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MIN CHC 1990-04-09
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MIN CHC 1990-04-09
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4/9/2018 4:21:09 PM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1990
Meeting date
4/9/1990
Type
MIN
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AGE CHC 1990-04-09
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\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
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Mizuno/ Finance. Bethea: Mizuno/Finance said <br /> Honolulu had 300+ budget items compared with our <br /> 1 , 000+. <br /> Cushnie: Someone had questioned whether items in <br /> Section 10-14 (c) (1)-(5) , should read as if they were <br /> separated by an "and" or by an "or. " Yuen: It ' s <br /> clearly an "or. " <br /> IX. AGENDA ITEM NO. 9 : Initiative and Referendum <br /> MOTION NO. 8: Poppe: Says two different items need <br /> to appear on the ballot: One: Section 11-2 which was <br /> previously deleted needs to be reinstated as it read <br /> in the previous Charter , as it pertains to financial <br /> matters ; motion seconded by Ms. Cushnie. All were in <br /> favor. Motion carried. <br /> Poppe: Second , need to decide whether or not to have <br /> initiative on land use matters. Yuen: Legal <br /> arguments had been made that the property tax rate <br /> must be set by Council , not by initiative; but that <br /> this , and the applicability of initiative to other <br /> financial matters, was an open question on which I <br /> could not give a firm legal opinion. <br /> Cushnie: Does allowing initiative on fiscal matters <br /> affect the County' s bond rating? Yuen: Not sure. <br /> Bethea: If the county mandated something, then it <br /> would have to be followed. Yuen: Present position re <br /> land use is that the state law does not permit <br /> counties to use initiative to effect zoning. If <br /> changed, it could be used for zoning. <br /> MOTION NO. 9 : Poppe: Have a Section 11-2(b) which <br /> would limit the powers of initiative and referendum to <br /> NOT include land use planning and zoning matters ; <br /> seconded by Mr. Greenwell . All in favor. <br /> Cushnie: Not sure of wording. Is it land use, <br /> planning and zoning OR land use planning and zoning? <br /> Poppe: Would leave wording up to Mr. Yuen. Yuen: If <br /> this proposal is defeated, Charter remains same as it <br /> is now; you cannot use initiative for zoning unless <br /> state law changes. <br /> Cushnie: Questioned whether or not Kauai passed <br /> initiative and referendum law. Yuen: Yes , Kauai and <br /> Hawaii County, and I think the other counties , had <br /> passed resolutions calling on the state Legislature to <br /> amend the law to make zoning subject to initiative. <br /> 853 <br />
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