REP PWPC 102 05/05/1998 1996-1998

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REPORT OF THE COMMITTEE ON PUBLIC WORKS AND PARKS DATE: May 5, 1998 RE: COMM. NO. 699 /RESOLUTION NO. 225-98 PLACE: Councilroom TIME: 9:00 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Parks, to which was referred Communication No. 699 and attached Resolution No. 225-98, reports as follows: The purpose of Resolution No. 225-98 is to authorize the County, pursuant to section 23-10 of the Hawaii County Code and article XIII, section 13-12 of the Hawaii County Charter, to accept a dedication deed transmitting real properly for road and drainage purposes from Sunstone Realty Partners LLC. The dedication deed is for a roadway lot located in Waiakea, South Hilo, Hawaii, specifically identified as Tax Map Key No: (3) 2-3-37:014. Communication No. 699 is a letter from Deputy Corporation Counsel Gerald Takase, dated January 20, 1998, which transmits Resolution No. 225-98 to the County Council for its review and consideration. Mr. Takase states in his letter that the deed has been reviewed by the Department of Public Works and the Planning Department which have recommended acceptance of the dedication deed. All subdivision improvements have been completed. Your Committee first addressed this matter on March 5, 1998, at which time concerns about liability, the one-way ingress and egress, and construction in a flood inundation area were expressed. Due to these concerns, Your Committee recommended that this item be deferred to address all concerns discussed. Communication No. 699.01 is from Frederick Giannini, Deputy Corporation Counsel, dated April 6, 1998, clarifying Your Committee's concerns of liability and legality when portions of the dedicated subdivision roads are built in a flood inundation area. Today Your Committee discussed the concerns referenced on this matter, found that it is in accord with the purpose and intent of Resolution No. 225-98, and recommends its adoption. la C699 R225-9H AYES NOES A&E EX Respectfully submitted YAGONG X CO ITTEI: ON PUBLIC WORKS & PARKS REYNOLDS X CHUNG X LEITHEAD-TODD X DOMIN[C YAGONG R RAV x PW&PC REPO N 102 SANTANGELO X JUN 0 1 1998 SMITH X ADOP'LED: ARAKAKI E.O.M.