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DARROW: Thank you, Mr. Chairman. As you had mentioned, this is an action <br />meeting. Just to clarify, at our last meeting there was a motion to approve, which did not pass, <br />four to three votes. Since our last meeting the Planning Department has received numerous <br />letters as well as a letter from Council Member J Yoshimoto requesting for a continuance of <br />today’s hearing. <br />WOODWARD: Let me ask our Counsel, since he has been very quiet today, whether we <br />can do that, the continuance. Evidently, the Chair of County Council has asked for a <br />continuance. Can we do that? <br />GONZALEZ: Well, you can continue it, but if your next meeting date falls beyond the <br />90 days where action is supposed to take place, then it’s going to be an automatic approval, <br />because by law, Hawai‘i Revised Statutes 91-13.5, you are supposed to make a decision to <br />approve or not to approve within 90 days. The 90 days is established by your own Rules; if you <br />are unable to do so, the application shall be deemed approved. <br />WOODWARD: And we are almost at 90 days, are we not? <br />th <br />DARROW: Correct. Our date that we were beginning from is December 24, so <br />th <br />March 24 would be the 90-day deadline. <br />WOODWARD: Let’s see, four days. Well, it isn’t going to happen then, is it? So it’s, you <br />know, it’s up or down today, and if we don’t make a decision, the Use Permit is approved. <br />That’s just the Statute. That’s the way the cookie crumbles. Okay. Jeff? <br />WATANABE: Mr. Chair? <br />WOODWARD: Yes, sir. <br />WATANABE: Jeff, I wonder if you could go back to the – I have the transcript, but we <br />did have, I believe, a revised condition in that motion with regard to the building of the <br />monopole as far as design is concerned and approval by the Planning Director – and I was <br />wondering if you could re-read that, please. <br />DARROW: Sure. This was going to be an addition to our final plan approval <br />condition, which would state, “The tower shall be painted in a manner to blend with the <br />surrounding area, meeting with the approval of the Planning Director.” <br />WATANABE: Thank you. With that, Mr. Chair, if I might? <br />WOODWARD: Yes, sir. <br />WATANABE: I move that Use Permit Application -. <br />WOODWARD: Well, we have one public testifier, and I’ve consulted with our <br />Corporation Counsel, and he tells me that we ought to conduct this in the usual fashion where we <br />EXHIBIT C <br />2 <br /> <br />