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Ms. Schuster stated she wasn't sure. She wasn't sure how you could have that flexibility <br />worked into the decision making of a particular parcel. <br />Ms. Springer stated for this particular topic on the Kawa`a property, they have amended <br />to include the number of specific TMK's. But, for the broader discussion, we need to <br />keep this in mind and need to be thinking on it. Ms. Springer stated if /when this <br />Commission makes similar recommendations; we need to be prepared to pick up the <br />issues that have been discussed today. <br />Ms. Self passed around the original bill. Ms. Self stated in looking at the map it shows <br />you how far and how many TMK's they had included. It goes way beyond what this <br />Commission recommended; it even included the golf course. <br />Ms. Springer stated that Councilman Jacobson's measure goes beyond what this <br />Commission had recommended and really took on a life of its own. <br />Mr. Yada stated his concern was that a lot of the statements made in the "Whereas..." is a <br />stating fact. It gave the impression that this represented the Commission's <br />recommendations. Mr. Yada stated the way the facts were stated, it eluded that was the <br />recommendation of this Commission and the reason behind the resolution, which was not <br />exactly true because it misstated the Commission's intent. Mr. Yada stated he felt it was <br />up to the Commission to say something because he was not here at that time this <br />recommendation was made. <br />Mr. Yada stated another point that bothered him was the Mayor's recommendation to the <br />Council centered on the County Park and the resolution goes farther than that. Mr. Yada <br />stated it starts becoming questionable when it starts stretching beyond the intent of the <br />Commission and the Mayor. Mr. Yada stated the other part that concerned him was that <br />the Public Access, Open Space and Natural Resources fund was intended to be an <br />acquisition that's voluntary. Mr. Yada stated he did not think it was designed in our <br />ordinance to be a condemnation action. So, if there was no willing seller as to areas <br />beyond the County Park by the developer or the owner of the property, he was not sure <br />what use the resolution was if we don't have a willing seller. <br />Mr. Campbell stated he spoke to Mr. Jacobson and he thought Mr. Jacobson and the <br />Council members were struggling with the same things this Commission was. We are <br />defining new territory here, so it's a big learning curve for all of us. <br />Ms. Garcia stated for this Commission to not take archeological consideration into what's <br />being done was not doing a good job of preserving the land for the community. Ms. <br />Garcia stated this Commission would need to take the whole parcel into consideration <br />and not just half of a site. Ms. Garcia stated it would have to be on an individual basis. <br />Mr. Yada stated we needed to be reminded that these sites are also protected under <br />historic preservation laws. <br />0 <br />