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HomeMy WebLinkAboutREP PWPC 043 06/17/1997 1996-1998 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. Public Works and Parks nmittee Report Comm. No. 249/Resolutrou No. 70-97 Page Two During the discussion, Council Member Yagong informed the Council that a meeting will be held to discuss continuing community questions about the notification received by affected residents and the condemnation process. Council Member Yagong indicated that Deputy Corporation Counsel, Gerald Takase, and Peter Boucher, Wastewater Division Chief would be present at this meeting. Council Member Tyler, referred to Mr. Johnston's letter, expressing concern about the lack of notification received by affected residents. He stated that he believed that the project should not be allowed to continue until the community's notification concerns are resolved. Council Member Yagong noted that Mr. Johnston has not indicated opposition to the project and stated that he felt that the residents concerns could be addressed at the community meeting that was planned. The Council voted to advance this matter forward and conducted its second reading of this matter on June 2, 1447. At this time, Council Member Yagong moved to refer this matter back to the Public Works and Parks Committee, citing continuing concerns about the process. The Council agreed that this was merited and the matter was referred back to Committee. Present Council Action The Public Works and Parks Committee again discussed this issue during its June 17, 1997 meeting. Deputy Corporation Counsel, Gerald Takase explained that the purpose of the action is to grant the County permanent easements to allow placement of the sewer extension lines. He also explained that authority is being sought for the Department of Public Works to work directly with residents to obtain temporary easements to use land required for the construction of the line. In response to an inquiry by Council Member Tyler, Mr. Takase indicated that he will check on whether language is missing in the description of easement no. 12. Council Member Yagong reported that meetings have taken place in Paukaa and recommended that this matter be advanced to the Council. After consideration of all of the circumstances, Your Committee reports that it is in accord with the purpose and intent of Resolution No. 70 and recommends its adoption on second and final reading. lc AYES NOES A&E EX Respectfullq submiued YAGONG X CQMMITTEE ON PUBLIC WORKS & PARKS REYNOLDS X CHUNG X ~ LEITHEAD-TODD X f~=~ RAY X DOMINIC YAGO R SANTANGELO X pW&pC 4 3 SMITH X ADOPTED: SEP U ;t X997 ARAKAKI EO.M X