HomeMy WebLinkAboutCOM 0496.016 2022-2024p PC H5W
CO"l 82CO" �;�� � , � �. 4 COMM. y96
(DKNY Y Cir '#A ' ,
Written testimony re Bill 82, by Councilmember Kaneali'i KK10I e' ld �,
Submitted by R. Janis Parker, on 10/2/2023 -C R", 12: ll
Proposed bill is good in its intent, but I have a few comments/ suggestions.
Comments:
Although there's a stated liability exception (14-26-8), persons might infer that the
County a) has an implied duty to remedy dangerous conditions on private roadways, and thereby
could be held liable for not so remedying (and if someone gets hurt, the County's the "deep
pocket");
and b) that the County, by modifying/ changing/ preventing access during roadwork, is
effectively "constructively taking" private land (partial roadway interests, i.e., a percentage of
road lots, are deeded to landowners along with their parcels) - which would require an overriding
governmental interest for said taking.
Although the Lahaina lessons, and recent USGS possible Mauna Loa eruption lava travel
maps, show necessity for multiple "escape routes", this could still be problematic for the County.
Additionally, the proposal won't take effect for at least a year. Anything that happens in
the interim between passing, and roads being fixed, could cause "harmed" individuals to have
grievances with the County.
So, in essence, it's a bit of a can of worms.
Suggestions:
Pass a resolution directing Public Works (with report to Council, and Corporation
Counsel; with a deadline to provide info no less than 2 months from date passed), to assess
conditions of roadways, with specific attention to Puna "escape routes", including connectivity
between subdivisions, from Volcano to the ocean. Subdivisions that have only one entrance/ exit
(whether on paper, or current physicality,or by homeowner's associations active/passive actions/
inaction).
Once said report is received, Council, working with Corporation Counsel, sends letters to
all affected non -complying subdivisions, i.e., those with flawed connectivity and/or existing
dangerous conditions due to failure to provide/ maintain escape routes, with specifics re required
roadway access, and a deadline of one month to comply.
Public Works to assess if remedies are completed, after month, advise Council and
Corporation Counsel accordingly.
If notified subdivisions fail to act within stated time periods, then the County Public
Works shall timely bulldoze/ correct roadway issues, such that designated roadways are open for
ingress/ egress.
Notifications thereafter sent to subdivisions, that this was a "one time" fix by the County,
and any subdivision who fails to maintain open roadways thereafter, will be subject to the
County returning, and restoring access, and said non -conforming subdivision will be charged for
all County Public Works activities to restore access.
Thank you for your time and attention to this matter, and your continued public service!
Comm. No. q • IV
Ref. To: I YC%W
Ref. Date OCT 4