Report From Peter Klika, Esq.

Aloha,
Sorry for the delay. I've been preparing for a mountain expedition to Nepal. I leave Tuesday and have been a bit crazed with last minute details. There will be an article in the next Kohala Mountain News  about the committee's work to date. The short version is that about six potential new sites are being considered all of which are west of Hawi Hill Road. In addition, expanding the existing facility is still an option but may not be the best site for way in the future as the community grows. The old proposed site near Ainakea remains off the table but a very remote possibility if there are no other suitable sites. I am confidant there are other more suitable sites and will never support  the old proposed site which is too close to Ainakea and unsuitable for many other reasons. I will return in mid-May and it is unlikely I will be able to add any additional information until then as I will have no way to communicate from Cho-Oyu basecamp. Aloha. Peter .

From Which Corner Of The Mouth Should He Speak, Asked The Man?

Aloha,

Due to my car's battery problem (needed charging), I arrived approximately at 11:45 a.m. at the February 19th meeting of the 'NK_CDP ‘Annual Community Meeting’.  My Battery’s timing was perfect, within two minutes of my arrival, the chairman of the CDP, Bob Martin, explained to the audience that the selected site for the waste facility is, for now, on hold, due to the rejection by the community, and they are trying to revisit this subject by looking for an alternative site someplace else.  He figured this very difficult task should be complete by June of this year.  He complained about shooting of the messenger is going on, and plenty of not in my backyard, etc.

Speaking of backyard, most of the individuals, if not all, living near the present waste transfer station, are the very ones, desperately trying to get it out of theirs.  And, as Peter Klika so aptly stated Nov. 10, 2010 at the WasteStream meeting, these folks will gain in their property value, if they can pull it off, while Ainakea property values will drop by 25%, in his opinion, as a retired land attorney.  And, Peter knows what he is talking about. When these folks bought their homes, the transfer station was already there, so they made a conscious decision to move there anyway, whereas, folks in Ainakea had no transfer station near them when they bought their homes.  See the difference?  Very likely, some folks in Ainakea would not have bought property near a waste processing station.  Granted, some folks like the ones pushing for moving the existing station now, would have perhaps bought anyway, and like others, would have gotten the property cheaper because of it.

Bob Martin next invited comments from the audience, and when it was my turn, I asked him, that in light of the overwhelming rejection of the current selected site, near Ainakea, is he now prepared to remove this site permanently from the list?  He said, that he simply shelved this site, but is not prepared to remove it from the list.  I then asked him, if you are unable to find another suitable site, are you prepared to go back to the current site near Ainakea, despite the fact that in a democratic society the will of the majority should prevail?  He gave me a smirk, and said probably not.  I told him that he is now talking out of both corners of his mouth.  He then asked me from which corner of his mouth I want him to talk.  I refrained from answering this silly comment.  How about talking straight for once.  What is going on here borders on mental cruelty.  If they probably would not go back to the original site selected, as stated, why not take it permanently off the list?  Two reasons could explain their position.  One, they have no intention to abandon the current selection, or  they enjoy seeing the community anxious about this issue?  By God, what power we have, they must be thinking.  It will be interesting to see, if they can match the power of the EPA.

When I asked him, what happened to the good plan they had in 2008, he answered, I will tell you in private, but I am not prepared to state it in public.  I just love this kind of reply; it shows the true 'Modus-operandi' of this organization.  Heavens forbid, the public should have this kind of information.  And, this kind of thinking is the reason why Hawaii  enacted the 'Sunshine Law', and our Government put into the books a law, known as the 'Freedom of Information Act'.  Needless to say, I am not interested in hearing this hidden information in confidence, for I would surely share it with the public at large.  How condescending was that, as far as the wider audience was concerned?  What autocratic and arrogant behavior this organization displays, again and again.  Finally, Bob Martin invited me to join them, to which I replied, “I will join you under one condition, that you remove the site near Ainakea, permanently.”  He declined, and one of his followers, shouted, ”thank you very much!

CDP/WasteStream, I invite you to prove me wrong, but my instinct tells me, we will have a dog and pony show until June, and then guess what?  We will be right back to the site near Ainakea homes, it will again be the only suitable site, but only according to some interested parties, who will benefit from the destruction of the quality of life in our community, a community they so very much care for, so they say.  But, actions speak louder than words.  Do we really all look that stupid?  And no, I did not stay for lunch; I came for answers and not lunch.  All this double talk dished out was more than a sane person can stomach.  Of interest to note is also that the CDP was well protected by two able-bodied security officers.  I don't know about them, I felt pretty secure.

 Now is the time to write to the EPA, as suggested in my earlier blog; don't wait till June.

The Environmental Protection Agency Is Taking Notice Of Our Concern

Aloha,

I just recently received a response from the upper management of the EPA, and our "important environmental justice concern" is being forwarded to the Environmental Justice Liaison for Hawaii.  I will stay focused on this avenue, unless either WasteStream or New Moon decide to play by the rules, and respect the overwhelming rejection of their site selection, by the affected community.

The following is a partial quote from EPA's email to me.

"You raise important environmental justice concerns about the proposed facility and community.   I am taking the liberty of sharing your email with our Region 9  Environmental Justice Office.  Debbie Lowe is our Environmental Justice Liaison for Hawaii and can be reached at 415 947-4155.  She is familiar with the Executive Order 12898 and may be able to answer your questions about the order and the crucial community concerns you raise."

It is still not too late to write to the EPA yourself, and add your own voice to this issue.

Please write to Ms. Eileen Sheehan, USEPA REGION 9, at Sheehan.Ei​leen@epamai​l.epa.gov
From feedback , it is obvious only very few of you have done so already.  Come on Guys, this is all our fight, don't just watch what few of us are doing, get in on the action, now.

Some of the interested parties from the other side, have others spread rumors saying, we were told (by so and so...), it will never happen.  All this is designed to lull us into a false sense of security.  Remember, the "Main Players" with whom I have communicated in the past and with one in the recent past, in writing, have thus far refused to come out and say it themselves.  What does this tell us?  You are right, ... they are probably still cooking this mess, waiting to serve it to us, just a little later.

Just a short example of how  the NKCDPAC play their game, their June 10, 2010 meeting minutes clearly reflect the following:

"It is agreed that the public would not be invited to our meetings at this time ... we need to build a firm foundation and get down to business and then decide on when and how to involve the public."

And, this in total violation of Hawaii's Sunshine law (enacted over 10 years ago), which distinctly prohibits these kind of meetings, out of the sunlight. 

A Short Dance With The Mayor At The North Kohala Senior Center

Aloha, and Happy Valentine to all of you!

Today I had the pleasure to dance and speak with the Mayor about our issue.  Dance with the Mayor?  I will explain later.

The Mayor was the surprise guest at the Senior Center, which was hosting a Valentine party today; there was dancing and singing, and many door prices were handed out.  In the midst of this activity a special Valentine was announced, and in came Billy Kenoi the Mayor of Hawaii.  Apparently, none of the seniors were told beforehand that the Mayor will be speaking at this gathering.

The Mayor talked to us about his family background, and the fact that we are all one family here on this Island of Hawaii.  His mother came from the mainland, and his wife, whom he met on the mainland came from Japan.  He told us that his father, a big Hawaiian Teddy Bear according to his mother, told him, "son think and feel before you speak, this way you will speak not only with your brain, but also with your heart".  The mayor, unlike your average politician, did not speak from notes, but spoke from the heart.  He learned his father's lesson well.

Billy Kenoi explained to us some of the hard choices he has to make in light of the current economic conditions.  He shared with us some of the conversations he had with people who have been through rough times on the Island, before he was born, and they all told him that those hard times were not nearly as bad as the current economic situation.  While the Mayor was giving us some insight into his world, as the Mayor of this Island, the MC of the senior center had other ideas,  he interrupted the major by announcing, that anyone wishing to dance with the Mayor could do so by paying a dollar.  And, since I was anxious to speak with the Mayor I forked over my dollar and stood in line, with a host of ladies, to dance with the Mayor.  While the Mayor and I were kind of dancing, I discussed with him very briefly our situation regarding the planned waste facility near Ainakea homes.  The Mayor is still under the impression that this site was selected by the community; I told him the opposite is the case, the community actually rejected this very site.  And, while nothing was settled during my one minute dance with him, he promised to discuss this issue with me further later on, at some other time.

I, for one, was impressed with his style of speaking, his candor, and had he not been ushered away from his talk so soon, I am sure we would have learned a lot more.  I can hardly wait to continue my conversation with Billy Kenoi, the Mayor, who, apparently, thinks and feels before speaking.

WasteStream attempts to avoid the Sunshine Law of Hawaii

Following my telephone request to have WasteStream’s meeting notices and agendas mailed to me, I received Sunday evening a call from a WasteStream member, who informed me that I mistakenly assume that WasteStream is subject to the Hawaiian Sunshine law, as they are just a citizen group, having nothing to do with the county, per se.

In an article published in the Kohala Mountain News, published October 23, 2010, WasteStream said the following:

“WasteStream is a grassroots group … and working with the County Waste Management Division to increase the number of recycling options at the current transfer station.”

“Our organization is not a county decision-making body.  We are an advisory group to the county and are involved because we care deeply about these issues.”

“In 2007, the county asked WasteStream Kohala to undertake an extensive search for a new transfer station site in the community.”

Now let us look at the law.  Ref. Part I of Chapter 92,
Hawaii Revised Statuteshttp://www.state.hi.us/oip/6aug08%20Sunshine%20GUIDE%20complete.pdf

“Unfortunately, there is no list that specifically identifies the
boards that are subject to the Sunshine Law. As a general
statement, all state and county boards, commissions, authorities,
task forces and committees that have supervision, control,
jurisdiction or advisory power over a specific matter and
are created by the State Constitution, statute, county charter,
rule, executive order or some similar official act are subject to
the Sunshine Law. A committee or other subgroup of a board
that is subject to the Sunshine Law is also considered to be a
“board” for purposes of the Sunshine Law and must comply
with the statute’s requirements.”  Emphasis added.

By their own admission, shown above, WasteStream is “an advisory group to the county”, and as such has an “advisory power over a specific matter”, selecting the site for a new transfer station.  They further admitted, that "the county asked WasteStream Kohala to undertake an extensive search for a new transfer station site in the community".  Moreover, since this affects a great number of residents, their meeting notices and agendas must be made available to the public, and they are most definitely subject the requirements of this statute.

"The notice of the meeting must include an agenda, which lists all of the items to be considered at the forthcoming meeting, the date, time and place of the meeting, and if an executive meeting is anticipated, the notice must state the purpose of the executive meeting."

Further,
"The agenda must list all of the business to be considered by the board at the meeting. It must be sufficiently detailed so as to provide the public with adequate notice of the matters that the board will consider so that the public can choose whether to participate. For anticipated executive meetings, as noted above, the agenda must be as descriptive as possible without compromising the purpose of closing the meeting to the public and must identify the statutory basis that allows the board to convene an executive meeting regarding the particular matter."

“The statute requires the board to maintain a list of names and
addresses of those persons who have requested notification of
meetings and to mail a copy of the notice to those persons at
the time that the notice is filed.”

“If a board files its notice less than six calendar days before the
meeting, the meeting is cancelled as a matter of law and no
meeting can be held. The Lieutenant Governor or the appropriate
county clerk is to notify the board chair or the director
of the department within which the board is established of the
late filing, and the board must post a notice canceling the meeting
at the meeting site.”

Considering the foregoing, please continue to call WasteStream, at 889-5025, and request meeting notices with agenda by mail.

WHAT IS WRONG WITH JUST BEING REACTIVE?

Aloha,

Just being reactive allows trouble to brew and eventually bubble to the top, thus confronting us by surprise, and many times our efforts then must be Herculean to stop an unwanted event.  It makes much more sense to educate ourselves, by being in tune with our community at all times.  Let us listen, and observe what is happening around us; let us be informed about rules of law, about rights or obligations we have with respect to our community.  Let us not lose focus once we are confronted with an issue, and let us stay the course.  Usually, confronting forces just have to wait until public interest is waning, in order to strike again; let us not succumb to such a scenario.  Our web-site and Blog have only one purpose, namely, to inform our community, so that we all know what is expected of us, and what interest groups can do to us, and what they cannot, according to the rules of law.

Had we as a community been more diligent in our observations our current dilemma would have never risen to the level it is now.  We could have spoken out much sooner.  While it is true, much of WasteStream’s deliberations did not see the “sunlight”; somebody in our community probably had an inkling, and did not think much of it.  In reality, no community can keep a secrete for that long.  But, we as people tend to wait and see if a potential problem really raises its ugly head.  We can always react then, so we tell ourselves.  In so doing, we not only do a disservice to our community, but also to the designers of nutty projects, because we lead them to think, that we, the community, don’t care or way or another.  We would be more helpful to them, by letting them know right from the start that their plans are not appreciated by us.  It would save them energy on the spot, and us later on.

Had we, as a community, been aware, for example, of the requirements of the ‘sunshine law’, we could have requested from WasteStream agendas for all of their meetings, further, we could have requested that meeting notices are mailed to us, at least 6 days prior to their meeting.  But, we did none of it.  In our defense, we could say, we are too busy to bother, but that just does not cut, does it?

We still have a few people on our email list, who can’t be bothered to keep themselves up-to-date on the issues, it appears; this should not be so.  Keeping up with the issues involved will, to some degree, make up for the fact, that we were initially asleep at the switch.

To request the mailing of meeting notices, including mandatory agendas, please call WasteStream at 889-5025.  I did, and left my name and address on their voice-mail.  Let us make an effort to attend their meetings, whenever we can.  I look forward to your comments; please add them to this blog topic, under "Post A Comment".