2007-02-02 TKOOB - Laserfiche WebLink

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KOOB: Yes, I’m Richard Koob and my address is 12-6860 Kalapana-Kapoho Beach Road, which is the site of Kalani Honua. SQUASSONI: And I’m Paul Squassoni and I also, I was living in Puna Beach Palisades and I am now also at 12-6860 Kalapana-Kapoho Road at Kalani Honua. GRAHAM: Thank you. And, Mr. Strauss, on my first question about whether it’s okay with you that we proceed the way we’re doing right now or you have any suggestions that are different? STRAUSS: My understanding is that this agenda item is treated essentially as an informational or fact-gathering, opinion-gathering, position-gathering meeting. And that it is not, although it’s framed in the agenda as a determination, our position is that if it goes beyond the clarification that’s sought by the Director into a decision-making function that we would have an opportunity if we requested to seek a contested case to have it treated as a potentially adversarial proceeding. But for purposes of today, my understanding is that this is for clarification purposes, an opportunity for the Commissioners to ask questions for us to try to respond, for the Director to present the Department’s position. And we’re content with it being treated that way. GRAHAM: Thank you very much. Does that sound all right with you, Mr. Yuen? YUEN: Yeah, that’s correct. I think in thinking about this further, we would not be asking the Commission to take a vote on this matter today. We would bring it back to the Commission for a specific action, example, revocation of the permit, if we wanted the Commission to take an action; and then they could then put it into a more formal contested case hearing mode if they wanted to. If there is a specific action, we would bring it to the Commission with that specific type of action requested for the Commission to vote on; and we are not doing that today. GRAHAM: Is that all right with the Commissioners that we proceed in this way? WATANABE: Yes. GRAHAM: Thank you. Go ahead, Mr. Strauss. STRAUSS: What I would like to point out first is that with respect to the special permit the proposed development plan for Kalani Kai, and the permit was issued originally in Mr. Koob’s name, the proposed plan does not change the density, it does not change the use, or the proposed use of the hales, or the land from the special permit, and it doesn’t add or change any impacts of the proposed development. What we’re really talking about here is, I guess, protection of the public as investors; and I’ll get to that in a minute. I think that’s not really at issue. And it has to do with the form of ownership of a cooperative way of enjoying property. I must disagree with Mr. Yuen’s characterization that people are owning a piece of land under this plan. The land is owned by a company. People acquire a membership interest in the company EXHIBIT C 6