|
adjudicated and when that’s the last one before you go to court. So, you know, technically I think we
<br />have to treat this generally as a contested case. And then exactly how that plays out, again, can be
<br />modified by agreement of the parties.
<br />
<br />AU: Thank you, Ivan. Any more questions for the County from my Fellow Commissioners? Okay,
<br />thank you. Oh, excuse me, is there any objections to the continuance by the applicant?
<br />
<br />LEITHEAD TODD: I have no objection to the continuance. And if the interpretation of the rules of
<br />the contested case is the appropriate vehicle, I have no objection to that. It was just that I wanted some
<br />clarification on the rules.
<br />
<br />BRILHANTE: And I think what the County’s position is going to be is that we have no objection to
<br />the continuance or the granting of the continuance as it relates to the application, the continuation of
<br />the application. However, the County is going to request that it reserve its right at the time, if the
<br />continuance is granted, to revisit the issue as to whether or not a contested case hearing is the
<br />appropriate course of action. So, yes, to the continuance, but we’re requesting that we reserve the right
<br />to address the issue of whether or not a contested case hearing is the proper vehicle.
<br />
<br />AU: Okay, thank you. Okay, Fellow Commissioners, so right now on the table we have a request for
<br />a continuance. So can I get a motion, ready to entertain one?
<br />
<br />TORIGOE: May I -?
<br />
<br />AU: Yes, go ahead, Ivan.
<br />
<br />TORIGOE: Thank you. If the continuance is granted, there are a couple of issues. One is how long;
<br />and the other one is at what point do you determine whether the Commission is going to hear the
<br />contested case or if you’re going to farm it out to a hearings officer? So my understanding after
<br />talking with your counsel is that, it seems that, you know, you want to have some kind of initial
<br />deadline, perhaps to continue it a month so that there is a deadline, you know, that they can work
<br />against. And then at that time they can come and share what progress has been made and, if necessary,
<br />you know, make final arrangements for whatever contested case procedures seem appropriate; and you
<br />guys can make that decision as to whether you are going to hear it yourselves or get a hearings officer.
<br />You may ask counsel if there is any agreement upon those proceedings.
<br />
<br />AU: If the applicant can come forward, as well as counsel. And, you know, maybe if we can just kind
<br />of look at a timeframe and see what the parties can agree upon before we make a motion.
<br />VITOUSEK: Yes, thank you, Mr. Chairman. On behalf of the applicant, you know, we have no
<br />objection to, you know, deferring the Commission's decision on whether or not to grant a contested
<br />case. That is really fine with us one way or the other. We are very confident that, you know, we will
<br />eventually be entitled to one. But what I'd like, what I'm asking for or on behalf of the applicant is just
<br />some time for us to try to sit down with the Planning Director and Planning Department to see if we
<br />can’t work it out. So, in my personal experience over the years people work better on short deadlines
<br />than long deadlines. In other words if we have a date that we are facing it is easier to get people to
<br />devote time to it. So we’d ask for a month's continuance; and we don't have any objection to deferring
<br />the question of whether we are entitled to a contested case to the next hearing.
<br />
<br />BRILHANTE: And the County is in agreement with that as well. We have no objection to deferring
<br />this matter as to whether or not a contested case hearing should proceed to a 30-day period of time.
<br />And we do look forward to having, you know, on-going discussion with the applicant, hopefully in a,
<br /> 8
<br /> EXHIBIT A
<br />
<br />
|