If accurate, that changes the situation dramatically. I'm surprised that it took a private citizen to figure this out rather than County officials.
Yeah Charlie, you would think the Director of the County Department of Parks and Recreation would look into this before she made such a hasty decision to just close the permits for the three parks...Makena Landing, Maluaka North and Maluaka South. I get the feeling that they did know the status but wanted to help see the status change so they don't have to worry about Makena Landing anymore. I mean, they were trying to come up with a way to reduce the number of permits for Makena Landing from the present count (around 27 I think) to 8. How could they possible do that and be fair to everyone that aleady has a permit? Beats me. This new strategy works pretty good for them, don't you think? It really takes the heat off them. This decision affects a lot of businesses and a lot of people and it's not right.
Jeff from Maui Dive Shop asked me to look into it, you know, check the public records and do a little sleuth work. It's no simple task and hardly my expertise, however, it was me and Bobby Baker that went to the Planning and Zoning Office to explore this PK-1 stuff. We were surprised when the director told us there are very few PK-1 parks to begin with. We were pleased to discover that Makena Landing is NOT a PK-1......yet.
Here's a link to the Zoning Departments explanation of the PK-1, PK-2, PK-3 and PK-4 designation.
Maui County Code
Look for this: Chapter 19.615 PARK DISTRICTS
Here's the kicker...It turns out, Dowling is trying to make it a PK-1 (I suspect BEFORE Aug. 31.). This is a zoning change that must go before the Maui County Council and is subject to public imput. We're now trying to determine when that meeting will be held so we can go petition the County Council to not make the zoning change to PK-1. Presently Makena Landing is zoned as just a "Park". It would help us all if we can have a strong showing at that meeting. It will be held at the Maui County Council Chambers but I don't know when. We're asking everyone to help win this in our favor.
So, let's re-cap. Dowling announces to the Parks Department that Makena Landing is PK-1. They believe him without challenge even though it is not. They tell us we're all out of luck in 60 days and that the decision didn't come from their office. Is that ethical? Is that legal? Is that Pono? Is that 'dirty pool'? It sure sounds questionable to me and everyone I've spoken with about it. I think someone is trying to 'pull a fast one'. The County Parks Department issued my permit. They authorized me to have access to conduct my classes and tours in that area for ten years. Dowling says what we've been doing is illegal and they immediately tell us they will no longer be issuing permits for CORA activities at those beach parks. Does this mean I've been operating illegally for ten years??? What were my fees for? What were my Permits for? Something smells fishy. If I have been illegal all this time why haven't I been prosecuted??
I'm going back to the planning department for more dirt on this subject. The planning and zoning supervisor, Mr. Francis Cerizo signed official documents for me saying that Makena Landing is Zoned 'Park', not PK-1. I asked him what that meant. He said just because somethng is zoned 'Park' does not automatically make it 'PK-1'. Who do you think has the facts straight? I go with Mr. Cerizo. He knows about Everett Dowling and how he operates. I think we're just getting started. I wonder what a judge would say about this?
Any thoughts O'hana?