Testimony for April 26, 2024 Agenda Item D-1 re: Coco Palms & Disposal of State Land Leases

My testimony is below. Members of the Kauaʻi Community and others who have a connection to these special lands are invited to join me in providing testimony to the BLNR on this topic.Please provide testimony in your own words and email it by the end of today Thursday April 25, 2024 to blnr.testimony@hawaii.gov

Info on nature of item on the agenda and other short summary is here https://www.wailuanui.org/blog/blnr-hearing-on-april-26-2024

Aloha Chairperson Dawn Chang and Commissioners Kaiwi Yoon, Aimee Barnes, Karen Ono, Vernon Char, Doreen Canto, and Riley Smith,

Speaking as an individual, father, and grandfather of children born and raised in Wailuanuiahoʻano I offer my strong support of I Ola Wailuanui’s vision and efforts to secure a direct lease of the two parcels on todays agenda.

You have before you two different entities seeking use and control of the same state lands, Crown lands to be protected and preserved.

One is a foreign based collection of entities (Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware) seeking to utilize the property to support resort development.

The other I Ola Wailuanui, is a local community based organization led by native Hawaiians, whose goal is stewardship and protection of these same lands.

I Ola Wailuanui is an established community based organization led by native Hawaiians born and raised in this area, who are deeply familiar with the history and culture, and who have a public record of responsible community stewardship. I Ola Wailuanui has also demonstrated financial capacity to fulfill its goal of stewardship of these parcels.

The legal representatives for Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware – have stated publicly that the securing of these RP’s and related uses are not essential to the development of their resort.

If this statement is true, then they do not truly need these properties at all and will not be caused harm by transferring the control and use of these lands to I Ola Wailuanui.

If this statement is not true and these properties are essential to the development, then that means two things:

1 – Reef Capitol, RP21, CocoPalms Hui LLC Hawaii, and CocoPalms Hui LLC Delaware – are not being truthful to the BLNR.
2 – Because the parcels are state lands, integral to the resort development, and located in a coastal zone etc etc…per Chapter 343 an EIS must be required.

Unfortunately Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware, and their representatives have a history of not being truthful with the BLNR, the County, and the community.

The Utah developers previous “representative” who first appeared before the Kauaʻi Planning Commission in 2022, is a convicted felon. He committed mortgage fraud on victims in Nevada, Montana, and Hawaiʻi. He was convicted of Conspiracy to Commit Mail, Wire and Bank Fraud in the Nevada District Court on 4/30/13.

Initially other spokespersons for the developer denied cutting down historic coconut trees without permission, then said they only cut done “a few, maybe 15 because they were diseased” and then said maybe it was a few more than that but it was only because the Kauaʻi Fire Department made them do it.

After further investigation it was determined at least 77 coconut trees were removed without permission and then dumped on conservation land without permission, and in violation of their green waste disposal plan.

The Utah developers legal representative continues to deny they cut down historical coconut trees without permission from the state as is required in the lease. He explained in writing to the BLNR in response to the Coconut Grove Lease NOD “The coconut trees are grasses so you can’t tell their age like you can with trees but we know the trees are not from before 1983 and the 1983 lease only prohibited CPV cutting trees that were growing at that time.”

Translation: No one knows how old those coconut trees are except us and we know they are not that old and we only cut down the trees born after 1983.

The developers are also denying they conducted illegal grading and grubbing on conservation zoned lands without permits, which is clearly not a true statement and under active investigation by the DLNR.

Using page after page of email and photographs from 2021 and 2022 detailing and documenting the homeless camps that were removed during that period of time – the developers legal representative tries to blame the grading and grubbing that they deny actually happened – on the homeless.

In a more nuance act of subterfuge, a review of testimony presented to BLNR on December 7 and 8 of 2023 show that 55 of the 60 people who submitted testimony in support of the owner/developer – are not long-time community members but rather Utah based employees, partners, investors, friends, or relatives of the developer/owner Reef Capitol, RP21, and related entities. However this fact is not apparent from the testimony since none of these individuals disclosed their relationship with the owners/developers.

A cursory read of the testimony would lead most to believe these are local residents testifying in support of their community. However with Google as a friend the truth becomes apparent.

For the past year they’ve used adjacent state-owned public lands without a valid lease or RP (trespassing). They grade and grub without permits and without the required archeological observer present. I drive by this area daily and personally witness this activity (and yes I have pictures).

A review of the Coconut Grove Lease NOD includes further multiple misstatements of fact as Reef Capitol, RP21, and related entities purport to represent still yet another entity – Coco Palms Ventures (who holds the lease presently but which does not legally exist and is totally not related to the RP21 and friends).

Wailuanuiaho’āno is literally the birth place of Hawaiian royalty.

The developers/owners have unquestionably demonstrated their lack of concern for the place, and for its cultural and historical significance. They have also unquestionably on numerous occasions demonstrated their willingness to not tell the truth.

I implore upon the BLNR to stop accepting the excuses and downright lies offered by the owner and developer. There is no reason to accommodate the needs of Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware.

It is without question the people and lands of Hawaiʻi would be best served by granting I Ola Wailuanui full access, full control, and full stewardship of these two parcels.

Mahalo,

Gary Hooser
Note1: Upon reviewing the multitude of testimony and permits at both the State and County level it seems that these 4 entities are often used interchangeably – Reef Capitol, RP21, CocoPalms Hui LLC Hawaii and CocoPalms Hui LLC Delaware. I assume the reason for this is to minimize liability for the key “money men” and to facilitate the securing of permits that otherwise may not be available to the core entity. It is unclear to me why there are two different CocoPalms Hui LLC’s…one based in Delaware and one based in Hawaiʻi.

It’s shameful — politics at its worst

There was no shortage of new bombshells falling on the Hawai‘i public policy battlefield this past week. The New York Times reported for the whole world to see what many of us already know, “Pay-to-play is woven into the DNA of the statehood of Hawai‘i,” said Camron Hurt, director of Common Cause Hawai‘i.

The front page article reported on “late night parties” occurring just a short distance from the Hawai‘i Capitol bringing in “thousands of dollars in donations, giving some elected officials almost half their annual campaign haul.”

The donors it seems consisted primarily of government contractors whose livelihood depends on government funding and legislation passed by those legislators benefiting from the money given on these nights.

And yes, once again Speaker of the House Scott Saiki, along with House Judiciary Chair David Tarnas, killed the “Clean Elections” bill that would have removed the need for new candidates to raise money from these same private interests. An additional but different proposal, which would have severely limited campaign contributions from donors connected to government contracts, did not even receive a hearing.

Yes, they killed Clean Elections. There was plenty of time and interest of course to schedule bills to cut estate taxes for the very wealthiest, and at press time, HB2653 was still alive. We have folks sleeping under bridges and in the bushes because affordable housing is nonexistent, and our legislative leaders actually propose and support bills cutting taxes for the rich.

Shame on them, and on the Majority in both the House and Senate that put up with this nonsense. Fool me once … well you know the saying … shame on us for voting them in year after year. Shame on us for not finding other good candidates and offering them our strong support.

Thank goodness this is an election year and there’s still time to go out and find good people to run.

There’s not a lot of time, but for that handful of individuals with deep roots, deep connections, and a proven track record of community work — there’s still a tiny window of opportunity — especially for a House seat where the votes needed to win can range from only 2,000 to 8,000.

As the legislative session heads toward its scheduled close on Friday, May 3, it’s time to pivot toward the primary election of Aug. 10.

Ballots will begin arriving in mailboxes on or about July 15, just 80-something days from now.

Not a lot of time for new candidates, but enough for those who are organized, have some basic level of name recognition, and are willing to do the heavy lifting of running a real campaign.

For the rest of us, we gotta help. We must dig deep and support financially those candidates who will stand up and say enough is enough.

We have to donate our $20 or $200, and our time and energy to help those we believe have the strength of character to put people and the planet first — ahead of the big money fundraising and insider schmoozing described in the New York Times article.

It’s disgusting really. We can do so much better, and we must.

gh

(first published in The Garden Island 04/24/24)

Heads up Kaua’i – SB 3202 takes away your voice and that of Kaua’i Planning Commission

I received this bombshell of an email from an Oahu attorney/friend a few days ago:

“I’m not sure whether folks on Kaua’i realize that SB 3202 is deliberately crafted to take all authority to make decisions on subdivisions from the Kaua’i Planning Commission and vest that authority with the planning director.

Unlike other counties, the charter and ordinances on Kaua’i give the planning commission authority to approve or disapprove subdivision applications. SB 3202 takes that authority from the planning commission and gives it to the planning director.

The change will also remove the right of folks to request a contested case hearing on these subdivisions.”

The email concluded with: “I hope people are aware of this change…”

The language in SB 3202 SD2 HD1 (the most current draft) does not mention the Kaua’i County Planning Commission, nor specifically state in language the average person can understand, the power transfer being proposed.

So no, the people are not aware.

Clearly, Kaua’i Representative Luke Evslin, Chair of the Housing Committee and responsible for the review of SB 3202 and its companion HB 1630 is aware.

If they read the bill very closely and/or were informed by others as to how SB 3202 actually impacted their home county, then Kaua’i Representatives Nadine Nakamura and Dee Morikawa, and Senate President Ron Kouchi each who voted in support are also aware.

It’s clear Kaua’i Planning Director, Ka`aina Hull who submitted written testimony saying he “strongly supports SB 3202” is aware.

Presumably, Kaua’i Planning Commission members were aware and approved the Planning Directors testimony.

The insiders were all aware but the rest of us have been kept in the dark.

SB 3202 proposes to take the power of subdivision approval away from the Kaua’i Planning Commission and give it to one single person, the Kaua’i Planning Director.

SB 3202, if passed into law greatly reduces the voice of community in the process of land development. If a future subdivision development is proposed in your neighborhood or town, you will no longer be invited to a public hearing before the Kauai Planning Commission where the merits and various aspects of that subdivision will be discussed, and ultimately voted upon.

In addition, community members will lose their right to a “contested hearing” because there will be no hearing. The decision will be made by one person – the Kaua’i Planning Director.

To be clear, as currently proposed SB 3202 applies only to lands within the existing “urban district” and does not apply to the subdivision of agricultural lands.

SB 3202 is essentially a “market approach” to solving the affordable housing crisis. It offers developers potential increased density, decreased infrastructure costs, and less community oversight resulting in faster permitting. Thus SB 3202 allows the developers to make more money faster – and requires them to do nothing extra in return for these benefits.

SB 3202 does not require any development benefiting from its provisions to be affordable.

I know from personal and professional experience as a licensed real estate broker myself that demand for Hawaiʻi real estate is insatiable. I also know that nothing is sold “below market” unless required by government incentives or disincentives.

If you believe that counting on the benevolent nature of real estate developers will result in increasing the supply of truly affordable housing – then I have a bridge to sell you.

We need to block/stop/kill SB 3202 and retain the public protections and the publics voice contained within the Kaua’i Planning Commission public review process.

All the information about SB 3202 is here on the status sheet. You can read all versions of the bill and read the testimony.

Please take action. Share this information with friends and neighbors. More importantly, share your thoughts on this important issue with our Kaua’i legislative delegation:
Rep. Evslin repevslin@capitol.hawaii.gov
Rep. Nakamura repnakamura@capitol.hawaii.gov
Rep. Morikawa repmorikawa@capitol.hawaii.gov
Senate President Ron Kouchi senkouchi@capitol.hawaii.gov

First published in The Garden Island newspaper 04/16/24

*Note: As is always the case, should anyone ever see anything in my writing that is factually incorrect, please let me know and I will correct it immediately. I do my research and choose my words very carefully – but if you think I am wrong, incorrect, or miss-state any facts – LMK!

Pōhakuloa, Kawailoa-Poamoho, and Mākua on the BLNR agenda for this coming Friday, April 12, at 9am!

Please submit testimony blnr.testimony@hawaii.gov

My testimony will be in opposition. Before any appraisal is authorized there must be a thorough evaluation of the current condition of each property AND the Army must remove all ordinance unexploded or otherwise AND rehabilitate and restore those areas that have in the past been damaged by their activities. In addition, there must be a community process established to determine the future use of these properties that best reflects the needs and desires of the community as a whole.

It should not be automatically assumed these leases will be extended. Setting a lease price amount via authorization of an appraisal is premature.

The BLNR and the State of Hawaii must seek out a future for these lands that’s in the best interest of the people of Hawaii.

To be clear- We need to be shrinking the US military footprint in our islands and around the globe, not expanding it.

Click to access Agenda-240412.pdf

Testimony should reference the below agenda item:

D. LAND DIVISION

2. Informational Briefing Update on the United States Army Training Land Retention Efforts for the Pōhakuloa Training Area on the Island of Hawaiʻi and for Kahuku, Kawailoa-Poamoho, and Mākua Training Lands on the Island of Oʻahu;

And

Authorize the Chairperson to Negotiate, Approve and Execute a Contract for Appraisal Services to Determine the Fair Market Value Currently Leased by the United States Army, Tax Map Keys (1) 5-8-002:002, 5-9-006:026; 7-2-001:006; 8-1- 001:007 (por.), 008 and 012 (por.), 8-2-001:001, 022, 024, & 025; and (3) 4-4- 015:008, 4-4-016:005. 7-1-004:007.

Read: https://garyhooser.blog/2024/01/01/the-most-important-issue-of-our-time/

Clean Elections is Dead, Duplicity is Alive – Long Live Clean Elections

According to just about every political pundit in Hawaiʻi, the Clean Elections bill, SB 2381 – SD2 is “dead”.

We should all just wish duplicity at the Capitol and gamesmanship among legislative “leadership” was also dead.

But neither is dead really.

When they tell you, “the deadline is passed”, the truth is if Senate President Ronald Kouchi and Speaker Scott Saiki want to extend any deadline at all, they have the power to do so.

Similarly, when they say “there’s no money” – the “money chairs” – WAM Chair Senator Donovan DeLa Cruz and Finance Chair Representative Kyle Yamashita – can always find the money needed for any and all initiatives they believe are priorities.

I do not exaggerate the power granted to these 4 individuals.

Yes, they are given this power via support from the “majority” and if a majority of legislators feel differently they could assert themselves…but they don’t and they won’t because they’re afraid of being punished by “leadership” and/or the “money chairs”.

Some do, and will, but a majority don’t, and won’t. Instead, they just keep their heads down and hope the moment will pass.

Mahalo to Senator Ron Kouchi and the Senate for passing Clean Elections SB 2381 – SD2 unanimously.

Unfortunately, the measure remains stalled in the House, killed or at least critically injured under the direction of Big Island Representative David Tarnas, Chair of the JHA Committee.

The reasons cited by Tarnas were frankly lame at best, some would say duplicitous (there’s that word again) especially given that he had supported a similar measure in the past AND Speaker of the House Scott Saiki had publicly declared Clean Elections to be his priority.

Tarnas would not have killed Clean Elections if Speaker Saiki’s support was genuine.

This my friends, is a fact.

If Saiki truly supported the initiative, Tarnas would have instead “kept it alive” and attempted to work on possible amendments to address any valid concerns.

But he didn’t.

Saiki’s public position in support of Clean Elections was a sham.

The people got played. Anyone who talks to anyone in that big square building will tell you this (with a wink, a nod, in confidence, and off the record of course).

Regardless of what Saiki said in January when he introduced HB2321, the House Clean Elections bill, it’s overwhelmingly obvious that Speaker Saiki does not really support its passage.

After garnering the media recognition and accepting the accolades of the bills supporters, he now throws them under the bus.

It’s clear as day his public posturing at that time was disingenuous, less than forthright, misleading, and yes duplicitous. Others will say he was just doing what politicians do, posturing for the headlines (which he got) and then killing the bill behind the scenes (which he did).

If the scuttlebutt in the building is off the mark, if the whispers and the knowing chuckles on the Capitol rail somehow have misread the situation, and if the writers and columnists like myself are universally all wrong – then the Speaker should say so.

Actually action speaks louder than words. There are two separate but similar Clean Election bills that remain alive. SB 2381 could be re-referred, deadlines extended, and put back on the table OR SB1543 which is sitting in conference committee could be revived.

These actions and the passage of Clean Elections into law would of course require support from the Senate. But given that recently 100% of them voted to pass SB2381 – I can’t imagine them not being willing to work together with Speaker Saiki and the House and pass this incredibly important reform measure.

Please share this message. Please also contact Rep Tarnas 808-586-8510 reptarnas@capitol.hawaii.gov and Speaker Saiki 808-586-6100 repsaiki@capitol.hawaii.gov and let them know how you feel on this issue. Today. Over the weekend.

Tell them to pass Clean Elections – now.

And remember, when they tell you it’s too late, the deadline has passed, and that there’s no money – know that they are not being truthful with you.

Sincerely,
Gary Hooser
Former Hawaiʻi State Senator, County Councilmember and many other things…presently a proud father, grandfather, tutu-man, and good-troublemaker.

The Final 100 Days – Campaigning by the numbers

Because the vast majority of legislative seats in Hawaiʻi are held by Democrats, the Primary Election of August 10 is everything.

Even for nonpartisan County Council races, finishing strong in the primary election is hugely important.

At 7pm on August 10 this election will officially be over.

While the beautiful and bountiful lady will not sing until August 10, for most races it will really be over in just 100 days.

So you candidates out there best be kicking it into high gear.

Today is Wednesday April 3, 2024.

The Office of Elections https://elections.hawaii.gov begins mailing ballots to voters on or about July 15 voters and by July 23 every registered voter in Hawaiʻi will have received a ballot. Consequently, people will begin filling out their ballot as early as July 15th or 16th.

Candidates have only 100 days to gain “name recognition” and convince voters to mark the box next to their name.

Yes absolutely, candidates can and must push hard all the way through the final 17 days until 7pm on August 10, but the lion’s share of the work must be done prior to that critical moment when “ballots hit” the mail box.

According to the Office of Elections, in the 2022 primary election only 2.7% of all votes cast were done in person on the actual day of the election. Everyone else filled in the ballot that came in the mail and either mailed it back or dropped it off at a designated “place of deposit”.

Incumbents have the all-important benefit of name recognition. Newc candidates must work hard to gain that essential element by canvassing neighborhoods, knocking on doors, putting up signs and banners, holding signs along the highway, and spending money on direct mail.

And yes, this work has to be done now. The voter must see the candidates name and gain a favorable impression, multiple times in order for that impression to “stick”.

100 days from now, when the voter is scanning the names on the ballot, they’ll vote for a name they recognize and feel good about. That’s the start and finish of winning an election.

If the voter has only a vague impression or no impression of the candidate at all, they will vote for the incumbent, leave it blank, or perhaps vote based on ethnicity, gender, political party, or other factors.

Name recognition and a positive “feeling” is what drives most voting decisions – “I’ve seen this person or read about this person or I got something in the mail from this person or my friend who I respect is supporting this person or this person came to my door…and they seem competent, professional, thoughtful, responsive…So therefore I’m going to vote for them.”

Issue questionnaire’s published by advocacy and media organizations can be valuable tools for evaluating the core values and “issue positions” of candidates, but at the end of the day it’s about recognizing the name and feeling comfortable in placing that X next to it.

Of 853,874 registered voters in Hawaiʻi (2022), only 40% actually voted – 517,000 votes were literally left on the table.

Over half a million Hawaiʻi residents did not even bother to open the darn envelope, check a few boxes, stick it back in the envelope, and return it postage paid.

Clearly it’s because no candidate motivated them to do so, and far too many in our community believe their vote doesn’t matter.

It’s the candidates job over the coming 100 days to reach out to these voters and convince them otherwise. As citizens, it’s our responsibility to seek out and support those candidates we like.

Let’s do it.

When these 4 candidates win, all Hawaiʻi wins.

I’m hoping you read my earlier short blog piece – Looking for Change-Makers.

You’ll be happy to know I’ve found them: Kim Coco Iwamoto, Tina Nakada Grandinetti, Ikaika Hussey, and Laura Acasio.

I’ve been doing policy and politics work in Hawaiʻi for over 20 years and have seen many candidates come and go. Trust me on this – these 4 are the real deal and represent the kind of change-makers we need.

They win and all Hawaiʻi wins. So let’s help them. Regardless whether you “live in the district” or not, please join me in offering them each a campaign contribution, from $20 to $2,000.

Please spread the word to family and friends regardless of where they live – we all need to join together to help them.

Without any exaggeration whatsoever, electing Kim Coco Iwamoto to serve in the State House representing District 25 Ala Moana, Kaka‘ako, Downtown will be a game-changer.

Her life experience shows without question her values, competency, and commitment to community.

* Former member of the Board of Education and Hawaiʻi Teacher Standards Board
* Former member of the Hawaiʻi Civil Rights Commission
* Coordinated free legal clinics at homeless shelters and provided affordable housing opportunities to families qualified for housing assistance
* Volunteer with Nā Keiki Law Center, Legal Aid Society of Hawaiʻi, Legal Services Hawaiʻi
* Board member of numerous non-profit community-based organizations
* Legislative staff in Hawaiʻi State Senate

Kim Coco Iwamoto is not just qualified but she’s a fearless champion with an unwavering commitment to making our world a better place.

Please support the election of Kim Coco Iwamoto today with an online financial contribution. Small donors are welcome and greatly valued – whether it’s $20 or more please show your support in a tangible way today, by making a contribution!

Tina Nakada Grandinetti is the real deal. She’s running her very first political campaign for election to the State House of Representatives District 20 Lē‘ahi, Kāhala, Wai‘alae, Kaimukī, Kapahulu.

Born and raised on Oahu, Tina is driven by a deep love for the lands, waters, and people of Hawaiʻi.

She believes in politics that put people before profit, and care for ʻāina as the heart and soul of our island community.

Tina earned her Bachelorʻs and Master’s Degrees at the University of Hawaiʻi at Mānoa. She earned her Ph.D. from RMIT University’s Center for Urban Research with her doctoral research focused on Hawaiʻi’s housing crisis.​

Tina is currently a housing policy analyst at a national research and action institute.

Tina Nakada Grandinetti meets the definition of change-maker and then some. She is passionate in her advocacy to make our world a better place and has the education, knowledge, communication skills to back up her commitment. Please, please, please – throw your kokua also behind Tina Nakada Grandinetti by making an online contribution to her as well!

​Ikaika Hussey is a rock solid anchor for working people and environmental protection.

No amount of pressure from the other side will cause Ikaika to move off his core values. I’ve known and worked shoulder to shoulder with him for well over 10 years, and the man is solid.

If we ever needed someone guarding our house (and we do) – Ikaika Hussey would be the person we want at the door. Ikaika is running for election to the State House District 29 (Kahauiki, Kalihi, Kapalama).

Ikaika Michael Lardizabal Hussey’s family tree bridges the archipelagos of Hawaii and the Philippines. In addition to his grounding in labor and environmental/aina based issues, Ikaika is focused on – Housing: Housing is a basic right. We need policies that ensure all people have access to safe, secure, affordable housing. Parks: Our parks should be vibrant gathering centers for citizens of all ages. Education: We can lead in education. We need to set new, higher expectations for what our education system can achieve.

Ikaika has proven many times over through his work and advocacy, that he’s a true change-maker. Let’s help Ikaika Hussey today with an online contribution so that he can bring his skills, ability, and commitment into the legislative arena where true systemic change is so badly needed.

Bringing back former State Senator Laura Acasio Senate District 1 Hilo, Pauka‘a, Papaikou, Pepe‘ekeo is a must!

Former Senator Acasio not only talks the talk but walks it as well, every single day of her life. She’s a champion on issues pertaining to environmental protection, social and economic justice, and she’s willing to call out and speak truth to power – and often when she is the only voice in the room willing to do just that.

As an educator with over 19 years of experience, Laura holds a deep commitment to quality education.

Laura believes:

* Public schools play a critical role in our democratic system and should serve as centers of community and collaborative learning.
* Economic development via a thriving, diversified local economy that includes support for our small-businesses, including food independence, diversified agriculture, and a circular economy.
* With the current climate emergency, we must address how our actions impact our environment and island community.
* Laura is committed to working across State and County governments to chart a path forward for the betterment of our working families.

I know from personal experience how one single individual can make a difference in the Hawaiʻi State Senate. Please give Laura Acasio whatever help you can via an online contribution today.

Ok, I get it. I’m asking you today, to give money today, to 4 different candidates who probably don’t even live in your district – today.

I totally understand that for every single person reading this email, your money can be invested in a variety of ways and some of you have more of it than others.

But I also understand that each person reading this email can give something. Whether it’s $5 x 4 candidates, $20 x 4 candidates or $2,000 x 4 candidates. Myself, I’m giving $100 to each of them.

Yes, there are plenty of other things I can do with $400 – but this is important. I would not be asking you today, if I didn’t truly believe each of these individuals represent the kind of change-makers we so badly need serving in our Hawaiʻi legislature.

Please, today, prior to the end of the week if you can – throw some help to these 4 and then ask your friends and networks to do the same. We need them, and they need us.

Sincerely,
Gary Hooser
Former Hawaiʻi State Senator, County Councilmember and many other things…presently a proud father, grandfather, tutu-man, and good-troublemaker.

Looking for Change-Makers

Got an email recently from an Oahu friend who had been reading my political ramblings posted here at https://garyhooser.blog

He was asking about someone who was serving in public office, told me he had some reservations but was wondering if I thought this particular person was a “good guy” or not.

My response: “He’s a heck of a nice guy, usually says the right things, but never really leads or stands up to be counted when the crunch comes.”

The unfortunate reality is that we have some legislators and council members who are bad, some who are really bad, others who are ok, and a handful who are really, really good.

Frankly, I’m tired of supporting those that are just ok…unless of course the alternative is bad or really bad. Such is the political and voting dilemma.

For the upcoming 2024 local elections, my hope is that voters in our community put their energy, their money, and their votes – first and foremost behind the really good ones – the change-makers.

Change-makers are those who once elected resist the urge to “go along to get along,” and instead are willing to raise their hands, ask the hard questions out loud, debate the issues fairly and openly, vote their conscious, and lead.

When I was first elected to the Hawaii State Senate in 2002, I was told unless my vote on a particular issue aligned with Senate Leadership, protocol required me to ask permission of them first if I intended to “vote my conscience”.

Yes. It was another one of those, “can’t make this stuff up” moments.

I’m thinking everyone should always vote their conscience? Yes?

Certainly the change-makers we need to elect will be those who follow their na’au, rather than bow to the establishment holding the power and money at any particular point in time.

How do you define a “bad or really bad” legislator or councilmember?

First and foremost, it starts with character. More than ideology, it’s character that matters most. Will the person put people and the planet above their own self interest and that of their friends?

The “bad or really bad” serve first and foremost the institutions and individuals that helped them get into power. They may (or may not) also do what they can to help everyone else, but their loyalty is to those higher up the food chain. They pass or kill bills for personal or political reasons, or because someone higher up tells them to do so.

Far too many decisions made by those in public office are fear-based. They’re afraid they won’t get reelected. They’re afraid the “money committee” or “leadership” or “the unions” will punish them if they speak out or vote the wrong way. etc.

They justify it all by citing a strategy of “playing the long game”.

To be clear, the majority of legislators and council members are not bad people. But frankly, at this particular moment in time we need more than just hard work, honesty, and an acceptance of an “ok” mediocrity.

We need change-makers, not place-holders.

We need to find, support, and elect political leaders who are integrity-based decision-makers, who will always vote their conscience, and are driven by the courage of their convictions.

We need political leaders who feel the same urgency of the moment we do, who’re willing and able to build coalitions with the “ok” legislators, and will work with community to propose forward-thinking initiatives that address housing, environmental protection, food sustainability and many other issues.

August 10 is the date of Hawaii’s all important primary election. Soon, the signs and banners will be popping up, candidates will be standing along the highway, knocking on our doors, seeking our votes.

Please join me in looking for and supporting the change-makers.

Sincerely,
Gary Hooser
Former Hawaiʻi State Senator, County Councilmember and many other things…presently a proud father, grandfather, tutu-man, and good-troublemaker.

* “Looking for Change-Makers” published in The Garden Island newspaper 03/27/24.

Clean Elections – Tipping the scale for democracy

The Chair of House Judiciary and Hawaiian Affairs (JHA) Big Island Representative David Tarnas, along with other committee members including our own Kauaʻi District #16 Representative Luke Evslin – recently killed the Clean Elections bill SB2381.

Despite the measure passing the Senate unanimously, and being a top priority of the Democratic Party of Hawaiʻi, a handful of Reps in one committee has decided nope – it’s not a good idea.

Any one of them could have raised their hand and requested the measure be amended to satisfy concerns, but none did.

There’s still time to do so, but action must be taken this week.

SB2381 Clean Elections is based on a proven model now in place in Maine and Connecticut that provides basic but limited public funding to candidates running for election to public office.

In return candidates agree to strict spending limits and are prohibited from accepting private donations (above $5).

SB2381 has unanimous and bi-partisan support in the Senate, House Speaker Scott Saiki has introduced an identical measure, it’s a top priority of the Democratic Party of Hawaii, and supported by a wide array of civic organizations – across the state.

Representative Evslin and others have expressed concerns about the financial impacts of the measure, especially following the Maui fire tragedy.

It’s important to note, the organization Lahaina Strong has submitted testimony in support of Clean Elections SB2381.

Representative Evslin and other committee members also recently voted to support HB2652 and HB2653 cutting the taxes for the wealthiest in Hawaiʻi. According to the Department of Taxation passage of these measures will cost the state budget over $60 million per year.

If passed into law, the Clean Elections program will begin in 2028. No significant funding would be needed for 4 years, except $200,000 to support increased Campaign Spending Commission staffing.

Finally, the legislature has the power to adjust, shrink, or phase-in the implementation, and thus reduce the cost- rather than just kill it outright.

Rep Evslin is also concerned about abuse by fringe or unqualified candidates. These concerns are addressed in SB2381 to reflect lessons learned in Maine and Connecticut – where the program’s already in place and working successfully.

The influence of money, the need for candidates to raise money from private individuals and private interests, just to keep their job – is inherently corrupting. The most honest of politicians will still return the phone calls of top donors sooner, and pay more attention to the interests and issues of top donors – than they might otherwise do with a normal constituent in their district. Whether consciously or unconsciously, the scales are always tipped in favor of the donor.

Take away that hand on the scale and democracy wins.

Clean Elections legislation has been called “the reform that makes all other reforms possible”.

I encourage all who care about making our democracy the best it can be to reach out today and share your thoughts with Kauaʻi Representative Luke Evslin (District 16 Wailua, Hanamaulu, Lihue, Puhi) – 808-586-6270 repevslin@capitol.hawaii.gov

Ask him (politely and professionally please) to consider sitting down with those who have worked hard on this measure, have studied it closely, and who understand its ins and outs.

Ask him to consider listening closely to the former governors and mayors, Judge Dan Foley Chair of the Commission on Standards to Improve Government Conduct, Common Cause, the League of Women Voters, the Clean Election Coalition, or any of the many organizations and individuals who are in support – and who truly understand how the system works.

Ask him to please participate in a good faith effort to better understand this important measure and work on a positive way forward.

To be clear, I believe Representative Luke Evslin is an honorable man. He is smart, hard-working, and of strong character. My hope is he will seek out the additional information he needs, reconsider his position in opposition, and raise his hand in support of putting Clean Elections back on the table.

The above was published in The Garden Island Newspaper 03/20/24
Additional notes:
Please also call and email Speaker of the House Scott Saiki 808-586-6100 repsaiki@capitol.hawaii.gov
And when he or anyone tells you “It’s too late, the deadline has passed.” Please remind them that the Speaker frequently changes the deadlines and amends or suspends the rules for all kinds of reasons and all kinds of bills – and the only real deadline is when the session ends in May or beyond if extended.

The mess that is the Coco Palms Resort development. 03/12/24 Planning Commission meeting recap

There was only one person at the recent Planning Commission meeting who spoke in support of the Coco Palms development.

The community members at the hearing were united in their opposition to the development with only one person offering a contrary opinion. As to written testimony, not a single person wrote in support of the hotel development.

To be clear, I understand that Mauna Kea Trask (MKT), who is the lobbyist/lawyer for the Utah based developers, is just doing what he gets paid to do.

He and others who hire themselves out to development interests, fight hard to ensure their clients are held to the lowest legal standard of environmental and cultural protections possible. They push back against rules and regulations intended to protect public and environmental interests, seeking the very minimum level of compliance.

I get it. It’s their job to cut the best deal they can for the developer and they get paid well for being good at it.

But on this day, at this meeting before the Kaua`i Planning Commission the situation bordered on the surreal. Mr. Trask was pretty much all alone in defending the three entities who pay him, and who are the core of this mess – Reef Capitol Partners, RP21 Coco Palms LLC, and now Coco Palms Hui LLC (CPH).

I was there along with many others, offering testimony opposing the hotel and supporting the “Petition to Revoke” the permits, citing numerous instances when the owner/developer had acted inappropriately, conducted work on state lands without the required lease or permits, illegally graded and grubbed on conservation zoned lands, failed to consult as required with the office of Fish and Wildlife, illegally dumped green waste, cut down historic coconut trees on state land, and in general misled the county and the state on numerous important points.

Needless to say, my testimony and that of many others was highly critical of Mr. Trask’s clients who were not present (presumably they were in Utah watching the live internet feed). Since he was/is the voice and face of the Utah owners, public criticism of his clients may translate to some as public criticism of Mr. Trask – but I’m guessing it goes with the territory and part of why he gets paid so well for the job.

Friends of Maha’ulepu (FOM), representing several Wailua residents and led by attorney Bridget Hammerquist, was there arguing in support of the “Petition To Revoke” – the various permits due to failure to perform etc.

After the public testimony and after a short lunch break, the Planning Commission reconvened and called Ms Hammerquist on behalf of FOM forward to offer a more extended presentation. Ms. Hammerquist who is legally blind asked me to assist her to the front of the room and sit with her and Haunani Rossi, one of the Wailua residents FOM was representing.

I agreed of course, knowing I was there only to provide support and assistance and not to speak in any official capacity.

The three of us moved to the front of the room and were joined there by Mauna Kea Trask representing Reef Capitol, RP21 and CPH.

As the presentations unfolded, Mr. Trask immediately objected to my presence and asked the Planning Commission Chair Donna Apisa to instruct me to leave my position at the side of Ms. Hammerquist – saying that protocol called for only attorneys and their clients sitting in the front.

To their credit, Chair Apisa and Deputy County Attorney Laura Barzalai acknowledged the obvious – that I was there as an assistant to and at the request of Ms. Hammerquist who is legally blind. They then basically said it was our call. Bridget said she preferred me to stay. So I did.

Needless to say, the tension between Mr. Trask and myself, who were at that point sitting directly next to each other, increased significantly.

The presentations between the two sides then continued.

Mr. Trask was emphatic that his clients were being falsely accused. It was a masterful performance really. He waved in the air for everyone to see (metaphorically speaking) a lease for state crown lands fully approved (in his dreams) by the Board of Land and Natural Resources (BLNR) – which he does not possess.

While Mr. Trask insisted his clients held a valid lease, he failed to present any document other than a proposed draft signed by a deputy attorney general “as to form” but not signed, authorized, or approved by the BLNR.

MKT says CPH has a lease on the Coconut Grove that was assigned effective July 17, 2014 and approved by the BLNR on May 25, 2018 (4 years later). This lease assignment was apparently stamped and signed “Approved As To Form” by a deputy state attorney general on February 13, 2024 (10 years after the supposed initial assignment) – but as yet still unsigned by the Chair of BLNR.

The Chair in 2014 William Aila didn’t sign it and neither did Suzanne Case who was the Chair in 2018.

So…we are supposed to believe a lease that was effective in 2014, but not really approved until 2018 and never signed by the Chair of BLNR then, and now 10 years later in 2024 the new Chair and a different BLNR is supposed to just sign off without actually scheduling a meeting, hearing public testimony, discussing the issue and then voting?

I think not. But MKT of course thinks otherwise and enthusiastically waved around references to that draft lease and insisted his clients had “site control” and by-goodness had a genuine lease…well more or less they had a genuine lease…and it was as good as a legal and binding lease…of that he was absolutely sure.

When attorney Hammerquist requested my assistance in reading into the record an email that would have clearly refuted this claim, Mr. Trask vehemently opposed her request.

It was appalling really. Though an incredibly bright and articulate attorney, she is legally blind and Mr. Trask was objecting to her asking me to read into the record something on her behalf. Unfortunately the Planning Commission Chair concurred.

The email in question was from the Department of Land and Natural Resources (DLNR) Kaua`i Land Agent saying clearly, that the transfer of the lease from CPH to RP 21 will require Board approval by the BLNR at a public meeting.

Reef Capitol, RP21 and CPH are all represented by Mauna Kea Trask. They are all trying to assume the Ground Lease of the Coconut Grove that’s currently under the name of Coco Palms Ventures (CPV).

CPV was dissolved in 2018 and no longer exists. Donna Apisa, now Chair of the Kaua`i Planning Commission was a real estate broker for CPV in 2007 and representative for the Coco Palms as part of the 2009 DHHL Wailua Regional planning process.

Before CPV was dissolved, they attempted to transfer the Coconut Grove lease to CPH but that transfer was never finalized because CPV was behind in its taxes, failed to file the required annual reports, failed to maintain the property etc.

RP21 arrives on the scene in 2022 and takes over CPH, which was also behind in its taxes. RP21 then cleans up the Coconut Grove, pays the back-taxes for CPH but apparently not for CPV, and starts working on-site at the Coconut Grove claiming that since it owns/controls CPH which has a valid lease it got from CPV, that lease can be transferred again to RP21.

Whew. Yes, it’s complicated and surreal, and it gets worse.

MKT on behalf of his client is also denying they cut down historical coconut trees without permission from the state as is required in the lease.

He explained in writing to the BLNR “The coconut trees are grasses so you can’t tell their age like you can with trees but we know the trees are not from before 1983 and the 1983 lease only prohibited CPV cutting trees that were growing at that time.”

Translation: No one knows how old those coconut trees are except us and we know they are not that old and we only cut down the trees born after 1983.

Seriously folks, can’t make this stuff up.

He’s also denying his clients did any grading and grubbing on conservation land without permits, even though there are numerous eyewitnesses, and video photography of it occurring.

In his formal “Reply to the petitioners…” MKT denies his employers are illegally grading and grubbing on conservation zoned lands. He starts out essentially saying it’s none of the County’s business anyway saying “Neither the County of Kauai Planning Department nor the Commission have jurisdiction to regulate land use and zoning within the Conservation District.” As if his bosses don’t need no stinking grading and grubbing permit and the County should mind its own business.

In his written declaration, MKT provides page after page of email and photographs from 2021 and 2022 detailing and documenting the homeless camps that were removed during that period of time.

He then went on to tell the Planning Commission that what I (Gary Hooser) said I saw in my declaration is not really what I actually saw. MKT says, “What Mr. Hooser observed was the clean up of this area, not its destruction.”

Obviously Mr. Trask has no clue what I saw and prefers to just make it up as he goes along, desperately seeking to justify the illegal actions of those paying his salary.

To be absolutely clear, I have pictures and other eye-witnesses who will say the same – the earth-moving and clearing I witnessed did not involve the moving of rubbish left in the area by the homeless. The machine I saw working was moving coconut trees and green waste that had been cut down from the nearby coconut grove and dumped on conservation land – without the required grading and grubbing permits or permission, in violation of the County approved green waste disposal agreement, and in violation of the coconut grove state lease.

Responding to concerns and questions about the traffic impact caused by 500 or more cars entering and leaving the hotel at the Haleilio Road and Kuhio Hwy intersection, MKT assured the Planning Commission that one of these days his clients will update the now 10 year old Traffic Impact Analysis Report (TIAR).

He also repeatedly assured the Commission they will also eventually renegotiate and fulfill their affordable housing requirement, and restructure their parking stall requirements.

He spoke emphatically about the dedication and commitment his Utah bosses had in their hearts for the Hawaiian community, and about all the money they had spent as further proof of their sincerity.

When asked about the allegation his clients had not complied with the requirement to consult with and seek guidance from the United States Department of Fish and Wildlife (USFWS), MKT double-downed and assured the Commission without a doubt that requirement had been met.

Yep. Checked that box. Consulted with USFWS. Done.

However, he failed to mention that USFWS’s response was:

“The service disagrees with Coco Palms Hui LLC’s determination because there are no measures described in the application that will minimize adverse effects to listed species and candidate species.”

The letter written in 2015 by Aaron Nadig of the USFWS in Honolulu went on to say while CPH acknowledged the presence of the Newell Shearwater, the service also identified as being present or traversing the area, the endangered Hawaiian Blacknecked-stilt, Hawaiian Moorhen, Hawaiian Coot, Hawaiian Duck (Hawaiian waterbirds), endangered Hawaiian Goose, endangered Hawaiian Petrel, Band-Rumped Storm Petrel, and the threatened Green Sea Turtle.

Can’t make this stuff up. Seriously.

At the end of the day, Mauna Kea Trask and his Utah real estate development clients won. In spite of what I believe to be overwhelming evidence to the contrary, he was able to convince a majority of the Kaua`i Planning Commission that his clients were not liars, cheats, crooks or scoundrels.

While the community based effort to hold the developers accountable fell one vote short of moving forward, there was significant success in terms of pulling back the curtain on the shibai politics upon which this house of cards is built.

Mahalo to all who took the time out of their busy lives to send in testimony, and to show up. Mahalo plenty. Stay tuned for the the next chapter in this ongoing real life, real political – saga.

Footnote: On the day following the Planning Commission meeting, there was a strong accusation made by a credible member of the Hawaiian community on social media stating the developers had disturbed up to 50 ancient iwi kupuna graves on the property. I immediately forwarded that information on to the appropriate State and County authorities. At this time this claim has not been verified and I believe but am not absolutely sure is being investigated by independent observers.