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permit, and we discussed that previously in our session prior to this. And then in 55, that Hu Honua <br />engaged SSFM to conduct a traffic assessment and SSFM orally informed Hu Honua that no action will <br />be required with respect to traffic as existing roads are adequate to handle anticipated traffic. So I just <br />want to clarify that this, what you are suggesting is for safety? You feel it is for safety issues as <br />supposed to traffic flow? <br /> <br />DOMINGO: Safety, safety issue. <br /> <br />MECKLENBURG: Okay. I think that we had discussed the Topliss case previously and the issues <br />with traffic and whether it is appropriate to consider that in accordance with an SMA permit. And the <br />guidelines that we have from the Court state that the Commission needs to determine whether traffic <br />generated by the development will or will not have a substantial adverse environmental or ecological <br />effect on the coastal zone. If the Commission finds that the traffic will not have such a substantial <br />adverse effect then the Commission should approve the permit petition without conditions relating to <br />traffic. So I think what we need to concern ourselves with in particular is with respect to the coastal <br />zone. So for looking at safety, well, if it’s related to traffic then it’s not proper for consideration within <br />the SMA zone. If we’re looking at safety, then again we need look at safety within the SMA zone. So <br />possibly, if you’re talking about safety, in terms of traffic on the main road, that may not be appropriate <br />for our consideration with an SMA permit. <br /> <br />DOMINGO: Well, as I look at it the use that has been presented here is a use away from the highway. <br />But in order for that particular use to be proper and well recognized as such, and to be successful, then <br />they need to use the highway for that. If it, what I am saying is it is related. If you don't put the plant <br />there, there is no need for bagasse, then there will be no need for use of trucks. So, you know, as I look <br />at it, it is related and it is important. <br /> <br />KERN: Is it technically out of our jurisdiction though? I mean, I agree, I think, you know, traffic is <br />always, is a concern. And if we cannot, then we cannot? We kind of need a little bit of guidance, I <br />think, on whether we really can or we cannot. We’ll take a five-minute recess, oh, if I could I’d like to <br />get a motion to move into executive session. <br /> <br />AU: I make a motion to go into executive session? <br /> <br />KERN: All those in favor? <br /> <br />COMMISSIONERS: Aye. <br /> <br />KERN: Oh, do we have a second on that? <br /> <br />ONO: Second. <br /> <br />KERN: Okay, motion has been moved and seconded. All those in favor aye? <br /> <br />COMMISSIONERS: Aye. <br /> <br />21 <br /> EXHIBIT C <br /> <br />