Ka`u News Briefs Sunday, Dec. 14, 2014

TESTIMONY AGAINST A QUARTER MILE COASTAL SET BACK FOR DEVELOPMENT, considered in the draft of the Ka`u Community Development Plan, was presented yesterday by Chris Manfredi. 

     Manfredi, a Na`alehu resident, has worked for land investment and development groups that owned some 5,880 acres in Ka`u, including property at Waikapuna bay, the site of a former Hawaiian fishing village. He made his presentation and turned in written testimony during yesterday's Ka`u CDP Steering Committee meeting in Na`alehu. As a member of the public, Manfredi, who formerly managed the Moa`ula Ka`u Coffee lands, pasture and coastal lands, which are now up for sale, presents the following objections in his written testimony:

     "The shoreline setback proposed by the CDP is a massive taking of private property rights. If passed, it will expose the County and members of the Steering Committee to legal liability. It is the duty of the (Ka`u CDP) Project Manager and (county attorney) Corporation Counsel to make members of the Steering Committee aware of this fact."

     Manfredi also states in written testimony that "This shoreline setback would have a significant impact on the wetland restoration plan being contemplated for Honu`apo Park." Manfredi is a board member of Ka `Ohana `O Honu`apo, which partners with the county in managing the park and fishponds, and his development group that previously owned large tracts of nearby land, gave money toward the purchase of property for the park.

     According to Manfredi, the Special Management Area permitting process "that exists along Ka`u's entire coastline provides ample opportunity for coastal preservation while giving the community the opportunity and flexibility to evaluate proposals on a case by case basis." The setback along the coast is currently 40 feet. 

     The proposed quarter mile setback idea came out of the work of the state legislature''s South-Kona-Ka`u Coastal Conservation Task Force and founders of Ka `Ohana O Honu`apo, as well as through the gathering of public preferences during the Ka`u CDP process. 

     The Coastal Conservation Task Force was set up by the late Rep. Bob Herkes. Manfredi, who served on the Task Force, also objected to the setback in 2007 when the Task Force made its report to the legislature. Read the Coastal ConservationTask Force document at http://www.state.hi.us/dlnr/reports/SP07-South-Kona-Kau-Task-Force-Rpt.pdf. 

     In his written testimony regarding the Ka`u CDP, Manfredi also comments on the federal Ala Kahakai National Historic Trail as "an attempt at a land-grab by the Federal Government." Manfredi claims that "During its designation, the National Park Service and notable archaeologists familiar with Ka`u asserted that a coastal trail spanning the entire coastline never existed. Since it was impossible to locate or document the tail system, NPS designated a 'trail corridor'. NPS said the system was 'interpolated' and describe these modern interpolations as 'historic,'" Manfredi proclaims.

     For more on the Ala Kahakai Trail Historic Trail and its process to ask permission from landowners for the public to cross their properties on the shoreline walking trail, see www.alakahakai.org and http://www.nationalparks.org/explore-parks/ala-kahakai-national-historic-trail. The trail extends beyond Ka`u into Puna and up the Kona and Kohala Coasts.

    Leina`ala Enos, chair of the Steering Committee, said that the group will take up the coastal setback issue at a future meeting and that there are several options, including doing away with the setback, leaving the setback in the plan, letting public input determine the setback issue and working on rewording and reworking the coastal preservation proposal.

FEDERAL REGULATIONS SHOULD BE A FLOOR AND NOT A CEILING. This is how state Sen. Russell Ruderman recently described his idea of federal and state regulations interacting with local government. He was referring to recent local legislation that was passed in an attempt to regulate pesticides and GMO's in Hawai`i, Maui and Kaua`i counties. A federal magistrate ruled that state and federal authority trumped local control, giving counties no right to regulate. The magistrate set aside new laws approved at the county level. Ruderman said he would work for legislation for more county-level home rule in the 2015 Hawai`i Legislature where he will chair the Senate agriculture committee. He said, however, that he would not expect that regulation of GMO's would get much traction among state Senators and Representatives in terms of passing statewide laws in the coming year. Ruderman's remarks were carried in a story at www.bigislandvideonews.com. The Big Island Video News story noted that the GMO issue will come before the Hawai`i County Council this week, as County Council member Margaret Wille proposes that the council advise the County Attorney to appeal Magistrate Barry Kurren's ruling "with regard to regulating the open air cultivation, propagation, development or testing of genetically engineered crops or plants." See more at bigislandvideonews.com.
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INCREASED POLICING FOR DRUNKEN DRIVERS is planned for the holidays. A statement from Hawai'i Police Department reminds drinkers of consequences. Bail is a minimum of $500. Steering interlock devices to detect drunkenness before driving can be required with a DUI conviction. They can cost $200 to install and $92.56 per month. Losing a driver’s license for DUI can make it difficult to reach a workplace and take care of a family. Insurance companies can cancel or severely increase premiums required to operate a vehicle on public roads. These penalties are in addition to alcohol assessment classes; possible jail time, fines, court fees, probation and community service.