The purpose of this written testimony is to request that your committee carefully consider and resolve these concerns before voting to confirm any appointments to the East Maui Regional Community Board which will make the appointment process legally credible and understandable to the applicants and the citizens of Maui County.
First, I'd like to encourage that there be one person appointed to represent the Ke‘anae area and one person to represent the Wailua Nui area. Although in the same lease area, these two communities are made up of different taro farmers, they rely on different streams and therefore have different perspectives and needs. I would highly recommend appointing Harry Aukai Hueu Jr. to represent the Ke‘anae kalo farming community, and Jerome Kekiwi or Bush Martin to represent the Wailua Nui taro farmers.
Second, my understanding is that there are contradictions between the enabling Maui County Charter Section 8-19.2 Regional Community Boards and the interpreted records and public information available in the ongoing Application and Appointment Process. Here are two examples for your careful consideration: An excerpt from the enabling Maui County Charter approved by the voters, “Section 8-19.2 Regional Community Boards”. To be certain of accuracy, please check the correctness of the quoted language from the County web site. “There is an East Maui regional community board. In conjunction with the investigation, acquisition, or control of water collection and delivery systems by the water authorities, the council may establish additional regional community boards by ordinance”.
1. “The East Maui regional community board is concerned with the Nāhiku, Ke'anae, Honomanū, and Huelo license areas, and consists of eleven members with a minimum of two members from each license area. Eight members must have experience in water resource management and watershed restoration in the applicable watershed and reside in the applicable community plan area. Of these eight members, four are appointed by the council, and four are appointed by the mayor. The three remaining members are appointed by the council based on the following requirements: one member with experience in water resource management who is actively engaged in ranching, farming, aquaculture, or loko i‘a in the area where water service is provided; one member with experience in water resource management who resides full-time in the area where water service is provided; and one member who is a representative of the Hawaiian Homes Commission, and is recommended by the Department of Hawaiian Home Lands. If the Department of Hawaiian Home Lands fails to recommend a member within thirty days after receiving notice of a vacancy, the council will appoint a Hawaiian Home Lands representative as member”.
The first essential phrase for consideration is. “...reside in the applicable community plan area. The applicable community plan areas are the Nāhiku, Ke'anae, Honomanū, and Huelo license areas."
Honorable Mayor Bissen’s May 2, 2023, letter to Chair Sinenci and the WASSP Committee stated in part, “In accordance with Section 8-19.2 of the Revised Charter of the County of Maui, as amended, I am transmitting my selected appointees for the East Maui regional community board and their assigned license areas, as follows: Mr. Kyle Nakanelua (Ke’anae), Mr. Moses Kahiamoe, Jr. (Nāhiku), Mr. Hugh Starr (Honomanū), Mr. Lester Wong (Huelo)”.
I am also providing this written testimony to convey my concern that the mayor’s appointment for the “applicable community plan area” of Honomanu does not live in the Hana Community Plan area as required by the enabling Maui County Charter approved by the voters. I was informed he lives in Makawao.
I did hear in the last meeting that "As for the East Maui water authority. The requirements for the Mayor’s appointments are different than those of the Council”. And, “The mayor is not required to appoint one person from each of the lease areas”. Those statements do not appear to be accurate or in agreement with the enabling Maui County Charter “Section 8-19.2 Regional Community Boards”. Please publicly discuss and resolve this dilemma which puts the legality and credibility of the new East Maui Regional Community Board at risk and undermines the legal authority of Maui County to acquire the Nahiku, Ke‘anae, Honomanu, and Huelo license areas.
Another example and excerpt from the enabling Maui County Charter approved by the voters, “Section 8-19.2 Regional Community Boards”. To be certain of accuracy, please check the correctness of the quoted language from the County web site. “Eight members must have experience in water resource management and watershed restoration in the applicable watershed and reside in the applicable community plan area". For some reason, the “Applicants Document” states in part, “....resides in the Hana or Paia-Haiku Community Plan Area” for the Huelo License Area. This appears to contradict County of Maui Charter Section 8-19.2 Regional Community Boards which states in part, “....and reside in the applicable community plan area”. Please explain any “interpretation” of this apparent contradiction. Any “interpretation” must strictly align with the County of Maui Charter Section 8-19.2 Regional Community Boards.
Please discuss these issues publicly, these concerns can be addressed and correctly with efficiency.
Aloha Chair Sinenci and Committee Members,
The purpose of this written testimony is to request that your committee carefully consider and resolve these concerns before voting to confirm any appointments to the East Maui Regional Community Board which will make the appointment process legally credible and understandable to the applicants and the citizens of Maui County.
First, I'd like to encourage that there be one person appointed to represent the Ke‘anae area and one person to represent the Wailua Nui area. Although in the same lease area, these two communities are made up of different taro farmers, they rely on different streams and therefore have different perspectives and needs. I would highly recommend appointing Harry Aukai Hueu Jr. to represent the Ke‘anae kalo farming community, and Jerome Kekiwi or Bush Martin to represent the Wailua Nui taro farmers.
Second, my understanding is that there are contradictions between the enabling Maui County Charter Section 8-19.2 Regional Community Boards and the interpreted records and public information available in the ongoing Application and Appointment Process. Here are two examples for your careful consideration: An excerpt from the enabling Maui County Charter approved by the voters, “Section 8-19.2 Regional Community Boards”. To be certain of accuracy, please check the correctness of the quoted language from the County web site. “There is an East Maui regional community board. In conjunction with the investigation, acquisition, or control of water collection and delivery systems by the water authorities, the council may establish additional regional community boards by ordinance”.
1. “The East Maui regional community board is concerned with the Nāhiku, Ke'anae, Honomanū, and Huelo license areas, and consists of eleven members with a minimum of two members from each license area. Eight members must have experience in water resource management and watershed restoration in the applicable watershed and reside in the applicable community plan area. Of these eight members, four are appointed by the council, and four are appointed by the mayor. The three remaining members are appointed by the council based on the following requirements: one member with experience in water resource management who is actively engaged in ranching, farming, aquaculture, or loko i‘a in the area where water service is provided; one member with experience in water resource management who resides full-time in the area where water service is provided; and one member who is a representative of the Hawaiian Homes Commission, and is recommended by the Department of Hawaiian Home Lands. If the Department of Hawaiian Home Lands fails to recommend a member within thirty days after receiving notice of a vacancy, the council will appoint a Hawaiian Home Lands representative as member”.
The first essential phrase for consideration is. “...reside in the applicable community plan area. The applicable community plan areas are the Nāhiku, Ke'anae, Honomanū, and Huelo license areas."
Honorable Mayor Bissen’s May 2, 2023, letter to Chair Sinenci and the WASSP Committee stated in part, “In accordance with Section 8-19.2 of the Revised Charter of the County of Maui, as amended, I am transmitting my selected appointees for the East Maui regional community board and their assigned license areas, as follows: Mr. Kyle Nakanelua (Ke’anae), Mr. Moses Kahiamoe, Jr. (Nāhiku), Mr. Hugh Starr (Honomanū), Mr. Lester Wong (Huelo)”.
I am also providing this written testimony to convey my concern that the mayor’s appointment for the “applicable community plan area” of Honomanu does not live in the Hana Community Plan area as required by the enabling Maui County Charter approved by the voters. I was informed he lives in Makawao.
I did hear in the last meeting that "As for the East Maui water authority. The requirements for the Mayor’s appointments are different than those of the Council”. And, “The mayor is not required to appoint one person from each of the lease areas”. Those statements do not appear to be accurate or in agreement with the enabling Maui County Charter “Section 8-19.2 Regional Community Boards”. Please publicly discuss and resolve this dilemma which puts the legality and credibility of the new East Maui Regional Community Board at risk and undermines the legal authority of Maui County to acquire the Nahiku, Ke‘anae, Honomanu, and Huelo license areas.
Another example and excerpt from the enabling Maui County Charter approved by the voters, “Section 8-19.2 Regional Community Boards”. To be certain of accuracy, please check the correctness of the quoted language from the County web site. “Eight members must have experience in water resource management and watershed restoration in the applicable watershed and reside in the applicable community plan area". For some reason, the “Applicants Document” states in part, “....resides in the Hana or Paia-Haiku Community Plan Area” for the Huelo License Area. This appears to contradict County of Maui Charter Section 8-19.2 Regional Community Boards which states in part, “....and reside in the applicable community plan area”. Please explain any “interpretation” of this apparent contradiction. Any “interpretation” must strictly align with the County of Maui Charter Section 8-19.2 Regional Community Boards.
Please discuss these issues publicly, these concerns can be addressed and correctly with efficiency.
Mahalo,
Napua Hu‘eu
10301 Hana Hwy.
Wahinepe‘e, HI 96708
EastMauiFarm.org