Posted by: lokahipath | July 6, 2010

Reject the new proposed easement at Larsen’s Beach

Dear Friends:

Just before the long holiday weekend Mayor Carvalho wrote a letter to the County Council asking them to quickly approve a Grant of Pedestrian Access Easement to Larsen’s Beach at Lepeuli. The request is an agenda item this Wednesday July 7, 2010 at 8:30 AM.

The proposal is a sham. It is not a deed, but an EASEMENT. We will never own it. The pages of conditions in it state that Waioli can erect fencing. I strongly suspect landowner Waioli Corporation will erect a fence and a gate across the easement trail if approved. It may be restricted to daylight use only. The proposed trail is the “wrong-of-way” that the county was incorrectly maintaining for years as the county trail when in fact Waioli always owned it. We DO OWN a lawful beach access trail immediately southeast of this trail which persons unknown illegally cut off with fencing years ago. The fencing has since been cut and restoration of this, OUR right-of-way, is being undertaken now. Why in the world would we want something we do not own?!

If this proposal is accepted by county council, the gradual, gentle trail WILL be cut off promptly, causing the people of Kauai to lose another beach access. Deferring and eventually defeating this proposal will keep alive public access for the the gradual trail.

Waioli Corporation attorney Don Wilson stated on May 13 at the Board of Land and Natural Resouces appeal hearing over the grant of the permit to cattle rancher Bruce Laymon that Waioli and the county already reached an agreement over where a public access would be to Larsen’s Beach. Attempts by me to exercise my rights under the state sunshine law to obtain the document in June were rebuffed by county officials. As late as Thursday afternoon, the Office of the Mayor denied they were in posession of this document.

Now that the County Council is holding a hearing, I am asking all of you to to request the council to DEFER further action on the part of the county so that we can have what we have been asking for over several months-a true public hearing where we are not restricted by strict time limits (like we will be at county council). At a true public hearing we can take our time and explain to the community why Bruce Laymon should be restricted in his cattle ranch project, and why fencing cannot legally be placed across the gradual, lateral trail, which is in fact a public trail. Testimony and presentations at a true public hearing will demonstrate that the gentle, lateral trail cannot be cut off under state law.

The County Council meets at 3371-A Wicox Road in NAWILIWILI as the historic county building is being renovated. The present County Council building is immediately mauka of the cruise ship port. Take the turn makai to the cruise ship dock then immediately on your right will be the building, which used to be some sort of lumber or hardware building.

Please submit a brief email asking them to defer action WHETHER OR NOT you can be at the council meeting Wednesday. You can even cut and paste the suggested text below the subject line below, but I encourage you to use your own words.
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Email address: CouncilTestimony@kauai.gov

Subject: C2010-174

Dear Kauai County Council:

Please DEFER action on the proposal for the Pedestrian Access Easement at Lepeuli scheduled for discussion on July, 7, 2010. I request a public hearing on the matter so that all members of the community may have the opportunity to attend and give their input. This proposal was only presented to the council by the mayor June 29, 2010. The council will need more time to evaluate this proposal than has been allowed, and so will I. Thank you.

Regards,

XXXXXX

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THIS HAS TO GO OUT TODAY, TUESDAY! We have had very little lead time on this, and that is what they want. Mahalo for your efforts to preserve public beach access.

Aloha,

Richard Spacer

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