Loading...
HomeMy WebLinkAboutRES 615 Draft 01 2006-2008COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 615 08 RESOLUTION AUTHORIZING THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO REPLACE SUBSTANDARD SEWER LATERALS IN EXPERIMENTAL AFFORDABLE HOUSING DEVELOPMENT, QUEEN LILIUOUKALANI VILLAGE SUBDIVISION, INCREMENTS lA AND 1B, LOTS 1 THROUGH 60, KEAHUOLU, NORTH KONA, TMK PLATS 7-4-011, 7-4-012 AND 7-4-013. WHEREAS, pursuant to Hawaii Revised Statutes ("HRS") section 46-15, the Mayor of the County of Hawaii, after holding a public heazing on the matter and receiving the approval of the Hawaii County Council, shall be empowered to designate areas of land for experimental and demonstration housing projects, the purposes of which are to research and develop ideas that would reduce the cost of housing in the state; and WHEREAS, pursuant to HRS section 46-15, such experimental and demonstration housing projects shall be exempt from all statutes, ordinances, charter provisions, and rules or regulations of any governmental agency or public utility relating to planning, zoning, construction standazds for subdivisions, development and improvement of land, and the construction and sales of homes thereon; provided that the experimental and demonstration projects shall not affect safety standards or taziffs approved by the public utility commissions for such public utility; and WHEREAS, Queen Liliuoukalani Village subdivision was created pursuant to the aforementioned HRS section 46-15 and the public purposes stated therein, under authority of the Mayor, and with approval of the Hawaii County Council as an experimental and demonstration affordable housing project; and WHEREAS, The County of Hawaii authorized and cooperated in development of Queen Liliuoukalani Village subdivision, exempting it from full compliance with applicable subdivision standards, using substandard "gang cesspools" which serve multiple residences; and WHEREAS, such "gang cesspools" aze owned and maintained by The County of Hawaii, and in 1972 the County of Hawaii agreed to construct, reconstruct, install, maintain, operate, repair and remove underground sewer pipe lines, manholes and other equipment for Queen Liliuoukalani Village Increment IA, and in addition to this agreement continued to service Increment 1B as well; and WHEREAS, by the late 1990's, said substandard "gang cesspool" system was costing the County of Hawaii Department of Public Works wastewater division an estimated $10,000 - $20,000 per year for repair of sewer lines and cleanup of sewage spills; and WHEREAS, pursuant to 40 C.F.R. section 144.88, existing large capacity cesspools such as the Queen Liliuoukalani Village "gang cesspools" are required to be closed no later than April 5, 2005, and WHEREAS, The County of Hawaii, through its Department of Environmental Management, has entered into a Consent Agreement and Final Order ("CAFO") with the United States Environmental Protection Agency ("EPA"), under which the County of Hawaii has agreed to construct a new sewer system to serve Queen Liliuoukalani Village, start construction on the new sewer system by October 1, 2008, and close the gang cesspools by June 1, 2010; and WHEREAS, the closure of the Queen Liliuoukalani Village gang cesspools will require the residents of that experimental and demonstration housing project to both disconnect from their gang cesspools and connect to the new sewer system, including construction of new laterals ("residential sewer laterals") from the new system, across private property, to the existing residences; and WHEREAS, the purchase price of the Queen Liliuoukalani Village experimental and demonstration housing project included the cost of connection to the substandard, unreliable and now illegal gang cesspool system; and WHEREAS, the unit cost of building new residential sewer laterals from the new sewer system to the residences of Queen Liliuoukalani Village would be substantially lower if done as part of the County of Hawai`i's construction of the new sewer system, rather than if done by individual home owners after completion of construction; and WHEREAS, the preliminary estimate of the average cost of the new residential sewer laterals, if done in conjunction with building the new sewer system, is about $17,000.00 per lot, or a total of about $1.7 million; and WHEREAS, the County of Hawaii created this experimental and demonstration housing project, with its substandard gang cesspool system for the public purpose of researching and developing ideas that would reduce the cost of housing, but this experiment is now resulting in additional remedial sewage system costs, which government should bear in furtherance of the experimental public purposes of the project; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the Council finds that the replacement of the substandard gang cesspool system residential sewer laterals, to comply with EPA requirements is within the public purposes of the Quccn Liliuoukalani Village experimental and demonstration housing project. BE IT FURTHER RESOLVED that the Council approves the replacement of said substandard gang cesspool system residential sewer laterals, to be done as part of the overall construction of the new sewer system to be installed by the County for Queen Liliuoukalani Village pursuant to the CAFO between the County and EPA, subject to consent of the individual residence owners, who shall be timely notified of the need for their connection to the new sewer system. 2 BE IT FURTHER RESOLVF,D that the Clerk of the County of Hawaii is directed to transmit copies of this resolution to: (I) Mayor Harry Kim; (2) Finance Director William Takaba; (3) Deputy Corporation Counsel Ivan Torigoe; (4) Department of Environmental Management; (5) Department of Public Works; (6) Planning Department; and (6) County Housing Agency. Dated at Kona ,Hawaii, this 7th day of May , 20 08 INTRODUCED BY: COUNTY OP HAWAII COUNTY COUNCIL County of Hawaii Hilo, Hawaii 1 hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County ofHawai`ion Me~7 ~nnR r ATTEST: cot ROLL CALL VOTE AYES NOES ABS EX FORD X HIGH $ NOFF'MANN X IKEDA g .IACOnSON X NAEOLB X PII,AGO X YAGONG X YOSHIMOTO X 9 0 0 0 eCerence C-1165/FMC-14 ESOLUTION NO. 615 ®S