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HomeMy WebLinkAboutCOM 0173.004 2002-2004FROM THE DESK OF STEVE CURRY 76-126 KAMEHAMALU ST. KAILUA-KONA, 1-1196740 808-331-8012 sandraleeinkona aol.com Date: March 31. 2003 ` @ECENED " To: Public Works Department/Hawaii County Council Committee flme— B -t_/ D 3. Subject: Barricading Upper Lako St. Stub-outsCoundl A/r - Ladies & Gentlemen; As a resident and citizen of Kona Vista Subdivision, I have one thing to say and I would like to direct my comment in Mr. Kashiwa's direction. In order for Mr. Kashiwa to sign off on the barricades for the Lako Street stub -outs, I read that Mr. Kashiwa wants the County to "hold harmless " Gamrex and the KVA Board of Directors. Mr. Kashiwa says that he does not want the liability for any occurrences on either the County or Gamrex properties in question, should the barricade be erected. At this point, Mr. Kashiwa is more liable and at a higher risk than anyone can possibly imagine. Being a good citizen and neighbor, which is more than I can say for Gamrex and the KVA Board of Directors, I take the time to routinely patrol the hill and ask those parked there to kindly be on their way. I can't seem to get them all, but I do a fair job. Under the current situation, it is only a matter of time before a belligerent, drugged out fool pulls a gun or knife on me and butchers me to ribbons. Should this happen, I have instructed my attorney via my will, to have my estate sue each and every entity involved, including Gamrex, KVA Board of Directors, the persons of Mr. Kondo, Mr. Kashiwa, Mr. Triantos, Mr. Loutish and Mr. Watenabi. I will have my estate sue each entity for everything they have or ever thought of having. I will he instructing all of my friends and neighbors to do the very same thing. Knowing full well that as a resident of Kona Vistas, I have not a single right as a homeowner under the current CC&R's and that all decisions are made on my behalf by Gamrex and the KVA Board of Directors. On this issue of life & death, Gamrex & the KVA Board of Directors have gone way over the line by their failure to execute their fiduciary duties as prescribed by law. For Godsakes, man! Do the right thing for the first time in your life. Listen to someone who is in the trenches and quit listening to your EGO and those money -crunching fools in your penthouse in Honolulu or Toyko! Don't be an idiot! LET'S GET THIS THING DONE!! I WOULD LIKE TO GET AT LEAST ONE GOOD NIGHT'S SLEEP BEFORE I DIE!! Comm, No. lei t- File No. 91 r" -1 hag &_ T�: APR 2003 R 1 ef. Dato_APR FROM THE DESK OF STEVE CURRY 76-126 KAMEHAMALU ST. KAILUA-KONA, HI 96740 808-331-8012 sandraleeinkona aol.com Date: March 31, 2003 To: Public Works Department/Hawaii County Council Committee Subject: Barricading Upper Lako St. Stub -outs Ladies & Gentlemen; As a resident and citizen of Kona Vista Subdivision, I have been deeply concerned for some time with the issue of barricading upper Lako St. stub -outs. The "premature & speculative" creation and construction of these stub -outs several years ago by the county and by Gamrex, Inc., has provided a fair haven for our island drug trade, drug abuse, alcohol abuse, teen parties, illegal open dumping, loud voices, auto boom -box pollution, car racing, squealing tires, public urination and a host of other "unsafe & unsanitary" behaviors brought on by many unwelcome visitors to this site. On any given day or evening, there is an average of 12 to 30 such unwelcome visitors to this site. On a weekly basis, this means anywhere from 60 to over 200 unwelcome visitors to our neighborhood. By personal experience, it is estimated that only 20% of these visitors come to this site for the panoramic view, while 80% are merely interested in conducting their trade and/or their mischief. The issue before us today, is just a single issue in a long line of several closely related issues having to do with safeguarding our neighborhood. The following facts & opinions are meant to clarify this current issue. * Neither Gamrex (the owner of the property), Hawaii County Police Department, Public Works or the Kona Vista Homewowners Association Board of Directors have been able to make a dent in halting the onslaught of these unwelcome visitors. In the case of Gamrex and the KVA Board of Directors, it is more the issue of their unwillingness to honestly & fairly execute their fiduciary duties to provide for the protection, safety and welfare of their constituents and clients. Based on information I have gleaned from an earlier Council meeting, the Project Manager for Gamrex was said to have mentioned to the Council that there is no problem at the top of Lako St. and that residents were merely overreacting to this issue. * In my opinion, it is clear from recent discussions & published information that Gamrex does not intend to move forward with the completion of Lako Street for another two years. Gamrex claims the hold-up is the responsibility of the County, but I would urge the Public Works Department and the Council Committee to take all words and actions made on behalf of Gamrex with a great deal of trepidation and to closely scrutinize these words and actions. Having dealt with the principals and legal counsel of Gamrex for over two years, I have learned not to trust much of what they say. Their principal objectives are to complete and capitalize upon their investment & development with as little public input, liability or costs as possible. * It should be noted that the KVA Board of Directors presently consists of five members; three of which are principals and legal counsel for Gamrex (Greg Kashiwa—Project Manager, Mr. Kondo --- President of Gamrex, Robert Triantos --- Attorney for Gamrex). Of the five members, the fourth is Rodney Watenabi. Even prior to his appointment, he was, in part, responsible for drafting the recent "Reaffirmation of the Articles of Declaration." This "reaffirmation" was an effort originating from Gamrex and their legal counsel to denounce, defame, discredit, vilify and humiliate homeowner/plaintiffs, who had led an earlier and unsuccessful legal suit against Gamrex and the KVA Board of Directors. * It should also be noted, that of the KVA Board of Directors, only one member is a resident homeowner of Kona Vistas and this is Mr. Robert Lomish. Mr. Lomish has gone out of his way to service Gamrex's corporate line. According to the KVA CC&R's, drafted and constructed by Gamrex's legal counsel some ten + years ago, KVA Board of Directors must be resident homeowners ---OR AS APPOINTED BY THE DEVELOPER. (Mr. Kashiwa lives in Honolulu, Mr. Kondo lives in Japan and does not speak English after 10 years of doing business in America, Mr. Triantos and Mr. Watenabi live elsewhere in Kailua-Kona). * Contrary to Gamrex's legal opinion of the CC&R's and the recent "Reaffirmation of the Articles of Declaration," it is my opinion that these documents were not constructed within the parameters of the State of Hawaii's Constitution. These and many other efforts afforded them by the flawed construction of the "Articles of Declaration" within the CC&R's by Gamrex and Gamrex's efforts to complete and capitalize upon their development with as little public input or comment as possible are clearly violations Article 1, Sections #2, #5 and #8. Article 1, Section #2 reads; "All persons are free by nature and are equal in their inherent and inalienable rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness, and the acquiring and possessing of property. These rights cannot endure unless the people recognize their corresponding obligations and responsibilities." Article 1, Section #5 reads; "No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person's civil rights..." Article 1, Section #8 reads; "No citizen shall be disfranchised, or deprived of any of the rights or privileges secured to other citizens, unless by the law of the land." * As per Gamrex's persistent and hard-line control over the KVA by maintaining 4 to 1 voting privileges over homeowners and a majority rule of the KVA Board of Directors, homeowners currently hold no rights whatsoever. In a more reliable democratic system, as described under our Constitutional Amendments, homeowners would have the rights to constructive mediation, arbitration and the ability to review ALL matters pertaining to their property. The rights to review and comment on legal billings & payments, Board meeting decisions, Architectural Review Board decisions and a host of other rights and obligations are currently being denied by the KVA Board of Directors and by Gamrex's contracted management agency, Property Management Hawaii. I would also urge the Public Works Department/Council Committee members to review Article 1, Sections #21 and #22, whereby; Article 1, Section #21 reads; "The power of the State to act in the general welfare shall never be impaired by the making of any irrevocable grant of special privileges or immunities." Article 1, Section #21 reads; "The enumeration of rights and privileges shall not be construed to impair or deny others retained by the people." The Council Committee members should also review Article IX, Section #1, which reads; "The State shall provide for the protection and promotion of the public health." Article IX, Section #8, and Article X1, Section #9 will also be of great interest, whereby; Article IX, Section #8 reads; "The State shall have the power to promote and maintain a healthful environment, including the prevention of any excessive demands upon the environment and the State's resources." Article XI, Section #9 reads, "Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law." * As for the obvious and grievous conflicts of interest present in our KVA Board of Directors, I would refer the Council Committee members to Article IX, Section #10 (The Law of the Splintered Paddle), which reads; "The State shall have the power to provide for the safety of the people from crimes against persons and property." * Asa final note, I would like to read a quote from a report by journalist ]an Lind ofa Honolulu paper. This report was in regard to a purposed `wedding service" being offered in a residential area of Honolulu. The quote reads; "They don't even live here and they come in and try to tell us what to do!" This comment was made by a resident of this Honolulu subdivision; Gregg Kashiwa, Project Manager for Gamrex's Kona Vista Subdivision development. It is my opinion that Mr. Kashiwa's hypocrisy apparently has no bounds and that any input taken from Mr. Kashiwa or other Gamrex principles concerning the current issue of barricading upper Lako Street stub -outs be taken by the Council with a great deal of guarded skepticism. His only loyalty is to Gamrex and not to his clients and the resident homeowners of Kona Vistas. m 1• . Sandra L. Tyler 76-126 Kamehamalu St. Kailua-Kona, HI 96740-9836 808-331-8012 sandraleeinkona@aol.com Date: March 31, 2003 To: Public Works Department/Hawaii County Council Committee Subject: Barricading Upper Lako St. Stub -outs Ladies & Gentlemen; As a resident and citizen of Kona Vista Subdivision, I have asked Mr. Steve Curry to read the following letter to the Council as I am at work in Kona on April 1. ■ The stub -out areas on Lako St. need to be barricaded as there are numerous, and I do mean numerous parked cars in the hidden recesses of this area that afford the occupants privacy to conduct drug trade, drug abuse, alcohol abuse, teen parties, illegal open dumping, loud voices, auto boom -box pollution, ,car racing, squealing tires, public urination and a host of other "unsafe & unsanitary" behaviors. ■ The Project Manager for Gamrex was said to have mentioned to the Council that there is no problem at the top of Lako St. and that residents were merely overreacting to this issue. This is not accurate. ■ Barricading will safeguard our neighborhood. Gamrex is against this, as cars would have to "park" along side the barricades. The area is posted no parking and they should not be there in the first place. Gamrex (the owner of the property) has not been able to make a dent in halting the unwelcome visitors. We need the barricades to encourage them to stop parking in the posted "no parking" area. ■ Gamrex cleaned up this dumping area once but has refused to continue to keep it clean, as this would have to be a daily activity. They got tired of doing it so they just stopped. So instead we Kona Vistas homeowners get to look at it daily. ■ The residents have even had clean-up gatherings but the dumping continues. We need the barricades. ■ The Hawaii County Police Department has not been able to make a dent in halting the unwelcome visitors. There are not enough police to visit this area every day and all night to ask those cars to move. Barricades will put those violators out in public view and they will stop going there to do their business. ■ The Kona Vista Homeowners Association Board of Directors has not been able to make a dent in halting the unwelcome visitors. ■ It is clear from recent discussions & published information that Gamrex does not intend to move very swiftly with the completion of Lako Street. This project is already 3 years behind. If Gamrex says it- will be done in a few months, do not believe that. As a resident of Kona Vistas, I have dealt with Gamrex for over two years and have learned not to trust much of what they say. Meanwhile, Kona Vista homeowners get to look at the unsightly mess at the top of Lako, hear the loud noise, etc. ■ The answer of installing a guardrail is a tactic by Gamrex to omit the barricading. ■ The residents of Kona Vistas want barricading and not guardrails to safeguard their neighborhood.