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<br /> <br /> Communication 997 <br /> Bill 235 <br /> Page 5 of 8 <br /> <br /> <br /> runs east/west; item number 9, the test period should also include that the director has the <br /> authority to suspend the test if there are operational concerns or problems; and that depending <br /> upon his staff's ability to deliver on the mitigation measures and follow proper procurement <br /> procedures, it may require longer than a year to complete all mitigation measures. In addition, <br /> the mitigations agreed to that could be done in six months, the staff now feels it may have been <br /> too ambitious of a commitment to make, and completion within 12 months may be pushing the <br /> limit. Mr. Sumada stated that if there was some flexibility with respect to some of the items, <br /> they could probably follow through with intent of the mitigation measures. <br /> <br /> Joint Committee Chair Hoffmann Pete clarified that some mitigation measures will take six <br /> months to complete and others may take twelve, but that it was clearly stated in the amendment <br /> that before the test is instituted, all mitigation measures must be completed. Mr. Sumada stated <br /> that because of the sunset provision, the Department would have to focus solely on having to <br /> deliver these requirements at the expense of other projects planned around the island. <br /> Traffic Division Chief Ron Theil's concern was in following NATCD requirements for safe <br /> projects, the fact that traffic mitigation measures are being included in the Code as law, there <br /> may exist a lack of understanding of the repercussions when a Department is required by law to <br /> do something that may be paramount to misconduct. Council Member Pilago stated he <br /> appreciated Mr. Theil's comments, however, the amendment does specifically state that all <br /> mitigation measures shall be done in accordance with appropriate engineering standards and <br /> specifications. <br /> <br /> Mr. Sumada the department had the time to look at its ability to deliver, with much of work to <br /> being done in-house and some contracted out. In agreeing to the list of things that are identified, <br /> there have also been items added on that increased the scope of what had to be done and the time <br /> frame to do it in. Therefore, although the original intent was to complete these items within two <br /> or three months or by summer, due to scheduling and the work involved to implement these <br /> measures, the Department recently determined a longer timeline is necessary. The Department's <br /> main concern however, is that the sunset clause locks the Department into completing these <br /> items within 12 months. <br /> <br /> Council Member Pilago stated that a sunset date must be included and if 12 months is <br /> inadequate, then the Department should advise the Council what timeline is appropriate. <br /> Mr Pilago stressed that there must be something that binds everyone's responsibility (the <br /> County's, the applicant's and the communities). If safety measures are not implemented, then <br /> Haleki`i Street does not open until the Bypass is complete. <br /> <br /> Mr. Jacobson's concern was that no matter what timeline we work from regarding mitigation <br /> measures, would the 36-month clock discussed at the last meeting would still be ticking that <br /> requires Hokulia to complete the remainder of the Bypass Road. Director Yuen confirmed that <br /> the 36-month clock is ticking. <br /> <br /> <br /> <br /> JC-PWIRC, PC, & FC Report No. 7 <br />