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Communication 2922 <br /> <br /> Bill 44, Draft 2 <br /> <br /> Page 2 of 2 <br /> At the December 4, 2007 Planning Committee meeting, Mr. Tim Rees of Hilo and Mr. Curtis <br /> Tyler of Kailua-Kona presented testimony. Mr. Tyler noted that when he served on the Council <br /> he recalled that due to the magnitude of the project area, the surrounding properties involved, <br /> and especially flooding issues, the measure received a negative recommendation. Mr. Tyler <br /> recommended that the Bi1144, Draft 2 be filed. <br /> Planning Director Yuen noted a communication received from Crystal K. Rose, of Bays, Deaver, <br /> Lung, Rose & Holma, attorneys representing applicant Richard M. Towill. The letter states that <br /> Mr. Towill would like to withdraw his zoning application, without prejudice. There was <br /> discussion among Council Members as to the difference between withdrawing the application as <br /> requested by the applicant and the filing of Bill 44, Draft 2 and related communications. It was <br /> determined that the Committee could not close file on Bi1144, Draft 2. County Clerk Jarman <br /> stated that if in fact it is the intention of the Committee members to close file on Bi1144, Draft 2, <br /> the matter should move out of Committee to the full Council with an unfavorable <br /> recommendation. <br /> A motion to approve this measure received six no votes. Pursuant to Council Rules, 5 aye votes <br /> are needed to pass a measure. Therefore the Committee on Planning forwazds Bill No. 44, Draft <br /> 2, to the Council with a negative recommendation. <br /> and <br /> AYES NOES A&E EX Respectfully submitted, <br /> FORD X <br /> HIGA X COMMITTEE ON P NNING <br /> HOFFMANN X <br /> H~DA X „/f~\1 ~ <br /> JACOBSON X ~ <br /> NAEOLE X K. ANGEL PILA , CHAII2 <br /> PH.AGO X <br /> YAGONG X PC REPORT NO. 58 <br /> YosxrnTOro x ADOPTED: DEC <br /> 1~~ <br /> <br />