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HomeMy WebLinkAboutREP PWPC 120 08/18/1998 1996-1998 REPORT OF THE COMMITTEE ON PUBLIC WORKS AND PARKS DATE: August 1s, 1998 RE: COMM. NO. 230 /BILL NO. 68 PLACE: Councilroom TIME: 9:00 a.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Public Works and Parks, to which was referred Communication No. 230, and attached Bill No. 68, reports as follows: The purpose of Bill No. 68 is to amend Traffic Code relating to vehicles and traffic extending the Statewide Traffic Code to certain private streets. Communication No. 230 is from Donna Fay K. Kiyosaki, Chief Engineer, dated March 27, 1997, transmitting a bill to amend Chapter 24, Hawaii County Code, relating to vehicles and traffic extending the Statewide Traffic Code to certain private streets. Ms. Kiyosaki states that this amendment authorizes the owner(s) of the private streets and/or roads to place and maintain official traffic control devices on their private roads. On April l5, 1997 and June 30, 1997, Your Committee discussed Bill No. 68, but deferred it pending statutory research of Act 173 and further amendments to the bill. Communication No. 230.02 is Crom Leslie Chow, Fiscal/Program Review Auditor, dated July 22, 1998, transmitting Bill 68, Draft 2 and submitting per the request of Your Committee a brief regarding the purpose and history of Bil] No. 68. Also submitted was Bill No. 68, Draft 2, which seeks to clarify the relevant County law to promote its implementation and consistency with State law. Among the changes from Bill No. 68 to its Draft 2 include: 1. Added exception re: streets used primarily for actual aln'icultural and ranching purposes. Added term "actual" to clarify that this exception is intended to apply to streets that are used for actual agricultural and ranching use rather than streets that are primarily used for residential purposes but located withi? agricultural zoned areas. 2. Divided subsection into separate paragraphs, i.e. public streets, private streets, and special parking stalls - to promote clarity. 3. Added streets which are intended for dedication to the public use as provided in Section 264-1, Hawaii Revised Statute, and are open for public travel, but have not yet been accepted by the County as a category of private streets, subject to regulation. 4. Added language stating that the County shall not be responsible for maintenance and repair of private streets when it imposes traffic regulations. 5. Added language stating that no adverse or prescriptive rights shall accrue to the public when the County imposes traffic regulations. 6. Amended definition of official traffic control device to include signs, etc. placed or erected with consent of a public body. 7. Amended section relating to the installation and maintenance of traffic control devices by: establishing that chapter allows installation and maintenance of traffic control devices on publicly maintained streets and privately owned and maintained streets; adding section which authorizes and requires owners of private streets to place traffic control devices etc; clarifying that private owners will be obligated to post Committee on Public Works & Parks August 18, 1998 Page -l- and maintain traffic control devices on their private streets only upon passage of an appropriate ordinance. 8. Added language stating that the County's consent to placement of traffic control signs, etc. on private streets shall not constitute ownership or control over that street. 9. Added language-adding owner of private streets to section to clarify that it is their duty to place and maintain signs on their streets. Communication No. 230.03 is from Planning Director Virginia Goldstein, dated July 22, 1998, informing that they have reviewed Bill 68, Draft 2, and have no comments or objections to the proposed amendments. Communication No. 230.01 is from Police Chief Wayne Carvalha dated June 30, 1998, which says "the amendment will clarify the ]aw and furthers the promotion of public safety." At today's meeting, Council Member Arakaki proposed an amendment to the bill which enables the Police and the Department of Public Works to inform the Council of streets that are in such poor condition that they may not be safely traveled by police. Your Committee agreed with the concept proposed. In addition, Your Committee agreed to clarifying language proposed by Council Member Ray stating that streets in agricultural zoned areas would not necessarily be exempt from the Traffic Cade. This amendment recognized the numerous agricultural-zoned subdivisions that Act 173 was meant to assist and that the roads in these areas are used primarily by residential uses. Your Committee is in accord with the purpose and intent of Bill No. 68, as amended to Draft 3, and recommends its passage on first reading. / . r it la I ; k . AYES NOES A&E EX Respectfully submitted YAGONG X ''',,,lll^ REYNOLDS X COmtvryT"CEE ON PUBLIC WORKS & PARKS CHUNG X LEITHEAD-TODD X DOMINIC YAGON , CH RAY X SANTANGELO X PWBcPC REPO N ~ 120 sMtTH X ADOPTED: SEP 0 2 1998 A RAKAKI E.O.M. X