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HomeMy WebLinkAboutREP PWIRC 035 09/18/2007 2006-2008 e...~,~ REPORT OF THE COMMITTEE ON PUBLIC WORKS AND INTERGOVERNMENTAL RELATIONS DATE: September 18, 2007 Re: Comm. No. 657/Bill 173 PLACE: Sheraton Keauhou Bay Resort and Spa 78-128 Ehukai Street Kailua-Kona, Hawaii TIME: 3:40 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Intergovernmental Relations, to which was referred Bill 173, reports as follows: Bill 173, transmitted by Council Member Emily Naeole, via Communication No. 657, dated September 6, 2007, amends Chapter 5 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to indigenous architecture, amends the Building Code to allow for indigenous Hawaiian architecture. The purpose of this bill is to amend Chapter 5 of the Hawaii County Code 1983 (2005 Edition, as amended), Relating to Indigenous Architecture. It is further noted that the purpose is to: (1) establish respect for the principles of indigenous architecture in the Building Code; (2) encourage the preservation of existing structures that exhibit the principles of indigenous architecture; and (3) encourage the development of new structures that incorporate indigenous architecture. Your Committee heard testimony from two members of the public regazding the proposed bill. First member of the public to testify, Dr. Keola Downing spoke in strong support of Bill 173. Dr. Downing believes there are positive results and opportunities in building island architecture. Through his experience living in the Marshall Islands, he has seen the people of Micronesia secure jobs, funding and purchase property; and this could address the difficult housing situation here. This next person to testify was Senator Kalani English, Sixth District, representing the azea of Hana, East and Upcountry Maui, Molokai, Lanai and Kaho`olawe. For many years, it was Senator English's vision to return indigenous architecture to the landscape of Hawaii . As discussion took place of this vision, it was important to change the mindset of grass shack or houses to its current name or term of indigenous architecture; subsequently, this peaked the interest of azchitects, academics and cultural practitioners. As a former Maui County Council Member, he needed to fit this into the planning and building codes in Maui. Instead of amending the related section, creating a new section "indigenous azchitecture" of that building code was decided. This new section was faced with challenges to meet all the necessary requirements and standazds. The bill before you is not a new bill; it was passed in 2000 on Maui. Senator English was instrumental and one of the bill introducers enacted on Maui during his term on the Maui County Council. With its good track record, the County of Kauai adopted a bill similaz to this, as well as the City and County of Honolulu. He looks forward for the Big Island to adopting "indigenous architecture" to complete the whole State of Hawaii allowing this type of structures. Senator English further explained some background on how this was constructed. Senator English expressed that this has met kanalua and hesitation by their building inspectors due to the unknown. After a couple years of practice, this became easier to do. As it was testified eazlier, the economic opportunities involved in indigenous architecture. He would like to have the Council move this bill forward. Senator English was also available before the Committee for further questions. Council Member Dominic Yagong asked how many homes such as this been created on Maui since the bill was adopted. Senator English is aware of 40 homes built in the rural areas by Hawaiian families in his district. Council Member Angel Pilago addresses the importance of the enactment of the indigenous architecture bill in 2000 on Maui. It important to model the Maui Administrative rules based on its positive track record. Senator English strongly recommends looking at the Maui Administrative rules and regulations. Reviewing what has been done on Maui will save considerable amount of time and relieves staff concerns. Council Member Pilago thanked Senator English for reminding us of the education, social, economic and environmental qualities. This resolution is important because it covers a wide range of issues. Here in Keauhou is where Kamehameha III (Kauikeouli) was born and resuscitated. It was in the 1848 constitution the gathering rights stated the materials of home are mentioned. Reflection of the Hawaiian customary and traditional practices is available to all. The affirmation of what comes out of this is important. This is a quality of life issue in respect to a better community. He is in full support of this bill. Council Member Donald Ikeda addressed his concerns on: • Fire, flood and home insurance on these structures; • How much is the cost of indigenous architecture; and • These homes would not be financed by the bank. Senator English believes the area affecting insurance is still being worked on, and the cost of labor is about $3,000 to $5,000 if materials are available. Senator English informed the Council that a State law was passed at this last legislative session adopting indigenous Hawaiian architecture. Council Member Bob Jacobson asked Senator English how does indigenous architecture fit under the subdivision CC&R's. Senator English believes this should be addressed to legal counsel. Public Works Director Bruce McClure and Brian Kajikawa, Division Chief of the Building Department appeazed before the Committee. Director McClure is in support of this bill and will implement what ever is necessary to bring it to fruition. Division Chief Brian Kajikawa addressed several of his concerns on indigenous architecture to the Committee, including: • What will these hales be used for living or community use; • Residential or community use will need an expensive sprinkler system and whether the homeowners will be able to afford such an expensive ticket item; • Depletion of the natural resources such as the over harvesting of ohia trees and native forest; • There should be requirements that these builders be certified in indigenous architecture and Maui is the only island which offers these classes, also that building of these structures be done to meet the hurricane code and by certified builders; • After discussion with his counterparts on Kauai and Oahu, he is not aware of an enactment of any bill similar to this; • Polling of the residents if they want this or not; and • Several such buildings grouped together increases hazards and safety concerns for the public. Council Member Emily Naeole addressed that ohia forest is being bulldozed and cleared for developments. Use of the forest resource could offer jobs for this purpose. Learning indigenous architecture should not be a problem. She acknowledged Brian Kajikawa's opposition to Bill 173 before its referral to this Committee. That is why this is before the Council to be decided on. Council Member Bob Jacobson believes that Brian Kajikawa's concern of over harvesting of the ohia is misplaced. He was able to preserve the ohia on 5 '/2 of his 6 acres to build his home. Council Member Stacy Higa addressed Brian Kajikawa about his concerns. He asked if the Building Division is willing to work with helping the builders, and if it will be cumbersome process to do this. As he heard, Senator English shared that most indigenous azchitecture is built in the rural areas. As to the expensive sprinkler system to be installed in this $3,000 hale, he will do some research and inquiries on his own. Council Member Angel Pilago addressed working more cooperatively together with the Administration in this effort. He was taken aback by what was said on indigenous architecture, why does Hawaiians have to insure and be held to reach higher standards. Installation of a sprinkler system does not stop the building from burning down, or hurricane proofing, or its roof from being blown off. It is yet to be proven that any of these approved structures are fully protected from fire or hurricane damages. He found the statements made to be disrespectful. Treat this equally and nothing less. Brian Kajikawa stated that he responds to the life and safety of the public. He feels that it is their job and responsibility to carry out. Any neglect in such building is his concern. Council Member Emily Naeole reiterates that as Chair of Human Services, she is expressing great compassion for people and the problem of affordable housing on this island. This is a bill to help all. She is asking her colleagues to support this bill. Your Committee on Public Works and Intergovernmental Relations is in accord with the purpose and intent of Bill 173, and recommends it pass first reading. dkr 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. FO ,CHAIR PILAGO X YAGONG X PWIRCREPORTN0.35 YOSHIMOTO X ADOPTED: OCT O 3 Z~OJ