HomeMy WebLinkAboutCOM 0117.001 2008-2010J YOSHIMOTO
Council Member
District 3
Phone: (808)961-8272
FAX: (808)961-8912
Email: jyoshimoto@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
COUNTY OF HAWAII o
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MEMORANDUM
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TO:
Members of the Hawaii County Council ~'
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FROM: J Yoshimoto
Council Chair ~ _
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DATE: January 27, 2009
SUBJECT: Request by Reed Flickinger to Release Confidential Information
The purpose of this memorandum is to inform the Council that Reed Flickinger, Editor of
West Hawaii Today, has made a formal request for the release of Corporation Counsel
Lincoln Ashida's recent opinion regarding the legality of "fair share assessments" for
developers. Attached is Mr. Flickinger's written request for the release of information.
Communication No. 117, transmitted by Council Member Donald Ikeda, requesting
Executive Session to discuss the legality of the County's Fair Share Program has been
agendized for the February 4, 2009, Council meeting. I would like to request that
Mr. Flickinger's letter be discussed at that time.
JY/dwe
Attachment
Comm. No. I I ~'
Ref. To: Plesenf$d u+/cu
Hawaii County is an Equal Opportunity Provider and Employer Ref. Dcte FED
Mailing Address: (Former County Building) 25 Aupuni Street, Hilo, Hawaii 96720
Business Address: Ben Franklin Building, 2"° Floor, 333 Kilauea Avenue, Hilo, Hawaii 96720
01/27/20D9 10:06 8083294660 EDITOP,IAL LlESTHAWAII F~9GF F:'%i32
West Hawaii `T~da~
westhawaiitoday. com
January 27, 2009 ..,
Mr. J Yoshimoto Q
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Hawaii County Council
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25 Aupuni St. ,
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Hilo, HI °-
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Mr. Xoshimoto, ~~
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This is a formal request for the Hawaii County Council to release to West Hawaii Todey,
the public, an opinion recently provided to the council by Corporation Counsel Lincoln
Ashida regarding the legality of "fair share assessments" for developers, a
communication that Ashida confirmed is privileged information and camlot be made
public without council approval.
The full council referenced this information during session on Jan. 23 as an underl}9ng
guide in determining a zoning decision, specifically noting the potential illegality of "fair
share assessments" in light of Judge Ronald Tbarra's 3`a Circuit Court ruling with
Hokulia. The questionable legal status of these assessments continues to be voiced by
Councilman Pete Hoffinann as a basis of his `410" vote on any application where such
assessments are imposed.
As such, it becomes clear that while of a legal nature, it appears there is nothir>g
propltietaty about Corporation Cotmsel's opinion, since it, too, must be based upon p~.blic
record case law.
However, as long as the issue of "fair shaze assessments" remains uncleaz and the basis
upon which they are imposed is not rendered transpazent for the public and developers,
the door is left ajar for zoning actions to be subject to litigation against the county; thc~: .
cost of which will be borne by the public - a public which is not being allowed accea 0.i
or full knowledge of the legal and procedural process under which the county is granting
said zonings and applying those "fair share assessments."
(808)329-9311 i-800-355-3911
Administration/Circulation fax (808) 329-2941
Newsroom fax (808) 329-4860 Newsroom email whtC~aloha_net
Advertising fax (808) 329-3659 Advertising email ads(8westhawaiitoday.ccm
P.O. Hox 789, Kailua-Kona, Hawaii 96745-0789
01/27/2009 10:06 8083294860 EDI70RIAL WESTHAWAII RAGE E:!.%03'
"Fair" is a very subjective term, while an "assessment" is a finite and definite label ~vr
taxation; between the two should be a rational nexus and sound enabling legislation.
This request is a step toward establishing a full public discloswe of that relationship,
Thank you for your considet~ation of this request.
Sincerely,
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Reed Flickinger
Editor
West Hawaii 'today
P.O. Box 709
Kailua-Kona, HI 96745
(808)930-862?
cc: Lincoln Ashida,corporationcounsel
Billy Kenoi, mayor