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The Planning Director is recommending approval of the request with conditions. Are <br />there any questions? <br />WATANABE:I have one question with regard to that Intervenor or potential <br />Intervenor. They didn’t meet the deadline aside from not notarizing the document and <br />not paying the filing fee, is that correct? <br />HAYASHI:That’s correct. <br />WATANABE:So, technically, it’s not a valid application for a Contested -? <br />HAYASHI:Well, based on your rules, it is not a timely submitted Petition for <br />Standing and it wasn’t notarized, no filing fee was submitted. So I guess the <br />determination would have to be made by the Planning Commission as to -. <br />WATANABE:However, they would be welcomed to testify? <br />HAYASHI:That’s correct. <br />WATANABE:Yeah. Okay. Thank you. Are there any other questions for staff, <br />Fellow Commissioners? Mr. Graham? <br />GRAHAM;Norman, I know on a prior one we’re doing today, like Samson, <br />we had to, we had a zoning ordinance back in ’90 and ’95 that we were doing a time <br />extension on. And I noticed, you know, this property already has the proper zoning and <br />the zoning ordinance is included here in our material; and it’s a ’94 zoning ordinance. <br />But when I read the ordinance I don’t see any time constraints on it at all. And I know <br />you were back in the process in ’94; and so I was just wondering, am I correct, there was <br />no time constraints on this zoning at that time? And do you have any background as to <br />why that was the case? <br />HAYASHI:Yeah, based on my reading of the ordinance, Ordinance No. 94- <br />124, there were no time requirements as to performance, as to when to submit plans for <br />Plan Approval, nor construction timetable. <br />GRAHAM:And do you, from having been working in this planning stuff back <br />then, was that the common situation back then and what we saw this morning from <br />Samson was unusual, or was this one unusual, or do you have any insight to that? <br />HAYASHI:It’s rather unusual. I wasn’t involved at that time with the <br />Planning Commission back in ’94, so I’m not too sure as to the reason why. But even <br />prior to that we did put in performance time conditions. <br />WATANABE:Are there any other questions for staff? With that, may I call up <br />the Applicants, please? Do you swear or affirm to tell the truth now before the Hawai`i <br />County Planning Commission? <br />EXHIBIT C <br />3 <br /> <br />