COM 0762.071 2004-2006 - Laserfiche WebLink

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DATE: June 5, 2006 TO: Hawaii County Council FROM: Clarence A., Jr. & Nellie Medeiros SUBJECT: Opposition to Bill 246 We oppose Bill 246 that proposes amendments to the subdivision code relating to the information required for the submittal of a subdivision application. The Planning Dept. has had a longtime practice of accepting incomplete applications and has admitted that their past practices have not been correct. If Bill 246 is passed, it will give the Planning Director even greater discretion in continuing this unacceptable practice. The County is currently in a predicament that clearly demonstrates what happens when the County loosens its restrictions on subdivision approvals. In September 1982, the County effected a lease agreement with McCandless Properties for the Waiea Refuse Station in South Kona. A 2.282 acre piece was subdivided out of a larger parcel of land for the site and the lease expired on March 31, 1995. The County has continued the operation of the refuse station on a month-to-month basis ever since. The County is interested in purchasing the site or effecting a long-term lease for the continued use of the site. So the Dept. of Environmental Management contacted McCandless Properties asking for proof of clear title since we communicated information to the County that the title to Waiea was clouded, McCandless Properties were not the exclusive owners, and that future discussions involving the Waiea Transfer Station involve all the indispensable parties. Without identification of the owners by a title report or by quiet title, the required identification and notification of the land owners is not satisfied as per Section 23-63(7) of the Hawaii County Subdivision Code nor have their required consents been obtained. This situation has now become a major issue because of the Planning Dept.'s longtime practice of accepting incomplete subdivision applications that have not met all the requirements of the subdivision code. The passage of Bill 246 will only perpetuate practices that puts the County at risk and if allowed to continue, will make the Waiea Transfer Station situation more the standard than the exception. Please vote against the passage of Bill 246.