21-04-28 EMC minutes - Laserfiche WebLink

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Why do we need an expensive monumental project?The Trojan Horse in is full of outside consultants. Another question is how much money have they already grabbed from the county’s counting house? And who opened the gate?” My next item, he said, that’s the abandoned vehicles. In regards to derelict vehicles, the He has an idea that his family lived next door to him. This is the property that is in violation of health and safety regulations. Derelict vehicles are packed in like sardines. These vehicles are parked on the side of the road pavement. And now they’re in the street and they are across the street. It’s a living hell. Your Mayor’s (Deputy Managing Director) in Kona is unable to correct this public health and safety hazard. I have a Mayor’s complaint. His communication with me is an act of psychological warfare. This is another violation of the Code of Ethics. If Keone Fox had any regard for Naalehu, he would use his skills to help the neighborhood he claims heritage to. This neighborhood is planned to be in proximity to sewer plant, which is connected to Keone Fox’ trail. This is connected. Everything is connected to everything. This sewer plant is under the authority of the EPA. I talked with them this morning. The EPA deadline according to this gentleman is 2023. However your deadline is 2027. Look at the business report. Nobody will straighten this out, not even the EPA. The cars and the sewer are creating mistrust in government. Mahalo. Sandra Demoruelle welcomed thenew commissioners and thanked them for their service. This is really splendid that you do have a full Commission now. What I would like to shed light on this morning is how the County’s wastewater consultants have a lack of knowledge of the Endangered Species Act and how this will place both the Naalehu sewer project and the Kona Sewage Pump Station projects in violation of Section 9 of the ESA, which can lead to potential expenses and civil and criminal penalties. While the Departmenthas shownagreatrespectfor Hawai‘i’s cultural laws, which they call Section 106 and so forth, there is a definite lack of understanding of the nature Section 9, Take of Endangered Species, and why neither the County nor the State Department of Health are eligible for Section 7 consultation. I have provided information for you on the differences between Section 7 and Section 10. I am particularly concerned because at the bottom of Page 6 of the Director’s Report, it says Section 7 by DOH for the sewer project. But Section 7 is only available for interagency consultation among federal agencies, like the EPA did for the project. And as you can read for yourself, in the EPA Basics, the two-page pamphlet I provided from the U.S. Fish and Wildlife Service, the County and State agencies Department of Environmental Management and Department of Health, have to do a Section 10 habitat conservation plan for Hawaiian hoary bats, nn and the assorted waterbirds that are endangered species that are found in Naalehu and in Kona. Finally, I would just say that the Department has no agencies named for these Section 7 consults. So unless they follow Section 10 procedures they will not be able to avoid civil and criminal penalties, which does in fact award fees to the people who sue. So it puts a lot of reason for sewing in the hands of Sierra Club and so forth. So again I want to say thank you for your service and I hope you will help the Department understand the difference and that the do need to follow Section 10 of the Endangered Species Act. Thank you for your time and service. 3