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HomeMy WebLinkAboutMIN CHC 2009-09-26 PH-Keaau.tif2009 -2010 HAWAII COUNTY CHARTER COMMISSION Public Hearing Saturday, September 26, 2009 Kea`au Middle School Cafeteria 16 -565 Kea`au -Pahoa Road Kea`au, Hawaii 96749 CALL TO ORDER: CHR. HAITSUKA: Today is September 26, 2009, and the time is approximately 2:02 p.m. We are here for a public hearing for the Hawaii County Charter Commission. We are at the Kea`au Middle School Cafeteria. ATTENDANCE: Present: Mr. Ed Haitsuka, Chair Ms. Daphne Honma, Commissioner Ms. Jamae Kawauchi, Commissioner Mr. Alapaki Nahale -a, Commissioner Ms. Susie Osborne, Commissioner Mr. Todd Shumway, Commissioner Absent: Mr. David Fuertes, Vice Chair Ms. Casey Jarman, Commissioner Mr. Guy Kaulukukui, Commissioner Mr. Joseph Kealoha, Commissioner Mr. Scott Unger, Commissioner Also Present: Ms. Karen Eoff, Secretary Mr. Levi Hookano, Legal Specialist Ms. Glynis Yamada, Council Services Supervisor Mr. Alfred Robello, Special Assistant to Council Chairman CHR. HAITSUKA: First up, we have Ms. Bett Bidleman BETT BIDLEMAN (At this time Bett Bidleman came forward to address members of the Charter Commission.) CHR. HAITSUKA: Good afternoon, Ms. Bidleman, you may proceed. MS. BIDLEMAN: Good afternoon, and thank you for having a hearing in Puna so people can come and testify. My name is Bett Bidlemn, and I'm a member of Friends of Puna's Future. I am on their board, and I am speaking on behalf of them. We are providing informal testimony today, we will send you written testimony next week, and we will appear again at your October 9, 2009 hearing in Hilo, to provide more details. To tell you a little bit about Friends of Puna's Future, we organized to support Puna in strengthening its voice in deciding its future, through public advocacy and through consensus gathering. The three issues that I would like to bring up- - -I'll tell you what the issues are, and then just generally give you a rationale why Friends of Puna's Future are interested in these. The first one regards CA -9, and that's the proposal that you have to require proceedings that are open to the public for public decision making, such as the County Council, or the Planning Commission, or the Charter Commission, that they be posted, and also posted electronically. We support that, and we hope that one comes through. What we are asking is that you add live broadcasting of these meetings, and also having videos on demand. This issue was already brought up by Margaret Wille, so we are just expressing our support for that. The second issue that we are here to support is we are requesting that the Community Development Plans, after enactment, become a part of the Charter. To further strengthen the Community Development Plans (CDP) we request a clear directive on the authority, or role of the action committees, in implementing the CDPs, similar to roles outlined regarding the Planning Commission, the Police Commission, or other Commissions, to give them the same footing. The third issue that we are here to support has actually already been brought to you by Debbie Hecht; that is how we heard about it. She is proposing that what the voters already passed, that was basically overturned by our Council, was the creation of the 2% Land Fund, where 2% of our property taxes were deposited each year. In Debbie's proposal, she talks about attracting matching funds, using this money to attract matching funds to save island land. We will provide you with greater detail of our support for that later, but basically we are supporting a proposal that has already been brought before you. On the first one, about the live broadcasting, Friends of Puna's Future would not even exist without the internet. We couldn't do what we do, if we couldn't communicate with our members that way, and if we couldn't lobby this way. I'm sure you are familiar with Puna's roads. It is very difficult for people to move around in this area. The internet is a way to keep some people off the roads, so we really support greater transparency and accountability of government by electronically posting, so people are aware of meetings being held, and taking it a step a further, and broadcasting them. I knew about these meetings, but I had not 2 planned to attend until I watched an on- demand video - -I believe it was broadcast live initially by a private individual - -of Margaret Wille's testimony. I believe she has testified more than once, I'm not sure which one she testified at. Just hearing someone talk about issues, it just made it a lot more important to participate in this, seeing what she was willing to do. It really brought it to my attention and I think people really do respond to that. If private individuals can do some of the broadcasting, but if government is involved, you are removing some of the filters. If government is responsible for it, no matter who they have do it, you know that the filters have been removed, and you are seeing it, not just a segment of it, like I only saw one person's testimony, I did not see your proceedings. You are making it a much more open process and you are allowing the people to decide what they think about a decision - making that is going on. It is also a way to get rid of a lot of - - -I don't know if corruption is the right word, but if people know it is being witnessed, not just by a handful of people that show up in the room to observe it, but by anyone watching it on the internet; we think it makes for greater accountability. The second issue is about the CDP's --- Again we will provide details on what we would like to see put in the Charter to strengthen CDP's. The Friends of Puna's Future was actually founded because of the CDP process. Most of our founding members were involved in the working groups and went to the steering committee meetings. Our concern was - -and we were told this from the beginning by the Planning Department and by Mayor Kim - -that unless the citizenry got involved, this could also end up sitting on a shelf as other planning opportunities have ended up. So, we thought we were really invited by County government to organize a citizens' group to watchdog the Puna Community Development Plan process, and make sure that it was carried through to implementation. We have been very discouraged that we were the first plan to be enacted, and yet over a year later, we still do not have an Action Committee. One of the comments that was made was that we had not provided enough people to apply. But that's not so, 36 people applied. I think that is a larger number than anywhere else, and yet, we were told that they need to re -open the application process. We feel that all the people who worked on the plan, all the citizens, were given deadlines, and we need government to be equally responsible for adhering to those deadlines. To wait over a year, and not have an action committee to begin the implementation stage, to us, it is too long to wait. So, we will provide you with what we feel would help strengthen the CDP process, by putting it in the Charter, next week. Finally, on the 2% Land Fund, I'm going to read this to you, because this is really Debbie's. Friends of Puna's Future supports adding a new section to the County Charter that sets aside 2% of property taxes solely for the purpose of acquiring island lands of high cultural, historical, or recreational value, for conservation and public use. When the current Mayor and County Council decided to take the 2% Land Fund money to balance the County budget, a great disillusionment arose among Hawaii County's majority of voters who voted for the creation of this fund. We support the Commission putting this issue again before the voters on whether to make this fund a Constitutional mandate. We will provide more specific details on all of these. Thank you very much. CHR. HAITSUKA: Are there any questions for Ms. Bidleman? 3 MR. SHUMWAY: I have one quick question. Thank you for coming to talk today. In regards to the CDP's, I'm still not really clear what you are proposing specifically, on how to amend the Charter, to incorporate the CDP's, or what specific mechanism you guys are proposing. MS. BIDLEMAN: Well, very briefly before this meeting, I looked over the current Charter. I think it is on Page 15, it looks like there is a place there, it looks like we could incorporate that the CDP is part of the decision - making process. A big concern of ours is that right now, you can pass the CDP, the Council will enact it, and the next Council can overrule it. They can overrule it, or they can amend it into oblivion. So, what we would like to see is something in the Charter that would prevent that from happening. Once it is law, it's law, and there is a responsibility of government to continue on with the implementation stage. Right now there is a Code, that I know they are using for the Action Committee. It is Ordinance 08 -98. The greater detail that we will provide you with is what we can say that coordinates with the Code, that should be in the Charter, that makes that something that is not just arbitrary, that can be decided against by the next session of the Council, but a permanent part of the decision - making process, and it brings the participation of ordinary citizens into part of the decision - making. The exact wording, we will get to you this week. MR. SHUMWAY: To the extent, that as you draft that, look at the Charter and find something that helps us to integrate it, we appreciate that, so thank you. MS. BIDLEMAN: We will do that. CHR. HAITSUKA: Are there any other comments? Thank you Ms. Bidleman. Next, we have Joyce Folena. JOYCE FOLENA (At this time Joyce Folena came forward to address members of the Charter Commission.) CHR. HAITSUKA: Good afternoon. MS. FOLENA: Good afternoon, Mr. Chairman. I have a written statement from Barbara Lively. CHR. HAITSUKA: Is that something you want to submit? MS. FOLENA: Yes, I would like to read it on the record, if I may, and then go into my own statement. Thank you, sir. "To the members of the Charter Commission from Barbara Lively, Rural Route 3, Box 1208, Pahoa, Hawaii 96778. Regarding, proposed amendments to the County Charter, I am writing in strong support of Margaret Wille's proposed amendment as follows: A Community Development Plan Action Committee shall be appointed within one year of completion of any Community Development Plan to oversee implementation of the Community Development Plan. After that date, no development application by either a private or public party shall be considered unless and /or until considered by a Community Development Action Committee. As a Steering Committee 12 member of the Puna Community Development Plan, I know first hand how hard people worked to put the Plan together and see it adopted as law. One of the most contentious topics during the entire process was what would happen after its completion. Many Puna residents were wary of the process because they had seen planning efforts come and go with no lasting results. The mantra being, sure, we'll make a good plan with all these people and all this effort, and then it will sit on the shelf somewhere with all of the other plans. Time and time again, consultants, staff and facilitators assured everyone that this one would be different, that this one would be law, and that this one would be realized. Here we are a little over a year later, and we haven't even gotten an implementation action committee seated yet. Are the naysayers being proven right? How could we have gotten this far and not been prepared for all the necessary next steps? It is sad to see that we are losing momentum in this effort, because people are once again losing confidence in the process. Implementing a deadline as this amendment would do, would clarify this part of the process, and inform members of the public and all participants of the process of what to expect and when. The pressures of development and growth are continual. Degradation of the environment and our natural resources are constant. The Puna Community Development Plan must be implemented IMMEDIATELY so that we can guide the growth and protective measures can be implemented." I think you understand what Barbara Lively is saying and what I am saying too, because I augment and I absolutely confirm Barbara Lively's statement. I was involved with the Puna Development Plan for over 10 years. People having meetings at people's houses, people talking it over, what's good, what's not, let's put this in, let's take this out, what are we focused on, what is our main objective, etc. To have this plan languishing for over a year in the Mayor's office, without a committee picked, while the Mayor threw out most of the applicants, is really a slap in the community's face. So, we would like that slap to be turned into a caress. We would like a steering committee, and we would like the changes to the County Charter to absolutely demand and mandate that we have a steering committee within one year of completion of all Community Development Plans within the County of Hawaii. Thank you. I will go briefly into some more topics. These are my own words, those were my own words, and these are my own words. We feel the more transparency in government, the better. in order for the informed public to keep advised of any changes to policy or County law intended, or put into place, as soon as possible. Therefore, we are in favor of all proceedings of policy- making boards, including the County Council, be made available on- demand, within 48 hours, of each board's meeting, on the internet. So, I'm echoing Margaret Wille here. These measures would also serve to attract more people to become involved in their own governmental proceedings that affect their lives and their futures. In a democratic society such as ours, it is imperative for as many people as possible to be involved in the democratic process for a healthy democratic society to flourish and survive. So, in order to dispel apathy and why should we be involve, we don't know what's going on, what is this. If people can turn on the internet and within 48 hours and be advised as to what has happened 48 hours ago, it will spark their interest and we will have more participation in government. The more participation we have, the better our government is. If we are apathetic, we could lose our democratic process through a slippery slope. We want to avoid that. Again, the Puna Community Development Plan, I can't stress 5 that heavily enough; please change the Charter so that it is absolutely a law. We have to have that Action Committee within one year after completion of every single Community Development Plan in our county. There is an item here concerning the Prosecuting Attorney's Office. This item concerns willful violations of the Sunshine Law, which are criminal in nature. The Sunshine Laws don't have any penalties attached to them per -se, except with willful violations. Then the violations cross over from civil to criminal. So, we are talking here about the Prosecuting Attorney's office, which handles criminal proceedings. We would like to make the first Deputy, the Prosecuting Attorney, responsible for enforcing the Sunshine Laws in accordance with the Director of the Office of Information Practices. The current court case with Judge Ibarra shows that a lot of people are very concerned about these violations to the Sunshine Laws. If council members treat the Sunshine Laws in a cavalier manner, why do we have Sunshine Laws? We think these cavalier treatments on the parts of some of the council members need to be rectified. So if there are penalties in place, and if the Prosecuting Attorney's Office has a stronger mandate to prosecute, we feel this would be an ongoing deterrent for future cavalier treatment of the Sunshine Laws by certain council members. We also feel very strongly about having a separate Corporation Counsel representation for County civil matters, as compared to matters of the County Council. When you start mixing the Administration level and the Legislative level you run into a lot of legal hassles. In our Country, at the Federal level, the Presidency and the Legislative branch are two different entities; this distinction is honored. So, in our County, I think we should keep that honored distinction in tact. Margaret was talking about err on the side of environmental protection, the Precautionary Principal, when decisions are made concerning our natural resources. I can't stress that heavily enough because this is the only planet we have. We are not interstellar species, we are not interplanetary species - -not yet - -so, if we foul up our planet, we have no where else to go. We have to protect our home. Being on an island, for heaven's sake, we really have to protect our environment. It's double, double, double important. Thank you. I think that's about it. I thank you for your time and I thank you for your interest in our concersn. CHR. HAITSUKA: Are there any questions for Ms. Folena? Mr. Gregory Smith. Good afternoon, Mr. Smith. GREGORY SMITH (At this time Gregory Smith came forward to address members of the Charter Commission.) MR. SMITH: Good afternoon sir, thank you for allowing us to speak here. I am in support of Margaret Wille'e articles. I will try to keep this very brief. I am pretty much echoing what Joyce has said, and what Margaret Wille has submitted to you folks. Just to touch on it, I personally am really very angry about this CDP process. This process in Puna, I know has been going on for more than a decade. It's been going on for the better part of two decades. We have been slammed up against the wall of what I feel is a Hilo cabal; a political machine 0 that keeps sucking resources and money right into Hilo. I can't emphasize this more. We have to get these community plans up. If not, you can look at Kona, you can go to Honolulu, and you can go to the mainland, and see how rampant development kills a community. Go to California, go to Honolulu, go to the west side of the island; it is starting there. We have to reign in growth. We have to get plans in place, and it has to be community based, not the special interest of big money, particularly the big money that has been ruling this county for 50 years. The reason I say this is because I started my life here in the islands 28 years ago as a fisherman out of Pohiki. We were dragging our boats across roads here in lower Puna makai that had potholes that were breaking axles. We were hauling in - -this is in the early 90's -- something like 8 -12 million dollars a year from 30 fishermen down in Pohiki with 30 boats. Our County government was totally unresponsive to us at the time. We went up there at the time and said, fix the roads. We had to make an extra five mile trip around the Pohiki Road to the Kapoho Road, instead of going straight out. That cost us money and time. The point is, the reason we are going through this fantastic CDP process is because we still have a big money conglomerate in Hilo that is Hilo- centric, and keeps sucking resources into the town. Literally, we were going through potholes, dragging tons of fish, and breaking axles on our trailers and our trucks over potholes. Then we would get into Hilo, and all of a sudden the roads were just smooth. They had sidewalks, they don't have tank traps. That is what I am saying. Also, anything that helps us get clarity and openness in government, is what we need; we need that here. The powers that be have been blood - sucking the rest of the island for 50 years, based in Hilo, and of course in Honolulu, they don't want that, well we want it. The only way that we can keep resources being fairly distributed to the island is if we have participatory government and a populace that is engaged in their community; not this 19th century plantation, or 17th century Monarchy thing either from Japan or ancient Hawaii. This is modern Hawaii, we deserve representational government. I'm sorry, but I don't come from this type of culture. My family members are union representatives. In fact, my grandfather actually helped the union organizers that came to Hawaii in the late 30's and early 50's. The point of the matter is that I can't handle that type of government; yes boss, yes, I'll just take what I can get because the boss says so. That is all done with, plantation days are gone; we don't need that. It just means the wealthy get wealthier and the poor get poorer. The main factor here is that what Margaret Wille has put across is very good. It helps the people, and helps keep the people engaged. The biggest problem I see here is that so many people say, what's the use, why should we be engaged, because they run everything, they do what they like. Anyways, thank you very much. CHR. HAITSUKA: Are there any questions for Mr. Smith? Thank you, Mr. Smith. Do we have anybody else here to testify? We have no one else here to testify, we will close this meeting at 2:35 p.m. Thank you. 7 Respectfully Submitted, Karen Eoff, Secretary Approved: Mr. Ed Haitsuka, Chair Hawaii County Charter Commission