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Home My WebLink About2018-11-07 Public Testimony Transcript - Piilani Partners, LLC (Amend REZ 727 SMA 18-070/Revoke SMA 334)WINDWARD PLANNING COMMISSION COUNTY OF HAWAII PUBLIC TESTIMONY TRANSCRIPT NOVEMBER 7, 2018 Public testimony regarding the applications of PIILANI PARTNERS, LLC (AMEND REZ 727, SMA 18-070, REVOKE SMA 334) was taken beginning at 2:28 p.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donald Ikeda, John Replogle. ABSENT & EXCUSED: Donn Dela Cruz, Thomas Raffipiy. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Maija Jackson (Planner), Christian Kay (Planner), Sarah Hata-Finley (Commission Secretary), and Kim Tanaka (Secretary). And 8 members from the public in attendance. APPLICANT: PIILANI PARTNERS, LLC (AMEND REZ 727) Application for a 5 -year time extension to comply with Condition C (Secure Final Plan Approval) and Condition D (Complete Construction) of Change of Zone Ordinance No. 92 122, which reclassified approximately 2.5712 acres from Resort -Hotel -Safety -7,500 square feet (V -S- 7.5) district to the Limited Industrial- 20,000 square feet (ML -20) zoning district in 1992. The subject property is located at 525 Pi`ilani Street, at the northeastern corner of the Pi`ilani Street- Mililani Street intersection, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-033:011. APPLICANT: PIILANI PARTNERS, LLC (SMA 18-000070) Application for a Special Management Area Use Permit to develop a potable water well and bottling facility with related improvements on a 2.5712 -acre parcel within the Special Management Area. The subject property is located at 525 Pi`ilani Street, at the northeastern corner of the Pi`ilani Street-Mililani Street intersection, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-033:011. APPLICANT: PIILANI PARTNERS, LLC (REVOKE SMA 334) Request to revoke Special Management Area Use Permit No. 334, which was granted in 1992 to allow the construction of a warehouse, fish processing plant, accessory office use, parking and related improvements on a 2.5712 -acre parcel within the Special Management Area. The subject property is located at 525 Pi`ilani Street, at the northeastern corner of the Pi`ilani Street-Mililani Street intersection, Waiakea, South Hilo, Hawaii, TMK: (3) 2-2-033:011. EXHIBIT G [Note: Item Nos. 7, 8, and 9 were consolidated for testimony. These items were continued to the Commission's December 6, 2018 meeting at the request of the Applicant.] CLARKSON: We have no other items on the agenda today, but we do have the opportunity to take testimony from anyone who arrived here today to testify on the matter of Piilani Partners rezone application. Will—there will be no discussion, no action. We will just simply take testimony. So, will Cory Harden and Hanalei Fergerstrom please come forward? We're still going—I've asked Cory if you will come take a seat, and would the audience members allow the courtesy of this person to testify, and quiet. Excuse me? [To the audience members.] So, you may not have known that this item was continued due to a medical emergency. HALL: I told her. CLARKSON: Oh, you did. Okay. So, we're giving you the opportunity to testify but that's all that will happen. HARDEN: That's fine, yeah. CLARKSON: I strongly also urge you to return again next month when we will discuss this in full and take some action. HARDEN: Yeah. CLARKSON: Raise your right hand, please. Do you swear or affirm to tell the truth on this matter before the Planning Commission? HARDEN: Yes. CLARKSON: Please introduce yourself and proceed. HARDEN: Okay. Cory Harden speaking for Sierra Club Moku Loa Group. Thank you for your volunteer service, kind of a long day. We are opposing the Piilani Partners project because of concerns that I raised at your last meeting, and I got four concerns today. One is possible contamination of the aquifer by salt water. At your August 13th meeting, Tom Nance, the hydrologist for Piilani Partners said they'll drill in such a way that the salt water above the aquifer doesn't come in, and he said we won't take it too deep so we don't pull salt water from below. Mr. Nance said the well design is based on a drilling program done by Don Thomas and others at UH Hilo. An article that Don Thomas wrote about that program says it has not yet been possible to obtain samples of the freshwater zone without contamination from the deep saline fluids, and I thought well, if contamination is a problem when you're getting samples, what's going to happen when you drill a well. I'm not a scientist, but that's a question. State Office of Planning says the aquifer is currently used as a drinking water source, fresh, irreplaceable, and highly vulnerable to contamination. There is no written hydrologist report to EXHIBIT G 2 study. There's only been verbal opinions offered by Mr. Nance, who of course is hired by Piilani Partners. So, who is going to ensure that the drilling is done safely? Before you vote, please consider getting written opinions from a hydrologist paid by the State or County and a written opinion from the State Commission on Water Resource Management. Second concern is review by the Water Commission. State Office of Planning recommended three things: a public trust resource evaluation, and information about no impact on existing groundwater uses. I think there actually is a bit of information in Sidney Fuke's last letter. And, also inputting comments should specifically be sought from the State Commission on Water Resource Management. I hope you will check and ensure those things are done before you vote. Let's see, and fees. As Mr. Replogle pointed out at your last meeting, the aquifer would not exist unless there's a lot of public and private resources protecting the forest above, and that includes County resources to enforce grading and grubbing laws. Also, to prevent pollution of the aquifer, sewers have to be built and maintained. A lot of County expense and as you know, cesspools have to be replaced soon under a new law and that will require a lot of public and private money to keep the aquifer non -polluted. Also, State taxpayers paid for the drilling study that Piilani Partners relied on for information about the aquifer, but Piilani Partners said they can't possibly be expected to be pay anything for the water, and they question the County's authority to require any fees. Sidney Fuke did mention the Geothermal Asset Fund, and if this project goes forward, which we hope it doesn't, but the Asset Fund might be a model to look at. Fourth concern is impacts to the ocean. Two hundred thousand gallons of fresh water a day would suddenly stop flowing into the ocean if they take that water out, and what's going to happen out at the ocean? Is it just out of sight, out of mind? Has anyone asked a marine scientist? And, lastly, I got Don Thomas's report attached to my testimony so you can take a look on his comments. So, thank you, and you all look tired. Please go home. AGUINALDO: Thank you. CLARKSON: Thank you. The discussion ended at 2:35 p.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT G 3