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HomeMy WebLinkAboutRES 631 Draft 01 2018-2020COUNTY OF HAWAII -*_ Vfl t- STATE OF HAWAII rE OF NF• RESOLUTION NO. 631 20 A RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ISSUE LICENSES AND PERMITS FOR CONSTRUCTION OR MODIFICATION OF SMALL WIRELESS FACILITIES IN COUNTY OF HAWAII OWNED RIGHT-OF-WAYS AND COLLOCATION OF SMALL WIRELESS FACILITIES ON COUNTY OF HAWAII OWNED UTILITY POLES, PURSUANT TO CHAPTER 206N, HAWAII REVISED STATUTES, RELATING TO WIRELESS BROADBAND AND COMMUNICATIONS NETWORKS. WHEREAS, the County ofHawai`i owns and maintains certain public right-of-ways and utility poles; and WHEREAS, pursuant to Chapter 2, Article 9, Hawai`i County Code, the Department of Public Works is responsible for County of Hawai`i owned public right-of-ways and utility poles; and WHEREAS, ursuant to Chapter 206N, Hawai`i Revised Statutes, relating to Wirelesspp Broadband and Communications Networks, construction or modification of small wireless facilities by communications service providers shall be a permitted use in County of Hawaii owned public right-of-ways and the County of Hawai`i shall permit the collocation of small wireless facilities on County of Hawai`i owned utility poles by communications service providers; and WHEREAS, pursuant to Section 2-111, Hawai`i County Code, except as otherwise provided by law and subject to other provisions of Chapter 2, Article 19, Hawai`i County Code, the Council may by resolution direct the director of public works to dispose of County of Hawai`i owned real property by license or permit; and WHEREAS,pursuant to Section 2-119, Hawai`i County Code, the Council may, after consulting with the chief of police, direct the director of public works to issue licenses and permits through negotiation and without public auction,to enter and occupy County ofHawai`i owned right-of-ways; and WHEREAS, the chief of police has no comments or objections to said communications service providers entry and occupation County of Hawaii owned right-of-ways pursuant to Chapter 206N, Hawai`i Revised Statutes as evidence by Exhibit A attached hereto and by reference made a part hereof; and WHEREAS, pursuant to Sections 2-111 and 2-119, Hawai`i County Code, the Council may by resolution, direct the director of public works to issue such licenses and permits to said communications service providers; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Sections 2-111 and 2-119, Hawai`i County Code, the director of the Department of Public Works of the County of Hawai`i is authorized to issue licenses and permits and any related documents with communications service providers pursuant to Chapter 206N, Hawaii Revised Statutes, allowing entry and occupation of County of Hawai`i owned public right-of-ways for the purpose of allowing small wireless facility attachments to County of Hawaii owned utility poles. 2 BE IT FINALLY RESOLVED that the County Clerk of the County of Hawai`i shall transmit copies of this resolution to the Office of the Mayor, the Department of Public Works, and the Office of the Corporation Counsel. Dated at Hawai`i, this day of 20 . 3 DUCED ... 3 or401, r i • - .94441b4_ t'i p f , CO I'`. TY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawaii CHUNG DAVID I hereby certify that the foregoing RESOLUTION was by EOFF the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDERCountyofHawai`i on KIERKIEWICZ LEE LOY ATTEST: POINDEXTER RICHARDS VILLEGAS Reference: C-932/PWMIC COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 631 2 0 3 V•"..ti David Yamamoto,P.E. Har Kim r • mor n,x Director Allan G.Simeon,P.E. Roy Takemoto Depury Director Managing Director taut-4 i3 atnui' i DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street.Suite 7•Hilo.Hawaii 96720-4224 808)961-8321 •Fax(808)961-8630 public_worits@hawaiicounty.gov MEMORANDUM To: Chief Paul Ferreira From: David Yamamoto, Director Date: May 5, 2020 Subject: Request for Comment Resolution for Small Wireless Facilities Pursuant to HCC 2-119(b), we are forwarding the attached Resolution for your review and comment. Please provide response by Friday, May 8,2020. If we do not receive a response by this date, we will assume you have no comments or objections. Should you have any questions, please feel free to contact me at (808) 961-8324. X) We have no objections. X) We have no comments. Comments are attached. Signed: ora.- 141004; Print Name: Chief Paul K. Ferreira Date: MAY -7 2020 EXHIBIT A County of Hawai'i is an Equal Opportunity Provider and Employer.