Reproduced with the permission of the Lahaina News, 11/2/97:
WAILUKU -- The issue of whether an independent counsel should advise the Maui Planning Commission concerning an application for a time share at North Beach will be taken up by the full Maui County Council.
Members of the council's Committee of the Whole discussed the matter at a meeting on Monday, before forwarding it to the entire council for discussion.
At issue is a option to purchase agreement signed between the county administration and Kaanapali Ocean Resort in September.
The agreement has county employees -- including county attorneys -- supporting KOR's plans for a 280-unit time share at North Beach before the Planning Commission and other bodies.
KOR has applied to the Planning Commission for a county Special Management Area Permit to build the time share next to Kahekili Park in Kaanapali.
In turn, if the project is approved, the county will be able to buy more than 30 acres of land at the Honokowai end of North Beach at a substantial discount.
Committee Chair
Nishiki is concerned that under the agreement, county Corporation Counsel lawyers must
support the developers, instead of offering unbiased advice.
During the meeting, Corporation Counsel J.P. Schmidt reaffirmed that the agreement does not represent a conflict of interest for county attorneys, which he outlined in an Oct. 31 letter to the council.
JoAnne Johnson and other speakers said the public perceives the agreement creates a conflict of interest, so an independent counsel should be hired to dispel any doubts.
Union members said they need jobs from the time share project, and council deliberations may delay the permitting process.
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