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HomeMy WebLinkAbout11-24-2010-Doc15845~` • COUNCIL MEETING November 24, 2010 The Council Meeting of the Council of the County of Kauai was called to order by the Council Vice Chair at the Council Chambers, 3371-A Wilcox Road, Lihu`e, Kauai, on Wednesday, November 24, 2010 at 10:56 a.m. Vice Chair Furfaro: Thank you everyone in the audience. I would like to read a note from Chairman Kaipo Asing. He will be absent from the property at approximately 11 a.m. and therefore, as the Vice Chairman, I will be conducting the remainder of this meeting. Mr. Clerk, I believe we called the meeting to order, but we didn't call a roll call. May I have a roll call please? The following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang Honorable Daryl W. Kaneshiro Honorable Lani T. Kawahara Honorable Derek S.K. Kawakami Honorable Jay Furfaro, Council Vice Chair EXCUSED: Honorable Bill "Kaipo" Asing, Council Chair PETER A~ NAKAMURA, County Clerk: Six present, Mr. Vice Chair. APPROVAL OF AGENDA. Mr. Chang moved to approve the agenda as circulated, seconded by Mr. Kaneshiro, and unanimously carried. MINUTES of the following meetings of the Council: Special Council Meeting of November 8, 2010 Public Hearing of November 10, 2010 re: Bills Nos. 2381, 2382, 2383 and 2384 Special Council Meeting of November 17, 2010 Mr. Bynum moved to approve the minutes as circulated, seconded by Mr. Kaneshiro, and unanimously carried. RESOLUTION: Vice Chair Furfaro: As we've approved the agenda, we do have a request which is going to be acknowledged. If you can turn to page five, there's a request to have that item, first item 2010-58 read and handled as the first item on today's agenda. May I have that item read, please? Mr. Nakamura: Resolution for approval is Resolution No. 2010-58. Resolution No. 2010-58, RESOLUTION ESTABLISHING STOP SIGNS AND STOP LINES ON KOLOA ROAD AT ITS INTERSECTION WITH WELIWELI ROAD, KOLOA DISTRICT, COUNTY OF KAUAI Vice Chair Furfaro: Thank you. Mr. Clerk, may I suspend the rules to take testimony on that item. The rules are now suspended. Mr. Blake. ,, ~ ,. COUNCIL MEETING ~ - 2 - ~vember 24, 2010 There being no objection, the rules were suspended. TED BLAKE: Good morning, Mr. Chair and Members of the Council. My name is Ted Blake. I'm from Koloa. Before I get started, I'd like to express our appreciation to Councilmember Kawahara for being an ear for us when we had concerns, (cleared throat) excuse me, for Daryl Kaneshiro whom I've known since childhood. We lived together on the mainland, on Oahu. I cannot tell you what we did. We were supposed to be going to school. But we were also the duet that blew the bugle for reveille and retreat every day for raising the flag at Koloa School. He on~one side of the building, I was on the other side, and we were always in tune. But thank you very much. I'm here today to speak on Resolution... C 2010-299. The ,multi-modal Koloa circulation plan was conceived in 2006. Along with this plan an innovative plan aptly named at that time "Quick Fixes" was attached to the circulation plan to generate momentum for the plan's initiative amongst residents. As Koloa has developed into Kaua`i's premiere resort destination, so have concerns about safety and traffic grown also. "Quick fixes" addressed many of these concerns, deemed easily attainable with minimum cost and effort for maximum impact. With the influx of higher visitor counts and new residents moving into the area, the Weliweli- Koloa Road intersection has become increasingly hazardous to navigate. Visibility was impaired by autos parked on both sides of Koloa Road at the Weliweli intersection. Speeding on Koloa Road added another dimension... unsafe dimension. Our seniors frequent the neighborhood center daily. The unsafe situation is a stress point and has had an intense negative impact. Most of the seniors drive the circuitous route on Waikomo, around Big Save to get onto Koloa Road rather than chance trying to navigate through the intersection, the shortest route to Koloa Road. The Koloa community and our seniors are in total support and urge this body to pass the resolution C 2010-299. This is a step in creating a safer intersection and also a traffic calming effect on speeding through the main thoroughfare in Koloa Town. Our deep gratitude and aloha to the County Engineer Fujimoto, to Deputy Ed Renaud, Chief Engineer Wally Kudo, Engineer Paul Togioka for their kokua in bringing this resolution before the body today. Also our aloha and gratitude to Mayor Carvalho for moving this along expeditiously since it was brought to the administration's attention three months ago. Thank you and I appreciate your attention. Vice Chair Furfaro: you, Mr. Blake. Mr. Blake: Vice Chair Furfaro: Mr. Blake: you guys...I don't want yo (Laughter) Thank you. Let me see if there's any questions of I'm sorry. Let me see if there's any questions of you. I got one correction. Resolution is 2010-58. I want u guys passing something that we're not... Vice Chair Furfaro: But you already conveyed to us your history of surfing during school time. Completely understand, Mr. Blake. Mr. Blake: Thank you. Vice Chair Furfaro: Any questions of Mr. Blake? Mr. Bynum: Thank you, Teddy. ~~ COUNCIL MEETING • ~?) -3- Thanks Ted. November 24, 2010 Vice Chair Furfaro: Is there anyone else that would like to testify on this item? Please come up and state your name and then the floor is yours. DOLLY SUGAWA-BRIERLEY: I'm Dolly Sugawa-Brierly. I'm the President of Koloa (Senior Center). I'm from Lawa`i, but I'm very. active in Koloa. Anyway, the seniors were here representing...they really appreciate it, so. Oh, okay:..they really appreciated it and so they...a bun...you know, there were a few of them here. But as time goes on and schedules have to be met, they had to leave because the bus was here. Anyway, what I wanted to say was how grateful they are because I know one senior we told... she was a very new member, and we told her to go down Weliweli onto Waikomo and she went towards Koloa School and she got lost. Now, I know you're thinking maybe senior and you know, don't know where driving, but she's one of our youngest ones, very alert. But she...because they didn't want to go out, you know, right out to that road where you couldn't see, but right now they're all happy. And of course with the traffic lights coming on, we're much more appreciative. Thank you very much. Vice Chair Furfaro: And please send. her...our apologies to the challenges with the schedule this morning. Ms. Sugawa-Brierly: Yes, I can. Thank you. Vice Chair Furfaro: Thank you. Is there anyone else in the audience? Mr. Abrams, are you going to speak on this item? LOUIS ABRAMS: Good morning Councilmembers, Louis Abrams, President of the Koloa Community Association, speaking in support of this resolution. And I don't need to say anything; you've got a long day ahead, so thank you very much. Vice Chair Furfaro: Seeing no one else that wishes to speak on this item, I'm going to call the council back to order. There being no one else wishing to speak on this item, the meeting was called back to order, and proceeded as follows: Vice Chair Furfaro: Yes, I'm going to ask for that... this motion. May I have a motion? Mr. Bynum: Move to approve. Mr. Chang: Second it. Vice Chair Furfaro: all those in favor say aye. Councilmembers: Mr. Nakamura: Vice Chair Furfaro: apologies. Mr. Clerk, coul Thank you. Any further discussion? Hearing none, Aye. Roll call. It's going to be a roll call vote on this resolution, my d you call the roll call? COUNCIL MEETING - 4 - ~vember 24, 2010 Mr. Bynum moved to adopt Resolution 2010-58, seconded by Mr. Chang, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Asing TOTAL - 1. COMMUNICATIONS: Vice Chair Furfaro: Thank you very much. Now, for the general audience, I want to say thank you for those that came down, but we are going to go through a series of communications, and from the heads that I see in the audience that have borne with us, I'm going to then go to a bill on first reading, Draft Bill 2386 after we go through the communications, so. Mr. Nakamura: Mr. Vice Chair, Communications for receipt on page one of the council's agenda is Communication C 2010-297, C 2010-298, C 2010-299, and on page two of the council's agenda communication C 2010-301. We also have... no, I think we're good there, Vice Chair. Vice Chair Furfaro: We're good with that. C 2010-297 Communication (10/25/2010) from the Chief, Engineering Division, Department of Public Works, transmitting for Council consideration, a traffic resolution establishing school bus stops on Holoikalapa Street and Pilipoli Road within the Pi`ilani Mai Ke Kai Subdivision (Anahola Residence Subdivision Unit 6 Phase 1: Mr. Bynum moved to receive communication C 2010-297 for the record, seconded by Mr. Kaneshiro, and unanimously carried. C 2010-298 Communication (10/25/2010) from the Chief, Engineering Division, Department of Public Works, transmitting for Council consideration, a traffic resolution amending Resolution No. 42 (1981) to remove the existing school bus stop at Lohe Road, Koloa District: Mr. Bynum moved to receive Communication C 2010-298 for the record, seconded by Mr. Kaneshiro, and unanimously carried. C 2010-299 ~ Communication (10/26/2010) from the Chief, Engineering Division, Department of Public Works, transmitting for Council consideration, a traffic resolution establishing stops and stop lines on Koloa Road at its intersection with Weliweli Road, Koloa District, as recommended in the Koloa-Po`ipu Area Circulation Plan: Mr. Bynum moved to receive Communication C 2010-299 for the record, seconded by Mr. Kaneshiro, and unanimously carried. C 2010-301 Communication (11/09/2010) from the Director of Personnel Services, transmitting for Council information, the first quarter reports (July - September 2010) relative to vacancies, new hires, reallocations and promotions, in addition to new .positions established, pursuant to Section 20 of the County,,Budget Orciinance:~ Mr.~Bynum"moved to receive Communication C 2010-301 for the record, seconded by Mr. Kaneshiro, and unanimously carried. BILL FOR FIRST READING: Vice Chair Furfaro: Mr. Clerk, did you hear my earlier statement regarding trying to get to Bill No. 2386 next? COUNCIL MEETING. - 5 - I~vember 24, 2010 Mr. Nakamura: Vice Chair, we're on page five of the council's agenda on a Bill for First Reading. This is Proposed Draft Bill (No: 2386). Proposed Draft Bill (No. 2386) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8 OF THE KAUAI COUNTY CODE, 1987, AS AMENDED, RELATING TO THE PERMITTING PROCESS FOR TRANSIENT ACCOMMODATION UNITS Vice Chair Furfaro: Thank you and this will be a referral to the Planning Commission? Mr. Nakamura: Correct. Vice Chair Furfaro: Thank you. So, I'm going to suspend the rules and ask if there's anyone here that would like to give testimony. Mr. Nakamura: We have one registered speaker, Mr. Vice Chair. Vice Chair Furfaro: And that is... Mr. Nakamura: Rich Hoeppner. Vice Chair Furfaro: Rich Hoeppner, so I'll have the registered speaker first. There being no objection, the rules were suspended. RICH HOEPPNER: Good morning. My name is Rich Hoeppner and I spent a lot of time and effort on the charter amendment that was passed in 2008: And I've read over this...this ordinance and Daryl, I want to say from one farm boy to another farm boy, I spent the first 18 years of my life on a farm and they say you can take the boy off the farm, but you can't take the farm off the boy, and with very much due respect to Councilmember Kaneshiro, this proposed charter ordinance should be voted out of existence today. The charter amendment passed overwhelmingly by the voters in 2008 deserves an ordinance to accomplish only what the charter amendment demands. Either the council has responsibility to issue permits for transient accommodation units in compliance with the Kauai General Plan or it delegates that responsibility to the planning commission via an ordinance that the General Plan be complied with. The ordinance before you today has far too many exemptions with legalese terminology allowing total negation of the charter amendment's purpose. In definitions alone there are numerous terms that have nothing to do with the charter amendment and far too many exemptions to be determined by the planning commission or the planning director with no oversight. This entire ordinance has the appearance of a way to get around the charter amendment and find ways to allow noncompliance. This charter amendment has sat idle for over two years with no action taken by this council. Why approval is necessary now via an ordinance requiring 10 pages of questionable verbiage proposed by a retiring councilmember, I question its purpose. This charter amendment is important enough that an ordinance proposing ossly what the charter amendment requires be taken up with the incoming council in December, authored and debated by them. With potential changes in the planning department, I pray that this council sets this proposed ordinance aside until December. I was here Monday for the organizational meeting and I was so impressed with the changes in procedures. I am very confident that our new council can do a better job authoring, debating and passing an ordinance that would only refer to the charter amendment and not all the extra stuff that is not needed. Now, if you'll look at...I'm sure you've all read this, the purpose of this ordinance is to authorize COUNCIL MEETING - 6 - ~wember 24, 2010 the planning commission of the County of Kauai to process and issue zoning permits, use permits, subdivision approvals, and variance permits. The new charter amendment to the charter has nothing to do with most of these items. Mr. Nakamura: Three minutes, Mr. Chair. Mr. Hoeppner: It's a very simple charter amendment and should be handled by itself. Vice Chair Furfaro: Mr. Rich, that was your first three minutes. I'm going to give you your second three minutes. I'm going to give you three more minutes (inaudible). Mr. Hoeppner: Okay, okay, I'd appreciate that. You can go through this thing and find actual illegalities. There's comments about variances, there's exemptions. The definition of a transient accommodation unit shall not include any dwelling which is restricted in the deed for the dwelling unit for use only as a primary residence and is actually occupied and used by the owner of a primary residence. No transient accommodation unit permit shall be required for any such dwelling units. Now, if I have a house with five bedrooms and I .want to make four of -those accommodation...transient accommodation units; it would not only be passed, they don't even have to apply for a permit, which is in violation of Section 319 of the charter amendment. There's a thing here that has to do with...okay, Section C, page number 7. Should an application exceed the quota established by the planning commission and the commission has not fully exhausted its option to prospectively aggregate quotas established under Section 828, the planning department shall submit a request to increase the quota. Now, if there are 30 accommodation units left, and somebody comes up with one for a 450-unit condo, according to this, they can increase the quota and pass all of them. There are so many things in here that the verbiage is just totally incomprehensible and there are too many things that allow .the charter to be violated. I've talked to you gentlemen before about how stuff flows downhill. Bush and Obama have totally subverted our U.S. Constitution with Executive Orders. The State tried to bypass all the Consti...the State Constitution requirements for environmental issues. And now we're down here where we've got an ordinance that is going to bypass and give exemptions and ways to get around our county charter. This shouldn't happen. Our county charter is our county constitution, and it shouldn't be violated, and there are too many things in this that would violate our county charter, and I can guarantee you if this should go on and pass, it will be in court because there are too many violations of our county charter that could take place with this in effect. Mr. Nakamura: Six minutes. Mr. Hoeppner: Thank you very much. Vice Chair Furfaro: Your second three minutes have expired. Mr. Hoeppner: Thank you very much. Vice Chair Furfaro: Thank you very much. Mr. Nakamura: We have a second registered speaker, Mr. Vice Chair, David Dinner. Vice Chair Furfaro: David? Good morning. COUNCIL MEETING ~ - 7 - November 24, 2010 DAVID DINNER: Good morning, thank you. What an exciting day. And forgive me for reading this. I usually like to speak extemporaneously, but there are some points here I'd really like to make and I don't want to miss them. And the first thing I want to say is several of the members of the county are leaving their positions that they've been elected to and I just want to wish them well and the very best in your new endeavors. Thanks for doing what you've done. And I'd like to take the opportunity to remind both the returning and the new councilmembers that... of some of the important history that lies behind Bill 2386, which is the bill we're talking about today. In the 2008 election, Kauai. residents voted to control the growth of transient accommodation units to a level that would be consistent with the General Plan using a formula that was outlined in the citizen-sponsored charter amendment and is now part of the county charter. The more than 64% majority of citizens who voted in favor of the charter amendment provided a clear mandate that the people of Kauai want to responsibly address the rampant growth that has been taking place on our island. As written we believe Bill 2386 is inconsistent with both the spirit and the letter of the citizen-sponsored charter amendment and the county charter. First, by altering the definition of transient accommodation unit so that the definition includes every dwelling unit including primary residences in the visitor destination areas, the bill artificially and dramatically increases the annual growth limit far beyond the level that was' envisioned in the General Plan, the citizen-sponsored charter amendment and the county charter. Second, by exempting a very large number of potential developments from annual limits, instead of granting those potential developments priorities for allocations under the annual limit, the bill would make the annual limit meaningless. It would make much developments priorities for allocations exempting them. more sense to grant these potential under the annual limit rather than Virtually all of the county councilmembers present here today and those who have been elected have expressed concern regarding sustainability on life...of life on Kauai. Sustainability is a catchword that we've all mentioned from our hearts. It's something we want. So I ask you please to keep in mind that responsibly managing Kaua`i's future growth is the ultimate sustainability issue; and that unless the future growth in Kaua`i's number one economic sector is properly channeled, all of the other sustainability related efforts that this council might undertake could be for naught. In closing, I reiterate that Bill 2386 needs major revisions, both to achieve the goals of sustainable growth and to make the bill legal under the county charter. Please take this bill into a workshop in January or as Rich mentioned defer it until a later time when you can bring it up properly so that it can be made consistent with the wishes of the electorate. I really appreciate your time today. Thanks so much. I hope you have a wonderful holiday. If I don't get to see you, which I probably won't, good luck. Vice Chair Furfaro: David, I just wanted to share something with you. Maybe I needed to clear it up earlier, but... Mr. Dinner: Okay. Vice Chair Furfaro: I think my responsibility, as well as the rest of the body here, I want to make sure you're all clear. After this first reading, we send it to the planning commission. They review it with their comments. They still have to send it back to us. COUNCIL MEETING - 8 - ~vember 24, 2010 Mr. Dinner: be sent at this point. I understand that, but I'm not even sure it should Vice Chair Furfaro: I understand your point, but our legal counsel has been advising us that we should follow this process and then it will... after being reviewed down there and having public hearings, it will then come back to the new body... Mr. Dinner: Thanks, Jay. Vice Chair Furfaro: ...that's here. I just want to make that clear. Mr. Dinner: Is that a matter of natural course or do you have a say about it? In other words, do you vote on whether you do that or not? Vice Chair Furfaro: Oh, we have the final -say, but it has been the past practice that any bills that are .introduced along this line dealing with zoning, density, and so forth have traditionally been sent to the planning commission so that the public will have an opportunity to give testimony there, and then it comes back to us. They don't approve it. And then we could schedule a workshop after that and so forth. Mr. Dinner: I understand. Do you have the capability of saying that this bill doesn't coincide with the charter and so we're not going to send it? I mean does that... Vice Chair Furfaro: You know I would say that given the depth of this as a first reading, I mean this whole process could probably take a year, and on the flip side, we could find ourselves in a situation that people could be very critical of this body that although it was scheduled, we never sent it down for public hearing. Mr. Dinner: I understand that. Vice Chair Furfaro: You know, it's not awin-win process. It's... Mr. Dinner: Often the case. Vice Chair Furfaro: ... maybe I shouldn't have said that, but let me give the floor to Mr. Bynum. Mr. Dinner: Thanks. Vice Chair Furfaro: I just want to make sure I clarify that for the audience. So Mr. Bynum, did you have a question for David? Mr. Bynum: Yeah, I just...real briefly I thank you for your thoughtful testimony and can you give us a copy of your written testimony? ~.. Mr. Dinner: I did. I handed it in. Mr. Bynum: I haven't seen...okay, thank you very much. Mr. Dinner: Yeah, thanks, Tim. Mr. Kaneshiro: Mr. Chair, if I may? COUNCIL MEETING ~ - 9 - November 24, 2010 Vice Chair Furfaro: Oh, yes, go right ahead, Mr. Kaneshiro. Mr. Kaneshiro: I also wanted to explain that if we refer this to the planning commission, this would set the motion of the planning commission working, you know, with the planning department to start to identify the number of TAUS so we can start...they can start the process is what I'm saying. So we need...we still need to get to that point. And with this bill being referred there, this would start the process. So as the new council comes in, this bill would finally come back to the new council with numbers and at that time could be debated upon. Currently we don't even have numbers in here, but this would start the process. Mr. Dinner: I understand. Mr. Kaneshiro: So it's a method of... how do we start the process, get it going, let's get the process going. I know it took some time, but you know we had our county attorneys reviewing this for a long time too. We want to make sure everything...we understand the charter and this is the start of the process. Mr. Dinner: I appreciate that explanation, Daryl. Thank you. Mr. Kaneshiro: Thank you. Mr. Dinner: My only point is that this is the last day of this council and it seems so much more appropriate to bring something like this to the front at a time when the new council takes place. Vice Chair Furfaro: I just want to make sure you understood. The bill will come back to the new council. Mr. Kaneshiro: Given that, even the new council will probably just refer it to the planning commission. You see, that's the process is what I'm saying, so sometime the process has to start. Mr. Dinner: Yes, but if the new council were... Mr. Kaneshiro: And they'll work on it. They'll act on it. Mr. Dinner: If it were started by the new council, it would be a different bill. that. Mr. Kaneshiro: I'm not certain about that. I'm not certain about Vice Chair Furfaro: This is what came to us. David, let me ask you something. Your stationery indicates that you're also representing a Thousand Friends, but did you say that in your testimony? Mr: Dinner: You know, I'm sorry I -neglected • to say I'm representing a Thousand Friends, The Coalition for Responsible Government, and the Sierra Club. So, thanks. Thanks for saying that. Vice Chair Furfaro: We just want to put that in the record. Mr. Dinner: I appreciate it. Vice Chair Furfaro: Thank you. COUNCIL MEETING. - 10 - ~vember 24, 2010 Mr. Bynum: Vice Chair Furfaro Thank you. Barbara Robeson. BARBARA ROBESON: Thank you, Councilmembers and Chair Furfaro, Barbara Robeson for the record. I just have a few general comments. First of all in 2008 there were 14,000 voters who voted in favor of this bill and 7800 who voted against the bill, so that kind of gives you the proportion of people who were in favor and not. And when I took a quick review and compared .the charter amendment language to the language in the bill, I believe there are language inconsistencies and they...they're in conflict with one another. So, I hope that as this moves forward to the new council, the planning commission, back to the council, that you correct those legal issues that I'm sure will be coming up. Thank'you very much. Mr. Bynum: Thank you. Vice Chair Furfaro: Would the clerk's office please make note of a communication from this body saying that we would like some kind of a comparison on the language uses and terminology in comparing the original ordinance and this bill? Mr. Nakamura: So noted, Vice Chair. Vice Chair Furfaro: Thank you so much. Ken? KEN TAYLOR: Chair and Members of the Council, my name is Ken Taylor. I have to say that I'm finally glad to see something happening after two years of the voters speaking. Unfortunately as it's been mentioned by other speakers that there's real question as to how this is being brought forth. It's really disappointing that after a vote of the people in the large 2:1 vote that took place two years ago, that it's taken all this time to get it to even this point. And I think it's really important that you listen to individuals that were very involved in bringing this to the voters in the first place. It's important that you listen to them and that you defer this to a later date and start the process over because I do believe, as has been said, that it leaves a lot to be desired to even start the process. And again it's just...it's...I know government moves slow and deliberately and that's good, but two years after the voters have spoken to just now get started on this process, that's ridiculous. That's a little too slow and it's been in my mind and others that I've talked to in the community that it's not been dealt with over the last two years because you all didn't really want to deal with it and you were unhappy that the voters put this in your laps. Vice Chair Furfaro: Ken... Ken, I want to guide you here. Before you put words in the body's mouth of what we wish and would not wish, I want to let you know, you have no idea of the dialogue that happens with me, with the planning department as the planning chair, and getting us to this point. So I just want to make sure you understand that. Some of your assessments are correct. It topk..a long time. But your other assessment that. we didn't .want to do,;it, that. we didn't' meet with anybody, you know, please be a little bit more reasonable because you don't know that to be a fact. That's Kaipo's word (inaudible). Mr. Taylor: I can only speak as to how I feel and how I feel you can't change, unfortunately. And because you do things behind the scenes and we don't know what's going on, we don't get reports, we don't get items... updated items on the agenda from time to time, there's no way in the world that we can come before you with a public comment period and ask what is the status. And so it is COUNCIL MEETING ~ - 11 - • ember 24, 2010 confusing and difficult, and if we have. strange ideas that don't agree with what you have done, it's not our fault. It's your fault for riot keeping us abreast of what's going on. Thank you. Vice Chair Furfaro: Hey Ken, I just want to let you know, I take responsibility if you think there was fault here, but I also thank you for expressing those opinions as being your feelings now rather than fact. Thank you. Do we have another speaker please? Come right up. GLENN MICKENS: For the record Glenn Mickens. Thank you, Jay. Just briefly as David asked, I totally agree. Why was this process even started if in fact it violates our charter? If I understand, Daryl and Jay, what you were saying, the process is structured the way it is and that's the way it plays itself out. But again, why was the process even started? Who started and why? I guess, that's the biggest question in the public's mind. You know, if the charter specified a certain thing, we haven't been abiding by it for two years as Rich is pointing out, so at this stage of the game, why are we doing something to change it? Vice Chair Furfaro: That again was his opinion. A lot of this has been reviewed through our legal department who has acknowledged we need to go through this process and recognize the requirements in Chapter 8. I hope that answers you. Mr. Mickens: Sure, but as Ken was pointing out, we're not privy to that information, so all we can do is read what the Garden Island puts out and what we hear. So if we're not privy to information, we can't respond properly to what you're saying. So, maybe it would be a good idea if the, you know, -the information department passed this information along to the public. Thank you, Jay. Vice Chair Furfaro: Thank you for that point. We have representatives here from the Garden Island and I'm sure they'll be very sensitive to your comments about their communication, so. (Laughter) Mr. Mickens: Thank you. Vice Chair Furfaro: Come right up, please. LONNIE SYKOS: For the record, my name is Lonnie Sykos. I think that the county council should put off moving this forward and start over. And I have a different rationale than the other people. The systemic legal issues and all of that is one thing. If this county .council and if the county government is serious about land use control, one of your imperatives is that land use has to become predictable and it has to have stability built into the system. And so the fact that this bill is complex and starts out by providing a bunch of backdoor mechanisms to avoid what the central theme is, which is prohibition of activity, and then opening up multiple backdoors to allow it, is self-defeating for the larger picture of predictability and stability for land use. And so that's my observation: I thank Daryl for creating the bill and bringing it forward because there are a lot of vested interests, and so all of these need to be addressed, but the final products have to be simple. If these issues cannot be resolved with a series of very simple resolutions, then all that's ever going to occur is crooking land use to make easy profits. And so agriculture and all the rest is never going to develop well because of these outside pressures. . Vice Chair Furfaro: Thank you, Lonnie. COUNCIL MEETING. - 12 - ~vember 24, 2010 Mr. Sykos: Thank you for looking into this because these are brutally complex subjects and I thank you. This is not a criticism of you and your bill. You're dealing with one set of realities and I'm dealing with a different set of realities. Thank you very much. Vice Chair Furfaro: Thank -you, Lonnie. .Seeing no other individual... oh, Mr. Shigemoto. TOM SHIGEMOTO: Thank you, Councilmembers. For the record, my name is Tom Shigemoto. I had no intent of saying anything. But I think I have to represent the opposite side on this...on what's been said so far. I represent the development community. I'm not a registered lobbyist. But I support the movement towards getting some resolution to this charter amendment. There has to be a start. Now, if you read the language or what was adopted, it's very loose, very broad, and there's no guidelines for anybody to use in determining growth...establishing the base, establishing what that 1.5 time growth limit should be. And how do you start the dialogue? The proponents of the charter amendment could have worked with any member of the council in getting something drafted to start the process. Okay? We have been looking long and hard in trying to understand this and in as much as I represent the development community, this charter amendment affects every single small land owner that has a rental on their project. I don't think the public understands that because. if it's not your primary residence, it will count as a transient accommodation unit. And how many of those units are out there to start as a base? The planning department doesn't know. They have to start the process to go and do these studies. Coming from a... as a former planning director, if I was in office when this charter amendment was passed, I'd go crazy trying to figure out how would my department be able to implement the intent of that ordinance with the loose, broad guidelines that the charter amendment proposed. Now, I understand where, you know, the proponents of the charter amendment are coming from and I think they think that, you know, this is going to be passed, but I think... as I said from the planning perspective, it provides them a basis or some guidelines to start implementing the ordinance. And then this is...by far, this isn't the end and you know it's coming back to the new council because it will not be able to, you know, be entertained by this council. And I think from where I stand, we want some kind of direction. We want some kind of resolution to the charter amendment so that we know how we can proceed in our developments. And pure and simple, I think this is just the start of the process. I think this is something that should be moved forward regardless of who entertains it and the dialogue will continue and I'm sure that the proponents of the charter amendment will be heavily involved in that total process and all the things that they're concerned about, the conflicts in interpretation, the language, all of that should be ironed out with the new council. Thank you. Vice Chair Furfaro: Thank you. Tom, we have a question, Tom. Mr. Bynum: Tom, real quick, Tom. Thank you. I just wanted to point out and see if you agree that there's areas of agreement and I think there's two.: , Oners. that this is a complex issue. . , , . , . Mr. Shigemoto: Absolutely, absolutely. Mr. Bynum: The other is that what...that there's a need for predictability and stability in our land use policies. I'm sure you agree with that too. Mr. Shigemoto: As I said, coming from the planning background, yes, you do want predictability. COUNCIL MEETING • - 13 - November 24, 2010 Mr. Bynum: And Ididn't -want .to miss the opportunity to say that there are common goals here, that we address this complex issue, that you want it addressed, the proponents of the charter amendment want it addressed, I think councilmembers want it addressed, and that we need, at the end, to have predictability and stability in our land use issues so the public understands and so the development community understands. And I think those are big areas of common agreement. I just wanted to take the opportunity to point that out. I appreciate your testimony today. Mr. Shigemoto: Thank you. Vice Chair Furfaro: Thank you, Tom. On that note, I'm going to go ahead and call the meeting back to order. There being no one else wishing to speak on this matter, the meeting was called back to order, and proceeded as follows: Vice Chair Furfaro: Again, thank you for your comments, Mr. Kaneshiro and Mr. Bynum. And some that I pointed out the...you know this is the start of the process. This is a requirement of Chapter 8. The fact of the matter that the starting inventory and an equation that equals what 1.5% really needs and the fact that this will trigger public hearings are all pretty much laid out here. But this is the beginning of the process. Mr. Bynum. Mr. Bynum: Now that we have called the meeting back to order, I want to say I appreciate all of the testimony that came today. But I also want to... the action today is to refer this to the... Vice Chair Furfaro: Planning commission. Mr. Bynum: ...to the planning commission. You know, I didn't see this bill until it came out on the agenda last Thursday, but I think...I've been a long proponent of any councilmember can introduce any bill or resolution, and it will have a start and it already has brought people to the table to start addressing this issue. I understand the frustration that comes from the community that two years have passed. I understand the frustration of the community that generated this charter amendment to begin with, that there were calls for growth management policies for that predictability and stability in our land use policies, and out of that frustration, I believe that this charter amendment was brought forward. I'd also like to point though that the charter amendment is in effect and it is the law of the land, and it gives us two options. It says either... if accommodations are approved, they come to this body or we delegate that responsibility to the... And so even though it's been two years, it doesn't mean that the law's not in effect. I'm going to support sending this to the planning commission today becausE we need to have this dialogue. It is a very complex issue. This council has worked on it at some level, but boy, we've had a really challenging couple of years. The economy turned, changed dramatically. We've had lots of challenges. We had a county attorney that...office that devoted additional personnel to planning issues because of the need for that, and you know, it's kind of like where do you start with the priorities? Government does take some time. You know, a few months ago I introduced land use bills that didn't get referred and I was critical of that and I don't believe it was appropriate because the community should have an opportunity. If the bill has things as was alleged today that are charter...in conflict with the COUNCIL MEETING ~ - 14 - ~vember 24, 2010 charter, our attorneys will inform us of that and public testimony will (inaudible), we'll have to deal with it. In the long run, we may choose to not have this bill and start over or we may choose to have this bill that has a process that amends to address the concerns of the community, but I just wanted to put that in perspective and say I'm going to always support any elected member of this body putting a proposal before the public process, and I have faith in that public process to address the majority of concerns. And I recognize that we all represent...there's avariety of opinions on this issue, and any councilmember has a right to put forward proposals for their constituents, so. But as you aptly pointed out, you know, this is just a referral to planning. They may say, eh, this bill's great and we think it's wonderful or they may say this bill is, you know, worthless. But regardless; it'.s going to come back here. And we can scrap it and start over, but that's not a decision that, in my opinion, should get made today. Vice Chair Furfaro: Thank you, Mr. Bynum and thank you for pointing out...you know, we will be revisiting the rules on December 1. We also have had your bills supported by the body to at least be introduced, and so I concur with that. Any other discussion from any other members before I ask fora .motion? (Silence.) Hearing none, may I entertain... someone entertain a motion? Mr. Bynum: Move to refer to the planning commission. Vice Chair Furfaro: Thank you. Mr. Kaneshiro: Second. Vice Chair Furfaro: Thank you, Mr. Kaneshiro. Any further discussion? (Silence.) If not, all those in favor signify by saying aye. Councilmembers: Vice Chair Furfaro Aye. Thank you very much. Mr. Bynum moved to refer Proposed Draft Bill (No. 2386) to the Planning Commission, seconded by Mr. Kaneshiro, and unanimously carried. Vice Chair Furfaro: Ineed atwo-minute recess just to go over the calendar here with the clerk. We're in atwo-minute recess. There being no objection, the meeting was recessed at 11:40 a.m. The meeting was called back to order at 11:44, and proceeded as follows: COMMUNICATIONS: Vice Chair Furfaro: Okay, can we read communication .2010 from the office of economic development? That's on page one, folks. We're back there. Mr. Nakamura' ~ ` ` ~ Vice Chair, we're on page one of the council's agenda for Communication C 2010-300. C 2010-300 Communication (10/29/2010) from the Director, of the Office of Economic Development, requesting agenda time to present the Kauai Economic Development Plan Update/Comprehensive Economic Development Strategy (CEDS) 2010-2015. COUNCIL MEETING ~ - 15 - N-ovember 24, 2010 Vice Chair Furfaro: Thank. you. May I ask Mr. Costa from economic development? I'm going to suspend the rules. This is a pretty comprehensive piece, so I'm going to ask you if you can just go through some highlights for us so the members can digest this and then perhaps we'll re-agenda it...if that's okay with the members. Councilmembers: Yeah. Vice Chair Furfaro: Okay. Mr. Bynum: We're going to come back to this for a more detailed discussion (inaudible). Vice Chair Furfaro: Yeah, at a later meeting, yeah. Mr. Kaneshiro: With the new council. Vice Chair Furfaro: Yeah. There being no objection, the rules were suspended. GEORGE COSTA, Director of the Office of Economic Development: Aloha Councilmembers, for the record George Costa, Director for the Office of Economic . Development. We are here today to present the Kauai Development Plan Update 2010-2015, Kaua`i's Comprehensive Economic Development Strategy Report, otherwise known as CEDS. The original Kauai Economic Development Plan was written in 2004. Six years ago the focus of the plan was intended to serve as Kaua`i's economic development roadmap `and guide all stakeholders who have an influence on Kaua`i's economic future. In 2004 our economic landscape was very different from what we're experiencing today. Our visitor industry was thriving, unemployment hovered slightly above 2%, and construction and the real estate markets thrived as well. With our main economic engine running smoothly, the focus of the CEDS was to look at diversifying our economy and focus on other industry clusters. Economic development is defined in this plan as a process of positive change in the production, distribution, or consumption of goods and services. This update identifies key assets, resources and action needed to increase wealth and prosperity on Kauai. Key community values articulated in the Kauai General Plan 2000 formed the foundation for this plan. In 2004 the Office of State Planning contracted with Mattie Yoshioka and her staff of the Kauai Economic Development Board or KEDB to draft and implement Kaua`i's Comprehensive Economic Development Strategy 2005-2015. The U.S. Department of Commerce, Economic Development Administration or EDA funds economic development initiatives throughout the country. As described earlier, this plan serves as Kaua`i's comprehensive economic development strategy, the official document the EDA uses to screen projects. for funding consideration. Funding from the Department of Commerce, Economic Development Administration, Office of State Planning and the County, of Kauai allowed us to retain the services of 3Point Consulting to analyze industry cluster data and NKN Project Planning to facilitate meetings and prepare this update. On behalf of KEDB and the county office of economic development, we would like to acknowledge the leadership of Mayor Bernard Carvalho and the Kauai County Council for their supporting this update. I would also like to acknowledge the CEDS committee comprised of 31 members throughout our community...business community and community-at-large. During this update, we focused on industry clusters and put together focus groups consisting of 62 members of our business and community-at-large. Those industry clusters included food and COUNCIL MEETING - 16 - ~vember 24, 2010 agriculture, health and wellness, sports and and technology; and sustainable technologies diversifying our economy and job preservation island lifestyle, Kaua`i's natural beauty, and forefront of all of our discussions. recreation, culture and arts, science and practices. Besides our focus on and creation, we've always kept our the aloha spirit of its people at the At this time, because o£..we had a detailed PowerPoint presentation to provide and in the essence of time, we'd like to ask for another opportunity, maybe a month from now, when we have the new council, to take that time to make a formal presentation. But at this time, I'd like to acknowledge two key members, again both Mattie Yoshioka of KEDB and Nadine Nakamura of NKN Project Planning, for their leadership and yeoman's work in the guiding of the CEDS update process, which included many of our island leaders in the business, non-profit, and general community, and also providing the roadmap for the next five years in creating our economic development strategy. On a personal note, I'd like to take this opportunity to thank Councilwoman Kawahara, Councilman Kaneshiro, and Council Chair Asing for your dedication to public service for our island community. Best wishes and good luck in your future endeavors. And also on behalf of the county office of economic development, I'd like to extend our wishes for a Happy Thanksgiving to all of you here today and to Kaua`i's residents and visitors. And again, malialo nui loa and I look forward to our formal presentation in the future. Vice Chair Furfaro: Thank you very much, George, and I appreciate the fact that you concur that we can move this into another session two weeks from now. But I do want to ask you to pursue a document like this because in our new council make-up, councilwoman-elect Nakamura will become the vice chair of Mr. Chang's committee, and I just want to make sure we have a moment to talk that through with the county attorney... Mr. Costa: Okay. Vice Chair Furfaro: ... if there is any need for any discussion about her role as vice chair of that committee. I have time for a question from Mr. Bynum before you leave, hold on. Mr. Bynum? Mr. Costa: Sure. Mr. Bynum: Just a short comment. This is very exciting. I look forward to the detailed presentation. I was thinking Ms. Nakamura's transition, just because the report is done, right, and her transition onto the council is good for all of us and I also appreciate Councilmember Kawakami's work on this committee and I think it's a...,you know, I think we're all excited. There's a reason that Nadine is vice chair of economic development, you know, because this provides a really good blueprint for us moving forward on some really exciting initiatives, so thank you very much. Mr. Costa: Thank you. And I too would like to acknowledge Nadine Nakamura's, as I mentioned, yeoman's work because a lot of effort went into this. It, you know, was asix-month process and what was really, I guess, rewarding about this experience was that besides the members of the CEDS committee, we formed focus groups for each one of those industry clusters, and each focus group COUNCIL MEETING - 17 - November 24, 2010 had three meetings. So; you know,. we 'had a total of almost two dozen meetings over those six months. And so what we have in our update is a really good collaboration not only from committee members but from the community-at-large on which projects for economic development, job creation, and job preservation are important to all of us. So, I just wanted to acknowledge Nadine on that. Vice Chair Furfaro: Well, we certainly appreciate that, but I think it just would be appropriate for you to make a query with the county attorney's office and... Mr, Costa: Okay Vice Chair Furfaro: ... it is an excellent piece. And Mr. Bynum, thank you for acknowledging Mr. Kawakami's participation, but we'll probably end up deferring this to... rather new... a future, but a new agenda with the new council. Mr. Costa: Okay. Vice Chair Furfaro: Any other questions? If not, I'll let you go. Are there any... Mr. Costa: Thank you. Vice Chair Furfaro: Anyone from the audience that would like to speak on this item? It will be rescheduled. If not, I'll call the meeting back to order. There being no one else wishing to speak on this item, the meeting was called back to order, and proceeded as follows: Vice Chair Furfaro: Can I have an appropriate motion to... Mr. Kaneshiro: Motion to receive. Vice Chair Furfaro: Okay. Mr. Bynum: To receive or to...we'll repost. Vice Chair Furfaro: It'll come back with a receipt. Mr. Chang: Second it. Vice Chair Furfaro: Okay, so we have a motion to receive and a second. Any further discussion? (Silence.) If not, all those in favor please signify by saying, aye. Councilmembers: Aye. Mr: Kaneshiro moved to receive Coiumunication C 2010=-300 for the record, seconded by Mr. Chang, and unanimously carried. Vice Chair Furfaro: that I had mentioned earlier. LEGAL DOCUMENT: Mr. Nakamura document. Thank you very much. We'll go to the next item Vice Chair, I believe that would be the legal COUNCIL MEETING. - 18 - ~vember 24, 2010 Vice Chair Furfaro housing effort. Yes, the legal document associated with the Mr. Nakamura: Correct. If we could go to page three of the council's agenda under Legal Document, this is communication C .2010-311. C 2010-311 Communication (11/12/2010) from the Director of Housing, recommending Council approval of the conveyance of 4.080 acres of real property to the County for the development of affordable rental units at Pa`anau Village - Phase 2. • Limited Warranty Deed by Kukui`ula Development Company (Hawai`i), LLC (Grantor) conveying to the County of Kauai (Grantee) Lot No. 4-B, Subdivision 5-2007-20, TMK (4) 2-6-15-20, Pa`anau Village -Phase 2. Vice Chair Furfaro: Thank you. I'm going to ask to .suspend the rules. think we have Mr. Frazier here. Do we:..did we not? Mr. Nakamura: I think he left, Vice Chair. Vice Chair Furfaro: Well, I guess not. (?): The motion is to approve? Vice Chair Furfaro: The motion here is to approve. I don't know if all of you have had an opportunity to go through Phase 2 of Pa`anau, but this is a very reasonable kind of partnership, I would say, in our efforts to get some expansion on this LLC grantor's conveyance to the County of Kauai Lot 4-B. Oh, okay, I will ask then if we can suspend the rules if Mr. Shigemoto has any expanded information he can share with the group here. Thank you, Tom. There being no objection, the rules were suspended. TOM SHIGEMOTO: This was the real reason I came this morning. Vice Chair Furfaro: Oh, we should have just called you up earlier. Mr. Shigemoto: Well, thank you very much for this opportunity to explain a little bit about this conveyance. As you know as part of our zoning amendment for Kukui`ula back in 2004 we had a condition of conveying some four acres plus adjacent to Pa`anau Village in Koloa. And after many years of working with the county and...we finally were able to get this subdivision approved and have dealt with the housing agency and are now ready to convey this property to the county free of charge, as was conditioned, for affordable housing. Vice Chair Furfaro: Mr. Shigemoto? Having none, Thank you. Is there Tom, thank you very much. any questions of Mr. F3ynum: Mr. Shigemoto: Ms. Kawahara: Vice Chair Furfaro: Thank you very much. You're welcome. Thank you. Thank you. I'll go ahead and call the meeting back to order. COUNCIL MEETING ~ - 19 - • ember 24, 2010 There being no questions of Mr. Shigemoto and no one else wishing to speak on this item, the meeting was called back to order, and proceeded as follows: Vice Chair Furfaro: I need a motion to approve. Mr. Bynum: So moved. Vice Chair Furfaro: Thank you, may I have a second. Mr. Chang: Second it. Vice Chair Furfaro: Thank you. Since this is a legal document this is going to require a voice vote, no? Mr. Nakamura: Just a voice vote. Vice Chair Furfaro: Voice vote, okay. So may I ask you to then read out the roll call for a voice vote. Mr. Bynum moved to approve Legal Document C 2010-311, seconded by Mr. Chang, and carried by the following vote: FOR APPROVAL: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami AGAINST APPROVAL: None EXCUSED & NOT VOTING: Asing Mr. Nakamura: EXECUTIVE SESSION: Six ayes, Mr. Vice Chair. TOTAL - 6, TOTAL- 0, TOTAL- 1. Vice Chair Furfaro: Thank you. I would like to ask if we could have about a 5- to 10-minute executive session on the item coming up on our calendar, and if I could have the county attorney up, I'd appreciate that. Thank you, Amy. There being no objection, the rules were suspended. AMY ESAKI, First Deputy County Attorney: Amy Esaki. I'm going to request to go into executive session and this is pursuant to Hawaii Revised Statutes Section 92-4, 92-5(a)(3) and (4), and also the Kauai County Charter Section 3.07(E). The purpose of this executive session is to provide council with a briefing and consultation and also for council to deliberate regarding the resolution authorizing the acquisition of fee simple interest in lands required for public use which is an addition to the public park system situated in Hanalei, District of Halele`a, County of Kauai, and determining and declaring the necessity of the acquisition by eminent domain and related matters, and concerning the authority of persons designated by Council to negotiate the acquisition of public property or during conduct of such negotiations and to consult with our legal counsel onfiissues pertaining to the council's powers, duties, privileges, immunities, and/or liabilities. ES-474 Pursuant to Hawaii Revised Statutes Sections 92-4 and 92- 5(a)(3) and (4), and Kauai County Charter Section 3.07(E), the purpose of this executive session is to provide Council with a briefing and consultation and for Council to deliberate regarding a Resolution Authorizing the Acquisition of Fee Simple Interest in Lands Required for Public Use to Wit: An Addition to the Public Park System, Situated at Hanalei, District of Halele`a, County of Kauai, Hawaii and Determining and Declaring the Necessity of the Acquisition Thereof by COUNCIL MEETING • - 20 - ~vember 24, 2010 Eminent Domain, and related matters concerning the authority of persons designated by the Council to negotiate the acquisition of public property or during the conduct of such negotiations and to consult with the Council's legal counsel on issues pertaining to the Council's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. 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: Vice Chair Furfaro: Thank you very much. I would like to see if we can have a motion so that we can break from this room for about 10 minutes to review this legal activity. Mr. Bynum: So moved. Mr. Kaneshiro: Second. Vice Chair Furfaro: Thank you. All those in favor say aye. Councilmembers: Aye. Mr. Bynum moved to convene in executive session on item ES-474, seconded by Mr. Kaneshiro, and unanimously carried. Vice Chair Furfaro: Okay, we are going to go into executive session. For the audience, I suspect we will be about 10 minutes. The meeting was recessed at 12 noon to move into executive session. The meeting was called back to order at 12:17 p.m., and proceeded as follows: . Vice Chair Furfaro: County Clerk, I'm going to call the meeting back into order, could you read the next item please. RESOLUTION: Mr. Nakamura: Vice Chair, following the executive session item, we are now on a Resolution on page five which is Resolution No. 2010-59. Resolution No. 2010-59, RESOLUTION AUTHORIZING THE ACQUISITION OF THE FEE SIMPLE INTEREST IN LANDS REQUIRED FOR PUBLIC USE TO WIT: AN ADDITION TO THE PUBLIC PARK SYSTEM, SITUATED AT HANALEI, DISTRICT OF HALELE`A, COUNTY OF KAUAI, STATE OF HAWAII, AND DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION THEREOF BY EMINENT DOMAIN Vice Chair Furfaro: So I'm going to susp'end' the 'rules on this item if there's anyone that wants to speak. There being no objection, the rules were suspended. Vice Chair Furfaro: Is Mr. Sheehan here? Did he want to speak? No? Okay. Seeing no other speakers on that particular item, I'm going to call the meeting back to order and ask Mr. Kaneshiro if he'd like to make the appropriate motion on this resolution. COUNCIL MEETING ~ - 21 - November 24, 2010 There being no one wishing to speak on this item, the meeting was called back to order, and proceeded as follows: Mr. Kaneshiro: Thank you, Vice Chair Furfaro. The appropriate motion at this time is to move to lay over the resolution, which is Resolution No. 2010-59, until January 12, 2011 and to authorize the publication of the resolution at least 14 days prior to the January 12, 2011 Council meeting, with said publication to take place on any day except a Sunday or legal holiday in accordance with Kauai County Charter 4.02.I and Section 101.13 of the Hawaii Revised Statutes. Vice Chair Furfaro: Thank you, Finance Chair. May I have a second. Mr. Kaneshiro: So I need a second for that motion. Mr. Bynum: Second. Vice Chair Furfaro: Thank you, Mr. Bynum. Mr. Kaneshiro: And this would start the process. Vice Chair Furfaro: Yes. Is there any further discussion? I£..this is a roll call, please, I believe. Mr. Clerk, may I have a roll call vote? Mr. Kaneshiro moved to lay over Resolution No. 2010-59 until January 12, 2011 and to authorize the publication of the resolution at least 14 days prior to the January 12, 2011 Council meeting, with said publication to take place on any 'day except a Sunday or legal holiday in accordance with Kauai County Charter Section 4.02.I and Hawaii Revised Statutes Section 101.13, seconded by Mr. Bynum, and carried by the following vote: FOR LAY OVER: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, TOTAIr-6, AGAINST LAY OVER: None TOTAL-0, EXCUSED & NOT VOTING: Asing TOTAL-1. Mr. Nakamura: Six ayes, Mr. Vice Chair. COMMUNICATIONS: Vice Chair Furfaro: Thank you very much. I would like to read the next item and I think we're expecting someone to come over from the Administration regarding the Salary Commission proposals? Mr. Nakamura: Yes, Vice Chair, at this time maybe we can go to page two of the council's agenda and work on some of the approvals. On page two of the council's agenda, communication for approval, Communication. C 2010-302. C 2010-302 Communication (10/26/2010) from the Director of Parks and Recreation, requesting Council approval to accept the donation of a 3' x 6' table from the Kauai Filipino Chamber of Commerce, valued at $300.00, that will be used at the Wailua Golf Course for a variety of meetings and gatherings: Mr. Bynum moved to approve communication C 2010-302 with the appropriate thank-you letter to go to the Kauai Filipino Chamber, seconded by Mr. Chang, and unanimously carried. COUNCIL MEETING. - 22 - ~vember 24, 2010 Vice Chair Furfaro: Mr. Nakamura C 2010-303. Thank you. We'll continue here. Next matter for approval is communication C 2010-303 Communication (10/26/2010) from the Director of Parks and Recreation, requesting Council approval to accept the anonymous donation of five (5) picnic tables, valued at $2,000.00, which will be placed at various parks on the island: Mr. Chang moved to approved communication C 2010-303, seconded by Mr. Bynum, and unanimously carried. Vice Chair Furfaro: Thank you. Next item? Mr. Nakamura: Next communication for approval is communication C 2010-304. C 2010-304 Communication (11/01/2010) from the Director of Parks and Recreation, requesting Council approval to receive and expend additional Emergency Contingency Funds (ECF) Temporary Assistance for Needy Families (TANF) funds in the amount of $16,552.15 to provide supplies, equipment, and meal service for the 2010 Summer Enrichment Program: Ms. Kawahara moved to approve communication C 2010-304, seconded by Mr. Chang, and unanimously carried. Vice Chair Furfaro: May we continue down this page since we're here? Thank you. Mr. Nakamura: Vice Chair, next communication for -approval is communication C 2010-305. C 2010-305 Communication (11/10/2010) from the Kauai Emergency Management Officer, requesting Council approval to receive and expend FY 2010 Homeland Security Grant Program Funds via State Civil Defense totaling $931,487.00 for the following programs: (1) FY 2010 State Homeland Security Program ($906,508.00) to provide the County of Kauai with funding for planning, equipment, training and exercises to support emergency preparedness, prevention, response and recovery; and (2) FY 2010 Citizen Corps Program ($24,979.00) to provide training for the County of Kauai Citizen Corps volunteers in supporting shelter management operations. Mr. Bynum moved to approve communication C 2010-305, seconded by Ms. Kawahara, and unanimously carried. . .Vice Chair Furfaro: Thank you. Can we go to 306? Mr. Nakamura: On the bottom of page two, a communication for approval, communication C 2010-306. C 2010-306 Communication (11/15/2010) from the Prosecuting Attorney, requesting Council approval for the following: COUNCIL MEETING ~ - 23 - November 24, 2010 (1) To apply for, receive, and expend federal funds from the FY 2007 Edward Byrne Memorial Justice Assistance Grant in the amount of $130,447.00, to be used during the period January 1, 2011 to August 31, 2011 for digitizing closed files; and (2) To indemnify the State of Hawaii, Department of the Attorney General. Ms. Kawahara moved to approve communication C 2010-306, seconded by Mr. Chang. Vice Chair Furfaro: May I ask if there's anyone in the audience that wishes to speak on this item? Lonnie, please come forward. I'll suspend the rules. There being no objection, the rules were suspended. LONNIE SYKOS: For the record Lonnie Sykos. If you'll allow this...one of the questions that I thought about when I read about the prosecuting attorney's office getting federal funding is a generic question of does either KPD or the prosecuting attorney's office have a backlog of evidence from criminal cases that they either lack funding or the ability to get it out to have it analyzed? This is a big problem in some jurisdictions on the mainland, that they discover they have thousands, tens of thousands of rape cases in particular, but property theft and things, the funding to get fingerprint studies done or whatever. My question is is there a backlog of evidence that needs to be dealt with that maybe we could get some funding applied to or hopefully there is none and it's a moot point? Vice Chair Furfaro: Well, I would say there is always room and our prosecuting attorney's office has done an exceptional job recently in getting us current on many of our items that would deal with retention... appropriate retention of material that are for future cases and so forth. But we have always used this money to stay on top of it. Could we fall back if we didn't get it? It's possible. Mr. Sykos: Right, so I... it's my generic question because there's really no other place to ask the question. The police department, obviously, is loathed to answer because it might have implications in future criminal cases. Vice Chair Furfaro: I think I've said what I possibly could say, but currently this keeps us in a pretty good position financially to maintain what we need to maintain appropriately. Mr. Sykos: All right, thank you very much. Vice Chair Furfaro: You're welcome, Lonnie. Seeing no one else that wishes to speak on this item... There being no one else wishing to speak on this item, the meeting was called back to ordei°, and proceeded as follows:. Vice Chair Furfaro: I'm sorry, did we have...we had a motion from... you, Lani? Ms. Kawahara: Moved to approve. Vice Chair Furfaro: That's right, we had a motion and a second to approve. Might I ask everyone if there's no further discussion, to...for a call, all in favor say... COUNCIL MEETING. - 24 - ~vember 24, 2010 Councilmembers: Vice Chair Furfaro Aye. Thank you. The motion to approve communication C 2010-306 was then put, and unanimously carried. Mr. Nakamura: At this time, Mr. Vice Chair, we're on page three of the council's agenda, on communication C 2010-308. C 2010-308 Communication (11/03/2010) from the First Vice Chair of the Kauai Salary Commission, transmitting for Council consideration, Salary Commission Resolution No. 2010-1, relating to the salaries of certain officers and employees of the County of Kauai, which was adopted by the Salary Commission at its November 3, 2010 meeting. .Salary Commission Resolution No. 2010-1 Vice Chair Furfaro: Thank you. I would like to acknowledge that Mr. Isobe is here with us and I do know that we have Councilmembers that have questions on this, so I'm going to first suspend the rules, ask Mr. Isobe if he could come and join us as we do have some questions. There being no objection, the rules were suspended. JOHN ISOBE, Executive Assistant to the Mayor, and Boards and Commission Administrator: Good afternoon, Councilmembers, for the record my name is John Isobe. I'm the executive assistant to the Mayor and the administrator for the office of boards and commissions. Vice Chair Furfaro: Thank you for being here, Mr. Isobe. Councilwoman Kawahara, I believe you do have the floor. I'm going to give it to you and you can start with your questions. Ms. Kawahara: Okay. It's...I think it's just one question. I was curious about what kind of discussion there was at the salary commission regarding the unusual situation that we're in with furloughs and asking for salary increases in the middle of that because I'm sure you guys had discussions and how did that work and get justified? Mr. Isobe: Well, just for some background, the situation that the salary commission was looking at was the fact that in December of 2009 certain officers and employees of the county received raises, and part of those raises at that point in time, the Mayor had made a request that the administration...the administrative cabinet's raises be deferred, I believe, until December of 2010. So, in essence what the salary commission has done is rather than move forward with the raises in December of 2010, they've delayed it even. further to July of 2011. So these are not raises that are new. These are proposed increases that have in fact been delayed since 2009 where certain members of the county have already received their raises back in 2009. Ms. Kawahara: Okay, thank you. Thank you. Actually that clarifies things for me. The only...yeah, I guess that's good, that's good to know. Vice Chair Furfaro: Let me go to Mr. Bynum. I think he had his hand up as well. Mr. Bynum? COUNCIL MEETING ~ - 25 - • ember 24, 2010 Mr. Bynum: Yeah, I posed some questions to the county attorney earlier and I believe I have them answered, so I just want to go over my understanding and get your confirmation that we're...I got it right at least from your perspective, and you already said some of it. Salary commission, at the request of the Mayor, delayed salary increases for department heads and other appointed members until December 2010. So if the council didn't accept this proposal, those would go into effect. The salary commission now has said delay this at least until July of 2011. Mr. Isobe: That is correct. Mr. Bynum: So... but it's also my understanding that it's for the positions that the mayor has prerogative over that he could choose to not do those increases in July. This doesn't require him to do the increases. Is that your understanding? Mr. Isobe: That is correct. The appointing authorities for all of the respective positions throughout the salary resolution have the ability to in fact delay and/or forego those raises. This sets the ceiling which is the upper end. Mr. Bynum: I think it's important for the public to know that...that this doesn't mean that there will be increases in July. It would allow them, but the mayor still has the prerogative to keep salaries at their current level. Mr. Isobe: That is correct and... Mr. Bynum: Um... Mr. Isobe: I'm sorry. Mr. Bynum: Now there are, you know I believe, police, fire and planning have their commissions that would have the similar prerogative. Mr. Isobe: That is correct. Mr. Bynum: And the council has prerogative regarding the clerk and the deputy clerk, and although the auditor has already been appointed and is not covered by this resolution... Mr. Isobe: It is covered. Mr. Bynum: It is? Mr. Isobe: Yes. Mr. Bynum: The auditor is covered by this resolution? Mr. Isobe: That is correct. Mr. Bynum: Is the prosecutor and the clerk? Mr. Isobe: That is correct. Mr. Bynum: By this resolution? Mr. Isobe: Right. If you look at... COUNCIL MEETING. Mr. Bynum: Mr. Isobe: Vice Chair Furfaro: and 3, right? Mr. Isobe: Mr. Bynum: 2009. Mr. Isobe: believe they did. -26- ~vember 24, 2010 Maybe it was...I thought they weren't included. Articles 2 and 3. Excuse me, John, you made reference to Articles 2 Correct. Those three positions did receive a pay increase in I believe so. I cannot speak to that factually, but I Mr. Bynum: So they...those three positions have already receive a pay increase and... so this really will have no effect. Mr. Isobe: Correct. Mr. Bynum: But when the council reappoints, we can set the salary at a lower amount should we choose to do that. Mr. Isobe: That is correct. Mr. Bynum: And so...okay, I just wanted to...how does this pertain to the mayor's salary? Mr. Isobe: That isn't...you know, it's...I am not in a position to answer that particular question. I believe that would be better placed with the county attorney's office in combination probably with the director of finance. . Mr. Bynum: Okay, that's good enough for now because I just want to make sure I had it clear because I've received emails from members of the public saying what, you're going to do these salary increases while we're furloughing? And the answer is no, this sets the ceiling. You said that's a good word. It sets the ceiling. It doesn't mean that these increases will occur, and the majority of them it's up to the mayor. In the police, fire and planning, it's up to their commissions. In regards to the clerk, it's up to the county council. The prosecutor and the auditor are in a different boat because the prosecutor's elected and the auditor has already been appointed for six years, I believe. So, I just wanted to make sure I had it clear because initially I was thinking hey, we don't want to authorize these raises at all and we're not. We're just... Vice Chair Furfaro: We're authorizing the ceiling. Mr. Bynum: Yeah, we're authorizing extending that ceiling time, right? So... Mr. Isobe: Yeah, and if I may, Councilmember Bynum, if you refer to Section 2, which is the final page of the resolution, it has a further provision in there that says that the mayor, with the approval of the county council, is hereby authorized through the county's annual operating budget to limit the funding and thereby reduce the salary for any non-elected officer or employee. So the salary commission was trying to allow for flexibility and act responsibly and understands COUNCIL MEETING • = 27 - • ember 24, 2010 that the issue of the county's finances and economic outlook would play a part in making the determination as to whether or not these raises in fact go into... should take effect. Mr. Bynum: And I think that's well said and I wanted to have this discussion on the record so the salary commission or the mayor or the council, you know that there wasn't a misunderstanding in that we might be subject to criticism that's unwarranted. So we are responding to the current economic conditions and the salary commission has given flexibility to make reasonable decisions. Mr. Isobe: Yeah, at the time that the budget and that's really was the driving force behind looking at the July 1St deadline is that this body along with the mayor would have the ability to at least look at this in the context of the overall budget as well as the economic outlook on a going forward basis. Mr. Bynum: And just based on some of the emails I received, it wasn't...some people are just...they didn't see that nuance. They just saw oh, you're authorizing raises? So, thanks for that clarification. Mr. Isobe: Okay. Mr. Bynum: And I want to thank the county attorney's office for helping me make sure I had it clear as well. Thank you. Vice Chair Furfaro: Okay before we go to you, I'm just going to make a short announcement. It is the intent of this council to continue for the next 30 minutes to finish our business for the day before we break for lunch. So, okay, now you have the floor. Ms. Kawahara: Okay, just for my clarification, I think• I'm understanding and want to run by you to be sure. So if the economic conditions are such that the furloughs are still going to be in place in July, this item can still be looked at in conjunction...together with the mayor and the council to determine the salaries? Mr. Isobe: As part of the budgeting process (inaudible). Ms. Kawahara: As part of the budgeting process. Mr. Isobe: Right. Ms. Kawahara: Okay. So there is a balance there that it can be looked at in a later time when we're closer to the budget. Mr. Isobe: Absolutely. Ms. Kawahara: Okay, thank you. Vice Chair Furfaro: That was a good question because I think it's consistent with the proviso we put in the budget, Lani, and the memorandum that we jointly sent over to the administration about the impact reviews on December 15, so. Any further questions of Mr. Isobe? Councilmembers: Thank you, Mr. Isobe. COUNCIL MEETING. - 28 - ~vember 24, 2010 Vice Chair Furfaro: Let me ask is there anyone in the audience that would like to speak? Mr: Mickens, please come right up. BC, are you picking me up? I...yeah? Okay. GLENN MICKENS: Thank you, Jay, for the record Glenn Mickens. Just one question so that I understand this procedure. The salary commission sets the salaries, that's true. Does the council and/or the mayor then have veto power? They still... no matter whether they set the salary or not, does it have to come to you folks and you, you know, can go ahead and say no, we feel that at this economic time we aren't going to increase the salaries. Mr. Bynum: The short answer is yes. Mr. Mickens: Both you and the mayor or just... Mr. Bynum: Well, the mayor...we could veto this, but if we did, the salary increases would happen in December. This extends it to July and then it's the mayor's prerogative, so. For the area where under the charter he has responsibility? Mr. Mickens: Right. Mr. Bynum: That's his responsibility. In the area where it's, under the charter, the responsibility of commissions or the council, then they have the prerogative. But I think... Mr. Mickens: So... so for the department heads, police, etc., you have the responsibility or the mayor? Mr. Bynum: No, the mayor. Mr. Mickens: The mayor does. And your responsibility it where? With what... Mr. Bynum: The clerk and the deputy clerk, and the auditor, but that's a little different because... Mr. Mickens: Okay. Mr. Bynum: ...we're not reappointing the auditor this year. Mr. Mickens: So again, you or the mayor do have to okay it before it can pass is what you're saying? Mr. Bynum: Yes. 1VIr. Mickens: Okay, thank you very much. Vice Chair Furfaro: You're welcome, Glenn. Any more questions? Seeing none, I call the meeting back to order. There being no further questions, the meeting was called back to order, and proceeded as follows: Vice Chair Furfaro: I'm looking for a motion. COUNCIL MEETING • - 29 - November 24, 2010 Mr. Bynum: And that's...the motion is to receive, correct? Move to receive. Mr. Chang: Second it. Mr. Bynum moved to receive Communication C 2010-308 for the record, seconded by Mr. Chang. Vice Chair Furfaro: Any further discussion? Seeing or hearing none... oh, I'm sorry. Councilwoman Kawahara? Ms. Kawahara: Based on the fact of the information we got from Mr. Isobe, I will be voting with this because in Section 2, as Mr. Isobe spoke about, there is a condition that deals with whether or not those raises will go through based on the current condition of our treasury. Thank you. Vice Chair Furfaro: Thank you. Any further discussion? If not, all those in favor of the motion, please signify by saying aye. Councilmembers: Aye. Vice Chair Furfaro: Thank you. The motion to receive communication C 2010-308 for the record was then put, and unanimously carried. Vice Chair Furfaro: Next item, Mr. Clerk. Mr. Isobe, thank you. Mr. Nakamura: Vice Chair, we're on... if we could finish the items on page three. The first item on the top of page three is communication C 2010-307. C 2010-307 Communication (11/02/2010) from Councilmember Kawakami, Chair of the Public Safety/Energy/Intergovernmental Relations Committee, requesting that the Administration submit its legislative proposals for inclusion in the 2011 Kauai County Legislative Package for discussion and consideration at the November 24, 2010 Council Meeting: Mr. Kawakami moved to receive communication C 2010-307 for the record, seconded by Ms. Kawahara. floor? Vice Chair Furfaro: Any discussion? Mr. Kawakami, would you like the Mr. Kawakami: Yes, please and... Vice Chair Furfaro: Okay, you have the floor. Mr. Kawakami: Thank you. You know in light of the upcoming challenges this legislative session and discussing our strategy with the administration at this time, our main focus is just going to be to maintain our TAT first and foremost. So that's where our focus is going to be this legislative session. Vice Chair Furfaro: Thank you very much. Is there any further discussion? If not, may I have...I have a motion and a second. All those in favor? Councilmembers: Aye. The motion to received communication C 2010-307 for the record was then put, and unanimously carried. COUNCIL MEETING ~ - 30 - ~vember 24, 2010 Vice Chair Furfaro: May I have the next item, Mr. Clerk? Mr. Nakamura: (cough) Excuse me, Vice Chair. Next matter is just to follow up. This is communication C 2010-309, which the council dealt with the attached bill, which was Bill (No. 2486), so this communication is for receipt. C 2010-309 Communication (11/18/2010) from Councilmember Kaneshiro, transmitting for Council consideration a proposed Bill For An Ordinance to Amend Chapter 8, Kauai County Code 1987, As Amended, Relating To The Comprehensive Zoning Ordinance that authorizes the Planning Commission of the County of Kauai to process and issue zoning permits, use permits, subdivision approvals, and variance permits for "transient accommodation units" pursuant to the provisions of Article III, Section 3.19 of the Kauai County Charter: Mr. Kaneshiro moved to receive communication C 2010-309 for the record, seconded by Mr. Bynum, and unanimously carried. Vice Chair Furfaro: Thank you, next item please. Mr. Nakamura: Next matter for receipt is communication C 2010-310. C 2010-310 Communication (11/18/2010) from Council Chair Asing, requesting to address significant issues & concerns raised during the 2008-2010 Council term, such as: • Policies, procedures, and protocol relating to changes to the County Council website; o Distribution of Council Services documents in an equitable and timely manner; and • Sexual harassment & workplace violence policies; follow-up to discussion held on October 13, 2010, regarding Communication No. C 2010-283. Mr. Kaneshiro moved to receive communication C 2010-310 for the record, seconded by Ms. Kawahara. Vice Chair Furfaro: Is there anyone in the audience that wants to speak on this? Lonnie, please come up. There being no objection, the rules were suspended. LONNIE SYKOS: For the record Lonnie Sykos. In the policies, procedures and protocol relating to changes to the county council website, one of the questions that I have is at the very beginning of this county council in the discussion about what to do about a helicopter for fire rescue, the council chair is on record and on television as stating that the county has a special relationship or had a special relationship with the... one of the contractors supplying helicopter services, that there was also a special relationship with the pilot, who's also the owner of the company, and he -was described as the go-to pilot. My question for the county council is what is the definition... what are the terms of the special relationship, who enters into special relationships for the county, is the county involved in other special relationships, and what are the terms and the liabilities that face us for being in special relationships? And whatever answer I get right now is fine, but we were also told that there was an emergency involving the FAA, but a phone call to the FAA would satisfy or the public that no emergency existed according to the FAA, that the county simply had a problem with failure to let a contract for training. I'm curious as to what this special relationship was and whether there are more special relationships that the county has. Thank you. COUNCIL MEETING • - 31 - • ember 24, 2010 Vice Chair Furfaro: Lonnie, not being familiar with all the pieces you've just mentioned, I think we'll be very short on giving you an answer, but we will in the very near future have some items that are being... addressing... that will be addressing the standards in the future helicopter operation. That's the best I can offer you right now. Mr. Sykos: .Excellent, thank you. Vice Chair Furfaro: If there's no further... come right up. GLENN MICKENS: Thank you again, Jay, for the record. Glenn Mickens. I just had one question about that first bullet point. Policies, procedures and protocol relating to changes in the county council website. Did I understand it from a previous council meeting that this was going to happen in December? I never did understand exactly why it was put off to December. In other words, I'm talking about if you have to come down here to pick up a bill or resolution or something in person to get it, they can't put this on a website? And it doesn't really make sense to me because there can't be any legal repercussions that I can see because it's there in a hard copy. So if it's in a hard copy, you know, you can pick it up here, why can't it be put on the website, so I...basically that's my question, Jay. Vice Chair Furfaro: Okay, let me tell you. Your assumption is correct. There are no legal ramifications because you can have access to the hard copy. But what was referenced to December was also...we have a proviso in the budget and this is what people didn't quite catch in the finesse of things, that as we review the proviso that visits furloughs, the same thing we're doing in December is also looking at remove the furloughs and fill the vacant positions that we have, our effort to go forward and making it more convenient to get the information is one of the first things on the agenda. Mr. Mickens: But I...I don't quite understand what do the furloughs have to do with say a bill or a resolution... Vice Chair Furfaro: I'm going to put it to one word, Glenn. We need more manpower to do all of the things we so desire to do. Mr. Mickens: Oh. Vice Chair Furfaro: And we're reviewing manpower December 15. Mr. Mickens: Okay, so it's the manpower problem that's keeping it from happening at this stage of the game. Vice Chair Furfaro: I would say that's part of it. Mr. Mickens: Okay, thank you, Jay. Vice Chair Furfaro: I hope I helped there. ~ ~ f ~ ~~ Mr. Mickens: Yeah, well, you gave me the rationale, the reason. Vice Chair Furfaro: It will be on the December 15th review of our furlough policy. Mr. Mickens: It will be on the agenda at that time? COUNCIL MEETING • - 32 - ~vember 24, 2010 Vice Chair Furfaro: For December 15th, yeah. Mr. Mickens: Yeah, thank you. Vice Chair Furfaro: Okay. I'm going to call the meeting back to order. There being no one else wishing to testify on this item, the meeting was called back to order, and proceeded as follows: Vice Chair Furfaro: I guess I'm looking for a motion to receive this. Mr. Nakamura: We do have a motion, Vice Chair. Vice Chair Furfaro: Oh we do have a motion, I'm sorry, I must be hungry. Mr. Kaneshiro: We all are. Vice Chair Furfaro: Okay, no further discussion? May I see the ayes to receive this item. All those in favor? Councilmembers: Aye. The motion to receive communication C 2010-310 for the record was then put, and unanimously carried. Vice Chair Furfaro: Thank you. COMMITTEE REPORTS: A report (No. CR-B&F 2010-28) submitted by the Budget & Finance Committee, recommending that the following be approved on second and final reading: "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. Chang moved for approval of the report, seconded by Ms. Kawahara, and unanimously carried. (See later for Bill No. 2381) A report (No. CR-B&F 2010-29) submitted by the Budget & Finance Committee, recommending that the following be approved on second and final reading: "Bill No. 2382 - AN ORDINANCE Ali~l:IvDING 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. Chang moved for approval of the report, seconded by Ms. Kawahara, and unanimously carried. (See later for Bill No. 2382) . • COUNCIL MEETING - 33 - November 24, 2010 A report (No. CR-B&F 2010-30) submitted by the Budget & Finance Committee, recommending that the following be approved on second and final reading: "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. Chang moved for approval of the report, seconded by Ms. Kawahara, and unanimously carried. (See later for Bill No. 2383) A report (No. CR-B&F 2010-31) submitted by the Budget & Finance Committee, recommending that the following be approved on second and final reading: "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. Chang moved for approval of the report, seconded by Ms. Kawahara, and unanimously carried. (See later for Bill No. 2384) RESOLUTIONS: Vice Chair Furfaro: Thank you. Mr. Nakamura: Next matter at the bottom of page four are Resolutions. First resolutii~n for approval is Resolution No. 2010-56. Resolution No. 2010-56, RESOLUTION ESTABLISHING SCHOOL BUS STOPS ON HOLOIKALAPA STREET AND ON PILIPOLI ROAD, PI`ILANI MAI KE KAI SUBDIVISION, KAWAIHAU DISTRICT, COUNTY OF KAUAI: Mr. Bynum moved to adopt Resolution No. 2010-56, seconded by Mr. Kaneshiro, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Asing TOTAL - 1. Vice Chair Furfaro: Next item? Mr. Nakamura: Next resolution for approval is Resolution 2010-57. Resolution No. 2010-57, RESOLUTION AMENDING RESOLUTION NO. 42 (1981) BY DELETING EXISTING SCHOOL BUS STOP, KALAHEO, KOLOA DISTRICT: Mr. Bynum moved to adopt Resolution No. 2010-57, seconded by Mr. Kaneshiro, and carried by the following vote: COUNCIL MEETING • - 34 - FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami AGAINST ADOPTION: None EXCUSED & NOT VOTING: Asing Vice Chair Furfaro: Thank you. Mr. Nakamura: At the top... Vice Chair Furfaro: Page five. TOTAL - 6, TOTAL - 0, TOTAL - 1. Mr. Nakamura: At the top of page five next resolution for approval is Resolution No. 2010-58, which is a resolution establishing stop signs and stop lines, oh I'm sorry, Vice Chair. Vice Chair Furfaro: We did that. Mr. Nakamura: I didn't cross it out. My apologies. Vice Chair Furfaro: That's all right. BILLS FOR SECOND READING: Mr. Nakamura: Next matters are Bills for Second Reading. Vice Chair Furfaro: You're thinking turkey, man, we're all hungry. Mr. Nakamura: My apologies. Next matters are Bills for Second Reading. First bill for second reading is Bill No. 2381. 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 to adopt Bill No. 2381 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr. Bynum, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Asing TOTAL - 1. Mr. Nakamura: Next bill for second reading is Bill No. 2382. Bill No. 2382 - AN ORDINANCE 1~MENDING 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 to adopt Bill No. 2382 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Ms. Kawahara, and carried by the following vote: ~vember 24, 2010 COUNCIL MEETING ~ - 35 - November 24, 2010 FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Asing TOTAL - 1. Vice Chair Furfaro: Thank you, next item. Mr. Nakamura: Next bill for second reading is Bill No. 2383. 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): Ms. Kawahara moved to adopt Bill No. 2383 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr. Kaneshiro; and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Asing TOTAL - 1. Vice Chair Furfaro: Thank you. Mr. Nakamura: And the last bill for second reading is Bill No. 2384. 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 to adopt Bill No. 2384 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Ms. Kawahara, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Asing TOTAL - 1. Mr.. Nakamura: There's no further business. Vice Chair Furfaro: No further business? If there is anyone who would want a moment of personal privilege to wish the audience a Happy Thanksgiving, I'll do that now. We'll start with you, Mr. Bynum. Mr. Bynum: ~ Happy Thanksgiving, everyone. Everybody have a great one. Thank you. Vice Chair Furfaro: I just want to say thank you very much to Councilman Kaneshiro. You've been a big help to me when I first joined the council and I will remind people that you are two days older than me. Mr. Bynum: Again? COUNCIL MEETING. - 36 - ~vember 24, 2010 i Vice Chair Furfaro: You celebrate Thanksgiving and we'll celebrate our birthdays together again next year. Lani, I certainly wish you all the best in your return to the library. It's certainly been very rewarding for all of us to have you here on the council. I wish you and your family a Happy Thanksgiving and also to the county of our fine citizens here on Kauai and Niihau. It is a great time of year to be able to give thanks and again I want to say Happy Thanksgiving to the Asing `Ghana as well. Thank you. Mr. Chang. Mr. Chang: Thank you, Councilmember Furfaro. I too would like to say to Daryl and Lani, it's been a pleasure. We're going to definitely miss the both of you, but thank you very much for your mana`o and friendship. I also would like to take this opportunity to share my aloha out to the councilmembers here, Kawakami, Bynum, Furfaro, and our incoming councilmembers Yukimura, Nakamura, and councilmember Rapozo, and to the staff, and to the audience out over here and to everybody. I hope we all have a safe, happy holidays and please try to do what we can for the less fortunate here on our island of Kauai. Thank you to all the Food Banks, Salvation Army and the good volunteer folks here on our great islands of Kauai and Niihau. Thank you for this opportunity. Vice Chair Furfaro: Thank you. And Mr. Kawakami, you have a closing (inaudible). Mr. Kawakami: Happy Thanksgiving. Vice Chair Furfaro: Happy Thanksgiving and especially to the staff, mahalo for us going through the lunch hour here. Our business is complete for today. Thank you. ADJOURNMENT. There being no further business, the meeting was adjourned at 12:53 p.m. Respectfully submitted, PETER A. NAKAMURA County Clerk /wa