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Commissioner Macht noted that all the " quasi -judicial " requirement imposes on the <br /> Board is that nothing can be said out of the hearing of the public . There is no requirement <br /> for examining pre- trial evidence . <br /> County Attorney Bangel agreed that Commissioner Macht ' s comment was correct and <br /> noted that the County ' s ordinance governing procedure does give the presiding officer the <br /> discretion to open the meeting to public comment . <br /> Commissioner Stanbridge questioned the Board ' s responsibilities in this matter , and <br /> Deputy County Attorney Will Collins stated that the language in the County ' s code implies <br /> that the Board may or may not approve the new plan . The rules , however , must be applied <br /> consistently unless and until the County adopts codes approved by DEP . The Board is <br /> making rules when it acts " legislatively " and in taking an application and applying the rules <br /> acts " quasi judicially " , saying that the plan either does or does not meet the requirements set <br /> forth . If the plan meets the rules , it should be approved . <br /> Commissioner Stanbridge then questioned whether the Board has the discretion to add <br /> the common - sense factors of health , safety and the welfare of the citizens . <br /> Attorney Collins stated that, where the rules are inadequate , the Board can act to <br /> protect health , safety and welfare . They cannot, however, change the rules on a case - by - case <br /> basis . <br /> Commissioner Stanbridge continued that the County has critically eroded areas and <br /> should not put people in harm ' s way . <br /> Attorney Collins noted that the Board is not permitting homes to go in harm ' s way , <br /> they are simply allowing them to apply to DEP . <br /> JANUARY 16 , 2001 <br /> - 38 - <br />