HomeMy WebLinkAboutCOM 0263.001 2020-2022 PC
June 2, 2021
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Planning Committee COUNTY CLERKI
Hawai'i County Council COUNTY OF HAWAIII
RECEIVED
101 Aupuni St, Ste 3
Time
2:iq
Hilo HI 96720 i
Date AY l 2021
Re: Communication 263
f�
Aloha Madame Chair and members of the Planning Committee,
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I have the following comments pertaining to Communication 263.
Sections 13-4 of the County Charter state the requirements for the nomination, selection, terms
of service, filling vacancies, etc. for members of county boards and commissions.
The language in the Charter makes it clear that legislative intent was to ensure that all boards and
commissions have all positions filled at all times and vacancies filled in a timely manner_ It
states that:
- members may serve beyond their terms for 90 days or until a new successor is confirmed,
whichever comes first.,
- any vacancy shall be filled for the unexpired term,
- and requires the county council to act to confirm or reject a nominee within 45 days of
receiving a notice of appointment by the mayor.
There is no provision within the county charter or the county code which allows the mayor to
delay filling vacancies on county boards and commissions. On the contrary, since the County of
Hawai'i was established in 1905, its laws have had the clear intent to have all boards and
commissions at full capacity and fully functioning.
There is no provision that allows any new department head, such as Planning Director Kern, to
delay the nomination of individuals to board and commissions "to get the house in order",to
make boards or commissions "more actionable", "to make adjustments", "to gather information",
"to collect data", or "to get it squared away".
During his discussions about the CDP Action Committees, Director Kern stated the draft revised
General Plan would begin to be circulated to the Actions Committees, Planning Commissions,
and the county council.
The General Plan revised and adopted in 2005 was based upon the original wording,
organization and format of the previous General Plan revised and adopted in 1989. This allowed
for the 2005 draft revision to be presented in Ramseyer format that allowed the general public to
see what revisions were being proposed. The draft revised General Plan published on the county
of Hawai'i website is not a proposed revision of the existing General Plan, but is instead a
complete rewrite without any information to allow the general public or any reader to determine
what changes have been made.
40 Comm.
Ref. o: R/
Ref. ate JUN 2021
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Therefore, the current draft General Plan is not a revision of the prior plan, but represents a
complete "gut and replace" of the existing General Plan.
The legality of this proposed General Plan is highly questionable, especially in light of the fact
the community development plans used the 2005 General Plan as a reference in the process of
drafting these ordinances.
Mahalo nui loa for your good work and best wishes,
Chuck Flaherty
Captain Cook HI 96704
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