HomeMy WebLinkAboutCOM 0595.133 2020-2022 P/counal
bill ►1
From: test
Sent: Monday, April 04, 2022 8:47 AM
To: Council Testimony
Cc: test
Subject: Fwd: 2nd Reading, Amended Bills 112 and 115 Hawaii County Council, April meeting.
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Begin forwarded message:
From: test
Subject: Re: 2nd Reading, Amended Bills 112 and 115 Hawaii County Council, April
meeting.
Date: April 4, 2022 at 8:30:19 AM NST
To: countvtestimonynhawaiicounty.gov
Mahalo Mark. I submitted Communication 601.24 if you'd like to write in testimony in support.
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Comm. No.
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a`u me ke aloha,
oleka Goro Inaba, Ed.D.
Hawaii County Council Member, District 8 (North Kona)
Phone: (808) 323-4280
Email: holeka.inaba@hawaiicounty.gov
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West Hawaii Civic Center- Building "A"
74-5044 Ane Keohokalole Hwy Kailua-Kona HI 96740
On Apr 1, 2022, at 8:27 AM, test
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Please accept this as written testimony on Amended Bills 112 and 115 at the upcoming
April County Council meeting regarding the second reading of those bills. And
distribute to all Council members. Thank you. Mark Van Pernis.
This is a huge timeshare project, involving decades of development which will add
nothing to the County other than an added tax base inadequate to deal with its grand
impacts. This is an important and rare opportunity for you to address and resolve some
of these impacts. Seize the opportunity! The developer can well afford it, and is being
given millions and millions of added value on conditions which it has written and
contain legal "wriggle room" and discretion for later avoidance out of your sight and
terms. The Planning Department doesn't have the expertise or inclination for future
enforcement.
"Moving the goalposts" is proper when the applicant-developer set the location of the j
goalposts to start with at an unrealistic, advantageous and improper place from which to
start negotiating. Represent the people, not the developer, who's primary objective is
profit. Don't be lulled to sleep by the unenforceable "representations" of the developer,
whose primary objective is profit. THERE IS NO ENFORCEABLE CONDITION FOR
MORE THAN THE 140 • • • • . • • • . • • . • 'WORK FORCE"UNITS.
The trust/foundation is private and can be changed at any time. All of the County will
not benefit. HAVE THE CORPORATION COUNSEL AND YOU EVEN LOOKED
AT THE RELEVANT TRUST DOCUMENTS? At a minimum, this is your job. It is
a dangerous and improper precedent to give a private and malleable trust and trustees
exclusive authority for collecting and distributing monies to select entities, including
themselves, in lieu of benefits to which all of the County is entitled. What if tourism
promotion for the use of their resort and payment of their trust salaries are the only
beneficiaries? WHAT DO THE TRUST DOCUMENTS SAY ABOUT THIS AND
HOW ARE THEY TO BE CHANGED NOW OR IN THE FUTURE? Does all this
just end up in the black hole of post-ordinance developer/successor discretion and
Planning Dept. lack of enforcement? This is dangerous precedent the developer is
trying to sell you for its own benefit. "Work force"housing for the developer's benefit
is not"affordable housing" for Nest Hawaii and the whole County. THE
DEVELOPER MUST DO MORE IN EXCHANGE FOR THE MILLIONS IN
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BENEFITS IT WANTS.
Necessary Additional Condition. A serious traffic jam will occur at the Queen K
intersection with the 5 to 40 year build out build-out. Modify O to include BEFORE
ANY CERTIFICATE OF OCCUPANCY IS ISSUED FOR ANY TIMESHARE UNIT,
A TRAFFIC STUDY, INCLUDING CONTE° MORARY AND FUTURE USAGE OF
THE INTERSECTION OF THE RESORT AND QUEEN KAAHUMANU
HIGHWAY, SHALL TAKE PLACE, AND ALL NECESSARY AND
RECOMMENDED IMPROVEMENTS BE CONSTRUCTED BY THE
APPLICANT. You alsorepresent the future.
Also: The phrase "gross profits" must be defined in accordance with the Council's
intent to be the total purchase price off as time share unit sold to users,
REGARDLESS OF PAYMENTS OVER TIME OR A SIMILAR CONTRACT OR OF
FORECLOSURE OR RETURN OF A UNIT TO THE SELLER. Time shares are often
sold on a contract and/or foreclosed. The phrase "proceeds derived" or the like gives
the developer wiggle room to not pay until contract payments over time are made, or
not pay at all if there's foreclosure or give-back. The developer should state its intent
and agree to this so the Council's intent is realized and the developer has less wiggle
room.
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