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CARR SMITH: Mike? <br /> VITOUSEK: No, I don't want to see that. I think that's staff, they got a handle on that. I think <br /> we want to look at the overall permit if non-compliance after five years. <br /> KAY: Okay, thank you. <br /> CARR SMITH: So we made adjustments to Conditions N and O, and we added to Condition R. <br /> Christian. <br /> KAY: I was just going to point out that we, we re-added Conditions N and O, and then made a <br /> change to Condition R, but because when we deleted those prior conditions and re-lettered <br /> everything, it's changed everything. So if it's okay with the Commission, I will just re-letter <br /> them as appropriate. <br /> CARR SMITH: Oh, okay. Yeah. So you're going to put back N and O with some amended <br /> language, re-letter everything, and then add to the last condition. <br /> KAY: Correct. <br /> CARR SMITH: Okay. Thank you. All right. We move along then. This would be—Mike. <br /> VITOUSEK: Is it okay to make a motion? <br /> CARR SMITH: I just wanted to make a comment that public testimony would fall in here, and <br /> we received none. I want to make sure from staff that there is no additional testimony on this <br /> agenda item. <br /> KAY: That's correct. Today we haven't received anything. <br /> CARR SMITH: Okay, very good. Yes, please, let's move toward action, go ahead, Mike. <br /> VITOUSEK: With that I move that a favorable recommendation be forwarded to the County <br /> Council on the applicant's request for a time extension to Condition D, time to complete the <br /> construction, of Ordinance No. 09-159, as amended, based on the Planning Director's <br /> recommendation, which shall be, I guess, which shall be adopted, as amended. <br /> CARR SMITH: Very good, thank you. Is there a second? <br /> KEALOHA: I will second. <br /> CARR SMITH: Perry. Sorry, I saw Max's hand, and I heard Perry's voice. I'm going with the <br /> voice just because. Okay, so Perry is second. So it's a motion moved by Commissioner Mike <br /> Vitousek, seconded by Commissioner Perry Kealoha, as stated. Any discussion? Seeing none, <br /> staff, could you proceed with roll call please? <br /> 19 <br /> EXHIBIT B <br />