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HomeMy WebLinkAbout2025-01-15 Megan Isaac From: Megan Isaac To: WPCtestimonv; LPCtestimonv Subject: SMART CITY AGENDA Date: Wednesday,January 15,2025 12:02:59 PM Attachments: AFFIDAVIT) Mitch Roth.pdf Aloha Planning Commissioners. My name is Megan Isaac I live in Hilo and run a business in Hilo. I am not a professional researcher but myself and several others wanted to look into a matter where I had heard many people saying that they didn't feel that Mayor was being truthful in his briefing of the public at a meeting in Volcano. What we have found is a trove of documents that seem significant to the General Plan. The results of the findings are attached in the form of an affadavit that was cosigned by 8 other residents of the island. This affidavit of fact was delivered to Mayor Mitch Roth and to Frecia Cevallos and no response has come to refute any of the facts. I was prevented from speaking by Chairwoman Barbara De Franco. It was my intention to enter into the record the facts surrounding our partnership with Fortaleza Smart City in Brazil and to bring attention to the concealment of these agreements and partnerships and to bring attention to the matter of Planning Department officials April Surpanant continuing to deny that a Smart City Agenda exists where many are able to see the premise of urban development and infrastructure that would facilitate 'Smart City.' Most importantly, because of the decision of the previous Mayor to conceal these agreements from the public and no subsequent disclosures about them in the public, we are left to conclude that there is something covert going on and a lack of transparency about the degree to which Hawaii County is being connected to Smart City planning and construction. It is noted that the information about Fortaleza being a Smart City is freely accessible on the web. Also the Agenda of Brazil to promote Smart Cities and the fact of a international company Planet Smart City having constructed two Smart Cities on the outskirts of Forteleza are easily searched on the internet and verified. When there is no transparency and disclosure it breaks public trust and it's also likely that violations are occuring since it is not in the public interest that there are secrets and non disclosures at the same time a Planning Document is being presented to the public as representing the public 'good'. Yours sincerely Megan Isaac Hilo Resident STATE OF HAWAII COUNTY OF HAWAII AFFIDAVIT OF THE FOLLOWING AFFIANTS Title AfFiant Name Signature Date Signed We, the undersigned, declare under oath the following Affidavit of Facts Relating to Public Consultation, ICLEI Involvement, and General Plan 2045: Introduction We submit this affidavit to present facts and evidence concerning the conduct of Mayor Mitch Roth and Deputy Frecia Cevallos, focusing on their roles in the County of Hawaii's partnerships with external entities—such as Fortaleza, Brazil, through the ICLEI Cities Forward program—and their involvement in the development of the General Plan 2045. Central to the claims are concerns over deception, lack of transparency, and potential breaches of the public trust. Under Article I, Section 1 of the Hawaii State Constitution, "all political power of this State is inherent in the people." The Public Trust Doctrine further mandates that gov- ernment decisions must be made transparently and in alignment with the public's inter- ests. Every public official has an obligation to uphold these principles. Mayor Mitch Roth, in assuming office, took an oath to "support and defend the Con- stitution of the United States and the Constitution of the State of Hawaii." This oath binds him to exercise his authority with transparency, accountability, and fidelity to pub- lic interest. The evidence presented herein raises significant questions about whether Roth upheld these duties. Specifically, public statements made on August 24, 2023, about the importance of community involvement in the General Plan may have misrep- resented the true extent of external influence already shaping the plan (See Section D). While Frecia Cevallos, as Deputy Director of the Department of Research and Devel- opment, may not have taken a formal oath of office, this does not exempt her from ac- countability under the law. If she knowingly concealed material facts—such as agree- ments or commitments related to ICLEI's SMART Cities initiative—this constitutes a se- rious violation of public trust. Public officials are bound by their duty to act lawfully, transparently, and in good faith. The potential concealment of such agreements prior to or during the August 24 meeting demands scrutiny, as any deliberate deception un- dermines the integrity of government operations. This affidavit will demonstrate that: • Official denials regarding SMART Cities during the August 24 meeting were in- consistent with subsequent revelations (See Section B). • Public consultation on the General Plan was portrayed as open and community- driven, while external agreements influencing the plan remained undisclosed (See Section D). • The County's participation in ICLEI's programs aligns with SMART City objec- tives, raising questions about undisclosed commitments (See Section F). These actions suggest a pattern of intentional obfuscation that compromised the transparency of the General Plan 2045 process and eroded public trust. The cumulative impact of these breaches calls into question the legitimacy of the plan itself. Both May- or Roth and Frecia Cevallos must be held to account—Roth for his constitutional oath and Cevallos for her duty to uphold the law and act in the public's best interest. Given the gravity of these concerns, this affidavit seeks the release of all records related to the County's partnerships and agreements and calls for an independent investiga- tion into the decision-making processes behind the General Plan 2045. These actions are essential to restore public trust and ensure accountability. Factual Background A. Public Meeting of August 24, 2023 At a public meeting on August 24, 2023, residents asked Mayor Mitch Roth and Ms. Frecia Cevallos directly about the County's involvement with SMART Cities and re- lated initiatives. Both Mayor Roth and Deputy Head of Research and Development The following dialogue took place during the meeting: Public Participant 1: "Aloha, my question is, what exactly is a 15-minute SMART City?And what, if anything, does that have to do with our Hawaii Island?And what does the planning department have in the... or what...? Bring us up to date on that, please." (sounds of clapping and cheering in the audience) Mayor Mitch Roth: "Actually, I'm not really sure what you're talking about...? 15-minute city he said...? Hang on, Frecia, are you around? Hopefully, she didn't leave. Frecia? Frecia? Okay... Maybe "R&D" knows a little bit about this... 15-minute SMART City, do you know anything about that?" Ms. Frecia Cevallos: "I don't actually, but I can find out. I'm so sorry." Mayor Mitch Roth: "Right so there's a conference in Maui, is what you're saying? In Maui? Okay... you know I know, 'you know, "SMART city." .. there's a whole bunch of stuff that they talk about there, with information and stuff like that. I can tell you, I don't know specifically about what you're talking about. We know what the SMART City is... we'll find out. We'II take a look for that, okay?" Public Participant 2: (another member of the audience handed the mic and commented): "The SMART Cities are where they want us contained within a 15-minute area, and you know all about it. It's all over the news, it's all over social media, it's all over everything. And also, it goes hand in hand with your sustainability plan that you started your speech off with, and it's in lockstep with the World Economic Forum and the World Health Organization. We know all about it. You should know all about it if you're our mayor." Mayor Mitch Roth: "I will take a look and see. I mean, I gotta tell you this—I'm your mayor, but I don't know everything." Mayor Mitch Roth "I have as a notes to myself on one of the things to do is find out what the hell this 15 minute uh thing is smart city is uh and learn about it. So I will learn about it and I'm not sure what is. " Although Mayor Roth and Ms. Frecia Cevallos explicitly denied familiarity with the con- cept of "SMART Cities," a press release issued two days later contradicted these statements. (Refer Appendix page 9 & 10. Exhibit 12: Partial Transcript extracted from Public Meeting 8/24/2023 Video source: NaLeo.ty: /channel: governmental 55 /keyword search: 'volcano') B. Announcement of ICLEI Partnership with Hawaii County: 'Cities Forward' Pro- gram Two days after the town hall meeting in Volcano, on August 26, 2023, the Office of the Mayor released a press statement announcing a partnership with ICLEI (International Council for Local Environmental Initiatives) and a partnership between the County of Hawaii and Fortaleza, Brazil. The information about the partnership with the 'Cities Forward' program was not disclosed at the August 24, 2023 meeting. Refer: Exhibits 2 & 3 Press release about Cities Forward program. C. Mayor Roth's Statements on Community Engagement Presenting to the public on August 24, 2023, Mayor Mitch Roth emphasized the impor- tance of community engagement in the General Plan process and made these remarks: "As we're looking at our general plan where, you know, the community is kind of giving us the direction there, we hope that you come out. We hope that all of you come out to be a part of this. You know, the worst thing is if nobody comes out or very few people come out and dic- tates what that plan is." Mayor Roth also stated: "We do want to hear your voice. You know, we make a difference when we're here participat- ing as a community." Recent discoveries reveal not only a lack of transparency but also potential deception regarding external influences affecting the General Plan. These findings raise serious questions about the integrity of the planning process and whether officials genuinely prioritized community input, or if they were aware of plans and agreements made in secrecy. It appears that a perceived commitment to community involvement may have been used to mask external influences and agreements related to the SMART Cities initiative. (Refer: Appendix pages 6 & 7 Exhibit 11 Transcript From Volcano Town Hall, August 24, 2023 meeting.) D. Research and Development Based on a review of County records, it appears that the Research and Development Department of Hawaii County plays a crucial role in actively submitting grant proposals and program applications, as well as reviewing and drafting contracts for various coun- ty initiatives. This raises further questions about potential concealment of information regarding the partnership with Fortaleza and the SMART Cities initiative. Additionally, it casts doubt on whether Deputy Head of Research and Development Frecia Cevallos and Mayor Roth were truthful when they stated they couldn't define SMART Cities dur- ing the public meeting on August 24, 2023. Refer Exhibit 8 Hawaii County Research and Development Department website. display of function re:"Funding and Grant Resources." Hawaii County R&D. Note: Information is indicative of the department's role in funding and grant ap- plications but may not encompass all responsibilities related to contracts. E. Fortaleza: A City with population of 2.2 Million is paired with Hawaii County, a rural island: Fortaleza, Brazil, is the capital of the Ceara district and the fifth-largest city in Brazil, with a population of over 2.2 million people. Fortaleza has over 120 high rise buildings. By contrast Hawaii Island is predominantly rural and has a population of 200,000. Since it appears difficult to explain another reason that these 'partners' are a match, the ob- jective of concealing the ICLEI sponsored partnership at the public meeting on August 24 appears to be a motivation to conceal a SMART Cities and urban development agenda. (Refer exhibit 3, page 2: image of city of Fortaleza ) F. Reference to Brazil's 'push' for SMART Cities as part of a National Strategy. Brazilian media outlet Brazillian Report reported on August 9, 2019, that the Brazilian government has a stated objective to "push" for the development of Smart Cities. Giv- en this context, it is reasonable to infer that Hawaii County officials involved in the partnership with Fortaleza were likely aware that SMART Cities are a major objective for Fortaleza, aligning with these national objectives. This raises significant concerns re- garding the transparency of their communications about the agreement. (Refer Exhibits 4a & 4b page 2 SMART Cities in Fortaleza and Exhibit 5 page 3 excerpt from The Brazilian Report) G. ICLEI's Association with SMART City Initiatives Prior to 2023 Evidence of ICLEI's promotion of SMART Cities prior to 2023 is found through website pages that were publicly available. This association suggests that the County's partner- ship may involve similar objectives, raising further questions about transparency and intent. (Refer Exhibit 7 page 5 ICLEI 'Intelligent Cities program is referenced ) H. The County of Hawaii Has Entered into a Charter with the City of Fortaleza, Brazil In June 2024, Frecia Cevallos attended another Cities Forward conference in Sao Paulo, Brazil, representing the County of Hawaii. In a video recorded there and posted on the County of Hawaii Department of Research and Development website, Frecia Cevallos states, "We just entered into a Charter with the City of Fortaleza." Given the context of previous engagements and the alignment of objectives, it is troubling that these developments were not transparently communicated to the public. (Refer Ex- hibit 9 page 5 image taken from video posted on County of Hawaii website ) Conclusion and Supporting Concerns Regarding Transparency, Sovereignty, and Governance The cumulative evidence presented in this affidavit points to a consistent lack of trans- parency and potential deception by officials of the County of Hawaii. The agreements and partnerships with international organizations, particularly ICLEI's Cities Forward program and the sister-city relationship with Fortaleza, Brazil, appear to align with in- ternational agendas, such as the promotion of SMART Cities. This alignment was not fully disclosed to the public, despite reassurances from officials about the community- driven nature of the General Plan. Furthermore, recent insights provided by international law expert Francis A. Boyle high- light additional concerns. In a public statement, Boyle warns that the "Pact for the Fu- ture"—set to be adopted by heads of state—constitutes a treaty-level agreement with binding legal obligations under the Vienna Convention on the Law of Treaties. Boyle argues that this pact would bypass formal procedures for amending the UN Charter and consolidate power within the office of the UN Secretary-General, posing a threat to the sovereignty of member states. (reference Exhibit 12 page 8 of appendix) This warning underscores the need for extreme caution in engaging with international initiatives like ICLEI and similar external partnerships, as they may involve commitments to global governance structures that bypass local oversight. It is increasingly clear that partnerships like the one between Hawaii County and Fortaleza may not simply be co- operative exchanges but could potentially embed external policy frameworks within local planning processes without public consent. In light of these developments, it is imperative to seek clarity and accountability re- garding the true scope of these agreements. The concerns raised by Boyle, when viewed alongside the evidence of deception by County officials, suggest that the community has not been adequately informed about the potential impacts of these arrangements. The possibility that SMART Cities-related objectives were deliberately concealed raises serious questions about the legitimacy of the General Plan 2045 and its alignment with the interests of the people of Hawaii County. Given the stakes involved, further actions are essential, including: 1. Formal inquiries into all contracts, agreements, and communications with ICLEI and Fortaleza. 2. Immediate FOIA requests to obtain records related to the Cities Forward program and other relevant partnerships. 3. Consideration of resignations or disciplinary actions if officials are found to have engaged in deliberate deception. This affidavit serves as a formal request for transparency and accountability. If these concerns are not addressed promptly, the integrity of the County's governance will re- main in question, and further public action will be necessary to restore trust. Legal Breaches Violation of Public Trust (Hawaii County Charter, Section 13-10) The Hawaii County Charter mandates that public officers and employees act in a manner that upholds public trust. The failure to disclose significant information re- garding the County's involvement with ICLEI and SMART City projects undermines public trust and violates the principles of transparency. Breach of Hawaii's Sunshine Law (HRS §92-1 et seq.) Hawaii's Sunshine Law requires open access to government processes. The nondis- closure of the ICLEI partnership constitutes a breach of the Sunshine Law's trans- parency requirements. Deceptive Practices in Government Planning (HRS §91-7) Under Hawaii Revised Statutes, deceptive practices during public consultations are prohibited. Denying knowledge of SMART Cities while actively engaging in related international partnerships constitutes a violation of this provision, as it misleads the public about the county's plans. Right of Reply Hawaii County Mayor Mitch Roth and Deputy Head of Hawaii County Research and Development Department Frecia Cevallos are hereby given the opportunity to respond to these claims. If any of the facts presented in this affidavit are incorrect, they are in- vited to provide evidence or information to the contrary within 10 business days from the date of receipt of this affidavit. Failure to respond within this timeframe will result in the assumption that the facts stated herein are correct and will serve as the basis for further action. Demand for Suspension of The General Plan 2045 and full public disclosure: In light of the facts presented, we formally demand that the Office of the Mayor and the Department of Research and Development and The Planning Department an- nounce the suspension of The General Plan as a County Document until comprehen- sive disclosure of all contracts, charters, agreements, financial arrangements, communi- cations, and other documentation connected to ICLEI, the Cities Forward program, and any associated initiatives is provided. This disclosure is necessary to ensure that all government actions have been conducted in good faith, in alignment with public inter- ests, and with full accountability to the community. Transparency in these matters is not only expected but required to uphold public trust and the principles of good gover- nance. Mahalo, We, the undersigned, declare under penalty of perjury that the foregoing is true and correct. Signatures of Affiants: Title Affiant Name Signature Date State of Hawaii County of Hawaii On this day of_, 20, before me, the undersigned notary public, personally appeared known to me to be the persons whose names are subscribed to this affidavit, and acknowledged that they executed the same. Signature of Notary Public Print Name of Notary My Commission Expires: Title Signature Date State of Hawaii County of Hawaii On this day of_, 20, before me, the undersigned notary public, personally appeared known to me to be the persons whose names are subscribed to this affidavit, and acknowledged that they executed the same. Signature of Notary Public Print Name of Notary My Commission Expires: // Signatures of Affiants: Title Affiant Name Signature Date State of Hawaii County of Hawaii On this day of_, 20, before me, the undersigned notary public, personally appeared known to me to be the persons whose names are subscribed to this affidavit, and acknowledged that they executed the same. Signature of Notary Public Print Name of Notary My Commission Expires: Title Signature Date State of Hawaii County of Hawaii On this day of_, 20, before me, the undersigned notary public, personally appeared known to me to be the persons whose names are subscribed to this affidavit, and acknowledged that they executed the same. Signature of Notary Public Print Name of Notary My Commission Expires: // INDEX OFAPPENDIX ----------------------------------- page 1 ________ image Town Hall Meeting -----------------image Press release Cities Forward page 2 _______ Image Fortaleza ---------------2 images of 2 sateltite page 3-------Brazillian media citing major'SMART City agenda page 4--------image of pdf of Smart City village promotion page 5 ________ 2022 ICLEI website mentions smart cities initiatives ----------------screenshot of Ri_r D ssuggesting grant and contracts function page 6________ Cities Forward 'fact sheet' showing timeline for project page 7 -----------------image of Mexico city Cities Forward event 2023 ----------------image of San Paolo Brazil Cities Forward event 2024 page 8----------Substack entry of Francis Boyle page 9&10----Transcript from Volcano Village Town Hall 2023 UPDATENEWS Hawaii County To Participate In Cities Exhibit 1. Forward Program Mayor Mitch Roth at Town Hall in Volcano where he denied - O®O© knowing about SMART cities. Exhibit 2. Volcano Community Center on Press Release for'Cities Forward' August 24, 2023. program ICLEI Partnership 8/26/23 Naleo.ty governmental 55 search volcano' INN •; ;• •1 .4- 1 Appendix to Affidavit Exhibits attached to affidavit document page 2 Exhibit 3 Fortaleza Brazil is a large coastal city with population of 2.2 million. " r.. . , It is Brazil's 5th largest city and considered important ` . to the Brazillian economy By contrast The County of Hawaii is a rural island # - y (not a city) with a population of 200, 000.. Exhibit 4a & 4b 2 SMART Cities in proximity to Fortaleza Brazil: +F r .F •J LA ❑� t , Smart City Aquiraz-Praia Bela Exhibit 4a O51P"°g°"a'de°a'°pma°` SMART City Aquiraz Fortaleza, ..�om,�w.�,. o,..ma,t•aa.. o� sm�k.�..•=o.,>.dmom..,a.=e.t....m, •smart city Aquiraz is located in near proximity°f downtown Fortaleza,close to Beach Park,the largest water park in Latin America •with more[han 80k inhabitants,Aquiraz is oneoftheareaswiththehighest GDP inthe scare •Brazil's second largez tounst center and also the city mort chosen by Ceara residents as their second home. .. PLANET Real E—ii,DevNopment Digital Pro i— Pdvizory urvkez 5uzumablity 8 tn—ii, Portfolio our Company Carrers c-1- Exhibit 4b SMART City Laguna near to Fortaleza Smart City Laguna � T The world's first affordable smart city J� from 150 to 30 zqm Q from 50 to 80 sqm Q Irving room,kitchen,2 or 3 bedm,ms,1 or 2 bathrooms ❑ ■�� • Located in Sao Gor4alo do Amarante,gravitating near the city of Fortaleza,the capital city of the Brazilian state of Ceara • Its location is ideal for local workers looking for high-quality,affordable housing close to the port of Pecem,an industrial ea providing thousands of jobs to the region • Laguna's proximity to the BR-222 highway also offers easy access to one of Brazil's fastest-growing regions. Appendix to Affidavit Exhibits attached to affidavit document page 3 Exhibit 5: Brazillian media 'Brazilian Report' 8/9/19 referencing national Brazillian agenda to 'push' SMART Cities THE BY fiaNew R�wre ■ ■ ' ■ BRAZILIAN REP RT 5yaziianpli9rs.g5omi antlsoia,,as. B Brazilians,in En I h. ■ ■ ABOUTUS + ARTICLES - NEWSLETTERS - POOCAST Aug 99,2o191517 6min reaa IUptlatetl.Oct 15.20 29 ..1 II♦ Brazil's push fear smart cities The Brazilian government launched the National Strategy for U) Sustainable Smart Cities, which will create indicators and goals to faster innovation in Brazil's major urban centers. The National Secretary of Telernnzrnunications and Digital Policies,Vitor Mer czcs-, CIO E said a smart city is,defined by "the use of innovative infrastructure to I U) promote the well-being of local communities through four pillars: social,crivironnlcntal, cultural, and economic."' N CIO rn During the plan"s presentation, government officials laid out their 0 oo first priorities,: the installation of security cameras with facial 0 rn recognition software, crap monitoring technology, systems to reuse No rainwater, and urban mobility projects. "Brazil has an infrastructure U plr� b1cmr So we can't talk about sirnart cities before having the basics Q) d I I ne," s aid the secret ary. 0 a a) Smart cities in Brazil CU Italian-British company Plarict has announced bold plans to build ten N CIO smart cities in Brazil by 2022 (it is more accurate to call them `smart N ncighborho-ods', however). The pilot pro'ect (Laguna Smart pity) was a built in Sao Gonzalo do Amarante, in the northeastern state of Ceara. The project cast USD 5,0 million can a land spanning 330 hectares. So far, 50 hectares have been built, with the first farnilies moving Ln in January Appendix to Affidavit Exhibits attached to affidavit document page 4 Exhibit 6 PDF dated May 26, 2020 announcement of Planet Smart City construction of SMART City in proximity to Fortaleza .�:00 _- PLANET .ee smart city Places that matter Planet Smart City expands further in Brazil with new Smart City launch Smart City Aquiraz,Planet's fourth development in the country,will be home to 113,000 residents 26th May 2020-Planet Smart City,the global leader in smart affordable housing,has expanded its presence in Brazil with the launch of its fourth smart project in the country: Smart City Aquiraz. The 200-hectare site,which is located just 29km from Ceara's capital Fortaleza and 6km from the popular tourist beach of Praia Bela,will be home to more than 18,000 residents and easily accessible by public transport. Through its unique proptech approach, Planet applies its expertise in smart solutions integration, digital technologies, services and social innovation to enhance quality of life. Embracing digital transformation,the company places its residents at the heart of its activities. Its smart, sustainable and socially inclusive communities are supported by the unrivalled services of the Planet App, Planet Smart City's proprietary digital platform which enables residents to engage with each other and the neighbourhood around them. Following the successful launch of Smart City Laguna, also in Ceara, Smart City Natal, in Rio Grande do Norte, and Viva!Smart in Sao Paulo, Planet Smart City will invest a total of U$ 40 million to design and develop the new city. Smart City Aquiraz will incorporate Planet's expertise in bringing together superior infrastructure, urban planning, sustainability, digital services and social innovation programmes to deliver affordable high quality,low cost homes which is transforming the way affordable housing is delivered worldwide. Smart City Aquiraz will feature a host of social and digital solutions including a free library, cinema, outdoor fitness areas, cycle lanes, urban gardens, a football pitch, shared kitchen facilities for residents as well as technological features such as free Wi-Fi across communal areas. The impressive offering is underpinned by the unrivalled services of the Planet App, Planet Smart City's proprietary digital platform which enables residents to engage with each other and the neighbourhood around them. Construction of infrastructure in the first phase of the development has already been delivered. The city features two-bedroom houses, which will start to be built as soon as lockdown in the state of Ceara is lifted. First residents are expected to move in by the end of 2020. Located on the CE-040 highway, with daily public transport available, Smart City Aquiraz provides affordable homes for those who work in the capital as well as Fortaleza's buzzing tourism industry.Close by is the state's second-largest hotel park and many beautiful beaches as well as Beach Park—the largest water park in South America. Susanna Marchionni,CEO of Planet Smart City in Brazil said:"We are excited to further extend our presence in Brazil with the addition of Smart City Aquiraz. Brazil is one of the top five r countries with the largest housing deficits worldwide,and through our projects we are able to tackle this issue.Aquiraz's smart affordable homes,valuable services and convenient location near Fortaleza's tourist hotspots will create a buzzing community for years to come." Giovanni Savio,Global CEO of Planet Smart City added:'We are delighted to launch Smart City ' • �j Aquiraz and have seen great demand from potential new residents.As with all our cities it is 16 designed to be inclusive, connected and vibrant, supported by a range of services that �■ �� v encourage shared economics and a new way of community living! Exhibits attached to affidavit document page 5 c `1 Dur Work Members Resources News&Media Events About r < Back ICC ' Intelligent Cities Challenge O Duration:2020-2022 ' As a unique smart city initiative from the European Commission.the Intelligent Cities Challenge(ICC)has entered its second phase with a focus on the green and digital transition-It will provide its participants with technical support and knowledge-sharing opportunities to develop and implement Local Green Deals in 5 sectors,especially in energy,mobility,and construction The goal is to accelerate the step from strategy to action and address the implementation gap of EU and global sustainability goals.namely the European Green Deal.Local Green Deals within the ICC focus on agreements hetween the cities and their local economy,with a focus on small-to medium-sized enterprises. Contact: Niklas Mischkowski ICC cities will receive high quality and tailored guidance and expert support,access to advisory and city 0 niklas.mischkowskiou iclei.org peer networks(European and international)and receive training and coaching.ICLEI`s main task is in supporting all participating cities through a Local Green Deal training&coaching programme- Exhibit 7 ICEEI website referencing SMART cities intitiatives between 2020 & 2022 0 ,0 r i�r' r https://icIei-europe.org/projects/?c=search&uid=4Mi1DXBq r`.- = ��.J �L lL COUNTY(), HAWAI'I RESEARCH&DEVELOPMENT Homo RD About R&D Economic Development Data&Information Funding&Grant Resources Immigration Information 6 do L Impact Grants RZD Innovation Grants RBDIH'am i'I Island Visitor Promotions Grant Government Grant Opportunities Foundation Grant Sources ❑1 .,J. ❑ Wra11—1 QSha:c&BUu nark roil Sice:OQ � Amencan Ras—Plan New County of Hawall'! State and Local Fiscal Irtrastructure Investment and Jobs L A� Recovery Funds Grant Programs ' Inflation IRedu[tion A[[(INiAi Announ[ements Food Security and Agricultural Initiative Programs 1 i Grant Training&Nonprofit Resources 5[halarships EarLy ChiLdcare Initiatives Programs. Exhibit 8 County of Hawaii Research & Development website referencing grant and contracts function https://www.rd.hawaiicounty.gov/funding-grant-resources/government-grant-opportunities Exhibits attached to affidavit document page 6 �� CITI ES CITIES FORWARD: ��. ; FORWARD COMMITMENT TO ACTION ��� L On April 27, 2023, the U.S. Department of State officially launched its flagship urban sustainability initiative— Cities Forward—at the Cities Summit of the Americas, fulfilling a U.S. government commitment made at the Ninth Summit of the Americas in June of 2022. The State Department selected a hemisphere-wide consortium led by ICLEI USA, ICLEI Mexico, Central America and the Caribbean, ICLEI South America and their partners Resilient Cities Catalyst, and the Institute of Americas to implement this transformative program which aims to help cities create the sustainable, inclusive, and resilient future they want. OUR MISSION The goal of the Cities Forward initiative is to help participating cities implement solutions that advance investments in urban services that promote sustainability, inclusivity, and resilience in neighborhoods and communities. Cities Forward advances this mission with our Western ■� ',�; ' ❑ Hemisphere neighbors through collaboration that builds stronger and [oil more equitable economic foundations, strengthens sustainability, and promotes a healthy environment for all. Through Cities Forward, local • 6•� ■ leaders will build capacity through shared knowledge to address common challenges. Participating cities in Latin America and the Caribbean will I ' �■If 1.' develop local sustainability action plans, reflecting their citizen's highest 1' •�■"�f. priorities, particularly from underserved communities. Cities Forward will E � ■ �• help build partnerships with local leaders and experts in the United States. In addition, the initiative will facilitate opportunities for cities to seek investments and financing to help implement their plans. Scan the QR code to learn more. ICLE' � C TIESENT INSTITUTE F'F 1` ` F F AMERICAS ,,null if CATALYST Local Governments V for Sustainahility 1 f 9.....■ YI I till — Exhibit 9 showing promotion and value for urban development urban development that has not been disclosed to community. link to this page is currently posted on County R & D website 10/16/24 but link is 'blocked' and not viewable from site Appendix to Affidavit Exhibits attached to affidavit document page 7 photo from Hawaii County R& D webiste Exhibit 10 Frecia Cevallos representing Hawaii County at ICLEI 'Forward Cities' event Mexico City 9/26/23 10 . Lr ■ video posted on Hawaii County R&D website titled 'Cities Forward Cooperation Charter Fortaleza Brazil and Hawaii County, Hawaii Exhibit 11 Frecia Cevallos at 'Cities Forward ' Conference in Sao Paolo Brazil next to her mentor/partner Luciana Lobo, ''Secretary of Planning and Environment' of Fortaleza, Brazil.The Charter agreement between The County of Hawaii and Fortaleza Brazil was announced. Page 8 Exhibit 12 Substack of Francis Boyle referencing violation of United Nations Charter Demarche against UN Pact for the Future 4� L Dear Excellencies: Please accept my Compliments.This Pact for the Future will be concluded by Heads of State and Heads of Government who presumptively have Extraordinary and Plenipotentiary Powers to unilaterally bind their respective States under International Law.As such this Pact will constitute a Treaty as defined by the Vienna Convention on the Law of Treaties with all the legal obligations that attach to and flow from a Treaty under both International Law and the domestic Constitutional Laws of the respective States. This Pact will constitute an end-run around the established procedures for amending the United Nations Charter that are set forth therein.This Pact will set up the United Nations Secretary General as the Dictator of the entire Uniting Nations Organization upon his mere ipse dixit that there exists an "emergency" as defined by him. To the contrary there are six Independent Organs of the United Nations: The Security Council; the General Assembly; The Trusteeship Council; The Economic and Social Council; The International Court of Justice; and the Secretariat.That is precisely why he is called Secretary General, a mere Secretary, and not Director General. These 6 U.N. Organs were deliberately set up at the San Francisco Conference to be independent of each other,with no one Organ having supervisory jurisdiction over any other Organ. But under this Pact,the UN Secretary General will in violation of the terms of the United Nations Charter arrogate to himself all the powers of the General Assembly,the Trusteeship Council,the Economic and Social Council, and the Secretariat, as well as over all U.N. Specialized Agencies and U.N.Affiliated Organizations. He will thus become the Dictator General of the United Nations Organization,not its Secretary in charge of only the Secretariat as originally designed at the San Francisco Conference.This totalitarian arrangement will constitute a grave,dire, and immediate threat to the Sovereignty and Independence of all United Nations Member States.For these reasons,I implore you to vigorously oppose this Pact for the Future. Please accept the assurance of my highest consideration. Francis A. Boyle Professor of International Law. Pg 9 Exhibit 13: Partial transcript extracted from public meeting August 24, 2023. Volcano Village Town Hall with Mayor Mitch Roth and multiple Heads of Department in County of Hawaii ) Video source: NaLeo.ty: channel: governmental 55 keyword (search: 'volcano' @ 25:04 Mayor Roth states As we're looking at our general plan where, you know, the community is kind of giving us the direction there, we hope that you come out. We hope that all of you come out to be a part of this. You know, the worst thing is if nobody comes out or very few people come out and dictates what that plan is. @ 55:42 mins members of the public discuss the term 'SMART CITY' Public Participant 1: "Aloha, my question is, what exactly is a 15-minute SMART City?And what, if anything, does that have to do with our Hawaii Island? And what does the planning department have in the... or what...? Bring us up to date on that, please." (sounds of clapping and cheering in the audience) Mayor Mitch Roth: "Actually, I'm not really sure what you're talking about... 15-minute city, he said... Hang on, Frecia, are you around? Hopefully, she didn't leave. Frecia? Frecia? Okay... Maybe "R&D" knows a little bit about this... 15- minute SMART City, do you know anything about that?" Ms. Frecia Cevallos: "I don't actually, but I can find out. I'm so sorry." Mayor Mitch Roth: "There's a conference in Maui, is what you're saying? In Maui? Okay... I know, 'you know, "SMART city." .. there's a whole bunch of stuff that they talk about there, with information and stuff like that. I can tell you, I don't know specifically about what you're talking about. We know what the SMART City is... we'll find out. We'II take a look for that, okay?" Public Participant 2: (another member of the audience was handed the mic and interjected): "The SMART Cities are where they want us contained within a 15-minute area, and you know all about it. It's all over the news, it's all over social media, it's all over everything. And also, it goes hand in hand with your sustainability plan that you started your speech off with, and it's in lockstep with the World Economic Forum and the World Health Organization. We know all about it. You should know all about it if you're our mayor." Mayor Mitch Roth: "I will take a look and see. I mean, I gotta tell you this—I'm your mayor, but I don't know everything." Although Mayor Roth and Ms. Frecia Cevallos explicitly denied familiarity with the concept of"SMART Cities," a press release issued two days later contradicted these statements. @ 55:42 mins 3rd member of public asks about potential for urban redevelopment: Hi, thank you guys so much for coming up. I have a question, or really, I think,just a concern that's probably shared by a lot of the community, and it pertains to Big Island, but I'll start with where we just saw it happen. On Maui, there are policies that were in place that could have incentivized some Pg 10 of the behavior that we saw from, like, big real estate conglomerates that wanted to swoop in and purchase a bunch of the land and all of that. We're really concerned that similar provisions might be brought into an urban development plan that's being implemented out here.We want to make sure that the urban development plan is truly community-led and not being forced on the community. And there's a lot of goals that I don't think the community is in enough agreement that we can just put down the gas on this thing and make it go forward. And that's what drew me here today, and I just wanted to raise that. Zendo Kern, Planning Director : Sure, to speak to that, part of what we have is within the general plan is we have the future land use maps, or currently the land use pattern allocation guide maps. And that basically shows the areas where the urban growth would occur, where ag would be, where your rural would be. That pretty much sets where the growth should occur. That's just the beginning. So anybody that would be coming in to actually try to get a change of zone has to go through a very challenging process, requires a lot of studies, et cetera.Then that goes through the planning department for us to look at and reference that against the general plan, the community development plans, and then the area plan before we can give a recommendation whether we support it or don't support it. From there, it moves to a planning commission, and that's a public hearing process. And from there, it goes to the county council for a minimum of three hearings, and those are all public hearing processes as well. So in order to do that, it's at least a year, if not longer. There's a lot of public awareness and a lot of public engagement within that, and that's a time for the community to come out, speak to things, share concerns, and then adjustments are generally made to that. So the fear of somebody coming in and having it green-lit tomorrow to be able to do urban unless it's already zoned isn't going to happen. If the land's currently zoned and they have their entitlements that they can work with up here, I'm not aware of any large scale. @128 minutes 4th member of the public expresses concern about SMART Cities: That Governor Green recently gave a speech to the United Nations where he was talking about his plans for the 15 minute cities in the smart islands and how Hawaii is a perfect test case for such things. Now, apparently you haven't heard of this.Uh So my request to you is find out what the governor meant and what his plans for this island may be to implement that. And then my request is don't do it. Mayor Mitch Ross replies: I have as a notes to myself one of the things to do is find out what the hell this 15 minute uh thing is smart city is uh and learn about it. So I will learn about it and I'm not sure what is. I did not listen to his speech to the United Nations. Uh You know, I apologize but didn't do it.Uh I missed that one. Thank you.