Monthly Archives: September 2011

The Demise of Impact Fees

(Councilman Pete Hoffmann submitted this commentary)

On 21 September, in a surprising reversal of its Planning Committee recommendation two weeks previous, the County Council voted five to four to defeat the long-anticipated Impact Fee legislation.

Despite the obvious need (expressed by almost everyone even remotely involved on this issue) to revamp the current ineffective ‘fair-share’ system, despite the benefit of continuous support (free of charge by the way) from the experts originally contracted by the County to study an Impact Fee, despite a further three page listing of suggested recommendations from the County’s Planning Director received only on 19 September, despite growing public approval for an Impact Fee proposal, and despite repeated explanations countering the numerous misunderstandings of some opponents, the Council terminated Bill 304 at First Reading.

Disappointment is the prevailing sentiment that characterizes this vote. I’m disappointed that as a Council we are unable to address adequately the difficult issues that have plagued us repeatedly over the years. I’m not necessarily convinced that my proposal is the best, but I do know that impact fees work, they have been adopted by literally thousands of communities that faced the same infrastructure shortfalls as Hawaii County does now, and development has not stopped in any of those communities. If Council members don’t like my idea, then what other alternatives do they suggest? State law has allowed us to adopt impact fees for the past 18 years. How long must residents wait? If not now, when will we be courageous enough to create an effective system to address these shortfalls??

Another irony of the situation is that the Council on many occasions has called for administration recommendations regarding impact fees, urging a partnership to resolve this issue. I recognize that the detailed listing of recommendations received on two occasions recently from the Planning Department did not necessarily represent administration approval of this impact fee proposal, but it would seem to reflect a willingness to work with Council and to discuss a controversial topic. I would have anticipated that the Council would be willing to advance that discussion rather than cut it short.

Impact Fees, if adopted, would not suddenly make the County healthy. It would, however, permit the County to employ a funding mechanism which has proven successful in communities nationwide. Failure to pass this legislation either dooms County residents to continued shortfalls in essential facilities or insures that higher taxes will be the only remedy available to correct those deficiencies. Those taxes affect all residents; rich, poor, and everyone in-between, not just those that cause the increased impact. Simply put, the defeat of the Impact Fee legislation translates into higher taxes for all or inadequate infrastructure. Disappointing to say the least. Our residents deserve better.

A final comment: In the aftermath of this vote, I fear the perception will linger that the Council remains more concerned about potential election results than resolving key issues. Ask yourselves: when will the Council take the lead and make the tough decisions?? I believe we missed a great opportunity on 21 September.


Queen Kaahumanu Highway Widening Update

The Queen Kaahumanu Highway phase II widening team recently posted this update on this important West Hawaii roadway project:

“The project has been delayed due to the finding of new archaeological historic sites within the project area. In consultation with the State Historic Preservation Division, National Park Service, the Office of Hawaiian Affairs and several Native Hawaiian Organizations, the State Department of Transportation has been working to revise and update the project’s Archaeological Inventory Survey, Memorandum of Agreement, Archaeological Monitoring Plan, Cultural Monitoring Plan, Data Recovery and Preservation Plan and Burial Treatment Plan. The State Department of Transportation currently estimates construction will start between October 2011 and November 2011.”

A technician from Oceanic Time Warner Cable called me about my recent Road Runner speed issues. I told him I am very happy with the standard Road Runner tier, so a service call wouldn’t be necessary. He informed me they’re actively separating and recombining nodes to address the speed issue. I reiterated Oceanic needs to fix this issue soon or they’ll see more people downgrade their service.

Hawaii County has granted preliminary subdivision approval for The Villages at Aina Le’a project. The county is obligated to approve these plans because they granted building permits for the affordable townhouse units.

However, the developer may run into permitting issues when backbone infrastructure (e.g roads, sewer, electricity, water) construction begins. Hawaii County may deny issuing new permits because the project’s land classification has changed. The developer consequently will barred from selling these units and the plethora of Asian investors won’t see a return on their investment.

The Palani Road water transmission project contractor has requested another time extension. HELCO needs additional time to finish their work. Then CTS Earthmoving can start final testing of the new equipment.

The Thirty Meter Telescope contested case hearing process should be wrapped up by Friday.

Lastly, I wonder if the WHT reporter, who wrote this latest article about the Ane Keohokalole Highway project, has driven up Hina-Lani Street lately. CTS Earthmoving already started excavating this future roadway segment (between Hina-Lani Street and Kealakehe Parkway), although the second to last paragraph makes it sound like nothing has started.


TMT Contested Case Concludes on Friday

(Submitted by Ross Wilson of Current Events)

The last two witnesses in the Thirty Meter Telescope Contested Case Hearing completed their testimony on Monday, September 26 concluding the evidentiary portion of the quasi-judicial hearing.

Hearings Officer Paul Aoki then recessed the hearings until Friday, September 30 stating that he wanted all parties to have their closing arguments on the same day.

The University of Hawaii will conclude their case on Friday starting at 9 am followed by petitioners at the Komohana Research Extension Center, Conference Room A in Hilo.

If you are able to attend on Friday TMT would certainly appreciate your support for one-hour only from 9 am to 10 am.

The TMT project has moved through this entitlement process because of the community’s tremendous support. Mahalo!

If you need more info, call Laura Aquino at 808-326-7820 or email: laura@current-events.com.

Related item:
Thirty Meter Telescope trial ends


The BLNR Denied Abel Lui’s Contested Case Hearing Petition

The BLNR denied Abel Lui’s petition requesting a contested case hearing last Friday. Mr. Lui, the self imposed caretaker of Kawa’a Bay, previously stated that he’ll sue the BLNR if they deny his petition. Nevertheless, several lineal descendents testified at Friday’s hearing refuting Mr. Lui’s ownership claims. In addition, numerous incidents of harassment allegedly perpetuated by Abel Lui and his cohorts was entered into evidence.

I hope Mr. Lui is ultimately removed from Kawa’a Bay in peaceful manner. This is a very special place. However, the public won’t fully enjoy this area until this issue is resolved.

Kawa’a Bay lineal descendent testimony

Ed Olson’s testimony

Ka`Ohana O Honu`apo testimony

Miscellaneous incidents of harassment allegedly perpetuated by Abel Lui and his cohorts

Related item:
Ala Kahakai National Historic Trail Hikers Allegedly Harassed By Abel Lui


Kamakana Villages Project Update

The Hawaii County Council Committee on Public Works and Parks and Recreation unanimously passed two La’aloa Avenue Extension condemnation resolutions last Tuesday. These two resolutions need to be read two more times by the full council (October 5th and October 19th) before the county can initiate condemnation proceedings against these two holdout landowners.

Race Randle, the Kamakana Villages project manager, provided this update on this future development.

“Aaron,

As a result of our published Request for Qualifications “RFQ” ad in July and subsequent bidding by the qualified parties, we are negotiating with Goodfellow Bros. as the Site work Design-builder for Phase 1A of our Kamakana Project. We are excited to get underway with the project, and will now begin working with the Goodfellow team to design Phase 1A. Sitework is scheduled to begin around 3rd Quarter 2012.”

The CFLHD posted the project timetable for the Honokohau Harbor roadway paving project here.

Hawaii’s exclusion from the top ten states where the Internet is slow is puzzling. PC Magazine rated Hawaii 49th out 50 states in 2007 for fastest Internet speeds.

New building permits increased 1.6% during the half of 2011 compared to 2010, but remain significantly below the heyday of 2005.

Lastly, the Hawaii County Board of Water Supply is slated to decide who’ll manage the HOVE well facility at their next monthly meeting held today.

Update: Hawaii County Board of Water Supply is slated to manage the well facility


Judge Strance Denied DW Aina Le’a Development’s Motion

Judge Strance denied DW Aina Le’a Development’s motion to delay the LUC’s decision, which reverted the land classification for the Villages at Aina Le’a project.


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