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AU: In the mean time can I ask a question for staff while -? <br /> <br />KERN: Who? Daryn? <br /> <br />AU: It doesn’t matter, Jeff or whoever. <br /> <br />KERN: Jeff. <br /> <br />AU: This letter we got from Paul and Patricia Craft, who lives in Florid a, where is their property located? Just <br />curious. <br /> <br />DARROW: I’m not sure -. <br /> <br />FISCHER: Their property is right about here. <br /> <br />AU: Okay. Any minutes -? I guess, Mr. Chair, question for the testifiers or to the Association. Any, at the <br />meetings of your Association, or is appropriate to ask? They’d have to come to the -? <br /> <br />KERN: Let’s hold off one second cause we’re right in the middle of figuring out the contested case. And then <br />after that we can get to that. <br /> <br />AU: Okay. <br /> <br />KERN: Thanks. So what Julie is going to do is she’s going to read the criteria for standing in a contested case, <br />so we refresh our memory as Commissioners of what that is so that we make a decision to either give standing <br />or not. Julie. <br /> <br />MECKLENBURG: Okay, so under Rule 4-6 of the Commission’s rules, Subsection b states that upon receipt of <br />a written request to intervene, the Commission, at the first meeting on the matter, shall hold a hearing on the <br />written request. And you all have the written request in your binders. The petitioner shall be admitted as a party <br />if he can demonstrate that his interest is clearly distinguishable from that of the general public; or Government <br />agencies whose jurisdiction includes the land involved in the subject request; or they have some property <br />interest in the land or lawfully reside on the land; or even though they do not have an interest different than the <br />public generally, that the proposed action will cause them actual or threatened injury in fact; or basically that <br />they are descendants of native Hawaiians. So I believe that the reasons being asserted by the petitioner for <br />standing today is that his interest is distinguishable from that of the general public and that the proposed action <br />will cause him actual or threatened injury in fact. And so I think the Commission can start by hearing the <br />justifications or the support for those assertions from the petitioner. And then you will need to make a decision <br />on whether or not to grant standing on those bases. <br /> <br />KERN: Great. So state your case for standing. <br /> <br />FISCHER: For standing, yes. Well, basically I’m, that’s my lot right there, this over here. That would be 250 <br />feet from my house. Basically it’s like putting the thing in my living room, you know, essentially. It would <br />devalue my property. Who would want to live next to a pole that close? There are other concerns in regards to <br />this. For example, the way I understand the plans, it is a monopole. It’s one monolithic pole; and that would <br />fall to one direction versus collapsing straight down. The rays, the rays that are attached to that, if they fall, <br />bounce off, it could bounce off onto my roof potentially. I mean that is physical. The other thing is if it should <br />fail, you know, access to the community center, it would impede the right-of-way to get into the center for <br />safety. Those are just some of the issues. I mean my general interest is for Puna as a whole. It’s for Leilani. <br />I’m not opposed to a cell tower in Leilani, just at the community center. This is a place of safety that people go <br />12 <br /> EXHIBIT B <br /> <br /> <br />