HomeMy WebLinkAboutP-0107.01-16 Council Minutes 03-2009- . •
SPECIAL COUNCIL MEETING
MARCH 4, 2009
The Special Council Meeting of the Council of the County of Kauai was called
to order by the Council Chair at the Council Chambers, Historic County
Building, 439,6 Rice Street, Room 201, Lihu`e, Kauai, on Wednesday, March 4, 2009
at 9:09 a.m., after which the following members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
APPROVAL OF AGENDA:
Mr. Kaneshiro moved for approval of the agenda as circulated, seconded by
Mr. Furfaro, and unanimously carried.
Chair Asing: Can we have the first item please?
PETER A. NAKAMURA, COUNTY CLERK: The next item is communication
C 2009-99 for approval.
C 2009-99 Communication (02/26/2009) from the Mayor, informing the
Council of Amy Esaki's tendered resignation as County Attorney effective
March 4, 2009, and requesting Council confirmation of Alfred B. Castillo, Jr. as the
County Attorney effective on or about March 4, 2009:
Chair Asing: Thank you. We also have a memo from the present
County Attorney Amy Esaki and Councilmembers, Ibelieve you have a copy of that
memo. With that, what I would like to do is suspend the rules and have the
members of the public speak on this item first. Is there anyone in the public who
wants to speak on this item?
There being no objections, the rules were suspended.
Chair Asing: Al, do you want to come up please? Al, let me just
open it up for yourself to give us some background and any information you can
share with the Councilmembers regarding this appointment.
ALFRED B. CASTILLO, JR.: Okay, first of all, Mr. Chair, good morning.
Councilman Kaneshiro, Councilmember Bynum, Councilmember Kawahara,
Councilmember Kawakami... good morning again Councilmember Furfaro, good
i~ .
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SPECIAL COUNCIL T~ETING - 2 - • March 4, 2009
morning again Councilmember Chang. I would like to thank everyone. First of all, I
hope that nothing is taken for granted and I hope that you accept the resignation of
Amy Esaki and approve or confirm my appointment. You know, I would like to
really thank Amy Esaki and Darren Suzuki for carrying the load in these past
months because I know the task was very hard because they were really short
staffed. I'd like to tell all of you that I have been practicing here on Kauai for 27
years and I am not new to this community.
I want to improve communications between the County Attorney's Office, the
Administration, the Council, Council Services, and all of the agencies that we
assist... even the State agencies. You know, I am confident that the work that we
will do is going to be work that is based on the law as we see what the law is and
the facts that are applied to the law. I like the fact that I have been given... I am
an independent person and what you will get from our office with the deputies that
I select, basically is the law, and the facts that are applied to the law. I hope that
the communication lines that we open will help streamline the process between the
County Attorney's Office and the County Council. I am concerned about our
spending... exorbitant amount of moneys in hiring special counsel. You know, I am
basically a trial attorney and I have been for 27 years. However, it is not an easy
analysis as to why or why not we hire special counsel, but I will be looking at that
very closely. Another thing that I will be looking at which I have been wondering
for years is why don't we go after the people that owe us money. I know my
predecessor has started on that process and I am going to continue and improve or
try to improve on what he started.
You know, I am aware of the challenges ahead. I don't come here with bright
eyes. I come here knowing the daunting task ahead of me. I would like to lead a
team of attorneys that are dedicated, that work hard, that can maintain the
integrity that I think... oh, I know, I have been to the office. I look forward to
working with everyone. I look forward to working for this County. Thank you.
Chair Asing: Thank you. With that, Councilmembers, any
comments, questions? Councilmember Furfaro?
Mr. Furfaro: Thank you Mr. Chair. Good morning Al and it is
very good to see you there. I just want the other Councilmembers to know as I am
in Lion's International as well as Al being a westside Lion I believe. I certainly
know of his work in the community through various non-profit organizations
including the fact that Al was on our board with Habitat For Humanity when we
needed special counseling as it related to our financial standings during a period of
time that we were attempting to build some houses. I am very happy to report that
because of Al's commitment to voluntary services... you might have read recently in
the Garden Island that Habitat completed its 100th home. So I have been able to
work with Al in that capacity. I am also very glad to hear about your trial attorney
experience because that is one of the things that has put us in a position where we
know that there are areas where we have to contract out services because of the
' 4 • •
SPECIAL COUNCIL MEETING - 3 - March 4, 2009
expertise associated to the various circumstances with various cases. And I want to
say on the record that I am certainly not expecting the County Attorney with his
trial experience to be the one that is in court because that eats up a tremendous
amount of time, but at the same time, I do like hearing the fact that Al is saying he
will survey and evaluate which cases we may have to go and look to some special
counsel for. You know, over the last 4 months, we had 5 County Attorneys. Many
of them acting in capacities until we were able to bring someone on full-time. I want
to thank you for recognizing Darren and Amy because I think they both have been
very supportive in the efforts to get us good information, so that we can make the
right decisions. I am glad that you share that... Amy, in particular, is now, I think
the one we're most confident with as far as being briefed on the Charter
amendment. I would hope that this Council can convey to the new County
Attorney's Office the importance, perhaps, to let these items be continued to be
pursued by them. There is an urgency for us to come to an understanding on what
we are going to do in the next step. Obviously, right now, in this economy, it doesn't
seem to be as press... the pressure is really because there is not a lot of applications
in front of us. But the reality, that amendment is the law today because it has
passed the test of the 50 days since the election.
I also wanted to say that Darren has been working on our tax piece. You
know, we have a tax appeal bill going in front of us right now. He has recently
communicated to me that on the laws regarding the potential appeals and
amendments and arbitration that there needs to be a little bit more time allowed for
arbitration and to understand its affect on the County, and that is on today's
agenda. But I just wanted to say those are 2 pressing issues as it relates to giving
us good guidance and I hope you can take my comments from the standpoint that I
would like to see them continue to focus on those items. Your comment about
collection is very refreshing. I think there is some opportunities there for us to
tighten the belt as we go into these economic times. Also, just the consistency we
need in making sure that everybody is treated fairly and there is a standard
practice about collection especially when we are dealing with water and sewer bills,
and so forth. So those were all very much appreciated comments by you upfront
and I just wanted to share with my other Councilmembers that I have always had a
very good experience working with you even in non-profit boards. I want to thank
you for stepping forward Mr. Castillo. Thank you very much.
Mr. Castillo: You're welcome.
Chair Asing: Thank you. Councilmembers, any other comments?
Councilmember Chang?
Mr. Chang: Thank you Chair. I'd like to just say aloha to you Al.
We have known each other for many years on other projects that we have worked
- on, but congratulations to you.
Mr. Castillo: Thank you.
SPECIAL COUNCIL ~ETING - 4 - • March 4, 2009 I,
Mr. Chang: But really importantly as a new Councilmember, I
would like to just share and thank you for acknowledging Darren Suzuki and Amy
Esaki. They have worked very, very, very, very hard in this short time that I have
been here, so I am just glad that you acknowledged them because we certainly
learned a lot from their counsel and good luck to you and your staff.
Mr. Castillo: Thank you.
Chair Asing: Councilmember Kawahara?
Ms. Kawahara: Thank you. Good morning, it is good to see you
here.
Mr. Castillo: Good morning.
Ms. Kawahara: And I just wanted to thank Amy also while she is
here for her work with us. I wanted to thank her because she was very forthcoming
and really effective communicator. I am really looking forward to working with you.
I know that you have a lot of experience... more present experience in private law
practice and you had a lot of experience in the County of Kauai before that. We
shared and talked a little bit earlier... if you could maybe share with us why it is
that you are ready at this point in your life to come back to public service which I
am very glad for. I think the Council is very glad and we are looking forward to
having you here.
Mr. Castillo: Thank you. It is because I grew up here and that is
the primary reason. I, throughout the years, have been watching the County
Attorney's Office, watching Kauai grow, and what I shared with you earlier was...
several months ago, maybe a year ago, playing golf at Kiahuna, looking at what was
going around me, looking at red dirt right below me in the Knudsen property...
Kukui`ula all the way up to Kukuiolono, a trail of red dirt. I, at that point in time,
said you know what, if I don't try to help Kauai, then I cannot grumble about what
happens to this island, so it is because I care. You know, to me, improving the
County is my goal. Doing it with integrity, with dignity and respect is my... is the
way that I foresee me practicing from now and I have been doing that since I
started my law practice. So that is what you can get from me, an honest straight
answer. Thank you.
Ms. Kawahara: Thank you. I just wanted to also echo
Councilmember Furfaro's note on the urgency of working with us on the Charter
amendments. I hope that you can support us in that and work with us diligently
and quickly, so that we can get that going and out there as soon as possible.
Mr. Castillo: Just to let you know, I have already spent many,
many hours on the Charter amendment, so it is not like it is new to me. I have
SPECIAL COUNCIL M~TING - 5 - • March 4, 2009
already read a lot of things regarding the Charter amendment, so I will start rolling
as soon as I am approved.
Ms. Kawahara: That is great to hear. Thank you.
Mr. Castillo: Thank you.
Chair Asing: Thank you. Councilmember Bynum?
Mr. Bynum: Good morning Al.
Mr. Castillo: Good morning Sir.
Mr. Bynum: Great to see you here.
Mr. Castillo: Thank you.
Mr. Bynum: And I... you know, I want to start... I may have
more specific questions than I have heard so far, but I want to start by saying that I
am thrilled that you are here. We have known each other for a long time and when
you were at the Prosecutor's Office, I had an opportunity to meet you and work with
your office, and I am thrilled that we have an attorney of your standing and your
reputation, and community stepping forward. I very appreciate that.
Mr. Castillo: Thank you.
Mr. Bynum: I am also anxious that we have stability at the
County Attorney's Office because we have a myriad of issues. You know, like most
legal issues, they are complex, and they take time to work out. I know that meeting
some of those goals is going to require the expertise of a (inaudible) legal team. I
know that is your goal to put that in place. You know, regarding the amount of
money that we spend on special counsel, I have been very impressed with the
special counsels that we acquire and I understand the rationale for that. But it is a
logical question for lay people and for the Council to say, when we are expending
hundreds of thousands of dollars, you know, how much of this can we do in-house.
You know, when one case eats up, you know, $100,000 or $200,000, we say, geez,
you can hire afull-time attorney for that, right? So I hope that we do look at the
staffing and the County Attorney's Office and how... what is the cost benefit
analysis of perhaps even expanding the staff in the future if we can belay some of
that, would you agree with that?
Mr. Castillo: Absolutely. You know, it is my impression that we,
too, we cry for help too fast, and it seems like it is too easy, and that is the reason
why I would like to take a good look at that. I have been told that we have over 30
special counsels on board right now. I am sure that the staff that I put together will
be able to handle some of the cases that we have outsourced. I am confident that we
SPECIAL COUNCIL ~ETING - 6 - • March 4, 2009
can do it and researching it already, asking the questions, investigating... I am
confident that we can.
Mr. Bynum: And for the sake of the general public who kind of
looks at this. I don't think they understand the routine work that comes to the...
nothing is routine, but, you know, reviewing every contract that the County enters
into that there is a pretty huge caseload of just kind of day to day County business
that the County Attorney has to deal with. So I wouldn't want the public to say,
wow, we have "x" amount of attorneys and we never went to court because there is a
whole lot more work that happens there. But, you know, there has been some
specific issues that Councilmembers have expressed concern about the County
Attorney. I know... I don't expect a commitment from you, but I wanted to
highlight a couple of those and if you have comments today, that is great, if not,
that is fine too. But I am surprised the other members haven't brought up an issue
that was spoken here routinely over the last couple of years is about the presence of
the County Attorney or someone from the County Attorney's Office at Council
meetings. You know, this current Council has been working quite efficiently. We
have been out of here on time, but sometimes we have pressing business that takes
us into the evening, and it was a contentious issue over the last couple of years that
sometimes there was no attorney present at our meeting when we needed
consultation or even kind of observing what was going on. Are you aware of that
issue?
Mr. Castillo: I am aware of that issue and it is... for me,
personally, I would like to be at all Council meetings and hearings, so that you
could get the answer from myself personally, so I think it is important for the
County Attorney to be here. Also, but I know for a fact that there will be times that
I would not be able to attend. I would just be unavailable, but knowing that
beforehand, and we get the agenda beforehand, I would have someone here that
knows the issue, and would be able to handle the questions. And, you know, this
thing about, I want to see it in writing, I don't think that it is... it is counter
productive at times, so, you know, when you ask a question, I sure hope that I will
provide you with an answer. If I don't have an answer, I would tell you that I would
research it, and get it back to you within a reasonable amount of time. So, you
know, I think if we have an open dialogue, if I am here, I think it would alleviate
past problems.
Mr. Bynum: I appreciate that response and, you know, becomes
sometimes we have been known to meet late into the evening, and there was kind of
an... and I understand that "the" County Attorney may not be present, but having
an attorney present in the room to observe the... at least observe what is going on is
helpful. The other issue that is related to that is a sense that when it is appropriate
for the attorney present to intervene. For instance, if I personally am getting into
an area or making comments that might create legal issues for the County in the
future, I personally would appreciate a tap on the shoulder that said, let me give
you a caution about this. You know, because I see that as the role of the attorney
SPECIAL COUNCIL METING - 7 - • March 4, 2009
representing the Council and I think there has been a reluctance to do that both
here at the Council and at Planning hearings. You know, I wonder if you have an
opinion about, is the County Attorney's role kind of proactive to try to give us advice
when it feels like it needs to or is it only when we ask for it?
Mr. Castillo: The County Attorney is supposed to defend the
County and being proactive at times is... would be what is needed, however, it is my
understanding that Peter Morimoto is coming on board. I don't know what his role
is going to be here for the County Council, but as far as I am concerned, if any of the
Councilmembers get into an area that they should be forewarned that, you know,
hold on, wait a minute, take a step back... I think at least one of us should be there
to say, wait, stop, and give you the legal advice that is needed. The reason why I am
saying that is that I am not aware of what the role of Mr. Morimoto is going to be
and once I get that cleared, then I can answer that question more accurately I
think.
Mr. Bynum: And I appreciate that. I just want to underscore,
you know, if you are not prepared to comment on these issues right now, I would
understand that because...
Mr. Castillo: I don't mind telling you. You can ask any question
that you want. I don't mind giving you an answer from what I know from this
standpoint.
Mr. Bynum: Another issue that has been... that had a lot of
discussion is about finding that balance between open public dialogue and access to
information in areas where things need to remain confidential because I think all of
us... our goal is to be as open as possible. In the State law and in practice in other
counties, there is a distinction made between opinions as to law versus advice from
an attorney. I think the general public and everybody understands that advice from
your attorney is something that is confidential. We all watch t.v. and see how
important that confidentiality is, but then there are issues where we ask questions
like, what does the law say about this? And it is an interpretation of the current
law and an opinion of the current law, and there has been frustration for me, and I
will own it, and for members of the public that our written opinions about, what
does the law say about this isn't something that is shared or hasn't been shared
with the general public as freely as it is in other jurisdictions in my opinion anyway.
Do you have any comment about that?
Mr. Castillo: Yes, I do. I chuckle because I think I woke up at
3 o'clock this morning thinking about this issue and I can tell you for a fact that
there is going to be a policy created in the County Attorney's Office regarding this
particular subject. When I spoke to you a few months ago, I did relay to you that it
is my belief that the County Attorney should make his or her opinion public.
However, you know, there is the rules of professional conduct that we have to abide
by. I am not... and in any practice of law, a lot of times, it is... you have attorneys
SPECIAL COUNCIL ~ETING - 8 - • March 4, 2009
that can quickly say, sorry, privileged, and that is the easy way out. As far as I am
concerned, this is an opportunity when there is some law that you would like to
define, explain to the public... it is an opportunity for the County Attorney to tell
the public what the law is, to open it up, so that the public understands where you
are going, and how you are going about doing your job. So I am not one to hide. I
will be confident in my opinions and I am sure that me and my entire staff would
have researched the issue before making an opinion. So the answer to that question
is, I am open.
Mr. Bynum: Thank you. I appreciate that very much and, you
know, it is an issue that I have tried to help define and get to a norm that is
acceptable to everyone. You know, with the previous County Attorney, we were
deep in those discussions. I have a bill pending and a proposed rule change that I
was working through with the previous attorney, and we were close, so I will look
forward to following up with you as soon as possible to try to bring that back onto
the agenda.
Mr. Castillo: Okay, thank you.
Mr. Bynum: Thank you very much again. I am really thrilled
you are here and I hope we will have a productive working relationship for a long
time.
Mr. Castillo: I hope so too.
Mr. Bynum: Stability in the County Attorney's Office is in
everyone's best interest.
Mr. Castillo: I certainly agree.
Mr. Bynum: Thank you very much.
Chair Asing: Councilmember Kaneshiro?
Mr. Kaneshiro: Thank you Chair. Thank you Al. I don't have any
questions for you. My goal is to get you appointed as soon as possible. The half
hour ticking away with a 30 or so attorneys that we have out there that we use
special counsel probably be costing us a hell of a lot of money. So, for me, the sooner
we get you on, the better we will be able to accomplish what we want to accomplish.
You know, I just want to make a comment that I see your resume and your
community involvement is real important and looking at the different or various
organizations that you serve on really shows the kind of person you are about how
you really care about this island. And looking even at the part about you being a
Board of Director or the McBryde Credit Union... that impresses me as the Finance
Chair for this Council because we know the tough times that we are going through,
and with your knowledge and some of the, you know, banking and budget, and so
SPECIAL COUNCIL METING - 9 - ~ March 4, 2009
forth, you will be a great asset to all of us. So congratulations and I am looking
forward for you to be sworn in as our new County Attorney this morning.
Mr. Castillo: Thank you. You know, being on the board of a
financial institution and going through these hard times, you know, it... when you
are on the board, you are responsible for millions of dollars, so thank you very much
for that comment, and we take our job very seriously being on the board.
Chair Asing: Any other comments Councilmembers? If not, I
would like to thank you for stepping forward Al. And I guess Al, like other
Councilmembers... each Councilmember I know met with you and discussed the
different issues. I did have an opportunity to sit down with you and discuss what I
felt was the role of the County Attorney and we are very close in agreement to the
expectation of the Council and the Administration. I guess looking back on your
resume, it is very interesting to find that at your very start of your career that you
were a Summer law intern, and that is in 1980. So I am saying, wow, 1980 I guess
he gets out of school and he is now going to be an intern with the County starting
with the Prosecuting Attorney's Office, and look at who you are today. Great career
and thank you for stepping up, thank you for helping us, and I want you to know
that you have my full commitment and support. I know, definitely, that we will
work together well. So is there any other comments from the members of the
Council? Councilmember Furfaro?
Mr. Furfaro: Thank you Mr. Chair for pointing out the fact that
despite, maybe some interpretations that we were surprised with some of the
questions... some of us like the Chair had opportunities to meet with you on an
individual basis. I do want to clarify 2 other points here. First of all, I would like
you to look into our loss prevention goals set by this Council which included staffing
an attorney at the Police Department to give advice and counsel... while we are
talking about advice and counsel, there are members here in the audience that I
want to make very clear... when the Council hires Peter Morimoto, he is hired as a
Legal Analyst. I don't want them raising their hand and saying, let's ask this
attorney for an opinion. He is a Legal Analyst. He is not there for advice and
counsel. The Charter provides advice and counsel to this body through your office
Al. I also want to make sure you are not over committing yourself here... that when
we talk in terms of having an attorney here, we are not talking about having you
here. We are talking about having someone from your office here. As Mr. Bynum
said, that will raise his hand and basically say, you know, that is a privileged
question, let's move on. And then from that point, I would think that the public
would appreciate an explanation, not from the individual Councilmembers which
has happened in the past, but I think which is also pointed out... you know, we are
getting better with our specifics and we are doing things on a more timely basis,
and we would like to keep to that agenda. But, again, you have my full support.
Mr. Castillo: Thank you.
,
SPECIAL COUNCIL M~:ETING - 10 - ~ March 4, 2009
Chair Asing: Thank you. Anything else? If not, thank you very
much Al. Glenn, everybody had an opportunity to speak prior to, and I opened it up
for the public for this purpose, and I will not be opening it up again a second time.
So with that, thank you Al.
Mr. Castillo: You're welcome.
Chair Asing: I'd like to call the meeting back to order and have a
roll call vote unless we have further discussion.
The meeting was called back to order, and proceeded as follows:
Mr. Bynum: We need a motion Mr. Chair?
Chair Asing: Yes.
Mr. Bynum moved to approve C 2009-99, seconded by Mr. Furfaro, and carried by
the following vote:
FOR APPROVAL: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Thank you. Congratulations. With that, I believe
we will have the swearing in occur at this time, so I am going to adjourn the
meeting.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:44 a.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk
/lki
• •
COUNCIL MEETING
March 13, 2009
The Council Meeting of the Council of the County of Kauai was called to
order by the Council Chair at the Council Chambers, Historic County
Building, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Friday, March 13, 2009 at
9:20 a.m., after which the following members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
APPROVAL OF AGENDA:
Mr. Furfaro moved for approval of the agenda as circulated, seconded by
Mr. Kawakami, and unanimously carried.
MINUTES of the following meetings of the Council:
Special Council Meeting of February 25, 2009 (Interviews)
Public Hearing of February 25, 2009 re: Bill No. 2302
Council Meeting of February 25, 2009
Special Council Meeting of March 4, 2009
Mr. Furfaro moved for approval of the minutes as circulated, seconded by
Mr. Chang, and unanimously carried.
Chair Asing: Next item please?
PETER A. NAKAMURA, COUNTY CLERK: At this time Mr. Chair, if we can
go to page 2 of the Council's agenda. There is a request to take communication
C 2009-103 at this time.
C 2009-103 Communication (02/12/2009) from Roger Caires, Open
Space Commission Chair, submitting the Commission's 2007 and 2008 Report to the
County for the Public Access, Open Space, and Natural Resources Preservation
Fund and the 2007 Public Input Process Survey Results:
Chair Asing: With that, what I would like to do is suspend the
rules and turn it over to... who shall I turn it over to? Jean Souza and Caren
Diamond.
• •
COUNCIL MEETING - 2 - March 13, 2009
There being no objections, the rules were suspended.
CAREN DIAMOND: Aloha Council. Thank you for having us this
morning. My name is Caren Diamond and I am here this morning representing the
County of Kaua`i's Public Access, Open Space, and Natural Resources Preservation
Fund Commission. We are here to follow up on our written report that we submitted
to you and summarize the report, and answer any questions that you might have.
We will be giving a short PowerPoint presentation that will take about 5 minutes,
and after that, we would like to welcome any questions that you have. With us
today is Jean Souza who is going to be doing the PowerPoint.
Chair Asing: Good morning Jean.
Mr. Furfaro: Good morning Jean.
Ms. Diamond: Beryl Blaich is here with us.
Mr. Furfaro: Good morning Beryl.
Ms. Diamond: Eugene Punzal and Tessie Kinnaman is here as
well. Who is not here on our Commission is Puna Dawson, Randall Uyehara, and
Johanna Ventura. So we welcome your questions after the PowerPoint and I will
turn it over to Jean Souza now.
JEAN SOUZA: The report was submitted about a month ago and
right now I am going to be giving you a summary of the program background and
review of the 2007-2008 recommendations to the Council. The third item will be to
give a heads up on some of the activities for 2009. In 2002, 73% of Kaua`i's voters
approved a Charter amendment to establish the Public Access, Open Space &
Natural Resources Preservation Fund Program. The Charter amendment requires
that a minimum of 1/2 of 1% of the County's annual real property tax revenues be
placed in the Public Access, Open Space & Natural Resources Preservation Fund. In
2008, December 2008, there was approximately $1.7 million in the fund. In any
given year, administrative costs are not to exceed 5% of the fund. The fund has
grown an average of about a quarter million dollars per year. The fund is to be used
to acquire lands for public outdoor recreation and education including access to
beaches and mountains.
Number 2, preservation of historically important lands and sites. Number 3,
protection of significant habitats or ecosystems including buffer zones. Number 4,
preservation of forest, beaches, coastal areas, and agricultural land. Number 5,
protection of watershed lands to preserve water quality and water supply. Number
6, conserving land in order to reduce erosion, floods, landslides, and runoff.
Number 7, improving disabled and public access to and enjoyment of public lands
and open space. And number 8, acquiring public access to public land and open
space.
COUNCIL MEETING • - 3 - • March 13, 2009
Ordinance 812 passed by the County Council in 2003, established the Public
Access, Open Space & Natural Resources Preservation Fund Commission. The
Commission has 2 roles. Number 1, to gather suggestions from the public on lands ,
for acquisition or project funding. And 2, working on an annual list of priority
projects to recommend to the County Council.
The current report encompasses the Commission's recommendations
spanning 2 years rather than just 1 year. The recommendations include priority
projects for acquisition, secondary recommendations for acquisition, and other
Commission findings. I know this is a difficult map to read. It is in your report in
the appendix, but just to -focus your attention on the green dots which are the
priority project recommendations for acquisition, and the yellow dots which are the
secondary recommendations for acquisition. I am going to go through those right
now. The Commission has identified 6 priority project recommendations for
acquisition and in order of priority, they are:
1) Black Pot Park Expansion in the Hanalei Judicial District;
2) Expansion of Salt Pond Park in the Waimea Judicial District;
3) Ha`ena Point or otherwise known as the Brescia property in the
Hanalei District;
4) North Kapa`a Coastal Lands in the Kawaihau District. These are the
lands immediately north of Otsuka's furniture store;
5) Evslin property in the Waimea District; and
6) Ha`ena Beach Park Lateral Access in the Hanalei District. These are
the lands immediately to the east and abutting Hanalei... Ha`ena
Beach Park.
We have 6 secondary recommendations for acquisition and these are not in
order of priority. They include the Hoban property in Koloa District which is about 2
parcels to the east of Spouting Horn. The Hoone Road parcel in which the
Nukomoi Surf Shop sits, then Maha`ulepu and Koloa District. Alekoko Fish Pond in
the Lihu`e District, the Coco Palms property in the Kawaihau District, and Papa`a
Bay easement in the Kawaihau District. We also felt the need to present to you 3
other Commission findings and we would like to just let the Council know that it
has the opportunity to undertake the following projects using the Open Space fund.
1) Investigate the status of unresolved public access identified in the
Commission's 2005 report.
2) To investigate the status of public access to Alexander Dam from
Kaumuali`i Highway in Kalaheo and identify measures to remedy the
situation.
3) Conduct a study of the options available to the County to establish
access ways and implementation of the purposes of the Commission
other than the use of the fund for land acquisition.
COUNCIL MEETING. - 4 - • March 13, 2009
In 2009, we want to let you know that there are a couple of things coming up.
One is that we will be starting our public input process in May for our 2009 report
and these include public input meetings as well as the opportunity for the public to
download a survey form from the kauai.gov/openspace website. To follow up on
some of the issues and recommendations from this report and in previous reports,
we will be consulting with yourselves and the Administration on problems and
opportunities on the possibility of amending Ordinance 812. We will also be
identifying... proposing a County acquisition process. Thank you. At this time, we
are open to questions.
Chair Asing: Thank you. With that, Councilmembers, any
questions on the report? Councilmember Bynum?
Mr. Bynum: Good morning. We have a busy agenda today, but I
do have a few questions. First, I wanted to know about the status of your Open
Space staffing. You had an Open Space Planner that I don't believe is currently on
the job. Is that person being replaced and do you know the status of that?
Ms. Souza: As you probably know, the recruitment of that
position is dependent on the Mayor's approval because of the economic situation. So
I believe that he has given verbal support to filling the position and I believe, today,
we will know about more about whether that is going to happen soon. So, currently,
the position is vacant. We have just a clerk helping us and then Rick Tsuchiya, the
Senior Planner has been helping us as well too. The Commissioners have stepped
up to do a little bit more work, so we are carrying forward with our agendas and
having meetings regularly, but the position is vacant.
Mr. Bynum: So the short version is...
Ms. Souza: We don't know...
Mr. Bynum: (Inaudible) active recruitment occurring at this
time.
Ms. Souza: Right, none right now.
Mr. Furfaro: Mr. Bynum, may I add to your items just since it is
on the table right now?
Mr. Bynum: Sure.
Mr. Furfaro: I just want to make sure also that we all recognize
that the staff planner for your Commission is not coming out of your administrative
moneys just so that the rest of the Council knows. That was a separate money bill
introduced by Councilwoman Yukimura and myself. So when we see the budget, it
comes over today I believe... am I correct Mr. Chair?
COUNCIL MEETING ~ - 5 - • March 13, 2009
Chair Asing: Yes.
Mr. Furfaro: So the budget comes over to the Council today and
we will have an opportunity to get clarity on that. Thank you Mr. Bynum.
Ms. Souza: Another point also is that although up to 5% of the
fund is allowed for administrative purposes, the Planning Department typically
requests for a substantially lower amount. So I believe the current request is for
about $23,000 as opposed to $85,000 which could be asked today. Thank you.
Mr. Bynum: So the second thing is... your first report in 2003
focused...
Ms. Souza: 2005.
Mr. Bynum: Oh yeah, the bill was in 2003. The first report
focused on what... at the time, you guys were calling it the opala problem or the
places where... had previously been that for one reason or another is currently
denied or problematic. There wasn't a focus so much on acquisition, but what
happened to those public. access (inaudible)... both mauka and makai. I saw in your
report and I haven't read the whole thing yet, but some recommendations that the
Council address that issue in some form or fashion. I am very interested in that and
thought I would give you an opportunity to say more about that or if you wanted
to...
BERYL BLAICH: Councilmembers, good morning, I am Beryl Blaich a
commissioner and we are taking turns answering questions, so you can get to see
several of us. Yes, the 2005 report prioritized resolving issues regarding access and
we also did an addendum making recommendations because that was really the
public's strongest priority and ours. Subsequently, there have been legal questions
about the role of the Commission to address and to resolve access issues, and legal
questions also regarding the role of the Planner to be able to do that. So that is why
we looked at what are the current possibilities and we recognized the Council does
have the discretion to investigate access issues and the fund may be used for that
purpose. We are also working with a facilitator, Nadine Nakamura, the consultant,
that Jean mentioned to try and look at our mandate, and whether it can be
expanded to address these issues or at the very least to assign that responsibility to
the appropriate entities.
Mr. Bynum: I appreciate that answer. I know the Council has
done some of that... paid attention to some of those issues over the last few years,
but unfortunately, not to great success at this point in terms of actually improving
access to those areas that you guys identified in 2005. Would you agree with that?
COUNCIL MEETING. - 6 - ~ March 13, 2009
Ms. Blaich: Yes, I would agree with that and I think that is why
we also made the recommendation that we convene some kind of a County process,
a task force, to really examine the access issue, and to look at all of our options for
acquiring access that we have lost or to incentivise creating access in the future.
Mr. Bynum: And I very much appreciate that the Commission
has responded to the best of your ability to the concerns that come from the public
that may (inaudible)... current mandate as in the ordinance. I am really pleased to
hear that you are going to provide us in the future recommendations about perhaps
using all your good work to better affect by expanding the mission and the role of
the Commission. I heard that correctly, right? That is something we would be...
Ms. Blaich: Yes, we intend... when this work is completed and
this work doesn't just entail the Commission. Ms. Nakamura is talking with all the
components and agencies that would comprise an effective open space program for
the County that includes yourselves and we intend to present a report when that
work is concluded.
Mr. Bynum: So I really appreciate that is forthcoming and
without knowing the details, I am very supportive of the concept of having the
Commission be more effective for the community by perhaps expanding those roles
and to what I think a lot of us thought conceptually would be the role. And then we
ran in, as you mentioned some ambiguity about what is the legal role, so I hope we
have an opportunity to clarify that. I want to thank you very much for the work that
the Commission has done.
Ms. Blaich: Thank you.
Chair Asing: Let me follow up on Councilmember Bynum's, you
know, so-called opala problems. I have to tell you that I continue to right now,
today, I am very disappointed. The reason for this fund being set up was exactly
that. That was the start because the general public was so concerned about loss of
existing, supposedly, beach right-of--way, mountain right-of--ways, that the County
had and so this was passed for that reason.
Ms. Blaich: Correct.
Chair Asing: Number 1 reason and the number 1 issue until
today has not been handled. I am really upset at that and I see the Commission
going in other areas, and they continue to go in other areas which I agree by the
way. I don't disagree with the areas that you are going into, but what is happening
to our number 1 problem. We have many so-called beach and mauka access points
that supposedly are public access, but we were not able until today to substantiate
this, get the paperwork together, put it together, and get it done, recorded, to make
sure this so-called area here is now legal and here it is. Here is all the paperwork.
That was the reason for the setup for this fund and that is why it was passed. It
COUNCIL MEETING • - 7 - • March 13, 2009
was put as a Charter amendment for that purpose. You know, I guess I continue to
push this issue and because it is the number 1 issue. I have to go back into what
this Council in that period of time felt it was so important that we did that... that
we made that move for that. I continue to see it on your report and, you know, I am
not happy at the fact that when I see access to see other Commission findings...
access to beaches as well as mauka access continues to be a primary public input
concern. Unfortunately, the Open Space Commission has not been able to address
and resolve public questions and concerns regarding issues and project relating to
enforcement and recordation or governmental jurisdiction of previously utilized
accessways including traditional and historic paths and trails.
You know, what do we do with this? You know, I think you've made some
recommendations, but I would suggest that you put a lot of emphasis in this area
because that is the reason this was formed. So I just want to let you know how I
feel and I have to go back into time, and sit here and remember the times that we
felt... I mean look at all the right-of--ways to the mountains and the ocean that we
were supposed to have and we continue to be losing them. And then we decide, hey,
let's do a fund. Let's set up a special fund, so that we have money now that we can
tap and gain access to, so that we can get some of these issues handled. That is
where I am coming from. I have to go back and I am sitting here and saying, you
know, we have been going through this over and over. The public keep on coming
up, eh, I used to go down this beach down here, and today I cannot. It is all fenced
up, it is overgrown, what has happened? So I am kind of rambling right now, but I
want you to know that, you know, I go back in time and say I know what this fund
was intended for in the beginning. Going back in history and so I have these
concerns. With that, Councilmember Furfaro?
Mr. Furfaro: Thank you. Chairman Asing, there are 3 of us that
are on this Council that were behind this bill. Chairman Asing, myself, and
Kaneshiro. I just want to point out that it was a (inaudible) bill that the Chair is
absolutely correct that started even during the time of Hooser's attendance on the
Council. But for the benefit of the new County Attorney who is in the office here, I
do also want to say that the financial indicates that there is at least $62,000 surplus
from this year unspent from the '/2% that was earmarked for administration. In
that administrative fee, the intent was for what the Chairman refers to as the low
hanging fruit. Those items that we know have history as public access. You were to
be able to substantiate assistance from the County Attorney's Office, you would be
able to use that administrative money for title search, things of that nature, surveys
by the engineering department, and so forth. And so I think that really needs to be
revisited and I share that with the County Attorney because the fact of the matter
is, I am hearing from an administrative point... they are getting these restrictions
on that fund. That fund is in their budget and that fund by ordinance was
earmarked specifically for that purpose. And so, I mean, we need that money used
to investigate the low hanging fruit and get the support from the County Attorney's
Office to revisit that. So I know I am revisiting what the Chair said, but it is
extremely important and, Mr. Chair, if we need to send over a communication on
COUNCIL MEETING. - 8 - ~ March 13, 2009
the reminder of that, I would certainly think it would be appropriate and we do
have a new County Attorney.
Chair Asing: With that, let me get Kawakami in there.
Councilmember Kawakami?
Mr. Kawakami: Hi, good morning.
Ms. Blaich: Good morning.
Mr. Kawakami: I have a question on the process. What is the
criteria and the process for prioritizing these locations that you guys are kind of
looking at?
Ms. Blaich: I can answer that too. There were 219 surveys
completed and 209 of those were completed using the online survey this year which
was a new process and 10 were filled out by hand. And then we have a site
assessment form and it is actually included in your... in the report. We went
through... there were 161 sites nominated and we went through all of those 161
applying the assessment form to them and of those 21 sites kind of rose to the top
with the sort of numerical weighing of the assessment form. And then after that,
we re-looked at all the other... the 21 sites kind of closely and then what we also
really, really weighed this was likelihood of success or kind of feasibility. Is it likely
that these could actually be acquired or protected and the... some of the things that
we looked at when we... in the category of likely as to its success is, is there a
willing landowner? Someone who is actually willing to sell a parcel or an easement
and is there a possibility of a partnership. If you don't have enough money in the
fund, can money be pulled together from other sources or... because they are
partnership for management and then the other thing that sort o£ that we looked
at is, is there a community group who is actively working to either protect this site
or to manage the site. And another thing that we looked at is, is the site really
threatened. You know, is there imminent construction or some other threat that
means that this should be addressed now, so I hope that answers your question.
Mr. Kawakami: You know, I am looking at the 2007-2008
recommendations and in Appendix F, you have more field reports that are not on
this, so there is a possibility that this list is going to change the priority projects. I
mean because this is a working Commission and you are looking at some other
locations now, what is the possibility that some of these priority project
recommendations may drop into secondary to be bumped by some of these new
locations that you are looking at?
Ms. Blaich: I would say that it is probably improbable at the
time because one of the things that you may notice about the secondary
recommendations is that they were probably less feasible, most of them. They are
what we would say are more high ticket items with the possible exception of the
•
COUNCIL MEETING - 9 - March 13, 2009
Holban easement for which there was money from the Kukui`ula conditions when
the development was established. That money was... as you know from our first
report, held for a certain amount of time for a community project and then if it
wasn't utilized for acquisition of open space or an easement, during that time, it
was to be applied to improvements for the Koloa... Po`ipu Beach Park. So in answer
to your question, it is unlikely that the secondary recommendations would rise to
the top, but that is a really important point that you bring out. The real estate
market is always changing and prices are going up and down and people are
wanting to sell, you know, unexpectedly, and those all create the picture that you
are have to look at when you say where should we act, can we act.
Mr. Kawakami: Thank you. Thank you Mr. Chair.
Chair Asing: Thank you. Councilmember Bynum?
Mr. Bynum: Yea, I want to go back in history a little bit and
clarify some of the things that we are talking about here because, you know, I
brought up this question about the opala issue because of what the Chair said, that
that is where we started, that is where the biggest energy was. As I stated and I
think you agreed, we haven't had much success here several years later, but I...
Ms. Blaich: I think zero would be correct.
Mr. Bynum: Yes, okay, so I want to be clear about and I hope
this is the year that we get our act together on this and give you the support that
you have been seeking since 2005 because as your report also states right below the
paragraph that the Chair read. The Commission has been informed that its
enabling legislation precludes the Commission from addressing these issues and
making recommendations to address these issues in this report. Now that was a
legal opinion?
Ms. Blaich: Yes.
Mr. Bynum: So I want to put the responsibility where it lies...
that your Commission has been telling us this since day 1. There was a lot of
discussion and the public can read the first... the second report, the third report,
that a lot of these access issues, perhaps are not just best solved by buying them by
money, but by asserting our legal right to these accesses, right? And that requires
administrative support, legal support... I think your first report suggested that we
use the funds to hire attorneys, to hire... and then, well, we are going to hire you a
staff person, so I have to ask the question. You had a Planning staff person for a
number of years and did that person get involved in these opala issues in trying to
address how we can do this administratively?
Ms. Souza: Yes, and actually when the staff person was first
hired, he indicated that this was a priority project for him with our support. We
COUNCIL MEETING. - 10 - • March 13, 2009
stand with you in the frustration. We cannot tell you the number of hours and the
level of frustration that we have had personally and in the meetings in not being
able to address this. We continue to believe that this is a tremendously important
issue and have been... how can I say it? Strongly discouraged from even having
this item on our agendas. So the legal opinion has been extremely limited and we
have been told repeatedly that our 2 things that we can... there are 2 things that
are part of our kuleana based on the ordinance. One is to get public input and, 2, is
to come up with the priority list for acquisition. So if it is to do research on
something to see if there is a problem... if there is a situation where maybe people
could be brought together to discuss something or to resolve things, we are not able
to address that based on the legal opinion of what our role is. So we have been
fighting and I hate to say this... with our folks on this issue and we have repeatedly
told them that it is a priority of us and a priority of the Council to address this. We
hope that in the coming months in a joint consultation with you folks and the
Administration, we can come up with remedies, so that we can legally address that.
But we stand with you in terms of the frustration and the need to get it resolved.
Mr. Bynum: It was important to clarify that. You have made the
efforts and I will just say it more bluntly, your hands have been tied.
Ms. Souza: And actually the staff did spend, I would say, off
and on perhaps about a year getting some information on some of the sites from
that list. And then at one point, we were not able to get from him a status report on
his efforts, and any information on that project was shut down to us. So we were
denied even status reports on it and many of the Commissioners, about half of our
Commissions now are relatively new... have been with us for I would say about 2
years. They don't have any information on it because the staff has refused to give us
information on it, and we have not really been allowed to put it on our agenda.
Mr. Bynum: Even the paragraphs here in the report that
address this are maybe controversial then if you are being told not to...
Ms. Souza: And the wording that we chose to put in the report
was based on the legal advice that we got at our meetings. We had wanted to say
that the Open Space Commission recommends such and such, but was told that was
not part of our mandate that is why we had to say that the Council could use the
moneys to do this, but we couldn't say that this was our recommendation. So that
had to go through legal review to be in here and that is why it is stated the way it
is.
Mr. Bynum: Wasn't it nice that we have a public forum where
we can just speak what we want to say. You know, I want to be really clear that I
am very pleased with the Commission and its attempts to address this issue, but it
really falls on the Administration and this Council to give you the... to untie your
hands and to give you the support that you need. I will personally take some
responsibility... we have discussed this, but I could have authored legislation to try
COUNCIL MEETING • - 11- • March 13, 2009
to do that. I hear that you are working on that and I will be anxious to support it,
but, you know, you have been telling us all along that this is a problem and you
haven't received the support in my opinion that you needed from either branch of
government to solve this issue.
Ms. Souza: Yes, and to, you know, the... I think we all enjoy
working with it normally... working on public access issues, but, you know, it is a
new thing. It is a new way of doing business for the County, so although we are in
the Planning Department and we are supported by the Planning Department, I
think they themselves have been feeling their way through this and the
Administration as a whole doesn't quite know how to work it through. So we are
hoping that the consultation with both you folks and the Administration can result
in not only possible changes to the ordinance, but also a better defined process to
get projects going. But as you say, our track record is zero at this point.
Mr. Bynum: Unfortunately, and there are efforts that we can
take on some of those specifics which I am sure that we are not going to get into
today and there are some efforts being made on some of those specifics. But I want
to make sure that we are not holding the Commission responsible for the lack of
movement on these opala issues because that is where you went to first, that is
where you said, and even now having to go through legal review about how to say it,
you are still saying to us, and so I think you...
Ms. Souza: We are tenacious about this, but...
Mr. Bynum: Yes, you are.
Ms. Souza: You know, it is hard to... even what I am saying
now is being a little bit cautious.
Chair Asing: With that, thank you. I have a question from
Councilmember Kaneshiro.
Mr. Kaneshiro: Thank you. Mr. Chair, I really don't have a
question, but I wanted to go back to the report itself and congratulate the
Commission itself for putting together such a good report. I know we have some
issues as the Chair had brought up, but we have some concern about. We were in
the process when this bill or ordinance was adopted, and later on voted by the
people of Kauai. So perhaps my suggestion would be that we get into further
discussions with that, again, with a communication, and say to the Administration
on this specific bill. But for today's agenda item, I just want to say, you know, of all
the efforts that each and every one of you have put together that brought a product
before us here today. I know that we are going to be making some decisions shortly
on some land acquisitions. As Mr. Furfaro has stated out also and also
Councilmember Bynum, the whole intent, again, was basically to identify where we
felt was really important for the people of Kauai because we were losing the
COUNCIL MEETING - 12 - ~ March 13, 2009
accesses to beaches and mountains. The focus may have drifted off on that a little,
but in regards to opinions that you have had. For me, you know, at the same time,
the Commission has continued to go on and try to meet some of the requirements
that this ordinance had put forth. I just want to, again, thank each and everyone of
you for doing that... for accomplishing that. As I stated to the honorable body
today, I think perhaps we will take that up with a different communication, and
have a whole separate discussions on issues like that.
Ms. Souza: Thank you.
_ Mr. Kaneshiro: Rather to (inaudible) into such a good report that
you have put together today, so thank you.
Chair Asing: Thank you. With that, Councilmember Kawahara?
Ms. Kawahara: Thank you. Thank you for coming before us and I
just want you to know that I support your Commission very strongly. I believe the
ordinance that was put in place was something that we really do need. Maybe it
needs to be strengthened to help you do your job better. I was a little dismayed by
or the thought that maybe there were some Councilmembers that weren't thinking
that we were getting anything done was what I was hearing, but I have the 2005
report to us which is kind of substantial. There are 105 listings here of what you
identified through your hard work of public access points that you needed to...
wanted us to look at. I am new so I can't really say, but I don't know if we helped.
Did we even have any help... give any help to you on any of these 105 access issues?
Ms. Blaich: Thank you Councilmember Kawahara. Actually,
the list that you are looking at of the 105 access points is a list that was created by
consultants to the County in 1990 and 1991, and that shows you how very far back
there has been public concern and also there has been concern by the Council to
fund this project, and to identify what was an existing access, what was a potential
access, what was a desirable access. So that is a very invaluable list, but, you know,
so many years have passed between that point and now and each one of those will
be re-looked at.
Ms. Kawahara: So you can see that these things that we could look
at and help the Commission with to help with gaining access.
Ms. Souza: I'd like to answer your question and Councilmember
Kawakami's question at the same time. We don't start fresh each year. We try to
build up on what we have done in past years, so I think we have refined the list a
little bit, but you need to see all 3 reports together to see the... to understand I
think a good assessment of what the situation is and what our opportunities are. So
I wouldn't say if you had to choose anything, I wouldn't necessarily say to choose
from that list of 105. If you could direct your attention to this list of 6 in the priority
or the list of 2, 4, 6, in the secondary, I would direct your attention there. But we
COUNCIL MEETING ~ - 13 - • March 13, 2009
have tried different ways to present the information to... in a way that we think
might be most effective for you, so this year we prioritized the primary list in a 1
through 6 manner with the hopes that we could get something done.
Ms. Kawahara: You are going... guidance on how to help you, so we
should try to do that.
Ms. Souza: Thank you.
Chair Asing: With that, thank you.. Councilmember Kawakami?
Mr. Kawakami: I am sorry, but there was an implication that some
of the Councilmembers maybe considered the permission not to be effective. I don't
think that was necessarily a true statement. I think when you stated that your
mission was is identify and also prioritize based on the Charter, I think you guys
are effective, so I am not sure where that came from, but I just want to say that I do
feel based on what is in the Charter that you guys are doing your job, that we need
to tighten up screws on our side to support.
Ms. Souza: I think we all recognize that it is a tremendous
problem and that there are different ways to attack the problem. The strategy has
been laid out for us is available, but in looking at the 3 reports, you know that there
are some frustrations. There are areas that could be improved, so I think in order
for us to attack the bigger problem, a portion of it through the Commission and
through the fund, I think we can fine tune that and we look forward to working with
you on that.
Chair Asing: Thank you. With that, Councilmember Furfaro?
Mr. Furfaro: Thank you Mr. Chair. Ladies and everyone on the
Commission, thank you for your work. Just so that we can clarify the issue for
those that do not necessarily have some of the history. I know there are some of us _
that have been very supportive of the Commission. In fact, as I have referenced
earlier, when your administrative money was set aside, we had discussion, we felt
that wasn't sufficient to give you the right Planner. We introduced a separate bill
to identify a Planner. We also had some lengthy research on this... the issue that
the County has with the State with the old roads in limbo, so I just want to reassure
you that there has been some activity here, but more importantly, I think we have
the new County Attorney sitting in the office here with us, and I did hear from
Councilman Kaneshiro that through the Finance Department, a correspondence will
go over to the County Attorney's Office to clarify the administrative control of that
1/z%. Quite frankly because there is not. any line items in the budget for your
department like all. the other departments, my interpretation, Mr. Castillo is that
1/2% was oversight for the Commissioners because that 1/2% was basically approved
in the budget. Now on the flip side, I need to make sure that the Commission
understands... don't mix that funds understanding with your ability to do title
COUNCIL MEETING. - 14 - ~ March 13, 2009
searches or surveys with the fact that it is only the Council by Charter, and we
cannot give away our authority to allocate additional money to a Commission. That
has to be here. The Council controls the General Fund, the Council controls the
reserve amount by Charter on the actual acquisition. When it comes to acquisition,
you recognize the pieces that we want to pursue. We have one of those on our
agenda later today, but not to be confused with the administration of getting the
reports, the understanding, the priorities set by the Commission that they control
at their direction that 1/2%. That is their line item for spending and no different
from the Liquor Commission, nor different from the budget amount for the Police
Commission. You know, right now, there is $62,000 sitting there that I think that
the intent of the legislation was to allow them to direct, but at the same time, I have
to share some caution that this Council cannot give away its power for the
acquisition of the actual land nor any authorization to spend from the General
Fund. That is clearly by Charter, the Council's authority. Thank you Mr. Chair.
Chair Asing: With that, I want to thank the Commission for its
report and the discussion today was good and it was healthy, and I think it brought
up a lot of points. I guess we will be sending a communication over and maybe we
should be talking a little more and try to work something out, but thank you for the
excellent report and for all the hard work that you folks do. I appreciate it.
Mr. Furfaro: Thank you very much.
Chair Asing: With that, I would like to open it up to the public.
Is there anyone that wants to speak on this item?
RUPERT ROWE: Good morning Council and you new fellows up there
and women, and our new attorney. How are you bruddah? Anyway, I would like to
add to the Open Space Commission that... By the way, my name is Rupert Rowe.
Thank you Dickie. Walaau, let's go. Okay, I am involved with the heiau
Kaneiolouma down Po`ipu and I believe it is very important that we take a greater
look at these priority to be moved very forward because as things that are
happening on the southside, we need greater attention to look at our past, so that
there is a future on the cultural and historic site that we are trying to work with the
State and Federal government right now on putting it on a historical preservation.
So that is all that I have to say about what is happening and if there is a time
available with you folks, I sure would like to sit down with you folks, and discuss
this.
Chair Asing: Thank you. Is there anyone else who wants to
speak on this item? Councilmember Yukimura?
Mr. Furfaro: You made the same mistake I had made out of
habit.
COUNCIL MEETING • - 15 - • March 13, 2009
Chair Asing: Well, I do not feel it is a mistake. It is an honor to
have you here again.
JOANN A. YUHIMURA: Thank you.
Chair Asing: As far as I am concerned, titles go with things that
you have earned and you have earned it, and if I coin it to you, it is for a purpose.
Ms. Yukimura: Thank you Chair Asing.
Chair Asing: With that...
Ms. Yukimura: Good morning Chair and members of the Council,
new County Attorney. My name is JoAnn Yukimura. I am here today as a citizen,
but also as a former Councilwoman who had the privilege of working with people
like Ms. Blaich and Ms. Souza, and others to shepherd the Ordinance 812 which is
the implementing ordinance of the Charter amendment. I want to really commend
and thank the Open Space Commission for their very hard work and their very
conscientious way of creating the Commission's work process because they are a
relatively new Commission. They have been in existence only since actually I
think... although the Charter amendment passed in 2002, the implementing
ordinance passed in 2003, and I think it was almost 2004 before the Commission got
to convene to start its work. They were very good in setting up the process
including the public and consulting with the public, and then identifying, and
prioritizing the work for Open Space acquisition. The frustration which I hear and
share from all of you and from them is that it is only half of the work that needs to
be done. The second half is actually to go out and acquire these pieces of property or
public access, and as Ms. Blaich said, the record is zero. Nothing has really been
done. I want to say that... and the Chair has also said, getting the paperwork
together, where is that, why isn't that happening? I want to say that it is really
been a lack of leadership from the Mayor's Office and the Planning Department,
and that. work could be done today without any changes to the ordinance.
The Mayor could put together and I want to acknowledge that we have a new
Mayor, but this issue has been existing for quite a while, and it really is an
administrative kuleana now. Once the money has been set up, the Open Space
Fund, the priorities have been identified, then it is an administrative matter to go
research the issues, negotiate, bring court lawsuits, whatever it takes. That is all
administrative and I am sure if Chair Asing had been Mayor longer, he would have
put together this swat team like he did for Salt Pond, but the swat team for that
would consist of Planning, Public Works, and the attorneys, and in consultation
with the Open Space Commission would have started working and ideally knocking
off the list, so we can check off, this is done, we have acquired the access here, we
have acquired the access there... putting this team together to get that work done,
and that is what really needs to be done, and can be done starting today without
any changes to the ordinance.
COUNCIL MEETING - 16 - • March 13, 2009
Now there may be some changes you want to make to the Commission's
scope... like they could be involved in developing an Open Space park plan. I have
seen that done in other areas, and their consultation powers may need to be
expanded, but the work can be done today with some leadership.
Chair Asing: Thank you. Councilmember Furfaro?
Mr. Furfaro: Yes, former Councilwoman, first of all although I
can say former Mayor, but JoAnn as a friend.
Ms. Yukimura: That is good.
Mr. Furfaro: I want to say thank you very much for your
testimony today, but I think, you know, this is one of the reasons at the time, you
know, I jointly introduced the bill fund, so that they have their own Planner. I also
want to remind us that we do in the budget now have a Park Planner, but quite
frankly, you know, I think you summarized the issue. There is money there to do
the basic administrative queries on pieces that are low hanging fruit that this
Commission should have the authority to direct that money to be spent for that
reason.
Ms. Yukimura: Yes.
Mr. Furfaro: And it is that administrative amount that should
not necessarily always be looked over by the shoulder of this Council. It is like a
budget line item.
Ms. Yukimura: That is right.
Mr. Furfaro: And that you are concurring with me.
Ms. Yukimura: The administrative moneys that are set aside each
year could be accessed by this team that... this administrative team to do the legal
research, surveying, you know, whatever needs to be done, and that work could be
done in coordination with the Planning staff to the Commission as well as
consultation with the Commission.
Mr. Furfaro: Thank you very much.
Ms. Yukimura: Thank you.
Mr. Furfaro: Thank you Mr. Chair.
Chair Asing: Is there anyone else? If not, I'd like to call the
meeting back to order.
COUNCIL MEETING ~ - 17 - • March 13, 2009
The meeting was called back to order, and proceeded as follows:
Chair Asing: Can we have a motion to receive?
Mr. Furfaro moved to receive C 2009-103 for the record, seconded by
Mr. Kawakami.
Chair Asing: Any discussion? Councilmember Bynum?
Mr. Bynum: I very much appreciate the Open Space Commission
being here today and I am glad that we got into some dialogue that reveals the
frustration that I think all of us feel. As the Chairman said, the reason for this was
originally in his mind and the Council's idea was access denied. We have this list of
hundred... I know the Open Space Commission identified... I can't remember the
exact number, but 30 or so in the first year, and they recommended that this was
our top priority before we started talking about using this fund to acquire new
beach land or new park. Let's get to the land that we used to get to that we can't
anymore and I think their efforts on that... that they have illustrated today have
been totally frustrating. You read this report and they had to use nuance language,
but basically it says that they have been informed that they are precluded from
doing that. They say that it is now allowable for them to do that and they are going
to come to us eventually and they are working on that to ask us to untie their
hands. In the meantime, we have put considerable resources into this. We have
other Commissions in the County of Kauai who have considerable power. The
Planning Commission approves development. They hire and fires the Planning
Director. The Fire Commission hires the Fire Chief. We need to give this
Commission the authority that it needs to have all that good work honored. I don't
know exactly what they have in mind, but I would like to see this Commission
review all new development proposals for their impact on access and make
recommendations. I'd like to see them really have their work honored. We have a
full-time Planner that was available to them for a period of time and you just heard
them say that they are not... the new Commissioners aren't even allowed to get a
report on what work may have happened. This is not right and we need to give
them support and I don't think Councilmembers (inaudible) to answer your
question... Councilmember Kawakami, we are being critical of the Commission... I
think we just brought that up to say that... I wanted to bring it up to say, to make it
clear that the Commission has pushed on this issue, has moved forward, and if the
frustration is something that is all of our responsibility in government...both the
Administration and the Council to help empower them. I am looking forward to
this year and we do have a new Administration, and as much as I appreciated
working with the previous Administration, there is no record of success on this
issue. Thank you.
Chair Asing: Thank you. Any further discussion?
Councilmember Furfaro?
COUNCIL MEETING. - 18 - ~ March 13, 2009
Mr. Furfaro: Yes, Mr. Chair, although we are going to receive
this item today. Would it be our intention to have Mr. Kaneshiro follow up on this,
the financial question, and eventually, do you see this staying in Finance or do you
see it coming over to my Committee?
Chair Asing: It doesn't matter to me. It could go either way.
Mr. Furfaro: But it is Mr. Kaneshiro that will follow up on the
financial question.
Chair Asing: Yes.
Mr. Furfaro: Thank you.
Chair Asing: With that, Councilmember Kawahara?
Ms. Kawahara: I just wanted to also acknowledge the hard work of
the Commission and also thank the Chair for pointing out the emphasis at the
beginning was placed access and access points. With that in mind, I hope... right
now, the 6 priority recommendations are acquisition stuff. I am going to be looking
back on the other 2 past reports to see what access issues can be done without
having to do acquisition type things and kind of address that. Thank you.
Chair Asing: With that, all those in favor say aye.
The motion to receive C 2009-103 for the record was then put, and unanimously
carried.
Chair Asing: We are going to take the caption break at this time
and we will be back and then the first item on the agenda will be the
communication C 2009-100 which is the communication from Kane Pa with respect
to the Reinstated Hawaiian Government process, so with that we are going to take
a caption break, and we will back and that would be the next item.
There being no objections, the Chair called for a recess at 10:24 a.m. The meeting
was called back to order at 10:40 a.m., and proceeded as follows:
Chair Asing: With that, Mr. Clerk, can we have the next item
please?
Mr. Nakamura: The next matter on the agenda is communication
C 2009-100.
COUNCIL MEETING ~ - 19 - • March 13, 2009
C 2009-100 Communication (02/04/2009) from Mr. Kekane Pa, along with
Mr. Henry Noa, requesting agenda time to inform the Council of the "Reinstated
Hawaiian Government" process:
Chair Asing: With that, the rules are suspended.
There being no objections, the rules were suspended.
Chair Asing: Good morning, aloha.
HENRY NOA: Howzit, you can hear? On behalf of Mr. Pa, I would
like to say that he sends his apologies that he couldn't make it this morning because
he just started work, you know, and he just couldn't get off today. So in his place, I
guess I get to take his time and... I'd like to introduce myself, first of all. My name
is Henry Noa and I am actually a school teacher. I was a school teacher okay. I
taught Hawaiian History, U.S. History, Physical Education, and currently I am
actually serving as an elected Prime Minister for a Reinstated Hawaiian Kingdom
government which currently has a National list of almost 250 of us and a citizen
application list of almost 5,000. The presentation that I present today to you is
really a follow up that I had forwarded to the County Council... I believe it was in
last May. Of course for the new members, I do have a service paper that I would
like to convey to you and that is to Councilmember Bynum and I believe Ms. Lani...
I can't see your last name... Kawahara. Basically, what I... the purpose of
forwarding this legal notice of authority was to assist you and understanding how
we manifested...
Chair Asing: Hang on. Yes, Al?
ALFRED CASTILLO, JR., COUNTY ATTORNEY: Council Chair, I just wanted
to let you know that...
Chair Asing: Get the mike please?
Mr. Castillo: Council Chair, Al Castillo, County Attorney. I am
sorry to interrupt you.
Mr. Noa: No problem.
Mr. Castillo: However, I just wanted to let you know that you
were just informed that there may be some documentation that you... they are
requesting that you sign. I am thinking at the appropriate time, if you want to go
into executive session, so I can give you legal advice on the nature of this document
and what to do, then that is your call. But I just wanted to give you that
information.
Chair Asing: Okay, no problem. With that, continue please.
COUNCIL MEETING - 20 - ~ March 13, 2009
Mr. Noa: Within that document that I forwarded to you was
basically describing how we manifested our former inherent sovereignty and a part
of the document actually provides laws that were passed by U.S. Federal
government and the State government that actually assist our process in its
manifestation phase. The most important point that I wanted to point out in the
presentation was the value of international law because that is the law that
encumbers all nations throughout the world. You know, people have different
perspectives of international law and you have a right to that. The question that I
always raise is this: you know, we came a long way as human beings, you know,
and if you look into past history, you will find that we were once uncivilized and
that because of that uncivilization, it was always the strong that conquered the
weak. Now it is demonstrated even through this present day that strong nations
have a tendency of overcoming weaker nations, so really, it has not ended. What
has advanced is international law and that has provided civilization. That has
provided a foundation for us to be civil among human races. If you stop and think
about it, how you would expect every nation to communicate with each other having
their own differences, their traditions, their customs, how will they be able to do...
(inaudible) commerce... how would they be able to communicate with each other.
Now this all came about through international law and it was within these
laws that I ended up learning. It became more than a hobby of mine, but in reality,
this was the law that now had set the foundation for our reinstatement of our
former inherent sovereignty. It is based upon these principles, so in my
presentation before I begin, I have a PowerPoint presentation that I want to share
with you, but I have a preliminary letter that I want to read to you. This is what it
states.
Aloha, my name is Henry Noa and I am the elected Prime Minister of the
Reinstated Hawaiian Kingdom nation. I want to thank you for this opportunity to
share my mana`o and also that of our Hawaii Nationals to reclaim sovereignty in
our homeland through the efforts of reinstating our nation and its rightful
government.
Since that fateful day of January 17, 1893, the Kanaka Maoli people have
strived to reclaim their nation through one effort or another only to be denied or put
on hold. This I believe is a result of not comprehending the full spectrum of how the
proper authority of law works through international law principles and how these
principles are applied.
Past applications and current proposal offered to the our Kanaka Maoli
people confirms how ignorance of the proper application of international law has led
our people and will continue to lead our Hawaiian people into a paradox of applying
or accepting "imperfect right," which is a key principle in international law.
COUNCIL MEETING ~ - 21 - ~ March 13, 2009
The principle of imperfect right occurred when the Hawaiian people asked
the United States Government/Congress to return their sovereignty. "The principle
of imperfect right cannot compel the corresponding fulfillment of obligations."
(Emer DeVatrtel, Law of Nations, Intro. P7). Now it will easily be understood why
a right is always imperfect when the corresponding obligation depends upon the
judgment of him (the offender) who owes it. In other words, in simple English,
(inaudible) was asking the country who stole our country to give it back to us and
what was occurring through that simple process was that we were violating our own
perfect right under international law.
For years, all proposals generated from the Kanaka Maoli people in pursuit of
sovereignty was tainted because they were asking for the return of their
sovereignty, the application of imperfect right. As Senator Dan Inouye stated,
"sovereignty is inherent in the people." Even today, our Hawaiian people are in the
same situation of imperfect right through the Akaka Bill legislation, which
Hawai`i's Congressional leaders are hoping to pass in the U.S. Congress. The Akaka
Bill is a clear example of how the Federal government and the State of Hawaii
government continue to mislead our Hawaiian people in believing they must ask for
their sovereignty through such legislation as this.
The Akaka Bill is a pretense of sovereignty that is not only imperfect right in
its truest meaning, but also outright absurd. The paradox is, where in any civilized
nation's justice system can the perpetrator of the crime dictate its own terms and
conditions in judgment or final decision?
This is surely the situation presented in the Akaka Bill legislation. The
United States (the perpetrator and participant that stole Hawai`i's sovereignty) is
now offering a solution, dictating the terms and conditions, and predetermining the
type of sovereignty the Hawaiian people should possess. If any of you have read the
Akaka Bill, it can be easily determined that true sovereignty is not the offering, but
rather a process that is subjugated by U.S. Federal and all other laws currently
existing in Hawaii. The Hawaiian people are already subjugated to these laws.
Today, I come before you to explain how the reinstated Hawaiian Kingdom
Nation/Government was manifested through the international law principle of
"perfect right." This principle is the opposite of imperfect right. The difference is
that perfect rights are those rights which carry with them the right of compelling
the fulfillment of the corresponding obligations, the obligations that link the
reinstatement process directly to international law as applied to nations and former
recognized nations.
The following presentation describes how the principles of international law
play a key role in the reinstatement process of the Hawaiian Kingdom
Nation/Government, and how specific laws passed by the U.S. federal government
and the corporate State of Hawaii lend credence to our efforts. Mahalo Ke Akua for
COUNCIL MEETING - 22 - ~ March 13, 2009
this opportunity to speak to all of you. At this time, I would like to present the
PowerPoint presentation. Thank you.
I mentioned in the letter that sovereignty is inherent in the people. You
know, Dan Inouye's quote relates to a principle of international law. Okay, this
principle is if a nation throws off the yoke of oppression itself and sets that liberty
the right to govern, it re-enters into the enjoyment of all its rights and regains its
former position. Okay, Dan Inouye, I can tell you, he has been in office longer than
I think my kids have been alive, and he has assisted so many other countries
reinstate their sovereignty. You know, we had asked him a question, why isn't he
assisting our Hawaiian people. You know, Dan Inouye never really answered that
question for us, but this is what he said. That this process can proceed without the
involvement of the Federal government. Indeed, many have suggested that the
process of reorganizing the government is to represent the native Hawaiian people
should proceed without the involvement of the United States. You know, we
actually adhere to this. It says that we don't have to wait for the United States to
tell us what is rightfully for us to do. We just need to go out and do it. The question
that I believe is that there is confusion in our own communities and that is just so
much different sovereignty processes that I can't blame anybody to question. Well,
which one is it and this is the reason why I thank the United States government in
assisting the process itself and our illustrious Senator.
Proclamation reinstating the nation. Before any nation can reclaim what is
rightfully theirs, every nation made a declaration. The declaration of independence,
that was the document responsible for the creation of the United States of America.
Well, we also made a declaration back on March 13, 1999. Today marks the 10~
anniversary of this process... today is March 13, 2009. This declaration was sent
throughout the world to every nation. It was sent to the U.S. Federal government.
It currently sits in Federal registry and I just want to say that if you read our
declaration, you can understand that all it is about is the people of their land has
made their rightful attempt to reclaim what is rightfully theirs, and that is their
identity. That was stolen from us was our identity to be a nation. Maybe some of
you have Japanese orientation, you have Chinese, you have Filipino, whatever, at
least you can say that Japan has a nation. That these Japanese citizens, if they
wish to become a Japanese citizen, can go to one. In this world, we don't have this
in Hawaii. Us Hawaiians cannot claim national status, why, because that was
taken from us illegally.
Formal protest letter, key to reinstating sovereign nation. Again, I am going
to keep reiterating the power of international law because it played a key role in
what we are doing today. I did not, I am not the founder of reinstating our nation.
It actually began on the day that our Queen was being overthrown. And what
happened was she exercised a principle of international law. Okay, this is that
principle, the nation, the State, so long as it has not voluntarily submitting to other
men or other nations remains absolutely free and independent. On the very day
that our Queen was being overthrown, she filed a formal protest letter to the United
COUNCIL MEETING ~ - 23 - ~ March 13, 2009
States government objecting to the actions of the illegal overthrow of herself as the
Queen and her government. Unbelievably, at the last sentence, she uses the word
reinstate. We identify ourselves as the reinstated Hawaiian Kingdom government.
The purpose for that is to reinstate... it is a legal term (inaudible). What it means in
law to put back what was once there. So she started this process. We are just
manifesting what she started. U.S. public law 103-150 implied recognition. Now let
me remind you that U.S. public law is a law. You know, it wouldn't say that. It
would say U.S. recognition if it was a recognition bill, but this is a U.S. public law.
What makes it a law? According to Hawaii State Supreme Court Justice Moon
went 2 houses of the government of Congress, passed a resolution, okay, and the
President signs it.
According to the U.S. Constitution, that now becomes a law and this is
exactly what happened on November 23, 1993. Why is this law so important to us?
One, U.S. acknowledged participating in the overthrow. Can you believe that
somebody had the gall to admit that they stole a country? U.S. acknowledged the
existence of the recognized Hawaiian nation and government that is why I said, I
appreciate what they have done because they properly identified the claimant. It is
not kalahui, it is not nation of atui, this is the Hawaiian nation, Hawaiian
Kingdom, it tells you that in the government. You look in our past laws. It is the
Hawaiian government laws, it is the Hawaiian Kingdom, the Kingdom of Hawaiian.
That is the proper names. Now this is where the link is in reinstatement process.
U.S. violated international treaty and territory laws. This is in paragraph 8. U.S.
acknowledges the continued existence of the inherent sovereignty of Hawaii. You
know when I read that in paragraph 29, the question I asked, they acknowledged
that the inherent sovereignty still exists. The question that I had to ask myself is
here is this inherent sovereignty. Where is it? Okay, and then in the same
paragraph 29, U.S. acknowledges ownership of the national lands by the reinstated
Hawaiian government. In other words, when you read paragraph 29, the United
States openly stated that they don't own the National lands. This is in their law.
Hawaii State law support Reinstated Hawaiian government's perfect right.
If some of you read that... like I said the notice that was sent to you. In there has a
copy, Act 359... to acknowledge and recognize and to facilitate the efforts of native
Hawaiians to be governed by indigenous sovereign nation of their own choosing. In
1993, the State actually accepted U.S. public law in Act 2329... that Hawaii State
Legislature adopted the Federal apology resolution into their laws. In turn, they
ended up passing Act 359 and what Act 359 tells all of us is simply this. We have a
right to choose a sovereign nation ourselves. We didn't need to come to ask the
County Councils, we didn't need to come to ask the State or the Federal
government, we needed to act, and this is the reason why we decided to reinstate
the former inherent sovereignty of Hawaii.
What is also interesting is that in 1993... transfer 6K-9 which is an
administrative ruling. Transfer of Kaho`olawe. This is what it reads. The Hawaii
State Legislature states to wit... in administrative rules, 6K-9, upon its return, the
COUNCIL MEETING - 24 - ~ March 13, 2009
State provided that the State shall transfer management and control of the island of
Kaho`olawe and its waters to the sovereign native Hawaiian entity. Okay, all of
this is in play now. This has been in effect now for... you talking 16 years went by,
16 years, all of these laws have been effect. I think the difficulty on our behalf as a
kanaka maole has been to try to understand what was the value or what should we
reinstate or what sovereignty should come forward. That is the reason why it is
taking us 10 years because according to international law, there were protocols that
had to be met in order for us to fulfill, so that we now could begin the process of
reclaiming what is rightfully ours.
Paragraph 29... I mentioned that to you, but, again, let me reiterate this
thing to you. Whereas the indigenous native Hawaiian people never directly
relinquished their claims to their inherent sovereignty as a people or over their
national lands to the United States, either through their monarch or through a
plebiscite or referendum. I mean, you know, this is their law. They telling
everybody in Hawaii in the world that we never gave this thing up which means
that we being the Hawaiian government has the right to reinstate itself to reclaim
what rightfully belongs to that government. The island of Kaho`olawe is part of the
national lands that belong to the Kingdom of Hawaiian nation.
Perfect right and reclamation... to begin the process of reclaiming jurisdiction
and ownership of properties belonging to the reinstated Hawaiian government
without hindrance, oppression, or suppression. This was a notice that was put into
the newspaper on September 9, 2001. I think there is a more important date that
really coincides with this proclamation and that was September 11, 2001. You
know, that is a famous day in America. That is when the twin towers was born... I
mean wasn't born, sorry, it was bombed. You know, we did this 2 days. This is in
the Federal registry, 2 days before that date, why? Because according to
international law, you have to be given due process, you have to be given legal
notices. You know, and there was an opportunity to object to this notice. No
objection came in. None at all, but you know the part where the government
without hindrance, oppression, or suppression, the reason why that was put into
this legal notice because 34C that as we reclaim what is rightfully ours that they
will be defacto governments who honestly believe that it belongs to them. And we
talking about County properties, we are talking about State properties, and we are
talking about Federal properties. They honestly believe that these properties
belong to them or under their management or whatever. Well, this was purposely
put into place before we came forward, before we started to exercise or will start to
exercise the right thing for us to do.
The rule of postliminium under international law, okay, this is why
Kaho`olawe was actually executed. When a nation returns, that nation has the right
to reclaim property that belong to that nation. On July 31, 2005, the reinstated
Hawaiian government executed perfect right under international laws rule of
postliminium and reclaim the island of Kaho`olawe. There was an action done on
our government's behalf to reclaim our national land.
COUNCIL MEETING • - 25 - • March 13, 2009
Human rights violations... you know, I bring this topic up because I believe
this is what your concern will be. I think this is a very serious concern because it
affects you in your public capacity and your private capacities. Oppressive and
unwarranted action by defacto government officials of the State of Hawaii and the
County of Maui was in direct violation of the rights of Hawaiian nationals of the
reinstated Hawaiian Kingdom government in reclaiming Kaho`olawe. What that
refers to is this. When we went to reclaim our national lands, the State of Hawaii
who claims that they owned Kaho`olawe decided to execute their statutes claiming
that we trespass. When we issued that notice, we told them, please do not hinder,
oppress, or suppress any of our actions because we possess that perfect right. In
return since then, they have received multiple human right violations against our
nationals. Again, you know, I just want to share this with you guys that I seriously
think that you have to take consideration to this because human rights under the
U.S. declaration... the United Nations declaration is a high priority and not only
that, they finally have courts that can be addressed in the world. The world court
actually accepted and is today functioning, okay. And it operates under these
grounds that when nationals of a country is violated, those nationals have the right
now to seek remedy, yea, so that we now can have what I believe is justice. Okay,
because all these years, I truly believe that it was justice that has driven us to this
day. We feel as kanaka maoles that we continue being... we are not given this
justice. We have been given a lot of aloha or what they consider aloha... we have
been given a lot of lip service, you know, but nobody has come forward and seriously
is making this attempt to work with us. And that was one of the reasons why we
have moved forward on this... on these human right violations, and that is the
reason why I had requested this time to present to Council because we already... I
believe you have received human right violations already, and I can only share with
you that Maui officials just last week have received over 70 violations which has
actually activated our case. So on here, you guys have not received as many as
Maui. Maui has decided to take their own course and I told them good luck, you
know, because, again, it will affect you in your public and private capacities.
Perfect right and transition... the reinstated Hawaiian Kingdom government
issued public notices to inform the general public and the defacto governments, the
United States, the State of Hawaii, and the various County governments of the
lawful actions that the reinstated lawful government shall execute and pursue.
Again, this is another process on the international law and that is transition of
government powers. When the nation comes into existence, that nation has the
right to claim, reclaim all that belongs to it. It also has the right to initiate the
transition of government powers and this is what we move forward with. Okay, we
are here to offer to the Council a process that will initiate the transition of
government powers.
Transition of government powers... is a process of international law...
transitional government powers is a process of international law that proceeds the
return of sovereign powers from the defacto governments back to the rightful
COUNCIL MEETING. - 26 - • March 13, 2009
sovereign Hawaiian government. During this phase, terms and conditions agreed
upon to eliminate unnecessary oppressive and suppressive acts against the
sovereign reinstated Hawaiian government, and its nationals.
I think more importantly what you guys should understand. This will also
make it possible for you to avoid receiving these human right violations. Like I said,
we will present to you certain terms and conditions that I don't think are impossible
to work with, but it gives us an opportunity now to open dialogue to open diplomatic
relations.
Should Kauai County government officials be held accountable for the
continued denial of human rights owed to Hawaii Nationals or will officials of the
Kauai County government respect the laws that were passed by the U.S. Federal
government as well as the State of Hawaii. When I said themselves, I am talking
about the State of Hawaii. To date, numerous State and County government
officials received notices of human right violations due to oppressive and
suppressive actions conducted against Hawaii nationals.
To avoid receiving future human rights violations, the Kauai County Council
should pass a bill setting a moratorium against all suppressive and oppressive acts
against the reinstated Hawaiian government nationals. The Kauai County
government agrees to work with the reinstated Kingdom of Hawaii in the
transition of government powers. After being forced into 116 years of exile, the
County Council does acknowledge and recognize the perfect right of the reinstated
Hawaiian Kingdom government political authority in the occupied territory of the
County of Kauai.
A proposal to acknowledge and recognize the reinstated Kingdom of Hawaii
sovereign status, the Kauai County Council acknowledges the perfect right of the
native Hawaiian people to reinstate their former inherent sovereignty of Hawaii
without the aide of the United States government, and recognizes the important
role of these laws. One, the United States public law 103-150... the overthrow of
the kingdom of Hawaii. Two, the State of Hawaii law Act 359 to facilitate the
efforts of the native Hawaiians to be governed by an indigenous sovereign nation of
their own choosing. And three, international law of nations... if a nation throws out
the yoke of oppression itself and sets at liberty the right to govern, it re-enters into
the enjoyment of all its rights and regains its former position. I'd like to stress on
this point. If you really look at this, it actually tells you that laws have been passed
that you are not responsible for. You are not responsible for U.S. public law 103-
150. We are not responsible for passing State of Hawaii Act 359, so the question
that I would ask myself right now is if I am a Councilmember, why should I be
responsible for something that the higher governments have given to the Hawaiian
people.
COUNCIL MEETING • - 27 - • March 13, 2009
I think it would be a lot more easier for a Councilmember to say, you know
what, I think it is better that we do work out some sort of moratorium until we can
fulfill our obligations with the State of Hawaii and the United States of America.
Whereas, in United States public law 103-150, the indigenous Hawaiian
people never directly relinquished their claims to their inherent sovereignty and
their claims to the national lands to the United States. Whereas, the Office of
Hawaiian Affairs versus Housing and Community Development Corporation of
Hawaii, the Hawaii Supreme Court held that the apology resolution... U.S. public
law 103-150 and its sections are a part of the laws of the State of Hawaii. I know
right now this thing is being contested I believe at the U.S. Supreme Court. Okay,
the State of Hawaii Governor and the Attorney General's Office is trying to get the
Supreme Court to agree that the United States didn't steal Hawaii. That is what
they are trying to get the Supreme Court to eliminate public law... U.S. public law
because the United States didn't steal Hawaii. In fact, we got all the lands from the
new lands resolution. You know, this is absurd. I believe this is the absurdity that
we as civilized individuals should address. I mean it is the (inaudible) to me...
deception, manipulation, that has continually oppressed us as the people. I truly
believe that you as Councilmembers have sworn to uphold the law. The first thing
about law is justice because without justice, no sense we have law.
The apology resolution was adopted by both the House and the Senate,
signed by then President Clinton on November 23, 1993, and designated as public
law 103-150. Generally, when a joint resolution such as the one at issue in this case
has emerged from legislative deliberations and proceedings, it is treated as law.
Listen, this statement comes from the Supreme Court justice Judge Moon. I am not
making this stuff up.
Whereas, one of the stated purposes of the State of Hawaii law, Act 359,
1993, was to facilitate the efforts of the native Hawaiians to be governed by
indigenous sovereign nation of their own choosing. I would like to take this time to
clarify the difference between a sovereign nation and a entity... governing entity of
which the Akaka bill is all about. A sovereign nation is the United States okay.
That is the sovereign nation. You know why, China cannot tell the United States
what to do and the United States cannot tell China what to do. Why? Because they
have a sovereign nation status. In this law like the administrative rules 6K-9, it is
stated sovereign nation. It just didn't say entity because if they said entity, then
OHA could have qualified to represent us as a entity which is what OHA is, but the
law does not state that. It is says sovereign nation, so it was really clear.
Whereas, on March 13, 1999, native Hawaiians throughout the Hawaiian
archipelago exercised perfect right and successfully reinstated the inherent
sovereignty of Hawaii in accordance to international laws and Hawaiian Kingdom
laws. Whereas, Hawaii Act 329, 1997, states to wit: the Hawaii State Legislature
adopted the Hawaii U.S. public law 103-150 apology resolution for recognition
purposes. Whereas, having agreed with the laws of the United States government's
COUNCIL MEETING. - 28 - • March 13, 2009
public law 103-150 and the aforementioned related state legislation (Acts 329 and
359). The Kauai County Council shall acknowledge and recognize the reinstated
Kingdom of Hawaii and its government.
Section 1, acknowledgement and recognition. The Kauai County Council
affirms and recognizes: 1) the United States government has acknowledged
overthrowing the Kingdom of Hawaii and the lawful government of Hawaii. 2) the
United States violated international law. 3) the Kauai County Council affirms and
recognizes the important role and application of international law. 4) Kauai
Council affirms and acknowledges and recognizes the right of the native Hawaiian
people to be governed by a sovereign nation of their own choosing. 5) Kauai Council
affirms and recognizes the perfect right of the native Hawaiian people to reinstate
the sovereign Hawaiian Kingdom nation and government without the involvement
of the United States... the corporate State of Hawaii and the County governments.
6) Kauai Council affirms and recognizes the reinstated Hawaiian Kingdom. 7) the
Kauai Council affirms and recognizes the need to set a moratorium against all
Hawaiian government authorized exercises also known as GAEs is the acronym
until such matters are resolved between the United States government and the
reinstated Hawaiian government. The Kauai Council affirms and recognizes the
importance of the moratorium is to prevent further oppressive and suppressive acts
against the reinstated Hawaiian government and its Hawaii nationals. The Kauai
County Council affirms and recognizes the importance of the Mayor and the County
of Kauai and all Kauai government officials to acknowledge the ramifications of the
overthrow, and to support the diplomatic efforts between the Kauai County Council
and the reinstated Hawaiian Kingdom. The term reinstate is the international legal
term of art used to properly connect to former inherent sovereignty of Hawaii to
present reinstated Hawaiian Kingdom or Kingdom of Hawaii nation/government...
both are proper names. At this time before I close, I would just like to say that if
you look at what I have written up, what you realize is that I have only reiterated
law... law after law after law. I have also given an opportunity for us to open up
serious dialogue. You know, I did this presentation now... this is the third County
Council getting ready to go to Oahu and do it to Oahu. You know, both Council's,
yea, have this in front of them... 2 of them are actively looking at these resolutions
because as I noted to you, a part of this presentation is to inform you that it is true
and correct... that Senator Dan Inouye told us that we don't have to ask now to get
back what is rightfully ours. We don't have to ask you, but in all good relationships,
I believe it was only proper that we come forward and explain to you officials
because you represent the people of Kauai to understand why we, the government,
reinstated government will be conducting activities that we possess the right to
conduct. So I presented to you that right, that manifestation. I have also presented
to you that you are not... you can avoid receiving violations by simply stating that
the State and the Federal government has provided this impetus for us through law
and supports our actions and activities which now would place you, I believe, in a
neutral position, and let us now move forward and take on the State. Trust me, I
have already did presentations to the State government and they, right now, I will
be honest with you... the State government officials shall be receiving over 34
• •
COUNCIL MEETING - 29 - March 13, 2009
human right violations, over 34. Now I can tell you those things can just expand
because our nationals are increasing in our country... increasing unbelievable.
Why, you have to understand all these years, the Hawaiians really didn't know how
to play the game of sovereignty. You know, they wanted to play the game, but
unfortunately, they were playing basketball on one volleyball court trying to dribble
one football. They just never know the rules to the game, you know, and I believe
once we start... we identify how other nations had reinstated their independent
sovereign nation status. It is just a matter of time before we get back our country.
As an act of good faith, I ask that the Kauai County Council and all Kauai
government officials respect our God given and natural right to reclaim our nation
sovereign powers and national lands. Thank you. I hope you guys never feel
threatened because I didn't come here to threaten anybody, you know. I true believe
that because like I stated earlier, you know, if I look at you guys, if you no more
Hawaiian blood, how would you feel if somebody took your country? How would you
feel? You know, I going be 55 years old and this problem has been with me over
half of my life. I have always asked myself, how come they don't just give us back
what is rightfully ours? How come? You know, they thought of every excuse under
the sun and you know what, I understand now why it was never given back
because... no, there was never the proper party to give it back ~to. We made that
mistake as the people, we made that error, but today, we are not making that error,
you know, and that is why I am here. You know, I am here actually extending to
you guys, assist us, okay. I will field any questions that you may have.
Chair Asing: With that, Councilmembers, any questions?
Councilmember Furfaro?
Mr. Furfaro: Henry, first of all, I want to let you know that I do
not feel threatened by your presentation.
Mr. Noa: Thank you.
Mr. Furfaro: I, myself, you know, my koko is with my children,
my grandchildren, my nieces, my nephews, but I have some questions about your
organization I would like to understand first. You are one of the few organizations
that actually had elections.
Mr. Noa: That is correct.
Mr. Furfaro: And if I read this, you have... you shared with us
that you had about 250 people that exercised that right to vote?
Mr. Noa: No, not 250. I glad you brought the question. How
do we separate ourselves from an organization to a sovereign nation status? How
does that happen? International law requirements are actually in place. Okay, it is
called the treaty convention of Montevideo of 1933. That is where the rights and
duties of nations are actually described. It also talks about former recognized
COUNCIL MEETING. - 30 - • March 13, 2009
nations. Fulfillment of those requirements is what international law describes,
okay. Once you fulfill those, then it is recommended that you present this to all the
people that is living in your country. So prior to March 13, 1999 when we got
together, we began the process to invite everyone that lives in Hawaii the
opportunity to participate in the plebiscite to elect... first of all, to sign on as citizen
applicants to this newly formed provisional government. The second thing that we
offered was that if you signed up, you could run for office because in the process, we
had stated that we are reinstating the former inherent sovereignty, and that
inherent sovereignty, goes back to the Hawaiian Kingdom laws. So that is how this
plebiscite came about. Now, it was interesting because we were out there from
March 13 all the way to November 1 holding signs in every district, please come on
in, and register to vote. I am sure maybe some of you have seen it in your districts,
you have seen our signs up. Why we had to do that? It was interesting because,
like I said, international law recommends that (inaudible) law recommends that
every person be given the opportunity to participate in an election to a government.
You know how like how United States went to Iraq... the first government article on
their agenda was to get the Iraqi's to participate in an election, so they could choose
officials to represent their government.
Well, in Hawaii, we didn't ask the United States government to assist us in
doing an election. What we did as the people, as the kanaka's was that we went out
and sponsored and paid for this election ourselves and registered kanaka's and non-
kanaka's to participate in this election. You know, I can share with you this that I
was actually visited by Colin Powell's top protocol officer, flew from Washington to
meet with us during our... I don't know if you guys remember the Asian banking...
development conference that they had in Oahu back in, I believe 2000 I think it was
and Colin Powell sent his protocol officer because we were forwarding all of this
information over to Madalin Olburn (sp.?). The information that I was showing you
guys the proclamation, the steps... all of this was being forwarded up to the United
States government and he was told to come because we were the only sovereign
nation of government that was admitted in the banking conference. Let me tell you
it wasn't that simple. We had huge arguments. I actually had to bring in our
lawyer to make sure that we were represented in that banking conference because
Hawaii was an occupied territory and that the proper (inaudible) should be at the
conference and we were accepted. That ignited Washington. Washington came
down, we had one 3 1/z hour meeting and what the discussion was about... because
he was an expert in foreign ministry, 30 years as an Ambassador, he asked me, did
we fulfill these steps? I told him, yes, I produce all the documents and you know his
comment to me was, how in the world did you get this done in this government? We
weren't hiding anything.
Mr. Furfaro: I appreciate your summary of that because, you
know, you are here speaking in front of an elected body today, so it was only
appropriate that I ask the question about the process that made you the prime
minister of your organization.
COUNCIL MEETING • - 31 - • March 13, 2009
Mr. Noa: Thank you.
Mr. Furfaro: I have 2 more questions along this line. I have a
classmate, Hayden Burgess. You know that Hayden is very active in legal issues. I
have a brother Louie who participated in the Native Hawaiian Handbook. This
public law that we talked about 103-150... my understanding of that is that is
probably the native Hawaiians best opportunity to present to the Supreme Court in
their argument why these lands should not be sold because they are connected to
the apology bill. The fact of the matter is that there is 1,200,000 acres and as we
know, after the great mahale, $1.5 million I think was put aside. In this bill it
references, obviously, $1.2 million, so there is not the appropriate reconciliation, but
that argument is the argument that basically says that the symbolic resolution...
although you are referred to it as now being law under Supreme Court Moon, that is
probably the best argument that will stop the State from selling these lands. Would
you agree with that?
Mr. Noa: I think that is an interesting question, you know,
- because I believe that the State's position... Attorney General Bennett, yea, his
opening... (inaudible) is that the lands that the State currently manage and control
has perfect title. You know, that, to me, is really misinterpreted okay. That the
State...
Mr. Furfaro: Excuse me Henry. I may have asked a question
that I need to get some guidance from the County Attorney.
Chair Asing: Go ahead County Attorney.
Mr. Castillo: Al Castillo, County Attorney. I don't know... I
think it is appropriate in time to go into executive session primarily because we are
talking about sensitive areas of law regarding nations, States, and counties, so that
is the reason. To go any further would be... I would not be doing my job if I didn't
call it right now.
Chair Asing: Thank you County Attorney. With that,
Councilmember Furfaro, could you rephrase your question or ask another question?
Mr. Furfaro: Yes, I will ask another question and I appreciate
the counsel from the County Attorney. I am just trying to understand what is in
front of the Supreme Court today, but I will go onto another question. I want to
make sure that I do not understand the law. I am riot smart enough to understand
all of the particulars, but let me go to this question. I understand with the return of
Kaho`olawe that is the base of perhaps a Hawaiian nation that the conveyance was
not to the State of Hawaii, but it was put in a trust. You are referencing to the
State statutes if people go to this area, the State of Hawaii is then imposing their
statutes whether they trespass someone or so forth.
COUNCIL MEETING. - 32 - • March 13, 2009
Mr. Noa: Right.
Mr. Furfaro: But I have... maybe I will take this up in executive
session. I will share you the question that I am going to ask. Is... if it is in a trust
until such time that a nation is set aside whether it is a nation within a nation or
an entity... I don't want to go there. You are saying to us that is the question for
1
the State and how do they impose their statutes on this trespassing and so forth.
Mr. Noa: The result of us reclaiming national lands is that
they ended up suppressing and oppressing our right to reclaim properties that we
can properly identify that belongs to the Hawaiian Kingdom. Okay, we have done
our preliminary title search and Kaho`olawe outright... which is beautiful because it
doesn't bring up these issues, third party issues. Okay, meaning that Kaho`olawe...
I think akua left it as an island that belong to our country and not have a third
party interest in it meaning private ownership or County shares or, you know,
corporation shares in it... no, it is Kaho`olawe, yea, like I said, the State and us
right now, we are in that discussions, you know, about Kaho`olawe. One of the
things that we were able to establish in our court case was that the difference
between one sovereign nation and one Hawaiian governing nation... I mean a
Hawaiian governing entity. There is a difference and that expert witness of ours
made it real clear that a sovereign nation is an independent political authority
versus a Hawaiian governing entity which could be any entity... OHA could qualify
or Hawaiian historical society could qualify, but that distinguishment was actually
established.
Mr. Furfaro: Mr. Noa, thank you. I have no more questions
Mr. Chair. I just wanted to... better understanding of your position, you know, my
understanding is that Kaho`olawe is left in trust for what one day might be a land
base, but I will pursue others with the County Attorney. Thank you Mr. Chair.
Chair Asing: With that, Councilmember Kawakami?
Mr. Kawakami: Thank you for giving presentation. My question is,
basically a "yes" or "no", but is it an important part of the process to be recognized
by a country other than the United States of America.
Mr. Noa: You know, you are the first Councilmember that
actually brought that up and I appreciate that. Just yesterday, us guys was in
direct contact with a country that is at the verge of finally coming forward and
acknowledging and recognizing us as an nation. You are correct.
Mr. Kawakami: Are you able to discuss what country that may be?
Mr. Noa: To tell you the truth, I have been accepted and have
done these presentations to several countries, and this country that I am talking
about is Venezuela... the country of Venezuela. They are currently... like I said,
COUNCIL MEETING • - 33 - • March 13, 2009
trying to get other countries together, so that when they come forward, and they
assist our process, they have support, worldwide support. Because I think what you
guys really need to look at is United States government in 1993, I don't know if
akua was the reason. I believe it was akua, okay... when they wrote up that U.S.
bill, that law, that was the law that opened the door for me to speak to other
countries because I am going to be very open with you guys. Prior to that, we
couldn't... we really had difficulty communicating with other countries because of
so-called international laws... prevent other countries in interfering with domestic
affairs. Well, it was U.S. public' law that actually started to open this door for us
because America admitted that they overthrew... so it is like a... what do you call,
like a paper, you know, of confession. When I was at the ADB, I met so many
foreign ministers from other countries in meetings and they just couldn't believe
that we had a law... evidence stating that the United States overthrew our country,
so you are correct.
Chair Asing: Thank you. Councilmembers, any other questions or
comments? If not, Henry, I would like to thank you for your presentation, and I
would at this time open it up to the public. Is there anyone in the public that wants
to speak on this issue? Thank you Henry.
Mr. Noa: I just want to say mahalo. I hope us guys can, you
know, continue the dialogue, mahalo.
NELSON ARMITAGE, JR.: Aloha Chair and Councilmembers, County
Attorney Al. My name is Nelson Armitage and I just want to thank you, first of all,
for giving us the opportunity to come here and share vital information that has been
denied for over 116 years. My whole part of this movement is, I was appointed to be
the Minister for Foreign Affairs and by understanding the rule of law, gave us a
bright light of understanding the difference between hindrance, suppression,
outright betrayal to be lied to 24/7 for 116 years. That is hard to swallow Mr. Chair.
Nobody in their right mind in any foreign country should be suppressed this way.
That is what democracy is all about. Without democracy, I don't know maybe your
attorney could probably share light on this. Democracy is an information of high...
information for everybody to understand, not just the person or one person of a
special interest group, so on and so forth to circumvent a rule of law for special
interest. America demonstrated that very well this last Administration where
George Bush was in place. Okay, so my whole point is just holding those
responsible for their action. You guys (inaudible) oath to your constitution. You
know that you have an obligation to your duties as well as your official capacity as
well as your public capacity. We all have the same capacity whether if we are
jaywalking or not. I think government officials should be responsible 24/7 at their
capacity and be held and put in jail like every single citizen as well as anybody else
around the world. Unfortunately, that is not the (inaudible) today. People learn
how to circumvent the rule of law for their personal gain. I am here to just help you
folks understand that, you know, you have a choice to be honorable. You can either
work with the people, help the people, or you can just let it go, you know. But I
COUNCIL MEETING. - 34 - • March 13, 2009
believe that we are all together in this. This is not just the one effort here. We are
all together into make this and shape this as perfectly as we can. Nobody is perfect.
Nobody is above the rule of law, not you, not your Attorney General here, nobody,
not even the President of the United States. He made that perfectly clear. When
you go to the world court and the first statement that they perfectly make clear is
the difference between groups and other groups that want to be independent to now
self govern themselves to be perfectly right under truth and justice. That is what it
ends up, so those groups that we talk about group and entities, you know, they are
different, but they are still more status, an important status. America has
thousands of them... groups, 501C3, Boy Scouts, Cub Scouts, you name it, but they
don't have an authority.
I think the reinstated Hawaiian government demonstrated today by the rule
of law what authority is all about. I think it is time that this committee starts to
pay attention to the fact that we all have rights, and we have a right according to
the rule of law. I am glad Al is here because I have a question for him. If public
103-150 absolutely states that the Federal government doesn't own any lands of the
State or the County, then who owns the land?
Chair Asing: Thank you. Is there anything else you want to add?
Mr. Armitage: No, that is about it for now.
Chair Asing: Okay, thank you very much.
Mr. Armitage: Thank you very much.
Chair Asing: With that, is there anyone else who wants to speak
on this item?
NALIKO MARKEL: Aloha kakou. Naliko Markel, `Anini. Thank you for
the opportunity... the nominated or the appointed Minister of Interior for the
Reinstated Hawaiian Government. 116 years ago, a very (inaudible) crime against
humanity was committed against our ancestors. Their right to self govern in their
own country was suspended. Their right to a national identity as a Hawaiian
national was taken from them in which has been 116 years essentially of
(inaudible). That crime was perpetuated for the sugar planters who stood to lose a
lot of money because of the (inaudible) being applied to the sugar here in Hawaii.
And their co-conspirators of the United States Navy, United States War
Department wanted Pearl Harbor very badly... badly enough to suspend good
judgment and law and all of the things that their ancestors had taught our
ancestors from 1819 or 1820 when the missionaries came and taught us all about
God and law coming from God, and that rich people don't get into (inaudible). Our
people believed... our people educated themselves... we achieved 98% literacy
amongst our nation. We had one of the most cutting edge nations in the world... we
had electricity, we had telephone, we had an HMO system in Honolulu... the
COUNCIL MEETING • - 35 - • March 13, 2009
government lands, the national lands funded those programs for their citizens. This
government under the Hawaiian Kingdom government was so advanced, you people
need to understand that... that it was government of, by, and for the people. Today,
116 years later, this fraud... the government that was placed upon our great
grandparents was fraudulent government. It was not democratic. It was not
lawful... it was not of and by and for the people. It was a special interest group that
was installed at the point of a gun. In one of the most heinous acts of armed
robbery that this world has ever seen. The crime of the century and that same
government became the territory of Hawai`i... the republic of Hawaii and in 1959
had become the State of Hawaii. It is the same government that was placed upon
our great grandparents illegally. Your participation in it, unfortunately, is alm...
what do you call that, part of the co-conspiracy to perpetuate the fraud, and that is
not your fault. We are all victims of an education system that was put together by
the United States government to rob the native Hawaiians of their birth right. So,
in educating you, this presentation by the Prime Minister today, and what we are
saying to you today is. Are you on the side of justice and law or are you on the side
of the perpetuation (inaudible). That is something to really think about. It is a very
heavy thing. Each and everyone of us born and raised on these islands is cousins,
friends, have been blinded by the fact that this fraud has been perpetrated as well
as perpetuated. My aloha to you all and it is not an easy task and it hasn't been
easy for any of us kanakas growing up this way. Friends and family, we see our
officers everyday, we face them, the County officers, and we tell them, it is not your
fault. You are not the enemy. We are not the enemy. We are just fighting for what
is right, justice. If you believe in law and justice, you will understand what we are
up to, and what we are trying to do. Mahalo.
JANOS SAMU: Aloha kakou. I am Janos Samu and I am the citizen
of Kauai and a citizen of the Reinstated Kingdom of Kauai. I would like to make a
very simple statement and the brief one. I have heard lately that public law 103-
150 is based on the symbolic statement of former President Bill Clinton. However, I
feel that this is just a manipulation of the words of the former President because
the President himself never said that (inaudible) symbolically. It is always
somebody else who is trying to say what he thought happened. Would you really
consider the 2 important bodies of the United States government would enact and
(inaudible) based on the symbolic statement. Please, when you are using the term
symbolic statement, think who said it was symbolic... not the sayer of the
statement. Mahalo and thank you everyone.
Chair Asing: Thank you. Is there anyone else? Good morning.
JOSE BULATAO, JR.: Good morning. Jose Bulatao, Jr. The one point that
I want to make in response to Mr. Noa's presentation. While he identified those of
us of non-Hawaiian blood ancestry who may have countries to return to if we choose
to... those of us who are Filipino in my case, Japanese, Chinese, or whatever may
have the privilege to go back to a mother land if they choose to. My question is this,
I was born here on the island of Kauai and my authenticity is Filipino, but I want
COUNCIL MEETING - 36 - • March 13, 2009
to know how I would be recognized as an individual who is Hawaiian by birth right.
I feel like I am a person (inaudible) "country"... if my status to claim myself as a
Hawaiian would be denied which I don't think it would be in the reinstated
kingdom. But I need to make it clear that there are those of us who are Hawaiian
at heart and Hawaiian by birth right regardless of our ethnicity, and that is all that
I wanted to say.
Chair Asing: Thank you.
RUPERT ROWE: I think we are missing the picture over here. My
name is Rupert Rowe. I think the picture is being missed right here. There is a
liquid measurement that identifies this person that we are talking about. It is
based on 50% Hawaiian. Anybody that is 49% and below you is nothing in the
process of the United States. So we must understand whether you come from a
foreign country or not, you still have that right to go home, but for the native
person, he does not have that right based on a liquid measurement. This liquid
measurement is the key to the disaster of the kanaka maoles. We have never
identified the race of Hawaii and it is not the liquid measurement that many of the
people of Hawaii believes that it is their right to discriminate against the person
that is less than half. You cannot become the stranger in your own country
regardless of what race you are from. Everybody has a choice either to go back
where you are from, be a national of this kingdom, or be an American, and go where
their country is... that is your choice, but my argument here that I want everybody
to understand the liquid measurement is very destructive to the kanaka maole
because the general public believes that if you are less than half, then you guys
have nothing to say... same like what is happening for the last 116 years. That is
all that I get to say.
Chair Asing: Thank you.
Mr. Rowe: And if you need anything about blood quantum, feel
freely to contact me, and I will explain the process to you.
Chair Asing: Thank you. Mr. Taylor?
KEN TAYLOR: Chair, and members of the Council, my name is Ken
Taylor. First I would like to thank Prime Minister for being here today and making
this presentation. It was very interesting and I look forward to learning a lot more.
I want to thank the Council for taking this opportunity to share the Prime
Minister's information with us and the community in general. I would say that
some of the issues that were raised today... Act 359, Act 329, public law 103-150,
those are all State and Federal laws that you folks have sworn to uphold the
Constitution of the United States. Mr. Noa went on to talk about international law.
I believe in the Constitution of the United States, it says that we will uphold
international law. I think that is a very important issue because if it is
international law that sets the criteria for moving this process, then we have to
COUNCIL MEETING ~ - 37 - ~ March 13, 2009
understand that, we, by swearing to uphold the Constitution of the United States,
require ourselves to uphold international law. I think each one of you is responsible
for that and I hope that this starts the dialogue with the community and with the
Council to move forward on the request that has been asked for consideration and
determination of working with the reinstated Hawaiian government in the process
of moving this forward. Thank you.
Chair Asing: Is there anyone else?
JAMES QUINN: Aloha, I am James Quinn. First of all, I would like
to thank you all for taking the time to entertain this important subject. I am
naturalized Hawaiian national since the first constitutional convention 10 years ago
in Waimea, the Big Island. I will tell you what, I am been a true seeker all my life
and what really grabbed me to pursue this agenda was... as a Christian which
seeking the truth lead me to pursuit. At the end of Queen Lili`uokalani's book,
Hawaii Story, she wrote a letter... there is a recorded letter that she wrote to the
good Christian's of America and that I wonder how many Christian's actually read
it. It goes, old honest Americans as Christians hear me from my (inaudible)... their
form of government is as dear to them as yours is precious to you. Quite as warmly
as you love your country so they love theirs. (Inaudible) so far from your shores... as
the punishment of (inaudible) call upon you... if not in your day, then in that of your
children (inaudible). The people to whom your fathers told of the living God and
(inaudible) and whom the sons now seek (inaudible)... he will keep his promise and
he will listen to the voices of his Hawaiian children (inaudible) for their homes. It is
for them that I will give my last drop of blood... it is for that I would spend nay and
spending everything belonging to me. Will it be in vain... it is for the American
people and the representatives in Congress to answer these questions as they deal
with me and my people kindly, generously, and justly (inaudible) the great ruler of
all nations deal with the (inaudible) of the United States of America. Now, I would
just like to... regarding her little re-reference to (inaudible)... tells us the story of
Ahab, King Ahab a long time ago. He was really wealthy and rich, but he really
wanted this little vineyard of Mavok... a guy named Mavok, a little vineyard, it was
a family kuleana and Mavok didn't want to give it up... his families birth right and
he wouldn't give it up. (Inaudible)... she had Mavok killed to make Ahab happy, so
he got the land, then God cursed him, and then Ahab (inaudible)... God said, okay,
well the .curse that you were going to get, you are not going to get the curse, but it is
going to come on your children in their day. And whenever I see all the trouble
happening to America right now, I have to wonder. Is that...
Chair Asing: Thank you. Is there anyone else? With that, is there
anyone else?
KEOAKUI KAUIHANA: Aloha Council, Keoakui Kauihana from Anahola. I
would like to thank you all for taking the time to put the Hawaiian Kingdom
agenda on your time... presentation on your agenda. I want to thank you very much.
I would like you to seriously consider that proposal before you because this
COUNCIL MEETING. - 38 - ~ March 13, 2009
presentation was done in front of the Hawaiian caucus, House of Representatives
and Jimmy Tokioka was very profound in what he says is when he went out in his
community, he did not see the Hawaiian Kingdom. So when I heard that, I came
home and I am saying that you are going to see the Hawaiian Kingdom out in this
community. So we are upping our activities out in the public with our education.
This proposal that you see before you would educate the other lawyers would
educate your enforcement out there because us in the public, we are always
worrying about the conflict with law enforcement. I think this would really open
their eyes and that the County is now in step with the State and with the Federal
governments about addressing our situation. It would really help us out... I am very
active out there and I am asking for you to look at that proposal. Mahalo.
Chair Asng: Is there anyone else who wants to speak on this
issue?
CHERYL LOVELL-OBATAKE: For the records, my name is Cheryl Lovell-
Obatake. I actually came here not knowing that Henry was coming today. I came
for the open space, but I am glad I did. You seen me in many testimonies regarding
natural resources and you know that it is a health issue for many kanaka maoles
that are using the resources like opihi, limu, and what has caused that is the, we
know, is development. The Department of Health has issued their brochures in
non-point source pollution. Your body here, your body at the Planning Commission
have made decisions by their discretion upon applications. I feel and this is just my
personal opinion that if this process is going to work with the kanaka maoles, then
the Kingdom of Hawaii, what is being proposed to you is going to have to be some
changes in the CZO and more so on the General Plan Update which I spent 2 1/2
years regarding the perspectives and concept of kanaka knowledge. That has not
been engaged. I am taking my time off away from this battles that I have been
involved with and testified to preserve and to protect. I have been the Burial
Council Chair for 2 years and I served 8 years under the Cayetano and Waihee. I
have learned that we are being squashed. The kanaka maoles are being squashed,
our voices have been heard, but things have not been implemented, and our
resources are our food. Look at Kalapaki Bay. I know Al Castillo, the Attorney, he
surfs in Kalapaki. We surfed once at Donkeys... that is the small lighthouse at
Koke`e. If you were to go back there today and know the water quality of our bay, it
is the cause of the defacto government not preserving or protecting water quality
and health issues and the food that are being poisoned on how the application of
poison... as you see in the paper today of Niihau and what fishes have been dead in
Kalapaki Bay. There needs to be proper control and mahalo Henry for coming
forward, and I have watched him, I voted, and those are my 3 minutes and thank
you.
Chair Asing: Thank you. Is there anyone else who wants to
speak? If not, I'd like to call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
COUNCIL MEETING ~ - 39 - ~ March 13, 2009
Chair Asing: Councilmembers, I do not believe that we have a
motion. I'd like to entertain a motion to receive.
Mr. Furfaro moved to receive C 2009-100 for the record, seconded by Mr. Kaneshiro.
Chair Asing: Any discussion? Councilmember Furfaro?
Mr. Furfaro: Chairman Asing, I just want to thank you for
putting this item on the agenda for this discussion purpose. I know that there are
many of us here on the Council that are sensitive and compassionate to these issues
in our State. I think it is something that we all are fortunate to have had an
opportunity to have some discussion on. I thank Mr. Noa for being here, his
committee... his administrative committee and his representatives from Kauai, but
I also want to point out that it stands from a point that... where this body can be
sensitive to the issues, well informed, is how things will continue to evolve. It is
eventually the intent, I believe, of starting with the island of Kaho`olawe as I
pointed out, but more importantly, I just want to say thank you for putting this on
the agenda Mr. Asing because all just needed to have a better understanding of
where the Kingdom of Hawaii sees this evolving. Thank you very much Mr. Asing.
Chair Asing: Thank you. Councilmember Chang?
Mr. Chang: Yes, thank you. Thank you Mr. Chair. When Henry
Noa and Nelson first arrived, I want to thank our Prime Minister Noa first of all for
recognizing Kekane Pa. As you folks know, he just could not get off of work. His
Mom just stepped out, but she came here in support... just to let everyone know, ,
this is something that Kekane has been working for many, many, many years. He
has individually talked to many of our Councilmembers. We have seen Henry Noa
speaking to the County of Hawaii, the County of Maui. He prepared himself very
well because he took time to spend with a lot of our Councilmembers and educating
us, and I really appreciate you acknowledging him because I know right now, his
whole mind is being here and he cannot be here. So I just would like to let you folks
know that he is definitely here, we see him with movement throughout the County,
so when you get to mahalo him in person, just let him know that he has been
extremely persistent in making sure that this got on the agenda and I am sure was
very important for Council Chair to get this eventually on the agenda. So we want
to thank all of you folks for coming and sharing the mana`o sincerely, and, again,
aloha out to Kekane out there.
_ Chair Asing: Any other comments Councilmembers? If not, I
would like to close by thanking Prime Minister Noa for your presentation. For
myself as the Chair of the Council, you know, my duty to all of the community
members is to provide as much information on any subject, so that the information
can be passed forward... passed to the community for their action or inaction or
anything that they see fit that could help them. So the reason for putting it on the
COUNCIL MEETING - 40 - ~ March 13, 2009
agenda is for informational purposes and to educate all of us. So with that, Prime
Minister Noa, thank you very much and aloha.
Chair Asing: With that, we have a motion to receive. Any further
discussion? If not, all those in favor say aye?
The motion to receive C 2009-100 for the record was then put, and unanimously
carried.
Chair Asing: Next item please?
Mr. Nakamura: The next item on the Council's agenda... we are
back on page 1. These are communications for receipt. Communication C 2009-101,
C 2009-102...
Chair Asing: Hang on. We will take a short recess.
Mr. Nakamura: We will be back in 5 minutes.
There being no objections, the Chair called for a recess at 12:09 p.m. The meeting
was called back to order at 12:13 p.m., and proceeded as follows:
Chair Asing: With that, Mr. Clerk?
Mr. Nakamura: Mr. Chair, we are on page 1 of the Council's agenda
on communications for receipt. On page 1, C 2009-101, on page 2, C 2009-102,
C 2009-104, C 2009-105, C 2009-106, C 2009-107.
C 2009-101 Communication (02/06/2009) from the Director of Finance,
transmitting for Council information the Period 5 Financial Reports -Statement of
Revenues as of November 30, 2008: Mr. Furfaro moved to receive C 2009-101 for
the record, seconded by Mr. Kaneshiro.
C 2009-102 Communication (02/10/2009) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Building
Permit Information Reports for January 2009 that includes the following items:
1) Building Permit Processing Report
2) Building Permit Estimated Value of Plans Summary
3) Building Permits Tracking Report
4) Building Permits Status
Mr. Furfaro moved to receive C 2009-102 for the record, seconded by Mr. Kaneshiro.
C 2009-104 Communication (02/18/2009) from the County Engineer,
transmitting a request to transfer $400,000, by revising the surplus and
appropriations estimated in the Solid Waste Fund to "Other Supplies" for the
purchase of 4,000 bins for the Automated Refuse Collection Program: Mr. Furfaro
moved to receive C 2009-104 for the record, seconded by Mr. Kaneshiro.
COUNCIL MEETING • - 41 - • March 13, 2009
C 2009-105 Communication (02/20/2009) from the Director of Finance,
transmitting for Council information the Period 6 Financial Reports -Statement of
Revenues as of December 31, 2008: Mr. Furfaro moved to receive C 2009-105 for
the record, seconded by Mr. Kaneshiro.
C 2009-106 Communication (02/25/2009) from the Director of Personnel
Services, transmitting for Council information, the following classification requests
which the Department of Personnel Services will be reviewing and taking
appropriate action on:
• Police Department, Position No. 521 and Position No. 599 (Present Class of
Police Office II to Police Officer I)
• Police Department, Position No. 521, Position No. 549, and Position No. 599
(Present Class of Police Officer I to Police Service Officer):
' Mr. Furfaro moved to receive C 2009-106 for the record, seconded by
Mr. Kaneshiro.
C 2009-107 Communication (02/27/2009) from the Director of Finance,
transmitting a request to appropriate $1.85 million from the surplus and
appropriations estimated in the Public Access Fund to purchase a parcel of land
adjacent to Black Pot Beach Park for park expansion purposes: Mr. Furfaro moved
to receive C 2009-107 for the record, seconded by Mr. Kaneshiro.
Chair Asing: Any discussion?
Mr. Furfaro: I just want, to reiterate that the last time we
received the revenue reports, we were going to follow up with a letter I guess out of
Finance for a quarterly review of the Treasurer's Report.
Chair Asing: Yes, I believe we were going to do that.
Mr. Furfaro: So that might come up next month I guess.
Chair Asing: Yes.
Mr. Furfaro: Thank you.
Chair Asing: Any further discussion? If not, all those in favor
say aye.
The motion to receive C 2009-101, C 2009-102, C 2009-104, C 2009-105, C 2009-106,
and C 2009-107 for the record was then put, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: We are on page 3 of the Council's agenda. Council
Chair, on C 2009-108, that has been scheduled, for about 1:45 after lunch, so if we
COUNCIL MEETING. - 42 - • March 13, 2009
can just move that down the agenda. The next matter on page 3 is communication
C 2009-109.
C 2009-109 Communication (02/27/2009) from Derek S.K. Kawakami,
Hawaii State Association of Counties (HSAC) Vice-President, informing the Council
that at its HSAC Executive Committee meeting held on February 23, 2009, the -
Committee requested that each County Council vote on whether to reinstitute a
second conference for HSAC:
Chair Asing: With that, do you have any recommendations?
Mr. Kawakami: Thank you Council Chair. It was brought up at our
first HSAC meeting that at one time there were 2 conferences, but I think in light of
the economy, and the difficulty in acquiring sponsors to help fund these conferences,
I think we should, at this time, not approve of the second annual conference.
Chair Asing: Thank you. With that, Councilmember Furfaro?
Mr. Furfaro: Council Chair, I want to thank Councilman
Kawakami for those comments. I think we would be hard pressed at this time
especially since the sponsorship and these successes go hand in hand. So I do want
to support his suggestion that perhaps this comment be deferred to a much later
date than moving forward now.
Chair Asing: Thank you. Councilmember Kaneshiro?
Mr. Kaneshiro: I just wanted to add that I also attended an HSAC
meeting and that discussion was brought up. But in reality, you know, discussion
was an ongoing discussion from quite a while ago. So we haven't really faced the
real economic conditions that these counties are facing currently... that not
realizing that when this was really put on the HSAC agenda, you know, those were
different economic times. So I have to agree with Mr. Kawakami that because
currently we are facing tough times that perhaps we should either receive this
communication rather than defer. It can always be brought up to the agenda again
as through discussion with HSAC with the counties.
Chair Asing: Any further discussion? If not, I would like to
entertain a motion to receive.
Mr. Bynum moved to receive C 2009-109 for the record, seconded by Mr. Kaneshiro,
and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matters for approval are LEGAL`
DOCUMENTS, C 2009-110.
COUNCIL MEETING • - 43 - • March 13, 2009
LEGAL DOCUMENTS:
C 2009-110 Communication (01/03/2009) from the Chief of Police, requesting
Council approval to indemnify SimplexGrinnell LP for an Annual Service
Agreement to test and inspect the Department's Access Control System as well as
troubleshoot and diagnose any Access Control System problems used throughout
the Ka Hale Maka`i O Kauai building:
• Annual Service Agreement by and between Kauai Police Department and
SimplexGrinnell LP (Company) which is effective on May 1, 2009 to April 30,
2010.
Mr. Furfaro moved to approve C 2009-110, seconded by Mr. Kaneshiro.
Chair Asing: Any discussion? Councilmember Furfaro?
Mr. Furfaro: I just wanted to make sure that we have
concurrence from the County Attorney's Office that this indemnification is simply
for the egress and access to the service agreement, and that it does not relieve them
of any potential liability should we have a system failure. It is more about access to
the system.
Chair Asing: Okay, any other comments? Any other discussion?
If not, all those in favor say aye.
The motion to approve LEGAL DOCUMENT: C 2009-110 was then put, and
unanimously carried.
Mr. Nakamura: The next LEGAL DOCUMENT for approval is
C 2009-111.
C 2009-111 Communication (03/05/2009) from the Mayor, recommending
Council approval for two (2) legal documents relating to the `Ele`ele I Luna
Subdivision which will consolidate a portion of Mehana Road and Lot 10 and
Subdivision of Said Consolidation into Lots 1 to 20, Inclusive, and Designation of
Easements AU-1, AU-2, W-1, G-1, E-1, and E-2, Being Portion L.C. Award 7712:5,
`Ele`ele, Wahiawa, Koloa, Kauai, Hawaii (5-2004-29, Kauai Habitat for Humanity)
1) QUITCLAIM & WARRANTY DEED (between County and Kauai
Habitat for Humanity, Applicant); conveyance involving a portion of
the Mehana Road right-of--way that was abandoned through Resolution
No. 2006-17. The abandoned portion of the roadway has been
consolidated into Lots 17 & 18 of the subdivision.
2) DEDICATION DEED (from Applicant) conveying a roadway lot
(Lot 19) to the County of Kauai for roadway improvements to Mehana
Road:
Mr. Furfaro moved to approve LEGAL DOCUMENT: C 2009-111, seconded by
Mr. Kaneshiro, and unanimously carried.
COUNCIL MEETING. - 44 - • March 13, 2009
Chair Asing: The next item please?
Mr. Nakamura: The next matters are claims.
CLAIMS:
C 2009-112 Communication (02/17/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by Bernardino Sagucio for
damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai:
Mr. Furfaro moved to refer C 2009-112 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Mr. Kaneshiro, and
unanimously carried.
C 2009-113 Communication (02/27/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by Alison J. Sanchez for
false arrest and prosecution, pursuant to Section 23.06, Charter of the County of
Kauai: Mr. Furfaro moved to refer C 2009-113 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Mr. Kaneshiro, and
unanimously carried.
COMMITTEE REPORTS:
BUDGET & FINANCE CONIlVIITTEE REPORTS:
A report (No. CR-B&F 2009-05) submitted by the Budget & Finance
Committee, recommending that the following be approved on second and final
reading:
"Bill No. 2299 AN ORDINANCE AMENDING ORDINANCE NO.
B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS
ESTIMATED IN THE GENERAL FUND (Appropriation of $40,203 from the
General Fund to Building Lease, Fire),"
Mr. Kaneshiro moved for approval of the report, seconded by Mr. Furfaro, and
unanimously carried. (See later for Bill No. 2299)
A report (No. CR-B&F 2009-06) submitted by the Budget & Finance
Committee, recommending that the following be approved on second and final
reading:
"Bill No. 2302 AN ORDINANCE AMENDING ORDINANCE NO.
B-2008-673 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS
AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND
($900,000-New Kapa`a/Kealia Fire Station Off-Site Waterline),"
COUNCIL MEETING • - 45 - • March 13, 2009
Mr. Kaneshiro moved for approval of the report, seconded by Mr. Furfaro, and
unanimously carried. (See later for Bill No. 2303)
PUBLIC SAFETY/ENERGY/INTERGOVERNMENTAL
RELATIONS CONIlVIITTEE:
A report (No. CR-SEI 2009-03) submitted by the Public
Safety/Energy/Intergovernmental Relations Committee, recommending that the
following be received for the record.
"SEI 2009-1 Communication (2/2/2009) from Committee Chair
Kawakami, requesting that the Director of Parks & Recreation be present to
provide an update and comprehensive overview of the County's Habitat
Conservation Plan which should include, but not be limited to, steps for
dealing with Shearwaters, the areas that are affected, the process to follow
when constructing new improvements, financial impacts, if any, etc.,"
Chair Asing: I believe we have an amendment. Councilmember
Bynum? Let's have a motion to approve first.
Mr. Furfaro moved for approval of the report, seconded by Mr. Chang.
Chair Asing: Can we have the amendment?
Mr. Bynum: Yea, I appreciate the Council's indulgence when I
asked for a deferral of this item and it just was to add one paragraph to more
accurately reflect some of the discussion that may...
Chair Asing: So you want to amend as circulated?
Mr. Bynum: If we could please.
Mr. Bynum moved to amend CR-SEI 2009-03 as circulated, seconded by
Mr. Furfaro.
The motion to approve CR-SEI 2009-03 as amended was then put, and unanimously
carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter for approval is a Resolution,
Resolution No. 2009-29.
RESOLUTIONS:
COUNCIL MEETING. - 46 - • March 13, 2009
Resolution No. 2009-29, RESOLUTION AUTHORIZING LIMITED
EXEMPTION FROM H.R.S. CHAPTER 514B FOR HAOA STREET AFFORDABLE
HOUSING PROJECT: Mr. Furfaro moved to adopt Resolution No. 2009-29,
seconded by Mr. Kaneshiro, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Thank you. Next item please?
Mr. Nakamura: The next matters are on page 5 of the Council's
agenda are Bills for first reading.
BILLS FOR FIRST READING:
Proposed Draft Bill No. 2304 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY
1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE SOLID WASTE FUND (Appropriation
of $400,000 from the Solid Waste Fund to Other Supplies for purchase of 4,000 bins
for the Automated Refuse Collection Program): Mr. Furfaro moved for passage of
Proposed Draft Bill No. 2304 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for April 8, 2009, and that it thereafter be
referred to the Public Works/Elderly Affairs Committee, seconded by
Mr. Kawakami, and carried by the following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next bill for first reading is Proposed Draft Bill
No. 2305.
Proposed Draft Bill No. 2305 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2008-673 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE PUBLIC ACCESS FUND
(Appropriation of $1.85 million from the Public Access Fund to Black Pot Beach
Park Expansion-Land Acquisition): Mr. Furfaro moved for passage of Proposed
COUNCIL MEETING • - 47 - • March 13, 2009
Draft Bill No. 2304 on first reading, that it be ordered to print, that a public hearing
thereon be scheduled for April 8, 2009, and that it thereafter be referred to the
Budget & Finance Committee, seconded by Mr. Kaneshiro, and carried by the
following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Thank you. Why don't we break for lunch. We
have only 3 items left and we have at 1:45 scheduled on the top of page 3. This is
the communication for the Hawaii Community Foundation Ice Task Force Grant.
We are going to get some information from Eric Shibuya of the Police Department,
so that is scheduled for 1:45. I believe we have a certificate also at 1:30 p.m. by
Councilmember Chang, so we will be back at 1:30. So we will break for lunch and
be back at 1:30. Thank you.
There being no objections, the Chair called for a recess at 12:25 p.m. The meeting
was called back to order at 2:00 p.m., and proceeded as follows:
Chair Asing: With that, Mr. Clerk, can we have the next item
please?
Mr. Nakamura: We are back on page 3 of the Council's agenda on
communication C 2009-108.
C 2009-108 Communication (02/02/2009) from the Chief of Police, requesting
Council approval to accept, expend, and indemnify the Hawaii Community
Foundation Ice Task Force Grant in the amount of $221,950 which is funded by the
United States Department of Justice through the Hawaii Community Foundation
and will pay for the Kauai Police Department's role in the County of Kaua`i's
Methamphetamine initiative:
Chair Asing: What I would like to do is suspend the rules now.
We have Lieutenant Shibuya here from the Kauai Police Department and
Lieutenant Shibuya will explain this grant.
There being no objections, the rules were suspended.
LIEUTENANT ERIC SHIBUYA, KAUAI POLICE DEPARTMENT: Good
afternoon Council Chair Asing and members of the Council. I am Lt. Eric Shibuya
of the Kauai Police Department Narcotics Vice Section. With me also, I have
Thomas Atou from the Hawaii Community Foundation.
Chair Asing: Thank you for being here.
COUNCIL MEETING. - 48 - • March 13, 2009
Mr. Furfaro: Do you have a PowerPoint Lieutenant?
Lt. Shibuya: Yes.
Mr. Furfaro: I am going to... I think myself and Dickie might
have to relocate, so give us a moment.
Lt. Shibuya: The presentation basically is just a brief overview of
how we spent the last or the current grant that we have. This slide here, I have
shown a graph as far as the crystal meth or ice seizures from 2002 to 2008. As you
can see in 2007, we had a high spike in seizures and it was because of several
operations that we conducted. So it is kind of normal for the following year to have
a big drop as far as seizures. Since I took office... since I took over the vice unit
back in October, we started to track per quarter as far as what the grant has
required. So from October to December 2007, we generated 18 meth cases, we
seized 264 grams of crystal meth, we executed 9 search warrants, 31 individuals
were arrested, 13 vehicles were seized, 5 weapons were confiscated, and also
$12,500 in U.S. currency seized for forfeiture. From January to March 2008, we
investigated 27 meth cases, we seized 115.5 grams of crystal meth, 8 search
warrants were executed, 23 individuals were arrested, 5 vehicles were seized, 1
firearm was confiscated, and little over $2,000 of U.S. currency was seized for
forfeiture.
From April to June 2008, we investigated 24 cases, meth cases, seized only
17.3 grams of crystal meth, executed 4 search warrants, arrested 18 individuals,
seized 2 vehicles, confiscated 4 firearms, and little over $2,600 in U.S. currency for
forfeiture. From July to September 2008, we investigated 56 meth cases, we seized
70.1 grams of crystal meth, executed 13 search warrants, arrested 75 individuals,
seized 6 vehicles, and 1 firearm was confiscated. October to December 2008, we
investigated 71 cases, seized 45.1 grams of crystal meth, executed 13 search
warrants, arrested 34 individuals, 7 vehicles were seized, 1 firearm was confiscated,
and little over $7,800 in U.S. currency seized for forfeiture.
The expenditures so far on the grant, the current grant that we have, we
expended $98,354 in equipment cost, overtime cost was $88,807, project cost was
$22,549, and training cost was $40,280. The personnel that we have allocated for
our unit. We have one Lieutenant, 2 Sergeants (1 Sergeant is operational and 1
Sergeant is for the Asset Forfeiture), and 12 investigators to include canine handler.
Currently, we have 1 Lieutenant, 1 Sergeant (the operational Sergeant), 4
investigators, and 1 canine handler. That is pretty much the brief presentation.
Chair Asing: Thank you. My goodness, in terms of personnel, it
looks like you are down quite a bit then yea? I noticed that you had 12 investigators
and for now you are probably down to 2?
COUNCIL MEETING ~ - 49 - March 13, 2009
Lt. Shibuya: No, we are down to 5 investigators.
Chair Asing: But it is 5 versus about 12?
Lt. Shibuya: 12, correct.
Chair Asing: Any questions Councilmembers? Councilmember
Bynum?
Mr. Bynum: Thank you very much for the presentation. You
know, it seems like a few years ago, there was a lot of community energy and
knowledge around meth and the message that I am taking home is that the work
continues. It is still a really serious problem on Kauai.
Lt. Shibuya: It is.
Mr. Bynum: And just adding up these numbers and in 15
months, you made 181 arrests and this is just for meth?
' Lt. Shibuya: Just for meth.
Mr. Bynum: For people on Kauai, little Kauai, 181 people and
these are mostly people who are involved in dealing or...
Lt. Shibuya: ~ It is pretty much dealing and some possession. We
try to target certain communities where complaints comes from and try to address
the problem, and just try to do what we can with the limited resources that we
have.
_ Mr. Bynum: I really appreciate the... and I think it is important
for the public to hear that this is still a serious problem. The bumper stickers are
fading, but the problem is still out there. Our recent homicide involved meth and
this is a really bad drug that changes people's brain chemistry, and they behave
very differently. I would also like to thank the Hawaii Community Foundation for
sustaining your concerns, so I am struck by 181 people. That is, you know,
somebody I know probably, so thanks for your efforts.
Chair Asing: Any other comments? Questions? Councilmember
Furfaro?
Mr. Furfaro: This is just really following up on the comments
from Councilman Bynum. First and foremost, to the Hawaii Community
Foundation, thank you very much, but I also do want to point out that with these
181 arrests, it is very obvious that through your efforts of your grant and
communications with the community to the Police Department, Lt. Shibuya, I just
want to say it looks like we are on course. The Department is focusing on our need
COUNCIL MEETING - 50 - ~ March 13, 2009
to clean this up, but it is an ongoing battle and it is just important that we say
thank you for the Hawaii Community Foundation's ongoing funding because this is
close to a quarter of a million dollars. Thank you very much. Thank you Mr. Chair.
Chair Asing: Thank you. Any other questions Councilmembers?
If not, thank you. I also want to congratulate you. You know, many times, we hear
comments, you know, what is the Police Department doing? Anyway, are they
doing anything? What, in fact, are they doing? By the statistics that you have
gYVen us, it appears as though you are doing a lot especially with the limited
amount of men that you have available at your disposal to do all the drug cases. We
are talking about arrest, we are talking about seizures, money, vehicles, including
firearms. I think looking at the statistics, there is no question in my mind .that you
have been doing a lot. I just want to thank you and thank the Hawaii Community
Foundation for their assistance in helping us to help ourselves. So with that, thank
you very much. Anything else for them? I'd like to turn it over back to you. Do you
have any comments that you want to offer?
THOMAS ATOU, PROGRAM OFFICER, HAWAII COMMUNITY FOUNDATION:
Thank you Chair Asing and thank you County Councilmembers. I just wanted to
say that our continued effort and support of the Kauai Police Department is a
direct correlation through the effort that Lt. Shibuya has done. We have
tremendous respect for his department and for the work that he has done because
we know how understaffed he is. So the funds that we are able to provide, you
know, we are confident that it is money well spent. As Councilmembers have said, it
is an ongoing battle, you know, and we are just thankful that we have this
opportunity to support such a tremendous department.
Chair Asing: Good. Thank you very much. With that, I'd like to
call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: Can we have a motion to approve?
Mr. Furfaro moved to approve C 2009-108, seconded by Mr. Chang, and
unanimously carried.
Mr. Nakamura: At this time Mr. Chair, we are on page 5 of the
Council's agenda on bills for second reading.
Chair Asing: Councilmembers, Councilmember Bynum, I
understand that there is a motion that is going to be offered to defer the item. I just
found out.
Mr. Nakamura: We are on Bill No. 2299.
COUNCIL MEETING ~ - 51 - ~ March 13, 2009
BILLS FOR SECOND READING:
Bill No. 2299 - AN ORDINANCE AMENDING ORDINANCE NO.
B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS
ESTIMATED IN THE GENERAL FUND (Appropriation of $40,203 from the
General Fund to Building Lease, Fire):
Mr. Furfaro: Mr. Chair, since I was supportive of these efforts on
these 2 items, but at the same time, not able to assure the members exactly where
we might stand with the reserves. With the help of the staff, I have accumulated
some information from the 2008 budget during this that I was the Finance Chair
and the 2008-2009 budget of which Councilman Kaneshiro is Chair. I would like to
review these particulars and make reference to them as a reserve rather than a
surplus, but all of the bills that we've passed at this particular point are
summarized there showing our reserve with the upcoming budget, and how it
should probably balance. So just to reassure everyone, I felt with the Kapa`a/Kealia
Fire Station and the fire building lease that some assurances there that we have the
money to do that. I understand now that there is a motion to defer, but I did this
work with Ricky and the staff this week, so this is just an information piece.
Mr. Kaneshiro: Thank you for that Mr. Furfaro and part of the
reason is that we will be having the current budget I guess submitted to the Council
today. In fact, it is due today at 4:30, so it would be reasonable for us to call for a
deferral on this item to see what we have been proposed... there are some questions
as to some fundings that we may not have in the future. I think the proper motion
would be to defer this at this time and that is the motion that I am going to make.
Mr. Kaneshiro moved to defer Bill No. 2299, seconded by Mr. Bynum, and
unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next bill for second reading for approval is Bill
No. 2302.
Bill No. 2302 - AN ORDINANCE AMENDING ORDINANCE NO. B-2008-
673 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY
OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2008
THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($900,000-New
Kapa`alKealia Fire Station Off-Site Waterline): Mr. Furfaro moved for adoption of
Bill No. 2302 on second and final reading, and that it be transmitted to the Mayor
for his approval, seconded by Mr. Bynum.
COUNCIL MEETING - 52 - ~ March 13, 2009
Mr. Furfaro: ~ I just want point out that that money is earmarked
in the summary that I shared with you just so that we are all clear what reserves
we have to do that. Thank you Mr. Chair. ,
Chair Asing: Thank you. Any further discussion? If not, roll call
please.
The motion to adopt Bill No. 2303 was then put, and carried by the following vote:
FOR ADOPTING: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: With that, Councilmember Kawahara?
Ms. Kawahara: There is a question of privilege I guess right? Is
that what I say?
Chair Asing: Yes, go ahead.
Ms. Kawahara: I just want to say that it was brought to my
attention that I misspoke when I said that some Councilmembers might not support
the Commission. After speaking with the Commission and fellow Councilmembers,
I believe that the frustration that was being vented was at the process and not
necessarily either of the Commission or the Council. So I appreciate that and I
wanted to share that with my fellow Councilmembers. I would like to say that it is
in the spirit of making many mistakes early and quickly, so hopefully I won't be
doing... although probably a lot more, but quickly hopefully. Thank you.
Chair Asing: With that, the meeting is adjourned. Thank you.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 2:20 p.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk
/lki
i ` - •
SPECIAL COUNCIL MEETING
MARCH 18, 2009
The Special Council Meeting of the Council of the County of Kauai was called
to order by the Council Chair at the Council Chambers, Historic County Building,
4396 Rice Street, Room 201, Lihu`e, Kauai, on Wednesday, March 18, 2009 at
9:07 a.m., after which the following members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S. K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
Chair Asing: Can we have the first item please?
PETER A. NAKAMURA, County Clerk: First matter is approval of the
agenda.
APPROVAL OF AGENDA: -
Mr. Kaneshiro moved for approval of the agenda as circulated, seconded by
Mr. Kawakami, and unanimously carried.
Chair Asing: Can you please read the communication?
Mr. Nakamura: The next matter is a communication for approval.
C 2009-114 Communication (03/12/2009) from Jan Miyamoto, Workforce
Investment Act Administrator, Office of Economic Development, requesting Council
approval to apply for, receive, and expend funds of $319,667 from the American
Recovery & Reinvestment Act (ARR.A) of 2009 and related indemnification which
funds will be used as follows:
• $128,630 for youth activities, including summer employment for youth;
• $63,874 for adult services, including supportive services and needs-related
payments; priority for receipt of these services is to go to recipients of
public assistance and other low-income individuals as described in
134(d)(4)(E) of the WIA; and
• $127,163 for dislocated worker training and employment services.
Chair Asing: Thank you. With that, what I'd like to do is
suspend the rules.
SPECIAL COUNCIL ~ETING -2- ~ March 18, 2009
There being no objections, the rules were suspended.
Chair Asing: We have the Economic Development Director here,
George Costa. We also have Jan Miyamoto of his office from the Workforce
Investment Act Administration. With that, George and we also have Randy
Francisco from the Chamber also. I'm not sure whether you want all 3 of you up,
George, or however you want to handle this.
GEORGE COSTA, Director of the Office of Economic Development: Aloha,
good morning, Chair Asing and members of the County Council. Much has been
said about the economic stimulus or formally the American Recovery and
Reinvestment Act and we are pleased to be one of the first areas to have been
received money through the Workforce Investment Act. You know, we also have
been warned that... to keep a close eye on a lot of these bills and funds that come
through because when they do, we just have a short time frame to turn things
around and take advantage of these moneys that are available. And so first of all,
I'd like to express our appreciation to Peter Nakamura and the Council staff for a
last-minute notice-and we initially got this last week Thursday, I believe, or
Wednesday night, and it was verbal, so we had nothing in writing, but we went on
faith to... with our State to believe that by the next day we were going to get
something in writing and we did to schedule this meeting for today, and go through
the process. So we're pleased to be here this morning and as Peter Nakamura
mentioned, we have $319,667 of allocated funds from the Department of Labor and
Industrial Relations that are broken down into 3 parts. I'm going to turn this over
to Jan Miyamoto at this time, who is our Workforce Investment Specialist in the
Department of Office of Economic Development, and she's our go-to person and will
be able to describe the program in detail.
JAN MIYAMOTO, Workforce Investment Specialist: Good morning. Again,
thank you very much for having us on very short notice. You received 2 additional
handouts this morning. One is the actual bulletin from the State Department of
Labor and in this it highlights the allocation of funds. I just wanted to note that on
the back page there is the dis... the exact distribution by County and there is a
separate category where the State actually pulled out 10 per cent of each of those
identified areas to a youth, dislocated worker, and adult, and assigned them to that
administrative pool. So just to let you know that's the reason why those numbers
slightly differ from the numbers shown on the initial letter. However, the totals
that were allocated by program, those are accurate as far as how they were assigned
and it's... it is formula based as far as the calculations. I did want to just highlight
a few things about the program. First of all, the... we are receiving a substantial
amount or greater than what we have in the past for the dislocated worker and
obviously that is because our unemployment rate has risen dramatically here on
Kauai, in particular in the last 6 months. And fortunately in the calculation of this
particular formula, they did use unemployment rates up through December 31St of
2008. So, we did have the fortune of having that reflected in the amount. For the
other 2 programs, they just used factors up until June 30, so our unemployment
o ~
SPECIAL COUNCIL M~TING -3- • March 18, 2009
rate did not substantially impact those accounts, which is why those are not as
substantially altered from the prior year. But I also have a handout, a very brief
one, on the American Recovery and Reinvestment Act 2009 WIA Programs
because... just to highlight some of the issues here. Obviously, the Dislocated
Worker Program is geared towards those who've been laid off from employment or
receiving unemployment insurance benefits or are displaced homemakers. And
then for our... and so that is the criteria for people being eligible for those program
moneys. With regards to the Adult Program, if you look on the second paragraph in
that section, the focus of the Adult Program is for low-income individuals including
migrant and seasonal farm workers, public assistance recipients, minorities,
women, veterans, older workers, and many retirees, ex-offenders and individuals
with multiple barriers to employment. So the funds themselves are conditional.
Individuals must be eligible to receive assistance through that program. And what
we are geared towards doing with these funds for both of these programs is to focus
our efforts on developing skills for needed jobs, preferably in the high growth
industries such as healthcare, childcare, education, green jobs, energy efficiency,
and environmental services. Okay, so that is the focus that the State has requested
our counties put our attention to. This is something that our local... our Kauai
Workforce Investment Board has already been discussing and so we are moving in
that direction for these particular funds through the Reinvestment Act.
With regards to the WIA Youth Program under the Reinvestment Act, the
Congress wanted it specifically to be geared towards the summer employment
• program. So this is really a changed focus from our usual program funds, although
it is an area that our funds in the past could be used for, it wasn't the focus. But in
this particular case, Congress is requiring that we spend at least 90% of the funds
in a summer employment program, and so that is one of the prime reasons for the
urgency, the sense of urgency of needing to move ahead with the planning for these
programs and, of course, the approval of these funds. And we hope to also integrate
besides the work experience in the summer employment, to still integrate some
components of our youth program, which are work readiness skills, because we still,
you know, feel strongly that that is critical to the success of any individual in
transitioning into the work force. So that is pretty much the strategy that we would
like to take in the use of the funds. And the... as you know, the Congress has also
set 30 days for the Federal agencies to issue the funds to the States and I just got
word last evening that the State did in fact receive this... Department of Labor did
receive their funds as of yesterday from the LT.S. Department of Labor.
So with that in mind, the 30 days for the state to then effect the move from
the State... the moneys from the State to the counties is 30 days which started as of
yesterday. So the timeline that had been set was through April 16 and they had
given themselves a few days anticipating that the funds might come in early, which
is the case. And so because the timeline is so short in all the steps that need to be
taken to do the contracting between now and then, that is what necessitated our
coming before you today in order to meet the deadline. The... our Kauai Workforce
Investment Board does need to submit our County plans for these 3 programs along
SPECIAL COUNCIL ~ETING -4- • March 18, 2009
with our budgets to the State by next week Tuesday, which is why we had to come
before you today.
Mr. Furfaro: What is that date?
Ms. Miyamoto: The date that we have to submit it?
Ms. Miyamoto: That is the 24~.
Mr. Furfaro: 24tH.
Chair Asing: Any question, Councilmembers? Councilmember
Furfaro?
Mr. Furfaro: Yes, I certainly want to acknowledge all the work
you folks have done in preparing us for this, but I do want to also, and I see some
people from Finance here and maybe if Mr. Costa doesn't have the answer he could
query them. How are we prepared to handle the documentation and accounting
trail of these moneys because it... with everything that's going on in the Federal
government right now, it seems that the accountability issue on how the funds are
expended are extremely important to the success of the American Recovery Act. So,
there is, I believe, an administrative fee that the County can absorb as a portion of
these?
Ms. Miyamoto: Right, so as far as that money...if you look on the
back page of the bulletin from the State Department of Labor...
Mr. Furfaro: Got it.
Ms. Miyamoto: There is that administrative pool funds which they
allo... that the State has allocated 10% which is what is allowable from each of the
programs towards that administrative pool and as you can see the amount is not
substantial. It is under $32,000, so basically 10% of the total fund allocation that
we are receiving.
Mr. Furfaro: So it's not 10% of the $319,000?
Ms. Miyamoto: Actually that would be the 10%.
Mr. Furfaro: So it's $30,000 that we can absorb for
administrative credits?
Ms. Miyamoto: Right, right. And then for administering the
programs themselves as far as work specifically with the programs, then with those
costs would be factored into the actual program amounts and would be incorporated
into the budget that we are still developing at this point in time.
SPECIAL COUNCIL M~TING -5- • March 18, 2009
Mr. Furfaro: Okay. On that note, the budgets were due to the
Council last Friday. And then I would assume, although these are not large
amounts, I would assume though they were not reflected in that submittal as
credits to operating cost for the Administration.
Mr. Costa: No, not that I'm aware of.
Mr. Furfaro: So we should anticipate some... some change. I
mean, it's not huge amounts, but it does require diligence in making sure that we
handle it appropriately as a beneficiary of these funds.'
Mr. Costa: If anybody has had an opportunity to look at... at
least one of the documents I read, which is 62 pages, it's the... our American
Resort... Recovery and Reinvestment Act. They have a section in there on the
administrative side and it's quite extensive as far as reporting and...
Mr. Furfaro: Well, again, I just wanted to make sure and I'm
glad somebody has read the 62 pages, so...
Ms. Miyamoto: And just to add to that, although these are
considered WIA funds, the program itself has to run completely independent of the
existing programs, so all the administrative oversight will have to be handled
separately from existing programs. They can't be consolidated.
Mr. Furfaro: So does that include the programs that you've had
like About Face?
Ms. Miyamoto: That's correct. That is...
Mr. Furfaro: So you actually have to have 2 separate details
about where the money went?
Ms. Miyamoto: Right, exactly, right.
Mr. Furfaro: I see.
Ms. Miyamoto: Because in the... the parameters of the programs
are slightly different and the Recovery Act is requiring monthly reporting, whereas,
the regular WIA funds are quarterly reporting.
Mr. Furfaro: Okay. 1VIr. Chair, may I ask 2 more questions?
Chair Asing: Yes, go ahead.
SPECIAL COUNCIL ~ETING -6- • March 18, 2009
Mr. Furfaro: You reported on the benefit that we had with the
additional funds which were not beneficial for the people that additionally went out
of work and are now part of the unemployment ranks. But what was the difference
between our unemployment in June 30 versus the fact that they used our number
from December 31? What were the 2 indicators?
Ms. Miyamoto: Actually, they did an average over... or they looked
at an entire year, so they did January 2008 to December 2008. The other factors, it
was July, it was on a fiscal year basis that they used the factors. In December, we
were at 7.6... 7.6 and in June I believe we were at about 3.0. I can certainly get the
exact figures and route that to you.
Mr. Furfaro: I don't need the exact. I just wanted to have an
indication of what...
Ms. Miyamoto: But it basic... it more than doubled.
Mr. Furfaro: ...what the change was. It more than doubled.
Ms. Miyamoto: More than doubled.
Mr. Furfaro: Okay and... and my last question at this point is,
some of this money can be used for farm work?
Ms. Miyamoto: The goal is to... for high end kinds of employment.
So it's... they make reference to work of high quality. So I guess it depends on what
exactly, the type of work that... so the identified areas o£ that the State is
wanting us to focus on again would be those such as healthcare, childcare,
education, green jobs...
Mr. Furfaro: And energy.
Ms. Miyamoto: And actually the agriculture can certainly tie in
with the green jobs, yeah.
Mr. Furfaro: I would want us to... and what I'm understanding
for you, that was not a mandate from the State, that was a strong suggestion from
the State.
Ms. Miyamoto: Right.
Mr. Furfaro: So you have a little bit of flexibility if it deals with
perhaps sugar workers on the West Side and...
Ms. Miyamoto: Yeah, the... the Federal regs also refer to it as... of
high quality. So again, it is subject to interpretation, but we can certainly look at it.
• -7- • March 18 2009
SPECIAL COUNCIL MEETING ,
But we do also have, you know, running parallel to this, our regular WIA Program,
which.the individuals can receive assistance from as well.
Mr. Furfaro: Well, thank you very much for answering very
effectively my questions regarding this... this gift, I guess I could say. I have no
more questions, Mr. Chair.
Chair Asing: Thank you. Anyone else have any questions?
Councilmember Chang?
Mr. Chang: Thank you, Chair. Earlier, when Mr. Costa started
off your presentation, you said that there was a very small window of opportunity to
monitor the funding. Is the State monitoring the funding or who gets the heads-up?
Or do we do it on a County level?
Mr. Costa: Everybody right now gets the heads-up, you know.
I get emails from different sources. It ends up being confusing at times. And so
within the Office of Economic Development, we've distributed the different areas
amongst the Specialists because one person just can't keep up with it all. So on a
daily basis, each Specialist looks at their areas, on... you know, goes online, looks at
recovery.com and just monitors what's going on. And even if it's something that
another department within the County is also monitoring, we look at it with
different eyes and we may see something, another opportunity, thinking outside of
the box and say what if, and see if we can pursue something, so. But it's having to
take a team effort to really look at this.
Mr. Chang: Pretty interesting, yeah. Thank you.
Chair Asing: Any other questions?
Ms. Kawahara: Chair?
Chair Asing: Councilmember Kawahara?
Ms. Kawahara: Thank you. Since you're the only one that read the
62-page...
Mr. Costa: No, I stand corrected. I have a 62-page document.
I didn't read through all of it, but I read... administrative side, that was the intent.
Ms. Kawahara: When we were in... yeah, when we were up there,
there seemed to be a lot of confusion abo... not... it wasn't really clear yet how they
were going to have the moneys and everything reported back how it was used: So
I'm curious just to know whether or not in that packet that they were able to list out
specifically what kind of reports they want on a monthly basis and how you're
supposed to extract information.
SPECIAL COUNCIL ~ETING -8- • March 18, 2009
Ms. Miyamoto: Not at this point in time. What we've been
informed is it will probably be late Spring. So that could be May possibly before
more details are readily available. So at this point in time, I believe the Federal
Agency's top priority was, you know, to ensure that they met the criteria of getting
the funds out to the States in the 30... the required 30 days. And, obviously, that
other work is, I'm sure, running concurrent, but more complex as far as really
having to see how the mechanism will work. One of the things that they did
establish, though, is a recovery.gov website which has access to all the different
States and it's supposed to be giving close to real time information as to where each
State stands on different...
Ms. Kawahara: And how they used it.
Ms. Miyamoto: And I have heard that the goal would be to
somehow have the reporting be on a, you know, aweb-based system. But that's yet
to be defined.
Ms. Kawahara: Okay, the... thank you. My other question is for
you at the workforce development. You do have a way to quantify all of the services
you provide to the people that come in? To quantify how that... how your service
helped them?
Mr. Costa: In each pro...
Ms. Kawahara: In each program.
Mr. Costa: One of these programs.
Ms. Kawahara: Yeah, these workforce programs? Because I guess
what I'm worried about is that we won't be able to quantify how we used the money
in the way that they really want us to show and the way they want us to use it.
Ms. Miyamoto: And, yeah, and that's actually one of the prime
objectives of the President, so I know he is holding fast to that. So we do have data
collection methodology for our existing programs which are based on existing
performance measures.
Ms. Kawahara: Okay.
Ms. Miyamoto: But the way that these programs or at least the
youth program is going to work is very different from that scenario, so it's yet to be
determined. But I anticipate they... again, there'll be close monitoring and our
service providers do do a commendable job in, you know, case management and so
forth. And case management is part of all of this and also follow-up services.
SPECIAL COUNCIL M~TING -9- • March 18, 2009
Ms. Kawahara: Okay, okay, okay. So there's some kind o£ you
guys have measurement standards in place for most of it?
Ms. Miyamoto: Right, right, yeah.
Ms. Kawahara: Okay, thank you.
Ms. Miyamoto: As far as completion rates and so forth...
Ms. Kawahara: Yes.
Ms. Miyamoto: ...of training and job placement and retention.
Retention is one that is uncertain whether we're going to be able to use that one
because it's so far out in advance that the measure... since this is only running for a
condensed period of time, there won't be enough time elapsed to do that measure,
so it's unlikely that that will be part of the performance requirements.
Ms. Kawahara: Thank you. That's it. Thanks.
Chair Asing: Thank you. Councilmember Bynum?
Mr. Bynum: Good morning. I want to thank you and
acknowledge for... we were... your quick turnaround on this and George, what you
said about monitoring is really critical right now. It's an extraordinary time in our
country and what's happening with a lot of recovery money coming down is as
you're... I think like the standards are being developed in the process. It's like
okay, here, you have the funds, we'll get back to you in a couple of weeks. So the
challenge at the Federal level, the State level and now down to the local level, you
know, and the... what you pointed out about our current, our unemployment going
from 3.0 in June in 7.6 in December, that's really dramatic. That's a...do you know
what the current level of unemployment is?
Ms. Miyamoto: It's 8.8.
Mr. Bynum: So that's kind of frightening that it's moving that
quickly on Kauai.
Ms. Miyamoto: Yes, yeah. We surpassed the national average in
December and in... so actually... so the 8.8 was January. February data is not out
yet. It'll be another week before that's available.
Mr. Bynum: So we spend a long time below the national average
over the last few years and...
Ms. Miyamoto: Right.
SPECIAL COUNCIL ~ETING -10- • March 18, 2009
Mr. Bynum: Now we're above the national average and that's
why the sense of urgency.
Ms. Miyamoto: Exactly.
Mr. Bynum: It's like let's get these funds in here, kind of
hopefully stem the bleeding and retain people in employment and get people re-
employed. And, you know, the other thing about the stimulus money is that you
mentioned the word formula. A lot of it's coming down in formula. We've already
established kind of Kaua`i's fair share of these Federal funds and so it's easy...
easier for the Federal government to put these out quickly using those formulas
that have been already established. Another significant portion of the funds that
are coming are going to be competitive.
Ms. Miyamoto: Right.
Mr. Bynum: Which basically means we need to step up and ask
for the funds and if we're going to have any opportunity to have them at all. Do you
have any awareness in the employment field whether there are competitive funds
coming down the line?
Ms. Miyamoto: Yes there are and in training... actually, and then
the training funds go across the gamut of all the different areas. So ones that I
have are the... in the quick scan of the 62-page document that George referred to, in
the areas of healthcare, there's an opportunity for distance learning type of
curriculum and that's something that the community college has been working on.
So what I'm doing is trying to partner with our... the agencies that are our partner
agencies and also serve on our Workforce Investment Board and making sure that
they are aware of the opportunities because many of these, we as the government
cannot apply for. It needs to be a separate agency. I'm making sure that they, you
know, are aware of the opportunities and see what kind of resources they might
need and try to link people who might be able to then collaborate on some of these
projects.
Mr. Bynum: So you're already aware of some of the competitive
programs and trying to gear up to respond to those to give Kauai an opportunity at
some of those funds?
Ms. Miyamoto: Right and yeah, I'm not sure if at the State level
they're looking... well, I'm quite certain at the state level they must also be looking
at that in terms of trying to do at a larger scale for the entire State. Of course, for
us on Kauai, the challenge whenever that happens is, you know, what amount of
that larger pool actually ends up to us is, you know, relatively smaller than the total
package. So if we have projects that are close to ready to roll out similar to the
(inaudible) ready projects and capital projects, and those are ones that we're trying
. P IL M~TING -11- • March 18 2009
S ECIAL COUNC ,
to target and see if they can get funding.
Mr. Bynum: And I appreciate your initiative at looking at those
competitive funds as well because, you know, they're going to come in
transportation, health, energy, you know, justice, all different categories and one of
my concerns and my hope is that the Administration is doing exactly what you said,
Mr. Costa, monitoring that closely, looking for the opportunities, but we also have a
hiring freeze right now. So I think this gives extraordinary challenges to our
current staff. They have to do what's already... what they're already programmed
to do and in addition, if we're going to get... have an opportunity to get our share of
these competitive funds... Well, and the next step is you have these formula things
that come in, oh here's something new to do that you have to respond to quickly. So
you're doing what you normally do and then you have these formula grants. In
addition, there's work to do if we're going to get it and apply for the competitive
money as well. Is that... have I got that right?
Mr. Costa: Got that right and the reporting part, it's doing
more with less and just from my standpoint, it's a lot of information, you know, for
me personally to absorb that is why I divided it up amongst the Specialists because
they've been there. They... you know, they're in-tune with what's going on
especially through grants and moneys coming down, and they have... for right now,
a keener eye and it's only been in place for a few days, but it's helped, you know,
that we spread the... we spread the wealth and each one looks at particular
sections.
Mr. Bynum: So part of my concern is that when we're putting
additional challenges on current staff where we have openings that may be frozen,
we may not hire those people and then as you indicated some of these funds are
primarily meant to go out into the community to address unemployment or... but
there's an administrative portion that's available. So, you know, I hope the
Administration is looking at those personnel issues about responding, particularly
to these competitive grants. It's kind of like you have your normal work, you have
the formula money that's coming to you, you have to respond to that, right?
Mr. Costa: ITh huh.
Mr. Bynum: But then there's these opportunities to respond and
bring some of the resources here to Kauai that if we don't respond it'll go
somewhere else. Is that correct?
Mr. Costa: Right, that's correct. And I believe, Jan can correct
me if I'm wrong, but those opportunities where you have the administrative portion
in there that... that'll help free up some additional moneys.
Mr. Bynum: I guess kind of help our budget tightness in terms
of keeping people employed and so, you know, you guys are kind of first up, but I
,SPECIAL COUNCIL ~ETING -12- • March 18, 2009 .
assume we're going to hear from other departments quickly, you know, and the
Council may need to respond, you know, quickly in order to meet this challenge
that's going all the way down the line to move these things quickly to kind of stem
the tide of the bad things that are happening economically in our country. So I
appreciate your knowledge and your responsiveness. It's an opportunity, a challenge
but also an opportunity for good County employees that know so much about these
particular areas to really shine. So, you know, I appreciate that you're doing that.
Thank you very much.
Mr. Costa: Thank you and, you know, the way these are
coming down, these special meetings might become the norm than the...
Mr. Bynum: Right.
Chair Asing: Thank you. Any other questions, Councilmembers?
If not, I have just a couple of questions. I guess I... let me just read here on the
bulletin here: "ARRA funds will be used to create some employment opportunities
for youth between the ages of 14 and 24 as well as other workforce experiences
outside of summer months with the objective that all work offered will be of high
quality." How are you reaching these youths? You know, when we talk about ages
14-24, what programs are designed to get out there and how do you get these youths
notified of the opportunities?
Ms. Miyamoto: We have our current youth program, our About
Face Program, through the Department of Defense and so their service population
is up through the age of 21. They do also have a separate adult program called
Forward March that serves anyone 19 or above. So they do also have individuals
who have... are either currently in the program or have been recently that are
above the age of 21 which would encompass, you know, up to the age 24 area of this
funding.
Chair Asing: Okay. I'm more interested in not so much... you
have the program and apparently it's working, but how do I know it's working?
How do I know how you're going out there and actually reaching these people? How
would I know that? I mean you got a program, but I don't know that you really
reaching out there. So what is that structure like that you're going out there and
reaching out to get these youths notified that there is these programs available for
you.
Ms. Miyamoto: Well, in terms... I can only speak of our existing
programs and what has been underway and there's been great success in terms of
the number of individuals who have been... those who have dropped out of school
and have been able to complete their high school diploma either by GED or the
Sea-based Mastery Program. There's a lot of statistic information. Our About Face
Program has also been doing, I believe it's a quarterly newsletter that they started
recently. If you are interested, I can certainly circulate it to the members. They do
•
SPECIAL COUNCIL METING -13- March 18, 2009
try to publicize their events. Their graduation events which are held twice a year
are very large family celebrations because really it's celebrating, you know, changed
lives of these youths who would otherwise have probably gone astray since they
failed to complete their high school diploma but instead are celebrating having
secured it through an alternate means through which they thrived and then part of
that program also involves work experience. So it's also, besides the curriculum
portion, it's also, you know, preparing them for employment and to be, you know,
solid citizens in our community. So there are mechanisms available. Again, there's
the statistics in terms of our performance measures and also the newsletter that the
program has started to produce. So again, as I said, I would welcome the
opportunity to share it with the Council or if there's other mechanisms that you
would want the information reported to you, we can certainly discuss that to meet
your needs.
Chair Asing: Thank you. I see someone there who is eagerly
awaiting to say something. With that, Councilmembers, any other questions for
George or Jan? If not, what I'd like to do is I'd like to suspend the rules and is there
anyone in the public who wants to speak on this item first? If not, I believe we have
some people who want to...
Mr. Furfaro: Is Jonathan maybe going to speak?
JONATHAN CHUN, Member of the Kauai Workforce Investment Board and
the State Workforce Development Council : Oh I did not sign up, Mr. Chair.
Chair Asing: Yes.
Mr. Chun: Thank you for the time to speak on this item. Also
with me is Randy Francisco. He's the chair of the Kauai Workforce Investment
Board this year. I'm a member of the Kauai Workforce Investment Board and also
a member of the State Workforce Development Council. We will... we are in
support, at least I am personally in support of this bill. I think you had a good
question in terms of how would the youth be informed of these funds and these
programs. I don't work directly with these programs, but I have been involved, I
guess, with the initial contract with the work... with the work readiness programs
for the youth. And one thing that I do know that they do... they do on a regular
basis is that they work with each of the high school counselors at the high school
level. So I know they go out on a regular basis to meet with the high schools in
Kapa`a and Waimea and Kauai High School, and to talk with the counselors and
the principals and the people there to find out what youth in those schools need the
assistance.
Chair Asing: Let me interrupt you a little bit.
Mr. Chun: Sure.
SPECIAL COUNCIL FETING -14- • March 18, 2009
Chair Asing: That's the kind of information I was trying to get
out. In other words, how are you reaching out to these youngsters, and you've kind
of hit the nail on the head by this is what we do. The program is designed to go to
high schools and the high schools are informed of the program and, therefore, you
work with the high schools to get the names, to get the individuals, and to get the
program connected.
Mr. Chun: And I say it's the contractor that does that. I mean,
I guess, these are some of the questions the WIB through Randy's efforts have been
asking the contractor too. But I recall from meetings that we've had in the WIB and
the questions that were asked by Randy that that's what the contractor was doing.
In addition to working with the high schools and the staff over there, I believe also
as part of our program and one of the designs of the Workforce Investment Act is to
have more collaboration between other agencies that also receive Federal funds. As
part of that, I do know that the contractor also contacts other youth programs
around the islands to make sure that their youth are also aware of the services
being provided and they're available to them. A lot of times there's sharing of funds
and sharing of, you know, so one... just because one participant isn't... is in one
youth program for let's say Hale `Opio, so it doesn't mean he can't participate in
somebody else's program. So I know there's that effort in trying to link up with if...
with the other programs and even if though somebody doesn't qualify for Hale `Opio,
they might be referred to our program over here. So there is that kind of linkage
and that's what KWIB tries to do and tries to encourage between the providers and
that's one of the... that's one of the guidelines and one of the policies of the
Workforce Investment Act that we've been formed under. Randy can explain other
things.
RANDY FRANCISCO, Kauai Investment Workforce Board President: I just
wanted to add. You know my background is in economic and workforce
development in the U.H. System for 20 years and one of the comments I made at
the quarterly meeting this year was our approach has to be different because of the
circumstances. I expect the State as well as the rest of us to look at these
opportunities which are really transformational from the standpoint of this is a
business opportunity where we leverage these additional funds. And we're going to
have to look at it from anon-traditional perspective because since joining the Board
and becoming Chair in July last year, I realized that we have to change how we
think and operate. And I think the person here in the form of Jan has taken a lot of
that leadership, but I've asked that our board members take their role a little bit
differently because we've operated along the same line that unemployment low and
blah, blah, blah. However, at this point, the opportunity is we need to think
differently because we're under different circumstances and I learned one thing
when I was here in 1994. When the U.H. President asked me to come to Kauai to
administer a million dollars under the Recovery of Hurricane Iniki and he basically
said, do things differently. My lesson learned since, yes on Kauai we eat, walk and
talk slow, but time is of the essence. We need to move things better and faster and
more efficiently. And I've expected and asked my Board members, especially our
• •
SPECIAL COUNCIL METING -15- March 18, 2009
~I
executive committee, to do more in our role and Jan cannot do this by herself, nor do
we think that the bureaucracy of the government can do it all. And so I've asked
that our business members be true partners by helping us transform ourselves and
our community and look at what we can do to not only get the word out, but think
differently. I'd expect that we're going to look to even having a press conference or i
some messaging going out to the media because what I learned on Kauai, whether
you glance, read or write, people somehow pay attention to the media. We know
that from Supperferry. So if you can join us, come tomorrow night. That's a bit of
advertising. The point is we need to be more aggressive and not operate how we
have been. And I think the opportunity is if you can get this nailed, the next step is
maybe in the next administration's budget coming to Kauai because the string is
we do this right, there's a possibility we'll get a second round of funding. So it's the
onus on us to do it right, do it effectively and harvest the data so that you can all go
back to D.C. and say, Mr. President, we spent all the money, we want more.
Chair Asing: Thank you. Any questions, comments for... I~
Councilmember Furfaro?
Mr. Furfaro: Thank you, Chairman Asing. Is there any way...
Mr. Chang is the Chairman of our Economic Development Committee here. Is there ~I
any way that, as a follow up to the Chairman's question, you can regularly
communicate to him about the progress and the successes that we're having
through your program?
Mr. Francisco: I think we owe it to you, to be blunt, because this is
just one piece of a lot of Federal packages coming to Kauai and if you can get the
template going, this is the opportunity right now. I think we as an executive
committee need to work with Jan and Director Costa to see that it happens because
the opportunity is we're waiting for additional funds to come and we need to do that
because I think the budget process requires it and if you get the model, then I think
the rest of the State can see what we're doing, and hopefully not just get 10% of the
budget, but maybe 15% next time.
Mr. Furfaro: Okay. Well, I appreciate you recognizing what I
believe is a need to, you know, have this ongoing communication to specific
Councilmembers that, you know, might have oversight on these moneys. The
reporting of it, creating the template could set the standard and I also think it
provides some challenges for finance to do the same with Mr. Kaneshiro as
Chairman of our Finance Committee. How we actually handle the booking of these
credits, so that we have an audit trail and I appreciate your positive response to my
request about keeping Mr. Chang, Councilman Chang informed. Thank you,
Mr. Chair.
Chair Asing: Thank you. Councilmember Kawahara.
Ms. Kawahara: Thank you. I'd like to ask for reports also.
SPECIAL COUNCIL ~ETING -16- • March 18, 2009
Mr. Francisco: Sure.
Ms. Kawahara: Thank you.
Mr. Francisco: I just want to have closing comment. I understand
the issues about accountability having worked in the university bureaucracy myself.
The portfolio I managed was about $4 million a year, so I get that. But I think I'd
like to speak to the point of transformation because this is an opportunity to
leverage these funds and help to transform our economy and transform not only
single-parent women but others. So part of my whole philosophy in accepting to be
the Chair is we're going to look at it differently and this is my opportunity to
contribute to this community because that's one of the reasons why like many
people have returned to Kauai. So I plan to take a very active role and engage our
executive committee and make sure that when you get the reports, you know, that
they're correct and they're in alignment with our County and the WIB's strategic
plan which we just finished a few months ago as well as working with the State's
strategic planning in terms of workforce development.
Chair Asing: Thank you. Any other questions? Councilmember
Bynum?
Mr. Bynum: I'm very, very appreciative of your statement here
today, Randy and Jonathan, and the leadership you're providing and your
commitment to collaborate with the County. Thank you very much.
Mr. Francisco: Thank you.
Mr. Chun: Thank you.
Chair Asing: Okay, with that thank you very much. What I'd
like to do is call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: Thank you. Thank you everyone. George, Jan,
thank you.
Chair Asing: Can I have a motion to approve, please.
Mr. Furfaro moved to approve C 2009-114, seconded by Mr. Kawakami.
Chair Asing: Any further discussion? If not, all those in...
Mr. Furfaro: Oh, I just had...
SPECIAL COUNCIL MEETING -17- March 18, 2009
Chair Asing: Yes, go ahead.
Mr. Furfaro: Mr. Chair, I think this does raise an opportunity for
us to predetermine how we're going to set the tone of controls, extremely important.
We don't want to be in a situation that we have to send back anything and, so it
gives us food for thought for the Finance Department as the other projects come to
the table. Thank you.
Chair Asing: Thank you, any further discussion? If not, I'd like
to thank everyone for the information that they provided and the additional
information, especially kind of giving a little more specific answer to the question
that I asked on how is the youth being notified and get into the programs. I think
that's important. I think there's going to be some follow-up and I'd appreciate those
information forthcoming. With that, all those in favor say aye.
The motion to approve C 2009-114 was then put, and unanimously carried.
Motion carried. This meeting is now adjourned, thank you.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:55 a.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk
•
COUNCIL MEETING
March 25, 2009
The Council Meeting of the Council of the County of Kauai was called to
order by the Council Chair at the Council Chambers, Historic County
Building, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Wednesday,
March 25, 2009 at 9:03 a.m., after which the following members answered the call of
the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
APPROVAL OF AGENDA:
Mr. Kaneshiro moved for approval of the agenda as circulated, seconded by
Mr. Kawakami, and unanimously carried.
MINUTES of the following meetings of the Council:
Council Meeting of March 13, 2009
Special Council Meeting of March 18, 2009
Mr. Kaneshiro moved for approval of the minutes as circulated, seconded by
Mr. Kawakami, and unanimously carried.
Chair Asing: Next item please?
PETER A. NAKAMURA, COUNTY CLERK: The first matter for receipt on
page 1 of the Council's agenda is communication C 2009-115.
C 2009-115 Communication (02/27/2009) from the Housing Director,
transmitting for Council action a Resolution to authorize the filing of the 2009
Action Plan for the County's 5-Year Consolidated Plan to the U.S. Department of
Housing and Urban Development (HUD) and to appropriate funding for the 2009
Community Development Block Grant (CDBG) program: Mr. Kaneshiro moved to
receive C 2009-115 for the record, seconded by Mr. Kawakami, and unanimously
carried.
Chair Asing: Next item please?
• •
COUNCIL MEETING - 2 - March 25, 2009
Mr. Nakamura: The next matter for receipt is communication
C 2009-116.
C 2009-116 Communication (03/02/2009) from the Mayor, transmitting a
request to appropriate $500,000 from the surplus and appropriations estimated in
the General Fund to a Kauai Visitors Bureau Economic Stimulus Grant which will
help facilitate the first phase of a program that would bring additional visitors to
Kauai between June and December 2009: Mr. Kaneshiro moved to receive
C 2009-116 for the record, seconded by Mr. Kawakami.
Chair Asing: I'd like to suspend the rules.
There being no objections, the rules were suspended.
Chair Asing: Glenn?
GLENN MICKENS: Good morning. For the record, Glenn Mickens.
Thank you Kaipo. You have a copy of my testimony. I will read it for the record
please. Since I must be at a KIF game today, I will testify on C 2009-116 instead of
draft bill 2306 which comes up later on the agenda as you know, and I appreciate
Kaipo giving me the chance to speak on it now. Unless we have some proof of what
bang we will get for our buck on itemized or itemization of where the money is
going, I am opposed to giving the Kauai Visitors Bureau this economic stimulus
grant of $500,000. Surely the visitor industry is the main engine that keeps our
economy running. I understand this, but we had a previous Mayor who took trips to
some of the poorest countries in the world to promote tourism, and I believe that the
taxpayers are entitled to a more detailed plan than was done then or is proposed
now to show where the money is going. Remember how this Council passed the
$85,000 grant to KPD without looking at the big picture. Then Councilman Chang
did further investigation and found out that KPD already had a waiting list for
recruits, so this money wasn't needed for advertising or recruiting. In fact, I believe
that KPD declined wanting this grant, but wants $82,000 more for some other
purpose.
The point that I am trying to make is that this Council should explore every
avenue before it okays any funds for whatever project that comes before them. For
me, this I am offering as a solution. For me, airfares are the single largest expense
that keeps people from coming to Kauai. I would suggest that instead of using
advertising as a means of getting tourist to Kauai, why don't we offer vouchers for
anyone coming here to... say an arbitrary figure, $200 off their plane tickets and the
only stipulation would be that the voucher could not be used for anywhere except
coming to Lihu`e. Using this $500,000 for vouchers would translate into 2,500 more
tourist and we would know exactly where our money went, and what we got for it.
In fact, maybe the airlines or the hotels or the rental car companies could be
convinced into putting up another $500,000 to match ours, and double the amount
of people coming here. Certainly airlines on the mainland, once offered trip fares
COUNCIL MEETING • - 3 - • March 25, 2009
from California to Washington D.C. for $99 and people who may not have even
wanted to go to Washington D.C. went anyway to take advantage of the gift airfare.
I am sure a lot of you... Tim, you in particular from California, over the years, many
of the airlines have offered huge discount fares to Hawaii, and people have jumped
at these opportunities to come here. Again, I believe that airfares are the trigger to
reinvigorate tourism, even the horrendous economic slump that we are in. Any
questions about my testimony?
Chair Asing: Councilmember Furfaro?
Mr. Furfaro: Thank you Mr. Chair. Thank you Glenn for your
testimony. I do want to assure you that there are members of Mr. Kaneshiro's
committee like myself that have had an item to... time to look and evaluate this
financial proposal as well as other members that are part of Mr. Chang's Committee
on economic stimulus that have been able to review a pretty comprehensive plan
that was submitted to Mr. Chang from Mr. George Costa. I do want to point out
that, today in particular, about 65% of the room nights that come to Kauai probably
come from about 12 major customers, and these are customers that are referred to
as wholesalers. Their performance is measured by room nights actually booked for
the island. I think you brought out some very good points about automobiles and
airlines, and so forth. These same wholesalers... I will give you an example... one
like Expedia that you see on t.v. and so forth, but they are struggling with their
marketing dollars as to which destinations they actually can promote in their
system. None of this is really directed as a travel and trade show. It is really
directed at those key customers that we refer to as wholesalers. In that plan,
Mr. Costa did line up some anticipation of what kind of room numbers they would
increase and how those packages tie specifically to what is today some very .
aggressive and discounted airline packages, as well as rental car proposals.
Our problem seems to be on Kaua`i... if we stimulate some of the room nights
here, the reality is that many of the car agencies have returned cars to Honolulu,
but these programs are really tailored to those wholesale companies that can be
measured by room night. I think the idea is to use some of that surplus that I have
shared with you recently and others at the table to help stimulate Summer traffic.
Because when Summer arrives, we will still be just about approving the new budget
and that is why it is coming in as funding for stimulus. But there is a plan and at a
separate date given the opportunity, I am sure Mr. Costa would be glad to share it
with you, but it has measurable results from these key customers.
Mr. Mickens: Do you agree that airfare is probably one of the
biggest factors in getting people to come... more or less, I am thinking from the...
Mr. Furfaro: Like I said, I don't disagree with you on the
packaging, but that is what specific wholesale customers do. They do exactly what
you are asking for. They package them.
COUNCIL MEETING - 4 - • March 25, 2009
Mr. Mickens: Right.
Mr. Furfaro: And it is not just the best airfares that we have
seen in a long time right now to Hawaii, it is also the best airfares that we have
seen to other destinations. Now, I just have to tell you on another note, the money
that we had put off for the Police recruitment, we may differ on that, but I can tell
you right now in my tracking, we had 91 new applicants for the Police Department.
We had 45 of them that actually... the 91 actually passed the test, 45 of them
actually applied with the background to do the background search which $20,000 of
that money was earmarked to do. The reality is, it looks like we could fill a pretty
good portion of the vacancies that we have, so I don't want to call out, and say that
we had no benefit, and that this Council didn't do its homework. Now, the Police
Department may have disagreed on where they wanted to spend the money, but,
again, I just want to reassure you that they did 91 people pass the examination. We
have never had a number like that since I have been on the Council.
Mr. Mickens: I think Councilmember Chang found that out when
he did his investigation.
Mr. Furfaro: But that is not the subject matter.
Chair Asing: Let's not move off the subject.
Mr. Furfaro: Just since he commented on it, I wanted to give him
the feedback. Thank you Mr. Chair.
Chair Asing: Thank you.
Mr. Furfaro: Thank you Glenn.
Mr. Kaneshiro: I had one quick question for Mr. Mickens.
Apparently, through your testimony, you haven't seen the presentation of the
stimulus plan that they have for this then? Is that correct?
Mr. Mickens: Of the $500,000?
Mr. Kaneshiro: Yes.
Mr. Mickens: No, I haven't seen any figures from that.
Mr. Kaneshiro: I just wanted to be clear that...
Mr. Mickens: Do they have a list of where that...
Mr. Kaneshiro: They do have a plan and it will be presented at a
later time, but they do have a plan, and I believe your testimony where you are
COUNCIL MEETING • - 5 - • March 25, 2009 -
saying, $500,000 going to advertising and so forth, is not really what the plan calls
,for. I appreciate... I understand your feeling about this and, you know, and the
money being spent wisely, but I think after you see the presentation, you know, you
will see that all of the $500,000 is really going to (inaudible).
Mr. Mickens: I would appreciate getting a copy of that.
Mr. Kaneshiro: But I thank you for your testimony.
Mr. Mickens: Thank you Daryl.
Chair Asing: Is there anyone else?
Mr. Mickens: Thank you Kaipo.
Chair Asing: Is there anyone else in the audience who wants to
speak on this item? If not, I would like to call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: We have a motion to receive. Any further
discussion? If not, all those in favor say aye?
The motion to receive C 2009-116 for the record was then put, and unanimously
carried.
Chair Asing: Next item please?
Mr. Nakamura: On page 2 of the Council's agenda, communications
for receipt. Communication C 2009-117, C 2009-118, C 2009-119, C 2009-120,
C 2009-121, and C 2009-122.
C 2009-117 Communication (03/03/2009) from the Director of Finance,
transmitting for Council information the Period 7 Financial Reports -Statement of
Revenues as of January 31, 2009: Mr. Kawakami moved to receive C 2009-117 for
the record, seconded by Mr. Kaneshiro.
C 2009-118 Communication (03/03/2009) from the Director of Finance,
transmitting a request to appropriate $300,000 from the available surplus and
appropriations estimated in the General Fund to the Office of the County Attorney's
.Consultant Services-Special Counsel account for a shortfall of anticipated expenses
associated with litigation and outstanding special counsel fees and costs:
Mr. Kawakami moved to receive C 2009-118 for the record, seconded by
Mr. Kaneshiro.
COUNCIL MEETING. - 6 - • March 25, 2009
C 2009-119 Communication (03/13/2009) from the Mayor, transmitting for
Council consideration an amendment to the Cost Control Commission's
recommendations to amend Chapter 19, Article 3, subsection 19-3.2 of the Kauai
County Code 1987, relating to increasing the playing and driving range ball token
fees at the Wailua Golf Course effective July 1, 2009: Mr. Kawakami moved to
receive C 2009-119 for the record, seconded by Mr. Kaneshiro.
C 2009-120 Communication (03/13/2009) from the Director of Finance,
transmitting for Council consideration amendments to the solid waste tipping fee
for commercial waste accepted at the Kekaha Landfill from $80 per ton to $90 per
ton, effective July 1, 2009: Mr. Kawakami moved to receive C 2009-120 for the
record, seconded by Mr. Kaneshiro.
C 2009-121 Communication (03/13/2009) from the Mayor, transmitting his
Fiscal Year (FY) 2009-2010 Budget Message, along with his proposed Operating
Budget, Capital Improvements Budget, and Real Property Tax Rates:
Mr. Kawakami moved to receive C 2009-121 for the record, seconded by
Mr. Kaneshiro.
C 2009-122 Communication (03/19/2009) from the Mayor, transmitting for
Council approval a Resolution entitled, "County of Kauai, Hawaii, Fiscal Year 2010
Federal Agenda," as the official Federal Agenda for the County of Kauai for the
federal Fiscal Year 2010 appropriations process during calendar year 2009:
Mr. Kawakami moved to receive C 2009-122 for the record, seconded by
Mr. Kaneshiro.
Chair Asing: I'd like to suspend the rules.
There being no objections, the rules were suspended.
Chair Asing: Good morning.
TORE WISTROM, COST CONTROL COMMISSION CHAIR: Mr. Chair and
Councilmembers. I am Tore Wistrom and I am the current Chair of the Cost
Control Commission. I would like to testify in connection with the C 2009-119. I do
have written testimony here if that can be delivered to you. Again, my name is Tore
Wistrom. Our Commission started working on a possible golf course increase about
a year ago. We had a few meetings with Mr. Ed Okamoto, who then ran the golf
course for the Parks & Recreation Department. Mr. Okamoto agreed with the
Commission that a fee increase was due and that there hadn't been a fee increase
for about 7 years. The Commissioners asked Mr. Okamoto to come up with a
recommended fee structure with a goal of making the Wailua Golf self sustaining as
it relates to the operating expenses, and our goal was to have that happen within a
3 to 4 year time period. Mr. Okamoto said that he would work closely with the
Kauai Golf Association in order to develop and recommend a fee structure and last
December, our Commission received a copy of his recommendations.
COUNCIL MEETING • - 7 - • March 25, 2009
The recommended increasesQwas over a period of 7 years. It was for year
2009, 2011, 2013, and 2015. Our Commission felt that the agreed upon or the
proposed fee increase (I should say) were appropriate and felt that a 4 year period
would be more appropriate. The Commission adopted the proposal with that one
change making increases applicable for the year 2009, 2010, 2011, and 2012. The
first year has the largest increase of fees with a proposed increase of approximately
$677,000. The largest increase is for non-residents, the smallest increases were for
seniors and juniors. The senior's increase would be approximately 6.7% of the
proposed fee increase and juniors, .9%. The fee increases for the 4 years in question
is outlined in my testimony... approximately $677,000 for year 1, $230,000 for year
2, $174,000 for year 3, and $192,000 approximately for year 4, which is 2012.
The preliminary operating budget for the Wailua Golf Course for budget year
2009-2010 as submitted by the Mayor is approximately $2,367,000 and if we
assume a yearly increase of expenses over the following years were approximately
5%, then in budget year 2012, 2013, the operating expenses for Wailua Golf Course
will equal the revenue generated at the golf course. At that point in time, the
revenue would be approximately be $2,740 (As stated in Mr. Wistrom letter, should
be $2,740,000) and the expenses the same, and the Wailua Golf Course would be
self sustained as it relates to operating expenses which was the intent of the Cost
Control Commission. I have on page 2 just for your information outlined where the
increases and takes place for... as far as seniors, residents, non-residents, and
juniors, and you will at the bottom of the senior column see in smaller print 6.7%,
and that is the senior's share of the proposed increases, and then the juniors, you
will see .9% increase. Thank you Mr. Chair. That is all...
Chair Asing: Thank you. Tim?
Mr. Bynum: Thank you for your testimony today Mr. Wistrom.
Also, thanks for the work of the Cost Control Commission. I am very appreciative of
the activism or the hard work that the Commission is doing. I read your testimony
with interest, but I... there are a couple of philosophical things here and one,
numbers sometimes get confusing here. Your number, I am sure is accurate, and
the increase for seniors is 6.7 of the overall increase?
Mr. Wistrom: That is correct.
Mr. Bynum: But the dollar increase is a 54% increase. It goes
from $26 to $40 in just the first year is a significant, you know, increase. And so the
Wailua Golf Course is an extraordinarily wonderful amenity for many of our
community members, and for many, is a huge part of their life particularly the
retirees. So I have... in spite of that, the golfers have agreed that some fee
increases are appropriate, and I appreciate that wisdom on their part because it is a
great deal. It is a great deal when you look at what golf fees are for private courses.
COUNCIL MEETING. - 8 - • March 25, 2009
On the other hand, and I see the Cost Control Commission's goal is for revenues to
match expenditures, is that correct?
Mr. Wistrom: Well, that was said. The intent of it, but certainly
we are very sensitive to what the public feels about this too. Mr. Okamoto worked,
as I said, closely with the Kauai Golf Association. The Kauai Golf Association
made also testimony in front of the Cost Control Commission and agreed that this
increase was appropriate, and I guess (inaudible) word in his mouth, but overdue.
The increase for the seniors, you are right, is certainly overall more than 6.7%.
6.7% relates to the increase that we are looking at. Their increase in fee on the
monthly card goes from $36 to $40 which is a 35% increase. So instead of paying
$26 a month, it goes to $40 a month and that is a fee structure that Mr. Okamoto
put together for the Administration and our Commission.
Mr. Bynum: And then I just want to address because I know
we will be discussing this in the future, but the philosophical concept here. I don't
know that it is not appropriate that the County contribute some General Fund
moneys to the operation of Wailua Golf Course. It is a recreational opportunity for
many people and, you know, County traditionally funds recreational opportunities
in tennis, and basketball, and all kinds of other facilities that we don't charge fees
for, but the whole issue of fees is a really interesting one. I think the question is
that, what is an appropriate level that our County budget supports that particular
recreational activity. I am sure that we will have that discussion around the table,
but I did want to point out that... the percentage of revenue increase is low, the
percentage of increase in terms of real dollars is pretty significant from what it is
now to what is proposed, but I look forward to having this discussion, and coming to
a conclusion that meets everybody's needs. Thank you very much.
Chair Asing: Thank you very much. Anyone else?
Councilmember Furfaro?
Mr. Furfaro: Tore, thank you and the Commission for the work
on this.
Mr. Wistrom: You're welcome.
Mr. Furfaro: I am going to probably just share some questions
that I have for you to actually respond to a later date, but to give you and the group
a little understanding. First of all, I would like to be, as a Councilmember, I would
like to get a notice of your meetings with the public in the future. None of us here
on the Council were made aware that you were having meetings. It would have
been very good for us to be able to listen at the same time along with you, so I would
make that request for future meetings.
Mr. Wistrom: I will make a note of that.
• •
COUNCIL MEETING - 9 - March 25, 2009
Mr. Furfaro: The second piece is, in your forecasted numbers
here, this really... it equates to about a 48% increase and yet at the same time, I
have no knowledge that as we had the projected increase in rates, did the Cost
Control Commission make any assumptions that there would be a discount in the
number of rounds. When we get into more detail, I would like to see that because I
don't think we could have left the rounds stagnant and just apply the increases, but
more along the lines that we should assume that if certain people played 3 times a
month, that maybe there would be some impact that they would only play 2 times a
month. I would also like to know under the non-resident numbers, how you made
your projections against what the projected occupancy is on the island for non-
residents. I would also like to know on the new rate that you are proposing of $275
for the 5 play rounds that basically equates to about a $55 increase for non-resident
players, and how does that compare with your private golf course as far as rate
structure? And the other thing is, along the lines that I think Mr. Bynum
mentioned, I think the mandate... I don't know where it came from that the golf
course should get to a point where it is in a breakeven operation. I can tell you that
there is a lot of private courses on this island right now that their courses don't
make money. That there is a kind of margin of consideration I'd like to know about
that deals with how competitive in the non-resident rounds are we... when it comes
to the private golf courses against their kama`aina rates. I think those are really
important and if there was any decrease. Also, I noticed in the Mayor's review
which is a little contradictory to what I just heard. They indicated that there would
be no recommended increase for 2010, yet, on the schedule that you presented to us,
there is an increase. The Mayor makes reference to 2010 as being a very tough
economic year, and therefore, not knowing all the other moving parts with
bargaining unit cost, and so forth, he has indicated that this one time adjustment,
might be fora 2 year period, so I need some clarification on that. But I don't want
the period to end without saying that we appreciate all your work.
We would have liked to be listening in the audience at the time, that is why
there are these series of questions from me, but please also consider in your
philosophy... when people go to play tennis at night, we don't charge them for the
lights. When people play baseball in a league, we don't charge them for the lining of
the fields and the maintenance, and so forth. There is some assumption and I don't
know how philosophically we can agree on this, but there is some assumption that
to keep families strong and to keep the community strong, recreation is a benefit
that we extend for the purpose of having reasonable cost applied to what they see as
reasonable value. It is a very hard cross, but you've heard my list of questions, and
I would like you to anticipate them when we get closer to the budget rounds.
Mr. Wistrom: That would be fine. Some of them I could
probably answer now, but most of them not.
Mr. Furfaro: They will come up again when we get to the
budget. Thank you very much for all your work and the Commission's.
COUNCIL MEETING • - 10 - • March 25, 2009
Mr. Wistrom: You're welcome.
Mr. Furfaro: Thank you Mr. Chair.
Chair Asing: Thank you. Anyone else? Councilmember
Kawahara?
Ms. Kawahara: Thank you. Hi, thank you for coming this
morning. I am the Chair of the Parks & Recreation Committee actually, so I really
appreciate your work discussing the fees for the golf course. I do have serious
concerns about seniors and juvenile fees, and also the non-resident I think we can
maybe tweak more. There is a bill that was received from the Mayor and it is... as
Councilmember Furfaro was saying, it just is for the one year and it seems to leave
off any increases for 7 years. I am more leaning towards that and they also made
another... a second category for seniors as super seniors. I think that is a better
way to spread out the fees, but I am still looking at how it would affect seniors and
juveniles especially. I was also concerned about whether you guys were able to
factor in the loss of revenue or the... for the disincentive of playing with the raise in
fees. And I have been... I also want to say that I have been speaking with a lot of
different golfers and they recognize the value of the golf course and the value that
they have gotten from playing it. They mostly agree that there should be a raise. Of
course, the devils in the details, but it was gratifying to realize that they all love
their course, and they realize that they have a responsibility and want to be able to
contribute more to it. So that is the stuff that I am going to be bringing up when
you come up... when we do an actual hearing, but those are my main concerns... the
seniors and the juvies and making a tweaking of non-resident, and part-time
(inaudible). Thank you.
Chair Asing: Thank you. Anyone else? Councilmember
Kawakami?
Mr. Kawakami: Hi, good morning. I noticed that in your
testimony on your spreadsheet, you don't list monthly card for juniors, but in the
actual proposed bill, there is a monthly card for juniors, and is that something that
the Cost Control Commission recommended to the Administration?
Mr. Wistrom: No, we submitted to the Mayor an ordinance
which did not have the monthly fee for juniors. As I said in my testimony and what,
we, the Commission did, is what I am testifying on. I can't address or make any
comments...
Mr. Kawakami: I am just asking.
Mr. Wistrom: But we did not adopt that in that it was not a
recommendation at the time from the 'Parks & Recreation Department and
COUNCIL MEETING. - 11 - ~ March 25 2009
Mr. Okamoto who ran the golf course. He did not suggest that there be a monthly
card for juniors, therefore, we did not talk about that even in our Commission.
Mr. Kawakami: Okay. Thank you.
Chair Asing: Thank you.
Mr. Furfaro: Another piece... thank you Mr. Chair. I do want
to make note that in their proposals, you will see in the past that when there was a
major capital improvement to go into the golf course whether they were recently...
we put another $408,000 into the golf course related to electrical needs as well as a
lift station I believe. Those kinds of capital have typically come from the surplus
and should not be necessarily in this format, be laid out as an anticipated reserve,
.and so forth. Because when we have the money in the surplus, the reality is, these
new equipment actually add asset value to the value, and I am sure that you
understand that. I just want to make sure that we were clear... we are not looking
at a budget other than the operating budget... other items for the golf course for
capital improvements are identified elsewhere.
Mr. Wistrom: That is correct Mr. Furfaro. We only operated
with and these ,numbers only consider operational expenses, not capital
improvements.
Mr. Furfaro: Thank you. Thank you Mr. Chair.
Chair Asing: Thank you. Anything else Councilmembers? If
not, thank you very much.
Mr. Wistrom: Thank you.
Chair Asing: Before I call the meeting back to order, Glenn?
GLENN MICKENS: Thank you Kaipo. For the record, Glenn Mickens.
My short testimony is on communication C 2009-118 and I will read it for the record
please. You have a copy of it. We are spending probably a million dollars or more
each year on outside legal counsel and our Finance Director is now asking for
another $300,000 for the same purpose. When Mr. Castillo was sworn into office as
our new County Attorney, he very wisely stated that he was going to review our
Deputy County Attorney's duties. Are there legal matters that are housed in... in-
house people could be attending to without spending huge amounts of money and
outside counsel? I would surely hope so. I have complete confidence in Mr. Castillo
and really feel that he will be able to straighten the problems out in our legal
department. I know that we have some fine dedicated Deputy County Attorney's
and I am not pointing the finger at them with all due respect to Lani who is here
today. I am not trying to get somebody fired, but something is radically wrong with
our system the way that it is now and change has to be made. Someone once said
COUNCIL MEETING ~ - 12 - ~ March 25, 2009
that we could probably save money by eliminating all Deputy County Attorneys...
just hire outside counsel on an as needed basis. That could be a solution, but it
would be a radical one and I just hope that Mr. Castillo can straighten things out
and find out the right thing to use. Anyway, thank you Kaipo.
Chair Asing: Thank you. Any questions Councilmembers? If
not, is there anyone else who wants to talk on any of the items that we are about to
receive?
RONALD HOLTE: On the golf course?
Chair Asing: Yes.
Mr. Holte: Mr. Chairman and Councilmembers. Thank you
for letting the Wailua Golf seniors testify. My name is Ronald Holte and I am the
President of the Wailua Seniors Golf Club. The Seniors Golf Club officers support
the County's and the Cost Commission efforts to reduce the annual funding deficits.
I worked as a club President and I am also a member of the Kauai Golf Association
and I was also a member of the sub-committee that was appointed to work with the
Golf Course Superintendent to come up with a reasonable fee schedule. We initially
supported a 7 year fee schedule that was proposed by Ed Okamoto. After several
iterations, we had many, many meetings on this. We have been working on it over a
year. So based on that, we feel that the amended bill from the Mayor for a one year
fee increase is reasonable, and that it is consistent with the first year of the 7 year
• schedule. But I do want to bring to your attention that the fee increase is not
without controversy within the senior members, but also within the golf community.
The big thing that comes up every time I talk with one of our members is, well, why
are the seniors being... why is the golf course players being picked on here when the
other recreation facilities in the County, there is no user fee. That is your big... the
big argument here. The other thing is, the increase... the one year increase of $26
to $40 is a 54% increase and a lot of the seniors feel that this is pretty hard on the
pocketbook. When I... I think it is a matter of communication because when I talk
with the members and explain to them what the alternatives are, they come back
that, well, this is reasonable because the Cost Commission originally wanted to do
away with the monthly cards and that is the first proposal we had when we worked
with Ed.
The next proposal was a monthly card plus the $3 daily fee when you played.
The seniors, we rejected that outright and everybody... not only the seniors that I
talked to wanted to retain a monthly card and they do not want the monthly fee. So
explaining this to my members and to my oflicers on the board that retaining a
monthly card, we do have to have an increase, so I think that has been accepted.
The other thing is the... I think to avoid these huge operating deficits every year is
we would like to see a policy... planning and budgeting that spreads the major
maintenance and improvement work over several years.
COUNCIL MEETING ~ - 13 - ~ March 25, 2009
For example, in the 2008-2009 year, they are doing the work out there now
on the clubhouse, the $471,000 in maintenance... it just looks like deferred
maintenance that could have been done... painting and putting in rain gutters and
things that can be done on an annual basis, and that is what makes the deficit out
there look real bad, and that is what the taxpayers look at. Hey, we are running a
$500,000 deficit, well, I think if we did a little better planning, we wouldn't have
these huge deficits. And in the event that there are major improvements and I am
sure that there will be in the future, we would like to see this allocated out tb issue
bonds and allocate that over 20 years as it was done on the sprinkler systems in
past years. Thank you for the testimony.
Chair Asing: Thank you. Any questions Councilmembers?
Councilmember Bynum?
Mr. Bynum: Mr. Holte, thank you for coming here today and I
really appreciate your work on the Committee and what I think is a reasonable
response for golfers. The Mayor's proposal, basically as you point out, takes the
first year proposal that you worked out. He says, let's wait on future years until we
see how things settle and how this works, and how the economies goes. One thing
different about this proposal that I think came from the golf community was a
proposal for a super senior rate. I just wondered if you wanted to comment on that
or say their support for that.
Mr. Holte: Well, at the meeting last month that the Mayor
and the Director of the Parks had with the golf community... that was one of the
issues that was brought up... the older seniors were very... I guess was unhappy
with the raise and some of them felt that they had put in their time and they pay
their taxes, and there shouldn't be any fees. So I think it is a good thing. The
groups that I play with... Japanese veterans of the famous regiment and they are
out there playing, and I think to put a face behind some of these numbers is a good
thing. I have a Korean veteran that I play with and the other thing is about the
seniors that you don't see in these numbers is that most of them have a disability,
and we have to take a cart, so that is another expense for the seniors that doesn't
really show here when you talking about this. But I think the Mayor's proposal for
keeping the rate at $26 for the super seniors would be well received.
Mr. Bynum: I appreciate that answer and your testimony and I
also want to acknowledge the Parks Department embracing that idea, and making
that part of the proposal.
Mr. Holte: I would like to commend Ed Okamoto for the work
he did on this and the County because he attended every meeting and these were
night meetings, and I am really happy with the cooperation that we had with the
County and had working with the Golf Association.
Mr. Bynum: Thank you very much.
COUNCIL MEETING - 14 - ~ March 25, 2009
Chair Asing: Thank you. Councilmember Chang?
Mr. Chang: Thank you Mr. Chair. Mr. Holte, thank you for all
your hard work. You know, as requested by Councilmember Furfaro to... Tore
Wistrom, if and when you folks do have other meetings, I think it is really, really
important to get the Council people involved because when there were meetings in
the past, myself being a golfer and a lot of people that know that I am a golfer, I
heard from parents, from super seniors, from seniors, and it was... You know, I
guess a little embarrassing because many of us probably got hit from the blindside
because we never knew a meeting was conducted. I think in addition to getting
Lenny Rapozo and Mayor Carvalho involved in these discussions, I think it is huge
to get the Councilmembers involved because so many of us are in the community
and we know these parents and we know these super seniors. We just had a
testimony right now from Dick Ueoka in regards to his sensitivity of the juniors.
Mr. Holte: Right.
Mr. Chang: And we do get a tremendous amount of calls
because this golf increase talk has been going on for many, many years, and for all
of us, we want to make the right decision because most people all agree that an
increase is necessary.
Mr. Holte: Yes.
Mr. Chang: And I believe many people don't mind paying an
increase. It is just that these are very, very radical for many, many people, and we
can understand and we can sympathize, but would really encourage and just ask
you to get us involved because while we are there, we can talk to everybody one on
one. We can better make our decision when we get the public hearing that
everybody is here to testify, and we can simply base our decision on what the
community really is sensitive to. Again, I thank you.
Mr. Holte: I can really appreciate your comments because not
only is the Council, you, not aware of what went on, but most of our members at the
golf course did not know what went on. I think there were a lot of rumors and
things going around that just weren't factual. When I could meet with my members
and explain what was going on, it definitely helps. I would encourage you to attend
our meetings and to encourage the Director of the Parks to make a public
announcement when there is going to be a meeting. I think that would be very
helpful.
Mr. Chang: Thank you Mr. Holte.
Chair Asing: Thank you. Anyone else? If not, thank you.
COUNCIL MEETING • - 15 - • March 25, 2009
PHIL STERKER: Good morning Chair Asing and Councilmembers. I
am Phil Sterker from Kalaheo. I don't speak for anybody except Sandy. I
appreciate all the anguish we are going through trying to make a decision that is
based on what the community needs. Dumb me, I thought that Wailua Golf Course
was just part of living in paradise. It is very, very inexpensive by other standards;
however, I find that sometimes our standards aren't all the same that what may be
expensive for somebody could be for somebody else. But I agree with Ron that the
people that I talk to are not opposed to a dues increase. They are aware, it had to
happen, it hasn't happened in such a long time. They will accept that particularly
based on the Mayor's recommendation of one year program to see the effect. Times
have changed since that was originally put out. We are... if you can't eat it, you
don't need it. Not quite that dire, but it is getting where we need to be concerned
about that. I have used golf in the past for recreation as I know a number of people
have, but for me, it is humiliating. I am not a humble person, but I get on the golf
course and I learn humility. I am not saying that I need it, but I get it there, and I
continue to go back. If there is anything that needs conveying, you have a more
than adequate person in Ron Holte. He is doing a good job... I see him talking all
the time... I talk to the people he doesn't talk to. I am tremendously impressed with
the questions that you asked the previous speakers. I think you got to the core of
the matter... one last (inaudible) PR is involved. What you do to the golf course is
going to (inaudible) to everything else and the PR you are going to gain from me in
particular speaking how good you are doing, is going to be an advantage to you I
believe. I thank you for your time.
Chair Asing: Thank you. Is there anyone else? Mr. Taylor?
KEN TAYLOR: Chair and members of the Council, my name is
Ken Taylor. Sometime in the last couple of weeks, there was an article in the
newspaper about the potential need of raising the fees for the use of the County
parks and other facilities. If the County is going to move in that direction, at least a
percentage of whatever is applied to those facilities should also be applied to the
golf course. In this fee issue, a lot of the people play 2 and 3 times a week... all they
had to give up is 1 or 2 games a year to make up the difference and in the fees, and I
don't think that is asking too much. If you look at the parks, the use of the parks,
most of the local people that use the facilities, use the parks maybe once a month or
even less. So the burden is even greater on the community that probably could
least afford any kind of activity, and don't really have an opportunity to give up a
use of the park to make up the difference in cost. I think before you move forward
with their recommendation, you should really consider that, yes, everything is going
up, and things aren't pleasant, and the inflation is going to get much worst. It is
unfortunate... it is a fact of life, and we are going to have to deal with it. I think it is
important not to close the door on this issue at least at this time until we can see
better the situation. But these next few years aren't going to be pleasant for any of
us and, yes, recreation is a very important thing, but where do you draw the line. I
think providing recreation for the children of the community, our top priority and it
goes down from there. There are lots of ways for us seniors to get exercise besides
COUNCIL MEETING. - 16 - • March 25, 2009
playing golf. Yes, it is a wonderful opportunity when you can go out and play, but
the cost of running a golf course are high, and it is pleasant to have this
opportunity, and there is certainly a much cheaper to play golf there, than at some
of the private clubs. We know that, but we also know that we have budget problems
and these things need to be able to carry themselves, and I think you have to really
consider that as what Cost Control Commission has done. I think a very fine job and
their job is to look at making these things self sufficient, and not necessarily what
does some senior has to have a cart because of his disability or whatever. I know
there is... it is a tough string to pull, but it has to really be addressed and the golf
course caters to a relatively small part of the community, so let's make sure that we
don't burden the rest of the community with these problems. Thank you.
Chair Asing: Thank you. Any questions Councilmembers? If
not, thank you very much. Is there anyone else in the audience that wants to speak
on any of these items that we are going to be receiving? If not, I'd like to call the
meeting back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: We have a motion to receive these items. Any
further discussion? Councilmember Furfaro?
Mr. Furfaro: Thank you. On item 117, Mr. Chair, and I know
that I have said this in the past as we have looked at these revenue reports. Could
we just make note again that when we get to April 6 on the revenue estimated
versus the actual, if we could have time in the budget review to actually see the
treasurer's report, and review the revenue forecast.
Chair Asing: Thank you. Any further discussion?
Councilmember Kawahara?
Ms. Kawahara: On 118, I just wanted to say... I wanted to let the
County-attorney know that I am going to be really interested in finding out about
the $300,000 that they are requesting and the expenditures prior to that, but made
it necessary to ask for more. Thank you.
Chair Asing: Any further discussion?
Mr. Kaneshiro: I have one. Mr. Chair, thank you. The last
speaker mentioned some proposal floating around where fee increases for other
park areas. I don't believe that is true. I want to point that out for the record that as
the Budget & Finance Chair, I have not been given a proposal as such, so just for
clarification purposes, I wanted to make that statement. I guess he started off by
saying that there were other proposals or fee increases for other park areas,
therefore, the golf course should follow and be consistent following those fees. Just
to be clear, I want the public to know that we are only talking about golf increases
COUNCIL MEETING • - 17 - • March 25, 2009
at this current time. I do not see any other proposals before us and I haven't heard
of any from the Administration as of today. Thank you Mr. Chair.
Chair Asing: Thank you. With that, we have a motion on the
floor to receive. Before I do that, I just have a couple of comments. One of the
comments that I have is that one of the speakers mentioned that... why are the
golfers being picked on. If they get an increase in fees, why aren't others? Why
don't others pay fees also? You know, it is not as easy and simple and black and
white as it appears to be. As an example, if you talk about the private sector does
not provide football fields, baseball fields, soccer fields, and therefore, there is a
connection or misconnection there.
About 10 years ago, that golf course was self sufficient. That is the way that
we ran it. We ran it so that it would have to take care... it is an enterprise fund,
and it was designed to take care of itself. That is the way that it was set up and
what happened over a period of time was the big hit of the sprinkler system that
came in. When the sprinkler system came in, there was just not enough money to
run it and from that period of time is when the General Fund started to subsidize
the golf operations. So there is a lot of history, there was a lot of talk about, should
it go back into being self sustaining, and for many, many years, it was a self
sustaining operation. So I just wanted to bring some of those historical data up, so
that people understand a little bit more.
The meeting was called back to order, and proceeded as follows:
Chair Asing: With that, all those in favor say aye?
The motion to receive C 2009-117, C 2009-118, C 2009-119, C 2009-120, C 2009-121,
and C 2009-122 for the record was then put, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: At this time Mr. Chair, on page 3 of the Council's
agenda if we could go to the bottom of the page. Communication for approval which
is communication C 2009-127.
C 2009-127 Communication (03/19/2009) from the Director of Parks &
Recreation, requesting Council approval to apply for, receive, and expend funds of
$700,000 from the National Oceanic and Atmospheric Administration (NOAA)
Coastal and Estuarine Land Conservation Program (CELCP) Grant for land
acquisition of Lot 49 (TMK: (4)-5-5-001:011) adjacent to Black Pot Park:
Mr. Furfaro moved to approve C 2009-127, seconded by Mr. Kaneshiro.
Chair Asing: With that, I'd like to suspend the rules.
There being no objections, the rules were suspended.
COUNCIL MEETING. - 18 - • March 25, 2009
Chair Asing: Lenny?
LEONARD RAPOZO, JR., DIRECTOR OF PARKS & RECREATION Good
morning. For the record, Director of Parks & Recreation Lenny Rapozo.
Chair Asing: Why don't you just give briefly what the
communication is.
Mr. Rapozo: What the communication is that since the last time
we came before this body, we had initially came and we talked about applying for a
grant from the Land & Water Conservation Fund which we subsequently learned
that we were ineligible to apply at this time. So this is another funding source in an
effort to put together enough money to the purchase of what has been known as the
Hodge property near Black Pot to expand Black Pot Park.
Chair Asing: Thank you. Any questions for Lenny? If not, thank
you Lenny. I would like to call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: We have a motion to approve and we have a second.
Any further discussion? Councilmember Furfaro?
Mr. Furfaro: Yes, Mr. Chair, I would like to bring to the
Administration's attention as well as the Parks Director that at budget time, I
would like them to evaluate the amounts of funding available to us in the Parks
account for the Halelea District. There is a number there that has been there for
several years that some of it could be used for park acquisition. That is my only
comment at this time.
Chair Asing: Okay, thank you. Any further discussion? All those
favor say aye?
The motion to approve C 2009-127 was then put, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: We are back at the top of page 3 of the Council's
agenda which is a communication for approval, communication C 2009-123.
C 2009-123 Communication (03/06/2009) from the Fire Chief, requesting
Council approval to accept the donation of a jet-ski, trailer, cover and other jet-ski
incidentals valued at $13,110 from David and Gina Moore to be stationed at the
Hanalei Fire Station: Mr. Furfaro moved to approve C 2009-123 with a thank you
letter, seconded by Mr. Kawakami, and unanimously carried.
COUNCIL MEETING • - 19 - ~ March 25 2009
Chair Asing: Next item please?
Mr. Nakamura: Next matter for approval is communication
C 2009-124.
C 2009-124 Communication (03/12/2009) from the Executive on
Transportation, requesting Council approval to apply for, receive, indemnify and
expend a Federal Transit Administration (FTA) Section 5311 and 5311(b)(2) Rural
Transit Assistance Program (RTAP) grant for operational, administrative and
training expenses for the County Transportation Agency in the amounts of $526,853
and $10,230, respectively: Mr. Furfaro moved to approve C 2009-124, seconded by
Mr. Kawakami, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter for approval is communication
C 2009-125.
C 2009-125 Communication (03/12/2009) from the Executive on
Transportation, requesting Council approval to apply for, receive, indemnify and
expend an American Recovery and Reinvestment Act of 2009, 49 U.S.C. Section
5340 Growing States and High Density States Formula program grant for transit
capital assistance to the County Transportation Agency in the amount of $977,812:
Mr. Furfaro moved to approve C 2009-125, seconded by Mr. Kawakami, and
unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next communication for approval is
communication C 2009-126.
C 2009-126 Communication (03/19/2009) from the Chief of Police, requesting
Council approval to apply for, accept, indemnify, and expend grant funds
appropriated by the U.S. Department of Justice, Office of Community Oriented
Policing Services under the COPS Hiring Recovery Program to hire four (4)
additional Officers for approved entry-level salaries and benefits for three (3) years
in which the grant will cover approximately $980,352.00 and the County's
obligation will be approximately $195,265.00: Mr. Furfaro moved to approve
C 2009-126, seconded by Mr. Kawakami, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter for approval on page 4 is legal
documents attached to communication C 2009-128.
COUNCIL MEETING. - 20 - • March 25, 2009
LEGAL DOCUMENT:
C 2009-128 Communication (02/24/2009) from the Chief of Wastewater,
requesting Council approval of two (2) agreements that collectively provide for the
development of the "R-1 Upgrade Project" for the Lihu`e Wastewater Treatment
Plant (WWTP) which involves a partnership with Kauai Lagoons, LLC:
1) Amendment to Agreement Regarding STP Effluent (Contract No.
6582) by and between Kauai Lagoons LLC and the County of Kauai.
2) Lihu`e Wastewater Treatment Plant Effluent Upgrade Agreement by
and between Kauai Lagoons LLC and the County of Kauai:
Mr. Furfaro moved to approve C 2009-128, seconded by Mr. Kawakami.
Chair Asing: Any discussion? Councilmember Furfaro?
Mr. Furfaro: Mr. Chair, I would just like to know that if our new
County Attorney has had an opportunity to review these documents at this time.
Chair Asing: With that, can we have the County Attorney up
please.
There being no objections, the rules were suspended.
ALFRED CASTILLO, JR.: COUNTY ATTORNEY: Good morning everyone. Al
Castillo, Jr., County Attorney.
Mr. Furfaro: Good morning.
Chair Asing: We have a question from Councilmember Furfaro
and the question is, have you had the opportunity to review these documents?
Mr. Furfaro: I know that they were not on your watch Al, but I
just think they are pretty significant partnership agreements on the wastewater.
Mr. Castillo: I have not... you know, I saw this on the agenda
and I have not reviewed the documents, but my concern was... talking to the
attorney that I know that is handling that, I can report back to the Council and it is
awkward for me to be your attorney at this point right here, and then come up and
testify because it is awkward so... and I think what I would be sharing with you
regarding my take on the documentation would be more appropriate in executive
session, but that is only my take right now unless I have the chance to meet with
the Deputy and review the documents.
Mr. Furfaro: Well, since they are signed off on and they are
available in the County Clerk's Office, I will be voting to support this, but I think
certainly it has been signed off, it is a very unique partnership, and I would request
that you take some time to review it.
COUNCIL MEETING • - 21 - • March 25 2009
Mr. Castillo: Well, the problem... I am sorry, not the problem.
The existing situation with me coming on board and reviewing everything that has
happened in the past. There are... like I said before, I seek to address the problems
and there will be many changes.
Mr. Furfaro: Let me be very blunt in asking the question. I
thought the agreement was a very good one. I thought it was a very good
partnership, but we enter into this venture and the economic conditions are not the
same.
Mr. Castillo: I agree.
Mr. Furfaro: That is all that I am asking that you have an
opportunity... that is all that I am asking that if there is... in today's economic
downturn, any things that we should be aware of as it comes to, you know, work
completion and so forth, I would just ask you to take a look at it. That is my only
request Al.
Mr. Castillo: Thank you and it is hard for me to second guess
what has been done in the past when I wasn't privy to all of the conversation and all
of the reasoning behind what was done.
Mr. Furfaro: And I don't want to be implying anything, I would
just ask you to review it.
Mr. Castillo: Okay, thank you.
Chair Asing: Councilmember Bynum?
Mr. Bynum: Good morning. What I kind of hear you saying is,
there is no way at this time you could have reviewed everything that has been
happening at the County Attorney's Office. At this time, it would be inappropriate
to expect that you had personally reviewed every single issue that the office deals
with.
Mr. Castillo: Well, at least, you know, I had the time to review
the agenda and when I looked at the agenda and I said, I too, had the same question
regarding these documents. Because as I go through my daily routine, you know, I
find that there are a lot of procedures that we do that really needs a second look and
really needs tweaking in order to protect our County.
Mr. Furfaro: Let me clarify this in case Councilman Bynum
didn't hear me. I certainly have enough business experience that you enter into an
agreement. You have an agreement...
COUNCIL MEETING. - 22 - March 25, 2009
Mr. Castillo: Yes.
Mr. Furfaro: Let me restate the question. For the County's
position in today's economic times, could you take a look at the documents because,
obviously, we are all uncertain and these documents might reference some financial
exposure in the partnership.
Mr. Castillo: And your concern is well taken.
Mr. Furfaro: Thank you.
Mr. Castillo: Regarding an agreement that was made in a
different time when we had... when we thought we had money to use, but we all
could not anticipate what has happened and now... you know, exactly what I will do
is go look back and see what was done and address your concerns regarding the
change in the economic times... financial times that we have now.
Mr. Furfaro: Just so we all understand, I wasn't questioning the
validity of the agreement, I was questioning any potential exposure we have in an
economic downturn.
Mr. Castillo: Understood.
Chair Asing: Thank you. Any further questions? Councilmember
Kawahara?
Ms. Kawahara: Chair, thank you Chair Asing. I would want
clarification on what you meant by it is all signed off already.
Mr. Furfaro: Yes, if you read the document, it says that the
copies are on file in the Clerk's Office. Now this is a partnership agreement which
we will have certain benefits to the improvements of wastewater treatment that, in
my opinion, are second to none. Okay, but there is a need to complete the job and
are there any financial pieces to this agreement that we may not have identified in
a budget especially at a time when we have an economic downturn. I think that the
work that the Wastewater Department has done and the partnership that we have
with Kauai Lagoons is outstanding, but we may have some financial exposure that
we want to be aware of early on in today's economic downturn.
Ms. Kawahara: Okay, but we still do we... does the Council still
need to approve it before the document becomes activated?
Chair Asing: Yes, the answer is yes.
Mr. Furfaro: Yes.
COUNCIL MEETING ~ - 23 - • March 25, 2009
Ms. Kawahara: Okay, may I request deferral or something for this,
so I can see... I didn't even have a chance to look at the copies and I know that
Councilman Furfaro is pretty...
Chair Asing: I don't see a special need to...
Ms. Kawahara: Pretty sure about it. I just wanted to be sure that
we leverage... we are getting a lot of benefits from it, absolutely. There was an
issue that I was concerned about, but if there is not going to be a deferral, then I
will just ask Mr. Tschupp by myself. The cost of the energy that it is going to take
to produce it is going to be a lot higher I believe I heard. I just wanted to see if that
is going to be helped... we are going to help... that bill is going to be helped... paid
by Lagoons also on top of the contract that they have with the... the waiver that
they have for fees.
Mr. Furfaro: If I can just clarify again. I have no concerns about
approving this. I have concerns that we all understand what might be exposed to
us. We are going to ultraviolet rays, we are going to upgrade wastewater to R-1...
all of those particulars... is the County prepared to expose ourselves to those kinds
of potential cost to finish an upgrade that is sorely needed.
Mr. Kaneshiro: I am ready to vote.
Chair Asing: Councilmember Bynum?
Mr. Bynum: Yea, I just want to say that I have met with
Wastewater at least twice... lengthy and I understand what is happening and I
consider it a win/win, and I am prepared to vote on this. I trust that the County
Attorney's Office reviewed it because they have signed off on the documents. I do
appreciate Al wanting to look at the process, procedures, and everything, and I
appreciate Mr. Furfaro's questions, but I believe this is a good thing for Lihu`e, for
Kauai, and for Kauai Lagoons. I haven't seen any downside and it will probably
cost more to operate the plant at that level, but that also would collect fees for being
hooked up, so that is part of the operational expenses. Those are all good questions,
but I don't think we preclude voting on this today.
Chair Asing: With that, thank you Al.
Mr. Castillo: Thank you.
Chair Asing: I'd like to call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: Any further discussion?
COUNCIL MEETING. - 24 - ~ March 25, 2009
Ms. Kawahara: Is Mr. Tschupp available for questions or...
Chair Asing: Sure, if you want to. I'd like to suspend the rules.
There being no objections, the rules were suspended.
Chair Asing: Ed, please.
EDWARD TSCHUPP, WASTEWATER MANAGEMENT DIVISION CHIEF Good
morning, for the record, Edward Tschupp, Wastewater Management Division Chief.
Chair Asing: Good morning.
Mr. Tschupp: I caught a little bit of the question, but I didn't
catch all of it. Here also with me is Steve Busch from Kauai Lagoons. I guess there
was a...
Mr. Furfaro: Do you want me to pose the question that I gave to
the County Attorney again?
Mr. Tschupp: Yes, please.
Mr. Furfaro: I asked the County Attorney if he, in fact, reviewed
this agreement. The reason being and prefaces on the fact that this is an
outstanding opportunity for us to improve our facilities. We know that there are
additional cost associated with operating. May I use the term a first class plant
which Kauai Lagoons is willing to provide to us, but are there any consequences
that we should be aware of in this economic time. I would appreciate the County
Attorney to have an opportunity to review that. What is that focused on? Yes, there
is going to be a tremendous CIP savings because we are not doing it through our
own funding or through a bond, but there are additional operating cost that are
associated with the plant. I just want to make sure that we all understand how we
are sharing those costs and that it is prudent in these economic times to have the
County Attorney familiar with this agreement. That was the question.
Chair Asing: Thank you. With that, Lani?
Ms. Kawahara: Yes, I agree that this is a great project, but I was
wondering... I agree about the CIP savings. That is going to be enormous because it
is a hugely expensive project and it is a significant contract and partnership, but I
just want to know and I didn't have a chance to look up was with the additional cost
that are going to be ongoing... besides the offset against the wastewater treatment
capacity assessment fee obligation, does that include increased... any kinds of fees
that they will share with us for electricity of the... the increased electricity that we
will need to run it?
COUNCIL MEETING • - 25 - ~ March 25, 2009
Mr. Tschupp: The agreement in front of you... let me refer to the
first one which is the modification, the amendment to the STP agreement. In the
STP agreement which is attached to that as Exhibit A, there is a provision under
which the County is allowed to... effective I believe 2020 initiate billing Kauai
Lagoons for the water... the effluent as the resource and we are planning on... in a
rate assessment... rate analysis study that we are currently working on actually
trying to come up with fees for R-1 and R-2 quality water that would be put into our
tariff. Because those provisions are in the existing agreement, they have not been
modified... one modification that perhaps we could do would be to move the date
forward instead of allowing us to bill starting 2020, we could pick some other date
earlier. But in the big picture, the direction that we are planning on proceeding is to
recognize the quality of an R-1 system to any user of R-1 quality water, so that it is
priced as a resource and to the extent to which the rate structure that we establish
for R-1, would cover those additional operational cost, that would be the way to
handle that.
Ms. Kawahara: Okay.
Chair Asing: Any other questions?
Ms. Kawahara: So that will... the County and fee payers be footing
an extra bill that Lagoons was going to be waived from? Would be waived from? I
know that they are taking all of our stuff.
Mr. Tschupp: Right.
Ms. Kawahara: I know that and I appreciate it. I just want to be
sure that with the ongoing .cost, we are not stuck with more than what, you know,
they might have been able to partner with us even more.
Mr. Tschupp: That, we did not move the date by which we would
be able to start charging them forward in the agreement modification. So there is a
period of roughly 10 years that they will continue to not be charged for using the
R-1 effluent during which period of time, we don't have an R-1 tariff in our
ordinance right now. We are... that is a direction that we are proposing to go, but
we haven't established what that... what is a fair and reasonable tariff for that, but
part of what that tariff should include is the operation cost, the additional operation
cost of an R-1 facility as compared to an R-2 facility. An R-2 facility, actually, the
water is a resource currently providing R-2 water to the Wailua Golf Course, and we
do not charge for that. In fact, we pay the electrical cost of pumping the R-2 water
to the golf course and that is okay because it is part of our effluent disposal package
of costs. But I am not sure if I addressed your question.
Ms. Kawahara: No, you did, and I really appreciate it. Thank you.
Thank you very much. Thank you Chair.
COUNCIL MEETING - 26 - • March 25, 2009
Chair Asing: Okay, any other questions? If not, thank you very
much. I'd like to call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
Chair Asing: We have a motion on the floor, is there any further
discussion? If not, all those in favor say aye?
The motion to approve LEGAL DOCUMENT: C 2009-128 was then put, and
unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matters are claims.
CLAIMS:
C 2009-129 Communication (03/05/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by Darlene Walker for
damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai:
Mr. Furfaro moved to refer C 2009-129 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Mr. Kawakami, and
unanimously carried.
C 2009-130 Communication (03/06/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by James T. Jasper II
relating to the Decision and Order filed in Jasper v. Liquor Control Commission of
the County of Kauai, Civ. No. 08-1-0187, Circuit Court of the Fifth Circuit, State of
Hawaii, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Furfaro
moved to refer C 2009-130 to the County Attorney's Office for disposition and/or
report back to the Council, seconded by Mr. Kawakami, and unanimously carried.
C 2009-131 Communication (03/06/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by James T. Jasper II dba
Prieto Pub relating to the Decision and Order filed in Jasper v. Liquor Control
Commission of the County of Kauai, Civ. No. 09-1-0004, Circuit Court of the Fifth
Circuit, State of Hawaii, pursuant to Section 23.06, Charter of the County of
Kauai: Mr. Furfaro moved to refer C 2009-131 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Mr. Kawakami, and
unanimously carried.
C 2009-132 Communication (03/16/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by CRS (Claims Resource
Services) for The Hartford as subrogee for Richard Shigematsu for damages to his
vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Furfaro
COUNCIL MEETING ~ - 27 - ~ March 25, 2009
moved to refer C 2009-132 to the County Attorney's Office for disposition and/or
report back to the Council, seconded by Mr. Kawakami, and unanimously carried.
COMMITTEE REPORT:
BUDGET & FINANCE CONIlVIITTEE REPORT:
A report (No. CR-B&F 2009-07) submitted by the Budget & Finance
Committee, recommending that the following be received for the record:
"B&F 2009-2 Communication (3/02/2009) from Committee Chair
Daryl W. Kaneshiro, requesting that the Administration be present to update
the Committee on the following Departments' suggested corrective action
plans for the Fiscal Year 2007-2008 Single Audit Findings and Questioned
Costs:
• Finance Department
Finding No. 07-09, Grants Management
Finding No. 08-01, Grants Management
Recommendations Designed to Improve Internal Accounting Controls and
Admimstrative Efficiency for the Year Ended June 31, 2008
• Transportation Agency
Finding No. 08-02, Quarterly Progress and Expenditure Reports,"
Mr. Kaneshiro moved for approval of the report, seconded by Mr. Furfaro, and
unanimously carried.
ECONONIIC DEVELOPMENT/HOUSING CONIIVIITTEE REPORT:
A report (No. CR-EDH 2009-03) submitted by the Economic
Development/Housing Committee, recommending that the following be approved:
"C 2009-90 Communication (01/16/2009) from the Executive
Assistant, Kauai County Housing Agency, requesting Council review and
approval of the Proposed Revisions to the County's Limited Equity Leasehold
Program Policy," -
Mr. Furfaro moved for approval of the report, seconded by Mr. Kaneshiro, and
unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matters are resolutions.
RESOLUTIONS:
Resolution No. 2009-31 -RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2009 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
COUNCIL MEETING - 28 - • March 25, 2009
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED:
Mr. Furfaro: I would request that we defer this until a public
hearing is scheduled by the Housing Department. By HUD rules, we are required to
have a comment period and hearing organized by the Housing Department.
Mr. Furfaro moved to defer Resolution No. 2009-31, seconded by Mr. Chang, and
unanimously carried.
Resolution No. 2009-32 -RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2009 TO JUNE 30,
2010 FOR THE COUNTY OF KAUAI: Mr. Kaneshiro moved to schedule a public
hearing for May 6, 2009 at 5:00 p.m., and that it thereafter be referred to the
Budget & Finance Committee, seconded by Mr. Furfaro, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next resolution is Resolution No. 2009-33.
Resolution No. 2009-33 -RESOLUTION TO ADOPT A FEDERAL AGENDA
FOR THE FISCAL YEAR 2010: Mr. Furfaro moved to adopt Resolution
No. 2009-33, seconded by Mr. Kaneshiro, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next matter on page 6 of the Council's agenda
are bills for first reading.
BILLS FOR FIRST READING:
Proposed Draft Bill No. 2306 - AN ORDINANCE AMENDING ORDINANCE
NO. B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY
1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND
APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($500,000-Kauai
Visitors Bureau Economic Stimulus Grant): Mr. Furfaro moved for passage of
Proposed Draft Bill No. 2306 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for April 22, 2009, and that it thereafter be
referred to the Budget & Finance Committee, seconded by Mr. Kaneshiro, and
carried by the following vote:
COUNCIL MEETING • - 29 - • March 25 2009
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Thank you. Next item please?
Mr. Nakamura: The next bill for first reading is Proposed Draft Bill
No. 2307.
Proposed Draft Bill No. 2307 - A1V ORDINANCE AMENDING ORDINANCE
NO. B-2008-672 AS AMENDED RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY
1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS AND
APPROPRIATION ESTIMATED IN THE GENERAL FUND ($300,000-Consultant
Services-Special Counsel): Mr. Furfaro moved for passage of Proposed Draft Bill
No. 2307 on first reading, that it be ordered to print, that a public hearing thereon
be scheduled for April 22, 2009, and that it thereafter be referred to the Budget &
Finance Committee, seconded by Mr. Kaneshiro, and carried by the following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next bill for first reading is Proposed Draft Bill
No. 2308.
Proposed Draft Bill No. 2308 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 19, ARTICLE 3, SUBSECTION 19-3.2 (b) AND SUBSECTION 19-3.2 (i)
OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
INCREASING THE PLAYING AND DRIVING RANGE BALL TOKEN FEES AT
THE WAILUA GOLF COURSE: Mr. Furfaro moved for passage of Proposed Draft
Bill No. 2308 on first reading, that it be ordered to print, that a public hearing
thereon be scheduled for April 22, 2009, and that it thereafter be referred to the
Budget & Finance Committee, seconded by Mr. Kaneshiro, and carried by the
following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
COUNCIL MEETING. - 30 - ~ March 25, 2009
Mr. Nakamura: The next bill for first reading is Proposed Draft Bill
No. 2309.
Proposed Draft Bill No. 2309 - A BILL FOR AN ORDINANCE AMENDING
SUBSECTION (a) OF SECTION 21-9.2 OF THE KAUAI COUNTY CODE, 1987
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT: Mr. Furfaro
moved for passage of Proposed Draft Bill No. 2309 on first reading, that it be
ordered to print, that a public hearing thereon be scheduled for April 22, 2009, and
that it thereafter be referred to the Budget & Finance Committee, seconded by Mr.
Kaneshiro, and carried by the following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next bill for first reading is Proposed Draft Bill
No. 2310.
Proposed Draft Bill No. 2310 - A BILL FOR AN ORDINANCE RELATING
TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2009 TO JUNE 30, 2010: Mr. Kawakami moved for passage of
Proposed Draft Bill No. 2310 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for May 6, 2009 at 5:00 p.m., and that it
thereafter be referred to the Budget & Finance Committee, seconded by Mr.
Kaneshiro, and carried by the following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The last bill for first reading is Proposed Draft Bill
No. 2311.
Proposed Draft Bill No. 2311 - A BILL FOR AN ORDINANCE RELATING
TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2009 TO JUNE 30, 2010: Mr. Kawakami moved for passage of
Proposed Draft Bill No. 2311 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for May 6, 2009 at 5:00 p.m., and that it
COUNCIL MEETING ~ - 31 - ~ March 25, 2009
thereafter be referred to the Budget & Finance Committee, seconded by
Mr. Kaneshiro, and carried by the following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL, - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The last matter is bill for second reading. This is
Bill No. 2299.
BILLS FOR SECOND READING:
Bill No. 2299 - AN ORDINANCE AMENDING ORDINANCE NO.
B-2008-672 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2008 THROUGH JUNE 30, 2009, BY REVISING THE SURPLUS
ESTIMATED IN THE GENERAL FUND (Appropriation of $40,203 from the
General Fund to Building Lease, Fire):
Chair Asing: Councilmembers, we have before you a
communication from the Administration asking that the deferral be done on this
matter. I believe everyone has a copy.
' Mr. Furfaro: Mr. Chang brought it to my attention.
Ms. Kawahara: Mr. Chair, prior to the deferral, can I ask to request
clarification that I wanted to make from the minutes (meaning Committee Report)
on this item.
Chair Asing: Yes, go ahead.
Ms. Kawahara: I need to clarify for the record that at the Budget &
Finance Committee meeting held on March 4, the Committee report CR-B&F 2009-
05 stated that I would support this lease request for 2 years, but no longer than
2 years. However, what I meant was that I would support this lease on a year to
year basis, but not longer than 21/2 years. Thank you.
Chair Asing: Can I have a motion to defer?
Mr. Bynum moved to defer Bill No. 2299, seconded by Mr. Chang, and unanimously
carried.
COUNCIL MEETING'"" - 32 - ~ March 25, 2009
ADJOURNMENT:
There being no further business, the meeting was adjourned at 10:28 a.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk
/lki