HomeMy WebLinkAboutCOM 0352.003 2018-2020 UPC
" n i it T'y r%! COMA-552
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From: Chuck Flaherty
To: Council Testimony
Subject: Planning Committee meeting,7-23-19,Opposing Bill 87 JUL 2 2 AN 11:f 4
Date: Monday,July 22,2019 11:26:01 AM `#
Aloha Madame Chair Kierkiewicz and members of the Planning Committee,
I apologize for not being able to testify in person.
As an individual who was deeply involved in the creation of the Kona Community Development Plan, I am
submitting this written testimony in STRONG OPPOSITION to Bill 87 for the following reasons.
1)These amendments are being proposed because of a lawsuit, Missler v. County of Hawai'i, filed
against the county for approving a development that neighbors believed violated several laws. And
indeed, the court ruled the county had violated the Hawai'i County Code, the county General Plan, the
Kona Community Development Plan, and the county's affirmative duty to protect the public trust.
2)The Planning Director has submitted a statement to the Leeward Planning Commission that says, in
part, ""The County had not previously interpreted that language in the KCDP as being mandatory,...". In
other words, the county openly admits it did not understand the word"shall" is defined as"An order,
promise, requirement, or obligation".
3)The court ruling specifically referred to Section 4.0. of the KCDP, which states "Policies...prescribe how
each objective will be achieved. The policies that use the word"shall" are mandatory directives legally
binding on County agencies. Among the most significant legally binding policies are those presented in
Section 4.2 Land Use."The court found the county did not follow the"shall" mandatory policy directives.
4)The county Planning Director is proposing to change each occurrence of the word "shall" in the KCDP
to"may". This means if the proposed amendments are approved, the mandatory policy directives of the
Kona community developed after hundreds of meetings and thousands of hours of community volunteer
time would become toothless and meaningless.
5) Rather than follow the county and state law, the county is proposing amendments changing law to
undermine the protections our community worked so hard to create and manifest.
6) The solution to the county's legal problem is not to change the KCDP, but to begin to follow the plan
the Kona community worked so hard to create and have approved over 10 years ago.
Please do not undermine the hard work and mandate of the Kona community. Please vote "nay"on Bill
87.
Comm. No. 2•�
Ref. To: p pG
Ref. Date JUL 2 2 2019
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Mahalo,
Charles Flaherty
P O Box 922
Captain Cook HI 96704