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Home My WebLink AboutCOM 0798.003 2004-2006 P. O. Box 829 Mountain View, Hawaii 96720 (808) 968-0954 8 May 2006 Mr. James Y. Arakaki Council member District 3 County Council, County of Hawai'i Hawai'i County Building 25 Aupuni Street, Suite 209 Hilo, Hawai'i 96720 Re: Aloha Councilman Arakaki: We were indeed fortunate to come into possession of your Bill No. 258 as sent to Councilman Stacy K. Higa, Chairman, Hawai'i County Council, on March 29, 2006. Your "bill" appears to adequately address a matter (Fighting Cocks), which our nearby neighbors and we have been trying to address for over a year since they (over 100) were introduced into our subdivision approximately 120 feet from our homes. In spite of our numerous letters, the "situation" has gone unabated and, in fact, has grown considerably with the raiser/breeder of those "Fighting Cocks," constantly building additional pens and increasing his flock on a near daily basis! We are enclosing a copy of our latest letter dated March 3, 2006, to Mr. William (Billy) Kenoi, Executive Assistant to Mayor Harry Kim (with copies to others as so indicated). To date, we have yet to receive a replay to that letter from Mr. Kenoi even though we are in receipt of replies from Hawai'i Senator Daniel K. Inouye's office as well as U.S. Congressman Ed Case wherein they apparently requested Mr. Kenoi to respond. In closing, we support your Bill No. 258 in its entirety (hopefully with No "Grand fathering" clause and also support you 100%. We also will provide any assistance you may need in getting it passed? Mah nui loa, `1= Z~ Ron and Marilyn Baptista Enclosure Comm. No. v • 3 Ref. To: WAG Ref. Uote i k ~ 11 6 2006 iAl Ronald and Marilyn Baptista P. O. Box 829 Mountain View, Hawai'i 96771 3 March 2006 Mayor's Office County of Hawaii 25 Aupuni Street Hilo, Hawaii 98720 Attn: Mr. William Kenoi Executive Assistant to Mayor Harry Kim Re: Raising and Fighting/Gambling of Fighting Cocks and "Ice Houses" on Properties in Fern Acres Subdivision, Mountain View, Hawaii Dear Mr. Kenoi: It appears that for all of the letters written (over the past year) by concerned citizens of our community, virtually nothing constructive has been done. Letters have been sent to Governor Lingle, Lt. Governor Aiona, Mayor Kim, most of our county council officials, the county Planning and Health Departments, and on and on! In response, all we have gotten in reply is "foot dragging," excuses and in many instances NO RESPONSE whatsoever! I am speaking specifically of the ongoing ever-increasing activity being conducted at 11-3588 and 11-3589 Plumeria Street, (Tax Map Key 1-1-039144 and 1-1-039143), reportedly owned by Fredrico Alvarado, Sr., Fredrico Alvarado, Jr. and Sharon H. Alvarado. First of all, it would appear that our Planning Department in Hilo, doesn't even know where our subdivision is located since their Tax key Map shows Crescent Acres, Keaau, Puna, Hawai'i and Jonathan, of that department, in a telephone conversation, told me that most of the structures in our neighborhood consist of "greenhouses." (See copy of letter dated June 30, 2005.) This was in partial response to my asking why the Planning Department still insists our subdivision is designated as "AG-3"- despite the fact that our County Council and Mayor Kim re- designated it "Rural" last year. It appears to me that our Planning Department is running the entire show and the hell with our elected officials. Instead, Planning Department personnel are apparently making their own rules even though those "rules" appear to be in violation of Hawai'i State Law (all of our lots are two acres, Not three). If Jonathan cares to find out where Fern Acres really is and takes the time to drive our streets, he would perhaps find out that 95 percent of our developed lots have homes built on them and admittedly a few of them are painted "green," perhaps giving some credence to his observation "green houses"! Now I am told by a member of our Hawai'i Police Department's Vice Division, that they cannot address the matter of "Gambling" that goes on during our neighbors' Cock Fighting activities unless the amount wagered is from one thousand dollars ($1,000) to fifteen hundred dollars ($1,500). This was in response to a letter written by another neighbor wherein she stated her son was told that he could participate for as little as one hundred dollars ($100). My question is: When was a minimum dollar amount incorporated into our state gambling laws? Furthermore (I am referring to Mr. Yuen's letter of June 30, 2005), 1 submit that Mr. Yuen has employed a very loose interpretation of just what is designated as "chickens and other poultry" which are raised or kept for food. Fighting Cocks are raised for the sole purpose(s) of fighting them by the raiser (owner) or selling them to another person(s) for that purpose(s), PERIOD! Mr. William Kenoi Mayors Office County of Hawai'i 3 March 2006 Page two According to a "spokesman" for the University of Hawaii at Manoa College of Tropical Agriculture and Human Resources, Cooperative Extension Service, they, who along with the Big Island Game Fowl Breeders Association, presented the 4"' Annual Hilo Poultry Symposium December 11, 2005, (see Hawaii Tribune Herald, December 4, 2005), claims that this activity is the Breeders "Livelihood." If that is so, then we would like to know if these "businesses" are paying the required Hawai'! State Excise Tax? As a business owner myself, I would expect the amount to be quite substantial considering the number of these "gamecock farms" in these islands. On an entirely different matter; some three years ago a member of this community documented and, in some cases, photographed several suspected "ice houses" thriving within our community. Documents and photographs were subsequently turned over to the Hawai'l Police Department, yet (to the best of my knowledge), not a single one of those "ice houses" has been busted and the activity continues unabated! In closing, I would like to point out the following additional FACTS: 1. Gamecocks are still being raised and cockfights are still happening on the two lots 100 feet and 200 feet respectively from ours and they (the owners) are, on a daily basis, expanding the activity. 2. The raucous crowing 16 to 18 hours a day from the "gamecocks" is worse than any few dogs barking for a few minutes (which seems of more consequence to our council members). 3. The stench from these birds' manure as well as that from their several dogs and pigs is overwhelming! This might not seem important except for the fact that the lots in Fern Acres are only 100 feet wide. The gamecock raisers/fighters are rapidly turning this community into one huge open cesspool, which the Health Department Vector says is all "legal." 4. Property values are decreasing as a result of the stench and noise. As an example: Our lanai, which faces the property where the gamecocks are being raised, is now useless except perhaps as an outdoor storage room! 5. The cockfights and gambling continue unabated and are increasing in direct proportion to the number of lots upon which they are raised. 6. A lot about 1,200 to 1,600 feet from our residence has now been cleared and those owners have stated they intend to raise a thousand gamecocks, this in addition to the gamecock raiser/cockfighter living 600 to 800 feet up the road, mauka side of Plumeria. Mr. William Kenoi Mayor's Office County of Hawai'i 3 March 2006 Page three My Questions are: 1. What in the name of good sense is going on here? 2. Are state and county government officials not aware that the bird flu epidemic now progressing in Asia, Africa and Europe might reach our island? Or do they figure our state is somehow immune? 3. Why do those of us who build our homes, landscape our properties, obey the law, pay our taxes, and try to be good aloha citizens, have to put up with those who flagrantly break or circumvent our laws? Quite frankly, the majority of us are fed up with the "Louisiana-style politics" and the "good of boy" attitudes of many of our elected and appointed officials. I personally don't think that we can tolerate the wait-and-see mind-set exhibited by so many of those empowered to look out for our interests. That mind-set has resulted in the "Ice Epklemic," the "Coqui Frog Infestation; the "overfilled Hilo landfill' and the "Gamecocks" (along with the attendant gambling), the lack of proper infrastructure and a myriad of other problems. Many of these issues could have been resolved by the timely enforcement of existing laws or changing laws that fail to address the needs of a majority of the people, but Instead protect the interests of certain individuals. We are well aware that there is no law preventing the raising of these fighting cocks. We thus are left to conclude that the law (or rather the lack thereof) favors them. What must we do to get you, our lawmakers, to instruct the agencies over which you have authority to take into consideration our rights for a change? So far, it appears that the only people with any so-called rights in this matter are the ones who flagrantly violate existing laws. M nui to , Ronald & Maril Baptista Enclosures cc: Governor Linda Lingle Lt. Governor Duke Aiona U.S. Senator Daniel Akaka U.S. Senator Daniel K. Inouye U.S. Representative Ed Case U.S. Representative Neil Abercrombie State Senator Robert Bunda State Senator Lorraine R. Inouye State Senator Russell S. Kokubun State Representative Helene Hale State Representative Cliff Tsugi Mayor Harry Kim County Councilman James Arakaki County Councilman Gary Safarik County Councilman Bob Jacobson