HomeMy WebLinkAboutREP PWIRC 015 04/01/2003 2002-2004Rf:PORf 01~ "fHF
COMMI'f'fF,ti ON PUBLIC WORKS &
INTERGOVh;RNMENTAI. RF:I.AI~IONS
DATE: April I. 2003 Rf:: Communication Nu. 173/Resolution No. ~3-03
PLACE: Councilroom
I"IME: 9:05 a.m.
Chair and Members
Hawaii County Council
Ifilo. Hawaii 96720
Your Conunittee on Public Works and Intergovernmental Relations, to ~+hich was referred
Communication No. 173 and attached Resolution No.53-03, reports as tbllows:
Communication No. 173 dated March Id. '_003 is from Council Member Joe Reynolds, transmitting
the above resolution for Council consideration.
The purpose of Resolution No. 53-03 is to authorize the temporap harricading of stub-outs located on
Lako and Kinau streets in Kailua-Kona. According to Resolution 53-03. this action is permitted under
Chapter 24 of the Hawaii County Code 1983 (199 edition) to curh illegal activities as long as the
closure do not afTect die Ilow oflraf9ie or public access and adjacent landowners arc provided with
written notillcation by the requesting agency before closure. fhe Police Department is the rcyursting
agency. A map identifying the location of the barricades as well as a copy of the closure notification
are also attached to the resolution.
At today's meeting, Gregg hashiwa, Prr,ject Manager, Kona Vistas Subdivision, delivered testimom_
against the resolution and the barricade action because of liability concerns. l~he~ have requested
legal clarification un this matter as well as absolution of any possible liahility against the (ianucs
Corporation. During discussion. ii was requested that Councilmember Reynolds_ betbrc the
consideration ofdtis matter ut the nest Council meeting. provide further clarification on the Ibdo~~ ing
issues:
I . Ov. nership of [hc road
3. Gsact location of the barricades
3. Financial commitments fi cover the installation of [hc barricades
4. Liability issues in relation to concerns repressed hp Gamrex
~. Position of the community association on this proposal
For infonnalional purposes. Councilmembcr's Tyler and .lacohson both ~ otcd kanalua times hcu.
Communication 173
Resolution 53-03
Page 2
Your Committee is in accordance with the purpose and intent of Resolution No. 53-U3 and
recommends its adoption.
ctd
AYES NOES EX ABS
ARAKAKI X
CHUNG ~r
ELARIONOFF X
HOLSCHUH X
JACOBSON X
LEITHEAD-TODD X
REYNOLDS X
SAFARIK X
TYLER X
Respectfully submitted
COMMITTEE ON PUBLIC WORKS &
INTERGOVERNMENTAL RELATIONS
a
Leningrad Elar Hoff, CHAIR
PW&IRC REPORT NO. 15
ADOPTED: APB 1 6 200