Collected: 55 Signatures.
It is the position of the community at large that measures by councilman (district 6) Guy Enriques to illegally privatize Kamaoa Rd. (Old Gov’t Rd.), serves to legitimizes the illegal gating of a public road by special interests and in no way serves the greater good of the citizens of Hawaii County. To benefit a political supporter, Mr. Enriques is pursuing to illegally privatize Kamaoa extension, a public road, without total consensus from abutting landowners, effectively removing opposing landowners' road access and undermining civil liberties. Deeded easements to Hawaiian grave sites and ancient trails will be permanently compromised by his actions. He also proposed closure of the illegal gate to this public road, effectively disallowing access to the general public. Mr. Enriques wants to privatize Kamaoa Road land locking TMK XXX circumventing due process by not notifying that affected landowner. This also effectively remove access to landowner and tenants at TMK XXX. Additionally neighboring landowners were either not notified or there was an attempt to exclude them from Kamaoa road privatization meetings and/or hearings. This road privatization would solely benefit one of Mr. Enriques' supporters at the expense of some of the other affected landowners and the general public.
We, the People, oppose Mr. Enriques' resolution and attempt to illegally privatize Kamaoa extension Rd. (Old Gov't Rd.), a public road, in Ka'u.
Below are correspondences between an affected landowner and Mr. Enriques, open and transparent for all to review.
RE: Illegal privatization of Old Gov't Rd. in Ka'u
Wed 5/12/10 8:09 PM
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Again, please be put on notice that you are actively pursuing the removal of landowner civil liberty with intention to cause harm. You continue to turn a blind eye to the fact that many utilize this public road to access properties; to ranch; to visit familial grave sites; to access ancient trails; and more. On the meeting of 10/22/09, you specifically said the gate is to remain closed, but not locked. Transcripts that have failed to be provided to me, will prove this. Once again, we demand that the illegal gate to the public road be removed immediately.
I understand that you have a busy schedule, as do I. I find it very difficult to farm and attend to my work when forced to protect my rights and liberties.
Subject: RE: Illegal privatization of Old Gov't Rd. in Ka'u
Date: Tue, 11 May 2010 12:02:03 -1000
Our position on Kamaoa Road, west of South Point Road has not changed. The majority of land owners abutting said road has not changed their position on privatization. The process of abandonment we are taking is standard procedure for roads that do not serve a general public purpose. In regards to the gate, as you recall we did respond to your request and has required that the private land owner keep the gate open to the public. As far as paving this section of road, for any public road to be considered for paving, you would need the majority of land owners to agree.
Though I understand Mr. Bxxx’s concern’s, his property does not abut Kamaoa Road and therefore is not legally involved in the current process. I have made several attempts to reach Mr. J Kxxx and he has yet to return my calls. As Mr. Bxxx, Mr. Kxxx’s property does not abut kamaoa road, and access to his parcel is unclear at this time.
I do apologize for not meeting your request to respond in 10 days. With the work load on staff and myself, it is not often possible to meet that request.
Councilman Guy Enriques
From: gypsie me [mailto:email@example.com]
Sent: Friday, May 07, 2010 10:33 AM
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Subject: FW: Illegal privatization of Old Gov't Rd. in Ka'u
Dear Councilman Enriques:
It's now almost 2 months since my certified letter to you regarding your intentions with the Old Gov't Rd. in Ka'u. I have no choice but to take your silence as continued efforts to undermine liberty and obstruct justice by pursuing privatization of the Old Gov’t Rd. in Ka’u in favor of a selective party. Opposition by abutting landowners and the community at large seem to have made no impression on you. Unless you state in writing of your abandonment on this issue, we hereby demand that you remove the illegal gate to the public road called Old Gov't Rd.(Kamaoa Rd. on some maps), effective immediately. This is the same gate that you proposed should be closed, but not locked (at the clandestine meeting held on 10/22/09 of which my repeated request for transcripts went unheeded). Perhaps you did not realize this is in violation of the law? Additionally, we would like to see this pubic road paved as a similar road off South Point Rd. that served 1 landowner was paved.
Past history indicates that it is not likely I will get a reply from you, but I will once again request your response within 10 days. Thank you. A copy of this letter is being sent to you by certified mail.
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Subject: Illegal privatization of Old Gov't Rd. in Ka'u
Date: Tue, 16 Mar 2010 18:37:44 +0000
March 15 2010
To: Guy Enriques, Council Member, District 6
Dear Councilman Enriques:
Thank you for the courtesy of your reply, more than a month after my written request. In response to your letter, please be aware that I am not the only one unhappy with your continued efforts to undermine individual liberty and obstruct justice by pursuing privatization of the Old Gov’t Rd. in Ka’u in favor of a selective party (D Kxx). This action directly contradicts your purported attempt to “bring consensus” between myself and the D Kxxxos as it displays outright political favoritism. My mistake; the meeting held in your office took place on 10/22/09, not November. It may be construed as private and clandestine when I was given one day’s notice while other members of the community (Bxxx; R Kxxx (sp?) who had personal testimonies of why they oppose privatization) were denied access.
Since I only had one day’s notice of this meeting, I was not able to notify the Kingdom of Hawaii of your intentions to sell land/road that’s not within your jurisdiction. I didn’t have a chance to contact the native Hawaiian families who utilizes said road in order to visit their family’s grave sites of which they have dedicated rights. Nor was I able to notify my other tenant Gxxx, who had been harassed and threatened by the D Kxxxs since his arrival in January 2009. Neither did I have opportunity to apprise the general public that you have proposed to deny passage to ancient trails accessible through said road.
Can you explain favoring a party who had maliciously and deliberately locked me out of my own property by illegally locking the gate to a public road (Old Gov’t Rd.) for 3 days until I got the police involved? How can you justify favoring a party who barricaded my tenant R Kxxx, a local man, along with his 12 y.o. daughter inside the gate, then proceeded to physically assault him with 7 men, while his daughter watched in horror? Can you truly turn a blind eye to a neighboring farmer who stipulated that major theft/damage to his crops have substantially declined when the gate remained unlocked, deterring theft “behind locked doors”. At a time of crises when famine and paucity prevails globally, how could your office justify harassing small farmers by nickel-and-diming them for permits on chicken coops and storage containers? Do you not question why the aggressors whom you favor, go to such lengths to control usage of this road? How can you contend that you are attempting to “bring consensus” when despite notification of these illegal, violent occurrences and public opposition, you are still favoring the aggressors by pushing for privatization?
It is the position of the community at large that privatization of the Old Gov’t Rd. merely legitimizes the illegal gating of the road by special interests and in no way serves the greater good of the citizens of Hawaii County whom you serve at the pleasure of. Furthermore, there is concern among the district 6 electorate that efforts to legitimize the gating of the Old Gov’t Rd. through Council action is driven by the same special interests that illegally gated it in the first place. We also wish to express our disappointment that the Hawaii Planning Dept has apparently reversed its earlier position that the Old Gov’t Rd. has "no scenic value"(see attachment), and suggest you invite your fellow Council members down for a site visit to the illegally gated Old Gov’t Rd. to see the vistas that the Planning Dept are blind to. It would be unfortunate if the scenic value of KaLae was to be sold to special interests for a few bits of silver in a move by your office.
Since then, you have been duly notified of the magnitude of this issue and the ramifications of your involvement. Once again, you are on notice that by engaging yourself and the county in this matter, not only are you personally complicit in the obstruction of justice, you also implicate the county of Hawaii. I assure you that your resolution to privatize will not go uncontested. Core organizations and greater community members are privy to the situation and a petition is being circulated. Again, I’ve requested case laws where the county has successfully sold a public road (true nature and veracity of the "Old Gov’t" vs. "New Gov’t" i.e. Kingdom Of Hawaii vs. Federal/State/County aside for the moment) without absolute consensus from abutting landowners and local community opposition, as well as a copy of the recorded private meeting held in council office on 10/22/09, to no avail. We demand transparency.
Please respond to me in writing within 10 days as to your intentions on this matter. If you still persist in following through with privatization, please be kind enough to notify me in writing (email and certified mail) at least 2 weeks before your resolution is slated for council hearing, so that we will have time to mobilize the community and invite the media. Thanks for your cooperation and expedient reply as I would like to put this matter to rest for the sake of allocating my precious time to growing food without harassment.
Subject: FW: privatization of Old Gov't Rd.
Date: Tue, 26 Jan 2010 08:38:44 +0000
It's been almost a month since my correspondence to you (email and certified mail) regarding opposition to privatization of the Old Gov't Rd. in South Point. To date, I have not yet received a reply as to your intentions on this matter. On another matter, your office initiated a complaint to the county regarding unpermitted chicken coops and a storage/tool container. As a small farmer, living sustainably with the aina, it is appalling that the county would try to nickle and dime those of us who do our best to leave as little foot print on mother earth as possible. I would like an explanation to the continuing harassment and would like to see you do the right thing by retracting the complaint. Thank you.
Subject: RE: privatization of Old Gov't Rd.
Date: Tue, 29 Dec 2009 00:29:59 +0000
After consulting with the attorney general and other legal entities, I hereby vehemently oppose the privatization of the Old Gov’t Rd. As stated to you before, my attorney has advised against being part of an illegal transfer of property, for obvious reasons. The Old Gov't Rd. cannot be abandoned as it is currently being used by the public. You have been notified on more than one occasion that the D Kxxxs have tried to deny access to my property fronting said road by using intimidation, coercion, control, and finally violence. By accommodating their wish to privatize, you are complicit in the D Kxxx’s actions and will be held personally responsible.
You are mistaken in stating that there is no public need for the road. To the contrary, the public will be poorly served by privatization and sale of the road. My family and I, together with affiliates utilize this road to access my property. My tenants utilize this road to access their leased land. Other adjacent land owners utilize this road to access their properties. A native Hawaiian family utilizes this road to access a dedicated easement across my property to their family's grave sites. There are ancient trails accessible through this road. The fire dept. will need to utilize this road in case of a fire. The police will need to access this road should my neighbors continue with their controlling, intimidating, violent behaviors. A neighbor to the north needs access to this road to investigate theft of his crops.
You are correct that you and the county will be held liable if you persist in pushing for the sale of this road, knowing all the issues involved.
Please be put on notice that by involving yourself in this criminal matter, you are complicit in the obstruction of justice.
I’ve asked you to refer me to some case laws where the county has successfully sold a public road without absolute consensus from abutting landowners and have not yet received a reply. I’ve also asked you to provide me with a copy of the recorded private meeting held in council office on 10/22/09 and have not yet received it.
Please reply to me within 10 days and let me know how you would like to proceed on this matter. Thank you for your assistance in this matter and Happy holidays.