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HomeMy WebLinkAboutREP FC 470 11/13/1991 REPORT OF THE COMMITTEE ON FINANCE Date: November 13 , 1991 Re: 'Comm. 2703 Place: Councilroom Time: 10 : 00 a .m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Finance, to which was referred Resolution No . 353-91, reports as follows : The purpose of Resolution No . 353-91 is to authorize the Director of Finance to transfer 5 . 018 acres of County property, TMK: 5-4-09 : 04 , to the State of Hawaii for the purpose of expanding the Hawaii Army National Guard Armory Complex, Kapaau, North Kohala, Hawaii . Communication No . 2703 , dated July 12, 1991, from the Mayor, transmits said Resolution No . 353-91 and a copy of the proposed deed attached as "Exhibit A. " The Mayor states the subject land transfer is on condition that the State makes every effort to accommodate or allow public use of their parking lot adjacent to the County' s Kamehameha Park, and that title to the property shall revert to the County in the event the State Department of Defense terminates or abandons its use of the property. These conditions are similarly expressed on Page No. 3 of the proposed deed. Also, attached to said Communication No . 2703 , as "Exhibit 1" , is survey and plan showing proposed consolidation of subject 5 . 018 acre parcel and .41 acre Hawaii National Guard site parcel into a 5 .428 acre parcel . The plan also reflects resubdivision of consolidated 5 .428 and remaining 5 . 233 acre County property. Your Committee understands a total of 10 .251 acres was deeded to the County by Kohala Corporation as a charitable contribution for exclusively public purpose. Resolution 353-91 was first considered at the Finance Committee' s August 13 , 1991 meeting . Because the Committee meeting ran late into the evening and no representatives of either the Department of Parks and Recreation or the Department of Public Works were in attendance, your Committee recommended approval of Resolution 353 but requested attendance of said department representatives at the Council ' s August 21, 1991 meeting in Kona . At its August 21, 1991 meeting, the Council referred Resolution 353 back to the Finance Committee for further discussion. Your Committee again considered Resolution No . 353-91, after having deferred the same during its meeting September 10, 1991, pending a site visit to Kamehameha Park by Committee members to examine the subject property. FC REPORT NO, 470 ADOPTED : DEC 1 0 1991 FC- 470 Page 2 November 13 , 1991 During the meeting on September 10, 1991, Committee members heard testimony from Colonel Jerry Silva, Chief of Staff, Hawaii National Guard. Colonel Silva explained the geographic displacement of Guard Armories on this island. By having facilities in Keaukaha, Hamakua, Papaaloa, North Kohala and Kona, the Guard was strategically placed to lend support to the State on matters of civil control, floods, fires and volcanic eruptions . He further noted that the Armory in North Kohala was vintage World War II quonset and one of three oldest in the State. He expanded by saying the Kohala facility and land area were not now suitable for training operations or community activities . Furthermore, the building was an eyesore to the Kamehameha Park area . Colonel Silva explained a new Federal regulation requiring armory sites be on land areas not less than five acres . The enlarged area allows a larger base of support for the community during disasters and community use of facilities at other times . Your Committee was informed by the Director of Parks and Recreation that deeding the subject property to the State for said purposes did not violate the deed covenants which require continued public use. Further stated, Kohala Corporation had been notified of the proposed transfer and had expressed no objections to either the intent or purpose of the transfer. Your Committee was informed the National Guard intends to build new facilities and leave the remaining land in its natural state. Thereafter, members expressed concern that without developing the land into open park space, it is not useable by the public. The Guard intends to use the improved land for small unit tactical training . Your Committee members noted the subject land is between two (2) gulches . Transferring the land to the State would leave no additional land for expansion of the Kamehameha Park. Waimea Park is another example of a park which cannot be expanded, although there is an increased usage demand. Your Committee offered other alternative scenarios for the National Guard, including acquiring other State land in the district satisfactory in size to meet federal requirements . They noted Kamehameha Park is a regional park with recreation complex, gym, ballpark and other facilities and will need additional open recreation and picnic space. FC- 470 Page 3 November 13, 1991 Your Committee further disagreed that the proposed $10 . 00 consideration for the proposed transfer of land is not sufficient, adding the County is land-poor and the current lands under County control are precious resources and highly marketable assets . They further disagreed with wording in the proposed deed which states the Grantee (National Guard) will make every effort to accommodate public use of proposed parking area . They felt such wording should clearly note parking will be made available as well as use of the facilities available for public use. Colonel Silva mentioned the current number of Guardsmen using the facility is 30 and is planned to grow to around 60 . He stated if the land is deeded to the National Guard, funding for the new facilities could be allocated by Congress as early as 1995 . During the Finance Committee meeting on September 24, 1991, members were informed by Colonel Silva the Guard was seeking alternative sites in the new vicinity on which to locate the proposed new Guard facility and training ground. In this regard the State Guard personnel were in communication with the State regarding possible transfer of State land. The Guard is also exploring alternative development scenarios for the Kamehameha site which would address their needs and the expressed County concerns for additional open, recreation space on the subject land requested by the National Guard from the County. Colonel Silva said they would like a commitment from the Governor to transfer . State land somewhere in the same vicinity of the present site to the National Guard. Committee members suggested approaching the State about the property at Upolo Airport, or the LORAN station which is being deactivated. Colonel Silva requested 30 days to get back to the Committee members regarding the search for alternative sites or formulating a new proposal for the present facility and land requested for transfer. Your Committee voted to defer the matter pending National Guard additional analysis and to reconsider after 30 days . At its November 13 , 1991 meeting, your Committee was informed that the staff had been informed by Colonel Silva that the National Guard intends to withdraw its request for the transfer of land at the Kamehameha site. Further, that a formal letter of withdrawal was being processed and would be sent to the County. Therefore, your Committee voted to file Resolution No . 358 . FC-470 Page 4 November 13, 1991 Chapter 2, article 19, section 2-120(a) (1) , Hawaii County Code, as amended, states, "Notwithstanding any limitations to the contrary, the council may, by resolution approved by a majority of its members, direct the finance director to negotiate the disposition of real property by selling it in fee simple at such price and on such terms and conditions deemed proper to governments and governmental agencies authorized to hold lands in fee simple. " Chapter 2, article 19 , section 2-120(b) , Hawaii County Code, states "A disposition of real property to governments, governmental agencies, non-profit organizations, or affordable housing developers may be made without the notice or appraisal required in this Article. " Your Committee on Finance recommends to file Resolution No. 353 . HELENE H. HALE, CHAIRWOMAN / f ROBERT H. MAKUAKANE, VICE CHR. BRIAN J DE LIMA, MEMBER WM 4e/ TA • SHI DOMI GO, ME h BER MERLF K. L I I, MEMBE• ( &BSFNT & EX USED) HARRY S. RUDDLE, MEMBER ' .• R . SCHUTTE, MEMBER POL