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HomeMy WebLinkAboutRES 072 Draft 01 2002-2004 • • OFFICE INFORMATION ONLY Meeting: Public Works and Intergovernmental Relations Committee - 02/01/2005 Action: Close file via Comm 45 dated 12/17/2004 (Note: At the 10/20/2003 meeting of Public Works and Intergovernmental Relations Committee, Res. 72 -03 was deferred pending meetings with the Committee Chair and the Department of Public Works, and was never taken up again.) Re: Res 72 -03, Comm 234 and Comm. 203 COUNTY OF HAWA~`"~"~ ~,~'ATE OF HAWAII RESOLUTION NO. 72 03 RESOLUTION AUTHORIZING THE MAINTENANCE OF CERTAIN ROADS CURRENTLY CLASSIFIED AS A "ROAD IN LIMBO." WHEREAS, Chapter 264, Hawaii Revised Statutes, divides government highways into two types: (1) the state highway system, under the jurisdiction of the state department of transportation, and (2) county highways; and WHEREAS, there are many roads identified on maps and deeds as government roads that are not within the state highway system, but have not historically been included in the county's inventory of county roads, and have not been regularly maintained by the county; and WHEREAS, the term "roads in limbo" has been used for such roads, which appear to be government roads, but for which the state and county have not accepted responsibility; and WHEREAS, according to Attorney General opinion, A.G. Op. 86-15, Attorney General letter dated October 13, 1999, A.G. letter opinion dated July 21, 1999, and Corporation Counsel opinion number 96-05, such "roads in limbo" are under the jurisdiction of the county; and WHEREAS, there are over 450 miles of such "roads in limbo" that have been identified by the Department of Public Works by reviewing existing tax maps and then delineated on the appropriate tax map plat. These roads were not confirmed on the ground and not researched as to title; and WHEREAS, a copy of those delineated tax map plats was provided to the County Council in Communication No. 140.8 (2002); and WHEREAS, some of the roads in question are "paper" roads, that do not exist on the ground, and those that do exist, are generally far below modern road standards; and WHEREAS, it is not known who actually built many of the "roads in limbo" that do exist on the ground, and in many cases, it is not known whether the physical alignment of the road is within the legal right-of-way; WHEREAS, many parcels of land take their legal access from these "roads in limbo", including many lots created by the government of the Territory of Hawaii as homesteads; and WHEREAS, the administration is currently reviewing major problematic issues, such as defining the extent of improvements fora "road in limbo" and WHEREAS, while the County acknowledges the complexities of establishing a comprehensive policy to address all "roads in limbo'; there is a long standing community need for the County to be responsive now for reason of public health and safety; and WHEREAS, the County currently does not have sufficient funding to maintain all of these "roads in limbo"; and WHEREAS, the County is pursuing cooperation with state and federal governments toward funding a comprehensive government road maintenance, program; and WHEREAS, certain communities have organized themselves into associations or corporations and have expressed a desire to collaborate with the County to plan for and contribute, financially and otherwise, to the improvement and maintenance of these "roads in limbo" which serve their communities; and WHEREAS, the improvement and maintenance of these "roads in limbo" will involve various forms and levels of construction and maintenance, each case requiring individual and unique treatment according to the needs of the community and its resources; and WHEREAS, the Mayor and Director of the Department of Public Works are willing to work cooperatively with said community groups to improve and maintain "roads in limbo;" and WHEREAS, the improvement and maintenance of these "roads in limbo" will require the consent and approval of the County Council with respect to the receipt of monetary contributions and dedications of encroachments, drainageways, and other rights-of-way NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it hereby establishes the following interim criteria under which it will accept maintenance responsibilities fora "road in limbo": 1. The road shall be delineated and identified on a Public Works "Roads In Limbo" Inventory Map in Communication No. 140.8 (2002). 2. The Department of Public Works, in consultation with Corporation Counsel, must determine that it is a government road. 3. The road to be taken by the County shall be an existing road "on the ground" and not a "paper road." 4. The physical road must be within the legal alignment of the government road, or adjoining landowners must be willing to dedicate, at no cost to the county, the alignment of the physical road and adjoining right of way to equal the width of the existing right of way. 5. The surrounding community or landowners must pay for the initial survey locating the road right of way and the existing road and participate in the substantial funding of improvements and/or dedication of land for road alignment purposes. 6. The County shall have adequate funding to construct and maintain the road-in-limbo. 7. Priority shall be given to roads that serve existing homes. BE IT FURTHER RESOLVED it supports and encourages the Mayor and Director of Public Works' efforts to work collaboratively with community associations and other community organizations toward cooperative planning and execution of basic roadway improvements and maintenance on certain "roads in limbo." Dated at , Hawai`I, this day of , 2003. INT DUCED BY: ~ ~ COU CIL MENIBE ,COUNTY F H~AWAI9 COUNTY COUNCIL ROLL CALL, VOTE County of Hawai `i AYES Noes ABS Ex HltO, HBWAI `I ARAKAKI CHUNG I heraby certify that the Ib~egoing RESOLUTION wa1 by ELARIONOFF the vote indicated to the right hereof adapted by the COUNCIL of the County of Hawaii on HOLSCHUH JACOBSON LEITHEAD-TODD ATTEST: REYNOLDS SAFARIK TYLER Reference: C-234/PW&IRC COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO._ 7iL O3 _