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testify; and I know Mr. Fuke that you have some summaries to produce. Would you like to go <br />first with the summary of the negotiations. And for formality could I swear you in. Do you <br />swear or affirm to tell the truth now before the Planning Commission? <br />FUKE: I do. <br />WATANABE: And, of course, name and address. <br />FUKE: Sure. Good morning, Mr. Chairman and Members of the Commission. <br />My name is Sidney Fuke. I’m a planning consultant assisting Hawaiian Rainforest with this <br />rezoning application. My business address is 100 Pauahi Street, Suite 212, Hilo, Hawaii. <br />Thank you, Mr. Chairman. You know, regrettably after probably about four to five weeks of <br />active negotiation with representatives of W. H. Shipman, you know, the understanding basically <br />kind of fell apart. So, you know, regrettably we could not reach any sort of an agreement. And <br />the applicant has thus requested that it, you know, that it be given the opportunity to proceed <br />with the current applications before you. Having said that, I’d like to just generally kind of like <br />reiterate some of the points behind this particular rezoning application. The applicant bought the <br />property in 2007. His initial plan was to, and still continues to be, to not only renovate the <br />existing abandoned warehouses in that area but to rent or lease out those buildings for some sort <br />of light industrial uses. In addition to that he also wants to, he has a permit for a waterwell and <br />wants to do a bottling and beverage facility on this site. He had, prior to his purchasing the <br />property back in 2007, one of his associates sought and received an opinion and a letter from the <br />Planning Director at that point in time attesting that procedurally the way to go through the <br />entitlement process would be not the special permit but to go through the rezoning; and this is <br />predicated upon the site’s designation as Industrial. And so, you know, with that letter, in <br />reliance of that letter, then the acquisition was made. He had also early part of last year applied <br />for and then subsequently was qualified by the State and the County as an enterprise program; <br />and this enterprise program, you know, enables the applicant to get certain tax relief in exchange <br />for generating, assurance of generating “x” number of jobs. And I think that the Commissioners <br />are well aware of the current state of the economy; and this being on this enterprise program, <br />which was also endorsed by the County, you know, I think speaks volume relative to the <br />importance of the program, I mean, the development of this nature. <br />Basically all of the required infrastructure, whether it’s like wasterwater system, you know, the <br />access, the archaeological issues were addressed in the application that I provided you earlier. <br />So in the interest of not being redundant I’ll just kind of like pass on that. The residual issue, of <br />course, you know, just dealt with the question about the legality of the access. And, you know, <br />to that, you know, I’ll have to defer to the applicant’s attorney, Paul Sulla, you know, who at <br />some point in time would like to address that in a little bit more detail. I would like to, however, <br />apologize to the Commission for having to bring this access question, you know, before this <br />Commission because it’s my belief that the proper body to make a determination on this access is <br />really like not the Planning Commission or the County Council, it’s really, if there is some <br />question regarding the legality of the access, then the appropriate body really should be the <br />courts. <br />Finally, that’s about it, I think. So I’ll just kind of open ourselves up for any questions. And <br />then -. <br /> EXHIBIT A <br />2 <br /> <br />