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<br /> Communication 687 <br /> <br /> Bi11224 <br /> <br /> Page 11 of 12 <br /> Council Chair Higa confirmed with Mr. Lam that market prices in the project would be in the <br /> range of $475,000 with some product close to a million dollars. Mr. Higa wants to see <br /> affordable housing built and applicant stated it does not wish to sell their affordable housing <br /> credits and agreed to a condition that no afford housing credits cannot be transferred. <br /> Council Member Jacobson talked about testimony regarding grade percentage of Makalei Drive <br /> which Director Yuen stated the maximum is 19 percent. Mr. Jacobson asked Deputy <br /> Corporation Counsel Amy Self about the liability questions raised and status of a bill in the <br /> legislature that would lower County liability. Ms. Self stated if the road was built according the <br /> standard, liability would be less. However, if there was a letter from the county describing <br /> something that is wrong with the road, that would actually put the county on notice. Ms. Self <br /> will research this issue and provide comments prior to the next council meeting. Mr. Jacobson <br /> requested staff to forward a copy of the written testimony to Deputy Self. Mr. Jacobson wants to <br /> know what would constitute notice especially since the council will have vote on this. <br /> Director Yuen stated the gist of the Supreme Court decision is the percentage of liability the <br /> county would be responsible for. Legislation was passed to prevent the counties from being <br /> responsible for the bulk of a judgment amount when there was a small percentage of fault. <br /> However, Director Yuen doesn't know what happened with the legislation and doesn't think it <br /> passed. He said there is potential liability for any public road and that Makalei Road was built to <br /> county dedicable standards as a minor street. Mr. Jacobson stated some Makalei residents stated <br /> the county could be sued if it allowed Makalei Drive is used as a connector road and wants <br /> Deputy Self to investigate these issues. <br /> Council Chair Higa stated he supports this application with the amendments discussed and will <br /> speak with applicant regarding the amendments. Vice Chair Hoffmann requested that he and Mr. <br /> Higa work with each other on proposed amendments. Mr. Higa stated he had no problem with <br /> that as long as there would be no sunshine law violation issues. Council Member Arakaki stated <br /> he generally agrees with what was said today and will vote in favor of this application. He also <br /> noted he doesn't want to jeopardize the chain of information between Mr. Higa and Mr. <br /> Hoffmann but is leary about members getting together to discuss issues and suggest they check <br /> with corporation counsel before proceeding with discussion. <br /> Committee Chair Pilago noted the committee needs to take into account Mr. Arakaki's <br /> comments relating to serial communications among members. However, he noted the need to <br /> establish a variety of conditions and have these firmly set because they are still nebulus issues <br /> and there needs to be some kind of reference point to firm up these conditions. <br /> Chair Pilago called a recess for a discussion with Corporation Counsel and upon resuming the <br /> meeting stated that the aspect of serial communication is between elected officials and that all <br /> members need to be cautious in how public business is conducted. Council Chair Higa said he <br /> spoke with Corporation Counsel Lincoln Ashida who advised that Mr. Higa and Mr. Hoffmann <br /> may discuss, however, he cautioned that it creates a negative perception because there is <br /> collaboration. Mr. Ashida suggested that each do their own amendments and bring it out in <br /> PC REPORT N0.73 <br /> <br />