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Veterans Advisory Committee <br />Page 2 <br />October 17, 2013 <br /> <br /> <br />CALL TO ORDER <br /> <br /> <br />Chairperson David Carlson called the meeting to order at 3:15 pm. <br /> <br />STATEMENTS FROM THE PUBLIC <br /> <br />Speaker #1 – Curtis Tyler of Disabled American Veterans (DAV), Kona Chapter 7, <br />Retired Naval Officer and Former Council Member for District 8 <br />Veterans Cemetery III – Water Issue and Support of POW/MIA Memorial Garden <br />Mr. Curtis Tyler spoke on behalf of POW's MIA's, the West Hawai`i Veterans Cemetery <br />and the issue of water. He shared that he understood from several veterans and veteran’s <br />organizations as well as from the minutes that Mr. Lum reported about the National <br />Cemetery Administration’s approval of a well project for the West Hawai`i Veterans <br />Cemetery which will hopefully remedy the water problems. In 2002, 11 years ago, he <br />wore the hat to serve as a Councilmember from North Kona. On July 31, 2002, the <br />Hawai`i County Council held a meeting at the Hilo Council Office and on the second <br />page of the agenda under Order of Resolutions, Resolution No. 225-02 states it authorizes <br />the grant of easement for waterline and utility purposes at Pu`u Kala at Kaulana, District <br />of North Kona, Island County and State of Hawai`i to WB Kukio Resorts, LLC. <br />{WB Kukio Resorts, LLC requests a perpetual non-exclusive easement for waterline and <br />utility purposes across the "paper" homestead road (See Exhibit A) to operate its existing <br />waterline and utility system previously granted by the State of Hawai`i, Department of <br />Land and Natural Resources. The easement shall provide non-potable water service, free <br />of charge, to the County of Hawai`i’s, West Hawai`i Veterans Cemetery until that water <br />service is no longer needed.} He said that is the title of the agenda item. <br /> <br />th <br />Mr. Tyler stated that Resolution 225-02 in the 4 “Whereas clause” speaks to the State <br />Board of Land and Natural Resources requiring the WB Kukio Resorts, LLC provide <br />among other things non-potable irrigation water at no charge and potentially potable <br />water for which there would be a charge to the County of Hawai`i, West Hawai`i <br />Veterans Memorial Cemetery identified as TMK (3) 7-2-004:021, etc. <br /> <br />He shared that the next “Whereas” states that the easement requested will provide <br />irrigation to the County of Hawai`i, West Hawai`i Veterans Cemetery, and now, therefore <br />be it resolved that the County Council authorized the Director of Finance to grant a <br />perpetual non-exclusive easement for waterline and utility purposes to the Developer <br />WB Kukio Resorts, LLC with the conditions that the grantee WB Kukio Resorts, LLC <br />shall provide non-potable water free of charge until that water service is no longer <br />needed. Attached to that Resolution is a Grant of Easement subject to the following <br />terms and conditions and convenants. #12 reads - Special Conditions. The grantee is <br />required to provide non-potable irrigation water at no charge, and potentially potable <br />water for which there would be a charge, to the West Hawai`i Veterans Memorial <br />Cemetery identified as tax map key (3) 7-2-004:021 until that water service is no longer <br />needed. <br /> <br />The minutes of that meeting reflect that resolution passed unanimously (9-0) by the <br />Hawai`i County Council on that date and was adopted and is therefore in effect. He <br /> <br />