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February 7, 2007 <br /> Testimony of Matt Claybaugh <br /> President & CEO <br /> Marimed Foundation <br /> County of Hawaii <br /> Bill No. 345 <br /> Draft 2 -Proposed Amendment <br /> Amending: Chapter 25, Article I, subsection 25-1-5(b) Definitions ("family" and "Group living facility"); <br /> and Chapter 25, Article 2, section 25-2-61 Applicability, use permit required; (Zoning Code) of the <br /> Hawaii County Code 1983 (2005 Edition) <br /> Members of the County Council: <br /> Marimed Foundation OPPOSES proposed Draft 2 to Bill 345. <br /> Bill 345, Draft 2 as written, would reduce existing capacity to serve individuals in group living <br /> facilities and restrict the ability of private non-profit organizations to serve and treat youth and adults <br /> in Department of Health licensed group living homes. Currently, two Ohana houses on a single lot <br /> could treat 5 persons in each house without any additional permitting. Draft 2 would reduce the <br /> number to eight persons in a single house. <br /> Draft 2 is a retreat from existing law and the basic legal requirements of the federal Fair Housing <br /> Act to provide reasonable accommodations fnr disabled individuals. Advocacy Center for Persons with <br /> Disabilities, Inc v. Woodfands Estates Associab'on Inc. 192 F. Supp 2d 1344 (M.D. FI. 200Z); Remed <br /> Recovery Care Centers v. Township of Wiffiston, 36 F. Supp. 2d 676 (E.D. 1999). <br /> It is the public policy of the State of Hawaii to establish community residences in residential areas. <br /> Any impediment which directly or indirectly prevents or restricts a DOH licensed adult residential care <br /> home, intermediate care facilityfinental retardation community, or special treatment facility in <br /> residential areas is contrary to State and public policy and the Fair Housing Act. Haw. Rev. Stat. § <br /> 518-3 (2006). <br /> The Council should (a) reject Draft 2; (b) revisit the fundamental reason the State Department of <br /> Health proposed changes to the County zoning ordinances in order to support residential treatment <br /> facilities; and (c) consult closely with the Corporation Counsel about the County's legal responsibilities <br /> under the Fair Housing Ad. <br /> <br /> Thank you. <br /> Matt Claybaugh, Ph.D. <br /> President & CEO <br /> Marimed Foundation <br /> <br /> 46-001 Kamehameha Hwy. Suite 301 <br /> Kaneohe, HI 96744 <br /> <br /> 808-236-4900 <br /> Comm. No. ~S/ S <br /> Ref. 70: Presrs+eG <br /> Ref. Uate EB 0 7 ~nn~~ <br /> <br />