HomeMy WebLinkAboutREP PWIRC 026 07/07/2009 2008-2010
REPORT OF THE
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELATIONS
DATE:
PLACE:
July 7, 2009
Council Chambers
Ben Franklin Bldg, 2nd Floor
333 Kilauea Ave.
Hilo, Hawai'i 96720
Re Comm. No.413/8i1lI03
TIME.
10:00 a.m.
Councll Chair and Members
Hawal'l County Council
Hllo, Hawai'l 96720
Your Committee on Public Works and Intergovernmental Relations, to which was referred
Communication No 413/8111103, reports as follows:
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I, SECTION 5-1.0.8, AND
CHAPTER 21, ARTICLE 2, SECTION 21-5 OF THE HAWAI'I COUNTY CODE 1983 (2005
EDITION, AS AMENDED), RELATING TO THE USE OF A TENT OR A STRUCTURE OF
SIMILAR TYPE AS A TEMPORARY RESIDENCE WHILE CONSTRUCTING A
PERMANENT DWELLING UNIT (allows a landowner to live m a temporary structure for two
years from the date of Issuance of a building permit, proViding certain conditions are sustained
including adequate sanitation, emergency access, fire safety, electrical safety, a buffer zone
between the building site and living areas, and protectmg the county from liability for any mJury
or property damage that may occur as a result of the temporary living arrangement)
There were seven public teStlfiers, all were m favor, and many mentioned secunty Issues for
construction sites was an important consideration in passing thiS bill
ASSistant Corporation Counsel Gerald Takase appeared before your Committee to answer
questions, and was later joined by lead Corporation Counsel Lmcoln Ashida.
Dommic Yagong asked Takese who would enforce the restrictions and was there a loophole that
would allow rentmg of tent structures. Mr. Takase said County BUlldmg Inspectors and then the
Police would be responsible to enforce thiS code. Mr Takase felt renting was an unrealistic
optIOn due to the language of the bill.
Brenda Ford asked If the code could be written to only allow the code to be allowed in speCific
areas of the County Mr Ashlda said It was possible. Further, she asked if multiple tents could be
established for farm laborers, what size tents might be allowed and how many non-owners may
reSide is tents. Mr. Ashida emphasized the law must afford equal protection for all and
encouraged Ms Ford to present questions such as these to Corporation Counsel in advance of
Committee meetings, in the mterest of accuracy an~xpedlency.
Council Members Hoffmann and Yoshimoto praised this third draft, and CounCil Member
Greenwell expressed hiS support.
Report No. 26
Council Members Enriques and Yagong said they would be polling their constituency for their
thoughts on this Issue, and Yagong suggested a trial period might be In order, and he might hke to
see a regional restriction instead of island-wide, but otherwise he expressed support.
Emily Naole expressed her thanks for all the various County personnel who helped her craft this
bill. She emphasized this is to help serious home builders, is not about agricultural worker
housing, and that she would like the bill to be effective island wide; yet she could accept regional
restrictions.
Your Committee on Public Works and Intergovernrnental RelatIOns is In accord with the purpose
and intent of Bill 103 and recommends passage at first reading.
AYES NOES A&E EX
ENRIQUES X
FORD X
GREENWELL X
HOFFMANN X
IKEDA X
NAEOLE X
ONISHI X
YAGONG X
YOSHIMOTO X
Respectfully submitted,
COMMITTEE ON PUBLIC WORKS AND
INTERGOVERNMENTAL RELA nONS
NO 26