2006-04-07 TAinaloa - Laserfiche WebLink

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MCCALL:Or is this something I need to ask our counsel? YUEN:I think you should ask your counsel about that cause its a scenario, frankly, that I have not thought through. We had looked at this as a time certain in which they should pay. ALAMEDA:Mr. Torigoe, can you answer? TORIGOE:If the question is if the permit is kept alive and a year or more goes by and they want to come in and ask for another time extension, and they fail to get it, then will we end up in Court, then thats, its up to the Applicant basically. They can appeal the decision to the Court, you know, that theyre not happy with. YUEN:I would point out, though, that the Applicant is here agreeing to a one-yeartimeconditionattheendofwhichtheyhavetopay$500,000.And,so,for them to appeal a denial of an extension, I just dont know what their basis for that would be. ALAMEDA:Can I turn your attention to the Applicant now. And if you could just state your name and address for the record, and then if you have any comments about our discussion? SONG:My name is Sandra Song, Im an attorney for Ainaloa Development. You want my address, my address is 101 Aupuni Street, Suite 238 in Hilo. You are here for approval or rejection of a settlement. This settlement was entered into good faith, in good faith by all the parties. It was my understanding and, each party entered into this in good faith; and it was my understanding from counsel that all parties, all attorneys and all parties, were going to use their best efforts to encourage this Commission to accept the settlement because all parties felt that this was fair. Im not so sure that Ive heard those good faith efforts today. But all I can tell you is that this settlement, Judge Hara encouraged the parties to settle. The settlement was entered into, into good faith. I would encourage you to accept this settlement on which everybody felt until this hearing today was fair and reasonable under the circumstances considering all of the factors. I strongly urge you to meet with your attorney in Executive Session so he can explain the consequence, legal consequences and answer your questions as an attorney-client, in your attorney-client relationship. However, if this Commission does reject the settlement, we will ask the Court, we will go back to Court and well ask Judge Hara to rule on this case. And I feel confident Judge Hara will rule the way I believe he should rule. Thats all I have to say. ALAMEDA:Thank you, Ms. Song. Let me ask, sorry, Mr. Director, let me ask Mr. Galdones if he has any thoughts or questions, since he has been patiently raising his hand. GALDONES:Mr. Chairman, I would like to take up her suggestion that we do go into Executive Session. It seems to be a complex issue that if may decide to go in a 12EXHIBIT D