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HomeMy WebLinkAboutREP FC 132 2014/02/18 (2012-2014) REPORT OF THE COMMITTEE ON FINANCE DATE: February 18, 2014 Re: Comm.No. 343/Res. No. 140-13 PLACE: Council Chambers Kona, Hawai`i TIME: 4:07 p.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Finance, to which was referred Resolution No. 140-13, reports as follows: Resolution No. 140-13, transmitted by Mayor William P. Kenoi, via Communication No. 343 dated July 1, 2013, accepts a grant of easements from Kohala Kai, LLC for public access purposes. The easements will provide vehicular public access, public access parking and a mauka-makai and lateral walkable trail to the shoreline. On July 23, 2013, Your Committee postponed the measure to the call of the Chair. During the July 23, 2013 meeting, several council members expressed their concerns and requested that Planner Larry Brown bring a large map to the next meeting to help identify the trails. In addition, Council Member Eoff suggested that the Planning Department, the Community Development Plan (CDP)Action Committees and the National Park Service, U.S. Department of the Interior meet to discuss the concerns and gather information prior to the next Finance Committee meeting. The measure was brought back at the December 3, 2013 meeting; however, it was postponed to the next Finance Committee meeting, to be held on December 17, 2013. It was suggested that Council Member Wille and the developer work together to improve the language in Resolution No. 140-13. On December 17, 2013, Resolution No. 140-13 was amended by the replacement of Exhibit l with the "Grant of Public Access Easements" as provided in Comm.No. 343.27. For informational purposes, there were no changes to the text of Resolution No. 140-13. During the meeting, Resolution No. 140-13, as amended to Draft 2, was postponed to the January 21, 2014, Finance Committee meeting. There was still concern by some council members as to the prior Planning director's decision to approve the application and whether it was done without the input and considerations of the community, the North and South Kohala Community Development Plan (CDP) Action Committees, and other significant agencies. There was still uncertainty if the Ala Loa Trail would be affected by this grant of easements. In the course of the Finance Committee meeting on January 21, 2014, Your Committee postponed the measure to the next Finance Committee, to be held in Kona on February 18, 2014. The land owners, via Communication No. 343.33, requested the postponement for February 4, 2014; however, Council Member Wille suggested that Kona would be better suited for the next meeting to allow the West Hawai`i community to testify on the matter. At the February 18, 2014 Finance Committee meeting, Resolution No. 140-13, Draft 2, was replaced with the contents of Communication No. 343.34, by Council Member Kern. The amendment was approved unanimously, with Ms. Ford voting "kanalua"then "aye". FC Report No. 132 FC-132 Page 2 February 18, 2014 Steven Lim of Carlsmith Ball, LLC and Charles Anderson, both representing Kohala Kai, LLC, appeared before Your Committee for questions. Mr. Lim explained the revisions that were made to the Grant of Public Access Easements. These changes were done by request of the Council at the December 3, 2013 Finance Committee meeting. He noted the request to increase the width of the lateral pedestrian public access to 20 feet was unnecessary because the Grant of Public Access Easements already stated that if erosion occurs and the easements are destroyed, then the easements could be relocated to a safer location immediately adjacent to the destroyed portion of the Public Access Easements. Furthermore, Mr. Lim included that provision four (4), on page seven (7), of the Grant of Public Access Easements, makes it clear to all that the County's acceptance of this grant does not affect anyone's rights to the Ala Loa Trail. The Council shared their concerns regarding the safety along the edge of the trail,the inadequate parking, future maintenance of the trail, and the liability to the County. Discussion regarding the history of the trail was cautioned, so as not to violate the Sunshine Law, by Council Members Poindexter and Kern. Planning Director Duane Kanuha appeared before Your Committee for questions. Council Member Ford questioned Mr. Kanuha about the several dangers and safety concerns in the photos provided to the council members, via Comm. No. 343.37. She pointed out that the public access was within the waterline and posed a danger to the public. Ms. Ford then asked Mr. Kanuha if he and the Planning Department would be in support of the Council's decision if they were to accept the Grant of Public Access Easements based on the current conditions and safety issues of the trail. Director Kanuha replied that the original Grant of Public Access Easements, the parking, etc., were previously approved by the former Planning director. He further included that the Planning Commission imposed the public access conditions that were required at that time. However, if the bill were referred back to the Planning Department and the Planning Commission by the Council, he would have to take another look at the plan based on the existing situation to determine his approval. Council Member Wille recommends that Carlsmith Ball LLP, the legal firm representing the developers, add a covenant to the Grant of Public Access Easements to ensure no future building or obstructing of the trail occurs; and furthermore, Ms. Wille requests that the Planning Department make a notation of the trail on the developer's plan. Pursuant to Article XIII, Section 13-12, Hawai`i County Charter, the Council, on behalf of the County, may accept gifts of donations of money, securities or other personal property or of real estate or any interest of real estate. Your Committee on Finance is in accord with the purpose and intent of Resolution No. 140-13, as amended to Draft 3, and recommends its adoption. sc AYES NOES ABS EX Respectfully submitted, EOFF X FORD x COMMITTEE ON FINANCE ILAGAN X KANUHA X KERN X P rr /1,0 ONISHI X POINDEXTER x VALERIE T. POINDEXTER, CHAIR WILLE X FC REPORT NO.: - 132 YOSHIMOTO x ADOPTED: MAR 0 71 Q