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rules memorized. But a principle seems to me that you need to be able to determine the effect of
<br />the event on the community or the surrounding area. And so if things are not specified, how can
<br />you determine what that impact is? So my concerns definitely have to do with the vagueness, the
<br />open-endedness of it, and the fact that other things are being done that are clearly more
<br />commercial in nature. So I do hope that you will consider that.
<br />WOODWARD: Okay, thank you. I have a question, well, really a comment more than anything
<br />else. It seems to me that with regards to most of the things that were important to you such as
<br />the noise level, etc., that you’ve had reasonable success in dealing with the applicant. The other
<br />thing, and I’ll throw this out to you because this is important - if we get too carried away with
<br />trying to make this a murky issue and we end up with a split vote here, that is three-four, three in
<br />favor and two against, a decision is not reached. If a decision is not reached, there is defacto
<br />granting of this special permit with no conditions. Okay? So that’s the potential problem. This
<br />is from 6-6 of Planning Commission Rules and Regulations, is that we do not, if we take a vote
<br />then we can’t continue the issue. Once we take a vote, if we’ve not reached a decision, then that
<br />special permit is admitted as a defacto event with no conditions, there will be no conditions at all
<br />with the special permit. Okay? So I just wanted to make that clear to you, and to my fellow
<br />Commissioners, that that’s the situation that we’re in as far as trying to come up with a
<br />reasonable set of conditions that we can agree upon. Because, otherwise, if we have no
<br />agreement this special permit is deemed approved with no conditions. So, be aware of that.
<br />GONZALEZ: If there is a vote taken.
<br />WOODWARD: That’s right, if there is a vote taken. Okay, do we have questions for
<br />Mr. Higgins or Ms. Frederick? All right, thank you, folks, if you’ll be seated. Mr. Mooers, did
<br />you want to respond to any of the testimony?
<br />MOOERS: Thank you, Mr. Chairman. Actually, there’s several things I’d like to say. The first
<br />thing is, I guess I’m a little bit upset with the characterization that the application was
<br />misleading, or Ms. Frederick said deception, or was deceiving. I’ve been doing this for over 20
<br />years and I could not be in business if I deceived you. I would have been out of business a long
<br />time ago. I’m sorry if Ms. Frederick and her attorney didn’t feel I was being clear, but I’m
<br />happy to go through my application by page by page -- In fact, which I say specifically one of
<br />the purposes is for local vendors to sell products to the general public, didn’t claim that
<br />everything in the farmers market was going to be agriculture. It’s not.That’s why we don’t call
<br />it a farmers market, we call it a country market. There are people who sell t-shirts, there are
<br />people who sell nail polish, there are people that sell soap. And I don’t believe, I strongly do not
<br />believe that the impact of myself sitting at a table selling soap is any more impactful on the
<br />neighbors than if I were selling turnips. I don’t generate any more traffic, I don’t generate any
<br />more noise.
<br />Now clearly the difference is that the applicant/her attorney don’t like the idea of these things
<br />being sold; and we accept the fact that they don’t like that. But we also submitted two dozen
<br />letters of people who did like the ability to be able to sell t-shirts and other items to make money.
<br />Mr. Higgins characterized the building as being just like Wal-Mart (sic). Well, it’s simply not
<br />true. We’re talking about having events right now about one Sunday a month. We’re asking in
<br />the permit for once per week. That building is used actively in the agricultural uses on that
<br />property. And I believe Mr. Anderson has no problem demonstrating the fact that he runs cattle
<br />and has a cattle operation on that property. The use of this two-plus acres of an arena, a working
<br />equestrian arena, on occasion for other events does not destroy the character of the area. It does
<br />not take that use out of agricultural production. So the fact that we’re located somewhere
<br />between Waimea and Hamakua, what makes it unique is the fact that the arena exists, that a
<br />million dollar investment was made and that arena is there. This does not set a precedent for
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<br /> EXHIBIT D
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