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<br /> Communication 998 <br /> <br /> Bill 318 <br /> Page 3 of 5 <br /> Postponement and method of referral was then discussed which Deputy County Clerk Bill Smith noted that <br /> postponement to a time certain would be in order. <br /> Committee Chair Pilago clarified that initially there was a motion to approve, an amendment to refer, and <br /> then a call for the question to refer. The call for the question to refer passed, however, the amendment to <br /> refer failed. Mr. Pilago questioned whether a conflict in parliamentary procedure existed since it did not <br /> appear proper for something that was not passed to be brought up again with slight adjustments (i.e. to <br /> postpone to a date certain and/or to refer to Planning Commission.) <br /> County Clerk Connie Kiriu stated it is cleaz in law of the zoning code that the Council needs to refer to the <br /> director and commission and somehow the committee must get to that point. Mr. Higa withdrew and restated <br /> his motion as follows: to postpone and refer this bill to the Planning Director and Planning Commission with <br /> a time sensitive date of one year. Ms. Kiriu stated Mr.Higa's motion was pazliamentarily correct. Mr. Higa <br /> clarified his motion was to postpone and refer Bill 318 to the Planning Director and Planning Commission for <br /> a period of up to one yeaz. Mr. Safarik stated he would vote in favor of Mr. Higa's motion if the word <br /> postpone was taken out and be just a referral. Ms. Kiriu restated the motion as follows: motion to refer or <br /> commit the bill to the Planning Director and Planning Commission for its comments and recommendation <br /> as set forth in the county code. It was so moved and seconded. <br /> Committee Vice Chair Hoffmann stated that it was his understanding that whether or not the bill was <br /> approved, it would go to the Council, who would then refer it to Planning Director and Planning Commission. <br /> However, Ms. Kiriu stated that if the bill failed and moved to council with a negative recommendation, it <br /> would not go forwazd and referred to the Planning Director and Planning Commission because the council <br /> itself had determined it was something it did not want to act on. Thus, the bill would be filed and not taken <br /> through the review process. Mr. Hoffinann stated we have a motion already on the floor to approve this bill, <br /> we tried to amend it once and that failed, now we have another motion on the floor to refer directly to the <br /> Planning Director and the Planning Commission under the teens of 25-2-43. He questioned whether the <br /> committee was still in the right doing it in this manner. Committee Chair granted County Clerk Kiriu's <br /> request for a short recess. <br /> In answer to Mr. Hoffmann's question Ms. Kiriu stated that in discussions with Corporation Counsel (Ms. <br /> Self and Ms. Leithead-Todd), it was determined it is the council who must initiate and therefore the motion to <br /> refer to the Planning Director and Planning Commission would go forward in a committee report that would <br /> state to the council that the Committee recommends the bill be referred to the Planning Drrector and the <br /> Planning Commission. The Council would then take action on it and, if the Council decides in favor of <br /> referral, it moves forward and later comes back to the Planning Committee with comments and <br /> recommendations of the Director and Commission. <br /> Ms. Kiriu stated the bill can be discussed in committee right now, and amendments made, however she said <br /> one has to be certain and careful that bill that goes forward is what you want. Ms. Kiriu explained when the <br /> bill comes back to the council it would have completed the process of public input and, although the council <br /> could make further amendments to the bill, it cannot go beyond certain parameters, substantively. Ms. Kiriu <br /> stated that under these circmnstances, ultimately, the motion is to forwazd to the full council and for the <br /> council to make the rcferral to the Director and Commission. <br /> Council Vice Chair Isbell stated that this was not a simple referral. It is a bill which she cannot support and <br /> in her estimation does not know why the committee is even talking about a bill that is flawed to begin with. <br /> PC REPORT NO. 106 <br /> <br />