2016-07-21 Leeward Exh B (Amend SMA 05-007)

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BRILHANTE: And again, I’m going to raise an objection to the procedure. Understanding the petition for standing is subject and particular to the original applicant, it’s subject to the applicant, my concern is, why are we going to consider discussion from outside members of the public regarding this particular applicant’s petition for standing? Standing is only granted, if the applicant, or the petitioner, can show that they have a unique, or individual interest in the application, and that the interest is distinguishable from that of the general public. So that seems almost counterintuitive to allowing public testimony regarding the petition for standing. I think the standing is, should be considered individually to the applicant. UNGER: Okay. Very good, I understand what you are saying and I do agree with what you are saying. So what we are going to do is to go ahead and close this portion of the hearing, and then we will open it up for a motion. The public will, and like what Mr. Patel was saying, once a decision is made for the petition for standing, or not, will determine the direction we take; if the petition for standing is granted, depending on what we do, public testimony will be heard; if it’s not, then we will continue with our hearing, and at that time the public will have an opportunity to testify. So we will go ahead at this time, ask the applicant, petitioner and County to step down, and we will go ahead and I will ask for a motion from the Commissioners specific to the petition for standing. So, Commissioners, if there are any more questions, this is your opportunity to ask. If not, the floor is open for a motion. CARR SMITH: Chair Unger, I’d like to make a motion. I move that the petition for standing be denied based upon the record the petitioner has not established that her interest is clearly distinguishable from that of the general public or that the proposed action would cause her actual or threatened injury. KAHOLO: Second. UNGER: We have a second. Commissioners, we have a motion on the table. It is open for discussion. CARR SMITH: I just want to say, Chair Unger, that I respect and appreciate her opinion about things, but I don’t think it’s any different from any other member of the public that has concerns as well, so that’s my opinion. KAHOLO: Yeah, I, my question is to Ms. Michaels \[McMichael\]. Your data, how updated is it? The report you got — can you come up forward so I can talk to you, please? I’ll state my question again. That traffic data that you gave earlier, what were the dates that you received those traffic updates? MCMICHAEL: On the Kahalu‘u or the — KAHOLO: Whatever — MCMICHAEL: Oh, okay — KAHOLO: — whatever data you have there. 12 EXHIBIT B