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

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told me that the plans had been drafted and had been submitted and theyre sitting around in public works and they havent gotten them out yet and you know thats theproblem. So I talked with Ki Emler and I talked with Ron Thiel, head of the traffic division in Hilo to find out where they were. Ki had not seen the plans. I talked with Ron Thiel. Ron said yes, hed been having conversations with Sunstones engineer a gentleman named Ty Miyabuchi from Engineering Dynamics. They have agreed to the type of improvement, which will basically be a paved shoulder and then a curved place between the vehicular and pedestrians along that shoulder. The plans are being drafted by Mr. Miyabuchi. He thought that he would have them submitted to the County either today or Monday. So, theres no reluctance on the part that of Mr. Deweese to comply with that agreement and thats in process. The problem that weve had right now with the petitioners is that theres no assurances that we can give them that these things will take place because the agreement is with another developer. Clearly in my mind the petitioners are adjoining property owners and in most cases will be granted standing on that basis. The concern I have is that the condition and the issue is not an SMA issue.Itsaroadwayissue,itsapedestrianaccessissueandIdontbelievethatitsfairto hold up Mr. Tinguelys project based on the fact that Mr. Deweese is not finished this roadway improvement. And thats the issue I have and I guess earlier I think Commissioner Springer asked what my preference would be and I guess my preference would be yes to grant standing and then to hear the issue now. And the issue is because the only issue apparently is not an SMA issue and I think the basis in this permit should be decided upon that. Yeah, thats really our concern. I dont think theres any disagreement among the parties about the need for this shoulder improvement and that it makes, its better for everybody to have safer pedestrian access. Were in total agreement. The issue really becomes is what kind of assurances can we give Mr. Green and his group so that theyll be willing to drop the contested case and we dont have to hire a hearings officer and we dont have to hire attorneys and we dont have to go through this protracted arrangement. Our concern about deferrals is that I know the next agenda item or the next agenda in West Hawaii I think is pretty full. Weve got a contested case for Parker School and some other things. This project might get pushed back 60 days on an issue thats not an SMA issue and that I think is totally unfair I think for Mr. Tinguely. I dont think its fair that his project should be held up because of lack of assurances from a previous developer. And, I guess whats odd is that that developer is not shirking that responsibility, hes expended funds to hire the engineer. The engineer has contacted the County, they have agreed to what the improvements were being, plans are being drawn and that process is taking place. The problem is, is that the improvement is not on the ground yet. And you know thats kind of our dilemma is how do we give Mr. Green and the AOAO confidence that that will take place and allow our project to be evaluated on the SMA criteria and move forward. IWASHITA:Mr. Green is that, do you have any understanding based on what Mr. Mooers said or you have any information contrary to what Mr. Mooers said? GREEN:Pretty much we are in agreement and thats why Im saying that this probably is going to go away in a few days anyway. Im just saying that I personally have not been involved in this enough to be able to present a case here today for it. And I do again apologize for that. EXHIBIT C 9