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HomeMy WebLinkAboutMIN AWESC 2018/08/21 (2016-2018)Committee on Agriculture, Water and Energy Sustainability 13th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii August 21, 2018 CALL TO The regular meeting of the Committee on Agriculture, Water and Energy ORDER: Sustainability was called to order at 9:06 a.m., in the Council Chambers, Kailua-Kona, by Mr. Herbert M. "Tim" Richards, III, Chair. ROLL CALL: Present: Mr. Herbert M. "Tim" Richards, III, Chair Ms. Eileen O'Hara, Vice Chair (via videoconference from Hilo) Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member Ms. Karen Eoff, Member Mr. Dru Mamo Kanuha, Member Ms. Valerie T. Poindexter, Member Ms. Jennifer Ruggles, Member Absent & Excused: Ms. Susan L. K. Lee Loy, Member STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. (There were none.) CHR. RICHARDS: We will close statements from the public. Communications, Mr. Clerk. Hang on. Go ahead, Councilwoman. MS. RUGGLES: Thank you. I just have a quick announcement, it'll only be about three minutes. CHR. RICHARDS: Sure. MS. RUGGLES: I'd like to announce that I've retained an attorney to consult with Corporation Counsel on the possibility that I may be incurring criminal liability having to do with war crimes. It has recently been brought to my attention that I may be incurring criminal liability for legislating stemming from an e-mail that was sent to all of us in June. This email was from the Hawaiian Kingdom Acting Counsel Regency. He iformed us of several legal actions. AWESC-13 August 21, 2018 Included in it was a memorandum from the United Nations Independent Expert for the Office of the High Commissioner of Human Rights, Dr. Alfred de Zayas. In this letter, Dr. de Zayas states that he has, "come to understand the lawful political status of the Hawaiian Islands is that of a sovereign nation-state in continuity; but a nation-state that is under a strange form of occupation by the United States resulting from the illegal military occupation and a fraudulent annexation." Upon receiving this e-mail, I sought to verify the claims made, and in my pursuit to understand what this meant, it became a question to me if my position as an elected official is if I can be liable for breaking international treaties by creating legislation on United States law rather than the Hawaiian Kingdom, like the laws of occupation outlined. This is the question that I sought legal counsel for and I sought legal counsel to represent me in asking, am I criminally liable for legislating United States law in a country that is now internationally understood to be under occupation? I'm a firm believer in the rule of law and not the politics of power, and I swore to support and defend the constitution of the United States when I took this office, and I want to make sure I'm not breaking those laws. I'd like to be clear that this action on my part should not be construed as a publicity stunt but rather acting upon the advice of counsel, given the awareness that I have gained regarding war crimes. We all took oaths of office swearing to support and defend the U.S. (United States) Constitution and the constitution states that treaties are the supreme law of the land. Until our county attorney can assure me through facts and applicable law that I am not violating my oath of office and not incurring criminal liability, I must refrain from enacting any further legislation. I will also be refraining from chairing any more committee meetings until I get an answer. I urge my fellow colleagues to do the same. I'll be eagerly awaiting Mr. Kamelamela's response. In the meanwhile, to my constituents, you can be assured I'm still available to you, and I will continue to focus on our district. My fellow Council Members can view the press release from the letter to my attorney to Mr. Kamelamela on my website at Jenruggles.com/letter. Thank you, I'll yield. MR. RICHARDS: Thank you, Councilwoman. I'll proceed now with Communication 1028. Mr. Clerk. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Page 2 AWESC-13 August 21, 2018 Comm. 1028: NOMINATION OF GEORGE DONEV TO THE GAME MANAGEMENT ADVISORY COMMISSION From Mayor Harry Kim, dated August 3, 2018, submitting for the Council's review and confirmation the above nomination. Requires Council Confirmation by: September 17, 2018 (Section 13-4(1), Hawaii County Charter) Motion to Approve: Ms. Eoff moved to recommend confirmation of Mr. George Donev to the Game Management Advisory Commission. Seconded by Ms. Poindexter. CHR. RICHARDS: It is my understanding that Mr. Donev is in Hilo Chambers, is that correct? (Note: At this time, Executive Assistant Aide to the Mayor Dennis Kauka, Jr. came forward to address the members of the Committee.) MR. KAUKA: Yes. CHR. RICHARDS: Alright and I understand we do not have Rose there, we haveDennis, are you there? MR. KAUKA: Yes, thanks. CHR. RICHARDS: Okay, please go ahead and introduce. MR. KAUKA: Aloha, Chair Richards, and members of the committee, Dennis Kauka, Jr., Office of the Mayor. On behalf of Mayor Kim, it's our pleasure to introduce George Donev as a nominee to the Game Management Advisory Commission. Mr. Donev is from Council District 9, residing in Kamuela and indicated that he is not a member of any political party. He is a student at the University of Hawai'i at Hilo and a graduate of Hawaii Preparatory Academy. Last year, Mr. Donev served as an astrophysics intern with Canada-France- Hawai'i Telescope. Among his community service, he was previously a volunteer in rainforest restoration efforts with Kohala Watershed Partnership. MR. DONEV: Thank you, Mayor Kim, for the nomination and thank you, Council, for your time. I am George Donev, a Hawai'i Preparatory Academy graduate majoring and first year student at UH (University of Hawaii) Hilo majoring in computer science and math. I'm an active community member in my district, engaging in multiple civic efforts. My family originally comes from Page 3 AWESC-13 August 21, 2018 Bulgaria. I was raised in Los Angeles. I have lived on the island for six years, I call Waimea my home. I am here today because I am passionate about preserving the cultural activities of our community and promoting sound environmental management for the Big Island. Subsistence hunting and fishing are vital, cultural and recreational activities that are a large part of the island's identity. My interest in the Game Management Advisory Commission's work comes from my family history as well as my own experiences in Hawai'i's landscapes. My upbringing emphasized a scientific and systemic thought process towards the interaction of humans with the environment and how we can both benefit from and balance our influence. My grandparents had careers in protecting and managing the environment. One was a minister of agriculture, focusing on efficient and effective animal husbandry and the other one was one of the first ecologists in Eastern Europe. The traditions of environmental management and protection has continued in my family. During my regular trips back to Bulgaria, I got a firsthand look at agricultural and land management in my family's ancestral farms and lands. I also went on hunting expeditions with my relatives in the fields and mountains of the countryside. On the Big Island, I have enjoyed hiking and camping and volunteered doing fieldwork with the Kohala Watershed Partnership for rainforest restoration efforts. I also participated in turtle tagging for research purposes in my time at Hawaii Preparatory Academy, learning about the honu, marine ecosystem and the changes humans have brought to their environment. Being on the commission, I hope to provide some insight and perspective in the planning and decision making for effective environmental stewardship and supporting our island's traditions and culture. I would also like to ensure that the planning and building of the gun range falls in the highest standard of environmental protection and provides the greatest recreational benefit to the community. As a member of the community and passionate about the Game Management Advisory Commission's dedication to protect subsistence hunting and managing the game and environment in which it lives in, I will be able to bring a helpful perspective to the commission, based on a scientific framework and representing the youth that engage with our island's lands, animals and natural resources. Mahalo for your time and consideration. CHR. RICHARDS: Thank you, Mr. Donev. Now, I'll open it up to my fellow Council Members for any questions. I'm seeing none here. In Hilo Chambers, Councilwoman O'Hara, do you have any questions? MS. O'HARA: No, I don't at this time. Page 4 AWESC-13 August 21, 2018 CHR. RICHARDS: Okay, having no questions, I so want to say a few things about Mr. Donev, George. I met him probably six months ago, and don't let his 19 years of age fool you. He actually comes with quite a mature sense of conversation and thoughtful process going forward. A little unusual to have someone this young come before us to go to a commission, but I was intrigued by some of his life experiences. When he mentioned his family back in Bulgaria, they were game managers, we think one of his grandfathers on one side of the area. So, he does have a background of hunting, and very intriguing to watch him interact in the group I was with. For his age, far beyond his age as far as maturity level, and I think he will bring an interesting perspective to the commission. He also has some life experiences, he's flown in a MiG (Miyokan and Gurevich) fighter jet, and he brings, like I said, some interesting background. So, with that, I'm fully endorsing him and wholeheartedly ask my colleagues to support this. So, hearing none, I think in light of our early statement, I'd like a roll call vote on this. MR. HENRICKS: On the motion to approve the nomination of Mr. Donev to the Game Management Advisory Commission. Mr. Chung. MR. CHUNG: Aye. MR. HENRICKS: Ms. David. MS. DAVID: Aye. MR. HENRICKS: Ms. Eof£ MS. EOFF: Aye. MR. HENRICKS: Mr. Kanuha. MR. KANUHA: Aye. MR. HENRICKS: Ms. Lee Loy. MS. LEE LOY: Aye. MR. HENRICKS: Ms. O'Hara. MS.O'HARA: Aye. MR. HENRICKS: Ms. Poindexter. MS. POINDEXTER: Aye. Page 5 AWESC-13 August 21, 2018 MR. HENRICKS: Ms. Ruggles. MS. RUGGLES: Abstain. MR. HENRICKS: Chair Richards. CHR. RICHARDS: Aye. MR. HENRICKS: You do have seven votes in favor, but I would point out that our Council rules don't permit abstention from votes. I understand what was said earlier, but I'm just pointing it out to you as chair. CHR. RICHARDS: Okay, thank you. I'm going to need a little help on this one, Clerk. Ms. Ruggles, would you like to be excused since our Council rules do not allow an abstention? MS. RUGGLES: You mean our rules offer that? MR. HENRICKS: Under certain circumstances, which would either be some kind of a conflict of interest that would have to be material of sorts. MS. RUGGLES: I think that sounds appropriate. CHR. RICHARDS: She cannot abstain, she has to vote. Mr. Kamelamela? MR. CHUNG: Mr. Chairman? CHR. RICHARDS: Yes. MR. CHUNG: I really couldn't hear what Ms. Ruggles was saying earlier, even if she was sitting right next me. Maybe if she could just, in a nutshell, explain what's going on so that we can all kind of figure this thing out. I gleam, from what little I could hear, is that she's not sure if we are violating or if her participation on this board is violative of international law, although we are sworn to uphold the constitution. I could be wrong. If that's the case, if she's going to take that position, maybe Mr. Henricks, you can help me out. Is that what's happening in a nutshell? CHR. RICHARDS: That is my understanding. MR. CHUNG: Maybe Ms. Ruggles can clarify. Again, because I really could not hear. She talks so softly. CHR. RICHARDS: Go ahead, Ms. Ruggles. Page 6 AWESC-13 August 21, 2018 MS. RUGGLES: Chair, I'm awaiting—we all received an e-mail in June from the acting counsel of regency and informed us of three important actions. MR. CHUNG: Right, so, what is your position? MS. RUGGLES: My position is that I will be refraining from participating in legislating until Mr. Kamelamela can assure me that I am not incurring criminal liability under international law and federal law. MR. CHUNG: Okay, well then, that being the case, this is only my opinion, she cannot vote yes or no, andI mean, I would urge you to just ignore that, quite frankly. But, that being the case, if you're going to take the position that you're going to wait for something from Mr. Kamelamela, something formal, you shouldn't even be participating on this body. You cannot even sit here. But, I would urge you not to take that position, but since you've already done it, and you're awaiting some formal or maybe written letter from the Corporation Counsel, I don't even think it's proper for you to sit here. A no vote is still some validation of the legitimacy of this board, whether it's no, yes, abstain, it's still an action, it's still an affirmative vote on your part. Based on the position that you've taken, I think that's only proper. Although I would urge you to reconsider that. MS. RUGGLES: I certainly appreciate your suggestion. Mr. Kamelamela, do you have advice as far as how I should proceed here? (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Committee.) MR. KAMELAMELA: Good morning, Chair, and members of the County Council, Joseph Kamelamela, Corporation Counsel. I've heard what Council Member Ruggles had talked about and then I'm—this is the first time that I'm hearing that she needed a formal opinion. But, a lot of these claims are coming from Hawaiian sovereignty groups. Over the years, they have been filing claims against many county officials and the way that we have been advising all of the county officials is that they're not a recognized sovereign entity right now. So, whatever they might state as being in violation of an international law or some other law that they claim that is in existence, is just invalid. So, is there a possibility of any kind of criminal action under our laws? It's zero in my opinion. MS. RUGGLES: Mr. Kamelamela, I'm sorry, before you proceed, I just want to clarify the question I'm asking you now, which is, I sent you the letter this morning. The question now is, how do we proceed as far as my participation until I await your formal reply? Page 7 AWESC-13 August 21, 2018 MR. KAMELAMELA: This is the first time that I'm actually hearing of a formal request because I have to see your letter because all I recall right now within the past two weeks is that people have received notice from the alleged kingdom of Hawai'i. My opinion to everybody had been it's not a recognized sovereign entity. So, whatever claim that they have has no basis, has no merit. And then if you want something formal, I'm just going to be stating what I state right here. And to help you along, if you disagree with it, then one way to kind of resolve it is to do what Council Member Chung has said. If you believe that you can't even act here, then perhaps one option is for you to just leave. CHR. RICHARDS: Okay, thank you, Mr. Kamelamela. MS. RUGGLES: Okay, great, and I encourage you to read the letter before responding. MR. KAMELAMELA: I'm sorry, I couldn't even hear that. MS. RUGGLES: I think it would be pertinent to read the letter before making a formal response here on the record. MR. KAMELAMELA: But I have always taken to the position and even my predecessors have taken the position to similar letters like that. Because I have been seeing more and more such documentation being presented by different people and all we do is file it away because there's nothing valid. MR. CHUNG: Mr. Chairman? CHR. RICHARDS: Yes. MR. CHUNG: I apologize. I've tried to urge Ms. Ruggles to reconsider her position, but really, this all comes down to the issue of legitimacy, whether this e-mail that she received has some legitimacy, on the one hand. As far as I know, we are, and I've always acted on this basis, we are a part of the United States of America and a subunit thereof, and I'm going to continue acting on that belief, that strong belief, actually. But, based on—and I don't think we should be belaboring this point, but if Ms. Ruggles is not going to reconsider her position and she's going to wait for a formal opinion from Mr. Kamelamela, and as a member of this body, I've got to ask her, I'm going to object to her being here. I really don't want to take that position because I've asked you several times to please, just reconsider your position. If that's the case, she should not be even sitting here. CHR. RICHARDS: Thank you, Mr. Chung. Thank you, Mr. Kamelamela. So, Ms. Ruggles, our rules do not allow us to defer a decision. We either have to vote yes or no, no abstention allowed. Given that situation, as a personal courtesy we Page 8 AWESC-13 August 21, 2018 can excuse you from Council Chambers until you are comfortable in moving forward. Is that your wish? MS. RUGGLES: If that is my only option, then that's my only course of action to take. So, I will be excusing myself until I receive a response from Mr. Kamelamela. CHR. RICHARDS: Okay, thank you very much, Ms. Ruggles. MS. RUGGLES: Thank you. CHR. RICHARDS: So, for the record, she will be excused. Vote on Comm. 1028: The motion to recommend confirmation of the appointment (Approved) of George Donev to the Game Management Advisory Commission was carried by the following roll call vote: Ayes: Committee Members Chung, David, Eoff, Kanuha, O'Hara, Poindexter, and Chair Richards — 7. Noes: None. Absent: Committee Member Lee Loy and Ruggles — 2. Excused: None. CHR. RICHARDS: Okay, thank you, and thank you, Ms. Ruggles. So, Mr. Clerk, does that bring us to the end of our agenda? Okay, we're at the end of the agenda. MR. KAUKA: Excuse me, Mr. Richards? Sorry to interrupt, this is Dennis in Hilo. Can we just advise Mr. Donev, for the record, that he doesn't need to appear before Council? CHR. RICHARDS: Thank you very much. I guess we got sidetracked. Mr. Donev, thank you so much for coming before us, you have seven "ayes," your approval will go to full Council in two weeks. You do not need to come before us and appear again. Thank you very much for throwing your name in the ring and appreciate and look forward working with you, George. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (There were none.) Page 9 AWESC-13 August 21, 2018 BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. (There were none.) ADJOURN- There being no further business, at 9:27 a.m., Mr. Kanuha moved to adjourn the MENT: meeting. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, and Chair Richards — 8. Noes: None. Absent: Committee Member Ruggles — 1. Excused: None. CHR. RICHARDS: We stand adjourned. Thank you. Appr ved: Mr. erbert M. "Tim" Kchards, III, Chair Agriculture, Water, and Energy Sustainability Committee HR/j m -Lq /Is (Date) Page 10