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we have to take up arms again. I don€t know but, you know, God, is this worked, all this <br />violence that I just said, I don€t know. <br />But, you know, I€m sorry to digress, Mr. Chairman, but, you know, youfolks have to, <br />maybe you€re not out there out in the field. I hear this, I see it, I saw it this morning, my <br />own ancestors. It€s just unbelievable to me that we would let this happen in a land of a <br />law. What kind of a law is that? <br />Mr. Smith has told me, and the only meeting I€ve ever had with him, that if this goes <br />through, he€s going to move all the people that live on this Church of God Road, makai <br />of Mamalahoa, he€s going to move their waterlines and he€s going to provide all the <br />utility service at the southern boundary of his property. I don€t see that here. Mr. Smith, <br />you better be sure that this condition gets in there. <br />SMITH:I€mnotdoingthat. <br />PUBLIC:He€snot.See,he€snot. <br />TYLER:Well,weheardthatontherecord.Mr.Smithmadeapromiseto <br />me and we just heard the result of that promise. I have it written down in my notes. <br />Condition No. K, which is the fair share assessments condition, has a whole section that€s <br />missing, after paragraph No. 5. And I would just urge you to insert the standard language <br />there relating to annual adjustments and how many in-lieu conditions are handled. That <br />language is entirely missing from there. <br />I would say that with respect to Condition No. N that no extensions, no administrative <br />extensions, no extensions by the Council should be allowed until this roadway is done, no <br />extensions. So these people will have their road. Otherwise, you know, Mr. Clever is <br />going to build the road as the ordinance says. <br />I would also say that no occupancy permits should be allowed until a dedicable roadway, <br />dedicable to County standards, has been built and that affords a roadway connection to <br />Mamalahoa Highway through Hualalai Vistas, so these people, and all the other residents <br />that aren€t here today but for whom we all speak, are assured that their quality of life will <br />not be negative, further negatively impacted. And it seems to me that the only <br />demonstrable public purpose aside from perhaps some additional housing is for these <br />infrastructure upgrades. And unless and until we partner together to assure this -. And I <br />don€t propose that you€re going to have all the language together today, I don€t think you <br />can do this from the floor. I know I wouldn€t do it. I think you should just defer this, go <br />take a site visit, have the staff and Mr. Yuen, who€s the officer of the court, work with <br />Ms. O€Toole, who is the Corp. Counsel representative here, to come up with the language <br />that will ensure that these infrastructure improvements will be made without any <br />question. Otherwise, the rezoning will not be effective. <br />32 <br /> <br />