Loading...
HomeMy WebLinkAboutREP PWIRC 056 07/07/2004 2002-2004REPORT OF THE COMMITTEE ON PUBLIC WORKS & INTERGOVERNMENTAL RELATIONS DATE: July 7, 2004 RE: Communication No. 663/Resolution Na. 203-04 PLACE: Councilroom TIME: 9:07 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works & Intergovernmental Relations, to which was referred Communication 663 and attached Resolution No. 203-04, reports as follows: Communication 663 and attached Resolution No. 203-04 from Council Member Gary Safarik, dated June 24, 2004, proposes authorizing the acquisition of private property by eminent domain or negotiation for the Pahoa Village Resource Park. The purpose of Resolution No. 203-04 is [o authorize the Corporation Counsel, in the interest of public welfare and purpose, to initiate proceedings in eminent domain for the taking, acquisition, and condemnation of certain lands identified as Tax Map Key (3) I-5-002: 024, owned by Monika Mallick to be a part of the Pahoa Village Resource Park. The Corporation Counsel is also empowered to negotiate teens of settlement and the approval of the Court. Your Committee heard hours of testimony on the proposed Resolution No. 203-04 from numerous members of the public, many who expressed support for paving the parking lo[, public restrooms, an information kiosk, police substation, a farmer's market, an outdoor ampitheatre and a bus stop. Testimony from Lon Brown, President, Main Street Pahoa Association, included a history of the property as a social center of town when it was used as a train stop and rest area for horses, which led to the development of Pahoa Village. Mr. Brown also stated that access to the property was restricted by the present owner for a time, seriously hurting existing businesses as there very few other parking spaces in Pahoa Village. The gate was re-opened when an adjacent restaurant owner agreed to pay an exorbitant rent to [he present landowner, however, he can no longer afford to do so and hence businesses are very concerned that the pattern of restricting access will be repeated by the present landowner. Tracie Yoshimoto, Co- Chair, Pahoa Seed Strategy Committee testified that the proposed Pahoa Village Resource Park goes hand in hand with their efforts toward a federal Weed & Seed designation, and that it will turn Pahoa into a hub of economic and community activities where people can feel safe. A few persons oppose it based primarily on private property rights issues. Wil Rosdil, private counsel for the landowner, Monika Mallick, stated that the landowner will contest the condemnation based on need and just compensation issues. Specifically, [he property is currently used as a parking lot and an appraisal by the landowner at $8 ]0,000 is a conservative estimate of fair market value. Council Members questioned Gerald Takase, Deputy Corporation Counsel, on due process andjust compensation issues. Mc Takase stated that the public purpose is defined by the record of the Council with regard to community support for the use proposed by the County and its benefit to the economic vitality of the community at large. The issue ofjust compensation is determined by the Court reconciling the appraisals of [he landowner and the County to make a determination of fair market value. Committee Chair Safarik noted the previous action by the Council to approve the general obligation bond funding for the Pahoa Village Resource Park, which includes funding for paving the parking lot, public restrooms, an information kiosk to include a police substation, an outdoor ampitheatre, and a bus stop/turnaround for visiting tourists. The bond funding allocates $500,000 for land acquisition. Gerald Takase stated that should the land acquisition costs exceed $500,000, the matter will be further reviewed by the Council prior to final approval of the settlement. Council Chair Arakaki suggested that should funding be insufficient, the possibility of an easement through the subject property should be investigated. P W&IRC Report No. 56 PW&IRC Report No. 56 Page 2 Council Member Reynolds asked about the possibility of using a 56-acre property purchased by County in the vicinity for [he contemplated purposes. Committee Chair Safarik stated that funding for acquisition of the property was provided by the previous Governor, however negotiations fell through, therefore, at the time of purchase of the 56-acre property, there was not a future plan for the property because it had to be purchased quickly in order to prevent the lapsing of the State funds used for the purchase. The future use of the 56-acre property, which may include affordable housing and a park, is currently being contemplated by the community. Mr. Safarik also stated that the 56-acre parcel is too far from the commercial core to be effective for the purposes contained in the Resolution, which serve to restore economic vitality in Pahoa Village. Your Committee confirmed continued support for the proposed Pahoa Village Resource Park, which was determined to be necessary to the public interest years ago as funding was secured for the acquisition of the property and last year when general obligation bond funding was allocated for the purposes contemplated by Resolution 203-04. Your Committee is in accord with the purpose and intent of Resolution 203-04, and recommends its pass first reading. AYES NOES A&E EX ARAKAKI X CHUNG X ELARfONOFF X HOLSCHUH X JACOBSON X REYNOLDS X SAFARIK X TULANG X TYLER X Respectfully submitted, COMMITTEE ON PUBLIC WORKS & INT~RG~E{2NMENTAL RF)LA~dNS~r GARY SAFWk21K~HAlR 1 / b P W I RC REPORT NO. 56 ADOPTED: JUL 2 3 2004