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HomeMy WebLinkAboutRES 2017-72 PUBLIC NOTICE (input sheet) RF-r - 1y)- , 18 JAN 11 = 6 PUBLIC NOTICE ` ION NO. 2017-72 Ty- �^ . l OLUTION AUTHORIZING THE NIGHTTIME CLOSURE OF MIHI ROAD `'' TO VEHICULAR TRAFFIC AND GRANTING PARTIAL RESPONSIBILITY FOR THE ENFORCEMENT THEREOF TO THE SEACLIFF PLANTATION COMMUNITY ASSOCIATION, KILAUEA BAY, HANALEI DISTRICT, COUNTY OF KAUA`I WHEREAS, Mihi Road (also known as the Japanese Cemetery Road) in the Hanalei District of the County of Kaua`i has unfortunately become an area of drug dealing, vandalism, and property theft, especially at night; and WHEREAS, the Japanese Cemetery Association, the Kilauea Neighborhood Association, and the Seacliff Plantation Community Association have approached County officials requesting that Mihi Road be closed to vehicular traffic during the nighttime hours to help alleviate these problems; and WHEREAS, the Seacliff Plantation Community Association has committed to installing a galvanized steel gate across Mihi Road at its intersection with Kilauea Road and be responsible for keeping the gate open during daylight hours and locking the gate in the evening, all at no cost to the County of Kauai; and WHEREAS, Hawai`i Revised Statutes (HRS) Section 46-1.5(19)(D) grants the counties the authority to open or close county highways; and WHEREAS, Chapter 18, Article 1, Section 18-1.3 of the Kauai County Code, as amended, provides that"the Council shall impose any restriction deemed desirable by resolution" and that "no penalty shall be imposed until the resolution has been published once in a newspaper of general circulation in the County, and where only specified roads, streets or highways are restricted, appropriate signs noting the restriction are posted"; and WHEREAS, pursuant to HRS Section 264-1(e), all county public highways and trials once established shall continue until vacated, closed, abandoned, or discontinued by a resolution of the legislative body of the county wherein the county highway lies; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII THAT: SECTION 1. Mihi Road from its intersection with Kilauea Road to the end of Mihi Road at the Japanese Cemetery (as shown on the map attached hereto as Exhibit "A" and incorporated herein) shall be closed to vehicular traffic during the nighttime hours. SECTION 2. The Seacliff Plantation Community Association is hereby authorized to erect a gate across Mihi Road at the point shown on Exhibit"A" and shall be responsible for opening said gate during daylight hours and closing said gate during the nighttime hours. The said Seacliff Plantation Community Association shall also provide the County Engineer or his representative with a copy of the key to the lock on said gate all at no cost to the County. SECTION 3. The County Engineer or his representative shall mark and post the appropriate signs to provide notice to the public of the terms of this Resolution. SECTION 4. Notwithstanding the foregoing, the general public shall not be denied access to Mihi Road. Any gate constructed shall be done so in a manner which permits free and unencumbered pedestrian and non-motorized vehicular access to the road at all times. SECTION 5. Notwithstanding the foregoing, emergency services shall not be denied access to Mihi Road at all times. SECTION 6. Notwithstanding the foregoing, utility companies and wireless communications providers with equipment on Mihi Road or at the Japanese Cemetery shall not be denied access to Mihi Road at all times. SECTION 7. Prior to the erection of any gate, the said Seacliff Plantation Community Association shall provide the County with a properly executed document acknowledging the terms and provisions of this Resolution and agreeing to indemnify, hold harmless, and defend the County and its officers, employees, agents, and representatives from all suits, actions, claims, damages, and judgements of any character that may be brought against the County by whomsoever, on account of any injuries or damages sustained by any person and property, due to the installation and operation of the galvanized steel gate across Mihi Road at the intersection of Kilauea Road. SECTION 8. Any person convicted of any violation of the Traffic Code provisions relating to the nighttime vehicular traffic closure of Mihi Road shall be subject to the penalties provided for in Chapter 16, Article 21, Section 16-21.6 of the Kaua`i County Code 1987, as amended. SECTION 9. This Resolution shall take effect upon its approval, the posting of appropriate signs and/or markings, and the publication of this Resolution once in The Garden Island, a newspaper of general circulation in the County. Introduced by: /s /ROSS KAGAWA (By Request) TMK: 5-2-004:078 (Makapili Estates) aUea Rona TM K: 5-2-004:040 (County of Kaua'i) Roar Proposed Gate Location Across Mihi Road TMK: 5-2-004:080 TMK: 5-2-004:049 (Kilauea Japanese (Moans Ikena Condominium) z z Association Inc) Exhibit "A" I CERTIFICATE OF THE COUNTY CLERK I hereby certify that Resolution No. 2017-72 was adopted by the Council of the County of Kaua`i, State of Hawai`i, at its meeting held on December 20, 2017, by the following vote: FOR ADOPTION: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura TOTAL— 6, AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: Rapozo TOTAL — 1. Lihu`e, Hawai`i /s/ Scott K. Sato January 11, 2018 Deputy County Clerk, County of Kaua`i (One Publication — The Garden Island — January 19, 2018)