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this procedural posture, that the application be denied just based on what appears to be, clearly, you know, in conflict with the Dalton decision and the ruling in that case, or taking into consideration the fact of the condition precedent and that if theres going to be a change to the General Plan, then lets process that; and then if thats approved then the application can be refilled. But thats the way its supposed to be done, and to say that we can try and, you know, what were talking about is trying to figure out how to get away, and, you know -. I for one have contributed a lot to the profitability of Big Island Candies and I was sincere in saying earlier that, you know, I wish the company more and more success, even though that probably means Im going to put on 10 pounds in the next couple of years if thats the case. But in terms of what we have to do and the practices we have to follow and the procedures we need to take care of in accordance with the law and the Supreme Court decisions, you know, I really cannot support going down this road the way were going down; and we need to do it in the right way. ALAMEDA:All Right. Commissioner Salavea had this hand up; and then well go on theleftside.Mr.Salavea. SALAVEA:Thankyou,Mr.Chair.Intermsofgettinginformationfromtheapplicant about the proposed expansion or the uses for the rezoning of the parcels and hearing what Director Yuen had on his vision of the area and how he saw development occurring there, I am satisfied on the face of the application that I have not any major opposition to the application itself. However, the issue raised by Mr. Frankel regarding the legality of the action that were taking, I wouldnt feel comfortable passing, even provisionally passing, or putting forth a favorable recommendation to the County Council, only because I dont think we have a strong enough or, we dont have an opinion as of yet from Corp. Counsel. And until that issue is clarified for me I wouldnt feel comfortable even provisionally putting forth a favorable recommendation. ALAMEDA:Commissioners, Im kind of feeling the energy that the motion could go either way. If the motion goes to deny the recommendation made by the Department, just keep in mind that we would have to state some clear reasons for that. Commissioner Siracusa. SIRACUSA:Well, in terms of expediting this, and we do want to move thing along today and we dont have a motion on the floor yet and, of course, if somebody makes a motion at this point, no matter what the motion is, we can continue discussion. So just to, based on that I will make the motion that the rezoning be denied, that an unfavorable recommendation be passed up to the Council; and then lets take it from there and see how this moves along. ALAMEDA:Let me check with Corp. Counsel. Will we need specific reasons for that, or could we start with it then and continue to the second and move forward? TORIGOE:Well, it would be preferable if there were specific reasons stated along the way. And along the way, of course, in discussion you can elaborate on those. But basically you want to make sure that the Council gets a record of the reasons why this is happening. ALAMEDA:Okay. Commissioner Siracusa? 33EXHIBIT C