Mayor Kenoi Does Veto Tent Bill

Yesterday I mentioned that Mayor Kenoi was going to veto the tent bill today… and as expected… he did.

kenoi

From the Mayors Office:

Mayor Billy Kenoi today vetoed Bill 103, which would allow Puna residents to live in tents on their property while building a home.

In a veto message to the Hawai‘i County Council delivered to the County Clerk today, Mayor Kenoi said the main reason for the veto is that the bill applies only to the District of Puna.

“We are one island and we need to apply laws equally to all residents,” Mayor Kenoi said. “If a bill is good for one district, it should be good for all districts. This bill sets a poor precedent which could lead to a hodgepodge of laws on our island that would be difficult to manage and enforce.”

Mayor Kenoi also said allowing tents only in Puna could unfairly stigmatize the District and depress property values.

“Over the years I have been to Puna many times to speak at schools. In those visits I try to instill in our young people a sense of pride in their community. I ask them to strive for excellence in their lives. I encourage them to work hard to achieve their goals and dreams, and to help make Puna a better place to live for themselves, their families and their community. This bill would counter that positive message by suggesting that a lower standard is OK for Puna. We must set a uniform standard of law for our island that does not suggest that any district is better or worse than any other.”

Kenoi said in the veto message that his office has heard from current Puna homeowners concerned about the county’s ability to enforce the bill and its potential for adverse effects, including declining property values and poor sanitation. “Conversely, I have heard from county residents who do not live in Puna but who desire to live on their property legally while building a home.  Yet, they would not have the same opportunity as Puna residents would have under Bill 103.

“Because of the disparate treatment of county residents under this bill, it could be challenged in court and I would not want to spend county resources to defend it.”

No other law in the County that I know of applies only to one district, the Mayor said.

Bill 103 (draft 3) was adopted by an 8-0 vote of the Council on September 2, 2009

The Honorable Jay Yoshimoto

and members of the County Council

County of Hawai‘i

Hilo, HI 9672

Dear Chairman Yoshimoto and Council Members:

I am returning without my approval Bill 103, “An Ordinance amending Chapter 5, Article 1, Section 5-1.0.8, and Chapter 21, Article 2, Section 21-5 of the Hawai‘i County Code 1983 (2005 edition, as amended), relating to the use of a tent or a structure of similar type as a temporary residence while constructing a permanent dwelling unit.”

I find this bill objectionable for the following reasons:

  • It does not apply equal protection of the law to all citizens of the County of Hawai‘i.
  • It fails to state why only one district of Hawai‘i County would be subject to this bill.
  • It unfairly stigmatizes the District of Puna.
  • It could have adverse affects on neighboring properties.
  • It sets precedent for more laws written only for certain districts of the county.

Corporation Counsel Lincoln Ashida advised during your discussions of the bill that potential legal challenges could be addressed with a preamble to the bill explaining the compelling government interest with respect to the Puna District’s unique needs. However, Bill 103 does not include a preamble or other explanation for the need to single out the Puna District in this bill.

Since you passed Bill 103 on September 2, 2009, my office has heard from current Puna homeowners concerned about the county’s ability to enforce the bill and its potential for adverse effects, including declining property values and poor sanitation. They also ask why they would be subject to these potentially adverse effects but not their neighbors in other county districts.

Conversely, I have heard from county residents who do not live in Puna but who desire to live on their property legally while building a home. Yet, they would not have the same opportunity as Puna residents would have under Bill 130.

Because of the disparate treatment of county residents under this bill, it could be challenged in court and I would not want to spend County resources to defend it.

I understand the bill includes a three-year sunset provision that would serve to evaluate its effectiveness in Puna. However the bill can only be evaluated effectively for the Island of Hawai‘i if the pilot program is applied island-wide. If the pilot program is good for Puna, it should be good for all of Hawai‘i County. If not, no district should be subject to the bill.

I am unaware of any other Hawai‘i County ordinance that applies to residents of only one district. Thus, this bill would set precedent for new proposals that would apply only to certain districts or combinations of districts, creating an unwieldy collection of laws that would be difficult to manage and enforce.

Over the years I have been to Puna many times to speak at schools. In those visits I try to instill in our young people a sense of pride in their community. I ask them to strive for excellence in their lives, to encourage them to work hard to achieve their goals and dreams, and to help make Puna a better place to live for themselves, their families and their community. This bill would counter that positive message by suggesting that a lower standard is OK for Puna. We must set a uniform standard of law for our island that does not suggest that any district is better or worse than any other.

Thank you for the time and attention you have given to this important county issue.

For the reasons stated above, I must respectfully veto this bill.

BILLY KENOI

MAYOR

Once again, here is Council Woman Naeole’s Response:

naeole

September 27, 2009

Aloha Damon

Monday morning the Mayor is going to veto Bill 103, the tent ordinance. I will not be available tomorrow so I thought I would give you a heads up in advance.

This is my statement in response to the Mayor’s Veto:

From the very beginning, I wanted Bill 103, the tent ordinance, to be island wide. In the spirit of compromise with fellow council members, Brenda Ford and Dominic Yagong, who had objections about this ordinance being in their district and for fear of, according to Yagong, ‘tent cities springing up in my district’ I agreed to make Bill 103 district specific. It is this very compromise that our Mayor takes issue with and I respect the Mayor for that thought because my intention from the very beginning was to write an amendment to the building code not just for Puna but for everyone on the island who is serious about building their dwelling.

The Mayor has made it very clear that he considers this island as one and to sign this bill would be to set precedence that could give an opening for the County Council to design district specific legislation to suit their specific needs. The Mayor indicated to me that he is in agreement with the intention of Bill 73 in that it solves a challenge to home building and ownership and yet he must veto it anyway because it is not for the whole island.

Will there be another attempt to bring the matter before the people? As for the future, will I try again? It is too soon to say.

I would like to thank those who worked with my office on this issue and you know who you are.

Our island community is a unique place. As for bill 103, it is an attempt on my part to put mercy compassion and understanding into a portion of our code.

Again, I want to thank my cousin, our Mayor, for watching over the interest of the entire island.

Damon I am in Honolulu all day Monday and will not be available for comment that is why I had my staff type this up and get it to you so you can have my thoughts on the matter.

Lau Lima,

Emily I. Naeole

Council Member 5th District

Ocean Fish Farming with Kale Gumapac and Christina Lizzi

fishcage

Out of the Blue…  Open Ocean Fish Farming in Hawaii with Kale Gumapac (Kanaka Council) & Christina Lizzi, (Organizer, Fish Program at Food & Water Watch). Host Kat Brady (Life of the Land).

[youtube=http://www.youtube.com/watch?v=FOp61rKCb2E&hl=en&fs=1&]

To view the rest of the series, click here:

Pt. 2:

http://www.youtube.com/watch?v=Be-i8KNRIWE&feature=channel_page

Pt. 3:

http://www.youtube.com/watch?v=riAmXpAD3ys&feature=channel_page

Pt. 4:

http://www.youtube.com/watch?v=yU4t0rSDKw8&feature=channel_page

Pt. 5:

http://www.youtube.com/watch?v=5BX5APq0MG8&feature=channel_page

Pt. 6:

http://www.youtube.com/watch?v=PkY_gcMMgNc&feature=channel_page

Pt. 7:

http://www.youtube.com/watch?v=tuCwHYqylkA&feature=channel_page

Pt. 8:

http://www.youtube.com/watch?v=2ejMmIx3JVA&feature=channel_page

Pt. 9:

http://www.youtube.com/watch?v=cUe7uRg3MvA&feature=channel_page

Hawaii State Association of Counties Meeting is Today

I’m down here picking up some crafts from Ben Franklin and I noticed the following is going on today.

Submissions Now Open for 2010 Big Island Film Festival

BIFF2010

Submissions now open for 2010 Big Island Film Festival, which will run May 12-16.. You can submit through bigislandfilmfestival.com or through “Withoutabox”. Hawaii filmmakers or films shot in Hawaii get 25% discount, but ONLY if submitted directly to BIFF.  Narrative films only. No documentaries.   Early deadline is Nov. 1; regular deadline is Jan.1, 2010; late deadline is Feb.1, 2010. Lots of surprises for 2010 BIFF. Submit to one of the “Coolest Film Festivals”.

GENERAL RULES:

  1. In order for films to be considered the films must have been completed after January 1, 2009.

  2. Only narrative films are eligible. No documentary films will be accepted.

  3. The film may have been broadcast or have limited theatrical distribution commercially in the United States prior to the festival.

  4. All non-English films must subtitled or dubbed into English.

  5. The film must be submitted on NTSC DVD.

  6. The film must be available for projection in autoplay DVD with no separate soundtrack.

  7. A “short” shall be a film of under 30 minutes and a “feature” shall be a film 60 minutes or longer.

  8. The submitting person shall be either a producer, director or authorized agent of the film.

  9. By submitting the film, the producer, director or authorized agent affirms that the film has all necessary photo, product and music clearances and Big Island Film Festival, LLC shall be held harmless for any errors or omissions.

  10. Multiple submissions must be provided with entry materials as individual submissions. Multiple submissions on compilations on DVD are not accepted.

  11. Selection to the festival and selection of Golden Honu Award winners shall be determined by the Big Island Film Festival, LLC and/or it’s selection panel. If selected, unless notifying otherwise, permission is given Big Island Film Festival to exhibit the movie up to two times following the 2010 festival for promotional and/or charity purposes.

  12. All materials included on entry form checklist and non-refundable entry fee must be submitted to the festival by entry deadlines.

  13. Receipt of material will be acknowledged by email, as will selection for exhibition at the festival.

  14. No screeners and submission materials will be returned.

  15. If selected for the festival the applicant will provide a media kit to the festival no later than April 18, 2010. The media kit will include: 100 words or less biography of producer, screenwriter and director; at least one color production photo; news clippings (if applicable); poster (if available). This media kit should be provided digitally on CD. A film trailer may also be requested for promotional purposes.

  16. No airfare or lodging for filmmakers will be provided by the festival, although the festival may assist filmmakers in finding affordable lodging. Normal festival hotel and airfare discounts will be available to filmmakers, as well as all festival participants. Please do not take this as not appreciating filmmakers. Being a new film festival, the resources are not available to provide airfare or lodging our filmmakers.

  17. Please include a copy of your current Student ID if you are submitting for the Student Entry Fee rate.

How Many Times is This?

Anyone want to take a guess at how many times it will take to get Highway 19 paved correctly?

Good Morning From the Field

So today marks my first day out in the field doing the second part of our task.

We are starting it with a lovely crew meeting at Waiola State Park.

I wish this was a permanent gig.

UH Hilo’s Keola Donaghy Recognized by Governor Lingle for Innovation Awards

keola

Well this is too cool, I recently had the chance to meet UH Hilo Professor Keola Donaghy at a recent Big Island Internet Society Tweet Up, and I’ve been keeping in contact with him via twitter since then.

I even added his blog “Culture Hacks” to the FBI Blogs recently, but this buggah… he is so humble… I never even find out he was recently awarded a prestigious award from Governor Lingle until I read her Press Release!

Governor Linda Lingle today recognized six recipients of the Governor’s Innovation Awards for their ingenuity and commitment to developing creative ways for Hawai‘i to meet the challenges of the 21st century.

The recipients, three each for the months of July and August, include private sector organizations, government entities and private citizens. The winners have developed innovative solutions to challenges, invented and implemented new technologies with worldwide applications, and contributed to the creation of a stronger economic future for the state….

Innovation by an Individual:  Keola Donaghy

Keola Donaghy, an assistant professor of Hawaiian studies at the University of Hawai‘i-Hilo, has spent more than 100 hours translating the search terms that appear on the Google Internet page into Hawaiian.  Because of his efforts, Hawaiian has become the first native American language available through the “Google in Your Language” program.  Donaghy hopes the Google initiative is another step toward giving the Hawaiian language the same status as other major languages, particularly in the fast-moving information technology sector.

Governor Lingle Names Innovation Award Winners

Tonight: Keaau to Pahoa Highway 130 Meeting

Map of Proposed Project

Map of Proposed Project

The Highway 130 Keaau-Pahoa Advisory Group will be meeting again on TONIGHT at 5:45 PM at the Kea‘au Elementary School.

Our agenda will cover discussions on the Environmental Assessment (EA). A status update can be found below.

HDOT’s consultant team is continuing analyses needed to complete the Environmental Assessment (EA), as required by the National Environmental Policy Act (NEPA) and Hawaii Revised Statutes (HRS) Chapter 343. A number of team members have been out in the field. Here is the current status of this work as of late August 2009:

ENVIRONMENTAL ASSESSMENT:

SSFM International is responsible for producing the EA document and for designing the roadway to a preliminary design level that can be studied in the EA. The preliminary design is continuing and is expected to be completed within the next several weeks. The EA document is being produced as portions of the analysis are completed.

TRAFFIC ANALYSIS:

Roger Dyar, the traffic consultant, is continuing with the traffic analysis for this project. He has been modeling traffic intersections, roundabouts, travel speeds and performance of the roadway along Kea‘au-Pāhoa Road. The five project alternatives are being considered for both AM and PM peak hours, and for different years of analysis. Addressing safety and existing deficiencies are an important part of his work. His traffic data will influence the design of the roadway, and it is also needed to model noise and air impacts.

SOCIOECONOMIC STUDY:

Earthplan, the subconsultant for socio-economics, has begun drafting its report on demographics and socio-economics in the study area. They are currently conducting interviews with members of the community as part of their analysis. Their study is expected to be complete by the end of the summer.

AIR QUALITY:

BD Neal and Associates is studying the air quality effects of the project, and will be performing modeling of air quality using computer models approved by the EPA and the Federal Highway Administration. The analysis will determine if future air pollution would exceed federal or state standards. The modeling will be performed once traffic data is fully completed.

NOISE IMPACTS:

DL Adams and Associates is evaluating noise impacts from the project. They will be taking measurements of existing noise levels and predicting future noise levels using a computer model created by the Federal Highway Administration. This analysis will be performed once traffic data is fully completed.

BOTANICAL RESOURCES:

Geometrician Associates completed their field study of botanical resources in the corridor, to document if any threatened or endangered plant species are present in the corridor. Their report is currently under internal review.

FAUNAL AND AVIAN SPECIES:

Rana Environmental Consulting completed fieldwork in the corridor on fauna to determine if the project will have an impact on threatened or endangered species, particularly birds or bats. Their report is currently under internal review.

AQUATIC RESOURCES:

AECOS studied aquatic resources and water quality associated with surface waters found in the corridor in early summer by completing fieldwork earlier this summer and documenting their findings of resources in a draft report that is currently under internal review.

HYDROLOGY:

CMF Engineers is studying drainage in the corridor and helping our designers ensure that the project will improve drainage problems and not create new drainage problems in the corridor. Their findings will also document the impacts of the project on floodplains. The hydrology report will be available after the completion of the project design.

ARCHAEOLOGICAL RESOURCES AND CULTURAL IMPACT ASSESSMENT:

Cultural Surveys Hawaii performed fieldwork to search for archaeological resources in the study area. They are also conducting a Cultural Impact Assessment of the corridor to document the anticipated effects of this project on traditional cultural practices by interviewing local members of the community with information on these practices. The draft archaeology study is almost completed pending receipt of information from the State Historic Preservation Division. The Cultural Impact Study has been progressing and will be completed around October.

UTILITY RELOCATIONS:

MK Engineers is assisting the project designers in determining the effects of the project on utility relocations. They are also involved in estimating the electrical construction costs of the project. The utility relocations analysis will begin when preliminary design is complete in September, with the utility relocations analysis completed several weeks later.