Monthly Archives: February 2011

Why Is The State Legislature Attempting To Restrict The County’s Use Of Impact Fees?

WHT recently published an article which really concerned me. The state legislature is apparently considering legislation restricting the use of impact fees:  (Margaret Wille also delved into this issue here)

“The mayor cut off Planning Director Bobby Jean Leithead-Todd, as she responded to a question about state legislation that would remove counties’ powers to impose impact fees. Kenoi said those measures may be aimed at the state Department of Education, which is beginning a school impact fee program on Maui, and which has attempted for several years to launch a West Hawaii pilot program.”

I started making inquiries regarding these proposed bills. Councilman Pete Hoffmann e-mailed me this response:

“Aaron,

There are two pieces of legislation regarding impact fees. One concerns the impact fees I wish to impose under HRS 46, that’s for
development of residential, commercial and industrial properties. There’s a second piece of legislation for school impact fees, that’s HRS 304(?). I think that’s what the Mayor is arguing about. The criteria for imposing impact fees under those two HRS are different, and I also would have difficulty agreeing with the school impact fee bill.

Pete”

Sen. Josh Green‘s office graciously helped me with this effort. There were apparently two proposed bills ( SB 1396, and SB 248). These bills, if enacted, would prohibit the use of impact fees in urban areas. SB 248 has passed through committee, although SB 1396 did not. GM 75 only transmitted this report regarding the implementation of school impact fees.

I am definitely keeping a close eye on these two bills. The balance of power between the counties and the developers will shift if this legislation becomes law.


My Thoughts On The BLNR’s Thirty Meter Telescope CDUA Decision

The BLNR conditionally approved the Thirty Meter Telescope’s CDUA on Friday. However, the board also granted the TMT‘s opponents request for a contested case hearing.

This decision has imposed conflicting conditions on the TMT project. They have up to two years to start construction and 12 years to complete this telescope. Nevertheless, they can’t start work until the contested case hearing process is completed. The latter process should be completed within six months.

The opponents of the TMT will likely litigate Friday’s decision and any unfavorable rulings made by the contested case hearings officer. These court cases will tie up this project for years. So, I believe these astronomy obstructionists will successfully block the construction of this important scientific facility on Mauna Kea.

This won’t benefit the residents of this island or Mauna Kea one bit. There won’t be any new efforts to construct additional telescopes on Mauna Kea if the TMT project fails. So, we’ll see the eventual closure of all Mauna Kea astronomy facilities instead. However, I believe the obstructionists will be thrilled. They’ll get to have their children work at Target instead of the evil Thirty Meter Telescope.


Makalei Fire Station Update

Maryl KPRS Hawaii Joint Venture was the lowest bidder (6.2 million dollars) for the Makalei Fire Station project. Bodell Construction Company (6.7 million dollars) and Ledcor Construction Hawaii LLC (6.8 million dollars) were the next lowest bidders.

The project manager for the Makalei Fire Station project recently e-mailed me this update:

“Bids were opened on Thursday. Although I can’t give you figures, we did have 13 interested general contractors that submitted bids which made for a very competitive bid. The bid submittals will now have to be reviewed to insure compliance with the requirements of the bid specifications. Once that is completed and the low bid submittal verified, we’ll be able to announce the contractor and the price. I’ll keep you apprised if that happens before 3/15.”

A representative of Hawaiian Dredging Construction Company called me on Wednesday regarding their baseyard on Kealakehe Parkway. He assured me they would start removing their fill material starting in late March/early April 2011. However, it will take them a few months to vacate this area. HDCC is planning to use this material for a project up in Hamakua.

Margaret Wille blogged about the status of her Lalamilo roadway reservation appeal. Judge Strance recently rendered several unfavorable rulings..

Lastly, Judge Ibarra remanded the ongoing Hawaii County lawsuit against American Motorist/1250 Oceanside Partners into mediation.


The Villages At Aina Le’a Project Update

I’ve been really sick with the flu for the past couple days. So, I’ve decided to put my blog on autopilot for the rest of this week.

(Note: there will be regular blog postings today and tomorrow)

The State LUC is slated to review the final The Villages Aina Le’a project land classification reversion D&O at their March 9 -10, 2011 meeting.

Bolton‘s subcontractor completed the roadway striping for the Holu Street Connector Road on Tuesday. The installation of the roadway signage is scheduled for today. This is the last ancillary punch list item before the county can conduct an inspection.

Lastly, I followed up with the engineer overseeing Kamaka’eha Avenue sewer line project yesterday. He told me:

1.  Construction should be completed by March 7th (if the recently uncovered lava tube doesn’t need any remedial work)

2. Roadway resurfacing should be begin on March 8th (if construction is completed by March 7th)

3. Kamaka’eha Avenue should be reopened to traffic by March 9th (if construction and resurfacing are completed by the dates stated above).

I’ll follow-up again with the project manager next week to check the status of this job.


Road And Highway Builders Has Resumed Paving Latest Saddle Road Phase

Road and Highway Builders LLC has resumed paving Saddle Road between m.m 11 and m.m 19 on February 14th, 2010.

The Hawaii Supreme Court could file the Judgment on Appeal for the Coupe land condemnation case within one to three months after the final order has been issued. The latter was filed in January 2010.

The BLNR is slated to vote on the Thirty Meter Telescope’s Conservation District Use Application at their Oahu meeting on February 25th, 2011.

The county has made progress obtaining land for not only the Lako Street Extension, but Ali’i Parkway also.

“For the Alii Highway Project, the County and Pokobo have exchanged appraisals (the values are close); and we are awaiting a decision from counsel for Pokobo as to whether accept the compensation calculated by the parties.

For the Lako Street Project, DPW is working on the right of way description. Once we obtain that, we can move forward in talking to the owner’s counsel to resolve any claims.”

Lastly, the Court issued several unfavorable rulings regarding Margaret Wille’s Lalamilo roadway reservation appeal.


Makalei Fire Station Project Update

Bolton‘s Holu Street Connector Road subcontractor will start installing the striping and signage on Tuesday, according to the project manager. The county can conduct an inspection when this is complete. This may be completed by February 28th, 2011.

Keauhou Kona Construction Corporation is slated to begin construction on the initial Palamanui campus roadway infrastructure by the middle of this week. Grading of this future roadway will start from the Palamanui project and head south.

KKCC has 310 calender days (starting in December 2010) to complete this 7,000 foot roadway.

Lastly, the manager overseeing the Makalei Fire Station project e-mailed me this update.

“Good morning Aaron,

At this point, the bids will be opened today. After opening, the bids will be reviewed, and yes that should take a few weeks to complete. Based on the original bid opening date, 2/3/11, we were anticipating the bid to be awarded by mid-March. So I’d say it’ll probably be late March to early April to award the bid.

Desmond”


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