2007-06-05 TSUPERSTORES - Laserfiche WebLink

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would loved to have heard it from Mr. Torigoe cause he represents this Commission, not Mr. Yuen. Mr. Yuen is an attorney but he doesn’t represent this Commission. And if Mr. Torigoe agrees with Mr.Yuen’s assessment of the jurisdiction of the County that they have on these lands, then I would entertain to all of you then why would this County need an MOA? Why do they need an MOA with the Department of Hawaiian Home to say that their zoning does apply or don’t apply. If you don’t have the right to it then you don’t belong. The Department of Hawaiian Home has no business even to come in here and ask you. They have responsibilities to the beneficiaries, and maybe, as Uncle Sam mentioned there’s about 5 or 7 of us who are beneficiaries of the Act. So they have an obligation to the beneficiaries, not to the County of Hawaii. And the reason I raise that question is just that. When, in this case it was Waiakea Center who built the Wal-Mart in that area. When they got the lease they had an obligation under the HRS because the public was going to use that place. It was not built just for Hawaiians. It was for the public to use. So when they have an obligation that the public was going to use the area or use Hawaiian Home lands then they have an obligation to comply with everything that the County says needs to be put in place, everything. That’s getting permits, that’s going through every zoning requirement. Whatever they needed to do they needed to comply. But what has happened is they failed to or the County closed their eyes and allowed it to happen without having to get a permit for grubbing or whatever they needed, electrical and all of that. They didn’t need to do that. But the beneficiaries have got to come before this. If I wanted to rezone some Hawaiian Home lands I’d have to come before you, I’d have to get a zoning permit, I’d have to get a plan designed, I’ve got to go get a building permit, electrical permit. As a beneficiary I’ve got to go do it. I believe you don’t have the right to tell me that. But you do have a right to tell the Department of Hawaiian Home how they use their lands when they invite the general public onto the land. The Act was set aside to make lands available for us to use. We needed to be 50 percent the blood. I’m not going to dispute the blood. That’s another great contention among us Hawaiians. But that’s what the Act was made to do. Prince Kuhio set that aside, not to be used for Commercial. But when they bring Commercial, I think you have all the rights to argue that; and this is the conflicting reports that we’re getting as Hawaiians. When they say even if we have the ban it doesn’t apply on Hawaiian Home’s. Even if we do have, it doesn’t apply on Hawaiian Home. I can go to the Planning Department right now and put in a request to have my home, to build my home, and they will hit it with a stamp that says “Not Applicable.” That’s all you need to do. Just go there. They’ll stamp it “Not Applicable” because it’s on Hawaiian Home lands. They don’t do that if Mr. Rodillas or somebody up in Kaumana did it. They don’t go in there where it says “Not applicable.” But in this County the message is “Not Applicable.” So that’s what I need for all of you to understand. I think the County has an obligation under HRS 171 to look at these lands. I am opposed to this, excuse me, I’m opposed to the amendment that would allow big box stores. So I’m in favor of the ban here. I would be against the creation of a specific area that you’re talking because nothing in here addresses Hawaiian Home. So I think maybe you were right, Commissioner Siracusa, about saying that we should go to Hawaiian Home to argue that. But we can’t, we can’t go to Hawaiian Home when they come to you. They came to you. It’s Hawaiian Home who’s going to continue to come to you because they have an MOA with you, with this County. So I do say I’m against the ban here; and I’m against anything that would create a new zoning on Hawaiian Home lands because you don’t have that authority to do that; EXHIBIT D 20