Aug 1, 2008

Meeting with Mayor Kim and Planning Director Yuen

On July 31, 2008 the meeting was attended by Bridget Rapoza, Virginia Alderson, and Elaine Munro. Richard Ha had to cancel at the last moment but told us he was in agreement with our petition.

Chris Yuen explained that he met with a consultant from HuHonua several weeks ago and stated to him that HuHonua must complete an EIS and a new application for the SMA use. Further, the information about their meeting was forwarded to Councilman Dominic Yagong's office.

Both the mayor and planning director assured us that a public hearing would be the process that the planning commission would follow in evaluating the group's plans to re-open the plant.

2 comments:

Ed Johnston said...

If an EIS has to be done, I assume there is an opportunity for a Contested Case Hearing?- Does anyone know for sure?--Ed Johnston

Anonymous said...

Notes from July 31, 2008 meeting with Mayor Kim & Planning Director Chris Yuen:
Present were Elaine Munroe & Virginia Alderson, along with myself, Bridget Rapoza

Mayor Kim and Chris Yuen, said that Hu Honua, through their consultant simply put in an inquiry stating their intent to use the plant’s existing SMA permit as is, same as prior owner because it did allow begasse in the past. However, Chris Yuen told them that that would not be viewed as acceptable, and they would need to go through a new SMA permit, which would trigger either and environmental assessment or impact study.

They have not applied for anything so there is nothing the County can do at this time.

We explained concerns with Hu Honua’s statements that this was a done deal and they had all the necessary permits in place already. Mayor Kim and Chris Yuen laughed about how many entities have come into town and announced that their plans were done deals – mostly in relation to the eucalyptus acreages, and then ultimately those groups leave town without a word. He suggested that they can claim any thing they want to claim, but queried whether we would bring a law suit against them exaggerating claims?

Chris Yuen explained that there only 3 parties could initiate a change to General Plan / re-zone of a parcel : the owner, the Planning Director or the County Council.
He made it clear that he has only 4 months left in office and he will not initiate the change. Which leaves the owner Continental or the County Council (would require it be initiated, supported by 5 more votes, then approved by County Planning Commission, and finally approved by County Council again).

Mayor Kim and Chris Yuen explained that they knew this would be a problem a long time ago, and Chris claims that it was the reason that he did not want the subdivisions there in the first place, and rejected them which is when Continental appealed his decision to the County Board of Appeals; that Mayor Kim came to testify; that Board of Appeals ruled against him; Mayor explained that he thinks the Board of Appeals took more of a “landowner’s perspective – favored the landowner, developer”.

They presented that County did what it could to protect us from this situation and required Developer to notify lot purchasers that the power plant was there and caused potential risk. When I mentioned that that requirement did not come until later when Continental did the SMA permit, Chris indicated that it was in the Settlement agreement as early a 2002. However, I have not found it anywhere mentioned.

Chris said if any purchaser would have come in to check with him or see the zoning on the General Plan, they would have seen that it was zoned industrial. (However, as Elaine pointed out later, anyone who would have done due diligence by calling HELCO would have been told the same thing Continental was representing and that is that the plant would lose its contract in 2004 and had no new contract).

I explained that Continental had said it was in discussions with Chris Yuen to downzone the plant property. Chris acknowledged this and said yes, Hank / Continental at one time did request verbally to down zone the property to convert it into some form of oceanfront residential. But, at that time there was concern by Chris that there may still be the need for power from that plant. At this point, in support of Chris’s decision at that time, Mayor Kim spoke of the rolling black outs that used to occur.

The County’s focus was on the fact that the lot purchasers were to be notified – that the County had done what it could do by requiring the Developer to put the purchasers on notice. The County cannot control what the Developer or realtor say beyond that.

( As far as I can see, the County however did not do any full public health inquiry or commentary, but someone else needs to look through the subdivision files. Note the SMA file is separate from the subdivision files, but both are involved in this matter).

To me, it seems as though the County really wants to wash its hands of this. The testimony from the Board of Appeals hearings would provide a lot more info. as to whether Chris Yuen or Mayor Kim testified regarding the public health risks of approving residential zones next to heavy industrial zones. When I asked why the Board of Appeals ruled against Chris’ decision to deny subdivision, he did not have an answer other than that the majority voted against him, and that is when Mayor Kim indicated that he felt the Board took the landowner’s perspective.

Chris acknowledged that it is generally recognized that it is NOT a good thing to have residential zones next to industrial zones, without any buffer in between.
Chris also explained that there are 4 former sugar plantation sites (O`okala, Hakalau, Haina, and Pepe`ekeo) that involve this type of issue with the residential so close to the plant.

The General Plan and ZONES for the County started back in the 1960s , and at that time the drafter just looked at the existing location of the sugar mill operation. Wherever the sugar mill’s power plant sat, they zoned it industrial, and where the camps were, they zoned it residential. This was the ARBITRARY method back in the 1960s. But in 2002 – 2003, when Continental’s subdivisions were going on, and again the 2005 Continental subdivision, which involved further single family residential rezoning right next to the existing heavy industrial zone, the County Planning department seems to have approved it with little to no inquiry as to the public health risks.
But the County states that it required the Developer to notify lot purchasers of the power plant, so they had done what they could to avoid this.

Mayor Kim made it clear that he is in favor of some sort of biomass or waste to energy and that no group seems to want it near them. That there are properties zoned for industrial and it is the county’s obligation to protect the rights of those land owners as well. He spoke a bit about his desire both for some productive use of the eucalyptus acres, including use of wood chips, and also for some sort of waste to energy which will be necessary for the continued development of this island.

Follow up:

1. Review Settlement for County requiring developer to notice the Power Plant to any purchaser – text search for “power plant” and “power” do not show any requirement.

2. Get Board of Appeal testimony & ruling – review for discussion of power plant on public health and environmental issues; compare value the county placed on review of public health & environmental impact verses the value county placed on review of shoreline access


Upcoming Meetings

  • HuHonua, 8/13/08
  • Jay Ignacio, Helco 8/14/08
  • Tues 8/5/08 7pm Susan's
  • Mayor Kim Thurs 7/31/2008 1:30 pm
  • Wed 7/16/08 7pm Susan's

About Me

Local environmental activist.