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HomeMy WebLinkAboutRES 283 Draft 01 2008-2010COUNTS OF FIAWAI`I STATE OF ~-IAWAI`I RESOLUTION NO. ~~~ ~~ A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII TO INCLUDE PROTOCOLS FOR COUNCIL-INITIATED AMENDMENTS TO THE SUBDIVISION CONTROL CODE AND ZONING CODE OF THE HAWAII COUNTY CODE. WHEREAS, the Rules of Procedure and Organization of the Council of the County of Hawai `i was adopted by the Council via Resolution No. 04-09 on December, 1, 2008; and WHEREAS, Hawaii County Charter section 6-7.2, subsection (b), paragraph (1), states: "(b) The director shall be the chief planning officer of the county and the administrative head of the department and shall: (1) Advise the mayor, the windward planning commission, the leeward planning commission and the- council on all planning and land use matters."; and WHEREAS, Hawaii County Charter section 6-7.5, subsection (a), paragraph (3), states: "(a) Both commissions shall: (3) Review proposed subdivision and zoning ordinances and amendments thereto and transmit such ordinances with recommendations thereon through the mayor to the council for consideration and action."; and WHEREAS, these provisions of the Hawaii County Charter require that any Council-initiated amendments to Chapter 23 of the Hawaii County Code, otherwise known as the Subdivision Control Code, be referred to the Planning Director, Windward Planning Commission, and Leeward Planning Commission for their comments and recommendations prior to Council action; and WHEREAS, Hawaii County Code 1983 (2005 Edition, as amended), section 25-2-43, subsection (b), states in pertinent part: "(b) The council shall refer any proposed council-initiated amendment to this chapter to the director and the commission with requests for their respective comments and recommendations thereon, prior to the first reading of any such amendment. The director and the commission shall each submit comments and recommendations on the proposed amendment to the council within one hundred twenty days from the date that the amendment is transmitted by the council to the director and the commission."; and WHEREAS, section 25-2-43, subsection (b), refers to Council-initiated amendments to Chapter 25 of the Hawaii County Code, otherwise known as the Zoning Code; and WHEREAS, the Council believes that its Rules should be amended to include clear provisions for the referral of Council-initiated amendments to Hawaii County Code Chapters 23 and 25 to the Planning Director, Windward Planning Commission, and Leeward Planning Commission; and WHEREAS, the proposed change would amend Rule No. 14, Motions, by adding clear provisions for the disposition of any Council-initiated amendment to the Subdivision Control Code and the Zoning Code; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Rules of Procedure and Organization of the Council of the County of Hawai `i, is hereby amended by amending Rule No. 14 as indicated by the attached document labeled "Exhibit A." BE IT FURTHER RESOLVED that material to be added to the Rules of Procedure and Organization of the Council of the County of Hawai `i is underscored and material to be repealed is bracketed and stricken through, as indicated in the attached "Exhibit A." BE IT FINALLY RESOLVED that the Rules of Procedure and Organization of the Council of the County of Hawai `i, as amended, shall be transmitted in full to the County Clerk for reprographic purposes and dissemination to all appropriate parties. Dated at Hawaii, this day of , 2010. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawaii on ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER ROLL CALL VOTE 2 AYES NOES ABS EX ENRIQUES FORD GREEN WELL HOFFMANN IKEDA NAEOLE ONISHI YAGONG YOSHIMOTO Reference: C-641/PC RESOLUTION NO. ~°~ ®~ EXHIBIT A RULE NO. 14 MOTIONS 1. No motion may be received and considered by the Council or a Committee until the same has been seconded. 2. No floor amendment to a bill or resolution shall be considered unless a written copy of the amended version has been presented to the County Clerk for preparation and distribution to each Council Member present. However, a floor amendment may be verbal if limited to correction of manifest clerical or typographical errors or errors in numbering, spelling, capitalization, punctuation, grammar, and gender terms, provided that the correction will not alter the meaning or effect of the underlying bill or resolution. 3. After a motion is stated or read, it is deemed to be in the possession of the Council or Committee, and it shall be disposed of by vote of that body. However, any motion may be withdrawn by the movant without consent of the corresponding second at any time before a decision or amendment. 4. Whenever any question is under discussion, the precedence of motions thereto shall be to: (a) Lay on the table. (b) The previous question. (c) Postpone to a certain time. (d) Commit (or refer). (e) Amend. (f) Postpone indefinitely. (g) Close file on subject matter. The first two motions shall be decided without debate. 5. Previous Question. The object of a motion for the previous question is to cut off debate. However, when this motion is carried by two-thirds (2/3) majority, the introducer of the main subject under discussion shall be permitted to close the debate, after which the main question shall be put; provided, however, that the introducer may delegate to another such right to close. 3 6. Postpone Indefinitely. When a question is postponed indefinitely, the same shall not be acted upon again or revived at any subsequent meeting of the Council which so disposed of such questions unless by consent of the majority of the Council. 7. When a motion in one of the categories described in paragraph 4, or another incidental motion fails or is decided in the negative, the same shall not be revived at the same meeting relative to the main question under discussion. If all fail or are decided in the negative, the only remaining question shall be as to the passage or adoption of the bill, resolution, or other main question. 8 Notwithstanding~aragraph 4 bills to amend the Subdivision Control and Zoning Codes of the Hawaii County Code shall be disposed of in Committee in the following manner: (a) The introducer shall make a motion to refer the bill to the Plannina Director Leeward Planning Commission and Windward Planning Commission for their review and respective recommendations. (b) Prior to the motion for referral the Council's Committee may amend the bill, if it so desires. (c) After review by the Planning Director, Leeward Planning Commission, and Windward Planning Commission the bill shall be returned to the ~propriate Committee for further action. (d) A failed motion to refer as provided in subparagraph (a) shall mean that the bill has failed and thus shall not be acted on further by the Council or its Committees. [&] 9. Adjournment. Meetings may be adjourned at any time by motion and vote. Unless otherwise specified in the motion, every meeting shall be considered adjourned to the usual hour of meeting on the next regular meeting date. A motion to adjourn is always in order and shall be decided without debate. 4