Tag Archives: Choon James

Turtle Bay Resort – Kuilima Developments in Kahuku, Oahu, 96717

There are new projects coming through the pipeline. There is a long history to this location.

Looooong Story very short. Here’s my take on this current situation:

Developers are going to do what they’re going to do. It’s corporate behavior. Developers will implement every tool in their tool chest to achieve their agenda.

What we the public expect of our governmental leaders and bureaucrats is to protect the public good and public interest. We want the Mayor, DPP Director, City Council, City Council District Representative, the State Transportation Department, and those employed by taxpayers to be akamai and to leverage for us the residents and taxpayers who will live and pay for the impacts.

To me, at issue is how the City and County of Honolulu is going to mitigate the 1986 Unilateral Agreement from then KDC – Kuilima Development Corporation. Here is the attached Unilateral Agreement with good explanations.

How are the Mayor and the City Council going to ensure that these community benefits and agreements to infrastructure and impacts on this region going to be met?

Too often, we have out-of-state interests come, exploit, and destroy our island home to their benefit. Then, they go back to where they come from with their profits. They leave behind the liabilities and impacts that the local residents have to carry. They increase gentrification. They use the right buzz words like “affordable housing”, “jobs”, “conservation practices” and so on.

It’s not lost on us the Utah-based Arete Collections has been very resolute in laying the foundation for their agenda, preparing its projects and trying to get favors. It’s their right to do.

It’s not lost on us that the current Chair of the Ko’olauloa Board, Pane Meatoga III, is also the Chair of the Honolulu Planning Commission ( nominated by Mayor Rick Blangiardi, Laie Community Association Board member, representative of IUOE Local Union #3 know as OPERATING ENGINEERS UNION.

Also, Pane Meatoga III, as part of his employment, testifies often at the State Capitol and City Council on his employer’s behalf. We are all entitled to Free Agency; we all choose the paths we wish to take.

All we’re asking is that there is fairness and no conflicts of interests. We expect our elected representatives to all governmental positions to advocate on our behalf for the public good and public interest.

Choon James for Mayor 2024

In a world of Tic Tok and Instagram 30 seconds soundbites, here are some more reading for those of you who are interested in more information for this Elections.

Im sharing a few excerpts from various printed sources. Choon James for Mayor.

COMMUNITY ORGANIZATIONS/PRIOR OFFICES HELD

Oahu General Plan Working Group; Hawaii2050 Working Group; Koolauloa Sustainable Communities Advisory Planning Committee; Hospital board member; Defend Oahu Coalition–Keep the Country Country; Laniloa Point Community Association, president; Laie Community Association Board; BYU-Hawaii Alumni Association, president; BYU-Provo Alumni Board; Save Oahu Farmlands Alliance; Redhill Water Alliance; Hawaii’s Thousand Friends; Sierra Club; Amnesty International Freedom, writer; Olelo Community Media; CountryTalkStory.com; Friends of South Pass City; International Relief Society Women’s Organization; Young Women Group; Children’s Primary Organization, president; Aloha Council BSA, merit badge counselor; pro bono real estate advisor; immigrants volunteer tutor.

1. What’s the biggest issue facing the City and County of Honolulu and what will you do about it?

Oahu has an oligarchy that holds the power, money, opportunities and decision-making. Too many decisions are made against local residents’ best interests.

Residents are frustrated with the disconnect at City Hall. Property taxes escalated exponentially. Rail costs are out of control. Residents work two to three jobs. Seniors work to survive. Businesses and communities do not feel safe. I’m from Singapore and I know what a safe, clean, beautiful, efficient and thriving city is.  

City Hall cannot be managed by social media narratives that the oligarchy wants us to hear.  

3. In Hawaii, the term affordable housing has lost its meaning. What would you do to help people buy homes or move into rental units?

Change begins with questioning. How many billions of dollars has Oahu received from the federal, state, county and private funding for the past 10 years?

Is Oahu obligated to provide “housing” for every resident who comes here?

What is the definition of a “Hawaii resident”?

How “affordable” is “affordable”?

Short-term “bandage job” or long-term planning for housing?

Why is the “affordable” Kokua Hale building struggling to get renters in Chinatown?

The “Singapore Housing Model” is often quoted by politicians in Hawaii. Singapore has a Central Provident Fund for Education, Health and Housing. All employees pay into this fund. The Singapore government invests this fund and pays positive annual dividends.

Note that Singapore does not have lobbyists or developers or unions as their middleman in its housing agenda.

There is no one magic bullet to “affordable” housing. This is a worldwide problem. Oahu competes with international and out-of-state rich investors due to the U.S. Constitution.

I’ve been in residential real estate for over 30 years. There are preparations needed for qualifications into homeownership or rentals.

“Putting residents first” also means local building. Financial and real estate industries have first opportunities, not out of state, to help Oahu’s housing needs.

5. What should be the future of the Honolulu rail project? How do you to resolve this seemingly endless drain on public money and continuing delays? Should the line continue to Ala Moana as originally planned and how will you keep operating costs under control?

I’m from Singapore and appreciate its efficient rapid transit and related multi-modal transportation.

Rail needs a major re-assessment. As mayor, I will gather all stakeholders back to the roundtable. Independent contracts, legal, cost-analysis, engineering, budget experts and others will be invited. The public will have its say.

There are no sacred cows. No hiding behind or blaming FTA. I have zero donations from lobbyists or PACs. I can be 100% independent.

No managing Skyline through public relations handlers and insulting the public intelligence.

Natalie Iwasa, CPA and certified fraud examiner, and I have been at this for decades. We know what’s going on.

One tragic part of this boondoggle is Oahu can develop “transit-oriented developments” (TOD) without this fiscal black hole.

The city can create “special districts” for developments. Our local construction and building industries can benefit more without this financial albatross and without losing contracts to foreign players.

Oahu cares about climate crisis issues. But the inconvenient information — portions of the route from Middle Street to Ala Moana Center are in the Honolulu sea level rise inundation zone — is ignored. Why?

Oahu needs transformative leadership for our residents first. Our children must not suffer for our mistakes. Let’s work together.

 What should be done to improve policing and police accountability in Honolulu? Should oversight of the police department be strengthened or reformed?

We love our HPD and other emergency personnel. We cannot pay them and their families enough for their public service. These warriors put their life on the line for public tranquility and peace for our communities. They deserve gratitude and respect.

We want our HPD and other emergency personnel to return home in peace each time they step out of their door.

We must provide them with all the resources and training needed. There can be bad apples in every organization. We must deal fairly and legally with alleged wrongdoing with the Police Commission and SHOPO. We all want to protect and safeguard the public trust in these institutions. No corruption can be tolerated.

Oversight and reform is a constant. We must always assess and improve.

This includes working with the prosecution side. The revolving door between crime, arrest and release is frustrating the public and HPD to no end.

Additionally, we must always focus on root causes of crime and other unrest for preventative measures. Residents, businesses and visitors deserve a safe environment. We must all work together to ensure a safe, prosperous and thriving Oahu. We can.

It’s becoming increasingly difficult to fill vacancies on the police department, the parks department and in many other city agencies. The city is struggling to provide basic services. What would you do to solve this problem and attract qualified people to fill essential services?

I’ve been advocating for public interest at Honolulu Hale for over 20 years. 

This “vacancies” angst has been a constant concern all this time. On the other hand, residents say they don’t get a response or they can’t seem to get an interview.

It’s our 10,000 workers who keep the city in operation. The mayor provides the direction and culture. The mayor could be on vacation and not be missed. 

I will always be respectful of all our city employees. I will always support them in their efforts to make Oahu a safe and efficient place. My door will always be open to their ideas and concerns.

The pay and benefits package is a big consideration. The culture and working conditions are also important.

Over $712 million is earmarked for the Honolulu rail this Fiscal 2025. Imagine when we can contain the rail costs and take care of our employees better.

Civil Beat pseudonym Keala_Kaanui regurgitates his falsehoods about the Hauula Fire Station Relocation Project again. What’s the motive?

It’s Elections Time again! Civil Beat allows Candidates to answer their questions.

Choon James’ answers to Civil Beat’s Questions & Answers can be found here.

What is puzzling is that pseudonym Keala_Kaanui, perhaps the most prolific daily commenter for Civil Beat, is allowed to continue to post fake news like this:

Keala_Kaanuii: The great irony of someone lauding the first responders, who spent a good five years trying to prevent the City from building a badly needed new fire station because she realized she could have negotiated a higher price for her vacant parcel of land after she had signed the contract. Choon forced the city to spend thousands of dollars to condem the property after she tried to back out…

But, here is a quick summary collected by a supporter:

Hawaii Fire Station Relocation Controversy YOU-TUBE #1.

This youtube is a must to watch. Once you watch this, you will get how off-base Civil Beat pseudonym Keala_Kaanui continues to be.

The Hauula folks were authentic in their opposition towards this project. Choon James sided with the Hauula folks. There was no legal contract to sell to the City.

The Honolulu City Council deleted the budget for this project for five years. Yet Mayor Caldwell fought on. In the end, the Hauula folks even correctly predicted who the contractor was for this project.

The community of Hauula did not want a new fire station that the Laie Community Association was pushing and testifying for. Hauula felt that it was a public facility checklist for Laie to pursue more developments like Envision Laie. Public facilities like a fire station is not a profiteering project. Just like the Kahuku Police Station is not a profiteering project.

Hauula wanted to keep the two remaining Commercial-zoned parcels for Recycling and small business. They and the homeless people depended on the Recycling. The homeless would collect in the area and then buy themselves a hot meal with their profit.

“Public Use” can also be very arbitrary. In the case of the Hauula Fire Station Relocation in the rural town of Hauula. The people overwhelming were against it. But Mayor Kirk Caldwell bullied his way through despite the city council of Honolulu continuously deleted the funding.

Hawaii needs to know that Mayor Kirk Caldwell SECRETLY siphoned $1.4 Million (in August 2014) from Community Development Block Grants (CDBG) funds for homeless shelter renovations such as Hale Pauahi in Chinatown to “plan and design” his Neiman Marcus firehouse in rural Hauula.

The City Council had deleted and defunded the extravagant project for 5 years but Caldwell is fixated on this $13M relocation project that will not increase personnel or area of service. The relocation project will decimate the last two commercial lots that locals want to keep for Recycling as well as other business start-ups. Ironically, the homeless in Hau’ula sustain themselves by recycling daily to buy themselves a hot meal. Caldwell governs by misguided agenda, not sound public policy.

Condemnation Honolulu Style – You-Tube #2

This is another compulsory watch.

Honolulu City Council adopted Resolution to condemn two commercial lots on February 24, 2010. This process was advanced in 42 days. It’s Hau’ula today, are you next? Do you live along the Rail Transit route?

UPDATE:  The legislative Honolulu City Council has not funded the project since 2011. But Mayor Kirk Caldwell is still pursuing eminent domain by alleged necessity in court. http://www.kitv.com/news/1200-signature-petition-protests-plans-for-new-hauula-fire-station/25103002#!bmO9B4 The city ‘expert witness’ is saying they need a fire station to bring in bigger – from 8′ x 25′ to 8′ x 32′  fire engines! Hello! The garbage trucks are already having a tough time with our country roads. This is going from ‘ridiculous’ to ‘insane’.

Update: May 15, 2010 Mufi Hannemann city corporation attorneys have filed lawsuit against owners for possession of the land.. Owners have filed lawsuit against city. What a waste of taxpayers’ money in today’s budget crisis!

Update: Owners subpoenaed city officials but Mufi Hannemann’s attorneys quashed on basis that public officials are very busy; owners are a nuisance, harassing and inconveniencing these officials. Ironically, on their way home to Hauula, owners saw Bryan Mick – City Community Relations sign-waving for Mufi Hannemann in front of Nimitz City Mill at 11:34 am August 11, 201

Here’s more information:

Woman Criticizes Honolulu’s Government, Has Her Protest Signs Bulldozed

Nick Sibilla Senior Contributor Institute For Justice

Updated Sep 1, 2014, 10:36am EDT

This article is more than 10 years old.

How people respond to criticism can reveal a lot about their character.  Some might try to debate or reason with those they disagree with.  Others prefer to ignore critics.  City officials in Honolulu take a different approach: They use a bulldozer.

Choon James is a successful real estate broker with over two decades of experience in Hawaii.  But the city of Honolulu is seeking to seize property she’s owned for almost a decade to build what she calls a “super-sized” fire station in rural Hauula.

Since January 2010, she has put up signs to protest Honolulu’s use of eminent domain.  These signs declare “Eminent Domain Abuse: Who’s Next?” and “YouTube Eminent Domain Abuse—Hawaii.”  For more than three years these signs have been up without any incident.

Bulldozing Free Speech

But now the city is showing a callous disregard for Choon’s freedom of speech.  Back in May, Honolulu seized two of her eminent domain protest signs.  Without her consent, city employees went onto the property and seized and impounded her signs before damaging them. Even worse, the city slapped her with a notice for trespassing, for property she is trying to defend in court.

After these signs were torn down, Choon placed three more signs there.  These lasted just a few months before the city once again seized the signs.  This time, Honolulu was much more dramatic.  On October 18, city workers, backed by police officers, squad cars and a bulldozer, came by and literally bulldozed those protest signs.

The city’s actions show a shameful lack of respect for the First and Fourth Amendments.  Citizens have a right to protest government actions.  The First Amendment was enacted precisely to protect citizens who criticize the government from retaliation.  Lawsuits challenging Honolulu’s unreasonable seizures and chilling attacks on free speech are now pending in federal court.

Unfortunately, Honolulu is not alone in trying to silence critics who question eminent domain.  The Institute for Justice has represented citizens in St. Louis, Mo., Norfolk, Va., Tennessee, and Texas who protested abusive property seizures and faced censorship.  Out of these four cases, IJ successfully defended free speech in three cases, while the fourth is currently in litigation.

After 24 of his buildings were taken by St. Louis, Jim Roos painted a giant mural on a building he owned advocating “End Eminent Domain Abuse.”  But St. Louis labeled the mural an “illegal sign” and wanted to force Jim to remove

the sign (and stifle his right to protest) or face code violations.  He teamed up with the Institute for Justice and sued the city.  In a major win for the First Amendment, in July 2011, the Eighth U.S. Circuit Court of Appeals ruled in favor of Jim and allowed the mural to stay up.

In a similar vein, IJ has defended grassroots activists from a frivolous defamation lawsuit and protected an investigative journalist’s right to free speech from a vindictive private developer.

More recently, the Institute for Justice is suing the city of Norfolk for trying to squash a small business owner’s eminent domain protest sign.  The Central Radio Company,

a repair shop, has been in Norfolk for almost eight decades.  But Norfolk had plans to seize the property with eminent domain for a private redevelopment project.

To protest, owner Bob Wilson displayed a huge banner on-site.  The city responded by telling Bob he had to take down the sign or face fines of up to $1,000 per day.  Fortunately, the Virginia Supreme Court unanimously struck down the city’s attempt to seize Bob’s land; his free speech case is still in federal court.

As the cases make clear, courts routinely respect Americans’ First Amendment rights.  Honolulu should do the same.

Nick Sibilla

I’m a policy wonk and legal correspondent with a decade of experience analyzing and reporting on legislation and court cases. 

Outside of Forbes, my work has appeared in The Atlantic, The Washington Post, The Wall Street Journal, The New York Times, Slate, Wired, Reason, and numerous other outlets nationwide.

As Mayor, I will re-assess the Honolulu Rail Skyline with Independent Experts

This project started in 2006 at the price tag of $2.7 BILLION. It’s filled with gross mishaps and mismanagement. The price tag is now around $12 BILLION and incomplete.

We must stop social media games and be honest with the Public. Status Quo will not cut it. The Rail Skyline is out of control. The Maintenance & Operations costs are unclear. If we do not control and reset these project costs, our children will pay for today’s mistakes.

My trusted friend Natalie Iwasa, CPA and Certified Fraud Examiner, and I have been participating and observing City Hall for the last two decades. We know the good, the bad and the ugly.

The 2012 Porter Report warned the city that it could not support both the Rail and its core services. The city ignores these warnings but continue to engage a “sunk-costs” Status Quo. 

Mayor Blangiardi does not tell you that over $712 million was approved for Rail for 2025 city budget. Every year, big chunks of money are eaten up by rail but the Mayor has not told you about it, has he?

Portions of the Rail from Middle Street to Ala Moana Center is in the Honolulu Sea Level Rise Inundation Zone.

Why are we ignoring the City’s own data? 

Why is the city throwing hundreds of millions ( and billions) of dollars into this without further consideration?

Hawaii turns into autocratic China

Governor Josh Green’s “Emergency Proclamation” (EP) for “Affordable Housing” is getting more alarming.

Basic protections like the Sunshine Law and Public Participation are suspended in the name of “affordable housing crisis”, to expedite development processes and alleviate the state’s acute shortage of housing units. The EP is good for twelve months. Then what?

Here is the fine print of the Emergency Proclamation.

The “Emergency Proclamation” was signed by Hawaii’s Governor Josh Green on July 17, 2023 in the name of providing “affordable” housing.
The Chief Housing Officer (LHO) is the Central Party – the EP allows the LHO to make decisions “without being certified by the Build Beyond Barriers Working Group”.

Here is a copy of Hawaii Sierra Club Director Wayne Chung Tanaka’s observations of the first “Build Beyond Barriers” meeting at the Hawaii State Capitol in August 2023.

” Takeaways:

The “Build Beyond Barriers Working Group” Chair, Nani Medeiros, unilaterally suspended ALL PROVISIONS of the Sunshine Law, despite having no justification to do so. Meeting facilitator Scott Glenn and developer consultant Trisha Watson actively sought to suppress any discussion about the illegal, non-transparent nature of the Working Group’s first meeting.

Earthjustice attorney David Henkin was ejected from physically observing the meeting even after being told he could attend as a member of the public, and had the sheriffs called on him by the Governor’s deputy general counsel Jeremy Lakin.

Because there was only one microphone for a room of 30-plus participants, the Facebook livestream of the meeting was largely inaudible.

Nani Medeiros confirmed that she, as the “Lead Housing Officer,” had authority to approve any project that received any state or county waiver or exemption, or that used any state or county financing, funds, or lands. Such projects would be eligible to proceed without complying with the laws suspended by the proclamation – and without any Working Group approval, review, or notification.

“In a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public’s interest.” – HRS Chapter 92 (a.k.a. the “Sunshine Law”)

The first “Build Beyond Barriers Working Group” meeting was held on Friday, and the situation with the Governor’s emergency housing proclamation is far, far worse than I had thought. While there was scarcely time for questions during a meeting largely taken up by performative introductions, Working Group leadership made clear that they had no regard for transparency or the law – even as described in the proclamation itself. Previously, I had written my concerns to Working Group chair Nani Medeiros, regarding the apparent suspension of the Sunshine Law. I had observed that the meeting had not been posted to the state calendar with the required six days’ notice.

Nani confirmed that she had decided to unilaterally suspend the notice requirement of the Sunshine Law. Her excuse pointed to logistical issues that needed to be resolved first – namely, coordinating flights for neighbor island working group members and members of the island burial councils (only one burial council member, from Molokaʻi, would end up attending – via Zoom), and finding table microphones so that “sound distribution is strong for participants and observers.”

Nani wrote that she was “committed to making these meetings accessible to the public, even if it means personally investing in equipment” (emphasis added), and promised that the meeting would be posted on the state calendar once all the details were set.

The meeting was never posted on the state calendar, and the information sent to news media for the public to observe the meeting online had the wrong time. When Working Group members arrived at the Governor’s conference room Friday morning, there was only one microphone, tethered to a conference phone by a cord not much longer than six feet, to be shared by some thirty-odd people.

Needless to say, the meeting was largely inaudible to the Facebook Live viewers who were able to find the correct link.Before the Working Group meeting began, a member of the public who wished to quietly observe in person – environmental attorney David Henkin, no less – was ejected by the Governor’s deputy general counsel, Jeremy Lakin. Jeremy even went so far as to call the state sheriffs, rather than contemplate the legality of his action.

Apparently, the public observation provisions of the Sunshine Law had also been suspended for this meeting, in addition to its public notice requirements. Public input requirements were obviously also suspended.

I immediately attempted to ask for clarity about what provisions of the Sunshine Law had been suspended, since the emergency proclamation itself only allows for the suspension of provisions of the Sunshine Law to the extent needed for “expeditious action, decision, or approval.” Posting notice on the state calendar, and allowing a member of the public to quietly observe in person – both requirements of the Sunshine Law – would not delay any conceivable actions, decisionmaking, or approvals.

(In fact, it turned out there also was no action, decisionmaking, or approval whatsoever during the meeting that would justify any Sunshine Law suspension under the proclamation, despite Nani’s prior written (and false) statement that there would be “important decision-making processes taking place.”)

Unfortunately, vice chair Scott Glenn clearly did not want me to raise these concerns, and asked that I hold my question until the end of the meeting.

During our “introductions,” I again warned the group that violating the Sunshine Law was a Big Deal and an invitation for lawsuits, and was met with blank stares. Scott said there would be time to address my concerns after introductions were complete.

Eventually, during the few minutes we had for questions, I was told that the Sunshine Law had been suspended in its entirety. When I questioned how that could be, given the language of the proclamation, developer consultant and Working Group member Trisha Watson cut me off. She said my concerns about legal compliance should be tabled, and that she had “real questions.” No one objected.

The Working Group leadership’s flippant disregard of both the law and the critical importance of public transparency was simply astounding. These are the people we, the public, are being asked to trust with the future of our islands.

In response to the only other question I was allowed to raise, Nani also confirmed that she, the lead housing officer, had unilateral authority to bypass the Working Group completely, and approve any project that received any state or county exemption or waiver, or used any state or county lands, funds, or financing. She also made clear she was under no obligation to even inform the Working Group of any such approvals.

Yes, this is real life. And incredibly, the Working Group Chair’s willingness to disregard the law, eschew transparency, and repeatedly lie – in writing, no less – makes clear that this emergency proclamation and the people in charge of it are even more dangerous than I had previously worried.

Friends, the future of our islands – our cherished landscapes, our cultural foundations, our social fabric, and even our housing crisis itself – may be harmed irrevocably by a proclamation that puts unprecedented power in the hands of a few individuals. These individuals have already shown that they will not – or cannot – even coordinate a single introductory meeting in compliance with the proclamation itself. We are now being asked to let these same people administer and enforce an initiative involving tens of thousands of un-affordable housing units across hundreds or potentially thousands of acres of land, throughout the islands.

Even with the best intentions, developers will surely run circles around this Working Group’s leadership, to the benefit of corporate profit margins, and the detriment of all that makes Hawai‘i, Hawai‘i.”

This acrobatic tragedy reminds me of a childhood experience in Singapore

The husband-and-wife acrobatic team somehow disconnected during their performance in Suzhou, China. The plunge led to her death.

According to the Straits Times,

” Authorities are investigating the death of an acrobat, who fell while performing with her husband during a live flying-trapeze performance in Suzhou, China, last Saturday.

Videos of the graphic incident posted on social media showed that the couple was pulled high into the air from the ground by what appears to be a crane.

In the videos, the woman was later seen falling from reportedly more than 9m high, after her husband failed to catch her with his legs during the performance.”

This incident brought back childhood memories of a circus coming to Holland Village in Singapore. I was probably around 7 or 8 years old. We were living in a farm. I remember my lorry-driver father telling us that there was a tent circus coming. We obviously wanted to go but had no money to buy tickets for our big family of ten children.

Later, I remember my father coming home one night with the news that a girl acrobat had fallen to her death from a trapeze.

That news had a powerful imprint on me.

I can’t explain why I was so unequivocal about it. But I decided right there and then that it was not right for people with money to put others in dangerous situations just to entertain themselves.

Bill 106 threatens private property owners

This is a reprint from the Star Advertiser published February 15, 2023. The limit for Star Advertiser was 600 words. For educational purposes, we’re adding more info through links and photos.

EDITORIAL | ISLAND VOICES

Column: Bill threatens private property owners

  • By Choon James and Natalie Iwasa
  • Today 
  • Updated 7:19 pm

As part of the 2022 county package to state legislators, Honolulu Mayor Rick Blangiardi requested “nonjudicial foreclosure” powers, i.e., the power to seize private property without going to court. Fortunately, House Bill 1434 did not pass last year.

This year’s package includes another request for “nonjudicial foreclosure,” aka “power of sale.” 2023 HB 106 BELOW represents an alarming threat to property owners and is prevalent in totalitarian regimes.

This year’s HB 106 offers weak assurance that “a county may, after all notices, orders, and appeal proceedings are exhausted, satisfy all unpaid civil fines through the power of sale on the real property subject to a recorded lien.”

Unfortunately, our years of civic participation at Honolulu Hale show that due process has not always been fair and equitable to ordinary residents.

Furthermore, recent federal indictments and guilty pleas continue to show the troubled Honolulu Department of Planning and Permitting (DPP) has no consistent record of fair play or efficient management. Written testimonies reveal alarming threats toward private property rights.

Dawn Takeuchi Apana, DPP director designate, stated: “Specifically, this bill would authorize the city to bring closure to pending civil fines imposed on landowners who are in violation of the city’s land use ordinances and building codes, through a nonjudicial or administrative process.”

Honolulu City Councilman Calvin Say also submitted testimony for a quicker seizure: “Our city corporation counsel is currently able to initiate a Judicial Foreclosure process, which has been successful in similar instances, however this is a long process that takes valuable resources away from other pressing legal matters.”

In other words, give us the authorization to hurry it up by bypassing the regular court method of foreclosure.

The House Committee on Judiciary & Hawaiian Affairs, whose members include Chairman David Tarnas and Vice Chair Gregg Takayama, approved HB 106 on Jan. 31. Its report states in part:

“Your committee finds that authorizing the counties to collect on liens filed on properties through a nonjudicial foreclosure process provides some leverage over property owners to comply or lose their property. If a property owner fails to comply and the property is foreclosed upon, this measure would enable the property to be put to productive use, allow liens attached to the property to be satisfied, and stop the accrual of additional debt or taxes on the property.”

Chairman David Tarnas and Vice Chair Gregg Takayama, approved HB 106 on Jan. 31. 2023

Hawaii’s state legislators should recognize that most ordinary residents sacrifice and work their tails off to achieve real property ownership. Each county’s goal should be to help property owners comply with the law and correct their violations, not summarily seize their properties.

HB 106 invites corruption and exposes residents, especially those who have fewer financial resources available to them, as easy casualties of this potential power of sale. All Hawaii counties would be affected.

It should be noted the U.S. Supreme Court ruled unanimously on Feb. 20, 2019 (Timbs vs Indiana), that the Constitution’s ban on excessive fines — civil asset forfeitures are a type of fine — applies to state and local governments, thus limiting their ability to use fines to raise revenue.

The late Justice Ruth Bader Ginsburg also astutely argued fines could be used to retaliate against political enemies and had been used as a source to raise revenue.

RBG was a tireless and resolute champion of justice.

Hawaii has a few egregious property owners, but this tyrannical bill is not the solution. We urge our legislators to vote “no” on HB 106.

###


AUTHORS: Natalie Iwasa is a CPA and certified fraud examiner; Choon James is a residential Realtor and farmer. They have spent combined decades of civic participation at Honolulu Hale as community advocates for good governance.

If

I grew up in Singapore and went to English schools which were under the British system. We had the privilege of learning about great British poets and authors. We all have our favorite. Here is one of mine by Rudyard Kipling.

IF

If you can keep your head when all about you   
    Are losing theirs and blaming it on you,   
If you can trust yourself when all men doubt you,
    But make allowance for their doubting too;   
If you can wait and not be tired by waiting,
    Or being lied about, don’t deal in lies,
Or being hated, don’t give way to hating,
    And yet don’t look too good, nor talk too wise:

If you can dream—and not make dreams your master;   
    If you can think—and not make thoughts your aim;   
If you can meet with Triumph and Disaster
    And treat those two impostors just the same;   
If you can bear to hear the truth you’ve spoken
    Twisted by knaves to make a trap for fools,
Or watch the things you gave your life to, broken,
    And stoop and build ’em up with worn-out tools:

If you can make one heap of all your winnings
    And risk it on one turn of pitch-and-toss,
And lose, and start again at your beginnings
    And never breathe a word about your loss;
If you can force your heart and nerve and sinew
    To serve your turn long after they are gone,   
And so hold on when there is nothing in you
    Except the Will which says to them: ‘Hold on!’

If you can talk with crowds and keep your virtue,   
    Or walk with Kings—nor lose the common touch,
If neither foes nor loving friends can hurt you,
    If all men count with you, but none too much;
If you can fill the unforgiving minute
    With sixty seconds’ worth of distance run,   
Yours is the Earth and everything that’s in it,   
    And—which is more—you’ll be a Man, my son!

Choon James: Status for SB 1357 to fine motorists with flags.

SECTION 1. The legislature finds that flags flown from vehicles being operated or moved on streets cause distractions and create unsafe driving conditions. The purpose of this Act is to discourage unsafe practices.

This Bill was DEFERRED to Tuesday February 8, 2022 for the 3:05PM AGENDA. SB 1357 to prohibit flags display on vehicles on roads, etc. SCROLL TO 1:30 to hear the status: https://www.youtube.com/watch?v=Y_Puas70MFA

We can’t have government incrementally shutting down Free Speech and Civic Participation. Although the State Capitol is one of the most ventilated buildings in Honolulu, it’s still closed to the public. The public cannot hold signs inside its meeting places. And now this shutting down of flags flying.

The Senate Transportation Committee Chair Chris Lee said yesterday that the intent of Bill 1357 was not to infringe on First Amendment Rights. The State Department of Transportation (DOT) submitted an unsigned testimony that it had received “numerous complaints and inquiries from the public about flags and other materials that impair the visibility of other drivers on the road. As such, we support all efforts to eliminate these unnecessary distractions.”

I wonder if DOT also received complaints and enquires about other traffic concerns.

Bill 1357 is not compelling enough except to shut down displays of discontent and public dissension. We must protect Free Speech at all costs.

There are lots of distractions and unsafe driving conditions on the road – Loose dogs. Drunk driving. Driving in opposite directions. Tourist trolleys. Huge vehicles blocking our view planes. Sign Waving. Display of huge banners on buildings along roads and so on.

The item that is most distracting and affecting road safety is the POTHOLES!!

We’re forced to keep our eyes down on the road to avoid the potholes which are EVERYWHERE. Our tires blow out. Cars swerve to try to miss the potholes on busy streets. The underbelly of the vehicles are damaged. POTHOLES are the most dangerous and most distracting.

Hundreds of millions of dollars are spent but our roads have become more and more dangerous. We would like the Hawaii Senate to focus on this huge distraction. It’s time to require a warranty on the road roadwork and so on to promote road safety.

It’s ridiculous that every time it rains, more potholes appear. There is no reason why the state cannot expect basic workmanship for the hundreds of millions that are spent annually.

Please terminate SB 1357 – It’s treacherous to free speech and an open democracy. Focus on the real traffic safety and driving conditions.

Ushering in the Year of the Tiger

Wishing you a happy, healthy, and prosperous NEW YEAR!

I missed January 1, 2022! So this is my second chance to start a “NEW YEAR” resolution to highlight or share issues that affect us. I resolve to write something useful every day on this blog!

So much have happened since the advent of COVID19 in 2020. Here we are on February 1st, 2022 and we’re still struggling with this pandemic. COVID19 has brought out the worst and the best in humanity.

I will share this testimony below as my first post since I’ve just submitted it to the Hawaii State Legislature. If you feel this is an important issue, please write a quick testimony to let your senators know what you think. We should let them know of our expectations. Click on this SB 1357 to submit a quick testimony.

CHOON JAMES: TESTIMONY – STRONGLY OPPOSE SB 1357

Aloha Senators:

It’s very obvious that this SB 1357 is created to shut down citizen participation and involvement in Hawaii. There is no quarrel that Democracy can be messy, loud, and unpleasant, especially to authorities who are being resisted against.

Free speech, the freedom to protest, and to assemble with expressions must not be shut down through this thinly-veiled facade of  “ Traffic violations to PROHIBIT display of any material that distracts, obstructs the view of, or affects the safety of other drivers, including but not limited to flags, towels, sheets, and cloths, on vehicles being operated or moved on a public street, road, or highway, except when required to be displayed for loads that extend beyond the vehicle. Sets a fine.”

The public knows this SB 1357 is targeted at the recent displays of protests and discontent amongst many Hawaii residents. The displays of civil discontent have been displayed through banners and flags options that are available to the people. There have been no raids or violence or vandalism.

Instead of trying to shut down citizenship participation and discontent, it would be more democratic and effective to figure out how the government can improve to lessen this growing discontent.  

SB 1357 is too over-bearing and tyrannical. It violates the basic fundamental rights of a citizen to express oneself in a free society. This SB 1357 not only tries to stamp out dissension, it also wants to punish those who participate through their expressions.  

Please defer Bill 1357. It’s over-bearing and tyrannical to say the least. No elected official in the Hawaii State Legislature should think or behave like they are akin to the Community Party of China – to crush and shut down public participation through various means.   

Aloha,

Choon James

ChoonJamesHawaii@gmail.com