2008-08-22 TECOMMERCE - Laserfiche WebLink

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LIM: Thank you very much, Mr. Chairman. I’m Steven Lim from Carlsmith at 121 Waianuenue Avenue in Hilo. With us today are the officers of E. Commerce Enterprises Corporation, the applicant, Ahmad and Rachel Mohammadi. Thank you very much. WATANABE: Okay. Maybe you can share that mike and use the other one. I believe it’s working. FERNANDEZ: My name is Hermann Fernandez, and my address is 56-820 Waiolu Place, Hawi, Hawaii. WATANABE: Okay, thank you. Fellow Commissioners, I think what we are wanting to do now is establish whether we will grant standing. And there is a second part to this: We need to determine whether we will farm the contested case hearing, if we do grant the standing – if we are going to handle it on our own or farm it out. So that’s what we need to decide immediately. Yes, Mr. Fernandez. FERNANDEZ: I was just wondering if I could make a request. WATANABE: Go ahead. FERNANDEZ: Okay. The reason I thought of the contested case was to protect my rights as being the adjacent landowner, right, because I wasn’t given proper notification of the very first meeting on this matter, right? I don’t want to create a huge conundrum; I just want to have my say as far as these matters are concerned.So if I could have, I don’t want to be, I was informed at the beginning of these procedures that sometimes there’s a limit to how much testimony that can be taken from members of the general public. And so all I want to do is I want to have my say, and then the Planning Commission can go off and make decision that they want to make. WATANABE: Okay, thank you. Maybe to help us out, because I’m not sure if you would be able to work all of this out, it’s my indication that you are already in discussions with the applicant and the applicant’s representative, Mr. Lim, and potentially you all may be able to work this out, but I have no indication as to the probability of that. So typically when we grant standing, we are looking at how you as an individual have any interest over and above those of the general public. And I believe you are the adjoining landowner. Is that correct? FERNANDEZ: That’s correct. WATANABE: So why don’t we address the first issue, which is whether we should grant standing and whether he has an interest over and above the general public? Mr. Domingo. DOMINGO: Mr. Chairman, one issue. According to the submittal by Mr. Fernandez, Mr. Lim was originally contacted and he in fact had done some work in his behalf. And then I think Mr. Lim also represents the applicant for this permit. To Corporation Counsel, what does this in fact mean? How would you interpret this? EXHIBIT B 5