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MR. OMONAKA: Well , what happens to the other <br /> proposals? This is what I am more concerned with. What kind <br /> of powers are you going to give the Planning Director? The <br /> more powers that you are going to give him, I think , the more <br /> you are going to require this special Board of Appeals in the <br /> Planning Department. As the proposal is now written giving <br /> him the power to rezone, things like that , you know. <br /> MR. ISHIDA: Yes. <br /> MR. SCHUTTE: Mr. Chairman. A question for <br /> Mr. Oda. On this Board of Appeals that is with the Public <br /> Works Department, how many members are there now? <br /> MR. ODA: Public Works Department? Five. I <br /> think there are five. I 'm not sure. <br /> MR. SCHUTTE: And they sit in judgment on what? <br /> Building? Construction? . . . . <br /> MR. ODA: . . . .when I was with the corporation <br /> counsel ' s office I discovered there was one and that really <br /> surprised me because I didn ' t even know that a board like that <br /> ever existed. They asked me to be present for a hearing. <br /> That ' s when I found out the board existed. It ' s like a Board <br /> of Appeals. Same thing, only thing is they hear appeals from <br /> the Public Works Department ' s decisions. This one happened to <br /> be on electrical code violations. <br /> MR. SCHUTTE: I think the Board of Appeals that <br /> Commissioner Omonaka. . . . . .and giving the Planning Director more <br /> authority I can go along with the Board of Appeals but is <br /> it absolutely necessary that this be incorporated with the <br /> Public Works? <br /> MR. ODA: All I am suggesting here is that there <br /> was a lot of talk in the public hearings about too many boards <br /> and commissions and if this commission wants to leave <br /> matters as they are, fine. If it wants to consolidate them, <br /> here are the proposals. If it wants to change the present <br /> Board of Appeals to let them hear all matters strictly on the <br /> facts and remove the test that is presently in Section 5-4.4 <br /> and just remove that last sentence, that ' s fine, too. That is <br /> the sentence in Section 5-4.4 "An appeal shall be sustained only <br /> if the board finds that the action of the director or planning <br /> commission was based on an erroneous finding of a material fact <br /> or that the director or planning commission has acted in an <br /> arbitrary or capricious manner or had manifestly abused his or <br /> its discretion. " It makes it virtually impossible for a person <br /> to win his case. <br /> MR. SCHUTTE: I believe that that part should be <br /> taken out. <br /> -31- <br />