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HomeMy WebLinkAboutPedro Tama Testimony 05.25.23 From: Pedro Tama To: WPCtestimonv Cc: Darrow,Jeff;Andrews.Jessica;Timothy Karamazov;Xanthe Lancaster;Jane Tama; Sahara;Gary Hauler; edward utyro; EJ Paterson Subject: Silber PL-SPP-2022-000016,July 7,2023 Date: Sunday,June 25,2023 12:09:09 PM TO: The Windward Planning Commission June 25, 2023 PC Rule 6-3 (b) (5) (B) The desired use shall not adversely affect surrounding properties, PC Rule 6-3 (b) (5) (G) The request will not be contrary to the General Plan Contrary to the Hawaii County General Plan And having adverse effects on surrounding neighbors' properties Background The 8 plus acres of the SP application of Robert Silber, commonly known as "Lolia", (and recently leased and managed by Hawaii Eco Resort—HER), is a progressive, idealistic intentional community,permaculture farm, and proposed educational center. The HER website says "HER is a community with a focus on personal growth and development." The land owner, Mr. Silber, was once well-known (and also controversial) as the founder of the Institute for Conscious Sensuality, for writing the book titled Conscious Sensuality, and for teaching classes and training teachers about the same subject (hapS7//conscioussensuality.com/category/blog/videoso. Conscious Sensuality is an outgrowth of some of the Tantra spiritual teachings from ancient India that sought spiritual enlightenment through sexual practices and experiences. At Lolia, from the years 2016 to 2019, Mr. Silber hosted the annual Hawaii Tantra Festivals, taught Conscious Sensuality regularly, and was accused, credibly, of inappropriate sexual behavior at least several times. He was also accused, credibly of rape (see Testimony, Jan 2, 2023, Ashley Kuku). Although Mr. Silber has apologised, several times over the past eight years for many of these behaviors, and has recently stated he has changed the"scope" of his teaching practice, he has yet to demonstrate any trustworthiness towards opposition neighbors and a significant subset of the Lower Puna community. It is significant to note that there is no formal organizational structure at Lolia. Mr. Silber owns the property as sole and exclusive owner. There are no officers. There is no Board of Directors for oversight. There are no Advisors. There has never been a vision statement nor mission statement nor statement of values (the HER website does state Community Agreements that are value statements, but this is relatively new). Apparently, there is no financial accountability. Since the original Notice of Violation and Order in December 2019, Mr. Silber is accumulating fines of$500 per day (approx $580,00 currently)that he has been either unable or unwilling to pay. The Application The SP application accurately includes a reference to the successful small-scale permaculture operation that Mr. Silber has established. It also includes references to how volunteers and guests practice learning permaculture backyard gardening skills. These are strong positives. But the application is misleading because it omits important information about a vital part of living or visiting there: Lolia is a"clothing-optional"property. "Clothing-optional"is a contemporary term for what used to be called a"Nudist" or `Naturalist" camp or colony. A definition of a nudist colony is: "an establishment for guests in a context where they are invited to practice naturism—that is, a lifestyle of non-sexual social nudity." However, Lolia is not non-sexual. The Problem Lolia is unique in that it not only practices nudity but,unlike other nudist camps, also supports sexual contact and exploration amongst the people staying at Lolia. This includes with employees, long-term renters,volunteers, short-term renters,guests, and permanent staff. Mr. Silber has implicitly expressed his belief in polyamory. And, children over 8 are welcome, as long as their parents stay with their children at all times. As a community of"personal growth and development," Lolia staff often facilitate group and personal growth sessions that explore residents' and guests' personal, and sometimes sexual, difficulties in life and assist them towards healing. Yet, first,Lolia has no policy prohibiting sexual contact between staff and any non-staff people. This violates all professional ethical norms requiring strict boundaries between providers and clients. Second,none of the staff at Lolia has a degree or certification in psychology or in sex therapy. It is for these two reasons that, given our small neighborhood community of 19 residents and 43 lots,with families with children and grandchildren, that the SP application is fundamentally contrary to the Hawaii County General Plan. Of the eight Purposes of the County General Plan,the actual activities at Lolia are out of conformance with six of them and are contrary to the following two: -Identify the visions, values, and priorities important to the people of this County; [the unethical lack of any sexual boundaries between staff and non-staff, and the lack of any psychological or sex-education professional is contrary to the values and priorities of the people in our neighborhood, and the people of this County.] -Promote and safeguard the public interest and the interest of the County as a whole. [Lolia is not a model that promotes the public interest, nor the interest of the County as a whole.] 2.2 Economic Goals Lolia is Contrary to the following five out of the eight General Plan Economic Goals, because each of these goals includes improving our County's social or cultural environments, and Lolia is not a model for improving our County's culture or society. (a)Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. [For example, here are some quotes from the Volunteer Agreement that prospective volunteers must agree to: The Volunteer Agreement is not a rental contract. The Volunteer is not a tenant nor an employee and explicitly waives any and all rights that a tenant or employee would have. The volunteer will not disclose information about their Volunteer Agreement with any other person. Accommodations • Stay in a sleeping space,usually a big private tent(8 person).They can get hot during the day,and we have plenty of other areas to hang out/nap during that time.] (b)Economic development and improvement shall be in balance with the physical, social, and cultural environments ofthe island of Hawaii. (d)Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. (h) Promote and develop the island of Hawaii into a unique scientific and cultural model, where economic gains are in balance with social and physical amenities. Development should be reviewed on the basis of total impact on the residents of the County, not only in terms of immediate short run economic benefits. [Do we want Lolia to be part of a future "cultural model?"] 2.3 Economic Policies: Lolia is non-aligned with the following 22 out of the 25 General Plan Policies: a, b, d, e, f, g, h, i, h, j, k, I, m, n, p, q, r, s, t, u, v, w, y. And is Contrary to the remaining three items( c), (o) and (x): (c)Encourage the development ofa visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County. [Do we want more visitors attracted to retreat centers where sexual boundaries are amorphous?] (o) Promote a distinctive identity for the island of Hawaii to enable government, business and travel industries to promote the County of Hawaii as an entity unique within the State of Hawaii. [Would we want Lolia to be part of the "distinctive identity" for our island of Hawaii?] (x)Encourage the health/wellness industry [Lolia (despite its hype as a health and wellness center), due to its lack of professional guidance and oversight, and due to its lack of sexual boundaries betweeen staff and non- staff(employees, renters,volunteers, guests), poses an unhealthy and potentially unsafe environment that is not in harmony with the goals of the residents of this County.] 2.4.1 .2 Puna District Economic Courses of Action The application is in non-conformance with three out of four (a, c, d) of the recommended Puna Courses of Action, and questionable for the fourth [(b)]. (a) Assist the further development of the agricultural industry by providing support services to commodity groups and other organizations such as farmer's cooperatives, protecting important agricultural lands, and requesting and providing necessary capital improvements. (b) Resort growth should enhance and be in keeping with the area's rural character. [Questionable, since Lolia can hardly be called a "Resort."] (C) Assist the fishing industry through a cooperative effort with State and Federal agencies. (d) Support the development and utilization ofgeothermalesources and by-products consistent with the environmental, social, economic and other goals expressed elsewhere in the General Plan. Summary It is true that Mr. Silber has created a developing small-scale permaculture experiment, and that many guests and volunteers have had positive experiences on his property. However, Mr. Silber's application is misleading and does not accurately describe many important aspects of life on his property, such as the clothing-optional, "personal growth and development," sexual exploration lifestyle that is supported there. What makes Lolia's activities an adverse effect on surrounding neighbors' properties and Contrary to The General Plan, is the lack of ethical sexual boundaries between staff and non- staff and the lack of professional or administrative oversight of any of these activities; therefore posing an unhealthy and potentially unsafe environment that is not in harmony with the goals of our neighborhood, and which are contrary to the social and cultural values and priorities of the people of this County. G. Pedro Tama 13-6516 Kalapana-Kapoho Beach Road Pahoa, HI 96778