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(2) Mailed copies of the Notice of Public Hearing (in the form attached to this
<br /> resolution as "Exhibit A ") by certified and regular mail to each of the 81 owners of
<br /> assessment units within TMKs 7 -2- 008:1 -41 (excluding lot 39, which is not part of the
<br /> Subdivision) and TMKs7 -2- 09:1 -42 (excluding lot 41, which is the road lot) on May 26,
<br /> 2011 and May 31, 2011;
<br /> (3) Published the Notice of Public Hearing in two newspapers of general
<br /> circulation within the County (West Hawai`i Today and Hawai`i Tribune Herald) twice a
<br /> week for two successive weeks (on May 25, May 27, June 1 and June 3, 2011), as to
<br /> which notarized affidavits of publication have been duly filed and received from such
<br /> newspapers; and
<br /> (4) Posted the Notice of Public Hearing on June 2, 2011 at the West Hawai`i
<br /> Civic Center in Kailua -Kona, Hawai`i, and the Hawai`i County Building in Hilo,
<br /> Hawaii; and
<br /> WHEREAS, the Notice of Public Hearing stated, among other things, that Resolution
<br /> No. 74 -11, the Manager's Report (Communication No. 989 dated October 21, 2010), including
<br /> Exhibits "A" through "E" may be seen and inspected at: (1) the Office of the County Clerk, Hilo,
<br /> Hawai`i, (2) the West Hawai`i Civic Center, Building A, Kailua -Kona, Hawai`i, and (3) the
<br /> Office of the Mayor, West Hawai`i Civic Center, Kailua -Kona, Hawai`i; and
<br /> WHEREAS, pursuant to the requirements of Section 12- 10(e), Hawaii County Code
<br /> 1983 (2005 Edition, as amended), the Notice of Public Hearing explicitly advised all owners of
<br /> assessment units within the Improvement District that "a protest against making all or part of the
<br /> proposed improvements or against the methods by which such assessments are to be made, or the
<br /> inclusion of certain costs therein must be submitted in writing to be considered by the Council,"
<br /> and further directed that such written protests or objections were required to be mailed to the
<br /> County Clerk prior to the Public Hearing and postmarked on or before June 14, 2011 or
<br /> submitted in person prior to adjournment of the Public Hearing; and
<br /> WHEREAS, thirteen residents of the Subdivision attended the Public Hearing; and
<br /> WHEREAS, all persons in attendance at the Public Hearing were invited to offer verbal
<br /> testimony relating to the Improvement District and to submit written testimony to the Office of
<br /> the County Clerk for purposes of recordation and further consideration by the County Council;
<br /> and
<br /> WHEREAS, to answer any questions relating to the Improvement District proposed in
<br /> Resolution No. 74 -11, the following county departmental personnel and consultants were present
<br /> at the Public Hearing: Milton Pavao, Manager -Chief Engineer, Department of Water
<br /> Supply; Kanani Aton, Public Information and Education Specialist, Department of Water
<br /> Supply; Ryan Quitoriano, Project Engineer, Department of Water Supply; Michael Okumoto,
<br /> Treasurer, Department of Finance; Katherine A. Garson, Assistant Corporation Counsel, Office
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