2005-09-02 TMALASEKO2 - Laserfiche WebLink

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consider that a claim would have been filed by the applicant of this complaint if the process had existed. Did I misunderstand? YUEN:What I think he was, Mr. Olson was responding to my comment that of the many complaints filed by Mr. Malasek none of them claimed damage to his trees. Mr. Olson then, and he can correct me if Im wrong, said that he would have filed such a claim earlier but that the claim process didnt exist at the time. The major blowout occurred in 1991 and Im not sure when this rule came in as far as compensation. And Im not sure what the timeframe was for the rule as to, you know, the time period before the enactment of the rule. All that Im not sure of. So I think thats the gist of what has been said here. And, I dont know, this particular, I dont know that he, whether or not he did have damage to his plants before the rule was in effect. All I can say is that he did not claim, that he began, there are a number of claims starting with, I believe, 1997 from Malasek, and none of those involved damage to the plants. SPRINGER:Thankyou. GALDONES:Seeingnofurtherdiscussion,Mr.Olson,doyouhaveaclosingstatement youd like to make before we go into decision making? OLSON:Certainly. Just to answer your question, that the reference to the blowout of course is not particularly relevant. That is the big impact that everybody got to see. You know, it sent everybody scurrying from here to Honolulu, right? That was the biggey. The surrounding community actually suffered far more impact from all those little events, the little leaks here, the caustic soda. You know, if, I dont know how this is going to go but certainly at some point if it goes against him well certainly supply all of these documents. Theyre all well reported. You know, there are stacks. Ive got boxes, and boxes, and boxes of this stuff. So yes, there -. And while the permit required that the rules be adopted, somehow or another the Planning Department just never got around to it. And so there was a stack of people who filed for loses or attempted to and were simply told that, you know, the rules hadnt been adopted and they could come back whenever the Planning Department got around to it. So thats what happened there. As far as the closing statement, I dont really know what more I can tell you that I havent already told you, except that youre hearing it from somebody who lived through it. I was right there. I saw this man suffer. And this has cost him a great deal. And in terms of what he does and the way he perceives himself, this has been very humiliating for him. Hes just a little farmer guy and hes just trying to make a living. And it is interesting that the only guy in this whole process of geothermal who stepped up to the plate and said Im sorry its governments fault that this has happened to you happens to be the Mayor of this County today. I mean hes the only one left with any credibility; and much of it revolves around the fact that he took responsibility for his part in a failure to prevent what has happened, and whats still happening on a lesser scale. So you can throw that into the mix. I do have one other question, Mr. Chairman. Is it your understanding that the Planning Department hired the claims adjuster because they believed that they had the expertise to do the 17