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WHEREAS, the Office of the County Clerk set a public hearing to be held on November <br />18, 2014, at 6:00 p.m. at the West Hawaii Civic Center in Kailua-Kona, Hawaii; and <br />WHEREAS, in accordance with the requirements of public notice set forth in section 12- <br />10, Hawaii County Code, the Office of the County Clerk undertook the following steps to notify <br />owners of properties subject to assessment as contemplated in Resolution No. 519-14 of the date, <br />time and place of the public hearing: <br />(1) Mailed copies of the Notice of Public Hearing (available for public inspection at the <br />Office of the County Clerk) by certified mail to each of the 145 owners of assessment <br />units within TMKs 7-5-003:022, 025, 026; TMKs 7-5-004:036, 047, 048, 049; and <br />TMKs 7-5-022:053, 056, 059, 060, 062, 063, 064, 069, 071, 076, 078 to 127, 129 to <br />171 on October 31, 2014; <br />(2) Published the Notice of Public Hearing in two newspapers of general circulation <br />within the County (West Hawaii Today and Hawaii Tribune Herald) twice a week <br />for two successive weeks (on October 28, October 31, November 3 and November 6, <br />2014), with respect to which notarized affidavits of publication have been received <br />from such newspapers; and <br />(3) Posted the Notice of Public Hearing on November 7, 2014, at the West Hawaii Civic <br />Center in Kailua-Kona, Hawaii, and the Hawaii County Building in Hilo, Hawaii; <br />and <br />WHEREAS, pursuant to the requirements of section 12-10(e), Hawaii County Code, the <br />Notice of Public Hearing explicitly advised all owners of assessment units within the <br />Improvement District that "a protest against making all or part of the proposed improvements or <br />against the methods by which such assessments are to be made, or the inclusion of certain costs <br />therein must be submitted in writing to be considered by the Council," and further directed that <br />such written protests or objections were required to be mailed to the County Clerk and <br />postmarked on or before November 18, 2014, or submitted in person prior to adjournment of the <br />public hearing; and <br />WHEREAS, approximately 35 residents of the Subdivision attended the public hearing; <br />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 proposed Improvement District, the <br />following County departmental personnel and consultants were present at the public hearing: BJ <br />Leithead Todd, Director, Department of Environmental Management; Michael Okumoto, <br />Treasurer, Department of Finance; and Roy Takemoto, consultant and Managing Director, PBR <br />Hawaii & Associates, Inc.; and <br />