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BAIL: My understanding then is that the extension is not approved. Is that <br />correct? <br />TORIGOE: No, there would have to be some action by five votes one way or another; <br />there would have to be a motion to deny the application that would pass by five votes. <br />ALAMEDA: Mr. Chair? <br />GRAHAM: Commissioner Alameda? <br />ALAMEDA: I wonder if we could take a five-minute break, or no? <br />GRAHAM: Well, we sure could. We are about ready for lunch time also, I know. <br />Would you like a few minutes to consider this? <br />ALAMEDA: Well, I just think that would help the consultant confer with the Applicant. <br />BAIL: Two minutes. We are all hungry. <br />GRAHAM: That would be fine. Thank you, Commissioner Alameda. <br />ALAMEDA: Thank you. <br />RECESSED The Chair called a short recess at 12:26 p.m. <br />RECONVENED The meeting reconvened at 12:30 p.m. <br />GRAHAM: Okay, we’ll come back to order. Ms. Bail, do you have further comment? <br />BAIL: We continue to oppose the extension request. I remind the Commission of <br />our request that we be allowed the opportunity to withdraw our request for an extension all <br />together, if additional conditions are going to be imposed beyond those recommended by the <br />Planning Department. And it is my understanding that the Rules provide that in the event the <br />Commission fails to render a decision or approve or deny within the prescribed time limit, the <br />request shall be considered denied. I believe Mr. Yuen would probably also like to speak to this <br />issue. <br />GRAHAM: Yeah, I think what Mr. Torigoe was saying was the time limit does run for <br />a while. So the question for you, I think, is more, well, you want to withdraw at this point or do <br />you want to let the time limit run until it has expired, that’s all. Mr. Yuen? <br />W. YUEN: On behalf of Waikoloa Homesites Venture, as the owner of the property, <br />we are not authorizing a withdrawal; we are not consenting to a withdrawal of the request. I <br />th <br />believe that the next hearing, I was told, is the 16 of March, and I think that falls within the 30- <br />th <br />day time period, if that is the 16. <br />GRAHAM: Mr. Torigoe? <br />EXHIBIT C <br />22 <br /> <br />