HomeMy WebLinkAboutREP PWPC 056 07/22/1997 1996-1998 REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND PARKS
DATE: July 22, 1997 RE: COMM. NO. 387/
PLACE: Councilroom BILL 112
TIME: 10:32 a.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Parks, to which was referred Communication No. 387
and attached Bill No. 112, reports as follows:
The purpose of Bill No. 112 is to amend Chapter 27 of the Hawaii County Code, relating to
flood control, by authorizing the Chief Engineer to require removal of encroachments or
obstructions of drainageways, floodways, levee systems, or watercourses. If the responsible
party does not remove the encroachment or obstruction, Bill No. 112 authorizes the Department
of Public Works to do so and to institute an action to recover its costs and expenses.
Communication No. 387 is a letter from Chief Engineer Donna Fay K. Kiyosaki, dated
July 2, 1997, which transmits Bills No. 1 11 and 112 to the County Council for its consideration.
During the discussion on this matter, Mr. Casey Yanagihara, an engineer with the Department of
Public Works, informed Your Committee that the proposed amendments would address
obstructions of natural drainageways. As an example of a situation where the amendments
would apply, he cited a situation where a resident adjoining a drainageway has not kept that
drainageway free of obstructions resulting in flooding in the neighbor's yard during heavy rains.
Mr. Yanagihara confirmed that this proposed amendment is not intended to apply to new
construction per se, but more to situations such as the example he noted, where fill, brush,
vegetative overgrowth or other materials obstruct the natural flow of water. Mr. Yanagihara
noted that the proposed amendments would allow the County to give notice to homeowners who
obstruct drainageways to remove the obstruction and, if this is not done, would further enable
the County to remove the obstruction at the wst of the homeowner.
In response to questions by Committee Member Smith, Mr. Yanagihara noted that this bill is
related to section 46- 11.5, Hawaii Revised Statutes, and also informed Your Committee that this
bill has been reviewed by Deputy Corporation Counsel Gerald Takase
Public Works and Parks Committee
Communication No. 387Bi11 No. 112
Page Two
In response to Committee Member Santangelo's and Council Member Tyler's concerns about
the implications of and background behind this proposed measure, Committee Chair Yagong
noted an example of a drainage problem in Honomu and spoke in favor of enabling the County
to respond more effectively to such situations. It was also pointed out that the underlying
philosophy of the Bill is one of stewardship.
After consideration of all of the above, Your Committee reports that it is in accord with the
purpose and intent of Bi11 No. 112 and recommends that it pass first reading.
Ic
AYES NOES A&E EX Respectfully submitted
YAGONG X CO)yIMITTEE ON PUBLIC WORKS 8c PARKS
REYNOLDS X 1\
CHUNG X
LEITHEAD-TODD X DOMINIC YAGO~ JR
RAY X
SANTANGELO x PW&PC O NO. 55
SMITH X ~ II 6 1997
ARAKAKI E.O.M X ADOPTED;