2010-12-15 TFOULKexhibitD - Laserfiche WebLink

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YEH: But maybe we’ve got to get through some procedural issues -. HOUSEL: Right, right, we can start today, right. P. OLSON: That’s fine. HOUSEL: Okay. We have one other matter that we’d like to discuss and present to you – that is the petition for standing. And I’ll just read this, “As a preliminary matter for the agenda item regarding SMA Application 10-41, the Planning Commission is being asked to determine whether to accept a petition for standing from Jerome Kanuha, received by the Planning Department on December 7, 2010. The Planning Commission acknowledges that it has received a letter dated th December 9from the appellant, William C. Foulk, objecting to the position, and the objections contained within the letter were made a part of the record to this proceeding.” Did the petitioner receive a copy? P. OLSON: Yes, Mr. Chair, and we responded to that via letter, too. I hope you guys got a chance to review that. HOUSEL: Okay, and you did respond, okay. P. OLSON: Yes. HOUSEL: Okay. “Asdefined by Rule No. 1-3 and 4-6, any person or agency should be admitted as a party, third party/intervenor, to a contested case proceeding, granting standing upon filing of a timely request before the first public meeting on the particular matter, and if any one of several criteria can be met.” So, would you care to express your concerns about this petition for intervene? P. OLSON: Well, I want to call Jerome Kanuha as a witness and I can lay a record as far as our basis for standing. If not, I can give you an offer of proof about what he would testify to, and then after I lay a factual record and if you guys don’t want to accept my factual record after I give my offer of proof, I can argue the law and why he should be allowed to have standing in this case. HOUSEL: Okay, yeah, would you like to present your argument? P. OLSON: Could I call him first, or would you want me to give my offer of proof? If you are going to deny -. I’m asking for a hearing on this and have him testify. HOUSEL: Call him up. P. OLSON: Okay. YEH: Mr. Chair? HOUSEL: Mr. Yeh. YEH: Before we start the process, you know, I, the basic premise of our objection basically is that from a timeliness standpoint and the rules are pretty clear. I mean we have probably heard from the public a number of people who might have had standing, if they had timely filed a petition for 16 EXHIBIT D