Tag Archives: Ko’olauloa

NEW VACATION RENTAL LAWS For Honolulu, Oahu

  The City and County of Honolulu City Council adopted Bill 89 and Bill 85 on June 17, 2019 after many long and contentious hearings.

Honolulu Mayor Kirk Caldwell signed Bill 89 into law on June 25, 2019. On July 3, the City Council chose not to address Bill 85 Veto.

Here is the information provided by the Department of Planning and Permitting:

 June 21, 2019

City Department of Planning and Permitting

New Regulations on Short-Term Rentals

Bill 89 CD2 was adopted by City Council on Monday, June 17. It is awaiting action by Mayor Kirk Caldwell. Its main points:

 _Allows a limited number of new Bed and Breakfast Homes (B&B) in non-resort areas under a new registration process, with annual renewal required.

 _Continues to prohibit Transient Vacation Units, or “unhosted” rentals, in non-resort areas, unless the dwelling has a Nonconforming Use Certificate (NUC).

 _Regulates hosting platforms, such as Expedia or Airbnb, requiring monthly reports to be filed with the Department of Planning and Permitting, which will share the information with City Council.

 _Makes illegal any form of advertising short-term rentals which are not in compliance with zoning regulations as provided in Bill 89. Bill 89 CD2: http://bit.ly/2Kt9Qu9

The following Questions and Answers are based on the assumption that Bill 89 CD2 will shortly be enacted into law.

ADVERTISING

I own an unhosted, “whole house,” or Transient Vacation Unit. I pay taxes. Can I continue to advertise online and in the local newspaper?

Only if the dwelling has a NUC or is located in a resort district.

When will the department start enforcing the new advertising restrictions?

Beginning August 1, 2019.

What are the fines for illegal advertising?

Owners of the property involved in illegal advertising will be notified, and if the advertisement is taken down in 7 days, no fine will be imposed for a first offense. If not taken down within this deadline, fines of between $1,000 and $10,000 can be imposed for each day the advertisement remains on display.

If the management company for my property places an illegal ad, will the company get cited?

They may be cited, but Bill 89 CD2 says, “The burden of proof is on the owner of the subject real property to establish that the property is not being used as a bed and breakfast home or transient vacation unit or that the advertisement was placed without the property owner’s knowledge or consent.”

REGISTRATION OF NEW BED AND BREAKFAST HOMES

I have been operating a Bed and Breakfast Home for several years. Do I still have to obtain a registration number?

Yes, unless you have a NUC.

I only rent out my house for more than 30 days at a time. Do I need to register?

No.

I only rent my house while my family spends 2 weeks each year visiting family on the mainland. Do I need to register? When can I register?

Registration will begin no sooner than October 1, 2020.

Why do we have to wait more than year to register?

The time is required for the Department to develop more specific procedures for implementing Bill 89 CD2, including the adoption of rules, and creating the software to help with enforcement and the registration process. If necessary, it provides time to acquire more staff and to train them.

What are the registration requirements?

There are more than a dozen requirements. Most notable:

 _Applicants must be “natural persons,” and not an organization or company

 _Applicants must have a home exemption granted under real property tax law

 _There must be insurance coverage for bed and breakfast use

 _The initial registration fee is $1,000. For annual renewals, the fee is $2,000

 _No more than 2 bedrooms can be used for visitor accommodations

 _Quiet hours must be observed between 10 pm and 8 am

 _If part of a homeowners or apartment owners association, approval by that association must be obtained

 _Neighbors within 250 feet must be given a phone number to contact to make complaints 24 hours a day

For the complete list of requirements, refer to Bill 89 CD2: http://bit.ly/2Kt9Qu9 3

Are there other requirements?

Density Limit. No more than 0.5% of the total number of dwelling units in each regional development plan area (DPA) can be used as B&Bs. Here are the limits by area:

New B&Bs are not allowed in the North Shore area, based on directives of the North Shore Sustainable Communities Plan: http://bit.ly/2Y4QpLg

Condominium Limit. Up to 50% of units in a condominium building may be allowed a B&B, subject to AOAO approval.

Nontransferable. Registration numbers are not transferable to another property, nor transferable to another homeowner.

Separation Minimum. B&Bs must be at least 1,000 feet from each other. This does not apply to units in resort areas and NUCs.

Renewal Criteria. Noise and other nuisance complaints can be grounds to deny renewal requests.

For the complete list of requirements, refer to Bill 89 CD2: http://bit.ly/2Kt9Qu9

How long will it take to get registered?

It is not yet determined. An online registration process is anticipated, but certain requirements will have to be verified; e.g. compliance with parking requirements.

If only a limited number of registration numbers will be given out, how can I guarantee to get one?

There is no provision for guarantees.

How will it be determined who gets a registration number?

Generally on first-come, first-served basis. If the number of requests exceeds the limit for a DPA, then a lottery will be held.

How will the lottery system work?

This will be fleshed out in the Rules. There will be a public hearing on the draft Rules before they are finalized.

I am currently operating a B&B, and do not have a NUC, so will need to register. Will I get priority in the registration process?

No.

Can I advertise and operate a short-term rental once I register?

No. To avoid a citation, operation cannot occur until the registration process has been completed and registration number issued.

MORE INFORMATION

Note that DPP has not mentioned about the property tax designation to “Resort”.  It’s unclear whether it would be based only on the two bedrooms of a home.

Refer to the Department’s website:honoluludpp.org

Email the Department:info@honoluludpp.org

Call the Department:

Advertising Restrictions: 768-8127

Registration Process: 768-8127

General Zoning Information: 768-8252

Make a complaint: 768-8127

Public Information Officer: 768-8284

Choon James has been a real estate broker for over 30 years. She can be reached at 808 293 8888 ChoonJamesHawaii@gmail.com 

Daniel James has been a Real Estate Associate for 5 years. He can be reached at 808 542- 5165 http://www.HawaiiRealEstateOhana.com


Choon James: Keep Public Land in Public Hands!

city-county-lot
On January 11, 2017, the City and County of Honolulu City Council Budget Committee will consider Resolution 16-321 to sell a portion of Kahalu’u Regional Park.  It’s the 20,957 sq. ft. Zoned B-1 Lot close to the Kahalu’u Hygienic Store. The Subject Lot is identified with a yellow pin in the above photo.
(Click above for link to agenda and to submit online testimony)
REGULAR MEETING COMMITTEE MEETING ROOM
WEDNESDAY, JANUARY 11, 2017
9:00 A.M.
(Note: Ernie Martin, as Chair of City Council, was following customary practice of introducing this Resolution – BR – By Request.  The Kirk Caldwell administration generated this Resolution on November 30, 2016 for Council Hearing, after the November 8, 2016 mayoral elections.)
As a matter of good public policy, we oppose this short-sighted trend to sell public lands. It may make sense to sell vestigial tiny strips of “remnant” land that are awkwardly located to adjacent owners but continuing to sell significant-sized land parcels is selling the inheritance of Oahu’s future generations.
As this island becomes more congested, open space and community parks and land for public purposes will become more valuable and imperative, not less.
This proposed sale is not in the interest of the inhabitants of Oahu.
Furthermore, we question the following bureaucratic justification provided in Resolution 16-321, as excerpted below:

1.    “WHEREAS, the BFS Director has proposed and recommended the sale of                    Parcel 1 by a sealed public bidding process for the minimum upset price of $455,000, based on an appraisal by the Department of Design and Construction; and WHEREAS, Parcel 1 will be awarded to the bidder submitting the highest sealed bid that is not less than the minimum upset price of $455,000; “

 

What really is rationale behind proposing and recommending the sale of this unique parcel?
We see no logical or compelling reasons given beside invoking the ordinances  that allow such an action.
Who was the certified appraiser who valued this?
How will the sealed bidding process be advertised to the public and conducted?
What are the financing and purchase criteria?
When will the public be provided detailed information about this sealed bidding process?
How can the public be assured that this Business -1 parcel is not already spoken for by friends of Mayor Kirk Caldwell?
Will the public be allowed as public observers at this sealed bid opening to ensure transparency?
 2.  “WHEREAS, the sale proceeds from the sale of Parcel 1 shall be expended only             for the acquisition of property for park or recreational purposes, in accordance with HRS Section 46-1.5 (1 6)(C) and ROH Section 37-1.4(c);”
How does this make fiscal or good policy for our island home?
Why sell a piece of public park land to buy another property for a park or recreational purposes?  Where and for what recreational purposes? This Subject Lot has been a park where locals go crabbing or just enjoy the open space and rural views.
We are not convinced that selling public land in order for proceeds to be expended elsewhere is fiscally prudent or in the best interest for the inhabitants of Oahu.
Wouldn’t it make more sense for Mayor Caldwell to be more efficient and prudent in his fiscal management of the city’s treasury?
A case in point: Why spend $1.2 Million to hire a mainland consultant from New York for the Ala Moana Park? Many locals ended up being irritated by Mayor Caldwell forgetting that Ala Moana Park is heavily used by locals. The garish suggestions that lacked  “sense of place” suggested by out-of-state experts ended up wasting precious funds.

Adding to the above questions, the definition of “remnant” properties and its implementation are arbitrary and loosely used with no big-picture public good governance for Oahu.  Example: The 3.4 acres Haleiwa Mauka Park can hardly be considered a “remnant”.  Yet, the City & County of Honolulu negotiated with Developer Andy Anderson on the 3.4 acres of land mauka of Kamehameha Highway across from the Haleiwa Regional Beach Park and northeast of Jameson’s Restaurant for Anderson’s planned hotel development.

haleiwa-mauka

Citizens were able to preserve this public land in public hands with the assistance of City Council Chair Ernie Martin, Budget Chair Ann Kobayashi and other Council members. Ironically,  funds allocated to this area’s improvement have been in limbo for years and not expended by Mayor Caldwell.

Without question, the Kahalu’u Subject Lot of 20,957 sq. ft. Zoned B-1 cannot be considered as “remnant” land either. Residents use this park land for crabbing, fishing, simple enjoyment of the outdoors and the views and so forth.

It’s important to note that the opportunities for commercializing this subject lot are significant.  Structures can be built up to 40 feet (3-story) with mixed business and residential uses. Depending on the flood elevation, structures could be higher than 40 feet from ground up.
This unique Kahalu’u location is also the gateway to the rural “Keep the Country Country” region.
 kahalulu-pond
                        Views of Ko’olau mountains from Subject Lot. Photo by Harry Honda.
Is it in the best interest of the Oahu General Plan to expand urban sprawl into the country?
Will it undermine the rural golden goose that tourists love so much?
Has the city consulted with the affected communities about this proposed sale and seek their input on the best use of this parcel?
Will the public be allowed to share their mana’o on how this Lot could be used for the enjoyment and benefit of its inhabitants?
The Kahalu’u Neighborhood Board #29 will discuss this Resolution in their 7:00 pm Regular Meeting at Key Project on January 11, 2017.

Oahu General Plan Provides Diversification & Sustainability

Ko'olau Region Larry McelhenyPublished March 5, 2015 Civil Beat http://www.civilbeat.org/2015/03/oahu-general-plan-provides-diversification-and-sustainability/

Who can quarrel that “diversification” is essential for long-term dividends and sustainability?

Within a typical business portfolio, diversification mixes a variety of investments as part of a risk management strategy.

Similarly, the Oahu General Plan provides such diversification by designating regions like Ko’olauloa as “rural country”, counter balancing high-density regions regions like urban Honolulu.

In fact, Hawaii is the only state in the Union that has an over-all comprehensive land-use plan and designations. The “Hawaii State Plan” HRS §226 – aim for wise use of Hawaii’s resources and to guide future development of the State. It includes providing a basis for determining priorities and allocating limited resources, such as public funds, services, human resources, land, energy, water, and other resources.

On the county level, the “General Plan” is a requirement of the City Charter.  The desirable future for the Island of Oahu is organized through deliberations on the long-range social, economic, environmental, and design objectives for the general welfare and prosperity of the people of Oahu.

This General Plan balances eight (8) different diversified regional plans for the island of Oahu.

  1.        Primary Urban Center
  2.        Central Oahu
  3.        Ewa (Secondary Urban Center)
  4.        East Honolulu (Urban Fringe)
  5.        Ko’olaupoko (Urban –Fringe)
  6.        Ko’olauloa  (Rural)
  7.        North Shore (Rural)
  8.        Waianae (Rural)

 General plan map

The Oahu General Plan designates Ko’olauloa  as RURAL where “agricultural lands are preserved for agricultural uses,” with “the ‘ahupuaa concept as the organizing basis for land use planning and natural resource management in Ko’olau Loa.”

It further specifies that Koolauloa’s natural resources and predominantly “rural” character should be maintained by allowing only limited development in established communities, and that agricultural lands along the Windward be maintained for diversified agriculture. Open space and view planes are also valued.

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Bill 47 –  Mayor Mufi Hannemann/Caldwell’s Footprint:

The current Bill 47 is the 2010 Hannemann/Caldwell Draft of Koolauloa Sustainable Communities Plan (KSCP).  This 2010 Hannemann/Caldwell KSCP Draft contradicts  the values and vision as outlined in the 1999 KSCP , the Oahu General Plan, and Hawaii 2050 Plan.

Mayor Mufi Hannemann unilaterally inserted the new subdivision at Malaekahana  into the 2010 KSCP Draft just before he resigned to run for the 2010 gubernatorial race. His Managing Director Kirk Caldwell became the Acting Mayor.

This Hannemann/Caldwell 2010 Draft created much friction and push back from Ko’olauloa residents.

Moving the Community Growth Boundary to Malaekahana for 875 homes, a regional commercial center, industrial, technology parks, schools, and vacation cabins on 900 acres (now 300) of agricultural lands obviously violates the KSCP and Oahu General Plan.

Mayor Kirk Caldwell Follows Mufi’s  Footsteps:

Mayor Kirk Caldwell continues his support for a new subdivision in Malaekahana based on alleged “overwhelming support for affordable housing and that it could be provided by HRI” and that “Envision Laie is a long range proposal to grow the Brigham Young University of Hawaii (BYUH) and associated support services.”

Furthermore, Caldwell also supports the highly controversial Koa Ridge and Ho’opili subdivisions by arguing it is in the Oahu General Plan that was initiated in the 1970s.

Factually, the rural KSCP that they chose to violate has also been in the same Oahu General Plan since the 1970s! He cannot decide when to wave the Oahu General Plan card or when to ignore it.

Honolulu Rail and the “Keep the Country Country” Rationale.

KTCC photo

Mayor Kirk Caldwell and other rail advocates have repeatedly urged residents to support the Honolulu Rail   in order to “Keep the Country Country” (to  contain urban sprawl by concentrating development along the 21-mile rail corridor).

This rationale for the Honolulu Rail and Transit-Oriented development in order to “Keep the Country Country” continues to be marketed today.

We now respectfully ask Mayor Kirk Caldwell and others to be consistent and to walk the talk.

City Council Zoning and Planning Chair Anderson Corrects the Course:

We are heartened that the City Council Planning & Zoning Committee Chair Ikaika Anderson has amended Bill 47 to now conform to the letter and spirit of the existing KSCP and the Oahu General Plan.

This is a welcome action on many different levels.

This Honolulu City Council has the opportunity to stem the divisiveness and pilikia amongst Laie residents and the entire Ko’olauloa moku on this issue alone.

The common complaint has been that Mayor Mufi Hannemann offered special treatment to Laie due to his close affiliations.

Envision Ko’olauloa, not  Envision Laie.

These amendments, that many see as positive, to remove Malaekahana from the KSCP Draft will turn a page and heal the rift and angst.

Wai2

The City Council’s pono leadership to make things right will help restore respect  and neighborliness along the Ko’olauloa region.

Above all, it will present new opportunities for hopeful residents to explore realistic goals for personal temporal well-being instead of depending on HRI’s perennial enticements that have not come to fruition in decades. The carrot stick of “affordable housing   is dangled whenever Zions Securities/HRI needs community support for its own profit schemes. Imagine, if the faithful hopefuls had bought homes 20 years ago, their mortgage would have been nearly paid off today.

Adhere to the Oahu General Plan:

The Oahu General Plan is not perfect but it provides land-use diversification and sustainability for our small island home.

If the State and County land use principles are adhered to, much of the divisiveness can be easily avoided and communities can turn attention to collaborative projects that benefit the majority of the public.

The City Council’s correction of this controversial deviation from the General Plan will set a pono path for the future of Ko’olauloa.

Ko’olauloa Neighborhood Board #28 (Part 2 of 3)

KNB5-8-14

YOU ARE THE DIFFERENCE

The theme, “The Responsible City”, was chosen by the City Charter Commission when it presented the revised City Charter to the voters in 1972. A major component of this concept is full citizen participation in government so that the powers of the City shall properly serve and advance the aspirations of its citizens.

However, the initiative for action must come from the people themselves. While neighborhoods and neighborhood boards were established under the Charter as a means to increase and assure effective citizens participation, their creation and implementation are optional.

The Neighborhood Plan, which designates boundaries and provides for neighborhood formation, leaves many decisions open to the community so that an individually designed approach, suited to each neighborhood can be implemented.

In 1984, Oahu’s voters approved a City Charter a City Charter amendment expanding the role of the neighborhood boards to include all levels of government. Every resident has the opportunity to participate in government decision making which affects his or her community. You can play a significant part in making government more responsive to community needs. The decision is up to you.” https://www1.honolulu.gov/nco/office.htm

The Ko’olauloa Neighborhood Board #28  was one of the first to be formed in the 1970s under the leadership of Honolulu Mayor Frank Fasi.

In 2013, the members of the Koolauloa Board #28 were voted into office with a overall vote of 8.61%  in the last election.

DSC08368May 8, 2014 meeting at the Hauula Elementary School

Unfortunately, Ko’olauloa Neighborhood Board #28 has recently been plagued with citizens’ complaints of violations due to lack of transparency and conflicts of interest.

On  December 7, 2010, the Hawaii Independent reported the City and County of Honolulu Neighborhood Commission issued  a FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER  on the Ko’olauloa Neighborhood Board #28:

” .  . .  the commission ruled that the Koolau Loa Neighborhood Board, on the day it voted to support Envision Laie, unintentionally violated Hawaii Sushine Laws by not allowing everyone the chance to testify at the special meeting. Junior Primacio and Richard Fale were the board chairs in charge that day in 2009.

Other infractions, which the commission labeled as “serious and deleterious to the neighborhood board system,” included the use of sign-up sheets that were removed either before or during the meeting and the non-consideration of written testimony before the board took its 7-to-4 in favor vote.

In addition to receiving a letter of reprimand, the Koolau Loa Neighborhood Board, if it wishes to take a stand on the project, must schedule another meeting and allow all written and oral testimony to be received, reviewed, and considered before taking a vote.”

On November 14,  2013, a similar presentation relating to the same issue was presented by the long-time Laie Community Association President Pane Meatoga ( who is also  the District Representative with the Operating Engineers Local Union 3):

 VII.       NEW BUSINESS 10 Minute Limit per Speaker

A.    Presentation by La`ie Community Association (LCA) Seeking Board Support for Envision La`ie and Ko`olauloa Sustainable Communities Plan – Pane Meatoga, Jr., LCA President

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The LCA presentation continued on to December 9, 2013 whereby the Ko’olauloa Neighborhood Board #28 took a vote to support the above agenda. The outcome was predicted as reported.

Subsequently,   three complaints against the Ko’olauloa Neighborhood Board #28 were filed at the Honolulu Neighborhood Commission. Hearings for  Marvin Iseke, Andrea Nixt and Lea Minton vs the Ko’olauloa Neighborhood Board #28 were set for May 28, 2014 at the Honolulu Hale Committee Room at 6:00 pm.

DSC08631NB #28 Chair Verla Moore in blue with 80-year-old Hauula kupuna Marvin Iseke in striped shirt.

Ko’olaulau residents contend that former Mayor Mufi Hannemann and his Managing Director Kirk Caldwell,  provided preferential treatment to Hawaii Reserves Inc. in Laie by unilaterally inserting the “Envision Laie” development plan into the Ko’olauloa Sustainable Communities Plan in 2010. (However, it should be noted that many in Laie oppose the Envision Laie but prefer not to publicly voice their opinions, for whatever reasons.)

Residents also allege that current  Chair Verla Moore, also a member of the Laie Community Association Board,  plays favoritism as to who can have a presentation at board meetings.

Residents contend that  generally no prior efforts were expended to evaluate these matters in a careful and non-discriminating way. No information gathering or research was expended. They perceive an entrenched bloc vote that  ignores all the other communities in Ko’olauloa.

Alleged violations presented at the May 28, 2014 hearing included the following:

 §2-13-104 Standards of conduct. (a) Board members, in the performance of their duties, shall demonstrate by their example the highest standards of ethical conduct, to the end that the public may justifiably have trust and confidence in the integrity of the neighborhood board system. Board members shall hold their offices or positions for the benefit of the public, shall recognize that the public’s interest is their primary concern, and shall faithfully discharge the duties of their offices regardless of personal considerations.

(b) Board members shall not use their positions to secure or grant special consideration, treatment, advantage, privilege, or exemption to themselves or any person beyond that which is available to every other person.
(c) Board members are not officers or employees of the city by reason of their position. However, the standards of conduct policy shall apply to all board members. [Eff 10/20/08] (Auth: RCH §14-103(a)) (Imp: RCH §14-104)

§2-13-107 Representative capacity of board members. (a) Each member of a board shall represent the entire district and act responsibly to fulfill the board’s democratic and advisory duty.

Violation:

Yet, on December 9, 2013 Verla Moore KNB #28 Chair and her bloc adopted a Resolution to support her own Laie Association’s request to support Envision Laie and the Ko’olauloa Sustainable Communities Plan against all opposition in the region.

The Neighborhood Board members who voted to support the Laie Community Association’s request had not read the Environmental Studies as well as the voluminous facts and circumstances surround this controversial issue. You can see this on the video tape. They just accepted Pane Meatoga’s words as facts. Residents are given very limited opportunities to talk and not allowed to ask questions.

The Neighborhood Commission Hearings lasted about four hours.  Anita Hofschneider from Civil Beat reported parts of it:

DSC08596Complainant Andrea Nixt from Ka’a’awa with Laie Community President Pane Meatoga in the background.

The conflict played out again Wednesday evening when Andrea Anixt from Kaaawa, Lea Minton from Punaluu and Marvin Iseki from Hauula contested the board’s December endorsement of the latest version of the Koolau Loa Sustainable Communities Plan in a four-hour-long hearing before the Neighborhood Commission at Honolulu Hale.

Anixt, Minton and Iseke said the board members who voted for the project failed to represent the interests of the Koolau Loa community as a whole. They also said several members had conflicts of interests because they or their family members are employed by BYU-Hawaii and HRI.

The board’s chairwoman, Verla Moore, vehemently denied the allegations, saying that the board painstakingly ensured that all the rules were followed.

She emphasized that the homes would be for the “poor and unknown,” instead of for rich people like GoPro CEO Nicholas Woodman, who made headlines that day for purchasing a $9.2 million property on the North Shore.

She suggested that the three residents who criticized the board appeared to be haole while many on the board were Native Hawaiian or Pacific Islander.

“You look at my board members, you look at their faces. I go back 150 years here,” Moore said to the commission. “You look at our opposition. When did they come here? 10 years ago?”

“We let you in, let us guys stay,” she added.

Minton, who testified next on behalf of the Defend Oahu Coalition, said she was born and raised in Hawaii and went to Kahuku High School.

“We’re not here to discuss white people versus Hawaiians,” Minton said. “When you sit in a position of power and you’re elected to that neighborhood board, you’re there to represent everybody.”

DSC08608

Lea Minton disclosed that she received threatening phone calls, including to her employer to fire her for testifying at the  October 8, 2013 City Council hearing at Kahuku High School. She also received a death threat.

Unfortunately, Minton further pointed out being harassed by a member of the Ko’olauloa Neighborhood Board #28 on the way to the Hearing that night .  That particular board member apologized later at the hearing, explaining he had had a hard day.

The Neighborhood Board Commission is slated to render their decision within 45 days.

If Mayor Frank Fasi were alive today, he would probably continue to be proud of his accomplishment in providing a public forum for the grassroots. Fasi would understand that democracy could get messy but he would probably have a few choice words about uncalled-for bullying behavior. All in all, he would be happy to see citizens participate and pursue clarifications and redress when and where needed.

 

 

 

Honolulu Mayor Kirk Caldwell on a Rampage

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

Nick SibillaNick Sibilla, Contributor   

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.

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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 infederal court.

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

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Postscript: Mayor Kirk Caldwell also shut down the owner’s business with Reynolds Recycling on October 21, 2013. Public push back forced the Mayor to cut a deal with Reynolds to return to the adjacent city Lot 64 on December 20, 2013. The Caldwell Administration did not disclose that it is on a month-to-month lease. Should the Mayor gets permission from the courts to condemn, the last two commercial zone lots will be decimated and recycling business  gone.
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The only valid reason for Mayor Kirk Caldwell to shove this extra expensive fire station onto this small rural community is he owes a plum building contract to a donor!  The Mayor  wants to build a huge Kapolei City station in the small rural town of Hauula.
The Mayor can be contacted at mayor@honolulu.gov    808 768-4141
City Council Chair Ernie Martin  at emartin@honolulu.gov   808 768-5002
Choon James at ChoonJamesHawaii@gmail.com   808 293 9111

Kahuku Plantation Village Residents Witnessed Re-internment of ‘Iwi kupuna’

Two re-internment ceremonies were held at Kahuku Plantation Camp amidst continuing controversies

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On January 11, 2014, a group of Kahuku Plantation Camp residents witnessed the re-internment of ‘iwi kupuna’ that were found in the grounds around the decades-old plantation homes. Landowner Continental Pacific, LLC handling  of the ‘iwi kupuna’ cultural and other procedures had precipitated controversies.

At the ceremony, the Kahu distributed printed material of ” Aloha Aina Iwi Kupuna – Protocols – Ten Prayers ( oli, pule, mele )” to those in attendance. They were printed in English and Hawaiian Language versions. The Prayers include The Lord’s Prayers,  an ole written by Edith Kanaka’ole,  and the Queen’s Prayer ( Ke Aloha O Ka Haku) by Queen Lili’uokalani, as listed below:

The Queen’s Prayer

Your loving mercy

Is as high as Heaven

And your truth

So perfect

I live in sorrow

Imprisoned

You are my light

Your glory, my support

Behold not with malevolence

The sins of man

But forgive

And cleanse

And so, o Lord

Protect us beneath your wings

And let peace be our portion

Now and forever more 

 ~~~

The first ‘iwi kupuna’ was housed in a lauhala box and buried in about a three (3) feet deep setting;  fresh sand was shoveled into the plot and a cement block was placed on top of it. There would be a marker later on. (This site is located behind the Rainbow Schools vicinity.)

The two governmental agencies charged to address  and regulate ‘iwi kupuna’  issues are 1) The State Historic Preservation Division (SHPD) that falls in under the jurisdiction of the Department of Land and Natural Resources ( DLNR)  and 2) The Oahu Island Burial Council (OIBC).

There  was a DLNR ranger in uniform and also a DLNR  uniformed policeman  in attendance.
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Kali Fermantez, a recently appointed member of the Oahu Island Burial Council was  also in attendance. He spoke a few words at the first ceremony focusing on respect for the ‘iwi kupuna’ and forgiveness despite the ‘pilikia’ surrounding the Kahuku Plantation Camp.

We later asked permission to video tape our questions and his responses regarding procedures but he declined, explaining he was a very private person. His wish was respected.

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After the first re-internment ceremony, Kahuku villagers walked to the next re-internment  ceremony at Simplicio Caban’s home. ‘Iwi Kupuna’ human remains were found next to his house when water pipe trenching was being done.


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Villagers gathered around in reverence as the second re-internment ceremony  (abbreviated this time)  was conducted.

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Kawika Farm from SHPD held  the  second set of ‘iwi kupuna’ at  the Saturday’s re-internment ceremonies.

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This metal plate was provided by SHPD as a marker as well as a caution for future encounters with trenching in the area.  The metal plate should help reveal the significance of this site, according to Farm from SHPD.

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The fresh sand covered SHPD’s metal plate. They said it would be leveled and finalized later.

On this day, the dead may appear to be put to rest but the living  are forced to fight on.

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While the ceremonies were going on at the mauka side of the Kahuku Plantation Camp, golfers can be seen at the 122-acre Kahuku “Municipal” Golf Course on the makai side. The iconic beachfront course is also undergoing a watershed transformation; it’s on the verge of being sold to a Chinese investor. Residents worry that the course could be transformed into another resort-residential subdivision or an expensive golf course that the public can no longer afford.

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In the meanwhile, the above Condominium Spatial Unit V- 21 has been cleared and footings can be seen for a  new house. This spatial unit is located next to Kahuku Village Plantation Association President Glen Maghanoy’s former plantation home in the background.

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Maghanoy‘s eviction was approved by Judge Hillary Gangnes. Professional movers completed the Maghanoy eviction during the Thanksgiving of 2013. Maghanoy was on the mainland visiting with his daughter and claimed that valuable items were stolen from him, including his guitars, tool box, about $3,000 cash (hidden inside the house), and his children’s deceased mom’s black pearl jewelry.

Because Maghanoy was not present at the execution of the Writ of Possession by the movers, he could not take pictures of the event. Neighbors had signed declaration of seeing the guitars being laid on the grounds; in fact, one of the movers was playing  Maghanoy’s ukulele.

The  day’s re-internment ceremonies focused on respect for the ‘iwi kupuna’ along with  messages of forgiveness.

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However, to many Kahuku Plantation Village residents, ‘forgiveness’ cannot be used as a convenient tool for Continental Pacific, LLC and its affiliates to absolve themselves of past wrongs and continuing pilikia that surround the camp.

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About thirty-one (31) long time plantation camp families are in danger of being evicted.  Glen Maghanoy and the Eugenio family were the first in line to be evicted.

 

Choon James: Mayor Kirk Caldwell’s “Town Hall Meeting” in Kahuku – a Dog and Pony Show

Mayor Kirk Caldwell’s “Town Hall Meeting” in Kahuku – a Dog and Pony Show:

First, the Press Releases about Mayor Kirk Caldwell’s “town hall meeting” from his office are dispersed to the various social media outlets:

City Hall is coming to Ko’olauloa Nov. 19 when the mayor brings his cabinet to Kahuku High School cafeteria for a town hall meeting.

The event will run from 6 to 8 p.m. and is designed to address area residents’ concerns about road and sewer infrastructure, bus service, park maintenance and events, efforts to tackle the homelessness problem and more. 

Mayor Kirk Caldwell and his department directors also will report on the administration’s priorities. The public is encouraged to participate and make suggestions.”

Jesse Broder Van Dyke

Communications Director

Honolulu Mayor Kirk Caldwell

Direct: (808) 768-6928

Cell: (808) 489-0341

jbrodervandyke@honolulu.gov

The Kahuku Town Hall Meeting was met with a protest outside the Kahuku High School by citizens against Caldwell’s agenda to cement the Country. But the Mayor’s televised show did not disclose any of that.

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About half of those in attendance were his cabinet members and city employees. The first four rows of the Kahuku High School cafeteria were occupied by his entourage who provided robust applause for the Mayor. The middle section of the cafeteria was occupied by more of the Mayor’s entourage, with some refreshments spread out on the table.

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There were approximately 50 city employees. Others in attendance were recognized community activists and citizens. There was less than a handful of known Caldwell supporters.  Steven Wheelwright  – Brigham Young University-Hawaii President – and his wife were there for a short period. David Lewis, BYU-H Vice-President of Construction was a lone figure with his baby blue Envision Laie t-shirt. There were also policemen and several plainclothes policemen.

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The Mayor used all the right words and pushed the right political buttons using his “Waipahu roots”, peppered with some pidginspeak, and he didn’t forget to remind the audience of his “compassion”.  But his showmanship did not fool the astute citizens.

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Marisa Yamane and Joe Moore from Khon 2 TV  reported a more accurate description of what happened at the Town Hall meeting with Mayor Kirk Caldwell.

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The meeting was tightly-controlled. There was no direct questioning. Those who wanted to “participate” had to write their questions on a piece of paper to be submitted to the mayor.  They requested name, address and email address. There was no opportunity for clarifications or rebuttal during this promotional tour that was on the city’s dime.

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Some found the music -“All Hawaii Stand Together” written by Uncle Liko Martin – used by Caldwell insulting and ironic. Mayor Kirk Caldwell has not met a development he does not like. Hawaiians are up in arms against the disappearance of their inheritances, aina, values and culture. Ko’olauloa is one of very last regions that has some semblance of local lifestyle.

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Hawaii News Now Rick Daysog‘s reporting lacked objectivity, including the following:

“The mayor’s town hall meeting at Kahuku High School on Tuesday was well attended by groups both in favor and opposed to the Koolau Loa Sustainability plan.”

Reality: The mayor’s entourage made up half the attendance. There were less than a dozen Caldwell supporters. The rest were residents and Defend Oahu Coalition members who wanted an honest discussion, that never took place.

DSC08984Daysod interviewed former state lawmaker Bob Nakata who said, ” he supported the city’s transit-oriented development plan because it promised to confine large-scale construction to urban areas. But now he’s changing his mind.

“This Malaekahana development will make Laie and Kahuku one big urban area,” said Nakata.

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Here are some grassroots reactions to the “Town Hall Meeting”:

Hauula Resident Joshua Noga: Mayor Town Hall Meeting More of a Campaign Stop. Last night Honolulu Mayor Kirk Caldwell came to Kahuku High School Cafeteria along with forty of his staff to meet with Ko’olau Loa residents in what he called a town hall meeting. The meeting was anything but a town hall meeting, but resembled more of a stop on his campaign trail. I have never been to a town hall meeting where the public were not able to express their concerns directly but was instead told to write their questions down on a piece of paper. The questions were hand picked by the mayor as to which he would answer and were then read aloud by a member of his staff.

Community members present watched in amazement as the mayor thumbed through questions, his face turned red with embarrassment as he looked for safe questions to answer. Let it be known that Mayor Caldwell supports an urbanization plan that looks to amend the Oahu General Plan, a plan that would violate native Hawaiian tenant rights of kuleana landholders, rezone state-districted Ag lands in Malaekahana, and rezone Laie as resort community like Waikiki. Let also be known that the Ko’olau Loa Hawaiian Civic, Waikane-Waiahole Community Association, Kaaawa Community Association, Friends of Kahana, Punalu’u Community, Hauula Community Association,  and neighborhood boards from Manoa to Ewa oppose the urbanization of Ko’olau Loa currently known as Bill 47. Keep the Country COUNTRY!
Joshua Noga- Hauula, HI
Ko’olau Loa Hawaiian Civic Club

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Ka’a’awa Resident:  Andrea Peatmoss:

“The ‘presentations’ section was too long. Since our sole 2 lane Kamehameha Highway is a State road, the long pothole story was too long; and we won’t have much to do with Rail and only Laie has a sewer, ( still on federal consent decree that taxpayers now pay for it sounded like, but you couldn’t ask questions until after), a lot was largely irrelevant to most people.

Mayor Caldwell whizzed thru one Envision Laie question -again only a written question – and said nobody will be happy with the results, more or less. He focused on a Kahuku has such close ohana tradition plantation camp but too many generations in a house issue to Then you were to talk to the individual staff afterwards- which was difficult physically to stand around to do – and as you waited you couldn’t really hear if the person before you had just asked the same question of that person. 

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 Kahuku Plantation Camp Robert Trotter: “When I approached our honorable mayor last night, he pulled his hand back, instead of out to shake my hand. First politican to not want to make the traditional move. I must have the look of a destitute homeless person. Besides the five or six uniformed police officers, there were at least seven or more very large undercover police roaming the meeting, giving poeple the look. There were more staff and caldwells people than others. he answered questions written down, but maybe 10 questions out of an easy 150 we the people delivered. A beauitful dog and pony show, but the dog was showing many large teeth.”

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Kahuku Resident: Angela Huntemer:  Thank you for filling us in on that – I couldn’t go and was wondering what happened. The week before he took direct questions from the audience at Waialua – because there were hardlly any members of the public. Glad I didn’t have to be the one to find easy questions for the mayor… that would have been difficult. Imua!

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Hau’ula Resident Joshua Noga: Wow that makes this even more crazy. Caldwell and his staff should be embarrassed by that showing. To not even allow community members to express their concerns directly defeats the very purpose of having a town hall meeting. That’s why we have to call him out on his bs and hold him accountable.

We got white washed, and shoved under the pavement below the bus. Two topics bus, and pavement he spent some time on. Would have helped if the told the true factor, paving oahu the going rate in construction cost million dollars a mile.

Ka’a’awa Resident Andrea Peatmoss: I did not care for the format of it. The questions section needed to be open to all to ask and be answered instead of afterwards. Public content safe this way. No mention of the Ethics Commission investigation I thought he might defend himself or staff regarding either.

As for condemnation via eminent domain question, it was “absolutely the last resort ” he said. However, knowing how Choon James‘ property is being affected and Hau’ula lost its recycling center via eminent domain for a NEW fire station, I wonder. If we have $20 million, we have $20 million. Allocation is a City decision, right?

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Now we have no recycle center and a temporary golf course owned by private (foreign ) investor in escrow and existing trauma in Kahuku Village of evictions. Kahuku had an ‘affordable’ housing plan years ago that never got built. Where did that money go? Between that project and the 550 residential units not built WITHIN Laie that have been approved for years but not built, the lack of sufficient dormitory housing on campus for students and the illegal Vacation Rentals by Owners (hundreds near Laie), we have a housing shortage that could be solved without destroying the scenic resources of the Moku and its irreplaceable wild coastline for URBAN SPRAWL. What cannot be solved without huge H-4 type money investment for taxpayers, way over the cost of Rail, is that extra traffic on the sole eroding 2 lane Kamehameha Highway that Turtle Bay Expansion and Envision Laie alone cause. Double the population. Add to that the expected increase in tourists to 7,500,000 (10,500 a day out here in Ko’olauLoa) and the thousands of already zoned vacant residential lands within the Moku. Do the math! 

Andrea Peatmoss I did not care for the format of it. The questions section needed to be open to all to ask and be answered instead of afterwards. Public content safe this way. No mention of the Ethics Commission investigation I thought he might defend himself or staff regarding either. As for condemnation via eminent domain question, it was “absolutely the last resort ” he said.

However, knowing how Choon James’ property is being affected and Hau’ula lost its recycling center via eminent domain for a NEW fire station, I wonder. If we have $20 million , we have $20 million. Allocation is a City decision, right? Now we have no recycle center and a temporary golf course owned by private (foreign ) investor in escrow and existing trauma in Kahuku Village of evictions. Kahuku had an ‘affordable’ housing plan years ago that never got built. Where did that money go? Between that project and the 550 residential units not built WITHIN Laie that have been approved for years but not built, the lack of sufficient dormitory housing on campus for students and the illegal Vacation Rentals by Owners (hundreds near Laie), we have a housing shortage that could be solved without destroying the scenic resources of the Moku and its irreplaceable wild coastline for URBAN SPRAWL. What cannot be solved without huge H-4 type money investment for taxpayers, way over the cost of Rail, is that extra traffic on the sole eroding 2 lane Kamehameha Highway that Turtle Bay Expansion and Envision Laie alone cause. Double the population. Add to that the expected increase in tourists to 7,500,000 (10,500 a day out here in Ko’olauLoa) and the thousands of already zoned vacant residential lands within the Moku. Do the math!

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Hau’ula kupuna Marvin Iseke: ” It was a waste of time. There was no open mike. This was no town hall meeting; it was his TV show. The Mayor was hiding behind his directors. The mayor talked about things we don’t need to hear and ran away from the important things we wanted to talk about.”

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An observer from Kauai said: ” You guys are too nice.”

Ko’olau Loa residents in good faith took the time to attend the Mayor’s Town Hall Meeting to participate and engage in a thoughtful dialogue. They wanted meaty civic participation with the Mayor and offered suggestions. What they received was the Mayor’s dog and pony show that provided HIM two hours of free TV air time for HIS perpetual campaign trail.

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ALOHA! Mayor Kirk Caldwell! We are rural Hauula, not Kapolei!

Why is the Mayor  hell-bent on building a SUPER-SIZED fire station in rural Hau’ula?

Why does Kirk Caldwell want to build a SUPER-SIZED fire station in rural Hau’ula?

This is the “Ewa Beach” style fire station he wants to build in rural Hauula. This station is so big that you cannot photograph the building in one photo!

 

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Ewa Beach Fire Station ( Photo 1 of 3)

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Ewa Beach Fire Station ( Photo 2 of 3)

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Ewa Beach Fire Station ( Photo 3 of 3)

The city purchased Lot 64 in 2010 – it can relocate the existing Hauula Fire Station today!

But Kirk Caldwell is bullying to further condemn adjacent Lot 65 for DOUBLE the lot size and TRIPLE the price – to build his SUPER-SIZED Kapolei station in this rural region!

Lot 64 of 20,297 sq. ft is very sufficient to build these stations below.

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Kaneohe Fire Station

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Ka’a’awa Fire Station

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Kahuku Fire Station

 

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Sunset Beach Fire Station

 

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Wahiawa Fire Station

Why does Kirk Caldwell want to build a SUPER-SIZED fire station in rural Hau’ula?

Why does the Mayor want to pave over the last two remaining business-zoned lots in rural Hauula?

Why is the Mayor abusing the weight of the city to shut down private Reynolds Recycling in this small rural community?

Does the Mayor understand the difference between Ko’olauloa and Kapolei?

Can taxpayers fiscally fund all of Kirk Caldwell’s pet projects?

Are taxpayers happy with rising taxes and fees?

When will Mayor Kirk Caldwell advocate for his constituents and exercise fiscal prudence instead of bullying and spinning to get what he wants?

If you were the Mayor of Honolulu, what would you do?

Choon James can be reached at ChoonJamesHawaii@gmail.com  Phone:  808 239 9111

 

 

Hauula Fire Station Relocation Controversy Drives Honolulu Mayor to Illegally Shut Down Reynolds Recycling Center

 

Hawaii Eminent Domain Abuse – Honolulu Mayor Goes Amok on Free Speech and Private Property Rights!

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Honolulu Mayor Kirk Caldwell impounded free speech signs

on private property on October 18, 2013, again!

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Upon taking office, he went on the rampage by implementing

first raid of the signs on May 29, 2013. There is a federal lawsuit  against the city pending.

PRIVATE  fee owners own this commercial lot. The eminent domain

trial is set for March 2014.  Mayor Caldwell’s threats and intimidation are grossly premature and illegal.

On October 21, 2013, the Mayor rampaged further by posting signs on the private property to threaten Reynolds Recycling into closure. The threatening sign was posted in the middle of the entry way to the business. The problem is the city does not own this lot!

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The city owns the adjacent lot below but it has no posted signs of any kind at all. Maybe after the Mayor has been exposed, he’ll post a similar sign on this city-owned lot to appear even-handed. But it’s too late. His browbeating and abusing the office of the Mayor’s office are too evident.

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Does Hau’ula need a recycling center?

What do you think of the Mayor’s illegal activities?

808 768-4141  mayor@honolulu.gov  Honolulu Mayor

808 768-5002 emartin@honolulu.gov  City Councilman

 

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