HomeMy WebLinkAboutRES 211 Draft 01 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 2~1' 0~#
A RESOLUTION OF FINAL DETERMINATION TO PROCEED TO CREATE, DEFINE,
FINANCE AND CONSTRUCT A WATER SYSTEM IMPROVEMENT DISTRICT FOR
THE KONA COASTVIEW AND KONA WONDERVIEW SUBDIVISIONS
WHEREAS, pursuant to the directives contained in Resolution No. 237-02, the Department
of Water Supply (DWS) solicited bids for the design, survey and construction of the proposed water
system improvements in accordance with the state procurement code and, upon receipt of bids on
April 7.2004, determined that the total project costs were approximately $1.5 million higher than the
DWS prgjecY costs estimate presented to prospective assessed owners of the Improvement District at
a Public Hearing on August 2, 2002; and
WHEREAS, to finance the additional costs for the Improvement District, the Department of
Water Supply secured an addendum dated April 20, 2004 (attached "Exhibit A••) from the State
Director, USDA Rural Development to its Letter of Conditions dated April 2, 2002 increasing the
USDA/Rural Utilities Service loan to $3,696.400, thereby providing an additional $920,000 in loan
financing in support of the Improvement District; and
WHEREAS, on May 25, 2004 the Water Board of the County of Hawaii adopted
Resolution No. 04-02 (attached "Exhibit B'~) authorizing a loan up to the amount of $600.000 from
the Department of Water Supply to the County of Hawaii to be evidenced by a general obligation
bond for a term of five (5) years beginning from the full disbursement of the loan at an interest rate
not to exceed 4.5%, such loan to be used by the County of Hawaii as an advance to the Water
Improvement District; and
WHEREAS, prior approvals for the establishment of the Improvement District evidenced by
Resolution No. 220-02, Draft 2, the Public Hearing of August 2, 2002, and Resolution No. 237-02
indicated a substantially lesser assessment to property owners based upon a preliminary DWS project
estimate in 2002. subsequently revised in April, 2004 upon determination of the estimated final net
project costs and related financing; and
WHEREAS, the Hawaii County Council adopted Resolution No. 197-04, a Resolution
Amending the Establishment of a Water System Improvement District for the Kona Coastview and
Kona Wonderview Subdivisions and Setting a Public Hearing to Present Final Net Project Costs.
Financing Thereof, Proposed Assessments, and Related Matters on June 16, 2004 in Kailua-Kona,
Hawaii; and
WHEREAS, Resolution No. 197-04 stated that "fundamental fairness requires that the
property owners within the Improvement District be given appropriate notice of the increased project
costs, financing thereof, procedures and timetable for making prepayment and application for
reduction of proposed assessments, and opportunity to protest the Improvement District and
WHEREAS, in accordance with the requirements of public notice set forth in Chapter 12,
Hawai' i County Code, the Office of the County Clerk undertook the following steps to notify owncrs
of properties subject to assessment in accordance with Resolution No. 197-04 of the date, time and
place of the Public Hearing:
(I) Set a Public Hearing to be held on July 12, 2004 at 6:00 p.m. at Kealakehe Intermediate
School, 74-5062 Onipaa S[reet in North Kona, Hawaii; and
(2) Mailed copies of the Notice of Public Hearing (attached as "Exhibit C") and the full text
of Resolution 197-04 by certified mail to each of the 437 owners of assessment units
within TMK Plat Nos. (3)7-3-13. -014, -015, -016, -022, -023 and -028 on June 24, 2004;
and
(3) Published the Notice of Public Hearing in [wo newspapers of general circulation within
the County of Hawaii on June 25 and July 4, 2004 in West Hawaii Today and the
f~lawaii Tribune Herald, respectively, with notarized affidavits of such publication
received from each newspaper; and
(4) Posted the Notice of Public Hearing on June 24, 2004, accompanied by copies of
Resolution 197-04 at the Kona Mayor's Office, Kona Council Office, and Hawaii
County Building for public inspection during county hours of business; and
WHEREAS, the Notice of Public Hearing explicitly advised all interested parties and
owners of assessment units for or against the establishment of the Improvement District that, "in
accordance with § 12.10(e) and §12.12, Hawaii County Code, a protest against making all or part of
the proposed improvements or against the methods by which such assessments are to be made, or the
inclusion of certain costs therein must be submitted in writing to be considered by the Council;' and
further directed that such written protests or objections were to be mailed to the County Clerk,
Hawaii County Building, 25 Aupuni Street, Hilo, Hawaii 96720 prior to the date of the Public
Hearing, or submitted in person at the date and time of the Public Hearing; and
WHEREAS, the Notice of Public Hearing further specified that "in the event that less than
50% or more of the owners of assessment units file written protests at or before the Public Hearing
against making all or part of the assessments, or part of the proposed improvements, or against the
methods by which such assessments are to be made, or the inclusion of certain costs therein, the
County Council may proceed to establish the Improvement District and levy assessments by
ordinance";and
WHEREAS, the Public Hearing required by Resolution 197-04, pursuant to the provisions of
Chapter 12. Hawai' i County Code, was conducted on July 12, 2004 at 6:00 p.m. at Kealakehe
Intermediate School before a quorum of the members of the Hawaii County Council with
approximately 130 residents of Kona Coastview and Kona Wonderview in attendance; and
WHEREAS, to disclose all costs to be borne by owners of assessment units within the
proposed Improvement District, residents of the Kona Coastview and Kona Wonderview
subdivisions who attended the July 12, 2004 Public Hearing received informational handouts
("Exhibit D") and a presentation by the Legislative Auditor's staff on topics including project costs,
net project costs, comparative bids for construction of the water system improvements, estimated
assessment per property owner based upon 437 assessees, projected payment and
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amortization schedules for the three Improvement District loans, applicable DWS facilities charges
and exemptions for homeowners with documented prior payment of DW S facilities charges,
plumbing connection costs, provisions and estimated timetable for prepayment of assessments,
proposed 3% prepayment penalty, "project timetable" for legislation, loan closings and project
ground-breaking, procedure for application to pay reduced assessment per §12-19(b), Hawaii
County Code. and plans for update reports during project construction via the DWS website: and
WHEREAS, to answer any questions relating to the Improvement District proposed in
Resolution No. 197-04 and its subsequent Notice of Public Hearing, the following county
departmental personnel were present at the July 12, 2004 Public Hearing: Mayor Harry Kim,
Department of Water Supply Manager Milton Pavao, Deputy Manager Quirino Antonio, Glenn
Ahuna and Shari Komata; Finance Department Treasurer Michael Okumoto; Deputy Planning
Director Ro~~ Takemoto: Public Works Director Bruce McClure; Corporation Counsel attorney
Bobby Jean Leilhead-Todd; bond counsel attorney Brian T. Hirai; Deputy County Clerk Jay Mende;
Legislative Auditor Connie Kiriu and Program/Fiscal Review Auditor Rory Flynn; and
WHEREAS, all citizens present at the July 12, 2004 Public Hearing were invited to offer
verbal testimony relating to the Improvement District and to submit written testimony to the Office
of the County Clerk for purposes of recordation and further consideration by the County Council; and
WHEREAS, testimony both for and against the proposed lmprovement District was heard
by the Council on July 12, 2004 and a draft transcription of the audio-taped proceedings of the Public
Hearing is attached to this Resolution as "Exhibit E' ;and
WHEREAS, at the conclusion of the Public Hearing, Deputy County Clerk .lay Mende
announced a tally of written communications received from owners of real property within the Kona
Coastview and Kona Wonderview subdivisions and reported a total of four (4) letters in opposition to
the proposed Water System Improvement District (which letters are attached to this Resolution as
"Exhibit F""): and
WHEREAS, since the total number of property owners (4) who filed written objections
before or at the date and time of the Public Hearing on July 12, 2004 constituted less than fifty
percent of the total number of owners of assessment units (437) within the proposed Improvement
District, the Council, in accordance with Sections 12-15Q) and 12-I5(k), Hawaii County Code, may
proceed to approve the proposed improvement by assessment; and
WHEREAS, the Hawaii County Council previously adopted Resolution No. 220-02,
Dratt 2, a Resolution Proposing the Establishment of a Water System Improvement District for the
Kona Coastview and Kona Wonderview Subdivisions, on June 19, 2002 in Kaihia-Kona. Hawaii;
and
WHEREAS, Resolution 220-02, Draft 2 expressly approved and adopted the findings,
conclusions and recommendations contained in the "Manager's ReporP' (Communication No. 652)
prepared by the Manager, Department of Water Supply, dated June 2, 2002, and concurred with the
Manager's conclusion that "the establishment of the Improvement District will provide signiticant
benefits to the health, safety and welfare of the residents of the Coastview/Wonderview
Subdivisions": and
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WHEREAS, in adopting Resolution No. 220-02, Draft 2, the Council further found that, in
accordance with Section 12-10(i), Hawaii County Code, creation of the Improvement District and
the construction. acquisition and installation of a water system for the Kona Coastview and Kona
Wonderview Subdivisions was "in the public interest' ;and
WHEREAS, the Council finds that the public protection classification for insured
homeowners within the Improvement District will be measurably improved after construction of the
Improvement District, installation of 34 fire hydrants within the Kona Coastview and Kona
Wonderview subdivisions, and operation of the new Kalaoa fire station located within five miles of
the Improvement District.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAI`1 AS FOLLOWS:
I . Certain determinations and findines. In accordance with the provisions of Section
12-18, Hawaii County Code, the Council hereby determines to proceed with the improvements
earlier adopted in Council Resolution 220-02, Draft 2, Resolution No. 237-02, and further described
in the '`Manager's Report."
BE IT FURTHER RESOLVED, as follows:
I. Creation definition and establishment of the extent of the Improvement District.
The Council hereby reaffirms the creation, definition and establishment, pursuant to Resolution No.
237-02. of a Water System Improvement District consisting of all "assessment units" (as such term is
defined below) located within Tax Map Key Plat Nos. (3) 7-3-013, -014, -015, -016, -022, -023 and -
028 (the "Coastview/Wonderview Subdivisions"), except for TMK No. (3) 7-3-022:001 (a State of
Hawaii highway remnant parcel), TMK No. (3)7-3-022:002 (a parcel located along Mamalahoa
Highway with no frontage along Ahikawa Street within the Kona Coastview Subdivision), and TMK
Nos. (3) 7-3-022:046 and (3) 7-3-023:088, acquired as reservoir sites for the Improvement District.
The owners of assessment units within the Improvement District are those persons identified in
the "Amended Preliminary Assessment Roll" ("Exhibit G") attached to this resolution. The Council
acknowledges that changes in property ownership and the recordation of ownership of assessment units
by the County of Hawaii Real Property Tax Division may be subject to change and/or revision prior to
the passage of an ordinance establishing assessments for the Improvement District and related bond
ordinances to finance the hnprovement District.
2. Kind extent and ¢eneral details of the proposed improvement. The improvements
shall consist of a public water system (the "Water System") consistent with applicable Department of
Water Supply standards, which shall be owned, operated, and maintained by [he Department of
Water Supply. The construction and installation of the Water System shall include the removal of all
existing meters and laterals servicing residents of the Improvement District, and the installation of
meters for each currently existing assessment unit within the Improvement District.
3. Description of land(s) acquired. The construction and installation of the Water
System required the acquisition by "friendly condemnation" of two undeveloped parcels of land,
fMK No. (3) 7-3-022:046 and TMK No. (3) 7-3-023:088, each to be used for the construction of a
100.000-gallon reservoir. The total acquisition cost of the two reservoir sites is $243,384.00.
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4. Part or proportion of the cost of the improvements to be borne by the County. The
total costs of the environmental assessment, design, survey, construction/contingency, bond counsel,
underwriting and printing, and County Clerk administrative costs for the Water System Improvement
District, including the acquisition of the parcels described in the preceding section (collectively, the
"Project Costs"), is estimated to be $6,060,095, and shall be financed by:
(a) a grant from the U.S. Department of Agriculture Rural Utilities Service ("USDA/RUS")
in the amount of $1,823,600 to be applied against the Project Costs; and
(b) a loan to the County of Hawaii from the USDA/RUS in the amount of $2,776,400, at
4.75% for 35 years, which loan shall be repaid out of the proceeds of assessments to be
assessed to the owners of assessment units within the Improvement District, and shall be
evidenced by a general obligation bond; and
(c) a loan to the County of Hawaii from the USDA/RUS in the amount of $920,000 at
4.375% for 35 years, which loan shall be repaid out of the proceeds of assessments to be
assessed to the owners of assessment units within the Improvement District, and shall be
evidenced by a general obligation bond; and
(d) a loan from the Department of Water Supply to the County of Hawaii in the amount of
$540,095 at 4.5% for 5 years after the loan is fully disbursed, which loan shall be repaid
out of the proceeds of assessments to be assessed to the owners of assessment units
within the Improvement District, and shall be evidenced by a general obligation bond.
The County of Hawaii shall bear the customary operating costs of loan management by its
Department of Finance-Treasury Division for the 35-year duration of the Improvement District
bonds. These costs shall be partially offset by charging a $1.00 monthly collection fee as specified in
Chapter 12, Hawaii County Code.
5. Description of the Assessment Unit and Method of Assessment. "Assessment unit" for
purposes of the Improvement District shall mean a duly subdivided parcel of land or condominium
unit bearing a unique tax map key number.
The number of assessment units within the Improvement District is 437, consisting of 412
parcels of land and 25 condominium units.
As used in this Resolution, "Net Project Costs" means the Project Costs, less the amount of
the USDA/RUS grant. The Project Costs estimated to be $6,060,095, less the USDA/RUS grant of
$1,823,600 applied against the Project Costs, yield a Net Project Cost in the amount of $4,236,495.
Each assessment unit existing as of the date that assessments begin to accrue on assessment
units within the Improvement District (the "Commencement Date") shall be subject to an assessment
calculated by dividing the Net Project Costs by the number of assessment units within the
Improvement District as of the Commencement Date.
The Council finds that, assuming Net Project Costs of $4,236,495 (subject to revision based
upon final calculation of the County Clerk Administrative Cost), the anticipated assessment per
assessment unit ($4,236,495 divided by 437 assessed owners) will be $9,694.50.
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6. Amended Assessments Upon Subdivision. In accordance with the provisions of § 12-
30. Hawaii County Code, in the event of subdivision of an assessment unit pursuant to Chapter 23.
Hawaii County Code, or the subjection of real property to a condominium property regime pursuant
to Chapter 514A, Hawaii Revised Statutes, any assessment unit within the Improvement District that
is subdivided or subjected to condominium property regime shall increase the number of assessment
units within the Improvement District. In the event of an increase of the number of assessment emits
within the Improvement District, the Department of Finance, within sixty days following receipt of
notification by the Planning Department of such approved subdivision, or other action establishing a
new assessment unit or units within the Improvement District, shall reallocate the outstanding
assessments within the improvement district among the assessment units subject to such outstanding
assessments, including the resulting new assessment units.
7. Installment Payments or Prepayment; Prepayment Penalty. Unless paid in full,
assessment will be payable in monthly installments sufficient to meet the principal and interest
requirements for the County's general obligation bonds issued for the Improvement District until
they mature. A property owner's assessment may be paid to the Director of Finance in full, at any
time within 30 days after the date of the last publication of the ordinance to set the Improvement
District assessments. Upon adoption of the Council's ordinance setting the assessments for the
Improvement District, Che Office of the County Clerk shall notify all assessed owners by certified
mail of the 30-day prepayment period and payment submittal deadline. After this 30-day period,
property owners may prepay the unpaid balance of their assessments in full, plus a 3% premium on
the unpaid balance and interest at the rate of the bonds until they can be redeemed with the
assessment prepayment.
8. Facilities Charges and Exemptions: Prior to hook-up to the Improvement District water
delivery system, owners shall be responsible for making prompt, direct payment to the Department of
Water Supply fora "facilities charge" (water meter connection). Property owners within the
Improvement District who are credited with prior payment of the DWS "facilities charge" for water
meter connection are exempt from such payment. In a memorandum dated February 12, 2002, DWS
identified 119 such owners who are credited with prior payment of facilities charges.
9. Materials to be used. The materials to be used in the construction and installation of
the Water System are set forth in the bid tabulation spreadsheet (Job No. 2201-790) compiled by
the Department of Water Supply dated April 7, 2004 and attached herein to as "Exhibit H".
10. Special Community Considerations. In consideration of community concerns and
testimony heard at the Public Hearings on August 2, 2002 and July 12, 2004, the Council directs the
Manager, Department of Water Supply, to identify all nonconforming consumer lines presently
servicing customers within the Improvement District and to assure the maintenance of uninterrupted
water delivery service during construction of the water system improvements.
The Council directs the Manager, Department of Water Supply, and the Director of Public
Works to collaboratively plan and alleviate ingress/egress traffic concerns for the residents of Kona
Coastview and Kona Wonderview during construction of the water system improvements.
The Council shall endeavor to adopt an ordinance setting the assessments for the
Improvement District and concurrent bond ordinances to facilitate all loan closings during the current
federal fiscal year and prior to September 30, 2004 in order to secure the lowest possible interest rate
financing for assessed residents with the Improvement District.
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9. Effective Date; Transrraittal of Resolution. This Resolution shall take effect
immediately upon adoption thereof. Following such adoption, the Clerk of the County of Hawaii
shall transmit copies of this Resolution to Mayor Harry Kim; Finance Director William Takaba;
Corporation Counsel Lincoln Ashida; Real Property Tax Division Tax Administrator Vl-'esley Takai;
Department of Water Supply Manager Milton D. Pavao; Director of Public Works Bruce McClure;
Water Board Chair Earl T. Nakashima; Lorraine P. Shin, Hawaii State Director, USDA Rural
Development; Brian T. Hirai, McCorriston Miller, Mukai MacKinnon LLP, bond counsel; AI
Konishi, County Clerk; and Constance R. Kiriu, Legislative Auditor.
Dated at Hilo , Hawaii this 23rd day of July , 2004.
[ TROD E
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U IL MEMB , C U TY OF HAWAII
JCT/rf
COUN~FY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOF,S ABS EX
Hilo. Hawaii
ARAKAKI X
CHUNG X
1 hereby certif} that the foregoing RESOLUTION was by ELARIONOFF X
1'he ~otc indicated to the right hereof adopted by the COUNCIL ofthe }{OLSCHUH X
County of Hauai'i on July 2 3 , 2004
JACOBSON
REYNOLDS X
,~l'"f1:S~l': SAFARIK X
TULANG X
TYLER X
~
rm 6 0 3 0
~ C-693
Reference:
CO '"fY CLERK CH: RMAN & PRESID[NG OFFICER RESOLUTION NO.
Rura~t _
Development
i.Nnited States Department of Agriculture
92ural Development
Hawaii State Office-Western Pacific Region
Addendum No. 2
Letter of Conditions dated Aprfl 9, 2002
Kona Coastview/Wonderview DVater System
Department of Water Sapply
County of Hawaii
Delete the provisions of paragraph 9. COST OF FACILITY, and insert the following:
(a) Breakdown of Costs:
Development $5,436,224
Engineering 337,629
Adntirustrative and Legal Expenses/Land 336,384
TO'I,SL. $6,110,237
(b) Financing:
RUS Lozn $3,696,400
RUS Grant 1,823,600
Applicant Contribution 590 237
TOTAL $6,110,?37
This Addendum is to be made a part of the above-referenced Letter of Conditions, as amended. All other
provisions of the Letter of Conditions remain in force.
a
~vV ILORRAINE P. SHIN Date
State Director, Rural Development, acting
on behalf of Rural Utilities Service
The above conditions are acceptable.
r
ivIILTON PAVAO ~ Date
Director, Department of Water Supply
County of Hawaii
Room 311, Federal Building, 154 Waianuenue Avenue, Hllo, Hawaii 96720. Tel: (908) 933-5380, FAX: (808) 933-8327, TDD: (808) 933-932
n ttp://www. ru rdev. usda. gov
i;omrnilfed (o the rumre or rural comrnundies
Rural Geve!opmantis an Equal Ccportuniry I_Nnder °rovlder, and Bncloyer. Complslnts of dlscrinina Pion should be sent so vSDA Clrector,
Ofi(e~ d Crvd Riyhts, Washington, D_ C 20250-9410
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Of WpWpp. 345 KEI<UH NAO'H STFI F_CT, SUITE 20 HILO, HAWAII 96720
'fELE PH ONE (808) 9fi1-8050 FAX (008) 967-8657
May 26, 2004
TO: Mr. Rory Flynn
Legislative Auditor's Office
FROM: Milton D. Pavao, Manager
SUBJECT: RESOLUTION NO. 04-02, AUTHORIZING A LOAN IN THE AMOUNT OF
5600,000.00 FROM THE COUNTY OF HAWAII, DEPARTMENT OF WATER
SUPPLY TO THE COUNTY OF HAWAII TO BE USED BY THE COUNTY OF
HAWAII AS AN ADVANCE TO THE KONA COASTVIEW AND KONA
WONDERVIEW IMPROVEMENT DISTRICT, AND EVIDENCED BY A
GENERAL OBLIGATION BOND TO BE PAID BACK IN FIVE (5) YEARS
Attached is the above-mentioned Resolution, passed by the Water Board at its May 25, 2004, meeting.
Sincerely yours,
Milton D. Pavao, P.E.
Manager
dms
Att.
~xN~Qif
,1,
/L'[Z~CP (/{'Lbtc~.i ~7J'0 ~.1'E'.~.~.
The Depamnenl of Water 6upply is an Equa: Oppuricntly plovlrlei and erclployec fo hle a compleml of 7iscnmination. write USn~. Di:erloi Jmce of Cu.il
5lighls. Room 9flo VJ VJhinen Hutldn~ 74th miU mdepennenr Hvelyr. SW Vtashinglon DG 202b0~110 R~ call CtD7~7 0 ~4rn IVTC.~ anS iDDI
WATER BOARD
COUNTY OF HAWAII, STATE OF HAWAII
RESOLUTION NO. 04-02
RESOLUTION AUTHORIZING A LOAN 1N TIIE AMOUNT OF $600,000.00 FROM THE
COUNTY OF HAWAII DEPARTMENT OF WATER SUPPLY TO THE COUNTY OF
HAWAII TO BE USED BY THE COUNTY OF HAWAII AS AN ADVANCE TO THE
KONA COASTVIEW AND KONA WONDERVIEW IMPROVEMENT DISTRICT, AND
EVIDE[~ICED BY A GENERAL OBLIGATION BOND TO BE PAID BACK IN FIVE (5)
YEARS.
WHEREAS, at a public meeting he]d by the Department of Water Supply ("DWS") on
October 20, 1999, a majority of residents and homeowners of the Kona Coastview and Kona
Wonderview subdivisions present at the meeting expressed support to establish an improvement
district.
WHEREAS, on July 26, 2000, pursuant to Hawaii County Code ("HCC") § 12-10(a),
the Council adopted Resolution No. 270-00 which directed the Manager of the DWS to prepare
and submit a report on the establishment of the improvement district, and the costs of design and
installation of a public water delivery system for the improvement district.
WHEREAS, the DWS initiated a grant and loan application to the United States
Department of Agriculture's ("USDA") Rural Utilities Service ("RUS").
WHEREAS, at a public meeting held on March 21, 2002, the Kona Coastview and Kona
Wonderview residents who were present expressed their support for the establishment of an
improvement district, and for the funding of the costs of the improvement district under the RUS
grant and loan program.
WHEREAS, by letter dated Apri19, 2002, the USDA indicated that the request for
$],823,600.00 of RUS grant funds and $2,776,400.00 of RUS loan funds was being considered
by the USDA.
WHEREAS, on June 4, 2002, the County Council received the Manager's Report whicA
included surveys, plans, maps and other data, as well as an estimate that construction, acquisition
and installation costs of the improvement district was $4,600,000.00.
WHEREAS, on June 19, 2002, the County Council adopted Resolution No. 220-02.
Resolution No. 220-02, which ratified Resolution No. 270-00, proposed the establishment of a
water system improvement district for the Kona Coastview and Kona Wonderview subdivisions
upon the terms and conditions set forth in the Manager's Report, as well as other terms.
WHEREAS, Resolution No. 220-02 also included a provision for hearings pursuant to
HCC 12-10 and 12-27 to be combined as allowed by HCC § 12-28. Based upon the
foregoing, Resolution No. 220-02 ordered the setting of public hearing on the proposed
improvements, and its publication.
WHEREAS, the notice of the public hearing contained the $4.6 million total estimated
cost of the improvement district, and stated that assuming the USDA grant of $1,823,600.00,
"anticipated assessment per assessed owner will be approximately $6,353.00."
WHEREAS, the notice was mailed to each of the 437 owners of the assessment units
within the proposed improvement district, and published in two newspapers.
WHEREAS, a public hearing took place on August 2, 2002.
WHEREAS, thereafter, on September 25, 2002, the County Council adopted
Resolution No. 237-02 which, "in accordance with Section ] 2-18, Hawaii County Code"
determined to "proceed with the improvements adopted in Council Resolution 220-02, Draft 2,
and further described in the `Manager's Report.
WHEREAS, Resolution No. 237-02 stated that it created, defined and established a
Water System Improvement District consisting of all assessment units in the Kona
Coastview/Kona Wonderview area.
WHEREAS, thereafter, the DWS proceeded to call for bids on the project. On April 7,
2004, bids for the project were opened. The lowest bid amounted to $4,942,024.00 which, along
with a construction contingency of 10%, brought the total construction costs to $5,436,224.00.
WHEREAS, the elevated construction costs brought the total cost of the improvement
district up to about $1.5 million more than the estimated cost of the improvement as stated in
Resolution No. 220-02, the Notice of Public Hearing, and Resolution No. 237-02.
WHEREAS, it appears that additional loan funds in the amount of $920,000.00 from the
USDA/RUS will be available,
WHEREAS, there remains a $600,000.00 shortfall in funding for the improvement
district;
WHEREAS, at the current time, the DWS is not regularly receiving payment for the
water utilized by the Kona Coastview and Kona Wonderview subdivisions, resulting in a lack of
payment in the amount of approximately $9,000.00 per month.
WHEREAS, the DWS metered accounts which serve the Kona Coastview and Kona
Wonderview subdivisions have an outstanding balance in the amount of approximately
$500,000.00.
WHEREAS, it is in the DWS' best interest to support the Kona Coastview and Kona
Wonderview improvement districts;
WHEREAS the only improvements to be made in the Kona Coastview and Kona
Wonderview districts are water system improvements;
WHEREAS, the water system will be dedicated to the Water Board upon its completion,
NOW THEREFORE, BE IT RESOLVED by the Water Board of the County of Hawaii,
State of Hawaii:
1. The Water Board authorizes a loan, if needed, up to the amount of $600,000.00 to
the County of Hawaii evidenced by a general obligation bond for a term of 5 years beginning
from the full disbursement of the loan at a rate of no less than 3% and no more than 4.5%;
2. The Chairperson or Vice-Chairperson of the Water Board is authorized to sign
any and all documents necessary that are recommended for approval by the Manager, and
approved as to form and legality by the Office of the Corporation Counsel, to carry out the intent
of this resolution;
3. If the loaning of the money to the County of Hawaii as specified in this
Resolution is not authorized by law, this Resolution is void and of no effect without further
action by the Water Board.
BE IT FURTHER RESOLVED that this Resolution shall take effect upon the adoption
thereof, and that the Secretary be directed to provide certified copies of this Resolution to the
Manager of the DWS, Deputy Manager of the DWS, Comptroller of the DWS, the Legislative
Auditor, and Hawaii County Mayor.
I hereby certify that the foregoing Resolution WATER BOARD
was, by the vote indicated below, COUNTY OF HAWAII
adopted by the Water Board of the County of HILO, HAWAII
f
Hawaii on the ~ day of -/1~ Cw 2004. ~ ~
ATTEST: _ ~~~,,~..__t.~~ -
Doreen Shirota, Secretary EARL T. NAKASHIMA, CHAIRMAN
Department of Water Supply WATF,R BOARD, COUNTY OF HAWAII
ROLL CALL VOTE
AYES NOES ABSENT EXCUSED
HECK
HONS__
GOYA
MOCHIDA ~
SCARR
TANAKA
WILKINS
CHAIRMAN
NAKASHIMA
~
4
HAWAII COUNTY COUNCIL
NOTICE OF PUBLIC HEARING
Monday, July12, 2004, 6:00 p.m.
Kealakehe Intermediate School
74-5062 Onipaa Street, Kailua-Kona, Hawaii
WATER SYSTEM IMPROVEMENT DISTRICT
KONA COASTVIEW and KONA WONDERVIEW SUBDIVISIONS, NORTH KONA, HAWAII
TMK Plat Nos. (3)7-3-13, -014, -015, -016, -022, -023, -028
TO THE OWNERS OF LANDS TO BE ASSESSED WITHIN SAID WATER SYSTEM
IMPROVEMENT DISTRICT AND TO ALL PERSONS INTERESTED GENERALLY:
Pursuant to Reso]ution No. 197-04 adopted on June 16, 2004, the Hawaii County Council shall conduct a Public Hearing
to inform the owners of properties to be assessed for [he costs of the Kona Coastview and Kona Wonderview Water
System Improvement District of the final project costs and financing thereof, project timetable, proposed amended
preliminary assessment roll, prepayment terms, procedures for application of reduced assessment, and opportunity and
procedure for protest of the Improvement District as provided in Chapter 12, Hawaii County Code.
Pursuant to the requirements of Chapter 12, Hawaii County Code, notice is hereby given of the following:
1. General Details of Proposed Improvements
This Water System Improvement District was established and defined by Hawaii County Council Resolution No.
220-02, Draft 2, adopted on June 19, 2002 and Resolution No. 237-02 adopted on September 25, 2002 to consist of
the design, constmction, acquisition and installation of a public water delivery system meeting Hawaii County
Department of Water Supply standards for the Kona Coastview and Kona Wonderview subdivisions, and
thereafter conveyed, operated and maintained by the Department of Water Supply.
This Improvement District consists of 437 assessment units consisting of existing lots and condominium units
within the Kona Coastview and Kona Wonderview subdivisions contained in Tax Map Key Plat Nos. 7-3-13, -14,
-I5, -16, -22, -23 and -28. The special improvements shall include the removal of all existing meters and laterals
within the improvement district, and the installation of water meters for each of the 437 assessed units within the
improvement disMct. The hnprovement District includes acquisition of two reservoir sites from TMK Nos.
(3) 7-3-022:046 and (3) 7-3-023:088. The water system improvements will include, but not be limited to:
• IQ7261ineal feet 8" ductile iron pipeline;
• l 1,3201ineal feet 6" inch ductile iron pipeline;
• 1,862 lineal feet 4" inch ductile iron pipeline;
• Three (3) pressure reducing valves (PRV);
• "I'hiity-four (34) fire hydrants;
• 225 service laterals; and
• Two (2) 100,000 gallon concrete reservoirs.
2. Revised Determination of Project Costs
Resolution No. 237-02 authorized the Manager, Department of Water Supply to proceed to call for bids on the project
and to acquire two lots for reservoir sites. Thereafter, right-of--way acquisition of two 100,000-gallon reservoir sites
was undertaken at a total cost of $243,384.00. On April 7, 2004 constmction bids for the project were opened. The
low bid from Isemoto Contracting Co., Ltd. was $4,942,024.00. Other bids were received from Goodfellow Brothers,
hic. ($5,795,806.00); Jas W. Glover, Ltd. ($5,888,560.90); and Kiewitt Pacific Co. ($6,940,582.00). The low bid
Exa arc
from Isemoto Contracting Co. Ltd. ($4,942.024.00) was slightly higher than the estimate ($4,788,492.00) prepared by
Inaba Engineering, Inc., the project's independent engineering consultant.
Based upon these actions noted above, fmal project costs are detailed below:
Water System Construction Cost $ 4,942.024.00 (bid; Isemoto Contracting Co. Ltd.)
10% Construction Contingency $ 494,202.00 (10% per Deparhnent of Water Supply)
ROW Acquisition (Reservoir Sites) $ 243,384.00 (actual)
Design and Survey $ 322,385.00 (actual)
Inspection $ 0.00 (in-kind; Department of Water Supply)
Environmental Assessment $ 18,100.00 (actual)
Reserve Fund $ 0.00 (ID Loans: USDA/RUS & Water Board)
Bond Counsel, Underwriting, Printing $ 35,000.00 (estimate)
County Clerk Administrative Cost $ 5,000.00 (estimate)
Total Development Cost $ 6,060,095.00
3. Proposed Assessments of Improvement District Property Owners
Based upon a previous project cost estimate of $4, 600,000 prepared by the Department of Water Supply in 2001, and
a United States Department of Agriculture Rural Utilities Service (USDA/RUS) Letter of Conditions dated April 9,
2002, Council Resolution No. 237-02 anticipated a USDA/RUS grant in the amount of $1,823,600 to be applied
against the project costs, and the remaining $2,776,400 to be provided by a 35-year USDA/RUS loan at 4.75%
interest. Accordingly, [he Notice for the August 2, 2002 Public Hearing estimated the Improvement District
assessment to be approximately $6,353.00 per property owner.
In anticipation of bids determining final project costs, Resolution No. 237-02 stated that "Net Project Costs" meant
"the Project Costs, less any grants which reduce the actual cost of the Water System" and determined that
"assessment units within the Improvement District shall be subject to an assessment calculated by dividing the Net
Project Costs by the number of assessment units within the Improvement District as of the Commencement Date.
Pursuant to the receipt of the low construction bid on April 7, 2004 the Total Development Cost of the Improvement
District, as shown above, is $6,060,095.
The Net Project Cost of the Improvement District, after deducting the USDA/RUS grant in the amount of $1,823,600,
is $4,236,495. This is the amount to be financed by two USDA/RUS loans evidenced by general obligation bonds
totaling $3,696,400 (per USDA Rural Development Letter of Conditions dated April 9, 2002 and Addendum to the
Letter of Conditions dated Apri12Q 2004). In addition, a loan authorization, if needed, up to the amount of $600,000
evidenced by a general obligation bond for a term of five years at a rate of no less than 3% and no more than 4.5%
was made by Water Board Resolution No. 04-02 dated May 25, 2004. The sum of these authorized federal and
Water Board loans is $4,296,400 and is sufficient to finance the Net Project Cost of $4,236,495.
Accordingly, the pro rata assessment for each of the 437 assessed property owners ($4,236,495 / 437 within the
Improvement District is $9,694.50. This amount, $9,694.50, is the amount proposed to be assessed to each of the
437 property owners within the Improvement District.
The County of Hawaii shall adopt general obligation bonds and administer the collection of funds from assessed
owners to service the debt.
4. Anticipated Timeline for the Improvement District
Pursuant to affirmation of the proposed Improvement District by proposed assessed homeowners at the Public
Hearing on July 12, 2004, the County Counci] anticipates that it shall adopt a Resolution of Determination of such
affirmation to proceed on July 23, 2004, followed by a bill for an ordinance to set the Improvement District
assessments and concunent bond ordinance(s) on August 4, 2004 (ls'reading) and August 18, 2004 (2nd reading).
Upon adoption of all such ordinances, it is expected that athree-week bond closing process will follow, with the bond
closing expected to occur on September 9, 2004 and the Notice to Proceed to the given to the contractor on
September I Q 2004 for construction of the Water Improvement District to continence.
5. Installment Payments or Prepayment
Unless paid in full, assessments will be payable in monthly installments sufficient to meet the principal and interest
requirements for the County's general obligation bonds issued for the Improvement District until they mature.
Under Chapter 12, Hawaii County Code, a property owner's assessment may be paid to the Director of Finance in
full, without additional charges, at any time within 30 days after the date of the last publication of the ordinance to set
the Improvement District assessments. After this 30-day period, property owners will also be permitted to prepay the
unpaid balance of their assessments in full, plus a 3% premium on the unpaid balance (unless waived) and interest at
the rate on the bonds until they can be redeemed with the assessment prepayment.
6. Testimony, Protests and Objections
At the Public Hearing to be held on July 12, 2004 the testimony of all interested persons and owners of assessment
units for or against the establishment of the Improvement District, the extent of the Improvement District, and the levy
of the special assessment shall be heard. This Public Notice hereby advises all interested parties that, in accordance
with & 12.10(e) and 612.12, Hawaii County Code, a protest against makin¢ all or part of the proposed improvements
or against the methods by which such assessments are to be made, or the inclusion of certain costs therein must be
submitted in writing to be considered by the Council. Such written protests or objections may be mailed to: County
Clerk, County of Hawaii, 25 Aupuni Street, Hilo, Hawaii 96720 prior to the date of the Public Hearing, or such
written protest may be submitted in person at the date and time of the Public Hearing.
In the event that less than 50% or more of the owners of assessment units file written protests at or before the Public
Hearing against making all or part of the assessments, or part of the proposed improvements, or against the methods
by which such assessments are to be made, or the inclusion of certain costs therein, the County Council may proceed
to establish the Improvement District and levy assessments by ordinance.
7. Time and Place of Public Hearing
A Public Hearing will be held before the Hawaii County Council on Monday, July 12, 2004 at 6:00 p.m. at
Kealakehe Intermediate School at 74-5062 Onipaa Street, Kailua-Kona, Hawaii to consider the matter of the
Improvement District.
Please examine Council Resolution No. 197-04 (enclosed), a Resolution Amending the Establishment of a Water
System Improvement District for the Kona Coastview and Kona Wonderview Subdivisions and Setting a Public
Hearing to Present Final Net Project Costs, Financing Thereof, Proposed Assessments, and Related Matters. Related
addenda and documents available for public review and inspection include:
(1) USDA addendum dated April 20, 2004 to its better of Conditions dated April 2, 2002 increasing the Rural
Utilities Service loan to $3,696,400 from Lorraine P. Shin, State Director, USDA Rural Development Office;
(2) Water Board Resolution No. 04-02 dated May 25, 2004 authorizing a loan up to the amount of $600,000
from the Department of Water Supply to the County of Hawaii evidenced by a general obligation bond for a
term of five years beginning from the full disbursement of the loan at a rate of no less than 3% and no more
than 4.5%;
(3) Amended Preliminary Assessment Roll dated July 12, 2004 for the Kona Coas[view Kona Wonderview
Water Improvement District; and
(4) Bids (tabulation) received by the Department of Water Supply for Construction of the Kona
Coastview/Wonderview Water System Improvements, Job No. 2001-790, dated April 7, 2004.
These documents may be seen and inspected at: (a) the Office of the County Clerk, Hawaii County Building, 25
Aupuni Street, Hilo, Hawaii; (b) the Kona Councilmembers' Office, 77-6399 Nalani Street, Suite 104, Kailua-Kona,
Hawaii; and (c) the Office of the Mayor, Hanama Place, 75-5706 Kuakini Highway, Suite 103, Kailua-Kona,
Hawaii.
All interested persons are invited to attend and they shall be afforded the opportunity to be heard. The meeting place
is accessible for persons with physical disabilities. Persons who need special accommodations to attend this Public
Hearing should ca11961-8255 by July 8, 2004. Persons using TDDs may call 961-8521.
BY AUTHORITY OF THE HAWAII COUNTY COUNCIL
COUNTY CLERK, COUNTY OF HAWAII
(Hawai`i Tribune Herald -Publication Dates: June 25, 2004 and July 4, 2004)
(Wes[ Hawaii Today -Publication Dates: June 25, 2004 and July 4, 2004)
Hawaii County is an Equal Opportunity Provider and Employer.
IMPROVEMENT DISTRICT INFORMATION SUMMARY
1. PROJECT COSTS /NET PROJECT COST /ESTIMATED ASSESSMENT
PROJECT COSTS:
Water System Construction Cost 4,942.024.00 (bid; Isemoto Contracting Co. Ltd.)
10% Construction Contingency 494,202.00 (10%per Department of Water Supply)
ROW Acquisition (Reservoir Sites) $ 243,384.00 (actual)
Design and Survey 322,385.00 (actual)
Inspection 0.00 (in-kind; Department of Water SuPPIy)
EnvirorunentalAssessmen[ 18,100.00 (actual)
Reserve Fund 0.00 (ID Loans: USDA/RUS & Water Board)
Bond Counsel, Underwriting Printing $ 35,000.00 (estimate)
County Clerk Administmtive Cost 5,000.00 (estimate)
Total Development Cost $ 6,060,095.00
NET PROJECT COST:
Total Development Cost $ 6,060,095.00
(Less - USDA/RUS Grant $ - 1,823,600.00
Net Project Cost $ 4,236,495.00
ESTIMATED ASSESSMENT:
$4,236,495 divided by 437 assessed owners = 9 694.50*
• subject to amendment upon final accounting of "County Clerk Administrative Cost"
• Assessments may be reduced with the addition of new CPR properties subject to
assessment
2. PROJECTED PAYMENTS
AMORTIZATION SCHEDULES FOR THE THREE ID LOANS BASED ON 437 ASSESSEES:
Year 1: (from 9-30-04 bond closing date)
Interest only payments based on contractor's projected draw schedule: $82.00/quarter
Year 2-6:
$2,776,400 @ 4.75% for 34 years
$920,000 @ 4.375% for 34 years
$540,095 @ 4.5% fors years** $66.16/month*
Year 7-35:
with DWS loan paid off $42.70/month*
* includes $1.00 collection fee
assumes maximum rate with aone-year interest only period plus 5-year amoritization
3. ADDITIONAL COSTS
FACILITIES CHARGE (Water Meter): Payable to Department of Water Supply separate from ID
assessment: $1,190.00 for hook-up to ID water system
F_x N r8 ~T. D
NOTE: Facilities charges wil] be waived for all owners (approximately 119) who made prior
recorded payment of facilities charges to DWS
PLUMBING CONNECTION: Costs for owner's hookup from dwelling unit to DWS water meter.
4. PREPAYMENT AND PROPOSED T IMETABLE: PREPAYMENT PENALTY
It is anticipated that property owners wishing to prepay the full assessment (estimated as of 7-12-04 to be
$9,694.50) and thereby avoid interest payments on the ID loans may make payment to the Finance Director,
County of Hawaii from the period beginning August 25, 2004 until September 24, 2004. Upon adoption of a
Council ordinance setting the assessment for the Improvement District, owners will be notified by certified mail
of this one-month "prepayment" period. After this 30-day period, property owners will also be permitted to prepay
the unpaid balance of their assessments m full, plus a 3% premium on the unpaid balance (unless waived) and interest at
the mte on the bonds until they can be redeemed with the assessment prepayment.
5. PROJECT /LEGISLATIVE ACTION TIMETABLE
July 12 Public hearing (Kealakehe Intermediate School, 6pm).
July 23 Council Resolution of Determination based on 7/12 public hearing
July 24 USDA/Rural Development requests Closing Instructions
Aug 4, 18 ID Assessment and bond ordinances, 1" & 2"d reading.
Aug 25 Construction contract reviewed by Corp Counsel and RD
Aug 25 Notice of award issued
Aug 25 Published and certified notice of prepayment
Sep[ 8 Construction contract executed (shortened to 2 weeks since contract already reviewed by
Corporation Counsel and Rural Development)
Sep[ 13 USDA/Rural Development concurrence of construction contract
Sept 24 30-day prepayment period ends
Sept 28 DWS loan closes
Sept 30 RD loan closes (before federal fiscal year ends to avoid higher interest rate)
Oct 25 Notice to proceed
Oct 26 Tentative date for preconstruc[ion conference; followed by an open "ground blessing"
event.
Dec 31 Connector roads to Kaiminani open.
12/20/05 15-month construction period substantial completion.
6. RIGHT TO SEEK REDUCTION IN ASSESSMENT
Chapter 12-29 (b), Hawaii County Code, allows a proposed assessed owner to submit an application [o the
Director of Finance to pay a reduced assessment based on costs associated with the issuance of bonds.
However, as there is no reserve fund established for the Improvement District, the only savings to be realized, if
approved, would be [he bond counsel expenses amounting [o approximately $80 ($35,000 divided by 437 units).
7. INFORMATION TO COMMUNITY
The Department of Water Supply anticipates providing periodic Improvement Dis[ric[ update reports to [he
residents of Kona Coastview and Kona Wonderview on the status of project construction via its county website
at http://www.hawaiidws.org.
PUBLIC HEARING
Kona Coastview/Wonderview Water Improvement District
July 12, 2004 - 6:00-8:00 p.m.
Kealakehe Intermediate School
Chair: Councilman Curtis Tyler
I. Introduction
• Welcome/Aloha
• Introduction of Council Members
• Purpose of public hearing as required by Chapter 12, Hawaii County Code:
The purpose of this Public Hearing is to provide a project update and to hear and receive
oral and written testimony. Afterwards, in accordance with Section 12-17, Hawaii
County Code, "the council shall consider any protests, objections or suggestions which
may have been made or filed and whether sufficient valid protests have been filed to
compel it to abandon any paK or a[I afthe proposed improvement Ifthe council still
has jurisdiction to continue it shall then proceed, determining whether or not the
proposed improvement shall be made as proposed, or made with modifications."
(a) No Council action will be taken at this hearing; the Council's role is to listen to the
public.
(b) Pursuant to Council Resolution No. 220-02 and Resolution No. 197-04, any statements in
opposition to the Improvement District must be submitted by owners in writing by the
close of the hearing, as set forth in Chapter 12.
(c) Summary: Public Notice requirements have been fulfilled by:
I . Newspaper publication in 2 newspapers each, with notarized Affidavits of
Publication received from West Hawaii Today and the Hawaii Triba~ne Herald
2. Posting of notices in Kona Council Office, Kona Mayor's Office, and the Hawaii
County Building .
3. Certified mailing of Public Notice, including the full text of Council Resolution No.
197-04 sent to each property owner within the proposed ID
(d) Introduction of county departmental staff, bond counsel and contractors present, who are
on hand to answer questions to the best of their ability regarding the project
1. Milton Pavao, Quirino Antonio, Glenn Ahuna, Shari Komata -Department of Water
Supply
2. Bruce McClure, Director, Department of Public Works; and Robert Yanabu, DPW
3. Roy Takemoto, Deputy Director, Planning Department
4. Michael Okumoto, Treasurer, Finance Department
5. Bobby Jean Leithead-Todd, Office of the Corporation Council
6. Connie Kiriu and Rory Flynn, Legislative Auditor's Office
7. Brian T. Hirai, bond counsel
8. Jason Inaba, Inaba Engineering (project design survey consultant)
9. Duran Spencer and Scott Yoshimura, Isemoto Contracting Co., Ltd.
10. Jay Mende, Deputy County Clerk
II. Statement of Meeting Protocol
• Request that each member of the public identify themselves by name, address, and indicate if
they are a property owner, tenant, or other party.
• Request that each speaker limit their testimony to 3 minutes in order to allow others to speak.
• Indicate that if a speaker has a question(s) regarding the ID, to frame their question and allow
an appropriate County staff person to respond briefly
• State that the meeting place has been reserved for a specific period of time and the hearing
will conclude at 8:00 p.m.
• Request respect and civility from all present.
III. Project and Legislative Update -Rory Flynn, Legislative Auditor's Office
N. Connector Road Considerations -Bruce McClure, Department of Public Works
V. Commence Public Testimony - 6:30-7:45PM
VI. Concluding Remarks - 7:45PM
• The Deputy County Clerk, for the record, shall state the total number of written
communications received -for and against the ID resolution by owners; and for and against
by "others" - at the close of the meeting.
• State that a written transcript of the hearing will be prepared and shared with those Council
members not in attendance, and shall be available from the County Clerk's Office.
• Indicate that the Council's next action is the preparation of a Resolution of Determination to
proceed with the ID.
• Thank all for coming
• Adjourn.
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PUBLIC HEARING ' ~ ~ ~ ~^r r'
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HAWAII COUNTY COUNCIL
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Water System Improvement District
Kona Coastview and Wonderview Subdivisions
North Kona, Hawaii
Kailua-Kona, Hawaii
Monday, July 12, 2004
CALL TO ORDER: A public hearing to inform the owners of properties to be assessed for the
costs of the Kona Coastview and Kona Wonderview Water System Improvement District
relating to the final project costs and financing thereof, project timetable, proposed amended
preliminary assessment roll, prepayment terms, procedures for application of reduced
assessment, and opportunity and procedure for protest of the Improvement District as provided in
Chapter 12, Hawaii County Code, was called to order by Acting Chairman J. Curtis Tyler, III, at
6:05 p.m., at the Kealakehe Intermediate School, 74-5062 Onipaa Street, Kailua-Kona, Hawaii.
ATTENDANCE:
Present: Council Chairman James Y. Arakaki
Council Member Leningrad Elarionoff
Council Member Bob Jacobson
Council Member Joe Reynolds
Council Member Michael C. Tulang
Acting Chair J. Curtis Tyler, III
Absent & Excused: Council Member Aaron S. Y. Chung
Council Member Fred C. Holschuh, M.D.
Council Member Gary Safarik
Also Present: Connie Kiriu, Legislative Auditor
Jay Mende, Deputy Clerk
Rory Flynn, Fiscal/Program Review Auditor
Milton Pavao, Manager, Water Supply Department
Quirino Antonio, Deputy Manager, Water Supply Department
Glenn Ahuna, Division Head, Water Supply Department
Shari Komata, Civil Engineer III, Water Supply Department
Bobby Jean Leithead-Todd, Deputy Corporation Counsel, Ofe., of the
Corp. Counsel
Michael Okumoto, Treasurer, Finance Department
Bruce McClure, Director, Public Works Department
Harry Kim, Mayor (came in later)
Hawaii County Council -Public Heazing, Kailua-Kona, Hawaii July l2, 2004
Peter Hendricks, Deputy Managing Director, Office of the Mayor
(came in later)
Connie Kiriu, Legislative Auditor, Ofc. of the Leg. Aud. (came in
later)
Alfred Robello, Executive Assistant to the Chairman
Glynis Yamada, Council Services Supervisor
Donna Lynn K. Leonard, Council Services Assistant II
(There were approximately 150 people in attendance.)
ACTING CHR. TYLER: Good evening. It's five-minutes after six and
I'd like to call this public hearing of the Kona Coastview/Wonderview
Water Improvement District to order. Today is July 12`h, 2004-and as I
said, it's 6;05. We're here at the Kealakehe Intermediate School and we
thank the Department of Education for making this facility-public
facility available.
Good evening. I'm Councilman Curtis Tyler and-as I think you know-
I']I be chairing the meeting this evening at the request of the Council
Chair, Mr. Jim Arakaki, who I believe is on his way.
I want to welcome everyone and say "aloha, kakou pakahi apao"
Aloha
to everyone this evening. Thank you very much for coming. And I
believe you were handed out some materials. I'm just going to be
following the blue sheet this evening. You want to follow along with me,
that's fine. This is to make sure that we keep on track with respect to our
law.
I'd like to begin by introducing the Council Members here this evening.
And I'm going to begin on my right-my far right here, with Mr. Joe
Reynolds, also Mr. Mike Tulang-as I said, I'm Curtis Tyler-
Mr. Leningrad Elarionoff and Mr. Bob Jacobson. And Mr. Aaron Chung,
Gary Safarik, and Dr. Fred Holschuh are excused this evening. They have
provided me with advanced notice of their inability to be here.
I want to thank all of you who made an effort-a special effort to be here
this evening-to hear from the people of District 8-and, in particular, the
Coastview and Wonderview residents.
PURPOSE OF The purpose of this public hearing as required by Chapter 12 of the Hawaii
THE HEARING: County Code is to provide a project update and to hear and receive oral and
written testimony. Afterwards, in accordance with Section 12-17 of the
Hawaii County Code, "the council shall consider any protests, objections or
suggestions which may have been made or filed and whether sufficient valid
protests have been filed to compel it to abandon any part or all of the
Page 2
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
proposed improvement. If the council still has jurisdiction to continue it
shall then proceed, determining whether or not the proposed improvement
shall be made as proposed, or made with modifications"-and that's a quote
from the Hawaii County Code.
I wanted to remind you that no Council action will be taken at this
hearing. The Council's role, this evening, is to listen to what you folks
have to say-pro or con or otherwise-to the subject of the Water
Improvement District.
Pursuant to Council Resolution Number 220-02-that was in the Year
2002-and Resolution 197-04-passed this year-any statements in
opposition to the Improvement District must be submitted by owners in
writing by the close of the hearing as set forth in Chapter 12-and that is
this hearing.
Pm on number "(c)"-public notice requirements under our Code have
been fulfilled by: Number 1) Newspaper publication in two newspapers,
each with notarized "Affidavits of Publication" received from West
Hawai `i Today and the Hawai `i Tribune-Fterald; Number 2) Posting of
notices in the Kona Council Office, Kona Mayor's Office, and the Hawaii
County Building; and Number 3) Certified mailing of public notice,
including the full text of the Council Resolution Number 197-04 sent to
each property owner within the proposed Improvement District.
This evening, before we begin the presentation, I'd like to introduce the
County department staff, bond counsel, and contractors present who are on
hand to answer your questions, to the best of their ability, regarding this
project.
First, this evening, I'd like to introduce from the Department of Water
Supply Mr. Milton Pavao-Mr. Pavao, would you stand? Would you
stand-is it-Mr. Pavao's in the back; Mr. Quirino Antonio, Mr. Glenn
Ahuna, and Shari Komata. We thank you all for being here and for your
efforts an behalf of this community.
From the Department of Public Works we have Mr. Bruce McClure,
who's the Director; and Mr. Robert Yanabu, Engineer. Gentlemen, thank
you. We appreciate you being here.
Number three, we have from the Planning Department the Deputy
Director, Mr. Roy Takemoto. Mr. Takemoto, good evening. Thank you
for coming.
And I also understand that our Mayor, Mr. Harry Kim, has just come in.
Good evening, Mayor, thank you so much for being here. He's in the
back. Thank you, sir.
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
Also, from the Finance Department we have our Treasury-Treasurer,
Mr. Michael Okumoto. Mr. Okumoto, thank you for being here. Also,
from the Office of the Corporation Counsel, our former colleague on the
Council, Mrs. Bobby Jean Leithead-Todd. Good evening, thank you for
being here. Thank you for your kokua.
From the Legislative Auditor's Office, we have the Legislative Auditor
Connie Kiriu-I know she's en route. Did she make it? Connie, thank
you. And also, our Fiscal Program Review Auditor, Mr. Rory Flynn, who
has worked very closely with all these other gentlemen-ladies and
gentlemen-to make this possible to this point. Thank you, Mr. Flynn.
Also, Mr. Brian T. Hirai, our Bond Counsel Mr. Hirai, good evening,
thank you for being here, sir. And Mr. Jason Inaba of Inaba Engineering,
the project design and survey consultant. Good evening, sir, thank you.
Mr. Duran Spencer and Scott Yoshimura, representing Isemoto
Contracting Company, Ltd., who was the low bidder on the project.
Gentlemen, good evening, thank you. And, finally, Mr. Jay Mende, the
lleputy County Clerk. Mr. Mende, good evening. And he will be
receiving any protests or letters.
Next, I'd like to move on to the "Statement of Meeting Protocol"
just so
we can have an orderly meeting. As we did last time, we met in this room
to discuss this matter. First, I requested each member of the public
identify themselves by name, address and indicate if you are a property
owner, tenant, or other party-that is, when you come forward to speak. I
request that each speaker limit your testimony to three-minutes in order to
allow others to speak. And if there's time at the end and you wish to
speak again and there's no one else who wishes to speak-I may afford
you that opportunity.
Please indicate if you have a question regarding the Improvement District
and to please frame the question and allow an appropriate County staff
person to respond briefly. I will be facilitating the meeting and these
kinds of questions and answers.
State that the-1 wanted to let you know that the meeting place has been
reserved for a speeiftc period of time this evening-as it was the last time
we met here. And the hearing will conclude at 8 p.m.-if it has not
previously been concluded. And, finally, 1 would just respect-as we
always do in our meetings and I'm sure you will comply-respect and
civility from all present-when somebody's speaking, give them an
opportunity to speak and when your chance comes up, we'll give you the
equal opportunity.
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
At this time, Ladies and Gentlemen, I would like to call on Mr. Rory
Flynn from the Legislative Auditor's Office, who will provide you and all
of us with a project and legislative update. Mr. Flynn, good evening, and
thank you, sir, for arranging for all of this. I'll turn the meeting over to
you-for now.
(At this time, Mr. Rory Flynn, Fiscal/Program Review Auditor,
Legislative Auditor's Office, came forward to address the Council
and the public.)
MR. FLYNN: Thank you very much. It's good to see such a solid turnout
of people from the community. To my recollection-from my experience
with this project, this is actually the third meeting we've had here. We last
wanted to meet with the public around the Improvement District in August
2002. And at that public meeting a number of steps were taken afterwards
to proceed to the project that brought us to this state.
Many of you may recall that before that meeting, we had an informational
public meeting. It was really invited by Mayor Kim, who is here, who
wanted to hear from as many of you as possible and, really, get a sense of
how best to move forward with this. And, since that time, I know this has
been a major initiative and priority of the Administration.
What I wanted to do tonight is, first, try to answer as many questions up
front that we thought we might anticipate that you had-and then, we
also-I want to introduce, when I finish, our Director of Public Works,
Bruce McClure, who's going to talk about some connector roads and some
work that's going to be done there in the coming months. And then our
job, really-and all the County staff here-will be to heaz your comments
and questions and do our best to try to answer your questions.
I wanted to briefly summarize why this public meeting was called tonight.
After the public meeting in August 2002, a number of steps were taken
based upon, really, a favorable response from the community to move
forward with the project. Just briefly, they include directing the
Department of Water Supply to proceed with a contract for the survey and
design of the project-and that work was done by Inaba Engineering and
some of their people are here today-as well as to purchase-and this was
done through a process of friendly condemnation, the two reservoir sites
within the subdivisions-four-two-100,000 gallon reservoir tanks.
When the bid-excuse me. When the design and survey work was
completed by Inaba Engineering in December 2003 late last year-bids
were then issued for the construction of the water system, One of the
handouts that we gave you tonight was the complete bid tabulation
prepared by the Department of Water Supply (SEE COMM. 693.2). And
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
it's, kind of, a critical document because it brings us to the moment that,
really, called for tonight's meeting.
You may recall that when we last met and discussed this project two years
ago, the estimate for the total project costs prepared by the Department of
Water Supply, was approximately 4.6 million. And based upon that
estimate, with the hard work of our Deputy Planning Director Roy
Takemoto, the County made an application to the U. 5. Department of
Agriculture-their Rural Development Office-for agrant/loan combined
financing of the project. And, at that time, the grant awarded through a
letter of conditions from USDA was for $ ],823,600 and the balance was to
be financed through a USDA loan for 35 years.
When we received the bids from the various contractors who bid on this
project, the low bid submitted by Isemoto Contracting, in addition to all
other project costs, basically, increased the total amount of the project
costs to approximately a little over $6 million. And that representing,
basically, an increase of $1.5 million led to two steps that all of us
involved in this project had to take.
The first was to find additional financing for the project. And, again, with
help from-work from our Planning Department-the first initiative was
to go back to the United States Department of Agriculture and say is there
anything-any more support you can lend to this project? And based
upon their formula, they could not throw any more grant dollars on the
table, but they did extend an additional $920,000 in loan authorization.
That left us with a need for an additional 600,000.
And some very quick meetings were held. And it was felt that the best
option-and we explored this with our Office of Corporation Counsel-
was to seek a loan from the Water Board itself, from their cash reserves
to-and-because this is a project that's very dear to them-and they
prepared a resolution. And on May 25`h, unanimously approved a loan not
to exceed five years-and that provided the balance of financing needed
for the project.
Now, the second step in all of this was that all of us involved realized that
we really had new information to present to you. Basically, that the
project was going to cost more than what we last told you. And we had,
again, consulted with our Corporation Counsel and felt that in the spirit of
fairness and in the most literal and faithful reading of our County Code,
we should again convene a public meeting, bring these facts forward to
you, and proceed from that basis.
And that's why we-the Council passed, several weeks ago in a meeting
in Kona, the Resolution that you received in the mail and also being
distributed tonight-that was Resolution Number 197-04 that, basically,
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July l2, 2004
called for tonight's meeting. And then we prepared, really, a rather long
notice about this public hearing to try to bring as many facts forward, so
you already had a sense of what the project costs were and the upcoming
timetable.
I wanted to briefly review this yellow handout that we passed out tonight
because I think it contains some of the critical information that you're-
you want to know and probably want to understand as best as possible
(SEE COMM. 693.6).
The first thing we wanted to present was a summary of the project costs
and, as you'll see, that comes to a little over $6 million. The "Net Project
Cost" represents that amount, less the 1.8 million outright grant that we
received from USDA-and that yields the net project cost. And from that,
we divided that by the number of proposed assessed homeowners within
both subdivisions-and that number is 437-and that yields an
estimated-now, I want to reiterate this-an estimate of the assessment
that the Council is looking at adopting in an ordinance, literally, within a
matter of weeks-and that amount you'll see is just about $9,700.
It is subject to change based upon some of the costs-for instance-
tonight's hearing itself. And down the line looking ahead, it's reasonable
to expect that based upon the past activity in these subdivisions and,
particularly, upon completion of this system-that some property owners
will likely CPR their properties and we'll see new condominium units,
which will add to the number of assessed units within the Improvement
District and, thereby, actually, lower the assessment for all the first people
designated as assessed homeowners.
The second information we wanted to bring forward with some help from
our Treasurer, Mike Okumoto, was a-and, again, these are estimates but
we feel pretty confident that they're on the ball-what you could expect in
terms of billing once this project begins. In the first year or up to I S
months during the construction period, we expect that you will be billed
quarterly-not monthly, but every three months. And the amount of that
quarterly billing would be $82. And that billing would include a-as
you'll notice in a footnote, a $1 administrative collection fee from our
Department of Finance.
In Years 2 through 6, which would include the period of the Water Board
loan in support of this project-we expect that billing would be $66 a
month and, thereafter, for the term of the USDA loan, we expect the
billing would be $42.70 a month. That-I want to say two things about
these figures, realizing very much that these are costs that you're going to
bear and write checks for monthly for the balance of this Improvement
District. There are, sort of, two mitigating factors to consider in all of this.
The first-and we can only estimate what it might be-buC this project
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
will bring 34 ftre hydrants into your subdivisions. And that improvement
is going to and should, definitely, make a change for the better in terms of
your fire insurance premiums.
The second thing I wanted you to know--I asked our Bond Counsel Brian
Hirai, who's here tonight, who came from Honolulu, about the matter-is
any of this tax deductible? And it turns out that the interest, as far as both
Federal and State taxes-not the principal, which would be the $9,700
amount-but interest that you pay on this would be tax deductible. And a
little later, I'm going to have Brian cite the exact section from the Tax
Code that you might want to reference about that.
In addition to the amount of the proposed assessment, there will be
additional costs entirely separate from the Improvement District, is the
"facilities charge", basically, the charge for the water meter that the
Department of Water Supply charges-that amount is $1,190. And for
their purposes, they would seek your payment of that amount, as early as
possible, upon start up of the project. There is an additional, Ithink-
Milton can probably talk about this-I think an additional $75 hookup
charge with that facilities charge.
The final cost that you would bear would be the plumbing connection
from the water meter-each property within the subdivision would have a
meter fronting your property to your home-to your dwelling. And for
some of you that may be something you can do yourselves-for others it
may mean that you're going to hire a plumber. Looking ahead from
today's date to the actions I'll discuss next about what steps come next-
it's reasonable to think that this is a charge that you're going to face-
looking 15 months of construction-maybe in 17 or 18 months-at which
point we may have a "Plumber's Full Employment Act" in Kona. So-
but you might want to think about what that cost will mean to you and
prepare for that as well.
The next thing I wanted to mention is the allowance and the terms for
prepayment. Prepayment, basically, means that you will pay the full
amount of the assessment-and having done so, not bear the cost of
billing of any interest associated with the project. It does not lessen the
amount of the assessment, which we're estimating to be $9,700. And it--
that period, under our County Code, which is basically one month
following action on the Council ordinance to set the assessment for this
project-we anticipate would begin August 25`h and end on September
24". Now, I realize that is a short window in a sense of opportunity to pay
the full assessment with no interest and no penalty-but we wanted to
bring that information forward to you with at least as much notice as we
could tonight.
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Hawaii County Council -Public Nearing, Kailua-Kona, Hawaii July 12, 2004
After that 30-day period, you may prepay the unpaid balance of the
assessment at any time, in full, with a 3%, basically, penalty premium on
the unpaid balance and interest on the rate of the bonds until they can be
redeemed with the assessment prepayment.
These-I want you to know that as this project commences, we expect
that
you to be billed by the Department of Finance of the County of
Hawaii, and any prepayment would also be made to the Finance Director
of the County.
The next information I want to summarize briefly and I'm assuming,
basically, forward progress based upon tonight's meeting and
discussion-is the timetable we have outlined for upcoming Council
actions, and actions to complete loan closing, and get Co the point of a
"Notice to Proceed" to the contractor.
You'll see-I'm beginning from today's date, July 12`x, and this public
hearing-the next step would be a "County Council Resolution of
Determination", followed by a-and all these things would, basically,
happen together-a Council ordinance setting the assessment for the
homeowners in the Improvement District.
And that would be accompanied by three bond ordinances. I want to
explain that carefully so we can appreciate that. When we began this
project and went to USDA, as I mentioned earlier, we were quoted-
"Here's what you can get in the amount of a grant and here's the balance
of your estimate of project costs in the form of a loan"-based upon the
winning construction bid and the need for more money, we went back and
got an extended loan authorization. That, basically, isthat--creates a need
for a second bond for that amount. The third bond would be for the
amount of the Water Board loan in support of the project.
Now, we're not going to know exactly how much money we'll be loaned
until this period of prepayment expires in the last week of September.
Obviously, any money that you prepay is less money that we have to loan
to make this project go. So, prepayment is welcomed. I can, certainly, let
you know that. And actions associated with these loan amounts will
follow in the wake of any monies received during that month.
The key date in looking at this project schedule that I want to bring to your
attention is September 30"'. Why? Because that is the end of the Federal
fiscal year. Two years ago when we began this project, in terms of formal
Council actions established in the Improvement District, we estimated an
interest rate-when interest rates were, historically, as low as they've ever
been. And we looked at the USDA loan program and we estimated that
the cost of a loan should be no more than a.75%. In this last Federal fiscal
quarter, just as I'm sure you've been following stories about Alan
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Hawaii County Council-Public Hearing, Kaihia-Kona, Hawaii July 12, 2004
Greenspan and slowly but inevitably, rising interest rates-the USDA loan
rate went from 4.375% to exactly 4.75%. Our goal is to lock in that
interest rate, in the last quarter of this fiscal year, before it will likely
increase and, actually, force us to create a new authorization for a higher
interest rate. It's our goal to try to secure the lowest interest financing
possible for the residents of Coastview acid Wonderview.
The second loan amount to bring to your attention is the Water Board loan
I mentioned, which would be a 5-year loan. That loan rate, as you'll see in
the first page, we anticipate to be at 4.5%-a, somewhat, lower rate.
Why? Because it's ashorter-term loan. In the big scheme of things, I
think most of you understand that any loan under 5% is a very, very
favorable situation. We're determined to try to take all the steps the
County Council has to take and our Treasurer and Bond Counsel-in
terms of loan closing-to make this project successful.
I might mention-and I'm going to have to dig some through paperwork I
have. But we received a really rather wonderful letter last Friday from
Lorraine Shin, who's the State Director of the USDA Rural Development
Office, really, welcoming your support and for championing the efforts of
everyone concerned (SEE COMM. 693.10). This is a remarkable
precedent in terms of, really, any infrastructure project of this kind, for
this amount of Federal USDA money to be supporting this project.
I want to reiterate that, in this brief presentation, that the purpose that
brought us together here tonight was, basically, to be as up front and
forthright as possible in letting you know that the winning construction bid
was more than we estimated three-and-a-half years ago. In the material
we handed out, we wanted you to see all other bids because you'll notice
in some of those bids, were for up to $2 million more (SEE COMM.
6932). It's important to note these figures because the contractor, the
winning contractor, has also been generous enough-when we approached
the company and explained-"We have, yet, to undertake all these
additional steps to complete loan closing-can you hold your price for an
additional 60 days?" And he said, "Yes".
All of this is pointing from today's date, in mid-July to August and
September-and the time that we want to conclude the financing of this
prajeet successfully.
There are two more items I want to mention here. The first concerns a
right you have, under Chapter 12 of our County Code, to apply for a
"reduction in assessment". Now, I want to make it very clear-you have
the right to do this, speaking in the sense as a lay person, because no
action has bee taken on this. I'm not so sure that any such request would
be looked on favorably-and I want to explain that.
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
The right you have, really, beginning with tonight's meeting to-in
writing, send a request to our County Clerk for a reduction in
assessment-is, really, based on any cost, if you prepay in full, that are
typically associated with the floating of bonds in support of this project.
And, usually, in cases like this where there is a so-called "reserve fund",
in-lieu of the kind of general obligation bonds to secure this project that
we anticipate-there is no reserve fund for this. The only other cost and
we mention this, again, trying to be clear with you-it could be, I think,
considered a basis for any reduced assessment-would be the fee of our
Bond Counsel and his law firm.
As you'll notice in our project costs, that amount is $35,000. By the way,
that amount did not change when we moved from one, to two, to three
bonds that are required to finance this project. I have an associate over
here from our Clerk's Office who-I'd like to bring something that you
may have heard a lot about life but never seen-and she is going to show
you what a bond looks like. Ladies and Gentlemen, that is a single bond.
That's what these things are all about. We're looking at passing three of
them to make this project happen and wrap it all up in the next ten weeks.
It's a considerable process.
So I wanted to bring this to your attention and please feel free to ask more
questions about this. In looking at the legal fees, we could see nothing
more than a request for $80 reduction and, frankly, when I say that this
may not be looked upon favorably, I'm trying to be honest
this project
would not be happening without bond financing. So, anyone who prepays,
which is certainly a welcomed step-nonetheless, that does not, in a sense,
relieve you of the overall scope of financing that makes this project
possible.
So the-in fairness, we wanted to bring this to your attention. And if you
have questions, I'll be happy to share and get the paperwork concerning
this section of the County Code to you-but in many respects, this is a
munini detail of not much substance.
The final thing I wanted to let you know is that we expect this project to
commence in, hopefully, in October. And it is the plan of the Department
of Water Supply to use their website-and I've provided that website
address for you-to give you periodic updates on where construction
stands. So you can, kind of, measure what you're seeing on the ground
with what they're telling you and the work performed by the contractor.
We hope that that turns out to be, at least, one vehicle of helpful
communication to you.
I'm going to try to wrap this up and turn it over, briefly, to Bruce McClure
now who-he is here from our Department of Public Works and he wants
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
to talk to you and, hopefully, if you can't easily see this map, Bruce will
talk about it and take a closer look if you have the time.
(At this time, Mr. Bruce McClure, Director, Public Works
Department, came forward to address the Members and the
public.)
MR. McCLURE: Good evening. I'll make it as short as possible. In
order to increase circulation within your two subdivisions and the greater
community, we are looking-working with the private sector to get a
number of roads interconnected.
The one at the very bottom or makai side, which is (inaudible) Holoholo,
we believe that one should be completed in December. Normally, there's
a dedication process at which point the person turns over the property to
the County and through a series of adoption by the Council, it becomes
County property-it would then be opened to the public. Wow,
bureaucratic process-guess how long that takes? Six to nine months. So
that's intolerable. So we're not going to do that.
So what we've been is in discussions with the landowner-and what we're
going to do is get a "grant-of-easement" and as a part of that grant of
easement we will-we're looking to indemnify him and hold him
harmless should there be an accident on Day one or Day two-he's
automatically going to be named on the suit and he's going to say, "Hey, I
didn't want to give you the road. I wasn't ready." So it's-that's what
we're looking to. And he's agreeable to this in principle. So we will be
working closely with him. So when the road is pau shortly thereafter, it
will be opened to the public.
The existing road at Holoholo and Keokeo-is the one that's barricaded
and there's been a "Gentlemen's Agreement" that this one will not be
opened until additional other roads are open. The very top one-Kiekie
and Iliili-the developer's plan is 12 to 18 months before he's completed.
So, more than likely, that will not be opened during the duration of the
project.
So the third one we have is Kauhale and Ahiahi-actually, most of it is
finished. There's a 300-foot stretch, which is this person owns two lots-
this second lot is not ready to be subdivided, but we're in negotia-we
will be in negotiations with them to see if we can work out some kind of a
grant-of-easement and, possibly, build a substandard road of some type
just to increase circulation.
So those are what our plans to make the traffic work better during this
time and forever.
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
ACTING CHR. TYLER: Thank you, Mr. McClure. Thank you,
Mr. Flynn.
At this time, I would like to move on to the public testimony section of our
most important section of our schedule this evening. And I have a number
of individuals who have already signed up to speak. If you wish to speak
and if you have not filled out one of the request to speak form, please see
the staff over there at the table.
And I'm just going to begin in the order at which they were taken. Our
first speaker this evening is Mr. Ben Chong, representing himself.
Mr. Chong, good evening. If you could just come to the table here? Also,
if you have some questions, there's a question form, if you could just fill
them out and give them to the staff member. Mr. Chong, good evening.
Aloha.
BEN CHONG: The Chair called on Mr. Ben Chong, who made the following statement:
MR. CHONG: Yeah. I just want to ask one question and I don't know
who I'm directing this to. My name is Benjamin Chong, I live on Loloa-
73-1183-and I enter my home from Loloa. In the back of my street is
Mahilani. Now, my street that I live on-Loloa and Mahilani-they
connect from Kiekie Street-Keiki (Kiekie) Street. And Keiki (Kiekie)
Street, on the intersection with Keiki (Kiekie) and Mahilani, there's eight
water meters. And my water meter connected to that, come up in [he back
of my property, to my property. So my waterline does not go on Loloa. It
comes from, at the back of Mahilani, to Keiki (Kiekie) Street, on that
intersection, in the back of my home.
Would that waterline be disturbed on Keiki (Kiekie) Street? This is my
question.
ACTING CHR. TYLER: Okay. Mr. Pavao? Is someone from the
water-Department of Water Supply want to field that question?
Mr. Pavao's coming or one of his staff members.
So you're-Mr. Chong, the water comes from the Mahilani-the County
Mahilani system, right?
MR CHONG: Yes.
ACTING CHR. TYLER: And it comes across that road towards Holu
street, right?
MR. CHONG: Yeah-well, no. I live on Loloa
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
ACTING CHR. TYLER: Yeah.
MR, CHONG: And in the back of my house, there's Mahilani.
ACTING CHR. TYLER: Right.
MR. CHONG: Now, these two streets connect to Keiki (Kiekie) Street.
ACTING CHR. TYLER: "Kiekie". Right.
MR. CHONG: Yeah. Kiekie Street. But Kiekie and Mahilani intersect.
And that's where my waterline is.
ACTING CHR. TYLER: Okay.
MR. CHONG: So my waterline come from the back of my house. So my
question, to whoever it is, will this waterline or the meters-get eight
meters-be disturbed on Kiekie Street in this project?
ACTING CHR. TYLER: Okay.
MR. CHONG: That's my question.
ACTING CHR. TYLER: So you're-while they're conferring about
who's going to answer this question-
MR CHONG: Yeah.
ACTING CHR. TYLER: Your waterline from the meter-
MR CHONG: Yes.
ACTING CHR. TYLER: Runs over whose property to get to your home?
MR. CHONG: My neighbor now, on Keiki (Kiekie) Street on the
corner-he gave me water rights to run my waterline on his-I have all
the documents.
ACTING CHR. TYLER: An easement.
MR. CHONG: These are-yeah. Easement. This was made in '78.
ACTING CHR. TYLER: Okay.
MR. CHONG: So will my waterline be disturbed?
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
(At this time, Mr. Glenn Ahuna, Division Head, Water Supply
Department, came forward to address the Council and the public.)
MR. AHUNA: Well, according to the plan that-
ACTING CHR. TYLER: Sir, would you introduce yourself so people
know?
MR. AHUNA: My name is Glenn Ahuna and I'm Head of the
Engineering Division for the Water Supply.
But the intent of this project was to eliminate the consumer lines or the
spaghetti lines-
MR CHONG: Yeah.
MR. AHUNA: So that's-all the meters that are not fronting the
properties will be relocated to the front of your property, so you'll have to
reconnect at that time.
MR. CHONG: I have to reconnect?
MR. AHUNA: Yeah.
MR. CHONG: But it's not bothering nobody.
MR. AHUNA: Well, that was part of this Improvement District.
MR. CHONG: Yeah, but the issue is-I believe, if I'm on Loloa and
you're doing this project, then my line would be in the way. But coming
from the back, I'm not bothering nobody. So whether you move it or not,
still not bothering nobody.
Then I shouldn't pay I'or something that I already paid for in ] 978-
because it's not bothering the construction site. Because if you take out
my waterline, my water meter, get eight other meters-you taking all
these out, too. They all separate. And we all have water meters. We all
paying our bill.
MR. AHUNA: Yeah.
MR CHONG: So, from 1978.
MR. AHUNA: Yeah.
MR. CHONG: So why would you disturb mine for make this project?
This project is Loloa and then this side-not on the back of Mahilani.
Page I S
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
That's my question. I'm not trying to make things, but why should I pay
for something that I cannot afford-that I don't have to?
MR. AHUNA: Well, the intent of this project, like I said, was to-
MR. CHONG: But the project-this is in the back of my property-not
on Loloa? So you telling me-you coming from the property, behind my
house, dig up my line, and put one in at the front-where it doesn't need
to be moved?
MR. AHUNA: Yeah. Well, we're trying-
MR. CHONG: (Inaudible.) Leave my (inaudible) line-work on the
front.
ACTING CHR. TYLER: Yeah-so, Mr. Chong, you can protest this-
this opportunity-
MR. CHONG: No. I'm not protesting, 1 just like-agree that you guys
(inaudible) line and then you guys bust them all down and send me one
bill. You know what I'm saying?
ACTING CHR TYLER: I understand.
MR. CHONG: If my line don't have to be touched--don't disturb them.
But if I live on Loloa and it has to come up, then I agree with you. But
don't have to take out something that is not in the way.
MR. AHUNA: Oh, it's not "in the way 'per se, but
MR. CHONG: So why would you take them out and put my water meter
on Loloa?
MR. AHUNA: What we're trying to do is make it standard for all
subdivisions to have the water meter in front of the property, rather than
some place else.
MR. CHONG: And what if I had them in the back of my house-still
wrong?
MR. AHUNA: Well, it's not wrong. But we're just trying to make
everything all standard sa everybody has their meter in front of their
property.
MR. CHONG: But the problem is, the reason why there, they should have
done them that before.
Page 16
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. AHUNA: Right.
MR. CHONG: And I shouldn't be paying for something-of somebody's
negligence and ignorance.
MR. AHUNA: Well, at the time-
MR. CHONG: And plus, I'm disabled.
ACTING CHR. TYLER: Thank you.
MR. CHONG: I don't think you guys should do that. If-this is what-
I'm not arguing. But what I'm saying, if they going in the back of
Mahilani, take my waterline, they should compensate me for my water bill
from 1978.
ACTING CHR. TYLER: Thank you, Mr. Chong. Thank you very much.
MR. CHONG: I mean, I'm not trying to make trouble.
ACTING CHR TYLER: No. But you made your point.
MR. CHONG: But it's common sense. Well, we need to bring them up to
par because everybody doing this and this is legal-blah, blah, blah. But
['ve been paying my bills from '78. And I don't think-I refuse to have
you take it out. But I no like you put me in jail now. And I no like you
tell, "We got to take them out because this is the procedure. This is what
it is. And we'll go send you a bill for $6,000 and $1,000 hookup."-
which Icannot afford.
ACTING CHR. TYLER: Thank you.
MR. CHONG: So I don't want this go away. I want somebody to contact
me-that they don't have to touch my waterline.
ACTING CHR. TYLER: Yeah. Well, maybe-
MR. CHONG: If they got to change, they the one-give me a break-
`cause I go church Sunday. Have some respect forme and God.
ACTING CHR. TYLER: Thank you, sir.
MR CHONG: So what is the answer?
(At this time, Mr. Milton Pavao, Manager, Water Supply
Department, came forward to address the Members and the
public.)
Page U
Flawai`i County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. PAVAO: If I may-
MR. CHONG: You going take them out?
MR. PAVAO: The intent of this Improvement District-when you first
got your meter, there was no water system within Loloa-that's the reason
why you got a water system in back of your lot.
MR CHONG: Excuse me?
MR. PAVAO: When you got your waterline back in 1978 you said?
MR CHONG: Yeah.
MR. PAVAO: There was no water system within
Coastview/ W onderview.
MR CHONG: Yeah.
MR. PAVAO: Today, what we're trying to do is put a County dedicable
water system, within the two subdivisions, which your lot is within-so
that you have proper service. You'll get fire protection-so you will
benefit. You will have fire protection. Right now, you don't.
MR CHONG: I have proper service.
MR. PAVAO: You have proper service-
MR. CHONG: The only service I never had proper was fire protection.
And that's not my negligence. But I'm saying, if you take out that water
here-my waterline from Mahilani-will you compensate me for 78
years-from 1978 that I was paying all this water bill? Will you
compensate me? No.
MR. PAVAO: We will not compensate you but we will-
MR. CHONG: That's what I mean.
MR. PAVAO: But we will relocate your meter to where it properly
belongs. It does not-
MR. CHONG: And (inaudible) before that?
MR. PAVAO: It does not belong in back of your property.
MR CHONG: I beg your pardon?
Page 18
Hawaii County Council -Public Hearing Kailua-Kona, Hawaii July 12, 2004
ACTING CHR TYLER: Mr. Pavao, would you explain to him that
people who have paid their facilities charge-would you explain that
section to him?
MR. PAVAO: Yeah. For those of you that already have meters-yeah-
that are customers of the Department of Water Supply-the figure that
Mr. Flynn mentioned-$1,190-you will not pay that. Only those without
service from the Department, will pay that, because you already paid that
once.
MR. CHONG: So you're telling me, you still going move my waterline?
MR. PAVAO: Yes.
MR. CHONG: But you're not charging me for the hookup?
MR. PAVAO: You will be assessed what everybody else is being
assessed.
MR. CHONG: Well, I just thought it was my (inaudible).
ACTING CHR. TYLER: Thank you, Mr. Chong-appreciate it.
Appreciate your being here. Okay, our next speaker this evening is Susan
McGeachy, speaking on the same subject, representing herself.
Ms. McGeachy, good evening.
SUSAN The Chair called on Ms. Susan McGeachy, who made the following
McGEACHY: statement (SEE COMM. 693.7):
MS. McGEACHY: Hello. My name is Susan McGeachy and I've been a
homeowner and a resident in this subdivision since 1988-and I do have a
few questions.
You have covered the actual costs, which I was concerned about-there
was not a disclosure about "per month". The actual timeline---excuse me.
I like the idea of a monthly progress report that we can follow and track,
which sounds good for the public to know. But I feel like there's a few
things that we need to address.
If, we, the property owners are paying for the system in full, we should be
credited for any and all additions to this system prior to the loan being
paid in full. Anybody who adds on [o this system must be credited back to
this loan. So, if there's another subdivision on the side or somebody else
or somebody huff's on in three years or five years-those loans have to
be-that has to be guaranteed it goes back to our project. Okay. That's
what I'm asking.
Page 19
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
ACTING CHR. TYLER: Would you like someone to respond?
MS. McGEACHY: Yes, please.
ACTING CHR. TYLER: Okay. Is-Mr. Pavao?
MS. McGEACHY: So-`cause I know there's a subdivision planned at
the bottom of Ahikawa-another addition and another addition-are those
going to hui on to our system that we've paid for? Or are they going to go
ahead and say, "Anybody who hooks on to this system". We're paying for
the pipes. We're paying for the fire hydrants. Anybody who hui 's on-
must pay against our system.
MR. PAVAO: The water system that was designed for Kona Coastview
and Wonderview is designed specifically to feed the residents of
Coastview and Wonderview.
MS. McGEACHY: Right. But the reality is, they're going to hook on,
and hook on, and hook on, and hook on. Isn't that what's happened
already?
MR. PAVAO: This system-
MS. McGEACHY: It's called "growth".
MR. PAVAO: If you give me a chance to respond maybe I can.
MS. McGEACHY: Sorry.
MR. PAVAO: The system is designed for the residents and, normally, the
pipe size is based on fire flow. So the pipe is designed to provide you
with fire flow. There is no guarantee that some other subdivision will
connect on to your subdivision.
But the purpose of that is to create a looping effect to make the water
system more efficient. It's not that they're going to take away the water
that was designed to flow to your subdivision. But-
MS. McGEACHY: We're not talking about that. We're talking about-
we're paying for the infrastructure. If anybody adds on to that, must pay
against our bill.
MR. PAVAO: Well, that's something that-
MS. McGEACHY: If you add anybody else on, we want that written into
the clause saying-if we agree to pay this money, anybody else adding on,
Page 20
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
besides these-if 422 property owners are paying for these pipes and fire
hydrants-then any additional connections must be credited back to the
property owners paying for the system.
MR. AHUNA: I think if you take it in that vein, this subdivision-these
two subdivisions should be paying for hooking up to the existing system.
MS. McGEACHY: We just want a guarantee in writing that says,
"Anybody, besides these people that adds on, will be credited back to our
project to lower our costs". It's only fair.
MR. AHUNA: Well-
MS. McGEACHY: Okay. Another comment I had is-this Water
Improvement District does not include the replacement of the roads upon
completion of the system. This is because in 1963--40 years ago-these
roads were dedicated to the County of Hawaii. They have never put a
dime into new pavement. We've paid our taxes all these years. We want
to make sure that in the budget for 2006, there is money to complete the
repaving of all these roads, after this system is complete.
ACTING CHR TYLER: Mr. Pavao, would you explain what the policy
is with respect to-
MR. PAVAO: Yeah. As far as our construction project, when I say "our
construction project"-the project that install the waterlines within the
roadways. The contract provisions are that the contractor will improve the
road to equal or better condition when he lays the waterlines.
So, if he disturbs one-third of the road-one-third of the road will be
paved.
MS. McGEACHY: That's not good enough.
MR. PAVAO: Okay-
MS. McGEACHY: We're property owners and we're paying.
MR. PAVAO: Will you please let me finish? Okay? Anything further
than that, you would have to talk to Mr. McClure.
(At this time, a female made a comment from the audience.)
ACTING CHR TYLER: Excuse me, one-allowed one person.
MS. McGEACHY: Exactly. Exactly. It should be in writing that it's-
protects us, as homeowners, so we know-we don't have a "Mickey
Page 21
Hawaii County Council-Public Hearing, Kailua-Kona, Hawaii July 12, 2004
mouse" at the end with a little one-third of it done and then we're falling
off a road. Right now, we've got big potholes in all of our roads that
we're driving up and down because most of the money is not going to
improve our roads. We're paying the highest taxes of any of the islands.
We-what are we getting for it? It's only fair.
ACTING CHR TYLER: Thank you. I have spoken to the Mayor
about-
MS. McGEACHY: Okay. We do need to address that.
ACTING CHR TYLER: About the Capital-would you like me to
finish? Yeah. I have spoken to the Mayor about this and-that the
Capital projects, improvement projects with respect to these roadways,
were deferred for years and years-as everybody knows-in order not rip
up a nicely paved road when, in fact, the new system was put in. I think
most of you know this process has been going on for well more than the
time I've been in office, which is almost eight years.
So I recognize that. And I have spoken to Mayor Kim about this-about
the need to direct some of the fuel tax monies, which is a different fund, as
you know. Okay? Anything else?
MS. McGEACHY: Yeah. And I'd like to approach Mr. McClure one
more time, `cause I got a little sketchy about the opening of the road-
seemed to me, like, the bottom road was opening and the rest of the roads
were, like, sort of, in limbo.
The road that's already complete, that's built that has a barrier across it-
isthere areason why it didn't go to condemnation for the County to take
control of that middle section of the road to become the owner, and open it
to the public so that we can open up and control the traffic?
ACTING CHR. TYLER: Mr. McClure, would you like to respond, sir? If
you can.
MR. McCLURE: It is my understanding that there's an outstanding
Gentlemen's Agreement that that road will not be opened until there are
two other additional connectors going between. And so, we're honoring
that-and the first one we can have opened is the bottom and that will be
opened-if the developer finishes in December.
MS. McGEACHY: Okay. But then what you're going to do is you're
going to create an even worse situation-instead of the people flying all
the way up/down-up the hill, across, down Kaiminani flying down-
instead they'll be flying down to the bottom of the hill.
Page 22
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July l2, 2004
If we open the roads across, it will change the traffic flow completely. It
will make Kaiminani safer, it will make Ahikawa safer, it will make the
homeowners-once they rip up the road-an exit to get out as a safety to
the homeowners. We will be landlocked in there when they tear these
roads up.
ACTING CHR TYLER: I can say that Mr. McClure and the Department
of Public Works have been working on this with adjacent property owners,
with those persons who have come in for rezoning. And I think he's
explained, at least, four of them-this evening, there may be others. But I
think most of you know what the possibilities are and I anticipate that
Nana and Holoholo Streets-as we planned all along-to be the first one
to be opened.
Mr. Ashikawa told me that his project is moving forward on schedule and
I was very pleased to hear tonight from Mr. McClure that there's the
possibility of working with Mr. Ashikawa to have this road made available
to the residents to the North sooner than the nine or so months that it takes
to process the dedication. I think that makes a lot of sense. So, hopefully,
that will come as some good news.
Anything else, Mrs. McGeachy-Ms. McGeachy?
MS. McGEACHY: No. That's it. Thank you.
ACTING CHR. TYLER: Okay. Thank you very much. Our next speaker
this evening is Elaine Coats, speaking on the same subject. She's
representing herself, as a senior citizen, on a fixed income. Good evening.
ELAINE COATS: The Chair called on Ms. Elaine Coats who made the following statement
(SEE COMM. 693.3):
MS. COATS: Yes. I'm Elaine Coats and hive in-on Kiekie Street and
I, too, bought my house 20 years ago and was told before Ipurchased-
make sure you have County water-and I did. I have my own County
meter and I have paid my water bill every two months to the Department
of Water Supply.
Now I get a bill here of-what-$9,000? I'm going to have to come up
with. Or I'm going to have an increase monthly of a water bill of about
$100, plus what I'm paying right now. There is no way I have that kind of
money. I live on my social security and a small pension and you're asking
me to do something that I haven't had money for. [don't-my meter is
County meter. I'm-the pipe to my house has been done by a plumber.
It's legal. And I've had County water for 20 years.
Page 23
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
And so, now I guess it looks like they're going just dig it up-and what if
I don't have the money? Then what are you going to do? Cut off my
water`? It's just to that point
there is no-what do you do, if you're on a
fixed income?
ACTING CHR TYLER: May I ask you, where is your meter located?
MS. COATS: It's right where the eight meters that-where the gentleman
was talking with--one of mine is there.
ACTING CHR TYLER: Oh, it's the same-okay.
MS. COATS: Yeah.
ACTING CHR. TYLER: Okay. All right. Thank you for clarifying.
MS. COATS: And it's been there for 20 years.
ACTING CHR. TYLER: I know there are a number of meters there.
MS. COATS: Right. And I just feel that I have to pay for the
improvement of someone else's water problem. I don't have plastic lines
that leak all the time and break. And, yes, I feel sorry for them to have to
run out and repair them, but I really don't' feel that I should have to do it
twice. I've already paid for it once-I don't feel I should have to pay for
it a second time. I think it's totally, totally against whatever.
ACTING CHR. TYLER: Thank you.
MS. COATS: Thank you.
ACTING CHR. TYLER: Thank you very much. Okay, Did you have
any questions for any of these gentlemen or ladies?
MS. COATS: Well, I wanted to ask one question about-
ACTING CHR. TYLER: Please, while you're here.
MS. COATS: The interest. I'm, kind of, concerned about the interest
you're going to charge on the short-term loan. And then, the long-term
loan that will run around what-9% we'd be paying?
ACTING CHR. TYLER: No.
MS. COATS: Or is that all into one?
ACTING CHR TYLER: No. There are three different loans.
Page 24
Hawaii County Council- Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MS. COATS: Yeah. Well-
ACTING CHR. TYLER: One for 34 years at 4.75%. Another one for-
MS. COATS: That includes the 5,000 or 500 extra one you had to have?
ACTING CHR. TYLER: That was for the 2,776,400. And there's
another one for 34 years, which would be an additional 920,000-also,
that's at 4.375. And the one for five years from the Department of Water
Supply at $540,095 at 4.5.
MS. COATS: Right. Okay. Now what I figure, too, if I add it-I get my
bill every two months. I would be paying, besides normal water usage,
$132.32-besides my normal water bill.
ACTING CHR. TYLER: I'm sorry, I-
MS. COATS: Well, I get a normal water bill every two months, right?
ACTING CHR. TYLER: Right. But then there's 80-
MS. COATS: And then, okay, you got 66.16 a month, right?
ACTING CHR TYLER: No, it's-this is for Year 1, it's $82 a quarter.
MS. COATS: Okay.
ACTING CHR. TYLER: Then from years to-
MS. COATS: All right. That's more than my property tax. Do you know
that? It is. It's my than my property tax-because living in my home,
being asenior-
ACTING CHR TYLER: Excuse me. Can I answer your question?
MS. COATS: Yes.
ACTING CHR TYLER: There's three schedules here-folks, listen up
please. There's three schedules. The first one is for the first year.
MS. COATS: Right.
ACTING CHR. TYLER: Projected to be $82 a quarter. From Years 2-6,
it's projected to be $66.16 amonth-not 132. Wait, let me finish.
MS. COATS: Okay.
Page 25
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
ACTING CHR TYLER: And from Year 7-35, which is after the
Department of Water Supply-540,000-plus-has been paid off, it will
drop down to $42.70 per month. You don't add those all up.
MS. COATS: No. No, I'm not adding them.
ACTING CHR TYLER: I'm sorry. I misunderstood.
MS. COATS: What I'm adding up is $82 a quarter is $240 a year.
Correct?
ACTING CHR TYLER: It's four times that-yeah.
MS. COATS: Yeah. Then, besides that-after we finish paying that,
when construction starts-I understand that part. Then, we go get a
monthly bill of 66.16 to start.
ACTING CHR. TYLER: Right.
MS. COATS: Okay. I get a bill every two months-so those two figures
added together are $132. Correct?
ACTING CHR. TYLER: Sixty-six plus-I don't know what your water
bill is.
MS. COATS: Yeah. Well, what I'm saying is they'll all put it on my
water bill, right?
MR. FLYNN: No, they won't.
ACTING CHR TYLER: No.
MS. COATS: Oh.
MR. FLYNN: Let's be clear about that.
ACTING CHR. TYLER: Yeah.
MR. FLYNN: As I mentioned earlier-
MS. COATS: Well, regardless-
ACTING CHR TYLER: Wait, hold on.
MS. COATS: Okay.
Page 26
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. FLYNN: The billing for the Improvement District-your
assessment-will come from the Department of Finance-
ACTING CHR TYLER: Right.
MR. FLYNN: Will be independent of your water bill.
MS. COATS: Okay. But, that's a bill. Point being-it's a bill.
ACTING CHR TYLER: Indeed. It's a bill.
MS. COATS: Right. And I pay about $60 every two months for water.
So, now, you're asking a senior citizen, on fixed income, to come up with
that kind of money.
ACTING CHR. TYLER: Thank you.
MS. COATS: Just like the pills we're supposed to get free.
ACTING CHR. TYLER: Thank you very much. Okay. Our next speaker
is Anthony Martines. I believe he'll be speaking on the same water
meters. Good evening, sir.
ANTHONY The Chair called on Mr. Anthony Martines, who made the following
MARTINES: statement:
MR. MARTINES: Good evening. Aloha. (Inaudible as he was not
speaking into the microphone.)
ACTING CHR TYLER: I believe Mr. Martines, as I recall correctly, told
us about putting the lines in when you work for Mr. Cislick.
MR. MARTINES: Okay. You guys got $9,000-let's see, where's that-
oh, $9,694.50-give me the 50 cents, I'll be you guys friend.
Okay, now, we can cut that short. We can do it for less. If you look at
your map here, you see the Loloa Drive, then you see Kiekie Street. If
you come three lots down for Kiekie Street on Loloa Drive, and all the
way down to Holu Street-and from Holu Street and Loloa Drive, it goes
down a little bit more-from Holu Street it goes up to Holani-Holulani
or whatever.
ACTING CHR TYLER: What is it you're speaking about that goes-
comes down and then goes up? A waterline?
Page 27
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. MARTINES: It's specification, duct tile, 8-inch waterline-base
cost, the whole thing-I put it in myself with (inaudible) years ago. As a
matter of fact, the pipe is more newer than Mahilani's pipe.
Why are you guys digging it out?
ACTING CHR TYLER: Would you like Mr.-
MR. MARTINES: Why-huh?
ACTING CHR TYLER: Would you like Mr. Pavao to explain?
MR. MARTINES: Why are we taking it out, sir? What it is-it's there
already-specification-I got meters on it, everything's working right.
The road is not damaged. We put it on the side of the road--everything's
lovely. Why are we digging it out?
MR. PAVAO: I guess I have a question. Mr. Martines, when that
waterline was put in, was the Department of Water Supply notified about
that line?
MR. MARTINES: Eh, I don't know. The thing is in. It's specification
pipe. You guys want to inspect it now?
MR. PAVAO: Yeah.
MR. MARTINES: You can dig down and look at it.
MR. PAVAO: Okay. As far as you know, the Department of Water
Supply was not involved or was involved? I'm not-I'm just asking. I
don't know.
MR. MARTINES: I believe they were involved.
MR. PAVAO: They were.
MR MARTINES: I got the meter from you guys.
MR. PAVAO: Okay. What we'll do is, we'll try to direct the contractor
to take a look at it. If we feel that it's usable and functional, then maybe
we can cut the cost.
MR. MARTINES: Sounds real good.
MR. PAVAO: Okay.
Page 28
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July l2, 2004
ACTING CHR. TYLER: Mr. Martines, would you meet with one of the
County Water Supply engineers and show them on the map where it is.
MR. MARTINES: Okay. I don't want to talk too long now. You guys
right over here.
ACTING CHR TYLER: No, no, no. No. He'sjust-when you're pau.
MR. MARTINES: I wouldn't even let you guys vote for me. You guys
got a ]lard job listening to all this nonsense.
ACTING CHR TYLER: Smart man.
MR. MARTINES: Thank you very much. I appreciate you guys effort
and I'm really glad that you guys going to make the pipeline. God bless
you.
ACTING CHR. TYLER: Thank you, sir. I appreciate you being here.
MR. MARTINES: When you want to meet with me?
MR. PAVAO: Afterwards.
MR. MARTINES: Okay.
ACTING CHR. TYLER: Okay. Let's see. Our next speaker is
Mr. Bill Lucas, resident of Ahikawa. Mr. Lucas, good evening.
BILL LUCAS: The Chair called on Mr. Bill Lucas, who made the following statement:
MR. LUCAS: My name's Bill Lucas and I live at 73-990 Ahikawa Street.
1 wanted to speak in favor of the project.
I want to say several things. Number one-our values are adversely
impacted because we have a private water system. And I think the values
have been moving up relative to Kona Palisades because there is the
prospect of a solution. So I think we really need to do this.
And then, I understand those people that got spaghetti lines and put their
system in previously. And I can, certainly, appreciate their concerns. On
the other hand, this is a project for the common good-it's not just about
moving water meters.
1 think a residence about four houses down from mine, burnt to the
ground. 1 talked with the Fire Department for my fire insurance. County
fire policy is just to stop the spread of the fire. Right now, any of these
400 hundred houses, if they catch fire, your house is going to be burned to
Page 29
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
the ground. The only thing the County will do will be to prevent it from
spreading down the street.
So that is of immeasurable value. So it's about time. This has taken far
too long. We need to act as a community and work together, rather than
opposed to one another.
And my only last comment has to do with the crossroad of Nana and
Holoholo. I am the very last house on Ahikawa before that intersection.
And my one concern is that until these other roads are completed, my
residence is going to turn into-it's a busy street corner. And so, there's a
loss of quiet and privacy-and in that context, 1 want some assurance that
these other roads will be connected and I don't care if there's a
Gentlemen's Agreement-that road up at Kiekie should have been
connected a long time ago. And it should not be the very last road to be
connected. I have no qualms about connecting Nana, if Kiekie goes
through at the same time. And if we're talking about safety here, a
Gentlemen's Agreement won'C do it. And that's all I have to say. Thank
you.
ACTING CHR TYLER: Thank you, Mr. Lucas. Our next person wha
signed up this evening is Lunakanawai Hauanio. Mr. Hauanio, are you-
crloha.
LLJNAKANAWAI The Chair called on Mr. Lunakanawai Hauanio, who made the following
HAUANIO: statement:
MR. HAUANIO: Aloha, Council Members, and Staff; and aloha
(inaudible). And I'd like to talk about Article 12, Section 7-I look at this
budget and I look at what's happening-this growth factor. Nowhere in
this budget, it identifies how this project will not adversely impact our-
what they call (inaudible). (Note: During this time, Mr. Hauanio made a
statement in the Hawaiian language.)
Okay. What I'm talking about is the quality and the quantity of the
subsistence that the Hawaiians gather along the coastline.
ACTING CHR TYLER: Well, Mr. Hauanio, before you con-
MR. HAUANIO: In this ahupua`a-
ACTING CHR. TYLER: Excuse me.
MR. HAUANIO: Yes`?
ACTING CHR TYLER: Before you continue, this is a public hearing
regarding the Water Improvement District.
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. HAUANIO: Yes.
ACTING CHR. TYLER: And can you assist me and tell me what the
water down at the coastline has to do with the Improvement District? Just
give me a little direction.
MR. HAUANIO: Yeah. The build-out of this kind of impact how it
adversely-is to the subsistence-that's the problem.
ACTING CHR. TYLER: And how is that?
MR. HAUANIO: Well, you have the waste factors that come out of these
systems that have not been taken into consideration, when it ends up down
in our shorelines.
ACTING CHR TYLER: But what bearing does that have on the
Improvement District? Right now, there's a private water system coming
in-the proposal is to change it to a public water system. It still comes
from the same source and it still goes into the septic sewage systems that
have been approved. So, what impact is this going to have?
MR. HAUANIO: Yeah. Well, the-
ACTING CHR. TYLER: I'm not trying to cut you off I just want to be
sure that we're speaking about-`cause we're not here to hear about other
issues this evening. It's not agendized and we cannot speak about that.
MR. HAUANIO: Yeah. Well, what had hap-what will happen is this
project will address the impact on the subsistence of Hawaiians. And
what I'd like to propose is-
ACTING CHR. TYLER: If you'd tell us how-
MR. HAUANIO: Yes.
ACTING CHR. TYLER: That will be helpful.
MR. HAUANIO: Yes. Yeah. What I'd like to propose is that there's
presently funding that is available for these kinds of impact-water
quality-for the kinds of impact about the reduction of the species that is
taken from mauka/makai-such as food stocks that used to flourish the
areas so that we could subsist, yeah. So that would be the adverse impact.
Now the pro side of it is-
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
ACTING CHR. TYLER: Excuse me for a second. I don't mean to sound
stupid but I don't understand how-going from County water to a private
system, to going through a public system-the same water-is going to
have any impact, any different impact than what's already happening.
And, unless you can tell me what it is, I think we'll move on to something
else.
MR. HAUANIO: Well, yeah. If you look at that photograph, it
demonstrates how the growth is-
ACTING CHR. TYLER: What photograph are we-
MR. HAUANIO: The photograph that-
ACTING CHR. TYLER: I'm sorry, I didn't see it.
MR. HAUANIO: Yeah, we had sitting up on top there.
ACTING CHR. TYLER: Okay.
MR. HAUANIO: And you see how the growth-that kind of impact-it
takes away the mauka/makai subsistence. So the alternative is, if you-
ACTING CHR. TYLER: How does it take it away? That's what I want to
know. How does this project take that away? I don't understand that. I
mean, I'm aware of subsistence. I'm aware of impacts. But you need to
tell us here, what impact this has-because I don't see it.
MR. HAUANIO: Okay. It's the water quality that changes. It's the
species that are being impacted by the quality that ends up into our
shorelines.
ACTING CHR. TYLER: Okay. Well, unless you have some evidence to
the contrary, I-or if somebody wants to hear this-I think it's not
germane to what we're talking about this evening. And-anybody? I'm
not trying to cut you off, but I think we're in the wrong venue here to talk
about this and I know you feel very strongly about these issues-but this
is not why we're here tonight to talk about the impacts of growth. We're
trying to-after eight/ten years-more than that-trying to get these
people a public water system. And we've heard mixed reviews tonight.
MK. HAUANIO: Yeah. That's where I'm leading towards.
ACTING CHR. TYLER: Please. Could you get there right now, please?
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. HAUANIO: Yeah. You have this adverse impact and what we have
today is funding available to bring into the project and it will aid in
reducing these cost factors.
ACTING CHR. TYLER: Well, why don't you speak to Mr. Flynn or one
of the other people. We're unaware of any such factors, but I'm sure-
any funds-but I think we might be interested to hear. It's the first I heard
about this.
MR. HAUANIO: Okay.
ACTING CHR. TYLER: So, if you could provide us with some
information, I'm sure we'll be happy to consider it, if it's something that
can-
MR. HAUANIO: Yeah, `cause I cannot see how people in our community
been here 20 years-why they should flip for this bill. I mean, we have
grants that would be available for this particular project. And it'll work
out for both sides, so-
ACTING CHR TYLER: Are you aware that there's already quite a
substantial grant--one of the few that's ever come here?
MR. HAUANIO: Yeah. There's more because I don't see it on you guys
agenda item-that how it adversely impacts the Hawaiians. And if you
put that as a line item, grants will come towards this project to offset it-
that's all.
ACTING CHR. TYLER: Well, maybe what you could do, Mr. Hauanio,
is you could put something in writing that would tell us how this impacts it
because as a Native Hawaiian myself, I don't understand how going from
a private water system to a public water system, has any additional impact.
And maybe I'm really asleep tonight and don't get it, but we'd be happy to
hear from you, if you could put it in writing.
MR. HAUANIO: Yeah. Mahalo.
ACTING CHR. TYLER: Mahalo nui. Okay. Thank you. Okay. We
have a few more folks here-get these in order-wait a minute. Okay.
Number 7 speaker this evening is Amy Fine and she is representing
herself. Good evening.
AMY FINE: The Chair called on Ms. Amy Fine, who made the following statement
(SEE COMM. 693.4):
MS. FINE: Good evening, Council, and everyone. I just want to make a
comment-
Page 33
Hawaii County Council -Public Hearing Kailua-Kona, Hawaii July 12, 2004
ACTING CHR TYLER: Please.
MS. FINE: That while I am not opposed to improvements being done in
Coastview and Wonderview-and, in fact, where I-on the private
system, I would be probably much more excited about this prospect than I
am.
1 do feel that we are facing a problem that was created by elected and
appointed officials of the County, who allowed these subdivisions to be
done in a manner they were done. And I think it's time that the County
took responsibility for allowing this to happen, creating this problem there,
and not assess those people who live there. The person who did the
subdivisions benefited greatly by being allowed variances to not provide
proper County water. And-
ACTING CHR TYLER: You don't think that the horse is out of the barn
already.
MS. FINE: Well, I do think it's out of the barn. But I think, therefore, the
island, as a whole, needs tojust, basically, say this is something that our
County Council, our Planning Department-allowed to happen and we
have to, somehow, fix this. I don't think that this one little neighborhood
of fairly-a lot of fairly low income people, should be held accountable
for the fact that some guy was allowed to make this subdivision.
ACTING CHR TYLER: Excuse me, Ms. Fine. Ms. Fine, Mr. Jacobson
has question or comment.
MR. JACOBSON: I just had a quick question.
MS. FINE: Yes.
MR. JACOBSON: There's about 65,000 lots in my area, in my region
that don't have water. Do you suggest that the County bring all those lots
up and bring water into them?
MS. FINE: Are you in Oceanview?
MS. JACOBSON: No. I represent the southern third of the island-Puna,
Ka`u, and South Kona.
MS. FINE: Yeah. I understand that there-
MR. JACOBSON: So, I mean, I'm just curious. If the answer is "yes"-
how in the world are we going to finance this? `Cause, let's say, even at
$10,000-the infrastructure costs are going to be far, far greater than that.
Page 34
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
So 65,000 times 10,000-where's this money going to come from? Do
you have any suggestions?
MS. FINE: Well, I don't have a suggestion to that. I do understand what
you're saying and-
MR. JACOBSON: I'm not saying-
MS. FINE: Okay. No, I-
MR. JACOBSON: That we should penalize anybody.
MS. FINE: I understand that.
MR. JACOBSON: I'm just faced with this prospect of billions of dollars.
MS. FINE: Okay. Now, how about--did-is this true or is this rumor-
that the person who provides the private water to the-to these two
subdivisions, did not pay his water bill for countless years? And then, he
owes the County a ton of money?
ACTING CHR. TYLER: You passed off the subject of the discussion this
evening. You can-
MS. FINE: Well, I know that. But-
ACTING CHR. TYLER: Folks, listen up, please. Okay. If you wish to
discuss the question with Mr. Pavao, the Department of Water Supply, as
you may know and may recall, is asemi-autonomous organization. They
receive no real property tax monies through the Council-they have their
own system. And I don't know what the situation is.
MS. FINE: Yeah. Anyway, it seems to me that if it is true-that he owes
the Board of Water Supply all this money-maybe he could help pay for
this to the neighborhood. He collected from all those people on the private
system and then didn't pay.
ACTING CHR. TYLER: Thank you. Anyone else? Okay. Thank you
very much. Our next speaker is Jamie Busch-Ahikawa resident, speaker
Number 8. Mr. Busch, good evening.
JAMIE BUSCH: The Chair called on Mr. Jamie Bush, who made the following statement:
MR. BUSCH: Aloha, everyone. Thank you for the opportunity to speak.
ACTING CHR. TYLER: You're welcome.
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. BUSCH: I'd just like to speak in strong support of this Water
Improvement. I, personally, have owned my home now for two years on
Ahikawa Street. And I have been out-with no exaggeration-at least 20
times to fix my waterline. I've personally put in pressure reducing valves.
I've had water bills run to several hundred dollars a month. My neighbor
across the street had a water bill, last year, of $1,400.
I have spent thousands of dollars in additional monies in paying for the
water system that, frankly, if those pipes won't numbered every 20 feet, I
would consider it criminal. I have spent Saturday's-at least every other
month~verybody has these kind of horror stories. I say you can't do this
project fast enough. I hope the impacts are low and I understand there's a
lot of history here I don't know about, but as a basic public improvement
to improve peoples' values and improve the general welfare-I can't think
of a better one.
On the subject of the road connections, I have a suggestion. Where I'm
from it's-there are private roads that connect subdivisions like this. But
they would not be allowed to block the road with debris-with boulders
and logs. What would be done is a simple metal gate with a lock that the
Fire Department can cut in case of an emergency-so that the public has
access to that road-but, even if it doesn't own that road. So that's-
ACTING CHR. TYLER; In times of emergency?
MR. BUSCH: In times of emergency. If there's an accident on the top of
Ahikawa Street and someone down Ahikawa or any of the other feeder
streets-has a heart attack and/or there's some kind of other accident-it's
a serious health problem. And as a-I'm all for opening the road. But as
in intern measure, I would suggest that a very small amount of money
could provide a locked gate there, that the Fire Department can bypass
with bolt cutters. If nothing else, that solves the life safety issue, I think.
ACTING CHR. TYLER; Thank you very much.
MR. BUSCH: Thank you.
ACTING CHR TYLER: I appreciate that. Okay. Now, I received a few
questions that people want asked, but before I go on to the questions, I
want to be sure that everyone who wish to testify or make a comment this
evening, has had that opportunity.
I have no more people signed up. No more persons signed up to speak. Is
there anyone wishing to speak on this matter? Whether you've signed up
or not?
Page 36
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
Could you come forward, please, and give us your name and your
address-and then we'll ask you to fill out a form afterwards, if you
would, sir. Thank you. Thank you.
CHRIS The Chair called Mr. Chris Hamilton forward, who made the following
HAMILTON: statement:
MR. HAMILTON: My name is Chris Hamilton and I live at 73-1178
Ahulani. I bought my home a couple years ago and the big perk forme
was that it had County water. And I just want to know out of the 400 and
some odd houses, how many of these houses-437 house assessed
properties-how many of them have County water?
ACTING CHR TYLER: Mr. Flynn.
MR. FLYNN: We asked that question to the Department of Water Supply
two years ago. And they supplied us with a list, which was attached to a
resolution passed by the Council two years ago.
The number was "123", however, that included four meters owned by the
Matsumoto Water Company itself. Deducting that, we then have "119".
In reviewing that list, there's a question I have that I'm going to bring to
the Department of Water Supply-about a TMK that it's not clear that, in
fact, it's in the subdivision-but they seemed to have credited it in
owner-with that prior payment.
In acknowledgement of that, in the resolution to establish an Improvement
District that the Council passed in 2002, that list of TMK's and those
homeowners were identified as to be "exempt" from the facilities charge,
which I think we quoted you as $1,190. Along side Jay Mende, our
Deputy County Clerk, at the table over there-we made some super sized
list of all the owners and your respective TMK's in both subdivisions.
There's a column there with a checkmark that shows all those properties
intended to be exempt from that facilities charge-and I welcome you to
take a look at that tonight.
MR. HAMILTON: Okay. Well, the facilities charges don't really-I
mean, out of $9,000 you subtract 1,000 that I don't have to pay-I still got
to bone out $8,000.
ACTING CHR. TYLER: No. Wait, excuse me. The facilities charge are
in addition to installing the system.
MR. HAMILTON: Okay.
ACTING CHR. TYLER: Okay. And that's standard operating procedure.
That's no different-right, Mr. Pavao?
Page 37
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. PAVAO: Right.
ACTING CHR. TYLER: If somebody hooks up a system, they always
have to pay the facilities charge-maven if they paid the cost of the water
system being put in as part of their subdivision lot cost.
MR. HAMILTON: So that-I wouldjust be waived that because I am on
County water?
ACTING CHR TYLER If, indeed, you have paid the facilities charge.
MR. HAMILTON: Okay. I guess my point is, is I've done a lot of water
repairs on my line as well and it's frustrating. I'm all for this happening-
hydrants would be wonderful. It was hard forme to find homeowners
insurance because there were no hydrants in the neighborhood.
This is something that none of you guys had anything to do with when the
subdivision went in, obviously. But, I guess, what I'm trying to say is
$8,000 will buy me a lot ofinch-and-a-quarter PVC pipe down at Lowes.
And it's funny that I know a lot of us have ahard-are going to have a
hard time coming up with---even though it's going to be tri-monthly.
So, I'm all for the project, but I wish there was a magic money tree to
where we weren't all being hit like this. I feel it's unfair to me-being on
County water-that I should have to pay as much as everybody else-not
that I'm selfish or anything, but that's what I'm-the big thing for me in
purchasing my home was, "Hey, it's on County water. That's great." And
now, I get this, and it doesn't mean anything. It's-you're still going to
pay, minus the $1,000-you've already paid it. So-
ACTING CHR. TYLER: Thank you. I appreciate your perspective.
MR. HAMILTON: You bet.
ACTING CHR. TYLER: Before-thank you. Before I call anyone else, I
wanted-yes, sir, just amoment-I wanted to know, if I could have a
show of hands of how many of you here this evening believe that you're
on County water? Okay.
1 was not referring to those of you on the Matsumoto or the Kalaoa Water
System. I was referring to those of you who have a direct connection to
the County water system. Okay? Could we have a show of hands, again?
Okay. Thank you very much.
MR. HAMILTON: Thank you.
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
Okay, now, again-yes, sir, you wish to speak on this matter? Yes, please
come forward and state your name and address, and then we'll ask you to
sign up that form.
JOHN D. DYKES. The Chair called on Mr. John D. Dykes, Jr., who made the following
JR.: statement:
MR. DYKES: My name is John Dykes, Jr., I live at 73-1137 Loloa Drive.
ACTING CHR. TYLER: You can sit down, if you wish, sir. And we
have a copy of your testimony (SEE COMMS. 693.8 and 693.9).
MR. DYKES: Yes. I wrote a letter and I have an objection to this and the
reason is this: I've been a resident of Wonderview Subdivision since 1991
and the reason I chose my house on Loloa Drive was that it was one of the
very few houses in the area that had County water. And when I bought the
house, I paid a little bit more for it because it was on County water and I
wanted to have a reliable water system and I didn't want to have
something with a private waterline going to it. And there were other
houses that were quite nice that had private water going to it, but having
County water was one of the purchasing decisions I made because I felt
County water was something that was very valuable to have.
And I'm looking at what you're proposing to do with this Water
Improvement District. And I look at some of my neighbors that have PVC
pipes and spaghetti pipes-and I really sympathize with them. And it's
really unfair that they have a system like that that's so substandard and it's
just the way iC is, sort of-but, forme, personally, I find the amount of
money that I'm going to be assessed for this Water Improvement
District-it's a ]ot of money. It's not something that I had setting aside in
a special account where I can just write a check for.
And it's not just the $9,000. I don't see anything in this resolution that
addresses what the cost over run might be and who's going to be
responsible for that. How do we keep this $9,600-something from
becoming $20,000 or $30,000-if they run into projects.
ACTING CHR TYLER: Can I stop you right there? And can I ask
Mr. Pavao or someone on his staff to answer that question? I think we
have a firm bid, do we not?
MR. PAVAO: We have a firm bid.
ACTING CHR. TYLER: And which it includes a contingency?
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. PAVAO: We have a firm bid, which includes contingency and it
may very well be possible that we need to use some contingency for some
unforeseen circumstances.
But when we structure our contract, very seldom do we go beyond the
allotted contingency based on our engineering knowledge/past experience.
So it's highly unlikely that the $9,700 would be increased. It may be
increased to $9,800 maybe-but never to $20,000.
MR. HAMILTON: Okay. Well, thank you for answering that.
ACTING CHR. TYLER: Okay.
MR. HAMILTON: But even with the $9,600-when you look at the
interest on it, it becomes a very large figure, I would imagine, afrer a 35-
year period. I would imagine it would be at least double that you're
paying into or more.
ACTING CHR. TYLER: Maybe it's appropriate, at this time Mr. Hirai,
did you want to speak on the interest deductibility? Is this the time,
Mr. Flynn? Do you think this would be appropriate or
MR. FLYNN: Perfectly good time. Yeah.
ACTING CHR. TYLER: Okay. Is that all right, Mr. Dykes?
MR. DYKES: That's fine.
ACTING CHR. TYLER: Because I think other people are probably-
heard this from Mr. Flynn and may want to have some further
clarification. And I'm not trying to hold up the meeting or anything but
]-is that okay with you, sir?
MR. DYKES: That's fine.
ACTING CHR. TYLER: Okay. Mr. Hirai, if you would use the
microphone, please?
(At this time, Mr. Brian T. Hirai, Bond Counsel, came forward to
address the Members and the public.)
MR. HIRAI: Thank you.
ACTING CHR. TYLER: Introduce yourself.
Page 40
Hawaii County Council-Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. HIRAI: I'm Brian Hirai. I'm with the law firm of McCorriston
Miller Mukai MacKinnon, in Honolulu. I've been assisting the County as
Bond Counsel with regard to this Improvement District.
One of the questions I was asked to look into is that very point-with the
interest payments being made over the years, what impact is there? Is
there some relief in the form of Federal and/or State taxes?
And the answer is that "interest" as part of the assessments-the interest
portion of the assessments, is deductible from Federal income taxes-it is,
likewise, deductible from State income taxes.
For those of you who want to pursue this further, the Code section-the
Internal Revenue Code Section is 164(c)(1~"c" as in "car". And so, if
you look to that-it says that "to the extent that the assessments include
interest, that interest component is deductible".
The State Tax Code follows the Federal in the same rule.
ACTING CHR. TYLER: Okay. Thank you very much.
MR. HAMILTON: Thank you.
ACTING CHR. TYLER: Thank you for letting Mr. Hirai--okay, please
continue, Mr. Dykes.
MR. DYKES: And I have a few more concerns. And one of the concerns
is-as I said earlier-I sympathize with the people who are on the
spaghetti system, on the private water system, and all the problems and
breaks. I drive up and down Loloa Drive and I see the breaks and I see the
water running-and not only that, it's a waste of a precious resource as
well.
But having County water, to me, and paying a monthly bill to the Board of
Water Supply, which is asemi-autonomous organization-there's no tax
dollars going to support it-basically, people who are on County water
had been paying into the Board of Water Supply for their operations, their
maintenance, and their improvements island-wide. My understanding that
the water bill that you have when you're paying a bill to the Water Sup-
Department of Water Supply-that's money that's being spent everywhere
on the island supporting and operating that infrastructure.
While we've been paying for this island-wide, but we don't have the
infrastructure with the-without having a County system within the two
subdivisions, but we've been paying for it it's island-wide. And here, in
my case, what's going to happen is, once this Water Improvement District
Page 41
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
occurs, I'm going to have a meter that's 75 feet away from my house
that's now going to be directly in front of my house.
There is a single hydrant that's close by to my house-it's one lot over-
it's not in Coastview, it's not in Wonderview but it's, actually, between
Highlands and Coast-and Loloa Drive, on a nondescript street, which is
called Holu Street. There's actually a County street, which goes along-it
appears to be an empty lot. I believe that County Councilman Tyler is
well aware of this street-it's never been paved-and what's going to
happen is when you open up the side streets between Kona Coastview and
Palisades, you're looking at a number of different streets opening up there,
but the peop]e who are in Highlands are going to come through
Wonderview and also Coastview subdivisions to access those roads-and
you only have them coming down Kiekie Street.
You have a street, which is County property, that's not paved that could be
used as a cross street to help with the traffic flow. This property's already
owned by the County, it's already been dedicated-well, not, perhaps,
dedicated as a street-but if you take a look at your map on Holu Street,
you'll see Holu Street between Loloa Drive and, I believe, it's Ahulani. It
shows it on the map but it's, physically, not there.
ACTING CHR. TYLER: Right. Mr. Dykes, I have spoken with the
Mayor's Office about this on a number of occasions, in light of your
materials that you provided to me, on at least two occasions. And I am
told that that street is going to be paved because it's a County street. And
Mr. McClure is here this evening. You can talk to him, he's the Director.
MR. DYKES: May I ask him a question?
ACTING CHR. TYLER: If you-yes. If it's germane to what we're
talking about.
MR. DYKES: Yeah. I just want to know what the timeframe is on
opening Holu Street-the section that's not paved.
ACTING CHR. TYLER: Mr. McClure, if you're able to answer that
question-are you familiar with what he's talking about, sir?
MR. McCLURE: Not specifically.
ACTING CHR. TYLER: Okay.
MR. McCLURE: I-well-
ACTING CHR. TYLER: Okay, well-
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Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. McCLURE: No, but I'll talk to you after.
ACTING CHR. TYLER: Okay.
MR. DYKES: Okay. That's all I have to say.
ACTING CHR. TYLER: Thank you.
MR. DYKES: Thank you for your time.
ACTING CHR. TYLER: I'm surprised, Mr. McClure, that you don't-
you didn't get that-you didn't recall getting the information on the
pictures? Okay. All right. Next-yes, sir? One, two, and then there's a
third one back there.
(MR. WILKINS: My name is John Wilkins-)
ACTING CHR. TYLER: Excuse me, Mr. Wilkins, would you sit down
and use the microphone, please? Because we're recording this and we
can't do it without the microphone.
GEORGE The Chair called on Mr. George Wilkins, who made the following
WILKINS: statement:
MR. WILKINS: Okay. I'm not the "George Wilkins" who lives on
Ahikawa-although we've known each other and been getting in each
others way for 36 years.
I only have one point of concern and I'm concerned only because I've not
heard it mentioned tonight-I am, by the way, the Member of the Water
Board representing North Kona and, therefore, Coastview/Wonderview.
I have heard talk about a great deal ofconstruction-there'll be partial or
total replacement of, now, two separate water systems-one installed by
the County, one installed by the Matsumoto family. Nowhere have I heard
any mention of how water supply will be continued during this
construction phase-as new ditches are being dug, new laterals being
laced across roadways-how many people-how are you going to ensure
that people do not lose continuity of service during this very long
construction period?
ACTING CHR. TYLER: Good question. Would you like me to have
Mr. Pavao or one of his staff answer that question?
MR. WILKINS: I think yes or the representatives of Isemoto might be
appropriate.
Page 43
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
ACTING CHR. TYLER: Okay. `Cause I don't think anybody sitting up
here can answer that. It's a technical question. Mr. Pavao, would you like
to direct it or answer it yourself?
MR. PAVAO: Yes. Well, first of all, all the customers of the Department
of Water Supply that are receiving water within Coastview/Wonderview-
your meters are not within Coastview/Wonderview. So that excludes any
damage to waterlines within Coastview/Wonderview.
The meters are either on the State highway or they're on Kona Highlands
area because Kona Coastview/Wonderview never had a water system. So
there's nothing to break as far as water supply is concerned.
As far as the private water system, it is in our contract documents that the
contractor shall immediately repair whatever he breaks, so that there is a
minimal interruption to service for those of you on the Matsumoto water
system.
The contractor is fully aware and he's supposed to have taken a look at the
situation, before he made the bid, to incorporate all the costs involved to
make sure that interruptions are minimized.
ACTING CHR. TYLER: Okay. Thank you. Mr. Pavao, just before we
leave this subject, the meters that are not located in the
Coastview/Wonderview where the people receive County water-but
what about the lines that run over either County rights-of--way or private
rights-of--way-will those be impacted?
MR. PAVAO: The contractor will do field investigations before he does
anything to minimize again the disruption to those services.
ACTING CHR. TYLER: Okay, thank you. Mr. Flynn.
MR. FLYNN: Yeah, if I could-
ACTING CHR. TYLER: You're going to respond to Mr. Dykes?
MR. FLYNN: Yes, just one
ACTING CHR. TYLER: Please. I'm sorry-
MR. FLYNN: In the Council resolution passed two years ago, this is what
it states specifically to address your concern. It says, "In consideration of
community concerns and testimony heard at the public hearing on
August 2° , 2002, the Council directs the Manager, Department of Water
Supply, to seek the guidance and assistance of the Kalaoa Water
Company, Matsumoto Water Company, and all other interested residents
Page 44
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
in order to identify all non-conforming consumer lines presently serving
customers within the improvement district and to assure the maintenance
of uninterrupted water delivery service during construction of the water
system improvements". That same concern was carried forward into the
contracting of the project.
ACTING CHR. TYLER: Thank you very much, Mr. Flynn. I recall
Mr. Martines speaking about that last time and he volunteered to assist us
since he put some of this in.
I'm sorry, Mr. Wilkins. I mischaracterized you as "Mr. Dykes" and I
apologize.
MR. WILKINS: Okay. I know the legal language. I also know the
tendencies or proclivities of bulldozer operators and backhoe operators.
You might want to consider having a standpipe or more than one within
the Improvement District so that in the event of emergency, people have a
place to go to collect water.
ACTING CHR. TYLER: Thank you very much, Mr. Wilkins. Okay.
Mr. Proyetti, in the back. Good evening, sir. Give us your name and your
street address.
DOWEY The Chair called on Mr. Dowey Proyetti, who made the following
PROYETTI: statement:
MR. PROYETTI: Dowey Proyetti, 73-1190 Ahikawa Street. I've been an
owner for three years. Personally, I'd like to thank the Council for
implementing this project and I cannot emphasize too much the public
safety and health part of this because we need fire hydrants. I will have to
say that it really scares me to death when I see fireworks going off. I've
talked with at least one fellow who had his house burn down. I don't want
to go there. So the faster you can get this done-the happier I'll be. I'm
not a rich man, not by any means, but I'll find the money somehow-not a
pleasant experience.
One other thing I want to say. The fellow that was talking about the
simple gate-public health and safety. If we could take that one street
with the rocks across it, put agate-not for anybody to go through-but
there's a thing called a Nox box. It has a huge nasty padlock-only the
Fire Department and the paramedics would have a key. Please, seriously
consider that. It will help everybody.
ACTING CHR. TYLER: Thank you. I appreciate that. Mr. McClure's
here this evening and this may be something that's-
Page 45
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. PROYETTI: The sooner we get all those cross streets opened, the
happier everyone will be, let me tell you.
ACTING CHR. 'fYLEK: I agree. Thank you very much.
MR. PROYETTI: Once again, thank you so very much.
ACTING CHR. TYLER: You're welcome, sir. Okay, in the back.
BF,TSY FURNER: The Chair called on Ms. Betsy Furner, who made the following statement:
MS. FURNER: My name is Betsy Furner, 73-
ACTING CHR. TYLER: Excuse me. Would you just speak into the
microphone.
MS. FURNER: Betsy Furner, 73-1215 Ahulani.
ACTING CHR. TYLER: Good evening.
MS. FURNER: I've been an owner for six months. So this is, kind of,
fun.
ACTING CHR. TYLER: Well, welcome to the neighborhood.
MS. FURNER: Thank you. If I've done my math correctly, I was looking
at the interest payments. I have coming up with a total of about $ 19,000
over a 35-year period. Have I done that correctly?
ACTING CHR. TYLER: I can't answer that question. Is there anybody-
MS. FURNER: That's without a calculator. That's just, sort of, long-hand.
ACTING CHR. TYLER: Yeah, Iguess-one of the Members said
whatever it is, it is.
MS. FURNER: Whatever it is, it is. Okay.
ACTING CHR. TYLER: I don't know what it is. I have no reason to
doubt your calculations.
MS. FURNER: All right. Well, then, my question is we have-starting
August 25`h to September 24`h, there's aone-month window for a
prepayment. Atter this 30-day period, you'll be permitted to prepay
unpaid balance in full, plus a 3%premium-unless waived-and interest
at the rate on the bonds until they can be redeemed with the assessment
prepayment. I have no idea what that means.
Page 46
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
ACTING CHR. TYLER: Okay. Mr. Hirai, would you like to answer that
question? I think it's a good question.
MR. HIRAI: Each resident's portion of the bonds-each of the bonds is a
loan-and it's going to be divided up equally-the responsibility for
principal and interest divided up equally among all of the people who
don't prepay during that initial period.
When you prepay, what is, in essence-a loan from the County to you-
the County must turn around and prepay on the bonds to the USDA and
also the Department of Water Supply portion as well. That doesn't happen
instantaneously-there's notices and the like. So, there's some amount of
interest that needs to be carried until that can happen. There's not a matter
of the bonds are going to stay out there forever and you just continue to
pay interest. It will be a sum that will be calculated for you at the time
that you say, "I would like to prepay. How much do I have to prepay?".
Right now, I couldn't tell you exactly how much of a lag that would be,
but it's not aconsiderable-it's an administrative processing time until the
bonds can be brought in. Because each-as I've said, each prepayment of
the assessment requires a partial prepayment on the bonds.
The 3% premium is also something that's factored in there, unless waived,
as it says-that is because of the way that the bonds are structured and
how payments get applied. That's an allowance factor to make sure that at
the end of the day-35 years out-all the collections and all of the
payments out have come out even. There are some timing differences that
need to be accounted for. It's hard to come up with an example-but
timing differences in terms of how the payments are applied to the bonds
that can be adjusted for in that fashion. But, again, that would be collected
to the extent needed.
MS. FURNER: Is this dealt with with the Department of Water Supply
directly? Or how-
MR. HIRAI: No.
ACTING CHR. TYLER: Department of Finance, I believe.
MR. HIRAL That would be with the Department of Finance-County
Finance. That's who you would make the prepayment to and then they
would take care of making sure that Water Supply and USDA are, in turn,
repaid the portion.
MS. FURNER: Would it be possible to do something, like, pay more
payments, rather than making-it sounds like you have 30 days to pay the
Page 47
Hawaii County Council-Public Hearing, Kailua-Kona, Hawaii July 12, 2004
whole thing. I mean, can you make larger payments in a shorter period of
time?
MR. HIRAI: Unfortunately, with 437, that would be completely
unworkable. It's not like an individual mortgage payment where my
wife-who is back there, by the way-every once in a while when we
have extra, she puts an extra amount of money into the monthly mortgage
payment and then resumes making payments and the like. But, when
you're administering 437 separate loans that then have to match up with
three different bonds, it would be nice to be able to do that, but it really
would be impossible. The County Code is written in recognition of that
impossibility. It's an all-or-nothing proposition.
MS. FURNER: So you're, basically, giving us a month to decide if you
want to pay $9,000 as opposed to 14~r 19.
MR. HIRAI: Or, if you are able in the next year, let's say, you could pay
what the balance is and there may be a 3% add on and there may be some
amount of additional interest, but it won't be $14,000.
MS. FURNER: But, the timeframe is-
MR. HIRAL• The timeframe for being able to do it-absolutely no
question-is before the borrowing happens. Once the borrowing happens,
that's when that uncertainty and the need to administer, in a way, that takes
care of the bonds. Otherwise, everybody else's loan is going to be out of
balance.
MS. FURNER: Okay. Now, are we going to be kept apprised of that on
the website? Or is that just strictly going to be the actual work progress
that's going to be updated?
MR. HIRAI: I'm not sure what the website-
ACTING CHR. TYLER: I'm sorry. What was it that you wanted to be
assessed of?
MS. FURNER: Are we going to be advised of when these bonds are
funded? Is that going to be updated on the website so that we'll know?
Because, to me, it seems like a pretty short period of time on July 12 to be
told that between August 25`h and September 24~h I can decide to either
give you $9,000 or 19,000. So, I'd like to know if that information can be
updated on the website so that we know, so it won't be given-
AC7"ING CHR. TYLER: Okay. Mr. Flynn, would like to answer her
question or try.
Page 48
Hawaii County Council-Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MS. FURNER: Okay.
MR. FLYNN: As mentioned, in fact, in the public notice of this meeting
and the schedule of upcoming events, when the Council passes and we
expect to do this by waiving the matter from Committee so we can do this
as rapidly as possible an ordinance setting the assessment then we will
have an absolutely known figure as to the amount of the assessment. That,
then, triggers the 30-day prepayment period. We announced that we
would notify all of you, just as we did for this meeting, of that amount and
that period by certified mail. So, you're going to know that directly, as
soon as the Council undertakes that action.
ACTING CHR. TYLER: Okay, thank you, Mr. Flynn. And you had one
other question. I can't answer this question about your facilities charge.
You need to speak to the Department of Water Supply.
MS. FURNER: Yeah, I think that was answered already.
ACTING CHR. TYLER: Well, but in terms of your specific meter and
whether or not this was paid, Ican't-
MS. FURNER: Right. Well, I think he said there's a list up there.
ACTING CHR. TYLER: Right. If you'll check that and the TMK.
MS. FURNER: Right. Great.
ACTING CHR. TYLER: Thank you very much. So, we've answered
your question here. All right. Is there anyone else that wishes to testify
on this matter this evening? Yes, sir? If you come forward, give us your
name and address, and provide us with your information. We have
approximately seven minutes before eight. Please go ahead, sir.
JAKE JACOBS: The Chair called on Mr. Jake Jacobs, who made the following statement:
MR. JACOBS: Jake Jacobs, 73-1165 Ahulani Street.
ACTING CHR. TYLER: Good evening, Mr. Jacobs.
MR. JACOBS: Hi. I just had one question. Everybody has to be hooked
up by a licensed plumber. We're not allowed to do it ourselves, right?
"Chat's correct'?
ACTING CHR. TYLER: What was the answer?
MR. PAVAO: No. You can either have a plumber do it for you or you
can do it yourselves.
Page 49
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
MR. JACOBS: We can do it ourselves?
MR. PAVAO: Yes. Anything from the meter to within five feet of your
house-you can do it.
MR. JACOBS: Okay. My other question-I don't know if this applies. I
understood that we had to have a plumber do it. And I was thinking that
we're going to really get gouged by 400 of us needing to do that. 1 was
thinking of a group rate, if someone could coordinate that, but it's not
necessary.
On another note, I lived there since 1976 and I connected up with
Manford Cislik. I've been on a water system. I've never had a leak
because I'm connected to a steel pipe. I lose my water whenever the main
breaks. So I'm, kind of, in between the people that are on the County and
the people that have the spaghetti systems. I feel like we need this system.
ACTING CHR. TYLER: Thank you very much, sir. I appreciate it. Is
there anyone else? Anyone else? Yes, sir. Come forward, give us your
name and address, please.
ROBIN HALL: The Chair called on Mr. Robin Hall, who made the following statement:
MR. HALL: Good evening. My name is Robin Hall. I live at
73-1207 Ahulani Street.
ACTING CHR. TYLER: Good evening, Mr. Hall.
MR. HALL: Good evening. I just wanted to make a couple of points on
the positive side of this thing. The installation of the fire hydrants will-
and I'm hoping everybody's thinking about this and the big picture-it's
going to make the value of your home increase tremendously. Now, with
regards to the costs that are associated with this, if you look at it from the
end that: l) you're not having to fill out a credit application for $10,000;
2) you don't have to do anything except if you look at it in the big
picture-even if it's $19,000 what is the value of your home? How
much is your value of your home going to increase over that same time
period because you have this addition? Just a couple of points I want to
make.
ACTING CHR. TYLER: Thank you. I also wanted to say-if the Mayor
is-yes, the Mayor is here, that thanks to Mayor Kim, who allotted the
money for the Kalaoa Fire Station, which was on the budget for quite a
few years before Mr. Kim came in-we're moving towards getting that
permanent Kalaoa Fire Station in addition to the volunteer station. That is
going to bring us out of Protection Class 10. Of course, we already are in
Page 50
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
there because of the volunteers. But I want to acknowledge and thank the
Mayor and his staff and Chief Oliveira, who's really been shepherding and
moving this project forward.
There's one series of questions left-what is the projected monthly
payments and how much above the regular water bill? I think that
question has been answered. That was John Carlstrom. Sir, have we
answered your question?
MR. CARLSTROM: Yes, you have. Thank you.
ACTING CHR. TYLER: Thank you for asking it. Okay, now, I'm going
to ask for a show of hands before everybody leaves this evening. I already
know how many of you, a rough estimate, believe that you are on the
County water system now, paying the bill, and have a meter. I would like
to know this evening, how many of you are in favor of the proposal that is
before you regarding the conversion from private water systems to a
public water system with the numbers thaC have been presented this
evening. Would you raise your hands, please? Okay. By the same token,
may I see a show of hands of those of you who are opposed to this and
plan to protest it? Keep your hands up, please. Mr. Dykes, we have your
letter. If any of the others of you are going to do that-
(At this time, a comment or question was made from the audience.)
ACTING CHR. TYLER: Yes, we are talking about the residents in
Coastview and Wonderview. Those of you who live in those subdivisions.
Okay.
MR. MARTINES: I oppose, if they going to dig out my water line.
ACTING CHR. TYLER: I understand. You told us that earlier. Yeah.
And-okay. Now, I'm just going to close here with a couple of remarks.
The Deputy County Clerk, for the record, before we close this evening,
shall state the total number of written communications received for and
against the ID resolution by owners and for and against by others at the
close of the meeting. Mr. Clerk, are you still working on that?
MR. MENDE: Yeah. ['m almost ready.
ACTING CHR. TYLER: Okay. Well, I don't want to put you on the spot.
I'll just go on to say-and we'll come back to you-that the written
transcript of this hearing will be prepared and it will be shared with those
Council Members who are not in attendance this evening and shall be
available from the County Clerk's Office, if you wish to review it, as are
all of our minutes.
Page 51
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
Mr. Flynn-okay, I've been told that, Mr. Kim, you'd like to make a
couple of comments. Mr. Mayor, would you come forward, please, sir. I
think we all know who you are. Thank you for being here. We don't need
your mailing address or your name, sir.
(At this time, Mr. Harry Kim, Mayor, came forward to address the
Members and the public.)
MR. KIM: First of all, I don't want to minimize those that are opposed to
the project, but a very brief history on this. This community of
Coastview/Wonderview was-I think you brought it to the attention to
Mr. Tyler many years ago that this was really bad. First of all, those that
had been paying to me a ludicrous amount on an unreliable water system
had to be addressed.
In regards to-I know they will not toot their own horn, but I do
understand for those of you on County water system and what you have to
pay. Okay. Please know that we know that. That has been discussed.
But, the Water Department, which is semi-autonomous, as you know,
don't receive revenues from our taxes here.
(Inaudible), Planning Department, the Members of the Council's staff, I
think they got you a really tremendous deal here to try to mitigate this
situation. Number one, the grant from the Federal Government was not
easy. I think if you take away the grant, you will see how much it greatly
decreased the amount that the residents had to pay.
Secondly, the Water Department-I'll say it openly here. I won't mention
any names-they're going to eat hundreds of thousands of dollars lost that
they did not collect from a private water system. What was their
dilemma? If they cut off this person that was supplying water to you,
what did they do? They didn't hurt that person. They hurt you. They
made an administrative decision this cannot be done.
In regards to the other people who worked on it, I guarantee you the in-
housediscussion to fix this system with the full realization some will not
benefit as much as others, I ask you to trust only one thing-I think what
you saw in this room-we brag about it behind your back that this is an
example of County, State, Federal, and private working together to resolve
it.
None of us here-and I mean none of us here was responsible for the
approval of~ this subdivision. None of us here was responsible for
spaghetti, unreliable water system. None of us here were responsible for
an agreement on connector roads. All the people, I think, that is before
Page 52
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
you tonight, is just trying to fix the problem. So, thank you very much for
listening.
ACTING CHR. TYLER: Indeed, as I said, the last time we met here in
this place to discuss this matter-Mayor Kim-afer he was apprised of
this situation, brought his staff and his Department Heads and the various
Cabinet Members together to talk about finding a way to make this
happen. As those of you who have been long-time residents of this area-
and there are many of you here this evening-know that there's been a few
false starts on this. I realize that you have been very, very, very, very
patient on this matter. I want to acknowledge that and I want to thank you
for your contimied attention and concern about this issue. Whether you
have been pro this or against it, you have always spoken to me and others.
I appreciate it because you've showed the interest in your community.
L particularly, want to thank all of the people that came this evening-not
just the residents-but the staff members, the department heads-
obviously, the Mayor. In particular, I want to thank the Council staff-
Mr. Flynn, Ms. Kiriu-as well as our treasurer and others for the great
collaborative effort that has been undertaken here. I don't think anybody
can fully appreciate the amount of work that has gone into this to get us to
where we are now.
We still have quite a few more steps to take but we've outlined those for
you this evening. I'm hopeful that this will come off after many, many
years. I think it's been, at least, ten years since the process began. We are
looking forward to having this ordeal put to an end so that you can go
about your lives. And people like Mr. Bush and many others who have
spent countless, thousands of hours, hundreds of hours, and maybe in
some cases-thousands in others-maintaining this system can rest in
peace in the evening. When I say "rest in peace", I mean go to sleep, not
die.
So, at this time, Mr. Mende, do you have a report? Has everyone had an
opportunity to submit your comments to Mr. Mende regarding opposition
or a protest to this? Okay, I'll ask one more time. Everyone? Okay,
Mr. Mende, would you please report to me-report to us, excuse me.
(At this time, Mr. Jay Mende, Deputy Clerk, came forward to
address the Members and the public.)
MR. MENDE: Okay. Yes. We received five written testimony from
property owners. Four were against. So, the count is "433"-"for"; and
"4"-"against".
ACTING CHR. TYLER: Okay. And Mr. Dykes-you did have a copy of
Mr. Dykes you previously sent that in. Okay. So, I would like to
Page 53
Hawaii County Council -Public Hearing, Kailua-Kona, Hawaii July 12, 2004
indicate at this time that the Council's next action is the preparation of a
"Resolution of Determination" to proceed with the Improvement District.
1 thank you all for coming. Have a safe journey home and aloha. We are
now adjourned.
ADJOURNMEN"t: At 8:05 p.m., the meeting was declared adjourned by the Chair.
COUNTY CLERK
AK/gy/dl
Page 54
c=r.c- -
LEG:~L'-
July 9, 2004
04 JUL 12 PFl I~ 0?
Hawaii County Council Chairman and Members
County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: RESOLUTION No. 197-04 WATER SYSTEM IMPROVEMENT DISTRICT
KONA COASTVIEW and KONA WONDERVIEW SUBDIVISIONS, NORTH
KONA, HAWAII TMK Plat Nos. (3)7-3-13, -014, -015, -016, -022, -023, -028
JOHN DELMON DYKES JR. TMK (3)7-3-015-030-0000
On July 12, 2004 the Hawaii County Council is proposing to pass Resolution No. 197-04,
Water Improvement District, Kona Coastview and Kona Wonderview Subdivisions, North
Kona, Hawaii to consist of the design, construction, acquisition and installation of a public
water system for the Improvement District consistent with applicable Dept. of Water
Supply standards and thereafter owned, operated, and maintained by the Dept. of Water
Supply. The majority of the 437 property owners within the Water Improvement District
are without Dept. of Water Supply, County of Hawaii water. Only a small number of
individuals, including myself, are currently on Dept. of Water Supply, County of Hawaii
water. Upon Resolution No.197-04 passing, I will be assessed a prorated fee of
$9,694.50 for this improvement which I believe unfair as I already have water from the
Dept. of Water Supply, County of Hawaii.
I, John D. Dykes Jr., TMK (3)7-3-015-030-0000 do not want to be included within the
proposed Water Improvement District. I ask that the Hawaii County Council ammends the
upcoming Resolution of Determination to not include me within the proposed Kona
Coastview and Kona Wonderview Water Improvement District and to exempt and delete
prorated project assessment cost to me, John D. Dykes Jr., TMK (3)7-3-015-030-0000.
Monies I have paid for years for water usage to the Dept. of Water Supply, County of
Hawaii has supported the operation, improvement, and maintenance of the Dept. of Water
Supply, County of Hawaii Water System islandwide. Assessment of additional fees to
me, a metered property owner is unfair. It is my opinion that I, an owner of property within
Kona Coastview and Kona Wonderview subdivisions, North Kona, Hawaii currently on
Dept. of Water Supply, County of Hawaii water with a County meter be exempt from any
and all cost assessed to the proposed Water System Improvements pursuant to
Resolution No. 197-04 and not be included in the final project cost assessment.
Your ammendment of Resolution No. 197-04 exempting and deleting me, John D. Dykes
Jr., TMK (3)7-3-015-030-0000, a property owner on Dept. of Water Supply, County of
Hawaii water with a County meter from assessed project cost within the Kona Coastview
and Kona Wonderview Water System Improvement District is greatly appreciated.
Sincerely,
John Delmon Dy es Jr.
P. O. Box 5619
Kailua-Kona, Hawaii 96745 XN~3
TMK (3)7-3-015-030-0000 ~ .r F
cc: Rory Flynn, J. Curtis Tyler III 643'
Comm. No. I
Ref. To• ~rNad~d
Ref. Dafe
June 28, 2004
,
r
Hawaii County Council Chairman and Members
County Clerk
County of Hawaii
25 Aupuni Street ~
Hilo, Hawaii 96720
N
Re: RESOLUTION No. 197-04
WATER SYSTEM IMPROVEMENT DISTRICT
KONA COASTVIEW and KONA WONDERVIEW SUBDIVISIONS, NORTH
KONA, HAWAII
TMK Plat Nos. (3)7-3-13, -014, -015, -016, -022, -023, -028
I would like to request that the Hawaii County Council ammends the Resolution of
Determination to the proposed Kona Coastview and Kona Wonderview water
improvement district to exempt and delete prorated project assessment cost for property
owners on County water with County meters within this district.
Monies paid for years by metered property owners to the Hawaii County Department of
Water Supply has supported the operation, improvement, and maintenance of the County
of Hawaii Water System islandwide. Assessment of additional fees to metered property
owners is unfair. It is my opinion that owners of properties within Kona Coastview and
Kona Wonderview subdivisions, North Kona, Hawaii currently on County of Hawaii water
with County meters be exempt from any and all cost assessed to the proposed Water
System Improvements pursuant to Resolution No. 197-04 and not be included in the final
project cost assessment.
Your ammendment of Resolution No. 197-04 exempting and deleting property owners on
County water with County meters from assessed project cost within the Kona Coastview
and Kona Wondenriew Water System Improvement District is greatly appreciated.
Sincerely,
y~
John Delmon Dykes Jr.
P. O. Box 5619
Kailua-Kona, Hawaii 96745
TMK 7-3-015-030-0000
cc: Rory Flynn
J. Curtis Tyler III p
Comm. No. ~ 3'0
Ref. To:
Ref. Date
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July 7, 2004
County Clerk
County of Hawaii
25 Aupuni Street
Hilo, HI 96720
Aloha County Clerk,
Thank-you for the notice regazding the proposed improvements in the Coastview
Subdivision. Many residents in the neighborhood aze looking forward to having an above
boazd water system and I'm sure it will contribute towazd the purity of the water and
maybe even home value. However, per my conversation with Rory today, we are
requesting to be excluded from the project. Our tax map key is 7-3-022-105-0000, our
address is 73-4235 Hookumu Street. We aze one of a few homes that back the
Mamalahoa highway and already enjoy county water service. Our family, like many, has
a tight budget. It would not be in our best interest to be required to pay for a service that
we cun•ently have. Thank you.
I
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Amber Ellis Dan Ellis
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July 13, 2004 r ',lT'
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Hawaii County Council Chairman and Members
County Clerk
County of Hawaii
25 Aupuni Street
Hilo, Hawaii 96720
Re: RESOLUTION No. 197-04
WATER SYSTEM IMPROVEMENT DISTRICT
KONA COASTVIEW and KONA WONDERVIEW SUBDIVISIONS, NORTH
KONA, HAWAII
TMK Plat Nos. (3)7-3-13, -014, -015, -016, -022, -023, -028
JOHN DELMON DYKES JR. TMK (3)7-3-015-030-0000
Dear Hawaii County Council Chairman and Members,
On July 12, 2004 the Hawaii County Council proposed to pass Resolution No. 197-04,
Water Improvement District, Kona Coastview and Kona Wonderview Subdivisions, North
Kona, Hawaii to consist of the design, construction, acquisition and installation of a public
water system for the Improvement District consistent with applicable Dept. of Water
Supply standards and thereafter owned, operated, and maintained by the Dept. of Water
Supply. The majority of the 437 property owners within the Water Improvement District
are without Dept. of Water Supply, County of Hawaii water. Only a small number of
individuals (119), including myself, are currently on Dept. of Water Supply, County of
Hawaii water. Upon Resolution No.197-04 passing, I will be assessed a prorated fee of
$9,694.50 for this improvement which I believe unfair as I already have water from the
Dept. of Water Supply, County of Hawaii.
The 119 property owners on Dept. of Water Supply, County of Hawaii water represents
approximately 27% of the total 437 Water System Improvement District property owners.
437 minus 119 equals 318. The Net Project Cost of $4,236,495.00 divided by 318
equals $13,322.31. $13,322.31 is not much more than $9,694. 50. In all fairness, the
119 property owners on Dept. of Water Supply, County of Hawaii water should not have
to pay for something they already have. If you truly are planning to use this project as an
example for other communities, I assure you that you will have the same feeling of
resentment and unfairness with their existing property owners on Dept. of Water Supply,
County of Hawaii water. No one wants to pay for something they already have. The
property owners not currently on the Dept. of Water Supply ,County of Hawaii water will
have a tremendous value for their money. The property owners, such as myself, who are
currently on Dept. of Water Supply, County of Hawaii water will have little improvement.
When I first puchased this property with existing Dept. of Water Supply, County of
Hawaii water I thought it was a good purchase. Now I feel that I am being penalized for
having a home with Dept. of Water Supply, County of Hawaii water. Your Water System
Improvement District prolect is a good project. I want everyone to experience the same
level of service I have been experiencing over the past 13 years or so at this particular
property. The solution is to let the property owners currently without Dept. of Water
Supply, County of Hawaii water have their Water System Improvement District project
and let them pay for it completely on their own, excluding the 119 property owners that are
already on Dept. of Water Supply, County of Hawaii water. I should not have to feel that
now I need to sell my home because I am being treated unfairly.
I, John D. Dykes Jr., TMK (3)7-3-015-030-0000 do not want to be included within the
proposed Water Improvement District. I ask that the Hawaii County Council ammends the
upcoming Resolution of Determination to not include me within the proposed Kona
Coastview and Kona Wonderview Water Improvement District and to exempt and delete
prorated project assessment cost to me, John D. Dykes Jr., TMK (3)7-3-015-030-0000.
Monies I have paid for years for water usage to the Dept. of Water Supply, County of
Hawaii has supported the operation, improvement, and maintenance of the Dept. of Water
Supply, County of Hawaii Water System islandwide. Assessment of additional fees to
me, a metered property owner is unfair. It is my opinion that I, an owner of property within
Kona Coastview and Kona Wonderview subdivisions, North Kona, Hawaii currently on
Dept. of Water Supply, County of Hawaii water with a County meter be exempt from any
and all cost assessed to the proposed Water System Improvements pursuant to
Resolution No. 197-04 and not be included in the final project cost assessment.
Your ammendment of Resolution No. 197-04 exempting and deleting me, John D. Dykes
Jr., TMK (3)7-3-015-030-0000, a property owner on Dept. of Water Supply, County of
Hawaii water with a County meter from assessed project cost within the Kona Coastview
and Kona Wonderview Water System Improvement District is greatly appreciated.
According to your Project /Legislative Timetable, on July 23, 2004, there will be the
Council Resolution of Determination based on 7/12 public hearing. Please contact me in
regards to your desicion.
Sincerely,
i ~ ~"'t-
John Delmon Dykes Jr.
P. O. Box 5619
Kailua-Kona, Hawaii 96745
TMK (3)7-3-015-030-0000
cc: Mayor Harry Kim
Rory Flynn,
J. Curtis Tyler III
July 12, 2004
Water System Improvement District
Kona Coastview and Kona Wonderview Subdivisions
North Kona, Hawaii
TMK (3) 7-3-13, 014, 015, 016, 022, 023, 028
Dear Mayor Kim and All County Council members,
At the hearing on August 2"d, 2002 the project cost was estimated to be approximately $6,353.00 per property
owner. Due to the slow processing by the County of Hawaii and The Water Department Supply it has taken an
additional 2 years to come to a final answer.
Now the quote is up to $9,694.50 per property owner.
How do we ensure a timely professional completion of this project? How do we ensure the project will not cost
thousands more due to cost overruns? We need to be involved.
COST and TIME LINE:
What will be our actual time line and cost per month?
MONTHLY PROGRESS REPORT:
We need a monthly up date on progress. It can be posted to a website so the public can be aware of how their
money is being spent, and the project is progressing.
There are areas we need to address and make policies and procedures for this system.
We the property owners are paying for the system in full. We should be credited for any and all additions to this
system prior to the loan being paid in full.
That means if 422 property owners are paying for these pipes and fire hydrants then any additional connections
must be credited back to the property owners paying for the system. After all we are expected to pay an
approximate amount of $40,000.00 for Bond Counsel, Underwriting, Printing and County Clerk Admin. costs.
The County needs to address the ROADS.
How are they planning on maintaining the traffic flow and the safety of the property owners?
The roads will be dug up for approximately 2 years. We need to think ahead for once.
Kie Kie and Na Na street's need to open together.
Only one cross street will not bear the traffic.
This water improvement district does not include the replacement of the roads upon completion of the system.
This is because in 1963 these roads were dedicated to the County of Hawaii and they have never put a dime into
new pavement. We have paid our taxes where are our roads?
The comalete repavine of these roads needs to be added to the county bud¢et for 2006.
Please respond to: mcg_eachy~a hawaii.rr.com
Respectfully Submitted,
Mrs. Susan McGeachy
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