2023-06-02 DRAFT Joint Meeting Exh B (Proposed Amendments to PC Rules 8 & 9)

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KERN: Perfect. JACKSON: —read it. If you could,just give us a moment. So, Tracie is going to share screen of what Act 16 proposed. So, what you'll see is the existing law and then the underlined language is what Act 16 added. So, then you'll get to see what the existing law has been with what's already been in our rules for several years and then the change that was done by Act 16. Just to answer the question on how frequent are these. I've been in the department for 16 years and I have not personally seen a shoreline setback variance waived hearing and I've worked in SMA probably about 4 or 5 of those years. So, they're very infrequent. DEFRANCO: You can't really give us an example of when they would do something like that. What would prompt them to do that. KERN: Sure, let's say — DEFRANCO: [indecipherable] seeing it done. KERN: — let's say that there's a hurricane, cliff starting to completely erode and fall into the ocean where there needs to be an emergency situation occurring. DEFRANCO: Okay, so it's like an emergency situation with these because you'd have to act right now that it wouldn't be put out there to the public and — KERN: Correct. I mean, I just want to make a statement. It's a little bit, I would say challenging in a polite way that there's basically an insinuation that the Department doesn't honor the public hearing process. For example, we are not required to host Zoom. It's not a requirement. That is a choice that we make as a department to make sure that we have public participation in there. We always err on the side of public participation and public engagement. Other counties don't' necessarily do that same thing. We do, we continue to do — DEFRANCO: I personally feel that you do. KERN: Thank you, thank you. DEFRANCO: I think you guys are doing a great job that I know that you're trying to be inclusive, and I appreciate you taking the time to explain it. But because we had so many questions also from people writing and on Zoom, I am just taking this moment to explore it further so they can hear this from you because I also felt like that. Like you're feeling so. KERN: Thank you Chair. DEFRANCO: Vice Chair. KERN: Vice Chair and Chair of LPC and Vice Chair for right now. Thank you. 13 EXHIBIT B (DRAFT)