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HomeMy WebLinkAboutREP JConPWIRC/FC/PC 006 03/11/2008 2006-2008 REPORT OF THE FIRST JOINT COMMITTEE MEETING ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS, FINANCE, AND PLANNING DATE: March 11, 2008 Re: Comm. 1064/Resolution 553-08 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii TIME: 8:27 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Because this item was one of several items on three committee agendas which were related, Res. 553-08 was postponed to a Joint Committee Meeting on Planning, Finance, and Public Works and Intergovernmental Relations, which was convened at the end of the scheduled committees for the day. The Chairman of each committee consecutively called the meetings to order and relinquished their respective chairs to Council Chair Pete Hoffmann. Your Committee on Planning, to which was referred Resolution 553-08, reports as follows: Resolution 553-08, transmitted via Communication 1064 from Council Member Stacy K. Higa, dated February 28, 2008, transmitting a resolution requesting that the County of Hawai` i complete construction of the Mamalahoa Bypass Highway over the Richards/Coupe property. Resolution 553-08 states that on December 3, 2007 the County of Hawaii took possession of the Richards/Coupe parcel, being a portion of Tax Map Key: (3) 8-1-007:045, for the proposed Mamalahoa Bypass Highway and that completion of the Mamalahoa Bypass Highway is in the best interests of the residents of the County of Hawaii, in particular, the residents of South Kona. Resolution 553-08 also states that Oceanside 1250 is required by the provisions of its Development Agreement and as a condition of rezoning, to complete construction of the Mamalahoa Bypass Highway but has some reservations proceeding with construction prior to a decision being rendered on the appeal. The resolution also notes that the County of Hawaii could proceed with the construction process and would have better grounds, for appeal purposes, to demonstrate necessity of the road if the road is being built or has been completed. At the March 11, 2008 Planning Committee meeting Council Member Higa stated that this resolution was brought forward as an idea of expediting the process to start construction of the southern portion of the Mamalahoa Bypass Road after it was disclosed at the last meeting that Hokulia would not start construction of the southern half of the Bypass road until the County actually secured the first 1,000 feet over the Coupe's property. Mr. Higa stated this primary solution is to provide an option and encourage the Administration to seriously consider what he JC-PWIRC; FC & PC Report No. 6 - - Communication 1064 Resolution 553-08 Page 2 of 3 i felt was a real simple way to make the Coupe appeal a moot point and hoped the Administration would this proposal. Council Member Jacobson stated that because of Oceanside's request to be indemnified by the County if they proceeded with construction during the appeal, his concern was the potential loss associated with this proposal if condemnation did not go through, especially since construction is supposed to be done by Hokulia and if the County completed construction over the Coupe property, would the County be exposed to some liability. Corporation Counsel Torigoe stated that this was something the County has to work out with Hokulia, because pursuant to the Development Agreement and at this point, there must be fair consideration. He stated that generally, the office of the Corporation Counsel sees this as something to be considered and may be an alternative direction to take. Mr. Torigoe noted that the court decision gives the County possession and full right to go in and do the road. Council Member Ford noted that some matters probably need to be discussed in Executive Session and suggested the possibility of postponement. Corporation Counsel Torigoe stated that any detailed discussions of the legalities of this matter is best done in Executive Session simply because there may be issues and differences of opinions from a legal standpoint which, if discussed in detail, may touch upon potential liability and weaken the County's position. Council Chair Hoffmann made clear that if in fact there are issues which should be discussed in Executive Session, that the Council be sure to address that before the resolution is passed. Mr. Torigoe stated that if the Committee decided to go ahead and act on the resolution their office would still look at all the legal issues since the resolution is basically asking the Administration to consider undertaking construction. Council Member Higa stated that the resolution only gives the Administration an option and that he was confident the Administration and the Corporation Counsel would work within the legal parameters regardless, especially since the resolution is non-binding but provides the Department with another tool at its disposal to make the road happen. Council Member Yagong stated he wants Hokulia to build the road and that whatever arrangement or understanding we can get from Hokulia to do the road, then that should be our very first option. If that breaks down and is not a possibility, then what Mr. Higa is trying to do, if legally okay for us to do, then we should do it. JC-PWIRC; FC & PC Report No. 6 Communication 1064 Resolution 553-08 Page 3 of 3 The First Joint Committee on Public Works and Intergovernmental Relations, Finance, and Planning is in accord with the purpose and intent of Resolution 553-08 and recommends its adoption. and AYES NOES A&E EX Respectfully submitted, FORD X FIRST JOINT COMMITTEE MEETING ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS, HIGA X FINANCE, ppAND PLANNING HOFFMANN X Ax- ` / ~9~ BRENDA J. FORD, CHAIR IKEDA X PUBL WORKS & INTERGOVERNMENTAL RELA NS COMMITTEE JACOBSON X NAEOLE X DOMINI YAGON FIN CO PII.AGO X YAGONG X K. ANGEL PIL , CHAIR PLANNING CO TTEE YOSB MOTO x JC-PWIRC; FC & PC REPORT NO. 6 ADOPTED:R Q 9 7008