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I guess the other thing that I wanted to address was Commissioner Yates and Commissioner
<br /> Van Pernis's great questions about the different violations. And I appreciated Director Yee's
<br /> response. I don't have enough experience in Hawaii County, and I certainly, absolutely, by
<br /> talking about Oahu County, I have no intention of trying to say that we know better or anything
<br /> like that; that is absolutely not my intention. But all I wanted to do was simply say that my
<br /> experience in Oahu County when it comes to violations is that this is just, this is something that
<br /> happens, and by that I mean that we are talking about a complaint-serving system; so in other
<br /> words, if you have a very small number of people who are vocal, such as certain neighbors of
<br /> Ms. Cash right now, who consistently barrage the county with complaints after complaints after
<br /> complaints, well, then that will result in certain violations that are issued. And as the
<br /> Commission well knows and the county department knows, these are daily fined, and so, and so
<br /> the numbers of the fine, or the quantity of the fines that we are talking about certainly is a very,
<br /> very high number, but it is also something that occurs because of the number of complaints that
<br /> come from people who want to make complaints. And, unfortunately, I think all four counties
<br /> are this way; they are very much complaint-driven in terms of what they issue. And then it
<br /> accumulates because of daily fines. I will say that the half million dollars that are being cited by
<br /> people under oath, who spoke to you earlier this morning, is completely wrong, is completely
<br /> fabricated; there is absolutely nothing in any of the court documents that insinuates that the fines
<br /> are $500,000. The only reference within the court documents to fines is something that it
<br /> accumulates up to about$197,000. Now, that's high, it's a very high amount, but that's where I
<br /> appreciate Director Yee's approach. It is, frankly, it's a policy decision that's made by the
<br /> county or by a planning commission to the extent that they weigh in on this kind of policy. But
<br /> it's this idea—and I've seen it done when I was the managing director here in Honolulu—it's
<br /> basically this, it's a, these violations get issued, the fines accumulate, but really the endgame for
<br /> the county is to get the person, who has been issued the citations, to comply and to eventually get
<br /> to a place where they can be permitted, in compliance, and at that point in time, then they are
<br /> able to settle up and work through addressing all their violations and fines. So I want to say this
<br /> right now: Ms. Cash is absolutely committed to making right all of these different fines with the
<br /> county. I think the approach, though, is making sure that she is in compliance; that way the
<br /> hammer keeps hanging over her, taking care of that through something like this, getting a Special
<br /> Permit, and then being able to settle everything up with the county. And the reason why you can
<br /> know I'm not just saying that is because what we were able to work with, what we were able to
<br /> work out with the county after they filed their litigation against us, was basically a stay, and what
<br /> I want to read to you is what the state says as that was signed by Judge Fujino—where it says
<br /> this, it says that the county and the defendant—that's us, okay, us guys—mutually agree, first, in
<br /> lieu of the time, expense, and the risk involved in either of the parties litigating a motion for
<br /> preliminary injunction, second, in view of the ongoing progress in permit approvals occurring at
<br /> the same time, during which relevant permits for the subject property will either be granted or
<br /> denied, and, third, in the interest of compromise, to a stay of activities related to the subject
<br /> property—meaning that she was going to not engage in activities of the subject property—and
<br /> also a stay of litigation in this action. And so what the county agreed to and what Judge Fujino
<br /> signed was a stipulation and order that said let's get this worked out first, and then what we can
<br /> do is once we get those approvals in place, if we do, if we are fortunate enough to receive that
<br /> from the Planning Commission, then we can start being able to work out these fines. So I
<br /> completely disagree with the testimony from the earlier person, who had talked about how this is
<br /> out of sequence. Quite frankly, this is the sequence; this is how things occur in Hawaii, whether
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<br /> EXHIBIT D
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