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2006-12-06 tsunstone
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2006-12-06 tsunstone
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ALAMEDA: Okay. Thank you, sir. I’ll be sensitive to that. All right. For the <br />applicant, there are some exceptions filed and you have the documents from the county as well. <br />Do you have any comment? <br />LIM: That’s correct. There is so much paperwork flying around that, and we <br />know what was happening at the hearing, so I can imagine what the Commission is feeling. But <br />essentially I’ll try to characterize what happened in terms of the paperwork, is that, the hearings <br />officer submitted the report, and we make the exceptions thereto; and so both the Planning <br />Director and the applicant filed the exceptions. Ours primarily related to technical issues like <br />acreages and certain of these other things that we can take into consideration. And the director, <br />hopefully, he can paraphrase what he was doing, well, basically he was adding in the traffic <br />related conditions that he had in his original revised recommendation that the Planning <br />Commission has already seen. And so, I think what in terms of the long and the short of it is, <br />you know, what conditions are you looking at. Our position would be that you should look at the <br />conditions that were submitted by the Planning Director in his submittal to you in title <br />Christopher J. Yuen, Planning Director County of Hawai`i’s proposed Findings of Fact and <br />Conclusions of Law and Decision and Order. The condition No. 44 in that, this is the 33 <br />conditions that you had already seen in the original go around under his revised <br />recommendation. So, we have reviewed those and we are in agreement with those proposed 33 <br />conditions. We noticed that there were some typographical errors that, if you decide to go with <br />these 33 conditions, I can go through those with the Commission and the Planning Commission <br />staff, but mostly, like I said, they are all typographical type of issues. I think for purposes of <br />compliance with Chapter 91, since the proceedings on this contested case hearing were presented <br />before the hearings officer, Ms. Song, pursuant to the Planning Commission’s Rules, the <br />Planning Commission has to, Planning Commission members who vote on this have to listen to <br />final argument and read our exceptions to the proposed findings, and that would then qualify you <br />to vote on the matter. And so for purposes of that go around, what I would like to do may be is <br />to have, we are going to try to have Mr. Mooers do a short presentation to orient you to the <br />project, cause we haven’t really had the chance for the last six months to talk you about the <br />project. So, I was thinking maybe it might help for a short 10 minutes presentation by Mr. <br />Mooers just to tell you what the project is about, what the issues are, so we can orient you to the <br />map, and then I’ll go into a very short final argument followed by the parties, and then you will <br />be qualified, I think, at that point to vote on the matter. <br />ALAMEDA: All right. Let me try with -. Mr. Torigoe, does that process sound <br />accurate? Cause my understanding, we’ve got the hearings officer’s report, we see that we’ve <br />got the exceptions before us, we know what the project is about. Do we have to go into the <br />presentation and the whole rigmarole, kinda sorta? <br />TORIGOE: Your Rules basically allow you to take final direct oral argument on <br />your own motion. I think there is case law that indicates that you are to allow the parties to <br />address final argument to proposed findings that will make sure that you are, as Mr. Lim was <br />saying, you are fully briefed and qualified to make a decision. <br />ALAMEDA: Okay. Ms. Siracusa, do you have a question? <br /> EXHIBIT B <br />7 <br /> <br />
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