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2010-05-21 TALIIBEACH
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2010-05-21 TALIIBEACH
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REVHEIM: I donÓt know the answer to that. <br />GIFFIN: Bobby Jean, you -? <br />LEITHEAD TODD: Generally, based on the case that came out of the Hawaiian Paradise Park <br />road maintenance issues, when you have a private road, you can require all the property owners <br />that use the private road to contribute towards maintenance of the road. I think what happened <br />when the prior subdivision came in, we either required it as a condition or it was put in place, but <br />I imagine it was put in as a condition. And I would think that having some kind of a condition <br />on these lots that says they had to contribute to any future maintenance, if Stardust remains <br />private, is very consistent with the current status of HawaiÒi l <br />the property owners were to go to court, you could require everybody along that road to <br />contribute, because thatÓs what happened in Hawaiian Paradise Park. And certainly we have <br />enough attorneys out there in the audience, if they want to disagree with my understanding of the <br />law. <br />GIFFIN: Thank you. <br />BOWMAN: I just have a quick question. Are you aware that this is not necessarily a new <br />subdivision that has been on the books since 1991? <br />REVHEIM: I am aware of that, yes. <br />BOWMAN: Okay, thank you. <br />HOUSEL: I think you mentioned it. I just want to clarify. If the Department of Public Works <br />agreed to put a barricade across there, would you support that? <br />REVHEIM: WeÓd have a block party. <br />HOUSEL: Okay, thank you. <br />LEITHEAD TODD: With the magic of modern interconnectivity, IÓve already sent the request <br />via email to Public Works Director, Warren Lee, to explain the problem with Royal Poinciana, <br />Stardust and Kahakai, and ask him to look at putting in a barricade. And then IÓll follow up on <br />that email when I get back to the office. <br />HOUSEL: Thank you. Thank you very much for your testimony. Do we have anyone else who <br />would like to testify? Do you swear to tell the whole truth to the Planning Commission today on <br />this matter? <br />MATSUKAWA: I do. <br />HOUSEL: Thank you. Would you state your name and address, please? <br />16 <br />EXHIBIT B <br /> <br />
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