COM 0760.000 1996-1998 - Laserfiche WebLink

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Planning Commission pursuant to Chapter 91 "? Or is it "In accordance with this legislative intent, agency hearings held pursuant to Chapter 91 should be held by the Planning Commission?" GOLDSTEIN: It doesn't matter to me. MCINTOSH: Is it the same? GIANNINI: I really don't know if it matters that much -. MCINTOSH: Okay. GIANNINI: Where the placement of the phrase is. We just want to make sure that the hearing that's held by the Planning Commission will be pursuant to 91 so that there will not be a defect when it's appealed to court. BALOG: Okay. KAWAHA: And one more, just enter on page 7 to add the "Date of 3rd Reading." which requires three readings with the Council. BALOG: Commissioner McIntosh? MCINTOSH: I can understand the Director wanting to get the paper out of her office but I'm not sure I agree with the solution. Frankly, I don't think the solution for the Board of Appeals lies within the County. I have often felt, and I did while I was serving on the Board of Appeals, that the Board of the Appeals is the one body that needs totally independent counsel. I was always uncomfortable with the fact that I had Corporation Counsel representing the Planning Department, and Corporation Counsel representing the Department of Public Works, and the Corporation Counsel representing the Board of Appeals. And I know there's such things as Chinese fire walls, etc. etc., but I really feel that there needs to be another solution at least talked about. Because in many instances even people on the Board of Appeals for the first year or so are unfamiliar with the process and rely heavily on their legal advice. And they're, the whole office of the Corporation Counsel by definition represents the County of Hawaii so, in effect, the Planning Director, represents the County of Hawaii, so does the Director of Public Works; and so all three of those bodies represent the County. And the Department of Public, the Board of Appeals is suppose to represent the people, so to speak. They're the final, the court of final appeal, so to speak. And I really feel that they need totally independent counsel, whether it's on a contract basis, on an annual basis, or for several years or whatever. I just think there needs to be a lot more independence. GOLDSTEIN: Where would you house the Board of Appeals to give them that kind of independence? Because I think part of the problem here is that it wasn't so much to get rid of paper but rather that we also sometimes feel in a conflicting position where the appeals are on 9:2