HomeMy WebLinkAbout12/14/2011 Regular Council MeetingCOUNCIL MEETING
December 14, 2011
The Council Meeting of the Council of the County of Kauai
order by Council Chair Furfaro at the Council Chambers, 4396
Suite 201, Lihu`e, Kauai, on Wednesday, December 14, 2011 at 9:07
following members answered the call of the roll:
Honorable Dickie Chang
Honorable KipuKai Kuali`i
Honorable Nadine K. Nakamura
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Honorable Jay Furfaro, Council Chair
EXCUSED: Honorable Tim Bynum
APPROVAL OF AGENDA.
was called to
Rice Street,
a.m., and the
Mr. Rapozo moved for approval of the agenda as circulated, seconded by
Ms. Yukimura, and unanimously carried.
Council Chair Furfaro: I'd like to move to the Consent Calendar. We have
one item, 326, a communication from the Chief of the Building Division
summarizing our building permits, the process report and value summary. Is there
anyone in the audience that would like to testify on this item or any other
communication that is on today's agenda? Okay, for the purpose of using your three
minutes now, Lonnie, please come up.
There being no objection, the rules were suspended.
LONNIE SYKOS: For the record, my name is Lonnie Sykos, good
morning. Thank you for the opportunity to exercise democracy and happy holidays
to you all.
Council Chair Furfaro: Happy Holidays.
Mr. Sykos: I'm here to speak about the communication from
the Mayor regarding, I believe, it is just four members to the various boards and
commissions. My issue has nothing to do with any of these people personally. My
issue has to do with a basic issue in civics. I have attended many different boards
and commission meetings, and in particular at the Fire Department and the Police
Commission. My civics belief is that boards and commissions are supposed to
represent the public and only the general public. They do not represent the mayor
and they do not represent the departments and commissions that they have
oversight over. My issue is in the background of the members of boards and
commissions, in particular the Police and the Fire Commissions. But they are not
unique in this, that they have very few, if no members, of the general public and
instead are filled with members who are retired from the industry that they are
supposed to be having oversight over, in particular the issue of people retiring from
our Police Department or our Fire Department and then serving on the board or
commission.. "I belong to a union," the argument that they need to be there in order
to deal with union issues is not supported in fact, and the fact that there is not a
representation of the general population leads the general public to believe that
COUNCIL MEETING - 2 - December 14, 2011
going to the boards and commissions is an ineffectual way to reach the public. And
so I have nothing against these people personally, but as part of your oversight of
Boards and Commissions, I would encourage you to look at the backgrounds of all
the board members and try and bring a broader cross section of our society into the
boards and commissions membership than currently exists. Thank you very much.
Council Chair Furfaro: Thank you, Lonnie. Lonnie, there is no exchange
at these periods of time, but I do want to make note that currently our rules do ask
that there is a representative from each political party, that they declare it in their
application. Also in the area of the Planning Commission, those commissioners,
there is a requirement that two represent labor, two represent business, two
represent environmentalists, and there is one that is the general public. So there
are some guidelines, but that is all I can interact with you for today and I thank you
for your testimony.
Mr. Sykos: Thank you very much, happy holidays.
Council Chair Furfaro: The same to you. Okay, on that note, is there
anyone else that would like to have a one -time communication to the Council this
morning? If not, let's go to our particular approval of the Consent Calendar.
There being no objection, the meeting was called back to order, and proceeded as
follows:
CONSENT CALENDAR:
C 2011 -326 Communication (11/10/2011) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Monthly
Report on Building Permit Information for the Month of November 2011, which
includes the following:
1) Building Permit Processing Report
2) Building Permit Estimated Value Summary
3) Building Permits Tracking Report
4) Building Permits Status
Mr. Rapozo moved to receive C 2011 -326 for the record, seconded by
Mr. Kuali`i, and unanimously carried.
Council Chair Furfaro: Thank you very much. Let's go to
Communications.
COMMUNICATIONS:
C 2011 -327 Communication (10/21/2011 and 11/04/2011) from the Council
Chair, requesting the presence of Ray McCormick, District Engineer, State
Department of Transportation (DOT), Kauai District, to update the County Council
on the DOT's efforts to address safety concerns between mile marker 2.9 and 3.4 on
Kuhio Highway (also known as the "Wailua Corridor "), and to provide an update on
the Wailua Bridge improvements and coastal erosion on Kaumuali`i Highway in
Kekaha: Mr. Rapozo moved to receive C 2011 -327 for the record, seconded by
Mr. Kuali`i.
Ms. Yukimura moved to suspend the rules, seconded by Mr. Rapozo, and
unanimously carried.
Council Chair Furfaro: Thank you very much. Ray, you have the floor.
COUNCIL MEETING - 3 - December 14, 2011
There being no objection, the rules were suspended.
RAY MCCORMICK, District Engineer, State Department of Transportation:
We will be making a presentation on the projects throughout the Kuhio Highway.
You did ask for a specific presentation on the current project that is going on, the
safety project. I felt that we would expand that out and just tell you about the other
projects that are coming up in that area as well.
Mr. McCormick: Thank you and thank you for inviting me. Yes?
Ms. Yukimura: Just as long as you give your name before you start.
Mr. McCormick: Oh, I'm Ray McCormick.
Ms. Yukimura: Thank you.
Mr. McCormick: I am the District Engineer for the Hawaii
Department of Transportation, Kaua`i's District. I've been over in that position for
a little while now and I'm having fun. Today I do want to touch base on the projects
plus I want to close the loop on something Representative or Councilman Chang
had asked for a while back on the cell phone. We are actually developing a
specialized sign for that. We're almost there. We don't work as fast as maybe you'd
like us to work and we didn't put pictures on it, and I don't have it up there on the
screen. So I would love to give you one, but basically it will look like a speed limit
sign, a white background that says "use of electronic devices while driving
prohibited." And that is how it will be set up along certain portions of the highway.
Right now we do have one electronic board up and that is at the airport. We were
going to put more, but we had some difficulties getting the boards out there and
getting them working, and a lot of them are out on construction projects and
maintenance projects right now. So we are moving forward with that.
Today I'm going to touch on Kuhio Highway projects, I call it, from end -to-
end. We'll take you all the way out to Ha`ena. And if anyone wants to talk a little
bit about long -range transportation plan and a few of the other issues that we have
out there, we can touch base on them as well. You also asked me to talk a little bit
about the Kekaha and Wailua Beach erosion. We're not the experts on that, but we
do know just a little bit and I will touch on that. The Corps of Engineers actually is
working on those items with us.
First, the project that has caused the most excitement and caused my phone
to ring an awful lot, this is a relatively small project out on Kuhio Highway. It goes
through the correctional center area; it goes up toward the Kapule intersection.
This particular project ... let me answer the questions on it first. The folks are
wanting to know, "Why in the world did you get out on that highway in the daylight
this time of year ?" This is a safety project. These are rumble strips. As most of you
have probably noticed, the rumble strips are all in. Those rumble strips can only be
put in by one company statewide currently. So we had a chance to get the company
over here during this October /November/December timeframe. If we would have
passed up on that chance — they're in high demand statewide - -we would have
probably lost this project for another six months or so. So we made a decision to
move forward with this rumble strip, the striping, and the raised pavement
markers to make this section of highway just a little bit safer.
COUNCIL MEETING - 4 - December 14, 2011
The fact that we're working in the daylight is another thing that people have
raised, a big issue that people have raised. We have a Shearwater restriction.
We're the only island with a Shearwater restriction from September 15 through the
middle of December. Sometimes that restriction gets pushed into January, as it did
last year, and we did no night work unless it's an absolute emergency in these areas
on the highway during that timeframe. So that is why we're out there in the
daylight. That is why we are doing the project now. And that is the biggest
complaint that folks are asking us, why not do it later? It is a safety project. We
did have one accident in October. It is the first accident we have had in a while and
we're just trying to prevent another accident in there. So although we've been
beaten up pretty bad on this one, it is going to turn out to be good. The striping is
the only thing left and that is the edge striping, the white striping. They are out
there today. If you drive through that corridor, you're probably going to get slowed
down because they are working in a tight area near the correctional center. That is
a tough area to work any time of the day. So we're actually putting the stripes in
that area. They've got actually two to three days of work left on this project. If the
weather cooperates, they will close this project down on Friday. If the weather does
not cooperate, we've got the main safety features in we want and we will shut the
project down until January because we have a "no lane closure restriction" that gets
applied every year between December 16 and January 2. So we would revisit the
project probably the first or second week of January and finish it. We are hoping all
goes well and we will be out of that corridor by Friday afternoon.
Another thing on that particular project, we only work from 9 a.m. to 2 p.m.,
which stretches that project out a little longer than it should be. Our typical
workday on the highway is 8:30 a.m. to 3:30 p.m. And we shut it down early
because of the amount of traffic on that particular piece of road. I can take
questions any time or I'll just keep on talking.
Council Chair Furfaro: I would prefer that you make the whole
presentation, Ray, then we'll have Q &A.
Mr. McCormick: Okay, thank you. Let me touch base on the
Kuhi6 Highway projects. They call this the short -term improvements and it
actually is because there is a longer term project in the works. The bridge is
complete. It is an Acrow Steel bridge. It has specialized coatings on it. It is coated
actually with the same paint system that is used on the Coast Guard and Navy
ships. So we're hoping to get a long life out of the painting or that's what we call ... it
is actually... most folks call it painting, we call it coating that's over a galvanized
bridge. So we're hoping to get a longer life on that bridge. We have a few punch list
items left to do on that project. These are just minor cleanup items and we've also
extended the project into the Kuamo`o intersection, just the paving portion of it
because the loops to our signal system are right in that intersection, and we need to
get in there and pave it and replace the loops and some of our hardware to that
signal system. We will be out of there probably ... by the end of February we'll be out
of the way in that area.
The four -lane widening itself, which is the rest of this project, it goes from
Kuamo`o Road back to the temporary bypass. The Section 106 consultation is
underway. It is a very sensitive area that we're working in culturally, so we want to
be very careful and do the right thing. At this point, we do not know when we'll
advertise this next section of highway, which actually is ... we've worked right up to
the Kuamo`o intersection which is here. We'll pave that intersection in the
January /February timeframe and at that point this project is complete. The four -
lane widening starts at that Kuamo`o intersection and continues on down to the
temporary bypass and that is nothing more than the addition of a lane, about
COUNCIL MEETING - 5 - December 14, 2011
15 feet of pavement maximum. In most areas, it is probably 10 feet of pavement
we're adding. Also as part of this project, the Fish and Wildlife Service have
required all of the utility lines to go underground and they will go underground up
to the Lydgate substation, back up to... actually they go underground back up to the
temporary bypass down at this end. The big money part of that project is actually
the undergrounding of the utilities. We anticipate that one starting up, we hope,
before 2013.
The Kapa`a Relief Route, that is the long -term solution or proposed solution
for the projects in that Wailua Corridor. The Draft Environmental Impact
Statement is still under review at the Hawaii DOT. The draft was developed and
given to us last year or actually in 2011. Every Environmental Impact Statement
has to go back through the federal government for legal review. They call it legal
sufficiency to make sure it stands up in court. We are also, in January /February
timeframe, we are looking to start up the Section 106, the consultation on that
particular draft environmental document. So that will be ongoing for a while, but
that does not slow the impact statement. The basis of the statement can still be
moved ahead. So we anticipate circulating the draft and having public meetings in
late 2012, early 2013, and what I have here is in the Draft Environmental Impact
Statement. As within any environmental impact statement, there are lots of
alternatives that have been considered and lots of them that have been thrown out.
This particular Draft Environmental Impact Statement, we have worked with the
State Historic Preservation Division, the Office of Hawaiian Affairs, and a lot of
other organizations to cull out the alignments that most likely will not work.
They've narrowed it down to what is considered four primary alternatives. These
could be a result of community input again and we could end up with more in the
mix by the time we go out to the public. You'll notice the one common link on all of
these alternatives, they all come back down right near the correctional center and
the golf course, and they go to four lanes back up to Kuhio — Ka-pule intersection.
So every one of them have a common endpoint and they all have a common endpoint
back on the other side until they come in by the ... back off of that temporary bypass.
The thing that most folks don't know about that environmental impact statement is
it has what we call transportation system modifications or short -term
improvements built into it. They would include in advance of any work done on the
major roadway whatever alignment is picked, we would actually be doing some
widening and adding a second lane to the Kapa`a Temporary Bypass down at this
end to get two lanes on this side. Right now it's a single lane. So we would upgrade
that. We would upgrade some work around Pouli Road. The intersection down here
near the Kauai Correctional Center is actually in that environmental document. It
is also showing up on another project that we've been working on as well to realign
that intersection to make it a little bit safer in that area. So there are a lot of things
tied to that environmental impact statement. So we're pushing very strongly on the
District and the Hawaii DOT side to get it out there and get it to the public.
Now I want to touch base on a few projects that as you watch these as I scroll
through them, don't get overly scared because we're actually... we've already caused
a lot of excitement on Kuhio Highway. Now we're backing up and we're going to
stay somewhat in that same area and do some intersection cleanup. Some of this
work is night work. Some of it will have to be done in the daylight. This particular
Kapule intersection down and that is right at Kapule — Kuhio and if you recall, it is
right at the end of the contraflow. What happens in that area is it is tight. So what
we're doing, about 100 yards on each side of that roadway, we're going to back up
and we're going to do a little widening. We're going to fix the bicycle lane so it is
safer coming in around that corner. And we're going to do some other safety
improvements to that intersection. So that's coming, it is actually underway. You
COUNCIL MEETING - 6 - December 14, 2011
just don't see no activity on it yet because they're still obtaining their permits and
that'll take a little while longer. The thing with that particular job is it's a fast
moving job, so we'll be in and out of there in less than six months.
The next one and another one on Ka-pule, this is the resurfacing from Ahukini
up to Kuhi6 Highway, right back up to that particular intersection. That project
has been bid out and we are ready to go to construction on it. That puts two
projects on that same corridor right in the same vicinity. We are working very
closely to coordinate those projects to keep the impact on the public to the
minimum.
The third one is Ahukini Road. We will be in that area paving Ahukini Road.
It has come up for resurfacing. It is part of an... and as you look at what I've just
run through there, it is part of a loop: Ahukini — Kuhi6 — Kapule. They are all part
of the ... what we consider the transportation loop in that area. If you plug one of
them up, cars will go another way, but we're trying not to plug any of them up. The
Ahukini resurfacing right now is planned to be a night job. It will come in 2012. It
will be a fairly fast moving project because it is asphalt resurfacing. It will also
have the new striping and I do not believe it has rumble strips because it has a low
volume. There's a little less traffic on that road.
Let me take you a little bit further down the road, back down to the Hanalei
area. We actually have some slope stabilization work going on down there. This
particular picture circles the... that's Hanalei Bridge, but the project is actually
right over in this area. Some of you may remember that we had a major slide over
there less than two years ago. We are right now trying to restabilize that area and
put what is called a... some rock fences in there and anchor that hillside back so it
doesn't fall on the highway again because whenever you plug this section of
roadway, it stops everything going into the businesses in Hanalei. So we're very
sensitive to that. We will be in there and getting that project done within ... that will
be a short duration project as well.
In that same area, we are actually... if you've gone out there recently you're
seeing the walls that are going in along the edge of the road. Those are to stabilize
those failing slopes that are actually under those roadways. So those are more or
less safety projects and we will be winding them down probably by February.
The Kuhi6 Highway repairs, we had to go in ... that's a historic roadway, just
so everybody knows. That's not actually the main part of Kuhi6. That's historic
Route 560. Once it goes to Princeville, you'll notice you go to a zero mile marker in
Princeville. From that point on, that's the historic roadway. We had to go in and do
some pavement repairs in that area. These are touch -up repairs, small project. We
are going to be able to go in there within probably two to three years and pave most
of that highway again because right now what we're doing is trying to get the worst
spots. We call it a patch and run: hit the worst spots, take care of the
reconstruction where we can. The follow -up project in less than two years, maybe
three, will be to go in and start repaving that area.
And that's a short presentation, but what I can ask people, and I ask
everybody at public meetings, is to stay involved with us. Our phone numbers are
public. Our emails are public and we do respond to calls. We do answer the
telephone. Sometimes it might take us, as some of you in the room might know, it
might take us a day or two to get back to you because we get lots of calls. Probably
the easiest way to contact us is through the internet, just email me. Willy Ortal is
our maintenance engineer. When you have potholes out there and are concerned
about our guinea grass and things that are blocking sight distance, those things can
COUNCIL MEETING - 7 - December 14, 2011
be referred over to the maintenance side and he can handle them faster than I can.
If you call me, I will get them to him, but it might be faster just to catch him right
up front.
I did not address anything on the Kaumuali`i side of the island: You were
specifically focused on Kuhio and our issues over there. We do have some projects
on Kaumuali`i. If you want me to just touch on them, I don't have slides on them,
but I can tell you status.
Council Chair Furfaro: Why don't you go ahead and touch on that, Ray,
and then I'll come back to you. Go ahead.
Mr. McCormick: The current project, which is the four laning from
Anonui back up to the Lihu`e Mill Bridge is winding down. We anticipate that
project to be fully complete by April with a little touch -up work May /June
timeframe.
The bridge project, we're actually adding a new bridge next to that existing
bridge over here at the Lihu`e Mill. We'll be widening out the existing bridge and
refurbishing it to make it safer and then we will be adding the second bridge on
what we call the mauka side of that. So those projects are actually, that's what we
call a design -build project. It's in the neighborhood of $40 million. So it's the very
first design -build project for the Hawaii DOT on Kauai. We had to work through it
very carefully. We do have three proposals in from different contractors. We vetted
them and we had actually four to start with. We've narrowed them down to three.
We just did the interviews on those three contractors earlier this week, actually
Monday, and we will make a selection in January of the preferred contractor to go
in and build the new bridge and refurbish the old bridge.
We do have some paving going on Anonui back to... actually Anonui back to
Kip u. We are just winding that paving job down. You've got rumble strips on that
one and also raised pavement markers that are being improved on there.
There is another project that is in the works. Its design... it's the one that
goes right from IUpu to Halfway Bridge. That particular project includes a turn -in
lane for the Kauai Humane Society because that is kind of a scary area when you
come out of the Humane Society. So we are trying to clean that up, make it safer.
That project we anticipate to be online and bid out within the next couple of
months. It is still going through the paperwork phase and the funding is there. We
just need to get it through our procurement office.
The PMRF coming toward the tree tunnel, we've had complaints about the
roadway striping in that area. My crews have a hard time keeping up with all of
the complaints on roadway striping and delineation. So we will actually be starting
in early 2012 the largest striping and delineation project ever attempted on Kauai.
So we're excited about that. By the time it gets done, we will have new striping and
new delineation all the way up to Halfway Bridge starting way at the end toward
PMRF. We hope to get that one ... well it is, it's bid. The preconstruction conference
is in January and that project is moving fast. It will be a fast mover. So it will
improve the safety of that highway out through that area. Now, some folks are
going to say, "Why are you out striping and paving some of that old pavement,
putting the stripes down on a little bit older ?" The fact is we can't afford to pave it
all at once, so I made a choice. I want to make it safe until we can get it paved.
When we pave it, put the new pavement in some of those areas, we'll make it even
safer.
COUNCIL MEETING - 8 - December 14, 2011
Then, let me touch Kekaha, Wailua. We're not experts on the erosion,
obviously. We do work with the Corps of Engineers. The Kekaha side did raise a
lot of concerns recently and the Wailua side too. We got trees falling, yeah. This is
more the area of DLNR and the Army Corps of Engineers, but we are working with
them in these areas, the Corps of Engineers in particular in Kekaha because we had
to shift a lifeguard station over there because of the erosion. I don't have the
answers to why things are eroding the way they are. I think that we'd have to leave
that to an erosion or a... one of them experts on shoreline protection, so that's not
me. I can tell you about highways and bridges.
And then the ... and I mentioned right up front the electronic sign. We are
working through that one. When I first envisioned that I had the vision of a picture
up there, but I was shot down by our people who handle signs in Honolulu. They
said you can't put a picture, but you can sure put the words. So we'll put the words,
we'll do our best on that.
And with that I'd like to thank you all and open it up for any questions you
have. I did mention long -range transportation plan because I know JoAnn might
bring it up.
Ms. Yukimura: How did you guess?
Mr. McCormick: Let me just touch on it. The final technical
advisory committee met. They have a lot of solutions. They're going back out for
citizen input in probably early 2012 and then with a final meeting, I was told
yesterday, bring the draft to the public in February or March, final meeting towards
the summertime. So we will have a lot of public input on that long -range
transportation plan. That's another one we all need to stay close to. The last long -
range transportation plan, as some of us know, was put together in 1997. It is old,
it's outdated, and we need to move forward, so I would very much encourage the
public to be involved in that one.
Council Chair Furfaro: Ray, before we go any further, I just want to follow
some of our guidelines with our rules. First of all, thank you very much for
responding to my request to be here and I want to let you know that I plan to invite
you back every six months to give us an update. We seem to get a lot of queries
about Kekaha and obviously that is in the state's jurisdiction on the erosion, but I
put it in my correspondence to you because the mutual concern seems to be any
effect that it might have on the roadways. The other particular piece that we were
all very interested in, before I call the public up for testimony and then we'll ask
you to come back, is the safety precautions we're taking on with the rumble strips in
Wailua. Could you just briefly tell me and what happens every time we resurface
that highway?
Mr. McCormick: When we resurface that highway, actually in the
Wailua area, the project that is going on now, those rumble strips are being put
down on older pavement. We're doing a little bit of experimenting out there. We
are going to pave that roadway within the next two to three years, but what we
wanted to find out is how those rumble strips... because it cuts into the existing
pavement, we wanted to see the result on a pavement, an older pavement, because
that's an older section of road, see how it performs. But we will be grinding them
all up within two to three years and actually going back and look for new pavement
to replace it. It is actually a small project. I know it made a big impact, but it is
one of our smaller ones.
COUNCIL MEETING - 9 - December 14, 2011
Council Chair Furfaro: Okay and then when you talk about the widening
of the area in front of Coco Palms, do I assume that the State Department of
Transportation is in fact in touch with the owners of the Coco Palms Resort...
Mr. McCormick: Yes.
Council Chair Furfaro: ... as to your implementing the fourth lane by
condemnation of their property or where are we at on that?
Mr. McCormick: The property is all purchased. We own it. The
folks in Honolulu maintain communication with the owners. The owners, I think,
switched recently. Yeah, we do talk to them when needed. There are some
agreements that were made with those folks, the original owners, and we're
working through some of those issues.
Council Chair Furfaro: So it was a purchase through what I assume was a
friendly needs assessment.
Mr. McCormick: Yeah, it was friendly, we think. We didn't need
much right -of -way for that project. It just goes out ... maybe the maximum widening
is right near that Kuamo`o intersection and that's because we're readjusting that
turn lane to make the road flow better. We're over about 15 feet on right -of -way
from the current edge of the road, if you look at it.
Council Chair Furfaro: Well, Ray, I'm going to ask if I can take public
comment, if you could sit in the audience. After the public comment, I will then
invite you back up for Q &A with the councilmembers. And again, thank you very
much for responding to my questions and again, we'd love to have you here at least
twice a year.
Mr. McCormick: Thank you. I'd really like to do that because things
do move fast; they do change. Some of the things I tell you today could be different
within a short time depending on funding and when projects can get scheduled. We
try to do the minimum impact to the public, but we have limited roads and limited
ways around when we get in the way, so it impacts us all. Thank you.
Council Chair Furfaro: Thank you very much. Is there anyone in the
audience that would... Glenn, come right up. And again, Ray, the reason I'm doing
it this way is so if they have specific questions, when you come back if you can
consider summarizing those responses if there are any questions that they raise.
Glenn, I'm going to give you your entire six minutes up front. So go right ahead.
GLENN MICKENS: Thank you, Jay. For the record Glenn Mickens.
You have a copy of my testimony, but since the Garden Island was good enough to
print it, I will not read the entire letter. Basically I thank Ray for his open door
policy with the public and I thank him and the Acrow people for their getting the
Wailua Bridge project finished in a timely manner. It's been a big pleasure to see
that. Ray pointed out there is the northbound and the southbound portions of the
thing that have some pretty good paving that has to be done and I'm glad to hear
him say that. I think he said something that he didn't have the funds to go ahead
and finish that project. But when you drive a truck over those things, it is quite
different than driving a well- sprung automobile over the things; you bump all over
the road. I criticize the 30 mile an hour speed limit along Kuhio Highway at all
times, night or day, whether construction is going on or not. For me this is
ridiculous and unless a police car is present, no one, no one will drive that speed.
With construction going on, traffic may need to go slower. When that rumble strip
COUNCIL MEETING _10- December 14, 2011
is being put on, I know that the bumper -to- bumper traffic, you're not even doing
30 miles an hour, which for safety purposes is good. In California, the law calls for
people to drive by the basic speed law, which means you can drive the speed limit
except when conditions don't allow it, such as rain, fog, smoke, weather conditions,
restricting factors. It works well there and I think it would work well here on
Kauai. I state that the old 50 mile an hour speed limit, before the 40 mile an hour
limit was installed, was fine for that portion of the highway. Drivers who exceeded
that limit and jumped lanes hazardly caused the accidents. It wasn't the 50 mile
an hour speed. That's an open highway and I could never see the problem there. It
all seemed to happen there by the prison and the golf course basically, I think.
That's where most of them happen.
And the south bound lane crossing the Wailua Bridge merges back into the
mauka side of the road causes traffic problems when the contraflow lane is not in
operation and that needs fixing. I think that probably... Ray, the only way you're
going to fix that probably is making Kuhio Highway four lanes because again, when
you have a three -lane highway, you're going to have to merge, which causes
problems.
The other issue that Ray brought up, that one lane widening, I think it is
going to be —correct me if I'm wrong, Ray —$29 million from Coco Palms to the
bypass road. It will be four lanes and it is going to go back to three lanes, and then
it is going to go back to two lanes through Kapa`a with a new signal to be installed
by Kintaro's Restaurant and I believe that's right —Ray, you can correct me again —
making three signals within about 1/8 of a mile. How will this one lane possibly
alleviate traffic? I don't understand it. Again, you're spending $29 million on
adding one lane. I thought that the one lane originally was meant to get people
coming out of Coco Palms so they could get out of that area and get along the
highway. But again, I don't understand. With those three signals now, no matter
what, whether you have five lanes or six lanes, if you have three signals there, the
signal is going to back the cars up regardless of what, once that signal changes.
And I know that the signals can be synchronized to be able to alleviate that
problem, but again, I don't understand why that one lane is going to be put in until
we can go through all of Kapa`a and it is going to have to be four lanes through
there to continue the whole area. It's the only way you're going to alleviate traffic
for me.
But anyway, again, I sincerely appreciate Ray's open door policy. You can
call him. I've called him many, many times and he's never in a hurry to get off the
phone. He'll answer any question you've got. So I do appreciate that. Thank you
very much, Jay. Any questions, I'll be happy to answer them.
Council Chair Furfaro: Well, I think the two questions that you posed are
most significant to us. We'll wait for Ray to come back and see if he can answer
those about the Kuamo`o merge and the south bound lane, as well as the third
signal light. Maybe he can touch on that when he comes back.
Mr. Mickens:
Council Chair Furfaro:
Thank you, Jay.
Okay. Ken, please come up.
KEN TAYLOR: Chair and Members of the Council, my name is
Ken Taylor. I, too, want to express gratitude for Ray's open door policy. It's a
breath of fresh air when you deal from time to time with county and state agencies,
so thank you, Ray. I think Ray is doing a great job on these situations and
working ... we sometimes get irritated when there's a little delay because of activities
COUNCIL MEETING - 11 - December 14, 2011
going on on the highway and yet we all want to see the safety and well -being of all
using the facilities, but we have to always remember that sometimes a little delay
today will save hours of delay in the future. So, again, I want all of us to realize the
importance of getting this work done.
The one issue that I think could be addressed very simply is in the evening
hours oftentimes when I'm coming back from a meeting, I'll stop at Safeway to pick
up a few groceries and things, and coming out I have the red light and I sit there
waiting and waiting and waiting for the light to change and nobody's coming up and
down the highway, and this is after nine o'clock in the evening. And so just recently
for whatever reason, the lights were just blinking, caution lights on the highway,
and you could stop and if it was clear you could take off. You didn't have to sit there
for five minutes waiting for the light to change. So my suggestion would be that we
look at, after nine o'clock in the evening, put those lights to flashing so that the
traffic can move without any problem. I think it would be a benefit to all. So thank
you, Council, for having this today and thank you, Ray, for being here.
Council Chair Furfaro: Thank you, Ken, and Ken, if I may, please take a
moment. I wanted to personally thank you and Glenn for participating in the
Council's Christmas presentation. You've almost become a part of this body and I
wanted to thank them. But I want to make sure you understood that even when
you were singing your time was limited to three minutes. Thank you very much
and Merry Christmas to you two gentlemen.
Mr. Taylor: Same to you and we missed you at the sing along.
Council Chair Furfaro: Okay. Mr. Heu.
GARY HEU, Managing Director: Thank you, Chair Furfaro, for the record
Gary Heu. I wasn't intending to testify, but I just wanted to thank also
Ray McCormick for the great job that he's doing. A lot of the work that we do
within the county, particularly in Public Works, in the Roads Division, requires us
to work very closely with the State Department of Transportation, Highway
Division, and we've found Ray to be a terrific local partner for us to work with.
Recently the Department of Transportation held a listening session here on Kauai
and they had their folks from harbors, airports, and state highways here, and the
County was invited to participate. So we had our folks from Parks & Recreation
attend relative to the bike path. We had our Public Works people, Larry Dill was
there representing Public Works and Celia Mahikoa for the Transportation portion
of the presentation, and it was just another example of attempting to create that
stronger partnership with our state agencies. And again I attribute some of the
success that we've had with some of our projects to the fact that we've been able to
develop a very good working relationship with the local DOT Highways folks. I
want to thank Ray for that.
And then just to comment, thank you, Mr. Mickens, for bringing up the issue
of the speed reduction on the Kuhio Highway segment between Hanamd'ulu and the
Wailua Bridge. As someone who travels that corridor twice a day and I know some
of you folks do too, I for one, just personally as a private citizen appreciate the
reduction in that speed limit from 50 to 40 miles per hour. To me, it makes a
tremendous difference in terms of my feeling safer as I travel through that corridor
at 40 miles per hour. And obviously not everyone is going to comply or adhere to
that speed limit, but in general I see people taking heed, driving approximately
40 miles per hour, and it just provides for a...what I feel is a safer drive in that
corridor, so thank you very much.
COUNCIL MEETING -12- December 14, 2011
Council Chair Furfaro: Thank you. Mr. Heu and I assume you are here for
the next item, 328, which deals with the Wailua Emergency?
Mr. Heu: Yes, I think Larry Dill was asked to be here and
I'm more than happy to speak to that agenda item when that does come up.
Council Chair Furfaro: I mean the reason I put it back to back was to make
sure we had some coordination with the state highways in the chamber at the same
time.
Mr. Heu: Sure.
Council Chair Furfaro: Thank you very much and I agree, those comments
are well deserved of Ray and his department. Okay, Ray, we have nobody else that
is wanting to speak. I'll bring you up now so that I can turn Q &A over to the
councilmembers and I believe I saw Vice Chair Yukimura wanting to pose some
questions. So I'll recognize you first.
Ms. Yukimura: Thank you, Chair. Thank you, Ray.
Mr. McCormick: Thank you.
Ms. Yukimura: It is really good to have you here and I appreciated
your presentation. Let's see, where do I start? I think I'll start with the long -range
land transportation plan, which you mentioned. We would like to have the
consultants and the DOT planning staff make a presentation to the Council and I
think it might be timely to have them before they go out to the public so that it is
just another way for them to let the public know they are going out and to maybe
give a preview to everybody about what is being discussed.
Mr. McCormick: Excellent, I think that's a great idea. We'll do that.
Ms. Yukimura: So if we can, maybe our staff can work with yours
to ... or their staff... you tell us to come sometime in February perhaps?
Mr. McCormick: Okay.
Ms. Yukimura: That would be . good... coordinated with their
schedule of outreach.
Council Chair Furfaro: May I just interject for a second? Vice Chair
Yukimura is our Housing and Transportation Chairperson, so that coordination will
come from her rather than my office.
Mr. McCormick: Okay, thank you.
Council Chair Furfaro: Thank you.
Ms. Yukimura: And then to your presentation about rumble strips,
you mentioned that ... well, let me just say that they are presently on the temporary
bypass, right?
Mr. McCormick: Yes.
COUNCIL MEETING -13- December 14, 2011
Ms. Yukimura: And having driven on that, I think they're quite
effective. They definitely keep you on your side of the road. So putting them in
here should help. What happens when you do a repaving? Do you go back in and
reinstall rumble strips on the new paving?
Mr. McCormick: We, on average, will repave a road every 10 years,
10 years plus, depending on the traffic on it. When we repave it, we typically will
grind them down an inch and a half to two inches. The rumble strips are actually
about 3/8- to 1/2 -inch deep. So when we go back in and do a repaving project, we'll
just grind them all up and do them again. The same thing with the striping and all
the markers, yeah.
Ms. Yukimura: On your Kuhio Highway short -term improvements,
the bridge going south, in the permanent goal or the long -range goal in that project
which is tied to, I guess, your ... let me just retract. Your Kuhio Highway short -term
improvement consists of two parts: the bridge project and then the four -lane
widening.
Mr. McCormick: Yes.
Ms. Yukimura: So when those are complete, then going south it
will be two lanes south that turn into one lane at the south end of the Wailua
Bridge?
Mr. McCormick: Yes, that is what will happen up there.
Ms. Yukimura: Okay, so how do you signal to people because even
now people are going pretty quickly on two lanes south and then they all have to all
of a sudden realize, oh, it turns into one lane. I guess, you're going to have more
permanent signage to tell people that.
Mr. McCormick: Actually we've got a problem in that area. When
we installed the bridge and put that merge in, you can either turn left or merge
back in. Actually we didn't think as closely as we ... we didn't expect as many
problems as we've had in there. So we're working through a few issues and trying
to readjust. It may mean more signage. It may mean to do a little bit better job
with some of the roadway markings in there. One thing we don't do a lot of is put a
lot of markings on the road. That would be the striping right on the road or a merge
sign right on the road. We're probably going to look at some things like that to try
to improve that. But it is a tough situation right there off the end of that bridge, we
realize that.
Ms. Yukimura: Because you have so many different turns to make
there, right?
Mr. McCormick: That's right.
Ms. Yukimura: And then just the nature of two merging into one. I
mean I've been concerned about that from the start, but I guess the answers I've
gotten have been, well, there will be enough traffic going up Kuamo`o Road so that
there won't be a problem. But I thought this whole project, all it will do is move a
congestion point about half a mile.
Mr. McCormick: There is potential in that, yes. And with all the
projects that we do through areas like that where it is narrow, it's hard to work in
those areas, and they do have a longer term solution, a plan. The fact that when we
COUNCIL MEETING -14- December 14, 2011
can go in and just do a little bit of modifications and improvement, and that's what
we think we've done. Your primary improvement when you look at that addition of
that lane is, as Mr. Mickens mentioned, the addition of another traffic signal. The
fact that we're going to have an additional one down by Kintaro's, they will be
reprogrammed and reset to be better synchronized. But a lot of what we're doing in
that particular project, although you're adding a lane, you're actually rethinking
some of the intersections and rethinking some of where traffic actually goes onto
that road. That's our major improvement, I think. It's in the intersections and how
traffic interacts and comes onto the highway to keep it from slowing down.
Ms. Yukimura: So your long -term solution to those issues, is that
the Kapa`a Relief Route?
Mr. McCormick: Yes, that one's been in the works for a long time.
Ms. Yukimura: Okay, but on the Kapa`a Relief Route, you're going
to have by Wailua —these maps are really helpful —two 2 -lane roads merging into
one 2 -lane road?
Mr. McCormick: Where did you see that?
Ms. Yukimura: Maybe we can show slide ... the built alternatives
map, which is page 5, if you don't count your cover sheet.
Mr. McCormick: That one?
Council Chair Furfaro: May I make a request of you in the future? As
Council Chairman, everybody knows one of my peeves is that we don't number
pages. For future presentations...
Mr. McCormick: Oh, number the page?
Council Chair Furfaro: Number the page.
Mr. McCormick: We can do that, sorry.
Council Chair Furfaro: Thank you, Ray.
Mr. McCormick: Is this the one you're talking about?
Ms. Yukimura: Yes.
Mr. McCormick: When you talk about merging back into two lanes,
are you down here?
Ms. Yukimura: So you see at the end where the colored roads come
into a brown road?
Mr. McCormick: By the correctional center?
Ms. Yukimura: Yes.
Mr. McCormick: This is actually going to be widened out to four
lanes in here. This is all... and as I talk about that environmental document, there
are roadway improvements within the document that once they make a final
decision on alignment, we can actually start on some of this work. So this is a four-
COUNCIL MEETING -15- December 14, 2011
lane widening back up to that Hanama`ulu intersection. So that's widened up
there. So wherever you see them come in common, that's four lanes. So this is
widened out through here.
Ms. Yukimura: Okay, so have your planning statistics showed that
when it comes to then the Kapule Highway — Kuhio Highway intersection you won't
have a bottleneck?
Mr. McCormick: That's the projections right now. They're not
showing a major...
Ms. Yukimura: Because sometimes even now that place
bottlenecks.
Mr. McCormick: But with the extra lane and more traffic flowing
back up Kuhio and the drop and the way it's going to be configured to go down
Kapule, we feel it's going to split the traffic up. That's basically the projections
we've got.
Ms. Yukimura: Okay and are you assuming a static number of cars
or are you ... is that going to accommodate projected growth and is there projected
growth? I don't even know that.
Mr. McCormick: There's projected growth in any of the
environmental documents we do. Yes, it is projected out, yes.
Ms. Yukimura: So how much is this project going to cost in its
totality?
Mr. McCormick: If you do it from end -to -end, the estimates right
now and let me just call them guesstimates because they're not firm. And as you
start working in areas with new alignment, the estimates that are showing up in
the environmental document are between $200 million and $300 million.
Ms. Yukimura: Okay. So there was some talk from the DOT that
given the economic situation both in the state and the county, there is no way we're
going to get that kind of money.
Mr. McCormick: It will be difficult to get that kind of money,
but ... let me back up to what I consider the important parts of that environmental
document. As you're working toward a final ... you know once an alignment is set, it
will be set through what is called a record of decision. The widening of the
temporary bypass to another lane, the reconfiguration down in this area and
bumping this out another lane, and reconfiguring some of the other roads that come
up through Kapa`a which are in that environmental document, those have potential
to relieve a lot of the traffic in advance of what they actually end up with, as far as
the alignment up there. So it's a good document. It's a $300 million ... when you
figure the average funding from the federal for the state is about $140 million a
year, we add another, I think, from the state side there's another $100 to
$200 million on top of that. So you're looking at maybe $300 million to $400 million
a year from the state side. Yeah, it would be hard to get $200 million up front. But
that's not how we do projects. We do projects such as Kaumuali`i Highway, we do
them piecemeal. We do them phased. Any projects that come from that
environmental impact statement will be phased. So as you start off on the new
alignment, that will be broken into probably what I would consider $30 to
$40 million increments because that is what we do on Kaumuali`i right now. The
COUNCIL MEETING -16- December 14, 2011
Lihu`e Mill Bridge is estimated at $40 million. The current project that is underway
out there is at $38 million. So we're doing them a piece at a time to get to our end
result. It takes us a long time and as you look at that particular road, that's a
major piece of work up there. When you look at that Wailua River and you start
thinking about a bridge over the Wailua River, that's a big bridge. That's what I
consider an H -3 type of bridge and I've worked on those. They're big, if we do that.
It depends on the alignment that finally gets set through public involvement and
through a lot of input from different groups.
Ms. Yukimura: You're saying that $300 to $400 million a year is
made available through the federal government to Kauai?
Mr. McCormick: No. I'm saying statewide...
Council Chair Furfaro: Excuse me, Ray, I'm going to have to interject here.
I would be glad to put this other phase on the next presentation to the Committee of
the Whole and I will let Councilwoman Yukimura finish.
Ms. Yukimura: Okay.
Council Chair Furfaro: But I want to make sure we understand. In our
rules, our agenda items dealt with a presentation from you on safety concerns, the
2.9 Wailua Corridor to the 3.4 mile marker, the bridge, the merging of the bridge,
and as I've already said, we can get more specific, but we should only be discussing
items that we actually posted in the narrative, and this will be, if you can
understand my point, Council Vice Chair, this will be in our next six -month update,
on the agenda item, a more specific area.
Ms. Yukimura: Well, I'm guessing this will be part of the long -
range land transportation plan.
Council Chair Furfaro: However you want it worded, just make sure it's
worded as such.
Ms. Yukimura: So then maybe we can discuss it in February.
Mr. McCormick: Okay, thank you.
Ms. Yukimura: My only last question to this is how is this ... how is
the EIS and how is the planning on this reflecting a policy of multi -modal
transportation?
Mr. McCormick: Well, actually that draft document was started way
before we got more heavily into multi - modal. It will address it though and I think
what is going to happen is through the public's involvement and through a lot of
discussions, whatever concerns there are for multi - modal, they'll get added back in.
They are in there now, but I think we do a better job today than we used to do on
that.
Ms. Yukimura: Okay, because it will be important that there be
enough data in the EIS process so that the public can really understand and look at
multi -modal choices or aspects and I'm a little worried that because it's been done
for so long and you're right, it started much before the discussions and awareness
about multi -modal that this very long -range project into the future right now might
miss all of that, so okay, great, thank you very much.
COUNCIL MEETING -17- December 14, 2011
Council Chair Furfaro: Thank you, Vice Chair, and Ray, you've got a
preview of her committee for February.
Mr. McCormick: Yes.
Council Chair Furfaro: And I would like to have you back towards the end
of the year, but certainly before we go into budget. And next, I have Mr. Rapozo
who has a series of questions and then Councilmember Nakamura. Mr. Rapozo, you
have the floor.
Mr. Rapozo: Thank you. Thank you, Ray. Just two questions.
Number one is regarding the rumble strips. You know at a town hall meeting, we
had a retired engineer from California, a roads engineer, and he had mentioned
that the rumble strips on asphalt is not very good because it allows the rain and the
water to get through the road and cause damage. You folks have any information
on that? Is that an accurate statement?
Mr. McCormick: We're aware of that problem. That's why when you
see the rumble strips, ours are indented. You'll see them come in with a special
sealer on them to keep that from happening. That's how we're doing ours.
Mr. Rapozo: So you're comfortable with the rumble strips on
asphalt? It's not a big problem?
Mr. McCormick: Not to us, no.
Mr. Rapozo: Okay and then the other question is really what I
think Mr. Taylor brought up, the flashing lights at intersections after nine o'clock. I
had never thought of that, but I think that's a pretty good idea because oftentimes
we do get stuck at an intersection with absolutely no traffic, which two things
happen: one, you either wait or two, you go through and you get a ticket.
Mr. McCormick: It's true.
Mr. Rapozo: Is that a possibility or does data show us that that's
not safe?
Mr. McCormick: When it flashes, it is going to flash red on one side
and a caution on the other. A lot of folks when they see a yellow flashing light, they
come to a stop, and so it would be a re- education. But more specifically on our
signals at night after ... we have a peak period ... those are all computerized. So after
a peak period, it goes to a program which will actually allow, say if you're coming
out of Safeway, it would trigger that signal to go through its cycle. The cycle on
those signals is 240 seconds. So when they cycle through, if people think they're
waiting a long time, but actually you've hit it and it's starting to cycle. But if it's
not in the late evening, that means we've got a problem with our detectors in there
and we will take a look at them.
Mr. Rapozo: Okay, thank you. That's all I have, Mr. Chair,
thank you.
Council Chair Furfaro: Okay, Councilmember Nakamura, followed by
Councilmember Chang.
COUNCIL MEETING -18- December 14, 2011
Ms. Nakamura: Thank you, Ray, for your presentation and for
always being so accessible. I wanted to ask you some questions. The first one has
to do with the one -lane widening in front of Coco Palms. So right now you're saying
you're going through the 106 process?
Mr. McCormick: Yes.
Ms. Nakamura: So does it look like construction beginning at least
two or three years out or do you have any...
Mr. McCormick: I think construction is at least a year out.
Ms. Nakamura: A year out and then completion?
Mr. McCormick: That's a quick project. Actually, the project from
the Highways' standpoint, it's nothing more than a small widening. To us what
really made it expensive is the undergrounding. So the highway portion, probably
out of the whole funding, is probably less than $10 million. The rest of it is that
undergrounding. So from a Highway point, yes, that will go quick. The
undergrounding will be a little bit slower because it is going to use some techniques
that have not been used on Kauai and they're going to tunnel actually 75 feet below
the Wailua River bottom and that's a 3 -foot diameter tunnel going under there for
those utilities, big one, yeah.
Ms. Nakamura: Yeah, okay and so that looks like a couple years out
before completion.
Mr. McCormick: Yes, it will be at least two years before completion.
Ms. Nakamura: So probably 2015?
Mr. McCormick: I would hope sooner, but yeah, could be.
Ms. Nakamura: Okay and on the Kekaha portion that you briefly
touched on, the concern is the coastal erosion and I guess the question is the impact
on the adjacent highway. And so just in your observations of that roadway, what
are the current impacts and do you foresee future impacts?
Mr. McCormick: If it keeps moving closer, we're going to need to do
more with some seawalls out there. Right now the Corps of Engineers, and they
will continue, we have an agreement with the Corps of Engineers to build the
seawalls and if we have an area that is starting to look bad... and the Corps is out
here probably a couple times a year reviewing different projects on- island and we
work fairly closely with those guys. And if we see one that is actually moving in or
if they see it, actually they catch a lot of it before we would because they understand
the coastal erosion better than us. So yeah, we would actually have to go in and
reinforce the side of the road. And as you go ... I mean jumping off of Kekaha, if you
go to the north side of the island, you'll see some areas that are already eroding
right up to the edge of the road that we're going to need to work with the Corps on.
Ms. Nakamura: And just for myself, too, I would say that the speed
reduction in front of the Wailua corridor, in front of the golf course area, to me, has
helped me. I feel a lot safer, too, driving along that roadway. Do we have any data
on whether there are fewer accidents as the result of the speed reduction?
COUNCIL MEETING - 19 - December 14, 2011
Mr. McCormick: The data that we do have shows fewer accidents,
but the primary type of accident we were looking at is those head -ons. And I was
real proud to say we hadn't had one since we reduced the speed limit, but then in
October we ended up with a crossover accident. So the number of serious accidents
have gone down. There are still accidents out there and you'll never stop those
totally.
Ms. Nakamura: Right and it seems like the long -term solution is
some barrier between the two lanes of traffic. Is that in the thinking in the long -
range planning in that area, the brown area?
Mr. McCormick: We have looked at that and we're actually looking
at a company that does some of these temporary barriers, like on Oahu, on the H -1,
where they actually move them from time to time.
Ms. Nakamura: The Jersey barriers?
Mr. McCormick: It's made by Barrier Systems. It is actually a truck
that comes in and can move them from one side to the other. That's how they do
their contraflow on Oahu and that's used throughout the mainland as well. We're
looking into those, but as far as a permanent wall between those roadways on
different directions of traffic, we looked at that and we decided against it. It is very
effective, but until you get a wider roadway out there, you don't have enough space
to do it correctly.
Ms. Nakamura: Right, so would that be ... could that be part of the
long -term fix?
Mr. McCormick: Yes, it could be.
Ms. Nakamura: Would it be a wall or could it be a land ... just a...
Mr. McCormick: A median.
Ms. Nakamura: A median strip?
Mr. McCormick: Yes, it could be a median, similar to what's being
done on Kaumuali`i Highway. That has a 10 -foot median in it and it's a grassed
median with some vegetation, some shrubs and...
Ms. Nakamura: I also wanted to acknowledge your office, our State
Representatives —I see Dee Morikawa here — for... and I know Representatives
Tokioka, Kawakami and Senator Kouchi because I think the Saturday coning along
the Wailua strip has been a huge benefit to the community. Personally I benefit
when I have to go to all the games in Lihu`e Saturday morning. So I think that's
been a great solution.
Mr. McCormick: Thank you. We've gotten nothing but positive
feedback on that. It was received better than I thought it would, so folks really like
it.
Ms. Nakamura: Thank you. Okay, thank you very much.
Council Chair Furfaro: Okay, Member Chang, followed by
Mr. KipuKai Kuali`i.
COUNCIL MEETING -20- December 14, 2011
Mr. Chang: Thank you, Mr. Chair, and Ray, thank you. I'm
just going to echo what everybody said. You're very, very accessible and you also
return calls very promptly, so we want to thank you. You know, I'm not sure if you
had mentioned this, but where you see the Wailua Golf Course and KCCC, is that
eventually going to butt one another? Is there a long -term plan maybe that the
entrance /exit of the golf course is going to line up with the entrance /exit of KCCC?
Mr. McCormick: This is what we were planning to do. After looking
at it with some of our highway engineers, they are thinking maybe we still should
keep them a little bit off - center to keep folks from having to do a full crossover in
there at that one main intersection. But we're actually still studying that one and I
think the long -term solution is going to be that they are going to line up across from
each other because just in my experience, just a regular intersection like that works
better. It's more efficient and it's safer.
Mr. Chang: And this is kind of in the line of what Ken Taylor
has mentioned and I called you on this a couple of times. You know when you do
construction, say for example the four -lane construction going on at Kaumuali`i
Highway. I can't remember the name of the road for KCFCU and the Kukui Grove
Shopping Center, you know that road, and then of course we have that intersection
at Chiefess Kamakahelei going into Kilohana. When we were detouring the cars
going this way, going this way, then everybody shot off to Puhi Road. When we do
detours, are you aware of the need to time the lights because there were backlogs all
the way from, as you probably remember, Kukui Grove to the Puhi area to
Chiefess Kamakahelei. I mean Puhi Road was so bad that it eventually led off into
the Mpu Bypass Road, where that also was even worse because there is no traffic
light at that point. Do we coordinate things when we detour? I mean how does
that work?
Mr. McCormick: We do coordinate things; however, on that
particular incident—we know that one well —our loops along that Puhi Road were
damaged and it was not letting our traffic flow correctly. We've since fixed that, but
it did cause a lot of backup. And yes, during any traffic movement out there, they
are actually approved in advance by my office and we do look at the lights and how
they're going to function during those times.
Mr. Chang:
get back in.
Okay and I think that's it. I'll just wait until we
Council Chair Furfaro: For discussion. Councilmember KipuKai.
Mr. Kuali`i: Thank you, Mr. Chair. Aloha and mahalo, Ray. In
your third slide you mentioned, in regards to the bullet on the four -lane widening
from the temporary bypass to Kuamo`o Road, that the Section 106 consultation is
underway and you mentioned that it is a very sensitive area culturally. Later in
the mention of Section 106, on the Kapa`a Relief Route, you say it is scheduled to
begin in 2012, two slides later. I'm just interested in knowing what does that mean
that it is underway? Does that mean there have been meetings with the public
already?
Mr. McCormick: The Section 106 process for the widening that we're
working through now, we've been meeting with Native Hawaiian organizations and
lineal descendents in the area. I think we just finished our seventh meeting about a
week or so ago and there will be more meetings. But the public is actually... can be
COUNCIL MEETING -21- December 14, 2011
invited to those meetings, but we've been focused on the Native Hawaiian
organizations, the lineal descendants, and the people who know most about the
culture in that area.
Mr. Kuali`i: Can you give some examples of who these
organizations are?
Mr. McCormick: Now you're testing me because I can't pronounce
some...
Mr. Kuali`i: But the Office of Hawaiian Affairs for one?
Mr. McCormick: Office of Hawaiian Affairs...
Mr. Kuali`i: Department of Hawaiian Home Lands?
Mr. McCormick: The Department of Hawaiian Home Lands has not
been to our meetings. The State Historic Preservation Division, the Preservation
Officer comes to those meetings; the representatives from the Office of Hawaiian
Affairs; and then the native Hawaiian organizations who are actually tied the
closest to the Wailua area, they do send representatives. And I cannot... and I
apologize, I cannot pronounce them.
Mr. Kuali`i: That's all right. So then the only other thing is if
you show the map with the entire area, the Kapa`a Relief Route, the big map with
the four alternative alignments? Yeah, so the dark area here from the Hanamd'ulu
intersection to the Wailua Golf Course, that's four lanes, right?
Mr. McCormick: That will be four lanes.
Mr. Kuali`i: But the four lanes you're talking about where the
106 is underway is the four lanes in front of Coco Palms.
Mr. McCormick: Correct.
Mr. Kuali`i: And that is actually where the red and green lines
are and they continue to where the current bypass intersects with Kuhio Highway,
which is the gray line.
Mr. McCormick: Yeah, yeah, you're talking about up here.
Mr. Kuali`i: Four lanes.
Mr. McCormick: (Inaudible.)
Mr. Kuali`i: Because the red line is just an alternative
alignment, but it is not the four -lane expansion that's...
Mr. McCormick: No, sir, the four -lane expansion... right there. Right
here is the four -lane expansion, and you'll see the bridge project was just finished.
We'll be paving it right up to that Kuamo`o intersection in early January /February
timeframe. But the four -lane widening that the 106 process is going on now is right
back to here, and some of the issues that have been brought up with the bridge.
Mr. Kuali`i: Okay.
COUNCIL MEETING -22- December 14, 2011
Mr. McCormick: Just so you know, this was actually one project and
the whole thing was designed at one time. The intent was to build it at one time,
the whole distance. However, when we were starting the bridge ... this thing has
been designed for several years now. When we were working on the bridge, the
Fish and Wildlife Service came in and asked us to underground those lines. So we
had to go into partnership with KIUC and the other utility companies to do that,
and that's why we had to break that other project off.
Mr. Kuali`i: Then when you talk about the Section 106
consultation to begin in 2012, that is with regard to the entire Kapa`a Relief Route.
Mr. McCormick: Yes, sir.
Mr. Kuali`i: So from the Hanamd'ulu intersection all the way to
Kealia River.
Mr. McCormick: Yes.
Mr. Kuali`i: So in that other big map on the area where the
bypass ... is that also being widened to four lanes, that other dark line from the
roundabout to Kealia River?
Mr. McCormick: Yeah, that will eventually go. Yeah, that will
eventually go to four lanes.
Mr. Kuali`i:
Mr. McCormick:
Also for four lanes?
Yes.
Mr. Kuali`i: But right now, the 106 is only focusing on the four
lanes at... is it happening in phases?
Mr. McCormick: Yeah, the 106 process right now is just on what
they call that short -term widening. The 106 and we have done ... to do this draft
environmental document, we've actually worked with some Hawaiian organizations,
but mostly the State Historic Preservation Division and OHA to talk about
alignments and areas where we do not want to even suggest a roadway because it's
very sensitive.
Mr. Kuali`i: Right, so you just said for the draft EIS process,
you're mostly working with SHPD and OHA?
Mr. McCormick: Yes.
Mr. Kuali`i: Okay and let me just finish that. So the entire EIS
coverage is the entire route?
Mr. McCormick: Yes, sir.
Mr. Kuali`i: Okay, thank you so much.
Mr. McCormick: Thank you.
Council Chair Furfaro: Thank you. Ray, I want to thank you very much
for being here with this update and please be prepared for some correspondence
from Vice Chair Yukimura, who will be attempting to get more information on the
COUNCIL MEETING -23- December 14, 2011
potential of the overall transportation plan and the multi -modal proposals that are
in front of us. We would like to have you back in six months in the Committee of
the Whole just for an update. I just have one question from myself here. On the
Kawailoa Stream, which is the stream that runs parallel through the Kalepa area
next to the Highway, in the expansion project, is there a diversion plan for that
stream?
Mr. McCormick: I can't answer that question right now, but I can
get you an answer.
Council Chair Furfaro: We'll have that for the next time around and I'm
going to give the floor to Vice Chair Yukimura one more time before I call the
meeting back to order.
Ms. Yukimura: Thank you. I just wanted to verify the figures that
you spoke of. The 3 -feet diameter tunnel under the Wailua River which is required
for the undergrounding of the electric wires, how much was that costing?
Mr. McCormick: The project itself is estimated at about $30 million.
I would say about $17 million of it is undergrounding, $17+ million.
Ms. Yukimura:
$10 million for the road?
Mr. McCormick:
Ms. Yukimura:
Council Chair Furfaro:
$17+ million is undergrounding and you said about
Yes.
Okay, thank you, that's all I wanted to know.
Councilmember Kuali`i has one more question.
Mr. Kuali`i: Just one other quick one. So when we were talking
about the different organizations with regards to the four -lane widening, DHHL
was not one. However, in the alignment that goes by KCCC, there are four lines,
yeah, yellow, green, blue and red. The two, yellow and green, ends up cutting back
on the backside of 500 acres of a new Hawaiian Homestead one day, the Wailua
Homestead. The only curiosity I have on that is that if you do decide to go ... I know
there were other routes that came right through the middle and that the community
spoke against that and I'm glad to see you took it out.
Mr. McCormick: They're gone.
Mr. Kuali`i: But if you do choose the green and the yellow, does
Kauai now have two different routes to go through that area? Does the old road,
which I guess is the red or the blue that exists now, continue and then what
happens if the bottleneck areas where they all come together again right there by
Wailua Golf Course and also by the Malae Heiau, which, again, you have to be
sensitive about what you do around the heiau?
Mr. McCormick: Very sensitive. What we anticipate is when you
build the new route up and around Kapa`a, your heavy traffic's going to be on the
new route. You will get an area where you get a merge from the old roadway. We
don't anticipate that to be a major problem at this point.
Mr. Kuali`i: Thank you. Thank you, Mr. Chair.
COUNCIL MEETING -24- December 14, 2011
Council Chair Furfaro: Okay, Ray, we're getting very close to a caption
break necessity. So I'm going to allow you to be excused with some big mahalos for
being here and if you can watch for the next visit, I would appreciate that. I also,
before I call the meeting back to order, I want to know if
Representative Dee Morikawa would like to address us, but if not, thank you.
Representative Morikawa, would you like to come up before I...
Mr. McCormick
Council Chair Furfaro:
Thank you, Mr. Chair.
Thank you very much, Ray.
DEE MORIKAWA, State Representative: Hi, good morning.
Council Chair Furfaro: Good morning.
Representative Morikawa: It's so good to be here. I think this is the first
time I've actually sat in the audience and it was because I saw on the agenda this
DOT presentation. I missed the listening session, so I'm happy that you did ask
him to come here. And I just want to let you know that this administration has
been working with the legislature a lot closer than I have heard in the past. And
with that, I think we're going to have good collaboration between the state and the
counties, and thank you for getting involved. For the record, I am Rep. Morikawa.
I'm not used to that. Thank you.
Council Chair Furfaro: Representative, please hold on a second.
Councilwoman Yukimura.
Ms. Yukimura: Yes, I just want to thank you,
Representative Morikawa, for always being out in the community learning and
sharing. It's really wonderful to have you.
Representative Morikawa: Yes, thank you.
Council Chair Furfaro: Again, we appreciate you being here and as you
heard, we will have updates every six months going forward.
Representative Morikawa: Thank you.
Council Chair Furfaro: Thank you again. And happy holidays to everyone!
Representative Morikawa: Oh, you too, thank you.
Council Chair Furfaro: Members, I'm going to call the meeting back to
order. If there is any further discussion before I take a caption break, now is the
time. Mr. Chang.
There being no objection, the meeting was called back to order, and proceeded as
follows:
Mr. Chang: Would you like to caption break first?
Council Chair Furfaro: No, I'd like to go on to the next item. If there's
discussion, now is the time.
COUNCIL MEETING -25- December 14, 2011
Mr. Chang: Okay, I'll be very quick. Number one, in regards to
the highway, boards on the electronic devices, I want to thank Mr. McCormick for
putting that out. I thought that was very, very important because many of our
visitors as soon as they came off the plane, some of them grabbed their luggage and
the first thing that they do is they drive off the airport and as soon as they drive off
of the airport, eh, I made it to Kauai; it's sunny; I'm in a convertible; w000 (police
siren) because there was no warning. And if I'm not mistaken, I think all but four
states might have that cell law, but they're not ... because we are counties, we are
not considered a state that banned the law. So consequently, they don't know that
in Hawaii it's banned because the counties did it separately; it's not the whole
state. And when I called Mr. McCormick up about getting some signs out, it was
very interesting because there were no signs that existed anywhere in the country,
needless to say Hawaii. So I believe that the signs that he's designing and the
verbiage will be the start of the signage, that it is actually now going to lead the
way, Kauai leading the way statewide, but this might be a national standard and it
is all going to originate here from Kauai.
Also, I was very pleased to hear that there is going to be some improvements
in and around the Humane Society area and the reason that I say that is with the
dog park and people returning Shearwaters, you know the aggressive adoption of
pets, when you think about it if you're trying to get out of the Humane Society,
everybody that is coming from the west side into Lihu`e, they are going on the
Halfway Bridge down the hill, then they go up the hill so you're naturally
accelerating. So by the time you are trying to take the turn off of Kip u- or go
straight, that's the kind of traffic or that's the speed that people are dealing with
when they're taking the left turn. So I'm glad that something... because just
recently, if I'm not mistaken, there was a very severe accident right in front of the
Humane Society.
And I wanted to say this and I wanted to pose it in a question when Mr. Heu
was here, and I guess I will just bring it up in this way in the spirit of the holiday.
You know, we had mentioned that there are delays on the highway and there is
traffic just because of the delays, but in my opinion when I see delays it is for safety,
A number one, but B number two, it's employment, and it is getting the private
sector involved that is normally not having jobs in this very difficult time as far as
our economy is concerned. But the one thing when the Chair had asked
Mr. McCormick, would you like to come back at least twice a year, and his comment
was, yes, I would love to come back because things move really fast. And I just
want to say that I just hope that we, as the County, can get things moving a lot
faster which we've all been waiting for because that again will get our workers back
in the workforce in a lot of the private sector. So I'm happy to see that you're
moving fast and I hope that we, too, as a County can continue to move a lot quicker
also so we can get more people back to work. Thank you.
Council Chair Furfaro: I have a motion and a second. Is there any further
discussion before I call for the vote to receive? No? Okay, all those in favor, signify
by saying aye.
The motion to receive C 2011 -327 for the record was then put, and
unanimously carried.
Council Chair Furfaro: Thank you very much. Mr. McCormick, I hope
you're staying when we come back for the Wailua Bypass and we're going to be on a
10- minute caption break.
There being no objection, the meeting was recessed at 10:35 a.m.
COUNCIL MEETING -26- December 14, 2011
The meeting was called back to order at 10:50 a.m., and proceeded as follows:
Council Chair Furfaro: Aloha, we are now returned from our break and if I
can ask for item 2011 -328 to be read.
C 2011 -328 Communication (10/21/2011) from the Council Chair, requesting
the presence of the Administration to provide the Council with an update on the
status of the Wailua Emergency Bypass Improvements: Mr. Kuali`i moved to
receive C 2011 -328 for the record, seconded by Mr. Rapozo.
Council Chair Furfaro: Thank you. We have a motion to receive and a
second. Mr. Heu, are we going to possibly hear from engineering or yourself or
both?
There being no objection, the rules were suspended.
GARY HEU, Managing Director: Council Chair, for the record, Gary Heu. I
know that the request and communication was to the County Engineer Larry Dill.
However at this point in time, the project is not so much a Public Works issue, in
terms of the status, as it is an administrative one relative to the release of the
$950,000.00 that was allocated by the State Legislature. My memory is not that
great, but I think when we were here talking about the legislative package for
Kauai, I think I might have mentioned CIP and the existing $950,000.00
appropriation. And if I'm repeating myself, I apologize, but just to provide you the
status, as you folks know we've appropriated $950,000.00 in our CIP and that's a
match against the State's $950,000.00 that was appropriated in a legislative
session, I believe it was two years ago.
What has happened is as we have attempted numerous times to get that
money released from the State administration, there seemed to be some confusion
as to the status of the funding and how it could be released. The latest information
that we have is that at some point during the legislative session last year when the
committees were in conference, the $950,000.00 which had originally been
appropriated as general obligation bonds, I believe, was transferred to another
source of funding and my understanding is although those funds are designated or
earmarked for the county for use at the Emergency Bypass Road, they got a read
from the Attorney General that says that that type of funding, for whatever reason,
cannot be released to the county. So the moneys are basically sitting in a bucket of
money that we cannot access without somebody's help.
So we have been in contact with our legislative team to see what can be done.
Worst case scenario and something that I personally wouldn't want to do is go back
to the State Legislature in this upcoming session and ask them for an appropriation
of $950,000.00 given everything that is currently taking place relative to State
financing. And so, again, we're working with our legislative team to see what can
be done to secure those funds. In addition, you know, we've been having some
offline discussion with the DOT folks to see if there might be some opportunity to
enter into a partnership and if in fact those funds can only be accessed by the State
DOT at this point in time, seeing if there is some opportunity for partnership to
have the State use their share of money that they can access and the county use our
share of money that we can access to each address a portion of the Emergency
Bypass roadway. Now those discussions are just in a preliminary stage right now.
There has been no commitments on the part of anybody to do that.
COUNCIL MEETING -27- December 14, 2011
But at this point in time, knowing that there is a clock running in terms of
when we need to encumber the State funds, we're trying to be creative to see, again,
what opportunities there are to make use of the funds that have already been
appropriated, but it is just that we can't access it right now. So, again, I've had
conversations with and communications as late as yesterday with members of our
State legislative team to see what we could do to kind of remedy the situation.
We've also been working with the Governor's Office. The Governor's Office would
be the one to give the final approval on the release. They are actually the ones who
helped us track this thing down and kind of sort through what the real issues were.
So we feel that we've been going through all the various channels that are available
to us to try to rectify or remedy this situation. But until we have access to that
$950,000.00 from the State and/or can find a creative way of addressing the use of
those funds with the State, that project is pretty much in limbo at this point in
time.
Now having said that, if Larry Dill was here, he could speak to what we do on
a routine basis to try to maintain the road as it is today to assure that it is ready for
use when we need it. His Public Works crews make a pass through that Emergency
Bypass once a month to make sure that the vegetation is cut back, to make sure
that if there are any issues with the roadway that we are doing temporary repairs
as necessary. We have had access to that Emergency Bypass Road for a number of
years. As you folks are aware, part of it belongs to the Department of Hawaiian
Home Lands and the other part of it comes under, as we know it, Grove Farm. And
over the years I think we've gotten better in terms of making use of that roadway,
in terms of reducing the time that it takes to get the roadway open during an
emergency. The last incident that we had, which was earlier in the fall, from the
time that dispatch sent out a notification that there had been an accident to the
time that the gate was opened on the Kapa`a side of the highway, I think there was
a total of 20 minutes, which in my assessment is a very quick turnaround from the
time that an assessment gets made as to the conditions of the accident on the
highway to the time a decision is made and that roadway is opened up. I mean the
traffic isn't flowing at 40 miles per hour, but you're still able to move traffic through
there. And there are other things that we've done over the years to make more
efficient use of that roadway in terms of there is now an exit point directly across
from the Kauai Beach Resort so that if at that point you've already bypassed the
location of the accident, you don't have to continue traveling on the rough roadway,
Emergency Bypass, all the way till you get to where Roberts baseyard is at
Hanama`ulu. You can actually re -enter the highway at that location and again, just
speed up that interval in which you get the cars back on the main highway.
Additionally, we've worked with our Parks & Recreation Department to again,
depending on the location of any given incident on the highway, we can sometimes
make use of a maintenance road along our golf course on the makai side of the road,
which is what we did. I think it was the October incident, in which case we had
both the mauka Emergency Bypass open as well as the golf course. Again, things
still aren't going to move like normal, but we're at least able to continue to move
people across that corridor during those situations. It's not the best news story, in
terms of you know, of where we are, but I think given what we have to manage,
we've improved the operations for the use of that Emergency Bypass Road.
As you folks probably recall, the funding that we were requesting from the
State and the use of our CIP funding was to do improvements to the Emergency
Bypass Road such as guardrails and again improving the condition of the actual
roadway itself. And the primary reason for that is because in the current condition,
we don't feel that it is safe to be running traffic after hours or during the evening or
nighttime hours. The intent is if we can get these improvements done, and there is
COUNCIL MEETING -28- December 14, 2011
an accident outside of daylight hours that we could still use that Emergency
Bypass. So that's, in a nutshell, the status and right now, it all comes down to the
funding issue and getting those funds released.
Council Chair Furfaro: Well, that may be your opinion, it comes down to
the status of those funds, but let me share with you my opinion for two years
because it has been there for two years. I was always under the impression that we
would allocate in our CIP, a matching amount of which this Council has done, put
a million dollars in the CIP, of which I was also of the impression that $950,000.00
of that would match the State's $950,000.00 and we had $50,000.00 to start some
preliminary estimates on those improvements. And that would be done by our
engineering department and that's why I asked Mr. Dill, if he was present, so that
we could tie this into our discussion with Mr. McCormick. Now, the items being
potential adding guardrails, resurfacing certain parts of the road and so forth would
at least give us some project estimates. We haven't seen that, Gary. I mean I
would like to know that the Council would have the option to demonstrate how
much priority we put on this Bypass Road and not find ourselves, quite frankly,
unable to move because we're waiting on this legislative piece. I believe if we
allocate some money, and they give us matching funds, if we had an engineering
plan on certain guardrails having the highest priority, the needs to put a broader
coat of resurfacing in certain places and so forth, you know, we'd actually have a
plan that says if we fail, for whatever reason with the financial status of the state,
this Council would then be aware of the project costing us $1.9 million and that we
and only we can allocate that money for the purpose of that safety improvement and
that decision would be left to us if we couldn't get the match. But there is normal
repair and maintenance that goes each year. We've gotten nothing from
engineering that tells us what that number is. We would hope that from the
$50,000.00 that was set aside we could get some estimates on certain things that
could be done now, such as the guardrails and so forth. If we knew how much the
resurfacing would be, then the resurfacing could come when we are successful in
getting the other money from the State. But we're sitting over here and saying
because somebody else hasn't paid their share, we're not able to do any
improvements. And I find that unacceptable and I was hoping to hear something
from engineering that told us until such time, here's the detail of what it would cost,
you know. We can move forward with some of these improvements and later
piggyback with the State when they get through the session. So I don't want to
belabor it. You don't have any new news. You've now heard at least my point of
view on having that money in the CIP and we've heard nothing from the
engineering types of what costs would be necessary as we get again almost four
months into a new session of budget. So I'm disappointed. I understand your point
of view and I'm a little discouraged that we're waiting this long to do anything, but I
would prefer to have the engineers present us some summary of this money and
what, at minimum, we could start doing. So I appreciate your feedback. I'll
recognize Vice Chair Yukimura, then I'll recognize Councilmember Rapozo. You
have the floor.
Ms. Yukimura: Thank you. Gary, would the administration be
willing to work in the process that the Chair has suggested where we just use our
$950,000.00 to do some design or planning work that identifies the priority
improvements that need to be made.
Mr. Heu: Yeah, I think ... I want to thank the Chair for his
comments. I definitely understand where you're coming from and I think that in
part those are some of the exercises that we've been going through even with our
discussions with the State DOT. And quite frankly it has taken us a long time just
to find out where the hang -up really was because we really felt we were getting the
COUNCIL MEETING -29- December 14, 2011
run around and so now that we more clearly understand what the problem is, yes,
my belief is number one, that we do understand some of the incremental costs and
how those costs are allocated across the project. And I think yes, there is an
opportunity to make a decision to prioritize the safety elements of the project and
move down through that. I think that is absolutely something that can be done and
even in our discussions with State Highways as we looked at trying to allocate the
project out and who would be in the best position to do what, we've gone through
some of that exercise. So absolutely that is something that we can take a look at.
And good, bad or indifferent, it is just that previous to that our focus was just trying
to, again, find out where these funds were. So I can go back and meet with Larry
Dill and his team to see what the possibilities are and perhaps do a worst case
scenario, like you mentioned, Chair, and say, hey look, let's pretend we're not going
to get the $950,000.00 from the State at this point in time, how would we want to
proceed with this? And then if it means during budget coming back and having that
further discussion, we could always do that. It's my hope that we can still get the
State to come to the table and to share in their responsibility for this Emergency
Bypass Road because the bottom line is that the State has taken the lead on trying
to mitigate the impacts off of a state highway and that's not being critical, Ray,
that's just a fact of life that we feel it is important and it needs to be done, and if we
need to be the lead agency on that, then we're more than happy to do that.
Council Chair Furfaro: Well, I appreciate you taking my comments in the
spirit they were given, but today, again, was about safety, both on the State side
and what we can do with the Bypass. So I appreciate your comments. On that
note, Mr. Rapozo.
Mr. Rapozo: Thank you. Gary, would it be possible for us to get
a copy of that correspondence. I'm concerned about that comment about the legality
and that it cannot be allocated or released to the counties. I am just curious as to
why.
Mr. Heu: Sure.
Mr. Rapozo: I'm hoping I can get whatever correspondence you
have because I'll be up there next week for the HSAC meeting and if I have to meet
with the Governor, I will because I think those funds need to be released. I just
want to get as much background information as I can before I start making
appointments. But I agree with the Chair that this matter and maybe the State
funding or the $950,000.00 maybe was allocated in 2009, but I believe the
discussions go back a lot further even when the late Bryan ... Mayor Baptiste was
the mayor.
Mr. Heu: Oh yeah.
Mr. Rapozo: So it's quite frustrating, although I was on that
road during the last accident and it worked. It was slow, but it worked and the wait
was not long at all. So Public Works is doing a good job as far as keeping it in
that... at least where you're able to go through. But there is still a lot of work to be
done. But it is, it's frustrating because, again, this was an issue back probably in
2004/2005 somewhere around there and I think I would agree with the Chair. I
don't think the Council would have a problem with really allocating more funds if
we could get it done. If we have to do it as a total County project, I don't think it's a
problem. I guess I would like to see this become a priority for the County so we can
get that road done. But, yeah, whatever you can provide to me before next week I
would appreciate, so I can go up there and try anyway to figure out and lobby for
that money. Thank you.
COUNCIL MEETING -30- December 14, 2011
Mr. Heu: Okay, can do.
Council Chair Furfaro: Again, for clarification, Mr. Rapozo, I was
referencing when we came up with the match. But we've had that number in there
for a while. But anyway, I've shared my hopes and it looks like you're going to look
into it. Any other comments? Councilwoman Nakamura.
Ms. Nakamura: Thanks for the update, Gary. I was just wondering,
so are the funds sitting in the State Department of Transportation budget?
Mr. Heu: I don't want to speak out of school because even
when I was talking to members of the legislative team, it wasn't even clear to them
exactly where it was. I believe that currently ... I don't know, Ray ... if you'd rather
not say anything, that's fine.
Mr. McCormick: (Inaudible.)
Mr. Heu: I beg your pardon.
Mr. McCormick: It was a revenue bond (inaudible).
Mr. Heu: Okay. Ray says that they are revenue fund bonds
which, again, I wouldn't want to venture a guess in terms of how to access that or
why we can't.
Ms. Nakamura: And what is the expiration date to encumber those
funds in the revenue bond?
Mr. Heu: My belief is that it is June 30, 2012.
Ms. Nakamura: So we don't have that much time left.
Mr. Heu: To me, the only way that... if the State were to
participate and access that money, the only way that could be done is maybe
through a design -build type of proposal. I think the normal going out and doing the
design and then going out with an RFP for construction, that wouldn't allow the
funds to be encumbered by June 30.
Ms. Nakamura: And they cannot encumber it by just giving it to
the... they cannot transfer it to the county?
Mr. Heu: Those funds cannot be transferred to the county,
not in the bucket of money, bucket of funding that they are sitting in right now.
That's the whole issue and unfortunately we just found that out probably in the
September timeframe is when we were first able to confirm that.
Ms. Nakamura: Okay and does the county have a right -of -way?
Mr. Heu: We have an agreement with both Hawaiian Home
Lands and with Grove Farm. My belief is that the stated purpose is for emergency
use. So it's not like we can just go up and go in and open it for other purposes.
Ms. Nakamura: Okay, thank you very much.
Council Chair Furfaro: Vice Chair Yukimura, you have the floor.
COUNCIL MEETING -31- December 14, 2011
Ms. Yukimura: If it is revenue bonds, I don't think we qualify ... I
mean the project qualifies for a revenue bond doesn't make sense to me because a
revenue bond ... I mean a project with a revenue bond does have to have an income
stream.
Council Chair Furfaro: That's right.
Ms. Yukimura: Yeah, so it would be illegal for us to access those
moneys for this purpose. So I guess the question is whether we could not just
proceed with the money we have and develop... do —I don't know what it's called —
planning, design and identify the priorities in terms of safety. That would then give
us, whenever we have money, the ability to do however many parts of that that we
can do. And it is good to hear that even in its present state with all of the
cooperation and conscientious work of our Public Works and all the other agencies
involved, it is still workable at least in daylight hours, right, is what you're saying.
Mr. Heu: Yes.
Ms. Yukimura: So the workability where it is a problem is evening.
Mr. Heu: Right.
Ms. Yukimura: Okay, well I think the Chair has maybe given some
good direction for how we can try to do something, whatever we can, and then see.
We could try to go back and get it reauthorized in this session. But there are other
competing projects we would have to think about and our delegation would have to
give us feedback on that. But in the meantime using the money we do have, we
might be able to move forward, take a few steps.
Council Chair Furfaro: I would think.
Mr. Heu: Yes.
Ms. Yukimura: Thank you.
Council Chair Furfaro: Councilmember Kuali`i.
Mr. Kuali`i: Just quickly, I appreciate Councilmember
Nakamura's questions and like Councilmember Rapozo, I want a copy of the
correspondence from the Attorney General as well. As the Chair of the
Intergovernmental Relations Committee, I want to do what I can, too, and I will go
to Honolulu and lobby as well. Thank you.
Council Chair Furfaro: Well, Gary, I think you heard a few suggestions
and obviously, we have a million dollars in that account for the Wailua Emergency
Bypass and I see at least $50,000.00 of that being focused on Mr. Dill's department
to do some preliminary estimates so we have something and then maybe we have to
take it like a wish list and move on our $950,000.00, knowing we can reserve some
other projects if we end up getting that matching fund from the State. And I also
want to point out that the State just celebrated a $1.3 billion general obligation
bond, which means the revenue can come from anywhere. Being a revenue bond in
the first draft, well obviously this Council is not supporting putting a toll booth up
for the purposes of using an Emergency Bypass. I think what we're saying is please
COUNCIL MEETING -32- December 14, 2011
move forward on some kind of a strategy that shows kind of phased work, and we
will hope we can continue to work with our legislative group on the balance of those
funds. That's my suggestion at this point.
Mr. Heu: Again, you know, I appreciate the comments. I
think now that it's more clear what the rules of the game are, I think that it allows
us to move forward in a fashion that we may not have otherwise, but we need to. So
thank you very much.
Council Chair Furfaro: Thank you. Thank you very much for being here
and I'm going to let you be excused and see if there is any other public comment.
Mr. Heu: Thank you.
Council Chair Furfaro: Perhaps, Ray, I could ask you to come up first in
case some members have a query. Again, today's discussion has been focusing on
safety, safety alternatives, and so forth. So Members, do you have any questions?
Councilwoman Nakamura.
Ms. Nakamura: Hi, Ray. I think you're the most intimate with the
State budgeting process, but do you have any recommendations on how these funds
could be released.
Mr. McCormick: I do know that an attempt was made, if I'm not
mistaken, to release them once before under the last administration and we did not
get them released. At this point we've been working with our folks in Honolulu in
partnership with the County to try to find ways that we could actually work with
them and as late as yesterday I didn't realize they were revenue bonds. But they
said, well, Ray, they don't have to be DOT funds. Since they're revenue bonds, they
can come from other organizations. So as far as getting them released, I don't ... I'm
not an expert on that. Those are matters up in Honolulu, but we're working it from
our angles and we're working closely with the County. They've been after us for a
while now to help them get these released, so we're trying.
Ms. Nakamura: And when you say it could be given to other
organizations, can you elaborate on that?
Mr. McCormick: Well, they told me yesterday, our folks who are
familiar with how the funding works, they said well, you can actually... it can come
through DHHL since there's DHHL land and I did not realize that, but they said,
yeah, since they're revenue bonds, they are under different organizations and it
could be DOT, they can be DHHL, they could be others. But from the DOT
perspective, we don't have them programmed at this point. If we did program it, it
just means another project which slipped somewhere else statewide. But I do
apologize, I don't have all the answers on that one because I found some of it
confusing.
Ms. Nakamura: Thank you.
Council Chair Furfaro: Ray, let me unconfuse that. So basically if we don't
get it by June, it'll lapse and it could actually lapse into another fund and then it's
aloha.
Mr. McCormick: That's correct, sir.
COUNCIL MEETING -33- December 14, 2011
Council Chair Furfaro: Okay, that's the point I wanted to make to the
administration, so thank you so much, thank you. Okay, public comments, please?
Mr. Mickens.
GLENN MICKENS: Thank you, Jay. For the record Glenn Mickens.
It's been interesting to hear Gary talk about this road. All of you, I'm sure,
remember the time when there was an accident on that highway and they couldn't
get the gate open. They said the Hawaiian Home Lands people had the key to it, so
we couldn't get the gate open, so the cars just sat there. This is ridiculous. But as
Gary pointed out, they made the time come down to what? Twenty minutes or
something, and I'm glad to hear that. But for me the real solution is getting
that—paving the road. Make that road a one -lane road going south bound and
make Kuhio Highway a one -lane road going the other way. It was suggested many
years ago. I know it would cost a lot of money, but it would alleviate head -on
collisions; it would never happen again. If there was a tsunami or something
happened out there, you'd have another road to go on. As Mel said, the road is
passable. I've never even been on it. I wasn't there at the time of the closure on
Kuhio Highway. But I'm sure that the road, if it were paved, it could be made a
road going in the opposite direction and it would help. And I really appreciate
Chair Furfaro's words about the bypass road. They make a lot of sense and it
appears that the administration has to step up to the plate. I don't know where
that money went. Nobody else seems to know, but it seems that money, if it will
lapse as you say in June, that something needs to be done immediately. But, you
know, this isn't a problem that just started yesterday. It's been ongoing for years
and as much as we need other roads, bypass roads on this island to get around our
traffic mess, this would be a great start. Anyway, Jay, thanks for your leadership
on this. Thank you.
Council Chair Furfaro: Any questions for Glenn? None? Thank you,
Glenn. Ken, did you want to give testimony? No? Okay, I'm going to call the
meeting back to order.
There being no objection, the meeting was called back to order.
Council Chair Furfaro: First, I want to thank the administration for
accepting some of the second string quarterback recommendations here. But maybe
if you can look at those, I'd appreciate it. I also want to thank the repair and
maintenance personnel and engineering. As Mr. Rapozo said, he found the road
meeting the minimum qualifications and I guess they're doing a good job. But
again, if we can get the work done in CIP, maybe we can save some money on R &M
as well. So thank you very much. Any other comments from anyone on the council
here? We do have a motion to receive and a second. All those in favor, signify by
saying aye.
The motion to receive C 2011 -328 for the record was then put, and
unanimously carried.
Council Chair Furfaro: Thank you very much. Let's go to the next item,
please, county clerk. Thank you, Ray, for today.
C 2011 -329 Communication (12/02/2010) from the Mayor, requesting
Council consideration and confirmation of the following Mayoral appointments and
reappointment to various Boards and Commissions for the County of Kauai:
• Calvin Murashige — Board of Ethics
• Russell Kyono — Board of Review (Real Property)
COUNCIL MEETING -34- December 14, 2011
• Jan Kimura — Planning Commission
• Donald Okami, Sr. — Police Commission
Mr. Rapozo moved to receive C 2011 -329 for the record with scheduling of
interviews and resolutions to follow, seconded by Mr. Chang.
Council Chair Furfaro: Thank you. Do we have a tentative date for those
interviews? When is it?
RICKY WATANABE, Interim County Clerk: Chair, we're looking at
Tuesday.
Council Chair Furfaro: January 10?
Mr. Watanabe: Yes, January 10.
Council Chair Furfaro: Tuesday, January 10. Thank you very much.
There's been a motion and a second. All those in favor, signify by saying aye.
The motion to receive C 2011 -329 for the record with scheduling of interviews
and resolutions to follow was then put, and unanimously carried.
Council Chair Furfaro: Thank you very much. Next item.
Mr. Chang: Mr. Chair.
Council Chair Furfaro: Yes.
Mr. Chang: Can I comment on this?
Council Chair Furfaro: You want to go back to the item? Yes, go right
ahead.
Mr. Chang: Just to comment, I'm sorry. Yeah, I would like to
just say that Mr. Calvin Murashige is being considered for an open vacancy on the
Board of Ethics. Donald Moki Okami is being considered for the Police Commission
and it is just a reappointment for Jan Kimura with the Planning Commission and
Russell Kyono with the Board of Review. But I just did want to take this
opportunity to share our aloha out to departing police commissioner
Mr. Tom Iannucci. Tom has served faithfully for over about seven years, I should
say, and this Friday at 9 a.m. is his last meeting. So I wanted to share our aloha
out to Mr. Iannucci for all of his community support and his continued community
support in the future. Thank you.
Council Chair Furfaro: Thank you, Mr. Chang. We're going to go to the
next item here.
C 2011 -330 Communication (11/14/2011) from the Police Chief, requesting
Council approval to expend approximately $1,634.82 of Asset Forfeiture Funds, to
purchase fencing material for construction of a fence surrounding the area of the
rappel tower located at Kauai Police Department headquarters: Mr. Rapozo moved
to approve C 2011 -330, seconded by Mr. Chang, and unanimously carried.
Council Chair Furfaro: Thank you, next item please.
COUNCIL MEETING -35- December 14, 2011
C 2011 -331 Communication (11/2212011) from the Director of Housing,
recommending Council approval of the First Extension to Waiver of Repurchase
Right for Unit 101, Hookena at Puhi, located at 2080 Manawalea Street, Lihu`e,
Hawaii 96766, and to authorize the Interim County Clerk to sign all legal
documents related to this First Extension to Waiver of Repurchase Right:
Mr. Rapozo moved to approve C 2011 -331, seconded by Ms. Yukimura, and
unanimously carried.
Mr. Watanabe:
to take that up at 1:45 p.m.
Council Chair Furfaro
Mr. Watanabe:
Chair, on the next item 2011 -332, we had a request
I see that now.
Okay, so we'll skip that item till later.
C 2011 -333 Communication (12/05/2011) from the Anti -Drug Coordinator,
requesting Council approval to apply, receive and expend a grant in the amount of
$5,000.00 from the Department of Defense, State of Hawaii, which will be used to
work in partnership with the Hawaii State Department of Defense, Hawaii
Partnership to Prevent Underage Drinking (HPPUD) and the Hawaii Counterdrug
Program's Underage Drinking Prevention Social Marketing Multi -Media Campaign:
Mr. Rapozo moved to approve C 2011 -333, seconded by Mr. Kuali`i, and
unanimously carried.
Council Chair Furfaro: Thank you very much. Next item.
C 2011 -334 Communication (12/07/2011) from the Council Chair, requesting
Council approval to accept a donation of picture frame hanger hooks from Pictures
Plus, valued at approximately $25.00, that will be used to hang historic Council
pictures in the Council Chambers: Mr. Kuali`i moved to approve C 2011 -334 with
thank you letter to follow, seconded by Ms. Yukimura, and unanimously carried.
Council Chair Furfaro: Thank you. Thank you letter to be sent. Claims.
CLAIMS:
C 2011 -335 Communication (12/1/2011) from the Interim County Clerk,
transmitting a claim filed against the County of Kauai by Waste Management of
Hawaii for damage to their equipment, pursuant to Section 23.06, Charter of the
County of Kauai: Mr. Kuah'i moved to refer C 2011 -335 to the County Attorney's
Office for disposition and/or report back to the Council, seconded by Mr. Rapozo.
C 2011 -336 Communication (12/1/2011) from the Interim County Clerk,
transmitting a claim filed against the County of Kauai by Waste Management of
Hawaii for damage to their vehicle, pursuant to Section 23.06, Charter of the
County of Kauai: Mr. Kuali`i moved to refer C 2011 -336 to the County Attorney's
Office for disposition and/or report back to the Council, seconded by Mr. Rapozo.
C 2011 -337 Communication (12/2/2011) from the Interim County Clerk,
transmitting a claim filed against the County of Kauai by Harold Mariani, Jr., for
damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai:
Mr. Kuali`i moved to refer C 2011 -337 to the County Attorney's Office for disposition
and/or report back to the Council, seconded by Mr. Rapozo.
Council Chair Furfaro: Thank you.
COUNCIL MEETING -36- December 14, 2011
Mr. Rapozo: Mr. Chair.
Council Chair Furfaro: Yes, you have the floor, Mr. Rapozo.
Mr. Rapozo: I have reviewed the claims and I would ask that we
have an executive session at a later date on 335 and 336. I basically want to ... as
you can see they are claims by Waste Management against the County and I guess
I'm interested in what our relationship is. I mean they're a contractor and they're
filing a claim and I would suggest you folks read the claims because I think it's...
Council Chair Furfaro: I don't disagree.
Mr. Rapozo: Okay.
Council Chair Furfaro: For the purposes of having an executive session in
the near future on claims 335 and 336, and a briefing regarding our contractual
services with Waste Management, could we so note?
Mr. Watanabe: So noted, Chair.
Council Chair Furfaro: Thank you. So now I'm looking for the referral to
the County Attorney as motioned by Councilmember Kuali`i. Any further
discussion? All those in favor, signify by saying aye.
The motion to refer C 2011 -335, C 2011 -336, and C 2011 -337 to the County
Attorney's Office for disposition and/or report back to the Council was then
put, and unanimously carried.
Council Chair Furfaro: Thank you very much.
COMMITTEE REPORT:
A report (No. CR -FPP 2011 -16) submitted by the Finance /Parks &
Recreation/Public Works Programs Committee, recommending that the following be
approved as amended on second and final reading:
"Bill No. 2417 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING
TO REAL PROPERTY TAX (For the Tax Year 2013),"
Mr. Rapozo moved for approval of the report, seconded by Mr. Kuali`i, and
unanimously carried. (See later for Bill No. 2417, Draft 1)
Council Chair Furfaro: Thank you.
Reading.
BILL FOR SECOND READING:
We're going to go to Bill for Second
Bill No. 2417, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAX (For the Tax Year 2013): Mr. Rapozo moved for adoption of
Bill No. 2417, Draft 1 on second and final reading, and that it be transmitted to the
Mayor for his approval, seconded by Ms. Yukimura.
Council Chair Furfaro: Is this the bill that was introduced by the
Administration?
COUNCIL MEETING -37- December 14, 2011
Mr. Watanabe:
Council Chair Furfaro:
Councilmember Nakamura.
Yes, it came from the Administration.
Thank you. Members, is there any discussion?
Ms. Nakamura: Thank you, Chair. I am circulating two separate
amendments to this bill. We found typographical errors due to the automatic
numbering that the Word program does and I think it messed up our original bill.
So these are really typographical amendments, not substantive.
Council Chair Furfaro: So we have a sequence where item 3 actually
should become item 2?
Ms. Nakamura: Yes.
Council Chair Furfaro: And item 1 should actually... let's take these
separately. Which one do you want us to look at first.
Ms. Nakamura moved to amend Bill No. 2417, Draft 1, as shown in Floor
Amendment No. 1 which is attached hereto, seconded by Mr. Kuali`i.
Council Chair Furfaro: Thank you. Any discussion?
Ms. Yukimura: Yes.
Council Chair Furfaro: Go right ahead.
Ms. Yukimura: I just want to thank Councilmember Nakamura for
being so vigilant in terms of the proper formatting of our bills.
Ms. Nakamura: We can thank staff for catching it too.
Ms. Yukimura: Thank you, staff, very much.
Council Chair Furfaro: Okay, all those in favor of Floor Amendment No. 1,
signify by saying aye.
The motion to amend Bill No. 2417, Draft 1, as shown in Floor Amendment
No. 1 which is attached hereto, was then put, and unanimously carried.
Council Chair Furfaro: Thank you very much. Let's go to No. 2 now.
Ms. Nakamura moved to amend Bill No. 2417, Draft 1, as amended, as shown
in Floor Amendment No. 2 which is attached hereto, seconded by
Ms. Yukimura, and unanimously carried.
Council Chair Furfaro: Thank you very much. Now we're at the main
item, the bill as amended. Any discussion? Seeing none, this will be a roll call vote.
COUNCIL MEETING -38- December 14, 2011
The motion to approve Bill No. 2417, Draft 1, as amended on second and final
reading, and that it be transmitted to the Mayor for his approval, was then put, and
carried by the following vote:
FOR ADOPTION: Chang, Kuali`i, Nakamura, Rapozo, TOTAL — 6,
Yukimura, Furfaro
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: Bynum TOTAL —1.
Council Chair Furfaro: Thank you very much. Now, I believe any of our
additional business for today needs to be conducted at 1:30 p.m.?
Mr. Watanabe:
Council Chair Furfaro
Mr. Watanabe:
1:45 p.m.
Mr. Clerk, is it 1:45 p.m.?
Yes.
Council Chair Furfaro: Okay, so may I ask that we take a recess here until
1:45 p.m. All those in favor, signify by saying aye.
Councilmembers: Aye.
Council Chair Furfaro: We are in recess until 1:45 p.m.
There being no objection the meeting was recessed at 11:31 a.m.
The meeting was called back to order at 1:56 p.m., and proceeded as follows:
Council Chair Furfaro: Aloha and good afternoon, we have one item of
business left on the Council agenda and then we have a series of certificates for
various groups that have represented our County well, but let's finish our Council
business right now by reading the last item on the agenda.
C 2011 -332 Communication (11/29/2011) from the Fire Chief, requesting
Council approval to accept a $1,000.00 monetary donation from Darrellyn Lemke of
State Farm Insurance 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 -332 with thank you letter to follow, seconded by Mr. Chang.
Council Chair Furfaro: Darrellyn, would you like to come up? Could we
make sure she understands how to turn on the mike?
There being no objection, the rules were suspended.
DARRELLYN LEMKE: Good afternoon everybody, and thank you for
having me today. And on behalf of State Farm, we would like to make a donation...
Council Chair Furfaro: Excuse me, I need you to introduce yourself totally
first. Go ahead.
Ms. Lemke: Oh, okay, I'm Darrellyn Lemke with State Farm
Insurance Company in Kapa`a. I'm here on behalf of State Farm Insurance
Company to present a $1,000.00 donation to the Kauai Fire Department for their
Fire Prevention and Safety Grant that they are trying to match funds through the
Department of Homeland Security, Federal Emergency Management Agency. We're
COUNCIL MEETING -39- December 14, 2011
very happy to provide this donation to them because we strongly want to support
them in our community to educate our students and the community in fire safety.
Council Chair Furfaro: Well, I want to say first of all thank you very much.
This contribution provides us an opportunity to actually take a photo with you and
members of the Kauai Fire Department and the Council. Training is a very serious
item in this County in all departments, but especially as we move forward with
other grants to acquire this Safety Training Trailer for the terminology that I would
like to share right at the moment. So let me ask if there are other councilmembers
that would like to acknowledge this contribution that you're going to make before I
call the Fire Department.
Ms. Lemke:
Okay.
Council Chair Furfaro: Members? Go right ahead, Vice Chair.
Ms. Yukimura: Thank you very much. This is a wonderful
contribution to keeping our people safe and I actually had some questions about this
combination Fire Safety /Sprinkler House Trailer and I don't know if it is better to
have the Fire Department up here too, but I just wanted to know how it was going
to be used.
Council Chair Furfaro: Well, before you leave, we'd like to have you stay
right there and then we'll roll up one chair or two chairs for the gentlemen from the
Fire Department to share the microphone with you.
DARYL DATE, Fire Prevention Captain: Good afternoon, Councilmembers.
My name is Daryl Date. I'm the Fire Prevention Captain for the Kauai Fire
Department. And to answer Councilmember Yukimura's question, how will it be
utilized, we would trailer this apparatus to major events and open it up to the
community and give guided tours through the trailer. The trailer does consist of
multiple scenario set -ups, like a bedroom setting and a kitchen setting, and also a
natural disaster room, where there is a flat screen TV and surround sound, and it
simulates different natural disasters that could occur. And we would educate the
people on how to react in certain emergency situations that would keep them safe
and out of harm's way.
Ms. Yukimura: I remember when you did a briefing at
Councilmember Chang's community on some fire safety tips and that was very
helpful. You did a great job. So, in situations like that, you could actually use this
educational trailer.
Captain Date: Yes and bring it to the people.
Ms. Yukimura: Oh, very good, thank you for your explanation,
Captain Date.
Captain Date: You're welcome, thank you.
Council Chair Furfaro: Thank you, Captain Date, and it becomes a
portable classroom. I guess we might summarize it that way. Let me see if any
other councilmembers have any questions of the Fire Department before we go back
and recognize Ms. Lemke and her agency. Any other questions for Captain Date?
Did I just promote you? Mr. Chang.
COUNCIL MEETING -40- December 14, 2011
Mr. Chang: Thank you, Chairman. Captain/Inspector
Date... and thank you, Councilmember Yukimura, for bringing that up that he did a
community awareness for us. Since we're in the season, can you give the
community safety tips regarding, you know, the lighting, perhaps sprinkler system,
you know the hazards that happen that we might not be thinking of or are aware of,
safety precautions for the holiday season?
Captain Date: Okay, Councilmember Chang. Some holiday safety
tips: I was on the Mayor's show last week as well as on Wala`au last week and I did
discuss some holiday safety tips and I could share some with you right now.
Regarding Christmas Trees, make sure you keep the tree hydrated. A dried out
tree is a fire hazard. You can start by when you're going to the store to pick out a
tree to purchase, you can do a simple test by holding it upright and tapping it on the
ground a couple times. And just watch how much needles fall off. If a lot of needles
fall onto the ground, you may consider looking at another tree to purchase. Make
sure you always cut the end of the trunk maybe one to two inches from the end and
keep it in the stand full of water at all times. And after Christmas, make sure you
get rid of your tree in a timely manner because the longer you keep it, the drier it
will get, and you should turn it in to the recycling centers rather than just keeping
it out in your yard.
Regarding Christmas lights, follow the manufacturer's instructions on the
maximum number of strands you can connect together. Before you leave your home
and before you go to bed, make sure you unplug the lights.
Candles are a major cause of home fires, and I know a lot of people like to use
candles during the holiday season. Make sure you have a sturdy candleholder.
Make sure you place lit candles away from any combustibles. And make sure you
blow it out when you leave the room or before going to bed.
Council Chair Furfaro: Thank you very much, Mr. Date, you now have
been on three shows.
Captain Date: You're welcome.
Council Chair Furfaro: On that note, we'll get back to Ms. Lemke. I thank
you for coming up to answer our concerns and as we move forward, we will have the
Fire Department join us for a photo.
Captain Date:
Council Chair Furfaro:
Okay, thank you very much.
Thank you.
Ms. Lemke: I also want to make a comment to make sure that
you check your smoke alarm and have a fire extinguisher in your home at all times.
Council Chair Furfaro: Thank you very much for those additional tips. Do
we have any comments for this donation? Mr. Rapozo.
Mr. Rapozo: I just want to say thank you. You know, it is
always nice when the community steps forward and assists us. That money will be
leveraged against grant money so overall it provides a valuable service, a valuable
tool for the Fire Department, and the best part is it doesn't cost the taxpayers
money. So thank you very much, appreciate it.
Ms. Lemke: You're welcome.
COUNCIL MEETING -41- December 14, 2011
Council Chair Furfaro: Thank you. Mr. Chang?
Mr. Chang: Darrellyn, thank you very much for what you do for
the community and thank you for helping out the County and the Fire Department.
And I guess as the slogan goes ... how does the slogan go?
Ms. Lemke: Like a good neighbor, State Farm is there.
Mr. Chang: There you go. Like a good neighbor, State Farm is
there.
Ms. Lemke: Don't ask me to sing.
Mr. Chang: Thank you so much.
Ms. Lemke: You're welcome.
Council Chair Furfaro: Any other questions of Darrellyn? If not,
Darrellyn, would you make your way up to the Council floor? Could I ask ... I want
to ask Mr. Date to come back up to the mike, if I can? I understand that you have
two other members of the Fire Department with you. Would you please introduce
them?
Captain Date: Okay, I have Battalion Chief Albert Kaui and Fire
Inspector Curtis Langstaff with me.
There being no objection, the meeting was called back to order, and proceeded as
follows:
Council Chair Furfaro: Thank you very much. Gentlemen, you are going to
witness a motion to accept this contribution. So do we have a motion and a second?
Mr. Topenio: Yes, Chair.
Council Chair Furfaro: Thank you very much. Should this be a roll call
vote? All those in favor, signify by saying aye. Any opposed? None.
The motion to approve C 2011 -332 was then put, and unanimously carried.
Council Chair Furfaro: Thank you very much. If we can all come up to
take a photo, I'd appreciate it.
There being no objection, the meeting was recessed at 2:07 p.m.
The meeting was called back to order at 2:10 p.m., and proceeded as follows:
Council Chair Furfaro: It's a nice way to end our meeting for the day. So I
would like to ask all of you to stay in your places as we adjourn and I'll be turning
over the floor to various sponsors of other certificates today. So I would like a
motion for us to end today's meeting.
Ms. Yukimura moved to adjourn the meeting, seconded by Mr. Kuali`i, and
unanimously carried.
COUNCIL MEETING -42- December 14, 2011
ADJOURNMENT.
There being no further business, the meeting was adjourned at 2:10 p.m.
/wa
(December 14, 2011)
FLOOR AMENDMENT No.1
Bill No. 2417, Relating to Real Property Tax (Tax Year 2013)
INTRODUCED BY: Nadine Nakamura
Amend Bill No. 2417 by amending Section 21 to read as follows:
SECTION 21. Section 5A -9.3 of the Kauai County Code 1987, as amended, is hereby
amended [by amending subsection (b)] to read as follows:
"Sec. 5A -9.3 Permanent Home Use Tax Limit For Home Exemption Property
(a) Any owner who has a home exemption under Sec. 5A -11.4,
K.C.C. 1987, shall receive a permanent home use tax limit and shall have the
property taxed as provided in subsection 5A- 9.3(e).
(b) Any owner with a home exemption who does not want the
permanent home use tax limit shall inform the director in writing by
[December 31.] September 30.
(c) The director shall note on the notice of assessment or tax bill, or
both, that the property receives the permanent home use tax limit.
(d) Notwithstanding any provision in this Sec. 5A -9.3 to the
contrary, any owner may stop his or her permanent home use tax limit for
any reason and at any time without the imposition of any rollback taxes,
penalties, and interest whatsoever.
(e) Home exemption property receiving the permanent home use
tax limit shall be taxed in the following manner:
(1) The property shall be taxed based on its assessed value,
provided that, beginning in tax year 2012, any increase in taxes from
the prior tax year shall not exceed the greater of zero (0) per cent a
year or the latest annual Honolulu Consumer Price Index for all Urban
Consumers (CPI -U).
(A) Notwithstanding the foregoing, if the owner
received a circuit breaker credit for the tax year 2011 for the
property, beginning in tax year 2012, any increase in taxes from
the prior tax year shall not exceed the greater of
zero percent (0 %) a year or the latest annual Honolulu
Consumer Price Index for all Urban Consumers (CPI -U).
(B) Notwithstanding the foregoing, if any
improvements are undertaken on the property, and such
improvements increase the fair market value of the property,
the taxes shall be increased based on the fair market value of
the improvements undertaken, except as follows:
(1) If property is damaged by fire, wave,
earthquake, flood, wind, natural disaster, or accident, any
increase in taxes due to repairs or reconstruction shall be
limited to the greater of zero percent (0 %) per year or the
latest annual Honolulu Consumer Price Index for all
Urban Consumers (CPI -U) over the taxes for the tax year
following the last assessment of the undamaged property.
(2) If the size of the existing floor area (exclusive
of garages, carports, and porches) is increased, the taxes
attributable to the additional floor area shall not
be limited.
(C) If home exemption property receiving the
permanent home use tax limit subsequently increases in
assessed value due solely to actions of the owner in changing use
within the property itself, such as but not limited to, change in
the agricultural use or the number of homesites, or breach or
expiration of any dedication, or the creation of a subdivision or
condominium property regime, the taxes shall be increased
based on the increase in the assessment value due to such
change in use.
(D) If the amount of the exemption for which the
property is eligible changes, the taxes shall be adjusted by the
amount attributable to the change in the exemption.
(E) If there is an error in any year's assessment the
correction of which is not permitted under the terms of Section
5A -1.19, the taxes for the next year shall be based on what the
taxes would have been for the previous year without the error.
[(3)] (2) In the case of home exemption properties that are
multi -use parcels or structures, the entire property shall receive the
permanent home use tax limit, but shall be classified and taxed at the
highest applicable tax rate based on the property's use."
(Material to be deleted is bracketed. New material is underscored.)
(V: \csofficefiles \amendments \Bill No. 2417, FA 112- 14- 2011.Nadine.doc)
(December 14, 2011)
FLOOR AMENDMENT No. 2
Bill No 2417, Relating to Real Property Tax
INTRODUCED BY: Nadine Nakamura
Amend Bill No. 2417, by amending Section 28 to read as follows:
SECTION 28. Section 5A -11.4 of the Kauai County Code 1987, as amended, is hereby
amended by amending subsection (d) to read as follows:
"(d) Real property which has a homeowner's exemption under this section shall be
entitled to an additional exemption not to exceed [$80,000] $120,000, provided that the
annual income of the owner - occupant does not exceed 80% of the Kauai Median
Household Income as set forth in the Kauai County Housing Agency Affordable Rental
Housing Guideline for the calendar year preceding the year in which the application is
filed. The 80% shall be rounded up to nearest hundred.
(1) For the purposes of this subsection, the following definitions shall
apply:
"Income" shall mean the federal total income as defined in the Internal
Revenue Code of the United States of 1954, as amended, including all
nontaxable income, including but not limited to (1) tax - exempt interest
received from the federal government or any of its instrumentalities, (2) the
gross amount of any IRA distribution, pension or annuity benefits received
(including Railroad Retirement Act benefits and veterans disability
pensions), excluding rollovers, (3) all payments received under the federal
Social Security and state unemployment insurance laws, (4) nontaxable
contributions to public or private pension, annuity and /or deferred
compensation plans, and (5) federal cost of living allowances. All income set
forth in the tax return filed by the owner - occupant, whether the tax return is
a joint tax return or an individual tax return, shall be considered the owner -
occupant's income. "Income" does not include nonmonetary gifts from private
sources, or surplus foods or other relief in kind provided by public or private
agencies.
"Owner- occupant" shall mean all persons living in the dwelling to be
exempted under this section who are owners of that dwelling as defined in
Section 5A -7.1, provided that in cases where husband and wife both occupy
the dwelling but only one spouse is an owner, the income of both spouses
shall be considered in determining eligibility under this section.
[(1)]L2) Income from the calendar year preceding the year in
which the application is filed shall be the basis for qualification under this
subsection.
[(2)]L3J The additional home exemption shall be valid for one (1)
tax year and it shall be the responsibility of the owner - occupant to annually
file an application for the additional home exemption on or before [December
31] September 30 immediately preceding the year for which the exemption is
claimed.
[(3)]W The director shall prescribe appropriate forms for
applications and require proof of income which shall include, but is not
limited to the following:
(A) A copy of the state personal income tax returns or records
for all owner - occupants which set forth their state gross income, and
(B) A copy of the federal personal income tax returns for all
owner - occupants which set forth their federal gross income.
In the event that any of the owner - occupants were not required to file
an income tax return pursuant to the Internal Revenue Code of the United
State of 1954, as amended, or Hawaii Revised Statutes, Chapter 235, as
amended, the owner - occupant shall sign an affidavit stating the reason he
was not required to file, and attesting to the amount of income received. The
applicant may refuse to provide such proof or any additional information
requested by the director, but upon such refusal, the director may deny the
application and there shall be no appeal from such a denial.
The application form, which shall be signed by the owner - occupant(s),
shall contain authorization to the state department of taxation and the
Internal Revenue Service for release to the county finance director, a certified
copy of the income tax records showing gross income. The director may
charge the owner - occupant the fee necessary to obtain said certified copies.
[(4)]L5 The director shall determine eligibility for the additional
home exemption upon review and verification of each application. The
director shall notify each applicant whose application has been denied of such
denial and the reasons for ineligibility on or before [February 15] December 1
preceding the tax year."
(Material to be deleted is bracketed. New material is underscored.)
(V: \csofficefiles \amendments \Bill No. 2417, FA 2- 12- 14- 2011.Nadine.doc)