2016-09-15 Leeward Exh B (SMA 16-063)

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UNGER: Thank you. Commissioners, are there any questions to the petitioner? Carr Smith. CARR SMITH: Good morning. MCMICHAEL: Good morning. CARR SMITH: So you stated that you like Number 2 better and Number 3 is your next choice. You have issue with Number 1 that was selected through the proper process? MCMICHAEL: Well, just because they are on the Big Island, and I read through the, I read through them and they’ve had a lot of workings with the County here. And I, being a party to this, I just feel that I just don’t want any conflict, that’s all. And I feel it’s fair. And I’m working by myself, so I know what I’m up against, so. CARR SMITH: And you also feel that there is some reason why the procedure that the County typically follows is not the right procedure to follow in this case? MCMICHAEL: Well, because when I asked who were the hearing officers, I wasn’t given an answer. And I just feel it wasn’t fair, and just that word saying “in this instance,” so I asked, well, how was the others handled, why is my instance different than others? So it made me feel kind of awkward, so then I looked it up, and it said that the Commission makes a decision, and that’s what red-flagged it. And I, you know, like I said, it’s a big file. CARR SMITH: One last thing. UNGER: Go ahead. CARR SMITH: Was the procurement delegation from 2015 shared with Ms. McMichael? Is she aware of that so that — MCMICHAEL: I just, I just got this — CARR SMITH: — she understands. MCMICHAEL: — yesterday, and I read through it, and I have no objection — CARR SMITH: Okay. Thank you. MCMICHAEL: — at all. UNGER: Commissioner Church. CHURCH: My only question here is that in her letter, this is maybe for Daryn, is that she cites that by designating the Deputy Planning Director, which is permitted under the Procurement Code, okay, but then down below, it says, “The County Planning Rules Contested Case Procedure Rule No. 4,” “’Hearing Officer’ means a person or persons duly designated and 3 EXHIBIT B