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HomeMy WebLinkAbout2015-01-08 Hearing Transcript-GAF Puna Pono Alliance WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I HEARING TRANSCRIPT JANUARY 8, 2015 A regularly advertised hearing on the request for a claim for the release of funds from the GEOTHERMAL ASSET FUND BY PUNA PONO ALLIANCE, PELE DEFENSE FUND, SIERRA CLUB-MOKU LOA GROUP, OHANA HO‛OPAKELE, MALU‛AINA, ET AL. for a Psycho-Social Impact and Community Wellbeing Study ($293,760) was called to order at 11:33 a.m. in the County of Hawai‘i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai‘i with Chairman Myles Miyasato presiding. COMMISSIONERS PRESENT: Myles Miyasato, Charles Heaukulani, Gregory Henkel, and Donald Ikeda. ABSENT & EXCUSED: Raylene Moses and Stephen Ono. ALSO PRESENT: Duane Kanuha (Planning Director), Danny Patel (Deputy Corporation Counsel for the Windward Planning Commission), Daryn Arai (Planning Program Manager), Jeff Darrow (Staff Planner), Maija Cottle (Staff Planner), Christian Kay (Staff Planner), Lucas Mead (Staff Planner), Sarah Hata-Finley (Commission Secretary), and Melissa Dacayanan (Planning Commission Support Technician). And approximately 16 people from the public in attendance. CLAIMANTS: PUNA PONO ALLIANCE, PELE DEFENSE FUND, SIERRA CLUB- MOKU LOA GROUP, OHANA HO‛OPAKELE, MALU ‛AINA, et al. Discussion and action on a claim for the release of funds from the Geothermal Asset Fund that includes a recommendation from the claims adjuster, for the following geothermal impact mitigation project: Psycho-social Impact and Community Wellbeing Study - $293,760 a. Funding to conduct a baseline and prospective psycho-social impact assessment on the Big Island of Hawai‛i in order to identify both past, existing and potential adverse impacts upon Native Hawaiians associated with the development of geothermal energy generation facilities. The claim also includes a request that the Windward Planning Commission establish a Native Hawaiian Health Study Review Board that will provide advice in the conduct of the study and keep the Windward Planning Commission informed as to the progress of the study. MIYASATO: I’d like to call this meeting back to order. The next item on the agenda, Puna Pono Alliance, Pele Defense Fund, Sierra Club – Moku Ola [sic] Group, Ohana Ho‛opakele Malu‛aina. ARAI: Okay, good morning Mr. Chairman, Commissioners--if I may direct your attention to the presentation screen. What you have before you is a claim for release of funds from the 1 EXHIBIT D Geothermal Asset Fund with the Claimants being Puna Pono Alliance, Pele Defense Fund, Sierra Club – Moku Ola [sic] Group, Ohana Ho‛opakele and Malu‛aina, et al. Again, what’s before you today is the discussion and action on a claim for the release of funds in the amount of $293,760 from the Geothermal Asset Fund to conduct a psycho-social impact and community wellbeing study. The purpose of the study as proposed by the Claimants will be to conduct a baseline and prospective psycho-social impact assessment on the Big Island of Hawai‛i in order to identify both past, existing, and potential adverse impacts upon Native Hawaiians associated with the development of geothermal energy generation facilities. The claim also includes a request that the Windward Planning Commission establish a Native Hawaiian Health Study Review Board that will provide advice in the conduct of the study and keep the Windward Planning Commission informed as to the progress of the study. Your Commission Rule 12 regarding the Geothermal Asset Fund allows the Windward Planning Commission to authorize the payment of money from the Geothermal Asset Fund to claimants whom the Commission finds have been adversely affected by activities, authorized or unauthorized, by Geothermal Resource Permit No. 2, and to authorize payment for community approved geothermal impact mitigation projects within the district of Puna. In accordance with your Rule 12, the requested claim was transmitted to the approved claim adjuster, John Mullen & Co., who reviewed the subject claim and recommended that it be denied as submitted for the reasons as detailed in their letter dated December 17, 2014. So, for your information, what the Department has provided to you is a copy of the claim itself, as well as the claim adjuster’s recommendations. So, with that, I—that’s all I have as far as the presentation. MIYASATO: Thank you. Commissioners, any questions for staff? Thank you. Is there any representative present today for any one of these Claimants here that would like to do a presentation or have a comment before we start the public testimony. Please come forward. You may go first. Please state your name and residence. DEDMAN: Palikapu Dedman, 1480 Komohana Street, Hilo, Hawai‛i. MIYASATO: Excuse me, sorry. I need to swear you in first. Could you please, could you please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Hawai‛i County Planning Commission? DEDMAN/ALBERTINI: Yes. [Secretary’s note: Mr. Fujiyoshi came up to the table at this point.] MIYASATO: Okay, please state your name and residence. DEDMAN: Palikapu Dedman, 1480 Komohana Street, Hilo, Hawai‛i. You know, I’d just like to say if you guys can ever remember where you were in 1983? Just put yourself back in a little timeframe. In 1983, we were in a contested case hearing on geothermal and the effects it had on Hawaiians and the community and the environment. So, that’s how far back we’ve been talking and asking about studies to be done so that the problems you see today wouldn’t occur. And 2 EXHIBIT D asking for what monies on the psychological effects on Hawaiians—it’s the same psychological effects that you’d have on any religion if you start altering the theology of it. So, eh, even taking this money, to me as one Hawaiian whose been defending my traditions, you guys using and prostituting my religion and just pimping with the money, paying off this State created Office of Hawaiian Affairs with a 20 percent, and the State getting 50 percent, and the County getting 30. Like everybody gets paid off to shut down the Hawaiian. It’s about money. You sit around and just collect these funds or these royalties and you understand what royalties is? How did it even get there? What is a royalty? You get royalty for koa? You get royalty for fish? You get royalty for water? How come you get royalty for geothermal? What, it was something that was in our monarchy that we had mineral rights? So, you reach back into our past government and pick out what you think you need like mineral rights? Well, what about the overthrow? You no like address that? You just like take things of the past to benefit yourself in the future and step on the Hawaiians in the process. Because of your assimilated pressure or put upon the Native Hawaiian, we have to go with the flow or we just ain’t gonna make it. And it’s all about to me the whole idea of three, four generations of immigrants coming to these Islands, growing up with Hawaiians, and not taking care of the host people. You guys no go home. You stay! Why you stay? Because we neva ask you to come. Somebody else did. But you know history, and you know when you grow up here. Lot of things was wrong. You guys think about fixing ‘em? Or you going take advantage of the pilau that was done. This money they asking for should have been automatic already! It shouldn’t have come out of doing geo, that you get the payoff and now you going put the bucks back into one study. I mean, what, why, you kill somebody first and then you going study ‘em after? You gonna say that geothermal isn’t something bad to Hawaiians? Well it’s a rape of my belief and my traditions. And, you ain’t gonna tell me get nice rape. And you, Duane, you knew that long time. You should be cleaning up the opala you was part of making. PATEL: Sorry, I have to interject. I mean, I think we can be cordial— DEDMAN: Aw, c’mon— PATEL: --I know— DEDMAN: I’ve been at it for 30 years— PATEL: --I know it’s a sens— DEDMAN: --Where were you in ’83? PATEL: --I know— DEDMAN: --Not born yet. PATEL: --I know it’s a sensitive— 3 EXHIBIT D DEDMAN: You see these guys giving me the respect for talk? You should do the same. You should let this Hawaiian talk cause you never hear him talk before, and you never heard any Hawaiian talk this way. Seize the moment, bruddah, and be more humble about who you are and who I am as one Hawaiian. Humble yourself. This is Hawai‛i. It’s not America. And we have traditions and beliefs and bruddah respect me. We’re a minority today, number four on the census. Get more Filipinos than Hawaiians left. What voice we get? You telling me to shut up? You no like hear my voice? You won’t be hearing a Hawaiian voice in the long run. Only if you sound like one haole. You ain’t gonna have one Hawaiian sound like a Hawaiian. No more! There’s no traditions cause nobody respect that anymore. Everybody get their belief but I don’t have my to, mine? Eh, I’m a vet, Vietnam vet. I fought for the freedom of religion, okay? Neva see exempt the Hawaiians out of that. So, why aren’t you putting any money into the study of what happens to Hawaiians. Out of 6,000 people in prison, 4,000 are Hawaiians and we number four on the census. There is a psychological impact. There is a PTSD on Native Hawaiians since the overthrow. Do one EIS on the impacts of Hawaiians when all you foreigners came. I’m sitting here looking at foreign faces to ask my respect. Shame on you guys for living here and not looking out for who’s your neighbor. Who took care of your ancestors when you first came, god-damn man, put the money in the study where it belongs. If not, all you guys go move by the pilau and live with it. If I lived there, and my kids get sick from something you approve, you guys going be responsible and I’ll come to you to collect that responsibility. So, no pass the buck. Do what is right, and it ain’t your money. It’s prostitution money, and put it back where it belongs. That’s my statement. Enough, you don’t tell me shut up. PATEL: So just—no, no, no I wasn’t asking you to stop. I was just simply asking that we have a level of, you know, we can just be cordial during this process, that’s all. DEDMAN: I’d like to just finish by saying you know what this is? Cultural racism! You impose yours on mine. And for a Hawaiian that wants to be a westerner, I ain’t talking to you. I’m talking to Hawaiians that want to be Hawaiians cause that’s the hardest thing to be today cause nobody wants to do that. So, respect who I am, and respect the host people. Not the ones who gave it up. The ones who still trying to hang on and pass that on to our kids. The passion and the fire, okay? Every black child know what racism is. What you guys doing in Hawai‛i? No act. MIYASATO: Commissioners, any questions? Commissioner Henkel. HENKEL: Mr. Dedman, I admire your passion. Specifically, what would you have us do on this? Approve— DEDMAN: --Support— HENKEL: --approve— DEDMAN: --support the Edelstein study and what it’ll do, the psychological understanding of what happened to Native Hawaiians when you alter theologies of their beliefs and their traditions. 4 EXHIBIT D HENKEL: Thank you, and thank you for your service in Vietnam. MIYASATO: Commissioners, any further questions? Thank you. Could you please state your name and residence and, excuse me, Mr. Dedman, which organization did you represent? DEDMAN: Pele Defense Fund. MIYASATO: Okay, thank you. And, please state the organization. FUJIYOSHI: Aloha Windward Planning Commission Members. My name is Ronald Fujiyoshi. I’m the treasurer of Ohana Ho‛opakele, one of the Claimants listed on this, but unfortunately, I’ve been the treasurer since 2000, the year 2000, and so I’m the one who checks the mailbox, but I did not, I do not believe that we received a copy of the claims adjuster, who commented on this, at all, and I don’t understand why we, that happened. I urge you to release funds from the Geothermal Asset Fund for the geothermal impact mitigation proposal project to be led by Dr. Edelstein. Although I’m speaking as the treasurer of Ohana Ho‛opakele, which I said I’ve been since the year 2000, I am also the pastor of the ‛Ōla‛a First Hawaiian Church in Kurtistown. When I grew up here in Hawai‛i in—you know, all the way through high school, and I went to school with one of your members on the Commission, I did not know that the Kingdom of Hawai‛i was illegally overthrown. And, I think now because of the, President Clinton’s statement, PL 105-1, 105-103 [sic], I think it’s clearly established that the illegality of the overthrow is, is true. I have since concluded that I am of settler background that came from Japan to work and live here. I have recognized that the Native Hawaiians are the host people who live here in Hawai‛i. As a religious person, who lived in Asia for 20 years—I spent 20 years as a missionary in Asia as a community organizer—I have come to respect all religions as equally valid. Here in Hawai‛i, I believe there is a lack of respect for Hawaiian spirituality. This proposed, proposed study will help to show how geothermal is affecting Native Hawaiians in ways previously not known to many of us. With the recent lava flow affecting or threatening the Pāhoa community, there’ve been this talk of a, ways to divert the lava have been raised, and in this conversation, Native Hawaiians who previously not spoken in the public meetings then voiced their religious beliefs, opposing to this diversion of lava as being an affront to their religion. And, so this clued me in that Native Hawaiians keep their spirituality, their religion personal and not necessarily are saying it out loud, but they hold it, and it came out in this process. So, I strongly urge you to do what is right. Release the funds from the geothermal asset fund to fund this project. Thank you very much. MIYASATO: Commissioners, any questions? 5 EXHIBIT D TRAVIS: My name’s Tom Travis. I was a member of the Geothermal Public Health Assessment Working Group organized by Mayor Kenoi. And, over the last year, last two or three years, I have been working on trying to get a health study. Puna Pono Alliance proposed a health study in late 2012. Conduct of that study was approved by the County Council and then was vetoed by Mayor Kenoi. Mayor Kenoi’s, one of the reasons that he vetoed that in his public statements was that the County Council had chosen the wrong fund to fund the study, the Geothermal Relocation Fund, rather than using the Geothermal Asset Fund. Mayor Kenoi went on to say that he would organize a group under Peter Adler, the Geothermal Public Health Assessment Group and that, that group would look at what health study was needed. I worked on that as a member of that working group for a--a couple of years. I’m also the vice-president of Puna Pono Alliance, by the way. I worked on that. We started in late 2012 with the first meeting in January of 2013. As a result of about two years of effort, we recommended a series of studies. The County picked up the recommendation on those studies that included a Geothermal Health Study which you previously authorized about two or three months ago. Environmental Impact Study looking at what impact HGP-A alpha had on the environment, a water impact study, as well as other, several other expenditures of the Geothermal Asset Fund. Throughout this process, including the authorization of those other studies, a claims adjuster was, had to use, and I don’t think anybody here would disagree that Rule 12 is probably an inappropriate tool, describes an inappropriate process for deciding whether we should do a study or not. A claims adjuster has no particular qualifications to decide what studies are important. But, using that process, the County of Hawai‛i was able to authorize these studies on health, environmental impact, and water. Using similar logic, this study should also be considered by the Planning Commission and the legalistic objections posed by the claims adjuster, which really don’t hold water if you look at whether they were applied equally to the health, environmental impact, and water studies. I don’t think there should be two standards for use of the Geothermal Asset Fund, one by the County administration and then another standard by the community. The community Asset Fund, in fact, is part of the community, and the community should have access to that without this legalistic process going on. Thank you. MIYASATO: Commissioners, any questions? HEAUKULANI: I had a couple of questions for Mr. Travis. Sir, I do recall that you were on the study group. I wanted to ask you a couple of questions about that if I can? TRAVIS: Yes, sir. HEAUKULANI: Is it true, I saw somewhere today, is it true that there was not a single Hawaiian in the study group? 6 EXHIBIT D TRAVIS: That is a true statement, sir. Dr. Adler had asked that two Hawaiians be included in it, but neither one was able to participate. So, we went about our business without a single Native Hawaiian in the group. As a consequence of that, and I was going to cover that in my later testimony rather than in presentation, but I’ll just answer. As a consequence to that, we did what a study group of settlers would do, and that’s what we looked it from the point of view of, of what epidemiological problems are there, what problems were there with, with psychological impact based on the, the—the current medical standards. And, we did not discuss any of the problems that Native Hawaiians might have. As the study was drawing to a close after we had worked for nearly two years, we became aware of that problem, and there was a large discussion inside the working group about whether we would continue the Adler group beyond the two years to address the problem that we had been a party to, which was to ignore that, or whether we would just state that as a problem with the, with the assessment we had done and moved on. Most of the people were very tired at this point of going to meetings, and, and--and sitting through testimony. And, as a consequence, a decision was made not to continue the health assessment group to address the Native Hawaiian issue. However, in the report, and in the cover letter, it was presented this, this as documented. In the geothermal public health assessment report, we tried to make it clear that this was a deficiency. I felt particularly bad because the, we had not addressed the Native Hawaiian issue, and as a consequence, once the Adler group terminated, I set to work in, with others in trying to come up with ways that to set this right and what you’re seeing before you is a culmination of that effort. HEAUKULANI: You actually anticipated where I was going to go with my next question. The, and one of the study group members, Mr. Petricci, is in the, in the audience today. In his personal statement, he actually said what you just said. That you didn’t talk about the effects of geothermal on Kanaka Maoli until the very end, and that the particular study that we now have is not, that they’re not represented at all except for a sentence here or there. Is that, is that how you feel about this? TRAVIS: That’s, that’s perfectly accurate, yes sir. HEAUKULANI: There’s also some reference to some concerns by indigenous people who actually faulted the group because of that. Did you get some, some flashback from, from Kanakas on this one? TRAVIS: Yes sir, including several in this room, and several other notable Hawaiians have criticized the Adler group because of our, because it was not a balanced group it represented, it had represented, as of the Native Hawaiian population. HEAUKULANI: I can imagine. In the report, it talks about Native Hawaiians suffering from unique psychological behavior or emotional health problems as a result of geothermal energy development. You know, I’m guessing that’s what’s motivating you to be here today but just based on what, on the limited information you were able to gather as a member of the working group, is that your position? That the Native Hawaiians are suffering from a unique set of psychological behavior and emotional health problems? 7 EXHIBIT D TRAVIS: Yes sir. I—it’s difficult for me as a, as a recent immigrant to Hawai‛i—it’s difficult for me to understand the depth of that, and that’s why I think it’s important to look at it. My own opinion is, is if one looks at Hawaiian history, taking away the Hawaiian culture has had a very serious effect on Hawaiian health. HEAUKULANI: Well, just to add my point. No one ever took that away from us. It’s alive and well, but I appreciate your concern. TRAVIS: Yes sir. HEAUKULANI: And I appreciate your being here sir. Thank you. MIYASATO: Commissioners, any further questions? No? Thank you. ALBERTINI: My name is Jim Albertini. I live in Kurtistown, P.O. Box 489, been a resident there for over 35 years, and I’ve been deeply involved in the geothermal issues since the beginning stages of the HGP-A, and I worked very closely with Palikapu Dedman and others in the Pele Defense Fund. Our farm, Malu ‛Aina was the hub of the Big Island Rainforest Action Group, and I brought a collector item here today. It’s a Time Magazine, Earth Day of 1990, with Hawai‛i picture of Puna on the cover, Geothermal Moratorium Now. This was about the arrests, one of the largest civil, civil disobedience actions in the history of Hawai‛i. I think on a single day up there in the rainforest we had 2,000 people in non-violent protest, and about 160 people taken into police custody. And—25 years. And, the film that was very powerful was called “Pele’s Appeal” about Pele and from the Native Hawaiian perspective that mobilized a lot of people here. And, yet, here we are today, 25 years later, talking about the need for a psychological social study to be done on the effects to Native Hawaiians of drilling into what we all know as in Hawaiian culture, the deity, Pele, the Goddess Pele. So, I really urge you to support this study. It’s long overdue. I think the Planning Commission could ask the Mayor to seek co-funding from OHA since they’re getting what, 30 percent, and the State— FUJIYOSHI: Twenty percent? ALBERTINI: Oh, 20 percent, and the State’s getting 50 percent. So the County shouldn’t have to bear the entire cost of it all. Those who are getting royalties from geothermal should share the burden. But, I think it’s long overdue, and as a—it’s the right thing to do, to begin to really look at the impacts and to respect the host culture, the native people of this place we call home. So, I appreciate your aloha on this. MIYASATO: Any questions, Commissioners? If not, thank you. You may all have a seat. Okay, we’ll go into our public testimony. Some of you have already come up, but if you have something in addition, you will have three minutes. Could I have Cory Harden? Mr. Albertini, if you have anything further, you have three minutes. If not—also, Mr. Travis. If not, Laura Tranie [sic]— 8 EXHIBIT D TRAVIS L. (from audience): Travis. MIYASATO: --oh, Travis, sorry, Joy Cash. Mr. Dedman, if you have anything further, you have three minutes. If not, Robert Petricci. I’ll get to you. Yeah, we’ll do these four first. [Secretary’s note: Chairman Miyasato was addressing Tom Luebben in the audience who stated he was on the list to testify.] Okay, could you please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Hawai‛i County Planning Commission? HARDEN/TRAVIS/CASH: I do. PETRICCI: Yes. MIYASATO: You may go first. You may go first. Please state your name and address, and you’ll have three minutes. HARDEN: So, Cory Harden with Sierra Club-Moku Loa Group, and we support the study on psycho-social impacts on Native Hawaiians from geothermal development and also the Hawaiian Health Study Review Board. I think this is especially important cause as we just talked about, there were no Native Hawaiians in the Adler Geothermal Healthy Study Group. It’s also especially important cause of recent events—people being injured by a geothermal release while trapped in their homes during Tropical Storm Iselle. They were being gassed, and they couldn’t get out. This was closely followed by an election in Puna very shortly after the storm which drew legal challenges, and there were many in Puna now questioning if their concerns are being duly represented by the folks who got elected there. And, what’s now going is there’s drilling being planned at PGV 24-7 despite the prohibition on night drilling by the County while a lava flow is threatening the area. So, there’s quite a few stressors added to just the general background. Today’s Native Hawaiians are descendants of the first people who managed to find these Islands, made their home here, and took care of the land for centuries with great respect and wisdom. In modern times with our modern approaches that’s brought us a lot of benefits, but we’re also faced with climate change, oceans clogged with plastic, superfund sites, and a lot of other consequences of our attitude toward the land. So, we should find out how the modern approach to the land, as far as geothermal projects, how that is affecting Native Hawaiians who have a heritage, a very different approach to the land. I mean, it’s the right thing to do, and may also be the legally necessary thing to do. Thank you. MIYASATO: Commissioners, any questions? Thank you. TRAVIS: My name is, my name is Laura Travis, and I live in Puna, and lived there for 4-1/2 years. I was a member of the Mayor of Hawai‛i’s Geothermal Public Health Assessment Working Group, and the working group, the other members and I tried to decide how best to 9 EXHIBIT D determine if there were health effects from geothermal development. We reviewed many studies and examined decades of geothermal development records. Because of this effort, we recommended a study to examine the health effects, particularly in lower Puna. You recently approved the funding for that study. Many of us on the study group were disappointed in only one aspect of our effort. And that was the studies we recommended did not examine the impact on Native Hawaiians because of, yeah, because of his concern about the issue, my husband worked with others to set this right. They found that Dr. Edelstein had expertise examining such issues and that he had experience in Hawai‛i. My husband and those that worked with him asked Dr. Edelstein to outline a proposal that could be presented to the Windward Planning Commission. I strongly support you, the Commissioners, funding this effort. Too often in working groups in County and State government, we ignore the challenges faced by Native Hawaiians or we deal with them as an afterthought. I ask today that you reverse this, and approve this study. I think the study can serve as a pivot for examining Native Hawaiian issues as they relate to future planning and development on this Island. Thank you for listening. MIYASATO: Commissioners, any questions? Thank you. CASH: My name is Joy Cash. Do you need my address? Is that the deal— MIYASATO: Yes, your residence, please. CASH: Oh, it’s 272 Noelani Loop, Hilo, Hawai‛i, yeah. I’m one of those people that came to the geothermal issue by way of my friend, Norrie Roberts, Robbins, who holds a Ph.D. in geology. And when I asked her about—she’s familiar, she’s travelled all over the world and has 35 years field experience with geology—and when I asked her about the geothermal, she said I’ll get back to you. And she, she’s very familiar with Africa and Polynesia, including Hawai‛i. She says oh, she said you have a very permeable geology there, and geothermal is a big no-no-no. And, so I started to get involved, and I thought, the more I learned, and my background myself is in Chinese medicine, so my concern always is with the health and wellbeing of all our—what does that mean? I have two minutes more? PATEL: Yes. CASH: Oh good. With the health and wellbeing of all our citizens here. And, if, I really would encourage all of you to include all of our citizens in our considerations and to not do so is really marginalizing our Hawaiian hosts, and so, this is why I came today, and my training in Chinese medicine tells me that to live under the stress of in seis—induced seismology from the drilling of the geothermal, and the chemical impacts to the community, and also, the stress of knowing there were, deep held, long held before any of us came here, religious beliefs. We must, I believe in st the 21 century, we’ve come to a more inclusive community, and that’s, I love being here, because it’s a, you know, it’s just not one people, it’s all the peoples come here to live together. So, I encourage you to spend the money or find some extra money somewhere else to include 10 EXHIBIT D here for this. We can’t marginalize Hawaiians, no more, no more. That’s, that’s in the past. th That’s in the 18 century thinking in my mind. So, thank you for listening. MIYASATO: Commissioners, any questions? Thank you. PETRICCI: Aloha planner, commissioners. My name is Robert Petricci. I live at 13-430 Pohoiki Road in Puna. I was also a member of the Adler Health Study Group for the Mayor and so, we didn’t have any Hawaiians on the, on the commission and that bothered me, particularly after some of the Hawaiians came to the group at one of our hearings and asked us about that. And, that’s when we started to discuss it in detail, and I was disappointed that we weren’t able to rectify that at that point. The County claims adjuster, I think, seems to be saying that there’s no evidence of harm to the Native Hawaiian culture or psychology therefore, the County shouldn’t fund the study. And, I would think that Puna Pono—particularly after the Hawaiians were excluded from the Health Study Group—that we found that pretty disturbing actually. Disappointing really. We think that there, you know, if you alter the beliefs and theology of a people, that they’re probably are going be, or most certainly going to be some type of psychological and health impacts to that, and it’s, it’s a—we should look at it. If we’re gonna look at all of the other issues, you know, I don’t think that we should push aside the, the health concerns of the Native Hawaiian practitioners or cultural beliefs so easily as the claims adjuster appears to have done in this particular case. We have studies for birds, bees, fish, reefs, but no study for Native Hawaiian impacts from altering their belief system and their culture. I don’t think after all of the years and all the things that have happened that it’s asking too much for that. In fact, you know I think it would be discriminatory to not fund this study. Thank you. MIYASATO: Commissioners, any questions? HEAUKULANI: Yeah, I had a question. I don’t want to mispronounce your name cause that happens to me often. Petricci? PETRICCI: Petricci [Secretary’s note: “ci” pronounced “chi.”]. Petricci is okay. HEAUKULANI: Petricci, yeah all right, that’s okay. I noticed from your personal statement from the study group that you mentioned that you had written up a recommendation that was for the most part ignored? PETRICCI: Yeah, it was voted down. I couldn’t, I could only get one or—I think Tom and Laura were probably, maybe one other person, supported that, but I was outvoted on the recommendation, yeah. HEAUKULANI: What was your recommendation? PETRICCI: That we do, we do, do the study for the cultura— 11 EXHIBIT D HEAUKULANI: --so, you undertake a study similar to what’s proposed before us? PETRICCI: Yes. HEAUKULANI: Thank you. PETRICCI: Thank you. MIYASATO: Any further questions, Commissioners? Thank you. Ronald Fujiyoshi, if you have anything further, you have three minutes. If not, Tom Luebben. TRAVIS: I’m Tom Travis again, live at 14-256 Papaya Farms Road. MIYASATO: Mr. Travis, you’re still under oath, yeah? TRAVIS: Yes sir. I’ve, I’ve had an opportunity to say my say, but I want to clarify one thing that Mr. Petricci said. That group didn’t vote against doing the Edelstein study. The vote, the group voted against doing the work necessary to get the Edelstein study included as part of the recommendation of the group, and that was a decision made by the group, not based on the virtues and merits of the Edelstein study—it rather based on the desire to finish work because we’ve been at it for a long time. Thank you. MIYASATO: Mr. Luebben, could you please raise your right hand? Do you swear or affirm to tell the truth on this matter now before the Hawai‛i County Planning Commission? LUEBBEN: I do. MIYASATO: Please state your name and residence. LUEBBEN: My name is Thomas E. Luebben, and I’m a resident of New Mexico, but a property owner in Puna. MIYASATO: Go ahead, you have three minutes. LUEBBEN: Thank you. I really, aloha to the Planning Commission, and I appreciate the opportunity to make a statement today in support of the proposed study. I’m an attorney in private practice, and I’m appearing on behalf of myself to offer information to the committee in support of the study. I did represent the Pele Defense Fund in the 1980’s and the early 1990’s in geothermal related litigation, including contesting the original geothermal resources permit which is the background for this effort to get this study funded. I participated in the mediation that resulted in what was then Condition 51, and which created the Geothermal Asset Fund, which is now, the condition is now Condition 49. I appealed the 12 EXHIBIT D Geothermal Resource Permit granting to the Intermediate Court of Appeals in Hawai‛i in the case of Medeiros. I am, as I said, representing myself here, just to provide information. A little bit of background here. As a, has been noted, the Pele Defense Fund and the Native Hawaiian community had been trying to get a study of this sort for many decades. I know Dr. Edelstein personally, and I’ve worked with him assessing psycho-social impacts of adverse events on other native and minority communities. Specifically, I worked with him on a study of the impact of the loss of irrigation water supply on an Indian reservation in Arizona—how that adversely affected culture, and how those psycho-social impacts on individuals adversely affected, not just their physical health, but—not just their mental health, but their physical health as well. Dr. Edelstein is extremely well qualified, and his book on stressed communities is used in university curricula around the country. I wanted to briefly address the merits of the proposal. It’s a community approved geothermal impact mitigation project as required by the rule, and it was recommended by the Adler report. I think the Mullen & Co. adverse recommendation should be rejected by the Planning Commission, and the Commission should fund the study. I note that a, an insurance claims adjuster is not the appropriate process for recommending this kind of study. And I see that my time is up, so I have a few more comments, but I’d be pleased to answer any questions you might have. MIYASATO: Commissioners, any questions? I have a question, Mr. Luebben. You know, you’re very familiar with Dr. Adler— LUEBBEN: I’m not familiar with Dr. Adler. I’ve not worked with Dr. Adler. We had a different mediator at the time back when we were doing Condition 51 on the GRP. MIYASATO: Okay, I guess, just my question is this, if you’re familiar with these reports, psycho-study reports, yeah? This two hundred, this amount that’s being requested, 293,000, is that about the amount that you would say a report— LUEBBEN: You know, I won’t represent that I have reviewed the budget. I was not involved in drafting the proposal or in constructing the budget for the proposal, and all I can say is Dr. Edelstein has been doing this work for quite some time. He’s a university professor. He does this sort of work all around the world, and I have to assume that his budget is reasonable. MIYASATO: Thank you. If they want—anyone else out there that would, wishes to testify on this? If not, I’ll take a motion to close the public testimony. IKEDA: So moved. HENKEL: Second. MIYASATO: All in favor? COMMISSIONERS: Aye. 13 EXHIBIT D MIYASATO: Any opposed? I’ll call a close to the public testimony. Commissioners, any discussion? HEAUKULANI: Just briefly, but I’m a trial attorney, too, so I don’t know how that goes exactly. I just wanted to reference the rule that gives us the authority to entertain this request, 12.2, the purpose of this rule is to allow the Windward Planning Commission to authorize payment of money from the Geothermal Asset Fund to claimants whom the Commission finds has been adversely impacted by activities authorized or unauthorized by Geothermal Resource Permit No. 2. I don’t think that there’s any question or that there’s no question in my mind at this point that Kanaka Maoli, Native Hawaiians have been adversely impacted. I also note that almost a year ago, I went on record as arguing against a meta-analysis of health effects, and you know, what I, what I understood it to be was that there were a lot of published studies about the health effects of impacts of lower to moderate exposure of H2S and there were a smaller number of studies of those studies, and that we were authorizing money from the fund to go to is to another study of that study of that study. Mr. Petricci, I apologize if I did it again, he talked about us funding studies of birds and bees, flowers and trees, I’m not sure if that’s what he said, but we have put out some money to study a few things, and this isn’t only a group that has been adversely impacted, but it’s clear to me that they have been unrepresented or at least underrepresented in the studies that we have before us, so I support this without reservation. MIYASATO: Commissioners, any further discussion? If not, I’ll accept a motion. HEAUKULANI: For the purposes that I just discussed including the fact that not only are Kanaka Maoli, Native Hawaiians, directly impacted by geothermal development activities permitted or not permitted by Geothermal Resource Permit No. 2, and based on our authority under Rule 12, I move that the claim for $293,760 be approved and awarded for those purposes and reasons. HENKEL: Second. MIYASATO: Motion by Commission Heaukulani, seconded by Commissioner Henkel. Do I have any discussion on the motion? If not, I have one question, Commissioner Heaukulani. You know, this also includes a study group review board to be established by our Commission. Would, in your motion, would you like to include a proposal by the Planning Department to help put together a board, or how would you like— HEAUKULANI: Thank you very much for reminding me about that, Mr. Chair. The claim does include a request for our Commission to establish a Native Hawaiian Health Study Review Board, and I would amend my initial motion to also include the establishment, and I guess I would need to look to staff on procedures and protocols on how that board would be established, and the types and frequency of communication they would have between the board and this Commission. 14 EXHIBIT D MIYASATO: Maybe you could request a—a plan or a proposal at the next meeting to approve or amend for that group? Would that be possible staff? ARAI: Maybe we—it’s possible, of course, but again, maybe the focus is really, maybe we can bifurcate this. I mean, first and foremost is the claim, and the claim is as the motion specifies is for $293,760. Maybe there can be a second motion, if your counsel concurs, that would probably direct the Department to, to look into establishing the Native Hawai‛i, Native Hawaiian Health Study Review Board, and try to figure out a process which we can then report to you at a later meeting. PATEL: Yeah, I think procedurally that would be the most appropriate way to proceed. MIYASATO: Okay, yeah, on the motion, on the initial motion— HEAUKULANI: Okay, so let me go back to my original motion then, and I would move based on the statements that I’ve made here that the claim for $293,760 be approved and awarded. HENKEL: And my second stands. MIYASATO: Okay, motion by Commissioner Heaukulani, second by Commissioner Henkel. Any further discussion on the motion? If not— ARAI: Mr. Chair, before you ask for the call, can I just take a look quickly at something? One moment. PATEL: Just for clarification, Commissioner Heaukulani, your motion would then include a rejection of the claim adjuster’s recommendation and approval of the study based on—award of the funds. Just for procedural— HEAUKULANI: I am happy to clarify my motion on those grounds. Thank you. HENKEL: And I second. ARAI: Ready for the call— MIYASATO: Okay, call the roll— ARAI: Okay, great. Commissioner Heaukulani? HEAUKULANI: Aye. ARAI: Commissioner Henkel? HENKEL: Aye. ARAI: Commissioner Ikeda? 15 EXHIBIT D IKEDA: Aye. ARAI: And Chair Miyasato? MIYASATO: Aye. ARAI: Mr. Chairman, motion carries with four aye votes. HEAUKULANI: And I guess I’d like to follow up with my bifurcated motion that, and staff you can point me in the right direction here, but I would like to direct the Planning Department to investigate the process of establishing a Native Hawaiian Health Study Review Board that would provide advice in the conduct of the study we just voted on, and keep this Commission informed as to the progress of the study. I would also ask respectfully that member or members of that Native Hawaiian Health Study Review Board be of Native Hawaiian ethnicity, if possible, and I’d like the Department to get back to this Commission and, with an outline of how we go about the establishing, both the review board and the process in which they would advise this Commission. KANUHA: Mr. Chairman? MIYASATO: Yeah, go ahead. KANUHA: Just for clarification, the language of the claim speaks toward the Commission itself establishing the board. HEAUKULANI: You’re right— KANUHA: So, what you’re asking is for us to provide you guidance in coming to that determination. HEAUKULANI: You’re right, I didn’t read that part of the claim, but that’s, that is what I’m asking, is that we would be establishing the Native Hawaiian Health Study Review Board and ask your mana‛o and assistance in, in directing us on how to do that. MIYASATO: Okay, do I have a second for this—on the motion— HENKEL: Second. MIYASATO: Motion by Commissioner Heaukulani, seconded by Commissioner Henkel. Any discussion on the motion? If not, you can call the roll. ARAI: Okay, Commissioner Heaukulani? HEAUKULANI: Aye. 16 EXHIBIT D ARAI: Commissioner Henkel? HENKEL: Aye. ARAI: Commissioner Ikeda? IKEDA: Aye. ARAI: And Mr. Chairman. MIYASATO: Aye. ARAI: Mr. Chairman, motion carries with four aye votes. MIYASATO: Thank you. The discussion ended at 12:29 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission 17 EXHIBIT D