Just when it seemed the current dysfunctional County Council had reached new lows in legislative responsibility, the Kamaka Village at Keahuolu exemption list hit the Housing Agency agenda on 6 October. The developer is Forest City, a reputable corporation which has designed and built several large complexes on the mainland. Working with the State, they propose 1,169 affordable units of a total of 2,330 homes (50%) in the vicinity of Kealakehe High School in Kona. Everyone I’ve spoken with is supportive of this effort and, in general, it meets with the objectives of the Kona Community Development Plan.
So what’s the problem? The developer has determined that in order to enhance the bottom line projections for this project, a number of zoning and sub-division code exemptions are required. Other projects have received such exemptions, so why not Forest City? After all, 50% of the project is billed as affordable and any ‘break’ the developer could achieve would enhance the ‘bottom line’. The problem, however, rests with the number and scope of the exemptions requested; more than 90 separate exemptions were on the table. To make matters worse, the administration had not agreed with many of the exemptions, and despite several months of on-again, off-again discussions, Forest City representatives met with the County Office of Housing and some administrative individuals only on Monday, 5 Oct. to iron out details.
Nevertheless, the County Housing Agency was asked to approve all 90+ exemptions at its scheduled Tuesday meeting. Some of the Council members had not even received the list of exemptions until Monday, had no opportunity to study them in any detail, nor had any chance to ask Department heads for their responses. Further, the Council was told some 20 of the exemptions (not further identified) had been scratched from the list and that at least 8-10 others were still under discussion. Apparently the uncertainty of the situation was no obstacle to a majority of Council members, who despite pleas from the administration to postpone consideration on this issue until the next Housing Agency meeting two weeks hence, felt compelled to move this
measure (all 90+ exemptions) on to full Council with a favorable recommendation.
Council-members Yagong, Ford and Hoffmann tried to bring a modicum of common sense to this absurd situation by requesting a postponement to insure that we knew exactly what we were voting for, but that was pushed aside by the Hilo majority, claiming they were certain that agreement would be found, even if specifics were uncertain and somewhat cloudy.
Why the rush, you might ask? After all Forest City wasn’t going away and ground breaking is months in the future. It seems likely that the threat of a different composition on the County Council in December has generated a fear that perhaps a less developer friendly Council may not view all the exemptions in the same manner as the current body. Whether true or not, the Council has initially passed on a significant list of zoning and sub-division exemptions, against the stated disapproval of the administration, without knowing what was contained on the adjusted list, without awareness of the on-going discussions regarding other proposed exemptions, and without detailed study of the potential impacts to public health and safety.
It’s hard to imagine a more flagrant lapse of legislative responsibility. How can we rationalize this conduct to our constituents? How can we believe we are serving the best interests of the residents of this County? What advantage do we feel is gained by short-changing the process and not permit a two-week delay to insure we know what we are voting for? Traditionally, Council members have stressed the need to work on proposed legislation in Committee before bringing that measure forward to full Council. Why did we abandon our practice on this occasion? I have not experienced a worse example of Council conduct in six years. The people of this County deserve better from their elected representatives.
Finally, where is our Mayor on this issue? I recognize he is reluctant to become involved in Council business and rightly so. But on occasion, there is a need for leadership and direction, particularly when administration officials have yet to agree on the impact various exemptions might have on public health and safety and the precedent it could set for future developments. I’m sorry this opportunity to comment in a positive manner was missed, to the detriment of all involved and County residents.
Commentary submitted by Councilman Pete Hoffmann