HomeMy WebLinkAboutREP PWIRC 040 11/06/2007 2006-2008 REPORT OF THE
COMMITTEE ON PUBLIC WORK5 & INTERGOVERNMENTAL RELATIONS
DATE: November 6, 2007 Re: Comm. No. 754/Res. 384-07
PLACE: Council Chambers
Ben Franklin Bldg., 2nd Floor
333 Kilauea Avenue
Hilo, Hawaii 96720
TIME: 12:45 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works & Intergovernmental Relations, to which was referred
Communication 754, regarding Resolution 384-07, reports as follows:
Resolution 384-07, transmitted by Assistant Corporation Counsel Gerald Takase, via
Communication No. 754, dated October 8, 2007, authorizes the abandonment and disposition of an
old government road remnant situate at Nanue, District of North Hilo, County and State of Hawaii,
containing an area of 8,509 square feet, that bisects Tax Map Key (3) 3-2-001:019, with a fair market
value of $3, 125, and owned by Gregory Lee Dilworth and Machi Fukuyama Dilworth.
Section 2-110 of the Hawaii County Code 1983 (2005 Edition), as amended, requires that the Council,
by resolution, authorize the aforementioned old government road declared to be abandoned and
otherwise a discontinued right-of--way which is physically and economically unsuitable or undesirable
for development or utilization as a separate unit by reason of its location, size and shape; and by
definition, is a remnant. Furthermore, Section 2-111, Hawaii County Code, provides that the Council
may direct the Finance Director to dispose of real property in fee simple; and Section 2-118, Hawaii
County Code, provides that remnants or portions thereof may be disposed of without recourse to public
auction and shall be first offered to the abutting landowners.
Abutting property landowners, Steven L. and Maria J. Wolf, objected to the disposition of this old
government road and were last heard from in March 2007, according to information previously
provided by Assistant Corporation Counsel Gerald Takase to Committee Chair Ford. Committee Chair
Ford recently sent a letter to the Wolfs' to respond or comment on the sale of this road remnant.
Michael W. Moore, attorney representing Mr. and Mrs. Dilworth, expressed his clients' desire to
acquire the above-mentioned old government road. He further stated that the Dilworths' purchased the
property without prior knowledge that a historical road or trails existed, and are trying to explore
options that might be available to resolve the existence of this trail.
Deputy Corporation Counsel Ivan Torigoe also came forward to answer questions by Your Committee,
however was unable to provide information when asked if there was a possible connection to a
Hawaiian trail or railroad system.
As noted below, your Committee on Public Works & Intergovernmental Relations is not in accord with
the purpose and intent of Resolution 384-07, and forwards it to Council with a negative
recommendation.
dkr
nvES NOES A&E Ex Respectfully submitted,
FORD X
RIGA X COMMITTEE ON PUBLIC WORKS &
HOFFMANN X INTERGOVERNMENTAL RELATIONS
IKEDA X
JACOBSON X
NAEOLE X
PILAGO X BRENDA FORD, HAIR
YAGONG X PWIRC REPORT NO. 40
YOSHIMOTO X ADOPTED: NOV Z O 2007