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Home My WebLink AboutCOM 0641.002 2008-2010 KENNETH G. GOODENOW County Clerk RODNEY OSHIRO Deputy County Clerk County of Hawai 'i Office of the County Clerk 25 Aupuni Street Hilo, l1awai'i 96720 Telephone.. (808) 961-8255 Facsimile: (808) 961-89/2 CJ 80 -;;0 ~,b '''''t:'~: ~t ~ "i1 .-..:.. --<,.} N rT: C) ::-) """ ~"C\ ::0 :::3 TO: J Yoshimoto, Chair and Members of the Hawai'i County Council FROM: ~tenneth Goodenow, County Clerk RE: Proposed Amendments to Resolution No. 283-09; Relating to the Rules of Procedure and Organization of Ihe Council of the County of Hawai'i (Council-Initiated Amendments to Subdivision Control and Zoning Codes) !~'~;j i~",~ "j ".11 ?~ ....... ....... U1 ..... ,- rl~i C1 January 20, 2010 Pursuant to discussion at the December 15,2009, meeting of the Planning Committee, the following amendments to the proposed paragraph 8 of "Exhibit A," as attached to Resolution No. 283-09, are offered for the Committee's consideration. "Exhibit A," as attached to Resolution No. 283-09, is amended by amending the proposed paragraph 8 of Rule No. 14 to read as follows (Ramseyer format applied with respect to the contents of the exhibit; material to be repealed is bracketed and stricken through, material to be added is underscored): "8. Notwithstanding paragraph 4, Council-initiated bills to amend the Subdivision Control and Zoning Codes of the Hawai'i County Code shall be disposed of [ift] at the Committee on Planninq in the following manner: (a) The introducer shall make a motion to refer the bill to the Planning Director[, Leeward Planning Commission, and 'Nindward Planning ComlTlission] and desiqnated pianninq commission. or both commissions. as provided bv the Charter. for their review and respective recommendations. (b) Prior to the vote on the motion for referral, the [Council's] Committee on Planninq may amend the bill, if it so desires. COlllnl. No. t, 'II z. Ret To. ~c, Serving Ihe Inlerests afthe People of Our Island Ret Dole .IAN 20 20m Hawai 'i County is an Equal Opportunity Provider and Employer January 20, 2010 Page 2 of2 (c) After review by the Planning Director[, Leeward Planning Cofftfftission, and 'Nind'",'ard Planning Cofftfftission] and desiqnated planninq commission. or both commissions. as provided bv the Charter. the bill shall be returned to the [appropriate] Committee on Planninq 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 Councilor its Committees." A draft copy of Resolution No. 283-09, Draft 2, is attached with these proposed amendments incorporated. Thank you. KG:jdh Atl. A RESOLUTION TO AMEND THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAW AI'I TO INCLUDE PROTOCOLS FOR COUNCIL-INITIATED AMENDMENTS TO THE SUBDIVISION CONTROL CODE AND ZONING CODE OF THE HAW AI'I 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, Hawai'i County Charter section 6-7.2, subsection (b), paragraph (I), 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, Hawai'i 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 ofthe Hawai'i County Charter require that any Council-initiated amendments to Chapter 23 ofthe Hawai'i 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, Hawai'i 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 tirst 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 trom 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 Hawai'i 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 Hawai'i 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 HAWAI'I 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 ofHawai 'I, as amended, shall be transmitted in full to the County Clerk for reprographic purposes and dissemination to all appropriate parties. 2 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 Councilor 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. Notwithstandinq oaraqraoh 4. Council-initiated bills to amend the Subdivision Control and Zoninq Codes of the Hawai'i Countv Code shall be disoosed of at the Committee on Planninq in the followinq manner: (a) The introducer shall make a motion to refer the bill to the Planninq Director and desiqnated olanninq commission. or both commissions. as orovided bv the Charter. for their review and resoective recommendations. (b) Prior to the vote on the motion for referral. the Committee on Planninq may amend the bill. if it so desires. (c) After review by the Planninq Director and desiqnated olanninq commission. or both commissions. as orovided by the Charter. the bill shall be returned to the Committee on Planninq for further action. (d) A failed motion to refer as orovided in suboaraqraoh (a) shall mean that the bill has failed and thus shall not be acted on further by the Councilor its Committees. [&oj 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