1999-09-29 Charter Commission Minutes

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HAWAII COUNTY CHARTER COMMISSIONPage 26 of 51 BALOG: Well, you made the statement that some things is the Council’s kuleana and you only need to look at - RAY: You said established by ordinance, you have to establish by ordinance - GOLDSTEIN: Yes, but if we transfer the Board of Appeals to Public Works, that requires a Charter Amendment because, I believe, it says that the Board of Appeals, although it hears both appeals from the Planning Director and the Chief Engineer, is administratively housed in the Planning Department, so if we suggest that further change, it does mean one more Charter Amendment. That’s the only - BALOG: I know, but a question was asked about the subdivision, you said that - GOLDSTEIN: That’s - yes. BALOG: I just don’t understand that if an Amendment is made to the Charter, why does the Council have to approve that Amendment? GOLDSTEIN: They don’t have to approve that particular Amendment. What would have to happen with a subdivision code, itself, is that the changes by ordinance have to be made so that it reads that the authority is with the Chief Engineer. Those are the ordinance kinds of changes that would have to take place. RAY: So, in other words, what we do with the Charter is get it out of Planning. They would have to take that step. GOLDSTEIN: That’s it. The further implementation of the Charter Amendment would be that they’d have to - BALOG: Of course, the Council could agree. Five people could agree to do that. GOLDSTEIN: You’re running the risk, if you’re asking me, yes. They might not agree and then what happens? I don’t know. BALOG: Okay, the other question I had, is kind of following up to his comment, was would it more favorable, just as an administrator or someone who works in government, to have the Administration be flexible enough to make changes? Instead of going through all of this just for this one specific item, it could be much more broadened. We’re dealing right now with subdivisions. The next department comes in and says, well, let’s do this and this and this, and tinker with this. It seems to me, if the Administration had the flexibility to make changes, you might be better off. Yes or no? GOLDSTEIN: As I said though, I think that might work for some agencies, but I think that when you look at those that essentially advise both Council and the Mayor, I think those, in principle, should have some sort of confirmation of those changes by the Council also. I think it does provide flexibility, yes, but I do think that you need to go - BALOG: So, Administration would make a proposal and the Council would have to affirm that proposal. GOLDSTEIN: Yes. file://\\coh01\cohweb\council\charter_commission\minutes\minutes 9-29-99.html7/1/2011