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COUNTY. OF HAWAII <br />STATE OF HAWAII <br />RaOLUTIVN NO. 63-13 <br />RESOLUTION THE ACOF <br />PROPERTY BY EMINENTNDOMAIN, TAXISMAP KEY: PRIVATEITION (3)2-2- <br />014-010:0057 (POR.); SUITE 229, SITUATED AT HILO LAGOON <br />CENTRE,. FOR THE DEPARTMENT OF LIQUOR' CONTROL <br />RESTORATION PROJECT. ' <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />WHEREAS, the Department of Liquor Control, County of <br />Hawai'i ("Department'), as part of its restoration project, <br />will be making improvements to its office at the Hilo Lagoon <br />Centre and said improvements will require the acquisition of <br />additional space abutting itto enlarge and relocatethe Liquor <br />Commission Conference Room to meet Americans with, <br />Disabilities Act (ADA) requirements that are required with <br />any improvements to the facility and to better accommodate <br />the meetings of the Liquor Commission, the Liquor Control <br />Adjudication Board, the officers and employees of the <br />Department; and <br />WHEREAS, this conference room is used not only by <br />the Department of Liquor Control and its respective board <br />and commission, but by many of the other boards and <br />commissions of the various County Departments for their <br />respective meetings; and <br />WHEREAS, the improvements will require the acquisition <br />by the Department of currently vacant property owned by <br />Alvin M. Inoue, Sharon K. Scheele and Della E. Yamashiro, fka <br />Della E. Allison, identified as being the entire Suite 229 located <br />on the second floor (or lobby level) of the Hilo Lagoon Centre, <br />a portion of Tax Map Key: (3)2-2-014-010:0057, adjacent to <br />the current Department of Liquor Control Conference Room, <br />containing an area of 1,917 square feet, and more specifically <br />delineated on Exhibit 'A" attached hereto, referred to as <br />Suite 229; and <br />WHEREAS, it is necessary for the public use and <br />purpose, to wit: to meet current Americans with Disabilities <br />Act requirements and to increase the Conference room <br />area to take, acquire and condemn Suite 229, as described <br />above, in order to complete the Department's proposed <br />improvements; and <br />WHEREAS, Section 101-13 of the Hawaii Revised Statutes <br />requires that a condemnation action by the County must be <br />authorized by a resolution of the County Council. <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF <br />HAWAII that it is necessary for the public use and purpose, <br />to wit: the improvements of the office of the Department <br />of Liquor Control at the Hilo Lagoon Centre, to take, acquire <br />and condemn that certain private property identified as Tax <br />Map Key: (3)2-2-014:010:0057 (por.), containing an area of <br />1,917 square feet, and delineated on Exhibit 'W' attached <br />hereto, referred to as Suite 229, for the purposes of 'meeting <br />Americans with Disabilities Act .(ADA) requirements and <br />increase of the conference room area. <br />BE IT FURTHER RESOLVED that the Corporation Counsel <br />of the County of Hawai'i be and is hereby authorized and <br />empowered to initiate proceedings in eminent domain, as <br />provided bylaw, for the taking, acquisition and condemnation <br />of the aforesaid private property. <br />BE 'IT FURTHER RESOLVED that in the process of said <br />proceedings in eminent domain, the Corporation Counsel be <br />and is hereby authorized and empowered to negotiate terms <br />of settlement in accordance with the approval of the court <br />before which such proceedings are prosecuted, or take any <br />further actions necessary to secure access to the aforesaid <br />private property, <br />ntfurther requested <br />written <br />notification heCunwheheCouty has acquired <br />Suite 229. <br />BE IT FINALLY RESOLVED that the Clerk of the County <br />of Hawai'i is directed to transmit copies of this resolution <br />to (1) the Honorable William P. Kenoi, Mayor of the County <br />of Hawai'i; (2) the Department of Liquor Control; (3) Senior <br />Deputy Corporation Counsel Joseph K. Kamelamela; (4) the <br />Finance Director; and (5) Alvin M. Inoue, Sharon K. Scheele <br />-and Della E. Yamashiro, fka Della E. Allison, c/o Inoue Hawai'i <br />Realty Corp 101 Aupuni Street, Suite 1001, Hilo, Hawa'i'i 96720. <br />Introduced by: <br />Valerie T. Poindexter - <br />Council Member <br />I HEREBY CERTIFY that the foregoing resolution was duly <br />passed on first reading by the Council of the County of Hawai' <br />=at its meeting held on March 13; 2013; -by the following-Ayei <br />No/Absent/Excused vote: <br />AYES: Council Members Eoff, Ford, Ila an, Kanuha, Kern <br />Onishi, Poindexter, Wille, and Chair Yoshimoto-9 <br />NOES: None. <br />ABSENT: None. <br />EXCUSED: None.. Stewart Maeda <br />County Clerk <br />County of Hawai'i <br />(Note: Exhibit 'W' is on file at the Office of the County Clerl <br />for inspection.) <br />Hawaii County is an Equal Opportunity Provider and Employei <br />(55821r1 Hawaii Tribune -Herald: March 23, 2013) <br />