Laserfiche WebLink
FC-132 Page 2 February 18, 2014 <br /> Steven Lim of Carlsmith Ball, LLC and Charles Anderson, both representing Kohala Kai, LLC, appeared <br /> before Your Committee for questions. Mr. Lim explained the revisions that were made to the Grant of <br /> Public Access Easements. These changes were done by request of the Council at the <br /> December 3, 2013 Finance Committee meeting. He noted the request to increase the width of the lateral <br /> pedestrian public access to 20 feet was unnecessary because the Grant of Public Access Easements already <br /> stated that if erosion occurs and the easements are destroyed, then the easements could be relocated to a safer <br /> location immediately adjacent to the destroyed portion of the Public Access Easements. Furthermore, <br /> Mr. Lim included that provision four (4), on page seven (7), of the Grant of Public Access Easements, makes <br /> it clear to all that the County's acceptance of this grant does not affect anyone's rights to the Ala Loa Trail. <br /> The Council shared their concerns regarding the safety along the edge of the trail,the inadequate parking, <br /> future maintenance of the trail, and the liability to the County. Discussion regarding the history of the trail <br /> was cautioned, so as not to violate the Sunshine Law, by Council Members Poindexter and Kern. <br /> Planning Director Duane Kanuha appeared before Your Committee for questions. Council Member Ford <br /> questioned Mr. Kanuha about the several dangers and safety concerns in the photos provided to the council <br /> members, via Comm. No. 343.37. She pointed out that the public access was within the waterline and posed <br /> a danger to the public. Ms. Ford then asked Mr. Kanuha if he and the Planning Department would be in <br /> support of the Council's decision if they were to accept the Grant of Public Access Easements based on the <br /> current conditions and safety issues of the trail. Director Kanuha replied that the original Grant of Public <br /> Access Easements, the parking, etc., were previously approved by the former Planning director. He further <br /> included that the Planning Commission imposed the public access conditions that were required at that time. <br /> However, if the bill were referred back to the Planning Department and the Planning Commission by the <br /> Council, he would have to take another look at the plan based on the existing situation to determine his <br /> approval. <br /> Council Member Wille recommends that Carlsmith Ball LLP, the legal firm representing the developers, add <br /> a covenant to the Grant of Public Access Easements to ensure no future building or obstructing of the trail <br /> occurs; and furthermore, Ms. Wille requests that the Planning Department make a notation of the trail on the <br /> developer's plan. <br /> Pursuant to Article XIII, Section 13-12, Hawai`i County Charter, the Council, on behalf of the County, may <br /> accept gifts of donations of money, securities or other personal property or of real estate or any interest of <br /> real estate. <br /> Your Committee on Finance is in accord with the purpose and intent of Resolution No. 140-13, as amended <br /> to Draft 3, and recommends its adoption. <br /> sc <br /> AYES NOES ABS EX Respectfully submitted, <br /> EOFF X <br /> FORD x COMMITTEE ON FINANCE <br /> ILAGAN X <br /> KANUHA X <br /> KERN X P rr /1,0 <br /> ONISHI X <br /> POINDEXTER x VALERIE T. POINDEXTER, CHAIR <br /> WILLE X FC REPORT NO.: - 132 <br /> YOSHIMOTO x ADOPTED: MAR 0 71 Q <br />