2007-07-20 TKOHALA - Laserfiche WebLink

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ALAMEDA: Thank you, Commissioner Domingo. Do we have any questions before I ask the applicant up? Okay, please raise your right hand. Do you swear or affirm to tell the truth now before the Hawaii County Planning Commission? LIM: I do. ALAMEDA: Thank you. Could you please state your name and address for the record. LIM:I’m Steven Lim from Carlsmith representing the applicant, Kohala LLC, at 121 Post Office Box, Hilo 96721. ALAMEDA: Okay, thank you, Mr. Lim. What do you think about our discussion so far or what would you like to share with us. LIM:I think that the Agenda Items 2 and 3 should be discussed together, as Corporation Counsel has indicated those are flipsides of the same coin. I think you have to take separate actions. So we’ll stipulate to discuss both and incorporate the records for both agenda items into one proceeding. ALAMEDA: Okay. Is there anything else you’d like to add for our benefit? LIM:I have a full presentation, of course. But for procedural purposes that I think should handle it. ALAMEDA: Okay. Mr. Torigoe? TORIGOE: Thank you, Mr. Chairman. Just to clarify, as Mr. Darrow noted the rezoning is a recommendation matter that you would send to the Planning Committee, the SMA Use Permit decision is a final decision of yours and it’s technically a contested case. And so I just wanted to get clear on the record that, Mr. Lim, you know, as the SMA matter is a contested case matter you would have the right to call witnesses or, you know, do all the kind of trial-like things that you might want to do if there was an intervenor present. If we’re going to consolidate this and have a more informal discussion, are you okay with that? LIM:I think I would like to have whatever proceedings occur, whatever exhibits are introduced to be part of the SMA Chapter 91 type of a hearing, even though it’s technically mixed in with the rezoning. If we have to appeal, I have to appeal on the record that is represented before the Planning Commission on the SMA Permit. So I want to make sure that everything that we do today and in subsequent hearings would be included on the Chapter 91 SMA hearing. TORIGOE: Okay. So, I guess, Mr. Chairman, as we go we should just make sure that Mr. Lim has the opportunity to introduce his exhibits and you’d want to, as we go also check and see if there are any other procedural matters that he would like to have done as a matter of a contested case before we wrap up. ALAMEDA: Thank you. Mr. Torigoe, if it’s going to go along those lines, should the parties, the Department and all, be at the front or -? EXHIBIT A 5