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REPORT OF THE <br /> COMMITTEE ON PUBLIC WORKS AND <br /> PARKS AND RECREATION COMMITTEE <br /> DATE: September 7, 2011 Re: Comm. No. 321/Res. No. 124-11 <br /> PLACE: Council Chambers <br /> Hilo, Hawai`i <br /> TIME: 8:05 <br /> Council Chair and Members <br /> Hawai`i County Council <br /> Hilo, Hawai`i 96720 <br /> Your Committee on Public Works and Parks and Recreation, to which was referred Resolution <br /> No.124-11, reports as follows: <br /> Resolution No. 124-11, from Assistant Corporation Counsel Katherine A. Garson, dated <br /> August 24, 2011, authorizes the Director of Finance to execute Grant of Easements in favor of <br /> the State of Hawai`i, Department of Agriculture for irrigation purposes. <br /> Section 2-111 of the Hawaii County Code states that the Finance Director may be authorized by <br /> resolution of the County Council to grant an easement for a particular purpose, subject to a <br /> reverter back to the County upon termination or abandonment of the specific purpose; and <br /> Section 2-120 of the Hawai`i County Code allows a disposition of real property to government <br /> and government agencies without the appraisal, auction and other requirements in article 19 of <br /> the Hawai`i County Code. <br /> Council Chair Yagong expressed concern with the process and asked Deputy Corporation <br /> Counsel Julie Mecklenburg to bring information on what legal right, if any, existed for the <br /> construction of the water lines prior to granting the easements to the next meeting when this <br /> resolution will be discussed. He cautioned that this is a dangerous practice. Councilmember <br /> Ford asked if the irrigation water was going to be potable water; however, no one could provide <br /> an answer. She requested the information be available at the next meeting when this resolution <br /> will be discussed. <br /> Your Committee on Public Works and Parks and Recreation is in accord with the purpose and <br /> intent of Resolution 124-11, and recommends its adoption. <br /> bl <br /> AYES NOES A&E EX Respectfully submitted, <br /> BLAS X <br /> FORD x COMMITTEE ON PUBLIC WORKS & <br /> HOFFMANN x PARKS AND RECREATION <br /> IKEDA X <br /> ONISHI X <br /> PILAGO X <br /> SMART x FRED BLAS, CHAIR <br /> YAGONG X PWPRC REPORT NO. 35 <br /> YOSHIMOTO X ADOPTED: SEP 2 1 2011 <br />