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would agree with his characterization that if he’s going to have three or four, Brother Smitty is
<br />going to play at a team roping, we don’t have a problem with that. It’s the reggae concert, it’s
<br />the “Beach Boys,” that kind of stuff that we don’t want to see here.
<br />GONZALEZ: Well, is a concert a performance by an artist as a fund-raiser to benefit someone?
<br />HIGGINS: Good point. It, let me put it this way. If you were inclined, the Commissioners were
<br />inclined to accept the limitations that are on what local charities are that are in our Condition
<br />No. 6, the underlined language which confines it to a) 501(c)(3) organizations, b) Hawaii
<br />nonprofits, or c) individuals or families in crisis or experiencing medical or financial hardships
<br />and identified as such by a Hawaii charity exempt under 501(c)(3), if you were to accept that,
<br />and we’re talking about a reasonable number of special events per year (and we’ve proposed
<br />four, they proposed 20, there was some willingness to discuss a smaller number on their part
<br />during our meetings, if it were a number that were closer to the lower end of that) and an
<br />occasional concert genuinely to benefit a nonprofit agency, we have some aloha for that concept
<br />and we would go with that.
<br />GONZALEZ: Well, see, so that’s my point, is you are creating an end around against no
<br />concerts. But when I asked that question if a concert includes some kind of musical performance
<br />mixed in with a benefit fund-raiser, Mr. Mooers shook his head, no. Am I correct, Mr. Mooers?
<br />That’s not what you envision concert to include, right?
<br />MOOERS: Correct. Yeah, concert to my thinking is where that is “the” event,” that the
<br />musical -.
<br />HAYASHI: Will you use the microphone, please.
<br />GONZALEZ: Yes.
<br />MOOERS: I believe my statement was that if the concert was “the event,” if the music was “the
<br />event”, as opposed to people playing after a dinner or playing in conjunction with a roping, I
<br />would not consider that or characterize that as a concert.
<br />WOODWARD: Thank you. Ms. Frederick, were you going to make any statement?
<br />FREDERICK: Forgive me for not being comfortable with public speaking.
<br />WOODWARD: That’s fine. I was just asking the question. If you want to have Mr. Higgins be
<br />the representative, that’s fine.
<br />FREDERICK: Okay. I would just say that, you know, I’ve just, so you know a little bit about
<br />me -. I mean, I’ve just been in the area for five years. I came from Oahu to get away from all
<br />the crowds over there and to be in the country over here. I really love the Hamakua area. And I
<br />feel that there has been some deception, perhaps not total disclosure of events that are being held
<br />or that would like to be held at the arena. I do feel, speaking on my own, that as Mr. Higgins
<br />said I love the idea of a country market. I live right there, it’s very convenient for me. But when
<br />I was there recently for one of the markets I saw a box from Lowe’s, you know, like a light or
<br />lamp from Lowe’s with the bar code still on it, still in the box. And that as Mr. Higgins said is,
<br />you know, it really bothers me. I think that is not appropriate for this area. I do see that as not in
<br />keeping with the wording on the permit request for things to benefit local farmers, ranchers; and
<br />I also support local crafts people. But DVDs, cosmetics, books, you know, clothing made
<br />elsewhere, I don’t believe that that is in keeping with the area. And I also have the concerns
<br />about the overall vagueness of the wording of the request. You know, how do you define what is
<br />special and occasional? And, also, I believe, I obviously don’t have the wording of the 6.6, 6-6
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<br /> EXHIBIT D
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