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ISHIBASHI: So I just wanted to thank you, yeah. Thank you. <br />CHUN: Thank you. <br />WOODWARD: Okay, we have one other testifier today. You could all have a seat back in <br />the audience. We have Mr. Frankel signed up to testify. Okay, if I can swear you in. If you will <br />raise your right hand. Do you swear or affirm to tell the truth today before the Windward <br />Planning Commission? <br /> <br />FRANKEL: Yes, I do. <br /> <br />WOODWARD: Okay, if youÓd give us your name and address, and then take your best <br />shot. <br /> <br />FRANKEL: Sure. My name is David Frankel. My office is in Honolulu, 1164 Bishop <br />Street, My home address here is in Volcano, PO Box 1185. I wasnÓt planning to testify but I <br />wanted to address a few things that came up. Our office represents Kaliko Chun, or represented, <br />I should say, Kaliko Chun. WeÓve settled the law suit and the dismissal is already in the works. <br />Bill Brilhante represented the County in the case and the settlement. And the dismissal is all <br />before the Judge to sign. <br /> <br />I wanted to address a few things that came up to just make thing <br />amended the General Plan changed an area that had long been Open to Urban Expansion. And it <br />was at that time that the Jacoby project was proposed. So it was in the timeframe when the <br />Jacoby project was, 2006, I mean, thereÓs not, you know, a number of years, but 2006 is when <br />things were happening, and they were testifying and lobbying for their project. The 2006 <br />amendment was one of many that went, that were passed; and thereÓs not opportunity to actually <br />separate this one from the package, but there was a lot of opposition in the Kona community <br />from, to that 2006 General Plan Amendment. <br /> <br />The settlement of the law suit does not require you folks or the Planning Director at this point to <br />do anything; but we were thrilled when Bobby Jean testified before the Leeward Planning <br />Commission last week Friday strongly in support of this General Plan change in the settlement. <br />You know, we had hoped to get a recommendation, but that wasnÓt part of the settlement at all. <br />All it was is that the plan would be, the General Plan change would be initiated. But we were <br />thrilled to get that recommendation. And IÓm also happy to tell you that the Kona Community <br />Development Plan Action Committee unanimously supported this proposal about a week and a <br />half ago; and last week the Leeward Planning Commission meeting in Kona unanimously voted <br />in support of this change. <br /> <br />I did nearly two weeks ago send notice to the Department of Land and Natural Resources, cause <br />I was actually concerned that we would be ambushed at some point with DLNR saying, hey, we <br />didnÓt get notice. But, in fact, as you heard, they did get notice. I went out of my way to make <br />sure they got extra notice. And I would advise the DLNR representative to get on the County <br />CouncilÓs mailing if theyÓd like to fully track this before the County Council. It is incumbent <br />11 <br /> EXHIBIT B <br /> <br />