HomeMy WebLinkAboutCOM 0620.027 2022-2024 P/GounG4
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CAW.620
From: David Hunt
Sent: Sunday, December 03, 2023 12:27 PM
To: • Council Testimony; Kimball, Heather; Lee Loy, Sue; Evans, Cynthia F.W.; Inaba, Holeka;
Kanealii-Kleinfelder, Matt;Villegas, Rebecca; Kagiwada,Jennifer; Galimba, Michelle M.;
Kierkiewicz, Ashley
Subject: Res 372-23
RES 372-23 Testimony
1: 3 C7
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12/3/23rrl
Council Testimony<counciltestimony@hawaiicounty.gov>,
Heather Kimball <heather.kimball@hawaiicounty.gov>, c
Sue Lee Loy<sue.leeloy@hawaiicounty.gov>,
"Cynthia F.W. Evans" <cindy.evans@hawaiicounty.gov>,
Holeka Inaba <holeka.inaba@hawaiicounty.gov>,
Matt Kanealii-Kleinfelder<matt.kanealii-kleinfelder@hawaiicounty.gov>,
Rebecca Villegas<rebecca.villegas@hawaiicounty.gov>,
Jenn Kagiwada <Jennifer.kagiwada@hawaiicounty.gov>,
"Michelle M. Galimba" <michelle.galimba@hawaiicounty.gov>,
"Ashley L. Kierkiewicz" <ashley.kierkiewicz@hawaiicounty.gov>
Aloha Councilmembers,
Please do not fund Mayor Roth's severely misguided request embodied in Res 372-23 (which I've been told
has been moved from public discussion to executive session).
You may wish to check with counsel, but I believe you have an ethical and legal responsibility to explain this
action and vote on Res 372-23 in public.
Earthjustice sent out a 60 day notice of violation prior to going to court.
Mayor Roth had an opportunity to negotiate, with the EPA and litigants' counsel, on a settlement, but chose
to do nothing.
As a result of his choice, it now goes to federal court in Honolulu which has already ruled against Maui in an
identical, legal precedent that pertains DIRECTLY to this case.
This is NOT a legal fight the County can win. Period. Roth, is an attorney. He should know better./� Hisis ill-
conceivedll current plan of action is, frankly, blatantly egregious. Comm. No. (�10. [T
1 Ref. To: Pt Cov11�C�D23 •
Ref. Dote k,C 1
Roth's plan frivolously wastes OUR tax dollars.They are not his to waste.
If you pass it, this Res, this funding would only be an initial, incremental step on a dead-end path which WILL
cost many millions of dollars and is guaranteed to end in massive, costly failure.
Mayor Roth is demonstrating by his choices and actions that he has learned NOTHING from Maui County's
identical course of action -which cost Maui taxpayers and residents MILLIONS of dollars and a decade of
wasted time-during which the pollution continued to destroy waters, reefs, fish habitat, public health, and
lost recreational opportunity.
Mayor Roth's current actions are disrespectful to our aina, our wai, our reefs and fish, and our
PEOPLE. People he is supposed to represent and serve/not fight against in court.
Is this simply a very shortsighted, costly, and consequential stalling tactic-a can kicked down the road for
others to deal with when Roth is no longer in office? I can see no other explanation for his actions.
Every day of trying to protect the failed status quo is another violation of federal law.
Mayor Roth swore an oath of office to uphold our Hawaii Constitution which includes the Public Trust Doctrine
that places an affirmative DUTY to protect our coastal waters. He is VIOLATING that oath.
The county should be utilizing county staff to negotiate -with the EPA and counsel for plaintiffs (Earthjustice) -
an appropriate path forward towards resolution, restoration, and compliance.
Hawaii County has been KNOWINGLY polluting our coastal waters since the Kealakehe plant was built and
began dumping into a hole in the ground just upslope from Honokohau Harbor.The receiving waters are
within the marine boundary of Kaloko-Honokohau NHP and should have the highest protection. AGAIN, the
courts have already decided that this is illegal.
Kealakehe is one of several county wastewater plants that are in violation.
EPA Region 9 Administrator Martha Guzman has already laid out islandwide non-compliance while offering
federal funds to HELP.
Mayor Roth needs a clear message from the County Council that he needs to step up, change course, and
show leadership.
It is unfortunate that Mayor Roth needs to be held to account and needs to be re-directed.
Please do YOUR important part now, to redirect our Mayor onto a path that is responsible, ethical, respectful,
environmentally and culturally appropriate, and which insists that he fulfills his oath of office.
For all of the reasons I have listed, I ask that you Do NOT Res 372-23.
Sincerely,
David Hunt, Honoka'a, HI
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davidjameshunt@gmail.com
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Aloha, Peace, Love, Music&Gratitude
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