2011-05-19 Leeward Exh A - 327 Kona

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dialogue from the Commission, if they have anything to say that may be supportive or counter to what I’ve just explained. BOWMAN: Any comments, Commissioners? Commissioner Nelson. NELSON: We do have a motion and a second on the floor. We need to address that. BOWMAN: Thank you. This is discussion on the motion. NELSON: Okay. BOWMAN: Thank you. Any other -? Commissioner Hickcox. HICKCOX: Madam Chair, if I may? BOWMAN: Certainly. HICKCOX: I concur with our Director’s recommendations in reference to an unfavorable response, and that’s basically based on language within the CDP. I am not really clear as to whether or not this body can make a ruling in reference to the validity of the CDP’s requirements. My recommendations would be that consideration be given to addressing the specific issues that were raised by Sid, and they are quite valid, however, because of a wide reaching effect of the decisions that we make at this particular juncture, it would become necessary in my opinion to have either the corp. counsel review it in its entirety to see where we stand with this, or as another thing, or another avenue is to have the applicant challenge a negative ruling in court in reference to the CDP. That’s where my head is kind of going through right now. I really, you know, we can defer the decision until maybe corp. counsel make some recommendations, but right now just based on the evidence presented to us, I cannot vote in favor of that because it violates the CDP. So, I mean it’s unfortunate, but I think to have a long-lasting effect on this thing, it’s got to go out of our hands; it’s got to go towards to corp. counsel, to the courts, if necessary, to wherever it may take to correct this wrong. BOWMAN: Thank you, Commissioner Hickcox. Any other comments, Commissioners? Questions? Concerns? FUKE: Madam Chair? BOWMAN: Yes, Mr. Fuke. FUKE: I know that you are in deliberation. Would I be able to just make one comment, just to clarify the applicant’s position? BOWMAN: Is that all right, Commissioners? Sure, thank you. FUKE: Which is kind of like what I had on my last – shucks, is it this one – so looking at the bottom, just to let you know, if the Commission is inclined to recommend denial of the application to the Council, we also ask that you include a statement or two asking the Council to revisit the Kona Community Development Plan, and among the other consequences noted earlier, to seek ways 10 EXHIBIT A