miues - maui county

INFRASTRUCTURE MANAGEMENT COMMITTEECouncil of the County of Maui

MINUTES

November 30, 2009

Council Chamber, 8 th Floor

CONVENE:

PRESENT:

9:04 a.m.

VOTING MEMBERS:Councilmember Bill Kauakea Medeiros, ChairCouncilmember Joseph Pontanilla, Vice-ChairCouncilmember Gladys C. BaisaCouncilmember Sol P. Kaho`ohalahalaCouncilmember Danny A. MateoCouncilmember Michael J. MolinaCouncilmember Michael P. Victorino

NON-VOTING MEMBERS:Councilmember Wayne K. Nishiki

STAFF: Michael J. Geers, Legislative AnalystCamille Sakamoto, Committee Secretary

ADMIN.: Milton M. Arakawa, Director, Department of Public WorksNolly Yagin, Civil Engineer, Engineering Division, Department of Public

WorksDavid A. Galazin, Deputy Corporation Counsel, Department of the Corporation

Counsel

OTHERS: Quinn Gonzalez (Item No. 35)Refugio Gonzalez (Item No. 35)Carolyn Moore, Principal. Doris Todd Memorial Christian School (Item No. 35)Mabel Todd, Board President, Doris Todd Memorial Christian School (Item No. 35)

Three (3) additional unidentified attendees

PRESS: Akaku: Maui Community Television, Inc.

CHAIR MEDEIROS: . . . (gavel). . . The Infrastructure Management Committee of the Councilof the County of Maui is now called to order. I am Councilmember Bill KauakeaMedeiros. I am the Chairman of the Infrastructure Management Committee. Alohakakou and welcome to everyone. Good morning. At this time I would like to introducethe Members that are present this morning. We have the Committee Vice-Chair JosephPontanilla. Good morning, Joe.

VICE-CHAIR PONTANILLA: Good morning. Good morning.

INFRASTRUCTURE MANAGEMENT COMMITTEE MINUTESCouncil of the County of Maui

November 30, 2009

CHAIR MEDEIROS: We have Member Gladys Baisa.

COUNCILMEMBER BAISA: Good morning, Chair.

CHAIR MEDEIROS: Good morning. Thank you for being here. We have the Vice-Chair ofthe Council, Mr. Danny, I'm sorry, Mr. Michael Molina.

COUNCILMEMBER MOLINA: Good morning, Chair.

CHAIR MEDEIROS: We have the Chair of our County Council, Mr. Mateo.

COUNCILMEMBER MATEO: Good morning.

CHAIR MEDEIROS: We have Member Sol Kaho`ohalahala.

COUNCILMEMBER KAHO`OHALAHALA: Good morning, Chair.

CHAIR MEDEIROS: Good morning. We have Member Michael Victorino.

COUNCILMEMBER VICTORINO: Good morning, Chair.

CHAIR MEDEIROS: Good morning. We also have Non-Voting Committee Member,Mr. Nishiki.

COUNCILMEMBER NISHIKI: Good morning.

CHAIR MEDEIROS: Good morning. Thank you, Members, for being here bright and earlyafter the Thanksgiving weekend. Hopefully, everyone enjoyed their Thanksgivingweekend. We also...I also...the Chair would also like to introduce the members from theAdministration and our Committee Staff Present with us this morning from theDepartment of Corporation Counsel we have Mr. David Galazin. Good morning, David.And from our Department of Public Works we have Director Arakawa. And, DirectorArakawa, would you introduce your other staff member, please?

MR. ARAKAWA: Thank you, Mr. Chair. With me this morning is our County TrafficEngineer, Nolly Yagin.

CHAIR MEDEIROS: Thank you and welcome. From our Committee Staff we have ourCommittee Secretary, to my left, Camille Sakamoto. And we have our CommitteeLegislative Analyst Michael Geers.

Thank you, everybody for being here, again, bright and early. Today, Members, if youlook at your agenda we have three items scheduled for this morning's meeting. IM-24 isa bill to prohibit parking in Molokai; IM-35 is traffic safety measures in the area of Doris


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Todd Memorial Christian School in Paia; and IM-28, a bill to prohibit vehicles with agross vehicle weight greater than 10,000 pounds from operating on Vineyard Street, inWailuku.

First, Members, we're going to provide time for people to give their testimony. We dohave three, three people signed up to give testimony this morning. And before we dothat, we want to give the ground rules for our public testimony. And those are that youhave three minutes to give your testimony. A yellow light will indicate that you have30 seconds remaining and should conclude. Testifiers are requested to state their name,for the record, and to indicate who they are representing, if applicable. And before we dotestimony, Members, I would like to ask all of you, the Members and also members,people in the gallery, to turn off your cell phones or any other electronic devices that maycreate disruption of our proceedings this morning. That would be appreciated by theChair. Thank you.

And so, at this time, Members, we're going to allow for public testimony. And three, as Ihave said, are signed up before the meeting started. And first to testify on IM-35 isQuinn Gonzalez. Could we have you up please? Good morning and if you'll, you'll stateyour name for the record.

...BEGIN PUBLIC TESTIMONY...

MS. GONZALEZ: Good morning, I'm Quinn Gonzalez, mom of children at Doris Todd School.

CHAIR MEDEIROS: Okay. Proceed.

MS. GONZALEZ: As you may all be aware I'm the mom who has gotten together theinformation of our grave concern about the safety of our school in regards to vehicleaccidents. It's...I don't...do all of you have these photos or been familiar with the photosof accidents?

CHAIR MEDEIROS: Yes, those are all in the binders of our Members.

MS. GONZALEZ: Okay. It's not just fast driving, fender-benders, little accidents. Thetwo...the sets of two different photos have happened over annually. It has beenaddressed before in 2007. As a. . .little over a year has passed we have another near-fatalaccident involving the school. There are numerous documented and undocumentedincidences around the school resulting of speeding, loss of control of cars. As parents, aswe try and pull into the school to pick up our children, as we're pulling up Baldwin tomake a left into the school, there are what seems to be irate residents that are flooring it,zooming around us, cutting us off as we're trying to turn left into the school. It's, it's, it'sjust out-of-control traffic behavior.

I know that as Mr. Molina has provided, there are improved signs that are appreciated,but they are not sufficient. We need more. As I stated in my request, in light of the


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obvious endangerment to our children, we need those signs to be flashing, to be broughtup to a flashing grade. I have spoken to Nolly and Ty, and they said they're working onit, and I would like more concrete information as hearing your discussion of when thosewill be installed.

We are requesting that guardrails are installed. As you can see, impact has happened onthe school. One of the pictures of the second impact is where the children play from 8:00to 9:00. The children usually are there, one of them being my son and his best friend,where they have pretend dogs. The car entered that area because at 8:40, when the caraccident happened, just prior to that it started raining and the children were called in. Wecan't keep taking chances like this.

So that is why I am requesting, we are requesting, as a community, that the, the signs bebrought up to having flashing lights so that people see them, that that is a school zone;that guardrails be installed, feed speed back [sic] signs to be analyzed. I know there's atemporary one there now. I don't know how we're...who's analyzing to see if that ishelping slow down the traffic. Raised crosswalks — I know there's been issues withthose. I would like to continue following up on that, on, on how we can get those and,and why we've been told we can't. Again, I just...I thank you for your time, and I wouldjust, I would like some dates of when we feel this is going to continue progressing. And Iappreciate everyone here who's heard my heart prior to today.

CHAIR MEDEIROS: Okay. Thank you, Ms. Gonzalez, for your testimony. Would you remainthere please if the Members have questions? And I just want to thank you for yourcorrespondence and the photographs which helps us to see a more direct picture of what'sgoing on. So, at this time, Member Molina would like to ask some questions. MemberMolina?

COUNCILMEMBER MOLINA: Thank you, Mr. Chair and good morning, Ms. Gonzalez.

MS. GONZALEZ: Good morning, Mr. Molina.

COUNCILMEMBER MOLINA: Thank you for, for being here.

MS. GONZALEZ: Thank you.

COUNCILMEMBER MOLINA: Just basically, I wanted to add a few more things. You'dmentioned in your testimony about the signage, but we had a phone conversation, and Idid mention to you, I do have a public document in the Fiscal Year 2009 Budget, theprevious Council allocated $35,000 for a flashing light and raised crosswalk, and I'll readit verbatim, just into the public record, so...just so your fellow parents --

MS. GONZALEZ: Right.


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COUNCILMEMBER MOLINA: --and other school officials know that this Council did theirpart, okay. It says here in the provido [sic] in the budget document: Provided that$35,000 be used for raised crosswalk and flashing light on Baldwin Avenue in front ofDoris Todd School. So I just want to make that real clear --

MS. GONZALEZ: Because you saw the validity and it...

COUNCILMEMBER MOLINA: --that the Council...yeah.

MS. GONZALEZ: Yeah.

COUNCILMEMBER MOLINA: Well, that's right, but...

MS. GONZALEZ: Definitely. You did see the validity.

COUNCILMEMBER MOLINA: But, but...

MS. GONZALEZ: And I'm wondering where it is.

COUNCILMEMBER MOLINA: Excuse me, let me finish please.

MS. GONZALEZ: Yeah.

CHAIR MEDEIROS: Yeah, Ms. Gonzalez, let the Member ask...

COUNCILMEMBER MOLINA: I just want you to know because you didn't mention it in yourtestimony, and we had that conversation. So 1 just wanted you as well as the members ofpublic to know about what this Council did. And the Members of that Council, at thetime, were myself, Mr. Mateo, Mr. Pontanilla, Mr. Medeiros, Ms. Baisa, Mr. Victorino,Ms. Johnson, and also former Council Members Hokama and Anderson. So I just wantedto point that out. Thank you, Mr. Chairman.


CHAIR MEDEIROS: Thank you, Member Molina. Other, Members, any questions for thetestifier at this time? Seeing none, thank you, Ms. Gonzalez, for being here this morningand for your testimony.


CHAIR MEDEIROS: Okay. Next to testify, Members, on...also, on Item IM-35, is RefugioGonzalez. I'm sorry if I mispronounced your first name. Good morning.

MR. GONZALEZ: Good morning. Thank you, Chair, and good morning, Members. Iappreciate your time to let us speak.


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CHAIR MEDEIROS: And would you give your name for the record?

MR. GONZALEZ: My name is Refugio Gonzalez from Haiku. I am husband of Quinn, fatherof three children at Doris Todd. I would like to impress upon you, please, that DorisTodd Christian, Doris Todd Memorial Christian School is an institution of Maui and hasbeen for many, many years. We are raising generations of children there and now theirlife and safety is threatened by the vehicular traffic that has increased on what hasbecome an artery, and people driving in an unsafe fashion through a school zone.

So what's really coming down is the question of when, not if, when those safetymeasures will be installed and the step, as Council Member Molina has pointed out, to dothe raised cross, crosswalks and the signs has already been taken, what's the next step?Can we go to the, to the guardrail step? And I estimate about 1,250 feet of guardrailwould be much needed to protect the life and safety of the children in that area.

In addition to the frontage of the school, every classroom in that school walks to theBoteilho gymnasium, about half a block away, and that stretch of highway is open withpoor sidewalks, poor traffic management. And I...the 1,250 feet of guardrail, I estimate,would also serve that walk distance to achieve the safety of the children to thatgymnasium, which gets used every day by the students on that campus.

So coming back to the big picture, it's a life and safety question of children who areinnocents, who need our adult guidance to protect them, and it's really just a direction ofgovernment assets, of County assets. Do we put a guardrail in this location or don't we?And when? And can we afford to? So I appeal to the Council, please to allocate thosedollars so that we can have the safety of the children guaranteed. I'm sure that many ofyou have had family that have attended Doris Todd, if you haven't yourselves, and it is aschool that we are very proud to be a part of and look forward to looking out for thesafety of the children. Thank you for your time.

CHAIR MEDEIROS: Thank you, Mr. Gonzalez, for your testimony and for being here thismorning. Members, any questions for Mr. Gonzalez? Member Pontanilla?

VICE-CHAIR PONTANILLA: Thank you. I'm just curious in regards to all of this speedingcoming down the hill and going up the hill, have the Police Department ever put upa...you know, one of those signs that they have monitoring how speed people are comingdown or going up the hill, and have the Police Department monitor the traffic frontingDoris Todd?

MR. GONZALEZ: The answer is yes. We do receive the speed notification signs, thoseelectronic laser signs only after a life threatening accident happens, and then, you know,things get calm and they go away. The Police Department has asked us to watch them forthem, to give feedback on what the numbers are, what the speeding numbers are, and alsoto watch them because they get vandalized. So obviously it's a traffic system that is


November 30, 2009

useful, but isn't being completely...isn't addressing the, the problem completely. Sothere is a use for it. It is being used. I do see them implemented and people do slowdown. Twenty miles an hour is a lot slower than anybody thinks. I've caught myself.I'm doing 30, and all of a sudden I'm going, oh, wow, I'm going faster than I should be.

So it is there and the...one of the sergeants, Singsank, offered us a traffic review of allviolations in that area over the last few years. There have only been seven speedingtickets. A lot of other manini violations, but you would think, wow, there's a lot morespeeding going on than seven over the years. Is there enough enforcement? And, ofcourse, I'm the first one to say, hey, parents if we call in for enforcement we're going tobe the first ones to get tickets, because we're the ones going up and down that street mostof the time.

VICE-CHAIR PONTANILLA: Well, thank you. I think you answered my question. Thankyou, Chairman.

CHAIR MEDEIROS: Thank you.

MR. GONZALEZ: Thank you, Councilman.

VICE-CHAIR PONTANILLA: Yeah. Thank you.

CHAIR MEDEIROS: Thank you, Member Pontanilla. Any other questions, Members? I have aquestion, Mr. Gonzalez --

MR. GONZALEZ: Yeah.

CHAIR MEDEIROS: --and I meant to ask your wife this question, but in her correspondence.and you brought up the...you mentioned the police. In her letter she did request a reportfrom the Police Department about the number of accidents, and so forth. Are youaware...ma'am, you have to remain there for now. Are you aware if you received thatreport from the police?

MR. GONZALEZ: Yes, we did.

CHAIR MEDEIROS: Okay.

MR. GONZALEZ: I just saw it in email form this morning.


MR. GONZALEZ: So we could forward it to you, if you like?

CHAIR MEDEIROS: Okay. Members, any of you would like to have...because that was justreceived this morning, so it's not in your binder. Would you want the testifier to reveal


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that report they received? So, ma'am, if you would give your husband that report, and hecan let the Members know what the report states.

MR. GONZALEZ: I have...

CHAIR MEDEIROS: Okay. Back to the mic.

MR. GONZALEZ: I, I have a document of two pages. Technically, it's only one page. Theback page is blank, but it is in light gray print. I can submit it to this...the Council foryour copying.

CHAIR MEDEIROS: Okay. Would you submit it to our Staff there, and they can make copiesfor our Members. Thank you for that report. Member Molina, you had additionalquestions?

COUNCILMEMBER MOLINA: Yeah, thank you, Chairman. And thank you, Mr. Gonzalez. Iwant to thank you and your wife for taking the lead on this. I think your wife mentionedthat during certain periods you have irate residents or motorists coming down there. Doyou know, offhand, pretty much what times are... is this also occurring in the afternoon aswell, when school is out?

MR. GONZALEZ: Well, our time of exposure is in the morning at drop-off, and I think it'smore in the afternoon is when I see the, the people. I hate to pinpoint Skill Villageresidents, but they're the ones that jet around us and dart into the side streets in verydangerous driving fashions. They cross over double yellows. They get very exasperatedin having to wait. As any school, when there's pickup time, traffic backs up, you know,six, eight cars, and then the traffic coming down Baldwin won't permit cars to turn in, soit builds up, not often, but enough to make some people do some rash things.

COUNCILMEMBER MOLINA: Okay. Thank you.

MR. GONZALEZ: Thank you.

COUNCILMEMBER MOLINA: Thank you, Chair.

CHAIR MEDEIROS: Thank you. Member Baisa?

COUNCILMEMBER BALSA: Yes, and thank you very much, Mr. Gonzalez, for being here thismorning. I can imagine it's kind of terrifying to, you know, be waiting for something tohappen and watching the cars speed by. I just wanted to tell you that, you know,speeding is an issue, and I get more calls about speeding any, more than any other trafficcondition from my district, from your district, from every district. Chair, are we going tohave somebody from the Police Department come this...later?


November 30, 2009

CHAIR MEDEIROS: Member Baisa, we, we didn't, I believe. Staff, did we send a request formember, representative from the Police Department? And I think the reason we didn't isbecause we didn't have a report from them at that point, but, Staff?

MR. GEERS: Chair, no one from the Police Department was specifically requested to come.We did ask for additional information that you have in front of you and that was justpassed out.

CHAIR MEDEIROS: Right. Yeah, at that point, we didn't request, and we...you know, wewere maybe remiss in not doing so, but --

COUNCILMEMBER BAISA: Chair...

CHAIR MEDEIROS: --the email received this morning, copies will be made and distributed.

COUNCILMEMBER BAISA: This email, I'm assuming, is, is relative to this particular area?

CHAIR MEDEIROS: It's relative to the Doris Todd School zone area, correct.

COUNCILMEMBER BAISA: Okay. Well, at some point, I really would like to have the policein on a discussion about speeding.


COUNCILMEMBER BAISA: Because this is becoming a problem all over the island, and like,like, I'm sure Doris Todd has this issue, the other schools do too. And it's not justschools, it's everywhere. So I'd like to thank you and your wife very much for, youknow, putting your energy...you know, this is how things happen when somebody makesit their, their business. You know, believe it or not, I was...I spent my very early daysliving in Skill Village. I don't live there anymore, so no, no problem with, you know,you mentioning, but I can imagine wherever the residents are and there is a school whenthe traffic gets backed up it becomes an issue. And maybe we, as a Council, need to lookat this in a broader sense of the problem with speeding and how do we keep our kids safe.So thank you very much. And thank you, Chair, for bringing up this matter.

MR. GONZALEZ: Thank you, Council Member.

CHAIR MEDEIROS: Thank you, Member Baisa. Members, any other questions for thetestifier? Seeing none, thank you, Mr. Gonzalez, for being here this morning and foryour testimony. The next person signed up to give testimony this morning is...will alsogive testimony on IM-35 and that will be Carolyn Moore. Ms. Moore, would you comeforward please and state your name?

MS. MOORE: Good morning, Council Members and Chair. My name is Carolyn Moore, andI'm Principal of Doris Todd School, and I've been with the school since 1971, when all


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the plantation villages were still there and moving into Dream City. I've been Principalsince 1981. And back when the villages were still around the school, there's a lot oftraffic, but people were more responsible, and I really feel the problem is that peopledrive recklessly without thought of hurting someone else. When this last accidenthappened it was an 18-year old kid speeding up Baldwin Avenue, and he had a surfboardin the back of his pickup. We think he was...had been down at the beach and was on hisway home. He lived in Pukalani. He wasn't in Skill Village, but we do see a lot peoplein Skill Village who are just very reckless drivers. In fact, the last accident we had wassomeone who lived right there in Skill Village, and it was estimated that he had to bedriving 55, 60 miles an hour to do the damage that he did, and he came into the corner ofour main building in that accident in 2007.

I do have...we have parents this morning who were sitting at the speed feedback sign justbelow our school, and this is from 7:30 to 8:00 this morning. If you would like to havethis copy you may, and there are, I think I counted seven cars just in that short time thatwere driving 40 miles an hour or over. I have no idea at the end of the day, because itwill be there until 2:30 I think, how fast people will be going. But it's all day long. Myoffice fronts Baldwin Avenue, so I hear the cars going up and down.

The accidents that have impacted our school have been drivers coming up. There's anS-curve below the school, and they are driving too fast. They can't control their vehicle.They hit...usually they hit the curb across from us and ricochet back to our side. Andpart of the problem is, over the years, I don't know maybe, you know, how long thatsidewalk has been there --

COUNCILMEMBER BALSA: Forever.

MS. MOORE: --at least since the '60s because that was the first time I was on Maui, and it'sbeen there a long time. And as Baldwin Avenue has been repaved the street is higher andthe curb is not. And so, there's not much of a curb to stop traffic anymore. And I knowthat Public Works told me the next time they repave the road that they will, you know,dig it out and lower the road. I have no idea when that will happen. In the meantime,there is a problem. Our school has been proactive, and we know the wheels ofgovernment turn slowly, and we had a generous donation earlier this year from JohnnyBaldwin and his wife, and the money was used for their specified purpose, but there wasa large sum left that has been used now for building a rock wall, 240 linear feet, 5-footheavily reinforced rock wall that, you know, can protect our children.

We know that no matter what you do to calm traffic there still could be that very careless,reckless driver who could endanger the lives of children. And every letter I've sent toPublic Works, and I'll read the statement at the end. Speed...

CHAIR MEDEIROS: Ms. Moore, yeah, the red light is blinking.

MS. MOORE: I'm sorry.


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CHAIR MEDEIROS: So if you could conclude your testimony, please?

MS. MOORE: Speed kills and sadly someone may eventually be badly injured or killed alongthis section of the road. We pray that it will not be a child. It's not only our children, butthe children who live across the road from us that we're concerned about, who walk up toPaia School.

CHAIR MEDEIROS: Thank you, Ms. Moore, for your testimony and your presence thismorning. We'll ask the Members if they have any questions, and you're welcome tosubmit the report that you have to our Staff when you're done with answering somequestions. Members, any questions for Ms. Moore? Member Molina.

COUNCILMEMBER MOLINA: Yeah, thank you, Mr. Chair. Good morning, Ms. Moore. AndI just want you to know I got your letter, your recent letter, and we'll transmit that intothe binder. In your letter, you're mentioning about considering, I guess, relocating theplayground. Can, can you expound on that?

MS. MOORE: We are in the process of doing that. We're moving it further back from the roadas well as putting up the rock wall. And I would like to say that Councilmember Molinahas been very supportive and very helpful to our school over the years, and in this issue,and we really appreciated that and thank you --

COUNCILMEMBER MOLINA: Okay. Thank you.

MS. MOORE: --for that.

COUNCILMEMBER MOLINA: Thank you. Thank you, Chair.

CHAIR MEDEIROS: Thank you, Member Molina. Member Baisa?

COUNCILMEMBER BAISA: Thank you, Chair. Ms. Moore, thank you. Thank you for beinghere. By the way, the sidewalk's been there as long as I can remember, and I was born in1940, so it's been there a long time. What I wanted to ask you was how large is yourstudent body?

MS. MOORE: Normally, we have 140 students. Our enrollment's down. We have about 125right now.

COUNCILMEMBER BAISA: And they range in grades?

MS. MOORE: Preschool through eighth grade.

COUNCILMEMBER BAISA: So the full eight plus the Kindergarten?


November 30, 2009

MS. MOORE: Yes.

COUNCILMEMBER BAISA: Preschool?

MS. MOORE: Yes.

COUNCILMEMBER BAISA: Wow. Okay. Thank you very much. I was kind of trying to geta visual of the number of people there. Thank you.

CHAIR MEDEIROS: Thank you, Member Baisa. Any other Members, questions? MemberKahoòhalahala?

COUNCILMEMBER KAHOÒHALAHALA: Thank you. Just a question. I'm looking at aGoogle map of your school on Baldwin Avenue. Do you have any speed tables --

MS. MOORE: No.

COUNCILMEMBER KAHOÒHALAHALA: --or humps?

MS. MOORE: No.

COUNCILMEMBER KAHOÒHALAHALA: Okay.

MS. MOORE: There's a crosswalk that needs to be repainted, and they painted school on thepavement on the approach...both approaches to the school, put up green neon signage.

COUNCILMEMBER KAHOÒHALAHALA: Okay.

MS. MOORE: It would be good to have the speed table and the flashing lights. I think thatwould help.

COUNCILMEMBER KAHOÒHALAHALA: Okay. Thank you.

CHAIR MEDEIROS: Thank you, Member Kahoòhalahala.

COUNCILMEMBER NISHIKI: Mr. Chairman?

CHAIR MEDEIROS: Member Nishiki.

COUNCILMEMBER NISHIKI: Thank you. I, I want to try to see how true this letter is fromQuinn Gonzalez that previously spoken. Being that you are the Principal, I want topreface the November 6 th , 2009 letter sent to Mr. Danny Mateo. She goes on to say onNovember 5 th , 2009, my four-year old child was almost killed, schoolmates were almostkilled. Eleven faculty members were also at risk. Then in the third paragraph it goes onto say, this above incident this time was the result of a speeding pickup truck. As the


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driver attempts to pass another vehicle in front of our school he lost control, did a 180spin, and crashed throwing his truck over the school sidewalk, through the school fence,and into our preschool playground, which I think you're talking about relocating, andsandbox. The three- and four-year old preschool students of Doris Todd regularly play inthis area from 8:00 to 9:00 a.m. By accident...no, the accident occurred at 8:40 a.m.Due to unexpected rain the children were called inside. By the grace of God they weresaved from being slain by another reckless driver. And then she gives us the photos thatwere included in it. My question is were you there that day that this accident happened?

MS. MOORE: Yes, I was and talked with the young man. In fact, I scolded him for drivingrecklessly as a Principal would do, you know, and made him look at what he could havedone. Our children normally are out there.

COUNCILMEMBER NISHIKI: Yeah.

MS. MOORE: And they would have been, but they were inside making pumpkin soup. Sowe're very thankful that they were safe.

COUNCILMEMBER NISHIKI: That it rained?

MS. MOORE: Yes.

COUNCILMEMBER NISHIKI: The, the question is when you were asked about the playgroundbeing moved is the playground still there'?

MS. MOORE: They are no longer, they are no longer playing in that area at all. They're playingin a different area and the playground will be about ten to 12 feet behind the rock walland going back onto the campus. Our playground areas for our other students...most ofour new classrooms and the other playground structures are well back from the road, Iwould say 50, 60 feet. It would be difficult for a vehicle to get through all of that. Butwe wanted the preschool playground to be back as far as we could push it back and stillbe near the preschool.

COUNCILMEMBER NISHIKI: Yeah, and, and, and to me the, the next sentence are, are whatconcerns me. Parents are outraged and physically ill. Children are scared. My four-yearold son has not since returned to school. He tells me how he loves his school and misseshis friends, but he is "so afraid of the big boom sound and the car coming to get him."Our other son is in first grade, was witness to the accidents audibly and when he wasoutside saw emergency vehicles and panicked commotion. He stated, "I saw a crashtruck, police, ambulance, and fireman, and a broken fence. I did not see my little brother.I did not know what happened. I was scared. I am still scared." I know firsthand thereare many parents, children, and faculty losing sleep with their thoughts of what if.

Okay. This, this is my concern. We think, we think as adults that there is no profoundeffect on our children, and we don't know in the later years what they grow up and have


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fears of, and, and I can imagine, as a little child that fear, but I can imagine also theparents. So after this incident was there any kind of healing going on to deal with thesekids emotionally?

MS. MOORE: Yes, the preschool staff dealt with, with the children. I'm not aware of anylong-term trauma with any of the children. I know that the Gonzalez children did stayhome for a while, but the other...some of our older students actually went down andhelped to...with some of the cleanup so there was no trauma there and I think most of uswere just .. . (End of tape, Side 1A). . . thankful that no one had been injured and nowwhat can we do to protect our children. And, and the wall is amazingly...in fact, apreschool parent went through this morning, and he couldn't believe the wall is almostup. It's 5-foot high and 240 feet. And the men worked on it over Thanksgiving vacation,because we want everyone to feel like there is something there that will ensure safety forthem, that nothing can come through or intrude into where they might be in the future.So yes, we are dealing with it and letting children talk about it. Have we brought inpsychologists to talk to them? No, we haven't. We have not felt the need for that.

COUNCILMEMBER NISHIKI: Okay. I, I , I guess my concern is that that's a scar. And now,what are we going to do with it? And, and my question is, is this wall again false securitybecause you've had...this is not the first one?

MS. MOORE: No, the last one was at 4:30 in the afternoon. I was the only one left on campus,and it was someone living in Skill Village, and they came through the fence, through a lotof shrubbery, into the corner of our building where we have P.E. storage room. No onewas hurt except for the driver slightly, and he had a young toddler in the...he had a cabon his truck, and he had a toddler in a car seat behind him which, you know, makes youthink he's a father. Why was he driving so recklessly? And I think speeding is a, aterrible problem and reckless driving on Maui. And I, I hope that the Council will dowhat they can to deal with the problem. It isn't just in Paia, it's everywhere.

CHAIR MEDEIROS: Yeah, Ms. Moore...

MS. MOORE: I have heard people coming over --

CHAIR MEDEIROS: Ms Ms. Moore.

MS. MOORE: --from Oahu.. .

CHAIR MEDEIROS: Yeah, if you would confine your response to the question of the Member,please.

MS. MOORE: I'm sorry.

COUNCILMEMBER NISHIKI: Yeah.


November 30, 2009

MS. MOORE: Problem of a Principal.

COUNCILMEMBER NISHIKI: Yeah, no, and, and, and the question that I have is at one pointthat vehicle...oh, let me ask you this question. In these accidents, from what I can read,these are daytime accidents. These are not at night; is that true?

MS. MOORE: That's true.

COUNCILMEMBER NISHIKI: So 4:30, 8:00, 8:40, or whatever. Finally, did any vehicle getclose to a physical building and enter? I, I. I saw, I saw some pictures, but I wasn't sureif it actually got close to the building.

MS. MOORE: The accident, the accident in 2007 did impact the building. It was concreteblocks, CMU on the bottom, and wood paneling, and windows on about from here up,but he, he had a big truck, and it just went right through the CMU, right into the, into thebuilding.

COUNCILMEMBER NISHIKI: Okay.

MS. MOORE: With, with no insurance.

COUNCILMEMBER NISHIKI: Okay. Now, the, the, the lights have not gone up or the, the, asMr., Mr. Molina mentioned about that there is also a raised crosswalk. Ideally, what doyou want to see there? I mean this, this is, this has happened.

MS. MOORE: Yes.

COUNCILMEMBER NISHIKI: This is not speculation --

MS. MOORE: Yes.

COUNCILMEMBER NISHIKI: --anymore. So ideally you...that you'd like a guardrail? Isthat ideally what...

MS. MOORE: That would be helpful. That would definitely stop any vehicle from coming ontoschool grounds. It would be good to have calming devices though that would slowpeople down, because it's not just coming into our property that I'm concerned about, it'speople walking...people jog along that...the sidewalk there, they walk along the sidewalkall day long. And someone's going to be killed eventually if we can't slow people down.And to me a speed table, if people know it's there they are going to slow down, becausethey know they have to or they're going to damage their car. Flashing lights are anotherdevice I think that would be really helpful in calming traffic down.


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I'm not an engineer or a traffic expert, so I don't know what works or what the data is onthat, but I think all of those things would be helpful. In fact, I think they should be atevery school. I would love it --

CHAIR MEDEIROS: Ms. Moore...

MS. MOORE: --if the school zone signs were bigger.

CHAIR MEDEIROS: Ms. Moore, we're going to get a discussion with the Department andthose considerations will be discussed.

MS. MOORE: Okay.

CHAIR MEDEIROS: Yeah.

COUNCILMEMBER NISHIKI: Anyway I'm done. Thank you.

CHAIR MEDEIROS: Thank you, Member Nishiki. Any more questions, Members? Seeingnone...Member Baisa.

COUNCILMEMBER BAISA: Just one more quick question, Chair.

CHAIR MEDEIROS: Sure.

COUNCILMEMBER BALSA: Thank you. Ms. Moore. Do any of your students arrive by bus orare they all brought in by private cars?

MS. MOORE: They used to come by bus. In fact, MEO brought them for a long time. Most ofthem come in cars now, carpools.

COUNCILMEMBER BAISA: Thank you very much. That's really important because, youknow, the busing does help with all of the traffic.

MS. MOORE: It does.

COUNCILMEMBER BALSA: But then it's also expensive, I understand. Thank you verymuch.

MS. MOORE: Yeah, we keep working on it every year.

COUNCILMEMBER BAISA: Thank you.

CHAIR MEDEIROS: Thank you, Member Baisa. Ms. Moore, I have just couple questions. Ithink you did mention that there are posted the bright green neon signs that say schoolzone and the speed limit; is that correct?


November 30, 2009

MS. MOORE: Yes.

CHAIR MEDEIROS: Okay. And for parents that are dropping off their children or for facultymembers there's on-campus parking for them?

MS. MOORE: Oh, yes. Yes.

CHAIR MEDEIROS: Okay. So they, so they proceed onto the campus, and then they exit --

MS. MOORE: Yes.

CHAIR MEDEIROS: --after the drop-off

MS. MOORE: Yes.

CHAIR MEDEIROS: Okay. Thank you for your testimony this morning and for yourinformation that you provided.

MS. MOORE: Thank you very much for hearing us.

CHAIR MEDEIROS: Thank you. Okay. That's all we have signed up for testimony thismorning. Members, I'm going to ask if anybody in the gallery that has not signed upwould want to come up and give testimony. This is your opportunity to do so. Anyonein the gallery wishing to come up? I see some conversation there, some encouragementgoing on. Okay. Would you proceed to the podium? State your name, and if you'rerepresenting any organization. Good morning.

MS. TODD: Thank you. Good morning. My name is Mabel Todd, and I represent Doris ToddMemorial School, been part of the school for 52 years now. And I'm so glad that we'regetting this opportunity today to appear before you all. Mike Molina was in mypreschool. I have proof I have a picture. So I just want to say thank you, thank you forlistening, thank you for understanding and realizing our dilemma, and we appreciate justeverything that you'll be able to do for us. Much appreciation from me, from our parents,our students, our faculty, and everyone. Thank you.

CHAIR MEDEIROS: If you would remain there, ma'am, but thank you for your testimony andyour presence this morning. Usually we hear from Member Molina that he's been theteacher of someone, but now we hear that someone had him as a preschooler. So it'sgood to hear.

MS. TODD: Yes. That's right.

CHAIR MEDEIROS: Any questions, Members? Member Molina.


November 30, 2009

COUNCILMEMBER MOLINA: Thank you, Chair. It's nice to see you again, Ms. Todd. And,by the way, just...I wanted to add something else. Our current Housing Director,Ms. Tsuhako, was also a student. We were classmates.

MS. TODD: Oh, wonderful.

COUNCILMEMBER MOLINA: I think it was called Paia Baptist at the time.

MS. TODD: It was. It was, you're right. Oh, wonderful.

COUNCILMEMBER MOLINA: It's been many, many years ago, but thank you for cominghere. I appreciate it.

MS. TODD: Thank you.


CHAIR MEDEIROS: Any other questions, Members? Seeing none, thank you very much forbeing here again this morning.

MS. TODD: Thank you.

CHAIR MEDEIROS: Okay. Members, the Chair will offer the last opportunity for those thatdid not sign up or did not testify yet to come forward if they want to testify. And,Ms. Sakamoto, she needs to sign the paper, the last testifier, okay, with you or at thedesk? Okay. Ms. Todd, if you...on your time would you go back to the desk, andthey'll...you'll sign a paper that you testified with your information. So seeing no onecome forward to testify, Members, without objection the Chair will close testimony.

COUNCIL MEMBERS: No objections.

. . .END OF PUBLIC TESTIMONY.. .

CHAIR MEDEIROS: Thank you, Members. So ordered.

ITEM NO. 24: BILL TO PROHIBIT PARKING IN MOLOKAI DISTRICT (SECTION10.48.040, MAUI COUNTY CODE, PERTAINING TO STOPPING, STANDING ANDPARKING) (C.C. No. 09-23 I)

CHAIR MEDEIROS: So at this time, Members, if you take a look at your agenda we do havethe three items. And our first item will be IM-24. And IM-24 is a bill to prohibit parkingin the Molokai District. And at this time...and that would be on Alohi Street on Molokai.And at this time, I'm going to ask the Director of Public Works to give us an overview ofthis item. Director Arakawa.


November 30, 2009

MR. ARAKAWA: Thank you, Mr. Chair. The bill before you pertains to an April 17, 2009letter from Council Chair Danny Mateo to prohibit parking on both sides of Alohi Streetfrom its intersection with Kamoi Street for a distance of 200 feet to the east. Alohi Streetis located in Kaunakakai town and along this segment of Alohi Street the post office islocated on the north side of the street while there are commercial land retail uses on thesouth side. On-street parking is currently allowed on both sides of Alohi Street. Frompavement edge to pavement edge this segment of Alohi Street is 22 feet wide. So whenvehicles are parked on the street traffic flow does get impeded.

We did take this request to the Traffic Safety Council. They reviewed the request andunanimously supported the request at their meeting of August 4, 2009. We have drafteda bill, which is entitled "A BILL FOR AN ORDINANCE AMENDING SECTION10.48.040, MAUI COUNTY CODE, PERTAINING TO PROHIBITED PARKING INMOLOKAI DISTRICT". And your review and consideration of the proposed bill isrespectfully requested.

CHAIR MEDEIROS: Thank you, Director. At this time, the Chair will open the floor fordiscussion and questions, and I'd like to offer that first opportunity to the arearepresentative, Council Chair Mateo.

COUNCILMEMBER MATEO: Mr. Chairman, thank you very much and, Mr. Arakawa, thankyou very much for the information as well. Mr. Chair, I've also provided severaldocuments, one being an area map that is highlighted with where Alohi Street is actuallylocated on. And I did include additional photographs in the packet so the Members canactually see how, how small this street actually is. And I think if you take a look at both,at primarily at the last picture on page...the third picture on Page 3 of photos, you willsee that that truck on the left is exiting the post office, and with, with a car parked on theopposite side of the street that little very small roadway does become very difficult tomaneuver in. And this is a rather busy area because it is the one exit out of theKaunakakai Post Office. It is also... it also serves as an exit as well as an entrance to theKamoi Business Center, which is where the Molokai Drugs is located as well as severalother business including our dialysis center as well.

So this is a rather busy little roadway and just having cars parked along the sides of theroadway definitely does provide problems for the rest of our residents. And we havebeen in discussion with Mr. Arakawa. We have had several inquiries from the residentsof Molokai expressing concerns of this one short part of the roadway. So myself, I wouldbe very supportive of the proposed bill that had been submitted, and I'm requesting thatthe Members also consider the support of the bill as well. Thank you, Mr. Chairman.

CHAIR MEDEIROS: Thank you, Council Chair Mateo. Members, any other further questionson this? Seeing none, the Chair...first of all, before the Chair offers a recommendationany, any responses, Director Arakawa?

MR. ARAKAWA: No, Mr. Chair, I have nothing further to add.

INFRASTRUCTURE MANAGEMENT COMMITTEE MINUTESCouncil of the Count) of Maui

November 30, 2009

CHAIR MEDEIROS: Okay. Thank you, Director Arakawa. So, at this time, Members, theChair will entertain a motion to recommend passage of the proposed bill and the filing ofthe communication.

VICE-CHAIR PONTANILLA: Mr. Chairman, I move to adopt the proposed bill, a bill for anordinance amending Section 10.48.040, Maui County Code, pertaining to prohibitedparking in Molokai District, and also the filing of County Communication No. 09-231.

COUNCILMEMBER MATEO: Mr. Chair, and I second the motion.

CHAIR MEDEIROS: Thank you. It's been moved by Member Pontanilla, seconded byMember Mateo. Any further discussion on this motion? Seeing none, the Chair will callfor the question. All in favor of the motion signify by saying "aye".

COUNCIL MEMBERS: Aye.

CHAIR MEDEIROS: And all opposed say "n

VOTE: AYES: Councilmembers Baisa, Kaho`ohalahala, Mateo, Molina,Victorino, Vice-Chair Pontanilla, and Chair Medeiros.

NOES: None.

ABSTAIN: None.

ABSENT: None.

EXC.: None.

MOTION CARRIED.

ACTION: Recommending FIRST READING of bill and FILING ofcommunication.

CHAIR MEDEIROS: Okay. Unanimous. We have seven ayes and zero noes. Thank you,Members.

ITEM NO. 35: TRAFFIC SAFETY MEASURES IN THE AREA OF DORIS TODDMEMORIAL CHRISTIAN SCHOOL (PAIA) (c.c. No. 09-325)

CHAIR MEDEIROS: At this time, we shall proceed to the second item on our agenda. Thesecond item is item IM-35. And that's relating to traffic safety measures in the area ofthe Doris Todd Memorial Christian School. At this time, I'd like to have the Director ofPublic Works, Director Arakawa, give us an overview of this item.


November 30, 2009

MR. ARAKAWA: Thank you, Mr. Chair. This matter stems from a November 13, 2009communication from Council Chair Danny Mateo transmitting a letter from Ms. QuinnGonzalez requesting assistance in installing immediate safety measures on BaldwinAvenue in the vicinity of Doris Todd Memorial Christian School.

In terms of the general site conditions, we, we do note that there is a gradual downhillslope on Baldwin Avenue, basically all the way from Upcountry Makawao down tocoastal Paia. The segment of Baldwin Avenue where the Doris Todd Memorial ChristianSchool is located is fairly straight; however, if you're coming from the Upcountry areathere is a slight curve near the Paia Gym, then the road extends fairly straight adjacent toSkill Village and the Doris Todd Memorial Christian School. And as was noted in thetestimony, testimony earlier, as you pass the school there's a curve near the Hawaiian Telsubstation and another curve heading makai toward the old Paia Mill site.

Vehicular speeding has been a continuing issue in this location and one of the factorscontributing to speeding issues is the gradual down slope. And of course, the other issuebrought up by the, you know, Principal, Ms. Moore this morning was, you know, there'sbeen an increasing number of accidents where people are going actually uphill and causethese accidents. Speed limit signs were installed a couple of years ago--this is thefluorescent green warning--to warn drivers that this is a 20-mile per hour school zone.However, as evidenced by the recent communication, speeding is still a concern in thisarea.

We have reviewed the possibility of installing a speed table or a raised crosswalk near theschool; however, Baldwin Avenue is considered a regional collector road, and it is notconsidered appropriate for speed tables or raised crosswalks. Because of the down slopein the area we are very concerned that the installation of speed tables or a raisedcrosswalk may present an even greater hazard for motorists, pedestrians, and adjacentproperty. Traffic calming measures only aid in encouraging motorists to slow down. Ifthey slow down, then it works, but if it doesn't...if a motorist unknowingly or evenknowingly drives a speeding vehicle over a speed table the chances of the motorist losingcontrol of the vehicle is enhanced. Thus, in these types of situations a speed table orraised crosswalk may increase the likelihood of an accident or may increase theseriousness of an accident. In short, there is a limit to utilizing engineering measures tocurb or control speeding.

Before the most recent accident at the school, we did have a chance to discuss this matterwith the school administration and what the parties agreed to, at the time, was aninstallation, first, of speed feedback monitors. These are the electronic signs, and thesewill be permanent electronic signs which would show a driver the speed at which he istravelling. We are also installing a flashing pedestrian crossing light. Basically how thisworks is when a pedestrian wants to cross the road he or she presses a button whichactivates a flashing light which would warn drivers that pedestrians would be crossing.All of this foregoing, foregoing hardware has been ordered, and we anticipate that the


November 30, 2009

improvements should be in place by early next year. We look forward to the installationof these improvements and are hopeful that this will address at least some of the concernsregarding speeding along this segment of Baldwin Avenue. That concludes mycomments.

CHAIR MEDEIROS: Thank you, Director Arakawa. And, first of all, on the discussion of thisitem, I'd like to offer the opportunity to the area representative, Member Molina.

COUNCILMEMBER MOLINA: Thank you, Mr. Chairman, for that privilege. But before I askmy questions I know it was...the matter was submitted to...by Council Chair Mateo, soI'd like to extend him the courtesy. Also, I want to thank you, Mr. Chairman, forbringing this matter to the attention of the Committee in such an expeditious matter, butI'll, I'll allow Chairman Mateo to open up.

CHAIR MEDEIROS: Thank you. Chairman Mateo, please.

COUNCILMEMBER MATEO: Chairman, thank you very much and, Mr. Molina, thank youvery much. My, my questions would, unfortunately, have to deal with whether or not thePolice Department had been involved in addressing any of the issues that had beenbrought up within notice by the Doris Todd's communication to us. And with the PoliceDepartment not being available, Mr. Chair, perhaps, Mr., Mr. Arakawa, were you able tohave any discussions with the Police Department, whether it be their Traffic Departmentor Bureau in obtaining information relative to some of the concerns that had beenaddressed by Doris Todd?

MR. ARAKAWA: Councilmember Mateo, I haven't spoken with the Police Departmentpersonally on this particular item. Generally, what happens is that if there are citizencomplaints regarding speeding--and as was mentioned, speeding is a fairly widespreadissue among many of the County citizens--we typically would ask the, the PoliceDepartment to at least do some spot enforcement. We realize they can't be there 24/7,but we asked the Police Department to do spot enforcement in which, which case theyusually try to fit that in within their schedule, their scheduling.

COUNCILMEMBER MATEO: Okay. Thank you. And, Mr. Chair, my reason is...for asking isbecause we're not talking about one accident, we're not talking about two accidents.We're talking about a series of accidents within the last number of years. And I guessbecause the chain link fence was there only psychologically, because it does not stop avehicle, it does not stop a truck, and I would have, I would have hoped that a resolvewould have been forthcoming a lot earlier than having it come to Council for us to be thedirecting force.

So I thank you for the opportunity. I'm glad we had the opportunity of just being able todiscuss this particular item. And just for information purposes, I'm very familiar withthis area. When we were younger my home, that we used to live in, is located at thatmango tree directly in back of Doris Todd. So we walked this roadway. And, yes,


November 30, 2009

because this is a very short speedway between the old gym area, that turn by the, belowthe gym area and getting down to the turn right below the school, that is a straightawaythat a lot of people just fly at. So I still have concerns, and I'm hoping that the redflashing lights will kind of deter people from speeding, but I think it's not as effective asactually having a uniformed individual out there as well with, with a vehicle. So thankyou, Mr. Chair, and thank you, Mr. Molina.

CHAIR MEDEIROS: Thank you, Council Chair Mateo. And before I recognize MemberMolina, I think along with the members representing Doris Todd School I got a very lastminute email, just as we were starting the meeting, from the Police Department, and I justwant to share that information with you, if it's a little different from what was submitted.But the information says motor vehicle crashes at or near Doris Todd School betweenJanuary 1 st, 2007 and November 18, 2009, there were eight calls for motor vehiclecrashes received during this period for the area at or near Doris Todd School, which is at519 Baldwin Avenue. Four calls were identified as minor vehicle crashes, three callswere for major crashes, and one was a civil crash. So as Council Chair Mateo justmentioned, it wasn't just for one accident that concerns were raised, but several accidentsin a fairly short period of time, two years. So I just offer that for your consideration.Member Molina?

COUNCILMEMBER MOLINA: Thank you, Chair, and thank you for sharing that informationas well. And, you know, all it takes is just one major accident, you know, involving ayoung child or adult, so we need to act now. Question is for the Director. Mr. Arakawa,in your explanation of why a speed table would not work I'm having a little difficultyunderstanding, you know, because just from hearing your explanation it sounds like we,we're more interested in protecting the motorists rather than, you know, the people wholive there or the people that go to the school, but I guess you have to follow whatevernational standards there are. I'm just being honest.

And, Members, you've been handed out a, a page from the Fiscal Year 2009 Budget,which shows that proviso that the previous Council had allotted that monies for of whichI'm very thankful to my, my colleagues who were on the Council at that time. Myquestion to the Director is how come it's taken this long, because those monies weremade available in July of 2008, and here we are November 2009, and I guess theengineers have been out, based on requests from the Principal and some of the parents,but, you know, nothing's been done at least in terms of the flashing lights. I know there'sa flashing light in front of, like, Lihikai School and that seems to be real effective, and Iknow we're talking about putting a speed board now, which is fine. But it's just that, youknow, why has it taken, you know, until now for us to...as Chairman Mateo had said, wehave to come to this point where we're discussing this? Because, to be honest, when wehad allotted that money, Mr. Chairman, boom. You know, when it comes to a school weshouldn't wait on this kind of stuff. So I'd just like to ask the Director for his comments.

CHAIR MEDEIROS: Director Arakawa?


November 30, 2009

MR. ARAKAWA: Councilmember Molina, we, we certainly realize the, the seriousness of thesituation and as you mentioned there is that proviso in the budget. We did take sometime to try to see if we could even try to justify installing, you know, either a speed tableor a raised cross...crosswalk in that area, but we did decide, after our internal analysisthat we really should not. And we thought that we should at least discuss the matter withthe school, as well, and try to come up with a solution. And we realize it, it did take awhile to come to this point, but we are here, and we are ready to install the speedfeedback monitors and the, and the flashing lights hopefully early next year. So, youknow, if it took a long time we apologize for that, but there are a number of, you know,people that we had to talk with and try to do our own internal analysis as to see...to seewhat's appropriate.

CHAIR MEDEIROS: Thank you, Director Arakawa.

COUNCILMEMBER MOLINA: If I could ask one more question, Mr. Chair?

CHAIR MEDEIROS: Sure go ahead.

COUNCILMEMBER MOLINA: Mr. Director, you heard in the testimony about the suggestionof a guardrail. Any response to that and any...what type of cost we're looking?

MR. ARAKAWA: Councilmember Molina, let, let me give you a more generic answer to that.Basically guardrails are...and anything we do on a County road we need to consult whatthe national standards dictate. Guardrails are basically intended to try to keep vehiclesfrom hitting any kind of roadside obstacles or if there's a, a gulch, or any kind of otherravines, to prevent vehicles from falling into those ravines, but it's not intended to take afull frontal force of a moving vehicle, you know, at high speed. And the guardrails itselfare considered an obstacle and there have been instances where, you know, vehicles havehit guardrails and the guardrails themselves have contributed to the causes of theaccident.

So the main...and in this case guardrails would not be warranted in front of the school.So if, if it is installed there and if there is an accident that occurs, one of the firstquestions that would be raised is why did the County install it when it didn't meet, youknow, the applicable standards?

COUNCILMEMBER MOLINA: Okay. Thank you. I'll have other questions later, Mr. Chair,but I'll yield the floor to my fellow colleagues.

CHAIR MEDEIROS: Thank you, Member Molina. Any other questions?

COUNCILMEMBER VICTORINO: Chair?

CHAIR MEDEIROS: Member Nishiki followed by Member Pontanilla.


November 30, 2009

COUNCILMEMBER NISHIKI: We really need to listen to what was being said by the PublicWorks Director and only because if you look at County and State highways, and you seewhere guardrails have been put up, Mr. Chairman, you look on Honoapiilani as youcoming to Wailuku, as you said you don't want the cars hitting a tree, okay, because ofthe liability. When you go out along the Pali, and you see all of these guardrails in thatarea you go, oh, well, because you don't want that driver to go over the Pali, so,therefore, you got guardrails there. What they do, and could occur as, as Mr. Arakawasaid, is they can bounce against that guardrail and bounce back onto the highway andthen . (End of tape, Side 1B). . cause an accident, fine. But it occurred only becauseof, I think, in, in the Hookipa area, in fact I know the family, where that person wasintoxicated and still flew over and died. And, and the State was found to be liable and itwas a big lawsuit. So, so this is the reason why you've got guardrails put in.

Where I don't buy the Director's analogy for the situation at Doris Todd is the fact thatyou are endangering the people if you put a guardrail on the other side, which is theschool and the kids that go to school. And I think that, in this situation, not a fence, not apicket fence, we don't know about this concrete wall and how it would be able to createany type of safety for a vehicle that's going into that property, but a guardrail wouldsurely refract that vehicle from going in. It would not go into the property given thespecific height and everything else.

So it's not a debate for us. It's an emergency because one death could put this County injeopardy. And these speed tables and flashing lights, excuse me, flashing light and aspecial feedback sign that flashes the, the, the speed is fine, is fine, but, as you've heardpretty much everyone here that has spoken, and, and, and we saw it on, on TV last nighton Oahu where they've had those killings, people are going out and saying, hey, speed iskilling. You know, and you've got people that are racing hot rods now saying give us aspeed track to go race our cars or whatever. In this situation...and then thank you,Mr. Chairman, for your recent report from the Police Department, eight specificaccidents, three minor, four major. Hey, the jury is in. We've got to deal with thissituation, and, and we need our Administration to act, Mr. Chairman. And, and you'veheard them say that they want this guardrail. The guardrail is necessary to protect againstwhat damage might be going on, on the other side. And this would refract and. andperhaps, at least, bring that vehicle back into the area of which it was operating.

But I don't think that we can accept any kind of action besides a guardrail there. I don'tthink that what may be put up is going to soothe a parent, a school with children in lieu ofthe statistics that have been shown and pictures that we've been given to us today.This...you know like when we have a high wave coming in and people are worried justabout their houses being damaged or whatever, we allow people to put sandbags and inKaanapali we allow them to put steel things, but later have to remove 'em. We createthese situations in, in emergency situations. This one is an emergency. We're going tobe sued if somebody dies, and I think that, Milton, you need, you need, you need to, tolook at this again in lieu of the reports that we've received.


November 30, 2009

And, Mr. Chairman, we sit here, and I sat in another Council where on HonoapiilaniHighway in Lahaina we neglected to put a traffic light, and then a child running acrossthe street from the school to go to the candy store was killed. So I think that, for mesitting here listening to these reasons I, I, I, cannot accept anything more than a guardrail,and, and, and they've asked for one to be put up because this is an emergency. This isnot something that is a flashback or something that we can mentally speculate. We'vegot the reports. Police, I think, is saying, hey, in lieu of these accidents you need to, toact.

And so, Milton, this is an emergency. All these lights or whatever I think are all falsesecurity. I think we need to put them in, but that guardrail needs to be put in,Mr. Chairman. And, again, we don't have any power except to ask, but one death is onedeath too late. And, and, and, again, an innocent child and a family sending their child toget an education only to be at the mercy of speeding vehicles that have entered into thisproperty. No more excuses. We need action. And, and, and hopefully they'll see this asan emergency and put a guardrail ASAP. Thank you.

CHAIR MEDEIROS: Thank you, Member Nishiki. Director, you want to make any commentsor responses to that?

MR. ARAKAWA: Mr. Chair, I, I realize, you know, of course this is the...you know, it fallsbasically within the prerogative of the Council. If it is the policy of the County to installit, of course, you know, that is what, you know, we will do. However, our, ourrecommendation is that, you know, guardrails are, are not warranted in that location andguardrails themselves are also considered obstructions, and they, as I mentioned, mayactually exacerbate or worsen the situation with an accident, and they will not take thefull force of all vehicles. Obviously, if you have a, you know, a semi-trailer comingdown the road, the guardrail will not stop that. So there may be a false sense of securitywith the guardrail as well.

The other issue there too is, you know, the sidewalk that has existed for, you know,many, many decades, and as was mentioned it's raised above the pavement, but althoughthat, that amount has diminished over the years. But if there is a speeding vehicle, and ithits that, that, that sidewalk the chances of being airborne basically increases with that, inwhich case it would render, you know, the guardrail meaningless. So there are a numberof situations that, you know, should be taken into account before the, the Council takesaction. And, you know, our recommendation is that it's basically not warranted.

We, we applaud the efforts of the school to install the wall and basically move theplayground area more...or further away from the street. I think that will help. But it waspointed out basically we are dealing with an increase in what amounts to, you know,irresponsible driving, and it's very hard to engineer everything to take care of all thosetypes of situations. It's, it's just simply, simply not possible. It's beyond our, ourcapability to do that.


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CHAIR MEDEIROS: Thank you, Director. Member Pontanilla followed by Member Victorino.

VICE-CHAIR PONTANILLA: Thank you, Chairman. I just want to say thank you for thatpiece of information, Director Arakawa. I remember about four or five years back weordered a whole bunch of those electronic speed boards and basically they were supposedto be installed at various school locations. One of the things that I find effective,especially for the district I represent, we do have Lihikai School on a major thoroughfareand with police presence announced, unannounced, and the number of citations that weregiven out, you know, you, you make motorists slow down. You know, I would like tofind out...and probably maybe a letter to the Police Department in regards to the numberof citations that were given out on Baldwin Avenue fronting Doris Todd.

In that area, you know, you, you do have Doris Todd Christian School, above that youhave Paia School, across the street you have the Catholic church, further down you havethe gym, and La'a Kea, which is a non-profit foundation, is now contemplating ofbringing some development for their clients. So, you know, Mr. Chairman, I, I'd like tosee the speed limit, you know, reduced probably from above Paia School all the waydown to where HC&S used to be, because that particular stretch does...you know, you dohave several schools, a church, a gym where, you know, youngsters often are located.

So one of the other things I'd like to mention, I used to be the manager for the phonecompany and, you know, one evening I got a call, a speeding motorist flew up the hill, hitone of those poles next to the station that we had up there, and it's unbelievable howpeople, you know, travel at a great speed coming up that hill. So, for me, I, I think withsome more, you know, police presence in that location announced or unannounced, Ithink, would be of great help. And, you know, all of the Members come up with all ofthese good ideas and, you know, some of the things that we're talking...we're talkingabout is guardrails, speed humps, speed tables, even those round things that you put onthe road just to make sure that the motorists are aware of the, the, schools are, you know,coming up as they drive either up or down the hill.

So I know it's going to be a difficult decision that we do here in regards to, to providingthe proper safety for the school, but, you know, I'm willing to work with the Departmentin any way that we can...to ensure safety not only at Doris Todd, but along that stretchabove Paia School all the way down to where HC&S used to be. Thank you.

CHAIR MEDEIROS: Thank you, Member Pontanilla. Member Victorino.

COUNCILMEMBER VICTORINO: Thank you, Chair. And I've listened to my colleagues andeveryone brings up, you know, great points. Let me start by saying the guardrail,Mr. Arakawa, Doris Todd now has put a 250 feet of stonewall, which they feel will helpin the event a vehicle gets off the road and heads through their property. And I wouldbelieve the guardrails...and you said does not guarantee anything, and I agree with you.Nothing guarantees anybody. Someone who is at a high rate of speed, which is an idiot,unfortunately, do traverse our roadways all over this County, not just this island. I don't


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care what island you come from. I've seen 'em. But with the guardrail in many cases,especially when the speeder loses control and the car starts to turn out of control, thatguardrail may prevent that vehicle form slamming into whatever unobstructed or what Icall irrelevant fencing, like Doris Todd, right into playgrounds or into buildings as isshown; isn't that correct, Mr. Arakawa?

MR. ARAKAWA: If the angle is fairly acute and the speed is not extreme, then that couldoccur, yes.

COUNCILMEMBER VICTORINO: Yeah, and, and again we've...you know, this, this, thiswhole issue, and everyone has said a child, a child, a loss of a child for the unforeseenpotential of that child this County could never keep paying for that kind of stuff. Butmore importantly, we do want...don't want to lose any of our citizens because of recklessdriving. I wish we could say we could stop everybody, but we can't.

I wanted to go back to the flashing lights. Can you describe that flashing lights again?And I know you described it, and I kind of picked up on something, but I may havemissed what you were talking about the flashing light. Can you do that again, please?And I apologize, Mr. Chair, I really need that for clarification.

MR. YAGIN: Member Victorino, those flashing lights, what they do is they, they basically flashyellow throughout the duration of the school hours.

COUNCILMEMBER VICTORINO: Okay.

MR. YAGIN: The, the particular lights that we selected for these locations, they have a bonusoperation where they can actually be kind of like a pedestrian-type activated light also.So basically there's two functions...they flash for the duration that we program them, andthey can be switched over...reprogrammed to be an activated type.

COUNCILMEMBER VICTORINO: So when you do that the light turns from yellow to red orsomething of that nature; is, is that how it works or?

MR. YAGIN: There's, there's no, there's really only off or yellow flashing. To actually stop thetraffic I believe that might be something that we need to enter into the code or...it's, it's,it's basically a warning --

COUNCILMEMBER VICTORINO: Okay.

MR. YAGIN: --that you're entering a zone or...

COUNCILMEMBER VICTORINO: Okay. So the thing flashes all the time; right?

MR. YAGIN: Uh-huh.


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COUNCILMEMBER VICTORINO: And then if I'm going to cross the street with my son ordaughter, I press this button, what does...what happens next?

MR. YAGIN: Oh, yeah, that's, that's what I mean. You know, it can be either/or. It can beeither the flashing, the, the continuous flashing operation or it can be reprogrammed todo, like, a pedestrian type.

COUNCILMEMBER VICTORINO: Oh, okay. So then if I did it with the pedestrian itwouldn't be flashing then, only when someone is crossing the street?

MR. YAGIN: Yes.

COUNCILMEMBER VICTORINO: Oh, okay. I, I kind of got confused on that one. Iapologize. I wasn't...I thought...the way you had described it was exactly what I hadenvisioned, it's just when people crossing streets, but it's two different programs.

MR. YAGIN: Yes.

COUNCILMEMBER VICTORINO: So...okay. Okay. And the last question I had was theraised crosswalks, you know, because we've done that in many of our thoroughfaresthroughout the County of Maui, Kanaloa, Papa, Lono. I mean we, we've got them, andwe continuously put them in especially the raised crosswalks, because to me the raisedcrosswalk I've seen a lot more with flashing lights at schools and areas like that likeLihikai and all that. People start to, to realize the importance of slowing down. And Iadmit, anybody who is going down here, Mr. Taguma waits down by the bridge here onWaiale, and I tell you, any one day you can see the cars lined up, because he's givingthree, four, five tickets at a crack, because nobody goes 20 miles an hour on East Main,nobody.

So, again, I think enforcement is part of it, but going back to the raised crosswalk,Mr. Arakawa and, and, and I...

MR. YAGIN: Yagin.

COUNCILMEMBER VICTORINO: Yagin, yeah.

MR. YAGIN: Yeah.

COUNCILMEMBER VICTORINO: Okay. I know wasn't Yagi, was Yagin. Okay. Mr. Yagin,when, when put in strategic areas such as schools and like Mr. Pontanilla, by the church,the school, and the gym, do you believe, with flashing lights, that can really--and thensome enforcement's got to come with it--start to slow people down? Because I've seen itwork other places, and I just don't believe it cannot work on Baldwin Avenue, especiallyin the residential school areas. Now, the whole, the whole road, that's another story, but


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just in that area. Do you not believe that that could work with proper light...the flashinglights, the raised crosswalk, and enforcement that that would work?

MR. YAGIN: I believe a combination of all what, what you discussed could aid in lowering thespeed limits. Things like the raised crosswalks, we, we do have guidelines also that wehave to follow, yeah, that, that need to be complied with.

COUNCILMEMBER VICTORINO: Okay. Thank you very much. Thank you, Mr. Chair, forallowing me those questions.

CHAIR MEDEIROS: Thank you, Member Victorino. Member Pontanilla, followed by MemberKahoòhalahala, followed by Member Baisa.

VICE-CHAIR PONTANILLA: Just a fast question for the Department. The speed limit rightnow at Baldwin Avenue is?

MR. ARAKAWA: In the vicinity of the school it's 20 miles an hour.

VICE-CHAIR PONTANILLA: And coming down from, like say, Makawao and coming upfrom Paia Town?

MR. ARAKAWA: I believe the other portions are 30.

VICE-CHAIR PONTANILLA: Thirty. You see any problems as far as reducing the speed limitabove Paia...from above Paia School through where HC&S used to operate?

MR. ARAKAWA: I, I guess at this point we, we can certainly take a look at that. That's all Ican say at this point.

VICE-CHAIR PONTANILLA: Okay.

MR. ARAKAWA: We'll consider that.

VICE-CHAIR PONTANILLA: Thank you.

CHAIR MEDEIROS: Thank you, Member Pontanilla. Member Kahoòhalahala.

COUNCILMEMBER KAHOÒHALAHALA: Thank you, Chair. I was going to ask thatquestion about the speed limit. I'm noticing in our County ordinances that the 20 mileper hour speed limits are really policy decisions by the Council. So if we want to chooseto, to identify an area of which we would like to post 20, it would be something that wecan surely do as a Council. The other questions I have, have to do with the, thecomments made about the speed tables and looking at...Director, you said that the speedtables become hazardous because the raised table itself would in a way, what, deflectwater from the highway as one of those issues?


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MR. ARAKAWA: No, what I said was that basically traffic calming measures like speed tablesthey are helpful as an aid in encouraging motorists to slow down, but if we install a speedtable in this location where there is that, the slope issue, if you have a motorist thatdecides to speed over the, the speed table or the raised crosswalk, it may enhance thepossibility that he or she could lose control of the vehicle which presents an additionalhazard.

COUNCILMEMBER KAHOÒHALAHALA: So you are talking about the slope of BaldwinAvenue coming down and, and what is, what is the, the angle of that slope?

MR. ARAKAWA: Offhand I don't know what that slope is.

COUNCILMEMBER KAHOÒHALAHALA: Okay. Well, it would be helpful for us tounderstand that if you're going to use that as part of the reason for us not to consider that.So maybe we should know what that is. And, again, I ask what is the distance betweenthe...do you know, offhand, the distance between the Paia School and Doris Todd?

MR. ARAKAWA: Offhand I, I don't know what that distance is.

COUNCILMEMBER KAHOÒHALAHALA: It's not very far; right? I, I'm looking at anaerial map, and I can see both of them in...what was testified is that the kids from SkillVillage actually walk up to Paia School, so I imagine that it's not that far from DorisTodd. So my, my thought, Mr. Chair, is that if we are going to look at some measuresthat would be helpful I think a 20 mile speed limit would be something we might want toconsider between the Paia School, as was mentioned by Member Pontanilla, fromPaia...perhaps mauka of Paia to an area that would be makai of Doris Todd, and thenindicate that that would be a 20 mile an hour area. And I cannot help...but if we put a20 mile speed limit within that area that a speed table would not be helpful, because atthat point the driver would know coming down that they're entering a 20 mile an hourspeed area. That the speed humps would help to reinforce that and it would think, Iwould think that that would be something that people would get used to and, in fact, allyou want to do is continue to slow the traffic within that, that area. So I would like tounderstand why we would not be able to do that and from Public Works.

CHAIR MEDEIROS: Director, are you prepared to respond?

MR. ARAKAWA: Well, basically the speed table or a raised crosswalk has a certain profile andthe maximum design speed for that is 30 miles per hour. If you lower the speed limit to20 it basically allows motorists to pretty comfortably go over the, the speed table. So itmay not be as effective as, as one would think if, if the speed limit were lowered to20 miles per hour.

COUNCILMEMBER KAHOÒHALAHALA: So you're saying a speed table can go into anarea that has a 30 mile an hour speed limit?


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MR. ARAKAWA: That's the basic design speed for a speed table where you can...a motoristcan comfortably maneuver a vehicle over a speed table.

COUNCILMEMBER KAHOÒHALAHALA: Okay. But at the same time you're, you're alsosaying that one of the reasons not to consider this is because of the slope?

MR. ARAKAWA: That's correct.

COUNCILMEMBER KAHOÒHALAHALA: Now, if we reduce the speed limit on that sectionof the highway between the two schools, how much of...I mean I need to understandwhat that slope is, and then give us an idea so that we understand what your, what yourengineering would require, I mean in us trying to make some decision that would behelpful. I would like to understand what that is, Chair, but if the, the slope is not thatgreat between those two areas, then I would like to think that we might be able to assistand I cannot understand why in a 20 mile an hour area a speed hump would not behelpful. You know, it would just reinforce the fact that you are in a 20 mile an hour, andthen that would aid in slowing them down, because they know there are speed tables. So,anyway, those are things that I hope that can be considered in our movement forward onthis issue.

CHAIR MEDEIROS: Okay. Thank you, Member Kahoòhalahala. Member Baisa followed byMember Molina.

COUNCILMEMBER BAISA: Thank you very much, Chair. This is a very good discussion.As it progresses though I'm beginning to think that this is a larger problem than beingconcerned about the students at Doris Todd. We have Paia School right above that, and itwas mentioned that the Skill Village kids go to Paia School. Skill Village is on theopposite side of the road. That means they have to cross at some point, so it's alreadydangerous for them to be in an area where cars are moving fast, because if they'recrossing the street and coming around that, that turn where you coming from above Paia,mauka of Paia, and you're going around the turn, you're at Paia School, and then you goanother turn, and then you're at Skill Village, where the speedway is because it's a, it's astraight...straightaway. So I think the problem is we have to stop those cars or slow themdown from...by Paia School, actually before Paia School and that whole area needs to beslowed down a lot. So I totally agree that we've got to do something about the speedlimit.

I'm also concerned about having...needing the speed board, and I also am believing thatwe need that speed table. I really do because, you know, that is a straight away, andpeople do speed through there. And this is why I'm a little concerned. I certainly wishthat we had a representative of the Police Department here with us today, because I'd liketo know how much time is available for them to be in front of those schools to assistwith, you know, safety with the children, because it is, it is very, very dangerous. Andlike somebody said already, you know, losing one child is far too many, and it's not a


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story about the suit. The suit is irrelevant. It's, it's a life, and it's the tragic loss. It couldbe a student, it could be a teacher, it could be a parent, a grandparent, it could be anybodythat's in the area and none of us want to lose a loved one. And we know there's nomoney that can compensate for the life of somebody you love.

So I think that, you know, we should definitely, if we're going to pursue this matter nexttime or in the future, by, by correspondence I'd like to see input from the PoliceDepartment to see if they're able to make any kind of commitment to helping with theenforcement of the speed, because we can put up everything we want, but what reallyworks is a policeman with a ticket book. Thank you.

CHAIR MEDEIROS: Thank you, Member Baisa. Member Molina.

COUNCILMEMBER MOLINA: Thank you, Mr. Chairman. If...just following up on MemberKaho`ohalahala's recommendation about the 20 mile speed zone. If my memory servesme correct, when I was Public Works Chair about maybe four, maybe five years ago, Ithink the Council expanded, and maybe the Director can also see if he can confirm it, theschool zone speed limits, I think, we expanded that, so basically all...everywhere it's20 miles an hour. I don't know if we need to do an additional amendment on that, but Iknow it's supposed to be 20 miles an hour and, plus, I think we also expanded the timewhere you're supposed to be driving at 20 miles an hour. I think it used to be up to likemaybe three o'clock, and I think we expanded it to 6:00 p.m., because kids sometimeshave a lot of evening activities.

But my, my question to the Director is years ago we had that incident on MakawaoAvenue where a school crossing guard was hit as well as a young boy on a bicycle tryingto cross Makawao Avenue to go towards Kalama School, and we put a speed hump there,and I want to thank the Department for responding quickly to the concerns of thecommunity as well as the Council. Now, you mentioned the concerns about putting aspeed hump on Baldwin Avenue, I guess it's, I guess is it due to the sloping of the area.I'm like Member Baisa. I think maybe if we could put a speed hump at least to slowpeople down prior to getting to Paia School or maybe in between Paia School and DorisTodd. I think...because I've seen it for myself, Mr. Chairman, in Makawao that speedhump since it's been put in it creates consciousness in the drivers. Now, people knowslow down, you have that speed hump.

I don't know what the difference is between a speed hump and a raised crosswalk, but itworks, and now I don't know what the difference is between Makawao Avenue andBaldwin Avenue in terms of the classification, but I'd like to just run that by the Directorand see about that. At the very least if not by the school maybe in between the twoschools, or before Paia School, or before Doris Todd, you know, because it does slow thedrivers down, at least where I live in Makawao.

CHAIR MEDEIROS: Director, before you answer, because it's been brought up by manyMembers about speed humps, speed tables, raised crosswalks, and you did explain on the


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tables the profile, but I know when we first started installing speed humps that wascertainly a different profile where cars were hitting that and, you know, causing someproblems with maneuvering and hitting the bottom of their cars. So could you explain tothe Members if we still install speed humps as they were originally designed or are all ourcalming devices are speed tables or raised crosswalks in your response to MemberMolina's question on that?

MR. YAGIN: Member Molina, we have three devices really. Speed humps they're sharper inprofile, shorter. They're designed for a, . . . (End of Tape, Side 2A). . . their design, theirdesign speed is 15 to 20 miles per hour. They're typically used within residential areas.On the minor collectors we've been considering installations of speed tables. Speedtables are...they're longer. Overall they're, they're a flatter device than the speed humps.Raised crosswalk is essentially the same profile as a speed table. The striping, thesigning is different.

As far as the Makawao-Makani Road, basically that, that installation I believe was doneprior to us complying with, well, following the recommendations by sources like Instituteof Traffic Engineers. They've, they've basically come up with guidelines like takingthem off of major thoroughfares in that time. The big reason is because these majorthoroughfares they, they serve a purpose, a major purpose of mobility. Another concernthat we have also is with emergency vehicles and emergency response. The more devicesthat we put in it, it decreases their response time. Special cases like with ambulance Ibelieve they prefer the roads be as smooth as possible. Speed tables, speed humps they,they, they produce like a jarring motion, I guess, that affects the, the people that they'retransporting also. And those, those are some of the things that we have to weigh whenwe consider installation of speed tables.

CHAIR MEDEIROS: Member Molina'?

COUNCILMEMBER MOLINA: Yeah. So, so again my...but my question is, so what about thepossibility on Baldwin Avenue since we have...you know, the one that's on MakawaoAvenue, I guess, is that a...that's a speed table; right?

MR. YAGIN: Yes.

COUNCILMEMBER MOLINA: So a speed table and not a raised crosswalk. What, what aboutthat possibility on Baldwin Avenue?

MR. YAGIN: Well, yeah, that's, that's, because we're following those approved guidelines nowthat were instituted, I think it's 2007, I believe anything before that we, we really wentwith installations without actually consulting with those guidelines.

COUNCILMEMBER MOLINA: But how about the needs of the community though? I mean,you know, I wish those people who write these guidelines could be here in thecommunities to see it. You know, I mean, I understand you guys got to follow the


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so-called rules and regs, but, you know, one size doesn't fit all, Mr. Chairman, yeah, so Idon't know. I, I just see the table, it works on Makawao Avenue, and maybe it's becauseMakawao Avenue is not sloped like Baldwin Avenue, but if we can start slowing driversdown from a...you know, signage is nice, but there's...you know, let's face it we have ahandful of people on this island that have total disregard for our speed limits. And, and,you know, it's a combination of things. It's going to take the police to at least help us outwith more enforcement or at least more presence, and, you know, and the traffic calmingdevices. But, you know, we need something more than what we currently have up there.

So I would just strongly ask the Department to really consider putting a table of somekind to slow our, our, our drivers down and, and I know those guidelines, those nationalguidelines and what not, but I don't know if they even consider Hawaii. I don't know.It's just sometimes I feel really perplexed with, anyway, with that. But, anyway, if thatquestion could be answered. I don't know if you can answer it at this time. So is thatsomething you guys could consider at least to put up a speed table rather than a raisedcrosswalk?

MR. ARAKAWA: Councilmember Molina, again, you know, if the Council...it's the Council'sprerogative basically. If the Council directs us to do so...we have provided our reasonsfor not doing so, and it was a difficult decision on our part. I believe the nationalstandards are accurate, and they do take into account Hawaii. What we basically said isthat if we do not follow the standards, and if there is an accident there, you know, theremay be increased liability on the County's part. It also increases the chances that if thereis a motorist that speeds in the area it could exacerbate or worsen any kind of accidentthat could have occurred. So that's, that's our reasoning. But if the Council decidesotherwise, then basically it's a policy decision we will abide by.

CHAIR MEDEIROS: Member Molina?

COUNCILMEMBER MOLINA: Thank you, Mr. Director. Well, Mr. Chair, it seems like we'rein a darned if we do or darned if we don't because if we don't do nothing, you know, ifyou could have an accident, then you do something. Well...for me, Mr. Chair, I'd ratherdo something than do nothing. Thank you.

CHAIR MEDEIROS: Thank you. Member Kaho`ohalahala followed by Member Pontanilla.

COUNCILMEMBER KAHO`OHALAHALA: Thank you, Chair. You know, it's real clearfrom our discussion that we are placing a higher priority for traffic and vehicles than weare for, for pedestrians or people, and maybe that's where our policies are skewed to, to,to that direction. And the, the guidelines that you speak of, are these your administrativerules?

MR. YAGIN: They're basically just...they're guidelines from Institute of Traffic Engineers andFederal Highways.


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COUNCILMEMBER KAHOÒHALAHALA: So have you adopted them in any, any formwhatsoever?

MR. YAGIN: Yes, we, we follow...whatever updates they provide to those documents, we...

COUNCILMEMBER KAHOÒHALAHALA: And so, that's adopted in your administrativerules?

MR. YAGIN: Yeah, those, those are our design standards.

COUNCILMEMBER KAHOÒHALAHALA: Okay. The other part I wanted to ask was hasthis community ever requested speed tables from your Department?

MR. YAGIN: I I, I don't recall any.

COUNCILMEMBER KAHOÒHALAHALA: So, Chair, my, my other thought is that if thecommunity wanted to they could initiate this kind of pursuit as well by making a requestfor this, and I just wanted to understand if the Department had received any request fromthis community to consider any kind of speed tables or slowing, you know, kinds ofdevices.

CHAIR MEDEIROS: Director?

MR. ARAKAWA: Councilmember Kahoòhalahala, I think the procedure you're referring to isthe procedure for applying for speed humps which is different from....

COUNCILMEMBER KAHOÒHALAHALA: Okay. Speed humps are different in termsof...so how does one request for speed tables?

MR. ARAKAWA: There is really no procedure in the Code. What the Department has done inpast years is that we have asked the Council to include those as budget provisos, whichhad occurred in this particular situation. So if it's included in the budget proviso that'ssomething, you know, we'll certainly consider as part of the, the budget, but as Imentioned in this particular case we really thought about it hard, but we decided it reallyshouldn't be installed in this particular location.

COUNCILMEMBER KAHOÒHALAHALA: Okay. But there's technically no process ofrequiring, or asking, or requesting for a speed hump?

MR. ARAKAWA: No. A speed table.

COUNCILMEMBER KAHOÒHALAHALA: A speed table. The speed hump is outlined inthe Code?

MR. ARAKAWA: Yes.


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COUNCILMEMBER KAHOÒHALAHALA: Okay. So if we wanted to, then you're sayingwe have to make it as a, as a budget proviso?

CHAIR MEDEIROS: Director?

MR. ARAKAWA: No, at this point it was included as a budget proviso. If the, the Councilwants to make a statement via this Committee item, you know, we'll, we'll see what wecan do as far as installing it, but as I mentioned our recommendation is not to.

COUNCILMEMBER KAHOÒHALAHALA: Okay. Thank you, Chair.

CHAIR MEDEIROS: Thank you, Member Kahoòhalahala. Member Pontanilla.

VICE-CHAIR PONTANILLA: Thank you. Maybe for Corporation Counsel. One of theconcerns that I had, and I think Mr. Arakawa touched on it, is the liability on the County.If the Department is saying that they're not recommending or not to recommend thespeed table or a speed hump and here we are as Council making provisos that we put in,like, a raised crosswalk should an accident happen, what is the liability for the County?

MR. GALAZIN: Member Pontanilla, if I understand correctly you're talking about if theCouncil, as a policy decision, decides they want to have a speed table installed and thenational standards for speed tables would indicate for a road of that standard not to installit. Well, you know, the County's never going to be out of liability entirely when there,you know, there's an accident on a County roadway. What a court would look at wouldbe what standards are we following? Were we negligent in our design? Given all thefactors, did we act reasonably considering the safety of everyone involved? You know,of course, far too much information and far too many hypotheticals to give a straight yesor no answer, but . . . (coughs). . . excuse me, you know, following, following the nationalstandards and doing that, and following the recommendation of Public Works is usuallygoing to be a better proposition just from a, from a legal standpoint in terms of assessingthe liability. It's not cut and dry though.

VICE-CHAIR PONTANILLA: Thank you. I, I know it's a tough answer, but, you know,response. You know, Mr. Yagin also, you know, provided information regardingwhenever we put in speed tables, speed humps that in consideration we look atemergency vehicles. I know that on Kanaloa when we put in those speed tables that wehad some concerns with the Fire Department. So in doing anything on this particularroad, you know, is going to take all emergency type vehicles, you know, underconsideration, Mr. Chairman. And for me, you know, the question I asked theCorporation Counsel is, you know, the liability for this County should anything happen.Thank you.

CHAIR MEDEIROS: Thank you, Member Pontanilla. Member Nishiki.


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COUNCILMEMBER NISHIKI: I am, I am hoping that we all got educated, but I'm just goingto get back to the final safety concern in which hopefully this item has brought up. Thesafety of the kids and that school, its teachers, and hopefully a parent can rest peacefullyif something is done. Whatever the calming devices we decide to put on the street that isfine. And you've heard Milton say to you, Committee Members, that it is the Council'scall. The Council does set, basically policy, Mr. Chairman. So if we feel strongly aboutit let's do it. I think that one letter that I read this morning that appears to the last page, itsays: Aloha, Mr. Milton and Mr. Molina, are you waiting for a child fatality? Are youready to have a death on your conscience? How would you feel if your child orgrandchild were at potential risk every day of their school life? Sit back in your seat nowand imagine how us parents feel. Please take our child's...children's lives and theirsafety seriously. This is not the first time Doris Todd has had some idiot smash in ourproperty. My son Taj [sic], who is three, often plays right by the fence line as many ofthe preschoolers do. Imagine how I felt the day I could hear from my street a car losingcontrol and smashing into that fence. The time has come to do something.

I think whatever we put on the streets to calm traffic signs, whatever is fine, but thepolicy has got to be that we tell this Administration to put those iron metal, whatever youcall them, up in front of the school. We...I mean, I, I, I look all around Maui Countybecause I drive quite a bit, not as much as I used to, to go look for surf, but whatever.Every highway you take you see these metal protections.

CHAIR MEDEIROS: Guardrails.

COUNCILMEMBER VICTORINO: Guardrails.

COUNCILMEMBER NISHIKI: Guardrails. They're there. We don't put them all over thetarnation and some times I, I, I wonder why we got them by Olowalu Store or whatever,because there's, there's those big trees or off near Hookipa because of all the people thatmay go off into the cliff...off the cliff, Mr. Chairman. So this is there to protect peoplefrom the liability of dying, perhaps if it refracts of it, it will be safe. And, and pleasemake this a priority in this Committee to at least have them put up the guardrails.Everything else that we do I think is necessary, but the guardrails is a surefire way toeliminate parents and children of the safety. That's what they're there, that's whatthey're up there for. And, and for us not to take this action of putting the guardrails Ithink is, I don't know, is...you know, and, and don't get mad at me, but I, I, I think it'sjust not responsible. We've heard the reports, and I don't want to chew, the chewedagain. And it just is something that the people of Doris Todd deserve right now.

And so, let's do it. That's all. Let's make a decision today at least to do that. I'm gladit's in front of us. I'm glad it's in front because now people are, are really going to see,perhaps, how this Council reacts to it. And so, hopefully as the Chair, you can direct thisAdministration to, to at least put in the rails. Thank you.

CHAIR MEDEIROS: Thank you, Mr. Nishiki. Any further questions? Member Molina.


November 30, 2009

COUNCILMEMBER MOLINA: Yeah, thank you, Mr. Chairman. I, I had a chance, anopportunity to speak to Mrs. Gonzalez and Mrs. Todd. I was inquiring about the school'sChristmas break, and I'm tying this into relation to our Director who had mentioned thatsometime early next year he can...we can at least get maybe the speed boards and theflashing lights. I was told that the school will be on break from December 18 toJanuary 11. So if...Mr. Arakawa, if you could comment? Do you anticipate...can yougive us a somewhat specific time when you think we will get, at least initially, some ofthese traffic calming devices up?

And I bring this up, Mr. Chairman, because as it was alluded to earlier about the fearssome of the parents have, and I think this will at least go towards a long way withcalming the fears of parents that at least the County is, you know, stepping things up toget some of these traffic calming devices. So I don't know if Director Arakawa cancomment at this time with giving us a specific date, because I know early next year canbe either January through April or, or, or May. So I'd like to at least get some specifictimetable or general time period when these traffic calming devices, the speed boards,and the flashing lights will be up?

CHAIR MEDEIROS: Director, would you have any specific or more defined dates that thesecalming devices would be installed?

MR. ARAKAWA: Mr. Chair, before the meeting I was checking on the timing and the, the bestanswer that 1 could get was that it would be in place early next year. I do know all the,all the equipment is on order, and it is scheduled to arrive here in late December. Sowe'll try our best to get it up as soon as we can. I mean that's...I mean we can pledge toyou that.

COUNCILMEMBER MOLINA: Okay. All right. Thank you. Thank you, Mr. Director. And,and thank you for all of your, your help. I know it's been kind of tough on you thismorning, but, you know, it's something that's...you know, we're all responsible for this.It's not only the Administration, but the Council, and I'll be the first to step to the head ofthe line in terms of taking responsibility. Maybe if I had monitored this a little bit moreeffectively maybe it wouldn't be here this morning. I guess when we, when we...back in2008 when we appropriated the $35,000, we just assumed, okay, the money is there,everything will be taken cared of But for whatever reasons there was a delay withimplementing this traffic calming devices. So I, I take my share of responsibility,Mr. Chairman.

And I also would like to ask you, maybe under your signature, Mr. Chairman, if we couldget a comment from the Police Department as to what they can do to help, you know,step up their presence, because I know there was an article in The Maui News the otherday. I guess the newspaper tried to contact the police for comments on this situation atDoris Todd, and they were not able to get back to The Maui News. So if we can getsomething in writing from the Department and, and maybe if you can bring this matter


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back to Committee early next year, maybe in line with that of the Department gettingthose traffic calming devices, just more of a status update meeting for not only theCouncil but the community as well. You know, I can certainly appreciate it. And, again,thank you for bringing this matter so expeditiously to the Committee's attention,Mr. Chairman. Thank you.

CHAIR MEDEIROS: Thank you, Mr. Molina. Yes, once we receive this CountyCommunication we...I tried to schedule it as soon as possible knowing the urgency of atleast discussing it and taking whatever immediate action we could. But I want to ask theDirector because he did indicate that the expectation is to receive the equipment maybeby December, late December and possibly installation in the early parts of 2010.Director, these flashing lights, will they be solar operated, battery operated, or would youhave to install power lines?

MR. ARAKAWA: Mr. Chair, they are all solar operated.

CHAIR MEDEIROS: Okay. Thank you for that. So it wouldn't involve the installation oftrenching for underground wiring and so forth?

MR. ARAKAWA: No, it would not.

CHAIR MEDEIROS: Okay. So that would expedite the installation by having that kind ofequipment. Members, anything else? But what Member Molina said is the intent of thisChair to send some very strong correspondence and request to the Administration, and aswe have heard, you know, we don't, we can't force the Administration to do somethingthey may not decide to do. And if it comes to that point we would have to do somelegislation in order to do that and that's a consideration too. So if there's no furtherquestions...

COUNCILMEMBER NISHIKI: Chairman?

CHAIR MEDEIROS: Mr. Nishiki.

COUNCILMEMBER NISHIKI: Yeah, I've not heard one of you request guardrails, and I'm justcurious, but anyway I was just hoping that at least one Member would say that guardrailsneed to be put in.

CHAIR MEDEIROS: Well, Member Nishiki, yeah, it will be the intent of this Chairman, undermy signature, with our correspondence to the Administration recommending that theyinstall guardrails. And so, certainly that would be part of our correspondence. As far asforcing them, that would require some kind of legislation on this body. MemberPontani I la.


November 30, 2009

VICE-CHAIR PONTANILLA: Thank you. Just to handle the speed limit mauka Paia Schooland makai of Doris Todd, through legislation we can do that right away, at least get thatthing started. I, I don't know the speed limit between the two schools at this time.

CHAIR MEDEIROS: Right.

VICE-CHAIR PONTANILLA: Normally it's 20. So thank you.

CHAIR MEDEIROS: That, that would have to be looked at and investigated what the speedlimits are for the particular area covered by that speed limit, the 20 miles per hour andcertainly, then, you know, it would require some kind of legislation to change theordinance on the speed limit and that's a consideration too. Okay. Members...MemberMolina.

COUNCILMEMBER MOLINA: Yeah, thank you, Mr. Chair. As the area representative I'll,I'll throw my name in for looking at guardrails, and just because Members don't sayanything about the guardrails doesn't mean we don't care. I mean we, we all are open tolooking at all traffic calming devices. And, Mr. Chair, as I had mentioned earlierthis...the prior Council had shown their commitment to the Doris Todd situation byappropriating those monies in case some Member don't know that. So, anyway, justwanted to reinforce that and by all means let's look at all avenues, but we got to start onestep at a time. Let's look at the, these initial traffic calming devices first and, you know,guardrails is a little bit more complicated issue, and there's cost and, of course, youknow, to, to build the things and ship the things and what not. So it would take a littlelonger to install, but let's do first things first. So I appreciate your taking this step, stepsthat you're going through right now under your leadership of this Committee,Mr. Chairman. Thank you.

CHAIR MEDEIROS: Thank you, Member Molina. If there are no further questions ordiscussion the Chair would like to make his recommendation.

COUNCILMEMBER BAISA: Recommendation.

CHAIR MEDEIROS: Without objection, the Chair will defer this item for the reason that weneed to send out correspondence, get more information, and so we can guide ourselveseven though we know we need to take some expeditious action in doing something infront of that school. So without objection the Chair will defer this item.

COUNCIL MEMBERS VOICED NO OBJECTIONS.

ACTION: DEFER pending further discussion.

CHAIR MEDEIROS: Thank you, Members, so ordered. Members, I'm going to take a shortbreak before we get to the last item. And so, let's be back here ready to go and


November 30, 2009

reconvene at ten minutes after 11:00. This meeting is now in recess. . . .(gavel). .. (End of tape, Side 2B)..

RECESS: 11:02 a.m.

RECONVENE: 11:11 a.m.

CHAIR MEDEIROS: . . . (gavel). . . The meeting of the Infrastructure Management Committeeof November 30 th , 2009 is reconvened after the short recess. Thank you, Members, forthat recess.

ITEM NO. 28: BILL TO PROHIBIT VEHICLES WITH A GROSS VEHICLEWEIGHT GREATER THAN 10,000 POUNDS FROM OPERATING ONVINEYARD STREET, WAILUKU (SECTION 10.68.110, MAUI COUNTYCODE) (C.C. No. 09-245)

CHAIR MEDEIROS: We are now on our third and final, final item on our agenda, and the itemis IM-28, which is a bill to prohibit vehicles with a gross vehicle weight greater than10,000 pounds from operating on Vineyard Street in Wailuku. So, at this time, Members,I would like to ask the Director for an overview of this item. Director Arakawa?

MR. ARAKAWA: Thank you, Mr. Chair. This item pertains to a proposed bill which wouldprohibit vehicles with a gross vehicle weight greater than 10,000 pounds from operatingon Vineyard Street in Wailuku. The proposed bill also clarifies that buses providingCounty-funded transportation services would be exempt from the restriction prohibitingheavy vehicles on certain streets.

This proposal was reviewed by the Traffic Safety Council at its December 9, 2008meeting, and the Traffic Safety Council was informed that most delivery trucks are lessthan 10,000 pounds and thus would not be affected by the proposed bill. And theyeventually supported the proposed bill, and we neglected to include the minutes with ourtransmittal, and I have circulated copies of the Traffic Safety Council minutes to you thismorning. The bill entitled "A BILL FOR AN ORDINANCE AMENDING SECTION10.68.110, MAUI COUNTY CODE, PROHIBITING OR REGULATING THE USE OFROADWAYS BY CERTAIN CLASSES OR KINDS OF TRAFFIC" has been draftedand your review and consideration of the proposed bill is respectfully requested.

CHAIR MEDEIROS: Thank you, Director Arakawa. Members, the Chair will open the floorfor questions and discussion on this item. And being that this is a street in Wailuku Iwant to offer the area representative the opportunity to ask questions first. MemberVictorino.

COUNCILMEMBER VICTORINO: Thank you, Mr. Chair. And thank you, Mr. Arakawa, forbringing this forward. I think we've discussed this in the past as far as the traversing ofthat particular...Vineyard. And the vast majority, if I'm correct, of Vineyard Street is


November 30, 2009

basically residential if you started from the beginning of Vineyard to the very top of thestreet is still majority residential if I'm correct; isn't that true?

MR. ARAKAWA: Yes, if you, if you start looking at Vineyard Street from the St. AnthonySchool area, yes, that lower part is mostly residential.

COUNCILMEMBER VICTORINO: Mostly residential. And then you just have that middlearea when you're talking probably Central on up to Church would be...and beyond theTao Preschool a lot of that is, is the commercial district you're talking. And I'm...if I'mcorrect there isn't any major retail, restaurants, in fact most of those are attorneys and,you know, kind of smaller office-type businesses. I think there's a couple smallrestaurants, but I think basically there wouldn't be any major problems with themerchants because in speaking with most of them they, they felt like that may be a goodplay. Do you agree with that?

MR. ARAKAWA: Yes, I do. We, we did receive a number of calls from merchants also whosupported the request.

COUNCILMEMBER VICTORINO: And, and going up and down the street for a fewmerchants that I've been able to speak to, they agreed. So, Mr. Chair, you know, I willwait for your recommendation, but I think this is long overdue for an area. And more andmore as we work through our, our, our streets of Maui we're going to begin to feel andsee more and more need for this to be done. And 1 think the biggest reason was a lot oftimes I have seen big construction vehicles, like dump trucks and that going throughthese areas when I really think wasn't necessary, but sometimes for expediency purposesthey would use this to take a shortcut. And I think this will prevent that from occurring,and I appreciate, Mr. Arakawa, you finally bringing this forward. Thank you, Mr. Chair.

CHAIR MEDEIROS: Thank you, Member Victorino. Any other Members questions? MemberMolina followed by Member Pontanilla.

COUNCILMEMBER MOLINA: Thank you very much, Mr. Chairman. Question for theDirector. One of the exemptions is for the County buses. So under this legislation...sowe're looking at...so non-County buses. Tourist buses they cannot use, you know, Iguess vehicles that are over 10,000 pounds. Can you tell us about what other kinds ofvehicles we're looking at just so we can get a visual idea of this? And in terms of theCounty vehicles, what, what other County vehicles...any of our road constructionvehicles are over 10,000 pounds that we, we may need to add as an exemption to this bill,Mr. Director?

MR. ARAKAWA: Councilmember Molina, there are several existing exemptions already. Forinstance, public and private refuse trucks would still be allowed within the area even ifthey exceed 10,000 pounds and, of course, any vehicle delivering materials or services toa residence or any location within the restricted area. So those are basically theexemptions...existing exemptions.


November 30, 2009

COUNCILMEMBER MOLINA: Okay. All right. So tourist buses, then as Mr. Victorino hadpointed out the larger private construction vehicles who want to take a shortcut theywould be prohibited?

MR. ARAKAWA: If the construction is occurring with the restricted area, then the trucks maystill need to be there and would be allowed to be there, but if they're using the road as athrough road, then that would be restricted.

COUNCILMEMBER MOLINA: Okay. Good. And there were no comments from the PoliceDepartment or anything on this, yeah, as far as...maybe Director Arakawa orMr. Chairman, did we get any feedback from the police on this?

CHAIR MEDEIROS: No, we, we, we did not, and I don't know if Director Arakawa got any.Director, did you receive anything from the police?

MR. ARAKAWA: We did not receive anything from the Police Department.

CHAIR MEDEIROS: Okay. Thank you for your response. Member Molina?


CHAIR MEDEIROS: Okay. Member Pontanilla.

VICE-CHAIR PONTANILLA: Thank you. I think Mr. Arakawa answered my question inregards to the road is not going to be used as a through road. My question was going tobe about utility trucks, you know, like Maui Electric, the phone company, the gascompany. So thank you.

CHAIR MEDEIROS: Thank you, Member Pontanilla. Any other questions? Seeing none...I, Ihave a question, and I've asked this question before. Director, as we do legislation likethis what allows us to restrict vehicles from the road when they all pay the highway taxand the license taxes? And the reason I ask this, is this road, the load design is 10,000and below? What's the load design of this street?

MR. ARAKAWA: Mr. Chair, there are...with Vineyard Street, if the bill passes, there would beonly 12 streets within the County where there are such restrictions by vehicle weight. Inthis case, Vineyard Street is just a substandard traditional road within Wailuku townwhere we've received requests to restrict these types of vehicles. So it's basically done,currently, on, on a case-by-case basis and that's the genesis for the, the bill before you.

CHAIR MEDEIROS: Okay. Thank you for that. And now, it says in the new proposedlegislation buses providing County-funded transportation services, but in that same area itrepeals Maui Economic Opportunity buses. Now, is MEO buses considered Countyfunded?


November 30, 2009

MR. ARAKAWA: Yes, they receive County funds, so we would certainly consider itCounty-funded transportation services.

CHAIR MEDEIROS: So...but the bill shows that Maui Economic Opportunity buses are inbrackets meaning that it's repealed, but then they would be covered under theCounty-funded buses?

MR. ARAKAWA: That's correct.

CHAIR MEDEIROS: Okay. All right. Thank you. And I, I, think --

COUNCILMEMBER BALSA: Chair?

VICE-CHAIR PONTANILLA: Chair?

CHAIR MEDEIROS: --that's all I have for you at this time, Director. Member Baisa.

COUNCILMEMBER BALSA: Chair, I would be a little cautious about that because not allMEO buses are County-funded. Some are State-funded, some are Federal-funded, so Ithink I for one would much prefer to see MEO mentioned, and for the same reason thatyou don't want to stop the public transit. You don't want to stop the MEO buses beingable to go to the houses; otherwise, there's no point in it.

CHAIR MEDEIROS: Right. And, and I, I think the Director explained, you know, to me that,right, if it receives County funding, then it would fall in the area of being able to providethat.

COUNCILMEMBER BALSA: Correct, but they're not all County-funded. There may be anMEO bus that needs to go to a home in the area that is not County-funded and how wouldyou know unless you use generic MEO bus.

CHAIR MEDEIROS: And are you aware if the MEO buses are over 10,000 GVW?

COUNCILMEMBER BALSA: There are some biggies.

CHAIR MEDEIROS: That would go to a house?

COUNCILMEMBER BAISA: I don't think they'd be going to houses. But, you know, like Isaid, I'm not a Public Works person, but we want to be careful about just sayingCounty-funded buses.

CHAIR MEDEIROS: Okay. Director, you, you have any response?


November 30, 2009

MR. ARAKAWA: Mr. Chair, we have no objection to leaving the MEO language in if that's thewill of the Committee. We don't have any objection.

CHAIR MEDEIROS: For me, I just wanted it to be clarified to me, by deleting it that theywould be covered under the County-funded. Member Baisa, you want to make anyrecommendations to that?

VICE-CHAIR PONTANILLA: Chairman?

CHAIR MEDEIROS: Wait, I'm trying to get Member Baisa to complete.

COUNCILMEMBER BAISA: Chair, I will defer to my colleagues, but if it doesn't get done I'llbe happy to make that motion.

CHAIR MEDEIROS: Okay. Member Pontanilla.

VICE-CHAIR PONTANILLA: Yeah, I was just going to offer rather than County-funded,government-funded.

COUNCILMEMBER BAISA: Yeah, you could do that.

VICE-CHAIR PONTANILLA: So you take care of State, the Federal, as well as the County.

CHAIR MEDEIROS: Okay. That's a good recommendation, Member Pontanilla. Director, anycomments on that recommendation?

MR. ARAKAWA: No, we have no objections to that either.


MR. ARAKAWA: That will be fine.

CHAIR MEDEIROS: Okay. Member Baisa, you are in agreement with that recommendation?

COUNCILMEMBER BAISA: Yes, Chair, that I think solves the issue because most of thevehicles will be funded by one government fund or another unless the day comes whenwe have a philanthropist, but I haven't seen it yet. Thank you.

CHAIR MEDEIROS: Thank you. Okay. Member Pontanilla --

VICE-CHAIR PONTANILLA: Thank you.

CHAIR MEDEIROS: --would you want to make a motion?

VICE-CHAIR PONTANILLA: When, when you ready, Chairman.


November 30, 2009


VICE-CHAIR PONTANILLA: Once you do your recommendation --

CHAIR MEDEIROS: Right. Right. Okay.

VICE-CHAIR PONTANILLA: --I'll make the amendment.

CHAIR MEDEIROS: Okay. I'll see if anybody still has any questions, Members?

COUNCILMEMBER MOLINA: Recommendation.

COUNCILMEMBER BALSA: Recommendation.

CHAIR MEDEIROS: Recommendation. Okay. The Chair's recommendation will be that I willentertain a motion to recommend passage of the proposed bill and the filing of thecommunication.

VICE-CHAIR PONTANILLA: Mr. Chairman, I move to adopt the proposed bill entitled a billfor an ordinance amending Section 10.68.110, Maui County Code, prohibiting orregulating the use of roadways by certain classes of...or kinds of traffic.

COUNCILMEMBER VICTORINO: Mr. Chair, I second the motion.

CHAIR MEDEIROS: It's been moved by Member Pontanilla and seconded by MemberVictorino. Any further discussion, Members?

VICE-CHAIR PONTANILLA: Chairman?

CHAIR MEDEIROS: Mr. Pontanilla.

VICE-CHAIR PONTANILLA: Chairman, I'd like to amend the proposed resolution --

CHAIR MEDEIROS: Proceed.

VICE-CHAIR PONTANILLA: --on Page 2, No. 2, to replace County with government. So itwould read on Item 2, school buses and buses providing government-fundedtransportation services or...


COUNCILMEMBER BAISA: I second the motion.


November 30, 2009

CHAIR MEDEIROS: All right. It's been moved to do an amendment. And, Members, are youclear on the amendment or you want Staff to...

COUNCIL MEMBERS: No.

CHAIR MEDEIROS: No, everybody's clear. Okay. So it's been amended by MemberPontanilla, seconded by Member Baisa. Any further discussions? Seeing none, all infavor of the motion...the amendment signify by saying "aye".


CHAIR MEDEIROS: All opposed say "no".


NOES: None.

ABSTAIN: None.

ABSENT: None.

EXC.: None.

MOTION CARRIED.

ACTION: APPROVE amendment to main motion.

CHAIR MEDEIROS: Okay. The amendment passes unanimously with seven votes in theaffirmative and zero votes in the no. So, Members, any further discussion? Otherwise,we're back to the main motion as amended. All in favor of the main motion as amendedsignify by saying "aye".


CHAIR MEDEIROS: All opposed say "no".


November 30, 2009


NOES: None.

ABSTAIN: None.

ABSENT: None.

EXC.: None.

MOTION CARRIED.

ACTION: Recommending FIRST READING of bill, as amended, andFILING of communication.

CHAIR MEDEIROS: The motion passes with seven ayes and zero noes. So, Members, we havecompleted the agenda for today in our meeting. Any announcements wanted to be made?Member Kaho`ohalahala, you have an afternoon meeting?

COUNCILMEMBER KAHO`OHALAHALA: Yes, Chair, at 1:30.

CHAIR MEDEIROS: 1:30 Planning Committee meeting in these Chambers. If there are nofurther business or announcements, I want to thank the Administration representatives forbeing here and for our Staff, and thank all of you for being here early this morning to be apart of this meeting. At this time, the Infrastructure Management Committee meeting ofNovember 30 th , 2009, at 11:26 is now adjourned. . . . (gavel)..

ADJOURN: 11:26 a.m.

APPROVED:

BILL KAUAKEA MEDEIROS, ChairInfrastructure Management Committee

im:min:091130 Transcribed by: Jessica Cahill

-49-


November 30, 2009

CERTIFICATE

I, Jessica Cahill, hereby certify that the foregoing represents to the best of my ability, a true

and correct transcript of the proceedings. I further certify that I am not in any way concerned with the cause.

DATED this l e day of December, 2009, in Wailuku, Hawaii.

miues - maui county

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