HomeMy WebLinkAboutCOM 1201.002 2006-2008
Pete Hoffmann ~y oFk Phone No. Hilo: (808) 961--8027
Council Chair c,°J'~;~ Phone No. Waimea: (808) 887-204
District 9 -North and South Kohala y " ~ ~'I Fax No.: (808) 887-2072
s4 E-Mail; poffmann cr co.hawaii,hi.us
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HAWAI `I C OUNTY C OUNCIL
County of Hawai `i
Hawai `i County Building Holomua Center
25Aupuni Street 64-1067 Mamalahoa Hi'ay, Suite C-5
Hilo, Hawai `i 96720 Waimea, Ha~`i 9674
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TO: Council Members ~ ~ ~
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Hawaii County Council
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FROM: Pete Hoffmann, Council Chair ~ ~
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Date: June 2, 2008
Subject: Proposed Amendment to Bill No. 297 Amending Chapter 16, Hawaii County
Code 1983 (2005 Edition, as Amended), Establishing a Framework for the
Community Development Plans and Establishing the Community Development
Plan (CDP) Action Committee
Please find attached proposed amendments to Bill 297. Bill 297 amends Chapter 16, Hawai `i
County Code 1983 (2005 Edition, as amended), Planning, by incorporating provisions to
establish a framework to adopt and amend the Community Development Plans (CDP) and also to
establish CDP Action Committees .
The proposed amendments intend to clarify certain aspects of the CDP Action Committee's role
and responsibilities as well as correct minor wording as agreed with the Department of Planning.
The proposed amendments are illustrated via Ramseyer format with respect to the contents of
Bill 297, bolded for illustrative purposes, and reads as follows:
1. Amend SECTION 1 to read as follows:
"SECTION l . Purpose. The purposes of this ordinance are: 1) to
establish a framework to adopt and amend the Community Development Plans
and 2) to establish the Community Development Plan (CDP) Action
Committee [ ]that shall succeed each CDP
Steering Committee upon adoption of a community development plan by the
County Council."
2. Amend the contents of SECTION 3 to read as follows:
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Serving the Interests of the People of Our Island
Hawai `i County Is An Equal Opportunity Provider And Employer
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"Article Z. Community Development Plans
Section 16-2. Adoption of community development plans. The community
development plans listed below are adopted and incorporated by reference, A copy of
the plans and amendments shall be available for public inspection at the planning
department.
[ ]
[ l
Section 16-3. ]Review and amendment. A comprehensive
review of the community development plans shall [ '
]commence
within ten (1,0) years, from the date, of adoption."
3. Amend the contents of SECTION 4 to read as follows:
"Article 3. CDP [ " rTinu rn~?~r~~rTT~~] Action Committees
Section 16-4. [ ]CDP Action Committees.
~ [fie] A Community Development Plan (CDP) Action Committee
[ ]shall succeed each CDP Steering Committee upon adoption of a
community development plan.
[ ' ' ]The purpose
of the CDP Action Committee is to be a proactive, community-based steward
of the plan's implementation and update.
~ The Planning Department shall admin ter he CDP Action Committ. ees
a d b_,s=,sible for developing a selection process for committee
me b :rs and establi h n,~rul_f procedure, as needed.
Section 16-5. Membership and ] te, Wore.
(a) The CDP Action Committee shall consist of 9 (nine) members. All members
shall [ ha_,p_ar_y residen_in the area
covered by the CDP. The members shall be appointed by the Mayor and
approved by the County Council. Prior service as a member of [fie] a CDP
steering committee shall not disqualify an individual from serving on the CDP
Action Committee.
(b) The members shall serve staggered terms of four years. Upon the initial
appointment of the committee, [tee] three members shall serve for a term of
[ore] two years, [tee] three members for a term of three years, [fie
and three members for a term of [~~ee] four
years. When the term of a member expires, the member shall continue to serve
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until a successor is appointed. Members whose terms expire may not be
reappointed for at least two years, however, members appointed for one year
or less maybe reappointed for an additional term without the passage of two
years' time.
(c) The membership should reflect a broad cross-section of the community. The
community development plan may specify more detailed selection criteria
consistent with this objective.
(d) A chairperson shall be elected from its membership annually.
(e) [
. .
.J
Except as provided for in this section, the committee shall be governed by the
County Charter, section 13 -4.
Section 16-b. Duties and responsibilities of the CDP action committees.
Th duties d responsibilities of the committee are:
[~a-}] Provide ongoing guidance and advocacy to advance implementation of the
CDP goals, objectives, policies, and actions;
Broaden community awareness of the CDP and build partnerships as
appropriate with governmental and community-based or~an~izati: ons
to_implement CDP policies and actions;
[ .
. ~
T ke into consideration state-wide ob_~ectives and legislation for lon~-
term and sustainable plans for the island as a whole;
[~J ~ Provide timely recommendations to the county on priorities relating to the
county operational budget and the CIP budget and program;
~ Receive [ ' ] briefingsias regues=from the planning department
on pending and approved permit applications involving property located
within the planning area, and on other issues related to the CDP;
~ Receive briefings from other county agencies, as requested, on priority
actions identified in the CDP, which briefings may be integrated and
consolidated by the mayor's office or the planning department into a plan
of action for the forthcoming year and a status report on the current year's
plan of action;
[fig-}] ~ Monitor the progress and effectiveness of the CDP including the need for
CDP revisions based on emerging statewide plans, new technologies,
innovative ideas, or changing conditions;
~ Review and make recommendations on interim amendments to the CDP;
[~i}] ~ Serve as the steering committee, as set forth in the General Plan, in any
comprehensive update of the CDP;
~10~ Provide recommendations to amend the General Plan; a d
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Carry out other duties specified in the CDP a_ r_,in a~reement,with the
Ph~.Dep,a=ent."
4. Those SECTIONS of Bill 297 relating to Ramseyer format, severability clause,
and effective date are proposed to be amended to be renumbered to reflect an error in numbering.
The aforementioned SECTIONS are renumbered from 3, 4, and 5 to 5, 6, and 7.
A draft of Bill 297, Draft 2, is attached with the proposed amendments contained in this
communication incorporated. Bolding has been retained for illustrative purposes.
Last, the language that has been proposed for addition to chapter 16 (contained within
SECTIONS 3 and 4 of Bill 297) has been underlined to clearly indicate amendment to the
County Code. This is in conformance to the severability clause contained within SECTION 5 of
the proposed draft 2 of Bill 297, as currently contained within SECTION 3 in Bill 297.
Thank you.
PH/kf
Att.
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AN ORDINANCE AMENDING CHAPTER 16, HAWAII COUNTY CODE 1983 (2005
EDITION, AS AMENDED), ESTABLISHING A FRAMEWORK FOR THE
COMMUNITY DEVELOPMENT PLANS AND ESTABLISHING THE COMMUNITY
DEVELOPMENT PLAN (CDP) ACTION COMMITTEE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose, The purposes of this ordinance are. 1) to establish a framework to
adopt and amend the Community Development Plans and 2) to establish the Community
Development Plan (CDP) Action Committee that shall succeed each CDP Steering Committee
upon adoption of a community development plan by the County Council.
SECTION 2. Chapter 16, Hawaii County Code 1983 (2005 Edition, as amended), is
amended by grouping the existing sections relating to the General Plan into an article to read as
follows;
"Article 1. General Plan
Section 16-1. The County of Hawaii general plan,
(a) That certain planning code known and designated as "County of Hawaii general plan," as
adopted on December 5,1971, by the council of the County of Hawaii, is hereby adopted by
reference, subject to later amendments by ordinance, and maybe cited as the "general plan,"~
(b) A copy of the general plan and amendments shall be available for public inspection at the
planning department."
SECTION 3. Chapter 16, Hawaii County Code 1983 (2005 Edition, as amended), is
amended by adding a new article to read as follows:
`Article 2. C mmunity Development, Plans
Section 16-2, Adoption of co_,_ity development plans. T_ he .community
development plans listed below are adopted and incorporated by reference. A cop, oy f the
plans and amendments shall be available for public inspection at the planning
department.
Section lb-3. Review and amendment. A comprehensive review of the community
development_plans shall commence within ten (10)years from the date of adoption."
SECTION 4, Chapter 16, Hawaii County Code 1983 (2005 Edition, as amended), is
amended by adding a new article called "CDP Action Committee" to read as follows:
"Article 3. CDP Action Committees
Section 16-4 CDP Action Committees.
~ _ ~s . , . _ . .
~ A Community Development Plan (CDP Action Committee shall succeed
each CDP Steering Committee upon adoption of a communitydevelopment
The~urpose of the CDP Action Committee is to be a proactive, community-
based steward of the plan's implementation and update.
~ The Planning Department shall administer the CDP Action Committees
and.be responsible for developing a selection proces for committee
members and establishing rules of procedure, as needed.
Section lb-5. Membership and tenure.
~ The CDP Action Committee shall consist of 9 nine) members. All members
shall have a primary residence in the area covered by the CDP. The
members shall be appointed by the Ma,Yor and approved by the County
Council. Prior service as a member of a CDP steering committee shall not
disqualify an individual from servin on the CDP Action Committee.
The members shall serve sta~~ered terms of four years, Upon the initial
appointment of the committee three members shall serve for a term of two
Xea~ three members for a term of three_years, and three members for a
term of four years. When the term of a member expires, the member shall
continue to serve until a successor is appointed. Members whose terms expire
may not be reappointed for at least two years, however, members appointed
for one xear or less may be reappointed for an additional term without the
passage of two ,years' time.
~ The membership should reflect a broad cross-section of the community. The
community development plan may specify more detailed selection criteria
consistent with this objective.
.T
A chairperson shall be elected from its membership annually.
Vie) , Except as provided for in this section, the committee shall be o~ verned bathe
County Charter, section 13-4.
Section 16-6. Duties and r,~esp_ons_ i, bilitie of the CDP action committees.
The duties and responsibilities of the committee are:
~1) Provide on oin - guidance and advocacy to advance implementation of the
CDP owls, obj ectives, policies, and actions;
~2) Broaden community awareness of the CDP and build partnerships, as
appro-priate, with ~overnme tal and community-based organizations to
implement CDP polic~a d actin, nsi
~3) _ Take into consideration state-wide ob.iectives and legislation for lon~-
term and sustainable_pla., nsfor the island as a whole;
~4) ,Provide timely recommendations to the county on priorities relatin tg o the
county operational budget and the CIP bud eg t and program;
~5) Receive briefin sg , as requested, from the planning department on pending
and appr~ved_permit applications involvingproperty located within the
plannin ,area, and on other issues related to the CDP;
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~6~ Receive briefings from other countX agencies, as requested, on prioritX
actions identified in the CDP which. briefings maybe integrated and
consolidated by the mayor's office or the plannin , dep_ artment into a plan of
action for the forthcoming~ar and a status report on the current , e~, ar's plan
o action,
~7) Monitor the progress and effectiveness of the CDP includin the need for
CDP revisions based on emer . ing statewide plans new technologies
innovative ideas, or changing_conditions;
(8) Review and make recommendations on interim amendments to the CDP;
~9) Serve as the steering committee, as set forth in the General Plan, in anX
comprehensive update of the CDP;,
X10) Provide recommendations to amend the General Plan= and
X11) Carry out other duties specified in the CDP andlor in agreement with the
Pl_ in~rtment."
SECTION 5. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 6. If any provision of this ordinance or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not affect other provisions or applications
of the ordinance that can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are declared to be severable.
SECTION 7. This ordinance shall take effect upon its approval.
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