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GONZALES: Is there a second? <br /> <br />HENKEL: Second. <br /> <br />GONZALES: All in favor say aye (unanimous). <br /> <br />COMMISSIONERS: Aye. <br /> <br />GONZALES: Motion passed. Members of the public, please give us a few minutes. Thank you <br />very much. <br /> <br />EXECUTIVE SESSION – The Commission went into executive session at 11:42 a.m. The <br />Commission came out of executive session at 12:05 p.m. by a motion made by Commissioner <br />Moses, seconded by Commissioner Miyasato, and unanimously carried by a voice vote. <br /> <br />RECESSED: The Chair called a recess at 12:05 p.m. <br /> <br />RECONVENED: The meeting reconvened at 12:10 p.m. <br /> <br />GONZALES: Ladies and gentlemen, welcome back. We are back in general session of the <br />Windward Planning Commission. Agenda No. 7, Hu Honua BioEnergy LLC, SMA 221. After a <br />few housekeeping matters are concluded, we’re going to begin taking public testimony if anyone <br />is signed up to testify. I have one right now. But if anybody else would like to testify, please see <br />Sharon. Just so we’re all on the same page, remember that this is to address the Third Circuit <br />Court order from Judge Nakamura filed Aug. 27, 2013, for Supplemental Proceedings to this <br />Commission for the narrow purpose of clarifying Conditions 11 and 12 of its June 7, 2011 <br />Decision which states, clarification to Conditions 11 and 12. All Commissioners present <br />participating have reviewed the record, files, transcripts on this matter, including Planning <br />Department Exhibits 1 through 11 and made a part of this record. Commissioners, any objections <br />to that? <br /> <br />HEAUKULANI: None. <br /> <br />GONZALES: Okay, with that said I’d like to call the Applicant up, please. Will you raise your <br />right hand. Do you swear to tell the truth before the Windward Planning Commission today? <br /> <br />APPLICANT: Yes, I do. <br /> <br />GONZALES: All right. State your name, please, and then begin. <br /> <br />GRIMMER: Gary Grimmer is my name. I’m an attorney representing Hu Honua in the Third <br />Circuit matter from which the, Judge Nakamura’s order issued. Good afternoon, Mr. Chairman <br />and Commissioners. <br /> <br />The issue before you is a simple one. It’s somewhat substantive but actually more procedural <br /> 4 EXHIBIT B <br /> <br /> <br /> <br />