HomeMy WebLinkAbout03_23_2022 Public hearing minutes on BILL 2848PUBLIC HEARING
MARCH 23, 2022
A public hearing of the Council of the County of Kaua`i was called to order by
Arryl Kaneshiro, Chair, Committee of the Whole, March 23, 2022, at 9:01 a.m., at the
Council Chambers, 4396 Rice Street, Suite 201, Historic County Building, Lihu`e, and
the presence of the following was noted:
Honorable Bernard P. Carvalho, Jr.
Honorable Mason K. Chock
Honorable Felicia Cowden
Honorable Bill DeCosta
Honorable Luke A. Evslin
Honorable KipuKai Kuali`i
Honorable Arryl Kaneshiro
Committee Chair Kaneshiro:Please note that we will run today's
meeting pursuant to the Governor David Y. Ige's Emergency Proclamation Related
to COVID-19 (Omicron Variant) with the most recent relating to the Sunshine Law
dated January 26, 2022.
The Clerk read the notice of the public hearing on the following:
Bill No. 2848 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2021-877, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII,
FOR THE FISCAL YEAR JULY 1, 2021 THROUGH JUNE 30, 2022, BY
REVISING THE AMOUNTS ESTIMATED IN THE PUBLIC ACCESS, OPEN
SPACE, NATURAL RESOURCES PRESERVATION FUND (Kaumumene
Hideaways Beach) Operating Budget— $1,500,000.00),"
which was passed on first reading and ordered to print by the Council of the County
of Kaua`i on February 23, 2022, and published in The Garden Island newspaper on
March 3, 2022.
The following communication was received for the record:
1. Cummings, Roslyn, dated March 21, 2022
Pursuant to Governor David Y. Ige's Emergency Proclamation Related to
COVID-19 (Omicron Variant) dated January 26, 2022, public testimony was taken at
the beginning of the day and as follows:
Council Chair Kaneshiro: Is Roslyn Cummings on?
PUBLIC HEARING 2 MARCH 23, 2022
BILL NO. 2848
ROSLYN CUMMINGS (via remote technology): Aloha kakou, yes I am
here.
Committee Chair Kaneshiro: Hi, Roslyn. You are here to testify on Bill
No. 2848. You heard the instructions. You have a total of six (6) minutes. We have
a light if you can see it. It is green. It will turn yellow when you have thirty (30)
seconds, and red when your time is up. I will let you know when you have thirty (30)
seconds so you can summarize if you need it. Go ahead with your testimony.
Ms. Cummings: I am sorry, I just got on. What agenda item
are you on?
Committee Chair Kaneshiro: I have you down for the Hideaways beach
access.
Ms. Cummings: Yes, that is the one. Is there a lawyer in this
meeting?
Committee Chair Kaneshiro: We have our County Attorney who is on
virtually.
Ms. Cummings: Okay, perfect. I will go ahead and start my
six (6) minutes now. Aloha kakou, ko`u inoa Roslyn Nicole Maunawaiakea. Malama
mai Cummings. I am married to a Cummings. Noho makou Kalaheo ahupua`a. I
am currently sitting in the Kalaheo ahupua a. He aina Hawai`i. I am a Hawai`i. I
would like to speak on behalf of this agenda meeting to bring forth the issues that are
ongoing, not just for myself as a Kanaka Maoli, wahine maoli, but just for kanaka
people in general. We all come from different backgrounds and have different
experiences with this. I want the County to be aware...first of all I would you all to
know that I tried E-mailing and contacting every single one of you as Members in
regard to these access issues. As a cultural practitioner and someone who is very
familiar with burials, you need to know that if we can have a common ground to
protect these areas. One reason I am on here is because I am in protection of an area
called Makahuena. Yes, we have access there, but currently there are ten (10) luxury
homes coming up. I would like the public to know in the hope that you can help me
and those willing to advocate in protection of the burial sites of none other than
Kukona. Manokalanipo's son is there as well. There is a large burial cave
underground and so when I access that area, there is a walkway or pathway, but
sometimes when I go there, there is a wall. On the other side of the wall is where the
homes are coming up. There is an old heiau over there, so I have to do my prayers in
that one area. Another one is Mand'ulepu. I park my truck over at CJM Country
Stables and I walk all the way down. I have seven (7) kids and they are all
healthy. We can all walk. For me to carry my protocol with me and to go all the way
down to Mand'ulepu, because there is a pa, over there that has other burials that will
get affected with upcoming development again. All these development plans are
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BILL NO. 2848
affecting not only my access as a Kanaka Maoli, our children, but the kanaka people,
including fishermen, practitioners, and families in general. This is not just on the
South Side area, but also on the North Shore. Sheraton is another area that we have
burials all over that area. We have minimal parking. I literally have to wake up at
8:00 a.m. to drive down there and be down there no later than 9:00 a.m. to have access
to park and walk in a place that is overflowed with people. I have nothing against
tourism. I think the County really needs to take into consideration all of these
agendas. I see a lot of it pertains to infrastructure. I get the part where you are
getting funding to help with the infrastructure. Also, with this comes the red flag of
development. I would like to speak on behalf of Kukui`ula when that one comes
up. When it comes to public access, I took a lot of notes about this. For me, public,
here in Hawai`i, is the Kanaka Maoli people. There is a law that requires you to make
sure that we are taken care of. It does not make us any better than anyone else, but
in Hawai`i, we are a little different from the United States of America as far as states
go. Public trust is Kanaka Maoli. All of that land sits in trust for the Kanaka Maoli
people. I want you to keep that in mind. It is a law. When it comes to access even
places like Polihale. My grandfather is going to turn eighty (80) years old on
Saturday. He can name every area, fishpond, river, stream, part of the ahupua`a on
that side. I cannot take him for his birthday this weekend where we can camp and
enjoy that area, because there is no public access. Why, because I am told that the
road area is closed through the State. The County needs to work something out with
Kanaka Maoli families like they did on the North Shore. What they are doing on the
North Shore as far as preservation goes needs to happen across-the-board for our
people. My husband, he works all the time and, on his days, off, he cannot enjoy his
moments, because we have to get up really early to get to where we are going just to
get a spot to enjoy our day before everybody else comes in. I am not asking for a
miracle. I am just asking for some kind of a common ground where we can meet. The
Kaua`i County, I see a triad or a pyramid. You sit pretty high up on that triad. You
have every political power to help make changes for the betterment of our
people. That is what I see in all of this. It is about sustainability, our access, our
happiness, and our enjoyment. As the working class, I feel that we should be able to
enjoy these places. I get it that Koke`e is State land and the County has minimal say
over that. All throughout across-the-board, north, south, east, and west, we are
seeing a high amount of loss to our accesses. Mahalo for your time.
Committee Chair Kaneshiro: Thank you, Roslyn. I have one (1) follow-up
question from Councilmember Cowden. I have a quick follow-up question. For that
Hideaways beach access, are you in favor of us perpetuating that access down to the
beach, right?
Ms. Cummings: Correct.
Committee Chair Kaneshiro: Okay, thanks. I have a clarifying question
from Councilmember Cowden.
PUBLIC HEARING 4 MARCH 23, 2022
BILL NO. 2848
Councilmember Cowden: I had the same question as you. I just wanted
to know whether you support what we are doing at Hideaways since that is directly
what this is. Yes, okay.
Ms. Cummings: When it comes to Hideaways, how many of
you know how many parking stalls leads to the access to Hideaways?
Councilmember Cowden: Not enough. There are about eight (8) or
nine (9).
Ms. Cummings: I counted ten (10). I went there recently to
count. There are ten (10) parking stalls. I also did a little study. You have to be
there at least by 8:00 a.m. if not, by 9:00 a.m. or 10:00 a.m., it all gets filled up.
Committee Chair Kaneshiro: I have a follow-up question from Council Vice
Chair Chock.
Councilmember Chock: Mahalo, Roslyn. I think you answered my
question. Your main concern and what you want us to advocate for is more parking
to the access points, correct?
Ms. Cummings: Correct.
Councilmember Chock: Okay. Mahalo nui.
Committee Chair Kaneshiro: Are there any further questions from the
Members? Roslyn, stay on. You wanted to testify on the Kukui`ula CFD, right?
Ms. Cummings: Yes, and I also wanted to talk about the
infrastructure grant that you are requesting for the Koloa area. That is what I
wanted to talk about. Can I also ask, does this limit access if you wanted to take our
horse down into these places? Do you know any stipulation of us being able to ride
our horses down on what is called public access?
Committee Chair Kaneshiro: Regarding Hideaways, I do not know if
anybody rode their horse down there before. I think you have to look at the safety of
that. I do not believe it is a horse-access trail. I think it is more for pedestrians. I
think it might be a little bit dangerous. In the past, it was really dangerous even for
a pedestrian to walk down. That is why we are trying to perpetuate and maintain an
improved access.
Ms. Cummings: Okay. If my son, who rides his horse
everywhere wanted to tie his horse there and walk down, then that should be fine? I
am just trying to figure out the limitations of what we have available to access these
PUBLIC HEARING 5 MARCH 23, 2022
BILL NO. 2848
places without having to drive. I am trying to make a point why driving and parking
is important as well.
Committee Chair Kaneshiro: Okay. Note taken.
The hearing proceeded as follows:
Written testimony was received and a registered speaker requested to testify
regarding this agenda item.)
Committee Chair Kaneshiro: We received one (1) piece of written testimony
and one (1) speaker this morning. Given that, this public hearing is now adjourned.
There being no further testimony on this matter, the public hearing adjourned
at 9:03 a.m.
Res ectfully submitted,
4
JAD610,
FOUNTAIN-TANIGAWA
Count lerk
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