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<br /> <br /> Communication 997 <br /> Bill 235 <br /> Page 4 of 8 <br /> <br /> <br /> <br /> Council Member Higa's concern was if opening of the road would weaken the County's position <br /> with respect to the condemnation issue and would the Council be placing itself in a bad situation <br /> and would prefer that the entire road be built. <br /> <br /> Director Yuen stated the proposed amendment should not affect the validity of the condemnation <br /> process and felt confident, as did Ivan Torigoe, Corporation Counsel, that the County would <br /> succeed in condemnation and that opening ofHaleki`i Street would not jeopardize those <br /> proceedings. Also, Mr. Torigoe stated that although the possibility that the judgment authorizing <br /> condemnation could be reversed on appeal was very remote, he could understand the position the <br /> developer is taking of not moving forward with completing construction of the entire Bypass <br /> until a decision is reached in the Coupe appeal. <br /> Due to the complexity of issues and recommendations discussed, it was suggested that any <br /> proposed amendments should be done with a clear idea that it be provided within appropriate <br /> deadlines to allow Council Members an ample opportunity to review any changes prior to the <br /> next committee meeting. This matter was postponed to the Committee on Planning's March 11, <br /> 2008 meeting in West Hawaii. <br /> <br /> At the March 11, 2008 Committee on Planning meeting Council Member Pilago presented a <br /> chronology of the proposed amendment to Bill 235 as outlined in Communication 997.2. <br /> Director Yuen stated that the content with respect to the County's responsibility is fine, however <br /> he suggested that amendments be contained in the traffic code rather than in the zoning <br /> ordinance. Jiro Sumada of the Department of Public Works stated they generally agree with <br /> most of the mitigation measures being proposed, aside from having to further discuss specific <br /> provisions with staff and some minor changes, and concurred that the amendments are things <br /> that should be completed if Haleki`i Street is opened. <br /> <br /> Council Member Yagong expressed concern whether these amendments can be embedded and be <br /> legally binding within the zoning ordinance instead of the traffic code. Corporation Counsel <br /> Ivan Torigoe stated that strictly speaking, it could be placed in either the traffic or the Zoning <br /> Code, but felt a better fit would be the Traffic Code. <br /> <br /> Council Member Pilago stated the reason these amendments were embedded within the <br /> ordinance was because the Departments were reluctant to include a detailed breakdown of <br /> mitigation measures agreed to by the Departments in either the Traffic Code or zoning <br /> ordinance. Mr. Pilago felt these protective measures needed to be specifically set out, and this <br /> was the first opportunity, as a Council, to take control and aggressively address concerns that <br /> have been discussed and promised to the affected communities. Council Member Ford stated her <br /> support of Mr. Pilago's amendment and that having these mitigation measures, if embedded in <br /> the Traffic Code, would be too easily changed. <br /> <br /> Mr Sumada stated there have been some changes in mitigation measures since he went out into <br /> the community and obtained input and that his staff has not yet been able to make an assessment, <br /> except preliminarily, and noted the following: Item number 8 should state that Haleki`i Street <br /> <br /> <br /> JC-PWIRC, PC, & FC Report No. 7 <br />