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VITOUSEK: Director Kern, I don't know what our avenues for discussing that are and for <br /> forwarding recommendations onto the Council,but I do want to discuss that here for this case. <br /> KERN: Yeah, Mr. Chair, I will defer to, may confirm with our corporation counsel, but I believe <br /> you folks as the commission would have the opportunity to propose an amendment to adjust that. <br /> And if that is confirmed, then I would think the methodology in which you do that would <br /> probably be part of that discussion,because each one of the dollar amounts go to specific <br /> requirements. So, is it a general overall percentage, you know? But I would want to confirm <br /> with the corp. counsel that that is, that that's not an issue. <br /> HALL: Hi. Yes, yeah, I mean you guys are basically making a recommendation,right? So at <br /> this point you probably would want to think of, you know, so that it's not arbitrary kind of, you <br /> know, what are the parameter of that? So you are saying like-if it's a family that is just doing a <br /> noncommercial type of subdivision with, you know;-less than four lots, or something like that. I <br /> don't want to put any words in you guy's mouth there;'I think the commission can think for <br /> itself But, yes, you have the power to make that recommendation to Council. <br /> VITOUSEK: And I agree with your wording there that, you know, the idea fora noncommercial <br /> subdivision for family purposes, you.know, I think that is very:important to be considered, with a <br /> small number of lots, three lots. Then figuring out the best way to communicating that to the <br /> Council whether it is as a recommendationattached to the-what would it be—condition L, that <br /> we believe the county should consider when determining whether fair share application costs <br /> apply, whether the commercial nature of the subdivisionwhether it's been proposed for family <br /> estate purposes or not, and determining whether or not the'applicant should be responsible. <br /> Maija, is that a hand raised? (No audible response) Oh, cool— <br /> KERN: —etiquette. - <br /> VITOUSEK: .Go ahead. <br /> JACKSON:,Thank you, Chair Vitousek. I just learned how to use the Zoom hand-raise tool. So <br /> I appreciate the discussion that you folks are having about this. I just want to kind of throw out <br /> that you are the Leeward commission; we also have a Windward commission. And fair share is <br /> applied island-wide. ;So you kind of want to consider that as well, and whether there would be <br /> fairness across the board and how i't's applied island-wide. For example, if you guys end up <br /> giving relief consistently:'to rezones that come before you for family estate planning purposes, <br /> Windward commission may not be doing that. So I don't know if it's worthwhile, if you are <br /> heading in that direction to have a discussion at a joint meeting in order to ensure that there is <br /> some type of fairness applied towards fair share across the island. <br /> VITOUSEK: In my opinion the fairness would be applied if this were actually a codified <br /> ordinance instead of being a case-by-case application of fair share contributions. I believe that <br /> because it's not codified that we are responsible for reviewing it on a case-by-case basis, and <br /> anyone else could be the same until such point that it is codified. For now, I think that adding <br /> language to that condition L reflecting what Malia our corporation counsel stated, would be a, <br /> would be a benefit,because we are purely providing a recommendation, we are getting a <br /> 14 <br /> DRAFT <br />