2012-12-13 Leeward Exh B - Bill No. 291

Home

could come, but they also met separately with the Puakō Community Association because they were the most vocal and concerned, and so they are tweaking their plan in response to that. I think people’s concern basically is that you get more than one bite at the apple, if you go through a different process; if you go through a process that goes to both the Planning Commission, as well as the County Council, you’ve got a bite of the apple at the Planning Commission and at the County Council. If it goes through as an ordinance there, you’ve got a bite of the apple at the Planning Committee, you’ve got two readings at the County Council, so you basically have four opportunities for the public to participate, whereas the current process, there is no public hearing unless it’s held by the Action Committees, and the decision making is done within the Department as opposed to being done at a public meeting. And that’s the basic difference between the current process and what’s proposed in Bill 291. I don’t specifically have an objection to Bill 291; my biggest objection – you know, to the intent – my biggest concern is that I think the County Charter does not allow a bill that is a violation of the Charter and how the Charter has set up. And then if you want to do Bill 291, I believe you need to amend the Charter. I think the discussion will be had at the Council -. Can you go to the Charter slide? And this is a specific provision of the Charter that it says you render decisions on proposed variances. And a P.U.D. is basically a set of variances; so if you switch from the Planning Department to the County Council, you run a foul of that provision. But, you know, we are just basing it on the language in the Charter. I think we have to go back and do further research as to when that amendment was made and whether there was any discussion at the Charter Commission or when the people proposed that as to why that amendment was made, because it actually was amended to take variances away from the Planning Commissions and to take it and put it administratively was the understanding that I had in discussions with a prior planning director. So, you know, you need, the problems are that if there is something that your Charter sets up a certain process, you need to amend the Charter. And so that’s the biggest concern I have about Bill 291 is that it may require that. GIFFIN: Thank you. Any other questions of either Maija or the Planning Director? Mr. McInnis, thank you very much. Mr. Madson, would you like to please begin your public testimony. And could we have lights on, please. MADSON: Yes, my name is Tom Madson. I live at Hualālai Colony in Kona. My feelings are about the same as Mr. McInnis’s. The only thing I might add is if this could be passed contingent upon changing the rulings for the county plans, or whatever it is, and then if you feel this is not legal, will you have another hearing that would include changing plans? GIFFIN: Mr. Madson, my understanding is that our vote today will be on what Maija presented in her opening remarks whether to approve or disapprove this particular agenda item, and it’s a recommendation really to the County Council in the current form of Bill 291. If I understood the staff and the Planning Director correctly, and she can correct me if I’m wrong, then there will be subsequent bills that will be introduced and be placed before us in future meetings where again we will have public input. Director? LEITHEAD TODD: Yeah, the intent was that, as we looked at Bill 291, and you run up against what the organization of the Charter is, was how can we currently without, because in order to amend the Charter that’s two years from now, is there a way to currently amend the County Code to provide the public hearing to provide greater input without running a foul or having to go and change the Charter two years from now. So the staff has come up with the bill, which would then come to the Planning Commission, would then go to the County Council, and the County Council 9 EXHIBIT B