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here and it's four to one in favor of the application, that still is a negative <br /> recommendation. If after that vote, if you take a vote like that, just for example, and I'm <br /> not saying that that's what's going to happen, if you take a vote like that today, the <br /> Applicant can either say, we will take it up to the Council with that vote and that <br /> recommendation because the time has run out, or they could elect to stay here at the <br /> Planning Commission and ask for a revote when there are more Commissioners. That <br /> would be up to them. <br /> SPRINGER: Question? <br /> FUJIKAWA: Springer. <br /> SPRINGER: Is the converse then true if the motion were to forward an <br /> unfavorable recommendation to the County Council and that fails to pass, would that, <br /> what would that be? <br /> YUEN: That would be, it'd be an unfavorable recommendation, today it <br /> would be, because of there only being five Commissioners here. But if you had a motion <br /> to have an unfavorable recommendation and say four people voted in favor of that, I <br /> think as a matter of formality, we would still ask for the second motion for the favorable. <br /> And, but if the vote was then one to four on that one, then that's an unfavorable, it's an <br /> unfavorable recommendation. Anything less than five is an unfavorable <br /> recommendation. But to give the Council a full picture, we tell them what the vote was <br /> so that they understand. If it was done by less than a full Planning Commission, they can <br /> look at that, and they can, it's available as information to them. <br /> FUJIKAWA: Do you understand? <br /> SPRINGER: Mr. Chair, I understand that I will be making no motion on this <br /> agenda item. <br /> FUJIKAWA: Any questions, Commissioners, with any of the Applicant's <br /> representative, testifier or the Director? If not, Commissioners, what do you want to do? <br /> You have something to say, Pam? <br /> HARLOW: Yes, thank you, Chairman Fujikawa. We'd like to respond to <br /> Mr. Clausnitzer's allegations, if that's possible? <br /> FUJIKAWA: You may go ahead. <br /> <br /> PACK: Well, I think that I would leave most of the response to Pam but I <br /> <br /> would just like to say that I am livid. I am totally furious. His quote, "intent to defraud," <br /> <br /> his attorney made a similar allegation in the letter. He did not buy the property from us, <br /> so there was no obligation from us to disclose anything to Mr. Clausnitzer. However, we <br /> got a copy of the disclosure which he signed which said that we may well be applying for <br /> 14 <br /> <br />