La`au Point

“The Plan” and West Molokai Growth Issues (Part III)

Monday, October 29th, 2007

Molokai Ranch Conservation Easements/ More questions than answers

I found it quite interesting that in response to my first article in this series, Mr. Orodenker claimed that my conclusions in regard to Molokai Ranch’s conservation easements were incorrect.  What is ironic is that his claim was based on my failure to include information that is not yet available to anyone else except the Ranch. My article was based solely on the maps, terms and legal definitions provided to the public by Molokai Ranch in its La‘au Point EIS.

 

If and when the easement documents that Mr Orodenker speaks of are actually prepared and made public, and if they prove that restrictions will be placed on these Conservation Easement lands, then my opinion about the Ranch’s plans will change accordingly.  But for now, no one has any proof that the Ranch’s proposed easements will really protect the lands that they now classify as “rural” (the same classification they are asking the LUC to approve for La‘au and its proposed 200 homes).  Nor does anyone have any proof that the Ranch’s easements would protect lands classified as “agricultural.”  Mr. Orodenker does say that “agricultural support structures” will be allowed on those lands, but again, state law includes “farm dwellings” in the definition of agricultural support structures.  As I mentioned in my last article, all of the homes built at Kaluakoi and Kawela are classified as farm dwellings.

 

As for the Ranch’s promise that the community can rely on the Molokai Land Trust to protect these lands under easements to the Trust, the following excerpt from the Department of Interior may help to bring more clarity into this issue:

 

“When private owners place their land in a conservation easement, they do not necessarily have to give up control of the land. The landowner retains the rights to use the land, sell the property to another party or deed it to heirs. The property remains privately owned and subject to county property taxes, but landowners who donate an easement typically realize significant state and federal income tax benefits. In many cases, the fair market value of the land donated is considered a tax-deductible donation. These tax benefits are often substantial for landowners who donate land or a conservation easement to a Land Trust. Also, conservation easements do not necessarily mean that land must be locked away. Each easement is as unique as the landscape it preserves and most include concessions to modernity and its financial pressures. Depending on the size and character of the land, easements may allow selective timbering, agricultural use, maintenance of water impoundments, hunting and fishing and even the construction of new homes.”

 

 Taking into consideration the varied possibilities in which these lands can be used and also recognizing that no public documents exist demonstrating easement restrictions on these lands, it is fair and reasonable to say that the community has every right to question the intended usage of Molokai Ranch’s  proposed conservation easements.

Molokai’s OHA Meeting – A First Hand Account

Thursday, October 25th, 2007

should have been here already. These types of things tend to make people think ‘this is not Pono’" said Solotario as he crossed to his car.

Flight #1152 did indeed make it to Molokai but the absent trustees were not on it. With four board members present the official quorum was not met meaning the meeting would not be official. Trustee Robert Klein put it simply, "you’re here, so we're gong to have an off the record discussion.... an unrecorded talk-story."

At 7:05 the "talk-story" began with 9 people signed up to speak . First up was Lori Buchannan on behalf of Aka`ula School joined by two students and teacher Vikki Newberry. They shared a mahalo and appreciation to the board of trustees for providing funding for the school. Seventh grade Aka`ula student Michael Kikukawa read a letter he had written to the Board thanking them for enabling him to experience the culture and history of his island home.

 

Trustee Machado gave credit to Aka`ula school for having 12 of their students be accepted into Kamehameha Schools. Machado said that Newberry "is an asset to our people".

 

Gail Crabbe, RN from Molokai General Hospital presented information to the board as well as the public about a new medical treatment for "Ice," crystal meth-amphetamine addiction. "This program is all over Europe, Mainland US, and is now in Hawaii. Crabbe said. “We need to demand of OHA and Aloha Care that we be included in this pilot study. She said that the drug was a major problem and that the program was badly need on Molokai.

At 7:30 p.m. Walter Ritte took the mic and explained how in the 1970's he had helped to form OHA and was one of its first trustees garnering the most votes in the election. Ritte said that more than 20,000 Hawaiians gathered at Iolani Palace to fight for the rights of Hawaiian people. He recalled being inspired by Senator D. Inouye shouting "Brown Power" to the gathered crow.

 

Putting the memories aside, Ritte, respected community member, leader, loved parent and kupuna stood to the microphone and announced, "This is the saddest day of my life. After all of the dreams that we had of what this office would do for Hawaiians.... not one word in response regarding La'au Point has been heard from OHA. We asked if they would stay neutral on La'au…. One year has gone by and not one word."

 

Ritte said that OHA granting $100,000 to the Molokai Land Trust" just adds insult to injury."

 

He then quietly turned to the people and said " I ask that we just go home " . It was 7:40 pm.

Several people in the croud shouted things such as Resign ! This is B.S. This is Trash! In about 60 seconds the crowd went from over 100 to about 20 or 30. Trustee Machado addressed those remaining with a strong scolding for those that chose to leave.

 

She said, "You maha'oe, you may be critical of me and how much I've done for this community but maka'ala (open your eyes). Hila Hila, you come out here and show your okole ? You red-shirt community, to show this to our colleagues? Shame on you. You Poho your okole and walk away like spoiled brats. Yet you still ask OHA to support your endeavors. If you feel that you can not support OHA, so be it. "

Trustee Apoliona responded to Ritte's comment on total lack of response from OHA regarding the request to stay neutral on the La`au issue. Apoliona claimed that a response was written to Bridget Mowat.

 

Mowat was still in attendance and stated that the letter was addressed to her personally and was not public information.

MPL's John Sabas was next to step up. He says the Ranch's EIS should be done by November 1st or 2nd.

Moke Kim spoke on behalf of the Homestead Farmers Alliance. His agenda was to assure representation by OHA for the restructuring of resolution #1705 of the MIS Molokai Irrigation System. Trustee Machado spoke of OHA providing over 1/2 of the funding for the MIS. She said that "the Alliance will be represented ".

Cora Schnakenberg  Stepped closed the meeting with straight forward questions. "How are you basing your decision to give $100,000 to the Molokai Land Trust? How are you making fair judgment on what Molokai wants? How are you getting your information?

 

The Board responded by saying they get their information from "the community."

 

"Your professionalism and faithfulness in representing us is lacking" said Schnackenberg  in response.

OHA recipients mentioned were: Molokai High and Middle School $22,000. Kualapu'u School, $310,000. Akaula School $125,000, Molokai General Hospital 1.5 million for Phase II Construction, Na Pua No`eau, and Alu Like.

Shame on OHA Board of Trustees

Thursday, October 25th, 2007

Shame on OHA Board of Trustees

OHA’s Board of Trustees Community Meeting on October 17, 2007 on Molokai was NOT attended by Trustee John Waihee IV, Trustee Rowena Akana, Trustee Walter Heen, Trustee Donald Cataluna, and Trustee Boyd Mossman.  Community members were there, a larger number wearing A`ole Laau T-Shirts.  This was our community’s once a year chance to give our input regarding Molokai issues. Our chance to give testimony face to face

 

At 6:40 pm, only three of the eight Trustees were seated.  Colette Machado announced that there was no quorum as yet and the last flight would arrive around 7pm.  She says “We are hoping we will have a quorum.”

 

A half hour went by while the community provided impromptu songs and hula while we waited.  Then we noticed only Trustee Oswald Stander and Trustee Robert Lindsey walk into the hale.  “No quorum” was whispered throughout the audience. Five was needed for a guorum.

 

Finally, “No quorum tonight, but tomorrow there will be.  But you are here tonight,” announced Chair Apoliona.  She then advised the community that the meeting would continue but no minutes would be taken, and that it would be an unofficial meeting.  She gave the job of chairing the meeting to Trustee Machado, who orchestrated this “unofficial” OHA community meeting. There was no apology or mention of rescheduling a community meeting.

 

As beneficiaries lined up to say “Mahalo” for OHA’s funding, it came to my mind that Trustee Machado should also be in line to thank the OHA trustees for the $100,000 that was awarded to the Molokai Land Trust, which she heads.  It’s like she wrote a check to herself.  Conflicts of interest seem to be running rampant nowadays.

 

Tension mounted as former OHA Trustee Walter Ritte reminded the Trustees that a year ago in October 2006, the community came out by the hundreds, asking OHA to rescind their resolution supporting Molokai Ranch’s Master Plan, which includes the development of 200 million-dollar homes at La`au Pt.  (The sales of La`au Point will also fund more development that will impact Moloka`i’s rural lifestyle and cultural practices.)  Mr. Ritte also said that the OHA Trustees had ignored their constituents and never responded to the community after their 2006 meeting on Moloka`i.  The audience listened to his presentation.  But the Trustees appeared very busy reading and writing things down.  Why would they?  This wasn’t a formal meeting.  It appeared to me that they didn’t want to hear what Mr. Ritte had to say.  Why should they?  They don’t live on Moloka`i.  Why would it matter to them?

 

As Walter ended his testimony, he asked that those who are against the development of La`au stand and walk out as a way to protest this evening’s no-quorum informal “community meeting.”  This is where I got up and left.

 

As I started towards my car, I heard my name mentioned over the microphone by Trustee Apoliona.  I was drawn back to find out what she was saying about me.  I walked up to the microphone and asked why she had mentioned my name.  Ms. Apoliona told those still present that the Board of Trustees had responded to the community by writing a letter to Bridget Mowat. I reminded Chair Apoliona my letter was a personal letter so my response was a personal response. Not a community response.

 

On February 22, 2007, long after the October 2006 community meeting, I wrote a personal letter to Ms. Apoliona seeking support to stop the La`au development and to rescind OHA’s resolution to support the Molokai Properties Limited (Molokai Ranch) Master Plan.  I received a response from Mr. Clyde Namu`o on April 26, 2007.  It was addressed only to me, not to the community.

 Mr. Namu`o’s response included an apology for the “tardiness of our response to your letter…..may be to extenuating circumstances …we understand your concern…”  He also clarified that the “resolution adopted by OhA’s Board of Trustees does not specifically support the development of La`au Point.”  He wrote that OHA supported the collaborative efforts toward community input and planning…. And the vast and generous contribution made by Molokai Properties Limited to the Community of Molokai”  He wrote all the hard decisions they had to make and how they could not reject such as offer of these lands for the future .. I just didn’t feel it.Attached to his letter to me was a copy of the Resolution of the Office of Hawaiian Affairs which reads in part:       WHEREAS Molokai’s Properties Limited has committed to seeking a land use boundary change from Agriculture to Rural through the State Land Use Commission for a 200-lot subdivision, which will be limited to 500 acres with associated cultural and environmental resource protection in excess of 1,000 acres.  This environmental resource protection zone will be the subject of an easement to the Land Trust and controlled by the Land Trust and homeowners” (I wonder where that could be.  No wonder he said the resolution adopted does not specifically support the development of La`au Pt.  They kept the name of the area out of the whereas!!) 

So Walter’s statement was true up until recently.

 

OHA’s public response to the community’s plea for support was to award $100,000 to Trustee Machado’s Molokai Land Trust.  Trustee Machado supports development of La`au Point, even though the majority of Hawaiians on Molokai oppose the development. 

 

The OHA Trustees came out loud and clear at the Molokai meeting.  They aren’t listening to the people they are supposed to serve.  Instead, they are financially backing their fellow Trustee Colette Machado, who supports developing La`au Point against the wishes of the majority of her constituents on Molokai.  And when five Trustees fail to show up at the one and only annual community meeting on Molokai, that also tells us how little respect they have for our community.  Shame!  Shame!

 

OHA Has Ignored the Molokai Community

Thursday, October 25th, 2007

To OFFICE OF HAWAIIAN AFFAIRS -
OCT. 17TH 2007


OHA ignored the community of Molokai for an entire year.


Last year a hundred plus people attended the OHA meeting to request in unison that OHA RESCIND THEIR SUPPORT RESOLTION OF THE RANCHES PLAN TO DEVELOP LA’AU POINT. They asked that OHA remain neutral on the issue of La’au. It was a clear visible and passionate request that could not be ignored or mistaken.


Until today, one year later, OHA did not respond in any way. This shows lack of respect for our community by OHA. THE TRUSTEES OF OHA SHOULD BE ASHAMED OF THEIR TREATMENT OF THEIR MOLOKAI CONSTITUENTS.


We would like to hear from each trustee their response as to why they have ignored this community on the La’au issue.


What trustee Colette Machado has done to the credibility of OHA on this island of Molokai is worse than what President Bush has done to the credibility of the Republican Party. She has brought OHA to an all time low. She challenged this community that if they did not like her position on La’au, then vote her out. This community did just that, and in a land slide one sided vote got her out. More people participated in this vote than did in the general election. No sooner than all the cheering was over, that she got her self appointed back onto the EC board. This was a clear slap in the face to the democratic process of people power.


She continues to serve on many other boards and committies and has earned the reputation of being a “bully” untill she gets things her way. Your funding of a 100,000 dollars to her Land Trust which this community does not support adds insult to injury.


OHA AND TRUSTEE MACHADO IS AND HAS IGNORED YOUR CONSTITUENTS OF MOLOKAI. WE ARE ANGRYAND READY TO BURST.

“The Plan” and West Molokai Growth Issues (Part I)

Thursday, October 25th, 2007

Conservation Land Easements, More questions than answers

Locations of Rural Landscape Easements seem to suggest that these are future add-on developments as opposed to conservation districts. 

“The Plan” and West Molokai Growth Issues (Part II)

Thursday, October 25th, 2007

Conservation Land Easements, More questions than answers

In Part 1 of this article I focused on the 10,560 acres of so called “conservation land” that fall into a category referred to as  “Rural Landscape Easements” in Molokai Ranch’s Master Plan.  In this article I will discuss the other 14,390 acres referred to as “Agricultural Easements.”  These lands also play a significant role in “The Plan” and are being offered as part of a tradeoff to develop La’au Point. Again the same question has to be asked- Are these really conservation lands or does the Ranch really intend to use these areas as future development sites?


Over 8 years have passed since the current Molokai Ranch administration first revealed to the community its Ag development plans. Because of this gap in time it is easy to lose track of Molokai Ranch’s original intention with this portion of its West End Land holdings.


In the initial EC/EZ Process at a 1998 Environmental Subcommittee meeting, Harold Edwards, Vice President of Molokai Ranch at that time, unveiled Molokai Ranch’s Plan which included 15,000 acres of agricultural subdivisions which would create 1,350 additional gentlemen’s estates (5-20 acres in size).  Harold Edwards also stated that the Ranch did not intend to use these large lot agricultural subdivisions to support diversified agriculture. At this same meeting Harold agreed that in all, the Ranch's new ag subdivisions would bring an estimated 15,050 additional residents to the island.


At the time of the original conception of this plan, Molokai Ranch had not yet purchased the La’au lands from Alpha USA.  The original location for these 15,000 acres of Ag land was on the southern coast of Kaluako’i extending from Hale O Lono into the Punakou district. Although the current location of the proposed Agricultural Easements is different from that proposed in 1998, we still see almost the same amount of acreage being set aside, possibly with the same intention in mind.


In defense of these Agricultural Easements, Molokai Ranch states that only Farm dwellings will be allowed on such lands. This statement is rather misleading, and is representative of Molokai Ranch’s disingenuous approach to many different issues. Statements like “One Last Development;” “never ask for any more dinking water;” “The Public will be the ones to decide whether La’au will be developed;” are all promises meant to pacify and disarm the general population. The statement that “Only Farm dwellings will be allowed on these lands” is a glaring example.  The legal classification of a “Farm” dwelling includes all of the houses in the Kaluako’i and Kawela subdivisions.  In fact, John McAfee’s 10,000 square foot compound is categorized as a Farm Dwelling.


The “Agricultural Easements” and “Rural Landscape Easements” have yet to be subdivided into smaller portions of land, however questions arise as to whether or not the community would have a voice in the reclassification or subdivision of these lands. One foreseeable problem lies in the fact that these areas would be under a joint jurisdiction between Molokai Ranch and The Molokai Land Trust, making it possible to have the two largest landowners in the future pitted against the rest of Molokai. Thus far neither one of these groups have shown any real willingness to hear the majority voice of the community.  This is ironic since the Ranch claims that the Molokai EC’s approval of its Master Plan represented the public’s wishes.


Are the Ranch’s Conservation lands really what they are proposed to be?  Or are these areas really future development sites for “rural” mansions and 10,000 square foot “farm” dwellings?

Public Access to La`au Best Left As-Is

Monday, September 24th, 2007

John Sabas recently outlined the Molokai Property Limited’s (MPL) shoreline access plan for La'au, where MPL hopes to develop a 200-lot luxury subdivision. MPL is seeking “an exception to the mandated 1500' beach access rule,” arguing that it will protect subsistence fishing. With only 2 public-access points, Sabas says, fishermen will be “forced to take home only what they can carry [on] the trail.”

Having only 2 public accesses points goes against existing law which “requires rights-of-way to be created where land fronting the shoreline is subdivided.” According to this law, MPL would be required to create 16 public access rights-of-way along the La`au Point development. The County “may” grant exceptions to this rule; however the law states that any exception “shall not differ substantially from that which would be required [for] standard rights-of-way.”

State Law Grants Access to La`au

Tuesday, September 18th, 2007

In his most recent effort to defend the development of Lā‘au,  MPL’s John Sabas praises their plan which will increase human access to this pristine area.  He is especially proud of MPL’s proposal to open up the coastal footpath to the public so that people won’t have to walk along the beach.

Although this appears generous, the reality is that the coastal trail to La’au is already open to the public.  Under Chapter 264-1(b) of the Hawaii Revised Statutes, any trail in existence as of the Highways Act of 1892 is automatically a legal public trail and the public has access to it. Such is the case with the traditional trail to La’au  which predates this time. In recognition of this law, the “Native Hawaiian Legal Corporation” is requesting that maps from 1886, which show the exact location of the ancient trail, be publicized in the final La’au Point EIS.

Protesters and Community Members to Return to La`au Point

Thursday, August 30th, 2007

area.”  

Hikers are advised to bring their own food, water and sunscreen for the round trip walk. The hike is about 3 miles (90 minutes) each way.  

La`au Point, a pristine stretch of land on the southwest corner of the island, is currently the site of a proposed 200-lot luxury subdivision. Molokai Ranch, also known as Molokai Properties Ltd, has said their development package comes with several incentives for the community including an offer to preserve nearly 55,000 acres of land in the form of a community-based land trust. The package also includes a promise to redevelop the now defunct Kaluakoi hotel.   

But opponents, who include a broad range of community members, are rejecting the deal. They are questioning the legitimacy of the land trust as well as citing the islands lack of water, and Molokai Ranch’s long list of development failures.

Farming at the Center of Molokai’s Identity

Tuesday, August 7th, 2007

Farming at the Center of Molokai’s Identity

Here are some facts to consider: Molokai is unique in that agriculture is one of the main economic engines on the island, a fact stated by Bank of Hawaii Economist Paul Brewbaker at an Economic Summit on Molokai a few years ago. It creates more jobs and more revenue than tourism or any sector other than the service and government sectors. Revenue includes jobs created, services and supplies purchased, taxes, and products processed.

Farming is also the only industry that actually recharges the aquifer by returning most of the water back to the ground. That’s why this industry is so vital to the island. Even more vital are the food crop farmers. In the event this island should experience a disruption in our food supply, we have a better chance of survival on this little island in the middle of the sea.

If agriculture is in such bad shape, then why is it that each year, farmers have to cut back on their water use? This industry is experiencing growing pains. Water has become the major limiting factor in the expansion of agriculture on Molokai and, at over 2200+ acres, has reached its upper limit in the amount of acreage that can be kept in production at any given time, unless innovative ways are developed to conserve water. If agriculture weren’t viable, many farmers would have left Molokai to other islands, where large tracts of land are now available for farming. Even Larry Jefts keeps one foot on Molokai because we still have many competitive advantages over other farming areas.

There are many more opportunities in agriculture to create value-added products. The ‘multiplier effect’ is an economic term used to describe how value is added to a product. For example, fresh sweetpotato has a farm value of 85 cents per pound. Made into chips, its’ retail value jumps to over $15 per pound. Between 85 cents and $15, materials and supplies are purchased, jobs created, and raw materials processed along the way to create this product. All of this creates money for the state in the form on taxes, and also new jobs. This phenomenon is unique to agriculture and manufacturing.

The lifeline to the farming effort is the Molokai Irrigation System, for without it this industry wouldn’t exist. The system was built expressly for the homesteaders, but politics and race played into this decision, and the homesteaders were shortchanged. In order to allow for the construction of the MIS, the state had to set aside land for the non-homesteader, and 1/3 of the water was set aside for them. A land swap ensued, and 1,050 acres of Hawaiian Home Lands south of the airport was swapped with 243 acres in Waianae, considered at that time to be of comparable value. This is how the Molokai Agricultural Park was created.

Today, over 80% of the water is being used by non-homesteaders, and the real concern is when comes time to take the water back to the homesteads for expansion of agriculture, that the water will return without any major repercussions. If we start with a level field where everyone knows the rules, we shouldn’t have a problem.

Molokai Ranch bought out the Kaluakoi Hotel and remaining parcels in 1998, and did so mainly to secure the water from Well 17. They also assumed the agreement with the Department of Agriculture to transmit water from Well 17 in Kualapuu to Kaluakoi. But like its predecessors, Kaluakoi Corporation and Tokyo Kosan, Molokai Ranch has become a bad neighbor. Instead of carrying their own load, they have decided to lean on and take advantage of their neighbor’s goodwill by allowing their pumps to malfunction and fall into disrepair time and again.

This is not an isolated incident. In the last four years alone, from April 2003 to May 2006, the Molokai Ranch pump at Well 17 has broken down a total of 262 days. With the recent June-July 2007 breakdown of 36 days, this amounts to a total of 298 days that their pumps where broken and they weren’t putting water in the reservoir! Why bother when you can take advantage of the good will of your neighbor. The Hawaiian word for this is hana ‘ino. Good neighbors don’t keep leaning on others, and feeding off of them when they’re better off than their neighbors!

Moreover, this is a violation of the transmission agreement, which states that Molokai Ranch must put in water before they take out water, and are not allowed to store water in the reservoir. Molokai Ranch has shown the farmers they cannot be a responsible party to this agreement, which is why its surprising the farmers would even consider allowing this agreement to continue for 5 more years under more stringent conditions.

With all these water shenanigans, it’s quite understandable why homesteaders are so adamant about protecting their water. The above situation is only one reason. They know their Hawaiian Homes rights to this water. They’ve seen with their own eyes, and heard stories of their parents and grandparents struggles, of carrying water to their crops in buckets, of water only being available on certain days, and of droughts where the kupuna resorted to fasting and prayer so the rains would come to feed their parched crops. Of making poi palaoa (flour) and pumpkin poi to stretch the kalo poi when the weather made it difficult to grow or to make ends meet.

These are the things that you hold close to you and don’t take lightly, and they become a part of who you are, but more importantly, you learn from these struggles and experiences, hoping it never happens again, and that you don’t get used again. Red dirt is powdered gold, and the water that nourishes this red dirt is more valuable than gold. Over the last 26 years, I have heard these stories from the people who lived them, including Heine and Becky Mokuau, Johnny Pineapple Keohuloa, Danny and Louise Kekahuna, John Kaimikaua (the grandfather), James Wise, Kuamu Makaiwi Pelekai, my mother in law, Tilden Makaiwi Han, and others. Many of these individuals are gone, but their legacies live in their children, grandchildren, and ohana, many of whom are still farming today.

They grow banana and papaya, green onions, taro, sweetpotato, vegetables and fruits just like their forefather’s. They strive for self-sufficiency and live the dream of Prince Kuhio Kalanianaole in aina ho’opulapula, using their land to feed and teach their families, and produce more to sell. These are examples of perseverance, of resilience, and of beating all odds. These humble beginnings have bore fruit for many families, but they don’t talk about their successes because that’s not the Hawaiian way. They happily share with others, which make them the ‘richest’ people on this island due to their generosity.