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<br />BOSTOCK: Yeah. My understanding is one of the conditions was that if the Planning Director <br />receives a number of complaints -. <br /> <br />MOORE: That’s, that’s, you know, if we can, there is some proposed conditions, which we have <br />been informed of and agreeable to that will, I think, help address some of these concerns. Let me <br />also point out that Tim does not own the property that he is working on; this is a year-to-year <br />agreement with the community association. So if things screw up, he can get kicked out <br />independent of the special permit. So I think there’s a number of safeguards both internally to <br />Waiki‘i Ranch, as well as externally to this Commission and to the other authorities that have to <br />review this process that we are agreeable to. <br /> <br />GIFFIN: Bill, I think that, and Daryn, correct me if I’m wrong, to hear now from, you know, to <br />discuss the suggested changes and the conditions might be a little premature. Should we hear from <br />the members of the public who have signed up to testify? <br /> <br />ARAI: I believe that will be the prudent thing to do, because there may be aspects that we are not <br />aware of and we may be heading down a particular path without consideration of other concerns. <br /> <br />GIFFIN: Right, right. So, Bill, your suggestion is well taken but, with your indulgence, I’m going <br />to go ahead and call up the four people who have signed up to testify: Douglas Shinsato, Daniel <br />Gonzalez, Kathie Sullivan and Leslie Agorastos. There are four seats there. Will you please come <br />forward, so I can swear you in. Thank you. Will you please raise your right hands. Do you swear <br />or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning <br />Commission? <br /> <br />TESTIFIERS: Yes, I do. <br /> <br />GIFFIN: And starting from you, sir, your name? <br /> <br />SHINSATO: Madam Chairman, Members of the Commission, my name is Doug Shinsato. I am a <br />resident of Waiki‘i Ranch. And as general background, I am also a member of the board of <br />directors. But given that the board has not had any discussion or any votes on this proposed music <br />event, I do not represent the board; I represent myself as a resident. <br /> <br />GIFFIN: Fine. <br /> <br />SHINSATO: My main concerns, I guess the first one was Commissioner Whittemore’s comment <br />about the alcohol. First and foremost, because I drive Saddle Road several times a day, I do know <br />that it is a unique road, and even though the applicant, as he said that he would provide a separate <br />certificate of insurance in the event of an accident on Saddle Road, if a judge or jury were to find <br />that the accident was caused by the consumption of alcohol at the music festival on Waiki‘i Ranch, <br />even though Mr. Bostock’s insurance company would pay for any assessed damages and liability, <br />that would have an adverse effect on the Waiki‘i Ranch and the Waiki‘i Ranch Homeowners’ <br />Association insurance fees. We’ve confirmed that with our insurance agent. So that’s a major <br />concern. In the event that the Commission decides that they would approve Tim Bostock’s <br />application for special use with a use or a permission to serve alcohol at the music event in <br />perpetuity, I would like the Commission to consider having an annual review of that based <br />especially on this first year’s performance. <br />14 <br />EXHIBIT A <br /> <br />