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HomeMy WebLinkAboutCOM 0128.015 2010-2012HAWAI'I ISLAND BOARD OF REALTORS® THE VOICE OF REAL ESTATE ON THE ISLAND OF HAWAI'I August 15, 2011 TO: Councilmember's FROM: Mary Begier Realtor RE: Bill 270 Thank you for once again visiting the subject of Bill 270. Hawaii Island Board of Realtors has been testifying and working on this bill for the past year. We were one of the parties who expressed frustration with the process at the last hearing. Since that last hearing we have had opportunity to meet with representatives of the Public Works Department (PWD). Thank you to Neil Erickson and Jai -ho Cheng for their time especially after normal business hours to meet in a timely manner with many of us. Our concerns were rooted in the following issues: 1. Safe rooms -Neil & Jai educated us on how to more accurately read the current code, the recommended changes. I apologize for any part I may have played in misrepresenting when safe rooms would be necessary. Thank you to everyone but especially PWD for acknowledging that having copies of the actual bill on hand for people to look at would have helped to avoid some of this confusion. 2. Impact Fees -We learned the necessity of this language goes back as far as the 1996 council and the need for enabling language (96 -89) for the PWD to legally collect these funds if and only if there is other accompanying legislation passed by this council. 3. Building Permit transferability -while we would love to see specific language in the bill that says permits are transferable we understand that there is no language that says they are not and it is the policy of the current administration and dept head to allow permits to be transferred. We will have to work with future administrations and dept heads to make sure that policy remains in place. 4. As Realtors we are concerned about the expiration of permits because we are on the front line everyday of being the ones that have to get the properties that are unpermitted, permitted or permits that are not finaled finaled. We are concerned that having the 3 year expiration is only going to result in more unpermitted structures. You would be surpr'sed how many people are capable of paying cash for an unpermitted structure and actually like doing that. 5. Many of us thought we had until April 2012 to pass amendments to the IBC. We have learned that we don't have that much time as the county is required to pass amendments and give 90 days notice to the state legislature. That means the deadline is January 2012. 1 1 1 ca ry President Julie Hugo, R, ABR, CRS, GRI President -Elect Mealoha Kraus, R(S) Vice President Carl Spencer, PB, GRI, CRB, ePRO Secretary C.J. Kimberly, R, GRI Treasurer Wailana Herbst, R(S), ABR, GRI Immediate Past President Karen E. Gremp, R, ABR, GRI Directors Max Aiona, R(S) Rochelle Augustin, R(S) Renee Hill, R, CRS Patricia Kiernan, R Susan Lee Loy, R, ABR Denise Nakanishi, R, ABR, CRS, GRI Kimiko White, PB, ABR, CRS, GRI Executive Officer Jackie Parkinson Executive Assistant Vicki Toews Administrative Assistant Ashley Mejia Having said all this we want to highlight our greatest concern. That is one of timing. If we don't pass these amendments or some version of them we will be stuck with the commercial building code becoming the building code for residential building as well. That would be a disaster. It would truly be onerous on everyone involved. For this reason we apologize sincerely for our role in the events that lead to a request for reconsideration and ask that you pass the amendments as presented on August 3. As always the Hawaii Island Board of Realtors stands ready to assist the council in a clearer understanding of how the council's actions or inactions may impact private property rights in Hawaii. Thank you. With/4loha, Mary Begier, Realtor® HIBR Government Affairs Committee Member Comm. No Ref. To: v re•selw Ref. Date 26 Waianuenue Avenue, Hilo, HI 96720 (808) 935 -0827 Fax: (808) 935 -4924 eMail: hibr @hibr.org