REP FC 037 2017/09/06 (2016-2018)

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• FC-37 Page 2 September 6, 2017 Ms. Lee Loy's understanding is, when DHHL develops their property, they build to dedicable standards and then they dedicate it to the County. Mr. Thiel responded it's accurate today but back then they did not build to dedicable standards. The funds to change out the lights came out of the Highway Fund. They do not have jurisdiction to change out the lights on private roads. DHHL roads are maintained according to State statute, and dedicable standards are questionable. The County is to maintain the roadways and makes no reference to streetlights. Mayor Kim agreed to do the streetlights and pay for electricity. Council Member Aaron Chung asked Patrick Kahawaiola`a, beneficiary, as to his concerns regarding the use of the money for those things that were traditionally being paid for by the County. Mr. Kahawaiola`a believes the ultimate decision makers are the Hawaiian Homes commissioners. His concerns are "if you don't own the roads, it cannot be dedicated to the County," and the use of the term "dedication" is to convey in fee. It is not State statute that makes it to where the County pays, it is the Hawaiian Home Commission Act, the act of Congress in Section 220 that says the County maintains the road. He stated he will have a discussion with Hawaiian Homes to clarify. Mr. Thiel clarified,back then Mr. Fujimoto stated they do not own the streetlights, they do not own anything and that was the premise for them paying for the materials for the new lights because they do not own them. This is the reason for the reimbursement and not for the streetlights. Mr. Kahawaiola`a responded, if what Mr. Thiel represents, the County does not own anything, then the County Charter needs to be amended because Article 1, Section 1, clearly states that the County owns all of the lands on this island, no exceptions, they own all the lands except State and Federal. The conversation of reimbursement was made outside of the rule making procedures and the people with the authority in the Department of Hawaiian Home Lands, and that is the Hawaiian Homes Commission which consist of nine members. Mr. Kahawaiola`a take this matter to them in October when they meet here on the Big Island. Ms. Lee Loy suggested the County follow through with the agreement and will clarify once they can discuss this with DHHL. She further stated that if the agreement was where the department be reimbursed, the work was done,therefore they deserve to be reimbursed. Council Member Kanuha is in support but asked, "What would happen if an agreement is not reached with the department and the County?" Mr. Thiel commented that at this time the County is receiving the benefit of saving energy costs and the reduced maintenance costs,benefiting as is. Pursuant to Section 46-7, Hawai`i Revised Statutes, the Mayor of the County of Hawaii is authorized to execute, on behalf of the County, an agreement and any related documents with the Department of Hawaiian Home Lands for the State of Hawai`i.