228 Ms. Kurtz

228 230 1 MS. KURTZ: In my other life I worked with a 1 MS. PINETTE: We will keep an ongoing list, and 2 government agency, and because the way the government is 2 please let me know if I've missed anything. Of course I would 3 structured, projects that they do cost four to five times more 3 suggest that we continue going through this document starting 4 than could be done on a private level. 4 tomorrow morning and then circle back to the issues that are on 5 I was just wondering if you could provide us 5 my list. 6 information about the stewardship and the monitoring and the 6 MR. KREISMAN: Mr. Chair, if I could make a 7 care of these lands from a private perspective versus a public, 7 recommendation just to move things along on the balance and the 8 we're going to have a fund that's developed to carry out all 8 legacy, which is we've been moving page-by-page on these 9 these activities, where are we going to get more bang for our 9 issues, which, we have identified, made necessary to go 10 buck? What's the most cost effective way to use that fund, by 10 page-by-page, but I think the staff and consultants would be 11 a private entity or public? 11 happy just if there are issues that Commissioners want to know 12 MR. KREISMAN: I'll leave it Jerry to advise you as 12 about that can test whether that -- take some things off the 13 to whether we provide you that information during the comment 13 table or maybe everything on the table we really do need to go 14 period or whether that issue is subject to comment from State 14 there. 15 agencies and private parties. 15 CHAIRMAN HARVEY: Okay, thank you. We'll see you 16 MR. REID: I think the latter approach is the way to 16 tomorrow morning at 8:30. Thank you. 17 go. Hopefully all the parties were listening intently for your 17 * * * * * 18 request for information, and they'll have an opportunity to 18 (The deliberation was suspended on May 27, 2008 at 19 educate the Commission on that subject. 19 5:30 p.m.) 20 It's an entirely appropriate subject for parties to 20 * * * * * 21 comment on. 21 (The deliberation resumed on May 28, 2008 at 22 CHAIRMAN HARVEY: I think with that, Aga, we probably 22 8:36 a.m.) 23 better not launch into another long discussion. 23 * * * * * 24 MS. PINETTE: I think that's a good idea. 24 CHAIRMAN HARVEY: All set, Rebecca. Good morning 25 CHAIRMAN HARVEY: We have five minutes left. We'll 25 everyone. Just before we start I'm going to try to explain 229 231 1 never make it. 1 something I know nothing about, it's the computers. What we 2 MS. PINETTE: Given the dialogue, maybe I can quickly 2 think the problem was yesterday was we were trying to broadcast 3 run through the list of issues that we have identified as what 3 on the Internet, and when all of you showed up and turned your 4 the Commission wanted to circle back to and continue dialogue 4 computers on, we sucked up all the broadband, whatever that is, 5 on to make sure I haven't missed anything so that we can do 5 the capacity that's in the building. 6 some planning with respect to how we will time tomorrow's 6 So for -- this also works on the wireless system, and 7 discussion. 7 what we've done is we really need to have you -- if you are 8 What I have on my list is continuing discussion on 8 on-line, if you just want to record, you can turn off your 9 Lily Bay, discussion on 10.25,Q,3 the subdivision layout and 9 wireless that would be helpful. 10 design standards, which we will be prepared to provide you with 10 If you need to be on-line we've somehow set up 11 some illustrations that contextualize the approaches we're 11 another room that has another network on it that you can go to 12 talking about. 12 and you can hear everything that's going on, you just won't be 13 I was unclear whether the Commission wished to circle 13 able to see us, which is probably something that's not of 14 back to further discuss the total number of units at this 14 concern to you anyway. As long as you can hear what we have to 15 point. 15 say. 16 CHAIRMAN HARVEY: If everybody's happy, I'm happy. 16 I think if we can use the use of the -- let this 17 MS. HILTON: I think I would like to just put that on 17 network have what it needs to operate, we will be able to 18 the list sort of at the end, okay. 18 successfully broadcast to the rest of the world. The same goes 19 MS. PINETTE: Sure. And then I'm assuming that this 19 for our own computers, here. Make sure you turn off your 20 issue of who the holder of each of the easements should be. It 20 wireless because these will connect automatically if you don't. 21 should be a discussion item to revisit perhaps after we get 21 Is that a sufficient explanation? 22 through the terms of the easements and the issues related 22 All right, with that said, I guess there's nothing 23 thereto. 23 else. We're going to go all day if we need to, and we have no 24 CHAIRMAN HARVEY: We still have a lot of easement 24 restrictions on getting out of here tonight other than our own 25 stuff to talk about. 25 capacity to be here. 06/03/2008 05:04:45 PM Page 228 to 231 of 437 58 of 180 sheets 232 234 1 We're going to start right out with the conservation 1 between the holder and the landowner? Do we weigh into the 2 easement discussion we were engaged in yesterday afternoon, and 2 easement language? How does that work? 3 I think we're picking it up with the third party holder 3 MR. KREISMAN: Our recommendation, 4 discussion, and Ron has a couple of comments he'd like to make 4 Commissioner Wight, is that in a number of cases you seek 5 before we get started to get us going here. 5 amendments, my belief is they're limited amendments, but you 6 MR. KREISMAN: Good morning, commissioners. Two very 6 seek amendments to the terms of the balance and indirectly -- 7 quick, one clarifying, one corrective comment. 7 not indirectly, but in the same way to the legacy easement, and 8 In the discussion yesterday on the holder, there was 8 the regulatory basis that we believe that that is justified -- 9 discussion about -- without putting words in Commissioners' 9 and Jerry may want to comment more on that -- is that you have 10 mouths, it appeared to me that regardless of who the holder 10 four regulatory criteria that direct the need for wildlife or 11 was, there was a desire for the third party backup holder to 11 recreation mitigation, for appropriate comparable conservation, 12 have equal rights to be able to step into the shoes of the 12 publicly beneficial balance. 13 holder, circumstances warranted. 13 So to the extent that the amendments that we are 14 I just wanted to clarify that it is my understanding 14 proposing and we have to justify that that's what they're doing 15 from record evidence it is both the intent of the current 15 as opposed to a wish list that, you know, Ron Kreisman may 16 holders, or the proposed holders, meaning the Forest Society 16 suggest for a client who's negotiated another easement but has 17 and TNC and the applicant, Plum Creek, that the third party 17 nothing to do with this proceeding; but to the extent that the 18 holder, regardless of who holds the -- has the exact same 18 changes we're proposing there is a nexus or a connection to the 19 rights as the holder and that their view is that the easement 19 changes that we're proposing fulfilling regulatory 20 documents provide that right now. 20 requirements, our view is that the recommendations are very -- 21 I think there is, in one of the documents, slight 21 very much have the authority to propose changes in language. 22 question in one paragraph as to whether those rights are equal, 22 Jerry, you may want to comment on this. 23 but that's really a small housekeeping deal. 23 MR. REID: I would endorse what Ron has to say about 24 So, point No. 1 is there's no record evidence 24 that. The easements are a very important part of the proposal, 25 whatsoever that the intent of any of the parties involved in 25 and the Commission needs to find that they're adequate to deal 233 235 1 that part of this for the third party holder to have any less 1 with what they purport to do in every way in their terms, in 2 rights than the holder, although in a secondary way, and that 2 substance and the procedures that are incorporated into that.

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