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HomeMy WebLinkAbout2010-05-07 THU HONUA WINDWARD PLANNING COMMISSION COUNTY OF HAWAIÒI HEARING TRANSCRIPT MAY 7, 2010 HU HONUA BIOENERGY LLC (SMA A regularly advertised hearing on the application of 221) was called to order at 11:08 a.m. in the County of HawaiÒi, Aupu Room, 101 Pauahi Street, Hilo, HawaiÒi, with Chairman Rell Woodw COMMISSIONERS PRESENT: Rell Woodward, Dean Au, Zendo Kern, and W STAFF PRESENT: Molly Lugo (Deputy Corporation Counsel), BJ Leith Director), Norman Hayashi, (Planning Program Manager), Daryn Ara Manager), Jeff Darrow (Staff Planner), and Maija Cottle (Staff P ABSENT AND EXCUSE: Takashi Domingo and Stephen Ono And approximately 97 people from the public in attendance. APPLICANT: HU HONUA BIOENERGY LLC (SMA 221) Amendment to Special Management Area Use Permit No. 221 which or establishment of a coal storage area and a coal burning energy p The amendment request is to allow a change in fuel source from c existing facility and to construct support facilities and infras Power Plant, Makahanaloa, South Hilo, Hawaii, TMK: 2-8-8:104 (fo 53). WOODWARD: The next item is, the applicant is Ho Honua Bioenergy Special Management Area Use Permit No. 221 which originally allo coal storage area and a coal burning energy plant and related im request is to allow a change in fuel source from coal to biomass and to construct support facilities and infrastructure at the fo Makahanaloa, South Hilo, Hawaii. What I would like to do is to a executive session so that we can confer with our Corporation Cou legal issues involved prior to beginning this. So if I could hav ISHIBASHI: I so move that we take a break and go into an executi KERN: Second. WOODWARD: Right, right. Yes. To consult with our counsel? ISHIBASHI: Yeah, to consult with our Corporation Counsel to go over the legalities of this motion. 1 EXHIBIT B WOODWARD: Okay, is there a second? KERN: Second. WOODWARD: All right. All in favor? COMMISSIONERS: Aye. WOODWARD: Okay. All right folks, weÓre going to be in executive weÓre going to have to ask you to leave for a few minutes; and h when weÓll have you back in. EXECUTIVE SESSION - The Commission went into executive session at 11:10 a.m. and out of executive session at 11:25 a.m.by a motion made Commissio Commissioner Kern, and unanimously carried a voice vote. WOODWARD: Ladies and gentlemen, welcome back. WeÓre back in ge couple of things to go over a few housekeeping items, just so we we plan to do since there will be a contested case, and itÓs jus participants in that case, we will have the Department give a br points of the application, then because this will be a contested contradiction to our normal routine is we hear public testimony of now signed up from the public to testify. So, once again, please three minutes. And if you are going on after three minutes, we will kindly ask you to summariz I did mention to you the fact that if any of you had decided or and are reconsidering that and youÓre testifying, I will ask you or if you would rather withdraw. If you do, then you will, we will take a vote on that later and you will be able to get your money back. We will go till 12:30, because weÓve got 26 members of the public signed up to testify, the petitions for standing. So that will be some time into the a as we can between now and 12:30. And if youÓre, if we have to break right after, right before your testimony IÓm going to apologize in advance, but weÓve got weÓll go to 12:30, and then weÓll take a lunch break and reconve So that being said, Jeff. Will you give us a brief presentation. DARROW: Sure, thank you, Mr. Chairman. Our last applicant for LLC. They are requesting an amendment to Special Management Area This permit was originally approved on April 9, 1985 to allow a energy plant, and related improvements. The location of the subject application is within the South Hilo District. More specifically weÓre looking in the area of PepeÒekeo, which is identified in this ge, which is on the upper portion of the map. Running north-south through th Hawaii Belt Road; and the subject property is identified in a bl 2 EXHIBIT B little closer. Again, on the left side of the map running in a n Hawaii Belt Road. The general location for PepeÒekeo is in the l slide. And, again, the subject application is identified with a The colors on the map represent the different zonings. The dark represents Agricultural 20 acres. The yellow represents Single F different densities. The darker yellow represents 7500 square fe square feet, and then the lighter yellow is 20,000 square feet. General Industrial 5 acres which consists of a portion of the su of Agricultural 20 acres. It is also split zoned on the State L mean on the State Land Use Boundary it is identified as Urban in Industrial zoning and also State Land Use Agricultural on the Co This is unfortunately a darker overlay of an aerial photo. This by Google; and this shows the general location of the previous p general location of the PepeÒekeo Sugar Mill that has been or wa- year period. And then more recently, itÓs the general location o Plant, and, again, the remnants of the plant are identified in t Sugar Mill Road also known as PepeÒekeo Mill Road, running in an upper portion of the map. The applicant is requesting to amend Special Management Area Use the former Hilo Coast Processing Company coal burning electric g renewable electrical power generation facility fueled by locally several upgrades and additions to existing structures, and the c and infrastructure within the Special Management Area. The previous permit No. 221 included a condition, Condition No.4 only to washed, low sulfur Class B sub bituminous coal or its eq any other fuel source they would have had to come before the Pla as well as receive the appropriate permits from the Department o The improvements to the facility include the upgrade of the boil upgrading the air pollution and control equipment, construct a c chip processing building, add a wood transport conveyor, as well step-up transformer. This is the applicantÓs site plan. IÓve ma blue areas identify those structures that are proposed, the red be upgraded. IÓve been informed this morning that the actual sta will be relocated. So that will also be a new item that will be application they talk about reducing the height from 190 feet to This would be the chip, the approximate location of the chip sto buildings in this area. This is the step-up transformer, and thi general location of the stack. And, again, we show the outline o ocean located on the lower portion of the map, and we also have side of the map. The applicant is proposing that truck traffic 3 EXHIBIT B south side through an easement and enter into the property in th traffic would come down through the four-way stop. ThatÓs locat down, and enter into the property in this general location. These two properties here are actually not part of the subject r This is just a site photo of the existing boiler building, as we Planning Department is recommending approval with conditions, as Condition No. 5. If I can bring to your attention this yellow pa condition. Condition No. 5 stated that no nighttime operation sh amended to delete that sentence and state ÐFuel truck delivery s of 7 a.m. to 5 p.m.Ñ; and the remainder of the condition stays t one change to our recommendation on page 6, paragraph 1, we want prohibiting nighttime operation. Lastly, we have quite a number of late transmittals that came to the background and recommendation was distributed to the Plannin into detail as to each one but mainly there are several petition letters, as well as a power point presentation from Gary FaÒagau With that, that concludes my presentation. Are there any questi WOODWARD: Okay, are there any questions for clarification purposes only, please? Commissioner Kern. KERN: Yes. The last change you guys made in paragraph 1? DARROW: Paragraph 1 on page 6. It states, Ðand prohibit nighttim weÓd like to delete that from the recommendation. KERN: Thank you. WOODWARD: Okay, Any other questions? All right. We will now st As I say as of last count, we have 26. So weÓll call the first four up Î Robert Ferazzi, Greg Gauthier, IÓm having a hard time with reading this one, Yu Yok P looks like to me. UNIDENTIFIED PERSON: IÓm a petitioner, you still want me to talk WOODWARD: If you would like to give testimony as a member of th UNIDENTIFIED PERSON: IÓll wait on that. WOODWARD: Well, actually, when we get to the point of the petition for standing weÓre only going to qualify you based on whether or not you have an interes UNIDENTIFIED PERSON: IÓll do it then. 4 EXHIBIT B WOODWARD: Yeah, okay, like I say if you want to deal with subst time to do it. When we get to the question of the petitions for whether your interests are different than the public, and not th Okay? So just so everybody is clear on that. All right, if I cou hand. Do you swear or affirm to tell the truth today before the Commission? TESTIFIERS: I do. WOODWARD: Very good. Okay, youÓre Mr. Ferazzi? FERAZZI: Yes. WOODWARD: Okay. If youÓll give us your name and address. FERAZZI: Robert Ferazzi. I live at 28-338 Higa Road, PepeÒekeo, WOODWARD: Okay. And you had actually signed up as an individual and representing PepeÒekeo Point Gardens. YouÓre still planning on filing for sta FERAZZI: Yes. WOODWARD: Okay, very good. FERAZZI: For both. WOODWARD: HeÓs going to continue, okay, on both of them. All right. You may begin your testimony, sir. FERAZZI: Okay, basically IÓm a retired chemistry teacher. I wor California and I finished my careers with a six-year stand at Un as a research chemist. And during that time I worked closely wi the whole comments here and questions about air quality are all SO2, which are pretty horrible. I am a farmer, a small farmer in what thatÓs going to do. I know itÓs nowhere near what the volca additional load. There are also other chemicals that are going t arsenic and dioxin is highly likely that that will be produced from the trees, if theyÓre burning trees, which IÓm not sure if theyÓve ever said specifically. Th you take trees that are contaminated with salt air and salt spra which is a really deadly pollutant. And I donÓt think enough has Also, the amount of water they plan of drawing out of the ground 2,000,000 gallons or something, I think, they said a day or what well thatÓs 90 feet deep. IÓm using perch water. IÓm not in the theyÓre overdrawing may take me to nothing. So those are some v 5 EXHIBIT B My wife also suffers from some kind of respiratory ailment which she is very overly concerned about whatÓs going to be coming out give Gary FaÒagau a chance to show his presentation because it r material is going to fall into the PepeÒekeo area. And itÓs bas feet of the plant will be in the heavy duty fallout range. As far as the PepeÒekeo Point Association, IÓll just bring one t community except for me relies on catchment water. ThereÓs grea particulate matter and the fallout from the plant will do to the much. WOODWARD: All right, thank you. Any brief questions? No? Seeing Mr. Gauthier. Is that correct? GAUTHIER: You did a great job. WOODWARD: Okay, good. If you could give us your name and addres begin. GAUTHIER: Okay, Greg Gauthier, 64-5303 Puanuanu Place, Kamuela, Hawaii 96743. I just want to clarify, Mr. Chair, you were saying something about a fee, that was a joke, right, if you want to change, earlier, right? WOODWARD: Excuse me? GAUTHIER: You were saying something about a fee if you wanted to something? WOODWARD: No, people that are filing, filed for a petition for standing pay a fee. If they withdraw their request prior to the hearing then their fee is re GAUTHIER: Got ya. I just want to make sure I paid the County if WOODWARD: Yeah. GAUTHIER: So, okay. Forgive me. IÓm here on behalf of the ILWU itÓs no secret we argue for jobs. So some have argued that this debate brings us to a perceived chasm between those who would honor and nourish that rich collec to build the communities on the Hmkua coast and Hilo, and those who would come to Hawaii and purchase a few acres and build a gentlemanÓs farm on the lan supported the thriving middle class on this coast. One wishes i harvest we have seen families split apart. In many cases the ho having their children live and work in close proximity to their When we see a ray of hope through a project like Hu Honua, we ar envision a Hmkua that has opportunities for families to survive and thrive ag 6 EXHIBIT B ItÓs so important to note and recognize that those of us who are myself likely fell in love with the collectivist nature and peop exposed to. That collectivist sharing and open philosophy did no developed, in part, from close-knit communities that lived in an where houses didnÓt have fences, and neighbors called each other cousin, aunty, or tutu whether or not there was actually any blood relation. These communities libraries, community centers, parks and clubs. All of these end values of a collective people that wish to share their spirit. T by good paying dignified work, that in this case also supports a cleaner and greener environment for the collective body of people here on the Hmkua coast and Hilo. After all this is not my paradise but our paradise. Mahalo. WOODWARD: All right thank you. Any questions? Okay, next is Yu Y. PEARRING: Pearring. WOODWARD: Pearring. Okay. IÓve had a hard time reading -. Y. PEARRING: No, you did the most challenging part really well, Yu WOODWARD: Okay, okay. If you can give us your name and address and then you may begin your testimony. Y. PEARRING: I will. Thank you. Morning, well, yes, good morning. Pearring and my address is PO Box 871, PepeÒekeo. Thank you for giving us a chance to voice our opinions. My husba many years. I have lived here for more than 20 years, coming to contributing member of this community. I belong to the Rotary C Commerce, and the church. We have two boys. The reason why IÓm here is because I want to what this operation will have on the health of not only us the s importantly my children. I am a strong proponent of businesses, done in the right way. A biomass operation like this has never b community and we need to get it right. I am concerned about thi know more. I agree with the concerns others here have raised an 7 EXHIBIT B Now we live within 1200 feet of the power plant that has been sh concerned about the pollution effects from a restarted old power pollution from this plant do to my familyÓs health and to the fa from the effects of vog? I drive to work each day and my boys ride their bicycles each da very concerned about my familyÓs safety on this narrow and steep with lumber. I am also especially concerned about how this operation may affe farm near the plant and do not have the financial means to file will all the noise pollution be controlled? What will happen to complete and accurate facts. I donÓt know what this proposed operation will bring to my neigh PepeÒekeo, and to the Hilo side, but IÓm deeply concerned and I you will too. On a personal note, I want to wish all of you mothers Happy Moth future of our children and their health. Thank you. WOODWARD: Thank you. Do we have any questions? Are you planning on continuing your Petition for Standing? Y. PEARRING: Yes, I do. WOODWARD: Okay. Very good. And Michael, now is it Rearring or P M. PEARRING: ItÓs Pearring. WOODWARD: Pearring, Pearring. M. PEARRING: ItÓs earring with a ÐPÑ in the front. WOODWARD: Okay. Cause weÓve got, IÓm sorry, we had a few typos on a few of these things. I apologize for that. If youÓll give us your name, and I assume then you may begin your testimony; M. PEARRING: My name is Michael Pearring and my address is PO Box read my entire statement in the interest of time. But I will let you know that I have been working in Hilo since 1985. IÓve been a member of the Rotary Club. I wa member of the Chamber of Commerce. And so IÓm pro-business, and IÓm pro-jobs. But I am concerned that weÓve got to get this rig oil to renewable energy is real important; and this is our first just say okay, weÓve got a modified permit and letÓs move on. W years from now going oops. IÓm concerned about this as a modification of a 25-year old permit. 8 EXHIBIT B Did the original permit do its job? Is that special area manag of? Is the air taken care of now? We donÓt know. The plant has years. What is actually going to happen? ItÓs real important that we find out. As my wife spoke, we live within 1200 feet of the stack. We lived within 900 feet of the main intersection where the trucks are going to be turning. ItÓs real important to us that we find out these facts. But we are really concerned about PepeÒekeo. GaryÓs presentation will show you, Bob has spoken to it. The air town. And air stacks, stuff goes up; and if you live right below if you lived far away. And PepeÒekeo town is uphill from that st a lot of them are elderly. ThereÓs elderly housing up there. So modify the permits and moving forward. And I encourage you, I k air quality permits. Your kuleana is not MPDS Permits. But you this and make sure that changes donÓt get made just because cont plant has not been fully developed and planned. This is a hope o we all want that. But weÓve got to get it right. ItÓs really imp WOODWARD: All right, thank you. Any questions? Are you planning on continuing your standing? M. PEARRING: Yes. WOODWARD: Okay, very good. All right. Thank you, folks. You may up the next group. Elaine Munro, Susan Munro, Gary FaÒagau and Rachel Dow, Raquel Dow, excuse me. DOW: Mr. Chairman, IÓm Raquel Dow. I would like to defer my co Standing request. WOODWARD: Okay, so you are not going to testify in the public t DOW: No. WOODWARD: Okay, very good, all right. And youÓre going to conti DOW: Yes. WOODWARD: Okay. And then weÓll take one more, Pete Lindsey. Ok all to raise your right hand. Do you swear or affirm to tell the Planning Commission? TESTIFIERS: I do. 9 EXHIBIT B WOODWARD: Very good. And weÓll begin with Elaine Munro. If youÓll give us your, well, thatÓs your name. If youÓll give us your address and then you m E. MUNRO: Thank you. My address is PO Box 990, PepeÒekeo, Hawaii. My name is Elaine Munro. I certainly acknowledge the other people who have spoken. with a disabled person. She has thyroid disease, fibromyalgia an chronic sinusitis. I am very concerned about pollutants coming f application. I donÓt know the effects of all the pollutants. The issue is definitely a very big concern that I have. A second concern that I have is the trees that are going to be c We know that theyÓre going to be using burning wood. My concern wood and my concern is not that theyÓre going to be creating job jobs. I mean the economy is really what makes us all have a good from what I understand, the technology that they will use is an inefficient. So that means that more trees are going to be burne electricity. So theyÓre going to be wasting a lot. I believe tha that will use less trees to produce more electricity. So in the business proposal wouldnÓt we want to have technology thatÓs going to use our trees in the most efficient way rather than wasting? My third concern is on ethanol. We know that Hu Honua says that between Ethanol Research Hawaii and MMA Renewables. The fact that theyÓre in association with an ethanol group tells me that they have an interest in SMA reference in their packet. SMA 208 allows them to produce ethano was first granted that was granted for using the byproduct of su ethanol. That made a lot of sense back in 1985, made a lot of se molasses, thereÓs no sugar came. So how would they produce etha they would have to bring in all the ingredients. So whatÓs that that going to do to the traffic, whatÓs that going to do to the about the ethanol production in this hearing but theyÓve open th association with an ethanol company and mentioning the ethanol p So IÓd like to at least get that out on the table. So thatÓs all you. WOODWARD: Okay, thank you very much. Questions? No? Okay, Susa S. MUNRO: Susan Munro. Post Office Box 366, PepeÒekeo. Elaine is my sister. I live on Sugar Mill Road. My husband and I built a house there about four our land to a local farmer who grows bananas and we have cattle the rest of our property. My concerns are, I echo what Elaine ha Sugar Mill Road. The traffic on Sugar Mill Road already is a pro three times a year some car goes out of control and takes out ou the number of trucks that are going to be added to that load. I grid. WeÓre on catchment. We have solar. And both of those con what the emissions from the stack are going to do to, you know, 10 EXHIBIT B pollutants, you know, dust on my solar panels and make them less do with my water? And, of course, the bananas that are grown on know that that crop wonÓt be damaged. And I am looking forward cause I know he has some good stuff to talk to you about as well WOODWARD: All right, thank you. Are both you ladies planning on continuing your Petition for Standing? E. MUNRO: Yes. S. MUNRO: Yes. WOODWARD: Yes. Okay, very good. One other thing, part of this i hearing, I asked before, you need to turn off your cell phones, be off because they do feed back into our sound system. So if y please turn it off. Okay, Mr. FaÒagau, if youÓll give us your na begin. FAÒAGAU: Okay. Hi. My name is Gary Faanau (phonetic). WOODWARD: Oh, Faanau (phonetic), okay. FAÒAGAU: Yeah, itÓs Samoan. The aÓas are separated, ÒgÑ pronoun at 28-380 Sugar Mill Road which is near the corner of Sugar Mill where all the trucks will be turning. I am also the president of the Association of Owners of the Orchards of PepeÒekeo. And that is the basically property owners are 15 property owners that have farms. Those in the applicatio down the hill on both sides of Sugar Mill Road, those are those turns, itÓs the properties that line that area too. I am Samoan, a member of the steel workers union. My mother was a member of there have been some things that have been said that we are anti And I come from a very strong union family. And I believe in jo want to make that very clear that when IÓm speaking here it has remove jobs in any way. I am for the jobs. I am also a very bi I worked as an energy engineer. IÓve done that for 27 years. I w Energy companies. I am a member of, I am a qualified furnace sp Energy. I have my degree in chemical engineering. I came and mo ago to retire. It seems like IÓm retiring at an early age but I conditions that forced me into a little bit of an early retireme From my property I look directly at that stack. IÓm about 800 feet away from this all. So thatÓs just a little bit about me and some other things. Now IÓm the o presentation that was given to, I hope, all the Commissioners he there. I wanted to go through them kind of quickly just so that discussion. 11 EXHIBIT B The first one has to do with that road, Sugar Mill Road. The in weÓre talking about where the trucks are turning left has no lef as you get to that intersection that the trucks are going to be five or six times an hour traffic is going to come to a halt on intersection. Nothing in the petition has been talked about in t into that intersection. Nothing has been said about the use of S current problems. ItÓs a 7 percent grade downhill road with par And we have already accidents on that road with cars. That road has people walking down it, it has bicyclists, it has tourists c of people who use that road in a very recreational fashion. ItÓs the area. ItÓs the only access for 110 lots or property owners i talking about that used to belong to the plant doesnÓt belong to community road; and upgrades on that road are going to be needed down it now. It has a very thin layer of asphalt. That was one o up very strongly in this permit, and we have concerns about that through a little bit more. The other issue is the health concern. And in my power point pre direction that goes through this, and thatÓs on this page over here looking at the wind direction from the plant itself. And that wind direction is going to take blow toward PepeÒekeo from that power plant. And there hasnÓt been a study done yet on what that stuff is going to the people in PepeÒekeo. Now when that pl a lot of ash come out and dumped onto those properties there; an more about whatÓs going to happen with the way their operation i cutting of the stack. Cutting of the stack sounds good because y cutting of the stack brings the pollution down more, and it brin on to the people a lot more. And that issue has not been raised And then another concern of course is the whole issue of biomass Munros have said this is a very inefficient plant. Out of ten tr trucks are going to produce electricity. ItÓs a 20 percent efficient plant. This technology, biomass technology, can produce up to 70 percent useful energy. today that can turn this plant into more useful things so that i down this road and into our community and making pollutants, you hour coming down the road and producing the same amount of elect for other plants to use to produce more electricity. So thereÓs a lot of concerns in a lot of areas that are not full thatÓs one of our concerns when we were reading it, and thatÓs w petitions in front of you. Cause when we read through this it se subjects are not completely there. It seems the information is things we want to make sure. So thanks a lot, I appreciate it. 12 EXHIBIT B WOODWARD: Okay, thank you. Any questions? I assume that, and y evidently several people. All of these are going to continue the FAÒAGAU: Correct. Yes, thatÓs true. WOODWARD: Okay, all right. Very good. Okay, Mr. Lindsey, if youÓll give us your name and address and then you may begin. LINDSEY: My name is Pete Lindsey. My address is 749 Mililani Street. ThatÓs my office. My home address is Kuhio Village, Hawaiian Kuhio Village in Waimea. Field Representative for the Hawaii Construction LaborersÓ Union member of the union for 30 years. On behalf of our 500 Big Isla testifying in strong support of the Hu Honua Bioenergy LLCÓs Special Management Area Permit 211. With this project it will create jobs, both permanent jobs and c the Big Island unemployment rate is extremely high, jobs and eco Right now we have on our bench about 145 laborers, on the bench. They are right now being, pretty soon will be finished with their unemployment. So they n The proposed plant will create sustainable green energy and biom agriculture. This 21 megwatt power plant will help to reduce Big expensive imported foreign oil. Our members and our community s costs. With oil costs projected to rise to the price that we hav will help us to stabilize the electric prices for Big Island res We humbly ask that the Windward Commission approve this Ho Honua WOODWARD: Okay, thank you very much. Any questions? All right seated. And weÓll get the next four people up here: Gwendolyn De Bryan, and Ed Pabst. PABST: In the interest of time, IÓll decline speaking on the mat WOODWARD: Oh, okay, Mr. Pabst is going to decline. So weÓll get then. GONZALEZ: Mr. Chairman? WOODWARD: Yes. GONZALEZ: In the interest IÓd like to defer and IÓll continue to 13 EXHIBIT B WOODWARD: YouÓre Rosemary Gonzalez so youÓre going to -. Okay. about Claudia Rohr? I assume both of you that are not going to testify are planning on your going forward with the petition? PABST: Yes. GONZALEZ: Yes. WOODWARD: Okay, very good. Okay, if I could have you all raise swear or affirm to tell the truth today before the Windward Plan TESTIFIERS: I do. WOODWARD: Okay, very good. And weÓll begin with Gwendolyn Decoito. If youÓll give us your address and you may begin your testimony. DECOITO: Thank you. Good morning. My name is Gwendolyn Kauina D husband, Michael, and I own the property at 28-281 Kauina Road, PepeÒekeo. My parents Margaret and Paul Kauina raised me on the property. Our home was not part of the PepeÒekeo Mill Camp. The lands surrounding our land were planted in sugar individual lots which were developed for residential and agricul homes, raising children, planting crops and raising animals. It My husband and I made a commitment to long term occupation of th Today, our son, Michael II, his wife Lisa and our grandchildren, Adryan (15), Jonathan (8), Sailah-Anne (6) and Michael III (4) live on Kauina ohana land. T open space safely. Both Adryan and Jonathan are soccer athletes to practice their skills. Our farm animals including two cows, a Borer goats are healthy and are part of our childrenÓs country e son, Michael , and our grandson, Jonathan, enjoy fishing down the road at favorite fishing spots. Our family land is in close proximity to the plant. The noise f trailers are potential disruptive sounds to the study and sleep of the smoke stack from our home is obstructed by mature trees. I am concerned on behalf of our grandchildren as to the possible emissions of the plant that may be produced. I am concerned tha play safely on the large front lawn. And I am concerned that th be healthy. Our family land is not included in the PepeÒekeo Point Shoreline to the covenants governing water tanks as a source of water for water tanks which supplement the private water system installed administered by the Water Association in which we are members. water may be affected by the emissions the plant will produce an compromised. 14 EXHIBIT B I want to thank you all for the opportunity to express our conce lifestyle changes and potential long term health issues for Adry Michael and their children. I would also like to add that there was a gentleman who testifie many of my family community members here; and we also support em But we also believe that even for the employees certain health i And so I concur with written documentation presented by Gary FaÒ concerns I expressed establishes my standing and a contested hea obtain information to address my concerns, the concerns of all o our children. And I thank you. WOODWARD: All right, thank you. Any questions? Okay, Scott Wat WATSON: Hello. My name is Scott Watson. My address is 27-102 L the closest neighbor to this proposed power plant in PepeÒekeo P oceanfront lot adjacent to this power plant. IÓll be real brief. on behalf of Gary Olimpia whoÓs my partner on our property. HeÓ California. So I wish to continue his contestment (sic), his pro My concerns are property values down there will plummet when thi addressed any of the traffic issues. ThereÓs no deceleration lan for the trucks coming from Honokaa down. NOMURA: Microphone, please. WATSON: IÓm sorry. The health issues, traffic, noise, water, a them even doing this project. I donÓt see any good in this proj power plant trying to make money off an old inefficient site. They gave up on it four or five years ago. We were all promised this would never be a thing to c here it is. So, thatÓs really all I have to say. WOODWARD: All right, thank you. Questions? Commissioner Au. AU: Mr. Watson, how does the existing plant now affect you prope WATSON: Well, IÓm within 300 feet of it. NOMURA: Microphone -. WATSON: IÓm sorry. IÓm within 300 feet of the site. So if a t my site. So when they start backing up trucks and chipping lumb- up bells, decelerating trucks coming down that grade, no one is going to use the truck brakes, theyÓre going to use air brakes c noisy, noisy thing. The road canÓt handle that kind of traffic. ThereÓs all kinds of things wrong 15 EXHIBIT B with this plan. No one has any concerns for the neighbors here t stuff and are right next door to these people. So I donÓt know h the community that are behind this, but I doubt any of them live within 300 feet of the smoke stack. So noise is a biggie. Health, again, I just -. ItÓs an old site, visited it, lot of trouble down there in my eyes. Like I said I come in and out of there every day. So IÓm not looking forward Commission. So I hope youÓll see it in favor of the community. WOODWARD: Thank you. Okay, Don Bryan. BRYAN: IÓm Don Bryan. My address is Post Office 8, Ookala. I am Tradewinds Forest Products. And we are in the process of constructing a high value wood products mill at Ookala and also are fully permitted to build a plant at Ookala. So weÓve been down this path. IÓd like to say t tough to get everybody in this island to agree on any single poi that we can all come to consensus on in Hawaii Island is that we renewable energy and we need jobs. As for energy, weÓve got a gr the wind, the hydro and the solar; but all of these share a comm to blow, the rivers have to run, or the sun has to shine before next level for renewable energy for Hawaii Island what we have t energy of the kind that a biomass plant can produce. We cannot plant that can go off at any moment. It must be balanced. And way we have to do it on this island. On jobs, HawaiiÓs best opportunity to create jobs in my opinion Now basic about the forest products industry, if you look at a t not every bit of every tree can go into a high value product. I great because they create more jobs. But there are bits of ever There are two things that can happen to those. WeÓre not going t Hawaii Island. Two things can happen. They can either become pul probably some other Asian country, or they can become renewable Those really are the two possible outcomes. With renewable ener here, and the jobs stays here. I think that is a vastly preferab of the trees that donÓt make high value products and sending the care for that. I donÓt think thatÓs good for the island and itÓs IÓd like to comment on a couple of things that have been said pr said about air. And having watched that plant when it was coal b understand why people are concerned about the air. That was not coming up is a vastly different operation. This is wood, not co those two fuels. The second thing is the era of the technology. have permitted at Ookala. Since the Clean Air Act was passed in air have changed tremendously. Now IÓm not going to cover all o remind you that there is a very, very thorough venue for answeri 16 EXHIBIT B The Department of Health in Hawaii here enforces the Federal Cle very, very tough and their own even tougher State of Hawaii stan process. It took a long, long time to get the permit for a much front of us today. When those standards are met, that plant wil other way. YouÓre not getting by the State Department of Health EPA with anything but the best technology that exists, and itÓs existed 30 years ago. One final comment is on energy and efficiency. I heard some num they came from. We have on our drawing board and committed to b available in the world today boiler. That has very little differ the extraction of power from that boiler, best available in the for Hu Honua. Thank you for giving me the time to speak. WOODWARD: Thank you. Any questions? Okay, weÓll have one last testifier before we break, and we still have quite a few after that. But Ms. Rohr? ROHR: IÓm with Public Access, is this on? DARROW: Hold on. ROHR: Hello? Hello? WOODWARD: Okay. Okay. If youÓll give us your name and address f ROHR: Claudia Rohr. My address is 369 Nene Street, Hilo, Hawaii. beach@hilo.net. IÓm here representing Public Access Shoreline Hawaii, (PASH), interest group trying to protect public access to the shoreline year and a half of hearings involving the other SMA that was don Pacific. And after all that time, finally, to resolve a debate a Continental Pacific agreed to provide an additional vehicular pu bottom of the road that this project uses to haul in the log tru three cars. This easement was required, all of the easements, th Continental PacificÓs project was required to be turned in six m passed by the County Council back in 2005 or Ó06, April 2005. An handed over those legal documents. TheyÓre still ÐnegotiatingÑ know the Planning Department is sincere in their efforts to get enough. TheyÓve stalled now for seven years, and the public acce the SMA case law states that when thereÓs new development they m access in proportion to the development. Even though this is a this additional public access, now thereÓs no mention of it in t that their development must or that this easement document must Permit being provided, that there canÓt be a conflict and the tr kind of thing. So I want to move on. In this day and age in Win we have public access that needs to be protected in that the qua of it and the offshore waters need to be protected. 17 EXHIBIT B In 2000 I was an undercover informant to the EPA disclosing over Hilo Coast Power Company; and they did an enforcement action bas and providing information of what I saw and what I found in the State records. It was shocking to believe that our State Clean Water Department had allowed the contact once through cooling water into the ocean at 5 degrees h Clean Water Act for 15 years. They also had various pollutants. There were storm water run-on problems. There were, there were problems. And I believe that this plant hasnÓt provided enough that theyÓre going to do a better job. And I believe the way tha Permit through was through inconsistent statements between diffe today in this application, there is a letter from Larry Lau stat discharge under 50,000 gallons of once through cooling water, an a trigger for an environmental assessment. But because, their c meetings with the State that they werenÓt going to be dischargin were exempt from having to do the environmental assessment. Thi have called every number I could for two weeks to find out what And Jeff has told me he has asked them and they stated that they 21,000,000 gallons of water. So if theyÓre going to be doing tha we have this process first so everyone can ask their questions a writing. The other issue is thereÓs discrepancy in the application and th went down and got this map copied and the settling ponds are in My testimony basically is all about putting in clear conditions They have not disclosed their ash handling area. They havenÓt di going to store it between delivering it in the truck twice a wee made the Hilo Coast Power Company create a gigantic coal ash pil you can see that big white patch right next to this facility on WOODWARD: If we can ask you to summarize, please. ROHR: ThatÓs fine. ThereÓs too many discrepancies in the applica and you should settle these issues first before you make it, was WOODWARD: Okay, thank you very much. Any questions? All right, weÓll be adjourned for lunch until 2 oÓclock. So weÓll see you all back at 2 oÓclock. RECESSED - The Chair recessed the meeting at 12:35 p.m. RECONVENED - The meeting reconvened at 2:00 p.m. WOODWARD: Will the Planning Commission meeting come back to ord with the, we have seven more people signed up from the public to the process of going through the petitions for standing in the c 18 EXHIBIT B to have people give us information to qualify them for standing. all sorted out. Let me call up the next four people signed up fr Barbara Hanog, Marcella St. Ambrogio and Kendra Tidwell. All right, well, good afternoon. If I could get you all to raise affirm to tell the truth today before the Windward Planning Comm TESTIFIERS: I do. WOODWARD: Very good. Okay, and weÓll start with Lorraine Mendoz MENDOZA: Since you already said my name letÓs just do an echo. WOODWARD: Okay, all right. If youÓll -. MENDOZA: IÓm Lorraine Mendoza, PO Box 877, PepeÒekeo. WOODWARD: Okay, you may begin. MENDOZA: And IÓm speaking on behalf of the PepeÒekeo Community A of the Commission; Aloha and good afternoon. Thank you for the testimony on the subject of Hu Honua Bioenergy LLCÓs request for Permit 221. The PepeÒekeo Community Association has, in the past, hosted sev representatives of Hu Honua Bioenergy LLC and the PepeÒekeo comm these general meetings, the request by Hu Honua to meet with the However, at our request, the agreement to hold meetings with the the area was honored. With sincere intentions to remain inclusiv impacted, the board members of the following associations of the subsequently participated in meetings that followed: The PepeÒe Association, The Orchards at Pepeeko and the Gardens at PepeÒeke Concerns brought up at these and at the general meetings include particles, road maintenance and associated costs, and the opposi component. I commend the community at large, the associations, participation in the dialogue. Requests to Hu Honua Bioenergy to updates and status reports have been met. Addressing the serious concern of no coal burning with this appl 221 is a huge relief to the members of this community. The on-g existing power plant structure addresses the concerns of noise and emissions. We are aware of conversations that have occurred between the associations, agenc issues of road maintenance and related costs. At present, Hu Honua Bioenergy has provided for the education and training of 4 members of 19 EXHIBIT B our local community. Currently, they are employed at the plant structural repairs. Other issues and concerns raised still warra resolution. As an association, facilitating and providing opportunities for dialogue and information for the purpose of factual education is crucial to the well-being of the Differences in views and opinions Î both supportive and in oppos Supportive petitions, unresolved concerns, these differences are community. While this is the current situation here, the PepeÒe acknowledges its responsibility to be representative of its cons position to oppose or support this request. We are hopeful that shared desire by all parties to arrive at an acceptable and agre supporting a community that we live in and proud to be a part of With warm aloha and mahalo, Lorraine, President. And just a little addendum to that, in 1998 the three community mkua Coast proceeded to bring together the three areas of a 50-mile s River to Waipio, and we wanted to get a community planned. And years of planning and having different area and district conferences, the plan for the Hilo- Hmkua Coast was composed in 2000, in the year 2000. It took two y countless meetings. Of these meetings, there were 108 elements members of the community. We had people going out with surveys our community leaders walked these surveys and walked to go back roots effort was every evident and the commitment to identify Hmkua was very strong and evident. And I want to point out that one of the categories under environment and protection, the most popular strategies over the next 20 years include recycling rubbish collection service, junk car removal, beautification program and green waste processing. Green waste processing has been the highest priority in the dis ago starting in 1998 the Hilo-Hmkua Coast had the foresight to hold such a gathering of the different communities to get their input. So I think itÓs very of green waste processing did come about. So there is a petition that was passed around. I counted 788 sig from PepeÒekeo but you also have participants from Kamuela, Hilo, Papaikou and the surrounding areas which says a lot about what the pulse of the c if theyÓre going to go ahead and take the time to read this peti before, we have to, as an association we have to make sure that we are representative of those that oppose and support. So at this time, you know, it is that m that we can, you know, pass on. And it took a while to get the r make sure that we were conveying the message. And I think it is do this, that we are the providers and the facilitators of forum The concerns that were brought up, I know the health and safety, State and the County rules and regulations that will address thi community here no doubt everybody has a buy into the community t 20 EXHIBIT B reactive versus being proactive, you know, may prohibit, may hel whole process. So I want everybody to make sure that, you know, coming from the plantation and the era that I grew up in, itÓs s taking care of each other and working together, that drive a maj residents here; and that is what has created the identity that w WOODWARD: All right, thank you. Any questions? Okay, Barbara Ha HANOG: ThatÓs me. WOODWARD: All right. If youÓll give us your address and you may begin your testimony. HANOG: Aloha everyone. WOODWARD: Aloha. HANOG: I live at 2880 Kumula Street in Pepeeko for 35 years. Al with sugar cane, plantation community. Today IÓm going to speak JOBS Hu Honua will provide: 28 to 30 good-paying long-term jobs at the plant. Approximately 120 long-term indirect jobs in agriculture, transportation and support of services. About 100 construction jobs for the 9-12 months. THE ENVIRONMENT Hui HonuaÓs fuel is renewable and grown locally. We will have lower overall air emissions in the Hilo Bay area; The Hu Honua facility will reduce, and I say will reduce, oil imports to the Hawaii Island by approximately 10 million gallons, that is 250 barrels, I mean 25 21 EXHIBIT B OTHER BENEFITS Tax Revenues - Hu Honua will be a significant source of tax reve through the general excise taxes and property taxes More stable electric rate - By reducing the use of oil to genera bills will not be affected as much by swings in the price of oil the past five years. And thatÓs good news for Hawaii Island busi Hu Honua will play a critical role in the local forestry industr that make veneers and other wood products will be significantly lower quality parts of the tree to Hu Honua. Hu Honua will contribute significantly to the StateÓs renewable plant will produce 24 megawatts of electricity, enough for 18,00 Hawaii Island and the State closer to getting 20 percent of thei by the year 2020. MITIGATION OF POTENTIALLY ADVERSE IMPACTS Hu Honua Bioenergy has taken several steps to reduce potential a Converting from coal to biomass will reduce emissions. Installing new emissions control systems that will meet and that requirements for significantly reduced emissions. Design changes have been made to reduce water consumption and im Installing acoustic paneling will reduce plant noise. Planting a tree buffer around the perimeter of the property will Hauling of fuel will be restricted to daylight hours. Use of the compression release engine brakes (jake-brakes) by tr Fuel truck route will bypass the lower portion of Sugar Mill Roa Hu Honua has committed to proper road maintenance. I am the president of the PepeÒekeo Senior Club and the ILWU Pen represent them and we are in favor. Thank you. WOODWARD: Thank you. Questions? All right, Marcella St. Ambrogio. 22 EXHIBIT B ST. AMBROGIO: Aloha. WOODWARD: Aloha. If you could speak into the microphone and give us your address, please. ST. AMBROGIO: Sure, absolutely. My name is Marcella Roberta St. Ambrogio; and I live in PepeÒekeo Point Shoreline. My address if 28-3055 Beach Road. I l from the smoke stack; and there it is. This is the view, thank lanai. How about that? I live in the modest residential home. had planned to retire here and live a life of self-sustainabilit hopefully stress. At the age of 70, I find that I was deceived. promised that there were going to be additional homes in its pla animals will suffer from the fallout of air pollutants. ThatÓs The noise from the trucks, generators, turbines and chippers wil good thing. Since I live approximately 500 feet from the plant, be very disconcerting and very uncomfortable. My animals and garden help to sustain me and my grandchildren on have 13 grandchildren, here are pictures of some of them. TheyÓ the grandchildren that have special needs. TheyÓre all special n Syndrome all the way to breathing problems. They are going to b enjoyed, been relatively enjoying not too much problem with the have. Our air has been relatively clear due to the trades and th Also, IÓm frightened for my safety in having to deal with the co and going on Sugar Mill Road. As an older person driving that ro on the back of me, thatÓs pretty scary. They not only create noise pollution and air pollution, but they of three or four an hour, or even maybe more. IÓm also concerne my residentially zone property will exceed the maximum allowable to live beside a giant noise producing noxious fume belching beh Please consider my concerns as a homeowner, as a senior, and as devoted to the Aloha Spirit that encouraged all of us to live he WOODWARD: All right, thank you. Any questions? Okay, Kendra Tid TIDWELL: Hi. WOODWARD: Hi. TIDWELL: IÓm Kendra Tidwell. IÓm, my PO Box 956, in Pahoa. IÓ Marcus Spallek. HeÓs my boyfriend. And he owns 15 acres off of downwind of the proposed power plant. Marcus has a goal of starting an aquaponics farm on his land which is small scale but a very dense, very productive, clo 23 EXHIBIT B system. And IÓm here to offer a different perspective too. The moved here, there are many people that are retiring that have es and I grew up here, and weÓre looking at this land, and weÓre se So not to say that any of the points made arenÓt valid. TheyÓre considered just as much. But weÓre coming from a different era crowd -. We donÓt have a house yet at the campsite, but weÓre de things. Marcus, the biggest problem heÓs having with his greenhouses rig airflow and how heÓs going to treat his air thatÓs going to be c and methane gases through what they call a worm bin, and worms c increasing the quality of air and then circulating it over his p grocery stores to sell his plants that will be creating a lot of very excited about. But hearing upon this plan being proposed, t issue for us, and besides that the road that has been talked abo talked about much. And I wish he was here to share with you bec biomedical engineering degree and heÓs working on his masters. But, anyway, heÓs in Norway. And this is kind of new to me but on a personal note I remember in town, and I spoke at the County Council hearing about that. A sustainability; and it canÓt be refuted that, yes, he will need no brainer. ThatÓs wonderful. This is the place for sustainabili also. WeÓre so isolated and we have all these resources at our disposal. How can we not use renewable energy, right? And so this is the second time IÓve se years, this kind of quick solution. ThereÓs a building for it, j irrefutable, everybody knows Hilo needs job. So it makes lot of against that. But IÓd love to see it done right. And IÓd love to canÓt see it from this nice ladyÓs backyard, and itÓs not going and possibly, you know, interfering with that as well. So thank considering us. WOODWARD: Okay. Thank you very much. Questions? Okay, thank yo your testimony. You can have a seat and weÓll call up the last, altogether. Roberta DeMotta, Catherine Marquette, Bruce MacDuckston, and then Claudia Rohr wishes to correct something. So weÓll have all those four peopl letÓs see, Claudia, weÓve already sworn you in. The other folks Do you swear or affirm to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. WOODWARD: Okay, very good. And Roberta DeMotta, would you like give us your name and address, please. 24 EXHIBIT B DEMOTTA: I will thank you. My name is Roberta DeMotta. My famil in PepeÒekeo. WeÓve been, my husband and I have seen residents t My husbandÓs family has been in that home for three generations. one of the ones that helped build the PepeÒekeo community. He b worked for the Hilo Coast Plantation for many, many years. And can hear everyoneÓs concerns; and they are valid concerns. But I another side. My husband does work at the plant. But that aside, especially local, local cultures that doesnÓt speak up or becaus families they arenÓt able to take off of work and be here and sp amount of support and need for the jobs in our community, and a those that are of our generation. We also have children who are WeÓve grown up, I grew up my entire life in Wainaku, which was a and were exposed to much more than, much more unseen pollutants plantation. And we grew up very well, I think. We went on, our generation went on to be doctors and lawyers and very healthy; and, you know, it was no p know there are valid concerns. But as far as the air quality, I believe there is a process in p those concerns. There are standards that are set that Hu Honua w forward with their projects. And the sustainability for energy children and the lasting jobs that this may create in our commun again, I just wanted to be a voice for our generation, a working generation, that cannot always be here and be representative at these meetings. Unfortunately mos or that stance to have a voice in a lot of the community associa silent majority. And I just wanted to be a voice to, again, my WOODWARD: All right, thank you very much. Any questions? Okay. MARQUETTE: My name is Catherine Marquette. My address is PO Box have my written testimony so I just want to summarize. IÓve liv I lived there when there was sugar; I lived there when there was there was nothing. And I donÓt know whatÓs going to be next. My biggest concern is the trucks. I commute to Honokaa every day make that left-hand turn off Highway 19 on to Sugar Mill Road. thereÓs enough room in the emergency lane to pass the turning tr to do that, to pass on the right. So my concern is the traffic a conditions put on the application. This other point I want to ma planners put on the Mill to adhere to DOH residential noise leve disappointed that the conditions for night time operation was re WOODWARD: All right, thank you. Any questions? Okay, Mr. MacDuc MACDUCKSTON: Good afternoon. WOODWARD: Good afternoon. 25 EXHIBIT B MACDUCKSTON: I had good morning here, but -. Thank you for the you. My name is Bruce MacDuckston. My address is PO Box 841, PepeÒek behalf of Bridget Repoza and her family, Rebecca, Jack, Zackary - 3088 Beach Road in PepeÒekeo. I was going to show you on the map where they live but I think t see from their front yard (showed picture). But they are concer this goes through, what they will hear, and what they may smell about the increased traffic on Sugar Mill Road, the only access They are concerned about the health and safety of their family. Now as a start I would like to concur with and incorporate by re the information today presented by Mr. FaÒagau and all the other contested hearing. This factory will create clouds of emissions, exhaust, noxious odors and a steady stream of trucks, leading to health problems to their fam contact with the plant, including the employees of the plant. T believe that the change in air quality, noise level and traffic We believe that the application on file is incomplete almost as address all of the issues. There is not a sufficient air report. report. There is not a complete hydrologist report. We believe adequate information to indicate the viability of the project. have talked about, oh, the applicant is going to be taking care to do that. Well, as a matter of fact, you should know just righ in their road maintenance payments that they have not paid. A contested hearing will provide an opportunity to submit indepe thus address our concerns and the concerns of everyone else who has spoken today, on both sides. The surrounding community has substantially changed in character from a working sugar plantation to individual lots, ranging in s People are moving here, hoping to build new homes and reside her were promises made that the plant, which closed in 2004, would r To allow a contested hearing will not cause any harm to the gene cause irreparable damage to this family. We need the opportunit present information to you. A contested hearing will assure thi I believe that it is your charge on the Planning Commission to p among other things, making sure private facilities are in suitab energy generating facilities in question here is located, design adverse social, visual and environmental impacts in the coastal 26 EXHIBIT B Accordingly, I request that you grant the Repozas standing and o WOODWARD: All right, thank you. Any questions? Okay, seeing non we have signed up is Claudia Rohr who testified previously and wish to correct something in her testimony. So -. ROHR: Yes. I had a chance to speak to the applicant briefly and gallon trigger was for wastewater, not the once through cooling water. So I was incorrect about the environmental assessment being triggered by that. But, none assessment or EIS process could happen which would allow everyone to ask specific questions and get back written answers from the applicant, saving a lot of something we donÓt know about. The applicant was unable today t would be generated. Therefore, thereÓs a significant problem in weÓre going to immediately recycle it. ThatÓs how the Hilo Coas through in the first place. Coal ash was going to be put into tr and recycled. It did not happen. Thank you. WOODWARD: Okay. Thank you very much. Any questions? All right, may be seated. Is there anybody else, last call, that wants to All right, we will then proceed to the question of standing. All right. Let me just give you a little bit of a legal boiler p you the basic concepts. But if you want to continue to obtain fo establish that your interest is clearly distinguishable from tha happen to live close, for example; or youÓre a government agency the land involved in the subject request, which doesnÓt seem to from so far; or you have some property interest in the land or l the subject property, that doesnÓt seem to apply. Or even if you donÓt have an interest different from the public generally the proposed action will cause you act persons who are descendents of native Hawaiians who inhabited th 1778 who practiced those rights which were customarily and tradi subsistence, cultural, or religious purposes, okay, which so far the guidelines. Essentially the most common unifying fact is an general public, and thatÓs virtually almost all cases here that think, more of a matter of formality than anything else. But we and if we could have people come up and weÓll ask a question or granting status. All right, so when I call you up, weÓd like you to come up and j why you feel you have standing. And as I say for virtually every you happen to live close to the property. But if youÓll just let 27 EXHIBIT B questions weÓll ask you, and then we will vote on your specific have, we just heard from Mrs. St. Ambrogio. Okay, youÓre first. ST. AMBROGIO: Why am I always first? WOODWARD: I donÓt know. YouÓre lucky, I guess. And youÓve alrea that other stuff. So if youÓll just have a seat, and if you will weÓre not looking for justification as to -. WeÓre looking just to grant you standing. That is not the reasons youÓre concerned with, but the fact that your intere public, which in your case I assume is because you live next doo ST. AMBROGIO: I live 500 feet away from that stack and I am not ARAI: Microphone. NOMURA: Microphone, please. WOODWARD: Mike, if youÓll use the mike, yeah. ST. AMBROGIO: Oh, sorry. And IÓm not looking forward to inhaling all of that stuff coming out of it, nor listening to the noise from that plant, nor am I and the noise coming down that hill. WOODWARD: Okay, so youÓre basing it on the fact that you live c ST. AMBROGIO: Yes. WOODWARD: Okay, very good. I think thatÓs all. Do we have any o I hear a motion to grant Ms. St. Ambrogio status, standing? KERN: Motion to grant -. WOODWARD: Standing, granting standing. KERN: Yes, grant standing to Ms. St. Ambrogio regarding SMA No. WOODWARD: Do I have a second? ISHIBASHI: Second. WOODWARD: Okay, all in favor? COMMISSIONERS: Aye. WOODWARD: Any opposed? None. YouÓre in. Okay, thank you very mu 28 EXHIBIT B ST. AMBROGIO: Thank you, thank you all. Thank you. WOODWARD: Sure. That was easy. Next, who is representing the Association of Owners at Orchards at PepeÒekeo? FAÒAGAU: ThatÓs me. WOODWARD: Oh, thatÓs -. Okay. All right, Mr. FaÒagau. YouÓve already been sworn in also. And the question is the same, on what basis do you request stan FAÒAGAU: The Orchards request for standing for proximity and for actually leading to the plant. WOODWARD: Okay, very good. Does anybody have any questions? All motion to grant standing for the Association of Owners at the Or KERN: Motion to grant standing for the Association of Owners at Orchards at PepeÒekeo regarding SMA No. 221. WOODWARD: Okay, second? ISHIBASHI: Second. WOODWARD: All in favor? COMMISSIONERS: Aye. WOODWARD: Okay, now you are representing yourself also. We might as well, as long as we have you up here -. FAÒAGAU: Actually IÓm representing four groups. WOODWARD: Okay, if youÓll tell me which ones they are maybe we once. FAÒAGAU: They are myself. WOODWARD: All right. FAÒAGAU: As lot owner near Sugar Mill Road and Old Railroad Way. WOODWARD: Okay. FAÒAGAU: Stephen Meek who owns property on Old Mamalahoa Highway at Sugar Mill Road. 29 EXHIBIT B WOODWARD: All right. FAÒAGAU: And the last one is Tony DeLellis who owns property on Old Railroad Way close to the intersection where the trucks will be turning off. WOODWARD: Okay. So youÓre representing all and the reason is th FAÒAGAU: ItÓs all proximity, yes. WOODWARD: Okay. Do we have any questions? ISHIBASHI: Just point of clarification. I just wanted to make sure that they all paid the fees and within the time limit, on all these guys, everyone? DARROW: Every person that filed filed timely and did submit the filing fee. ISHIBASHI: Okay, thank you. WOODWARD: We got our money, weÓre okay. Not, our money, CountyÓs money. Okay. Do we have a motion to accept those four individuals and organization? KERN: Motion to accept those four individuals and organization. ISHIBASHI: Second. WOODWARD: All in favor? COMMISSIONERS: Aye. WOODWARD: Okay, youÓre done, thank you. YouÓre in. FAÒAGAU: Thank you very much. LUGO: Which ones specifically were entered in? WOODWARD: It was Mr. DeLellis, this one here. LUGO: Okay. WOODWARD: Stephen Meeks thatÓs the second one on this page, the Orchards at PepeÒekeo, and then you had one for yourself, Mr. FaÒagau, and Stephen. FAÒAGAU: Yes. WOODWARD: And then was there another? 30 EXHIBIT B FAÒAGAU: No, thatÓs it. Those are the four. WOODWARD: Okay, very good. FAÒAGAU: Thank you. WOODWARD: Okay, thank you. All right, next would be Gwendolyn D you have also been sworn in. You and your husband, are you going to have one or youÓre going to have two? DECOITO: Just one. WOODWARD: Just one. So weÓre going to consolidate that. Okay. A based on proximity? DECOITO: Proximity. WOODWARD: Okay. And so youÓre going to combine that into one. DECOITO: Yes. WOODWARD: Okay. Well, then youÓll be, get a refund for one and if thatÓs acceptable. Does anybody have any questions? Okay, do those two and to grant standing? KERN: Motion to consolidate Gwendolyn DeCoito and Michael DeCoit to grant standing regarding SMA Permit No. 221. WOODWARD: We have a second? ISHIBASHI: Second. WOODWARD: All in favor? COMMISSIONERS: Aye. WOODWARD: Okay, aye. No objection. All right, thank you much. Next would be Raquel Dow. Okay, we have not sworn you in yet so if youÓll have a seat and raise your right hand. Do you swear or affirm to tell the truth today before the Windward DOW: I do. 31 EXHIBIT B WOODWARD: Okay, very good. If youÓll give us your name address you request standing. DOW: My name is Raquel Leilani Dow. I live at 28-250 Kauina Ro requesting standing are proximity. My property is 2045 feet from the plant property. This is well within the 3000 feet that is considered the most vulnerable to the effects of, to the pollution from a plant, and also because of health reasons. And in the interest of time I will skip the speech, but I certainly want to echo the comments of others that agree with all of those that the petitioners have presented. WOODWARD: Okay, thank you very much. Any questions? Okay, is status to Ms. Dow? KERN: Motion to grant -. WOODWARD: Standing. KERN: Standing for Raquel Dow regarding SMA Permit No. 221. WOODWARD: Second? ISHIBASHI: Second. WOODWARD: All in favor aye? COMMISSIONERS: Aye. WOODWARD: Any opposed? Not seeing any opposed, okay, thank you been granted standing. DOW: IÓm also here to represent Margaret Spallek who was off-is wedding. WOODWARD: Okay, dokey. LetÓs do that one then. Same reason? DOW: Same reason. WOODWARD: Proximity? DOW: Right. She owns 15 acres. ItÓs approximately a mile from t son are establishing the aquatics farm that you heard about when earlier. WOODWARD: Oh, okay. All right. So she is requesting status and he is requesting status also separately? 32 EXHIBIT B DOW: Correct. WOODWARD: Okay. And youÓre representing her -? DOW: Yes. WOODWARD: Margaret Spallek. DOW: My understanding, sheÓs the owner of the property and he i WOODWARD: And for proximity. And the reason is proximity? DOW: Proximity. WOODWARD: Okay, any questions? Do I hear a motion to grant sta Spallek? KERN: Motion to grant standing to Margaret Spallek regarding SMA WOODWARD: Second? ISHIBASHI: Second. WOODWARD: All in favor aye? COMMISSIONERS: Aye. WOODWARD: Okay, thatÓs taken care of. Thank you very much. Next Mr. Perazzi or Ferazzi? WeÓve got you spelled wrong here. FERAZZI: F-e-r-a-z-z-i. WOODWARD: Yeah, we got the ÐzÑ and the ÐrÑ in the wrong place h FERAZZI: I do represent two places. WOODWARD: Yes. FERAZZI: So we could do two at once. WOODWARD: Okay. WeÓll do yourself . And then it was which -? FERAZZI: The Gardens Association. WOODWARD: Organization? 33 EXHIBIT B FERAZZI: Gardens. WOODWARD: Gardens, PepeÒekeo Gardens Association, okay. And the FERAZZI: Proximity and health. WOODWARD: Okay. Any questions? Do we have a motion to grant standing to Mr. Ferazzi and to the organization he represents, PepeÒekeo Point Gardens A KERN: Motion to grant standing for Robert Ferazzi and PepeÒekeo regarding SMA Permit No. 221. ISHIBASHI: Second. WOODWARD: All in favor aye? COMMISSIONERS: Aye. WOODWARD: Okay, thank you very much. FERAZZI: Thank you. WOODWARD: ThatÓs done. Okay, Susan Munro and Mr. Kerry B. Glass. YouÓre going to be together in one? S. MUNRO: ThatÓs my husband. WOODWARD: Okay, very good. And youÓve been sworn in. And youÓre on proximity? S. MUNRO: Proximity. WOODWARD: Okay. Any questions? All right, do we have a motion to grant standing for Ms. Munro and her husband, Mr. Glass? KERN: Motion to grant standing for Susan Munro and Kerry Glass r ISHIBASHI: Second. WOODWARD: All in favor aye? COMMISSIONERS: Aye. 34 EXHIBIT B WOODWARD: Okay, very good. Rosemary Gonzalez, a new face. I ha so I get to swear at you now. Okay, if youÓll raise your right h tell the truth today before the Windward Planning Commission? GONZALEZ: Yes, I do. WOODWARD: Very good. And if youÓll give us your name and addres your reason for standing. GONZALEZ: My name is Rosemary Sylvester Gonzalez. IÓm currently Monogram Avenue in Long Beach, California. My residence will be August 1st. This is my back yard and the podocarpus is the bound stack. WOODWARD: Proximity. Okay, very good. Any questions? All righ grant status to Ms. Gonzalez? KERN: Motion to grant standing for Rosemary Gonzalez regarding S ISHIBASHI: Second. WOODWARD: All in favor? COMMISSIONERS: Aye. WOODWARD: Okay. GONZALEZ: Thank you. WOODWARD: Thank you. That was done. WeÓve done that one. Repre we have anybody here with the Hilo Project? Hilo Project? DARROW: Mr. Chairman? WOODWARD: Yes. DARROW: As mentioned previously, there was a representative her mistaken impression that his testimony given previously was to g WOODWARD: Okay. I think itÓs clear his standing is based on proximity. He said he owns the property right next door. DARROW: Correct. 35 EXHIBIT B WOODWARD: And I think since there was a misunderstanding I thin from the standpoint of including everybody that wants to be included since clearly he has a reason. So I would like to have a motion if we could to include KERN: Motion to grant standing to Hilo Project LLC regarding SMA ISHIBASHI: Second. WOODWARD: All in favor aye? COMMISSIONERS: Aye. WOODWARD: Okay. Mr. and Mrs. Stephen E. Kempton. ST. AMBROGIO: TheyÓre off-island. WOODWARD: TheyÓre off-island. Okay, well, weÓll -. ST. AMBROGIO: I could represent them. TheyÓre my neighbors. WOODWARD: If you tell me youÓre their representative, IÓll take up. WeÓve already sworn you in so -. ST. AMBROGIO: Yeah, well, IÓm (inaudible). WOODWARD: Okay, Ms. St. Ambrogio, you are representing the Kemptons. And their reason for requesting status is proximity? ST. AMBROGIO: TheyÓre even closer than I am. WOODWARD: TheyÓre even closer. ST. AMBROGIO: Yeah. WOODWARD: Okay, well, then that puts them on the head of the li ST. AMBROGIO: There you go. WOODWARD: Okay. Do I have a motion to grant status? KERN: Motion to grant standing for Mr. and Mrs. Stephen Kempton 221. ISHIBASHI: Second. WOODWARD: All in favor? 36 EXHIBIT B COMMISSIONERS: Aye. WOODWARD: Good job. Thank you. Okay, Elaine Munro. Okay, and weÓve sworn you in. And your request is based on -? E.MUNRO: Proximity. WOODWARD: Proximity. Okay, any questions? Do I hear a motion to grant status to Ms. Elaine Munro? KERN: Motion to grant standing to Ms. Elaine Munro regarding Per ISHIBASHI: Second. WOODWARD: All in favor? COMMISSIONERS: Aye. WOODWARD: Okay, very good. Thank you. Edward Pabst. DONEUX: HeÓs not here but IÓm his wife. I donÓt know if youÓll WOODWARD: You will do. Come on up. WeÓre looking for anybody a Okay, I do need to swear you in. If youÓll raise your right hand the truth today before the windward Planning Commission? DONEUX: I do. WOODWARD: Okay, if youÓll give us your name and address, please DONEUX: My name is Brigitte Doneux and I live at 28-469 Souza Ro WOODWARD: Okay. And youÓre the spouse of the applicant -. DONEUX: Edward Pabst, yeah. WOODWARD: Okay. And youÓre requesting standing based on proximi DONEUX: Proximity. WOODWARD: Okay, any questions? Do I hear a motion? KERN: Motion to grant standing for Edward J. Pabst regarding SMA ISHIBASHI: Second. 37 EXHIBIT B WOODWARD: All in favor? COMMISSIONERS: Aye. WOODWARD: Thank you. Very good, done. Okay, and weÓve got the P Pearring? Y. PEARRING: Pearring. WOODWARD: Pearring, yes. Michael Perring and Yu Yok Pearring. Did you want to maintain separate standings? M. PEARRING: For now. WOODWARD: Okay, very good. And I think we can probably, and your request is based on proximity? M. PEARRING: Yes. WOODWARD: Both of you? Y. PEARRING: YouÓve got it. WOODWARD: Okay, do I hear a motion to grant standing for Mr. an KERN: Motion to grant standing -. WOODWARD: Individually. KERN: For Michael Pearring and Ms. Yu Yok Pearring regarding SMA ISHIBASHI: Second. WOODWARD: Okay, all in favor aye? COMMISSIONERS: Aye. WOODWARD: Okay. Thank you very much. Y. PEARRING: Thank you. WOODWARD: A representative from PepeÒekeo Point Shoreline Assoc right. MACDUCKSTON: Bruce MacDuckston. 38 EXHIBIT B WOODWARD: And Mr. MacDuckston, yes, youÓve been sworn in. MACDUCKSTON: Yes. WOODWARD: And youÓre representative of this association? MACDUCKSTON: Yes. ItÓs pertinent to the lots so I would say. WOODWARD: Okay. And itÓs based on proximity? MACDUCKSTON: ThatÓs as close as you can get. WOODWARD: Okay. Do I have a motion? KERN: Motion to grant standing for PepeÒekeo Point Shoreline Ass Permit 221. ISHIBASHI: Second. WOODWARD: And you also represent the Rapozas? MACDUCKSTON: Yes. WOODWARD: Can we include that? KERN: Also motion to grant standing for Bridget Rapoza regarding WOODWARD: Okay, very good. ISHIBASHI: Second. WOODWARD: All right. Based on proximity? MACDUCKSTON: Yes. WOODWARD: HeÓs got it, okay, all on proximity. All right. All COMMISSIONERS: Aye. WOODWARD: Okay, thank you, sir. MACDUCKSTON: Thank you. WOODWARD: We see no objection to that. Margaret Spallek has al Marcus Spallek, I believe Kendra was representing him. Okay, weÓ 39 EXHIBIT B on proximity? TIDWELL: Yes. WOODWARD: Okay. Any questions? Motion? KERN: Motion to grant standing for Marcus Spallek regarding SMA ISHIBASHI: Second. WOODWARD: All in favor? COMMISSIONERS: Aye. WOODWARD: Okay, thank you very much. We have done that. Okay, all right. Corporation Counsel suggested I ask the applicant or representative to come statements that they would like to make at this point about the this point. Okay, sir, if I can get your to raise your right han truth today before the Windward Planning Commission? MCQUAIN: Yes, I do. WOODWARD: Okay, just speak into the microphone and give us your then youÓre welcome to begin. MCQUAIN: My name is Richard McQuain, my address is 700 Richards Street, Honolulu. IÓm the president of Hu Honua Bioenergy LLC. First I would comment t Planning CommissionÓs time and patience in this matter. We welc about to go through with the intervenors in a contested case hea complete and everyone can be satisfied that theyÓve got all of t make a proper decision. The only thing that we would ask simply of the intervenors is pl But otherwise thatÓs obviously a task for the Commission to man There were some points that I was going to make regarding the project but frankly Jeff covered most everything. IÓm not going to repeat what he told you. And testified kind of took my thunder and took some of my points so to go through them. WOODWARD: Okay. Basically this is sort of a process hearing right now where weÓre setting up the process and then the actual arguments will be dealt with your magnanimity in this; and thank you very much for your comme What IÓd like to do now, everybody has been granted status and t to figure out the mechanics of this process from here forward. executive session for a few minutes just so we can discuss with 40 EXHIBIT B mechanics from this point forward. And then if youÓre still int listen to the report, weÓll still be here for a little while. It matter of figuring out where we go from here and when. So if I could have a motion first to go into executive session. LUGO: What he means is that you should stay and come back. WeÓl minutes so that you can get information about how weÓll proceed WOODWARD: Okay. KERN: I make a motion to move into executive session to consult regarding legal issues. ISHIBASHI: Second. WOODWARD: All in favor? COMMISSIONERS: Aye. WOODWARD: Okay. EXECUTIVE SESSION Î The Commission went into executive session at 2:55 p.m. and c out of executive session at 3:19 p.m. by a motion made by Commis Commissioner Ishibashi, and unanimously carried by a voice vote attendance. WOODWARD: WeÓre back in session now and the last issue really i of the case from this point forward. So, would somebody like to Au. AU: I would like to make a motion for the Commission to hire an WOODWARD: Hearing officer? AU: A hearing officer. WOODWARD: Is there a second? ISHIBASHI: Second. WOODWARD: Okay, so we have a motion to turn this case, the cont officer. Any discussion? Okay, letÓs take a vote. Jeff? DARROW: Thank you, Mr. Chairman. The motion before us is to have a hearings officer hear this matter. With that IÓll take the roll. Commissioner Au? 41 EXHIBIT B AU: Yes. DARROW: Commissioner Ishibashi? ISHIBASHI: Aye. DARROW: Commissioner Kern? KERN: Kanalua. DARROW: And Mr. Chairman? WOODWARD: Aye. DARROW: Commissioner Kern? KERN: Kanalua. DARROW: The motion passes four to zero. WOODWARD: Okay, very good. Now all of you who have been granted contacted once the hearing officer has been retained by the Plan hearing schedule. The hearing officer may because a lot of these potentially consolidating cases. ThatÓs going to be up to the he hearing officer has conducted these hearings they will bring the So the one thing we will need at this point would be a motion to results of the hearings to be conducted by the hearing officer. KERN: Motion to continue the matter until such time that a heari and has contacted the parties. Is that right? WOODWARD: Reports, reports back to us with a recommendation. KERN: Reports back to us with a recommendation. WOODWARD: Okay. Second? AU: Second. WOODWARD: Okay, Jeff? DARROW: Thank you, Mr. Chairman. The motion -. WOODWARD: Any discussion by the way? Seeing none, okay. Sorry. DARROW: No problem. The motion before us is to continue this m 42 EXHIBIT B reports back to the Planning Commission. With that IÓll take th KERN: Aye. DARROW: Commissioner Au? AU: Aye. DARROW: Commissioner Ishibashi? ISHIBASHI: Aye. DARROW: And Mr. Chairman? WOODWARD: Aye. DARROW: The motion passes four to zero. WOODWARD: Okay. Okay, so thatÓs essentially it. Those of you th status will be contacted. The discussion ended at 3:24 p.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 43 EXHIBIT B