2018-06-27 Meeting Minutes (EMC)

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have done for the EMC’s suggestions to the County. All the results of the Obama Ocean Commission have been eliminated by an executive order of the current president, which is very problematic. It is worthy of taking a broader look to see if Australia or New Zealand have come up with some appropriate technologies and/or management options that may be worthy of recommending at the County level. Chair Bennett asked Commissioner Gaffney if he could research this. Vice Chair Olson said ocean issues in the County have not been resolved, and the damage continues. The island is not going to get any outside help on this. Funding mechanisms are going to have to be found. It is ours and we’ve got to deal with it. 5. NEW BUSINESS a. Discussion on Bill 154, which was referred by the County Council to the Commission for comment and recommendation. Bill 154 proposes to extend the authority of the Department of Environmental Management to remove abandoned vehicles from certain private roadways in the interest of public health and safety. Chair Bennett stated they need to act on this bill today, as failure to respond to the County Council’s referral will be interpreted as disapproval of the bill. Motion: Vice Chair Olson moved to approve Bill 154, and Commissioner Osborne seconded the motion. Director Kucharski provided background on the bill. DEM’s abandoned vehicle program is based on the Hawaiʻi Revised Statutes, and the HRS de?inition limits the ability of an entity to act unless the vehicle is on a public road or an abutment to a public road. In the County of Hawaiʻi there are communities such as Ocean View and Paradise Park which are comprised of private roads. Because DEM had accepted the HRS definition by default, it did not have the authority to tow vehicles from private roadways. Bill 154 would remedy this and allow access to private roads and the towing of vehicles listed as abandoned or derelict. This authority to remove does not extend to private property. It is the County’s stance that what is on private property is private, and it is the owner’s obligation to maintain the property and make efforts to not allow it to be used as an illegal disposal area. DEM had been towing vehicles from private roads over the years but were informed by Corporation Counsel that they did not have the authority to do that, which is why Bill 154 came about. Commissioner Osborne asked whether Councilmember Eileen O’Hara could comment, as she was present at the meeting.