Maunawili Community Association

Maunawili Community Association Minutes April 2, 2001

Special Meeting April 2, 2001

Maunawili Community Association
Special Meeting
April 2, 2001, 7:00 p.m. at 875 Auloa Road
Present: Russell Arakaki, Janet Barrettio, Matt & Susan Billgton, Kane Boutsch, Paul Brennan, Cheryl Bukeran, Todd Capen, Joan Cash, Joe & Tracy Correa, Scott Creel, John Cregor, Jim Corcoran, Bob Duncan, Lynda Dybdal, Carol Ann Ellett, Randy Ennis, John Etzenbach, Kathy Failly, Virginia Fine, Ron FitzGerald, Simon Flair, Roy & Merle Fujinaga, Ed & Gorgette Gomes, Suzy Hemmings, Michael Higgins, Jack Hitchock, Senator Bob Hogue, Rachel S. Hyland(for Rep. Pendleton), KGMB, Ray and Dana King, David Lacha, Mary Leandro, Tony & Barbara Locricchio, Brenda Lumeng, Lynn Miller, Anne Moniyami, Naomi & Alan Murakami, Representative David Pendleton, Chuck & Leigh Prentiss, Joe Puchalali, Terry Revere, Joan Riggs, Rosi Rone, Melissa Smith Takagi, Thomas & Elieen Tengan, Linda Ure, Noe Dela Vega, Clifford Wakatake, Sue White, Donna Wong.
I. Call To Order : 7:00 p.m. by Linda Ure with protocols for the meeting as set out in Roberts Rules of Order: to address speakers, followed by discussion, questions and answers, in a effort to obtain as much information and disseminate as much information as possible on the question: Does any entity, (Weinberg Foundation, HRT Ltd., or any one else) intend to build (houses, condos, or anything else) at any time in the future on the Luana Hills Golf Club properties (both the existing golf course and the undeveloped golf course)? Representative of Landowner: (Invited by Community Association and Legislators). None present.
II. Old Business:
A. Chair Tony Locricchio opened with a history of the events leading up to this evenings meeting of the combined communities association, Olomana, Maunawili and Maunawili Estates.
History of development: 12-13 years ago Castle Estates proposed an increase of 5000 persons to the valley via 500-600 new homes. Community meetings pointed out the infrastructure would not support additional homes and persons. Castle sold land to the Japanese because of a law change; Agricultural land became zoned for Golf Courses, but suspicion was raised a level in the community as Stand Alone golf courses without surrounding condos do not make money. A new sewer system was added under Maunawili Road. More recently, the re-construction of the sewer system in all of the Kailua area has begun and the BWS has been upgrading the water system to Maunawili Estates. These have also raised the suspicion of the community. The current landowner, Weinberg Foundation, was invited by the association to meet with the community. The community has been told that the representative of Weinberg has been treated hostilely by the community and therefore does not wish to meet with us. This community wants to know the plans for the land in our community. A conditional Use Permit (CUP) was placed on the land (1986) in question when it was zoned from AG2 to Golf Course and a moratorium on building was put in the deed to restrict building houses for 20 years. However, it was not until 1992, in federal court that the deed restriction was filed. Does the calendar run 1992 + 20 years or does the calendar run 1986 + 20 years? The Landowner must face a legal challenge. The landowner must not be rewarded for not filing the deed restriction timely. This meeting was called to include the elected officials for all of affected Kailua, not just the Maunawili Community Association. To bring everyone up to speed for what has happened the last several weeks, –in a nut shell-- HRT purchased Luana Hill Golf Club and adjacent land from Pan Pacific Development . HRT is a subsidiary of Weinberg Foundation. Weinberg gives millions of dollars to schools, non-profit organization and participates in some development such as Lahaina Shopping Center. The acreage here is 1084 total acres. 190 is developed Golf Course. The deed restriction is in place to 2006 or (2012). Steve Holmes tells us "it is under control." $4.2M is to purchase non-golf course (1084-190) land and that he is chair of the Finance committee and supports acquisition of the 190 acres. HRT Side: Bill Dornbush as a potential negotiator "hadn't heard that." Plans for development? HRT has no plans for development at this time and that is "the honest truth." But Mr. Dornbush is cautioned against attending tonight's meeting by "A Weinberg Trustee" who says, "Why go if it means being harassed." Therefore, Mr. Dornbush says not coming is "not up to him." A letter was sent to the Mayor for clarification on the issue and to help facilitate the meeting with HRT, Weinberg. The reply is that no businessman can tell you the future. You can't ask a businessman to be open about future plans. Our resolve–the community–to facilitate and make sure no development at Luana Hills.
Senator Hemmings: Mr. Locricchio read Senator Hemmings letter that: the base of Olomana is in conservation. Protection of Maunawili Valley is most important because of the potential environmental catastrophe. Lulukuu Farms during the time when H3 was being built, DLNR allowed the land covering to be removed for a banana farm in the back of Maunawili Valley and it caused considerable erosion. Now it has been 10 years and the Banana Co-op (HSPA or Lulukuu Farms), and DLNR has leased to HBO for filming but the land was not put back in original condition on the possibility that further filming would be done in the future. This erosion is not the fault of Lulukuu Farms or HSPA but must be watched carefully. 2 golf courses, 1 built and an adjacent undeveloped golf course in the 190 acres. Does City & County consider this 190 acres or only the land outside and abutting the 190 acres.
Representative Joe Gomes: was unavailable this evening.
Representative David Pendleton's liaison Rachel Hyland reports that Mr. Dornbush said "but just trying to make a golf course work." It is Pendleton's understanding that Steve Holmes wants a hiking park as a city park. A FMV offer for the Country Club and the Golf Course(s) too; and no development in the park.
Steve Homes: Is not present this evening.
Question: The term Fair Market Value? In a condemnation proceeding two things to be in order. 1. Public purpose = benefits the public as a whole, e. g. park. FMV "constitutional requirement" must compensate for what property sells for on the market. Value 1985 was 7M; the current sale December 29, 2000 was 10M.
Representative Pendelton: David Pendleton spoke and said that he had called HRT and Weinberg. Responses were that 1. HRT and Weinberg are going to maintain status quo and 2. Not going to commit to long term plans. Question: Tell us now if condos are to be built. As Weinberg will not tell us now, we must assume worst case scenario. Weinberg wants to "make a go of current operations."
Chair Locricchio talked to Mr. Dornbush today he said, "didn't want to be locked in, just wanted to make golf course work and break even." Must also establish the FMV with income 10-20 years.
Ko'olau Poko Sustainable Communities Plan (KSPC), July 2000, prevents building on either of the two golf courses however, there are no written ordinances from the City & County on the Ko'olau Poki Sustainable Communities Plan (KSPC) at this time. The standing position of the KNB is found on the reverse side of the agenda for tonight. The reasons not to build and the stated standing position.
Question: How come the land was not bought by the City & County before the sale to Weinberg in December 2000. C&C suggest a deep financial crises at city level to Rene Mancho–purchase one new golf course land and Mt. Olomana land in conservation. Steve Holmes told the MCA, MECA and Olomana the whole thing would be bought. It was remarked that the Old Government Road belongs to the citizens of Hawaii. Massive work was done by Vickie Creed, Donna Wong and others in preserving Maunawili Valley. The Save Olomana Association, Jack Hitchock, said the Old Government Road belongs to the public and we have a right to use it. The three roads became the Old Government Road. A Stand alone golf course has not been viable in Hawaii.
Senator Hogue says that HRT purchased for 10m+ but Holmes says 12M would be economially viable. In Bankruptcy filing in 1995, $35M foreclosure. What can be done to prevent building. 1. Public outrage 2. Political pressure 3. Media Reports. However, you cannot make a private entity speak.
Pendleton: The trump card is eminent domain.
Hogue: Reporters went to Weinberg but were closed out. 16 years ago federal elections commission, 5 years to investigate for foreign contributions, elected officials to give back M$ in contributions. Pohakapu resolved, but maybe not. The Ko'olau Poko Sustainable Communities Plan took 3 years to work out and now we worry about councilmembers working around the KPSCP before ordinances are in effect. Remember that AG2 allows for one house to be built on each two acres when is supporting farming. But this is a legal precedent.
Either a zone change or court interpretation for the moratorium: is it 1986 or1992 + 20 years?
If a zone change, don't need to wait the 6 years. Be aware that there are 3 residential areas and so it is difficult in character of like kind. Steve Holmes was not particularly clear as to what the park would consist of. Hogue answered, community based input, Joe Correa of Waimanalo suggest a park surrounding Olomana acquire Resource Corporation 1.7M entire Mountain for public use as equestrian, camp, picnic, preservation sites, Koolau to encircle Olomana a total 5,600 acres to Holomalaheia Park and the Marsh from Makapuu to Koolau Loa.
Chair Locricchio says to remember this land is the closest undeveloped land to the Pali. It was reminded that there are a huge number of historical sites in the area. It was reminded that there is a traffic flow situation. Major changes in the entrance to Maunawili have never been allowed to happen.
If Weinberg Foundation is not forthcoming it will be a park vs a few affluent homes. At the last meeting monies were offered in trust to pay for a trip to Baltimore to speak with Weinberg Foundation trustees at headquarters, Baltimore. Word is that Weinberg Foundation trustees talk to NO ONE. Grants end up not funded if public opposes Weinberg. We need a group that is not funded by Weinberg to go to Baltimore and press to know why Weinberg Foundation does not have Aloha for our community. Again, HRT and Weinberg, just tell us the answer: Yes or No or Maybe. Trustee of Weinberg Foundation Mr Alvin Awaya is a graduate of Kailua High School. The Luana Hills land is 1. The water: seven streams of the Maunawili runoff–from the golf course; and no EIS has ever been done. Senator Hemmings also says that an EIS has never been done. 2. Hiking trails were to have been negotiated with a parking lot with a gate. 200 gravel truck loads were delivered to HBO "Lessons Learned" filming. Exceptional runoff and the bridges are not ready for the flood waters. The grading and tree cutting on the Maunawili Road, who is responsible for what has been done and the damage to the stream: DLNR. Dr. Paul Brenner underscored the historical significance of the original hub of Kailua Town. 1000 persons at the end of WWII. 5 Stores, cemetery, rice mills, 1860 and after in the back of Maunawili, archeological (major) still undisturbed. It is important to keep it that way on the Erwin, Heidman and Boyce Estates as 1850s royalty had their parties there. These should be on the State Registry. Prior to the great Mehele this land was a heaven to the Hawaiians. It will take monumental assistance from community work. Which entity has jurisdiction? Both. The State designates a zoning classification and the City designates a zoning classification. Land Use of the KNB: Conservation DLNR. Ag land shared by C&C and the State. A restriction from one entity is the shared responsibility of both. The viability of a golf course takes time. Mr. Dornbush can't be viable without advising or a good neighbor. No stand alone golf course makes money without houses. So an uphill battle to keep park open. Gravel has been brought in by HBO and Hawaiian Electric.
1. Need a proper map of properties. 2. Need to identify any endangered snails, frogs, birds etc. for federal prohibition. Wrap-up–follow previous phone calls to Mr. Dornbush so he can talk to trustees. A duty to know there are problems. Supportive in attempting to assist having golf courses viable
Coming meeting: Go to Baltimore to meet with trustees. Meet with Steve Holmes and assist in land to be bought. Encourage to buy all property by C&C. Go to KNB May 1, 2001.
Adjournment 9:00 p.m. Submitted by Linda Ure, Secretary





















Summary of Special Meeting April 2, 2001 Maunawili Community Association

Report on April 2, Community Association to address the question:
Does any entity, (Weinberg Foundation, HRT, Ltd., or anyone else) intend to build (houses, condos, or anything else) at any time in the future on the Luana Hills Golf Club properties (both the existing golf course and the undeveloped gold course?

The meeting was arranged with Senator Bob Hogue and Representative David A. Pendleton arranging to have a Weinberg representative present to answer the above question.

The meeting commenced at 7:00 p.m., April 2, 2001 at Trinity School auditorium, 875 Auloa Road, Maunawili (Thank you Trinity School!)

Over 100 residents/citizens attended the meeting which was recorded for television by KGMB. Representative Joe Gomes and City Councilmember Steve Holmes had received prior invitations but did not attend the meeting. Senator Fred Hemmings couldn't make the meeting but he sent a letter of support to the Maunawili Community Association. Members of the Olomana and Maunawili Estates Community Association as well as the Kailua Neighborhood Board all attended the meeting. No one representing Weinberg Foundation showed up; so the meeting proceeded in their absence. Senator Bob Hogue stated that a Mr. Bill Dornbush, apparently represented HRT, Ltd., told Hogue he would not attend this meeting. Mr. Tony Locricchio directed the proceedings (thank you Tony!).

Summary of important points of the meeting:

1. Senator Bob Hogue said that Mr. Dornbush would not commit HRT, Ltd. to answer the question by that the "honest truth" is that HRT, Ltd. does not plan to build on the golf course properties "at this time." Dornbush told Hogue that HRT, Ltd. "just wanted to make a golf course work."

2. Tony Locricchio said that attempts to build on the golf course properties were thwarted by public opposition from the community some 12-15 years ago. It was noted that Pan Pacific, originally a lender to the course, acquired the property (Luana Hills Golf courses plus 995 acres of Maunawili Valley property) for $35 million in a 1995 foreclosure action and then sold the entire 1085 acres to Weinberg Foundation, on December 29, 2000 for $10 million. Meeting attendees expressed misgivings about HRT, Ltd.'s purchase of a "failed" golf course, and expressed the opinion that Weinberg/HRT, Ltd., must surely have something more in mind for the golf course properties.

3. City Councilman Steve Holmes, previously invited but did not attend or send a representative, was said to have placed the entire 1085 acres on the city facilities map, and later worked through the City Council to budget some $42 million to buy the "non-golf course property." It was stated that the City could practice "eminent domain," condemn the golf course properties and acquire the golf course properties for fair market value. But, many saw that as "pie-in-the-sky" in that there can be no assurance of it. What if the City Council failed to practice "eminent domain.?" What if the City Council refused to budget money for this "fair-market value?"

4. Both State Senator Bob Hogue and State Representative David Pendleton received community applause for their statements that they support the community and that they oppose building on the golf club properties. Representative Pendleton had contacted Weinberg Foundation by letter, March 7, 2001, to arrange this meeting. He said that HRT, Ltd., told him they would "maintain the status quo" and that they were "not going to commit to long term plans one way or the other." Representative David Pendleton said that because Weinberg/HRT, Ltd., won't answer the question (see above) we should "assume the worst case."

5. Maunawili Community residents and Association member Jim Corcoran pointed out that the new Ko'olaupoko Sustainable Communities Plan (KSCP-formerly "Development Plan") approved by the Honolulu City Council in July (2000) precluded building on the Luana Golf course properties; however, at present, loopholes exist. Also, Corcoran pointed meeting attendees with the Kailua Neighborhood Board Resolution of January 4, 2001, which provides the KNB's position of opposition to development in Maunawili Valley, along with the 12 reasons for the KNB's resolution.

6. It was pointed out that no Environmental Impact Statement (EIS) had been done for the original golf course. How could that have been allowed? Who was responsible?

7. Dr. Paul Bremmen covered the many important historical aspects of Maunawili Valley - saying that the history of Maunawili Valley must be preserved. He described the Erwin, Heideman, and Royal estates as vacationing spots for Hawaiian Royalty in the 1800s, it was here that Queen Liliokulani composed the famous ode Aloha' Oi.

These are the most important aspects of this community meeting; much more was covered. (Contact Maunawili Community Association Recording Secretary, Linda Ure, for more detailed information. )

The meeting ended with a community resolution to make known to Weinberg Foundation/HRT, Ltd., the communities opposition to building houses, condos or other facilities in Maunawili Valley. The community, coordinated by Senator Bob Hogue and Mr. Tony Locricchio determined to pursue the issue, with aloha and respect for Weinberg Foundation/HRT,. Ltd. for as long as it takes to insure prevention of development on the Luana Hills Golf Club properties. The community wants the answers to the question posed here at the outset. Weinberg Foundation has been asked to attend the Kailua Neighborhood Board meeting on Thursday, 3, May, 2001, at the Kailua Park Recreation Center.

The meeting closed with a motion to hold the next MCA meeting in early May.

Submitted by Linda Ure, Secretary MCA

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