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HomeMy WebLinkAboutREP PC 100 07/18/2006 2004-2006 REPORT OF THE COMMITTEE ON PLANNING DATE: July 18, 2006 Re: Comm. No. 963Bi11308 PLACE: Hilo Council Room TIME: 1:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 963 and attached Bill 308, reports as follows: Bill No. 308, transmitted by Communication No. 963 from Council Member K. Angel Pilago, dated June 16, 2006, presents a Bill for an Ordinance to initiate a Charter amendment to Article VI, Chapter 4, Section 6-4.3, Hawaii County Charter (2000). The amendment relates to bifurcating the Planning Commission into an East Hawaii Planning Commission and a West Hawaii Planning Commission. The intent and purpose of Bill No. 308 is to afford the electorate of Hawaii county the opportunity to vote on this proposed amendment to divide the Planning Commission into east and west Planning Commissions to better address the unprecedented growth and development that has been occurring in West Hawaii. Attached to Communication No. 963 is a request to waive this matter from the Planning Committee to the full Council for immediate action dated June 16, 2006, submitted by Planning Chair K. Angel Pilago. Also attached to Communication No. 963 is a June 23, 2006 letter from Council Chair Higa to K. Angel Pilago, Chair, Planning Committee, advising Bill No. 308 will not be waived noting that an issue of this capacity should be discussed at committee level. At the July 18, 2006 Planning Committee meeting the Kona Council office received public testimony from the following persons in support of Bill No. 308: Jerry Schneyer, David Gazdner, Joel Gimpel, Janice Palma-Glennie, Una Greenaway, Shannon Rudolph and Brenda Ford. Planning Director Yuen stated that the Planning Commission may have comments of its own, however he hasn't had time to discuss this with the Commission. Director Yuen said he was not sure how a split in the Planning Commission would work since matters that come before the Commission have island-wide affects. He has given the proposal some thought and if two planning commissions are created, decisions should be made in unity. As to whether such a split in the Planning Commission would be legal, he said that is a matter for Corporation Counsel to decide. Director Yuen also noted that the proposed four representative districts that comprise the West Hawaii Planning Commission is not a functional number for voting purposes. Committee Chair Pilago stated he believes that adding three "at lazge" members to the West Hawaii Planning Commission and two "at large" members to the East Hawaii Planning Commission would address Director Yuen's concerns regarding a functional number of commission members. in response to Committee Chair Pilago's concern that there is not enough time to get this measure on the ballot, Council Chair Higa stated there still might be enough time to submit this to the voters. Mc Higa noted a certain number of readings must first be held but if the Council called for a special meeting, PC REPORT NO. 100 Communication 963 Bill No. 308 Page 2 of 3 deadlines could be met. Mr. Higa said he is not totally opposed to this, but this measure did seem to give him an impression that the Planning Commission wasn't doing a good job. Director Yuen stated he would like to hear what the Planning Commission has to say regazding this and that there may be a way to make this work. He noted that the biggest structural problem in the County is the EasUWest split and feels the Council needs to discuss and resolve these issues before the proposal is put to the voters. Committee Chair Pilago stated his desire to work with Director Yuen and the Planning Commission and will follow up with Chairman Higa on how to get this measure on the ballot to the voters. Deputy County Clerk Bill Smith explained requests for a special meeting and that the Sunshine Law, publication deadlines and HRS requirements for public notice must be followed. Deputy Smith stated the process still has to go through adoption of a Resolution authorizing Corporation Counsel to draft appropriate language for the ballot question and concluded there are time considerations involved that must be considered. Corporation Counsel Lincoln Ashida could not provide comments regarding any possible legal implications towards this effort because he had not looked at the ordinance. Council Member Dr. Holschuh stated he doesn't like this bill and the rushing of it. He said he believes the Planning Commission members are doing a great job serving on the Commission and decision- making. Director Yuen disagreed with public testimony implying there is an East side block voting one way and a West side block voting another way and stated this certainly has not been the case with the Planning Commission. Mr. Yuen concluded that despite the fact that the Planning Commission's workload has become unreasonable, decision-making has been balanced and fair. Council Member Jacobson stated he can not support this measure because districts of Ka`u and Puna are not part of West Hawaii. In fact, he stated his constituents feel they themselves should have their own Planning Commission and the idea of splitting the county's Planning Commission is not sustainable. Council Member Safarik stated that his District 5 doesn't want to be pazt of either East or West Hawaii because they feel they have been underserved the most. Mr. Safarik said he's always tried to look at the unity aspect of the island as it was his sentiment when he was chair in 2005, is still his sentiment today and will work towards that. Council Vice Chair Isbell said it would be quite interesting to have this happen and that she would be supporting this measure because there is a need to discuss this even more, and also because she feels the people should have the opportunity to decide. Ms. Isbell noted that she agrees this is one island and has difficulty understanding the West side sense of an "us or them" feeling. Ms. Isbell stated if this could be ready for the November election, she would support this. Council Chair Higa stated plans to call one or two special meetings either before the end of tomorrow's agenda however, he said it would depend on the vote, but noted that these were options. Council Member Ikeda stated he won't be supporting the measure because council members do not select Commission members, the mayor does, and he believes that the Planning Commission is fairly represented and not broken. PC REPORT NO. 100 Communication 963 Bill No. 308 Page 3 of 3 Committee Chair Pilago stated he is compelled to vote yes because he believes the voters must be allowed the opportunity to vote. Council Chair Higa stated that if this measure moves forward he suggested Committee Chair Pilago bring forward amendments to see how it can be worked out. A motion to approve this measure received two aye votes. Pursuant to Council Rules, 5 aye votes are needed to pass a measure. Therefore, your Committee on Planning forwards Bill No. 308 to the Council with a negative recommendation. and nvES noES w&e ex Respectfully submitted, ARAKAHI X HIGA X COMNIITTEE ON PLANNING HOFFMANN X HOLSCH[TH X C%~ IKEDA X ~ ISBELL X JACOBSON X K. ANGEL PILA ,CHAIR p~GO g PC REPORT NO. 100 SAFARBf X ADOPTED: O ~ 7(1(16