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GRAHAM:I think we can decide on whether the application is complete with <br />consultation with the Planning Director, and the Corporation Counsel, and Mr. Fuke, and <br />all here in a few minutes. But I’d like to catch Mr. Tyler for a second just before he <br />leaves. Curtis, this really came to my head in the last SMA application we had on the <br />Ali`i, Royal Ali`i project. These cultural impact assessments that we were looking at, our <br />real duty here is to come up with accepting or rejecting an application and making <br />appropriate conditions. And in the last one, I found a difficulty in myself of knowing <br />whether the real value of that assessment was in how we might make conditions that are <br />appropriate, or whether the real value of that assessment more is in documentation of the <br />history of the area and things like that, you know, and, you know, just sort of honoring <br />the history and keeping it alive, as opposed to how it relates to the particular decision <br />right in front of us. And since you know so much more about this, these assessments <br />than I do, I believe, can you just, you know, concisely give me a little idea of how I might <br />try to evaluate when I’m trying to make a decision on a specific application? <br />TYLER:Yes, very simply, you need to refer to the guidelines. Go on the <br />OEQC site and it’ll tell you that, what is sufficient and what is insufficient; and it’s pretty <br />straight-forward. I read them. I read them to you, but there’s much more information <br />there that’ll allow each of the Commissioners to assess this for themselves. <br />I neglected to mention, Mr. Chairman, that I have an interest that is separate and distinct <br />from the public because I am a descendant from this area and I am a recognized lineal <br />descendant for the property directly adjacent to this and to the south. <br />No matter what Mr. Fuke says, no matter what Mr. Hayashi says, no matter what the <br />Director says, your application is incomplete in accordance to your rules. And, I again, <br />want to say and emphasize, be very careful if you decide to move forward on an <br />incomplete application that is inconsistent with the Supreme Court rulings and State law <br />relating to valued cultural resources, be very careful. <br />Mr. Brooks, who also works with Westpro, and I have been talking about this project for <br />quite awhile. He has been very open, shared the information. Mr. Dickler, I know very <br />well. This is not an end-around. This is not an attempt to in any way subvert their effort. <br />This is only an effort to be sure that this legal issue, which has been so much in the news, <br />which has created so much problems for people in the future, does not become an issue <br />here; and it will become an issue if you do not heed the law. Thank you. <br />WATANABE:Okay. Well. Comment? <br />YUEN:Yes, Mr. Tyler may have a point on the Cultural Resources <br />Management Plan, and I have to look at that. I don’t believe that there was one submitted <br />with what we have so far. <br />However, on the other two items, we’re talking about two different things; and the <br />application is in compliance and is complete. The cultural impact assessment that he’s <br />talking about and referencing the OEQC guidelines is required when there is an <br />EXHIBIT C <br />16 <br /> <br />