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application pending the disposition on the contested case request. However, I’d like to just kind of
<br />amplify on some of the things that the staff report had indicated, and maybe, or didn’t indicate. One
<br />is that the, you know, in answer to I guess some of the questions about like what uses are permitted
<br />and not permitted, there is an appeal filed by the applicant, it was filed by Mr. Vitousek on behalf of
<br />the applicant, with the Board of Appeals, and essentially contending that some of the uses that were
<br />deemed to be not permitted in the Ag District were in fact permitted, and these relate to the bake-,
<br />everything, all of the uses except the fitness center. That’s one thing I think I kind of wanted to
<br />note it. The other thing was that when the original, when the applicant received the notice of
<br />violation, one of the other items that was included as a notice of violation was the school bus
<br />parking, you know, on the property. That was terminated at the end of December, either at the end
<br />of December or January of this year, January this year, so that violation was cured by having that
<br />use terminated; the, operated currently right now, Robert’s Buses, they are operating out of
<br />Kawaihae at this point in time. And the final point I’d like to make is that, you know, over the last
<br />few months we’ve been trying to see whether we can address some of the concerns raised
<br />particularly by the adjoining property owners, you know, relating to spraying and, you know, the
<br />potential liability associated with spraying. Unfortunately, at this point in time, you know, nothing
<br />has come about as a result of, you know, those discussions we’ve had. We are hoping that
<br />something can be resolved before the actual commencement of the full-blown contested case
<br />hearing. Some of the things that, you know, we were talking about, you know, relates to having
<br />some termination date, you know, relating to the fitness center, providing notice to the applicant
<br />whenever spraying is going to occur, you know, those kind of things, we are trying as best as we
<br />could to address the concerns. So I would not say at this point in time that the discussions have
<br />terminated; that we are still kind of hopeful that something can be worked out.
<br />
<br />BEAUDET: Thank you. So with that, I think we’ll move, if you have any more to share, or you
<br />prefer to wait till later on?
<br />
<br />FUKE: Yes, because, you know, if, you know, I know that the Commission has to entertain the
<br />contested case hearing request, you know, the standing, and if that’s done, then, you know, all of the
<br />evidentiary information would be provided during that time, so.
<br />
<br />BEAUDET: Thank you. So we will, if you could please take your seats, unless you had more
<br />comment.
<br />
<br />J. EDNEY: No.
<br />
<br />BEAUDET: Thank you. So I’d like for us to move into our public testimony portion of this
<br />meeting. There’s quite a bit of testifiers, so in consideration of time, we will give each person who
<br />has signed up for testimony an equal opportunity to speak for three minutes. I’m going to be strict
<br />just because there is a lot and, you know, basically just state if you support or not support the
<br />application and briefly describe why. I think a lot of you have sent in written testimony, and I
<br />suggest that you not read off your testimony because we’ve looked at it already. So if you could
<br />just abide by those rules, I think we can move through this and manage it very well. Okay, and staff
<br />will be holding up the time card. So I have six chairs up there in the front, and how this will
<br />proceed is I’ll swear all six of you in at the same time, and prior to your testimony if you could state
<br />your name and your address just for the record and then go ahead with your testimony. Your
<br />testimony time will start when you start, not when you introduce yourself. So I’d like to call on
<br />Clarence Mills, William Case, Susan Johnson, Andrew Hetzel, Nancy Edney and Mike Buchal.
<br />And also please speak into the mic; it’s recording for our minutes. So when you give your
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<br />EXHIBIT B
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