2005-09-30 TPARKERSCH - Laserfiche WebLink

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GAROVOY:If I could just add one more thing, I dont want to confuse the Commission. But you guys also have a rule 4-24 that requires you to make a decision within th 90 days of the Contested Case hearing. The Contested Case Hearing was held on July 11. th So 90 days from there puts us at October 11 I believe. So its a little bit problematic to hold st the next meeting on October 21 unless we get something clear on the record cause we dont want to violatethe ruleson that also. Okay. SPRINGER:Thank you maam. Id like toask our Deputy Corporation Counsel Mr. Torigoe to comment on the discussion thats presently before us. Also thePlanning Commissioners only received the Hearings Officers report this morning. I have not had a chance to read it. Its lengthy. Im not comfortable acting on it having only received it this morning. TORIGOE:Thank you Madam Chair. If there is going to be a waiver of the rules I think it would be best to, you know to do it clearly on the record. And so Id like to just get clear what exactly on the record constitutes the waiver of the 15-day requirement or was it basically off record discussions that were kind of acquiescent in that little conference that you mentioned on the record? GAROVOY:Well just to be clear the off the record discussion I mean I dont really knowifitswhatweweretalkingaboutitwasjustvacationschedulesandthatsortofthing. We had initially set a date of August 15 for the Findings of Fact but that didnt go on the th record. What went on the record was the August 26 date. But that was-, the position Im taking is that the waiver is in the agreement to the schedule itself. That the waiver is (inaudible) in that and we all agreed to that schedule. TORIGOE:Well lets see if we look at page 166 of the agenda it says, The th Hearings Officer will complete her recommendation by September 20 and were going to the Planning Department is going to check with the Planning Commission and see if we can be on th the agenda for September 30 and thats a Kona meeting so that would be very appropriate. Theres certain lack of precision there that you know to me its a little, I feel a little uncomfortable saying that theres a clear waiver of the 15 day rule on that. I think its something that, Commissioners if you feel that its clear enough and you really want to go ahead you could but then theres also the practical problem if youre having just received the recommendation this morning and you have not gotten input from the intervenor regarding that recommendation. Also when I spoke to the parties earlier this week I spoke to Mr. Vitousekandhedidnotmentionthewaivertomeatthattime.Sothatkindofconcernsme also. WOODDELL:Could I just say something? SPRINGER:Mr. Wooddell we have a Commissioner who has a query may I take himfirst?CommissionerWatanabe? WATANABE:MyquestionwouldbeforCounsel.TheApplicantbroughtupapoint of the 90-days and its my understanding that with the 90-day rule if we dont respond within EXHIBIT A 4