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REPORT OF THE <br />LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE <br />DATE: October 1, 2024 <br />PLACE: Council Chambers <br />Hilo, Hawaii <br />TIME: 1:01 P.M. <br />Council Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Re: Comm. No. 1052/Res. No. 633-24 <br />Your Committee on Legislative Approvals and Acquisitions, to which was referred Resolution <br />No. 633-24, reports as follows: <br />Resolution No. 633.24, transmitted by Environmental Management Director Ramzi I. Mansour, via <br />Communication No. 1052, dated September 12, 2024, authorizes the acquisition of private property <br />by eminent domain of a portion of Tax Map Key: 9-5-007:016, situated at Kdhilipall'lkt and <br />Kahilipatinul Ahupua'a, District of Ka'a, Island and County of Hawaii, State of Hawaii, for the <br />Nd'dlehu Wastewater Treatment Plant. <br />This resolution authorizes the Corporation Counsel to initiate proceedings for the taking, acquisition, <br />and condemnation of private property for the construction of a wastewater treatment plant required by <br />the Administrative Order on consent entered with the U.S. Environmental Protection Agency. <br />Environmental Management Director Ramzi I. Mansour was present and explained for this <br />proceeding, the deadline is in 2027. Mr. Mansour stated that they would not stop working together <br />with property owner, Ala Kahakal Trail Association. <br />Environmental Management, T.A. Deputy Wastewater Division Chief Mark Grant and Deputy <br />Corporation Counsel Diana Mellon -Lacey, and Ala Kahakai Trail Association Representative <br />Keoni Fox were also present to answer questions. <br />Committee Member Cindy Evans commented that this eminent domain action may prevent <br />agreements that have been made with the property owner and questioned why such agreements <br />regarding the property owner and Mr. Fox were not included within the resolution. <br />Mr. Fox, who also testified in opposition to this resolution, stated that he would like to have open <br />dialogue and has worries about going forward without losing protected resources. <br />Ms. Mansour stated that the 28 acres is part of over 2,000 acres and the eminent domain action is to <br />take ownership of the 28 acres, which would then give the County the right to build the Wastewater <br />Treatment Plant on the property. Ms. Mellon -Lacey clarified that the 28 acres identified is the site for <br />the Wastewater Treatment Plant, is not part of the conservation easement. <br />LAAC Report No. 69 <br />