2007-09-21 TIBBETSON - Laserfiche WebLink

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PARTIES: I do. GRAHAM: Thank you. Mr. Krueger, you may begin, if you would. And the specific question is just whether there are any other procedural matters before we start on the specific one that you’d like at least to bring to our attention. And give name and address when you begin, please. KRUEGER: Sure. My name is Dennis Krueger. My address is 75-5722 Kuakini Highway, Suite 208, Kailua-Kona 96740. My client couldn’t be here today, but he asked me to show up and to allow the matter to proceed. I have no other procedural matters, Mr. Chairman, that I think should be addressed by the Commission. GRAHAM: Thank you, Mr. Krueger. Mr. Matsukawa, would you respond to that, to my question, and give name and address, please? MATSUKAWA: My name is Michael Matsukawa. My address is 75-5751 Kuakini Highway, Kailua-Kona. I represent the intervenor. We have nothing to add procedurally. Thank you. GRAHAM: Thank you, Mr. Matsukawa. And Mr. Yuen, on behalf of the County, do you have any comment to make on what’s before us now? YUEN: Nothing to add, no. GRAHAM: Thank you. Okay. So we have this motion before us, not this motion, we have this correspondence before us where Mr. Matsukawa -, my understanding of the gist of the correspondence is at the last meeting, since we failed to approve, since we failed to get a majority vote on a motion to approve the application, that the gist of what he is saying is we sort of disposed of that motion and we cannot bring an essentially identical motion before us again today, which would be to approve the application; that really only what’s within our purview to do might be to deny the application. Mr. Matsukawa, could you give us a few words in support of what you wrote, please? MATSUKAWA: Yes. Unlike the Legislature, this body is in continual session throughout the year; so it’s a body that meets in continuous session. So under the rules of procedure, as I noted, once a motion is brought to the floor and is not successful, only those who were on the prevailing side, which was Commissioners Alameda and Iwashita, could move to bring that back to the floor by way of a motion to reconsider. So in absence of such a motion – and I think the time to make the motion may have expired – but in any event, if such a motion is not made, then that would leave the only action available is a motion to deny. I’m not going to speculate as to how the vote comes out, but our position is that would be the only motion that is in order today. Thank you. GRAHAM: Thank you, Mr. Matsukawa. Mr. Krueger, we also have written correspondence from you on this matter. Would you care to add some words at this time in regard to Mr. Matsukawa’s correspondence? EXHIBIT A 4