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.
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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
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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
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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.
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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.
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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.
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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
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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?
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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
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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
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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
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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
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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...
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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
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