REP FC 155 2020/11/06 2018-2020 - Laserfiche WebLink

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3 3 7 REPORT OFT E COMMITTEE ON FINANCE DATE: November 5, 2020 Re: Comm. No. 1123/Res.No. 757-20 PLACE: Council Chambers Hilo, Hawaii TIME: 11:03 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 I I Your Committee on Finance, to which was referred Resolution No. 757-20, reports as follows: I Resolution No. 757-20,transmitted by Deputy Corporation Counsel J Yoshimoto, via Communication No. 1123 dated October 7, 2020, accepts a grant of Public Pedestrian Access Easement, identified as Tax Map Key: 2-5-015:022 (Por.), situated at Ponahawai, District of South Hilo, County and State of Hawaii, from Paul David Brotzman and Amy Jean Brotzman. Resolution No. 757-20 identifies an easement that would provide the residents,tenants, and property owners to access a public park via Chong Street. A motion to move Resolution No. 757-20 to Council with a positive recommendation was made by Council Member Karen Eoff, and seconded by Council Member Rebecca Villegas. Corporation Counsel Joe Kamelamela and Parks and Recreation Deputy Director James Komata came forward to address Your Committee to discuss concerns regarding the easement. The County of Hawaii and Paul and Amy Brotzman(of Chong's lineage), and owners of the real property identified as Tax Map Key: 2-5-015-022,have been working on this easement for years, with many reasons for the delay, involving specific land features of the property, et cetera. The Brotzmans' have been very cooperative and made several investments to assist, including erecting a rock wall on one side, clearing overgrowth, and installing a hedge,to provide a friendly and safe easement to the Hokulani Park from the Chong Street subdivision. Council Chair Chung stated that the Hokulani Park was first requested by former Council Members Donald Ikeda and J Yoshimoto, finally completed the project under his term. Mr. Komata addressed the efforts made by the grantors and noted that there is a drop-off at the end of the wall, which the County is prepared to address. He further shared that the perimeter of the Hokulani Park is fenced, with the initial design taking into consideration for options of a gate at said easement. In a deeper conversation relating to specific legal indemnification of liability relative to this easement, it was noted that the County would be liable. Mr. Kamelamela was asked whether or not the County could extinguish the easement in the event it became a tremendous liability to the County of Hawaii, however Mr. Kamelamela was unclear in explaining the allowed attempts to do so, by either the grantor and/or the County of Hawaii. Mr. Kamelamela did have the draft easement agreement, and that after review, stated he now believes that language can be added to the easement under indemnification for any claims FC Report No.: 155