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WATANABE: Let me comment on that, and this is again a compromise then. I will revise the ruling and say, the time frame will be the earlier of either a final decision on the zoning or, shall we say, the August Planning Commission meeting in 2009. The reason being the two Planning Commissions don’t come into effect until April 1, and the Commissions cannot meet unless they have a quorum and as you know, we are in a change of administration, the appointments haven’t been made, and the appointments also need to be confirmed by the Council. So I think maybe the August meeting of 2009 may very well be the earliest we could convene and actually have a body to make a decision on that. IWASHITA: That’s fine. I have a procedural concern that I’d like the parties to address, and that is this matter has started as a contested case with the Commission having nine members and that has changed over the years. But I guess my concern is that once we split into the two Commissions, what are the, if there are any procedural or substantive procedural issues of concerns that either party may have about whether or not the West Hawaii Commission, right, what is its authority at that point? How is this case going to be handled? If or if they agree on the record, I guess they would agree on the record that the West Hawaii Commission would take over and treat it as it continues. And I’m not sure how the legislation handles that. But since this is a contested case hearing, I would like the parties to on the record agree how it’s going to be handled, so we don’t have procedural questions that come up later. LIM: I don’t know if we can reach agreement because it’s pretty new into the Charter amendment for the, I guess you’re going to call, the Leeward Planning Commission. The thoughts off the top of my head are that the seven members of the Leeward Planning Commission in order to take action on this matter would have to review the record on file pursuant to Chapter 91 and have been presented new proposed Findings of Fact, Conclusions of Law, Decision and Order by the parties and have us do our final oral argument, that would then qualify the new members to vote on the matter. So that’s my initial thought: like I said, I haven’t research it, but that’s my initial thought. WATANABE: Maybe I can add to that. Fortunately, Mr. Torigoe has a copy of the ordinance that created the Leeward and Windward Commissions. And Section 6-4.6 Transitional Provisions, the last sentence indicates, “Matters pending before the existing planning commission that are not finally decided by April 1, 2009, will be transferred to the windward or leeward planning commissions, as appropriate to be finalized.” So it would appear that a reasonable person would assume that the Leeward Planning Commission would handle this. LIM: I think the other comment I had on the schedule that you were talking about is August; it’s probably – you can ask the Director – but that’s probably being optimistic in terms of the Council taking any action on the Change of Zone. WATANABE: I understand. And so it’s likely that we would review this once more with the Leeward Planning Commission. But it was, the time frame was revised to satisfy Mr. Iwashita’s concern that this be held in limbo forever. The Leeward Planning Commission whoever they may be may have different views on this; we then provide them with an opportunity to make their own comments irrespective of whether the Council has made a EXHIBIT A 16