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Robello, Alfred <br /> From: J. C. Tyler III [jct3kona@hawaii.rr.com] <br /> Sent: Tuesday, June 14, 2005 8:16 AM <br /> To: County Council Tx <br /> Subject: Resolution 108-OS (6/7/05 Finance Cmttee Mtg) <br /> Aloha Chair Isbell 8 Finance Committee Members, <br /> I have reviewed the subject resolution, and, based on the questions <br /> below, I am unable to determine exactly what is proposed here, what <br /> the public and private costs will be, and why the public should assume . <br /> all liability and responsibility at this time. If you find yourself <br /> <br /> with the same questions, perhaps it may be prudent to defer this matter <br /> until the following information is obtained: <br /> I. There are no maps showing the locations of (1) the proposed Naalehu <br /> and Pahala wastewater systems or (2) the 6.409 acres to be donated. I <br /> suggest they be included as part of the reso. <br /> II. There is no explanation of what the overall costs of these systems <br /> <br /> will be and whether or not the residents want or need to be hooked up <br /> to a county system I realize the gang cesspool system is now out of <br /> compliance with EPA regulations, but are individual septic or cesspool <br /> systems allowed for some or all of the subject landowners? If so, will <br /> these be more cost efficient? <br /> III. Why should the County, on behalf of all public taxpayers, accept a <br /> non-compliant system and incur unspecified, but likely large, costs, <br /> responsibilities and liabilities now just because a private company may <br /> not be able to own or operate the system in the future? <br /> IV. The fifth"whereas"clause indicates that "the County is willing and <br /> able to accept improved community sewer systems in Naalehu and Pahala." <br /> Does this mean that C Brewer will be upgrading the systems prior to the <br /> takeover? If so, this is contrary to what the title and larger body of <br /> the resolution seems to contemplate. If not, the language needs <br /> amending. <br /> V. How will the donation of land "assist in financing the cost of <br /> installing house sewer lateral connections and other Naalehu and Pahala <br /> water system requirements" as stated in paragraph 1 of the "be it <br /> resolved" clause? Will it be sold to generate the funds? If so, how <br /> much is it worth? Additionally, what is the total cost of these <br /> laterals and will there be sufficient funds generated or provided to <br /> install them? Or will the $280,000 mentioned in paragraph 2 cover them <br /> all? If not, how much will the homeowner be required to pay? What are <br /> the "other Naalehu and Pahala water system requirements" and how will <br /> these be financed? <br /> VI. If the County is to "assume C Brewer & Company Limited's position" <br /> and "further responsibility or liability in the implementation and <br /> completion of these systems" (as stated in paragraph 4 of the first "be <br /> it resolved" clause), what is the legal basis for the County to accept <br /> such a substandard system? As I recall, Chapter 23 of the Hawaii County <br /> Code may actually preclude such a thing. In any case, how does the <br /> Department of Environmental Management feel about such actions? <br /> I understand that there is problem with certain private gang cesspool <br /> systems in Naalehu and Pahala, but I am having difficulty understanding Comm. No. ~ ~ • 2 <br /> exactly what the County will be undertaking, in the name of all <br /> Ref. To: Pr L <br /> t Rcif. Date <br /> <br />