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development, that is a huge concern as far as youÓve got major industrial development going on to the east of the National Park. This area, youÓve already seen the development here right to the south of the National Park, and to north is Kohanaiki development and they are already having issues with the SMA Permit on as far as the amount of, they are not supposed to be raising the elevation more than five feet on their house lots or house pads that are being built above that adjacent to the National Park; so itÓs looking down some of those lots into the, actually looking into the National Park. So thatÓs an issue at this time. Thank you very much. WATANABE: Okay. Do we have any questions of Mr. Flaherty? None? Thank you. Janice? Is that correct? PALMA-GLENNIE: ThatÓs right. Good morning and aloha, Commissioners. My name is Janice Palma-Glennie, and I live in Kailua-Kona. I provided written testimony previously on this issue. But IÓm speaking today again in support of the General Plan amendment that would right a wrong that was done a few years ago Î one that would have opened a highly sensitive, natural and cultural area to urban development. By giving a positive recommendation for this corrective amendmen will be supporting a true win-win land use decision. First, supporting the current amendment honors the wishes of Kona residents. When the current General Plan became law, the land in question was an Open protective designation. The 2006 ad hoc Planning Director initiated Urban change but nothing but grief to the Kona community. When Bill 309 to upzone the area was before the County Council, there was a huge public turnout, as Chuckie had mentioned, and almost all if not totally unanimous testimony was against that change of land use classification. Second, the current amendment honors Hawaiian host culture, as youÓve heard much about today. Third, a decision in favor of the amendment honors the Kona Community Development Plan mandate, again, as Chuckie mentioned. Community support for protecting coastal lands to the highest degree including 1,000-foot shoreline setbacks for development is clear from avalanche of input provided during the ongoing KCDP process. On Wednesday, in fact, as you probably have heard, the KCDP Action Committee voted unanimously to support this amendment and protection of this coastal area and an effort to follow what is now County law. Fourth, last thing, supporting the amendment honors the Federal mandate that the land surrounding the Kaloko-Honokhau National Park be ultra-protected due to the ParkÓs highly sensitive, natural and cultural resources. This decision is made easy for Commissioners since the amendment protects crucial coastal resources and supports Federal and local law without the complication of a takings issue. In closing I ask the Commissioners to follow the lead of the tho worked since the 1970Ós to protect this area, and I ask that you vote in favor of this win-win General Plan amendment. Mahalo. WATANABE: Do we have any questions of the testifier? None? Okay. Kaliko Chun. CHUN: Good morning. I am Kaliko Chun. And in particular to this morningÓs appearance IÓve been involved with Richard Dickie Nelson in this legal action that was provoked by -. EXHIBIT E 10