HomeMy WebLinkAboutREP FC 269 10/16/2012 2010-2012 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
FC-269 Page 2 October 16, 2012
Some of Your Committee members commented: 1) ownership of beach; 2) public parking
concerns; 3) eminent domain is not the answer and the owners should continue to discuss
with the community to provide access; 4) possible discussion of secondary trail; 5) property
owners consider declaratory easement as provided by previous public testimony from
Mr. Steve Shropshire, as and an alternative solution; and 6) continue moving ahead with eminent
domain as it protects public access in the future.
A proposed amendment was transmitted via Communication 853.22 by Council Chair Yagong,
dated October 11, 2012. Mr. Yagong stated that this was a recommendation by Corporation
Council to correct language as described in the exhibit. This amendment contained in
Communication 853.22 was unanimously approved.
Mr. Yagong seeks Your Committee support to move this forward and, hopefully, will allow two
weeks for the owners and community to continue working on this before the next Council
meeting.
For informational purposes, Mr. Ikeda and Ms. Ford voted "kanalua" twice.
Your Committee on Finance is in accord with the purpose and intent of Resolution 308-12, as
amended to Draft 2, and recommends its adoption.
dkr
AYES NOES A&E I EX Respectfully submitted,
BLAS X
FORD x COMMITTEE ON FINANCE
HOFFMANN X
IKEDA X
ONISHI X
PILAGO X
SMART x BRENDA FORD, CHAIR
YAGONG X FC REPORT NO. 269
YOSHIMOTO X ADOPTED: NOV 0 9 2012