Loading...
HomeMy WebLinkAbout05/09/2012 Public Hearing Transcript re: RES#2012-30, BILL#2431, BILL#2432PUBLIC HEARING MAY 9, 2012 A public hearing of the Council of the County of Kaua`i was called to order by Jay Furfaro, Chair, Committee of the Whole, on Wednesday, May 9, 2012, at 5:12 p.m., at the Council Chambers, 4396 Rice Street, Room 201, Lihu`e, Kauai, and the presence of the following was noted: Honorable Tim Bynum Honorable Dickie Chang Honorable KipuKai Kuali`i, Honorable Mel Rapozo Honorable Nadine K. Nakamura Honorable JoAnn A. Yukimura Honorable Jay Furfaro The Clerk read the notice of the public hearing on the following: 1. Resolution No. 2012 -30, RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013 FOR THE COUNTY OF KAUAI, 2. Bill No. 2431 — A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013, 3. Bill No. 2432 — A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2012 TO JUNE 30, 2013, which were passed on first reading and ordered to print by the Council of the County of Kaua`i on March 28, 2012 and continued on March 29, 2012, and published in The Garden Island newspaper on April 11, 2012. The following communications were received for the record: 1. Kasiah Vercelli, not dated /2. Katie Vercelli, dated May 7, 2012 ,3. Sharry Glass, dated May 9, 2012 A. Pamela Burrell, dated May 9, 2012 5. Napua Romo, dated May 2, 2012 6. Kim and Angela Headley, dated May 8, 2012 7. John Douponce, dated May 9, 2012 8. Jeremy Hillstrom, dated May 7, 2012 9. Rebecca Miller, dated May 7, 2012 i10. Marj Dente, dated May 7, 2012 PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 2 MAY 9, 2012 /11. Lilian de Mello, dated May 7, 2012 X12. Walter Lewis, dated May 7, 2012 A_3. Jim Simpson, dated May 7, 2012 14. Steven A. Hunt, dated May 7, 2012 A.5. Lila and Bob Dolan, dated May 7, 2012 .J6. Joni Benton, dated May 7, 2012 /17. Robert Smith, dated May 8, 2012 118. Scott Robeson, dated May 7, 2012 .119. Bob Nesti, dated May 7, 2012 X 20. John Tyler, dated May 7, 2012 v21. Mary Lu Kelley, dated May 7, 2012 ,22. Laurel Petterson, dated May 8, 2012 /23. Jane Taylor, dated May 8, 2012 '24. Michael and Fern Merle- Jones, dated May 8, 2012 X 25. Puanani Carvalho, dated May 8, 2012 -'26. Lindsey Noelani Fritz, dated May 8, 2012 27. Mr. and Mrs. Ray Miller, dated May 8, 2012 -"28. Leslie Larsen, dated May 8, 2012 /29. Marjorie Gifford, dated May 8, 2012 X 30. Michael A. Ceurvorst, dated May 9, 2012 /31. Gabriela Taylor, dated May 9, 2012 /32. Jason Yaris, dated May 9, 2012 -33. Carlton Davis, dated May 9, 2012 `34. Carol Bain, dated May 9, 2012 i35.Michaella Mintcheff, dated May 10, 2012 X 36. Judie Lundborg Hoeppner, dated May 9, 2012 Council Chair Furfaro: We will be starting tomorrow for four (4) days by Charter to review the particulars in the Mayor's submitted revised budget. This is a public hearing of which you will be given up to six (6) minutes to give testimony. I only ask that you specifically announce if you are here to talk about tax rates, if you change gears and you want to talk about the capital improvement plans, etc., that you announce that to us when you begin to give your testimony. Again, this is only a public testimony; this is not a Committee Meeting. We have places for people to sign up, do we have them in the order that we can call them up. If there is anyone who has not signed up yet, please feel free to sign up with our staff. The hearing proceeded as follows: THOMAS W. TOLAND: For the record, my name is Thomas William Toland. I am an architect. I just came to this lovely island and I have seen many things. I have not yet even come close to seeing everything —there are too much to see. People come back many, many times but I burned my return trip ticket, so I guess I am here for a little while. I have been introduced to a subject in Kapa'a that PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 3 MAY 9, 2012 is a little bit disturbing. I have lived in Boston, I have lived many places in the United States, and as an architect, buildings need parking. There are many ways of zoning and supplying needs for businessmen. There is this park in Kapa'a that I would hope that you might fund somehow, a little bit of time and money to study how it might be used better. I do not have to take six (6) minutes. Those of you who know Kapa'a well, know what I am talking about; those of you that do not know really well, should go back again and take a look at it. I know a few business people have a couple of clients actually in Kapa`a, and I just did a quick little sketch, and I can do that because I am an architect, it does not take me a lot of time. It just kind of touches upon some of the ideas and I know these ideas have been out there before, five (5) years, ten (10) years, twenty (20) years, what can we do with this space? If three girls kick a soccer ball on there on the practice field, once a week — that it may not be an appropriate use. Maybe more people can use this land in some way, and soccer is one (1) way; it is large enough to have a soccer field and other things too. The top is a postcard of "Welcome to Kapa`a," a big piece of hard plaque glass. I will give this to you. Chair Furfaro: Thank you very much for submitting that to us and that will be part of the record and we will share that. JOSE BULATAO, JR: Good afternoon. Jose Bulatao, Jr., from Kekaha. Under operating budget, does this have to do with the HCB allocation? Chair Furfaro: Yes. Mr. Bulatao: So I could say something with specific reference to my concerns about that. Chair Furfaro: Yes. Mr. Bulatao: Thank you. Again, good afternoon, I am here as a private citizen, a resident of Kekaha, and also an advisor to E Ola Mau Naleo 0 Kekaha, which is a community organization in that community. I need to be very careful as to how I elucidate my concerns as it may be because the Kekaha HCB Citizens Advisory Committee just concluded its last meeting last night, and we may meet again in September, but there are some loose ends as it may be that still need to be addressed. That being said, I want to point out some of the things that I brought to your attention when I was here on April 18 to express my concerns as a private citizen and this time also as the advisor of E Ola Mau Naleo 0 Kekaha about the future of the Kekaha HCB and the consideration that you have before you about how the CAC will be funded for the next fiscal year. My points are these in a nutshell: you will be contemplating what you will decide is appropriate for the community to receive for hosting the landfill since 1953. By way of background for the community at large here on the island of Kaua`i, the Host Community Benefit PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 4 MAY 9, 2012 was allocated to the community of Kekaha because we are the community that bears the brunt of hosting this landfill since 1953 and this is now the year 2012. The landfill will exist there for another ten (10) years or so as it may be to the year 2021. Between 2008 to the present time, the community has been receiving eighty thousand dollars a year in addition to the original amount of six hundred and fifty thousand that was allocated by the County Council back in 2008. Between that time and now, the allocation that we received so far from year to year has been based on a dollar a ton that goes into the landfill all these many years. Since then, the amount has been raised to ninety dollars a ton that the County charges, instead of the original fifty dollars a ton that it receives. So there is that much more money coming into the County's coffers. That being said I am hoping that you would consider that the amount of money that comes to the Kekaha community should be reconsidered and not be left at eighty thousand dollars for the following year. We have gone into that detail enough; I will not have to reiterate that. The other thing that I am concerned about is — has to do with whether or not there should be moneys for additional facilitation of having a CAC to continue the work because our work is not complete and will not be completed until all of the money's are expended and you are giving us money annually. So the point of the matter is this, do we need to exist under the current arrangement which is the Mayor appointed Committee as opposed to the possibility of having the community create its own Citizens Advisory Committee? I think that seriously needs to be considered to save the County as it may be the eighty or the ninety -five or the hundred thousand dollars or whatever the case might be that you may deem appropriate for the Committee to continue its work — that you do not need to allocate a Mayor appointed CAC to do the work that we have been doing in terms of making the recommendation and we have not been paid a single penny. If we do continue to work, I think it is beholden on the community to go to the community's resources in terms of the people who can serve in that capacity, who have the expertise, who have the ability, to serve in those responsible arenas that we need to focus upon to determine what the appropriate allocations may be for us to recommend to the County of Kaua`i. With that being said, I hope that you will consider because I realize that you have budgetary concerns about whether you have enough money and where you may need to make cuts. Will you keep these things in mind that I am speaking of these things as a private citizen. Thank you very much. Chair Furfaro: Thank you very much. Mr. Bulatao, your earlier testimony in the month is so noted when we do our reviews. Mr. Bulatao: Thank you very much. SANDI KATO - KLUTKE: Good evening, my name is Sandi Kato - Klutke and it seems like I am always here because of the property taxes for the resorts and hotels. Well I am back again. We received a notification that our property taxes will be increasing for resorts and hotels. We want a clarification as to whether that included vacation rentals, bed and breakfast, anybody that has PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 5 MAY 9, 2012 short term would be classified under hotel and resort, that is number one (1). Number two (2), that we understand from the Administration that this is a revenue neutral position statement but the bottom line is that we do not want our tax rate to increase because once it increases, there is no way that you guys are going to reduce it when our value of our property goes up, correct? Chair Furfaro: That is year to year, Sandi. Ms. Kato - Klutke: We ask that they reconsider the increase and although... we do not understand where he got the revenue neutral position where it says that in effect that the increase would be due to the value declining. The resort taxes have been going down quite significantly in recent years and that it went down from one point nine, eight million dollars from fiscal year 2012 which is now and it is going to go down to one point one billion in fiscal year 2013. We actually do not understand that because both of us have done renovations so we know that the value of our properties have gone up. The majority of the resorts, our property taxes will go up even if they are telling us there is going to be revenue neutral. Chair Furfaro: I can give you the quick version of this and I do not want to go any further than that, because we have four (4) days of conversations with the Administration. First of all, on the transient accommodation tax, at one (1) time this County received close to eighteen million, then it was capped last year to about thirteen million. The fact of the matter is that any increase in occupancy, any increase in the average daily rate, now goes to the State, the County gets no more. That is one (1) part that we should be aware of. Part number two (2), when the Mayor's letter, and I only got the packet last night and I read it until it was time to sleep, he is basically saying in the revenue neutral position and we will have further dialog in it — if you had a property, three hundred and eighty room hotel, ocean front and it had a fifty million dollar value, but after values have fallen in the County, this hotel is now reappraised at forty -six million. They raised the rate by about thirty -five cents per thousand to make up that the tax bill that is going out this year is closer to the exact bill that you had last year, that is what I am hearing first blush. I do not think any of us should comment anymore until we have the Finance Department in front of us. Ms. Kato - Klutke: For us, that was like okay, so where is the rest of the explanation as to who gets taxed because their value went down and who is going to pay the increase because St. Regis actually did major renovations, so is it fair that St. Regis has to pay the higher tax and the people that did not do anything, that you take care of, pay less because their value went down? Chair Furfaro: Yes, and I think the only defense I can say for the Administration right now because we are only starting on this process, if the Saint Regis put in twenty -six million dollars in renovations and that renovation PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 6 MAY 9, 2012 allowed them to increase their daily average rate by twenty dollars, the people that benefit from that is the TAT tax for the County which is now capped. The State is getting the balance of that. All the Administration is submitting to us at this point, if their bill with this adjustment in the thirty -five cents about, approximately — their bill will remain the same or close to it, and I do not want to go too far there because I did not look at any hotels tax bill, but the reality is that is what they are calling revenue neutral to the County. We will be hearing more of that over the next couple of days. Ms. Kato - Klutke: Okay. If we ask the Administration to come back and explain to the hotels what this revenue neutral is, can we come back with it between now and a couple of days before you are done to... Chair Furfaro: Here is how it works — we have had six (6) weeks of testimony from the Administration, this Council has now four (4) days to look at their bill. If we do not settle on a bill on four (4) days, what the Mayor submitted to us back in March becomes law. We have talked about earlier today a Resolution to go on the Charter amendment that allows us an earlier start and only one (1) submittal. I do not want to go too far into that because this is a public hearing, not a Committee meeting. But Sandi, I will ask that question of the Administration if they cannot schedule a meeting with the Hotel Association to explain what they say revenue neutral is for resorts. And the third part of your question, is it only hotels, no, as I understand it when I read through it, it is classification of lands that are R -10 and R -20, so that would include resort, condominiums, that would include timeshare although they pay a TOT tax and it would include hotels. Anything that is zoned R -10 to R -20, that is what I understand. Ms. Kato - Klutke: Well thank you very much and it raises a red flag to us whenever there is anything that has to do with our taxes because the cap on the TAT was supposed to be backed down because it was just for two (2) years. But I understand that it is going to be permanent now? Chair Furfaro: No, you may have more information than we have but it has two (2) more years on it. When it passed at the Legislature, it was a three -year period and it has two (2) years left on it, that was the discussion this morning. I do not want to go into that kind of detail right now because this is a public hearing, and if I can identify with Mr. Bynum, I would like to keep our comments short. Mr. Bynum: Are you aware, Sandi, that in the last three (3) years hotels and resorts as a class has paid more than three million less tax? PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 7 MAY 9, 2012 Ms. Kato - Klutke: Yes, because our value of our properties went down because of the number of foreclosures. Do you understand how many foreclosures that we have gone through? Mr. Bynum: So the taxes have been falling for hotels and resorts and so I am just going to read right from the Mayor's thing. Ms. Kato - Klutke: Okay. Mr. Bynum: In other words most hotels and resorts will pay roughly the same amount of taxes next year as they did this year, so the Mayor's proposal is saying hotels you have had three (3) years of tax reduction, next year we would like you to pay the same as you did this year, it is not an increase into the tax bill. It is so there is not a further reduction for the fourth year. Ms. Kato - Klutke: We understand that but there are other things like the increases that we pay and all of our fees have doubled. Our cost has gone up and the returns to our owners have gone down. Mr. Bynum: I understand, thank you. Chair Furfaro: Sandi, I will make that request to the Administration for them to set up some time with you folks. Ms. Kato - Klutke: Thank you. MARY PIGAO: My name is Mary Pigao, good afternoon everyone. The reason why I am here is I wanted to come back, it has been about ten (10) months that I came before you folks and this is in regards to the proposed adolescent drug treatment center site —one (1) chosen by the Mayor in our Isenberg subdivision. We are just wondering what the status is of it; I know there has been some things that have been going on within the County that seems like things are happening before the feasible study that was – the last we heard was ordered to be done. We have not had any information to the residents, we have not heard anything, but yet we see things in the community —drug agencies going out to the community doing information, even people from the State level coming down and being at these meetings in the community. Also, possible County employees moved into different positions for this treatment center program starting. We are just wondering where we are. We are concerned citizens that we were told that there was supposed to have a feasible study, and it has been ten (10) months. I know back in July at our last Committee Meeting that was set by the drug center for the County that they mentioned that time is of the essence and yet it has been ten (10) months and we have not heard anything. I have seen an increase in police patrol in our community, which is great; I know they have been responding to things there. Again, sex offender registry, I know there are some people living in our area or close PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 8 MAY 9, 2012 to our area that have not been registering. Speeding by big trucks on Ehiku Street in and out of the Isenberg Tract area. Just a lot going on and yet — where is the feasible study. We want to know what is going on and we have not heard anything. I just want you to know that we are still here and we just want to know. We also had some flooding from the rain which came off the KEO parking lot into our subdivision, so that is also a concern that the feasible study needs to look at. Chair Furfaro: Because we had a presentation, I am going to allow one (1) Councilmember to give you as much information as we have right now but not to turn this into a Committee Meeting, just an update. Ms. Yukimura: Thank you for being here and for your concerns. We did receive as part of the budget process two (2) procurement documents for the feasibility study and for an environmental assessment. We have been told that they are in the process of procuring consultants to do those studies. We can give you those procurement scopes of work for their procurement. I will say that it is one of my concerns that we are going out for both feasibility and environmental assessment when we have not determined whether in the first place the project will be feasible and sustainable, but in terms of status, they are in the process of procuring the consultants, and I think the timeframe is at least six (6) to ten (10) months, maybe a year to get it done. But that would be in the scope and I will make sure you get copies of that. Chair Furfaro: If you can give your address for the Association here to Scott from our staff, we will see that we get copies in the mail to you. That is where we have been briefed in this budget session. Thank you very much for coming down today. Ms. Pigao: I just wanted to find out for us citizens because we do not know the process of what goes on with the County. Is there anybody that we can call to find out what is going on with the status? It has been couple months and we have not heard anything. Chair Furfaro: We will give you that information as well. The staff just pointed out to me in your signup sheet, you did put your address. We will mail out the request for scope and bid so you can look at it with your members. Ms. Yukimura: Can staff also give her any line item for the Adolescent Drug Treatment Center, amounts allocated; I cannot remember but it is part of the budget information. PATRICK PEREIRA: Good evening. My name is Pat Pereira and I am a resident of Kekaha and I will not take the full six (6) minutes. I am here to beg the Council to take a look at the initial proposal proposed by Mel Rapozo and a colleague about the Host Benefit Fund. A resident of Kekaha approached me PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 9 MAY 9, 2012 two (2) nights ago and he told me, "Pat, are you going to the Council again ?" I tell him, "Yes, I might go to the Council again." He said tell the Council we are not small kids over here on the Westside; we are full -grown adults. The hosting of the rubbish dump in Kekaha had lasted twice the amount of most rubbish dumps last throughout the Unites States in height. Rubbish dumps is supposed to last thirty (30) years; that one in Kekaha is sixty (60) years and by the time we finish it, it will be almost seventy years. What I found out from my source is that the County does not have an area per say that they are going to put the next rubbish dump. It is all talk right now. I may be wrong, but the infrastructure is there in Kekaha and if the rubbish dump got to move, I suspect it will move right across the road. We are going to have mount opala on the beach side and then we going have mount opala on the mountainside. I am here begging this Council to take a look at what the initial proposal was for and please consider it. Now I think if that was passed by the Council, I do not think after nine (9) more years, the Council will have a hard time or the County will have a hard time finding a place for the rubbish dump on this island. Thank you. Chair Furfaro: Thank you for coming down from Kekaha. SHARRY GLASS: Hello and thank you very much for allowing me to speak. I would like to speak about the ADA Coordinator position and the changes that are proposed for that position. I am Sharry Glass from Wailua Homesteads. I first began working with people with disabilities back in 1984 at the Kaua`i Center for Independent Living and I have been working with people with disabilities ever since. I am very aware of the historical perspective here. In 1990, ADA was passed as the Americans with Disabilities Act and we in the County were pretty slow at providing equal access for people with disabilities. It was very challenging, we did the neighborhoods centers first, but there were many barriers to access for many of our residents. About twelve (12) years ago, we were sued in Federal Court and the suit prevailed that established the ADA Coordinator position. That position was instrumental in making amazing changes. We have made tremendous progress and I have to thank Doug Haigh for the progress we have made in eliminating physical barriers. There were hundreds of them and he attacked it in a systematic way and has made a true difference. The ADA Coordinator position ensures that everyone has equal access to County programs, services, facilities but another part of what the ADA coordinator does is equally as important and that is to resolve complaints that occur almost daily by people who feel their needs have not been met. This protects the County from any further lawsuits. It is an important position, the coordinator, the position is why — it covers all Departments, almost all Departments in the County training, advising, all aspects of any of the offices that work with the public, the ADA act itself is being updated every year. There are new portions of it that County entities must follow, there are new State and Federal laws such as recently the State changed the law about service animals, so the Park Rangers who handle the multi- PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 10 MAY 9, 2012 use path have to be trained in what they can say and what they should not say to people who say they are using service animals. It is a tremendous job and maybe at this point I would like to say something and that is that eighty -five percent of all of us, everyone of us is going to have a disability at some time in our lives. When we are talking about providing services for people with disabilities, we are not talking about a special group, we are talking about most of us at some time in our lives are going to need these accommodations. There is new technologies that are available that can be implemented by the County; it is the ADA coordinator's responsibility to be aware of these and to assist in doing that. I am concerned about the position because from what I understand, it is going to be made a second level, Civil Service position, it will be under Human Services and I would hate to see the position move from the Mayor's Office because I am concerned that it will lose the influence and the authority that it presently has. I am also concerned that the salary for the position sounds to me as though it is going to be reduced by at least twenty percent, that will make it not at all comparable to the ADA Coordinators positions on the other island and it will not attract the kind of people that we need to fill that position. It requires so much expertise, understanding what the Rehabilitation Act and all of the other legislation, and an ability to work effectively with people. I hope that you will consider this and make the ADA position aside from the other positions that are being put under HR. Chair Furfaro: Thank you very much for that. I think that is something that concerns the body when we get into the questions. We think because of the role or the position as they are attached to the Mayor's Office right now, they seem to have a little bit more influence on the outcomes, and your testimony is well received. I also want to thank you very much for recognizing Doug Haigh. We too, believe that he has done a very good job in getting us to a point incrementally but in compliance. Ms. Glass: Chair Furfaro: Thank you. Thank you very much. JOE ROSA: Good evening Mr. Furfaro and all members of the Council. My name is Joe Rosa and I am here on behalf to speak about the budget; basically it has to do with the Lihu`e Drug Rehabilitation Center. Like, Mrs. Mary Pigao stated, there are a lot of things going on in the Isenberg Tract area and the community of the Lihu`e Gardens Block "A" and Isenberg Tract, majority of the residents were totally against the Center in that area in a residential district. I know you, Mr. Furfaro, you would not want it in your backyard, and neither does Mr. Bynum. We have information from doctors — I have information from a person stating that isolation is the better source of rehabilitation than to be in an urbanized area and I do not know — we spoke about it but the last meeting we had in July, that meeting was stacked. We did not have much chance to speak, members of the Isenberg Tract and Block "A," and yet our honorable Mayor stood up PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 11 MAY 9, 2012 and said it is going to be here and pointed right in the back where the school is located. How can government force things upon people when it is not wanted in that area. We are not against the rehabilitation center but not in residential neighborhood areas. I stressed that because I heard that the best source of rehabilitation is in isolation where they give them time to think. Like I said, we went as far to get to petitions to show how the people feel, and the majority of the people living in that area are all elderly adults. Theresa Koki told me in the last meeting why I am so afraid about those kids. She said they are kids, they are not as big as I am. I told her, like hell they are not. They are kids that are bigger than I, like football players around there, and we had police officers in our Committee stating that when people are under the influence of drugs, they are uncontrollable. That is why police have stun guns and mace. So how can an elderly person subdue somebody that is on the loose? In Honolulu when people get out, they are not shown on TV or in the newspapers because they are teenagers, you cannot do that under the law. They only tell you that someone is loose, so keep the doors locked. My sister lives close to one of those areas and she said they live in fear until that person is captured. How can something like this be forced upon the residents in the Lihu`e and they had two (2) choices, one (1) for five (5) acres and one (1) for seven (7) and yet one of those areas would be something like Kilauea Plantation contaminated because the plantation used to service their trucks over there too. In turn, big bucks are going to be spending and like as I said, we would rather see additional house lots put in that area than to have a rehabilitation center. We suggested one of those areas to be in the Kipu area and I supposed to have a meeting with the honorable Mayor. He told me that he was going to meet me one to one and he is going to have his secretary set a date with me and until today, ten (10) months later, nothing. Chair Furfaro: Mr. Rosa: opposed to it. Joe... There is going to funding for that area, we Chair Furfaro: Joe, when you signed up, did you put your address? Mr. Rosa: No, but I can put it down. Chair Furfaro: Could we also include you on those two (2) documents? Mr. Rosa: Sure. I am eighty years old and I do not think I can subdue a big two hundred pound football player or someone in that category. PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 12 MAY 9, 2012 Chair Furfaro: We will get you these reports and if you do not get them in the mail within ten (10) days, come and see me and we will stand by the Xerox machine together and we will get it done. Mr. Rosa: Like I always said, I am for the people and they always like hearing what I have to say because I come up with my homework and I come up with facts. Chair Furfaro: All I ask is for you to take a look at the scope and what the Mayor's staff has put together. Mr. Rosa: Because this is what we have as far as the location sites. Chair Furfaro: We will get the scope out to you. Mr. Rosa: It would be appreciated and think about our kupunas. Chair Furfaro: Thank you for coming down for your testimony. NEIL SAMS: Good evening Councilmembers. I am Neil Sams and I am representing the Kapa'a Business Association. I wanted to address a couple concerns we had on some — we have been hoping for some funding issues and we understand that budgets have been tight and a lot of planning types of issues take backseat to real needs and budgetary critical times. I think we are getting to a point where we are hoping to see some expenses in some planning or some budget items and some planning for eastside development. This gentleman over here brought up a good point about the Kapa'a beach park which we have been on record for a very long time stating that we wanted to go back to a passive park which is what its intention was. In order to do that, we needed adequate soccer fields because we do not want people who get displaced from their soccer field. We have waited twenty years and we finally got some soccer fields at Lydgate. I do not know if that completely addresses the needs of the soccer fields but it certainly has helped the needs of them. We are looking at ways we can get a Kapa'a Beach Park turned back to a passive park, something where when you drive by, you are proud of how it looks, you can see the ocean, you do not have a ten (10) foot tall fence with a penitentiary feel to it. On the other hand, we do want the kids to be able to play soccer and so one of the compromises from quite a while ago back in the mid -2000 was to have soccer fields behind the eastside professional building and that project seems to have stalled. Everybody has agreed and it is in concept but we are looking for funding to actually get shovels going on it at some point. That would maybe allow us to get the Kapa'a Beach Park back to eventually back to a passive park which is what its original intent is and it is actually and I am going to read you PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 13 MAY 9, 2012 guys from 1972, this is the Kapa`a- Wailua Development Plan, so this is forty years old. It us striking at what problems they identify in here that are still existing, so I am going to read for you the section of design parameters. It states, problem number one (1), the beach park in Kapa'a is not being used to its full potential by the general public. One of the reasons for this is the lack of maintenance and park design. The trees are near the high water line creating a visual barrier to the beach, the ground covering many places is not suitable for seating or reclining. The beach is eroded and even rocky in some areas. It doesn't mention the drunks on the beach but that is another problem creating a visually barrier beach, the ground cover in many places are not suitable for sitting or reclining, the beach is eroded and even rocky in some areas. Initial step to park improvement is to use existing trees, other species with overhead cover and clusters to form picnic areas. Park furniture such as tables, benches, cooking areas could also be provided within these picnic areas. Rock (inaudible) may be constructed to prevent erosion of sand and may be designed to accommodate children in swim areas. The beach and park are not visible from Kuhi`o Highway because of level terrain and lack of view corridors along existing streets perpendicular near the beach. Further there are no blocks within the existing commercial area which offer view slots of the beach between buildings (inaudible) perpendicular to the beach should be clear of buildings or landscaping which block the view of the ocean, building and (inaudible) should be spaced to take full advantage of use or access points to the beach. The only reason I am reading that is because it is forty year old, it is still relevant. We as the KBA would like to see a detailed plan of the beach park including drawings. To do that, it will take money, we would like to see also a detailed plan of the town core of Kapa`a, and we have addressed some issues in a new draft for eastside development but it did not go into a detailed town core plan. We would like to see funding put away for that and we would like to begin the design build of the soccer fields behind the eastside professional building. Those are the areas and I know that is a lot of put on the table but if not now then soon is what would like to see and maybe a focus brought about on this. It is really refreshing to see new young business people get involved in the process, the Saturday night town walks are great. We are having a lot of fun with that and it is nice to see new blood in there. From the KBA perspective, we are just hoping that we can maybe not do all of this at once but get the ball rolling on these things. I think it is about time, forty years is a long time to be sitting on an ordinance. Chair Furfaro: There is some things in the work that I am a little surprised that you are not aware of, so let me give the floor to Councilmember Nakamura. Ms. Nakamura: Thank you for being here for sharing your perspective with all of us. Just to give you an update because there was a meeting last week with a number of different people around discussing the Kapa'a Stadium which is tied into this issue as well. The Administration focus this year and it is reflected in the budget is to complete the locker room project at the stadium and to PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 14 MAY 9, 2012 redo the field and to, if there are funds available, work on the spectator experience there, so the bleachers and safety issues relating to that. The Director of Parks and Recreation at that meeting said that the next priority once this is done and this would be the priority for this year would be to then pick up the environmental assessment that has already been completed for the soccer park and work on that next year and put that into the CIP budget. Just to give you a sense of the timing of the improvements. Mr. Sams: Ms. Nakamura; Right, and I am aware of that. That is the short -term plan. Mr. Sams: That helps tremendously with the soccer fields and opening up the rest of it but there might be things that we can do. The thought would be maybe there is some little things we can do in the mean time, take a ten (10) foot fence down to a four (4) foot fence, maybe just have keiki soccer there, things like that. Ms. Nakamura: But I think what you are asking for is to do some master planning around that beach park which I think is something — would need to go hand and hand, while the soccer park is being worked on... So I do not want to give all the details. Mr. Sams: Nadine, I completely agree with you. The master plan is really the first step and if there could be any money in the budget for the master plan, then I think we would be extremely happy. Thank you very much. Chair Furfaro: I do not want to get into a Q &A back and forth, but this is a public hearing, but I will give you one (1) exception. Vice Chair Yukimura, go ahead. Ms. Yukimura: First of all, thank you for coming on a very busy time, I know you have an orchid business and Mother's Day is coming around. Is the Kapa'a Beach Park, is that really its name? I thought it was the Kapa'a Town Park. Mr. Sams: Well... that is a good question. In here it says Kapa'a Beach Park, and one of the things, I would love to see it be renamed as something a little nicer so maybe when we are doing the planning, master plan for it, we can actually give it a better name. In here, it is called the Kapa'a Beach Park. Nadine, do you remember whether we continued that name? Ms. Yukimura: All right, thanks very much. PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 Chair Furfaro: Association? Mr. Sams- Association. Chair Furfaro: writing and direct it to the Council? Mr. Sams: Chair Furfaro: 15 MAY 9, 2012 Are you speaking for the Kapa'a Business I am speaking for the Kapa'a Business Could I ask you to put your commentary in Absolutely. Thank you for being here today. KATHY COWAN: Hello, my name is Kathy Cowan and I am here to speak about the budget. Neil Sams touched on a lot of issues already. I am a relatively new business in Kapa'a Town, though I lived there for twenty -three years. Kapa'a has a very special opportunity with the park right there next to the ocean. For a long time that area has been a (inaudible) and a lot of our businesses are missing opportunity by not having a place that draws people in so much. As a coastal town, I think there is a lot of opportunity. I think there is a great opportunity to have a place for families to stop and what I would like to see is more of a general use park. The beach park — I would love to see a beach park there. A place where more kids can come and as it is now there is probably about ten (10) hours, the week donated to the kids that go and play soccer and football, we would like to see more families have an opportunity to use them as well. I definitely would like to see more planning go into that. I worked on Kamalani Playgrounds and I think there is a lot of opportunity to beautify that area, to create a stopping point for people, visitors particularly. I ride that path a lot and many times going by there, the one (1) pavilion is occupied by homeless people 24/7, so it is not very inviting. There is a police substation which I know is going to be moved, but that big fence around the park, there is nothing that is inviting about that. It is just not a very comfortable place to ride my bike past. I think we have a great opportunity to develop that into a beautiful place, into a gem, and I would just like to see that happen. Chair Furfaro: Thank you very much for your testimony and also your vision. KATIE VERCELLI & KASIAH VERCELLI: Hello Councilmembers. My name is Katie Vercelli and I am a volunteer parent coordinator at Kapa'a Elementary School as part of our PTSA program — a volunteer parent coordinator for our after school program which is called the Dolphin Clubs. The purpose of the club is an enrichment program with emphasis on introducing enriching activities and sports and recreation in order to provide more access for our students to healthy activities that are available right on campus. We have over eight hundred PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 16 MAY 9, 2012 students in our school and it is very difficult for many of them to have access to healthy activities directly after school. I would like to introduce funding of fifteen thousand dollars into the Parks and Recreation budget under special projects. We are seeking to obtain a matching amount of fifteen thousand dollars which is funded by our PTSA program currently. Each quarter we strive to offer between four (4) and six (6) enrichment or Dolphin Clubs which is open to all students in our school. We also offer a homework help program for our students, which is offered free of charge, to provide access to students who have difficulty in completing homework assignments for one reason or another; those students are referred to us by teachers. And that is just a piece of our project, the big part is to help students have more access to opportunities. We have been able to offer a variety of classes in the past ranging from dance, yoga, music, art, track and field, jump rope, African drumming, a whole variety of things, and we really want to get kids up and moving, and we are really inspired by our First Lady's message of let us get kids get up and get active, but we do know that it is difficult for kids to get access with working parents that cannot always get there. I also know that the rates of childhood obesity, so we want to do our part to combat that if we can. Our PTSA, we are very proactive in raising funds; we just had a huge bread sale at our school and sold over seven thousand five hundred loaves of bread, but only parts of that can go to fund our afternoon school program because we also fund many other programs at our school. We are trying to find additional sources of funding to help us keep our recreation enrichment program going at Kapa'a Elementary so that our students can have access. We want to keep it affordable. The Dolphin Clubs piece, the kids are charged a rate, ten dollars per Dolphin Club, and we would like to keep it at that if we can and keep it affordable for our students. The homework help program is free because we feel that it is essential for kids to get help. I have with me today somebody who has participated in the Dolphin Club at Kapa'a Elementary and she would like to share something if she may. KASIAH VERCELLI: Hi, my name is Kasiah Vercelli and I am a student at Kapa'a Elementary School. I have participated in the after school program at my school called Dolphin Clubs. I love Dolphin Clubs because it gives me something fun to do after school and it also teaches me skills and to be active and to be healthy. The classes I have taken are ukulele, African drumming, jump roping, taiko drumming, yoga, lego robotics, and art. I love Dolphin Clubs and I hope it can be offered next year. Thank you for your time. Chair Furfaro: Thank you very much. Thank you for being here this evening. LUCY MILLER: Hello, my name is Lucy Miller and I am a resident of Kaua`i. I want to thank you for the opportunity to express my concern about the proposal. I think included within budget that was submitted that includes a move of the ADA position to the proposed Human Resources Department. My chief concern here is for the future and the people on Kaua`i with disability. The PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 17 MAY 9, 2012 ADA, American with Disabilities Act, was passed in 1990; still, it took about another ten years for Kaua`i to begin to be in compliance and it required lawsuits. It required creation of a transition plan and part of that, the most important part, was the position of the ADA coordinator in the Mayor's Office and overseeing that and providing input was via established "MACFEA," which is the Mayor's Advisory Committee For Equal Access. The ADA is a living document. It was passed originally in 1990 and it since has been revised and updated and refined many times —as the needs changed, situations changed, what decisions with new legislation, and part of the change in times besides new technology has been increase of numbers of people with disability. The baby boomers are getting to that age where they are becoming disabled, more children have been born who are surviving, but not without lingering disabilities and special needs, many of which are very serious. I also want to mention that returning veterans are coming back to their homes on Kaua`i, and many of them with disabilities that they sustained while they were defending us. We are not a small group. In order to be able to participate in this hearing, I had to get an interpreter, and because it was late notice before I even found out about this hearing, I contacted our ADA coordinator who was able to facilitate this for me; I think you will get the bill. Another thing that she was doing that special interest to me is there is a new mandate called the 23rd Century Communications Act. When we get that in place, it exists in the Country and the World, and when we get it in place to be set up in the County facilities, we will not need to arrange far in advance for interpreters, and we have few on the island that in many times we have to fly them in. We would have a computer screen that would be able to do either interpreting or captioning remotely, and like I said, that is now coming into place, it is mandated by the Federal law, and Kaua`i again, is a little bit slow to move up there. Now if the ADA position were moved to the Human Resources Department, my concern is that Human Resources dealing with employment issue for the County, staff training – yes, that is part of it but there are four (4) other titles within the ADA which employment is just one. Those have to do with public access to County facilities, to private facilities, and so forth, and it is for Kaua`i residents and visitors. If ADA was moved to Human Resources, I am not sure that we would maintain our needs for access. I am a member of MACFEA. I am also a member of DCAB – part of the State. DCAB is appointed by the Governor of the State of Hawai`i and it is the Disability and Communications Access Board. As a member of DCAB – the recently implemented law was passed in this year's legislature that is on the Governor's desk waiting to be signed, and this has to do with facility access and document review, which when the new law is implemented, the County will be bearing the expenses, but they will have to work closely with the Governor's Office which is DCAB. This is also another reason why I think that the suggested placement of the ADA coordinator may not be appropriate in that new department. As you deliberate on this whole budget hearing, which I know has to do with a lot more than my concern, please remember that twenty percent of our community is relying on you to make the right decision for us. PUBLIC HEARING Resolution No. 2012 -30, Bills Nos. 2431 and 2432 18 MAY 9, 2012 Chair Furfaro: Thank you very much. I do want to say that we had earlier testimony that implied how important it was to keep this coordinator's position in the Mayor's Office, and one of those pieces was the net outcome of having more influence over the other departments of having the position in the Mayor's Office so that we can be closer to the action that needed to be taken. Your testimony is very well received and you did that right thing by going to Christina to make arrangements for this testimony today, and we would gladly accept the bill as we put down on the notice of our agenda that you did exactly right by needing an interpreter to contact Christina. Thank you very much for your testimony. Mr. Rapozo: I have a question, Dr. Lucy, and my question is I take it that you are a member of the MACFEA, is that correct? Ms. Miller: Yes. Mr. Rapozo: Am I to assume that the Mayor's Advisory Council was never consulted regarding the move of the ADA Coordinator to a new department? Ms. Miller: That is correct. I only found out just before the weekend. Mr. Rapozo: Okay, thank you very much Dr. Lucy, I appreciate it. There being no further testimony on this matter, the public hearing adjourned at 6:30 p.m. /ds Respectfully submitted, RICKY WATANABE County Clerk