REP PC 017 02/21/2007 2006-2008 - Laserfiche WebLink

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Communication 178 Bill 52 Page 3 of 4 Yuen stated that since the council actually passed Bill 51 with a set of amendments, both Bills 51 and 52 should move up to council together. Council Member Brenda Ford asked if Bill 52 passes up to council would Section 4 which relates to chapter 27 have to be revised to include amendments previously made to Bi1151 or, could it be de-linked in some way. Director Yuen said both bills should be kept consistent and that the amendments to chapter 27 that were made to Bill 51 should also be made to Bill 52, otherwise it becomes confusing. Council Chair Hoffmann then suggested eliminating section 4 entirely since subpazagraph "c" of Section 2 requires compliance with the provisions of Chapter 27, Hawaii County Code. Mr. Hoffmann noted that since amendments to chapter 27 were made earlier in Bill 51, there was no reason to include section 4 in Bill 52 as earlier amendments would also apply here and, instead of making the amendments once again that it simply be eliminated from this Bill 52. Director Yuen explained that Section 3 of Bill 52 amends Chapter 25 and requires a site drainage plan for certain types of development. However, it does not set forth specific contents of a site drainage plan, which is actually spelled out in Chapter 27 and administered through section 27- 20. Mr. Yuen noted that in looking at all eventualities, if an insurmountable problem should arise in Chapter 27, there would be no specified content to a site drainage plan. Council Chair Hoffmann noted that in a situation such as that, one would cleazly have to go back to Bill 52, but at the moment, amendments applicable to Chapter 27 were agreed to when Bi1151 was considered. He then proposed a formal motion to delete Section 4 in its entirety from Bill 52. Mr. Hoffmann's motion was seconded by Council Member Jacobson and unanimously approved. Mr. Yuen commented that the Council would be doing a lot of work on flood control as well as Chapter 27 and noted that this pollution control bill (Bill 52) should pass, then later appropriate language could be added to explain what has to be done with respect to a site drainage plan which is not currently provided for in chapter 27. Mr. Yuen noted another change to item number 3 that reads "the site drainage plan under section 27-26A, approved by the Director of Public Works," should be corrected to read Section 27-20 and not " 27-26A." The correction was considered a friendly amendment. PC Report No. 17