REP FC 141 2018/10/02 (2016-2018)

Home

REPORT OF THE COMMITTEE ON FINANCE DATE: October 2, 2018 Re: Comm. No. 1033/Res. No. 662-18 PLACE: Council Chambers Hilo, Hawai`i TIME: 9:30 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Finance, to which was referred Resolution No. 662-18, reports as follows: Resolution No. 662-18, transmitted by Ronald Kim, Deputy Corporation Counsel, via Communication No. 1033 dated August 5, 2018, accepts a grant of pedestrian public access easements, identified as Tax Map Keys: 5-3-007:010(por.) and 5-3-007:041 (por.), situated at Halawa, Papaa, and Napapa`a, District of North Kohala, Island and County of Hawai`i, State of Hawai`i, from Vipassana Hawai`i, a Hawaii nonprofit corporation and Inhabit, LLC, a Delaware Limited Liability Company. The granting of pedestrian public access easements is a result of the Settlement Agreement between the County and Surety Kohala Corporation entered into on April 4, 2002. Thomas Yeh, attorney for Vipassana, provided background summary regarding the pedestrian public access. He stated that the easement runs from the Kohala Lighthouse, crosses two gulches and some historical sites, old agricultural terraces. Mr. Yeh stated in order to take care of the steepness, instead of going up and down the hill, one would go diagonally across the slope. In many places it is actually more than 40 feet from the cliff edge, and at the same time, trying to respect the private ownership issues. The idea was to keep it for pedestrians and come up with a location that is safe. Mr. Yeh stated at this time it would be on a daytime basis, until the County is able to and has the resources to provide an overnight permitting system. Under Rule 21 of the Hawaii County Planning Department's rules for public access, a rule would be established for nightime fishing, that is the basic element of the Settlement Agreement, which occurred back in 2002 and which was part of the Surety Kohala process. Vipassana bought some of the lands including the shoreline property from Surety Kohala. Mr. Yeh feels the public will benefit from having the easement. Council Chair Valerie T. Poindexter requested a postponement of this resolution until Council Member Herbert "Tim" Richards, III would be available, allowing him to weigh in on this resolution since it is in his district and would know the concerns of his constituents. Council Member Dru Mamo Kanuha also agreed with the postponement and requested that a map be provided. Mr. Yeh stated he will provide each Council Member with a letter, and will include a map, a draft of the Grant of Easement, and any other background information. FC Report No. 141