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HomeMy WebLinkAbout05/04/2011 Public Hearing Transcript re: BILL#2402, BILL#2403, RES#2011-45PUBLIC HEARING MAY 4, 2011 A public hearing of the Council of the County of Kauai was called to order by Jay Furfaro, Chair, Committee of the Whole, on Wednesday, May 4, 2011, at 5:05 p.m. at the Council Chambers, 3371-A Wilcox Road, Lihu`e, Kauai, and the presence of the following was noted: Honorable Tim Bynum Honorable Dickie Chang Honorable KipuKai Kuali`i Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro, Council Chair The Clerk read the notice of the public hearing on the following: 1) Bill No. 2402 - A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 (County of Kauai Operating Budget), 2) Bill No. 2403 - A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 (County of Kauai Capital Improvement Projects Budget), 3) Resolution No. 2011-45, RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 FOR THE COUNTY OF KAUAI, which were passed on first reading and ordered to print by the Council of the County of Kauai on March 23, 2011, and published in The Garden Island newspaper on Apri12, 2011. Peter A. Nakamura, County Clerk: Pursuant to Section 5A-6.3 of Chapter 5A of the Kauai County Code 19$7, as amended, the Council announces its intention to adopt the Real Property Tax Rates for the County of Kauai for the fiscal year 2011 to 2012 at its meeting scheduled for on May 25, 2011, at 9 a.m., in the Council Chambers located at 3371-A Wilcox Road in Lihu`e. Council Chair Furfaro: Thank you Mr. Clerk. And on that note, before we go any further, I'm going to turn the floor over to Vice Chair Yukimura. 1 Ms. Yukimura: Thank you Mr. Chair. I just want to declare a possible conflict of interest with respect to Boys & Girls Club Facilities Upgrade Grant line in the budget bill, I believe it's in the CIP bill, because I am on the advisory, board of the Boys & Girls Club of Kauai actually. So if that item comes up in the discussions here, I will be leaving the room. Thank you. Council Chair Furfaro: And I want to also so note that Mr. Chang submitted a disclosure letter earlier today for an agenda item as it relates to the Kauai Marathon, and I would expect the same courtesy again given then that if a particular item becomes of discussion, not only for Council Vice Chair Yukimura's Boys & Girls Club, but also the Kauai Marathon, since both letters are in my possession, he would also leave the room. Council Chair Furfaro: Again, I want to reiterate, we've read the items, we will take testimony for all of the items that have been read, and you will get up to six minutes to speak. Mr. Clerk, do we have signed speakers? Mr. Nakamura: We have registered speakers, Mr. Chair. The hearing proceeded as follows: PAT GEGEN: Thank you Chair, thank you Councilmembers, for this opportunity to testify this evening regarding the upcoming budget. I apologize that I am not fully informed on the budget and all of its contents. I have not been able to be in attendance at any of your meetings, but I do appreciate the fact that I have been able to catch a couple of them on my computer after the fact. That's made it much better for us. I am here to testify on three specific elements of the budget that have important considerations regarding the appropriate and best use of resources we have on this island, that being our waste resources, our public transportation resources, and electrical energy conservation. Regarding the public works issue of waste and resource recovery, I am concerned about the future of Kauai. With a new landfill being many years away in development and in building, I am concerned about how we continue to allow greenwaste and recyclable materials to fill up this precious space, as 1 have testified in the past. I do understand that these issues are being studied, and hopefully will be addressed in the near future by public works. Regarding the budget before you, I am requesting that an additional line item be included that specifically looks at the potential for developing a materials recovery facility separate from the landfill development and the resource recovery park as is currently proposed by the administration. While I do appreciate the thinking and convenience of a one-stop resource center...resource recovery park, I am very concerned about the MRF being tied up in a much longer process than would really be necessary. I also feel that there may be a better location closer to the port where everything gets shipped out of and that may actually have easier access by residents that may make a MRF being built sooner would be more convenient and an efficient option than continuing to throw our recoverable resources in the trash. We need to extend the life of our 2 current landfill. I heard some of the numbers around what it's going to take to continue expanding Kekaha, and doesn't make any sense to delay things any more than we have to. And I think one of the things we can do is get a MRF up and running and start recovering some of those resources. It will buy us some additional space in the landfill, slow down how quickly we're doing that, and it won't be tied to the next landfill when it gets in. It will also make the opportunity or the ability to do more recycling easier on the island and more profitable for the county. So I ask you to please include money for looking at this option and for the option to give thorough and careful consideration in this budget to see if we can get moving in that direction now. To do nothing is to do nothing...continue...it doesn't make sense. Regarding transportation, I'd like to bring up the Kauai Bus. I really appreciate the fact that service was recently expanded to make it more convenient and accessible to residents. Last evening I had a meeting in town, I was able to catch the bus in Kalaheo, ride it in, and I wasn't worried about whether I was going to have a ride back to where I parks my car in Kalaheo. So that was very nice. I didn't get on the bus as soon I'd like, but 45 minutes later after doing some reading, it was there. That was wonderful. Please do not do anything that would jeopardize the current services, and I hope that if any changes are proposed at all, it would include an expansion of service. I feel that expansion of the bus in ways similar to what was proposed by the Kauai Sustainability Plan would be timely, given the current economics of driving, and the desire for Kauai to get on the path of becoming more sustainable as we go forward. The third and final thing is I'd like to ask about are the proposed positions that were in the Kauai Energy Sustainability Plan of the energy manager and the facilities specialist. Those positions which were identified in the KSP were positions that have the potential to save the county money while paying for themselves, somebody to look at where the county resources are going, somebody who has good knowledge and is dedicated to doing that would allow the county to take the lead in becoming a much more sustainable and conservation minded entity. Your electric bill is huge. It was in the paper the other day with the auditor being surprised how much the rates are going. We're now paying 44 cents per kilowatt hour, and I don't think anany of us think it's going to go down very soon. So expect your next bill to be another 10% higher than of the last one, pretty significant. So I am not sure if any of those positions were identified in the current budget, if not, I ask you why, when these positions ideally would pay for themselves and the savings the county could make, and I would really like to see the county become a leader in sustainable practices on the island to help get the residents getting the idea and start moving in that direction. So with that, I thank you for this opportunity to testify and ask questions this evening, thank you. Council Chair Furfaro: Go ahead. Mr. Rapozo: Thanks Pat, and I appreciate you coming up to testify. I am going to ask you the question that I'm going to ask everyone that 3 comes up about increasing or adding things to the budget, because as you know we got to pass a balanced budget. So understanding that you may not know the intricacies of the budget... Mr. Gegen: Which I don't. Mr. Rapozo: But there are certain sectors in the budget, public safety, public works, and certain areas of the county budget that should we include a MRF or any of those things that you talked about, where do you suggest we cut from? From what sector of government? Because we need to know that, and I would assume, I don't know this yet, but next Monday and Tuesday there will be several Councilmembers that want to promote their projects. But we got to cut from some place to make that happen, and I'm just... Where? Where would you be happy with...or, the other question is would be you satisfied with a real property tax increase to accommodate those...because aMRF is not a cheap addition. Mr. Gegen: No, it isn't, and I am not asking to build the MRF at this point, but just let's start look at that. Mr. Rapozo: And I agree with you. Mr. Gegen: And my concern is if we don't start looking at it relatively soon, when are we actually going to build it and start seeing some of the savings. And now our savings are not going to be immediate. The question is, do you want to worry about paying another 12...18 million, whatever it is, in Kekaha in five years, or would you rather spend half a million this year starting to look towards how you can save money and not have to worry about that expansion logger. So it' s a long-term question. Mr. Rapozo: Where should I look on Monday to start... because I will be looking to cut places. I'm just trying to figure out what does the community think we should cut? Mr. Gegen: That' s a very good question. I couldn't tell you, because like I said, I don't know the intricacies of it. One, make sure that we're not having to pay out any half million dollar settlements in the near future, so whatever it takes to do that. Do that to save that money, because one of those settlements would have paid for this study this year. So I can't give you any specifics about where to do that. Mr. Rapozo: Thank you. Mr. Gegen: The one thing I will say... Council Chair Furfaro: When we open it for questions, you respond to that question. You don't expand your time by offering other theories. 4 Mr. Gegen: I am still answering that question, if I may. Council Chair Furfaro: You're still answering that question... Mr. Gegen: Yes I am. Council Chair Furfaro: That's what I want to make sure. Mr. Gegen: He asked where would some of the money come for these things. When I'm talking about the expansion of the bus, continue to look at the Kauai energy sustainability plan. That very clearly identified a gas tax that would help pay for that. Whether we pay $5 or $5.02 doesn't make much of a difference, but that two cents can increase service drastically for the Kauai Bus, it would also promote more people riding the bus. When you ask about where the funding is coming for, those two positions, in the Kauai energy sustainability plan, it specifically stated take 7.5% of the KIUC franchise money that comes to the county to fund that position, and it talked about how that would pay for itself and it also identified the fact that one of the things they should be working on is potentially increasing the franchise tax as it goes forward to help assist the county in being a sustainable leader. And not that I am for everything in that plan...we'll get to that another day, hopefully soon since it's been out there for over a year. Thank you. I hope I was appropriate in my continuation. Council Chair Furfaro: Well you were, because at first you said you had nothing to offer, but after I asked you the question, you had lots to offer. Mr. Gegen: Yeah, that' s how my brain works. Sometimes it gets put it back in drive, guy. So thank you. Council Chair Furfaro: That was a general statement for everyone. I want you to know that as we move forward on the 9th and 10th, we will look for some seed money for the MRF, we will look at staffing some positions for the greening manager, whatever we come up to, and those discussions would be there. And we are also asking the administration maybe to consider some of those funds from CIP projects that can be postponed. So we'll get there on Monday and Tuesday. Mr. Gegen: I can't wait. Council Chair Furfaro: Let me see if there's any more questions for you. None? Thank you very much for your testimony. Mr. Gegen: Thank you. Council Chair Furfaro: Next speaker. SANAE MORITA: Hi, I'm Sanae Morita. I am a 48 year resident of Hinahina Street at Isenberg, and I think I speak for 98% of the residents there. 5 Most of us are elderly and we are very concerned about the $2 million that has been budgeted for the adolescent treatment center. We feel that both sites are very not appropriate for this type of treatment center. I have been Googling adolescent treatment centers, and the ones that come up on the mainland, they are all away from the neighborhood. Especially if our own children have to go there, you know, it doesn't seem right that they are right in the backyard in a treatment center. These treatment centers on the mainland, they are ranch like settings, they're away from the communities. There was one that there was no...they encouraged family members to come and visit, but they would list the nearest hotel or the nearest...or how to get there. So you know these are well established centers and they advertise that they are away from the communities, because they need the isolation to be treated. They need to be away from the community they are familiar with. If the treatment center that is proposed...I mean they are right really in our backyards. Some people in the Lihu`e camp area, they can look out their back window and see them. So I am saying that please reconsider these sites. Don't make it... it seems like it's almost a done deal if it's in the budget. Look at other centers or other possibilities that are out there in the community. You know we have that old circuit court that was renovated and not used. Hale Opio has homes that are no longer being used. So we're saying please Iook at other places. We do need the treatment center, but not where it's been proposed. Thank you. Council Chair Furfaro: Hold on, let's see if we have any questions for you. Mr. Chang. Mr. Chang: Hi Sanae. Mrs. Morita, how are you. You know when you said you were Googling these treatment centers and you mentioned well established, were you able to Google perhaps various communities with maybe like the same population? Mrs. Morita: No, I didn't. In fact, I googled adolescent treatment centers, and I made Hawaii, but none came out in Hawaii. The only center I believe treats adolescents right now is the Bobby Benson Center on Oahu, that didn't even show up. The first site they sent me to is one in Malibu. I agree Kauai needs one, Hawaii needs one, because I understand the one on Maui has closed, so it's needed. Mr. Chang: The reason I ask you that question from, you know, the little research that I've had in regards to this subject, I wanted to find out if you knew of any similar sizes or population based. The only reason I ask that, it just seems that once the establishments are built then it's been pretty difficult to fund thereafter, as far as making it a success. So I just thought that maybe you might have some answers for us. Mrs. Morita: I am sure these are all private enterprises and how they are funded, I am sure some of them may have state help or whatever, but I am sure a lot of it is privately run. 6 Mr. Chang: And thank you for coming to testify, I don't think you've ever testified since I have been here, and I know that you are speaking on behalf of your neighbors in Hinahina Street, so it takes a lot to come up over here. So I am sure that on behalf of your neighbors they are very glad you that are the spokesperson for the majority of your neighborhood. Thank you. Thank you Mr. Chair. Council Chair Furfaro: Any other questions? Thank you very much for your testimony. Next speaker please. DEAN PIGAO: Good afternoon, Chairman Furfaro and the rest of the Council. My name is Dean Pigao, and I live on Kilikina Place in Isenberg. I don't really represent 98%. I have lived there for about 24, 25 years, almost as elderly as Mrs. Morita. I am retired- from the police department, has a lot of experience regarding juvenile-related cases. I am here to testify against that and oppose that adolescent treatment center that the county is proposing at... right behind our backyard. And I just kind of wanted to make it clear, and there is a lot said about NIMBI and not being in my backyard, and that's not our case, as a group from Isenberg. We feel we need a treatment on Kauai. We just feel that a treatment center shouldn't be sited in any or near any residential neighborhood for several reasons, safety and such. So I'm here to kind of just make it clear, we oppose that. We've initially floated and submitted a petition with nearly 400 names. That's our initial petition. We have another bunch that will be coming in that opposes this treatment center in any residential neighborhood. So I think that speaks volumes for Isenberg, as well as any other residential neighborhood, and we are opposing any thoughts of siting a residential adolescent treatment center, again, in a neighborhood. Thank you. Council Chair Furfaro: Let's see if there's any questions from any of the members. If not, thank you very much for your testimony: Mr. Pigao: Thank you. Council Chair Furfaro: Next speaker, please. FLORENCE SHIMOKAWA: Good evening. Council Chair Furfaro: Florence, the time is yours, but you need to pull the mic a little closer and introduce yourself. Ms. Shimokawa: Thank you. My name is Florence Shimokawa, a resident of Fujii Street in Lihu`e Town Tract Camp A. This is one of the residential neighborhood that will be impacted by the site chosen for the adolescent drug treatment center. The residents were not involved nor consulted in the site selection. There is a map attached to this testimony which shows the proximity of the site adjacent to our property. There are two neighborhoods town home meetings, February 3, 2011, and March 3, 2011. At the March 3, 2011 meeting the 7 administration stated this not a done deal, but was still in negotiation. I assume it is with Grove Farm Company who offered this land. Below are some of the concerns and questions. One, safety concerns for the elderly, some who live alone, families with children, and other residents were not addressed. Two, retired police officers testified that they were concerned and do not want residents to be victims of runaways from this facilities. Guarantees, assurance, recommendations, or solutions could not be offered by the administration because the facilities will be operated by a private entity who will be responsible for all aspect of the operation of the facility. Two, history of the site selected. Possible soil contamination due to the nature of prior use. staging area for transfer freshly harvested sugar cane, diesel haul cane trucks, bulldozers, cranes, and the washing of cane of debris and soil before it flumed to the mill for processing. If soil contamination is found, who will be responsible for the clearing up? Who will be responsible for the clean up? Grove Farm or the County of Kauai? Three, when asked who would be paying for the facility and its operation, it was stated that it will be the responsibility of the private entity for the hiring of staff, security, maintenance, and so forth. The County of Kauai will only be building the building and all the infrastructure. So my question is why is the county spending millions of dollars floating a bond for the facility? Four, what positive or negative effect will this facility have on the neighborhood? Five, juveniles are mandated by the courts to enter into this program. How will they be helped or prevented from causing harm to the community in their effort to escape from the facility? Are there data on the recidivism rate of juveniles who completed their treatment through adulthood? Six, what other sites were considered from February 2008 till present? Seven, the sites are zoned ag-open, so where is the county at in terms of permits and other documents needed to proceed? In closing I ask the County Council please deny floating bond fund for this adolescent drug treatment center if it is being sited in our backyard. We do not want it there. Thank you. Council Chair Furfaro: Are there any questions? Councilmember. Mr. Kuali`i: Thank you for your testimony. Aloha and mahalo. I should have asked the speaker before you as well, but when you... I know. I would imagine most of the neighborhood residents are just concerned about the proximity. So how far away would it need to be where you would feel comfortable where you would consider it not in your backyard? 8 Ms. Shimokawa: Well, not in any residential area. Mr. Kuali`i: But what is not any residential area? I know there is old cane roads in the back and it goes up all the way to the mountains. Ms. Shimokawa: Well, as far as can be. Mr. Kuali`i: As far as can be, but what is the closest you would want it? You would feel okay with it? Ms. Shimokawa: Well, there were questions asked of us why there were no consideration of the site between the...what you call it, Humane Society to Kilohana Carriage, you know that area that's behind? Mr. Kuali`i: You would consider the Humane Society far enough away from like Puhi? Ms. Shimokawa: There are no residents close by. Mr. Kuali`i: Okay, thank you. Ms. Shimokawa: One other thing is, if you were in our shoes, would you want the site right in your backyard? Put yourself in our shoes. Mr. Kuali`i: And that's why I want to hear from you, because when I am making decisions I want to represent you and all the neighborhood. Ms. Shimokawa: Thank you. Mr. Kuali`i: Thank you. Mahalo. Council Chair Furfaro: Are there any other questions? Thank you for your testimony. Ms. Shimokawa: Thank you. Council Chair Furfaro: Next speaker please. MARY PIGAO: Good afternoon Council Chair Furfaro and Councilmembers. My name is Mary Pigao, and I live approximately three homes near the two proposed locations, site 1 and site 2. We have lived there for approximately 21 years, and we feel that placing an adolescent treatment center in our neighborhood would raise big concerns for our fear, for our safety. It's unfortunate that you folks all were not present at the first meeting held by the county and also the second meeting held at the county. I know that a few such as Councilmember Mel Rapozo was there and I think that Derek Kawakami at the 9 time was there. And to get a full understanding of where we are coming from, not to say that we don't recognize the need for an adolescent treatment center. We understand that this island and every island and every state needs a treatment center for these kids. However we don't feel that a treatment center should be so close to our residential, any residential on this island. It's interesting that as we started looking into this and going neighbor, you know house to house and talking to our neighbors, there is a lot of concerns for fear, not only because it's elderly, but I have two girls home right now, out of four, and that's a concern for them to be home alone, even at the legal age of being home alone at 12, with such kids in the neighborhood. Isenberg also is an area where it is visited and used by the community, a lot of children. Isenberg is a park that is used for a lot of practices almost year round. You go over there in the afternoon and you'll see parents drop their kids off, unfortunately unattended until the coach or someone from the team arrives. That's a concern. At night or on the weekends or even at during practices, there is people there drinking. There is homes near that area where there is drug use in the area. On Fujii Street and on Hiraoka Street in the Lihu`e Garden side which is close to both sites, more so close to site 2 is two houses where inmates come out and live in those homes. I know that the county spoke about having an adolescent drug treatment near a community is good for where parents can come and visit, take their kids to the park as part of their treatment, and visit. But having such a facility near a residential treatment center, I mean a residential area is not a good place, because they need to be far away where doing their treatment, they can't have stimulation from the community. This afternoon I was finally able to get in touch with Pastor Alex Young who runs the U-Turn for Christ at the Calvary Church. And unfortunately with such short time of being notified, roughly almost at four o'clock, I couldn't get him to come here. But I was able to get a little bit information from him, and he currently worked and helped with the adolescent center set-up in Mexico, and recently he's had some contact with a treatment center that has been set up called U-Turn for Christ in Boise, Idaho, which is located on a ranch outside of Boise, and it is, from what he's told me, not near residence. He understands that these kids, like the adults, cannot be near any close area. For example, he told me that the U-Turn for Christ here, the location, the reason why they had the location out there is because these men that go to this center can't even hear the city roads or the streets of cars going by, because... Sorry... Council Chair Furfaro: That's someone outside. Ms. Pigao: I thought my time was up. Council Chair Furfaro: Please continue. Ms. Pigao: And you know he mentioned that they can't be close to any areas, and I talked to him about where our location would be in site 1 and 2, and he understands that that is too close. He agrees that is too close. And I wish T had time for him to come and talk about why these kind of treatment centers 10 can't be close to an area and it needs to be isolated. Another thing too is that at one of the hearings that we had at the neighborhood centers, there was one of the men that was living in that home on Fujii Street came up and testified, and he mentioned that this place needs to be far away, not where...I strike that. He just said it needs to be far away. Council Chair Furfaro: Mary, we do have a bell, that was your six minutes, so if you can wrap up or summarize. Ms. Pigao: I just wanted you folks to consider that. I also want you folks to look at the transient vacation rental, that, and also I recently was informed of where there was something that was passed, if you didn't get a permit before 2008 that you can't build more than maybe 1.5%, I might be wrong on that percentage, and I wanted to know if that applied for this too. Council Chair Furfaro: Let me share that piece with you so we're clear. There is a charter amendment that says when it comes to visitor accommodation, whether it's hotel, time share, houses, residential, TVR,s, that the charter amendment is basically saying, going forward, the zoning permitting cannot add more than 1.5% of additional vacation rentals to the Kauai inventory. That is handled at present through the planning department and the county attorney's office. There is not a connection to anything more than a growth policy. It has nothing to do with the adolescent piece, it's talking about visitor growth policy. And you can give testimony to those appropriate agencies. Ms. Pigao: Okay, thank you. Council Chair Furfaro: And thank you very much Mary, but let me see if we there are any questions for you. Councilmember. Mr. Kuali`i: Just the same question, so would the Humane Society,. how far that is away from Puhi, would that be a comfortable...would that be all right for you? Ms. Pigao: That's an excellent place, and if I could explain... Mr. Kuali`i: Just using as an example. Ms. Pigao: Yes, it is an excellent place. They already have water, sewer, electricity, which that was the concern for the county. Mr. Kuali`i: That's the other thing I would just tell you is that you mentioned Pastor Alex. Young and the U-Turn for Christ, and they're actually having to move from their current location, which is a removed location because it's on the bypass. And in my work with Anahola Hawaiian Homes Association, we were talking with them, because Hawaiian Homes has a lot of acreage. There's 11 some remote locations that it's still off of good infrastructure, road and water, that possibly could work. So I know that they are working something out. Ms. Pigao: So you understand about why it needs to be a little bit farther away? Mr. Kuali`i: I understand and I understand the community's concerns, that's for sure. Ms. Pigao: Thank you very much. Council Chair Furfaro: Mary, thank you very much. We're going to go on to the next speaker. Mr. Manini, you can come up. JOE MANINI: Mr. Chairman, fellow members of the Council, my name is Joe Manini, but I represent the kanaka nation. The development seems to be in the same area. Maybe you might call it Lihu`e, you might call it something else, but when the Kanaka Hui got the land from Kamehameha III, they called it Huleia. That's what they call that whole place, and it's Kona lands, not Puna lands. The word Puna means...just like the punawai, all the wet spots get in that particular ahupua`a. So we must understand what we are talking about. Now I was trying to tell you about these lands today, but I got cut short. Council Chair Furfaro: You got six more minutes now. Mr. Manini: Okay. This is a document of (inaudible) 7713 V. Kamamalu, Apana II. Maybe somebody else might be using it, but it doesn't mean it's theirs, you see. Okay, it says, comes now by this document of the court and decided 19 June land division of Hawaii 1852, and filed by the konohiki. Remember, this is a court document. Not anybody can fool with this document and use it, because this document is made to the people that have the right to the document. Okay, listen real good. Comes now by these Kona lands of Kalapaki. Kalapaki is...for the council, maybe they don't know how many acres it is. But I have a document here that says it's 5,004 acres, Kalapaki. It's a big place. It runs from the valley that goes up to the mill, sugar mill, and goes up to Kilohana, and runs from Hanama`ulu, the. stream, runs up that stream until the bridge, and then it goes on top the dirt road going up. Now it's a highway that goes to Wailua. And then way on top it turns and go the opposite way. But it totals 5,004 acres. Now, it's in the district of Huleia Puna, island of Puni, named Kauai, and to obtain these lands from the Makuahine that came from Mahele Hawaii 1839. Now Makuahine is a woman, so it had to be Ka`ahumanu. That's before Kaumuali`i ceded the lands back to Kamehameha, which was Kamehameha III at that time. (Inaudible) Hawai`i's land division of 184$ where those lands were obtained with warranty deed after the reaffirmation of 1847 and conveyed by the moi Kamehameha III, and this document is acknowledged in that period of time, you see. Maybe today they had change it, but was acknowledged at that time and by 12 the court. Comes now by this person, V. Kamamalu, with this title to property, in Kona. It's not Puna lands, it's in Kona. To be conveyed below a title deed to Kokeaupuni, or definite belonging to the Aupuni of the era of 1852. Okay. The Aupuni of the era. The regular Aupuni died before 1852; it was 1851. Aupuni and Manini was co-owner, joint owner. In 347, the document 347, is a grant from the United States of America, they recognize that Manini is a co-owner to the joint tenancy. So what I am saying is the land is in joint tenancy. Now joint tenancy means there's no break in title, so the title still holds. You folks might say not, but let's see the day we have to enter it in court and see who is correct, because I think I am correct. These private lands to the kanaka above. See in that Mahele, instead of giving back only Kalapaki, Kamehameha III gave the whole ahupua`a, the whole place, and (inaudible) the whole place. It's surveyed. I got it here, the survey. It was surveyed August 25, 1848. The (inaudible) kanaka never fool around. They're a separate entity, they surveyed the land. Some people told me how they can survey, they no more instrument. Our natives are brilliant. They go from name to name. See, the name of the place is along the beach, and they go from name to name, and then they go up in the valley. They divide the water in the river. So that side people get water and this side people get water. And they go right up and they divide the land. They had their own land divisions. We no need the plantation for tell us how to divide the land, and that had ahupua`as and all kind, because it's all baloney. It's all their propaganda. They put propaganda in the whole system, and that's why we have the problem. because of the propaganda. Anyway, it says, to this division that was in 1852, it says, pono, or legal after the investigation of the evidence presented in court by a judiciary trial and in judgment enforced by the court's ruling in favor of the olelo document of Puni. His warranty was January 27, 1848. So this is a legal document. Grove Farm cannot use it as theirs, or somebody else, I am not sure. I am not saying Grove Farm is using it, but supposing they are, then they are committing fraud, because it's not their document. Because I know we got some other documents like that down the line, even in Kakaako in Honolulu, it's the same kind of document, from Victoria Kamamalu. It's just that the Hawaiian people that were involved with the white man that translated the thing is trying to translate a kanaka document into Hawaiian language. You understand? This document is all kanaka. I show you the deed. I talk about the warranty deed. Council Chair Furfaro: Mr. Manini, the six minute bell just went off, but I want to say that I will give you another minute to summarize. But I want to make sure as this relates to the testimony, I think you are implying that the land that the county might be looking at for the landfill doesn't have the right title. Mr. Manini: That's right. Council Chair Furfaro: Is that what you're telling us? Mr. Manini: Yes. I'm saying that it's in this same ahupua`a, and anything that they like develop in that ahupua`a, even by Coco Palms, is in the same ahupua`a, because it belongs to this. And the same is the lady said that they should move the house, the place for the drug addicts, alongside the road by that 13 dog place. I think that' s a good suggestion, because right across of Kipu Road get one nice piece over there that they can put it in. But that...near anybody's house. Council Chair Furfaro: Mr. Manini, would you let us have a copy of that document so we can copy it and share it with the county attorney's office. Mr. Manini: It's the deed, this. I cannot give you the deed. Council Chair Furfaro: No, no, no, I said a copy. Mr. Manini: I no can give you the copy of the deed. You know what I can do, I can go to the county office and the county attorney can look it; I can let him view the deed. Council Chair Furfaro: Okay. Mr. Manini: But I can't let him take part of the deed, because if I have to go to the court. Council Chair Furfaro: Understood. I was only asking for a copy. Mr. Manini: No, no. I would. Council Chair Furfaro: We can make reference to that, but I need you to summarize now, because I've certainly got your point for this budget meeting. Mr. Manini: Well, according to the warranty deed, it's ties up with Moloa`a, Papa`a, and `Aliomanu, and it's a kanaka hui land, and it has the same deed, and all the lands is in one deed, and it comes under the deed that is right through Hawaii, not only this island. It's a Kokeaupuni Deed. Council Chair Furfaro: They are just reminding me that you had your 6 minutes, then you had another minute. Mr. Manini: You just had fire me, that's all right. Council Chair Furfaro: We are at that spot again today. Mr. Manini: Thank you for allowing me for make the presentation. But any time the county attorney wants to Iook at them, I can bring them. Council Chair Furfaro: I will share that with him. Mr. Manini: But I cannot give you the copy, because I wouldn't even give it to the attorney. I got to look them. Because I never hire him yet, and he wanted the copy. You know what I mean? 14 Council Chair Furfaro: Understood. Understood. Thank you very much. Mr. Manini: It's not mine to give, that's why. Council Chair Furfaro: Thank you. JOE ROSA: Good evening, early good evening to members of the Council. For the record, my name is Joe Rosa. First things first, I want to know what is the 2 million dollars for? Is it for land acquisition? The building? Whatever. Because on the two previous meetings we had in February and in March, the February meeting it says they have two to three years to get this thing in action. Then on the March 3 meeting they said three to five years. You know then at last week's Tuesday meeting at the senior citizens center, they start telling things that on the bright side of the adolescent center. They don't give them the dark side that we fear of because of those adolescents, teenagers, drug people. A lot of thing at the two previous meetings was sympathetic kind of thing. We don't want to go into that, but the thing is we see there is a need for, but not in any neighborhood, on this island. I have a sister in California, she said they have centers in California but it's not within the city limits, it's up in the goony side, up in the far uplands. My sister in Honolulu, Kaneohe, she lives just below one, she said when one gets out of the facility, they in fear and with fear, and it's fear alone that anybody fears. Think about it. She, lives alone, the husband works, and yet she says until that person is caught and put back where he or she belongs, they live with fear. And we don't want it. That's what we have and enjoy here in America. It's fear and fear alone that everyone fears upon. You know, we are not young anymore. I've lived within that area in the Lihu`e Block A for 18 years. I live for 45 years in Isenberg Tract second phase. So I know that Lihu`e area, especially in Isenberg tract, people come in there and it's peaceful enough that they can walk at night. Because sometimes I'm out in my yard, some of the people they come from Hanama`ulu, and they say oh this place is good to walk, it's nice and quiet. I don't want to say too much because everybody might come flocking over at night. But that's the kind of area we enjoy at Isenberg Tract. Also, at the previous meetings we had, we had at least four police officers in attendance, and not one spoke favorable about it. That 24/7 is just a set of numbers. Our police department is about 14 members understaffed. How can.. we be guaranteed good security? Think about it. I myself am not a young man anymore. Someone even mentioned to me, I'm not going to mention any names right now, but if I have to I will. They told me that most of your victims are teenagers and they are all skinny, not big as me, or like I mentioned, 200 pounders. I have seen on true TV the L. A. police have to use stun guns and mace guns to subdue those people under the influence of drugs. So you tell me that I would be able to, because I've talked to those police officers that say they have hard times here in Kauai. Skinny or fat or what, but once they under the influence they have the super strength that you don't know and I don't know either, except those that have to go and pick them up. Talk is easy, but a lot of the hearings that we had, like I say, people that spoke were seeking sympathetic kind of things, but that's nothing to do with that. It's that area, we just don't want 15 it. I for one, from the phase one section, I Iive within 250 to 300 yards of it. So you know, and on top of that, any hearing that you have that has anything to do, supposed to be within a 300 feet area, they supposed to be notified. I got my notice for the first meeting on a Wednesday afternoon. I couldn't make it the next day, I had an engagement already. But the second one, I was sure, but I had a whole lot of people call me and refer to me, hey, what happened, you were not at the meeting. I said, how could I? The time wasn't justifiable where we were notified, and that goes for the people in the Block "A" section and in the Lihu`e Gardens. So those are the kind of things that we see there is a lot of hanky-panky. I know the Grove Farm's lands in the back there has a lot to do with future development. The hydroelectric plants need that mauka area. S, you know, you scratch my back, I'll scratch your back. So you know, we came as a community. United we stand. We are not here speaking as one individual. We are a group, and we're in a group action situation, you're heard more than an individual. We got together and we decided hey, we are going to do something about it. We got Isenberg Tract, we got Block "A," we got Lihu`e Gardens, we united, united we stand. That's what we are. Council Chair Furfaro: Mr. Rosa, your six minutes went off, so if you could quickly summarize, you have anything more to add as it relates to... Mr. Rosa: Well, more or less what I said so far, Jay, is what I have to say in behalf of people and the constituents that I represent that have come over to call me and talk to me, that's why I am here for. And I am not afraid that mic would bite. So I can up here and speak for those people. Because I live in Block "A" like I said, for 19 years. I'm known in that area and also in Isenberg Tract. So that's why I sort of act as a representative, along with Mrs. Shimokawa, Mrs. Morita, we are a bulk o£ ..trying to do something, and like I was saying, all our petitions, like Dean Pigao says, there is one around now for no adolescent treatment centers in any residential district on Kauai. I don't know how Mr. Howard Tolbe in `Ele`ele said we'll have it, nobody asked `Ele`ele people. Council Chair Furfaro: On that note, Mr. Rosa, I appreciate your testimony and coming to show support for your neighbors. I do want to clarify a couple of items. The meetings that were attended were posted from the administration, they weren't driven by council meetings. And therefore, usually only committee members attend, because we don't want a meeting to lead to some perception of decision making with more than two people there. On the other hand I want to make sure we understand that the bond money for this facility is borrowed, and according to bond conditions we have about three years to use the money. The financial part of the budget does not specify that they would be exempt from any of the other hearings that deal with zoning, planning commission, and so forth. So I just want to make sure we are very clear on that. So thank you for your testimony. Mr. Rosa: Yeah, I know it's bond money that you people floated out and you got action now in response to $2 million, but like I say, please think about it. We're elderly people. 16 Council Chair Furfaro: I think the message was very clear that people testified that they were not supporting the location, but they support the idea that we have money for a facility to serve the community but in another location, perhaps something that's more removed. Mr. Rosa: I for one like that I~ipu area too. Council Chair Furfaro: Thank you Mr. Rosa. Mr. Rosa: Thank you Jay and Councilmembers of the Council for hearing the group from Lihu`e community, Isenberg, Block A, and Lihu`e Gardens. Thank you for your time. ANDREW RAIN:. Good evening. Council Chair Furfaro: Excuse me, Andrew, you have to introduce yourself. Mr. Rain: Sorry, it's my first time. My name is Andrew Rain, and I am here to support the keikis and trying to encourage more skate parks to be built on Kauai. And I guess basically it's more of a question of mine, if that's something that's going to happen. Council Chair Furfaro: If you pose the question, if we can answer it, if not, we will and get back to you. Mr. Rain: Okay, because there is a lot of hearsay about possible skate park in Hanalei, possibly one in `Ele`ele, and even revamping the one in Kapa`a. And I guess I'm here to find out if that is true, and if there's any money in the budget going towards that. Council Chair Furfaro: I think the best I can summarize for you, first of all, this body has no processing approval on anything that is identified as a state park. We lobby for certain improvements with the State park, for example, like repaving the .roads in Kokee and so forth. There are park plan expansions that are dialoguing but only with county parks. And the park in Hanalei is leased by the county, it's not owned by us, and Black Pot is a county park, but there is dialogue about possible expansion. But we only oversee those assets that are the county's. Mr. Rain: How about Kapa`a skate park, is that county? Council Chair Furfaro: The question about skate parks, I will be glad to defer any questions you have Lenny Rapozo, who is the head of our parks department. If you can write something very specific for me in how we contact you, we do have a park planner that addresses...whether it's water recreation, skateboarding, and so forth. But I will be glad to forward a question for you to the parks administrator. 17 Mr. Rain: Okay, I'd appreciate that. Thank you very much. Thanks for your time. Council Chair Furfaro: And let's see if there's any questions for you, since I might have given a general answer, and you were more specific. Mr. Rapozo. Mr. Rapozo: Thank you. Actually, I was going to ask a little more specific. I know you took the time to come down here, thank you. Where would you like to see...this is not a...I am just curious, where would you...skate park? Mr. Rain: I personally live in Wailua, and I took maybe 10, 12 years off where I just quit skateboarding and figured I was too old for it, and recently started going down in the past year or so just for like more exercise and just meeting all the keikis down there and seeing how amped and how excited they are about it, it gives them another release, you know, like when no there's waves and there's nothing else to do. So kind of keep them out of trouble too. I remember when I was little that was a big part for me was skateboarding; it kind of kept me in line. So for me personally, if I want to go skate like at a better skate park, I can hop on a plane and fly to Oahu on my days off... funded myself. But all these kids I skate with down there, they can't do that, you know. It's kind of a rinky dink kind of skate park down there, and it's not a whole lot you can do, but it's... Mr. Rapozo: You're talking about the one in Kapa`a right now. Mr. Rain: In Kapa`a. Mr. Rapozo: So you would like to see a more expanded park, like something at Aala Park in Honolulu? Is that what you're... Mr. Rain: Something like yeah, Hawaii Kai or Pearl City, some of the nicer parks they have over there. And that's for all the keikis that I know right in Kapa`a and Wailua area, but I mean for kids all the way down the south side or west side or even the north shore, you know I just want to share support that I think it would be a good idea to pave a little piece of Iand and put a couple of ramps up for the kids. Mr. Rapozo: Relativity inexpensive if you had the land. Mr. Rayne: I would like to say relatively inexpensive, but me personally, I haven't built any skate parks. Mr. Rapozo: Thank you. Mr. Rayne: Thank you very much, appreciate it. 18 Council Chair Furfaro: Before I recognize Vice Chair Yukimura, she has a question for you. I want to apologize, I interpreted your statement about state park and not skate parks. Mr. Rayne: I realized that. Council Chair Furfaro: I don't think I was alone at the table, but many people do, when they talk about bathrooms, park maintenance, and so forth, they don't separate state parks from county parks, and that's what I was addressing versus skateboarding park. Mr. Rayne: Next time you see me here, I'll say skateboard park. Council Chair Furfaro: Thank you. My apologies for mis... Mr. Rayne: Apology accepted. Council Chair Furfaro: Councilwoman Yukimura. Ms. Yukimura: Yes, thank you Mr. Chair. Mr. Rayne, thank you for coming. Because your expression of concern and desire for skateboard parks is shared by quite a few people, and I just wanted to let you know that Mr. Rapozo who is in charge of the parks department has been working with several groups, including a group of young people and parents that I started working with a couple of years ago, and we even got the specs from the city and county. So there is many issues that have been settled, location, funding, so forth, but there are groups working on it, and there is one with Mr. Justice in `Ele`ele on the west side. So it would be...if something you want to work on, I think contacting those groups and working with them would be a great idea. And I can give you some contacts. Mr. Rayne: I appreciate that. I know a couple people from KSO, Kauai Skate `Ghana. I'm not sure if you... Ms. Yukimura: Yes, yes. Mark Cooper. So that's what it takes. It take a group of people to organize and begin to work on it with county. Mr. Rayne: I personally was coming from the south side today, but I was at the skate park yesterday afternoon and a bunch of the kids wanted to come with me to the meeting here. And if I had been on the east side, I could have brought them with me, but I'm not sure how efficient that was. Ms. Yukimura: There were a couple of young people in the back of the room. I think they were skateboarders. They may have been intimidated by the venue...not being used to speaking. Mr. Rayne: I can imagine, I'm intimidated right now. 19 Ms. Yukimura: Well, you are doing very well. Council Chair Furfaro: On that note, I appreciate your testimony. I have your contact information, and Mr. Rapozo is here from the parks committee, and I will be making contact with Lenny Rapozo. We have another Councilmember that has a question for you. Mr. Kuali`i: It's not so much a question but more of a dropping a line and planting the seed. I know often the issue will be about land, and I just want to suggest that you try and work with skaters, skateboarders from any of the homestead communities, especially perhaps Anahola. I know that the Anahola community, within the last year or so, went through a town center plan, and they just dreamed the dream and just kind of planned the whole community out. And they allocated spaces for different uses, including parks and recreation. So I mean there is a possibility there. And it`s not just for the Anahola community. Mr. Rayne: True, true. Mr. Kuali`i: And I would be happy to work with you too. Mr. Rayne: Okay, I appreciate it. Council Chair Furfaro: Well, seems like you have a few contacts, and you have one Councilmember that needs to listen closer. On that note, thank you for your testimony. Thank you very much. Mr. Rayne: Thank you for your time. Have a good evening. WALDEEN PALMEIRA: Aloha Council Chair, Councilmembers, good to see you again today. My name is Waldeen Kahuaiokalani Palmeira, and I had a question on two items involving the landfill under the Bond .Fund. And the item concerning the new landfill site acquisition study, has that been discussed? As far as what is that consist o£ Council Chair Furfaro: We have a .recommendation from a group that evaluated eight sites. I can get that for you, if you would like. Ms. Palmeira: I understand about that part. I am wondering if there is a job description, what is the purpose of the 400... sorry, the amount $564,000, I believe. Is that in part of the actual study that would go into the selection of the site? Council Chair Furfaro: Waldeen, I just wanted to...the number that you are making reference to is set aside for the EIS study. 20 Ms. Palmeira: Okay. And that is in relation to what the other item and that's the new landfill site acquisition... I mean... sorry, actual acquisition, four million dollars, $4.5 million. So at this point you are appropriating funding for an EIS at the same time you are appropriating funding for the acquisition of a site. And my understanding of an EIS...I suppose that it should be EIS and not EA, because it a significant project with significant impacts. And my understanding of environmental EISes that there are actually more than one alternative. So what is the point of actually acquiring... using four and a half million dollars to acquire a site when there should be alternatives that are studied in an EIS, rather than going ahead for acquiring the land, especially when there are issues of jurisdiction of the land itself. And so putting the funding in for, I understand, I guess it's athree-year period for the bond to be floating. However, that seems to...it seems that you have gone into the selection of one site and no alternative. And there are many other examples of problems that have occurred in projects that have been proposed by the county of Kauai involving the environmental assessments. And so I am just pointing out that an EIS really starts not just with your committee proposing. I understand there were eight sites and you went down to one. However that is not an actual environmental objective study and so forth, and so my point is at this point it doesn't seem like a fair situation where you are not floating bonds for two other alternatives. You've already selected, it seems, this site. And so I don't think that this is the right process, although I don't have the other details. But another question involving the same area... Council Chair Furfaro: Maybe I should answer the first part. I do want you to know that this council has asked the administration to identify two sites. That request has been made of them last year. How far we have gotten on that, we don't know at this particular time. But I want to let you know that the council is sensitive to the fact that we also think there should be an alternative. But please go on. Ms. Palmeira: Okay. I want to mention in terms of jurisdiction, I do know that there...in relation to what Uncle Joe Manini had stated, I would just like to state for the record that there is claims to lands in this area under the estate of Kamehameha III, and this is also under probate number 463, the estate of Naukana, which was in the Third Circuit Court, U.S. occupied territory. Anyway, there is a record of that estate, again it's Naukana, and it's related to the lands of Kalepa and Wailua. And again another aspect of any study of the landfill in that location, which is comprised of extensive water system is beyond my comprehension why it would be selected there. However, at the same time there are other projects proposed in the area, including hydro-electric, maybe aspects of the Kapa`a relief route, as well as Hawaiian Homes, and what would that selection of a landfill in terms of health and well being of Hawaiian people living in Hawaiian homes, that is a big problem. 21 So the entire area of Kalepa in terms of these various projects, I would just like to state that we are opposed to the landfill at this area, and we would like to see the fair study if that is to take place, an EIS, and also, could you please inform whether there are other funds involved, or is this county funded and the state, or is there any federal funds that you know of? Council Chair Furfaro: You want that answer now? Ms. Palmeira: If you are aware. Council Chair Furfaro: I am aware of only the items that have been submitted to us in the form of the amounts that are in the $60,000,000 bond that the county has intents of expending. And that is the EIS study of five hundred something thousand, as well as about $4 million for land acquisitions. The current landfill has about aseven-year life span on it. And the critical path here, unless we can divert earlier, which was an earlier discuss with the MRF, is a forecast, and I see members at the table shaking their head, but you have to have a forecast and we would hope that the EIS is in route and going within the three-year period, so that when we identify the site, we actually have the cash to make the acquisition. Now that is all in a quick summary form, but if you leave those notes for me, I will direct them to the county attorney, especially on the land claim. Ms. Palmeira: Yes, we will submit that. Is that okay to submit it within seven days? Council Chair Furfaro: That will be fine. I do want to let you know that it's probably best to get it to us by at least before the 19th of May. Ms. Palmeira: Okay. Are you approving this today? This funds? Council Chair Furfaro: No. This action today is to take public testimony. Ms. Palmeira: Oh, I see. Council Chair Furfaro: We will be meeting on the operating budget on May 9 and 10, which is next year... next month... next week. I'm having a tough time, Monday and Tuesday. I'm sorry for that confusion. Ms. Palmeira: Okay, then maybe I will come back at that time. Excuse me again. Just one second question is on the funding appropriated under the bike funds. County portion of $42,000. Is there any explanation of what is that purpose of those funds? Council Chair Furfaro: Are you looking at the CIP item? Because if that's what it is, that's a carryover fund from what the county has earmarked as our matching portion. But that might actually be a carryover item. I'm sorry, at time, without it in front of me, I am not more familiar than that answer. 22 Ms. Palmeira: And that will also be discussed on March 18? Council Chair Furfaro: Actually, the hearings are May 9 and 10, that's Monday and Tuesday. Ms. Palmeira: Okay, because I was going to testify at this time, but I think I'll look again. I'm trying to find out whether there are any funds at this point going to a certain portion of the Lydgate to Kapa`a bike path. Council Chair Furfaro: Let me clarify that for you. On the 9th and 10th, you can come and give testimony. We will be going through line item by line item in a process called decision making. Ms. Palmeira: I see, okay. And will there be public testimony at that time? Council Chair Furfaro: It will be an open meeting, yes. Ms. Palmeira: All right, because I left early today, but I did submit I think through Ken, had submitted this notice regarding a bid that had been done for the Lydgate to Kapa`a bike path, bid document number 3154, which is submitted to the county, and that has to do with several federal and state violations involving permits, involving the lack of study for significant impacts, and involving segmentation, actually illegal segmentation, in which county funding if used for a certain portion of this bike path which is a federal undertaking is actually called illegal segmentation. Because for that certain, you are omitting certain federal processes.. And again when we did testify this morning concerning the problems of SHPDA, problems where certain important archaeological and cultural resource sites were not identified in this process early in the planning, we are at that process right now concerning Kuhi`o Highway. Council Chair Furfaro: Waldeen, we have expired your six minutes about a minute ago, but I will look for that testimony. If you gave it to the staff, I will forward it over to the county attorney's office for their interpretation. Ms. Palmeira: All right, mahalo. Thank you very much. Council Chair Furfaro: So Monday and Tuesday, May 9 and 10, is an open meeting. Thank you. Waldeen, we have a question for you. Mr. Kuali`i: Aloha and mahalo for your testimony. I just had one quick question. I thought I heard you say when you were talking about the siting of the landfill, a Hawaiian Homes lands. Were you talking about the Department of Hawaiian Home Lands? And if so, what site? 23 Ms. Palmeira: I believe it's part of their plan to have Hawaiian homes on a section on the other side, more near to Malae heiau, however, it is in the vicinity. I believe also some of those areas were identified as Brownfields areas, in which there's contaminants in previous times. However... and that is under the department of interior, right? Hawaii Brownfields assessment. And so the whole idea of planning for Hawaiian homes and for a landfill side by side, I think that history has been repeated throughout Hawaii. And I do not appreciate putting... appropriating the living of our people perhaps with a lot of potential health problems being affected so near to a landfill, as well as former and presently contaminated lands. And that should be cleaned up first. The jurisdiction should be made known, and these areas are prime for agriculture and for habitation which exists in the cultural properties and everything that exists on those lands. Thank you very much for that question. It's a concern. Mahalo. Council Chair Furfaro: Thank you. Waldeen, I believe you were our last registered speaker. Mr. Clerk, is there ,anyone else? Ken, you did not speak yet so please come up. And like the other speakers, I am allowing you your entire six minutes upfront. KEN TAYLOR: Chair and members of the Council, my name is Ken Taylor. First of all I want to say that I agree with Pat's earlier comments. I really believe both of those projects, the MRF and more adequate bussing, is very important. And we need to prepare for moving forward with those projects. More recent you've heard from the neighborhood in reference to the adolescent drug treatment center, and by looking at this situation, and I did go to the February meeting, missed the March meeting because I wasn't notified, but I looking at what is going on in that whole area up there, and it looks like in about afive-mile radius you have potential landfill, anew bypass road, the adolescent drug treatment center, the KIUC hydropower project, and the water district's horizontal bore. Now those are five major, major projects in a rather small area. And what troubles me about this whole process is that . ri this same document for dollars, you have a Lihu`e development plan, a new general plan update, both have big price tags on them. It seems to me that we are allowing our planning process to get out of whack. Five major projects in this area, and they should be included in the Lihu`e plan and the general plan. And so I think that we should back off of all of this in those areas. I agree with the neighborhood over there that the adolescent drug center, treatment center, should be out of the neighborhood. We have a correctional facility down across from the golf course. I think that area would be an adequate place for a drug center. Some others have mentioned some properties around the humane society, I have heard that mentioned. But if it's going to continue to stay in this neighborhood, I think we should be working it under the Lihu`e plan development and the general plan, because that's where major projects like this should be identified and dealt with. And when you're doing the EIS and all of the necessary planning for all of that, because of the activity, you save money when you start piecemealing each one of these things, you start seeing these big numbers come up. And I think you want to save money, back off of this stuff and put it under where it belongs, under the development plans. Like I say, Lihu`e, you got 900...905,000 for 24 the Lihu`e plan, you got 1,250,000 for the general plan. It seems to me that a few extra dollars in those two areas would eliminate the need to spend 2 million dollars to study this thing. The other thing that is really troubling is that what do all of these projects have in common? The five projects that I have mentioned. What do they all have in common? Most of them are all on Grove Farm property, and that is very troubling to me as to what is county in the back room offering Grove Farm for all of this land for all of this to go on. And I am sure it's going to open up a lot of problem in the community. How much development are we giving away in order to get this activity? And I am just troubled by the way this is being dealt with. And I think that it's time to just back off on some of this and do the planning process properly under the general plan and under the Lihu`e community plan. Because let's face it, both the adolescent drug treatment plan process has been out there in the community for a number of years, and has been slow in coming for one reason or another. It was mishandled a few years ago under former Mayor Baptiste, now again we see some... Council Chair Furfaro: Excuse me Ken, that is six minutes. Can you summarize? Mr. Taylor: Yeah. So I think that...the same thing with the landfill, it's been out there for years, we've known we had to do it and haven't done it. You got your back up against the wall in '09 when you had to give away $250,000. These kinds of things need to be planned properly. And I think that it's time to just back off, do the proper planning for the island and Lihu`e area, and then let's move forward with the right location for these projects. Thank you. Council Chair Furfaro: Okay, Ken, I'm just going to answer a couple of your allocation, okay, because we need to go to dinner break. The first site for the landfill was A&B property, it wasn't on Grove Farm. Mr. Taylor: I understand. Council Chair Furfaro: I just telling you that. The community spoke out about the Kalaheo site, we fell to the second location, and now we are trying to identify another location. There are seven projects going on simultaneously in trying to fulfill... You left out the important ag land template that has to be completed by November, and you also left out the fact that we're trying to update the CZO. So I agree we have a lot of things going on that need updating. But just in fairness, these things are submitted to us by the administration to review. And I just want to make sure that some of these things are in the Lihu`e area based on past testimony and rediverting locations, such as the Kalaheo coffee site and so forth. So thank you for your comments and we have no more registered speakers, and we need it take a break here. But if Mr. Bynum has a question to direct at you... 25 Mr. Bynum: Never mind. Council Chair Furfaro: That's fine, but thank you for your testimony. Okay, I am...we are finished with all registered speakers. I want to... Are you coming up and speak? Please do, because we need to... Come right up. Okay, very good. I want to thank the public that came. I want to let you know that I think we heard very clearly some of your concerns as we move forward on the budget process. I think we on the adolescent ,treatment center, I think we clearly heard you. We understand we need one, but we probably need to look at alternatives other than the neighborhood or any neighborhood. And I also have a couple of pieces to direct to the county attorney regarding the landfill site and some issues that might have come up. And Ken, thank you for your testimony, but you know, we keep looking at alternatives and we keep falling behind, and now we're trying to also complete the CZO and the important ag land. There being no further testimony on these matters, the public hearing adjourned at 6:35 p.m. Respectfully submitted, PETER A. NAKAMURA County Clerk 26