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HomeMy WebLinkAboutCOM 0877.001 2012-2014BRENDA J. FORD Council Member District 6 - Portion of N. Kona, South Kona, Ka`u, & the Greater Volcano Area Phone: (808) 323-4277 Fax: (808)329-4786 E -Mail: bford(aco.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawaii 96740 o c') .Cm o c-) May 12, 2014 N -� TO: J Yoshimoto, Chairperson And Members of the Hawaii County Council ti99,� Dx FROM: Brenda J. Ford, Council Member SUBJECT: Proposed Amendment to Bill No. 254, AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE 11 OF THE HAWAII COUNTY CHARTER (2012 EDITION), BY ADDING A NEW SECTION RELATING TO THE RESPONSIBILITIES OF THE COUNTY. Please find attached a proposed amendment to Bill No. 254. The proposed amendment is illustrated below by Ramseyer format (material to be deleted is bracketed and stricken; material to be added is underscored; all bolded for emphasis only). Bill No. 254 is amended by amending subsection (c) of Section 2-3 to read as follows: "(c) It is the affirmative duty of any agency and the council to adhere to the Public Trust Natural Resources Doctrine and protect natural beauty, [and] natural resources, and cultural resources as defined in Section 13-29 by applying the precautionary principle in decision-making." Attached please find a clean copy of Bill No. 254, Draft 2, with the proposed amendment inserted. BF/dkr/la Att. Serving the Interests of the People of Our Island Hawai `i County Is An Equal Opportunity Provider And Emplover Comm. No %T7.1 Raf. To• P Ro£ Dato AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE II OF THE HAWAII COUNTY CHARTER (2012 EDITION), BY ADDING A NEW SECTION RELATING TO THE RESPONSIBILITIES OF THE COUNTY. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Article II of the Hawaii County Charter (2012 Edition), is amended to read as follows: "ARTICLE II POWERS AND RESPONSIBILITIES OF THE COUNTY Section 2-1. Powers of the County. The county shall have all powers possible under the constitution and laws of the State of Hawaii, including all powers now or hereafter given by such constitution or laws, and all other powers not prohibited by such constitution or by this charter. The county shall have such powers as fully and completely as though specifically enumerated in this charter, and no enumeration of powers in this charter shall be deemed exclusive or restrictive. Section 2-2. Exercise of Powers. All powers of the county shall be carried into execution as provided by this charter or, if the charter makes no provision, by ordinance or resolution of the county council. Section 2-3. Responsibilities of the County. (a) As used in this section, unless the context clearly requires otherwise: "Precautionary principle" means that if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific consensus that the action or policy is not harmful, the burden of proof that it is not harmful falls on those taking the action. "Public Trust Natural Resources Doctrine" means the principle of conservation and protection of Hawai`i's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and the promotion of developing and utilizing these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State for the benefit of present and future generations, as provided in Article XI, Section 1 of the Hawaii State Constitution. It is the affirmative duty of any gency and the council to protect the public health, safety, and welfare. It is the affirmative duty of any gency and the council to adhere to the Public Trust Natural Resources Doctrine and protect natural beauty, natural resources, and cultural resources as defined in Section 13-29 by applying the precautionary principle in decision-making_ Applicants for any change of zoning district, variance, exemption, or permit shall provide full disclosure of all facts pertaining to the protection of public health, safety, and welfare and conformance with the Public Trust Natural Resources Doctrine. Any form or application furnished by any agency or the council for the purpose of a change of zoning district, a variance or exemption from an ordinance or rule, or a granting of a permit as required by ordinance or rule shall include requests for information sufficient to determine that the applicant will not compromise the public health, safety, and welfare of the County and will conform with the Public Trust Natural Resources Doctrine." SECTION 2. New charter material is underscored. When revising, compiling, or printing these charter provisions for inclusion in the Charter of the County of Hawaii, the reviser need not include the underscoring. SECTION 3. 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, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 4. Upon adoption of this ordinance, this council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawaii County for approval in the 2014 general election. SECTION 5. The charter amendment proposed in this ordinance shall take effect upon its approval by a majority of voters voting on this legislation in the 2014 general election, as duly certified.