HomeMy WebLinkAbout05/12/2010 Public Hearing Transcript re: RES#2010-34PUBLIC HEARING
MAY 12, 2010
A public hearing of the Council of the County of Kauai was called to order by
Lani T. Kawahara, Chair, Parks/Transportation Committee, on Wednesday,
May 12, 2010, at 1:39 p.m. at the Council Chambers, Historic County Building,
4396 Rice Street, Lihu`e, Kauai, and the presence of the following was noted:
Honorable Tim Bynum
Honorable Dickie Chang .-
Honorable Jay Furfaro
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S. K. Kawakami
Honorable Bill "Kaipo" Asing, Council. Chair
The Clerk read the notice of the public hearing on the following:
Resolution No. 2010-34, RESOLUTION AUTHORIZING THE
ACQUISITION OF THE FEE SIMPLE INTEREST IN LANDS REQUIRED
FOR PUBLIC USE, TO WIT: THE PEDESTRIAN AND BICYCLE PATH
WHICH CONSTITUTES PART OF PUBLIC PARK SYSTEM, SITUATE AT
WAIPOULI, DISTRICT OF KAWAIHAU, COUNTY OF KAUAI, HAWAII,
AND DETERMINING AND DECLARING THE NECESSITY OF THE
ACQUISITION THEREOF BY EMINENT DOMAIN,
which was approved on first reading and ordered to print by the Council of the
County of Kauai on April 14, 2010, and published in The Garden Island newspaper
on April 28, 2010.
The hearing proceeded as follows:
GLENN MICKENS: Thank you, Lani. For the record, Glenn Mickens.
I've read through this resolution 2010-34. For informational purposes, and Jay or
somebody I think will be able to straighten me out on this, if I read this correctly,
going through the resolution, lot 1, 12, A, and H, that's one of the acquisitions
(18,301 square feet, 851, 678, and 20,521). I came up with a total of 40,351 square
feet on that particular issue. Then you got lot 46, 47, 48, and 49 (7,059, 8,897, 726
and 342), about 17,024 square feet. And then you've got lot H, J, K, and L, for a
total of about 1204 square feet. Am I correct in assuming that...we're saying
roughly acre and a half of property here is what's going to be condemned. Am I
looking at this right? For condemnation, we're going to have purchase that much
property to do it. And if that is true, I see nothing in this resolution showing
money-wise what it's going to cost to acquire this land to condemn it. Can
somebody enlighten me on the monetary value and if I'm correct in what I'm
assuming. I tried to look at those maps, but I can't interpret those maps. The
things are small, and I'm not sure exactly where they are and everything, but it's
not easy looking at those little tiny maps they got showing where the properties are.
Mr. Furfaro: I'll try...
Mr. Mickens: Thank you.
Mr. Furfaro: ... if the Chairwoman would allow.
Ms. Kawahara: I was going to ask if any councilmembers wanted to
address it.
Mr. Furfaro: So in a condemnation, you need to establish the
benefit for public use, and at which time you would hope you would come into a
friendly condemnation that the property is...there is agreement that the public use
is reasonable, is appropriate, and you could tender an offer. If it's an unfriendly
condemnation, then obviously it would require some additional action and appraisal
of fair value and discussions with the court. So that's how it usually works. But the
proof for public use is of utmost importance.
Mr. Mickens: Then am I correct in my assessment of this,
about 60,000...little over 65,000 square feet...
Mr. Furfaro: Well you know, I went to public school in Hawaii,
Waianae~ elementary. If you're telling me those are the appropriate numbers, then
on its face value, I'll take your addition as being correct.
Mr. Mickens: Okay.
Ms. Kawahara: I can be sure somebody gets back to you with the
total square footage, if you like.
Mr. Mickens: Well, okay. Then the big question is how much,
what are we paying-for it.
Mr. Nakamura: Madam Chair, if that concludes Mr. Mickens'
testimony, we can get that information for the committee meeting.
Mr. Furfaro: It's in page 2, and I'll give- it to him later. It's a
very generous amount.
Mr. Mickens: Page 2 on this resolution, or... oh something you
got, okay.
Mr. Furfaro: I'll share that with you.
Mr. Mickens: Okay, appreciate it.
Ms. Kawahara: So we'll be sure to get that information to you.
Mr. Mickens: Thank you Lani.
Ms. Kawahara: Thank you Mr. Mickens. Anyone else in the public
wishes to speak on this issue or matter? Seeing none, this public hearing is closed
for the parks and recreation. Thank you.
There being no further testimony on this matter, the public hearing
adjourned at 1:46 p.m:
Respectfully submitted,
~~
PETER A. NAKAMURA
County Clerk
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