2007-03-16 TIBBETSON - Laserfiche WebLink

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GRAHAM:Yes, Im aware of that; and I think thats very relevant. Id just like Mr. Torigoe to give us a little background on how we got to where we are today before we deal with the letter. TORIGOE:Thank you, Mr. Chairman. As you may recall this matter went up to the Circuit Court on appeal after the denial of a special permit for a bed and breakfast establishment. The Circuit Court reversed that decision and has remanded it to the Planning Commission for further proceedings. And I understand that perhaps the Planning staff can give you further background, but I think there has been some action taken by the Planning Department to cite the applicant for continuing to operate a bed and breakfast, although the permit has not been issued as yet. And so the applicants attorney contacted the Planning Department and requested that the matter be put back on the agenda. And I think thats where we are today. GRAHAM:Thank you. Mr. Yuen? YUEN:Yeah, I have to take my leave. I was asked to attend a community meetinginPepeekeoandImgoingtoleavethisinMr.Hayashiscapablehands. (DirectorYuenleftthemeetingatthistime,4:20p.m.) GRAHAM:Thankyou.Norman,didyouhaveanyfurthercommentstomakeonwhat Mr. Torigoe just told us? HAYASHI:I just wanted to explain how this got back on the agenda. If I recall, back th in January, for those of you who were on the Commission at that time, at the January 19 meeting a request was made by both Mr. Krueger and Mr. Matsukawa to continue this matter until they have a chance to resolve some of the issues; and they were to get back to the staff as to when they wanted to be back on the agenda. I was contacted by Mr. Krueger who is Mr. Ibettsons attorney a couple of weeks ago and he indicated to me that they would like to be back on the agenda. I did indicate to him that he would need to check with Mr. Matsukawa as to whetherthatisokaywithMr.Matsukawa.IpersonallydidnotcallMr.Matsukawa,andmaybe thats my fault for my oversight. But, anyway, this was placed back on the agenda and now we receivedaletterfromMr.Matsukawaindicatingthathewouldnotbeabletomakeitatthis meeting today and that he would like to have this matter deferred to the next Kona meeting. So as far as the staffs and Departments positionS, we would recommend that this matter be continued to the next meeting until Mr. Matsukawa or his representative is able to be at the meeting. For your information, Mr. Matsukawa represents Mr. Kaiawe who is the intervenor in this particular case. GRAHAM:Thank you, Norman. My inclination at this point would be to invite Mr. Krueger and Mr. Ibettson to the table. And if they have any objection or whatever about us choosing to defer this until the next meeting, Id like to hear from them first. Could you all raise your right handS so I can swear you in. Do you affirm to tell the truth on this matter now before the Hawaii County Planning Commission? KRUEGER:I do. IBETTSON:I do. 2EXHIBIT E