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Commission decides that it wants toproceed with the hearing today will we be putting <br />ourselves in a situation that we will not beable to defend? <br />TORIGOE:Mr. Chair I think it raises an issue you know I don€t thinkwe should <br />discuss on the record the extent to which I think it€s defensible and it€s kind of premature for <br />me to try to give such an opinion but it does raise an issue. <br />GALDONES:Commissioner Iwashita? <br />IWASHITA:I guess my inclination is that because the main party that€s response-, <br />that is carrying burden for the association in this matter is not available due to circumstances <br />beyond his control that the courtesy should be given at least to allow him an opportunity to <br />address this issue. And since the parties seem to be close to resolving it anyway it€s the <br />representation by both the applicant€s representative and the contestant€s representative. I <br />understandtheconcernsaboutthedelaysMr.Mooersbutintermsoftheprocessanddue <br />process and giving recognition to everyone€s rights I think that would be the best course and <br />I€d be willing to make a motion when the Chair deems fit to have this matter I guess in my <br />view set for further hearing before this body and not have to outsource it. But give the <br />petitioner€s representative, the primary representative an opportunity to present their case. <br />GALDONES:Commissioner Iwashita a motion is in order and do you want to <br />incorporate that into the motion? <br />IWASHITA:Yes. I move that the Planning Commission continue further hearing on <br />this matter to a time that Staff can determine is appropriate, the next meeting in Kona for <br />further hearing. <br />GALDONES:Commissioner Graham? <br />GRAHAM:Clarification by further hearing you mean the contested case hearing is <br />that correct? <br />IWASHITA:Yes. <br />GRAHAM:I second. <br />GALDONES:It has been moved by Commissioner Iwashita and seconded by <br />Commissioner Graham that the Department set up for a contested case hearing. <br />Commissioner Springer? <br />SPRINGER:Would this be at our next Kona meeting? <br />HAYASHI:Our next meeting is not in Kona, it€s going to be in South Kona at the <br />Hapuna Prince Hotel. We couldn€t get facilities in Kona that day. <br />SPRINGER:So our next West HawaiŸi meeting is there room on the docket for this? <br />EXHIBIT C <br />13 <br /> <br />