2023-04-20 DRAFT Joint Meeting Exh B (Proposed Amendments to PC Ruls 8 & 9)

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KERN: Madame Chair. I'm asking for the microphone just for a quick second. So, because we're not going to be going through each section and amending it here and doing a vote. I do think it would be helpful to kind of get a pulse from the general Commission on how they are feeling about some of these suggestions that are being made. So that way we can kind of know get the directions moving in one way or the other. Because if one's Commissioner, no offense, but if one Commissioner says it, the rest of the Commission is like, no didn't really agree with it, we hadn't really take time to make the amendment on it. Then we are not really doing our service. So, I think that would be helpful,just to kind of get a general pulse. Like most folks agree in that direction, great, most folks don't then you know what I mean. DEFRANCO: I think that's excellent. KERN: Thank you. DEFRANCO: We're open for discussion now so, let's take these moments to — [unintelligible crosstalk] We want to hear what everybody how they feel so,— PAISHON-DUARTE: Commission Paishon-Duarte here. I'm in support of Commissioners Knowles's thoughts and recommendations. DEFRANCO: Do we have anybody from the Windward Planning Commission, yes Vice Chair. LIN: Vice Chair Lin. I guess for Sinclair, the clarification that you were trying to make was that the Hawaii Revised Statutes currently states that we have the power to delegate, right. Not necessarily waive all this but we have the power to delegate to the Planning Director or the Planning Department to waive all these items, waive a hearing for these items. SALAS-FERGUSON: Vice Chair Lin, so the Hawaii Revised Statutes says that the Commission may delegate the authority to the Department to waive a public hearing for certain variances and so the Commission may delegate these authorities which are under 8-10 (1)(2)(3) and (4). So, it's up to the Commission to delegate it or not. You can keep that authority within the Commission or delegate it to the Department. KNOWLES: I'm sorry. DEFRANCO: Commissioner Knowles. KNOWLES: Commissioner Knowles. I just have then a follow up. How I read this language is the Commission hereby delegates to the Department the authority to waive so that by agreeing to this amendment as it currently stands. We are delegating it now. We're not deciding moment to moment or hearing to hearing when we want to delegate it. It's being delegated pursuant to the rules. Correct? 24 EXHIBIT B (DRAFT)