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SONG: Do you want me sworn in? <br /> <br />KERN: I certainly do. Do you swear to tell the truth today before the Windward Planning <br />Commission? <br /> <br />SONG: I do. Good morning, Mr. Chairman and Members of the Commission. My name is Sandra <br />Song, and I represent Russell Doi who is a beneficiary of the Margaret Hirose Trust. We did have a <br />meeting and I did receive a copy of Mr. Yeh’s letter from the Planning Department, not from Mr. Yeh. <br />But I respectfully submit that we still object to this petition. And I understand what the Commission’s, <br />what the Corporation Counsel’s position is and your attorney’s position is. But it’s still our position <br />that since this change of zone involved all these parcels it just cannot go through. And I understand, I <br />understand your attorney’s position. But in my, as I see this it’s no different than when you have land <br />that has title that is encumbered and you have to do a quiet title in court. There is a problem; and I <br />think that technical problem with the landownership prevents this application from going through. But <br />it’s the Commission’s decision as to how they want to proceed. <br /> <br />KERN: Thank you very much. Do we have any questions for either applicant or testifier? Not at this <br />point, okay. So, Amy, would you like to comment. And I’m going to swear you in too. Raise your <br />right hand. Do you swear to tell the truth today before the Windward Planning Commission? Your <br />other right hand. <br /> <br />SELF: Yes, yes. Deputy Corporation Counsel Amy Self. What -? <br /> <br />KERN: Your other right hand. <br /> <br />SELF: Sorry about that. <br /> <br />KERN: Do you swear to tell the truth today before the Windward Planning Commission? <br /> <br />SELF: Yes. I guess it’s the first time I’ve ever been sworn in. We did meet and at the table everyone <br />was in agreement with the solution we came up with. But I guess things have changed since that time. <br />But I just want to explain to the Commission what the Planning Director’s position is. It’s that we <br />couldn’t take the TMK off the title of the zoning because that zoning is the zoning for all five <br />properties. So you cannot, you know, we’re not downzoning the property, their property, Parcel 3. <br />It’s, so the only other way we could do this to satisfy the issue of not getting all the signatures, in other <br />words not getting consent from all the property owners, was to indicate in the ordinance that the <br />amended conditions, the conditions that you’re amending, do not affect Parcel 3. It only affects the <br />other four parcels. So by doing that, cause none of these conditions do affect Parcel 3. And you’re not <br />rezoning. These properties, all five properties have already been rezoned. So all you’re doing is <br />simply changing some of the conditions of the rezone ordinance which do not in any way affect Parcel <br />3. So with that being said, there’s no reason why this cannot go forward from the Commission up to <br />the Council, because you’re not changing anything for Parcel 3. If you were doing something that was <br />changing, like if any of the conditions actually affected Parcel 3 that you’re changing, then my, I <br />would be saying, no, we need consent from all the property owners. But since that’s not happening <br />and you’re not rezoning the property without a property owner’s consent, there’s no reason why this <br />3 <br /> EXHIBIT E <br /> <br /> <br /> <br />