HPP Special Assessment Proposal

[mikewj]

Kelena:

Thank you for injecting some common sense into this discussion. I concur absolutely.

I am sorry to have missed this meeting, but I will be on Island permanently this weekend.

Anything I can do to help encourage the retention of a specialized attorney I'm willing to do going forward.

Let me add I live on an unpaved road and I like it! It was unpaved before I built, so I left a large setback from the street when I planned the house.

[oink]

Thanks Glen,
You expressed my thoughts as well, although $2,500 per lot sounds reasonable, if it is in fact possible. If we do have a vote on the issue I hope I get my two ballots promptly enough to allow me sufficient time to actually submit a vote. It seems on most issues I either get only one vote for my 2 lots or I don't get a ballot in time to vote, if at all.

Edit to add that I don't mind the roads as they are. I've lived on much worse dirt roads.

Pua`a
S. FL
Big Islander to be.

[Obie]

"Hawaii’s Department of Health is remaining steadfast on its position that Hawaiian Paradise Park control its dust problem."

I doubt that hiring a lawyer is going to do anything but make some lawyer richer.

Fugitive dust is a serious health issue.

You could try a dust control product such as this :

http://www.dirtglue.com/

[Royall]

It will be tough on retired people with a fixed income if it goes that far. I realized what I was buying and didn't expect anymore than that. I'm happy with my dirt road and the fact there isn't any street lights to block out the stars.

Royall

Hale O Na Mea Pa`ani

[dwedeking]

+1 Royal

quote:

---

I realized what I was buying and didn't expect anymore than that.

---

Sad statement that such common sense isn't very common.

[macuu222]

I really don't think the board wants to do this either. But if they put it to a vote and the majority say no (which Im sure they are counting on)...they can take that to the state and say we tried but our membership says keep the roads as is. What can the state do? Fine HPP or every individual lot owner in HPP? They don't want the problem anymore than we do.

[Rob Tucker]

Sue the County of Hawaii for failure to enforce the subdivision laws in place at the time the subdivision was approved.
Ask CoH for the money to bring the roads to the standard required by law in 1959... which CoH failed to do.

That's what I'd do... and it need not be too expensive. Make a case, file it and let CoH respond. I would expect the CoH to
get to talking with the state about it right away.

[Kelena]

I think that is correct, macuu222. However, there is a risk that the proposal could pass. I am not dead set against the proposal. I understand why people on unpaved roads may want their roads paved (I also understand why some people, such as I, who live on paved roads may wish that their roads were unpaved, to deter speeders). However, the proposal to pave the roads should be decided, in my view, completely on its own merits or lack thereof, and not in response to the dust complaints.

While paving all roads would presumably resolve the dust complaints, we should not pave the roads to resolve the dust complaints until we have a clear understanding of our obligation in that regard.

Neither should we be going through the expense and effort of having a vote on paving all roads, simply to establish that HPP is making good faith efforts to resolve the dust complaints. While I would never discourage good faith efforts to resolve a dispute, we must first determine whether the dispute is legitimate and whether we need to lift one single pinky in response to it. You can tell me you want me to get rid of my 20 foot TV antenna and I might do it, but if you put me in an adversarial position by bringing an action against me, I will first get legal advice on whether I HAVE to get rid of my TV antenna.

The Deputy A.G. will naturally encourage a settlement of the dispute without regard to whether it is in the least bit meritorious. The fact that the A.G. is urging us to do something should probably not be taken as a sign that we are legally obliged to do something. The A.G. is not our attorney.

All of the foregoing is lay opinion on my part and is solely for the purpose of letting my neighbors know that I think the paving issue and the dust issue should be considered and resolved independently of one another, with the dust issue being addressed first. HPP should rely solely on expert legal counsel to resolve the dust complaint and should do so post haste. I would never have gone to Honolulu to meet with the Deputy Attorney General without an attorney at my side, unless circumstances (e.g., short notice, lack of funding for an attorney) required it.

[jade]

The dust complaint should be handled first or be prepared to pave all of the roads (even the dead ends) or you will get more complaints of dust issues. Now that everyone know this is how to get your road paved.

[Frank]

Aloha Kelena
your post of 8-15-12 at about 2100 on this thread--request for permission to copy and paste in email to all my friends here in HPP

Mahalo