HPP Special Assessment Proposal

[Kelena]

Fine by me. Not legal advice. Just a suggestion that we get legal advice on the dust complaint(s) first and then consider the road paving issue in a non-reactive posture.

[KeaauRich]

quote:

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Originally posted by 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.

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I'd take it one step further and have HPP reach out to all the other substandard subdivisions to join them in the suit.

[oink]

I would be interested in Kelena's lay opinion on whether a Statute of Limitations would apply to the County on that issue.

Pua`a
S. FL
Big Islander to be.

[DanielP]

Let DoH know that if they issue fines or mandates then the aforementioned (by Rob) actions shall be the answer. Perhaps suggest to them that they discuss the issue with County Council first.

Excellent points Kelena.

[Obie]

I don't think any of you understand that the air quality regulations begin with the Federal Government and are issued by the EPA.

The Hawaii DOH just implements those regulations.

Under Obama the EPA has been issuing regulations and then amending them almost daily.

The DOH is not going to give HPP a pass because the membership votes to do nothing !!

The DOH will start to fine HPP or the EPA will take action against the DOH.

The county of Hawaii,to this day allows variances to their subdivision ordinance.I would believe that is what they did in the case of allowing HPP to be built with substandard roads.I don't think suing COH will result in anything but wasted money.

We have been fighting the county down here in Vacationland for a number of years.They keep allowing property owners to subdivide the 5 acre farm lots down here.In only one instance has an owner done the right thing and paved the road and provide water in a manner that is acceptable to the county.

This how you build infrastructure folks !!

[macuu222]

Then they file bankruptcy because they have no money.....and then Its someone elses problem.

[Obie]

It's still your problem.

The state or the county will step in and do what ever is needed and then attach the bill to your property taxes or as a lien against your property.

[Rob Tucker]

quote:

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Originally posted by Obie

The county of Hawaii,to this day allows variances to their subdivision ordinance.I would believe that is what they did in the case of allowing HPP to be built with substandard roads.I don't think suing COH will result in anything but wasted money.

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There is no record of granted variances to the code in the formation of any subdivision records we (FoPF) examined. There is in the record protests from county engineers about the lack of infrastructure and the hazards and lack of performance by the developers.

[Obie]

Rob,
I am talking about the subdivision of 5 acre properties,not the creation of a subdivision out of huge properties.

The zoning in Vacationland Farmlots calls for 5 acre minimum properties and the county is allowing some of the properties down here to be subdivided without upgrading the roads or water.

[steve1]

Over half of the roads in the USA are not paved. They are not scheduled to be paved anytime in the future. But many municipalities, counties,states, and yes even the feds have dust mitigation plans. If there is a valid dust issue in HPP, then the dust issue may need to be mitigated, but asphalt paving is not the only solution. There are many other solutions including chemicals, synthetic barriers, different paving materials and particle sizes and cultural practices like driving slower, speed bumps, and barricading off trouble areas.

I agree with Kelena and Rob that legal options and the County and State's liability for past nonfeasance would be good to pursue rigorously. The County allowed the subdivision to occur without meeting the road standards of the day, and they should have to help out. We the residents of HPP pay huge amounts of road tax money to the State and we should be trying to receive reimbursements to help maintain our roadways.

But I also believe the HPP board has a fiduciary responsibility to spend our road surcharges wisely, and one way to protect our investment is to develop and start to follow a dust mitigation plan which includes taking complaints, assessing situations, determining best practices, and executing appropriate work.

Having a plan in place does not mean monies have to be spent all at once. A responsible plan would take budgets into account and look to incorporate many different sources of funding, like from the State and County. It would probably also take many years to phase in, but it would be a plan, and having a plan would help keep the AG off our backs.