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VAN PERNIS: But you
<br /> CARR SMITH: do you have a—Mark, Mark, I'm going to move on to another commissioner
<br /> just so we can keep everybody involved here. Go ahead, Mr. Newberg.
<br /> NEWBERG: Thank you, Madam Chair. I apologize, Mr. Van Pernis, if you have more
<br /> questions. Forgive me I'm going to use first names, but Kim, Evan, or Sid, is there anyone on
<br /> this meeting today that can speak for the owner? Is there anyone here that has that authority to
<br /> commit or not to commit to any of our proposals?
<br /> YOSHIMOTO: It depends on the proposal. With regard to traffic study, they would be
<br /> disinclined to do one; they are not legally required to. And I'd also like to point out, and I think
<br /> Jeff Darrow brought this up in the last hearing, it's very unusual to have condition number 4,
<br /> which is the Alii Drive and Kahakai Road improvements. The Planning Department doesn't
<br /> normally require that, but we are willing to do it, notwithstanding the fact that this is very
<br /> atypical. So while we would be disinclined to do a traffic study, there is a commitment to
<br /> dealing with these types of improvements that we think would help movement in the area.
<br /> CARR SMITH: Did you
<br /> NEWBERG: I appreciate thesorry, Madam Chair?
<br /> CARR SMITH: Did you have something else?
<br /> NEWBERG: I just wanted to know if there is going to be proposals made or requests made, if
<br /> there is anyI would assume, you are here today, I was kind of hoping to see maybe, not only
<br /> attorneys and Sidney as the consultant, but maybe somebody that could speak, you know, for
<br /> Michael, the owner of Diamond Resorts, or, you know, I realize you folks are a very large
<br /> organization. I don't know if this is a situation where we are going to make any amendments. It
<br /> seems great that we've made a step forward, and there is commitment to secure the property, to
<br /> have a local contact for those that are neighbors to the property established. I'm just curious of,
<br /> you know, beyond that, if there is any proposals made, are you able to accept or speak on behalf
<br /> of the owner?
<br /> FUKE: Maybe I can just kind of answer. Yeah, I think your question is very germane,
<br /> Commissioner Newberg. I think that the attorneys are in the position to agree to certain
<br /> concessions, but areas that they cannot agree with, you know, like for example, I would not have
<br /> recommend, you know, going along with a traffic study, but other things relating to for example
<br /> like on the maintenance program, you know, if there are other languages that the commissioners
<br /> may have, I believe like the attorneys would be in the position to speak on behalf of the owner
<br /> and make that commitment. So it's really like the nature of task.
<br /> CARR SMITH: Very good, thank you.
<br /> NEWBERG: Fair enough. The only question I have, if I may ask one more, and I would assume
<br /> that maybe the attorneys that would be appropriate to ask, I know in dealings in the State of
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