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HomeMy WebLinkAboutREP PWPRC 091 2014/11/06 (2012-2014)OFFICE INFORMATION ONLY Meeting: Council—November 19, 2014 Action: Postponed to call of Chair (Draft 2-1" reading). Re: Bill 316; Comm. 1134 (2012-2014 term); PWPRC-91 not adopted) REPORT OF THE COMMITTEE ON PUBLIC WORKS AND PARKS AND RECREATION COMMITTEE DATE: November 6, 2014 PLACE: Council Chambers Hilo, Hawaii TIME: 2:55 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 1134/Bill No.316 Your Committee on Public Works and Parks and Recreation, to which was referred Bill No. 316 reports as follows: Bill No. 316, transmitted by Councilmember Brenda Ford, via Communication No. 1134 dated October 22, 2014, names the new gymnasium and emergency shelters in Pahala, Ka`u, in honor of Representative Robert "Bob" Herkes and Principal Laurence J. Capellas, Sr. Ms. Ford explained that she submitted a similar measure to name the facility after Mr. Capellas in September 2013 but was advised by Corporation Counsel to hold off because of an issue over the ownership of the facilities. Ms. Ford acknowledged that the facilities is on State land but stated that it was Mr. Herkes' intent that the facilities be built and owned by the County when he designated his CIP funds to the County for their construction. She informed the Committee members that a memo from Parks and Recreation dated January 2011 stated that an Executive Order needed to be executed in order for ownership of the land where the facilities are built to be transferred to the County. She said the basis for the Executive Order getting done is a Memorandum of Agreement between the State and the County which has not been completed. She informed Committee members that a revised MOA is now being worked on after she met with Mr. Clayton Honma and Mr. Ken Van Bergen from Parks and Recreation. Mr. Onishi clarified that former councilman Mr. Guy Enriquez was also working on this project during his time as councilmember for the district. Ms. Eoff stated that she supports the effort but expressed the dilemma that the process of formally giving ownership and jurisdiction to name the buildings to the county by the state has not been completed yet. She said it will take a long time before the county will have the jurisdiction to be able to name the facility because a lot still needs to be settled and details to be worked out. Ms. Stebbins commended Ms. Ford on her effort to name the facilities after the two remarkable individuals but maintains that it is the corporation counsel office's position as well as the DOE's position that the facilities are owned by the state. She said it is her office's recommendation to pursue the naming of the facility through the BOE procedures because this is a DOE/State facility. She further stated that in the future, the facility may be transferred to the county through an Executive Order but it is not the case right now. However, she explained that there shouldn't be a hold up in the naming of the facility because the BOE has a procedure for it and her office has offered to provide assistance to Councilmember Ford in going through that process. Ms. Willie expressed that it is the Committee's prerogative to express what they believe and intend and urged the Committee members to support the naming of the facilities anyway and deal with DOE and legalese after. Ms. Ford urged the Committee members to support her proposal to pass both the bill and the companion resolution out of Committee with a favorable recommendation and indicated that she will postpone both measures at the next council meeting to the call of the chairperson to give Parks and Recreation time to finish the MOA and get the Executive Order done transferring the land and confirming that both buildings belong to the County. Mr. Kanuha stated that it is highly appropriate to honor the two individuals and their great contributions to the community but expressed concerns over legal issues that may arise. He supports postponement of both measures until something can be worked out with the different agencies involved. Your Committee on Public Works and Parks and Recreation is in accord with the purpose and intent of Bill No. 316 and recommends it passage on first reading. )c Respectfully submitted, COMMITTEE ON PUBLIC WORKS AND PARKS AND RECREATION a' DR ANU A, CIJAIR PWPRC REPORT NO.: 91 ADOPTED: AYES NOES ABS EX EOFF X FORD X 1 LAGAN X KANUHA X KERN X ONISHI X POINDEXTER X WILLE X YOSHINIOTO X Respectfully submitted, COMMITTEE ON PUBLIC WORKS AND PARKS AND RECREATION a' DR ANU A, CIJAIR PWPRC REPORT NO.: 91 ADOPTED: