2003-11-07 TSOTO - Laserfiche WebLink

Home

HAYASHI:There is an outstanding request, item that we need to deal with and that is the Petition for Standing. At the last meeting, there was not enough votes to, I believe, carry the, if I can find my notes here, to carry, to accept the Petition for Standing. So I think, at this point, perhaps it would be proper for the Commission to deal with the issue. SPRINGER:Thank you. I would ask for guidance from Counsel or th Director, because this is a continue agenda item, do we need to presentation again or may we move directly into hearing the contestants and why they should be granted standing? YUEN:Yes, we can move directly into that. And just for a little bit of clarification for the Commission, we did not achieve five votes on either granting or denying standing in the last instance. Corporation Counsel has essentially advised you that you have the discretion to waive the fact that the Applicant did not notarize the signature on the petition because itÓs not an essential part of the application. So itÓs within your discretion to vote to approve the request for standing or to deny it. SPRINGER:At this time, then, IÓd like to invite the ApplicantÓs representative as well as the representative of those individuals or entity which has applied for standing. Mr. Mooers, you have been sworn in. If the Intervenor and/or his representative are ready, could you please raise your right hands? Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? TESTIFIERS:I do. SPRINGER:Thank you. Our Corporation Counsel is directing the Applicant for standing in the contested case hearing to explain to us why they should be granted standing. KIM:Thank you, Madam Chairwoman. Robert Kim, attorney for Association of Apartment Owners of Sea Village, Inc. IÓm substi withdrawal and substitution which I submitted to the Commission for Ben Tsukazaki. IÓm now attorney of record. At my right is the president of the association whoÓs present. At the last hearing, according to the records, there was a Motion to Dismiss on the grounds of no notary. My client had met all other conditions. The president of the association, which is a corporation, was in Canada. There was no access to a notary, as you must go to the nearest consulate; and, so, thatÓs the issue before you. As far as our standing, if once the Commission deals with that, let me talk about standing. The Sea Village Condominium Association and the condominium itse to the project itself. They are next-door neighbors. The adverse impacts that they are concerned about include, but are not limited to, viewplanes, noise, traffic, wastewater treatment and its designed, cultural resources, recreational resources as this is an area known as Tikis for surfers in Kona, public access, marine resources and beach protection. I believe that all the elements, once the issue of the notary is resolved, are there for 2