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

Home

we can propose language to make it very clear on here is exactly when it does apply. So, we have several options. So, I just wanted to place that out there. PAISHON-DUARTE: Thank you and I understand that you folks have your regular Windward Commission meeting, and I actually will need to get off by 10:45. What I'm proposing is if it's possible if this rule amendment to Rule 8-10 be tabled or omitted completely and if we can schedule another Commission meeting and have a little more time to put something forward. I worry that we don't have enough time to come up with an amendment that will maybe strengthen the language. LIN: Okay, understood. So — KERN: Can I make a quick comment. LIN: Go ahead Director Kern. KERN: With respect on this,just want to, it's very challenging for the staff to coordinate joint meetings, it really is. If a bifurcation does happen that's perfectly fine. I do want to point out these have been in place and have been in everybody's computers for quite a while and I would really appreciate some constructive feedback to move us in a direction of some type of certainty, so we actually know where we're going on this. BALOG: I just want to thank the Department, when I ask for a clarification earlier. I think part of the confusion when I read through it was that I read Section D and E as separate from A. So, if there's a way, now reading it after clarification I understand it a lot better. So, maybe that's part of what the other Commissioner is trying to address herein 8-10. JACKSON: Commissioner Balog, you're speaking to Section D and E of 8-10? BALOG: Yes. JACKSON: Okay, let me look at that. BALOG: I don't have a problem A; I think it's perfectly clear. I just wanted to add I think D actually does address the 3 requirements and that are stipulated in A. So. JACKSON: Yeah. BALOG: I don't know, I'm trying to help. JACKSON: So, yeah, so Section D is basically saying that the Department may waive a public hearing and take action on a variance for those items in section A provided public and private notice is provided and notice to abutting property owners. And then Section E is saying the Director has to make that decision to grant a variance based on the criteria in the rule and provide a record of that determination. So, going back to the main discussion I think it would be the Department's preference to move ahead as much of the rule adoption as possible 15 EXHIBIT B (DRAFT)