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SIRACUSA:Yes. <br />ALAMEDA:Okay. Commissioner Graham, any thoughts? No? <br />GRAHAM:No. <br />ALAMEDA:How about this side? Commissioner Galdones? <br />GALDONES:There being no further discussion, I€m prepared to make a motion <br />if you€ll entertain -. <br />ALAMEDA:Sure. <br />GALDONES:I€d like to make a motion that we support the proposed settlement. <br />WATANABE:I second. <br />ALAMEDA:Motion made by Commissioner Galdones, seconded by <br />CommissionerWatanabe.Discussion?CommissionerGraham. <br />GRAHAM:Well,IhavetoacknowledgethatIthinkthethreeattorneyssitting <br />in front of me here probably know a good deal more about this issue than I do so it€s <br />difficult for me not to go along since they€re all in agreement. But I sense that there€s <br />sort of, to use a crude word, kind of a gaming‚ going on; and when there€s a gaming‚ <br />going on that I don€t know too much about, I feel reluctant to join. So I feel like my duty <br />is to the people of Puna and my duty is to doing things in a proper way. And, to me, for <br />the Judge to say that a charge to the developer of less than $1 million, or half a million, or <br />even less than a half a million, as Ms. Leithead-Todd indicates is possible, is really at <br />odds with the facts of the case, even though I certainly can understand there€s merit that <br />the existing conditions may also be at odds with the facts of the case as being too much. <br />So I don€t feel proper juggling the future of a golf course for the people of this district <br />based on a settlement that a Judge may impose without the factual basis that we have. So <br />I just am too uncomfortable to go along with this settlement. <br />ALAMEDA:Other Commissioners, discussion? Commissioner Iwashita. <br />IWASHITA:I just want to say I share Commissioner Graham€s concerns. I <br />understand that, you know, settlement is not being imposed by the Judge. I think all the <br />parties and, for the record, I€d like to say all the Commissioners have given consideration <br />of this settlement in utmost good faith in, you know, trying to resolve it in the best way <br />we feel is possible for the County as well as the developer. And, again, you know, I tend <br />to agree with the Director€s impressions and opinions about whether this golf course <br />ultimately will be built. But, on the other hand, you know, I guess if you want to call it <br />the risk that if it actually gets built then, you know, the County has really got the short <br />end of the stick on all of this. So, I just want to make a record that that€s, you know, I <br />share Commissioner Graham€s concern; and I€m all for settling cases --. <br />23EXHIBIT D <br /> <br />