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John Michael White
President
COUNiY -
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January 22, 1999
To: Honorable James Arakaki, Chairman and Honorable County Council Members,
County Council, County of Hawaii, 25 Aupuni Street, 2 floor, Hilo, Hawaii 96720
Re: Urycul need for spcedv re- paesage of new Fla,+aii County ZoningCode, Draft $
AlohaChaitmnn Arakaki and Council Members,
I respectfully urge you to expeditiously re-review and re- approve the new Zoning Code, which
was, as you are all aware, recently deemed "voidable" by Judge Ronald lbarra due to a technical
deficiency in the original reviewlapprcval process, News of Judge !burro's decision has quickly
spread throughout the county, state, mainland, and other countries where individuals and entities
with active and contemplated investments or business activities in the County of Hawaii were
shocked to hear of this unfortunate turn of events. The economy of 1lawaii county has been
adversely impacted by the uncertainty' of the present and future use of properties zoned under the
now voidable code, as well as any properties that arc or were being planned under the scope of
the new code and are now in limbo pending your action. The ncsative impact on the Hawaii
County economy is cumulative, and increases caeli day that this mutter remains unresolved.
1 realize and respect the fact that some members of the council may not entirely support the new
code, and I acknowledge that new council members did not have an opportunity to participate in
earlier reviews and approvals of the code other than as members of the public. 1 ask that you all
please consider the overall consequence that any delays in the review /approval process could
bring upon the county and community, and to please keep in mind that you have a very limited
window of opportunity to re- review' and re- approve this code, or it may become void. if you
differ with some portion of the code, you may voice your concerts and still vote to approve the
code for the benefit of the community. There is a process available to you to propose changes in
the code after it is adopted, but please do not risk invalidation of the code by' relentlessly pursuing
personal preferences on portions of the code at this time.
Please also keep in mind that the majority of the prior council, and the general public, supported
the new code during the last round of hearings and, notwithstanding that there may have been
some technical deficiency in the process, the prior support by the community and earlier council
to adopt the code should be respected. A prompt and unanitnous vote by all of you, to quickly re-
approve the new code, will both benefit the community and serve as a notice to all that the
council can act cooperatively and in concert un matters that have such a broad impact on the
County of Hawaii.
Malhalo
Conn. No. • D
John Michael White F91e No. G'
President CoK •
JMW:m list Tof. _
Rat. Date
',MN 2 5 1999
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