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YATES: Thank you, Michael. That was just my concern; I just kind of wanted to know if by <br /> having those fines, if that was going to, you know, impact what you were trying to do at this <br /> point in time like, you know, is the cost going to be so astronomical that she can't even move <br /> ahead with what the Special Permit, and then we'll be back to extending and extending. So that <br /> was reason for my question. <br /> CARR SMITH: Maybe we can find that out from the applicant, too. <br /> YATES: Yeah, thank you. <br /> CARR SMITH: Thank you, Faye. Mr. Van Pernis. <br /> VAN PERNIS: Thank you, Madam Chair. Can you hear me? <br /> CARR SMITH: Yes. <br /> VAN PERNIS: My question is in response to Mr. Yee's testimony. I question—it sounded like <br /> a fancy way of saying that, no, the fines or judgments are coming out of the court case, to your <br /> knowledge, for past infractions has not been paid—the permit is for future activity, but past <br /> activity resulting in fines or judgments from the litigation have not been paid, but are not being <br /> waived, if this permit is granted. Is that correct? <br /> CARR SMITH: Go ahead, Director. <br /> YEE: To my knowledge, that's a correct statement. I will say, typically, of a lot of violations <br /> that eventually get cured, when they are still sitting in kind of in my court and hasn't gone to <br /> Corporation Counsel to this kind of level of litigation, I have a lot more leeway to reduce fines. <br /> In this case, it's probably a little more complicated, so I wouldn't say anything has been waived <br /> yet. But again, I'm apprehensive to throw down a penalty so large on anybody that becomes a <br /> hole they can't get out of. That doesn't serve our island well, either. So it's always finding a <br /> balance. Thank you. <br /> CARR SMITH: Appreciate that philosophy. Anyone else? <br /> CHIN: Chair Carr Smith, I haven't been recognized, but I just wanted to this is Doug ChinI <br /> just wanted to say that when the applicant presents her, that's her presentation, then I'll try to <br /> address the questions from Commissioner Yates and Commissioner Van Pernis. <br /> CARR SMITH: Very good, I knew you would, thank you. So, no further questions from <br /> Commissioners? All right. Thank you, Alex, for the presentation. <br /> Okay, let's move on to the applicant's presentation now. So, I have Christie—are you on <br /> Joshua's, Christie? <br /> CASH: I am. <br /> 10 <br /> EXHIBIT D <br />