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HomeMy WebLinkAboutCOM 1201.003 2006-2008 CARLSMITH BALL LLP A LIMITED LIABILITY LAW PARTNERSHIP 121 WAIANUENUE AVENUE P.O. Box 686 HILO, HAWAII 96721-0686 TELEPHONE 808.935.6644 FAx 808.935.7975 W W W.CARLSMrM.COM SL IMCO)CARLSMITH.COM June 2, 2008 HAND DELIVERY Casey Jarman, County Clerk Hawaii County Council Pete Hoffmann, Chairman and Members Hawaii County Council 666 Kilauea Avenue Hilo, Hawaii 96720 Re: Bill 297, 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 Dear Madame Clerk, Chairman and Councilmembers: It is premature for the Hawaii County Council to be deliberating on Bill No. 297 because it has not yet been before the Planning Commission. Because the Hawaii County Charter mandates the Planning Commission's review of any proposed amendment to the General Plan, we ask that the Council forward Bill No. 297 for the Planning Commission's review and recommendation prior to taking further Council action on Bill No. 297. Bill No. 297 seeks to amend Chapter 16 of the Hawaii County Code (the County of Hawaii General Plan). Therefore Bill No. 297 must be presented to the Planning Commission prior to being presented to the County Council. Under Section 6-4.3(b) of the Hawaii County Charter, the Planning Commission must: Review the general plan, its amendments and other plans and modifications thereof and transmit such plans with recommendations thereon through the mayor to the council for consideration and action. We understand that Bill No. 297 has not been presented to the Planning Commission, but is already agendized for first reading at the June 3, 2008 Council meeting. Under the Charter the Gomm TReo~hseld~ii~wi~, J Ref. Dote 2flD8 HONOLULU KAPOLEI HILO KONA MAUI GUAM SAIPAN 0~71~Gt?CES Casey Jarman, County Clerk June 2, 2008 Page 2 Council may not take action on Bill No. 297 at this time, but must forward it for Planning Commission review and recommendation. The Council and the Planning Director both have the authority to initiate amendments to the General Plan. See Charter Section 3-15(c). However, the Planning Commission must review any such proposed amendments and conduct properly noticed public hearings on same. Id. at Section 6-4.3 (b), (d). See also Planning Commission Rules 5-5 (addressing the Planning Commission's role in the event of an interim amendment to the General Plan). Bill No. 297 must be presented to the Planning Commission prior to being presented to the Council for deliberation. Failure to present Bill No. 297 to the Planning Commission prior to Council action is a de facto attempt to amend the Charter without proper notice or procedure. We therefore respectfully request that the County Council forward Bill No. 297 to the Planning Commission for public hearings and Planning Commission review and consideration. Respectfully, even S.C. Lim SSUslkl 4831-8379-3410.2