HomeMy WebLinkAboutCOM 0267.006 1996-1998 +tVWF
Stephen K. Yamashiro W,~ Richard Wurdeman
Mayor ; Corporation Counsel
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OFFICE OF THE CORPORATION COUNSEL
10I Aupuni Street, Sui[e 325 • Hilo Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961.8622
December 17, 1997
The Honorable James Y. Arakaki
Chairman, County Council n c-- _
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County of Hawaii c
25 Aupuni Street
Hilo, Hawaii 96720
Dear Mr. Arakaki: -
Re: Resolution No. 184-97: Adopts Hawaiian Paradise Park Community Iylaster~lan
as a planning euide for the County of Hawaii
This is in response to your inquiry on the adoption by resolution of the Hawaiian Paradise
Park Community Master Plan. Apparently the Council was advised that the plan does not have
the force and effect of law since it was being adopted by resolution. You have asked for a
written opinion to confirm or clarify this statement.
According to §3-8 of the Hawaii County Charter, "[n]on-legislative acts of the council
may be by resolution and, except as otherwise provided by law, no resolution shall have the force
and effect of law." Since the Hawaiian Paradise Park Community Master Plan was adopted by
resolution, we view it as a statement of policy of the council but not as a having binding effect on
the subjects which it addresses.
According to the transcript of proceedings which you enclosed with your inquiry, some
council members were concerned as to whether there would need to be further action and public
input before any land use changes were made. Our reply is that the usual procedures for land use
changes would need to be followed since this resolution is not effective to make any such
changes. If general plan amendments and zoning changes are necessary to bring about the
concepts set forth in this plan, then the changes would have to be processed through the planning
commission and then the council in the usual fashion. -7 /
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DEC 1 s 1991
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The Honoralbe James Y. Arakaki
Page 2
December 17, 1997
If you have any further questions, please let me know.
Sincerely,
RICHARD D. WURDEMAN
Corporation Counsel
PATRICIA K. O'TOOLE
Deputy Corporation Counsel
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