2011-05-04 Windward Transcript HU HONUA

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of the highway. And I feel that some safety measures should be included so that, you know, in the event that, when people speed or are negligent that any serious accident might not result from that. It's a safety measure that I strongly believe in. KERN: Any other discussion? I would possibly like if we could give a timeframe on that, maybe a year or two, to be able to accomplish that, because that is working with State Highways. I’d like to get the staff’s input as well. So, Daryn? ARAI: Well, I took a quick read of the proposed condition and since it seems to be associated with traffic generated by the proposed use, that it may be reasonable to require it prior to establishment or the commencement of operations, I guess. I‘m not sure, something along those lines. KERN: That would be one option, or we could give a little bit of a longer timeframe possibly to meet that criteria. ARAI: At the discretion, right. If you're going to provide a timeframe then it could be like within one year from the effective date of this permit, or two years from the effective date of this permit. KERN: I think with the reality of the State Highways and stuff, you know, in working through that and giving the benefit, you know, a year or two would be appropriate. But that's your call, Commission Domingo, to add that. DOMINGO: I would say two years, but no later than the time when they start to put the plan into operation. It should be put into place before they start any operations. KERN: Okay, well that’s slightly contrary to my opinion, but I see what you’re saying there, too, though, that you would like to have it in place prior to commencement of the plant being operational; and I can totally understand that. And at the same time I would say give them a little bit more time to allow them to start potentially operating and generating some money, and dealing with the state, and then making that have to happen here within, you know, a period of time from that. DOMINGO: I can go with that, Mr. Chairman. KERN: That would be –. So you want two years from commencement or from the issuance of the permit? DOMINGO: I would feel more comfortable if this requirement would be met before they start operations. Because as soon as they start operations, then you would be presenting a situation that can be hazardous, a potential hazardous situation. And to put it in two years after they start, you know, it does not sit right with me because there are prone to be accidents even before then. MECKLENBURG: If I could interject, I want to bring the Commissioner’s attention to the findings of fact 54 and 55 which relate to traffic, and just make sure that we are being consistent with those findings of fact in our consideration of this amendment. And so the findings were that: The traffic impacts alone are not proper issues for consideration and the approval of an amendment to an SMA 20 EXHIBIT C