HomeMy WebLinkAboutREP PC 018 02/21/2007 2006-2008 REPORT OF THE
COMMITTEE ON PLANNING
DATE: February 21, 2007 Re: Comm. No. 67.20Bi11 No. 345(Draft 2)
(2004/2006)
PLACE: Sheraton Keauhou Bay Resort & Spa
78-128 Ehukai Street
Kailua-Kona, Hawaii 96740
TIME: 10:00 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, via Planning Committee Report No. 128 dated November 28,
2007, sent a favorable recommendation to the Council ofBi11345, Draft 2. While at the council
level, Bill 345, Draft 2 was held over on January 4, 2007 and again on January 19, 2007, as the
result of tie votes. At the meeting of the Council on February 7, 2007, the Council then voted to
commit Bi11 345, Draft 2, back to the Committee on Planning.
At the February 21, 2007 Planning Committee meeting, Planning Chair Pilago noted that Bill 345,
Draft 2 added additional language to the definition to include "provided that if more than one
dwelling on a lot is used for such a facility, the number of unrelated persons in each dwelling
shall not exceed five (5), plus any program staff." Chair Pilago noted that there is a pending
motion made by him and seconded by Council Member Jacobson, to approve Bill 345, Draft 2.
Council Member Ikeda recalled that a representative from the Merriman foundation stated that
the number 8 was a federal guideline, which after checking with the Office of Housing and
community development, he found not true. Mr. Ikeda suggested that a public hearing be held to
get input from the community but as it is written, he cannot support this. Council Member
Jacobson stated he believed the reference to the number 8 was not a federal law, but rather, a
drug and alcohol treatment standard.
Council Member Ford stated as a result of her personal investigation and from testimony
presented by DHS and DOH, any number between 6 and 8 is a good therapeutic number, in
which the quality of life and control of the environment by staff is workable. She found that
once you pass the number 8 in a single house, the therapeutic value drops dramatically. Ms.
Ford moved to amend Bill 345 draft 2 with her amendment (communication 67.47) and Mr.
Jacobson seconded the motion.
During discussion, Ms. Ford explained her proposed amendment item by item and noted her
proposed amendment attempts to ensure that everyone is included in this bill without creating
problems to neighborhoods. Ms. Ford noted these populations should be integrated into all
residential communities and not isolated and concentrated in one particular area. She also noted
PC Report No. 18
Communication 67.20
Bi11345 (Drag 2)
Page 2 of 2
that the word "lawfully" in item "c" should be removed to allow BISAC a time period to come
into wmpliance with Bi11345.
Director Yuen said he sent a letter to Council on February 14, 2007 regarding his comments to
this item and noted there's a problem with the proposed draft because it poses geographical
limitations on adult residential care homes already in existence, and regulated by the State.
Mr. Hoffmann noted that only facilities licensed by DOH and DHS are being considered and to
keep in mind that we are only referring to licensed facilities that are regulated by the state and
that this bill meets the basic premise. That is, we want to see these people taken care of and we
want to increase the number from five to eight.
Mr. Higa agreed with the amendment and noted that in addition to deleting the word "lawfully"
he would like to `grandfather' that existing facilities, licensed or not, should have a maximum of
five people, noting that if an existing facility is not in compliance, then it should not be allowed
to serve more than five people.
Council Member Yoshimoto clarified points brought up earlier by Director Yuen that this bill
would be restricting homes that the council cannot restrict under state law. Mr. Yuen stated that
as worded, that was the case, but noted it could be fixed. Mr. Yuen stated distance controls must
be separated so that it doesn't apply to adult residential care homes and intermediate care
facilities. It was clarified that measurement of 500 feet begins at the property line of an existing
facility to the dwelling of another.
Council Member Jacobson recommended that Ms. Ford include a provision that states this does
not apply to adult residential care homes and Ms. Ford stated she would consider Mr. Jacobson's
recommendation.
Your Committee on Planning is in accord with the purpose and intent of Bill No. 345, as
amended to Draft 3, and recommends it pass first reading.
and
AYES NOES A&E EX Respectfully submitted,
FORD X
HIGH X COMMITTEE ON PLANNING
HOFFMANN X
II~DA X -
JACOBSON X
NAEOLE X K. ANGEL PILAGO AIR
PII,AGO X
YAGONG X PC REPORT NO. 18
Yoslm~IOTO x .aDOPTEn: MAR 0 9
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