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P!eoaNaL <br /> Kenneth G. Goodenow _ . 2:Pi V 7 <br /> Attorney at Law �� <br /> 157 Kualua Place <br /> Hilo,Ilawaii 96720 <br /> (808) 933-2423 ?;'!° 1 3 <br /> September 4, 2012 <br /> Dominic Yagong, Chairperson <br /> and Members <br /> The Hawai`i County Council <br /> The County Building <br /> 25 Aupuni Street <br /> Hilo, Hawai`i 96720 <br /> Re: Bill 168 Proposed Change of Zone <br /> Donny Souza and Melissa Mulliken Applicants <br /> Second Reading on September 6, 2012 <br /> Dear Chair Yagong and Members: <br /> I am submitting written testimony as I have court in Waimea on the morning of <br /> September 6, 2012 and will not be able to attend the public testimony portion of the Council <br /> meeting. I want to provide the Council with a brief summary of our activity since the Council <br /> last met on this matter. <br /> Traffic Accident Data <br /> As discussed at the previous Council meeting, Ms. Langer was waiting to receive traffic <br /> accident information from the State Department of Transportation regarding the portion of <br /> Highway 11 near the project site. Copies of the correspondence we received in response to our <br /> requests are attached as Exhibits 1 and 2. <br /> Review of the Petition Submitted by the Applicants <br /> As addresses were not included on the petition, it is difficult to determine which <br /> petitioners live in the immediate vicinity of the proposed project. It does appear, however, that <br /> two residents of Nichols Road signed the petition. <br /> Our Attempts to Contact Neighboring Property Owners and Residents of Nichols Road <br /> A letter was sent to owners of property with access to Nichols Road. A letter was also <br /> distributed door-to-door to residents of Nichols Road. These two letters are attached as Exhibits <br /> 3 and 4. Of the fourteen letters sent to lot owners, two letters were returned as undeliverable and <br /> two owners responded. One lot owner has already provided written testimony in opposition to <br /> Bill 168. The other lot owner stated that he contacted an attorney after receiving my letter and <br /> has negotiated an agreement with the applicants relieving him of any roadway liability or <br /> Comm. No. • ' 3 <br /> Ref. To: <br /> Ref. Date P 0 201 <br />