REP FC 058 03/27/2013 (2012-2014)

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REPORT OF THE COMMITTEE ON FINANCE DATE: March 27, 2013 Re: Comm. No. 210 /Res. No. 92 -13 PLACE: Council Chambers Kona, Hawaii TIME: 5:18 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Finance, to which was referred Resolution No. 92 -13, reports as follows: Resolution No. 92 -13, transmitted by Mayor William P. Kenoi, via Communication No. 210 dated February 8, 2013, accepts a grant of easement from Robert Milbank, Jr., Trustee in the bankruptcy case of Pacific Plains Company, LLC for public access purposes. The easement will provide vehicular parking and pedestrian public access along a length of the North Kohala Coastline. Ms. Ford, who supports Resolution No. 92 -13, was concerned about the bankruptcy situation in this grant of easement resolution. Corporation Counsel Lincoln Ashida was not familiar with the specific details of the bankruptcy. Finance Director Nancy Crawford spoke on behalf of Planner Larry Brown from the Planning Department. Ms. Crawford stated that the bankruptcy was not relevant in this situation. According to her discussion with Mr. Brown, the Trustee of Pacific Plains Company, LLC, Robert Milbank, Jr., came into the Planning Department for consolidation, re- subdivision and zoning of some lots. Part of the requirement for the Special Management Area (SMA) approval is having access to the shoreline. Planning Department issued a tentative approval and accepted the shoreline plan. Furthermore, subject grant of easement access was executed in January 2013. Based on the information provided, Corporation Counsel Lincoln Ashida affirmed that Mr. Milbank Jr. had gone through the bankruptcy process legally. Pursuant to Article XIII, Section 13 -12, Hawaii County Charter, the Council, on behalf of the County, may accept gifts of donations of money, securities or other personal property or of real estate or any interest of real estate. Report No. 58