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HomeMy WebLinkAboutMIN AWEEMC 2019/09/03 2018-2020Committee on Agriculture, Water, Energy, and Environmental Management Stn Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 3, 2019 CALL TO The regular meeting of the Committee on Agriculture, Water, Energy, ORDER: and Environmental Management was called to order at 11:32 a.m., in the Council Chambers, Hilo, by Mr. Herbert M. "Tim" Richards, III, Chair. ROLL CALL: Present: Mr. Herbert M. "Tim" Richards, III, Chair Mr. Matt Kaneali`i-Kleinfelder, Vice Chair Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member Ms. Karen Eoff, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Ms. Rebecca Villegas, Member STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: COMMUNI- CATIONS: ORDER OF RESOLUTIONS The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. (There were none.) The Chair directed the Committee to proceed to the next order of business, Communications. (There were none.) The Chair directed the Committee to proceed to the next order of business, Order of Resolutions. (There were none.) CHR. RICHARDS: Clerk, please read in Bill 88. AWEEMC-8 September 3, 2019 BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 88: AMENDS CHAPTER 20, ARTICLE 3 (REFUSE DISPOSAL), SECTION 20-31 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE DEFINITION OF "PUBLIC PROPERTY" Amends the definition of "public property" to authorize the Department of Environmental Management to tow abandoned vehicles from property owned by the State of Hawaii and Federal government, pursuant to Section 20-38 of the Hawaii County Code. Reference: Comm. 353 Intr. by: Ms. Villegas Referred to Environmental Management Director and the Commission: July 23, 2019 (Note: There is a motion by Ms. Villegas, seconded by Mr. Richards, to recommend passage of Bill 88 on first reading.) ;and Comm. 353.1: From Environmental Management Director William A. Kucharski, dated July 25, 2019, transmitting a favorable recommendation. ;and Comm. 353.2: From Environmental Management Commission Chair Richard Bennett, Ph.D., dated July 24, 2019, transmitting the Commission's favorable recommendation CHR. RICHARDS: Thank you, Clerk. Mr. Kucharski, come to the table please. And before we get going, Ms. Villegas, if you want to make a few comments before I ask the Director to make any follow-up comments concerning going before the Environmental Management Commission. MS. VILLEGAS: Sure, thank you. First of I want to thank everybody for in my absence last time, postponing this so I could be in attendance. I'm grateful to be working with Mr. Kucharski on this bill, and just kind of a bit of clean up on something that kind of got left out in the last round is what it sounded like. But I've learned a lot in the process, so thanks for including me in this. CHR. RICHARDS: Okay, thank you, Ms. Villegas. Mr. Kucharski, could you make a few comments coming back from Environmental Management Commission, please. MR. KUCHARSKI: Yes, this bill was brought to the Environmental Management Commission, and it was passed unanimously to approve the change. One comment. What actually happened in this is that prior to the prior bill that gave us the right to Page 2 AWEEMC-8 September 3, 2019 tow from private roads, we depended on the definitions that were placed in HRS (Hawai`i Revised Statutes). In there they had no definition of public property, it being assumed that public property was property owned by public entity. When we made the changes, we put in a definition of private property to the exclusivity of county property. And this is just correcting that, sort of the oversight of failing to think of state and also federal properties. CHR. RICHARDS: Thank you, Director. Are there any other comments, or questions from the rest of the Council? Seeing none, the motion on the table is to move this to full Council with a positive recommendation. And hearing no other comments, we'll take the vote. All signify by saying "aye." Vote on Bill 88: The motion to recommend passage of Bill 88, on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Richards — 9. Noes: None. Absent: None. Excused: None. CHR. RICHARDS: Motion carries. Moves to the Council with a positive recommendation. Seeing that's the end of our agenda, may I have a motion for adjournment. ADJOURN- There being no further business, at 11:38 a.m., Mr. Kaneali`i-Kleinfelder moved to MENT: adjourn the meeting. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Committee Members Chung, David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Richards — 9. Noes: None. Absent: None. Excused: None. CHR. RICHARDS: We stand adjourned. Approyed: Mr-fYer rt M. "Tim" Richards, III, Cha (Date) Agriculfure, Water, Energy and Environment 1 Management Committee HR/rk Page 3