HomeMy WebLinkAboutCOM 0989.135 2018-2020 I
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From: Joe Belisario
Tuesday, August 04, 2020 8.34 PM
: Tanaka, Neal; Yamamoto, David; Matsumoto, Robyn
Cc: Villegas, Rebecca; Kanealii-Kleinfelder, Matt; Lee Loy, Sue; Chung, Aaron; Poindexter, Valerie;
Kierkiewicz, Ashley; David, Maile; Eoff, Karen; Richards, Tim; Kim, Harry; Kamelamela, Joe; Yee,
Michael; KITV News;jgin@kitv.com; news @civiIbeat.org;
KHNLpublicfile@hawaiinewsnow.com; SHumber@hawaiinewsnow.com;
i
4
NWilson@hawaiinewsnow.com;Wilson, R; AFerreira@hawaiinewsnow.com;
kristina.lockwood@khon2.com; lori.silva@khon2.com; USAHI.PublicAffairs@usdoj.gov;Jason
Fujimoto; cdelaunay@prp-hawaii.com; Council Testimony
Subject: Re: Bill 179 COUNTY CLERK
Attachments: Neil Erickson David Yamamoto (3) (1) (1).pdf COUNTY OF HAWAIII
RECEIVED
Time NprA _ By
Aloha, Please have this email entered into testimony b on Bill 179 as of August S 20&00� AUG 0 4 2020
I am just a draftsman, I have lived and worked here for nearly 40 years, I represent other draftsmen and women
and also licensed architects. I am the voice for them as they are too afraid of the long existing Culture of
Retaliation, Bullyism, Favoritism, Collusion from within the DPW and Planning Departments artments .
Ironically all of these traits have been on display with Bill 179 from its conception, 18 months of
development. Then five day notice to end users which originated from Facebook on a Sunday.
Five days to review and absorb 116 pages, which balloons to 200 pages by the committee hearing. Again no advance
notice of the Ballooning.
Without any way of knowing who and what was contributed to this bill and when, Violation of the sunshine law
feels obvious.
If signed into law, and the good old boys left in charge, We will move on and this will beor our and the Mayor
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legacy. I hope you are proud.
We had a real chance of changing things. however the bundling with the UPC and the NEC compiled with next to
zero public input. weeks before a primary and general election and my two attachments kinda sums it up.
p
Nice Job, You have managed to build a great framework and foundation and filled it with the old trash.
https://www.facebook.com/ioe.belisario/videos/10220679609837442/?t=0
5pecial Announcement
Hawaii Design Group LLC has begun construction of our new stand alone facility located just above Kailua Kona. The Facility will be LEER
certified and have operational sustainable components such,permaculture,onsite fish and vermicast worming production,edible landscaping, Solar
and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be able to integrate the salve
features Into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Comm. 989.155
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Reif. Datei
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Belisario
...Toe
Senior Plazuling Consultant
Pres ident,
HAVATAII DESIGN GROUP
Post Office Box 4112
Kailua-Kona, Hawaii 96745
Tel:(808)326-7670
h aw a l i de s i g n group.com
j oeCcAawaiidesigngroup.com
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended only for the use of the addressee named above and may contain
information that is privileged and confidential. If you are not the intended recipient, any dissemination, distribution,
or copyz lg-Is'-strictly prohibited. If you received this email message in error, please immediately notify the sender by
replying to this email message or by telephone. Thank you.
On Mon, Aug 3a,
, 2020 at 7:10 AM Joe Belisario <joe hawaiidesi n rocom
up. >wrote:
Some things to consider:
1. A planned collaboration with the HPM and the Unions,can still provide affordable housing and while keeping the
unions families with a Collaboration of some sort. This has never been explored as this bill violated the
sunshine law.
2. As to the contributors to the language of the bill? not completely known.
3. No matter what is passed, the finished product WILL be subject to Rule making by directors without
public notification nor county council approval, continuing legislating from the director's chair by the power of his
pen.
4, See the article from WHT on two probably inside county consultants, Where there's smoke there is fire.
To turn your heads is a delrick of duty to the people.
5. An independent legal opinion should had to verify the validity of the 18 month process , who are the contributors,
when did they contributed, What did they contribute to this bill , before the 5 day notice to the public
6. Appendix "L" everyone connected to the construction industry, drafter, Plan makers, licensed professionals
7. The conflict rule: "When a code is in conflict the more restrictive shall apply" this default when applied to 5-4-
3 restricts preparations of plan and specification to licenced professionals only . The fact that this will not happen
due to other references to language in other chapters in law, does not remove the conflict from the proposed
code. There will come a time when someone at the DPW will interpret this conflict and apply the more restrictive.
S. I have been an end user for a long time, and multiple interpretations are rampant.
9. 18 months working in the dark, 5 days of notice and rush process to the council under a SBCC deadline not related
to the New code or appendix "L" werake of purposeful or poor conduct of the Bills writers
10. County official, private sector owner, 5 days for initial comments from qualified end users and zero input from
the general public DEMANDs a legal review of some sort to be shared with the public.
Sincerely
2
i
Announcement
5pecia
Hawaii Design Group LLC has begun construction of our new stand alone facility located just above Kailua Kona. The Facility will be LEED ,
certified and have operational sustainable components such,permaculture,onsite fish and vermicast worming production,edible landscaping, Solar
and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be able to integrate the same
features into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Joe Belisario
Senior Planning Consultant
President,
HAWAII DESIGN GROUP
Post Office Box 4112
Kailua-Kona, Hawaii 96745
Tel:(808)326-7670
hawa I ides 1gn group.com
joe@hawaiidesiPngroup.com
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended only for the use of the addressee named above and may
contain information that is privileged and confidential. If you are not the intended recipient, any dissemination,
distribution, or copying is strictly prohibited. If you received this email message in error, please immediately notify
the sender by replying to this email message or by telephone. Thank you.
On Thu, Jul 30, 2020 at 10:48 AM Joe Belisario <'oe hawaiidesi�n roll .com> wrote:
t a
Aloha,
UPDATE:
I spoke to the SBCC chairman Mr. Howrd Wiig this morning, And confirmed and Iq uote: if the 2012 related
adoption of the plumbing code (UPC) and the Electrical code (NEC) is not adopted by this
county) per HRS
that county will default adopt the States version of the UPC and the NEC. end quote.
Per Mr. Wlig he welcomes your inquiries , his direct number is 808-587-3811
All other contents of Bill 179 are moot to the SBCC.
As the opposition to this bills appendix "L" appears to be considerable and unexpected, Shows the lack of
foresight and or negligence of the bills authors.
As to the content of the current code being dumped into a great framework is another example of the lack of
foresight and awareness of how codes are interpreted by end users and county personnel at the permitting
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entry level
The bundling of the "new one chapter code" and appendix "L" to the SBCC UPC and NEC was and remains a bior
mistake. And we must learn from it, To pass it would expose this county to many unknowns for years to conte.
3
Positives or Pros:
1. we will be up to date with the NEC &UPC for a year or so, or until we adopt the 2018 IBC everything
that it.
Negatives or cons:
1. continuation of the same old culture of conduct of the DPW and the Planning departments
2- The negative impacts to all the working families related to construction, design and engineering.
3. The multiple interpretations and conflict that do arise now will increase. leaving the director to resolve via rule
making, we have that now. And even if rulemaking were subject to Council approval, Itjust adds more work for
4D.)
everyone and delays permits
4. no time to address these negative impacts, Frankly this bill does not serve the public, but it does serve a few egos.
S incerely
Z>Pecial Announcement
Hawaii Design C 1 1
11 1, Group LLC has begun construction of our new stand alone facility located just above Kallua Kona. The Facility willbeLEED
icast
worming
certified and have operational sustainable components such,permaculture,onsite fish and vermi production,
edible landscaping,
7
Solar and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be able to integrate the
same features into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Joe Belisario
Senior Planning Consultant
President,
HAWAII DESIGN GROUP
Post Office Box 4112
Kailua-Kona, Hawaii 96745
Tel:(808)326-7670
haw aiidesi�ngroup.com
joe@,hawaiidesigngroup.com
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended only for the use of the addressee named above and may
contain information that is privileged and confidential. If you are not the intended recipient, any dissemination,
distribution, or copying is strictly prohibited. If you received this email message in error, please immediately notify
the sender by replying to this email message or by telephone. Thank you.
On 'Aled, Jul 29, 2020 at 1:28 PM Joe Belisario <joe@hawaiidesigngroup.com>wrote:
Aloha Council Members.
4
I
See the attached minutes from the July 21, 2020 meeting of the State Bulldlno- Code Council in its entirety.
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1. As you can see all the communication is directed at the 2018 IBC and related code amendments with multiple
pre adoption actions.
2. On page 7 (12) (a)
(1) Its clear that the adoption of the UPC 2012 and NEC 2017 are the ONLY deadline issues for the SBCC .
r
(11) Clearly the bundling of Issues NOT related to the SBCC deadlines should have never been bundled as *t is
now.
(111) The reason it was bundled remains unknown, And any intelligent person has to ask WHY? and whatP olitical
personal or unknown agendas would drive a simple SBCC adoption down this path,
(iv) The lack of end user input raised and recognized by this council raises serious issues.
(a) pre manufactured inspection jurisdictional issues,
(b) Heavy Carpenter and PRP represented union issues. all related to appendix "L"
(c) To date I know only one draftsman that had a seat on the Kona Chamber task force, And he was mistaken as
an licenced Architect. All others on that task force were realtors, property managers and contractors NONE of
which use the code as we the end users do.
SOLUTIONS:
1. Separate the Bill and make the SBCC Deadline via redraft and adoption
2.Postpone the entire bill and default adopt the UPC and the NEC as required by the SBCC
3.Open serious communication with end users on the context of the building language being entered into the new
code into the new framework
4. Open communication with those opposed and in support of Appendix "L" find the balance, it's there
S With sufficient time appendix "L" and the context of the New building could findP ositive loner-term SMART
solutions that makes a win , win for all and most important the future. But like wine , it needs time.
6. if you adopt as is and the Mayor signs it, will result in years of ammendment or worse rule making. I have
attached a rule that has had the end user community on edge for a year with multiple deadlines see attached
yes it's a planning issues, but the same culture of operational conduct run amok,
In closing I spoke to several of you and sent you emails. I want to relate a perspective concerning and comment
�
from a certain Council member.
" We owe the DPW something for their 18 months of hard work"
To be frank WE do not owe anyone anything, 18 month of work to end up where we are and where we oro if this
bill is passed should be rewarded with those responsible losing their seats on the council and fired from DPW and
the Planning department Jobs.
A reminder: You all work for the people, something that has been forgotten a very long time ago. So longb ago the
DPW and Planning department distributes, retaliation, and rejections based on made up rules with zero cause of
action. These departments are out of control from the clerks to the directors.
5
Some of you are ready to term out, and some of you are trying to keep your jobs, Either way, don't forget to do
your Job while you are still in your chairs.
S incerely
.Special Announcement
Hawaii Design Group LLC has begun construction of our new stand alone facility located just above Kailua Kona. The Facility will be LEED
certified and have operational sustainable components such,permaculture onsite fish and vermicast worming production,edible landscaping,
Z�_,
Solar and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be able to integrate the
same features into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Joe Belisario
Senior Planning Consultant
President,)
HAWAII DESIGN GROUP
Post Office Box 4112
Kailua-Kona, Hawaii 96745
Tel:(808)326-7670
hawaildesl'ancyrou com
joeR( awa' or
_�,h ii*desI ngroup.com
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended only for the use of the addressee named above and may
contain information that is privileged and confidential. If you are not the intended recipient, any dissemination,
distribution, or copying is strictly prohibited. If you received this email message in error, please immediately notify
the sender by replying to this email message or by telephone. Thank you.
On Thu, Jul 237) 2020 at 8:19 AM Joe Belisario <joe@h�qw�qiid�esi�n�ro-L�is�om>wrote:
Aloha Council members,
I watched your July 22, 2020 session til the bitter end, The issue of"Prefabricated" / "Pre-Manufactured"
structures (big difference) Pre manufactured structures will remove jobs as noted in the oppositions of appendix
"L" As my opposition to Bill 179 has been focused on the current executing departments operational conduct
and the words of the proposed new code, I would like to offer the following to your discussion prior to
your adjournment yesterday
DEFINITION: based on my years of hands on experience as a draftsman in this County, and inilo&ed
")ith pre manufactured and prefabricated homes simplified on your behalf.
Prefabricated Structures: (prefab)
(1) components of the structures are pre fabricated in pieces, shipped in pieces and assembled on-site . (allowing
inspections) by county inspectors of all components, perfect examples? HPM, Lindal Cedar home packages.
Pre manufactured structures : (preman)
(1) Components of the structure are assembled off site in a factory, Wall, Roof components are assembled from
exterior to interior components, i.e. Windows and doors frames, T 1-11 type exterior sheathing, metal or wood
studs, electrical conduits, plumbing pipes, top and sill plates, interior drywall. All components are assembled into
wall or roof sections, sometimes called "Panels" (onsite conventional inspections problematic)
(11) These completely assembled panels are shipped to the job site and per a mounting or track system that has
been installed into the a concrete slab poured and inspected prior to arrival of the "Panels"
1. "Prefab" or "Preman" structures are not new to the big island. several versions have been permitted and built
here. I have done them.
2. The several different pre manufactured systems I have worked with were designed to make buildinc, more
affordable, yada , yada,
3. The Carpenters have no worries, although these pre manufactured projects were completed. Serious issues
were exposed during shipping and construction that made the 'preman" structure cost ineffective. I call them
one hit wonders. Truly in all attempts only one was built per system.
They do not work.
4. Prefabricated structures, MADE LOCALLY WORKS ask Jason Fujimoto. Prefabs made off island will be
exposed to some of the same negative conditions that doomed preman structures. Either way prefab structures can
be inspected per the requirements of Hawaii County jurisdiction building inspections.
5. The DPW has this info and experiences as both prefab and preman projects have been permitted and built. Due
to the age of some of the current select persons involved in the writing of appendix "L" and Bill 179, how could
they know, As they were in high school at the time of these projects and the lessons learned back then were not
perpetuated forward via some mechanism within the DPW. So history WILL repeat itself.
6. As to who builds these prefab structures, Union , non union is out of my arena, however a collaborative
agreement can always be tabled by those players.
I offer this solution:
1. As recently noted, the IECC 2015 was adopted by default creating the "window"air conditioning permitting
issue. This issue was resolved surprisingly quickly per the West Hawaii Today and other new reports via an
amendment.
2. 1 have been advocating for the separation of the "New Code" which has no deadline and the SBCC required
items due August 212020
3. If separating these items is not feasible, the only logical and responsible short term solution has to
be postponing the entire bill 179 till after the elections
4. And yes that would or may mean defaulting to the SBCC State versions of the plumbing and electrical
codes. But as in the IECC window air conditioning issue The County has shown that it can resolve inadvertent
issues via amendment quickly.
5. This action will have two major advantages
(1) More TIME to conduct serious interactions with end users of the new code that have the knowledge and
experience using and applying the code. This will allow the great framework developed for the new code
combination to be filled with lucid codes that will result in positive on site, real world applications, during actual
7
design.) engineering and construction. And significantly reduce the need for future amendments or worse rule
making
(11) Start working on the ordinances for the 2018 IBC and related code as SBCC Honolulu County is doing as we
speak Some will say that the state has not yet adopted the 2018 codes, well maybe we can work on what
amendment our county would like to see in advance and be prepared when the State does adopt the 2018 IBC. for
once let's get ahead of the game.
t)
(111) Again I reiterate the SBCC Critical Deadline Matrix provided by the State Chair of the SBCC Mr.. Howard
Wiig indicates Aug 21 2021 as the deadline for the county adoption of the 2018 IBC and related codes. this may
be subject to change, but it is on the deadline matrix.
(iv) I am currently receiving SBCC communications on issues related to the 2018 IBC adoption and predicted
issues for early review. others are way ahead of that curve. we should be there too.
To any council member, call me, I want to help 808-896-4706
S incerely
Special Announcement
D
Hawaii i Design Group LLC has begun construction of our new stand alone facility located just above Kailua Kona. The Facility will be LEER
certified and have operational sustainable components suchpermacultureonsite fish and vermicast worming production.,
ert , , edible landscaping,
Solar and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be able to integrate the
same features into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Joe Belisario
Senior Planning Consultant
President,
HAWAII DESIGN GROUP
Post Office Box 4112
Kailua-Kona) Hawaii 96745
Tel:(808)326-7670
hawaiidesigngroup.com
joe�hawaiidesigngroup.com
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended only for the use of the addressee named above and may
contain information that is privileged and confidential. If you are not the intended recipient, any dissemination,
distribution, or copying is strictly prohibited. If you received this email message in error, please immediately
notify the sender by replying to this email message or by telephone. Thank you.
On Tue, Jul 21 2020 at 9.-47 PM Joe Belisario <joe@hawaiidesigngrouj).com>wrote:
Aloha all,
8
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7
My apologies for this late entry.
Need to note a couple items
1. I have reviewed the available Comms for the July 21, 2020 session on Bill 179 FYI coms 989 was not
available on laserfiche.
I
2. Comms 989.5, 989.6, 989.7 and 989. 8. were available and have issues with emergency permitting 5-4-2
. � yp � {
which I will submit or testify to under a separate cover
3. My concern with Comms. 989.7 (a) the revision referencing 5-4-3 HRS 464 is inaccurate and leaves the
reader to subjective application and or interpretation as written
(i) I have included an excerpt of the HRS 464.4 for your reference.
(11) In reference to 5-4-3 (c) the HRS language remains the same as it was in 5-4-3 (a prior to revision .
)
4. If this Bill is to reference HRS 464 in any manner, it should reflect the exact language as written in the HRS
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and not altered.
(1) The simple solution is to reference HRS 464 in its entirety. as written, leavingno room for subject
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interpretation by anyone.
(11) as noted within this communication alone there is a conflict of re language regarding hrs 464
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whether intentional or accidental the conflict exists. And if it exists in the one communication, probability is that
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it exist elsewhere within the 197 current pages of this bill
(111) And as we all know, when the codes conflict, the more restrive shall apply
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5. HRS 464.4 read as follows:
§464-4 Public works . (a) Notwithstanding an other provision to
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the contrary, public works projects involving :
Alteration or new construction shall be required to have:
(A) Plans or specifications prepared by or under the supervision of an appropriately
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licensed professional engineer, architect, or landscape architect. The licensedrofessional engineer,
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architect, or landscape architect, as the case may be, shall stamp the plans orspecifications, and
indicate that the licensee has prepared or supervised the preparation of the plans or specifications
(i) Plans or specifications prepared by OR under the supervision of an appropriate ro nate licenced
professional engineer, Architect, etc.
(ii) removal of the wording "or under the supervision of" Clearly p can be interpreted and result
in the ending of independent draftsmen and women in this county. Including drafters that work
for architects as the architects and engineers hire drafters. (1 don't think that is the objective)
(iii) In my 40 years here on the big Island I have personally seen several efforts to eliminate
drafters. all have failed. And there are licensed professionals that can't draw or design
g
9
Weir way out of a box working for the DPW currently as they could not survive on their own out
here in the real world.
(iv) What does a failed Architect do for a living? They put themselves in a position to judge
and oversee other architects. And they retaliate via their positions on both successful
architects and drafters for their own failings. (I have many documented example of this
practise)
(vi) Incorporate Hrs 464 in its entirety, to cherry pick and alter the state law is unacceptable and
an example of had code wording with career ending impact to real people who have spent
years in school and a lifetime in business.
(vii) My noted reservation and oppositions to BILL 197 remain, Just not enough time to go through it
all, I do run a business, and have deadlines and I'm a little behind , But it's imperative that I be able to
voice my opinion on what little I know about this bill. separate it from the august 2020 SBCC deadline
items and I'll gladly share my mana'o on the filling in the good intent of the framework established thus
far
We are up for the adoption for the 2018 codes August of 2021. a short year from now via the SBCC
critical dealne matrix that was sent to me by State Chair Mr. Howard Wiig, Also spoke to Mr Peter
Myer SBCC Honolulu SBCC council member. Mr. Myer noted that He is already working on the
language of the ordinance for the august 2018 code adoptions for his Island, where are we? We have
to do it better. Our kids and grandkids will live with this work for years to come.
Sincerely
Special Announcement
1-lawall Design Group LLC has begun construction of our new stand alone facility located just above Kailua Kona. The Facility will be LEED
certified and have operational sustainable components such,permaculture,onsite fish and vermicast worming production,edible landscaping,
erti
Solar and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be able to integrate
the same features into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Joe Belisario
Senior Planning Consultant
President,
HA)ATAII DESIGN GROUP
Post Office Box 4112
Kallua-Kona, Hawaii 96745
Tel:(808)326-7670
hawalidesicrngroti xom
oe 2( ,hawaiidesignaroup.com
10
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended only for the use of the addressee named above and may
contain information that is privileged and confidential. If you are not the intended recipient, any dissemination,
distribution, or copying is strictly prohibited. If you received this email message in error, please immediately
notify the sender by replying to this email message or by telephone. Thank you.
On Tue, Jul 21, 2020 at 7:48 AM Joe Belisario <joe(a�hawalldesl ,group.coiB> wrote:
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Mahalo Ms Leeloy for this response,
Yes this was just a planning department comment, But make no mistake this thought process is buried deep
within BOTH the DPW and Planning department, and is being propagated and trained into your new hires
Just to be fair I will put out a specific DPW documented case, Which ended up with me filing a Admin
investigation.
What will be revealing is that these DPW issues stemming from a DPW plan reviewer not only show the cross
pollination of this culture but also will reveal the retaliation I received from the director, human resources and
the vendored (independant)investigator hired by the DPW assigned to my case. And further reveals that my
initial DPW complaint was set aside as the retaliatory complaint was filed against me.
This retaliatory DPW complaint took precedence on a false premises, which was retracted after putting me
through a meat grinder of a bogus investigation by a nut and totally avoided my initial complaint of plan review
complaint and without investigation nor questioning to myself, my initial complaint of DPW of plan review
was closed due to insufficient evidence.
As I stated I have every email and every communication document, I'll send a small overall version. _
It's been a common response and excuse over the years, "it a planning department issues " or "it a Building
department issue" " we'll look into it ", years I've been hearing this.
I have heard senior officials from both sides refer to the fact that we are :"different parts of the pie" and I
cannot influence other parts of the pie. Fix that FRAME WORK, before you do anything. This is your Bill and
must be held back and worked on, your bill in its current form DAMMs our community and economy , you
have a month to adopt the plumbing and electrical code for the SBCC deadline. the rest can wait. Needs to
wait, Must wait.
18 month of money and time, in a metaphor. you are putting very bad tires on a new defective car that you have
not test driven"
it's not all wasted the framework is a valid and noble movement forward, However the content within the
framework needs a lot of work that is not on the councils radar, and at some point would be nice if the public
and the people like me who have to interface with the contents of the current codes with the real world in the
preparation of permit submittals. further people like myself need to explain to many clients one at a time why
the rules are the way they are.
Do the right and logical thing, this is not a popularity contest. I have seen many businesses go bankrupt
waltinorLfor their permit. ruining LIVES.
On another note, I spoke to a senior DPW official 32 days ago on this new software that will be the backbone of
this one time permitting system. the comment I received? "They can't get the damn thing to work"
I'll prepare a DPW example for the record,
Again please enter this into testimonials of Bill 179
SEE THE ATTACHED closure of the realtors complaint. And note I have emalls, from receiving the counter
complaint to Human resources and the director noting that I was not an employee and this counter complaint
had zero merit. to no avail until I was put through the meat grinder
Also note I submitted the proper form requesting information and video of this incident, the request was never
recognized nor any records provided.
Fix that framework.
S incerely
Special Announcement
Hawa ii11 Design Group LLC has begun construction of our new stand alone facility located just above Kallua Kona. The Facility will be
LEED certified and have operational sustainable components such,permaculture,onsite fish and vermicast worming production.)edible
landscaping, Solar and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be able
to integrate the same features into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Joe Bell*sario
Senior Planning Consultant
President,
HAWAII DESIGN GROUP
Post Office Box 4112
Kallua-Kona, Hawaii 96745
Tel:(808.)326-7670
12
I
hawaiides iC n roup.com
joe@hawaiidesignroup.com
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended onlyfor the use of the addressee named above and may
y
contain information that is privileged and confidential. If you are not the intended an,reci ientdissemination
P Y
distribution, or copying is strictly prohibited. If you received this email message in error, lease immediate)
g � p Y
notify the sender by replying to this email message or by telephone. Thank you.
On Mon, Jul 20, 2020 at 8:04 PM Joe Belisario <'oe hawaiidesi n rou .com>wrote:
0 o I
Aloha County Council,
Attached is a very small job recently applied for and the story associated with it.
Application A2019-BKO2149 -
The Prq ect:
1. Very simple 240sf exterior shed roof extension.
2. per RFT records attached This dwelling originally built 1990, 20 years ago,
3. purchased by my client in November 2019
4. Attached a simple 3 sheet plan submitted to DPW for permitting
5. No existing plan available,job site copy long gone 20 years ago.
6. All County copies are destroyed per SOP, subsequently destroying the only graphical representation of
what was permitted. Note: several permitted alterations over manyears drawing- also destroyed
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7. SEE DPW rejection letter and content. All comments unrelated to the actual applied for 240 sf shed roof.
8.Rejection letter also requires owner to provide permit information for items not depicted
(1) Since the County destroys plans. the only solution? A K2 survey
(11) to hire a surveyor to perforin a K2 survey on a I acre lot of heavy jungle, $6000.00
Note K2 surveys are a certified surveys that locates metes and bounds, building setbacks, and
any structures on the subject property in relation to the setback, propertyline, and
between structures themselves accurately
(111) To physically field measure the inside and out of a 20 year old dwelling of this size to achieve an accurate
floor plan that has nothing to do with the 240 sf roof, $5000
(iv) Real Property Tax (RPT) records on show main dwelling only. no site plan is recorded.
(v) RPT has a disclaimer.
8. Since the County started destroying plans, the plan reviewers have relied heavily on the RPT "field notes"
13
(1) RPT field notes are hand drawn hand written and done by the tax assessor to determine tax assessment
values, in this case 20 years ago
(it') Problem: there exist many examples of the tax assessor noting everything they see perinitted or not.
making the field notes unreliable at this point it is a best guess by the plan reviewer. And the owner
usually loses. and frankly the county may be taxing unpermitted structures.
9. A minimum Of$11,000.00 to satisfy the plan reviewer comments and we have not yet addressed the de
mintmis 240 sf exterior shed roof.
10. this property bears 3 building permits without any plans to reference.. In some cases I can request the
original permit application and the DPW may have it. In the work description section there could be a
written description of the work done, I have personally seen "NEW HOUSE" not much help there.
11. MY POINT HERE IS TO SHOW THE ALL CC'D HOW RIDICULOUS AND EXPENSIVE CODES
CAN BE TO THE END USERS AND OWNERS WHEN APPLIED VERBATIM
12. A LOT OF WORK AND A LOT OF MONEY AND TIME FOR A 240 SF EXTERIOR SHED ROOF.
would you pull a permit?????
13. As of late the word "PICTOMETRY" has been introduced into rejections, pictometry is being used for the
bases of issuing Nov's Rejections never for approvals.
In
(i) Pictometry: i.e Facebook and Google Earth, Interesting that DPW can use social media to violate via NOV's
and or reject DPW building application , But is not used to inform the public about a bill as massive and
important as 179. and it contents.
14. This is Just ONE small example of the reform we need in the execution of the current buildinC, codes. This
In
is just one example of code interpretation gone wild. And the significant delays and cost attributed to a citizen
t ilier to do the right thing.
trying
15. The DPW has testified, quoted in the news papers and at the July 7th hearing, Claiming insufficient plans
were the primary cause of permit delays. THIS ONE EXAMPLE refutes that claim.
(1) In all my years I have learned one thing, There is no such thing as a per,feet and frankly there will
never be. rejection can be a complicated thing as in this example and to add punitive fees as proposed
super counterproductive.
(11) Plans drawn and approved are not necessarily what is built. Not due to deception, but rather because of on
site real world existing unknown conditions. And sometimes people change their minds, we called a revision
and have a age old industry standard way of dealing with it, It's called cloud and delta
(111) a current rule that is actively being applied: If a project area increases by ONE square foot of the
permitted square footage . The permit must be cancelled and a new permit applied for. Unless you have a
friend at the DPW.
Inclosing- please enter this and all my emails to the testimonial record. And please consider the real negative
impacts to the end users and the public. Table the new code change in its entirety, re-write and pass the
SBCC required 2012 adoptions ONLY.
I have been here for 40 years, and this culture has been here longer, Fix that frame work first. or you dam
our economy and for years to come.
14
Mahalo
b
Special Announcement
p€
t
E
Hawaii Design Group LLC has begun construction of our new stand alone facility located just above Kailua Kona. The Facility will be
LEER certified and have operational sustainable components such,permaculture,onsite fish and vermicast worming production,edible
landscaping,Solar and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be
able to integrate the same features into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Joe Belisario
Senior Planning Consultant
President,
HAWAII DESIGN GROUP
Post Office Box 4112
Kailua-Kona, Hawaii 96745
Tel:(808)326-7670
hawal ides iRngroup.com
joe@,hawaildesigngroul).com
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended only for the use of the addressee named above and may
. hY
contain information that is privileged and confidential. If you are not the intended recipient, any dissemination,
distribution, or copying is strictly prohibited. If you received this email message in error, lease immediately
Y
notify the sender by replying to this entail message or by telephone. Thank you.
On Fri, Jul 17, 2020 at 4:50 AM Joe Belisario <'oe llawalldesl n rou .coi11>wrote:
v
Aloha Hawaii County Council,
This email string was intended to give my mana'o on Bill 179 based on 40 ears of workinor in this count as a
. Y b Y
senior draftsman, and yes I am Hawaiian ,
Over the many years I have met some great people that work for theeo le at the Count level However
P P Y
there has always been those and decisions made in my past and current NEGATIVE documented interactions
with the Hawaii County Government. that had the feel of an uneven playing field and frankly Y has always had
a feel of racism. Something almost impossible to prove.
While listening to the Na Leo TV Hawaii County Mayoral Candidate Forum
At the time stamp 56:25 a question is asked by the moderator Of all the candidates on
institutional racism. Their answers to this question are appalling and confirming to say the least.
With all candidates answering YES and the current Mayor answering "I Hope Not" demands a full public
investigation by multiple agencies
All legislation should be stopped until it can be ascertained that said legislation is not tainted by
institutionalized Racism, corruption, collusion and possible violation of the sunshine law
15
Deadlines have no meaning as shown most recently the county can just amend or make rules via the power of
the directors Pell.
I also formally demand an investigation into my recent documented formal administrative complaints and the
handling of these complaints made to the DPW and Planning departments and all related departments and
personnel, some of these cases are still outstanding for years. Further official county responses and
correspondence reflect blatant retaliation upon myself, my business and my clients.
S incerely
https://www.facebook.cona/lialeotv/videos/1659359557547384/
Speci*(31 Announcement
Hawaii Design Group LLC has beg-Lin construction of our new stand alone facility located just above Kailua Kona. The Facility will be
LEED certified and have operational sustainable components such,permaculture,onsite fish and vermicast worming production,edible
landscaping, Solar and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be
able to integrate the same features into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Joe Belisario
Senior Planning Consultant
President,
HAWAII DESIGN GROUP
Post Office Box 4112
Kailua-Kona, Hawaii 96745
Tel:(808)326-7670
hawaiidesigngrou- com
Weachawaiidesigngroup.com
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended only for the use of the addressee named above and may
contain information that is privileged and confidential. If you are not the intended recipient, any
dissemination, distribution or copying is strictly prohibited. If you received this email message in error,
please immediately notify the sender by replying to this email message or by telephone. Thank you.
On Wed, Jul 15 2020 at 1:32 PM Joe Belisario <'oeghawaiidesigngroup.com> wrote:
Aloha All
I have listed a few real life situations that exist today that you may not be aware of, Current DPW and
Planning procedural practices, that should be looked at . as to the existing code applications and procedures
L-1
being Implemented today and will exist and impact the new code if adopted as written.
Note al-1 of these examples are documented via email communication and official county documents.
In addition I have challenged these practises via administrative formal complaints that are active today and
some that have been resolved but must be appealed, and may come before the ethics commision if
16
necessary for myself and on behalf of several clients. All are documented via email and official DPW
I
actions and letters.
the intent of this email In not to defend myself and my clients currentp ositions but rather to show this
council how codes are implemented at the end users andP ublic level, which may not blown or reflected on
or duroing during the preparation of bill 179 to this Council
1. Plan evieu, by the DPW superiyisor Neil Ercikson,
(i) The plan review process which is the mechanism that insures code compliance for articular project is
P P P J
now being used and mechanism to hunt for unpermitted structures from current to over 25 years ago.
(ii) This action alone stiffles actual permitting review of the applied for project at the plan review stage. I can j
provide very recent examples, 2019-2020 documenting this practise
(iii) This ONE questionable procedure will have a direct impact on theJ
osero d fines for rejected review
p P
and comment returns within a time limit, Some of these rejections will Y
go back 25 ears without accurate
�
missing, county records, taking months. There are many other variable that should disqualify unitive
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damages to the public as proposed via bill 179
2. Building Inspectors relating to Notices of violation.supenlisor Dwa ne Inouye Kona
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(1) I have in the past and currently represent clients under a County of Hawaii Notice of Violation.
(ii) What is obvious as of late is that the cause of action for these NOV's are subjective, based on
inconclusive records. My point is that this practice also mirrors the aggressive hunt for unpermitted
structures that began in earnest a few years ago as mentioned in item 1.. The violation may or may not exist,
Y
But to issue a NOV based on inconclusive county records and educated guessing and most recently social
media including facebook and google earth, essentially finding the violator guilty until they canP rove
themselves innocent. Is a step backwards. I have no doubt that unpermitted actions have occurred in the
past and based on the DPW and Planning department managing styles, multiple rule making and recindments
over years and most important the FAILURE to get permits out in a timely manner has directly contributed
to unpermitted building. This must be addressed before the adoption of the new buildino, code
(iii) Again I state the adoption of the Plumbing and Electrical codes should be separated from the new
building code to make the SBCC deadline.
3. Rule Making:Directors David Ynzamoto and Micheal .Yee
(i) Rule making or policy making as it was once called has been in existence for all of my 40 years
here. Considered a tool to assist the building and permitting process through the ower of the directors en
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was once used for good rules
(11) As recently as 2019-2020, there have been rule making from both the DPW and Planning- departments.,
�
that serve no greater good to the end users and the general public. In fact recent rules changes have confused
the end users, the public AND confused the county employees that interfaces with the end users via multiple
interpretations by individual county employees and their supervisors.
(iii) the proposed Bill 179 does not address these issues and if passed we are destined to repeat the
weaponizing of rulemaking, assisting the rule maker in snaking the system more restrictive.
(iv) Rule snaking without public input nor County Counsel oversight opens the rule maker to outside
influences unknown to anyone.
17
(v) End users woke up one morning and without notice and found rules that were made in 2014 and used
since were rescinded and sent the end users back 6 years. And an embarrassing explanation to our clients see
memo's 2019-9 and 2020-1 planning department. make no mistake this happens at the DPW as well and will
occur again if not addressed in bill 179.
Note; I have many documented examples to share not as means to demean anyone, but rather to use as a
roadmap to what works and what doesn't.
I again ask that Bill 179 be separated from the required SBCC deadline items for the 2012 IBC and let's work
on the New Construction code with a task force of end users that are knowledgeable with this form of
language and its impact to other codes and the County's permitting system. Rather than adopt it and be faced
with years of rule making and amendments that will follow.
Note- although the State Building Code Council has not adopted the 2018 IBC, it is scheduled on their
critical timeline matrix for County adoption for August 2021, we have a year. before we do this all over
again as to IBC amendment and adoption.
In Closing I have years of examples that memorializes many dysfunctions and good calls that exist. I would
be happy to share them in a committee or task force that has members that fully understand codes,
interpretation as it relates from the intent of a code to the impact in the field.
Please feel free to use me.
With thanks
Special Announcement
Hawaii Design Group LLC has begun construction of our new stand alone facility located just above Kailua Kona. The Facility will be
LEED certified and have operational sustainable components such,permaculture.1,onsite fish and vermicast worming production,edible
landscaping, Solar and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be
c- p
able to integrate the same features into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Joe Belisario
Senior Planning Consultant
President,
HAWAII DESIGN GROUP
Post Office Box 4112
Kallua-Kona, Hawaii 96745
Tel:(808)326-7670
hawal ides i�4ncrroup.com
joe hawaiidesigngroup.com
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended only for the use of the addressee named above and
18
may contain information that is privileged and confidential. If you are not the intended recipient, any
dissemination, distribution, or copying is strictly prohibited. If you received this email messacre in error
please immediately notify the sender by replying to this email message or by telephone. Thank you.
a
Oil Mon, Jul 137) 2020 at 11:22 AM Joe Belisarlo <joena�,hawarldeslgn�rog .com>wrote:
Aloha,
I am one of the few that were given 5 days notice of this bills existence
I have submitted written and verbal testimony on July 7, 2020,
3
As I stated in my testimony, the only critical deadline due to the State Building code council is the adop tiol1
of the 2012 IBC related Electrical and Plumbing code. PERIOD.
I will add that the adoption of the IECC 2015 SBCC deadline was missed forcing our country adopt do t an
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unamended version., someone dropped the ball and now we have to permit window mounted Air
conditioners
I have had a chance to review the 197 pages of the bills current form as of July 7, 2020.
The framework is there to do some good work, however the current contents not related to appendix "L" are
unclear as to what is being repealed or modified.
IF there exists a document that can be provided, that makes clear the repealed and modified codes. p lease
provide it. asap
If this comparison is not available. please let me know. or create one for the public and the council so that
comparisons can be made side by side
I have found a couple complete repeals of current code, that will have very negative effects to the end user
of this new code with higher construction cost, slow permitting down, and open the new code to
amendments and rule making for years to come.
To be frank, this is what we have now and it's a mess. 40 years I have been a end user of the current codes
here in Kona along with my clients paying the price
On another note, I spoke with Dennis Boyd, Chair of the Kona Chamber of Commerce, I believe the intent
of the permit task force was honorable, However not one licensed professional architect, engineer was on
this task force. contractors, property managers, and realtors, none of which are end users of the code. As I
understand 38 recommendations made by this task force, maybe 3 items may have been taken into
consideration.
I again restate that the adoption of the 2012 related Electrical and Plumbing code needs to be
done, However although the framework of the new code can bear good changes. Combining the two is a
huge mistake and does not serve anyone in its current form.
With Thanks I await a reply
19
Speciial Announcement
Hawaii Design Group LLC has begun construction of our new stand alone facility located just above Kailua Kona. The Facility will be
LEER certified and have operational sustainable components such,permaculture,onsite fish and vermicast worming production,edible
landscaping, Solar and Wind generation,Power storage capability in concert with or without netzero option.And of course HDG will be
able to integrate the same features into your personalized Residential&Commercial design needs.
Completion date estimated 2021
Joe Belisario
Senior Planning Consultant
President,
HAWAII DESIGN GROUP
Post Office Box 4112
Kallua-Kona, Hawaii 96745
'Tel:(808)326-7670
hawal ides i cyngroup.com
joe a,hawaiidesign roup.com
CONFIDENTIAL COMMUNICATION
This email message and any attachments are intended only for the use of the addressee named above and
may contain information that is privileged and confidential. If you are not the intended recipient, any
dissemination, distribution, or copying is strictly prohibited. If you received this email message in error,
please immediately notify the sender by replying to this email message or by telephone. Thank you.
20