HomeMy WebLinkAboutCOM 0580.007 2000-2002
APR-16-2002 08:43 FROM:REG.& GOUT. AFF. 546-6400 T0:808 961 8912 P. 001004
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IUPe~~age
Faxed is Veriz®n t~awaii's testimony f®r Dili 20~ Streets and Sidewalks, t® be
heard on Wednesday, April 1T.
i~egret~ully, we will not be able tv send a representative to the Council Meting.
Thank you.
Number of pe,~es including cover. sheet 4_
Corttm. N~6
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APR-16-2002 08:43 FROM:REG.& COV'T. AFF. 546-6400 T0:808 961 8912 P.002~004
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AN ®1~~~~VA119~ ,A,NtE'B~~ING ~CHAI~fiE1Z 22, OE fiHE i~Ae9dlfAll C4UNT'lf CO~~ 1983
(199 E~E~ION), LA~'lNG fi0 Sfi~EEfi~ ATV® Sl®E~ALKS
~Y PAUL ®~I~01R0
~1 CTO~ ~ ~G~1iE~tN~iIEN`TAL APFAIEZ~
~EI~I~ON ~IA,~AIi
AT~RIL 17, 2002
Chair Arakakl and M®rnbers of the Hawaii County Council:
I arro 9~aul Oshiro, subr~nitting testimony on behalf of Verizon Hawaii on Sill 205,
"AN ORDINANCE AMENDING CHAPTER 22, OF TIE H~gWA~I'I COUNTY CO®~ 1983,
RELATING T® STI~EEI°S ANO S1®EINALKS."
~Uft~~6iARY
This bill creates a new chapter to define and regulate constnaction within County
streets; and uses within or adjacent to a County street that are not an integral part of its
infrastructure or nec®ssary for safe and lawful operation ®n the street. This rraeasure
also mandates the naming of all streets where two or more county streets intersect.
Veriz®n hlawaii supports this bill with an aniendrnent to aukhorl~e the Director of Public
W®rks to exempt repair, restoratlvn, or replacarn®nt work from complying with current
requirements of the Americans with ®Isabillties Act if the exerv~pti4n is in the overall
interest of the general public.
DTI®N~L~
Verizon Hawaii has concerns with Section 22-4.4(h) because it does not allow for
flexibility of an existing unique clrcunnstance that may require a considerable amount of
resources. Currently, G®unty standards all®w five feet wide sidewalks and require utility
APR-16-2002 08:43 FROM:REG.& GOUT. AFF. 546-6400 T0:808 961 8912 P.003~004
poles to be located one-and-a-half to twa feet from the curb ofi the street this does na4
comply ~nrith current AIJA standards. If a utili4y pole in n®ed of repair was located on
such anon-compliant street which was also adjacent to a business such as a
restaurant--whose wall abuts the sidewalk--this mandate nway entail condemnation of
the busln®ss andlor the widening of the street, in addition to the sidewalk. Verizon
Hae+vaii would like to request for the following amendment to Section 22-4.~:
'°Section ~2-4.~ Construction pern°rits; conditions.
(h) The applicant sha11 repair, restore. or replace all portions of a county
street, including, but not limited to utilities, drainage ways and structures,
traffic markings and signs, driveways and private property that had been
altered, br®ken up, dug up, disturbed, and®rmined, dug under or ooh®rwise
damaged during construction to a state equal to or better than its original
conditions. regardless of ®xisting conditions, work shall also include the
construction of new curb-cuts for persons with disabilities, accessible
driveways or other lmprovennents such that all repair, restoration or
replacement work cor~iply with the current requirements of the A?rnericans
with ®isabiliti®s Acct (A~O~re~v.
Id~.,~~ a# the g e
~°®„~s'9 r®$ ~_~.®rl"~i.~~s~°k ® ~ fa ~Ith the
e A I Inter th~~er~eral ata~llc,..,~~
This amendment will allow for the ®irector of Public Works to determine on a
case-by-case basis whether the ov®rall interest of the general public would best be
served by an ex®rnptlon from A®A requirements.
13y requiring the applicant, in this cas®, Verizon Hawaii, to comply with
guidelines for any repair, restoration, or replacement work within a county street without
taking into consideration the p®ssible land and infrastructure condemnation, the
rnovernent of right-of~ways, the possible transfemng of easen9ents, or other ralerrant
factors, this action may equate to direct costs being passed on to the consunoers, in this
case, the resk9ents of l~awaii County in the form of higher utility rates.
APR-16-2002 08:43 FROM:REG.& GOVT. AFF. 546-6400 TO:808 961 8912 P.004~004
Verizon Hawaii respectfully requests that this bi11 be passed with the
prnposed arraendment to section 2~-4.~. subsection (h). Thank you for the opportunity
to s;:bmit testimony on this matter.