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because there was no time limits. At Ko Olina west beaches when those lagoons were built, the <br />developer excluded the public from lateral access for about 9, 10 years because there was no date <br />put in the condition. Hale O Lono Harbor on Molokai, when access provisions were required, it <br />was decades until the access was provided. And I believe Chris was on the Board of Land and <br />Natural Resources when that issue raised its head once again. So this condition needs to have a <br />timeframe. <br />Finally, the final condition is we would like specific language as we’ve put it at the very end of <br />our testimony, “The applicant shall not use a beach pass system at the security gate near the <br />highway to restrict public access to the beach.” It can or it should, it shall implement a system <br />that assures the resort guests don’t use that parking and that the beach parking is available to <br />native Hawaiians exercising traditional customary rights as well as other members of the public. <br />Thank you. <br />WATANABE: Do we have any questions for Mr. Frankel? Seeing none, thank you. <br />FRANKEL: Thank you. <br />GAUTHIER: Gregory Gauthier. They are silent like Perrier. It’s fate that brought me <br />here because I had no idea what the young men -. <br />WATANABE: Address. <br />GAUTHIER: Oh, Gregory Gauthier, 64-5303B, as in boy, Puanuanu Place, Kamuela, <br />Hawaii 96743. It’s fate that brought me here because I had no idea it was going to talk about the <br />shark and the beached whale because I’m a bartender for Mauna Kea and I’m currently elected to <br />be their union rep. But if I ever not get elected, I’ve got to go back, bar tend on the beach at <br />Mauna Kea. I mean it’s terrible, I know, it’s hard being me. It’s a beautiful resort. But I was <br />bartending the day the sharks attacked the beached whale, and that made the newspaper; and <br />there were so many people buying frozen drinks, it was beautiful. No one was in the water, it <br />was a sea of orange towels and not one person in the water. And so I can attest that it was a <br />liability concern and we would have loved to have people in the water too. <br />Secondly, as a bartender down there, I’m very, I know about the parking situation because it’s no <br />secret, I’m going to let you in on it, locals tip better. They do, so the more parking spaces for <br />locals the more money I make as a bartender. So we’re very open to have that many people and <br />we hear the complaints. So the parking in any good negotiation you have 30 parking spaces <br />now. This young man was asking for 50. The hotel is willing to do 40. To me that’s a win-win, <br />you’re already there. <br />Secondly, I’ve got to take offense, small kind, to the competency of the security at the top. A lot <br />of them are good friends of mine. They’re not even union members and a lot of them are native <br />Hawaiians. And I take offense to them not being competent because it takes up a lot of aloha to <br />monitor that parking situation.So I think that takes a little bit away from Ms. Blakemore’s <br />credibility on that issue. So I take offense to that. <br />And lastly, a lot of what she had said was hearsay. And Mr. Graham did supplement with a first- <br />hand story, which certainly gives a lot of credibility. But that’s how I know Mauna Kea Beach <br />EXHIBIT B <br />9 <br /> <br />