ADEPT-12 RESOLUTION 23-146, REQUESTING THE CONSERVATION PLANNING COMMITTEE TO REVIEW AND PROVIDE RECOMMENDATIONS ON THE ACQUISITION OF LAND FOR CONSERVATION PURPOSES (ADEPT-12)
I am testifying in favor of this request for county to take charge and to open public roads (old cane roads)
In the 1850 to 1900 period tiny (a few acres) plots of sugar cane roads were joined to form the mammoth sugar plantations. This ended up including monarchy and eventually county owned roads. These roads were paved and remain in good shape. Hawaiian Commercial and Sugar Company closed the roads illegally to walkers and bicyclists. Mahi Pono recently bought the land. The roads, of course, remain public.
PATH (Public Access Trails Hawaii) has spent over $5000 on research. PATH finds these roads as county owned:
Kihei-Makawao Road
Waiko (Waikapu) Road
Paia Mill Road
Sprecklesville Road
Portion on Kala Road
Sunnyside Road
West Maui - Cane haul roads that runs parallel to Honoapiilani highway.
We are asking Maui county to take charge on the public roads that belong to the public.
These are some examples-
2022 Hawaii Revised Statutes
Title 15. Transportation and Utilities
264. Highways
264-1 Public highways and trails.
https://law.justia.com/codes/hawaii/2013/title-15/chapter-264/section-264-1
West Maui families and their allies, known as Kia’i Kaua’ula, have been demonstrating against West Maui Land Company’s unpermitted utility construction on lands from Waine’e to Launiupoko in Lahaina. Five grandmothers
and mothers were arrested before trenching was stopped in the Halaka’a area. The community is calling for this construction to stop until all appropriate government review occurs, and all land title disputes to both private and public lands are resolved. Construction in the Waine’e area has already disturbed at least one set of human remains.
West Maui Land Company claims that its activities are exempt from county permitting. The county agreed with West Maui Land on the permitting issue. Subsequent to the arrests, however, the county declined to make further arrests of demonstrators when it became clear that ownership of private lands was in dispute.
Community advocates counter that West Maui Land’s claimed exemptions are based on the assumption that it owns all lands through which its utility lines pass. However, the planned path of construction trenching crosses multiple kingdom-era roads: Mill Street, Aholo Road, and Kahaulelio Road. The county argues that it has not accepted ownership of these roads, and West Maui Land appears to be acting like the owner.
This dispute raises a thorny century-long issue. In 1892, Queen Lili’uokalani enacted the Highways Act, declaring all roads — both public and private — to be public roads owned by the kingdom. In the 1940s, the legislature enacted a law that put select roads into the Territorial Highway system owned by the territory, and deemed all other roads to be owned by the counties. Unfortunately, the County of Maui has historically resisted acknowledging ownership of many old government roads, which tend to be located in less populated rural areas.
For over a century, the people of Lahaina regularly used Mill Street, Aholo Road and Kahaulelio Road. This public use changed over the years, especially when the Lahaina-Wailuku Government Road became the realigned Honoapi’ilani Highway. Yet no matter how long it has been unmaintained or infrequently used, a county-owned Highways Act public road can only be closed or abandoned by a majority vote of the County Council. The council has never officially closed or abandoned these roads; they are listed as government roads on tax maps, and continue to be the legal boundary for neighboring parcels. However, there is no question that trenching and laying of utility lines are occurring on these public roads.
The West Maui Community Plan calls for preservation of “ancient trails/old government roads,” as they are an important part of Lahaina’s living history. In any case, no private individual or company has the power to use public lands or roads without approval from the government after appropriate deliberation and review.
The county has the power and the duty to order activities within these public roads stopped until the appropriate archaeological and other reviews have occurred. The county must also deliberate and decide whether to allow a private development company to permanently use these public lands for their developments. That decision cannot be made by department heads or county attorneys, and it certainly can’t be made by West Maui Land’s private executives.
Kia’i Kaua’ula are drawing attention to what can happen when land development does not occur within the framework of comprehensive planning and appropriate review. We join them in asking how the county can ignore and disregard public trust resources such as these public roads, which are also part of the corpus of ceded lands, and a legacy of its Native Hawaiian beneficiaries. The county must step up to its obligations and call a halt to West Maui Land’s imprudent construction until appropriate reviews, approvals and consents are obtained.
Mahalo!
Saman Dias
Chair Maui Bicycling League
808-209-2542
maui@hbl.org
Make a donation
www.mauibike.org
Please we need decent (any) bike paths on Maui. Roads are packed with more & more cars. So dangerous I'm afraid to take my bike out anymore.
In 2023 there are a fraction of the number of bikes on the road compared to 10 years ago. There is no where to ride! E.g, I used to ride my bike from Kihei to Kaanapali once a month before the Lahaina bypass went in. Can't do it now as the road turns into a freeway. I used to ride my bike from Kihei to Wailea regularly. Now the traffic makes it not worth the risk of getting hit on the highway or So Kihei Rd. ... In May my friend was hit on his bike and had to be ambulanced to the hospital.
County roads need to be opened up, bike ways put in. They are very inexpensive compared to highways or over-budgeted useless roundabouts (reference Kulanihakoi roundabout fiasco). Bike paths would cut down on road traffic as well (alternate transportation). Everyday I wish for a bike route thru the open unused land in the middle of Kihei between the hwy and So Kihei Rd. Safe biking, safe jogging. All wasted.
Respectfully,
Lorraine Barrie
Kihei, Maui
I support all these lands designated for preservation. Maui County has a long history of poor planning leading to desecration by development.. Some were developed over wetlands, or lands that were culturally and historically significant. Also, we need more open spaces and parks. It is our moral imperative to protect these lands
July 6, 2023
RE: Resolution 23-146: Oppose TMK: (2)3-9-046:017 (20.88 acres at South Kihei Road)
Dear Chair and Committee members,
My name is Tricia Iwamoto, granddaughter of Dr. Wilbert Yee.
Dr. Wilbert Yee and his brother started Yee’s Orchard in the 1940’s.
Our family has owned and operated Yee’s Orchard for nearly 80 years.
Yee’s Orchard, TMK: (2)3-9-046:017 (20.88 acres at South Kihei Road) is on appendix A of your ADEPT-12 Resolution 23-146.
I oppose Resolution 23-146. Please remove Yee’s Orchard, TMK: (2)3-9-046:017 from your list.
Our farm is not for sale. We have turned down several offers by developers to purchase our property. We have no intentions to develop and plan to remain a farm. We currently have 3 generations of our family working on the farm as well as several employees. We work very hard to provide Maui with locally grown produce.
To be forced to sell our farm to the County would be detrimental to our family as well as the community. Our main crop is mangoes and they thrive in a specific climate and take years to mature, therefore relocation is not a viable option.
To be forced to sell our farm to the County would put us out of business and we would not be able to continue to provide Maui with locally grown produce.
Our family strongly agrees there are flooding problems in Kihei. We have seen Kihei develop around us and the natural flow of water changed and diverted. In addition to preserving the wetlands there have been other community planning meetings we have attended in the past that introduced other options upland to reduce flooding.
My family is strongly against the County acquiring Yee’s Orchard and request our TMK: (2)3-9-046:017 be removed from the list. We are not developers. We are farmers taking care of the land and the community.
Should you have any questions please contact me (808) 242-9159.
Respectfully submitted,
Tricia Iwamoto
Please ask Gabe Johnson to put the following roads before the Conservation Planning Committee:
Kihei-Makawao Road
Waiko (Waikapu) Road
Paia Mill Road
Spreckelsville Road
Portion of Kala Road
Sunnyside Road
This is a wonderful opportunity for these roads to be opened up to the public for walking and biking.
I originate from the UK where we are extremely fortunate to have a network of public right of way even over privately owned land. On bridle ways riding horses is also permitted. Perhaps something similar could be done for these roads on Maui.
Walking and biking is so beneficial for our health, especially on beautiful Maui.
Mahalo.
Sue Elliott, Wailuku
Re: Amendment to Resolution 23-146: Oppose Addition of TMK (2) 3-6-001:018 (256.903 acres at Honoapiilani Highway, Wailuku)
Dear Chair Johnson,
I represent Hope Builders Inc. (“HB”), the fee-owner of the real property identified as TMK (2) 3-6-001:018 (“Parcel 18”). HB opposes the amendment to Resolution 23-146 (the “Amendment”).
First, Resolution 23-146 seeks to conduct a review of certain County-identified lands for the purpose of potential County acquisition. Despite the County’s potential acquisition of privately owned Parcel 18, no specific notice of the County’s intention was provided to owner HB. Nor did the County engage in dialogue with HB regarding the potential acquisition. I understand that specific notice was to have been provided to each owner of land listed in the Resolution. HB did not receive notice.
Second, Maui County Code (“MCC”) Sections 2.82.060, 3.88.020 and 19.47.020 do not give the County the authority to potentially acquire Parcel 18. MCC Section 3.88.020 provides that the Open Space, Natural Resources, Cultural Resources and Scenic Views Preservation Fund (the “Fund”) may only be used for “acquiring lands or property entitlements for land conservation,” including “the following purposes: (1) Public outdoor recreation and education; (2) Preservation of historic or culturally important land areas; (3) Protection of significant habitat or ecosystems, including buffer zones; (4) Preserving forests, beaches, coastal area and agricultural lands; (5) Protecting watershed lands to preserve water quality; (6) Conserving land for the purpose of reducing erosion, floods, landslides, and runoff; and (7) Improving disabled and public access to, and enjoyment of, public land, open space, and recreational facilities.” MCC § 3.88.020. Given the characteristics and land uses of Parcel 18, the County’s acquisition of Parcel 18 would not meet any of these purposes. Accordingly, Parcel 18 cannot be included as land that may be acquired by the County under MCC Sections 2.82.060, 3.88.020 and 19.47.020.
Third, the Amendment seeks to broaden the County’s authority to also “manage” land, including by “establishing a private-public partnership.” However, neither the Amendment nor Resolution 23-146 explain what “management” of lands or the “establishment of private-public partnerships” means or identify the authority that allows the County to “manage” lands or “establish private-public partnerships” in this manner.
Finally, Parcel 18 totals 256.903 acres. It does not seem prudent to expend County funds to pay fair market value for the Parcel. Moreover, pursuant to MCC Section 3.88.020, “the revenues in [the Fund] shall not be used for any purpose except [for the purpose of purchasing or otherwise acquiring lands]” and “no revenues in [the Fund] shall be used for maintenance of lands acquired.” MCC § 3.88.020(C). It is unclear where the County would find the funds for the maintenance and policing for illegal activities that would be necessary.
Should the Committee have any questions, please contact me at (808) 521-9252.
Kihei-Makawao Road
Waiko (Waikapu) Road
Paia Mill Road
Spreckelsville Road
Portion of Kala Road
Sunnyside Road
Allowing these roads to be opened for hiking and biking would greatly benefit the growing number of outdoors enthusiasts. There would be limited new environmental impact to native flora and fauna, or harm to any archeological sites because these roads/paths already exist.
Please find attached a communication from Mr. Bryce Buchanan that I am submitting on his behalf because he was experiencing technical difficulty with the ecomment feature. Mahalo
Aloha, Charlene here with the S. Maui Save the Wetlands Hui. I just received a letter from Bryce Buchanan, an owner of some of the wetland TMK's listed on the agenda. He said he couldn't figure out how to submit this. I will try to attach it here on his behalf. Mahalo
My wife and I own land that is included in this resolution. We are in favor of the overall goal of this resolution. This resolution started off poorly by not informing the people who own the property that is under discussion. It gave the impression of indifference to the property owners.
Other than that oversight, this resolution is a sensible approach to exploring options for improving important wetlands. We have been working with the South Maui Wetland Restoration hui on a plan that would be a very significant wetland improvement. I would like to give the County details about that plan. I have a Word document that explains the restoration plan that I hope to attach to this comment (if there is a way to attach documents). If not, I will find another way to get the proposed restoration plan to you.
Aloha Chair and Committee members,
I am writing to clarify some misinformation recently stated during the meeting regarding Resolution 23-146 and specifically Parcel SF-S (TMK-2-1-008:145). Let me start by saying that I have been the General Manager of the Wailea Community Association for over 22 years and am very familiar with the developed and undeveloped properties in the Planned Urban Development of Wailea.
The SFS property is 23 acres of raw land unsuitable for hiking much less walking a dog. People walk their dogs on the sidewalk that runs along Kapili Street above SFS, with many of those going to the dog park. I can attest to the fact that people do not walk about on the SF-S Parcel as we patrol the area 24/7. Other than the developer, all we have observed there is someone feeding chickens along the sidewalk, occasional invasive deer, and once discovered a ‘chop shop’ hidden in the property with vehicles in various stages of disassembly.
The dog park came about roughly 18 years ago when WCA and County Parks agreed to utilize the park assessments from two parcels under development to develop the 13 acres of existing park land north of SFS. WCA hired a planner to plan for parking, pavilion, trails, etc. The County agreed to earmark the approximate $600,000 from the developers for the park. The plan stopped at the mayor’s desk when he told me they were not doing ‘pocket parks’ anymore and the funds would go to central Maui. WCA went ahead with funds from developers and repaired the irrigation in the soccer field, replaced the fence, added picnic tables, barbeques, and Maui’s first dog park. Like other County property in Wailea, this park is maintained by WCA. This park area needs to be revisited and developed for the Maui community. I received letters and emails from residents in Maui Meadows thanking us for the dog park. Imagine how they would appreciate that parcel being a family park.
So the SF-S Parcel should be removed from the list of lands being considered for acquisition and the County should work on getting Kilohana Park improved as was attempted years ago. We would once again assist in making that happen.
Please contact me should you have further questions.
Frank “Bud” Pikrone
General Manager
Wailea Community Association
Wailea Resort Association
34 Wailea Gateway Place, A-207
Wailea, HI 96753
808-874-6866
gm@wcamaui.com
Bud Pikrone
General Manager
Wailea Community Association
Aloha Chair and Committee members,
I am writing to clarify some misinformation recently stated during the meeting regarding Resolution 23-146 and specifically Parcel SF-S (TMK-2-1-008:145). Let me start by saying that I have been the General Manager of the Wailea Community Association for over 22 years and am very familiar with the developed and undeveloped properties in the Planned Urban Development of Wailea.
The SFS property is 23 acres of raw land unsuitable for hiking much less walking a dog. People walk their dogs on the sidewalk that runs along Kapili Street above SFS, with many of those going to the dog park. I can attest to the fact that people do not walk about on the SF-S Parcel as we patrol the area 24/7. Other than the developer, all we have observed there is someone feeding chickens along the sidewalk, occasional invasive deer, and once discovered a ‘chop shop’ hidden in the property with vehicles in various stages of disassembly.
The dog park came about roughly 18 years ago when WCA and County Parks agreed to utilize the park assessments from two parcels under development to develop the 13 acres of existing park land north of SFS. WCA hired a planner to plan for parking, pavilion, trails, etc. The County agreed to earmark the approximate $600,000 from the developers for the park. The plan stopped at the mayor’s desk when he told me they were not doing ‘pocket parks’ anymore and the funds would go to central Maui. WCA went ahead with funds from developers and repaired the irrigation in the soccer field, replaced the fence, added picnic tables, barbeques, and Maui’s first dog park. Like other County property in Wailea, this park is maintained by WCA. This park area needs to be revisited and developed for the Maui community. I received letters and emails from residents in Maui Meadows thanking us for the dog park. Imagine how they would appreciate that parcel being a family park.
So the SF-S Parcel should be removed from the list of lands being considered for acquisition and the County should work on getting Kilohana Park improved as was attempted years ago. We would once again assist in making that happen.
Please contact me should you have further questions.
I am architect, Mikal Torgerson, and I represent Carole Lefcourte who is the owner of one of the properties you currently have under consideration for acquisition.
I respectfully request that the attached letter be distributed to the committee and made a part of the record. I would also request that public comment be reopened during the continuation of the hearing regarding this matter on July 6, so that those of us that were not given any sort of notification, and have received limited cooperation delving into this matter would be offered the opportunity to publicly comment on this action.
I am testifying in favor of this request for county to take charge and to open public roads (old cane roads)
In the 1850 to 1900 period tiny (a few acres) plots of sugar cane roads were joined to form the mammoth sugar plantations. This ended up including monarchy and eventually county owned roads. These roads were paved and remain in good shape. Hawaiian Commercial and Sugar Company closed the roads illegally to walkers and bicyclists. Mahi Pono recently bought the land. The roads, of course, remain public.
PATH (Public Access Trails Hawaii) has spent over $5000 on research. PATH finds these roads as county owned:
Kihei-Makawao Road
Waiko (Waikapu) Road
Paia Mill Road
Sprecklesville Road
Portion on Kala Road
Sunnyside Road
West Maui - Cane haul roads that runs parallel to Honoapiilani highway.
We are asking Maui county to take charge on the public roads that belong to the public.
These are some examples-
2022 Hawaii Revised Statutes
Title 15. Transportation and Utilities
264. Highways
264-1 Public highways and trails.
https://law.justia.com/codes/hawaii/2013/title-15/chapter-264/section-264-1
West Maui families and their allies, known as Kia’i Kaua’ula, have been demonstrating against West Maui Land Company’s unpermitted utility construction on lands from Waine’e to Launiupoko in Lahaina. Five grandmothers
and mothers were arrested before trenching was stopped in the Halaka’a area. The community is calling for this construction to stop until all appropriate government review occurs, and all land title disputes to both private and public lands are resolved. Construction in the Waine’e area has already disturbed at least one set of human remains.
West Maui Land Company claims that its activities are exempt from county permitting. The county agreed with West Maui Land on the permitting issue. Subsequent to the arrests, however, the county declined to make further arrests of demonstrators when it became clear that ownership of private lands was in dispute.
Community advocates counter that West Maui Land’s claimed exemptions are based on the assumption that it owns all lands through which its utility lines pass. However, the planned path of construction trenching crosses multiple kingdom-era roads: Mill Street, Aholo Road, and Kahaulelio Road. The county argues that it has not accepted ownership of these roads, and West Maui Land appears to be acting like the owner.
This dispute raises a thorny century-long issue. In 1892, Queen Lili’uokalani enacted the Highways Act, declaring all roads — both public and private — to be public roads owned by the kingdom. In the 1940s, the legislature enacted a law that put select roads into the Territorial Highway system owned by the territory, and deemed all other roads to be owned by the counties. Unfortunately, the County of Maui has historically resisted acknowledging ownership of many old government roads, which tend to be located in less populated rural areas.
For over a century, the people of Lahaina regularly used Mill Street, Aholo Road and Kahaulelio Road. This public use changed over the years, especially when the Lahaina-Wailuku Government Road became the realigned Honoapi’ilani Highway. Yet no matter how long it has been unmaintained or infrequently used, a county-owned Highways Act public road can only be closed or abandoned by a majority vote of the County Council. The council has never officially closed or abandoned these roads; they are listed as government roads on tax maps, and continue to be the legal boundary for neighboring parcels. However, there is no question that trenching and laying of utility lines are occurring on these public roads.
The West Maui Community Plan calls for preservation of “ancient trails/old government roads,” as they are an important part of Lahaina’s living history. In any case, no private individual or company has the power to use public lands or roads without approval from the government after appropriate deliberation and review.
The county has the power and the duty to order activities within these public roads stopped until the appropriate archaeological and other reviews have occurred. The county must also deliberate and decide whether to allow a private development company to permanently use these public lands for their developments. That decision cannot be made by department heads or county attorneys, and it certainly can’t be made by West Maui Land’s private executives.
Kia’i Kaua’ula are drawing attention to what can happen when land development does not occur within the framework of comprehensive planning and appropriate review. We join them in asking how the county can ignore and disregard public trust resources such as these public roads, which are also part of the corpus of ceded lands, and a legacy of its Native Hawaiian beneficiaries. The county must step up to its obligations and call a halt to West Maui Land’s imprudent construction until appropriate reviews, approvals and consents are obtained.
Mahalo!
Saman Dias
Chair Maui Bicycling League
808-209-2542
maui@hbl.org
Make a donation
www.mauibike.org
Please we need decent (any) bike paths on Maui. Roads are packed with more & more cars. So dangerous I'm afraid to take my bike out anymore.
In 2023 there are a fraction of the number of bikes on the road compared to 10 years ago. There is no where to ride! E.g, I used to ride my bike from Kihei to Kaanapali once a month before the Lahaina bypass went in. Can't do it now as the road turns into a freeway. I used to ride my bike from Kihei to Wailea regularly. Now the traffic makes it not worth the risk of getting hit on the highway or So Kihei Rd. ... In May my friend was hit on his bike and had to be ambulanced to the hospital.
County roads need to be opened up, bike ways put in. They are very inexpensive compared to highways or over-budgeted useless roundabouts (reference Kulanihakoi roundabout fiasco). Bike paths would cut down on road traffic as well (alternate transportation). Everyday I wish for a bike route thru the open unused land in the middle of Kihei between the hwy and So Kihei Rd. Safe biking, safe jogging. All wasted.
Respectfully,
Lorraine Barrie
Kihei, Maui
I support all these lands designated for preservation. Maui County has a long history of poor planning leading to desecration by development.. Some were developed over wetlands, or lands that were culturally and historically significant. Also, we need more open spaces and parks. It is our moral imperative to protect these lands
Please support Public Access Trails
Kihei-Makawao Road
Waiko (Waikapu) Road
Paia Mill Road
Sprecklesville Road
Portion on Kala Road
Sunnyside Road
Mahalo, Deborah Pozin
Kihei
July 6, 2023
RE: Resolution 23-146: Oppose TMK: (2)3-9-046:017 (20.88 acres at South Kihei Road)
Dear Chair and Committee members,
My name is Tricia Iwamoto, granddaughter of Dr. Wilbert Yee.
Dr. Wilbert Yee and his brother started Yee’s Orchard in the 1940’s.
Our family has owned and operated Yee’s Orchard for nearly 80 years.
Yee’s Orchard, TMK: (2)3-9-046:017 (20.88 acres at South Kihei Road) is on appendix A of your ADEPT-12 Resolution 23-146.
I oppose Resolution 23-146. Please remove Yee’s Orchard, TMK: (2)3-9-046:017 from your list.
Our farm is not for sale. We have turned down several offers by developers to purchase our property. We have no intentions to develop and plan to remain a farm. We currently have 3 generations of our family working on the farm as well as several employees. We work very hard to provide Maui with locally grown produce.
To be forced to sell our farm to the County would be detrimental to our family as well as the community. Our main crop is mangoes and they thrive in a specific climate and take years to mature, therefore relocation is not a viable option.
To be forced to sell our farm to the County would put us out of business and we would not be able to continue to provide Maui with locally grown produce.
Our family strongly agrees there are flooding problems in Kihei. We have seen Kihei develop around us and the natural flow of water changed and diverted. In addition to preserving the wetlands there have been other community planning meetings we have attended in the past that introduced other options upland to reduce flooding.
My family is strongly against the County acquiring Yee’s Orchard and request our TMK: (2)3-9-046:017 be removed from the list. We are not developers. We are farmers taking care of the land and the community.
Should you have any questions please contact me (808) 242-9159.
Respectfully submitted,
Tricia Iwamoto
Please ask Gabe Johnson to put the following roads before the Conservation Planning Committee:
Kihei-Makawao Road
Waiko (Waikapu) Road
Paia Mill Road
Spreckelsville Road
Portion of Kala Road
Sunnyside Road
This is a wonderful opportunity for these roads to be opened up to the public for walking and biking.
I originate from the UK where we are extremely fortunate to have a network of public right of way even over privately owned land. On bridle ways riding horses is also permitted. Perhaps something similar could be done for these roads on Maui.
Walking and biking is so beneficial for our health, especially on beautiful Maui.
Mahalo.
Sue Elliott, Wailuku
Re: Amendment to Resolution 23-146: Oppose Addition of TMK (2) 3-6-001:018 (256.903 acres at Honoapiilani Highway, Wailuku)
Dear Chair Johnson,
I represent Hope Builders Inc. (“HB”), the fee-owner of the real property identified as TMK (2) 3-6-001:018 (“Parcel 18”). HB opposes the amendment to Resolution 23-146 (the “Amendment”).
First, Resolution 23-146 seeks to conduct a review of certain County-identified lands for the purpose of potential County acquisition. Despite the County’s potential acquisition of privately owned Parcel 18, no specific notice of the County’s intention was provided to owner HB. Nor did the County engage in dialogue with HB regarding the potential acquisition. I understand that specific notice was to have been provided to each owner of land listed in the Resolution. HB did not receive notice.
Second, Maui County Code (“MCC”) Sections 2.82.060, 3.88.020 and 19.47.020 do not give the County the authority to potentially acquire Parcel 18. MCC Section 3.88.020 provides that the Open Space, Natural Resources, Cultural Resources and Scenic Views Preservation Fund (the “Fund”) may only be used for “acquiring lands or property entitlements for land conservation,” including “the following purposes: (1) Public outdoor recreation and education; (2) Preservation of historic or culturally important land areas; (3) Protection of significant habitat or ecosystems, including buffer zones; (4) Preserving forests, beaches, coastal area and agricultural lands; (5) Protecting watershed lands to preserve water quality; (6) Conserving land for the purpose of reducing erosion, floods, landslides, and runoff; and (7) Improving disabled and public access to, and enjoyment of, public land, open space, and recreational facilities.” MCC § 3.88.020. Given the characteristics and land uses of Parcel 18, the County’s acquisition of Parcel 18 would not meet any of these purposes. Accordingly, Parcel 18 cannot be included as land that may be acquired by the County under MCC Sections 2.82.060, 3.88.020 and 19.47.020.
Third, the Amendment seeks to broaden the County’s authority to also “manage” land, including by “establishing a private-public partnership.” However, neither the Amendment nor Resolution 23-146 explain what “management” of lands or the “establishment of private-public partnerships” means or identify the authority that allows the County to “manage” lands or “establish private-public partnerships” in this manner.
Finally, Parcel 18 totals 256.903 acres. It does not seem prudent to expend County funds to pay fair market value for the Parcel. Moreover, pursuant to MCC Section 3.88.020, “the revenues in [the Fund] shall not be used for any purpose except [for the purpose of purchasing or otherwise acquiring lands]” and “no revenues in [the Fund] shall be used for maintenance of lands acquired.” MCC § 3.88.020(C). It is unclear where the County would find the funds for the maintenance and policing for illegal activities that would be necessary.
Should the Committee have any questions, please contact me at (808) 521-9252.
Respectfully Submitted,
Darene K. Matsuoka
Kihei-Makawao Road
Waiko (Waikapu) Road
Paia Mill Road
Spreckelsville Road
Portion of Kala Road
Sunnyside Road
Allowing these roads to be opened for hiking and biking would greatly benefit the growing number of outdoors enthusiasts. There would be limited new environmental impact to native flora and fauna, or harm to any archeological sites because these roads/paths already exist.
Mahalo,
Dian Gruber
South Kihei
Please find attached a communication from Mr. Bryce Buchanan that I am submitting on his behalf because he was experiencing technical difficulty with the ecomment feature. Mahalo
Aloha, Charlene here with the S. Maui Save the Wetlands Hui. I just received a letter from Bryce Buchanan, an owner of some of the wetland TMK's listed on the agenda. He said he couldn't figure out how to submit this. I will try to attach it here on his behalf. Mahalo
My wife and I own land that is included in this resolution. We are in favor of the overall goal of this resolution. This resolution started off poorly by not informing the people who own the property that is under discussion. It gave the impression of indifference to the property owners.
Other than that oversight, this resolution is a sensible approach to exploring options for improving important wetlands. We have been working with the South Maui Wetland Restoration hui on a plan that would be a very significant wetland improvement. I would like to give the County details about that plan. I have a Word document that explains the restoration plan that I hope to attach to this comment (if there is a way to attach documents). If not, I will find another way to get the proposed restoration plan to you.
Bryce Buchanan
Aloha Chair and Committee members,
I am writing to clarify some misinformation recently stated during the meeting regarding Resolution 23-146 and specifically Parcel SF-S (TMK-2-1-008:145). Let me start by saying that I have been the General Manager of the Wailea Community Association for over 22 years and am very familiar with the developed and undeveloped properties in the Planned Urban Development of Wailea.
The SFS property is 23 acres of raw land unsuitable for hiking much less walking a dog. People walk their dogs on the sidewalk that runs along Kapili Street above SFS, with many of those going to the dog park. I can attest to the fact that people do not walk about on the SF-S Parcel as we patrol the area 24/7. Other than the developer, all we have observed there is someone feeding chickens along the sidewalk, occasional invasive deer, and once discovered a ‘chop shop’ hidden in the property with vehicles in various stages of disassembly.
The dog park came about roughly 18 years ago when WCA and County Parks agreed to utilize the park assessments from two parcels under development to develop the 13 acres of existing park land north of SFS. WCA hired a planner to plan for parking, pavilion, trails, etc. The County agreed to earmark the approximate $600,000 from the developers for the park. The plan stopped at the mayor’s desk when he told me they were not doing ‘pocket parks’ anymore and the funds would go to central Maui. WCA went ahead with funds from developers and repaired the irrigation in the soccer field, replaced the fence, added picnic tables, barbeques, and Maui’s first dog park. Like other County property in Wailea, this park is maintained by WCA. This park area needs to be revisited and developed for the Maui community. I received letters and emails from residents in Maui Meadows thanking us for the dog park. Imagine how they would appreciate that parcel being a family park.
So the SF-S Parcel should be removed from the list of lands being considered for acquisition and the County should work on getting Kilohana Park improved as was attempted years ago. We would once again assist in making that happen.
Please contact me should you have further questions.
Frank “Bud” Pikrone
General Manager
Wailea Community Association
Wailea Resort Association
34 Wailea Gateway Place, A-207
Wailea, HI 96753
808-874-6866
gm@wcamaui.com
Bud Pikrone
General Manager
Wailea Community Association
Aloha Chair and Committee members,
I am writing to clarify some misinformation recently stated during the meeting regarding Resolution 23-146 and specifically Parcel SF-S (TMK-2-1-008:145). Let me start by saying that I have been the General Manager of the Wailea Community Association for over 22 years and am very familiar with the developed and undeveloped properties in the Planned Urban Development of Wailea.
The SFS property is 23 acres of raw land unsuitable for hiking much less walking a dog. People walk their dogs on the sidewalk that runs along Kapili Street above SFS, with many of those going to the dog park. I can attest to the fact that people do not walk about on the SF-S Parcel as we patrol the area 24/7. Other than the developer, all we have observed there is someone feeding chickens along the sidewalk, occasional invasive deer, and once discovered a ‘chop shop’ hidden in the property with vehicles in various stages of disassembly.
The dog park came about roughly 18 years ago when WCA and County Parks agreed to utilize the park assessments from two parcels under development to develop the 13 acres of existing park land north of SFS. WCA hired a planner to plan for parking, pavilion, trails, etc. The County agreed to earmark the approximate $600,000 from the developers for the park. The plan stopped at the mayor’s desk when he told me they were not doing ‘pocket parks’ anymore and the funds would go to central Maui. WCA went ahead with funds from developers and repaired the irrigation in the soccer field, replaced the fence, added picnic tables, barbeques, and Maui’s first dog park. Like other County property in Wailea, this park is maintained by WCA. This park area needs to be revisited and developed for the Maui community. I received letters and emails from residents in Maui Meadows thanking us for the dog park. Imagine how they would appreciate that parcel being a family park.
So the SF-S Parcel should be removed from the list of lands being considered for acquisition and the County should work on getting Kilohana Park improved as was attempted years ago. We would once again assist in making that happen.
Please contact me should you have further questions.
Aloha Chair Johnson and Committee members;
I am architect, Mikal Torgerson, and I represent Carole Lefcourte who is the owner of one of the properties you currently have under consideration for acquisition.
I respectfully request that the attached letter be distributed to the committee and made a part of the record. I would also request that public comment be reopened during the continuation of the hearing regarding this matter on July 6, so that those of us that were not given any sort of notification, and have received limited cooperation delving into this matter would be offered the opportunity to publicly comment on this action.
Sincerely,
Mikal Torgerson
Architect/ Planner