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HomeMy WebLinkAboutCOM 0246.014 2012-2014 P/ EMC Hawaiian Shores Community Association 15-2793 S. HONU STREET PAHOA, HAWAII 96778 PHONE (808) 965-8140 FAX (808) 965-0802 EMAIL: hsca�a?hawaii.rr.com r•-.) C-1 Website: www.hawaiianshores.orq vp �-H Aug. 16, 2013 -o To: Environmental Management Committee = Hawaii County Council N � 25 Aupuni Street v, = Hilo, HI 96720 Aloha Councilman Kern, Chair and Committee Members, On July 8, 2013 the Hawaiian Shores Community Association (HSCA) submitted testimony on this bill which our community widely supports. In that communication we explained issues this community deals with involving noxious weed trees like Albizia, and the significant economic harm it is doing to community through property damage, undermining paved roads, and damaging underground utilities. We also noted the threat to human life and safety. Since that hearing, HSCA has signed a Right of Entry agreement with Kamehameha Schools Bishop Estates (KSBE) to allow HSCA to eradicate non-hazardous Albizia trees along our mutual border behind our well and water distribution yard. We are being proactive on the matter, but our hands are tied when it comes to dealing with hazardous trees such as addressed in Bill 64. A hazard tree is any tree growing in a manner that if killed using the "hack and squirt" method recommended by the U.S. Forestry Service, would drop branches and potentially harm personal property, animals or humans. The County Council must demonstrate that it is concerned about its citizen's welfare and pass this measure after voting down Councilwoman. Wille's proposed amendments Section 20-22 (d) and Section 20-23 (c). The first proposed amendment by Ms. Wille, Section 20-22 (d) is inappropriate due to the fact that on an 8,000 square foot lot - the average size of a residential lot in a Puna subdivision - it is virtually impossible to build a home or structure that will not be impacted by a neighbor who allows the uncontrolled growth of an Albizia that can reach 100' in height with a canopy of 100' or more in a very short time frame. The second proposed amendment by Ms. Wille, Section 20-23 (c) forces the persons being negatively impacted by a neighboring property owner's negligence to pay the costs of removal. This violates the intent of the bill which is to collect the costs of removal from the owner of the offending vegetation through the lien process. It appears the County will be double dipping by charging the complainants for the costs of removal, while also issuing liens to recoup costs! These proposed amendments hamper the effectiveness of this measure and are not in the best interest of the island's citizens. I personally attended the last hearing on Bill 64 held in Hilo and was astonished to hear a few people speak against the bill. In almost every case, the person dissenting on this Comm. No 42"'ill Ref.To: r°l C Ref. Date AUG 2 0 2 013 Environmental Management Committee Hawaii County Council Aug. 16, 2013, Page 2 measure misunderstood the intent of the bill, and assumed it was a governmental attempt to control the plants they grow in their yards. That is not the purpose of this measure which is to relieve the citizens of this island from the increasing threat of physical harm and property damage that could cause extensive financial hardship. If the County does not take appropriate action to provide relief from delinquent property owners who allow the growth of trees such as Albizia to threaten neighboring property owners, it is likely that law suits will follow and the County will be found to have acted negligently in not providing protection of its citizens. Bill 64 provides a mechanism for the County to recoup its costs of controlling offending vegetation through liens and foreclosure which also avoids tying up the courts with unnecessary civil suits between property owners seeking relief from damages caused by negligent neighbors. We do object to Councilwoman Wille's amendment that requires the complainant to shoulder the costs of removing a hazardous At the last hearing, Senator Ruderman addressed the Council and called for a collaborative approach to dealing with the increasing threat of Albizia, especially throughout his district which spans from Kea'au to Ka'u. Along with the Hilo districts, this area is the most impacted by the Albizia proliferation, although it is spreading further every year and impacts other islands as well. We urge you to pass this bill before the problem escalates further. It is our understanding that Bill 64 was to be considered by the Environmental Commission, yet due to the fact they could not establish quorum to hear the measure, by administrative rules this becomes a negative recommendation. Since the Commission wasn't able to weigh in on the measure, using the administrative rules as a reason not to approve this bill would be a travesty. Further, the acting director of the Department of Environmental Management (DEM), wastewater engineer Dora Beck, elected not to weigh in on the measure since Bill 64 provides directives to the Department of Public Works (DPW); not to the DEM. It is the DPW who is responsible for picking up illegal dumping and dealing with obstructions to roads and utilities. It only makes sense that DPW is the entity to implement this measure. DPW has an equal opportunity to weigh in on this bill at hearing as does the public. Again, in summary, we wish to emphasize how important this measure is to the health, safety and economic well-being of the citizens of this island and ask the Council to be proactive and pass this measure after voting down amendments Sections 20-22(d) and 20-23 (c). Respectfully Submitted, ��leen O' ar, 7h,D. Eileen O'Hara, Natural Resource and Environmental Economist Hawaiian Shores Community Assn President, Board of Directors