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about 1,400 feet north of the Queen Ka`ahumanu Highway - Kuakini Highway intersection,
<br /> Puapuaaiki 1st and Puapuaanui 1st, North Kona, Hawaii, TMK: (3) 7-5-017:001.
<br /> Secretary's Note: "- - -" indicates that there were technical and/or internet difficulties, which made
<br /> the conversation inaudible.
<br /> CARR SMITH: We are moving on to Agenda Items 4 and 5 of which I will read into the record.
<br /> We know these are long:
<br /> Agenda Item No. 4, the applicant is Suffolk Investment LLC. It's AMEND REZ 2004-000024.
<br /> This is a continued hearing on the application to amend Condition B, Time to Pay Water Deposit;
<br /> Condition C, Time to Complete Construction; Amend Condition D, Delete Rental Housing
<br /> Restriction; Amend Condition E, Delete Requirement for Supplemental TIR, TIAR; Amend
<br /> Condition F, Roadway Improvements; Condition H, Location of Spine Road within the Project Site;
<br /> Condition I, Kuakini Highway Improvements; Condition U, Requirement of a 5-acre School Site and
<br /> Improvements; Condition V, Fair Share; Condition X, Affordable Housing Requirement and Change
<br /> Housing Program Approving Authority; and, Condition Z, Administrative Time Extension. This is
<br /> all of Ordinance No. 05-113, which reclassified the 14.872-acre property from Agricultural-5 acres
<br /> to Multi-Family Residential-2,500 square feet in 2005. Subject property is located west of Queen
<br /> Ka`ahumanu Highway and east of Kuakini Highway and the Kahakai Estates Subdivision,
<br /> approximately 2,200 feet north of the Queen Ka`ahumanu Highway-Kuakini Highway intersection,
<br /> Puapuaaiki 1st, North Kona, Hawaii. TMK is (3) 7-5-017:019.
<br /> Agenda 5, the item agenda No. 5 is the applicant Puaa Development LLC. This is AMEND REZ,
<br /> Rezone, 2004-000025. This is a continued hearing on an application to amend Condition B, Time to
<br /> Pay Water Deposit; Condition C, Time to Complete Construction; Condition E, Delete Requirement
<br /> for Supplemental Traffic Study; Condition F, Roadway Improvements; Condition H, Location of
<br /> Spine Road; Condition I, Kuakini Highway Improvements; Condition V, Requirement for a 5-Acre
<br /> School Site and Improvements; Condition W, Fair Share Contribution; Condition Y, Affordable
<br /> Housing Timing; Condition Z, Housing; and, Condition BB, Administrative Time Extension, of
<br /> Ordinance No. 05-115. This ordinance reclassified the 14.973-acre property from Ag-5 to
<br /> Neighborhood Commercial-2,000 [20,000] square feet in 2005. Subject property is located west of
<br /> Queen Ka`ahumanu Highway and the Pualani Estates Subdivision, and about 1,400 feet north of the
<br /> Queen Ka`ahumanu Highway-Kuakini Highway intersection, Puapuaaiki 1st, North Kona, Hawaii.
<br /> TMK is (3) 7-5-017:001.
<br /> Okay. Before we get into the staff presentation, I want to take a moment to mention a concern that I
<br /> have; we received written testimony from Commissioner Van Pernis that caused me to think that the
<br /> Commissioner could have a conflict of interest in this case. Mr. Van Pernis, do you feel that you can
<br /> be fair and impartial in this case?
<br /> VAN PERNIS: I don't know what conflict of interest you are referring to. I'm sure I could be fair
<br /> and impartial. If you are referring to the deposition of Mr. Cook that I took, I took that on behalf of
<br /> [inaudible]Watson. I did not represent Mr. Cook, would not represent Mr. Cook. I saw first
<br /> Mr. Cook at that time. That was five or ten years ago. So, I, there's certainly no conflict of interest
<br /> here.
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<br /> EXHIBIT C
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