HomeMy WebLinkAboutRES 032 Draft 01 2018-2020414
COUNTY OF HAWAII STATE OF HAWAII
GF.N i1
RESOLUTION NO.32 19
A RESOLUTION AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO
AGREEMENTS WITH: 1) THE STATE OF HAWAII DEPARTMENT OF LAND AND
NATURAL RESOURCES AND 2) THE STATE OF HAWAII DEPARTMENT OF
HAWAIIAN HOME LANDS TO ASSIST WITH THE CLEARING OF EXCESSIVE
VEGETATION FROM CERTAIN STATE LANDS LOCATED AT WAIAKEA, SOUTH
HILO,HAWAII PURSUANT TO HRS § 46-7
WHEREAS,there are certain State lands located at Waiakea, South Hilo, Hawai`i,
which are separately under the jurisdiction of the State of Hawai`i Department of Land and
Natural Resources ("DLNR") and the State of Hawai`i Department of Hawaiian Home Lands
DHHL"); and
WHEREAS, said State lands are identified as: 1) TMK Nos.: (3) 2-1-012:041 and (3) 2-
1-012:149 under the jurisdiction of DLNR and 2) TMK No.: (3) 2-1-012:070 under the
jurisdiction of DHHL, as depicted on the map attached hereto as Exhibit"A" (collectively "State
lands"); and
WHEREAS, excessive vegetation has grown on the State lands and the County's Police
Department has received numerous complaints of illegal activities occurring thereon due to the
excessive vegetation impairing visibility onto those State lands; and
WHEREAS, representatives from the County's Police Department and Department of
Public Works met with representatives of DLNR and DHHL and all parties agreed that clearing
the excessive vegetative growth from the State lands would likely deter the illegal activities
occurring on State lands; and
WHEREAS, the County's Department of Public Works has equipment which could be
used to assist in clearing the excessive vegetative growth from State lands, and DLNR and
DHHL have requested that the County enter into right of entry agreements to allow for the
equipment to be used on the State lands; and
WHEREAS,pursuant to Hawaii Revised Statutes, Section 46-7, this Council's
authorization is required for the County to enter into such right of entry agreements; now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in
accordance with Hawai`i Revised Statutes Section 46-7,the Mayor of the County of Hawai`i is
authorized to execute, on behalfof the County,the rights of entry agreements and any related
documents with DLNR and DHHL, respectively,to enter the State lands for the purpose of
clearing excessive vegetation.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Director of the Department of Public Works, Mayor Harry Kim, the Office of
Corporation Counsel, the State of Hawai`i Department of Land and Natural Resources, and the
State of Hawai`i Department of Hawaiian Home Lands.
Dated at Kona , Hawai`i, this 23rd day of January 2019 .
INTRODUCED BY:
411r 41.
moi - - A?...
UNCIL MEMBER, C e ' OF HA API
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawaii CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL ofthe XCountyofHawai`i on January 23, 2019
KANEALI`I-KLEINFELDER
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
8 0 1 0
Reference: C-55/Waived PWMTC
COUNTY CLERK CHAIRPERSON & PRESI ING OFFICER RESOLUTION NO. 32 19
2
Right of Entry to
County of Hawaii DPW
TMK: (3)2-1-012:041,149
EXHIBIT A
TMK: (3) 2-1-012: 70, 041 & 149
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TMK: (3) 2-1-012:070 TMK: (3) 2-1-012: 041 & 149
DHHL DLNR
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