HomeMy WebLinkAboutREP FC 141 2018/10/02 (2016-2018) REPORT OF THE
COMMITTEE ON FINANCE
DATE: October 2, 2018 Re: Comm. No. 1033/Res. No. 662-18
PLACE: Council Chambers
Hilo, Hawai`i
TIME: 9:30 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Finance, to which was referred Resolution No. 662-18, reports as follows:
Resolution No. 662-18, transmitted by Ronald Kim, Deputy Corporation Counsel, via
Communication No. 1033 dated August 5, 2018, accepts a grant of pedestrian public access
easements, identified as Tax Map Keys: 5-3-007:010(por.) and 5-3-007:041 (por.), situated at
Halawa, Papaa, and Napapa`a, District of North Kohala, Island and County of Hawai`i, State of
Hawai`i, from Vipassana Hawai`i, a Hawaii nonprofit corporation and Inhabit, LLC, a Delaware
Limited Liability Company.
The granting of pedestrian public access easements is a result of the Settlement Agreement
between the County and Surety Kohala Corporation entered into on April 4, 2002.
Thomas Yeh, attorney for Vipassana, provided background summary regarding the pedestrian
public access. He stated that the easement runs from the Kohala Lighthouse, crosses two gulches
and some historical sites, old agricultural terraces. Mr. Yeh stated in order to take care of the
steepness, instead of going up and down the hill, one would go diagonally across the slope. In
many places it is actually more than 40 feet from the cliff edge, and at the same time, trying to
respect the private ownership issues. The idea was to keep it for pedestrians and come up with a
location that is safe. Mr. Yeh stated at this time it would be on a daytime basis, until the County
is able to and has the resources to provide an overnight permitting system. Under Rule 21 of the
Hawaii County Planning Department's rules for public access, a rule would be established for
nightime fishing, that is the basic element of the Settlement Agreement, which occurred back in
2002 and which was part of the Surety Kohala process. Vipassana bought some of the lands
including the shoreline property from Surety Kohala. Mr. Yeh feels the public will benefit from
having the easement.
Council Chair Valerie T. Poindexter requested a postponement of this resolution until Council
Member Herbert "Tim" Richards, III would be available, allowing him to weigh in on this
resolution since it is in his district and would know the concerns of his constituents.
Council Member Dru Mamo Kanuha also agreed with the postponement and requested that a
map be provided. Mr. Yeh stated he will provide each Council Member with a letter, and will
include a map, a draft of the Grant of Easement, and any other background information.
FC Report No. 141
FC-141 Page 2 October 2, 2018
Council Member Susan L. K. Lee Loy is in agreement with the postponement and noticed that
this is in relationship to Subdivision 7776, and also assumes this is one more condition to satisfy
the subdivision action contained within that subdivision. Mr. Yeh stated that is correct and
added that it has been a long time in the process. Ms. Lee Loy supports this easement and the
postponement and feels it is important to allow the landowners to accomplish their conditions of
approval.
Chair Poindexter made a motion, seconded by Mr. Kanuha to postpone until October 2, 2018.
Upon a motion to postpone, Committee Chair Maile David stated that Resolution No. 662-18 is
postponed to the October 2, 2018, Committee on Finance meeting.
October 2, 2018
Thomas Yeh, attorney for Vipassana, made a brief statement regarding his meeting with the
Trail Association. Mr. Yeh stated he received an email in support of this resolution from
Toni Withington, who is with the North Kohala Community Access Group. He commented that
most landowners will push an access out to the cliffs edge, however, looking at the Vipassana
map, the trail is significantly inland and provides a safe location for pedestrians. At the prior
committee meeting, Ms. Withington expressed some concerns about the steepness of the trail,
going in and out of the Halawa Gulch area. Mr. Yeh explained the trail crosses the slopes
diagonally, so one would travel a less steep slope making it safer for everybody.
Council Member Herbert "Tim" Richards, III commented this is all fitting and in line with the
direction of this coastline, the access, and trails. Looking back at the 2002 documents, when this
issue first came forward, this matter has come a long way and it now makes sense for the
community and the coastline.
Your Committee on Finance is in accord with the purpose and intent of Resolution No. 662-18,
and recommends its adoption.
dmm
AYES NOES ABS EX Respectfully submitted,
CHUNG X
DAVID x COMMITTEE ON FINANCE
EOFF X
KANUHA X
LEE LOY X
vr-
4111111441111.0.
O'HARA X
POINDEXTER x MAILE DAVID, CHAIR
RICHARDS X FC REPORT NO.: 141
RUGGLES X ADOPTED: OCT 1 7 2018