HomeMy WebLinkAboutREP LAAC 069 2024/10/01 2022-2024REPORT OF THE
LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE
DATE: October 1, 2024
PLACE: Council Chambers
Hilo, Hawaii
TIME: 1:01 P.M.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Re: Comm. No. 1052/Res. No. 633-24
Your Committee on Legislative Approvals and Acquisitions, to which was referred Resolution
No. 633-24, reports as follows:
Resolution No. 633.24, transmitted by Environmental Management Director Ramzi I. Mansour, via
Communication No. 1052, dated September 12, 2024, authorizes the acquisition of private property
by eminent domain of a portion of Tax Map Key: 9-5-007:016, situated at Kdhilipall'lkt and
Kahilipatinul Ahupua'a, District of Ka'a, Island and County of Hawaii, State of Hawaii, for the
Nd'dlehu Wastewater Treatment Plant.
This resolution authorizes the Corporation Counsel to initiate proceedings for the taking, acquisition,
and condemnation of private property for the construction of a wastewater treatment plant required by
the Administrative Order on consent entered with the U.S. Environmental Protection Agency.
Environmental Management Director Ramzi I. Mansour was present and explained for this
proceeding, the deadline is in 2027. Mr. Mansour stated that they would not stop working together
with property owner, Ala Kahakal Trail Association.
Environmental Management, T.A. Deputy Wastewater Division Chief Mark Grant and Deputy
Corporation Counsel Diana Mellon -Lacey, and Ala Kahakai Trail Association Representative
Keoni Fox were also present to answer questions.
Committee Member Cindy Evans commented that this eminent domain action may prevent
agreements that have been made with the property owner and questioned why such agreements
regarding the property owner and Mr. Fox were not included within the resolution.
Mr. Fox, who also testified in opposition to this resolution, stated that he would like to have open
dialogue and has worries about going forward without losing protected resources.
Ms. Mansour stated that the 28 acres is part of over 2,000 acres and the eminent domain action is to
take ownership of the 28 acres, which would then give the County the right to build the Wastewater
Treatment Plant on the property. Ms. Mellon -Lacey clarified that the 28 acres identified is the site for
the Wastewater Treatment Plant, is not part of the conservation easement.
LAAC Report No. 69
LAAC-69 Page 2 October 1, 2024
Ms. Mellon -Lacey, in response to inquiry by Committee Member Matt Kaneali`i-Kleinfelder,
explained that an eminent domain action requires a resolution from the council, then a petition is filed
with the court that says the land is being taken for a public purpose, and that the County would pay a
fair market value and fair compensation. Then the remaining issue would be that the amount of
property taken cannot be more than what is needed.
More discussion took place regarding entry being allowed onto the Ala Kahakai property, and also
about discussion that needs to take place between Mr. Fox and the Department of Environmental
Management. Mr. Mansour and Mr. Fox both agreed that they would converse, and that the
Department would be allowed onto the property, all prior to the next meeting.
Chair Inaba stated that he would like outcome of these meetings reported by Mr. Mansour and
Mr. Fox at the Council meeting in two weeks.
Your Committee on Legislative Approvals and Acquisitions is in accord with the purpose and intent
of Resolution No. 633-24, and recommends its adoption.
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AYES
NOES
ABS
EX
EVANS
X
GALIMBA
X
INABA
X
KAGIWADA
X
KANEALI`I- KLEIN FELDER
X
KIERKIEWICZ
X
KIMBALL
X
LEE LOY
X
VILLEGAS
X
Respectfully submitted,
COMMITTEE ON LEGISLATIVE
APPROVALS AND ACQUISITIONS
Af
OLEKA GORO INABA, VICE CHAIR
LAAC 'O' • •
ADOPTED:
O, 4