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PC-47 Page 2 May 1, 2012 <br /> Council Member Yagong verified that the County drainage ditch was located on Mr. Botelho's <br /> property and that he had used cement to stop the erosion on the sides and bottom of the ditch but <br /> did not change the direction of the flow. He also confirmed that 'Akala Road did, in fact, <br /> encroach on the property by six feet for approximately ninety feet. He then inquired about Mr. <br /> Botelho's intentions for the property. <br /> Mr. Botelho replied that he wants to subdivide the property to allow his children and <br /> grandchildren to build a home and he does not intend to sell the property. <br /> Council Member Yagong asked Deputy Corporation Council Amy Self if the request for deleting <br /> the two Conditions was addressed at the Planning Commission hearing; and she stated that she <br /> did not recall it being discussed. She further reminded the Council that they need to be <br /> consistent when considering deleting fair share contribution costs. <br /> Council Member Yagong stated that perhaps the Council should just do away with all fair share <br /> contributions. He further stated that this is a precarious situation as the County did not survey the <br /> road correctly. <br /> Council Member Ford inquired about purchasing the portion of land from Mr. Botelho that the <br /> County's road and drainage ditch are encroaching on. Ms. Self stated that she had not seen the <br /> surveys and had not talked with Public Works Director Warren Lee, so she could not comment. <br /> Assistant Corporation Counsel Kathy Garson added that a review of the survey maps should be <br /> done and dealt with separately from this rezoning request. <br /> Council Member Pilago stated that this was an interesting predicament; however, it was not <br /> Mr. Botelho's fault and he should not be penalized by holding up his rezoning request. He added <br /> that he believes the fair share contribution has been met and should be waived. Council Member <br /> Onishi also agreed with Council Member Pilago and stated that this applicant has already paid <br /> his fair share contribution. Council Member Yoshimoto also agreed with Council Member <br /> Pilago and Council Member Onishi. <br /> Council Member Smart suggested that it might be best to postpone this bill to allow time for the <br /> Department of Public Works to investigate the possible encroachment and be present to discuss <br /> the situation. Council Member Ford added that without the Planning Department and <br /> Department of Public Works present to answer questions,the bill lacks full information and <br /> should be postponed. Council Member Smart made a motion to postpone. <br /> Council Member Ikeda stated that he cannot support the postponement and the bill should move <br /> forward. He added that Mr. Lee can be present at the Council reading and Council Member Blas <br /> agreed. <br /> Council Member Yagong expressed his support for the postponement, especially since the <br /> Council has now been notified of the encroachment issues. He also expressed concerns over <br /> liability should an accident occur. He questioned moving forward before resolving the <br /> encroachment issues. <br /> PC Rept.No.: 47 <br />