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REPRESENTATIVES: I do.
<br /> CARR SMITH: Thank you. All there, thank you. Okay, go ahead and begin your presentation,
<br /> your update,please. Mr. Fuke, I assume you are starting.
<br /> FUKE: Can you hear me?
<br /> CARR SMITH: Yes.
<br /> FUKE: Okay. Thank you very much, Madam Chair and Members of the Commission. I'd like to
<br /> go on record to note that- - -we heard the discussion regarding Commissioner Van Pernis. And
<br /> from the applicants' perspective, we cannot help but feel like this is like a personal bias against
<br /> Mr. Cook, and so that in and of itself should be justification for a recusal from this hearing of these
<br /> applications. In the alternative—and I know the decision had been made, and we accept his
<br /> participation then we would respectfully request the Chair direct his questions or commentary to
<br /> on a one-person basis, and so that's what we are asking for
<br /> CARR SMITH: Sorry, what do you mean by the one-person basis?
<br /> FUKE: I'm sorry?
<br /> CARR SMITH: What do you mean by that? Just so - - -
<br /> FUKE:
<br /> - -FUKE: Yes, specifically, like if you, you know, look at his email and, you know, there are two
<br /> portions that the Commissioners had decided to - - -. The first portion, if I were Mr. Cook, I'd feel
<br /> kind of like rather- - -was a personal thing saying that, you know, he was kind of- - -bankruptcy
<br /> and his only income was Social Security, so on and so forth, you know. I don't think they really
<br /> have much relevance to the nature of the applications. What you are considering right now is a land
<br /> use application; you are not screening on Mr. Cook being a member on the board- - -regulatory
<br /> agency. So I think those kind of- - -uncalled for. Comments relating to, you know, the traffic
<br /> impacts, so on and so forth, they are definitely germane, you know, to the application. And we
<br /> would ask that the Chair make sure that the comments are limited to the nature of the application and
<br /> not necessarily who the applicant was or is.
<br /> CARR SMITH: Understood and agreed. Thank you.
<br /> FUKE: So, inasmuch as like, you know, I had to - - - listening to Christian's presentation because I
<br /> got kind of like - - -there is a lot of- - - information, and planners have been devoted to do this
<br /> application. And we are at the stage where kind of like making our final oral arguments to this
<br /> panel, this panel of judges, the Commission. Before I summarize, I, you know, I had—Ken was on
<br /> the phone, and I think he is going to be back on—but basically, he was, you know, going to commit
<br /> that on behalf of his client, Spring Capital, that they stood ready, willing and able, you know, to do
<br /> the project, subject to the outcome of the pending request. We also have Mr. Cook and Randall
<br /> Okaneku standing by in the event that there are questions that are needed for him to, for them to
<br /> answer.
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<br /> EXHIBIT C
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