HomeMy WebLinkAboutCOM 0351.010 2016-2018 CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
cam.) C
121 WAIANUENUE AVENUE CD
P.O.Box 686
HILo,HAWAII 96721-0686 vC ,;
TELEPHONE 808.935.6644 FAx 808.935.7975 -<
WWW.CARLSMITH.COM c)
"
rri
KGARSON@CARLSMITH.COM
September 19, 2017
VIA EMAIL TRANSMISSION AND HAND DELIVERY
Honorable Valerie T. Poindexter, Chairwoman
Hawaii County Council
County of Hawai'i
25 Aupuni Street
Hilo, Hawaii 96720
Re: Bill 52; Ka`u Community Development Plan
Dear Chairwoman Poindexter and members of the Hawaii County Council:
As mentioned previously, Carlsmith Ball LLP represents a number of clients that own
properties within the Ka'u Community Development Plan("Ka`u CDP") area. It is our
understanding that an amendment is being proposed to Bill 52, which seeks to clarify that all
statements of policy contained in the Ka`u CDP, including policy controls, do not constitute
automatic amendments to existing codes or rules. This is an important point to clarify, as it was
with this intent that the Windward Planning Commission recommended approval of the Ka`u
CDP. It is also important to clarify what the Ka`u CDP does and does not do for those who own
property in the Ka'u CDP area.
It is fundamentally unfair for a document such as the Ka`u CDP, which was always
intended to be a policy document, to contain changes to laws and rules (as opposed to
establishing policy) without complying with the laws that provide notice and opportunity to be
heard by the public. For example, Hawaii Revised Statutes, Chapter 91, contains specific
requirements for the adoption and repeal of rules. Obviously, this process was not required
during the discussions of the Ka'u CDP thus far.
Additionally, with respect to whether a bill can incorporate a document which contains
amendments to existing codes, the Hawaii County Charter is clear that "a bill may incorporate
therein any standard technical code or portions thereof by reference". See Section 3-10 of the
Hawaii County Charter (2016). The Ka`u CDP is not a "technical code". The Ka'u CDP is not
written like a law. It is a planning tool. Therefore, it cannot incorporate an amendment to any
code or law.
3S,1
Corm No.
Ref. T®:
Ref. Date SEP 2 Q 2Qtp
HONOLULU • HILO • KONA • MAUI • Los ANGELES
4828-6304-4432.2
Honorable Valerie T. Poindexter, Chairwoman
September 19, 2017
Page 2
Based on the above, an amendment to Bill 52 to clarify the above is necessary.
Sincerely,
Katherine A. Garson
cc: Corporation Counsel
4828-6304-44322
1