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Mr. Kurokawa moved to maintain the January 2016 Draft CDP agricultural designation <br />for parcel 2-7-003:024. Second by Ms. Pahi'o. Motion passed with 6 votes aye and 0 <br />votes nay. <br />c. Any additional land use policy map revision based on any new information presented: <br />Not addressed. <br />2. Consideration of Other Proposed Revisions to Draft CDP: Not addressed. <br />3. Affirmation of Minor Edits to the Draft CDP: Not addressed. <br />PUBLIC COMMENT ON AGENDA ITEMS: <br />There were six people who signed up to testify. <br />1. Steven Strauss, representing himself, speaking on agenda ite<youeciate <br />uld you pull up your <br />CDP features that you had before that I had issues with. Thayour time. I'm <br />a resident of Wailea. I've lived on the Hdmdkua Coast about 30 years. Based to live in Kaikea <br />Camp and my concern tonight is with this statement and if you see where it says changing CDP <br />Land Use designations does not consist of a legal take in the development rights. I have <br />concerns that that's not true, I'm a Deputy Corporation Counsel but I'm speaking in my personal <br />capacity tonight. I'd strongly encourage you to get an opinion from Corporation Counsel <br />regarding whether a CDP conversion to Open can in fact be equivalent of a condemnation <br />action — inverse condemnation. There's a case recently, involving Maui in which the CDP <br />attempted to convert certain property to Open designation for a park and the ICA allowed a <br />lawsuit to go forward on inverse condemnation determining that although there — the CDP is <br />not the equivalent of a General Plan Amendment because the CDP like Hawai'i County CDP <br />requires passage by ordinance that once you pass an ordinance that's signed by the Mayor, that <br />is law. And that law is what triggers inverse condemnati n. So there are other ways that you <br />can approach that but the concern is that if you allow a significant portion of property or even a <br />part of property to be a partial taking, be banked in Open it can reduce the economic liability or <br />eliminate the economic liability of the proper ven though you're talking about doing it in the <br />future. When we look at inverse condemnation, it affects future rights, not just what somebody <br />can do now and so, I strongly encourage you to get an opinion from corporation counsel, <br />whoever is designated to work with you guys, deal with that issue because I have my concerns <br />that that is not correct. That statement that changing CDP Land Use designation does not <br />consist of a legal development of — development rights is not correct. I have concerns about <br />that, particularly with regard to Open designations. (inaudible) Thank you. <br />2. Steve Shropshire, representing Shropshire Group LLC, speaking on development agreements <br />specifically regarding Hakalau Point: Correct. Good evening again. First of all, I — earlier I got a <br />little hot under the collar and if I've offended anyone please, I ask for forgiveness. But, I guess <br />what I want everybody to just step back a moment and take a look at, is that there — there's this <br />guiding principle called Smart Growth Development and there's — there's some you know, it's <br />basically an international guidelines that happen all over the world. One of the guidelines of <br />Smart Growth Principles is encouraging collaboration between stakeholders and community. <br />Frankly what — I think what I get upset about is when I come to these meetings often, I get the <br />stink eye, I get the — you know, I just don't feel like I'm a part of this process. And then we end <br />up in this — this fighting match and in the end, the reality is, is that, you know, my private <br />Page 115 <br />