HomeMy WebLinkAboutREP PC 028 09/08/2011 2010-2012OFFICE INFORMATION ONLY
Meeting: Council — September 21, 2011
Action: Filed on 1St Reading due to lack of aye votes (PC -28 was not adopted)
Ayes: Blas, Ford, Hoffmann, Smart — 4 (Blas voted Kanalua twice)
Noes: Ikeda, Onishi, Pilago, Yagong, Yoshimoto — 5
Absent: None
Re: Bill 304/ Comm. 954 (2008-2010), Comm. 40 (2010-2012), PC -28
REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 8, 2011
PLACE: Council Chambers
Hilo, Hawai'i
TIME: 8:30 a.m.
Council Chair and Members
Hawai` i County Council
Hilo, Hawaii 96720
Re: Comm. No. 40.3/Bill 304, Draft 2
Your Committee on Planning, to which was referred Comm. No. 40.3/Bill 304, Draft 2,
reports as follows:
Bill No. 304, Draft 2, transmitted by Council Member Pete Hoffmann, via Communication No.
40.3 dated March 2, 2011, is an Ordinance amending the Hawaii County Code 1983 (2005
Edition as Amended), by adding a new chapter relating to Impact Fees. This new chapter would
impose impact fees on new developments and construction to provide infrastructure for roads,
parks, fire/EMS, police, solid waste, and wastewater.
The bill was brought forward on several occasions; however, Mr. Hoffmann encouraged
postponement of the measure so that members, the public, and the administration could absorb,
consider, and come forth with recommendations or proposals. In addition, Mr. Hoffmann used
the time to reach out to island residents by hosting community educational forums to educate the
public on impact fees, and the affect the bill will have. The measure was postponed: October 19,
2010 , January 4, 2011, February 1, 2011, March 2, 2011, April, 5, 2011, and May 3, 2011.
At its meeting of March 2, 2011, proposed amendments were circulated to Your Committee as
presented in Comm. 40.2, dated February 22, 2011, from Mr. Hoffmann. The amendments were
housekeeping in nature, and the amendment was carried.
Communication 40.5, dated April 6, 2011, from Mr. Hoffmann, transmitted comments presented
to Your Committee by Planning Director Leithead Todd at the April 5, 2011 meeting. These
comments were included in the amendment to Bill 304, Draft 2 proposed via Communication
40.9, dated August 31, 2011, also authored by Mr. Hoffmann.
At the meeting of September 7, 2011, Committee Chair Hoffmann yielded the chair to
Committee Vice Chair Pilago.
Mr. Hoffmann thanked all those involved with input, including Deputy Corporation Council
Amy Self, the Planning Department, and the Finance Department and stated that he does not
want another postponement and is open to any amendments from other Council Members.
PC Rept. No.: 28
PC -28 Page 2 September 7, 2011
Mr. Hoffmann moved to amend Bill 304, Draft 2 with the contents of Communication 40.9. He
explained that this amendment was a combination of comments and suggestions from the
previous readings of the bill at the Planning Committee, the Corporation Counsel, the Planning
Department, the Finance Department, and from public input from the 15 town meetings he held.
Many of the changes are "housekeeping" to clean up and standardize language. He discussed the
definition of Impact Fee Administrator, which would be either the Planning Director or the
Public Works Director as determined by the Mayor. He discussed the change in the Impact Fee
chart which varies the cost by square feet for single-family, duplex and multi -family dwellings.
He discussed the change to the effective date to July 1, 2013.
Council Member Ikeda stated that the amendment improved the bill but he will not support it.
He supports the fair share system as he believes it to be more equitable to all on the island.
Council Member Smart thanked Councilmember Hoffmann for all of his town hall meetings and
his efforts to answer constituent's questions. She stated that her district is very rural and
constituents all pay real property taxes but have not received much infrastructure. She supports
this bill as a tool to help fund the needed infrastructure and found it persuasive that the money
collected would be spent within the same district it was collected from.
Finance Director Nancy Crawford, Deputy Corporation Counsel Amy Self, Deputy Public
Works Director Brandon Gonzalez and Deputy Building Chief Jai Ho Chang were in attendance
for questions.
Council Member Onishi asked Ms. Crawford to comment on the bill.
Ms. Crawford had some concerns regarding Section 36-21 & 22 and asked to have those sections
revisited by Council Member Hoffmann. She was also concerned about needing additional staff
to manage the fund account.
Council Member Onishi stated the bill should include funding for additional staff and he is
concerned about having to pay back the fees collected plus interest if not expended or
encumbered after 6 years.
Ms. Self explained that the funds can only be used for public projects.
Council Member Yoshimoto had concerns regarding the definition of "Dwelling unit," the fees
for adding just a bedroom; and he felt that larger homes should pay more and that smaller homes
should pay less than the chart reflects.
The vote to amend Bill 304, Draft 2 with the contents of Communication 40.9 was carried, with
three opposing votes.
Council Member Hoffmann asked for approval to move Bill 304, Draft 2 as amended,
forward and asked all the Council Members to propose any amendments they feel are needed to
make it better.
PC Rept. No.: 28
PC -28 Page 3 September 7, 2011
Council Member Ford asked Mr. Chang how many applications are submitted for homes less
than 500 square feet and believes another breakout for homes under 500 square feet needs to be
added to the chart.
Mr. Chang stated that less than 5% of the applications are for homes less than 500 square feet.
Council Member Yoshimoto stated that the intention of this Bill is good but the timing is bad due
to the weak economy.
Your Committee on Planning is in accordance with the purpose and intent Bill 304, Draft 2, as
amended (to Draft 3), and recommends passage on first reading.
mh
Respectfully submitted,
COMMITTEE ON PLANNING
AYES
NOES A&E EX
BLAS
X
FORD
X
HOFFMANN
X
IKEDA
X
ONISHI
X
PILAGO
X
SMART
X
YAGONG
X
YOSHIMOTO
X
Respectfully submitted,
COMMITTEE ON PLANNING