2007-09-21 TIBBETSON - Laserfiche WebLink

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such rules with Special Permits, so you will continue to revote until you have five votes favorable or five votes unfavorable. GRAHAM: Thank you, Mr. Yuen. We’re going to hear from Mr. Torigoe before long, but I’d like to just ask the Commissioners first if they have any comments on what they’ve heard or any understandings that they’d like clarified or questions to those who spoke before us about the specific issue of whether we are precluded from entertaining another motion to approve this application today. Commissioners? Yes, Commissioner Domingo? DOMINGO: No. No comment. GRAHAM: No comment. Mr. Matsukawa, since you did hear the other two parties speak after your depiction of what’s your correspondence was, do you have any rebuttal you want to make for what you heard to them? MATSUKAWA: I would only emphasize that the parties have relied upon the Commission’s Rules, and they are entitled to the protections given to them by those Rules. Thank you. GRAHAM: Thank you, Mr. Matsukawa. Commissioner Iwashita just arrived. I’d like to just fill him in on where we’ve gone so far. IWASHITA: Okay. GRAHAM: Okay. So we are taking up the Ibbetson Special Permit application. And basically we have copies of the minutes from the last meeting in West Hawaii, which dealt with Ibbetson’s application, so we all kind of took a minute and read them over just to refresh ourselves in them, and they seem to be acceptable as written to the Commission as a representation of what took place. Then I went to the parties of the hearing here today, and asked them to specifically comment in regard to Mr. Matsukawa’s correspondence with us, which suggested that it’s not correct for us to entertain another motion to approve after we failed to approve that motion at the last hearing. So we’ve heard from all the parties in regard to that. And then I just asked the Commissioners if they had any further comments they would like to make from what they heard from the parties. And so from here I was going to ask Mr. Torigoe, our Corp. Counsel, for his word on how we should deal, how he feels we should deal with this consideration put to us by Mr. Matsukawa of being restricted from entertaining another motion to approve the application today. Mr. Torigoe? Did you want to say anything first, Commissioner Iwashita? IWASHITA: I apologize for my late arrival. No, I understand what you just explained. GRAHAM: Thank you. Mr. Torigoe? TORIGOE: Thank you, Mr. Chairman. I’m going to try and be very concise and simple about what can become a real hairball, you know, when you let lawyers play with Robert’s Rules and things like that. Basically, starting with the impact of Robert’s Rules, even if it does apply -. And I’m basically going to just real simply state what I would end up saying if this matter gets up on appeal; and so I’m going to say something that, nothing that I wouldn’t, EXHIBIT A 6