2005-01-21 TLAURANCE - Laserfiche WebLink

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SPRINGER:Commissioners,anyquestions for the staff at this time? At this time Id like to invite the applicant or his representative tocome forward. Thank you. In addi-. VITOUSEK:Good morning, Madam Chair and Members of the Commission. SPRINGER:Good morning. VITOUSEK:Randy Vitousek, I represent the applicant Dale Laurance. Mr. Laurance is also present before the Commission this morning. SPRINGER:Thank you. Id like to invite any members of the audience who have signed up to testify or who wish to testify and have yetto sign up to please join with the applicantandhisrepresentativeinraisingtheirrighthands. Thankyou.DoyouswearoraffirmtotellthetruthoronthismatternowbeforetheHawaii County Planning Commission? VITOUSEK:Yes. SPRINGER:Thank you. Anyone who is not yet signed up, please do so with the staff to your right of the room. Mr. Vitousek, Mr. Laurance, did you receive the Planning Departments background report and recommendation? TESTIFIERS:Yes. SPRINGER:You may proceed with your comments at this time, after you give us your name and your residential addresses, please. VITOUSEK:Yeah. Randy Vitousek, 75-170 Hualalai Road. Madam Chair, I think there are a couple of procedural matters that, I think, we need to address at the beginning. One is that, based on my discussions with Planning Director Yuen at an earlier hearing of the Commission, I think we need a stipulation from the Commission that this would constitute a contested case hearing, as that term is defined in Chapter 91 and in the Planning Commissions rules. This is the last hearing, this is the last hearing before an opportunity to appeal to Circuit Court; and so, what we need to agree is that for purposes of judicial review this does constitute a contested case hearing. SPRINGER:Thank you, Mr. Vitousek. Mr. Torigoe, if you could, at this time, brief the Planning Commissioners on the implications of Mr. Vitouseks comments. TORIGOE:Thank you, Madam Chairman. First of all, I would have to say that I would have to concur that this hearing would be a contested case. It is the last agency hearing 3