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SPRINGER:No. <br />HAYASHI:Madam Chair, there are three aye votes and three no vote <br />not pass. <br />SPRINGER:Thank you. And this will be carried, these proceedings will go forward, is <br />that correct, or the SMA rests here? <br />YUEN:Can I explain? For the benefit of the Commission and for the Applicant <br />and the public, what happens, there is a specific rule in the SMA Rule, Rule 9, on what happens <br />if there is a vote of less than five in favor. ItÓs a denial. But the Applicant has the opportunity to <br />bring it up for a re-vote at the next meeting in that there are not five to -. We could take a, I <br />suppose perhaps the proper thing to do is to take a vote on the motion to deny. Did we have a <br />motion to deny? <br />SPRINGER:No. <br />YUEN:No, we did not. But assuming that that is the vote, that itÓs three to three <br />on the motion for denial, then the Applicant can ask to have the matter re-voted on by the <br />Planning Commission at the next meeting. I believe that would, I believe we cannot make, <br />actually, the next meeting, I believe it would have to be the next Kona meeting; and it gets voted <br />on again at that time. If the Applicant does not receive five votes at that time, then it is a denial. <br />SPRINGER:Thank you. Mr. Fuke, youÓll be informed. <br />FUKE:I understand, correct, thank you very much. <br />SPRINGER:YouÓre welcome. <br />The discussion ended at 6:37 p.m. <br />Respectfully submitted, <br />Sharon M. Nomura, Secretary <br />19 <br />