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Home My WebLink AboutCOM 0696.000 2002-2004 YY OF N GARYSAFARIK ' comMrrTSSs CovnciGnenvber ~ Public Works & Intergovernmental Relations District 4'' Panu Nlalwi ~ C'huir Phone: (808) 961-8267 ea:. Housing Agency Fax: (808) 961-891? ~~rE uF N?'~~~ ~ ('Muir gsafarik trinterpac.net Coantp ufHawar'i~{ I Finance Hanvi'i Cuunty~ Building 1 "icc-Chair 25 Aupuni S[rc ct Hilo. Hairai'i J6730 July 14, 2004 MEMORANDUM TO: James Y. Arakaki, Chair Hawaii County Council FROM: ~~iary Safarik, Chair t'Public Works and Intergovernmental Relations Committee RE: Resolution Accepting the Donation of a Roadway Lot known as Ainaloa Boulevard from the Ainaloa Community Association, Inc. Enclosed for your favorable consideration is a proposed Resolution Accepting the Donation of a Roadway Lot known as Ainaloa Boulevard from the Ainaloa Community Association, Inc. This Resolution replaces Resolution 217-02, for the donation of Ainaloa Boulevard to the County, which was filed at the Public Works and Intergovernmental Relations Committee meeting on June 1, 2004. l~',rs . a 14 r `1 Comm. No. Ref. To: 2ef. L'are l[nnzii'i (boob' is nn licpml Oppurtuni7r Provider and linq~lo~•rr JMty^ur M~ Lincoln S.T. Ashida Harry Kim Li~ti Corporation Counsel Mayor Gerald Takase Assistant Corporation l"• Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-0262 (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: RE: Puna Emergency Access Road Our Entry No.: WRK 03-5395 Thank you for your letter of April 30, 2004, notifying the County of Hawaii that the Ainaloa Community Association Board of Directors will "likely" close the gate across Ainaloa Boulevard on June 1, 2004. I appreciate you promptly notifying 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 wilt lock the gate on June 1 to "motivate county officials to resume negotiations over the road's future." As your clients may or 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 Provider 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 1S`, 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 forward 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(a)co.hawaii.hi.us. Thank you and your clients for considering our request. Very truly yours, V, yr ~ 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: Departments/Public Works/LSA Misc. Corresp./Letter to D. Van De Car re PEAR 5-19-04/LSAmr _ KONA COUNCIL 4/16/04 1/{ / S I S A BRIEF HISTORY OF THE AINALOA BOULEVARD DEDICATION. ABOUT 1995 DIRECTORS OF THE ASSOCIATION BEGAN NEGOTIATIONS WITH COUNTY OFFICIALS REGARDING THE BOULEVARD. 1. WHETHER THE ROAD WOULD REMAIN IN PRIVATE OWNERSHIP WITH ACCESS RIGHTS TO EMERGENCY VEHICLES, IN THIS CASE THE ASSOCIATION WOULD HAVE FULL CONTROL & RESPONSIBILITY OF THE ROAD. 2. OR THE ROAD COULD BE DEDICATED TO THE COUNTY, WHICH IN THIS CASE, THE COUNTY WOULD ASSUME LIABILITY & MAINTENANCE. ACCESS FROM LOWER TO UPPER PUNA WAS CURRENTLY UNDER REVIEW BY THE COUNTY & THE FEASIBLITY OF AQUIRING PROPERTY AT THE MAUKA END OF THE BOULEVARD FROM HAWAIIAN ACRES. THE BOULEVARD WAS IN EXISTANCE AS A PRIVATE ROAD FOR ABOUT 27 YEARS PRIOR TO THE DELIBERATIONS. IT WAS THE WISH OF THE BOARD OF DIRECTORS & MEMBERSHIP TO DEDICATE THE ROAD TO THE COUNTY, WHICH WAS ACTED UPON BY THE COUNTY COUNCIL WITH RESOLUTION 49-97 WHICH PASSED UNANIMOUSLY ON THE FIRST READING. AFTER THE COUNTY HAD ADOPTED RESOLUTION 49-97,1T WAS DISCOVERED THAT THERE WAS A DISCREPANCY IN THE TMK SO THE RESOLUTION WAS READ AGAIN AT THE MARCH 19, 1997 COUNCIL MEETING AND FILED WITH THE UNDERSTANDING THAT IT WOULD BE CORRECTED WITH THE CORRECT TMK MANY MEETINGS, DISCUSSIONS & DELIBERATIONS HAVE OCCURRED OVER THE PAST 7 YEARS. REMEMBERING OF COURSE, THERE WAS A CHANGE IN THE COUNTY ADMINISTRATION, ALSO A CHANGE IN BOARDS OF DIRECTORS. ALL OF WHICH TENDED TO SLOW THE PROGRESS OF THE ROAD DEDICATION. I AM HERE TODAY REPRESENTING AINALOA BOARD OF DIRECTORS 8c MEMBERS, REGARDING RESOLUTION 194-04 S & J ALSO RESOLUTION 217-02 S ACCEPTANCE OF AINALOA BOULEVARD DEDICATION. I URGE YOU TO ACCEPT RESOLUTION 217-02 S WHICH IS PART OF 194-04 S & J. SO, ONCE AGAIN, I ASK YOU, PLEASE CAREFULLY CONSIDER THE DEDICATION OF AINALOA BOULEVARD TO THE COUNTY. (Submitted by Philip Brazier) Comm. No. ~y I' Rof. Ta e!~~+ea Ref. Uate o~M~r os N~4 GARY SAFARIK ~ COMMI'T'TEES 6ik, Cuuncilniember Public Works & Intergovermnental Relations Dislric/ V Yt~nu N/ukai Chair Phone: (808) 961-8267 er;~~. Housing Agency Fax: (808) 961-8912 ~i~ oi'M~'~ C'huir gsafarik r~i interpac.net Coun[p of Hawai `i Finance Hawai `i CovnN I3u!ldrn~ 6'ice-Chair 25 Aupvni .Street Hilo, Hatirai'i J6720 July 14,2004 Re: Comm. 696/Res. 214-04 James Y. Arakaki, Chair Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 RE: Request to Waive Resolution Accepting the Donation of a Roadway Lot known as Ainaloa Boulevard from the Ainaloa Community Association, Inc. Pursuant to Section 1(g) of Rule 4 of the Procedure of the Council of the County of Hawaii, [request your support for waiver of this matter from my Committee on Public Works and Intergovernmental Relations for consideration and approval by the full Council at its next scheduled meeting on July 23, 2004. Enclosed is a letter dated May 19, 2004, from Lincoln Ashida, Corporation Counsel, to Diana Van De Car, Counsel for the Ainaloa Community Association, Inc., regarding the County "moving forward as fast as our laws allow us" concerning the acquisition of Ainaloa Boulevard. Also enclosed is a letter dated April 16, 2004, from Philip Brazier, Ainaloa Board of Directors, requesting a Resolution for donation of Ainaloa Boulevard to the County. Action requested: Resolution Accepting the Donation of a Roadway Lot known as Ainaloa Boulevard from the Ainaloa Community Association, Inc. Action to approve the Resolution Accepting the Donation of a Roadway Lot known as Ainaloa Boulevard from the Ainaloa Community Association, Inc. is advisable as timely approval is crucial. It is therefore advantageous that approval is granted for these matters to be placed onto the next Council agenda for review. However, in the event this request is denied, for whatever reason, I understand the matter shall be referred to the Committee on Public Works and In governmental Relations for placement on its future agenda. G. SincereCy` Gary Safarik, air Committee on Public orks and ntergovernmental Relations Approv ate Waive cil~ Disapproved/Date/Waive to Council: Jam ka ' pair ~ James Y. Arakaki, Chair Ha ai'i unty Council Hawaii County Council Attachments l(u mni'i (}ntn/r Lc mr 6geu1 Uppiu'liudlr !'ruri,(er' ~nul 6rn/~(n rer