2005-09-02 TMALASEKO2 - Laserfiche WebLink

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GALDONES:Commissioner Springer. SPRINGER:I do have aproblem with that. And Im just wondering if theres any, I have heard clearly what Commissioner Iwashita has said to us. Should this motion pass as it is, how would a dollar amount be arrived at, or is that even an option? Is it the responsibility of this body to set a dollar motion into place? GALDONES:I have an opinion to that, but Ill yield to our counsel. SPRINGER:Thanks. TORIGOE:Thank you, Mr. Chair. I think the amount of any award will be something that the Commission could set. Again, youre not bound by the recommendation. In fact, the recommendation opens the door to you basically saying that they recommend a range so they donthavea-,andWood&Taitdidnothaveaspecificamountinmind.ButIthinkthatyou can act based on what you believe the evidence would support. Id also add that since Commissioner Salavea had asked me for some advice regarding adverse impact, in short I think Commissioner Iwashita has properly stated what the nature of the claim is, basically that theyre saying that but for having to sell the property due to the geothermal impact, they would have continued or Mr. Malasek would have continued to have income from the farming that he was doing. And so because Mr. Malasek sold the property based on the geothermal impact, and it would have taken him a certain amount of time to get productive on another piece of property, he looses out on that ramp up period, right, before you get into production. And so Im not advocating for or against that position. I think thats basically the statement of what the claim is at this point. So you need to look at that question of adverse impact in that light. And as Commissioner Springer earlier noted, it may be that when you look at the evidence it may be if you give credence to the Planning Directors testimony about being able to get into production in two years or so, if you want to use banana and taro, you know, if you accept that testimony as credible and you think that thats true, then that might be one type of decision that you come to, as to say, well, we think that there was impact based on geothermal but we think that the loss period would only be a couple of years. Again, Im not advocating that. Im just giving that to you as an example of the kind of thing that you could do based on your view of the evidence. SPRINGER:Mr. Chair? GALDONES:Commissioner Springer. SPRINGER:Thank you, Mr. Torigoe. With that in mind, may I offer an amendment to the motion that sets a price specific for compensation? GALDONES:It is in order. SPRINGER:I move that the amount of compensation to be awarded to Mr. Malasek be $7,246, which is compensation for two years of production at the value of $3,623 per year. 22