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HomeMy WebLinkAboutCOM 0580.007 2000-2002 APR-16-2002 08:43 FROM:REG.& GOUT. AFF. 546-6400 T0:808 961 8912 P. 001004 _ ~ t a i ~ ~ ~1~rizore F~Bw`3!! Inc, `T~: C®UIV~P CLARK'S ~FFIC~ RH®hl~: 9f1-255 Fes: 961 X912 I~R~I~$: J®AIVN Y®s~I~t~RI PH~AI~: 546~~68 Fes: 546500 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 Fide 1~So. / ~ ~tef. X0:4- ~f. ~~te APR-16-2002 08:43 FROM:REG.& COV'T. AFF. 546-6400 T0:808 961 8912 P.002~004 Z®rJ 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.