HomeMy WebLinkAboutREP PWPRC 035 09/07/2011 2010-2012 REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
PARKS AND RECREATION COMMITTEE
DATE: September 7, 2011 Re: Comm. No. 321/Res. No. 124-11
PLACE: Council Chambers
Hilo, Hawai`i
TIME: 8:05
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Public Works and Parks and Recreation, to which was referred Resolution
No.124-11, reports as follows:
Resolution No. 124-11, from Assistant Corporation Counsel Katherine A. Garson, dated
August 24, 2011, authorizes the Director of Finance to execute Grant of Easements in favor of
the State of Hawai`i, Department of Agriculture for irrigation purposes.
Section 2-111 of the Hawaii County Code states that the Finance Director may be authorized by
resolution of the County Council to grant an easement for a particular purpose, subject to a
reverter back to the County upon termination or abandonment of the specific purpose; and
Section 2-120 of the Hawai`i County Code allows a disposition of real property to government
and government agencies without the appraisal, auction and other requirements in article 19 of
the Hawai`i County Code.
Council Chair Yagong expressed concern with the process and asked Deputy Corporation
Counsel Julie Mecklenburg to bring information on what legal right, if any, existed for the
construction of the water lines prior to granting the easements to the next meeting when this
resolution will be discussed. He cautioned that this is a dangerous practice. Councilmember
Ford asked if the irrigation water was going to be potable water; however, no one could provide
an answer. She requested the information be available at the next meeting when this resolution
will be discussed.
Your Committee on Public Works and Parks and Recreation is in accord with the purpose and
intent of Resolution 124-11, and recommends its adoption.
bl
AYES NOES A&E EX Respectfully submitted,
BLAS X
FORD x COMMITTEE ON PUBLIC WORKS &
HOFFMANN x PARKS AND RECREATION
IKEDA X
ONISHI X
PILAGO X
SMART x FRED BLAS, CHAIR
YAGONG X PWPRC REPORT NO. 35
YOSHIMOTO X ADOPTED: SEP 2 1 2011