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I <br />.. 1 <br />1 <br />COUNTY OF HAWAJ .. ;STATE <br />ORDINANCE NO. gS 83 <br />OF HAWAII <br />BILL NO. 211 <br />(Draft 6) <br />AN ORDINANCE TO INITIATE A CHARTER AMENDMENT OF THE HAWAII <br />COUNTY CHARTER (1991), RELATING TO THE PLANNING DIRECTOR, PLANNING <br />COMMISSION AND BOARD OF APPEALS. <br />BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />SECTION 1. Intent and Purpose. The current structure of appeals to agency actions in <br />the County of Hawaii is duplicative and conflicting. The proposed amendments will establish a <br />more effective appeals system while preserving the right to appeal and a hearing under Chapter <br />91, Hawaii Revised Statutes, Administrative Procedures. These amendments will eliminate the <br />existing conflict with Section 5-4.3 and Section 5-6.3 of the County Charter relating to the <br />Planning Commission and the Board of Appeals. <br />The amendments to the Charter would accomplish the following substantive changes: <br />1. The Planning Commission is eliminated from the appeals process. <br />2. The Planning Commission membership will be representative of each council <br />district. <br />3. The Board of Appeals will hear and determine appeals from final decisions of <br />the Planning director and the chief engineer regarding matters within their <br />respective jurisdictions. No appeals from the Planning Commission will be <br />heard by the Board of Appeals. <br />In addition, the bill makes less significant changes to clarify and reinforce the following <br />existing practices and mandates: <br />