1999-09-29 Charter Commission Minutes

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HAWAII COUNTY CHARTER COMMISSIONPage 25 of 51 RAY: No, we’re not at that decision yet. MARTIN: Okay. RAY: But, it is okay if we let Virginia and Jiro leave at this point? IRVINE: I guess I maybe have one more question. We didn’t hear from Public Works, I think, on the idea of Board of Appeals under this. SUMADA: The Planning Director and I have had some very lively discussions regarding that and I have to acquiesce to her, or the concept that the Board of Appeals would be under our department, and we would establish rules to implement that, also. IRVINE: It sounds like you’re a little reluctant, but is this necessary? SUMADA: Well, since I think the issues that usually are contested deal with subdivision related matters, and also building variances, that we can sign up for that challenge. IRVINE: Thank you. RAY: Okay. KUROZAWA: I have a quick question. It concerns the Board of Appeals hearing subdivision matters. If this change goes through, won’t subdivisions move to Public Works? GOLDSTEIN: Yes. KUROZAWA: Won’t there be the same problem now? Am I mistaken? The problem now is that subdivisions are under Planning, and Board of Appeals is under Planning, so you want to move Board of Appeals to a different division, so there’s no problem of impropriety, but then if you move subdivisions over to Public Works, it’s the same problem. GOLDSTEIN: They’re two issues. One that I raised last time was this appearance of conflict between having an agency that’s hearing the appeal also be housed in the same agency that you’re appealing from. That’s the one thing, and that would remain if it went to Public Works. The other would be just the administrative kinds of matters that go with carrying a Board of Appeals, and in that sense, most of the things would relate to Public Works and the permitting, so that’s why we made that suggestion. RAY: Kevin. BALOG: This, I guess, is two questions, but I’m a little confused why, if there’s a Charter Amendment to make this move, why you would only be dealing with Planning, and not Public Works, and why would be only the problem of the Council, because if you’re proposing a Charter Amendment to the general public, and the Charter is the document that governs the County, it governs the Council, so if the voters would approve an Amendment that maybe stated that subdivisions, blah, blah, would be transferred to Public Works, that’s it. Why would you need Council approval after that Charter Amendment, to say yes or no? GOLDSTEIN: I’m not following you. file://\\coh01\cohweb\council\charter_commission\minutes\minutes 9-29-99.html7/1/2011