2005-08-26 SMA 05-004 Tinguely - Laserfiche WebLink

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SPRINGER:Thank you, thankyou both. GALDONES:Commissioner Graham? GRAHAM:Basically I was going to say essentially what the Planning Director said but let me just add on that I know some of the Commissioners are newer Commissioners but at hearings and I can specifically remember a Hilo hearing when we had a request for a standing in a contested case I remember asking at the time is it appropriate to ask the applicant the nature of the impacts that hes concerned about and all like that and the answer I received was essentially no thats not the issue. If the applicant is distinct from the general public and we find it to be so thats not something we need to deal with at this time. So, in fairness to this intervenor, potential intervenor, and then to our past policy Id like to sort of keep that in mind but I also recognize that Mr. Mooers sort of left a question on the table for us where he really explained well the situation and if the Counsel or the Chairman has any otherrecommendationsastohowtodealwiththatiftheressomethingwecanbringintothe mix that would help his concerns Im certainly happy to hear that. But other than that I think the issue on standing is just one of- condition one in the ones that Mr. Torigoe read. GALDONES:Commissioner Springer? SPRINGER:Yes. My question then would be to the representative from the AOAO group. Having heard the discussion and understanding that there are certain riggers associated with a contested case hearing, rights and also responsibilities do you stand by your petition and do you wish us to move forward? GREEN:Yes I do. Unfortunately once more Im not the best representative of this because I dont have all the information. Mr. Archibald knows much more about this than I do and Im simply here to keep things going and its required. So, one more apology. SPRINGER:Thank you. GALDONES:Any further questions? Mr. Mooers in reference to the petition do you have any further comments on that? MOOERS:No, I think I was clear that we did not object to standing its just that we request that we look the most expeditious way possible to resolve this because in a way I think this is an abuse of process because were letting a non-SMA issue delay an SMA permit through the contested case. Theyve got every right to ask for standing, we dont object to standing. Im just looking for an expeditious resolution after that point. GALDONES: Thank you Mr. Mooers. Commissioners seeing no further questions a motion is in order to either grant or deny the petition for standing. Commissioner Iwashita? IWASHITA:Thank you Mr. Chair. I move that the petition for standing in a contested case hearing submitted by Steve Green, Board Vice President, Kona Pacific AOAO be granted. EXHIBIT C 11