2008-08-22 TNKOHALA CDP - Laserfiche WebLink

Home

LUCE: I understand your analysis. I can assure you that there are a lot of people in Kohala who feel that when something says “should” in here means that you’d better do it; and the legal side you could be right legally, but lose the battle on that one. There are also some short-term acquisitions that are called for, i.e. lands already designated for trails or owned by government or owned by private property. There’s a, how do I say this, there’s a long-term list that you’re talking about. There’s also a short-term list which definitely has to be disclosed. And I just, I wanted, I’m bringing up this disclosure issue cause it applies not just to a short-term list of trails or even a long-term list. But this whole Plan if adopted by ordinance realtors are going to have to know, I think, in any district that has a CDP, they’re going to have to disclose to their buyers if it’s you, what elements of it potentially bear on the value of the property. That to me is what disclosure is all about. But maybe the Director has a different thought. WOODWARD: Mr. Chairman, if I might just follow-up. Well, I would say this is pretty, this language is pretty mamby pamby and it doesn’t even say “should.” It says “The trails and accesses listed here are based on community desires and recommendations and are not necessarily the accessways that have been negotiated by the County Planning Department in their permit requirements.” So it doesn’t even say “should.” Certainly it doesn’t say “shall.” And it’s -. LUCE: Then why is it in there? WOODWARD: Well, that’s what they would -. LUCE: Just filler? WOODWARD: That’s what they -. There’s a lot of flops in these things -. LUCE: Okay. WOODWARD: You know. And that’s kind of what they would like to have done. But I don’t look upon this as being anything that would restrict anybody’s property rights at all, unless these specific things were enacted by Council. And that’s a long step down the road as far as I’m concerned. WATANABE: Mr. Domingo. DOMINGO: Thank you. Mr. Chairman. As Commissioner Woodward indicated unless it is adopted by the Council. I, you know, we’re at a serious juncture at this time with regards to considering of Development Plans. And it should be made clear as to what really would take to be involved and how this, how the Plan would be implemented in the community. Prior to the drafting of these Community Development Plans, other Community Development Plans have been adopted by resolutions and we’ve projected this idea into the community that this is a Community Development Plan that will be adopted by ordinance. And as we all know an ordinance has a cause and effect of law. Now if someone in the community is against an issue in the Plan and that this Plan would then go further on and that issue would be implemented, you know, the question is can he or she contest the decision of the authorities with regards to the EXHIBIT D 8