UPDATE 8/1/13.Â THE COMMITTEE DECIDED TO TABLE ALL 3 ITEMS OF CONCERN. While we are pleased with that decision on PC 15, we had hoped the Committee would go forward with the other two after properly modifying them.
(July 29,2013)Â Â This Thursday (8/1/13) at 9:00 AM South Maui Council Member Couch’s Planning Committee (MCPC) has scheduled to hear a series ofÂ six bills.Â Â http://www.co.maui.hi.us/Calendar.aspx?EID=5408 Â Your Association is submitting testimony on three of them, PC 15, PC 9 and PC 11. Since the MCPC schedule conflicts with KCA’s announced BOD meeting set for that same day, we will submit written testimony.
PC 15 concerns chairmanship of the Community Plan Advisory Committee:Â “The purpose of the proposed bill is to give the Mayor the authority to select and remove the chairs of each general plan advisory committee and each community plan advisory committee, subject to the approval of Council.” Since the Council and mayor already determine who will sit on these committees which are all volunteer, we feel the volunteer group should continue to select their own chair. This is the community’s own committee. Giving the administration this power in cooperation with the legislators removes even more power from the community.
PC 11 concerns State Land Use Boundary Amendments.Â “Â The purpose of the proposed bill is to require the Department of Planning to transmit a quarterly report to the Council on any unfulfilled conditions of State Land Use District Boundary amendments as required by Section 19.68.040, Maui County Code, within a maximum of three years if no time limitation is established by the Council.”Â KCA believes it may be well-intended and even be a good management concept as long as it isÂ clearly stated that any failure to identify a shortfall does not waive the right of enforcement. Further KCA believes 3 years is too long a time, & would prefer this modified to one year.Â The measure needs to clarify that such reports are management reports only and will not act to bar any private or public right of action.
PC 9 is somewhat similar to Â PC 11 above, but requires notification to the Council of unfulfilled conditions of Maui County zoning. “The purpose of the proposed bill is to require the Department of Planning to transmit a quarterly report to the Council on any unfulfilled conditions of zoning provisions as required by Section 19.510.050, Maui County Code, within the specified time limitations.” KCA takes a similar position on this one, in that billÂ needs to state failure of required action does not waive the right to enforce zoning conditions in any way, and there is no time limit to enforce zoning codes.
Your Association encourages everyone to offer testimony on these bills and on any matters of concern. If submitting written testimony to this committee send to firstname.lastname@example.orgÂ at least 24 hours before meeting time of 9:00 AM on 8/1/13, or attend the meeting in person on the 8th floor in Council Chambers in Wailuku.