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HomeMy WebLinkAboutResolution 320-10COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 320 10 A RESOLUTION AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO PROVIDE ROAD MAINTENANCE MATERIALS FROM COUNTY -OWNED QUARRIES FOR 1'HE PURPOSE OF MAINTAINING COUNTY ROADS INVENTORIED AS "ROADS IN LIMBO." WHEREAS, Hawaii Revised Statutes, Section 264-1. Public highways and trails, subsection (a) states: "(a) All roads, alleys, streets. ways, lanes. bikeways. bridges, and all other real property highway related interests in the State, opened, laid out, subdivided, consolidated. and acquired and built by the government are declared to be public highways. Public highways are of two types: (1 ) State highways, which are those lands, interests, or other real property rights, as defined above, having an alignment or possession of a real property highway related interest as established by law, subdivided and acquired in accordance with policies and procedures of the department of transportation, separate and exempt from any county subdivision ordinances. and all those under the jurisdiction of the department of transportation. and (2) County highways, which are all other public highways."; and WHEREAS, this provision of State law provided for the establishment of what arc commonly known as "Roads in Limbo," and vested jurisdiction of these "roads" over to the County without any source of funding; and WHEREAS, the issue of maintenance of these governmental roadways became a political football that was punted back and forth between the State and the County of1-Iawai`i, with neither governmental body taking responsibility for maintenance; and WHEREAS, many communities served by "'Roads in Limbo" had no choice but to take on the maintenance of roadways in order to safely tra% erre over these roads: and WHEREAS, in Fiscal Year 2006-2007. the Hawaii County administration accepted the responsibility of maintaining existing "Roads in Limbo" within the County oI' Hawai`i; and WHEREAS, the County of Hawai`i, Department of Public Works web site provides a report dated July 3, 2007, reflecting a total of 122.6 miles of "Roads in Limbo" County -wide; and WHEREAS, the breakdown of the "Roads in Limbo" inventory for each district in the County of 1 lal,vai`i is as follows: 1. District 1 2. District 2 3. District 3 4. District 5 5. District 6 6. District 7 7. District 8 8. District 9 being 55.9 miles; and 4 as combined being 7.8 miles: being 13.1 miles; being 17.0 miles; being 9.6 miles; being 4.5 miles; being 5.3 miles; being 9.4 miles; and WHEREAS, a great percentage of the County roads inventoried since 2006 as '-Roads in Limbo" have not received any maintenance attention due to the already heavy workload of the Department Public Works, which maintains over 900 miles of County roadways; and WHEREAS, although the responsibility for maintaining these roads clearly belongs to the County, the burden and expense of maintaining many of the "Roads in Limbo" has fallen on the shoulders of residents living on properties served these roadways; and WHEREAS, the major expenditure for road maintenance of these roadways is the delivery and cost of gravel, and equipment needed to spread road materials; and WHEREAS, the County of Hawai`i inventory reflects ownership of the following seven quarries: TMK Description Acres 1-2-007: 004 Keokea Hmstd Kaimu. Puna 13.2 2-1-013: 148 Hilo Landfill Site 40 3-2-002: 062 Waikaumalo Gulch. North Hilo 3.42 4-6-011: 042 Honokaia, Hamakua 18.044 5-5-002: 031 Ka'auhuhu Hmstd.. North Kohala 1.3 5-5-002: 032 Ka'auhuhu Hmstd . North Kohala 17.28 8-2-009: 007 Kalanakumu-Kahauluaiki, South Kona 1.64 4-7-006: 001 Kapulena Quarry. 1-I5makua 106 WHEREAS, the Hawai`i County Council sees the benefits of the Department of Public Works forming partnership(s) which would provide and deliver road maintenance material at no cost from our publicly -owned quarries to communities agreeable to spreading the materials on these County roadways: and WHEREAS, the Hawai`i County Council deems that these partnerships are in the best interest of the County as they will save money over the long run. while providing these "Roads in Limbo' the attention they require to be safe and passable roadways for our community; and WHEREAS, any road maintenance materials provided from our quarries will he strictly utilized for County '`Roads in Limbo" and not for private purposes; and WHEREAS, the Department of Public Works would oversee the program and form the partnerships and agreements necessary with communities serviced by these governmental roadways; and WHEREAS, the District Council Member can help provide support to the Department of Public Works by facilitating and organizing meetings with the community: now. therefore. BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it authorizes the Department of Public Works to provide road maintenance materials at no cost from our publicly -owned quarries for the purpose of maintaining County roads inventoried as "Roads in Limbo" to communities agreeable to spreading the materials on these County roadways. BE IT FURTHER RESOLVED the Department of Public Works would oversee the program and form the partnerships and agreements necessary with communities serviced by these governmental roadways. BE 1T FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to the Honorable Mayor William P. Kenoi and the Director of the Department of Public Works Dated at Kona , Hawai`i, this 20th day of April , 2010. INTR UCED BY: COUNCIL MEMBEOF HAWAII COUNTY COUNCIL County of Hawai`i Hilo, Hawai`i f hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on April 20, 2010 ATTEST: COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER 3 ROLL CALL VOTE Reference: C-765/PWIRC-75 RESOLUTION NO. 320 10 AYES NOES ABS EX ENRIQUES X FORD X GREENWELL X I IOFFMANN X IKEDA X NAEOLE-REASON X ONISHI X YAGONG X YOSHIMOTO X • 6 2 1 0 Reference: C-765/PWIRC-75 RESOLUTION NO. 320 10