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COM 0927.003 2004-2006
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COM 0927.003 2004-2006
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Last modified
5/12/2008 2:40:39 AM
Creation date
5/8/2008 11:59:07 PM
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Communications
Communications - Type
COM
Communications - Council Term
2004-2006
Communication
0927
Point
003
Author
Mark Van Perins, Perins-Vancil Attorneys at Law
Communications - Referred To
PC
Comments
Presented: PC - 6/20/06
Document Relationships
AGE PC 06/20/2006 2004-2006
(Related)
Path:
\Council Records\Agendas\2004-2006\Planning Committee (PC)
RES 381 Draft 01 2004-2006
(Related)
Path:
\Council Records\Resolutions\2004-2006
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<br /> <br /> <br /> <br /> Two issues arise before the County Council, the County Planning Commission, and the <br /> Mayor when a rezoning or any other development matter is up for consideration and decision. <br /> <br /> The first and most important issue, perhaps the only one that an elected or appointed official <br /> should consider, is the benefit and/or detriment to all of the people of the County of Hawaii that a <br /> rezoning or other development may generate. <br /> But County officials may consider the second issue with too much priority. That second <br /> issue is what benefits a rezoning or other development might bring to a developer. <br /> <br /> Since the County officials represent the public, which is all of the people of our Island, their <br /> paramount duty is to be fully and objectively informed about the benefits and detriments to the <br /> public each proposed rezoning and development may bring, and then make decisions for the public, <br /> regardless of whether or not the developer is or is not served. <br /> Some County officials might give lip service only to representing the public, and instead <br /> confuse serving the private developer's interests with serving the public. Why? <br /> They may talk about jobs or increasing the County's tax base or "affordable" housing, as <br /> reasons for approving a developer's project. But Big Island unemployment is now very low, the <br /> construction industry is busy and booked for many years to come, and family income has been <br /> rising and is predicted to continue to rise. The County's tax base is at a record highs and rapidly <br /> increasing for the foreseeable future as real property values increase. There are tens of thousands <br /> of existing rezonings and unbuilt units that were approved in prior years and which are yet to be <br /> developed and built out. These are providing jobs and increased County tax base for years to come. <br /> It is more than obvious that increased development has not reduced housing prices, and that <br /> population growth from many sources eliminates any chance of reduced housing prices by market <br /> action. Any argument that increased growth produces affordable housing in West Hawaii is <br /> laughable. <br /> So an official's justifications for approval of a developer's project on the basis of jobs, or <br /> increased tax base, or affordable housing are not reasons at this time and for the foreseeable future <br /> for the official to ignore the detriment to the public the development may cause the public. This <br /> detriment can be more traffic jams, spot zoning, damage to the environment that supports tourism, <br /> lack of infrastructure that the public and the County must eventually pay for with increased taxes, <br /> and destruction of the Hawaii way of life. Quality development, with immediate infrastructure <br /> contributions can benefit West Hawaii. <br /> The County lacks budget, staff and expertise to keep up with developers and their well-paid <br /> consultants, experts, and attorneys who pile on the paperwork and constantly promote the <br /> developer's project, lobbying the County Planning Department, the Planning Commission, the <br /> County Council and the Mayor. The County officials and staff all must be intelligent, experienced, <br /> thick skinned, and ever vigilant and diligent in honestly seeing the public benefit and detriment <br /> regardless of the profit the developer may be seeking by betterment of his property by <br /> governmental approvals. Not all County officials may have those characteristics, and as a result the <br /> public can suffer, particularly in West Hawaii. <br /> The increased value a developer immediately gets from County rezonings, approvals, and the <br /> like often greatly increases the worth of the developers property, enabling him to sell it for a huge <br /> profit with the new County entitlements without developing, or to develop for a huge profit. <br /> The County provides this wealth for a developer immediately open approval of the <br /> development. But, in the past, the County usually required nothing immediate from the developer in <br />
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