HomeMy WebLinkAboutCOMM. 021 Frankel, DK - Proposed AmendmentsFrom: David Kimo Frankel [mailto:davidkimofrankel@hawaiiantel.net]
Sent: Sunday, June 28, 2009 4:42 PM
To: Karen Eoff; keoff@co.hawaii.hi.us
Subject: Charter Commission Proposals
When the County Charter was first created, the framers obviously did not
think that the County played an important role in the protection of our
island's natural and cultural resources. The Hawai`i Supreme Court's
decision in Kelly v. Oceanside (as well as the 2% land fund initiative and
public vote) put that archaic notion to a rest. Unfortunately, the County
Charter fails to include an article that includes sections that highlight the
government's role in the protection of these resources. With that in mind, I
am submitting the following specific proposals for the Commission's
consideration.
1.
In rendering any decision, the county shall protect Native Hawaiian rights as
well as Hawaii's surfsites, beaches, natural beauty, and other natural
resources for future generations to enjoy.
2.
No one may serve on the planning commission or board of appeals who:
a) works as a developer, architect, builder, supplier of building materials,
real estate broker or agent, or who generates any material income from or
with respect to real estate transactions or development;
b) receives or has during the previous two years received, a significant
portion of the person's income directly or indirectly from permit holders or
applicants for approvals from the planning commission; provided that for the
purposes of this section, no agency or board, of the State or county shall be
considered a permit holder or applicant; or
c) has a fiduciary duty to an entity which has business before the planning
commission or board of appeals.
3.
No land use or development application may be automatically approved by
operation of law.
4.
Any decision to rezone or allow urban uses of agricultural lands shall
require an affirmative vote of at least two-thirds of the entire membership
of the body making the decision.
5.
Land zoned as agricultural shall not be subdivided into more than fifteen
lots.
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David Kimo Frankel
P.O Box 1185
Volcano, HI 96785
(808) 985-8822
COMM. 21