Hawaii Becoming the Hamptons?

In her "Under the Sun" column for the Star-Bulletin, Cynthia Oi wrote this timely piece on beach access:

Hawaii is going private with public beaches

THE woman stepped back from her car wedged in a space along the lane that led to the beach. Tilting her head, she examined a window where a sticker similar to one that would permit parking was obscured by tall grass. It would pass casual inspection, she figured.

She glanced at the other cars and decided her silver Saab didn't look out of place among the Beemers and baby Benzes along the road. Only then did we set out for the shoreline to lunch on sandwiches and lemonade, a couple of outlaws with no right to sit on the fine, white sand and watch the Atlantic waves sweep in.

That's how it is in the Hamptons, the summer playground of the rich and richer, where "beach cottages" the size of community college buildings stretch across the Long Island coast, and their owners vigilantly defend the oceanfront against intruders.

Heaven forbid that cooks and waitresses who prepare and serve their gourmet meals in charming restaurants, the hardware store clerk who delivers applewood charcoal for their barbecues or the nurseryman who switches out fully grown trees on their estates to suit current garden trends should sunbathe on the same sand.

That's not how it is in Hawaii, or at least not how it's supposed to be. Access to the ocean is the law of our land, yet more and more public shorelines are being privatized...

To read the entire column, please go to:

http://starbulletin.com/2008/03/26/editorial/oi.html

Maui Success Story

Nice article in today's Star-Bulletin about a Maui woman's efforts to keep open beach access:

WOMAN WINS FIGHT FOR PUBLIC BEACH
By Gary T. Kubota

PAIA, Maui... Christina "Uma" Hemming said she felt she needed to do something when she learned that an urban development would have blocked people from getting from the shores of Paia town to Baldwin Beach Park. "I called, I wrote, I hassled," recalled Hemming.

Some eight years later, Hemming's fight has led Maui County to authorize the final purchase of the parcel known as Montana Beach Condominiums for public beach use. The Maui County Council authorized the purchase of the final part of a 5-acre parcel in January. The Council also approved the payment of $85,000 to Hemming and the Hawaiian group Hui Alanui O Makena for attorneys' fees and court costs. Hui Alanui official Dana Naone Hall said Hemming's persistence made a difference...

To read the rest, please go to www.starbulletin.com:
http://starbulletin.com/2008/03/25/news/story09.html

Turtle Bay News

Received this update from Kathleen Pahinui of the Koolauloa North Shore Alliance:

Aloha Alliance Members -

We are still awaiting the referral of SB2423 SD2 HD1 (bill to acquire TBR and associated lands) to the Finance Committee in the House. We fully expect it will be scheduled and will send you information on when to testify when available.

Oral Arguments for Keep The North Shore Country appeal will be heard on April 9th at the Supreme Court. Kuilima Resort Corp. requested a delay until June for orals; KNSC opposed a delay, the Intermediate Court of Appeals concurred and rejected their request for a delay. In addition the Conservation Council submitted an amicus brief in support with focus on the endangered monk seal.

TURTLE BAY ADVISORY WORKING GROUP E-UPDATE - March 21, 2008

Communicate With Us
Residents should visit www.hawaii.gov/gov/turtlebay for news, meeting minutes, legislative progress, video of the community talk story and much more. The group welcomes the public's ideas and feedback. You can email the TBAWG and ask to receive regular updates at TurtleBayAWG@gmail.com .

Legislation Update
Support for three bills currently moving through the Legislature is important to ensure that the Governor has the full range of negotiating tools available as discussions with the owners, creditors, partners and community move forward.

Acquisition Tools Bill. The bill authorizing the Governor to acquire the Turtle Bay property, through a variety of tools, is moving forward in the House. SB2423 SD2 HD1 passed out of the full Senate, passed through two House committees, and is awaiting hearing by the House Finance Committee.

Land Conservation Fund Flexibility. SB3102 SD2 adds flexibility to DLNR's land conservation fund by allowing public and private moneys to be added and distributed as grants for the acquisition of state conservation lands. This bill passed the Senate, passed through a House committee, and is awaiting hearing by the House Finance Committee.

Transferable Development Rights. SB2997 SD1 would have provided an innovative new mechanism (already used in other states) for the transfer of development rights (TDRs), adding another important tool for preserving valuable undeveloped land. The TDR bill passed the Senate (version SD1) but was recently changed by a House committee (version HD1) to remove TDRs. Discussions are ongoing about this bill now pending before the House Judiciary Committee.

You are encouraged to contact state legislators to express support for these measures. Visit www.capitol.hawaii.gov , go to "Bill Status & Documents," and check for updated versions of the bills, status, and current hearing notices with instructions on how to submit testimony.

Next meeting of the working group is Wednesday, April 2, 2008, 10:00 a.m.

Military Beach Opening to Public

After months of negotiations between the Navy and community leaders, the military has decided to allow public access to Iroquois Point Beach. For details on that story, here's the links for the Honolulu Advertiser and Star-Bulletin articles.

The public's reaction? Sadly, it's pretty negative -- at least on the newspaper comment blogs. Both locals and military are posting messages that the beach will now be trashed because it's open to the public. But banning residents from our own beaches is not the answer to littering problems or vandalism.

While the Iroquois Point Beach opening is encouraging, it should be noted that there are other military-controlled beaches throughout the islands that remain off limits to surfers, fishermen, and residents.

"The Wearing of the Green"

In keeping with our holiday photo theme, Bob and Trudy Moncrief posed for a St. Patrick's Day picture next to the infamous green gate on L'Orange Place. They were the only ones on that block to publicly speak in opposition of that gate, and have been ostracized by the other homeowners ever since.

The Irish folk song, "The Wearing of the Green" is associated with St. Paddy. But it's really a song about rebellion against tyranny and a call for independence. It's a song about freedom. The Moncriefs exercised their freedom of speech rights, and are being punished for it by their neighbors on L'Orange Place, who don't believe in free beach access in Hawaii... well, at least not on their street. Or the streets to the left and right of them. Doesn't that create a private beach area, in effect? Which is illegal in this state, since all beaches in Hawaii belong to the public.

LEGISLATIVE UPDATE: The Senate Water and Land Committee is having a hearing Tues., March 18 on HB839, a bill that would direct the Dept. of Land and Natural Resources to do a comprehensive survey of public beach accesses throughout the state. We support this bill and want it amended to identify where ADDITIONAL rights of way are needed. This could be an important step forward in getting the State and counties to work together on solutions, instead of passing the buck back and forth.

To find out more, please go to the Hawaii State Legislature site: http://www.capitol.hawaii.gov/site1/docs/docs.asp and type in HB839.

Offensive Signs?

We don't condone the defacement of signs or property. Graffiti is a blight in Kailua. But I confess the above modification of the "Stop" sign did make me smile. The words below it were removed a couple of weeks ago. However, take a look at all those signs in the background on the corner of L'Orange Place and Kalaheo Avenue.

What's more offensive? The "Stop Blocking Beach Access" sign -- or all those ugly "Keep Out" type signs that say PRIVATE PROPERTY, NO TRESPASSING and NO BEACH ACCESS, which have become a visual blight throughout the islands.

Kalaheo Avenue Safety Update

Back on Dec. 20 we posted a photo on this site showing how dangerous parts of Kalaheo Avenue are for people trying to get to the public beach accesses, since they can no longer use "private" rights of way right across the street from where they live. Those pictures were also sent to City Council Chair Barbara Marshall and the Kailua Neighborhood Board, with a request that the appropriate department be contacted to do something about the unsafe road shoulders.

We warned that it was an accident waiting to happen. On Feb. 9, a woman bicyclist was hit by a car at the south end of Kalaheo Avenue, where residents say the path is less than a foot wide -- just like in the photo we posted on Dec. 20 (taken near L'Orange Place at the north end). Fortunately, the woman survived, which is probably why it didn't make the news.

After we alerted Councilwoman Marshall to the accident and asked again if anyone was contacted about the narrow road shoulder situation, her assistant confirmed that they did get a response from the City Dept. of Planning and Permitting. According to the DPP, it is the responsibility of the HOMEOWNERS who live next to the "unimproved sidewalk" areas (meaning the bike/walking lane) to maintain road shoulders!

In other words, once again the City says it's not their job to make the road safe for residents who have to walk further and further just to find a public right of way to the beach. However, the DDP is supposedly going to notify those homeowners that they must do something about their property if it is encroaching into the walking path areas.

So rather than wait for someone to be killed by a speeding car, we're going to look into whether volunteers from BAH can try to clean up and fix some of the worst spots along Kalaheo Avenue on our own. But the City will probably tell us we need a permit to do that, I bet.

Turtle Bay Talk by Lingle on March 4

Gov. Lingle has proposed that the State acquire Kawela Bay to preserve the area and avert the controversial expansion plans for the Turtle Bay resort. If you would like to carpool to her Talk Story session on Tues., March 4, 6:30 -8:30 pm at Kahuku High School please contact Surfrider Foundation's Kory Payne at spinandshift@yahoo.com or call him at 457-8622. Let us know if you can drive or need a ride, and we'll put you in touch with someone in your area.

Several of BAH's allies who joined with us for our statewide Groundhog Day Beach Rally event have been instrumental in taking the lead on this effort to protect the North Shore from overdevelopment. There are now 20 organizations in the Koolauloa-North Shore Alliance, which was formed to share and communicate information about the Kawela Bay initiative.

Although much has to be worked out on the details of acquiring this property, we believe now is the time to have serious discussions about the Governor's bold proposal.