HomeMy WebLinkAboutREP FC 155 2020/11/06 2018-2020 3
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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
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Your Committee on Finance, to which was referred Resolution No. 757-20, reports as follows:
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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
FC-155 Page 2 November 5,2020
over$10,000 to come before Council. He further noted that Parks& Recreation would be responsible
for the maintenance and repair of said easement onto the Hokulani Subdivision Park.
Council Chair Aaron S.Y. Chung noted that he would support this resolution even with the liability
concerns, however he would like it to be made final during the new administration. He believes that the
new administration should have the opportunity to weigh-in on this matter. Committee Chair David
acknowledged the request and noted the record accordingly.
Your Committee on Finance is in accord with the purpose and intent of Resolution No. 757-20, and
recommends its adoption.
db
AYES NOES ABS EX Respectfully submitted,
CHUNG x
DAVID X COMMITTEE ON FINANCE
EOFF x
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
LEE LOY x
POINDEXTER X MAILS MEDEIR AVID, CHAIR
RICHARDS X FC REPORT NO.: 155
VILLEGAS X ADOPTED: JAPE m a