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Home My WebLink AboutCOM 0210.005 2000-2002 r ~qJ"~~k J. CURTiS TYLER, iii 1`.•'~~', ~y6~~L Bus: (808) 327-3666 Tice C;huir :~I Fax: (808) 326-5697 Diatrici 8 /Ai~rth Konul ~ , ~ ctyler.c interpac.net •~qTE •g ~KF~/ IIAWAI`1 C'(.I-I<~;~TY COUNCIL May 18, 2001 TO: Corporation Counsel Lincoln Ashida _ r, ~ i FROM: J. Curtis Tyler, III ; Council Member ' ~ ' ~ t RE: Resolution No. 81-O1 Closure of Lihiwai Street The County Council will be considering the attached Resolution No. 81-01, which requests the Director of Parks and Recreation to open Lihiwai Street in Lili`uokalani Gardens to vehicular access during specified times and days. This is to request an opinion on the following questions: 1. Does the adoption of Resolution No. 81-01 violate the Settlement Agreement and Release and Order filed in Alexa Russell and John Hartman, et al. vs. County of Hawaii, USDA Civil No. 97-01102SPK, the County's Self-Evaluation and Transition Plan adopted by Resolution No. 96-99, or any federal disability laws? 2. Section 264-1(d), I-Iawaii Revised Statutes, says that all county public highways and trails once established shall continue until vacated, closed, abandoned, or discontinued by a resolution of the legislative body of the county wherein the county highway or trail lies. In the case of Lihiwai Street, there is a difference of opinion on the official status of Lihiwai Street as an internal driveway or a `public highway'. Does the County Council or the Department of Parks and Recreation have jurisdiction over Lihiwai Street? Thank you in advance for your expeditious reply before the Council's meeting on June 6, 2001. Att. cc: Assistant Corporation Counsel Gerald Takase » Na I ~ ' . Deputy Corporation Counsel Joe Kamelamela file No.. Council Chair James Arakaki Council Member Dominic Yagong ~ ~0~ Kona CouncilUftice:77-6 +99NalaniStrcet • quite IUa • Kailua-Kona • Hawaii • 96740-8980 COUl®T` O~ ~-IA~~I~~ s'T'~'I`~ O~ ~-I~?.WAI~I RESOLUTION NO. ~ RESOLUTION REQUESTING THE DIRECTOR OF PARKS & RECREATION TO OPEN LIHIWAI STREET IN L1LI`UOKALANI GARDENS TO VEHICULAR ACCESS ON SPECIFIED DAYS FOR A TRIAL PERIOD OF THREE (3) MONTHS. WHEREAS, the Hawaii County Council has held meetings of the Committee on Parks and Environmental Management on March 20, 2001 and April 3, 2001, for public input on the reopening of Lihiwai Street within Lili`uokalani Gardens; and WHEREAS, public input seems evenly divided on whether Lihiwai Street should be opened or closed to vehicular traffic; and WHEREAS, the Hawaii County Council desires to allow vehicular access to Lihiwai Street on specified days for a trial period of three (3}months; and WHEREAS, the Hawaii County Council proposes that gates be placed at both ends, one at the beginning of Lihiwai Street by the Coconut Island Driveway, and the other at the corner of Lihiwai Street and the Isles parking lot. NOW, THEREFORE, BE IT RESOLVED TiY THE COUNCIL OF THE COUNTY OF HAWAII that it requests the Director of Parks and Recreation to install gates at locations stated herein. Upon completion of installation of gates, the trial period shall go into effect for three (3}months as follows: Gates shall be opened to vehicular traffic at 6:30 a.m. and closed at 10:00 p.m., Monday through Friday. The gates shall be closed to vehicular traffic from ] 0:00 p.m. Friday and wilt remain closed Saturday and Sunday, and will reopen at 6:30 a.m. Monday morning. Gates shall also be closed on all County holidays that fall within the three month trial period. BE IT FURTHER RESOLVED that the Hawaii County Council will evaluate the three month trial period and then make a permanent recommendation to the Administration regarding Lihiwai Street. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii transmit copies of this resolution to the Department of Parks & Recreation and the Honorable Mayor Harry l~im. DATED: Hilo, Hawaii, INTR DUCED BY: CMM~-- ~ COON L MEMBER, C HAWAII COUNTY COUNCIL ROLL CALL VOTE County of I-iawai`i AYES NOES ABS EX H110, Hawaii ARAKAKI CHUNG 1 hereby certify that the foregoing RESOLUTION was by ELARIONOFF The vote indicated to the right hereof adopted by the COUNCIL of the ]ACOBSON County of Hawai' i on LEITHEAD-TODD PISICCHlO ATTEST: SAFARIK TYLER YAGONG Reference: C-210/P&EMC COUNTY CLERK CHAIRMAN 8c PRESIDING OFFICER RESOLUTION NO.____ .