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HomeMy WebLinkAboutRES 065 Draft 01 2002-2004 A RESOI.U`I'ION UIIGING TIIE AYOII AND TIIE DEPAI~T;~3ENT OF PUI3I.,IC VVOI~I~S TO INITIATE `TIIE II~I~'IET~IA'I'E >REl9~I0~'AL OF TIIF GATE I.OCATF:D ON COUNTY ROADWAY i€~~Oi<~;I~TY, ~~'IIICI-I IS PAitT OlH TI-IE TUNA EI'~'IE~GE1@'C'Y ACCESS GOAD. WHEREAS, in May 2002, the Ainaloa Community Association, Inc. installed a metal gate across the Puna Emergency Access Road (PEAR); and WIIEREAS. the Pcpartment of Public Works subsequently discovered that this gate sits on public roadway property owned by the County of I-Iavvai`i, identi#ied as Tax Map Key 1-6- 45:073; and WIIEREAS, hIawai'i Revised Statutes, Chapter 264-1(d), mandates that "all county public highways and trails once establ'sshed shall continue until vacated, closed, abandoned or discontinued by a resolution of the legislative body of tl~e county wherein the county high~3~ay or trails lies;" and WHEREAS, to date, neither public forum nor Council action has taken place around this road closure. NOW, THEREFORE, I3F, IT RE~~LVED UY THE COUNCIL OF THE COUNTY OF HAWAII that. in accordance with the I'fawai_`i Revised Statutes and in the interest of the public, the Council urges the Mayor and the T~ePartment of Public of Works to initiate the immediate removal of the gate erected on County roadway property (TMK 1-6-45:073). which is part of the Puna Emergency Access Road (PEAR). by the Ainaloa Community Association. i3E IT FURTHER RESOI,VET) that the Council requests this action be completed no later than July 1, 2003. BE IT FINALLY RF;SOL,VF_.D that the Office of the County Clerk is hereby directed to forward copra of this resolution to Mr. truce McClure, Director of the Department of Public Vl~orks, the Ilonorable 1laiTy Kim, Mayor; Mr. Lincoln Ashida, Corporation Counsel, and the Board of Directors of thz Ainaloa Community Association, Inc. Dated at , 1lawai.'i, this ,day of , 2003. ~ ~ INTRODUCED I3Y: ~ -V Council >~ns C`ount ~ I Iawai`i Counc~ ber, County of i Iawai'i COUNTY COUNCIL ROLL CALL voTE County of Hawaii nvF~a N(.t:S nl3s E~.x I-Iilo, Ilawai`i ARAKA[Ct CIIUNG hereby certify that the tbregoing RhSOLI)"IION ~~as b~~ I~,LARIONOFI' Ehe vote indicted to the right hereof ado ted h the COIiNCII, of the County of Haw~ai'i on p ~ I IOI,SC~ HUH IACOSSON - _ Lf:IT~it~:AD-TODD I - I l ATTEST: REYNOLDS r ~ - SAE.~RIK IYLI;R Reference: C-224/PhT&IRC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO.