COM 0710.037 2010-2012 - Laserfiche WebLink

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Members of the Hawaii County Council Page 3 July 12, 2012 also increase costs by the amount of community association dues that the County will have to pay. Since the properties cannot be resold, it will significantly diminish the fund. Bill 256 exposes the County to potential liability if the properties are not managed effectively between the time the homes are purchased and disposed as they could be an attractive nuisance. It might result in our needing to hire security,put up fencing etc. to protect the county from liability. Additionally, security might be needed to prevent the empty homes from turning into drug houses. While it might be possible to use the procurement code to try and see if people would bid on salvaging the properties or purchasing the homes to move them,if no such offers are received then the county would have to pay for such demolition. One additional cost would be the filling of the existing cesspools on the properties once the homes have been removed or demolished as the County would be liable if anyone were to fall into such an unfilled cesspool. If demolished,disposal of the materials if land-filled could result in payment of landfill fees and further reduce the life of the landfill. Bill 256 has legal and technical flaws The bill has no definition of habitable structure. Does this include unpermitted buildings? It fails to establish where the one mile radius is to be measured. Is it from the plant itself,the edge of the property or some other measure? There exists no studies or scientific evidence that a one mile buffer is necessary,thus creation of such a buffer is arbitrary. The bill is ambiguous as it retains the provision that the fund can be funded by proceeds from the sale of properties purchased under the program in Section 2-180,but deletes sale of the properties in Section 2-178. Conclusion It would be irresponsible for me to sign Bill 256,Draft 2,into law due to its legal and technical flaws and because it is unnecessary. I am,therefore, disapproving Bill 256, Draft 2. Aloha, William P. Kenoi MAYOR Enclosure County of Hawai'i is an Equal Opportunity Provider and Employer.