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Home My WebLink AboutREP PWMTC 029 2020/11/17 2018-2020 Hawaii County Council-2 December 23,2020 Bill 217: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 4, SECTION 24-278 OF (Draft 2) THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), (2018-2020) RELATING TO PEDESTRIANS Amends Section 24-278, Schedule 26 (Roads closed to pedestrian traffic), Subsection (a), Hamakua, by adding a portion of Waipi`o Valley Road running from the Waipi`o Valley lookout to a point near its entry upon the valley floor. Reference: Comm. 1130.35 Intr. by: Ms. Poindexter Approve: PWMTC-29 POSTPONED TO THE CALL OF THE CHAIR: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 10 REPORT OF THE COMMITTEE ON PUBLIC WORKS AND MASS TRANSIT DATE: November 17, 2020 Re: Comm. No. 1130/Bill No. 217 PLACE: Council Chambers Hilo, Hawai`i TIME: 11:16 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Public Works and Mass Transit, to which was referred Bill No. 217,reports as follows: Bill No. 217, introduced by Committee Member Valerie T. Poindexter, via Communication No. 1130 dated October 19, 2020, adds Waipi`o Valley Road to the schedule of roads in the Hamakua District closed to pedestrian traffic, with an exception for emergencies. Members first discussed this bill in Your Committee on November 5, 2020. At that initial meeting, Ms. Poindexter stated the purpose of her bill was to ensure safety on a County road. The road was initially built for residents and taro farmers, but because it is a public road, public access must be allowed. She recounted the lengthy discussions ongoing about the road and other issues, and of the working group, composed of various State and County agencies, landowners, and members of the public, that has been established to address them. There is an ongoing problem of enforcing prohibitions with rental vehicle users and cars that get stuck on the steep, narrow road, and generally described the problem of overuse of the valley without adequate sanitation infrastructure. Ms. Poindexter asked Joe Kamelamela, Corporation Counsel, to discuss possible long-term solutions that could include a permitting system for vehicle access. Mr. Kamelamela said a special management area could be established but it would take "a very long time," sometimes on the order of decades, to create. Bill No. 217 is one of the ways to help regulate what we can, he said. The Department of Public Works is also doing a geotechnical study on the carrying capacity of the road in order to determine whether it was at risk of collapse. Ms. Poindexter said the potential collapse would destroy the lives and livelihoods of many people in the valley. The working group is addressing issues related to access and gathering rights, she said. Committee Members uniformly agreed with Ms. Poindexter that Waipi`o Valley is a special place that is susceptible to overuse. Some Committee Members also said that Bill No. 217 needed further discussion before voting on a recommendation, and perhaps a broader, more holistic approach to address the issues beyond the narrow scope of the bill. After hearing the discussion, Ms. Poindexter moved to postpone the bill to the next Public Works and Mass Transit Committee meeting, with Committee Member Tim Richards seconding, and the postponement was approved. PWMTC Report No.: 29 PWMTC-29 Page 2 November 17,2020 When Your Committee next met on November 17, 2020, Ms. Poindexter provided an update of ongoing discussions with community members and in particular discussions with cultural practitioners for potential amendments to Bill No. 217. She then moved to amend the bill with the contents of Communication No. 1130.34, which further exempts from the pedestrian prohibition"owners, lessees, and residents of Waipi`o Valley," and "Native Hawaiian cultural practitioners in exercise of their traditional and customary rights." Committee Members Karen Eoff, Maile David, and Aaron Chung spoke in support of the amendment. Mr. Chung broadened the discussion by asking if it would be better to dispose of the road parcel to one of the large private landowners in the valley. Ms. Poindexter said road liability is a sticking point; however, discussions are ongoing. Jim Cain, a taro farmer who earlier provided public testimony in support of the bill, was asked to weigh in. Mr. Cain called the road a"hot potato" and added it is a big job to maintain the road. The liability is tremendous and he does not anticipate anyone stepping up and agreeing to take it on, he said. However, Bill No. 217 addresses something that can be addressed right now. Mr. Chung asked Ms. Poindexter about doing restricted road access, maybe by permit. Ms. Poindexter said permitting for vehicular access is in the works, but it is complicated, and in the works with the Office of the Corporation Counsel for three or four years. Therefore, the decision was made to split up the pedestrian and vehicular access issues. Asked by Mr. Chung to give his thoughts on restricting access, Mr. Kamelamela said the reason it is taking so long is the need to get input from various stakeholders and different departments, and getting consensus does take time. Mr. Chung reiterated that Bill No. 217 is well-intentioned, and he supports Ms. Poindexter, but the practical effect of banning pedestrians is going to result in more vehicles. He asked for more discussion on the issue. Mr. Kamelamela agreed, and referenced the Legislature's approval of Act 204, Session Laws of Hawaii 2019, codified as Hawai`i Revised Statutes §291C-138, which prohibits any vehicle, except a low-range four-wheel drive vehicle, from being driven through or in Waipi`o Valley, except for certain circumstances, as an example of the ongoing discussions to provide for safety for users of the road. Mr. Kamelamela said enforcement of the statute remains a challenge because some people don't pay attention, and it would be good to have some people at the top of the road educate others about the need to use four-wheel drive. Mr. Chung again said a broader discussion is needed. Mr. Richards also spoke in support of the amendment, and of the master plan for Waipi`o Valley. He called the bill a good first step, but"not the end all." The bill hits the pause button, he said, to get control of safety issues going forward. PWMTC Report No.: 29 PWMTC-29 Page 3 November 17,2020 Committee Chair Susan L. K. Lee Loy then called for the vote on the amendment, which passed unanimously. Speaking on the amended bill, Ms. Poindexter thanked Jim Cain and Darde Gamayo for their supportive testimony, and acknowledged the people involved in past discussions, including those with differing points of view. Committee Chair Lee Loy also spoke in support of the amended bill. Codifying cultural practices in this piece of legislation is in line with the Aloha Aina Economic Futures initiative, she said. Your Committee is in accord with the purpose and intent of Bill No. 217, as amended to Draft 2, and recommends its approval on first reading. ps AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID x COMMITTEE ON PUBLIC WORKS EOFF X ►.D ._A NSIT KANEALI`I-KLEINFELDER X 4110P KIERKIEWICZ X . LEE LOY X _ . POINDEXTER X SUSA`` b Y, C I' R RICHARDS X WMTC REPORT NO. 29 VILLEGAS X ADOPTED: