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time extension is not approved today or if the Planning Commission votes on this today, nobody is forcing them to sue. They can come in with a new SMA Permit request. The zoning has to be cleaned up for it to make any sense. But the process to amend the present SMA Permit is not significantly different to the process for introducing a new SMA Permit; you have to provide the same notice to surrounding owners, the same public hearings and the like. And finally, you know, the procedural things get really mind boggling, and so, as the Planning Director – I mean, my basic role is to advocate for what I think is the proper land use for the property – and since I do not, without arguing the point again, I’ve said before that the 50-acre (sic) SMA Permit and RS-15 zoning is not the proper land use for the property, I’m going to continue to advocate that. And as you’ve noticed before, I don’t vote on that; the Planning Commission and the County Council get to vote on it. My role is simply to present what’s a good land use and what’s not a good land use, and then you get to vote, and the chips then fall as they will. WATANABE: Thank you. Mr. Torigoe, I believe you had some comments? TORIGOE: Yes, thank you, Mr. Chairman. Just for procedural purposes, you know, this remains a contested case type of hearing, and I think in the previous proceedings the parties had agreed to the fairly informal procedure, and there have been some proposed Findings I believe filed. At this point I just want to make sure that the parties are in agreement. So far you’ve basically allowed what amounts to like a final argument on the reconsideration in a very informal fashion; and if the parties are okay with that and the Planning Director sitting with the Commission – sometimes we ask the Planning Director to sit down at the party table. I just want to make sure on the record that the parties are okay with what’s been going on so far, and let’s see where you want to go from here. If you intend to allow for further final argument, then we want to make sure the parties are okay with keeping on going the way that we have been. WATANABE: Okay. Mr. Lim, are you okay with this sort of informal process of a contested case hearing? th LIM: I think we were okay up until the April 18 hearing, but I don’t think I can say I’m okay with it right now. TORIGOE: So in that case I suppose you should find out what Mr. Lim would like to see happening in terms of procedure form this point, and discuss it with the Planning Director. LIM: Well, this is another reason why I feel we should defer things, because what should happen really is that we should submit new proposed Findings of Fact again to the Commission because there were significant things that have happened with respect to the applications in the meantime with respect to the veto and all the other things. So that’s the type of thing that I cannot waive at this point in time. WATANABE: Thank you. Your point of view, Mr. Yuen? YUEN: I think we are fine for the Commission to take a vote based on what’s on the record. EXHIBIT A 9