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that would probably take care of any flooding issues after the construction, right, but not during <br />the construction? <br />EMLER: Yeah, the requirement is for the developer to dispose of development generated runoff. <br />So the runoff that’s been described by the neighboring property owners, though, is runoff that is <br />occurring now, and that runoff is not required to be disposed of as part of the development <br />process because it is existing and the developer is not required to dispose of existing runoff; they <br />are allowed to let that continue. <br />BOWMAN: Thank you. <br />HOUSEL: Any other questions of Mr. Emler? Thank you very much, Ki. I’d like to recall the <br />applicants, please. <br />GONZALEZ: Mr. Chair, while the applicant is coming back to the table, I’ve been asked by <br />staff to make an announcement. Item No. 5 on the agenda – and this is for members of the <br />public who have signed up to testify and are waiting – it was scheduled for 10:30 a.m. There is a <br />request to withdraw the application, meaning that they are not going to ask for whatever it is they <br />are asking in the application. But you still have the right to give public testimony on Item No. 5 <br />because it is on the agenda; but if you are objecting to the project, you don’t have to stick <br />around, if you don’t want to, because they are actually withdrawing the request, so the <br />Commission will be deciding on accepting the withdrawal later today. Thank you. <br />HOUSEL: Thank you, Counselor. Remind you, you are still under oath. Would you like to <br />respond to some of the concerns? <br />FUKE: Sure, thank you very much. And I think all three of us will respond in different areas of <br />our so-called “knowledge.” First of all, I’d like to respond to the area of the ownership. In the <br />application that I had prepared and submitted, I don’t know whether there have been some <br />factual changes to that, but I had attached a resolution that was approved by the County back in <br />1977 – it’s Resolution No. 128. And I’ll just read a certain section. It reads that the easement is <br />owned, the property “is owned by the Department of Health, State of Hawai‘i, but has been <br />transferred to the County of Hawai‘i by Executive Orders 1842 and 2486.” So unless there’s <br />been some nullification of that transfer, then I would assume that the County at this point in time <br />will still retain jurisdiction; but I don’t want to go down that road since I’m not an attorney and <br />whatever, but this is the only thing I had. <br />I know that there’ve been multiple concerns raised, and one of which dealt with whether there is <br />an effective demand for such a facility and whether if you build, will the doctors come, so on and <br />so forth, and on that I’d like to kind of defer that to Dr. Sugai. <br />On the issue of the eucalyptus trees, the value, its ability to be retained, so on and so forth, I’d <br />like to defer that portion to Mr. Ghalamfarsa who is the land planner and architect for this <br />project. <br />17 <br />EXHIBIT A <br /> <br />