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ayes (Watanabe, McCall, Alameda, Iwashita and Graham) and three absent and excused <br />(Galdones, Rho and Siracusa). <br />SPP 05-000015 The Commission took this item up at 11:30 a.m. with <br />DANIEL IBBETSON one person from the public in attendance. <br />TH <br />KAOHE 5 <br />SOUTH KONA <br />Discussion and review of the Third CircuitCourt’s Order Reversing Decision of the <br />Planning Commission and Remanding Case to Agency for Further Proceedings dated <br />December 22, 2006, in Civil No. 06-01-037K, and further proceedings and consideration <br />consistent with that Order, on the application of Daniel Ibbetson for a Special Permit <br />(SPP 05-000015) to operate a 2-unit bed and breakfast establishment on 0.722 acre of <br />land situated within the State Land Use Agricultural District. The property is located <br />along the west (makai) side of Mamalahoa Highway (Highway 11), approximately 120 <br />th <br />feet south of the Kaohe Road-Mamalahoa Highway intersection, Kaohe 5, South Kona, <br />Hawaii, TMK: 8-7-9:14. <br />(SEE EXHIBIT D) <br />EXECUTIVE The Commission went into executive session at 11:45 a.m. <br />SESSION by a motion made by Commissioner Watanabe, seconded <br /> by Commissioner Alameda, and carried with five ayes <br />(Alameda, Graham, Iwashita, McCall and Watanabe) and three absent and excused <br />(Galdones, Rho and Siracusa). The executive session was to discuss with its counsel its <br />actions in response to the Third Circuit court’s Order Reversing Decision of the Planning <br />Commission and Remanding Case to Agency for Further Proceedings on the application <br />of Daniel Ibbetson for a Special Permit (SPP 05-000015). The Commission came out of <br />executive session at 12:03 p.m. by a motion made by Commissioner Iwashita, seconded <br />by Commissioner Alameda, and unanimously carried by a voice vote of all <br />Commissioners in attendance. <br />MINUTES The Commission took this item up at 12:03 p.m. with <br /> no one from the public in attendance. <br />December 6 and 7, 2006 – It was moved by Commissioner Alameda and seconded by <br />Commissioner McCall that the minutes be approved as circulated. Motion was <br />unanimously carried by a voice vote of all Commissioners in attendance. <br />ADMINISTRATIVE The Commission took this item up at 12:04 p.m. with <br />MATTERS no one from the public in attendance. <br />Status of appeals filed on Planning Commission decisions - Corporation Counsel – <br />Mr. Torigoe had nothing to report. <br />ANNOUNCMENT There was no announcement. <br />5 <br /> <br />