2019-03-21 Leeward Exh B (Discussion on condition deadlines)

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UNGER: I think a common thread throughout this is having some kind of ramification for not meeting deadlines whatever it is, and— DARROW: Suggestions? UNGER: —whether it’s a simple annual report, you as Planning Department should not be contacting the developer and saying hey where is your annual report. If he doesn’t hit his annual report, there should be negative consequences to him. So, I mean, not getting specific but just a general comment. Then I did have a question because it seems like the terms are used interchangeably, it’s my understanding there is no automatic extension. There is a five-year administrative extension. So, are we talking about two different things or are we talking about the same thing? DARROW: The condition right here says, “An initial extension of time for the performance of conditions within the ordinance, or permit, may be granted by the Director upon the following circumstances,” and No. 4 says, “The time extension shall be for a period not to exceed the period originally granted….” So if it was for five years, the Planning Director can, as long as they meet those criteria, extend it for an additional five on one-time extension. UNGER: Okay, so that’s not automatic— DARROW: It’s not automatic. UNGER: —it’s not automatic, so I think, I think that deserves some clarification; the Director at his discretion can look at that and say no. DARROW: Correct. UNGER: Okay. DARROW: And that has happened. UNGER: Okay, okay. DARROW: As far as consequences, that’s kind of what we are looking for direction from, I mean ideas. Is it’s something that we want to look at in regards to a fine or is it something that we are, I mean, that’s the difficulty is what – the consequences we have now is they are in jeopardy of losing their zoning or their permit, I mean that’s pretty substantial. But the reality is we don’t find ourselves going down that road a whole lot. UNGER: Right, and it looks like we should be going down that road and having, you know, more detailed discussion whether this is the forum or not, but that, you know, that should be asterisked and exclamation mark on all these discussions going forward because that’s the key. Commissioner Kealoha. 27 EXHIBIT B