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HomeMy WebLinkAboutEd Utyro Testimony 06.29.23 From: edward utyro To: W PCtesti mono Cc: Andrews,Jessica;Jackson. Maiia;Timothy Karamazov;Xanthe Lancaster;Jane Tama; Sahara;Gary Hauler;Amy Evans; EJ Paterson; Pedro Tama Subject: Re: Silber, PL-SPP-2022-000016: History of violations Date: Thursday,June 29,2023 11:28:46 PM Attachments: SUP Undated response.docx SUP Updated response.pdf SUP Updated resoonse.docx To: Windward Planning Commission Date: June 29, 2023 Subject: Silber, PL-SPP-2022-000016: From ED Utyro 13-6519 Kalapana-Kapoho Beach Road, Pahoa, HI 96778 Please see my additional testimony in pdf and also Word. This was prepared due to recent events. kind regards Ed Utyro On Jun 29, 2023, at 3:34 AM, Pedro Tama<gptama@gmail.com>wrote: To: Windward Planning Commission Date: July 27, 2023 Subject: Silber, PL-SPP-2022-000016: History of violations In the Introduction to this SP application, it states: "The applicant was issued a Notice of Violation and Order on December 5, 2019 pertaining to the unpermitted operation of the holistic education center and is seeking a Special Permit in order to remedy that violation and legitimize the center." In the PD Background Report, the very first sentence states that the applicant is requesting a Special Permit "to legitimize the operation of a holistic education center." In the PD Recommendation (10/28/22) the first sentence says "...the Deputy Planning Direcor recommends that the request for a Specil Permit to legitimize the operation of a holistic education center... be approved..." Why does the center need to be `legitimized?"The PD Background Report fails to tell us this important "background" information. Attached, please find three relevant Planning Department Documents that fill in this missing background information, all being certified letters sent to Mr. Robert J. Silber: 1. December 5, 2019 Notice of Violation and Order. File No. ZCV 2017- 007E. >"Immediately cease and desist the unpermitted operations and overnight accommodations on the Property." >"Correct all violations at your own expense..." >"Pay a fine in the amount of$5000, pursuant to ...State Law..." >"Pay a civil fine in the amount of$500 for the violations of County Law..." 2. January 30, 2020 Inspection/Corrective Actions. >"The permitted greenhouse was converted into an activity structure and within the structure it contains a wooden floor, raised stage, bed(s), conga drum, speakers and yoga/exercise mats. No agricultural activity was noticed within the structure" >"There are two unpermitted two-story structures with stairs leading to the upper floor. Each structure has eight (8) rooms, and ...one of the rooms...being occupied." >"Immediately cease and desist use of any unpermitted structures..." >"Immediately cease and desist any non-agricultural activities in the greenhouse. Remove all non-agricultural related items and revert to its approved use as a `greenhouse'..." >"Immediately cease and desist use of all tents as accommodations..." >Secure approval for the use of all unpermitted structures, as allowed by this Department or demolish all of the unpermitted structures." 3. January 10, 2023 Daily Fines Letter >To date you have failed to comply with the Notice of Violation (NOV) and Order dated December 5, 2019..." >As of the date of this letter, your fines have accrued to $508,500..." • Since 2019, Mr. Silber's has never paid any of his fines. They now total approximately $593,000. • Since 2019, Mr. Silber has never ceased his unpermitted operations and overnight accommodations, in defiance of the NOV. • Since 2019, he hasn't permitted any of his unpermitted buildings, nor has he ceased using any of his unpermitted buildings, in defiance of the NOV. • Nor has he ceased using his converted "greenhouse" for Lolia events, again, in defiance of the NOV. • Moreover, since January of this year he has constructed brand-new, unpermitted structures, in defiance of the PD Recommendations and Conditions. G. Pedro Tama 13-6516 Kalapana-Kapoho Beach Road, Pahoa, HI 96778 <ViolationAndOrder_12-05-2019.pdf><Inspection-CorrectiveActions_1-30- 2020Silber.pdf><Daily Fines Letter 01.10.23.pdf> Date: June 29, 2023 To: Hawai'i County Planning Department and Windward Planning Commission From: Ed Utyro-Neighbor of Special Permit Application PL-SPP-2022-000016 Re: Written Testimony for July 7 Planning Commission Meeting "APPLICANT: ROBERT J. SILBER(PL-SPP-2022-000016) Application for a Special Permit to legitimize the operation of a holistic education center on approximately 8.134 acres of land in the State Land Use Agricultural District. The subject property is located at 13-2060 Lolia Place, approximately 0.3 miles northwest (mauka) of its intersection with Kalapana- Kapoho Beach Road, Pohoiki, Puna, Hawaii, TMK: (3) 1-3-002:140." Recent events suggest further testimony is required. The primary event is that the Applicant (Robert Silber) has expressed his intention to sell the subject property on his FaceBook page. Aloha everyone, After 10 years of developing, I'm ready to sell the 8 acre community retreat center property at the top of Lolia Place. It will be listed soon at $1,950,000. 1 hope to find a like-minded group to purchase it and continue the mission of ecological living with personal growth and development courses and retreats. For the right group, owner financing is available with at least $400,000 down. I am open to be part-owner but not a majority owner as I plan to build a modest permitted home on the 2-acre lot adjacent to the community center. Direct message me for details. Also, we could use another person or two over the summer to help with our ongoing operations. Help in the areas of kitchen/food, housekeeping and landscape would be appreciated. Indoor lodging, meals, and modest stipend. <3 More details follow in a link he provided (Information Packet): https://docs.google.com/document/d/lKD2A vdpAgF5d 4GBe3pb sDRCW1 QGAMsyKcr4Y3Xr U/mobilebasic This document suggests he has expanded his vision relative to what the planning Department was recommending by virtue of the fact he has indicated parking space available for 120 cars. What is outlined seems inconsistent to what is being represented to the county for the permit and doesn't even acknowledge this permit process or everything required to clean up the various violations. The Information Packet provides a plan with Phases of development of various improvements BUT neglects the various obligations. The question for the commission is who is being sold a story. Is it the prospective buyer or is it the Planning Commission and the Planning Department? The Applicant has advised the PD the various unpermitted operations must continue because there is no money to pay for them into compliance but what we see here is a very different story. There is clearly a scenario outlined with new investors and Robert as a minority investor with a plan to make these new improvements AND not address the things needing to be brought into compliance. In this plan there is now some money available for improvements yet none for septic systems etc. The emphasis on large public events to generate income at HER has been reduced in the recent months and likely is attributable to the imposition of this permit process. Whether that remains to be the case is speculative but what we can see from various HER customers is currently an emphasis on renting rooms. The Applicant's plan as indicated by the Information Packet suggests even more housing. If the business direction is at least in part an increased emphasis on vacation rentals as has recently been the case, it seems incumbent on PD and the Planning Commission to insure any Special Permit won't provide any greater regulatory leniency than may be required by any future regulations on long term or short-term housing that would apply absent the Special Permit. Existing STVR rules do hold the prospect of inspection and various types of compliance and should any new rules on hosted vacation rentals come to have similar requirements, it does not seem like the award of a special permit should exempt the applicant from any new rental rules that would apply absent the Special Permit. It is our hope that the Planning Commission and PD would assert a requirement of maximum compliance with all applicable rules, including future rules, even if certain rooms/cottages have multiple uses. In the event they are even occasionally used as short term or long term rentals, those rules should apply as the case may be in addition to any rules required in the Special Permit for any alternative uses. The larger concern of many of the neighbors in opposition to this permit however is that no sale will occur over the next couple of years and that HER will return to large Tantra Festivals, Quodushka gatherings and other similar events where group sex in public settings is encouraged as they have done in the past. The point of the following is just to provide another exhibit but there are others posted on Robert's website. 3:04 901i1 83%u Lolia Eco Village Oct 2, 2017 .0 Join us tonight! FREE Admission. Quodoushka Spiritual Sexuality intro from 7pm-9pm Monday Oct 2, 2017. Quodoushka 1 consists... See more 006 o�) Like Q Comment Share LOLIA PLACE Like Comment Share Big Is4aod Q1 Intro Ocm6er 2nd ��WQ ILLLB)l WLa.l�,y7 PM-9 PM Intro on Big Island Prt pawfwuabau p,oduuhlu? pelllnar"aAmm cnan•„nn:r,.�.r�:"= ih nyou should check our our free LO L I A �an„pr,.,.nnran�m�hln w,I.,n�rtnUrnm:,a�a.,a:gm,mnnd,a,na PLACE ,..pawn vw wYi ka:n I,e„mmm<hayo:a p mkaedixpri�ntetl,n inm M1arrnr mwehearvfdadeeply lavirtgprBumri, NAwAll Ig1AN0 espenmrms.to Nlslnamdrptiw:.mwlldi,c„u ' vhn uQupdpwh ntl una,xx mtldme'rnro m,ap�pmhY„�a Ql Unroductbn MR—ANOMPia ONorr MR AdmissioJ11n aNYS EaICLtlStvE EYE 1a.....mrvanevsi:on Tk NIGEE[OMAR I N'i,hiYu„medu nCn, arfiriliomdarrwanu. ,ervuNry pmgmrm ptM1ewnrle,�AieeAAmm♦,Be,aShcmg honY)Iresr not r1wdn.ab nin,p:m,g mnn.�d wo:,.�n e.nr,wM1nrembmpmnmme n.�ns.: m M1aabnn�rye,mvn VNa.BBC AB(,na NBOasxelluumemus nano+„IanA[n:ern+,:ii. romFIP mnMenen.r,din,nn n an,n..Ncehumow:n:naign...i and nnen nrnu:,c.rrve rmamsp nmenand.,,,,,e�rnbnnem re n•rrcbma�d ee e.s:nm,hen��r,n:ne L� Sky,na Venda-faarind Cntn'n"�a:t, nnpnn: n,pi,.np:rven anawn,mmimrtrtmair.:p: ,n:eurga,a�n,a.mnmtie,lrn andmnapl�pmrmsnBN„,,,i Pr,.nn,l urhm.,nc,ne mnp,.aman pmnrpBarlp w,nnan,hm�r ,r.,lrpmrm.�pr�.np.snd.,nn,mnnnn�na:..mrpu�n.nama,Nr m.e,ar,awM1nan,a,.ln. na,�,ng,p=m_._,yv,na ee,lm gpn. 01 o�) Like Q Comment �> Share We want to emphasize Robert's words about the sale: "I hope to find a like-minded group to purchase it and continue the mission of ecological living with personal growth and development courses and retreats." As mentioned above he has expressed some interest in being a partial owner and living next to it in the event of a sale. If you have read his book The Conscious Sensuality Approach to Sexual Healing and Empowerment hops://conscioussensuality.com/conscious-sensuality-robert-silber/ you will better understand community concerns and also see many references to Robert's desire to have an `intentional community.' For example in CH. 6 alone see these quotes: I had put my dream of living in an intentional community on hold for years due to my wife's resistance. Once separated, I could pursue my dream and create a community with the people I met that summer at the Network for a New Culture (NFNC.org) summer camps in Oregon and Pennsylvania. Once I joined these cultural evolutionaries I left my political career behind. How could I ever be elected to office if I went to gatherings where people espoused polyamory and had group sex? Many of the people I met in Hawai'i were done with trying effect change in the United States and moved to Hawai'i to create the culture they wanted. They saw the political situation as hopeless and put their effort in creating a sustainable island and culture that would serve humanity after the United States, the world economy and the climate collapsed. Living in Hawai'i has been an opportunity to build on the history of Hawai'ian sustainable ecological systems and create a culture which intentional communities are commonplace and practically mainstream. Sense of Community My sense of community has vastly changed since I started living in intentional communities. In the beginning it was important to me to discuss and resolve issues much like I learned from my family at the dinner table and develop or even force agreement on issues. The more I've grown into my own person, the less need others agreement to validate my choices. The purposes of the above set of quotes is to show Robert's commitment to an `intentional community." What's clear in the rest of the book is the role of sex in this community. But there are many more problems: Topic -Public Masturbation : Doing a self-pleasure ritual with a group is an advanced practice. It is crucial that everyone is truly focused on themselves and not just harvesting energy from watching others touch themselves. To get to a place where people can do this, it is important that the ritual be held in a space of love, trust and awareness. To do this, it is approached just as other rituals are with a basis of individual meditation and self-awareness first. Once people are grounded and connected to themselves they can relax and begin to really feel themselves through their own touch. Touching your own body from head to toe over an extended period of time, at least 30 minutes, before touching your genitals is a powerful way to re-pattern your masturbation practice as a self-pleasure practice. Topic-Practitioners having sexual contact with their clients: Another session around this same time period was very different. She was an older woman, a single professional woman who was very sex-positive. She asked me for a session after attending one of my workshops, and wanted to role- play with me. She wanted me to restrain her, roll around on top of her, and basically simulate a rape fantasy without actually raping her. All the while she remained conscious of her process and I repeatedly checked in with her. This is intense, challenging work that requires absolute integrity and a high degree of awareness and sensitivity. Doing this type of session we are creating a scene that is very familiar yet we do it in a different way so as to shift the patterns of behavior and help create more freedom of response for the client. I make a distinction between doing work that I would not do for free and doing things just for money. The distinction is crucial because I have to believe that I am doing a service and benefitting others. If I am just doing something for money, it is far too easy to start violating my own boundaries and this can be dangerous spiritually, psychologically, emotionally and even physically because we are talking about sex which carries risk of sexually transmitted diseases. Towards an Erotic Ethics Forum Here I note that in our efforts towards effective sexual healing and empowerment, we have no board that we are licensed by with legal authority behind it. Unlike doctors, lawyers, massage therapists, psychologists, and many other professionals, those who do sexual healing work do so under a cloud of suspicion and threats of fines, imprisonment or worse. Just doing sexual healing work that involves genital touch is considered illegal if money is exchanged in much of the world. [Bold added for emphasis] Thankfully, many places now recognize that legal sex work is better for practitioners, clients and the community. Countries in Europe, Australia, New Zealand have revised laws. And in California the sexological bodywork and surrogacy programs have legitimized those doing healing sexual work. Topic-Views on sexuality for children: I know a woman who was dealing with a child custody issue with her ex-husband and the judge ordered the woman not to be naked in front of her own children! And this was in California, supposedly the center of permissiveness and sex- positive culture! I cannot imagine what harm it would do for children to see their own mother naked. I can understand that a father or others would not want children to see their parent having sex, I may not agree, but I can understand it [BOLD added for emphasis]. But I cannot understand linking nudity to sexuality. Until we have more sexually explicit videos that portray a different approach and type of sexuality, this is what we will deal with in our culture. Why not allow children to watch loving, sensitive beautiful lovemaking? If they are not interested they will not watch it. If they are interested, why not show that instead of the millions of mindless sport-fucking videos out there? And rather than attempt to distinguish sexual healers from prostitutes, let us leave the whole either/or baggage behind. Who is to say a person cannot have an amazingly beautiful experience with an escort? Some may be freaked out by a supposedly enlightened, sensitive tantrika with lots of credentials and testimonials. These are just small samples of what is in the book and these are by far not nearly as sexually explicit as many portions. I stress this book, his book, is hosted and made available for free on- line by Robert. The views expressed seems to still be his views or presumably he would have taken it down. . Taken in its entirety along with Robert's stated wishes for a sale to a "likeminded" party, it becomes clear that the "sex-positive" culture building that is seemingly a large part of his life' work, isn't about to just vanish because he has a Special permit, even if it prohibits these behaviors. This is his life's work we are discussing. Given Robert's efforts to conceal this through most of this permit process, it becomes incumbent on the Planning Commission to address this in a manner that will insure compliance with County and States laws about public nudity, sex in public, sex-for-pay, etc. Even if the State of Hawaii wants to allow sex-trade related activities, is this the right place? Is Robert the right face of this? Given historical events under his tenure it is hard to imagine this working out positively. Such an environment without independent rulemaking, oversight and review is a recipe for sexual exploitation at best. And while Robert has been the focus as the applicant, we are not suggesting that he is somehow doomed to be the direct cause of a rape or some exploitation, etc, but rather such an environment attracts dark forces. When states consider legalizing gambling or prostitution they also tend to think of other criminal activity that is commonly associated. As I indicated in my prior testimony, I respect Robert's right to believe pretty much everything he believes in and while I disagree about various parts of his beliefs the issue for the County is that his beliefs are very inconsistent with the law and he has acted without regard for laws sufficiently often that the Planning Commission must not defer to his representations in his application but rather rely on his life-long words and deeds. In the event the Commission is so disposed to grant him a permit, it should make every effort to protect the "volunteers", guests, employees and other customer of HER. While each aspiring customer can sign a "like-minded" community agreement about nudity they may quickly have a change of heart in the process. Their rights under law should not ever be diminished because of these agreements. In the event they are exposed to views of unwanted sexual acts or experience unwanted and repeated sexual solicitations by nude guests, employees & owners, this is still illegal and the applicant must make it known at the outset rather than telling victims they signed their rights away..