2013-10-03 Windward Transcript - Hu Honua

Home

than substantive. What specifically the Judge wants to know from the Commissioners by way of a Supplemental Order is whether you want to include Exhibit 9 of your packet, or as the archaeological report that goes into paragraphs 11 and 12 of your Order, or whether you want to have that Order set forth, that it is exhibit 10 and 11 of your packet. I have talked to Mr. Strauss who is the opposing attorney, the attorney for the Appellants in that case. I know that as he did in the Third Circuit Court he would like you to review much more than that and go broader than that. But I would like to point out to you that even Judge Nakamura, who would be the proper person to consider that issue, has already ruled that he’s only going to consider the issue concerning the SHPD report in his own court. So I don’t think you should get distracted with issues beyond that. I think it would be outside the remand from the Court which really has the jurisdiction at this point. And I will reserve any other comments for, after Mr. Strauss speaks, if that becomes necessary. GONZALES: Any questions from the Commissioners? Thank you, sir. GRIMMER: You’re welcome. GONZALES: Mr. Strauss? STRAUSS: Thank you. GONZALES: Please raise your right. Do you swear to tell the truth before the Windward Planning Commission today? STRAUSS: I do. GONZALES: Thank you. You may begin. STRAUSS: Thank you. Mr. Chairman, or Acting Chairman, and Commissioners, thank you. I represent Hilo Project LLC, Stefan Hagen, Robert and Patricia Ferazzi, Susan Munro, Kerry Glass, Marcus Spallek and Elaine Munro. There were other contested case participants that I no longer represent. They dropped out of the case. I just want to make that clear. I did represent them both at the Planning Commission and I do represent them in Third Circuit Court. And as a good at arguments that Mr. Grimmer often makes I prefer to make my own than having him make mine for me. First of all, well, let me outline the actions, I think, that you should take, consistent with the Court’s order, which I characterize differently than Mr. Grimmer. First, I think that you need to move to supplement the record. I think that you need to have a complete background report from the Planning Department, to make them do a fuller job. They should include the status of the current EPA actions that are challenging the Department of Health permits. And you should also conduct further hearings and receive additional evidence and have public testimony in order to make any change, unless you’re just going to adopt or make no change to the original order which was adopted before. Although, the Court is inviting you to treat your, the permit that you 5 EXHIBIT B