HomeMy WebLinkAboutREP PEMC 020 09/14/2004 2002-2004REPORT OF THE COMMITTEE
ON PARKS & ENVIRONMENTAL MANAGEMENT
DATE: September 14, 2004 RE: Comm. No. 740/Resolution No. 230-04
PLACE: Councilroom
f1ME: 9:00 a.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Parks and Environmental Management, to which was referred Communication No. 740,
from Environmental Management Director Barbara Bell, dated August 25, 2004, reports as follows:
Communication No. 740 transmitted Resolution 230-04, authorizing the extension of the public sewer along
Makaala Street and reimbursement for the cost of construction of the extension for Home Depot USA at
Hilo, Hawaii; it also transmitted related correspondence from M&E Pacific, Inc.
Patrick Kahawaiola`a, President of the Keaukaha Community Association, questioned the County process for
approving sewer extensions on Department of Hawaiian Homes Land (DHHL), emphasizing that the DHHL
does not represent Native Hawaiians -- or beneficiaries -- they represent the State. He further stated that
there is a double standard at play: one set of guidelines for large corporations and another for beneficiaries.
He emphasized that the Hawaiians are not against sewer projects, including the Home Depot project, but they
are opposed to the process which they feel treats them second class citizens. The issue of reimbursement was
also brought up, and he likened it to the problems encountered in the discussions regarding the Waiakea
Center project. His main point is the status of Native Hawaiians, as beneficiaries, in relation to what happens
or does not happen on Hawaiian Home lands.
Director of Environmental Management Barbara Bell commented that sewer systems benefit all people. She
also commented that she was not aware that work on the sewer extension had begun before approval was
granted. However, as soon as they found out, they directed M& E Pacific, Inc. to apply for approval for the
Home Depot sewer extension.
Council member J. Curtis Tyler, III noted that construction on the sewer extension had been underway for
some time, even though the Council still hadn't approved the extension by resolution as required by law. He
questioned Engineer Harold Sugiyama, M & F. Pacific, about this issue. He also brought up the issue of
reimbursement -- that reimbursement cannot be a windfall or profit-making device for the developer. He felt
that too many issues were not addressed on this point and asked the Department of Environmental
Management to bring forward more information for the next meeting.
M & E Pacific, Inc. Engineer Harold Sugiyama replied that he was not aware of the requirement -- a Council
approved resolution authorizing a sewer extension -- when the project started. The Council, he suggested,
could look at the Waiakea Plaza Project for guidance. if Resolution 230-04 fails, Home Depot could resort
to a septic system. Council member Mike Tulang said that a septic system in that area would be detrimental
to public safety because of the possibility of water contamination. He emphasized that there is a compelling
need to protect water quality.
Council member Bob Jacobson expressed overall support for the wastewater program. Council Chair James
Arakaki also supported the resolution to extend the sewer.
Council member Aaron Chung brought up the question of jurisdiction and the contents of the Memorandum
Of Agreement (MOA) between the County and DHHL. The County would need something to verify the
transfer of ownership to the County, at least a bill of sale. Committee Chair Joe Reynolds also said that the
contents of the MOA would help the Council. Council member Chung further suggested that the County
might not have any jurisdiction. And if this was the case, there was no need for the Council to take any
action. Home Depot and DHHL could work out an agreement without the County's involvement.
A motion to defer Resolution 230-04 was defeated. Voting in favor of a deferral: Council members Dr. Fred
Holschuh, Joe Reynolds, Curtis Tyler, and Leningrad Elarionoff. Voting against a deferral: Council
members James Arakaki, Mike Tulang, Aaron Chung, and Bob Jacobson.
As affirmed by the record of votes of the members of your Committee, concurs with the intent and purpose
of 230-04, and recommends its adoption.
wi
AYES NOES A&E EX
ARAKAKI X
CHUNG X
ELARIONOFF X
HOLSCHUH X
JACOBSON X
REYNOLDS X
SAFARIK X
TULANG X
TYLER X
Respectfully submitted
COMMITTEE ON PARKS & ENVIROMENTAL
MAN/~GEMENT ~~/~
!~: e~
JOSEPH REYNOL SS, C . AI
PEMC REPORT NO 20
ADOPTED: OCT Q 2OO4