HomeMy WebLinkAboutCOM 0436.002 2000-2002 s~t~ ~
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101 Aupuni Stree€, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (808) q61-~6~2'
January 23, 2002
Aaron S. Y. Chung, Chairman
Committee on Finance
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Chung:
Re: Request for an Ominion Relating to Communication No 436 .Bill No 1451
Communication No. 437 (Bill No. 146~,and Communication No 438 (Bill
No. 1471(Russell v. County of Hawaii Civ. No. 97-01102SPK)
In a letter dated January 14, 2002, you inquired as to whether the approval of the
above-referenced Bills concerning three park projects, Ho`okena Beach Park, Miloli`i
Beach Park and Waimea Senior Center, would violate the Settlement Agreement, Release
and Order in Civil No.. 97-01102SPK filed June 4, 1998 ("Consent Decree"). Upon our
review of the Consent Decree, Resolution 95-99 (Self-Evaluation and Transition Plan for
Programs of the County of Hawaii, Department of Parks and Recreation dated June 23,
1999) and Resolution No. 261-00 (Draft 2)(Adopting the Island of Hawaii Self-
Evaluation and Transition Plan on June 2, 2000), we believe that the construction of these
three projects would not violate either the Consent Decree or the Transition Plan for the
reasons stated below.
We understand that the three projects were already approved prior to the
enactments of Resolution Nos. 95-99 and 261-00. See Ordinance No. 99-16 (Waimea
Senior Center Renovations, effective date: February 10, 1999); Ordinance No. 99-31
(Miloli`i Beach Park Restroom Improvements, effective date: February 28, 1999); and
C~ar~~, I~,~ •
F°rt~ IlTcr,
Ref. ~o:
Aaron S. Y. Chung, Chairman
January 23, 2002
Page 2
Ordinance No. 99-34 (Ho`okena Beach Park Improvement, effective date: February 28,
1999).
Neither the Consent Decree nor Transition Plan prohibit the County of Hawaii
from implementing pending improvement projects that the County Council had already
approved.
However, it should be noted that the Ho`okena Beach Park Improvement is part of
priority 1 of the Transition Plan.
These projects would improve the facilities owned by the County of Hawaii which
would have the additional benefits of providing access to individuals with disabilities.
The Ho`okena project includes the upgrading of camping, picnicking, and parking
facilities, infrastructure, and the renovation of the former restroom building. This
upgrading and renovation project would also improve access to individuals with
disabilities.
The Miloli`i project is primarily an upgrade of the wastewater disposal system.
Similarly, the project will also improve access to individuals with disabilities.
The Waimea Senior Center project will bring the facility up to current building
code and health regulations. This project will also improve accessibility to individuals
with disabilities.
Implementation of these projects is not intended to, and should not, revise the
priority listing established in the current Transition Plan.
Should you have any questions or other concerns, please call me.
Sincerely,
Joseph K. Ka~I~ieTa
Deputy Corporation Counsel
JKK: ch
cc: All Finance Committee Members
Patricia Engelhard, Director of Parks and Recreation
S:LIT1Russelllltr aaron Chung 1-23 JKKch.wpd