REP FC 269 10/16/2012 2010-2012 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON FINANCE DATE: October 16, 2012 Re: Comm. No. 853/Res. No. 308-12 PLACE: Council Chambers Kona, Hawai`i 96725 TIME: 1:35 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Finance, to which was referred Resolution 308-12, reports as follows: Resolution No. 308-12, transmitted by Council Chairperson Dominic Yagong via Communication No. 853, dated September 17, 2012, authorizing the acquisition of easements in private property by eminent domain, being a portion of Tax Map Key(s): (3)2-7-004-118 and (3)2-7-027-065, situated at Papaikou, District of South Hilo, to provide a pedestrian public access easement to the beach at Papa'ikou. This matter was held over on October 2, 2012 for a site visit, public hearing, and presentation by property owners, Mr. JamesWaugh and Ms. Charlene Prickett, at Papa'ikou, Hawai`i, to be held on October 10, 2012. Communication 853.10 provided to your Committee a presentation by property owners James Waugh and Charlene Prickett. Mr. Yagong commented that this is the most important issue facing Hamakua and, as identified by the community in District 1 that he represents, is an access to the ocean and the mountain. Papa'ikou Mill Road is at the center of the Hamakua CDP planning, and it is important to the community to have access to the ocean. The precious resource is not the trail but the beach, for subsistence activities to feed families. Furthermore, it is provided in Section(s) 115-1, 115-2, 115-5 and 115-6, purchasing land for public right-of-way to the shorelines, the sea, and inland recreational areas shall be made under Chapter 101 of the Hawaii Revised Statutes, which sets forth provisions for condemnation of private property, otherwise known as eminent domain. Mr. Yagong provided several significant points on the deliberation of this matter and consideration of another alternative solution: 1) recent testimonial receipt of owners' deed and content describing"as is"purchase of former sugar mill site and its related industrial, commercial use and exposure to gasoline, pesticides, poisons, various asbestos, etcetera of this property; and 2) confirmation by the Department of Health site discovery assessment and remediation section documented historical contamination associated with pesticide mixing on this property and assessment done in 2011. He also acknowledged Ms. Prickett's apology at the public hearing to the community, and the sensitivity of this issue. FC Report No. 269