2005-09-02 TMALASEKO2 - Laserfiche WebLink

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recommendation within ninety (90) days from the close of the hearing, the claims adjusters recommendation becomes final. You know, we reopened the hearing today and so I think the clock would start running again. The other interesting wrinkle is that the adjusters recommendation here does not have a solid number on it. It has a range in it, so that becomes a problem. GALDONES:Commissioner Springer. SPRINGER:Could that problem be properly addressed by having the adjuster appear before us and have a deeper discussion of the range? TORIGOE:Thats a possibility. But I think also you should consider that, looking at your Rule 14-8(c) which talks about how you deal with the claims adjusters recommendation, it says,ThePlanningCommissionmayvotetopaytheclaimant(s)afterreviewingthesupporting documents and the recommendation made by the claims adjuster if it finds, you know, that there should be an impact and theres, an appropriate amount of damage can be compensated for. But, basically, its saying that you look at whatever supporting documents and the recommendation, and I think we also have to read in at this point testimony because these rules are kind of outdated. These rules, the way theyre written, allow an appeal to the Board of Appeals; and as we know, you know, thats no longer the case under the Charter amendments. And, so, basically, I think we have to consider this to be the contested case; and if there is relevant testimony such as whatever testimony from personal knowledge Mr. Olson is bringing, as well as testimony from the Planning Director upon his review of the record and his experience as a farmer, I think those are relevant things that you can use to fill in the gaps here. So, again, going back to what the rule says, you can vote on a claim if you have substantial evidence based on the documents, I think the testimony also, along with the recommendation of the claims adjuster. So, for instance, if you felt like there was a basis for saying that there was adverse impact and you believe that a certain amount of compensation should be paid and if you feel the evidence is clear enough for you to make a reasonable determination, then you could make, you know, take the claims adjusters recommendation and put a number on it where he has a range. I think thats within your discretion to do. Or if you feel that the evidence is really not sufficient to make those kinds of findings, that you can make a rejection. GALDONES:Commissioner Springer. SPRINGER:As Commissioners were, often were admonished not to take our personal, we need to base our discussion and decisions on the merits of the evidence before us, setting aside our personal opinions and experiences. And Im wondering if the Planning Director may, how we should treat his opinion as a farmer in his letter to us as the Planning Director, if his basis for the statement that 12 to 18 months after planting papayas and taro can be harvested within a year is based on his experience as a commercial farmer, is that valid? IWASHITA:Mr. Chair, I have a related comment on the question. GALDONES:I would like to have Mr. Torigoe respond to her question first. 12