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HomeMy WebLinkAboutREP PWIRC 021 05/15/2007 2006-2008 REPORT OF THE COMMITTEE ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS DATE: May 15, 2007 Re: Comm. No. 176Bi11 51 PLACE: Councilroom Ben Franklin Building, 2"d Floor 333 Kilauea Ave. Hilo, Hawaii TIME: 10:40 a.m. Council Chair and Members Hawaii County Council Hilo. Hawaii 96720 Your Committee on Public Works and Intergovernmental Relations, to which was referred Bill 51, reports as follows: Bill No. 51, transmitted by Public Works Director Bruce McClure via Communication 176, dated January 5, 2007, is a bill amending Chapter 27, Flood Control, Hawaii County Code 1983 (2005 Edition), as amended, relating to Stormwater Management. This bill contains numerous amendments that will clarify, augment and insure the department's participation in the National Flood Insurance Program (NFIP) and begin participation in the Program's Community Rating System (CRS), which will reduce insurance premiums for all participants. Bill 51 also reinforces the philosophy of proactively managing flooding by identifying the flood hazard areas, regulating construction, and promoting participation in the NFIP within these areas to minimize damages and losses. This bill also proposes to change the title of Chapter 27 from "Flood Control" to "Floodplain Management," to better reflect the department's approach to flooding. The bill was first heard by Your Committee on Februazy 21, 2007, at its meeting at the Sheraton Keauhou Bay Resort and Spa in Kona, and there were two members from the public who gave oral testimony, Charles Flaherty; and Ambika Kosada, Soil and Water Conservation District Board member. Both testifiers cautioned that there were several groups working on a floodplain ordinance and this significant change to the existing law should be considered with input from the community, especially the Soil and Water Conservation Districts. A proposed amendment was transmitted via Communication 176.1 by Legislative Specialist Leslie Chow, dated February 9, 2007. This amendment proposed to remove the word "anticipated" from §25-2-72(3)(e), which was agreeable to both the Planning and Public Works Directors. Your Committee unanimously approved this amendment. In addition, Mr. Hoffmann moved to insert the words "new subdivisions and" after the word "all" at the start of the amended §25-2-72(3)(e). There were no objections. PWIRC Rept. No. 21 May 15, 2007 Page 2 A proposed amendment transmitted via Communication 176.2, also from Council Chair Pete Hoffmann, dated February 20, 2007 was circulated at the meeting; however this amendment was withdrawn by Mr. Hoffmann and replaced by Communication 176.3, dated February 21, 2007. This further amendment proposed to add a new subsection (c)(6) to Section 27-18 that prohibits development which may increase flooding or erosion within areas where the grade of the natural elevation exceeds ten percent without certification of a professional engineer that the development will increase flooding or erosion in other areas. Your Committee voted unanimously to approve this amendment. During discussion, some members expressed the desire to have input from the Soil and Water Conservation District. Planning Director Chris Yuen was called forwazd; and Engineering Division Chief from the Department of Public Works, Galen Kuba, who participated via videoconference from the Hilo Councilroom. Director Yuen explained the reason for the bill and explained the correlation between Bills 51 and 52, which was scheduled on the Planning Committee agenda for later in the morning. He stated the bills relate to requirements and preferred solutions from FEMA, the EPA and the NFIP. He discussed with members the effects of development on drainage as it pertains to grubbing and grading for new subdivisions. The final amendment presented at the meeting of February 21 was transmitted by Committee Chairperson Brenda Ford via Comm. 176.4, and proposed following changes: 1) adds the definition of "Flood-prone area" to Section 27-12; 2) clarifies in Section 27-20(d) that subdivisions and other developments in any location or flood zone shall comply with the requirements set forth in that subchapter; 3) adds to Section 27-20(d) the requirement that copies of the required permits listed in that subchapter be submitted to the Department of Public Works at the time of application for any kind of permit; 4) changes Section 27-20(d)(2) to require base flood elevation data for either two lots or one acre as opposed to fifty lots or five acres; and 5) amends language in Section 27-20(e) to require that site drainage plans include a storm water disposal system to contain run-off up to "the expected base flood event" (also called the 100-year flood) as opposed to "the expected one-hour, ten year storm event." Chairperson Ford's amendments were unanimously approved. Your Committee postponed further action on Bill 51, as amended to Draft 2, to March 20, 2007, in order to seek more input and for further review. At its meeting of March 20th, Your Committee received several members of the public who gave oral testimony. Noelani Vl-'hittington, staff of Public Works was asked to speak, but declined the opportunity. Tomoyo Nimori, whose family has been on their farm since 1910 stated that the Kona Field system was developed by pre-contact Hawaiians and that she has worked to preserve, protect and enhance the Mamalahoa Highway as the Heritage Corridor Highway. She stated that we need flood studies. Nancy Burns, Civil Engineer, submitted lengthy written testimony. She believes that all property on the island is exposed to some degree of potential flooding during major storm events, and it is the landowner and developer's responsibility to mitigate increased runoff caused by their development. James Spado, who lives off of Hokukano Road in Kainaliu _ ~ . PWIRC Rept. No. 21 May 15, 2007 Page 3 said that the Pace Development project (Hokukano Ranch) worsened runoff on the 15 percent grade lands above Kainaliu. He has had six to eight feet of water on his lot. Chazles Flaherty testified that the Department of Public Works stated that flooding is a land use issue and that the department mitigates after the land use occurs. There are two major problems, that existing laws aze not enforced and that the laws do not provide for good floodplain management. Sherry Berman has lived in Hualalai Farms (in Holualoa) since 1976. On July 29, 2006, there was a flume of water neaz her house and on October 17 after the earthquake and rain the Mamalahoa Highway had to be cleared of debris from flooding. Margazet Wille from Waimea testified that she supports efforts to stop severe erosion and flooding. She would like to change the definition of "flood prone azeas," because this definition states that floodplain requirements only occur after places have already been damaged. In her neighborhood water jumped the road and entered the area flooding homes. Andy Andersen, who resides in the Wai`aha drainage area in Holualoa, stated that his whole neighborhood lives in fear of their lives. The mauka property is a five acre subdivision, Arianna Farms, where the entire property has been graded. The flooding from the grading above his property has undermined the Mamalahoa Highway, washed enough debris onto the road to make it impassable, and overflowed drywells. The stop order given by the Public Works Department was not obeyed because the grading has continued. Mr. Pilago questioned Mr. Anderson about what plans had been submitted to the County and if the developer had followed any of the plans. Mr. Anderson answered no, the neighbors had not seen the revised plans that were requested by the County as part of the stop order, and the original plans were never followed by Arianna farms anyway. Shannon Rudolph of Holualoa testified that she had been in the area for 21 yeazs and that the piecemeal development was causing ponds to form at the bottom of her driveway. Terry Lutterman testified that he is one of the most affected of the Wai`aha residents in Holualoa. He cleared his land by hand and now the water from Arianna Farms runs off to his farm and cazries the topsoil from his coffee plants, leaving the roots exposed gullies have on his property; his coffee plants are dying. Mr. Pilago asked if there was anyway to regain what he's lost on his farm. Mr. Lutterman replied that you could never replace the soil that's been lost. Ms. Naeole commented that she had bought her land in 1985 and understands that Puna is flatter than Kona, but she understands that the Kona side has big problems. Bert Onaka, who lives in the Wai`aha area, stated that Wai`aha means "Where the water collects," and he believes that prevention is the key to the problem. He is womed that the people below Wai`aha in Kailua View Estates should be warned. There has been damage to the Mamalahoa Highway, the road is cracking, and the shoulders are crumbling. The Hualalai Farms area needs to be cleaned off after every rain. Mr. Pilago asked how long his family had been in the area, and Mr. Onaka replied that they had been raising cattle since 1914. His father and grandfather would swim the cattle out to the boats at Kailua Harbor and have always been caretakers of the land. Arianna farms should be respectful and control their water so they don't hurt the neighborhood. PWIRC Rept. No. 21 May 15, 2007 Page 4 Roz Peterson, also from the Wai`aha azea, testified that during the last seven months with the problems from Arianna Farms, she has been watching the culture being destroyed in Kona. She said that the watershed needs to be preserved as part of the valuable resources that are all interconnected. She lives at 1,500 feet on property that is adjacent to Arianna Farms. They have cleared up to 2,000 feet in altitude. The houses are being undermined with water. She said that we need stricter laws and better enforcement. After public testimony, the Council was introduced to experts, including Cazol Tyau-Beam, the State Coordinator for the NFIP; Stephen McPeek and Andrew Stout from the Natural Resource and Conservation Service (MRCS); and Eric Lee, Hydraulic Engineer from the Army Corps of Engineers. There were also several field representatives from the NRCS from around the island. Ms. Tyau-Beam stated that Bi1151 was an effort to bring the County into compliance with national standards so that the County could continue to receive disaster relief from FEMA for earthquake, floods, and hurricanes. Mr. McPeek said that Hawaii Island needs to develop a unique approach to floodplain management because it is geologically the youngest community in Hawaii. Ordinances from the mainland will not work here. He said we need to review our mapping and floodplain boundaries, that the County needs to provide for developments mauka that affect our watersheds, and that concise mapping is needed. He hopes that the Council will show leadership in regard to floodplain management and that the ahapua`a system effectively planned for water control. The County Council watched a DVD developed by NRCS entitled Kona Floodways (Comm. 176.27). This DVD dramatically depicts Kona's past floods and what caused them. Ms. Tyau-Beam stated she works with Public Works Engineers, Kelly Gomes and Kai Emmler. She started a PowerPoint presentation (Comm. 176.16). After the presentation, Ms. Tyau-Beam said that she had reviewed the County's proposed floodplain ordinance and had given extensive comments and recommendations to bring the Code up to compliance with FEMA standazds. She stated that the Flood Insurance Rate Maps (FIRM) maps were out of date and were expected to be updated by 2009. She cautioned that there needs to be a provision in the new ordinance to incorporate new maps as they aze completed. She informed the Council about how the map change process occurs and that the Community Rating System (CRS) provided a way for the County to reduce premiums for flood insurance. As of January 25, 2007, there are 4,025 residences in Hawaii County that aze covered by Flood Insurance. Maui County has successfully reduced flood insurance by 10 percent because of their participation in the CRS. Director McClure stated that the County Administration does want to participate in the program and is trying to hire a floodplain administrator to accomplish this. Mr. Hoffmann asked what more can be done to achieve this goal. Ms. Tyau-Beam stated that Hawaii County needs to be compliant with the basic rules and needs the resources to administer the program. Mr. Jacobson said he is concerned that 13,000 acres of forest mauka of Hilo will be cut down, which will increase flooding and increase the need for flood insurance. Mr. Higa was concerned about Four Mile Stream mauka of Palai Bridge and what the channelization does PWIRC Rept. No. 21 May 15, 2007 Page 5 to the water. It was mentioned that Mr. Kuba had said that the County has spent lots of money to try to mitigate the problem and that was the best they can do. Mr. Higa stated that the County needs to be proactive and wondered why the County can't mitigate flood problems in Kona. Director McClure replied that the County was trying to be proactive, that the Kona side geology is younger, and with 30 inches of rain per year, the cost benefit is not there and sometimes it's cheaper to compensate for damages than to construct multi-million dollar infrastructure. Mr. Jacobson said we should be looking at slowing down the water with forests and should be looking at other solutions to prevent, engineer and mitigate. Your Committee voted unanimously to postpone Bill 51, Drafr 2, to April 3, 2007. At the meeting of April 3`d, held in the Councilroom in Hilo, there were again several members of the public who gave oral testimony. Margaret Wille stated there were several different agendas. One issue was to bring up the standards for floodplain management to qualify for insurance; another issue was stormwater management, with the focus to be onsite protection. She felt the County needed a broader watershed approach, not just looking at what the adjacent property owners were doing. She said that we all live on slopes and it doesn't just impact the lots but the water eventually ends up in the bay. She said that the Hawaii Supreme Court has ruled that government's role is to protect the public trust, and that the burden is on the applicant to show that no harm is done to the watershed. This is the precautionary principal based on stewardship and "doing no harm." Every bay is affected by runoff from the mountains. She asked that the ordinance be simple to understand. She further stated that Santa Monica sells their stormwater runoff. Nancy Burns testified that there should be more education on stormwater design, and in order to use drywells you have to have permeable soils. Property owners need to provide for their own protection and can use trenches and basins. Property owners should know that they are never guaranteed to be safe from all potential flooding and they should use designs that take water away from buildings. William Cowell, President of the Hawaii Conservation Districts, said that we should focus on watersheds and how to control runoff by making use of spillways. We need good FEMA maps and need to learn to use catchment effectively. He felt that real estate people should be responsible for giving clients instructions and information about floodplains. One of the major problems is that runoff affects the oceans and coral. He has been working in conservation for 30 years. Tim Reese testified from Hilo. He said he liked what the previous testifiers said to look at the bigger picture. He mentioned that in the agenda there was a use of a double negative which was confusing. Drew Stout and Cazol Tyau-Beam were in attendance to speak about the Community Rating System. Chair Ford relinquished the chair to Vice Chair Yagong. PWIRC Rept. No. 21 May 15, 2007 Page 6 Ms. Ford reiterated that the changes to the existing Hawaii County Floodplain Code are necessary because if we don't bring our Code up to standard, we will not receive help in the event of a natural disaster. The existing flood standazds are not working well. We need to protect the health, safety, and welfare of our citizens by protecting our environment, our natural resources, the water quality, and our floodplain runoff to protect our ocean and reefs. Hawaii County needs to use the best practices for floodplain management and use the precautionazy principle to mitigate daznage before it happens. Ms. Tyau-Beam stated she had spoken with Maui County about their CRS rating. They were rated an eight because they issue elevation certificates, have repetitive loss structure reports, give out map information, have community outreach activities, and require real estate agents to disclose flood hazards. Currently Maui has 1,446 points to qualify for a Class 8 CRS designation. If they can achieve 1,500 points they will achieve a Class 7 designation. Ms. Tyau-Beam reiterated that the NFIP system is voluntary, but if you don't comply with FEMA regulations for flood insurance, the County will not be eligible for federal money in the time of natural disaster. She noted that Chapter 27 revisions need to be included to comply with NFIP, including shoreline setbacks. Mr. Stout said that NRCS works with farmers and ranchers to preserve natural resources. They help with erosion, not runoff, and diverting runoff to gulches. He said that NRCS uses water and sediment control basins, but they do not recommend the use of drywells near the shoreline. Drywells aze not one of their 50 engineering priorities but they do use underground outlets which are similar. They use grass waterways, ponds, and sediment control basins. NRCS uses a 10-year, 24-hour storm criteria for diversion. The County uses a 10-year, 1-hour criteria. The NRCS uses the Engineering Method as EFH2 and the County uses the Rational Method. The NRCS method uses more data than the County and takes into account the type of soils, the slope of the area and the runoff. Director McClure said that the department accepts all methods. He stated that Bi1151, Draft 2, needs to be written to satisfy all agencies and that Bill 52 needs to be the same to be congruous. Mr. Hoffmann stated that he wants to make sure his amendment approved at the last meeting regazding elevations and the required engineering studies is included. Ms. Ford stated that the Public Works Depazment thinks the 10-yeaz, 1-hour storm should be the standard, but that she thinks the 100-year storm event should be the standazd. Ms. Ford asked that Bill 51 be deferred for three sessions so that the bill could be revised and then given to FEMA and NRCS for their feedback. Mr. Hoffmann asked that it be deferred until May 1. Ms. Ford moved to postpone Bill 51 until May 1; Mr. Hoffmann seconded the motion. The vote was unanimous. At its meeting of May 1, 2007, held at the Sheraton Keauhou Bay Resort & Spa in Kona, Your Committee heard an informational report on Bi1151, Draft 2, relating to Depazment of Pubic PWIRC Rept. No. 21 May 15, 2007 Page 7 Works Updates of the Flood Insurance Rate Maps, as requested by Chair Ford in Comm. 176.32, dated Apri15, 2007. The Committee also received a revised Administration draft of Bill 51 from Director McClure dated April 19, 2007, which was transmitted via Comm. 176.33. The revisions are the correction of one typographical error, the deletion of two items that were adopted in Bi1152, and the inclusion of elevating a ground floor one foot above existing ground for "Zone X (shaded)." The letter from Director McClure states that if the Committee is favorable, the department proposes to address flooding in a two step process: Step one, pass a bill which fulfills the requirements of the NFIP; and Step two, a second bill which addresses the policy issues, which the Council wants. The advantages of these two steps are the ability to simplify by codifying the items agreed on, and quickly come into compliance with the NFIP, thereby being eligible to participate in the Community Rating System. Further it would allow a fuller discussion and exploration of any unanticipated consequences of proposed policy items. Your Committee again received oral testimony from several members of the public. Margaret Wille said that she saw several different issues, that it is important to see the different issues that affect growth. She advised against bifurcating the bill. She saw parts missing in both bills; she hopes that two sections, 27-18(c)(6), and 27-18(e) are retained. Chuck Flaherty testified in support of Bi1151, but opposed the Administration's draft as set forth in Comm. 176.33. He wanted to remind the Administration that they must work with the Hokulia plaintiffs as per the settlement agreement. Ms. Ford's amendments to Bi1151, Draft 2, uses the 100-year flood standard, not the 10-yeaz flood standard as proposed by the Administration. The Flood Hazard maps were done in 1977. In the last 20 years there have been four 100-year flood events. He stated that it was important that Chapter 27 include not only special flood areas, but should minimize losses, and that the County has no floodplain management program. He felt it was important that the County integrate floodplain information by TMK into a database to be used for flooding, grubbing and grading and that the historic ditches should be included. Nancy Burns corrected a previous testifier by stating that she was the chief engineer at Hokulia but not the design engineer, and was not involved in the drainage at Hokukano neaz the high school. This was her fourth letter of testimony. She showed a map of the proposed Ali`i Highway area with areas in red depicting those areas with more than a 10 percent grade. She asked if this bill would cover FEMA floodplains or all land and asked for language that was less ambiguous. Ambika Kosada, who lives on Napo`opo`o Road, asked that the historical ditches be mapped and that the ephemeral streams that run only during rain storms also be included. She lives on a one- halfacre farm and was flooded in August of 2005 by a 50-year flood event. In 1983, DLNR told her that South Kona is a young landscape without established drainage courses. Damage to homes is a constant threat and the lack of technical data prevents any sensible floodplain management and land use programs. PWIRC Rept. No. 21 May 15, 2007 Page 8 Mr. Yagong said that there was $500,000 in the budget for FIRM mapping and commented that he hoped the Council would increase that figure to $1 million. David Edgar, who is a coffee farmer in the Wai`aha azea of Kona, was flooded. His coffee tree roots aze exposed and he is losing topsoil. The County engineers have tried to fix the problem but they have not. Andy Anderson said he is in favor of the Council implementing the 100-yeaz flood standazd. The 10-year standard is not sufficient. He said that allowing people to operate under low standards puts people and property at risk. He said that special management areas are needed; projects continue in floodplains and natural waterways are being disturbed. William Paris said that because of the lava flows trying to control those lands with slopes over 10 percent is crazy. He has been a member of the Soil and Water Conservation District and is responsible for the Kainaliu drainage, and for the drainage that gets water off of the Wai`aha area and drains near Hale Halawai. He said that it's time that the County addresses these problems, but we should confine ourselves to the areas that have problems. Mr. Jacobson moved to amend Bi1151, to Draft 3, incorporating Ms. Ford's amendments proposed at the meeting in Comm. 176.35; Mr. Pilago seconded the motion. Chair Ford explained that Bill 51, Draft 3 had changes that were from the Hawaii County General Plan on Flooding. The County is not in compliance and Chapter 27 does not incorporate the General Plan. She asked that the Committee consider postponement so that she could look at the General Plan. She then made a motion to strike "non-elevation," which is part of the lowest floor, on page 10; this motion carried unanimously. She cited the Flood Hazard Analysis from July 1977 from the Soil and Water Conservation District which stated that any attempt to confine water will result in increased velocity. The report recommends that the 100-year flood event should be the basis for a flooding ordinance. Thirty years later this is still not the standard. Buildings should be 1-foot above the 100-year base flood water level to keep water off of floor joists and so that debris being carried by water would clear out. She recommended that building should be restricted in floodplains; that people downhill should be protected and that watercourses should develop naturally and not be channelized, which increases the velocity of runoff. Director McClure stated that all of the FIRM maps on 100-year storm events are 22 yeazs old. He suggested that we implement the minimum requirements to comply with the FEMA requirements and then incorporate these new amendments into the Code. Planning Director Yuen asked if this ordinance was to affect people in their yards. If it is for houses only, or what would be affected. Mr. Hoffmann said he challenged the basic assumption that every single acre and every single lot should be developed. We build and develop in watersheds and floodplains, things flow from mauka to makai, and that we need to be serious about protecting our people and resources. He said that he believes that people deserve a safe island and we should deal with the issue now and he would be willing to compromise on the 10 percent grade in his amendment. PWIRC Rept. No. 21 May 15, 2007 Page 9 At the request of Chair Ford, the bill along with the motion to amend to Draft 3 was postponed to May 15, 2007. Among the members of the public who registered to present oral testimony on the bill on May 15th, was Roger Harris; however, he was not present at the time his nazne was called; on the registration form, Mr. Harris stated he opposed the bill in its present form. Ken Melrose of Kealakekua, is a project manager and does not believe that all land is subject to Flood Hazards. He said that this is a technical issue and advised that the engineers should have input, and that drainage and erosion control issues should be in Chapter 10, Erosion and Sedimentation Control. There should be a thorough assessment of the cost analysis on grading on 10 percent or greater slopes. He said that 75 percent of Hawaii Preparatory Academy's property has a 10 percent slope or greater. The slope of the County's parcel in Waikoloa and the site of the West Hawaii Civic Center exceeds 10 percent. Most of the coffee farms and Important Ag Lands exceed 10 percent, which would keep fanners from expanding their businesses. He proposed that the Committee pass the bill to satisfy the FEMA standard and then work with engineers to establish greater standards. Rick Vidgin, representing the Kona-Kohala Chamber of Commerce and their 750 members, stated that the Chamber supports the Council's efforts to seek safeguazds; there should be good mapping, and Bi1151 needs to be passed to fulfill FEMA's requirements. The Chamber recommends that the Council pass the Administration's bill and then take the lead from the engineers. Enforcement is needed but they do not support the amendments. Mazcel Loren of Waimea, is President of Island Mortgage Company. She said that Bill 51 will render the whole island a floodplain and would require that many homeowners purchase floodplain insurance, which would cause chaos in the mortgage community. Hugh Ono, a registered professional engineer, past Director of the Hawaii County Department of Public Works and past State Highway Administrator, said that he thinks this is an engineering matter and should be addressed project by project. He thinks the ad hoc committee proposed by Director McClure is a good idea. Mr. Jacobson said that making this an engineering matter ignores that people are being flooded. He is glad the Council is taking responsibility to update this ordinance. He cautioned people to remember that people in Kona are being flooded and the engineers haven't taken care of it. Chuck Flaherty supports Bill 51 with amendments as stated in Comm. No. 176.35 and believes this will satisfy the terms of the Hokulia agreement. He does not support Comm. No. 176.40 from Public Works Director Bruce McClure, and said that the County has had enough time to study this; they can study it after this ordinance passes, and that engineers have created the current mess. He said that an ad hoc committee might be a good thing to bring about a floodplain management program and incorporate the General Plan requirements. PWIRC Rept. No. 21 May 15, 2007 Page 10 Jacqui Hoover, representing the Hawaii Leeward Panning Conference's 75 members, said they were opposed to Bill 51 as it is currently written. The bill is very broad and the Council should proceed with caution to identify potential damaging consequences. They support passing Bill 51 to fulfill FEMA requirements. Riley Smith testified as a representative of Parker Ranch. He is a professional engineer and formerly was the Deputy Chief Engineer with the Hawaii County Department of Public Works. He explained that the Waimea Town Center was built because two floodplains were re-channeled, which now is being paid for by an additional $6,200 price increase per house sold. He said that something needs to be done, but this is not it. Nancy Bums testified opposing Bill 51, saying that she has 21 years of engineering experience and numerous degrees and sits on many engineering boards. She said that the Council should work with engineers and assess the economic impact and ways to accommodate flood waters. Burt Onaka supports the changes to Bill 51, and as a member of the Wai`aha community sees that the current laws do not work and that the County needs to control flooding onto roads and other properties. Terracing would help, but steep areas should not be developed. Terry Lutterman supports Bi1151 and lives in Holualoa. His farm is being destroyed by the developers grading above. He has a major erosion problem and his topsoil is being washed away from the roots of his coffee plants. Andy Anderson supports Bill 51 because flooding is the killer of all natural disasters. He said, when developers talk about the "bottom line" it hurts him. He said he is upset that no one cares about public safety and the environment and the County lets people grub and grade. Roz Peterson supports Bill 51 and during the past six months talked to many people and has asked Public Works to protect our safety. The engineers are supposed to save our communities with good plans. She said it's time for the Council to take the responsibility; the engineers have Failed us and we've waited long enough. David De Luz, Jr., of the Hawaii Island Chamber of Commerce, spoke in opposition. The Chamber of Commerce has 350 members and opposes the current draft. The Chamber feels this should be a community effort with compromises being made by all of the partners. He said we should pass the bill in order to comply with FEMA's requirements, and then address the current flooding problems. Mr. Jacobson said that the compromising has been done. The Council is sworn to protect the public health, safety, and welfare of the people on our island. We've created problems in the past and the stricter approach would be better. He recommended that the Council approve Bill 51, Draft 3, and file Communications 176.34, 176.35, and 176.40. Deputy County Clerk Kenny Goodenow reiterated that the Council should vote on Bi1151, Draft 2. On Feb 2151 a motion was made and seconded to approve Draft 2 and to amend to Draft 3 with Comm. 176.35; those motions were still on the table. Director McClure asked again for postponement, because PWIRC Rept. No. 21 May 15, 2007 Page 11 proposed Draft 3 has over 30 items that were not in Draft 2. Six of these items have major policy issues. Mr. Yoshimoto asked for clarification and asked when it would be appropriate to make a motion to postpone Bi1151. He then proceeded to make the motion to postpone the measure for 90 days. The motion was seconded by Mr. Ikeda. He explained that he thought the Committee was the place to hash out differences, and then, after most of the issues were aired, the bill would move to the council agenda. He supports Public Works Director Bruce McClure's request. Mr. Jacobson was against postponing, he stated that Director McClure was here before and asked for more time. The Council needs to approve this. The engineering staff can look at this and the Council needs to move forward. Director McClure said that they had only had three days to look at this. Mr. Hoffmann said we have to approve of Draft 2 and then can move on to Draft 3. This Administration has had six and a half yeazs to get on with this issue. In April the Council was asked to bifurcate this issue so we could first address the NFIP issue and then consider the other issues, and now the department is asking fora 90-day postponement. He said the issue has been under consideration for three months. He then asked where the engineering community has been. Mr. Higa reiterated that the bill was originally brought forward to come into compliance with the NFIP issues and inquired if there was a deadline to be in compliance. Director McClure stated the deadline is in September, but didn't know what the exact date was. Mr. Pilago also stated the he was against postponement. That the Council has delayed too long on this issue, and that as difficult as Communication 176.35 is, the Council should still set a standazd, because the Wai`aha families aze suffering. Mr. Yagong stated that these people have come consistently to testify but the council still has not addressed their flooding problem. He said what the Council should vote for is a funding mechanism to address the flooding issue. This bill is good for future development, but will not solve the Wai`aha problem. If the committee moves this up, it will put the engineering community and the Public Works Department in Kona on notice to get to Council the information that they need. He said he will not vote for the postponement and he will not commit to voting in favor of this bill until he gets information about what's wrong with the bill specifically, line by line and section by section. Ms. Ford said that there were 18 communications in favor of the bill and nine in opposition. She said that Wai`aha was not the only area that was affected, but the whole island. She stated that what was originally prepared by Director McClure was amended by Mr. Hoffmann and herself. She said that the County is not in compliance. Most of the 30 amendments came from the County General Plan, Flooding and Other Natural Hazards. Chapter 27 is meant to promote the public health, safety, and welfare and this bill is about floodplain management. The engineers were given every opportunity to respond. PWIRC Rept. No. 21 May 15, 2007 Page 12 The committee voted on Mr. Yoshimoto's motion to postpone Bill 51, Draft 2, and the amendment, for 90 days. The motion failed by a 5 to 4 vote. Mr. Hoffmann stated that he would like to hear comments on the impacts at the next meeting. Ms. Ford said that she would like to hear from Director McClure at the next meeting. Mr. Higa said that his constituents were concerned about the 10 percent slope requirement, because most of the areas in his district were over 10 percent. He was also concerned about the 100-year designation, and would be interested in hearing way the administration can handle these different areas, because Kona is different than Hilo. He said that he won't be able to vote for these provisions. Director McClure agreed that this is an island-wide issue. Mr. Higa said that the FIRM maps would help. Director McClure said that the County does not have maps for all the areas. Your Committee is in accord with the purpose and intent of Bi1151, as amended to Draft 3, and recommends it pass first reading. BF AYES NOES A&E EX Respectfully submitted, FORD X HIGA x COMMITTEE ON PUBLIC WORKS AND HOFFMANN x INTERGOVERNMENTAL RELATIONS IKEDA x JACOBSON X NAEOLE x BRENDA J. FORD, CHAIRPERSON PILAGO x PWIRC REPORT NO. 21 YAGONG x YOSHIMOTO x ADOPTED: AUG Z Z ZUOJ