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GOMES:Yeah, well, whose ever private property it€s on. But on both sides <br />there is debris grates so that you can have so much debris, you know, it€ll pick up the <br />debris before and after, or if it enters -. And there€s grates on both sides so that animals <br />can€t go in or children, and to pick up the debris. <br />SPRINGER:Commissioners, any other questions of Mr. Gomes? Thank you. <br />Commissioners, any further discussion with the Applicant€s representative? I have a <br />question. Mr. Moore, with regard to water then moving off of the subject property, are <br />you in discussion with the landowner onto whose property the water runs? <br />MOORE:You know, again, the requirement is that we cannot change the <br />flows that are there and, you know, that€s what is. So there€s, you know, the requirement, <br />that€s what Public Works has to see. If we€re changing the flows and then really <br />redirecting things in different directions, then we need to do that. But, in this case, my <br />beliefisthatwedonotneedto.Again,everythingisendingupinbackwhereitisand <br />it€s supposed to end up the same. <br />SPRINGER:Thank you. Commissioners, is there any further discussion on this <br />agenda item? If there is none, then we€re ready to hear a motion on the matter, and the <br />matter is the Applicant, DJSM, LLC, requesting an amendment to Condition C (Time in <br />which to secure Final Plan Approval) of Change of Zone Ordinance No. 92-91. <br />Commissioner McCall? <br />MCCALL:Yeah. Because, I would like to make a motion that we forward a <br />favorable recommendation to the County Council for the Change of Zone Ordinance <br />No. 92-91 (REZ 686), amendment to Condition C, and just Condition C. <br />SPRINGER:Thank you. Is there a second? <br />SMITH:Second. <br />SPRINGER:Thank you. It has been moved by Commissioner McCall and <br />seconded by Commissioner Smith to send a favorable recommendation to amend <br />Condition C of Change of Zone Ordinance No. 89-50, as amended by Change of Zone <br />Ordinance No. 92-91 and that it be forwarded to the Hawaii County Council with the <br />Findings and Recommendations made by the Planning Department. Is there any further <br />discussion? Commissioner Graham? <br />GRAHAM:I€d like to hear other Commissioners€ opinions, too. I felt <br />somewhat better about the application from our last exchange with Mr. Gomes and with <br />Yen in a sense that if they€re going to be constructing that retaining wall on the side so <br />that water will move along the retaining wall on the Mormon Church property, perhaps <br />the impact on the house down below would be less and not more if it€s being diverted a <br />little bit towards here, and if the flow coming out of the 24-inch pipe is not going to be <br />high velocity. So, you know, I€m not real comfortable on my vote but I did feel <br />somewhat mollified by understanding that part of it. <br />28 <br /> <br />