2018-06-27 Meeting Minutes (EMC)

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Councilmember O’Hara said she worked closely with Director Kucharski in drafting the bill. Because of changes being made to state law this year on abandoned vehicles, DEM and Corporation Counsel reviewed what was in the County Code. The County had been removing abandoned vehicles from private roads since about 2003. She had been the recycling coordinator with DEM back then, and the director (Barbara Bell), with the assistance of—if she recalls correctly—then Corporation Counsel Lincoln Ashida, interpreted the state law to read they could apply it to private roads as a discretionary policy. So Barbara Bell issued the policy, and they removed abandoned vehicles from private roads. In March 2018 she received notice from Director Kucharski that the current Corporation Counsel had determined it needs to be codified, that it could not be at the director’s discretion. Director Kucharski pointed out that if the bill passes, Hawaiʻi County will be the only one with the authority to tow from private roadways. Hawaiʻi County also has more unincorporated areas than any other island. DEM is happy with the bill but not happy about the length of time it takes to identify and designate a vehicle as abandoned. Abandonment does not occur when a vehicle is left somewhere. A vehicle needs to be cited, 24 hours need to pass, and then it has to be re-certified as abandoned. This is when abandonment starts. The bill does not change any of that. Commissioner Neff asked how long the process takes, and Director Kucharski said it depends on the availability of the police. Only the police have the authority to cite, and it depends on their ability and time to get to the vehicle and then come back in 24 hours to cite it. Discussion is taking place on whether it is possible for DEM to take over from HPD the ability to cite, or if the authority could be delegated to DEM. The process could then be shortened. He pointed out that their primary AV coordinator has taken another position with the County, and the second coordinator just delivered a baby, so DEM currently has two employees on temporary assignment handling abandoned vehicles. They are not moving as rapidly as they would like right now, but this is due to personnel issues over which there is little control. Probably 60% of the angry calls DEM receives are regarding abandoned vehicles, so they would like to expedite the process. Chair Bennett stated there is a question on the floor about whether to approve the bill or provide a recommendation, and Ms. Wong said that if the EMC wants to make any recommendations regarding the bill, now is the opportunity. The recommendations could be included in the EMC’s letter to the County Council approving of the bill. Vice Chair Olson said he had a recommendation. The bill came as a surprise to him because he thought DEM already had the authority to tow vehicles in private roadways. The problem is that many of the private roadways are open to the public and are one-lane roads. An abandoned vehicle can be sitting in the middle of a one-lane road, blocking the way. The vehicle becomes a public nuisance at best and a safety