HomeMy WebLinkAboutCOM 0352.017 2018-2020 PleDuNCL
COMM. 352
MICHAEL J. MATSUKAWA TY OF HWS
75-5751 Kuakini Highway, Room 201 2019,
13 PH 26
Kailua-Kona, Hawaii 96740 '
Telephone 345-0084
County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: Bill 87 Amending the Kona CDP Ordinance
Public Testimony for County Council Hearing
Dear Clerk:
Enclosed is my testimony on Bill 87, specifically as it
pertains to Policy ENV-1 . 5 set forth in Exhibit that is attached
to the bill. Please distribute copies to the council members
and to other interested parties.
Thank you.
Re ectfully,
�G
Michael J. Matsukawa
Comm. No.
Ref.7o• P�UhGI
Ref.Dc" ,AUG 2 9 2Q1g_..
Testimony of
Michael J. Matsukawa
on the
Proposed Amendments to the Kona CDP Ordinance
Bill 87, Policy ENV-1.S
If the county council intends to approve Bill 87, the council should not
amend Policy ENV-1.5 and should instead leave this policy provision as it is
currently published, without amendment.
When the county council enacted the Kona CDP Ordinance in 2008, the
county council undertook the responsibility to enact further implementing
ordinances for the ordinance's key financing and infrastructure provisions over
time. More than ten years have passed and it is clear that the county council no
longer supports the Kona CDP's key financing and road infrastructure proposals
and does not want to work on ordinances to implement the same.
As for the proposed amendment to Policy ENV-1.5 dealing with "sensitive
resources," planning officials have not advised the county council on the effect that
Section 13-24 of the County Charter (enacted in 20 10) has in undergirding Policy
ENV-1.5 with a mandate from the voters that states:
For the benefit of present and future generations, the county shall
conserve and protect HawaiTs natural beauty and all natural and cultural
resources, including but not limited to land, water, air, minerals, energy sources,
wahi pans, surf spots, historic sites, and historic structures, and shall promote
the development and utilization of these resources in a manner consistent with
their conservation and furtherance of the self-sufficiency of the county. ***
County voters, by their 2010 mandate, compelled all county officials,
including county councilmembers, to ensure that the county's ordinances and
regulations implement the voters' mandate. "Shall" means "shall." Nonetheless,
you are being advised to amend Policy ENV-1.5 in a manner that ignores the
voters' mandate and that gives planning officials discretion to waive the voters'
mandate. The proposed amendment states: