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HomeMy WebLinkAbout07/27/2011 FINANCE/PARKS & RECREATION/PUBLIC WORKS PROGRAMS COMMITTEE MeetingMINUTES FINANCE /PARKS & RECREATION I PUBLIC WORKS PROGRAMS COMMITTEE July 27, 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 Mel Rapozo, Vice Chair, at the Council Chambers, 3371-A Wilcox Road, Lihu`e, Kauai, on Wednesday, July 27, 2011, at 9:27 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 Dickie Chang, Ex-Officio Member Honorable Jay Furfaro, Ex-Officio Member EXCUSED: Honorable Tim Bynum Minutes of the July 13, 2011 Finance /Parks & Recreation /Public Works Programs Committee. Upon motion duly made by Councilmember Kuali`i, seconded by Councilmember Yukimura, and unanimously carried, the Minutes of the July 13, 2011 Finance /Parks & Recreation /Public Works Programs Committee was approved. The Committee proceeded. on its agenda items, as follows: Bill No. 2408 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, RELATING TO HOME EXEMPTIONS [This item was deferred untill August 24, 2011] Committee Vice Chair Rapozo: Like the Chair mentioned, Mr. Bynum who had introduced this Bill has requested a deferral for four (4) weeks. I will entertain that motion once I ask the audience... is there anyone wishing to testify on that matter? If not, any discussion before I call for a motion to defer? Thank you. Can I have a date four (4) weeks from now, when will that... the next Committee meeting? Mr. Furfaro: Two (2) Committee meetings. Committee Vice Chair Rapozo: 24th of August? Okay. I'll entertain a motion to defer to August 24th. Upon motion duly made by Ms. Yukimura, seconded by Mr. Kuali`i, and unanimously carried, Bill No. 2408 was deferred. Committee Vice Chair Rapozo: There is a request for a recess, okay... Let's take a ten (10) minute recess to get some amendments in order for the next item. Thank you. There being no objections, the Committee recessed at 9:30 a.m. The Committee reconvened at 9:40 a.m., and proceeded as follows: Bill No. 2149, Draft 2 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.] Committee Vice Chair Rapozo: At this time, is there anyone in the audience wishing to testify on this matter? Thank you. I'll suspend the rules, and Mr. Mickens. There being no objections, the rules were suspended. GLENN MICKENS: For the record Glenn Mickens. Thanks Mel. Let me just say first of all, you know I have no dog in this fight. My only concern is to see that the people of Kauai are as represented as possible so I just want to say that going. You got a copy of my testimony, please let me read it for the viewing audience and you can follow it and hopefully you'll have some questions you can ask me. At the Council's last Committee Meeting on July 13, 2011 I read you my testimony regarding Bill No. 2149, Draft 2 and gave you copies. I also gave you copies of eleven (11) questions that former Councilwoman Iseri-Carvalho gave to then Director of Offices of Community Assistance Bernard Carvalho on January 20, 2006. The first nine (9) questions were all ADA related and if those concerns have all been addressed, I would appreciate a written copy of them as I do not believe our newspaper or the public has seen them. Question ten (10) asks for verification from the Department of Health that the bathroom facilities are adequate and complies with the Hawaii Administrative Rules, Title eleven (11), DOH eleven (11), Sanitation at Lydgate Park. Since no new bathrooms have been built at this park since 2006, and we have not seen verification of the above from DOH, Mel, Kaipo and Shaylene strongly asked that this issue be addressed at the time, we still await answers. Question eleven (11) asks for the County Attorney's position on the legality of having outside, private personnel to provide security functions for the County. Shaylene asked for responses to these questions by February 2, 2006, but obviously they were never addressed and here we are five (5) and a half years later still looking for answers. 2 But besides these questions, the public has questions of their own that need answering. One (1), what full study was ever done to see if the majority of the people on Kauai want, need, or have the budget to pay for a new camp ground? Before a road is built, trip counters are put on that area to see if it is needed. So why not look at the big picture first, take a poll, and see if the project is needed? Two (2), does one of the nicest beach parks on Kauai already overly used when occupied by picnickers, swimmers, families playing together, and soccer games need more use to exacerbate the problem? That park desperately needs an irrigation system, not camp grounds. I was there yesterday and could see nothing but brown dried up grass or grass that has disappeared from lack of water. We could use the same number two (2) water that irrigates the golf course and keep that park green the way it should be. Three (3), are we capable of funding possibly two (2) more caretaker positions to oversee and maintain these thirty-one (31) campsites? This is a question asked by those who are now taking care of the park. Four (4), while our Police Department having nineteen (19) vacancies to be filled, Chief Perry's words, and only ten (10) officers to cover our entire island on each beat, who will handle the altercations that will inevitably arise at these campsites? We only have three (3) parks rangers to cover all our parks so they are not the answer either. And I am sure that union rules prohibit any park caretaker from undertaking this task. As the headline in yesterday's paper said, our Chief is increasingly concerned about violence on Kaua`I, plus the proliferation of drugs and robbery makes campsites in this area even more prohibitive. Five (5), when past history has shown that camps in this same area were closed twenty (20) years ago due to drug problems and a murder, why should we believe that in today's even more drug filled society a different result will happen? Six (6), if you are going to take your children camping why would you take them to the middle of town, Wailua, a golf course, a smelly sanitation facility, a condo, and a hotel? My friends have told me that they would never take their children camping there even if there were camp grounds. The North Shore and Kokee are places for camping, not Lydgate Park. And finally, who is pushing for these camp grounds and why? There are pristine areas all over Kauai for camping to fish, hike and enjoy the beauty of what this island has to offer. We continually ready, fire, and aim... on projects we undertake by not looking at the big picture. Let's not continue to perpetuate this mistake with this project. I will appreciate written answers to my questions before we move forward. So if anybody has questions, I'd be more than happy to try to answer them. Committee Vice Chair Rapozo: Thank you Glenn. Any questions for Mr. Mickens? Go ahead Mr. Chair. 3 Mr. Furfaro: I have a statement and I am not a member of your Committee, so thank you for the time. Let me go through some of the process here... we've been dealing with this since 2005, Glenn, 2005. Mr. Mickens: Right. Mr. Furfaro: The pavilion that unfortunately burned down is being rebuilt and probably close to completion with the exceptions of some small amenities. The bath houses are in fact about four (4) weeks away from being retrofitted, okay? That's the answers to your... Mr. Mickens: The bathrooms you're talking about? Mr. Furfaro: Yes. Mr. Mickens: You say retrofitted, does that mean you're building... Mr. Furfaro: I'm going to give you answers; I'm not going to entertain new questions... I want to go through the history. Mr. Mickens: Mr. Furfaro: Mr. Mickens: Mr. Furfaro: Mr. Mickens: Mr. Furfaro: Mr. Mickens: question... Well I'm referring to what you're saying Jay. The bathrooms that you referred to... Yeah. ...that does not meet ADA requirements... Okay. ... are in fact being modified. But are there enough, that wasn't the Committee Vice Chair Rapozo: Glenn? Mr. Mickens: Oh okay, I'm sorry. Committee Vice Chair Rapozo: Go ahead Mr. Chair. Mr. Furfaro: No it's not worth trying to go through the history if every time I give a point, it's going to... I'll wait until the group comes back, you can give me the floor then. Thank you. 4 Committee Vice Chair Rapozo: Thank you. Anymore questions for Mr. Mickens? If not, thank you very much sir. Anyone else in the audience wishes to testify? LEILANI MINDORO: Good morning. My name is Leilani Mindoro, I'm from UPW, I'm the Kauai Division Director. I just want to make a statement that I know this has been ongoing and it's been many years, this process actually started before I became an employee with United Public Workers. Going through the actually, the initial with United Public Workers, there has been changes at Lydgate Park. For example, when this was initially agreed upon with the Union and the employer, the manpower requirements were less. Now the addition of the new soccer park, so there are changes that have happened since the initial approval but since a few weeks back, we've been meeting with Lenny Rapozo, Director of Parks and Recreation so that we can work out the details that need to be done prior to the initiation or the opening if it's approved for these campgrounds. There are still areas that we -need to work on regarding enforcement, also manpower, again looking at safety requirements and what they have from a union standpoint, and I have voiced my concern with Lenny regarding needing additional manpower. Again we're not on the same page at this point but we are in discussions and the director is working with us to try to work out these details. The minimum time requirements we would need for the changing of the schedules to ensure that the scheduling selection process under the collectively bargaining agreement is nine (9) weeks out. So before the opening and the beginning of that, we would need at least nine (9) weeks to engage in that process otherwise there would be a violation, a contractual violation and a penalty to the employer. Mr. Rapozo and his team have been working with us when we have potential violations, so again there are issues that we have regarding like I said enforcement and what level of enforcement the employees will take and also for the safety and I need to go down myself and look at the lighting situation because these guys will be roaming the area up until eight (8) o'clock at night and if permits... even at the winter time by five (5) o'clock, it starts getting really dark, so ensuring that safety and again there was an approval for the Lydgate camping but we are in the process of trying. to work that out with the changes. Committee Vice Chair Rapozo: Thank. you. Any questions for Leilani? Councilmember Yukimura. Ms. Yukimura: Hi. As you mentioned when this issue first came up and the camp grounds and the pavilion were initially built, which according to Council Chair it was about six (6) years ago... there was an initial agreement between the union and the Administration and the County regarding personnel needs right? Ms. Mindoro: In 2003 is what the agreement was. Ms. Yukimura: Okay, thank you. 5 Ms. Mindoro: So again before I became... Ms. Yukimura: 2003? Ms. Mindoro: Yes Ms. Yukimura: So about seven (7) years ago. And you're saying that that agreement, the manpower agreed to... the additional manpower agreed to in that agreement is not sufficient today, is that what you're saying? Ms. Mindoro: I believe it's not. The union's position is that based on and again I don't know what previous position nor does Mr. Rapozo, . we were not in this... Ms. Yukimura: But there's a written agreement somewhere? Ms. Mindoro: There is a... an approval for the staffing for the initial between the union and the employer. Ms. Yukimura: And is that in writing? Ms. Mindoro: Yes it is. Ms. Yukimura: Okay. And as I recall it was for three (3) positions? Ms. Mindoro: Yes. Ms. Yukimura: Okay. So there is a written agreement for three (3) positions but the union is requesting a relook at that? Ms. Mindoro: Correct. Ms. Yukimura: Okay. Ms. Mindoro: Because of the addition and there is... let me just elaborate a little bit further, there is an additional body, there are now three (3) park caretakers and one (1) working supervisor. So from that original three (3), there are now four (4). But again with that addition, you also have the soccer field, so with all of these changes through the union aspect, we have to look at the scheduling in whole again because there's... I would say, there would be at least a hundred and fifty percent (150%) increase in the usage of that park since the original 2003... Ms. Yukimura: Agreement. 6 Ms. Mindoro: ... proposal to make those changes... yeah that agreement. Ms. Yukimura: And at the time of that 2003 agreement the increase in usage wasn't anticipated? Ms. Mindoro: I cannot answer that because again the soccer field came in a few years later... a few years ago. Ms. Yukimura: Yeah. Ms. Mindoro: So I would say three (3) to five (5) years ago? Ms. Yukimura: Yeah. Although even the campgrounds weren't actually opened, so the entire labor burden was and in anticipation of things that would be open I guess. Ms. Mindoro: Possibly? Ms. Yukimura: Yeah. So you folks are going to look at that old agreement and just make sure that it covers and if it doesn't cover, come to some new agreement? Ms. Mindoro: Correct and again we are working closely with Parks and Recreation Director Lenny Rapozo to try to ensure... again our objective is to make sure there is a safe working environment for the employees and that it's within relatively of all park caretakers. Ms. Yukimura: You made a distinction which I think is really a good one between the passage of the law and the actual opening of the campgrounds, so that just because we pass this law, doesn't mean that it's going to open immediately, right? Ms. Mindoro: But... Ms. Yukimura: That's going to be under the control of Parks? Ms. Mindoro: It will be under their control and if they do under the collective bargaining agreement, there would be penalties for not following the... Ms. Yukimura: Right. Ms. Mindoro: ... collective bargaining agreement regarding scheduling and manpower. 7 Ms. Yukimura: So assuming that there may be some changes in schedules which haven't yet been approved, mutually approved... then there's a minimum of nine (9) weeks that would happen between the passage of the ordinance and the opening of the facility? Ms. Mindoro: Correct. Ms. Yukimura: Okay. And then your issues about safety requirements, what are the concerns? One (1) is lighting... Ms. Mindoro: Right. Ms. Yukimura: ...for workers? Ms. Mindoro: And to ensure there's enough manpower because we don't know what kind of situations... you know recently you look in the news and you have all these twenty (20) people involved in a fight down at Nawiliwili and increasing ability of having people there overnight, drinking, whatever the situation may be and ensuring that our employees are in a safe working environment. Ms. Yukimura: So the park rangers are also UPW members? Ms. Mindoro: No, they're HGEA, so I don't even know what their involvement is. Ms. Yukimura: So a lot of the enforcement would likely be between park rangers and police and the coordination of that, I would guess? Ms. Mindoro: And that's what we're working on with Mr. Rapozo to try to... for the union's aspect to define what their enforcement is. You know enforcement could be a whole range of just saying you're not supposed to have your dog in here and then if they get... start to get... whoever the camper is starts to get belligerent or the person there, what is the next step. Just ensuring that there's protocol set for our workers to ensure that they don't get in between a conflict of community conflict. Ms. Yukimura: Well I think the community interest is aligned with, whether it's a worker or another user of the park, the security is a concern for all of us, so it would be important for all of us to make sure that there is arrangement to assure security. Perhaps we can ask Mr. Rapozo some questions about that. I presume that they've been working with the rangers and in conjunction with the police because there's going to be different coordinated roles here. Ms. Mindoro: And I think it's more for everyone to just be on the same page and understand where those boundaries are for each collective 8 bargaining agreement, so that you don't cross over and potentially do something that you're not supposed to do. Ms. Yukimura: And I think like I said there's an interest beyond the worker because the park has just so many people there too, so it's an aligned interest that for all of us that we have the security part worked out. Okay, thank you. Vice Committee Chair Rapozo: Thank you. Mr. Kuali`i. Mr. Kuali`i: Aloha and mahalo for being here, Leilani. Councilmember Yukimura touched on the different areas, some of the same areas that I was concerned about. I actually heard from several members of the community and they're primarily concerned, which obviously addresses the workers and how we upkeep the park is that it's clean and that it's safe. So hearing you talk about enforcement and manpower and safety requirements, I was curious about the park rangers also and so now the park rangers have been in place for a while already? Ms. Mindoro: Park rangers are not UPW members. Mr. Kuali`i: I know but if there is a park ranger in Lydgate Park, how are they interacting with the UPW members there that are primarily concerned with maintenance right? But even in their work in doing maintenance they may come across a disgruntled user of the park and so the rangers are not necessarily always there at their call for there to support them... Ms. Mindoro: Again, so that's kind of what we're trying to work out because I want to know where the end of UPW enforcement goes into the enforcement by either police or the park ranger. So again that's in our discretion, I don't have an answer for you right now other than that is a major concern for us. The other thing is having. a working supervisor on duty seven (7) days a week would be, and they only have one (1:), would be another step up for enforcement where. the park caretaker may not be able to differentiate what they need to do or what kind of enforcement is needed, and having a working supervisor may ultimately be that buffer he needs. And also again we are in talks... and I don't know if the next level would be to call the Parks and Recreation Director to say hey this is happening, what do we do now? Mr. Kuali`i: When I think about it too, the Lydgate Park, it's pretty spread out, it's almost like three (3) parks in a way. You have the main park that we knew growing up, you know with the ponds and the pavilions... so that area. And then you have that second area in the middle where the soccer fields are now, which you know when we were kids it was kind of overgrown and not really used much, but now it's cleaned out and a lot of use; I can just tell by the parking lot being full. And then the area where the bridge is, so it's kind of a long spread out area, so if you're talking about safety and you want more than one (1) 9 UPW working at a time so they can be there for each other and support each other, they could still be pretty far apart if one (1) was working or do they work in teams? Ms. Mindoro: Looking at the way that it's set up now, a lot of times there'd be one (1) person on for a certain period of time. And if you compare Lydgate and its spread out area and the usage that it gets to the new town park in Kapa`a where they have little league field, pony league field, the softball fields, and the football field all in one (1) contained area, yes it's used, but there are many times that it's not, but they have six (6) employees in that area to maintain, and again seven (7) days a week just like Lydgate. So you have three (3) employees, well now you have four (4) for the whole spread out, and then once you end up with all of these new campers, and again we haven't come to any agreement with Department of Parks and Recreation and I think we're a little far apart on that, but I think that the increase in manpower is needed to maintain that clean, that safe park that we go to. I was just there just this weekend after the... -it's open and the amount of work and keeping those rubbish cans empty, just on the weekend was crazy with just one (1) person monitoring that whole area to be able to keep up with the work that needs to be done. Mr. Kuali`i: And then the last point you were concerned about safety at night time? So the day time park users, the beach goers they're all gone at night and so it would primarily be in the camp area I guess, you're just saying you need more than one (1) person there at night? Ms. Mindoro: Well many... Mr. Kuali`i: As immediate support, I mean they can call in support I guess when there's emergencies and big problems, even calling the police, I guess if it's that serious. Ms. Mindoro: Well one (1) park caretaker or two (2) park care takers, I'm looking at having someone at least till eight (8) o'clock. Again I don't know what the lighting is and that's my fault, I haven't been there to look at it but normally things happen after hours once it gets dark and just making sure that they're safe down in that area. I don't know what the discussions were in 2003 before I came aboard, and again we are trying to work with Parks and Recreation to try to work out these details. Mr. Kuali`i: This is my very last point, I think it would be interesting, we would need to hear about the park rangers from HGEA and make sure that they're scheduling and their availability to help with the camp at night... that would be something that could be worked out so thank you. Ms. Mindoro: You're welcome. Committee Vice Chair Rapozo: Any other questions for Leilani? Mr. Chair? 10 Mr. Furfaro: Committee Vice Chair if I may I just want to go through the chronology as well that I attempted to do with Mr. Mickens, maybe I can share that with Leilani and the other members? Committee Vice Chair Rapozo: That's fine. Mr. Furfaro: Okay. So Leilani in May 2003 is when the initial Bill passed and it passed seven (7), zero (0), all members on the Council approved that Bill. Mr. Rapozo and myself took heed to the issue about park maintenance and we submitted something to the Administration which is solely in their jurisdiction about degrees on park maintenance and a whole survey was done on "C" level parks, "D" level parks, "A" level parks... depending on the level of utilization. Negotiating staff is not the issue for the Council, that's between you and the Administration but that piece was done in 2003 with Mr. Rapozo and I participating quite a bit in it. In 2005 a modified Bill which was then referred to the Community Assistance Group which Mayor Carvalho was then the Division Head for the County was also passed, September 2005 and that vote was seven (7), zero (0). Issues then came up in October that dealt with the appropriate application to the ADA units and it was decided by the group at that time to defer Bill No. 2149 for the purposes of having a better understanding of the ADA application especially to the elevated camping sites, how we were going to get actual disability access to at least a handfull of sites, parking for those sites and so forth, and that's where the Bill kind of got into a period of limbo to resolve that. Subsequently afterwards without security being added to the area, which I think is a mutual concern for both citizens and UPW, we had someone who camped up against the pavilion, lit a fire, and that pavilion actually burned down. The County put in some funds along with working closely with Parks and Recreation and the whole group of volunteers to restore that... Ms. Yukimura: What was the time? Mr. Furfaro: It was sometime after... it was late at night that somebody who was sleeping on the campsites. Ms. Yukimura: What year? Mr. Furfaro: Oh that was 2006. Ms. Yukimura: Thank you. Mr. Furfaro: And then the issues about the bathrooms came up as we tried to address some of the additional particulars with ADA and that's what I was referring to earlier. I am of the impression that there are modifications going on and maybe we'll get some clarity from the Parks Director. The Bill was deferred all the way through pretty much 2009 when now the Committee changed to a Parks and Transportation Committee and we had dialog with ADA specialist about the types of modifications we had to do for parking, we 11 had to do for access to the elevated campsites, and I believe also one of those things that came up was a discussion about rates for camping. We wanted to make it attractive for local residents, at the same time have a different tier for people who came from the mainland. Obviously for family entertainment, I mean whether I grew up on the Waianae coast or not, I mean summer camping in Makua or Yokohama was always a family activity and it's really part of you know our tradition here. So that surfaced some additional questions about park security which I think Councilmember KipuKai had queried. The Council made it very clear that we would entertain any plan that was worked out between the UPW, HGEA and the Administration and I think later today we're going to hear on that from Lenny. That pretty much brings us up to July 27 of this year. Now I believe my last dialog with Parks and Public Works is they need at least another four (4) weeks on some of the modifications they're making, I'm hearing from you that you're expressing to the Administration, you folks... to get people properly orientated, trained and so forth and to get to a new agreed staffing level, you at least need nine (9) weeks, that's what I'm hearing. So I just wanted to give everybody especially the new Councilmembers kind of a recap and I have all of those Bills that I just referenced here, that I've actually been going through this system and you're right since 2003 but the math says 2011, that's now eight (8) years, not seven (7). Mr. Rapozo thank you for the time for the recap. Committee Vice Chair Rapozo: Thank you. Anymore questions for Leilani? If not, thank you very much. Anyone else in the audience wishes to testify? Ms. Yukimura: Mr. Chair? Committee Vice Chair Rapozo: Yes. Ms. Yukimura: May we have the Parks Director? Committee Vice Chair Rapozo: Mr. Rapozo. LENNY RAPOZO, DIRECTOR OF PARKS & RECREATION: For the record Director of Parks and Recreation Lenny Rapozo. Committee Vice Chair Rapozo: Thank you. Councilmember Yukimura. Ms. Yukimura: Yes thanks for being here Lenny. So on some of the issues that have been raised by the public and elsewhere, I just wanted to clarify the status and that is on the ADA issues, those have been satisfied and approved right, as of right now? Mr. Rapozo: Yes. The retrofit, for the sake of a better term, with the campsites and other ADA sidewalks, that's what the current contract was to repair and make that into compliance. 12 Ms. Yukimura: And so those repairs have actually... and modifications have actually been done, they are actually done or are they in processing? Mr. Rapozo: given final approval yet. Ms. Yukimura: Mr. Rapozo: modifications right now. Ms. Yukimura: completed? Mr. Rapozo: just got notice... Ms. Yukimura: Mr. Rapozo: Ms. Yukimura: Mr. Rapozo: be shortly thereafter. We have it in process. We haven't even Okay. But Kauai Builders is making those Okay and when do you expect them to be Final walk through for the pavilion I think I I don't need the exact date. Probably next week. Next week? For the pavilion, and the campground should Ms. Yukimura: Okay so if we look at all the ADA issues, you expect them to be completed, i.e., actually done and will be in compliance for final approval by you folks? Mr. Rapozo: Yes. Ms. Yukimura: In two (2) weeks? Mr. Rapozo: Yes. Ms. Yukimura: Two (2) weeks from today? Mr. Rapozo: Yes. Ms. Yukimura: That's the timetable, okay. So that's ADA and then there were issues about the adequacy meeting the Department of Health requirements, I presume that's all been satisfied? 13 Mr. Rapozo: The Department of Health, and I have spoke to them two (2) days ago, if you're asking about if the bathrooms are cleaned adequately, they don't have oversight over that. Ms. Yukimura: Oh well, no it was the number of requirements I think for the number of toilets per potential users, etc.., and as I recall that was clarified early on but I just wanted to get a affirmation now that those issues have been addressed, that we meet... you know in the design of public bathrooms we've met the standard for public bathrooms. Mr. Rapozo: I'm going to say yes because I got to believe when this first concept of the campground came about, all of that stuff was taken into account to develop the site. I don't believe the site can be developed without adequate facilities because the sites haven't been changed from the inception. Ms. Yukimura: Okay. I don't know... I know you weren't present in this long history, for most of the long history of this campsite and I believe you're correct too. I remember in the recesses of my memories that that issue was addressed but if we could somehow get the architects, the planners, to just confirm that the design or the park was made in compliance with standards, that would be helpful. Mr. Rapozo: .Alright. Ms. Yukimura: And then the other one (1) was security. I presume there's a plan between the rangers and the police for how that area is to be managed for security because we are using our rangers, are we not? Mr. Rapozo: Yes. Ms. Yukimura: And I presume the park personnel will have some role in terms of if they're doing their work and there's some apparent crisis that they are trained to call? Mr. Rapozo: Yeah. that? Ms. Yukimura: The proper, there's a proper procedure for Mr. Rapozo: Yeah, yeah. You know going back and adding on to Council Chair's history, prior to 2003... it's been really educational in trying to research all of this stuff. Lydgate Park as we all know it growing up here, as you mentioned, was part of the Kawaihau District... meaning it was like any other park, they come in, they clean, they move on to the next park and they do the same task in other facilities. In 2003 and in researching a lot of this with the Council's input, the Administration, they funded three (3) positions solely for the Lydgate Park area with in mind of developing of the campground. So those duties 14 were already incorporated into the three (3) positions that were done. The Council, they took two (2) positions from Kawaihau District, they put it in the Lydgate area, the Council funded a new position and that was done in the Lydgate area. Part of their job description was to address the campsite needs, so I got to believe and I do believe in working with this body, the Administration at that time looked into manpower requirements and looked at the projects itself that was coming about and made these decisions. Now somewhere along the way and I haven't been able to pinpoint that... an additional position was added and in 2008 from what I can gather, a reallocation of the position was done and shortly thereafter the sports field was under construction. So now we have a total of four (4) positions including the working supervisor what Leilani has mentioned. And we have been in contact and Leilani and I have had a really good working relationship where she'll call me up and we'll meet and whatever is on the table, we try to work it out. In this particular situation in what we have, we still a little apart on what she believes and what I believe with today's concerns but those needs were addressed in 2003 when this body and the Administration initially did that. So we do have dedicated park people. Now as part of their enforcement, typical when we think about typical enforcement, we're thinking crime, we thinking... Ms. Yukimura: Trouble. Mr. Rapozo: ...trouble. Ms. Yukimura: Right. Mr. Rapozo: But enforcement could be, we provide customer service to our people. Have anyone of you try to do a party at Lydgate and you wanted access? Kauai is the only county that we allow access into the park when you have a big party to the pavilion to go ahead and help bring in your equipment, whatever you need to help with the party, to make the party a good experience. So that enforcement could be making sure those cars... eh you guys pau set up your tables, take your cars out. Have you ever went to the beach in Oahu, they don't care. If you got to walk a hundred .yards to bring in your tent and your stuff and you want to have a party, you do what you got to do. So those kinds of enforcements may not stand out to you but those are the types of things or even you know what your dog no belong in the park, how's about take your dog somewhere else. That's kind of enforcement but if you asking me that if I'm going to expect my park caretakers to take down drug people or... Ms. Yukimura: Mr. Rapozo: primary focus is maintenance. Oh no. ... all this other big stuff... no. But their Ms. Yukimura: Yes. 15 Mr. Rapozo: So they will do maintenance but in the course of their day, there are little enforcement things that they do. Ms. Yukimura: Right. Now you supervise the rangers as well though right? Mr. Rapozo: Correct. Ms. Yukimura: So they have a different kind of regulatory function? Mr. Rapozo: Correct. Ms. Yukimura: And I presume that when and if things escalate to a point where police are needed, the rangers have a relationship and procedure with the police? Mr. Rapozo: Definitely. Ms. Yukimura: Okay so I think you're right there's all gradations of interactions with the public and that range from customer servicing to small infractions or trouble like you know a dog that's misbehaving or something and then also the more serious kind of problems with drinking and potential violence but I guess the only thing we're asking is whether Parks has a plan for managing that spectrum of issues? Mr. Rapozo: The rangers would definitely be on site to check on permits and traditionally they'll go early in the morning, throughout the day that will be on their part of their drive by or go through the park to make sure those things are addressed. Ms. Yukimura: And you have a relationship between the worker... the caretakers so that if they spot some problem that is a ranger problem, they are able to call the rangers? Mr. Rapozo: Yeah we've had caretakers in some of our beach parks call the office ask for help. Ms. Yukimura: Mr. Rapozo: Ms. Yukimura: circumstances? Or they... With our Park Security Coordinator. Okay or they know to call police at certain Mr. Rapozo: Right, depending on what the violations are. 16 Ms. Yukimura: Right. - - - Mr. Rapozo: Yeah. Ms. Yukimura: Okay so from what you're telling me there was almost kind of a breakthrough in how you place personnel in parks with Lydgate because it was recognized as a large regional park with a lot of ongoing activity so instead of rotating caretakers to other parks, you actually made a commitment to have caretakers there on a permanent basis? Mr. Rapozo: I wish I could take credit for that but that was before us. Ms. Yukimura: Right but... Mr. Rapozo: So in 2003 this body whoever was sitting here. Ms. Yukimura: Right. Mr. Rapozo: And the Administration. Ms. Yukimura: Right. Mr. Rapozo: At the time... yes. Ms. Yukimura: And it was done in anticipation of camping and soccer field use? Mr. Rapozo: No at that time it was just camping. Ms. Yukimura: Just camping? Mr. Rapozo: Just camping but like I had mentioned at some point a fourth (4th) position was added and that's the part where I haven't been able to find any records or the justifications for it but I do see in some of the documentation that in May of about 2008 a reallocation was made to that position. At the same time the soccer fields was under construction. Ms. Yukimura: So it was about the time of the soccer fields? Mr. Rapozo: Yeah so you know... I don't want to assume anything and I still haven't found it. Ms. Yukimura: But it looks like there was some coordination between needs... expanding needs and... 17 Mr. Rapozo: - I believe. Ms. Yukimura: ...expanding personnel. Mr. Rapozo: I believe. Ms. Yukimura: Okay. Committee Vice Chair Rapozo: Excuse me JoAnn, I believe it was for the bikepath not for the... Ms. Yukimura: Well it might have been for both. Committee Vice Chair Rapozo: No, I remember it was to maintain the bikepath. Ms. Yukimura: Yeah but you don't have people only doing one (1) thing in the park? Committee Vice Chair Rapozo: Well I'm just telling you what the justification for that position was. Ms. Yukimura: Okay. Committee Vice Chair Rapozo: That's how it was presented, it was because of the addition of the bikepath through Lydgate, that's what the justification was. Ms. Yukimura:. Okay. Alright. Thank you. Mr. Rapozo: And in their description, it still reflects or mirrors all the caretakers' positions in that area meaning that they care not only for the path but the campgrounds as well. Ms. Yukimura: Right. Okay so I'm happy you said that you and Leilani and UPW have a good relationship. I appreciate the Kokua on either side and apparently you still have some ongoing dialog but do you anticipate that it can come to some resolution and we can go ahead and pass this out of Committee? Mr. Rapozo: Oh definitely. I had mentioned the last time, once this ordinance is finalized that would help us with our park rules yeah? Ms. Yukimura: Oh you still have to promulgate? Mr. Rapozo: We have a draft but we haven't finalized it and once we can finalize everything... Ms. Yukimura: Right. 18 Mr. Rapozo: We can get into our discussions and finalize what we really want to do. Ms. Yukimura: That's a good point. So you can actually have parallel, you can be in the process of getting the rules in place and talking to UPW because getting the rules in place requires, if I remember Chapter ninety-one (91, a public hearing. Mr. Rapozo: Well certain kind of rules yeah? I'm not sure if this would fall under those park rules, there are administrative rules, yeah you're right. Ms. Yukimura: I think... Mr. Rapozo: Well in any case in dealing with our union if Leilani did mention there's a ninety (90) day window if there's a change in scheduling and all of that. Ms. Yukimura: I think it was a nine (9} week? Mr. Rapozo: Nine (9) week, I'm sorry. Ms. Yukimura: Yeah. Mr. Rapozo: A nine (9) week change in the schedules and everything, that's something that we're going to talk about right? Ms. Yukimura: Yeah. So there's a real distinction between passing this law and when the camping grounds open? Mr. Rapozo: Right. Currently we have coverage there from 5:30 in the morning till 6 in the evening and if we're going to change as Leilani has suggested that initially the campgrounds we wanted... it was proposed that someone was there till eight (8) o'clock, so if there's a change in schedule, she's right we need to look at nine (9) weeks out but we're going to discussion and... Ms. Yukimura: You can work those things... Mr. Rapozo: That's a management thing that we need to work out. Ms. Yukimura: It is definitely a management kuleana. Okay. Thank you very much Lenny. Committee Vice Chair Rapozo: Okay, any questions for Lenny? Go ahead Mr. Kuali`i. 19 Mr. Kuali`i: Aloha and mahalo for being here Lenny, just one (1) quick follow up question to what Councilmember Yukimura was already asking you, so especially and you just said that you have current coverage from 5:30 a.m. to 6 p.m., that's for the UPW maintenance workers, park maintenance... Mr. Rapozo: That's for the park caretakers. Mr. Kuali`i: ,Park caretakers, so in talking about and I think... how many campsites do we have total on the island, is it thirty-one (31)? Mr. Rapozo: Off the top of my head... I wouldn't know. Mr. Kuali`i: Something around thirty (30)? Mr. Rapozo: No... I know we have beach parks, twenty-nine (29) of them but not campsites. Mr. Kuali`i: And the park rangers, so you mentioned that they're onsite to check on permits, so these three (3) and there's three (3) park rangers, they would be responsible for all the campsites all over the island? Mr. Rapozo: We currently have five (5). Mr. Kuali`i: Five (5). Mr. Rapozo: And depending on the work schedules, yes they are responsible for the camping, they're responsible to respond to facilities, they respond to different inland parks if there's questions as to what's going on over there, if they can swing by to check certain things out, they do. Mr. Kuali`i: So do they work different shifts? Mr. Rapozo: Yes. Mr. Kuali`i: What are the different shifts? Mr. Rapozo: Traditionally three (3) shifts, so coverage would begin anywhere from four (4) in the morning and end at ten (10) at night. Mr. Kuali`i: Four (4) a.m. to ten (10) p.m. is covered? Mr. Rapozo: Yeah. Mr. Kuali`i: Okay, that's good to know as far as park rangers having the ability to cover the campsites till at least ten (10) at night. 20 Mr. Rapozo: Yes and we're in the process of fulfilling the last vacant position, so we have a total of six (6). Mr. Kuali`i: And you know if we had an inventory of where the campsites are all over the island, and Lydgate ends up being one (1) of the larger ones with more use, could we then ensure that the park rangers were available and there, I mean they have to cover the whole island right? Mr. Rapozo: Correct. Mr. Kuali`i: Thank you. Mr. Rapozo: Anymore questions? Mr. Chair. Mr. Furfaro: Thank you Committee Chair. Lenny. Mr. Rapozo: Yes. Mr. Furfaro: I referred in 2003 that Mr. Rapozo and I had evaluate regional parks, small neighborhood parks like you know within a small neighborhood, basic lawn cutting, periodic fertilizing, things like that to all the way up to these regional "A" level parks of which Lydgate was intended to be. Have you found that? Mr. Rapozo: Definitely. Mr. Furfaro: Have you seen that in... Mr. Rapozo: Definitely and you know as part of the Mayor's Holo Holo 2020 and this Council helped fund this project, this year we're going to upgrade that part because we do recognize it. When I gave my presentation, we want to make it world. class, so we do recognize it and that includes the campgrounds, the whole park. This body I believe funded about five hundred thousand dollars, a little more than that. Mr. Furfaro: Well thank you for recognizing that work and may I also ask how are you feeling about the soccer fields? Are we at a point with the new soccer fields that you know we see them as a class "A" level and through manpower would we eventually get there? Mr. Rapozo: Yes, yes. And you know not only soccer field... I mean not only soccer, we just had part of the summer enrichment program, they had games up there where our... the people... our maintenance workers... our park caretakers, they were giving (inaudible), they drew it out so it's getting multiple use. Football practices are there, we moved an old goal post from Hanapepe Stadium, they have it on, they have one on the side so they can kick and 21 still use soccer and not interfere with the soccer diagram. So it is definitely a good thing. Mr. Furfaro: So there's been no change in this objectivity of our regional parks? Mr. Rapozo: Yes. Mr. Furfaro: Of being the high quality? Mr. Rapozo: Yes. Mr. Furfaro: Thank you Mr. Rapozo. Committee Vice Chair Rapozo: Thank you. Go ahead. Ms. Nakamura: Thank you Lenny. I really like that vision of Lydgate Park that's in the plan. I also wanted to ask one (1) question, is there a best practice ratio for a regional park given the number of the acres, how many maintenance they're ought to be? Mr. Rapozo: Yeah, there is one (1) but I don't have the numbers right off the top of my head. Ms. Nakamura: And that's what you're using though... Mr. Rapozo: Yes. Ms. Nakamura: ... as you're applying it... Mr. Rapozo: Yes. Ms. Nakamura: ... in your discussions? Mr. Rapozo: Yes and we look at. Yes how much manpower, how much time we should spend in a particular park when it gets mold, yes. Ms. Nakamura: Okay, thank you. Committee Vice Chair Rapozo: Mr. Chang. Mr. Chang: Thank you. I'm anon-Committee member but I have a few questions. Thank you for clarifying, you say we have five (5) rangers? Mr. Rapozo: Yes, currently on staff. 22 Mr. Chang: Mr. Rapozo: of filling. Okay, are there any vacancies? One (1), I mentioned we were in the process Mr. Chang: Okay, thank you. Secondly, I walked the grounds when this first came up on the agenda a couple of weeks ago and the pavilion is very beautiful, they did a great job with the pavilion but was there any plans at one (1) point in time that they were going to put in lavatory facilities and/or showers at that pavilion? Mr. Rapozo: No. Mr. Chang: Okay because I do have to say, I have a concern with the restrooms and the reason that I say that... when I did my walk, I did my walk through the restrooms just to check it out and the toilet was unusable, it was broken. I called Public Works just to report it and it had been reported and this was a Tuesday afternoon prior to our Council Meeting and someone did report it but they were in the process of getting to it but they wouldn't have been able to get to it till Monday, meaning the whole weekend went without the facility and that's kind of a concern because... I think it's a great idea to have camping and I know we're going to do it in intervals as far as not waxing it out but just doing a test trial but I don't know what the priority is because if that's only one (1) toilet and there's going to be usage in and around the area regardless of campers or not, then I don't know what the priority would be to fix the facility. Again I was kind of surprised that with the building of the new pavilion, which is beautiful that there weren't additional restrooms and/or showers, so that was one (1) of my concerns. Also are we planning on replacing the barbeques? Mr. Rapozo: Yes. Mr. Chang: Okay. Thank you. Mr. Rapozo: You want me to address the priority? Mr. Chang: Yes. Mr. Rapozo: Public Works from my understanding priority would be Police, Fire, Wastewater... understandably. And at any time during the week, we're not sure what happens but I will tell you that on weekends even after our people have cleaned restrooms, bathrooms have been clogged. This weekend was no different, big canoe rigger Hanalei, for whatever reason three (3) out of the four (4) somebody stuck something down there. Bikinis, towels, whatever you have... we make the call to our people, our people try the best that they can to unclog it. If they are unable to do it, I call Public Works then the plumbers respond. So unfortunately I understand your concern but the Public Works plumbers do 23 when it's... they do try to get to it. They understand how important it is that the facilities are taken care of. Mr. Chang: And I understand. Thank you. Committee Vice Chair Rapozo: Go ahead. Mr. Kuali`i: Lenny does the parks close at night? Mr. Rapozo: No. Mr. Kuali`i: No, so they're open twenty-four (24) hours? Mr. Rapozo: Yes. Unlike some Counties, we on Kauai believe it's a public facility and we want to enjoy our public facilities. Mr. Kuali`i: Okay. So then the park rangers have responsibility for all parks, not just the parks with campsites? Mr. Rapozo: Correct. Mr. Kuali`i: Because they're all open twenty-four (24) hours? Mr. Rapozo: Correct. Mr. Kuali`i: Okay, thank you. Committee Vice Chair Rapozo: Thank you. Any more questions? None? If not, Lenny, I have a couple. So as far as Parks is concerned, your current level of staffing is what you're going to stay with? Mr. Rapozo: Yes. Committee Vice Chair Rapozo: You're not intending to increase that at all? Mr. Rapozo: At this point, no. That's why we wanted to open certain campsites to see what impacts are and not have the full range of campsites open at one time. Committee Vice Chair Rapozo: And how many do you plan to open up initially? Mr. Rapozo: We are planning to open up the three (3) ADA campsites... one (1), two (2) and three (3). Campsites eighteen (18), nineteen (19), twenty (20}, twenty-one (21), twenty-two (22), twenty-three (23), twenty-four (24), and sites ten (10), eleven (11), twelve (12), thirteen (13) and fourteen (14). The 24 reason that we chose... well the ADA of course for reasons of ADA but the other numbers is that... we chose that because those are two (2) variety of campsites ten by ten (10x10) would accommodate five (5) people, twenty by twenty (20x20) would accommodate ten (10) people per site but I believe... we believe people would want to attempt to have a camping experience as close to the shoreline as possible. So in trying to manage and see what impacts are, we try to open the campsites that would be most close to the shoreline as well. Also the group camping would also open that as well. Committee Vice Chair Rapozo: Okay, thank you. The other question, as far as the park rangers, how many of them are on staff at any given time, I mean I know you're going to eventually have six (6) but at any given time because sounds like you have what, three (3) shifts? Mr. Rapozo: Three (3) shifts. Committee Vice Chair Rapozo: How many at any given time? I get four (4) in the morning... Mr. Rapozo: Two (2) to three (3). Vice Committee Chair Rapozo: And they're split out throughout the island? Mr. Rapozo: Yes. Committee Vice Chair Rapozo: So the guy that's going to be responsible for Lydgate, where is his area of coverage? Mr. Rapozo: North... so from Ha`ena working his way back to Lihu`e... to Hanama`ulu. Committee Vice Chair Rapozo: So he's not nearby most of the time? Mr. Rapozo: Yes. Committee Vice Chair Rapozo: Any other questions? If not, thank you very much. Mr. Rapozo: Thank you. Committee Vice Chair Rapozo: Oh, I had one (1) more, I'm sorry. Mr. Rapozo: Okay. Committee Vice Chair Rapozo: Can't you move forward with your draft plans and so forth even if this is not passed out of Committee? I mean does this have a direct correlation to you actually working on rules and so forth? 25 Mr. Rapozo: Well some of it... the -part of the enforcement, it's part of the... I saw in the terms of what goes on in the animals and stuff like that... Ms. Yukimura: Fees. Mr. Rapozo: Fees. Committee Vice Chair Rapozo: I understand but I mean those things are changeable. Mr. Rapozo: Yeah. Committee Vice Chair Rapozo: I'm not talking about the specifics because that is as quick as cutting and pasting. Ms. Yukimura: No, you have to go through public hearing. Committee Vice Chair Rapozo: I guess my point is, the Administration can continue to move on their plan even though the Council is working on this. Mr. Rapozo: Yeah and we continue to. Committee Vice Chair Rapozo: Right. Mr. Rapozo: We're working with Leilani. Committee Vice Chair Rapozo: Right and that was my point. It's not like if it doesn't leave Committee, they cannot do anything. And that's the point I'm trying to make but that was the only question. Mr. Rapozo: It doesn't stop everything but part of what we need to complete... Committee Vice Chair Rapozo:- Yeah but I think you have an idea of the concerns of the Council, I don't think you heard any concerns about the fees, I don't think you heard any concerns about the enforcement as far as how it's going to be done. I think the Council for the most part and there will be some amendments introduced as soon as we come back to order but I think the concerns we've heard is really the health issue, safety issue... Mr. Rapozo: Yeah. Committee Vice Chair Rapozo: But as far as the logistics or the technical aspects of the Bill, I don't hear any other concerns really. 26 Mr. Rapozo: Okay. Committee Vice Chair Rapozo: Okay, thank you. Anybody else in the audience wishing to testify? If not, I'll call the meeting back to order. There being no objections, the meeting was called back to order, and proceeded as follows: Ms. Yukimura moved to approve Bill No. 2149, Draft 2, seconded by Ms. Nakamura. Committee Vice Chair Rapozo: Any discussion? Ms. Nakamura: I would like to propose two (2) floor amendments, these have been passed... you should all have copies of them. The first one (1) is related to fees. In our discussion at the last Committee Meeting we increased the fee for group campsites but that was not reflected in the current draft Bill so this is just to clean that up. The other one... Committee Vice Chair Rapozo: Did you want to move that in? Why don't you do that now? Ms. Nakamura moved to amend Bill No. 2149, Draft 2, as shown in the Floor Amendment which is attached hereto as Attachment 1, seconded by Ms. Yukimura, and unanimously carried. Committee Vice Chair Rapozo: Your next amendment. Ms. Nakamura: The second Bill was sent to us by the Administration and I would like to ask Lenny Rapozo to come back up to walk us through these proposed technical changes I believe to the Bill. Committee Vice Chair Rapozo: Why don't you move that in? Ms. Nakamura moved to amend Bill No. 2149, Draft 2, as shown in the Floor Amendment attached hereto as Amendment 2, seconded by Ms. Yukimura. Committee Vice Chair Rapozo: At this time I will suspend the rules. There being no objections, the rules were suspended. Mr. Rapozo: Thanks, again Director of Parks and Recreation, Lenny Rapozo. Most of the amendments are housekeeping, in trying to make the Bill consistent. I'll ask my County Attorney who did most of the work. AMY ESAKI, FIRST DEPUTY COUNTY ATTORNEY: Amy Esaki from the County Attorney's Office. Like Lenny said it's purely housekeeping. We defined 27 Hawaii residents since it was mentioned in the Bill. We also clarified certain things to make it simpler and consistent throughout the Bill. And the last change was I think... as far as animals prohibited section, we made it simpler for the employees as far as enforcement rather than having a discretionary (inaudible) mandatory. (inaudible) Ms. Esaki: Yes so it makes it a little easier for the employees as far as saying you can't have an animal here unless it's a service animal. Ms. Yukimura: That's on the last page, page four (4). Ms. Esaki: On the last page, correct. Ms. Nakamura: Do you want to... Ms. Esaki: Do you want to walk through the changes? Ms. Nakamura: I think that would be helpful. Ms. Esaki: Okay. Ms. Nakamura: Because this is the first time anyone has seen this. Ms. Esaki: Sure. Alright. As far as the definition, we added the definition of Hawaii resident because the Bill referred to a Hawaii resident or residents and that's anyone with a valid Hawaii license. Then on page two (2} we added as far as getting a camping permit it's on a first come first serve basis, so that it's clear as to who gets issued a permit, especially if there's more requests for permits than there are campsites. As far as two a (2a}, there was a reference to a fiscal management division and instead we changed it to a county employee authorized by the Director of Parks and Recreation, so it would be at the discretion of the Director as to determine who that individual would be. As far as two b (2b), if referred to an individual or individuals qualifying disability and we made it consistent to say a person with a disability because that was in your definition section. As far as (a) through (c) the word issue was deleted and in its place it says in the event all accessible sites are taken, the camping permit for an accessible site can be issued to anon-disabled person and that kind of explains the process and clarifies the language. Ms. Yukimura: Excuse me. The rest of the sentence says as long as one accessible site is left. Ms. Esaki: That's correct. 28 Ms. Yukimura: So you're not precluding people who need accessible sites? Ms. Esaki: That's correct. Ms. Yukimura: Okay. Ms. Esaki: On page three (3) again we referred... we changed the language to instead of anon-qualified user, we made it anon-disabled person, because again, the word disabled is mentioned in the definition rather than qualified. Ms. Nakamura: I think it's missing a (d) there. Ms. Esaki: Oh okay, yeah. Ms. Nakamura: Just a typo. Ms. Esaki: Typo, there should be a (d). We need another amendment? Mr. Furfaro: (inaudible) Ms. Esaki: Okay, thank you. Ms. Nakamura: It's all the practice we had this weekend. Ms. Esaki: And again we deleted the issue accordingly, we just. made it simpler (inaudible) and a qualified individual is deleted again and just referred to a person with a disability, again to be consistent with the definition that you provided. As far as section three (3) on page three (3) (inaudible) nineteen dash four point five (19-4.5) (a) three (3), it's rather than the word they shall be stated, the names shall be stated, instead the words listed because again it's consistent with the term that was used previously in this Bill. And the last change I believe was the one that I discussed earlier regarding the section regarding animals prohibited. Ms. Yukimura: Actually just before that you've clarified Hawaii resident instead of State resident? Ms. Esaki: Yes, I forgot about that one. Ms. Yukimura: I mean they're very logical changes. Ms. Esaki: Right, the fees yeah. 29 Committee Vice Chair Rapozo: Any questions pertaining to the amendment? Go ahead. Ms. Yukimura: I just want to thank Lenny and Amy for their work on this. It's really good to have clear laws and these amendments do clarify and make the law more workable. Ms. Nakamura: I have two (2) questions. Committee Vice Chair Rapozo: Go ahead. Ms. Nakamura: effect, is it necessary? One (1) is... do we need to put a date of Committee Vice Chair Rapozo: For this? Ms. Nakamura: For the implementation of this program? Committee Vice Chair Rapozo: Yes you do. Ms. Nakamura: Because it's not in here? Committee Vice Chair Rapozo: Right. Mr. Rapozo: I'm just assuming that it would be handled like any other ordinance. Committee Vice Chair Rapozo: Any ordinance, every Bill has an effective date. Mr. Rapozo: Yeah. Ms. Yukimura: Well it's effective when it goes into... or I guess yeah, we have stated that it will be effective upon approval. Mr. Rapozo: Upon approval. Ms. Nakamura: Do we want it to be effective upon approval or do you need more time to create your rules? Mr. Rapozo: No. No. From the rules we promulgate it from this. Ms. Nakamura: Okay. 30 Ms. Esaki: I guess it would be nice to give us a little time in case we need to have a public hearing because once the Bill is in final form, then we'll know where our rules would be. So maybe give us... Ms. Nakamura: Thirty (30) to sixty (60) days? Ms. Esaki: I think that would be good. Ms. Yukimura: At least sixty (60) because you have to... Ms. Esaki: Public hearing. Ms. Yukimura: You need a public hearing and you need to publish before you have a public hearing. Ms. Esaki: That's true. Committee Vice Chair Rapozo: Well I'm hoping that we can defer this one (1) more time because there's a lot of questions today that weren't answered that I want to send across and I apologize. I had some questions the last time and we failed to send it across, it was our error on our side, so they never got the questions. But obviously it's going to go to the Committee for the vote but I'm going to ask the courtesy of extending. I did want to touch on that when we get back into session. Any more questions? Ms. Yukimura: But it won't affect the effective date because it'll be effective from the date of passage, whenever that is. Committee Vice Chair Rapozo: No... do you have any more questions for them? Ms. Nakamura: I do. Vice Committee Chair Rapozo: Okay, go ahead. Ms. Nakamura: And also in this section with a person with disability, you cite the Hawaii Revised Statutes and what is that definition and is it possible to put it in this? Ms. Esaki: We could put it in the Bill. Ms. Nakamura: So that people who are reading this don't have to then go to the Hawaii Revised Statutes to find it. Ms. Esaki: Sure. We can use the same definition to the Hawaii Revised Statute and include it in... 31 Ms. Yukimura: Um... just as a follow up, as long as we allow for amendments to the Revised Statute because if they get amended, we have to amend our Bill. Ms. Esaki: Right. Ms. Yukimura:. Unless we put something... Ms. Esaki: As amended in HRS... Ms. Yukimura: As it may be amended in the future whatever... Ms. Nakamura: That would be fine. Ms. Yukimura: But then it won't give real clarification because they have to go look at the amendments. Ms. Nakamura: I just think for the layperson to see this and to have all the information in one (1) place, is helpful. Ms. Yukimura: Yeah, except that if it's amended you have to keep updating it to have everything in one (1) place. Ms. Nakamura: Okay. Committee Vice Chair Rapozo: Thank you. Any more questions? Go ahead Mr. Chang. Mr. Chang: Thank you Mr. Rapozo. Lenny on page three (3) number six (6) the camping site may be closed for maintenance at the discretion of the Director of Parks and Recreation. So if you do decide that you wanted to do maintenance, if there are existing campers on that day, we're not going to kick them out and then tell them come back the next day? Mr. Rapozo: The campgrounds will be closed from Tuesday at 10:00, we'll reopen Wednesday at 12. Mr. Chang: Oh okay so it is established, that it's going to be one (1) day a week? Mr. Rapozo: Yes. Most of our campgrounds are like that. Mr. Chang: Yeah okay. Thank you. Committee Vice Chair Rapozo: Thank you. Any more questions? Go ahead Mr. Chair. 32 Mr. Furfaro: __ This is for Amy. You know this- discretion of who can close facilities, I want to make sure that you compare it against the Charter because the authority to close facilities, public access areas and so forth in the Charter, is the Chief Engineer. It's not the Department Head. Just wanted to throw that out to make sure we're not in conflict. Committee Vice Chair Rapozo: Thank you. Go ahead. Ms. Yukimura: Yeah... and I appreciate the Chair's intimate knowledge of the Charter but we may want to make it a Charter change because we have a new parks... as to park areas, we may want to give it to... Mr. Furfaro: Understood. Ms. Yukimura: We may want to give it to the Director of Parks as a long term... I mean something we will work on after we do this. Mr. Furfaro: I just want to make sure we didn't create something that have a conflict in the Charter. Ms. Esaki: Yes I believe this was in the ordinance back when it was introduced. Ms. Yukimura: Oh it's an ordinance not a... Mr. Furfaro: Still worth checking on. Ms. Esaki: I mean as far as the language, it was in the original ordinances. Ms. Yukimura: Okay. Committee Vice Chair Rapozo: Go ahead Mr. Kuali`i. Mr. Kuali`i: Lenny, I was curious on page one (1) group camping, how do we come up with the number two hundred (200)? It says group camping is twenty (20) to two hundred (200). Mr. Rapozo: activity. Mr. Kuali`i: maximum capacity of... The area that is afforded for that particular So the entire campsite at Lydgate has a Mr. Rapozo: No the group camping area. 33 Mr. Kuali`i: Oh there's only designated areas that's specified for group camping? Mr. Rapozo: I said twenty by twenty (20x20) will have no more than ten (10), ten by ten (10x10) will have no more than five per site and the group camping area site, you'll have no number less than twenty (20) but no more than two hundred (200). Mr. Kuali`i: So you know that ten by ten (10x10) and that twenty by twenty (20x20), are both sizes considered a campsite and it's just five dollars ($5.00) a day? Mr. Rapozo: Mr. Kuali`i: Mr. Rapozo: pavilion. Mr. Kuali`i: Mr. Rapozo: Mr. Kuali`i: (10x10)? Mr. Rapozo: camp, you'll be able to put... Correct. So what does a group get? The group... you get the site and use of the So they have a big open grass area. Open grass area, yeah. So it's not the smaller designated ten by ten No. This is site camping, so the group site Mr. Kuali`i: I guess I haven't visualized what the group site actually looks like, whether it's a big open lawn area? Mr. Rapozo: Yeah and traditional yeah, group site... and traditional we're thinking boy scouts. Mr. Kuali`i: Oh. Mr. Rapozo: Maybe someday, some organization may want to do a soccer tournament and the soccer teams can stay over there. Mr. Kuali`i: So you could actually have the large group and also the ten by ten (10x10) and twenty by twenty (20x20)... Mr. Rapozo: Correct. Mr. Kuali`i: ...individual sites? 34 Mr. Rapozo: Yes and that would... the pavilion would be your exclusive use for the group camp. Mr. Kuali`i: Okay, thank you. That makes it clear. Committee Vice Chair Rapozo: Okay, anymore questions? (inaudible) Committee Vice Chair Rapozo: Yeah, we're still on the amendment. Any other questions for Lenny folks? If not, thank you. There being no objections, the meeting was called back to order, and proceeded as follows: Committee Vice Chair Rapozo: Now we're on discussion on your amendment, your second amendment. Did you want to withdraw that right now? Ms. Nakamura: Do you want to talk about where you want to see this going? Committee Vice Chair Rapozo: Oh, I can but we're actually on the amendment... Ms. Yukimura: Why don't we pass the amendments? Because I think we can pass these and then your... the other amendments about effective date and about the definition on disability can come as separate amendments. Committee Vice Chair Rapozo: Or you could do it all at one time. I don't see the rush, I don't see the rush to do this... you can take your time, make it all in one (1) rather than our staff having_to deal with three (3) amendments or four (4) amendments or five (5) amendments... it's just simple to do if we need to make some corrections on it. Ms. Nakamura: That's fine. Committee Vice Chair Rapozo: It's up to you, you're the introducer. Ms. Nakamura withdrew her motion to amend Bill No. 2149, Draft 2, Ms. Yukimura withdrew her second to the motion. Committee Vice Chair Rapozo: Any discussion on the Bill as amended? Ms. Yukimura: Well I was ready to pass this Bill. Apparently you have some additional concerns so I think we'd like to hear what those are? 35 Committee Vice Chair Rapozo: .Okay, that's -.fine. _ I think my concerns haven't changed from 2003 and 2005 and 2006. Unfortunately I didn't have the opportunity in the last two (2) weeks to review the minutes of your 2009 session, I do have them, I just didn't have the opportunity to read them. I did do a cursory review and it didn't appear that some of those items were discussed in 2009. More specifically and I think Councilmember Chang touched on it as far as the restroom facilities. Now there's one (1) toilet out there, one (1), and it's broken... and when you start looking at group camping up to two hundred (200) people with thirty-one (31) campsites that could potentially have three (3) or four hundred (400) people out there... Ms. Yukimura: bathroom? Wait are you saying one (1) toilet or one (1) Committee Vice Chair Rapozo: Ask Mr. Chang, I didn't go use the broken toilet. Mr. Chang: Neither did I because it was broken and it was one (1). Committee Vice Chair Rapozo: Thank you... anyway that's my point. I think it's incumbent upon all of us to go down there and take a look. I went down there, I spoke to the employees that work down there. Yes they have four (4) people but there's days off, there's sick leave, there's vacation... the morning I went down there, they had one (1) employee in the morning got to jump on his chart and go on the bikepath to scoop all the dog poop, that takes a chunk of time away that leaves the working supervisor back at the shop that's got to try to manage this big park. If you're going to add in... and keep in mind in 2003, that was pre-sports fields, pre-bikepath, it was before all of that was even a dream. So we're looking at additions of the soccer field which potentially and you got to look at the potential of it because that's what it's going to attract. When you have campgrounds next to a soccer field, it's going to be right for a soccer tournament, I'm in full support of that, I think it's a wonderful thing. I think the campgrounds are a wonderful thing, please don't take my questions as reasons to excuse me of not supporting camping, I fully support the campgrounds at Lydgate, I supported it back in the former Councils. But when we look at the Department of Health standards, Mr. Chair, I know you remember this and you too JoAnn because... I believe Kaipo Asing put it on the powerpoint, the State has standards for campgrounds, recreation areas so many people per toilet, we don't meet that. I can tell you right now and we didn't meet it with the campgrounds, add in the soccer fields, I know we're very, very below standards so I'm going to... I'm asking for the deferral so we can get the answers to these questions. In two (2) weeks we should be able to... and I have the State of Hawai`i... it's here somewhere, the guideline for Department of Health for recreational area facilities. And it's not just toilets, it's wash hand stations, it's a very thorough guideline. The other question that we talked about, I know Mr. Rapozo affirmed that it was okay, the ADA standards, I'd like to see that as 36 well. I know we're going to do the accommodations to the bathrooms to make it ADA accessible but that wasn't the concern, the concern was more of the other elements of the campground and if that has been met, that's fine. Security concerns have always been there and I'm really concerned because right now these guys are all over the island. They start off on the North Shore and they work their way in and it takes them a day, it takes them a long while shift to cover their whole area. It's not like you can call them and say hey Bob, I need you here at Lydgate, it's not going to happen because he's out in North Shore. I think when we're looking at it, all I'm asking is we look at it and see the big picture and let's do it right. Because I think as Leilani talked about it and if you go down there and talk to the employees, they do a heck of a job down there with just very minimal staff as it is. But when we increase the workload, imagine the additional workload; trash cans, those take time to do. They're having a hard time doing it now. They drive along the path and they pick up the trash, they dump the trash, and it fills up relatively quickly because it's an active park. So the questions I had intended to send over that never went over and we'll make sure it gets over is that I wanted to see the staffing guide. What is your proposed use of this park? If you're looking at group camping that could possibly could be two hundred (200), how you're going to staff that park when it's at a three (3) or four hundred (400) camper level utilizing the campsites, the pads that are there? How are we going to manage that? Are we just going to say sorry public, you deal with it, you guys are campers, you can rough it? Or are we going to make adjustments to our staffing and if so, what is the fiscal impact to this County? That's all I'm asking, that's what I will be sending over should the deferral be granted. I obviously can't make the motion to defer so I would ask one (1) of you to do it and I would ask for a favorable vote because I think these are important. I think it's not too responsible to move forward on a Bill if we don't know the answers, I really don't think that's the right thing to do. I think the Administration can continue working on the Administrative rules. They do require a public hearing, we all know that but I think the substance of .this Bill is not... I think in real question, I think the way the Bill is written is a well written Bill. My concern is really, okay, now we pass, we open up the gates so now how are we going to deal with it? Then what will happen is we get the Administration coming up with a money Bill for a few hundred thousand dollars so we can go hire more people, well I'd like to see that before we pass the Bill. I don't want to do the Bill before we get all those questions but I can tell you one (1) thing and I think Councilmember Chang is a witness to that, that park is not ready for camping. The facilities, the restroom facilities are not ready to open up campgrounds, they are not ready. And if you guys disagree, I respectfully accept that but it is not ready. Thank you. Go ahead. Ms. Yukimura: So I think you make a legitimate point and I'm willing to defer if it's for two (2) weeks and hopefully there are answers to these questions and if not we would do a further deferral but I'm certainly open to that. I do want to say that unless we pass some of these issues, they cannot actually 37 promulgate the rules, the fees and certain things. So they can't be actually doing rules parallel, I mean waiting for us to pass this bill but that being the case there's still our legitimate issues that have been raised so I'm willing to make the motion. Committee Vice Chair Rapozo: Any other discussion? Mr. Kuali`i. Mr. Kuali`i: Second. Committee Vice Chair Rapozo: Oh no... is there any other discussion? Mr. Chair. Mr. Furfaro: In all fairness to our staff and to the Parks Department, Lenny, I wanted to apologize to you because the questions that Mr. Rapozo had indicated he was going to send over was assigned to one (1) of our analyst who in fact left on maternity leave and that task was picked up a week later by one (1) of our legal analyst and I just want to see with a nod of your head, you do have those questions now Lenny? Although they only got to you on Monday? Yes? Okay, thank you. Committee Vice Chair Rapozo: And he answered the question actually in his response... Mr. Furfaro: Oh, I didn't see anything. Committee Vice Chair Rapozo: No, I mean here on the floor that there is no intention to increase the staffing that was really my concern. Go ahead JoAnn. Ms. Yukimura: I just want to... this is about the Bili and park, just an acknowledgement and recognition and mahalo to Avery Youn who pro bono designed and got permitted the new pavilion which Councilmember Chang has seen. I haven't yet seen it but I hear it's beautiful and it's a great tragedy that the first one burned down, so to have it rebuilt is a wonderful thing and I just wanted to acknowledge that on the floor before we defer this Bill. Committee Vice Chair Rapozo: Thank you. Well you know like what Mr. Rapozo said, you know his dream is to make this a world class park and we have an opportunity to do that because there is no other place that I know of in Hawaii right now that you have the beautiful beach park and you have the sports fields and you have the space that you can have the group camping. A lot of the prohibitions today for teams to travel is cost, hotels... and they could come here and live on the beach for a nice weekend and have their tournament in walking distance, I mean what more could you ask for? I think we have an opportunity here but I think we should do it right. And I think we should make sure everything is in line before we open the gates because once you have campers in there and it's a full run campground, it's going to be very difficult for us to go in and make retrofits and change things. You know it just make sense to do it right from the beginning and 38 that's all I'm asking for. Any other discussion? If not, I'll entertain the motion to defer. Upon motion duly made by Ms. Yukimura, seconded by Mr. Kuali`i, and unanimously carried, Bill No. 2149, Draft 2 as amended herein, was deferred. Committee Vice Chair Rapozo: Next item. FPP 2011-05 Communication (7/14/2011) from Councilmember JoAnn Yukimura, requesting agenda time for Larry Dill, County Engineer, to report and discuss the stabilization of the Kapaia Swinging Bridge as it relates to the structural safety and cost associated with a temporary fix of the bridge. [This item was deferred until August 24, 2011.] Committee Vice Chair Rapozo: I understand the Administration. has requested a deferral, I'm not sure... were they going to be here Mr. Chair, do you know? Mr. Furfaro: I... Ms. Yukimura: I don't think so. Mr. Furfaro: I was not engaged in that. Vice Committee Chair Rapozo: Okay. Mr. Furfaro: My preference, I would like to have some personal time towards the end of this Committee but I do suggest that since some acknowledgement were given to Councilmember Yukimura that perhaps she can have some time from you to answer that question and also read the communication from the Administration. Committee Vice Chair Rapozo: Go ahead. Ms. Yukimura: Thank you Chairman of the Committee, thank you Mr. Chair. We do have a letter from Public Works requesting a deferral and I did have a lengthy conversation with both Mr. Dill and Mr. Heu yesterday, wherein it was clarified that apparently the process of getting a quote or some estimate for the stabilization of the bridge to at least ensure that it does not fall into the stream and then actually turn what could be a repair into a complete replacement that it is more complicated than initially thought and that they are working on the issue. I think we had some concern about their commitment to the project and whether they were actually proceeding on this issue of figuring out the stabilization and after talking with them, I am convinced that they are doing their best. Who they consult with is their discretion, it's not something we can specify but they are moving to get some realistic quotes and in fact are being quite 39 attentive to getting good quotes and good information. With that assurance, Iwill - support the deferral until August 24. I did reiterate to them my concern that ~, during that period it's possible that the bridge would collapse and that that is an (inaudible) that's hanging over their heads... in .all of our head in a sense. So I think they understand the urgency and I think we're all just hoping that the bridge will stay intact so that we can really get some good figures and then proceed to stabilize the bridge as we... so that it's safe for the time that we're taking to figure out the long term solution to this bridge. Committee Vice Chair Rapozo: Thank you very much and I appreciate your follow up on that because I had shared your concerns as well. Any other? Mr. Chair. Mr. Furfaro: (inaudible) I negotiated an agreement on communications from various Chair people to the Administration that allowed if JoAnn is in Housing, she's got a green light to talk to .Housing. If Nadine is Planning, she has a green light to talk to Planning. If you have Public Works Mr. Rapozo, you have the green light to talk to Public Works. I would like all of us to revisit that understanding so that we don't end up with this type of confusion. Two (2) weeks ago I indicated that I was prepared to let the Administration go to August 24. Request came from various Committee members here to have them here today. Okay? There was no communication to me about this piece but I argued for the deferral two (2) weeks ago only to find out we didn't want to talk about stabilization. Please respect Mr. Rapozo as the Chair of Public Works for this kind of interaction, as I will respect and respond to JoAnn in Housing, Nadine in Planning, Mr. Chang in Economic Development... the reality is we have to be fair to the Administration and channel communications through your Committee through those individuals so we have some continuity. It's extremely important and I'll be very honest with you, I haven't worked as hard as I have for the last seven (7) months to just say we put the rules in place and that it's kind of all right, I'll just go talk to this one (1) and talk to that one (1) and so forth. You know please it is important for this Council, independent from the Mayor, you know this is a corporation. The corporation is the County of Kauai of which the Mayor is the chief operating officer and this Council is the Board of Directors but we got to keep it real focused if we're going to get tasks completed. I appreciated Vice Chair Yukimura reading the communication this is exactly what I wanted two (2) weeks ago. Let's respect other's boundaries within the protocol that, was distributed on July 1. Thank you. Committee Vice Chair Rapozo: Thank you. Councilmember Yukimura. Ms. Yukimura: Thank you Mr. Chair. I think the Chair had more insight than me anyway in terms of getting a stabilization and so you know I think with the explanation from Public Works, it's become clearer to me that more time is required. We still hold our breath as the bridge, you know stands there but I think we've come to an affirmation of the Chair's wisdom at this point. Thank you very much. 40 Mr. Furfaro: Thank you. Committee Vice Chair Rapozo: Any other discussion? If not, I'll entertain a motion to defer. Mr. Furfaro: No you have someone from the audience. Committee Vice Chair Rapozo: Oh I am sorry, I apologize. I'll suspend the rules Mr. Mickens. There being no objections, the rules were suspended. Mr. Mickens: Thank you Mel. For the record Glenn Mickens. I guess my biggest question is still why this bridge has... the paper that Jay gave us, I guess two (2) weeks ago with the bullet points and everything on it, I read it thoroughly, it says the County owns the bridge. My biggest question is why has the bridge been left to deteriorate to this stage of the game. Where we're talking about four (4) million dollars to repair it and on and on and on... why hasn't the bridge been maintained? I thought originally it was a private building project but from what your bullet point says Jay, I guess that isn't true. The County does own the bridge. And I can still remember four (4) years ago when those people first came here, it was deteriorating then, they were walking across the stream, they couldn't access the bridge. So now we're sitting here, you know you've spent two hundred and some thousand dollars that you've appropriated to do some studies or something on the bridge and we're still sitting here at this point. But if the county owned it, why haven't we been maintaining it then, I know it says that the parking lots on either side of the bridge weren't County property, that they had to be brought up but I think that's... (inaudible) message anyway. I don't think that's really relevant to the bridge itself, if the bridge was built by us, we should have been taking care of it. As far as the ADA requirements and stuff on here, I think that bullet point under ADA exceptions I think that's clear enough. I don't think people were ever using that bridge for wheelchairs and stuff, so I think-you could get exceptions to that. As far as historic preservations, that's addressed in this too... so I think you passed out on this sheet Jay, I think it's pretty clear but again my biggest question we're sitting at this point after going on with this thing for four (4), five (5) years whatever and nobody has ever asked that question, well why isn't the County maintaining it... anyway. Mr. Furfaro: If the Chair would allow me and you will not interrupt me... Committee Vice Chair Rapozo: Go ahead. Mr. Furfaro: I'll be glad to give you a quick scenario. Committee Vice Chair Rapozo: Go ahead sir. 41 Mr. Furfaro: Thank you. The reason I passed that piece out was to get everybody back focused. The County owns the asset of the bridge, the physical asset of the bridge. We don't own the land where the fittings are, we don't own the land where you have the easement to, we don't own the land where the people park cars, and that's why it has to be a three (3) phase piece. Now the community is asking for some money about stabilization and they originally asked us to go to August 24 and I said I will not defer it any further after August 24. Mr. Dill needs the opportunity to have the appropriate people because a quote of ten or fifteen thousand on the stabilization forgets all the other permits, this thing crosses a stream, we have to get a permit from the Corps. of Engineer. We have property owners that surround that we need to have access to, all of those things have to be evaluated by Mr. Dill. Where am I on this, I'll say it again, right now today if the group with their five, o, one, three c (5013c) said to me, we're. willing to except the bridge, we'll deed them the bridge, we'll give it to them for ten bucks. And we'll stand behind at least twenty percent of matching funds that they pursue with other agencies, federal grants, state grants, historic preservation and we brought those people over at Mr. Rapozo's request and my willingness to approve the transportation cost, okay? So what I'm saying is, let's wait to hear appropriately on the stabilization, let's not and I said that very clearly to Mr. Dill and the Administration, we will not defer it past the twenty-fourth (24th). But deeding them the bridge is another way to have this handled with them understanding is, we will stand behind twenty percent of the matching cost but we have major issues that we need to have a clear vision on this bridge which I think the Committee needs to do and we have to have the appropriate evaluation on stabilization. Not a group of well intended carpenters saying oh we -can do it for fifteen or twenty thousand, okay? And that's why we need this deferral today. I hope I got you current. Mr. Mickens: May I ask one (1) question? As you're saying, I understand it's a multiple problem here but if the County does own the bridge itself; weren't they liable to be able to maintain it? Mr. Furfaro: That is how this thing started when it got to a point back in 2008 that the bridge was not in a functioning condition. Then County Engineer Donald Fujimoto came to us and said for approximately two hundred and eighty thousand dollars, we can do some repair and maintenance on the bridge. Now it's been evaluated to... rebuild the bridge for compliance with the ADA and so forth and we never even queried the request of a historic site with variances through this group. The number came back to us as a new bridge for four point two (4.2) million dollars. Mr. Mickens: Right. Mr. Furfaro: Through Larry Dill doing a cost analysis, we got it down to two point two (2.2), right? 42 Mr. Mickens: Right. Mr. Furfaro: And we've now added Mr. Rapozo's request several .agencies of the State come and give -this Council an update but again another option is to gift the bridge to the five, o, one, three c (5013c) group doesn't relieve us from what potential liability is there right now and that's why the bridge is closed. Mr. Mickens: Okay. Thank you Jay. Vice Committee Chair Rapozo: Thank you very much. Mr. Mickens: Thank you Mel. Vice Committee Chair Rapozo: Anyone else wishing to testify? If not, I'll call the meeting back to order. There being no objections, the meeting was called back to order, and proceeded as follows: Vice Committee Chair Rapozo: Any other discussion before I entertain a motion to defer? Go ahead. Mr. Kuali`i: I just wanted to make a comment. I was able to go to my first Kapaia Foundation meeting last night and it was basically the core group and I just want to say that they are definitely committed and they're moving forward and they're doing whatever they can and we really need members of the community to become more aware and to join them in their efforts. They have a website, it's www.savekapaiaswin i~ngbrid~e.com and just so you know the Kapaia Foundation, the members are joined by mutual consent for the common non-profit purposes of preserving, recording, and maintaining the history of Kapaia Valley, Restoring the natural habitat of Kapaia Valley and stream, and providing educational programs for children and adults in the State of Hawaii. So while their primary focus at this point obviously is the bridge, it's much more than that and you know they have demonstrated the cultural and historical significance and I just think in the meeting last night too they were talking more about reaching out to the community and building their membership, so they have membership forms and I committed to them that I would join as well. We may see them at the County Fair coming up but I just want to appeal to the community out there at large to connect and join in their efforts. I appreciate what the Chair had said too about potentially maybe one (1) day that's how it works out that the bridge gets deeded to them but I know that they are looking to the County, the Administration and the Council for whatever kind of help and support we can give. I am going to try to do that as a citizen as well. Thank you Mr. Chair. Vice Committee Chair Rapozo: Thank you very much. Ms. Yukimura. 43 Upori motion duly made by Ms. Yukimura, seconded by Ms. Nakamura, and unanimously carried, FPP 2011-05 was deferred to August 24, 2011. There being no further business, the meeting was adjourned at 11:20 a.m. Respectfully submitted, ~~ arreilyne . Simao Council Services Assistant II APPROVED at the Committee Meeting held on August 10, 2011: MEL RAPOZO VICE CHAIR, APP COMMITTEE 44 July 26, 2011 FLOOR AMENDMENT BILL NO. 2149, Relating to Camping at Lydgate Park Introduced by: Nadine Nakamura Amend Bill No. 2149, Draft 2, by amending Sec. 19-4.6 in Section 2 to read was 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) $5.00 per day (2) Group camping site (State Residents) [$5.00 per day] X75.00 per day (3) Camping site $25.00 per day (4) Group Camping site $150.00 per day" (Material to be deleted is bracketed. New material is underscored.) (v:\csoffice files\amendments\Bill 2149, FA 7-26-2010-2012.nadine.doc) 1 A~I-acl~ m~n+ I July 26, 2011 FLOOR AMENDMENT BILL NO. 2149, Relating to Camping at Lydgate Park Introduced by: Nadine Nakamura Amend Bill No. 2149, Draft 2, by amending Section 2 to read as follows: "SECTION 2. Chapter 19 is hereby amended by adding a new Article 4 to Chapter 19 of the Kauai County Code 1987, as follows: "ARTICLE 4. CAMPING AT LYDGATE PARK Sec.19-4.1 Definitions. "Hawai'i resident" is a person with a valid Hawaii driver's license. "Person with a disability" is a person with a disability as defined in Hawaii Revised Statutes, Section 291-51, and Section 11-219-4, Hawaii Administrative Rules. "Parking Permit Placard" means atwo-sided hanger-style windshield placard with the international symbol of access on it, issued by the department of motor vehicles for a person who has been certified with a temporary or permanent disability by a practicing physician. "Special License Plates" means license plates displaying the international symbol of access in a color contrasting to the background and with the same size as the letters and numbers on the plates, issued by the department of motor vehicles to a person whose disability is expected to last for at least four years as certified by a practicing physician. "Group Camping" means twenty (20) or more people listed on a camping permit not to exceed two hundred (200) persons. "Service Animals" means any animal individually trained to do work or perform tasks for the benefit of an individual with a disability. Sec.19-4.2 Purpose. An article to establish proper controls over the use of Lydgate Park so that the people will have the optimum use and enjoyment of said park. 1 Q~IG~t h'1P~'1-~' 2 Sec.19-4.3 Title. This Article shall be known as and may be cited as the "Lydgate Park Camping Ordinance." Sec. 19.4-4 When Permit Required; Time For Issuance. (a) Any person who camps, erects a tent or constructs any temporary sleeping quarters at the Lydgate Park Designated Camping Area shall first obtain a camping permit from the Department of Parks and Recreation or any other authorized county agency. (b) Permits shall be issued during the hours of 8:15 a.m. - 4:00 p.m. from the Department of Parks and Recreation or other agency that is designated by the Director of the Department of Parks and Recreation. Sec. 19-4.5 Permit Terms and Conditions. (a) The Department of Parks and Recreation shall issue a camping permit on a first come first served basis upon the following terms and conditions: (1) One permit shall be issued for each of the thirty-one (31) numbered camping sites which contains a 10' x 10' or 20' x 20' tent area, or the group-camp site. (2) Accessible sites are reserved for a qualified person with a disability. (a) Identification of a qualifying person with a disability requires the individual to provide the [Fiscal Management Division] county employee authorized by the Director of Parks and Recreation with a current parking permit placard or evidence of special license plates. (b) One of the three accessible camping sites shall be reserved exclusively for a group that includes [an individual, or individuals, with a qualifying disability] a person with a disability. (c) In the event all non-accessible sites are [issued,] taken, a campingpermit for an accessible site can be issued to a [non-qualified user] non-disabled person as long as one accessible site is left available for a person with a [qualifying] disability. (1) In the event one of the accessible sites is issued to a 2 [non-qualified user Qnon-disable person because alI other sites, non-accessible and accessible sites, have been issued [accordingly)] and a [qualifying individual] erson with a disability requests an accessible site, the [qualified individual] erson with [the] a disability shall wait until there is a vacancy. (2) [Qualified individuals] Persons with disabilities have first choice of the accessible sites but are not precluded from camping at anon-accessible site. (3) There shall be a maximum of five (5) people per 10' x 10' camping site and ten (10) people per 20' x 20' camping site at any one time. The names of the campers shall be [stated] listed on the permit. (4) No permit shall be issued to allow camping and no one shall be allowed to camp for more than five (5) consecutive days at Lydgate Park. (5) The number of days camped at Lydgate Park shall be included in the sixty (60) camping days maximum yearly limit set forth in Section 19-2.4(4). (6) The camping site may be closed for maintenance at the discretion of the Director of Parks and Recreation. (7) Tents and structures shall be placed only on the designated tent areas. (8) A group camping permit includes exclusive use of the group camp pavilion. (9) Each permitted camper shall leave the premises in a sanitary, clean, and orderly condition. (10) Each permitted camper [must] shall display the permit to any authorized county officer, employee, or contractor. (11) Failure to comply with any of the above conditions shall result in the permit being revoked. Sec.l9-4.6 Fees. The following camping fees shall be collected at the time the permit is issued: (1) Camping site ([State] Hawaii Residents) $5.00 per day 3 (2) Group camping site ([State] Hawaii Residents) $75.00 per day (3) Camping site (Non Resident) $25.00 per day (4) Group Camping site (Non Resident) $150.00 per day Sec. 19-4.7 Animals Prohibited. Animals, with the exception of service .animals, are prohibited from being brought into the camping area. The county park caretaker, or other county employee authorized by the Director [the Department] of Parks and Recreation, shall [ask that the animal be removed from the camping area, and for failure to comply therewith, the park caretaker or other county employee may] summarily revoke the camping permit for noncompliance. Sec. 19-4.8 Camping Without Permits. Any person found camping without a permit by the county park caretaker or other county employee authorized by the Director of the Department of Parks and Recreation, may be evicted from Lydgate Park. Sec. l9-4.9. Penalty. Any person found camping in the Lydgate Park without a camping permit shall be punished by a fine not exceeding One Hundred Dollars ($100.00). Each day of violation shall be a separate offense." (Material to be deleted is bracketed. New material is underscored.) (V:csoffice files\amendments\Bi112149, FA 7-26-2011-2010-2012.nadine.doc) 4