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2005-08-26 SMA 05-004 Tinguely
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2005-08-26 SMA 05-004 Tinguely
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GREEN:Id like to just say if I can that I met Mr. Tinguely today for the first <br />time and I believe that we are very close to reaching some agreement which would allow us to <br />drop the contested case hearing. That has not been done at this point. Again, Mr. Archibald <br />was dealing with this and has informed me that he believes that weare very close to that end. <br />GALDONES:The Chair would rather see that that process continues to try to mitigate <br />any concerns that the opposing party has so that it doesnt have to go through a lengthy <br />hearing, to a contested case hearing all that to delay the project. And, the Chair is at a <br />quandary, how should we approach this? Perhaps I need some guidance here. <br />TORIGOE:Mr. Chair you may want to deny or continue this. If you continue it <br />you dont have to decide standing today. <br />GALDONES:Commissioners the options that we have here is to grant the petition for <br />standingandhavethepartiestrytoresolvethisbeforeacontestedhearinghastotakeplace. <br />In case the parties are not able to resolve it prior to that then the contested case hearing would <br />proceed if the Commissioners do grant AOAO standing. So we could either continue this or <br />we proceed and grant standing and the Chair would recommend that we do grant- decide on <br />the petition for standing. Commissioner Springer. <br />SPRINGER:In the event that we grant petition for standing and negotiations proceed <br />but they do not come to an amicable resolution and the application moves forward do they <br />need to come back before the Planning Commission to enter into the nuts and bolts of the <br />contested case? <br />GALDONES:The action that we should take is that it just proceeds into a contested <br />case hearing if they are not able to resolve it. Commissioner Springer? <br />SPRINGER:So today we would also take action on whether to outsource or not in <br />the event that it proceeds? <br />GALDONES:Yes. <br />SPRINGER:Thank you. <br />GALDONES:Further discussion? Are there any further questions of Mr. Green? <br />Commissioner Salavea? <br />SALAVEA:Im not sure if this is appropriate to ask of the applicant for contested <br />standing. Do you have an estimate as how close in terms of time, is this something that can <br />be worked out while were here or is this something that you think will take more than a week <br />or so? <br />GREEN:Uh, no. In an e-mail that I received from Mr. Archibald who again is <br />doing the negotiations for us he believes that we can have this done next week. Its just a <br />EXHIBIT C <br />6 <br /> <br />
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