Loading...
HomeMy WebLinkAboutMIN PWPRC 2017/08/01 2016-2018Committee on Public Works and Parks and Recreation Stn Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii August 1, 2017 CALL TO The regular meeting of the Committee on Public Works and Parks and Recreation ORDER: was called to order at 1:02 p.m., in the Council Chambers, Hilo, by Ms. Jennifer Ruggles, Chair. ROLL CALL: Present: Ms. Jennifer Ruggles, Chair Ms. Maile Medeiros David, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Karen Eoff, Member Mr. Dru Mamo Kanuha, Member Ms. Susan L. K. Lee Loy, Member Ms. Eileen O'Hara, Member Mr. Herbert M. "Tim" Richards, III, Member Absent: Ms. Valerie T. Poindexter, 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 individuals registered to speak and came forward when called by the Chair: Glennon T. Gingo: Res. 246-17 (Comm. 371), in support. (representing On Target, Inc.) Christopher Bitof£ Bill 57 (Comm. 372), in support. Gary Banks: Bill 57 (Comm. 372), in support. (representing the Vacationland Hawaii Community Association, Inc.) Betty Oberman: Bill 57 (Comm. 372), in support. Alex Achmat: Res. 246-17 (Comm. 371), comment. Dale Ross: Res. 246-17 (Comm. 371), in support. PWPRC-8 Shawn Lathrop: Richard Hoeflinger: Bryan Watanabe: (representing the State Department of Public Safety) Res. 246-17 (Comm. 371), in support. Res. 246-17 (Comm. 371), in support. Res. 246-17 (Comm. 371), in support. Stephanie Donoho: Res. 246-17 (Comm. 371), comment. (representing the Kohala Coast Resort Association) Rico Reed: Bill 57 (Comm. 372), in opposition. Willie -Joe Camara: Res. 246-17 (Comm. 371), in support. (representing the Game Management Advisory Commission) Sherrie Cronkite: Res. 246-17 (Comm. 371), in support Brian Ley: Res. 246-17 (Comm. 371), in support Brian Cabreira: Res. 246-17 (Comm. 371), in support. Tom Lodge: Res. 246-17 (Comm. 371), in support. Wymund H. Wilds: Res. 246-17 (Comm. 371), in support. Nani Pogline: Res. 246-17 (Comm. 371), in support. Steven Jacquier: Bill 57 (Comm. 372); and Res. 246-17 (Comm. 371), in support. David Maysonet: Res. 246-17 (Comm. 371), in support. Ron Clark: Res. 246-17 (Comm. 371), in support. James O'Keefe: Res. 246-17 (Comm. 371), in support. Thomas S. K. Chun: Res. 246-17 (Comm. 371), in support. Brian Hunt: Res. 246-17 (Comm. 371), in support. Mathew Ua: Res. 246-17 (Comm. 371), in support. August 1, 2017 Page 2 PWPRC-8 August 1, 2017 COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 358: NOMINATION OF DALE WILSON, PH.D., TO THE VETERANS ADVISORY COMMITTEE From Mayor Harry Kim, dated July 13, 2017, submitting for the Council's review and confirmation the above nomination. Motion to Approve: Ms. Lee Loy moved to recommend confirmation of the appointment of Mr. Dale Wilson, PH.D., to the Veterans Advisory Committee. Seconded by Mr. Kanuha. CHR. RUGGLES: Go ahead, Ms. Bautista. (Note: At this time, Executive Assistant to the Mayor Rose Bautista came forward to address the members of the Committee.) MS. BAUTISTA: Good morning, Rose Bautista, Executive Assistant to the Mayor. On behalf of Mayor Kim, it's a pleasure to nominate Dale Wilson, PH.D., to the Veteran's Advisory Committee. Dr. Wilson is a retired U.S. (United States) Army Major and a Vietnam veteran who received a Combat Infantry Badge, Bronze Star, Purple Heart, and Army Commendation Medal. Dr. Wilson retired from the military after twenty-two years of service and was wounded in combat. He was assigned to various assignments in the infantry, public affairs, armored calvary, and tanks, before becoming an Assistant Professor of History at the U.S. Military Academy at West Point in New York. Dr. Wilson holds a BA degree in Business with a minor in Journalism from McKendree University, and a Masters and a PH.D., in History from Temple University. He is also a graduate of the U.S. Army Officer Candidate School. Dr. Wilson first came to Hawaii in the 70's when he was stationed at Schofield Barracks on 'O'ahu for three years. He has lived in Hawaii for the past 17 years. Dr. Wilson generously volunteers his time to many veteran organizations throughout Hawaii County. He states he is not affiliated with any political party and if confirmed, Dr. Wilson will serve a term ending December 31, 2020. Thank you. CHR. RUGGLES: Would you like to say a few words, Mr. Wilson? (Note: At this time, Nominee Dale Wilson came forward to address the members of the Committee.) MR. WILSON: Just that, I'd be happy to serve. I served on this committee back when Louie Kaiwi was the Chairman in the early 2000's, and I'm happy to do so again. Page 3 PWPRC-8 August 1, 2017 CHR. RUGGLES: Alright. Are there any questions or comments? Go ahead, Ms. Eoff. MS. EOFF: I just want to say thank you for your service; and thank you for stepping up to this Commission. CHR. RUGGLES: Mr. Richards. MR. RICHARDS: Thank you, Chair. Dr. Wilson, I also want to thank you. Given your credentials and track record, I don't think there's a more qualified person to serve on veterans affairs, so again, thank you very much. And, I was curious about the doctorate. It is history, but specific military history? MR. WILSON: Specifically, I was required to major in military history because I was teaching the history of the military art to cadets at West Point. I was the course director for the honors courses. MR. RICHARDS: Well, I think it's been said by many, if we don't study our history, we tend to repeat it, so I think that's a good representation for our Veteran's Board. Thank you very much, I'll be supporting you. CHR. RUGGLES: Go ahead, Ms. Eoff MS. EOFF: I also want to add a thank you for helping us with a bill that's coming up on this Committee in a little bit to clean up the Veteran's Advisory Commission so it functions better. I appreciate your input. MR. WILSON: Thank you. CHR. RUGGLES: Any other comments or questions? Thank you for your service, Mr. Wilson, and while this will appear before the Council again to confirm, you won't need to be present. You will not need to be here when it comes before the Council again. MR. WILSON: Thank you. CHR. RUGGLES: You're welcome. All those in favor of filing Communication 358, please say "aye." Page 4 PWPRC-8 Vote on Comm. 358: The motion to recommend confirmation of the appointment (Approved) of Dr. Dale Wilson to the Veterans Advisory Committee was carried by the following voice vote: Ayes: Committee Members David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Ruggles — 7. Noes: None. Absent: Committee Members Chung and Poindexter — 2. Excused: None. Recess: At 2:09 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 2:17 p.m. August 1, 2017 ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 246-17: SUPPORTS THE DEVELOPMENT OF A HAWAII ISLAND SHOOTING RANGE AS RECOMMENDED BY THE GAME MANAGEMENT ADVISORY COMMISSION Provides Council support for the development of an adequate, safe, and ecologically responsible public shooting facility on Hawaii Island. Reference: Comm. 371 Intr. by: Mr. Richards and Ms. Lee Loy Motion to Approve: Mr. Richards moved to recommend adoption of Res. 246-17. Seconded by Ms. Lee Loy. CHR. RUGGLES: Mr. Richards. MR. RICHARDS: Thank you, Chair. I think we've heard quite a lot of testimony concerning this and bringing forward, I am here to help facilitate something that came from constituency. Both Councilwoman Lee Loy and myself both are strong advocates for this going forward for all the reasons that have been articulated up to this point. Probably first and foremost, is safety; gun safety, teaching people responsible use, how to handle guns, it's all about safety. If we do that, I think going forward, you know what's unsafe by knowing what's safe, and I think we can save a lot of problems with accidents going forward. We've heard a lot of testimony about the growing interest, it is a family sport. I grew up and proudly do target practice like all this here. So, I would ask that my fellow Council Members support this going forward. We heard loud and clear from the constituency that this is something in the long time coming. I do want to clarify something, there is a reference that Pu`uanahulu is a selected site. Nothing has Page 5 PWPRC-8 August 1, 2017 been selected. This is just to put together a working group to come up with a recommendation to go forward, so I ask my fellow Council Members to support it. We've got a few more comments once this gets going, I yield. CHR. RUGGLES: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. As a co-sponsor to this Resolution, I am urging the rest of you to support this. You folks have heard a lot of testimony and a number of reasons why this shooting range is so important to the community. I do want to highlight three things that was mentioned through testimony and why I really signed on with this Resolution. Number one, we have a number of Boards and Commissions, and they have their missions. And, we spend a lot of time recruiting individuals to serve on these Boards and Commissions, and here we have a Commission that has put together a plan for a working group, and I think it validates their time, energy, and efforts, that's one. A few testifiers mentioned about women and how women really have risen in this industry, and I can only speak from personal experience. My son is part of an air riflery program, and I'll tell you right now, the women, the girls shoot better than the boys. Hand over fist, they have the discipline, the breathing, the focus. Some of the better boys can't even get as close as the girls, this really is a place for that sport to take the next step after they move on to high school. And, I think the simple fundamental fact of we need to provide people with a place to legally shoot. It's just that simple, if we prohibit them in other areas, we need to provide a safe and legal place for them to do it. So, I'm going to yield at this time, but do urge the rest of my colleagues to support this, thank you. CHR. RUGGLES: Ms. David, and then Ms. Eof£ MS. DAVID: Thank you for bringing this forward, Mr. Richards and Ms. Lee Loy. I think it's been a long time coming. In this day and age, we really need to be thinking about, how do we provide a safe place for our kids and for ourselves to learn the safe way of handling a firearm. Back in the day, and I know this is before Mr. Richards time, it wasI was very fortunate because I come from a family of ranchers, and so I learned how to shoot in a time where there was no close neighbors. We lived in an open area where everybody engaged. Everybody taught their kids because we had the area and everybody was doing it. So, it was a common thing to hear gun shots in your neighbor's yard, and they're learning how to shoot. I support this because I didn't realize that we never had an official area where we could actually engage in this kind of practice, and I think it really will benefit us and our kids in the long run in learning how to responsibly handle a firearm and not as a weapon. I know in this day and age, there's a blurred line about that, but I think we need to stay focused on the fact that there is good in what the intention Page 6 PWPRC-8 August 1, 2017 is of this Resolution. So, I wholeheartedly support both my colleagues' efforts. 1 have to leave in a little while, and so I just wanted to say my piece before I leave, but thank you to all the testifiers who came today because they expressed the real true reason why I think this is very important. With that, I yield, and again thank you, Ms. Lee Loy and Mr. Richards. CHR. RUGGLES: Ms. Eof£ MS. EOFF: Thank you, Madam Chair. I have a question with regards to encouraging formation of a working group, there's a very detailed list of goals for the working group which is really good, but how are we going to establish the working group? I don't see the mechanism or who or which agencies will be a part of it. Either way, if you could answer me, maybe it was stated and I didn't hear. MR. RICHARDS: First of all, I think through the Commission, we will establish a working group and invite people to the table to start the talk -story. That's the intent, to start the conversation. I think the best way to be successful is you bring everybody to the table early, and we articulate what our expectations are, and that will start the process. And then, we as a Council can facilitate that going forward. MS. EOFF: So the Game Management Advisory Commission would start the conversation, but not necessarily be the working group? They would just facilitate putting one together? MR. RICHARDS: That's correct. The way I see it—yes, start the conversation but not be the working group in itself because we got to get all the stakeholders to the table. CHR. RUGGLES: Are you finished, Ms. Eoff? MS. EOFF: Well, if Ms. Lee Loy has something do add, just trying to understand how that would go forward. MS. LEE LOY: If you just look at the title, it really is the recommendations by the Game Management Advisory Commission. So, just like any other board or commission, the Planning Commission being one, we put this down on them and have them work it out like Mr. Richards said. Hammer out all the details, come up with a recommendation, and they really become that body to vet and filter out. I heard today a number of opportunities for them to explore as far as a shooting range, and I also heard a number of opportunities for them to have individuals to help manage whatever particular facility is identified, move forward and minimizing costs. Volunteering time, they're ready. I clearly got that message today, they're ready. They're biting at the bit to make something happen, and this really just becomes jet fuel for them to make something happen. Page 7 PWPRC-8 August 1, 2017 MS. EOFF: Thank you, I think that sounds like a really good plan. CHR. RUGGLES: Mr. Richards. MR. RICHARDS: Thank you, and just to add onto that as Councilmen introducing this, I will volunteer to help facilitate this, and I will also volunteer Councilwoman Lee Loy. Normally, we volunteer fellow Council Members when they are not in the room so they don't realize it's being done to them, but I'm doing this in front of her face so she knows she's part of the thing. But all kidding aside, we'll be working with the Commission and facilitate this to bring it forward, not put it on the back burner. If I may continue, Chair, for a few things. First of all, I don't want to invalidate a concern that was raised out of North Kohala about safety. I am keenly aware, and I think everybody here who are so supportive of this are very concerned about safety. And, that's what primarily this is about. Yes, it's about recreational use, yes it's about training, yes it's about law enforcement and finding a place for them to qualify, buts it's also very much about safety. And so again, we are mindful of that. So, I didn't want to invalidate that, I didn't want to ignore that. Now in the spirit of accuracy, I would like to offer an amendment to this, it's Communication 371. 1, you just received it. So Chair, I can move to offer this amendment. Motion to Amend: Mr. Richards moved to amend Res. 246-17 with the contents of Comm. 371.1. Seconded by Ms. Lee Loy. MR. RICHARDS: Just a clarification, if we look at the bill as it's written, it's the first two whereas's. This was information we obtained and I just wanted to validate it just to make sure and being as accurate as we can. There's an estimated 1.2 million firearms within the State of Hawaii, and we had some verbiage in there that said "registered," and there's a little bit of inconsistency in the numbers. However, in the second whereas, there is an estimate by population analysis that we have approximately 250,000 firearms within the County of Hawaii. And so, I wanted to be completely accurate when putting together this resolution coming forward, and it's just a clarification of those numbers. It doesn't change the intent, we still need the firing range for the safety reasons, and that is why we're bringing this forward. CHR. RUGGLES: Thank you. Mr. Kanuha. MR. KANUHA: Just in terms of that estimate, who provides that estimate? MR. RICHARDS: These numbers did come out of the Game Management Commission as far as the estimate, and I have the gentlemen's name. Page 8 PWPRC-8 August 1, 2017 MS. LEE LOY: This came from Richard Hoeflinger, he was one of the testifiers today. He provided an analysis regarding the Hawaii County firearm acquisition and shooting opportunities, and the information he provided in that analysis is how that number was derived. Again, like Mr. Richards said, it was more of an extrapolation of the total in the State, and then breaking it down to the counties. However, this amendment really just clarifies the language and still does not change the intent that this is an opportunity for the Game Management Commission to start the working group, to start identifying a shooting area for Hawaii County. CHR. RUGGLES: Thanks for the clarification. Anyone else on the amendment? All those in favor of amending Resolution 246-17 with Communication 371.1, please say "aye." Vote on Motion The motion to amend Res. 246-17 with the contents of to Amend: Comm. 371.1 was carried by the following voice vote: (Approved) Ayes: Committee Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Ruggles — 8. Noes: None. Absent: Committee Member Poindexter —1. Excused: None. CHR. RUGGLES: Back on the main motion, anymore discussion? Mr. Kanuha. MR. KANUHA: I'm completely in favor of this. I definitely will look further into the history about what happened with Pu`uanahulu and the State. I know there's a lot of things that's going to work out for this, who's going to be the identified facility developer and operational entities. But, is this intended to be a County facility, or we don't know yet? Are you guys going to formulate that within the working group? Got it. And second, how come the Game Management Advisory Commission didn't form this committee already? Did they need a Resolution to do this, or they just said we would like the Council support so that we can do this? You didn't need the Council support though to already do this, correct? MS. LEELOY: I think it just puts more emphasis. They've identified this as one of their major goals in the Commission, and this just helps provide them that support to continue the conversation. There's other conversations that they're having down at the Game Management Commission. But, they identified a shooting range here in Hawaii County as their priority. MR. KANUHA: They definitely have my support, and you have my support as well in moving forward with this because I thinks it's desperately needed on Page 9 PWPRC-8 August 1, 2017 Hawaii Island. Like one of the testifiers said, not only look for development of possibly one, but if there's a possibility for two. You guys will work through that, so I support that. MR. RICHARDS: Just a quick comment. This sets the stage to have all these conversations and bring it forward. As Councilwoman Lee Loy said, it gives it the horsepower to actually move the agenda forward and try to figure this thing out. I would ask if there be no preconceived concepts of how this is going to be. I think the initial talk story is we figure out what is going to be the best thing for the County and for the people this is going to service. And with that, we'll dictate the direction we start going. So, hope that answers the questions for the fellow Council Members. CHR. RUGGLES: Anyone else? Seeing or hearing no discussion, all those in favor of Resolution 246-17, please say "aye." Vote on Res. 246-17: The motion to recommend adoption of Res. 246-17, as Draft 2 amended to Draft 2, was carried by the following voice (Approved) vote: Ayes: Committee Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Ruggles — 8. Noes: None. Absent: Committee Member Poindexter —1. Excused: None. CHR. RUGGLES: Resolution 249-17, Mr. Clerk. Res. 249-17: ACCEPTS THE DEDICATION OF ROADWAY LOT 22, IDENTIFIED AS TAX MAP KEY: 2-7-040:009 (POR.), SITUATED AT PAUKAA, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII FROM RJL_ LLC. A HAWAII LIMITED LIABILITY COMPANY The roadway lot would be used for public road purposes Reference: Comm. 376 Intr. by: Ms. Ruggles (B/R) Page 10 PWPRC-8 Vote on Res. 249-17 (Approved) BILLS FOR ORDINANCES: August 1, 2017 Ms. David moved to recommend adoption of Res. 249-17. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Ruggles — 8. Noes: None. Absent: Committee Member Poindexter —1. Excused: None. The Chair directed the Committee to proceed to the next order of business, Bills for Ordinances. Bill 54: AMENDS CHAPTER 15, ARTICLE 7 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE VETERANS ADVISORY COMMITTEE Removes inactive veterans organizations, adds two new veterans organizations, and reduces the required number of at -large members from three to one. Reference: Comm. 361 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to recommend passage of Bill 54 on first reading. Seconded by Ms. Lee Loy. CHR. RUGGLES: Ms. Eoff MS. EOFF: Thank you very much. As you know, a couple meetings ago in Kona, it was relayed to us that the Veterans Advisory Committee was having trouble meeting quorum. Basically because, a lot of the organizations that are required to be part of the membership were no longer active. So, we weren't able to have representatives be at the meetings. So, thanks to my staff, she worked closely with several of the veterans organizations and also vetted it with Corporation Counsel. We're removing those organizations that no longer exist and changing the ordinance, cleaning it up so that it adds two new active organizations and removes five inactive organizations. It also removes two at -large members. I think that's about all the changes that are here, so this should make it a little more manageable for the Veterans Advisory Commission. I don't know if anyone has any questions, but I would urge us to support this so that the Commission can move forward. I should add that the total number would be reduced then from sixteen to twelve. It's twelve with two at -large. There's fourteen members who have to be appointed by the Mayor and confirmed by the Council, and then in Page 11 PWPRC-8 August 1, 2017 addition, there are I believe two at -large. You know what, I have an amendment, I don't see it here. We're looking at the original bill but I'm sorry because there is an amendment. MR. MAEDA: You want to take a quick recess? MS. EOFF: Yes. CHR. RUGGLES: Okay, we'll take a quick five minute recess. Recess: At 2:19 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 2:47 p.m. Motion to Amend: Ms. Eoff moved to amend Bill 54 with the contents of Comm. 361.1. Seconded by Ms. Lee Loy. MS. EOFF: To explain this amendment, this Committee will actually have 14 total members, however if you read the change in this opening statement, it says that the Committee shall be composed of 12 members. Those 12 are appointed by the Mayor and confirmed by the Council. Then in addition, the Hawaii Island Veterans Services Counselor of the Office of Veteran Services and the Director of Department of Parks and Recreation, or their designated representative, shall service ex -officio members without the power to vote. So, there's actually 14 total, 12 are members who are voting members and they are the ones that are confirmed by the Council. So we cleaned it up after much going back and forth, but I guess first we should approve the amendment. CHR. RUGGLES: Any more discussion on the amendment? Seeing or hearing none, all those in favor please say "aye." Vote on Motion The motion to amend Bill 54 with the contents of to Amend: Comm. 361.1 was carried by the following voice vote: (Approved) Ayes: Committee Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Ruggles — 8. Noes: None. Absent: Committee Member Poindexter —1. Excused: None. CHR. RUGGLES: Back to Bill 54 as amended. Page 12 PWPRC-8 August 1, 2017 MS. EOFF: Thank you. The rest of the bill is the same, it just crosses out some of the organizations and adds in two new ones. That should explain it better, thank you. CHR. RUGGLES: Thank you. Mr. Richards. MR. RICHARDS: Just a quick comment, I appreciate Councilwoman Eoff bringing this forward and making it functional by cleaning up some of the problems. I can imagine that the 442nd Veterans group, just by natural attrition is fading away. So, it makes sense taking this time and I will be supporting this, I yield. CHR. RUGGLES: Seeing or hearing no more discussion, all those in favor of Bill 54 as amended, please say "aye." Vote on Bill 54: The motion to recommend passage of Bill 54, as amended Draft 2 to Draft 2, on first reading was carried by the following (Approved) voice vote: Ayes: Committee Members Chung, David, Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Ruggles — 8. Noes: None. Absent: Committee Member Poindexter —1. Excused: None. Bill 57: AMENDS CHAPTER 24, ARTICLE 11, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING NEW DIVISIONS AND ESTABLISHING A NO PARKING ZONE ON WAIOPAE ROAD Establishes a new section in the County Code to prohibit parking at anytime on certain private streets, and adds a portion of Wai`opae Road, as located in Puna, to this new section. Reference: Comm. 372 Intr. by: Ms. O'Hara Motion to Approve: Ms. O'Hara moved to recommend passage of Bill 57 on first reading. Seconded by Mr. Richards. CHR. RUGGLES: Just let the record show that Ms. David has left us temporarily and she is excused, and she'll be back shortly. Go ahead, Ms. O'Hara. MS. O'HARA: Thank you, Chair. This Bill came about when I attended the Annual Membership Meeting of the Vacationland Subdivision. And in their report, the CPO's, the Community Policing Officers for that area indicated that Page 13 PWPRC-8 August 1, 2017 they were unable to enforce and give out citations for the "No Parking" signs that are erected on Wai`opae Road. These signs are up because over the last few years, the community has worked very hard to establish a gateless but somewhat controlled access situation for preserving the Wai`opae Ponds, which is the home to a very unique coral garden and very special resource for all of Hawaii and especially for those of us in East Hawaii. And, what they've done is create a parking area out by the mailboxes on Kapoho Kai Boulevard or Avenue or whatever, and therefore they're discouraging parking along Wai`opae Road, which abuts the ponds and is often sometimes under water. You've received a Communication from Vacationland Hawaii Community Association which might have gotten lost in that big file of pinkies this morning which were for the shooting range. But, at the very back of it, I found this, and it is from the Association. The Board approved this effort and you've gotten a Communication from their secretary, Tiffany Edwards Hunt, supporting Bill 57, along with it, some photographs of people walking through the subdivision. And, as we've heard from other testifiers, dozens and dozens of people come to experience the Wai`opae Pond. And if they can park safely at the parking area, they can read the educational boards that are maintained there. They can even make donations to keep those boards nice. Those boards tell them how to use the ponds without damaging the resource, what appropriate types of sunscreens should be used there, not to create damage to the environment and to the coral. So, these are really important educational boards that the public is able to see when they park in the parking area. It's less than a mile to the actual ponds from the parking area. People can be transported if they are handicapped to the area, dropped off and people can come back and park in the public parking area. So that's what the community has created in conjunction with the State, the County, and they're doing a really great job of managing a very precious resources. So I wanted to support them and give the officers the ability to enforce on these signs. In this effort, I had to call upon our traffic engineer, Mr. Thiel is here today. He might need to come forward because I probably have a question or two that he can respond to. But, the reason I say this is when I went to make this modification to the Code, I found that our Code is not up to date in any way, shape or form. Not only for private streets, but also for public streets. The Code goes back to 1983, and Mr. Thiel informed me that when he arrived, I believe it was around 2005 or 2006 when he started working for the County, he was asked to update it. When he realized what an immense piece of work that was, he went back to the head of Public Works and explained what needed to be done. So it's never been updated, so we have a bit of a situation. Right now, the officers on the street when they're looking to cite a traffic sign, stop sign, parking sign, speed zone sign, they look on the back of the sign to see if there's a sticker. The Page 14 PWPRC-8 August 1, 2017 sticker that Traffic Division puts on there is an installation date so that they know when to replace the sign. It doesn't have any legal enforcement, but that is what the officers are using and apparently the courts have adopted a system, kind of through precedence, of possibly throwing out citations if there is no sticker on the back of the sign. So, we have a very interesting situation with that portion of the Code, and I think I would like to work in the long term with the Traffic Division. I ask just for another minute to finish up, to work with the Traffic Division to find a remedy to this problem. Other jurisdictions do it differently, they place the enforcement of street signage based on a list maintained by the head traffic engineer of the jurisdiction of the County. This could be something that we look at doing here, it would very much vastly simplify the process that we're currently using which is archaic and not really working for us. So, that's the background of all of this that I wasn't aware of when I went to simply make the "No Parking" signs enforceable. I'm asking for support on that, we've heard from members of the community that are supporting this, and I'll yield at this time. Thank you. CHR. RUGGLES: Anyone else? Ms. Lee Loy. MS. LEE LOY: Thank you. This community is very close to the shoreline and I couldn't help but think in my Planner hat for a minute and recognize that this is our coastal lands and within an SMA (Special Management Area). And so, I just wanted to understand a little bit better some of the ramifications of adding—and I know it's just parking signs, which helps the community and protect that area a little bit more, but I just also recognized that that shoreline has a layer of other regulatory protections under the SMA. And I was hoping if I could ask April Suprenant, who's here, and maybe Bethany Morrison, who's one of our Planners, to help me just think through some of this. (Note: At this time, Planners April Suprenant and Bethany Morrison came forward to address the members of the Committee.) MS. SUPRENANT: Aloha, my name is April Suprenant, I'm with the Planning Department. MS. MORRISON: Good afternoon, Bethany Morrison, Long Range Planner. MS. LEE LOY: Thank you, April and Bethany, for being here. I understand that this area has been designated by DLNR (Department of Land and Natural Resources) and has some conservation uses down there. Is that something that's gone through the process with the Planning Department? Page 15 PWPRC-8 August 1, 2017 MS. MORRISON: It was designated as a marine life conservation area, I think that happened in 2003, and that was through the State Department of Land and Natural Resources. MS. LEE LOY: The subdivision itself, did that receive, or the properties along the shoreline, all of the appropriate special permits? What I'm going to do is kind of get to the area of the parking and just understand a little bit better about some of the uses that are permitted or prohibited in that area, if you guys could help me with that. MS. SUPRENANT: The subdivision I think was in place prior to SMA law, but any development that has taken place since SMA law should be reviewed by the Planning Department and SMA regulations. What we're not currently—what we don't know is the existing signs, where they're located and if they're part of the current—would be considered part of the SMA permit, or if they are existing signs perhaps in places that were not identified in the existing permit, so that is something that would need to be identified. MS. LEE LOY: Are there other activities permitted besides signage down in that area? Because I understand that there's an area mauka of the ponds or the tide pools where they allow for parking, and then these educational signages to teach about the ponds. But now we're getting a little bit more makai and just adjacent to the ponds. Do we know what types of activities are permitted or not permitted? MS. SUPRENANT: So, the public access is permitted. There is parking in a couple of locations on the makai side that are permitted. I know in one place, six parking spaces are allowed for that it notes, and then another place that it notes 14 spaces for public access. MS. MORRISON: Just to add on to that, that included signage and landscaping improvements too. MS. LEE LOY: So with the proposal under Bill 57, are we in compliance with prohibiting parking, or would this require more dialog between the Association and property owners at the Wai`opae area with the Planning Department? Or can we adopt what has been put forward from Ms. O'Hara to help the community? I mean, we all want to help the community, but we also want to do it in a meaningful way that's properly vetted. So, I just want to be sure that whatever we're doing here, we're not running afoul to some other existing regulatory permits. MS. SUPRENANT: Well, currently the permit allows for parking along Wai`opae, so the ordinance would be contrary to that. So in that case, the SMA permit would have to be amended. Which comes first is not for me to decide. Page 16 PWPRC-8 August 1, 2017 MS. LEE LOY: Just real quick, thumbnail sketch of what it would take for the Association or the permit holder, and can you help me with the SMA number? MS. SUPRENANT: It's SMA 06-29. So it's from 2006, Permit Number 29. MS. LEE LOY: Yes, just a real thumbnail sketch of what it would take for the Association to modify the conditions under this SMA 06-29. MS. SUPRENANT: Well, they're the ones that submitted the application originally, which I think it goes—does it start in 2006 or did it go back to 2003? I think this was 2006, yeah. So they would need to come back with their proposal for their changes. They should review their current permit, and what those conditions are, and then come back for the amendments. So, if they're wanting to get rid of all this parking and then add the signs, they would need to come up with a site plan that shows what they're removing and what they're putting in, so that can be reviewed. And, it will also be reviewed from a public access standpoint. MS. LEE LOY: And then, for the public access, they're required to provide a certain number of parking stalls? MS. SUPRENANT: Yes. Right now, the permit calls for 20 stalls for public access. MS. LEE LOY: Okay. Alright, I'm going to yield right now because I just need to think for a second. Thank you, I yield. MS. O'HARA: Thank you for asking those questions, Ms. Lee Loy. This has been an evolving situation, and the SMA permit currently doesn't even recognize the new public parking area, which is also in the SMA. So, it's up to the Association to send in the request for those revisions, letting them know what's on the ground now, and what they support. And, the Association is in support of this, I mean we have a letter from their Board, and we've heard from several members of the community who aren't on the Board, that they do support this action. So, it's simply them communicating with the Planning Department to ask for that amendment, and not a big deal, and I've already committed to letting their secretary know that that needs to happen if this moves forward. Thank you. CHR. RUGGLES: Anyone else? Okay, well I do. Did you want to speak again? MS. O'HARA: I did want to pursueI would like Mr. Thiel to come forward and explain a little bit more, because I think that the Council really needs to understand what I'm trying to say here about our traffic sign code and the inability to enforce. And, I went after this in a way to make the existing signage, which complies with the County sign laws, enforceable because I was told that the officers could not cite it. So, I want the Council to understand that we do have an Page 17 PWPRC-8 August 1, 2017 issue here, and as a result, speeding tickets are being thrown out of court, and so on and so forth. So, we need to understand the issue at hand related to our traffic signage, and I was hoping that Mr. Thiel could come forward and just explain it a little better. Thank you. (Note: At this time, Traffic Division Chief Ron Thiel came forward to address the members of the Committee.) MS. O'HARA: So, Mr. Thiel, you heard me kind of try to summarize to the best of my ability what the situation currently is, and if you can clarify that any further, I'd appreciate it. Thank you. MR. THIEL: My name is Ron Thiel, Chief of the Traffic Division since June 16, 2005. I think you did a wonderful job of throwing a problem out. The first I became aware of the situation about signage and enforcement, I had an attorney come to my office when the State was improving the first section of Saddle Road. And, the attorney wanted me to be aware of how our Code is being enforced, and how the speeding limits are being enforced on this island. So, if a person gets a ticket for more than 26 miles an hour over the posted speed, it's a very serious ticket and they generally will bring in an attorney to help them out. This attorney said, the first thing he does is he goes out and he sees the sign. This is for speeding, he sees the sign in the area where the speeding ticket was given and he takes a picture of the back side of the sign. And, there will be either a State sticker, which is a very definite sticker saying State of Hawaii, or there will be an installation sticker from the County. If it's a State sticker, he goes to the State district engineer and asks them to show him the list of official signs. They'll go to their files of each project that they have and will show the signs that they installed that's part of their official signs. If it's a County sticker, he will look at the County Code and see if that—whatever that is, that speed limit is listed in the County Code. In this particular case, the contractor had removed all the signs. This area on Saddle Road was owned by other departments of the State but maintained by the County. The contractor removed all the signs from the road and put up their own signs. There were no stickers on the back because it was contractor -installed, it wasn't turned over to the State yet. County wasn't maintaining it and so there were no stickers on the back so he was able to get the speeding ticket thrown out. And, that's pretty much done by the State and by the County Police Department and in any area where there is enforcement. So private roads, private subdivisions are very scarcely represented in the ordinance, and there's very little next to none reference to any private road requirements, like speed limits, parking, or anything like that. Page 18 PWPRC-8 August 1, 2017 In addition to that, the Code has not been upgraded throughout the years. When new subdivisions come in, the Code requires every traffic control device that is regulatory to be included. No Parking, parking limits, speed limits, and every stop sign has to be identified in the Code. I was approached by Bruce McClure, the Director several years ago, telling him how close our Code was to being perfect, and it was asked if I could update everything. And I said that would be a chore, which would take many many people, many many years to do, because everyone has to come through this County Council as an amendment. So, I was instructed at that time to try to keep it current from that time forward, so you've been seeing 15-20 amendments a year. Everything that we identify, you've been seeing amendments where there's a problem with the Code. The signs out there are not in the Code, or what's in the Code is not out there, and vice versa. We've been trying to keep it current from that time forward, but I have no idea exactly how far off it is. I don't even want to make a guess at how many—what percentage is not included in it but that's the issue we run into and I was asked by a Council Member about what options do we have. This County and this type of requirement you have for traffic control devices is very rare across the United States. Other jurisdictions identify a traffic engineer, and they put the traffic engineer in charge of keeping track of all of the regulatory signs. Now, I understand why, as far as I can figure out why this is done this way, by going through this amendment process, there are three public hearings that the public can weigh in on before there's any change. And, I know this particular County and the State likes to be notified of any type of a change, so I think that was what started this whole process long time ago. What I've done since I've been here was try to work with each Council Member in the district where we are changing the signs, and try to get input before we start because as you know, I don't like to bring controversial items to you. But, that's the thumbnail sketch. MS. O'HARA: I appreciate that, so if we were to pass this ordinance eventually, would you need to provide a couple stickers for these two signs? Because ultimately, we're seeking enforcement. MR. THIEL: A candid answer? Bear in mind, we don't put a County sticker on it, we put an installation date. And, it would be interesting to see how their police would respond to the installation date sticker on a private road sign. MS. O'HARA: Has that not occurred in any of the other private subdivision roads, like Paradise Park? MR. THIEL: Now, anything I say from here on forward is going to intimidate many. Page 19 PWPRC-8 August 1, 2017 MS. O'HARA: Okay, no I'm not sure which is the problem, the current practice by law enforcement in the courts, or you know the Code. Where do we start with correction? MR. THIEL: Well, to explain the Police's position on this, they want to know if that's an official sign. MS. O'HARA: Right. MR. THIEL: And, I understand why they would do that, because there are a lot of signs that are just not official. Now, when you get to a private subdivision, I think we need to work out something with the Police where they can be assured that the association authorized that sign. In this case, that sign isn't going to be included in the Code until we go through the amendment process, so I would think that they should be honoring an installation sticker. But, that should be worked out with the Police Department. MS. O'HARA: Okay, thank you. And, we do have a lot of private roads in my subdivision and almost none of them are codified. There's speed limit signs in Paradise Park and a few stop signs that are codified in Nanawale, none of the other private streets in my subdivision appear in the Code, Article 11, Private Streets. So, we're pretty deficient and I'm just wondering if there is some kind of blanket way to make the catch up, rather than trying to go line by line by line to add every stop sign in Paradise Park, for instance. It's a huge endeavor. MR. THIEL: I would be open to hearing of a blanket solution. I haven't come up with one yet myself, other than what I said, just make the traffic engineer in charge of everything, but even so, they still ask to have a list. I would suggest maybe a little bit of research through other jurisdictions on how they do this and try to get Corporation Counsel on the same page. MS. O'HARA: Okay, I appreciate that. I just see we have a bit of work before us because it's somewhere where we haven't kept the Code up to date, and it does present problems with enforcement. Thank you, Ron. CHR. RUGGLES: Ms. Eof£ MS. EOFF: Thank you. I just wanted to say it's really nice to see you back at work and I appreciate what you've explained and enlightening us. So, Ms. O'Hara is bringing up or exposing a problem, and I'm not sure if we have the solution yet because there's a couple of things that need working out in here. Not only whether the SMA permit should be amended first or no need, I don't know, that was just another conflict that may Page 20 PWPRC-8 August 1, 2017 MS. O'HARA: It's a conflict that already existed even if this hadn't come forward, the SMA permit does not reflect the current parking situation in this subdivision. So, it's something that they need to correct, and now if this change is made, then they can correct it and keep that in line with it. But, it's not something that has to come first. MS. EOFF: Would you be willing to hold this here for more discussion with Corporation Counsel, or you don't feel that that's necessary? MS. O'HARA: I'm not so sure that it does, Ms. Eoff, because they can work this out with Planning, and Planning is happy to work with them. It is a pretty cohesive and rather small subdivision, and they have the expertise within their Board to handle and update their SMA permit once they decide how they want to arrange the parking. MS. EOFF: And the other issue Mr. Thiel is raising is something that we can MS. O'HARA: That's a big issue that we need to tackle in another way, but it doesn't reflect this bill. It's just I wanted the Council to be aware of that deficiency in the Code because we probably need to come with a fix for this at some point. Thank you. MS. EOFF: Thank you. I appreciate the effort, both of you. MR. THIEL: I'd like to make one more comment on this. I've been very aware of the gap, but I haven't seen any problems coming out of that gap of the missing ordinances. The only time I saw a problem was when we weren't any part of it because that was a State project. But, the fact that I know about it, I'm glad for the opportunity to bring this forward and explain it to you, and be willing to work more. And I think it would behoove me to make contact with Corporation Counsel and discuss this even further, because there are different opinions on the State law and the County law as far as the enforcement. Maybe, there could be another solution that I'm not aware of right now, I will pursue that. MS. EOFF: Thank you very much. CHR. RUGGLES: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. I think we have two issues here. One is the parking and the enforcement of parking, which is a whole other animal. But, this bill is addressing, and if I'm reading the title correctly, it's the establishment of "No Parking" zone on Wai`opae Road, which is covered, my understanding, through the Planning Department under an SMA. I heard Ms. O'Hara mention that it doesn't matter, but the SMA permit clearly identified six parking stalls and Page 21 PWPRC-8 August 1, 2017 fourteen others. And, is what Ms. O'Hara is saying that the parking stalls located in the area hasn't been shown? Or isn't available? MS. O'HARA: Well, maybe April can come forward, but I think what I understood talking to Planning before the meeting got started was that the existing public parking area, which just got formulized in 2014, I'm going to say or something like that, isn't showing on the current SMA, which was led in 2006. So, they need to go forward to update anyway regardless of what's going on with the "No Parking" zone, or the parking signs. They need to move forward to update anyway, is that correct? MS. SUPRENANT: That is correct, but I think maybe the point is that the current permit allows for parking in those places on Wai`opae. So, by passing the ordinance before amending the permit, they're in direct conflict with one another. Again, I'm not an attorney, so I would defer to Corporation Counsel or another. So if you pass it, and it says "No Parking," yeah, the permit requires parking. MS. O'HARA: Okay, so you would suggest maybe tabling it until we talk with the community association and decide if they want to move forward with the modifications to the permit first, and then we can move forward with this. MS. SUPRENANT: It might be a smoother process, but again that's— MS. O'HARA: Okay, thank you for the clarification. MS. LEE LOY: My understanding of an SMA permit is to assess the impacts, whether it's parking or not providing parking, and that analysis lays with the Planning Department. The SMA permit itself, there are requirements, so I'm having a lot of concern about these things being in conflict. And, what I heard Ms. Suprenant say is that this will make it go smoother if they can iron out whether or not there should be parking, or where the parking should be provided to be in compliance with their SMA, and then move forward with prohibiting parking. Because of maybe environmental changes down in the area, maybe it might be a natural thing to prohibit the parking where this wouldn't be required either. So, I'm going to not support this at this time. I think there's still a little bit more due diligence and investigation that has to happen between the association and the Planning Department. There's other things in that SMA permit I'm assuming that you know they would have to ensure with the Planning Department is being appropriately done. I want to support the community, I almost feel that if we go through this SMA process, the environmental impacts might dictate that there should be a prohibition of parking over there, just because of the water, I don't know and we won't have to do this. But, that's where I stand. Page 22 PWPRC-8 August 1, 2017 CHR. RUGGLES: Thank you. Mr. Kanuha. MR. KANUHA: Just figuring out the process of amending an SMA, how do you go through that process? Do you have to take it back to the Commission for them to move forward with that amendment, or does it go straight to the Planning Department for them to amend? MS. SUPRENANT: In this particular case, it's a minor permit, so it would go to the Department. MR. KANUHA: I'm not going to go further on this, because I think it definitely needs some time to go through that process, but I definitely have questions about private subdivisions and enforcement on those roads, especially if we are putting up "No Parking" signs, if that's even enforceable, so I can talk about that later on. CHR. RUGGLES: Mr. Richards. MR. RICHARDS: So let's talk about this at some point, because I'm listening very carefully about the "No Parking" signs, and I've worked with Mr. Thiel on something very similar to what we're talking about. So I think we all have probably the same issues in our different districts, I'm willing to have this conversation recently soon. CHR. RUGGLES: Ms. O'Hara. MS. O'HARA: I'm happy to withdraw my motion to approve and move to postpone to the call of the Chair if I can get a second. Withdraw Motion MS. O'HARA: I'm happy to withdraw my motion to approve and move to to Approve Bill 57: postpone to the call of the Chair if I can get a second. Motion to Postpone: Ms. O'Hara moved to postpone Bill 57 to the call of the Chair. Seconded by Ms. Lee Loy. CHR. RUGGLES: Ms. Lee Loy. MS. LEE LOY: Thank you, Ms. O'Hara. I think there's going to be layers about this "No Parking" in private subdivisions. We just have an extenuating layer with the SMA down in this area. We may have other private subdivisions that don't have this additional regulatory permit, and we could actually go through those a whole lot quicker. I think this one is just a little unique and just needs a little bit more attention, so I appreciate the defer to the call of the Chair, and I really want to revisit this as soon as we can to iron the other stuff out. CHR. RUGGLES: Mr. Kanuha. Page 23 PWPRC-8 August 1, 2017 MR. KANUHA: I also support the postponement, and I want to be able to support Ms. O'Hara and her community in doing this, so we want to make sure that it's all perfect, and it doesn't—not a regional effect on something minor that we're trying to do here. So, I just want to make sure that all the T's are crossed and all that stuff I support that. CHR. RUGGLES: Any other discussion? Okay, well I will also be supporting the postponement, and also one of the reasons I'm happy for this is when I first saw this bill, I reached out to the community. I made a post on Facebook, I have a lot of followers in Puna, and I got about 150 comments on it, because it's a very sensitive issue when it comes to beach access. The comments were all over the place, some people were in favor, some were adamantly opposed. And, I think what it revealed was there's an underlying issue when it comes to public access, especially for somebody who is born and raised here. For these places, people have been going to for generations. It's really important that everything that we do is preserving that resource for the community and the access to that resource. I know that when I grew up at these tide pools, those houses were not there. Now that they are it's challenging, but we need to be able to coexist and be able to all work together to enjoy the beach and do what's best for future generations. And, what came out of the discussion on Facebook was that people were concerned about kupuna and disabled still being able to access the beach, because it's a 500 foot walk from the parking lot to the beach. One of the requests that came up, and a lot of people seem to support it, was for there to be a loading zone and one disabled parking stall. So, I just wanted to ask Ms. O'Hara, is that something that you would be willing to pursue with the association? MS. O'HARA: Well, we have to remember this is a privately held subdivision, the roads are privately held, so it is up to them. And, if they wish to create a handicap parking stall, which I think is a great idea, I don't know that you'd actually need a loading zone, because people can come and drop off somebody, or drop off their beach stuff, and go back and park in the public area. I think the community has been working very well with State and County agencies to keep this area open to the public, preserving the coral gardens, preserving the whole area without creating all kinds of use conflicts. I know it's not like it was when you were a kid, it's not like it was when I first moved here 35 years ago, that there's a whole lot more people trying to access the resource and it is very sensitive and delicate. The public needs to be aware of that, and I think the community has done a really fantastic job in promoting proper use of a very sensitive resource. So, I'd like to support them in that, whatever decision they want to do going forward. I'll go back and talk with them and see what they want to do. Page 24 PWPRC-8 Vote on Motion to Postpone: (Approved) August 1, 2017 CHR. RUGGLES: Great, I appreciate that, thank you. With that, all those in favor to postpone this to the call of the Chair, please say "aye." The motion to postpone Bill 57 to the call of the Chair was carried by the following voice vote: Ayes: Committee Members Chung, Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Ruggles — 7. Noes: None. Absent: Committee Members David and Poindexter — 2. Excused: None. Bill 58: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Schedule 3 (25 mile per hour limit) and Schedule 5 (35 mile per hour limit) Subsection (g), Puna, by increasing the speed limit on South Kopua Road from 25 to 35 miles per hour. Reference: Comm. 375 Intr. by: Ms. Ruggles (B/R) Motion to Approve: Ms. Eoff moved to recommend passage of Bill 58 on first reading. Seconded by Mr. Richards. CHR. RUGGLES: This is pretty self-explanatory. I actually want to thank the department for bringing this forward. When I went door to door in Eden Roc and in South Kopua Farmlots, this was one of the requests. So the community is behind this and I ask for your support. Is there any questions or comments? Mr. Thiel, did you want to contribute? MR. THIEL: I'd like to take this opportunity to give you a little bit of information about this amendment. The last time I counted, 15 people looked at this amendment before it got here, on an average of about $500 in County time. CHR. RUGGLES: Thank you for that background. Any comments or questions? With that, all those in favor of Bill 58, please say "aye." Page 25 PWPRC-8 August 1, 2017 Vote on Bill 58: The motion to recommend passage of Bill 58 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Ruggles—6. Noes: None. Absent: Committee Members Chung, David, and Poindexter—3. Excused: None. ADJOURN- There being no further business, at 3:35 p.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Committee Members Eoff, Kanuha, Lee Loy, O'Hara, Richards, and Chair Ruggles—6. Noes: None. Absent: Committee Members Chung, David, and Poindexter—3. Excused: None. CHR. RUGGLES: We are adjourned. Approved: JZiz - 17 Jen I ggles, Chair Date Public Works and Parks and Recreation Committee JR/hs Page 26