2012-10-18 Leeward Exh B - DPW Laaloa

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So it’s our sincere hope that the petition for a contested case hearing is granted; if it isn’t, I’m still going to offer the condition because if the condition is in there, then we may not have to appeal a denial. I hope it’s -. Are there any questions? GIFFIN: Yeah, I was just going to ask. Commissioners? Yes, Mr. Hickcox. HICKCOX: Mr. Vitousek, do the Clapps live here full-? VITOUSEK: No, not fulltime. They live here portions of the year. HICKCOX: How much time do they spend living here? VITOUSEK: My guess is they are here about a third of the year, Mr. Hickcox. HICKCOX: Okay, thank you. GIFFIN: Any other questions? Mr. Beaudet. BEAUDET: Mr. Vitousek, just for more clarity on my part, initially when you came up, you know, my take away from that was that the Clapps were petitioning for standing because of some delayed action on the Public Works’ side of improvements to La‘aloa; there were some commitments that they had committed to in the development of that stretch of road. VITOUSEK: Well, my, no, their concern was that they, that it was all treated as one project in this, and then, but they’ve never specified what their treatment of the lower portion of it is going to be. And, you know, even though he’s primarily concerned about what the treatment is in the lower portion, his concern is he wants those issues determined and resolved before they go ahead with the project. BEAUDET: Okay, so his, because, you know, on your return to the table, it appears that your client is now in opposition of this permit because of the threat of injury that he may have, should there be more traffic at the intersection of Ali‘i and La‘aloa. So is he, is your client in opposition of the completion of the road or is your client more concerned with how the connectivity with Ali‘i Drive is impacted and remediated once the completion of La‘aloa is finalized? VITOUSEK: My client stands to be injured or adversely impacted by the project. And my client wants to get into a process where he can have his input in a formalized way and he can advocate to the Commission that the Commission, if it grants a permit, that it includes conditions which protects his interest. And that’s, so the stage we’re at now is just a fundamental stage of showing whether he has an interest that’s different from the general public. And what position he takes in a contested case hearing will be up to him. I’m just sort of put in a position where I have to show that, what his injury is from this project, from this phase of the project. And that’s what I was trying to do. Basically, what we are trying to do is get in a situation where we can try to ensure that if a permit is issued, that includes conditions that protect the interest of Mr. Clapp and other people who are similarly situated in the area. GIFFIN: Thank you very much. Commissioners, any other questions of Randy? Ivan. 21 EXHIBIT B