At request of Asing, Mayor discusses Kealia Kai clearing

Mayor Maryanne Kusaka appeared before the Kaua’i County Council Thursday to refute public claims of unpermitted clearing of land at a new county park at Donkey Beach.

Although her report satisfied most council members, some residents continued to rail against Kusaka for having used Kealia Kai workers – on a volunteer basis – to cut trees and remove vegetation between April 24-26.

The state Department Land and Natural Resources and the Kaua’i County Planning Department have exonerated Kusaka’s administration, saying no after-the-fact permits were needed for maintenance work.

Kusaka also apologized for inadvertent cleaning of a culturally-sensitive area and ordered the posting of signs and installation of boulders to prevent trespassing.

Richard Stauber, who lodged a complaint that has led to a police investigation, claimed the work was illegal because no permits were issued.

Kusaka appeared before the Council at the request of Councilman Kaipo Asing, who wanted more details of the work.

The Council received the matter for the record, but not before Stauber and others lobbed more complaints against the Kusaka administration over the issue.

Stauber demanded a letter of apology from Kusaka and suggested someone in the county government attempted to thwart the police investigation.

Stauber also questioned why Kealia Kai workers cleaned up the new county park and not county workers.

The work was done within 60 acres of beachfront land that the developers of the Kealia Kai luxury subdivision has deeded to the county. The gift provided additional recreational space for use by residents and visitors.

Cheryl Lovell-Obatake, who is of Hawaiian ancestry and was concerned about potential damage to the cultural site, said it was a mistake for a backhoe to be used.

She said she hoped that future cleanup doesn’t result in the pulling out of hau trees. Should that happen, human bones from burials and artifacts could be disturbed and unearthed, she said.

Ray Chuan said the area should be “left alone,” as recommended by Councilman Gary Hooser.

Hooser said in view of what has taken place – an lengthy public debate and potential damage of cultural finds – no more work should be done at the beach.

Chuan also said tree stumps left after the cleanup are an eyesore.

Glenn Mickens of Kapa’a said the county or state should focus attention on the cleanup of established county beach parks rather than newly formed ones like the one at Donkey Beach.

Speaking in defense of the work, Kusaka said she contacted officials with the DLNR and county planing department about the work and was told no permit was needed in the special management area because the work involved only maintenance.

Problems only arose when large machinery was used to remove naupaka vegetation by burial sites, Kusaka said.

She publicly apologized for the inadvertent clearing of shrubs and took responsibility for the work. “I apologize for the volunteers. They meant well,” Kusaka said.

Kusaka also said she contacted LaFrance Kapaka Arboleda, of the Kaua’i Burial Council, and Nancy McMahon of the DLNR Historic Preservation Division after the cleanup.

The county can send cleanup crews to the new county park, and through a condition in the deed that transferred the 60 acres to the county, Kealia Kai also can perform maintenance, Blake said.

But Kealia Kai should check with government if it encounters work that appears to need a permit, Blake said.

The conflict might never had arisen if only hand tools were used for the work, said Council Chairman Ron Kouchi.

“Maintenance implies hand tools. Anything else seems to require permits,” Kouchi said. Kusaka, however, had a different interpretation, saying that hand tools could mean gas-powered tools.

Asing said no problems could have developed if a permit process had been in place for the volunteer work.