HomeMy WebLinkAboutCOM 0853.012 2010-2012 P/FG
Murashige, Laura (-I)M141 E53
From: kamanakai @hawaii.rr.com -
Sent: Sunday, October 07, 2012 1:44 PM
To counciltestimony @co.hawaii.hi.us ;; °" - ;;1 0: 5 1
Subject: Papaikou Beach Access Resolution no 308-12 -
TO: ALL MEMBERS OF HAWAII COUNTY COUNCIL
FROM: MARY SPENCER
DATE: 10/05/2012
RE: RESOLUTION NO 308-12: TO PROVIDE PEDESTRIAN PUBLIC ACCESS EASMENT TO BEACH AT
PAPAIKOU
Aloha Council Members,
My name is Mary Spencer. I live at 27-273 Mill Road, Papa'ikou. I am writing to you in
support of the resolution to provide public access to the beach at Papa'ikou. Due to work
commitments I am unable to attend council meetings held during weekday work hours, but
this issue is very important to me.
According to HRS 205 A-1, beaches and shorelines extending to upper reaches of the waves
at high tide are public property. Although this law does not specifically require public
access, it only has meaning if there is public access to the beach. Additionally the
Constitution of the State of Hawaii "...reaffirms and shall protect all rights, customarily
and traditionally exercised for subsistence, cultural and religious purposes..." Although
I am a relatively recent resident and not native Hawaiian, I strongly believe that these
issues are of extreme importance for all people in the state of Hawai' i, to honor and
value the history and culture of these very special islands. I believe the restriction
placed by land owners of the former mill violate the intent and spirit of both of these
issues.
Although I have only lived on Mill Road for 6 years, I know many people in the extended
community that grew up visiting the beach at Papa'ikou for fishing, swimming, surfing and
have stories of generations of family that have used this beach. I am sure many would
like to share those stories with you. I enjoy hearing these stories, the oral history of
this area. I believe that in this culture, oral history is as valid as maps and possibly
more valid. I value the times I have been able to visit this beautiful beach. In my
time as resident of the street, it has been my pleasure to meet many people walking past
my house to visit the beach. I have not had even one incident of vandalism, theft or rude
behavior by beach visitors. I have observed and experienced rude comments and unfriendly
behavior from the land owner.
I also have concerns about the ability and willingness of the property owners to maintain
Mill Road. The area in front of my property is wide enough for cars to park and be
completely clear of the paved road, but the land owner insists that I cannot allow family
or friends to park. They have repeatedly reminded me that they own the road and can have
cars towed from the unpaved shoulder in front of my house at any time, and yet they do not
maintain the condition of that area. My husband and I maintain the area in front of our
property, as do most residents of the street, but those not maintained by homeowners are
unkempt and detract from the neighborhood. I have been told that the residents of
Silverton Camp paid for resurfacing of road and installation of street lights. Last year,
one of the street light poles was compromised, the residents came together to replace the
pole without the help of the land owner. The land owner frequently states concerns for
their liability in owning the property. It seems to me that relinquishing this road would
resolve this problem. According the Harold Tribune, the property owner is suggesting an
alternative trail to the beach, but I am concerned if the alternative route would address
issues with Mill Road, and if it would allow unrestricted access and be enforceable if the
eminent domain process is terminated. My understanding is that if the eminent domain
process is stopped it cannot be started again for some time.
Concerns have been expressed about possible disrespectful or harmful use of the property.
I truly believe that the community can handle any problems and will come together to care
for the trail and beach in much the same way as the Honoli'I beach community. There are
many people, who love that beach and will protect and care for it, not leaving it for just
one family/land owner to do all the work. I will happily join the effort to care for
trail and beach with my time, money and labor if there is unrestricted access.
I believe all agree that the use of eminent domain should be approached with great care.
At the public meeting hosted by Mr. Yagong, he stated that the land owner has refused to
consider any other possible resolutions (until the eminent domain process was in' tiated) ;
1 Comm. No. . 1 L
Ref.To: '/
Ref. Date OCT 1 0 2012
including donating or selling land and that at this point it is the only option to allow
public access. It is a process to weigh the rights of individual property owners with the
rights and needs of the public. I believe the County Council has a responsibility to
represent the public interest, the private landowner will have ample opportunity to
present the private interest. By passing this resolution the County is allowing the
public to be heard in a court of law, which is charged with weighing private and public
interests. The resolution does not guarantee that the property will be converted from
private to public use, but allows both sides to be heard. Without this resolution the
only side considered will be the land owner.
Thank you for your time and effort on behalf of the community, Mary Spencer
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