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DARROW: The—
<br />
<br />YATES: I’m really confused because I don’t hear, all it says is that \[applause from the
<br />audience\] if it doesn’t expire, or when is that, you know, you’ve got to file an extension, you’ve
<br />got to file an extension, but I don’t hear that it’s expiring.
<br />
<br />DARROW: Well, what, it, there is no language that says – and again, that’s one of the ideas we
<br />are proposing, right – the reality is when an applicant bypasses their time, if they try to do
<br />anything on the property, if they try to come in for a permit, if they try to get Plan Approval, they
<br />try to get a grading permit, it will not be approved; they will be told you cannot move forward
<br />until you come back to the Commission and/or the Council to get a time extension. So that
<br />happens on a regular basis. We will get a request for a Final Subdivision Approval, and we have
<br />to send them a letter saying you cannot proceed with Final Subdivision Approval until you go
<br />back to Commission and Council and receive additional time on your ordinance or permit. So
<br />that’s, again, it may not, the language isn’t there that says it’s expired, but the reality is they
<br />cannot do anything past that time. That’s the reality. But again, we can, an idea would be to
<br />actually put the language in there that this permit expires on this particular date.
<br />
<br />KEALOHA: So your slide about things for our consideration, what would be required to execute
<br />those rule changes?
<br />
<br />DARROW: What we would request is to take this matter before the Windward Planning
<br />Commission for discussion and input as well, as well as possibly see if the Council is going to
<br />bring this matter before them, and then be able to get all the information provided together and
<br />maybe bring a full packet of ideas to the Commissions. The Commissions, yes, we would, if it
<br />requires a rule change to the Commissions’ rules, it will require a Joint Planning Commission
<br />meeting where they need to approve that jointly. If it’s going to require a code change, then it
<br />will come to each Commission and then go to Council for final approval.
<br />
<br />So, and, you know, the reality is it’s time, I mean it’s been, we constantly try to look at our rules,
<br />we are fully aware there are areas in our rules that need amending. We have priorities; our
<br />priorities are applications that have deadlines that we have to meet. Sometimes we have a break
<br />where we can initiate some of these changes. Right now, we are, there’s quite a bit going on, so
<br />we have to prioritize. But again, this is an important matter that we want to try to address. And
<br />we really appreciate—
<br />
<br />SHIMAOKA: I just wanted to make a comment on the needs or the concerns of the, especially,
<br />the Kona community, people that live on Ali‘i Drive, is that the reason why we are having this
<br />discussion today is – I wanted to just make mention that I cannot speak for previous
<br />Commissions but I can speak for this one here – is that we are concerned, and so the reason why
<br />we are having this discussion is so that we can make the appropriate changes that all of us feel
<br />needs to be made. This is ridiculous. \[Applause from the audience.\]
<br />
<br />CHURCH: I’d like to make a comment, too. And I think it’s just, you hear it in different forums
<br />that there is just inadequate accountability on the part of landowners not only – and I’m going to
<br />address something specific in a second – not only with regard to permits, which is that we are all
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<br />EXHIBIT B
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