HomeMy WebLinkAboutCOM 0853.057 2010-2012 TESTIMONY TO HAWAII COUNTY COUNCIL Nov 21, 2012 re Resolution 308-12
Charlene Prickett �.
Before the Trail: This land has been a sugar plantation since the 1840s. There cannot be an inch
of land where someone has not gone before. Over the years, there were many ways to get to the
ocean down a ramp connecting various early mill buildings that have long since disappeared,
down outside steps that have crumbled,through the mill that has collapsed, over flumes that no
longer stand, down ropes that rotted long ago. This 1923 picture shows the steep hillside we
bought in 1995 but by our time, it was overgrown with impenetrable 7-foot tall Guinea grass and
weed trees.
Had the County been presented with the option of buying a public access on this hillside, I doubt
you would have considered it. Had Jim Waugh not designed and built this little farm road under
a demolition permit, we would not be here today. Few people would attempt to go down or up
such a steep hill today.
Intended Purpose of the Trail: Clarence Salvador who worked for plantation and excavated
this road with Jim is unique among heavy equipment operators. He was accustomed to risk, and
made his equipment do the improbable. Liability insurance and cost would likely prevent such a
project today. Jim built this road to a grade that will accommodate an excavator in order to
salvage the west end of the mill. Demolition of the mill requires access at both ends. That work
is still ahead of us. Council should understand that this road will be required again for its original
purpose. We have demolished many buildings on this site, including a couple at the bottom of
this hill. Now we need to resume salvage of the mill which was started two years ago.
Consequences: Eminent domain is normally associated with development. Government takes
farmland to build an airport runway or a row of houses to widen a highway. It is a dangerous
precedent when government says you built it... where we couldn't, we like it and we want it...to
use for the same purpose and the same user group. Why would any land owner in this state ever
again voluntarily leave privately owned agriculture land open to access the ocean.
This resolution asks the County to spend revenue it cannot afford for access which already exists
free to the County. The price of the easement and its maintenance will be dwarfed by the cost of
damages accompanying such a taking. The precedent set by this use of eminent domain will send
a signal to big land owners who are providing access better and cheaper than the state or county
ever could. They will rethink their generosity.
We have retained a prominent eminent domain attorney in Honolulu. We would rather spend
that money removing the mill and constructing a public access that works well for the County,
the community and us.
Mill Road residents, particularly those living near the end of the road are very worried about the
increased foot and vehicular traffic that would result with a public access in the current location.
These residents all know the nuisance of cars blocking drive ways while they drop off beach
visitors or wait to pick them up. They know the insult of strangers walking into their yards to
Comm. N. I C3, .S
Ref. To:
Ref. Dote MY 2 1 2012
take fruit or use water hoses to rinse off the salt water. They are weary of cleaning up litter
tossed in their yards by pedestrians. They dread the chain reaction of barking dogs if unlimited
night access brings people walking up and down Mill Road while the neighborhood tries to sleep.
And worst of all, neighbors near the bottom of the road who do not already have fenced yards,
are thinking that they will be forced to fence their property. They remember that the Matsunaka
home suffered a break in before boulders were installed to prevent parking along a derelict lot
near the dead end. You have oral or written testimony voicing these very real concerns from
residents near the end of Mill Road; they are Jean Hasegawa, Grace Onaga, Malcolm Ono,
Marilyn Delacruze, Hokulani Roback and Takeshi Matsunaka. Please consider the impact that
public access would have on these residents living in single wall houses very close to the most
narrow section of Mill Road
GOING FORWARD: I have just learned that there is a way to acquire County access to
Kopilimai Road which is largely owned by Steve Shropshire, though along our property line, we
own to the middle of the road. Legal counsel tells me that by dedicating a small piece of land to
the County near our proposed alternate public access route, we position the County to legally
take an easement on Kopilimai Road to get to the dedicated land.
This is not the tactic that I prefer. It makes more sense to bring the stake holders to the table to
consider the big picture and the future. I believe there is a way for the Papaikou community, the
CDP planners, the developer Steve Shropshire and Jim Waugh and me to problem solve our way
into something special and desirable for this area that allows connectivity between our alternate
proposed public access route and other ocean accesses required of the developer. There is a
precedent for sound planning!
There is now a management agreement in place that can grow and transition us smoothly into a
better framework for problem solving access issues. This management agreement involves input
from the Mill Surfer Team, Malama Papaikou group, Bradda Skibs and Basic Image, the
Papaikou and Mill Road community and the land owners.
By leaving the gate open in 1995 and encouraging surfers to use his little road, rather than go
through the derelict mill, Jim Waugh opened Papaikou Beach back up for the community. He
gave them a gift! In return, he asked only for respect for the place. It will take a year of Jim's
life to build a new trail. He has this one last gift to offer.
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