HomeMy WebLinkAbout09/05/2012 Council Minutes COUNCIL MEETING
SEPTEMBER 5, 2012
The Council Meeting of the Council of the County of Kaua`i was called to
order by the Council Chair at the Council Chambers, 4396 Rice Street, Room 201,
Lihu`e, Kaua`i, on Wednesday, September 5, 2012 at 9:36 a.m., after which the
following members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable KipuKai Kuali`i
Honorable Nadine K. Nakamura
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Honorable Jay Furfaro
APPROVAL OF AGENDA.
Mr. Chang moved for approval of the agenda as circulated, seconded by Mr.
Kuali`i, and unanimously carried.
MINUTES of the following meetings of the Council:
May 30, 2012 Special Council Meeting
June 13, 2012 Council Meeting
June 13, 2012 Public Hearing re: Resolution No. 2012-42, Bill No. 2436, and
Bill No. 2437
July 25, 2012 Special Council Meeting
July 25, 2012 Council Meeting
August 8, 2012 Council Meeting
August 22, 2012 Public Hearing re: Bill No. 2441 and Bill No. 2442
Mr. Bynum moved to approve the Minutes as circulated, seconded by
Mr. Chang, and unanimously carried.
CONSENT CALENDAR:
C 2012-355 Communication (08/13/2012) from the Executive on
Transportation, transmitting the following:
1. for Council information, the Kaua`i Community College Public
Transit Pilot Project Report, and
2. for Council consideration, amendments to Chapter 17A, Kaua`i
County Code 1987, as amended, to address the discount bulk bus pass rate
proposed for Kaua`i Community College students:
Mr. Chang moved to receive C 2012-355 for the record, seconded by Mr. Kuali`i, and
unanimously carried.
COUNCIL MEETING 2 SEPTEMBER 5, 2012
C 2012-356 Communication (08/13/2012) from the County Engineer,
transmitting for Council consideration, amendments to Ordinance No. B-2012-737,
Relating to the Fiscal Year 2012-2013 Capital Budget and Ordinance
No. B-2012-736 relating to the Fiscal Year 2012-2013 Operating Budget to address
utilization and transfer of funding from the Reserve Fund which will be used for the
initial Disaster Response for the incident period of March 3-11, 2012 referred to by
the Federal Declaration of April 18, 2012 referred to as FEMA-4062-DR-HI:
Mr. Chang moved to receive C 2012-356 for the record, seconded by Mr. Kuali`i, and
unanimously carried.
C 2012-357 Communication (08/15/2012) from the Director of Finance,
transmitting for Council information, the Inventory Report for the Fiscal Year
Ending June 30, 2012: Mr. Chang moved to receive C 2012-357 for the record,
seconded by Mr. Kuali`i.
Mr. Kuali`i: I just wanted to make a quick comment about the
Inventory Report — C 2012-357. I just had a chance to look over the Inventory
Report really quickly and I just wanted to share a couple of things from the
summary. In our general fixed assets, our structures and improvements General
Plan is around five million dollars, our computer equipment is around a million
dollars, and our transportation equipment is around two million dollars. Our
additions to the inventory for the last fiscal year was about five hundred thousand
dollars and the largest amount was in Transportation which was slightly over two
hundred thousand dollars, which is probably increasing our fleet at the buses.
Thank you, Mr. Chair.
Chair Furfaro: Thank you very much for that very complete recap
of the asset report.
The motion to receive C 2012-357 for the record was then put, and
unanimously carried.
C 2012-358 Communication (08/20/2012) from Councilmember Kuali`i,
providing written disclosure of a possible conflict of interest and recusal
on C 2012-348(2), relating to the request for Council approval to include
"Proposal 2," which is "A Bill For An Act Relating To Affordable Housing Credits" in
the 2013 HSAC and 2013 County of Kaua`i Legislative Package, on the
August 22, 2012 Council Meeting, because he is a Board member of the non-profit
organization Hui Kaka`oAina Ho`opulapula, which works directly with the
Department of Hawaiian Homelands (DHHL): Mr. Chang moved to receive
C 2012-358 for the record, seconded by Mr. Kuali`i, and unanimously carried.
C 2012-359 Communication (08/24/2012) from the Director of Finance,
transmitting for Council consideration, amendments to Ordinance No. B-2012-737,
relating to the Fiscal Year 2012-2013 Capital Budget, to appropriate Community
Facilities District (CFD) No. 2008-1 Series 2012 Bond Funds to specific projects in
the Koloa-Po`ipu area that were identified and approved via Council Resolution
No. 2012-25, Exhibit A (Kaneiolouma Heiau, Po`ipu Beach Park Parking/Drainage
Improvements, and Complete Streets Projects — Koloa — Po`ipu Area): Mr. Chang
moved to receive C 2012-359 for the record, seconded by Mr. Kuali`i, and
unanimously carried.
III
COUNCIL MEETING 3 SEPTEMBER 5, 2012
There being no objections, Proposed Draft Bills Nos. 2447 and 2448 were taken out
of order.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2447) — AN ORDINANCE AMENDING
ORDINANCE NO. B-2012-737, AS AMENDED, RELATING TO THE CAPITAL
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND — CIP: Mr. Kuali`i moved for passage of
Proposed Draft Bill No. 2447 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for September 19, 2012, at 8:30 a.m., and that
it thereafter be referred to the September 19, 2012, Committee of the Whole
meeting, seconded by Mr. Chang, and carried by the following vote:
FOR PASSAGE: Bynum, Chang, Kuali`i, Nakamura, Rapozo,
Yukimura, Furfaro TOTAL — 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Proposed Draft Bill (No. 2448) — AN ORDINANCE AMENDING
ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING AMOUNTS
ESTIMATED IN THE GENERAL FUND: Mr. Kuali`i moved for passage of
Proposed Draft Bill No. 2448 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for September 19, 2012, at 8:30 a.m., and that
it thereafter be referred to the September 19, 2012, Committee of the Whole
meeting, seconded by Mr. Chang, and carried by the following vote:
FOR PASSAGE: Bynum, Chang, Kuali`i, Nakamura, Rapozo,
Yukimura, Furfaro TOTAL — 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
COMMUNICATIONS:
C 2012-345 Communication (07/31/2012) from the Director of Parks and
Recreation, requesting agenda time to brief the Council on the Multi-Use Path
Quarterly Report for the period December 2011 to June 2012: Mr. Rapozo moved to
receive C 2012-345 for the record, seconded by Mr. Chang.
There being no objections, the rules were suspended.
LENNY RAPOZO, Director, Department of Parks & Recreation: As we have
agreed, this is our semi-annual report for the ongoing project of Ke Ala Hele
Makalae, the Kauai Coastal Health and Heritage Trail or "The path that goes by
the coast." I prepared a brief PowerPoint and presentation and you all should have
a copy before you as to the time period from January 2012 to June 2012 as to the
current status of this ongoing project. (See Attachment 1 hereto for a copy of the
PowerPoint presentation.)
COUNCIL MEETING 4 SEPTEMBER 5, 2012
In summary, he Bike Path Task Force continues to work toward completing
y p eting
the bike and pedestrian path and the following is the summary by phase. Phase
one (1) is the Lydgate Park construction-completed in 2004. Phase two (2) is the
Kapa'a to Kealia construction-completed in 2010. Phase three (3), which is the
Lydgate Park to Kapa`a, the Wailua Bridge section, the final construction on the
path and bridge opened on May 31, 2011. Phase (a), Lydgate Park to the north end
of Papaloa Road and the Kawaiahu Spur is currently under construction. Phase (b),
which would be the Moana Kai — Niulani section, the Notice To Proceed was issued
on June 18, 2012, and phase (c) and (d), the supplemental environmental
assessment is currently in progress. Phase four (4), the Ahukini Landing to
Lydgate Park is in the planning and permitting phase. Phase five (5), Kuna Bay to
Anahola, that planning work is still and currently postponed, and phase six (6),
Nawiliwili to Ahukini Landing is currently in the planning and permitting phase.
Ms. Yukimura: Question — the phase (b) under phase three (3), you
said that is the Moana Kai to what?
Mr. L. Rapozo: Moana Kai, Niulani up to the Safeway Bridge.
Ms. Yukimura: Okay.
Mr. L. Rapozo: Work completed-the Kapa'a to Kealia construction
contract has been closed. The Lydgate to Kapa`a, Wailua Bridge section the
construction has been completed. Phase (a), of that Lydgate to Kapa`a, we continue
to finalize land acquisitions, construction contract was executed, the NTP for that
particular phase of the project was issued on November 1, 2011. The ground
breaking and construction is ongoing and Kaikor Construction is currently doing
that work for five point six million dollars.
Phase (b), we completed or finalized land acquisition, we secured construction
funding, the construction contract was executed, and the NTP again was issued on
June 18, 2012. In phase (c) and (d), the supplemental environmental assessment is
ongoing, the 106 process was commenced with the NHO with a Protocol Committee
was convened and that was completed, and the scheduled 106 meeting with the
Native Hawaiian Organizations commenced on August 2012. What I would like to
point out is that in the 106 process and with the Protocol Committee, one of our
wonderful Deputy County Attorney Mauna Kea Trask who handles the cultural side
of this project has combined the principles of Hooponopono with the 106 process.
Through the okay by Federal Highways with the 106 process and using it, we have
made some incredible strides which is kind of a ground breaking process now, it is
something that is out of the box and it seems to be helping us move this project and
getting the necessary information and the process together in dealing with the
NHO's and furthering the 106. We anticipate once we complete this process of
the 106, there is a really strong chance that this is going to be used Statewide in
dealing with historical properties and the 106 process. Kudos to Al's Deputy
County Attorney, Mauna Kea Trask, and Al's support for allowing Mauna Kea to
use his out of the box thinking to get us to go this far. Phase four (4) is the Ahukini
Landing to Lydgate Park. We have consulted with identified NHO's and the area
historians and that is also an ongoing 106 process. Phase five (5), Kuna Bay to
Anahola, upon completion of the Ahukini Landing to Lydgate, we will resume
initiating this phase of the bike path and again start with the consultant to resume
this work. The Nawiliwili to Ahukini Landing phase six (6), we are moving forward
with the 106 meetings that are being done as we speak.
COUNCIL MEETING 5 SEPTEMBER 5, 2012
Work to be completed in phase three (3), the Wailua Bridge section. The
State for maintenance of the bridge and the path along that corridor, amongst the
bridge itself. Aston Aloha Beach Hotel has agreed to adopt the section of the path
that runs adjacent to the hotel and we will be working with them to execute an
Adopt-a-Park agreement for that area. Phase (a), we continue to manage the
construction contract work and the construction in State right-of-way, and obtain
the Department of Defense (DOD) IRT Grant for the Kawaihau Spur to complete
the elevated Boardwalk. If we all recall, at one point when we made the
presentation for this particular Kawaihau Spur elevated Boardwalk, the bid came
in at what we believe to be very high and so we have initiated applications with the
DOD and the IRT's — this team here is what in the past was known as the CB's,
they will come up and do a design build of the Boardwalk. We have spoken with a
volunteer in the community who will shred the area that the Boardwalk will occupy
on the hill going up to Kawaihau and the DOD will send their engineers and we
anticipate them being here at the end of the year to review the area and come up
with some designs and we are very confident that that project will be done by then.
Ms. Yukimura: Excuse me, can you tell us what IRT is?
Mr. L. Rapozo: Innovative Ready Team, I think it was.
Ms. Yukimura: It is from the Navy?
Mr. L. Rapozo: Department of Defense, Army.
Ms. Yukimura: Okay.
Ms. Nakamura: I just wanted to say that the sidewalk along
Kawaihau Road from Kuhi`o Highway up to that hill area, looks like most of it
is done.
Mr. L. Rapozo: Yes.
Ms. Nakamura: And it looks great, nice wide...what is it, eight (8)
feet wide?
Mr. L. Rapozo: Eight (8) feet.
Ms. Nakamura: Eight (8) feet wide concrete sidewalk and it is much
safer now.
Mr. L. Rapozo: For walking.
Ms. Nakamura: For walking, yes.
Mr. L. Rapozo: They should be done with the beginning and the
end of the Landing and in between will just be the elevated sidewalk, the elevated
Boardwalk that will have to be completed for that section.
In phase (b), the construction for the path we anticipate it to commence in
mid-September of this year. In phase (c) and (d) we hope to publish the draft
supplemental EA, and continue engagement of the NHO for the 106 process.
COUNCIL MEETING 6 SEPTEMBER 5, 2012
In phase four (4), we need to resolve the National Historic Preservation Act
or the Section 106 Consultation process and complete the Environmental
Assessment for this phase. Phase five (5), again, no work is currently being done, it
is on hold pending completion of other phases of environmental and planning work.
Phase six (6), same as phase four (4), is that we resolve the National Historic
Preservation Act, Section 106 Consultation process and complete the Final
Environmental Assessment of these particular sections. Phase four (4) and six (6)
are pretty much working on the same track in terms of what we are doing with
the 106, the consultation process and identifying historical properties.
On page eight (8) of your handout is some of the pictures of the construction
work that had taken place on the upper and lower part of the Kawaihau Spur for
your review. On page nine (9) is the ongoing work that is currently being done on
Papaloa Road by the Sea Shell. On page ten (10), we continue with our
maintenance programs, one with the safety barriers, two (2) with the Path
Maintenance Program as we continue to work with Friends of the Path to organize
volunteers to continuously clean the Kapa'a Lihi to Kealia section. Signage is
always a continue work in progress to maintain sign and recently we are trying to
look at the alternate materials as identified in the third part here. We are finding
that the signs are deteriorating pretty rapidly with the metal signs and so we
looked at different composites as well as wood, so right now we bought a lot of wood
and we are going to try and see how much better the wood will last with 4x4 post
and signs being pasted on those posts. And enforcement continues with periodic
checks along the path with our Parks Rangers.
Chair Furfaro: The sign deterioration, your concern is from the
sea sprays?
Mr. L. Rapozo: Yes.
Chair Furfaro: Okay. I just wanted to confirm that because I have
to introduce a new bill for the no fishing signs at Lydgate because DLNR wants to
see this authority given but we are going to be facing a replacement of sign issue,
not just for Lydgate but for all of the bike path.
Mr. L. Rapozo: Yes.
Chair Furfaro: Is this a permanent recommendation you are
making that we are going with signs that are wood?
Mr. L. Rapozo: The signs are not wooden, I am sorry, it is the posts
that are wood.
Chair Furfaro: I got it. I am sorry, I thought you were talking
about... like sand blast the wood signs... I am good. Okay, understood now.
Ms. Nakamura: Lenny, I know I sent you some correspondence
about the signage and the post deteriorating and so forth and I think while we are
waiting for the new post, it is possible to... some of the posts have broken apart, so
they are exposed, so I am just wondering if...
Mr. L. Rapozo: I need to follow up on that because from my
understanding is the replacements should have been done already.
COUNCIL MEETING 7 SEPTEMBER 5, 2012
Ms. Nakamura: Okay.
Mr. L. Rapozo: So, I need to follow up and see but... because we
purchased the posts.
Ms. Nakamura: Because it is pretty dangerous since they are
broken in half, the metal is exposed and if...
Mr. L. Rapozo: Yes.
Ms. Nakamura: ...and if it is going to take a while to get the right
signage then...
Mr. L. Rapozo: I need to follow up because my understanding is
that they are supposed to be replaced.
Ms. Nakamura: Okay, thank you.
Ms. Yukimura: Regarding the sign post, has there been any
exploration for using recycled plastic lumber?
Mr. L. Rapozo: We have not looked at that.
Ms. Yukimura: Because that might even last longer than wood.
Mr. L. Rapozo: Yes, we looked at a composite of recycled material
like what they made the bench.
Ms. Yukimura: That is what I am thinking of.
Mr. L. Rapozo: Yes.
Ms. Yukimura: Okay, so you have looked at that?
Mr. L. Rapozo: We have looked at that, yes. And the cost, I think,
the 4x4 post, the cost was a little bit cheaper and so we are going to see how that
holds up before we move on to something else.
Ms. Yukimura: Good. Well this is all good learning for future
segments of the path.
Mr. L. Rapozo: Definitely.
Ms. Yukimura: And our specs for the initial signs, that is great,
thank you.
Mr. L. Rapozo: The projects funds expended to date — Federal
Funding now exceeded $34,289,502.00 and the County's share continues to be at
$569,183.00 that has been no change. Total dollars spent is $34,867,685.00.
In your book is the breakdown in terms of moneys that are being expended
that shows the Bikeway Fund, County Operating Fund, the County Bonds, CIP
County moneys, HUD Grants, Transportation, Federal Highways and total amounts
for your review and each project. I know we had lengthy discussions about this
COUNCIL MEETING 8 SEPTEMBER 5, 2012
allocation of in-kind contributions to the various projects and those continue to be
maintained. The last slide is the Task Force Meetings on page twelve (12) and in
your book, you will have the agenda and the minutes of those meetings. With that
being said, that concludes my presentation.
Ms. Yukimura: I mainly want to say that this is an excellent report
and thank you for your work and thank the Task Force for their work too. I am
especially excited to hear about the Hooponopono process and yes, we just saw
Mauna Kea Trask come in and then leave, but to have that kind of innovative
approach and culturally based approach to solving some of the conflicts that have
arisen is really a wonderful thing and maybe we will have application not only to
other multiuse path and highway projects but also to other areas of conflict in
public policy, so thank you for that leadership. Lastly, I just want to reinforce what
you said about the expenditures of money, it is really remarkable that the County
has spent not even a million but half a million dollars to secure thirty-four million
dollars in Federal moneys, that is an outstanding use of County money, I would
say.
Mr. Bynum: I want to also thank you for the report. For the last
couple of years we got, I think the County has really gotten their act together about
how to manage this project and deal with issues that come up and I appreciate your
leadership with that. I did attend the first 106 meeting because it is... maybe
historic but I want to ask a couple questions. I want to make sure I got it right that
these 106 issues that have been a Statewide concern and not just here but how that
process has gone on our projects and others has been really called into question over
that last few years and I think appropriately so. Is that your understanding as
well?
Mr. L. Rapozo: Yes, and it is really a... the 106 process is part of
the Federal mandate when there is Federal moneys involved to identify historic
properties and to mitigate when historic properties are found. From what I see is
that prior to this process that we are using now for this portion of bike path, there
really was not someone to control the 106 to be able so that the Native Hawaiian
Organizations can communicate and move the process along. With the Protocol
Committee that was developed, you take the well-respected elders within the
Hawaiian community and they become the Protocol Committee. From this
Committee, they agree who should be the Poo or the head, in this case Chair
Furfaro, would be the Poo of this organization, and the communication or the
direction or leadership will funnel through the Poo. Even for us as a government
entity or even for you if you sat there, anything you address would be addressed to
the Poo and it is with that framework and in getting the job done for the 106 or
getting the information to move the 106 process which is what has made this an
historical type of meeting or event to get through... to get the 106 get done. We
have seen challenges with the four (4) lane highway that have not completed that
process yet. We have had other challenges with other sections of the bike path to get
those challenges to get the 106 process done. With this process, we have a Poo and
being able to communicate and move it along. It is still very inclusive where any
NHO that wants to contribute or be part of the process, they are welcome in but it is
done through someone who is well respected and is a leader.
Mr. Bynum: I just want to comment that I have been to... I
cannot... numerous meetings about this and other projects and it was totally
different. Usually we have a consultant who may come from O`ahu and not be that
connected to local community that is in the front facilitating the process. This
COUNCIL MEETING 9 SEPTEMBER 5, 2012
process was being facilitated by Kaua`i people and it has kind of turned the table
where local people are facilitating and the consultants are contributing rather than
the other way around. I really have great interest in that and appreciate the
leadership from the County Attorney's Office and the Parks Department and the
Native Hawaiian Organizations to come together and that is what we can do on
Kaua`i even when there is disagreements to find a respectful way to come to the
best conclusion that can. I am very interested in how that proceeds and so far so
good, it looks like.
Mr. L. Rapozo: So far so good and it really looks to... the main
purpose is really to abstract information of the area of impact and everything that
happens within this meeting is forwarded to the consultants to take it to the 106
process. Even as part of the process, if the NHO is not comfortable with public
testimony, there is still a way for them to do it quietly on the side individually,
confidentially if that is their choice. The 106 process, there is nothing that we are
doing that circumvents the 106 process but yet it provides a cultural, respectful way
to abstract the information to meet our goals.
Mr. Bynum: In the past it seemed like consultants was like let
us do the minimum for us to get through this process; where this is like no, let us
do what is required to really fulfill the mission of the process to get all of this
information.
Mr. L. Rapozo: Part of it was... what came out of this protocol
meeting was there was some other families from the Niumalu to Ahukini that were
identified which that is where I grew up which are my relatives. We went out with
staff of mine and did the introductions and the talk stories and gathered this
information as part of the 106 process. Again, it is new, but we are still able to do
what is appropriate to get the information to talk and facilitate the movement of
the 106.
Mr. Bynum: Thank you.
Mr. Rapozo: Lenny, phase (c) and (d) of phase three (3), where
is that?
Mr. L. Rapozo: Phase (c) and (d) is from the Papaloa up to you get
to Coconut Beach... I am sorry, from Coconut Market Place in between Islander and
the hotel next to it, there is a right-of-way to the beach, an access to the beachfront.
Mr. Rapozo: On Papaloa?
Mr. L. Rapozo: From Papaloa to... between Islander and Kauai
Sands, there is a right-of-way that gets you to the frontage of the beach. If you
remember initially, Mayor Baptiste had said we are going across the street through
the lands on the backside; Mayor Carvalho felt that we should keep it on the beach
and stay on the coastal path as much as we can and this was one of the alternate
identifiable routes that was done in the initial EA but it was never completed as
part of the final EA. Mayor Carvalho suggested that we move through there and
get it through the beach side and so (c) and (d) would be that particular section.
Mr. Rapozo: That is on Papaloa?
COUNCIL MEETING 10 SEPTEMBER 5, 2012
Mr. L. Rapozo: From Papaloa to the front of the beach fronting
Islander towards the vacant...
Mr. Rapozo: And this is makai side of the properties?
Mr. L. Rapozo: Makai side, yes. Along the beach, yes. Not on the
beach —beach but on the makai side.
Mr. Rapozo: Right.
Mr. L. Rapozo: Those two (2) vacant properties up to Coconut
Beach Makaiwa and then you would exit up towards the Bullshed.
Mr. Rapozo: And that is... the 106 is still in process?
Mr. L. Rapozo: Correct. Now when we made that move, we needed
to do the supplemental EA to complete that portion and that is what we are doing
right now with what we have been discussing.
Mr. Rapozo: On page four (4) it says that there was a 106
meeting in August with the NHO?
Mr. L. Rapozo: Yes.
Mr. Rapozo: And how did that go?
Mr. L. Rapozo: That is the historic meeting that we have been
talking about — it was awesome and again, the Poo was there and she handles the
meeting and we all direct everything through her.
Mr. Rapozo: Wailua Beach, that section, I know I had concerns
from the community because I think you have seen the beach, it has disappeared —
the sand and the water is getting really close again to the road much like we are
seeing in Kekaha. Is it still the plan to go along the...
Mr. L. Rapozo: The right-of-way.
Mr. Rapozo: The right-of-way which is still on the makai side of
the wall, right?
Mr. L. Rapozo: Correct.
Mr. Rapozo: And that is still going to be the plan even with the
erosion coming up?
Mr. L. Rapozo: Yes. We have enough.
Mr. Rapozo: Yes, we have enough now but as the erosion
continues I think...
Mr. L. Rapozo: We have looked at some previous programs that
track beach erosions around the island and some of this pictures they show go back
to 1929. What is happening on that Wailua littoral cell which would be from the
point past seashore to that point there towards Kaua`i Beach Resort, that littoral
COUNCIL MEETING 11 SEPTEMBER 5, 2012
cell, what is happening there is no different than what happened in 1975, and
eventually, hopefully with the change in our weather with more southern storms
and southern swells, that would bring the sand from the river back to where it was.
Mr. Rapozo: But we do not know how much more erosion will
take place on that beach. My concern is you put the path on the beach, on the... it
is a right-of-way but it is still on the sand and as the erosion continues, like again,
nobody thought Kekaha would lose all its sand if you went back three, four, five
Y g
Y >
years ago — everybody thought it was the cycle and it is. I have heard now from
some of the old timers that the last time they saw that happen in Kekaha was about
sixty years ago where all the sand went away and eventually it comes back, but had
you put a structure on the sand, the structure would be gone today. That is the
concern of myself as well as many other constituents that why are we going to
invest this money on a path like we did in front of Pono Kai knowing that there is a
good chance that more sand will disappear. I guess I do not want to see that we are
forced to put a seawall to protect an asset of the County which is the bike path.
Mr. L. Rapozo: Yes.
Mr. Rapozo: I mean either we build it and watch it wash away
or protect it with a seawall which is something that we should not be doing. I think
that is the concern as well as many others in the community that frequent that
beach.
Mr. L. Rapozo: We also recognize that and asked the consultants —
the design consultants to maybe come up with a couple other ideas as to what we
can do to hopefully minimize that, not in terms of touching the ocean or building
walls or something of that nature, but what are some of the other options to
construct what we hope to have there.
Mr. Rapozo: When are we scheduled to actually lay the concrete
down on that section?
Mr. L. Rapozo: Ground breaking we anticipate this month —
September.
Mr. Rapozo: This month?
Mr. L. Rapozo: Yes, but they are still working... the same
contractor has that portion, they are still working on Papaloa. We need to finish
Papaloa first before we jump there but the contract should have been for
September.
Mr. Rapozo: So the consultant really... it is kind of late for the
consultant if we are going to be breaking ground this month.
Mr. L. Rapozo: The contract says for September bu
p y p but they are not
going to get to it until they finish Papaloa, so we have a few months — couple
months.
Mr. Rapozo: Okay. I know loose dogs, another concern on the
path. I know you get the calls because we do. I am going to be scheduling a
meeting with Police and The Humane Society because apparently nobody is doing
it. You limit it with Park Rangers. How are we taking care of that issue?
COUNCIL MEETING 12 SEPTEMBER 5, 2012
Mr. L. Rapozo: What we do is when we get the call, we ask what
kind of animal, color, the person, and about what time. Normally if it happens on
the path, it is somebody who walks their dog, uses the path, or pretty much on the
same type time basis. We send out rangers over there to monitor and see if we can
hopefully catch it. Like most park facilities, what people often do is that they get
down to the ocean, knowing that that is not where our guys have jurisdiction, and
they let their dogs walk. We all know that to get there they have to cross through
our park. So that is some of the challenges that the rangers face. Normally what
we do is that we get the calls and ask for what time of the day and then we try to
make sure that a ranger is within that area in the next couple of days to try and
monitor that situation.
Mr. Rapozo: Have they issued citations?
Mr. L. Rapozo: They have issued some citations. I do not know
what the number is.
Mr. Rapozo: That is fine. And then the poop bags, whose
responsibility is it to refill those?
Mr. L. Rapozo: The Kaua`i Humane Society made that
committment.
Mr. Rapozo: I know they made the commitment, but it is not
being refilled, as I have heard.
Mr. L. Rapozo: Well, we need to check on that.
Mr. Rapozo: If you could follow-up with them, because that
obviously causes problems for our maintenance guys because they have to clean it
up.
Mr. L. Rappzo: Yes.
Mr. Rapozo: The bag holders are there, but what I am hearing it
is not being refilled. And one last question and I am not sure if this may have to go
across in writing, but the recent decision on O`ahu, the Supreme Court decision
regarding the Rail Project on O`ahu, does this impact this project in any way?
Mr. L. Rapozo: In our last task force meeting we asked about that.
It does not. We have asked how does it affect or does it affect and we go beyond that
level.
Mr. Rapozo: So we are comfortable with it?
Mr. L. Rapozo: We are good.
Mr. Rapozo: That is all I have, Mr. Chair.
Chair Furfaro: Mr. Chang, you have the floor, and Mr. Kuali`i after
that.
Mr. Chang: Good morning, Lenny.
��I
COUNCIL MEETING 13 SEPTEMBER 5, 2012
Mr. L. Rapozo: Good morning.
Mr. Chang: I had a question. On page 12 you have your Task
Force Meetings and the dates. Is the public welcomed to participate?
Mr. L. Rapozo: I guess they are welcomed. It is a public meeting.
We do not post it or anything, but it is more just a task force to move the project
along. If you notice, the people that are on the second page of this book are the
decision-makers of the County on page a e 2, and they make k up the task force. And the
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task force is really just to move the project.
Mr. Chang: It is posted but we do not...
Mr. L. Rapozo: No, we do not post it as a 30-day thing. It is just an
internal meeting for two of the projects.
Mr. Chang: Should this be open to the public?
Mr. L. Rapozo: It can be.
Mr. Chang: No?
Mr. L. Rapozo: It can. They can come, but as I said, it is a group of
people, the decision-makers to move the projects.
Mr. Chang: I understand. Thank you.
Chair Furfaro: Mr. Kuali`i.
Mr. Kuali`i: Thank you, Mr. Chair. Aloha and mahalo, Lenny,
for being here and for the work that you do. You know on page 4, the different
phases, a, b, c and d, you had answered Councilmember Rapozo's question that "c"
and "d" is basically the section makai of the marketplace after Papaloa Road and
Kaua`i Sands. If the first bullet says Wailua Bridge section, that is like the phase
before phase "a" and then you start coming through a, b and c?
Mr. L. Rapozo: Wailua Bridge was something that the State did.
That was their project. The County project as we identified as a, b and c is listed
here.
Mr. Kuali`i: "A" is the first section after the bridge, or the
beach in front of Coco Palms?
Mr. L. Rapozo: Phase "a" was identified as being Wailua Bridge,
Papaloa, and the Kawaihau spur.
Mr. Kuali`i: Papaloa and?
Mr. L. Rapozo: Kawaihau spur.
Mr. Kuali`i: So that whole entire area and everything in
between?
COUNCIL MEETING 14 SEPTEMBER 5, 2012
Mr. L. Rapozo: The whole, from the bridge to Papaloa and then the
Kawaihau spur.
Mr. Kuali`i: Okay. So in the section with the Wailua beach,
across Coco Palms, there was a 106 process that has been completed?
Mr. L. Rapozo: Yes.
Mr. Kuali`i: I do not expect it to be in this report because this is
sort of like a summary overview but does the County publish the results of that?
Who participated? What was discussed? The minutes? All of that? And what
came out of it? Did the organizations ultimately agree or disagree? Was their input
considered and utilized? What was the whole process results?
Mr. L. Rapozo: Those informations that you are asking for is
available as part of the E.A. for that particular session of the path.
Mr. Kuali`i: It is published, available, or somebody has to ask
for it? Like if I went to the County's website now and under Parks & Recreation,
would I see it there?
Mr. L. Rapozo: It will not be published there. You would have to
ask.
Mr. Kuali`i: Is any of this regarding the development and
progress of the path on the website?
Mr. L. Rapozo: No, it is not an ongoing something that we publish
on the website.
Mr. Kuali`i: Okay. So I guess I want to know and I want to
share with the public, too, what the results was of that process. Because if you are
breaking ground, I am assuming that you got the all-clear. I see here notice to
proceed but that is...
Mr. L. Rapozo: A lot of the issues when we did that and that is
what we are talking about in some of the meetings prior to what we currently have
was the—for many chose was that there were burials where we were going, even
though where we are going, the ground was currently disturbed because it is in the
State right-of-way. So as part of assuring that there is not anything, there was an
archaeological survey done and there was not anything done. But my point was
that action came up as part of the 106 discussions in trying to identify historical
properties. So yes, those things have been talked about. We have followed-up with
them.
Mr. Kuali`i: So in that process, the 106 process for Phase a,
what were some of the N.H.O.s? O.H.A.? D.H.H.L? The big organizations?
Mr. L. Rapozo: As well as people.
Mr. Kuali`i: As well as families, halau, and civic clubs. The
other thing is on page 5, there is Phase 4, Phase 5 and Phase 6. Both Phase 4 and
Phase 6 you are having meetings, 106 process. Whether it is on the beginning or
middle part of it. But phase 5, there are no meetings?
�I,
COUNCIL MEETING 15 SEPTEMBER 5, 2012
Mr. L. Rapozo: Yes.
Mr. Kuali`i: And that is just—what is the reason for that?
Mr. L. Rapozo: I believe in our previous presentation that we did,
and we have explained and we talked about this, that the Anahola community did
not want it to happen and I believe at that meeting you had showed us the draft
report or the report that was done that D.H.H.L. had won an award for in your
plans there. So we have taken those plans that you have given us a copy of that.
This, again, this work that we are showing here is from January of this year to
g Y Y
June. So in this time period, that portion of the path or Phase 5 is still placed on
hold.
Mr. Kuali`i: But the reason for the hold is not about—is it just
about resources?
Mr. L. Rapozo: Before I came aboard on the County, there was
community resistance.
Mr. Kuali`i: But since that last meeting, and since my pointing
you in the direction of what the community did, the Anahola Town Center plan and
the overwhelming support for that by the community. That was the evidence to you
to move forward, or to go back to the community, if you do not believe the process
that they went through.
Mr. L. Rapozo: It is not that we do not believe the process, but we
also did get letters from other people in the community that still opposes it. We still
have it on hold yet. In the next six-month report we will do at the end of the year
and we will show you that we have started some process.
Mr. Kuali`i: The only other thing I would say is that Anahola
should not be treated any differently than any other community. If you have
organized community associations that do the work of educating the public and are
supportive and they do their strategic planning, and all of that, that you have to
recognize that, and give it more weight than a letter from an individual. Now if you
do that across the island, that is what you do, but I just want to point out to you
further that now the new neighborhood, Pi`ilani Mai Kekai, has established their
new homeowner's association. So I can share that information with you as one
more community group to work with, as you move forward.
Mr. L. Rapozo: If you are insinuating that we are treating Anahola
any different than anybody else, we are not. As I had mentioned to you earlier, we
will show you that we are taking some steps with this Anahola area with the
consultant, but during the phase of January to June, it is as I reported to you.
Mr. Kuali`i: Okay. I just hear you saying that the reason that
the County is choosing not to move forward is because of resistance. That is the
word you used, "resistance" from the community.
Mr. L. Rapozo: Yes.
COUNCIL MEETING 16 SEPTEMBER 5, 2012
Mr. Kuali`i: But the only formal process that the community
went through after the County's meeting. The County had their meeting two or
three years ago.
Mr. L. Rapozo: (Inaudible).
Mr. Kuali`i: There were 35 people in attendance and all 35 said
no. Since then, as a community, we have been exploring what that "no" meant and
the no was more about, "No do not do this behind our back directly with the
department in Honolulu. Talk to the local community and also, no, we do not want
this path to go down into the beach park, where you might put in a big parking lot
and have buses come because now that is the end point and all of north shore will
park at our quaint little beach park with a dirt road to get onto this bike path." So
those were the no's. In this town center plan, in three days was an expedited
process. I showed you the plan. You can go to the website. It is there, full
community input saying, "If this path comes to Anahola, this is how we want to see
it. We do not want to see it come to the bike path and all of that. We want to
preserve some of the lateral accesses for fishermen." So do not just write it off as
no. Look at what has developed since the County meeting two or three years ago.
Mr. L. Rapozo: Again, do not put words in my mouth. I have never
written it off as no, but I do believe at some point that the Anahola community may
want it to be resumed and we are always open to that. Further, all of what you said
will come out through the E.A. process and that E.A. process has been afforded to us
take place.
Mr. Kuali`i: I just see Phase 4 is having meetings and then you
jump over Phase 5 and Phase 6 is having meetings and you just told me the reason
Phase 5 is skipped over not because of your choice of limited resources, but because
the community has resisted. I just heard you say that.
Mr. L. Rapozo: That is right. While they resisted and this thing
was postponed, Phase 4 and Phase 6 continued to move. We continued to work with
Phase 4 and Phase 6. So you want us to put Phase 5 above Phase 4 and Phase 6, is
that what I am hearing? But no—
Council Chair: Gentlemen, I sense some very good dialogue here
about some points and at the same time, I want to make sure that we accept those
for being respectful and I think the conditional questions that Mr. Kuali`i raised
about certain provisions, providing access, not turning the beach park into a large
developed parking lot are well-taken. At the same time, I think Mr. Rapozo, his
approach to this has been quite an improvement, and I think we can find a common
area. So I would like to say you two gentlemen can continue to have this discussion,
but you both raised good points. And I appreciate the approach by Mr. Rapozo.
Mr. Kuali`i: Thank Y ou Mr. Chair.
Chair Furfaro: And I appreciate your comments that the decision
is a community-based decision and not a decision that happens in Honolulu. Very
well-taken.
Mr. Kuali`i: Thank you, Mr. Chair. I just have one last quick
question.
COUNCIL MEETING 17 SEPTEMBER 5, 2012
Chair Furfaro: Go right ahead.
Mr. Kuali`i: On one of the pages with the budget, I guess, the
first page after the long page. I think it is a fairly simple question. In this cost
figures and all the huge amount of moneys coming from the Federal grants and
then the County's share. The County's share column says, "In-Kind Contribution."
Could you give me a quick explanation of that? Is it primarily the land that sits
under the actual path, the value of the land that sits under the path?
Mr. L. Rapozo: These are lands that either donated or acquired by
the County. An appraised value is done of these lands and we are giving credit to
four times that donation and that is being used as the In-Kind Donation—I am
sorry, In-Kind Matching as the County portion.
Mr. Kuali`i: So the In-Kind Matching, we get the credit of four
times the value, you said?
Mr. L. Rapozo: Correct.
ap
Mr. Kuali`i: And the land is not only the land that sits under
the path, but surrounding lands as well?
Mr. L. Rapozo: No, the path.
Mr. Kuali`i: Physically just under the path. Okay. And the
majority of the path is still scheduled to be concrete, like 6 inch or whatever?
Mr. L. Rapozo: Correct.
Mr. Kuali`i: So I would argue and put the point forward that
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the County is making a huge investment towards this path, and that is the land.
And the land is, even though it is not money, it is still very valuable. I know even
for me personally in my house, my dad's house too, when you decide to put a shed in
the backyard, and you put down the concrete slab, you are giving up something,
because concrete is covering that soil and that ability to grow things. So I just want
to recognize that the County is indeed putting a huge investment into this path.
The Federal Government might be giving the millions of dollars, but we are giving
millions of dollars worth of good, raw land to be covered by concrete. It is a values
thing and it is a good thing to have people to more easily move along the path, but
right there you show it as $11.3 million, so just to recognize that. Thank you.
Chair Furfaro: Okay. Before I recognize anybody a second time,
would you folks mind if I just take the floor? Lenny, this erosion piece we have
talked about, I wonder if there is any way, because this has been a very busy
eastern Pacific storm season. If you look at the number of tropical cyclones that
have developed off of Costa Rica and Mexico and those storms generate eastern
swells that come up on the east coast of Kaua`i and so forth. Is there any way that
we could talk to the National Weather Service and get a kind of idea of what kind of
storm summer this has been in the eastern Pacific? It might be good to find out if
we can have some history about the number of tropical cyclones that have developed
in the eastern Pacific. I think that could be valuable information for us as we go
through these cycles of shoreline erosion. I also want to compliment you on the
book presentation. It constantly shows improvement to having a clearer picture of
what values are and how we are phasing in the work. So my compliments to you.
COUNCIL MEETING 18 SEPTEMBER 5, 2012
Mr. L. Rapozo: Thank you.
Chair Furfaro: Vice-Chair Yukimura?
Ms. Yukimura: Yes. On page 6 where you note that Aston Aloha
Beach hotel has agreed to adopt the section of the path adjacent to the hotel, is this
the first resort that has participated in maintenance of the multi-use path?
Mr. L. Rapozo: No Kahalani, actually. Kahalani was probably the
first one when they built Lydgate.
Ms. Yukimura: Are there others?
Mr. L. Rapozo: We hope to have others, as we increase the path.
From Papaloa there are the Condos. We are in discussion with them. We also
discussed it with The Islander. They are very much interested. Sandy Kato is all
for it.
Ms. Yukimura: I think it is a wonderful partnership.
Mr. L. Rapozo: I think so, too.
Ms. Yukimura: And really commend these Aston Aloha Beach and
Kahalani for stepping forward.
Mr. L. Rapozo: They recognize it as being an amenity to their hotel
as well.
Ms. Yukimura: Absolutely. It is a win-win for all of us and it is
nice to see the resorts along the way taking ownership, so to speak, in terms of some
responsibility.
Mr. L. Rapozo: We need to work with them and we continue to
work with them, because the path goes along their frontage.
Ms. Yukimura: Right.
Mr. L. Rapozo: We need to commend Aloha Beach Resort because
they provided the water during the initial...when we landscaped the path for that
one ear. They provided the water for irrigation. So we are very fortunate that
Y Yp g Y
Kaua`i is Kaua`i and these people are willing to step up.
Ms. Yukimura: It is a wonderful amenity that their visitors can
just step right onto the path and use it. It is wonderful that it is becoming a
community path in the sense of th e different P r
o erties along the way and also our
community embracing it and using it and helping to maintain it. It is a very nice
vision. Thank you.
Mr. L. Rapozo: Thank you.
Chair Furfaro: Councilmember Nakamura?
COUNCIL MEETING 19 SEPTEMBER 5, 2012
Ms. Nakamura: I just wanted to say this is such an integrated
project with so many different departments involved, that looking at all of your
meeting agendas and summaries, it takes this integrated approach for a project of
this scope and I want to thank you for this presentation and update.
Mr. L. Rapozo: Thank you.
Ms. Nakamura: Keep up the good work.
Chair Furfaro: Any more questions before I open the questions to
the public? Mr. Rapozo, again, thank you very much. Thank you for a very
complete and thorough report.
Mr. L. Rapozo: Thank you.
Chair Furfaro: Your updates are much appreciated.
Mr. L. Rapozo: I will pass that to the staff as well. Thank you.
Chair Furfaro: Okay, is there anyone in the audience that wishes
to speak on item 2012-345? Lonnie, come right up.
LONNIE SYKOS: Good morning Chair, Councilmembers, for the
record my name is Lonnie Sykos. I would like to remind the Council that there are
11,000 other civil entities in the United States, Counties and incorporated cities and
towns. These 11,000 other communities for the most part are the ones that put
forth the $34 million that we spent. When we take Federal money, I do not believe
it is appropriate for the County to act like there is a giant Easter egg hunt and let
us go look for grants from the Federal Government, because they are willing to give
money to us. I think that we should be very grateful to the other communities in
the United States that they bring this grant money available and that we have an
obligation not just in what we use the money for, but in our auditing and in our
paying attention to how efficiently we use the public's money. In regards to the
moneys being spent, I would have to say that I ought to be shocked, but I am not,
because this is so common. On the internet, you go to Australia, California, New
Jersey, and Florida; there are national associations for lifeguards and beach safety.
There are national associations for both the Government and the private entities
that are involved in activities at the beach, and all of these people have experience
with signage. There are national best-practices for putting signage at beaches that
based on whether you are in the tropics, whether you are in New Jersey, whether
you have got sand, whether you have clay, all of the—none of this stuff is new. So it
is rather upsetting to me that the County is going to pay our employees to go out
and reinvent the wheel. Okay? This is absurd, absolutely absurd that the head of
our Parks Department stands here and tells us that, "Oh, galvanized mild steel
corrodes really fast at the beach and it is a problem, so let us use 2x4's which is
what the steel replaced decades ago." This is not a step forward in technology. This
is not what we pay people $100,000 a year to do. This is absurd. This is his job to
ensure that he or his subordinates go out into the world and figure out what is the
best-practice in signage today, because it exists. The F.A.A. has it at the airport.
The Coast Guard has it at Coast Guard facilities. They have got it at Barking
Sands. I guarantee it. I grew up on a Federal contractor run Military base. This is
not rocket science, and it is just a matter of them doing their job, period. What I
saw today was my tax money being wasted on wages. It is incompetence, and sorry
to be upset about this, but I am upset, because it is my money. I will bring up the
COUNCIL MEETING 20 SEPTEMBER 5, 2012
Fire Chief at the last Budget Meeting testified that Public Works, the Parks, and
the Fire Department are incapable of processing a work order for over two years for
the missing ocean safety signage that this Council has paid for. The public has paid
to have ocean safety signage at our swimming beaches and now that we are
expanding this pathway along the ocean, we have now created the liability for
ourselves of the attractive nuisance of this pathway; which is a good thing, these are
all legal terms. But we are enticing people to go along the edge of the ocean that we
all know is dangerous. We all know if you do not know what you are doing, and you
go down to the edge of the ocean and a wave catches you, you are in big trouble
and/or going to die. And so we have to put ocean safety signage up, not just at our
swimming beaches, but we now need a truly professional Loss-Prevention Officer.
That is my father's career. I grew up in a house of loss-prevention. In elementary
school my brother and I both passed all of the tests perfectly in my dad's classes and
then he paid us to grade the papers, right? I am not a loss-prevention expert, but I
grew up in such a house. There are best-practices for all of this. And it is a waste of
our money. It is fraud to the public. If our leaders do not already know where to go
for the information to resolve these issues. This is like—what do they call it? Wage
and service fraud. Okay? Bluntly, from the public to the Administration to the
Council, this is crazy that we have to pay our tax money for people to go learn
things that already exist. So in regards to the path, I use it, but add to the list of
things that the Administration needs to deal with are these ocean safety signs. If
somebody gets injured or killed, we are all grossly, willfully negligent. We all know
it is dangerous and we are not taking the steps required to minimize the danger.
Thank you.
Chair Furfaro: Thank you. Any questions for Lonnie? Lonnie, I
would like to say that most times we certainly receive your comments to make
improvements along the way. I would appreciate, unless you are really
understanding the full walk of the talk here that we do things like best-practices
versus fraud. We do efficiencies versus referencing on the job-training. We will find
out through that cooperative type of coordination will go a lot farther. I understand
your comments, and the questions about creating attractive nuisances. It starts by
making sure a fence is around a pool, which a kid does not wander into it. But it is
certainly more productive to talk about constantly making improvements and best-
practices. Thank you for your comments, and your observations and they will be
passed on. Vice-Chair?
Ms. Yukimura: I have a question for Mr. Rapozo?
Chair Furfaro: Anything more for Lonnie?
Ms. Yukimura: No, thank you.
Chair Furfaro: Thank you, Lonnie. Let me continue with public
testimony first. Ken, did you want to speak today? No? Mr. Rapozo, may I ask you
to come back?
Ms. Yukimura: I think the concept of best-practice is a good one for
us to reach for. I know that a lot of designs of the path were done before you were
even in office. I was wonderin g whether the consultant's design of the path showed
steel or what metal signs as part of the design specs?
COUNCIL MEETING 21 SEPTEMBER 5, 2012
Mr. L. Rapozo: In the—if we are talking about the Lihi to Kuna
Bay then yes. In this current contract, we are working with consultants to do the
interpretative signs for the rest of the path.
Ms. Yukimura: So in doing the work on the interpretative signs, I
am trusting that they will not be metal, right?
Mr. L. Rapozo: No.
Ms. Yukimura: They are going to be wood?
Mr. L. Rapozo: Yes.
Ms. Yukimura: But what is it, Lihi to Kuna Bay? Which was the
first phase or the second phase after Lydgate?
Mr. L. Rapozo: The second.
Ms. Yukimura: In those two first phases, they specified iron or
steel signs?
Mr. L. Rapozo: Yes.
Ms. Yukimura: And learning from that, we are now not specifying
it for future segments?
Mr. L. Rapozo: Right.
Ms. Yukimura: We are experimenting
with the placement or the
replacement of signs?
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Mr. L. Rapozo: We looked at different types of materials. Yes and
cost is a factor.
Ms. Yukimura: Although lifecycle costs—initial cost is one thing.
We have been dealing with that on solar water heaters, but I do not know what the
actual costs are, but it could be that the plastic lumber signs or your wood signs
might have a higher upfront cost, but they may last longer.
Mr. L. Rapozo: Right.
Ms. Yukimura: So if their life is longer then...
Mr. L. Rapozo: It is worth it.
Ms. Yukimura: Yes. So are we doing that kind of analysis now?
Mr. L. Rapozo: Yes.
Ms. Yukimura: Okay. How do we avoid—it seems that the initial
specs were maybe not appropriate or cost-effective. How do we avoid that kind of
design problem when we hire consultants?
COUNCIL MEETING 22 SEPTEMBER 5, 2012
Mr. L. Rapozo: We talk to the consultants in dealin g scope
with the p
of the work for the signs and we are telling them that this is what we are
experiencing. "Can we look for something else?"
Ms. Yukimura: So actually, if we had the expertise or we knew
what the best practice standards were, we could actually require that in our scope of
work of the consultant that signs shall be or—sorry—I do not do this, so I do not
know. But that signage and other kinds of accessories to the path would be the best
lifecycle costs or something like that?
Mr. L. Rapozo: The County does have a sign shop, in Public Works
that their job is to make signs. So we talk to them, we do our own research, and it
is in their best interest because they put up the signs for us. So we are working
with them. The proximity to the ocean is closer than a sign somewhere else, so we
are learning. And so let us look at some other materials as well.
Ms. Yukimura: Okay.
Mr. L. Rapozo: It is not just the sole discretion—well, I guess that
sole discretion would be of Parks because it is, but not like we will try this or that.
We talk to people who know.
Ms. Yukimura: That should know, but maybe do not.
Mr. L. Rapozo: Maybe for them it is something new too, because it
is more of a coastal thing.
Ms. Yukimura: We have a lot of signs on roads that are coastal
roads. So we should know that. I think the main point is that we have to be
constantly building expertise towards the best-practice.
Mr. L. Rapozo: Yes.
Ms. Yukimura: Thank you very much.
Mr. L. Rapozo: Thank you.
Chair Furfaro: Mr. Rapozo, I would just like to add to that. I want
you to know that a lot of the interpretative signs that is planned, historic and
scenic, if you look at the Wilson Okamoto Proposal and so forth, many of the
interpretative signs were done with either concrete mounds or worked with moss
rock.
Mr. L. Rapozo: Yes.
Chair Furfaro: Okay? And the design aspect was there for the
interpretative signs. So maybe you want to revisit those.
Mr. L. Rapozo: Yes. Thank you.
Chair Furfaro: Good. Thank you very much. Is there anybody else
who wishes to speak on this item? Seeing no one, he will call our meeting back to
order. Further dialogue? We are back in session. Mr. Bynum?
COUNCIL MEETING 23 SEPTEMBER 5, 2012
There being no objections, the meeting was called back to order and proceeded as
follows:
Mr. Bynum: I just want to appreciate again this task force, as
Councilmember Nakamura pointed out, is important to integrate that and I think
the Administration has been doing it quite successfully the last few years. I also
wanted to just point out that I have been tracking this project for many years now,
and watching it very closely and sometimes you just cannot win. If you go to
Lydgate Park, you will see sign posts made out of recycled plastic that will last, who
knows? 100 years and then the last phase that happened way before Lenny was
here. He did not spec out steel signs. The original designs, there was criticism from
the public, "Oh, you are doing this stuff too expensive. There are cheaper ways to
go." Some of the criticism was what has become a design standard on this is the
fiberglass railings that are on the bridges. They have stainless steel high-quality
fasteners that does cost a lot more than a chain-link fence. They are cheaper
railings, but the decision was made that in the coastal environment for long-term
maintenance costs that aesthetics and those were important issues. But the Lihi
section was something that I learned to be very cautious of. It was value
engineered. The bid came in at a certain level and the County said that is higher
than we expected. They value engineered it down which meant lowering the
standards, right? You save money by using cheaper materials, by building not—I
will always regret the individual design at Kealia for a comfort station was a really
quality product that I thought would have served the community really well for
many years. It got value engineered into an adequate facility, but not kind of how
we had envisioned. So I think some of those stepping back was because criticism
that came from the public that said, "Hey, you need to do this cheaper and there are
cheaper ways to do it." So I just wanted to make that comment. Regarding
Anahola, I appreciate Councilmember Kuali`i's input on this. I agree with him that
it is time to start that planning. I was present at this meeting years ago, and I
think Councilmember Kuali`i is correct that the issues were really about D.H.H.L.
and some of the people in Anahola overlaid the bike path issue. A lot of people were
there to advocate for the bike path that night left because the issues became really
about unresolved issues and I think at the time that the County was wise and
cautiously stepped back and said, "You know what? There are issues here between
D.H.H.L. and residents that we need to get clear." It also had to deal with access,
because the County's motive for this path has always been to increase access for
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appropriate uses and there was some overlay from D.H.H.L. that they were looking
to decrease access in areas that traditional uses have happened. I also agree with
Councilmember Kuali`i that it is time to get back and engage the community. There
is different leadership at D.H.H.L. and different issues and a lot of water under the
bridge. I just think that this is good every time we have these updates. It is good
and brings things back to our memories but the management that is being led by
Mr. Rapozo, I am very happy with since they instituted this process of having
regular meetings and keeping minutes you know coming periodically to the County
to get our mana`o and keep us informed. Thank you.
Chair Furfaro: Anyone else? Mr. Rapozo?
Mr. Rapozo: I thank Parks for the report. A lot has been talked
about sign posts, but best practices need to extend to the actual asset itself. The
sign posts and signs is a component of the path, but we must look at the actual
asset, because that is where the high costs are. I am very concerned about the
Wailua beach portion. I think as Pono Kai—we learned in Pono Kai and I
specifically asked back then and again, this is was pre-Lenny Rapozo, but back
COUNCIL MEETING 24 SEPTEMBER 5, 2012
then, as a Councilmember, Chair of Parks and Public Works; I asked the
department to please hold off on the Pono Kai segment until we could get an
analysis of the erosion. That was not done and today that asset is threatened and it
is going to cost tremendous amounts of money to preserve that path. I do not want
to see the same mistake happen to Wailua. It is pretty clear when you go down
there that we are losing the sand. We do not know how much further that sand is
going to erode. We do not know that. I would ask that we consult with Dr. Fletcher
from U.H. and maybe our staff could take a note. I would ask that we send over
communication to Dr. Fletcher, to Administration asking for Dr. Fletcher's input
based on that span. I do not want to see the concrete get laid only for a couple of
years and then it is going to get destroyed and we have to find an alternate path.
So let us figure out what is happening with that beach. If it is a cycle, we have to
expect that. If it is a 60-year cycle, then the 60 years of life on the path may be
worth the investment. But if, in fact, the estimate of that beach running away is a
year or two, it is not worth the investment. We have to find an alternate path. And
I am going to push that issue, because I believe it is a serious one and it will be very
expensive to build the concrete without even understanding what is going to happen
with that beach. And then the other thing, if the staff could note, I know Mr.
Kuali`i asked for the E.A. information, and if we could get copies of that from
Phases c and d. I would appreciate that, just to look at what the community's
inputs are. Because it is going to move the path back onto the beach side of the
marketplace. I know that that area may be—I know earlier when we had the
discussion years ago, in front of the restaurant—what is the restaurant by Coco
Palms? Yes, Seashell Restaurant, which the earlier plan was to go in front of that,
but that was a well-known habitat for the monk seal and turtles. I want to make
sure the E.A. covers all of those things. People will criticize me for being an
obstructionist to the path, but I want to make sure we build an asset that is going to
be there. I want to make sure we have an asset that is not going to cause more
problems for this County down the road. That is all I am trying to do. Money is
not— it is a big issue for us going forward and I want to make sure we are not
laying down concrete knowing that it is going to disappear or we are going to have
to relocate it soon or soon thereafter. I want to see some consultant information on
especially the Wailua Beach portion, because I see the prep work and I think it is
going to be done sooner than later and I want to understand what is going to
happen to that beach before we lay down that expensive concrete. Thank you.
Chair Furfaro: Mr. Kuali`i.
Mr. Kuali`i: Thank you, Mr. Chair. I think for starters, one
thing I want to do is express my apologies to our Parks & Recreation Director,
Lenny Rapozo. I did not mean to start getting, you know, louder and upset and
passionate. But I do just want to say that—and I also want to make it clear I do not
speak for the community of Anahola. I have lived there for two months and I have
family that has lived there and worked with the community of Anahola for 10 years.
But I do not speak for them. I participate in them collectively speaking for
themselves as a community. I just want to point out again, that this Anahola Town
Center plan that was put together by the community was the first of its kind and it
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was award-winning and it was D.H.H.L., I suppose, responding to what had
happened two, three years ago, and starting all over and saying, "Okay, we will
work with the Anahola community. The people on the ground know best about
what they want to see going forward." The Anahola Town Center Plan and you can
go to the website at D.H.H.L. and look up the Anahola Bubble Plan, it is a
community-based master plan where the community of Anahola has laid out a
circular plan from both sides of the highway—mauka and makai, and talks about
COUNCIL MEETING 25 SEPTEMBER 5, 2012
the different kinds of future development they hope to see with community use
areas, with the commercial and recreational areas, and includes a green,
sustainable, walkable community that includes how the bike path can and should
come into the community of Anahola. Now the newest subdivision, Pi`ilani Mai
Kekai, is underway, there is probably 30 to 40 families already moved in. I am one
of those. I have lived there now for two months and I want to send information to
the Parks & Recreation with the new association there. So there is yet another
community group to work with. My main point was that there are collective
associations that are working to better Anahola and there will always be
individuals who voice their concerns, but that we should recognize the voice of the
community a little more than we do individual, disgruntled folks, even though of
course they have a place to have their input as well. I appreciate this report. I
appreciate the reports that are yet to come in the future. I will be submitting some
requests for more detail. And to perhaps even to see if there is a way to share that
with the public as well, so we get more buy-in and everybody understand how we
are trying to move forward with their input. Thank you, Mr. Chair.
Chair Furfaro: Anyone else before I speak? Vice-Chair.
Ms. Yukimura: Yes. First on, for Anahola, I think it is a wonderful
long-range vision that Anahola is going to be connected into...
Chair Furfaro: Vice-Chair, I am going to give you the floor. We are
in need of taking a 10-minute caption break. We are on a 10-minute caption break.
There being no objection, the meeting recessed at 11:02 a.m.
The meeting reconvened at 11:17 a.m., and proceeded as follows:
Chair Furfaro: We have returned from our recess, and Vice-Chair,
you had the floor.
Ms. Yukimura: Thank you, Chair. I wanted to say first about the
Anahola pathway to Anahola that it is wonderful that is part of the long-range
vision. Also, I do believe it was appropriate when the County stepped back, but I
hear that there has been a change now. I hope to see the County working with the
citizens, but it is possible that perhaps all of these different groups in Anahola could
get together and even make a request to the County to begin the planning work for
that stretch, which would be a way of showing that the community is ready or more
ready than it was before. I also want to say about the expenditure of Federal
moneys that we definitely are responsible to spend it well, but I do not think we
should hold back in applying for those moneys; all the 11,000 or plus other counties
and communities have the opportunity to apply for those moneys as well. When we
have such a fine project which affects and improves the health of our people, gives
access to the shoreline, builds our economy, and supports tourism, to be able to
leverage $34 million with half a million dollars of County money is a really
wonderful thing. I know some of this money is going to future phases, but if you
conservatively say it took $34 million to build 6.8 miles of multi-use path, that is $5
million a mile. I just want to point out that to go from Lihu`e to the community
college and widen that took $40 million and that is for less than a mile or maybe
about a mile. When you have such multiple benefits at a much cheaper cost than
Wainiha Highway, we have to put some of our resources in that direction in order
that we become a more multi-modal community.
COUNCIL MEETING 26 SEPTEMBER 5, 2012
Chair Furfaro: Thank you. Anyone else who wants to speak? I
just want to kind of summarize a couple of things and I think Vice-Chair Yukimura
pointed out that many of us here on the Council do know that we are a Federal-
receiving State. In other words, we get more Federal funds than we necessarily pay
out and we try to use them for the fact that our State is the recipient of many other
State visitors, who benefit from the improvements we make in our community. We
do recognize that. Another item I think we need to chat about is, Lonnie, I know we
spent time as a Council creating what we thought of a definition of a standard as it
relates to an excellence in doing something. In the Hawaiian value of "kino`ole,
without flaw, to do it right the first time whenever possible." Obviously, I think
that is something that you might want to take back to your Committee as we
develop quality-control items. Resolve the standard of the best practice for signage
as a body so that you can convey that to the people that are contracted
specifications on future phases. And realize that value engineered is a part of every
project, but perhaps the signage is something that we do not want to compromise
on. At the end of the day, if we think frugal, then on the other hand we better think
about more repair and maintenance if we have products that do not last a long
period of time. That is one thing that I think many Government plans, especially
during the budget cycle, there is not money put aside for standard repair and
maintenance and replacement. There is a price to pay if we think frugal and that
ends up in larger repair and maintenance costs later. I want to also thank
Mr. Kuali`i for his passion in his community, and I think the point made about
engaging in various community associations is a good one, well-taken, and thank
you for pointing that out. Although you apologized, we certainly accept it, because
we recognize your passion in your hometown. On that note, Mr. Rapozo made a
request to get C and D phases a copy of the E.A. We will make sure that
communication goes over and I want to thank Lenny for a very nice presentation.
Each phase we get more detail and you are constantly making improvements on
your report. Thank you very much. On the motion I would like to have is to receive.
And I said twice I would like to be the last speaker.
Mr. Bynum: Just one second, that the County of Kaua`i's
website under the Building Division has many of these documents, including the
complete E.A. for Kapa'a to Lydgate. I just want to say that those documents are
available. The supplemental ones are in process.
Chair Furfaro: If a member makes a request to the Council, I shall
honor it, regardless of knowing other places to go. But we appreciate your feedback
on that.
The motion to receive C 2012-345 for the record was then put, and
unanimously carried.
Chair Furfaro: Thank you very much. Before we go on to the next
item, I want to say to you folks and I think I have material here somewhere. On the
last item, 2446, 2447, which is going to public hearing, I have been meeting this
morning and yesterday with the Administration and talking to some State people
regarding certain estimates on the F.E.M.A. claims that are coming up on
September 19. I will pass this information out to you. Has it already been passed
out? No? Okay. There was a total estimate of statewide damage in the County of
Kaua`i from the March storm of approximately $6,600,000.00. Of that, the Kauai
County's share not including the Water Department was about $3.4 million. There
was a money bill that we took first reading today, which will be coming up on the
19th. The approach to this is three of the projects related to some immediate
COUNCIL MEETING 27 SEPTEMBER 5, 2012
responses, which showed $2.8 million anticipated repair and maintenance item.
The fact of the matter is that we can only get reimbursed 25% of that so our total
share might be $3,082,000.00 and you have a little graph that I made available with
some corrections this morning. So you are current. The graph does not—does not
include the Kilauea repairs on the road. The Kilauea repairs are being paid totally
by the Federal Government, close to $12 million. So you put the 12.2 together with
the 6.8 and that is where the $19 million comes from as total collective damage on
Kaua`i. Then I met with Wally to reconcile, at this point, our Reserve Fund since
last week's item on the two amended budget bills so that you can see what is the
summary amount available in our reserve to-date. That is in a correspondence
confirmation from Wally Rezentes to myself, so folks you have that in advance to
the public hearing on September 19. Thank you for giving me that moment to get
that out to you. It was not quite in the form that I wanted when we discussed the
item. You are all current now on the reconciliation of the storm disaster costs, as
well as the reserves. Let us go to the next item.
C 2012-347 Communication (07/19/2012) from the Director of Finance,
transmitting for Council information, the Period 12 Financial Reports – Statement
of Revenues as of June 30, 2012 for Fiscal Year 2012, pursuant to Section 21 of
Ordinance No. B-2011-732.
Mr. Rapozo moved to receive C 2012-347 for the record, seconded by Mr.
Kuali`i.
Chair Furfaro: There is a motion to receive and a second. Is there
any other commentary? The reason I wanted to pass this out to you folks early
before we started the item, I wanted to make sure you had a summary of what the
emergency costs would be because as we got moneys reported on O.P.E.B., there
might be a little additional money going to the surplus, but at the same time I
wanted to point out that we have our 25% of storm damage yet to be covered. So
before we get too aggressive with the O.P.E.B. number, let us take into
consideration that we have to cover our 25% of the storm damage. Any further
discussion? Any comments from the audience regarding period reconciliation for 12
months? Seeing no one, we have a motion to receive and a second.
The motion to receive C 2012-347 was then put, and unanimously carried.
C 2012-361 Communication (08/13/2012) from the Fire Chief, requesting
Council approval to apply, receive, and expend the U.S. Department of Homeland
Security, Assistance to Firefighters, Staffing for Adequate Fire and Emergency
Response (SAFER) Grant in the amount of $472,350.00 that will be used to cover
the cost of the salaries of three (3) new firefighters for the Lihu`e engine company
for two (2) years with no cost share to the County.
Mr. Kuali`i moved to approve C 2012-361, seconded by Mr. Chang.
Chair Furfaro: Thank you. Any discussion, members? Go right
ahead.
Ms. Nakamura: Yes, I just wondered if someone from the Fire
Department was planning to be here?
COUNCIL MEETING 28 SEPTEMBER 5, 2012
Chair Furfaro: You can call them over, if you want. I met with the
Chief yesterday. I understand that he met with the Chair of Public Safety, too.
Please call for the Fire Chief and let us move to the next item.
There being no objections, C 2012-361 was deferred to later in the agenda.
C 2012-362 Communication (08/14/2012) from the Housing Director,
requesting Council approval to decline the County's option to repurchase Unit
No. 90, Villas at Pii`ali, located at 1921 Hokulei Place, Lihu`e, Hawai`i, 96766, and
to grant the owner a waiver of the buyback and allow the market sale of the unit for
a period of one-year.
Mr. Rapozo moved to approve C 2012-362, seconded by Mr. Kuali`i.
Chair Furfaro: Discussion? This motion to approve is to not take
action on this option. This is a decline on the County's option to purchase. Anyone
in the audience wishing to speak to this? Seeing no one, all those in favor, signify
by saying aye?
The motion to approve C 2012-362 was then put, and unanimously carried.
Chair Furfaro: Thank you. Let us go to 363.
C 2012-363 Communication (08/14/2012) from the Housing Director,
requesting Council approval to decline the County's option to repurchase Unit
No. 201, Ho`okena at Puhi, located at 2080 Manawalea St., Lihu`e, Hawai`i, 96766,
and to grant the owner a waiver of the buyback and allow the market sale of the
unit for a period of one-year.
Mr. Bynum moved to approve C 2012-363, seconded by Mr. Kuali`i.
Chair Furfaro: Discussion? Anyone in the audience wishing to
speak to this? Next item. Seeing no one, all those in favor, signify by saying aye?
The motion to approve C 2012-363 was then put, and unanimously carried.
C 2012-364 Communication (08/28/2012) from Council Vice Chair Yukimura
and Councilmember Nakamura, requesting agenda time to discuss and approve a
list of community people to be recommended to and appointed by the Mayor to serve
on a Mayor's Advisory Committee for a Drug Prevention Grant Pilot Project
administered by the Life's Choices Kaua`i Office.
Mr. Rapozo moved to approve C 2012-364, seconded by Mr. Kuali`i.
Chair Furfaro: I want to so note that we should reflect back on our
narrative with our budget. This is was not a proviso in the budget. This was the
narrative on our message, "There should be a discussion on the Adolescent Drug
Treatment Facility that has made evident the need for drug-prevention on Kauai,
and the Council appropriated to The Life's Choice division $250,000.00 for a pilot
project providing grant funds to high school and preschool qualifiers through
afterschool programs. This goes on to say that the Council would suggest that a
five-member team of community leaders knowledgeable in the science of prevention
be appointed by the Mayor from the list provided by the Council to evaluate and
award grants." So that is what this agenda item is in reference to. This was not a
COUNCIL MEETING 29 SEPTEMBER 5, 2012
proviso, but the Council wrote its narrative, they wanted me to send over those
names. On that note, I will turn the floor over to you, Vice-Chair Yukimura.
Ms. Yukimura: Thank you, Chair. I know that Managing Director
Heu wanted to say something, so maybe we need to call him.
Chair Furfaro: I indicated to him that we may get there
about 11:30 and I did pretty well. Let us see, it is 11:32 and he walked in the door.
Ms. Yukimura: Thank you very much. I just want to say that this
does come out of our budget. It was not a proviso because the program is yet being
developed so we wanted to leave a lot of flexibility in the initial execution of the
program and learn from that as a pilot project. Is there the list of names? There is
a list of names that Councilmember Nakamura and I put together to submit to the
Administration, with your approval and with additions or subtractions, if you so
desire. The motion has been to approve this to go to the Mayor. The Mayor does
not have to follow exactly, but hopefully he will follow it in a way that will help us
develop this program so that it can become an effective prevention program in the
County. Councilmember Chang, you have a question?
Mr. Chang: Yes, thank you. I just had a little clarification,
what are the age brackets?
Ms. Yukimura: Well, it is both for preschool and afterschool
programs so it is children from the age of conceivably zero to 18.
Mr. Chang: Thank you.
Chair Furfaro: Let me give this a little clarification, there is a list
of 9 that was submitted by you and Councilmember Nakamura. There is a second
list of 6 that came from other Councilmembers. There are a total of 15 potential
names to submit to the Mayor.
Ms. Yukimura: Okay. I
y wanted to see if Councilmember
Nakamura would like to say anything. Okay. Councilmember Bynum.
Mr. Bynum: I have a question. All of these people have been
contacted and are they aware that they are on the list?
Ms. Yukimura: On the list that Councilmember Nakamura and I
put together they have been contacted and are willing to serve. I am sorry I did not
know about these other names. Oh, it is Councilmember Kuali`i. This is your
proposal?
Mr. Kuali`i: I got the impression from staff that this was—and
you just mentioned it now that you have this group of names and that we all could
add names. So I just quickly yesterday made a few phone calls to people working in
the field of prevention and gave these names. I have not contacted these people to
see if they are willing to serve. As you notice, some of them, I do not have all of the
information like Laurie Ho; I know she recently retired from the organization that
she was working with. I think I have her home cell number but I did not
necessarily want to give that out.
COUNCIL MEETING 30 SEPTEMBER 5, 2012
Ms. Yukimura: And the other consideration, for example because
Kaulana Finn's name from Big Brothers Big Sisters is on, if these groups want to
apply for grants then it would not be appropriate for them to be represented on the
Committee.
Mr. Kuali`i: I thought about that and then I also thought that
they may or may not. So if they are not and they are serving the community in that
specific way, they are in a pretty good position to understand the big picture of what
we are trying to accomplish.
Chair Furfaro: Let me take the meeting back so that we can
recognize individuals. I gave Vice-Chair the floor to explain the narrative in the
budget to get us to this point. We have 16 names as potential to be sent over to the
Mayor and the selections are the Mayor's choice. But obviously, I would like to call
up Mr. Heu to have a better understanding of the Administration's oversight even if
you have this advisory group that the Mayor would select from names submitted by
the Council. So the rules are suspended and may I ask you to come up, Mr. Heu?
There being no objections, the rules were suspended.
GARY HEU, Managing Director: Thank you, Chair. For the
record, Gary Heu. I want to thank you for this opportunity to speak with you this
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morning. First of all, the Administration applauds the Council's placing of the
$150,000.00 in the budget for the current fiscal year to deal with a drug prevention
grant project. We believe it is a really positive thing for the community and would
even support a higher level of funding if we felt we could manage it effectively.
That is kind of why I am here this morning. And just to say that because of the
current Life's Choices current staffing levels we have concerns about being able to
manage the ongoing program, not to mention the additional $150,000.00 for
prevention. I wanted to take this opportunity to inform you we will be coming
before this body to engage in a comprehensive discussion about creating a structure
with appropriate resources for the Life's Choices organization, which will allow us
to successfully meet our goals and to manage and maintain the program into the
future. We understand that is not the proper agenda item with which to pursue
that discussion. However, we thought it was important to provide notice to
Councilmembers regarding our concerns and our ability to manage this additional
project without adequate resources. We look forward, as I am sure you do, to
having that future discussion and being able to move forward with this additional
drug prevention project
Chair Furfaro: I would agree this is probably not the forum to have
that discussion. What is on today's agenda is a discussion about potential people
that we are submitting to you to sit on the prevention grant pilot program. We have
members that have made contact with about 60% of the people on the list that we
are submitting to you. But I, too, would prefer you coming back with some
recommendations for discussion on the administration of this policy, then that
would be a new agenda item.
Mr. Heu: Right. Thank you, Chair. I am not prepared today
to discuss this specific agenda item or comment on a proposed Committee or the
members of that Committee. I simply wanted to give Councilmembers a head's up
about our concerns in terms of managing the $150,000.00 that we are being asked
to oversee as part of this year's budget. So yes, we are more than happy to have
COUNCIL MEETING 31 SEPTEMBER 5, 2012
further discussion relative to the management of this $150,000.00 as within the
context of the overall Life's Choices program.
Chair Furfaro: Let me ask you, when do you suspect that the
Administration, I mean it is fine that we are making these recommendations for
advisory-type people, but when do you think the Administration would be prepared
to begin some dialogue with the Council about the actual program?
Mr. Heu: It would be our goal to put something in front of the
Council for consideration within the next 6 weeks or so. We are currently in
discussion within the Administration, and we would like to do some additional
outreach and get additional input as we prepare to have that discussion with
Council. So I would say within the next 6 weeks we would hope to have something
in front of this body.
Chair Furfaro: Okay, Vice-Chair Yukimura.
Ms. Yukimura: Yes. I am very grateful for the Administration's
support for this program. Your partnership is essential, and I think it has great
possibilities for doing cost-effective prevention and preventing a lot of our young
people from falling off the cliff and in need of treatment and so forth. Thank you for
that. It is certainly logical that in order to implement this program and the other
functions of the Life's Choices office that you need adequate staff. So speaking for
myself, I would be willing to really look at funding that kind of staff as long as we
can agree on the purpose of the office and the role it is going to play in the drug
response—the large drug-response effort. I look forward to the conversation on
what that is, and getting clarity and unity about it, and then I think we can really
move ahead.
Chair Furfaro: You are saying in about 6 weeks you will send
something over to my staff?
Mr. Heu: That would be our goal, yes.
Chair Furfaro: Councilmember Nakamura?
Ms. Nakamura: Gary, are you saying that with the current staffing
levels that this program would be difficult to implement?
Mr. Heu: Yes.
Ms. Nakamura: When you do your analysis, are you going to be
looking at—permanent staffing to implement this type of program, or would you be
looking at other ways to administer it?
Mr. Heu: I think we would have to look at all of the various
options. Again, it is not merely the $150,000.00 project that we are concerned
about. We are concerned about our current ability to manage ongoing programs
and initiatives within Life's Choices. So we would analyze that within the context
of everything that Life's Choices has responsibility for.
Ms. Nakamura: Okay. So does that, in your mind, that comes first
before this piece moves forward? The forming of a Committee? The forming of
COUNCIL MEETING 32 SEPTEMBER 5, 2012
rules, the potential setup of this grant program? Is it sequential or can it happen
at the same time?
Mr. Heu: That is a good question and I am not sure I am
prepared to answer that at this point in time, because I am not sure I understand
all the particulars tied to the $150,000.00 that was placed in the budget. It is
probably best for me to become more familiar with that before I venture a guess at a
response to that.
Chair Furfaro: Mr. Rapozo had a question before you, Vice-Chair.
Mr. Rapozo.
Mr. Rapozo: Thank you. You must be reading my mind today,
because I was thinking of a question, but I was not going to ask it, but I will because
you read my mind. Thank you, for the birthday present. Gary, I am a little
confused because what was stated in the budget was this Committee would be the
Committee that would evaluate and award the grants, much like how the C.A.C.
and Host Committee Benefits are really not utilizing many County resources, and
this Committee as I saw it would be the experts that assess and analyze that
applications and actually make the determination or recommendation of awards. I
guess I do not understand what you are saying. You are saying that we need more
staff to run this grant pilot project, and again, it is a pilot. It is just one year to see,
and I guess I am a little confused as what I am hearing is that you are looking at
expanding the office to administer this program. I think that goes against what we
are trying to do here. We are putting together this community group that is going
to be the evaluators and report back to the Council in a year.
Mr. Heu: That is a point well-taken. Like I said, I am not
intimately familiar with the discussion that took place on the floor with regard to
the $150,000.00. But it is important to remember that evaluation and awarding of
grants is a component of the overall activity. There is still the monitoring and the
compliance activities that need to take place. We need to make sure that at a
minimum, we have sufficient resources to perform those activities. Again, I think
we probably need to flush out a little more what the expectations would be of this
proposed Committee and how that translates to additional work or not for staff of
Life's Choices.
Chair Furfaro: Let us say this, Mr. Rapozo. Gary, we are going to
hold you to the 6 weeks for a new agenda item that is broader than this. We can
have that full discussion at that time. You heard these preliminary questions from
the 3 Councilmembers, but I want to be cautious here, because the agenda item is
submitting names for this Advisory Committee. But I will hold you to the 6 weeks.
On that note, Vice-Chair Yukimura, I will give you the floor.
Ms. Yukimura: Thank you. The work, at least as I understand it,
will take staff, because you are convening a group of pretty high-level people and
they are not going to take the minutes. They are not going to write up the specs or
do the advertising. They will oversee the process, so it will take some staff time.
And what has not been very clear here is at the end of September, there will only be
one person in the office because the staff is currently funded by Federal moneys
p Y Y Y
through the State and they are expiring in September. So it will be a very leanly
staffed office, which has a lot of things on its agenda, not the least of which is
servicing all of the different Committees, like the Prevention Committees,
Enforcement Committees, and Treatment Committees. There is a lot of work. I
COUNCIL MEETING 33 SEPTEMBER 5, 2012
think it is clear that there needs to be more than one person in that office, but how
it is to be configured and what the clear purpose and role of the office will be still
needs to be elucidated or clarified. I think the work is cut out for you and hopefully
there will be some dialogue before it comes to the Council.
Mr. Heu: Yes.
Chair Furfaro: What we have on today's agenda is a
recommendation of approximately 15 names. I would like to give the courtesy to
Mr. Kuali`i to have maybe the next 48 hours to attempt to make contact with the
additional names he submitted, and then we will do a cover letter, if approved here.
We will do a cover letter and direct it over to your office by Friday. Okay?
Mr. Heu: Thank you.
Chair Furfaro: Any more questions? We will hold you to the
date— can we get a date, Mr. Clerk, 6 weeks from now? October 24. Gary, we will
have you back October 24.
Mr. Heu: Thank you very much.
Chair Furfaro: Is there anyone in the audience that wants to
testify under the agenda item that submits names for consideration to serve on the
advisory board to be finally selected by the Mayor? Seeing no one, the meeting is
called back to order. Vice-Chair Yukimura.
There being no objections, the meeting was called back to order and proceeded as
follows:
Ms. Yukimura: I believe there was a motion to approve and I
presume it was the list that Councilmember Nakamura and I...
Chair Furfaro: I want to see if there is anymore dialogue here.
Ms. Yukimura: I was going to make a motion to approve to add
Councilmember Kuali`i's names in.
Chair Furfaro: For whatever lists we had approved, we are going
to wait at least to Friday before we send it over so that we are extending the
courtesy to Councilmember Kuali`i to contact his people. We can do it in two
motions. We can send over the list that you and Councilmember Nakamura had
already discussed. You can send that over today if you would like.
Ms. Yukimura: I was going to suggest that we approve the two lists
subject to consent from those on Councilmember Kuali`i's list, and I mean, basically
that would give us one list to send to the Mayor and the consent could be clarified
within the next 48 hours.
Chair Furfaro: So we have that motion. We have a second. Now,
Mr. Rapozo.
Mr. Rapozo: Well, Mr. Chair, this communication was received
on the 30th. I was off-island for H.S.A.C. and got back on Monday, which was a
holiday so I just got to see this. This is obviously not a rush situation, because the
COUNCIL MEETING 34 SEPTEMBER 5, 2012
Administration is not even ready to act on it. I do not have a problem with the
names in here. A lot of these names are connected with non-profits that would
actually be, I believe, would be possibly applicants for the grant. We have not had
the discussion and I do not know if today is the day to have the discussion, but one
thing I have always said and has gone unheeded throughout the years, we do not
get the kids involved. One of the things that I would like to do is get high school
students, whether a junior or senior, to be part of this Committee. I have said this
over and over and we have never made them part of the Drug Committees, and
prevention is a key component are the kids and young adults. I would ask for some
time so I can make some phone calls. I really believe that we should not be—
especially with such a small committee of five, chances are what if you get an issue
that they all apply for the grant? We are going to run into some major issues. I
think we should be selecting people that have no real financial interest in the
grants and there are a lot of people out there that could be part of the Committee.
There are a few on here that they may be retired and not participating in the non-
profits, but a lot of them are. That is just my comments, but I would ask for at least
a couple of weeks. Then Mr. Kuali`i, who has not made contact, I think obviously
before the names get on the list, we should make contact and see if they are willing
to, because if they are on the Committee, they will basically take themselves out of
running for the grant for the organization. So I would ask for two weeks if possible.
Chair Furfaro: I just want to say a couple of things here. I think
what you just said I repeated because I was willing to do it in two increments for
Mr. Kuali`i. Secondly I understand from the staff, you know, the members were
contacted individually to submit names. Many of us felt that there were people
closer to the Committee that would move forward on it. But I am sensing your
recommendation is to defer it for two weeks and come back and vote then. I would
ask you all to refer back to my July 30 request for the names. We have a motion and
second on the floor. Let me recognize Vice-Chair Yukimura.
Ms. Yukimura: Thank you, Chair and thank you for mentioning
your memo, because there was a memo circulated to all Councilmembers asking for
suggested names, so that we could compile them and recommend them at today's
meeting. This list is actually Councilmember Nakamura and I submitted list per
the memo to our staff, who then contacted all of these people, and asked them if
they wanted to be applicants, because we knew if they wanted to be applicants they
should not be on the list. So these people have been cleared and they are not
planning on applying for grants, because we knew if they wanted to be applicants,
then they should not be on this list. At least the list we submitted, all of these
people have been cleared. They are not planning to apply for grants if they are
chosen to be on the Committee. So this list is actually ready to go, I believe, to the
Administration. If there needs to be a greater delay, I think it is okay; although,
the time for implementing this program is getting shorter. I do not object to a two-
week delay, but just to know there was a lot of advance work put into this.
Chair Furfaro: Thank you for extending those courtesies in your
comments. Mr. Kuali`i.
Mr. Kuali`i: I would say that if we just rushed this list today, it
would just sit on the Mayor's desk, because the Mayor is not ready to make this
decision. So out of courtesy for any Councilmember whether the memo came out a
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month ago or a week ago before the long weekend, I think here we are sitting and a
Councilmember is asking and there is no hurry. Director Heu never said we have
COUNCIL MEETING 35 SEPTEMBER 5, 2012
had to have this decision today. So a two-week deferral would be easy to support for
me. I have removed my second.
Chair Furfaro: Mr. Bynum.
Mr. Bynum: I just want to thank you, Councilmembers
Yukimura and Nakamura, for this list and agree that a two-week deferral would be
fine.
Ms. Yukimura: Mr. Chair, there is no need for removal of the
second because the motion to defer takes precedence over the main motion.
Mr. Kuali`i: My motion was not made yet.
Ms. Yukimura: So if we are ready I can move to defer.
Chair Furfaro: We are developing a sequence here. Your point is
well-taken and your point well-taken. Because September is a five-week month, it
will come back September 26. Thank you for making reference to my memorandum,
when I send something out that gives a month's advance notice, I do think that is
more than significant time to put our thoughts together and for those of you who
missed the deadline, I simply said to the staff, well, I guess they feel comfortable
with the Committee's recommendation. We need to also recognize the need to try to
coordinate activities, especially when we communicate a month in advance.
Vice Chair.
Ms. Yukimura: I think there might be more discussion.
Mr. Rapozo: I guess I apologize I missed the memo, as many of
us do on many occasions. But again, nothing is going to happen for a minimum of 6
weeks as we heard today. I appreciate the courtesy of the deferral. Thank you.
Chair Furfaro: I am the Chair and responsible for the coordination
of this and making every effort that I can. If you miss it, you miss it, understood.
We all have agendas, but to just say that sufficient notice was given is my point. So
we are clear what I said about September 26 on a deferral? Did I get a motion to
defer?
Ms. Yukimura moved to defer C 2012-364 to September 26, 2012, seconded by
Mr. Kuali`i, and unanimously carried.
There being no objections, discussion on C 2012-361 was continued.
Chair Furfaro: Very good. Mr. Clerk, can we go back to the Fire
Chief to let you folks know the Fire Chief is on an assignment in Hanalei. We have
the Deputy Fire Chief here to talk to us about item 2012-361, which was a U.S.
Federal firefighters grant referred to as the SAFER grant in the amount of
$472,000.00 that will be used to cover the cost of three new firefighters. This in
particular should be used for The Lihu'e Engine Company for the first two years. I
want to make note that the LIhu`e station, which is station no. 3, is also the
homeport of our response for our rescue services. At a point in time, many times we
have been able to use one of those officers to be the fourth person on the fire
response. But we have recently had an upswing in emergency rescue calls, which
leaves Lihu'e station with a three-man team. This grant will provide us an
COUNCIL MEETING 36 SEPTEMBER 5, 2012
opportunity to have that fourth man plus the rescue team at Lihu`e fire station unit
no. 3. There are no moneys for this after two years, and it is a way for us to invest
in some staff expansion, but it would be subject to a discussion on budget staffing in
two years to continue that manpower. Chief, I will give you the floor. I think I
summarized it as a understand it. Mr. Rapozo you met with the Fire Chief as well?
Did I summarize it as you understood it?
Mr. Rapozo: Yes, sir.
There being no objections, the rules were suspended.
Chair Furfaro: We have questions for you from the other members.
Go right ahead, Councilmember Nakamura.
Ms. Nakamura: Hi. Is this a one-time grant or ongoing grant?
JOHN BLALOCK, Deputy Fire Chief: This is basically a one-time
grant. Again, thank you, Chair.
Chair Furfaro: You have to introduce yourself.
Mr. Blalock: For the record, Deputy Chief John Blalock, Kaua`i
County Fire Department. Chair, that was a great synopsis of what you have
covered for us. It is an opportunity, again, that as we look at our needs not only
islandwide, but more so in Lihu`e itself, it is a staffing need that has been identified
years back. And just to give it a little bit of history of how this all came about is
that prior to us establishing a rescue unit in Lihu`e, it was basically an 8-man
station. For whatever purpose it had, I was an 8-man station and they still did do
rescues and kind of placed certain personnel on a rescue squad for that day and
some on the suppression squad for that day. As we moved forward and with the
separation of suppression and rescue, just due to the needs of the community, it has
become more and more of an issue. If you look at every other station around the
island it is a 5-man station. Suppression, and basically nationwide that is what it
is, 17 N.F.P.A. (National Fire Protection Association) says 5-man stations, and why
we do that is five men with a minimum of four; for any day that someone is off or
sick or whatever, we still have a minimum of four manning. And what we see now
is that when we are short and we will run it at set 3 and 4 or 4 and 3, depending on
suppression and rescue. We will do that and cross over, but any time you have
rescue going out of district, we are kind of leaving one of our biggest identified
hazards in the Lihu`e area, in our risks hazards for us with the 3-man crew. Again,
it is risk management and what we are looking at and trying to achieve here. The
SAFER—it is a one-time grant, but as you know, we have applied for SAFER prior.
But the justification of the prior SAFER Grant was more through attrition as
opposed to staffing needs. This one is more applying to staffing needs. As we wrote
the application, you need to show the need that you are inadequate in your staffing
area. What we are showing here is that as a suppression station, which should be
five, we on a constant basis have four or three. That is the basis of this application
here. I do not know if I answered your questions.
Ms. Nakamura: So there is currently you would say a need for one
or two additional suppression?
COUNCIL MEETING 37 SEPTEMBER 5, 2012
Mr. Blalock: We are applying for three here. We run our
staffing in three battalions. It will be one firefighter per battalion, per shift; so with
a total of three. One on first, one on second, and one on third watch.
Ms. Nakamura: What happens in two years?
Mr. Blalock: In two years, we have to basically absorb the cost of
providing those firefighters at that station.
Ms. Nakamura: When you are hiring people, they are going to be
hired based on this grant. Then they know in two years that now it is going to be
dependent on you putting these three positions in the budget and the Council
approving that budget for three additional positions?
Chair Furfaro: I think I want to expand on this for you, Chief, a
little bit.
Mr. Blalock: Go ahead.
Chair Furfaro: The Fire Department currently in the next 12-16
months will be responding to us with a strategic plan for their staffing. The
primary key item that we have been asking the Chief to do is to look at overall
insurance ratings for the different households across the 7-stations that we have.
So that the net outcome is the insurance companies look at the levels of staffing,
which determine what kind of insurance grading they will give us and in the long-
term, the households will benefit from that. I think it is very clear that we could
apply for this in two years from now, but we do not know the outcome. To answer
Councilmember Nakamura's question, if we move through the strategic plan to staff
appropriately and look at an improved C.I.P. plan for the whole fire department two
years from now, this could be additional money put in the budget, because we were
unsuccessful with the g rant.
Ms. Nakamura: Yes. I think my question here just has do with not
knowing what the County's financial situation will be in two years and what our
priorities are going to be. I know in some other departments when they use grants
to hire people, they are told upfront and so people can then plan accordingly. I am
just curious. I just do not understand how it works.
Chair Furfaro: By then, we will be able to see their strategic plan
and in that strategic plan, I would hope the Fire Department as I have had this
discussion before, you will be able to give us an answer on what happens with the
original Kapa'a Fire Station that is in a flood zone.
Mr. Blalock: Correct.
Chair Furfaro: What are we going to do with Kilauea because
Princeville now has to service to Ha'ena, which was unfortunately recently that we
had to have an extra water truck to fight the fire by drawing water from Wainiha
Stream. All of those things should be presented to us in the strategic thinking
along with getting us to the minimum four-man coverage, which will improve our
insurance ratings. Is that correct?
Mr. Blalock: You should by running for Chief. That is excellent.
The other element that was talked about is insurance ratings and insurance ratings
COUNCIL MEETING 38 SEPTEMBER 5, 2012
are definitely tied into the daily manning of each station. Part of it and even with
Kaiakea, it was to improve insurance ratings more for the Anahola going north of
that district. That was an excellent point about the I.S.O., which is the insurance
rating that we use to determine the insurance rates for each community. We do
present that on a yearly basis back to the Hawai`i Insurance Bureau as far as
staffing levels for each of our stations.
Chair Furfaro: We also want to point out that we have an island
that has 69,000 people and 20,000 visitors on any one day.
Mr. Blalock: Correct.
Chair Furfaro: That gives us a population of roughly 89,000. We
have seven stations. On the Wai`anae Coast they have 200,000 people and two
stations. We do not have that luxury to really understand that staffing piece until
we do this strategic plan with what the Chief is working on, because that is one of
the difficulties in a community this small. The farther the stations are apart, the
insurance ratings get really high. We have to see some kind of a benefit for the
homeowners through reduced homeowner rates.
Mr. Blalock: Correct.
Chair Furfaro: We have a very unique staffing problem with our
lower population and our 57-mile coastline for the island. We are eagerly looking
for your strategic plan in the next 14 months or so.
Mr. Blalock: Thank you.
Chair Furfaro: Vice-Chair Yukimura.
Ms. Yukimura: If the funding as Councilmember Nakamura has
pointed out and it is a point well taken is a grant funding, which is not sustainable
funding, would they be contract positions rather than civil-service positions?
Mr. Blalock: They would definitely be in our budget as budgeted
positions and that is the way we would treat it as such.
Ms. Yukimura: But they are not Council—I mean, are we creating
a position and dollar-funding it as a civil service position? Or is this a contract
position that is year-to-year?
Mr. Blalock: Well, let me step back on that, and you did mention
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something about even a dollar funded. I would not want to go down that road
because of what we are identifying here. We have in the past had dollar-funded
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positions in different stations as we identified them, whether it was for six months
or whatever the case may be. Again, it has hardships on the other end. You still
need the staffing levels and whether you take it out of overtime or however we do it.
I think what you are asking me, what you have is the cart before the horse is what
you are referring to, because we are creating a position that is in station 3 that has
not been approved on Council or Administrative side. So again, I guess, maybe that
is why we are coming here at this point in time and asking you what we are doing.
When I look at it, I think it is a cost-savings to the County that we are not paying
$500,000.00 for three firefighters. Again, that is part of risk management in how
we manage this high-hazard area.
COUNCIL MEETING 39 SEPTEMBER 5, 2012
Ms. Yukimura: No, my question is a technical one. If the grant
does come through, I do not know if you can even create a civil service position if
you cannot show ongoing funding. So it maybe a question for the new Human
Resources department. That is just what I am not clear about.
Mr. Blalock: I understand the point that you are making and
what you are saying. That is something that may be we have to come back to the
Council about and how we would provide in a case of such. That is all I can say
right now.
Ms. Yukimura: Okay. Then the other thing, who is paying the
benefits? Is this money covering the benefits?
Chair Furfaro: This money is covering payroll and benefits for that
period of time.
Ms. Yukimura: Okay, great. Then I guess in developing the
strategic plan, is it just the insurance rating that is determinative of staffing? Or
are there any measures that you use to determine what the staffing levels should
be?
Chair Furfaro: Well, there are other measures. If I may, Chief?
Mr. Blalock: Yes.
Chair Furfaro: They grade you on response time. They grade you
on the number of individuals covered for that particular station. Obviously, they
rate the kind of equipment you have to respond to a fire. They also rate the
buildings that are in that particular area, but here is the bottom line. We are one
man short in station 3 right now. We have an opportunity to cover that through a
grant and we have the following opportunities knowing our budget will grow in two
years if we continue to keep the recommended staff levels, or we have to make a
decision that we do not want the money now and therefore, station 3 will run
understaffed, and in two years, we could have to make a cut in staffing. Those are
the choices.
Ms. Yukimura: Well, which is why it is important to know what the
status of the positions will be under grant funding? I mean whether it is civil
service or contract and that is something that you will look at. I guess, the question
is, is the Council obligated to fund the positions when the two-year grant is over? I
mean, I think what the Chair said indicates that we are not. But what is your
understanding or the Fire Department's understanding?
Mr. Blalock: Again, I am not ready to answer on that one. What
I could go back to is that I could go back to our previous SAFER application and
what we had, and that if we did not continue the staffing levels we originally
submitted when we applied for the SAFER grant, we would have to return all
moneys, all moneys that were provided to the County from day one. Because even
our fifth year now goes back over where we are taking on full funding of the
firefighters at Kaiakea. That is one of the things we are dealing with now. If I drop
below my manning that we submitted at 129 paid staffing, if we drop below that, we
would have to refund the Federal Government all of the 1.5 million that we received
COUNCIL MEETING 40 SEPTEMBER 5, 2012
prior to that. So, as far as what you are asking me, I cannot answer that right now,
but I will provide the answer for you.
Ms. Yukimura: That really ties our hands if we are really strapped
for money.
Chair Furfaro: Sure, but the problem we are faced with, we needed
a new fire station at Kaiakea. We had an option to take a tiered grant from them.
They gave us four firefighters year one, then three in the next, and two in the next,
and now, finally down to one. The intent was providing us the funding. That is
why it is for the SAFER grant. The safety is also related to the individual men that
work the station. Or we could have not taken the grant and that 1.5 million would
have been our total responsibility along with building the new station. That is why
I summarized it. Item 1 two years from now we hope there is another SAFER grant
we can apply for. Option 2 is that we do not take the safer grant right now. Lihu`e
fire station 3 runs understaffed with the rescue team in it, and it might affect
homeowner insurance rates, or we go to option 3, take the grant now, know that we
might get an extension in two years, or know that to get us to the levels of
insurance expectations, that $479,000.00 becomes a burden. Those are the three
options in front of us.
Ms. Yukimura: Well, I agree and it is just that we do not know
what the budget situation will be in two years, you know? We have recently gone
through a year where we had to furlough employees. And Kealia, once you make
the commitment to having the fire station, you have to staff it at least to minimum
levels. So maybe there was a long term commitment and I guess it is just raising
the question of what our long-term commitments are going to be here.
Chair Furfaro: I hear your comments. I am going to recognize
Mr. Rapozo and Mr. Bynum. I hate to be this blunt about it but this is money that
is available to us now that defers some of the levels that we should be expected to
have. Mr. Rapozo and then Mr. Bynum.
Mr. Rapozo: Thank you, Mr. Chair. Chief, is it a reimbursable
grant? So we hire new positions and submit for reimbursement from the grant?
Can we use these fundings for current existing vacancies or new?
Mr. Blalock: This is for new-hires and again it is for adequate
staffing. The prior grant was exactly what you were talking about, that we went
out to get our staffing levels at a par that we needed to have it at.
Mr. Rapozo: But this one creates the new usage?
Mr. Blalock: Correct.
Mr. Rapozo: Whether we take this grant or not, the Kaua`i Fire
Department is going to have to fill those positions to meet the standards?
Mr. Blalock: That is what we are looking at and that is where it
is going to come down, whether where we continue to, again, apply for these
positions and whether it is for Administrative side or coming back to Council side
asking for these positions. Again, what Chair Furfaro was touching on, it ties in on
staffing levels, about insurance ratings, and to me the biggest one we talked about
is that it is risk management not only for the Fire Department, but the County.
COUNCIL MEETING 41 SEPTEMBER 5, 2012
Mr. Rapozo: I appreciate the SAFER grant. The cops in schools
grant, it is the same thing. They fund it for two years and give us an opportunity to
not use County money for two years. Yes, we have to make a commitment to fund it
later on down the road. I do not think that is an issue. I think right now, the
understaffing, how is it handled? By overtime?
Mr. Blalock: Partially by overtime. Every day staffing levels are
different whether it is sick-leave, vacation, things like that. So or even through us,
even attrition lately, people have been retiring. So you call back and you pay
overtime. There are costs involved at any time that you are trying to continue or
provide a staffing level that is acceptable not only to the constituents here, but to
our Fire Department to provide the safe environment for our firefighters.
Mr. Rapozo: Thank you.
Chair Furfaro: Mr. Bynum, you have the floor.
Mr. Bynum: Thank you, John, for all of the answers today. You
and the Chief have come here and told us about the staffing plans. This is just the
next step in something that you have presented here in the past, both with the
previous SAFER grant and during budget, and I recognize that the Fire
Department is very studious about their budget. You have the lowest variance of
all the departments. You budget tight. You are very clear with us. This was
something that we discussed previously. This is the next step. Am I correct in
that?
Mr. Blalock: I know this is something that maybe we have
identified and we have asked and maybe not prioritized it, I guess, as where we
need to be prioritizing it. Again, due to what is presented to us and like I say,
whether I get it now, two years down the road, it is still a need or an issue that we
have identified as far as how we provide, again, fire service, fire service protection
to the island of Kaua`i.
Mr. Bynum: I just want to recognize that we have had extensive
discussion about staffing and finding the balance between having safety for our
firefighters, safety for your community and response times that meet certain
standards, while we also and I do not want to go too far afield, but we developed
more outlaying neighborhoods that make it more difficult for you. So land use
decisions play into this, too. I am fine with this grant and I am glad that we have
the availability to go for Federal funding, but I think we already know we have to
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make a commitment to adequate staffing. When we went to the Kaiakea to that
first new station in what, 40 years or something? That it was going to—we were
going to have to incrementally increase staffing. And have Federal funds available
to do a portion of that is a good thing from my point of view. Thank you.
Chair Furfaro: Chief, thank you very much. Thank you very much
for coming over. I will see if there is other public testimony.
Mr. Blalock: Thank you, Chair. Thank you, Councilmembers.
Chair Furfaro: Is there anyone in the audience that wishes to
speak on this one? Lonnie? Did you two guys agree to switch? I just want to know,
COUNCIL MEETING 42 SEPTEMBER 5, 2012
because I called you up. Fine, I am fine with that, Mr. Rosa. I just did not know
what you guys did, Mr. Rosa.
JOE ROSA: Good afternoon, members of the Council. For the
record, Joe Rosa. I am listening to all of this stuff here, but you know, in
Government procedure, everything is equal work, equal pay and then I never heard
anything about the table of organization. In every shift in the Fire Department I
guess there are these three 8-hour shifts and what constitutes a battalion? Twelve
men? Eight men? Six men? You have got truck drivers and firefighters. What is
the table of organization? Because somebody has to be there to fulfill each position.
So what is your table of organization? How many firefighters? A truck driver?
How much of this? How many of that? Then you go by that to bring your manpower
level up. There is no set estimate on the table of organization as far as manpower
to man the stations on that 8-hour shift. You people are overlooking something,
which is a critical thing. While I was working, I was once at the Hanalei station
and for the year they had an example of six house fires. Now in Honolulu, they get
6-8 firefighters within a shift, an 8-hour shift. So again, when you look at equal
work and equal pay, Hanalei is 6 for the year and in Honolulu it is 6 in an 8-hour
shift. So all of this has to be looked at carefully. You have to work with
management and the unions to see what is the table of organization on an 8 hour
shift. Those are the kinds of things. Also, everyone you say things about flood area,
I look at it by it is the County that makes a lot of bad decisions putting those
stations. Look at the Koloa Fire Station, they made a new one. They put it in, a
new one, in a flood zone area, Waita Reservior, would rupture like Ka Loko. With a
tsunami, it is wiped out. Kapa'a is the same thing, Kaiakea, within the tsunami
area, Waipouli too. Things of public safety have to be put in a safe area not in those
kinds or areas that are subject to floods and tsunamis. You are spending taxpayers'
money. I know the Kapa'a Fire Station arrangement was put up by the Army in
World War II, right where the Ocean View Motel was. That is still there because
the Army put it and it was the same thing like the Koloa Fire Station if you look at
the old type of barrack buildings put up. So a lot of things has to be clarified as far
as funding. Where is your table of organization? I have not heard it mentioned.
How many men do you need per shift at each station? If you have to bring it up to
10, you bring it up to 10 and thereafter. Like Mel says, you look for funding to
continue the 10-man position. Sometimes people have to do their homework and
see what the table of organization is. That goes for your engineering crew, if you
are shorthanded you have to upgrade...
Chair Furfaro: Joe, I want to tell you that we just went through a
budget. An organizational chart exists for the Fire Department. A staffing guide
exists for the Fire Department. A staffing guide in concurrence with national
standards exists for the Fire Department. What we have here you cannot meet
those standards—the O.I.S., which is the Association of Insurance Policy Holders,
they grade you and your community on what your fire premiums are going to be
based on meeting the staffing levels, et cetera. The problem in particular that was
triggered by the Chief and his staff is Lihu`e also housed a rescue team. That
operates the boat and when they are on other calls, they are currently leaving the
truck and battalion chief short one person. Applying for this grant now helps get
them to that full level of staffing. But all of the things that you have queried on
does exist and I will be glad to meet with you and the Deputy Fire Chief and go
through those particular concerns you have. When it deals with the location,
Mr. Bynum said 40 years. No, you are correct. We built in the early '80s in Koloa.
We built in the late '80s in Princeville. So we have community support from the
stations, but your point about Kapa'a and the flood zone is something that has to be
COUNCIL MEETING 43 SEPTEMBER 5, 2012
in their strategic planning, because the Federal Government has indicated to us
that station eventually needs to be relocated. That will show up in the strategic
plan for the Fire Department. I just want to let you know, personnel staffing,
organizational charts exist and I would be glad to share them with you.
Mr. Rosa: Jay, nothing against it, but I can say that out of the
selection, Princeville was an ideal location. It is close within the community and it
is on the safe side because of tonnage limit on the Hanalei Bridge. The people have
got to consider that too because they do not want nothing changed and the State
offered a new bridge when I was working, how many years, how many times, but
they refused. They want the old atmosphere there. They have got to realize their
insurance is going to be up. I talked to Mr. Craddick at the Water Department
because of water departments and he told him about an area and he looked into it
and said, "Gee, you are right. We have to look into that." That is why I am bringing
it up to you. Maybe you were not aware. So I would like to see if you could do
something about it, too.
Chair Furfaro: I will share with you right now the entire
organizational chart for the Fire Department, the staffing that shows the three
battalion shifts, and I would be glad to discuss this with you because through there,
we have ocean safety that breaks off under one battalion chief. We have a
prevention bureau that breaks off. We have Lihu`e-based ocean rescue and other
emergency assignments. And it does exist, Joe, and I am going to give you a copy.
If you would like to further discuss it with me, I would be more than glad to, okay?
Mr. Rosa: Thank you. That is about what I had to say. We
are not aware of the table of organization. I know when I worked we had a table of
organization in the office.
Chair Furfaro: I just wanted to assure you, your time is up, but I
wanted to assure you that the questions that you raised do exist, the answers.
Thank you.
Mr. Rosa: Thank you.
LONNIE SYKOS: For the record, Lonnie Sykos. Of the issues that
impact insurance rates in our community is the issue of what size is the fire main?
The fire main is not at least 6 inches in diameter you are not adequately covered
unless there is a 100,000 gallon, 6 hours of full fire flow water available. So the
issue of insurance and fire protection is a complicated one and it is the Council's
obligation in this to look past just what is presented to the entire big picture.
Simply hiring more firefighters does not deal with the other structural issues that
impact insurance.
Chair Furfaro: I am sorry, you are wrong on that. You are wrong
on that. And the four points that I pointed out to you, Lonnie, were only part of
them. The insurance companies do look at the staffing levels.
Mr. Sykos: I did not say that they do not. I said...
Chair Furfaro: And they are part of the rating.
Mr. Sykos: They are part of the rating, but not the only part of
the rating.
COUNCIL MEETING 44 SEPTEMBER 5, 2012
Chair Furfaro: Correct.
Mr. Sykos: And that things like the size of the fire main, if it is
inadequate, is never compensated by having more personnel, just like inadequate
personnel is never fixed by having a bigger water supply. And so these are
complicated, interrelated problems.
Chair Furfaro: Like I said, I was not intending the four items that
I mentioned were the only four items. In very remote places, you even get a higher
rating, but it is depending if you have a tanker that you can bring water. So go
right ahead.
Mr. Sykos: I thank the Council for paying attention to the
long-term ramifications of taking grant money and creating short-term jobs and
whether or not we are finding ourselves ensnared in long-term fiscal responsibility
that we may not want to be involved in. I would also like to point out that in the
budget testimony in the last two years, the Fire Department has said that they are
inadequately staffed at the administrative level in order to pursue national
accreditation. I systemically have an issue in any organization, I am not picking on
the Fire Department, when an organization chooses not to become accredited and
thus they are choosing not to follow the best practices, because the very first of the
best practices is to get accredited. It is a perilous, slippery slope to start referring to
the best practices of your industry association when you do not follow them in total.
So, listening to the Fire Department, the assistant chief, I believe that is his title,
the assistant chief said that the issue at the fire station that this grant specifically
is dealing with...
Chair Furfaro: That is your three minutes, Lonnie, you have
another three.
Mr. Sykos: Thank you...came about because of the decision to
separate the fire suppression from the rescue services. This could be an excellent
way to generate the need that this grant fulfills, but on the other hand this was a
management decision made by the Fire Department that ended up—I do not know
what the circumstances were prior, but from the way it was termed, I assume that
they did not have this manning problem, or it was a different personnel problem
than the current one of having the rescue service cannibalize the prevention or the
prevention cannibalize the rescue service. I am unclear whether this problem at the
station with personnel is self-inflicted by the management decision to separate
suppression and rescue or whether it is part of a longer term issue. But I would
simply hazard that looking at the national political and economical environment it
is unlikely that the largess of the Federal Government will be able to be maintained
at its current levels, even with its most progressive of takeovers by the Government.
The money is simply not there. And were we to have a takeover by extremely
conservative portions of our population, the money will dry up instantly. This
entire deal of seeking Federal grants, I understand. I applaud it. But it is a high-
risk game that you do not get yourself into obligations and then find your financing,
if Federal money dries up, it is not just the loss of Federal money, but the loss of
federal money to everybody, and tourism will go down and all of our economy will
suffer. This is much bigger than simply three positions. This actually is a quite
profound reflection on the policy and direction that the County is going to have
regarding our vision of fiscal responsibility whatever we choose for that to be. Is it
fiscally responsible to get on the hook to the Federal Government knowing that
COUNCIL MEETING 45 SEPTEMBER 5, 2012
their resources are drying up? So I am somewhat opposed to this because of
unknown questions. The other ones being how much is it going to cost the County
in indirect costs, such as the bookkeeping for payroll, retirement, health care, their
uniforms, helicopter training? On and on. Those questions need to be addressed.
Chair Furfaro: Lonnie, those are your six minutes.
Mr. Sykos: Thank you, Chair.
Chair Furfaro: Thank you for pointing out the bigger issue here.
Thus, you understand why the Fire Department at the request of the Council is
doing a strategic plan.
Mr. Sykos: Correct.
Chair Furfaro: You also understand that with seven stations on an
island with 69,000 residents, 20,000 visitors, we need seven stations. Therefore, we
have been very delicately moving around this question about the costs associated
with accreditation and the costs associated with finding two assistant chiefs?
Mr. Sykos: Correct
Chair Furfaro: The need is there, but we have been very cautious.
But it is something if we want to get accredited, we have to do. Thank you for your
comments on the rescue services, but right now they do exist and they are based at
station no. 3. Thank you.
Mr. Sykos: Thank you.
Chair Furfaro: Any questions for Lonnie? If not, thank Y q � an you,
Lonnie, for your testimony. I think we are going to breach here on a lunch break. I
would like to see if we cannot finish this piece of business I will call the meeting
back to order. Vice-Chair Yukimura.
Ms. Yukimura: Just a point of clarification, Chair. This will be—
these three positions will go to the suppression unit, right?
Chair Furfaro: I will give you my answer as yes. But I will make
sure I get it officially from someone who wears a fire hat.
Ms. Yukimura: Thank Y ou.
Mr. Blalock: For the record, John Blalock, Deputy Fire Chief.
Councilmember Yukimura, yes, it will be going to suppression unit and again, that
is what we are identifying and again, how the Chair explained it. It is something
that is addressing how we, I guess, proceed in any fire incident. Again, it is the
manning that will go to the suppression unit.
Ms. Yukimura: Chair, may I have one more?
Chair Furfaro: Yes, we are already 15 minutes past lunch and we
have a public hearing in 45 minutes.
COUNCIL MEETING 46 SEPTEMBER 5, 2012
Ms. Yukimura: Basically, if we do get the grant, we need to fund it
after the two years or you may have to return the money?
Mr. Blalock: I will get back with you on that question, because I
do not have the answer right now. Going back to the previous grant it was yes.
Each grant has different justification and I will get back to you.
Chair Furfaro: That potential exists. That potential exists.
Ms. Yukimura: Okay. Do you have a record of how many times you
have gone below the minimum due to your rescue going out? How many times in a
year?
Mr. Blalock: I could probably get something like that just going
back and looking at what the staffing level were. Even with that, we have done
whether it is call-back—there are always costs involved as far as when we leave the
suppression unit short because of what we are mandated to do. There are costs
involved.
Ms. Yukimura: I am not asking for costs, actually just the number
of times that you are not covered?
Mr. Blalock: It is on a daily basis.
Chair Furfaro: No, but you could give us the history?
Mr. Blalock: Yes, I can.
Ms. Yukimura: Thank you.
Chair Furfaro: I am going to call the meeting back to order
because I want to move on action on this grant. Further discussion, Mr. Rapozo.
The meeting was called back to order, and proceeded as follows:
Mr. Rapozo: Mr. Chair, he just want to say that this is a time-
sensitive matter. The Fire Department, it is not the first time SAFER has come to
us. The application has already been submitted. And it is an issue. It is an issue,
because according to the Deputy Chief these awards go in rounds and if we miss our
round we do not get the money. I just want to say, we need to support this. I did
not hear any concerns about the financial situation of this County two years from
now when we talked about the County's contribution for the bike path. I did not
hear those concerns during the budget session when we were passing out positions
like it was candy at Halloween. There were no concerns about the budget two years
from now. This is an opportunity for this County to get two years' of paid fire
department salaries, three new positions. And yes, if it entails a commitment of
this Council funding it from the third year and on, I think that is a commitment
g Y
that we need to make. That is just my opinion as Public Safety Chair. They are not
asking for new positions to go out and do marketing. These are positions to fill a
gap that currently exists. That is what this funding is for. Whether we fund it
today or we wait three years and fund it with County money, we get two years of
entirely paid for costs, including benefits. Mr. Sykos had a question about the
benefits. This includes all of the costs for the three positions. So I am going to be
supporting this and I hope we can get the support, so they can move forward and
COUNCIL MEETING 47 SEPTEMBER 5, 2012
hopefully get this grant and start moving forward and to fully staff our Lihu`e Fire
Station. Thank you.
Chair Furfaro: I do not want to move this until after lunch.
Mr. Bynum, you want the floor?
Mr. Bynum: Yes.
Chair Furfaro: You have the floor.
Mr. Bynum: I will be brief. I am in support of this grant. This
is something that we have discussed extensively with the Fire Department. The
Fire Department is well run. I have had very few issues. They are always
responsive and they budget tight. And finding that balance between doing what we
can to provide the most safety and keep costs in order and that may impact
accreditation. If I had more time I would talk about the land use decisions that we
make, which make it really difficult for the Fire Department to find that efficiency.
Chair Furfaro: Thank you, Mr. Bynum. Councilmember
Yukimura?
Ms. Yukimura: I just wanted to say that I did not have any
objections to Councilmember Rapozo talking. I was just aware of the time
constraint and the need to still fully discuss this matter. I am in support of this
proposal, because of the Chair's insistence on a strategic plan. I think we need to
always see the big picture. I really would have felt much more comfortable if this
was a budget discussion when we looked at everything together. If we had said,
because this is a commitment to three positions. That is how it feels. I think it
would have been better saying this is our priority need, and we want you to dollar-
fund it. If we are going to be able to get a grant for two years and we love it, but if
this is making a commitment to permanent staff, we need to have a—it is not just a
grant. It is a commitment to permanent staff and we need to have that kind of
awareness and discussion in the context of long-range budget as we said during
budget. Positions are long-term commitments. So thank you.
Chair Furfaro: Well, I hope that we will be seeing the strategic
plan within about 14 months. Any further dialogue?
The motion to approve C 2012-364 was then put, and unanimously carried.
Chair Furfaro: We are going to come back at 1:45 p.m. for public
hearing.
There being no objection, the meeting recessed at 12:48 p.m.
The meeting reconvened at 1:55 p.m., and proceeded as follows:
Chair Furfaro: We are back from recess. We are going to page four
for Claims.
CLAIMS:
C 2012-367 Communication (08/16/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Koga Engineering &
COUNCIL MEETING 48 SEPTEMBER 5, 2012
Construction, Inc., for damage to their vehicle, pursuant to Section 23.06, Charter
of the County of Kaua`i.
Mr. Kuali`i moved to refer C 2012-367 to the County Attorney's Office for
disposition and report back to the Council, seconded by Ms. Yukimura, and
unanimously carried.
C 2012-368 Communication (08/20/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Elizabeth G. Villasista,
for medical bills, pursuant to Section 23.06, Charter of the County of Kaua`i.
Mr. Kuali`i moved to refer C 2012-368 to the County Attorney's Office for
disposition and report back to the Council, seconded by Ms. Yukimura, and
unanimously carried.
C 2012-369 Communication (08/21/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by James Harper, for
damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i.
Mr. Kuali`i moved to refer C 2012-369 to the County Attorney's Office for
disposition and report back to the Council, seconded by Ms. Yukimura, and
unanimously carried.
C 2012-370 Communication (08/23/2012) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Gilbert L. Tabalno, for
damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i.
Mr. Kuali`i moved to refer C 2012-370 to the County Attorney's Office for
disposition and report back to the Council, seconded by Ms. Yukimura, and
unanimously carried.
PLANNING COMMITTEE REPORT:
A report (No. CR-PL 2012-07) submitted by the Planning Committee,
recommending that the following be received for the record:
"PL 2012-02 — Communication (07/31/2012) from Committee Chair
Nakamura, requesting the presence of the Planning Director to provide a
briefing on agricultural subdivisions in the County of Kaua`i,"
Mr. Rapozo moved for approval of the report, seconded by Mr. Kuali`i, and
unanimously carried.
PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE REPORT:
A report (No. CR-PSE 2012-08) submitted by the Public Safety &
Environmental Services Committee, recommending that the following be received
for the record:
"PSE 2012-05 — Communication (08/13/2012) from Committee Chair
Rapozo, requesting the presence of the Chief of Wastewater Division to
provide a briefing on the Administration's efforts to address concerns
regarding the foul odor coming from the Wailua Wastewater facility at the
COUNCIL MEETING 49 SEPTEMBER 5, 2012
entrance of the Wailua Houselots subdivision and to include an anticipated
timeline to correct the problem,"
Mr. Kuali`i moved for approval of the report, seconded by Mr. Chang, and
unanimously carried.
FINANCE/PARKS & RECREATION/PUBLIC WORKS PROGRAMS COMMITTEE
REPORT:
A report (No. CR-FPP 2012-11) submitted by the Finance/Parks &
Recreation/Public Works Programs Committee, recommending that the following be
approved on second and final reading:
"Bill No. 2440 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED RELATING
TO REAL PROPERTY TAX,"
Mr. Rapozo moved for approval of the report, seconded by Mr. Chang, and
unanimously carried. (See later for Bill No. 2440.)
COMMITTEE OF THE WHOLE REPORT:
A report (No. CR-COW 2012-18) submitted by the Committee of the Whole,
recommending that the following be received for the record:
"Bill No. 2438 — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 3 OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE REPRESENTATION OF CLIENTS WITH
CONFLICTING INTERESTS BY THE OFFICE OF THE COUNTY
ATTORNEY,"
Mr. approval Rapozo moved for a
p pp l of the e report, seconded by Mr. Chang, and
unanimously carried. (See later for Bill No. 2438.)
A report (No. CR-COW 2012-19) submitted by the Committee of the Whole
P ) Y Whole,
recommending that the following be approved on second and final reading:
"Bill No. 2441 — AN ORDINANCE AMENDING ORDINANCE
NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE
FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING
THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL,
HIGHWAY, AND SEWER FUNDS,"
Mr. Rapozo moved for approval of the report, seconded by Mr. Chang, and
unanimously carried. (See later for Bill No. 2441.)
A report (No. CR-COW 2012-20) submitted by the Committee of the Whole,
recommending that the following be approved on second and final reading:
"Bill No. 2442 — AN ORDINANCE AMENDING ORDINANCE
NO. B-2012-737, AS AMENDED, RELATING TO THE CAPITAL BUDGET
OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE
COUNCIL MEETING 50 SEPTEMBER 5, 2012
SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL,
BOND, AND SEWER TRUST FUNDS,"
Mr. Rapozo moved for approval of the report, seconded by Mr. Chang, and
unanimously carried. (See later for Bill No. 2442.)
There being no objections, the rules were suspended.
EXECUTIVE SESSION:
ALFRED CASTILLO, JR., County Attorney: Good afternoon, Council
Chair and Councilmembers. Al Castillo, County Attorney.
ES-570 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), (6) and (8),
and Kauai County Charter section 3.07(E), the purpose of this executive
session is to provide the Council with a briefing on Kaua'i Police Commission,
et al. vs. Bernard P. Carvalho, Jr., in his official capacity as the Mayor of the
County of Kaua'i, Civil No. 12-1-0229 (Fifth Circuit Court), and related
matters. This briefing and consultation involves consideration of the powers,
duties, privileges, immunities and/or liabilities of the Council and the County
as they relate to this agenda item.
Chair Furfaro: Let us go into Executive Session.
The meeting was called back to order, and proceeded as follows:
Mr. Rapozo moved to convene in Executive Session at 2:00 p.m., as
recommended by the County Attorney, seconded by Mr. Chang, and
carried by the following vote:
FOR EXECUTIVE SESSION: Bynum, Chang, Kuali`i, Nakamura, TOTAL-7
Rapozo, Yukimura, Furfaro
AGAINST EXECUTIVE SESSION: None. TOTAL-0
EXCUSED & NOT VOTING: None. TOTAL-0
Chair Furfaro: I would like to indicate that we will come back to
an Open Session after we finish this item. I would like to indicate to the staff if
someone from Housing comes, have them stay. Okay? Do not send them across the
street another time. We have a public hearing at 2:30. So let us go into Executive
Session and then have testimony on the skateboard park at 2:30. Okay? We are
going into Executive Session.
There being no objection, the meeting was recessed at 2:00 p.m.
The meeting reconvened at 2:30 p.m., and proceeded as follows:
C 2012-365 Request (08/29/2012) from the Office of the County Attorney for
authorization to expend up to $20,000 for special counsel's continued representation
of the Kaua`i Police Commission and the Kaua`i Police Commission Members, in
their official capacity, in Kaua`i Police Commission, et al. vs. Bernard P. Carvalho,
Jr., in his official capacity as the Mayor of the County of Kaua`i, Civil No. 12-1-0229
(Fifth Circuit Court), and related matters.
III
COUNCIL MEETING 51 SEPTEMBER 5, 2012
Chair Furfaro: Okay. We are back from our Executive Session and
Jennifer, I would like you to introduce yourself. I will suspend the rules.
There being no objections, the rules were suspended.
JENNIFER WINN, Deputy County Attorney: Deputy County Attorney,
Jennifer Winn. The Office of the County Attorney, on behalf of the of the Kaua`i
Police Commission is requesting an additional $20,000.00 for its special counsel to
continue representing them in the declaratory action that is pending right now in
order to resolve the issue of who has disciplinary power of the Chief of Police.
Chair Furfaro: Members, you have any questions as presented? If
not, thank you very much. Do I have a motion to approve?
The meeting was called back to order, and proceeded as follows:
Mr. Kuali`i moved to approve C 2012-365, seconded by Ms. Yukimura.
Chair Furfaro: Thank you, this will be a roll call vote, Mr. Clerk.
Before I get there, I will see if anyone has any further comments. You are excused,
Jennifer. Any members have any comments? Vice-Chair Yukimura?
Ms. Yukimura: It seems like a lot of money to add another
$20,000.00, but I also think that we need a clear ruling from the courts as to this
problem, which has really divided our community, divided our County and so I
think it is important to get a full hearing, both sides well-represented, and then a
court ruling that will hopefully settle the matter. I am going to be voting for that.
Chair Furfaro: Councilmember Nakamura?
Ms. Nakamura: I too will be supporting this. While the legal
proceedings are going on I would like to ask for a briefing back from the Mayor and
Paula Morikami, Executive Assistant to the Mayor representing Boards and
Commissions, to give us an update to establish a communications protocol between
the County Attorneys, Mayor's Office and the Police Commission. We made the
request in writing in May 3, 2012 and would like to get an update on their progress.
Chair Furfaro: Okay. Jennifer, may I ask you to come back up for
a moment, please? I know you heard the request from Councilwoman Nakamura.
There being no objections, the rules were suspended.
Ms. Winn: Yes, Sir.
Chair Furfaro: The statement was communicated from me as
Chair, asking that this happens. I would also assume that any discussions that
they have in getting to an understanding would probably be done in Executive
Session. So would you make certain that this request is shared with the County
Attorney.
Ms. Winn: I will.
Chair Furfaro: And that we get an opportunity to post it
accordingly for the briefing.
COUNCIL MEETING 52 SEPTEMBER 5, 2012
Ms. Winn: Okay.
Chair Furfaro: Thank you. Any further discussion, if not, I will
call for a roll call vote.
The meeting was called back to order, and proceeded as follows:
FOR APPROVAL: Bynum, Chang, Kuali`i, Nakamura, TOTAL-7,
Rapozo, Yukimura, Furfaro
AGAINST APPROVAL: None TOTAL-0,
EXCUSED & NOT VOTING: None TOTAL-0.
Chair Furfaro: Thank you very much. Let us go to our next item
y y g to
here, people have we although h h
g p pet that we postponed our meeting until 2:30, I am going
to try to finish up with the Housing Director, since he is back over.
LEGAL DOCUMENT:
C 2012-366 Communication (08/30/2012) from the Housing Director,
recommending Council approval of the Grant of Easement from the County of
Kaua`i and Paanau Village Partners LP to the Board of Water Supply, County of
Kaua`i, for a Paanau Village Phase 2 water meter project. (TMK: (4) 2-6-015:020)
• Grant of Easement for TMK: (4) 2-6-015:020
Mr. Kuali`i moved to approve C 2012-366, seconded by Ms. Yukimura.
Chair Furfaro: Thank you for your third trip over today, but we
are trying to be more coordinated going forward internally. Would you like to
comment on this item?
There being no objections, the rules were suspended.
KAMUELA COBB-ADAMS: Kamuela Cobb-Adams, and just
wanted to thank you for approving it. We have close to 50 people living in Pa'anau
Village right now. It is a great project and that water meter is essential. So thank
you very much.
Chair Furfaro: Any questions for the Director of Housing? Thank
you very much. Any other testimony on the Housing item? If not, I will call the
meeting back to order.
There being no objections, the meeting was called back to order, and proceeded as
follows:
Chair Furfaro: We will do a roll call vote.
COUNCIL MEETING 53 SEPTEMBER 5, 2012
The motion for approval of C 2012-366 was then put, and carried by the following
vote:
FOR APPROVAL: Bynum, Chang, Kuali`i, Nakamura, TOTAL-7,
Rapozo, Yukimura, Furfaro
AGAINST APPROVAL: None TOTAL-0,
EXCUSED & NOT VOTING: None TOTAL-0.
COMMUNICATIONS:
C 2012-360 Communication (08/22/2012) from the Director of Parks and
Recreation, requesting agenda time to brief the Council on the plans for a Skate
Park in Lihu`e.
Mr. Rapozo moved to receive C 2012-360 for the record, seconded by
Ms. Yukimura.
Chair Furfaro: There is a motion and a second. Lenny, the rules
are suspended and I will give you the floor to make your presentation.
There being no objections, the rules were suspended.
Mr. L. Rapozo: Thank you, Council Chair, and good afternoon. For
the record, Director of Parks and Recreation Lenny Rapozo. Being that this is an
update, and not a report, I have a presentation for you, but I did not bring any
handouts. I am going to ask these three gentlemen to come sit up here as soon as
my presentation is done. They can give their input on our skate parks. You want to
join me up here, gentlemen?
JERRICK CENTENO: My name is Jerrick Centeno and I go to Kaua`i
High and I believe I kind of complained about this, not complained, but I brought it
to people's eyes, I guess, maybe around 2008. But then people were still, like, I
guess the Council and stuff kept on switching, so it never really came intact
until 2010.
TODD ANDERSON: Hi. My name is Todd Anderson and I sit on the
board of The Kaua`i State `Ghana. It is an all-volunteer, non-profit organization
and our goal is to enrich the youth of Kaua`i's lives through skateboarding.
ED JUSTICE: I am Ed Justice, and my wife and I own the
bookstore "Talk Story" in Hanapepe. We had community members, or young kids,
approach us who were skateboarders, and they said they wanted to have a really
cool place to skateboard and nothing was happening, so my wife and I approached
Lenny in 2010 and have been working with him, Kaua`i Skate `Ohana, and Jerrick's
friends and everybody. Thank you.
Mr. L. Rapozo: Back in February of 2010, as Ed had said earlier,
but just alluded to, he came in contact with Parks and Recreation and he proposed
that we work in partnership to build a skate park in the Hanapepe area to provide a
safe place for kids to ride their skateboards. Mr. Justice suggested that the
partnership of the County and the Lion's Club for which he is a member of. The
County could provide the land and the Lion's Club would try to find the consultants
to design the skate park and take the lead in the construction. At the time,
Mr. Justice did tell me that what was happening is that the kids were riding all
COUNCIL MEETING 54 SEPTEMBER 5, 2012
through Hanapepe Town on their skateboards and did not have a place to do their
riding. So he felt there was a need and he came to us to see what our take was and
what we could do. July of that same year, I met Jerrick, and he approached me and
he told me that he and his friends were getting in trouble for riding skateboards
around Lihu`e town—in trouble with the Police Department. I suggested to Jerrick
that we will do a meeting and you will round up all whoever your skateboarder
friends are and at this meeting, let us have a discussion about it. The meeting
happened in August of 2010. At this first meeting with the Lihu`e skateboarders,
we held it down at the former or temporary County Council Chambers down in
Nawiliwili and there were about 17 in attendance, and it was determined there is a
need for facilities to address this sport. At the meeting, I asked the boys and girls,
any of you play football? Any of you play baseball? Any of you play basketball?
Any of you fish? Interestingly, I did not realize that none of them did that. All they
do is ride skateboards. It was very apparent there is a need for such a facility,
because we felt that we needed to do something for this segment of our community.
The goal is to build a facility to support 20 to 25 skaters at any one time, and the
County would look for different parks in Lihu`e for potential sites. At this point,
mind you, we have Ed in Hanapepe and I have Jerrick in Lihu`e, which are separate
tracks; right? We are just being made aware of these.
When we talked to Jerrick and the boys, I told them that I am not a skater,
and I do not pretend to know what skaters like. So they would have to provide the
input in the design of a skate park what they would like to see in a skate park, and
Jerrick, I made him the representative of this group since he came forward and he
made an initiative, it was only obvious that he has shown the leadership to bring
this issue to light. It made sense for him to be the representative. The skaters will
help in facilitating the creation of this facility and the skaters would help with the
public meeting notifications, community information meetings, and construction of
the facility, self-policing of the facility, and educating the skateboard community of
the rules and the safe operation of the skating in the park. This section here has
been made known to not only the Lihu`e kids, but with Ed and talking with the
Hanapepe kids. That is one of our expectations that when we finish this facility, it
will not just be a facility for them to use, they will have to take ownership and
provide help in when we do the public meetings to be there to help us educate the
community. Also to help with the public meetings, and when the construction of the
facility, maybe not to physically do the construction, they may not have the
technical knowledge to do it, but they can be there doing other things in the process.
Once it is built, they will be responsible for helping to self-police the facility,
keeping it clean, maintained, and educating those that use the facility as to what
are the proper operations or uses of that skate park. It is our intent and hope that
it will also build ownership within the users of this particular facility.
In September of the same year, I put together, for the sake of a better term,
"married" The Kaua`i `Ohana. That is when I met Todd guys. Interestingly, they
were at the County Fair that year, with a half-pipe by the baseball field and it was
interesting. I went there and I put my name on the list and met Todd. We put this
non-profit organization and put them together with Jerrick's group and their motto
is enriching life through skateboarding. K.S.O. was to help in the creation of the
skate parks, not just only in Lihu`e, but they are interested and willing to help
promote skateboarding all over the island. This is where it all started. It was
apparent that we needed to be a united group with Ed's group, the Lihu`e group,
and so we have completely put this activity, made it an island wide activity. Ed's
group, which had started a little bit before Jerrick's group, they provided some
design sketches to be used for the community outreach. He—this is what was—this
COUNCIL MEETING 55 SEPTEMBER 5, 2012
is what came up. Now these are just sketches that need to be transformed into
conceptual designs and actual construction designs, but this is kind of what the
feedback was of what the kids in the Hanapepe area wanted to see in their skate
park. Ed got someone within I guess the Lion's group to help to draw this out. It is
like a plot plan. It involved the different conceptual designs that they wanted here
into this plot plan.
Mr. Justice: That was drawn by Roy Buduan from Hanapepe.
Mr. L. Rapozo: These are just some of the rough drawings of what
these features would be like. So this was all hand drawings. So we need it to be for
possible sites in the Hanapepe to `Ele`ele area. We looked at these particular sites
for the possibility of the skate park. We have Hanapepe Town Park in the middle of
Hanapepe town, Hanapepe Heights Park, which is above Moi Road, and `Ele`ele
Nani Park, and Hanapepe Stadium. The Hanapepe Town Park it appears is too
small, as well as some of the other activities that goes on in the park. It would
make a skate park in this particular one, or this activity to be very difficult to have
going on. They have some community events in there that involves the mobile stage
and they have other different activities. This was apparent that although the
location looked to be right, it did not have the right amount of park space for it.
Hanapepe Heights Park poses a challenge for the kids to access, as well as the
surrounding homes of the park. The `Ele`ele Nani Park appeared to be one of the
most logical sites because the users most likely attend the nearby school, but we ran
into some community resistance when we started to do the outreach that made for
this location too difficult for acceptance. So we looked at the Hanapepe Stadium
complex location, which would not have too much effect on homes nearby. There
are some homes along the riverside, but there is a buffer zone where we are
proposing to have the skate park. There will be impact to the current complex and
its users, because currently soccer is being played there. But it is nothing that we
believe could not be worked out. The kids would have to find their own way to the
site, meaning from Hanapepe Town, across Kaumuali`i to get to this site. We did an
outreach at Hanapepe Neighborhood Center with some favorable results. It was an
information meeting. Some people came to question. We answered their questions.
Recently, I have been made aware of that some in the soccer community have some
concerns as to where we are going to be placing this park. So we need to do more
outreach with the soccer community in Hanapepe and I am making those
arrangements as we speak.
g p
This is part of the master plan and this is where the proposed skate park is.
Which would be—this is the tennis court. This is the pavilion. This is that road,
the backroad that goes into the Hanapepe stadium complex and this corner here.
There is talk of possible walking path, multi-use path going right here, where there
is sufficient room here to allow it here from the road right-of-way. As I mentioned,
the soccer community had some concerns because it would impact soccer, but in
talking with some of our planners and discussing it, this is an approximately
100x100-feet facility that we are looking at. We could still move some of the soccer
goals this way towards the baseball field and be out of the infield of the baseball
field and still be able to play some of the soccer games here. The homes that could
be impacted are here along the river. So there is somewhat of a buffer here,
between here and this distance. Right now the current plan is to possibly have the
skate park here in this Hanapepe area. You have met Kaua`i Skate `Ohana, Todd
Anderson, but the board is Mark Cooper and Dustin McConnell. They joined the
Hanapepe project. The conceptual drawings need to be made to scale and provide a
better understanding of the features of skate park. K.S.O. introduced Danny Way,
COUNCIL MEETING 56 SEPTEMBER 5, 2012
who is a professional skateboarder and resident of Kaua`i. Danny has committed to
the project and will provide the technical knowledge and expertise to move this
project. If you guys were to Google who Danny Way is, I guess the best way to
describe Danny Way, he has been described to me as being the Michael Jordan of
skateboarding. So he is willing to help us with the design and construction. Like
any athlete, they want to see their sport grow and they want to promote their sport.
Who is Danny Way? This is Danny Way. What is this jump? He now holds the
world record in the longest jump. He jumped The Great Wall of China. This is the
Great Wall of China, and this is the ramp he used to do that. I forgot how many
feet that was. He now holds the record. It is nuts. We believe he has the technical
knowledge to help with this project and he is committed to helping with the project.
In the Lihu`e area, we looked at these different parks. They are the Hokulei
Park, Nawiliwili Park, the Puhi Park fronting the highway, the area next to
Y.M.C.A., and Vidinha Stadium. The Hokulei Park and Puhi park was not chosen
because of the proximity of the surrounding homes. The Hail-lei Park is the one
right in the middle of that Hokulei Subdivision. The Puhi Park is the old park
fronting the highway. Nawiliwili Park, we felt was not suitable due to the current
use by the community. We have K.Y.F. football practices there and other events
that go on in the park. Just the location, we felt it was not a good place for it. The
last two possible sites, the area next to the Y.M.C.A. or Vidinha Stadium Complex
as it was also identified in the master plan. So it was decided upon this area at
Vidinha Stadium, which is again 100x100 would be the area for the skate park in
Lihu`e. In relation to looking at where this particular place is, this is Kaua`i
Collision and this is right across the street from Kaua`i Collision, where we have the
overflow parking or the little basin area. This would be the general area of where
we want to put the skate park. Again we said we determined that to be the best
place.
So our group, the four of us, and some others from Skate `Ohana, we were
fortunate that Danny Way was here about three weeks ago. We met with him up at
his property and we wanted to just be very clear what the roles were. Up until this
point, we met with Danny Way's representatives, his manager, the person who
takes care of his place here, and they are all skateboarders who want to do this for
the kids of Kauai. The County would provide the land and funding to purchase
construction materials. Mr. Way has committed and has already started with his
group to fundraise to help about construction labor and other costs and provide the
final designs of the skate park using the people in his organization. Kaua`i Skate
`Ohana will be the non-profit to apply for the grant from the County and to head the
construction and design of the skate parks. They will be the non-profit umbrella
organization. Mr. Justice will take the lead and follow up in the Hanapepe project.
Jerrick will continue to ensure that this project meets the expectations and that it
will be user-friendly for all of the stakeholders who want to use the park. We
continue to consult with Mr. Way's group to complete the design of the Hanapepe
and Lihu`e skate parks. Each skate park will have its own features and by that, I
mean in Hanapepe, we showed what Hanapepe will have. In Lihu`e, we would not
replicate the same features, but they would have some other features for the Lihu`e
one. If you wanted to skate a particular feature that is offered in Lihu`e, you come
to Lihu`e. If you want to skate a particular feature in Hanapepe, you go to
Hanapepe and skate there.
The Kaua`i Skate `Ghana is considering an information day when the design
is complete to get the reaction of the community. So we will continue to do
community outreach. When we get the designs ready and completed, we have
COUNCIL MEETING 57 SEPTEMBER 5, 2012
talked about having something at the park where we invite the community in and
do some community awareness and they can come and they can give us their input.
Other skateboarders can come and give us their input, and taking all of this input,
we would make decisions that need to be made at that time. Also, through the
Mayor's community meetings, Waimea and Kekaha communities have also
expressed interest in skate parks. However, no further plans or commitments have
been made until we get this Hanapepe and Lihu`e parks completed. And using this
as the template model that we can expand to not only Waimea and Kekaha, but find
places on the north shore or another place on Kapa`a, we could also do similar
things in those areas, or even in Anahola or whatever community wanted to do it.
In Kekaha, through our master plan meeting, it has been proposed that the skate
park would be here. Currently it is just a proposal. I know there might be concerns
with the residents here. Like I said, it is in the master plan that the Kekaha
community wants a skate park and probably in this area here, but no final plans
have been made as to its location. Our department of Parks & Recreation is
committed to work with all parties to fulfill the need for a venue for another
recreational activity for Kaua`i's youth and the "young at heart." I say "the young at
heart," because Todd and his guys may be out of high school, but they all skate and
that blows me away, because they are the young at heart. So again, this is Jerrick,
Ed, and Todd. At this time I will open up for questions and answers or hear them
speak first. I will leave it to the pleasure of the Chair.
Chair Furfaro: I will speak and pose a few questions first. So
Lenny, of the potential five skateboard parks, we had land assets identified for
three of them?
Mr. L. Rapozo: There are two skateboard parks right now, Chair.
Chair Furfaro: I understand you are talking about Hanapepe and
Lihu`e.
Mr. L. Rapozo: Yes.
Chair Furfaro: Your presentation said it encompassed other areas
where we could put additional skateboard parks. Right now, if we were to move on
only the land element, what sites do we have land for?
Mr. L. Rapozo: We looked at five sites for the park in Lihu`e but
the one that we determined to be the most appropriate was at Vidinha Stadium.
For Hanapepe,e e we looked at four land sites and the e one we felt most appropriate
ro riate
was at Hanapepe Stadium.
Chair Furfaro: So in Vidinha and Hanapepe, when we talk about
the land asset component, you are comfortable and we have that covered?
Mr. L. Rapozo: Yes.
Chair Furfaro: Okay. Now within the budgetary guidelines, and I
want to make sure that the gentlemen here who came and spoke understand, and I
have been on the Council kind of a long time; we provide money that is in the C.I.P.,
but they need to realize it is not then the Council that authorizes the spending. It is
the Administration of the Parks Department and so within our Parks Trust Funds,
we have significant money with the exception of Waimea.
COUNCIL MEETING 58 SEPTEMBER 5, 2012
Mr. L. Rapozo: Yes.
Chair Furfaro: I am trying to line up the money and the land to
see which will determine the priority of where we could put the parks. It is—we are
about $2.5 million in the total Park Trust Fund between the district where money is
available. Is the Administration merging the land asset that we have with the
districts that have money to actually determine the priority and have you presented
that to the association?
Mr. L. Rapozo: No, we had looked at the land asset as being the
most appropriate for the activity with the less impact to the surrounding
community as being in the priority. The finances, we really will not have an exact
idea until after the concept drawings and designs are completed to figure out what
we need. They did present possible numbers but we really do not know the
numbers until we see what the actual designs are.
Chair Furfaro: Is this a one design fits all parks?
Mr. L. Rapozo: No. As I had mentioned, we had talked about
different features for different parks. So it would be unique to that area. It is their
hope, and their dream is to have tournaments, competitions amongst kids, amongst
adults, so each park facility would have its own specific features.
Chair Furfaro: Would that then require—it is like surfing, I mean,
you go to Chun's Reef break and Sunset, right on down the line. But it is terrific
from what I have seen of conceptual sketches and so forth. But in the long run, if
we are doing two or three parks first are we talking about volunteer design for all of
these?
Mr. L. Rapozo: That is our understanding with the Danny Way
group.
Chair Furfaro: Do you have any contingency plans for any
potential contribution to the design?
Mr. L. Rapozo: Danny Way is committed to fundraising some
moneys from our meeting...
Chair Furfaro: On that question, we have to take a tape change.
There being no objection, the meeting recessed at 3:04 p.m.
The meeting reconvened at 3:10 p.m., and proceeded as follows:
Chair Furfaro: Okay. We are back from the tape change, and
members, I am just trying to ask these questions so that we have a clear picture of
the requirements of these potential assets. The gentleman who is offering these
design elements, will he be... are we certain enough that he will place a value on
them?
Mr. L. Rapozo: Yes, he will.
Chair Furfaro: And speak to the Council?
COUNCIL MEETING 59 SEPTEMBER 5, 2012
Mr. L. Rapozo: Yes, definitely.
Chair Furfaro: As to the gifted amount of the design?
Mr. L. Rapozo: Yes, definitely. Any other costs, moneys will be
raised by that group, as well as this group here, Skate `Ghana group.
Chair Furfaro: I want to make sure I clearly hear what you are
saying and the group is saying, because it sounds like at this point, other than
the 2.5 million that we have in the various Park Trust Funds, there is not a land
item that we need to negotiate. There is not a design cost because this might be a
complimentary (pro bono) and whatever materials we do need can be used in the
existing Park Trust Funds, including, money that might be available from profit
centers that the County has through the Parks Department. That is where we are
at, Lenny?
Mr. L. Rapozo: Yes. And as other costs, as I said, I know Mr. Way
has been raising—he has committed a lot of money so far that he has raised
through different sponsorships that sponsors him and wants to be part of this
activity. They think it is a great community activity, especially since he lives on
Kauai. And these guys have also taken it upon themselves to go ahead and write
for grants as well, and maybe they can say something.
Chair Furfaro: I know you know where you are coming from, and I
am asking this in front of the group at this particular time, there is no additional
financial seed money that the parks needs?
Mr. L. Rapozo: Yes, at this current time.
Chair Furfaro: There are no additional seed money needed at this
time?
Mr. L. Rapozo: Yes.
Chair Furfaro: Okay. Thank you for the presentation. I will go to
the Councilmembers with questions, and any of the guests, if you have part of the
answer, just let us recognize you and you can respond. Mr. Chang.
Mr. Chang Thank you, Chairman. Fellows, thanks for coming.
First, I have a question for Lenny. So the Hanapepe and specifically the Lihu`e site
location, for both you mentioned that the skate park can work 100x100, but like in
Hanapepe's case you moved out the soccer a bit. Can 150x150 work?
Mr. L. Rapozo: Yes, it could work. But we felt that that was
appropriate because actually the drawings that we showed were like 80x100. So we
are putting aside 100x100 as the space in which the designers can work with.
Mr. Chang: Do we plan to have lights? Is this a night activity
or strictly day?
Mr. L. Rapozo: As part of our discussion, we talked about
skateboard rules and came up with some of them. That is part of the users, the kids
ensuring that we do not have problems and I am sure we will not but the general
COUNCIL MEETING 60 SEPTEMBER 5, 2012
knowledge of putting up the rules of skate park. It is open from this time to that
time.
Mr. Chang: So it is good with Jerrick's leadership, when we
start the rules, it is enforced and they kind of verbally police it?
Mr. L. Rapozo: Yes.
Mr. Chang: So what do they say—if you build it they will come?
If we build it, who will come? How many? Is there a ton of kids?
Mr. L. Rapozo: Yes, a ton.
Mr. Anderson: Our organization just finished two skateboard
ramps up on the North Shore at the Anaina Hou where the mini golf is, and we
have been pleasantly surprised—there are about 40 kids a day that uses that
facilities. There are two skateboard ramps and it exceeded our expectation. It is
kind of hard to tell how many skateboarders you have in your community because
they really do not have a place to do it, so they are usually doing it in a place and
hiding out so they do not get in trouble. If you build a skate park, you will be
amazed how many kids will be there every day. It is really hard to put a number on
it right now of how many kids there are that skateboard than you would imagine,
and like I said, you never really see them because they will find a place where no
one will hassle them.
Mr. Chang: When you first helped out the design or build and
what have you — you used to skate quite a bit but now you cannot because there are
a lot of kids?
Mr. Anderson: Yes, with the ramps that we just built, that is a
good point. We put the ramps up and I drive by and many times it is so crowded, I
have not really skated that much which is great. If we build some parks, you will be
amazed. The Kapa'a Park is used quite a bit for being such a small facility and if
we have some really nice world class parks, I think we will have a lot of kids
skateboarding. In our organization, the whole idea is to do events and contests and
it does not necessarily have to be a contest but an event, and Jerrick plays music,
and just have a fun event where all the young people come and have a good time.
North Shore, for example, is there a bus stop there?
Mr. Chang: p p
Is it convenient for the kids to...
Chair Furfaro: Yes, there is a bus stop there.
Mr. Anderson: Yes, there is. That is always a good thing to have
a bus stop close by. The Hanapepe one would be great because the kids can come
out from Kekaha and real easily on the bus, and so I think that is an awesome
location as well.
Mr. Chang: On a safety note — skateboarding... you do not
require a helmet for skateboarding?
Mr. Anderson: It is up to the user and the parents of the user. It
is kind of like any other activity, the kids that are under eighteen, it is somewhat
the parents' responsibility to decide how they want their kids to... in our
COUNCIL MEETING 61 SEPTEMBER 5, 2012
organization, we definitely promote the use of pads, especially for the young ones.
We just did an event at Wilcox, they had the kids bikes and safety event to get a
bunch of free skateboarding lessons and we put pads on all the kids. Yes, that is
what we want to promote. One more note and I will let someone else talk, but our
experience with the North Shore park so far has been really good with the
self-policing and that is the kind of message we put out there like, "this is a
privilege to have this and the fact that Bill and June Porter are allowing us on their
property with this activity is really an honor," and we tell the kids that. Whenever
I go to the property there might be one piece of trash on the ground, but the ramps
are totally clean, and I talked to the landscaper on the property and he said they
are doing a great job on keeping it clean and everyone is getting along really well. I
think if we build a quality facility and let the kids know that the community is
behind them then they will take pride in it. If we build something that is low key,
they will just let it be. That is our goal as an organization is to make these kids feel
like the community really wants them to excel in their dreams. Skateboarding can
take you all over the world, can give you a career, you can do filming, all sorts of
things. I know on Kaua`i, people are not that aware of how big skateboarding has
become but it is really — it is main stream and all the opportunities are there for
these kids to do. That is what our whole goal is —to give these kids an opportunity.
Chair Furfaro: Before we go any further, just to practice within
our own rules, I will let each of you speak first, okay, you will get three minutes to
talk about your endorsement for the park. When we go around, we will actually
pose questions for you and if you could keep your response to that question, that is
how we need to do it because we can go on with narrative for a very long time.
Which of you would like to go first and give testimony about your commitment and
your association with the club? Who would like to go first?
Mr. Centeno: I represent all my friends that skateboard and all
the kids who are too scared to come up and talk and do not know how to talk, I
guess. Like I said, I started skateboarding back in 2005 or 2006 and nothing has
really progressed besides people's skills and stuff, and the way progress happens is
if they watch skate videos or they go out to some street spot and progress there.
But we are always getting kicked out. For instance, the reason why I brought it up
to Ms. Yukimura or Ms. Kawahara is because we got caught by DMV for
skateboarding around early 2008 and it was pretty harsh. We had seven policeman
finger printed us and stuff and that was probably the most serious thing that
happened. That is the reason why I got motivated to bring this up because we
really do not have anywhere to go. The skate park down at Po`ipu got closed out —
they took it out, the Kapa'a one is not really functional, it is really nothing. There is
one on the base in Mana but you have to have military ID and access, and besides
that there is no really other place to go, so that is why I got motivated to bring this
up.
Mr. Justice: My wife and I got involved with the making of the
Hanapep5 Skateboard Park back in... I guess my wife conceived it in 2009 because
we have a lot of young people that come and hang out in front of our store. They
will also play music in front of the store on Friday nights and a lot of them are
skateboarders and one of their major complaints were that they did not have good
places to skate, just like Jerrick is saying, "Kapa'a Skate Park is barely passable as
a skate park," it ends up being a BMX park. As Lenny pointed out, I met with him
and got to talking with him about how we can get involved, but I think no matter
where you put a skate park, kids from across the island are going to come to that
skate park, they are going to ride the bus to get there, and I am sure that a lot of
COUNCIL MEETING 62 SEPTEMBER 5, 2012
the kids that come out to the North shore ramp are probably from all over Kaua`i
just because they know there is a ramp to skate. They spend their whole weekends
going to places to find places to skate. I think ultimately, it is just in the benefit of
the community and the County and also our youth that we will have this
opportunity to experience something they could have only dreamed of here on this
island, and now thanks from help of the community and help from the County, we
are actually all working together to make something great for everybody. I am
thrilled to be able to have this opportunity to assist and looking forward to assisting
more.
TODD ANDERSON: It is an honor to be a part of this and I am really
looking forward to just making some cool things and I think people are going to
really see how awesome a skateboard park once we have some. I know a lot of
people have reservations about it but ultimately once the park is actually there,
they are usually like, "this is amazing." They love watching the kids progress and
help each other and whatnot, so thanks for having us here, and aloha.
Chair Furfaro: First of all, let me tell you, we are delighted that
your association has hooked up with the Director of Parks and Recreation, so that
we are all very clear the Council's role is obviously the oversight of County assets,
but should funding be required and of course land acquisitions, that is the role of
the Council. The design element, the funding, the fundraising — those components
come under the Administration and you got the right man with Lenny, and let me
compliment you for working together as an association. That is the series of
questions I asked is, "what else can the Council do for right now," because I think
all the moving parts are in the hands of the Director of Parks and Recreation and
we are certainly there to kokua, but it sounds like working with Lenny, you folks
are well on your way.
Ms. Yukimura: I want to just commend Parks for your commitment
to this project. It has been a long standing need and I actually want to acknowledge
Jerrick's mom who wrote a letter to the editor, I think it must have been in 2007,
explaining the plight of young people. I also want to acknowledge former
Councilmember Kawahara who I think introduced you too, right?
Mr. L. Rapozo: Actually, Jerrick came to me with his mom.
Ms. Yukimura: Very good. I know that there was this very small
interest, but without the commitment of the Parks Department, and that is what is
so exciting, then to have the Kaua`i Skate `Ohana be involved, you are really pulling
all the resources together, and Ed, your commitment with your wife to meet some of
the needs of the young people on the Westside is really a wonderful thing. It is very
exciting to see this movement. I just had a couple of questions on the size. Todd,
you mentioned a world class facility, is 100x100 the size for a world class facility?
Mr. Anderson: Depending on the size of the community. For
Hanapepe 100x100 is appropriate and it could always be a little bigger of course but
it is not so much the size as it is the design, and that is what we are excited that
Mr. Way is going to bring into the picture because I know anything that he and his
group brings is going to be... are going to blow our minds kind of thing and will be
an awesome design. It is really difficult to design a good skate park and utilize all
the property correctly and have a nice flow to it.
COUNCIL MEETING 63 SEPTEMBER 5, 2012
Ms. Yukimura: It is good to have his expertise that is for sure.
Who is going to be responsible for maintaining and taking on liability?
Mr. Anderson: That will fall under the County.
Mr. L. Rapozo: With regards to liability, Councilmember
Yukimura, in May of 2010, I had asked the County Attorney what is the possible
liability, and our County Attorney Amy Esaki said, "HRS 46-72.5 County's limited
liability for skateboard activities at public skateboard parks," so I can read it to you
if you want me to.
Ms. Yukimura: The main thing is that we need to do risk
management and some of that comes in the design and then the maintenance. We
really need to be really clear who is responsible, and in the design of it, you just
want to take into account the safety issues as well as in the management of it and
the rules. It is really going to fall on those of you that are planning and designing it
and then whoever is going to be managing it and we want it... I guess we have some
experience from Kapa'a in terms of rules and management but whatever we learned
from there and apply and we might even talk to City and County which has some
skateboard facilities to see... to not reinvent the wheel. I do not know if Mr. Way
has those things covered too but sometimes it is different when it is a privately run
facility versus a publicly run one, so I think all of those issues would have to be
vetted and covered in your planning.
Mr. Anderson: I just want to say that those were one of our things
that we talked about when we designed the Hanapepe facility. We wanted to it be
safe enough for the beginner but at least interesting enough for the advanced user.
We did not want to have giant mega ramps in there or anything like that but just a
general use skate park.
Ms. Yukimura: And then your thought of having a variety at
different places as long as it is easily accessible by bus is an interesting idea. I
think you have to address this policy issue that we address in every kind of sport,
you make one in every neighborhood or do you have some regional ones that have
special characteristics and people go there for different... go to whatever regional
one, but when you think about resources both in terms of cost and materials and
then management, to me, you might want to look at regional skateboard parks.
Mr. Anderson: That actually was our intention. (inaudible)
Ms. Yukimura: Because then you can really concentrate the
resources. My other question was about the Vidinha Stadium site — can we put that
back up because it is going to be close to what we are also looking at as a major
sports and cultural facility; I believe that was part of the master plan and that was
in the design. I am just wondering about parking requirements and whether all of
this has been taken into account? I do not know what kind of parking needs are
needed for... I do see that there are parking, I do not know what the capacity is of
the large stadium but I am presuming...
Mr. L. Rapozo: Until this is complete, we envision this area to be
parking of the stadium.
Ms. Yukimura: Okay. In the cultural arena, you are not thinking
of putting football in there, you are just thinking of basketball?
COUNCIL MEETING 64 SEPTEMBER 5, 2012
Mr. L. Rapozo: Hula, basketball... multi-use.
Ms. Yukimura: Because I do not know... we started it when I was
Mayor in conceptualizing that, but I think at that time we were talking about seven
thousand to ten thousand people, but just making sure that... sometimes we just do
conceptual designs and then when we go into... and I am not talking about
conceptual design of the skateboard park, I am talking of the large arena and then
when you go into specifics, you might find you need more space and so forth. I was
just wondering whether that has been fully addressed so we are not surprised.
Chair Furfaro: We will keep that as a question later.
Mr. L. Rapozo: Alright.
Chair Furfaro: The agenda item today is the skateboard park and I
can understand the connection to the need for the parking but the arena is a future
item that will require multiple presentation for the Council.
Mr. Kuali`i: Aloha and mahalo to all of you for bein g here and
for the work that you are doing. This is very exciting and I think it is going to catch
on and it is going to end up happening in other places as well, so I look forward to
these two places happening. Council Vice Chair Yukimura pretty much asked my
question about maintenance and liability, but the other question I am curious about
and I think is your chance to tell people about it too is the Kaua`i Skate `Ohana, is it
a club, a non-profit organization, is it primarily to develop these parks, and is there
membership, is it islandwide?
Mr. Anderson: The Kaua`i Skate `Ghana is a volunteer 501 ("c")(3)
non-profit organization, and I sit on the board and am also the Treasurer.
Basically, we are a group of skateboarders and other people too that saw that there
was a need in this community. We all have seen it for a long time and this all came
together and we decided that we wanted to start pushing the ball forward on this.
Basically, we are not really an organization that wanted to build skate parks sort of
speak, it is more about outreach with the kids similar to the Boys Scout program
but through skateboarding. In order to do that we need facilities and places for the
kids to skate, so that has been the motivation. It is really just to give back to the
kids in skateboarding on this island and through that we realized that we have to
get some skate parks built first and so that is what the group is all about.
Mr. Kuali`i: So if someone wanted to join your efforts and
support you, they can just look up Kaua`i Skate `Ghana?
Mr. Anderson: Yes, Kaua`i Skate `Ohana.org is our website and it
is all inclusive. After we built the ramps on the North Shore, we had a couple
people approach us about wanting to help with the project that they are working on
over there because they want to put a cement skate park at the mini golf course.
They have a meeting tonight in fact, so we have a little group that is starting to...
Mr. Kuali`i: See you mentioned ramps on the North Shore, I
think a few weeks back I went to Kilauea Community Meeting for Anaina Hou and
they were having plans for a skate park and they showed these temporary...
Mr. Anderson: Half pipes...
COUNCIL MEETING 65 SEPTEMBER 5, 2012
Mr. Kuali`i: Is that what you are talking about? Did you guys
do that?
Mr. Anderson: We built those. We had a fundraiser at the mini
golf for skate parks and we raised enough money. In order to do something like
that, you need to buy the proper outdoor surface for the ramp because of all the
rain.
Mr. Kuali`i: Right.
Mr. Anderson: So the surface is somewhat of a p lastic so it does
not absorb water and stuff. We raised enough money to get the surface purchased
and we volunteered and built those ramps and...
Mr. Kuali`i: From what they showed, it is very popular and very
highly used.
Mr. Anderson: Yes, we felt really lucky to have the opportunity to
build something like that for the kids and we are really excited too because it is an
instant cure like the kids are skating now about ten years from now and whatnot...
because it does take time to do all the stuff of course and so we are really excited
that they gave us the opportunity to build those ramps.
Chair Furfaro: Could you state your website again, give us a post
office box, and also a phone number if you would like if for anybody interested.
Mr. Anderson: So you can reach the Kaua`i Skate `Ghana at
Kauaiskateohana.org and all of our contact information and donation information
is located on the website. Feel free to call me personally, my name is Todd
Anderson and my number is 346-0420, if you have any questions or you want to get
involved, I would be more than happy to have anyone help us out. Thank you.
Chair Furfaro: Thank you, Todd. Mr. Bynum.
Mr. Bynum: Hey Lenny, do you know what the footprint of the
Kapa'a Skate Park is? Do you know how long it has been there?
Mr. L. Rapozo: A while.
Mr. Bynum: So while you are looking that up, I drive by that
Skate Park and it has got a ton of kids always. You are right, it is not that
challenging. I have visited Skate Parks in at least a dozen communities and have
talked to their Parks & Recreation people, and they work all these issues out, it
works. The driving line seems to be is it going to be attended or unattended. If it is
unattended it may not be as elaborate, because then you cannot enforce the
elements. We learned that at Kapa`a, we tried to be rigid wearing helmets and
fence it off, but it did not work, but it is not that extensive. So we are kind of way
behind the curve on this issue, on Kaua`i. I love what you guys are doing and very
much appreciate it. I think and I hope we are looking at, and I do have questions,
and he is looking it up. It is not that important, Lenny, I was just curious.
Chair Furfaro: It was during the Kusaka Administration.
COUNCIL MEETING 66 SEPTEMBER 5, 2012
Mr. Bynum: Right. One of our youth groups at Leadership
Kaua`i did an event there, and they must have had 250 kids, and they built the
ramps bigger out of wood because we could enforce it. I just think we really need to
go on this sooner rather than later. My next question is do you have an ETA?
Mr. L. Rapozo: No, we do not.
Mr. Bynum: You had a question, Ed?
Mr. Justus: I was just going to try to answer your question. I
believe the Kapa'a Skate Park is about the size of a basketball court; it is not very
big.
Mr. Bynum: It is less than 100x100.
Mr. L. Rapozo: Definitely.
Mr. Justus: When we did the original plan for the Hanapepe
Skate Park which was, we had planned to be up in `Ele`ele, I just took the size of 2
basketball courts and put them together, so that it could be bigger than what was at
Kapa`a. Basically our timeline is going to be once we get, it is still to be determined,
but as soon as possible. Right now we are just in the process of doing the
construction plans, the overall conceptual design plans finished. Once those are
done, then we will probably have a much better idea... I also wanted to say, I forgot
to mention it, if anybody in the community or yourselves want to follow the
Hanapep5 Skate Park as it goes along, we have a Facebook page and you can go to
Facebook and type in: Hanapepe Skate Park; you can check out the history of what
has been happening, I try to update it as much as I can, as often as I can, with
information and photos.
Mr. Bynum: I remember when a young man came here to
Council during budget, and I do not think it was you, and said that surface at
Kapa`a, it is asphalt and it is lousy, and within a few months it seemed, which is
lightning speed for the County, we put down the same surface we put on the tennis
courts; it improved it dramatically. So for young people who are out there, you come
to Council and ask for stuff, you have amazing power. This is something that we
need to do and so I really appreciate, Lenny, that you have identified and there is a
lot of logic to the presentation you did. I hope Kapa'a and the North Shore...I think
we need 4 of these at least, Hanapepe, Lihue, Kapa'a and somewhere on the North
Shore.
Mr. L. Rapozo: The west side, Kekaha.
Mr. Bynum: That would be nice, too. I appreciate what you
said, because I know years ago, this was not really recreation and you were talking
about it as a sport and that it should be on equal footing with basketball and
baseball and other sports. We had that argument about motorcross and the County
now supports that activity, when we used to, way before you, kind of used to shun
it. So thank you. Thank you. Thanks for answering the question.
Chair Furfaro: Ed, you wanted to contribute something?
Mr. Justus: Yes, I just wanted to say following with what you
were saying about being a recreational sport, it is, because honestly, I do not see too
many overweight skaters.
COUNCIL MEETING 67 SEPTEMBER 5, 2012
Mr. Bynum: That is true. I just have to say, I was old-school
back in 2005. Well, I was skating when I was a kid and we did not do anything like
you guys do these days. We did not have ramps; we thought it was hot if you could
just spin around once or twice. The wheels were made of clay and if you hit a rock,
it stopped. It has come a long ways.
Chair Furfaro: Obviously Ed, you have not seen Bynum and me
skate. Lenny, too. Councilwoman Nakamura.
Ms. Nakamura: It will be very brief, but any activities that keep our
youth engaged and keep them busy, even adults, I am going to support. And I also
see a lot of new faces in this room of people who support this program, I believe. So
thank you for coming out and showing your support by being here. Finally, this type
of collaboration, getting everybody involved, all on the same page, thank you for
your leadership.
Mr. L. Rapozo: Thank you.
Chair Furfaro: Lenny, it is very much appreciated, you reaching
out to the group. I see there are several enthusiasts in the audience that might
want to come up to speak before we vote to receive this item. So on that note, I
would just like to thank you very much.
Mr. L. Rapozo: Thank you.
Chair Furfaro: I would like to thank you and the association. I
would like to see if there is anyone in the audience who would like to speak. Hold
on. I see you, JoAnn. Let me first give the floor to Councilmember Yukimura
before I excuse you and see if she has any closing comments for you.
Ms. Yukimura: Actually, Mr. Chair, I wanted to introduce the
young men in the back.
Chair Furfaro: That is what I just said, I am going to call them up,
all of them. They came all of the way from school, all of them. Do you have any
questions for this group?
Ms. Yukimura: No.
Chair Furfaro: I would like to ask the young group that came up to
came up in pairs of 3 and introduce yourself, if you could, as skateboard enthusiasts
and give the floor to Vice Chair Yukimura. Come right up. If you could start by
introducing yourself.
TRYSON: My name is Tryson and I go to Kaua`i High.
OLIVER FERRIER: My name is Oliver Ferrier and I graduated Kaua`i
High in 2008.
Chair Furfaro: How about the gentleman down at the end?
MICAH GONSALVES: My name is Micah Gonsalves and I go to Kaua`i
High.
COUNCIL MEETING 68 SEPTEMBER 5, 2012
Chair Furfaro: And for yourself?
JERALD ANCHETA: I am Jerald Ancheta and I am home-schooled at
Pacific `Ghana Academy.
Chair Furfaro: I think Councilmember Yukimura might have
something to share with you folks, especially thanking you for coming down,
especially those who got out of school for the day. Vice Chair, you have the floor.
Ms. Yukimura: Well, actually, Chair, I was just going to introduce
them from the floor, and then see if anyone wanted to testify, but you took the
leadership as you well do and got them to actually sit up front.
Chair Furfaro: We bring up all the softball players and all the
volleyball players and why not the skateboarders?
Ms. Yukimura: I just want to say in back there is Daryl Dabin and
Oliver's girlfriend, whose name I do not know.
Mr. Ferrier: Eliza Defuntorum.
Ms. Yukimura: They are all skateboarders. I met some of them at
the Convention Hall parking lot and it really is, as Councilmember Bynum said,
wonderful to have young people here to inform us of your needs and issues, and
share with us your insights and desires, so we can work with you, because as
everyone has said, skateboarding is really an amazing sport. Not having the
facilities to practice and to perform is really a disadvantage to you and to potential
skateboarders, who could really get into the sport, too. So thank you, Chair. I will
just leave it open for any of you who want to say something.
Mr. Ancheta: If I could say something?
Chair Furfaro: I can give you all 3 minutes each. Go ahead.
Mr. Ancheta: Like you said, if you build it, they will come. I
know there are a lot of people that skateboard on this island and they do not have a
place to go so that is a problem, and then there are people who would start
skateboarding, I am sure, if a park was built. So it is kind of like what happened on
O`ahu years ago, when they actually started building because they pretty much
built all of those parks at one time on O`ahu. There is a big skate scene on O`ahu
that has really taken off. The same thing could pretty much happen here. Just one
park started and then it just started growing.
Chair Furfaro: Thank you for that feedback. Anyone else in the
audience who wants to speak? Thank you very much for coming down after school.
Is there anyone else in the audience that wanted to come up. I will keep you last,
Lonnie. You always have such great comments for us. Thank you again. Anyone
else in the audience? Thank you. Lonnie?
LONNIE SYKOS: For the record Lonnie Sykos. Hats off to all of you
young skaters. Back in my day it was a 2x4 with the metal wheels off to your roller
skates and we never thought about the possibilities of doing the things that you
guys do. We were just not worried about breaking our arms going in a straight line
COUNCIL MEETING 69 SEPTEMBER 5, 2012
and what I witnessed at the Kapa'a Skate Park blows me away. It is not just a
sport, they are real athletes, this is an amazing thing.
I am here to support this. I would also like to point out for the island as a
whole, not just for the kids, in the late 1990's, I attended Maui Community College
and in one of my classes, in a marketing class, the instructor had us go through and
try and come up with ideas to create businesses of things that we felt were lacking
in our life on Maui. And so a bunch of the kids came up with the idea for skate
parks. And as they went and started and then we had to write business plans and
so what they ended up doing in our class was the kids that were really involved,
they wrote a business plan for a commercial park. And then from that idea went to
the County Council and solicited the genesis of creating skate parks on Maui. Skate
parks, I was amazed to see it is a huge industry. It is like people spend more money
at a skate park than they do at Six Flags, dropping their kids off for a day. It is
huge. Mr. Way, I believe, I do not know him personally, but I know the people of
that level in the industry. They are not comparable to Michael Jordan. Michael
Jordan just played basketball, they are comparable to Jack Nicklaus, Nicklaus was
an extraordinary golfer who went on to an entirely new career of building and
designing golf courses. So what is available to them through their world of skating
are incredibly talented people at creating skate parks. And so there is a whole
industry of them that are basically government-owned with those liabilities and use
issues. And there is an entire industry out there of privately-owned skate parks,
which is what is so exciting to me, seeing them working with Parks is oftentimes
the ability to skate is based on whether you have enough money to go to the skate
parks. But here, we have the possibility of truly creating world-class skate parks,
which will open up an entirely new sector of our local economy.
County Clerk: 3 minutes.
Mr. Sykos: Right now skating is a relatively small deal, but
over time, if there is a series of parks built, it would be very possible to generate
events on Kaua`i to bring people in who would essentially be new tourists that are
not coming to Kaua`i for the traditional beaches or whales or whatever, but an
entirely new financial opportunity for the island to serve as both skaters, as well as
the visitors that could come for skating events. So this obviously is all up in the air
today as they go through the design process. But it seems odd to put the whole
design thing into private hands. But I am confident that because of the strength of
the industry, because of the size of the skating industry, which is much bigger than
surfing, moneywise. Skateboarding is enormous compared to surfing and so
everything is out there. If they continue to do their due diligence and press forward
like they are doing, we very likely in the next few years could see skate parks that
the people and the rest of the world are envious of. So tipping my hat to you guys,
this is an awesome thing you are involved in. It is a good lesson to us adults and
thank you to the Council for your time.
Chair Furfaro: Thank you Lonnie, I would not discount Michael
Jordan too far, because he also designed shoes.
Ms. Yukimura: I also want to say, I do not think the County will
leave the design entirely to a private entity because if we are going to be responsible
for maintenance and liability, we have to make sure it is covered from the
standpoint of the holder of the risk and the management. Thank you.
The meeting was called back to order, and proceeded as follows:
COUNCIL MEETING 70 SEPTEMBER 5, 2012
Chair Furfaro: Thank you, Lonnie. If there is no one else wanting
to speak, I would like to call the meeting back to order. Lenny, on behalf of the
entire Council, let me extend to you our big mahalo for reaching out with the
organization and getting so involved that they have a point person. And may I also
say if there is an opportunity to have Mr. Way on-island, and we can put him on the
agenda, because there has to be some involvement by the County in the design
element as it was pointed out by Vice Chair Yukimura.You know, the stamp of
approval is needed, especially on the questions of liability. So that would be really
great if we could have him on the agenda next opportunity. So on that note,
Members, any further discussion before I go to receive this? Mr. Chang?
Mr. Chang: Yes, thank you, and thank you to everybody who
came here today. It was great to have this on the agenda item. I just wanted to say
a few words about self-policing and I think it makes a really great statement,
especially up in Kilauea where the youth takes care of the park. I think it is really
good and sometimes like Jerrick was saying, back in 2007 or so there were seven
police officers writing tickets or what have you. But I just think that sometimes the
youth get a bum rap. There is nothing to do. You just try to do what you want to
do, wherever you are, and I think by self-policing the area and showing adults that
you folks are very, very respectful, then I think that can set a precedent of every
park that we are at. Especially, once we are done with the skate hours and people
are gone and everybody takes respect to that. Todd was mentioning something also
about the skating industry based on the fact it can open doors for photographers or
clothing line or helmets or gloves or maybe some entrepreneur could open up a cool
skate shop with boards or what have you. That could also lead to a really good
economic boost here on this island of Kaua`i itself. I just think it is really, really
cool and I think we have plans through Ed down in Hanapepe and hopefully a faster
moving track in Kekaha. I am thinking it is such a cool deal that I wish there was
one stone that we could turn over that might be available somewhere in Lihu`e,
because it seems like it may take way too long, that maybe some other place could
be identified to fast-track it a little closer. Maybe if you folks can brainstorm and
think there is one cool place around Lihu`e, I think that would be really, really good.
I wanted to thank you folks for coming because it was a good agenda item and you
folks spoke very well for the youth. Hearing from the testimony, there are way
more skaters than we know of on this island and it would be great to have activity
for the youth here. Thank you.
Chair Furfaro: Okay. This is going to be an item for us to receive.
Is there anyone else who would like to speak before I ask to call for the vote?
Mr. Rapozo.
Mr. Rapozo: Yes, I did not speak earlier because I did not have
any questions. You put on quite a great presentation and so there were no
questions in my mind, but I do want to say thank you for being here. I used to
skateboard a long time ago. I got a few broken bones to prove it. But we used to
skate the canals in Waipahu. That was a long time ago. If you folks ever skated
canals, I think you folks are better off with skate parks. It is much safer. The only
thing that I would ask, Mr. Chair, is that we keep this on the burner to some extent
and maybe we get a timeline from parks, a conservative timeline, nothing that is too
unrealistic, but something as a Council that we can keep an eye going forward,
maybe working with the skateboard association, just so that we do not let this one
fall because I think parks has done a great job finding the space. I cannot believe
we have Mr. Way. I do not even know how he got the permission to jump The Great
COUNCIL MEETING 71 SEPTEMBER 5, 2012
Wall of China. He must be something special. As they say, "When the planets all
line up, you have to take advantage of it." It sounds like the planets are lining up,
so we have to get it down now before the planets are out of sync. Thank you,
Mr. Chair.
Chair Furfaro: I agree with you. Lenny, if we could have a ten-day
notice when Mr. Way is going to be on-island to put an agenda item to put on a
discussion, if not, we should revisit this in December. Any other members? If not,
I am going to ask for a voice call to receive.
The motion to receive C 2012-360 for the record was then put, and
unanimously carried.
Chair Furfaro: Thank you very much. Thank you all for coming.
It is very much appreciated and the update was very informative. I think we have
one more item on the agenda today and it deals with bus fares.
Chair Frufaro: Let us give them a moment to step out. We will go
to bills for first reading. Good ahead.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2446) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
BUS FARES
Mr. Kuali`i moved for passage of Proposed Draft Bill No. 2446 on first
reading, that it be ordered to print, that a public hearing thereon be
scheduled for September 26, 2012, and that it thereafter be referred to the
Housing / Transportation / Energy Conservation & Efficiency Committee,
seconded by Ms. Yukimura.
Chair Furfaro: Some of this is based on some data that we had
gotten from the students. I wanted to just hear from you about that ridership, the
use volume and the pre-fixed ticket price. Do you have anything to give us today
about that trial period?
There being no objections, the rules were suspended.
CELIA MAHIKOA, Executive on Transportation: In regards to the
bill that we have submitted for amending our current bus fare structure to allow
this program to begin, I had submitted a project summary, a final report on the
Pilot Project that we were participating in with Kaua`i Community College over the
past 11 months. Basically we had provided the enrollment ridership information
that we had and we were able to obtain during the program.
Chair Furfaro: If you could just give us some of those highlights
because we have a report, but the viewers may want to know. If you could just give
us a few highlights about ridership and any increases from your report, that would
be appreciated.
Ms. Mahikoa: Basically what we saw during the 11-month period
was an increase in ridership. We do not have exact data on that. However, we do
have an estimate of 10-15% increase in ridership during that period.
COUNCIL MEETING 72 SEPTEMBER 5, 2012
Chair Furfaro: You are not going to believe this, we have to take a
break. We are going to break.
There being no objections, the meeting recessed at 4:04 p.m.
The meeting reconvened at 4:15 p.m., and proceeded as follows:
Chair Furfaro: We are back in session, and I am passing around a
letter. I had a 4:30 meeting with the H.V.B., so I will be leaving at 4:30. Could you
give us a synopsis of this first reading. You have the floor, then we are going to go
into the last of the business which was my mistake. We only did bills for first
reading. Please give us an overview of your statistical information.
There being no objections, the rules were suspended.
CELIA MAHIKOA, Executive on Transportation: Celia Mahikoa
with the Transportation Agency, and just providing a brief synopsis of the Public
Pilot Transit Project that we participated in with Kaua`i Community College and
took place for 11 months from August 2011 through June 2012 during which time
we were providing the students of Kaua`i Community College the ability to use
public transit for paying no fares. For statistically, what we were able to obtain was
that during the project period, for those 11 months we were able to provide 30,145
trips, which we came to seeing that it was approximately 6% of our total monthly
ridership on the public transit system is what Kauai Community College students
represented for our ridership. From that we are looking at the method in which we
were to proceed with developing the discount bulk rate bus pass formula and how to
proceed with that, and in doing so, we were able to determine what the amount of
fares waived during that period were to align that with the anticipated revenue that
we would need to agree upon with Kaua`i Community College in order to achieve a
revenue-neutral result, which would be where the transit system would be carrying
no additional financial—let us see, over discounting of the fares to where it would
basically be continuing the amounts of revenue that we would be collecting by those
students who are using the system, except that the costs would be distributed
among the entire registering population for that semester. In conducting some
research with transit systems within Hawai`i, as well as throughout the nation, we
saw that a 20% rate would be what would be equitable for both K.C.C. and for the
County. That in working through the numbers, we were able to determine that that
would come to about $20.00 per semester is what we are looking at. Right now it is
all estimates that we are working with. We do not know what the actual
enrollment will be for the Spring 2013 semester, should that be the period when we
do implement this program. Basically we have been in communication with their
student government representatives. I have spoken with Chancellor Cox and they
are excited to work through the details in order to implement this program. That
would be basically helping to plant seeds of transit-friendliness and transit use with
youth on Kauai and help us with our traffic and parking situations as well as our
petroleum consumption on Kaua`i. This is basically where I am right now as far as
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just appealing for an amendment to our current bus fare structure to allow this
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ability to enter into offering the college a discount of 20% of the cost of what it
would cost to have a bus pass for 4 months of the semester.
Chair Furfaro: Excuse me, Celia, I want to point out to you, that I
certainly want to make sure that the staffing levels, the vehicle numbers, and the
fuel consumption along with repair and maintenance that was during the test
COUNCIL MEETING 73 SEPTEMBER 5, 2012
period. You need to remember that the goal here is to discount. You actually are
trying to increase the number of occupied seats on those routes. If you do a
variance and add additional bus routes, the most successful hotels run full, because
there are no empty beds. The most successful bus lines run well when every seat is
occupied because when a route goes and there is an empty seat, that potential
revenue is lost forever. The goal to give the discount is to make sure that the routes
we did during the pilot run full and not to be adding buses and so forth, because
then you have the 10 or 15 empty seats on the second bus or the expanded bus.
That is the key factor, to find out how we get as many seats occupied for the routes
we committed to in the pilot. If you deviate from them, that comparison that allows
up to a 20% discount does not exist because the bus is not a profit center for the
County. The bus is a cost center for us. I would just encourage you the first blush
is to remember what was in your study and try to follow that to get us to maximum
seat occupancy. Again, this is only first reading. I wanted to give you a moment to
share the results of that and we have a date and motion for September 23, is that
correct?
Ms. Yukimura: The 26th.
Chair Furfaro: The 26th. Let me see if there are other questions
and we will vote to get this out for public hearing. Vice-Chair Yukimura.
Ms. Yukimura: Thank you, Celia, for piloting this project, which I
think is important to the college and to the bus system. With the proposed bill, the
fares would be approximately—no, sorry. The student fees would be increased
approximately by $20.00 a semester?
Ms. Mahikoa: That is the estimate currently, yes.
Ms. Yukimura: The semester is about 3 months?
Ms. Mahikoa: Closer to 4 months.
Ms. Yukimura: Okay, four months. Normally, if a rider would be
to pay for a bus pass, that would be $25.00 per month and instead, the K.C.C. riders
who do ride would be—I mean those who ride would be getting a ride for $20.00 for
four months. Then there are the students who do not ride, but if we do not get more
people into the bus by choice, which is that they choose, we are not trying to force
anybody, then actually at some point the college will have to provide more parking,
which will then be a cost that will also be somehow and somewhere incorporated
into the fees. I am guessing that bus service will even be benefiting those students
who do not ride the bus in that respect. Is that fairly accurate?
Ms. Mahikoa: Applying logic, it would.
Ms. Yukimura: Okay. Do we know what percentage of the college
attendees or students use the bus?
Ms. Mahikoa: I do not know offhand exactly the number of riders
or the number of students who use public transit. We have trip information, but it
would be a function of number of riders times the number of weeks or numbers of
months that they use the service.
COUNCIL MEETING 74 SEPTEMBER 5, 2012
Ms, Yukimura: At some point that would be interesting
information to get; the number of trips to and from—of the number of trips to and
from the college, how many are by bus? And to see if that reflects the modal share
of the general population or if it is better. If you keep your eyes open for
opportunities to get that information, that would be good. Thank you very much.
Chair Furfaro: I would like to move that we move on and vote on
this. But I want to make sure that the posting is revisited, because what you are
posting is not a 20% discount. It is an 80% discount. So that is why I tell you not to
deviate from the schedule that you did the study on. The bus is a cost center and
this is a huge discount. Should we bear the cost of the discount of the bus or should
the State bear the cost on adding a few parking stalls? That is debatable, but let us
correct the bill. It is an 80% discount.
The motion for passage of proposed Draft Bill No. 2406 was then put, and
carried by the following vote:
FOR PASSAGE: Bynum, an g Ch Kuali`i, Nakamura, TOTAL-7,
Rapozo, Yukimura, Furfaro
AGAINST PASSAGE: None TOTAL-0,
EXCUSED & NOT VOTING: None TOTAL-0.
Proposed Draft Bill (No. 2449) – AN ORDINANCE AMENDING
ORDINANCE NO. B-2012-737, AS AMENDED, RELATING TO THE CAPITAL
BUDGET OF THE COUNTY OF KAUAI , STATE OF HAWAII , FOR THE
FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY ADDING A NEW
BUDGET PROVISO AND AMENDING AN EXISTING BUDGET PROVISO IN
THE CAPITAL BUDGET RELATING TO PROJECTS FUNDED WITH
COMMUNITY FACILITIES DISTRICT BONDS
Mr. Kuali`i moved for passage of Proposed Draft Bill No. 2449 on first
reading, that it be ordered to print, that a public hearing thereon be
scheduled for September 26, 2012, and that it thereafter be referred to the
Committee of the Whole, seconded by Ms. Yukimura.
The motion for passage of proposed Draft Bill No. 2449 was then put, and
carried by the following vote:
FOR PASSAGE: Bynum, Chang, Kuali`i, Nakamura, TOTAL-7,
Rapozo, Yukimura, Furfaro
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AGAINST PASSAGE: None TOTAL-0,
EXCUSED & NOT VOTING: None TOTAL-0.
Chair Furfaro: Thank you. Now let us go to bills for second
reading and that will complete our business for the day.
BILLS FOR SECOND READING:
Bill No. 2438 – A BILL FOR AN ORDINANCE TO AMEND CHAPTER 3
OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
REPRESENTATION OF CLIENTS WITH CONFLICTING INTERESTS BY THE
OFFICE OF THE COUNTY ATTORNEY: Mr. Bynum moved to receive Bill
No. 2438 for the record, seconded by Mr. Kuali`i, and carried by the following vote:
COUNCIL MEETING 75 SEPTEMBER 5, 2012
FOR RECEIPT: Bynum, Chang, Kuali`i, Nakamura, TOTAL– 7,
Rapozo, Yukimura, Furfaro
AGAINST RECEIPT: None TOTAL– 0,
EXCUSED & NOT VOTING: None TOTAL– 0.
Bill No. 2440 – A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A,
KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO REAL PROPERTY
TAX: Mr. Bynum moved for adoption of Bill No. 2440 on second and final reading,
and that it be transmitted to the Mayor for his approval, seconded by Mr. Kuali`i.
Chair Furfaro: Anyone from the audience willing to speak on this?
Mr. Rapozo?
Mr. Rapozo: Mr. Chair, I think we all got testimony from Tina
Sakamoto and I am not sure if everyone had a chance to read the email. She does
bring up some valid concerns and I was not sure how time-sensitive this matter
was. But do you know, Mr. Chair?
Chair Furfaro: Actually, I have set up a meeting and I also got a
copy of that letter for Friday with Steve Hunt. My thinking was to answer some of
those concerns to get more clarity about the application for Friday and then my
commentary would be to Tina Sakamoto who is corresponding on behalf of others
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that at the public hearing, we can air some of those concerns out since I had those
questions.
Mr. Rapozo: This is the second reading. So this is done. This
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will be it. I do not know, maybe we can call over Finance if there is an issue or if
there is an implementation date that we need to get it passed by which oftentimes it
is. I did not really consider her concerns until she brought it to our attention and
she does bring up valid concerns.
Chair Furfaro: I had the concern that I sent over to Steve about
the actual application. What does it look like? How does it get graded? So we
can—I think we have an opportunity to defer this, if you so choose. Vice-Chair?
Ms. Yukimura: If there is a possibility of time constraint, maybe
we should just do it to a special meeting—we do not have another meeting next
week, do we? It would be three weeks if we go from Council meeting to Council
meeting, unless we do it at a special Council meeting.
Chair Furfaro: I will be real bold here. The reason I called him, I
said, "How does somebody apply for this? What does the form look like?" I was not
satisfied. I set up a meeting for Friday. Let us see if we have any information
about the time. I was reminded by the people that this does not cover some of the
concerns that Tina has other than the dates. I do not know if you got my email, but
I invited you to join me on Friday, Mr. Kuali`i.
Mr. Kuali`i: Thank you, Mr. Chair. I did want to say that this
was about changing the dates and I see that we should—there is nothing wrong
with moving forward with that, but that other matter that was brought forward by
Ms. Sakamoto had more to do with the gross receipts versus that and the hardships
it might cause because the people who are not able to claim their health care
exemptions. I do think that it is a valid concern and that it can be addressed in a
COUNCIL MEETING 76 SEPTEMBER 5, 2012
different way, maybe by putting something new on the agenda, after talking with
Real Property Tax.
Chair Furfaro: You are planning to join me on Friday?
Mr. Kuali`i: Yes.
Chair Furfaro: From what I read from your comments, we are fine
moving ahead. Mr. Bynum
Mr. Bynum: I also saw Ms. Sakamoto's email and I talked to
another constituent who has other concerns that I am following up on but it is not
related to this bill; it is related to a bill that we already passed. But if there are
problems and sounds like a couple of us are looking into it and if there are
problems, it is going to require a new bill to fix it. There is an additional thing that
I just became aware of. I need to talk to real property. I do not think it impacts
this bill.
Chair Furfaro: I want to say it was this bill that was brought to
the attention of Miss Sakamoto and a number of seniors. It was raised by Mr.
Rapozo as a concern. It would mean amending another bill, but this one, I think,
we are fine on the date. But you know, we cannot have five of us looking at the
same thing. If one of you wants to pursue her piece, I am fine to bow out of the
discussion. But it has to do with a bill that was already submitted to us by the
Administration, and when I started probing it, some of the standard systems do not
actually exist.
Mr. Bynum: I think we can continue this discussion if we all
agree it is not related to this bill and we are okay with that.
Chair Furfaro: I have already said that. It was as Mr. Rapozo that
raised it and I went blank for a minute, because I was talking to the tax office
yesterday. I will continue to pursue this with Mr. Kuali`i. We will get back to you if
there is more other than what we touched base with him on then we will leave that
to the others. Mr. Rapozo are you satisfied that this deals with critical dates versus
the comments that came about the actual application and qualifying?
Mr. Rapozo: If that is the decision of the body, that is fine. As
long as we do move forward on some of those concerns and I think with her
concerns, without getting into a big debate today, is valid and we should probably
take a second look at it. Thank you.
Chair Furfaro: Okay. This is second reading. This is the date
changes on the critical path and we will do a roll call vote.
The motion for adoption of Bill No. 2440 on second and final reading was
then put, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Kuali`i, Nakamura, TOTAL-7,
Rapozo, Yukimura, Furfaro
AGAINST ADOPTION: None TOTAL-0,
EXCUSED & NOT VOTING: None TOTAL-0.
COUNCIL MEETING 77 SEPTEMBER 5, 2012
Chair Furfaro: I will have to turn the meeting over to Vice-Chair
Yukimura as I have a previous engagement for 4:30. You do have my circulated
note. Mr. Chang, will you join me on this meeting?
Mr. Chang: I will catch up with you.
Ms. Yukimura: Thank you, Chair.
Chair Furfaro: You have the meeting.
Ms. Yukimura: We will take the next bill, please.
Chair Furfaro was noted excused from the meeting at 4:35 p.m.
Bill No. 2441 – AN ORDINANCE AMENDING ORDINANCE
NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL, HIGHWAY, AND SEWER
FUNDS: Mr. Rapozo moved for adoption of Bill No. 2441 on second and final
reading, and that it be transmitted to the Mayor for his approval, seconded by
Ms. Nakamura.
Ms. Yukimura: It has been moved and seconded to approve
Bill No. 2441 on second reading. Any discussion?
Mr. Rapozo: I have some comments. Are you going to take
public testimony?
Ms. Yukimura: Thank you. I should and I will. Anyone for public
testimony? If not, we are back in order and Councilmember Rapozo.
Mr. you.Rapozo: Thank As I stated at the committee meeting
Y g
that I will be supporting these bills obviously because we are required to pass these
bills to balance the budget. I am not going to rehash a lot of my concerns that I did
at the last committee meeting, but I do want—there was a lot of media publicity
and press releases to assure the public there is not money missing. If there was not
money missing we would not be here today getting money from the surplus and
revenue funds to replace the money that was not there. I think it is disingenuous to
tell the community that the money was missing when, in fact, money was not there.
If the money was there, we would not be here today with a money bill to take from
moneys that we did not anticipate. The fact of the matter is that the moneys were
not there at the time July 1 rolled around, causing the budget to go into an
unbalanced status. These money bills are required because we have to balance the
budget. Obviously I will be supporting it, but I just wanted to make that
clarification that the reality is that when the accounting department went in to
transfer the funds that they were not there; hence, money bills. That is what I
wanted to put for the record today. Thank you.
Ms. Yukimura: Thank you. Councilmember Kuali`i.
Mr. Kuali`i: Just briefly, the way I understood it and the way I
saw the $500,000.00 for the Drug Treatment Center was that in one year it was
seen as a surplus, and it was used to balance the next year's budget. The Council
COUNCIL MEETING 78 SEPTEMBER 5, 2012
took that action. Then after our Council action, two or three weeks later, the
Administration encumbered that same $500,000.00. So when you spend the
same $500,000.00 twice, you have a shortage of at least $500,000.00 and that was
just the one example about the Drug Treatment Center. There were others and it
all added up to whatever it was, $2 million. Yes, we are here doing a money bill to
correct the budget error, an error that should not have happened, but I am sure we
will be more careful next time and not almost sort of like spending the same money
twice. I mean, it is crazy to think that it even happened. Thank you.
Ms. Yukimura: Thank you, any other discussion? If not, roll call
vote, please.
The motion for adoption of Bill No. 2441 on second and final reading was
then put, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Kuali`i, Nakamura, TOTAL-6,
Rapozo, Yukimura
AGAINST ADOPTION: None. TOTAL-0,
EXCUSED & NOT VOTING: Furfaro TOTAL-1.
Bill No. 2442 — AN ORDINANCE AMENDING ORDINANCE
NO. B-2012-737, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL, BOND, AND SEWER
TRUST FUNDS: Mr. Rapozo moved for adoption of Bill No. 2442 on second and
final reading, and that it be transmitted to the Mayor for his approval, seconded by
Mr. Chang.
Ms. Yukimura: Thank you. Is there anyone in the audience who
wishes to speak?
Ms. Yukimura: Lonnie?
There being no objections, the rules were suspended.
LONNIE SYKOS: For the record Lonnie Sykos. Thank you, Council
for the opportunity to speak. I simply came up here to reinforce what Mr. Rapozo
and what Mr. Kuali`i have said and what has been said in the press and said here in
these Chambers. It is inexcusable to lose $1 million. It is just inexcusable. It is not
what we pay people money for and I will reiterate that the Administration has
observed that their systems are antiquated, and the antiquated systems perhaps
have to do with this problem occurring. But the fact that the antiquated system is
there is the choice of the Administration. The process failure is not an excuse. The
process failure is a condemnation of whoever is in charge of the process. It is not
just a matter of cleaning our spreadsheet up, so that we are in compliance. As I read
through the document that I got about the County's finances, we are out $1 million.
You are shaking your head, Tim, but we started out with our surplus having an
amount of money in it and our surplus is shrinking as the money is being used for
things that were not in the budget. We basically altered our budget and said
everything is okay. But our surplus is shrinking. That is what the document shows
and yes, we are taking out of one account and putting it into other account, but
whatever the Administration needs to do to clean this up is not about cleaning up
this bookkeeping problem. It is about cleaning up the fact that they have an issue
COUNCIL MEETING 79 SEPTEMBER 5, 2012
maintaining their books. That is what needs to get changed for the public.
Thank you.
Ms. Yukimura: Thank you. Any questions? If not, thank you very
much. Is there anyone else who wishes to testify? If not, we are back in order. Is
there any discussion on the motion? Councilmember Bynum.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Mr. Bynum: I apologize, I stepped out for a moment, so I did not
hear the comments from Councilmembers Rapozo and Kuali`i, but I did hear what
Lonnie said. So what happened here last week is these bills are essential to get our
books in order. What the Council Chair asked for last week, he said he would do a
separate posting on the adolescent treatment issue and what Mr. Sykos said we
have another money bill that does tap into the surplus, but it is unrelated to these
two bills. It goes into the surplus, taws or because those are the funds that we have
available and has to do with storm damage. I do not want there to be confused
issues. I am supporting these bills because they are the right things to do to get our
books in order. The Chair has already said that we will address some of the issues
that Mr. Sykos just brought up in future postings. And so it is just about honoring
the Chair and the way he wants to do this step-by-step. It tends to be his style to be
systematic, in order to bring clarity to the process. So I do not think we are done
with the discussions, but it is time now we can at least get back to a balanced
budget, the way we are required to be.
Ms. Yukimura: Any other discussion? Councilmember Rapozo?
Mr. Rapozo: Yes, I just wanted to say as far as what Mr. Sykos
said about the outdated system and that I do not believe that is the issue here. I
think it was just a conscious effort by the Administration to utilize or encumber
funds that they are legally authorized to do, because it was still in the fiscal year.
So the question is not about whether or not that encumbrance was legal. We know
it is legal because it had already been approved, but the conscious effort to
encumber the funds, knowing that the Council earmarked those specific funds to
balance the budget, I think is the bigger problem. It is not a system problem. It was
a problem that should have never happened, because the Administration should
have known that, in fact, that money that were to be encumbered in the next fiscal
year were required to balance the budget for the next fiscal year. That is the
problem. It is not the system. It is not the spreadsheet, it is really that decision to
use those funds, knowing that these funds were going to be required to balance the
budget. So like Mr. Bynum said, this is the mechanism that we have to balance the
budget. It requires us to support it. I am not comfortable doing it, but I do not see
any other option. Thank you.
Ms. Yukimura: Any other discussion? If not, roll call vote.
The motion for adoption of Bill No. 2442 on second and final reading was
then put, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Kuali`i, Nakamura, TOTAL-6,
Rapozo, Yukimura
AGAINST ADOPTION: None TOTAL-0,
EXCUSED & NOT VOTING: Furfaro TOTAL-1.
COUNCIL MEETING 80 SEPTEMBER 5, 2012
Ms. Yukimura: The bill is approved. Is there any further business?
No further business. Thank you. There being no further business, the meeting is
adjourned.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 4:47 p.m.
'espectfully submitted,
41r41.
I ► AIN-TANIGAWA
Deb"'y County Clerk
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