Conoy bans debate on proposed ethanol plant
Testimony to be permitted only at hearing, which resumes Monday
By DEAN LEE EVANS
Updated Oct 02, 2008 10:56

Public comment about a proposed ethanol plant in Conoy Township will not be permitted at regular meetings of township supervisors, residents learned Thursday.

Testimony only will be allowed on Lancaster Biofuels' proposal to build a $100 million corn-to-ethanol distillery on a 65-acre tract between Route 441 and the Susquehanna River, adjoining the Lancaster County Solid Waste Authority plant.

And testimony will be limited to hearings scheduled to continue at 6 p.m. Monday at Bainbridge Fire Hall.

Resident and Nissley Vineyards owner Judy Nissley, a vocal opponent of an unsuccessful bid to build an ethanol plant in Conoy in 2004, sparred Thursday with township officials.

She made a comment about the Sept. 17 hearing and the rejection of individuals seeking to be a part of the proceeding.

"I want to say that, to a person, everyone that was denied standing at that first hearing felt like a non-person," Nissley said. "I don't think it's the way you all really want your constituents to feel about you."

Conoy solicitor Matt Crème abruptly intervened. "We are pushing the envelope," he told the supervisors. "We are touching on substance of the hearing."

Crème recommended supervisor chairman Steven Mohr rule Nissley's comments out of order for the public comment session. "I'm your legal adviser, and I ask you rule it out of order," he said.

Mohr asked Nissley to cease and save her comments for the planning commission meetings. "They'll listen to you," he said.

Nissley then asked if she could make a statement about the planning commission, but was challenged by Mohr on its relevance to the current meeting.

"Judy, we have talked about this," Crème said. "I think you are being intentionally provocative, and I am asking you not to do that."

Crème told Nissley to retain legal counsel to advise her on the proper methods of addressing her concerns.

The solicitor announced before the start of Thursday's meeting he recommended supervisors ban any discussion of the proposed ethanol plant outside of the hearing, a quasi-judicial affair where people give their identify and testimony is recorded by a stenographer.

He also disputed comments on a Web site operated by C-POWER, a group opposed to the current ethanol plant.

Crème said, "There will be a public participation and public comment portion at some point in the proceeding."

He said individuals who wish to voice an opinion during hearings do not need party status and can speak at the appropriate time during the hearing.

Crème said party status grants certain individuals the right to question and cross-examine witnesses, call their own witnesses and file appeals. Only Lancaster Biofuels and Conoy Township have automatic standing in the proceeding.

More than 30 people applied for party status during the hearing Sept. 17. The group included C-POWER members, township residents and business owners.

Only 12 were granted standing. They include Nissley Vineyards, Marietta Borough, Hellam Township, Bainbridge Fire Company and Susquehanna Regional Police.

A smaller but similar plan by Penn-Mar Ethanol met with vigorous opposition in 2004.

Additional hearings will be held Oct. 23, Oct. 24, Oct. 29 and Nov. 19 and Nov. 21.

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