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<br />OLYMPIA: No— <br /> <br />KANUHA: Okay, so, it’s got nothing to do with the Commission itself. <br /> <br />OLYMPIA: What it does is set out the—what it does is set out the process in which we both <br />followed. The discussion of resolution, some things are actually accepted by the Department and <br />stated in that Agreement which I assume is a bilateral, binding Agreement, but with regard to the <br />two major, well actually three major issues that identified the relocation resubdivision although <br />they’ve indicated they accept that, and they just wanted it at the same time resolved as this other <br />matter, that’s stated in there, and that process that it comes to the Commission. Secondly, with <br />regard to the creation of a new public access easement, same thing. It is favorable. They feel it’s <br />a win-win situation as we do. It creates something that is a win for the public, and it was <br />suggested by us. That is stated in there, and ultimately can come to the Commission for <br />determination as you just said. And the last thing with regard to the setback with regard to what <br />is the definition of shoreline—is it the State or is it that Settlement Agreement? Same thing. <br />Establishes process. You weren’t there yesterday, Director, but Mr. Chris Yuen was there, and <br />he is in favor as BJ was. And you were there at the meeting with BJ as I recall last Fall, but short <br />answer, yes, it comes to the Commission. Commission isn’t bound— <br /> <br />KANUHA: I just wanted to make, I just wanted to make that clear that, that Settlement <br />Agreement does not in any way bind the Commission’s actions on these matters, correct? <br /> <br />OLYMPIA: On these three matters, no, it does not. Hopefully, it’s helpful, however. <br /> <br />MIYASATO: Commissioner Ono. <br /> <br />ONO: Am I to understand that there are further discussions with the Department so that we will <br />be seeing your presence here again? <br /> <br />OLYMPIA: Yes, yes— <br /> <br />ARAI: Mic— <br /> <br />OLYMPIA: --What we understand is their question that— <br /> <br />MIYASATO: Excuse me, could you use the microphone? <br /> <br />OLYMPIA: Sorry, it go over to the next hearing so that there is further discussion with regard to <br />this remnant issue misnomer, and then a recommendation would come to the Commission and, <br />we would have a final hearing or another hearing where a determination can be made. That’s my <br />understanding. Is that correct, Daryn? Yeah. <br /> <br />ONO: Mr. Chair, I’m just wondering whether this, the whole discussion is, can be deferred <br />because the issues that have not really been settled. I’m just wondering— <br /> <br />5 <br />EXHIBIT E <br /> <br /> <br />