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The Commission took up these two items simultaneously at 9:32 a.m., with approximately <br /> 22 people from the public in attendance. Eight public members provided testimony regarding <br /> this item. <br /> At 10:40 a.m. it was moved by Commissioner Carr Smith and seconded by Commissioner <br /> Kealoha that"the Commission enter into executive session to consult with its attorney regarding <br /> questions and issues pertaining to the Commission's powers, duties, privileges, immunities and <br /> liabilities pursuant to HRS 92-5." A voice vote was taken and the motion carried with all in <br /> favor. The room was cleared and the Commission went into executive session at 10:42 a.m. <br /> At 11:04 a.m. it was moved by Commissioner Kealoha and seconded by Commissioner Yates <br /> that the Commission go out of executive session. Upon a voice vote,the motion carried with all <br /> in favor. Chairman Unger called a short recess. The meeting was reconvened at 11:08 a.m. <br /> Action: It was moved by Commissioner Vitousek and seconded by Commissioner Kealoha that <br /> the Commission "grant the West Hawaii Surfing Association standing in a contested case based <br /> on their indicating that they will be representing their member, Keawe Alapai, who has displayed <br /> a genealogical connection to the property." A roll call vote was taken and motion carried with <br /> five ayes (Vitousek, Kealoha, Carr Smith, Yates and Unger), no noes, and one absent and <br /> excused (Church). <br /> It was also moved by Commissioner Carr Smith and seconded by Commissioner Yates "that the <br /> Commission hear the case." A roll call vote was taken and motion carried with five ayes <br /> (Carr Smith, Yates, Kealoha, Vitousek and Unger), no noes, and one absent and excused <br /> (Church). <br /> [SEE HEARING TRANSCRIPT EXHIBIT AJ <br /> 3. INITIATOR: PLANNING DIRECTOR <br /> An ordinance amending Chapter 25 (Zoning Code), Articles 2 and 5 of the Hawaii County <br /> Code 1983 (2016 Edition, as amended), relating to amusement and recreation facility, indoor <br /> within the Neighborhood Commercial (CN), Limited Industrial (ML) and General Industrial <br /> (MG) zoning districts and relating to major outdoor amusement and recreation facilities in <br /> the Single-Family Residential (RS), Double-Family Residential (RD), Multiple-Family <br /> Residential (RM) and Neighborhood Commercial (CN) zoning districts. <br /> The Commission took up this item at 11:31 a.m., with approximately eleven people from the <br /> public in attendance. There was no one who wished to testify regarding this item. <br /> Action: It was moved by Commissioner Carr Smith and seconded by Commissioner Kealoha <br /> "that a favorable recommendation be forwarded to the County Council on the ordinance <br /> amending Hawaii County Code Chapter 25, based on the Planning Director's recommendation, <br /> which shall be adopted." A roll call vote was taken and motion carried with five ayes <br /> (Carr Smith, Kealoha, Vitousek, Yates and Unger), no noes, and one absent and excused <br /> (Church). <br /> [SEE HEARING TRANSCRIPT EXHIBIT BJ <br /> 2 <br />