2008-11-06 TBARSELL - Laserfiche WebLink

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BOWMAN: Thank you. Again, I’m on a fence. I’m on the fence again because this, to me, this area is very, very fragile environmentally, culturally. And I’ve just returned from Molokai with the restoration of the fishponds there. So I’m, have you, just questioning. Have you worked with any local Hawaiian groups to get them involved, Kamehameha Schools or the local Hawaiian Civic Club? J. BARSELL: Yes, Ma’am. They’ve contacted us on several occasions to help us with the removal of the mangroves and working with the fishpond wall, but nothing has ever come of any of that. We’re on our own on that. BOWMAN: Well, it would seem to me as being a native Hawaiian also that that expertise would be valuable to have a group work with you, and I think also to help support your efforts. I would suggest, you know, like Kamehameha Schools. J. BARSELL: I agree it would be helpful but the actual help has not been forthcoming. YEH: That’s something, of course, that can be worked on in terms of trying to develop a little more expertise or information. ALAMEDA: I -. WOODWARD: All right. Yes, Commissioner Alameda. ALAMEDA: This is a question just based on my ignorance. Like what if somebody wanted to access that fishpond there because it’s beautiful from a boat? Like so do the applicants own the water or how much in from the land do they own or -? I mean is it trespassing with a boat? I don’t know. YEH: Okay. If you take a look at the aerial photo, you can see that submerged -. DARROW: You can use, the red, it’s the laser -. YEH: Okay, I’ve never used these things before. But, okay, got it. Right here essentially is the remnants of the wall, but part of the CDU application allowed it to be restored. And then there’s going to be a, I think John maybe you can take a look, there’s a makaha that’s going to be opened, continue to be opened here to allow, you know, ingress and egress of fish to occur. Historically, and from a legal standpoint, the wall itself once it’s done as well as inward is not really considered to be navigable waters, so to speak. But it will be, so it is private. And part of the concern about people traversing or walking on the wall from a public standpoint is that you’re going to have deterioration and crumbling. So the idea is to try to avoid an overall wholesale public entry into those areas. ALAMEDA: So if somebody would be swimming, at what point would it be trespassing if they get close? Like is the wall the trespass -? YEH: Probably the wall would be like the boundary. It is actually the boundary of the property. That’s what comprises the 16.9 acres. EXHIBIT B 11