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HomeMy WebLinkAboutREP PCIA 014 2024/09/16 (2022-2024) REPORT OF THE POLICY COMMITTEE ON INFRASTRUCTURE AND ASSETS DATE: September 16, 2024 Re: Comm. No. 944/Bill No. 184 PLACE: Council Chambers Hilo, Hawai`i TIME: 9:44 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Policy Committee on Infrastructure and Assets, to which was referred Bill No. 184, reports as follows: Bill No. 184, transmitted by Council Members Holeka Inaba and Ashley Kierkiewicz via Communication No. 944, dated July 8, 2024, amends Chapter 22, Article 2 and Article 3, of the Hawai`i County Code 1983 (2016 Edition, as Amended), Relating to the use of County streets; and establishes a special activity permit for commercial activities. This bill establishes a process to obtain a special permit and regulations to conduct temporary commercial activity on a County street and increases fees from $25 to $50 for any permit issued for the lawful use of County streets. This bill was previously heard and postponed on August 20 and September 3, 2024. Policy Committee on Infrastructure and Assets Meeting of August 20, 2024 Committee Member Inaba stated this legislation was created in response to the increased enforcement of commercial activities along State-owned roadways. In collaboration with the Department of Public Works (DPW), this permitting process was designed to ensure there are no issues with safety, waste management,traffic, insurance, etc. This also allows the DPW Director to revoke permits as needed. DPW Deputy Director Malia Kekai stated the department understands the intention of this bill and wants to carry the program out effectively with safety of the vendors and consumers as the top priority. Committee Member Kierkiewicz stated this was in direct response to the State sending abrupt notice of enforcement along the roadways last year and this is one tool to allow our local entrepreneurs to get their products out into the community. She reiterated that this is not the be all end all and they will be working on refinements. Committee Member Heather Kimball asked about checking the Sign Code to make sure language is in alignment, especially as it pertains to safety and line of sight. Committee Member Inaba will be checking with Hawai`i Police Department and looking at more guidelines specific to one time sports fundraising. PCIA Report No. 14 PCIA-14 Page 2 September 16,2024 Committee Chair Sue Lee Loy suggested a map of areas prohibited with an overlay as it relates to commercial activity and maybe a temporary permit limited to a year. She remarked she is hopeful efforts could be made to open areas that may become commercial space and encourage movement to official spaces. Motion to postpone to the next meeting scheduled for September 3, 2024, was made with all members in agreement. Policy Committee on Infrastructure and Assets Meeting of September 3,2024 Committee Member Inaba explained this bill creates a permitting process for selling and vending in any county streets. Currently, this activity is not allowed. Deputy Police Chief Reed Mahuna stated he has no issues with this bill. Committee Member Kimball asked if the Police Depailiiient should be included in the process. Deputy Chief Mahuna said he would have no objection to a provision of language for safety reviews before permits are issued. Committee Member Kierkiewicz stated she wants to work towards identifying areas per district around the island for these permitted uses. DPW Director Stephen Pause remarked that he was briefed by Deputy Director Kekai and the Engineering Division who presently issues permits for work in county rights of way. He envisions this process would work similarly. It would afford the Police Depaitiiient a chance to look at safety concerns as well as checking for adequate parking, pedestrian traffic, waste management, and sound and/or noise pollution. He stated he felt confident the department could work with the engineering and traffic divisions to assure safety of operations. This permit system would help with enforcement and designated areas seems to make the most sense. Committee Member Inaba stated he wants to consider size limits and will propose having both DPW and HPD reviews in the process. He also wants to consider as much flexibility as this is a new program. Chair Lee Loy recommended a clear understanding of the timeline and requirements for signage for the designated areas. Motion to postpone to the next meeting scheduled for September 16, 2024, was made with all members in agreement. Policy Committee on Infrastructure and Assets Meeting of September 16,2024 Committee Member Inaba introduced Communication No. 944.3, dated September 13, 2024, transmitting proposed amendments to Bill No. 184. He stated that the first part is specifying signage authorized by the permit, the second part expressly permits certain allowable areas and sets up the schedule and framework, the third part provides exemptions for nonprofits and educational institutions, and the last part removes the 6 a.m. to 6 p.m. requirement and allows the times at the discretion of the permitting authority. PCIA Report No. 14 PCIA-14 Page 3 September 16,2024 Assistant Corporation Counsel J Yoshimoto requested more time to research the specific impacts on the Sign Code and recommended a review of the process for commercial activity permits in County Parks. Committee Member Kimball suggested the possibility of a few more additional criteria to add to the lists of streets such as proximity to parks, schools, or intersections. The amendment passed with all in agreement. Discussion continued with questions about the liability language and whether it was sufficient to protect the County. Assistant Corporation Counsel Yoshimoto recommended changes to allow for discretion to increase limits and maybe set a minimum. He recommended consulting with the Risk Manager. • Chair Lee Loy stated her full support for this bill and feels Public Works is the proper department to implement this process as they deal directly with the streets and roadways. She also expressed the need to make sure the Sign Code and the sections affected by this bill are in alignment. Your Policy Committee on Infrastructure and Assets is in accord with the purpose and intent of Bill No. 184, as amended to Draft 2, and recommends its passage on first reading. so AYES NOES ABS EX Respectfully submitted, EVANS X • GALIMBA x POLICY COMMITTEE ON INABA x INFRASTRUCTURE KAGIWADA X AND ASSETS KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL x N L. K. LEE LOY, IR LEE LOY X PCIA REPORT NO.: 14 OCT0 2 2024 VILLEGAS X ADOPTED: