HomeMy WebLinkAboutREP PWPC 011 02/16/1999 1998-2000 REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND PARKS
DATE: February 16, 1999 RE: COMM. NO. 122 !RESOLUTION NO. 31-99
PLACE: Councilroom
TIME: 9:06 a.m.
Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Public Works and Parks, to which was referred Communication No. 122, and
attached Resolution No. 31-99, reports as follows:
The purpose of Resolution No. 31-99 is to authorize the County, pursuant to Section 23-10 of the
Hawaii County Code and article XIII, section 13-12 of the Hawaii County Charter, to accept a
dedication deed transmitting real property for road and drainage purposes from the Sunrise Ridge II
Homeowners Association. The dedication deed is for a roadway lots located in South Hilo,
specifically identified as Tax Map Key Nos: (3) 2-3-43-010, 2-4-67-039, and 2-4-67-040.
Communication No. 122 is a letter from Deputy Corporation Counsel Gerald Takase, dated
December 14, 1998, which transmits Resolution No. 31-99 to the County Council for its review and
consideration. Mr. Takase states that the deed has been reviewed by the Department of Public Works,
the Planning Department and Department of Water Supply, which have previously approved the
improvements made to the subject property.
Your Committee discussed concerns expressed by the residents of the subdivision who discovered in
December of 1997, that the developers did not dedicate the subdivision improvements (i.e. roads,
sewer system, street signs, and street lights) to the County. In essence, this means that the
Association, which consists of the homeowners and lot owners, are currently responsible to maintain
the subdivision improvements, and may be held liable for injuries or accidents that may occur on or
are caused by those improvements. Residents also expressed the fact that they purchased the property
with the assumption that the improvements had been dedicated over to the County. Upon discovering
they were not, Day-Lum Rental & Management, lnc., who is the property manager of the subdivision,
began to work with the County to complete the dedication.
By letter dated August 28, 1998, from Galen Kuba of the Engineering Division of the Department of
Public Works, addressed to Gerald Takase, Deputy Corporation Counsel, Mr. Kuba recommended
deferral of the dedication until items in the areas of the wastewater system, and traffic signs and
marking were rectified. The Association expressed the concern that nothing was done between
August 22, 1995 to June 25, 1997 based upon a chronology of events on this matter. Residents were
under the impression that the County accepted the dedication because the County were collecting
water and sewer fees from the residents.
Committee on Public Works & Parks
February 16, 1999
Page -2-
Your Committee expressed concern of possibly recouping funds from the developer to help pay for the
cost to repair the sewer system. Deputy Corporation Counsel Gerald Takase will be checking to see
what, if any, subrogated rights the County may have, should the property be dedicated.
Your Committee is in accord with the purpose and intent of Resolution No. 31-99 and recommends its
adoption.
.
la
AYES NOES A&E EX Respectfully submitted
YAGONG X
ELARIONOFF X C MITTEE ON PUBLIC WORKS & PARKS
CHUNG X
JACOBSON X
LEITHEAD-TODD x DOMINIC YAGO , R
PISICCHIO X P~7~7&PC RE O ~ ~
SMITH X
TYLER X ADOPTED: MaY 1 ~ 200
ARAKAKI E.O.M. X