2003-10-17 TContinental - Laserfiche WebLink

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I have in my hands the fishing agreement. Has anybody on the Planning Commission received a copy of this agreement? Okay. I just got it hot off the press. I didn't even have time to copy it. And I had to choose between going home to get that and going on the tour, so I'll welcome, I mean you can share it, but I need to use it right now. I'm just going to talk about number one, because the rest of the agreement is all a private agreement. Mr. Lim mentioned in his testimony, which I've read, that they're willing to legalize their agreement with the Pepe`ekeo Association, but it sounds to me like they're still negotiating now that they have said that they'd be willing to do that, so that's up in the air. But in their agreement, number one talks about the public's general access rights, and it states in the last line that the Fishing Access Committee and Continental shall jointly establish rules for administration of night time public access. Okay. Let me just -. What they've signed up to do -. Wait, let me read the whole paragraph. "General public access shall be to the parking areas outside of locked gates with pedestrian access from the parking area to the shoreline and laterally along the shoreline along the top of the pali. Public access shall be from 6:00 a.m. to 6:00 p.m., with night time public access by permit issued by FAC, that's the Fishing Access Committee. Night time public access shall be only to the parking areas outside the locked gates. The FAC and Continental shall jointly establish rules for administration of night time public access." I'm a little confused here. Not only do they have this special appointed the police, too. And it appears from my understanding, they have agreed to administer the night time fishing sign-up and all of that for the developer. Usually, the developer has to take the calls, issue the keys, and handle that. But he's made a deal with the Fishing Access Committee that they'll be responsible for that and they'll also pick up trash and other things and take care of the pali. In exchange, they get all these things and they are going to administer the night fishing. But it says that they and Continental Pacific shall jointly establish the rules. Then later it says that these rules may be modified any time or terminated in the event of substantial and repeated violations. I was under the opinion that the law called for the County of Hawai`i to set up the rules for the night fishing and that it would be a condition of the permit that it would be the developer's responsibility to administer the program if, in the event the Parks Department didn't have the resources to administer it. The general rule being that the Parks Department would like the developers to take on that responsibility. So I'm a little confused because it sounds to me like night fishing is up to these two parties who have a very complicated agreement that doesn't include the rest of the public, and I'm uncomfortable now with them being the so-called police and setting rules for the rest of us so -. th Then the other thing that bothered me was the date of this. This is dated September 10. I notice that -, I have over here if you don't have one, Exhibit A. That was one of the documents said was missing from the file. I only got it a couple days ago. Exhibit A shows certain easements on -, created by survey in favor of the Pepe`ekeo Association. They signed this agreement, and they refer to, you know, this plan as they're making this agreement. Then it's after they get this agreement signed, they submit a revised preliminary plan and all of those 9