REP PWPC 043 06/17/1997 1996-1998

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REPORT OF THE COMMITTEE ON PUBLIC WORKS AND PARKS DATE: June 17, 1997 RE: COMM. NO. 249 PLACE: Councilroom TIME: 8:12 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Pubiic Works and Parks, to which was referred Communication No. 249 and attached Resolution No. 70, reports as follows: The purpose of Resolution No. 70 is to authorize the County to acquire private property to establish permanent easements for the Paukaa sewer system. This resolution authorizes the Corporation Counsel to initiate eminent domain proceedings, pursuant to Chapter 101, Hawaii Revised Statutes, to take, acquire, and condemn certain private properties necessary for permanent easement purposes and for temporary construction purposes. Resolution No. 70 also authorizes the Corporation Counsel to negotiate settlement terms during the eminent domain proceedings. Communication No. 249 is a letter from Corporation Counsel Richard D. Wurdeman dated April 8, 1997, which transmits Resolution No. 70 for the Council's review and consideration. Past Council Action on Paukaa Sewer System Eminent Domain Proceeding Your Committee first considered this matter at its May 6, 1997 meeting. At this meeting Your Committee was informed that official written notice of this eminent domain proceeding had not been sent to the affected homeowners. Despite their concerns regarding this situation, Your Committee believed that community concerns could be addressed during the required two Council readings and advanced this matter onto the Council agenda. The Council discussed this matter at its May 2Q 1997 meeting. Li addition to information previously received about this matter, the Council also had before it, a letter from Ed Johnston, President of the Paukaa Community Association, (Communication No. 249.01), expressing his concerns about this matter. In his letter, Mr. Johnston stated that notices sent to residents neither explained the wndemnation process nor did they include a sewer system map that was referred to in the notices. He explained that he has been visited by several upset and confused residents and asked that the Council take steps to require that the responsible parties: send a letter to affected property owners which explains the condemnation process; provide a map showing the location of the proposed easements on their properties; and notify the owners as to when the matter will again come before the Council. Mr. Johnston noted that the desired outcome should be to inform the residents about what is going on so that they will not be surprised and angered by this action.