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HomeMy WebLinkAboutREP PWIRC 051 06/01/2004 2002-2004REPORT OF THE COMMITTEE ON PUBLIC WORKS & INTERGOVERNMENTAL RELATIONS DATE: June 1, 2004 RE: Communication No. 641/Resolution No. 194-04 PLACE: Councilroom TIME: 10:05 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee nn Public Works 8c Intergovernmental Relations, to which was referred Communication 64I and attached Resolution No. 194-04, reports as follows: Communication No. 173 and attached Resolution No. 49-97 from Norman Olesen, Deputy Planning Director, dated February 24, 1997, was waived to the full Council and adopted on March 7, 1997. The purpose of Resolution No. 49-97 was [o create a project known as the Puna Emergency Access Road through the acceptance of [he roadway lot froth the Ainaloa Community Association, Inc. Resolution No. 49-97 was brought up for reconsideration and filed nn March 19, 1997, due to an error in the tax map key identification of the roadway known as Ainaloa Boulevard. Commwiication No. 641 and attached Resolution No. 217-02 from Council Member Gary Safarik, dated May 22. 2002, which accepts the donation of a roadway lot known as Ainaloa Boulevard horn the Ainaloa Commwiity Association, Inc., was deferred by Your Committee at its meeting of June 4, 2002, for [he purpose of reaching consensus within the community concerning ownership of Ainaloa Boulevard. Communication No. 617 and attached Resolution No. 184-04 from Council Member ftob Jacobson, dated May 4, 2004. which proposes authorizing the acquisition of land for the Puna Emergency Access Road in the Hawaiian Acres Subdivision, was first heard by Your Committee on May 18- 2004, and was deterred to June I , 2004. The purpose of Resolution No. 184-04 is that in the interest of public health and safety, the Corporation Counsel of the County of Hawaii be authorized to initiate proceedings in eminent domain for the taking. acquisition, and condemnation of that portion of lot 6213, which traverses the Hawaiian Acres Subdivision, to be part of the Puna Emergency Access Road. The Corporation Counsel is directed to proceed in finalizing this real property transacttion and further to transmit written notification to the Council when the County has acquired this roadway. Your Committee discussed Resolution No. 184-04 with Bruce McClure, Director of Public Works, who declined to support the measure because Resolution No. 184-04 does not address the acquisition of land through Ainaloa Subdivision and does not satisfy the project object of constructing an 8.7 mile roadway between Highway I I and I iighway 130. Further, the Director states that even if Resolution 184-04 passes, no action should be taken until the road right-ol=way through Ainaloa Subdivision is acquired. Your Committee also discussed the roadway improvements that need to be done after acquisition of the Puna Emergency Access Road by the County of Hawaii. Council Member Jacobson stated that he will provide the Council with letters of support froth the Hawaiian Acres ftoard of Directors and a copy of the final environmental assessment. (See Comm. 641. I ) Council Member Chung stated that reference needs to be made to the lawsuit action regarding eminent domain and that the Corporation Counsel should review the title of Resolution No. 184-04. Council Member Gary Safarik stated that it is his intent to file Resolution No. I R4-04, and any previous relevant Resolutions, and replace them with a new Resolution for both the Hawaiian Acres Subdivision and the Ainaloa Subdivision and introduce the same for consideration by Your Committee at its meeting of June I, 2004. At today's meeting, Yow~ Committee considered Communication No. 641 and attached Resolution No. 194-04, and unfinished business Resolution No. 2I7-02 and Resolution No. 184-04. PW&IRC-51 PW&IRC Report No. 51 Page 2 Communication No. 641 and attached Resolution No. 194-04 from Council Member Gary Safarik, dated May 28, 3004, proposes authorizing the acquisition of land by eminent domain or negotiation for the Puna Emergency Access Road in the Ainaloa Subdivision and in the Hawaiian Acres Subdivision. Communication No. 641.3 and attached Resolution No. 194-04, Draft 2, from Council Member Gary Safarik, dated May 28, 2004, corrects [he tas map key identification of affected properties in the title and clarifies the applicability of Section 2-10 of the Hawaii County Code. Your Committee moved to file Resolution No. 217-02 and Resolution No. 184-04, as indicated in Your Crmnittee'~ Reports 49 and 50. respectively. Your Committee moved [o approve Resolution No. 194-04, Drag 2, and discussed this with Gerald Takase, Deputy Corporation Counsel, regarding the testimony by Jack Russell Brauher, President, Hawaiian Acres Community Association Board, opposing the acquisition of land by the County and supporting a grant of easement to [he County for the Puna Emergency Access Road. Council Chair James Y. Arakaki proposed amending Drag 3 to include language allowing the negotiation of an easement for the Hawaiian Acres portion of the Puna Emergency Access Road. Diana Van De Car, representing the Ainaloa Community Association, testified that [he Association is willing to deed Ainaloa Boulevard roadway lo[ to the County upon passage of a Resolution and open the gate currently blocking access between Ainaloa and Hawaiian Acres subdivisions. Council Member Curtis Tyler questioned the identification of the portions of the tax map keys to be acquired by the County. Gerald Takase stated that the Corporation Counsel will draft language amending Resolution No. 194-04 to include such easement language and to attach a map showing the land to be acquired by the County for the Puna Emergency Access Road. For informational purposes, Councilmember Tyler voted kanalua, then "no'". Your Committee is in accord with the purpose and intent of Resolution 194-04, Draft 2, as amended to Drafl 3, and recommends its adoption. AYES NOES A&E EX ARAKAKI X C'HUNG X ELARIONOFF X __ HOLSC'HUH X JACOBSON X REYNOLDS X SAEARIK X TULANG X EYI,F.R X Respectfully submitted, COMMITTEE ON PUBLIC INTERG NMENTAL GARY SAFtijIRIK, PWIRC' REPORT NO. 51 ADOPTED: _ _ ~UN 1 6 200_ _