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CARR SMITH: Mike? <br />VITOUSEK: No, I don't want to see that. I think that's staff, they got a handle on that. I think <br />we want to look at the overall permit if non-compliance after five years. <br />KAY: Okay, thank you. <br />CARR SMITH: So we made adjustments to Conditions N and O, and we added to Condition R. <br />Christian. <br />KAY: I was just going to point out that we, we re -added Conditions N and O, and then made a <br />change to Condition R, but because when we deleted those prior conditions and re -lettered <br />everything, it's changed everything. So if it's okay with the Commission, I will just re -letter <br />them as appropriate. <br />CARR SMITH: Oh, okay. Yeah. So you're going to put back N and O with some amended <br />language, re -letter everything, and then add to the last condition. <br />KAY: Correct. <br />CARR SMITH: Okay. Thank you. All right. We move along then. This would be—Mike. <br />VITOUSEK: Is it okay to make a motion? <br />CARR SMITH: I just wanted to make a comment that public testimony would fall in here, and <br />we received none. I want to make sure from staff that there is no additional testimony on this <br />agenda item. <br />KAY: That's correct. Today we haven't received anything. <br />CARR SMITH: Okay, very good. Yes, please, let's move toward action, go ahead, Mike. <br />VITOUSEK: With that I move that a favorable recommendation be forwarded to the County <br />Council on the applicant's request for a time extension to Condition D, time to complete the <br />construction, of Ordinance No. 09-159, as amended, based on the Planning Director's <br />recommendation, which shall be, I guess, which shall be adopted, as amended. <br />CARR SMITH: Very good, thank you. Is there a second? <br />KEALOHA: I will second. <br />CARR SMITH: Perry. Sorry, I saw Max's hand, and I heard Perry's voice. I'm going with the <br />voice just because. Okay, so Perry is second. So it's a motion moved by Commissioner Mike <br />Vitousek, seconded by Commissioner Perry Kealoha, as stated. Any discussion? Seeing none, <br />staff, could you proceed with roll call please? <br />19 <br />DRAFT <br />