HomeMy WebLinkAboutREP PWIRC 043 04/06/2004 2002-2004REPORT OF THE
COMMITTEE ON PUBLIC WORKS &
INTERGOVERNMENTAL RELATIONS
DATE: Apri16, 2004
PLACE: Councilroom
TIME: 10:26 a.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
RE: Communication No. 520/Resolution No. 161-04
Your Committee on Public Works and Intergovernmental Relations, to which were referred
Conunmiication No. 520.1 and attached Resolution No. 161-04 (Draft 2), reports as follows:
Communication No. 520 and attached Resolution No. 161-04 from Council Member Bob Jacobson, dated
February 19, 2004, was first considered by Your Committee on March 4, 2004, and amended and deferred
by the Committee for further review. During that meeting, Your Committee amended the title of
Resolution No. 161-04 as follows:
A RESOLUTION ACKNOWLEDGING AND RECOGNIZING THE SECOND SATURDAY OF
OCTOBER AS "(Is-II9`~br~-I--NA) LA HO`ALA ALA HF.LE" DAY ("TRAIL
REVITALIZATION" DAY).
The following "WHEREASES" were deleted from the body of Resolution No. 161-04 (Draft I ):
yln . ~lxIC1 L`DC ~ c .J..-: «.. .1.. I <~ ,.e«t.... l1~..1. -.1^. y ^I:. .1 ..1....^a •1,^. ,.I.J «.,.....«,!
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Changes were made to the following "WHEREASES," as follows:
1" :WHEREAS, prior to 1778, the native Hawaiian people lived in a highly organized, self
sufficient, social system based on subsistence agriculture and communal land tenure with a (seplrisEieoEed)
language (^••"••-°, ^°a -°I+U•.a:.) known for its simple, melodious expressions and an environmentally
conscience culture that was reflected in reli ig ous practices;
5'~' :WHEREAS, on or about 1785, (the) (Marnela-Hee) Mamala-hoe (haw) Kanawai ("l.aw of
the Splintered Paddle") was adopted by (14it+g) Kamehameha 1, which assured the safety and protection of
all individuals using the trails and continues as a vital part of our constitution; and
8°i :WHEREAS, on October 15, 1892, the Kingdom of Hawaii passed the Highways Act of
1892 ( )acknowledging the people's perpetual right to use the trails for commerce
and public enjoyment; and
9`n :WHEREAS, although Queen (~+) Lili`uokalani yielded her power to the United
States in 1893 after the passage of the Highways Act of 1892 (Section 264-1(b), Hawaii Revised Statutes)
said Act remains the "Law of the Land" today; and
10'x' :WHEREAS, in 1988, Chapter 198D, Hawaii Revised Statutes, was adopted to establish a
statewide trail and access program known as Na Ala Hele, (e.h::,:; i :; l„d ; ~,",;, ,.;:~ ~°"°~~°' «-°:~~T-°~~ "•
the-Sea); and
11'~ :WHEREAS, in 1979, E Mau Na Ala Hele, anon-profit, community advocacy group, was
established to (^-° °^•°'"° "°~••°~~°^)recognize and protect the public trail systems and is actively
involved with the maintenance and perpetuation of the Ala Kahakai trail; and
13°i :WHEREAS, ( )all people of the State of
Hawaii (te-N~is~ay) have the right to use these public trails for access, enjoyment, recreation, and
commerce, (gatHeringeses), in accordance with (these anc~-eNaer) state and county laws.
The "NOW, THEREFORE, BE IT RESOLVED" was changed as follows:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII that it acknowledges and recognizes the second Saturday of October as the day to
commemorate the Highways Act of 1892, and that it designates this day as "(E-kFeeon-F~}a) La Ho`ala
Ala Hele" Dav.
The following "WHEREAS" were added to the body of Resolution No. 161-04 (Draft 2):
6`~ : WHEREAS, in 1978 in Article XIIIh Section 10 of the State Constitution, the law of the
splintered Waddle, Mamala-hoe Kanawai, decreed by Kamehameha I and the people -Let every elderly
person, woman and child lie by the roadside in safety-shall be a unique and living symbol of the State's
concern for public safe , ;and
The following BE IT FINALLY RESOLVED has been added to the body of Resolution No. 161-04
(Draft 2):
BE IT FINALLY RESOLVED that the Countv Clerk transmit conies of this resolution to the
Honorable Mayor Harry Kim; U.S. Senator Daniel Inouye; U.S. Senator Daniel Akaka; U.S.
Representative Neil Abercrombie; U.S. Representative Ed Case; Governor Linda Lingle Betsy Morigan
E Mau Na Ala Hele President; Dain P. Kane, HSAC President; and Peter Youne,
The following were on today's Agenda:
Communication No. 520 and attached Resolution 161-04 and Communication No. 520.1 and
attached Resolution No. 161-04 (Draft 2) from Council Member Bob Jacobson, dated March 24, 2004,
proposing to acknowledge and recognize the second Saturday of October as "La Ho`ala Ala Hele"
("Trail Revitalization") Day and contains the above-mentioned amendments. At today's meeting, Your
Committee amended Resolution No. 161-04 (Draft 2) to correct typographical errors as follows:
The first "WHEREAS" was changed as follows:
WHEREAS, prior to 1778, the native Hawaiian people lived in a highly organized, self
sufficient, social system based on subsistence agriculture and communal land tenure with a language
known for its simple, melodious expressions and an environmentally [esnssieeee] conscious culture that
was reflected in religious practices;
The "NOW, THEREFORE, BE IT RESOLVED" was changed as follows:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HA WAI`1 that it acknowledges and recognizes the second Saturday of October as the day to
commemorate the Highways Act of 1892, and that it designates this day as "(£~Ne`e1~1-Ale) La Ho`ala
Ala Hele" Day.
The BE IT FINALLY RESOLVED was changed as follows:
BE IT FINALLY RESOLVED that the County Clerk transmit copies of this resolution to the
Honorable Mayor Harry Kim; the Honorable Daniel Inouye, U.S. Senator; the Honorable Daniel Akaka,
U.S. Senator; the Honorable Neil Abercrombie, U.S. Representative; the Honorable Ed Case, U.S.
Representative; the Honorable Governor Linda Lingle; the Honorable Dain P. Kane, HSAC President;
Betsy [Merigerr]Morriean, EMau Ne Ala Hele and Peter Young, DLNR.
Your Committee is in accord with the purpose and intent of Resolution 161-04, as amended to Draft 3,
and recommends its adoption.
AYES NOES A&E EX
ARAKAKI X
CHUNG X
ELARIONOFF X
HOLSCHUH X
JACOBSON X
REYNOLDS X
SAFARIK X
TULANG X
TYLER X
Respectfully submitted,
COMMITTEE ON PUBLIC WORKS &
PWIRC REPORT NO. 43
ADOPTED: APR 2 1 2004