Loading...
HomeMy WebLinkAbout11/02/2011 Regular Council MeetingCOUNCIL MEETING November 2, 2011 The Council Meeting of the Council of the County of Kauai was called to order by the Council Chair at the Council Chambers, 4396 Rice Street, Room 201, Uihu`e, Kauai, on Wednesday, November 2, 2011 at 9:06 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang Honorable KipuKai Kuali`i Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable Jay Furfaro Excused: Honorable JoAnn A. Yukimura APPROVAL OF AGENDA. Mr. Bynum moved for approval of the agenda as circulated, seconded by Mr. Chang, and unanimously carried. MINUTES of the following meetings of the Council: Council Meeting of September 7, 2011 Special Council Meeting of October 18, 2011 Public Hearing of October 19, 2011 re: Bills Nos. 2416, 2417 and 2418 Mr. Rapozo moved to approve the Minutes as circulated, seconded by Mr. Kuali`i, and unanimously carried. Chair Furfaro: There are no items on the consent calendar for today but is there anyone in the audience that would like to speak during this start of the Council Meeting? If not, I'd like to make note that we have from Steven Kurokawa, some testimony regarding a statement for the Historic Hanap6p6 Bridge when it comes up. He is making reference to Bill No. 2418 and I will present that for the County Clerk for the record. On that note, we can start on communications. Mr. Watanabe: Communication C 2011 -199. COMMUNICATIONS: C 2011 -199 Communication (06/08/2011) from Councilmember Chang, requesting agenda time for the Administration to provide the Council with a status 2 COUNCIL MEETING NOVEMBER 2, 2011 report on the Lydgate Pond Restoration Project: Mr. Rapozo moved to receive C 2011 -199 for the record, seconded by Mr. Bynum. Chair Furfaro: Thank you very much. On that note, I believe Mr. Rapozo is here to give us an update from the Parks Department. Please come right up. On that note, I will suspend the rules and Lenny, I see you have submitted for us a Lydgate Pond Repair Project Report? There being no objections, the rules were suspended. LENNY RAPOZO, PARKS & RECREATION DIRECTOR: Yes. Chair Furfaro: You have the floor. Mr. Lenny Rapozo: Good morning, for the record Department of Parks & Recreation, Lenny Rapozo. I'm here to follow up on a previous meeting that we had in the 6th of July as to mainly the pond as the water and the turbidity in the pond, as to the status and how any new developments that have occurred. I just wanted to point out that the original project was to return the wall surrounding the pond to its original height that the depth was dug between nine (9) to eleven (11) feet within the pond. Part of the project was to place that what was removed from the pond back on the beach as a small beach nourishment project, but after approximately three (3) feet of digging, of excavating, instead of sand they discovered silt and mud and that was placed on the beach which subsequently that material was found to be unsuitable for beach nourishment and that material was moved. The removal of the material from the pond disturbed or brought about silt from the bottom of the pond that was not anticipated and since that time, there has been concern as to the quality of the turbidity or the high turbidity within the pond. I have a brief scenario of pictures of what the pond looks like today. On page two (2), these pictures was done yesterday and I just wanted to show that the beach itself is nice and clean and I wanted to take this opportunity to thank the many volunteers that report there as part of the Friends of Lydgate Beach Park. They continue to maintain the beach for us. On page three (3) that photo shows a picture of a wave that is crashing over the wall, so there is wave action that continues to come over the wall and the wall prevents some of the waves from coming within the pond to make it user friendly. On page four (4) which is a different section of the wall as you can see some of the wall has already been falling because of the wave action that's currently going on. So that again will probably increase the water coming into the pond. Page five (5) is just another picture of swells and yesterday, these pictures were done yesterday at about 10:00, these pictures really shows that the tide was a little high at this time so a lot of the wave action was entering the pond. The significance of page six (6), that is a coconut tree and that coconut tree is pretty much in the middle of the pond and what I wanted to depict on this coconut tree is, this is the marking point the Department of Health uses as they go to this coconut tree straight to the middle of the pond and that's 3 COUNCIL MEETING NOVEMBER 2, 2011 where they take their readings. All the readings that we have provided in the previous meeting and what I am showing you today, I just wanted to show you that that's their demarcation, as where they go from there into the pond, to get a consistent reading that they take their readings from, that is their mark. On page seven (7) is the pond quality summary report that has been reported to us and we've been in contact with the Department of Health and these are the readings as you can see from May 2 on through when this was, their last reading that was taken on October the 3rd and it provides us with the bacteria level, the salinity level and the turbidity level. The pond was opened back again, it's noted on May 28, turbidity was pretty high and as of the early part of October, we can see the turbidity has dropped down to four point six, six (4.66). The subsequent pages nine (9) and ten (10) are corresponding date and turbidity levels that reflect on the previous report but it shows... it kind of gives a brief description is what the conditions were on that day as these readings were taken and some brief comments. On page twelve (12), is just a graph on the turbidity levels and as we can see once it opened, it was very high and for the most part, it's pretty much leveled out as it was prior work being done at the pond, although it's a little elevated but it kind of leveled out at a certain portion. On page thirteen (13) is a graph of the salinity of the pond and the salinity of the pond is... it tests how much salt that is in the water. If you note right around when the pond was reopened, salinity was really low and there is some belief that that's where you have fresh water mixed with the salt water. So as you can see... it's been the highest in October, so what that shows is that it's... there is a theory that there is a natural spring underneath the pond that some of this fresh water comes up and it affected the salinity of the water. Now the salinity is high which means you got more salt water within the pond which you know we're theorizing or thinking that. It's better for the recovery of the pond in terms of fish, more sand that is over what used to be more of silt. On page fourteen (14) is again the readings of the salinity samples that are taken which corresponds to the original report or prior report and it shows the conditions again as to what it corresponds on this reports were taken. As we discussed in July, we wanted to give Mother Nature a chance to do its work and to clean the pond and I believe it has. If you've been in the pond recently, there's more sand in the pond than there was previously. The fish has returned and the fish are bigger, I think. Yesterday I saw a barracuda that I never saw before, it's a nice size barracuda that at some point we will need to remove it because it will cause problems with fishermen... I mean for swimmers. But along the edges... but on page seventeen (17), this is a portion of the pond, it's a little bit closer up version on page eighteen (18) that there is a pocket of silt that still remains right in this area which hasn't cleaned out and maybe it's a possibility of the flow within the pond that he hasn't gotten or hasn't cleaned out. So as we had mentioned, we had discussed in May, we made a commitment to look at the consultant that helped us with this project to go back and revisit and to see what is the cause or are we 4 COUNCIL MEETING NOVEMBER 2, 2011 developing a scope of work with the consultant to address this issue within the pond. That's pretty much the update that I have for the pond. Chair Furfaro: Thank you. A few pieces I would like to follow up on... so we haven't had any readings for the last month? Mr. Lenny Rapozo: Chair Furfaro: Even though you don't have it here? Mr. Lenny Rapozo: us a report. Chair Furfaro: Mr. Lenny Rapozo: The last one (1) was done on October 3. Is there an ongoing recordkeeping of this? Every week the Department of Health sends So that's weekly now? Yes. Chair Furfaro: Is there going to be anybody here from the Department of Health? I made a call over. Mr. Lenny Rapozo: I am not aware of anybody coming. Chair Furfaro: Did the Administration request? Mr. Lenny Rapozo: I did not request the presence of Department of Health. You know I felt that he has provided with all this information and I'm not sure how much more he would be able to contribute. Chair Furfaro: Well I understand that but the reality is, I don't think you're the authority to tell us what those reports mean. For example, bacteria count in the water, what is an acceptable level? I mean you're the Parks Director, I would think the Department of Health would have made themselves available even at your request to share some level of understanding that we've met satisfactory level and you know there are many issues here so... do you know or through any discussion you had with them, Lenny, what is the appropriate or acceptable levels... Mr. Lenny Rapozo: It is way below of what is acceptable. It is acceptable. Chair Furfaro: Okay. 5 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Lenny Rapozo: Before we could even open the pond, it would have to be an acceptable level so it's been opened, the pond was opened when it was and at that time it meant the acceptable levels at Department of Health. Chair Furfaro: Yeah well I think that's assumed that we wouldn't have opened it if there was a danger, the question was we had to really convince the public that there were assurances that you know, it was at acceptable levels and I think what we wanted to get to... it's actually below acceptable levels. that? Mr. Lenny Rapozo: Chair Furfaro: Mr. Lenny Rapozo: Chair Furfaro: Mr. Lenny Rapozo: Yes. But we don't have something that reflects Not in a direct communication, no. No? Do you have a sample of the last report? Yes. Chair Furfaro: That indicates something to that effect? I know that with any health inspection, there is a point where the Department actually signs off on it saying that we've met the requirements. you. Mr. Lenny Rapozo: Chair Furfaro: Mr. Lenny Rapozo: and get their... I can provide a written communication for Good. I will check with the Department of Health Chair Furfaro: I would appreciate that very much Lenny, if you could. Also in the discussions that we had, we asked that when they did the testing that we would test from at least four (4) or five (5) spots, because of the spring in the pond. If we were testing from the same consistent spot, we might get various readings. Do you know if that occurred? Mr. Lenny Rapozo: I asked him about that and the Department of Health told me that the reason he does that is because he wants it to be a consistent report on a weekly basis. He hasn't moved because there is a concern that within the pond itself, so he focused on that one (1) area that he's been doing all this time. 6 COUNCIL MEETING NOVEMBER 2, 2011 Chair Furfaro: Ok. Because some of the comments from the citizens were the fact that it was different turbidity levels at different points of the pond, so whether he did one (1) and wanted to be consistent, the request was then where he would have done several from the same spot. But they chose only to do one (1) spot? Mr. Lenny Rapozo: Yes. Chair Furfaro: Okay. Well it seems your biggest challenge right now is... how are you going to remove the barracuda? Mr. Lenny Rapozo: challenge. Chair Furfaro: Mr. Bynum: edge? Mr. Lenny Rapozo: Mr. Bynum: Mr. Lenny Rapozo: Mr. Bynum: they're going... Mr. Lenny Rapozo: No fishing in the pond so there's the bigger Other members? Mr. Bynum. (inaudible)... is that right at the water's No, right in the middle of the pond. In the middle of the pond? Right. So when you say in the middle, you mean... Out into the water. Mr. Bynum: It's not just at the edge... in the middle of the sandy beach, it's out in the middle? Mr. Lenny Rapozo: Yes. Mr. Bynum: Okay, thank you. Chair Furfaro: Any other questions for Lenny? Seeing none... oh Councilwoman Nakamura. Ms. Nakamura: Just a point of clarification. We have data that goes back from January 10, 2011 and when did the actual construction take place of the digging? COUNCIL MEETING NOVEMBER 2, 2011 Mr. Lenny Rapozo: February, it started in February. Ms. Nakamura: Mr. Lenny Rapozo: Ms. Nakamura: was opened up in May? Mr. Lenny Rapozo: Ms. Nakamura: Mr. Lenny Rapozo: 26th, we were given an ok, Ms. Nakamura: Mr. Lenny Rapozo: Ms. Nakamura: construction. Mr. Lenny Rapozo: Ms. Nakamura: Mr. Lenny Rapozo: Ms. Nakamura: I believe the construction work was done in In February? Yes. Okay and then it was complete... and then it In May, on May 26. Okay. I'm sorry, May 28. After the readings of the iy on May 28 to open. Okay, so we have data pre- construction. Correct. During construction and then post Correct. At least five (5) months worth of data? Yeah. Okay. Mr. Lenny Rapozo: And part of it is that Department of Health because machines are in the water, they need to monitor the water quality and as part of the work, there's what they call curtains that was put along the wall. So whatever was disturbed wouldn't go out into the surrounded ocean. The Department of Health also monitored throughout construction because of the water quality. Ms. Nakamura: I think one (1) of the concerns, one (1) of the swimmers who came to testify last time you were here said that she couldn't even see her arms in the water, what's the situation? I haven't been there recently but that was my situation when I went out there but that was quite a few months ago. 8 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Lenny Rapozo: Yes I mean from personal experiences, it's greatly improved and the area I believe she swam when I met with her down there, it's clear. It's that one (1) pocket that I showed them... Ms. Nakamura: Close to the baby pool? Mr. Lenny Rapozo: Yes, right between the baby pool that it hasn't cleared up. We still have a layer of silt there. We are working with the consultant to come up with a scope of work to address that. Ms. Nakamura: Thank you. Chair Furfaro: Lenny, we just got a query from the Health Department, Gary is out testing at another project like today but can I assume that now going forward are we testing weekly now? Asking them to test weekly for another sixty (60) days or are they testing monthly? Mr. Lenny Rapozo: He continues to test weekly and as part of the query with the bacteria I can ask him how long he intends to do that. Chair Furfaro: I guess maybe you can set the tone for that? Mr. Lenny Rapozo: Okay. Chair Furfaro: Are there anymore questions from any members? If not, Lenny, I'm going to excuse you and ask you that maybe in six (6) months we revisit one (1) last time? Mr. Lenny Rapozo: Chair Furfaro: progress report. Mr. Lenny Rapozo: Sure. Okay. Thank you for the very complete Thank you. Chair Furfaro: And if it comes up on this schedule next time, I think it might be nice to have Gary here to explain some of the readings. Mr. Lenny Rapozo: I'll request it to him. Chair Furfaro: Compared to what the standard expectation is because... well I'm delighted to hear from you that we're below the levels as reported to you but it would be nice for the public to get the confirmation from the Department of Health. 9 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Lenny Rapozo: Chair Furfaro: Mr. Lenny Rapozo: Okay, sure. Lenny, thank you very much. Thank you. Chair Furfaro: Is there anyone in the audience that would like to testify on this? Yes Mr. Mickens. GLENN MICKENS: Thank you Jay, for the record Glenn Mickens. You have a copy of my testimony, let me read it for the record. First, I want to thank Councilmember Chang for getting this extremely important issue on the agenda and I want to thank Jay for his questions, I thought they were extremely relevant. In my opinion, there is absolutely no reason for this debacle to have happened with Morgan Pond in Lydgate Park. Very obviously those workers who dredged this finest swimming, snorkeling area on Kauai were not responsible for what happened. But whoever instructed those workers to proceed with the dredging before taking core samples to make sure there was a deep enough sand base was very wrong. This county has a history of not pointing the finger at those who make mistakes and taking disciplinary action but won't positive change only take place if we correct wrong actions that take place at the time? In my three (3) years of volunteering at Lydgate Park, some ten (10) years ago, I saw locals and visitors alike use this pond for recreation, relaxation and snorkeling and they loved it. The many tropical fish in this pond made it a natural aquarium for everyone but with this dredging mess making this pond a mud hole, no fish are even visible. Lenny says there's fish there, maybe, but you can't see them now. The dredging did remove some boulders... this is the positive side... the dredging did remove some of the boulders that used to be out there and I thought that was hazardous, so I thought that was very good to take those things and put the wall higher and the wall being higher is kind of a catch twenty -two because now that the wall is higher, it will prohibit some of that stuff from washing down the river from getting in the pond and having this mess like Lenny's thing shows here. On the other hand, it does prohibit sea water from coming in as readily it has to... the waves have to be... the waves and tide have to be pretty good to come over that wall, so as I say it's kind of like a catch twenty -two, you've done something good but you've also kept the water and the sand from washing in there. It seems that the huge amount of natural sand replenishment to this pond that is needed to bring it back to its normal condition is unlikely and only tons of sand brought in will make this wonderful place what it once was. 10 COUNCIL MEETING NOVEMBER 2, 2011 Thus we have another glaring example of our county's ready, fire, aim policy. Will no one in this administration ever look at the total picture before recklessly moving forward? And as an added note... I was at Morgan Pond yesterday talking to a man and his wife, both local people who were going for a swim in the pond. When I quizzed them about the condition of the pond today as opposed to what it was like before the dredging, they demonstrably said how the pond had been ruined for them. They pointed to the higher rock wall around the pond and as I pointed out before, it's not... the water isn't replenishing the sand and the salt water in the pond so it's getting stagnant. The lady said that there is now a stench in the water while swimming and it irritated her breathing. Both said that this pond was the place that they most recommended to their friends and family who visited Kauai for swimming and snorkeling but not in the condition it is now. If there are fish in the pond, the water is too muddy to see them and thus another attraction is lost. When I asked them who should be blamed for what has happened, they said the Mayor. When I asked a lifeguard there what he thought could be done to fix this problem, he said to probably bring in tons of sand. It is unlikely that enough sand will ever wash back through the new walls. I'm not particularly pointing the finger at anybody, I'm just saying the job... somebody should have taken a core sample of the place prior to the time, before they took all of that sand out of the place. Years ago, they started dredging that pond and it never got done, they had to have nets or something... Department of Health said they had to have nets and they didn't have them so it never got done at that time. I'm glad to see that they did the job but before they did it and if they knew they were going to remove all that sand base out there, at least have a standby tons of sand ready to go ahead and replenish the area as they've done in Waikiki and different places. That's my testimony I appreciate your time, thank you very much. Chair Furfaro: Mr. Mickens, I think we're probably going to ask for a revisit in six (6) months again which probably brings us to the month of May and that'll be exactly one (1) year since we opened it for the public. I'm glad to hear you say that you weren't pointing blame. The reality is we're constantly trying to make improvements there. I think everyone recognized that the pond was filling, that something needed to be done, and I don't know if anybody could have done a job to clean the pond and then expect the next day to be perfect. Thank you for your comments and your key eye in being down there but we will have this come back in May. Mr. Mickens: I appreciate too you bringing up the part of getting the Department of Health to come down there and monitoring because you know the woman said there's a stink out there. I haven't been swimming in the 11 COUNCIL MEETING NOVEMBER 2, 2011 thing to find out but she said there is a definite stench, so I'm glad to hear you say that they are going to have the Department of Health come down there and complete monitor that thing. I've always been a huge swimmer... and that's one (1) of the best places on the whole island to relax and snorkel, I think those facilities should be all around the island, I think it's a great asset to Kauai. I appreciate what you're doing, thank you very much. Chair Furfaro: Thank you Mr. Mickens. Is there anyone else? Did you want to direct something to Mr. Mickens? Mr. Mickens, could you come back? Mr. Chang: Good morning Mr. Mickens and thank you for your testimony. Mr. Mickens: Good morning Dickie. Mr. Chang: You said you were there yesterday? Mr. Mickens: Yes. Mr. Chang: And I know you talked to the local couple but on paragraph three (3) you talked about the natural aquarium for everybody but there was a dredging mess making the pond a mud hole with no fish that are even visible. You mentioned that you haven't been in the pond for a while? Mr. Mickens: No, it's been... before it was ever dredged. I used to go down there with my family and stuff. Mr. Chang: Because when this subject first came up after... what was that Memorial Day weekend, I think May 28 or what have you, that's when I first... was drawn to my attention that there was a taro patch underwater which felt extremely weird. I mentioned that I sunk within shin deep, not quite knee deep but was easy to get... Mr. Mickens: I remember you saying that. Mr. Chang: But I just want to let you know if and when you have a chance to go in the water, I was extremely surprised but most of the silt and mud is gone. I will tell you that I've been in the water three (3) hours ago, so I can stick my hand in but I have to look for the mud. Before you could find it without even trying and in response to there's no fish... when I was out there in the early part and I've been there thus far about four (4) times, I haven't been there because I thought there wasn't going to be change, no sense going every two (2) weeks or no sense go once a month because there wasn't going to be any change. Today I saw the (inaudible) schools that were smaller fishes that were probably the 12 COUNCIL MEETING NOVEMBER 2, 2011 same school that got bigger. The mamo school got bigger, the aholehole school got bigger, I saw one (1) palani and I saw these big fish, maybe the Chair might know what it is... it wasn't a papio, it was blue like an uhu, it was kind of a cross between a palani but they were big fish that were out there. Mr. Mickens: Turquoise? Mr. Chang: Turquoise. So the fish are there. Now I will say that I don't believe that the fish can get in and I don't believe that the fish can get out. I feel that the fish that were there actually were caught in there and didn't have a chance to get out when all the dredging and everything else was coming in. But the wall is so thick that not even the water can even make its way through, needless to say the fish but there are fish there and if you want to see the fish and for those who are out there, the pond... if you're looking at the pond and you look to the right, that's the only part that was never dredged. So within two (2) or three (3) feet or less, direct everyone to the right and you'll see all the fish, they're almost not anywhere else except the right hand side. One (1) of the other things I'd like to say and we'll talk about it... you know the (inaudible) that we had six (6) months ago which was very disturbing was caution the shoreline drops suddenly, throughout the duration of the six (6) months, it's kind of leveled out. It's not a three (3) feet deep and eight (8) feet down, it's a nice gradual walk out, so there's no alarm that you're going to sink straight in. But right from that sandy portion to where it starts to slightly drop off, there are fish along that shoreline there too, so straight out along the shoreline and off to the right, that's where you'll see fish. It's nothing like the way we all remember it, it's nothing like the way that we want to recommend our tourist but quite frankly there's been... and I'm shocked how mother nature works and I'm pleasantly surprised that the pond has taken a big turn that it has six (6) months ago. I would just like to say that I don't believe that it can be considered a mud hole anymore and there are fish, just to let you know. Mr. Mickens: That was more or less the lady's comment to me about what it was, he said it's like a mud hole out there at this stage of the game. Mr. Chang: And you know I've monitored and I've swam it and probably today was the worst day to get there because there were blustering trades, it was pretty cold but the visibility was still good in my opinion. The smell that you used to have like that mud churning smell... Mr. Mickens: Yeah, yeah. Mr. Chang: That was probably when that turbidity or what have you was you know we had more fresh water but right now I think it's just all open, clean salt water that you know... I did laps back and forth. Lenny had a testimony that at one (1) time old timers said there used to be a fresh water 13 COUNCIL MEETING NOVEMBER 2, 2011 spring there, so every time you swim, you could feel a cold spot and then you swim and you feel a cold spot, I went back and forth but I couldn't find the spring and I couldn't find that cold spot but I can tell you that there is also no odiferous muddy type of smell, it's salt like what the ocean smells like. Mr. Mickens: Yeah, that's what the lady was talking about the smelly sand out there in the water. Mr. Chang: It smelt like the ocean to me. Chair Furfaro: And on that note, there's no question posed, Mr. Chang, I'm going to hold your comments over to discussion. Mr. Chang: Okay. Mr. Mickens: Can I ask one (1) question, Jay? Chair Furfaro: I will give you that liberty but let's keep it to the point. Mr. Mickens: Thank you. Okay, why did they make that nine (9) foot drop off in the pond? The whole pond isn't nine (9) feet deep now obviously. Mr. Chang: It is not nine (9) feet deep? Mr. Mickens: No, no... I've watched the people out there walking. Some of the tourist were out there walking around still, the whole pond isn't nine (9) feet deep but there's that one (1) area I think the sign says caution or something nine (9) foot drop off, so why was that one (1) part of the pond made nine (9) feet? Mr. Chang: Well if I can answer that question, I don't know but I believe originally there was a membrane that was down there, it was specifically placed there. So when the operator was picking up the rocks as instructed and I'm just saying this from people that tell me things that don't want to be identified, the object was... here's the rock wall... the rocks that fall over which you saw evidence that there are rocks that are falling over right now, the job was to pick up the smaller rocks, put it back, thicken the wall, heighten the wall I believe... but all of a sudden... okay we need more rocks, we need more rocks, so the operator doing his job unsupervised so I'm told, started to pick up rocks and realized that the rocks were bigger rocks and it was specifically designed there by Dr. Morgan as a membrane. I believe that membrane got disturbed and consequently all the silt and the mud from forty (40), fifty (50) years or what have 14 COUNCIL MEETING NOVEMBER 2, 2011 you was to think that was accumulated hence that's where that quote un -quote mud bowl was located. Mr. Mickens: there... Chair Furfaro: he answered your question. Mr. Mickens: So when they took those big rocks out And we're going to leave it at that. I think Yes. Thank you Jay. Chair Furfaro: And I think he's making some self evaluations, I think some of us have seen comments about the original (inaudible) on rubber that was on the bottom and the design purpose but Glenn this will come back in another six (6) months and we hope to get some additional reading. Thank you for your evaluation as well. Mr. Mickens: Thank you Jay and thank you Dickie. Chair Furfaro: And thank you for your evaluation Mr. Chang from your swimming session this morning. I'm going to ask Lenny to come up again, Lenny you're passing out the Lydgate Pond water quality that I had queried earlier. Mr. Lenny Rapozo: For the record, Director of Parks & Recreation Lenny Rapozo. I want to thank my staff who is monitoring these proceedings and they are responding to some of the questions that the Chair had. On the bottom of the... this is the latest one that we just got, so we have up until October 26 was the last sample which was last week. On the bottom it gives us an idea as to what are acceptable levels, the Chair has asked. I entered... I'm not going to try to pronounce it but that's the bacteria level. So the acceptable level is anything under thirty -five (35), the levels have consistently been at ten (10) and these samples are collected approximately seventy -five (75) yards south of the pond... I'm sorry the (inaudible) samples collected approximately seventy -five (75) yards south of the pond was done during the construction so I hope this provides some information. Chair Furfaro: This is exactly what I was looking for. So the Enterococcus recommendation is less than thirty -five (35) and we're at ten (10)? Mr. Lenny Rapozo: Yes. Chair Furfaro: And this takes up until the 26th of October? Mr. Lenny Rapozo: Last week. 15 COUNCIL MEETING NOVEMBER 2, 2011 Chair Furfaro: what I was looking for. Mr. Lenny Rapozo: that... Thank you very much. This was exactly Thank your staff for seeing that and running Chair Furfaro: And I thank your staff for following the program here and getting this back to us. Any other questions of Lenny? If not, thank you very much. Mr. Lenny Rapozo: Thank you. Chair Furfaro: Oh, you had a question? Go right ahead. Mr. Kuali`i: Mahalo for being here. I want to say too that I really appreciate this report and I appreciate the pictures because the picture tells the story for sure and then the data on the levels. But in this new sheet... Enterococcus, I guess... all of it you're saying is consistently ten (10), a couple times there was twenty (20) and I think on May 211 see sixty -four (64). Prior to that on May 16 a hundred and twenty -four (124) and May 23 a hundred and ninety -two (192), so those three (3), sixty -four (64), one, twenty -four (124), and one, ninety -two (192), that's way above the thirty -five (35) that's acceptable. Do you have any idea what was going on at that time and would the beach have been closed? Mr. Lenny Rapozo: During the one, twenty -four (124)... Mr. Kuali`i: Yeah... Mr. Lenny Rapozo: There was a rain storm event and I particularly remember this because I had asked the contractor at the time and we got approval for them to go back because there was some big debris outside of the pond. There was this huge tree that we just had fixed the wall and it started to hit the wall and rocks started to fall back in already. At some point the tree got placed upon the wall and so... I know there was a rain event and we asked that to be cleared out and that's probably why those numbers were high during the rain events. Typically the numbers get high because of what transpires in the ocean. Mr. Kuali`i: So you said that about the one, twenty -four (124) and then seven (7) days later the one, ninety -two (192) related? Mr. Lenny Rapozo: Somewhere around there, yeah. We had some rain events during that time. Mr. Kuali`i: Thank you. 16 COUNCIL MEETING NOVEMBER 2, 2011 Chair Furfaro: Thank you. Lenny, again thank you for the report and I think you heard, I would hope that we can continue at least with weekly reports for maybe a period of maybe till the end of the year. And then maybe a report every other week until we see you again in May. Mr. Lenny Rapozo: Department of Health. Chair Furfaro: Mr. Lenny Rapozo: Chair Furfaro: question for Lenny? Mr. Bynum: Chair Furfaro: on this? ALICE PARKER: Chair Furfaro: our miss. I will have that discussion with the I would appreciate that very much. Thank you. Thank you. Mr. Bynum did you have a IRM Is there anyone else that would like to testify Thank you, Alice Parker... One (1) moment Alice, we have to turn off Ms. Parker: Alice Parker for the record. I apologize for being late and I didn't hear previous comments but this is referring to the turbidity and the silt on the bottom of Lydgate Ponds. My daughter and her fianc6 came in from California, my daughter from the Big Island, specifically for Lydgate. He's blind and getting totally blind and the only ocean water he's been in is Lydgate. They want to move here because of Lydgate but they were so disappointed with the bottom of the pool and the turbidity, so I hope that that can be cleared up. Thank you. Chair Furfaro: Thank you Alice. Mr. Rapozo has a question and if you didn't hear, we plan to continue to monitor this and revisit again in May. Mr. Rapozo: Alice, I just wanted to know when they were down at Lydgate? Ms. Parker: Okay, they came for my birthday but it was a week earlier, so it was about the nineteenth (19th) of September and they stayed at a hotel right near Lydgate. So it was in that area, I don't know if that was a high turbidity but the silt was really disappointing. 17 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Rapozo: Thank you. Chair Furfaro: Thank you again Alice. There being no objections, the meeting was called back to order. Chair Furfaro: Mr. Bynum, you have the floor. Mr. Bynum: I just wanted to give some history about this because I've been involved in Lydgate Park for more than twenty (20) years and right after the hurricane, well before the hurricane at the back of the pond the depth was between twelve (12) and sixteen (16) feet. We all know, those of us that live here that when the hurricane came, huge logs went out into the ocean, the storm drove them into the wall and there was a dramatic change in just a matter of days as a result of the hurricane. A lot of the rocks fell in and outside of the pond. We noticed right away more sand was moving in and the depth of the pond was changing and the Friends of Kamalam at the time, I remember meeting with Maryanne Kusaka and saying... who was Mayor at the time... saying we're going to need... eventually we're going to have to address this issue or there will be no bonds there, it will fill in. During the Kusaka Administration, the County worked with the Army Corp of Engineers to make sure we have a legal authority to repair the ponds, not reconstruct but repair, and because anytime you do anything in the ocean, environmentally is it's very difficult and it has to be done with a lot of sensitivity and thought. John Lydgate for years lobbied the various administrations to address the pond issue because we watched it come to where at the back of the pond, you could wade all the way out and it was four (4) to five (5) feet and regular swimmers were hitting the sand when they swam and eventually we would have no pond. I don't see it's my role to defend the Administration, I think I demonstrate I'm willing to be critical when it's appropriate but the Administration in this instance hired a consultant, did the environmental permitting, followed the recommendation of the consultant and monitored it and those of us who are really familiar with Lydgate know that for years that the pond was closed frequently because of high bacteria or these Enterococuus reports. Wood would come in there, that organic material would raise the bacteria level, and it was frequent to have the ponds closed and monitored by the Health Department. I believe that the Administration dotted all the I's and crossed all the T's, moved forward if they're... if we got bad guidance, it might have been from the consultant but we did bring in one of the premiere ocean engineering firms in the State to advise us and to set up this. I'm also a frequent visitor to the Lydgate Park and I spent a half day there and I make this difference day doing volunteer work and talk to a lot of folks who swim regularly in the ponds. I guess improvement is in the eye of the beholder because some people said, you ruined this it's terrible and many other people said oh I was really upset when this started but I see noticeable improvement occurring. We all love Lydgate and love those ponds, we really needed 18 COUNCIL MEETING NOVEMBER 2, 2011 to do something or else that asset wouldn't be there for us, and Lydgate would be a very different place if the whole pond was a foot deep. I think it's unfortunate that some unintended things occurred but nature seems to be making some improvements and I appreciate Mr. Chang who says that those drop offs are not as extreme, that it's not in the same state that it was six (6) months ago, so I think we have a good plan here. In defense of the Administration in this instance, I know that they followed all the proper procedures and they may have gotten bad... you know not complete information from the consultant but we're not the ocean experts, the consultants were and we followed the recommendations. Thanks for letting me put this in perspective. Chair Furfaro: Is there anyone else who would like to speak? Mr. Rapozo. Mr. Rapozo: Thank you Mr. Chair. Lenny, thank you for the report, I think the report was a good one. I do have a request that going forward for the next presentation that in fact we request and I'm asking that the Council makes the request for the Department of Health to do various or spot checks in various points as you brought up Mr. Chair in your earlier dialog. That in fact I think it's important that we get water testing samples from various locations in the pond because it appears that if we're going to test the same spot then we're more than likely going to get the same result. I'm more curious as to areas that maybe away from the suggested spring and where obviously the results of the testing could be impacted by the fresh water. So I would like to see if we can test may be five (5) areas for a thirty (30) day period as we go forward. One of the concerns, I know that we saw the pictures of the water coming over the rocks into the pond but I think is maybe a problem and Mr. Chang alluded to this earlier because he actually did an inspection of the wall, is... does the water get out? Is actual circulation occurring and I think the only people can really answer that is the consultant. I don't think it's fair to have our Parks Department answer for the consultant so I would ask that we send over a request to our consultant to get us a summary... because it's now been almost a year that if we could get a statement or a report from the consultant as to what they believe is occurring at Lydgate right now with circulation and so forth and if we could get that on a separate request to the consultant, I would appreciate that. Other than that I think the six (6) month review would be appropriate. Thank you. Chair Furfaro: Okay. Anymore discussion at the table? Mr. Chang. Mr. Chang: Thank you Chairman. As I was mentioning a little bit earlier I was actually pleasantly surprised how Mother Nature works in mysterious way. In my opinion from the six (6) months ago that we wanted to have a report, I think the beach has gotten a lot better and it's gotten noticeably better. The water goes over the wall and I don't really realize or I don't really think that if 19 COUNCIL MEETING NOVEMBER 2, 2011 people go to Lydgate Park and they look at the wall, it's almost an optical illusion, you don't realize that it's five (5), six (6) feet high at least and you don't also realize that it's twelve (12), fifteen (15) feet thick. If you look at the wall, you might think it's three (3) feet, you don't realize it that from the base to the top, it's a huge wall. Now during the high tide the water does go over, so we get nice salt replenishing the pond but there really isn't any movement that's happening on the bottom and you can tell because when you dive down, there's no leaves or twigs or anything moving along on the bottom. I'd like to have the consultants see as Mr. Rapozo was saying, if water is actually going out because I don't know what it was like back then but people tell me that there were different holes or pockets that fish could actually get in and get out. I don't believe fish can get in and I don't also believe that fish can get out. I'd also like to see the consultants when they talk or when they go and see what they assess, I would love for them to talk to the lifeguards because the lifeguards are there seven (7) days a week, eight (8) hours a day and they know the currents, tide and history and I think a lot can be learned by talking to the lifeguards... people that know that beach and that area the best, I don't believe that they were questioned from what I gathered. I did have an opportunity to speak to Gary yesterday and I thank him for the samples and I want to thank Ashley Bunda for following up with Gary, he was not planning on being here but yes I think there should be testing at various places there at Lydgate. I think other than the leaves that are on the bottom or the base or the waterlogged wood that's on the bottom, I think that if that was removed, the beach would look really nice and for the record the highest depth there is about seven (7) to eight (8) feet and you will not feel the silt unless you dive down. Unless you're an eight (8) foot tall person, you're not going to feel the bottom and if you feel the bottom, it's not going to be anywhere like it was in the past, it's cleared up and the shoreline area might give up two (2) or three (3) feet as I mentioned the right hand side where you can snorkel is about two (2) or three (3) feet and surprisingly the sand or right five (5), ten (10), fifteen (15) feet from the wall is also about two (2) to three (3) feet so you can almost walk around safely without going chest high all the way around. What I would like to say is that it has for many been disappointing and I know people in the visitor industry, we've all told people for years you have to go to Lydgate Park and a lot of times there are disappointment because people will walk in and if they can see around, they won't see the fish where we normally used to see fish but I don't think it's much of a consolation but if we direct them to the right hand side you will see about five (5) or six (6) different species of fish. I believe that now from what I saw firsthand, I think the next six (6) months is going to make a big difference but then again we got winter months and we'll see what the river mount does and then again it will be another change in process and that can happen but I was pleasantly surprised to see the progress of what was happening at Lydgate Park. Thank you Chairman. Chair Furfaro: Thank you. Anyone else? Mr. Kuali`i. 20 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Kuali`i: Thank you Mr. Chair. Just something really quick and it basically has to do with how the presentation was given. I think in the future if the presenter doesn't actually give a PowerPoint but hands out something like this, we have the benefit of seeing all the pictures and all the graphs but the public doesn't and we have the equipment I believe where you can just put it on the there... so I think in the future we should do that... because one (1) of these graphs especially is totally telling I mean the way the turbidity shows especially high in the month of May, a little high in June and July but coming down and then the whole period before... and then the new period now is very level and the graphs and pictures can be so telling. I think the public would appreciate it as well, so it's a great presentation, let's make sure everyone can see it. Thank you. Chair Furfaro: Does anyone else want to speak before I speak? Your note is well known, I don't think everyone in the Administration knows our capabilities of our new IV but obviously we want IT to give them some exposure to that because I don't see our staff making a presentation on their behalf when it's their report but there's a very excellent point and there is some discussion I actually had with IT yesterday and will expand it even further with an urgency. For a summary on this particular process right now, we are in agreement that somewhere in the second meeting of May of 2012, we're going to ask Parks to come back. Lenny giving us an update, we are also going to ask them if Gary Uenten can be available. I want to thank your staff for responding quickly to those particulars and then I'll be getting together with Ashley to send a communication to the consultant directly from the Chair here to talk in particular about the circulation and I will also be sending a request if we can have at least four (4) or five (5) other spots monitored a couple times from this point going forward, that we'll be looking for. For Mr. Chang there are several variations of uhu, I think the one you saw was just referred to as a blue uhu. and so we'll keep an eye out for him and Lenny we'll see what's happening with the barracuda school. The motion to receive C 2011 -199 for the record was then put, and unanimously carried. Chair Furfaro: Mr. Clerk can we have the next item? Mr. Watanabe: Next item is C 2011 -267. C 2011 -267 Communication (10/12/2011) from the Fire Chief, requesting Council approval to accept a $250.00 monetary donation from Maruyama and Associates to be utilized to defray the Fire Department's 20% cost to purchase the Combination Fire Safety /Sprinkler House Trailer: Mr. Kuali`i moved to approve C 2011 -267, seconded by Mr. Chang. Chair Furfaro: Can we make note of a special mahalo letter? Any discussion? 21 COUNCIL MEETING NOVEMBER 2, 2011 The motion to approve C 2011 -267 with a thank -you letter was then put, and unanimously carried. Chair Furfaro: Next item Mr. Clerk. Mr. Watanabe: Next item is C 2011 -268. C 2011 -268 Communication (10/12/2011) from the Fire Chief, requesting Council approval to accept a $3,000.00 monetary donation from Pioneer Hi -Bred International, Inc., to be utilized to defray the Fire Department's 20% cost to purchase the Combination Fire Safety /Sprinkler House Trailer: Mr. Rapozo moved to approve C 2011 -268 with a thank -you letter, seconded by Mr. Chang, and unanimously carried. Chair Furfaro: 1 269. Mr. Watanabe: Next item 269. C 2011 -269 Communication (10/13/2011) from the Executive on Transportation, requesting Council approval to receive a bench that will be handmade and donated to "The Kauai Bus" by the 3rd grade students of the Kamehameha Schools' Kali`imamo program. This after- school program being held at Kapa`a Elementary School teaches the value of servant leadership to its student participants: Mr. Kuali`i moved to approve C 2011 -269 with a thank -you letter, seconded by Mr. Rapozo. Chair Furfaro: Any discussion? Mr. Rapozo: I do, Mr. Chair. Chair Furfaro: Go right ahead. Mr. Rapozo: Being that this is a third grade group that is going to be doing this, I think we should do something special for these kids and maybe send an invitation for them to join us for a day here at a Council Meeting. A different type of mahalo letter, maybe individually signed by us or something like that, I think this is special for third grade students to do this. Pioneer and Maruyama and Associates, a nice thank -you card will suffice but I think for the third grader maybe we can do a little special. Just an opinion. Chair Furfaro: I think it's a good one (1) and if you would like to sponsor a resolution that can be framed as a thank -you, I will send a correspondence to them to tell them a resolution has been drafted for presentation on a day that they choose to attend the Council. 22 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Rapozo: That is a great idea, thank you. Mr. Kuali`i: I'd like to join you as a co- sponsor. Mr. Rapozo: You got it. Chair Furfaro: Very good, you have two (2) co- sponsors and we'll move on that thank -you letter framed as a resolution. Mr. Watanabe: Certificate. Chair Furfaro: Certificate, yes. Mr. Watanabe: We'll do, so noted. Chair Furfaro: Okay, on that note and knowing we're going to do a certificate. The motion to approve C 2011 -269 with a thank -you letter and certificate was then put, and unanimously carried. Chair Furfaro: Thank you very much, page two (2). Mr. Watanabe: Page two (2), next item C 2011 -270. C 2011 -270 Communication (10/19/2011) from the Chief of Field Operations & Maintenance, requesting Council approval to purchase a pneumatic post driver and portable air compressor for guardrail post installation. This equipment. will assist the County of Kauai to be in compliance with Federal and State guardrail installation practices. The approximate cost of the equipment is $14,000.00: Mr. Rapozo moved to approve C 2011 -270, seconded by Mr. Chang, and unanimously carried. Chair Furfaro: Next item, Legal Documents. Mr. Watanabe: Legal Documents C 2011 -271. LEGAL DOCUMENT: C 2011 -271 Communication (10/28/2011) from the Environmental Services Management Engineer, transmitting for Council consideration and approval, the following between the County and Grove Farm Company. 23 COUNCIL MEETING NOVEMBER 2, 2011 • Right -of -Entry Agreement granting the County entry to the premises situated at 3 -1850 Kaumuah'i Highway, Lihu`e, 96766, being TMK: (4) 3 -8- 02:001(portion), for gathering data to be used in the preparation of an environmental impact statement related to the development of a new sanitary landfill and resource recovery park. • To indemnify Grove Farm. Chair Furfaro: On that note, our Chief Engineer is still on his way over, I'm going to ask us to hold this thought and let us take a short recess until Mr. Dill is present. There being no objections, the Council recessed at 10:03 a.m. The Council reconvened at 10:16 a.m., and proceeded as follows: Mr. Bynum moved to approve C 2011 -271, seconded by Mr. Rapozo. Chair Furfaro: Mr. Dill and Mr. MaunaKea Trask, I would like to point out just a series of questions upfront before you introduce yourself. I'm assuming that this is part of the follow up with the Maalo ID site in the previous study that you would be able to give us some overview of the approach the County is taking in looking at this site and if this site is in fact is part of your scope for what will be a recovery park as well as the landfill site, as well as it potentially being a MRF, and that this is really a follow up on a study that was done earlier. I assume that is correct when we looked at the fifteen (15) citizens that sat on the study group by the five (5) districts on the island, this site was identified. Did I make the right interpretation here? There being no objections, the rules were suspended. LARRY DILL, COUNTY ENGINEER: Good morning Council Chair and members of the Council, Larry Dill, County Engineer. I don't have the background I guess... I wasn't around at that time of the study but I can tell you that the reason for this right -of -entry is because as part of the EIS that we are currently pursuing with our consultant ACON, the first phase of that EIS is to explore eight (8) different sites that were identified earlier by the MACLS the Mayor's Advisory Committee on Landfill Selection or Site, I forget... and so we are reviewing those eight (8) sites as required by the first phase of the EIS that we're doing. This is one of the sites and it's a site that we are aware there is a option for a recovery park and so that's why we are specifically including in the right -of -entry at this property, that we would also explore that potential site for a resource recovery park. Chair Furfaro: Okay so my assumptions on this investigation about its possible use as both a recovery resource park, a MRF and/or greenwaste site was the right assumption on my part? Mr. Dill: That is correct. Chair Furfaro: Thank you. Okay, please take forward your presentation. MAUNA KEA TRASK, DEPUTY COUNTY ATTORNEY: Aloha Councilmembers, Deputy County Attorney, Mauna Kea Trask on behalf of the 24 COUNCIL MEETING NOVEMBER 2, 2011 Public Works Department and with respect to this item. Simply like what Mr. Dill said, this is part of the process that we discussed at the prior Council Meeting. As far as looking at various landfill sites and exploring all alternatives and one of the alternatives is co- locating an RRP which includes a resource recovery park, various types of waste diversion and/or recycling activities. It's either going to be co- located on a landfill site on an adjoining property or again like we discussed no RRP or landfill only and various other options or alternatives. Given that the (inaudible) site it borders Grove Farm property and then because it's their property and we'd like to have our consultants and/or officers or employees go on to their property to conduct the EIS, it's a matter of course that they would like us as the property owners and the controllers of the premises to indemnify them, you know deal with certain liability issues which is appropriate under the law. Again given that we would be accepting liability or asking to indemnify the landowner as part of the preparation of the EIS, we need to come to you and ask for that permission and to have the County Clerk sign off, and so beyond that, that's where we're at. Chair Furfaro: Understood. So you're asking us to allow you for the purposes of doing the EIS, an agreement here and on that note I'll identify Mr. Rapozo who has some questions. Mr. Rapozo: Thank you. I guess it's just to clarify as I read the right -of -entry agreement there's the (inaudible) which is the general statement that in fact an EIS is being conducted for the stated purposes. But I guess the concern is after that when you get into the official whereas and the numbered items in number one (1) and number two (2) and in fact anywhere else in the document there's no mention of landfill for the purpose of siting a landfill, it's specific to the resource recovery park. Is this right -of -entry agreement especially for or only for the resource recovery park and not the landfill? Mr. Trask: to the back. Chair Furfaro: The correspondence that we very careful that the agenda recovery park. Thank you. I'm going to direct you to the map attached First of all I want to make a statement here. have on here references the landfill, so gentlemen be item is in fact referencing a landfill and a resource Mr. Trask: And the subject parcel is... it's difficult of the nature of the TMK but if you look on the right half of the map approximately right of what would be the middle, you can see the one (1) identified and it's a large parcel. In specific reference to this, the location of the RRP what we're looking at is right next door to State ADC property and so we're looking to, as far as this agreement goes, although it does say landfill within the heading and this is in the first whereas clause related to the construction operation of the landfill and/or other waste diversion related facilities hereinafter referred to as the RRP. We are going to be looking as to the subject of this right -of -entry just to the RRP. Mr. Rapozo: So not the landfill? Mr. Trask: Not the landfill in this document and the reason why is because from my understanding in speaking with the landowner working out the terms and conditions of this ROE, they felt more comfortable doing specific things at once, that way it is a specific task and it's easier to plan out the timetable. If you look at this paragraph seventeen (17), if I recall correctly, the 25 COUNCIL MEETING NOVEMBER 2, 2011 term of the agreement if it was to be too big, it could affect the term of it, it could be longer than needed, it's easier to control an activity like this if you just narrow the scope, and so this one is specifically for the RRP. Mr. Rapozo: On this TMK 02.001, that's specific TMK we're looking at just the RRP, the resource recovery park and not the landfill? And the landfill is going to be looked at in a separate TMK, is that what it is? Mr. Dill: The conceptual location now on the landfill and the RRP at this location sites the landfill as ADC land as it was mentioned and the RRP on Grove Farm. Mr. Rapozo: Okay. Mr. Dill: So that's why the right -of -entry references more the RRP because that's why we need the right -of -entry for is for Grove Farm. Mr. Rapozo: Correct. That's clear. So the landfill that the proposed landfill site is not on the Grove Farm property? Mr. Dill: Correct. Mr. Rapozo: Okay, that makes sense. I have one (1) more question. Will we be seeing right -of -entry agreements for the other sites? Mr. Dill: Right now we are not planning to actually go on the ground of the other sites depending on the way this study goes. Mr. Rapozo: Okay. If in fact the EIS identifies alternative sites then you will return with right -of -entry agreements? Mr. Dill: If appropriate, yes. Mr. Rapozo: Okay that's fine. Mr. Chair that's all I have. Chair Furfaro: Mr. Bynum. Mr. Bynum: I just to make sure going forward we don't have problems with some semantics because when I read this document as you just mentioned it says related to post construction and operation of a landfill and/or waste diversion related facilities here and referred to is resource recovery park and so that to me says resource recovery park, that term includes landfill and related things. I just see us getting into some difficulties going forward because resource recovery park not include the landfill or my assumption it was all one (1) package and you've already answered (a) if it's appropriate to have elements elsewhere that would be looked at right? I just want to... going forward make sure we're using the terms and meaning the same thing. Mr. Trask: Thank you for that. Mr. Bynum: That was a question? Mr. Trask: Oh. 26 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Bynum: Is resource recovery park include... does that mean like this document seems to say that that's a landfill and related... Mr. Trask: What we meant by that language related to the proposed construction and operation of a landfill and/or other waste diversion related facilities hereinafter referred to as the resource recovery park, again like it was briefly discussed prior Council agenda, in doing this EIS and this is done in incorporation with the preparation of the EIS and that whole process. In looking at this, it's difficult because the EIS itself is looking at the landfill and alternatives and other locations and the alternatives included are a list of them and in order to describe that we thought it would be best to include everything... landfill... it could include the RRP and everything and we think it would be a good option but again without, to avoid the appearance of a predetermination or (inaudible) EIS which it is not, it kind of needs to be general in a certain way. That's what we were trying to achieve to include everything but not to exclude anything. Mr. Bynum: For now the term resource recovery park includes landfill and related facilities? Mr. Trask: Well I'm just going to stick... I don't know if I can give you an answer because I'm comfortable with that language a landfill and/or other waste diversion related facilities, so I think that's the best I can say. Mr. Bynum: Okay. Chair Furfaro: I just want to say (inaudible) there's no tricks here from us, the reality is this verbiage came from the Attorney's Office. Mr. Trask: That's correct. Chair Furfaro: Okay. Mr. Kuali`i. Mr. Kuali`i: Aloha and mahalo. I'm just interested in knowing what is the size of the area that you are looking at, the TMK (4) 3 -8- 02:001 portion, so what are we looking at in acres for the resource recovery park in this instance? Mr. Trask: Just for clarification you want to know how big that parcel number one (1) is? Mr. Kuali`i: Maybe you can tell me both, how big it is and how much you're looking for to put the resource recovery park, what acreage... I mean maybe the studies will determine what... where exactly it's located in the bigger area but in the area that you are looking at and where you're going to end up. How many acres it's going to take for this RRP? Mr. Dill: Councilmember, I can't tell you what the area... (inaudible) other than to say that it's a very large parcel but the site we're looking at and it's still conceptual is approximately seventy -five (75) acres. Mr. Kuali`i: Earlier you had made a distinction between looking on Grove Farm land for this resource recovery park and that it's other land that would have the landfill? 27 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Dill: Mr. Kuali`i: Mr. Dill: Mr. Kuali`i: Mr. Dill: Correct. But those lands are adjacent? Correct. They're right next to each other? Correct. Mr. Kuali`i: And the land... the seventy -five (75) acres you said is just the whole area... or you're looking to end up with seventy -five (75) acres for use? Mr. Dill: The seventy -five (75) acres, I'm not sure I follow but the seventy -five (75) acres we're looking at is a conceptual size we're anticipated for the resource recovery park. Mr. Kuali`i: Okay. So this right -of -entry is looking at how many acres? Mr. Dill: ... Mr. Kuali`i: Seventy -five (75) acres or... Mr. Trask: Well it's... Mr. Kuali`i: Or some greater amount and you're looking for? Mr. Trask: The parcel itself and if you look at the attached map, on the top right hand corner you can see Hanama`ulu Town or a portion of the town as well as Mount Kalepa and if you look parcel number one (1) actually extends in looking at the map substantially mauka of Mount Kalepa and substantially towards Kilohana Crater, it's an old LP parcel and Grove Farm owns and it's a big one. The ROE covers the entire parcel and again like what Mr. Dill said it's going to be, they're going to be looking at adjacent in and around that area Of the ADC property and again without being able to look at the map or not really look at the map but specifically identify where on the map the acreage is on, I can't answer that. Mr. Kuali`i: I just have to say this map is really hard to see, maybe you could have made it bigger. I don't really understand it but you're saying the top right hand corner that's really dark, that's Hanama`ulu residential neighborhood? Mr. Trask: And Mount Kalepa. And this is just a reduction of the tax map on file zone three (3) section 8 plat two (2) and we reduced it to this side so it's easily attachable. Mr. Kuali`i: Yeah. Mr. Trask: Just for processing purposes to the ROE. 28 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Kuali`i: The area that we care about is just on the right there, right? Mr. Trask: The left. To the left of Kalepa portion, top right hand corner. Mr. Kuali`i: Okay, thank you. Chair Furfaro: Mr. Dill just so everybody's clear and I think we've seen the verbiage that came to us from the County Attorney and we got this potential parcels that abut each other and we do know from an environmental standard with the town of Hanamd'ulu, we probably have to survey some other easement roads to get to a parcel like this but more importantly when you use the term resource recovery center, the function of a MRF is inside the resource recovery center? Mr. Dill: Correct. Chair Furfaro: Okay, just so we're all clear. Mr. Dill: And the term we all use is resource recovery park. Chair Furfaro: That's right. So the seventy -five (75) acres includes in the park, includes the MRF. Do you know if you are evaluating it for a dirty MRF or an assorted MRF? Mr. Dill: Because of the conceptual stage of where we're at, we're looking at all options right now. Chair Furfaro: Okay. Thank you. Any other questions? Gentlemen, thank you very much. (inaudible). Mr. Dill: I apologize we're late. Chair Furfaro: Is there anyone in the audience that would like to speak? Glenn. Mr. Mickens: Thank you Jay, for the record Glenn Mickens. I just have a couple of questions, have the eight (8) sites been selected for evaluation of where the landfill will go and if the MRF is part of this whole selection process? The last time a site was picked by R.W. Beck was to be in an ongoing coffee operation, so what is the difference then and what we are doing now? In fact our Mayor in a meeting some months ago at the Kapa`a grammar school said that the Wailua area was the next site that the landfill should be sited. Is this the... I haven't been able to find that out, is this the site that we're talking about now... up there where the Wailua Falls area, is that the site we're talking about? Chair Furfaro: Let me try and give some clarity to this... there was five (5) communities identified within the County of Kauai of which each had three (3) members on a citizens advisory group. That citizen advisory group identified for a landfill eight (8) sites across the island based on a point system. 29 COUNCIL MEETING NOVEMBER 2, 2011 And there is a study on that and if you'd like to get a copy of it, I will be glad to get you one. Mr. Mickens: Thank you. Chair Furfaro: Now, of those sites we obviously know that for the best operating results and the operating results are operating results for each year's budget, not for the CIP. It has been highly recommended that the landfill and a resource recovery system be in proximity of each other. Now you reference MRF and I tried to clarify that earlier, the resource recovery facility that has a MRF in it, okay, because there are other options to recycling... steel products, wide appliances all of those things... and then there's the recyclable items that can be from glass to cardboard and so on... that's the MRF. I think they're attempting to do this survey to balance all three (3) of those needs within an operational area because that evaluation has to be made. How cost effective is it for us to operate? And so other than giving you that summary about what the citizens groups did, the relationship between a resource recovery center and a MRF, a dirty MRF everything comes dumped and you sort it there, a clean MRF is the items are sorted and then brought there, that's the difference. I hope I've answered your question to the best of my ability. Mr. Mickens: Well basically I'm just trying to find out whether that meeting that was at six (6) months or a year ago, whenever the Mayor was there at the thing and whether that was... that's the same site that we're discussing right now up there by Wailua? Chair Furfaro: I'm going to say, I see Mr. Bynum acknowledging his head... I wasn't present at that and I won't speak for the Mayor but if that's the assumption made then that's correct. Mr. Mickens: Well at that meeting the public was up in arms about a groundwater, there were all kinds of issues that came up and it just kind of dropped off at that stage of the game. I'm just wondering are we going back now to the same area and reviewing it to find out whether we can put it there or not? Chair Furfaro: I think to answer your question is... that's the whole purpose of this right -of- entry, is to review its feasibility, that's what we're doing right now. Reviewing the feasibility of the site so mentioned. Mr. Mickens: Okay. Chair Furfaro: That's what they're doing. It's not a decision made, it's an evaluation and its feasibility. Mr. Mickens: Who is the consultant? Is it R.W. Beck again or who's doing the consultant? Chair Furfaro: I believe it is tied to those people that participated in the original R.W. Beck proposal that sited the potential landfills. Mr. Mickens: Okay. Well if you have a copy of that... Chair Furfaro: I'd be glad to make my copy available to you. 30 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Mickens: I appreciate that. Chair Furfaro: Alice come right up. Ms. Parker: Alice Parker for the record. I had gone to the Hanamd'ulu Town meeting when the site was being questioned and as I understand it, the right of access off of Kaumualii Highway is to divert traffic from going through Hanama`ulu Town which was one of my concerns with the small school there and all too. And then the groundwater problems, I assume it had been addressed because I think that seems to be mainly fallow land up there which would be ideal for a landfill and recovery facility but we don't want to damage the groundwater, am I correct? Chair Furfaro: Alice, again I would say that you were present at the meeting, those were concerns of very high nature. I do know because of the concern from the community whatever site is there, they have to plan on alternative access roads. I hope I have answered to the best of my ability. Ms. Parker: Thank you. Chair Furfaro: Ken? KEN TAYLOR: Chair, members of the Council, my name is Ken Taylor. Although I'm happy to see some movement going forward for a material recovery center, I do have some concerns. First I would like to say that I think that we have to as quickly as possible get a MRF up and running on the island. What I'm concerned about is spending a lot of time and effort for this... part of a recovery center out there early on and then maybe down the road find out because of environmental issues or some other unknowns at this moment, that we can't site the landfill there. That would be a tragedy to spend all this time and money on this part of the activity and then find that the rest of it isn't going to follow through, follow forward. I think that we should be looking at siting a MRF quickly and get it up and running and there's no reason why it shouldn't be up and running in within a couple of years at the outset and then move forward with the overall project up there. Regardless when you take... whether you have a clean MRF or a dirty MRF is immaterial because in product the recovery material has to be loaded on barges down at the harbor and taken away from the island. It makes more sense to put the MRF closer to the waterfront at some point, and facilities I've seen on the mainland can be beautiful shell buildings that all of the operations go on inside and you would never know driving by that what was even happening inside these things. I just would caution spending a lot of time and money up there on this early aspect on this thing not knowing whether or not we'll actually get the whole operation up there and so I would hope that you would take that into consideration as you move forward with your decisions. Thank you. Chair Furfaro: Ken, I want to make sure you understand, the discussion about a clean or dirty MRF has impact, you may not see it, you may not understand that at the end of the day depending on what kind of MRF it is, there are operating costs that become attached to it. That is a long term issue that we should be aware of Second item, I want to make sure we all understand because this is for the gathering of information that can be used in the preparation of an environmental impact assessment /statement related to the development of a resource recovery center. This is not handpicked right now. This item on the 31 COUNCIL MEETING NOVEMBER 2, 2011 agenda is about gathering data, doing the due diligence. We just had an item here about Lydgate Pond about doing the due diligence, this is about doing the due diligence, that's the agenda item today. Your other comments are well received but until we can actually have some assumptions about additional roads and the impacts, hard to answer all the questions and I'm not trying to defend the Administration here, I'm just saying this is about the right -of -entry to do a due diligence. Okay. Anyone else would like to speak? There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: I do have a motion that was made earlier before we went to public comment on approving a right -of -entry and indemnification so that the appropriate work can be done on an environmental impact statement as related to the potential siting of this recovery center. Any further discussion? The motion to approve C 2011 -271 was then put, and unanimously carried. Chair Furfaro: Let's go on to claims, Mr. Clerk. Mr. Watanabe: Claims, we have two (2) claims C 2011 -272. CLAIMS: C 2011 -272 Communication (10/18/2011) from the Interim County Clerk Ricky Watanabe, transmitting a claim filed against the County of Kauai by Francis Pahia, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Rapozo moved to refer C 2011 -272 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr. Chang, and unanimously carried. C 2011 -273 Communication (10/19/2011) from the Interim County Clerk Ricky Watanabe, transmitting a claim filed against the County of Kauai by Alfred Aragona, for damages to his property, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Rapozo moved to refer C 2011 -272 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr. Chang, and unanimously carried. Chair Furfaro: Committee Reports. COMMITTEE REPORTS: HOUSING / TRANSPORTATION / ENERGY CONSERVATION & EFFICIENCY COMMITTEE REPORT: A report (No. CR -THE 2011 -03) submitted by the Housing / Transportation / Energy Conservation & Efficiency Committee, recommending that the following be received for the record: 32 COUNCIL MEETING NOVEMBER 2, 2011 "HTE 2011 -02 Communication (10/11/2011) from Celia Mahikoa, Executive on Transportation, requesting agenda time to provide a progress report on the Multimodal Land Transportation Plan," Mr. Bynum moved for approval of the report, seconded by Mr. Kuah'i, and unanimously carried. Chair Furfaro: Next item. PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE REPORT: A report (No. CR -PSE 2011 -10) submitted by the Public Safety & Environmental Services Committee, recommending that the following be received for the record: "PSE 2011 -04 Communication (10/19/2011) from Committee Chair Rapozo, requesting the presence of Larry Dill, County Engineer, to discuss the Administration's current plan, including applicable timetables, for the development of a new Municipal Solid Waste Landfill," Mr. Kuali`i moved for approval of the report, seconded by Mr. Bynum, and unanimously carried. Chair Furfaro: Next Committee Report. FINANCE / PARKS & RECREATION / PUBLIC WORKS PROGRAMS COMMITTEE REPORT: A report (No. CR -FPP 2011 -12) submitted by the Finance / Parks & Recreation / Public Works Programs Committee, recommending that the following be approved on second and final reading: "Bill No. 2418 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B- 2011 -733, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE BOND, GENERAL (CIP), AND HIGHWAY FUNDS (CIP)," Mr. Rapozo moved for approval of the report, seconded by Mr. Kuali`i, and unanimously carried. (See later for Bill No. 2418.) Chair Furfaro: We'll go to Bills for second reading. Mr. Watanabe: Bills for second reading, Bill No. 2418. 33 COUNCIL MEETING NOVEMBER 2, 2011 BILLS FOR SECOND READING: Bill No. 2418 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B -2011 -733, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2011 THROUGH JUNE 30, 2012, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE BOND, GENERAL (CIP), AND HIGHWAY FUNDS (CIP): Mr. Bynum moved to adopt Bill No. 2418 on second and final reading and that it be transmitted to the Mayor for his approval, seconded by Mr. Kuali`i. Chair Furfaro: Anyone in the audience wishes to speak on this item? Seeing no one... oh... come right up. There being no objections, the rules were suspended. ELSIE GODBEY: My name is Elsie Godbey. I'm kind of confused about the budget, is that about the bridge... Hanapepe Bridge and roads in Hanapepe? Chair Furfaro: Let me have Mr. Bynum respond to your question. Mr. Bynum: Yes this is the Bill that has many elements including the Hanapepe Bridge. We are posting by the ninth (9th) a discussion about... specifically about the Hanapepe Bridge. Ms. Godbey: I've been getting information that something was already going to be passed on the money bill of the bridge. Mr. Bynum: That's the bill that's before us now. Ms. Godbey: So, you're going to pass the budget... appropriate some money for the pedestrian walkway? Mr. Bynum: Part of this bill is appropriating money for the repairs to the Hanapepe Bridge. We have a commitment from the Administration that they're going to meet with us and explore the alternatives related to the walkway, so yes this does approve funds, it doesn't mean that the discussion... this means that the discussion begins, not that it ends. Ms. Godbey: Okay, great. Because I've been getting secondhand information that it's already approved for a certain part of the bridge which we have felt that it should have community discussion. 34 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Bynum: Right and that is... Chair Furfaro: I announced it that I've scheduled a new meeting for that discussion on the ninth (9th) of November. So there will be a new item, yet to be posted. you. Ms. Godbey: So the community has a chance? Chair Furfaro: Absolutely. November ninth (9th). Ms. Godbey: Okay, that's all I wanted to know. Thank Chair Furfaro: Hold on one (1) moment Elsie. Mr. Rapozo. Mr. Rapozo: Were you here at the last meeting? Ms. Godbey: Yes. Mr. Rapozo: Just so you understand and so that it's perfectly clear that the approval of this Bill today will allow the Administration to move forward on the improvements of the existing bridge. So I think that needs to be and I don't pretend that's not going to happen because it's going to happen. What the Administration is committed to and I spoke with Mr. Dill and Mr. Tabata yesterday or the day before, Monday I think... that they have committed and I think in Mr. Bynum's Committee to have a discussion and if necessary create another money bill that would be the funding mechanism for a walkway, a separate walkway meaning it would be a separate project. That is what the discussion we'll be having... Ms. Godbey: On the ninth (9th)? Mr. Rapozo: At the next meeting and that's where the community will have the input. Now the reason I'm supporting this bill is because I did get that commitment that the discussions will occur. Also this money bill will allow the Administration to make the Hanapepe Bridge ADA compliant, as far as the existing bridge. Ms. Godbey: Okay. Mr. Rapozo: Simply because... Ms. Godbey: But you're not saying that it's not compliant right now? 35 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Rapozo: No well there's no compliant necessary right now until we start to fix the bridge. When we do the improvements on the bridge, then we're required to do the ADA. This bill will allow for that compliance to take effect and I'm hoping that the discussion on the... because one (1) of the major problems with the elevated walkway was the ADA. Ms. Godbey: Yes. Mr. Rapozo: This bill will allow in my opinion and of course I'm no expert that we could argue that in fact the bridge improvements going forward with this Bill will make the Hanapepe Bridge ADA compliant and that's the discussion for another time. I just want you to understand that approving this Bill today will allow the Administration to move forward with the repairs of the existing bridge. Ms. Godbey: Mr. Rapozo: Ms. Godbey: community to have some input? But not to actually do it? I mean... It will start the process. You'll wait until next week for the Mr. Rapozo: No, because it will be a separate project... the walkway will be a separate project. Ms. Godbey: But... and... I'm getting a little confused. Mr. Rapozo: And I want to make sure you understand because I know there's a lot of rumors flying around on the Westside, it's best to get it cleared up. Ms. Godbey: What I've heard was that the money Bill was going to be passed today and that it was going to be about a walkway that they're going to immediately repair right away before we have any input on where they will be putting the walkway. What I've heard secondhand of course, was that the walkway was not going to be as it is right now. Mr. Rapozo: The current project doesn't do that. Going forward with this money Bill, the design that was presented by the Administration includes only the travel area of the bridge as it stands today. The walkway will be a separate project. Ms. Godbey: But you haven't decided what the walkways... COUNCIL MEETING Mr. Rapozo: Ms. Godbey: Mr. Rapozo: community and this Council. Ms. Godbey: Mr. Rapozo: Ms. Godbey: 36 NOVEMBER 2, 2011 Correct. That will be... Or where it will be? Correct. That will be after the input of the Fine that's all we wanted to know. That's all I want to. We heard rumors... Mr. Rapozo: You hear rumors, call up our office because there's a lot of that stuff going around and this is the best place to get it, right out of the horse's mouths. Chair Furfaro: So Elsie just to summarize. The Federal Government after we repair a facility, the Federal Government mandates that we make it ADA compliant. There's nowhere around repair and maintenance and capital improvements without getting some compliance. What we have from the Administration that both Mr. Rapozo and Mr. Bynum have secured from the Mayor, is a commitment to a new approach to that walkway that means so much to the community. Ms. Godbey: Chair Furfaro: agenda for November 9. Ms. Godbey: Chair Furfaro: The elevated walkway? And I have agreed to expressly put it on the Thank you. Thank you. Okay, Ken? Mr. Taylor: Chair, members of the Council, my name is Ken Taylor. I guess now I am confused because a couple months ago under discussion of the swinging bridge over here a lady from Honolulu indicated that if you were just repairing the existing bridge, it didn't necessarily have to meet ADA requirements. It is my understanding that again we have a historic bridge out there in Hanapepe that's being repaired I guess... Chair Furfaro: Ken, she may have misspoke. You need to check with the Hanama`ulu community on that. 37 COUNCIL MEETING NOVEMBER 2, 2011 Mr. Taylor: It was a lady from the State... Chair Furfaro: I understand and I just said to the best of my knowledge she may have misspoke. I don't have the facts, that's not the agenda item now. I'm not going to let members go into a discussion about Kalepa... I'm just telling you in response. Mr. Taylor: a discussion that took place... Chair Furfaro: Ms. Nakamura: Chair Furfaro: I'm not talking about Kalepa, I'm just using Not Kalepa... Kapaia. Kapaia. Mr. Taylor: I'm just talking about the comments that were made in reference to that bridge and how they relate to this bridge. Chair Furfaro: And Kapaia is not on the agenda today and I'm just saying to you that the lady may have misspoke. There's new information, that's not the agenda item today. The agenda item today is Hanapepe Bridge and this Council is attempting through Mr. Rapozo and Mr. Bynum to abstract some commitment from the Administration and that meeting will be on November 9. Mr. Taylor: Thank you. Chair Furfaro: Anyone else wishes to speak on this Bill for second reading? Mr. Mickens were you clear with what I said on the other one? Did you want to speak on Hanapepe? No? Okay. There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Mr. Rapozo. Mr. Rapozo: I just wanted to state that the Hanapepe Bridge is not on the SHPDs historical register at this point and that's the difference between the other bridge. Chair Furfaro: Thank you for making note of the historic register but the other bridge isn't on today's agenda, therefore members, I'm going to reserve the right to keep this discussion limited to Hanapepe. Any further discussion? Sorry Alice, I gave time for personal testimony and I called the Council back to order and we are getting ready to vote. 38 COUNCIL MEETING NOVEMBER 2, 2011 The motion to adopt Bill No. 2418 on second and final reading was then put, and carried by the following vote: FOR ADOPTION: AGAINST ADOPTION: EXCUSED & NOT VOTING: Mr. Watanabe: Bynum, Chang, Kuali`i, Nakamura, Rapozo, Furfaro TOTAL — 6, None TOTAL — 0, Yukimura TOTAL —1. Six (6) ayes. Chair Furfaro: Elsie, we will be back with an agenda item November 9. Thank you for coming. Where do we stand for right now? We have for the rest of the day for members, I would like to see if you can be back here at 12:15. We have a Sister City signing with the Mayor coming over. Secondly, I believe Mr. Rapozo is coming... Excuse me in the audience, we are not finished with our business... at 12:15 we have that signing, so please be back in the Chambers. Mr. Rapozo has submitted a notice that he will be leaving the Council in the afternoon and not be available for the 1:30 public hearing. The public hearing was scheduled to be handled by Mr. Rapozo, it will now be handled by Mr. Chang. So on or about 1:30 this body will be back in the Chambers. Thank you. ADJOURNMENT. The meeting was called back to order at 10:59 a.m., and there being no further business, the meeting was adjourned. Respectfully submitted, RICKY WATANBE Interim County Clerk (ds)