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cannot, at this point, say we€re going to put certain kinds of conditions on if we do approve. It <br />has to wait on that. <br />Mr. Torigoe added what I think is a good suggestion, and that is that intervenor, the Community <br />Association, agree to conduct this as an informal hearing in the way we normally have our <br />decision-making. And that means that rather than a formal contested case hearing we would go <br />into the normal public hearing that we have, we would hear testimony, the Commission would <br />come to a point of decision making and deliberation. If the Commission went ahead and, say the <br />Commission approved the permit without the conditions that the Community <br />Association wanted. The Community Association would retain the right to appeal that to Circuit <br />Court. That is a right that they would otherwise lose by simply withdrawing the contested case <br />at this point. That, and I think that allows, that point would allow the Commission to go ahead <br />and make a decision today, or have a hearing today and try to make a decision today through the <br />normal procedures that we have, rather than going into a formal contested case. But that€s really <br />asfarastheCommissioncangoatthispointinmeetingwhattheCommunityAssociationwould <br />like to see. <br />SPRINGER:Thank you. If I may ask a question of Mr. Torigoe. Given Mr. Yuen€s <br />comments, is there anything procedurally that the Commission needs to do in order to proceed <br />along this course of action? <br />TORIGOE:Again, I think we just need to have an agreement on the record between all <br />of the parties, including the Planning Director as to what the procedure will be. I€m wondering <br />if, as the Director has just stated, you know, the Commission can go through an informal <br />contested case proceeding up to the point where there is a motion made. I€m wondering though <br />if it becomes clear in the course of this that there is not going to be a decision that would grant <br />the permit with the conditions that have been stipulated by the Association, at that point, couldn€t <br />the Commission then determine that clearly there is a need to allow the Association to go <br />forward with whatever formal contested case they feel is necessary and then switch mode? <br />YUEN:I have no problem with that. <br />TORIGOE:Okay. <br />SPRINGER:Mr. Fuke? <br />FUKE:We have no problem. <br />SPRINGER:Okay. Thank you, Mr. Pawu for waiting. Your comments, please. <br />PAWU:No problem. This is a very important matter for the entire community and <br />we cannot rush something that needs to be done properly. My humble suggestion would be <br />would it be possible for the applicant to include these conditions right now and modify their <br />application and therefore it would be included, just like their withdrawal of the gas station, that <br />all of the conditions we request be in their proposal. So therefore it would obviate the need for a <br />10 <br /> EXHIBIT A <br /> <br />