HomeMy WebLinkAboutREP PWIRC 037 09/01/2009 2008-2010
REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS
DATE: September 1, 2009 Re: Comm. No. 474/Res. 222-09
PLACE: Sheraton Keauhou Bay Resort and Spa
78-128 `Ehukai Street
Kailua-Kona, Hawaii
TIME: 1:00 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Intergovernmental Relations, to which was referred
Communication No. 474, regarding Resolution 222-09, reports as follows:
Resolution 222-09, transmitted by Deputy Corporation Counsel Gerald A. Takase, via Communication
No. 474 dated August 6, 2009, accepts the surrender of Derby Lane (Hoke Street to Barenaba Street) and
a portion of Wilson Street (Derby Lane to Kilauea Avenue), situate in the District of South Hilo, County
and State of I-Iawai`i, as County Roads.
There was no testimony from members of public regarding the proposed resolution.
Committee Chair Brenda J. Ford relinquished her seat to Committee Vice Chair Kelly Greenwell.
Ms. Ford commented that the last recorded owner of the roadways was the developer of the Fairview
Lots, Colin McLennan and he cannot be located. These roads have fallen into a state of disrepair and
provide the only legal access to Bareneba Street and Noio Lane, which are County owned roads.
Furthermore, Hawaii Revised Statutes, Section 264-1(c)(2), provides: "Surrender of public highways or
trails shall be deemed to have taken place if no act of ownership by the owner of the road, alley, street,
bikeway, way, lane, trail, or bridge has been exercised for five years and when, in the case of a county
highway, in addition thereto, the legislative body of the county has, thereafter, by a resolution, adopted
the same as a county highway or trail." Deputy Corporation Counsel Julic Mecklenburg agreed with
Ms. Ford's comments and explanation of FIRS § 264-1(c)(2).
Your Committee on Public Works and Intergovernmental Relations is in accord with the purpose and
intent of Resolution 222-09, and recommends its adoption.
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AYES NOES A&E EX Respectfully submitted,
ENRIQUES X
FORD X COMMITTEE ON PUBLIC WORKS AND
GREENWELL X INTERGOVERNMENTAL RELATIONS
IKEDA
HOFFMANN X
KEllA X ~/GI
NAEOLE X BRENDA J. FOR , CHAIR
ONISHI X
YAGONG X PWIRCREPORTNO. 37
YOSHIMOTO X ADOPTED: SEP 1 6 200
C