HomeMy WebLinkAboutCOM 0315.011 2018-2020 (Y Oi y
Ashley L.Kierkiewicz ""••'"' ''�, Office: 808 961-8265
Council Member L��u, Fax: (808)961-8912
District 4 Puna +; ;. ashley.kierkiewicz@hawaiicounty.gov
TE 4F•Nt'�' .
HAWAII COUNTY COUNCIL
Hawaii County Building
25 Aupuni Street • Hilo,Hawaii 96720 `am
DATE: August 14,2019
TO: Aaron S.Y. Chung, Council Chairperson ,
And Members of the Flawai`i County Council Q
FROM: Ashley L. Kierkiewicz, Council Member
SUBJECT: Affirmation of Settlement Agreement regarding Bills 83 and 84
Please find attached a hard copy of the Affirmation of Settlement between the Edwin C. Olson Trust and
the Board of Land and Natural Resources for the August 20, 2019 Planning Committee meeting regarding
alteration of historic properties during the course of land alteration activities without a permit
We kindly request this document be made available to your Committee for the meeting. We appreciate
the support from Council Services to accommodate our request.
AKlck
Att.
Serving the Interests of the People of Our IslandommNo'
Hawai`i County is an Equal Opportunity Provider and Employer Ref.To: PJK —
Ref. Date LUG 14 2019 ..
Affirmation ofSettlement Agreement
SUBJECT: Enforcement Action against the Edwin C.Olson Trust No.2.Alteration ofhistoric properties
during the course of land alteration activities without apunnk.Amauu|u Camp Cemetery, Pu'u'eo
AhVpua'a' South Hilo, Island ofHamveilTPNK (3)2-6-008:026
SUMMARY:This Notice ofViolation requests the Board find that the Edwin O.Olson Trust Nn.2viokded
Hawaii Revised Statutes§6E- 11(c) by altering historic properties without a County approved grading
and grubbing permit, and requests that the Board assess onadministrative fine pursuant tuHawaii
Revised Statutes§GE-11.
DATES OF ALLEGED INCIDENTS:Through September 11. 201G
AGAINST: Edmund C.Olson Trust No.2
WHEREAS the State Historic Preservation Division ("SHPD") initiated this complaint against the Edmund
C.Olson Trust No. 2(^EOOT') in2O17|
WHEREAS the EOOTdisputes the allegations and contends that the allegations ofwrongdoing are both
misdirected and unfounded;
WHEREAS the ECOTand the SHPDbelieve that their respective resources are better devoted 1oother
matters and that the ECOT is fully aware of its legal obligations and the need for protection of historic
properties inaccordance with state law;and
WHEREAS the ECOT is willing to resolve this matter by paying $54,960 to the SHPD's special fund to
support its enforcement of the laws protecting historic sites without admitting any fault or wrongdoing with
respect hmthe circumstances underlying this proceeding;and
WHEREAS the GHPD and the Board of Land& Natural Resources both agree that this settlement does
not entail any finding oradmission offault nrwrongdoing bythe EOOT.
THEREFORE, it is agreed this matter will be dismissed with prejudice for payment of$54,960 from the
EOOTreceipt and sufficiency ofwhich iohereby acknowledged.
Dated: Hnno|u/u. Hawai'i .2019
Approved byBoard ofLand and Natural
Resources July 28.2O18
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