HomeMy WebLinkAboutCommunication No. 2017-08- Access Group Notes AugustCommunication no. 2017-8
North Kohala Community Access Group
August 2, 2017 (Hisaoka Gym -Arts room 4:30pm)
Participants: Jack Hoyt, Aric Arakaki, David Tarnas, Joe Carvalho, Beth Robinson, Teri Takata,
Keith Wallis, Debbie Chang, Toni Withington, Ted Matsuda.
❖ Pololu Lookout
➢ The core group is still working with government agencies to address the problems.
➢ Surety Kohala may still be willing to participate in solving some of the problems.
•'• Akoakoa Point
• ➢ NSTR (nothing significant to report).
❖ Niulii
➢ Toni & Fred met with Kohala Center representatives to discuss some concerns of their
property.
■ They leased some lands to a goat herder to keep the grasses down.
o The lease covered the old sugar company turn table with soil.
■ Kohala Center will report back to Toni if any there are any legal ramifications.
❖ Hapu'u — Kapanaia
➢ PONC is in negotiations with the landowners to purchase the following properties.
■ Hapu'u (Charlie) — the county will purchase with PONC funds.
■ Kapanaia (Pacific Plains) — PONC will need matching funds.
o State Legacy Land Conservation Program will have very little funding this year.
•'• Halelua
• ➢ NSTR - Need update from county planning department.
•'• Kauhola Point
• ➢ NSTR
•'• Pahoa Beach
• ➢ NSTR - Need update from county planning department
❖ Upolu Airport East
➢ NSTR- Need update from county planning department
❖ Upolu Airport Restoration
➢ NSTR
❖ Puakea Bay Ranch
➢ NSTR.
•'• Kukuipahu
• ➢ Parker Ranch has foreclosed on the landowner that purchased it.
❖ Lamalaloa - South of Lapakahi
➢ The landowner may submit a Letter of intent to PONC for the public purchase.
•'• Kaiholena
• ➢ An ROE (right of entry) is being drafted between the County of Hawaii and the Ala Kahakai
Trail Association.
➢ Kohala Lihikai will apply for management funds from the PONC.
➢ There are 2 wells on this property.
❖ Kohala Shoreline LLC
➢ NSTR - Need update from county planning department.
❖ Kohala Kai
➢ NSTR.
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Communication no. 2017-8
❖ Kohala Waterfront
➢ NSTR - Need update from county planning department.
❖ Rails to Trails
➢ NSTR.
❖ New Items
➢ Jack will talk about the access group status at out next meeting.
➢ HRS 708-814 (criminal trespass) and Senate Bill 895 (amending HRS 708-814) Debbie Chang
gave presentation.
■ Purpose of this bill.
o The intent of this bill was to stop squatting by the homeless on public land, &
agriculture theft & trespassing.
■ What existing laws say & what was approved this year.
o This is an existing law." Section 28-2 H.R.S. provides, "The attorney general shall be
vigilant and active in detecting offenders against the laws of the State, and shall
prosecute the same with diligence." and "...the attorney general shall likewise be
diligent in prosecuting all persons who may obstruct any street, channel, harbor, wharf,
or other highway, etc."
o Senate Bill 895 (which authorizes the posting of no trespassing signs on unfenced or
unenclosed government, agricultural lands) was approved in this year's legislative
session. It does state that Native Hawaiian traditional and customary rights will not be
affected by this law.
o By including unfenced or unenclosed government, agricultural lands, the bill is making
it possible to post no trespassing signs on lands containing old government roads and
public trails. The law (HRS 708-814) makes it "criminal trespassing" to ignore the no
trespassing signs.
■ What the State's Attorney General (AG) & Suzanne Case said?
They indicate that no private landowner has the right to block old government roads and
government-owned trails. They do not know of any problems where the public is being
stopped from using old government roads or government owned trails. Lingering
questions: what are the best ways to get answers to these questions?
o Legislators or a core group of legislators should ask the attorney general to address the
lingering questions in the annual report required of the AG.
■ How does a citation for criminal trespass show up in a background check?
o It is a criminal trespass in the 2nd degree offense.
■ Should the law clearly exempt Native Hawaiian rights & public rights to access
government-owned trails and roads?
o Can a non -Native Hawaiian be arrested for trespassing if he/she is accompanying a
Native Hawaiian who is exercising his/her gathering rights?
■ Should the "no trespassing" signs be required to include what the exemptions are?
■ If the law is not clarified, will people have to go through the court process (hire attorneys
etc.) to defend themselves if they are arrested for if using a
public trail or road?
■ If a known public trail needs to be surveyed to determine its actual location, can the
surveyors be cited for criminal trespass (if a private landowner doesn't give permission for
the public trail to be surveyed)?
❖ Next meeting
➢ September 6„ 2017 starting 4:30pm at Hisaoka Gym arts room.
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