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HomeMy WebLinkAboutCOM 0343.002 2012-2014 CARLSMITH BALL LLP �,I 1 :3 ";all A LIMITED LIABILITY LAW PARTNERSHIP 7013 NOV 27 PH 3: 51 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMTTH.COM SLIM @CARLSMITH.COM November 27, 2013 VIA Hand-Delivery Honorable Valerie Poindexter, Chair Hawaii County Council Committee on Finance 25 Aupuni Street Hilo, Hawaii 96720 Re: Kohala Kai, LLC - Resolution No. 140-13 Dear Chair Poindexter and Members of the Committee on Finance: On behalf of Kohala Kai, LLC, enclosed please find 10 copies of the Kohala Kai Public Access Summary in support of Resolution No. 140-13, which is scheduled for the Committee on Finance meeting on December 3, 2013 in Kona. Applicant Kohala Kai, LLC will be present to answer any questions at the Committee on Finance meeting, and we humbly ask for your favorable support of Resolution No. 140-13. Very truly yours, Vt 04' Steven S.C. Lim SSL:KYL Enclosures xc w/enclosure: William Brilhante, Esq. Planning Director Duane Kanuha Comm. 3 43 a Rat Ref.Date HONOLULU • HILO • KONA • MAUI • GUAM LOS ANGELES Kohala Kai Public Access Summary In Favor of Resolution No. 140-13 KOHALA KAI, LLC ("Kohala Kai") PUBLIC ACCESS SUMMARY, BACKGROUND MAPS (EXHIBITS 1, 2 & 3), AND ADDITIONAL EXHIBITS 1. There is no ala loa or Ala Kahakai trail alignment within Kohala Kai. The Council should vote to accept the public access easement along the fisherman's trail. A. During Land Court proceedings in the 1930's, the State initially claimed an interest in the five foot wide "Mahukona-Kawaihae Road Ala Loa" then exchanged this interest for properties to construct the Kohala Mountain Road. Default was entered against all parties that did not respond (including the County of Hawaii). (EXHIBITS 4, 5a-t) B. In 1999, the late Paul Rosendahl, Ph.D. found that, "No evidence was found to indicate that the jeep road is located on the site of the ala loa trail. The road has been in use for an extended period of time and has probably been leveled and repaired, using heavy equipment, at some time; there are scars on bounders used to fill at least one low area. If the road did indeed follow the original path of the trail, all traces of it have been obliterated by long-term use and alteration." (EXHIBIT 6) C. Bob Rechtman, Ph.D. recently confirmed Rosendahl's findings by site visit and "saw no physical evidence of a former ala loa (foot trail)." (EXHIBIT 7) D. There is no ala loa or Ala Kahakai trail alignment within Kohala Kai and the County Council should vote to accept the Kohala Kai Public Access Grant of Easements. An aye vote will provide the public with a continuous pedestrian public access trail which links to the public access trail in the Kohala Waterfront project to the south. 2. Kohala Kai has fulfilled all public access obligations required by law. A. The Kohala Kai Public Access Grant of Easements, which has already been approved and executed by the Planning Director and Mayor, specifically recognized that: 1) Kohala Kai's proposed pedestrian public access alignment fully satisfied the public access requirements of SMA Permit Nos. 84 and 06-10, and 2) "execution and delivery to the County of Hawaii by Grantor of this Grant of Public Access Easements shall constitute full and final compliance with all public access requirements for the Project pursuant to Section 46-6.5, HRS, Chapter 205A, HRS, Ala Loa and Ala Kahakai, Chapters 23 (Subdivision) and 34 (Public Access), Hawaii County Code, and Planning Department Rule 21 relating to Public Access: Usage." (EXHIBIT 8) B. Kohala Kai recognizes that there may be lineal descendants from the North Kohala, South Kohala and other Districts who have requested to exercise their native Hawaiian cultural and religious practices at the Kohala Kai lands. Kohala Kai will provide such access as required by law, pursuant to terms agreed upon with any lineal descendants. Kohala Kai Public Access Summary In Favor of Resolution No. 140-13 C. By executing the Kohala Kai Public Access Grant of Easements, the County has already acknowledged that Kohala Kai has fulfilled all public access obligations required by law. A vote for Resolution 140-13 acknowledges legal events that have already taken place. 3. The Ala Kahakai National Historic Trail selection criteria favors acceptance of the Kohala Kai Public Access Grant of Easements rather than an easement over the jeep road. A. In order to create a single continuous trail alignment for the Ala Kahakai National Historic Trail, a "connecting footpath" has a higher priority than a "connecting jeep trail" when selecting the location for a lateral public easement. (EXHIBIT 9) B. The Kohala Kai Public Access Grant of Easements identifies a fisherman's trail that connects to the public shoreline trail within the Kohala Waterfront subdivision while, the jeep road dead ends within the property and does not provide a continuous alignment. C. A vote in favor of the Kohala Kai Public Access Grant of Easements takes a step toward fulfilling the Ala Kahakai Comprehensive Management Plan of creating a single continuous coastline trail. 4. Any effort to change the Kohala Kai public access conditions would not be pono and would infringe upon Kohala Kai's constitutional rights. A. Some have argued that the Kohala Kai public access must comply with the North Kohala Community Development Plan ("NKCDP"). That argument is erroneous, as the NKCDP was adopted by the County Council under Ordinance 08-151 on Nov. 5, 2008, after the Kohala Kai entitlements were approved through issuance of SMA Permit No. 84 (Dec. 15, 1999), Subdivision No. 7495 (Dec. 26, 2001) (EXHIBIT 10), Subdivision No. 7635 (Jan. 15, 2003), and SMA Permit No. 06-10 (June 16, 2006). Nevertheless, the Kohala Kai Project has made its best efforts to voluntarily comply with the NKCDP by providing a mauka-makai public access easement from the Akoni Pule Highway to the coast and a lateral public access easement along the shoreline. B. On Dec. 5, 2011, Kohala Kai met with Planning Department. (EXHIBIT 11) C. On Jan. 31, 2012, Kohala Kai representatives met with the County Planning Director, Ala Kahakai National Historic Trail representative Rick Gmirkin, and State of Hawai`i Na Ala Hele representative Clement Chang to locate the Kohala Kai public access easements. D. On Apr. 18, 2012, Kohala Kai representatives met with County Planning Dept. representatives for a second site visit to finalize location of the easements. Kohala Kai Public Access Summary In Favor of Resolution No. 140-13 E. In 2011, Kohala Kai representatives attended North Kohala Community Access Group ("NKCAG") meetings on Aug. 3 and Nov. 2 to address the public's concerns about access over the Kohala Kai Property. In 2012, Kohala Kai representatives attended NKCAG meetings on Feb. 1, Apr. 4, May 2, Jun. 6, and Jul. 7. In 2013, Kohala Kai representatives attended NKCAG meetings on Feb. 6, May 1, Jul. 3, Aug. 7, Sep. 4, Oct. 2, and Nov 6. (EXHIBIT 12a). See also North Kohala CDP Action Committee minutes (EXHIBIT 12b), and Kohala Mountain News article dated Oct. 26, 2013 (EXHIBIT 12c) (John Winter, the North Kohala Access Group chair, "admitted that the ball was dropped by several groups regarding Kohala Kai.") F. Initial plans reflected public access easements measured 20' from the mapped shoreline and lot boundary line. (see EXHIBIT 10 map) This unsurveyed easement was a placeholder, pending the final determination and survey of the public access easements. The new 10' wide lateral public access alignment was constructed largely over the old fishermans' trail and has been determined by the Planning Director to fully comply with Hawai`i County Code Chapter 34, Public Access (which requires a minimum 10' public access easement width) and constructed to conform to the undulating physical terrain on the Property (it is not merely based on a line on a map, nor was it bulldozed like the jeep road). It provides the public with access to and along the shoreline, with direct access to the ocean in appropriate areas, something that the placeholder easement and the jeep road / former ala loa alignment do not do. The construction of the public access trail was modified to meet the approval of the Planning Director, and is open for public use as soon as accepted by the County Council. G. Nobody is saying that Kohala Kai failed to follow the applicable laws and regulations on public access. Kohala Kai relied on approvals made by the Planning Department after consultations with numerous government agencies and other interested parties and, at its own expense, constructed the existing parking lot and constructed and/or reconstructed the easement path down to and along the fisherman's trail. (EXHIBITS 13, 14, and 15) H. In light of Kohala Kai's good faith reliance on the County's representations, the substantial resources that Kohala Kai has spent thus far, and the assurances the County has provided to Kohala Kai, the County is now estopped from changing the conditions for public access over the Kohala Kai property. In the same way that the County cannot go back in time to "re-trade" back for the ala loa in this area or to "un-bulldoze" the ala loa, Kohala Kai has already completed construction of the fishermans' trail, and that public access easement should be accepted by the County. Any effort to change the Kohala Kai access conditions after all of the efforts expended by Kohala Kai would not be pono and will constitute an infringement of Kohala Kai's constitutionally protected property rights. Please approve Resolution No. 140-13, which immediately provides the public with a means of access to and along the ocean, and ensures the public's rights to access in perpetuity. Kohala Kai respectfully asks for your vote in favor of Resolution No. 140-13. Thank you. Kohala Kai Public Access Summary In Favor of Resolution No. 140-13 LIST OF EXHIBITS Exhibit No. Title Kohala Kai Public Access and Trails Map 2 Kohala Kai/Kohala Waterfront Satellite Image (Source: Google Earth) 3 County of Hawaii TMKs: (3)5-9-017:001 -007 (7/10/12) 4 Kohala Kai Project Overlay Of Land Court Applications 1036 and 1043 5a Land Court Application 1036, Map 1 (8/13/31) 5b Land Court Application 1036, Registered Mail List (8/26/36) 5c Land Court Application 1036, Motion for Default and Order Granting Default (10/9/36) 5d Land Court Application 1036, Answer and Claim of the Territory of Hawaii (11/13/36) 5e Land Court Application 1036, Stipulation (4/27/38) 5f Land Court Application 1036, Withdrawal of Answer and Claim of the Territory of Hawaii (4/27/38) 6 Paul Rosendahl, Ph.D., excerpt referencing jeep trail and ala loa trail (Source: SMA 06-10 Application) 7 Bob Rechtman, Ph.D., letter(10/23/13) 8 Transmittal from the Planning Director to the Mayor transmitting fully executed Grant of Public Access Easements (6/19/13) 9 Excerpt from the Ala Kahakai National Historical Trail Comprehensive Management Plan (5/09) 10 Final Subdivision Approval No. 7495 (12/26/01) 11 Letter from James Leonard to Planning Department(12/6/11) 12a NKCAG Meeting Minutes 12b North Kohala CDP Action Committee Minutes 12c Kohala Mountain News article (10/26/13) 13 Kohala Kai notes from site visit with Planning Department (1/31/12) 14 Construction Plan Approval from State of Hawaii Department of Transportation (3/6/12) 15 Kohala Kai Photo Key and Site Photos (11/3/13) 'Pa1a Xnd d73m -0 D m II_ p n, a �.d m oo oo m m - I; �s ° �N d 7 0 O y �y� 11 3 3 y, 0 S d 3 o_0 7 —m \ }f / ----- I\ �� 3 m 7 w o — a 3 Ng 8 a����, !vim r > �, I Itn. a 0 c°mv c) s -0 r I -- I P zdg -o -O+.7 .n-.dm 0 O C ¢9°s i a 0 on m-,,m Z CD C) X I , a' v la m — m- > 0 \ II I' a aam o� oy XC) -I Z \ \I a ? v �c)a� En-C/ m D 4 Ilk'' z d c = d - —a �' \, �6 m d Z ° ;p;U 2 p7N rZ � / _ CI :FjI D oo r J • a 7 V � �- Ul.... m CO 1 k& 4 a CD `�m C we m 1 / ua 4 , 4, V 2. g 3 C'to j co 0 7 m \ g''. .4._�°ete, q r�i O rn 0�f3s", 7 , , p S a 'NB cm 07 3 fD 00 / , -8 o A 37.7x30- _ 5 o°m 7mp � vr: .. g o �o_y 7 d y o yC •o,o_KKd b K, 2� a m o N I s o ~N N c '§ a`G �• v a n M,, _ 3d5•m c 0 n m _. �j /,m 3 y / co -s ,c co 11111 4 / - c o ' wn ge S / :.S / ?2e'_�NS` m �2 7 _ I c co 7 7 O s 4 \ vx epb.- / / M A 5 o coa �� a / pO R Oy2y Y' / --'� O / 4., 1.-- \ ) N 0 \ / 4,„ 1... 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""" / coord:ne le: of said porn/.e Ferrel/o Gevernmen/smrvey II p na j'.�{ GF 2' else 7 a _- -- T,a gu/elion S/abon 'Puu I'd,'"bemg 4062./Af,North and 3401.1 ff./y tf p, �/� _ 81x R;'ji /6. zee 44'on' 2075.6 le.,a/o s tame fo a'+`cuI",sfona on Me seufh brow of Purr/kr hi/� / 1 %b /h>I Ill � / u 1 '7 z64.4e'00' 7e0o.0 feet a/ns same fo a pomf en a proice/inq spur on;he we*/brink of Nonokane ,111 y I "�f� M / ('' '°41 1 Gu/chi the frue /h and die fence Feom Jeid f to a"o'euf f t N l t vya6i I lime, ice /l I/ t d .'I n l a c e rock being /2 9°3 0=-5 0.0 Feef, and Me or Survey of e0 Y lll' � *. laid e / m /arise rock , read to Gavarn nanl y/ I"' '/.�.1- /t 4 ..-t,} 1l fie gut/ion„Vahan 'Ara Pi/,'be:y 48354,/Norfh and 6992.5 f/.Past, 'LN9✓.,r'-� 1 7Y' :-/ /`,,b y„'r /8. 20°48'50" 3343.! feel along/he /and of Nonokane L.C.A+vard 77/3 Apana 3 to V.damama/u I--. ^ '-/�I/ 6 4 Ate` ( c14"'� 4„, e% the lop edge of Nonokane 6e,/chi Me boundary following Ma r I ry '//1 '-� A l\lR 1/hi \\` '0 n rock 0 I windings of the fop of Me pa/,)to a cal r n Ina u/k peak 1. /// 1p,I ThtI\\\\\ ��) ‘,;(•.'f I, i \ eF/Imamakeh/na Cr.,/a, /hit pain/bens dm common+y/of/ha h�' /Ill //nl\°II\ �.' it ' /ands of Nonokane L,C 4ward 77/3 Apana 3 fo V Kamam+/u, { 1� I /t..r,,. 19% ;I. 'D : Wa,ka L.C.Award 85700 fe G.Lah//shi,and Kahua(Kakvenui) LC 4,..-d•% uelg J`� 9 ,e ■ 77/3 APana 4 In V /(amama/u Q i t� {G µ;` �, .A I. 6\ /9. 72•09'9D' 55/5.9 fee,aloep the/and of Walk, L.C.Award 125208 lo A.Lahi/h% fo a bra fe }� 8 n�„ r:/ T.-, .A Q lab/e/marked U.J.Geological Survey on/op of Pau Pi/i Jeridbra*tonic table/ ' '111 0l„� p'//�i r V I 1 °\`,� being a/o Me Govemmenf_Survey 7 is�u/a lion S/afion "Puu Pik; f Q'I, N �` r w \ P0. 3t°59"70" 2766.6 fee/along same M a"+'cm"in /a�e boo/der in fie/epee/al novena, ''' t, w � • \� V Thence along /he same dna/fellow,i,the m/dd/e of said ravine to a f n / p obd rock �0' I a 0 on the nor/h bank of said P/ape/a, ravine Mg di c/ j lh and ), n ®I 8 ? dsfance be, _96•02'30" 43/5.5 fee/and/h rd' f of said 1 ]� 0 1r1< ' + n / to/.'d rack rc%rred to Gorr''''''''''''''''°fiat,..fbu Ali-be:h p A l m 6civi'a>so/'nands< 6./ear/Yat� On I `^ m '+ n• � 72`, !'4 PP. B9°30'00" 539.4 feel dlwy same to+`+'car in sfona. �\I A O � l °AI /' ?, 23 Be"42 /0" /6'72..7 fee/along same /o e'+-cur a6' rock°oboe,//00.0 feef ea.,/of Govemmem'road. \ � ! • o I N. 59'/4'30'" /305.7 fed a/o S Same dna'across said Govemmem`road/a a"+'eul in rxk, Q ` 11l Q 0 25. 80'/7'00" /30.4.8 feel along same to a^l'col in rock al a prommens poi,/ ea/led "Kd/ahua"/ y V le, t X. 63'/c'30" 7592.5 fee/a/onp same/0 a"+`col in rock,Me coordinates of said point referred \ $„My �° '* K I °°° t to t7overnrn<nf Survey Tr,a yu/alton 3/..7//on `Pau Ph"being �' g,i�\ *? n ¢'n ra/LH 5709.6 fee/,jou/h and/6877.2 fee/Wesf. ormb/. �/�\ ` Y>6,a \� yM1' "€' ' + d , � " 27 4/•45'90" /467.P fee/a/o�Jame/o2/"+`cu/in rock, O \`a I' %_�/ , © (' Pe. 48°55'20" 3747' Fee/alongQ Same/o a sfane marked¢Me coordinates of said point referred .4 yr'°k .' /0 7t`overnmenf Survey T/e�u/afion Sfafion •Puu P,/,`being Cu /0520..9{'eel Joedh and 22/17 2 fed Wes', E p ��\vvv\\\ B.6'./o q P9. 49°21'45' 95/3.o fee/a/o g tame fo a"r eul in solid rock, `\ p.ere n \ ea :\ ` 90. Ss'22'qo' 2659/ fee/a/o 4 same/o a'+'euf in/ale boulder at moo{/,o/'Ka /oa Gulch n Sea shoe m R' I , O s 1` 3/. Rance/o and a/one seashdre el h/gh+v+/er m+rh to the point f bed i g free d> #a5 1...u/4 and r \`‘ '°et' . ' , V W did/once bed a /92'/9 0o, /220. f i d eon fain,s g_ss.area of B \ ? 54/6es,gcret end.n6'/sa:grsxcu s after drd.scn-nq•\ r m © Ii o" EXCL 615/0A/.1- amed/y//JabethK/ anaoleWod ands C.it,datt/iow,s: 0. w ts'A - r•sH.paaI T p e p ye y /'rw , j E 0 IS a®\ f EXCLUSION A -B./n.0 apo,tr'on ofRP4475,Z.CA 2/77/3 Apanaa f VKame7nair, i/jglp /\I\I r' m qN 3 /I Hag/ninny ar/he r1h sf f/bispece,/he / 3 /h d sfa from Government "(` - s{ n 1. W I t >\ -J,..re y 7 g /I S/rn E./at*/k,e/a he- v 6,7,3 f .tm,/T h e cro�od' ..lee o/ ,2/ C \ porn!/bcg:,n/S rat seed s Gnv'C,Jur v eyT .5 tat:on"Puu P/meev''g 4<4e:4/eat/14,/h. d _.-_-.T.., qt*: I� , 29o2.a{,el West and rare ,ny by 3,mu{hs as follows,a J/43imufhi erred dockw' limn/me.bu/h: r .a m :,.'m /� I 259 SZ O /599/fee l/ _s G.,n a £ Z.349 0 3 /re r' K\___� =4 3A 3. 799'5100 its /et. an Q 4 ( F �a\fl1���4C sb"r 4-7 '52 n ,J 62../eel Ye ry e po, f o/bei5innin9 end con)mmo a of-ro.o,fcre,7. r I rs\0\'! rein° f III I\fir \ -1•4/,,t/93/ iPien '4'3 l''''. t v,,l- y, \ II\. \ H ne//7.-t/ C.irf Num!r 1c-11 / n ff �2° ^\ t,hvc,Kau•,. 7 Fen ���A��w xfra..01,k \'',:,2', y\VAS �nlin �a �) ©� 1.11 S -c-,u.�Ct Q-0.... \ ,"'r .\" \ )to o:s.?,. \ il1oss lfuti?,,, \Iq\\� °i/il\t illlur `'� of q \VA 4 I�`/i li AA 7/illl'/911 - h a� \ ,-;;,� ��0,,t °°., \ \ °.,, 'I\� '{l I\ \ I hereby certify ilia+the description ofaurvey \ 0 /i\L. \ fah \ and p hereon have been examined end checked \\\Q i �ih aa+ofbrm and mefhemetcal correctneoa,but no+ I I\ �O '^'' nth 9 und,and the same h been(loured 1 }o tr ord• //��, VAA IAA \7,, llA \ Honolulu T-H. Tlu/A e- �1v_ill\Avv June ereae. s eyor,7 rrtorgofHawa : a ''\\v 111` 6'+ R . "s' Ill lvAs .Jss 'S , om'`A . g, 09r: A S hereby 9 ---- d l0 n2/ d It74 _-_. date June certify i numbered Re Ilsretion -__ `- �` ___._. ___..____ __. / to bishop Trust Compere Limited Hie land '""'"--../,' kkk described hereon.end that Owner'.Corti-6.de Q Title No.18461 has bean transcribed therefrom. Honolulu T H. t . I J �F° -,..\ LOT A 9 c rs <o June iD°fe96. �t nq eWii e b 1heUnd coat*: v x0 • ,V ��� J'ecaw`�a reeler kg k f 6 ' / M •o,e 0 °co a Net Arae t d 9 V ., N J � - .. -..�1L3.!/bIt t _�_ _ �� ` " .__��--__..n...6' u-_�.- ,` Q� 1'° yr i' k } r t o M p and domeri n amended and 4. y . J ,I`" i r 1 4 , '\I a seta 4 hereon I. der of OM Judge ,r of the Land Court d A II!f°1066, P a m Ct. LOT C ,I U M.Y. 6urrsyor,err sKawaSi ,� l v A,ee ae7<a ' p' et' y a Acre I! b 'I ,\ I® ` v. t G.b.0 _.7rJ 29:/ e. INSET aa.. 4,7e,._... ____ ---- -- Show{ntl LOT 8 I:,,.,."T. 'n.=,re7.:�.. . VVVV I2.3/f EXHIBIT 5a Kohala Kai Land Court Application 1036, Map 1 (8/15/31) • 5b _a co .0- �fl� eve ~ —J M co 11 k =03 a3 C\I L I .si.g1 i f ! 1. i id�� (lli 00 u :.-t r, r { X y a36'Z awl } I Ij Ix 1 „✓ i �1 Ili N IV ' Gu a y t, y !1 �: ;: I 1 x 1 >= 3E I J ( �. i 1 1 1 1 Ii. • c 1 s="' �� ' I 1 k E I s ! ( ii I 1 -r. ' !!• . VI ° n §� .. 1111 y I : 1 1 1 1 I ( 4 1 1 i I i' a' C, L {i1 M H c u E ; ,i'l �� $ =93e I 4 i I I I I ( MJ • r tio a `?.7 •a iy TT�� R� I I T,...{ i i ( ' I 1' ,ti‘ i, 41 1 Q 0 u. j I y .� Ii,tti,Y Si'O'' ! ! ( I 1 i 1 i. %\ �`...�'J}d Q 6 i .. ._ . 1 c u7a$:9 ; Zza1f I 1 1 i i r I 1 ' ' I U w_ u zoe'"i' I = 1,-- i I I [-11 i 1 I 1 i 1 •-, c h i;31 3 1-13 s S c3 ! • I 1 I 1 1 i ` j; u V i v 41-t-12 S s'$ 7.1 ■ i ri i I i f 1 i I t II •aW ,+t Q I a i is s �3 3 I i I ( � 1 I 1 III E „,-,„ ...0 t— b 1 � : FI , i i r-i I 'I j e,} I� � ° u i' •t3 __ I I nc i Lzti v,0 5 t1 Gf "F I ” t. Q — kc V t Kl- o s a 6 I f 'ti' ,+ w w'v .. YJ -1-r L� `It' 0 i Fs r r I I :r *~ r-._i_._ v 'Ij t uIr � k �?�yt I T( I S• c-) c. 'O I1 ri vn Y a �• I Z1 .�'' Ui ( i I 4 r v a f �. = ley •'�ji ,[�j aj , �i 1 : ,A , I Y. o I x ..O r�� 6S g . -Q rie .� _. owe ? < E. y V o -G O 1 rd.� 9 ur .� L• c „ 1 y3 ' c1 C G1 I •��i •.-�1 pi , •( 'r`�1 ,"-? { ti\ - i it , Gc7 • c 1 ., R-i .n ,is 'd ; �1 -, sd �, a EEEEf '` V d 3 c I a t 0 S? o�� ��j, , `4 • i y .- 0 L i u +Qi ci N c�►{b +� 4 h110 c5 i `�; c o 4-11 1 "I 1 ! .1 4. QG _Q o 0 i ( i 'L ?6 C7 01 s! '� �.� L�l r7 ` o r i- y ! 1 f'ti `�I v .- E1 �jI c.- . t I O •. 1 1 �i a1 1 I 3.i`-.• U33 .1 1 1_ I a ae I •-•�c ego ��yj (? ` v5 E il ! - ( ' r i C-$ of to 'd N><I ,- I '{ `=a,t t. 'g V 16 'Ft E-: 0 4 ei-11 ▪ 1 •,-11 *41 ' , I, 3) ft ., , - 4 Dd PJl 0 ' C3, ^° p a I x v ', .`., fj F� c c.4 4I rQ; 1 p ca; L� i -', j v { D I r Q. w - . . _4 ' ` 1 ▪ 0, ral11 1 1 o �E ' 3 2 - ° ; — - A cj 01 I �1 �I g, 1 �, d (. .I t V .u' 5 ii `'•'; o cA 01 Gll -Pi ,-1 r. Hi Pi r1 ea% ri 1.; a * A 9 01...3 di 3� ril -Pr a IZ Ix cL. I ` N , I �ag �Co,11 I - ' hj r r C Q+i . VJ ' ' 6 s 1 W I I 1 I 3 v — , o 1 g'u 2 4.1 I o •• t0 6tp` ~n �i t I rI Ir�Ll ! 1 ^J 3 c a w to tD 't c 71 L'''.3-5 +� ti: 0 1- N :7 � M !`c3 !r3 V1 te7 t•� t7 „ I 3 E °� H � b 1: • Q O OO CZ C� p 5y > .. Q 1I ' ' ' . i I E f 5c M .4..„:4.1-W441 YTS . ' In the Land Court of the Territory of Hawaii s In the matter of the application of D� 26 :,ii BISHOP TRUST COMPANY, 1936 0 12 MA t ?, 4sr: LIMITED ' - "'—'.• p - to register and confirm title to land Application No. 1036 `Y'! situate in the District of .i; '``U'i North Kohala, Island ,.-.4.,;,.„'I and Territory of Hawaii. Ai- -:; : Vi MOTION FOR GENERAL DEFAULT i And now comes the applicant in the above-entitled case and more that a general default of ,, ;r;°� all the parties defendant; whether named in the notice or not,who have not appeared or answered, ='�; be recorded,and that the application as to them be taken as confessed. ` Dated: H •nolulu, T.H., October (1 1936. 3 i. p A BISHOP TRUST COMPANY, LIMITED il By ,,/ — 1 uy .4 . YS 4 q7 The above motion allowed this T( (p 1 !! day of 19 54,P,-L-4. : , ,i p.yr.r yid .2...4•77 G 04 Y ! Judge of the •nd Conrt. --:<;‘,''.: i r - "....'11'■L'' y r "1 T ■ ,l A TRUE COPY,ATTEST w� , ti P.!2 0. THE SEAL OF SAID C EXHIBIT 5c "RACIANN SHIMABU Kohala Kai zr. ciao, Ld Court App 1036, y Motion for Default & Order Granting Default ''R.,' (10/9/36) IN THE CIRCUIT COURT OF THE THIRD CIRCUIT TERRITORY OF HAWAII I E +? • (Land Court) G}-,_Lo 1936 OCT 16 AM "n In the Matter of the Application ;1wM of Application ,Y� : .t-`'.: The Bishop Trust Co„,Ltd. , for a No.1036 7k`4 Registered Title. ) T„ ?'5 % Ootober 9,1936. 2 P•M ^"MY; Present in Court: '42.4 " Honorable J.W.Thomp:Jn, Presiding Judge. Deputy Clerk. ;;x Reporter. YtiAY Mr.Winn. (Court opened.) WO Mr.Winn on behalf of petitioner presents a motion for ;�: general default. No appear: _ • . - - . . .. - . - , : + -rf. 'e :0. e ' ! ' ' 1.. ...7 Motion gran e• a.. or•er of `... . =+e :l + e 'a• t s gat), •y Court. i _4 .,.. Reporter ,3r• """ *MI' 10/12/36. 1 Cj 0 a r 4 C)o M 5d ea; s. 'vs ri • 0A IN THE LAIID COURT OF THE TERRITORY OF FArdAII. • y Jr ,. O-� In the Matter of the Application ) . of ) BISHOP TRUST COMPANY, LIMITED, ) APPLICATION NO. 1036. rF To have Title registered and con- ) firmed in certain land situated in ) the District of North Eohala, Island ) .;,, of Hawaii, Territory of Hawaii. ) s • ;? ANSWER AND CLAIM OF THE TERRITORY OF HAWAII -_ f • fi r %-4"-i 'L1 ...:,-%t (SC‘` l Y I� rA i .' ' r }4' L, fix. l .' r . `'.12 I .OR'E P. n 1d'-:ALL Deputy Attorney General 1 Attorney for Respondent, t / � .,� ,fir°;'GCE o a rank r, .°� ,,`-�'rt'i..... < Territory of Hawaii. 04(4 f( °'''d i. . f.., ?, •• ' ,''i•/' tit/witted. 1.itted -Y4 .' • , (71,1:t1.4. te4_ /a Fez A TRUE COPY,ATTEST WITH THE SEAL OF SAID COURT. Staaey,,,y1,'• -, •mar ••inn-4. • �✓ ";RAGIANN SHIMABUKURO EXHIBIT 5d r-A. clerk Kohala Kai t Ld Court App 1036, Answer & Claim of the Territory of Hawaii (11/13/36) V" I +; TN THE LAND COURT OF THE TERiHITORY OF HAWAII. VI In the Matter of the Application ) - of ) " ) APPLICATION NO. 1036. ' BISHOP TRUST COMPANY, LIrITED, ) } : To have Title registered. and ) ;4. confirmed in certain land situated in ) A-;,.. the District of North Kohala, Island ) y, the of Hawaii, Territory of Hawaii. ) 4 ) ;, a 10. ANSWER AND CLAIM OF THE TERRITORY OF HAVAII 4 Comes now the TERRTTORY OF HAWAII, one of the respondents w ,: above named, by George P. Kimball, Deputy Attorney General of the 5R4 k • Territory of Hawaii, its attorney, and for answer and claim in the 4-, above entitled cause alleges and shows as follows: r St I• ..F r, That the property mentioned and described in the appli- -r, cation herein includes that certain public. highway owned in fee :k 'ir simple by said respondent, being the government main road which crosses said premises from the land of Kahualiilii on the North '6 1,7 to the land of :i'aika on the South, having a width of 40 feet and i, a length of 9,000 feet, more or less and as shown on the map filed eV with said application. (4, II. tr1. al:, That said property is subject to the following public - i :.'3 easements acquired by continuous open, notorious and adverse use rx ` , F rights-of-way by the public for more than 10 years t � I ei j'Oi as X'i.r� �` %,...' next preceding the date of the riling of said application, viz. : I.,,i (a) Public right-of--way known as the "Kohala-Yawaihae Road (also known_ as the "Puuhue-Kawaihee Road") having a width of 10 feet and a length of 6300 feet more or less and as shown on the , map filed with said anolloetlonJ�Y 4.„ „„, 1,-. . ,.__ . Qcos : 4 VA 1 i...1 ;b) Public right-of-way k m io as the "biahukona-i�awaihae I n Beach Trail" , having a width of 5 feet, which crosses said pro- perty about 100 feet mauka of the seashore, and as shown on the _ '� map filed with said application. (`° w EREP0 E said respondent prays that if title to the property mentioned and described in said application be register- ed and confirmed in the applicant, that the above mentioned high- ..r,- way be excluded therefrom, and that the decree of registration .4,d provide that said property shall be subject to the two public , " easements above mentioned - .!. Dated at Honol-ulu, T. H. , :lovember 13, 1936. p: TERRITORY OF F_V AII, Ky D-_ ty = tto hey General. . a' -TER -ITORY OF fiAWAII.- ) i. -City and Counter of Honolulu- ) 'J' GEORGE P. KIMBALL, being first duly sworn on oath, do- ,is i poses and says: That he is a duly appointed, qualified and acting y+ Deputy Attorney General of the Territory of Hawaii; that he has 4"=.4 read the foregoing Answer and Claim of the Territory of Hawaii, : 3 and knows the contents thereof, and that the same is true to the zt , best of his 'knowledge and belief. ._.. ..r.:4 i ' 1i- - e ;z Subscribed and sworn to before me t . ''` this 13th day of November 1936. : ,- , \ vue, .m` notary blici first Judicial es 014 Circuit, Territory of Hawaii. 4-f.. ks 5, 5e IN THE LAND COURT OF TEE TERRITORY OF HAWAII i i In the Matter of the Application of • BISHOP TRUST COMPANY, LIMITED, APPLICATION NO. 1036 To have Title registered and confirmed r: “ in certain land situated in the District F•a.-, of North Kohala, Island of Hawaii, �'v. Territory of Hawaii. _ i M. • ,. P. ZIpgLAIIali. . . . i .;ii 1... lip: . :44. M ' 0. % # .t , „•, _.STANLEY, VITODSEK, PRATT & WIEN }_, . 404 Alexander & Baldwin Building ._ Honolulu, T. H. . • 34, C ' - '' . f I� EXHIBIT 5e Kohala Kai Land Court Application 1036, Stipulation (4/27/38) IN THE LAND COURT OF THEE TERRITORY OF HAWAII. In the Matter of the Application of BISHOP TRUST COMPANY, LIMITED, APPLICATION BO. 1036. To have Title registered and confirmed in certain land situated in the District of North Kohala, Island of Hawaii, Territory of Hawaii. IT IS HEREBY STIPULATED by and between the Territory of Hawaii, by Jon Wiig, Deputy Attorney General, and Bishop Trust Company, Applicant above named, and Kahua Ranch, Limited, the owner of the property described in the Application, by Stanley, Vitousek, Pratt & Winn, their attorneys, as follows: I. That the Territory of Hawaii will withdraw its claims contained in its answer filed in the above matter to any land or to any easements across any land included within the description set forth in the application for which registration is sought. That the Applicant will proceed at once to carry to completion its application. III. That in consideration of the above upon a decree of registration being entered in favor of the applicant the applicant will convey to the Territory of Hawaii, that certain piece or parcel of land being the Government Main Road through the land of Kehuanui, situate East of Phu Aiea and lying between the lands ter- of Waika and Sahualiilii, being a portion of R. P. 4475, L.C.Aw. 7713 Apana 4 to V. Kamamalu, and more particularly bounded and described to wit: Being a strip of land 60 feet wide extending 30 feet on each side of the following described centerline: Beginning at the North end of this centerline, on the boundary between the lands of E,ahualiilii and Sahuanui, the true azimuth and distance from said point of beginning to a "4" cut in stone at the end of Course 10 of Land Court Application 1036 being 259° 381 30" 714.8 feet, and the coordinates of said point of beginning referred to Government Survey Triangulation Station "Puu Pill.* being 6351.9 feet North and 10986.6 feet West and running by azimuths measured clockwise from true South from the above des- cribed initial point: 1. 352° 411 3011' 1418.17 feet; 2. Thence on a curve to the left with a radius of 500.0 feet, the chord azimuth and distance being 343° 321 20" 159.07 feet; 3. 334° 231 10" 3439.44 feet; 4. 328° 501 50" 1263.24 feet; 5. Thence on a curve to the left with a radius of 300.0 feet, the chord azimuth and distance being 322° 361 55" 65.13 feet; 6. 316° 231 45.65 feet; 7. Thence on a curve to the right with a radius of 120.0 feet, the chord azimuth and distance being 339° 381 45t1 94.79 feet; 8. 2° 54t 30" 110.33 feet; 9. Thence on a curve to the left with a radius of 300.0 feet, the chord azimuth and distance being 350° 251 10++ 129.75 feet; 10. 337" 551 50* 1816.14 feet to the boundary of the lands of Sa"huanui and Walks, the true azimuth and distance from the end of Course 10 ( S ` -2- n " cut in rock at the end of Course 23 of Land Court to a Application 1036 being 239 141 30" 151.5 and the coordinates of said point at the South end of this centerline referred to Government Survey Triangulation Station "Puu Pill" being 1484.7 feet South and 7818.4 feet West. AREA 11.77 ACRES Dated: Honolulu, T. H. Q4 off. t , 1938. TERRITORY OF HAWAII, putyAttorney Gen ral BISHOP TRUST COMPANY,'LIMITED, .and KAHUA RANCH, LIMITED '" is A torneys 0 •il: (, ' ' -3- ...6.CI...: ,. Ate. 5f IN THE LAND COURT OF TIM TERRITORY OF HAWAII. In the Matter of the Application of , BISHOP TRUST COMPANY, LIMITED, ) ) APPLICATION HO. 1036 To have Title registered and con- ) firmed in certain land situated ) in the District of North Kohala, ) Island of Hawaii, Territory of ) Hawaii. ) WITHDRA?AL OF ANSWER AND CLAIM OF THE TERRITORY OF HAWAII • LANG COOIRT PERRITOMAWAft I914'3 API' yy Pm 3 31 6:::7144i4iwt JON WIIO Deputy Attorney General Attorney for the Territory of Hawaii. ,4Q EXHIBIT 5f Ld Court Application 1036, Withdrawal of Answer & Claim of the Territory of Hawaii (4/27/38) i IN THE LAND COURT OF THE TERRi TOR'i OF HAWAII. 0 In the Matter of tho Application ) ) of ) BISHOP TRUST COMPANY, LIMITED, ) APPLICATION NO. 1036 To have Title registered and con- ) firmed in certain land situated ) in the District of North Kohala, ) Island of Hawaii, Territory of ) Hawaii. ) ) WITHDRAWAL OF ANSWER AND CLAIM OF THE TERRITORY OF HAWA I I • Comes now the TERRITORY OF HAWAII, one of the res- pondents above named, by Jon Wiig, Deputy Attorney General of the Territory of Hawaii, its attorney, and pursuant to the stipulation filed herein on April 1938, entered into by and between counsel for the applicant and owner and the Territory of Hawaii, withdraws its answer and claim hereto- fore filed herein on November 13, 1936. Dated at Honolulu, T. H., April .2:1 1938. TERRITORY OF HAWAII, By Jon Vo-,--.. Gene ral, ttorney. 9 t e1 6 f S 4: r SPECIAL MANAGEMENT AREA USE PERMIT ASSESSMENT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT - PLANNING COMMISSION '9n t OWNER: Kahua Ranch Limited ,, ' P/7 APPLICANT: Belt Collins Hawaii Ltd. ' ` !:'4 ' T 4/, APPLICANT'S SIGNATURE: ____7f5)3,------...-,/fA.-I4 IAPPLICANT 'S INTEREST IF NOT OWNER: Agent ADDRESS: 680 Ala Moana Blvd. , First Floor, Honolulu, HI 96813 TELEPHONE: (808) 521-5361 (business) (home) TAX MAP KEY: 5-9- 01:7; Third Division NATURE OF DEVELOPMENT: Seven-Lot Subdivision • TOTAL COST/FAIR MARKET VALUE: $120,000 or less DATE OF APPLICATION: November 1, 1999 THE PETITIONER SHALL BE RESPONSIBLE FOR FILING THE FOLLOWING WITH THE DEPARTMENT: 1 . A written description of the proposed project and a statement of objectives. 2 . A completed SMA Use Permit Impact Assessment Form. 3 . A shoreline survey when the parcel abuts the shoreline, except as may be waived by the Planning Director . 4 . A plot plan of the property, drawn to scale, with all proposed and existing structures and other pertinent information shown thereon. 5 . Any other plans or information required by the Director. An EIS that has been declared adequate under the National Environmental Policy Act (NEPA) or under Chapter 343 , HRS, may constitute a valid filing under this section. EXHIBIT 6 Kohala Kai P .D. 5/84 Paul Rosendahl, Ph.D excerpt 6343A/50A referencing jeep trail & ala loa trail (Source: SMA 06-10 Application) Fish are abundant with the majority being herbivores or planktivores,either surgeon fish or damsel fish. In deeper waters,fish are even more abundant. The diversity of species is similar. Sea urchins are the main type of invertebrate,and limpet is common on the basalt bench. In a recent marine study,humpback whales,bottlenose dolphins,and green sea turtles were observed in the waters off the project site. The whales and dolphins were estimated to be in waters deeper than 325 feet,and the green turtles were in the reef at a depth of 55 feet. None of these were seen near the shore. Soil on the property consists of"KOC Kawaihae very rocky very fine sandy loam, 6 to 12 percent slopes,"according to the U.S. Soil Conservation Service. It is somewhat excessively drained, is extremely stony and was formed in volcanic ash. In terms of soil profile,it consists of a very thin surface layer of fine sandy loam over layers of silt loam and loam. Hard pahoehoe lava bedrock is at depths of about 33 inches. There are no structures or existing uses on the property. Vegetation is sparse consisting of scattered keawe and buffel grass. Other species such as swollen fingergrass, nettle- leaved goosefoot,spiny amaranth,coatbuttons,hairy spurge, and pigweed occur mostly in exposed dirt access areas and on the rocky outcrops where buffel grass is sparse. A few native species such as pili grass,pau'u o hi'iaka, `ilima, alena, and `uhaloa occur on the rocky outcrops and on the coastal headlands. Within the property's drainageways and ravines are clumps of koa haole and guinea grass. According to a botanical survey by Char&Associates(1994),no threatened or endangered and no proposed or candidate plant species were found on the property. The study noted that the few native species that were found on the property can be found in similar environmental habitats throughout the islands. In a 1994 fauna study by Phillip Bruner,a total of nine introduced avifauna species were identified on the property. The study also noted that migratory birds visited the area. Golden plover,ruddy turnstone and wandering tattler are expected to be seen along the shoreline. Although no endemic species were recorded during the survey,on rare occasions,the short-eared owl or pueo and the endangered Hawaiian hawk or lo may pass over the site. In 1991 and 1992,an archaeological inventory survey was conducted by Paul H. Rosendahl,Ph.D.,Inc. (PHRI) and its findings were presented in a report entitled, Archaeological Inventory Survey, Kahua Makai/Kahua Shores Coastal Parcels,April 1995. The survey covered 103 acres of coastal land including the 63.8-acre project site. Within the Kahua Ranch Limited Makai property,the survey identified 29 sites consisting of 87 features. Feature types included possible terraces,enclosures, platforms,mounds, and cairns. Less common types probably included modified outcrops, walls,C-shapes, midden deposits, alignments,hearths, depressions and a historic dam and well. Of the 29 sites,5 were assessed as important as excellent examples of site types or culturally significant. Two were assessed as provisionally important as culturally significant and 19 were assessed as important for information content. The remaining 3 were determined to be no longer significant. PHRI's study recommended that 2 sites be preserved"as is"with no further work or with possibly minimal additional data collection,2 sites be listed as provisionally 8 preserved until additional data collection is conducted, 3 sites be preserved with some level of interpretive development, and 19 sites engage in further data collection. The remaining 3 sites that were determined to be no longer significant will require no further work. Subject to the review of the State Historic Preservation Division, the landowner is planning to protect all sites recommended for permanent preservation by creating an archaeological preserve easement around each site. No trails were identified within the Kahua Ranch Limited Makai property. PHRI decided to revisit the project area to reconfirm the findings regarding the absence of trails. The field inspection was in response to a letter from Hawaii County Planning Director Virginia Goldstein to the Department of Land and Natural Resources,Division of State Forestry and Wildlife. The letter noted that the interim inventory report for the project did not mention the ala loa or other inauka-ra.kai trails which are identified on tax maps and earlier subdivision maps for the general area. The following is PHRI's report on the inspection: A pedestrian inspection was conducted to determine if any portion of a jeep road that crosses the coastal portion of the project area could be identified as the ala loa trail. The road is identified as "Mahukona- Kawaih,ae Trail(Jeep Trail)Alaloa" on a 1935 tax map drawing (Dwg. No. 2496) [location of trail has been plotted on Figure B-.5]. The inspection included walking the length of the road to search for evidence « o4 ., t•• , .re', resent. No ev '-ace was ound to i .icate t at the jeep road is loca ed on t s to of the ala loa trail. The road has been in use for an extended period of time and has probably been leveled and repaired, using heavy equipment,at some time;there are scars on boulders used to fill at least one low area. If the road did indeed follow the original path of the trail, all traces o it have seen obllterat•• s Is :-t. , e 4'' i ,; 'eon. "o e: pen 1-• as i e . was ocarM on a near.y property owned by others, but the route of this trail did not traverse Kahua Ranch Limited Makai.) In late 1997, the 7 sites that were recommended for some level of preservation were specifically delineated by a Global Positioning System(CPS)locator. This provided an opportunity by PHRI to also reassess the significance of the sites. The assessment resulted in more specific recommendations on the individual features within the archaeological complexes. Also,one archaeological complex was deleted from the recommended preservation list. The remaining 6 sites(See Table below and Figure 6) were recommended for further study followed by preservation and some level of interpretive development or preservation"as is." Significant Sites on the Project Property Requiring Preservation Site No. Description 2493 A complex of two features consisting of a terrace and platform. Recommendation; Additional data collection and possible preservation with some level of interpretive development. 9 7 RECHTMAN c4NSi LTING, LLC 507-A E.i..ahikaul4M t i©,Hawaii 96720 phone: (808) ' 66 tax:(808)443-0065 e-mail:bc4i@nM*Htminconsuking.com ARCHAEOLOGICAL'.CULTURAL,ANbHISTORICAL STUDIES October 23, 2013 County of Hawai`i Council Committee on Finance 25 Aupuni Street Hilo, HI 96720 Re: County Resolution 140-13 Grant of Easement from Kohala Kai, LLC for Public Access Purposes TMK Nos. (3) 5-9-017:001-007, inclusive(the "Project") Dear Members of the County of Hawai`i Council Committee on Finance: At the request of Kohala Kai, LLC (Kohala Kai), Rechtman Consulting, LLC conducted a formal Cultural Impact Assessment(Rechtman 2006) to determine whether there are any valued cultural,historical or natural resources, or any customary and traditional native Hawaiian practices being conducted within the Project lands. More recently, I was also asked to conduct a site visit of the Project area for the purpose of determining whether there are any remnants of an ala loa which once passed through the Project. With respect to the latter, I saw no physical evidence of a former ala loa (foot trail). I know from examining historic maps that an ala loa did exist within the Project lands at one time. Historical research(archival and oral) and maps dating to after 1940 show that the ala loa in this particular area was likely replaced by a jeep road (constructed by the Army with the help of local property owners as part of the WWII war effort), which was maintained by the respective landowners for travel between Mahukona and Kawaihae. In 1973, construction of the current Akoni-Pule Highway was completed; as a consequence, most if not all of the vehicular traffic between Mahukona and Kawaihae shifted away from the coastal jeep road to the newly constructed highway. Within the current Project area, the currently abandoned jeep road appears to have completely obscured any physical evidence of a former ala loa. There are no compelling archaeological reasons why the abandoned jeep road should be preserved. Additionally, and pursuant to the Hawai`i Supreme Court ruling in the Ka Pa'akai 0 Ka 'Aina case, I have made the following findings and conclusions related to the Project area: 1. The identity and scope of"valued, cultural, historical, or natural resources"in the Project area, including the extent to which traditional and customary native Hawaiian rights are exercised in the Project area; EXHIBIT 7 Bob Rechtman, Ph.D. letter (10/23/13) Discussion: Archaeological Inventory Surveys (Graves et al. 1993; Graves and Franklin 1998) were completed for the property. Following these inventory surveys, a Mitigation Plan(Corbin 2004) was prepared for review and approval by the State of Hawai`i Department of Land and Natural Resources State Historical Preservation Division(SHPD). The Mitigation Plan identified twenty sites of interest. I worked with the SHPD and we determined that eight of the twenty sites would undergo data recovery, that a combination of data recovery and preservation occur at one site, and that eleven sites be preserved in their entirety. Rechtman Consulting, LLC then prepared the Archaeological Data Recovery Investigation(Loubser and Rechtman 2007) with respect to the Project lands. Kohala Kai has fully complied with all conditions required by SHPD. There are no known historic properties listed in the National and State Registers of Historic Places. The property is not profiled as a significant cultural and/or historic site in the General Plan within the North Kohala District, or in the North Kohala Community Development Plan. However, I have previously concluded(Rechtman 2006) that while no specific traditional and customary activities were identified within the Kohala Kai property,Native Hawaiian practitioners may require access to and use of the shoreline to exercise their native Hawaiian rights. 2. The extent to which those resources- including traditional and customary native Hawaiian rights - will be affected or impaired by the proposed action; and Discussion: The Kohala Kai property's rocky shoreline consists of older exposed lava flows that slope to the sea. It is my understanding that access to and use of this shoreline for subsistence, spiritual, and recreational purposes will not be inhibited,but rather will be enhanced once the Kohala Kai Public Access Grant of Easements is accepted by the County. In any event, no cultural, historical, or natural resources or traditional and customary native Hawaiian rights will be affected or impaired by the proposed public access easement. 3. The feasible action, if any, to be taken by the County to reasonably protect native Hawaiian rights if they are found to exist. Discussion: A logical feasible action to be taken by the County would be to accept the Kohala Kai Grant of Easements, which would help to ensure continued access to and use of the shoreline area of the Project lands by native Hawaiian practitioners in the exercise of their native Hawaiian rights; and additionally to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered in the property, that the property owner(s)will report the discovery to SHPD for review and assessment. Sincerely, Robert B. Rechtman, Ph.D. 8 William P.Kenoi Mt!k,;'• Duane Kanuha Mayor =- " Director Bobby Command •� w, ,��� Deputy Director West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawai 1 Hilo,Hawai`i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 MEMORANDUM To: i;pj P. oi,Mays From: I • anuha, Planning Director Date: une19, 2013 Re: Resolution Accepting the Grant of Easements from Kohala Kai, LLC for Public Access Purposes TMK: 5-9-017:001 to 008 inclusive Transmitted by this memorandum are the original subject Grant of Public Access Easements document for your signature and a Resolution for the County Council to accept a Grant of Public Access Easements from Kohala Kai, LLC over the lands of Kahua 1St, Kahua and Waika in North Kohala. These easements will provide vehicular, parking and pedestrian public access to and laterally along the coastline of the subject properties. Also, enclosed is a letter of transmittal from you to the County Council requesting action on the Resolution. Please have a copy made of the original executed Grant of Public Access Easements document and marked as Exhibit 1 for transmittal to the Council along with the Resolution. The original document should be returned to Larry Brown at the Planning Department for recordation following action by the Council. LB:lb \\Coh33\planning\public\wpwin60\CZM\Public Access&Trails\hlorth Kohala\Kohala Kai\PD Letterhead-Memo.doc End: Resolution to Accept Grant of Easements Transmittal letter to Council EXHIBIT 8 Kohala Kai Transmittal from the Planning Director to the Mayor transmitting www.coholanninedent.com Hawaii County i. fully executed Grant of Public Access Easements (6/19/13) LAND COURT REGULAR SYSTEM Return By Mail X Pick-Up To: CARLSMITH BALL LLP 121 Waianuenue Avenue Hilo,HI 96720 Attention: Steven S.C.Lim TOTAL NUMBER OF PAGES: _ Telephone:(808)935-6644 TITLE OF DOCUMENT: GRANT OF PUBLIC ACCESS EASEMENTS PARTIES TO DOCUMENT: GRANTOR: KOHALA KAI,LLC,a Hawaii limited liability company,whose mailing address is 2116 Redbird Drive,Las Vegas,Nevada 89134 GRANTEE: COUNTY OF HAWAII,a political subdivision of the State of Hawaii,whose principal place of business and post office address is 25 Aupuni Street, Hilo, Hawaii 96720 TAX MAP KEYS(3)5-9-017:portions of 001 to 008, inclusive Affects TCT 702,169 4816-0044-2898/6-6-13 GRANT OF PUBLIC ACCESS EASEMENTS THIS GRANT OF PUBLIC ACCESS EASEMENTS is made this day of V Kt , 2013,by and between KOHALA KA1 I, LLC, a Hawaii limited liability company,whose address is 2116 Redbird Drive, Las Vegas,Nevada 89134,hereinafter called "Grantor", and the COUNTY OF HAWAII, a political subdivision of the State of Hawaii, whose principal place of business and mailing address is 25 Aupuni Street, Hilo, Hawaii 96720, hereinafter called "Grantee". WITNESSETH: WHEREAS,Grantor is the developer of those certain real properties situated in Kahua, District of North Kohala, County and State of Hawaii,as identified in Subdivision Nos. 7495 and 7635 approved by the County of Hawaii Planning Department on December 26, 2001 and January 15, 2003, respectively (collectively the "Project"); and WHEREAS,pursuant to the provisions of Hawaii Revised Statutes Section 46-6.5 relating to Public Access, the County of Hawaii has adopted Hawaii County Code Chapter 34 (Public Access), which provides for implementation of public access over private property in appropriate locations to the ocean, shorelines and mountain areas as applicable,by requiring dedication of land for such public rights-of-way by fee or easement as a condition precedent to final subdivision approval or the issuance of a building permit for a multiple-family development where adequate public access is not already provided, including provisions requiring the County of Hawaii to be responsible for all improvement costs, liability and maintenance issues;and WHEREAS, in order to assure that public access is provided within the Project to and along designated public access areas,the Grantor and the Grantee hereby agree to be bound by, and to encumber the real property identified as TMK Nos.: (3) 5-9-017:001 to 008, inclusive, and depicted on Exhibit 1 (the "Property")attached hereto and incorporated by reference herein,by recording this Grant of Public Access Easements with the Bureau of Conveyances or the Land Court of the State of Hawaii, as applicable; and WHEREAS,the County issued Special Management Area Minor Use Permit No. 84 ("SMM 84") on December 21, 1999,as amended on September 19, 2011,to allow the -2- development of the 7-lot subdivision, being Lots 69 to 71, inclusive and Lots 75 to 77, inclusive, of Land Court Consolidation 129,Map 9, and Lots 78 to 80, inclusive, of Land• • • •, • •t ••• • 14 , . 1 • 4' 4 •x ..4 . •- "t• •. . ,. ••. . .S n. , .� WHEREAS, Condition No. 3 of SMM 84 states as follows: The applicant shall submit a shoreline public access plan for the project site,for the review and approval by the Planning Director,prior to or in conjunction with the filing of a subdivision application for the proposed development. The shoreline public access plan shall include, but not necessarily be limited to, the provision of a mauka-makai and lateral shoreline public access pedestrian easement within the project site. These shoreline public access pedestrian easements shall be reflected on the final plat map to be submitted to the Planning Department for subdivision review, Prior to the issuance of Final Subdivision Approval, the Planning Department must approve the draft recorded instruments conveying public access over the approved shoreline public access pedestrian easement to the County of Hawaii, A copy of the recorded shoreline public pedestrian easements shall be submitted to the Planning Department within 6 months from the date of issuance of Final Subdivision Approval. WHEREAS, the County issued Special Management Area Major Use Permit No. 06-000010("SMA 06-10")on June 16,2006,to allow the development of a 5-lot subdivision within Bulk Lot 77 and related improvements; and WHEREAS, Condition No. 14 of SMA 06-10 states as follows: The applicant shall construct two walkable pedestrian access trails. Once (sic)shall be from Akoni Pule Highway to the shoreline and may be located on any of the lots on the subject 63.8-acre parcel. The other shall be a lateral shoreline access and extend the width of the subject 63.8 acre parcel. The trails shall be constructed or their construction shall be bonded prior to Final Subdivision Approval, to standards meeting with the approval of the Planning Director. WHEREAS, Condition No. 15 of SMA 06-10 states as follows: The applicant shall provide a minimum of three (3)public parking spaces in close proximity to the mauka end of the mauka-makai pedestrian trail. - 3 - QWHEREAS,the recordation of this Grant of Public Access Easements at the Bureau of Conveyances or the Land Court of the State of Hawaii, as applicable, shall constitute full and final compliance with all public access requirements for the Project of Section 46-6.5, Hawaii Revised Statutes("HRS"),Chapter 205A, HRS, the Ala Loa,the Ala Kahakai Trail, Chapters 23 (Subdivision) and 34 (Public Access), Hawaii County Code, and Planning Department Rule 21 relating to Public Access: Usage, provided however, that if any of the Property identified in Exhibit 1 attached hereto are proposed for subdivision or other uses and activities that are not listed as permitted uses under the current zoning for the Property,the County may require further public access over the portion or portions of the Property proposing such uses and activities;and H • AS,the Grantee has requeste•, and the Grantor agrees to maintain, control and repair two sections of the Lateral Pedestrian Public Access easement, affecting Lots 71, 77 and 78, in a good and safe condition, ordinary wear and tear excepted,as further delineated on Exhibit 2; and WHEREAS,this Grant of Public Access Easements shall fully satisfy the requirements of Condition No. 3 under SMM 84 and Condition Nos. 14 and 15 of SMA 06-10. NOW, THEREFORE, Grantor and Grantee agree as follows: THAT THE Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)paid by Grantee,the receipt whereof is hereby acknowledged, and in further consideration of the covenants and conditions herein contained by Grantee to be observed and performed, does hereby bargain, sell,assign and grant unto the said Grantee, and its successors and assigns,perpetual and nonexclusive right and easement in, upon, though, over,under and across the Grantor's Property for vehicular,pedestrian and parking public access purposes as indicated thereon, including without limitation,the construction, reconstruction, installation,maintenance, operation,replacement and repair of improvements constructed for said purposes(collectively "Public Access Easements"), as follows: Public Access Parking Area: A public access parking easement for public access parking purposes (contain a total area of 2,114 square feet)affecting Lot 80, as shown on Map of Land Court Consolidation No. 129, being further identified as TMK No.: (3) 5-9-017:004, as depicted on Exhibit 1. -4- Vehicular Public Access: A public access easement for vehicular public access purposes (containing a total area of 1,172 square feet) affecting Lot 69, as shown on Map of Land Court Consolidation No. 129, being further identified as TMK No.: (3) 5-9-017:008 (por.), as depicted on Exhibit 1. Mauka-Makai and Lateral Pedestrian Public Access: A public pedestrian access easement on existing trail(being 10-feet wide) for mauka-makai pedestrian and lateral public access purposes(containing a total area of 1.143 acres) affecting Lots 71 and 75 to 80, inclusive, as shown on Map , Land Court Consolidation No. 129,being further identified as TMK Nos.: (3) 5-9-017:001 to 007, inclusive, all as depicted on Exhibit 1. The lateral pedestrian public access trails shall have a cleared or constructed earthen surface to allow reasonable pedestrian passage. As used herein,the term "pedestrian public access" shall mean and be limited to uses allowed by the public pedestrian access usage regulations as provided in Planning Department Rule 21,Public Access: Usage. If portions of the Public Access Easements erode away, destroying the Public Access Easements or making said easements hazardous, the Public Access Easements shall be relocated to a safe location immediately adjacent to the destroyed portion of the Public Access Easements. The County of Hawaii shall survey the new Public Access Easements, and prepare an Amended Grant of Public Access Easements to be recorded against the Property by the Grantor,or its successors and assigns. Where the trails do not exist on the ground in the area of the desired pedestrian public access, Grantor shall have no obligation to make trails. Nothing in this Grant of Public Access Easements shall amend, qualify or otherwise limit the following: (1)the liability protections given to the Grantor pursuant to Hawaii Revised Statutes Chapter 520,including without limitation the protections afforded in Section 520-4(b), relating to Landowners' Liability; and(2)the liability protections given to the owners or operators of any business providing recreational activities to the public who obtain voluntary written release waivers for their patrons pursuant to the provisions of Hawaii Revised Statutes Section 663-1.54 relating to Recreational Activity Liability. AND, Grantor and Grantee hereby covenant and agree as follows: 1. The Public Access Easements shall not be officially open to the public until this Grant of Public Access Easements has been accepted by the County of Hawaii. The Public Access Easements as described hereinabove may be used by any members of the - 5 - public having the right to use such Public Access Easements, subject to, and upon the following terms and conditions: a. Restrictions on Use. The regulations on the use of the Public Access Easements described above, including activities prohibited within the Public Access Easements shall be pursuant to Planning Department Rule 21,Public Access: Usage. In addition,public access will be open generally from sunrise or 6:00 a.m., whichever is earlier,to one-half hour beyond sunset or 6:00 p.m., whichever is later. Access for night fishing past 6:00 p.m. shall be allowed pursuant to a permit or registration system approved by the Grantee. Access for night fishing past 6:00 p.m. shall be allowed for those individuals who are actively engaged in night fishing activities, and does not include the right to overnight camping. b. Maintenance and Control of the Public Access Easements. The Grantor shall be solely responsible for maintaining, controlling and repairing two sections of the Lateral Pedestrian Public Access easement, as further delineated on Exhibit 2,affecting Lots 71, 77 and 78, in a good and safe condition, ordinary wear and tear excepted. Other than the maintenance, control and repair of the above two sections of the Lateral Pedestrian Public Access easement, and execution of this Grant of Public Access Easements and performance of the duties hereunder,the Grantor shall have no responsibility to maintain,control, implement or provide pedestrian public accesses upon and through the Project. The Grantee shall be solely responsible for maintaining, controlling, insuring and repairing all remaining sections of the Public Access Easements and/or sections thereto, and any and all improvements constructed upon and/or located within said Public Access Easements, in a good and safe condition,ordinary wear and tear excepted, as further delineated on Exhibit 1. 2. Grantor and Grantee agree that the execution and delivery to the County of Hawaii by Grantor of this Grant of Public Access Easements shall constitute full and final compliance with all public access requirements for the Project pursuant to Section 46-6.5, HRS, Chapter 205A, HRS,Ala Loa and Ala Kahakai, Chapters 23 (Subdivision)and 34 (Public Access), Hawaii County Code,and Planning Department Rule 21 relating to Public Access: Usage. 3. The Grantor and Grantee further agree that use of the parking, vehicular and pedestrian public access easements by the general public for the purposes -6- permitted hereunder constitutes use for"recreational purposes" within the meaning of the Hawaii Recreational Use Statute,Chapter 520, HRS. 4. That Grantee and the members of the general public shall not use the Public Access Easements for any purpose not expressly permitted herein. 5. That if at any time the premises across which the rights and easements are hereby granted, or any part thereof, shall be condemned or taken by any governmental authority,Grantee shall have the right to claim and recover from the condemning authority, but not from Grantor, such compensation as is payable for the said rights and easements within the Public Access Easements by Grantee, all of which shall be payable to Grantee. 6. The terms "Grantor" and "Grantee" wherever used herein shall include Grantor and Grantee and their respective heirs,devisees,personal representatives and assigns according to the context thereof. 7. All the terms, covenants and conditions of this Grant of Public Access Easements shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of Grantor and the successor and assigns of Grantee to the same extent as said terms, covenants and conditions inure to the benefit of and are binding upon Grantor and Grantee, respectively. 8. This writing contains the entire agreement of the parties hereto concerning the subject matter hereof, and this Grant of Public Access Easements supersedes all other agreements and understanding(whether oral or written)heretofore or contemporaneously herewith made by the parties. 9. The parties hereto agree that this instrument may be executed in counterparts, each of which shall be deemed an original,and said counterparts shall together constitute one and the same agreement,binding all of the parties hereto,notwithstanding all of the parties are not signatory to the original or the same counterparts. For all purposes, including without limitation,recordation, filing and delivery of this instrument, duplicate - 7 - or unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. 10. The parties agree that the person or company recording or arranging for the recordation of this instrument is authorized to complete any blanks contained in this instrument with the applicable number of pages, dates, and recordation information,whether before or after this instrument has been notarized by a notary public,and in no event shall completion of any such blanks be deemed an alteration of this instrument by means of the insertion of new content. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. COUNTY OF HAWAII, a municipal KOHALA KM,LLC company a Hawaii limited liability company By 2�_�4_ By "vs* Ma."iogDirector ERNEST W.MOODY Its: Mayor Its Manager AGREED AND ACCEPTED: Cy A y1.111/ing Direc • County of Hawaii Date: 6 Agreed as to . and h • By Deputy Corporati•• • nsel Date: JUN 18 2013 -8- I STATE OF HAWAI`I ) )SS. COUNTY OF HAWAII ) On June 27, 2013 t before me personally appeared WALTER K.M. LAU,to me personally known,who, being by me duly sworn, did say that WALTER K.M. LAU is the Managing Director of the County of Hawai`i,a municipal corporation of the State of Hawai`i; that the seal affixed to the foregoing instrument is the corporate seal of said County of Hawaii; that the foregoing instrument was signed and sealed in behalf of the County of Hawai`i by authority given to said Mayor of the County of Hawai`i by Section 5-1.3 and Section 13-13 of the County Charter, County of Hawai`i(2010),as amended,and assigned by the Mayor to the Managing Director pursuant to Section 6-1.3(h)of the County Charter;and said WALTER K.M. LAU acknowledged said instrument to be the free act and deed of said County of Hawaii. Notary Public,State of Hawai`i Printed Name: Lisa Robertson My commission expires:05/20/2016 NOTARY CERTIFICATION STATEMENT Document Identification or Description: Grant of Public Access Easements: Kohala Kai, LLC,TMK: (3)5-9-017 portions of 001 to 008 Doc.Date: 6/27/13 or Undated at time of notarization o. f Pees: 10+ -xhib',-- Jurisdiction:Third Circuit I/ 06/27/2013 Signature of 'tar), Date of Notarization and • Certification Statement Lisa Robertson Printed Name of Notary STATE OF 4/(2 Al ) ss. COUNTY OF (/c A' ) On this 3 day of (/ , 2013 before me appeared ERNEST W.MOODY,to me personally known,who being by me duly sworn, did say that he is the Manager of KOHALA KAI,LLC, and that the instrument was signed pursuant to authorization and on behalf of the individual, corporation, partnership or limited liability company,and said ERNEST W.MOODY acknowledged said instrument to be the free act and deed of the individual, corporation, partnership or limited lliabiillit company. Name: /)(4. tea' ' NOTARY PLO= STATE( NEVADA Notary Public, In and For 6aid County and State ►ry 0:minion Expbot 12-114318 '/ 2 i� Calks*No:084/5.1 My commission expires: /) / i,6 Nor 11 '\ _I 1;41 ri5, zt P! i 0 FF, � .. -t�nW, M s_' RR Rk 03-` 0/ .r /I j ease s a a! P. R' ;: , : ;i r. , e e `fa r e a.' i e C 1 y +.. R N U e e :P = W t. 2 '21' 3 ;q o� i H 2 0 4 - - Y R''• Sif 4 p O 3 g ha! O z Q3� 'i 1 J vh^=O per. Q / o o 3 1 b Y O W • • e9 4 6 e� f y—!4A J 3Nal mHVN rn g Q - _ 7—' . k i f 1 e , --'- / �Z i e 1 /141/11 i 1 Z !f �1! R �2 O ii , , jW __ ,0 l!; Ri a 0' C r i W • e II I - VA. is}, a • l'i gek ,It. E! if 'S y g a a : 1 ?1 ° g 1`_ f `vhs r, R, , \ 8gY. `- \ a� a :gZ. r �r : W gag_ €itiia a j( ,� ii . Iiii 117 F g�aaf -. e_ to: s ' W co E W IT m o:_ z u z U o 0 ! W e .' O 2 0 oh ;et _ 0. rn y= a ggI aW Y M p•c W n , N `o 4� V W t�L;001.- -; : :3 t O an 2 p _.- R� OS u e•$ U ti 0,,.„....P.:OO Z O O Y r 5 E 2 Mao¢— Yu, r 1 , Q y 2i-'2V o 2 O S Q . 9G1 j o i r ` F' •C y.4, e -V "5 - Q O T L` ] O < I j.• 9 • °V Y N Q r_ U 0 1 -; U r ar! a I ,, 4:,, ...5 I 1 ,4 ! k a S tfi3i'= II r i, Y ai6, 44 be a W III U ��`0•• \ 111 C�o Y w ,, F �� 'Pi. i-c 9 National Park Service "r" "` a.m. U.S. Department of the Interior 0014 Ala Kahakai National Historic Trail -- s Kahakai National Historic Trail Comprehensive Management Plan ��c� �«�max �,r���,�.,., .�s'x,���e�✓�x� �;�xix✓Hxze ,�y.�,s�„ �. �,rx�, „, e ��o- x 'ten >.�,,w�u Instructions: w�u You may read the report page by page or off7 F° �^ you may use the Table of Contents links r (p.v)or the Bookmark links. ' '3,�,A,E,a r ""oa Mvair mi�/y hvl%x �.,x72�,,,iiw5til m'Yi°„siP',i „i,, ,,,9,f/AE�'i✓4'M, a�d,N linvtlu'mcae„ X p5 `( { f fp)p r 8 t , ?s EXHIBIT 9 Excerpt from the Ala Kahakai National Historic Comprehensive Management Plan (5/09) CRITERIA FOR TRAIL ALIGNMENT In addition, easements required through the land The Ala Kahakai NHT includes a continuous linear approval process often are recorded with the Board trail, additional ancient and historic trail segments of Conveyances, but often no requirements for parallel to the shoreline within the trail corridor, installation or maintenance exist. In these instances, connected mauka-makai trails within the trail the NPS will provide technical assistance and seek corridor on public lands,and historic canoe landing funding to help local communities manage and areas as appropriate. Some of these segments are maintain these segments. land banked via documentation that may include, In order to create a single continuous trail alignment but is not limited to, both the Na Ala Hele Abstract for the Ala Kahakai NHT,trail selection criteria will Database, documents filed with the State Historic be ap•lied in the following •riorit order: Preservation Division,or approved Conservation District Use Applications that may technically be • An unaltered'or verified ancient trail considered under the jurisdiction of the State Land remnant with connections to other trail Division.The jurisdiction is challenged when an segments on either end and to high affected private landowner disputes the claim of potential sites. state ownership and there is pending litigation. Such • An unaltered or verified historic trail trail segments and associated features would remain remnant with connections to other trail in an unmanaged condition until such time as either segments on either end and to high the NPS or Na Ala Hele has resolved the ownership potential sites. issue and has the capacity to manage them. • In the case of several parallel unaltered Resource protections provided by national trail or verified trail alignments,the remnant status will be extended to all trail sites and representing the earliest trail use that segments included in the national trail through also best provides connections to other a management planning process. Full federal trail segments on either end and to high protections will apply to the trail right-of-way potential sites.The other segments will be for those trail segments that the NPS receives for protected in place and may become part of management, in less than fee, from the state. the inter.retive •ro•ram. In the meantime, the NPS will work to provide • A connecting footpath. technical assistance and seek funding to help Na Ala Hele develop the capacity to actively manage • A connecting jeep trail. these trail segments themselves or with a local • A paved road, preferably with ADA partner and recognize them as part of the Ala accessible sidewalks. Kahakai NHT. 3 "Unaltered" and "verified" refer to the trail classifications described on p. 54. ' Shoreline trails,Makalawena,N. Kona,NPS photo Ancient trail remnants,S. Kona,NPS photo *taw Comprehensive Management Plan:Guidance For Including Trail Sites And Segments 53 Trail alignment should not interfere with the access conflict in any way with management prescriptions of the U.S. Coast Guard to its 13 aids to navigation, in the management plans of the four national one each at'Upolu Point, Mahukona, Keahole Point, parks, to the extent possible within park purpose Keawekaheka Point, Keauhou Bay, Ho'opuloa, and significance, park plans will be amended to Kamaoa Point, and Honokohau; two in the vicinity accommodate and support the CMP. Prescriptions of Kailua Bay;and three in the vicinity of Kawaihae. describe desired conditions in the present tense. Four trail types are described as follows and are Mauka-makai trails connected to the linear trail noted on the table of trail segments in Appendix F. that cross private lands but are identified by Na Ala Hele as state-owned could become part of the Unaltered Trail.The ancient or historic trail retains Ala Kahakai NHT. The adjacent landowner will be the essence of its original character with historic consulted regarding areas next to the trail right-of- fabric in place or original trail tread evident.These way that require protection of associated resources trails may be comprised of stepping stones, 'a'a and other potential concerns. Shoreline lateral lava,pahoehoe lava, curbstone, `a`ã lava with access trails that are required as a development stepping stones or with stepping stones removed, permit condition by the county could also become or a pathway with defining elements alongside. a part of the Ala Kahakai NHT.The goal is to re- create a traditional system of trails in selected Desired Condition: The trail tread or fabric, other areas to enhance the trail experience for Native defining elements, and trail values are preserved Hawaiians, local residents, and other visitors and to and protected in place, rehabilitated, or restored4 support cultural conservation. as necessary and appropriate. Ideally, there are few, if any, modern intrusions and the trail is kept free TRAIL CLASSIFICATIONS AND MANAGEMENT of added development. Adjacent protected areas, PRESCRIPTIONS negotiated with the landowner,are adequate to maintain the integrity of location, design, setting, Management prescriptions are used to specify the materials,workmanship, feeling, and association. desired resource conditions and user experiences Cultural and natural resources are protected that should result from trail management. Trail and interpreted; however, natural resources are classifications for the Ala Kahakai NHT relate to managed to complement cultural resources, while the degree of evidence of the ala loa or ancient protecting rare and exceptional natural systems. and historic trails. The desired conditions and Informational and interpretive signs are well- trail experience relate to the trail's fundamental designed and offered at trail heads away from resources and values summarized as follows: the trail itself. The special relationship of Native • protection of the original trail fabric or Hawaiians to the trail and associated resources is alignment recognized and integrated into the management program. A national register nomination is • protection and provision of access, as completed for the segment. The trail is clean, safe, appropriate, to protected natural, cultural, and appropriately used and recreational resources related to the Hawaiian culture Trail Experience: Use is restricted to hiking. The • protection of places where prehistoric and trail user can come into contact with the historic historic events associated with the ala loa setting, share the experience of the ancient users, took place and where their stories may be and explore Hawaiian culture first hand by walking told the trail and learning of its associated places and stories. Native Hawaiian cultural practitioners find • provision of opportunities to practice an appropriate setting for their practice. Hawaiians and experience traditional Hawaiian and others with deep ties to the trail setting and its stewardship in an ahupua'a context culture are able to enjoy this culture and share the • protection of significant natural areas and experiences of their ancestors. Trail use may require resources a relatively high degree of physical exertion and an extended time commitment. Generally, these The four trail classifications described below may trail segments offer a moderate to high degree of be found anywhere along the trail route in any of the island districts. Should these prescriptions Refer to the Glossary for definitions of preservation, rehabilitation, and restoration. 54 Ala Kahakai National Historic Trail Comprehensive Management Plan 10 .'4p,• yam'. Harry Kim Christopher J. Yuen Mayor = Director 'rE of a►"� Roy R. Takemoto Deputy Director Inuxtt r of 7infxxai PLANNING DEPARTMENT 25 Aupuni Street,Room 109•Hilo,Hawaii 96720-4252 (808)961-8288•Fax(808)961-8742 December 26,2001 Robert W. Cunningham,LPLS Belt Collins Hawaii 680 Ala Moana Blvd.,First Floor Honolulu,HI 96813-5406 Dear Mr. Cunningham: FINAL SUBDIVISION APPROVAL NO. 7495 SUBDIVISION AGREEMENTS &FIRST HAWAIIAN BANK IRREVOCABLE SET ASIDE LETTER SUBDIVIDERS: KAHUA RANCH, LTD., et al. KAHUA RANCH, LIMITED MAKAI SUBDIVISION Proposed Subdivision of Lot 9 as shown on Map 4 Of Land Court Consolidation 129 Into Lots 69 to 77, Inclusive,and Designation of Easements At Kahua 1St,Kahua and Waika,North Kohala, Island of Hawaii, Hawaii TMK: 5-9-001:007 (SUB 99-137) Please be informed that final subdivision approval for recordation is hereby granted to the revised final plat map dated October 27, 2000, as attached herewith inasmuch as the surety documents to complete construction of improvements within the subdivision have met the approval of all the listed officers. You and the subdivider may wish to consult an attorney for the preparation of the necessary legal documents and description of the certified revised final plat map for the purpose of recordation with the Registrar of the Land Court, State of Hawaii. EXHIBIT 10 Kohala Kai Final Subdivision Approval No. 7495 (12/26/01) Robert W. Cunningham, LPLS Belt Collins Hawaii Page 2 December 26, 2001 Copies of the certified final plat map and surety documents are enclosed. Sincerely, 1 CHRISTOPHER J./YUEN Planning Director' ETC:lnm P:\WP6O\SUBDMSUB\Subc2001-4199137KahuaRanchFNL.doc EIICS.- 2 Certified Rev.FPM Copies of Subdivision Agreements (2) Copy of FHB Irrevocable Set Aside Letter($410,000.00) xc: Manager,DWS Director,DPW District Environmental Health Program Chief,DOH District Engineer,DOT PLNG-KONA w/Certified Rev.FPM DPW-ENG-KONA County Treasurer w/Original Subdivision Agreements(2)and FHB Irrevocable Set Aside Letter($410,000.00) Tax Maps and Records Section w/Certified Rev.FPM Real Property Tax Division-Kona w/Certified Rev.FPM Kahua Ranch,Ltd., et al. Galen C.K.Leong, Esq., Ashford&Wriston TMK File 5-9-01:07(SMM 84) 1 y i 7 e i i x �R a5 a a q Al/ v,*, ' Ma- cos 8g 0�--mss\ `\Y' C'4 p t.� $ 3 A� g 4 4 4 4 9 �. g! -w 4›�t, 4l M 's _ -5 �— `� \� n _ 3 R*9 3 Y o i � �F r rc �- RN cEc ' u\ � p 3 ' r dq g ,. 11 ` $ sE p ,, - v V ' i b \\ - y K: K 4\^,n:�,0/,/ &dt/ Fl ,a, / a 5l\ R 1 R 14 a \F a.s /1/ A, LI/per 4 \\ j i�sa 11 Rye \ / J j■in s! lJ / „"g / y, .,\�\s Pe. \QCs, 'l a",;,' Y$$,�sr k �, s� psces } `� xw �� �/ � .v etas 4 z/ _ / .��N ..1 om•H sspail 4 , a Y g r .. , ' " �a s ,k I \ ‘ a �. ' 1 Ai 1 1 ._F-J \\ z e & a. ' 4 t a M 4 c 4, M m " i,,e CO,ca <y °ro y.fg a 69 l b a n. .9 , a'"ro i / 4 ,i R s o° has ' �,Z• 1 8 _ \ 8 A 8 Yy /� 8 sa sR R_ L, �' y 1 ' . '' a F11 N c8 7-� v 3� 1 a / o 1 =No $ al s Pmt ,y,4 R^ // if!I r 1• zis k;,, 5 /8, R 8r bt ii mr Rye - �1 \@C r" /� m �, °{m r e 1 1055x5 V-�$t,g--+_' M z ,1 }v. :� a A ! i� ✓ . --I °%'tea a -„ :'...._,,, \ J� - �a '4,,,,t,. ,y05 r gym. ',, r a.e ,.a ' bpN �� H3�y1 �� 7 � ‘114 ti n i : '' k ' li:��\ ii O M F 3Jy :1 // r� a - °3 --1 °m o D 'o �' as S F, CO � - o ' � D .\ 7 ,.,E 9;•....k. a c� ', ' —I l —''wrtx n s. -1• o c m m C'7 -1 CD "'P' a Q 'g P = n J z 1°r- C-73 O m o� m „o, n Z " c� o� Z °,n 'si o P' m in " N T. . O g . K V y = T P' '' o n o Q " Pi i,\\fob I ' OA �,o nn 55r oz T F V o r n vs Z s U1� [;Fa t\.x c 795 � .. O= 8,7.8 v i O y N a 1-5. ' ,� . �' X a m N X i fl 1' s l 0. 11 J M LEONARD P.._ANNINGI LLC 1100 Ainalako Road-Hilo,HI 96720 Tel(808)896-3459 •E-mail:jmleonard@mac.com December 6, 2011 Ms. Ester Imamura,Planner Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 SUBJECT: SPECIAL MANAGEMENT AREA(SMA)MINOR USE PERMIT NO. 84 AND SMA USE PERMIT NO. 06-000010 KOHALA KAI 7-LOT SUBDIVISION PUBLIC SHORELINE ACCESS IMPROVEMENTS; TRAIL CONSTRUCTION TAX MAP KEY NOS: 5-9-17: 1-7 Dear Ms. Imamura: This is to follow up to our discussion of December 5, 2011 confirming that the planned public access trail improvements on the Kohala Kai property in the area of the recorded public access easements are related to provision of public shoreline access that are permitted and required as conditions of the SMA Permit approvals affecting the subject property (SMA Minor Use Permit No. 84 and SMA Use Permit No. 06-00010). Condition No. 3 of SMA Minor Use Permit No. 84 requires, in part, that the applicant submit a shoreline public access plan for the project site that includes the provision of a inauka-makai and lateral shoreline public access pedestrian easements within the project site. These easements are reflected on the final plat maps that were submitted to the County Planning Department as part of the Final Subdivision Approval for the subject property, as well as being indicated on the TMK map, a copy of which is attached for reference. Further, Condition No. 14 of SMA Use Permit No. 06-000010 states that: "The applicant shall construct two walkable pedestrian access trails One from Akoni Pule Highway to the shoreline and may be located on any of the lots on the subject and the other a lateral shoreline access extending the width of the subject 63.8-acre parcel." The two trails will be constructed primarily with the use of hand equipment and without the need for grubbing or grading activity. There will be some trimming of the existing Keawe trees in areas where the trail passes, and removal of others that were damaged by a prior wild fire. The wood debris will be chipped and used on site, either as mulch or along the trail path. Creation of the trails will require some limited use of rubber-wheeled, power equipment for EXHIBIT 11 Kohala Kai Letter from James Leonard to Planning Department (12/6/11)- , , Ester Imamura, Planner County Planning Department December 6, 2011 Page Two moving large stones along the trail alignment,and for transporting and spreading gravel or wood chips in areas of the trails to help define the path and improve walkability. Please let me know if your understanding of our discussion regarding the planned trail improvements differs from the above. Yours Sincerely, 71/(1)4 / 1--.°James M. Leonard, MCP JM Leonard Planning, LLC CC: Charlie Anderson, I-IPB Steve Lim, Carlsmith Ball Attachment — - 12a North Kohala Access Group Minutes Meeting Notes August 3,2011 (Old Courthouse 4:30pm) Participants: Elat Holly Algood, Jack Hoyt, Toni Withington, Fred Cachola,Ida Hanohano, Ralph Galan, Hap Tallman, Mely Tallman, Beth Robinson, Arnie Klaus, Charlie Anderson,Jerry Willams, Chauncey Wong Yuen, Ted Matsuda. • Ainakea o They have an application in for subdividing 188 acres that is currently zoned AG 20 to make it into 5 lots. o Some members talked to the planning department on a mauka-makai, 4-wheel drive road thru Ainakea subdivision to the ocean o The affordable housing sub committee of the NK CDP is interested in this area,because it would be ideal for affordable housing, should it become available. o There's a concern, if any archeological studies have been done on this area. • There were gathering areas for early Hawaiians. o We should make a comprehensive plan(access, affordable housing, cultural significance) and meet with the owner in small group. • Toni will draft a letter for us to review. • North Coast LLC (Hoea Flats) o Lateral access has been granted. o Charlie and Beth will get us a map of the Upolu area for future discussions. • Upolu Airport area (Chauncey Wong Yuen—Airports Division, Hawaii District Manager) o Right of entry has been proposed to the state airports director for our group to steward the area. o The west side of the airport should be ready to start a nursery to raise native plants to use for restoration of coastal areas. • Kamehameha Schools (Mookini Heiau) o Joe and Toni is still working on setting up a meeting of all the stakeholders involved for the Coast Guard road to Mookini Heiau. • Coast Guard Road o Nothing new to report. • Parker Ranch (this is known as "Ranch at Puakea") o There are 2 oceanfront lots applying for building permits. • They will need a SMA permit. • Construction is on hold until a archeological review is being done • Lateral access is granted. • Kohala Shoreline LLC o There has been no movement on this project. • Stewardship Master Plan o See attached proposal, this is a work in progress. • Action Committee updates o Nothing new to report 1 of 2 EXHIBIT 12a Kohala Kai NKCAG Meeting Notes • New Item o We need to have consistency on signage. o Fred Cachola has written some of his manao - see attached. o The state Land Legacy commission, the county Public Open Space Commission(PONC), and the Trust for Public Lands (TPL)has purchased 200 acres in Kohala. • TPL will host a Hoolaulea at Lapakahi State Park on Wednesday,August 31, 2011 from 12:00 pm till 2:00 pm. It will be open to the public o Act 233 will identify a statewide greenway and trail system. • Next Meeting o Wednesday September 7,2011,4:30pm in the Old Courthouse. o Agenda rens 2 of 2 North Kohala Access Group Minutes Meeting Notes 410, November 2,2011 (Old Courthouse 4:30pm) Participants: Jack Hoyt,Toni Withington,Marlene Ching,Charlie Anderson, Dave Richardson,Mike Isaacs, Debbie Ellazar, Robert Ellazar,Chauncey Wong Yuen, Ted Matsuda. • Hapu'u U The landowners have received approval from the state for its Preservation Plan Hale 0'Kai li Heiau. 11 Our group should write a letter to all fishing tournament organizers letting them know about vandalism of our ocean and cultural areas. • Kauhola Lighthouse Land purchase of the Davis'property is about$230,000 sh of goal. J The grant of easements documents has yet to be receiv ' the county. • Pahoa (Honomakau) H The easement from the former Mohamadi propert 11 be igned around the now locked gate. • A ped an trail nea - former Mohammadi property will be made by cutting out the exis Bou, 'nvillea p . ts to open the trail for pedestrian use to Pahoa Beach. • Upolu Airport-East end of the runway ✓ Landowners have proposed a grant nt fo ess and a parking lot on the east side of Upolu Airport 11) . . . • We will coordinate a - presentatives of the landowner on the east side of Upolu Airport for p osed cess, • Upolu Airport Area Restora 1E1 The state is still preparin: • o e SMA and the Right of entry El The National Gu. I ni 1 help and be the mentors for the students with the restoration and plantings. U The state has -eared a w. r plan with a portable tank system. H The Naupaka p are re for planting. • We may w: • opagate more native species. • Coast Guard Road [I We are still trying to set a meeting with all the stakeholders • We have sent out a list of all the stakeholders. • Puakea Bay Ranch The county will work with the state on realigning the makai Na Ala Hele trail to move it safely back from the parts that collapsed during the earthquake. : : . : - : - .•- 6 Documentation of the right to move the trail was provided by NKCAG. • Ranch at Puakea HI Richard Stevens'archeological ancient trail report done in 2005 identified 7 trails that were not recorded in other archeological surveys. • We'll forward a copy of the report to the county planning department(Larry Brown),the landowner and the archeologist that did the survey. I of 2 • Land South of Ranch at Puakea(Kukuipahu?) 7 Planning Department(Larry)will check if a grant of easement has been recorded. • Kohala Kai r] The county had approved a subdivision with a previous owner that requires a 10'Mauka-Makai access and a 10' lateral shoreline access. It also requires that the landowner put in 2 cul-de-sacs. • The landowner wants to propose moving the lateral access more inland where it is more realistic to physically walk a The landowners are is proposing to put in a 3-car parking lot next to the north cul-de-sac. • We will draft a letter to the state DOT and county planning department to let the landowner proceed without interruption to their application and at the same time we would like the state to approve the moving the parking lot further north of the proposal. o The proposed parking lot is located next to the north cul-de-sac which would mean that the pedestrian would have to cross over a large gulch laterally to access the Mauka Makai trail • New Items fl Grant of easement documents • Most landowners that need to submit grant o 'ent documents haven't done so because the county hasn't done their part • u e req u ent. o For example they would need t• ey,or ha anagement plan,etc. • We should look into how could we j• the ty with .etting their requirements accomplished so that the landowners • plete their grant of easements. o We need to find out w,:t are the ty requirements for each grant of easement. • Where is the county on the li. \ • o "slation? • Next Meeting 0 Wednesday December 7,20 • Opm e Old Courthouse. 2 of 2 North Kohala Access Group Minutes Meeting Notes Rivised January 4,2012 (Old Courthouse 4:30pm) Participants: Rick Gmirkin, Joe Carvalho, Kelly Vitorino,Toni Withington, Jack Hoyt, Dennis Camblin, Mike Isaacs,Ted Matsuda, Hap Tallman. • Hapu'u -Kapanaia ❑ Toni will draft a letter to all fishing tournament organizers letting them know about vandalism of our ocean and cultural areas, we will also make a flyer to post at various locations. • We will distribute it to all fishing tournament organizers and fishing stores on this Island. o Ted &Joe will get a list of fishing tournament organizers and fishing stores to distribute to. • Kauhola Lighthouse ❑ Nothing new to report. • Pahoa (Honomakau) ❑ We'll have a small group meet with the owner's representative to discuss signage. • Upolu Airport-East end of the runway ❑ The Planning Department are awaiting for the landowner to submit the grant of easement documents.. • Upolu Airport Area Restoration ❑ The state airports division is ready to submit SMA. ❑ The state Attorney General's office has approved the Right of entry ❑ The military's EIS for use of Upolu Airport 1st draft is done. • It showed no mitigation • However during public comment, there were 2 major mitigation concerns. o Coastal Erosion o Cultural Impact • Coast Guard Road ❑ Nothing new to report. • Puakea Bay Ranch ▪ Nothing new to report • Ranch at Puakea ❑ Nothing new to report • Kukuipahu ❑ Nothing new to report. • Kohala Kai ❑ Nothing new to report • Grant of easement documents ❑ Mike meet with Larry Brown of the planning department to go over the list of"grant of easements" that we sent to him and get the latest status. • This will help us identify what else needs to be done on each specific grant of easement. 1 of 2 Ilk New Items ❑ PONC have submitted the list of land purchase nomination to the mayor for 2012 • Banyans in Kona(easement) • Hapu'u to Kapanaia corridor • Nuilii (Keokea Beach Park to Nuilii bay) • Mahukona (Mahukona Park to Kapaa Park- all makai of the highway) • Keawenui(easement) (also known as Kehena II) • Kukuipahu(Kapaa Park to the Ranch at Puakea) ❑ The State Land Legacy and Natural Resources nomination of land purchase on the Big Island for 2012 • Kaiholena(south) educational center. • Ala Kaha Kai Park Service have located the Ala Loa trail on these properties. ❑ There are 2 parcels in the vicinity of Black Point that were recently the subject of site visits by NPS, State of Hawaii(Na Ala Hele& State Historic Preservation Division), and the County. The purpose of the site visits was to address public access. • Puanui, owned by Kamehameha Schools,working with Ka `Ike 0 Ka `Aina, is proposing an educational center • Ki'iokalani is proposing a single family dwelling. k • Ala Kahakai National Historic Trail assisted State and County in trying to locate the Ala Loa trail on these properties. • The original coastal trail is located where the existing jeep road is in Ki'iokalani and Puaik. • Next Meeting ❑ Wednesday February 1, 2012, 4:30pm in the Old Courthouse. 2 of 2 North Kohala Access Group Minutes Meeting Notes February 1,2012 (Old Courthouse 4:30pm) Participants: Jack Hoyt, Toni Withington, Aric Arakaki, Dennis Camblin, Dave Richardson, Ida Hanohano, Joe Carvalho, Ralph Galan, Beth Robinson, Ted Matsuda • Hapu'u- Kapanaia ❑ Toni has drafted a letter to all fishing tournament organizers and fishing stores regarding vandalism of our ocean and cultural areas,we will also make a flyer to post at various locations. • Edits to the letter. o Identify the Heiau that was vandalized and what happened. o End letter with" Mahalo,North Kohala Community Access Group". • We will distribute it to all fishing tournament organizers and fishing stores on this Island. o Ted &Joe will get a list of fishing tournament organizers and fishing stores to distribute to. • We will contact landowner to see if they're interested in posting this flyer with a contact number if there are any questions. o We should try to get consistent signage. • Kauhola Lighthouse ❑ There was a successful outing this past Sunday to show support for the purchase of this property. ❑ February 15,2012 is the deadline for raising the remaining $71,000 for the purchase of this property. • Pahoa (Honomakau) ❑ The pedestrian gate is installed where the bougainvillea bushes were at the entry of the trail. ❑ We'll get in contact with the owner of the bottom gate, so we can get to the trail and make a site visit on trail. ❑ We may also need signage at the bottom of the pavement to show the trail. O Upolu Airport-East end of the runway ❑ The Planning Department is okay with the access plan. ❑ The landowner is awaiting for a map to be prepared for land court. O Upolu Airport Area Restoration ❑ The state airports division has a portable water tank on order. ❑ The Naupaka plants are ready. ❑ The state airports division is ready to review the SMA and submit it. ❑ The right of entry needs signatures so it can be completed. 0 1 of 2 • Coast Guard Road ❑ Nothing new to report. • Puakea Bay Ranch B Nothing new to report • Ranch at Puakea ❑ We'll put together a packet of ancient trails and usage of this area for current owners and realtors to use. • Kukuipahu ❑ Nothing new to report. • Kohala Kai ❑ County, State, and Federal Officials, along with the landowner and/or their representatives met and are negotiating the locations of the trails and public access. • Grant of easement documents ❑ Joe will create a map from the Grants of easements list that we made so that it would be easier to identify and understand. • Joe will set up a meeting with the Planning Department and Corporation counsel to identify and facilitate what conditions for each specific "Grants of easement" needs to be done to have it recorded. Deputy Corporation Counsel for the Planning Dept. was not requested to participate in the 2/16 meeting and is not scheduled to do so. My understanding of the purpose of the meeting was to confirm the status of various public accesses in N. Kohala. • New Items ❑ Kaiholena • Ala Kaha Kai has a grant of easement with the county and will start to inventory the resources in this area.. I'm not aware of any"easement"granted to AK from the County. o Identifying families that have lived on this land and having them participate in a site visit would be of significant value to the inventory process. ❑ The University of Hawaii Law school will have a law clinic focusing on water law and water management in Hawaii, • This will be held on March 11, 2012 at the Honokahau-Kaloko National Park. ❑ Land Legacy Fund will be affected significantly by a legislative bill that wants to reduce the funding with partners for land purchases. • Toni will draft testimony against this bill and Ted will submit it. 10 Next Meeting ❑ Wednesday March 7, 2012, 4:30pm in the Old Courthouse. 2 of 2 North Kohala Access Group Minutes Meeting Notes March 7,2012 (Old Courthouse 4:30pm) Participants: Joe Carvalho, Toni Withington, Aric Arakaki, Eric Schmidt, Beth Robinson, Mike Isaacs, Ralph Galan, Jack Hoyt, Ted Matsuda • Hapu'u-Kapanaia ❑ Vipassana Hawaii is contemplating development of a meditation retreat on 15 acres of about 250 acres which covers from the east end of the Kauhola lighthouse parcel to the east end of the Hapu'u Bay. • Of the 250 acres, about 50 acres are in the coastal conservation area. • An special permit has already been obtained some years ago on 15 acres for the meditation retreat. • The owners are aware of the access and historical concerns • The coastal parcel is already subject to a lateral access agreement with the County that has not been recorded yet. • We should ask the county planning department of come out and walk the trails for access on this on this property. o There is a Heiau named Ohau located in Halelua gulch on the Lighthouse side of the property. • They may need to sell some lands to come up with the needed finances to proceed with this project. o One option is to sell the 50-acre ocean front property to the public. o Another option is to sell an agricultural conservation easement that will keep the lands in agriculture in perpetuity i Kauhola Lighthouse ❑ Maika'i Kamakani 0 Kohala is the organization that is working on the stewardship management plan. ❑ There will be a celebration sometime soon. • Pahoa (Honomakau) ❑ If the old Mohammadi property goes into the planning department for a subdivision and consolidation request, it would be a good time to request a review of the access trails.. • Upolu Airport-East end of the runway ❑ Nothing new to report. • Upolu Airport Area Restoration ❑ The SMA is in the process of being submitted to the county for review. ❑ It was suggested that we create a map of the whole restoration area and include what needs to be done in each area. 0 1 of 2 • Coast Guard Road ❑ Nothing new to report. I Puakea Bay Ranch Nothing new to report • Ranch at Puakea ❑ Nothing new to report. • Kukuipahu ❑ Nothing new to report. • Kohala Kai ❑ Nothing new to report. • Grant of easement documents ❑ The National Park Service (NPS) Ala Kaha Kai will help us create a GIS map from Pololu to Coast Guard.. • New Items ❑ Nothing new to report. • Next Meeting ❑ Wednesday April 4, 2012, 4:30pm in the Old Courthouse. 2 of 2 North Kohala Access Group Minutes Meeting Notes April 4,2012 (Old Courthouse 4:30pm) Participants: Jack Hoyt, Beth Robinson, Toni Withington,Jake Polvi, Dennis Camblin, Ralph Galan, Aric Arakaki, Keone MacKillop, Ted Matsuda • Hapu'u - Kapanaia Vipassana Hawaii is working with Hawaii Islands Lands Trust. • They will entertain all options to preserving some of these lands. o Private purchase o Public purchase o Landowner easements: * Conservation easements * Agricultural easements * Historic preservation • Kauhola Lighthouse The State Legacy Land Commission has made their share of payment to the escrow company and should close soon. • A celebration is being planned for sometime in June 2012. • Ainakea Lateral access is about to be recorded with the county. Q • Pahoa (Honomakau) The Mauka-Makai and lateral access needs to be worked out with the landowners and the county because the owners will be coming to the PD for boundary changes. • Upolu Airport-East end of the runway Nothing new to report. • Upolu Airport Area Restoration The right of entry by the state is held up right now. The right of entry by the Ala Kahakai National Park Service is pending but will not hold up Kohala Lihikai restoration project. The educational programs can be started. • There will be adult volunteers and student programs. • Well have a GPS mapping session. Ala Kaha Kai NPS is working on a cooperative agreement. • This could provide a funding tool, #M Coast Guard Road The County of Hawaii will take control of the Old Coast Guard Road • It is from Akoni Pule Highway to the Mookini Road (above the Old Coast Guard property). • A resolution passed County Council to purchase a key section just above the old Coast Guard Station. 0 1 of 2 • Puakea Bay Ranch — Nothing new to report • Ranch at Puakea The 1 (north lot) of the 3 oceanfront lots is in escrow. We'll create a trails map with property lines. • Kukuipahu Nothing new to report. • Kohala Kai We are working on the location of the trail along the coast We are also working on the Mauka-Makai access and parking lot. • Grant of easement documents We are in the process of having the National Park Service(NPS)Ala Kahakai help us create a GIS map of all grant of easement documents that are active. • This will help us pursue the completion of these easements. • Also it will help describe the status of all access segments. • We should have a sample map at next meeting. • New Items A parcel in the Niulii area has submitted a subdivision permit application to the county planning department that may trigger coastal access in that area. • Next Meeting Wednesday May 2, 2012,4:30pm in the Old Courthouse. 0 0 2 of 2 North Kohala Access Group Minutes Meeting Notes May 2,2012 (Old Courthouse 4:30pm) Participants: Jack Hoyt, Joe Carvalho, Beth Robinson, Ralph Galan,Toni Withington, Aric Arakaki,Jake Polvi, Ted Matsuda • Hapu'u - Kapanaia Halelua Lot 1 which consists of about 50 acres. • The landowners are considering to recommend to PONC. • Kauhola Lighthouse Purchase has closed. Celebration is being planned for June 23rd.. • Ainakea Grant of Easement signed by Terry Harrison has been accepted by the Planning Director and is on the Mayor's desk for his signature and transmittal to the County Council for acceptance by resolution. • Pahoa (Honomakau) Nothing new to report. • Upolu Airport- East end of the runway Mauka-Makai access plan is with the landowners attorney for review. I • Upolu Airport Area Restoration The right of entry (ROE) by the state is held up right now, waiting on Airports Division. • Coast Guard Road The County has submitted its application to the National Parks Service-Federal Lands for Parks Program for acquisition of the Coast Guard Road between Akoni Pule Hwy. and the Loran Station parcel, including approximately 7 acres of the Loran Station parcel. I fr Puakea Bay Ranch — Planning, NAH and Ala Kahakai hope to work out an agreement with the new owners of Parcel 41 to realign the trail between the house and shoreline. AL We'll contact the County Planning Department,NAH and the Ala Kahakai to make sure that there is community input with this realignment. • Ranch at Puakea We'll create a trails &cultural sites map with property lines. • Kukuipahu Nothing new to report. • Kohala Kai Trail alignment and construction completed from the highway to and along the shoreline has essentially been approved and completed. A small realignment of the mauka-makai trail where it traverses down into the ravine just before the trail begins to go south laterally along the pali is being completed. We'll contact the DOT to check if the parking lot location is safe or could be relocated. • Grant of easement documents It is a work in progress. • New Items We will be discussing parcels of lands in the Nuilii area for public preservation purchases. The state is updating it's State Cultural Preservation Plan, and will have public meetings. • They will update the State Historic Plan • They will also update the Ocean Resource Management Plan. • Next Meeting Wednesday June 6, 2012,4:30pm in the Old Courthouse. 1 of 1 North Kohala Access Group Minutes Meeting Notes June 6,2012(Old Courthouse 4:30pm) Participants: Jack Hoyt, Keone MacKillop, Toni Withington, Keith Wallis,Alan Gitel, Stephanie Naihe-Laxton,Joe Carvalho,Jim Peterson,Lani Bowman,Aric Arakaki, Dave Richardson,Mike Isaacs,Ted Matsuda. • Hapu'u-Kapanaia Pacific Plains • An earlier archeological study didn't identify Kapalama Heiau. • The State Historic Preservation Division has accepted a new archeological study from Pacific Plains,LLC identifying Kapalama Heiau Hapu'u. • There are reports that fishermen are cutting the fence and driving to the shoreline. • Stephanie is willing to put the access map of this area on their website with Jack's help. • Charlie Anderson,land owner at Hapu'u,is ready to work with the community on the preservation plan for Hale `O Kaili • Kauhola Lighthouse A celebration of the public open space purchase is being planned for June 23rd. • Volunteers are cleaning-up on the bottom of the property and moving upward in preparation for the celebration. • At the celebration, organizers will be getting community input on the management plan for this area Legal access below the old mill is being created in accordance with the county. • There are reports that fishermen are cutting the fence and driving to the shoreline. • Ainakea Nothing new to report. • Pahoa(Honomakau) Nothing new to report. • Upolu Airport-East end of the runway Nothing new to report • Upolu Airport Area Restoration The right of entry(ROE)by the state is being reviewed by the Board of Land and Natural Resources The right of entry(ROE)by Ala Kahakai is done and they also have a corporate agreement. • Upolu Airport West DLNR is turning state lands over to Department of Agriculture for agricultural leases • We will send a testimony to the Board of Land and Natural Resources on easements in that area. 1 of 2 • Coast Guard Road Nothing new to report • Puakea Bay Ranch — A Letter is being drafted to the county, state, and Federal agencies to realign the trail along the cliff on Lot 41 • Ranch at Puakea We are currently working on a trails & cultural sites map with property lines. • Kukuipahu Nothing new to report. • Kohala Kai We'll draft a letter to DOT to check if the proposed public parking lot location in the subdivision could be relocated to the top of the mauka-makai trail. • Grant of easement documents It is a work in progress. • New Items Kamehameha Day Celebration on June 11th. • Ala Kaha Kai will have a booth and we'll participate with access maps and accepting community input. We may want to draft a letter to the planning director to preserve Heiaus and other cultural sites in North Kohala • Next Meeting - Wednesday July 11, 2012, 4:30pm in the Old Courthouse. C C 2 of 2 North Kohala Access Group Minutes Meeting Notes July 7,2012(Old Courthouse 4:30pm) Participants: Toni Withington, Keith Wallis,Jake Polvi, Joe Carvalho,Aric Arakaki, Beth Robinson, Ralph Galan,Mike Isaacs, Keone MacKillop,Jack Hoyt, Gail Byre, Oliver Lum,Ted Matsuda. • Hapu'u-Kapanaia Pacific Plains • The County of Hawaii planning department has received the grant of easement documents from Pacific Plains. Hapu'u. • Charlie Anderson, land owner at Hapu'u, will be meeting with some members of the community on Wednesday,July 8th at 5:00 pm to discuss fencing around Hale `O Kaili Heiau. • Kauhola Lighthouse A celebration was done and successful for the purchase of this area They are still working on legal access on the ground. Trust for Public Lands (TPL)is working on a management plan. • There are many different requirements because of the different grants. • Ainakea The grant of easement has been submitted to the planning department and is supposed to get approval from the county council. • We need an update from the County Planning Department. • Pahoa(Honomakau) Nothing new to report. • Upolu Airport-East end of the runway The grant of easement has been submitted to the planning department. • We need an update from the County Planning Department. • Upolu Airport Area Restoration The plants have been delivered to Upolu airport maintenance area. Ala Kaha Kai has a ROE with the state DOT. IF Coast Guard Road We need an update from County of Hawaii Planning Department. • Someone said that this road is still privately owned by the Federal Government even though the County recently repaired it. • Puakea Bay Ranch A letter is being drafted to realign the trail along the cliff on Lot 41and not wait until the property has a new owner. • We will send it to the action committee to be forwarded to DLNR,Na Ala Hele, Ala Kaha Kai, and the Planning Director 1 of 2 • Ranch at Puakea We are currently working on a trails & cultural sites map with property lines. • Kukuipahu Nothing new to report. • Kohala Kai Construction is going on for the parking lot. The subdivision apparently doesn't have final approval from the planning department yet. • Grant of easement documents It is a work in progress. • New Items Mahukona • The department of water supply informed KPCT that they need to bond the private water system they have planned for the subdivision. The subdivision does not have final approval • The court ordered public access is pending completion of the subdivision. Old government roads and railroads. • Keoni of the action committee wants to peruse the use of these old accesses. o Pratt Road o Wylie Road o Old Railroads Ala Kaha Kai • They have grants for a music and talk story session that involves people of that area. o We will have one here in Kohala, and it is suggested to be held at Keokea Beach Park. * Joe will reserve Keokea. * Aric contacted Fred Cachola to coordinate this event. Wednesday August 1, 2012, 4:30pm in the Old Courthouse. 2 of 2 North Kohala Access Group Minutes Meeting Notes August 1,2012(Old Courthouse 4:30pm) Participants: Jack Hoyt,Joe Carvalho, Keith Wallis, Toni Withington,Ralph Galan, Gail Byre,Ted Matsuda. ❖ Hapu'u -Kapanaia o Pacific Plains • Report from Larry Brown of the Planning Department • Planning did not receive a grant of easement document for Pacific Plains. We did receive an Amended Shoreline Public Access Plan dated May 22, 2012,which we responded to on June 8, 2012 stating that the signage at the public parking easement should include a map showing the vehicular and pedestrian access alignments. We further commented that the Revised Final Plat Map submitted needed to be amended to indicate that the lateral pedestrian trail was also a 10'-wide public pedestrian access easement in favor of the County. • We want the county planning department to send us a copy of the access plan. o Hapu'u. • After consulting with kahu, the landowners are installing a protective fence around the Hale `O Kaili Heiau. ❖ Kauhola Lighthouse o Nothing new to report. ❖ Ainakea o Report from Larry Brown of the Planning Department. • Grant of Easement for Ainakea has been signed by the Mayor and the Resolution to accept the easement by the County Council passed out of the Parks &Recreation Committee with a favorable recommendation on July 18. I expect approval by the full Council at their next meeting on August 1. •'• Pahoa (Honomakau) • o Nothing new to report. ❖ Upolu Airport-East end of the runway o Report from Larry Brown of the Planning Department. • No GOE submitted to Planning since 12/19/11. Planning letter dated 2/22/12 (attached)itemized necessary corrections to GOE for this site as well as for SKC (5-3-07:0040,New Moon(5-3-06:023),Vipassana Hawaii (5-3-07:010),Davis Trust(5-3-07:048, and Anderson Trust(5-3-06:027) o We would like the easement document from the planning department regarding Surety Kohala Corporation. • The previous owner that had easement agreement with the county. ❖ Upolu Airport Area Restoration o The 90 or so Naupaka plants have been delivered to Upolu airport maintenance area. o We will need about 1,000 Naupaka plants o Report from Aric Arakaki of Ala Kaha Kai NPS • Cooperative Agreement is at DLNR for approval • Trail survey will occur in the coming months, as other projects are completed, • Coast Guard Road o Report from Larry Brown of the Planning Department. • County has submitted application to the National Park Service for acquisition of the road and approximately 6 acres of adjacent lands within the Loran Station parcel. We are still waiting for a response from the NPS. • Puakea Bay Ranch o A letter regarding realign the trail along the cliff on Lot 41 and not wait until the property has a new owner has been sent to the NK CDP Action Committee. ❖ Ranch at Puakea o We are currently working on a trails &cultural sites map with property lines. o Report from Aric Arakaki of Ala Kaha Kai NPS • Map of trails. -well research trails and work with the Group to produce maps when other projects currently underway are pau • Kohala Kai o Nothing new to report • Grant of easement documents o Report from Aric Arakaki of Ala Kaha Kai NPS • Rick is standing by to work with the Group on maps. So far two have been produced ❖ Old government roads and rail roads o Report from Aric Arakaki of Ala Kaha Kai NPS • RR Easement: RTCA study on the RR alignment was requested. - Stand by •:• Ala Kaha Kai o Music &talk story gathering has been tentatively set for October 21, 2012 • Joe will reserve Keokea Beach Park. • Fred Cachola&a committee will coordinate the event. • New Items o Annual Report to the NK CDP Action Committee • Will need to list the following: accomplishments,reference to the CDP, Goals for this year. • Joe will draft a report. o North Kohala CDP Action Committee. • Will hold a community meeting on September 12, 2012. • It will be held from 5:30 pm till 8:00 pm • It will take place at the Kohala Intergenerational Center(KIC) • Next Meeting • o Wednesday September 5, 2012,4:30pm in the Old Courthouse. North Kohala Access Group Minutes Meeting Notes September 5,2012 (Old Courthouse 4:30pm) Participants: Jack Hoyt, Eric Batha, Joe Carvalho, Toni Withington, Fred Cachola, Ida Hanohano, Gail Byre, Beth Robinson, Ralph Galan, Ted Matsuda. Keone MacKillop • Hapu'u-Kapanaia • Hapu'u. • Fencing around Hale `O Kaili Heiau.is complete, fencing in progress for the pedestrian trail portion. • Signage is being done by the landowner Charlie and Ralph. • Fred will contact Ralph to help with the history on the signage. • Halelua(Between Kauhola and Hapu'u) • HILT (Hawaii Island Land Trust) is preparing an application for an open space easement with the State funding thru the Land Legacy. • The landowners are also working on agricultural easements over other areas on the property except the ocean front areas. • Ohau Heiau is located on the west side of the property ❖ Kauhola Lighthouse • There was a good meeting that collected input from the community for a management plan for this area. • They are working on fencing and getting a water line down to the property. • The Coast Guard owns about 2 acres where the lighthouse sits and westward. • Maybe we should consider acquiring this property for the community. + Ainakea • We need to check with Larry Brown of the Planning Department on the status of the grant of easement • Did the grant of easement get approval by the full Council at their meeting on August 1? • Pahoa (Honomakau) • Nothing new to report. ❖ Upolu Airport-East end of the runway • We need to check if we can get a copy of the easement document from Larry Brown of the he planning department regarding Surety Kohala Corporation. • The previous owner that had easement agreement with the county. • Upolu Airport Area Restoration • We will need about 1,000 Naupaka plants • A work day is being planned for Sept 29. Water system and potting plants are being arranged. • The plants already in pots are getting tall and we may be able to take cuttings or trade .its. e for smaller plants • Keone will check on this. • Coast Guard Road • Nothing new to report. • Puakea Bay Ranch • A letter regarding realignment of the eroded trail along the cliff on Lot 41and not wait until the property has a new owner has been sent to the NK CDP Action Committee. • The letter will be on the NK CDP Action Committee agenda at their October meeting ❖ Ranch at Puakea • We are currently working on a trails &cultural sites map with property lines. • We will ask Ala Kaha Kai to help with a map overlay. ••• Kohala Kai • • We should pursue talks with State Highways about the parking lot for access trail. ••• Grant of easement documents • It is a work in progress. • Old government roads and rail roads • Nothing new to report • Ala Kaha Kai • Music & talk story gathering has been set for Sunday, October 21, 2012 • From 4:00 pm till 7:00 pm. on the front lawn of the old courthouse. • Fred Cachola&his committee are coordinating this event and will get out publicity. • NK CDP Action Committee Community Meeting • The community meeting will be held on Wednesday, September 12, 2012 at the Kohala Intergenerational Center(MC), starting at 5:30 pm. till 8:00 pm. • Ted and Toni will do a 2 minute presentation on the Access subcommittee. • Toni and Jack will set up a booth for interactions. • New Items • Richard Stevens will be speaking on ancient trails at the North Kohala Library.. • This will be held on September 10, 2012 at 6:30 pm • Next Meeting • Wednesday October 3, 2012,4:30pm in the Old Courthouse. • North Kohala Access Group Minutes Meeting Notes October 3,2012(Old Courthouse 4:30pm) Participants: Jack Hoyt,Faye Yates,Lisa Andrews,Toni Withington, Beth Robinson,Eric Batha,Joe Carvalho, Keane MacKillop,Ted Matsuda. •:'• Pololu • Akoakoa Point(Bird Cave) o This land is owned by Kamehameha Schools and Pono Pacific is applying for a grant from NOAA to do restoration. • Ocean Warriors will be doing shoreline restoration ❖ Hapu'u -Kapanaia • Hapu'u. o Coastline cleanup is ongoing. o All fencing around the Heiau and the pedestrian trails are complete. ❖ Kauhola Lighthouse • Trust for Public Lands(TPL)is compiling the community survey for analysis. + Ainakea • • Report from Larry Brown of the Planning Department o The Council did accept the easement. County lawyers are preparing petition for recordation with the Land Court. LC approval will likely take 3-6 months. ❖ Upolu Airport-East end of the runway • Report from Larry Brown of the Planning Department o We still do not have any easements over the EWM properties(TMKs 5-5-6:10 and 5- 5-7:2). ❖ Upolu Airport Area Restoration • A work day was held on September 29,2012 o They met and set up strategies and goals for this project • Strategies that groups can work on. • The water system ♦ Planting and repotting Naupaka ♦ Signage-Middle school students • Goals ♦ 1st year is to plant 1,000 Naupaka in the ground and have it watered initially to get it started. ♦ 2nd year is to plant Hala trees in the ground. 1 4► Cr • Coast Guard Road • Nothing new to report. ❖ Puakea Bay Ranch • A letter to the planning director regarding realignment of the eroded trail along the cliff on Lot 41 is on the agenda for the NK CDP Action Committee meeting on Monday October 8,2012. • Ranch at Puakea • Ongoing work of a trails&cultural sites map • It's our goal to get Richard Stevens trail study of this area on an overlay of a TMK map. ❖ Kohala Kai • Nothing new to report. ❖ Grant of easement documents • Representatives of our group want to set up a time to meet with Larry Brown of the planning department to go over Grants of Easements in North Kohala that are pending. • Old government roads and rail roads • Keoni is contacting landowners along Pratt Road to see if they are willing to get it opened. • Ala Kaha Kai • Music &talk story gathering has been set for Sunday,October 21, 2012 o From 4:00 pm till 7:00 pm.on the front lawn of the old courthouse. o We will check if the flyer is ready, we can send copies with the distributions of the meeting notes. ❖ NK CDP Action Committee Community Meeting • About 30 community member attended the meeting on Wednesday,September 12,2012 at the Kohala Intergenerational Center(KIC). o The action committee would like to cut the red tape on communications that slows their ability to be effective. ❖ New Items • There will be a rally regarding the PLDC (public land Development Corporation)on Monday, October 8th from 3:00 pm to 4:30 pm on the front lawn of the old courthouse. •••• Next Meeting • Wednesday November 7,2012,4:30pm in the Old Courthouse. 2 North Kohala Community Access Group 3 Meeting Notes November 7,2012(Old Courthouse 4:30pm) Participants: Jack.Hoyt,Joe Carvalho,Beth Robinson,Keone MacKillop,Eric Batha,Ted Matsuda. ❖ Pololu o Akoakoa Point(Bird Cave) ❖ Hapu'u—Kapanaia o Hapu*u. * Fence completed,Signage is being prepared. ❖ Kauhola Lighthouse o Nothing new report ••• Halelua o The Land Legacy Commission will meet in December to consider acquisition of agricultural and conservation easements from Vipassana. Ainakea o Nothing new report. • Upolu Airport-East end of the runway o Nothing new report ❖ Upolu Airport Area Restoration o The program will resume next year Coast Guard Road o Nothing new to report. • Puakea Bay Ranch o The letter regarding the realignment of the trail was sent to the planning director from the action committee and a report will be presented on the November 26th meeting of the action committee. ❖ Ranch at Puakea o Ongoing work of a trails&cultural sites map o We should make an announcement to have residents with burial Iwi documents to our meetings so that we can pass it on to the action committee to have it submitted to the planning department. •3 Kohala Kai c We should consider a safer trail from the parking lot to the pedestrian trail. + Grant of easement documents o Representatives of our group will meet with Larry Brown of the planning department to go over Grants of Easements in North Kohala that are pending. Page 1 of 2 •;• Old government roads and rail roads o Keoni is working on a petition to open Pratt road for emergency and pedestrian access. o They are also actively talking to landowners along Pratt road to consider this access. •'• New Items • o Amendments for the minimum 2%land purchase and the 1/2% access maintenance passed in the recent elections. o Kaiholena • The National Park Service Ala Kaha Kai has a right-of-entry(ROE)for Kaiholena and wants to start planning for the area's management. • We may want to get an article in the Kohala Mountain News to ask families with ties to Kaiholena to come and meet to talk about the cultural aspects of the area. o Latitude 20(Land south of Pao`o) • This property(tmk 3-5-7-1-20)with 35.3 acres is on the market for$3.9 million. • We'll put it on our next meeting's agenda to discuss getting it on the acquisition list. • Next Meeting o Wednesday December 5, 2012,4:30pm in the Old Courthouse. C Page 2 of 2 North Kohala Community Access Group Meeting Notes December 5,2012 (Old Courthouse 4:30pm) Participants: Jack Hoyt, Dennis Camblin,Aric Arakaki, Toni Withington, Ralph Galan, Joe Carvalho, Ted Matsuda. ❖ Akoakao Pint (Bird Cave) o Nothing new to report ••• Hapu'u—Kapanaia • o Nothing new to report ❖ Kauhola Lighthouse o Nothing new report • Halelua o The Land Legacy Commission will meet in this month to consider partial funding for acquisition of agricultural and conservation easements from Vipassana. • Hawaii Island Land Trust would be the overall steward of the agricultural and conservations easements, and the Land owners (Vipassana)would still hold title. ❖ Upolu Airport-East end of the runway o There is a parcel of State land between the east end of the airport and Hoea Road. • We should contact someone who knows about this area and try to get and easement. • Upolu Airport Area Restoration o Nothing new report ❖ Coast Guard Road o Nothing new to report. ❖ Puakea Bay Ranch o The letter regarding the realignment of the trail was sent to the action committee and was approved but is stuck at the action committee level for amendment. • The letter was supposed to be sent from the Action Committee to the Planning Director, and on to the Department of Land&Natural Resources. ❖ Ranch at Puakea o Nothing new to report. ❖ Latitude 20 (Land south of Pao'o) o Nothing new to report •:. Kohala Kai o Nothing new to report Page 1 of 1 ❖ Grant of easement documents o Representatives of our group met with Larry Brown of the planning department to go over Grants of Easements in North Kohala that are pending. • We should work on getting these easements open. • New Moon-between Kauhola and Ainakea(Charlie Anderson) • Charlie Anderson-Ainakea • Pu'uepa-Upolu by Mo'okini Heiau o We should make a list of areas that we don't have grants of easements and would like to get an easement when landowners go to the county for permits. ❖ Old government roads and rail roads o The National Park Service-Ala Kahakai has an old railroad study. ❖ New Items o Kaiholena • The Ala Kaha Kai Trail Association has a grant agreement with DLNR for acquisition for Kaiholena, but needs more funding. • We should get an article for the Kohala Mountain News' December issue asking families with ties to Kaiholena and other coastal areas of North Kohala to come and meet to talk about the cultural aspects and stewardship of the area. ❖ Next Meeting o Wednesday January 9, 2013,4:30pm in the Old Courthouse. Page 2 of 2 North Kohala Community Access Group Meeting Notes January 9,2013(Old Courthouse 4:30pm) Participants: Toni Withington, Keone Mackillop,Aric Arakaki.Jack Hoyt, Beth Robinson,Joe Carvalho,Ted Matsuda. ❖ Akoakao Pint(Bird Cave) > Nothing new to report •: Hapu'u—Kapanaia > There was vandalism done to gates on Pratt Road in Halawa by the Kapanaia area. d• Kauhola Lighthouse y There is ongoing public input taken for stewardship. + Halelua Y Hawaii Island Land Trust will do a site visit sometime soon. • Upolu Airport-East end of the runway Y There is a parcel of State land between the east end of the airport and Hoea Road. • We should find out to confirm if the state owns property west of Hoea Flats. • Upolu Airport Area Restoration > Nothing new report •: Coast Guard Road • Nothing new to report. 0 •r Puakea Bay Ranch > The letter regarding the realignment of the trail was sent to Mr.Aila(the DLNR Director) via the County Planning Director. ❖ Ranch at Puakea > Nothing new to report. ❖ Latitude 20(Land south of Pao'o) Is still listed for sale • Kohala Kai. We would like to have an update construction •• Grant of easement documents y We will make a list for reference. + Old government roads and rail roads ➢ Nothing new to report. ❖ New Items • Pahoa ✓ The old Mohamadi property has been sold • Kaiholena(south) The Dorrance Family Foundation has donated$50k. y More funds will have to be made. •: Next Meeting y Wednesday February 6,2013,4:30pm in the Old Bank of Hawaii Building. 0 North Kohala Community Access Group Meeting Notes February 6, 2013 (Old Bank of Hawaii 4:30pm) Participants: Joe Carvalho, Rick Gmirkin, Keone Mackillop, Ralph Galan, Beth Robinson, Toni Withington, Charlie Anderson, Eric Batha, Ted Matsuda. ➢ Akoakoa Pint (Bird Cave) ❖ Nothing new to report ➢ Hapu'u—Kapanaia ❖ There was vandalism done to Hale 0'Ka'ili. • A white and a red ATV were spotted in the area ❖ The owner will report vandalism to the Police Department and to the SHPD (State Historic Preservation Division) ❖ We will send an article to the newspaper about this vandalism. ➢ Kauhola Lighthouse ❖ The public input on stewardship is being compiled. ➢ Halelua ❖ Hawaii Island Land Trust did a site visit with its new leader. ❖ Hawaii Island Land Trust- Big Island Advisory Council have compiled a list of Iconic land purchase from areas of Nuilii to Mahukona. ➢ Upolu Airport-East end of the runway ❖ There is a parcel of State land between the east end of the airport and Hoea Road. • There is someone who is in the early stages of proposing a Bio farm. ➢ Upolu Airport Area Restoration ❖ There will be a workday on March 2nd at 7:30 am. • Charlie will donate the mulch and dirt. • Ted will donate the pallets. • Keone will provide naupaka cuttings ❖ The road makai of the airport is in the process of being flagged. ➢ Coast Guard Road ❖ Nothing new to report. ➢ Puakea Bay Ranch ❖ Trail re-alignment wouldn't be necessary right now because the trail still could be used with a little cleaning and a small portion will need to be re-surveyed ❖ We need to keep the old agreement. • It has a clause for re-alignment mauka of the residcncc the existing makai trail if the front erodes and is not useable. ➢ Ranch at Puakea ❖ Received map from Rick with TMK parcels overlaid with map done by Richard Stevens with ancient trails of this area. ➢ Latitude 20 (Land south of Pao'o) ❖ Is still listed for sale Page 1 of 1 ➢ Kaiholena ❖ South lots D & E are in escrow • Public-Private purchase is being done by EWM, County of Hawaii and the State of Hawaii. ❖ Lot F is being pursued for public purchase by the Ala Kaha Kai Trail Association and the State Land Legacy. ➢ Kohala Kai. ❖ Will soon record the grants of easement with the county. ➢ Grant of easement documents ❖ A working map is being compiled with color coding. • It has codes for access that is already approved, approved but not surveyed, and identifies parcels that don't have public access. ➢ Old government roads and rail roads ••• Nothing new to report. ➢ New Items ❖ We will address the access on the old Mohammadi place as Pahoa gulch. • We should get some kind of community education about the removal of rocks from public lands for commercial Rockwall building. • Public Access • Publicity should be ongoing on access approved by county with rules posted. • May be we could get neighborhood or garage meetings for specific areas. ➢ Next Meeting ❖ Wednesday March 6, 2013, 4:30pm in the Old Bank of Hawaii Building. Page 2 of 2 North Kohala Community Access Group Meeting Notes March 6,2013 (Old Bank of Hawaii 4:30pm) Participants: Joe Carvalho, Toni Withington, Jack Hoyt, Beth Robinson, Jana Bogs, Ted Matsuda. ➢ Akoakoa Pint (Bird Cave) ••• Nothing new to report ➢ Hapu'u—Kapanaia ❖ Pacific Plains, LLC has filed a letter of intent(for conservation, preservation and open space) with the County of Hawaii Public Access, Open Space &Natural Resources Commission. ❖ We should approach the other 2 landowners if they would consider filing a letter of intent. ➢ Kauhola Lighthouse ••• Nothing new to report ➢ Halelua + Nothing new to report ➢ Pahoa Beach ❖ We'll contact the attorney for the owner of the mauka parcel about access issues. ➢ Upolu Airport-East end of the runway • Nothing new to report ➢ Upolu Airport Area Restoration ❖ A work day was held on Saturday, March 2nd. • They prepared about 600 grow pots with soil for planting and planted about 200 of those pots with Naupaka cuttings. ❖ Sign are being designed by Kohala Middle School students • Kohala Lihikai will be donating supplies for the signs. ➢ Coast Guard Road • HILT is doing an Iconic lands list and its Big Island Council approved the list for Mahukona, Hapu'u to Kapanaia,Nuilii and Puakea. • The old coast guard road(33 acres of Parker Foundation Trust) is part of the Puakea listing. ➢ Puakea Bay Ranch • Nothing new to report ➢ Latitude 20 (Land south of Pao'o) ❖ We'll send a letter of information on that property to the owner and realtor. ➢ Kaiholena • Nothing new to report ➢ Kohala Kai. + Nothing new to report ➢ Grant of easement documents • Ongoing work on maps with Ala Kaha Kai to create layers. ➢ Old government roads and rail roads + Nothing new to report. ➢ New Items ❖ We'll update the coastal property database. ❖ We approved our goals for 2013 to be submitted to the action committee. ➢ Next Meeting ❖ Wednesday April 3, 2013,4:30pm in the Old Bank of Hawaii Building. Page 1 of 1 North Kohala Community Access Group Meeting Notes April 3,2013(Old Bank of Hawaii 4:30pm) Participants: Beth Robinson, Keane Mackillop,Toni Withington, David Blair,Jack Hoyt. Rick Gmirkin, Margaret Wille,Bobby Glory,Joe Carvalho,Ted Matsuda. ✓ Akoakoa Pint(Bird Cave) + Nothing new to report r Hapu'u—Kapanaia ❖ We have sent Misty Kai some information on the list of parcels(which their property is a part of) on the PONC and asked if they would like to submit a letter of intent ❖ Pacific Plains,LLC,through Robert Milbank,Jr.,Trustee in the Bankruptcy of Pacific Plains, LLC, has executed a Grant of Public Access Easements.The GOE has been signed by the Mayor and a resolution has been forwarded to the County Council for acceptance of the Public Access Easements. • Should be on the Council agenda for March 20. ✓ Kauhola Lighthouse ❖ There will be an informational meeting on the ideas that were gathered for the management plan on April 16, 2013. • It will be held at the Kohala Intergenerational Center from 6:30 to 8:30 ➢ Halelua + Nothing new to report y Pahoa Beach + The new owners are an investment group from California. • They will clean up the beach area of rubbish. • They will remodel the existing house and plan to sell it. • They have submitted a permit to the county for remodeling. • We need to research where the legal public access is located. • Once the legal access is established, we can get a solution with the landowners and the community for a reasonable access. • Upolu Airport-East end of the runway + Nothing new to report • Upolu Airport Area Restoration • There is about 400 Naupaka cuttings planted in pots. + 3 Sign have been sketched by Kohala Middle School students • There are some local artists led by Malia Welsh who will help the students with enlarging and coloring the sketches. • Kim Sweeny may help the students with the lettering. Page 1 of 2 tk•► Coast Guard Road ❖ HILT is doing an Iconic lands list and its Big Island Council approved the list for Mahukona, Hapu'u to Kapanaia, Nuilii and Puakea. • The old coast guard road and shoreline parking area(33 acres of Parker Foundation Trust)is pact-of the Puakea listing. Puakea Bay Ranch ❖ There was a site visit with the following personnel. • State Na Ala Hele(Clem Chang and Nelson) • County of Hawaii Planning Department(Larry Brown) • Corporation Counsel Office(Chris Brillante) • Ala Kaha Kai NSP(Rick Gmirkin) • Pua Kea Bay Ranch Homeowners President(Rosemarie Oares) • 7 members of the community ❖ The Mauka public access trail (which is granted by the county) was illegally closed. • We want the county to clean and open that trail. ❖ There was strong community input to move the Na Ala Hele trail (the State trail on the ocean side of the existing residence)back about 20' mauka. • They could do a re-survey. ❖ Ala Kahn Kai NPS will do some research on the liability issue if they and perhaps Kohala Lihikai were to accept a portion of the trail Ranch at Puakea • Bobby Glory manages the property and will put in an easy entry gate with a Public Shoreline Access sign on the lateral access trail. 'Nifty >. Latitude 20(Land south of Pao'o) • We'll invite the landowner to our next month's meeting. Kaiholena ❖ Ala Kaha Kai Trail Association is still seeking funding to purchase the Kaiholena South property. Kohala Kai. ❖ A draft Shoreline Public Access Plan and draft Grant of Public Access Easements document were submitted and reviewed by the Planning Dept. and Corp. Counsel. While both documents were generally acceptable, certain technical corrections were pointed out for correction before execution. Grant of easement documents • Ongoing work on maps with Ala Kaha Kai to create layers. Y Old government roads and rail roads ❖ Nothing new to report. New Items ❖ We've update the coastal property database. • It can be viewed on the web on Google Drive. • https://drive.google.com/?tab=wo&authuser=0#my-drive Next Meeting ❖ Wednesday May 1, 2013,4:30pm in the Old Bank of Hawaii Building. Page 2 of 2 North Kohala Community Access Group Meeting Notes May 1,2013 (Old Bank of Hawaii 4:30pm) Participants: Joe Carvalho, Faye Yates, Jack Hoyt, Keone Mackillop, Keith Wallis, Rick Gmirkin, Charlie Anderson, Ted Matsuda. ➢ Akoakoa Pint(Bird Cave) ❖ Nothing new to report ➢ Hapu'u—Kapanaia • Nothing new to report ➢ Kauhola Lighthouse ❖ There was an informational meeting for the management plan on April 16,2013. • There were about 40 people in attendance • TPL presented the 1st draft of the management plan. • The 2 hour power point presentation covered the 40 page draft • There will be updates in the near future. ➢ Halelua • Nothing new to report ➢ Pahoa Beach ❖ We need to follow up on researching where the legal public access is located. ➢ Upolu Airport-East end of the runway ❖ The landowners have a revised access plan that will need further discussion • We need an update from the Planning Department(Larry Brown) ➢ Upolu Airport Area Restoration • Will need to layout irrigation plan. • June 1st is National Trails Day. ➢ Coast Guard Road • Nothing new to report ➢ Puakea Bay Ranch ❖ The Mauka public access trail(which is granted by the county)was extinguished so there is no access. ❖ We will need to work on the Makai lateral access. ➢ Ranch at Puakea ❖ Landowners will need to confirm legal access before they put in an easy entry gate with a Public Shoreline Access sign on the lateral access trail. ➢ Latitude 20(Land south of Pao'o) • Nothing new to report ➢ Kaiholena ❖ The public purchase of Lot D&E should be closing by the end of May. ❖ Ala Kaha Kai Trail Association is still seeking funding to purchase the Kaiholena South property. ❖ Kohala Lihikai has written to Parks and Rec. Dept. offering help in setting up the stewardship grant program using the 1/4%Open Space Fund. ➢ Kohala Kai. ❖ A draft Shoreline Public Access Plan and draft Grant of Public Access Easements document is still being reviewed by the Planning Dept. and Corp. Counsel. ➢ Grant of easement documents • Ongoing work on maps with Ala Kaha Kai to create layers. ➢ Old government roads and rail roads • Nothing new to report. ➢ New Items • Nothing new to report ➢ Next Meeting ❖ Wednesday June 5,2013,4:30pm in the Old Bank of Hawaii Building. Page 1 of 1 North Kohala Community Access Group Meeting Notes June 5,2013(Old Bank of Hawaii 4:30pm) %kr Participants: Joe Carvalho,Aric Arakaki,Jack Hoyt, Beth Robinson, Ralph Galan,Ted Matsuda. ▪ Akoakoa Pint(Bird Cave) s• NSTR(Nothing Significant to Report) • Hapu'u—Kapanaia + Pacific Plains,LLC has done a preliminary archeological report. ➢ Kauhola Lighthouse • We are waiting for a preliminary management plan report. • Halelua The landowners are applying for an extension on the special permit for the retreat center. Y Pahoa Beach + The legal easement is between lot 4 and lot 5. • The most convenient easement would be with the owners of lot 4. `w Upolu Airport-East end of the runway • We need an update from the Planning Department(Larry Brown) • We should ask for controlled access thru the gate is ensured in writing. • Upolu Airport Area Restoration • We had about 20 people show up for on June 151 National Trails Day. • A portable irrigation system is set up on a trailer. ▪ Coast Guard Road + NSTR • Puakea Bay Ranch • We should get the government agencies and the public to move the Makai lateral access.to make it safer Y Ranch at Puakea • NSTR ▪ Latitude 20(Land south of Panto) ''" We should try to contact the owners and invite them one of our meetings. Kaiholena Ala Kaha Kai Trail Association is still seeking about$50,000 to purchase the Kaiholena South property. • The Land Legacy has donated$1.4 million,and the Dorrance foundation has donated$50,000. • Kohala Kai. • We need an update from the Planning Department(Larry Brown).on the draft Shoreline Public Access Plan and draft Grant of Public Access Easements document. • Grant of easement documents • NSTR • Old government roads and rail roads • We need and update on PONC and the process. • We'll invite Gail Byrne to our next meeting to provide information to us. • New Items NSTR ➢ Next Meeting + Wednesday July 3,2013,4:30pm in the Old Bank of Hawaii Building. Page 1 of 1 North Kohala Community Access Group Meeting Notes July 3,2013 (Old Courthouse 4:30pm) Participants: Joe Carvalho, Bruce Soll, Linda Soll, Aric Arakaki, Toni Withington, Jack Hoyt, Charlie Anderson, Ted Matsuda. ➢ Akoakoa Pint(Bird Cave) ❖ NSTR(Nothing Significant to Report) ➢ Hapu'u—Kapanaia ❖ Pacific Plains, LLC is seeking public input on their preservation plan. • Pacific Plains,LLC has submitted a letter of intent. ❖ The Hapu'u to Kapanaia Cultural Corridor has been re-nominated to PONC. ➢ Kauhola Lighthouse • The preliminary management plan comment period deadline was Sunday,June 29,2013. • Another public meeting on the finalized plan will be scheduled by Trust for Public Land this summer. ➢ Halelua ❖ The landowners have been granted a 5 year extension on the special permit for the retreat center. ❖ We need to get Larry Brown of the planning department to come out here and walk the lateral trail. ➢ Pahoa Beach • NSTR. ➢ Upolu Airport-East end of the runway • The county needs to resolve some issues and record the access. • We need an update from the Planning Department(Larry Brown) ➢ Upolu Airport Area Restoration • Soil abatement project has begun. • Kohala Middle School students will work on interpative signs starting in the fall. ➢ Coast Guard Road • Hawaii Island Land Trust(HILT)is naming the Parker Ranch property(Honoipu)as one of its Iconic Lands for preservation. ➢ Puakea Bay Ranch ❖ We'll set up a meeting with government agencies about the Makai lateral access. ➢ Ranch at Puakea ❖ NSTR ➢ Latitude 20 (Land south of Pao'o) ❖ Lamaloloa has been nominated to PONC. • Preservation would provide a fully public trail between Mahukona and Kaupalaoa,almost a 6 mile stretch. ➢ Kaiholena ❖ Lots D& E has closed escrow and now belongs to the County of Hawaii. • Kohala Lihikai will approach the county to be stewards of the land. ❖ Ala Kaha Kai Trail Association is still seeking to raise about$100,000 to to finish the$1.6 million purchase the Kaiholena South property(Lot F)with the help of the State Legacy Land Fund. ➢ Kohala Kai. ❖ The access plan is being recorded by the Bureau of conveyances • It includes Land court. ➢ Grant of easement documents • NSTR ➢ Old government roads and rail roads • NSTR ➢ New Items ❖ Honopueo association is having problems with theft ➢ Next Meeting Page 1 of 1 ❖ Wednesday August 7,2013,4:30pm in the Old courthouse. Page 2 of 2 North Kohala Community Access Group ' Meeting Notes August 7,2013 (Old Courthouse 4:30pm) Participants: Jack Hoyt, Keone MacKillop, Beth Robinson, Ralph Galan, Keith Wallis,Joe Carvaiho, Rick Gmirkin, Mike Isaacs, Charlie Anderson,Toni Withington, Luke Mead, Larry Brown,Ted Matsuda. > Akoakoa Point(Bird Cave) We should get an update from a Kamehameha Schools representative • Joe will make contact. • Hapu'u—Kapanaia Pacific Plains, LLC is met with some community members to get input on their preservation plan for Kapalama Heiau. • Pacific Plains, LLC stated that they will preserve Kapalama Heiau and still let fishermen access the ocean. , e • We'll invite a representative and their archeologist to o �xt month's meeting. • Halelua d f •:• The draft grant of easements from Vispassana has been submitte ',+ he county planning department for review.The Planning Dept.will send us a copy to review. t • The county's next step is to ensure that the drift meetfthe access agreement of the previous owners (Surety Kohala)and the county. • Larry Brown from the county planning department Walked the trail and needs to decide if it will stay where it is. 0, ':; • The fishermen's trail that is being e•}� •ule kept. • Any input from the community on the i ea iient can be conveyed directly to the planning department. , _''4+ �� • The 50 acre oceanfront*el" 'el of , 255 a es property is a conservation easement.The mauka parcels will be subject „ gricu ,: tints. > Kauhola Lighthouse i °. • Trust for Public La �t�k ai Kamakani 0 Kohala are working on a draft management plan and should be done ktem..� ' „ • Another ptiik meeting ;Jf be scheduled to review this management plan. > Pahoa Beach `. hix' •:• The 2 landowners h4, p cjng parcel consolidation and resubdivision with the county • The owners need t $knfigure the property lines • This will affect the lateral access. • The planning department will send us a draft map. > Upolu Airport-East end of the runway ❖ The landowners have presented a draft grant of easement to the county planning department ❖ The Planning Dept. will send us a copy. • Upolu Airport Area Restoration ❖ NSTR(Nothing Significant to Report) > Coast Guard Road • The United States Department of Interior owns the road • The federal parks land grant has a problem with making the road open to the general public only because it might open adjoining land owners to development or subdivision. iiPag • Puakea Bay Ranch The mauka trail has been extinguished. • How can we have the county better communicate with the community prior to extinguishing access trails. • We need to work with State of Hawaii Na Ala Hele and the federal Ala Kahakai to open the makai trail. • Ranch at Puakea • NSTR :- Latitude 20(Land south of Pao'o) •:• NSTR • Kaiholena • NSTR Kohala Kai. • The county council postponed approval of their public access plan.. • How can we move forward to get an acceptable access plan. • We will meet with the landowner's representative and other community members for a walk of the access trials and see if we can work out a solution with a facilitator. • Na Ala Hele, Ala Kahakai,County planning department,NK community access group, councilwoman Wille, NK CDP action committee, Kailapa(Kawaihae Hawaiian homes association), E Mau Na ala Hele. > Grant of easement documents ❖ NSTR > Old government roads and rail roads NSTR > New Items • Mike will meet with councilwoman Margret Wille to help start talking about setting up a process on ,t* public access issues. > Next Meeting •:• Wednesday September 4, 2013,4:30pm in the Old courthouse. 4, 96; 71":4. a 2 � ! North Kohala Community Access Group Meeting Notes September 4,2013(Old Courthouse 4:30pm) Participants: Keith Wallis, Alan Haun, Beth Robinson, Carol Fuertes, Aric Arakaki, Margot McFedries, Ralph Galan, Charlie Anderson, Keone MacKillop, Joe Carvalho, Ted Matsuda. • Akoakoa Point(Bird Cave) ➢ Eldridge Naboa,coordinator for Pono Pacific contracting for Kamehameha schools reported they are cleaning up the area and have started on planting native plants. More updates coming at a later date. • Hapu'u—Kapanaia ➢ Pacific Plains,LLC has hired Alan Haun to do a preservation plan for Kapalama Heiau. • Alan has already made a draft of the preservation plan. • Carol Fuertes of Kahua Pa'a Mua,Inc. a 501(c)(3)non-profit formed with the purpose"To enhance communities through economic,conservation/preservation, social and educational programs for youth and adults",presented our group with the idea of them applying for a grant to help execute the preservation plan. • Kapalama Heiau is located on 2 different properties. • Carol has already got the okay from landowner Pacific Plains,LLC and will approach the other landowner,Misty Kai,LLC if they would be interested in participating in this grant. • It seems that the Preservation Plan should be done before any work can be done on Kapalama Heiau. • There may be a need to obtain the necessary permits from the State Historical Preservation and the county. • Our group may want to write a letter of Misty Kai,LLC supporting the idea of a grant to 3 preserve Kapalama Heiau and ask their participation. Halelua • ➢ NSTR(Nothing Significant to Report) • Kauhola Lighthouse ➢ NSTR • Pahoa Beach ➢ The 2 landowners have a pending parcel consolidation and re-subdivision with the county to move the property lines. • The process has been delayed for about 60 days. • Upolu Airport-East end of the runway ➢ Surety Kohala Corporation has an easement thru this property. • Charlie will set up a meeting with Surety and other community members to discuss this situation. ❖ Upolu Airport Area Restoration ➢ NSTR • Coast Guard Road ➢ NSTR • Puakea Bay Ranch ➢ NSTR • Ranch at Puakea ➢ NSTR Page I 1 • Latitude 20(Land south of Pao o) ❖ NSTR Kaiholena ➢ The county has funding thru the Finance Department to work on a plan for this area. ➢ Ala Kaha Kai also has a ROE(right of entry)on this property. ➢ Lot F-Ala Kaha Kai Trail Association is applying for a$100,000 grant to obtain the remaining monies to purchase this lot for public use. ••• Kohala Kai. • ➢ We will draft a letter of recommendation on the public access plan to be presented to the Action committee at their next meeting on Monday, September 9th. • We will recommend that we continue to work with the landowners on the option of keeping the Ala Loa open. • Charlie will approach the landowner and his legal team on options of keeping the Ala Loa open. • Discussion on other issues that may not be of critical concern. • Mauka-makai pedestrian trail could be improved for walking. • Parking lot for 3 vehicles may not be enough stalls. • Safety of walking on the highway from the parking lot to the mauka-makai trail. ❖ Grant of easement documents ➢ NSTR ❖ Old government roads and rail roads ➢ NSTR • New Items ➢ NSTR • Next Meeting ➢ Wednesday October 2,2013,4:30pm in the Old courthouse. Page 2 North Kohala Community Access Group Meeting Notes CI October 2,2013 (Old Courthouse 4:30pm) Participants: Ralph Galan, Beth Robinson, Jack Hoyt, Marlene Ching,Toni Withington, Carol Fuertes, Keith Wallis, Bruce Soll, Linda Soll, Charlie Anderson,Joe Carvalho, Ted Matsuda. ❖ Akoakoa Point(Bird Cave) ➢ NSTR(Nothing Significant to Report) ❖ Hapu'u—Kapanaia D. Pacific Plains,LLC is proceeding with the preservation plan for Kapalama Heiau. • The preservation plan is in draft form and available for public comment. • We'll draft a letter to Alan Haun(the archeologist),in support of the preservation plan. • Carol Fuertes of Kahua Pa'a Mua,Inc.could not meet the deadline for the grant application to help execute the preservation plan. • There were technicalities with new information on the preservation plan. • Carol will keep collecting all information needed to apply for a future grant. • Halelua D. The landowners are still deciding on easements ❖ Kauhola Lighthouse ➢ There will be a meeting this fall on the management plan. • Pahoa Beach • ➢ NSTR ❖ Upolu Airport-East end of the runway ➢ We will do a walk thru with Charlie or Dave on Wednesday,October 9th at 4:30. ❖ Upolu Airport Area Restoration ➢ NSTR • Coast Guard Road ➢ Jack will help with getting the landowners and government agencies together after the beginning of January 2014. ❖ Puakea Bay Ranch ➢ National park service-Ala Kahakai will get the landowners and government agencies to meet and address the access trail. • Ranch at Puakea ➢ NSTR ❖ Latitude 20(Land south of Pao'o) ➢ We will address this area as Lamaloloa,the official name of the ahupua'a. • Lamaloloa has been nominated to the PONC • We will try again to meet with the landowners. ••• Kaiholena and Pao'o ➢ Kohala Lihikai will be applying to manage the newly acquired public land. •:• Kohala Kai. ➢ The access plan is at the county council for approval. ➢ We need to get an update from the planning department. ❖ Grant of easement documents ➢ The draft database is done and will need to update the GIS map. • Old government roads and rail roads ➢ The water,parks, &road subcommittee of the North Kohala Community Development Plan Action Committee will meet with landowners of Pratt Road to discuss access. ❖ New Items ➢ North Kohala Community Development Plan Action Committee has 3 openings and is asking the public to apply and get involved. ❖ Next Meeting ➢ Wednesday November 6,2013,4:30pm in the Old courthouse. North Kohala Community Access Group Meeting Notes November 6,2013 (Old Courthouse 4:30pm) Participants: Roslind Newlon, Toni Withington, Beth Robinson, Deanne B. (planning department), Keith Wallis, Lucy Pasco, Carlynn Ann Pasco, Marlene Ching, Harry Ching, Jack Hoyt, Larry Brown,Luke Mead, Beth Robinson, Jojo Tanimoto, Deborah Chang, Diane Kanealu, Jean Lai, Mana Kanealu, Charlie Anderson, Aric Arakaki. Patricia Tummons, Ty Knudson, Joe Carvalho, Duane Kanuha, William Brilhante, (Attorney from planning department), Ted Matsuda. ❖ Akoakoa Point(Bird Cave) D. Aldridge will give a walk thru on the project. • Joe will arrange with Aldridge. ❖ Hapu'u—Kapanaia ➢ Pacific Plains,LLC is having the trustee do a site visit in December. • We drafted and will send a letter to Alan Haun(the archeologist), and the State Historical Preservation Division supporting the preservation plan for Kapalama Heiau. ❖ Halelua D. The landowners decided not to pursue the ocean front lands for conservation easements. ➢ We should get a copy of the letter from the Planning Department concerning the lateral trail. Letter and draft GOE are attached to email. ❖ Kauhola Lighthouse D. The Trust for Public Lands will meet sometime soon with the community to discuss the management plan. • Pahoa Beach ➢ NSTR(Nothing Significant to Report) ❖ Upolu Airport-East end of the runway ➢ We did a walk thru with Dave Richardson(representative of EWM Enterprises LP),on Wednesday,October 9th. • The parking lot is about 50' x 50' and the mauka-makai easement weren't marked or cleared. • The agreement between the landowner and the county doesn't include markers • The county and EWM have agreed to put up signage with a map showing the trail. • The county will be responsible for signage on the main road. ➢ Old road running East—West above Upolu Airport was used for generations. • The county doesn't have a map showing it as a government road. • We should research if there is any legal document showing this as a roadway. D. Next Steps • The county should consider a safe location for the lateral trail. • County planning department stated that in an earlier walk thru years ago,the county and the landowners agreed that the lateral trail should be on the vegetation line. • The landowners had the access trails marked. ????(I didn't see any marks) Trail never staked to my knowledge—LB • The county should reconcile the Land Court and the Plat maps so they show the same boundary markers and the trails markers This is typically done on the Composite Final Subdivision Plat Map. Tax Maps serve as composite map showing new easements after they have been recorded. • According to the access agreement,the landowner doesn't have to construct the trails. • The county doesn't have the monies to construct the trails. • The grant of easement document has been signed by the Mayor and is ready to go to the county council for approval. • We need to have a better communication between the community,landowners, county, state,and federal governments. • Other questions asked. Page 1of2 • Is there a state law requiring mauka-makai access? See Chapters 46-6.5 and 115,HRS (Hyperlinks) • The requirement of no improvements,the shoreline setback, is 40' from the high water mark No development/improvements, including trail construction,is allowed within the Shoreline Setback Area without prior approval from either the Planning Director or Planning Commission. It depends on what the possible impacts are and the nature of the development/improvements what permission is required. • Upolu Airport Area Restoration ➢ NSTR ❖ Coast Guard Road ➢ NSTR ❖ Puakea Bay Ranch ➢ NSTR + Ranch at Puakea ➢ NSTR ❖ Latitude 20(Land south of Pao'o) ➢ NSTR ❖ Kaiholena and Pao'o ➢ NSTR • Kohala Kai. ➢ The grant of easement(GOE)document has been postponed from the County Council finance committee. • The GOE document will be taken up at their next meeting on November 19,2013 • Any one may sign up to testify at the new videoconferencing at the old Bank of Hawaii building.. • The landowner said in a letter to Planning that he doesn't want to change anything in their GOE document. • Members of the community want to keep the Ala Loa for historic significance. • Community members cited the North Kohala Community Development Plan as stating that public access trails be along the Ala Loa or traditional fishing trails where possible. • The landowner was given the opportunity to amend the GOE document. • They state that the Ala Loa doesn't exist on paper and they have the document from the state giving it up years ago.Per D. Chang,member of the Na Ala Hele Advisory Council:Na Ala Hele's abstractor studied the Ala Loa in this property and found that the Territory of Hi.gave up its rights to the Ala Loa in this particular area in 1938. This means that the state cannot claim ownership over the Ala Loa in the Kohala Kai property today. It is important to remember that this does not mean that the state is saying that the Ala Loa no longer exists as a historic trail in Kohala Kai's property. ➢ Charlie will get us the documents. • Several community members commented that the Ala Loa still exists on the ground • A few miles north the Ala Loa,the existing jeep road,is listed as a historical trail on another landowner's access plan.Per D. Chang: This is mentioned in contrast to what happened with the Ala Loa in Kohala Kai.This example shows how the Ala Loa further north in Ki'iokalani has been treated very differently. In that property the state was able to claim ownership over the Ala Loa,and the Ala Loa(in the form of the jeep road)was given a historic site number. • The GOE is a condition of subdivision approval,which is pending for 11 lots.The pending subdivision approval is for 5 lots on TMK: 5-9-17:07. ••• Grant of easement documents ➢ NSTR ❖ Old government roads and rail roads ➢ NSTR ❖ New Items ➢ Larry Brown sent another Public Access Plan, this for Pono von Holt's land in Kiiokalani ahupua'a. Will be on the agenda next month. ❖ Next Meeting ➢ Wednesday December 4,2013,4:30pm in the Old courthouse. Page 2 of 2 12b NORTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MINUTES MEETING DATE October 10, 2011 TIME 4:31 p.m. PLACE North Kohala Senior Center (the old courthouse) 54-3900 Akoni Pule Highway, Kohala, HI 96755 ATTENDANCE Members Present: Joe Carvalho, Marlene Ching, Hermann Fernandez, Susan Fischer, Collin Kaholo, Richard Liebmann Excused: Ron Friman, Giovanna Gherardi, Bob Martin Planning Department: Rosalind Newton Public Attendance: Lynda Wallach, P. Sullivan, A. Hartley, George Robertson, Toni Withington, Jerry Haber STATEMENTS FROM THE PUBLIC: George Robertson, resident of Waialea Bay and representative of the Puako Community Association, spoke in support of redistricting map 40, instead of map 17 which included Puako with North Kona. ADMINISTRATIVE MATTERS 1. APPROVAL OF MINUTES Approval of the September 12 minutes was deferred for clarification that the Harrison project received a letter with conditions. 2. RECRUITMENT OF NKCDP AC MEMBERS Three interviews are scheduled for the morning of November 17. REPORTS: 1) REDISTRICTING REPORT Joe Carvalho, NKCDP Chair and Redistricting Commissioner, reported on the redistricting progress and upcoming public meetings. 2) LAND USE PERMIT ACTIVITY REPORT Rosalind Newton, NKCDP Project Manager reported on Planning Department permits received in the previous month for the North Kohala district. The Harrison project reduced the number of lots from 7 to 5. Chapter 34 requires public access for 6 lots or more. NEW BUSINESS: 3) SUBCOMMITTEE GOALS AND WORKPLANS The AC reviewed the goals, objectives and work plans of the Subcommittees for 2011-2012. 4) IMPLEMENTATION OF THE NKCDP The AC reviewed the Implementation Matrix, Section 5.3 of Chapter 5 of the NKCDP. Hermann made a motion for the Chairman to work with each subcommittee to review an annual goal summary. Motion was seconded by Richard and unanimously passed. 5) OPEN OCEAN AQUACULTURE SUBCOMMITTEE The Subcommittee reported on findings and progress on an AC recommendation to the Planning Director. OLD BUSINESS: EXHIBIT 12b Kohala Kai North Kohala CDP Action Committee Minutes 6) NKCDP Subcommittee Reports Growth Management: October 3 meeting. No decision yet from the Planning Department on the Harrison variance. Reviewed the plan approval for the Hawaii Insight Meditation Center. Reviewed a successful B&B use permit approved by the Planning Commission to familiarize subcommittee members with the kind of information that is available and what issues are important in these applications. Finalized rules and procedures for the subcommittee to receive application information, review if application conforms to the NKCDP, determine if any objections, and disseminate information to local groups to keep the community updated on land use changes in Kohala. Next meeting on Monday November 7, from 6 to 7 p.m. at the Surety office in Hawi. Public Access: October 5 meeting. Grant of easement documents review by County Planner Larry Brown. Also reviewed - Ainakea, Pahoa, Hoea, Upolu, Mookini Heiau, Coast Guard Road, Puakea Bay Ranch, Ranch at Puakea and lands to the south, Mahukona, and Kohala Kai. Kauhola purchase update and a new non-profit Stewardship Plan Kohala Lihikai were discussed. Next meeting is Wednesday November 2, at 4:30 p.m. in the Old Courthouse. Infrastructure A: October 6 meeting. The subcommittee reported on next steps on water issues, focusing on spaghetti waterlines and working with meter readers to make an accurate map of waterlines, prioritized by age. Also discussed - Mahukona Beach Park restoration using volunteer help and materials from the community, the Kapa'a Park water system problems with sun-heated pipes, and the action steps for the nonprofit park management project. Next meeting is November 3. Infrastructure B: Viewplane Protection - Scenic Byways will hold a public meeting on October 24 from 5:45 to 7:15 p.m. at the Kohala High School Cafeteria with Giovanna as moderator. Representatives from the State Department of Transportation (DOT) will be available to answer questions. Electric Reliability - Our latest question to HELCO: how a new transmission line to take geothermal power to Oahu may or may not be coordinated with a new electric loop for North Kohala. Through the years, routes proposed have run overland from Puna to Kawaihae, or points more north, such as Mahukona or Honoipu (old Coast Guard Loran station). Affordable Housing: The subcommittee met on September 19. Catholic Charity met on September 15 concerning Habitat qualification. Updates discussed - Self-help Kumakua project, land for housing at New Moon, Ainakea, and Kahei. In the planning stages of setting up a meeting with County Housing specialist Jeremy McComber to discuss land and housing. A Partnership Housing program is proposed with non-profit North Kohala Community Resource Center. Next meeting is October 17 at 4:30 p.m. at the Senior Center (Old Courthouse). Agriculture: The subcommittee announced a community harvest, including free lunch with a Hawaiian theme, on Saturday at 1 p.m. at the Intergenerational Center. STATEMENTS FROM THE PUBLIC: Toni Withington asking why Mahukona is not on the land use report. The subdivision at Mahukona has impacted access, and has impacted the conditions of the parks at Mahukona and Kapa'a. Rosalind explained that Mahukona is not a new subdivision application, but rather a revised subdivision application which is still pending. Rosalind will provide more information on Mahukona at the December AC meeting. Richard suggested Bill Shontell be invited to update us on Mahukona, with community concerns covered the following month. ANNOUNCEMENTS: none NEXT MEETING: Date: Monday, November 14, 2011 Place: North Kohala Senior Center Time: 4:30 p.m. to 6:30 p.m. Agenda: Open Ocean Aquaculture Proposals for inclusion in Capital Improvement Project (CIP) Budget 2012-2013 Subcommittee Reports ADJOURNMENT: There being no further business, it was moved by Richard, seconded by Hermann, and unanimously approved to adjourn the meeting at 6:15 p.m. NORTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MINUTES MEETING DATE May 14, 2012 TIME 4:32 pm PLACE Kohala Senior Center, 54-3900 Akoni Pule Highway, Kapaau, Hawaii 96755 ATTENDANCE 1. Members Present: Hermann Fernandez, Susan Fischer, Frank Cipriani, Giovanna Gherardi, John Winter, Joe Carvalho, Collin Kaholo, and Christopher MacKillop 2. Members absent: Marlene Ching Also present were Project Manager Rosalind Newton and Terry Dunlap from the Office of the Hawai'i County Planning Department. 3. Public Attendance: Kate Sterling, April K. Lee, Margaret Wille, Toni Withington, Megan Solis, Jim Pedersen, D. Cambcin, Jesse Wells, Gerald Skelton, Lisa Andrews, Denise Nekrash, Wendy Kucera, Clark Kucera and Stephanie N. Naihe Laxton STATEMENTS FROM THE PUBLIC: Margaret Wille made an announcement of several upcoming meetings and encouraged people to attend the next senior meeting on the 21st• Denise Nekrash said that she doesn't want the AC meeting time changed if the Planning Department staff cannot attend and asked if the subcommittees could change their meeting times. ADMINISTRATIVE MATTERS: 1. Minutes of the April 11, 2012 meeting were reviewed and discussed by the AC. Two name corrections were suggested along with a replacement of sentence under Infrastructure A subcommittee report regarding feral cats. Motion for approval was made with changes by Collin Kaholo and seconded by John Winter and unanimously approved. 2. Rosalind Newton proposed a revised schedule due to two holidays, which includes meetings for the rest of the year to be held on June 25, August 13, September 10, October 8, and November 26, 2012. The revised schedule proposed no meetings for the month of July and December 2012. The start time of the meeting will be changed to 5 pm beginning with the June 25, 2012 meeting. Giovanna Gherardi made a motion to approve the revised NKCDP AC meeting schedule; Collin Kaholo seconded the motion which was unanimously approved. REPORTS 1. LAND USE PERMIT ACTIVITY REPORT— Rosalind Newlon, NKCDP Project Manager reported on Planning Dept. permits received in the previous month for the North Kohala district. Rosalind said she is still researching the Bartsch variance and will report more at next month's meeting 1 2. Investigative Committee Report. Joe Carvalho reported that they had talked to a webmaster and that the cost to create a website was $1,200 and $30 monthly to maintain. Rosalind Newton explained that the Planning Director had made a decision that the department would not be able to create new websites for the Action Committees and that we would continue to maintain the current CDP website and take suggestions to include more information. Joe Carvalho said that the committee will not pursue the creation of a new website and will thank the people that helped. The Action Committee requested that an email list be generated to distribute information, such as agendas, to other groups. NEW BUSINESS: 3. Public Access, Open Space & Natural Resources Preservation Commission —This item was deferred until the next meeting OLD BUSINESS: 4. NKCDP AC SUBCOMMITTEE REPORTS Growth Management: The Subcommittee reported that they meet the 1st Monday of each month from 6-7 pm at the Surety Kohala office. Hermann reported on the L-Three Holding Subdivision and said that it will have one lot serviced by the Dept. of Water Supply and a private water system with a well that will provide potable water for the other four parcels, and the well will need to comply with DLNR regulations. Hermann said that he has a copy of the Tentative Approval letter if anyone was interested. Hermann said that John Winter is on the subcommittee and will be writing procedures on how the subcommittee will obtain information, disseminate information and work within the time periods of the Planning Department. Public Access: Joe Carvalho said that their subcommittee meets at 4:30-6pm here at the Kohala Senior Center on the 1st Wednesday of each month. Toni Withington gave the report and said that Kauhola Lighthouse celebration will be on June 23`d. She said that the Coast Guard Road will be an access road to Mo'okini Heiau and Kamehameha Birth site and said that with Kohala Kai they are working with DOT to create a fisherman's parking lot near the mauka-makai access trail. Stephanie Laxton of Maikai Kamakani `O Kohala gave an update on the Kauhola Lighthouse and that they were working on an access driveway to the property. Infrastructure A: The Subcommittee reported that their meetings are on the 1st Tuesday of the month at 5—6:30pm at a location to be determined. Giovanna said that the subcommittee met on four occasions and that they met on May 24th with Parks and Recreation, Council Member Pete Hoffmann, Department of Health, Bobby Command, and twenty—two residents. She said that the infrastructure A subcommittee is trying to facilitate meetings between the Friends of the Park to discuss the feral cat issue and they are concerned about the amount of fecal matter and urine in the park and want to bring in new soil. Bob Fitzgerald, Director of Parks and Recreation, stated he will appoint a member of his staff to work with Friends of Mahukona. Giovanna mentioned that the projected priorities at Mahukona have to address the Federal Law with regard to 2 ADA by 2013. She said that John Winter is providing support to the Friends of Mahukona for Mahukona Beach Park. Giovanna clarified the role of the subcommittee members and said that the community members are the decision-makers. She also said that they have decided not to start-up the non-profit park management program as they found out that the AC cannot manage it. Giovanna said they want to relocate the feeding stations; and to develop a model for feral cat containment, per Council Member Pete Hoffmann. Plans to place a large sign at Mahukona instructing people of cat dumping and establishing a feral cat educational program at the elementary school were discussed. Infrastructure B: The Subcommittee reported that they meet on the 3`d Monday of each month and that the next meeting is May 21 at 5:30pm at St. Augustine summer school room. Susan showed the map of the HELCO loop planned for Kohala. She said that there is resistance to the coastal route due to opening land to development and that underground lines are preferred. Susan said that there are applications available for the PUC's Integrated Resource Planning advisory group and that she hopes that someone from Kohala will be included. She also discussed plans for sending Big Island geothermal power to Oahu. Hermann Fernandez asked if there has been a cost given by HELCO for underground versus poles for long term maintenance. Susan has not received such a comparison from HELCO. Affordable Housing: The Subcommittee reported that they had a May 3`d meeting at 6:30pm with the Credit Union to see who was interested in taking the Home Buyer's education class. Collin said that the biggest thing people want to see is their credit rating. Collin put together credit score myths and tips. He said that he had one person interested in the class that is held on Fridays and Saturdays. He said that once they fill out the application that they can be a member for life. Collin said that the application gives guidelines. Collin said that interested people need to maintain payments so that they can purchase a home. Collin said that their subcommittee meets on the 3rd Monday of each month except that this month they will meet on a Thursday. Agriculture—The Subcommittee reported that they meet on the last Tuesday of each month at 6—8pm at the Intergeneration meeting room at Kamehameha Park. Frank Cipriani discussed Important Agricultural Land (IAL) incentives and went over the Act 183 criteria for IAL such as used for agricultural production; coffee, vineyard; has sufficient water; designation of IAL consistent with County; productivity; and more information available in handout. Frank also went over the IAL incentive programs under Act 283, including additional farm dwellings, taxable credit by HDOA, loan guarantees, low interest loans, state agricultural water; expedite permits by DOH, and more included in handout. Frank noted that Parker Ranch went through the IAL designation process on the Big Island and 2 on Kauai and 1 on Maui went through the IAL designation process. Frank said there are two ways to get land designated as IAL; go though County adherence or through voluntary adherence. Frank then spoke about citrus crops and the woman known as the "juice lady" who is getting "seconds" from growers in Hilo and selling juice and how he would like to get something like that going in Kohala. Frank then discussed soil reconditioning at existing farms and projected farms and said that a 3 lot of agricultural lands are not conducive for farming and said he knew of someone who had some ideas of ways to increase usability of lands. Frank said that his company has identified some large lots for diversified aquaculture and waste to energy diversified aquaculture and land below Hoea agricultural park. ANNOUNCEMENTS: STATEMENTS FROM THE PUBLIC: Stephanie Laxton said that there is a bill coming up in the State describing agricultural lands that have a house on it that will either qualify as agricultural or may change the zoning. Margaret Wille referenced various parts of the North Kohala CDP to illustrate that the CDP Action Committee is accountable to the community, stressing the importance of a direct relationship with the community. Margaret cited the View Plane Protection Program for Kohala Mountain Road and Akoni Pule Highway on page 38 of the NKCDP to show that any HELCO proposal to run transmission lines across North Kohala needs to be consistent with the CDP by not interfering with view planes. Denise Nekrash said that an email coming from the County does not mean it is generic, but that it is official, and that the community wants to stay informed. Denise Nekrash also said that she would like a workshop on what the CDP is about and what the subcommittees' functions are. AGENDA ITEMS FOR NEXT MEETING: Administrative Matters AC meeting schedule Approval of minutes Open Space Commission Elect New Chair and Vice Chair NEXT MEETING: Date: Monday, June 25, 2012 Place: North Kohala Senior Center Time: 5:00 pm to 7:00 pm ADJOURNMENT: There being no further business, Giovanna Gherardi made a motion and Christopher MacKillop seconded the motion to adjourn the meeting which was unanimously approved. The meeting adjourned at 6:07pm. 4 NORTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MINUTES MEETING DATE June 25, 2012 TIME 5:00 pm PLACE Kohala Senior Center, 54-3900 Akoni Pule Highway, Kapaau, Hawaii 96755 ATTENDANCE 1. Members Present: Hermann Fernandez, Susan Fischer, Frank Cipriani, Giovanna Gherardi, John Winter, Collin Kaholo, and Christopher MacKillop 2. Members absent: Joe Carvalho and Marlene Ching Also present was Project Manager Rosalind Newton from the Office of the Hawai'i County Planning Department. 3. Public Attendance: Bette Green, Bob Green, Anthony Williamson, Collin Danforth, Faye Yates, Margaret Wille, Toni Withington, Megan Solis, Gail Byrne, Jesse C. Wells, and April K. Lee. STATEMENTS FROM THE PUBLIC: Toni Withington said that the Infrastructure B Subcommittee had four new members and that they discussed the differences between the Infrastructure A and B subcommittees and recommended changing the names to better identify what they do. Margaret Wille suggested that the affordable housing next to the Church be discussed at one of the next AC meetings, and would also like an update on affordable housing projects. ADMINISTRATIVE MATTERS: 1. Minutes of the meeting were reviewed and discussed by the AC. It was requested by Giovanna Gherardi that a sentence referring to a meeting on May 3rd be deleted in the Subcommittee report section for Infrastructure A. All in favor of the minutes was unanimous and the minutes were approved with the changes. 2. Collin Kaholo nominated John Winter as Chair and Giovanna Gherardi seconded the motion, which was unanimously approved. Giovanna Gherardi nominated Frank Cipriani as Vice Chair and Hermann Fernandez seconded the motion, which was unanimously approved. REPORTS 1. LAND USE PERMIT ACTIVITY REPORT— Rosalind Newton, NKCDP Project Manager reported on Planning Dept. permits received in the previous month for the North Kohala district. Rosalind mentioned that there was one new subdivision application, the Sargent subdivision application and said that the Bartsch variance application was still pending. 1 2. Investigative Committee Report. Giovanna Gherardi reported that there was a draft program available for the proposed community meeting and that a date and time had been confirmed for September 12th at 5:30-7:30pm. Giovanna said that they are still working on effective communication and compiling an email list. NEW BUSINESS: 3. Public Access, Open Space & Natural Resources Preservation Commission (PONC) — Gail Byrne Baber provided a brief overview of the PONC and the process for submitting open space nominations. She explained how the PONC makes recommendations and reports to the Mayor at the end of the year. Gail said that the NKCDP has identified parcels for open space and that that has helped the PONC and that usually the 2% fund is leveraged with other funds. Gail went over some of the parcels that have been purchased in the North Kohala District and said she brought copies of the annual report which included parcels purchased in other districts. There was a discussion on how the PONC ranks the parcels. Gail said that there is a strong grass roots effort in Kohala. Gail said there is information on the PONC on the Finance Department website. OLD BUSINESS: 4. NKCDP AC SUBCOMMITTEE REPORTS a. Growth Management: Hermann Fernandez reported that their next meeting will go over their procedures for obtaining information. He said they reviewed the Sargent subdivision application and found it to be consistent with the NKCDP since according to the NKCDP, the growth/density should be near the town centers. He said that the main issue is the water availability and that one parcel has a well and that they are trying to see if that well can serve the other four parcels. b. Public Access: Toni Withington gave the report and said that there was a nice celebration at Kauholo Point which was the beginning of more community owned and stewarded land. She said that the Upolu restoration was moving forward and that the right of entry was approved by BLNR. Toni said that the public access easements on Upolu agriculture leases are being working on by DLNR. Toni said that the subcommittee is trying to convince the DOT to change the location of the parking at Kohala Kai to move it closer to the mauka-makai access. c. Infrastructure A: John Winter said that at Mahukona Beach Park they are working on revitalization and that new soil has been spread. John said that there are two groups working at Mahukona; Mahukona Cat Colony Caregivers and Friends of Mahukona. The first group focuses on the cat issues, and the second group focuses on the landscape and maintenance. Both groups have submitted proposals to the Parks and Recreation Department stating what they are going to do at the Park. John said there is also the Friends of Keokea group. John said that another project is to work on the water lines and help people identify the spaghetti lines that go from the water meter to the person's house and are offering assistance in identifying those lines to those who request it. Giovanna said that it has been suggested that the 2 Mahukona Cat Colony Caregivers and the Friends of Mahukona work with the community and organizations and organize public meetings. d. Infrastructure B: Susan Fischer reported that the Subcommittee is growing and that they are working on electric reliability and looking at planned transmission lines through Kohala for geothermal power to Oahu as well as view plane protection and rural infrastructure. Susan reported on the Kawaihae Local Resource Council meeting that she attended where Ron Thiel of the County Traffic Division discussed street lights and the update to the Lighting ordinance by the Department of Public Works to provide better lighting and reduce energy demands. One thousand fully shielded LED streetlights were purchased by the County with stimulus funds. The first 50 were installed in Waimea, in part to keep the skies darker for the Mauna Kea observatories. Low pressure sodium, even shielded, will produce a halo of light below. Once switched to LED, bulbs are not visible from the side and produce less glare. Susan said that she will present more information on this subject at future meetings. Susan also reported on a cost comparison provided by HELCO on underground vs. overhead utilities and said that HELCO provided four different links for information. According to HELCO, underground cables in general cost more to maintain over the long term and ten times more to install than overhead utilities. Susan said the next meeting will be at 5:30pm and that the meeting dates will be changed and will be posted on the CDP website and on bulletin boards around Kohala. e. Affordable Housing: Collin Kaholo said that he has had two Subcommittee meetings since the last AC meeting. He said that they had an open discussion on what was their plan. Collin said that they are planning a community educational meeting and have been asked to give an idea of what the homes would look like. He said that there will be an Open House on July 1st at 3pm. He said if they get a good response that they will do another informational meeting. Collin said they also want to have a discussion on Habitat projects and Hawaiian Homes. He said the goal is to get twenty applicants. He said the biggest question is how to put finances in order to apply for a loan. Collin said that the next meeting is July 16th at 4:30pm. f. Agriculture: Frank Cipriani said that their next meeting is tomorrow and that they have made progress since their May 29th meeting. He said that the merits of Important Agricultural Land (IAL) registration vs. doing it through the County is being discussed and that they would like to start the program themselves and combine this with strategic agricultural development planning in North Kohala. He said that his company wants to find a strategic agricultural site that is designated IAL. Frank said that he also wants to give landowners advice and help with their agricultural lands. Frank spoke about the Kohala citrus crop and the possibility of forming a cooperative for juicing the fruit. Frank spoke of the need for soil reconditioning and putting people in touch with soil testers. Frank said that his company has submitted a proposal to the high school and middle school for an aquaponics program that is cutting edge. He said that anyone interested in agriculture or aquaculture is invited to attend his subcommittee meetings which meet the last Tuesday of the month. ANNOUNCEMENTS: Giovanna Gherardi thanked Megan Solis of the Kohala Mountain News for her recent article about the NKCDP AC. STATEMENTS FROM THE PUBLIC: Toni Withington said that there are five community groups that have been recommending properties to the PONC and that within the top five on the list, three parcels are identified in the NKCDP for public purchase. Toni said that the new parcel is Halelua near Kauhola Point and is next to Hapu'u to Kapanaia Cultural Corridor which is currently on the priority list. Gail Byrne Baber said that North Kohala gives the most thorough reports to the PONC. AGENDA ITEMS FOR NEXT MEETING: Investigative Committee on Community Meeting and Communications— Discussion item Rename Infrastructure A and B Subcommittees Land Use Report Administrative Matters Approval of minutes NEXT MEETING: Date: Monday, August 13, 2012 Place: North Kohala Senior Center Time: 5:00 pm to 7:00 pm ADJOURNMENT: There being no further business, Giovanna Gherardi made a motion and John Winter seconded the motion to adjourn the meeting which was unanimously approved. The meeting adjourned at 6:18pm. 4 NORTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MINUTES MEETING DATE August 13, 2012 TIME 5:00 pm PLACE Kohala Senior Center, 54-3900 Akoni Pule Highway, Kapaau, Hawaii 96755 ATTENDANCE 1. Members Present: John Winter, Frank Cipriani, Christopher MacKillop, Collin Kaholo, Susan Fischer, Giovanna Gherardi, Hermann Fernandez, and Joe Carvalho. 2. Members absent: Marlene Ching Also present was Project Manager Rosalind Newton from the Office of the Hawai'i County Planning Department. 3. Public Attendance: Lynda Wallach, Kate Sterling, Bee Henderson, Jana Bogs, David and Ruth Rotstein. STATEMENTS FROM THE PUBLIC: Kate Sterling said that in the June 25, 2012 NKCDP AC minutes in the Infrastructure A Subcommittee Report it stated that: "He said there is an issue with the cats and the trash can and that they need lids for the trash cans"was incorrect and requested that it be removed from the minutes. ADMINISTRATIVE MATTERS: 1. Minutes of the meeting were reviewed and discussed by the AC. In addition to the changes that were suggested by the Action Committee that included additions of information to the Infrastructure B Report, it was also requested by Susan Fischer to delete the word `on"after"as well as" in the fourth sentence on page 3, and to delete the sentence that starts with "Ron said" in the same section of the Infrastructure B report. In the Infrastructure A report, it was requested to delete the second sentence which started with: "He said there is an issue with the cats and the trash cans..."There was also a request to remove "Committee"from the name of the Mahukona Cat Colony Caregivers. All in favor of the minutes was unanimous and the minutes were approved with the changes. REPORTS 1. LAND USE PERMIT ACTIVITY REPORT—Rosalind Newlon, NKCDP Project Manager reported on Planning Dept. permits received in the previous two months for the North Kohala district. Hermann Fernandez had a question regarding the Hoyt Plan approval project for multi-family dwellings and whether other approvals were necessary. Rosalind explained that the zoning was CV-10 (Village Commercial) and that multi- family dwelling units are a permitted use with the requirement for a plan approval prior to the addition of new structures and additions to existing structures in the CV district. 1 2. INVESTIGATIVE COMMITTEE WILL PROVIDE AN UPDATE ON THE PLANS FOR A COMMUNITY MEETING AND IMPROVING COMMUNICATIONS WITHIN THE COMMUNITY—Giovanna Gherardi discussed the final results of the investigative committee. The community meeting will be held September 12th at the Kohala Intergenerational Center at 5:30pm. Hermann Fernandez discussed the email list that they are putting together to improve communications. John Winter asked about the idea of neighborhood meetings and Giovanna Gherardi said that they would look at that further to see what they can do. John Winter also asked about a poster for the community meeting and if the AC was interested in participating in the upcoming Kohala County Fair. The AC discussed their participation at the Kohala Country Fair in the past and John Winter said that he would like to have a booth at the Kohala Country Fair to provide information on the NKCDP and will try and get maps for the booth. Joe Carvalho said that he was working on the email list and bulletin board announcements and selecting which bulletin boards to place announcements. 3. NKCDP AC SUBCOMMITTEE REPORTS a. Growth Management: Hermann Fernandez said that at their July 2nd subcommittee meeting they discussed the Kohala Wishing Well application which is listed on the Land Use Report. Hermann said that he obtained a copy of the special permit application. Hermann said that the main concerns expressed by the people attending the subcommittee meeting were that Hoea Road was already dangerous and that they bought into an agricultural subdivision and didn't want it changed into a non-agricultural subdivision. Hermann explained that the Dept. of Public Works comments came in after the subcommittee meeting and that their comments stated that at the point where the road turns into one lane that an additional six foot of paving width was necessary to increase Hoea Road to two lanes. David Rotstein made a comment from the public that the applicant was willing to put in a bus system to transport students. Hermann Fernandez said at their August 6th subcommittee meeting that he reported that the applicant for the Kohala Wishing Well project had withdrawn their application for a special permit. Hermann said he reviewed a variance from water supply application and the Sennett Subdivision application. Herman also discussed the Kohala Estates Subdivision application and asked Susan Fischer whether the lots in the subdivision would still have access over Lot 41. Susan Fischer said that newer deeds did not show rights to access over Lot 41. Susan said that her association has submitted copies of deeds to the Planning Department. b. Public Access: Joe Carvalho reported that the subcommittee is getting help from the National Park Service in creating draft maps of trails and access areas. Joe discussed the coastal access at 2 Hapu-'u-Kapanai'a was walked through with the county planner a couple of years ago but the access approval has not been granted by all owners. Three of the four are okay with it but one has not been responding. Joe said that a protective fence is being installed around the Hale 0 Kaili Heiau by the property owner after he consulted with the kupuna. In addition, another pedestrian fence for frequent visitors of the area is just about completed. Joe said that they have Naupaka plants for the Upolu Airport Area restoration and that now they are trying to get water. Christopher MacKillop gave an update on Kauhola Point and said that the group managing the land at Kauhola Point are working on a hardscape and gathering input from the community and trying to get grants from the Trust for Public Lands. Christopher said that the grants are contingent on community input. Christopher is also working with the owners of Pratt Road which is a privately owned road and is trying to get it opened as an emergency access road. Christopher said that a few people have put up gates. Joe Carvalho reported on a coastal trail at a new subdivision at Kohala Kai and that the subcommittee would like it moved back from the cliff. c. Infrastructure A: Giovanna Gherardi said that there have been four meetings focused on Mahukona Park and waiter issues. Giovanna noted the work being done by the Mahukona Cat Colony Caregivers and the Friends of Mahukona and said that new dirt has been provided and that painting has been done and said that the groups work well together. Giovanna said how much the work by both groups is appreciated. Giovanna said she is still trying to move forward with the water line project. She said they want to get an intern to start mapping the spaghetti lines so that people know their location if they need to be repaired. Giovanna said that confidentiality and liability issues need to be addressed for crossing resident's property and if the intern gets hurt while mapping the spaghetti lines. d. Infrastructure B: Susan Fischer said that at the August 8th subcommittee meeting that a new name was discussed for the subcommittee and it was Power, View Planes and Erosion Control. Susan said in regard to rural infrastructure, they discussed the Kynnersley intersection and the Hawi intersection and the idea of roundabouts as an alternative to traffic signals and landscaping in the middle for a sense of place. Susan briefly discussed underground transmission lines and compared it to the Sandwich Isles project which did a lot of trench work. Susan also mentioned that the Kohala Ditch may be a power source. Hermann Fernandez noted that there is a power source from there. Susan also said they raised the question at the subcommittee meeting about wind power being used for back-up power and that it would need a back-up generator and that it would be very expensive and that winds are unpredictable. Susan said the next subcommittee meeting is scheduled for September 13th. e. Affordable Housing: Collin Kaholo said that they had an Open House and that it was open to the public and that no one from the public attended. Collin described the differences between the model homes 1222 and 1223 and said that 1223 has a carport and the other model home has a garage. Collin said that the homeowners have the opportunity to select the flooring and type of front door. Collin said that normally the lots are identified by each homeowner but that the homeowner will work on the home until it is finished and then they will get the home they apply for. Collin 3 said that on July 15th the subcommittee discussed the Kahei subdivision and provided an update on how the Habitat for Humanity program works. Collin announced that the next subcommittee meeting would be the next Monday at 4pm. Agriculture: Frank Cipriani provided an update on the subcommittee meeting on July 31St. He said that he had contacted the Dept. of Land and Natural Resources regarding Important Agricultural Lands (IAL) designation and was provided with a letter with links outlining voluntary designation of IAL. Frank provided an update on the citrus producing co-project that is being proposed which included a discussion of locating certified kitchens to use for juicing the fruit. Frank said the subcommittee discussed the possibility of using the new kitchen at the Kohala High School and providing orange juice for the cafeteria. The subcommittee also wants to look at other fruit to make juice from. Frank invited Jana Bogs to provide an update on soil testing issues and nutrient density of crops. Next, Frank invited David Rotstein, a subcommittee member, to provide information on a community garden idea which he suggested to feed 50%of Kohala by food grown locally. Frank said to also try and combine soil reconditioning with this type of project. 4. NEW BUSINESS: PROVIDE NEW NAMES FOR INFRASTRUCTURE A AND B SUBCOMMITTEES: Giovanna Gherardi made a motion to rename the Infrastructure B Subcommittee to Power, View Planes and Erosion Control and Hermann Fernandez seconded the motion which was unanimously approved. Giovanna Gherardi made a motion to rename the Infrastructure A Subcommittee to Parks and Water Improvement and Hermann Hernandez seconded the motion which was unanimously approved. STATEMENTS FROM THE PUBLIC: None. ANNOUNCEMENTS: None. AGENDA ITEMS FOR NEXT MEETING: Discuss Coastal Access Trail at Puakea Bay Ranch NEXT MEETING: Date: Wednesday, September 12, 2012 Place: Kohala Intergeneration Center, Kamehameha Park Time: 5:30 ADJOURNMENT: There being no further business, Joe Carvalho made a motion and Giovanna Gherardi seconded the motion to adjourn the meeting which was unanimously approved. The meeting adjourned at 7:03pm. 4 NORTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MINUTES MEETING DATE November 26, 2012 TIME 5:00 pm PLACE Kohala Senior Center, 54-3900 Akoni Pule Highway, Kapaau, Hawaii 96755 ATTENDANCE 1. Members Present: John Winter, Christopher"Keone" MacKillop, Collin Kaholo, Hermann Fernandez, Frank Cipriani, and Susan Fischer. 2. Members absent: Joe Carvalho and Giovanna Gherardi. Also present was Project Manager Rosalind Newton from the Office of the Hawai'i County Planning Department. 3. Public Attendance: Jesse C. Wells, Lynda Wallach, and Toni Withington. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: None. ADMINISTRATIVE MATTERS: 1. Minutes of the October 8, 2012 meeting were reviewed and discussed by the AC Members. Hermann Fernandez requested a correction to the name of Trust for Public Lands under Item B, in Subcommittee Reports and a correction to the name of Akoni Pule Highway under Item D, under Subcommittee Reports. All in favor of the minutes was unanimous and the minutes were approved with the changes. 2. The Calendar of Meetings for 2013 was discussed and meetings will continue to be held on the second Monday of the Month except for November, where it will be the fourth Monday of the Month, and no meeting in December. All in favor of the Calendar of Meetings for 2013 was unanimous and was approved. REPORTS 1. LAND USE PERMIT ACTIVITY REPORT— Rosalind Newton, NKCDP Project Manager reported on Planning Dept. permits received in the previous month for the North Kohala district. 2. NKCDP AC SUBCOMMITTEE REPORTS a. Growth Management: Hermann Fernandez reported on the subdivision applications listed in the land use/permit activity report. He reported on the Sargent Subdivision a 5-lot subdivision that received tentative approval with conditions and Hermann briefly went over the conditions. He reported that the land use report would be replaced with a new procedure whereby the Planning Department would provide the AC Chair with a copy of the first page of an application and a cover letter memo describing the project. b. Public Access: Keone MacKillop provided an update of the activities at Hapu'u- Kapanai'a and discussed the interest in cleaning the road to Hapu'u. Keone said that they are looking for legacy funds for Halelua; and provided an update on Ainakea— 1 0 the Harrison subdivision. Keone also provided an update on Puakea Bay Ranch and Kohala Kai. Toni Withington said that they are working on the Surety grants of easements. c. Parks and Water Improvement-John Winter provided an update on the Parks and said that the feeding stations have been moved to the south and work is being done at Mahukona Beach park by two groups and that they are working well. John said that the roof has been painted at Kapaa Beach Park with help from the Lions Club. At Keokea, the Friends of Keokea are helping out and also said that the water is working and the pavilion was painted at Keokea. John gave an update on the water improvement project and said that there will be a seminar for users of the Hawi well #1 and that there will be discussions about the spaghetti (water) lines and that they will also be looking at ways to accurately locate and label the spaghetti (water) lines. d. Power,View Planes and Erosion Control -Susan Fischer said that there is ongoing research on wind farms. She reported on the street light project and said that Ron Thiel of the County has a goal that all the streetlights be shielded and be LED, but said that reducing the number of streetlights is more difficult. Susan explained the number of streetlights is based on pedestrian traffic and that if a development doesn't do a study they put the maximum number of streetlights for pedestrians. Susan said that she would like to have the Action Committee send a letter regarding the streetlight issues. e. Affordable Housing-Collin Kaholo said that he wants to send out letters to elected officials with concern from community on housing and land issues. Collin said that he will be looking at self-help housing and needs to help with the educational programs to help people qualify for self-help programs. f. Agriculture- Frank Cipriani provided an update on the NKCDP strategies that they are working on: 1) Strategy 1.7- Identification of Important Agricultural Lands (IAL), Franks said that they are trying to disseminate information about IAL designation and that it has been suggested that they work with the County on this project; and 2) Strategy 1.4 and 1.5- Frank provided an update on the aquaponics program at Kohala High School and said that they are trying to get some funds released for this program. Franks said that there is an online learning program called ATOLL and that they are looking for sponsors for students and that they got the cost reduced to $50 per student. Frank said that they have one sponsor and need nine more for the ATOLL program. Next, Frank gave an update on sustainable agriculture goals and sustainable agriculture water development. NEW BUSINESS: 3. REVIEW A DRAFT LETTER FROM THE ACTION COMMITTEE REGARDING THE COASTAL ACCESS TRAIL AT PUAKEA BAY RANCH -Toni Withington said that there is an agreement between the property owner and the State and that they would like to have the County's help in contacting the State to request that they relocate the trail. The Action Committee discussed and reviewed the letter and all were in favor of mailing the letter to the appropriate person, all in favor and it was unanimously approved. 41) 2 4. PROPOSALS FOR INCLUSION IN CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET—This item was tabled. 5. DISCUSSION OF LETTER FROM PUNA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE (PCDP AC)—The AC Members reviewed the letter and decided that they would be interested in sending one AC member to the proposed island-wide AC informational meetings, all in favor and unanimously approved. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: None. ANNOUNCEMENTS: Frank Cipriani made an announcement that the Agriculture Subcommittee would be meeting tomorrow night (November 27, 2012) at 6 PM at the Kohala Intergenerational Center. AGENDA ITEMS FOR NEXT MEETING: NEXT MEETING: Date: Monday, January 14, 2013 Place: County Facility (Former Bank of Hawaii Building, 54-3888 Akoni Pule Hwy., Kohala, HI 96755 Time: 5:00 PM ADJOURNMENT: There being no further business, Frank Cipriani made a motion and Hermann Fernandez seconded the motion to adjourn the meeting which was unanimously approved. The meeting adjourned at 6:01 pm. 3 NORTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MINUTES Monday, August 12, 2013, 5:00 pm North Kohala Senior Center, 54-3900 Akoni Pule Hwy., Kohala, HI 96755 ATTENDANCE 1 . Members Present: John Winter, Frank Cipriani, Susan Fischer, Christopher "Keone" MacKillop, Collin Kaholo, Joe Carvalho and Jon Adams. 2. Members absent: Faith Yates and Hermann Fernandez. Also present was Rosalind Newton from the Office of the Hawai'i County Planning Department. 3. Public Attendance: Megan Solis, Mike Isaacs, Margot McFedries, Charles Anderson, Jojo Tanimoto, April K. Lee, and Council Member Margaret Wille. I. CALL TO ORDER: The meeting was called to order at 5:00 pm by Chair, John Winter. II. INTRODUCTION OF NKCDP AC MEMBERS III. APPROVAL OF MINUTES: Minutes of the Meeting of July 8, 2013. Minutes of the July 8, 2013 meeting were reviewed and discussed by the AC Members. A motion to approve the minutes was made and seconded, and were unanimously approved with changes submitted by the AC members. IV. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS. None. V. CORRESPONDENCE: NONE VI. SUBCOMMITTEE REPORTS: a. Growth Management —John Winter gave the subcommittee report and said that at the subcommittee meeting they went over the farm dwelling guidelines from the 2001 Planning Department memo and the subcommittee had some recommendations. John also reported that Jim Pederson is the new Chair of the Growth Management subcommittee. b. Public Access - Joe Carvalho reported on the activities of the subcommittee: Upolu Airport — east end, the owners will put a parking lot there for access to the coastline; at Upolu Airport restoration site —plants are ready to be planted; Grant of easements- they are working on a map; Halelua — there is a 50 acre oceanfront parcel established as a 1 conservation easement; Kohala Kai — Joe summarized the details of the walk-thru at the site to look at the proposed coastal access easement. c. Parks and Water Improvement— John Winter gave an update on their projects and said that they have been looking at the potential health problems and leaks with regard to the spaghetti-like water lines. John said that the subcommittee has contacted Lisa Anderson regarding road spraying. John discussed the need for emergency bypass roads and that Pratt road has been identified as one of the possible emergency bypass routes and that they need to prepare a map of all the properties and owners. d. Power, View Planes and Erosion Control — Susan Fischer discussed ongoing concerns with Upolu Point and erosion prevention, upcoming planned HELCO outages, and in the first phase of the proposed HECLO redundancy loop route through Hawaiian Home Lands the right of entry has not yet been granted by the Deparment of Hawaiian Home Lands to HELCO. e. Affordable Housing — Collin Kaholo reported that they are waiting for a decision on a parcel being considered by the Habitat for Humanity and that there is no commitment on the parcel of land yet. f. Agriculture- Frank Cipriani reported that there was no subcommittee meeting last month and that he will be sending out updates to his email list. Frank said that he has an Important Agriculture Lands (IAL) inquiry and he wants the County's help in streamlining the IAL designation process. Frank reported that they are still trying to obtain a $300 grant for the soil condition and tissue culture program at the high school garden. He said that he is trying to identify the tax map keys for the test wells that have been developed. Frank reported that aquaculture has been added to the curriculum at Kohala High School. VII. UNFINISHED BUSINESS — None. V.III. NEW BUSINESS A. Proposals for inclusion in Capital Improvement Project (CIP) Budget. The NKCDP AC members will review CIP priorities from the NKCDP for proposal to the Planning Department. The AC members said that they will follow-up on their CIP Budget request for Mahukona Beach Park restrooms. Other possible CIP projects were discussed and it was decided that the subcommittee will work on CIP project priorities and then report back to the AC. IX. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: Council Member Margaret Wille said that in regards to power, HECLO should be pushed to provide underground power on Akoni Pule Highway. Ms. Wille also raised questions about the location of the loop and pointed out that preserving view planes, whether on Akoni Pule Highway or on Kohala Mountain road, is a high priority in the NKCDP; MS. Wille also said that in regard to IAL designation, that she contacted the Planning Department and that people can do IAL designation on a voluntary basis. Ms. Wille also said that she is trying to get additional open space funding for Mahukona; that she will provide an update on the North Kohala videoconferencing; that she will provide an update on busses in North Kohala; and for CIP project proposals, she would like to see the courthouse get a new roof and a certified kitchen for the Senior Center. X. ANNOUNCEMENTS: NEXT MEETING: Date: Monday, September 9, 2013 Time: 5:00 PM XI. ADJOURNMENT: There being no further business, a motion was made and seconded to adjourn the meeting which was unanimously approved. The meeting adjourned at 6:07 pm. 3 NORTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MINUTES Monday, September 9, 2013, 5:00 pm North Kohala Senior Center, 54-3900 Akoni Pule Hwy., Kohala, HI 96755 ATTENDANCE 1. Members Present: John Winter, Hermann Fernandez, Susan Fischer, Christopher "Keone" MacKillop, Joe Carvalho and Jon Adams. 2. Members absent: Faith Yates, Collin Kaholo, and Frank Cipriani. Also present was Rosalind Newton from the Office of the Hawai'i County Planning Department. 3. Public Attendance: Bob Martin, Council Member Margaret Wille, Keith Wallis, Toni Withington, Megan Solis, Margot McFedries, Charlie Anderson, Lucy Pasco, S. Poaline, and April K. Lee. I. CALL TO ORDER: The meeting was called to order at 5:03 pm by Chair, John Winter. II. APPROVAL OF MINUTES: Minutes of the Meeting of August 12, 2013. Minutes of the August 12, 2013 meeting were reviewed and discussed by the AC Members. A motion to approve the minutes was made and seconded, and were unanimously approved with changes submitted by the AC members. III. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: Bob Martin made a statement regarding Strategy 4.3 — Communications and providing a local radio station and said that the North Kohala Resource Center will be submitting an application to the FCC for a local radio station. Bob said the cost would be about $65K to build and about $65K to staff per year. Council Member Wille said that it would be a good idea to write a letter of support for the application for a local radio station for emergency preparedness. Ms. Wille also said that she wants to compile a list of state and county roads to look at intersections and wants to vvork with the subcommittees. Ms. Wille also said that she wants to help the agriculture subcommittee prioritize the Important Agricultural Lands (IAL) designation process. Lucy Pasco inquired whether the mauka roads have been looked at as alternative emergency bypass roads. IV. SUBCOMMITTEE REPORTS: a. Growth Management — Hermann Fernandez gave the subcommittee report and said they reviewed the pending County of Hawaii subdivision 1 by the hospital to allow hospital infrastructure, and another pending subdivisions is to correct lot lines for zoning compliance. Hermann mentioned that the time and location of the next subcommittee meeting will be changing and also said that this is his last AC meeting since his term has ended. b. Public Access - Joe Carvalho gave the subcommittee report and provided the following updates: Hapu-Kapanaia- Pacific Plains archaeologist has prepared a preservation plan which has been presented to the subcommittee for comment. Kapalama Heiau which is partly on the property borders needs to be fenced. The restoration plan at Upolu Point is on hold to get more naupaka ready to plant. c. Parks and Water Improvement —John Winter gave the subcommittee report and said that they focused last month on researching and prioritizing the CIP list. John said they also wrote a letter to DWS about water issues and the Halelua well. d. Power, View Planes and Erosion Control — Susan Fischer gave the subcommittee report and discussed the electrical route to Mahukona from up mauka and of existing poles along Akoni Pule Highway being used solely for communication wires. Susan noted that there are no poles from Akoni Pule Highway down to Kapa'a Park, and the subcommittee wants to explore using solar energy to power Kapa'a Park. e. Affordable Housing — No report. f. Agriculture — No report. V. NEW BUSINESS A. Review a draft letter from the Action Committee regarding the proposed grant of public access easements at the Kohala Kai Subdivision located at TMK(s) 5-9-017:001 to 008. Joe Carvalho, AC member, led the discussion and said that the Planning Department approved the Public Access Plan for Kohala Kai subdivision which was a requirement of their Special Management Area permits. Joe said noted the following issues that they wanted to address in a letter to the Planning Director; 1) include Ala loa as part of the public access and have two lateral trails; 2) there are only 3 parking spaces required; 3) walking along the highway to get to the trailhead is dangerous; and 4) the mauka-makai trail is a little rough. C Hermann Fernandez made a motion to approve a letter to the Planning Director from the AC regarding the Kohala Kai Public Access Plan and Keone MacKillop seconded the motion which was unanimously approved. B. Proposals for inclusion in Capital Improvement Project (CIP) Budget. The NKCDP AC members reviewed and prioritized CIP projects from the NKCDP for proposal to the Planning Department. The AC members prioritized the top 5 projects. Jon Adams made a motion to have the AC send a letter to the Planning Director recommending the top 5 projects identified by the AC be considered for CIP funds. Keone MacKillop seconded the motion with all in favor, and was unanimously approved. C. Report on Mass Transit in North Kohala. D. Report on the status of the County providing videoconferencing of County Council Meetings in North Kohala. Council Member Margaret Wille will be reporting on Items C and D at a later date. VI. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: None. VII. ANNOUNCEMENTS: NEXT MEETING: Date: Monday, October 14, 2013 Time: 5:00 PM VIII. ADJOURNMENT: There being no further business, a motion was made and seconded to adjourn the meeting which was unanimously approved. The meeting adjourned at 6:45 pm. 3 William P. Kenoi os p� , Mayor - o ,I Duane Kanuha nn` lt,s °j Director Bobby Command �Ja • •V�;;,. Deputy Director • ��E'Gf M' West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalolc Hwy • . 101 Pauahi Street,Suite 3 Kailua-Kona,Hawai'i 96740 County of Hawaii Hilo,Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 North Kohala Community Development Plan Action Committee September 9, 2013 Mr. Duane Kanuha Planning Director Hawaii County Planning Director 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Reference: Kohala Kai LLC Subdivision 7495, Subdivision 7635 and Subdivision 06- 000297, Special Management Area (SMA)Minor Use Permit No. 84 and SMA Use Permit No. 06-10 Public Access Plan TMKs: 5-9-017:001 to 008, Kahuanui and Waika, North Kohala CDear Mr. Kanuha, On behalf of the NKCDP Action Committee and the Public Access Subcommittee, we write to comment on the Kohala Kai project. This project has been before the County for approval in various forms since 2001. The present comment and concern we have is specifically related to the Public Access Plan. We want to express our hope that communication between your department and the volunteers who have worked so hard to implement the CDPs will be improved in the future in the matter of County acceptance of Public Access Plans. We want to commend the developer for his work on public access in general and for his support for numerous Kohala and other Big Island projects. Many organizations in Kohala have benefited from EWM Enterprises: Kohala Community Athletic Association, North Kohala Community Resource Center, Kohala Public Library, Project Graduation , preservation of Hale O Ka'ili Heiau at Hapu'u, to name a few. The owner's representative, Charlie Anderson, has attended many meetings of the Public Access Subcommittee and actively sought the community's input on access and preservation matters. There is one critical concern we have that must be addressed for us to give our support to the Kohala Kai Public Access Plan. The North Kohala Community Development Plan says of the recommended coastal public access trail: "The trail should follow the Ala Loa where it can be identified or traditional fishing trails." Kohala Kai has surveyed and improved a lateral public access trail where they observed actual use by fishermen. However, the current jeep trail, which runs parallel to the fishing trail just mauka of it, was constructed along the original Ala Loa. Therefore in this case we believe that the Ala Loa (jeep road)should be the public access. www.cohnlanningdent.com Hawaii County is an Equal Opportunity Provider 9 p(' 4 and Employer plannineCcco.hawaii.hi.us The trail Kohala Kai improved along the coast which is proposed as the lateral public access is well made for fishermen but difficult for most. Even more importantly, the Ala Loa, whether or not it exists on paper or via archeological evidence of its original location, exists in the cultural memory of generations of users.This is why the Ala Kahakai National Historic Trail uses old Hawaiian trails, and recognizes the jeep road as the Ala Loa. This alternative was discussed with Mr. Anderson at the September 4th meeting of the Public Access Subcommittee, and although it would require expenditures to designate the Ala Loa as the public access, it is entirely feasible without disturbing other improvements made for the subdivision. We therefore believe this is a win-win solution so Kohala Kai can proceed to complete the public access plan and go to market in a timely fashion. Additionally, there are a number of lesser issues discussed with the developer at Public Access Subcommittee meetings and site visits. We understand these involve County and State DOT cooperation and the developer thinks he has done his best to accommodate. The following points are stated for the record,but are not critical to our current concern. 1. The mauka-makai trail is well-defined with small rocks on the eastside, however, it is not easily traversable and could be smoothed out as it is made of small loose rocks. It is definitely hard to walk on. The Public Access Plan calls for the County to make and maintain almost all of the trails designated.The Public Access Subcommittee is eager to work with the County on standards and support for funding/personnel to fulfill this obligation. 2. The walk from the parking lot to the trailhead is hazardous. Perhaps it could be improved with another guardrail, yellow posts and warning signs. The speed limit on the highway is 55 mph so walking with kupuna or children will be risky especially with large trucks passing by. We are not clear if this would be a DOT, County or developer responsibility. 3. The SMA recommends a minimum of 3 parking stalls. Even now,before the access is open, there are often more than 3 trucks or cars parked off the road at the head of the trail. We understand why this was done as it was,but note that realistic parking is a concern that should be looked at carefully and early in the process for approval of Public Access Plans in the future. Thank you for your attention and we look forward to your response to these concerns. Sincerely, John Winter,Chair North Kohala Community Development Plan Action Committee CO' 12c October 26, 2013 The Kohala Mountain News Page 15 NOW Kohala Kai Public Access at Center of AC Meeting By Lynda Wallach the only access to the ocean. Winter suggested the subcommittee mittee is drafting a letter to the mayor Public access at the Kohala Kai subdi- JoJo Kanimoto, representing the might benefit from a process by which and the Department of Parks and Recre- vision was once again the focus of much South Kohala CDP AC,requested that they get access plans,which are public ation requesting funding for repairs for of the October 14 meeting of the North the North Kohala AC ask the plan- documents,from Planning rather than the roof at Hisaoka gym which leaked Kohala Community Development Plan ring director to assure that access is attempting to get them from each con- so badly during Tropical Storm Flossie Action Committee(NKCDP AC).Keone provided to the numerous burial sites tractor. that the gym floor was flooded. McKillop of the Public Access subcom- at Kohala Kai and Kohala Waterfront. Lucy Pasco, speaking from the Collin Kaholo reported that, since mittee stated the Planning Department She requested also that the AC pass a audience, expressed her frustration the CDP specifies that new housing has not been keeping the AC informed motion expressing its lack of support that,even after all the time and energy should be built near Kapa au or Hawi about the Kohala Kai access plan. He for the access plan, scheduled to be that the community devoted to devel- towns,the Affordable Housing subcom- summarized a letter that was approved discussed at the November 5 County oping the NKCDP, contractors and mittee is still looking for land that meets by the AC at the last meeting and sent Council meeting which will be open to Planning routinely bypass or ignore that criteria. to the Department expressing the sub- the public via teleconferencing at the the AC when it comes to public access Frank Cipriani of the Agriculture committee's concerns regarding access old Bank of Hawaii building.AC chair plans.Winter acknowledged her frus- subcommittee reported that a local at the subdivision: lack of adequate John Winter explained that because of tration and admitted that the ball was farmer is interested in designating his parking,the hazardous walk from the the Sunshine Law,the AC cannot vote droRRed by several groups regarding farm as Important Agricultural Lands parking lot to the access trail,and that on such a motion since it is not on its Kohala Kai but stated that this was the and is willing to be a test case for stream- the Ala Loa Trail needs to be preserved, current agenda.Members of the AC can first time they had to deal with this lining the process.Kohala High School cannot be moved and needs to be con- testify at the council meeting as individ- issue and that they will be better pre- is now offering classes in aquaculture; nected to the trails on either side of the uals as can any member of the commu- pared in the future. the program is a sponsored project of property. nity,but they cannot testify as members The AC then approved a letter the North Kohala Community Resource A representative from South Kohala of the AC or even identify themselves as drafted by Susan Fischer of the Power, Center and is soliciting funds.Cipriani said her community was concerned that such. View Planes and Erosion Control sub- is looking for people who are interested the proposed clubhouse at Kohaha Kai McKillop brought up the difficulty committee dealing with the rural infra- in the development of agriculture in would block access to the small cove, of working with individual contrac- structure aspects of the Kohala Kai Kohala to join the subcommittee. site of the old canoe landing,which is tors to get copies of their access plans. subdivision. The letter commends the Finally Winter read a draft letter to developer for incorporating NKCDP the planning director detailing the five rural infrastructure standards including high priority Capital Improvement native plantings,underground utilities Projects(CIP)selected by the AC.They and no street lights into its plans and are:a green waste facility,potable water urges the installation of sediment reten- at Kapa'a Park,potable water at Mahu- tionponds which prevent the erosion of kona Park, electricity at Kapa a, and soil into the ocean. improvements and repairs to Kohala The Public Access subcommittee is recreational facilities including the also working on access at Upolu East. Kamehameha Park gate ball pavilion Toni Withington explained that whereas and bandstand cover.Though repairs to Planning submitted the grant of ease- the Hisaoka gym roof were included,it ment for Kohala Kai to the County is unclear whether funds for that would Council without consulting the AC,the need to come from the CIP budget.At subcommittee has asked the planning Toni Withington's suggestion,an addi- director to delay submitting the one for lion was made to the letter urging that Upolu East until issues can be worked the Council explore the feasibility of out between the subcommittee and using solar to provide electricity at the landowner.The subcommittee con- Kapa'a. ducted a walk-thru of the area and has The AC is seeking volunteers to created a draft report which she sug- replace the four members whose terms gested be put on next month's agenda. have expired or are due to expire soon.It Winter, representing the Water, is crucial that the committee remain fully Parks and Roads subcommittee, said staffed,and members of the community they are finalizing the draft of a letter to who are interested in ensuring that the the Department of Water Supply which goals and priorities of the NKCDP are addresses the liability and health issues upheld by the county government are related to the long spaghetti water lines urged to apply.Applications are avail- that cross multiple properties.He also able online at hawaucountycdp info or stated that all the owners of property call Rosalind Newlon at 323-4770. along Pratt Road have been identified The next meeting of the NKCDP AC and the subcommittee will organize a will be Monday,November 25,at 5 p.m. meeting with all the owners and stake- Duane Kanuha,the new planning direc- holders to discuss using Pratt Road as an tor,is scheduled to be at that meeting. emergency by-pass road.The subcom- The public is encouraged to attend. EXHIBIT 12c Kohala Kai Kohala Mountain News article(10/26/13) 13 1 [ Mil � X0:8 l�. 7 y b .° r ,i.„ „ ._. / Sd 1 !Nil V / �' 4 p .., 4.1 5 1 I Iiiii Oz) & ''''' ..----T\1 yi -. e,/ .„." ?!14(r! / Ica`L /,Y�i CA �Om �e is / 0.11°1% \l„■ v► ^r% 3` :, may.✓ �...... -...1 c - k9 .J 5 t I II` \ i`r, ' ! 3; i /,� �.y 817 I M 1/_ �rr� r.;* i M F i i ke ,' r.. �J _I , ° 8 L / a J. A- .,7,,,' / ■ 1'211 D "�'Y„ i' I , 'e «� yf°• i 1 // ` BY , / „. , T c 'pM3f -�h. �`p ,`y { / / L . . ''9�� ap �. frrIZ 'A. 'a y, itr r g I , �.b'•�€ e 4 .0. ``` .�y, 9y��"1br' } �p• hrAy a.0'I !n , !x' ' J p i w !• CO l ro 01'ra• '` l ! / � `\, a A ^ A 4\ , enii .41/ 7 \ . r �, R ,}aryG g , „IA ...,,, v., F ..,,, s PP e AI `,r Fy. �/ '�. ,.�:.:�„ � rates.1 1p `64/44.1"..- /f - le r 1M g= L / L t V }�' 1,�+ 7Ip r *it Si a... It%,\ M �a�a 'O ...�„ `LAP t- :0:::4.3.4* i,'• �,_,_.- ' aF �° �_� '�....��;% ' _ q T� Q ,�/ iii,. 3�s d I 1� h. / //' j' 0 _I -b Ut Y ,.'` � oaf , k p ,,,k, --is -----„,./. , \,, ....-- r N.,- ---- -- / X ,9F —0 %-- r 11 rn &.. F 3, s £ 3 y x c"i eT4 e5 1 i m X12'M Sy N 57 11 atiltiw °S iz 1. r u O O 6Zi CZ O 2 N a-If Of Q 4. E E � �1a mryr oc, m p o rild o o•y[1'v N V F ,F.„W O E) (�) {! M 3 N M N_Ih N H{J r O p M P cs — x i t' •r+ y r �c t5� �i Y O .•" T1 p CE e+� �GII1 w x01 3 --' o usi a _ii JJ 7 m p $ z g r g_ui,w 3 c�pjc}3 = ,-I t c' s Z P.' Rh9E ; _ ,D$ID 10 m$ 4 N aRyp s z s m y 'v F S� iQ r v 'c D w ,o 5 C 0 6 6 tZ z O CD Cl) —z O 3 Cl) I- CD Cl) ED D n D CO o m O k �-O = W c W n N v W 14 NEIL ABERCROMBIE * GLENN M.OKIMOTO GOVERNOR 4r tirg,,3 DIRECTOR =i4i,j Deputy Directors JADE T.BUTAY FORD N.FUCHIGAMI RANDY GRUNE JADINE URASAKI STATE OF HAWAII DEPARTMENT OF TRANSPORTATION IN REPLY REFER TO HIGHWAYS DIVISION HWY-H 12-2.0043 HAWAII DISTRICT 50 MAKAALA STREET HILO,HAWAII 96720 TELEPHONE:(808)933-8866 e FAX (808)933-8869 March 6, 2012 Mr. James Leonard JM Leonard Planning, LLC 1100 Ainalako Road Hilo, Hawaii 96720 Dear Mr, Leonard: Construction Plans for Kohala Kai, LLC TMK: 5-9-17: 1-6, and 7 and 8 (Subdivision No. 99-137) Akoni Pule Highway, Project No. A270-01-62 Your plans are approved subject to the following comments: 1. Title Sheet-Provide signature block for reapproval and submit for approval signature, referencing this approval letter number and date. 2. Sheet C-3. Revise Notes for Construction within State Right-of-Way by deleting Note No. 22 (the note is no longer applicable) and by adding the following note: Unless otherwise specified, all references to "Engineer" shall refer to the Hawaii District Engineer, at 50 Makaala Street, Hilo, Hawaii, 96720, or his representative. All references to "traffic" shall include both motorized and non-motorized traffic (including pedestrians and bicyclists), where the context may so apply. 3. Sheet C-3. Revise NPDES Notes by revising Note No. 2 to read as follows: All Contractor(s) involved with any construction project or permit projects within the State Highways right-of-way shall follow the guidelines of the Highways Division's "Construction Best Management Practices Field Manual" and the"Rules Relating to Soil Erosion Standards and Guidelines" of the City and County of Honolulu. Copies of these documents shall be maintained on site at all times. The respective documents may be downloaded from the web sites at http://www.stormwaterhawaii.com/resources/and at http://www.usspecbook.com/files/specs/rules-relating-to-soil-ero si on.pd£ Construction must start within one year of this approval letter date. If it does not,the plans shall be resubmitted for review and approval. EXHIBIT 14 Kohala Kai Construction Plan Approval from State DOT (3/6/12), Mr. James Leonard HWY-H 12-2.0043 March 6, 2012 Page 2 Please submit a copy of this letter with two sets of the final plan and obtain a permit to perform work upon state highways before starting any work within the highway right-of-way, Should you have any questions,please call Mr. Robert Taira at telephone number 933-8866. Very truly yours, .i?AtftktiAn SALVADOR C. 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