HomeMy WebLinkAboutCOM 0641.002 2002-2004 Lincoln S.T. Ashida
. Corporation Counsel
Harry Kim ,
Mayor
Gerald Takase
Assistant Corporation
r'ti'd:'M~" ~ Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 (808) 961-8251 • Fax (806) 961-8622
May 19, 2004
Diana L. Van De Car, Esq.
Attorney at Law
Hilo Lagoon Centre, Suite 238
101 Aupuni Street
Hilo, HI 96720
~
Dear Ms. Van De Car: On ~
c
RE: Puna Emergency Access Road ~ '
Our Entry No.: WRK 03-5395
Thank you for your letter of April 30, 2004, notifying the County of Hawal'i
that the Ainaloa Community Association Board of Directors will "likely" close#Ete
gate across Ainaloa Boulevard on June 1, 2004. I appreciate you promptly =
notitying the County of this potential action by your client.
In reading the Hawaii Tribune-Herald article of May 13, 2004, concerning
the Puna Emergency Access Road, your client, Philip Brazier, is quoted as
saying the Association will lock the gate on June 1 to "motivate county officials to
resume negotiations over the road's future."
As your clients mayor may not know, Councilman Bob Jacobson has
introduced a resolution to acquire the Hawaiian Acres portion of the road. This
resolution has been deferred until June 1, 2004, when a companion or
comprehensive resolution will be heard to acquire the Ainaloa portion of the road
as well. Councilman Gary Safarik, the proponent of this resolution, is in
agreement with Mr. Jacobson that the County should acquire the entire roadway.
Further, the County administration likewise believes it is appropriate for
the County to acquire ownership of this road. In fact, the County has identified a
substantial amount of money which may be used for improvements to this road.
County action regarding this roadway was delayed at the request of our
administration, so that your clients could communicate clearly to the County what
the majority or consensus of residents in Ainaloa wanted with respect to this
road. The County had received "mixed messages" from your clients regarding
what the people of Ainaloa wanted. After you were retained by the Association,
Hawaii County is an Equal Opportunity Employer and Providi~iomm. No. 2-
Ref. To:orese G
Ref. UaPe
Diana L. Van De Car, Esq.
May 19, 2004
Page 2
and after a private study was completed, we met on April 21, 2004. Thanks in
large part to your skills and effort, your clients represented they had taken this
issue properly before their membership, and they officially decided to turn
ownership over the County, subject to negotiating a mutually acceptable repair
and maintenance schedule for the road.
The County has concerns about your clients unilaterally closing the gate
on June 1St, and blocking through access on this road. In addition to public
health and safety concerns (an open road will ensure emergency vehicles will
have unfettered access to both the mauka and makai sides of the community),
closing the gate at this time may add to the existing conflict concerning the future
of this road. As you know, this is an emotional issue for many residents of the
area, as well as users of the road. Based on the information recently provided
us, the County is taking very affirmative steps to accomplish what your clients
have told us they want--County ownership of the road. The bottom line is a rash, ~
premature move to close this gate at this critical time may undermine our
collective effort to achieve what the majority of all involved seek--County
ownership of the road.
I ask your clients reconsider this matter. We are moving forvvard as fast
as our laws allow us. For the sake of working together towards an amicable
solution, I respectfully ask we do nothing to aggravate this sensitive present
status quo. Please work with us to keep this road open in the interim time, while
we move forward to County ownership.
Please contact me at your earliest convenience after you have discussed
this matter with your clients. My direct telephone number is 961-8304, extension
26. My email address is Lashida(ilco.hawaii.hi.us. Thank you and your clients
for considering our request.
Very
truly yours,
V+ V`~
LINCOLN S. T. ASHIDA
Corporation Counsel
cc: ~lonorable Harry Kim, Mayor
? Honorable Gary Safarik, Councilman
Honorable Bob Jacobson, Councilman
Bruce McClure, Public Works Director
Gerald A. Takase, Assistant Corporation Counsel
Diane A. Noda, Deputy Corporation Counsel
S: DeparUnents/Public Works/LSA Misc. Cortesp.ILetter to D. Van De Car re PEAR 519-04/LSAmr