REP PWPC 033 05/06/1997 1996-1998

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REPORT OF THE COMMITTEE ON PUBLIC WORKS AND PARKS DATE: May 6, 1997 RE: COMM. NO. 249 PLACE: Councilroom TIME: 8:05 a m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Parks, to which was referred Communication No. 249 and attached Resolution No. 70, reports as follows: The purpose of Resolution No. 70 is to authorize the County to acquire private property to establish permanent easements for the Paukaa sewer system. This resolution authorizes the Corporation Counsel to initiate eminent domain proceedings, pursuant to Chapter 101, Hawaii Revised Statutes, to take, acquire, and condemn certain private properties necessary for permanent easement purposes and for temporary construction purposes. Resolution No. 70 also authorizes the Corporation Counsel to negotiate settlement terms during the eminent domain proceedings. Communication No. 249 is a letter from Corporation Counsel Richard D. Wurdeman dated April 8, 1997, which transmits Resolution No. 70 for the Council's review and consideration. Your Committee was informed by Committee Chair Yagong that Ed Johnston, President of the Paukaa Community Association, had notified him that affected property owners had not received official notice of this proposed action. Peter Boucher, Wastewater Division Chief, confirmed that official notice was not given due to administrative oversight. Committee Chair Yagong reported to Your Committee that Mr. Johnston had no objections to referring this matter to the Council, as the community's concerns could be addressed at that time. Consequently, although concern was expressed about this oversight, Your Committee believes that community concerns, if any, can be addressed during the required two readings before the Council, and believes that this matter should be advanced onto the Council agenda.