2019-04-04 Hearing Transcript - Hilo Farmers Market Revoke SMA 07-026

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building concept and now only requires SMA Minor Permits and doesn't require approval by this body. The Director is recommending that we approve the revocation of the subject [SMA] Use Permit. The reason we're bringing it back to you folks is that SMA Use Permits are the only types of permits now that require revocation approval by the Planning Commission. After we changed our PC rules recently, all of the other permits that you have authority over can be revoked by the Director. That is my presentation. If there are any questions, I'd be happy to answer them. CLARKSON: Any questions from any Commissioner for staff? No? Is the Applicant—will the Applicant or their representative please come forward? If not, this is a pretty straightforward item. We have one person signed up to testify on this. Would Mr. Dwight Vicente please come forward? Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Commission? VICENTE: No right hands for me. CLARKSON: Please let the record show that Mr. Vicente's testimony is unsworn. Please proceed. VICENTE: Good morning. My name is Dwight Vicente. I'm representing the Hawaiian Kingdom. The Planning Commission, the State Land Use Commission, HUD, you look at the history going back to 1898 or even before, back to 1875. The U.S. did not have a valid treaty because King Kalakaua nor did the U.S. President sign the 1875 Reciprocity Treaty. In 1898, the U.S. citizens that were illegally here called themselves the Republic of Hawaii and ceded to illegally ceded to the United States 1,750,000 acres of Crown and Government lands that was to become the Territory of Hawaii. That was to become Hawaiian Homes in 1920, and in 1959 that became Hawaiian Homes Compact/State of Hawaii. So limits of the County, the State, the Federal is limited to the 1,750,000 acres. I believe this parcel here in Hilo is not a part of that illegally ceded Crown and government lands. And, the County's jurisdiction, just as with the State, is limited to the Hawaiian Homes Commission only. Same with the State Land Use Commission. So, this going beyond your limited jurisdiction—and even that jurisdiction is questionable because of the constitutional questions dating back to 1820, the 1875 Reciprocity Treaty, the illegal ceding of the Crown and Government lands in 1898, and the creation of the Territory of Hawaii, the Hawaiian Homes Commission Act, the creation of the Compact, Hawaiian Homes Compact/State of Hawaii. So, the County of Hawaii is not, has no jurisdiction outside of Hawaiian Homes Commission Act. So, there's a separate constitutional question. The other lands, the over two million acres still belong to the Hawaiian Kingdom. It was never ceded over and should not be usurp no power should be usurp over those lands. There's no amendment to the U.S. Constitution. There's no EXHIBIT A 2