2011-04-07 EXHIBITB - Laserfiche WebLink

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DARROW: Thank you, Mr. Chairman. This is the application subm Bioenegy LLC. TheyÓre requesting an amendment to Special Manage 221. This meeting is for discussion and action on the hearings recommendation on the amendment to SMA Use Permit No. 221 which establishment of a coal storage area and coal burning energy pla The amendment request is to allow a change in fuel source from c existing facility, and to construct support facilities and infra power plant. Since our initial public hearing, which was on May 7, 2010, they granted standing in a contested case by the Planning Commission. proceedings were held by hearings officer Robert Crudele. This was held from October 18th to ndth the 22, as well as October 27, for a period of six days. A site inspection was also conducte st as part of the proceedings. On March 21, I'm sorry March 21, 2011 the hearings officerÓs recommendation report was submitted electronically to the Planni 2011 the exceptions to the report were filed by Attorney Stephen intervenors. And on April 6, 2011 a statement in support of the recommendation report was submitted to the Planning Department b Planning Department. Since our last initial hearing, there have been submitted to the Planning Commission, and those have been p KERN: Thank you, Jeff. Yes, we have received many letters, muc questions for staff, Fellow Commissioners? Okay seeing none let issue that we're dealing with is a request for oral argument; an us from Stephen Strauss, the attorney for the sixteen intervenor give Mr. Strauss three minutes to, actually, yeah, weÓre going to give Mr. Strauss three minutes just to give us his side of why he wants to have an oral argument. We will bring up a, have a motion, have some discussion, and figure out whether weÓre going to grant the oral argument part of it or not. So as of right now please raise your right hand. Do you swear to tell the truth before the Windward Planning Commission today? STRAUSS: I do. KERN: All right, name and address and you may begin. STRAUSS: My name is Stephen Strauss. I reside at 29-2173 Old Mmalahoa Highway in Hakalau. Thank you for the opportunity to address the Commissio preliminary matter before we deal with the issue of oral argumen the constituency of the Commission itself. I presented a couple Corporation Counsel and asked her to confirm whether Mr. Ishibas in one of those photographs, or two of those photographs. And it appears that he is, and it also appears that he is wearing a Hu Honua T-shirt. And we think that this is a significant appearance of impropriety, if not actual impropriety, that requires his recusal, and that he should not be ruling on the motion for oral argument, he should not be ruling this case. So IÓd ask you to take that up first before you deal 2 EXHIBIT B