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<br />DARROW: Mr. Chairman?
<br />
<br />BEAUDET: Yes.
<br />
<br />DARROW: Question. This question would be for Counsel. Just a request for clarification how to
<br />proceed in this manner. This is similar to a situation we were in recently in Hilo. We have two
<br />options: One is to hold the vote and prepare proposed Findings of Fact, Conclusions of Law and
<br />Decision and Order, with conditions, to allow the Commission to review that, and request any
<br />changes prior to taking the vote; or, they could also take the vote today to see if the actual vote
<br />passes, and then again prepare Findings of Fact, Conclusions of Law, and conditions, and then come
<br />back and approve the report. So if you have a suggestion which way to go.
<br />
<br />PATEL: Yeah, my suggestion would be to, since there has been a motion and a second, to postpone
<br />the vote, we could prep the Findings that would be circulated to the Commissioners, and then the
<br />action and the vote could be taken at the next meeting. Then you will have specifically what you
<br />are looking at, or, you know, the recommendation specifically in front of you.
<br />
<br />DARROW: Thank you. Also, just for your information, Commissioner Nobriga had to leave, but
<br />before she left, she did present us with her vote. So when it’s time for her vote, we can place that
<br />on the record.
<br />
<br />PATEL: And just to follow up, if it’s going to be postponed to allow preparation of the Findings,
<br />then we would need a motion to postpone, to defer until the next meeting.
<br />
<br />BEAUDET: Commissioners, if there is no discussion on the options that were presented by staff, I
<br />would like to ask for a motion.
<br />
<br />CHURCH: I’m sorry to be the troublemaker here. I think that the Planning Department’s
<br />unfavorable recommendation was very well written and very comprehensive, as did I think that the
<br />response by the applicants was, too. And those were, they were read by the Commissioners, which
<br />I believe they were, and understood fully, and I would be in favor of taking a vote now; I don’t, I’m
<br />not sure exactly what else can be brought to our attention at the moment, which would sway my
<br />opinion. So to that extent I just give you, Mr. Chair, my position, and respect what you decide to
<br />do.
<br />
<br />BEAUDET: Also for consideration as we move forward, given the situation that we are in now,
<br />you know, when the Findings and the conditions come back, would we have to vote again on the
<br />conditions as written, if we were to change the recommendation?
<br />
<br />KAY: If I understand your question correctly, if you were to defer and wait for us to prepare a
<br />favorable recommendation with conditions, then, yes, you would have to vote on that at the
<br />subsequent meeting.
<br />
<br />BEAUDET: So a vote today, rather, if it’s in support of a favorable or not in support of a favorable
<br />recommendation, or the motion as stated, how does that impact the conditions --.
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<br />EXHIBIT A
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