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Home My WebLink AboutCOM 0442.000 1998-2000 J. CURTIS TYLER, III w Bus: (808) 326-5684 Council Member Fax: (808) 326-5697 Diadici 8 (North Kona) ctyler@intetpec.net R~=~~m '99 SEP 7 Aft 9 38 COUNTY COUNCIL C^~ COUP dT ~ L-;- Hi;b':S1lI County ofHawai'i Kona Council Office 776399 Na[ani Si., Suite l04 Kailua-Kona, Hawaii 96740-8980 VIA FACSIMILE: 961-8912 August 31, 1999 MEMORANDUM: TO: Dominic Yagong, Chairman Committee on Public Works and Parks FROM: J. Curtis Tyler III Council Member (District 8) RE: Queen Liliuokalani Village Co ty Associatoon -Sewer Assessments and Pending Consolidation/Resubdivision Project I am enclosing a copy of the 8/30/99 letter I received from Matthew Jewell on behalf of the Queen Liliuokalani Village Community Association regarding the referenced subject. This matter has been in limbo for quite some time without satisfactory resolution for the residents of the village. In consideration of Mr. Jewell's request, I would like to meet with you next week to consider how your committee and the Council can address the concerns of the residents of Queen Liliuokalani Village. There are considerable files on these matters going back some years, and I will bring them to Hilo next week, so we may review them together. In the meantime, I wanted to provide you with an advance copy of this letter and ask you to set some time aside either next Wednesday or Thursday. Thank you for your consideration. I look forward to seeing you soon. cc: Matthew G. Jewell Comm. IVo. File No. pS u B Ref. To:,_ r W~P Ref. Date _~r 1 3 u& .)0 99 12:59 $burs :129 7528 aSHFuRU&IFRISTUN ftijjuul tlljl ASHFORD & WRISTON o nTTORNtiYS AT L:tW Pwl S. mai- Glom D.G CNnp' pcnmK4r11" CuylsrE Stu.' dens rum FrryNn DwId C. Falco .DF CDUHSa~ IATprie C.Y. w' FlatEnary T, Fy'w' Dlaw S. KWimWo' Mary BemK Y+onp' Pmp D. Snlmmiwio MaMS+G.Jwdl C16nw RQiOmp RDY VC OIaW' nitlselYt Gl09pn GaIW LKlsofg' - Xa1N ht Yanamim DWtlsAXNpu ~4IOFn X. O4m' CprtaiaN Cninp' Bmel Btlo Gd~ik: LYn s.loaaoop' Cahenre P.M#uni 9uDaI1MD. r1Yl 'A pMlle Wll~n, h' Frssit P. HopM wgna XLpe- SIYDey M.lavunun hulL Tnn:r . .4oY NaWuw~WU W.ia D. Dunes -au-tyya[pm J_ N Augus[ 30, 1999 cl: f- J. Curtis Tyler, III VIA FACS/PoflLE 336-3697 Council Member, County of Hawaii County Council and 1/. S. MA/1. 77-6399Nalani Street, Suice IA Kailua-Kona. Hawaii 96740 Re: Queen Liliuokalani Village Community Association -Sewer Assessments and Pendin,,~ Consolidation/Resubdivision Pro~ect Dear Mr. Tyler: As you know, this law tirm has been assisting the Queen Liliuokalani Village Community Association (the "Association") with its efforts to seek and obtain County approval for a consolidation and resubdivision of much of the common area within the Queen Liliuokalani Village Subdivision (rhe "Subdivision") in order to enlarge the sizes of virtually all of the lots in the Subdivision and create some additional new lots. The Buard of Directors of the Association has authorized and directed this firm to seek your assistance in having the Council formally address certain matters arising out of the Association's pending consolidation and resubdivision project. First, as you have become aware during recent months, the Association is very frustrated with the length of time and lack of progress in the County's review and processing of the application for consolidation and resubdivision. This application was originally submitted back in 1995. As a demonstra[ion and experimental housitls projec[ created under Sec[iun 46-IS of the Hawaii Revised Statutes (the "Statute'"), the Subdivision is a special creature of statute, not subject [o the traditional zoning, subdivision or other related ordinances of the County. Rather, a special ordinance was necessary [o create the Subdivision and, pursuant to the Statute, the County Office of Housing and Community Development was designated as [he County agency responsible for the review of all plans and specifications for the Subdivision. In order [o proceed with the consolidation and resubdivision project, we believe it will be necessary for the Council to amend the original ordinance creating the Subdivision. However, the Oilice of Housing and Community Development has failed so far to presen[ the proposed cotsolidation and resubdivision plan [o [he Council for considera[ion. Accordingly, your assistance is requested in investigating this matter further and assisting us in having [he consolidation and resubdivision application formally reviewed by the County Council, n0M01,UlU DFFlCE $IrEU ldmcs;: TPIepDpnF: IuRUA~XUHn OFFICE TulupDOne: AM1ailinD Adarass: Alii Pkx Suite lMO IBDBI 539-09W 1(uytini iDwa, Sure 2UB (808)929-r70G Post Ollice Bos 191 1090 NaMW SIreDI Ftl6imilp: 754722 NUekinl Hury. FEt>dmile: HDroWIU, HI 96810 Honolulu, M 96019 (BOB) 53J-x945 1(aRUD-KDm. H19fi7/0 fE0D1929-75zD u8: 1n: 98 iJ:uo $808 J.9 i528 .~SHFuRD&N'RISTUN Idjuu;: J. Curtis Tyler, Ill August 30, 1999 Page 2 The second issue has to do with recent sewer assessments imposed on the owners within the Subdivision by the Wastewater Division of the County Departmen[ of public Works. As you also know, the Subdivision is not served by any sewer system. Rather, as part of the original Subdivision design, a series of "gang cesspools" were created--i.e., a number of homes sharing a single cesspool. The County has easements for these "gang cesspools" and the lines leading from the various homes to them, and the Wastewater Division has, on occasion, maintained the cesspools when blockage or other problems arose. However, although the Subdivision has been in existence for well over 30 years, no sewer charges had ever been assessed. In approximately March of this year, the Wastewater Division notified the homeowners Chat it was going to begin assessment of sewer charges pursuant [o Article 4 of Chapter 2l of the Iiawaii County Code, and the owners began receiving billings in approximately Juna of this year, It is the position of the Association that, as a demonstration and experimen[al housing project created by special ordinance and exerttpt from "all statutes, ordinances, charter provisions, and rules or regulations of any governmental agency or public utili[y relating to planning, zoning, construction standards for subdivisions, development and improvement of land the Wastewater Division has no authority to assess sewer charges without County Council approval amending the ordinance creating the Subdivision. Alternatively, even if thane is authority to assess sewer charges without formal County Council approval, it is the Association's position that the Subdivision is not serviced by the type of public sewer system contemplated under Chapter 21, Article 4, of the Hawaii County Code warranting the assessment of sewer charges. The sewer charges contemplated under this Chapter of the Hawaii County Code are, we believe, designed to assess participating landowners for the cost to design, engineer, construct, repair and maititain a formal sewer system--i.e., a system of lines transporting sewage from homes or businesses to a sewage treatment plant, rather than the "gang cesspool" system in the Subdivision, The Association requests your assistance in having the Council, or any appropriate committees thereunder, review the sewer assessment situation and determine whether the owners within the Subdivision should be subjected to the sewer assessment charges being imposed by the Wastewater Division. You have previously been provided with copies of certain documentation pertaining to the sewer assessment situa[iott, as well as the consolidation and resubdivision project. Should you need any additional information or doeumentatiott, do not hesitate to con[aet me. o8'JU ~99 la: uu $8u8 :t29 i528 HSflFURT~&IYkI SToN yy uue J. Curtis Tyler, III August 30, 1999 Page 3 In appreciation of your willingness to assist the Associarion and the many owners within the Subdivision. I remain Vcry [ruly yuuri, ASHFORD & WR[STON Maahew G. Jewell MGI:jj cc: Board of Directors, Queen Liliuokalani Villay~e Communi[y Associa[ion