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Home My WebLink AboutCOM 0455.008 2014-2016 - - i SUBMITEED BY: SMILEY MARI BILL 90 / COMM. 455 ' MEETING' rE (--), HAWAII COUNTY PUBI OPEN SPACE AND c' ( NATURAL RESOURr -)N COMMISSION —h + � k�,\ �C DATE: Monday, Ma- `; �� 5 . '" i--- ..-... _— N.. f �1 TIME: 10:0 \ cv. k�.ti<< \ : �� `� =.:} ��,�` J ___'4;,,.:'-'''';':111.,.. - ,i_Al\S" \\,,L,' \.• PLACE: `\ -) N�„�4f,�� j - Room, 74-5044 �4F �- '\N-N ,j: AN _ ,� r -7 40 ?; fir. ` � "77ii y� ` `, F%3 \\C-4- - D 4„, ;tib h'�, ��11 ,: ` , r\ \\ °%) `, \ - ] k= a STf. \\,S\;‘,-J1 ”` `'4 - `3\ . A ITEMS APPRC 1, s•,-- : January 13, 2014; _ \:,,. N ' _r session meeting , Ln WRITTEN � '`.:' C. .nl Communicatiot. (4-001 : Letter dated January 30, 2014 from Janet W. Hara, President, KAHI, ,nc., re: Interested in selling Vacationland Land Trust property to the County of Hawaii for park and open space purposes; Lot C, Kapoho, Puna, Hawaii Tax Map Key: (3) 1-4-02:22 Communication No. 14-002: Letter dated February 3, 2014 to Council ChairJ Yoshimoto and Members of the County Council from Mayor Kenoi, re: Nomination of William E. Meyers to PONC for Council District 3 712 710 141) Communication No. 14-003: Letter dated February 20, 2014 to Council ChairJ • $ Yoshimoto and Members of the County Council from Mayor Kenoi, re: Transmittal of az z the 2013 PONC Annual Report to the Mayor DEPARTMENT OF FINANCE REPORT -- v F; Property Manager Ken Van Bergen will answer any questions from the commissioners : 0Q regarding the Commission's budget or any other financial matters. OFFICE OF THE CORPORATION COUNSEL'S REPORT [ Deputy Corporation Counsel William Brilhante to provide comments and/or information relating to matters of concern to the Commission. Hawai`i County is an Equal Opportunity Employer and Provider � 7 n�?'1 (r ` L ti ? @1 `� l s lfi yy "5+" vx.ii s s t �31 1 i•"1"'4': _. zrhi � � s � 1- u � ]1ti( i ��h �1f 1�� t 3 . Encumbrances in favor of the State of Hawaii: (a) Reservation of all mineral and metallic mines as .contained in Royal Patent 7027 (Land Commission Award 3225-8) , Royal Patent 5420 (Land Cammistion Award 7091: 1) , Grants 1530, 2370, 993., 2648, 2646 and Royal Patent 7621 (Land Commission Award 7715: 14) . (b) !reservation of the Rights of Native Tenants contained in Grants 1530, 2370, 993 , 2648, 2046, and Land Commission Awards 7715: 14 and 9971: 11. (c) Reservation of the fish hand as con- tained in Grant 1330. V/(d) Public right of ways for access, more specifically described in the Findings of Acts, Con- - clusions of Law and Order, dated October 14, 1980, in Barba v. Okuna, Civil No. 4590, Third Circuit Court, State of Hawaii; subsequently' affirmed in Supreme Court Memorandum Opinion No. 8160, dated December 3, 1982; and clarification of the location of easement - . (f) as ordered in said opinion, by survey description and map prepared by the Survey Division, Department of Accounting and General Services, State of Hawaii, filed under C.S.F. 19,736, dated May 31, 1983, both of which are attached hereto as Exhibits UC" and "D", respectively. LExcJ .._ ..- - corrected; including immediate assistance to Native Hawaiians who are "clinging to their land like the a'ali'i in the winds of Ka'u" In actuality, it is a state-wide problem, on the different islands where the defunct sugar cane company lands that were formally leased are being sold out from under the Hawaiians;their rights should be protected. Also, it is damaging to "Hawaiian Relations"to allow the County of Hawaii or any division thereof to misrepresent the United States concerning how we treat native indigenous peoples. Thank you and mahalo for this great opportunity to improve a dire situation for native Hawaiians and help with better Hawaiian Relations. Possible solutions include: 1. Requirements for Title Research must include honoring Mahele Title,Allodial, L.C.Aws. Kuleana Lands and Royal Patent Grants with Native tenant ripjhts 2. Establishing Guidelines and policy for Native Tenant Rights as afforded by Law and State-wide Federal Policy. 3. Seek non-purchase agreements for"open space"with MOA and MOU with Heirs and tenants; returning lands taken underillegal system and assist in damages caused by previous actions of the County and State of Hawaii. Seek Broker Insurance for illegal conveyance of lands. 4. Require all U.S.F.W. Field Agents,NPS, Law Enforcement, and the divisions of the Counties/State of Hawaii to undergo training and proper cultural definitions for"Kanaka"/"Native Tenants" and "Kuleana" including Constitutional and Civil Rights with non-violent methods of consultation,with no use of tasers or excessive force in any type of forced removal. Forced removal of any Kanaka from their land should be immediately banned as a general policy. 5. Establish by the Kanaka their own proper cultural definition of land based cultural terms and identities; through a series of meetings state-wide. 6. Review all land transactions concerning"Government Ahupua'a" and requirements concerning FIRS 171-64.7, HRS 172-11,Article XII Section 7,FIRS 183C-5, FIRS 174-101(c) and the other related obligations under the Admission Act and"Violations of Conditions of Statehood" and the Federal Question concerning protection of Hawaiians and Hawaiian National Lands. 7. Consider interim MOA/MOU for proper ocean resource management through established Rights of Piscary; including recognizing the named: Kilohe'e, Luhe'e, and Malolo Fishing Grounds. 8. Apply understanding of Kuleana rights under Section 19-89.5 for entire County/State in every division as applicable with the understanding Native tenants are allowed 1/4 acre for a house, 1A acre for taro plus extra 1/4 acre for taro land in any Kona area with Kuleana and Appurtenant rights established; described in County of Hawaii's Department of Finance "Kuleana Land Tax Exemption" (This section existed, but was not honored or understood by County P.O.N.C.): "For the purpose of this section, "kuleana land" means those lands granted to native tenants pursuant to L. 1850,p. 202, entitled "an Act confirming Certain Resolutions of the King and the Privy Council, Passed on the 21'Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and Houselots..." (see enclosed copy) Thank you and Mahalo for your kind consideration to these important matters. Yours truly, Co-founder of le Native Tenant Protection Council 8.) Keawe Complex/Kawa is the only place out of the entire highway that has a"TMK". 9.) O.H.A. sent an e-mail out to aspects of the County for an immediate Cease and Desist of the Removal of Native Tenants and Heirs of Tim oteo Keawe. Corporation Council stated they did not have to listen to O.H.A. Compliance Division. 10.) County of Hawaii HPD Captain threatened to use tasers of Kupuna in a forced removal, at a Police Commissioners Meeting in Hilo. The Captain stated when he got his orders he was going to use tasers to remove the Hawaiians from the land and verbally refused to comply with any of the laws and statutes, O.H.A. Cease and Desist, nor would he even comply with Department of Justice explicit directive not to remove Hawaiian Native Tenants with any tasers or excessive force. As a result, the U.S. Coast Guard was contacted concerning"Premeditated Federal Criminal Civil Rights Statutes Violations" and Watcher Stander Petty Officer Dove (Washington, D.C.)who made an incident report, including"Terrorism ofKanaka Maoli &Native Tenants by the County of Hawaii"based on Department of Justice's description of Terrorism in Civil Defense CERT Manual Unit 8. See also Article XII & County of Hawaii Kuleana Land Tax Exemption recognizing rights of Native Tenants and Allodial Title with the acts of the Sovereign and Privy Council (Kingdom of Hawai'i). County recognizes the Native Tenant in the Ahupua'a by document;but"P.O.N.C."has not. 11.) The County of Hawaii further obstructed justice and the rights of Kanaka Maoli by hiding with a grey block the Bureau of Conveyance document showing undivided interest of the Heirs of Keawe, whereas the actual document was easily found on the "Personal Only" computer. 12.) Native Tenant Rights are classified and codified in the U.S. Constitution under "Customs and Usage" and "Treaties and Nations": qualified as an issue of the"Public Trust Doctrine" and existing"Federal Question" with"Political Question Doctrine". Stewardship and restoration by Kanaka Maoli is a constitutionally protected act according to the Supreme Court: (State of Hawaii vs. Hanapi, Alapai) whereas the Native Tenant/Maka'ainana or Homesteader cannot be legally charged with criminal trespassing in the second degree by way of Criminal law and dismissal of charges based on a constitutionally protected right. 13.) Although U.S. Fish and Wildlife documents state the native tenant heir was a "...squatter living by the spring growing taro... "-the last act of Queen Liliuokalani, The Homestead Act of 1892 was passed just 8 days before the overthrow and made available crown lands to Homesteaders and tenants in government Ahupua'a.(Hawaiians are entitled to whatever was on the books at the time of the overthrow according to International Law-which also prohibits the sale of cultural property. 14.) The United States of America signed on to the treaty for Indigenous/Aboriginal Peoples in 2009 and the County of Hawaii is woefully non-compliant.. 15.) Court documents show that there was no directive from Area 1 (HPD). HPD was served with a letter from Department of Justice that stated no officer using color of law was to remove the native Hawaiian tenants or it would be a "Federal Criminal Civil Rights Statutes Violation". The County of Hawaii, in their own document, clearly state in a clause, that they supported their own actions and proceeded this way because they wished to "...avoid the frustration of a legitimate government function" [sic]Because the County illegally bulldozed the tenants'house,rendered four Maka'ainana(Native Tenant) Households Homeless and Houseless. The Ambulance had to be called for three of the tenants and their significant others. One woman, a nurse and fiance of