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Home My WebLink AboutREP PWIRC 036 02/28/2006 2004-2006 REPORT OF THE COMMITTEE ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS DATE: Februazy 28, 2006 RE: Comm. No. 666/Res. No. 254-06 PLACE: Council Chambers TIME: 10:00 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Intergovernmental Relations, to which was referred Resolution No. 254-06, reports as follows: Resolution No. 254-06, transmitted by Director of Finance William Takaba via Communication No. 666, dated January 25, 2006, authorizes abandonment and disposition of a portion of a government right-of--way for the proposed sale to Patrick Corrigan and Sabu Shake, Jr., principals of Fishhopper, LLC. An independent appraiser has determined that the fair market value of the right-of-way, with an area of 709 square feet, is $25,000.00 This matter was postponed at the February 14, 2006 meeting, in order to allow the Department of Public Works and the applicants sufficient time to address committee member concerns regarding the surrounding properties. The nature and ownership of the adjacent driveway and properties was questioned. Committee members also expressed concern regarding setting a precedent for similar situations in the future. Committee members decided to postpone the matter until the February 28 meeting in order to allow time for the requested information to be gathered. At today's meeting, there was no verbal testimony from members of the public regazding the proposed abandonment and disposition. Committee members received written testimony from J. Curtis Tyler III. Council members also received written analysis of the matter from Deputy Corporation Counsel Craig Masuda. Applicant Sabu Shake, Jr., Project Architect Mark Mitchell, Director of Public Works Bruce McClure and Deputy Corporation Counsel Craig Masuda were present to provide information to the Committee. Applicant Sabu Shake, Jr. informed the Committee that although the appraised value of the parcel has been set at $25,000.00, his company, Fishhopper, LLC, was willing to pay $50,000.00 in order to move the matter forward. Most of your Committee members agreed that there should be no fault assessed in the matter. The encroachment occurred decades ago, possibly as early as 1953. The procedures and requirements in the "old days" were less stringent than now. The applicants should not be held responsible for something that occurred long before their involvement. Most of your Committee members also agreed that the restoration and planned utilization for the property is in keeping with the character and nature of the area. There is ample room for safe pedestrian traffic. Per Mark Mitchell, the plans for the project have already been reviewed and approved by the Kailua Village Design Review Committee Committee member and Council Chair Stacy Higa moved to amend the purchase price from $25,000.00 to $50,000.00. Committee member Gary Safazik moved to change the amendment to include a caveat that the additional $25,000.00 be provided to the Kailua Village Design Review committee to be utilized within the community. Committee member Virginia Isbell reminded Mr. Safazik that the Kailua Village Business Improvement District has been established by Council for such matters, and that the Kailua Village Design Review Committee is not the proper fiscal agent for the matter. During the ensuing discussion, committee members agreed that at least $25,000.00 of the $50,000.00 purchase price would be provided to the Kailua Village Business Improvement District to be utilized within the community. Committee Member Safarik's secondary amendment to Council Chair Higa's amendment was adopted, with seven aye votes, Committee Member Jacobson and Committee Member Pilago opposed. Committee Member Higa's amendment was then adopted, with seven aye votes, Committee Member Jacobson and Committee Pilago opposed. Your Committee on Public Works and Intergovernmental Relations is in accord with the purpose and intent of Resolution No. 254-06, as amended to Draft 2, and recommends its adoption, as amended. awm AYES rvoES A&E Ex Respectfully submitted, ARAKAKI X RIGA X COMMITTEE ON PUBLIC WORKS AND HOFFMANrv X INTERGOVERNMENTAL RELATIONS HOLSCHUH X ~ AA , IKEDA X t1Lli.c~Cs ISBELL X DONALD IKEDA, CHAIR ,IACOesorv X PWIRC REPORT NO. 36 PILACO X MAR 2 2 2006 SAFARIK X ADOPTED: