Laserfiche WebLink
SPRINGER:May I swear you in at this time? <br />MOOERS:Certainly. <br />SPRINGER:Raise your right hand. Do you swear or affirm to tell the truth on this <br />matter now before the Hawaii County Planning Commission? <br />MOOERS:Yes I do. <br />SPRINGER:Mr. Mooers if you could please give us your name and address and <br />then proceed with your testimony. <br />MOOERS:My name is Greg Mooers. My address is P.O. Box 1101, Kamuela, <br />Hawaii 96743. <br />SPRINGER:Thank you sir, proceed. <br />MOOERS:Yeah I would like to respond and maybe clarify some things for <br />Commissioner Graham. On number 9 the portion that was omitted, that mitigation plan has <br />already been done and prepared and approved by the Burial Council. The Department has not <br />adopted the plan as yet and that€s why I think the addition of the last sentence about making <br />sure that we implement any conditions that may be set forth in the plan before ground <br />disruption. And the data recovery report that€s referred to that was added in is in reference to <br />the previous owners indiscretions on the property that resulted in historic preservation <br />division€s recommending that there be a couple of additional carbon datings done in the data <br />recovery plan so by putting that in this insures that that data recovery report will be <br />completed. In regards to the other recommended amendments to the conditions the applicant <br />has no problem with those and does accept them. In regard to the contested case just as a <br />matter of history. At the last hearing Mr. Greene appeared before here representing the <br />AOAO of Kona Pacific. We did subsequently meet with him and he felt very comfortable <br />and gave us a verbal that he was going to withdraw his contested case. Unfortunately he <br />traveled to the mainland and passed the ball to a second member of the Board, a Mr. <br />Archibald. We worked with Mr. Archibald. He agreed also that the contested case would be <br />dropped and unfortunately his wife had some health problems and he had to go to Oahu with <br />her and so then the ball was passed to Ms. Hattenburg. And we were able to work with Ms. <br />Hattenburg and there was some confusion. She seemed to believe that our property was <br />actually below the Kona Pacific AOAO on the way to town and that there was no paved <br />sidewalk. So if you look in the record you may wonder why Mr. Tinguely has written a letter <br />saying that there€s curb-gutter and sidewalk in front of the project an then if it€s disturbed <br />during construction it would be reconstructed. And that was to address their concerns about <br />pedestrian safety. Unfortunately Mrs. Hattenburg thought that our property was below there <br />and therefore did not believe that we had curb-gutter and sidewalk. So I think as soon as we <br />clarified where the property was then she was willing to withdraw and did write the letter of <br />withdrawal on the contested case. <br />EXHIBIT B <br />4 <br /> <br />