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HomeMy WebLinkAboutCOM 0037.000 1996-1998 ~YY OF ~J~ Stephen K. Yamashiro Richard Wurdeman Mayor Cp~.~~ption Co~mel • r:•~.•• .~iJ ULU lv 1 11 1 Utl ~TI OF,M,,~l• ~I11Y1'[~'~1 II~ ~2iflT2Ttt •.,Ol~ r~ i OFFICE OF THE CORPORATION COUNSEL IOI Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 96(.825( • Faz (808) 961-8622 12 December 1996 Honorable Aaron S. Y. Chung Chair and Members Committee on Finance Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Mr. Chung and Members: This is a response to your request of December 5, 1996 for procedures taken by the County to inspect properties which are offered for donation by citizens who wish to be relieved from further tax burdens. As I understand it, the majority of these properties have either been covered by lava are in areas which have been made inaccessible by lava flows. The Council has adhered to a policy of accepting such properties for at least the past four (4) years. The argument espoused by those members supporting this policy was that they would be an asset to the County someday when roads and other infrastructure would be restored. The County has no procedure to inspect these properties for the presence of hazardous waste. Neither, does the County have a procedure to ensure that natural hazards, such as lava tubes, do not exist on the property, so as to create a risk for unwary hikers. Should we wish to continue our present policy of accepting these properties, at the very minimum, we should require an onsite inspection by a suitable official to identify potential hazards. We should also see that the property is staked out and posted, so that we know where it is, a not always easy task where landmarks have been eradicated by lava. G-mx~ Ala ~7 . j.41f. L(O. ttl 'Po: C i ~ ~ Presented i~ 13 Yet. C1ate Honorable Aaron S Chung 12 December 1996 Page 2 I would further recommend that an "environmental audit" be conducted by an independent eapert, except that the estimated cost of such an audit ($7,000) would make the program impractical. In most cases of this kind, I feel that the risk of hazardous waste contamination (under 40 feet of lava:) is minimal. The risk does exist, however, and should be considered by you in making your decision to accept such properties. Sincerely, r~ ~~~7 ~i-- "RICHARD D. WURDEMAN Acting Corporation Counsel RDW:1577L AARON S.Y. CHUNG ' ' et,;; Phone: (808) 961-8396 Councilmember 1~ f' 1rf 4/•M~~ '96 UEC i3 f 7 3 33 COII,~j`I~l' COII,~CIL vFFli;i_ County oJHawaii ~ ~ C. Er. Hawaii County Building COIIP{Ty ~_,F fr "fill 25 Aupuni Street Hifq Hawaii 96720 December 5, 1996 Richard ll. Wurdeman Corporation Counsel Office of the Corporation Counsel 101 Aupmti St., Ste. 325 Hilo, I11 96720 Dear Mr. Wurdeman: SUBJECT: Resolutions Authorizing the Acceptance of Donations of Real Pro e~rty~Resolutions 412-96 [C-1468] and 413-96 [ -14 911 At its tneeting of November 26, 1996, the Committee on Finance recommended the approval of Resolutions 412-96 and 413-96. In conjunction with such recommendation, it was also requested that you provide us with procedures for the inspection of properties to be donated in order to ensure that such properties do not contain hazardous waste and thereby protecting the County from substantial liability exposure. If no procedure has yet been established, please provide us with a draft procedure before our next County Council meeting which is scheduled for December 18, 1996. Thank you. Sincerely, / ~ Aaron S. Y. Chung, Chairman Committee on ['finance