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HomeMy WebLinkAboutMIN PCPWMT 2025/09/16 (2024-2026) DRAFT Policy Committee on Public Works and Mass Transit 5th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii September 16, 2025 CALL TO The regular meeting of the Policy Committee on Public Works and ORDER: Mass Transit was called to order at 9:00 am., in,the Council Chambers, Kailua-Kona, by Mr. James E. Hustace, Chaim, ROLL CALL: Present: Mr. James E. Hustace, Chair Ms. Ashley L. Kierkiewicz, Vice Chan(via video conference from Hilo) Mr. Holeka Goro Inaba, Member Ms. Jenn Kagiwada, Member Ms. Heather L. Kimball, Member(via video conference from Hilo) Mr. Dennis "Fresh" Onishi, Member(via video conference from Hilo) Ms. Rebecca Villegas, Member Absent& Excused: Ms. Michelle M. Galimba, Member Mr. Matt K5neah'i-Kleinfelder,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: (There were none.) CHR.' USTACE Thank you, Mr. Clerk. With that, can we go to our only item on the agenda for today. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 82: AMENDS CHAPTER 24, ARTICLE 9, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PEDESTRIANS Prohibits pedestrians from entering a roadway, obstructing traffic, or approaching moving vehicles for business and employment purposes. Reference: Comm. 481 Intr. by: Council Member Inaba PCPWMT-5 September 16, 2025 Motion to Approve: Mr. Inaba moved to recommend passage of Bill 82 on first reading. Seconded by Ms. Villegas. CHR. HUSTACE: Mr. Inaba, the floor is yours. MR. INABA: Thank you. This is a follow-up bill to a previous bill that this Council passed that was vetoed by Mayor Alameda based on legal guidance provided after our final action on the bill So, this bill before us today was worked on in conjunction with Deputy Corporation Counsel (DCC) Cody Frenz. And I believe she'll be joining us in Hilo Chambers, as well as the ACLU (American Civil Liberties Union) of Hawaii. And they've given their support for:this renewed version of the bill. For the public tuning in, this bill essentially is to ensure the safety of both pedestrians and motorists on our roadways. So, it states that no person may enter a roadway, obstruct traffic, or approach moving vehicles for the purpose of receiving or soliciting employment, business, or any other goods or services with the occupant of the vehicle unless it's legally.stopped. The previous bill had some issues with regards to people being able to hail the bus or any form of transportation. So, some of the old language that was already existing in the Code has been removed'here to insure that people are able to access those services. This bill also dues not prohibit an individual from using sidewalks, areas adjacent to our roadway or any other portion of the road not normally used for vehicular traffic provided that the individual doesn't obstruct traffic or approach moving vehicles. Besides this, the fines from the previous bill remain the same. I wartto extend my mahalo to both DCC Frenz there in Hilo, as well as the ACLU for providing their feedback in support on this bill. I'm happy to take any questions, if there are any? Mahalo. And perhaps, real quick, if we could have DCC Frenz„if there's anything you'd like to add,please go ahead. (Note: At this time, Deputy Corporation Counsel Dakota"Cody" Frenz, came forward to address the members of the Committee.) M ;'FRENZ: Good morning everyone. This is DCC Cody Frenz from Corporation Counsel. I don't have anything to add at this time, but I am prepared to answer any questions, concerns; and to dialogue with Council if need be. Page 2 PCPWMT-5 September 16, 2025 MR. INABA: Thank you very much, I yield, Chair. CHR. HUSTACE: Thank you, Council Member. Having little bit of a technical issue here. In Hilo, do we have anyI don't see your lights. Mr. Onishi,please. MR. ONISHL Thank you, Chair. So, Ms. Frenz, my concern is that a lot in District 2 and 3, is where we have State Highways intersections. And with this, if we pass this ordinance, it won't affect those areas? Is that correct, or is that wrong? MS. FRENZ: If this bill were to pass and become County;Code, the Hawaii Police Department would be able to fully enforce this Code on all public roads, streets, or highways. Unless there's an HRS,=Hawai`i Revised Statute provision that expressly prohibits our ability to draft an ordinance, you know,,that creates County Code law to the contrary. So, there are a few HRS laws that say, as provided by ordinance for the various counties, and there are other laws that are ekplicitly clear that the HRS is what controls, and the counties don't have the ability to further provide legislation at a local ordinance setting that allows further restrictions on State highways, for example. But there is nothing. I have pulled the HRS's; I have pulled the definitions. I have pulled every County Code section. There is nothing in my review of the law that would disallow this entity; this body to pass legislation that would allow us to further confine the allowable behaviors'of pedestrian on County roads, streets, or highways, and/or State roads, streets, or highways. There is no State law that expressly,prohibits us from doing so. MR. ONISHI Okay. You know why I mentioned that is because on the previous bill I mentioned about that. And, well, it was mentioned that they wouldn't have the jurisdiction for those State intersections, right? So, with this now, this will help with that situation. MS. FRENZ: So, I went back, and I wasn't present for that one. One of my colleagues covered that hearing. I went back and I watched that entire hearing, and I believe her specific response was, she had to look into whether or not a County ordinance could, in fact, be enforced on a County road, street, or highway. So, I did watch that hearing. I did see that dialogue, and that's why I went to pull the HRS to make sure there were no expressed provisions that disallowed the County from creating, by ordinance, a provision that would allow such. There are a plethora; there's actually a bunch of County Code regulations that the Police Department currently enforces on State roads, streets, and highways. They Page 3 PCPWMT-5 September 16, 2025 are fewer and far between than the HRS, obviously. But we do have some County provisions that the Police Department currently enforce on State highways. MR. ONISHL Okay, good. MS. FRENZ: Granted, that would be up to the State of Hawaii, Department of Transportation to come in and tell us, "Sorry County,y6u can't do that. We don't agree." And we could have that dialogue. They have not raised that issue up to this point. MR. ONISHL Good. And also, in those intersections where it's Stateso, our State sheriffs could also issue like a citation? MS. FRENZ: You know, I haven't reviewed it in quite some time,I think the last I looked at it was when we had a meeting about parks' matters and other trespass matters, right, sometime last year. I haven't reviewed the sheriff's DLE, the Department of Law Enforcement Powers and,Authorities. I haven't reviewed it in some time. So, with that caveat, my recollection is that the Sheriff's Department is able to issue citations on'all County, State roads and highways. I don't know whether or not they have any internal statutory limitations onto their powers and duties, on say, County-onlq roads, I don't know what the parameters of them jurisdiction are, but I have seen thein'actually issue tickets on State roads. So, I ni not,positive in that regard for their limitations. MR, ONISHL So, if this passes then, it would be great to notify them or at least to let them know,right,okay. MS. FRENZ. Absolutely. I think the primary enforcement, really, is the Hawaii Police Department. But I have seen sheriffs pull people over. It's not as common as it would be with the Hawaii Police Department. MR. ONISHL Right. Okay, thank you. Chair, I yield. Thanks. CHR. HUSTACE: Thank you, Council Member. Council Member Kierkiewicz, I believe your light is on, is that correct? Okay, any other comments from Hilo. Okay, going to Council Member Kagiwada, please. MS. KAGIWADA: Thank you, Chair. Just wanted to mahalo the maker of this bill for going back and working with our Corporation Counsel and ACLU to make sure that people can use public transportation. And that our residents' constitutional rights are still protected. So, happy to support. Thank you. Page 4 PCPWMT-5 September 16, 2025 CHR. HUSTACE: Any other questions, discussions? Council Member Villegas. MS. VILLEGAS: I also want to offer my deep gratitude to Council Member Inaba. Drafting legislation is really challenging, and the bar keeps moving in a lot of different ways, as we're in a really dynamic time. But as I drive through my town and worry about the health and safety of people; and roadways and their animals, I'm really grateful for you bringing this back and for providing us an opportunity to make positive change. I yield. CHR. HUSTACE: Thank you, Council Member. Last call for Hilo. Okay, seeing none, all those in favor of forwarding Bill 82 to Council with a favorable recommendation, please say, "aye." Any opposed? Vote on Bill 82: The motion to recommend passage Bill 82 on first reading,_r (Approved) was carried by the following voice vote: Ayes: Committee Members Inaba, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Hustace—7. Noes: None: Absent: Committee Members Galimba and Kaneah'i-Kleinfelder—2. Excused: None. CHR. HUSTACE: With that being the only item today and being at the end of the agenda, today, it is 9:10 a.m. We are adjourned. Thank you, Council Members. ADJOURN- There being no further business, Chair Hustace adjourned the meeting MENT: at 9:10 a.m. Approved: Mr. James E. Hustace, Chair (Date) Policy Committee on Public Works, and Mass Transit JEH/dt Page 5