RES 114 Draft 01 2012-2014 - Laserfiche WebLink

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WHEREAS, the Council believes that the Court appropriately determined that the Planning Director and the County of Hawai`i Board of Appeals may not defer the public resources trust doctrine responsibility to another agency or to a future date; and WHEREAS, the Council believes that the Court appropriately determined that the Planning Director and the Board of Appeals are required to apply and enforce all relevant ordinances and regulations, including the Hawai`i County General Plan and the corresponding Community Development Plan (here the Kona Community Development Plan), with regard to the proposed Planned Unit Development at issue in this case; and WHEREAS, pursuant to Section 3-1 of the Hawai`i County Charter, the primary function of the Council "...shall be legislation and public policy formulation, as distinct and separate from the executive administration of county government."; and WHEREAS, the County Council is therefore the policy making body of the County; and WHEREAS, the Planning Director in her official role is an officer of the County; and WHEREAS, the Board of Appeals is an agency of the County; and WHEREAS, an article appearing in the May 1, 2013, edition of the West Hawai`i Today states that a deputy corporation counsel said the"county intends to appeal the ruling" in the above referenced case; and WHEREAS, the Council believes that the County should accept Circuit Court Judge Ibarra's decision as an appropriate interpretation of the law in this case; and WHEREAS, absent the approval of the County Council, the Office of Corporation Counsel is not authorized to appeal the subject decision of Circuit Court Judge Ibarra; now, therefore, 2