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COUNCIL MEETING
October 13, 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, October 13, 2010 at 9:09 a.m., after which the following
members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
Chair Asing: Can we have the first item please?
Mr. Nakamura: First item is the approval of the agenda.
APPROVAL OF AGENDA:
Mr. Bynum moved for approval of the agenda as circulated, seconded by
Mr. Furfaro, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter is approval of the minutes of the
following meeting of the Council.
MINUTES of the following meetings of the Council:
Council Meeting of September 29, 2010
Mr. Furfaro moved for approval of the minutes as circulated, seconded by
Mr. Bynum, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter on page one (1) of the Council's agenda
are communications for receipt on page one (1) communication C 2010-261, C 2010-
262, C 2010-263 and C 2010-264.
COMMUNICATIONS:
C 2010-261 Communication (09/30/2010) from the Assistant Chief
Procurement Officer, Department of Finance, transmitting for Council information,
the FY 10/11 First Quarter Statement of Equipment Purchases. Mr. Chang moved
COUNCIL MEETING. - 2 - .October 13, 2010
to receive C 2010-261 for the record, seconded by Mr. Furfaro, and unanimously
carried.
C 2010-262 Communication (08/31/2010) from the Chief, Engineering
Division, Department of Public Works, transmitting for Council consideration, a
resolution establishing stop signs and stop lines within the Konohiki .Estates
Subdivision, Koloa District. Mr. Chang moved to receive C 2010-262 for the record,
seconded by Mr. Furfaro, and unanimously carried.
C 2010-263 Communication (09/23/2010) from Councilmember Kawakami,
providing written disclosure on the record of a possible conflict of interest and
recusal on ES-469 relating to Ordinance No. 885 (plastic bag prohibition) posted on
the September 29, 2010 Council Meeting Agenda, because of his employment
position and family involvement in a retail establishment. Mr. Chang moved to
receive C 2010-263 for the record, seconded by Mr. Furfaro, and unanimously
carried.
C 2010-264 Communication (09/28/2010) from Councilmember Kaneshiro,
providing written disclosure on the record of a possible conflict of interest and
recusal on Bill No. 2380 (relating to amendments to the subdivision ordinance)
posted on the September 29, 2010 Council Meeting Agenda, because he owns
property that is currently undergoing consolidation and resubdivision. Mr. Chang
moved to receive C 2010-264 for the record, seconded by Mr. Furfaro, and
unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter on page two (2) of the Council's
agenda are communication for receipt, communication C 2010-265, C 2010-266, C
2010-267, C 2010-268 and C 2010-269.
C 2010-265 Communication (09/28/2010) from the Director of Finance,
transmitting for Council consideration, an amendment to Ordinance No. B-2010-
705, relating to the FY 2010-2011 Operating Budget, by revising the surplus and
appropriations estimated in the Liquor Fund, by appropriating $450,000.00 for
Claims and Judgments/General Liability (see Proposed Draft Bill (No. 2381)).
Mr. Chang moved to receive C 2010-265 for the record, seconded by Mr. Bynum, and
unanimously carried.
C 2010-266 Communication (09/30/2010) from the Director of Finance,
transmitting for Council consideration, an amendment to Ordinance No. B-2010-
705, relating to the FY 2010-2011 Operating Budget, by revising the surplus and
appropriations estimated in the General Fund, by appropriating $79,555.00 for the
Career Criminal Prosecution Program in the Prosecuting Attorney's Office. (see
Proposed Draft Bill (No. 2382)). Mr. Chang moved to receive C 2010-266 for the
record, seconded by Mr. Bynum, and unanimously carried.
COUNCIL MEETING • - 3 - October 13, 2010
C 2010-267 Communication (10/06/2010) from Councilmember Kawakami,
providing written disclosure on the record of a possible conflict of interest on
PWE 2010-5 and ES-470 (relating to plastic bag reduction) on the October 6, 2010,
Public Works/Elderly Affairs Committee Agenda, for reasons stated therein.
Mr. Chang moved to receive C 2010-267 for the record, seconded by Mr. Bynum, and
unanimously carried.
C 2010-268 Communication (09/25/2010) from the County Engineer,
transmitting for Council consideration, an amendment to Ordinance
No. B-2010-705, relating to the FY 2010-2011 Operating Budget, by revising the
surplus and appropriations estimated in the General Fund, by appropriating
$57,300.00 to the Solid Waste Fund for modifications to the Real Property Tax
collection software, training support, IP phone, file cabinets, computer with
peripherals, and workstation/furniture to support the Solid Waste Residential
Collection program. (see Proposed Draft Bill (No. 2383). Mr. Chang moved to
receive C 2010-268 for the record, seconded by Mr. Bynum, and unanimously
carried.
C 2010-269 Communication (10/05/2010) from the Chief, Engineering
Division, Department of Public Works, transmitting for Council consideration,
amendments to Resolution No. 4 (1988) to eliminate an existing bus stop at 317
Molo Street and relocate it to 257 Molo Street, for health and safety reasons. (see
Resolution No. 2010-53). Mr. Chang moved to receive C 2010-269 for the record,
seconded by Mr. Bynum, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter on page two (2) of the Council's
agenda is a matter for approval, communication C 2010-270.
C 2010-270 Communication (09/09/2010) from the Chief, Building Division,
Department of Public Works, requesting Council approval to apply for, receive, and
spend KIUC grant funds in the amount of $26,000.00 for installing glass tint on the
Mo`ikeha Building windows and doors to effectively reduce solar heat absorption
and thus reducing energy costs for air conditioning, and which amount will
subsidize the required 25% County match for the FEMA Hazard Mitigation Grant
Program: Mr. Chang moved to approve C 2010-270, seconded by Mr. Kaneshiro.
Chair Asing: Any discussion?
Mr. Furfaro: Yes Mr. Chair.
Chair Asing: Yes.
Mr. Furfaro: I would like to point out to the
Administration that I certainly encourage all that they are doing here to effectively
reduce consumption of electricity through all of our Administration buildings. But
COUNCIL MEETING. - 4 - .October 13, 2010
this twenty-six thousand (26,000) is a portion of a hundred and six thousand dollar
($106,000.00) project and I would like to see what is referred to as an ROI or a
return on our investment. As we go forward on these types of projects, I'd like to
see some kind of estimate on the return on the actual investment itself.
Chair Asing: Thank you. With that, why don't we send a
communication to that effect?
Mr. Furfaro: Thank you very much.
Chair Asing: So we'll approve the item but send the
communication.
Mr. Furfaro: Yes.
Chair Asing: Of your concern so that we can receive some
information from them. Thank you, with that the motion is to approve, there is a
second... any further discussion? If not, all those in favor say "aye".
Councilmembers: Aye.
Chair Asing: Oppose say "no". Motion carried. Next item
please.
The motion to approve C 2010-270 was then put, and unanimously carried.
Mr. Nakamura: Next matter for approval on page two (2) of
the Council's agenda is communication C 2010-271.
C 2010-271 Communication (09/20/2010) from Beth Tokioka, Office of the
Mayor, requesting Council approval to contract with and indemnify the State of
Hawaii, Department of Health, for the Agency on Elderly Affairs, the Housing
Agency, and the Office of Economic Development to provide services detailed in the
County's scope of work pursuant to U.S. Department of Health and Human Services
Grant Award (ARRA of 2009) for the Communities Putting Prevention to Work
(CPPW) program, with overall coordination and grant reporting provided by the
Department of Finance and the Office of the Mayor: Mr. Chang moved to approve C
2010-271, seconded by Mr. Kaneshiro.
Chair Asing: Any discussion? Yes Councilmember
Bynum.
Mr. Bynum: Mr. Chair, I just want to recognize the
Department of Health and the coalition of people that includes Get-Fit Kauai and
Kauai Path and others who applied for this Federal Grant to put prevention to
work and part of it applies to the counties of Kauai and Maui, funding various
activities about health and wellness and a built environment. The county will be
COUNCIL MEETING • - 5 - .October 13, 2010
recipient of some of these funds that I understand, for our Elderly Affairs fitness
programs and perhaps others. I don't know all the details but this was a
community initiative that is going to benefit the county for several years to come.
And I just want to recognize the Department of Health for their initiative.
Chair Asing:
Mr. Bynum:
Chair Asing:
favor say "aye".
Councilmembers:
Chair Asing:
please.
Thank you.
Thank you.
Any further discussion? If not, all those in
Aye.
Oppose say "no". Motion carried. Next item
The motion to approve C 2010-271 was then put, and unanimously carried.
Mr. Nakamura: Next matter on page three (3) of the
Council's agenda for approval is communication C 2010-272.
C 2010-272 Communication (09/29/2010) from the Prosecuting Attorney,
requesting Council approval to expend $1,340.63 from the State Asset Forfeiture
Funds to purchase three (3) new bookcases for new attorneys. Mr. Furfaro moved to
approve C 2010-272, seconded by Mr. Bynum, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter for approval is communication
C 2010-273.
C 2010-273 Communication (09/29/2010) from the Executive on
Transportation, requesting Council approval to apply for, receive, indemnify and
expend FY 2010 Federal Transit Administration Section 5310 grant funds
of $136,000.00 to purchase one (1) wheelchair accessible passenger bus for the
County Transportation Agency. Mr. Furfaro moved to approve C 2010-273,
seconded by Mr. Kaneshiro, and unanimously carried.
Chair Asing:
Next item please.
Mr. Nakamura: Next communication for approval is
communication C 2010-274.
C 2010-274 Communication (09/30/2010) from the Director of Parks and
Recreation, requesting Council approval to expend $10,000.00 from the Parks
Special Project Account to purchase Mobi-mats, which will be configured at County
COUNCIL MEETING • - 6 - .October 13, 2010
parks to provide access at public events from the ADA parking areas to the
facility's seating areas and further for persons in wheelchairs, disabled,
elderly and with special needs. Mr. Chang moved to approve C 2010-274, seconded
by Mr. Kaneshiro, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter for approval is communication
C 2010-275.
C 2010-275 Communication (09/30/2010) from the Fire Chief, requesting
Council approval to expend $38,199.88 from the Ha`ena Beach Park (Ke`e Beach)
Grant funds to purchase one (1) 2010 FX High output Rescue Jet Ski, one (1) 2010
Galvanized Trailer, one (1) 2010 500cc ATV, one (1) Aluminum ATV Trailer, one (1)
Aluminum Beach Cart (jet ski), and associated shipping cost for the Ke`e Beach
Tower. Mr. Furfaro moved to approve C 2010-275, seconded by Mr. Chang, and
unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter for approval is communication C
2010-276.
C 2010-276 Communication (09/30/2010) from the Executive on
Transportation, requesting Council approval to apply for, receive, indemnify, and
expend FY 2010 Federal Transit Administration 5309 State of Good Repair Grant
in the amount of $925,000.00 to purchase buses for the County Transportation
Agency: Mr. Furfaro moved to approve C 2010-276, seconded by Mr. Bynum.
Chair Asing: Any discussion? Yes.
Mr. Bynum: Mr. Chair, I just want to note that this and a
previous agenda item... receiving Federal funds for a purchase for bus and
paratransit equipment is very welcome as we expand our public transportation and
I wondered if we could send a communication to the Administration about whether
they're ready to give us a preliminary reports on our Hybrid bus that I've seen out,
if they have any information to share with us regarding how that's going. So I'd like
to make that request.
Chair Asing: I think maybe we need to expand that a little
bit and get more information on their total bus fleet, what they really look like now
with these additional buses so I agree with you, and maybe we can you expand that
so we'll get a full report of their buses.
Mr. Bynum: Yeah, good idea.
Chair Asing: Thank you.
COUNCIL MEETING • - 7 - .October 13, 2010
Mr. Furfaro: Thank you Chairman and I do also want to
say that in that inventory selection, if we could have them date and age the
equipment for a seven (7) year period which is our normal replacement cost.
Chair Asing: Thank you. Any further discussion? All
those in favor say "aye".
Councilmembers:
Aye.
Chair Asing: Oppose say "no". Motion carried. Next
item please.
The motion to approve C 2010-276 was then put, and unanimously carried.
Mr. Nakamura:
C 2010-277.
Next matter for approval is communication
C 2010-277 Communication (09/30/2010) from the Housing Director,
requesting Council approval to decline repurchase of Unit No. 501, Hookena at
Puhi, and issue the owners aone-year waiver of the County's repurchase right
effective the date of the Council's action, which allows the owner to sell the unit on
the open market for aone-year period. Mr. Chang moved to approved C 2010-277,
seconded by Mr. Furfaro, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter for approval on the bottom of
page three (3) is communication C 2010-278.
C 2010-278 Communication (10/05/2010) from the Prosecuting Attorney,
requesting Council approval to expend $2,500.00 from the State Asset Forfeiture
Funds to purchase a desk with a return, credenza, and file cabinets for the
Prosecuting Attorney's Office. Mr. Furfaro moved to approve C 2010-278, seconded
by Mr. Chang, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter is communication, at the top of
page four (4) is communication C 2010-279.
C 2010-279 Communication (09/30/2010) from the Director of Parks and
Recreation, requesting Council approval to expend $90,000.00 from the Parks
Special Project Account to purchase bleachers for the Kalawai and Koloa Parks.
Mr. Furfaro moved to approve C 2010-279, seconded by Mr. Chang, and
unanimously carried.
COUNCIL MEETING • - 8 - .October 13, 2010
Chair Asing: Next item please.
Mr. Nakamura: Next matter on page four (4) of the Council's
agenda for approval is communication C 2010-280.
C 2010-280 Communication (09/29/2010) from HSAC President Kawakami,
transmitting for Council approval for inclusion in the 2011 Hawaii State
Association of Counties (HSAC) Legislative Package, proposals approved by its
Executive Commit tee as follows:
a) Proposed Bill for an Act Relating to the Penal Code (replica
guns) (Honolulu proposal)
b) Proposed Bill for an Act Relating to Nomination Papers (Maui
proposal)
c) Proposed Bill for an Act Relating to Aquarium Aquatic Life
(Maui proposal)
d) Proposed Bill for an Act Relating to the EUTF Board of Trustees
(Kaua i proposal)
e) Proposed .Bill for an Act Relating to the ERS Board of Trustees
(Kaua i proposal)
f) Proposed Bill for an Act Relating to the Penal Code (assault
against firefighters and water safety officers) (Kaua i proposal)
g) Proposed Bill for an Act Relating to Counties (appointment of
county liquor administrators) (Kaua`i proposal)
h) Proposed Bill for an Act Relating to Counties (appointment of
county personnel directors of neighbor island counties) (Kaua`i
proposal)
i) Proposed Bill for an Act Relating to Housing (HSAC proposal)
Chair Asing: What I'd like to do is turn it over to
Councilmember Kawakami to explain all of these proposals. As I understand it
some of these proposals are new and some are carried over from the last session.
With that, Councilmember Kawakami.
Mr. Kawakami: Thank you Mr. Chairman and exactly
correct. We've seen a lot of these before. A couple of them are new proposals, so at
this point Councilmembers, I'll go down the line one (1) by one (1) and if you have
any questions at any time, please feel free to make your questions known and we
can attempt to address them. But previous to getting started I passed out, we had
staff pass out a summary to make it a little easier to understand, you know the
who, what, where, when and why of each proposal. So first off we've seen this
before, this came from City and County of Honolulu and it's a proposed bill for an
Act relating to the Penal Code as far as replica guns are concerned and in some
communities, mostly in Oahu, what's been happening is people have been taking
replica guns, and by requirement they have the orange tips on them, but they've
been taking the orange tips off and it looks like a real gun and they've been using it
in some crimes. And so what this does is it increases the penalties to protect not
COUNCIL MEETING • - 9 - .October 13, 2010
only our law enforcement officers but for our community as well. So are there any
questions on this proposal? Seeing none, moving forward.
This is a new one (1), it's a proposed bill for an act relating to nomination
papers. This came from Maui County and all that this does is it requires a
candidate for county office to have a sworn certificate that a candidate is in
compliance with all County Charter and ordinances mostly yeah... financial
disclosures. And for counties like Maui, the Big Island, and City and County of
Honolulu that have, that run by districts, it requires them yeah, to prove residency
in that district. Is there any questions on this proposal?
Mr. Bynum: Currently the Maui Charter requires that
residency in district or?
Mr. Kawakami: Yes.
Mr. Bynum: Okay, thank you.
Mr. Kawakami: Moving forward, this is also another one and
this is proposed by Maui County and it's a proposed bill for an act relating to
aquarium aquatic life. Now the reason behind this is City and County of Honolulu,
County of Maui, and the County of Big Island have been running into some serious
problem, not so much on Kauai, (I'm not sure if there's an industry as far as
aquarium aquatic life collecting), and this is basically when you have people going
out to the reef system and they're unregulated and they're taking the aquarium
fish. And eighty-two percent (82%) of that aquarium fish is being exported to the
mainland, and what's happening is that it's throwing off our whole eco system, and
it poses a problem to fishermen because it really throws off the food chain, and the
fish that fishermen want to catch, are slowly dwindling because they don't have any
food because these aquarium collectors are collecting these fish. What this does is
basically directs DLNR to come up with a white list of non-endemic species that
would be allowed for collectors to be collected, but what it would do is create... it
would also tell DLNR to look at the averages between 2005 and 2007 and set a cap
as to how much fish can be taken off the reefs. This one went to the Legislature and
they... it previously had died and Maui is attempting to revive it. And in the big
scope of things, this would be positive for our fishing industry, for our local
fishermen because it would regulate. Like I said before, this is a problem that
Maui, Honolulu, and the Big Island is facing; as far as Kauai, I'm not sure if we
have an industry, but it's good to address it before we start seeing some of those,
some of the exodus, yeah, that might be coming this way. Any questions on this
one? Yes.
Mr. Bynum: And I think you described it really well, but
just to be really clear that the fish that potentially might be regulated for collection
are not the fish that fishermen are fishing for?
Mr. Kawakami: No, these are like...
COUNCIL MEETING • - 10 - ~ctober 13, 2010
Mr. Bynum:
Mr. Kawakami:
humuhumunukunukuapuaa.
Mr. Bynum:
They're the food.
Yeah.
This is like
Yeah.
Mr. Kawakami: Endemic species. I don't know anybody... I
don't know, I never ate it. But you know, it's all the native species, the ornamental
fish that people don't generally eat.
Mr. Bynum:
Right, thank you.
Mr. Kawakami: Any questions? Okay moving forward, the
next proposal, EUTF, any questions on that? Okay.
Moving forward on ERS, no questions? Next proposal. We've discussed it,
this is a new one from Kauai and it's a proposed bill for an act relating to the penal
code as far as protecting fire fighters and water safety officers, it brings them into
the same category as law enforcement officers as far as any assault to them while
they're in the line of duty. Any questions?
Moving forward, proposed bill for an act relating to counties as far as the
appointment of county liquor administrator's. We've discussed this previously. All
this does is, is it does not change anything. What it does is it gives the county
homerule authority so that if we deem either by the Charter Commission or by the
Council by Resolution or if our voters feel there's a need for change, they can go in
and petition. It allows the counties to have the latitude, the homerule authority, to
discuss and decide the appointment of the County Liquor administrators. Do you
have any questions on this? Seeing none, moving forward. County Personnel
Directors, it's the same process as the last one. So if anyone has questions on this?
Seeing none. Proposed bill for an act relating to housing, this was a HSAC proposal
previously. What this does is for any State sponsored affordable housing project, it
extends the amount of time for review from forty-five (45) days to sixty (60) days.
Now we haven't seen... the way it works is if there's a State sponsored affordable
housing project, State sponsored, what it does is it comes to the Council. It doesn't
go to the Planning Department or the Planning Commission, from what I
understand and Kauai hasn't seen a project like this, I believe, since the 80s, but
Maui has been faced with this and they have deemed that forty-five (45) days is not
long enough for them to really review the project. Because these State sponsored
affordable housing projects they are exempt from a lot of our rules, so it goes
straight to the Council. The Council on Maui said forty-five (45) days are not long
enough, they're asking for an additional fifteen (15) days, from forty-five (45) to
sixty (60). Any questions on this? Okay and that brings us to the end of that and I
just want to give you a heads up that there is going to be a Resolution introduced as
the Legislative session goes on as far as preserving our TAT, but a bill was not
COUNCIL MEETING • - 11 - .October 13, 2010
required and so you don't see it in the package, but it will be coming up as a
Resolution and Resolutions can be introduced any time during the Legislation
session, so that will be coming up. That concludes the proposed HSAC Leg Package.
Chair Asing: Thank you. Before I entertain discussion by
Councilmembers, let me open it up to the public first. Is there anyone in the public
who wants to speak on these items?
There being no objections, the rules were suspended.
There being no one 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
is there further discussion Councilmembers? Councilmember Furfaro.
Mr. Furfaro: Yes, first of all I do want to thank
Councilmember Kawakami as President of the Hawaii State Association of
Counties for this, I'm going to say, preemptive strike as it relates to making certain
that we have good agenda items resulting in performance issues affecting the
county in front of the Legislature. I also do want to say that item (c) is going to be a
very tricky one as we look at enforcement across Parks and Ocean Recreation areas
and certainly will come with some additional needs for staffing. I think you know it
is certainly an opportunity for us to look at expanding the possible inspection force
that we have incorporating some of these controls we would want to put on the
marine life that is so important to our reefs and shoreline. So thank you again
Mr. Kawakami, I'll be supporting the entire package. Thank you.
Chair Asing: Any further discussion Councilmembers? If
not...
Mr. Chang: Yes I have one.
Chair Asing: Yes Councilmember Chang.
Mr. Chang: Councilmember Kawakami, item number (i)
the proposed bill for an act relating to Housing, from forty-five (45) days to sixty
(60) days, are those sixty (60) days considered sixty (60) working days or sixty (60)
calendar days?
Mr. Kawakami: I'm not sure, do you want to take a recess, I
can go clarify that?
Mr. Chang: Yes, okay.
Mr. Kawakami: Okay.
COUNCIL MEETING. - 12 - .October 13, 2010
Chair Asing: We'll take a short recess.
There being no objections, the Council recessed at 9:32 a.m.
The Council reconvened at 9:36 a.m., and proceeded as follows:
Chair Asing: Meeting is now called back to order. With
that Councilmember Kawakami.
Mr. Kawakami: Okay thank you Chair and in response to
Councilmember Chang's question as to if the forty-five (45) days to sixty (60) days
were in calendar days or business days, it's not specified in the bill. That being
said, it would be sixty (60) calendar days, but with furloughs being implemented,
they do not count furlough days as part of the calendar.
Mr. Chang: Okay, thank you.
Chair Asing: You know I might add that one of the
concerns and this happened to us, when I say "us", I'm saying Kauai, when we built
Cliffside in Hanapepe. This was the same type of project, and it was a State funded
housing project, and when you go through that process, then the county is out of it
entirely, and that is not good. But that's the way it is and it's very difficult so
that's... Cliffside was quite a project. Quite a project in the sense that we got kind
of tangled up in who the inspectors were, whether it's going to be county inspectors
because it was State project, and it was kind of cumbersome to work with but this is
that type of project. With that, any further discussion on that item? If not,
Councilmember Kawakami.
Mr. Kawakami: Thank you Mr. Chair, I'd like to make a
motion to approve the package.
Mr. Bynum: Second.
Chair Asing: It's been moved and seconded that we take
the entire package. Any further discussion on the entire package? The motion is to
approve the entire package, any further discussion on the motion? If not, all those
in favor say "aye".
Councilmembers: Aye.
Chair Asing: Opposed say no. Motion carried. Thank you
very much Councilmember Kawakami.
Mr. Kawakami moved to approve C 2010-280, seconded by Mr. Bynum, and
unanimously carried.
COUNCIL MEETING ~ - 13 - .October 13, 2010
Mr. Nakamura: Next matter on the Council's agenda,
Council Chair, on page four (4) are communication C 2010-281.
C 2010-281 Communication (10/07/2010) from Council Vice Chair,
requesting the Administration's presence to discuss the status of the Kapaia
Swinging Bridge Project.
Chair Asing: With that, what I'd like to do is suspend the
rules and I believe we have the Deputy County Engineer here.
There being no objections, the rules were suspended.
EDMOND RENAUD, DEPUTY COUNTY ENGINEER: Good morning
Council, Councilmembers, Ed Renaud, Deputy, Public Works.
Mr. Furfaro: (Inaudible.)
Chair Asing: Can you hang on? Councilmember Furfaro.
Mr. Furfaro: Thank you. Thank you for being here Ed. I
would like you to give an overview to the Council body as we have talked in recent
times, early as just yesterday, regarding the status and the study of the Swinging
Bridge needs, the outcome of the survey, any status of right-of--entry to address this
problem, any potential scheduling that occurs, could occur, and any update on
potential additional funding. If I could ask you to give us an overview, that's the
reason I put this on the agenda today.
Mr. Renaud: Okay, thank you. When I did look at the
records to move forward on this project, we had a few right-of-entries not completed,
so we had to go forward and get those right-of-entries completed. And one (1) was,
it was where the bridge sat on his property, Mr. Silva was in the process of selling
his property, so there was a hold up there and everything. But with the new person
that came on, Mr. Roy Goo, he gave us all the green lights to move forward to assist
in the project. So anyway with that and Grove Farm, we completed our right-of-
entry. Now the scope of work of this, of this consultant to complete the project, Kai
Hawai`I, and he's there to finalize everything, so this way it's going to come back to
Administration, we'll sit down with you folks and discuss everything. One is to
finalize design of the footing on the property, of both properties. We have to finish
that design to see what the soil borings are, and the other thing, finalize of the
bridge itself on the replacement, repair, and all that stuff because it is in bad shape
with the wood rotting and there are metal or structural metal members that need
repairing. So he's going to do that. He's also going to look at easements or
condemnation, whatever we have to do, for pricing and all this stuff, which avenue
are we going to go. On both sides of this property or this project, we don't own
anything. So you know he's going to look into all that and then there were other
avenues where we need to put in roads, we need to put in parking in there because
we're going to use that bridge for community, visitors, whatever to come forth, so
COUNCIL MEETING • - 14 - October 13, 2010
that is going to be part of it. We're also looking at the ADA, per the ADA
requirements state, there are things we have to do if we... whatever we are going to
do to replace, reconstruct different members of that bridge... so there are ADA
requirement they're going to look at. On one side, I'm going to say the Hongwanji
side, there's a small portion of ADA, so they're going to look into that. On the other
side, the Grove Farm side that's a bigger member because the area is sloped, so
that's a big ADA project they're going to look at that. The bottom line is to come
back with the feasibility study, the design is a small portion, but the feasibility
study is going to tell us all the avenues, what is going to cost what, the bottom line.
This way it's all clean and we all can sit down and discuss it.
Mr. Furfaro: Ed, I believe we have earmarked about, what
was the amount we earmarked?
Mr. Renaud: Two hundred (200).
Mr. Furfaro: Two hundred (200), okay. So your next
return to the Council, we should be all square on the easements, we should have a
better understanding of what we may need to do as far as ADA compliance, and you
might have some type of outline of a schedule of repair and modification for us by
then?
Mr. Renaud: Yeah, this feasibility study, the completion of
this is earmarked for December but if everything... so far everything is working out
real (inaudible), the survey has been completed, the tests have been completed, so
there's other things, other avenues... I think it's going to get completed very shortly.
But every week they update me and you know and this is what has happened so far.
Mr. Furfaro: So if we move this to a December update, you
feel we'll have all the final critical path in place and...
Mr. Renaud: Yes.
Mr. Furfaro: We'll know if there's additional cost to us by
then?
Mr. Renaud: I would say yes. Yes, talking to the
consultant, he's very sure of that with his so-called subcontractors.
Mr. Furfaro: Okay, well I appreciate your commitment
but I'm going to talk to my colleagues here at the table that let's definitely be
prepared by mid-January, we'll throw in another four (4) weeks. Thank you Mr.
Chair.
Chair Asing: Thank you.
COUNCIL MEETING ~ - 15 - .October 13, 2010
Mr. Renaud: Ah one (1) more thing please... we have a
timeline schedule from him and so far he has beaten the schedule, so it looks good.
Mr. Furfaro: Okay but I'll still give you the extra four (4).
Mr. Renaud: Yes, thank you.
Chair Asing: Councilmember Bynum.
Mr. Bynum: Good morning Ed.
Mr. Renaud: Good morning.
Mr. Bynum: So what the county's funded so far is the
feasibility study, is that correct? And so, you've answered some of the questions
that we don't currently have easements on either side of the bridge and so it's a
historic bridge, so part of that... and these are questions, part of that feasibility
study would be whether we can make it a functional pedestrian walkway as it was
in the past and what the cost are involved in that in terms of making it ADA access
on each end, acquiring the land, that kind of thing or one (1) of the other options is
it's not a functional pedestrian it's just a historic site. Is that, are we committed to
making it a functional pedestrian walkway or are we just looking to make it a
historical site?
Mr. Renaud: I believe, I mean what it's about it's really
what it's going to cost and where we're going to go get everything if we want that
bridge to be active.
Mr. Bynum:
Mr. Renaud:
Mr. Bynum:
Conception...
Mr. Renaud:
Mr. Bynum:
Mr. Renaud:
Mr. Bynum:
Active meaning functional?
Yes.
So folks could get from Lihu`e to Immaculate
Correct.
As pedestrians in a safe way.
Yes.
So our hope is that it's functional?
Mr. Renaud: Yes and the report is going to tell us
everything (inaudible) then we're going to have to make that final decision.
Mr. Bynum: - Including what the cost might be?
COUNCIL MEETING •
Mr. Renaud:
Mr. Bynum:
- 16 - ~ctober 13, 2010
Yes.
Okay. Thank you very much.
Chair Asing: Thank you. Any further discussion?
Councilmember Chang.
Mr. Chang: Thank you Mr. Chair. Good morning Ed.
With the bridge hopefully being functional, did we take a look at the tree line? I
was there yesterday so by meaning the tree line if it's functional, looks like there's a
lot of hau bush and a lot of real thick, a lot of dead wood up on the top. So are we
maybe planning, is the plan to maybe trim the area around and bring in some sun?
Mr. Renaud: Well once we finish with the feasibility
study, the final state and then we're going to determine what we're going to do.
Mr. Chang: Okay.
Mr. Renaud: See the thing is, we don't have... we did not
go on that property because we don't have aRight-of-Entry, we don't own anything.
So by going through the legal avenue, now we can move on the property but as for
trimming of anything, we're not going to do that yet until the study comes back.
Mr. Chang: Okay. It seems as though the life. span of the
bridge if it's wood, would be much longer that because it's not going to be moldy or
soggy and maybe might be a lot brighter so the people, I mean it would be a
beautiful bridge.
Mr. Renaud: Yeah.
Mr. Chang: When it's functional.
Mr. Renaud; The community when we last met with them,
some of the members there were thinking about going in and maybe cutting the
vegetation so I would just have to get back with them and you know.
Mr. Chang: Okay. Thank you, Ed.
Chair Asing: Councilmember Bynum.
Mr. Bynum: Just a couple follow up questions to
Mr. Chang's. So the County owns the bridge itself, is that correct?
Mr. Renaud: Well the history is... let's just say yes for now
because there's a long history.
COUNCIL MEETING ~ - 17 - October 13, 2010
Mr. Bynum: And when you say Right-of--Entry you meant
to do the studies, the county to enter private property needs permission from the
landowner?
Mr. Renaud: Correct.
Mr. Bynum: Okay, thank you.
Chair Asing: I see some concerns. Am I misinterpreting
the concerns? Okay? Any other questions for the Deputy County Engineer? If
not, Ed thank you very much. So I assume that's your report and we're going to
start moving forward and I believe the next item is for approval a proposed draft...
.ALFRED B. CASTILLO, JR., COUNTY ATTORNEY: I'm sorry Council
Chair... Council Chair, I'm sorry... Al Castillo, County Attorney. On the last... if I
may? On the ownership on the bridge itself, whatever answer was given, what I'd
like to offer is that whether or not the county actually owns the bridge is a legal
question that if this Council at an appropriate time would like to discuss it in
Executive Session, our office would be able to do that.
There being no one else to speak on this matter, the meeting was called back
to order, and proceeded as follows:
Chair Asing: Okay, thank you. With that, any further
discussion? If not...
Mr. Furfaro: Mr. Chair.
Chair Asing: Yes.
Mr. Furfaro: I would like to ask if we could have this come
back on the agenda mid-January and get a full update.
Chair Asing: Yes.
Mr. Furfaro: Thank you.
Chair Asing: Thank you. Any further discussion? If not,
we have a motion to receive item 2010-281.
Mr. Bynum: Is it a defer?
Chair Asing: Oh, we didn't have a motion. Okay can we
have a motion to receive?
Mr. Furfaro: Move to receive.
COUNCIL MEETING
Mr. Bynum:
Chair Asing:
favor say "aye"?
Councilmembers:
Chair Asing:
please.
- 18 - October 13, 2010
Second.
Any further discussion? If not, all those in
Aye.
Opposed say no? Motion carried. Next item
Mr. Furfaro moved to receive C 2010-281 for the record, seconded by
Mr. Bynum, and unanimously carried.
Mr. Nakamura: Next matter is a motion to, I'm sorry... a
communication for receipt is communication C 2010-282.
C 2010-282 Communication (09/27/2010) from the County Engineer,
requesting to amend Ordinance No. 2010-706, relating to the Fiscal Year 2010-2011
Capital Budget which addresses the appropriation transfer for additional
engineering services for the Kapaia Swinging Bridge from the following item in the
General Fund, Keapana Bridge Replacement $40,000 to the General Fund-CIP
appropriation entitled Kapaia Swinging Bridge $40,000: Mr. Chang moved to
receive C 2010-282 for the record, seconded by Mr. Kaneshiro, and unanimously
carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter on the bottom of page two (2) of
the Council's agenda is communication C 2010-283.
C 2010-283 Communication (09/07/2010) from Councilmember Kawahara
requesting agenda time to discuss the County of Kaua`i's sexual harassment and
workplace violence policies.
Chair Asing: Thank you. With that, Councilmember
Kawahara.
Ms. Kawahara: Thank you. I've asked for this to be put on
the agenda because of the several sexual harassment and workplace violence cases
that were recently settled and reported in the newspaper. I feel that the County
Council should be able to have a discussion on what we feel is happening and why
we were ,worried about all of these payments having to be made. The total
payments for two (2) cases come out to seven hundred thousand dollars
($700,000.00), one of which is Hirakawa case and another one which is the Jane Doe
vs. County of Kauai EEOC charge number 486-2009-00268. The magnitude of the
payments and the behavior... the behavior that occurred in certain departments I
believe needs to be addressed and I believe we should discuss it here and that was
COUNCIL MEETING • - 19 - .October 13, 2010
my reason for putting this on the agenda. The safety of our employees is... should
be one of the highest priorities that we have. That they work for the County, they
should be able to have a safe place to work free from any kind of harassment, sexual
harassment, workplace violence or hostile environments. The EEOC case was a
hostile environment complaint and the Hirakawa was a sexual harassment case.
These all came down the pipe from a previous administration, so I do want to
acknowledge that this administration inherited those cases. And I'd like to take
comments or statements if anybody has things to say. Councilmember Bynum...
Councilmember Furfaro... I'm staring right at you.
Mr. Furfaro: I want to thank you for putting this
discussion on the table. I do think that this is an entire council issue for our body to
look into and to review. As you know we have our own from the Office of the Clerk,
policies on workplace violence, as well as sexual harassment standards that are at
the County Council level and there is a need perhaps to communicate the urgency to
implement a business training plan throughout the departments of the county that
address this. I will ask to circulate to you later today minutes of the July 20, 2010
Civil Service Commission meeting of which I asked for agenda time. I have my copy
of those minutes but the Commission did acknowledge that I was there to talk on
behalf of the Council and really to discuss regarding the Human Resource capacities
of the Department of Personnel Services. My concern is that we as a body need to
encourage this accountability and training in a formal business training plan for all
departments when it comes to workplace violence and sexual harassment. I have
distributed also the concept that we implement county wide a vehicle of an upward
appraisal so that line employees can give constructive feedback upward. And I
distributed to them copies of this upward appraisal tool which I feel would identify
the values that we make statements in our particular policies. I also pointed out
the fact of the matter is you know we really need to have an incremental business
training plan that is followed through and that people understand the expectations,
the standards and more importantly the consequences that there is zero tolerance
level within the county. I will be making copies of my presentation to Civil Service
Commission on my concerns with personnel management and Human Resource
training to all of you later today.
Ms. Kawahara: Thank you Councilmember Furfaro. Any
other comments? Councilmember Bynum.
Mr. Bynum: I've been on the Council for four (4) years so
I've had the opportunity to sit in settlement meetings regarding several cases and I
also want to share that this is an issue that is important to me. I've been a
therapist for twenty-five (25)... for thirty (30) years, twenty-five (25) years of which
I was a victim advocate and worked with victims, and prior to that, almost thirty
(30) years ago, I was a manager in a county and managed people and we had a
sexual harassment, workplace violence protocol and procedure that required
managers to follow it. I know as a manager if I had allegations of workplace, hostile
workplace environment or sexual harassment and I didn't follow through with the
protocol, that I would be sanctioned and possibly terminated. That was thirty (30)
COUNCIL MEETING • - 20 - .October 13, 2010
years ago and so as we have these cases coming down, I've gotten increasingly
concerned that the response was inadequate. These issues are very sensitive
because they involve personnel and confidentiality and so accountability is not
always easy, and for that reason Councilmember Kawahara and I worked on a
written statement that I would like to read into the record and distribute, and so
I'm going to read that at this time.
Mr. Furfaro: Could I just ask before you read that, again I
just want to reiterate my statement when I went to the Civil Service, this is an
issue for the whole body.
Ms. Kawahara: Yes.
Mr. Furfaro: And I understand within the guidelines of
OIP, no more than two (2) of us can collaborate on any documentation or concerns.
I just want to say I appreciate the work you did, but I assume it was for the entire
body.
Mr. Bynum: That's why we're distributing it right now.
Mr. Furfaro: I appreciate that Mr. Bynum...
Ms. Kawahara: Thank you Councilmember Furfaro.
Mr. Furfaro: But I just wanted to make that very clear.
Ms. Kawahara: And it's a good point.
Mr. Furfaro: Because it is important for the public to
know, no more than two (2) of us can collaborate on something and I just wanted to
point out, as I went to Civil Service back in July, it was for the body and I said that
in my testimony.
Ms. Kawahara: And that's a good point.
Mr. Bynum: And I appreciate that and that's why this is
being distributed now and we have an agenda item and we can discuss it in open
session.
Mr. Furfaro: Yes.
Mr. Bynum: So with that I'd like to read this statement
that's dated today... (attachment) The Hirakawa case and several others in the last
few years lead to the inevitable conclusion that the county of Kauai has repeatedly
failed to respond appropriately to allegations of sexual harassment and hostile
workplace environment. The Hirakawa case has had an unusual level of public.
disclosure, but most cases settle prior to open court proceedings being filed and are
COUNCIL MEETING • - 21 - .October 13, 2010
shielded from public scrutiny. The county has paid millions of taxpayers' dollars to
settle claims; managers and supervisors continue to make the same fundamental
mistakes; and the County has yet to take any action to correct the situation.
The repeated failures that have occurred at the highest levels of County
leadership can only be described as a total and systemic breakdown. This has
resulted in a climate where many employees, particularly women, feel unsafe in the
workplace and have no faith that their concerns will be responded to appropriately,
if at all. Managers who have repeatedly engaged in behaviors that lead to the
claims have been protected from, any consequence because, in violation of County
policy, personnel inquiries are not even initiated. Thus, no investigations are
conducted and the actions of these supervisors are effectively convered-up and their
accountability is non-existent. When there is no follow through in implementing
our workplace violence/sexual harassment policies, a strong and valid argument can
and has been made that the county protects supervisors who harass and threaten
their employees.
Since 1998 when the Supreme Court issued rulings in two (2) cases, the
County has known that in sexual harassment/hostile work environment cases, an
employer may be held liable when the person doing the harassing is the plaintiff's
direct supervisor or higher. However, in those cases in which no tangible adverse
employment action is taken against the plaintiff in the context of the alleged
harassment, employers are allowed to assert a defense to liability and damages if
they are able to prove that:
(1) the employer had a published anti-harassment policy
prohibiting the conduct in question and provided employees with
channels to report the conduct;
(2) the harassed employee unreasonably failed to report the conduct
using those reporting channels; and
(3) the employer, up on learning of harassment, promptly took
action to stop the behavior.
Although the County's anti-harassment policy is deeply flawed, one does
exist, yet to our knowledge not even one sexual harassment training has been
conducted and not one investigation, required by policy, into sexual harassment has
been conducted. Most of the liability the County has incurred has come not from
the alleged harassment but from the failure of any manager to take any action. So
not only are supervisors who are accused of misconduct not investigated and no
corrective action taken, other supervisors who fail to fulfill their responsibility to
follow the policy are not held accountable.
Although the County's failure to address issues of sexual harassment/hostile
work environment have resulted in huge liability for the county, the more important
question is what kind of message does this send to the employees of the County?
On a brighter note, the current administration has recognized this problem
and the Mayor and County Attorney are in the process of revamping the county
policies and issues of accountability. We trust that comprehensive, annual training
COUNCIL MEETING • - 22 - October 13, 2010
in sexual harassment/hostile work environment issues is on the horizon for
employees and managers. Discussion is ensuing about revamping the Personnel
Department into a Human Resource Department which would not just hire
employees and manage their records but would also recognize our employees as our
most valuable resource and be tasked specifically to protect our employees' rights to
work in a safe environment, free from sexual harassment and workplace violence.
Thank you.
Chair Asing: Thank you. With that... I totally agree, I
think it's a good statement. And I'm in total agreement. I also am in total
agreement with Councilmember Furfaro on what he's done. With that any further
discussion? Councilmember Kawahara.
Ms. Kawahara: Thank you. This is a difficult decision... I
have a choice today to be silent and accept the status quo of what's been happening
in this County and the pattern that's emerged in just the two (2) years that I've
been here or to make a statement with the hope that I can, what I say can help
make a change. It has been difficult to sit through these Executive Sessions. The
behavior of employees against other employees has been horrendous. I believe that,
that we have settled those cases and the worst part. is, is that our County Attorneys
did not get out of the gate because we the managers did not even bother to do an
investigation and follow up on any report. Not even the out of the gate, our County
Attorneys can't even defend us. So we paid two hundred fifty thousand dollars
($250,000.00) case for hostile work environment... four hundred fifty thousand
dollar ($450,000.00) case for sexual harassment. To me, it's unacceptable. If it
comes from ignorance on the part of the manager then the remedy is training and
education. And in this day and age I can't imagine what kind of ignorance it takes
to not understand that anybody that works anywhere deserves to be in a free, a
place free of violence or sexual harassment. If on the other hand the behavior was
purposeful and malevolent then the county policy should hold that person
accountable for their actions and behaviors. What we have now is not working. We
have a policy that is a promise to our employees that they will have a safe
workplace free from any kind of harassment. And what we have is a promise that
we haven't kept. And the reason why it's so important to me and the reason why
the statement that Councilmember Bynum and I put together is so important is...
stating that we have failed at the top levels of all of our Departments and our
Administration and in our Council. If you have any wonder about whether these
things exists or these things happen... this is a difficult part... I can say it does and
it has happened and I've experienced it here on the level of the county council. I
don't believe that I need to state anything further. The incident resulted in a
Police Report, a consultation with the County Attorney. Close examination of
public record on July 22nd will show that under advisement I sought to address this
incident in an Executive Session and made a motion that was seconded by
Councilmember Bynum. At that time I was pressured to withdraw that request and
that we would go into Executive Session later. When later came, despite my
COUNCIL MEETING • - 23 - .October 13, 2010
request and the recommendation of the County Attorney, the Council majority voted
not to enter into the session.
So that it is even possible that this can happen to somebody on your highest,
highest leadership level on your Legislative Level should be proof that this is a
serious problem and that we have fostered a climate that says that this is okay. We
have fostered a climate where it is not questioned, it is not looked into, and I myself
as an elected official, in the highest level of county... cannot say with confidence
that anybody that does bring up or is brave enough to say something about any
sexual harassment or workplace violence, I have no confidence that what we have in
place will protect them, will give them a fair hearing on both sides. And that is why
I believe that this was important to bring up and at... and the incident is all I'm
going to say about that, is what I said here, everything is in public record, if you
look closely and I would request that this Council and this Administration support
any movement towards a Human Resources Department. What we have is a
Personnel Department which handles hiring, reclassification and records of
employees. There is no systematic way of making sure .that every Department
Head is aware of what is not acceptable behavior in the workplace. I come from the
State level so I have an interesting insight, I happen to come from a State level and
a Department of Library... Public Libraries and we have a really rigid and strict
policy and zero tolerance for any kind of behavior that is harmful or threatening to
other employees. So I wanted to share that what we have here is below optimal and
very necessary to be looked at and I want to support the Mayor and the County
Attorney in any effort and any rapid and to understand how urgent the issue is
because it may not only be women but for the most part, that's how it works.
There's mothers, daughters, your sisters, your girl friends, your cousins... are all
sitting there relying on this promise that nobody follows.
I appreciate the time given to this important issue and again I urge both
council and the administration to look into this urgently and seriously and address
it as soon as possible.
Chair Asing: Thank you. With that Councilmember
Kawakami.
Mr. Kawakami: Thank you Mr. Chairman and thank you
Councilmember Kawahara for putting this on the agenda. And you know these are
the type of situations that we should be foraging these public private partnerships
okay, because and the reason why I say that is that... if we are implying that the
county needs help on their policies, we should look no further than the private
sector. Because I can tell you the private sector cannot afford yeah, to make these
kinds of mistakes and because of that, we have procedures set in place, we have
members that are members of the Chamber of Commerce, we have members here
that have been in private sector. You know, for example... one (1) example my place
of employment there's apre-employment screening and these are all benchmarks
that must be hit upon and we should be crafting solutions. You have a post
employment orientation, every employee goes through an orientation that
COUNCIL MEETING • - 24 - .October 13, 2010
introduces them to the policies and procedures and the promises that you talked
about. From that post employment trainer, there's periodic manager training that
managers are required to do, scheduled training specifically on workplace violence
and sexual harassment because these are the two (2) most difficult to face, they're
the most uncomfortable, they're the kind of cases that make you cringe, and it
turns your guts inside out, it's those hard issues. So you have periodic manager
training, you got re-training, we have parameters in place for post occurrence
retraining. So if there is a occurrence, the whole organization get's retrained.
There's standard operating procedures, so these are the kind of situations where we
don't have to reinvent the wheel, they're already procedures in place so I'd just like
to... we should be reaching out to the private sector, perhaps the Chamber of
Commerce, and any port out there to see where we can fine tune our operation.
Because if it's implying that we have a system and its broken down, let's fix it and
what are the solutions. So thank you for bringing this up so that we can start
moving forward to tighten the screws and reaching out because these are the type of
partnerships that we should be forging together so that we can come up with
solutions, effective, practical solutions, common sense solutions. Thank you Mr,
Chair.
Chair Asing: Thank you, any further discussion?
Councilmember Furfaro.
Mr. Furfaro: Thank you to Lani and Mr. Bynum for your
composition here. I do want to say over the last few years, I too, have had concerns
where many of you know my commentary deals with our current personnel
department, which really only focuses on recruitment and job qualifications and
staffing cars and reviewing applications. But I do know over recent months, I have
had some opportunity to speak with attorneys in the county's legal department, and
expressed to them the need to underline what you said earlier, Lani, a human
resource director, who can be an aide and assistant to the general department
heads. I think four years ago, in Mr. Bynum's situation, he knows that I made an
aggressive attempt going in front of the Police Commission as well, with .the
implementation of an upward appraisal process, where line employees could give
back constructive feedback in a sound and confidential manner, and I'm very
pleased to share that we have recently implemented that upward appraisal process
here within our own department. And it is one of the reasons that I went to Civil
Service to speak in terms of a Human Resource director who overall watches a
business training plan, to see that the appropriate training is being implemented,
and the consequences of such are left out.
I am also a very big proponent of upward appraisals, as I have shared with
all of you. And it is something, that I know after my testimony in front of the Civil
Service Commission, that they have indicated to me that they are working on their
own model to address this. It starts with the fact that we need to have that Human
Resource person to manage these moving parts and not just administer personnel
record-keeping and processing. So as I mentioned at the very beginning of this, this
COUNCIL MEETING • - 25 - .October 13, 2010
is a Council issue and we all need to be part of getting us to a solution. And there
are, as Mr. Kawakami pointed out, private practices that can be initiated.
You know, I am a retired hotel executive, and working with ITT and all the
federal contracts that existed, these types of policies within government contracts
were mandated, 360-reviews, upward appraisals and policies that people could feel
were implemented because they had a safe zone to go and give constructive
feedback. And there was a business training plan in place. So thank you Lani and
Mr. Bynum for your composition of this most recent correspondence on an urgent
matter in the County. Thank you.
Chair Asing: Thank you, any further discussion? Council
member Chang?
Mr. Chang: Thank you Chair. I want to commend
Councilmember Bynum and Councilmember Kawahara, it was a great letter. I
want to start off by first of all by giving Councilmember Kawahara a lot of aloha for
being brave. I spoke to several Human Resource Directors and several owners of
business and I think one thing that a lot of people couldn't understand that we as a
county don't have a Human Resource Department. That is what I think surprised
most people and I think we understand what our Personnel Department does but I
don't realize that the general public doesn't even realize that we don't have a
Human Resources Department. All of us are concerned, no question about it. We
have had several wonderful discussions and enlightening discussions, but in this
day and age with social communication and different people mocking gender or race
or sexual preferences, we know what is happening with a lot of our youth. A lot of
people can't handle what is going on and this is very serious, but what I believe
with this conversation is that this is not coming to deaf ears. I believe at this point
the Mayor, the Administration and in particular our County Attorneys, I think it
had to come up, it did come up, it needed to come up and I think that this
community is going to require and deserve us to take action and be accountable for
who we are and how we treat our fellow men and women here on Kauai, and really
hopefully be a forefront within the State. And you know again I need to commend
you Councilmember Kawahara for your bravery and to bring this up, but I think
you have all of our full support. Thank you.
Chair Asing: Thank you. Any further discussion? If not,
go ahead, and come up Mr. Mickens.
There being no objections, the rules were suspended.
GLENN MICKENS: Thank you Kaipo, for the record Glenn
Mickens. I just want to salute Lani for bringing this issue up. Not only the
monetary value that the taxpayers are going through with this, I don't think they
actually know or ever see finality of this it's probably done behind closed doors
before you hear about it but the other part that Lani brought up. I thought she
COUNCIL MEETING • - 26 - ~ctober 13, 2010
was... and what Dickie pointed out, it's very brave and I think it's a subject that
does obviously need addressing and hopefully this Council will do it. Thank Kaipo.
Chair Asing: Thank you. Is there anyone else?
PAT GEGAN: For the record, Pat Gegan. After hearing
the testimony and discussion that occurred today, I'm no less appalled and
disappointed at all the members of our County Council as well as the
Administration.
Why I am saying that is because people are hiding behind having a Human
Resource Department to take care of this. Tell me this, if it was your wife, your
daughter, who was the one being discriminated against, being harassed, is that
what your claim would be? Waiting for a Human Resource Department. Where is
the human part of you? Where are you taking responsibility for your actions?
Mr. Kawakami, I agree, in the private sector, the training, the enforcement that
occurs there is very important.
The same as you mentioned, Mr. Furfaro. I was in a corporation for twelve
(12) years. If I missed a harassment training, I was reprimanded on the spot and
we're talking one (1) hour. If I did it at 1:00 in the morning and it was due
midnight, I was reprimanded. My question to you, the people who have been the
perpetrators and violators, have they been dismissed from their jobs? There is
nothing less that would happen in the private sector.
Those with the private sector background, why are you accepting that, why
are you allowing that to happen on this Council, in my County? I am visibly upset.
I am shaking. I cannot believe that this is happening on Kauai. I applaud those of
you who have tried, but what success has actually been achieved? Again, if it was
your daughter receiving this type of behavior, would you have stopped at going to a
hearing? Would you have stopped at allowing a payoff to be good enough? I sure as
hell would not have.
This is not acceptable. I expect that in the future we hear that things have
happened and happened rapidly. I don't care if it's aprivate/public partnership.
The people who are doing this do not belong in my county, working in my
government, the one that I support, the one that the taxpayers of Kauai support. I
thank you for this opportunity and please, take care of this issue now before we
have to have more emotional testimony.
Chair Asing: Thank you. Is there anyone else?
RANDY FRANCISCO: Aloha, Randy Francisco, Kauai Chamber of
Commerce. First of all, thank you for bringing up this important issue, and as a
chamber, we just concluded our annual employment law seminar, which was
attended by some county employees. So we look forward to working closely with
this Administration and the County Council. I think the benchmark is, it's easy to
COUNCIL MEETING • - 27 - .October 13, 2010
preach, but it's hard to do it and I think this Council, as we as a Chamber, have
really worked hard to try to lead by example. I want to thank Councilmember
Kawahara for her service, because I know she is not running for re-election, but I
think this is an important footprint, because listening to your very difficult
statement and commentary. As a former educator, as you will probably see in this
week's Midweek, the first-class I taught, 29 out of 29 slots were women from abused
relationships. So in the name of social justice, for all of the silent people who come
from abused relationships, I think the real benchmark is that your words can live
through the actions as demonstrated in leadership such as this council. We look
forward to working with the Mayor and his Administration to do whatever it takes.
So thank you for that. Mahalo.
Chair Asing: Thank you. Mr. Taylor?
KEN TAYLOR: Chair and members of council, my name is
Ken Taylor. I too want to thank Lani and Tim for bringing this to the table. And I
would certainly echo comments that were made earlier from some of the public that
you folks need to get a handle on this, and get a handle on it quickly. It's not
acceptable for the county taxpayers to have to pay $700,000, $800,000 in an issue
that should have never taken place in the first place. It has and as it has been said,
those people should be gone, they shouldn't even be in government. This is
unacceptable. What has gone on this floor at this table, this past year, is not
acceptable to the people of the county either and I think that it's time that we all
take a real look at what is going on, and understand that you folks here have a job
to do for the county, and that is to take care of the people's business. Not harass
each other and play little games that we know has been going on this past year, and
it's not acceptable to continue in this direction. It's time that we make some
changes and you sit here as individuals taking care of the people's business, and
forget the rest of the situations that may disturb you about one person's attitude or
another but take care of the people's business that's what you're elected to do. That
is what you are expected to do. And I hope that in the future, that is what will be
done. Thank you.
Chair Asing: Thank you. Is there anyone else? Go ahead.
Mr. Furfaro: Mr. Taylor?
Chair Asing: Mr. Taylor.
Mr. Furfaro: I do want to say that as mentioned, I believe
we are moving towards that direction. I want to assure you that as the father of
three (3) professional daughters, as an individual who recognizes the need to
constantly make improvements with the Administration, with the County
Attorney's office, with the presentations being made in front of the Civil Service
Commission, with the implementation of upward appraisals that we have done here
at the County level for the Council to show a model, I take your testimony very
serious and I do want you to know, as you left the question on the table, we have
COUNCIL MEETING • - 28 - .October 13, 2010
begun taking forms of action. I did not pose that in a question to you. I just wanted
to answer your question. We are implementing items that need to make changes so
we do not have this kind of exposure and I do know that the Administration, the
County Attorney and working with this body, we are urgently trying to make those
changes. Thank you, Ken.
Mr. Taylor: Thank you.
Chair Asing: Thank you. Is there anyone else? If not, I
would like to call .the meeting back to order. Any further discussion?
Councilmember Bynum.
There being no one else to speak on this matter, the meeting was called back
to order, and proceeded as follows:
Mr. Bynum: I wanted to put most of my statement in
writing, so it was available because this is really an emotional subject for me and
for a lot of people. I want to thank Mr. Gegan for coming up here and expressing
the appropriate emotion about the circumstance. And I just want to answer some of
these questions that we had cases like this prior to me being on the Council. I
learned that when I came on the Council that they had been mishandled. We've
had cases since then. We deal with workers' compensation claims and all kinds of
stuff appropriately in Executive Session and this Council is very diligent at saying
how do we prevent this from occurring again? Do we need better equipment? Better
training? What do we need to do risk-management? We actually funded a position
for risk-manager, which because of economic situations hasn't been filled, and so the
Council does take this seriously, but when it comes to sexual harassment. and
workplace violence claims, I have been here almost four (4) years and have seen no
action taken.. So you sit in the meeting and say what was the result of the
personnel inquiry, what discipline was there... none. What was the result of the
inquiry? Oh, we didn't initiate one and it's appalling. That is what we're sitting
here talking about, even in the most recent cases, after we have paid out millions.
We can't talk about what the consequences were for either the alleged perpetrators
or the managers who failed to follow county policy, because we never even initiated
the inquiry. So I wanted to drive that point home. I think it says that in the
written statement and it's got to change.
Chair Asing: Thank you. Any further discussion? If not,
do we have a motion on the floor? Can I have a motion to receive?
Ms. Kawahara: Move to receive.
Mr. Chang: Seconded.
Chair Asing: Thank you. I would like to just echo some of
the concerns. I agree totally with the concerns raised. I think they are concerns
that are there that we needed to address. So we did address a number of issues as
COUNCIL MEETING ~ - 29 - October 13, 2010
described by Councilmember Furfaro and some of the things that we have done. So I
also commend the County Attorney's Office for their pursual in revamping the
process and working on it to revamp it. So with that, thank you very much. If there
is no further discussion, the motion is to receive. All those in favor say aye?
Councilmembers: Aye.
Chair Asing: Opposed say no? Motion carries, thank you.
Next item please.
Upon motion duly made by Ms. Kawahara, seconded by Mr. Chang, and
unanimously carried, C 2010-283 was received for the record.
Mr. Nakamura: Next matter for approval on page five (5) of
the Council's agenda is a Legal Document, communication C-2010-284.
LEGAL DOCUMENTS:
C 2010-284 Communication (10/04/2010) from the County Engineer,
requesting authority from the Council to execute the following, which includes an
indemnity provision, to determine the feasibility and cost of repairing the Kapaia
Swinging Bridge:
1) Right of Entry by Roy Goo, TMK (4) 3-7-004-009-0002.
2) Right of Entry by Haili Moe, Inc., TMK (4)3-7-001-001.
Mr. Chang moved to approve C 2010-284, seconded by Ms. Kawahara and
unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura: Next matter on page five (5) of the Council's
agenda for approval is a Committee Report from your Committee on Public Works
& Elderly Affairs.
Mr. Kawakami recused himself from the Committee Report at 10:33 a.m.
COMMITTEE REPORT:
COMMITTEE PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE
A report (No. CR-PWE 2010-6) submitted by the Public Works/Elderly Affairs
Committee, recommending that the following be approved on second and final
reading:
COUNCIL MEETING. - 30 - .October 13, 2010
"PWE 2010-5 - Communication (9/29/2010) from Committee
Chair Bynum, requesting the Administration's presence to discuss
Ordinance No. 885, relating to Plastic Bag Reduction,"
Chair Asing: Any discussion? I'm sorry, hang on. The
rules are suspended. Glenn please.
There being no objections, the rules were suspended.
Mr. Mickens: Thank you again Kaipo. For the record
Glenn Mickens. I have got a short testimony on this issue. Let me read it for the
record. I believe that Tim and Lani did a fine job of crafting Ordinance 885 and
along with two (2) other members of this Council it was passed one (1) year-ago.
Since the retailers who will be affected by this ordinance have several options to
give their customers other than degradable bags, I can see no legal reason for the
delay in the implementation of this ordinance. As many members of the public have
said, this ordinance is completely explanatory and why we need workshops or
County Attorney advice at this eleventh hour is mystifying to me.
And again, before it was given to the Council for passage, the County
Attorney had to have reviewed it and if there were legal problems or Public Works
didn't do their job, why wasn't this done then rather than waiting to review it? I
would appreciate someone telling me where my misinterpretations are. The fact
that the ordinance was legally reviewed or at least should have been and passed by
this body is unquestionable. So what part of the equation am I missing? It seems
you have done your work and Al, you have done your job and passed the ordinance
and now we're going to sit here and have workshops and wait until January 11th to
have a Public Hearing and go on with this. Why? Why should we delay this thing
and say hey, implement it.
I can't see that the markets out there are going to have problems with it. If
you were mandating and said, hey, you have got to use degradable bags and they
don't have degradable bags on this market, except you heard Pat or somebody talk
about they do have, but they are not into plastic bags yet. If you mandated that
they did this and now I can see, well the market is going to say that they are going
to come back to you with a legal suit against you but at this stage of the game, they
have other... they can give paper or they can give make do which I think the
ordinance was made in the first place to bring your bag back and forth with you to
fill it up. So again if anybody's got an answer to this, I just want to know because it
doesn't make sense to me that the process got to this stage of the game and now all
of a sudden it stopped. So if anybody's got any response I'd be happy to hear it.
Chair Asing: Thank you Glenn. Is there anyone else? If
not, I would like to call the meeting back to order. Councilmember Bynum.
There being no one else to speak on this matter, the meeting was called back
to order, and proceeded as follows:
COUNCIL MEETING ~ - 31 - October 13, 2010
Mr. Bynum: I appreciate Mr. Micken's testimony. I think
we're good to go with the ordinance. It's going to be implemented January 11th. I
think that the County Attorney... Yes this bill was legally reviewed prior to its
introduction and the County Attorney and Public Works have been involved
through the process and I think they have done a good job. I would have liked for
us to communicate sooner to retailers and that is why we're having workshops, we
need to get the word out and do it quickly, and let retailers know as of January
11th, 2011, 11/11/11 (sic), you can't give a plastic bag at the point of sale. You can
give a paper bag and you can encourage your customers to bring, which is the point
of the bill, bring reusable bags and not use any disposable. So we want to get that
word out, but we're good to go. The workshops I applaud and I think they are
important. And I would ask the newspaper to help get the word out and they have
written an article recently that we're implementing, along with our sister county
Maui on the same day, change in behavior that is good for our island and our
environment. Thank you Mr. Chair.
Chair Asing: Thank you. Any further discussion? If not,
all those in favor say aye.
Upon motion duly made by Mr. Bynum, seconded by Mr. Chang, and
unanimously carried (Mr. Kawakami recused), CR-PWE 2010-6 was
approved.
Chair Asing: Next item please.
Mr. Nakamura: Council Chair just for the record on that last
Committee Report, Councilmember Kawakami is recused from this matter so his
vote will show a recused vote on this one.
Mr. Kawakami was noted present in the meeting.
Mr. Nakamura: Next matter for consideration are
Resolutions, first Resolution is No. 2010-52.
RESOLUTIONS:
Resolution No. 2010-52, A RESOLUTION ESTABLISHING STOP SIGNS
AND STOP LINES AT KONOHIKI ESTATES SUBDIVISION, KOLOA DISTRICT,
COUNTY OF KAUAI: Mr. Kaneshiro moved to approve Resolution No: 2010-52,
seconded by Mr. Chang, 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.
COUNCIL MEETING ~ - 32 - ~ctober 13, 2010
Chair Asing:
Mr. Nakamura:
2010-53.
Thank you. Motion carried, next item please.
Next Resolution for approval is Resolution No.
Resolution No. 2010-53, RESOLUTION AMENDING RESOLUTION NO. 4
(.1988) DELETING AND ESTABLISHING SCHOOL BUS STOP IN THE
KAWAIHAU DISTRICT: Mr. Bynum moved to approve Resolution No. 2010-53,
seconded by Mr. Chang, 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: Next item please.
Mr. Nakamura: Next matter are bill for -first reading, first
bill for first reading is Proposed Draft Bill No. 2381.
BILL FOR FIRST READING:
Proposed Draft Bill (No. 2381) - 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 LIQUOR FUND ($450,000.00 -
Claims and Judgments/General Liability): Mr. Kaneshiro moved for passage of
Proposed Draft Bill No. 2381 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for November 10, 2010, and that it thereafter
be referred to the Budget & Finance Committee, seconded by Bynum.
Chair Asing: Any- discussion? If not, roll call please.
The motion for passage on first reading was then put, and carried by the
following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Mr. Nakamura: Seven (7) ayes Mr. Chair.
Chair Asing: Thank you. Next item please.
COUNCIL MEETING ~ - 33 - October 13, 2010
Mr. Nakamura: Next bill for first reading is Proposed Draft
Bill No. 2382.
Proposed Draft Bill (No. 2382) - 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 ($79,555.00 -
Salaries, Prosecuting Attorney's Office): Mr. Kaneshiro moved for passage of
Proposed Draft Bill No. 2382 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for November 10, 2010, and that it thereafter
be referred to the Budget & Finance Committee, seconded by Chang.
Chair Asing: Any discussion? If not, roll call please.
The motion for passage on first reading was then put, and carried by the
following vote:
FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Mr. Nakamura: Seven (7) ayes Mr. Chair.
Chair Asing: Thank you. Next item please.
Mr. Nakamura: Next bill for first reading is Proposed Draft
Bill No. 2383.
Proposed Draft Bill (No. 2383) - 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 (Solid Waste
Appropriation, Other Services $50,000, Computer Peripherals/Supplies $2,400 and
Controlled Assets $4,900): Mr. Kaneshiro moved for passage of Proposed Draft Bill
No. 2383 on first reading, that it be ordered to print, that a public hearing thereon
be scheduled for November 10, 2010, and that it thereafter be referred to the
Budget & Finance Committee; seconded by Chang.
Chair Asing: Any discussion? If not, roll call please.
COUNCIL MEETING ~ - 34 - ~ctober 13, 2010
The motion for passage on first reading was then put, and carried by the
following vote:
FOR PASSAGE:
AGAINST PASSAGE:
EXCUSED & NOT VOTING:
Mr. Nakamura:
Chair Asing:
Mr. Nakamura:
Bill No. 2384.
Bynum, Chang, Furfaro, Kaneshiro
Kawahara, Kawakami, Asing TOTAL - 7,
None TOTAL - 0,
None TOTAL - 0.
Seven (7) ayes Mr. Chair.
Next item please.
Last bill for first reading is Proposed Draft
Proposed Draft Bill (No. 2384) - AN ORDINANCE AMENDING
ORDINANCE NO. B-2010-706 AS AMENDED, RELATING TO THE CAPITAL
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 (Kapaia
Swinging Bridge $40,000): Mr. Kaneshiro moved for passage of Proposed Draft Bill
No. 2384 on first reading, that it be ordered to print, that a public hearing thereon
be scheduled for November 10, 2010, and that it thereafter be referred to the
Budget & Finance Committee, seconded by Bynum.
Chair Asing: Any discussion? If not, roll call please.
The motion for passage on first reading was then put, and carried by the
following vote:
FOR PASSAGE:
AGAINST PASSAGE:
EXCUSED & NOT VOTING:
Chair Asing:
Mr. Nakamura:
ADJOURNMENT.
Bynum, Chang, Furfaro, Kaneshiro
Kawahara, Kawakami, Asing TOTAL - 7,
None TOTAL - 0,
None TOTAL - 0.
Thank you. Next item please.
There's no further business Mr. Chair.
There being no further business, the meeting was adjourned 10:42 a.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk
/ds