REP PC 106 08/21/2006 2004-2006 - Laserfiche WebLink

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Communication 998 Bi11318 Page 2 of 5 At the August 21, 2006 Committee on Planning meeting public testimony in support of Bill 318 was presented by Bob Hunter and Margaret Willie at the Waimea Council office. At the Kona Council office, public testimony in support of Bill 318 was presented by Brenda Ford. Committee Vice Chair Hoffmann noted that Section 25-2-43 provides that council-initiated changes to the code must be approved as a committee and then moved and referred to the Planning Director and Commission for comments and recommendations. Mc Hoffmann asked to amend Ms. Isbell's motion or have Ms. Isbell withdraw her motion, then moved to approve Bi11318 and refer it to the Director and Commission. Ms. Isbell accepted the motion, however stated she wanted to have discussions on it. Committee Chair Pilago raised his concern that prior to actually referring the matter, the Committee is in fact going to read and discuss this and noted that the motion on the floor, not yet referred or discussed, if moved for approval, will break the sequence of events that must occur. Deputy Corporation Counsel Amy Self noted she didn't think the Code says the bill can't be discussed, however it does state it has to be referred to the Director and Commission. Committee Chair Pilago noted that as the Chair he is willing to discuss the bill but at some point within the discussion there has to be a motion to refer and the committee should not be voting it up or down since part of the code rule states council-initiated amendments shall be referred prior to first reading. Mr. Hoffmann stated this matter is in committee and not at first reading, and that there is a distinction between Committee and Council. He said the idea is to approve Bill 318 and then refer it to the Director and the Commission. Ms. Isbell said she did not support this as it didn't seem that the committee would refer something to the Planning Duector and Commission that it did not approve of Ms. Isbell noted Bill 318 as well as Bill 319 only provide for transportation and water and doesn't address anything else, while her adequate public facilities ordinance is a much more comprehensive ordinance and suggested Mr. Yuen look at what she and the department have already been working on. Director Yuen stated that generally he would prefer to work with council members on a comprehensive ordinance beforehand and would be happy to take Bill 318 and BiI1319 as a "vehicle" and recommend changes during the course of the department's review. Mr. Yuen said with respect to timeframe, this bill represents a major change to the zoning process and as such, is not something that can be done in a short period of time. Committee Chair Pilago received clarification from staff that the stated motion was to "close file on communication 998 and recommend passage of Bill 318, first reading." Mr. Pilago said therein lies his concern since the committee is not discussing a referral It was then moved by Council Member Jacobson (and seconded) to amend the motion to include a referral to the Planning Director and Commission. (Recess called). Discussion to the amendment restuned with Council Chair Higa stating he would not speak on the amendment with the understanding that he could return to the main motion as Mr. Higa felt the proper motion would have been just for a referral to the Director and Commission and not included with the motion to approve to which Mr. Jacobson attached his amendment to refer. Mr. Higa then called for the question which was unanimously passed. Mr. Jacobson's amendment to refer was defeated and discussion then resumed on the main motion. PC REPORT NO. 106