minutes public works committee november 27,2006 …

MINUTES

PUBLIC WORKS COMMITTEE

November 27,2006

Council Chamber, 8th floor

CONVENE: 9:07 a.m.

PRESENT: Councilmember Joseph Pontanilla, Chair Councilmember Michael J. Molina, Vice Chair Councilmember Robert Carroll, Member (out 10:52) Councilmember G. Riki Hokama, Member (in 9:21) Councilmember Danny A. Mateo, Member

STAFF: Scott Jensen, Legislative Analysts Yvette Bantilan, Committee Secretary

ADMIN.: John Buck, Deputy Director, Department of Parks and Recreation (PW-18)

Captain Milton Matsuoka, Department of Police (PW -18) Milton Arakawa, Director, Department of Public Works and

Environmental Management Brian Hashiro, Chief of Field Operations and Maintenance, Department of

Public Works and Environmental Management (PW -78) Cindy Young, Deputy Corporation Counsel, Department of Corporation

Counsel

CHAIR PONTANILLA: ... (gavel) ... Good morning. The Public Works Committee meeting is in session. Today is November the 2ih, 2006. This morning we do have Committee Members here. We do have the Vice-Chair, Member Michael Molina; from Molokai, Member Danny Mateo; from Hana, Member Robert Carroll. Excused this morning is Member Riki Hokama.

Members, we do have three items on the agenda this morning. Public Works Item 78. This is Molokai Highways Baseyard acquisition. PW -18, outdoor lighting

PUBLIC WORKS COMMITTEE MINUTES Council of the County of Maui

November 27, 2006

and the third item refers to the Council Chair for the referrals of the committee agenda for 2007 and 2009 Council.

This morning we also do have with us our legal ... and our analyst Scott Jensen, as well as our secretary Yvette Bantilan, and from the Administration we do have the Director of Public Works and Environmental Management Milton Arakawa, and from Corporation Counsel we do have Cindy Young. Members, we also do have some members of the Administration in the audience and we'll call upon them when the item comes before us.

At this time the Chair would like to call for public testimony. People that are testifying you do have three minutes, one minute to conclude. If you can state your name and the organization that you represent, we'd appreciate that. For members out in the audience, as well as our Members, if you can tum your cell phones to the silent mode or off mode.

Okay, Members, the first person to testify and the only person to wish to testify this morning is Steve Sutrov and Mr. Sutrov will be testifying on Public Works Item 18. Good morning, Mr. Sutrov .

. . . BEGIN PUBLIC TESTIMONY ...

MR. SUTROV: Good morning, Council Chair, Council. My name is Steve Sutrov and I'm here to testify on the proposed Maui County outdoor lighting ordinance bill to be adopted into ordinance hopefully today, or not today but sent to Council for adoption.

a those days

early on, being way can on been a board member of the Kula Community Association for 18 years

now, past president there also. I feel obligated because of the importance of this issue, mainly to protect rural upcountry lifestyle the way I got involved. What I see is happening is more places are becoming urbanized and the rural/agricultural areas, which many in this committee are actually from and represent, they know what it's like compared to the urban areas that we have on Maui now, Maui now. We have to protect those special areas.

Our community plan Upcountry, in Kula, Makawao, Pukalani, states that for one thing that street lights should not be required in rural/agricultural subdivisions and

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PUBLIC WORKS COMMITTEE MINUTES Council of the County ofMaui

November 27, 2006

this is done ... and that was adopted by the Council and signed by the Mayor and it's the Upcountry feeling of not wanting to put urbanized standards in rural/agricultural areas. We need separate standards there. Many neighborhoods Up country already do not have street lights. If they ... some have street lights. They don't want 'em energized and they're not energized, and it should be an option and it would be cheaper for developers to develop subdivisions without street lights especially if they're not desired and that's something that the Coun ... , ordinance has to be changed in the current County Code I believe.

But I'm concerned about the current bill. There's a couple different issues here. One is excluding the residential trespass ... outdoor lighting trespass requirement which I think is very important. It's one of the reasons I got involved with this, not that I have anything problems with my neighbors. I don't have any street lights in my neighborhood and people are very concerned about illuminating other people's yards which they should be, they're good neighbors. This is a good neighbor outdoor lighting ordinance provision that we need in here. It's encouraged people to be good neighbors and that's what it's all about. To not put that in here, you're actually supplying fuel for people being bad neighbors.

MR. JENSEN: Three minutes.

MR. SUTROV: May I come back for an additional three or ...

CHAIR PONTANILLA: Since we don't have anyone else signed up for testimony, you can go ahead and give us your next three minutes.

MR. SUTROV: All right, thank you very much.

some unaware doing Some people are definitely aware they're doing this. And what it is it's their fear I believe of needing lights on all night long. The problem is leaving the light on all night long. If you have a task light you tum on, you put out the garbage, you tum it off. If you have what you call security lighting on all night long that illuminates your whole neighborhood, I think it comes down to Daddy leaving the light on when you're, you know, when you're scared of the boogeyman in the closet. You know, this is what it's gotta come down to. People are scared. They don't realize the most urbanized areas are the most lit up areas, the most crime areas in the world. Criminals like to work by light also. They don't work in the dark. Most property crimes and ... happen during the daytime not at night.

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November 27, 2006

The best security lighting is a motion sensor light that comes on when there is activity and it's off and you are a good neighbor the rest of the evening. People have to be encouraged to do this. We need an outdoor lighting ordinance with a residential component in here to restrict light trespass in the property that is not your own. Your life should be maintained on your own property and it can be done in force during the daytime. If you can see the bare bulb from outside of the property line of somebody's house, it's not a good fixture. It's gonna be an invasive light that's gonna be ... that should be contained.

The stores they sell these fixtures readily. We have to set the tone here of what sells. They ... we should not just allow people just to buy what is down there if it's a polluting fixture. It's like people ... the whole thing about trespass and light pollution, it's like the neighbor dumping their garbage on your front lawn, it's the same thing, or burning garbage where you get the smell coming over the property lines. That's against the law, too. We have a sound ordinance. We need an outdoor lighting residential component in this. Thank you very much.

CHAIR PONTANILLA: Thank you, Mr. Sutrov. Members, any questions for the testifier this morning? If not, thank you very much.

MR. SUTROV: Thank you.

CHAIR PONTANILLA: Members, ifthere's no objection, the Chair would like to leave public testimony open for awhile.

VICE-CHAIR MOLINA: No objection.

CHAIR PONTANILLA: Okay, Members, the first item on the agenda this morning is Public Works Item 78, Molokai Highways Baseyard acquisition. This is a result of County Communication No. 06-286, transmitting a proposed resolution entitled "APPROVING THE ACQUISITION OF REAL PROPERTY SITUATED AT NAIW A, MANOWAINUI AND KAHANUI, MOLOKAI, HAWAII, FOR COUNTY HIGHWAYS BASEYARD PURPOSES". The purpose of the proposed resolution is to approve the purchase of Lots 241, 242, and 243 for the Molokai Highways Division Baseyard. At this time I'd like to call on Director Arakawa to provide us with some opening comments.

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MR. ARAKAWA: Thank you, Mr. Chair. As you've noted this item pertains to a proposed acquisition of real property in Naiwa, Molokai, for the Molokai Highways Division Baseyard. The existing baseyard is located on State land in Kaunakakai town between the Civic Center and Kaunakakai Stream. We do have a State Special Use Permit on the property and this permit expires in the year 2009.

An appropriation of $1,247,000 was included in the Fiscal Year '07 Budget for the purpose of land acquisition for a new Molokai Highways Division Baseyard. Discussions with Cooke Land Company, Inc., involved purchase of three lots within the Molokai Industrial Park. These are TMK: 5-2-31: parcel 11 comprising 54,952 square feet; TMK: 5-2-31: parcel 12 comprising 26,472 square feet; and TMK: 5-2-31: parcel 13 comprising 25,481 square feet. These three lots are contiguous lots and they total 105,905 square feet in area. An appraisal of the three properties was commissioned by the County, and the three lots were appraised at $1,181,000.

A purchase and sale agreement has been signed by the seller, Cooke Land Company, Inc., for this price. Section 3.44.015 of the Maui County Code requires County Council authorization of the purchase of real property where the purchase price exceeds $100,000. Accordingly, a proposed resolution entitled "APPROVING THE ACQUISITION OF REAL PROPERTY SITUATED AT NAIWA, MANOWAINUI, AND KAHANUI, MOLOKAI, HA WAIl FOR COUNTY HIGHWAYS BASEY ARD PURPOSES" has been prepared. And your review and approval of the proposed resolution is respectfully respected.

CHAIR PONTANILLA: Thank you, Mr. Arakawa. Members, questions for the No questions? Mateo.

MR. ARAKAWA: I have our Highways Division Chief here. My understanding is that it was for a ten-year term and it ... the ten-year term expires in 2009.

CHAIR PONTANILLA: At this time the Chair would like to call on Brian Hashiro, and Mr. Hashiro, if you can state your name and your position for the record.

MR. HASHIRO: Good morning, my name is Brian Hashiro. I'm the Chief of Field Operations and Maintenance for the Highways Division.

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November 27, 2006

COUNCILMEMBER MATEO: Good morning. Thank you very much, Mr. Hashiro. Can you provide information as to the County's use of the property and apparently it expires in 2009. Can you tell me if that was an extended date or that was part of the original date?

MR. HASHIRO: That's an extended date, yeah. The SUP was granted prior to that for about three years and then we got an extension for ten--

COUNCILMEMBER MATEO: And that continued--

MR. HASHIRO: The SUP expires January 15, 2009.

COUNCILMEMBER MATEO: Two thousand ... oh, okay, the ten-year extension was up until 2009 that is with the extension?

MR. HASHIRO: Yes.

COUNCILMEMBER MATEO: Okay. The current acreage of the current site.

MR. HASHIRO: The current ... the road maintenance side is approximately six acres.

COUNCILMEMBER MATEO: For the current site?

MR. HASHIRO: For the ... well, the site that we currently using is approximately six acres. The site that we hope to purchase is about two and a half acres.

COUNCILMEMBER MATEO: Okay, wait, wait. I think I'm a little confused with the current site. I thought the current site was just a little more one acre

Works is now.

acres.

COUNCILMEMBER Okay. Maybe sake can get that information.

MR. HASHIRO: Sure.

COUNCILMEMBER MATEO: My understanding it was fenced in one acre and we have encroached on lands outside of that site because the fenced in area for us fits just our parking equipment and tum around areas only. So I'm kind of confused about the land site, the size of the site anyhow. At this particular time prior to the extension until 2009, the State did have their plans in continuing with the

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development of their project site. Phase III of their project site included the expansion of the Kaunakakai Library as well as the district courthouse. Has there been additional pressure by the State for us to get off of this site anytime prior to 2009 in order for them to continue their Phase III development project?

MR. HASHIRO: Not that I'm aware of.

COUNCILMEMBER MATEO: Okay, thank you. Chairman, I'm done. Thank you.

CHAIR PONTANILLA: Thank you, Member Mateo. At this time the Chair would like to recognize our Council Chair Riki Hokama this morning.

COUNCILMEMBER HOKAMA: Good morning, Chairman.

CHAIR PONTANILLA: Good morning. Members, any more questions for the Public Works Department?

COUNCILMEMBER MATEO: Chairman, please, maybe one more?

CHAIR PONTANILLA: Okay, Mr. Mateo.

COUNCILMEMBER MATEO: Chairman, thank you very much. I'm sorry. The current Public Works baseyard, that also includes the Department of Water as well?

MR. HASHIRO: They have a site I believe contiguous to ours, but I'm not ... we consider ours as separate.

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correct.

CHAIR PONTANILLA: Thank you, Member Mateo. Members, anymore questions for Mr. Hashiro or Mr. Arakawa at this time? Seeing no questions, the Chair would like to recommend the adoption of the proposed resolution and the filing of the communication.

VICE-CHAIR MOLINA: So moved.

COUNCILMEMBER MATEO: Second.

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CHAIR PONTANILLA: It's been moved by Member Molina, second by Member Mateo. Members any discussion? Member Mateo.

COUNCILMEMBER MATEO: Chairman, thank: you very much. I'll be gladly supporting the recommendation on the floor, Chairman. The existing Public Works Baseyard site for us on Molokai has, you know, we've had access to this property for, for many decades, and us just being there really limits the State in being able to continue their expansion project of the State complex. As I mentioned earlier, the next phase, which is Phase III of the State complex includes the library expansion and a district courthouse for Molokai. And I just think: it's a better location is needed other than at the very entrance to Kaunakakai Town because it just is not an eye appealing site to see as one progresses through Kaunakakai, and for us to have our own home, our own location where we can provide our department adequate space to take care of their needs is more than overdue. Thank: you, Chairman.

CHAIR PONT ANILLA: Thank: you, Member Mateo. Members, any more discussion? At this time the Chair would like to call a short recess. . .. (gavel) ...

RECESS: RECONVENE:

9:26 a.m. 9:31 a.m.

CHAIR PONTANILLA: ... (gavel) ... The Public Works Committee meeting is back in session. Members, any more discussion in regards to the purchase of the properties on Molokai? If not, the Chair ... all those in favor of the motion to adopt the proposed resolution and the filing of the communication please say aye.

COUNCIL MEMBERS: Aye.

ACTION:

NOES: ABSTAIN: ABSENT: EXC.:

None. None. None. None.

MOTION CARRIED.

no IS

ADOPTION of proposed resolution; and FILING of communication.

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PW-J8

PUBLIC WORKS COMMITTEE MINUTES Council ofthe County ofMaui

November 27, 2006

OUTDOOR LIGHTING (C.c. No. 00-125)

CHAIR PONT ANILLA: Okay, Members, the next item on our agenda this morning is Public Works Item 18, outdoor lighting. This is a result of County Communication No. 00-125, transmitting a draft bill entitled "A BILL FOR AN ORDINANCE AMENDING TITLE 20, MAUl COUNTY CODE, BY ADDING A NEW CHAPTER RELATING TO OUTDOOR LIGHTING". The purpose of the draft bill is to establish outdoor lighting standards, reduce light pollution, and enhance the night sky for astronomical research, and preservation of wildlife. At this time the Chair would like to call upon Director Arakawa for some opening comments. Mr. Arakawa.

MR. ARAKAWA: Thank you, Mr. Chair. The Department of Public Works and Environmental Management presented comments to the Committee in a letter dated August 9, 2006. This was a number of comments on the proposed outdoor lighting bill which was drafted by an Ad Hoc Committee. Since that time the Council Services Staff has drafted a revised bill for the Committee to review, and a number of revisions have been made in accord with the Committee's discussions. I do have two specific suggestions or recommendations to the version of the bill which was circulated on October ... which is dated, excuse me, October 13, 2006.

First, Section 20.35.025, regarding right-of-entry, we would recommend that revised language noted in our August 9th letter be incorporated to replace the existing language. And the proposed language is in our letter, but it would read "Upon presentation of proper credentials, the administrative authority may enter, at reasonable times structure or premises to any

by representative does not enter

basic language is to ordinances which are already on the books.

The second proposed revision that I have is to Section 20.35.050, Section B, and I'd like to propose language which would be added to Section B as follows: "When plans and specifications are required for an electrical permit by Section ... " I'm sorry. " ... by Chapter 16.18A of the Maui County Code, it shall be prepared or approved by a professional engineer licensed in the electrical branch, and that the engineer include a signed statement certifying that the project outdoor lighting is in conformance with this chapter".

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And the purpose of this revision is basically to try to place more emphasis on private sector certification of the compliance as opposed to County verification. That concludes my comments. And if there are any questions, I'd be happy to answer that.

CHAIR PONTANILLA: Thank: you, Mr. Arakawa. Do you have any handouts, Mr. Arakawa, on your proposal? Staff?

MR. JENSEN: Mr. Chair, the Staff notes that the first change recommended by the Director is currently found in the memo . . . in the version of the bill that was transmitted November 2, 2006, under 20.35.025 right-of-entry. I believe that reflects the change that the Department requested.

CHAIR PONTANILLA: Okay. Mr. Hokama.

COUNCILMEMBER HOKAMA: Chairman, I was ... I'll be requesting to see if we have in writing the second recommendation by the Director.

CHAIR PONT ANILLA: Mr. Director.

MR. ARAKAWA: I don't have the exact ... the Committee doesn't have the exact wording. However, in our previous letter, our August 9th letter that was also suggested as well and so I'm basically just suggesting that the Committee include that language in the revised bill. I can read it again. It's basically just paraphrasing what we had commented on earlier.

COUNCILMEMBER HOKAMA: Okay. Quick, Chairman, question, please?

CHAIR PONT ANILLA: Corporation Counsel.

MS. YOUNG: Thank: you. I haven't had a chance to read it in advance, but looking at what Director Arakawa had read from, you know, in concept that would be fine.

COUNCILMEMBER HOKAMA: Okay. I would ... Chairman, it's just my request that if possible that the bill come out in its final form so that we may not be required to do any amendments at Council, please. So if . . . (long pause) . . . okay, Corporation Counsel, I've read the Director's submittal to the Committee the

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August 9th. The way he's providing it on Page 6 of his transmittal to us he's

recommending, he's recommending the action, but he hasn't presented the wording. So I'm asking if what he has there is appropriate enough that this Committee could take a portion of that August 9th communication and consider that for a Committee amendment this morning?

(note: long pause)

COUNCILMEMBER HOKAMA: Do you need time, Corporation Counsel?

MS. YOUNG: The, the August 9th submittal from Public Works doesn't propose particular language. I guess the only issue here is whether or not it comports to, comports to Sunshine Law, and your agenda we think is, you know, looking at your agenda and the topic is broad enough to incorporate this type of revision to the Code. It does note that the item is outdoor lighting ... (pause) ... and so, you know, this would still comport to that, to that topic and the purpose of the draft bill which is noted also in the description being the establishment of outdoor lighting standards, reducing light pollution, enhancing night sky for astronomical research and preservation of light . . . wildlife. So your agenda item is broad enough we believe in order to accommodate this type of discussion and this type of revision.

COUNCILMEMBER HOKAMA: Okay, thank you for confirming that for us. I need to know if ... let me just state it this way then. I would like to see language for consideration that would effectuate what the Public Works Director has recommended as a revision to Subsection .050, okay. And he directed us, he referred back to this August 9th communication and he gave us a suggestion. I wanted to know this language or something close to it can be provided to us so

we can on a to <UH'~HU.

PONTANILLA: Right now we're working on a proposed draft, and I we can probably move forward on proposed language.

COUNCILMEMBER HOKAMA: Okay. The Director did you read something to the Committee? Maybe you can give that to the ... to Chairman Pontanilla and we can move forward. I think it's a reasonable request and I'm at this point leaning to support it (end of tape lA) in a written form so the Committee can be sure we understand the revision.

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MR. ARAKAWA: Councilmember Hokama, actually, what I read to you was what I was proposing would be the exact language to be included, and I can give that to the Council Services Staff and we can have that reproduced.

COUNCILMEMBER HOKAMA: Thank you.

CHAIR PONT ANILLA: Thank you.

COUNCILMEMBER HOKAMA: Chairman, last question, please. On that--

CHAIR PONTANILLA: Mr. Hokama.

COUNCILMEMBER HOKAMA: Thank you. On the first recommendation of Subsection .025 right-of-entry, Chairman, it is currently on your latest draft ordinance proposal. So do we need to take action on it or has it already been determined by the Committee?

CHAIR PONTANILLA: We haven't taken action in regards to the proposal that's being made by Mr. Arakawa this morning on the draft. What I'd like to do is go through the draft in its entirety--

COUNCILMEMBER HOKAMA: Okay.

CHAIR PONTANILLA: --and just do it one swoop, ifthere's no objections.

COUNCILMEMBER HOKAMA: No objections.

Okay, you, Any more regards to

to on

MR. MATSUOKA: Good morning, Chair Pontanilla, and Council Members. My name is Milton Matsuoka. I'm a Captain with the Maui Police Department. I guess I'll just start off with a statement.

Our stance continues to be against the conversion to low pressure sodium lights. We do not oppose the shielding of high pressure sodium lights. There has been testimony that this bill will ask for shielding of all lights. However, this bill will eventually require all street lights to be converted to low pressure sodium. We've already testified to the fact that due to the apparent shape of the LPS fixtures, the

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footprint of the light hitting the ground is elongated instead of round like the present fixtures. This will create greater gaps of darkness between the lights. These greater gaps of darkness create not only a public safety issue, but also an officer safety issue. So again we ask if the County is prepared to add more street lights to compensate for this which will also add to the cost.

Several officers have since brought up an interesting perception that I had not experienced when trying to make a comparison between the two different lights. They mentioned to check the difference between the two lights when it is raining. They informed me that during a rain it's almost as if the low pressure lights are not there. I didn't have a chance to experience this until I attended a conference in Kona several weeks ago. There was a night when there were steady showers during the evening and I was driving from Hapuna back to Kona. While it was raining I could not see the lines on the road that mark the center of the roadway as well as the edge. Why this occurred I could not say, but when there were no street lights and only my headlights I could see the lines. And again I think within the intersection, also, the lines are yellow so I don't know if that made a difference.

You know, one of the things against, that we're against LPS due to the negative impact it will have on our activities and investigations. The color distortion that these lights create will make our investigations more difficult, more difficult which can then translate to our court testimony. Anyone who has any experience with criminal trials know what it's like to be questioned by a defense attorney on the probable cause used to identify their client. These lights will add another obstacle we will have to overcome.

I just want to bring officers

CHAIR PONTANILLA: Thank you, Captain Matsuoka. Members, any questions for the Police Department? Member Molina.

VICE-CHAIR MOLINA: Thank you. Thank you, Mr. Chairman. Good morning, Captain.

MR. MATSUOKA: Good morning.

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VICE-CHAIR MOLINA: You mentioned that I guess the Big Island police, have they officially come out with a statement against LPS, a written statement? Because when I was Chair of the Committee we did a site inspection on the Big Island, and I don't know if Chairman Pontanilla has received any written notification or statement from the Big Island Police Department in opposition to LPS, and I know they've had it for, you know, over nearly 20 years. Since you've been on this matter, have you had I guess conversations with ... I guess I presume you've had conversations with the Big Island Police. Have they issued anything officially against the use ofLPS?

MR. MATSUOKA: No, they haven't, not as far as I know. I think the letter that I saw only dealt with if they had done any studies compared to LPS and high pressure that's the only thing I ever saw.

VICE-CHAIR MOLINA: I guess it's with regards to the discoloration I guess we saw it for ourselves down at the Tech Park I guess at that site inspection ... so the police there have I guess have learned to deal with the discoloration on that. And you mentioned the striping on the roads, from your own observations the LPS seems to have an impact on the striping on the road as well the coloration?

MR. MATSUOKA: Well, to me it did anyway.

VICE-CHAIR MOLINA: Okay, thank you. Thank you, Chair.

CHAIR PONT ANILLA: Thank you, Member Molina. Member Mateo.

COUNCILMEMBER MATEO: Chairman, thank you very much. Captain, good mornmg.

you as you opposition terms sodium use. Has the Department actually met and discussed your perspectives with the proponent group that supports this particular ordinance to see if there is a resolve, if there is a common ground that both sides can agree on, or has it just been the Department saying no, and this group saying yes, and we're kind of like where we are at today?

MR. MATSUOKA: No, there were apparently meetings prior to this with the Ad Hoc Committee, and that was generally with Captain Fontaine prior to me arriving, would be just over a year ago, and apparently what I was told that some of the I guess options that are in this ordinance were brought up with Captain Fontaine.

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Now, again, I'll just say that whatever suggestion ... well, they were saying that the suggestions that are in this ordinance was brought up by Captain Fontaine, I'll just say at this time that those options were not brought up with our Department and was never approved by our Department.

COUNCILMEMBER MATEO: Okay, so then other than just the I guess assumed discussion between Captain Fontaine and the Ad Hoc or the group ... the Ad Hoc group, then the Police Department's position then was not addressed in terms of the Department's concerns about the use oflow sodium?

MR. MATSUOKA: It appears that what was discussed at those Ad Hoc Committees and I attended I think one or two of them, and since that time I don't know if they've had any other meetings. I was never told of any other meetings after that, but at that time, yeah, I don't believe Captain Fontaine brought up those issues with our Department.

COUNCILMEMBER MATEO: Okay. So then, Captain, the issues that you just cited, these are issues that have been identified within this last year or are these still the same issues that Captain Fontaine in accordance with directives of the Department also took issue with?

MR. MATSUOKA: Well, I don't know if there's directives in our Department, but this is something I know that was brought up years ago I believe by Assistant Chief Butch Tam Ho on his testimony on this bill and that's ... and our stance pretty much is the same. I think the only difference now that we have now is that we agreed to the shielding on the high pressure, but we still oppose the low pressure, again, which is something that we always opposed.

CHAIR PONTANILLA: Thank you, Mr. Mateo. Members, any more questions for Captain Matsuoka?

(note: long pause)

CHAIR PONTANILLA: Ifnot, thank you, Captain. I do see Deputy Director John Buck from the Parks Department. If Mr. Buck can provide us with some information in regards to any concerns that the Parks Department may have in regards to this proposed ordinance.

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MR. BUCK: Good morning, Committee Chair, and Committee. Not really too much as far as the Department. I will give you a personal experience with the LPS. I had an opportunity in the last few months to go . . . to various parks facilities throughout the mainland and I think I was in the Kona not too long ago, and the only thing I can say as far as with me is that the LPS does cause some depth perception problems and that may be an issue that we might want to take a look at especially as our . . . more and more people who are using our facilities are getting a little bit older and may have sight problems.

As far as the ordinance it reads, we really don't have any ... well, we have kind of one concern, it's something that we're working on. As we're designed ... as Maui County grows, there's gonna be a need for additional lighting of fields or additional fields, and with the new technology now that ... and with some of the concerns on the mainland too is light pollution upwards and in as so many exposed in the neighborhood trespassing onto other properties. So that's one of the things we'll be addressing. The one concern that we have as far as the shielded lighting is we've experienced some recent incidents where the shielding actually fell off the fixtures themselves. One of the incidents was Upcountry. So in the future we're gonna be looking at when we do spec out the lights and the shielding the lights that they address that maybe put a tougher bracket or whatever, holds 'em up 'cause it, they're suscep ... , susceptible to more corrosion over here than I'd say if they were in the mainland.

As I also read the ordinance there ... I do have one concern. It's more of a concern or maybe the future complaints from the ... our constituents is the fact that we have a lot of walkers in the stadium in the mornings who have over the years have requested us to have the stadium lights on the morning from . . . they start about five. And as I read the ordinance says once we tum off we cannot back on So

it was at 11:30 or an gotta be stay off sunrise with some of our early morning walkers the stadium or some of the other parks where we do tum on the lights on for them to walk.

CHAIR PONTANILLA: Thank you, Mr. Buck. Members, any questions for the Parks Department? Mr. Molina.

VICE-CHAIR MOLINA: Thank you, Chairman. Good morning, Mr. Buck. All of this doesn't come under your jurisdiction. You know the King Kekaulike field in Up country, that I guess comes under the jurisdiction of the State, now those lights are not shielded, yeah, 'cause they're very blinding as you come up the highway

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when they have their events there. Do you knOW ... do you have any background information on the type of lighting they use? That's not any type of that Musco Lighting I guess that was talked about in prior meetings?

MR. BUCK: Well, if you wanna go into more shield the lights, it's gonna cost you more money because you would have to put in more poles, more light fixtures more downwards. I think what they did was try to just light the field, you know, with the least amount of fixtures so you have a lot of ... that's what you call light pollution, basically, you know--

VICE-CHAIR MOLINA: 'Cause the lights strays to the highway.

MR. BUCK: Yeah, yeah. I'm not too sure with the type of fixtures, but I do know that the ... over the years they've been corning out with a different type of shielding, but it also requires additional poles and more fixtures to get the lighting requirements that you need for certain events but not to have the pollution or the trespassing over to the adjacent property owners.

VICE-CHAIR MOLINA: And the lights we have at War Memorial Field in comparison, are those lights different from what's I guess placed over at King Kekaulike field?

MR. BUCK: I believe the ones at War Memorial are Musco. When we installed those lights we were looking at television coverage, too, but . . . so you have to have more of a downward of the lights so ... 'cause if you go across, then they would glare into the TV cameras if ... when we televise games. That's one of the reasons why they were designed the way they were designed.

Okay. And on subject of the walkers there's a possibility people not

m()rnmf~S or

IS

hour event is over sunrise, which means the way I read ordinance, that means we would not be allowed to turn the stadium lights on for the early morning walkers.

VICE-CHAIR MOLINA: You have a lot of early morning walkers, I mean people walking that early in the morning? (chuckled)

MR. BUCK: Let's put it this way, those who do walk are very vocal. I don't know what the exact numbers are but, you know, for when we close the stadium for whatever we need for a special event or if the lights are not working we hear about it.

17


November 27, 2006

VICE-CHAIR MOLINA: Yeah. Just concerned about the people's safety walking at that early juncture in the morning. Okay, thank you. Thank you, Chair.

CHAIR PONTANILLA: Mr. Buck, question. In regards to those early walkers, is it only the stadium lights that's in the stadium or do we have any other lights within the stadium that could illuminate or provide illumination for the walkers in the stadium area?

MR. BUCK: We do have some walkway lights that go round say behind the bleachers and up on top the hill that are working most of the time, but for one reason or another there's a lot of them would rather walk or run on the track, which would require us to have the stadium lights on right now unless we were to figure a different way to light the track and that might impose some expenses and I can't give you a cost estimate right now.

CHAIR PONTANILLA: Thank you. Member Hokama.

COUNCILMEMBER HOKAMA: Is our stadium have the ... the circuitry to do just partial lighting, or must all the lamps go on at one time?

MR. BUCK: No. The morning early walkers we have what's called a track lighting and it's just (inaudible) two ends on each ends it's like ten rows so it's not the whole thing. It's just some lights on. Like I said I'm just reading what the ordinance says and I might be amiss reading it, but it says that the metal lights have to be off at 10:30 or one hour after the event and stay off until sunrise. That's how I'm reading it, but you know, not all the lights are burning. There is ... and then there's some that shine into the parking lot.

,-,"AU"A is high pressure so partial ... it's partially shielding except a couple areas and that's because it was addressed without putting in new fixtures addressed some concerns that ... safety concerns for the walkers. We probably could look at lighting what the different type of fixtures ... well, this is something we have to look at. We do have walking lights around the stadium, but a lot of the walkers prefer to be on the track. So we have talked about, because we are concerned about burning the lights anyway, about maybe doing something different, attaching something different to the poles or put additional poles. We'd have to address those needs, but that's, but it'll be done in the future. We probably in a couple of years we're gonna have to start looking at replacing the lights at the stadium anyway because

18


November 27, 2006

of the salt corrosion so at that time we can probably do maybe a separate circuitry with a different type of light for the track just for the walkers in the early mornmgs.

COUNCILMEMBER HOKAMA: So actually what we're talking about at our stadium is maybe one hour oflighting during the summer half, you know, by six o'clock it's pretty well lit, and during the winter season for us maybe we're talking about two hours worth of lighting early in the morning.

MR. BUCK: Yeah, I think the lights come on about five so, yeah, you're talking about two hours in the winter and maybe an hour in the summertime.

COUNCILMEMBER HOKAMA: Currently you provide this seven days a week, Director Buck?

MR. BUCK: From my best my knowledge, yes, we do. They are on a timer right now.

COUNCILMEMBER HOKAMA: Okay. Chairman, my understanding of the proposed ordinance that you have for us state that the lights could remain on after hour restrictions if business or recreational activities are taking place. You have it on the bottom of Table .060, Subsection .060. So I just share that with Director Buck that I believe we can address the Department's concern, Mr. Chairman. I leave it to you if I'm misreading the proposal, Chairman.

CHAIR PONT ANILLA: Thank you, Mr. Hokama. Do you wanna clarify?

MR. JENSEN: Mr. Chair, the comment was made by the Ad Hoc Committee that this language had been revised to allow recreational activities such as the early morning walk. So the Members a change to more IS necessary,

Counsel along the same lines. Would it be better for us to I guess be more specific with language in the bill to I guess allow for the Parks Department to continue their practice for the early morning walkers or is it fine the way it is? I'm just wanting to get recommendation from Corporation Counsel.

MS. YOUNG: Thank you, Mr. Chair. Looking at the language it may be clearer if we replace the word "remain" with something like these lights may be on between 11 p.m. and sunrise and it goes on. Because I think the confusion is with the word "remain", right, where the intent seems, you know, from the language that's in the 1112 draft, the intent seems to be if the activity starts some time late at night and

19


November 27, 2006

then goes on from there, then it would be allowed to stay on. It... so I think replacing the word "remain" with a more, with a ... something that better reflects our intent would be better and then the rest of the language would be fine.

VICE-CHAIR MOLINA: Okay, thank you. Mr. Chair, I guess if whatever appropriate language would fit I think might be something we should consider to implement into the bill so as we don't have any, you know, misunderstandings. I wouldn't want to see that practice discontinued for our recreational users of the stadium as well, Mr. Chairman. Thank you.

CHAIR PONTANILLA: Thank you. The intent of the Chair this morning is to get all of your comments and all of your recommendation, and if we make a decision go page by page so that we all agree and from there the Chair will make a recommendation of the bill. Thank you, Mr. .. , Member Molina. Members, any more questions? Mr. Buck, thank you very much.

Okay, at this time the Chair would like to call a mid-morning break. If we can return by 10:20. So we'll stand on recess 'til 10:20 .... (gavel) ...

RECESS: RECONVENE:

10:08 a.m. 10:26 a.m.

CHAIR PONTANILLA: ... (gavel) ... The Public Works Committee meeting is back in session. Thank you, Members, for that recess. At this time the . . . any of the Members have any more questions for Public Works Director?

COUNCILMEMBER HOKAMA: Just one, Chairman.

neon lights, I was my memory regarding neon

why, any, just no concern about light straying or light trespassing or the glare and whether or not we should consider partial shielding?

CHAIR PONT ANILLA: Mr. Director.

MR. ARAKAWA: Mr. Chair, you know, I don't recall any particular discussion that the Committee had regarding neon lights in particular. It may be just the nature of the lights themselves where the actual illumination is within the neon tube and that's why for these other types of lighting they basically had either partial shielding and I guess in this case neon lights there's really no shielding requirement, but the

20


November 27, 2006

proposal is to have some usage restrictions where it would be required to be turned off from 11 p.m. to sunrise.

COUNCILMEMBER HOKAMA: Okay, thank you, Chairman.

CHAIR PONTANILLA: Thank you, Mr. Hokama. Members, any more questions for the Director or Corporation Counsel? If not, the Chair would like to ... looking at your November 2nd proposed amendment go page by page, and if you have no comments to make, that we'll just assume that it's okay and that we'll move forward just like that page by page.

Okay, looking at Page 1. Any questions on Page I? This is the proposed amendments that were given to us on 10/13 . . . oh, dated 10/13/06. Any comments? Okay, moving on to Page 2. Any comments to Page 2? Page 3?

COUNCILMEMBER HOKAMA: Chairman, just a question ... oh, I'm sorry. I'm sorry.


COUNCILMEMBER HOKAMA: Thank you, Chairman. I was just going to ask you, Chairman, if Subsection .025 right-of-entry, if that is a revision that you would require, require us to go through a motion to amend or I wanted to know how you wanted to approach any changes to the previous bill.

MR. JENSEN: Mr. Chair, in response to the question, this is the version that was posted on the agenda, the version that was communicated by the Committee Chair on November 2nd

• So if that language parallels the language that was suggested by Director, change to right-of-entry as IS.

CHAIR PONT ANILLA: Thank you, Scott. Members, to bring it to your attention on 20.35.030(B) in regards to the replacement existing light fixtures. "All existing outdoor light fixtures that were legally installed prior to the implementation of this ordinance shall comply with Table A in ten (10) years of the adoption of this ordinance. Existing Class III fixtures .. , (end of tape IB) ... any questions on that? Member Molina.

VICE-CHAIR MOLINA: Yeah, thank you, Chairman. If I recall I think the recommendation for the ten years was made I guess last term I guess based on other counties and municipalities using ten as a benchmark. Since that time have

21


November 27, 2006

you heard of any other considerations besides ten years? Maybe go 15 years or 20? I don't know if maybe your analyst has had any other additional suggestions? I know the Ad Hoc Committee has been meeting on the bilL Is there anything else the Committee should be aware of with regards to the, you know, should this thing pass the future implementation length of time, 10 years, 15 years for existing fixtures?

CHAIR PONT ANILLA: Thank you, Member Molina. At this time the Chair would like to ask Mr. Arakawa, because we had an ... I guess not ordinance but ... a rule to change our ... or to go fully shielded on existing lights, was it five years or ten years, Mr. Arakawa?

MR. ARAKAWA: Mr. Chair, I don't have the rules in front of me right now, but it's basically street lighting standards that apply to our Department, and I believe those were passed in either 1999 or the year 2000, and they required that shielding be implemented by 2005. So we can basically live with this ten year adoption. It basically ... we'd have to come back to the Council for funding to implement it. The other issue is regard to enforcing provisions of the ordinance on private businesses. And the second amendment that I had proposed whereby we try to have some of the certification done by the electrical engineers as opposed to having our inspectors do the inspections would be helpful to us as far as lightening our load to, as far as getting compliance with the ordinance should it pass. So I mean as far as ten years, you know, we can live with that.

CHAIR PONTANILLA: Thank you, Mr. Arakawa. Member Molina.

VICE-CHAIR MOLINA: Okay, thank you, Chairman.

COUNCILMEMBER HOKAMA: I, I can a question, to Mr. Molina just brought up.

CHAIR PONTANILLA: Go ahead.

COUNCILMEMBER HOKAMA: Do you see helpful if we consider a . . . for an example that within the first five years 50 percent of all the fixtures must be converted so that, one, from a budgetary standpoint, you know, we make serious consideration to appropriate enough funds for the Department to start implementing the program. Do you see that as something helpful, Director

22


November 27, 2006

Arakawa, or you prefer to have the flexibility left in the ordinance? And I just say that because I would hate after nine years of none, not requesting funds that on the tenth year you're gonna come in with this huge multi-million request because now you have oh, gosh, we forgot. We gotta fulfill the ordinance. We have one year left to do this conversion. We're not prepared. So I'm just asking for your thoughts on this, please.

MR. ARAKAWA: Councilmember Arakawa, I really have no preference. I mean if the Council wishes to include some benchmarks it'll certainly keep it that as far as on the top of our minds. So I mean we can live with either way. And ten years is a, it may seem long to some people, but in terms of the amount of work that needs to be done it is a substantial amount of work. So if the ordinance passes we ... you know at least my intent would be to get started on it, you know, right away and implement it on an incremental basis over that ten year period.

COUNCILMEMBER HOKAMA: Would you ... at this point in time would you feel that it's achievable if we put in ... if we consider putting in a benchmark oflet's say a minimum of 50 percent within the first five years? Is that something that you feel your Department would be able to achieve? 'Cause it doesn't make sense for us to put in something and, and it's very unrealistic and, you know, you won't be able to hit the mark, you know, we just gonna have frustration in the Department and with the private sector on this.

MR. ARAKAWA: Councilmember Hokama, we have a pretty good idea as far as the amount of street lights that would need to be changed depending on what the provisions of the ordinance are of course. So we can live with that benchmark as far as street lights. If you're looking at 50 percent of conversion among private entities so that might be little bit more problematic as far as trying to figure out whether or not we comply. for the entities ... we a

trying to able to V~'Lq.H as opposed to

MR. ARAKAWA: So that might be a little more problematic from standpoint.

COUNCILMEMBER HOKAMA: But as far as the County's requirements on its fixtures, which is basically the street lighting, you consider that a achievable benchmark?

MR. ARAKA W A: Sure we can, we can live with that.

COUNCILMEMBER HOKAMA: Okay, thank you very much. Thank you, Chairman.

23


November 27, 2006

CHAIR PONT ANILLA: Thank you, Mr. Hokama.

COUNCILMEMBER MATEO: Chairman.

CHAIR PONT ANILLA: Member Mateo.

COUNCILMEMBER MATEO: Chairman, thank you very much. Mr. Arakawa, just to continue on with Mr. Hokama's question, my only concern is it's nice to have this receptive dialogue with you telling us that you could possibly meet this, but like my worry is, you know, I still remember grease traps. We mandated it for everybody, and we took our time in getting our facilities done. So my worry is, you know, you know the number of street lights. Can you give us an idea of how many street lights will have to go through this transition?

MR. ARAKAWA: It kind of depends on what the provisions of the ordinance will be. I think we gave you some rough idea in our August 9th letter whereby if we have to shield all of the street lights on County roadways I think we're talking about 3,800 street lights that needed to be shielded or something to that effect. It's in that neighborhood 3,800 street lights that we're talking about.

COUNCILMEMBER MATEO: Okay. And just for the sake of getting an idea of what's involved in, in the change, per light would take you how long to transition? And do you have the manpower to do it? And so that, you know, the whole question gets back down to can you realistically do it in five years or so?

MR. ARAKAWA: I think so.

COUNCILMEMBER MATEO: so. Okay. Thank you.

MR. ARAKA W A: Chair, we currently contract that work out to Maui Electric so we would have to pay for their services, but basically they would do the work to actually either put in the shielding or, you know, change the lights or, you know, whatever, you know, the ordinance requires them to do.

CHAIR PONT ANILLA: And as far as having the installation completed within the specified time that can be worked out with Maui Electric or the power company or whatever company that does the installation?

24


November 27, 2006

MR. ARAKAWA: I believe so, Mr. Chair. We've been in contact with Maui Electric and we haven't really ... I haven't heard any real big concerns about the ten-year time period as far as the change on the street lights per se, but the intent would be to try to like I mentioned to try to implement this on an incremental basis so that we don't have to do all of it in one particular year.

CHAIR PONT ANILLA: Thank you. Member Molina.

VICE-CHAIR MOLINA: Mr. Chairman, if there's no objections from the Committee I know there's a Maui Electric representative in the gallery and I was wondering if I could ask a question?

CHAIR PONT ANILLA: Sure. If we can have Mr. Shinyama come forward. Mr. Shinyama if you can identify yourself as well as the company that you represent for the record.

MR. SHINY AMA: Hi, good mornmg. Neal Shinyama, Manager, Maui Electric Company.

CHAIR PONTANILLA: Okay, good morning.

VICE-CHAIR MOLINA: Okay, thank you, Mr. Chairman.

CHAIR PONTANILLA: Member Molina.

VICE-CHAIR MOLINA: Good morning, Mr. Shinyama. And my first question is, is Maui Electric receptive to giving the County a significant discount? No, I'm just teasing. I thought I just add a little humor this morning. Seriously, you know, we've from Director as far as know, being to meet

lO-year objective pass to

SHINY AMA: Yeah, I believe so. I think what we probably need to do is sit down with the County and you know sort of set a plan as to how, what, how many fixtures we wanna do in a certain period of time and, you know, what areas we wanna do first because I would probably like to see it kind of laid out systematically as opposed to doing a little bit here and jumping over here. You know it would probably be more effective to say let's work in this area first and this area, whatever it might be. Just getting the resources out to those areas instead of, you know, scattering it all over the place so we could sit down and work with the County. I'm sure that, that the number we talked about as far as the 5- or lO-year plan again I don't think it's problematic for us. We just have to

25


November 27, 2006

make sure that we sit down and, and set up a schedule for that, and just keep in mind that, as Milton may have mentioned, that you know we won't do any installations or change (inaudible) with shields or whatever it might be until we get the request from Public Works, and we determine the cost, and they approve the cost, and then we go forward with the work. So there are some other so-called administrative engineering work that has to be done accordingly also.

VICE-CHAIR MOLINA: Okay, thank you. Thank you, Chair.

CHAIR PONT ANILLA: Any more questions for Mr. Shinyama, Members? If not, thank you very much.

COUNCILMEMBER HOKAMA: Chairman.


COUNCILMEMBER HOKAMA: In the same area, I would just ask if you would consider sending a letter to Chairman Caliboso of the Public Utilities Commission. It is my understanding and I may be not fully understanding of the Public Utilities Commission's goal, but it is my understanding currently that the Commission is looking at having the utility, which includes our utility or I should say all utilities, including Maui Electric, to be required to consider going through RFPs for services ... you know I know they've talked about power generation, new power generation. I think it might be helpful for the County to find out if, if they would view this, which I guess you could make an argument it's part of a maintenance type of program since we not installing new fixtures but we're changing fixtures as well as shielding the fixture, how they would view that type of work, and whether or not Maui or the County would have to put out a formal instead the IS

cando

more Okay, on Page 4?

(note: long silence)

COUNCILMEMBER HOKAMA: Mr. Chairman. Excuse me.

CHAIR PONTANILLA: Oh, okay ... Staff, on Page 4, item 20.35.050(B) we're gonna add the recommendation by Public Works Director.

26


November 27, 2006

MR. JENSEN: Mr. Chair, that's correct. I've already added that language as proposed to be added to (B). In the draft it'll be circulated the conclusion of any other reVISIOns.

CHAIR PONTANILLA: Thank you. Mr. Hokama.

COUNCILMEMBER HOKAMA: I was gonna just make a motion that we do that Chairman, to amend the proposed ordinance.

CHAIR PONTANILLA: Okay.

COUNCILMEMBER HOKAMA: And that it would be following the first sentence of Section (B) that we take the proposed language from Director Arakawa in his recommendation that he has presented to us.

CHAIR PONTANILLA: Thank you, Mr. Hokama. Mr. Jensen, can you read part (B)?

MR. JENSEN: Yes. Part (B) reads "The plans and description required by subsection (A) shall be sufficiently complete to enable the director to readily determine compliance with this chapter. When plans and specifications are required for an electrical permit by Chapter 16.18A of the Maui County Code, it shall be prepared or approved by a professional engineer licensed in the electrical branch and that the engineer include a signed statement certifying that the project outdoor lighting is in conformance with this chapter".

CHAIR PONTANILLA: Thank you. Is that okay, Mr. Hokama?

COUNCILMEMBER HOKAMA: Yeah. So I move we am~~na that section to be as read, ,-,HUH JlB«B.

uesll011S on

COUNCILMEMBER LL'V'A,," 'LlYH we gotta vote on

CHAIR PONTANILLA: Oh, I'm sorry. Urn ...

VICE-CHAIR MOLINA: Discussion.

CHAIR PONTANILLA: Yep. Moved by Chairman Hokama, second by Member Mateo. Any discussion on the proposed amendment? If not, all in favor of the amendment please say aye.

27


November 27, 2006


CHAIR PONTANILLA: Okay, motion carried.

VOTE: AYES: Councilmember Carroll, Hokama, Mateo, Vice-Chair Molina, and Chair Pontanilla.

NOES: None. ABSTAIN: None. ABSENT: None. EXC.: None.

MOTION CARRIED.

ACTION: APPROVE motion (Section 20.35.050(B)).

CHAIR PONTANILLA: On Page 4, the last sentence on the page, these lights may remain on between 11 p.m. and sunrise if business or recreational activities are taking place, but must be turned off one hour before ... or after event is over. I believe we had a comment by Corporation Counsel in regards to that one particular item.

MS. YOUNG: Yes. Maybe to address the Parks Deputy Director's concern it could read these lights may be used between 11 p.m. and sunrise if business or recreational activities are taking place, but must be turned off one hour after the event is over.

PONT ANILLA: Thank you. Members, any more questions on Page 5? Member sorry, Page

PONT ANILLA: We can do it as an ~U"VH'~AUVA"

VICE-CHAIR MOLINA: Okay.

CHAIR PONTANILLA: You wanna make the motion?

VICE-CHAIR MOLINA: Okay. I so move that we incorporate the language from Corporation Counsel with regards to the Parks concerns on the usage of the lighting for the stadium.

28


November 27, 2006

CHAIR PONTANILLA: Thank you. Any second?

COUNCILMEMBER HOKAMA: Second.

CHAIR PONTANILLA: Second by Member Hokama. Any more discussion in regards to that? All in favor say aye.


CHAIR PONT ANILLA: Motion carried.

VOTE: AYES: Councilmember Carroll, Hokama, Mateo, Vice-Chair Molina, and Chair Pontanilla.

NOES: None. ABSTAIN: None. ABSENT: None. EXC.: None.

MOTION CARRIED.

ACTION: APPROVE motion (Section 20.35.060).

CHAIR PONTANILLA: Any more questions on Page 4? If not Page 5?

(note: long pause)

CHAIR PONTANILLA: Any questions to Page 5?

ask h"t<lntnTP stylistic "'HU'H,""'~"

that might be required as we reference Department of Public Works and Environmental Management since we have now split the Department into two separate entities.

CHAIR PONTANILLA: Thank you. Staff. Okay. Okay, Members, if there's no more questions in regards to the proposed amendment dated 10/13/06, before the Chair makes a recommendation, I would like to call a recess and we'll reconvene at 11 o'clock. At this time the Staff will draft out clean copies for you in regards to all of the changes that we've done. Recess .... (gavel) ...

29

RECESS: RECONVENE:

PUBLIC WORKS COMMITTEE MINUTES Council of the County of Mani

November 27, 2006

10:52 a.m. 11:09 a.m.

CHAIR PONTANILLA: ... (gavel) ... The Public Works Committee meeting is back in session. Members, Staff had provided you with a clean copy of the proposed amendment. This time the Chair . . . (long pause) . . . Members, the recommendation from the Chair is to recommend approval on first reading and the filing of the communication for "A BILL FOR AN ORDINANCE AMENDING TITLE 20, MAUl COUNTY CODE, BY ADDING A NEW CHAPTER RELATING TO OUTDOOR LIGHTING".

VICE-CHAIR MOLINA: So move.

CHAIR PONTANILLA: Moved by Member Molina,

COUNCILMEMBER HOKAMA: Second.

CHAIR PONTANILLA: Second by Member Hokama. Members, any discussion?

COUNCILMEMBER HOKAMA: Chairman. I'm sorry. I'm sorry.

CHAIR PONTANILLA: Member Molina.

VICE-CHAIR MOLINA: Thank you, Mr. Chairman. I'll go ahead and yield to Mr. Hokama.


consideration. So I ask

our street

MOLINA: Second.

CHAIR PONTANILLA: Okay, moved by Member Hokama, second by Member Molina. Mr. Jensen, where can we insert that?

MR. JENSEN: Pending any comment from Corporation Counsel, it may be most appropriate to add that language under 20.35.030 General Requirements under (B) and to just add following the sentence which reads "All existing outdoor light fixtures that were legally installed prior to the implementation of this ordinance shall comply with Table A in ten (10) years of the adoption of this ordinance ... "

30


November 27, 2006

And then add the requirement that Mr. Hokama is proposing, stating that for purposes of Class IV lighting 50 percent of the lighting should be shielded within five years.

CHAIR PONTANILLA: Comments, Corporation Counsel?

MS. YOUNG: Placement of the language would be fine. We would just note though that Class IV doesn't only pertain to, to County roadway lighting. It also pertains I believe to ... to private roadway lighting also. So maybe we could just incorporate language that would make it clear that it's only for, for lighting installed by the County for County roadways, yeah.

Mr. Chair, in also could, on the language in Table A, which is Section 20.35.060, Class IV lighting, if you look at the third item, which is high pressure sodium, the shielding requirement is fully shielded, and then the usage restrictions is on roadways within 50 feet of intersections, but from the discussion it seems like the usage restrictions should either be none ... should be was none is that correct?

CHAIR PONTANILLA: Thank you, Corporation Counsel, we'll take care of that. So the language in 20.35.030 if you can read that again, Scott, in regards to what Corporation Counsel had just noted to comply only with County roadways.

MR. JENSEN: Sure. It would read ... all Class IV lighting under County control would be subject to 50 percent sh ... , 50 percent of the ... it would be a requirement that all Class IV lighting under County control would be 50 percent shielded within five years of the passage of the ordinance.

PONTANILLA: you. Member

estimate approximately $200 to have it shielded labor inclusive. current projection let's say for 4,000 street lights, County street lights 800,000, I would think that, that it's something worthy for us to try and achieve as a minimum standard within the first five years to have half of it be in compliance with the revisions to the Code, as well as . . . I would like to be able to in a reasonable length of time to able to see how taking the comments from Maui Electric, Mr. Shinyama, that if Central Maui would be the first area to have this program implemented with the Department and we can see the improvements of the shielding regarding our night pollution, then it make sense for us to look at other venues also to assist the, the industry that is on Haleakala that one wants to preserve our night skies has a role in national security, as well as maintains and

31


November 27, 2006

enhances our Hawaiian culture and its dependence upon the stars, and how it is part of our Native Hawaiian culture. So I consider this a reasonable consideration. I would ask the Committee Members to please consider supporting it.

CHAIR PONTANILLA: Thank you, Mr. Hokama. Members, any more discussions on this amendment? Okay. All in favor ofthe amendment signify by saying aye.


CHAIR PONTANILLA: Opposed? Okay. Motion carried.

VOTE:

ACTION:

AYES:


Coun cilm ember Hokama, Mateo, Vice-Chair Molina, and Chair Pontanilla. None. None. None. Councilmember Carroll.

MOTION CARRIED.

APPROVE AMENDMENT to main motion (Section 20.35.030(B) that all Class IV lighting fIXtures under County control would be 50 percent shielded within five years of the passage of this ordinance).

Going back to more discussions?

because of one COlmDonem component is LPS. me to listen to the issues and the concerns raised by the Police Department is one that I think needs to be addressed, and I don't know what happened between discussions between the two groups, but I think it needs to be re-engaged, and I think they need to come up with a resolve so that we're able to get the best of both sides. If there is, are any issues with LPS then I think the opportunity is available to us to have some kind of resolve from now until we get to second and final. So I think at this particular point I do have reservations not with the bill in its entirety but with LPS, and therefore Chairman I will be supporting the Chairman's recommendations so we can move out of Committee, but I will do so at this point with reservations.

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November 27, 2006

CHAIR PONTANILLA: Thank you, Member Mateo. Member Molina.

VICE-CHAIR MOLINA: Thank you, Mr. Chairman. Question for Corporation Counsel.

CHAIR PONTANILLA: Go ahead.

VICE-CHAIR MOLINA: Ms. Young, you know the bill as written is ... it does not mandate the County to use LPS. It's only a recommendation am I, am I correct?

MS. YOUNG: That's correct that the bill does not mandate low pressure sodium in Class IV which is on any type of and any roadway both County as well as private roadways ... public as well as private.

VICE-CHAIR MOLINA: It's pretty much at the discretion of the, of the Administration if they choose to go with ... and should this pass, it'll be at the discretion of the Administration to use LPS, and if they do they can implement as much LPS as they want, you know, 50 percent, 10 percent, or none.

MS. YOUNG: That's correct. It does allow for low pressure sodium to be installed so long (end of tape 2A) restrictions and that brings me to my earlier comment which is that I think at the time that it was written the intent was to have low pressure be required on roadways and then only at and the language is on roadways within 50 feet of intersections then you would be allowed to have the high pressure sodium, but it sounds like from the discussion that you don't want the high pressure sodium fully shielded to be only in that type of vicinity. It's actually the usage restriction it sounded like from the discussion that would be none the usage restriction area so that's, that's correct though.

on roadways for you, as well as body. we away restriction because of the concerns expressed by the Police Department the usage of LPS in, within intersections, I would ask for consideration that we remove this restriction. I don't know ifit'll be more appropriate in a form of an amendment.

CHAIR PONTANILLA: I think it would be more appropriate in a amendment form.

VICE-CHAIR MOLINA: Okay, I so move that we remove the restriction on Section .060 with regards to the usage of high pressure sodium within 50 feet of intersections.

33

PUBLIC WORKS COMMITTEE MINUTES Council ofthe County ofMaui

November 27, 2006

COUNCILMEMBER MATEO: Second.

CHAIR PONTANILLA: Moved by Member Molina, second by Member Mateo. Discussion? Just a point of clarification. Scott, can you clarify what would happen when we remove that particular item?

MR. JENSEN: Much has been mentioned ... it's my understanding that that would allow either of the two lighting systems to be installed without restriction, and in addition just for clarification I'm assuming that in asking that that language be removed you'd want it to be replaced with the word "none".

VICE-CHAIR MOLINA: Okay. That would, that would be fine, Mr. Chairman. So if we remove the restrictions then the Department can use LPS at certain intersections if they choose to do so and HPS in other intersections that gives 'em that more flexibility. Is that correct? I don't know if maybe Mr. Arakawa would like to comment on that?

CHAIR PONTANILLA: Mr. Arakawa.

MR. ARAKAWA: Actually I just had more of a question for clarification. If we have an existing street light which is not shielded high pressure sodium, I'm assuming that we, if we fully shield that existing street light we would then be in conformance with the bill as presently proposed.

VICE-CHAIR MOLINA: I believe we would be. So it's the shielding and not replacing the HPS bulb itself, yeah.

ARAKAWA: Yes. Is ... IS understanding correct?

to

CHAIR PONTANILLA: Thank you. ArIy more discussion on that? Okay, all in favor of the amendment please say aye.


CHAIR PONT ANILLA: Okay, motion is carried.

34

VOTE:

ACTION:


AYES:


November 27, 2006

Councilmember Hokama, Mateo, Vice-Chair Molina, and Chair Pontanilla. None. None. None. Councilmember Carroll.

MOTION CARRIED.

APPROVE AMENDMENT to main motion (Section 20.35.060 Table A remove Class IV high pressure sodium restriction with regards to roadways within 50 feet of intersections).

CHAIR PONTANILLA: Now back to the main motion as amended. Any more discussion on the main motion as amended? Member Molina.

VICE-CHAIR MOLINA: Yeah, thank you very much, Mr. Chainnan, and thank you for your recommendation to act on this today. I know it's been a long time coming. I know the item on lighting was first introduced to the Council back in 1999 and it reminds me of when we had our late Chainnan Pat Kawano was our Chainnan at the time. And I remember the, a lot of the discussions that went on. The Subcommittees involved a lot of people along the way, and it's been I guess six, close to seven years. So I'm glad to see that we're finally ... the wheels are starting to turn, and I think the bill has been significantly gutted from the first proposed bill. And I think in this case because of the many concerns that we've had both for and against the bill maybe we need at this point to take a baby step rather than a leap. So it's, it may not be the perfect bill for but at least it's a

I believe is the right direction. discussion of the has

proposed projects implementing shielded or lighting into So at very least it has spurred that type of consciousness our citizens who propose various housing projects for the island, and as Maui continues to grow we need to go in that direction to at least do something to protect our night sky. So I'll support the measure, Mr. Chainnan, as proposed. Thank you.

CHAIR PONTANILLA: Thank you. Members, any more discussion? Before the Chair calls for the question I'd just like to have a short two-minute recess. Recess . . . . (gavel) ...

RECESS: 11:25 a.m.

35


November 27, 2006

RECONVENE: 11:27 a.m.

CHAIR PONTANILLA: ... (gavel) . .. The Public Works Committee meeting is back in session. Thank you, Members, for that short recess. The Chair would just like to make a few comments on this here. I know this bill has been, in regards to outdoor lighting has been with us for a number of years and, you know, I look at Member Molina who chaired Public Works Committee the last what four years, and he's done a lot in regards to the outdoor lighting bill. I know it's a small step, but it's gonna improve the night light or night sky in Maui County. We not saying that we're opposing low pressure sodium as indicated by some members of the community. We've ... by including low pressure sodium as well as high pressure sodium fully shielded people have options to look at, and I think it's a win-win situation where we satisfy our Police Department who is so concerned in regards to Police safety, and we gotta take a look at their comments because they're the one's that provide safety in our community, and we need to be conscious of that. So I'm supportive of this outdoor lighting bill moving forward, and at this time I would like to call for the question. All in favor of the motion signify by saying aye.


CHAIR PONT ANILLA: Opposed? Thank you very much, Members. Motion carried.

VOTE:

PW-17

PW-39

PW-40

AYES:

NOES: ABSTAIN: ABSENT:

Councilmember Hokama, Mateo, Vice-Chair Molina, and Chair Pontanilla. None. None.

communication.

REQUIRING WIDER SIDEWALKS (C.c. No. 05-194)

CENTRAL MAUl LANDFILL (C.c. No. 05-281)

PARTIAL CLOSURE OF HALlA NAKOA STREET (WAILUKU) (CC. No. 05-288)

36

PW-73

PUBLIC WORKS COMMITTEE MINUTES Council of the Connty ofMaui

November 27, 2006

LEFT TURN LANE AT MAKAWAO AVENUE ONTO HALEAKALA HIGHWAY (C.c. NO. 06-251)

CHAIR PONT ANILLA: Members, we do have one more item on the agenda. (pause) Okay, as we near the end of our term as, you know, as the Public Works Committee Chair I would like to recommend that the following items be referred to the Council Chair for the term beginning January 2nd

, 2007, pursuant to Section 19 of the Rules of the Council. First item is Public Works Item 17, requiring wider sidewalks. Second item is Public Works Item 39, Central Maui Landfill. Third item is Public Works Item 40, partial closure of Hali'a Nakoa Street in Wailuku. Fourth item is Public Works Item 73, left tum lane at Makawao Avenue onto Haleakala Highway. Members, if there's no objection the Chair would like to move, provide this information to our Council Chair. Member Molina.

VICE-CHAIR MOLINA: Thank you, Mr. Chair. I have no objections to the referrals. If you permit me just to make a comment on one of the items.

CHAIR PONT ANILLA: Yes, go ahead.

VICE-CHAIR MOLINA: I guess on Item No. 73, the left tum lane at Makawao Avenue onto Haleakala Highway, I would encourage the people in the area to please participate in the discussions by calling the State DOT, as well as, you know, us here to expedite getting this matter addressed. I think it's been over a year since I met with our Public Works Department as well as the State, and discussions are, have been ongoing but it's progressed slowly so I think the more involvement we get from the community out there I believe we can get this matter expedited a little faster. And on a side issue there was suppose to have been a traffic light placed on Haleakala Highway would've situation and to date I given a status message is please

CHAIR PONTANILLA: Thank you, Member Molina. Members, any more discussion on this? Thank you very much. So we'll provide the Council Chair this four items for the upcoming Council.

COUNCILMEMBER HOKAMA: Chairman.

CHAIR PONT ANILLA: Member Hokama.

37


November 27, 2006

COUNCILMEMBER HOKAMA: On your behalf then I would make a motion that Public Works Items 17,39,40, and 73 be referred to the new Council, the Council Chair for the term beginning January 2nd

, 2007.

CHAIR PONT ANILLA: Any second?

VICE-CHAIR MOLINA: Second.

CHAIR PONTANILLA: Okay, moved by Member Hokama, second by Member Molina. Any more discussion? All in favor say aye.


CHAIR PONT ANILLA: Thank you very much.

VOTE:

ACTION:

AYES:


Councilmember Hokama, Mateo, Vice-Chair Molina, and Chair Pontanilla. None. None. None. Councilmember Carroll.

MOTION CARRIED.

Recommending REFERRAL of communications to the Council Chair for the term beginning January 2, 2007.

we've our agenda a baseyard on H,"'Hv,n.<U

COUNCILMEMBER HOKAMA: All right.

CHAIR PONT ANILLA: You guys have any communications? Member Mateo.

COUNCILMEMBER MATEO: Chairman, thank you very much. And I believe this is your Committee's last meeting for this term.

CHAIR PONT ANILLA: I believe so.

38


November 27, 2006

COUNCILMEMBER MATEO: Yeah. Ijust wanted to take the opportunity at this point not because we just got a Molokai Baseyard, but the Chairman has been quite fair and, and quite open in allowing us opportunities to bring to the Chair's attention Committee items that were important not only to our districts but to the entire County. And as the representative from the Molokai district, I would like to take this opportunity to thank the Chairman for being fair enough and giving us the opportunity to bring our issues forward and I congratulate you on a successful term. Thank you, Mr. Chair.

CHAIR PONTANILLA: Thank you, Member Mateo. Member Molina.

VICE-CHAIR MOLINA: Yeah, thank you, Mr. Chairman, and I echo the sentiments of my colleague from Molokai not because we got the outdoor lighting passed but you know ... (chuckled) ... as the previous Public Works Chair I know I, we, there were some big items that we, you know, couldn't address back then but we got addressed now. And I thank you for your leadership in this Committee on this, and I appreciate your openness and taking as much input from us as well to get the legislation passed.

CHAIR PONT ANILLA: Thank you. And I thank you for passing on those items to this year's Council. I really appreciated that. Thank you very much. Any more communications or recommendations or discussions? If not, this meeting is adjourned. .. (gavel) ...

11 a.m.

APPROVED:

OSEPH PONT ANlLLA, Chair Public Works Committee

pw:min:061127:yb Transcribed by: Yvette Bantilan

39

minutes public works committee november 27,2006 …

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