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(SEE EXHIBIT D) <br />The Commission took the following item up at 3:26 p.m. with 2 people from the public in <br />attendance: <br />INITATOR: COUNTY COUNCIL (BILL NO. 125, DRAFT 3) <br />Amendment to Chapter 25 (Zoning Code), Article 2, Division 1, Section 25-2-4, Hawaii County <br />Code, 1983 (2005 Edition, as amended), relating to notification of surrounding property owners <br />and lessees of record for change of zone applications. <br />(SEE EXHIBIT E) <br />The Commission took up the following minutes at this time, 3:34 p.m., with two people from the <br />public in attendance. <br />MINUTES OF JANUARY 8, 2010 <br />The Chair stated approval of the minutes will be deferred to the next meeting so that the <br />BnllhrrhnmlrRdbqds`qxb`mqduhdvsgds`odradenqdhsr`cnoshnm- <br />Tim Rees noted there were procedural errors made regarding the County of Hawaii <br />Cdo`qsldmsneO`qjr`mcQdbqd`shnmlrSMA Use Permit 09-000036 and requested the <br />Commission reconsider its action of January 8, 2010. He noted that a motion was made by <br />Commissioner Iwashita and seconded CommissinmdqJdqmsn`ooqnudsgdChqdbsnqlr <br />recommendation and amendments were made during the deliberations. He said when the first <br />amendment was made Deputy Director Masunaga stated it was a friendly amendment; <br />however, his understanding of RobeqslrQtkdrneNqcdqhrsg`shsv`r`bst`kkx`rdbnmc`qx <br />amendment which take precedence over a main motion and requires a full vote of the body, <br />which was not taken and therefnqdqdmcdqrsgdBnllhrrhnmlr`btion invalid. He said although <br />the community felt they were fairly heard by the Commission and the Commission discussed <br />all the issues, and deliberated, he strongly advised the Commiss <br /> <br />Mr. Rees pointed out that another reason the Commission should reconsider its action is <br />because the applicant brought forward the financial issue about the loss of HUD money but <br />according to Noel Fujimoto who contacted the Honolulu HUD office, there is a one-year <br />grace period that has been verified on this project. <br /> <br />Mr. Rees said if there is a legal challenge, the courts generally defer to deliberative bodies; <br />gnvdudq+sgdBnllhrrhnmlr`bshnmrgntkcmnsg`udbeen based on false financial information. <br />He reiterated the solution is for the Commission to reconsider its action today, noting the <br />Commission can deliberate the merits of reconsidering but cannot go in depth into the issues of <br />the application, and the motion for reconsideration must be done today. <br />9 <br /> <br />