The developers of the Pala Lagoon Swimming Center are now taking the position that since the area where the center is being built is designated for recreation, the project may not need a variance from the Territorial Zoning Board.
The president of the Rotary Club of Pago Pago, Utu Abe Male spells this out in a March 1st letter to the chairman of the Territorial Zoning Board Filifaatali Mike Fuiava and asks that the board issue a statement to the effect that there are no zoning issues with the swimming pool center and the project can proceed.
Utu says the area for the Pala Lagoon Swimming Center is officially named the Tafuna Beach Park , aka Lyons Park and has received federal grants from the Land and Water Conservation Fund , a divison of the National Park Service .
He cites that the Land Water Conservation Fund Program provides matching grants to states and local government for the acquisition and development of public outdoor recreation areas and facilities.
The program is intended to create and maintain a nationwide legacy of high quality recreation areas and facilities sand to stimulate non federal investment in the protections and maintenance of creation resources across the United States.
The Rotary Club president quotes correspondence from Ms Martha Droge, Program Officer for the National Park Service, State and Local Assistance Program stating the area where the pool center is to be built is under the LWCF and is to be used for recreation.
Utu says, had their club previously known this they would have saved the Zoning board the waste of their time and a fair amount of aggravation.
The Zoning Board approved in 2014 a variance for the swimming pool center and then after objections were raised by resident Jim McGuire and attorney Mark Ude , representing the Tafuna Residents Association, the board reversed its approval.
The Rotary Club then had to submit a new application which Zoning is now reviewing.
Utu says based on the original variance that the Zoning Board issued, and working through the ASG Procurement Office, a contract between ASG and Fletcher Construction was awarded for construction fo the pool center.
He revealed that the board reversal of their variance has resulted in the Department of Commerce, having to reprogram a portion of the Community Development Block grant funds included in the construction contract.
And Utu says, “this may, but hopefully not create a legal problem for ASG and jeopardize the entire project.
Utu asks that the Zoning Board issue a written statement stipulating that there are no zoning issues related to the swimming pool center and that Rotary, as far as the Zoning Board is concerned, can proceed with the project.
He urges that a rapid restart of the project hopefully would cause the CDBG to reconsider reprogramming of the funds.
