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REPORT OF THE <br />COMMITTEE ON PUBLIC WORKS AND <br />PARKS AND RECREATION COMMITTEE <br />DATE: November 6, 2014 <br />PLACE: Council Chambers <br />Hilo, Hawaii <br />TIME: 2:55 p.m. <br />Council Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Re: Comm. No. 1134/Bill No.316 <br />Your Committee on Public Works and Parks and Recreation, to which was referred Bill No. 316 <br />reports as follows: <br />Bill No. 316, transmitted by Councilmember Brenda Ford, via Communication No. 1134 dated <br />October 22, 2014, names the new gymnasium and emergency shelters in Pahala, Ka`u, in honor <br />of Representative Robert "Bob" Herkes and Principal Laurence J. Capellas, Sr. <br />Ms. Ford explained that she submitted a similar measure to name the facility after Mr. Capellas <br />in September 2013 but was advised by Corporation Counsel to hold off because of an issue over <br />the ownership of the facilities. Ms. Ford acknowledged that the facilities is on State land but <br />stated that it was Mr. Herkes' intent that the facilities be built and owned by the County when he <br />designated his CIP funds to the County for their construction. She informed the Committee <br />members that a memo from Parks and Recreation dated January 2011 stated that an Executive <br />Order needed to be executed in order for ownership of the land where the facilities are built to be <br />transferred to the County. She said the basis for the Executive Order getting done is a <br />Memorandum of Agreement between the State and the County which has not been completed. <br />She informed Committee members that a revised MOA is now being worked on after she met <br />with Mr. Clayton Honma and Mr. Ken Van Bergen from Parks and Recreation. <br />Mr. Onishi clarified that former councilman Mr. Guy Enriquez was also working on this project <br />during his time as councilmember for the district. <br />Ms. Eoff stated that she supports the effort but expressed the dilemma that the process of <br />formally giving ownership and jurisdiction to name the buildings to the county by the state has <br />not been completed yet. She said it will take a long time before the county will have the <br />jurisdiction to be able to name the facility because a lot still needs to be settled and details to be <br />worked out. <br />Ms. Stebbins commended Ms. Ford on her effort to name the facilities after the two remarkable <br />individuals but maintains that it is the corporation counsel office's position as well as the DOE's <br />position that the facilities are owned by the state. She said it is her office's recommendation to <br />pursue the naming of the facility through the BOE procedures because this is a DOE/State <br />facility. She further stated that in the future, the facility may be transferred to the county through <br />an Executive Order but it is not the case right now. However, she explained that there shouldn't <br />