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FUKE: The only thing is that, you know, I had submitted a letter to the office, to the Planning
<br />Department and, which is reflected in your Exhibit 3, I just provided a copy of the title report, you
<br />know, a warranty deed, and so that’s all we can rely on. And I concur with your comments in the
<br />sense that, you know, while there may be some constitutional or judicial related type of issues
<br />associated with the title of the property, I concur with you that this is not the appropriate forum or
<br />venue, you know, for the discussion. And that’s all I can say, you know, with regards to the
<br />comments that was provided earlier.
<br />
<br />BEAUDET: Thank you. Commissioners, any comments or further discussion with the applicant or
<br />staff on this matter?
<br />
<br />CHURCH: So I understand, the Planning Director is advocating a favorable ruling accepting the
<br />applicant’s request for modifications of Conditions D, E, I and J, is that correct?
<br />
<br />JACKSON: The Director is agreeable to deleting Condition D, modifying Condition E, modifying
<br />Condition I and J as described by Sidney.
<br />
<br />CHURCH: Right. That’s what I thought. Thank you.
<br />
<br />BEAUDET: Commissioners, any more discussion with the applicant? With that, thank you, Sidney.
<br />So I think I’ve just got to make one comment before we move forward, and this is in dealing with the
<br />testimony. As a commission, you know, we make our decisions and we based our concerns and our
<br />comments and our discussions and everything on a set of rules and standards, although there are
<br />issues far beyond those things that are relevant, yeah, and, you know, individuals may look at those
<br />things differently and that’s okay; but the format of the Commission and the forum that, and the
<br />platform, that we sit on in order to make the decisions on the applications request is only based on the
<br />standards and the rules that are put in front of us by the County of Hawai‘i and the State of Hawai‘i
<br />from a land use perspective. So we cannot let ourselves to be directed in our decision making
<br />processes with those rules that we are not governed by. And that’s why, as a commission, as its
<br />Chair, I need to facilitate these meetings in such a way that we just stick, as a commission, we just
<br />stick to the rules that we have to decide on, and we cannot be swayed by other things that we could
<br />have compassion for or not. So I just needed to share that with the audience. So if there is no further
<br />discussion, Commissioners, I need a motion for action.
<br />
<br />KAHOLO: Mr. Chair?
<br />
<br />BEAUDET: Yes.
<br />
<br />KAHOLO: I move that a favorable recommendation be forwarded to the County Council on the
<br />application for Change of Zone, Docket Number Rezone 15-192, based on the Planning Director’s
<br />recommendation, findings, and proposed conditions, which shall be adopted.
<br />
<br />BEAUDET: Subject to changes and revisions?
<br />
<br />KAHOLO: D, E, I and J.
<br />
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<br />EXHIBIT A
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