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ALAMEDA: I agree with Commissioner Watanabe. If we don’t continue, there could be possible repercussions on the other end that would actually present some legal challenges, so I think the safe route would be to continue it and extended it past thesixty days. GRAHAM: Commissioner Iwashita? IWASHITA: I’m looking at Rule 4-24; I think it’s the applicable rule. It talks about ninety days as the amount of time, when the time at the closing of the hearing. So but time constraint I don’t think is that pressing right now cause I think we have a little more time. I agree that this should be continued to next West Hawaii meeting. GRAHAM: Well, it certainly sounds like the Commission is in favor of continuing. I hate to have the testifiers come here today and the applicants come here today, and not really get into the meat of the matter at all. Commissioner Watanabe? WATANABE: Yes. Testifiers were allowed to testify, so it will be a matter of the record, you know, in the minutes. So I don’t think the testifiers themselves have lost anything, especially in light of we are not having reopened the contested case hearing, so you know, all they were afforded was their opportunity to testify, that’s it. We didn’t introduce any new evidence. So I don’t think there is a real issue there, although I’m sure they are probably anxious to hear a decision. GRAHAM: Yeah, I also just was thinking like it would be nice to hear from the applicant and the Department on this at this point in time, but if the intervenor is not here, it’s probably not appropriate to hear from them. So maybe we are just going to take a vote and then hear on motion to continue, but first I want to hear from Mr. Torigoe. TORIGOE: Thank you, Mr. Chairman. I just want to comment quickly on a couple of things. One is, as Commissioner Iwashita has correctly pointed out, Rule 4 which is your Contested Case Rule provides for ninety days. Rule 4-3 says if there is a conflict between Rule 4 and any other rule that Rule 4 shall be applied. So, and it’s probably safe to say that if you do something within ninety days here, you are probably, probably okay. And another possibility would be trying to contact the intervenor to see if, you know, if he is free and would like to come down here today, we can continue the matter for consideration later on in the day. But it’s certainly within your discretion to continue the matter at this point. GRAHAM: Thank you. I think since this was a split vote last time and that maybe the Commission in general has conflicting thoughts and it’s a difficult decision, it’s also probably unlikely that we would have a five-to-zero vote today anyway, so maybe it works out fine for everybody that we do continue it and hopefully have more Commissioners present in the future. That’s just my personal thoughts. Could I have a motion at this time? Commissioner Iwashita? IWASHITA: I move that the Special Permit application SPP 06-000039, Michael F. Martinage and Greg Nunn, that this matter be continued to the next regularly scheduled West Hawaii meeting. GRAHAM: Thank you. Can I have a second? EXHIBIT A 7