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HomeMy WebLinkAboutMIN PCPWMT 2026/03/03 (2024-2026) Policy Committee on Public Works and Mass Transit llth Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii March 3, 2026 CALL TO The regular meeting of the Policy Committee on Public Works and Mass ORDER: Transit was called to order at 10:33 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. Rebecca Villegas, Member (via video conference from Kona) 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 individuals registered to speak on Bill 132 (Comm. 742), and came forward when called by the Chair: Noelle Lindenmann: Support and comment. Jeff Foster: Support and comment. Chris Freed: Support and comment. J. Berg: Comment. Julie Ziemelis: Support. Alayna Wiley: Support. Caylin Zienelis: Support and comment. John Hill: Support and comment. PCPWMT-II March3, 2026 Jasmine Crusat: Oppose. Mel Finkonberg: Support. CHR. HUSTACE: Mr. Clerk, if you want to read in the bill on today's agenda, please. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 132: AMENDS CHAPTER 6 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED) BY ADDING AN ARTICLE RELATING TO PAID PARKING FACILITIES IN KAILUA VILLAGE Adds a new article to regulate parking rates at private parking facilities in Kailua Village. Reference: Comm. 742 Intr. by: Council Member Villegas Motion to Approve: Ms. Villegas moved to recommend passage of Bill 132 on first reading. Seconded by Mr. Inaba. CHR. HUSTACE: Council Member Villegas, the floor is yours to start the conversation. MS. VILLEGAS: Thank you, Chair Hustace. I want to start this off by thanking my community. And heartfelt apology to Chris (Freed), for how long this has taken and the toll it's taken on his business and his family; with a newborn. I'm sure my colleagues could hear it in his voice; the pain and the suffering that this has caused on a poignant impactful level. In response to a testifier saying that this legislation is rationed; oh, give me a break. We've been talking about this for over three years. We've met in person; we've talked about the challenges and none of the changes that were suggested or potentially negotiated to ease the burden on small businesses in Kailua Village have been activated. I sit here with a presentation that ParkLinQ (Parking Management Company in Hawaii)provided to myself and the Mayor last year; much of which is gaslighting and mansplaining for what's happened in our community. It's really disturbing what's happened to Kailua Village. I am disappointed that some of the rhetoric that's already being pushed around is that this would be a taking. I appreciate the testimony by Julie Zienelis, pointing out that the taking is an elimination of the opportunity for economic profit or gain; this is not that. This Page 2 PCPWMT-II March3, 2026 creates a cap. I humbly recognize and will say honestly that I low balled some of these members in this legislation on purpose. Two dollars an hour, okay, does it need to be $5; does it need to be $7? But we have to start somewhere, and in negotiating in what has been experienced by my community as the utmost of greed with surge pricing; non-posting, which is against the law, by the way. And County has not been upholding that responsibility of these parking operators. We've got to start somewhere, and I kind of figured, let's start with the low-ball. And I'm open for discussions with these parking management companies. I already know, and I want to thank the Planning Department for providing some amendments that are necessary. So, I'm making those notes too. So, this is a process moving this forward. This is a living, breathing, moving document. And whether or not the hourly price is what it ends up being or the number of complimentary hours is what it ends up being in the long run. But it's time for us to have this conversation. Because Kailua Village is begging. Business owners are hanging on by a thread. I don't even go down in the Village anymore. I'm born and raised here. I grew up hanging out on the pier and going to the Fun Factory, and that was like the coolest thing you could do if you were allowed to walk downtown, by the way. And now, I don't see our local people enjoying these places. We talk about priced out of paradise, and here we have parking lots pricing us out. There are a number of ironies from what could potentially be considered discrimination in charging different for a visitor versus kama`aina. There are issues, I think, when it comes to if you're advertising a public parking lot, but the tenants of shopping centers; their contracts with the landlords include parking stalls. So, there is a litany of inconsistencies. I think some of this is due to the fact that when a lot of these ordinances for the shopping centers were created, nobody ever thought to charge for parking. And so, now we're trying to protect our community and the consumers, the consumers also being the tenant. The consumers being those that want to visit stores and restaurants from being price gouged. You know, other cities have created parameters for what can be charged based on taxi rates and whatnot for the consumer benefit. I'll go ahead and pause here. Page 3 PCPWMT-II March3, 2026 I'm interested to hear the feedback from my colleagues and move forward, ideally continuing to improve on this legislation in providing the protection and support for what my community is begging for. I yield. CHR. HUSTACE: Thank you, Council Member. Over to Council Member Onishi, please. MR. ONISHL Thank you, Chair. Can I get Corporation Counsel to come up and also, maybe Public Works. Yes, same time, because basically, it's like what we've heard through testimony about signage and all that, and I guess, enforcement. Also, is this possible on the Corporation Counsel side that we, as a County Council, are able to limit on, I guess, our role, or allowing these private businesses to regulate them. So, either one can go first, either about the signage or enforcement. (Note: At this time, Deputy Corporation Sinclair Salas-Ferguson came forward to address the members of the Committee.) MR. SALAS-FERGUSON: Good morning, Deputy Corporation Counsel, Sinclair Salas-Ferguson. So, our office has conducted some preliminary research into this matter. We are requesting some more time to dive deeper and submit a written opinion on the matter. But if you guys would like to hear the preliminary research, we would advise going into Executive Session to discuss that. MR. ONISHL Okay, thank you. Public Works Director, any comments about what we heard on the testimony about the signage and enforcement. (Note: At this time, Public Works Director Wesley Segawa came forward to address the members of the Committee.) MR. SEGAWA: Wes Segawa, Director of Public Works. Okay, talking about signage, markings for parking lots or whatever for businesses. I'm going to turn it over to my Building Division Acting Chief, Aaron Spielman, so, he can fill you in on what those requirements are. (Note: At this time, Public Works Acting Building Chief Aaron Spielman came forward to address the members of the Committee.) MR. SPIELMAN: Council Member Onishi, could you ask me the question again? MR. ONISHL Okay, so while through the testimonies, they mentioned the signage and about enforcement; it's not being enforced. And about the pricing; Page 4 PCPWMT-II March 3, 2026 there's no prices listed. So,people don't know. Is there a requirement that the Building Division or Public Works require? MR. SPIELMAN: Aaron Spielman, Acting Building Chief. I can only speak for the Building Division, Hawaii County Code, Chapter 5. As far as I know to the best of my knowledge, I don't know anything about the pricing. But I understand Council Member Villegas' point and maybe that's a better question for Corporation Counsel or Department of Finance. Sorry, I'm just not sure about the money side. I feel it would be fair to post. MR. ONISHL But there's no requirement by Public Works to list the pricing? MR. SPIELMAN: Sorry, I can only speak for the Building Division. Our Chapter V doesn't talk about parking lots and rates. Does that make sense? MR. ONISHL I mean just the signage itself. MR. SPIELMAN: So, signage, Chapter 3 has lots of requirements. And Kailua Village District has signage requirements that are stricter than Chapter 3 signage requirements. All signs in the core of the Kailua Village District have to go to the KVDC (Kailua Village Design Commission) for approval and require Building permits. If an entity does not secure KVDC approval and/or a Building permit for that sign, they are in violation. The Building Division responds by complaint, and I believe as a historical record, we've responded to at least one complaint about quantity and size of signs. It was subsequently resolved is my understanding. MR. ONISHL But no other complaints. MR. SPIELMAN: That's just the one I remember, Sir. And then the third item was signage fees posted and enforcement. So, the way I understood the comment about enforcement, was it specifically to signs, or was it like the parking lot. I'm unclear. MR. ONISHL I don't know, my understanding about the testimony was about the signs. MR. SPIELMAN: So,yeah, we enforce after receiving complaints for Chapter 3 signage, right. MR. ONISHL Okay, thank you. Director, you have anything else to comment on? Page 5 PCPWMT-II March3, 2026 MR. SEGAWA: I'd like to add that this is totally new for the department. Normally, the police oversee County-owned parking lots. I think we have three in Hilo; Aupuni Street, where our offices are across the street, and I think, Downtown, Hilo. And we have one person assigned to that. But we already have laws in place on what we're supposed to do. This one here is new because it involves police and enforcement in parking lots on private property. MR. ONISHL Correct, okay, thank you. Well, I would suggest if we could go into Executive Session to listen to Corporation Counsel first or get their thoughts. Because I mean, we can go through this whole dialogue of what's going on, but then the bottom line is going to be to what we can and what we cannot do. So, Mr. Chair, I would suggest that we can make a motion to go into Executive Session. CHR. HUSTACE: Mr. Onishi, is that a motion or a suggestion? Vote on Motion to Mr. Onishi moved to enter into Executive Session in order Enter into to hold attorney-client privilege discussion regarding Executive Session: Bill 132, as authorized by Section 92-5(a)(4) of the Hawaii (Approved) Revised Statutes. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Committee Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villagas, and Chair Hustace—8. Noes: None. Absent: Committee Member Inaba— 1. Excused: None. Recess: At 11:15 a.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 11:35 a.m. CHR. HUSTACE: Okay, thank you, Mr. Clerk. We are returning out of Executive Session. Mr. Onishi, if you could give us a summary. MR. ONISHL Pursuant to Section 92-5(a)(4) for the purposes of consulting with our Council attorneys on questions and issues pertaining to the Council's powers, duties and privileges, immunities and liabilities. Point of Order: MR. INABA: Chair, Point of Order. For those who are in the Chambers, if you can please quiet down so we can proceed with the Council business. Page 6 PCPWMT-II March3, 2026 CHR. HUSTACE: Thank you, Mr. Onishi. Back to the discussion on Bill 132. We'll go to Council Member Kierkiewicz to continue the discussion if that's alright. MS. KIERKIEWICZ: Thank you, Chair. Briefly, I just wanted to take a moment to acknowledge Council Member Villegas for her tremendous effort working with community for more than three years to solve this issue. Private parking seems to have grown into a commodity. And it's shameful,because small businesses suffer. And we've heard from many local residents who just don't frequent Downtown Kona, because the fees are very excessive, and the signage is very confusing. So, that doesn't serve community or small businesses. Thank you for your diligence. I really do hope that there is a way that we can work with Corporation Counsel to solve for the challenge that you have been working on. One thing that I do want to flag is the enforcement mechanism within the bill; it doesn't seem clear if this is more appropriate for the Department of Public Works or Planning to oversee. And we might want to have just a broader discussion about a Code Enforcement Agency within the County that serves as a catch all. So,just something for consideration because I know that there's continued work to do to refine this bill. But fully in support of the work that you're trying to do. Thank you, Chair, I yield. CHR. HUSTACE: Thank you, Council Member Kierkiewicz. Council Member Inaba. MR. INABA: Yes, before we proceed, I also want to mahalo Council Member Villegas. I think this is really a great start, and I'm hoping that the research done by Corporation Council lends its support for us to take action on this matter. I know you've been working on it for a while. So, to see it here and to see the thought that went into it is great. So, thank you, Council Member Villegas. CHR. HUSTACE: Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: For Council Member Villegas. When you did your research with community, did you look into decisions made by the Kailua Village Design Commission on the discussion for parking? MS. VILLEGAS: I'm sorry, are you speaking specificallyChair, is it okay if I answer directly? CHR. HUSTACE: Yes, please, go ahead. MS. VILLEGAS: Okay. The Kailua Village Design Commission, I'm actually a little bit surprised. I know that they've had issues with quorum consistently, as I've Page 7 PCPWMT-II March3, 2026 been watching that. So, while it's something that I did do a little bit of research on; now, I'd like to circle back and get the exact specifics. So, thank you for pointing that out because there may have been some conflicts in what was approved, because I can't image what's happened and been approved. So, thank you for that. MR. KANEALI`I-KLEINFELDER: My thought it that as we as County and the different commissions, ourselves as the Council, as we approve projects specifically, in high-density areas, that we need to be cognizant of parking requirements. So, we don't build communities that end up needing parking which can then be open to private contractors to provide at a cost that we as County need to factor that into our decision making, which may fall into the Kailua Village Design Commission, or the Leeward Planning Commission, or Windward Planning Commission in the future. So, a thought for you as you go down the rabbit hole with Corporation Counsel and with the bill. MS. VILLEGAS: I appreciate that insight and that perspective, the number of things that confound me. I think if you own a piece of land and you want to do paid parking, then that's the one business on a piece of property that is different than a shopping center that has legal requirements for permitting for the number of square feet for restaurants. There's a difference between restaurant, office space, or retail, and the square footage requirements for the number of parking spots associated with that. So, that's direct correlation of parking spots necessary in order for a shopping center to support tenants, who then sign a lease; and their parking spots are assigned per letter square footage, and then for it to be turned around and sold separately as a public parking lot. That doesn't compute for me, as I don't know how that can be legal. From a business sense, let's talk about double dipping. So, that's something I'll look back at with the Kailua Village Design Commission as well, and I earnestly ask my colleagues for your help with this. I have gone around and around, and still looking for how do we create forms of accountability. Think of each of your communities. CHR. HUSTACE: Sorry, Council Member, we're still with Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Ms. Villegas. And I agree with you completely. I love the bill. We have these parking spaces in Hilo as well, and I do not use those parking spaces, because I find it complex and costly, which is frustrating when you want to provide business to local businesses, but you just can't find the parking. Downtown Hilo, we have some too. Okay, thank you, Ms. Villegas. I do support the bill and look forward to seeing what you do with it. Thank you. Page 8 PCPWMT-11 Motion to Postpone: Vote on Motion to Postpone: (Approved) ADJOURN- MENT: Approved: March 3, 2026 So, happy to keep discussing and looking into what we can do to support the area, and I think this is a really good start. And hopefully, we'll hear more and get more information, and we can proceed from there. I yield. CHR. HUSTACE: Thank you, Council Member. Any other discussion or questions? Council Member Onishi. Mr. Onishi moved to postpone Bill 132 to March 17, 2026. Seconded by Ms. Villegas. CHR. HUSTACE: Any discussion on the postponement? All those in favor of postponing Bill 132 please say "aye." Any opposed? The motion to postpone Bill 132 to March 17, 2026, was carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kagiwada, Kdneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villagas, and Chair Hustace — 9. Noes: None. Absent: None. Excused: None. CHR. HUSTACE: Thank you for the discussion. At this time, that's the last item on today's agenda. We are adjourned at 11:44 a.m. There being no further business, Chair Hustace adjourned the meeting at 11:44 a.m. r. J es E. Hustace, Chair icy Committee on Public Works, and Mass Transit JEH/dt 4/Is/z-6 (Date) Page 9