HomeMy WebLinkAboutCOM 0573.004 2020-2022 Comm. 5,1n
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Sent: Monday,January 10, 2022 7:57 AM
To: Council Testimony
Subject: FW: Let's obey the law the Council passed. Mahalo. New Hearing?
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From: mak221@aol.com
Sent:Sunday,January 9, 2022 11:42 AM
To: Kimball, Heather<Heather.Kimball@ hawaiicounty.gov>
Subject: Let's obey the law the Council passed. Mahalo. New Hearing?
Aloha Honorable Councilmembers:
Please put this on the agenda. The Council works for the people, not for Rich Developers.
Mahalo!!!
Dear County Council member Heather Kimball,
In 2005, we the public, the Pepeekeo neighborhood association and it' s
fishing committee, and the County were promised by Continental Pacific
LLC and it' s principal Jere Henderson an additional convenient drive-
up public vehicular access and parking area easement near the
shoreline trail south of what is now the Hu Honua power plant site at
a popular fishing spot known as "Iron Post" and delivery of all public
access easement documents for Continental Pacific' s Pepeekeo Makai
subdivisions within 6 months in exchange for the County Council' s
approval of zoning Ordinance No . 05-50, hereto attached.
This additional convenient public drive up shoreline access was
suggested by Continental Pacific in the Council hearing on the day of
the final vote on its zoning bill . Ordinance No . 05-50, conditions A
and D, creating this additional public convenient drive up access to
the shoreline trail south of the power plant should be interpreted
with the legislative history in mind. The transcripts of the planning
committee meetings and council meetings on the subject are elucidating
as to what was promised and intended.
Comm. No,
Ref. o: T
1 Ref. D to j '18 0
This condition D was proposed in the wake of, and in restitution for,
scandalous behavior on the part of Continental Pacific and principal
Jere Henderson consisting of : (1) failing to submit and holding
hostage the required dedication documents conveying public access
easements to the County at the time of final subdivision approvals;
and (2) fraudulently inducing the Pepeekeo neighborhood association
and fishing committee into supporting Continental Pacific' s project at
the many Planning Commission hearings for entitlements by showing them
several convenient vehicular access easements in the Pepeekeo fishing
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committee' s favor on the submitted preliminary subdivision maps and
then taking them back by removing the easements on the final
subdivision map that was issued final approval by Planning Director
Chris Yuen. The council was prepared to vote down the zoning bill for
good cause up until the additional convenient drive up public access
was offered.
In 2018, Jere Henderson (also principal of "Gault' s Gulch, LLC) , owner
of TMK 3-2-8-8-100, unilaterally fenced off the County dedicated
additional convenient public vehicular access easement and parking
area created by conditions A and D of Ordinance No . 05-50 . A zoning
violation warning from the planning department issued. Nonetheless,
Mr . Henderson is now negotiating with planning department staff Alex
Roy to permanently move the parking area several hundred feet from the
shoreline and eliminate the dedicated public vehicular access to the
shoreline, thus taking back the additional convenient drive up public
access to the shoreline at Pepeekeo Makai altogether.
This proposal of Mr. Henderson' s, and the planning department' s
entertainment of it, is unreasonable, unfair, violates the public
trust doctrine, and employs unlawful procedure because no application
to change conditions A and D of Ordinance No . 05-50 has been made in
three and a half years hence .
Reasonably convenient and safe public vehicular access and parking
near "Iron Post" is possible but it has not been restored in three and
a half years . Gault' s Gulch uses the dedicated public vehicular
access to access their gate into their property some 80 feet or so
from the shoreline .
The public shoreline trails at the Pepeekeo makai subdivisions
consists of a ten foot pedestrian trail within a 25-foot corridor at
the flat, walkable portion from top of pall, which automatically moves
mauka from the eroding cliff edge over the passage of time, by the
original development agreement between the County planning department
and Continental Pacific . No delays for survey' s are required to
restore public access due to erosion. Yet Jere Henderson has been
allowed to stall resolution of his unlawful act of blocking access to
the Pali trail at `Iron Post" for three and a half years .
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The community and z ask that you put this matter of violation of
zoning Ordinance No . 05-50, conditions A and D on the Council' s
planning committee meeting agenda in the form of a proposal for a
Council resolution directing the planning department to order Jere a
Henderson to unblock the dedicated public vehicular access and provide
for public parking that is a convenient distance from the dedicated
parking area represented in the dedication document as intended (and
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not hundreds of feet away) and provide a connection to the dedicated
public Pali trail without delay while the planning department works
out any technical and legal issues .
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Mark Koppel
Umauma
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