2008-04-04 THILO HILLSIDE - Laserfiche WebLink

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fine. But then somebody then inserts $175,000 and $60,000 based on 1995’s prices, I would guess, but I don’t know that as a fact cause I don’t know how that’s determined, the actual dollar amount. And in 2008 you’re asking me to approve it as written when I know that in a year or two and probably right now if I tried to ask whoever can tell us how much it costs, this figure is no longer valid today and in the future. That’s just my guess, I don’t know that as a fact. So, does that make any sense to you? YUEN: Well, we are asking the ordinance be changed from the statement in the zoning ordinance that the applicant, you know, install these traffic signals at Kukuau and Komohana. RHO: But you just told me that, but you indicated to me that I can’t or we can’t change the cost. WATANABE: Not without a reason. YUEN: No, I said that you have to have, there has to be a justifiable reason to do so. And unfortunately because, if it were simply that there was going to be a payment in lieu of doing the signal and we were starting from scratch, yeah, we could probably do that. But right now all we’re doing, you know, as I look at it from the standpoint of the Department, is I’m implementing an agreement that was made in around 1995 and then incorporated into the tentative subdivision approval at around 1995. And to be consistent with that, we are asking that ultimately the Council delete the portion that calls for the signal and substitute the agreed upon figure that was done in 1995. RHO: So can I assume, and this is my last question and I’ll shut up. Can I assume that from now on whenever a developer comes in and we want or somebody wants them to do a traffic signal, for instance, that we’re going to quote them a price and put that price on the condition? YUEN: No. And, you know my own view of the better way to have proceeded with this, frankly, is that if the administration and the developer agreed in 1995 that the signal, that rather than putting in the signal they should pay money, that that should have been an amendment to the ordinance. I do think that that’s true. However, you know, here we are, and today we are asking for that amendment to the ordinance. RHO: And can I just add “and collected at the time that agreement was made,” so that the County can draw interest on that money. WATANABE: Good. Mr. Domingo? DOMINGO: I guess if you look at the history of this ordinance and the reason that they’ve come and they haven’t been able to fulfill the requirement for the plan approval, it’s real exceptional. And it was not of their plan or their desire to just wait and later on come up for a plan approval. They couldn’t do anything because the County themselves didn’t know where the alignment would be and, you know, it would then prohibit them from making any plans whatsoever. And I think once the decision as to where the alignment would be and if it was EXHIBIT B 5