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HomeMy WebLinkAboutCOM 0293.002 2004-2006 Robello, Alfred From: J. C. Tyler III [jct3kona@hawaii.rr.com] Sent: Tuesday, June 14, 2005 8:16 AM To: County Council Tx Subject: Resolution 108-OS (6/7/05 Finance Cmttee Mtg) Aloha Chair Isbell 8 Finance Committee Members, I have reviewed the subject resolution, and, based on the questions below, I am unable to determine exactly what is proposed here, what the public and private costs will be, and why the public should assume . all liability and responsibility at this time. If you find yourself with the same questions, perhaps it may be prudent to defer this matter until the following information is obtained: I. There are no maps showing the locations of (1) the proposed Naalehu and Pahala wastewater systems or (2) the 6.409 acres to be donated. I suggest they be included as part of the reso. II. There is no explanation of what the overall costs of these systems will be and whether or not the residents want or need to be hooked up to a county system I realize the gang cesspool system is now out of compliance with EPA regulations, but are individual septic or cesspool systems allowed for some or all of the subject landowners? If so, will these be more cost efficient? III. Why should the County, on behalf of all public taxpayers, accept a non-compliant system and incur unspecified, but likely large, costs, responsibilities and liabilities now just because a private company may not be able to own or operate the system in the future? IV. The fifth"whereas"clause indicates that "the County is willing and able to accept improved community sewer systems in Naalehu and Pahala." Does this mean that C Brewer will be upgrading the systems prior to the takeover? If so, this is contrary to what the title and larger body of the resolution seems to contemplate. If not, the language needs amending. V. How will the donation of land "assist in financing the cost of installing house sewer lateral connections and other Naalehu and Pahala water system requirements" as stated in paragraph 1 of the "be it resolved" clause? Will it be sold to generate the funds? If so, how much is it worth? Additionally, what is the total cost of these laterals and will there be sufficient funds generated or provided to install them? Or will the $280,000 mentioned in paragraph 2 cover them all? If not, how much will the homeowner be required to pay? What are the "other Naalehu and Pahala water system requirements" and how will these be financed? VI. If the County is to "assume C Brewer & Company Limited's position" and "further responsibility or liability in the implementation and completion of these systems" (as stated in paragraph 4 of the first "be it resolved" clause), what is the legal basis for the County to accept such a substandard system? As I recall, Chapter 23 of the Hawaii County Code may actually preclude such a thing. In any case, how does the Department of Environmental Management feel about such actions? I understand that there is problem with certain private gang cesspool systems in Naalehu and Pahala, but I am having difficulty understanding Comm. No. ~ ~ • 2 exactly what the County will be undertaking, in the name of all Ref. To: Pr L t Rcif. Date taxpayers, if this resolution is adopter. it currently reads. Thank you for the opportunity to present this information and for your careful consideration of it. Curtis J. Curtis Tyler III 73-1305 Hiolani Street Kailua-Kona, HI 96740-9344 Tel: 808.325.6600 Fax: 808.325.6452 Eml: jct3kona@hawaii.rr.com z