2019-03-07 Hearing Transcript - Piilani Partners Request for Reconsideration SMA 18-000070

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Piilani Partners says it's not appropriate for you guys to make this decision, but Earthjustice said regarding the Kauai Springs case government agencies have duties under the Public Trust independent of permit requirements. And, Native Hawaiian leaders have opposed Piilani and there's the Public Access Shoreline Hawaii decision saying that the Planning Commission was obligated to preserve and protect Native Hawaiian rights to the extent feasible when doing SMA permits. The Hawaii Supreme Court in the Kauai Springs case said no person or entity has automatic vested rights to water. Also said private commercial use is not protected by the Public Trust, and the agency must apply a presumption in favor of public use, access, enjoyment, and resource protection. Piilani has offered student financial aid to offset public trust impacts, but Earthjustice has questioned whether community benefit payments fulfill public trust obligation. And, lastly, Piilani offered a background and chronology and said nothing about the dozens of testifiers and scores of emails that have come in, in opposition since August. You guys know nobody has come out to support this project except the folks paid by the owners. Thank you. CLARKSON: Thank you. Are there questions for any of the folks who have just testified from the Commission? If not, thank you. Please be seated. At this time, I'd like Hanalei Fergerstrom, Julie Stowell, Kalani Souza, Gyongyi Szirom please come forward. Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Planning Commission today? TESTIFIERS: Yes. CLARKSON: Thank you. Please introduce yourself, speak directly into the microphone. In light of the fact that we have 27 people, please limit your testimony to three minutes. Thank you. SZIROM: Aloha, my name is Gyongyi Szirom, and I'm here in opposition to this project. I have two points. One is the aquifer. It's a limited resource, and our population is growing in leaps and bounds. We need to think of the future. So, that's one point. Also, plastic pollution is at a crisis level worldwide, on the island and elsewhere, and it's killing wildlife. It's killing us. Why contribute to the problem? Let's support more ecologically, you know, sound practices. Thank you. FERGERSTROM: Good morning, my name is Hanalei Fergerstrom. I represent Na Kupuna Moku O Keawe, which is a kupuna organization that has representatives from all six districts of this island. We're in opposition to any reconsideration. The previous decision to wait until the findings of the Water Commission—the Commission on Water Resources were made available. I attended the last meeting where the attorney for Piilani bottling plant opted not to accept the option to delay this application, consideration until the, the Council [Commission] on Water Resource Management was completed and available, and said she—and said she accepted the fact that if EXHIBIT B 6