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HomeMy WebLinkAbout01/17/2013 Public Hearing Transcript re Bill 2461 PUBLIC HEARING JANUARY 17, 2013 A public hearing of the Council of the County of Kaua`i was called to order by Nadine K. Nakamura, Chair, Planning Committee, on Thursday, January 17, 2013, at 1:48 p.m., at the Council Chambers, 4396 Rice Street, Room 201, Historic County Building, Lihu`e, and the presence of the following was noted: Honorable Tim Bynum Honorable Ross Kagawa Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Gary L. Hooser, Ex-Officio Member Honorable Jay Furfaro, Ex-Officio Member The Clerk read the notice of the public hearing on the following: BILL NO. 2461 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Amendments to the Shoreline Setback Ordinance), which was passed on first reading and ordered to print by the Council of the County of Kaua`i on December 19, 2012, and published in The Garden Island newspaper on December 31, 2012. The following communication was received for the record: 1. Caren Diamond and Barbara Robeson, January 17, 2013 The hearing proceeded as follows: CAREN DIAMOND: Aloha, Caren Diamond. Babara Robeson and I sent in written testimony, so I am not going to go over the details here, right now. I will just say a few things, which is basically that the Bill is very disappointing the way it has come back. What is really supposed to be a good Bill that implements the coastal erosion rates really strays from the original intention of the Shoreline Setback Coastal Erosion Bill that had been done. I think it reads very difficult. It is hard to even understand what it is saying. The average person cannot figure out what a setback would be from it. Basically, I think it needs a lot of work in scrapping all together and starting over again, or else doing major modifications, and major deleting. Some of the major problems are the Shoreline, where that it is a State function of the Department of Land and Natural Resources (D.L.N.R.), it is not the County's function. This Bill parts to make that something the County can wave. Landscaping again, the way it is defined, allows all the illegal vegetation that has been planted on the beach in recent years, to all of a sudden become legal. Not only legal, but to be restored, repaired, and replaced, over and over again. The Bill looks to be good, but if you look at the way they define what it is applicable to. It is not really applicable to very much in the way it is changed to lots, and the way that lots is define; it really only applies to subdivided lands, and nothing else. The majority, I cannot really think of any parcels on the North Shore that this would be BILL NO. 2461 2 January 17, 2013 applicable to, and it also takes out the applicability to the State and County right away in projects. There are major loopholes. It is written more for the loopholes than for being a real Ordinance. I urge you to take the time to go over it, and make it right. Ms. Nakamura: Thank you, Caren. I am sure we are going to have more discussion during our Committee Meeting. Thank you. Councilmember, Yukimura, I think this is public testimony only, and not discussion, but we will have that during the Committee Meeting. Ms. Yukimura: I just wanted to understand the testimony. That is why I want to ask questions during public hearing, because some people may not be able to come back during hearing. I am sure Caren will be, but I think we should be able to ask questions so we can clarify the testimony, and understand it better. Chair Furfaro: I guess everybody is looking at me for an interpretation. I would say if you have questions, direct it at the testimony. This is probably to ask a question, but specifically about the testimony. The Vice Chair is correct. This is a public hearing for the purpose of taking testimony. If you can confine your queries to clarification on that, I think that is feasible. Ms. Nakamura: The only caution that I would like to say is that...not caution but, I think a lot of us want to be out of here for an event later this evening, and only some people can leave because we have a quorum. I just want to move this along as well. Mr. Rapozo: I just think there is a bigger issue because I am dying to ask Caren a ton of questions, but out of respect for the Rules, I am going to hold that for the Committee. I just want to caution the members that the Rules are the Rules, and until we change it...I am sure all of us want to a chance to ask questions, but again, out of respect I am not because the Rules say you should not. It is up to you, but I think we need to respect everyone's time. The public hearing is part of the process that is outside of the Committee Meeting, and I think it is clear to me that it is the time to accept testimony, not get into dialogue, but that is always under the purview of the Chair. Chair Furfaro: Can I also make a comment? Ms. Nakamura: Yes. Chair Furfaro: Please, confine your responses to the earlier testimony, and do not try to expand too much. Ms. Yukimura: Hi, Caren. Actually like Councilmember Rapozo, I have a lot of questions, but my question was whether you would be able to propose certain wordings that might help clarify—not now, but in writing and maybe for the Committee. Ms. Diamond: I would be happy to work with others in doing that. Ms. Yukimura: Okay. That would be very helpful. Thank you. Ms. Nakamura: Next speaker,s please. p p BILL NO. 2461 3 January 17, 2013 BARBARA ROBESON: I am Barbara Robeson for the record. Thank you. I do not have anything to add to what Caren said, except that if any of you have questions about our testimony that we sent in, and if you want us to explain it to you. I would be very happy to meet with you as individuals. It is a very complex Bill and it is very confusing to read. I hope that it does get straightened out as it goes down to the Committee. Thank you. Ms. Nakamura: Thank you, Barbara. TOM SHIGEMOTO: Good afternoon, Chair and members of the Council. I have submitted a written testimony, so I will not present anything more. Everything is in here in writing. That is all I wanted to do. Thank you for your consideration and giving us the opportunity to present testimony. Ms. Nakamura: Thank you very much, Tom. I am not sure if everyone has that copy of Tom's testimony. I do not see it in my packet, but I did receive it by E-mail, so I want to make sure that Councilmembers also receive that. We will make sure everyone has a copy of it going into the Committee Meeting. Ms. Yukimura: Tom, are you going to be at the Committee Meeting? Mr. Shigemoto: When it is? Ms. Nakamura: I believe it is next week Wednesday. Mr. Shigemoto: No, I have to be in Honolulu next week Wednesday. Ms. Nakamura: We will pass that out to everyone. If there are questions, maybe people can contact you? Mr. Shigemoto: Yes. I will be more than willing to meet with anybody at anytime to clarify some of my statements. Ms. Nakamura: Thank you, we will be following up with you. Mr. Shigemoto: I appreciate it, thank you. There being no further testimony on this matter, the public hearing adjourned at 1:57 p.m. Respectfully submitted r-- "'"' // - !'' EDUA ° Q ! 0 ' NIO, R. / Administrative Assis:.nt to -e County Clerk :cy