HomeMy WebLinkAbout06/29/2011 FINANCE/PARKS & RECREATION/PUBLIC WORKS PROGRAMS COMMITTEE MeetingMINUTES
FINANCE /PARKS & RECREATION /
PUBLIC WORKS PROGRAMS COMMITTEE
June 29, 2011
A meeting of the Finance /Parks & Recreation /Public Works Programs
Committee of the Council of the County of Kauai, State of Hawaii, was called to
order by Councilmember Tim Bynum, Chair, at the Council Chamber, 3371-A
Wilcox Road, Lihu`e, Kauai, on Wednesday, June 29, 2011, at 11:11 a.m., after
which the following members answered the call of the roll:
Honorable KipuKai Kuali`i
Honorable Nadine K. Nakamura
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Honorable Tim Bynum
Honorable Dickie Chang, Ex-Officio Member
Honorable Jay Furfaro, Ex-Officio Member
Minutes of the June 8, 2011 Finance /Parks & Recreation /Public Works
Programs Committee.
Upon motion duly made by Councilmember Rapozo, seconded by
Councilmember Chang, and unanimously carried, the Minutes of the
June 8, 2011 Finance /Parks & Recreation I Public Works Programs
Committee was approved.
The Committee proceeded on its agenda items, as shown in the following
Committee Reports which are incorporated herein by reference:
CR-FPP 2011-05: on C 2011-75 Communication (02/10/2011) from Council Chair
Furfaro, requesting the Administration's presence
to provide the Council with an update on the
Kapaia Swinging Bridge Project.
And FPP 2011-03 Communication (06/16/2011) from Committee
Chair Tim Bynum, requesting agenda time for
Angie Westfall, Architecture Branch Chief,
Department of Land and Natural Resources,
State Historic Preservation Division, to discuss
the historic nature of Kapaia Swinging Bridge,
which is currently registered on the Hawaii and
National Register of Historic Places.
[Received for the Record.]
Bill No. 2149, Draft 1 A BILL FOR AN ORDINANCE AMENDING
SECTION 19-2.1 AND ADDING A NEW ARTICLE TO
CHAPTER 19 OF THE KAUAI COUNTY CODE 1987,
RELATING TO CAMPING AT LYDGATE PARK
[This item was amended then deferred.]
Chair Bynum: So I know that on this item regarding
Lydgate Camping it's been, this is a bill that's been pending for a number of years
and so I know some Councilmembers may not be familiar with the history and I
know Mr. Heu is and I know Mel has some of that... and so I'm going to start if it's
without objections. I'm kind of giving an overview of the history of this and this bill
and why it's before us again, is that okay with everyone? Okay so... this goes back
quite a while at Lydgate Park following community built projects there, there was a
master plan done for the park. It was done by the Friends of Kamaiani and
Lydgate Park in collaboration with the County Administration and it involved a lot
of outreach to the community about what was the community's vision for an
expanded Lydgate Park, this was after we built the playgrounds a very popular
park. We've done statistics on the weekends, it's eighty-five to ninety percent local
families and it has very high usage during the weekdays; it's more like sixty percent
visitors who are out swimming in the safe swimming area and enjoying the park.
But the community said at the time they wanted an expanded park, more
picnicking, more... and they also talked about the dire need for sports fields and a
camp ground, they wanted an eastside campground. So the master plan was
developed for Lydgate Park that had all of those elements and the campground
specifically I'm going to talk about because that's why we're here, this was
community input who said a lot of people said you know I've been to campgrounds
where you actually get a camping permit for a site not just for an area. And then
when I get that permit, I don't have to show up early, I know I have that site, I
know that I have the facilities, I need a picnic table and a barbeque, we'd like to do
site camping. We heard a lot from women in particular that they liked better
showers that had more privacy that for some people showering in the kind of
wooden partition thing out in the open is not an option. It keeps people who wants
to camp from camping. When we put the plan together, we ended up having thirty-
two campsites. The other thing we heard is we need an area for groups like Boy
Scouts and sports teams, and church groups... to congregate together and to have
facilities and so we attempted to incorporate all of those elements. I forgot... in
2001 when we built the Kamalani Kai Bridge we also built the campsites, it was
mostly community built. So each campsite has either a ten by ten or a five by five
pad, we built with federal funds by the way that restroom facility that has indoor
restrooms and also it has an office which has been boarded up for several years.
That office was intended to be for County Park Rangers and people that have a site.
There was a community built pavilion that was wonderful, it was a piece of art and
unfortunately it burned down. For a number of reasons and some issues with ADA
compliance where there were some errors made by the contractor and the County in
terms of making these ADA campsites and part of that difficulty had to do with
wanting to really provide a good camping experience for people with disabilities.
We tried to... there are three (3) sites that are specifically designed for people with
disabilities, so with that history in mind, even though the community helped build
that playground almost six (6), I think more than six (6) years ago, it's never opened
as a campground, because these issues had to be dealt with. So what has happened
in the meantime is that the Administration has followed through with making ADA
improvements to the campground and I have to acknowledge Avery Youn who
stepped up and said I'll do a design of a new pavilion for you and he did that pro
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bono. If you haven't been to Lydgate that pavilion is completed I believe or very
near completion. It was an arts pavilion so we did it... you know... we rebuilt it as
the community built because we didn't want it to burn down again but there's an
art component in that. Carol Yotsuda and a bunch of volunteers have been out
doing ceramics all over the island and so we've reached the point where we've done
the ADA improvements, we've done... you ,know we rebuilt the pavilion and in
dialog with the Administration we're moving towards reopening the campground.
So that brings us to the ordinance. The ordinance... because it's site
camping, it has to be done... you know we need an ordinance to set up the
parameters and the rules because we have ADA campsites. The County four (4),
five (5) years ago worked very diligently on writing this ordinance, a lot of thought
has gone into the language that's in this ordinance. It required the Administration
at the time to go to the union and get different job descriptions for the employees,
we had discussions about security and how are we going to manage the ADA sites,
and it's all in this ordinance.
One issue that the consultants told us was that in order to manage site
camping, it was important for the people who get the permits to have some
commitment to actually show up for those permits and so they strongly suggested
that we charge a nominal fee. Well that has been an interesting issue because
historically on Kauai people who live, who are residents here don't pay camping
fees. What was proposed was a very nominal fee for residents and at one point
there was a lot of discussion about that but these are campsites and so if you read
the ordinance it says a ten by ten size pad is good for up to ten people. There are
smaller campsites like five by five that are good up to five people and those people's
names would have to be on the permits. But the proposal was to charge a five
dollar fee per night, per site not as really a money maker or wanting to institute
fees, but as a management tools because I think we all know there are some people
that go to the Parks Department and get a permit for every single weekend in the
summer at Anahola for instance and they may or may not show up. But if you get a
free permit for this premiere campsite right on the ocean and then you don't show
up, the people that don't have as good as sites, they're not going to be really happy,
they're going to want to move and .it's going to cause management problems. So the
issues about fees have gone back and forth. I asked the Administration to take a
position; hopefully they tell me what it is today. My own personal view is them
having a nominal five dollar per night, per campsite fee is a good idea in terms of
management of the campsites and is not an obstacle that would keep a family from
camping there. There are some really good advantages about having site camping in
terms of managing a campground because if you want to close it down for
maintenance, you just don't issue permits. If one area seems to be overtaxed and
you want to let it lay fallow for a while, you just don't give permits for that site.
There was a lot of discussion should it be open seven days a week or should it be
open only four days a week? My own personal view is to leave that up to the
Administration, they manage the site, if they want to... you know... but we did put
in here that it's a maximum of five nights in a row at the site, that the nights you
spend at Lydgate is part of the sixty (60) days that you're allowed to do campsites in
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the county, but the Administration can decide if they want to close it on Tuesdays
or... for my own personal view is because you have that ability to control it with the
sites, is you know... pretty much leave it open. I would assume they would kind of
do a soft opening and then wait, see how it goes. Maybe not issue all the permits all
at once right when the campground opens but I think we're in concurrence that it's
time to open the campground that we've accomplished the goals that we needed to
and we need this ordinance to do it. ~ Councilmember Yukimura.
Ms. Yukimura: I want to thank you and all the people who
have worked on this for so many years in conjunction with the community. My
question is, this only will apply to site camping and the only place for site camping
right now is Lydgate, is that correct?
Chair Bynum: This is the Lydgate Park camping ordinance;
it applies to Lydgate not to the other campgrounds.
Ms. Yukimura: Okay. And this is for the new specifically
designed campsites that are on the southern portion of the park?
Ghair Bynum: That's correct.
Ms. Yukimura: Okay, thank you.
Chair Bynum: And the restroom facility that was built
there was part of the transportation project there, so the federal government and
state government have been very amenable to having these facilities meet multiple
needs. There's a nice maintenance facility at the Lydgate Park now that was built
with federal funds part of this project, I mean we're going to have an update on the
bikepath but there basically was two point six million dollars of federal funds in
Lydgate park to build the park, the maintenance shed, the restrooms, the bridge
and the bridge was community built with materials bought by the government.
That entire twenty percent match that we've discussed today was done by sweat
equity, the people who did, who built this campground, built that bridge so all of
that improvements for Lydgate and zero county dollars involved in it so it's a very
creative use...
Ms. Yukimura: So that means you were... I mean that was
the example you were talking about when you talk to the Save Kapaia Swinging
Bridge.
Chair Bynum: One of many examples on Kauai.
Ms. Yukimura: To me that shows a lot of the value of
planning well so that you can use moneys meant for the bike... excuse me... for the
multiuse path because the multiuse path can qualify for restrooms and
maintenance shops and so forth or maintenance facilities that you could use those
moneys to enhance our parks as well as to be part of the multiuse path?
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Chair Bynum: Right.
Ms. Yukimura: That's a wonderful thing, thank you.
Chair Bynum: Other discussion?
Ms. Nakamura: Just a question?
Chair Bynum: Councilmember Nakamura.
Ms. Nakamura: On the fees, you had mentioned five dollars a
day and this bill says twenty-five dollars a day, so I was just wondering what
number are you proposing?
Chair Bynum: Well and that's why I want to have a
discussion with the Administration.
Ms. Nakamura: Okay.
Chair Bynum: And the Council, I said my own view is... I
mean the way the bill is right now it says no fees for residents and it has atwenty-
five dollar per day campsite fee for visitors.
Ms. Nakamura: Oh... number three.
Chair Bynum: And a hundred and fifty dollars a day for... I
want to say something about the group campsite because I know I can anticipate
these questions. The intention of that pavilion and this bill would give exclusive
use of that pavilion to a group who bought a permit for it. A lot of questions came
up about well what if somebody didn't really want to camp, they just wanted to have
a church picnic right and the simple answer is you have the permit, you bought the
permit for two days, you have the facility for this time. If you choose not to put
camp tents there at night, that's fine... so it will have that multiple use. It could be
used for kind of a pavilion rental or if it's like I said if it's Boy Scouts or there's a
soccer tournament you know we had a lot of talk about... you know all of us have
been involved in soccer which is probably everybody around this table pretty much,
we raise all this money to go to Oahu for .tournaments, one of the visions was to
have tournaments here, we have the three fields. It would be the Oahu groups that
would be buying and camping there, that kind of thing.
Ms. Nakamura: The...
Chair Bynum: So that was the intention. You know if it's
the will of the Committee, I've had prepared an amendment that would reestablish
the five dollar fee for a site and aseventy-five dollar fee for the pavilion.
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Ms. Yukimura: For residents.
Chair Bynum: For residents with the fees being higher for
visitors or people from out of state. And there was a lot of discussion with the
community groups who were interested in this like Boy Scouts and Girl Scouts and
you know it was seventy-five dollars a reasonable fee and they said hey that's great.
That gives them exclusive use of the camp and then the area for those of you walk,
you know there's that big giant open lot that needs to be mowed right but group
camping will be restricted to that area. There's also things in the ordinance that
says your tent has to be on the pad and that was a management issue because you
know there's a pad at each campsite level with tie down hooks and so if your tent
has to be on the pad, it's a good management security tool. You look around, you
see a tent that's off a pad or not in the group camp area and if you're a park
caretaker or ranger, you know there's an inquiry there. Is there somebody that's
camping without a permit? So...
Ms. Nakamura: Another question that I had is that if there's
thirty-one camping sites that can accommodate between five to ten people per site
and then the group site that can accommodate up to two hundred people, you could
potentially have about four hundred people or so in that area at any given time.
Chair Bynum: We probably discussed this for a month for...
for four meetings or more and we did a parking study, how many parking sites are
there and so you know those are great questions and that's why there's a limit on...
but there's also a limit that the Administration, that's the other beauty of
campsites, if they find out that it's over capacity, they can limit the permits. But
it's not likely that each person that gets a permit is going to bring ten human
beings. What is likely and we had this discussion, four people are going to camp
there but a bunch of their neighbors are going to come down during the day and
socialize and so I think that's part of the reason for having site camping and why I
suggested that the Administration might want to initially not issue all the permits.
Ms. Nakamura: Okay.
Chair Bynum: See how the carrying capacity is, see if the
parking works. But if you drive in that site, as you come into the restroom, there's
some stall parking that's designated but there are sites for one or two cars at almost
every site and as you come in, there's an overflow kind of parking area that will
accommodate twenty-five or thirty cars, so there was a lot of thought and that's one
of the reasons some people ask you know this path goes through this really nice
grove of ironwoods where there's no camping and that was the reason, was like let's
not over tax this site.
Ms. Nakamura:
flexibility in issuing permits?
So the intent is to give the Administration
Chair Bynum: Yes.
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Ms. Nakamura:
Chair Bynum:
Ms. Nakamura:
Chair Bynum:
Ms. Nakamura:
Chair Bynum:
To...
That would be my preference.
To address carrying capacity issues?
Exactly.
Okay, that's good.
Councilwoman Yukimura.
Ms. Yukimura: May I? 5o for residents a campsite that
accommodates five to ten people would cost five dollars a day, is that right?
Chair Bynum:
Per site.
Ms. Yukimura: Per site. So that essentially the minimum
number of people who could be there is five people, so it'd be like one dollar a person
per night basically.
Chair Bynum: Well the site could have, it's your site... and
you can...
Ms. Yukimura: Right.
Chair Bynum: You can camp there alone or you can bring
up to ten in the larger sites.
Ms. Yukimura: Right.
Chair Bynum: And up to five in the smaller sites. There
were sites that were designed really with a couple in mind you know or a small
family, two people and one child.
Ms. Yukimura: But I mean... okay... so at the most it
would...
Chair Bynum: At the most...
Ms. Yukimura: It would be five dollars for one person?
Chair Bynum: If only one person came.
Ms. Yukimura: If only one person came but because it's a
site fee, if you have five people there it's like a dollar a person?
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Chair Bynum: That's correct.
Ms. Yukimura: And if you have ten people there it's fifty
cents?
Chair Bynum: That's correct.
Ms. Yukimura: Okay.
Chair Bynum: I mean there was some discussion back then
about making the cost higher, I personally don't see this as a way to make money
or...
Ms. Yukimura: Or even offset cost?
Chair Bynum: I see it as a management tool.
Ms. Yukimura: Yes.
Chair Bynum: But it will offset cost, we did analysis, this is
like four, five years ago but it would probably even at these fees generate about
forty-five to fifty thousand dollars a year. Depending... you know with certain... I
think it was based on a half capacity and we could do that math but the intention is
as a management tool. We currently do charge visitors for camping and we looked
at all the legal issues about whether is it okay to charge different fees for visitors
and it is.
Ms. Yukimura: Because there will be additional services and
county cost in order to support this campsite? Because you already... I mean to
manage the site you'll need additional hours from County Rangers and so forth?
Chair Furfaro: I would leave that to the Administration. At
the time we did add personnel, since then we have put in three sports fields that are
very high maintenance item because they get mowed every week and they're
irrigated. But we also worked out the staggered scheduled so there were County
employees, I believe it was like from 5 p.m. to 8 p.m. in... you know having a
physical presence and that's a different... most of our parks don't have anybody in
the park after 3:30 or 4:00.
Ms. Yukimura: Well this is going to be a wonderful
opportunity for residents. They are from what I see beautiful campsites and they
will incur extra maintenance and so forth.
Chair Furfaro: So collecting some fees is...
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Ms. Yukimura: Yes is justified. Okay. Do you want a
motion to approve the bill?
Chair Bynum: That is what we should have started with.
Ms. Yukimura moved to approve Bill No. 2149, Draft 1, seconded by
Ms. Nakamura.
Chair Bynum: We're in discussion.
Ms. Yukimura: Would you like me to introduce?
Chair Bynum: Mr. Rapozo would it be okay if you joined us
for this discussion?
There being no objections, the rules were suspended.
LENNY RAPOZO, DIRECTOR OF PARKS & RECREATION: For the record
Director of Parks & Recreation Lenny Rapozo.
Chair Bynum: Mr. Rapozo, I'll just start with, I assume you
heard my overview and I welcome any corrections or comments.
Mr. Lenny Rapozo: Your overview was very accurate for the
most part. We do support some fee in order to help better manage the campsite, a
nominal fee of campsite camping, five dollars for residents.
Ms. Yukimura:
Mr. Lenny Rapozo:
group camping.
Chair Bynum:
this bill along those lines?
Per site?
Per campsite and seventy-five dollars for the
So there'd be no objection to us amending
Mr. Lenny Rapozo: Yes and for the non-resident twenty-five and
a hundred and fifty accordingly from what I understand.
Chair Bynum: Anything else you'd like to add before I
entertain questions?
Mr. Lenny Rapozo: Well we are planning to not open all the sites
at once. Back in 2009 when I came before this body, we had that discussion and we
identified specific sites as to which ones we wanted to open and monitor and see
what the impacts would be for the reasons that Councilmember Bynum had
mentioned. We have an idea as to the site, the campsite numbers that we will be
opening. We also looked into considerations from then Councilmember Furfaro
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about possibly extending some of the checkout times for teams that come here that
need to catch a later flight so we incorporating all of those into our draft rules of the
park. Once the ordinance is set then we'll finalize the rules of the campsite, the
Lydgate Camp Park sites.
Chair Bynum: I think one of the discussions initialing on
the Council last year was to try not to make that ordinance too detailed and leave it
up to the Administrative rules?
Mr. Lenny Rapozo: Yeah, correct.
Chair Bynum: Questions for Mr. Rapozo? Councilmember
Nakamura.
Ms. Nakamura: So based on that line of thinking should the
fees be in the rules or the ordinance?
Chair Bynum: I think those have to be in the ordinance.
Mr. Lenny Rapozo: In the ordinance.
Ms. Nakamura: Oh okay, thank you.
Chair Bynum: Councilmember Yukimura.
Ms. Yukimura: I'm sorry, I just want to make sure I heard
right, you folks are working on rules and we would promulgate them after we pass
this?
Mr. Lenny Rapozo: We have a draft set of Administrative rules
to administer at the park, to manage the park. Once the ordinance is finalized then
we'll finalize our administrative rules.
Ms. Yukimura: So there would be some gap between when
this ordinance passes or when this bill passes into an ordinance and when you open
the campsites because you still have to go through the rules process?
Mr. Lenny Rapozo: Correct and part of our discussion here today
is to anticipate the campgrounds being completed. They're not completed yet. Once
it's completed hopefully we'll have everything in order that we minimizing the
time...
Ms. Yukimura: Yes.
Mr. Lenny Rapozo: ... that the community can enjoy the facility
so we're trying to get this process started, yes.
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Ms. Yukimura:
restore the burnt down pavilion.
Mr. Lenny Rapozo:
Ms. Yukimura:
Mr. Lenny Rapozo:
Ms. Yukimura:
Mr. Rapozo:
Chair Bynum:
Excellent and thank you for your efforts to
We all had a part of it...
Yeah.
... this Council as well as us_
Thank you.
I have a question.
Councilmember Rapozo.
Mr. Rapozo: Lenny, you guys anticipate any more need
for more manpower... Rangers or maintenance, yard?
Mr. Lenny Rapozo: Probably well we don't have enough Rangers
as a whole but manpower as far as maintenance as Councilmember Bynum had
mentioned, the manpower was allocated with the idea of the campground being
there. Since then we have gotten the sports field which is a great thing, it's being
well used... and we need to upkeep that. We're going to look at the impact and see.
Mr. Rapozo: So what are we looking at as far as Rangers,
if this... when the campground opens up, what do you anticipate as far as
manpower both in the caretaker side and the Park Rangers?
Mr. Lenny Rapozo: As far as the maintenance side is concerned,
again we already pulled one to help with the field, so that's one body. They'll
probably have to go ahead and help. out with the campground as well but as far as
the Ranger side we anticipate or we plan to have our Rangers make visits to the
site, we currently have five on staff and once our budget takes into effect, we plan to
fill that position.
Chair Bynum:
in the budget right?
And we added one Ranger position this year
Mr. Lenny Rapozo:
position.
Chair Bynum:
But we funded?
Mr. Lenny Rapozo:
No we didn't add, we took a dollar funded
Yes, I'm sorry. Thanks for that correction.
Yes.
Chair Bynum: An additional Ranger?
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Mr. Lenny Rapozo: Yes.
Mr. Rapozo: Thank you.
Chair Bynum: Councilmember Kuali`i.
Mr. Kuali`i: I just heard you say, not completed yet but
do you have an estimation of when it will be completed?
Mr. Lenny Rapozo: As long as the weather cooperates about six
(6) more weeks. We're about two weeks out with the campsite and about four weeks
out with the pavilion.
Mr. Kuali`i: And then I heard Councilmember Bynum
state earlier that one of the problems was that some residents are reserving the
campsite for multiple dates and then they don't necessarily use all those dates and
then all the residents... and maybe this fee will make them more responsible to just
reserve the time that they're really going to use because they're putting money
forward now. But would you agree that even without a fee, you could manage that
by not allowing residents make multiple reservations?
Mr. Lenny Rapozo: Well what's happening, what
Councilmember Bynum and what typically is happening now, every park has a limit
in terms of how many campers; for instance `Anini which is one of our most busiest
camping area, we have a limit... and once that limit is waxed in terms of permits,
we no longer take any permits. But then these people go and enjoy `Anini and they
come to our office and say, we could have camped, plenty room... people not showing
up_ By administering these fees as a management tool, we won't have that
problem. Hopefully they'll go and camp or at least tell us, we not going.... can I get
my five dollar or twenty dollar, ten dollar refund, whatever it is so that we can issue
a permit to somebody else that like to camp.
1VIr. Kuali`i: And so as it's been without the camp open so
far people have, like if they're going to go fishing overnight and they just pull up
near to where those pads are I suppose and back their truck in and they're fishing
all night, they kind of sleep in the truck... that has all happened but in the future,
none of that would be allowed anymore?
Mr. Lenny Rapozo: We haven't seen that in the particular
campsites, people still... if you go through the Kamalani Bridge between Kahalani
and the campsites, cars still park there and go fishing. They still go down to the
beach, access (inaudible) the Kamalani Bride unto the bridge. I see some days
people park there and enjoy the beach right now but we haven't experienced a lot of
people doing those types of activities.
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Mr. Kuali`i: But if they do it in that manner and actually
stay overnight and the campgrounds are open and they don't. have a permit then
they will be considered in violation?
Mr. Lenny Rapozo:
They'd be subjected to a citation.
Mr. Kuali`i: So I think we'll have to do a lot of education
as far as making sure that they know in advance to get a permit.
Mr. Lenny Rapozo: Yes.
Mr. Kuali`i: Because I do see something like a hundred
dollar fine per day...
Mr. Lenny Rapozo: Yeah.
Mr. Kuali`i: That's kind of outrageous.
Chair Bynum: Councilmember Nakamura then
Councilmember Rapozo,
Ms. Nakamura: Will this be the first campsite where you'll be
charging a fee?
Mr. Lenny Rapozo: For site camping, yes. Yes... we charge fees
for non-residents that camp in our other parks.
Ms. Nakamura: Oh okay.
Mr. Lenny Rapozo: But we don't charge a fee for residents.
Ms. Nakamura: Okay and do you have the personnel to
manage the collection of the fees and all of that?
Mr. Lenny Rapozo: They'll be... it's part of the permitting
process, so yeah.
Ms. Nakamura: Okay, alright. Should these fees be
nonrefundable?
Mr. Lenny Rapozo: If you camp, yes. But I believe there is a
provision in here that if you, maybe not in...
Ms. Nakamura: I was going to suggest that if it doesn't then
we add that to the...
Ms. Yukimura: To the rules.
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Mr. Lenny Rapozo: I know it's in the rules somewhere that if you
decided you don't do it in so many days...
Ms. Nakamura: Okay, alright.
Mr. Lenny Rapozo: ... we have that, yeah.
Ms. Nakamura: Thank you.
Chair Bynum: Other questions?
Mr. Rapozo: I just have one.
Chair Bynum: Oh I'm sorry, Mel.
Mr. Rapozo: Lenny under the penalty section, is that
going be a civil or criminal, who's going to be responsible for collecting that fines?
Mr. Lenny Rapozo: I believe it's, as it's being done right now for
failing no camping permit.. .
Mr. Rapozo: Yeah.
Mr. Lenny Rapozo: It's Judiciary functions.
Ms. Yukimura: District Court.
Mr. Lenny Rapozo: We issue a citation (inaudible) District
Court.
Mr. Rapozo: And they go to Court?
Mr_ Lenny Rapozo: Yeah.
Mr. Rapozo: As a criminal?
Mr. Lenny Rapozo: Yes.
Ms. Yukimura: Well citation... traffic citation...
Mr. Rapozo: But I meant criminal versus civil, in other
words it would be the Prosecutor's Office charging them versus the County Attorney
going after them in a...
Ms. Yukimura: Oh yeah, you're right.
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Mr. Rapozo: Thank you.
Chair Bynum: Thank you very much Mr. Rapozo.
Mr. Lenny Rapozo: Thank you.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Ms. Yukimura: Yes, I'd like to propose an amendment which
I believe hasn't been circulated?
Mr. Rapozo:
Chair Bynum:
Mr. Rapozo:
(2) weeks?
Chair Bynum:
Mr. Rapozo:
Chair Bynum:
Mr. Rapozo:
right?
Chair Bynum:
Mr. Rapozo:
Chair Bynum:
Mr. Bynum?
Mr. Rapozo.
Would it be a problem to defer this for two
Apparently not.
I'm just asking, I mean...
And I mean...
...this is the first time it's come up since 09
That's correct.
This bill originally was introduced in 05.
That's correct. .
Mr. Rapozo: And I just got it right now, right before the
meeting... so I do have some questions and I'm pretty comfortable with the
ordinance as written but there are some questions. I wanted to speak with the
Police Department and just see their feelings on it as far as some security issues
but... if we can just one deferral and we can submit our amendments at the next
meeting?
Chair Bynum:
Ms. Yukimura: Mr. Chair?
Chair Bynum: I'm open to that but we can do this
amendment today.
15
Ms. Yukimura moved to amend Bill No. 2149, Draft 1 as circulated.
Chair Bynum:
amendment?
Ms. Yukimura:
Chair Bynum:
Ms. Yukimura:
Mr. Rapozo:
Ms. Yukimura:
Chair Bynum:
So do we need a short recess to prepare that
No, it's here.
It just doesn't have your name on it.
Oh?
Is this the floor amendment here?
That's okay.
We're going to have a five (5) minute recess.
There being no objections, the Council recessed at 2:45 p.m.
The Council reconvened at 3:10 p.m., and proceeded as follows:
Chair Bynum:
Councilmember Yukimura.
Ms. Yukimura moved to amend Bill No. 2149, Draft 1 as shown in the Floor
Amendment which is attached hereto as Attachment 1, seconded by Mr. Rapozo,
and unanimously carried.
Chair Bynum: So we're going...
Ms. Yukimura: To defer?
Chair Bynum: Any further discussion on this item?
Upon motion duly made by Councilmember Yukimura, seconded by
Councilmember Rapozo, and unanimously carried, Bill No. 2149, Draft 2 was
deferred.
Bill No. 2408 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A,
KAUAI COUNTY CODE 1987, RELATING TO HOME
EXEMPTIONS
[This item was deferred for one (1) month.]
Chair Bynum: Regarding this Bill and finishing the budget,
we have a lot of taxation issues. I had prepared a presentation; however,
Mr. Rezentes is not available today and I'm not going to be here in two (2) weeks.
I'd like to request a deferral for two (2) meetings.
16
Upon motion duly made by Councilmember Yukimura, seconded by
Counciimember Rapozo, and unanimously carried, Bill No. 2408 was deferred
for one month.
There being no further business, -the meeting was adjourned at 3:15 p.m.
Resp~~ec~tf~ully submitted, ,
GV ~ t y~~~r~-~M.~'
arrellyne M. imao
Council Services Assistant II
APPROVED at the Committee Meeting held on July 13, 2011:
MB
CHAIR, FPP E
17
JUNE 29, 2011
FLOOR AMENDMENT
INTRODUCED B~: JoAnn A. Yukimura
BILL NO. 2149, Draft 1
Amend Bill No. 2404, Sec. 19-4.6 to read as follows:
"Sec. 19-4.6 Fees.
The following camping fees shall be collected at the time the permit is issued:
(1) Camping site (State Residents) [No Fee] $5.00 per day
(2) Group camping site (State Residents) [No Fee] $75.00 per day
(3) Camping site
(4) Group Camping site
$25.00 per day
$150.00 per day"
(Material to be deleted is bracketed. Material to be added is underscored.}
1
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