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GRAHAM: That sounds reasonable. Mr. Torigoe, do you have any comments on that? TORIGOE: Thank you, Mr. Chairman. Yeah, I would, I was going to bring up Condition N if nobody else did. Basically it does sound like the Director has the authority to initiate and it says “may” initiate rezoning. And at this point we don’t really have a clear inclination about whether Condition E was met or not. And as the Director noted Condition C is still open, therefore they can request a time extension until sometime in 2007. And so at this point the state of the record is that the Director has not initiated rezoning of the subject property to its original zoning. And I think if you did go ahead and if there was a rezoning passed then that could have expressly basically superceded the original rezoning in any case. So I think it’s well within your authority to just go ahead at this point; and you should probably get some input from the applicant also regarding those issues. GRAHAM: Thank you. Commissioner Siracusa. SIRACUSA: In order to make sure that our “i’s” are all dotted, etc. and that we aren’t setting a bad precedent would it be wise for whomever makes the motion to approve, and I knows I’m jumping the handle, to include the fact that the motion would also repeal the previous ordinance based on noncompliance, so it would be part of the record at that point? So when it comes up before the Council they would both be dealing with the repeal and a change of zone? YUEN: Well, I wouldn’t do that because the prior ordinance is not on the agenda. That’s the one thing I wouldn’t do definitely.I do think that, I’m comfortable if we go ahead and this thing passes that the prior ML zone Ordinance 97-93 is repealed by implication and none of the conditions that apply to that ordinance stand. GRAHAM: Any further questions from Commissioners? All right. Will the applicant/or representative please come forward. Could you please raise your right hand so I can swear you in at this time. Do you swear or affirm to tell the truth on this matter now before the Hawaii County Planning Commission? LIM: I do. FRANCIS: I do. GRAHAM: Thank you. Thanks for your patience while we were discussing the legal issue. I also had no one here signed up to give testimony from the public. Usually we would swear them in at this time also. Is that correct, there’s no one here from the public to testify on this time? NOMURA: Correct. GRAHAM: All right, thank you. Go ahead, Mr. Lim. EXHIBIT A 6