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REPORT OF THE <br />COMMITTEE ON PUBLIC WORKS AND MASS TRANSIT <br />DATE: January 19, 2021 <br />PLACE: Council Chambers <br />Hilo, Hawaii <br />TIME: 1:00 P.M. <br />Council Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Re: Comm. No. 55/Res. No. 29-21 <br />Your Committee on Public Works and Mass Transit, to which was referred Resolution No. 29-21, <br />reports as follows: <br />Resolution No. 29-21, introduced by Committee Chair Susan L. K. Lee Loy at the request of the <br />Administration, and transmitted via Communication No. 55 dated December 30, 20205 by Director of <br />Public Works Steven Ikaika Rodenhurst, authorizes entering into a right -of -entry agreement with the <br />University of Hawaii for certain lands to repair damage to existing drainage facilities as a result of <br />heavy flooding. <br />The subject parcels, 2-4-001:167 and 2-4-056:017, include the main campus of the University of <br />Hawaii at Hilo. <br />Director Rodenhurst and Kyle Honda of the Engineering Division came forward to represent the <br />department. <br />Mr. Honda explained that the resolution allows the creation of a right -of -entry agreement with the State <br />so that the Army Corps of Engineers can go in and do repair work on Hurricane Lane -related flood <br />damage from 2018. <br />Committee Member Tim Richards sought and received clarification that the resolution satisfies an <br />intergovernmental procedural requirement. <br />The resolution is required for the right -of -entry pursuant to Hawaii Revised Statutes, Section 46-7: <br />"§46-7 Agreements with federal government; use of funds. The governing body or <br />the planning commission or department of the various counties, with the consent of the <br />council, may enter into agreements (which may extend over any period, notwithstanding <br />any provision or rule of law to the contrary) with the federal government or any other <br />public body or bodies respecting action to be taken pursuant to any of the powers granted <br />to it by law and furnish, expend, and receive any funds or other assistance in connection <br />with projects being or to be undertaken pursuant to the powers." (Emphasis added). <br />PWMTC Report No.: 2 <br />