La`au Point

MPL’s vision for the future: a house on every rock, and a seal on every lawn

Tuesday, February 6th, 2007

Every now and again, one ought to just step back and marvel at the bravado with which big business presents its ideas.

Take the MPL press release following the most recent Environmental Impact Statement as a textbook example of top-notch spin-doctoring:

“It is likely that sediment discharge from runoff to the ocean will be significantly less with the Lā‘au Point project compared with existing conditions.” This conclusion is based on several measures planned for Lā‘au Point that will protect near-shore waters from increased degradation of water quality, such as drainage control systems, regulation of the use of fertilizers and pesticides, re-vegetation as a means of permanent erosion control measures throughout the developed areas, and fencing to keep deer and other animals from disturbing the soil.”

MOLOKAI RANCH’S 800-PAGE IMPACT REPORT

Tuesday, January 30th, 2007

Residents testifying at 5-hour Molokai Planning Commission meeting target many issues raised in Ranch document. Alternative to La’au development urged.


“What’s the difference in the last couple of years when the Department of Hawaiian Homes denied our family’s request to subdivide our homestead lot because of the lack of water, and now Molokai Ranch is proposing to use our water to develop 200 lots at La’au,” questioned Noa Horner, one of six children raised by Roy and Faith Horner on the family’s 40-acre homestead lot in Ho’olehua.

Molokai’s limited water resource was just one of several issues in Molokai Ranch’s Draft Environmental Impact Statement (DEIS) that was questioned by residents during the Molokai Planning Commission’s lengthy January 24 meeting held at Mitchell Pauole Center.

Other issues charged with being inadequate or misleading included social and cultural impacts, economics, access to the shoreline, the community’s involvement in developing the plan, sustained agricultural, lack of legal documents to support the Ranch’s intentions under the plan, the environment, the endangered monk seal population at La’au, quality of life, and the effect the La’au development will have on Hawaiians from within.

Molokai Ranch, in partnership with the Molokai Enterprise Community and the EC's Land Use Committee, worked for two-years in developing the proposed Master Plan for Molokai Ranch’s land holdings. The two most controversial issues surrounding the plan are water and the development of an oceanfront, luxury residential subdivision along six miles of the pristine western and southern shorelines that intersect at La’au Point.

Water and La'au Point were hot issues from the start, yet Molokai Ranch CEO Peter Nicholas did not want to address these issues until the end of the process. Nicolas has recently been promoted by Ranch parent company Brierley Investments to help out with that company’s flagship properties in London, England.

Throughout the evening testifiers commented on the issues: “Where’s the water, our streams are drying up”….``our kids need more activities so we need more big homes, rich homes, fabulous homes so our kids can go maha’oi ”….”.Molokai is the last Hawaiian Place in the world”…..”Not only is Molokai the best place to raise our kids, but we are the luckiest people in the Hawaiian Islands”…..”People die for the desert, people die for the Arctic, and do you think we’re gonna give away paradise??Hell No!”…….”our Hawaiian people never say anything and that’s why we lost everything”….”There’s got to be an alternative to La’au, we’ve just got to work hard to find one.”

CULTURAL CONCERNS

Opuulani Albino, whose family goes back six generations from the time her Kupuna came to Molokai from Waikapu, felt the cultural impact issue wasn’t addressed “in a complete manner”. Albino said that her family does not support the planned development for La’au.

Albino testified that she had seen the Ranch’s plans for La’au early in the process when she was a member of the Burial Council for Molokai. “I thought the Ranch would not go through with its La’au Point plan because of the concerns about the development expressed by our Burial Council.”

Concerns over the desecration of the La’au Point area with the development of luxury housing touched a nerve with several testifiers. “How you going to preserve La’au and still build your million dollars homes there?” questioned Josh Pastrana. “That area is full of wahipana (sacred sites). The desecration of our kupuna’s iwi has got to stop…it’s not Pono. There some places you can’t go and some things you just can’t have.”

Lawrence Aki, a Native Hawaiian and member of the EC’s Land Use Committee that worked for two years on the Master Plan, felt La’au was not a place to develop.

While training as an Hawaiian Aki said he was always told, “when the intellect is in trouble with the intuition then something is wrong and when the na’au is not feeling good then there is definitely something wrong.”

Aki was one of six members of the EC’s Land Use Committee who voted against recommending approval to the EC Board of the Ranch Master Plan. Others not voting for the plan basically because of the plan’s La’au component were Moke Kim, DeGray Vanderbilt, Kekama Helm, Walter Ritte, and Halona Kaopuiki. Two other members abstained from voting, Matt Yamashita and Davianna McGregor. Kaopuki has since changed his stance and supports the development of La`au.

WATER AND AGRICULTURE

“I’m here for agriculture,” announced homesteader Martin Kahae. “Money is threatening our agricultural water. When I see what’s going on with La’au I’m thinking that people have killed agriculture with La’au….its almost like the ranch gave up on agriculture.”

One testifier claimed that at a public meeting, Molokai Ranch CEO Peter Nicholas told him, “agriculture is dead here (on Molokai)”.

Kahae’s goals are consistent with the goals for agriculture set forth in the Molokai Community Plan and the Maui County General Plan. Not only is the preservation of agricultural lands a priority in these documents, but also the need to preserve Molokai’s water resources so that these agricultural lands will be able to be productive in the future is a stated objective.

And that’s where the problem comes in according to Glenn Teves. “ We’re in the middle of a serious water crisis,” claimed Teves, a homesteader who has been reviewing Environmental Impact Statements for 30 years. “The Ranch’s DEIS confirms that the company has no commitment for water, no alternatives for water and their stated estimates of water needs for La’au and their Master Plan are purposely low to sell their plan to the community.”

West end resident Steve Morgan unveiled a display map that opened some eyes about water needs at the Kaluakoi Resort that have not been accounted for in the Ranch’s water needs assessment.

The map revealed that on lands owned by the ranch north of the existing Kaluakoi hotel site, there are six undeveloped and zoned hotel sites, along with a multitude of undeveloped commercial, residential, rural and multi-family sites that are designated for development in Molokai’s current community plan. When developed, these properties could result in more than three times as many house lots as being proposed at La’au.

On top of these ranch development opportunities, Morgan stated that the existing large agricultural lots in the Moana Makani and Papohaku Ranchland Subdivisions can legally be subdivided. There are 306 existing large ag lots in these two subdivisions covering 4,500 acres of Kaluakoi resort land. Further subdivision could potentially lead to a total of over 1,500 homes being developed in these two exisiting subdivisions – in addition to the development of La`au Point.

The DEIS document reflects that the existing homeowners in these ag subdivisions use 3,000 gallons of water each day.

Morgan’s display map was entitled “One Last Development?”, a take on how the Ranch initially portrayed the La’au Point development.

“Is this one last development?”, questioned Penny Martin, a homesteader who was inspired to testify while listening to others. “Hasn’t every development on Molokai been the last development?”

The Ranch should have talked about the water first”, said Wayde Lee. “I’d be a hypocrite if I would say one last development for all the time I stood and testified that there’s not enough water and now I’m going to say get enough water for La’au”.

ALTERNATIVE PLANS TO LA’AU

Many testifiers focused on their objections on one component of the Plan and the rippling impacts that it would have on the entire island. That component is the luxury home development along the unspoiled shorelines surrounding La’au Point that potentially could be the site of 400 luxury homes.

Some testifiers said it seemed that if you are against La’au that means you are against the ranch’s Master Plan. For most this is not the case. La’au is the hot button issue.

Jane Lee, who described herself as “one of the old warriors,” thanked Akaku for televising so many of the La’au Point meetings so that those unable to attend the meetings regularly could be kept informed.

“We’re shut-ins,” Lee said.” Sometimes we can’t come to the meetings because we’re not well enough or by nighttime we go down with the sun.”

Lee said that that she was not for the La’au Point plan. She said she didn’t take that position from the beginning, but only after I listened to “the debates and discussions”.

Lee expressed how painful it is for her to witness the split in among the activist leaders in the community who fought so hard to preserve Molokai’s traditions and lifestyle. “Together they were a mighty force, “ she said. “Separated it is very confusing because they both know each others strategies.”

“Instead of beefing with each other let’s come up with a plan that we can agree on”, urged Lee. “We have not really worked on an alternative to the La’au development.”

Noa Horner threw out a question to the Ranch representatives sitting in the audience. “Is La`au the only out for the Ranch as far opening the Kaluakoi hotel, or might their be other ways to financially supporting the opening of the hotel?”

Makaila Purdy said she and most people she knows support the hotel, but she seemed to feel that the ranch was using the hotel improperly to leverage the need for its plans at La’au. She asked why the ranch was so secretive about a recent golf tournament to support the reopening of the Kaluakoi hotel.

Purdy also said she attended several meetings and often heard Peter Nicholas, the Ranch’s CEO, say “the community was to decide if the La’au Point development was to be approved or disapproved.” She wondered what happened to that plan.

MOVING FORWARD

Despite all the concerns expressed over La'au Point, a ray of hope seemed to shine through that an alternative to the La’au Point component to the Master Plan could be found. This hope was summed up not only in the testimony of kupuna Jane Lee, but also in the heartfelt remarks of an 8-year-old who already fears for the impacts on her lifestyle now – and into the future.

Said Lee: “I think given the people on both sides of the La’au issue and how creative and innovative they are and how they know our island works, they can come up with something much, much better that fits our island….something we all can support, built with the spirit of Molokai….something that allows us to preserve what we love best about this island,”

That sentiment was echoed by 8-year-old Kamaleihiwa Purdy, who made the long march to La’au with 400 others recently to express their love for the ‘aina and their concerns for the development planned. Kamaleihiwa’s testimony was simple, but to the point.

“Malama La`au,” she urged.

Anti-development group makes headway

Thursday, January 18th, 2007

Whether they’re writing environmental agencies to protect Hawaiian monk seals or asking county council members to restructure hearing schedules, the group of people who meet every Tuesday at Kulana `Oiwi are focused on one thing: halting the proposed development of La`au Point and the irreversible environmental impacts that would come with it.
Their most recent efforts, writing letters to request an extension to the comment period of Molokai Ranch’s Draft Environmental Impact Statement (DEIS), have recently proven successful with the ranch adding an additional 17 days to the 45 day process.
The ranch’s DEIS is an integral part of the corporation’s plan to develop La`au Point. Locals like Bridget Mowat have come together at weekly meetings to sift through and make sense of the more-than 800 page document. They are intent on assessing the documents thoroughness and accuracy as to what environmental, social, and cultural impacts the planned development will have on Molokai’s community.

Molokai Ranch offers extension to public comment period on La`au Point project

Wednesday, January 17th, 2007

KAUNAKAKAI — A few days after the January 10 Molokai Planning Commission meeting, Molokai Ranch issued a press release offering a 17-day extension of the February 6 deadline for government agencies and Molokai residents to submit comments on the ranch’s lengthy, 800-plus page Draft Environmental Impact Statement (DEIS) for the controversial 200-lot, oceanfront residential project proposed for development along the shoreline at La`au Point.

The new deadline for receiving comments is February 23, 2007.

During a brief overview of the La`au Point project before the planning commission, John Sabas, General Manager of Community Affairs for the ranch, mentioned he had heard of a request to extend the public comment period 60-days. He said the ranch was not inclined to grant an extension and would stick with the February 6 deadline for receiving public comments.

Sabas’s initial decision came before hearing testimonies from a number of residents requesting the 60-day extension period. Testifiers alerted the commission that some government officials and agencies also had requested, or would be requesting, the ranch for the 60-day extension.

Near the end of the commission meeting, Sabas softened his stance and advised the planning commissioners that he would take the issue of the extension under advisement. Commissioner, Janice Kalanihuia asked Sabas when he planned to get back to the commission with an answer. Sabas said he didn’t know.

In the ranch’s press release announcing its 17-day extension, there was no mention of the 60-day extension requested by community members and certain government officials. Instead, the release quoted Sabas as saying: "This project (La`au Point) is extremely important to the people of Molokai and we want to ensure there is sufficient time for the community to review the DEIS and comment."

Anti-development activist Walter Ritte later said the ranch’s compromise was not sufficient. "We asked for a loaf of bread and they gave us crumbs."

Community members and certain government officials felt that a 60-day extension of the comment period was needed to allow "sufficient time" for review and comment on the complex document.

Public testimony before the commission

Planning commissioners received extensive public testimony on the ranch’s DEIS document at their January 10 meeting. Some testimonies touched on the major impacts of the project that were not addressed by the ranch. Others, like Kelly Richardson , questioned the quality of the DEIS document noting that the report contained a lot of "fluff", "redundancies" and "unanswered questions".

There were also testifiers expressing disappointment with the ranch employing its "old tactic of threatening the community" with the loss of ranch employee jobs if the La`au project is not approved.

The commission also heard testimonies, including an impassioned speech by Bryson Santiago, expressing frustrations over the ranch not listening to the community. The commission was told that those testifying at the open community meetings sponsored island-wide by the ranch were overwhelmingly against the La`au Point portion of the ranch’s Master Plan.

Initial comments by planning commissioners touched on the need for a more in-depth analysis of the projects the ranch had considered as alternatives to the La`au Point development . A concern was also expressed over the fact that the ranch failed to respond to many public comments received earlier in the environmental assessment process.

The ranch justified not responding to the comments determining they "were not relevant to the EIS for La`au Point; therefore discussion of the comments is not warranted", as noted in statements contained in the DEIS document.

According to commissioners, some of the comments the ranch elected not to respond to had to do with other components of the Master Plan inter-related to the La`au Point project. Commissioners also noted that the ranch failed to respond to comments on the cumulative impacts that may result from other projects on ranch lands that are already zoned or designated for major development.

Major additional development at Kaluakoi Resort and 400 houses at La`au Point

Steve Morgan, who is a longtime resident of the Kaluakoi resort, provided written testimony and exhibits to the commission acknowledging numerous hotel, condo, commercial and residential lots already designated for development on lands the ranch owns north of the existing Kaluakoi hotel property.

Morgan also testified that the 300 plus large agricultural lots already existing in the two major residential subdivisions at the Kaluakoi resort (Papohaku ranchlands and Moana Makani) are open to be further subdivided. He provided maps showing another 400 plus lots could be generated through further subdivision of the original large agricultural lots.

Morgan provided documents that showing a 6-acre Papohaku Ranchland lot, which was recently subdivided into two 3-acre lots. He presented a recent real estate ad listing one of the newly subdivided 3-acre lots for $1,600,000.

All of the potential additional residential development at the Kaluakoi resort is in addition to the 200 lots proposed at by the ranch at La`au Point.

Adding to the mass of potential development, the ranch’s DEIS document allows for up to 400 homes to be built on the 200 La`au Point lots.

Reasons for requesting the 60-day extension

Several testifiers explained the need for the requested extension period. They noted the complexity and length of the document, as well as, the fact that the Office of Environmental Quality (OEQC) published the first official notice of the DEIS on Saturday, December 23, two days before Christmas.

The December 23 publish date started the 45-day comment clock ticking as ohana were busy celebrating the holiday season.

OEQC is the state agency, which oversees the processing of Environmental Impact Statements for projects statewide.

"Forty-five days is not much time for anyone to do a quality review of such a lengthy document, especially when almost two weeks of the review period is consumed by the Christmas and New Year holidays " said Planning Commission Vice-Chair DeGray Vanderbilt after the January 10 commission meeting.

"The public’s involvement is crucial to the process," he said.

Most testifying before the planning commission supported an extension of the comment period. In addition, a package of letters from Molokai residents supporting a 60-day extension was hand-delivered to Tom Witten, President of PBR Hawaii, who attended the Molokai meeting. PBR is the ranch’s Planning Consultant for the La`au project.

Commissioners were also made aware of a January 9 Molokai Governors Advisory Committee at which the committee approved a motion to request a 60-day extension of the La`au DEIS comment period.

There were also reports that one or more state legislators urged Molokai Ranch to support the 60-day extension request.

State environmental law dictates a 45-day public comment period on Draft Environmental Impact Statements. Nothing in the law addresses an extension of the 45-day period, even if the applicant, Molokai Ranch, agrees to an extension.

There is some concern that any person commenting on the DEIS after the legally established 45-day comment period may jeopardize their right to challenge the adequacy of the Final Environment Impact Statement in court during the legal challenge period provided for under the law.

The ranch did not provide any insight on this legal issue in the January 15 press release announcing its decision to extend the public comment period 17 days. The ranch has no legal obligation to provide such information, even though the information would be helpful to those wanting to fully participate in the environmental review process.

Upcoming commission meetings

The next Molokai Planning Commission meeting to discuss the ranch’s DEIS will be held on January 24 at Mitchell Pauole Center beginning at 4:30 p.m. and running into the evening. If needed, the January 24 meeting will be recessed until the following day at a location that is to be announced. The January 25 meeting will also start at 4:30 p.m.

Molokai Ranch and Department of Agriculture Sit at Bargaining Table

Friday, January 5th, 2007

The Molokai Irrigation System Water Users Advisory Board met on Wednesday, Dec 20 in the MIS conference room. Randolph Teruya, who runs the MIS system foe the Department of Agriculture (DOA) gave his report on the progress of the negotiations for the pipeline use agreement between Molokai Ranch and DOA.

Details are being worked out for Molokai Ranch to clean the MIS reservoir in place of paying a $42,000 dollar increase in fees. Homesteaders, for whom the resovoir was built, were notably upset that Molokai Ranch could receive special treatment for payment of fees. The homesteaders remarked that their water is normally shut off if their fees go unpaid.

Chairman Adolph Helm will be asking DOA and DHHL representatives to come to Molokai to hear the concerns of Homesteaders in the near future.

Counterclockwise from front center: Chairman Adolph Helm, Randy Teruya (DOA), Byron Alcos - MIS system operator, James Boswell - MIS board member, John Sabas - Molokai Ranch, Martin Kahae -homesteader, Kammie Purdy - homesteader, Glenn Teves - homesteader, and Moki Kim - homesteader.

La`au Point development draft EIS now available

Saturday, December 16th, 2006

It’s an early Christmas for those who’ve been waiting to analyze an 835-page study on foreseen impacts of Molokai Ranch’s planned development at La`au Point.

 The draft environmental impact statement, which includes studies on possible water, environment, social, cultural and archaeological impacts, has been officially submitted to the state Office of Environmental Quality Control. A notice on the request for public comments won’t be published by the state until Dec. 23 triggering a 45-day public comment period. The ranch is sending copies of the study to people who met the deadline to be considered consulting parties. Copies also will be available at the Molokai Public Library in Kaunakakai and at the ranch office in Maunaloa and via the Molokai Dispatch website at: www.themolokaidispatch.com/laau_deis.pdf 

The public comment period will end on Feb. 6, 2007.

Molokai Land Trust in Detail

Friday, December 15th, 2006

For many months the idea of a sacrificial tradeoff that allows La`au Point to be developed in exchange for thousands of Molokai Ranch-owned acres has been the central theme of the conflict surrounding the Master Land Use Plan.

Give up La`au and in return you will be given the ability to control the destiny of your island.


This idea has been ingrained in the hearts of many, but the question is: who exactly will control the destiny of Molokai?


It has been common knowledge that the Molokai Land Trust (MLT) would be the receiving body of the traded ranch lands. What hasn’t been common knowledge is the detailed nature of who and what the MLT is. Equally important is understanding what the community’s involvement with MLT will be as well as potential shortcomings that the organization may face.

Molokai Land Trust Questions and Answers

Thursday, December 14th, 2006

The following questions were submitted to Molokai Land Trust Board president, Colette Machado on October 4, 2006. These questions were answered in the following text which was returned to the Molokai Dispatch on Friday, December 8, 2006:

MOLOKAI LAND TRUST UPDATE
December 7, 2006


1. What is the status of the Molokai Land Trust?

The Molokai Land Trust (MLT) is a nonprofit organization incorporated as a Hawai`i non
profit corporation on June 14, 2006 and is capable of conducting business in the state of
Hawai`i as a nonprofit. The incorporation articles are filed with the State’s Department of
Consumer and Corporate Affairs and are available to the public.

A Request to Investigate an Alleged Conflict of Interest within the Molokai EC

Tuesday, December 12th, 2006

The following letter was submitted to the Desk Officer of the USDA and was copied to the Molokai Dispatch:

 

ALOHA,

Hui Ho’opakele Aina would like to request an investigation into the operations of Ke Aupuni Lokahi (KAL). KAL is the EC on the island of Molokai, Hawaii.

 

First, the conflict of interest of Colette Machado, the vice chairperson of KAL. Miss Machado is also a state elected trustee of the Office of Hawaiian Affairs (OHA), a potential partner and funder of KAL.  As an officer of KAL, she was able to get a support resolution from OHA for a controversial development plan. The plan calls for the developer to turn some 26,000 acres of land to a land trust of which Miss Machado is also the chairperson.

Sustainable living the best way to save the land, says Hawaiian actor

Sunday, November 12th, 2006

Acting and sustainable farming for Jason Scott Lee aren’t as disparate as they may seem. Both, he says, embody the same general concept: “Less is more.”

Lee, a martial arts movie star and sustainable farmer, spoke at Wednesday night’s Community Movie Night at the Mitchell Pauole Center, becoming one of the most prominent opponents of the La`au Point development. While Lee himself, an Oahu native, has only been to La`au Point once, he believes the issues facing Molokai “are the same everywhere.” Excessive development, says Lee, has created too strong a burden on the state’s resources.

But Lee’s solution isn’t to return to the way things were say 50 years ago, or even keep things the way they are right now. Preserving La`au Point as just a fishing and hunting area, says Lee, takes “a very small view” of the land as a whole. “We have to change the way we think,” he says.

In many ways, Lee’s own metamorphosis from actor to martial artist to sustainable farmer embodies the same natural growth model he hopes to implement not just here in Molokai but elsewhere in the state. Lee says he first began exploring minimalist concepts when he began acting some 20 years ago. Actors typically avoid exaggerated facial expressions and gestures, says Lee.

But for Lee minimalism became more than a career path. It became a spiritual one. At the age of 26, says Lee, he began studying the martial arts (which eventually paved the way for a leading role in the 1993 film, “Dragon: The Bruce Lee Story”). Martial arts, says Lee, helped him heal his own body and mind. To become a true Kung Fu master, however, Lee needed to look beyond his own physical limitations. “After you heal yourself then you have your surroundings to take care of,” he says.

For Lee, this meant a pilgrimage to Japan where he met and studied under Masanobu Fukuoku, often credited as the father of sustainable agriculture. “You have to do it to learn it,” says Lee, referring to natural farming techniques.

Through his studies, Lee became increasingly appalled by Hawaii’s reliance on foods imported from both mainland American and neighboring countries. Cuba, he says, is an island nation much like Molokai. But unlike Molokai, Cuba is experiencing a food revolution. About 80 percent of that country’s produce, he says, is organic and homegrown.

Now, Lee has himself become a teacher, conducting workshops on Oahu and working with high school students to develop sustainable food models. His endorsement of plans that call for finding alternatives to the development of La`au Point signifies Lee’s latest endeavor as a self-designated ambassador of Hawaii.

Lee also has his own thoughts on how to develop Molokai’s West end – not through tourist resorts and multimillion dollar houses, but farms. Molokai residents, says Lee, could create a three-tier system of vegetation: ground cover such as alfalfa on the first level, short brush such as berries on the second, and fast-growing canopy trees on the third. The system, says Lee, wouldn’t require fertilizers, pesticides, or even maintenance. “You could grow things wild,” he says. The idea, he adds, is just one of many alternatives to commercially developing the area.

Growth, says Lee, is not a new or even a bad concept. Nor, he adds, is introducing new cultures to the islands. But the values, he stresses, must stay consistent from generation to generation. Only then, says Lee, can Hawaiians begin “to understand what it is to be in connection with the aina.”