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Hawaii County Council - 2 December 18, 2002 <br /> MR. SOON: The access, is still your responsibility. I realize that <br /> (inaudible). In the case of Waimea, we take care of(inaudible). I <br /> think the spirit of the Agreement is clear and that, really, the <br /> administration working together. <br /> MR. TYLER: Well, that's very obvious—and I appreciate the <br /> clarification from both of you. My concern was only as it relates to <br /> our County Code because we have to comply with our Code and we <br /> can't—unless we change the Code. And I see that there are some <br /> things, possibly, for different land use designations. And I applaud <br /> that because I think there's a need to look at that and I'm glad the <br /> Planning Director is involved, too. <br /> Nov, one final question, Mr. Chairman. And that is—I think it's <br /> the final one—that I see that either party with 180 days notice can <br /> terminate this Agreement. And what bearing will that have on the <br /> County's obligation for providing services to the beneficiaries in the <br /> form of infrastructure? If this—and I'm not suggesting it's going to <br /> be—but there is this termination provision and I'm concerned about <br /> that because the County, if we take over a lot of these things or we <br /> are going to be taking on long-term obligations, and if one of the <br /> parties can terminate that relationship unilaterally—what impact is <br /> this going to have over a long period of time. if any? I mean, it <br /> would have an impact--but how would we handle that, Mr. Mayor'' <br /> MR. KIM: I don't want to try to answer questions as far as legality <br /> on that because I'm really not quite sure what the answer is. as far <br /> as all of the ramifications of—however, certain things, I think. will <br /> not change—like this Memorandum of Agreement as to clarify our <br /> roles. For example, I do not think it should change regardless the <br /> existence of this Agreement or not—County's responsibilities—as <br /> far as roadways, streetlights, and those things—that clearly <br /> identified during the discussion that these are "paid for" by Fuel <br /> Tax. And if there are County roads, we should pay for it, like any <br /> other County road. <br /> In regards to those things of where we needed the assistance of <br /> Hawaiian 1-Tomes in regards to the collection of taxes and <br /> enforcement of certain regulations, as far as Codes, those things are <br /> administrative. If the agreement is that they will not do it anymore <br /> or we don't recognize it anymore—those are the things that is now <br /> and need to be worked out. <br /> Page 5 2 <br />