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Home My WebLink AboutCOM 0176.122 2006-2008 Page 1 of 1 Murashige, Laura From: marcbotticelli@aol.com Sent: Friday, July 06, 2007 3:28 PM To: counciltestimony@co.hawaii.hi.us; Hoffmann, Pete; Pilago, K. Angel; Ford, Brenda; Ikeda, Donald; Naeole, Emily; Higa, Stacy; Yoshimoto, J; Yagong, Dominic; Jacobson, Bob Cc: McClure, Bruce; galen_kuba@co.hawaii.hi.us; cohmayor@co.hawaii.hi.us Subject: Bill 51 Attachments: Bill5ltestimony.pdf Deaz Council, In my capacity as President of the Kona-Kohala Chapter of the Society of Professional Engineers, I am forwarding, for your consideration, our concerns regarding any of the drafts of Bill 51 proposed past Draft 1. Changes to the Flood Control Chapter of the County Codes have the potential to drastically affect the health and welfare of the residents of this Island. As citizens of the Big Island community and as professional engineers, we hope that proper consideration and engineering analyses will accompany any changes made to this document. Please see the attached testimony. Thank you for your consideration. Respectfully, Marc Botticelli AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. Comm. No. 71 • ~ ft Ref. To: ?rsse°1ei r°`attc~' Ref. Date JUL 10 2007 716/2007 a. Hawaii Society of Professional Engineers a state society of the National Society of Professional Engineers Kona-KOha/a Chapter • do 75-5749 Ka/awa Street Kailua-Kona, HI 96740 Honorable Pete Hoffmann, Chairperson Hawaii County Council 25 Aupuni St. Hilo, Hawaii 96720 Subject: Testimony In Opposition To Bi1151, Draft 4 An Ordinance Amending Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition), As Amended Relating To Storm Water Management Request To Delete Amendments To Bi1151, Draft 1 Request Approval for Creation of an Ad-Hoc Committee Previously Requested by Councilperson Ford to Evaluate Flood Issues and Impacts Dear Chairperson Hoffmann and Members of the Hawaii County Council, The Kona-Kohala Chapter of the Hawaii Society of Professional Engineers participated in the recent ad hoc committee meetings held to review the proposed amendments to Chapter 27 proposed by Councilpersons Ford and Hoffmann. Our chapter feels very strongly that all amendments proposed by the County Council should be deleted from the Bill until professional engineers, hydrologists and legal professionals can make recommendations as to the appropriateness of the amendments. Our reasons are as follows: 1. Councilman Hoffmann has failed to provide any background or explanation on how his proposed amendment to limit impervious surfaces will prevent flood damages. Our professional organization believes that limitations on the use of property belong in the Zoning Code, not Chapter 27. In addition, there are many zones that require a higher percentage of impervious surfaces in order to prevent urban sprawl. Some of these zones include commercial and industrial zones. 2. Councilperson Ford has stated the reason for her amendments was to create a code the goes beyond minimum standards. We believe that the existing provision of Chapter 27 are already much more restrictive than national standards. Many communities allow a rise in the base flood elevation. The County of Hawaii has a no-rise policy, which is above and beyond the FEMA requirement. In addition, the County of Hawaii requires infiltration of the increase in runoff from the 10 year, one hour storm. We do not know of any other community in the nation with this requirement. The 10-year, one-hour storm is also on the higher end of the design storms used nationally. The County of Hawaii requires calculation of the 100 year peak discharge for stream channels within watersheds over 100 acres in size which is also stricter than many communities across the country. Honorable Pete Hoffman, Chairperson Testimony In Opposition To bill 51, Draft 4 7/6/2007 Page 2 of 3 3. The Council has not presented facts to support the claim of a severe island-wide flooding crisis. We believe that there should be more investigation on the severity and frequency of flooding on the island including analysis of injuries, deaths and property damage. A cost benefit analysis should be undertaken before imposing even stricter island-wide flood control regulations. Before assuming that the proposed amendments will cure the flooding crisis, a study should be undertaken by professionals to determine causes of flooding and make recommendations on mitigation measures that may alleviate some of the problems. It is important to remember that tax dollars will be used to construct and maintain additional drainage measures imposed by this ordinance. The Council has an obligation to the taxpayers to assure that the increased costs will have a net benefit. It may be that tax dollars are better spent on regional improvements to specific areas that are currently experiencing frequent flooding. 5. The Council has failed to demonstrate that developments designed with the current standards are experiencing frequent flood damage. There are large undeveloped areas above the urban areas that contribute a large amount of water to flooding situations. There are existing flood control measures undertaken by the Soil Conservation Service and NRCS such as the diversions above Kainaliu that have been successful in mitigating frequent flooding. It is the Council's duty and obligation to the taxpayers to investigate whether additional flood mitigation projects would be a better use of taxpayer dollars than the measures proposed in the amendments. 6. The proposed amendments were made without review by the Department of Public Works or any other professionals. It was Teamed at the ad hoc committee meeting that the proposed amendments and definitions were cobbled together from the Intemet and the Council's interpretation of FEMA documents. As engineers, we believe that background, education and experience are required to properly interpret FEMA documents and items related to drainage and hydrology found on the Internet. It is disconcerting that the Council feels they are qualified to make extensive amendments to a code that deals with engineering issues without concurrence or consultation with the Public Works Department or any other professional engineers. Without a rigorous engineering analysis, it is impossible to predict whether much of what is being proposed in drafts beyond draft 1 put the citizens of this community at greater risk, rather than improving public health and safety as is it's apparent intent. 7. Because the proposed amendments make the code difficult to interpret and apply, we feel that it will be subject to legal challenges that will have a severe impact on many people, including the taxpayers who must pay for the County attorneys who will be called upon to defend the code. Hawaii Soeiety of Professional Engineers a state society of the National Society of Professional Engineers Kona-Kohala Chapter • do 755749 Kalawa Street • Kailua-Kona, H196740 Honorable Pete Hoffman, Chairperson Testimony In Opposition To bill 51, Draft 4 7/6/2007 Page 3 of 3 We respectfully submit these comments for the Council's use in evaluating all drafts to of Bill 51 past the initial Draft 1. Respectfully submitted, Kona-Kohala Chapter of the Hawaii Society of Professional Engineers, Executive Board. Marc Botticelli, President Nancy Burns, Vice President Nicholas Yamasaki, Secretary Chrystal Yamasaki, Treasurer Stephen Herbert, State Director Bruce Witcher, Director Chris Lawson, Director Hawaii Society of Professional Engineers a state society o/ fhe National Society of Professional Engineers Kona-Kohala Chapfer • do 755749 Kalawa Street • Kailua-Kona, H196740