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First Vice-Chairman Tanaka suggested Mr. Wurdeman's presence at the continued hearing. The meeting was turned over to Chairman Balog at this time. Ms. Mann suggested the B&B issue be handled under the home occupation declaration which would not go to the Commission. Mr. Giannini said the problem with home occupation is that it is supposed to be limited to things such as there will not be an increase in traffic or impact on the community. In response to Ms. Mann's comment that there was a court case that said a B&B establishment did not cause an increase in traffic, Mr. Giannini said he did not think it could be taken as a precedent and he thought the case was that there was no evidence on the record that there would be a traffic impact, noting in another court case the record showed there would be a traffic impact. RECESSED At 12:55 p.m., it was moved by Commissioner McIntosh and seconded by Commissioner Tanaka that the meeting be recessed at this time. Motion was unanimously carried by a voice vote of all Commissioners in attendance. RECONVENED The meeting reconvened at 2:22 p.m. CHANGE OF ZONE The Commission took this item up at 2:22 p.m. with JAMES MCCULLY approximately 18 people from the public in attendance. KEAAU, PUNA APPLICANT: JAMES MCCULLY - Continuation of the application for a Change of Zone by changing the district classification from Limited Industrial (ML-20) to Industrial-Commercial Mixed (MCX-20) for approximately 14.234 acres of land. The property is located approximately one mile east of the Keaau Town Center at the end of Milo Street, in the vicinity of the former Puna Sugar Company Mill site at Keaau, Puna, Hawaii, TMK: 1-6-3:5. Commissioner Souza rose to a point of order that a motion to defer or continue must be made before a final vote to approve or deny an application is taken, noting the Commission continued this item until today's meeting to hopefully have nine Commissioners present. Mr. Giannini explained that where the Commission's role is quasi-adjudicatory in manner or is a permitting agency, the practice has been if the Commission is unable to get five votes the action of the Commission was considered a denial; however, in the case of rezonings where the Commission's role is advisory, the practice has been to continue until the Commission could get a majority to make a recommendation to the County Council. Commissioner Souza recommended the Commission discuss this matter further under administrative matters. Commissioner Tanaka commented that the County Council is looking to the Commission to make a recommendation, as evidenced today where there are two rezoning applications which the County Council have sent back to the Planning Commission for review and -11-