HomeMy WebLinkAboutREP PWIRC 012 02/03/2009 2008-2010REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS
DATE: February 3, 2009 Re: Comm. No. 110/Res. 47-09
PLACE: Council Chambers
Ben Franklin Bldg, 2"d Floor
333 Kilauea Ave.
Hilo, Hawaii 96720
TIME: 10:30 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Intergovernmental Relations, to which was referred
Communication No. 110, regarding Resolution 47-09, reports as follows:
Resolution 47-09 transmitted by Assistant Corporation Counsel Gerald Takase via
Communication No. 110, dated January 21, 2009 authorizes the abandonment and sale of the
Government Remnant being a Portion of Tax Map Key: (3)7-5-015: 015 situate at Wai`aha, District of
North Kona, County and State of Hawaii, to Sara J. Peck, Trustee (50 %) and James R. Petersen and
Rita Thrall Petersen (50 %).
There was no testimony from members of the public regarding the proposed resolution.
Committee Chair Brenda J. Ford relinquished her seat to Councilmember Dominic Yagong. Vice Chair
Kelly Greenwell was absent and excused for this meeting.
Assistant Corporation Counsel Gerald Takase, Finance Department Property Manager Harry Yada and
Attorney David Ka`apu, representing Ms. Peck and the Petersens, appeared before your Committee. Mr.
Takase commented that the County of Hawaii condemned parcel was subject to easements in favor of
the original kuleana owners for access and utilities, which also included limited uses by the Department
of Water Supply. Mr. Takase added that there is no objection to the sale by the Department of Water
Supply, and the easements are currently of no use to anyone but the current owners, Peck and the
Petersens. Furthermore, Mr. Ka`apu further clarified that the Department of Water Supply uses a
separate northern access, and these easements encumbering the parcel are in favor of Peck and the
Petersens. Mr. Yada's site visit confirmed the Department of Water Supply's current use of a separate
northern access to their water tanks.
Pursuant to section 2-111 and 2-118, the Council may direct the Director of Finance to dispose of real
property without recourse to public auction and shall first be offered for sale to the abutting landowner,
Peck and Petersens, subject to the following: 1) buyer to pay all cost of surveying, subdivision, and
PWIRC RPT NO. 12
Page 2
Communication No. 110/Res 47-09
appraisal; 2) market value to be determined by appraisal; 3) County of Hawaii to select the appraiser;
and 4) buyers to consolidate the remnant with their property within one year.
Councilmember Brenda J. Ford commended the excellent on-going work by Mr. Takase, Mr. Yada and
Mr. Ka`apu on resolving this issue and asked for the support of the Committee on this proposed
resolution.
Your Committee on Public Works and Intergovernmental Relations is in accord with the purpose and
intent of Resolution 47-09, and recommends its adoption.
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AYES NOES A&E EX
ENRIQUES X
FORD X
GREENWELL X
HOFFMANN X
IKEDA X
NAEOLE X
ONISHI X
YAGONG X
YOSHIMOTO X
Respectfully submitted,
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS
~~ ~~
BRENDA J. FO ,CHAIR
PWIRC REPORT NO. 12
ADOPTED: FEB 1 g .20pg_