COM 0598.022 2006-2008 - Laserfiche WebLink

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r BACKGROUND Problems with Council revisions to Bill 51. We understand that Bill 151 is an attempt by a Coundl member to address the problems and complications caused by Coundl revisions to Bill 51. We have been informed that Bill 51 was originally intended by the Hawaii County Department of Public Works Department ("DPIN~ to be a "housekeeping° measure, proposing revisions to the Hawaii County Code to ensure compliance with various Federal and State regulations induding those of the Federal Emergency Management Administration and that the original DPW draft bill satisfied the federal and state requirements. However, due to certain additional amendments made by Coundl members ("additional arbitrary requirements', professional engineers, developers and others have described Bill 51 as "extremety problematic,° and have raised, among other things, the following concerns regarding Bill 51: • Additional arbitrary requirements which are not based on scientrfic or engineering prindples, practices and considerations; • conflicts with existing law and rules; • Additional arbitrary design standards more restrictive than federal and state requirements; • Additional arbitrary tedmigl requirements based on ambiguous and undefined terms; • Additional arbitrary requiremerrts which restrict use of private property and increase costs of building affordable and market homes; • Procedural inaccuracies; • Potentially detrimental impacts. As a result of the overwhelming critidsm, several public informational meetings were held, which induded Coundl members, DPW representatives, professional engineers, the members of the community. The County did the right thing by allowing professional and public comments. New Bill 151. While the County allowed the professionals and public to attend informational meetings, it appears that the professional engineers and community did not take part in the drafting of this new Bill 151. As explained in the August 3, 2007 transmittal to the Coundl Chair, this new Coundl bill was created based on private discussions between one Council member, the administration and staff from two Hawaii County departments and the Office of the County Clerk. It is daimed that Bill 151 reflects the effort of this small group to satisfy the minimum NFIP requirements and includes "additional changes to Chapter 27 as well.° Many of these "additional changes,° however, are arbitrary and are not based on scientrfic or engineering principles, practices and considerations. As a result, Bill 151 is still plagued with the same critical flaws described above RECOMMENDATION LURF fully supports the original intent of the bill - to ensure oompliance with various federal and state regulations, and respectfully recommends that the Coundl pass an ordinance that exdusively addresses the requirements necessary for compliance with the NFIP. 2