2013-10-3 Windward Planning Commission Minutes

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(Gonzales, Moses, Heaukulani, Henkel, Miyasato and Ishibashi) and one absent and excused (Ono). Chairman Ishibashi at this time turned the meeting over to Vice-Chairman Gonzales and stated he was recusing himself from the next item on the agenda. NEWBUSINESS – 10:30 a.m. APPLICANT: HU HONUA BIOENERGY LLC (SMA 221) Discussion and action on the Third Circuit Court’s Order of Partial Remand to County of Hawai‘i Windward Planning Commission for Supplemental Proceedings filed August 27, 2013, for the narrow purpose of the Windward Planning Commission clarifying Condition Nos. 11 and 12 of its June 7, 2011 Decision and Order approving an amendment to Special Management Area Use Permit No. 221, which originally allowed the establishment of a coal storage area and a coal burning energy plant and related improvements. The approved amendment request allowed a change in fuel source from coal to biomass, to upgrade the existing facility and to construct support facilities and infrastructure at the former Pepe‘ekeō Power Plant, Makahanaloa, South Hilo, Hawai‘i, TMK: 2-8-8:104 (formerly 2-8-7: Portion of 53). The Commission anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes, for the purpose of consulting with the Commission’s attorney on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4 and Planning Commission Rule 1-5(e) is necessary to hold an executive meeting. The Commission took this item up at 11:32 a.m. with 13 people from the public in attendance. (SEE EXHIBIT B) MINUTES – The Commission took up the following minutes at 12:32 p.m. Approval of Minutes of the August 1, 2013 meeting – It was moved by Commissioner Gonzales, and seconded by Commissioner Moses, that the minutes be approved as circulated. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS – At 12:33 p.m., the Commission took up the following under administrative matters: 1.Status of applications heard by Windward Planning Commission that are pending before County Council –Mr. Arai reported that the Planning Committee of the Hawai‘i County Council yesterday forwarded a favorable recommendation to the Council on the Planning Director initiated University of Hawai‘i rezoning application (REZ 13-166), noting a concern raised was the deletion of the 80-foot right-of-way as shown on the Hilo zone map. He said the Planning Committee also forwarded a favorable recommendation to the Council on Vince Kimura’s change of zone application (REZ 1018). 6