Ask the Mayor

Mayor Alan Arakawa answers some of the most-asked questions submitted to his office staff.

Dear Mayor,

Q:  Can you please explain the outdoor lighting rules and advise residents what can be done if a neighbor is subjected to regular and annoying glare from another neighbor’s spotlights or floodlights?

A: Certainly. Outdoor lighting regulations are covered under Maui County Code, Chapter 20.35 which states that all outdoor lighting fixtures are required to be fully shielded, as defined in that Chapter, unless specifically exempted.  One such exemption is made for outdoor lights controlled by a motion sensor which is timed to turn off within five minutes.

If you are being subjected to annoying lights from a neighbor, the first step would be to contact your neighbor to let them know of the disturbance and the regulations for outdoor lighting. If you are still being subjected to the lights, you can submit a Request for Service through the County website, at www.mauicounty.gov/RFS to have a County Electrical Inspector investigate the outdoor lighting for compliance with MCC 20.35. Keep in mind that if a home is in a neighborhood with a homeowner’s association (HOA), the HOA may have its own standards relating to light intrusion. 

Aloha Mayor Arakawa:

Q: I live in Piilani Village II in Kihei, and my house backs up to what is supposed to be the continuation of Liloa Street north of Waipuilani known as the “collector” road. Every now and again the State, or perhaps it’s the County, sends some heavy earth-moving vehicles behind my house to do I’m-not-sure-what. Over the years, I have heard rumors that A) the space available between the opposing housing subdivisions is too narrow to accommodate a two-lane thoroughfare and still have room for a shoulder and sidewalks, or B) the wide gorge just to the north that carries run-off to the ocean would require a bridge that would involve engineering and Federal monies to proceed. When Joe Bertram was our State Representative, he promised a greenway walking and bike path—similar to that created on both sides of our roundabout except without the cars—but unfortunately he could not count that as one of his many accomplishments. Can you clarify exactly what the current State and County plans are for the development of that land and what, if any, timeframe one could expect?

A: According to our Public Works director, the North South Collector Road (NSCR) is still projected to be built in those sections where we have the right-of-way, like the Waipuilani to Ka Ono Ulu Road section. As you point out, bridges will be needed, which will be very expensive, so we will need to rely on Federal Highway funding to supplement the construction cost. The right-of-way in this area, at 60′ wide, is enough to do a two-lane road with supporting bike and pedestrian facilities. As part of the Federal planning process, we have positioned this portion of road in the Federal fiscal year 2019 budget, which would provide enough time to complete necessary studies, permitting and design. Other sections of the NSCR could then follow suit. The section from Ke Alii Alanui to Keonekai Road was a requirement of various project approvals, so I am pleased to report that we were able to to begin construction after working with the developer to overcome numerous land acquisition and permitting challenges.

Dear Mayor Arakawa, 

Q: Currently there are no speed bumps on Papa Avenue fronting Lihikai Elementary School. Are there plans to put in speed bumps by the crosswalks fronting Lihikai Elementary School as part of the new repaving project?

A: No, traffic calming devices will not be installed near Lihikai Elementary as part of the current re-paving project. Speed humps/bumps are only allowed on minor residential roadways. Papa Avenue is a major collector roadway, thus it is not eligible for the speed hump program or for speed tables, which are a wider variation of the residential area speed hump. However, all school zones do have speed limits that were designed to be respected by motorists and enforced by police.

Want to Ask the Mayor?

Submit your questions about County of Maui programs, services, operations or policies to Mayor Alan Arakawa via email: AskTheMayor@mauicounty.gov, phone: 270-7855 or mail: 200 S. High Street, 9^th Floor, Wailuku, Hawaii 96793. Questions submitted will be considered for inclusion in the Ask the Mayor column.

Mayor Alan Arakawa answers some of the most-asked questions submitted to his office staff.

Aloha Mayor:

Q: After five consecutive years of renting at the same property in Kihei, I am being asked to vacate because the mainland-based landlord wants to do vacation rentals. This action will displace a total of six individuals who now have to find somewhere else to live. I was wondering if private vacation rentals are even legal in Maui County. If so, what are the statutes regarding Transient Vacation Rentals? (TVRs)

A: Yes, private vacation rentals, both Bed & Breakfast (B&Bs) and Short-Term Rental Homes (STRHs), are legal in Maui County if they conform to the requirements of the B&B and STRH ordinances (Chapters 19.64 and 19.65 of the Maui County Code) and if the necessary permits are obtained from the Planning Department. To view the ordinances, visit www.mauicounty.gov/laws and click on “Ordinances.”

Aloha Mayor:

Q: As the number of motor vehicles of various types consistently increases on our island, it becomes more and more dangerous to pedal a bicycle, regardless of so-called “bike lanes,” which only offer the illusion of protection.  Relying on the few true safe bike paths inhibits traveling anywhere, which brings the question, is it legal to ride bicycles on sidewalks? I have not found the answer to this issue in the Maui County Code and turning to State statutes offers that it is OK, so long as cyclist yields to pedestrians and travels no more than 10 MPH, except in business districts. Are these areas designated by the County’s zoning districts, B-1 and B-2? Thus, would it be permissible in hotel or apartment zones? How would a cyclist know where it is allowable to ride on the sidewalk?

A: You are correct. Hawaii Revised Statute (HRS) 291C-148 prohibits riding a bike on a sidewalk in business districts. In other areas, it is allowed if the bike is traveling at 10 mph or less and if the driver yields the right-of-way to any pedestrians. HRS 291C-1 defines business districts very broadly as areas with buildings in use for business or industrial purposes. Please note that this description does not relate to County business zoning districts.

 Dear Mayor Arakawa,

Q: I am writing to make a complaint about excessive private businesses at Ukumehame Park. Large tour buses have been regularly pulling up and dropping off very large groups of patrons who are escorted to all sides of the park and loaded into at least 40 kayaks. The kayaks then encroach on the surf areas and waves, making it dangerous for surfers and swimmers as the kayaks are in shallow water and deep reef areas where the surfers wait for waves. In addition, there are multiple surf schools operating from trucks and clogging the surf areas in the ocean. If that weren’t enough, the surf schools are using flying drones equipped with video cameras out in the surf. A drone was level with my face and only a few feet in front of me when I was on a wave. Drones are dangerous, noisy and remove the peace we find in the surf. They are infringing on our privacy by filming all surfers. What are the rules on private enterprise and what is your plan to ensure enforcement? I appreciate your response and help in this matter as many of us residents are upset.

A: While Ukumehame is a County park, the task of monitoring the use of flying drones over the ocean falls under the jurisdiction of the Federal Aviation Administration (FAA). According to the FAA website, these business-use drones fall under the “Civil” category of what the FAA labels “Unmanned Aircraft Systems” (UAS).  Civil UAS operators may obtain a Special Airworthiness Certificate, Experimental Category, by demonstrating that their unmanned aircraft can operate safely within an assigned flight test area and cause no harm to the public. To file a safety-related complaint about at a UAS, visit www.faa.gov/contact/safety_hotline or call 1-866-835-5322 and dial Option 4. Regarding the issue of commercial activities, I checked with our Parks staff on the number of Commercial Ocean Recreational Activity (CORA) permits at the site. We currently have 11 vendors holding a total of 13 CORA permits at Ukumehame; these permits were grandfathered in when the current CORA rules went into effect in September 2009. The total includes 8 surfing permits, 3 kayak and 1 SCUBA permit for the park. Ukumehame is also used by certain vendors who hold secondary permits for utilizing the park when the weather conditions are blown out at other parks, which may explain why you have seen a high number of people in the water. The rules regulate vendors’ use of parking spaces and allow no more than 14 individuals (including patrons and instructors) at a time, per surfing permit. For kayaking, no more than 22 individuals are allowed at a time, per permit. For SCUBA, nor more than 18 individuals are allowed at a time, per permit. Enforcement of CORA activities is limited to the three rangers who make their rounds on a regular basis; however, we will again ask the Council next budget cycle for funding to hire additional rangers. To voice your suggestions or concerns regarding this issue, you can attend one of the community budget meetings this Fall or Council budget hearings next Spring. To view CORA rules online, visit www.mauicounty.gov/Parks and select “CORA” from the left menu.

 Want to Ask the Mayor?

Submit your questions about County of Maui programs, services, operations or policies to Mayor Alan Arakawa via email: AskTheMayor@mauicounty.gov, phone: 270-7855 or mail: 200 S. High Street, 9^th Floor, Wailuku, Hawaii 96793. Questions submitted will be considered for inclusion in the Ask the Mayor column.

Mayor Alan Arakawa answers some of the most recently asked questions submitted to his office staff.

Dear Mayor Arakawa:
 
 Q:  Why can’t I sit down on a bench or stand in the shade and wait for the bus at my stop in Kihei? I use the bus regularly and have spent a lot of my hard-earned money to do so, including purchasing daily and monthly passes. I can’t afford any other mode of transportation (apart from my bike, which I use as much as possible), and I know I’m not the only person on the island in this situation.

A:  While it wasn’t clear from your email which stop in Kihei you use, I can tell you that new bus shelters for Kihei are currently in the design process with construction tentatively slated for next fiscal year. The Kihei locations include both sides of Kamaole Shopping Center and Kamaole Beach III. Construction of new shelters this fiscal year is focused on the Lahaina area, which does not yet have any bus shelters. The shelters and benches are provided as a convenience to Maui Bus passengers, and while they are not required by law they are extremely helpful for our residents and visitors who utilize the Maui Bus. I appreciate your support for the Maui Bus and encourage you to send e-mail, written or personal testimony to the Budget Office, our County Transportation Department or the County Council to ask for additional funding that would allow us to work toward improving services, including additional bus shelters. You can also voice your request at the upcoming Community Budget Meeting in Kihei on Monday, Oct. 6 or at any of the other budget meetings; the schedule of meetings in each area is listed on the County website at www.mauicounty.gov/Budget .

Good Morning Mayor,
 
 Q: I am a full-time Lahaina resident and homeowner. I regularly use the pedestrian walkway that fronts Wahikuli Park in Lahaina. It is a wonderful feature and I am very grateful that you added it for us to enjoy! I am contacting you to request that you please change the irrigation schedule. The irrigation is on for the majority of the walkway when it is heavily used in the morning hours between 6 and 7:30 a.m. Users are struggling to get around the sprinklers without getting wet; we are trudging through mud and wet grass clippings and ultimately getting wet and muddy. If the timers could be changed so that the irrigation of the green space was completed by 5:30 a.m. then the walkway would be clear and safe during its heavily used hours in the morning. Thank you for your time and consideration.

A: While we cannot always accommodate specific requests, I am pleased to report that our Parks maintenance staff were able to adjust the irrigation timing so that it now turns off at 5:00 a.m. I am glad that the public is able to exercise safely and in such beautiful surroundings- Maui truly is No Ka Oi.

Your Honor:
 
Q:  Would you please tell us why all real property tax records are being digitized and now old records are being thrown out? The old paper records could be seen in full view but now have to ask for the right name, which is sometimes difficult when property owners have undivided interest in a parcel or we don’t know the exact TMK. Not everyone is computer literate.

A: After the Real Property field books were microfilmed in 1987, they became the official records because the physical books that were available to the public were subject to being removed and tampered with. It was found that people were even drawing in unpermitted additions on their own. The official scanned records, per County rules, may be destroyed after the paper records are microfilmed. These digital files, which are searchable by TMK, name or location as with our other records, and can be viewed on County computers and will be available online for public access in the future. The original books moved when the Real Property office changed location, but staff are always glad to assist with looking up a parcel.

Want to Ask the Mayor?
Submit your questions about County of Maui programs, services, operations or policies to Mayor Alan Arakawa via email:AskTheMayor@mauicounty.gov, phone: 270-7855 or mail: 200 S. High Street, 9th Floor, Wailuku, Hawaii 96793. Questions submitted will be considered for inclusion in the Ask the Mayor column.

Mayor Alan Arakawa answers some of the most-asked questions submitted to his office staff.

Dear Mayor Arakawa:

Q: There is a stretch of beach between Baldwin Beach Park and Pā‘ia bay, where the old lime kiln used to be, that has become a nudist gathering spot. Isn’t this an illegal activity? If so, what can be done to prevent this from going on as it has been for months now? This bay is right next to the Maui Youth and Cultural Center.

A: In talking with our Maui Police Department, they said that officers will respond to calls involving “open lewdness,” which is the law people violate when they expose themselves publicly. However, MPD recommends using two phone numbers for two different scenarios. If the person in question is nude but keeping to themselves, i.e. “passively” sunbathing, then police recommend calling their administrative line at 244-6400. If the person in question is being aggressive, exposing themselves to people and engaging in other forms of harassment, people should call 911. Police will respond in both cases but obviously there is a higher priority placed on the second scenario. Some people have asked whether they should take a picture of the nude sunbather with their cell phones as evidence for police when they arrive, but this is not necessary. Also, you run the risk of turning a passive situation into a confrontation if the individual sees you taking their picture. Better to let police handle the situation. Lastly, this question is another good reason why the County should take advantage of the offer by Alexander & Baldwin to give us 36 acres of coastline – which would include this beach – if the County purchases a lot in their Kahului business park for our new service center. We could clear out the sugar cane and brush and make the beach more accessible for the public, which in turn would likely deter this sort of nudity from happening in the first place.

Dear Mayor:

Q: On cruise ship days (currently Sundays/Mondays), crew members from the ship are jaywalking across to Maui Mall and back to the harbor by the banyan trees near the turn where Hana Highway and Ka‘ahumanu Avenue meet. Someone is going to get run over trying to cross over those five lanes of roads— that area by the old Kahului train depot is a really bad place to cross because it has a blind spot. The jaywalking happens all the time the ship is in, and the passengers from the ship see these crew members crossing at that spot so they try to cross the road too. I see a lot of people stuck in the middle of the road with both lanes of traffic passing them. Doesn’t the ship tell their employees to use the crosswalk at the stoplight by Longs? Please tag those people before someone gets hit! This is happening in the morning, during the day and also at night. I know because I drive through that area all the time.

A: Thank you for your comments about jaywalking near Kahului Harbor. Our Wailuku Patrol Commander has been informed about this so that MPD’s Community Police Officer in Kahului can work with cruise ship personnel to help inform crew members and visitors, and reduce the number of pedestrians who risk their lives just to save a few steps.

Aloha Mayor:

Q: Regarding the question you answered in last week’s column about motorcycles not triggering lights at some intersections: I’ve been told that if the light cycles two times, the rider may proceed through the red light with caution, of course, and common sense. Is this true?

A: According to Maui Police Department, while this is legal in other states, Hawai‘i State law does not have an exemption for motorcyclists to proceed through a red light. You can buy specialized magnets online that can help trigger the signals; however, before purchasing, consumers should carefully review the feedback from previous buyers as there is no guarantee that the magnet will work at all traffic signals. The magnets are mounted under the bike and send out a magnetic field that gets picked up by the sensors, which detect metal, not a vehicle’s weight.

Want to Ask the Mayor?
Submit your questions about County of Maui programs, services, operations or policies to Mayor Alan Arakawa via email:AskTheMayor@mauicounty.gov, phone: 270-7855 or mail: 200 S. High Street, 9th Floor, Wailuku, Hawaii 96793. Questions submitted will be considered for inclusion in the Ask the Mayor column.

Mayor Alan Arakawa answers some of the most-asked questions submitted to his office staff.

Dear Mayor: 
 
Q:  There was a great deal of confusion when trash pickups were disrupted by both the storm and by the County holiday recently. How are we supposed to know when our trash will be picked up after a County holiday, and how are we supposed to know the days and dates of County holidays? Also, because I live in Maui Meadows and participate in the County’s pilot “3-Can Plan” program, several neighbors and I are confused about our missed greenwaste pickup. As a result of the missed pickup, my can (and lots of others) are still next to the driveway. A lot of folks put out both blue and green cans yesterday. Can you please help explain how the missed pickups will be handled, to help reduce the volumes of giant plastic containers along the roads and byways of Maui Meadows? Thanks!

A: Certainly. For residential refuse accounts on Maui, the makeup collection following a County holiday will depend on the type of collection route you are on. For your “3-Can Plan” route in Maui Meadows, any missed greenwaste and recyclable pickups due to a holiday will be made on the next regularly scheduled pickup day for that color cart. For routes that have only one trash pickup per week (manual routes and 3-Can Plan trash bins), the missed pickup will be made up on the next County workday. For automated accounts (brown trash cart) with two pickups per week, your trash will be picked up on the next regularly scheduled pickup day. A flyer with details and a calendar of County holidays will be mailed soon to all residential refuse customers on Maui, Moloka‘i and Lāna‘i to help clear up any remaining confusion. The information will also be available online at www.mauicounty.gov/SolidWaste . While most people don’t make the connection, the closure of landfills on County holidays means that we cannot collect trash or greenwaste on those days because the trucks need somewhere to empty the waste and drop off compostable materials. (The County’s greenwaste processing contractor, EKO Composting, is located at the Central Maui Landfill and is also closed on holidays) It is unfortunate that the Solid Waste Division positions we requested were not funded during the recent Budget cycle for the coming year. However, we will continue to offer the best service we can with the staffing levels we were provided. Since our Community Budget meetings will be starting up soon in all areas of Maui County, I would encourage you to voice your comments on holiday landfill closures and no holiday trash pickups. Input from the public will be instrumental in informing the Council on the importance of these and many other funding decisions that are made.

Aloha Mr. Arakawa:
 
Q: I ride a motorcycle that weighs approximately 700 pounds with me aboard. I have noticed several times in various locations that this combined weight is insufficient to cause the signal to change in my favor. I am faced with a wait until another vehicle comes behind me or going through a red light when it is safe to do so. Why can’t the sensor be set so that the combined weight works in all locations? Mahalo.

A:  You bring up an issue that is sometimes difficult to solve. Detectors looped in the roadway lanes at intersections detect metal, not weight, and since motorcycles have less metal than most cars and a smaller footprint for the sensors to detect, they may go unnoticed. We can adjust the sensitivity of the detector loops, but if they are set too high they can actually start detecting vehicles in the adjoining traffic lane. It is recommended that motorcycles ride directly over the detector loop (which generally can be seen in the asphalt as small cuts filled with an asphalt sealant), and not in the middle of the loop where it is more difficult to detect motorcycles. Also, stop the motorcycle at the stop bar and do not pull past the stop bar or into the crosswalk because the loop detector is in the pavement behind the stop bar. If the above recommendations do not work well at a specific intersection, please let our Department of Public Works (DPW) know and we can evaluate whether increasing the sensitivity would be effective.  If it is a State-controlled intersection, DPW will let them know.

Dear Mayor:
  
 Q:  Is it legal to jaywalk in Pā‘ia?

A:  No. It is illegal to jaywalk if you are crossing Baldwin Avenue or Hana Highway between two traffic signals. According to the Hawai‘i Revised Statutes, if there is a traffic control signal in operation, pedestrians shall not cross at any place except in a marked crosswalk. If crosswalks are not available, pedestrians may cross a roadway at any point; however, they shall yield the right of way to all vehicles. The fine for jaywalking is $100.

 Want to Ask the Mayor?
Submit your questions about County of Maui programs, services, operations or policies to Mayor Alan Arakawa via email:AskTheMayor@mauicounty.gov , phone: 270-7855 or mail: 200 S. High Street, 9th Floor, Wailuku, Hawaii 96793. Questions submitted will be considered for inclusion in the Ask the Mayor column.

Ask the Mayor
Mayor Alan Arakawa answers some of the most-asked questions submitted to his office staff.

Dear Mayor:

Q: I read the story in the paper about the woman who collapsed at Costco and was saved. My husband had a similar experience at San Jose Airport. He was saved by quick-thinking passengers and airport staff who used CPR and the AED (automated external defibrillator) equipment at the airport. How can we get more of these installed in schools, shopping centers, offices, restaurants, at the beach, stadiums, and other places? Someone experiencing sudden cardiac arrest or other life-threatening situation needs immediate help. AEDs can save lives.

A: I agree, using an AED can help save a life when someone experiences sudden cardiac arrest. The County has installed these easy-to-use devices in all Maui Police Department (MPD) patrol cars and at many other County facilities such as fire stations and on every floor of the County Building. County employees are offered free CPR and AED training and certification, and an annual training is conducted for MPD. When a person has collapsed and their heart has stopped, they have a 50% chance of surviving if CPR is applied; they have a 70% chance of surviving if an AED is used. I urge all private businesses, agencies, churches and organizations to learn more about obtaining an AED, as it is possibly one of the best investments that can be made. The American Heart Association of Hawaii Maui Division can help answer questions you may have about the life-saving devices, and about related training you can offer your employees or members. Visit www.heart.org or call 244-7185. Please don’t wait until you lose a loved one to take CPR or AED training—the time to learn how to help is now, not during an emergency.

Dear Mayor:

Q: I am a visitor to Maui and have enjoyed my stay here for a month. During my stay I was a frequent visitor to Baldwin Beach. Although I enjoyed my outings, there was one aspect that was not enjoyable: all the dogs running around on the beach. Although there were some signs posted that require dogs to be leashed, this County Ordinance is obviously ignored.

A: First off, to report a leash law violation, please call the Maui Humane Society at 877-3680, extension 29; you can also document the violation if you have a cell phone or other camera handy. Maui County regulations are intended to ensure the humane treatment of Maui’s pets and the safety of our community, and restraint regulations such as leash laws protect public safety, as well as your pet, from any number of unpredictable dangers. Maui Humane Society (MHS) Humane Officers are tasked with enforcement of these laws; they also serve as educators and facilitators to pet owners all over the island. Under County and State statutes, MHS officers have the same authority and powers as a police officer to issue citations in the event that animal regulations or laws are violated, such as in the case of the dogs you observed running loose at the beach. This presents a dangerous situation for both animals and humans, as dogs that are allowed to run loose are at great risk of becoming lost, injured or killed. In addition, a loose dog can be a nuisance or threat to people and other animals. For this reason, the County has opened a dog park in Central Maui where pet owners can allow their dog to run leash-free in a controlled environment, rather than at the beach. We are also working on a second dog park in Makawao, where the community has worked hard to help make that a reality. Maui County Code 6.04.040 requires that your dog be under restraint at all times on the owner’s property, or on property other than the owner’s, a dog must be secured on a leash of not more than ten feet in length and a responsible person must hold the leash. This includes all beaches and parks in Maui County except leash-free dog parks. Leash law violations bring a fine of not more than $500. The minimum fine is not less than $50 for a first violation; a fine of not less than $100 for a second violation within five years after a prior violation; and a fine of not less than $200 for a third violation within five years after two prior violations.

Dear Mayor:

Q: I received my real property tax bill in the mail and need to pay it in time for the deadline this week (August 20th). Can I pay my bill online?

A: Yes, you can pay your real property tax bill online at www.mauicounty.gov/RPT; click on “Tax Payment Methods,” then “Electronic Payment Options.” You can pay online or by phone using your Visa, Master Card, American Express or Discover credit card, as well as with a debit card or electronic check drawn on a U.S. bank account in U.S. dollars. Credit cards or debit cards are not accepted for payment of real property tax at the counter at the service center at Maui Mall. Keep in mind that an administrative fee is charged by the service provider for the convenience of paying online. The County of Maui does not receive this fee, which is applied to each property tax payment processed. The service fee is 2.35 percent of the total amount being paid for with a credit card. Fees for debit card payments are a flat rate of $3.95. Fees for electronic check payments are $1.49.

Want to Ask the Mayor?
Submit your questions about County of Maui programs, services, operations or policies to Mayor Alan Arakawa via email: AskTheMayor@mauicounty.gov, phone: 270-7855 or mail: 200 S. High Street, 9th Floor, Wailuku, Hawaii 96793. Questions submitted will be considered for inclusion in the Ask the Mayor column.