HomeMy WebLinkAboutREP FC 189 01/31/2012 2010-2012 REPORT OF THE
COMMITTEE ON FINANCE
DATE: January 31, 2012 Re: Comm. No. 536/Bill 171
PLACE: Council Chambers
Hilo, Hawai`i
TIME: 8:33 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Finance, to which was referred Bill 171, reports as follows:
Bill 171, transmitted by Council Vice-Chairman K. Angel Pilago, via Communication No. 536,
dated January 10, 2012, is a bill for an ordinance to amend Chapters 22 and 35 of the Hawai`i
County Code 1983 (2005 Edition, as Amended) relating to publication dispenser racks located
within established Business Improvements Districts.
The purpose of amending Chapter 22 and Chapter 35 of the Hawaii County Code is to provide
that a Business Improvement District through its District Association be allowed to install,
maintain, and manage publication dispensing devices located upon County streets and sidewalks
within an established Business Improvement District. Orderly placement and location of
publication dispensing racks would further the goal of enhancing the overall quality and
enjoyment of pedestrian pathways, and signage, and would enhance the public's experience,
enjoyment, movement, and convenience within the boundaries of an established Business
Improvement District. Additionally, this ordinance proposes that a District Association of a
Business Improvement District be authorized to levy and collect Publication Dispenser Rack
permit fees and fines associated with the issuance of permits and promulgation of rules for the
use of publication dispenser racks within an established Business Improvement District.
Mr. Pilago requested the following guests to appear before Your Committee; Corporation
Counsel Kyle Chang, Business Improvement District members; Debbie Baker and Eric Von
Platen-Luder and their attorney David Kaapu. Mr. Pilago stated the purpose of this proposed bill
and posed several questions to Corporation Counsel. Mr. Kyle Chang stated there was no
conflict in a governmental agency giving a non-profit authority to manage and levy, collect
permit fees and fines for use of publication dispensing devices located upon County streets and
sidewalks. Mr. Chang also commented that the management of County streets and sidewalks
remain under the authority of Department of Public Works.
Some members of Your Committee commented on supporting improvements and enhancing the
overall quality within the Business Improvement District; they addressed concerns as to fine
amounts, details and enforcement; and how this situation is an ideal example of public and
private partnership.
FC Report No. 189
FC-189 Page 2 January 31, 2012
Chair Ford requested Corporation Counsel Kyle Chang research the legalities on collecting fines
and provide the council with the information at its next meeting. Furthermore, Mr. Kaapu will
research remedies available to the Business District Association should publishers not want to
participate and provide that information at the next meeting. He further suggested need to
explore handling of future public and private partnerships, especially of entities that benefit from
use of County properties. Ms. Ford also requested Ms. Baker bring pictures of the publication
dispenser racks at the next meeting.
For informational purposes, Mr. Ikeda voted "kanalua"then "no".
Your Committee on Finance is in accord with the purpose and intent of Bill 171, and
recommends its passage on first reading.
dkr
AYES NOES A&E EX Respectfully submitted,
BLAS X
FORD x COMMITTEE ON FINANCE
HOFFMANN X
IKEDA X
ONISHI X 4.A."41111t-g .ickte4
PILAGO X
SMART x BRENDA FORD, CHAIR
YAGONG X FC REPORT NSJ 189
YOSHIMOTO X ADOPTED: APR 0 4 20i2