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HomeMy WebLinkAboutCOM 0225.004 2012-2014 BRENDA J. FORD �4t.. "'w,; Council Member Phone: (808) 323-4277'. ,��., ��i';.; District 6 - Portion of N. Kona, - ` Fax (808) 329- 4786 South Kona, Ka`u, & the Greater • I;°i: N:Mew • Volcano Area ,�F;"'� E-Mail: bford @co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawaii 96740 April 17, 2013 TO: J Yoshimoto, Chairman And Members of the Hawai`i County Council FROM: Brenda J. Ford, Council Member ��.--14- -A— . •C RE: Resolution No. 97-13, Draft 2 Attached please find a copy of the Committee on Planning, September 8, 2011 summary minutes. Please distribute accordingly. BJF/la a. zs, `f Comm.No�f�-dbtyLG..t Ref.To• Ref.Date,APR 1 7 2213 COMMITTEE ON PLANNING 12th Session Hilo, Hawai`i Thursday, September 8, 2011 The meeting of the Committee on Planning was called to order at 8:30 a.m., in the Council Chambers, Hilo, by Mr. Pete Hoffmann, Chair. ATTENDANCE: Present: Mr. Pete Hoffmann, Chair Mr. Angel Pilago, Vice Chair Mr. Fred Blas, Member Ms. Brenda Ford, Member Mr. Donald Ikeda, Member Mr. Dennis "Fresh" Onishi, Member Ms. Brittany Smart, Member Mr. Dominic Yagong, Member Mr. J Yoshimoto, Member Also Present: Ms. Nancy Crawford, Finance Director(came in later) Mr. Lincoln Ashida, Corporation Counsel (came in later) Ms. Amy Self, Deputy Corporation Counsel Mr. Brandon Gonzalez, Deputy Public Works Director Mr. Jai Ho Cheng, Acting Building Division Chief Mr. Kevin Dayton, Executive Assistant to the Mayor Mr. Daryn Arai, Planning Program Manager Ms. Jamae Kawauchi, County Clerk Ms. Karen Eoff, Deputy Executive Assistant to the Council Chair (via videoconference from Kona) Mr. Dave Hirt, Council Legislative Assistant Ms. Manu Hanano, Council Aide (via videoconference from Waimea) Ms. Gwen Kupahu, Council Aide Ms. Jeanette Aiello, Council Services Supervisor Ms. Elizabeth Bonnell, Council Services Assistant II STATEMENTS The Chair directed the members of the Committee to proceed to the next FROM THE item on the agenda, Statements from the Public on Items on the Agenda. PUBLIC ON ITEMS ON The following individuals registered to speak and came forward when called THE AGENDA: by the Chair: PC-12 September 8, 2011 Ms. Margaret Wille, Comm. 316, in opposition; and Comm. 40.3 (Bill 304, Draft 2) in support Mr. Tim Rees, Comm. 40.3 (Bill 304, Draft 2); in opposition REFERRALS: The Chair directed the Committee to proceed to the next item on the agenda, Referrals. Comm. 316: APPOINTMENT OF MR. CHRISTOPHER A. MANFREDI TO THE COUNTY OF HAWAII WINDWARD PLANNING COMMISSION From Mayor William P. Kenoi, dated August 18, 2011, requesting confirmation of the appointment of Christopher A. Manfredi to the County of Hawai`i Windward Planning Commission. MOTION TO Ms. Smart moved to recommend confirmation of the APPROVE: appointment of Christopher Manfredi to the County of Hawaii Windward Planning Commission. Seconded by Mr. Yoshimoto. (Note: At this time Executive Assistant to the Mayor Kevin Dayton and nominee Christopher Manfredi came forward to address the members of the Committee.) Mr. Dayton introduced Mr. Manfredi as a nine year resident of Hawai`i who manages the Ka`u Ranch and Farm Company. Ms. Smart asked Mr. Manfredi why he wanted to serve on the commission and what experience would he add to the commission. Mr. Manfredi replied that his reason for volunteering to serve is because the Mayor asked him to. He feels that he brings knowledge of land use from State and County levels, the permitting process, archeology, agriculture, soil and water conservation, environmental regulation, business development, community capacity building and mentoring to the commission. Ms. Smart informed members that she had previously spoke with Mr. Manfredi expressed support for his nomination; however, she has since received an outpouring of testimony opposing his appointment from many constituents unwilling to come forward publicly. There is concern regarding the influence he may have on the commission due to projects he is involved in, as well as his ties to other developments. Mr. Manfredi explained the benefits the subdivision he is currently working on brings to the community. He pointed out his involvement with the Ka`u Coffee Festival, that he is a founding President of the Ka`u Farm Bureau, is currently Vice President of the Hawaii Farm Bureau Federation serving 1,800 members, and is Chair of that organization's Government Affairs Committee. Page 2 PC-12 September 8, 2011 Ms. Smart commended Mr. Manfredi for his community involvement, but voiced concern that he may not have the time required to devote to the Planning Commission. Mr. Manfredi replied that he was asked to serve in each position he holds and has attempted to remove himself but the members have urged him to stay on. He expressed the difficulty he has in saying no when asked to help. Mr. Yagong expressed the necessity to establish a balance in the existing commission which already has three members who are pro-development. He complimented Mr. Manfredi's knowledge and volunteerism, and stated that he has nothing against him personally but feels the need to have a better balance on the commission. Mr. Manfredi added that he serves on the board of Ka `Ghana 0 Honuapo Park, a friends of the park organization implementing a wetlands restoration plan and he also served on the South Kona to Ka`u Coastal Conservation task force from 2005-2006. He understands balance and feels he is a well balanced candidate. Mr. Ikeda expressed the importance of an independent thinker and requested Mr. Manfredi to elaborate on that. Mr. Manfredi stated that he came to Ka`u nine years ago, has 40 tenants who are coffee farmers and cattle ranchers, and spends a great deal of time on the coffee farm and with the cattle ranchers. He stated that he is a good listener and not easily swayed. He looks for a common ground for all. Mr. Onishi asked if this is a reappointment and Mr. Manfredi replied that he was appointed to the commission in 2009 but withdrew his name because of the Moaula Coffee Farm subdivision that was being developed, even though the Planning Director informed him that there was no conflict of interest. He also added that he has many contacts with a wide variety of people with various perspectives and thought that would also add to the commission. Mr. Onishi agreed that Mr. Manfredi will bring diversity to the commission. Mr. Onishi went on to inquire who Mr. Manfredi would be representing on the Windward Planning Commission. Mr. Manfredi replied that since it is an at-large position, he would be representing the entire island and will apply testimony, written material, fellow commissioner opinions to reach a recommendation that seeks to build consensus. Mr. Yoshimoto said he focuses on a person's character, willingness to serve, to listen to others; and the ability to work with others and show leadership. He added that from reading the written testimony he feels Mr. Manfredi will bring balance to the commission. Mr. Pilago explained that this position is highly valuable as it will provide advice for future development. He requested Mr. Manfredi to explain his vision for the Page 3 PC-12 September 8, 2011 future of Ka`u. Mr. Manfredi related that he has helped the local farmers become independent, self-employed business people. He sees Ka`u as an agriculturally diverse area that produces some of the best products in the world. Mr. Pilago added that marketing and distribution are also necessary and asked what additional community development will be required to move past the production aspects only. Mr. Manfredi went on to add land usage, water management, and breaking through the marketing barriers at the big box stores, and the issues with food safety regulations to his list of achievements. He added that he does business mentoring and community capacity building through the Ka`u Coffee Festival, involving students using internet technology and expanding the festival events. Mr. Pilago asked Mr. Manfredi how his role on the planning commission could assist with educating the community. Mr. Manfredi's responded with the idea of encouraging more agriculture in the classrooms to include marketing and transportation. Mr. Pilago commended Mr. Manfredi on his commitment towards economic development but stated that he would prefer someone more sensitive to health care and education. Ms. Smart commended Mr. Manfredi on his character and reiterated that she personally has no problem supporting him; however needs to abide by the community's concern about the influence his position would have on the commission. She cannot support the appointment at this time. Mr. Hoffmann said that in seven years of sitting on the Council he has never received so many anonymous emails. He usually disregards them, but it is very clear that the people in the community have serious concerns. VOTE ON The motion to recommend confirmation of the COMM. 316: appointment of Christopher Manfredi to the County of (FAILED) Hawai`i Windward Planning Commission was defeated, by the following roll call vote: In Favor: Committee Members Blas, Ikeda, Onishi, and Yoshimoto. Opposed: Committee Members Ford, Pilago, Smart, Yagong, and Chair Hoffmann. Absent: None. (Mr. Blas and Mr. Ikeda voted "kanalua" twice.) (Note: Comm. 316, the nomination of Christopher Manfredi to the Windward Planning Commission, will be forwarded to the full Council with a negative recommendation.) Page 4 PC-12 September 8, 2011 UNFINISHED The Chair directed the Committee to proceed to the next item on the agenda, BUSINESS: Unfinished Business. Comm. 40.3: AN ORDINANCE AMENDING THE HAWAII COUNTY CODE 1983 (2005 (Bill 304, Dr. 2) EDITION, AS AMENDED), BY ADDING A NEW CHAPTER RELATING TO IMPACT FEES From Councilmember Pete Hoffmann, dated March 2, 2011, transmitting the above bill. 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 following fees would be established, calculated by land use type, and would be paid at the time of issuance of a building permit, or, for subdivisions, upon final subdivision approval: Single- Family (per dwelling), $6,387; Duplex or Multi-Family (per dwelling), $4,734; Hotel/Motel (per room), $4,210. The following land uses, fees are calculated per 1,000 square feet of gross floor area: Retail/Commercial, $4,968; Office, $3,607; Industrial, $2,275; Warehouse, $1,350; Church/Synagogue, $2,074; School/College, $1,080; Hospital, $5,451; Nursing Home, $1,903; Other Institutional, $3,607. Postponed: October 19, 2010 Postponed: January 4, 2011 Postponed: February 1, 2011 Postponed: March 2, 2011 Postponed: April, 5, 2011 Postponed: May 3, 2011 (Note: There is a pending motion made by Mr. Hoffmann and duly seconded by Ms. Ford to recommend passage of Bill 304, as amended, on first reading.) Comm. 40.4: From Councilmember Pete Hoffmann, dated March 30, 2011, transmitting proposed amendments to Bill 304, Draft 2. Amends subsection (a) of the proposed section 36-12, replacing the existing pre-calculated fee schedule with a revised schedule. Comm. 40.5: From Councilmember Pete Hoffmann, dated April 6, 2011, transmitting comments received from Planning Director Bobby Jean Leithead Todd relating to impact fees. (Note: Comm. 40.9, from Council Member Pete Hoffmann dated August 31, 2011, transmitting proposed amendments to Bill 304, Draft 2, was circulated.) RELINQUISH At this time Chair Hoffmann relinquished the chair to Vice Chair Pilago. CHAIR: Page 5 PC-12 September 8, 2011 Mr. Hoffmann related that due to the number of changes, he has complied the amendments into one communication, Comm. 40.9. AMENDMENT: Mr. Hoffmann moved to amend Bill 304, Draft 2, to Draft 3, with the contents of Comm. 40.9. Seconded by Mr. Yagong. Mr. Hoffmann clarified that the changes included those received from the Planning Department, some household revisions which clarify the document, and significant changes in the schedule of fees. RECESS: At 9:28 a.m., Vice Chair Pilago called for a short recess in order to be sure all all members were provided with a copy of Comm. 40.9. RECONVENE: The meeting was reconvened at 9:31 a.m. Mr. Hoffmann asked all members of the Committee to read section 36-12 of the proposed bill. He explained that instead of having a one-size-fits-all impact fee, the bill divides single-family dwellings and duplexes into subsections based on square footage, imposing larger fees for larger units. He informed members that the appointed Impact Fee Administrator would be either the Director of Planning or Public Works, as selected by the Mayor. He concluded by stating that the effective date has been changed to July 1, 2013 for a smoother transition to implement the bill at the beginning of a new fiscal year. Mr. Ikeda admitted that the amendments improved the original, but he still cannot support it. He stated that it will affect every landowner that wants to build a home. Many people who have owned land and have paid taxes for decades will be negatively impacted. Further, the fees will prevent local people from building. He clarified that it is not a requirement to impose impact fees. To impose fair share or impact fees on developers is fair, but to impose these fees on single- family residences, especially on those families that have owned their land for years and paid taxes, seems unfair. Ms. Smart expressed appreciation to Mr. Hoffmann for coordinating and attending public meetings around the island to explain the impact fees and answer concerns. She explained that the advantage of impact fees is having the money collected used for infrastructure where it is collected. If the money is not used within six years it has to be returned with interest. She further added that lack of funds prevents much needed infrastructure in District 6, where there is little development. She sees this as a tool, even though it may be a hardship at this point in time. Page 6 PC-12 September 8, 2011 (Note: At this time, Public Works Deputy Director Brandon Gonzalez, Acting Building Division Chief Jai Ho Cheng, Deputy Corporation Counsel Amy Self, and Finance Director Nancy Crawford came forward to address the members of the Committee.) Mr. Pilago inquired if all those asked to come forward had seen the amendments in Communication 40.9. He requested additional copies to be made and supplied to the members of the Administration. RECESS: At 9:43 a.m. the Vice Chair called for a short recess . RECONVENE: The meeting was reconvened at 9:52 a.m. Mr. Onishi read section 36-22, Impact Fees, Administrator, and asked Ms. Crawford if she had any concerns. She referred back to section 36-21, relating to impact fee fund and questioned who would establish the program. She also questioned the references to Fund Administrator and Program Administrator as being inconsistent to the previous versions received. She voiced concern about the potential costs involved in establishing a revolving funds program and the personnel required to create and keep track of such a complex program. Mr. Onishi admitted that sometimes the Council passes legislation without examining the full repercussion to the County in administering the legislation, as well as the funding needed for implementation. He referred to section 36-24, Use of Fees, and verified that if the funds are not used they will indeed earn interest and inquired as to where that interest would come from. Ms. Crawford replied that the interest would be based on the County's average interest earning rate over the six year period. However, the complexity is being able to track each individual who paid and each category the money is supposed to be designated to. Mr. Onishi questioned Ms. Self about the infrastructure in private developments and she replied that the impact fee is applied only to County infrastructures, such as police, fire, solid waste, and parks. She added that impact fees are designed to add capacity not maintain what is already there. Mr. Yoshimoto asked if he could direct questions to Mr. Hoffmann. Vice Chair Pilago apologized to Mr. Yoshimoto when there became a need to address a member of the public who had questions regarding impact fees on castles. Page 7 PC-12 September 8, 2011 RECESS: At 10:05 a.m. the Vice Chair called for a short recess. RECONVENE: The meeting was reconvened at 10:08 a.m. Mr. Yoshimoto inquired about the amendment, specifically why the definition of dwelling was changed. Mr. Hoffmann replied that it was recommended by the Planning Department to be consistent with other definitions in the Code. He also clarified that if someone were to add a bedroom on to their existing home they would be charged an impact fee but not if it were a living room or lanai, because those types of rooms do not add to a household, which would impact the community. Mr. Yoshimoto continued, stating that there are many families who wish to add additions to their homes without changing basic footprint of the home. He maintained that the impact fees are too high and not reflective of the income level of local families wishing to build. Although there are five categories with the lowest being $4,471 and the highest being $7,026; he added that if someone is able to build a home 3,500 square feet or more, they should be able to pay much more than $7,000 and the family building a small home 999 square feet or less should pay far less than $4,000. Vice Chair Pilago reminded members of the Committee that this item has been postponed six times since October 19, 2010. He expressed the need to vote it up or down with no further postponements. Mr. Hoffmann concluded that an impact fee is not a panacea and that state law requires certain elements if it is an actual impact fee. He further stated that the amendment in a compilation of a number of different recommendations. VOTE ON The motion to amend Bill 304, Draft 2, to Draft 3, with AMENDMENT: the contents of Comm. 40,9, was carried by the (APPROVED) following roll call vote: In Favor: Committee Members Blas, Ford, Hoffmann, Smart, Yagong, and Vice Chair Pilago. Opposed: Committee Members Ikeda, Onishi, and Yoshimoto. Absent: None. Mr. Hoffmann reminded members of the Committee that there are two more readings of Bill 304, Dr. 2, as amended; and reiterated his offer to accept any suggestions they may have. Page 8 PC-12 September 8, 2011 Ms. Ford addressed efficiency dwellings of 499 sq. ft. and below and asked Acting Building Chief Jai Ho Cheng what percentage of applications he receives for those types of dwellings. He replied that he receives a little less than five percent. Ms. Ford then suggested that a category of 499 sq. ft. or less be added. Mr. Ikeda stated that he cannot support the bill, describing it as being "anti-local." He has owned land for 30 years and has been paying property tax on that land with no impact to the community; if the bill would reimburse him for the property tax he has already paid when he is ready to build, then he could support the bill. He believes this bill will affect all local property owners that have owned land and have been saving for years to be able to build a home. Mr. Yoshimoto explained that during better economic times the community might have been able to handle additional fees but not at this time. People pay taxes on vacant land and once the land is improved the value goes up and so do the taxes, so additional taxes are being paid over time for infrastructure. This impact fee has everyone paying for infrastructure up front and being reimbursed after six years if it is not improved. He added that other bills have come forward increasing the cost of construction. This legislation could put construction at a standstill. VOTE ON The motion to recommend passage of Bill 304, as BILL 304: amended to Draft 3, was carried by the following roll (DRAFT 3) call vote: (APPROVED) In Favor: Committee Members Blas, Ford, Hoffmann, Smart, Yagong, and Vice Chair Pilago. Opposed: Committee Members Ikeda, Onishi, and Yoshimoto. Absent: None. Page 9 PC-12 September 8, 2011 ADJOURN- There being no further business, at 10:29 a.m., Ms. Ford moved to adjourn MENT: the meeting. Seconded by Ms. Smart and carried by the following voice vote: In Favor: Committee Members Blas, Ford, Ikeda, Onishi, Pilago, Smart, Yagong, Yoshimoto, and Chair Hoffmann. Opposed: None. Absent: None. / 41002-ta Council Services Assistant II ..roved: ..-`:_ . / (�l mann, Chair Planning Committee Page 10