HomeMy WebLinkAboutCOM 0111.000 2000-2002
J. G'pR'I'~ 7'YI.E1R• !R tlas (Wa) aZ6-s6t~
c~woY~vl. Fax. (~Ot) 3363697
AYriQr(NriMLwy ~r1.~Yr~..~r
e.~w~ti courrrsr couxca, O1 F E ~i ~ H~ 1 8 2 0
r~, ,';i
Jamrary 4.2001
MEMORANDUM:
TO Leningrad Elanonoff, Chairaun
Committee on Public Works aed Intergovernmental Rehtioru
Hawaii Canty Council
FROM. J Curtis Tyler UI, Vice ~1L 1,
Hawai`l County Council ~~~i""~"
SUBJECT: Waiakea Heights Subdivision
TMK: 2~-37:63 (Lots 23 and 26)
This memo is a follow-up to our recent conversation regarding my concerru over some
slleged hod use viohtions on the referenced propmtres, and my desire to have the nsetter
heard in your oonmittee.
On December 20, I had your Council Aide, Pun Bumatay make copies of the aeclosed
memoraedum and attachments m be given to you for further acting immmuch as the
previous Chao did not ad on my initial ~ beforo you became the oommitbe Chair.
To date, l am uoswere of this matter being scheduled for a heanng
For thla reason, I am formally requostirlg that this matter be placed on your committee
agenda sR the earnest possible date The alleged viohtioos appear to be ~ o and 1
behove the commitbe needs to address this matter as soon sa powble.
Thank you for your favorable consideration and attention to the important matter. If you
have any questlo~ regarding this memo, plesae call me
Attschment
Comm. No. ~ _
FSIe No.
c ix'r Taal
Ref. To:
Ref. Date ~ 2~~~
ICae~ Caned Ofaoe 77.699~NY~ Suaat • SYa let • Kad~r-ICm• • Finvr'~ • %70.1910
K
` J. CUATIS TYLER, IR Bas (808) 326-5684
. F.~(soes~b9't
CarwellAl~nber -
DurAcr 8 (NarYi Kau+1 i-'y i- l .
'O1 r~~ 8 a~ 8 26
19AWAI`I COUNTY COUNCIQ.
r~,
October 27, 2000
MEMORANDUM
TO. Dominic Yagong, Charrman
Committee on Public W
FROM J Curtis Tyler III
Council Member '
SUBJECT. Waiakea Heigbts Su ision
TMK• 2-4-37.63 (Lots 25 and 26)
On October 26, 2000, West Hawarr Toriay published a lead story entitled "Irregular
permits quened" which covered possible code violations in conjunction vnth the
referenced propemes
As you may know, the Department of Public Works (DPW) has previously nopfied the
property owner(s) of illegal fillrng within the flood zone. My understanding is that
notification to ttus effect began as early as October 1998, in the ensuing two years, it
appears as if the notices have been ignored and/or unenforced. To make matters worse, it
appears that DPW has actually issued certain permits to improve one or more of these
propernes Apparently, this has led to the actual pouring of a concrete slab and fiammg
of a home on one of the properties.
Although I have received copies of some related correspondence, Ihave not yet had the
opportunity to review any of DP W's files on either of these propernes. Nevertheless, m
Lght of the newspaper article and possible violations of FEMA regulations, I believe rt is
imperative the DPW provide some direct answers to you and your committee members
In that regard, consider this my formal request to have this matter agendized as soon as
possible so the true facts m the matter can be known
Thank you very much for your favorable consideration of this request Please call me if
you have any questions
Attachment
c ucryl~caRaPoam~aeie.xir•eaneloz7oo
Kam Council Omcc 77.6399 Nala~u Strew • Smlc 104 • i:a~lue-Kona • Hawu'i • 96740-8980
y~qa~Ho~~~ ~ C ~ ~
v~,SoS~r"=m ~ ~,V~i
~~~~a~ ~ m~ ~ m
nom,.. ~
o•oq^~ggg~v~i ~ ~
n am~HO ~
o ~ ~ O. ~
~ ~ O o c.~
~ w n
r 3='-' ` cn
7 m w
o~v coo~~°c~o~SE
~Q Q_v-i_ 3N ^ ~ ^ 0
sL~~c ~on~^ o~^^"gym
^ G
..os3wo'p o=ra Tn^c^
. g f 3~~ s~ N_ g
d ,agog R=^~~~
a a,R o^n T
p ^ w ~ :dap, n O ^ +.(i
o °^~m `F p
o ='~N I ~~=^mi'
~ gNma aEa A
a ~9~ ~s~~g-~
n n= ~ gg'^~ rnom
~p ~V
.Q O n ~ ~ m ~ O=~
"J` t~ S 'O a Q w 0m ^ '~I N
!J O"
a c~ n icy n =1^ n
n g? o m p m i n n o
0'n O P,' ~dS im ~ a
~N soc ~
FR=^ "a~s~dn
~ nm 07Z S
wE ~ a~~~~Q a;° 5
^ N
G 9~ 6 p A g n art ~ 69
p$w ys3o ~aNCg~n
m w po
S~ ~ o y H p N n e w
n - ~
- d'q~mnc _3wn
° «.°>>o3a ^n
F ^ <wg n °=o
8~Nn~ ..7m ^ a~Cw 0-03
6(~ N N77 i" A ^R =0 ~ VJ
CON Ta' 'G
7 '.1 f~ i O
o^ E n 3 n p F ~ _
6Va 6 w fP'O P O S na
~p 9 m `j^ d ^ g.m
'GJ f1 N -J 9 O ^ n....~~ m 6~
=~~'^i~~0'nn FOOD
w w ~ 0
?~-''off a~'ma°9o
~ ~ m ~ ' E n a ' ' ~ _ ¦
0^ ry~ Q~ A~ 6 A m
N g F C rl ~ "a O' O
F^ Rmca4~~~~
d ~ o m?g.c=o p-~
s °
~~1 O 6 - ^ 7 < .^m. O
m O r ~
a n rtrt F O 0~ ~ ~ n
..~VVaiakea project approved despite questions
From Page 1A channel study end to mr?e 1'in directing them to do some- Yanabu alto denied giving
• The lot in the flood zone was drainage improvements thing they don't want to do" favorable treatment to Ishii. He
graded end filled with a concrete Yanabu said a consultant already Kuba, the Engineering Division said oNers who ask for similar
slab, without o flood study, as has (seen hired for the protect chief, said the division never conditions for grading and bwld-
required by the County Code which involves widening a received any permit epplicatioo for ing within the flood pluo would
Yanabu wd a licensed land stir- drainage ditch and the atreain the protect iaeive the same coasiilezauon.
veyor has looked at behind [he subdivi- Kuba wid one of his concerns is However, at lent one other coa-
the concrete slab `I reviewed if and in Sion to divert the that the Engineering Division does trac[or already has been denied
and determined it my opinion, / fah it water flow from It na have the permit on file He said permission to grade end fill lots
was above the base He said he plans federal officials conduct an annual within the same flood plan
flood level WAS OJY !O Slgn fhe to ask the Federal check on random permits on prof- According to a letter from the
One contractor permi! and I proceed-Emergency acts within flood zones Engineering Dlvisioo, Lionel
who is not involved ed f0 d0 lhAl. r M e iI a g e iII e n I Kuba also expresseJ concerns "Buddy" Azevedo requested to
in this protect wid -Agency to remove about following procedures end grade and fill lots in the same area.
homes In the Flood Robert Yanabu, the flood plain county ordinances He wits denied, because a flood
plan should be ale- Englneerln$ DIYISIOn from the map when "You have to follow the prose- study had not been conducted
voted on posts the study Is tom- darts to build (In a flood zone) and Ymabu said as long as certain
Ishii was ehiejengineer plated one of thou is you can't fill with- conditions ire met, he would
allowed to grade Removal of the out a Flood study," Kuba said approve grading and filling on -
and fill the lot without a permit flood plain would not only 6enetit Yanabu said the permit likely those lots
A letter from Deputy Chief Waiakea Heights, but homes will be sent to the file Azevedo also took issue with
Engineer Jiro Sumada notified below the subdivision, he said "We're not trying to hide any- Yanabu focusing so much euenuon
Ishu of the violation and of penal- "We're already moving In that thing from the fads," he said to one protect instead of focusing
ues that could include a SI,000 direction and we already have the Yanabu and Kuba iM thin iS syh on county business.
fine: perdoy if tht situation was not money;' Yanabu said "We're ion- +aid pursuing penal- g r y He also ques-
cortected fident iht study will be w:cepied ues for grading vio- iS (Ya!labu) SO boned Yanabu'e
He eventually was punished by FEMA " lotions is difficult elJtreriched in tak- claim of fairness
when he was charge) double, S14 Yanabu acknowledged viola- It Is considered a "My thing ts, why
instead of S7, when he applied for lions have occurred He sold a land criminal violation, ing care of one guy Is (Yeoabu) co
his grading permit surveyor has inspected the con- wlli~ll would be hen- i!lSlead Of lakin$ entrenched in felting
actually ownssthe lo[In over who deternunetl unwaseabove the b se prose cutorhs office CAre O ilia ubGe Dare of one gag
.f P instead of [akin
According to records, Ishii owns Flood elevation level Although the penal- - Ll0lJei "Buddy'' care of the publle7'
a lot adtacent to the protect sue He also said he doesn't believe ties Include a 51,900 Azevedo Azevedo said
Ishu said a mistake was made the slab will affect the flood level fine, Yanabu said he Azevedo also said
while the property was In escrow In the area tries to work with contractors to when Yanabu was the chief of the
Yanabu denied giving Ishu ape- "He's definuely above Qht ?oad avoid Iwgauon Engmeenng Division, he held up
cial treatment because his brother, plain)," Yanabu said "The eleva- However, ht said the enforce- his protect for nearly a year
Ben Ishu, works in the lion has been established by a mint and monitonng could be bet- because of flooding concerns
Engmeenng Division licensed surveyor" ter Yanabu said Azevedo had the
Yanabu also downplayed the He also said he someume+ get+ ' Tu w, it's more producuvt;' option of appealing his decision m
apparent violations and said the Involved directly In cer[ain prof- Yanabu said 'We'd probably be the chief engineer, which he even-
chief engineer has some dlscreuon acts Yanabu said the Engmeenng slits to prevem (uriher damage " rosily did
to make decisions concerning Department staff had some caI-
bullding protects within the flood terns about the protect and it was
zone rcfen ed whim
He also said Public Works per- He said he reviewed the psi wits
sonnet are attempting to remove and had nu reservations when ht
the Flood plain and the county approved them
already ha+ starts) the Imual phas- ' ! renewed a and m my opinwn.
es of removing the area from the I felt it was OK to sign the permit
federal flood map and I proceeded to do that,"
The County Counul has Yanabu said "1 don't wain to put
approved 59W W0 to duo ?ood ony engineer m a poswon where