January 5, 2006

TESTIMONY ON AGENDA ITEM NO. VI- 4.

State Land Use Commission

Submitted by Carroll E. Cox,

President, EnviroWatch Inc.

1.  Status of Compliance with Land Use Commission Conditions

We would like to make it clear that our testimony is not based solely 

on our beliefs or our interpretation of City and other agency’s records 

pertaining to the Land Use Commission’s Findings of Fact.  The basis of 

our conclusions, and objection to any further consideration of the Land 

Use Commission’s Permit is based upon statements made by Mr. Bob Stanfield, 

the Branch Chief of the Department of Planning and Permitting’s Planning 

Division, that is charged with monitoring the status of permit conditions.  

Because the City Council Zone Change approval was dependent upon and stemmed 

from the primary approval granted by the Land Use Commission, Mr. Stanfield 

monitors compliance with LUC conditions in addition to the Zone Change 

(Unilateral Agreement) conditions.

In written statements made on November 28, 2005, just a little over one

Month ago, Mr. Stanfield reviewed the Ko Olina Annual Status Report for 

2005 and stated that a number of conditions had not been met, including 

LUC Condition 13, reclassification of marina waterways to the State 

Conservation District.  He also stated that a plan and deadlines for 

compliance with that condition, and other conditions must be submitted, 

including connection of the secondary access road to Farrington Highway, 

connection of Aliinui Drive to Kapolei Parkway, a secondary roads plan, 

construction and dedication of all roads within Ko Olina, and development 

phasing of hotel rooms (since 50 percent of the visitor units are to be 

full-service hotel units).  This is a staggering number of conditions that 

remain outstanding, since the original approvals were granted 20 years ago.  

How much longer must the people ofHawaii wait?  Another 20 years?

2.  Background Information

I have written extensively about issues surrounding the closure of Ko Olina’s 

public boat ramp and the wrongful redirection of fishermen and other boat users 

to the ramp at The Phoenicians LLC, located in Campbell Industrial Park. After 

being turned away from Ko Olina, with the permission of the City and County of 

Honolulu’s Department of Planning and Permitting (DPP), the boating community 

was forced to use the boat ramp operated by The Phoenicians LLC. This ramp is 

virtually unusable.  Not only is it unsafe and difficult to use, it is dangerous 

due to its close proximity to propane gas tanks and chemicals, and to its initial 

design as a boat haul-out ramp, an industrial use.

As a result of their concerns over safety and access issues, the fishermen and 

other concerned citizens have asked Mayor Hannemann and Governor Lingle to 

intervene. Their request is based on issues of legality of this closure. This, 

in turn, is based on facts gleaned from documents recovered from the government’s 

archives.  No motions have been made to the LUC to allow closure of the Ko Olina 

boat ramp to public use. Therefore, there was no opportunity to evaluate and 

publicly discuss the concerns of citizens being denied public access.  Additionally, 

there was no opportunity to evaluate and discuss safety issues relating to the 

boating community’s use of The Phoenicians LLC ramp (such as winter surge), the 

potential of collisions with commercial vessels, restrooms and showers, and other 

issues.  

Public access to the ramp at the Ko Olina Marina was part of the original proposals, 

agreements, and land use permits for development of the area (“West Beach Estates”),

which was designated for agricultural use. The reinterpretation of statements from 

the original documents, and the overstepping of boundaries and authorities by those 

involved, has led to the current situation. Therefore, it can truly be said that the 

public has been illegally denied access to a coastal recreational resource that is 

rightfully theirs to use.

The problems we are now facing are based on politics. I have been attempting to sort 

through the mess.

On July 16, 2005, fishermen held a rally at Mililani High School to protest the 

closure and discuss the issues. Both Governor Lingle and Mayor Hannemann were invited

to the meeting, but did not attend, nor did they send a representative. However, 

because the meeting was covered by the media, the fishermen’s issues have gained a 

much wider exposure - to the chagrin of Ko Olina’s management and the Department of 

Planning and Permitting.

After the rally, Mr. David Tanoue, Deputy Director of the City and County of 

Honolulu’s Department of Planning and Permitting (DPP) issued a statement entitled 

“CITY RESPONDS TO KO OLINA BOAT RAMP PROTEST”.  Mr. Tanoue issued his statement in 

response to “criticism from some boaters regarding the closing of the Ko Olina boat 

ramp to the general public.”

EnviroWatch Inc. has sent numerous letters to the Mayor seeking his intervention 

in this matter. To date, we have not received a single written response, just a lot 

of diversions. Therefore, it should be pointed out that the “written” response 

Mr. Tanoue gave the media is suspect. We believe it was written in an attempt to 

dilute the impact of the media’s coverage of the rally. If this were a boxing match, 

this would be a low blow.  As such, it is a sad commentary on the Mayor’s 

administration.

Assuming Mr. Tanoue’s statements to the media are based on facts, and they were 

available at the time we first wrote the Mayor, Mr. Tanoue should have had the 

courtesy to provide the same facts to us when we started examining the issues. 

Because the information was not provided, it now appears that Mr. Tanoue’s news 

release was nothing more than a veiled attempt by the Hannemann administration 

to conceal back door dealings and favoritism provided to special interest groups 

and their friends.

We were informed that someone in the Hannemann administration claimed they 

did not know about the rally scheduled for July 16 at Mililani High School. 

However, we personally invited both the Mayor and Governor Lingle to the meeting. 

Upon receipt of our email and fax regarding the meeting, the Mayor’s office stated 

that the Mayor could not attend because he would be out of town. They also told me 

that Trudy Saito, the City Deputy Managing Director, would call to arrange a meeting 

with myself, David Tanoue and Mayor Hannemann regarding the marina issue.

In Tanoue’s haste to conceal the DPP’s treatment of the Ko Olina boat ramp he only 

stated half the facts.  Specifically, he said that “All necessary approvals have 

been granted for the substitute boat ramp”.  That is not true. All necessary 

approvals have not been received.  As we have said, no motions have been made to 

the LUC.  Also, The Phoenicians LLC ramp had not been approved by the DLNR’s Board 

of Land and Natural Resources at the time of his writing and we are still awaiting 

this matter to be scheduled by BLNR, Chairman Peter Young to address many of the 

issues we have raised. The Department of Transportation only approved it after we 

exposed the fact that The Phoenician LLC does not have a lease and is not paying 

rent for the use of that portion of the ramp situated on State land. Yet, they are 

charging the public to use the ramp. Here, in part, is Mr. Tanoue’s statement:

“The developers of Ko Olina initially obtained zoning and special

management area use permits for the project 20 years ago, when the

project was known as West Beach. In addition, a conditional use permit 

for marina accessory facilities and uses was granted in 1996, which required 

the developer to submit a Public Access Master Plan with an operational plan 

for the boat ramp [submitted in 2000]. It included the following condition: 

At such time that the substitute launch ramp is constructed and opened to the 

public, Ko Olina Companies shall have the right to permanently close its boat 

ramp or limit its use to resort guests. We have received assurances from the 

State Harbors Division that all of the necessary approvals have been granted 

for the substitute boat ramp, the Phoenicians ramp at Barbers Point nearby, 

and it is open and fully operational for public uses. It is private property, 

and the City would have to condemn it in order to make it available for public 

use. That could require millions of dollars to acquire it and more to maintain it.”

In fact, public monies have already been spent. Public money was used to dredge 

the channel that connects the Ko Olina Marina to the Deep Draft Harbor. What is 

the public benefit gained in return for this use of taxpayer money? The public 

benefit was the construction and up-keep of the boat launch ramp for use by the 

public as required by the LUC.  Indeed, if Mr. Tanoue wants to raise the issue of 

expenditure of public monies, he should not forget that Governor Lingle gave 

Ko Olina $75 million of taxpayer money for construction of an aquarium.  No aquarium 

has been built, and no construction plans or building permit applications have been 

submitted to the City. Is this a prudent use of public monies?  We do not believe it 

is.

David Tanoue is the Deputy Director of the DPP. Prior to that he was the Deputy 

Corporation Counsel assigned to the DPP.  With Mr. Tanoue’s knowledge and expertise, 

he of all people should know that the City and County of Honolulu’s Department of 

Planning and Permitting or the State Department of Transportation Harbors Division 

cannot approve the closure of the Ko Olina boat ramp because they do not have the 

authority to do so. The State Land Use Commission (LUC) which is housed in the State 

Department of Business, Economic Development and Tourism has authority over the 

Ko Olina Marina.

That authority is documented in LUC Docket No. A83-562 “WEST BEACH ESTATES”, dated 

July 23, 1985. The Findings of Fact memorialize the petition by West Beach Estates 

to amend the State Agricultural Land Use District Boundary to the Urban Land Use 

District, for approximately 642 acres at Honouliuli, Ewa. In the Findings of Fact, 

the following is recorded:

DEVELOPMENT PROPOSAL

# 33.  “Petitioner proposes to develop a 36 acre recreational and commercial 

marina with a public boat launch ramp, and to develop pump out facilities, a 

fueling and dry dock facility, other public conveniences and parking adjacent 

to the Deep Draft Harbor. Commercial use of the marina facilities will include 

sightseeing, charter fishing, dinner cruises and other excursions”.

# 41.  Petitioner intends to complete the following within five years within 

the date of the Commission’s approval of this petition: (d). Construction of 

all recreational amenities, including the lagoons, marina, parks, beach and 

yacht club and golf course.

# 87.  Petitioner will also open to the public use parks and open areas, 

including the 18-hole golf course and sandy beaches, and recreational support 

facilities not presently on the property such as comfort stations, shower and 

150 parking spaces. Petitioner will provide boating and other marina-related 

recreational facilities and beach rights-of-way in coordination with the County 

Department of Parks and Recreation requirements.

CONFORMANCE WITH THE HAWAII STATE PLAN

# 125.  In part “Petitioner proposes to satisfy Sections 8(b)(5) by providing 

parks, marina, and lagoons on the southern ends of the Property in compliance 

with the recommendation of the Barbers Point Harbor Safety Buffer Zone Committee”.

Based on the above, it is evident that Ko Olina must provide a public boat launch 

ramp. Furthermore, the LUC granted Petitioner’s Motion to Amend the Findings of 

Fact dated September 12, 1985, subject to certain new conditions: “Petitioner shall 

develop the Property in substantial compliance with the representations made to the 

Commission. Failure to develop the Property may result in reversion of the Property 

to its former classification, or change to a more appropriate classification.”  

Clearly, the City DPP’s amendment to the public access master plan, allowing 

Ko Olina to close it’s boat ramp to the public, contraverts representations made to 

the Land Use Commission.

We have requested that the Mayor intervene and file a Motion to Show Cause before 

the LUC.  However, it is the City that is allowing noncompliance by allowing closure

of the boat ramp, and by failing to enforce the conditions of the permit approvals 

within any reasonable timeframe.  We do not believe that 20 years is a reasonable 

timeframe, especially since there is still no end in sight and the DPP is still 

asking for a plan and deadlines to be provided by Ko Olina itself.  Has Ko Olina 

now risen to the level of self-monitoring?  This amounts to a betrayal of the public 

trust.

Not only did Ko Olina close the ramp, they demolished it.  We have found no evidence 

that DPP notified the LUC of this action.  Why did the City not disclose their actions 

to the LUC?

It is obvious that the City has acted the way it has because it is

attempting to cover its tracks.  That may be why the Mayor has refused to respond 

to our formal request to file a Motion to Show Cause before the LUC. This is a 

serious matter, which goes to the heart of our land use regulations.

We ask that no further consideration be given to this permit and further, that it 

be revoked and that the public’s use of the Ko Olina Marina be restored immediately.  The time has come to act.  There is no more time for games and promises, and noncompliance with major development permits, especially in light of this wrongful cessation of the public’s right to coastal resources.

Thank you for this opportunity to provide testimony on this important issue.

You can contact me at EnviroWatch Inc., via e-mail at:

envirowatch@envirowatch.org or by phone/fax at (808) 625-2175.

Carroll E. Cox

808-782-6627