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Home My WebLink AboutRES 412 Draft 01 2016-2018 FC-24 December 4,2017 Res. 412-17: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF TAX MAP KEY: 9-6-002:018, SITUATED AT PUNALU'U- PA'AU'AU, DISTRICT OF KA`U, COUNTY AND STATE OF HAWAII, FOR THE PAHALA WASTEWATER TREATMENT PLANT Authorizes the Corporation Counsel to initiate proceedings to acquire private property containing an area of 42.5 acres, more or less, to construct a wastewater treatment plant in Pahala, in compliance with Environmental Protection Agency regulations requiring the elimination of large capacity gang cesspools. Reference: Comm. 607 Intr. by: Ms. David (B/R) POSTPONED TO THE CALL OF THE CHAIR: Ayes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, Richards, and Chair David— 8. Noes: None. Absent: Committee Member Ruggles— 1. Excused: None. BILLS FOR ORDINANCES Bill 82: AMENDS CHAPTER 20, ARTICLE 4, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SOLID WASTE FEES Increases disposal fees from the current $85 per ton to $101 per ton, to further increase by $3 per ton on July 1St of each year, from July 1, 2018, through July 1, 2022. Also increases fees to be applied when the scale cannot be used due to outages, for special handling and all types of vehicles. Reference: Comm. 606 Intr. by: Ms. David (B/R) AMENDED TO DRAFT 2 AND RECOMMENDED PASSAGE ON FIRST READING: Ayes: Committee Members Eoff, Kanuha, Lee Loy, O'Hara, Poindexter, and Chair David—6. Noes: Committee Members Chung and Richards—2. Absent: Committee Member Ruggles— 1. Excused: None. ADJOURNMENT— 12:59 p.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation"By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Page 4 ,-JNSYOFM�±. COUNTY OF HAWAII :.-(6)-' 4-14.1- STATE OF HAWAII ,rE OFN'� RESOLUTION NO. 412 17 A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF TAX MAP KEY NUMBER(3) 9-6-002-018, SITUATED AT PUNALU'U-PA'AU'AU,DISTRICT OF KA`U, COUNTY AND STATE OF HAWAII, FOR THE PAHALA WASTEWATER TREATMENT PLANT. WHEREAS,the Estate of Bernice Pauahi Bishop is the fee simple owner of real property situated at Punalu`u-Pa`au`au, District of Ka`u, County and State of Hawai`i, identified as Tax Map Key Number(3) 9-6-002-018 (the"Property"); and WHEREAS,the County of Hawai`i ("County"), in order to comply with United States Environmental Protection Agency regulation 40 C.R.F. § 144.88, which requires the elimination of large capacity gang cesspools ("LCCs"), seeks to acquire the Property for the construction of a wastewater treatment plant(the "Project")to replace existing LCCs in, and serve and address the needs of,the Pahala community; and WHEREAS,the Project will require the acquisition by the County of the Property containing 42.5 acres,more or less, as shown on Exhibit"A" attached hereto and made a part hereof, and together with any adjacent lands necessary for temporary construction purposes, including but not limited to temporary easements for construction and operations, and storage and disposal areas; and WHEREAS,the Project has been determined by the County as providing a public use and purpose, which benefits the County; and WHEREAS, it is necessary for the County to acquire the Property and invoke its condemnation powers to complete the Project; and WHEREAS, Section 101-13 of the Hawai`i Revised Statutes requires that a condemnation action by the County must be authorized by a resolution of the County Council; now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is necessary for the public use and purpose for the benefit of the County,to wit: construction of a wastewater treatment plant to replace existing LCCs in, and serve and address the needs of, the Pahala community,to take, acquire, and condemn the Property,which is that certain private property identified as Tax Map Key Number(3) 9-6-002-018, containing an area of 42.5 acres, more or less, situated at Punalu'u-Pa'au'au in the District of Ka`u, Island and County and State of Hawai`i, as more specifically shown on the attached Exhibit"A." BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Corporation Counsel of the County be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the Property. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that inthe process of said proceedings in eminent domain,the Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement in accordance with the approval of the Court before which such proceedings are prosecuted. BE IT FINALLY RESOLVED that this resolution shall take effect upon adoption thereof, and the County Clerk shall transmit copies of this resolution to (1)the Honorable Harry Kim, Mayor, County of Hawai`i; (2) William Kucharski, Director, Department of Environmental Management, County of Hawai`i; (3)Joseph K. Kamelamela, Corporation Counsel, County of Hawai`i, (4)Deanna Sako, Director, Finance Department, County of Hawai`i; (5) Marissa 2 Harman, Land Assets Manager, Kamehameha Schools Bishop Estates; and(6)Mauna Loa Orchards, L.P. Dated at , Hawai`i,this day of , 20 . INTRODUCED BY: „....•:, rillpordipi a COUNCIL MEMBER, COUNTY OF HAWAI`IZ Y(,... COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo,Hawai`i CHUNG DAVID I hereby certify that the foregoing RESOLUTION was by EOFF the vote indicated to the right hereof adopted by the COUNCIL of the KANUHA County of Hawaii on . LEE LOY O'HARA ATTEST: POINDEXTER RICHARDS RUGGLES Reference: C-607/FC . COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 412 17 3 TM K (3) 9-6-002:018 ha h° o 9-6-00210 4 :Q `'" i .. CV O f cf.? 111111 A '.'" L 9 S LO'0 \ 111 1 0 41M(1411,01040 ' C� OO j. 0O 1 L ,_ g_6_002:.049 • #l.. November 8, 2017 1:4,514 0 0.0375 0.075 0.15 mi , I. i I I 1 I 0 0.05 0.1 0.2 km EXHIBIT "A" Esri HERE,DeLorme Mapmylndia,�J OpenStreetMap contributors Esn,HERE,DeLormye.Mapmylndia. OpenStreetMap contributors and the GIS user community Doug Goehnng-Hawaii County COH_WWD 1