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HALL: We need a second first. <br /> CARR SMITH: Is there a second to that motion? <br /> KEALOHA: I'll second. <br /> CARR SMITH: Motion by Mr. Newberg and second by Mr. Kealoha. Discussion? <br /> VAN PERNIS: Yes, I'd like to move to amend the motion to include a condition that the public <br /> trail be, remain available to the public despite the passage of this, of the motion. <br /> UNGER: So we have a motion on the table to approve as recommended and a second, so I guess <br /> we should discuss that first, and part of that discussion can include Mr. Van Pernis's suggestion? <br /> Is that, is that something we can move forward on? <br /> CARR SMITH: Yes, thank you. Discussion? <br /> UNGER: I'll probably vote in favor of the recommendation as it is, and the record will note that <br /> we are talking about the public trail, and I would like to pass this up to the County Council for <br /> their final decision. We are a recommending body on this, as we know, and I'm okay with just <br /> letting the record show that there is a public trail issue and let them have that discussion at that <br /> point. And I'm okay with moving it forward. So I will be voting yea on the motion. <br /> CARR SMITH: Thank you. <br /> VITOUSEK: Yeah, I feel like it's in an unusual situation where, you know, we, I don't feel like <br /> we can make a commitment on this parcel to keep the public trail open over private land when <br /> the parcel makai could shut it off at any time for any reason. I think that a more permanent <br /> solution needs to happen with access off of the road up above into the forest reserve. And so I <br /> would be happy to go along with the motion as recommended. <br /> KEALOHA: I support it as well. There is a public access point on the next street above. It <br /> actually provides signage from the DLNR. I use both trails to be frank, and, but there is a public <br /> access point, so for that reason, I don't know that it would be fair to obligate this owner to serve <br /> that purpose. <br /> CARR SMITH: I also support the motion, especially based on what Mr. Kealoha just said; very <br /> likely the trail may just be a trespassing trail, so. Any other comments? [None.] Can we please <br /> vote on the motion? <br /> KAY: Yes, thank you, Madam Chair. I just want to clarify; the Director's recommendation is <br /> again to delete the condition around the archaeological study and then re-letter. Mr. Newberg, <br /> that was your understanding with your motion? <br /> NEWBERG: Correct. <br /> KAY: Okay, thank you. All right. Commissioner Newberg? <br /> 6 <br /> EXHIBIT A <br />