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thth <br />of February 24 is Exhibit 16. Within our letter a portion of it states this 25 Anniversary event “is not <br />a personal event but an event for an entity (Belly Acres).” It is not represented as a, I mean, “It is <br />being represented as an ‘invitation only’ event and that you are requesting donations for the event <br />and/or for the non-profit entity holding the event. One would not ask for donations for a birthday party <br />or personal event. I have read your submitted declaration and it does not change my feelings about this <br />event. It is my decision that this is not a personal party or similar allowance that I made at our <br />meeting. This two-day event is way beyond what I allowed. You are circumventing these allowances, <br />which were given to you as a courtesy while you prepare your amendment application. The Planning <br />Department has notified you and your representatives that this is clearly beyond the allowance afforded <br />you in our meeting and in my March 25, 2010 letter and that you should not hold this two-day event or <br />you will be in jeopardy of receiving a violation notice and/or in jeopardy of your permit. You have <br />been advised by my staff that you should wait until the permit is amended before holding an <br />anniversary event….” <br /> <br />This was a portion of the complaints that was submitted. This was apparently an email that was sent <br />out to people regarding the event to be held. Basically it does state that this is a private party. It states <br />that “Invitations are required for admission. Donations in support of our artistic eco-village are <br />welcome.” But it also has a blurb regarding ticket sales which are $25 to $15, sliding scale for seats, <br />and $5, $15 to $5 for standing room. <br /> <br />This information was received on Facebook. It was an entry put it in for Bellyacres. This states, <br />thth <br />”Aloha Friends,” this was done on February 24, 2012, just before the February 24 and 25 events <br />th <br />were to be held for this anniversary event. “Aloha Friends, tomorrow February 24 and also Saturday <br />thth <br />25 at 7 p.m. Bellyacres is hosting our 25 anniversary celebration event.” It goes on to speak about <br />it. At the end of this, it says “We expect this event to be sold out as we have in the last four years with <br />Le Chic. Hope to see you there, Graham.” <br /> <br />th <br />In response to this our February 24 letter is also, as well as complaints that we have received, a <br />second notice of non-compliance was issued because of the anniversary event. Included was the <br />requirement for the Applicant to, order to show cause before the Windward Planning Commission <br />regarding non-compliance. Again, the Applicant was ordered to immediately cease and desist all <br />unpermitted activities which was listed. Included on the bottom portion of this, it stated “This included <br />any activities that were allowed previously by the Planning Director”, which would be the farmers <br />market as well as the bazaar. “Additionally, all activities permitted under Special Permit No. 1122 <br />were suspended pending the decision of the Planning Commission.” And, again, this was on <br />March 16, 2012. <br /> <br />April 5, 2012 the Planning Department continued to receive complaints that the farmers market <br />continued on, as well as other SPACE related activities. Third notice of non-compliance was issued. <br />The notice also ordered the Applicant to appear before the Planning Commission because the Planning <br />Director was moving for revocation proceedings. <br /> <br />Since the second Notice of Non-Compliance, the Planning Department has continued to receive <br />complaints that the farmers market, as well as other SPACE related events, has continued to operate in <br />violation of the Cease and Desist Order. <br /> <br /> 8 <br /> EXHIBIT B <br /> <br /> <br />