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2008-03-20 TKOHALA LLC
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2008-03-20 TKOHALA LLC
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zoned property to which we are entertaining the possible, potential action of either revocation of <br />the SMA permit. Now in this case, can I still participate and vote on these issues? <br />LIM: On behalf of the applicant, we have no objections. I think the areas you <br />were mentioning are farther away from this property. And we know that you were the Planning <br />Committee Chairman; so you probably introduced -. <br />DOMINGO: Yes. <br />LIM: All of these at some point in time. Our position is that these are existing <br />laws for many years, and Mr. Domingo can deliberate on these proceedings. Otherwise, he <br />probably couldn’t work on any other rezonings or other matters. <br />DOMINGO: That was what I was trying to point out. If the fact and the interpretation <br />is that I’m not allowed to participate or even vote on it, then my position on the Commission <br />would be just useless. <br />YUEN: Well, that’s certainly true. And when we considered Mr. Domingo for the <br />position, this current position of the Planning Commission, we were very aware that he had been <br />involved in a lot of decisions made in the past. And all we ask for is that he take a fresh look at <br />all these things in the future, that he is not prejudiced by having worked on a particular matter at <br />some time in his prior service on the County Council or on the Planning Commission in the early <br />to mid 1970s. <br />TORIGOE: Okay. Yeah, generally speaking, Commissioner Domingo, it would <br />appear that your having been involved as a lawmaker in a period of time in which some of these <br />bills were passed does not have direct bearing on your participation today. I assume that you <br />would affirm that you are able to approach the matters today, applying fully independent <br />judgment and not prejudiced or biased in any particular way. <br />DOMINGO: Yes. <br />TORIGOE: Okay, he stated yes. Yeah, and the Parties have indicated that they have <br />no objection. And the only thing, I would, I guess, caution anybody who has been involved in <br />any kind of proceedings that may appear in any record that’s before you is to refrain from <br />spontaneously giving your testimony or views as to what the intent, you know, was of things that <br />have been passed in previous proceedings. If you feel like you need to do that, then you may <br />have to talk to me and the Chair about perhaps relinquishing your participation. <br />RHO: Okay. Moving on. Any other questions for Mr. Lim? <br />BOWMAN: I’d have a maybe -. <br />RHO: Commissioner Bowman. <br />BOWMAN: A question; and that might be to the Department. I’m not sure. I’m <br />looking at the Planning Director’s proposed Findings of Fact, February 20, on page 3 with the <br />EXHIBIT A <br />17 <br /> <br />
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