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HomeMy WebLinkAboutMIN PCPWMT 2025/06/03 (2024-2026) DRAFT Policy Committee on Public Works and Mass Transit 3`'d Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 3, 2025 CALL TO The regular meeting of the Policy Committee on Public Works and ORDER: Mass Transit was called to order at 10:44 a.m., in the Council Chambers, Hilo, by Mr. James E. Hustace, Chair. ROLL CALL: Present: 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 Mr. Dennis "Fresh" Onishi, Member Ms. kebecca Viliegas, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individual registered to speak and came forward when called by the Chair:,,, Austin Martin: Bill 59 (Comm. 303), in opposition. CHR. HUSTACE: Thank you. Mr. Clerk, if you could read us in. PCPWMT-3 June 3, 2025 BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 59: AMENDS CHAPTER 24, ARTICLE 9, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PEDESTRIANS Prohibits receiving, soliciting, delivering, or offering goods or services while in a street; provides penalties. Reference: Comm. 303 Intr. by: Council Member Inaba-. - Motion to Approve: Mr. Inaba moved to recommend passage,of Bill 59 on, first reading. Seconded by Ms. Villegas.' CHR. HUSTACE: Mr. Inaba, the floor is yours. MR. INABA: Thank you, Chair. This bill way something that came about after conversation with Police in Kona. There are some concerns regarding activities happening within the street itself, where cars are present. So, the main intention ofthis'bill is to insure that both our drivers and pedestrians are safe. So, the bill further expands on,an existing section, specifying that no person may enter or remain in the streetfor the purpose of soliciting a ride. That part is already in the Code. But also, to exchange any goods or services with occupants of a vehicle, unless the vehicle is legally parked. So, essentially, We just want to make sure that, you know, if those types of exchanges are happening, they're happening outside of the street in a time when a vehicle is legally parked andthere's no opportunity for obstruction of traffic or putting risks to the lives of the pedestrians or anyone not in a vehicle. This bill also adds penalties if this section is not complied with. So, first, if there's`not been a violation of this section within a year, a fine of not less than $250, but not more than $1,000. Community service, no less than 50 hours or no more 200 hours or both. And this was in discussion with Police leading the way. Sometimes we're seeing that fines mightnot be the best way. So, we can use this community service opportunity as a way for penalties, or we can employ both. So, that leaves, both the Police Department and the courts some leeway here. If a violator is caught doing it within a year, the penalties are increased. A fine no less the $500 but not more than $1,000; and a community service not less than 100 hours, but not more than 200 hours. And again, both could be employed as a penalty. Page 2 PCPWMT-3 June 3, 2025 So,just generally, the intention here, want to give first the opportunity to our Police Department to come forward. This was something worked on with Chief Ben (Moszkowicz). But we have joining us this morning, Mr. Evangelista. So, if you could please give mana`o from the Police Department's perspective. (Note: At this time, Hawaii Police Department Major Jeremie Evangelista came forward to address the members of the Committee.) MR. EVANGELISTA: Good morning, I'm Jeremie Evangelista, Major with the Hawaii Police Department Administrative Services Division. Yes, you are right, we did collaborate in preparing this amended ordinance. We do feel that it's situated within the County Code where it should be. We feel that this is something that the Police Department would be able to enforce via issuance of a citation. We do feel thatit addresses a safety concern. Doing business within a street is not safe for either pedestrians or traffic. So, we appreciate the opportunity to collaborate and,stand by for any questions. MR. INABA: The testifier did mention concern regarding potential violation of folks' rights. So, want to call ori'Deputy Corporation'Counsel (Dakota) Cody Frenz to address that. There was some previous occasions where the County faced some legal challenge regarding enforcement of certain ordinances that were restrictive of those abilities to free speech. We don't see than here, but Deputy Corporation Counsel, if you could,chime in,please. (Note: At this time, Deputy Corporation Counsel Dakota"Cody" Frenz came forward to address the members of the Committee.) MS. VRENZ: Yes, good°morning. Deputy Corporation Counsel (DCC) Cody Frenz. "So,we are not expressively there's no absolute prohibition. We're simply trying to protect the safety of not just the pedestrians, the people on the side of the street, but also the vehicles that are in the right-of-way. o, there is a safe legal mechanism for anybody who wants to continue to pursue any of the activities that would theoretically be prohibited under this bill in a safe way; in a safe and legal manner. So, there's not an absolute prohibition, it's just minimizing potential risks to drivers and pedestrians. MR. INABA: Thank you, Deputy Corporation Counsel Frenz. Happy to take questions from the members. Thank you, Chair, I yield. Page 3 PCPWMT-3 June 3, 2025 CHR. HUSTACE: Thank you, Mr. Inaba. Over to Council Member Villegas, please. MS. VILLEGAS: First off, I want to thank Council Member Inaba, and the Police Department, and Corp. Counsel for finding the place and the way to incorporate this into our Code. It's a huge issue in my district. People standing in these narrow cement medians, you know, asking for money, all kinds of things. Arid it's not about the asking; it's not about the free speech. It's about the health and safety of both that person and the drivers. We see it also with children's groups, you know,with the nets getting money, but standing in medians or the side of the road. And we already have so many potential issues with health and safety on our roads. So, this way; this creative means to incorporate another protection, which yes, you know, as the testifier said making more laws; making more policies. Nobody really wants to have to do. But in an era when common sense, that if a law doesn't say you can't do it: People kind of are doing things sometime that really aren't the wisest, and can,have unintended negative consequences and having wrestled with how to do a piece of legislation like that without incurring the wrath of the ACLU (American Civil Liberties Union)has been really tricky. So, I want to commend you for finding a way to put this together and incorporate it into this legislation as it relates to pedestrians and making sure that it's very clear that it's focused on health and safety of the pedestrians and the drivers as it relates to our roadways. Because if people want to be generous or contribute, then go to a parked area. And so that's no secret in my district that people are making a lot of money doing it. And,it's not healthy, it's not safe. Anyway, I'm super grateful and hopeful for especially in my district, which I think might have the most prevalent utilization of streets and roadways and medians for activities that shouldn't be happening there on our roads, that this would be able to move forward with the support of full Council today. I yield. CHIR.-HUSTACE: Thank you, Council Member. Over to Council Member Kimball. MS. KIMBALL: Thank you. I'll just go through my questions. And then, perhaps the maker, or Corporation Counsel, or Police can respond. Just because we always talk about the importance of language, this is manini. But the original Subsection (a) talks about a roadway versus a street. And I'm just wondering if there is any difference in the definition of a roadway and a street and what it Page 4 PCPWMT-3 June 3, 2025 encompasses, or are we talking about the shoulders, the curb;just the roadway where the vehicles are. So, if I could have some clarification around that definition. Also, wondering if we have a clear guideline in terms of what it means to be legally parked. Does that mean, in a legal parking area, parking zone? Does it mean that the car is actually shifted into park. Just making sure we have clarity around that. To Council Member Villegas' point, I do see, folks 'soliciting donations. Whether or not it's for an organization or if they're a houseless individual on the side of the street. Just want clarity whether or notthis would or would not include that sort of activity as one of the goods and services that is being offered or delivered. I presume so, but just would like clarity on that. Then just want to do a little bit of a calculation here, if you give me a second. I want to suggest that perhaps the number-4 really like the opportunity to community service instead of paying a fine. Based on what the minimum wage currently is, $14 in Hawaii times 50, that's $700. So, if the minimum fine is $250, you might want to reduce the community service hours to align at the minimum wage for that hour to the range from up to $50 to $1,000. Just a recommendation there. I think the 50„hours to 200 hours seems to be kind of imbalanced with the dollar amount. Butzdo really like that you're providing that option. Those are my questions and comments. I yield, Chair. CHR. HUSTACE: Thank you, Ms. Kimball. Mr. Onishi. MR. ONISHI Did you wanta response? CHR. HUSTACE: Yes,'Mr. Inaba, if you want to respond to those questions, and then I can pass it one. Thank you, Mr. Onishi. MR. INAAA: Sure. We're using definitions already in this section of Chapter 24. So, we replaced "roadway"with "street." "Roadway is the portion of a highway, improved designed or ordinarily used for vehicular travel. Exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term roadway shall refer to any such roadway separately, but not to all such roadways collectively." So, we instead are using the word street. And street means the entire width between boundary lines of everyway subject to this chapter when any part thereof is open to the use of the public for the purposes of vehicular traffic. Page 5 PCPWMT-3 June 3, 2025 So, it's a little bit more broad to cover essentially, if you want to compare it to a previous bill we discussed property boundary to property boundary, essentially in that space. So, the way roadway is used, it's more specific to where the vehicles actually travel, whereas street is from one's property boundary to the other. Then regarding legally parked. I don't think that is currently defined in this section of the Code. So, I would rely on Deputy Corporation Counsel if there is a way that the Police Department is currently interpreting that.. If you could share that with the group? MS. FRENZ: Sure. Deputy Corporation Counsel, Cody, 'renz. So, "Park" is actually defined in this chapter. So, I don't know if that would be sufficient for this body. And it specifically says, "Park or Parking means, the standing of a vehicle whether occupied or not, other than temporarily for the purpose of, and while actually engaged in loading and unloading merchandise or passengers." So, theoretically, as I interpret that, if I am at-the Pana`ewa intersection where I see the same sort of issue on the Hilo side occurring, theoretically, if I'm at the four-way and throw my car in park, I think that this would still apply. So, you know, putting your vehicle in park at a red light to reach for something, you know, you're still operating the vehicle; you still have control of the vehicle. I just wanted to speak on the community service hours. I don't know what it is today, but the Judiciary has a very specific formula. There's a number of hours based on the dollar amount. Soy there's a calculation; I don't know what it is now. So, we could always look into that between now and the second reading. Figure out what the current dollar rate is. It used to be seven hours per $100. Again, I'd,have'to take a look and,find out what it is. But that would bean easy one to rectify and have it correlate, so that the dollar amount relates directly to thaty if this body wants that action, as opposed to a set number. That's an idea. MR. INABA: Thank you Deputy. And then, lastly, I think the question was whether it applies to fundraising activities. And yes you are correct it does. I think that's all the questions for now. I yield. CHR. HUSTACE: Thank you, Mr. Inaba. Ms. Kimball, does that help you with those definitions? M&XIMBALL: It does, but I want to check a couple things, and I have a couple more responses. So, please pass it through. CHR. HUSTACE: Okay, thank you. Mr. Onishi. Page 6 PCPWMT-3 June 3, 2025 MR. ONISHL Thank you, Chair. This is for your folks. You know, I'm so involved with youth activities, athletics and so forth. So, as it's mentioned about these fines, community service. So, my question to both of you is, if the team players are on the side of the road with their fishnets, and there's no adult supervision, how will enforcement be done and what would happen to those youths of that certain team? MR. EVANGELISTA: Major Evangelista, Police,Department. First of all, these would probably be addressed on a complaint-driven basis. So, we'd probably get calls about something. We could also self-initiate activity,that's also possible. Our main enforcement method would be to issue a citation.' ,And citations can be issued to juveniles. When you issue a citation to a juvenile an adult is required to co-respond°with them; whether they submit a written'statement or appear in court. So, that's how enforcement will take place, is primarily through citations. MR. ONISHL Cody, do you have anything to add? MS. FRENZ: I agree with the Major. I also thinkitraises additional red flags if there are minors with no parents'standing on the side of the road. Separate issue, right, depending on the age of those minors. Butt think Major Evangelista has already touched on it, because I've seen him in court. You know, when a minor gets a traffic ticket, the parent has to come into court with them and respond on behalf of the minor. Whether or not they're there in District Court or they're pulled into Family Court via petition is yet to be seen. MR. ONISHI: So, then, if this legislation is passed, then the County needs to notify all these athletic teams of what the consequences will be, because they're goingto need to know, right? Like, if we pass this, some might not even know this is being passed right now, right? MS. FRENZ: Absolutely, I think education is going to be key for every single Council Member here. Especially in the districts where it's more prevalent, because the average community member isn't necessarily watching these hearings. They don't know when bills advance and become law. Every time I drive through Pana`ewa or I'm at the Kanoelehua-Puainako huge intersection, and someone's shadow-boxing on this skinny median, it's very potentially dangerous. And I worry as a parent, right? But as a sports mom, I also appreciate what their needs are. There's just a safer way to do it. Page 7 PCPWMT-3 June 3, 2025 So, it's going to be critical that education is huge in this regard, that they know in advance, hey if this occurs, after this bill is passed, this is what could happen. They take their chances, right? They're informed and educated. It's up to them. MR. ONISHL So, is it possible that we could have a certain period of time before enforcement with citations, can be put in or enforced. MR. EVANGELISTA: I think that goes back to what this'body wants to do with the bill. They could build that into the bill. Otherwise, the enforcement takes place when the bill becomes active. MR. ONISHL Right. MR. EVANGELISTA: I would say,we should probably all use the time we have between now and whenever the bill passes to educate people. So, if it ins going to pass, perhaps this body might consider setting an,active date a little further in the future to allow for that education campaign. MS. FRENZ: I'd also add, Council Member Onishi, that the Police Department does have a lot of discretion"right? The officers responding have a lot of discretion. They're able to educate themselves upon that initial contact and say, "Did you guys know, here's a copy of it." And provide them that information. Choose not to depart to a safer legal area, they could issue a ticket. There is a lot of discretion,that allows for that educational component to also be implemented by the department. MR. ONISHL Right. Then, but like Major was mentioning about, if there's a driven complaint, that's geeing to I guess, issue the officers to go and look into that situations right? But, when I'm driving there are those certain people at the same,intersection'. So, my'question would be, if an officer is just doing their own patrol; they come to that intersection and they see this person there, would they initiate that conversation or that citation to them? MR. EVANGELISTA: Yes, I would say that's reasonable. We could also take action When we observe violations. Whether that be education or a citation. Yes, it's a dangerous situation, and we want to try and address it. MR. ONISHL Okay. And you know, in the previous Administration, they were trying to work with Hawaii Island United Way to do their QR(Quick Response) codes on those signs, right, at the different areas. So, people could go and take a picture of the QR code, and then they could donate the money to United Way, and they would give to these nonprofits. Page 8 PCPWMT-3 June 3, 2025 I don't know whatever happened, because at that time I was helping United Way, and we had discussions with them. But one of the things was, it was about the insurance coverage; the liability part on the United Way side. But I don't know whatever happened. And I know this body, it must have been within the last three years or whatever so. So, if anybody knows about that, then you can speak up about that. So, I yield. Thank you. CHR. HUSTACE: Thank you, Mr. Onishi. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. So,just"a little more clarification around this. Major, you said it could be complaint-driven but also self-initiated. Just wondering, when we have these things, I am always a little bit concerned, and I find myself agreeing with our testifier from' the Libertarian party, which I don't generally align with. You just talked about subjectivity. Who may geta warning, who may get an automatic fine; who may be selected to be initiated against versus others who are not. So, I'd love to hear a little about the thinking of how we make sure that this is applied fairly and nottargeting any groups or anything like that. What do we know about this kind of policy when it's in effect? MR. EVANGELISTA: Like Corporation Counsel Frenz said, individual officers are permitted discretion, which means they could choose to educate the person; they could,choose to issue a citation. And that's going to be an individual officer's decision based on the totality of circumstances he or she is faced with at thattime. I myself,have handled violations of law both ways. There's no one set way to deal with every situation, You deal with the situation as it presents itself to you. Soliciting anything in an active roadway is dangerous. And you can reasonably expect your Police Department to try and address that dangerous situation. Whether they choose to try and educate the individual or issue a citation, those are our methods of dealing with that dangerous situation. MS. KAGIWADA: Okay. I guess, I'm thinking like down in Puna, and maybe Council Member Kaneali`i- Kleinfelder can even speak to this, because I think he's been involved. There's been like food distribution done, where people pull up in' their car; they might not even turn off their car. It may be a roadway that's not very busy; unused. And I'm just wondering with things like that, are we going to have to start worrying about things like that happening and people being cited or shut down. Page 9 PCPWMT-3 June 3, 2025 I'm also just wondering, I know, it's not necessarily goods being exchanged, but just clearly stated that things like civil disobedience, social protests, sign-waving will not be shut down or fined because no goods are exchanged. And maybe that's a question for DCC. MS. FRENZ: So, to touch on your previous question that the Major has already answered, I could hear Chief Ben's commentary to this body in my head when we talked about an unrelated matter before you all. The Police Department regarding potential discrimination concerns about maybe targeted enforcement. They have general orders within the Police Department than also prohibit that type of behavior. So, I just wanted to touch on that briefly. For food distribution, I can't think of, maybe I'm uninformed: So, forgive me if I am. Where that would actually be on'an actual roadway or a highway. Most of the food distribution centers that I've seen provided food at are off the road. And that's for safety, regular traffic congestion. So, I don't know if that would actually be a problem unless there was going to be a drive-by pick-up, I don't know if it would be,on a roadway. But again, looking at all of the examples that'you've provided, the question is really whether or not they actually fit within the definitions and the prohibitions of this bill. And I don't think that they would. So, every situation is very different, right? I mean,I can't speak as to whether or not situation A is because you changed one fact, and then,B becomes a problem, whereas A wasn't because one fact was different. So,unless you have very specific set of facts, I don't know how to provide you the necessary guidance to appease any concerns other than, you know, it fits within the parameters of this, or it doesn't. So, it's a little hard. The possibility of this is endless. MS:'KAGIWADA: Okay. So, my understanding is that there have been food distributions that have occurred on roadways in the past. And you're saying, with this, they will no longer be able to do that. They will need to figure out something else. MS. FRENZ: If the food distribution is going to be directly on say Highway 11, which would surprise me, but you know what I mean. M&XAGIWADA: No, I'm talking about small roads; sides of roads. But with this definition of"Street," my understanding is going all the way to the property line, and not even pulling on the shoulders or something, would be allowed. If unless the cars are legally parked. MS. FRENZ: So, if you look at the bill in front of you, 24-249, Subsection (a) it says specifically, "No person may enter or remain in a street for the purpose of Page 10 PCPWMT-3 June 3, 2025 receiving or soliciting a ride, employment, business, or any other good or service from the occupant of the vehicle." It sounds like you're thinking of the reverse situation. So, I don't know if that would fit under(a)(1); I don't know that it would also fit under(a)(2),just a literal reading of the bill that's before us this morning. MS. KAGIWADA: Delivering or offering any employment, business, or other good or service to the occupant. So, that's what you're saying? That wouldn't be getting food to the occupant of the vehicle. MS. FRENZ: Or goods maybe. I don't know that the intent of the bill was to exclude and prohibit this. But maybe the alternative is to find safer places that don't put inappropriate use of food distribution into the proximity of this being a potential problem for that. I don't know. MS. KAGIWADA: Okay, alright, Y can accept that. And I understand. I guess I'd like to go back to the maker that the intent of this is not to curtail anybody's ability to do sign-waving's on the side of the road or anything like that. It's really about this exchange of goods, is that correct?"ijust want to be clear for the public. MR. EVANGELISA: Correct. MS. KAGIWADA: Okay, thank you so much: I appreciate you answers. I yield. CHR. HUSTAE: Thank you, Council Member. Council Member Kimball. MS. KIMBALL Thank you. Thank you for being here again. Just a quick clarification.' ,So, this will apply to all roadways regardless of ownership of State, County, or private. MS. FRENZ: That's correct. MS. KIMBALL: Just referring back to the definitions that Council Member Inaba provided,just so I'm crystal clear, the street is defined as the entire easement between any adjacent property lines as opposed to a roadway, which is just the area where the vehicles the reason that I'm asking is that I think there is potentially a lot of variability across the County of what could be construed as the street. And in some cases, limiting it is totally appropriate and other cases it might not be because we're extending further out. To the maker, I wonder if you could consider an amendment that would still utilize the roadway, but maybe specify the distance beyond that. A specific distance, 10 feet, 15 feet or something like that. Page 11 PCPWMT-3 June 3, 2025 So, if we have properties where the roadway is maybe where we have that easement, but it hasn't been developed, those areas could still be allowable. Just a proposal there. If I'm understanding how the definitions work correctly. The other thing, you know, coming back to the parked, and I think this applies a little bit to maybe the scenario that Council Member Kagiwada was talking about, I'm actually familiar with some streetside food distributions in my district. And they're not very-well used streets. They're pretty low traffic,everything like that. The way I read the parking, you know, what's interesting is you mentioned the word operation. The way I read parked or parking as the definition, and maybe this is splitting hairs. It doesn't really specify like pulling off to a safe location, which I think when you say legally parked,that's what we're looking for here, right, the vehicle has been stopped, and it's in a safe location. So,just to the maker, if there's perhaps, and I mrn willing to propose, you know, think about this. If there's another way to clarify that's what you're asking for, is that the vehicle is parked, stopped, in a safe location, then that exchange can happen. So, I guess we need to define the safe location. Then finally, Deputy Corporation,Counsel, using the court's formula, I think, is great, and I'd support that. Thank you. CHR. HUSTACE: Thank you,Council Member Kimball. Council Member Villegas. MSr VILLEGAS:� Yes, I just wanted to quickly circle back to Council Member Onishi's questions about the prior program. The initiative with the attempt to have people contribute money; Tt was unfortunately a failure. They spent more money on the signs and trying to put the program together than was actually raised by the funding. I think it was an attempt at solving something without having to enter the waters of a policy,probably also because so much was already happening with ACLU lawsuits around the country. So, unfortunately, it did not do what was intended. And so, it ended up costing taxpayers more money than it even brought into the United Way. I think it was $1,500, but it costs the Council something like $10,000 to make the signs, all the blah, blah, blah. So, tome, kudos that we tried something, and we know it didn't work. So, to me that further supports the need for these actions moving forward as far as policy. I also just quickly wanted to note, you know, we have wonderful school police officers that work on our campuses We've got, you know, this Administration, as other Administrations has also done great media and PR (Public Relations) releases; press releases. So, I firmly believe that we'd be able to get the word out Page 12 PCPWMT-3 June 3, 2025 quickly. And schools and civic organizations and any others that utilize this as a means for fundraising in our streets, would transition. I mean I remember doing carwashes and selling chocolate bars. And you know, there's lots of ways to raise funds that would provide for healthier and safer means to do so. So, I yield on that. CHR. HUSTACE: Thank you, Council Member. Council Member Galimba. MS. GALIMBA: Just briefly, I think you know,justreading the description and just thinking about our beloved tradition of political sign- aving. I mean, it is in some ways you're soliciting employment-for a vote. So,you know, the whole idea of how is this going to be enforced and are we going to'do it? You know, some people are going to be okay, and other people not: I think it is kind of an interesting question not to bring up, because I know what's in mind, but if you kind of—the thing that's happening'is the same in a way, but we're putting it into different categories in our mind just because of certain things are more prestigious than other things or have a tradition. So,just bringing that up. Thanks. CHR. HUSTACE: Council Member Galimba, are you looking for an answer? Okay, thank you. Council Member Inaba;any final thoughts on this? MR, INABA:, Thank you everyone for your feedback. I will work to review the rate versus community service to make sure we have the most sensible approach. Hearing some of the concerns regarding different streets and maybe the width. I kind of relate to another bill we're on. I hesitate to try and make certain distances that also could be arbitrary or might work,on some streets and not others when we know "legally parked." You cannot legally park at a stop light where you're in an active roadway. So, on thatfront, if members have any specific recommendations that are universal that we think could be, you know, reasonably understood by both the police and,the public, I welcome them. But, legally parked right now with the definition of parked in our Code covers what we're trying to cover here. Soy with that,just ask for your continued support. Again, this doesn't restrict sign-waving or any type of freedom of speech at all. Essentially, we just don't want people going into or being in the streets and potentially causing harm to themselves or vehicles or occupants of vehicles. So, ask for your support, thank you. CHR. HUSTACE: Council Member Onishi. Page 13 PCPWMT-3 June 3, 2025 MR. ONISHL Thanks, Chair. Chair Inaba, would it be possible to add in there, where after the Mayor signs it, there's like a three-month period before enforcement can be done? So, that way too, the officer could help with the information educating the public. Like if you see athletic teams on the side, they can pull over and talk to them and tell them, you know, you cannot be doing this because there's this law now that got passed but you guys have 90 days of you know, the education part, or whatever. MR. INABA: I'm happy to push the effective date out if the Council wants to. To just know, once its passed and if the Mayor should,<sign it and it becomes law, and it won't take effect for a few months. I'n totally fine;with that. But again, I think the main point is that no matter what; it's going to happen, and police will have to go out there and do some level of education, no matter what. Even with all of our attempts. But if that's the will of the body, I'll prepare an amendment on extending the effective date, and then the body can choose whether we want to send it out three months or leave it as is, taking effect upon passage. MR. ONISHL Great, thank you. I yield. CHR. HUSTACE: Mr. Kaneali` -Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. To the maker, I appreciate this bill for a number of reasons. Most of which have been stated already. For the Police Department, ultimately the officers in the field will have discretion to work with this law to deal with certain individuals, correct? MR. EVANGELISTA: That is correct, Sir. MR. KANEALI`I-KLEINFELDER: Should there be an incidence where we're having'a food drive or something else and you are on a street, the officer will have the discretion, correct? MR. EVANGELISTA: The officer will have the discretion no matter what the situation is. Mtn. KANEALI`I-KLEINFELDER: Okay. I think that's fair. I think that provides a little bit of a human value. As far as how they're approaching the situation and what's been called in as an activity that may or may not be prohibited according to the law if we do change it. I think that's helpful to what was brought up earlier in the conversation. Page 14 PCPWMT-3 June 3, 2025 Yes, the street, that's a good question for Ms. Kimball, for street and roadway. We've had that discussion before. So, that's just worth looking into to make sure that the two match. Overall, I like the idea, and this is why. Sorry, I was going to start here, but I think I'll end here. I recently got about 40 to 50 letters from both the Mountain View Elementary School and the Kea`au High School_ It seems like maybe their Senior projects wrapped up and they were required to send me, maybe all of us. I don't know who else got those. But a bunch of letters from the high school students. Out of the 10 to 15 emails I got from the high school students in different brackets of age, I think about three or four of them spoke to what are we doing about homelessness? Most referencing the activities that they're seeing Qn the streets, the people standing in the road; the people asking for money. This bill has been on my mind for a number of years,but was just recently highlighted the kids asking the questions on'what are we doing as a County that will fix that problem? And this is the most visible portion of that. That's what we see everyday. That's what the community is'asking us, why are we not addressing this? So, I really do commend Mr. Inaba for taking a step towards addressing, in what I see, that aspect of this situation and finding a;reasonable way to do so that really touches on the public safety component and providing a tie-in to the Police Department to work through the prohibitions and how to work on that end with your officers. So,I'll be supporting this today, and thank you very much for being here today. And Mr. Inaba,thank you for bringing this forward. I yield. CHR. HUSTACE: Thank you, Mr. Kaneali`i-Kleinfelder. Any other discussion? Okay, thank you, appreciate the conversations we had here. Thank you to the introducer and the opportunity for potential amendments, as we'd probably see, as you've heard from the group here. I don't receive those kinds of emails. I receive other emails. But I wish I received those kinds of emails. But thank you, Mr. Kaneali`i-Kleinfelder. With that"we have a motion to approve and forward Bill 59 to Council with a favorable recommendation. All those in favor, please make yourself known with an "aye." Any opposed? Page 15 PCPWMT-3 June 3, 2025 Vote on Bill 59: The motion to recommend passage Bill 59 on first reading (Approved) 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, we have nine'ayes." And with that, we come to the end of our agenda. It is 11:29 a.m., we are adjourned: Thank you. ADJOURN- There being no further business, Chair Hustace adjourned the meeting MENT: at 11:29 a.m. Approved: Mr. James E. Hustace, Chair (Date) Policy Committee on Public Works, and Mass Transit JEH/dt Page 16