Laserfiche WebLink
JNir-Oi „1~ . <br /> o.• <br /> <br /> Stephen K. Yamashiro Richard Wurdeman <br /> Mayor Gnpurntion Cnunsrl <br /> 4L H~ J <br /> 11E Of-Mr's <br /> ~D1ITi~'~T D~ ~ttfll~itt <br /> OFFICE OF THE CORPORATION COUNSEL <br /> IOI Aupuni Street, Sui[e J25 • Milo, Ilawai'i 96720-4262 • (80A) 96I-A 251 • I°ax (BOA) 96 L8622 <br /> 31 March 1998 ~ ~ <br /> Otte...-,-_--~1- gb._~..-....__. <br /> County Camcil_'-""" <br /> TO: HONORABLE AL SMITH <br /> Vice Chair, Hawaii County Council <br /> r /i <br /> FROM: RICHARD D. WURDEMAN~// <br /> Corporation Counsel <br /> SUBJECT: BILL_186, DRAFT 4 TO REZONE _PROPERTY OF APPLICANT <br /> KAMEHAMEHA INVEST_ME_NT CORPORATION IN KEAUHOU-KONA, T_MK: <br /> 7--8-10: PORTION OF 2 <br /> This is in response to your questions regarding the above-noted <br /> bill. There has been a proposed amendment to the bill which <br /> would state that any "fair share" contributions paid by the <br /> applicants shall be ..."expended within the region impacted by <br /> the proposed development, subject to the approval of the <br /> director. It is entirely within the authority of the Council to <br /> make such a determination, so long as it has factual basis. You <br /> have verbally expressed concerns about the use of the term <br /> "region" in the ordinance, and inquired about its meaning. Our <br /> response is that "region" is vague and not well defined, and <br /> should be replaced with something more definite. <br /> There is no standard legal definition of "region", nor is it <br /> defined in the Hawaii County Code. In case law, there are <br /> decisions interpretiny and defining "region", but it is in the <br /> context of the use of the word in the statute. <br /> Hawaii County Code merely states that all words and phrases <br /> shall be construed and understood according to the common and <br /> approved usage of the language. Hawaii County Code §1-2(a)(1). <br /> Dictionary definitions of "region" usually tend towards words <br /> Oo~ ?ta <br /> P11. its ZN6/KN <br /> ~Preson oa covwu~ <br /> wt. ~ 1~._._: <br /> <br />