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HomeMy WebLinkAboutMIN PCPWMT 2025/02/18 (2024-2026)CALL TO ORDER: ROLL CALL: Present: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: Policy Committee on Public Works and Mass Transit 2"d Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii February 18, 2025 The regular meeting of the Policy Committee on Public Works and Mass Transit was called to order at 11:53 a.m., in the Council Chambers, Kailua-Kona, by Mr. James E. Hustace, Chair. Mr. James E. Hustace, Chair Ms. Ashley L. Kierkiewicz, Vice Chair Ms. Michelle M. Galimba, Member Mr. Holeka Goro Inaba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Heather L. Kimball, Member (via video conference from Hilo) Mr. Dennis "Fresh" Onishi, Member Ms. Rebecca Villegas, Member The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. The following individuals registered to speak and came forward when called by the Chair: John Andrade: (representing the Ahualoa Community Association) Katherine Nalani Hance: (representing the Ahualoa Community Association) Tony Valenzano: (representing the Ahualoa Community Association) Susan Collins: Bill 28 (Comm. 121), in opposition. Bill 28 (Comm. 121), in support. (See Comm. 121.2) Bill 28 (Comm. 121), in support. Bill 28 (Comm. 121), in support. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. PCPWMT-2 February 18, 2025 Bill 10: AMENDS CHAPTER 22, ARTICLE 3, DIVISION 2, SECTION 22-3.3.2, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ALLOWABLE AREAS FOR SPECIAL ACTIVITY PERMITS Allows for authorized commercial activities to be conducted at the following area in Kona: "Ane Keohokalole Highway, makai side, between Palani Road and Kealakehe Parkway." Reference: Comm.38 Intr, by: Council Member Inaba Postponed: January 21, 2025 (Note: There is a motion by Mr. Inaba, seconded by Mr. Onishi, to recommend passage of Bill 10 on first reading.) (Note: Comm. 38.1 from Council Member Holeka Goro Inaba dated February 18, 2025, transmitting a proposed amendment to Bill 10, was circulated.) CHR. HUSTACE: Thank you, Mr. Clerk. Mr. Inaba, if you want to start off the discussion. MR. INABA: Yes, thank you, Chair. I did have the opportunity to meet with both, Police Department and Department of Public Works individually, and then together to land on a place. So, with that, I'd like to make a motion to amend Bill 10 with the contents of Communication 38.1. Motion to Amend: Mr. Inaba moved to amend Bill 10 with the contents of Comm. 38.1 Seconded by Mr. Onishi. MR. INABA: Thank you. So, we kind of tossed back and forth between the two departments, where exactly, and what we're putting in now is starting here at the Civic Center, heading north to the quarry road, which is not far up the road here, but it allows us a designated specific area. DPW (Department of Public Works) will be working to finalize their application. Some signage along the roadside as well, referring to that area as potential — or as an area that it is permissible to do the commercial activities with a permit. Here we have — well we'll start with Director Ono, if you have anything further, you'd like to add? (Note: At this time, Public Works Director Hugh Ono came forward to address the members of the Committee.) CHR. HUSTACE: Mr. Ono if you could just press the button. Thank you, Director. Please, the floor is yours. Director, if you'd like to share any of your thoughts. Page 2 PCPWMT-2 February 18, 2025 MR. ONO: It's affirmative. We worked out all the details and so it'll work perfectly. CHR. HUSTACE: Thank you, Director. MR. INABA: Thank you Assistant Chief. (Note: At this time, Hawaii Police Department Assistant Chief Sherry Bird came forward to address the members of the Committee.) MS. BIRD: Hi. Good Morning, Assistant Chief, Sherry Bird, Hawaii Police Department and we're in support of the amendment. MR. INABA: Thank you both for being here and we will have in writing, the formal letters from both departments, and I ask for your support and that we're able to move along the bill today. Thank you. CHR. HUSTACE: Thank you, Council Member. Any discussion on the amendment? Seeing none. All those in favor of the amendment? Any opposed? Vote on Motion The motion to amend Bill 10 with the contents of Comm. 38.1 to Amend: was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Inaba, Kagiwada, Kaneali`i- Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Hustace — 9. Noes: None. Absent: None. Excused: None. CHR. HUSTACE: And discussion on the amended motion? Council Member Onishi. MR. ONISHI: Thank you, Chair. Director, so maintenance wise. Will Public Works be taking care of the maintenance? MR. ONO: Yes. We're going to be grading the area to make it nice. MR. ONISHI: Ok. And then I know sometimes there's like those weeds that grow along that area. So that will all be taken care of? MR. ONO: Yes. MR. ONISHI: Ok. Good. Cause then, this is a great idea and I'm looking to maybe do something in Hilo. So will be working with you. Page 3 PCPWMT-2 Vote on Bill 10: Draft 2 (Approved) February 18, 2025 MR. ONO: Ready and available. MR. ONISHI: Thank you. CHR. HUSTACE: Thank you Council Member. Council Member Kaneali`i- Kleinfelder, please. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. To the department. If this Bill passes — or it sounds like it probably will. Is the Police Department aware of what they can and cannot do to people who would — maybe have a bike tour on this section of roadway after the Bill passes? CHR. HUSTACE: Mr. Kaneali`i-Kleinfelder so we are on Bill 10 at the moment. MR. KANEALI`I-KLEINFELDER: I read the wrong one? CHR. HUSTACE: That's ok. MR. KANEALI`I-KLEINFELDER: Ok. I will withdraw my question for right now. I'll be back. CHR. HUSTACE: Thank you Council Member. Any discussion on Bill 10, as amended? Seeing none. All those in favor of Bill 10 as amended, please say, "aye." Any opposed? The motion to recommend passage Bill 10, as amended to Draft 2, on first reading was carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kagiwada, Kaneali`i- Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Hustace — 9. Noes: None. Absent: None. Excused: None. CHR. HUSTACE: Mr. Clerk if you could read the next item. MR. HENRICKS: Is there any additional testimony for Bill 28? Hearing none. Bill 28: AMENDS CHAPTER 6, ARTICLE 2, SECTION 6-12, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PROHIBITED HIGHWAYS FOR COMMERCIAL BICYCLE TOURS Page 4 PCPWMT-2 February 18, 2025 Adds Old Mamalahoa Highway, from its intersection with Mauna Loa Street in Honoka`a to 46-4265 Old Mamalahoa Highway at the Department of Water Supply water tank. Reference: Comm.121 Intr. by: Council Member Kimball Motion to Approve: Ms. Kimball moved to recommend passage of Bill 28 on first reading. Seconded by Ms. Villegas. CHR. HUSTACE: Ms. Kimball any — would you like to lead off the discussion here please. MS. KIMBALL: Yes. Thank you so much. In pursuant to the changes of this program that Council Member Evans and Council Member Kierkiewicz worked on last year. After our discussion, I will be making a motion to send requests for input from DPW (Department of Public Works) and the Police Department. So, I have not done that yet but will do so upon approval of this committee. But as you heard from the testifiers of this particular stretch of Old Mamalahoa, starting at about where Tex's Drive Inn is, in Honoka`a. It goes up through Ahualoa, which is very narrow, it's not a fully two lanes as we're used to seeing in many places. And then it has several areas where guard rails are either missing or damaged. There is a line -of -sight issues with vegetation, trees growing over into the roadway, and upon the request of the association up there, I put in this proposal to utilize our Cycle Tour Prohibition for this particular area, up to the other side of Ahualoa, which is a Department of Water Supply water tank. Old Mamalahoa actually continues out for another few miles towards Lakeland. However, since I haven't had conversations with the Lakeland community, I haven't extended the prohibition that entire length, it's about half of the.length and covering the Ahualoa portion. I will, when I send the letters to DPW, Department of Transportation, and HPD (Hawai`i Police Department), ask them to weigh in on whether or not they think it's better to do the whole route or just this area that I've designated in the bill at this time. Just because there may be some hazard, if there's a turnaround point there, at the water tank, although there's quite a bit of area to use this as a turnaround. So, I am just asking for any feedback, and then I'll make the motion to send this for referral to HPD, DPW, and Department of Transportation. Thank you. CHR. HUSTACE: Thank you Council Member. Any other discussion on Bill 28? Mr. Kaneali`i- Kleinfelder, please. MR. KANEALI`I-KLEINFELDER: Ok. Ms. Kimball. Thank you Chair. You heard my previous question. Just making sure the department has the knowledge to do what they need to do. And I understand this has to go to them for their Page 5 RNMIJUNIN February 18, 2025 comment but sometimes as we create new legislation, the department has to work on enforcing that legislation. Sometimes there's a disconnect between what happens, what's going to happen. So, just throwing it out there for the department. I thought they were here for your bill, but they were here for Mr. Inaba's bill and they have left, so just passing that along Ms. Kimball, thank you. Good bill, I support it. CHR. HUSTACE: Thank you Council Member. Council Member Inaba, please. MR. INABA: Thank you Council Member Kimball for bringing this forward. I'm happy to see that these modals we put into legislation are working. So, I'll be in support of this effort for your community. I yield. CHR. HUSTACE: Thank you Council Member. Any other discussion? With that, I just wanted to share some input as well, Council Member Kimball. The ordinance that went into effect last cycle, or the previous council, still has some outline issues. Particularly with Kohala Mountain Road. Now Old Mamalahoa Highway, if I'm not mistaken, that entire portion is county jurisdiction. So, Kohala Mountain Road is a state road. And in brief conversations with Director Ono, there really seems to be no emergency or importance to put signage on Kohala Mountain Road, because it's a state road. And I know there were some conversations on the dais and this body, I think with Council Member Lee Loy, about some of our state roads and where the County can actually put some of the signage. So, that one kind of still hangs out there for Kohala Mountain Road. But they did put signage for Akoni Pule Highway from basically Halaula out to Pololu. So that has gone into effect, there's signage out there, kind of indicating the status and restriction of that highway. But Kohala Mountain Road is still kind of an issue, and I think we need to work with Director Ono and DPW to see what is the path forward there. So just some thoughts on that. And then the only other thing I want to say about this is, I understand, and I recognize the impact on the communities with the commercial bike tours. However, there's also been some pushback from community members that are cyclists. They are not themselves, part of a commercial bike tour, but they are often being treated as if they are. So, there's like a side effect that's going on because of this prohibition. And I recognize these places are unsafe, they're not technically multi -modal spaces; they don't have the shoulders, the capacity, to handle the different types of vehicles on there. But those that are residents who are avid cyclists or are training, or are exercising, are sometimes pulled over or runned down by cars because of this conversation that we're having. So, there has been kind of this side effect and I'm not sure how to address that. And it has to be a kind of an educational piece out to the community. But I just kind of put in that concern out there when we have this kind of conversation that Page 6 PCPWMT-2 February 18, 2025 how it impacts some of our residents because they're using the road and people see a cyclist on there and they're like, "Oh, this is prohibited." So, there are some conversations that we have to have. And with that. MS. KIMBALL: Chair. CHR. HUSTACE: Yes. Council Member, please. MS. KIMBALL: Thank you. And just to quick comment. Your concern there is definitely heard, and I just want to make it known that when I was presenting this to the Ahualoa Community Association, that distinction between private persons doing recreational biking activities versus commercial tour activities, those are two very distinct things. And this really only refers to paid tours that do take place in this area. But at this time, I'd like to make a motion to refer Bill 28 to Hawaii Department of Transportation, Department of Public Works, and the Hawaii Police Department for their recommendations. MR.INABA: Second. CHR HUSTACE: Thank you, Ms. Kimball. Mr. Clerk, we have a motion to refer Bill 28 to the Department of Transportation, State Department of Transportation; Public Works; and HPD, Police Department, from Council Member Kimball and a second from Council Member Inaba. Any discussion on the referral of the bill? Seeing none. All those in favor, please say "aye". Anyone opposed? Motion to Refer: Ms. Kimball moved to refer Bill 28 to the State Department of (Approved) Transportation, Department of Public Works, and Hawaii Police Department. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kdneali`i- Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Hustace — 8. Noes: None. Absent: Committee Member Kagiwada —1. Excused: None. CHR. HUSTACE: Thank you Mr. Clerk. With that, we come to the end of our agenda for today. MR. HENRICKS: Sorry. Chair Hustace, the refer itself does not impede the progress of the bill. Section 6-11, of the (Hawai`i County) Code, simply states that the recommendations are requested within 45 days and that it must be Page 7 PCPWMT-2 Vote on Bill 28: (Approved) ADJOURN- MENT: Approved: February 18, 2025 received prior to taking final action on any such Ordinance, which will be interpreted as passing on second and final reading. CHR. HUSTACE: Ms. Kimball. Any action you'd like to take right now? MS. KIMBALL: If the body is amendable, I would just like to move this to Council and then if, you know — and we'll receive the feedback from the referrals there. If everybody — if that's ok, if there's a concern to leave it in Committee, I'm also fine with that but it's fairly straightforward so I suggest we just move it. CHR. HUSTACE: Any other thoughts from the Council Members? Ok. I think we're moving it forward then. With that, all those favor to moving Bill 28 to Council, with a favorable recommendation, please say "aye". Anyone opposed? The motion to recommend passage of Bill 28 on first reading was carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kagiwada, Kaneali`i- Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Hustace — 9. Noes: None. Absent: None. Excused: None. CHR. HUSTACE: Thank you for the clarification, Mr. Clerk, with that, we are at the end of today's agenda for our committee. We will now adjourn at 12:19 p.m. Mahalo. There being no further business, Chair Hustace adjourned the meeting at 12:19 p.m. L . ames E. Hustace, Chair Policy Committee on Public Works and Mass Transit JEIVdt /2'L! ZL (Date) Page 8