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AU: Any questions for staff? No? Seeing none, okay. Well, if there's anybody that wants to speak <br /> on Bill 91 please come forward. <br /> COTTLE: Two. <br /> AU: I'm sorry, 2, 291. Okay, Mr. Fuke is actually a testifier. But what I was getting at is if anybody <br /> who authored the bill wants to come testify or talk about it. <br /> FUKE: Oh, I'm sorry. <br /> AU: But Mr. Fuke since you're already there, you can stay there. And if our Madam Director would <br /> like to elaborate on her proposed bill,before we go into public testimony? <br /> LEITHEAD TODD: No. <br /> AU: Okay, well then we'll just go into public testimony. Please raise your right hand. Do you swear <br /> to, do you swear and affirm to tell the truth in front of the Hawai`i County Planning Commission <br /> today? <br /> FUKE: I do. <br /> AU: Okay. Please state your name, where you reside, and you have three minutes. <br /> FUKE: Sure. Good morning, Mr. Chairivan and Members of the Commission, Happy New Year. My <br /> name is Sidney Fuke. I'm a planning consultant. And my business address is 100 Pauahi Street, <br /> which is located directly across of this building. <br /> On this matter, I think that the purported concept that the bill is proposing,which is Councilman <br /> Hoffman's bill, is commendable, which is to enable more public input. The recommendation of the <br /> Planning Director is much more appropriate. Very briefly, the reasons are two-fold. One is that it's an <br /> appropriate separation of functions between the legislative branch and the executive branch; and, <br /> secondly, it's a question of efficiency. <br /> First as it relates to the separation of functions between the legislative branch, we know that the <br /> legislature or in this case the County Council, it establishes and adopts the policies. And once these <br /> policies are established then it becomes the responsibility of the executive branch,be it the Planning <br /> Department or the Public Works Department, to implement and administer them. In this case, the <br /> County Council adopted the Zoning and the Subdivision Codes and amendments, such as rezoning for <br /> example. These Codes establish standards for subdivision and zoning, such as roadway width, water, <br /> height, lot size, setback and such. To use an old cliche, however, because"one size does not fit all," a <br /> process - such as the variance or PUD - to allow relief by the Planning Director from these standards <br /> was created. Further, notification to surrounding property owners, notices in the newspaper, posting of <br /> a sign on the property were also required to better enable the public to weigh in on the request, as the <br /> staff had kind of pointed out. <br /> 4 <br />