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<br />Kai Ala Partners LLC <br />Written Testimony before the Environmental Management <br />Commission <br />December 29, 2021 <br /> <br />Chair Adams and Members of the Commission, <br /> <br />We are here today to ask for your favorable consideration of Kai Ala Partners, LLC appeal from <br />the decision in Director dated June 10, 2021, denying our request that <br />the billing for the property at 75-5944 Alii Drive, Kailua-Kona, HI, be changed from two service <br />charges for sewer service to a single sewer service charge and that the amounts illegally over <br />charged by the Sewers Division since July of 1998 be refunded. <br />Director Mansour and the Division have treated a storage room and utility room and bath as a <br />-2. The section with the <br />definitions does not grant the Director the authority to charge a sewer fee for a residential <br />dwelling, as that power is only found in Chapter21, Article 4, Section 21-31 which states: <br />{ĻĭƷźƚƓ ЋЊΏЌЊ͵ {ĻǞĻƩ ǒƭĻƩ ĭŷğƩŭĻƭ ŅƚƩ ƩĻƭźķĻƓƷźğƌ ĭǒƭƷƚƒĻƩƭ͵ <br /> {ĻǞĻƩ ǒƭĻƩ ĭŷğƩŭĻƭ ŅƚƩ ƩĻƭźķĻƓƷźğƌ ĭǒƭƷƚƒĻƩƭ ƭŷğƌƌ ĬĻ ğƭƭĻƭƭĻķ Ʒƚ ğƌƌ ƌƚƷƭ ğĭĭĻƭƭźĬƌĻ Ʒƚ <br />ğ ƦǒĬƌźĭ ƭĻǞĻƩ ƚƩ ƦǒĬƌźĭ ŭğƓŭ ĭĻƭƭƦƚƚƌƭ ǞŷĻƷŷĻƩ ĭƚƓƓĻĭƷĻķ ƚƩ ƓƚƷ͵ <br />ƭĻƩ ĭŷğƩŭĻƭ ŅƚƩ ƭĻǞĻƩ <br />ƭĻƩǝźĭĻ Ʒƚ ƩĻƭźķĻƓƷźğƌ ĭǒƭƷƚƒĻƩƭͲ Ǟŷźĭŷ źƓĭƌǒķĻ ƭĻƩǝźĭĻ ŅƚƩ ƭźƓŭƌĻ ŅğƒźƌǤ ķǞĻƌƌźƓŭƭͲ ķǒƦƌĻǣĻƭͲ <br />ŷƚǒƭźƓŭ ƦƩƚƆĻĭƷƭͲ ĭƚƓķƚƒźƓźǒƒƭͲ ƷƚǞƓŷƚǒƭĻƭͲ ğƦğƩƷƒĻƓƷƭͲ ğƓķ ķƚƩƒźƷƚƩźĻƭ ƭŷğƌƌ ĬĻ <br />ğĭĭƚƩķźƓŭ Ʒƚ ƷŷĻ ƭĭŷĻķǒƌĻ ƭŷƚǞƓ ǒƓķĻƩ ЋЊΏЌЏ͵Њ͵ <br />ƓƚĭĭǒƦźĻķ ǒƓźƷƭ Ǟźƌƌ ĬĻ ğƭƭĻƭƭĻķ ğ ƒƚƓƷŷƌǤ <br />ŅĻĻ Ļƨǒğƌ Ʒƚ ƷŷĻ ĭǒƩƩĻƓƷ ƒƚƓƷŷƌǤ ƭĻƩǝźĭĻ ŅĻĻ͵ <br />No where in Section 21-31 is there mention of a storage room, laundry room or bathroom and <br />therefore Director Mansour has no legal authority to charge Kai Ala Partners LLC a sewer fee for <br />this structure. Furthermore, this building is an annex to the main residence and is connected to <br />that building by electric lines and the hot water system͵ <br />ķǞĻƌƌźƓŭΏŷƚǒƭĻ źƓ Ћ͵ wĻğƌ 9ƭƷğƷĻ͵ ŷĻ ŷƚǒƭĻ ğƓķ ğƌƌ ĬǒźƌķźƓŭƭ ğƷƷğĭŷĻķ Ʒƚ ƚƩ ĭƚƓƓĻĭƷĻķ ǞźƷŷ <br />ƷŷĻ ŷƚǒƭĻ͵ Clearly, the property at 75-5944 Alii Drive consists of a main residential building <br />and an outbuilding that originally housed the freshwater catchment tank (later converted to a <br />storage room), laundry facility and bathroom and should be considered as one dwelling in <br />accordance with <br /> <br />