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DARROW: They would be grandfathered in at this point. As long as the meeting facility is, is <br />operating as of this point or when it is, if it is approved by Council, then they would be <br />grandfathered in. <br />CLARKSON: Thank you. <br />HENKEL: Thank you. Any other questions? Nobody signed up to testify, so I would look for a <br />motion to close public testimony. <br />DARROW: If I could <br />HENKEL: Go ahead. <br />DARROW: Commissioner Clarkson, you had some concerns earlier about possible wording or <br />CLARKSON: Well, I did but I, it, can you actually show me <br />DARROW: Sure <br />CLARKSON: —the definition, yeah, proposed change to definition. <br />DARROW: You did raise a good point in regards toI see your concern now in regards to a <br />publicly owned facility. So, I guess there's a differentiation between when we look at page four <br />in the middle of the page on paragraph 3, where it says reasons for change, and it refers to <br />community buildings in the public buildings section, and it says public, it defines these public <br />uses as public use, public building, or public structure. So, if it was publicly owned, it, the <br />question would be, would it be a public building? I mean, that would be the question. I think <br />what this is, is maybe because this is actually coming straight out of the community buildings <br />definition; that it would be a public owned or a privately owned community building. So, we <br />were again incorporating the two definitions, but I would think that if it was a public building as <br />defined in the Code, where it defines it as being owned or managed by the Federal Government, <br />State of Hawaii, or the County to fulfill a government function, activity, or service for public <br />benefit in accordance with public policy. If it was clear that that's what the, the facility was, we <br />would define it as a public use or a public building. <br />But, if they were coming in and it was a public owned building to do these types of functions or <br />other types of functions that wouldn't necessarily be a governmental function. I would see that <br />maybe that would apply. <br />CLARKSON: Well, that's, that's why <br />DARROW: —The question <br />CLARKSON: we discussed, I or I thought about adding "or governmental function" after the <br />word "gain"—"which is not operated primarily for financial gain or government[al] function." <br />EXHIBIT B <br />5 <br />