2007-09-21 TIBBETSON - Laserfiche WebLink

Home

request by letter, considering Mr. Krueger’s response. And if the Commission wants to allow these counsel to address the matter, and allow the Planning Director also to make any comment he wants on it, and then the Commission should dispose of the written request one way or another. If the Commission wants after hearing from the parties, I can also give you a little bit of guidance. And if necessary, we can also go into executive session to discuss what may be the best legal course of action on those. Assuming that, well, depending on how you dispose of the written request, if then you want to go ahead with the hearing and entertain a range of motions, then you would proceed on it to deliberation and try to come up with a dispositive motion to either deny or to approve the application. GRAHAM: Thank you, Mr. Torigoe. So first of all it looks like we have two things that you suggested need to be handled early: One is Mr. Matsukawa’s request in his correspondence indicating how he believed our action should be limited, and also you brought up approval of the minutes. Do you suggest we do either of these first? TORIGOE: I think if there is a, you know, the minutes basically are going to be part of the basis of any decision you make, so I suggest that you take that up, and perhaps if the parties have any other procedural suggestions or issues at this point. GRAHAM: Okay. And my understanding is that the hearing is closed from before, so that’s what we are really dealing with is the procedural issues. TORIGOE: Correct. GRAHAM: So would the Commissioners like to spend about five minutes going over the transcript, so we’ll get all refreshed, and we’ll just take a recess for five minutes? ALAMEDA: Sure. RECESSED The Chair called a short recess at 9:18 a.m. RECONVENED The meeting reconvened at 9:26 a.m. GRAHAM: Will the Planning Commission come back to order, please? We are on the first agenda item, which is a Special Permit application by Daniel Ibbetson. We’ve just been going over the minutes of our last West Hawaii hearing where we – the minutes are pertain to this agenda item – where we took up the item but failed to reach a definitive decision. We do not have approval of these minutes as one of our agenda items today, so rather than taking any formal action on it, I just would like to invite any of the Commissioners who were at the last meeting, if they had any changes or they saw anything that we should change in the minutes. Is there anything? Does anyone have anything? All right, thank you. So I presume that we are okay to go with the understanding that these minutes do reflect what went on at our last meeting. Mr. Torigoe has suggested that we next move to the consideration of the correspondence received from Mr. Matsukawa and sort of a rebuttal correspondence from Mr. Krueger, the applicant’s attorney. But maybe I could first just call on the parties a minute, and ask if there’s any other procedural issues that they think we should be dealing with at this time. Mr. Krueger -. Could I swear all of you in please first now, probably that’s best? Do you all swear and affirm to tell the truth on this matter today before the Hawaii County Planning Commission? EXHIBIT A 3