2006-10-27 tcouncil - Laserfiche WebLink

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Im not sure if I said that but the Council Chair did say, We are simply requesting that thisbe done promptly. That was that statement made. And its true that because the currentGeneral Plan, which is an ordinance and a law, says that the Planning Director has upto, I believe its 120 days to complete the study, I could have taken up to 120 days and I would have been within my legal rights. The Commission can also take up to the time that it has under the General Plan and it would be within its legal rights. And, so, and the resolution does not override the provisions under the law. There was a statement that was made at that Council that they do recognize that, what I just said. As far as the question of the feasibility study, the recommendation here is the closest thing to, its, again, thats why we want to change the term feasibility study. Its the closest thing to, feasibility is not a good description of what one does when presented with a proposed procedure to change the plan. Its, there are many, many feasible ways to do this. But its, and this is one of the feasible ways. But this is a recommendation here, is that, that it would be more feasible to changeittothethingthatsbeingattachedasExhibit3. ALAMEDA:IhaveaquestionforMr.Directororstaff.Whatisouractiononthis?I see on the agenda its Review and comment. Were not, is that just what were doing, just reviewing and commenting and -. YUEN:No, its a recommendation -. This is like you would be doing on a rezoning ordinance; and its not for action today. Like other amendments of an island-wide nature, we wanted to agendize this for two meetings, one on each side of the island. So the first time that we would be asking you to vote on it would be, the next would be the November 1st meeting that well have in Hilo. The action that the Department, to be real clear about this, the Departments recommendation will be partly, the recommendation is partly that you recommend to the Council that they substitute Exhibit 3 for Exhibit 1 as a second draft of the ordinance and that you give a favorable recommendation to Exhibit 3. ALAMEDA:Commissioner Siracusa? SIRACUSA:Yes. I want to get back to what was No. 7 and is now No. 8 on Page 2 of Exhibit 3. And when I had asked about the public hearings and you were talking about notice to the general public and theres a question of, you know, how if its a hearing, a public hearing, you know, it always generates public notice. And I just want to make sure that were not knocking the public out of the process here by just, by calling it a review and taking out the term public hearing. Because I think that, certainly, proposed amendments to the General Plan are very important to the general public, and we should give them every possible opportunity to know about it and to be able to provide input to us. And, so, I would just like an assurance about that and, or if you dont feel that its really clear, then possibly tweak the wording a little bit so that theres no question whatsoever. YUEN:Under both current State law and your rules you would have to take public testimony. And I personally dont see any chance of State law being changed that requires testimony, allowing the public to testify on agenda items at a public meeting. So I think that thats safe. 7EXHIBIT B