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<br /> <br /> <br /> <br /> REPORT OF THE <br /> COMMITTEE ON PUBLIC WORKS AND <br /> INTERGOVERNMENTAL RELATIONS <br /> DATE: September 1, 2009 Re: Comm. No. 474/Res. 222-09 <br /> PLACE: Sheraton Keauhou Bay Resort and Spa <br /> 78-128 `Ehukai Street <br /> Kailua-Kona, Hawaii <br /> TIME: 1:00 p.m. <br /> <br /> Council Chair and Members <br /> Hawaii County Council <br /> Hilo, Hawaii 96720 <br /> Your Committee on Public Works and Intergovernmental Relations, to which was referred <br /> Communication No. 474, regarding Resolution 222-09, reports as follows: <br /> <br /> Resolution 222-09, transmitted by Deputy Corporation Counsel Gerald A. Takase, via Communication <br /> No. 474 dated August 6, 2009, accepts the surrender of Derby Lane (Hoke Street to Barenaba Street) and <br /> a portion of Wilson Street (Derby Lane to Kilauea Avenue), situate in the District of South Hilo, County <br /> and State of I-Iawai`i, as County Roads. <br /> <br /> There was no testimony from members of public regarding the proposed resolution. <br /> Committee Chair Brenda J. Ford relinquished her seat to Committee Vice Chair Kelly Greenwell. <br /> <br /> Ms. Ford commented that the last recorded owner of the roadways was the developer of the Fairview <br /> Lots, Colin McLennan and he cannot be located. These roads have fallen into a state of disrepair and <br /> provide the only legal access to Bareneba Street and Noio Lane, which are County owned roads. <br /> Furthermore, Hawaii Revised Statutes, Section 264-1(c)(2), provides: "Surrender of public highways or <br /> trails shall be deemed to have taken place if no act of ownership by the owner of the road, alley, street, <br /> bikeway, way, lane, trail, or bridge has been exercised for five years and when, in the case of a county <br /> highway, in addition thereto, the legislative body of the county has, thereafter, by a resolution, adopted <br /> the same as a county highway or trail." Deputy Corporation Counsel Julic Mecklenburg agreed with <br /> Ms. Ford's comments and explanation of FIRS § 264-1(c)(2). <br /> Your Committee on Public Works and Intergovernmental Relations is in accord with the purpose and <br /> intent of Resolution 222-09, and recommends its adoption. <br /> <br /> dkr <br /> AYES NOES A&E EX Respectfully submitted, <br /> <br /> ENRIQUES X <br /> FORD X COMMITTEE ON PUBLIC WORKS AND <br /> GREENWELL X INTERGOVERNMENTAL RELATIONS <br /> IKEDA <br /> HOFFMANN X <br /> KEllA X ~/GI <br /> NAEOLE X BRENDA J. FOR , CHAIR <br /> ONISHI X <br /> YAGONG X PWIRCREPORTNO. 37 <br /> YOSHIMOTO X ADOPTED: SEP 1 6 200 <br /> C <br />