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COUNCIL MEETING
July 14, 2010
The Council Meeting of the Council of the County of Kauai was called to
order by the Council Chair at the Council Chambers, 3371-A Wilcox Road, Lihu`e,
Kauai, on Wednesday, July 14, 2010 at 9:10 a.m., after which the following
members answered the call of the roll:
Honorable Tim Bynum (Excused at 2:10 p.m.)
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 item is the approval of the
agenda.
APPROVAL OF AGENDA:
Mr. Furfaro moved for approval of the agenda as circulated, seconded by Mr. Chang,
and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter is approval of the Minutes of the
following meetings of the Council.
MINUTES of the following meetings of the Council:
Public Hearing of May 5, 2010 re:
Council Meeting of June 9, 2010
Council Meeting of June 23, 2010
Public Hearing of June 23, 2010 re
Bill No. 2.358, Bill No. 2359, and 2360
Bill No. 2364
Mr. Chang moved for approval of the minutes as circulated, seconded by
Mr. Furfaro, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matters are items for receipt on page one (1)
of the Council's agenda, communication C 2010-175, C 2010-176, C 2010-177 and C
2010-178.
COMMUNICATIONS:
C 2010-175 Communication (05/05/2010) from the Chief of Buildings,
Department of Public Works, transmitting for Council information, the Building
Permit Monthly Reports for April 2010:
(1) Building Permit Processing Report
(2) Building Permit Estimated Value Summary
(3) Building Permits Tracking Report
COUNCIL MEETING.
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• July 14, 2010
(4) Building Permits Status
Mr. Chang moved to receive C 2010-175 for the record, seconded by Mr. Kaneshiro,
and unanimously carried.
C 2010-176 Communication (05/19/2010) from the Director of Finance,
transmitting for Council information the Corrective Action Plan for the OMB A-133,
Single Audit Reports, for the Year Ended June 30, 2009, pursuant to OMB A-133
Circular Subpart C - Auditees, Section .315 (c): Mr. Chang moved to receive
C 2010-176 for the record, seconded by Mr. Kaneshiro, and unanimously carried.
C 2010-177 Communication (06/08/2010) from the Chief of Buildings,
Department of Public Works, transmitting for Council information, the Building
Permit Monthly Reports for May 2010:
(1) Building Permit Processing Report
(2) Building Permit Estimated Value Summary
(3) Building Permits Tracking Report
(4) Building Permits Status
Mr. Chang moved to receive C 2010-177 for the record, seconded by Mr. Kaneshiro,
and unanimously carried.
C 2010-178 Communication (06/10/2010) from the Deputy County Engineer,
requesting Council approval of a traffic resolution which establishes a crosswalk on
Malu Road in the vicinity of Akoa Street: Mr. Chang moved to receive C 2010-178
for the record, seconded by Mr. Kaneshiro, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matters on page two (2) of the Council's
agenda are communications for receipt, communication C 2010-179, C 2010-180,
C 2010-181 and C 2010-182.
C 2010-179 Communication (06/11/2010) from the Director of Planning,
transmitting the Planning Commission's recommendation to approve Zoning
Amendment ZA-2010-7, Kauai Kailani I & II, TMK (4) 4-3-009:041 and (4) 4-3-
009:050, Waipouli, Kauai, to amend the Visitor Destination Area (VDA) map ZM-
WP-500 in Waipouli, Kapa`a, Kauai, Hawaii, to include the aforementioned parcels
with conditions: Mr. Bynum moved to receive C 2010-179 for the record, seconded
by Mr. Chang, and unanimously carried.
C 2010-180 Communication (06/15/2010) from Councilmember Tim Bynum,
requesting Council consideration of a resolution to establish a policy for facilitating
open governance and Internet access to public documents through the Council's
website: Mr. Bynum moved to receive C 2010-180 for the record, seconded by Mr.
Chang, and unanimously carried.
C 2010-181 Communication (06/21/2010) from the Environmental Services
Management Engineer, requesting Council consideration of a proposal to amend
various sections in Chapter 21 of the Kauai County Code 1987, as amended, that
would allow the following:
(1) implementation of a monthly refuse collection assessment on
all residential properties in serviceable areas island-wide;
and
(2) increase refuse collection fees for businesses and other non-
residential establishments who subscribe to County curbside
refuse collection service.
Mr. Bynum moved to receive C 2010-181 for the record, seconded by Mr. Chang, and
unanimously carried.
COUNCIL MEETING • - 3 - • July 14, 2010
C 2010-182 Communication (06/22/2010) from the Manager and Chief
Engineer of the Department of Water, transmitting for Council information the
Department of Water's quarterly financial reports as of March 31, 2010, pursuant to
Section 17.03A of the Kauai County Charter.
• Statement of Revenues and Expenditures (Water Utility Fund)
• Status of the Budget (Water Utility Fund)
• State Appropriations
• Statement of Revenues and Expenditures (Facilities Reserve
Charge Fund)
• Status of the Budget (Facilities Reserve Charge)
• Statement of Revenues and Expenditures (Bond Fund)
• Status of the Budget (Bond Fund)
• Statement of Revenues and Expenditures (Bond-BAB Fund)
• Status of the Budget (Bond-BAB Fund)
Mr. Bynum moved to receive C 2010-182 for the record, seconded by Mr. Chang, and
unanimously carried.
Chair Asing: Hang on we have somebody 'who wants to testify.
With that I'm going to suspend the rules, Glenn.
There being no objections, the rules were suspended.
GLENN MICKENS: Thank you Kaipo, for the record Glenn Mickens.
Regarding this communication 180 just for informational purposes does this mean
that that all the bills and the communications will now be put on the...
Chair Asing: Let me answer that... Glenn the communication is
tied to the Resolution which is coming up on the later part of the agenda, would you
like to wait then or would you want to have some discussion now?
Mr. Mickens: Will it be before the public hearing?
Chair Asing: Yeah I'm sure.
Mr. Mickens: Oh okay I can wait. Thank you.
Chair Asing: Thank you. With that I'd like to call the meeting
back to order. Next item please.
Mr. Nakamura: On page three (3) of the Council's agenda
communications for receipt C 2010-183 and C 2010-184.
C 2010-183 Communication (06/25/2010) from Councilmember Daryl W.
Kaneshiro, requesting Council consideration of a proposal to fund the unanticipated
costs associated with the Office of the County Clerk -Council Services Division
building lease for its office space located on Wilcox Road, the lease of the public
restroom facility, moving expenses for the County Council and Council Services
Division to relocate back to the Historic County Building, and other operational
costs associated with the renovation of the Historic County Building in the amount
of $220,000.00: Mr. Kaneshiro moved to receive C 2010-183 for the record,
seconded by Mr. Chang, and unanimously carried.
COUNCIL MEETING ~ - 4 - ~ July 14, 2010
C 2010-184 Communication (06/25/2010) from the Deputy County Engineer,
requesting Council approval of two traffic resolutions as follows:
(1) A resolution amending Resolution 2002-25, Draft 1, by
establishing speed limits along Ala Kinoiki.
(See Resolution No. 2010-40)
(2) A resolution establishing yield restrictions at Ala Kinoiki
and Po`ipu Road. (See Resolution No. 2010-41)
Mr. Kaneshiro moved to receive C 2010-184 for the record, seconded by Mr. Chang,
and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Mr. Chair at this time if we could go to page four
(4) of the Council's agenda for communications to receive... I mean to approve, I'm
sorry. We have communication C 2010-188.
C 2010-188 Communication (06/15/2010) from the Director of the Office of
Economic Development, requesting Council approval to apply for, receive and
expend funds from the Economic Development Administration (EDA) in the amount
of $1,500,000.00 for the development of the Kilauea Agricultural Park by providing
infrastructure to drill a well for irrigation water and to install a 12-inch and 6-inch
waterline and roadway to provide access to agricultural lots.
Chair Asing: Thank you. What I'd like to do is have Econ
Development Office up, George?
There being no objections, the rules were suspended.
GEORGE COSTA (DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT):
Aloha, good morning Council Chair Asing, Councilmembers, for the record George
Costa, Director for the Office of Economic Development. We're here today to
request approval to apply for EDA grant funds in the amount of one point five (1.5)
million to help pay for some of the cost in developing Kilauea agricultural park. , It
is an Ag parcel that was dedicated to the County. In 2006, seventy-five (75) acres of
agricultural land in Kilauea and the goal is to develop approximately nine (9)
parcels for traditional and organic farming. The average size of the parcels is about
five (5) acres each. Also part of the agricultural park are proposals include four (4)
incubator farms, community gardens section, and an area for farmers market, as
well as an area to look at providing an energy farm so that the Ag park could be self
sustaining with some type of renewable energy that will help to operate the pumps
and irrigation systems and again we're looking for approval from the Council so
that we may apply for these grant opportunities from the Economic Development
administration.
Chair Asing: Thank you. Councilmembers any questions?
Councilmember Bynum.
Mr. Bynum: Just ah... this is... part of this will address the
issue of Ag water so we wouldn't be using potable water for the agricultural park
because unfortunately historically there was Ag water there but development in the
area cutoff the ditch system yeah so this you know if we combine the solar energy
for the pumps and irrigation wells, that's the major portion of this, is that correct?
Mr. Costa: Well part of the requirement of the EDA grant as
well as the project itself. Because it is county property and the cost of the project is
. COUNCIL MEETING • - 5 - • July 14, 2010
over two hundred fifty thousand (250,000), we are required to do an environmental
assessment which is separate from this request and that is to begin shortly. Part of
the environmental assessment is to look at not only 'the types of crops that can be
grown in the area but to also conduct a water study and we're looking at utilizing
the services of RM Towill and they will subcontract to Tom Nance who is you know
very experienced in that and he will look at the various water sources. Right now
as we speak the agricultural park has five... five, eighth inch water meters, potable
water and so part of this project is to look at either producing a well or other
alternative sources for water so it is being looked at.
Mr. Bynum: Thank you for that answer, I appreciate it.
Mr. Costa: You're welcome.
Chair Asing: Any other questions? Councilmember Furfaro.
Mr. Furfaro: Mr. Costa thank you for pursuing this grant
accordingly and just a real quick recap we're looking at approximately for what we
want to accomplish over the next couple of years, we're looking at about four point
three (4.3) million dollars of which we have earmarked five hundred thousand
(500,000) in CIP...
Mr. Costa: Right.
Mr. Furfaro: And this grant will bring us up to about two million
of the total scope.
Mr. Costa: Right.
Mr. Furfaro: So and these steps are all probably mandatory as
we meet those other EPA requirements and the water study, am I correct?
Mr. Costa: That's correct.
Mr. Furfaro: So this brings us about half way there?
Mr. Costa: Right.
Mr. Furfaro: Thank you. Thank you, Mr. Chair.
Chair Asing Thank you. Any other questions Councilmembers?
If not I just had one (1) other question?
Mr. Costa: Sure.
Chair Asing: What was the acreage again?
Mr. Costa: Seventy-five (75) acreage.
Chair Asing: Seventy-five (75) acreage.
Mr. Costa: Right.
Chair Asing: And we're doing how many lots again?
Mr. Costa: Right now the original plan is for about nine (9) lots
that will... with average sizes of about five (5) acres each and that will be including
COUNCIL MEETING • - 6 - ~ July 14, 2010
traditional and organic farming and then the other lots or area include four (4)
incubator farms that are about one (1) acre each, and then another section for
community gardens and then another section for the farmers market so that these
farmers have an avenue to sell their produce. And this would become a permanent
location for a farmer's market and then of course there's the energy farm component
and another section... the southwestern portion of the seventy-five (75) acres,
there's a natural ravine and so one of the proposal is to build a reservoir there so it
will serve as water catchment and you know for the agricultural park. And then the
lower portion of that ravine, apparently at one time a natural orchard of banana
and so that would be another use of that area.
Chair Asing: Thank you. Have we, I have to ask this question
because I know it's going to be controversial, it has always been controversial... and
that's the item of how will awards be made to the I guess owners or leasees?
Mr. Costa: Leasees.
Chair Asing: Of the parcel, have we ironed that out and it is
pretty well set on the process that's going to be followed?
Mr. Costa: Well we...
Chair Asing: And again and let me just put some other things
inside so that you understand why the question... what is the qualifications, who
can apply for... if I live in Kilauea do I have preference, if I live in Kekaha do I have
the same preference as someone in Kilauea or Moloa`a you know all those kinds of
questions always arises and how do you judge you know awarding first place and
not to one individual versus the next, those kinds of questions have been pretty well
addressed and so I would like to have some idea as what you folks have come up
with.
Mr. Costa: Yes Chair, we actually still working on that
process. We're using some of the experiences of the Maui Kula Agricultural Park
their process because it is public, public property. You know their process was to
have certain criteria especially for requiring farmers that have experience to look at
you know a number of years say three (3) to five (5) years of past experience because
it's going to be very important that they, that they have a good business plan,
they're proven to be able to farm and have a market you know for whatever their
crop their planting on this property. So it is an ongoing process right now, we're
still fine-tuning that criteria but again to answer your question because of being
public property, it would be open you know to the general public and farming
community and that set criteria would still have to be finalized.
Chair Asing: So you still really haven't finalize...
Mr. Costa: No.
Chair Asing: That...
Mr. Costa: No we have not.
Chair Asing: That plan... ah... will you keep the Council
advised when you finalize the plan so that we have some idea as to how the plan
will be carried out?
Mr. Costa: Absolutely.
COUNCIL MEETING •
Chair Asing:
Mr. Costa:
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• July 14, 2010
Because that's going to be a major issue I'm sure.
Okay. We will do that.
Chair Asing: Thank you. With that any other questions
Councilmembers? If not, thank you very much.
Mr. Costa:
You're welcome, mahalo.
There being no one else to speak on this matter, the meeting was called back
to order, and proceeded as follows:
Chair Asing: I'd like to call the meeting back to order and... do
we have a motion...
Mr. Nakamura: We have no motion Mr. Chair.
Chair Asing: Can we have a motion to approve please?
Mr. Bynum: Move to approve.
Mr. Chang: Second.
Mr. Bynum moved for approval of C 2010-188, seconded by Mr. Chang.
Chair Asing: Any discussion? I'm sorry, go ahead.
Ms. Kawahara: I just wanted to be on the record that I am
concerned about the potable water issue and what kind of sources of water they're
going to need, but... that's about it, thanks.
Chair Asing: Thank you, any further discussion? If not, I'm
sorry... George, you want to come up?
There being no objections, the rules were suspended.
Mr. Costa: I'm sorry, again George Costa for the record. On .
the proposal the waterlines are proposed to be six (6) and four (4) inch and not
twelve (12) and six (6) inch, so I just needed to make that correction.
Chair Asing: Thank you. I'd like to call the meeting back to
order.
There being no one else to speak on this matter, the meeting was called back
to order, and proceeded as follows:
Chair Asing: Any further discussion? All those in favor say "aye"
Councilmembers: Aye.
Chair Asing: Those oppose say "no", motion carried. Next item
please.
The motion for approval was then put, and unanimously carried.
Mr. Nakamura: Mr. Chair if we could continue on page four (4)
communication for approval C 2010-189.
COUNCIL MEETING • - 8 - • July 14, 2010
C 2010-189 Communication (06/18/2010) from the Director of the Office of
Economic Development, requesting Council approval of the following:
(1) to apply for, receive and expend funds from the State
Department of Business, Economic Development and
Tourism (DBEDT) EV-Ready Grant Program which is
funded by the American Recovery and Reinvestment Act
of 2009 (ARRA) in the amount of $230,000.00;
(2) to accept the sub-grant Flow-Down Provisions for State
Energy Program (SEP) Financial Assistance Awards, as
required by the U.S. Department of Energy (DOE); and
(3) to indemnify the State regarding the above items.
Chair Asing:
With that, George please.
There being no objections, the rules were suspended.
Mr. Costa: Again thank you, Chair Asing and
Councilmembers, for the record...
Mr. Furfaro: Excuse me George... I don't know if you suspended
the rules.
Chair Asing: Yes I did.
Mr. Furfaro: You did? Okay.
Chair Asing: Thank you.
Mr. Costa: Ah... for the record the request is actually for two
hundred seventy-six thousand, two hundred fifty-nine dollars ($276,259.00) and not
two hundred thirty thousand dollars ($230,000.00) and at this time I would like to
call upon Glenn Sato who is our Energy Coordinator for the Office of Economic
Development and he will give more background on this grant request.
Chair Asing: Thank you.
GLENN SATO (ENERGY COORDINATOR): Glenn Sato, Energy Coordinator
for the County of Kauai, Office of Economic Development. This particular grant
EV-Ready Grant is a grant issued by the State Department of Business Economic
Development and Tourism. In 2009 the Legislature passed a law requiring every
public facility with a hundred or more marked parking stalls to have one percent
(1%) of those stalls designated for electric vehicles, so you looking at a one (1) to a
hundred (100) ratio and that law further says that each facility... out of those
parking stalls one parking stall needs to have a electric car charger. It's basically
a... it's a unfunded mandate from the Legislature and the DBEDT grant the EV-
Ready Grant gives the County an opportunity to get enough funds to comply with
the letter of the law. So we are Office of Economic Development is proposing to
send in an application for, for compliance with that law.
Chair Asing: Okay any questions? Councilmember Kawakami.
Mr. Kawakami: And if you're not ready to answer you can just do it
later on with a communication, a written communication but... so how many stalls
would that leave for the County of Kauai?
COUNCIL MEETING. - 9 - • July 14, 2010
Mr. Sato: We have, we have determined that six (6) facilities
fall under this... these include the Lihu`e Civic Center, the Police/Civil Defense/
Prosecutor Facility on Kaana Street, Wailua Golf Course, Kauai War Memorial
Convention Hall, Vidinha Stadium and Lydgate Beach Park and these were all
confirmed with the facility... the agencies involved. So we need a minimum of... not
counting the... you know marking the stalls off for EV's, we need six (6) chargers.
In addition to the six (6) chargers the grant also allows the applicant to request
funding for electric cars for their use, plus the chargers, so we are asking for six (6)
chargers to comply with the law. In addition we're asking for five (5) electric
vehicles plus an additional five (5) chargers for use by various agencies within the
county.
Mr. Kawakami: I have one (1) more question.
Chair Asing: Yeah go ahead.
Mr. Kawakami: Does this opportunity lend itself to a private
partnership, private/public partnership with maybe some of the private shopping
centers that may want to eventually look into this kind of opportunity?
Mr. Sato: It's actually... it's wide open, so actually I was
contacted by electric car charge manufactory companies asking if the county wanted
to partner with them but because we were putting our county specific grant
application together, we didn't take them up on their offer plus you know if we go
with a private manufacturer, there's also a lot of questions that come up in terms on
sole source; so I thought it was better to just you know work on our application. But
I know the... especially the charging companies are contacting shopping centers and
other you know facilities to try to partner with them.
Mr. Kawakami: Thank you. Thank you, Chair.
Chair Asing: Councilmember Bynum.
Mr. Bynum: So Glenn, I don't want to take a lot of time today
but I've been paying kind of attention to this because it's very interesting because I
think Kauai may lend itself to electric cars given that our roadway is kind of one (1)
roadway, we're not spread out all over the place but... just to make sure my
understanding correct and because Nissan is about to release an all electric car...
Mr. Sato: The leaf.
Mr. Bynum: The leaf for the general public to purchase... so
these charging stations, a person who own those vehicles could plug in right, if they
came to visit the county...
Mr. Sato: Yes.
Mr. Bynum: The County Building... and can plug in, charge
their car, extend the range kind of thing.
Mr. Sato: Right. It's kind of like the chicken or the egg... do
you wait for the cars to be on island and then set up these charging stations. I
think this law works the other way where they want to make the environment
conducive to electric vehicles and make these charging stations available at public
facilities, so more people will look at it as a plus...
COUNCIL MEETING ~ - 10 - ~ July 14, 2010
Mr. Bynum:
Mr. Sato:
As a viable alternative.
And buy an electric car.
Mr. Bynum: And so the law just covers public facilities, not
private facilities?
Mr. Sato: No, it covers all facilities with public parking stalls.
Mr. Bynum: Including private sector?
Mr. Sato: So you know... the major Shopping Centers would
have to comply under this law.
Mr. Bynum: So...
Mr. Sato: This was a really difficult one because the grant
application announcement came out on June 10th and then the deadline is June...
July 26th so it was a really short window and just to do the background research on
you know cost of charging stations, cost of cars like that... took a long time and we
didn't have enough time to kind of look at the bigger picture and to see if we could
put a bigger application together. The grant amount is roughly three million
dollars ($3,000,000.00) so it's not a huge part of money and because of the short
timeframe you know we concentrated solely on trying to comply in terms of county
facilities.
Mr. Bynum: So... Kukui Grove for instance would have to
comply with this?
Mr. Sato: Yes.
Mr. Bynum: And is there a ratio... is it per one hundred or
one...
Mr. Sato: For every hundred (100), you need one (1) marked,
marked stall, then for every facility you need at least... you need one charger.
They have flexibility in the law which says you know if we determine for example
that Lydgate is not the best place to site a charging station because of potential
vandalism, we can move that charger designated for Lydgate to perhaps the
Historic County Building.
Mr. Bynum: Right and so... you know and then the vehicles that
we would purchase, we can put into our fleet for use by county employees.
Mr. Sato: Right. What I did was I put together a so-called
team to make the proposal attractive so you know we contacted the automotive, the
Automotive Baseyard, Building Division, County Real Property, Parks and
Recreation and Economic Development and we... the way I wrote the grant was you
know we want to... it's an evolution. I don't know if you recall but we had an
experimental electric car at one (1) time...
Mr. Bynum: Yes.
Mr. Sato: And you know... I had to drive it, I got stuck out in
Koloa and other areas and had to get towed in but I feel that my ups and downs
with that electric car prototype helped in the development of the, you know the cars
that are coming out commercially now. So that evolution, we're going from the
COUNCIL MEETING ~ - 11 - ~ July 14, 2010
experimental car, we have hybrid electric cars in the fleet right now, I think in fact
my count is... we're in the mid-forty's in terms of how many that are in the car, you
know the fleet right now. So we went from experimental to hybrid electric vehicles,
hopefully we go to electric vehicles and perhaps the next step is to get plug in
hybrids as they get developed and put on the marketplace.
Mr. Bynum: So for instance we have building inspectors that go
out pretty much every day...
Mr. Sato: Right.
Mr. Bynum: If they know that they can have a charge that is
within the range, then we have zero omissions so it's good for the environment but
also the cost and I know the cost is much less than fossil fuels.
Mr. Sato: Right.
Mr. Bynum: Um.
Mr. Sato: And you know any car that we can get... and you
know these cars, the rules are very specific they have to be commercially available,
it, it... so these cars would have to come through reputable manufacturers Toyota,
Nissan, I don't know if Honda is coming out with one... so they're tested and are
ready for the marketplace.
Mr. Bynum: So my family, we invested in a Prius a number of
years ago. My wife drives to Wailua to `Ele`ele, seems like a wise investment and
we talked about this eh should we get an electric vehicle, well the range will get you
to `Ele`ele but it may not get you home but if there's a hundred parking stalls and
where she works, there will be workplace charging station.
Mr. Sato: There should be based on this law.
Mr. Bynum: Based on this law. So suddenly it sounds like a
really wise decision. This is very interesting and exciting and as you said going
from experimental because we all know there were problems and it didn't seem very
viable the experimental car we had but you know times have changed and that
experience is making us think that it may be viable and if we, if this grant is
successful and we have four (4) or five (5) cars in the county fleet, we'll be able to
collect data and understand what the impact is on the county budget and on the
environment and our cost yeah?
Mr. Sato: Right. And you know just to make it clear you
know if we get approval for this grant and we do get to put electric vehicles in the
county fleet, that's you know cars that we wouldn't have to necessarily have to
purchase on our own because these cars are designed to be used by staff.
Mr. Bynum: Right. Thank you very much for your work as
always Glenn.
Chair Asing: Thank you. Councilmember Kawakami then
Councilmember Furfaro.
Mr. Kawakami: Thank you Chair. And just a quick one (1)... since
you are already doing the due diligence on this project, about how much does it cost
per stall?
COUNCIL MEETING ~ - 12 - ~ July 14, 2010
Mr. Sato:
Mr. Kawakami:
The stall itself is just marking...
Yeah.
Mr. Sato: You know designating and putting signage so that's
very low cost...
Mr. Kawakami: Minimal.
Mr. Sato: When you talking about a charger, charging
stations cost anywhere from three (3) to eight thousand dollars ($8,000.00). The
installation would vary according to what needs to be done you know... do you have
to trench or you know cut through concrete in order to put the power line at that
station. So the trick is to try to find a stall that is really close to a power source.
Mr. Kawakami: Okay so this cost is... so for the private sector guys
it's going to be three thousand (3,000) to eight thousand (8,000) for the unit and
whatever cost for construction is if they have... for every one hundred (100) stalls
they need one (1) of them?
Mr. Sato: Right.
Mr. Kawakami: And this was introduced by who?
Mr. Sato: You mean the legislation?
Mr. Kawakami: Yeah.
Mr. Sato: I'm not sure who introduced it.
Mr. Kawakami: Igo find out.
Mr. Sato: All I know that it was passed and we are required
to follow it.
Mr. Kawakami: Okay thank you.
Chair Asing: Councilmember Furfaro.
Mr. Furfaro: In this statute is there a proviso for the collection of
the power that you recharge the car with?
Mr. Sato:
Ah?
Mr. Furfaro: Mrs. Bynum drives to `Ele`ele and she plugs in
while she's at work and her car is fully recharged, how does she pay the Shopping
Center for that? What is the provision in the statute for the collection o£..
Mr. Sato: The statute is basically leaving it up to the facility
owner. What I'm looking at in terms of the county charger is I'd like to see like a
credit card reader. They have chargers that can accommodate a credit card reader
where you know you would actually... the user would actually pay for the power.
Mr. Furfaro: But that's not in the statute that's what I'm
saying... so we could have every county stall with a car in it overnight and there's
no mechanism in the statute for collection of the power use to recharge the car.
COUNCIL MEETING •
Mr. Sato:
Mr. Furfaro:
Mr. Sato:
Mr. Furfaro:
Chair Asing:
Mr. Bynum:
Mr. Furfaro:
Mr. Bynum:
- 13 - • July 14, 2010
No.
It's not in the statute?
I don't think so.
Very interesting. Thank you Mr. Chair.
Councilmember Bynum.
Yeah just a...
I'm sorry to use your example but...
That's fine.
Mr. Furfaro: Somebody's got to pay for it.
Mr. Bynum: And that would be great if you could swipe your
credit card because my understanding and Glenn could correct me is because the
cost would be much less than filling up at the gas station.
Mr. Furfaro: Mr. Bynum I'm not talking about the cost, I'm
saying who's recovering it...
Mr. Bynum: Right.
Mr. Furfaro: What's in the statute? What does it say when Big
Save or Foodland or a hotel puts these chargers in as a encouragement and
convenience, what does the operator then have to recover the charges that is now
going to be allocated to their cost per occupied room or their allocation of the cost of
sales of food for the can goods they sell? Is there a provision? I know all the
technologies about swiping credit cards and so forth. Which also a lot of people
don't realize that... when you swipe your credit card, information stays in the bank
of that swipe until it's used by somebody else. So I just wanted to... and there's no
provision... proviso.
Mr. Sato: Well the way I read the you know the supporting
documentation for this grant, the discussion follows the track of you know some
facilities may want to use the EV marks, the special stalls as a promotional tool to
get customers to come to their facility. Other people might want the user to pay you
know, to pay for the power used. I'm... right now I'm taking that track where when
I cost it out the charger, I made sure that there were chargers available on the
market to accommodate a payment system where the county would not have to
absorb that cost.
Mr. Furfaro: Okay and I just want to finish up on that because
we really focusing on my earlier question. And in that process if there's no proviso
in the bill right now, how then and how does the bill address the fact that the use of
utilities whether it's fuels, oil... I mean fossil fuels, oils, gasoline, solar, whatever it
is to recover the... isn't that regulated, the amount you can charge by the Public
Utilities Commission, and what does the bill say the operator can do, can he add a
search (inaudible) of having that convenience because that's all controlled by the
Public Utilities Commission at the County of Kauai, is that in the bill?
Mr. Sato: I haven't seen anything in that regards. I don't
think you're considered a Public Utility just (inaudible) with this charging system.
COUNCIL MEETING - 14 - ~ July 14, 2010
Mr. Furfaro: No, but what I'm saying is profit margins is
managed by the Public Utilities Commission including we have this public services
in this public areas that people have an excessive mark up if you choose to use it. Is
their rate of repair and maintenance regulated in this statute and right now it's
something we didn't... we have to look into. That's just my question and Mr.
Bynum I want to thank you for letting me get the clarification, I love the idea... just
want to know how we're going to manage it, regulate it.
Mr. Bynum: And I think ah... my was a follow up because I
think you asked a good question and last year I was in Fairbanks and I never been
to Alaska before and I noticed in every public parking lot there were dozens of
places to plug in there to keep your car from freezing but you know that might be
something you can find out you know how did those business recover the electrical
cost and I guess if I lived in Fairbanks I could get an electric car because there'd be
plenty places to plug in.
Mr. Furfaro: Good point.
Chair Asing: Councilmember Kawahara.
Ms. Kawahara: Thank you. This is an exciting project; I'm looking
forward to see it come to fruition. Did you say that instead of four (4) vehicles, four
(4) additional chargers... you changed it to five (5)?
Mr. Sato: We're asking the grant (inaudible) the grant to ask
for funds to cover the six (6) charging stations that are required for the law but the
option is we also asking for five (5) electric cars and five (5) additional charging
stations.
Ms. Kawahara: Okay I just wanted to verify because the
communication says something different. Then... so the intention is to make sure
that the whole... all these cars chargers will fall under two, seventy's or meet... it
will be below the two hundred seventy-six thousand was it?
Mr. Sato: The grant amount two hundred seventy-six
thousand two hundred fifty-nine (276,259) so our application has that exact figure
and...
Ms. Kawahara: And you can adjust it to whatever less cars or less
chargers as long as you have the six (6) charging units.
Mr. Sato: No it covers everything.
Ms. Kawahara: It will cover the whole thing?
Mr. Sato: It covers it, covers eleven (11) chargers and five (5)
cars.
Ms. Kawahara: Okay. Okay thank you for the clarification.
Chair Asing: Thank you. Any other questions Councilmembers?
If not, thank you very much... oh... before I call the meeting back to order we have
someone in the public who would like to testify. Thank you George and Glenn.
KEN TAYLOR: Chair, members of the Council, my name is Ken
Taylor. I think this is a wonderful idea and a start of something new and
COUNCIL MEETING • - 15 - • July 14, 2010
something that will grow as time goes along but because it is a new process what I
would really like to see is instead of hooking up these systems to the grid is to put
the solar facilities in place to run these chargers. That could be done and the reason
I say this as we move along into the future with replacing more and more
automobiles with electric cars, I spoke recently to a electrical engineer and I said if
we could wave a wand and replace all the automobiles on the island today with
electric cars, will our current facilities that generate electricity take care of the
problem and with some calculations it was said no. We would have to double our
current capacity of generating electricity to hook up enough charging systems of
replacing all the automobiles on the... to electric cars. Now I realize that that's
down the road and in the future but if we're going to start this process, this is the
time to look at and install solar panels and battery backup to run these facilities so
it's a complete process rather than... well we'll take some electricity off the grid and
we'll do this. This is the time to look into the future and start the process a
hundred percent (100%) off the grid, thank you.
Chair Asing: Thank you. Councilmember Bynum.
Mr. Bynum: And I want to thank you for your testimony
because I agree with you but I also want to say that we got a lot of fine people that
work for the County of Kauai and we're in that process. We have Glenn our energy
specialist that's looking into this all of the time. Our Kaiakea Fire Station has
alternative energy. We funded solar voltaic for the Civic Center. Wastewater
Treatment Plant we're working. on Waimea has energy elements to it. As he
mentioned we have helped with experimental electric cars. I saw our first hybrid
bus drive down the road the other day. You know I think we are doing what you are
suggesting and it's the initiative of this Administration, the previous
Administration and the people that we have working for the county who are looking
into these things. Some of them pan out and we also had our automotive shop work
with biodiesel and we had some problems with that but that step out and that effort
is occurring so I just wanted to give you...
Mr. Taylor: And I'm certainly aware of that and I'm just saying
here's an opportunity to step out and start this process. And one of the testimony
that Glenn made he said ah... installation cost would be depending on where... how
far away you were from an existing source; with the solar system it wouldn't make
any difference. Thank you.
Chair Asing: Thank you. Is there anyone else? 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: I'd like to have a motion to...
Mr. Furfaro: I'd like to make a motion to approve but I do have
some commentary...
Chair Asing: Okay lets...
Mr. Bynum: Second.
Mr. Furfaro moved for approval of C 2010-189, seconded by Mr. Bynum.
Chair Asing: Let's have a motion to approve first, we have a
motion and a second to approve and then I'd like to have a motion to amend I
believe to that two seventy-six, two, five, nine.
COUNCIL MEETING • - 16 - • July 14, 2010
Mr. Furfaro: Right so...
Mr. Chang: Excuse me I think that was two, seventy-nine...
Mr. Furfaro: Two, seventy-nine.
Mr. Chang: Two, five, nine.
Chair Asing: Oh George let me get the figures correctly because I
have here two, seven, six, two, five, nine...
Mr. Chang: I thought he told me two, seventy-nine, two, five,
mne...
Mr. Furfaro: I'd like to amend the bill to read the amount would
be two, seventy-six, two, fifty-nine... is that confirmed?
Mr. Chang: I'm sorry I had two, seventy-nine, two, fifty-nine.
Chair Asing: No problem. Can I have a second please?
Ms. Kawahara: Second.
Chair Asing: Motion carried. That's on the amended number
and the...
Mr. Furfaro moved to amend the grant amount to $279,259, seconded by Ms.
Kawahara, and unanimously carried.
Ms. Kawahara: What about the...
Chair Asing: And with that we're back to the main motion as
amended, any further discussion?
Mr. Furfaro: Yes...
Chair Asing: Yes.
Mr. Furfaro: Yes, I want to thank Mr. Costa and his staff for this
opportunity but I don't know quite how to say this opportunity when it's a State
mandated unfunded piece and so you know I find as we initiated our Energy
Sustainability and Transportation Plan that this is a component but my question
about the actual recovery of the charge is still on my mind and that's something
that I want Economic Development to pursue to get some clarification.
Chair Asing: Thank you. Any further discussion?
Councilmember Bynum.
Mr. Bynum: Yeah and I... I think Ken makes a good point if
we're still doing these facilities and we're still generating electricity with fossil fuels
and that's you know... I'm proud of our government both at the County level and at
the Administrative level about trying to pursue the initiatives that I mentioned
earlier and about us doing an Energy Sustainability Plan and I think that would
lead to other Legislative initiatives. This is a really critical issue and I appreciated
Glenn you know... Jay asked the question and Glenn said I was looking into that,
I'm looking about how we do cost recovery and what those options are and that's a
COUNCIL MEETING • - 17 - • July 14, 2010
good example of the kind of proactive approach that the Council has taken and also
the Administration to start down what will be a long road to address our energy
concerns.
Chair Asing: Thank you. Any further discussion? Yes
Councilmember Kawakami. '
Mr. Kawakami: Thank you Chair and just a quick comment. I also
went to Fairbanks and noticed those devices that keep your car from freezing and I
think the difference is... if you don't have those facilities in your Shopping Center in
Fairbanks Alaska in the dead of winter, people will not shop at your establishment
because their cars will freeze, so for the shopping center it makes complete sense to
have those type facilities and hopefully one (1) day it will make complete sense for
all shopping centers and all private sector business to have these facilities if the
demand for these electric vehicles shall take off like what the industry is projecting
at this time. I'm curious to see how much the automotive industry is willing to chip
in... you know they create these vehicles but they're also creating profit margins for
their shareholders. But who is subsidizing these charging stations and at what
cost. I think it's all great discussion points and another thing I'm interested in
hearing is how many State facilities does this affect on Kauai because for County
facilities we just heard that we're going to be putting in six (6) and I can kind of tell
that some Shopping Centers and some hotels will also be affected so that... because
this is an unfunded mandate by the State, I'm just curious to see how many State
facilities this would affect and how much they're on the hook for. Thank you.
Chair Asing: Thank you. Any further discussion? I... you know
when I first heard about this my initial concern was why is the Leg mandating the
counties and with the mandate do not provide any funds, I think that's something
that maybe we should look at and just ask the Leg to please if you're going to
mandate us to do something how about give us a hand of the cost... or sharing the
cost also because these are very costly items and it's easy over there I guess in
Honolulu to make a mandate... everyone complies but you find the money to do the
work... so... I think I had that concern when I found out that it was a mandate by
the State Legislature. With that all those... any further discussion? All those in
favor say "aye"
Councilmembers: Aye.
Chair Asing: Opposed say "no", motion carried. Next item
please?
The motion to approve C 2010-189 as amended was then put, and unanimously
carried.
Mr. Nakamura: Council Chair to finish up on the Office of Economic
Development's request, if we could go to page five (5) of the Council's agenda on
communication C 2010-193.
C 2010-193 Communication (06/29/2010) from the Director of the Office of
Economic Development, requesting Council approval to apply for, receive and
expend the Environmental Protection Agency's Climate Showcase Communities
Grant of approximately $427,500.00. This grant requires a 50% match by the
County which will be met with in-kind personnel costs for project participants
working on the program, in addition to funds designated to construct a photovoltaic
power system on the Police/Civil Defense/Prosecutor facility on Ka`ana Street
Chair Asing: Thank you, George? I'd like to suspend the rules.
COUNCIL MEETING ~ - 18 - ~ July 14, 2010
There being no objections, the rules were suspended.
Mr. Costa: Okay again thank you Chair Asing and
Councilmembers. Again here's another grant opportunity that Glenn Sato our
Energy Coordinator is pursuing and with this application it calls for an innovative
project and as Councilwoman Kawahara pointed out we are very fortunate to have
Glenn as part of our team and you know he's totally focused on looking at these
opportunities and spent quite a bit of time in the short time that he's had since this
grant .opportunity came out to put something together so I'd like to call Glenn up
again to share what he's done to put this proposal together:
Chair Asing: Thank you.
Mr. Sato: Glenn Sato, Economic Development. This is an
EPA grant and it's a highly competitive grant. In 2009 there were four hundred
and forty-four (444) applications and they funded twenty-five (25) so you know not
to get the hopes up too high but it is very super competitive but you know I always
go in with the thought that my proposal is going to be one (1) of the selected ones.
This grant is looking at greenhouse gas emissions, elimination of greenhouse gases,
and if I get kilowatt hour savings I can turn that into greenhouse emissions
avoided. Just with information base from KIUC so what I did was this grant uses
the term innovated so they're not looking for typical put a PV system on a county
facility. So what I did was Idid atwo-prong approach where the first one would be
a public light bulb exchange, compact fluorescents for incandescent and I secured
the help of Kauai Island Utility Cooperative, and part of that is also to get low flow
showerheads and to give them out to the residents on the island. So we're looking
at a three (3) year program, three thousand (3,000) compact fluorescents, fifteen
hundred (1,500) spot light compact fluorescents, and fifteen hundred (1,500) low
flow shower heads... so that's like the public give away exchange portion of the
grant application. The second part of it is trying to get to that term innovated, so
what I'm doing is I'm proposing that the Police, Civil Defense, Prosecutor facility,
we are going to do a performance contract on that building to look at making that
more efficient but the innovative part of my proposal is to take that facility and go
beyond the normal efficiency measures. For example instead of going from efficient
T8 fluorescents to super T8, we want to try to go from the efficient fluorescents to
LED's. LED's we've been using the LED's at the Civic Center and the ones that we
have working right now are performing well so there's confidence in the product.
It's just starting to hit the marketplace so the cost is still high because the demand
hasn't you know escalated to the point where it drops the price. So the innovated
part is to go beyond and go from fluorescents to LED's as one (1) measure. Another
measure might be... we're going to put up a PV system there and to consider battery
backup for that building so we have power twenty-four, seven (24/7). Another
measure that I'm putting there in that list of innovated things that we're going to
look at is to look at the power flowing into the facility and to basically clean it up,
make it... they call it power optimization which prolongs the life of the equipment
in the facility and it also saves energy. Part of the proposal for the innovative part
of the program is also to ask funding for facilities energy specialist. This is a
position that was recommended in the Energy Sustainability Plan, so I'm trying to
get the first three (3) years funding through this grant, so it will... I'm putting for
three (3) years for one (1) person including fringe benefits. So if we get it, we're
three (3) years ahead of schedule.
Chair Asing: Thank you.
Mr. Kaneshiro: I have a question for Glenn.
COUNCIL MEETING • - 19 - • July 14, 2010
Chair Asing: Yes, Councilmember Kaneshiro.
Mr. Kaneshiro: You know on your communication on page twenty-
four (24) you also include under personnel energy manager, outreach coordinators
and so forth...
Mr. Sato: Yeah um...
Mr. Kaneshiro: Can you explain a little about that?
Mr. Sato: The EPA grant requires a fifty percent (50%)
match.
Mr. Kaneshiro: Okay.
Mr. Sato: So... I changed that terminology, I had it as energy
manager but it's actually my position.
Mr. Kaneshiro: Okay.
Mr. Sato: So I changed it to coordinator to make it more
consistent. The Water Department Public Relation Specialist is also included. I
have KIUC also included because I need to boost up the in-kind to be fifty percent
(50%) or greater but that's really...
Mr. Kaneshiro: Okay.
Mr. Sato: That's the way of making that match work.
Mr. Kaneshiro: Okay. My concern was that as you read on about
this application on the money process, it also talks about the future funding for each
year or years to come so... the biggest concern I have is that if you're going to put
personnel or specialist under this grant, we got to make sure that we let them know
that it's dependent upon funding.
Mr. Sato: Right.
Mr. Kaneshiro: So you know... that should be a .point that should
be stressed to whoever takes that position. Because as you read it the appendix C
frequently asked questions, process and legal questions... will there be future
(inaudible) each year? And it says it is not, you know... yet known.
Mr. Sato: Yeah and the way I address that question is I
always put in discussion on how the county operates on a fiscal year by fiscal year
and there is no guarantee but I guess all I can say is the intent is to you know if the
position is successful and it pays for itself then to keep on doing it for subsequent
years.
1VIr. Kaneshiro: Okay yeah. Okay.
Chair Asing: With that, Councilmember Furfaro and then
Councilmember Bynum.
Mr. Furfaro: (inaudible)
BC: Mic.
COUNCIL MEETING ~ - 20 - ~ July 14, 2010
Mr. Furfaro: Two (2) parts to this question as I follow up to
Councilmember Kaneshiro, so the two, fourteen which is fifty percent (50%)
approximately fifty percent (50%) of the grant money, you feel we're going to
address it in-kind by matching some of the salary levels we have right here?
Mr. Sato: Yes.
Mr. Furfaro: Okay so this is not something we're going to see in
the future for a money bill?
Mr. Sato: No.
Mr. Furfaro: Okay.
Mr. Sato: Part of the, part of the match... I'm also using what
we're going to put on or what we're going to spend in terms of the PV system...
Mr. Furfaro: Oh okay.
Mr. Sato: We are working on a design build solicitation right
now for planning and design for a PV system for the, for that facility. I took a
conservative amount and we're looking at a pretty sizable system because there's a
lot of south facing roof on that facility and you know we're looking at probably a
hundred and twenty-five (125) or so KW system but I kind of downsized it and said
you know... I cost it out like a hundred and... a hundred KW system. So I put that
as the matching.
Mr. Furfaro: Okay, very good. And then as we focus on the you
know the Police, Civil Defense, Prosecutor's Office all in that building you
mentioned this Energy Performance Evaluation of the building itself, we will do
that evaluation to include the current compressor system, the trane modification,
all of those compresses because that's a big item for those, for that facility and I
think we have not gotten out of trane all of the benefits on energy management in
that building.
Mr. Sato: The performance...
Mr. Furfaro: (inaudible) part of this study?
Mr. Sato: It's not part of this grant. The performance
contract is coming out with its via another request for proposal that I'm putting
together that I'm hopefully going to issue sometime late August early September
and that, that performance contract will look at a lot of county facilities. Where this
particular grant I know that improvements are there, you know we can be more
efficient for this facility, so for this EPA grant I'm singling out this particular
facility to go that one more step further and do a little bit more creative measures
and more innovative measures and I'm asking the EPA to give us enough funds to
help us buy down the cost of some of those innovative measures so we can go ahead
and do it.
Mr. Furfaro: Okay. I just had to ask that question Glenn
because I think our Building and maintenance Department you know they're pretty
good at understanding this trane system and all of the settings for the chill water
and so forth, I just think it does kind of take a third party to evaluate what I think
our Building Department is comfortable in doing with some recommendations.
COUNCIL MEETING • - 21 - • July 14, 2010
Mr. Sato: Yeah I do know that you know in discussions with
Building Division, an Energy Management system functions based on monitoring
points... -
Mr. Furfaro: Yes.
Mr. Sato: The more points you have that you want to
monitor, the more expensive it is but then the better your system becomes so
hopefully the performance contract will look at those, those issues and try to make
suggestions on improving the EMS system also.
Mr. Furfaro: Well good I'm glad to hear that and again I just
want to reiterate that I think our Building Department people understand the
system and in fact I've managed a building that had almost this exact trane system
and it's a big component of all the energy cost associated with Police, Civil Defense,
Prosecutor's Office and I'm glad to hear that we're pursuing something more there.
Thank you very much. I don't have any more questions.
Chair Asing: Any? Any other questions?
Mr. Bynum: Just... Councilmember Furfaro going down the
same line I was thinking and I just comment that you know grant writing is a skill
that Glenn clearly has because you got to be innovative and creative to find those
matches and you answered the question that these are things that we are
committed to and then hopefully if we're successful and you said right up front...
you know don't count your... ducks because it's competitive but you know if we
could sustain it beyond the three (3) years, hopefully we can demonstrate the
savings that would pay for the ongoing personnel, if that... that's necessary but we
may, we can worry about that later so... thank you for your good work Glenn.
Chair Asing: Any other questions for Glenn or George? If not, I
have one (1) and I don't expect an answer but I just thought I would throw it out
anyway... you know it occurred to me not too long ago when I started to see lots of
buildings with solar and photovoltaic on the almost the entire roof, you know I say
to myself.. I wonder what element, what portion will be needing maintenance first.
In other words I see a roof that is completely covered with solar system and then
only to find out that the roof needs to be changed and I'm saying "wow if the roof
needs to be changed because it's going to, it's starting to leak and we just install the
photovoltaic or solar, what's going to happen now?" The cost is just going to be
horrendous, you take the whole solar out and then repair the roof and put it back...
so has there been any studies or anything in that area to make adjustments and
how...
Mr. Sato: Let me...
Chair Asing: And how should that be handled?
Mr. Sato: That's one of the first things you look at in terms of
you know if you put a roof mounted system. We did that with the Lihu`e Civic
Center, the Piikoi Building. Public Works actually recoated the roof of that building
in anticipation of putting this PV system up and at the same time we did that
because the previous coating of the roof, I think... I think it was like a fifteen (15)
year warranty but then it was close to the end of that warranty period so they
decided to recoat it and that's one of the things that you really look at, you don't
want to put a PV system on to a roof near its useful life.
Chair Asing: So there are things that you folks consider?
COUNCIL MEETING • - 22 - • July 14, 2010
Mr. Sato: Right...
Chair Aging: (inaudible)
Mr. Sato: Right, we look at the roof structure, we look at the
age of the roof, the condition of the roof and you know it's just good sense that if it
needs to be redone that you do it before you put the PV system on.
Chair Asing: Thank you. Any other questions? If not, I'd like to
call the meeting back to order.
There being no one else to speak on this matter, the meeting was called back
to order, and proceeded as follows:
Mr. Nakamura: We have no motion Mr. Chair.
Chair Asing: And?...
Mr. Nakamura: We don't have a motion.
Chair Asing: Can I have a motion to approve?
Mr. Furfaro: Yes move to approve.
Mr. Chang: Second.
Chair Asing: Any discussion? All those in favor say "aye".
Councilmembers: Aye.
Chair Asing: Motion carried. Thank you George, Glenn.
Upon motion duly made by Mr. Furfaro, seconded by Mr. Chang, and unanimously
carried, C 2010-193 was approved.
Mr. Nakamura: Council Chair, we're back on page three (3) of the
Council's agenda on communications for approval, next communication for approval
is communication C 2010-185.
C 2010-185 Communication (05/26/2010) from the Executive on Aging,
requesting Council approval to receive and expend American Recovery and
Reinvestment Act of 2009 Funds for Chronic Disease Self Management Program
(CDSMP) in the amount of $21,640.00 available from the date of the State's Notice
to Proceed through March 30, 2012. These funds will be used to reach additional
communities that include older adults with chronic diseases; establish referral
linkages with health clinics, physicians and other service providers utilizing the
Aging & Disability Resource Center (ADRC); recruit & train local community
members as lay leaders; provide workshops; and measure changes in participants'
heath status: Mr. Furfaro moved to approve C 2010-185, seconded by Mr.
Kaneshiro, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next communication for approval is communication
C 2010-186.
COUNCIL MEETING ~ - 23 - • July 14, 2010
C 2010-186 Communication (06/08/2010) from the Director of Parks &
Recreation, requesting Council approval to accept an assortment of merchandise
(including various quantities of books, games, greeting cards, clothes, key chains
and other novelties) from Borders Books, Movies & Cafe valued at $10,000.00 to be
used for programs sponsored solely or in part by the Department of Parks &
Recreation: Mr. Furfaro moved to approve C 2010-186 with the appropriate thank-
you letter to be sent, seconded by Mr. Bynum, and unanimously carried.
Chair Asing: And with that, discussion?
Mr. Bynum: Yeah I wanted to really thank and recognize
Helane Parrole from the Borders Books and Music and Cafe, Borders that... you
know this is like ten thousand dollars ($10,000.00) of merchandise greeting cards,
novelty items that can be used in our youth summer program, they contacted our
Parks Department and Cynthia Duterte you know wisely followed through and has
established this relationship. These materials will be great benefit to our senior
programs, our youth programs and it looks like it's establishing to an ongoing thing
that quarterly... as often as quarterly Borders may be able to make this donation so
this is a really great thing and I appreciate the Parks Department following
through and capitalizing on the opportunity.
Chair Asing: Thank you, any further discussion? ~ If not, all those
in favor say "aye".
Councilmembers: Motion carried. Next item please.
Mr. Nakamura: Next communication for approval at the bottom of
page three (3) of the Council's agenda is communication C 2010-187.
C 2010-187 Communication (06/09/2010) from the Chief of Police, requesting
indemnification by the Council fora Letter of Agreement between Kapi`olani
Medical Center for Women and Children (KMCWC), by and through its Sex Abuse
Treatment Center (SATC), and the Kauai Police Department to establish and
clarify the scope and nature of services to be provided to the Kauai Police
Department as a member of the Hawaii Sexual Assault Response and Training
(HSART) Program by KMCWC: Mr. Bynum moved to approve C 2010-187,
seconded by Mr. Kaneshiro, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: On page four (4) of the Council's agenda Mr. Chair
is communication C 2010-190 for approval.
C 2010-190 Communication (06/21/2010) from the Executive on
Transportation, requesting Council approval to apply for, receive, indemnify, and
expend FY 2010 Federal Transit Administration (FTA) Section 5311 and 5311(b)(3)
Rural Transit Assistance Program (RTAP) Grants for operational, administrative
and training expenses for the County Transportation Agency in the amounts of
$554,680.00 and $10,855.00 respectively: Mr. Furfaro moved to approve C 2010-
190, seconded by Mr. Chang, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next communication for approval is communication
C 2010-191.
COUNCIL MEETING ~ - 24 - ~ July 14, 2010
C 2010-191 Communication (06/23/2010) from the Director of Parks and
Recreation, requesting Council approval to receive and expend Temporary
Assistance for Needy Families (TANF) Emergency Contingency Funds (ECF) in the
amount of $20,468.00, to provide supplies, equipment, and meal service for the
County's 2010 Summer Enrichment Program: Mr. Furfaro moved to approve C
2010-191, seconded by Mr. Chang, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next communication for approval at the bottom of
page four (4) of the Council's agenda is communication C 2010-192.
C 2010-192 Communication (06/24/2010) from the Director of Housing,
requesting Council approval to decline the repurchase of Unit No. 42, Villas at
Puali, located at 1983 Hokunui Place, Lihu`e, Hawaii 96766, and to grant the owner
a one-year waiver of the County's repurchase right effective the date of the Council's
approval, to allow a market sale by the owner: Mr. Chang moved to approve C
2010-192, seconded by Mr. Bynum, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: On page five (5) of the Council's agenda matters for
approval are two (2) Legal Documents, first Legal Document attached to
communication C 2010-194.
LEGAL DOCUMENT:
C 2010-194 Communication (06/23/2010) from the Director of Finance,
requesting Council approval of the First Amendment to the Acquisition and
Funding Agreement between the County of Kauai and Kukui`ula Development
Company (Hawai`i), LLC, with respect to Community Facilities District (CFD) No.
2008-1, the company having determined that it would not be feasible at this time to
proceed with the related bond offering of the CFD through December 31, 2015.
• First Amendment to Acquisition and Funding Agreement by and
between the County of Kauai, with respect to the County of
Kauai Community Facilities District No. 2008-1 and Kukui`ula
Development Company (Hawai`i), LLC, a Hawaii limited
liability company.
Mr. Kaneshiro moved to approve C 2010-194, seconded by Mr. Bynum, and
unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next Legal Document is attached to communication
C 2010-195.
C 2010-195 Communication (06/23/2010) from the County Engineer,
requesting Council approval to accept the dedication of Piko Road at
TMK (4) 2-5-007:047 from Kilipaki Estates Association of Condominium Owners
and to execute the dedication deed.
• Dedication Deed: Kilipaki Estates Association of Condominium
Owners (Grantor) grants and conveys to the County of Kauai
(Grantee) the real property described in Exhibit A and shown in
Exhibit B, Tax Map Key (4) 2-5-007:047
COUNCIL MEETING ~ - 25 - • July 14, 2010
Mr. Furfaro moved to approve C 2010-195, seconded by Mr. Bynum, and
unanimously carried.
Chair Asing:
Next item please.
Mr. Nakamura: Next matters are claims, communication C 2010-
196 which is a claim filed against the county by Robert K. L. Young and
communication C 2010-197 which is a claim against the county by Novus Credit
Solutions representing Avis Rent-A-Car.
CLAIMS:
C 2010-196 Communication (06/15/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Robert K. L. Young for
vehicle damage, pursuant to Section 23.06, Charter of the County of Kauai:
Mr. Kaneshiro moved to refer C 2010-196 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Mr. Furfaro, and
unanimously carried.
C 2010-197 Communication (06/16/2010) from the County Clerk,
transmitting a claim filed against the County of Kauai by Novus Credit Solutions
for damage to an Avis Rent-A-Car, pursuant to Section 23.06, Charter of the County
of Kauai: Mr. Kaneshiro moved to refer C 2010-197 to the County Attorney's Office
for disposition and/or report back to the Council, seconded by Mr. Furfaro, and
unanimously carried.
Chair Asing: Peter? Why don't we take a caption break...
BC: Mic.
Chair Asing: My apologies, let's take a caption break now and
then return, thank you.
There being no objections, the Chair called a recessed at 11:33 a.m.
The Council reconvened at 11:48 a.m., and proceeded as follows:
Chair Asing: Council Meeting is now called to order.
Mr. Nakamura: Council Chair at this time we are on...
Chair Asing: Hang on Peter.
Mr. Nakamura: Oh.
Chair Asing: Council Meeting is now called to order, with that
Mr. Clerk next item please.
Mr. Nakamura: Council Chair, we're on the bottom of page five (5)
of the Council's agenda on Resolutions, first Resolution is Resolution No. 2010-38.
RESOLUTIONS:
Resolution No. 2010-38, RESOLUTION ESTABLISHING A CROSSWALK
ON MALU ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI: Mr. Chang
COUNCIL MEETING ~ - 26 - ~ July 14, 2010
moved to approve Resolution No. 2010-38, seconded by Mr. Bynum, and carried by
the following vote:
FOR APPROVAL: Bynum, Chang, Furfaro, Kaneshiro
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST APPROVAL: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Thank you. Next item please.
Mr. Nakamura: We're on page six (6) of the Council's agenda on
Resolution No. 2010-39.
Resolution No. 2010-39, RESOLUTION TO ESTABLISH A POLICY FOR
FACILITATING OPEN GOVERNANCE AND INTERNET ACCESS TO PUBLIC
DOCUMENTS
Chair Asing: What I'd like to do is I understand there's going to
be a motion to defer the item but before we do that I'd like to turn it over to
Councilmember Bynum.
Ms. Kawahara: A motion to what?
Mr. Bynum: Why is there going to be a motion to defer?
Chair Asing: I believe so.
Mr. Bynum: Move to approve.
Ms. Kawahara: Second.
Mr. Bynum moved for adoption of Resolution No. 2010-39, seconded by Ms.
Kawahara.
Chair Asing: All those in favor say "aye"... you want discussion
first... go ahead, I'm sorry... go ahead, discussion.
Mr. Bynum: Thank you, I'd like to do a presentation and also
read the Resolution.
Chair Asing: Okay.
Mr. Bynum: This is a Resolution to establish policy for
facilitating open governance and Internet access to public documents. Whereas, in
democracy, the people are vested with the ultimate decision-making power and an
informed, aware and engaged electorate is an important component of good
governance; and
Whereas, the State... Hawaii State Legislature, when it passed the Sunshine
Law, expressly declared "it is the policy of this State that the formation and conduct
of public policy -the discussions, deliberations, decisions, and action of government
agencies -shall be conducted as openly as possible"; and
Whereas the Hawaii State Legislature also enacted the Uniform
Information Practices Act mandating that all government records be open to public
inspection unless access is specifically restricted or closed by law; and
Whereas, the Council of the County of Kauai (hereinafter "the County")
recognizes the value of partnership and collaboration with an informed public; and
COUNCIL MEETING ~ - 27 - • July 14, 2010
Whereas, the internet has become the most reasonable, .customary, and
efficient method to public information; and
Whereas, the County has invested in a web portal that facilitates easy public
access to public information; and
Whereas, the County has entered into a third party contract to produce live
streaming video and an archive of government meetings, including an interface that
facilitates easy access to public meetings and important records online, creating an
unprecedented level of openness and improved access for persons with disabilities;
and
Whereas, implementing the tools now available to the County will boost staff
efficiency and control costs; now, therefore,
Be it resolved by the Council of the County of Kauai, State of Hawaii, that it
is our policy to provide an exemplary level of openness, public participation in
government, and internet access to public documents.
Be it further resolved, that the Council will fully implement the capabilities
made available by the investment in the technologies and tools which has been
made by the citizens of Kauai.
Be it further resolved, that key Council documents shall be posted on the
Council website and be searchable by text. Documents shall include, but not be
limited to: Council and Committee Meeting agendas with related attachments,
committee reports, the full text of introducing bills and resolutions, draft bills and
resolutions subsequent to amendment, final version of bills and resolutions adopted
by the Council, and minutes of Council and Committee meetings.
Be it finally resolved, that a copy of this resolution be forwarded to the
Mayor, the Director of Finance, the County's Information Technology Manager and
the County Clerk.
What is bringing about this Resolution at this time is something that has
been anticipated in the county since 2006. In 2006 this Council before I was on it
funded live streaming video and archiving of Council and Committees for the
benefit of the public and we are on the cusp of actually implementing it four (4)
years later and so I want to share with the public and with Councilmembers that
the contract is out, it's under way... we've already tested it and within... as soon as
a few bugs are ironed out, is what I'm told, this will be a facility that's available to
the public so. With that I'd like to show you how it works.
Our contract is with a company called Granicus that does over two hundred
(200) communities. This is a company who, their product basically is providing
services to legislatives bodies. We're going to get it in focus but as I mentioned they
have over two hundred (200) communities that they facilitate and they are our
contractor and what I have up here on the screen is the City of San Jose. They said
that this was an example of what our interface can do and what... it won't look
exactly the same but I wanted to give you an idea. So if you go onto the City of San
Jose's website you'll go to this page where it says that this is the web home for
information about the City. San Jose Civic Center programming is dedicated to
presenting information about city services and program, connecting residents to
City Hall, and encouraging people to become more involved in their community and
so this is their kind of... where you start and you'll see it says "currently in session"
and if there was a meeting happening in San Jose right now it would tell us hey this
meeting's there, you can click and watch what's happening live. Then it has a list of
upcoming events that are coming up soon in the City of San Jose. And as you come
down they're recently archive meetings because this isn't just live streaming, it's
archiving.
So if we look at the City Council, they're City Council and Redevelopment
Agency are combined. Redevelopment Agency is a concept we'd like to learn more
about here on Kauai but, so I was going to use this June 15th as an example, but if
COUNCIL MEETING • - 28 - ~ July 14, 2010
you look over here on June 15th, I don't know why it skipped up like that but if you
look at June 15th you can see that you can see a video of the meeting, you can have a
mp3 audio recording which can be downloaded and it's particularly useful for people
who are sight impaired, that they can download this and put it on their IPod and
listen to it at their convenience. Over here is a dropdown menu of documents which
includes an agenda, a transcript of the meeting and a synopsis. If you click on this
transcript meeting it would go to a page that starts with this disclaimer that this is
a transcript provided for your convenience but does not represent the official record
of the meeting. The transcript is provided by a firm that provides closed captioning.
This, because this service is created in real time, the meeting... as the meeting
progress it may contain errors and gaps but is nevertheless very helpful in
determining what occurred at the meeting. This is made available at the end of the
meeting so typically cities post this the next day after the meeting and if you look
down it has you know, blow by blow kind of what you see on the bottom of your
screen when you watch Council Meetings. But if you click here on the video portion
you'll go to... this is a Council Meeting from June 15, 2010 it's paused right now and
if I work... I don't have the audio on here because we don't need to hear what
they're saying but you see the Council Chair here opening the meeting of June 15th.
Right below here is... all of the agenda items from that day.
So if you scroll down and if I had a bigger computer screen because this is on
a small laptop you can see kind of the whole agenda. And I'm going to scroll down
to a section of the agenda that... and so over here posted on the right is the Council
agenda for that day, this day happens to be thirty-seven (37) pages, and I can go
quickly to page twenty-four (24) and I wanted to use as an example... this agenda
item right here which is reassessing a Real Property... yeah it's a Real Property
zoning change... what's important here is that there are links on this agenda. The
link and when you click these links you get the supporting documents so whether
you're seeing this live or you're seeing it at home and you want to know what's
happening you can look at the supporting documents. The supporting documents in
this one are things like a memorandum from the Planning Department with the
subject, the recommendations, the outcome, giving the background of the actions
that happened at Planning. Another document related to this particular agenda
item is a memo... let's see... is the Planning Commission staff report that has a lot
of information, maps and aerials and you can look at this document while you're
watching the meeting and move back and forth. I put them here as pdf's so they're
a little bit larger. If you wanted to know where this was for instances, you would
click on this and see a map of the area so these are all supporting documents that
are supplied to and similar to us you know, we have this big, fat agenda packet here
which has all the supporting documents, not all the communities are interested in
all of these but the beauty of this system and this is the system that we already
purchased... if we can get back to it... is if you scroll down here, when you find the
thing that you're interested in, let's see if this works live and this is... you click on
that agenda item and it should if it works go to, to that portion of the meeting as
opposed to waiting um you know, because right now you have to go to Hoike you
have to wait until it's on, you have to know when it was in the meeting and we don't
always follow the direct line of in our agenda and in this instance it doesn't matter.
You click on that agenda item, you see that agenda item come up and then there's
tools like closed captioning, you click on the button and you get to see it, you can go
to the current item or all items. You can click on a button and go full screen to see
the video in full screen and then have the supporting documents back here. So let's
just try one of these links, I showed these documents separately but they just come
up and they're related to that.
So a lot of the goals that many of us have tried to achieve are facilitated by
this interface. This is something that the community have already paid for and it's
just a matter of us facilitating, hence the part of this Resolution that says we will
COUNCIL MEETING • - 29 - ~ July 14, 2010
fully implement the capabilities that the citizens have already paid for. To the best
of my knowledge we're doing virtually all of this already, we already get the
documents, we already compile them and it's... this vendor, they, even though you
will access this through the county's website, the vendor will host this on their
server and so as our staff compiles all of the documents, all they have to do is put
them in a folder and when the agenda is ready, email that folder to the vendor who
will make these hot links, populate them on the agenda and make them available.
Now once it's archived if we, if our staff or Councilmembers want to add additional
supporting documents then we can do that. But it's not a big burden for the staff as
the way I understand it because they're already doing this now. They have to, they
would have to... just send the documents to the vendor who would populate them all
unto this interface that we're looking at. This has already been tested, I clicked on
this a couple of times... let's see i£.. oh this is the Kauai County Council Meeting of
June 16, 2010, just a few weeks ago and you can see Ed Renaud up there talking
and again it's a little bit squeezed but down here is the agenda where we can go to
any portion of that meeting that interested us. So County time, it took four (4)
years since we funded this but... this should be available to the public as soon as we
are now a few technical difficulties and our IT staff is working on that, hence the
Resolution about making this documents available to the public. One point I want
to put on is that specifically wording says that drafts bills would be available
subsequent to amendment. Sometimes we have amendments here but it's already a
practice, if we have a bill that's in work say like the farm worker housing bill which
is now on draft three (3), the amendment wouldn't be available when it's introduced
but if it's introduced and passed and there's a deferral to the next meeting, then
that current status of the bill would be available when the next week's agenda came
up and so for those people who are coming to testify, they would have five (5) or six
(6) days to look at the agenda and get the current document. That's my
presentation and to me this is pretty simple and straightforward.
Chair Asing: Thank you. Can we have the lights on please?
We'll wait until the light goes on. There we go... I think what I'd like to do is have
public testimony first before we take action on this.
There being no objections, the rules were suspended.
Chair Asing: The rules are suspended. With that, Glenn.
GLENN MICKENS: Thank you Kaipo. Tim thank you for the
presentation, I thought it was outstanding. Just for clarity... just basically every
Friday I usually get the agenda from the Clerk's Office, at the same time now you're
saying that I can get the agenda and I can get these communications, the bills, ah...
anything on this agenda, is that what you're saying?
Mr. Bynum: That's the standard that I would like to see. There
are many people who... people operate differently in our community. Some people
are not computer people, they don't have the access to the Internet, although you
can get access at public libraries and other public places but some people will want
to still drive down to the County Building and get paper copies of the agenda. All of
the documents under the State law that are generated in the County are public
documents unless they're confidential under some specific State law. Now that's a
huge volume of documents at our..: you know, most of us aren't interested in all of
them, that's why this Resolution goes to the ones that are kind of high value...
minutes, you know, supporting documents for things that are actually on the bill.
Our staff currently compiles all of those documents and supplies us to then... us to
them in paper. And so once that is compiled if they send that... you know our
agenda thing... that we have our meeting on Wednesday, by Thursday afternoon,
late Thursday evening sometimes...
COUNCIL MEETING - 30 - ~ July 14, 2010
Mr. Mickens: Right.
Mr. Bynum: Because we have to have Sunshine Law, it's posted.
You know by Friday morning we usually have this agenda packet in our boxes as
Councilmembers, this would be available... so using this system we just have that
available as a physical copy or as a electronic copy.
Mr. Mickens: And you're showing as you showed up there...
you're showing the Hoike recap of this thing and you can punch on to anyone of
the... so you don't have to watch three (3) or four (4) hours... you can go right to any
particular section?
Mr. Bynum: Right, you can go to the section of the meeting... so
you have the agenda on the right, you have the agenda on the left...
Mr. Mickens: Yeah.
Mr. Bynum: On the left, you go down to that agenda item and
click on it and it will go to that portion of the meeting. And this is on your computer
at home or at the library and so and it typically is up the next day. And then... or if
you are at home, you can watch the meeting live. For our employees they can watch
the meeting live and kind of keep track where we are. They've been able to do the
with video feeds at the County Building for some time but saves staff time because
they don't have to sit here...
Mr. Mickens: Sure.
Mr. Bynum: And wait you know... and I'm I answering your
question?
Mr. Mickens: Yes, very... and is that coming, is live video
streaming...
Mr. Bynum: I've been told any day now for about six (6) months
so... you know, the current status and I think we have somebody here from IT if we
need to get into it but you know, they're just working the bugs out.
Mr. Mickens: And what has taken... you mentioned four (4) years
this has been in the process. What's taken four (4) years... I mean I've heard many
people including myself have you know it's... kind of a burden... well I don't have to
drive that far but if you're coming from the Southside or the North Shore, come
down here to have to pick up papers and stuff, to read the agenda and everything
instead of the day you're coming here but then it's tough sometimes to read
everything that you may have questions about on the agenda... so what's taken four
(4) years to be able to implement this because...
Mr. Bynum: Well I...
Mr. Mickens: Because it sounds great to me.
Mr. Bynum: Glenn, I can't answer that question.
Chair Asing: Ah...
Mr. Bynum: But what I can say is the agenda's been available
online for some time. As of May of last year the Council minutes and Committee
COUNCIL MEETING • - 31 - • July 14, 2010
minutes are available online. What is not available online is upcoming supporting
documents...
Mr. Mickens: Yeah.
Mr. Bynum: Text of bills... I frequently get calls from people
saying where do I get a copy of that bill?
Mr. Mickens: Right.
Mr. Bynum: I want to see that bill that's been introduced.
Mr. Mickens: Yeah.
Mr. Bynum: I want to be a participation in government. And so
I think this is just a logical next step.
Mr. Mickens: Well again I appreciate you pushing this thing...
Chair Asing:
No?
Mr. Furfaro:
Chair Asing:
Mr. Furfaro:
streaming.
Mr. Mickens:
Councilmember Furfaro, did you have a question?
I had a question, yes.
Oh go ahead. You wanted to address...
I can. Yes Glenn we're very close to live video
Right.
Mr. Furfaro: And I just wanted to bring you back to what we
recently went through with the budget presentation and with the generosity that
we had from the Garden Island media and working with Hoike to be able to
broadcast the Budget live, I want to compliment Mr. Bynum for not answering the
question as to... since four (4) years ago when we approved this money, you know,
what are the particulars that related to the fact we weren't ready by budget time
but if you recall in the budget time, we felt by July we would be live video
streaming. I think that's the first step. What I don't quite understand now as, this
Council is subject to the Sunshine Laws, the fact of the matter is, you know, what
goals can we achieve without finding ourselves possibly distributing information
that now can be considered a serial communication amongst Councilmembers. You
know those particular types of things, we certainly ask the County Attorney for
some commentary. I think Mr. Bynum did say the fact of the matter is, you know,
we would only have items on the agenda that actually have been approved because
if they were not approved and they were up there, it could be interpreted as a serial
communication and I'm very cautious there. You know I've pushed very hard along
with Mr. Bynum as a release to what we did on the budget process but we need to
go and forgive me for using this term... we have to go through the hoops of what the
Sunshine Law also can share with us, what can and cannot be .posted.
Mr. Mickens: So the OIP thing could be an issue that has kept
this thing from going forward?
Mr. Furfaro: No I didn't say that. I'm saying to protect myself...
Mr. Mickens: Yeah.
COUNCIL MEETING - 32 - • July 14, 2010
Mr. Furfaro: And I have no problem telling you that I've spent
about seventeen hundred dollars ($1,700.00) defending myself with OIP for a
complaint that's been filed to a citizen that presumes that I made a serial
communication. I haven't spent a nickel of the county's money or gotten
reimbursement but then it becomes a personal concern... are we in compliance of
what actually gets posted? And if I heard Mr. Bynum correctly, what gets posted...
would only be what's introduced at the Council level, therefore if we had video
streaming at this point until we answer that question, it would be almost live
anyway for those that are interested. So you know I just think there are a few other
particular questions that I would like to hear from the Administration on and I
compliment Mr. Bynum saying he couldn't answer those right now because those
questions are really from us to the Administration and I hope I helped you
understand my point of view.
Mr. Mickens: Yes. I appreciate that.
Chair Asng: Councilmember Bynum.
Mr. Bynum: I just want to add that what I'm... what I'm
representing here is standard of practice and hundreds and hundreds of
communities and the only thing that would be sent out are documents that are
already public. I just made accessible and in a more convenient fashion.
Mr. Mickens: But like a bill when... if a bill...
Mr. Furfaro: Excuse me Glenn procedure he did not pose a
question...
Mr. Mickens: Oh.
Mr. Furfaro: He posed a statement.
Mr. Mickens: Can I ask one (1) more question then?
Chair Asing: You can ask the question Glenn but I'm not sure
whether you're going to get an answer but go ahead and ask the question.
Mr. Mickens: Okay. Well just for informational purposes...
Chair Asing: Go ahead.
Mr. Mickens: And Tim probably went over this and maybe I
didn't quite understand it... if the bill is on this agenda 'and I pick the agenda up
and it's going to be now I can go to my website that... on my computer and pick it
up, I can read that whole bill before I come up here?
Mr. Bynum: Yes.
Mr. Mickens: Okay.
Mr. Bynum: But only subsequent, if it's a bill... when a bill
introduced you can read it...
Mr. Mickens: Yeah.
COUNCIL MEETING ~ - 33 - • July 14, 2010
Mr. Bynum: If it's amended and we vote, and now it's coming
back as draft one (1) or draft two (2)...
Mr. Mickens:
Sure.
Mr. Bynum: Right...
introduced, those are not be available...
Mr. Mickens: Okay.
Mr. Bynum:
Mr. Mickens:
Mr. Bynum:
expressed.
Mr. Mickens:
Mr. Bynum:
Mr. Mickens:
not amendments that are poised to be
Because...
I understand that.
Because of the concerns that Mr. Furfaro has
Right, right.
And practical and pragmatic concerns...
Well L..
Mr. Bynum:. These are just public documents...
Mr. Mickens: Right.
Mr. Bynum: Documents that already met the (inaudible) test of
being public.
Mr. Mickens: Okay. I really support this thing a hundred
percent (100%) and the live, if they can ever get this thing live I would highly
support that too.
Chair Asing: Go ahead Councilmember Furfaro.
Mr. Furfaro: I want to reconfirm I think we're very close to it
being live. Do we have a website now that currently post the agenda? Yes we do.
Does it post all of the communications that Mr. Bynum is proposing? No it does not.
Mr. Mickens: Okay.
Mr. Furfaro: Having an experience where I had to defend myself,
I would like to have some time to make sure we're in compliance and I'm going to
use... because you know the Legislature, the State Legislature does riot comply to
the Sunshine Law but the Councils do.
Mr. Mickens: Yes.
Mr. Furfaro: And I don't want to find myself making an error
and then finding myself maybe involved in some perception of a serial
communication until we have some legal advice.
Mr. Mickens: Sure.
COUNCIL MEETING. - 34 - ~ July 14, 2010
Mr. Furfaro: But I support what Mr. Bynum is saying a hundred
percent (100%), I think we're very close on the streaming of the meetings, very
close.
Mr. Mickens: Which would be great. Thank you Jay and Tim.
Chair Asing: Thank you. Is there anyone else? Anne?
ANNE PUNOHU: Aloha, Anne Punohu for the record. I just wanted
to make couple statements and I also had a couple questions myself. First of all I
want to thank everyone and especially Tim and Lani and I know Uncle Kaipo has
been talking about this too for a long time. I want to thank you for listening to the
general public. Sometimes when we come here we feel like nobody ever listens to
what we have to say and the general public has been asking for more transparency
and for more accessibility and for the ability to kind of know as much as you guys do
when you walk into this room so that we don't look like idiots when we get up here
on the microphone. What I saw in the presentation today I think is absolutely
fantastic. I think that it will really eliminate a lot of people having to come down
and testify since we will be able to honestly be able to pick and choose the issues
that we feel that most strongly about and when we feel the need to come down and
it's a more emotional issue and we want to make a more personable presentation or
we can make our presentation more online and do more with electronic
communication... um... I wanted to make a suggestion and hope that maybe
somebody can follow through on this is to have several public kiosks in order to
allow and several keys areas in our community, especially for our children, our high
school kids and our college age guys and to be able to have access to several kiosks
where they are, such as public libraries at KCC dedicate a kiosks for just the
viewing of this particular website so that they can take their time in order to retook
at testimony and really do their homework on the issues. That's my suggestion. My
other question is will the infamous or famous I better not say infamous... decisions
of the County Attorneys be posted on the website by any chance and... I had to ask
that question... my other question is will this also be the same rule for other
Commissions such as Planning Commission where it's so closely connected to the
kind of issues that we discuss here as the general public on the council would we
also be able to have that same access for things like the Planning Commission as
well?
Chair Asing: Go ahead Councilmember Bynum.
Mr. Bynum: Well you covered a lot of interesting things but the
intent of the Planning Commission, Police Commission... the things that are
currently broadcast would be available in this format. How much those
Commissions make documents available is the choice that they make. Regarding
County Attorneys opinions you know I agree that many of our opinions could and
should be made public and as I looked at other communities that have this and
their supporting documents, very frequently County Attorney opinions are routine
public documents that are in support but that is a separate issue and we continue to
dialog about that. In terms of informing the public about you know... I'm going to
be honest for a minute sometimes you sit here as a Councilmember and somebody
gives a public... and you see this happen, they give public testimony and
Councilmembers say oh you got that all wrong... you know... because hey we know
some things you don't know.
Ms. Punohu: Exactly.
COUNCIL MEETING • - 35 - ~ July 14, 2010
Mr. Bynum: So you know this is just going to make our dialog
richer if we supply this information, people... members of the public are less likely
to come up there and say things that we know...
Ms. Punohu: Like me...
Mr. Bynum: May not be accurate right and so information is the
life's blood of democracy and the more that we can put it out there, the more
citizens can help us do a good job. The more citizens can look credible when they
come up and speak before us. So, did I answer your question?
Ms. Punohu: Yep, that was good, thank you very much and aloha
and thank you guys for doing this and putting this forward and for the general
public I think we can all say thank you too; aloha.
Chair Asing: Thank you. Mr. Taylor.
KEN TAYLOR: Chair, members of the Council, my name is Ken
Taylor. I too want to thank Tim and all of you for working and moving this forward.
As you know I haven't been on the island for all that long but before I came from
over twenty (20) years ago they were posting on the agenda, you could click on the
agenda item and bring up all the staff reports or any other documents that pertain
to a particular item and what Tim showed us today is an advancement over what
went on twenty (20) years ago but taking this one (1) item as an example, even
when I asked this morning at the desk for backup information on this item, I didn't
receive even the Resolution and I would assume that this process we would be able
to click on and see that Resolution and others. I remember several years ago one of
the Council people approached me at the break and said well one of the reasons we
don't agree on this issue is that I'm (inaudible) to information that you don't have
and my response to that was well if you... if I don't have the information or can't get
the information then you're not doing your job. And I feel strong that that
transparency needs to be made and I look forward to you moving forward with this
and I just don't see a problem with supplying backup material on a particular item
that is on the agenda so that we can all better discuss the issue. I know myself at
times have been corrected in my assumption of what was being brought forth and I
certainly don't appreciate... or cared to be wrong and in the assessments of
something but when you don't, when you don't have access to the backup
information, it's very easy to misinterpret the activity so I think it will provide
better communications between the council and the public and will make the
meetings often times go more rapid. Thank you.
Chair Asing: Thank you. Is there anyone else? JoAnn.
JOANN A. YUKIMURA: Council Chair, Councilmembers good morning,
JoAnn Yukimura. I didn't come here this morning to testify on this item, I'm here
for farm worker housing but I do want to support this Resolution. I think it's an
exciting policy that will take democracy to another level in terms of informed public
participation and as a wonderful side benefit, it will be a way to save precious
county staff time because citizens will be able to access the documents without
prevailing upon county staff. So I think it will be wonderful for the Council to adopt
this policy in writing which... and I'm glad that it limits itself to documents deemed,
already deemed public information that are already available by hardcopy because I
know if it weren't then it would raise other questions but for stuff that's already
available to have it available on the web electronically, it would really help the
public, the press and I think county employees.
Chair Asing: Thank you. Councilmember Furfaro.
COUNCIL MEETING ~ - 36 - • July 14, 2010
Mr. Furfaro: JoAnn, would you agree though with any
implementation of a new program, there should be the appropriate internal
communication and training associated with delivering you know some of the
guidelines that we need to understand as it relates to the Sunshine Law, serial
communications and those particular things in which this body is governed?
Ms. Yukimura: Well I think in terms of making sure the
technology's ready, I mean you can't physically do it until it's all ready. Serial
communications issue is avoided in this Resolution in my mind because it follows
the Sunshine Law with things that are already clearly public documents that have
already been approved to be placed on the agenda.
Mr. Furfaro: Again I want to focus, not on your legal
interpretation.. .
Ms. Yukimura: Sure.
Mr. Furfaro: But on my statement about making sure we have
an understanding with multiple Departments about training and what should and
should not be scanned and put up and what kind of exposure it might give
individuals if we don't understand the basic rules that govern Sunshine, serial
communications, and so forth...
Ms. Yukimura: Well.
Mr. Furfaro: That's all I'm asking.
Ms. Yukimura: Yeah I can understand your concerns about that
especially if you've been through a... what is that office... Public Information
Investigation and I think that training already has been done in terms of agenda
items because you can't get it on the agenda without that. But in terms of other
kinds of documents, that kind of training is very important.
Mr. Furfaro: Thank you for confirming my concerns that that is
an important piece with some legal advices. Thank you.
Ms. Yukimura: Sure.
Chair Asing: Thank you. Is there anyone else? If not, I'd like to
call the meeting back to order.
There being no one else to speak on this matter, the meeting was called back to
order, and proceeded as follows:
Chair Asing: Do we have further discussion or? Go ahead.
Mr. Kawakami: Thank you Mr. Chair and you know I'm looking
through the Resolution and I'm going to be straight forward and upfront. You know
it makes a lot of sense and I think as a product of generation x and as a father of a
echo boomer and also a father of generation z, I've seen firsthand that internet
access and internet information is no longer viewed as a tool but as a way of life for
some of these youngsters and myself, I mean with the invention of social
networking sites like My Space and Facebook, kids and adults alike no longer need
to meet face to face a lot of times to follow what goes on in one's life. But you know
being sensitive to other people, I can support it but if there's a deferral that's
wanted so that members can ask questions and get their confirmation, I have no
IL MEETING ~ - 37 - ~ Jul 14 2010
COUNC y ,
problem supporting a deferral. But as somebody that uses you know, computer in
my everyday life, you know, my laptop is always by my side, I have a blackberry so
I'm dialed in twenty-four (24) hours a day and it's almost like a leash you know, I
hope my wife doesn't watch that part but... that wasn't aimed at her but you
know... that is... she's going to think that was aimed at her. But in all seriousness
I don't think anybody would disagree that this is a great tool for the community, I
think what's the discussion at hand is to get all members at a level where they feel
comfortable and also the staff because the staff has to implement it, so I'd like to
talk to them, see what's on their plates now and how this would incorporate to their
daily workload. I don't think that should be a deciding factor on whether or not
we're going to move into that direction, I think we've put our money where our
mouth is on this thing, I think we waited four (4) years and like Councilmember
Bynum admitted we're at the cusp of implementing it anyway. If members would
like to defer and I'd like to clarify to the public that a deferral, a support of a
deferral on this matter for myself is not an opposition to the Resolution, it's in
support of the Resolution... it's in support of being collaborative with other
members if they don't feel comfortable supporting it now to ask the questions they
need. So with that being said... I can support a deferral with you know the ultimate
end in mind is that this thing is going to happen anyway.
Chair Asing: Thank you.
Mr. Kawakami: Thank you.
Chair Asing: With that, Councilmember Chang.
Mr. Chang: Thank you very much and thank you very much
Councilmember Bynum for bringing this up. I do believe it's long overdue however,
I would also like to be able to sit down and chat with the staff because at this
particular point... I think you might have used the phrase no big burden... but you
know if we look at our Council Meetings for example today if we end up at six (6) or
eight (8) and you know there's a lot of minutes, there's a lot of meetings and there's
a lot of things that go on with the staff tomorrow for example. Consequently what I
have a little bit concerns with, I believe what a lot of people are realizing is that
furlough Friday is taking a very, very toll not only for our county but the state and I
think in order to get the documents out to the vendors or you know, I don't know
about... doesn't that need to be proofed I mean when it gets on the net, do we then
look to proof to make sure the information we give out is correct. Does it need to be
captioned? I think if it turns out immediately I heard the words there may be gaps
and errors and if there are gaps and errors, right off the bat that then becomes the
truth, that then becomes what I believe that a lot of the community will take as a
yes or a no and I have a little bit of a questions about the gaps and errors. Again I
do believe that it is a huge necessity, I think it's very, very good for the public
however I do believe that we as a Council as well as the staff need to discuss this to
figure out logistically how we can get it out on a timely basis, so that would be my
only reason. No disrespect to any support because I obviously support it but I will
be supporting a deferral. Thank you.
Chair Asing: Thank you. Any? Councilmember Furfaro.
Mr. Furfaro: Yes, thank you. I think both of my colleagues here
on my left and right have indicated our basic support for this. I do want to point out
that I am going to be on the agenda for the Civil Service Commission next week and
it is now... they're posting so my memorandum to them is in your mailbox for you
folks to see as I want to address a couple concerns about performance but more
importantly some items that may really indicate the value of the things that we
need to do for the community and getting information, so I want to make sure first
COUNCIL MEETING ~ - 38 - ~ July 14, 2010
you know I certainly support that, my past record with dealing with... getting the
video streaming going first and foremost is extremely important but I do want to
ask you to look at my correspondence that I sent out to the Civil Service Board and
our current status on furloughs, our manpower here... the vacancies that we have, I
think are items that I wanted to discuss next week and I know Mr. Bynum you
know I support this, I'm just having an experience of not once but twice being
communicated to by OIP that deals with how we communicate internal information.
I'm cautious especially since I've taken that burden on with my own nickel, and not
looked to the county. So you know for everyone to understand, I'm just as anxious
as you after four (4) years to get the video streaming going. I think to broaden what
our postings are, are something that we are committed to but there are some work
issues associated with that as well that I want to have an understanding from the
IT Department as well as the Civil Service and that's where I stand right now, so I
want to make sure that I'm clear.
Chair Asing: Thank you. Councilmember Bynum.
Mr. Bynum: Let me start by saying I'm not going to object to a
deferral. I don't think that it's necessary and that this is a policy statement and
unless we think working out the logistics is something that will preclude us from
doing these things but I'm not going to object to a deferral...
Mr. Furfaro: Thank you.
Mr. Bynum: And I think every question that has been raised,
has been a good one. But I do want to comment that there's been a Committee for
some time to address all of these issues and I've come to understand that our line
staff has not been included in that, I'm a little dismayed by that. Because all of
these questions are logical questions that... logistical questions that need to be
worked out and as I said we were scheduled to go live on this already and so I'm just
surprised that there hasn't been more communication and dialog. But you know I'm
confident that the research I've done again I said earlier this is standard practice
and hundreds of communities and I encourage people to look at the Granicus
website, they have a page that have their clients you can go to these hundreds of
communities and see that each community has implemented somewhat different
than others. I think as I'm sure we will too so I don't object to a deferral but yeah...
I would hope that we would prioritize this and I think there will be upfront oh this
is different, so any time there's difference, there's some learning curve. Eventually
one of the things you'll see on that website is a community the same size as us that
figure they're saving thirty-five thousand dollars ($35,000.00) a year by
implementing these tools and the staff people saying wow we love it since we had
this because we used to have to do this which was very time consuming, now we just
do this...
Mr. Furfaro: Right and I want to thank you for understanding
we're not moving to receive it which would have killed it.
Mr. Bynum: I understand.
Mr. Furfaro: We're moving to defer and I also want to thank you
for acknowledging that fact that whenever you do something different, there is
going to be a period where we communicate good information so people know what's
expected of them.
Chair Asing: Thank you. With that, Councilmember Kawahara.
COUNCIL MEETING • - 39 - • July 14, 2010
Ms. Kawahara: Thank you. I don't know how much of a rah, rah...
I need to do but I think everybody knows that I'm a librarian and an informational
professional and one of the most exciting things being here is being able to have
some kind of effect on how transparent we are and what type of governance we're
giving to our community. This Resolution to me is incredible, it's beautiful too me.
It's an exciting thing... Tim, Councilmember Bynum has been following this thing
since he's been on the Council and I've actually have been able to learn a lot from
him because he's been following it exactly about what's going on with this company
and how this company that we are going to be contract with or contracted to is their
whole existence is to make government transparent. That is our goal and their
mission of their business. I am absolutely positive that all of the concerns that may
have been shared here are all of the concerns that people may have are going to be
successfully addressed because it's been done across the Country. It's been done
with the hundreds of clients that this company has now. This will be a gigantic step
forward and a real accomplishment I think for the county to be able to do this. I am
excited that money has been funded. I am not going to even bother about why it
took from 2006 because I have learned that what you have in front of you is what is
important. And what we're going to have in front of us is a primo, excellent way of
providing service and transparency to all of our community members whether they
need it in paper... it's a way of gathering information you do it on paper, you do it
online... I'd have to say that I'm with Mr. Kawakami and I'm always attached to my
blackberry, it's easier for me to find things on the computer than it is to do on my
desk, important things I'm learning to scan it so that it will be there, I won't have it
in one (1) office and in another office when I need it. I'm just very, very excited
about this Resolution, I'm very excited about the steps that the County is taking
and is going to be making in the next few months and believe that the public will be
really excited about it and very happy with what has been determined to be part of
the service package that the County has purchased and it's just a very, very big step
and there needs to be a recognition that some people may be a little bit worried
about change and doing things different but again all things remain the same if you
want to do it one way and what it does is it expands the area in which we are able to
provide information to the public. I do want to mention one thing that I think is
really, really important in a discussion of government and information. So as an
elected official and a librarian it's doubly important to me. So .this is a great
Resolution, I'll support... what I want to say is this is from James Madison and I've
had it on my blackberry for awhile... a popular government without popular
information or the means of acquiring it is but a prolog to a forest or a tragedy or
perhaps both:.. knowledge will forever govern ignorance and people who mean to
be their own governors must arm themselves with the power knowledge gives, and
that's James Madison. And what I believe we're doing here is a momentous and a
positive step for the county and the County Council.
Chair Asing: Thank you. Before I ask for the motion...
(Audience clapping)
Chair Asing: I'd like to also make a statement. You know video
streaming, we anticipated this and because we anticipated... we funded it. We put
up a hundred a thirty thousand dollars ($130,000.00) for that purpose so what Mr.
Bynum is proposing is what we had planned all along so it's not different, he is not
proposing anything new and different. It was something that we had in the plans
and as soon as we're fully ready to implement that plan, we will do so and that is
what was done previously and that's we're headed for... so with that,
Councilmember Kaneshiro.
Mr. Kaneshiro: Thank you Mr. Chair, before I make a motion for
deferral you know, I wanted to let you know how I feel about this and I support this
COUNCIL MEETING - 40 - • July 14, 2010
in all ways, I do support the Resolution and I know how a internet can be a real tool
for getting more information out there for open government. I'm really... really if
you look at me many of you must say that you know he doesn't look like an internet
kind of person, we see him as a cowboy and as a farmer but you know I've used it
many times to gather real important information that I needed to make decisions on
farm or how to treat animals without even bothering to take the animal to the Vet,
just by getting on the internet. And at the same time the internet will also push
you to another area where you can get some antibodies or some kind of medicine to
be able to treat the animal, so there's no doubt in my mind that I know what Mr.
Bynum's Resolution is trying to do to open up and give public access. I have some
concerns and I will say that some of my colleagues touched on that. I know Mr.
Furfaro talked about some legal issues that he ran into and I you know, I also would
like to request that on the deferral as I make the deferral that we at least get some
time so we can get some County Attorney opinions and to be able to work and get
some communication out to County Attorneys in that regards. The other concern I
had is that we talked about staffing, we talked about furloughs, you know... two (2)
days a month you know we're short and we also are short on personnel, so I do have
some concerns about that. I want to make sure that we have the resources to be
able to do it and when we launch this program, we launch this program you know in
a real successful manner. And I also heard about... Mr. Furfaro talked about
probably about coordinating and working with IT, I think it's important that you
know, we accomplish that and once we get all of those issues resolved I mean... I
can really say that we will be able to send this out to get the best communication
out to the public through this access so there's no doubt about it but there are some
issues that I think we need to resolve first. So in saying so before I make the
motion to defer, I think Mr. Furfaro...
Mr. Furfaro: I just have one more...
Mr. Kaneshiro: Question...
Chair Asing: Go ahead, with that, Councilmember Furfaro.
Mr. Furfaro: Anyway I also just circulated nineteen (19) pages of
information to the Councilmembers regarding the impact of furloughs and I just
wanted to also indicate to you folks that in our budget package the proviso is section
thirty-two (32) that I put in asking for a revised and revisit impact of current
furloughs on staff so that's was just a piece I wanted to add as a... to try to expand
our ability to communicate information.
Chair Asing: Thank you. With that.
Mr. Kaneshiro: Okay so I guess the deferment would be based on
the Clerk's Office or our office working with IT to investigate how we can implement
this program. We'll send some communications out to get County Attorney opinions
and I'm not certain if at this point we want to defer until we have a review of the
furlough plan or are we going to work this out with staff to see you know how to
resolve the staffing issues. So...
Chair Asing: Okay with that...
Mr. Kaneshiro: I would...
Chair Asing: Councilmember Bynum.
Mr. Bynum: I said earlier I'm not going to... I don't have a
problem with the deferral but I would like that deferral to be for two (2) weeks, not
COUNCIL MEETING • - 41 - • July 14, 2010
until December. You .know... this is a... as I mentioned there's Committee
meetings, all of these issues have been discussed. This is standard of practice in
two hundred (200) communities, we.can get... we have IT here today. We... I didn't
think we wanted to take the time to go into all the logistical concerns but in two (2)
weeks I think we can answer all of those and if not we can defer it again but I
would, I would not support a deferral beyond the routine two (2) weeks.
Chair Asing: Councilmembers, you know I would suggest that
we do the deferral until we do the... pending the furlough process that we have set
in the budget for I believe Councilmember Furfaro am I correct the first budget
review...
Mr. Furfaro: (inaudible - mic not on)... in December.
Chair Asing: Thank you, and that would be my suggestion.
Mr. Kaneshiro: With that I'll go ahead and make a motion to
defer...
Mr. Bynum: May I speak again please?
Chair Asing: With that.
Ms. Kawahara: I had my hand up...
Mr. Bynum: May I speak again.
Chair Asing: Hang on... somebody is making a' motion, let's
respect that first and then you will have an opportunity to speak...
Ms. Kawahara: Not if he says defer...
Chair Asing: After the individual has made the motion...
Mr. Bynum: If it's a motion to defer...
Chair Asing: As I recognized him...
Mr. Bynum: If it's a motion to defer, I won't be able to speak.
Mr. Kaneshiro: Well the motion would be to defer as suggested by
the Chair... up to that point.
Chair Asing: Thank you. With that...
Mr. Kaneshiro: I mean if you...
Chair Asing: With that, can I have a second?
Mr. Furfaro: Second.
Chair Asing: All those in favor say "aye". .
Chair Asing, Councilmembers Chang, Furfaro, Kaneshiro, Kawakami: Aye
Mr. Bynum: Those oppose?
COUNCIL MEETING - 42 - • July 14, 2010
Chair Asing:
Those oppose say "no".
Councilmembers Bynum, Kawahara: No.
Upon motion duly made by Mr. Kaneshiro, seconded by Mr. Furfaro, and carried a
vote of 5:2 (Mr. Bynum and Ms. Kawahara voting no), Resolution No. 2010-39 was
deferred pending review of the furlough process.
Chair Asing:
thank you.
Thank you, motion carried. We'll break for lunch,
There being no objections, the Council recessed at 12:48 p.m.
The Council reconvened at 2:03 p.m., and proceeded as follows:
Chair Asing: This Council Meeting is now called back to order.
With that, Mr. Clerk.
Mr. Nakamura: Mr. Chair at this time we've been asked to go to
page six (6) of the Council's agenda for a bill for second reading which is Bill No.
2318, Draft 3.
BILLS FOR SECOND READING:
Bill No. 2318, Draft 3 - A BILL FOR AN ORDINANCE TO AMEND
CHPATER 8, KAUAI COUNTY CODE 1987, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing)
Chair Asing: Councilmember Furfaro.
Mr. Kaneshiro: Mr. Chair if I may? I may recuse myself from this
meeting at this time.
There being no objections, Mr. Kaneshiro was noted as recused from agenda item
Bill No. 2318, Draft 3.
Chair Asing: With that, Councilmember Furfaro.
Mr. Furfaro: Yes Mr. Chair, I'm wondering if we could suspend
the rules for a moment and ask the County Attorney to come up...
Chair Asing: Sure.
Mr. Furfaro: As I many have erred and not sent proposed
amendments for his review and I'm going to ask him i£..
Chair Asing:
Rules are suspended.
There being no objections, the rules were suspended.
Chair Asing:
County Attorney please...
ALFRED B. CASTILLO (COUNTY ATTORNEY): Good afternoon Council Chair,
members of the Council, County Attorney Al Castillo.
Mr. Furfaro: Thank you. Thank you Mr. Chair, thank you Al.
Al, I do anticipate addressing some questions about really about certain building
COUNCIL MEETING • - 43 - ~ July 14, 2010
codes and violations... the introduction and pursuit of those and I have some
confusion as to the role between the CPR, the lot and the association and I erred in
not sending that over to you.
Mr. Castillo: Well I had previously received information that the
Council was intending on introducing amendments to this bill and as the Council
Chair has stated this bill is a very important bill, farm worker housing... and the
Office of the County Attorney, we would like to basically view the... and review the
amendments and to clear it for legality before you know, it hits the floor. I really, I
respect the work of the Council and I humbly request that you request to allow your
legal team to review the amendments.
Mr. Furfaro: Thank you very much and based on your comments
I think it might be appropriate to send a proposed amendment over to the County
Attorney and ask for a deferral until we get a written response.
The meeting was called back to order, and proceeded as follows:
Chair Asing: Yes. What I would suggest first is what
Councilmember Furfaro is attempting to do is to defer the bill because he... there is
some proposed amendments that he wants to introduce, either he or other
Councilmembers want to introduce and those amendments have legal ramifications.
So those amendments will be sent to the County Attorney's Office for his review.
And that is the reason why Councilmember Furfaro is asking for a deferral...
Mr. Furfaro: Thank you Mr. Chair.
Chair Asing: So before we have the motion to defer because on a
motion to defer, there will be no discussion before the vote is taken so before we
make the motion, Councilmembers? Councilmember Bynum.
Mr. Bynum: I... just a procedural question... the correspondence
said the County Attorney with the proposed amendments and questions will be
circulated to all Councilmembers?
Mr. Furfaro: I have no problem with my questions being
circulated to all Councilmembers. I would like to get some advice based on serial
communication in advance to make sure that if there is any reservations on the part
of the County Attorney, he so makes those decisions but it is the intent right now.
Mr: Bynum: Thank you.
Mr. Furfaro: To do that.
Chair Asing: Thank you. With that, thank you very much Al.
I'm going to call the meeting back to order but before I call the meeting back to
order I just want to kind of have a show of hands because you know what we are
going to be doing and... but I don't want to cut you off as an example so I want to
give you an opportunity to speak so can I have a show of hands on, is there anyone
who wants to speak? One (1)? Okay fine, Anne why don't you come up.
Mr. Bynum: Chair?
Chair Asing: Yes go ahead.
Mr. Bynum: May I have a moment please?
COUNCIL MEETING - 44 - • July 14, 2010
Chair Asing: Sure.
Mr. Bynum: I intented to be here throughout the Council
meeting today because farm worker housing is very important but seeing how it
looks we're moving for a deferral I have another matter that is also important and
so I wanted to... just a decision right now that I'm going to not be present for the
rest of the Council Meeting.
Chair Asing: Okay, thank you.
There being no objections, Mr. Bynum was excused from the Council Meeting at
2:10 p.m.
Chair Asing: With that, the rules are suspended, Anne?
There being no objections, the rules were suspended.
Ms. Punohu: Aloha Council, my name is Anne Punohu. And
I'm here to make something extremely clear to everyone in this room. There was a
discussion going on during break and I really need to say something is that I don't
feel there's anybody more qualified in this room to talk about farm worker housing
and the circumstances of individuals who are living in that situation more than
myself. I have been fighting for housing, fairness and equity for people for over a
decade now and I myself have been in this situation myself. However, at this point
in the game, I feel as if the County is reinventing the wheel for no reason. I have
given each and every one of you prior packets, after I testified before on behalf on
my own coalition, the Kauai Fair Housing Coalition, the Federal Laws... the
Federal Laws are there. You do not need to do any of this because the laws
extremely clear. Let me explain how it affects... in my opinion and how I see things
even though I'm not an attorney or I'm not that smart... I'm not stupid either and I
tell you clearly... if the Federal laws says all the way up to Homeland Security that
you cannot have an individual on your property, that is not properly cared for and
provide (inaudible) as far as sanitation goes, especially when dealing with our food
source. That is the violation of the Federal law. It doesn't matter what law you
write, it doesn't matter what you put into that law it is still a violation. If you make
a law that creates a barrier to providing that housing as it applies to the
Federal law, that makes you duplicitous in the event and somebody said... who
should provide the housing, the County or the worker as an employee and I said it's
very clear... if the county provides barriers to dislocating workers then the county
themselves are liable for providing the housing. If however the county does not
place barriers or make dubious laws that interfere with the Federal law, then it is
the employer, the farmer who is required to completely bear the burden. The
problem that I have with this bill is that I contacted the Federal Government on
Hilo...
(3 Minutes)
Ms. Punohu: Can I have one (1) more minute?
Chair Asing: Yes go ahead, finish up.
Ms. Punohu: I contacted Hilo to the Big Island which runs it,
this program. Who clearly told me that they were willing to come here and build
the Federal housing, it could be permanent in an area that was... for everyone to
farms could get to and they could provide the housing and they would build it.
However, if this kind of housing goes through and it's temporary, nobody can apply
COUNCIL MEETING ~ - 45 - ~ July 14, 2010
for any federal funds to provide housing for their farm workers. And I just hope
everybody just keeps that in mind, aloha, mahalo... thank you.
Chair Asing: Thank you. Is there anyone else? Glenn.
Mr. Mickens: Thank you Kaipo. Just a short comment about this
farm worker housing bill. I believe that the twelve (12) safeguards being up in
place to keep farm dwelling abuse from happening is excellent. I think it's... cut
and dry the way that it's put in there. But as past history has shown... enforcement
mechanisms should be in place up front without any enforcement mechanisms that
you can pass all the laws or ordinances you want and nothing is going to happen. I
one hundred percent (100%) support any tax breaks or help we can give our farmer.
On Kauai they deserve anything we can do for them, it's back breaking work and I
certainly envy these people to get out there and bust their rear to do their farming
and stuff. But as the Council has stated, safeguards must be in place to prohibit
abuse from happening and I think that's basically what you're going to do. I
thought... and if I'm wrong you can correct me but I thought Jay was the one, in his
amendment or something had the twelve (12), the twelve (12) things that could
abuse the causing, the farm worker housing. And I think they're great, if they are
enforced as put in there, I don't think there could be any loopholes in there. But
again I'm always concerned of the enforcement mechanism. Thank you Kaipo.
Chair Asing:
Mr. Furfaro:
Chair Asing:
Mr. Furfaro:
conditions are eleven (11).
Mr. Mickens:
Mr. Furfaro:
Mr. Mickens:
Ah...
Glenn.
Hold on... Councilmember Furfaro.
Thank you Mr. Chair. Thank you and those
Oh eleven (11) okay.
I'm proposing a twelfth (12th).
Okay.
Mr. Furfaro: And therefore I think on the previous item that was
before this Council, you can also see I'm a man of caution and therefore I'm asking
for a deferral to get comments from the County Attorney.
Mr. Mickens: Good, I appreciate it Jay. Thank you.
Chair Asing: Is there anyone else? If not, I'd call the meeting
back to order.
There being no one else to speak on this matter, the meeting was called back to
order, and proceeded as follows:
Chair Asing: Councilmember Furfaro.
Mr. Furfaro: Yes. For the reason stated, I would like to ask for a
two (2) week deferral, if I could get a second?
Mr. Kawakami: Discussion real fast, before the second.
Chair Asing: Yes, go ahead.
COUNCIL MEETING - 46 - ~ July 14, 2010
Ms. Kawahara: Discussion.
Mr. Kawakami: So the amendment is not formally introduced so we
cannot talk about the amendment?
Mr. Furfaro:
Mr. Kawakami:
Chair Aeing:
Mr. Kawakami:
Chair Asing:
Councilmember Kawahara.
That's correct.
That's correct? Okay.
Thank you.
Um.
Ah... with that?
Oh I'm sorry, go ahead.
Ms. Kawahara: Thank you. I just wanted to thank the farmers
that are here today and apologize if we're delaying and deferring this. I don't think
it is any show of an intent to delay at all but I am seeing you here and I know how
difficult it is to take off days and times to be here. I'm hoping that we'll be able to
get whatever is necessary addressed so that we can do this as soon as possible. I
really feel for you because I know how hard you work and the effort you make to get
here, to be here to help with the bill. So I just wanted to recognize you for being
here.
Chair Asing: Thank you. Councilmember Kawakami.
Mr. Kawakami: You know, I feel compelled to clarify one thing. I
think Vice Chair's request for deferral just to be absolutely clear was... in essence
his leadership in reaching out to me after I had a change of heart in supporting this
bill and he sat down with me and asked me what some of my concerns were. So this
twelfth (12th) amendment that's coming out is on his part reaching out to me to try
to address these concerns. Now the amendment is not with the intention to try to
hurt the farmers but if it does come back that this amendment could hurt you guys,
I think you guys would be in exact agreement that a deferral is needed. If it's to
help tighten up against abuse, then that's what the intent of this amendment is for.
So I just wanted to be clear that if anybody is frustrated at Vice Chair because of
the deferral, it actually comes from him reaching out and seeing what my concerns
were and trying to address that all in the same sense at the same token as to not
adversely impact the goals of this bill in the first place.
Chair Asing: Thank you. Any further discussion?
Mr. Furfaro: Thank you Mr. Kawakami, thank you.
Chair Asing: Councilmember Kawahara.
Ms. Kawahara: I just wanted to clarify, I concur with
Councilmember Kawakami that that what we're saying here is leadership of Vice
Chair. I didn't... there's no intention to say anything else if that was what was
understood that was a misunderstanding. I appreciate the Vice Chair very much
and he has strong leadership. Thank you.
Mr. Furfaro:
Thank you.
Chair Asing: Okay.
COUNCIL MEETING ~ - 47 - • July 14, 2010
Mr. Furfaro: So do we have a deferral on the table?
Chair Asing: Ah yes...
Mr. Nakamura: We have a...
Chair Asing: Ah yes, hang on... you know I...
(inaudible.)
Chair Asing: Yes go ahead, come up.
There being no objections, the rules were suspended.
LINDA NEWMAN: My name is Linda Newman and I have one (1)
thing to say. It is not the farmers who are creating the abuse so please don't think
that the farmers are the one that's creating the abuse. The farmers are farming. It
is those who have been allowed before us to build farm dwellings on agricultural
land that is committing the abuse, not the farmers farming the land. So I would
like the abuse issue... I feel like the fingers are being pointed, it is not the farmers
that are being abuse, I just wanted to say that because I feel that is every time we
come to a meeting, it's about abuse and I appreciate your guidelines and we all
want to follow the guidelines but the farmers are not abusing, they're working. And
that's all I have to say.
Chair Asing: Thank you.
Mr. Kawakami: Can I say something?
Chair Asing: Go ahead.
Mr. Kawakami: And if there's any glimpsE of any, I guess feeling
that that we're saying that the farmers are the ones abusing... that's absolutely not
our intent. I think the amendment and I said it clearly or maybe not so clearly is
the intent behind this amendment is and the deferral is to make sure that it does
not adversely impact those that we're trying to help, which is the farmers. We're
trying to help the farmers. And if this amendment is going to adversely impact
your opportunity, we want to, we want to, you know an expert opinion on the impact
of that decision. So it's not to say that the farmers are abusing but it's to stop the
abuse from whoever is abusing. You know what I mean? We're not pointing fingers
but if it's happening, this is another parameter that's set up, so that's all.
Chair Asing: Thank you. The rules are suspended, come up
(inaudible).
Mr. Furfaro: May I...
Chair Asing: .Yes go ahead.
Mr. Furfaro: Thank Mr. Kawakami for his response. I do not
have anything to add to that, I know I had my hand up... but thank you Mr.
Kawakami.
ROY OYAMA: Thank you very much for allowing extra speaking
time. Anyway Roy Oyama, Kauai Farm Bureau. I understand what Linda
Newman is talking about but actually from our view of agriculture, we are talking
COUNCIL MEETING - 48 - ~ July 14, 2010
about abuse of agricultural land which means when the agricultural land had this
priorities of what we're trying to pass, it's abused by people who's coming on the Ag
land without agricultural use and violate what is... for protection of the farmers and
that's what the Farm Bureau point is. We do not want to abuse and I have to say
the truth but Real Estate people, I'm not against them, they're my friends too but
we cannot have them abuse it by taking Ag land, making some money not moving it
for a higher use of land, yet making it qualify as an agriculture use with
agricultural tax base. I believe anytime they want lands of agriculture to be used
other than Ag, they should move up their request for an upgrade of classification.
And then that way they would be an equal partner of everyone, paying their normal
tax base, that's all I wanted to clarify.
Chair Asing: Thank you.
Mr. Oyama: Thank you.
Chair Asing: With that, I'd like to call the meeting back to order.
There being no one else to speak on this matter, the meeting was called back to
order, and proceeded as follows:
Chair Asing: We have a motion and a second.
Mr. Furfaro: Yes, yes... we have a...
Mr. Nakamura: We have a...
Mr. Furfaro: We have a motion, I don't know if we have a
second.
Mr. Nakamura: We don't have a second.
Chair Asing: I'm not sure...
Mr. Furfaro: Again I want to ask for a deferral to make sure we
have this absolutely right.
Chair Asing: Can I have a second?
Mr. Kawakami: Second.
Chair Asing: Thank you. All those in favor say "aye."
Councilmembers: Aye.
Mr. Furfaro moved to defer Bill No. 2318, Draft 3, seconded by Mr. Kawakami, and
unanimously carried. .
Chair Asing: Motion carried. Next item please.
Mr. Nakamura: Mr. Chair, we're...
Mr. Furfaro: That deferral... excuse me, will be for two (2) weeks
and I hope to get a response from the County Attorney's Office, thank you.
Chair Asing: Thank you.
COUNCIL MEETING • - 49 - • July 14, 2010
Mr. Nakamura: Mr. Chair we're back on page six (6), page six (6) of
the Council's agenda on Resolutions. First Resolution is Resolution No. 2010-40.
Mr. Kaneshiro was noted present in the meeting.
Resolution No. 2010-40, RESOLUTION AMENDING
RESOLUTION 2002-25, Draft 1, ESTABLISHING MAXIMUM SPEED LIMITS
ALONG ALA KINOIKI, KOLOA DISTRICT, KAUAI, HAWAII: Mr. Chang moved
to adopt Resolution No. 2010-40, seconded by Mr. Furfaro, and carried by the
following vote:
FOR ADOPTION: Chang, Furfaro, Kaneshiro, Kawahara
Kawakami, Asing TOTAL - 6,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING Bynum TOTAL - 1.
Chair Asing: Next item please.
Mr. Nakamura: Next... last Resolution for approval is Resolution
No. 2010-41.
Resolution No. 2010-41, RESOLUTION ESTABLISHING YIELD SIGNS
AND YIELD LINES AT ALA KINOIKI, KOLOA DISTRICT, COUNTY OF KAUAI:
Mr. Furfaro moved to adopt Resolution No. 2010-41, seconded by Mr. Chang, and
carried by the following vote:
FOR ADOPTION: Chang, Furfaro, Kaneshiro, Kawahara
Kawakami, Asing TOTAL - 6,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING Bynum TOTAL - 1.
Chair Asing: Thank you motion carried. Next item please.
Mr. Nakamura: Next matters are bills for first reading. First bill
for first reading is proposed draft Bill No. 2366.
BILL FOR FIRST READING:
Proposed Draft Bill No. 2366 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO VISITOR
DESTINATION AREA DESIGNATION FOR WAIPOULI, KAPA`A, KAUAI,
HAWAII: Mr. Furfaro moved for passage of Proposed Draft Bill No. 2366 on first
reading, that it be ordered to print, that a public hearing thereon be scheduled for
August 25, 2010, and that it thereafter be referred to the Planning Committee,
seconded by Mr. Kaneshiro.
Chair Asing: Any discussion? Roll call please.
The motion for passage on first reading was then put, and carried by the following
vote:
FOR PASSAGE: Chang, Furfaro, Kaneshiro, Kawahara
Kawakami, Asing TOTAL - 6,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & VOTING: Bynum TOTAL - 1.
Chair Asing: Motion carried. Next item please.
COUNCIL MEETING. - 50 - ~ July 14, 2010
Mr. Nakamura: Next bill for first reading is proposed Draft Bill No.
2367.
Proposed Draft Bill No. 2367 - A BILL FOR AN ORDINANCE AMENDING
SECTION 21-9.1, AND SECTION 21-9.3 OF THE KAUAI COUNTY CODE 1987,
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT: Mr. Furfaro
moved for passage of Proposed Draft Bill No. 2367 on first reading, that it
be ordered to print, that a public hearing thereon be scheduled for August 11, 2010,
and .that it thereafter be referred to the Public Works & Elderly Affairs
Committee, seconded by Mr. Kaneshiro.
Chair Asing: Any discussion? Roll call please.
The motion for passage on first reading was then put, and carried by the following
vote:
FOR PASSAGE:
AGAINST PASSAGE:
EXCUSED & VOTING:
Chair Asing:
Mr. Nakamura:
2368.
Chang, Furfaro, Kaneshiro, Kawahara
Kawakami, Asing TOTAL - 6,
None TOTAL - 0,
Bynum TOTAL - 1.
Motion carried. Next item please.
Last bill for first reading is Proposed Draft Bill No.
Proposed Draft Bill No. 2368 - A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2010-705, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS
AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND: Mr. Chang
moved for passage of Proposed Draft Bill No. 2368 on first reading, that it
be ordered to print, that a public hearing thereon be scheduled for August 11, 2010,
and that it thereafter be referred to the Budget & Finance Committee,
seconded by Mr. Kaneshiro.
Chair Asing: Any discussion? Roll call please.
The motion for passage on first reading was then put, and carried by the following
vote:
FOR PASSAGE: Chang, Furfaro, Kaneshiro, Kawahara
Kawakami, Asing TOTAL - 6,
AGAINST PASSAGE: None TOTAL- 0,
EXCUSED & VOTING: Bynum TOTAL - 1.
Chair Asing: With that, can we have the County Attorney up
please?
There being no objections, that rules were suspended.
Mr. Castillo: Council Chair, Councilmembers, County Attorney
Al Castillo, good afternoon. On ES-453 and ES-454.
EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §92-7(a), the
Council may, when deemed necessary, hold an executive session on any agenda
COUNCIL MEETING - 51 - July 14, 2010
item without written public notice if the executive session was not anticipated in
advance. Any such executive session shall be held ,pursuant to H.R.S. §92-4 and
shall be limited to those items described in H.R.S. §92-5(a). (Confidential reports on
file in the County Attorney's Office and/or the County Clerk's Office. Discussions
held in Executive Session are closed to the public.)
ES-453 Pursuant to Haw. Rev. Stat. sections 92-4 and 92-5(a)(4), and Kauai
County Charter section 3.07(E), the Office of the County Attorney
requests an executive session with the Council, to provide Council with
a briefing and request authority for a possible settlement proposal in a
claim filed by Richard and Melva Arakaki and related matters. This
briefing and consultation involves consideration of the powers, duties,
privileges, immunities and/or liabilities of the Council and the County
as they relate to this agenda item.
ES-454 Pursuant to Haw. Rev. Stat. sections 92-4, 92-5(a)(4) and (8), and Kauai
County Charter section 3.07(E), the Office of the County Attorney
requests an executive session with the Council to provide a legal briefing
regarding constitutional property rights and their relation to the
proposed amendments to Bill No. 2364. This briefing and consultation
involves the consideration of the powers, duties, privileges, immunities
and /or liabilities of the Council and the County as they relate to this
agenda item.
The meeting was called back to order, and proceeded as follows:
Mr. Furfaro moved to convene in Executive Session at 2:27 p.m, as recommended by
the County Attorney, seconded by Mr. Chang, and unanimously carried.
There being no objections, the meeting was in recess at 2:27 p.m.
ADJOURNMENT.
The meeting was called back to order at 3:43 p.m., and there being no further
business, the meeting was adjourned.
Respectfully submitted,
~ ~~
PETER A. NAKAMURA
County Clerk
/ds