HomeMy WebLinkAboutREP PWIRC 084 08/03/2010 2008-2010 REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS
DA1 E August 3, 2010 Re Comm No 773 3 /Res 321 -10 Draft 2
PLACE Hawaii County Building
25 Aupuni Street
Hilo, Hawai'i 96720
1IME 2 06 P M
Council Chair and Members
Ilawai'e County Council
Hilo, Ilawafi 96720
Your Committee an Public Works and Intergoveinmental Relations, to which was referred
Resolution No 321 -10, Draft 2, reports as follows
Resolution No 321 -10, transmitted by Council Member Dominic Yagong, via Communication
No 773 dated April 7, 2010, requests the Hawaii State Legislature to make changes to the
Hawat'i Revised Statutes so as to authorizes the Hawaii' County Council the option to designate
a portion of the district's fuel tax allocation to be utilized for a grant -m -aid program for nonprofit
organizations for the purpose of road maintenance for private streets and roadways
Your Finance Committee first heard Resolution No 321 -10 on April 19, 2010 Mr Ya
moved to amend Resolution 321 -10 with the contents of Communication No 773 2
Council member Brenda Ford proposed a secondaiy amendment to Mr Yagong's amendment
striking the word "shall" from the second proposed "WHEREAS" and also from the first "BE IT
FURTHER RESOLVED" and replacing both with the word "may " Voting in favor of this
secondaiy amendment were Mr Enriques, Ms Ford, Mr Greenwell, MI Hoffmann, Ms
Naeole- Beason, Mr Yagong, Council Chair Yoshimoto and Chair Onishi Mr Ikeda voted
against the amendment
Ms Fold proposed another secondary amendment to Mr Yagong's amendment, coirecting the
spelling of the last word of the first "WHEREAS" to "implementation " Voting in favor of this
secondary amendment were Mr Enriques, Ms Ford, Mr Greenwell. Mr Hoffmann, Ms
Naeole- Beason, Mr Yagong, Council Chair Yoshimoto and Chair Onishi Mr Ikeda voted
against the amendment
The motion was postponed at the Finance Committee and at the request of Penance Committee
Chair Dennis `Fresh" Onishi, Resolution No 321 -10, Draft 2 was ie- referred from the Pmance
Committee to the Public Works and Intergovernmental Relations Committee
PWIRC REPORT NO 84
Comm. 773.3/ Res. 321 -10, dr. 2
Page -2-
Department of Public Works Director Warren H. W. Lee and Corporation Counsel Lincoln
Ashida were on hand to answer questions.
Mr. Hoffmann expressed concern regarding liability of recipient non - government organizations.
Mr. Ashida confirmed the State Legislature would have to investigate all liability questions
surrounding this proposal, both on the government and recipient sides. Mr. Ashida emphasized
the County will be taking on exposure.
Ms. Ford suggested that since this resolution asks for changes be made in the Hawai`i Revised
Statutes, it would be appropriate to present to the Hawai`i State Association of Counties for
review and discussion. She also stated funding allocations suggested by this resolution should
not be restricted to 501(c)3 organizations.
County Clerk Kenneth Goodenow advised the Committee the language in this resolution
regarding formation of an Ad Hoc Committee violates the rules of the County Council, and he
emphasized the importance of submitting legislation to the Legislative Research Branch before
bringing it to public agenda in order to avoid such problems.
Your Committee on Public Works and Intergovernmental Relations is in accord with the purpose
and intent of Resolution 321 -10, Draft 2. 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
IIOFFMANN X
IKEI)A X
NAEOLE - BEASON X M AL/ L /��l�
ONISHI X _ _ G f EN if 1 ES, CHAR
YAGONG X PWIRC REPIJ 'O. 84__ _
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YOSHIMOTO X ADOPTED: L r 1 8 2010