HomeMy WebLinkAbout12-08-2010-Doc15941• •
MINUTES
PLANNING COMMITTEE
December 8, 2010
A meeting of the Planning Committee of the Council of the County of Kauai,
State of Hawaii, was called to order by Councilmember Nadine K. Nakamura, Chair, at
the Council Chambers, 3371-A Wilcox Road, Lihu`e, Kauai, on Wednesday
December 8, 2010, at 11:34 a.m., after which the following members answered the call of
the roll:
Honorable Dickie Chang
Honorable Derek S. K. Kawakami
Honorable Nadine K. Nakamura
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Honorable Tim Bynum, Ex-Officio Member
Honorable Jay Furfaro, Ex-Officio Member
The Committee proceeded on its agenda item as follows:
Bill No. 2376 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
THE COMPREHENSIVE ZONING ORDINANCE (Shoreline Setback)
[This item was deferred.]
NADINE K. NAKAMURA, Planning Committee Chair: I would like to call the
planning committee to order, let the record reflect that all members are present. The first
and only item on this agenda is Bill No. 2376, and I would like to ask L.C. to read the bill
under consideration.
LAURIE CHOW, Senior Clerk Typist: Bill No. 2376, a bill for an ordinance to
amend chapter 8, Kauai County Code 1987, as amended relating to the comprehensive
zoning ordinance, shoreline setback.
Ms. Nakamura: Thank you L.C. Can I have a motion to defer this bill until
the second committee meeting in January of 2011?
MEL RAPOZO: Can we get some discussion before we make the motion to
defer?
made.
JOANN YUKIMURA: Because there is no discussion once a motion to defer is
Ms. Nakamura: Okay fine. Thank you for bearing with this novice
committee chair. So yes let's have some discussion.
Mr. Rapozo: I am going to be supporting the motion to defer, I just
would ask and I'm assuming it's a two week deferral to the next committee meeting?
Ms. Nakamura: Actually we are looking at the second committee meeting
in January.
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Mr. Rapozo: Okay.
Ms. Nakamura: Now that's going to conflict with the opening day of the
Legislature so I believe it's going to be on instead of a Wednesday, that committee
meeting will be on a Thursday.
Mr. Rapozo: Okay so we're looking at the second committee meeting in
January?
Ms. Nakamura: Yes.
Mr. Rapozo: Okay that's fine. All I would want and I will submit my
request, but obviously would like to have the planning department present and I will have
some questions drafted to be submitted over prior to that. Also if there's a chance we could
have some of the experts that were here for the workshop because I was present at the
workshop and in fact all of us were but I do have some questions for some of them, so if we
can have them here as well I would appreciate that.
Ms. Nakamura: Okay we're going to be, I think the staff will be looking at
that because some of the contracts have already expired so we're going to have to look at
the cost to bring the resources over here. Just to give you some background for the
deferral, some of the sea grant staff who was here did not have a chance to review the bill
and wanted to give us some additional feedback. The County Attorney may also have some
additional amendments to make to the bill and there was some discussion at the previous
workshop about looking at the coastal erosion study which is really the foundation for
these amendments. So we wanted to make sure we get a briefing and some background
information before addressing the bill before us. That's some of the reasons for the
deferral. Councilmember Yukimura?
Ms. Yukimura: Just a question, so I'm assuming then given what you said
that the reason we're not doing it on the first committee in January but the second is
committee in January is to give everybody enough time to prepare.
Ms. Nakamura: Prepare amendments.
Ms. Yukimura: Yes prepare, okay and you were just beginning to say that
there was a conflict with the opening of the Legislature? So what is the proposal for the
date of the second committee meeting in January?
Ms. Nakamura: I believe it's the 20th.
Ms. Yukimura: Okay, so we're just moving the date?
Ms. Nakamura: Instead of the 19th.
Ms. Yukimura: Okay, alright.
JAY FURFARO: You know that's a, and if you could recognize me, the
calendar is finalized, I have finalized the calendar.
Ms. Nakamura: Okay.
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Mr. Furfaro: It's being circulated and to answer Councilwoman
Yukimura, the 19th is the opening of the Legislature and the date for moving the
committee meeting is the 20th, and these calendars I'm going to go ahead and ask them to
distribute. I just moments ago approved and I guess those are one of my administrative
duties.
Ms. Nakamura: Thank you Chair Furfaro.
Ms. Yukimura: Is it the intention of the chair then to have the resource
people at the meeting on the 20th?
Ms. Nakamura: We are working with planning department staff to find
out whether we have the resources to bring that team over here again. They were here I
think, four or five people were here a week ago or was it earlier this week?
Mr. Rapozo: Yeah it was about a week ago or two weeks ago.
Ms. Nakamura: Yeah it was about a week ago. So there is some cost
associated with bringing the resources over here so I think they want to know whether
they can address some of the questions in house and so I think it would be good if you have
questions to put them in writing and that will give us an idea of who really needs to be at
this session.
Ms. Yukimura: Thank you.
Mr. Rapozo: So is it my understanding that the planning department
will not be bringing these people over? Is that what I'm hearing? I don't think cost is an
issue because I believe we have funds. The bottom line I guess, and Nadine, I know that
we need those people here, and I don't know what the contract says, and if it ended and we
got to pay them, we got to pay them. But I don't think, and in all fairness to, and
especially like myself that wasn't here during the discussion, I think what those experts
have to say, or those consultants, are vital. Whenever we pass a bill off of the studies done
by consultants, the consultants are always here. I don't want to hear planning's version of
what they heard, I want to hear the doctor's, Dr. Fletcher, I want to hear Dennis Hwang,
and I want to hear them all. I think what they have to say is vital, and from what I heard
at the workshop, they are not in agreement with a lot of what's in this ordinance. So I
think to be fair to the public and for us that we have them here, and I think the request
needs to be made, and if planning is not going to bring them, then I think we need to bring
them and you can consider that my official request as a committee member to have them
here. Thank you.
Ms. Nakamura: Well taken.
Ms. Yukimura: I think some of the sea grants people might be able to
have funds of their own since part of their mission is to serve in advisory capacity to
various governmental agencies. I think Dr. Fletcher's contract may, have maybe up and
therefore his travel and Thorne Abbott's travel and possibly Dennis Hwang although
sometime he does work with sea grant may be the issues, so we might be able to find some
multiple sources.
Ms. Nakamura: Okay.
Ms. Yukimura: I do think that the use of council money could be
appropriate to get them here.
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Ms. Nakamura: Okay, Chair Furfaro.
Mr. Furfaro: Let me give you a quick recap on that. First of all as I
mentioned earlier, the calendar is out and I approved it. Secondly, since their invitation
the last time there was no request from them for travel money, although the offer or the
question was asked. I would like you to ask it one more time. As you know, I'm trying to
reallocate travel funds and so that when we come in with the request we got, if it turns out
to be six round trip tickets and the cost of a rent-a-car, then we know what those costs are.
I believe Councilwoman Yukimura and Councilmember Rapozo are correct, most of their
contracts have expired, so this might be something that now happens as a request for
travel vouchers.
Ms. Nakamura: Thank you for clarifying that process. Any other
comments?
Ms. Yukimura: Oh yes, is there or do you have an internal deadline for
amendments or proposed amendments, or would you want to have them prior to the
meeting on the 20th? Would that help?
Ms. Nakamura: I think if you have proposed amendments that would be
great. If we could have information before that meeting I think it would make that
meeting a lot more productive.
Ms. Yukimura: Okay, thank you.
Ms. Nakamura: If it's okay can I have a motion to defer this bill?
DEREK KAWAKAMI: So moved.
Ms. Nakamura: Thank you.
DICKIE CHANG: Seconded.
Ms. Nakamura: Thank you. Are there any members of the public
interested in testifying about the bill? I see none, all those in favor of the motion say "aye".
Committee Members: Aye.
Ms. Nakamura: Those opposed? Motion carried
Upon motion duly made by Councilmember Kawakami, and seconded by
Councilmember Chang, and unanimously carried, Bill No. 2376 was deferred to the
second committee meeting in January, 2011.
Mr. Furfaro: Can I have two moments of personal privilege here for the
group? Again I want to reiterate that live streaming broadcast of our meetings are now
available at www.kauai.gov/webcastmeetings and it will come up as council meetings,
planning, police and you can click off on that. The second item I would ask is some
courtesies as the last approach by Councilwoman Nakamura was in fact there was all of a
sudden a blitzkrieg of discussion. Please make sure we get recognized before we speak and
that recently happened to me. I was trying to share with Mr. Bynum that we weren't at
the final conclusion of his narrative and both two other council members were speaking at
the same time. I try to write out everything knowing that we had four motions to go
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through for each resolution, so please
before we speak and I will try and
heading with something. Other than
and thank you everybody.
again may I just ask that you wait to be recognized
speak a little faster so that you know where I'm
that please look for your calendars in your mail box
There being no further business, the meeting was adjourned at 11:44 a.m.
Respectfully submitted,
aurie ow
Senior Clerk Typist
Approved at the Committee Meeting held on January 5, 2011:
NADINE NAKAMURA
Chair, Planning Committee
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