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meeting in Hilo and come to find out you’re not ready. You understand what I’m saying? Now I <br />guess what I’m saying is if there’s no way you can come to an agreement with Shipman we’re <br />going to decide the land use issue. We’re willing to do that, right? I said that. <br />We don’t want to decide the legal issue though, right? Because I don’t think we’re equipped to <br />do that, yeah, as far as access is concerned.But you would have to work with the Planning <br />Department in the event that you’re going to throw a special permit on the table. Cause Shipman <br />already has said that if you throw the special permit on the table I’m gone, right, I’m done, you <br />don’t have to negotiate with me any further. So it’s up to you guys now. Do you want to <br />continue this to the next Hilo meeting or until such time that it’s ready to be deliberated? <br />FUKE: I think that, you know, if the special permit is the appropriate route that <br />the Commission and the staff believe would be, you know, acceptable then, you know, that’s a <br />route that I think would be acceptable to the client. However, bearing in mind that, you know, as <br />was represented in the application the intent is not only the bottling plant. He wants to be able to <br />continue to utilize the underutilized structures in that area. And so if the special permit could be <br />expanded to include only that component and eliminate the future subdivision and the more <br />intensive use that, you know, Mr. Walter and Mr.Yeh had raised, you know, relative to an <br />industrial zoning, then -. <br />WATANABE: Okay. Then, you know what, let’s not put a timeframe then when we will <br />continue it to, or would you prefer that we put a timeframe till the next Hilo meeting? <br />FUKE: Well, you know, the timeframe to do what? That’s my question. I mean, <br />timeframe so that the applicant can decide on whether to do a special permit, or continue with <br />this application, or timeframe until there’s a deliberation or some determination on the access or <br />what? That’s what I’m trying to get at. <br />WOODWARD: Mr. Chairman? <br />WATANABE: Yes. <br />WOODWARD: If I might ask Mr. Torigoe, cause this came up just recently with the <br />Kohala LLC in deferring for, you know, a change of zone application for an indefinite period of <br />time. And there was some provision where if there was information or pertinent information that <br />this could be deferred for a longer period of time than the usual 60 or 90 days. Maybe you could <br />rehash that for us just a little. <br />WATANABE: Mr. Torigoe? <br />TORIGOE: Thank you, Mr. Chairman. Basically your Rule 11-3 on rezonings, as you <br />know, basically requires that you make a decision within 90 days after receipt of the application <br />from the Director, unless a longer period is agreed to by the applicant. So if the applicant is <br />agreeable to putting it off for whatever period of time, then you can do that. <br />WATANABE: That’s what I thought. So actually that’s all I’m asking you, is when do <br />you want to defer to? <br />SULLA: Can I address this? <br />WATANABE: Yes, I guess I’ll have to swear you in, I’m sorry. <br />SULLA: Okay, very good. <br /> EXHIBIT C <br />18 <br /> <br />