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and I think it has worked. It has come up with a design that’s very good and acceptable to most of us. Thank you. WOODWARD: All right, thank you. Any questions for Mr. Terry? Okay, seeing none, if you gentlemen and ladies may be seated, we have seven people signed up from the public to testify. So once again if we could limit public testimony to three minutes each please; and if you go beyond that we will gently but firmly remind you to summarize. Let me call the first four people up – Fred Fogel, Kathryn Powell, Michael Nakamura, and Richard MacQuiston. Okay, Mr. Fogel, you signed up first. Let me first swear you all in. If you’ll all raise your right hand. Do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. WOODWARD: Okay, very good. Okay, Mr. Fogel, if you would start, give us your name and address and then begin your testimony. FOGEL: Fred Fogel, 11-3240 Lehua Pele in Volcano. The government passes rules and regulations for good reason, at least that’s what one would hope. Yet, another branch of government comes in and asks for waivers to those rules and regulations, okay. Now if the rules and regulations were outdated or needed changing, then you’re the government, change them by all means. But the government should set the example. They should follow the rules and the regulations as they are written with no exceptions and no waivers. If they expect the people to do that, the government should do that. They should be above and beyond what they expect the general public to follow. So I respectfully request that you do not grant any waivers to existing rules and regulations as applies to construction in the special management area permit area of Reeds Bay. WOODWARD: Okay. Do we have any questions for Mr. Fogel? Okay, seeing none, Kathryn Powell. POWELL: Okay, thank you, sir. I’m scared so please bear with me. WOODWARD: Don’t be scared. POWELL: I’m just nervous. Thanks. WOODWARD: But if you’ll give us your name and address first, that will give you some time to take a deep breath. POWELL: Kathryn Powell, 11-3240 Lehua Pele, Volcano also. And I’m bit a of a tree hugger. Fred and I heard about this through Tim Rees. And I thought, gee, this doesn’t make any sense, why would they cut down the trees on Banyan Drive, it’s named Banyan Drive for a reason, there’s banyan trees on it. And I consider those heritage trees because they were built, I mean, put in the ground in the thirties, most of them, and they spent their lives doing what they should do, which is grow and make shade and be beautiful. They’re beautiful. And I know that a lot of people consider certain plants indigenous and others not indigenous. But guess what? 10 EXHIBIT C