2005-01-21 TIMMING - Laserfiche WebLink

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SPRINGER:Mr. Torigoe? TORIGOE:I think then we will be short of five votes again; and so we would be in the position, again, of having to look at the timeframe for taking any further action. Lets see -. SIRACUSA:Basically, I dont feel comfortable voting an aye but I dont feel that I necessarily have the legal backing to vote on a no; and thats why Id like to just abstain. I mean, I dont have the legal reasons that, you know, according to Topliss and all of that, I just dont feel right about voting an aye on it; and thats why I asked about abstention. SPRINGER:Mr. Torigoe, do you have any guidance or comments? TORIGOE:Well, only to say that I think all of you when you agreed to serve on this Commission agreed to uphold the laws and the Constitution of the State of Hawaii. And so, you know,onespersonalfeelingshouldreallytakeorgivewaytotherequirementsofthelawin matters like this. But, of course, you know, it ultimately, you know, its up to you and your conscience as to how you vote. Your Rule, again, the SMA Rule says that within a reasonable time not to exceed 45 calendar days from the receipt of the Hearing Officers report or within a longer period as agreed to by the applicant, and I think as the Commission, as the Board, the Commission would have to agree to defer, you need to make some kind of a decision. And if you fail to render a decision or properly defer within the time of, timeframe that the request shall be considered denied. So Im not sure what the 45-day timeframe is, where we are in that timeframe at this point. Lets see. When was the Hearing Officers report received? Can someone tell us that? th SPRINGER:November 16, I believe, 2004. MCCALL:It says ten five. TORIGOE:Ten five. th GRAHAM:I got a stamp of November 24. th TORIGOE:Right, 24 of November. Okay, it would seem that we are already exhausting the 45-day time frame. Is that correct? HAYASHI:Yeah. It was received on November 24th. TORIGOE:Okay, so at this point it would seem to me that what has happened is that the, and this matter, has this matter come on the agenda since then or is this the first time? HAYASHI:No, this is the first time.