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HomeMy WebLinkAbout04/14/2010 Public Hearing Transcript re: BILL#2354PUBLIC HEARING APRIL 14, 2010 A public hearing of the Council of the County of Kauai was called to order by Lani T. Kawahara, Chair, Parks/Transportation Committee, on Wednesday, April 14, 2010, at 2:03 p.m. at the Council Chambers, Historic County Building, 4396 Rice Street, Lihu`e, Kauai, and the presence of the following was noted: Honorable Tim Bynum Honorable Dickie Chang Honorable Jay Furfaro Honorable Daryl W. Kaneshiro Honorable Lani T. Kawahara Honorable Derek S. K. Kawakami Honorable Bill "Kaipo" Asing, Council Chair The Clerk read the notice of the public hearing on the following: BILL NO. 2354 - A BILL FOR AN ORDINANCE TO AMEND SECTION 19-1.3 AND SECTION 19-1.4 OF THE KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO PARKS AND RECREATION, which was approved on first reading and ordered to print by the Council of the County of Kauai on March 17, 2010, and published in The Garden Island newspaper on March 25, 2010. Ms. Kawahara: Mr. Clerk, can you tell me if we have any written testimony? Mr. Nakamura: We have two written testimonies that were submitted, and we've circulated earlier testimony. The following communications were received for the record: 1) Fran S. Azeka, DVM, dated April 13, 2010 2) Roberta McBride, dated April 14, 2010 3) Wendy Raebeck email, dated April 13, 2010 4) Marta & Jeff Hulsman email, dated April 13, 2010 5) Carolyn Lum email, dated April 13, 2010 6) AnnMarie Hamilton email, dated April 13, 2010 7) Barbara Gail Liddle email, dated April 13, 2010 8) Tammi Oshiro email, dated April 13, 2010 9) Email from ottoson@hawaiiantel,net, dated April 13, 2010 10) Judith A. Buckley email, dated April 13, 2010 11) Ashley LaRusso email, dated April 13, 2010 12) Amy Chun email, dated April 13, 2010 13) Lilly, Sam, & Kiwi Dowling email, dated April 12, 2010 14) Cheryl Lee Kubota email, dated April 12, 2010 15) Stacy Iwai email, dated April 12, 2010 16) Paula Alquiza email, dated April 12, 2010 17) Tigerlilly Zietz email, dated April 12, 2010 18) Tracy Majerik email, dated April 12, 2010 19) Jan Underhill email, dated April 12, 2010 20) Tonci Hoshide email, dated April 12, 2010 21) Leilani Sim-Godbehere, D.V.M. email, dated April 12, 2010 22) Sally Armstrong email, dated April 12, 2010 23) Audrey Bokes email, dated April 12, 2010 24) Darlene Nena Costales email, dated April 12, 2010 25) Marjorie Lewis email, dated April 12, 2010 26) Jodi Matsumoto email, dated April 12, 2010 27) Jack Yatsko email, dated April 12, 2010 28) Nancy Lindeman email, dated April 12, 2010 29) Rick Shaw email, dated April 12, 2010 30) Norman Sagar email, dated April 12, 2010 31) Pat Finberg email, dated April 12, 2010 32) JJ Leininger email, dated April 12, 2010 33) Corinne McCabe email, dated April 12, 2010 34) Marilyn Mach email, dated April 12, 2010 35) Elaine Schaefer email, dated April 12, 2010 36) Ranaella Steinberg, DVM email, dated April 12, 2010 37) Natalie Haneberg email, dated April 12, 2010 38) Robert and Judy Smith email, dated April 12, 2010 39) Susie Wood email, dated April 12, 2010 40) Richard Emens email, dated April 12, 2010 41) Bob and Maria Prosser email, dated April 12, 2010 42) J. Christal Krysler email, dated April 12, 2010 43) Donna Rice email, dated April 12, 2010 44) Ruthie Schultz email, dated April 12, 2010 45) Nicki Pignoli email, dated April 12, 2010 46) Yen Upson email, dated April 12, 2010 47) Ginny Merdes email, dated April 12, 2010 48) Barbara Wiedner email, dated April 12, 2010 49) Sarah Bernston email, dated April 12, 2010 50) Sandy Thomas email, dated April 12, 2010 51) Joy Ortiz-Zimmer email, dated April 12, 2010 52) Phil Fudge email, dated April 12, 2010 53) Daniel Schmidt email, dated April 12, 2010 54) Julie Black email, dated April 12, 2010 55) Ginger Hilke email, dated April 12, 2010 56) Ron Margolis email, dated April 12, 2010 57) Erik Pendleton email, dated April 12, 2010 58) A. Larry Wharton email, dated April 12, 2010 59) Fran McDonald email, dated April 12, 2010 60) Mindy Smith email, dated April 12, 2010 61) Larry smith email, dated April 12, 2010 62) Sunny-Wyanne Bunyan email, dated April 12, 2010 63) Andrew Vea email, dated April 12, 2010 64) Tom & Kelly McGannon email, dated April 12, 2010 65) Email from djohnson57@hawaii.rr.com, dated April 12, 2010 66) Tennille Melcher email, dated April 12, 2010 67) Suzanne Thompson Pond email, dated April 12, 2010 68) Kevin & Kathleen Case email, dated April 12, 2010 69) Robert Nesti email (2), dated April 11, 2010 70) Coreen Sarabia email, dated April 11, 2010 71) Gina Calisher email, dated April 11, 2010 72) Junior Illanez email, dated April 11, 2010 73) Kumi Fisher email, dated April 11, 2010 74) Cherie Pipkin email, dated April 11, 2010 75) Tony Sarabia email, dated April 11, 2010 76) Rev. Caroline Miura email, dated Apri14, 2010 77) Roberta McBride email, dated April 4, 2010 78) Colin Marsh email, dated Apri14, 2010 79) Anne Pecoff email, dated Apri14, 2010 80) Marcella Marsh email, dated Apri14, 2010 81) Elaine Valois email, dated march 27, 2010 82) Chad Pacheco, President, Kauai Search and Rescue, dated April 12, 2010 83) Julie Werner email, dated April 14, 2010 84) Carlos Jorge email, dated April 14, 2010 85) Melissa Mojo email, dated April 14, 2010 86) Dr. Becky Rhoades, Executive Director, Kauai Humane Society, email, dated April 14, 2010 87) Jennifer Linton Bloom email, dated April 14; 2010 88) Barbara Gibbs email, dated April 14, 2010 89) Laura Skrbec email, dated April 14, 2010 90) John Burger email, dated April 14, 2010 91) Blake and Sandy Salmers email, dated April 13, 2010 92) Katalin Terdik email, dated April 13, 2010 93) Danie McReynolds email, dated April 13, 2010 94) Walter Zentgraf email, dated April 13, 2010 95) Rosalie Gordon email, dated April 12, 2010 Ms. Kawahara: Okay, and prior to that? We have 118 written testimonies as public...on the public log. Is that correct? Okay. I just want to mention, then. Okay, so we're here today to discuss the dogs on the multi-use path. I wanted to take this moment before I ask for public testimony to share with you that we do have 118 pieces of testimony in support of dogs on the path that we've already received, and the clerk has told us that we've received two other testimonies today. Let me also mention, and I want to explain this, because there's been a lot of questions about the survey which was on our communications today. I was hoping to get the survey to the public today; however, the parks director asked for a deferral. So with that, I know there are a lot of questions, and I apo...I do want to tell you that we've been working hard with the director of parks to try and get that to you. I want to share with you exactly what the council is doing, because I think we all do know that this ordinance is going to be expiring May 31, so it's very time intensive, I want to share with you that I went as the chair for that committee, went to a February 25 meeting where I was able to see the survey, and in consequent meetings, I didn't want to discuss it because I wanted the department director to bring it up. So again, we are waiting for that report. So on February 25 I went to that meeting, and soon after that, it was another meeting or discussion on the side, the director and his deputy had told me that they would be submitting a request to come in front of council within the first week of March. So when it came around to the first week of March, during the second week of March we hadn't received anything, I submitted a request to them officially...well, first I think I officially just emailed them and said, well I was expecting this to come and it hasn't arrived, will you be able to present it as we discuss, and the answer was, no we have not, and they were ready to...waiting to distribute the entire package regarding this matter. Now what the entire package is is the survey itself, and I believe the recommendations and the plans that the director and the recreation department want to take on this particular ordinance. So all in all, what I've been asking for is the survey, but in deferring to the director, he has always said that he wants to have it as a package. I again asked on March 18, at the suggestion of fellow councilmembers to send an official memo to the director and to the department and administration requesting that if we could please get the survey, because I do think it's important for the public to be able to view that, and there have been so many questions about it, including people that were on the task force that have worked really hard, really hard on it. So on March 18 an official, more official document was sent to request if they could please, as it relates to this chapter 19, section, article, blab, blah, blab that we are facing a trial period deadline on May 31, could I please see it. On April 12, within the council itself, I've asked my fellow councilmembers, again talking and relating about the deadline that if they have any amendments or any concerns, could they please bring it up with our staff so we could work on amendments prior to hitting the committee date. This is the public hearing. The next one would be the committee date. So I again am preparing...trying to prepare us so that we're ready to go, because I really...this is an important piece of legislation for a lot people. And yesterday at 7 p.m. we received a request from administration and the director to defer sharing the shared use path survey again. Their request is to present it together with the recommendations from the department. So I was a bit disappointed at that, but I...what I can do is request, and what the administration does is up to them. So I wanted to be sure that everybody understood that, and I'm seeing that there are a lot of people there, and they weren't people that testified in the previous public hearings, so I am wondering if we have any people signed up. Oh, let me suspend the rules, and... Mr. Furfaro: Before you suspend the rules, may I have moment of personal privilege? Ms. Kawahara: Sure, Councilmember Furfaro. Mr. Furfaro: Thank you. There are 118 people that have responded that I've picked up on my email, and I'm guilty of only answering about 17 of them, okay. So I want to make clear, if any of you have them... We are in the heat of budget, and every day we have new items that come up, including today's concern from the governor on the funding of the employee health system. So for those of you who have my response at this time, please feel free to share it. On the second note, I want to make clear in my mind here that the chairwoman, we are not talking about working on the bill before we get the presentation, because in my email response, I've made it very clear how I'm feeling about it, but I wanted to reserve final comment until I saw the presentation. So I just want to make sure I understand that's your intent-not to work on the bill in advance of the presentation, but when we get the presentation. Ms. Kawahara: Yeah. I was hoping, again, to have the presentation so that we could discuss it and hopefully we would have information to help us work on the bill. Mr. Furfaro: Well Councilwoman, I want to thank you for the moment of personal privilege, and I'm sorry I can't get to all of you at this time, but feel free to share for those of you that have heard from me. So thank you. Ms. Kawahara: Thank you Councilmember Furfaro. I believe Councilmember Kawakami had his hand up. No? Okay, Councilmember Bynum. Mr. Bynum: I just... if we're going to talk about clarity, I want to be clear also that it is...this is a difficult time for the council because of just our routine business is pretty intense. It was originally my intention and hope to introduce this bill in January, so we could be done before the budget process, but the request was to collaborate with parks department. And in the meeting, they announced their intention to send communication to the council for a presentation on March 17, and I, in collaboration, introduced the bill on March 17. I thought that be really nice, we'd hear from the parks department, we'd have the bill on the agenda. So just to add that a little bit. So I'm glad that Councilmember Kawahara gave a timeline. And in fairness to parks department, you know, it's common to ask for deferrals to get everything lined up. So what should happen is next week this bill will move into committee where we begin deliberation, and we'll have the presentation, and hopefully the order will be as you said, Mr. Furfaro, with the presentation prior to the committee work. So thank you. Ms. Kawahara: Thank you Councilmember Bynum. Again, I just want to restate though that there is supposed to be an evaluation to consider the outcome of the data collection prior to the expiration of the trial period, which was...which is the intent of the ordinance, and I'm sure the intent of the administration, and definitely my intent to be able to be ready and ahead of that expiration date. I do have... I think I'm going to suspend the rules now, and I have a list here of ...oh, I just got it...of 18 speakers signed up, and if I could get some guidance and actually just overview of how many minutes each person can get. Mr. Nakamura: Yes, Committee Chair. It's three minutes per person. What we can do is call the name of the person who's up to testify and the person following them. Ms. Kawahara: Okay, thank you. So is everybody aware of that parameter? So three minutes and...because it is such a long list, we will be sure to get through all the people on the list, so we'll do the three minutes. If you could call... And I'm going to suspend the rules, and if we could go ahead. Thanks. The hearing proceeded as follows: RON WILEY: For the record, I'm Ron Wiley, I can't help it. Thank you. Thanks to all of you. I don't know if I can fill three minutes. Can I talk for three minutes? I'll do my best. First of all, I want to acknowledge this full house here. This was formerly Hale Kauai; today it could be Hale Ilio-dog house? Maybe. Thank you so much, and your difficulties are acknowledged. This group of people all have jobs. Some of them have two jobs, or some are retired, and so they have difficulties too. It's a difficult time. Tomorrow's tax deadline. People are here, they have something to say, they want to thank you, I think. I believe many of them will thank you for this trial period, a very wise thing actually. To me that trial period has proven beyond a shadow of doubt, including this past Sunday when 200 people and their dogs, not more than two each, maybe we'll say conservatively 250, 275 dogs, all at once proved that they can walk on the path with bicyclers and walkers, many not knowing what was going on on Sunday, without an incident. I want to thank Lani Kawahara for being there, Tim Bynum, I know you all have busy, busy lives, couldn't all be there. I know that Derek Kawakami...look at that great body now, is running daily or close to it on the path. I'm glad to see him out there. Jay, you're invited to come take a walk with us some time. Oh Tim also, as a matter of fact. A fantastic period, but it has...it cannot sunset. You must not let this sunset. Folks now know clearly and concisely that they have a privilege to walk their dogs, get their exercise, get it safely. Laura and I live in a place where we can't walk safely, there are no sidewalks, there are no curbs, we walk our dogs in the street. I'd hate to think about the liabilities there for the county, some day. But thank you so much for your consideration. We appreciate what you're doing here for us. Don't let this law sunset. And we can share the path. It's amulti-use path. It will be used for travel, it will be used for exercise, it'll be used for walking our dogs. Mahalo. Thank you. MARCIA McPHAIL: Aloha County Councilmembers. For the record my name is Marcia McPhail, and I just want to thank you all so much for the privilege of being able to take my dog on the path. Just had my parents visiting me here for four weeks from Boston. Dad's 80, Mom's 79, they're up at the crack of dawn, they do their power walk, so I told them about the multi-use path, and they absolutely loved it. I especially loved it because I went with them, and I got to take my dog. It's a very special privilege and I don't want to lose it, and mahalo nui loa. I look forward to the future of using the path in a responsible way. Mahalo. JUDY XENOFOS: Aloha and thank you for this opportunity. My name of course, you've heard it, it's Judy Xenofos. My dog's name is Tita, and I live in Kapa`a. Where I live there are no sidewalks, there are potholes and a gutter. There are cars all the time behind us and swinging around us. The only safe place where I can walk and have my dog walk with me is on that pathway. And I have to let you know I don't usually talk about this, but I am mobility impaired. Here I use a cane to get in and out from my car to the building. On the path I use a walker. It allows me to walk far and faster than with a cane. There is no other place that I know of where I can go with my walker and my dog and walk on a flat, paved, wide path where I feel safe, where there are no cars, no fumes. The only thing that ever gets in my way is a wild chicken, and nobody's making any stink about the chickens, and neither am I. That pathway has definitely improved my health. My doctor's orders are to keep moving and to keep walking, and that's the only place where I can go and walk continuously. And with my walker, if I tire, I can pull over, put the little seat down on it, rest for a few minutes, and then continue. I see many, many other elderly people. I see other people who are disabled, and I think also important is that I see tourists. There are lots and lots of tourists who walk on that path or ride their bikes that they rent, and I cannot tell you how many times I have been stopped by them and asked permission to let my dog be petted, because they miss their dogs back home. I think it's good public relations, it's good for health, it's good for seniors, and we all, all the dog walkers that I have seen, are very, very considerate. We stay to one side, we pick up the poop, I even pick up chunks of glass that I see in the grass or on the pathway. I think it's a very important thing to continue the use for dogs, and I hope, I pray, and I beg please let this keep going. Thank you. JONI LESSER-BENTON: Thank you for allowing me to speak on this particular topic. My name is Joni Lesser-Benton. I'm a licensed clinical social worker, and I'm a member of the health and mental health communities on this island. I have personal experience, not only emotional health, but managed to keep...lose and keep off 12 pounds in the last 18 months. My physician is happy. My husband is happy. And my Jack Russell Terrier is also happy. In fact, she is deemed one of the most calm Jack Russell Terriers that people have ever met, and I believe this is in part because not only of our clear guidance with her, attention and nutritious food, but because she receives plenty of daily exercise. And I can only think that the efforts to allow us to encourage our population to participate in physically and emotionally healthy activities can promote good health in a time when medical attention is so limited in our area. And I thank you for your time, your consideration, and hope that you will continue to encourage good mental and physical health in our community by extending the use of this pathway for our dogs and the rest of our community. Thank you. JAN WOO: Good afternoon. Thank you very much for seeing and talking with all of us. My name is Jan Woo, and as you can see, I walked on Sunday and I walk on the path weekly with my dog, and it's a wonderful privilege to be able to walk on that path. I thank you all for allowing this temporary period of time, and I ask very strongly that it be continued for health reasons, for dog reasons, and for everyone's ability to meet new people and to participate. Thank you very much. Mr. Chang: Excuse me. Madam Chair, can I make a suggestion please? Ms. Kawahara: Are you going to talk about the mike? Mr. Chang: Yes. Ms. Kawahara: Please. Mr. Chang: I was just going to say that because we're in a new building and this is the largest group of people we've had, we're testing this ourselves also, so if the speakers can get a little bit closer to the microphone, I think everybody can hear, including our staff and councilmembers. Thank you. Thank you Madam Chair. (Inaudible from the audience.) You sound like you don't need a microphone. Ms. Kawahara: Thank you Councilmember Chang. ELLIS BROOKS: Good afternoon everybody. Is that close enough? My name's Ellis Brooks, and I'm here representing myself. I live in Koloa. I'd like to thank everyone responsible for getting the initial trial period going, so we could have a chance to see how it worked, have an opportunity to have folks walking their dogs. I personally don't get over to it very often. I was there Sunday. It was a beautiful day, beautiful thing to see, people out there playing around, roller skating, jogging, and walking their dogs. I really came here with no intention to speak and no prepared comments other than I'm wholeheartedly in favor of a bill that will extend the right, the privilege to walk dogs along the full path...the full length of the path. Responsible dog owners should be allowed to walk their dogs along there. I don't have any statistics, but I can tell you from personal experience, I know this ain't the mainland, thank God, that's why I live here, but I traveled to the mainland occasionally, I've been on dozens of similar paths in cities and States all across the country. I've never been on one that didn't allow dogs. When I'm there, I'm one of the tourists that an earlier speaker spoke of, missing my dogs, and petting the dogs of other people walking their dogs along the multi-use paths around our nation. I'd just like to ask...thank everybody again and ask you to please do what you can to pass the bill. Thank you. Ms. Kawahara: Thank you Mr. Brooks. If I could take a moment while the next person's coming up. If everybody could remember to turn off their cell phones? I've heard two go off within the last three minutes. Thank you, CHERYL KANZLER: Good afternoon. Thank you for allowing me to speak on behalf of Mr. Lucky, my dog. I bring a little different perspective here about the safety of walking` where I live up in the homesteads. There are no sidewalks, etc., but in addition, a lot of people up there let their dogs run free. I always walk my dog on a leash. He was attacked by a Rottweiler, and tumbled; and I got in there and tried to separate them. So I became very nervous about walking my dog on leash and realized that down on the bike path it's very safe for us there. No one there abuses the privilege. Everybody keeps their dogs on leash, and I find it rather interesting to me that this is a big issue, and I understand that, but I also, so many times I see dogs running free in the county parks down there, and they're off leash and they're big dogs, and I never do that, and there doesn't seem to be a lot of attention paid to that when those dogs are running free, or when I go up on a hiking trail, dogs are all off leash up there running free, and we all follow the rules. We're on 6-foot leash, we have our poop bags, we're scooping and pooping and picking up, and yet when I go to some parks, I see them all running free, but nobody seems to care. So I really urge you to allow us with this privilege. We're all doing the best we can to take care of our dogs, clean up after us, and for me, it's a safety thing for my dog too. So thank you very much. Ms. Kawahara: Thank you Ms. Kanzler. CHERYL KUBOTA: Good afternoon, I'm Cheryl Kubota. I see a lot of familiar faces here. I want to thank you for letting use the multi-use path...bringing our dogs. I actually got...I have two dogs now. I'm one of the daily users that either bicycle or walk our dogs, and I've lost 25 pounds doing it too, so get out there and exercise. It's really nice to see that many people out. I used to walk with my girlfriend June Layosa, who's a ex-police officer, when it was still cane road with a lot of potholes, very deserted. We were like...I could count less than 10 people out there, so I would never go alone before. But now I feel, you know, it's safe, because there's so many people, it's visible, it's kept real manicured, pretty much manicured. And I... my husband wanted to come, however he's working hard at Pono Market, Ken Kubota, and so we... On behalf of my husband and myself, we humbly and we respectfully request that you pass this bill, and I stand by my testimony sent in via email. Thank you. Ms. Kawahara: Thank you Ms. Kubota. Ms. Kubota: Thank you for your time and consideration. GLORIA NAKEA: Hi, my name is Gloria Nakea. My husband and I and my daughter Christiane, we participated in the walk on Sunday. It was beautiful. As it's been said before, there were no incidences of any kind of dog biting or aggression. I must say, we live in the homesteads, and I do not feel safe walking my dog, climbing Sleeping Giant, or even walking the neighborhoods. I've had three dogs since we've been living on Kauai for the past 30 something years, and two of them have been attacked by other dogs while I was walking in my neighborhood while in the homesteads up on the roads there. So I feel very safe walking on the path. Now we can't walk our dogs at Lydgate, which is a beautiful place to be. That saddens me. The only place left, actually, is that beautiful multi-purpose path. It is a blessing to this island. I've always felt that from the very beginning, and now I urge you please to pass this bill and give us all the happiness that we can enjoy and we can expect living in paradise here with our dogs. Thank you very much. Ms. Kawahara: Thank you. DR. KA`ANI BLACKWELL: Aloha. My name is Dr. B, or Ka`ani Blackwell. I have the privilege of living and working here on Kauai. I'm a university professor in teacher education and have been a... am a permanent in Kapa`a. We have two cats and a dog. The cats could care less about the bike path, but the dog thinks he owns it, and with that ownership comes responsibility. Not only do we pick up after him, but my dog somehow, named Lucky `ilio, has taught his master, which is my husband Paul Blackwell, into taking a cloth and cleaning spray and using lots of elbow grease and removing graffiti from all the white guardrails. He does that every time. We're hoping that people will learn here on this island to love our `aina and respect that bike path, but until a lot of the hands that are sort of not busy learn that. We as dog owners are very responsible and proud people with regard to that bike path. It's part of the community, it's part of ownership, and it's part of responsibility. I hope that you will seriously think about making this a permanent bill =that allows the dogs and the owners to use that pathway. It is criminal almost to not do so. Thank you very much. Ms. Kawahara: Thank you doctor. RANDY BLAKE: Aloha. I'm Dr. Randy Blake. I want to thank you all for allowing me to come and give my testimony. I am also the executive director of Kauai Path, and we have a vested interest in building paths and pathways for both people and bicyclists. At our last board meeting we passed a resolution in support of this bill. We think it's prudent that we go ahead and open the multi-use pathway for its entire length at one time, instead of having to come back, and as different segments open, approach the council for permission to bring our dogs on the path at that point. So I think the concept of getting this passed so that we have the ordinance stated that as the shared use pathway expands and grows from Kapa`a to Lihu`e that we don't have to come back and address this issue each time as new segments open up. Secondly, as a medical doctor, we are finding, the evidence is becoming clear, I think you can see from testimony today also the people are getting healthier using this pathway. We also are finding medical evidence to support the people who have their dogs with them are more likely to walk with their dogs than if they choose a upright human companion...two-footed human companion. So we can say that it be nice if we just had people with walking buddies, but we're finding out that the four-legged walking buddies do a better job in getting us out on the path and exercising us versus some of the two-legged companions that somehow make excuses and don't show up. I also have a dog, Cesar, and Cesar is... also believes he owns that part of the pathway. As he rides down from Kapahi, he is in fits of excitement. He is in joy, whining until that door opens and he can get on his leash and start walking me down the path. So I want to thank this opportunity to come before the council. I want to thank Councilman Bynum for his putting this resolution or this bill in front of the council, and I want you to know that we're...I'm in overwhelming support of it from a personal reason and from a public health standpoint. Thank you. Ms. Kawahara: Dr. Blake, the study that you spoke about about people doing much better and keeping up and maintaining their exercise routine with dogs... Dr. Blake: Yeah, we've posted reference to that on the Kauai Path. The website, if you'd like, I can get copies and submit it as testimony for the council. Ms. Kawahara: Thank you. Thank you very much. Dr. Blake: Thank you. PATTI SEARS: I'M Patti Sears for the record, and thank you so much for opening this path up as a trial period for the period it has been. I've regularly been on the path with my little Shitzu-Malteses and feel very, very safe walking them there, where I don't feel safe walking them any old place on this island. They're small little dogs, 10 pounds and under, and it's just not safe walking a little tiny dog any old place on this island. I was out there Sunday myself also, walking with about 200 plus other dogs and their owners. It went very smooth. The only fecal matter I saw on the path was from chickens, and we were out there picking that up. We're trying to keep it as clean as we can. I've been the path many times. It's very, very clean. We're picking up litter, everything that's that's along there that's not supposed to be there. Everything went smooth. All the dogs got along. It was a social thing. You see your friends walking on the path. You exercise two miles each way, four miles roundtrip. I lost weight, 10 pounds already walking that path. It's a health issue. I wouldn't go on the path and leave my little dogs at home. I'd feel guilty. I could never go out for exercise and leave my little doggie sitting there looking through the window knowing they want to go too and they need exercise too. Thank you very much for your time. I urge that you keep this path open for all the island people to use. We really, really need this. My sister goes camping on the mainland every weekend in their fifth-wheeler. They take their two little dogs with them. They're allowed to go on all the county parks; they just have to be on a leash. It works-very smoothly. Families get out. They enjoy the outdoors more, and we need that healthy kind of environment here. Thank you for your time. Ms. Kawahara: Thank you Ms. Sears. HOLLY RUDINOFF: Hi, I'm Holly Rudinoff. Thank you, and I just want you all to know I have two daughters and a dog, and this whole process of the dog path being open for the 18 months, it's a learning thing for my girls, and oh boy will they be upset if they can't walk their dogs on the path. So I just want to thank you and this whole process, and I sure hope to see it pass, and you know, I'm a nurse on the island also and I do know the therapy of walking your dog, and I just want to thank you. So I'll make it quick because I know there's more after me. Ms. Kawahara: Thank you Holly. EDWIN GUTIERREZ: Good afternoon. My name is Edwin Gutierrez, and my wife Diane and I just recently moved to the island of Kauai in January of this year, and we stay up in the Kapahi area. And as you can see, I'm two days early from Aloha Friday, so please forgive me for my attire. I am an aspiring electrical contractor here on the island; I'm in the process of getting my license, and I'm also a Christian pastor. We own three dogs, three big dogs, and we are responsible dog owners, along with our colleagues here today, and we love our dogs. And I've noticed a lot of the folks on the island, they keep their dogs locked up in cages in the backyards. Well you know, our dogs love inside and they're big dogs. You know, they're all 100-pound dogs. So with that, I just want to point out some bullet points for you all to consider, which will be greatly appreciated. Number one, there is a park close to where we live. We live close to the Otsuka place...furniture place up in Kawaihau, and...but guess what, there's no dogs allowed up there on the park. So you know, we respect the laws and stuff, and walking... I would prefer to walk my dogs around my neighborhood, but my wife, she's the one, she's the dog walker, you know, and she likes to go down to the beach. But for her sake, you know, there are a lot of unexpected dangers, just like everybody already said them, echoing what everybody has said about there's no sidewalks, there's lots of potholes, and not only that, there's...you know, there might be a loose dog running around, you know, and they just come up to you and you don't know ,how they're going to act. And also, you know, a lot of cars, the roads up there are narrow, you know, and we, you know, you want to walk opposite traffic so you can see if a car is going to hit you, at least, you know, so you can get out of its way. And like I said, there's no designated sidewalks or walking areas. On the dog path by the beach, that's a controlled area at least, and like everybody's saying, it's a safe place to walk, and everybody, you know, keeps the dogs on leashes, whatnot, and obeys all of the signs, and I think we have more serious issues than, you know, trying to decide whether we should keep this dog path passed or not, you know. So with that, I thank you for your time and consideration. Aloha. Ms. Kawahara: Thank you. Thank you for coming down. DR. BECKY RHOADES: Aloha. This is Dr. Becky Rhoades speaking on behal£..or on behalf of the Kauai Humane Society, thank you for allowing me to testify. You know, when you think of dogs on Kauai, and there are issues with dogs on Kauai, we're the organization that's called nine times out of 10. One of the things that this trial period we were hoping would do and has done is created a huge awareness, promotion, and education of good dog stewardship to our community. More people know about leash law, more people know about dog licensing, more people know about the responsibility picking up poop. You know, it's been huge, and that was why one of the big reasons for wanting to have this allowed in public on the multi-use path is to promote good dog stewardship. Kauai has a rural nature to it, a semi-rural nature to it, yet we live in high dense areas, but people think they live in the country, so they let their dogs run loose like they live in the country, which is not even appropriate for living in the country. We have a lot of work to do. This is really helping. The trial period has shown. Throughout the trial period we have experienced good voluntary compliance of the rules by dog owners, excellent monitoring and management of dog waste by the volunteers and staff, adequate enforcement of the new rules related to the dogs, and strong support for responsible dog walking on the path by the community. We want it on all multi-use paths, county designated multi-use paths. You start creating no dog zones, dog zones okay, no dog zones on a shared use path system, it's really confusing, very confusing to the public without... It's just so confusing. And then what happens as a result is good dog stewardship is punished, and it's the model we're trying to create. There could be a good dog person, has it responsibly leashed poop bag, 6-foot leash, doing the right thing, but they get punished because they're in the no dog zone. We've shown it can work. We strongly encourage on behalf of our membership of 2,000 Kauai people at the Kauai Humane Society and also on behalf of serving as the county dog control agency, we strongly urge you to pass this ordinance and allow responsible dog walking on the county multi-use path. Thank you. Ms. Kawahara: Thank you Dr. Becky. Mr. Furfaro: Chairwoman, I had a question for the doctor. Ms. Kawahara: Dr. Becky, if you could come back up? Thank you. Councilmember has a question. Mr. Furfaro: Thank you Dr. Rhoades. I just wanted to check in with you on one particular issue. I mean you and I have already met. I think you have seen my position, and certainly I don't think, as we look at these areas, we have to come back every time. But I think there is other members of the community that we have to, you know, recognize what some of their concerns are. And one of those that seem... I've been on the path, despite what Ron said. In fact, my last recent trip was with my daughter who was the LEED planner for Wilson Okamoto who designed the path. But there seems to be an awful lot of confusion on the signage. You know, when you talk about clarifying, I mean I certainly plan to share that with the parks department. But would you concur with me that it's hard to regulate because the signage is so difficult. Dr. Rhoades: Right, and I think because it was a trial period, maybe we didn't invest in the signage that we really needed to have. But the community heard it as dogs are okay on the path, that's how they heard it. They didn't hear it that it's only this part of the path, not this part of the path. There's been a lot of tickets served, and it's tickets served to people that were being responsible. We want tickets served to the irresponsible people, and I would love to see the fine a thousand dollars. I don't care about the fine. I think the fines are important, but we don't want to be punishing people that are doing the right thing. And I think there are issues regarding State jurisdiction, county jurisdiction; we've never got into that. We serve them no matter... as the...I serve citations myself. We serve them whoever's jurisdiction, and we've won them in court, but the county rangers only... once it reaches the beach, they don't want to touch them, and there's loose dogs all over the beach, so it's very confusing. I think there's some work that needs to be done. Collaborating with State, county, parks, KPD and the Humane Society to help with it. But signage is a huge issue, but again, you know, I don't know the answer to it, but if you start going no dog zone and dog zone, it's confusing. It's really confusing. And I think we are responsible. I think that the law works, the leash law, the 6-foot lead, the two dogs per person. The rules are working, and the rules are good. During the trial period it was a good set of rules to promote, and I think they're working and I think it could be shared. Mr. Furfaro: Well thank you. I just wanted to get your opinion on the confusion that exists in the current signage. Dr. Rhoades: Yes, it's very...very bad. Mr. Furfaro: Thank you Councilwoman. Ms. Kawahara: Certainly. Oh; Councilmember Chang has a question for you. Mr. Chang: I also did have a question. During this trial period, the Humane Society has a newsletter that you send out? Dr. Rhoades: Yes. Mr. Chang: Is that like quarterly? Dr. Rhoades: Um-hmm. Mr. Chang: So from the beginning of this trial period to perhaps like the latest newsletter, have you been using that as a tool to educate, and things are going right, and these are some of the things that, you know, perhaps were asked or were not asked. I mean has that been an effective way of publicly educating not only your association of 2,000, but people on Kauai in general? Dr. Rhoades: Absolutely. You know, we touch a lot of people beyond... We touch a lot of people on Kauai. They call us for an animal issue. We've been monitoring the path up `till...through about the end of February, we had an officer out there every day, completing a report, some section of the path every day. We do a lot of contact with the public and a lot of education through schools, the newsletters, through activities at the Humane Society, love a dog day, as to the event that just happened this past Sunday, to educate the public about what are the responsibilities with dogs. I think that this has really worked to...I mean think about the way it was before, okay. I mean that cane haul road, okay. Those dogs manure everywhere, I almost said it, I'm sorry. Dog manure everywhere, loose dogs everywhere. We still have some loose dog issues. I'm the first person to say it about our residential areas and some of the beaches, but it's so much better. It's working, and that's what we want to be promoting. Mr. Chang: Thank you doctor. Thank you Chair. Ms. Kawahara: Certainly. Thank you Dr. Becky. Dr. Rhoades: Okay, thank you. MICHELLE BLAKE: Good afternoon, I'm Dr. Michelle Blake. I'm a retired physician. I'd like to thank you all for the privilege of having the trial with the dogs. Many people don't realize it, but I am disabled, and walking with my dog... excuse me. Ms. Kawahara: Take your time. Ms. Blake: ...is one of the few outdoor activities that I can enjoy. It's much more enjoyable to walk with my dog. I feel safer with my dog. The only problems that I've had on the path have been with unleashed dogs from irresponsible dog owners, and that didn't happen because dogs were allowed on the path. It happened because irresponsible dog owners are irresponsible regardless of what conscientious dog owners are allowed to do. I encourage you to pass the law so that it doesn't sunset, and that the privilege continues and is extended for the full length of the path. It's better for the health of the community, is better for the dogs, the dog's owners. It's certainly a showplace on Kauai for visitors to come here. And despite the delays that you've had, I hope that you're prepared to act to pass this law, even if you don't get the results or the report from the parks department, because it's obvious to me that this is what the public wants-is to be able to have their dogs legally on the path. Thank you. Ms. Kawahara: Thank you. BEV BRODY: Good afternoon and thank you for hearing my testimony. My name is Bev Brody and I work for the University of Hawaii as the get fit Kauai coordinator for the island of Kauai, and I'm here to strongly, strongly urge you to please pass that bill that will allow dogs not only on the portion of the path that is allowed now, but on the entire path, and Lydgate, and any other park path that we're going to build on this island ever. And one of the reasons why...I mean it's so obvious. I'm so touched by the people who have talked about...the lady in the walker, that is amazing, her doctor has said you're doing something well. This is a health matter, this is a fitness matter, this is...this is what's going to make a healthy community, and our dogs have taken the place of personal trainers. One lady said it and I'm going to agree is... and that it is... and Randy said it too, it is very easy. If it is raining outside and you are scheduled for a walk and Tim Bynum or someone is your partner, and they're like it's raining, yeah you're right, okay we won't go, we won't go, and you don't go, and you can shove it off. But when you've got afour-legged friend sitting there, you can't just shove that off quite as easily, and when there is a safe place to walk, this is going to also encourage people to go and walk. So I am totally in favor of dog walking on the path, the entire length of the path, and I think that what we need to do and what you have the capacity of doing is in order for Kauai to be the healthiest place, we need to remove barriers from stopping this place from being healthy, not put them up. So I am urging you, please pass this bill, fully, fully support this bill, do not let it sunset. It's too important. And I also agree with the last speaker, if parks and rec doesn't come through with this report, I think you've heard enough, you've had 118 other written testimonies, this is how the county feels. Please pass it with or without that. Thank you very much. Ms. Kawahara: Thank you Bev. AMALIA GRAY: Hi. My name's Amalia Gray, for the record. I'm here in support of the dog path. I have a dog. We've been walking the trail since it was a cane field for almost 10 years, and it's kept him really healthy. It's helped me lose weight. We are very respectful to the other travelers on the path. Some people have like friendlier dogs, and the dogs like to sniff each other and say hi, and the people that know the limits of their dogs, they hold back and they have them on the leash, and they're respectful of that. And I really hope this bill passes. I'm here to represent some friends of mine that weren't able to come. A lot of new moms on the path with their dogs helps, you know, get off that pregnancy weight and get us out of the house. It's inspiring for my family to come and, you know, take the dog for a walk while I'm trying to whatever, do laundry, and you can say oh go down to the path, it's beautiful, take the dog. And so I'm glad that I was able to make it today. It shows how important it is to me and some friends of mine, and I just really hope this bill doesn't sunset and that the dog path is expanded as the path is expanded to all the way around the island one day, and it'd be great. So that's what I wanted to say today. Thank you. Ms. Kawahara: Thank you, and thank you for making time to come down. WENDY RAEBECK: Aloha, Wendy Raebeck. I obviously haven't been out there lately. I don't really have... I just basically concur with everything everybody said. I'm an avid user of the path. It's a whole society out there. It's awesome. It's evolved into a really wonderful thing from, you know, just few people to a very dedicated bunch of healthy animal loving energetic litter picker-upper people, and you know, I think that this demographic dog owners is probably the most important demographic of the path. We're, you know, like everybody said, I mean our dogs won't let us not go. So we got to go, and we're always going to be out there. And it's really important to...for us to have more access, because it, you know, it's always going to be beautiful, but it gets a little tedious kind o£..you kind of feel like you're doing laps after a while. So it would be...you know, we kind of miss...there's so many places that we can't go, and once the path continues, we're going to want, as the years go by, we're going to really want that variety. And I also think that...I also think that it's going to be very taxing on the island at large if there's only one place for dogs. It's going to be tough for parking, and it's just going to make that one area like the dog area. So I think we really need to open it up. I think everybody wi11...I think we're all going to look back and realize it's very, very, very good, smart thing to do. So thank you. Thanks to listening to all of us. Ms. Kawahara: Thank you Wendy. That's, I believe, the end of our people that are signed up to speak, but I'm sure we have people still out there that would like to speak. If so, please raise your hand and we'll recognize you when you come up...or you recognize yourself. KEN TAYLOR: Chair, members of the council, my name is Ken Taylor. I have had dogs all my life until I came here to the island. I had to have my dog put to sleep just before I left the mainland. I had him all ready to come, and...anyway. I don't see in the near future that I will be getting a dog, but I've been very supportive of the path ever since the beginning, and I've testified many times in favor of the path. I've been totally shocked and surprised that there has been any question that dogs should not be on the path. I just hope that you all will see fit to move forward with approving whatever is necessary to open the path up completely to all the responsible dog owners. Thank you. Ms. Kawahara: Thank you Ken. Anybody else? Please don't be shy, and we're taking all statements. Thank you. I have another speaker. All opinions... SANDY TUTTMAN(sp?): Hi, my name is Sandy Tuttman. I'm a registered voter and a dog owner, and I used the path before it was a path, and I've used the path since, and I find that like many of the speakers today said it improves their health. One thing that wasn't mentioned is the social opportunities it provides for people on Kauai that are very limited unless you're attending bars or other places of gathering. The dog park and the bike path are another really healthy place to meet your people, other people in the community. And like one other speaker said, I encourage you, despite the survey that we're awaiting on, to go ahead and really do something really healthy and good for the community and brings people out together. It...like other speakers said, the tourists love it. I can't go 50 yards with my dog without tourists coming up going, oh your dog's so cute, I miss my dog. They want to pet her. I mean I can barely get my walk in in time without all the people stopping me to pet my dog. So like they said before, it encourages, you know, the interaction with tourists and promoting our island, and if you like our dog park, be sure to check out this park, or another thing. We have opportunities to promote our island with the tourists. And so again, I encourage you to open the path all the way up so we can all enjoy that beautiful coastline of Kauai. Thank you for your time. Ms. Kawahara: Thank you. Okay, anybody else? Seeing no hands, I want to recognize all of the people that came, all of the people that stayed through, and the people that have left for coming out to discuss this important issue in the community. I do...I didn't. realize he was behind me, but I am very happy to see Gary Heu here from the administration, and he has been listening. So we are hopeful, again, that we will be able to get the stuff that we need to move forward. Do my committee members of any councilmembers have any... anything... Mr. Furfaro: This is a public hearing; we shouldn't have discussion (inaudible). Ms. Kawahara: Okay. And with that, nobody else wants to speak, I will close the public hearing for the parks and transportation committee on this bill. This committee is adjourned, thank you. There being no further testimony on this matter, the public hearing adjourned at 3:01 p.m. Respectfully submitted, PETER A. NAKAMURA County Clerk /ao