HomeMy WebLinkAboutCOM 0692.004 1998-2000 Apri15, 2000
TI"'°•----pry-r BY
Chairman Arakaki and Council Members; good morning. oa+~-----------'-=- ~ -u------.-----.--
County Council
My name is Donald Ikeda and I would like to speak against Resolution 224-00, the
Acceptance of the Sewage Works Constructed by Mazyl Group, Inc.
One of the reasons that I am against the acceptance of the sewage work is that it was built
without County permit. At the time of construction of Waiakea Center, it was construed
by the Developer through a so called Attorney General Opinion; that the County had no
jurisdiction over Hawaiian Homes Land. Therefore, the Waiakea Center and the sewage
line in question were built without County permit. I also believe that during the
construction of the Waiakea Center and the sewage line in question; the County did not
send inspectors as required by Section 21-18 of the Hawaii County Code; Inspection
during construction required. Therefore, I believe that our County Public Works
Department can not accept any sewage work they did not inspect.
The second reason that I am against the acceptance of the sewage line is that who will be
responsible for repairs incase there is any leakage or other problems with the sewage
system. The land that the sewage line is on is so called private property. Property
belonging to the Hawaiian Homes Land. Therefore, the County has no jurisdiction over
the land. Therefore, who is responsible for any problem that may occur on Hawaiian
Homes Land?
The third reason that I am against the acceptance of the sewage line is that I believe that
the County of Hawaii is currently collecting sewage fees for processing the sewage with
no responsibility for repairs. I do not consider it good business to take on additional risk
with no fmancial gain.
The fourth reason that I am against the acceptance of the sewage line is that the County
of Hawaii should not be responsible for Maryl Group, Inc. business decision. The Maryl
Group, Inc. could have built a sewage treatment plant on their property, but decided to
build Borders, Ross, Office Max and the Natural Food Store buildings. The Maryl
Group, Inc. could also have gone done Railroad Avenue to Leilani Street. By going
down Railroad Avenue, they would have saved about one mile of construction. I believe
that the extra mile may have cost Maryl Goup, Inc. the One Million Dollazs.
I believe that the Clean Water Act only goes up to Lazukaula Street. It did not include
Kawili, Makaala and Holomua Street. I believe that most of the business on these streets
will not hookup to the sewage line. To have business pay for fees based on water usage
and not place a drop of sewage in the line is unjust and unfair.
I also believe that by passing Resolution 224-00 is not according to Section 21-28, of the
Hawaii County Code; Payment of Costs; construction by the applicant or by the County.
The section states that the applicant may receive for ten years after the completion of the
extension all money for sewage chazge up to the cost of the construction. If Resolution p
Comm. No. 6 1 `.Z -
File No._
Ref. To: ~ ~(A~~.~l,
Ref. Date APR 0 5
224-00 is passed, there is a Fina] Settlement Agreement (Exhibit B) that guazantees
Maryl Group, Inc. one million dollazs. There aze no guarantees in Section 21-28. Ifthe
Wastewater Division is trying to accommodate Maryl Development Inc., it is illegal. I
believe there is a better solution. Change the Hawaii County Code. Allow Maryl
Development Inc. to collect fees from their development and all property that decide to
hookup. All property owners that decide not to hook up should not be chazged for
sewage fees. All property owners that decide to hook up should be chazged a flat fee,
including industrial property.
Thank you.