2010-12-15 TFOULKexhibitD - Laserfiche WebLink

Home

HOUSEL: Thank you. We have one item that we want to take care of in preparation. We have a second day of this hearing scheduled for tomorrow, and so to make things go as expeditiously as possible, I’d like our corporation counsel to explain what we’d like to do at this time. GONZALEZ: Thank you, Mr. Chair. According to the rules, public testimony on subsequent days is to be taken prior to the commencement of subsequent hearing days, meaning at the beginning. The rules can be modified by agreement of the parties. We are not in any way trying to limit the public’s right to testify and give testimony; what we are trying to obtain is flexibility in the scheduling, so that we can accommodate witnesses that may be flying in from out of town or even the parties’ schedules, so that the Commission can start business early and start taking evidence on subsequent days of hearings. And the public will still be given an opportunity to testify on the matter, but we are just trying to see if we could do that after on subsequent days. Today you guys will be giving public testimony right after we answer this question; but for subsequent days we want the flexibility to be able to take your public testimony at the conclusion of evidence, to give us flexibility in, you know, juggling everybody’s schedules – the parties’ and the public’s. So I guess at this time, if the attorneys for the parties would like to put their positions on the record regarding this request. P. OLSON: Mr. Chair, we are amenable to doing that tomorrow and having public testimony be taken after the cases presented; however, we do have a concern. You know, while we do oppose this application, and there is public opposition which is in addition to our, the Crumrine’s opposition, as well as Petitioner Kanuha’s opposition to this. And there are separate community organizing going on and they put ads in the paper; they relied upon the publication and they are told to come in the morning, and a lot of them rely on, you know, the typical rules as far as testifying before the matter. And we had outside before – I don’t know whether the Commission members saw– we had maybe 60 or 70 people outside, and now the numbers have dwindled because they got continued, and that’s just our concern. If for some reason the hearing is continued from tomorrow, that the publication, if we can state that, you know, this is when public testimony is going to take place, you know, after the hearing at a certain time, so people can rely upon that. So that’s our concern – just the public’s input being taken into consideration as well. But that’s said, we are amenable to taking the testimony afterwards. HOUSEL: So you are in agreement with the -? P. OLSON: Yes. HOUSEL: Okay. YEH: Yes, Mr. Chairman, we are in agreement also. And I think just as long as we have the right to, you know, make comment or argument after the close of all the public testimony and evidence that comes in, I’m fine with that. Thank you. SELF: Yes, the Planning Director is in agreement as well. Thank you. HOUSEL: Okay, I guess, let the record show that we have an agreement to -. GHALAMFARSA: I’m also in agreement, Mr. Chair. 3 EXHIBIT D