HomeMy WebLinkAbout 03/27/2013 Council Meeting COUNCIL MEETING
MARCH 27, 2013
The Council Meeting of the Council of the County of Kaua`i was called to
order by the Council Chair Jay Furfaro at the Council Chambers, 4396 Rice Street,
Room 201, Lihu`e, Kauai, on Wednesday, March 27, 2013 at 8:40 a.m., after which
the following members answered the call of the roll:
Honorable Tim Bynum
Honorable Gary L. Hooser
Honorable Ross Kagawa (present at 8:41 p.m.)
Honorable Nadine K. Nakamura
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Honorable Jay Furfaro
Chair Furfaro: I have a few announcements before I look to
approve the agenda. We have a number of items that are on today's agenda with
special visitors from Honolulu on various items and we do have a public hearing at
1:30 p.m., followed up by a request by two (2) Special Counsel Attorneys to be able
to take ES-612 and ES-613 at specified due to their availability. That will be at
1:45 p.m., as well as 2:15 p.m., tentatively. We also have a very full Council
Meeting today and I just want to make sure that we are timely and we expedite our
activities by moving very coordinated today through the calendar. I also
understand that the Clerk may have some items before we move to approve the
agenda. There might be some amendments or revisions.
Mr. Clerk: Council Chair and Members, on page five (5)
C 2013-124 was listed under the Consent Calendar. That item needs to be
considered as part of Communications. It requests Council action.
Chair Furfaro: C 2013-124, thank you.
Mr. Clerk: Can you move that out of the Consent
Calendar? And the other changes deal with the Bills on page eleven (11). There
are two (2) Bills that need to be reworded. The Bills are correct; however, the
agenda was erroneously— there was an error done. The first one is on Bill No. 2474
what needs to change is; it is not "A Bill for an Ordinance," it is "An Ordinance
Amending Ordinance No." Also in that same listing we have referenced to the
"surplus and appropriations estimated in the General Beautification Fund and the
General Fund," it is not the "surplus and appropriations estimated in the General
Beautification Fund and the General Fund," however the new wording should be
"amount estimated in the General Fund and Beautification Fund." We have it
down in writing and we will give it to all the members.
Chair Furfaro: You will be distributing that later this
morning?
Mr. Clerk: Yes, right after we get started.
Chair Furfaro: That is Bills Nos. 2474 and 2475?
COUNCIL MEETING 2 MARCH 27, 2013
Mr. Clerk: Yes, the next one is Bill No. 2475, the same
needs to be done. It is, "An Ordinance Amending Ordinance," instead of "surplus
and appropriations," it is the "amounts estimated in the Debt Service Fund."
Ms. Yukimura: I have two (2) questions; one, have we gotten
a clearance from the County Attorney that this meets the Sunshine Law
requirements of notice? Two, I guess I need an explanation for how we could have a
draft Bill that is an Ordinance to amend an Ordinance.
Chair Furfaro: Mr. Clerk, the first question posed to you,
because I am hearing of this for the first time this morning is if the notification and
clearance of the County Attorney.
Mr. Clerk: We have not had clearance from the County
Attorney's Office.
Chair Furfaro: Is there anyone here from the County
Attorney's Office? Eddie, you are now assigned to find us someone from the County
Attorney's Office for questions from Councilmember Yukimura.
Mr. Clerk: And on the second question regarding the
wording change on the agenda, the wording accurately reflects the actual titles in
the Bill that is included in the agenda and we have not received clearance from the
County Attorney's Office.
Chair Furfaro: For both questions, we have no clearance,
right? Is that what ou are saying?
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Mr. Clerk: Yes.
Chair Furfaro: I would like to ask a question of the Clerk if I
moved to approve the agenda, should we eliminate these two (2) items.
Mr. Clerk: Chair, I believe that we should approve the
agenda as amended and have the County Attorney's come up at some time shortly
and give us an explanation if it is not okay with them.
Chair Furfaro: Okay. Would you see that Mr. Topenio
understands that my request that I just gave him was urgent and he needs to be at
a telephone or he needs to get over to the County Attorney's Office.
Ms. Yukimura: I am still not clear after the Clerk's
explanation, I have never heard of an Ordinance to amend an Ordinance but
perhaps we can give that question to the County Attorney's Office.
Chair Furfaro: That is why I am asking them to come over.
I am asking them for some legal opinions. I am very disappointed that they are not
here when we started this Council Meeting. We are going to take it as amended
III!, right now from your voice vote but we are expected before we get to those items, to
have dialogue with the County Attorney. On those two (2) notations from
Councilmember Yukimura, we are going to move forward with the request to
approve the agenda.
COUNCIL MEETING 3 MARCH 27, 2013
Ms. Yukimura: I have one more request. Could we take
C 2013-107 off of the Consent Calendar also and move it to the regular agenda.
Chair Furfaro: Give me that number one more time.
Ms. Yukimura: It is item two (2) on page one (1).
Chair Furfaro: 109?
Ms. Yukimura: It is C 2013-107.
Mr. Rapozo: Mr. Chair, we have a draft Bill addressing
that item, so the discussion can occur at the draft Bill. This is just the
communication.
Ms. Yukimura: Right. I wanted to make some comments on
the communication if that is alright?
Mr. Rapozo: I have no problem.
Chair Furfaro: I want to make sure I understand, although
Mr. Rapozo has pointed out that the actual Bill comes up later, you would like to
have dialogue on the actual Consent Calendar item and you want it removed for
overall approval at this time?
Ms. Yukimura: Just so that it comes up in the regular
agenda rather than being dealt with all the others on the Consent Calendar.
Chair Furfaro: Your request is understood.
APPROVAL OF AGENDA.
Mr. Rapozo moved for approval of the agenda as circulated, seconded by Ms.
Nakamura, and unanimously carried.
Mr. Rapozo moved to amend the agenda to take out C 2013-107 and
C 2013-124 off of the Consent Calendar and to amend the language on
Proposed Draft Bills Nos. 2474 and 2475, seconded by Ms. Nakamura, and
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unanimously carried.
Chair Furfaro: To the Clerk, the Council agenda today has
been modified as such.
Mr. Clerk: So noted.
MINUTES of the following meetings of the Council:
January 30, 2013 Council Meeting
February 13, 2013 Special Council Meeting
February 13, 2013 Council Meeting
Mr. Rapozo moved to approve the Minutes as circulated, seconded by
Ms. Nakamura.
COUNCIL MEETING 4 MARCH 27, 2013
Chair Furfaro: Mr. Clerk there is a request to meet with you
and Jade on two (2) particular items afterwards but we will move to approve this.
The motion to approve the Minutes was then put, and unanimously carried.
Chair Furfaro: Now, as we have modified the Consent
Calendar, I want to make sure that everybody understood the motions made by
Mr. Rapozo and seconded by Council Vice Chair Nakamura, all those in favor on the
Consent Calendar signify by saying "aye." Is there anyone in the audience that
wanted to speak on the Consent Calendar items?
CONSENT CALENDAR:
C 2013-106 Communication (02/27/2013) from the Mayor, transmitting for
Council consideration and confirmation Mayoral appointee Heath Allen Prow to the
Building Board of Appeals for the County of Kaua`i — Term ending 12/31/2015:
Mr. Rapozo moved to receive C 2013-106 for the record, seconded by Ms. Nakamura,
and unanimously carried.
C 2013-108 Communication (02/28/2013) from the Director of Finance,
transmitting for Council consideration, a proposed Ordinance amending Ordinance
No. B-2012-736, as amended, relating to the Operating Budget of the County of
Kaua`i, State of Hawai`i, for the Fiscal Year July 1, 2012 through June 20, 2013, by
revising the amounts estimated in the Debt Service Fund. (Debt Service Fund -
$2,100,000.00): Mr. Rapozo moved to receive C 2013-108 for the record, seconded by
Ms. Nakamura, and unanimously carried.
C 2013-109 Communication (03/01/2013) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Monthly
Report on Building Permit Information for the Month of July 2012, which includes
the following:
a) Building Permit Processing Report
b) Building Permit Estimated Value Summary
c) Building Permits Tracking Report
d) Building Permits Status
Mr. Rapozo moved to receive C 2013-109 for the record, seconded by Ms.
Nakamura, and unanimously carried.
C 2013-110 Communication (03/01/2013) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Monthly
Report on Building Permit Information for the Month of August 2012, which
includes the following:
III' a) Building Permit Processing Report
b) Building Permit Estimated Value Summary
c) Building Permits Tracking Report
Ali d) Building Permits Status
Mr. Rapozo moved to receive C 2013-110 for the record, seconded by Ms.
Nakamura, and unanimously carried.
II
C 2013-111 Communication (03/01/2013) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Monthly
li Report on Building Permit Information for the Month of September 2012, which
includes the following:
III
COUNCIL MEETING 5 MARCH 27, 2013
a) Building Permit Processing Report
b) Building Permit Estimated Value Summary
c) Building Permits Tracking Report
d) Building Permits Status
Mr. Rapozo moved to receive C 2013-111 for the record, seconded by Ms.
Nakamura, and unanimously carried.
C 2013-112 Communication (03/01/2013) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Monthly
Report on Building Permit Information for the Month of October 2012, which
includes the following:
a) Building Permit Processing Report
b) Building Permit Estimated Value Summary
c) Building Permits Tracking Report
d) Building Permits Status
Mr. Rapozo moved to receive C 2013-112 for the record, seconded by Ms.
Nakamura, and unanimously carried.
C 2013-113 Communication (03/01/2013) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Monthly
Report on Building Permit Information for the Month of November 2012, which
includes the following:
a) Building Permit Processing Report
b) Building Permit Estimated Value Summary
c) Building Permits Tracking Report
d) Building Permits Status
Mr. Rapozo moved to receive C 2013-113 for the record, seconded by Ms.
Nakamura, and unanimously carried.
C 2013-114 Communication (03/01/2013) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Monthly
Report on Building Permit Information for the Month of December 2012, which
includes the following:
a) Building Permit Processing Report
b) Building Permit Estimated Value Summary
c) Building Permits Tracking Report
d) Building Permits Status
Mr. Rapozo moved to receive C 2013-114 for the record, seconded by Ms.
Nakamura, and unanimously carried.
C 2013-115 Communication (03/01/2013) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Monthly
Report on Building Permit Information for the Month of January 2013, which
includes the following:
a) Building Permit Processing Report
b) Building Permit Estimated Value Summary
c) Building Permits Tracking Report
d) Building Permits Status
Mr. Rapozo moved to receive C 2013-115 for the record, seconded by Ms.
Nakamura, and unanimously carried.
C 2013-116 Communication (03/05/2013) from the County Engineer,
transmitting for Council consideration, a Resolution repealing Item Eighteen (18),
Section XVI, Resolution No. 54-91 relating to the twenty-five miles per hour (25
COUNCIL MEETING 6 MARCH 27, 2013
MPH) speed limit along a portion of Iwipolena Road and establishing a new
maximum speed limit of fifteen miles per hour (15 MPH) along portions of
Iwipolena Road, Waimea District, County of Kauai, State of Hawai`i: Mr. Rapozo
moved to receive C 2013-116 for the record, seconded by Ms. Nakamura, and
unanimously carried.
C 2013-117 Communication (03/08/2013) from the Director of Finance,
transmitting for Council consideration, a Proposed Ordinance to amend Ordinance
No. B-2012-736, as amended, relating to the Operating Budget of the County of
Kaua`i, State of Hawaii, for the Fiscal Year July 1, 2012 through June 30,
2013, by revising the amounts estimated in the Golf Fund (Golf Fund, $51,459.00):
Mr. Rapozo moved to receive C 2013-117 for the record, seconded by Ms. Nakamura,
and unanimously carried.
C 2013-118 Communication (03/01/2013) from the Housing Director,
transmitting for Council consideration, a Resolution Authorizing The Filing Of The
Kaua`i County 2013 Action Plan (HOME Investment Partnerships Program) With
The Department Of Housing And Urban Development, United States Of America,
For A Grant Under Title II Of The Cranston-Gonzalez National Affordable Housing
Act (Public Law 101-625), as amended: Mr. Rapozo moved to receive C 2013-118 for
the record, seconded by Ms. Nakamura, and unanimously carried.
C 2013-119 Communication (03/01/2013) from the Housing Director,
transmitting for Council consideration, a Resolution Authorizing The Filing Of The
Kaua`i County 2013 Action Plan (Community Development Block Grant) With The
Department Of Housing and Urban Development, United States of America, For A
Grant Under Title I Of The Housing And Community Development Act Of 1974 and
1987 (Public Laws 93-383 and 100-242), as amended: Mr. Rapozo moved to receive
C 2013-119 for the record, seconded by Ms. Nakamura, and unanimously carried.
C 2013-120 Communication (03/12/2013) from Councilmember Yukimura,
providing written disclosure of a possible conflict of interest and recusal, relating to
Agenda Item C 2013-99, an update on the Keiki to Career — Workforce Readiness,
Comprehensive Economic Development Strategy (CEDS) Project, as she serves on
the Leadership Council for the Keiki to Career Initiative: Mr. Rapozo moved to
receive C 2013-120 for the record, seconded by Ms. Nakamura, and unanimously
carried.
C 2013-121 Communication (03/12/2013) from Council Vice Chair
Nakamura, transmitting for Council consideration, a Resolution Urging the
Governor, the Hawai`i Congressional Delegation, and all State of Hawai`i
Legislators to encourage President Barack H. Obama to select Hawaii as the site
for his Presidential Library: Mr. Rapozo moved to receive C 2013-121 for the
record, seconded by Ms. Nakamura, and unanimously carried.
C 2013-122 Communication (03/12/2013) from the Deputy Director of
Finance, transmitting for Council consideration, a proposed Ordinance amending
Ordinance No. B-2012-737, as amended, Relating to the Capital Budget of the
County of Kaua`i, State of Hawai`i, for the Fiscal Year July 1, 2012 through June 30,
2013, by amending the Budget Proviso relating to projects funded with Community
Facilities District (CFD) Bonds: Mr. Rapozo moved to receive C 2013-122 for the
record, seconded by Ms. Nakamura, and unanimously carried.
COUNCIL MEETING 7 MARCH 27, 2013
C 2013-123 Communication (03/13/2013) from the Director of Finance,
transmitting for Council consideration, a Proposed Bill for an Ordinance to amend
Section 2 of Ordinance No. 891, An Ordinance Authorizing the Issuance of General
Obligation Bonds of the County of Kaua`i for the Purpose of Financing Certain
Public Improvements and Refunding Certain Bonds of the County; Fixing or
Authorizing the Fixing of the Form, Denominations, and Certain Other Details of
Such Bonds and Providing for the Sale of Such Bonds to the Public: Mr. Rapozo
moved to receive C 2013-123 for the record, seconded by Ms. Nakamura, and
unanimously carried.
C 2013-125 Communication (03/15/2013) from the Mayor,
transmitting his Fiscal Year 2013-2014 Budget Message, along with his proposed
Operating Budget and Capital Improvements Projects (CIP) Budget. (Detailed Line
Item Budget on file in the County Clerk's Office.): Mr. Rapozo moved to receive
C 2013-125 for the record, seconded by Ms. Nakamura, and unanimously carried.
C 2013-126 Communication (03/19/2013) from the Director of Finance,
transmitting for Council consideration, six (6) revenue enhancement bills and a
resolution to amend the Fiscal Year 2013-2014 revenues in the following areas:
• Solid Waste Tipping Fee
• Monthly and Annual Bus Fares
• Motor Vehicle Registration Fee
• Motor Vehicle Weight Tax
• Fuel Tax
• Planning Permit Fees
Mr. Rapozo moved to receive C 2013-126 for the record, seconded by
Ms. Nakamura, and unanimously carried.
C 2013-147 Communication (03/21/2013) from Councilmember Yukimura,
providing written disclosure of a possible conflict of interest and recusal, relating
Resolution No. 2013-45, Authorizing The Filing Of The Kaua`i County 2013 Action
Plan (Community Development Block Grant (CDBG) With The Department Of
Housing And Urban Development, United States of America, For A Grant Under
Title 1 Of The Housing And Community Development Act Of 1974 And 1987 (Public
Laws 93-383 and 100-242), as amended, as she serves as the Vice President of the
Kauai Branch Advisory Board of the Boys and Girls Club: Mr. Rapozo moved to
receive C 2013-147 for the record, seconded by Ms. Nakamura, and unanimously
carried.
C 2013-138 Communication (03/20/2013) from the Mayor, transmitting his
Revised Fiscal Year (FY) 2013-2014 Budget Message, to reflect a revision related to
the vehicle weight tax proposed increase and estimated additional annual charge
per average vehicle size: Mr. Rapozo moved to receive C 2013-138 for the record,
seconded by Ms. Nakamura, and unanimously carried.
Y Y
There being no objections, C 2013-107 was taken out of the Consent
Calendar.
C 2013-107 Communication (02/28/2013) from the Director of Finance,
transmitting for Council consideration, a proposed Ordinance amending Ordinance
No. B-2012-736, as amended, relating to the Operating Budget of the County of
Kaua`i, State of Hawai`i, for the Fiscal Year July 1, 2012 through June 30, 2013, by
revising the amounts estimated in the Beautification Fund ($443,715.00) and the
General Fund ($320,479.00). (General Fund — Department of Finance, General
COUNCIL MEETING 8 MARCH 27, 2013
Liability Account - $764,194.00): Mr. Rapozo moved to receive C 2013-107 for the
record, seconded by Ms. Yukimura.
Ms. Yukimura: I just wanted to take the opportunity to point
out that for those who are concerned about our tight budgetary situation in the
County where we are concerned about expenditures exceeding revenues that this
particular situation which is a cover letter to a money Bill that the Administration
is asking us to move funds into an account that will help to pay for a Puhi Metal
Site cleanup. This is for seven hundred and sixty-four thousand dollars ($764,000)
but it is part of an estimated two million dollars ($2,000,000) that would cost the
County to clean the Puhi Metal site. I just want to point out that this situation
identifies one of the causes of our budgetary problems. We are dealing here with
unanticipated cost and liabilities due to poor management of contracts and
operations by the Administration. Because the Solid Waste Division has failed to
properly manage its contract on the Puhi Metals site, taxpayers have to pay a
minimum of two million dollars ($2,000,000). It could be more to clean up the site.
This kind of failure of management oversight is costing the County millions of
dollars. Millions of dollars that we could spend instead to expand the bus, build
affordable housing, or invest in diversifying our economy. This is solely the kuleana
of the Mayor and his Department Heads. This kind of poor contracting and failure
to properly manage contracts is causing many problems for the County. It begins
with how the Administration hires and retains managers and how managers are
trained and held accountable. I have been very pleased with some of the recent
management hires and I hope that the Mayor will address this pressing problem
which I believe is hurting the County.
Chair Furfaro: This item is to receive along the lines that it
will be coming up a little bit later as Mr. Rapozo has pointed out in a money Bill.
The motion to receive C 2013-107 for the record was then put, and
unanimously carried.
There being no objections, C 2013-107 was taken out of the Consent
Calendar.
C 2013-124 Communication (03/15/2013) from the Budget and Purchasing
Director, requesting Council approval to reinstate two (2) County vehicles
previously taken out of circulation:
• #114, License No. CoK 1715, 2001 Chevrolet Pick-up
• #142, License No. CoK 1937, 2000 Nissan Frontier
Pick-Up
Ms. Yukimura moved to approve C 2013-124, seconded by Mr. Bynum.
Mr. Rapozo: I guess I am confused. I am trying to figure
out what happened when we took these vehicles out of circulation. What is the
normal... I thought we auction those things off? Did we store them until we need to
use them again? I have never seen a request like this where we have taken it out
and then now they are asking to bring it back. Where were the vehicles when we
took them out of circulation? What happened? I do not want to prolong this agenda
item, obviously they need the vehicles. It is very old vehicles. Maybe we can move
this and have them come up, Mr. Chair. I think it is a good question because I have
never seen this before. It is a 2001 Chevrolet Pick-up and 2000 Nissan Pick-up.
Maybe Ricky has that answer. Okay, the Clerk has told me that they did not take it
COUNCIL MEETING 9 MARCH 27, 2013
out yet, of circulation. But the posting is clear that "to reinstate two (2) County
vehicles previously taken out of circulation." Can we have them come up?
Chair Furfaro: I think that is a good idea that perhaps a
clear picture for them to be able to manage our assets in a more appropriate way
especially from an accounting protocol process.
Mr. Rapozo: I agree. My concern is if we took those
vehicles out of circulation at some point and these vehicles are still being used by
the County, I am concerned about that. Can we have Public Works or Purchasing
here?
Chair Furfaro: Mr. Clerk do you hear the request? The
request would be for Purchasing to be here to express to us how do we handle item
C 2013-124 as it removes items from our assets and yet without us knowing these
cars went to the graveyard, we do not know what happened to them. We will have
them back.
Mr. Rapozo: Another option, Mr. Chair, is to have it
referred to the Public Works Committee.
Chair Furfaro: Let us see what we can do today.
Mr. Rapozo: Thank you.
Ms. Yukimura: The way I read this memo it seems like the
Roads Division was just following the old procedure retiring cars based on a certain
age. It was caught in the change of policy that the Administration is producing in
this new budget, so it sounds like that is what happened. Perhaps because we have
such a large agenda we should just refer it to Councilmember Kagawa's Committee.
Chair Furfaro: That is another choice but I would like to say
it was very nice of you to make an assumption as an explanation for me...
Ms. Yukimura: It is. It is a guess.
Chair Furfaro: ...but it is a guess and if we can get them
over today, we may have to put a new item on the Committee agenda for
Mr. Kagawa that deals with our process in aging, identifying, miles versus years of
service and that could create a new item. Let us try to get Purchasing over first.
Ms. Yukimura: Thank you.
Chair Furfaro: We will defer this until later.
Mr. Watanabe: Chair, just to be clear, the Consent Calendar
items were all received.
Chair Furfaro: With the exception of those two (2) items.
COMMUNICATIONS:
C 2013-127 Communication (03/06/2013) from Council Chair Furfaro,
requesting the presence of Mr. Scott Matsuura, and Mr. James Pacopac, JS Hawai`i
COUNCIL MEETING 10 MARCH 27, 2013
Consultants, LLC, to provide the Council with an update on the 2013 Legislative
Session to include, but not be limited to, the status of the Kaua`i County, Kaua`i
County Council, and Hawai`i State Association of Counties (HSAC) Legislative
Packages for 2013: Mr. Rapozo moved to receive C 2013-127 for the record,
seconded by Ms. Yukimura.
Mr. Kagawa: Before we start this, I was kind of disturbed
last week with some of our questioning and when we ask a question, we get an
answer, and we continue asking the same question. I think that is a waste of time
and I think it would be best served that we have a long agenda, if we ask a
question, we get our answer, and we accept that answer. Thank you.
Chair Furfaro: Your point is well taken. I would like to
remind everybody twice a month there is a Council Meeting of which I am the
Chairman of and twice a week there are Committee Meetings where various
individuals are the Committee Chairs. The rules pretty much limit me to
reminding people of the rules but your point is well taken and that is a practice I
will follow. We have a full calendar today and let us not find ourselves in repetitive
dialogue.
There being no objections, the rules were suspended.
JAMES PACOPAC, JS Hawai`i Consultants, LLC: Good morning.
SCOTT MATSUURA, JS Hawai`i Consultants, LLC: Good morning.
Chair Furfaro: I am going to give the floor to Mr. Hooser
first because as everybody knows Mr. Hooser is and does quite an adequate job for
us as our Intergovernmental Relations Chairperson and if you do not mind, Mr.
Hooser, you spent time at the Legislature this year, I only made one (1) trip but I
will give you the floor.
Mr. Hooser: The way to start would be to ask you for a
report. Your contract calls for reporting on occasion and gives you certain
responsibilities and obligations. Go ahead and deliver your report and then we will
see if the Councilmembers have any q uestions.
Mr. Pacopac: Your Staff has put together a tracking
report, I think all of you have it in front of you.
Mr. Rapozo: Does it look like this?
Mr. Pacopac: That is the one. Basically, I am going to
have Scott go over the tracking report so you know exactly what this is.
Mr. Matsuura: Basically report ort outlines all the various
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measures that either HSAC generated or County Council generated. It is at least
seven (7) pages long. It outlines the various issues and topics of interest to the
County. If you go to page number four (4) the last two (2) measures; HCR 8 and
HR 8 and on the next page it is HCR 7 are the three (3) Resolutions that are still
alive today. The remaining Bills have not moved forward in session. We are about
three quarters away through the session. These are basically the last three (3)
Resolutions from the HSAC acka e that are still alive.
p g
COUNCIL MEETING 11 MARCH 27, 2013
Mr. Hooser: Thank you for the list of Bills but I think
what we are looking for is a report on what your organization has done for the
County during the session. I believe the contract calls for identifying (inaudible)
measures and actions that may affect the County. So, it is not just HSAC and not
just this list. Basically, just tell us what you have done in terms of preparing
testimony, advising the County, meeting with the County, meeting with Legislators
on the County's behalf.
Mr. Pacopac: In going through the session the tracking
report or the tracking measures that we send to the County and also to the Council,
what it does is it updates you on all hearings prior to the hearing coming up. The
report or the system that we have given the County updates the system every
twelve (12) seconds, it is very accurate. Therefore, we have been working with the
Administration that this report will show them what is coming up and at that point
they are advised and we are advised that they are preparing testimony on the Bill
itself and who is coming up to testify. We assist them in coming up, making sure
that their testimony gets in. At that point, as you know Gary, my role is really to
try and lobby not only in the public's eye but also at later dates when meeting
individually with the individual Legislators, Senators and House members. That is
pretty much my role that I do, is really trying to lobby on the backside to make sure
they understand what these Bills are. As you know, Gary, everything there is about
education in the public hearings, in front of everybody, they do testimonies but
without educating the Legislators, they do not really understand what the
testimony is saying. Our role really is in these issues that are brought to us by the
Administration especially on the package with the HSAC Bills, those are the Bills
that we are trying to educate the Legislators on why we need those Bills — why the
County needs these Bills. That is what we propose and that is what we do. As far
as public hearings, we will testify if the people from Kaua`i cannot fly over or cannot
make the hearings, they will contact us, send us testimony "could you please make
sure that it is heard." That is basically what we have done this session.
Mr. Matsurra: As a matter of clarification, the County and
the Administration have initiated their own reporting system. It was something
that we had worked with this other organization in the past and have brought to
each of the different organizations here. The County has since contracted their own
Legislative tracking system, so we work with that. Initially at the start of session
there were Bills that came from the various Departments, Administration, Council,
HSAC, HCOM and all the various organization at the Council and the County is
involved with. We reviewed the Bills with all the different groups in a matter of
priorities/importance and have since been tracking all of those as they go through
the system, again, monitoring testimony that is going forward and things like that.
If there are any questions from what we understood of the Departments, there is
one (1) person of contact from the Administration and there was one (1) for the
Council that will alert us as to which Bills they would want us to get in there and
work heavily on. That is pretty much how our system is set up. That is principally
our role in the list of processes.
Mr. Hooser: The "tracking" that you are talking about
with these Bills that is the one that you set up for the County? Did you have other
Bills besides this that were on the tracking system that you set up for the County?
Mr. Pacopac: There were over two hundred (200) Bills.
Mr. Matsuura: There were a lot of Bills that we got.
COUNCIL MEETING 12 MARCH 27, 2013
Mr. Hooser: And those got sent to the Council as well?
Mr. Matsuura: In all honesty, I do not know how the
differences are between the Administration and the Council but we did have
separate lists of Bills that came from both organizations and are listed as such.
From what I can tell through the Legislative Tracking System that the Council and
the Administration has contracted with and so as far as the communication between
the Council and Administration, I cannot speak to that.
Chair Furfaro: Let me speak to that, there were a hundred
and one (101) communications from individual members here to the Legislature of
which by contract and there is a legal interpretation that many of us are not happy
with from the County Attorney from 1991 that basically says that we cannot enter
into an agreement with a lobbyist.
Mr. Pacopac: Correct.
Chair Furfaro: I clearly have never been happy with that.
But if you are telling me that you have not seen the material that we have been
sending over, I am very concerned with that because that is well coordinated with
the Administration. You have not seen this?
Mr. Pacopac: No.
Mr. Matsuura: We see the communication that you send to
the Legislature as it shows up on the system by Bill number but we do not get
advance copies of your communication that goes to the Legislature.
Chair Furfaro: Well then we can understand my displeasure
with the County Attorney's interpretation that we have to leave this to the
Administration. I hope that answers some questions, it is not a happy answer but I
hope I cleared the challenge here. I will give you this list before the day is over.
Mr. Hooser: One of the biggest concerns that I have and
is shared by the members was there were a number of Bills this Legislative Session
that attempted to take power and authority away from the County and I am not
aware that our lobbyist for the County participated in any of those discussions on
behalf of the County — a number of Bills. I am not just talking just a couple, I am
talking a whole bunch that would take away the right or authority of the Council to
protect the health and life of its citizens. That was a measure that went through
the Senate and no one knew about it. We would hope that your organization would
have let us known at the minimum about that and a number of the other ones. I
think that is where the big part of the rub is and what complicates matters is one of
your other clients, Syngenta was a primary proponent of many of these measures.
So, you have Syngenta's head person who is on the Hawai`i Crop Improvement
Association lobbying directly against the interest of the County and your
organization represents both and we did not know about that. I think that is the
number one thing, we did not know. It did not seem that from the Council's
prospective and I will speak on my own behalf, from my prospective it did not seem
like we were getting the service... it does not seem like we are getting the services
that the County is paying significantly for. When I look at the contract it says
clearly identify, monitor, and report and this is the first I have heard, it says service
liaison and advocate, prepare for County review and submit legislation
COUNCIL MEETING 13 MARCH 27, 2013
amendments legislation that I have not seen. I know Mr. Pacopac, what you are
saying is that you work behind the scenes, you talk to Legislators and when I was
there, you have talked to me and I know that has a role and I appreciate that role
but that is not what is in our agreement. It further states coordinate discussions
with key Legislators, it is just a whole long list and again these measures, many of
them that significantly potentially impact the County, we "just happened" to find
out about. So, if you want to address those issues and then I will let the other
Councilmembers ask questions.
Mr. Pacopac: Sure. These measures that you are
concerned with, I think all of them have died. None of them are moving through.
As you know when Bills come up when they are first introduced, yes, it does cause a
painful review for the County because it is something very important to the County;
however, as you know Gary, the process takes all the way through to the end. At
first, it may move through one (1) Committee or it may move through one (1) House
but then all of a sudden, the other House is opposed and the Bill dies. I think what
we are looking at here and as you know my role is, I can go ahead and provide you
guys, if you want, to sit in meetings during the day and give testimony and not do
the backroom work. But to me doing the backroom work is a lot more effective for
your County because as I said we need to educate the Legislators. They get
thousands of testimonies and a lot of them do not even read the testimonies, as you
know. Sometimes these Bills take a lot of time for the Legislators to understand
where it is coming from and a lot of times after crossover or coming into... before it
gets to Conference Committees, a lot of them are not there anymore and that is
because we are pushing from the beginning to try to make sure we hold these Bills.
Again, we leave it to the Administration to come and testify because they do have
the expertise in the Administrative Offices and that is why we try to work together
with them. If there was something serious at this point before the Conference
Committees, yes, we would be applying more pressure. The only thing we are
working on is the TAT which is being deferred to the end as we do every year.
There are many proposals of what they want to do again, it is going to be negotiated
behind the backroom to see what the Counties' are going to get again. But as far as
these other important Bills that you are concerned with, yes, we have seen them
and continue to work on them. Like I said if these bad Bills do come out, yes, we
should be doing more because it has not been killed. The concern of the Kaua`i
Council is very important to us but again it depends on if you want us... what I am
trying to say is if you want me to do the road that we let the Administration guys do
which is coming up with the extra guys to talk, we can do that too. I am there in
the hearings but I do not testify if I do not have to. I only testify when there is a
confusion and they are really off base and do not understand what we are trying to
do then I will step up as a testifier to clarify why the Bill is so important to the
County of Kaua`i.
Mr. Hooser: And the question of conflict between one
client that has a different interest? Syngenta clearly was proposing and supporting
along with the Hawai`i Crop Improvement Association and Syngenta is the
President of the Hawai`i Crop Improvement Association promoting measures that
were contrary to the best interest of the County and you represent both parties.
How do you explain? How do you consult both Syngenta and the County and why
did you notify the County?
Mr. Pacopac: As far as Syngenta on that Bill itself, it was
not a priority for them because it was never flagged to us to testify or do anything
on that Bill.
COUNCIL MEETING 14 MARCH 27, 2013
Mr. Matsuura: Can you give me the Bill number?
Mr. Hooser: Actually, it was a whole bunch of them.
Mr. Pacopac: Yes, there were a whole bunch of Syngenta
Bills.
Mr. Hooser: Senate Bill 727, Senate Bill 590, there was a
Bill that passed last year, were you the County lobbyist also?
Mr. Pacopac: Yes.
Mr. Hooser: Okay, there was a Bill that passed last year
that impacts the County's ability to approve building permits that was a surprise to
me and the Councilmembers also. That Bill is still being expended even further in
supportive also of the...
Mr. Pacopac: This year?
Mr. Hooser: I will hold my questions for now and let some
of the other Councilmembers and you can think maybe how you would like to
address Syngenta and the County opposing needs.
Mr. Rapozo: Thank you both for being here today.
Chair Furfaro: Excuse me just a minute, I gave the floor to
Mr. Hooser first because he is the IGR Committee, I did not turn over the meeting
to him.
Mr. Rapozo: Thank you, Mr. Chair. I want to go back to
this tracking sheet and then we can go back to the concerns of Mr. Hooser. Can we
just go down the list and you can give us the status and again this is more for the
public.
Chair Furfaro: I will provide them a list of a hundred and
one (101) communications from various Councilmembers including myself, but I will
let Mr. Rapozo continue with his questions.
Mr. Rapozo: I just want to go through the brief list here,
just so we can get the status. The best way, Mr. Chair, is to take each Bill and then
ask the questions and then move on. The first; affordable housing, SB 552 which
was part of the Kaua`i County package, what is the status on that Bill?
Mr. Matsuura: As shown here under current status, the Bill
It was not on January 22, 2013. t wa t heard in Committee.
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Chair Furfaro: Excuse me, Mr. Rapozo, I am giving you the
floor b ecause you got the HSAC interest but I think Councilmember Yukimura may
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have a question on that subject. Can we recognize her?
Mr. Rapozo: This was not an HSAC Bill, this was from
the Kaua`i County Package. I am just going through the list that you provided.
COUNCIL MEETING 15 MARCH 27, 2013
Ms. Yukimura: Chair, I have a procedural question. I like
that Councilmember Rapozo is going down the list. Can all of us ask questions,
could we go Bill by Bill?
Mr. Rapozo: That is what I suggested that we take a Bill,
open up for questions, and we move to the next Bill.
Chair Furfaro: Let me go back to what I just said, you have
the housing question, she is the Housing Chairman, she wants to ask a question to
follow up on yours.
Ms. Yukimura: After your questions on that Bill.
Mr. Rapozo: I do not have questions based on your
responses because this sheet tells me the current status but let us just start with
the Affordable Housing Bill. That one died?
Mr. Pacopac: Yes.
Ms. Yukimura: Can you give us some insights on why it
died? Because this was a County measure supported by both the Legislative body -
the County Council, and the Mayor. It is extremely important to us because it
could destroy our inclusionary zoning where we required developers to provide
certain amount of affordable housing. Mr. Pacopac, if you spoke to Legislators
about this, did you get any insights on why the Legislature did not pass it, what
objections there were, and who were opposed to it?
Mr. Pacopac: The Affordable Housing Chairman on the
House side, and to bring some light to you folks, that this year the House leadership
and the Committee Chair's have changed. We do have brand new Chairmen and
leadership positions. Gary, you have been there before, you know how that works
over there. This Bill that was sent to the Housing Chair and we have had problems
with her before and a lot of times if I remember correctly on this Bill in speaking
with them, the Housing Chair at that time was not sure how it helps them. They
were just... I guess she did not have enough votes to move it through.
Ms. Yukimura: Who is the Housing Chair that you are
referring to?
Mr. Pacopac: Cabanilla.
Ms. Yukimura: In the Senate?
Mr. Pacopac: In the House.
Ms. Yukimura: But we are talking about Senate Bill 552
which it did not get out of the Senate, I think?
Mr. Matsuura: Senate Bill was not heard because it was
moving in the House. The House had a hearing. Part of the background is that
what these two (2) Bills are referring to was a measure that was passed last year. I
think part of the reasoning behind this was because they wanted to see how the
thing was working. DHHL had requested that they be able to get affordable
COUNCIL MEETING 16 MARCH 27, 2013
housing credits for those lots and that is something they asked for last year. It is
kind of difficult at this point in time because it died early.
Chair Furfaro: Let me say something here. We have a huge
agenda today, members, I gave the courtesy to Mr. Rapozo because he is the HSAC
President for all the Counties'. When we go through these items, if they died, if
they are finished, then we need to move on because we have a full agenda. If it is
still alive, Mr. Rapozo will pose his question and then I will recognize members to
ask questions. We will be going here at this time tomorrow at this rate for a Bill
that already died.
Ms. Yukimura: I agree with your concern of time. Because it
is important to know why Bills died as well as why they are still alive, I would like
to ask the County consultants to give us a written report on each of the items that
died that tell us why they think it died or how we can better make our attempt for
passage next session.
Mr. Pacopac: Sure.
Chair Furfaro: That communication will come from me. We
start with a problem, number one (1) that says from the County Attorney, we do not
have the authority.
Mr. Pacopac: Correct.
Chair Furfaro: We disagree with that and we will pursue
that. As Mr. Rapozo is HSAC President, there are Bills in here that affect all
Counties and that is why I am giving him the floor. Councilmember Yukimura, we
will send that communication over and it is so noted from our Staff.
Mr. Hooser: If the communication could request from our
Lobbyist what actions they took to keep these issues from dying and move forward
as well as why they died.
Chair Furfaro: Yes but my questions will be directed at the
Mayor and his Staff and he will be held accountable to get these answers back from
our communication per the understanding and the interpretation of the County
Attorney. Is that fine with you, Mr. Hooser?
Mr. Hooser: Sure.
Mr. Rapozo: The next Bill is the TAT and I heard you say
that it has been deferred until the end. What is the outlook on that? From what I
understand is that the cap that is in place and will remain in place, is that your
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understanding?
Mr. Pacopac: The issue they are talking about is keeping
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Ili the cap where it is; however, they are reviewing the percentages of what you might
get. I think they were looking at dropping the percentage about eight (8) points.
That was up for discussion. I know Tim, you do not like it but...
Mr. Rapozo: For Kauai?
III�
COUNCIL MEETING 17 MARCH 27, 2013
Mr. Pacopac: No, for the overall. So everybody will take
that same drop according to your percentage but that was the discussion, again, it is
not over. That was just somebody proposing that looking for money. That is why
everything is being deferred until the budget because until they start to review all
the budget items, and they are looking at trying to get money from every avenue,
and so that was one of the proposals. It is not set in stone. It was just up for
discussion. They deferred these Bills again waiting until the end once the budget
comes up. On the budget, knowing how much money there either is going to be a
shortfall or if they have enough, you may retain that cap. But that is where it is
and that is why it is referred to the end again.
Mr. Rapozo: So there is a chance that we could see a
decrease in the TAT?
Mr. Pacopac: That is correct. It is still up for discussion.
Depending on their revenue.
Mr. Rapozo: In your opinion is it a good chance for us to
get a reduction?
Mr. Pacopac: Well like the last time we just tried to keep
what you got.
Mr. Rapozo: Right.
Mr. Pacopac: And this time there was a little drop but we
are still trying to maintain to keep what you are getting.
Mr. Matsuura: The attempt is trying to maintain what the
revenues are that is going to the various Counties. They are adjusting the
percentages based on the total amount of TAT revenue that they anticipate. Again,
I do not think there will be a drop in the dollars, there may be a drop in the
percentage but the overall package ends up the same.
Mr. Rapozo: Because they are also proposing an increase
in TAT.
Mr. Pacopac: That is correct.
Mr. Rapozo: Two percent (2%) that obviously would be
like a revenue neutral.
Mr. Pacopac: That is why we are saying that we do not
know how it is going to fall.
Mr. Rapozo: Okay.
Chair Furfaro: You said eight percent (8%) currently we get
fixed amount, right?
Mr. Pacopac: Correct.
COUNCIL MEETING 18 MARCH 27, 2013
Chair Furfaro: Are you saying eight percent (8%) of that
amount or are you saying eight percent (8%) of the total percentage which could be
fifty percent (50%).
Mr. Pacopac: Eight percent (8%) of the total.
Mr. Rapozo: I would just ask that we closely track that
and keep us updated. I understand it is deferred right now but as soon as you hear
something, let us know.
Mr. Matsuura: The Bill that you are talking about is Senate
Bill 1194, it is deferred in Tourism and now re-referred back to the
Housin g/Finance.
Mr. Rapozo: Okay.
Mr. Bynum: You said earlier the County has contracted
its own tracking system, did I get that correct?
Mr. Matsuura: Yes.
Mr. Bynum: That is news to me. Can you explain that to
me?
Mr. Matsuura: That is what we were told. Like I said, in the
past we provided the services.
Mr. Bynum: I will move on, I will get that answer
elsewhere. James, you said that the money issues are. going to get decided at the
end in virtually one (1) or two (2) days, right?
Mr. Pacopac: During the process of the budget reviews.
Mr. Bynum: And you said it is going to be negotiated in
the backroom.
Mr. Pacopac: Most likely.
Mr. Bynum: Those are the words you said.
Mr. Pacopac: Yes.
Mr. Bynum: I want to say that I am really, really
disappointed about how ineffective our coordination was this year. I am not going
to place any blame for that but I really want it to be better next year. I said when
you guys were here last year, the most important thing to me, myself and I will own
it, but to the Council as well is that we be alerted about any Bills that come up that
attack our traditional kuleana. That is about zoning, building permits, nuisance
ordinances, and things that the County has been... there actually was this Bill 727
that wanted to take out of Hawai`i Revised Statutes (HRS) the language that has
been there for many years saying that the County is responsible for the health and
safety of its citizens. It is just unbelievable. I testified against it and I heard from
the Hawaii Crop Improvement Association that it is not about restricting the
Counties and then I read their own testimony and it made it really clear that they
COUNCIL MEETING 19 MARCH 27, 2013
were pushing this to restrict the Counties and they disparaged County
Councilmembers all over the State in the process of doing that. I have some real
concerns about that. Over the years that I have been here, every year we seem to
do some good and some better and so a lot of this is for the Administration. Few
years ago, Lani Nakazawa was working in the County Attorney's Office and was
assigned to track Bills and that was the best year we had about coordinating
because there was an assigned person at the Administration. This year I feel like I
have been doing it on my own with really good help from our Staff but I have been
alerted about Bills that the Administration was testifying on that we did not know
and vice versa. The reason we have you is because we cannot be there and track all
of those Bills. I am really looking for a much more coordinated effort between the
Administration and the Council. I will not even go into the Federal lobbyist side
where we have been on again/off again, on again/off again with no real explanation.
But you framed what happens at the Legislature. There is no Sunshine there, they
are not applied by the Sunshine Law like every other Board & Commission in the
State is and they can literally and we saw last year put a Bill on with less than two
(2) hours notice and have major impact on the County of Kaua`i. Do you agree with
that?
Mr. Pacopac: Yes, sure.
Mr. Bynum: That is what I really and speaking for
myself, I want to get alerted by those people that are there. In terms of TAT, I
want to spend a little focus on that, and I want to make sure you guys and the
Legislature understand especially the smaller Counties issues. We are entitled to
that TAT, we host visitors here at a very high compared h rate ared to the other islands
p
and so a portion of the de facto population. The Legislature, the way it was in the
past more people pay in the TAT, more visitors, move impact on the County
services, and we get an increase in the TAT cost. Now, that has been capped and so
all of the million visitors who came here that we are hosting and we had a whole
bunch more impact on our Fire Department but no additional funds. Where do
those funds come from? They come from our taxpayers, our people subsidizing
visitors that are coming here because in the last four (4) years not only has our TAT
been capped at the cost of millions of dollars to the County, the property taxes we
collect from visitor industry are down about ten to twelve million over four (4) years.
Chair Furfaro: You need to pose a question.
Mr. Bynum: When we retain the TAT three (3) or four (4)
years ago, no change, when they threatened to take the whole thing. When they
came out of those budget hearings on the last day, there were four (4) Mayors
sitting there that the Legislators had to face, I think we need to know when that is
so there can be seven (7) Councilmembers sitting there outside and holding them
accountable for those last minutes backroom deals that they make without even
allowing the public to have knowledge of it. This TAT is the most important issue
the State seen because the State is saying... is this correct that what the State is
saying is we want to limit further the amount of funds you get from the TAT but we
are going to allow you to do GE or Sale Tax. That is the worse deal possible for the
citizens of Kaua`i...
Mr. Rapozo: Mr. Chair, I am going to raise a point.
Mr. Bynum: ...do you agree? May I continue without
being interrupted?
COUNCIL MEETING 20 MARCH 27, 2013
Mr. Rapozo: I am raising a point of order, Mr. Chair,
3(a)(3) which is your duty to maintain order. We talked before we started that we
are going through the list and ask questions. They are here as resource people for
questions. What I have heard in the last several minutes is discussion. I would ask
Mr. Chair that you hold this Council to what you set that we would ask questions.
Chair Furfaro: It is not what I said, it is in the rule and that
is the reference of the rule you made. You need to pose questions, please. You have
opportunity for discussion when we call the meeting back to order and then every
Councilmember has an opportunity for discussion.
Mr. Bynum: Mr. Chair, these are our Lobbyist and if we
want to ask questions and if I say, then this is my belief, is this accurate, that is
legitimate. If we call the session back to order then they are not here...
Chair Furfaro: It just took us a while to get there, just
please pose the question as such.
Mr. Bynum: What do you suggest we do to make it clear
to the Legislator? When we have this dysfunctional system, will it be significant if
Councilmembers physically show up and hold them accountable in those last days?
Mr. Pacopac: Sure. Again, when they finally come out
with decision-making on how they want to handle their TAT and again you said
four (4) Mayors were there. This year, same thing we may have four (4) Mayors and
as I told you earlier that one (1) of the Mayors has opted to go ahead and take the
excise tax so we do not have solidarity anymore on HCOM and that is Maui County.
You guys can show up and show your support but you still have the other people
who will say, we will take it. Again, we do not know what they are going to come up
with but any type of support and as I told you in a lot of the hearings I have heard
testimonies from Kaua`i County, Councilmember Jay Furfaro and all of these... Mel
Rapozo, all of them came up although you could not fly over but the Chairman does
announce that you are in total support or in against. All I can say is as far as the
TAT, we can alert you once I know where they are moving. I also let the Mayor
know. Once I hear that this is what they are looking at, I can get it to you.
Mr. Bynum: What I was saying earlier is for the citizens
of Kaua`i, you are saying the visitors and industry is not going to contribute
anything to the burden they placed on us on a very high level, is that correct?
Mr. Pacopac: The State is looking for money.
Mr. Bynum: Right and so they want to take our money.
Mr. Pacopac: And they take your money.
Mr. Bynum: And then have us tax our citizens.
Mr. Pacopac: Correct. That is what was one (1) of the
proposals, yes.
Mr. Bynum: To support visitors that is coming here?
COUNCIL MEETING 21 MARCH 27, 2013
Mr. Pacopac: Correct.
Mr. Bynum: Because the State is going to take that
support money. Is it true that those kind of taxes hurt low and middle income
people much more than they hurt wealthier people?
Mr. Pacopac: I would not know.
Mr. Bynum: They are regressive taxes, right?
Chair Furfaro: If you are agreeing with him, you need to
answer for the record, not shake your head because we do not record motion.
Mr. Pacopac: I do not know how to answer that question
whether the taxes would do that to your County.
Mr. Bynum: If you retain you next year to work with us to
coordinate these issues much more clearly?
Mr. Pacopac: Yes and I think as the Chair as mentioned
we do have a communication problem which he seems to resolve before next session.
Mr. Kagawa: Mr. Hooser was talking about the Syngenta
issues and is it confusing for you to decide what is priority and what is not
regarding the Ag Bills. For me, I have no problem with the State Legislature
proposing Bills that affect their oversight, under sight regarding corn farming but
there are other Councilmembers that want to have that control here at the County
level. To me, we do not have the Doctors, Scientists, etc., to take care of the
Department of Health responsibilities or the Department of Ag responsibilities. We
can barely manage our rubbish, our parks, our roads and we want to do more at the
County level? I think it is confusing to me as to what we are asking us to do and I
can imagine you sitting there thinking what we expect because I think for me, your
job is mainly to make sure we get the TAT share back, make sure that ordinances
that the County oversights, such as building permits are very important also, and I
want you to stay on top of those. Is that your understanding?
Mr. Pacopac: When we do this we do have a package that
is sent to us which is supposed to reflect the Council concerns and the
Administrative concerns and those are the priorities that are set for us before we
start the session. I regretfully say that this year we did get started late. Our
contract was not signed until over a month into session. I had no notice to proceed
although I was doing the work already, they were laughing at me and saying "Show
me your notice to precede, James." I could not but again it is an Administrative
problem which we need to correct and that is why we never had a meeting with
Council which we usually have before we start session to try to work out some of
these issues that Tim has brought out again. It was unfortunate because we did
have a late start. I do not know if the Chair can help in resolving this problem with
the Council and the Administration so that we can start earlier, get all your
concerns down, and have a united thing for us so we know exactly what you guys
want and the Administration wants.
Mr. Matsuura: In all fairness to everybody, we did talk
about all of these issues last year, there were communications issues similar to this
year and I think it is an internal thing for all of us to be able to know where
COUNCIL MEETING 22 MARCH 27, 2013
everybody is coming from and maybe sometimes we get caught up in procedures
more than given the opportunity to communicate. It is unfortunate that we were
unaware of some things and I think it is unfortunate that you guys were unaware of
certain things. We talked about all these things the last time but it was never
implemented and again it is short fused issues so it makes it tough.
Mr. Kagawa: Thank you for your work. I want to make
sure that you try your hardest to make sure we get that TAT back.
Mr. Pacopac: Absolutely.
Mr. Rapozo: Tort Liability Bill, SB 554. It is very
important to the County. Set to Sunset this year. I am reading this and it says in
both Senate and House it was referred. Can you give us an update on that? That
was one of the more critical Bills for the County which we called you.
Mr. Matsuura: The tracking report shows three (3) or four
(4) different Tort Liability Bills that were out there.
Mr. Rapozo: This was the one that granted immunity to
the lifeguards that are trying to protect our State beaches and obviously the
personal injury attorney lobby was strong, it has been strong, and they set a Sunset
date of 2014, and we needed to get that removed so we can protect our Counties'
from liability when they were out protecting the State's butts at the State's beaches.
It is a very simple measure and this is not a HSAC package, it was a County
package and all we ask was that they remove the Sunset date so we can enjoy the
immunity. I am reading this update as if they both were referred but I am not
seeing if it was heard or anything.
Mr. Matsuura: There was a similar Bill, House Bill 1024
and I do not see it on this tracking list.
Mr. Rapozo: I do not see the other one on this list.
Mr. Matsuura: There was another Bill, House Bill 1024 that
did get a hearing but again that was another one that did not move. I am not sure
if there is another one that they stuck it into or if they are going to wait for next
year.
Mr. Rapozo: They cannot wait until next year because the
Bill will Sunset.
Mr. Matsuura: I think it Sunsets next year.
Mr. Rapozo: 2014, right?
Mr. Matsuura: Yes.
Mr. Rapozo: For some reason, I thought this had to pass
this year and that is why they deferred it last year because the action had to be
taken this p
you ear but if could follow u . There was also another one that was
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going to allow people to sue... and it is not on here either, I do not think it made our
packages but it would allow people to sue on public lands should they gotten injured
but I am not concerned about that one now. I am more concerned about the beach
COUNCIL MEETING 23 MARCH 27, 2013
liability. I am not sure if this is the same Bill number but the text is correct it
states, "Makes permanent the protection from liability for county lifeguards,
counties, and..." and this is critical as we go into budget because if in fact that Bill
is going to Sunset then I believe the Counties' will have to remove the lifeguards,
our County lifeguards from the State beaches.
Mr. Pacopac: Because of liability.
Mr. Rapozo: And that is the ramification Statewide as I
know from the other Counties at HSAC that it would be a possible ramification that
the Counties would remove their County lifeguards, and County emergency people
from the beaches. I would be very surprise if that did not pass this year.
Mr. Pacopac: We could get that information and run
through the same process that the Chair wants to run and we can add that on to the
list to the Administration and get the results back to you.
Chair Furfaro: We will do as such.
Ms. Yukimura: James and Scott, you are doing work as the
County's Lobbyist as JS Hawai`i Consultants?
Mr. Pacopac: Yes.
Ms. Yukimura: Your consulting firm is hired by Syngenta to
lobby for them?
Mr. Pacopac: Yes.
Ms. Yukimura: When there is a conflict, what is your
process?
Mr. Pacopac: If there is a conflict on a Bill that say the
County is pushing and now Syngenta now is pushing, it has not come up and that is
why I said the Bill that Gary talked about, Syngenta did not approach us that it
was an important Bill for them. We have not pursued that Bill as far as for
Syngenta.
Ms. Yukimura: But if it is our basic lobbying principle as a
County that we do not want Bills that limit local jurisdiction or override local
jurisdiction then we are not talking about a single Bill, we are talking about a
philosophy...
Mr. Pacopac: A whole bunch.
Ms. Yukimura: ...and principle. Part of your scope of
services is to identify, monitor, and report on Legislative measures and actions that
may affect the County or identify measures of interest to the County. Arguably it is
your job to let us know when these Bills come up.
Mr. Pacopac: If we have a conflict, yes. We do but if there
is a conflict, we will notify the Council and also Syngenta that there is a conflict.
COUNCIL MEETING 24 MARCH 27, 2013
Ms. Yukimura: Because as was mentioned, there are many
Bills that are trying to limit the powers of the County.
Mr. Pacopac: Correct.
Ms. Yukimura: They appear to be initiated by Syngenta and
other such companies and so to me if your job is one (1) to let us know and help us
fight it, there is an inherent conflict of interest.
Mr. Pacopac: There would be if we were pursued by
Syngenta to pass the Bill.
Ms. Yukimura: Are either of you attorneys?
Mr. Matsuura: No.
Ms. Yukimura: Because the ethical rules for attorneys are
far more reaching then what you have articulated, you know what I mean?
Mr. Matsuura: I agree. If there is a conflict, we would
inform both parties about the conflict and would go from there. Depending on the
situation and what needs to be done, again, I know this particular Bill that you are
talking about, we had not gotten notice from either party.
Ms. Yukimura: Either the Council or the Mayor?
Mr. Matsuura: Or Syngenta.
Ms. Yukimura: Yes.
Mr. Matsuura: That it was an interest to either side. At
least for us...
Ms. Yukimura: I think what is intended in the wording of
the scope of services though, is that you would tell us. That we should not have to
go looking for it and that somebody like you who are experts in tracking are there at
the Legislature would be able to let us know.
Mr. Matsuura: I agree; however, because the County has
taken on its own tracking system, part of what the contract calls for was kind of
lifted to a certain point and said, "Look, we have our own tracking system now, we
are on top of these things, and we will tell you what we want you to do."
Chair Furfaro: We appreciate that comment but the
tracking system is the Legislative website, Scott. You are telling me about
something I have no idea the Administration has qualified for, has shared with this
Council, I think the point that is coming from Councilmember Yukimura is that
there is a mutual responsibility and ethical responsibility for you folks to be sharing
that information with us. That is our expectation. I will put it in a communication
to the Administration as a concern but more importantly you have responded to the
question uestion as it is some new technology that the Administration has... well share it
with us, we do not know what it is.
Mr. Bynum: Exactly.
COUNCIL MEETING 25 MARCH 27, 2013
Chair Furfaro: And it does not seem like you folks can tell
us exactly what it is. Let us leave that question there because that seems to be a
serious matter between this Council and the Administration. We are tracking stuff
on the Legislative website that is what we are doing. No need for anymore
discussion.
Mr. Pacopac: Got it.
Ms. Yukimura: I think that it is clear that there is a real
confusion about the roles and responsibilities of client and lobbyist and that has to
be clarified. As well as the terms of the timing of procuring your services and the
expectation for discussions beforehand so you understand why these issues are so
important to us and how we are being affected by it. It also does factor in to how we
select our lobbyist which is not a Council's kuleana, that is the Administrative
kuleana but it seems to me that potential conflicts of interest have to be considered
in the selection of consultants.
Mr. Bynum: I heard you loud and clear that you did not
get a notice to proceed until one (1) month into the... who... why not? Do you know
why? Who in the Administration do you interface with?
Mr. Matsuura: Our contact has been through the Office of
Boards and Commissions.
Mr. Bynum: Your contact was administered by the
Administrator of Boards and Commissions?
Mr. Matsuura: Yes.
Mr. Bynum: Last year when you were here, we also had
the Administration here to answer questions and I know we are really jammed
today but we are going to need to follow up on this issue. Again, miscommunication
could be... it is not about placing blame, it is about getting better in the future. I
was not aware that you guys were employed by Syngenta, I have some concerns
about that. Can you tell us what your contract amount with Syngenta is or is that
proprietary?
Mr. Matsuura: I do not think we would like to discuss it at
the table right now.
Mr. Bynum: Okay. I do not know the rules of lobbyist but
do you have to disclose whenever you are testifying on behalf of anyone, right?
Mr. Matsuura: Yes. Our fees show up on the Lobbyist
website as well.
Mr. Bynum: Right, so that is public information.
Mr. Pacopac: That is.
Mr. Bynum: And I do not have to discuss it now but you
answered that question. I mentioned the Building Code Bill and last year they
passed one that said Counties, you have to waive certain permits. We responded to
COUNCIL MEETING 26 MARCH 27, 2013
that. We were the only County that responded to that with our own Legislation,
work with our own Building Code people but it was a Hawai`i Crop Improvement
Association people who came up here lobbying on our Bill to implement that. Last
year we thought we won a victory because they did not exempt the code itself, right?
It said, you do not have to get a permit but you have to follow the code and that is
our position, I think, as a County. Then we find out that there is this Bill that was
almost ready to pass and it had been far down the road to exempt building codes
that say, you can build these structures and you do not even need to follow the codes
that protect citizens but we found that out from the people lobbying for that Bill.
II
Were you hired to lobby on that Bill?
Mr. Matsuura: No.
Mr. Pacopac: No.
Mr. Bynum: Because it clearly was something that came
from the Hawai`i Crop Improvement Association.
Mr. Matsuura: We do not work for Hawai`i Crop
Improvement Association.
Mr. Bynum: You work for Syngenta.
Mr. Matsuura: Yes.
Mr. Bynum: Same/same.
Mr. Matsuura: It is not mutually exclusive... we do not
exactly all the (inaudible).
Mr. Bynum: The President of Syngenta is also the
President of Hawai`i Crop Improvement Association, right?
Mr. Matsuura: Yes.
Mr. Bynum: It is generally that they will have similar
positions, right?
Mr. Matsuura: They may.
Mr. Rapozo: I would ask that we go through this first and
then we will have time to talk about Syngenta and everything else.
Chair Furfaro: I think we talked about this enough unless
people that are asking those questions are buying my dinner tonight. Because we
are going to be here all night and we can certainly put some of these things in Mr.
Hooser's Committee at a future date.
Mr. Rapozo: I also agree that we definitely need to
address this with the Administration because I have a bunch of questions for them.
I apologize for the late notice to proceed, that is embarrassing and I just found out
when you told us. It is like sending a quarterback into the game at the second half.
And Boards and Commissions, why would you go to Boards and Commissions, I
COUNCIL MEETING 27 MARCH 27, 2013
would have no clue. Kauai County Package; Collective Bargaining Unit for
Lifeguards, briefly. Killed? Died?
Mr. Matsuura: Yes.
Mr. Rapozo: Solar Water Heating; Kaua`i County Package
— that died as well, right?
Mr. Matsuura: Yes.
Mr. Rapozo: PLDC Repeal?
Mr. Matsuura: I think the Bill that showed up on this
report...
Mr. Rapozo: And remember when we submit the package,
it is with the Bill that was available at the time when we did the package. We know
how the Legislature work, those things morph and other Bills morph. I think in
general, what is the status on the PLDC action at the Capitol. I understand that a
lot of the Legislators, Senators, and Representatives a like changed their positions
and started to support the Repeal. I understand that they are trying to pass other
Bills that will do the similar thing but just camouflaged with other text and
language but in general, where do we stand with PLDC?
Mr. Matsuura: I cannot find the Bill, I thought I had the
Bill.
Mr. Rapozo: I do not need the Bill number.
Mr. Pacopac: Your Bill...
Mr. Matsuura: I think that issue is still moving.
Mr. Pacopac: But the Bill that you submitted is already
gone.
Mr. Rapozo: That one died but I understand there is other
Bills that...
Mr. Pacopac: The issue has morphed into another one.
Mr. Rapozo: I think for the public's benefit when we
submit a Bill number that is at that time. This package is sent in prior to the
session but in between we submit our package and the time these issues hit the
floor at the Capitol, it could take on different looks, different numbers.
Mr. Pacopac: Exactly.
Mr. Rapozo: But I think what is important for the public
and for us as we understand the concept is still alive, that in fact, there is still
movement at the Capitol that is moving towards the Repeal of PLDC. I know it is
still alive because I was there last week at the Capitol and they had a hearing and
unfortunately I had to leave to catch a flight, so I was not able to stay for the entire
hearing. That is one as well that we should be getting an update. Mr. Chair, I will
COUNCIL MEETING 28 MARCH 27, 2013
bypass the HSAC items at this point, I am more interested in the County's Package
items, if you do not mind. The one that I do want to ask about and I know
somebody told me that they killed it was the uncontested traffic funds. That one
died again? That is one, I guess, that if we could get suggestions... that thing shows
up every year and I think it is a good opportunity to let the public know that the
County receives no money from the traffic tickets. Often times we hear that is why
the cops are out giving tickets to make more money for the County and I think it is
important to understand that the County receives absolutely zero funds from traffic
tickets. What we were asking is uncontested traffic... in other words the people
who just pay the fine, we wanted a very, very small percentage and the State
continues to say no. We are talking about the tickets that the County police give,
the County Prosecutor prosecutes, it never sets foot in a State building and we foot
the bill. This year, we left the percentage blank — let them fill in the blank and they
killed it. I think the public needs to know that we do not get a penny from that and
we are just trying to get it and it is died again.
Chair Furfaro: Mr. Rapozo, to be fair, please pose a
question.
Mr. Rapozo: I am just asking, what is the status? What
do you suggest we do to eventually get that moved?
Mr. Matsuura: This is another one that is all tied into
revenues and that is why it never goes anywhere on the State level.
Mr. Rapozo: That is all I have, Mr. Chair, as far as the
list.
Chair Furfaro: Currently the County receives four point
seven (4.7) million dollars in what is the Public Utilities Tax, and we receive
another three point nine, eight (3.98) million as it relates to Fuel Taxes. There are
rumors that these are being looked at as well by the State to take them from us?
Mr. Pacopac: Correct.
Chair Furfaro: Where do we stand on the Fuel Tax and the
Public Utilities Tax? I mean this is in lieu that the utility company does not pay his
property tax, what is going on there?
Mr. Matsuura: It was another area that the State was
looking for revenue that they went to. It is still an open item. I think it is one that
received a huge amount of opposition from the Counties and I would have to say...
we thought that the utility thing was going to died early but...
Chair Furfaro: It is still alive.
Mr. Pacopac: Yes.
Mr. Matsuura: It is still a revenue issue that they kept
alive.
Mr. Pacopac: They are trying to keep all the revenue items
until the end.
COUNCIL MEETING 29 MARCH 27, 2013
Chair Furfaro: Somewhere along the line you folks need to
convey to the Legislators because I have in my sixteen (16) pieces of correspondence,
if we are willing to maintain improved average rates like for the visitors, we already
agreed to cap our money. Any additional tax on them building the rate already goes
to the State. We are looking at all these champion rates for the average daily rate
in a hotel room tax, our amount is capped and they are the beneficiaries of
marketing. The minute you stop deteriorating the experience on the neighbor
islands and so forth, there is a tendency to pay less for their average daily stay and
maybe even lose some occupancy. They need to realize that this is not found
occupancy going forward. You need to convey to them that I just think this is kind
of a one shot deal because there has been all this pent up demand. Can you convey
to them the importance of this tax to the Counties can you convey to them that this
utility tax is in lieu of us getting any property tax from the utility company? It has
got to be conveyed and I would like to see if you can do it for us.
Mr. Matsuura: We have conveyed those settlements, those
come from the Administration as well and we just have to keep pounding away at it.
Chair Furfaro: Both are alive as we question right now?
Mr. Matsuura: Yes.
Ms. Nakamura: I wanted to go back to a couple of HSAC
items. The County does not have representation on the Employer Union Health
Benefit Trust Fund Board and the Employee Retirement System. The State has all
the representatives and all we are asking, every Mayor, every Council said that we
want to have representation on the Board to protect our assets that go into those
funds. Where are we on those two (2) sets of Bills?
Mr. Pacopac: They both did not make it.
Ms. Nakamura: They both died, okay, again we would like to
have some follow up on what you folks did about it, what went wrong, and why this
continues to be a problem when there seems to be, especially from the Counties a
unanimous support.
Mr. Pacopac: I think we could add that to what the Chair
would be sending to the Administration and we can get that information to you.
Mr. Hooser: Who is your regular contact with the
Administration?
Mr. Matsuura: Paula.
Mr. Hooser: How often do you communicate with Paula?
Mr. Matsuura: It depends. Sometimes daily... just depends
on the different issues.
Mr. Hooser: Do you believe it is your responsibility under
the contact that you inform the County when there are Bills that would impact the
County that are not HSAC Bill... it is not on this list, other Bills... is that your
responsibility?
COUNCIL MEETING 30 MARCH 27, 2013
Mr. Pacopac: Yes.
Mr. Hooser: And you have been doing that?
Mr. Pacopac: Yes.
Mr. Hooser: Did these other Bills just fall through the
cracks?
Mr. Matsuura: I suppose.
Mr. Hooser: Thank you.
Chair Furfaro: I will be sending over a question to the
Administration because in the past the liaison was Mr. Heu as the Executive
Assistant to the Mayor. That has changed, I think, we got to really have someone
that is even sitting in the Office next to the Mayor, because these things move so
quickly. When did that change?
Mr. Pacopac: I think it always was...
Chair Furfaro: No, it was not always.
Mr. Pacopac: Maybe two (2) years now.
Mr. Matsuura: We have always worked with Paula.
Mr. Pacopac: For the last two (2) years. I think it was
John before that.
Chair Furfaro: I will try to get some clarification. I think it
should be multiple people to tell you the truth.
Mr. Pacopac: Just do it early.
Chair Furfaro: Members, questions? Can I secure a date
that you will be back to the Council because I understand that by contract there are
two (2). I believe it is going to be May 8.
Mr. Matsuura: I think that was the date. There was already
a prescheduled date from what I understand.
Chair Furfaro: You think it is May 8?
Mr. Pacopac: Yes.
Chair Furfaro: Gentlemen, I will copy you on my
correspondence to the Mayor. I want to thank you and I will open it up for public
comments.
GLENN MICKENS: I agree with Tim and all Councilmembers
that one of the most important issues that these two (2) consultants should be
fighting for with the power that they have is our TAT money, specifically with
HRC 4, SR 3 and SC 3. I do not quite understand, it seems repetitive some of these
COUNCIL MEETING 31 MARCH 27, 2013
numbers. Each year we sweat this issue and wait to see if we will retain the
millions we get from the TAT. Hopefully we can get a Bill passed that will make
our share of the TAT a permanent one and not have to continually fight for it.
There are a lot of very important issues on this measure tracking report and I
believe that the public in particular needs a lot of clarification on these issues. You
can probably ask about ninety (90) somewhat percent of the people on this island
about this thing and I do not think they will be familiar with it. I know I am not. I
try to stay on top of it but it is impossible. I think the public needs more
clarification, more education on what is actually going on. I guess these gentlemen,
I presume they are doing the best job they can but when something gets killed over
there, it seems to be beyond their power. It just seems that we should have more
leeway on what is going on.
KEN TAYLOR: It is really disappointing here today to hear
that within the internal workings of the County, we have a serious problem, What
goes on at the State level moves so rapidly that we cannot afford these kinds of
miscommunications and this is one of the reasons I have always been supported of
changing our structure of government to a management type of government because
of this kind of activity would not have taken place under those circumstances. I
really think that as we move forward that each of you have to seriously look at
moving forward with some changes in government structure and to eliminate this
kind of activity year in and year out. Thank you.
RICH HOEPPNER: Mel, your question about the PLDC, I was
over last week and testified and the Bill that is going forward is House Bill 1133. I
testified on that because that particular Bill repealed HRS 170-1(c) which was Act
55. There were seven (7) words that repealed that Bill but the rest of the Bill is
nine (9) pages long with statutory material that is almost identical to what was in
Act 55. You were right, it is a rehash of Act 55 putting... Senator Solomon
demanded that the three (3) people on the PDLC; the CEO, the Planning Director
and the Planning Specialist were transferred over to DLNR. So, you got three (3)
people and all their material that is transferred to DLNR and DLNR is given in
those nine (9) pages of statutory material, they are given the same powers that
PLDC had with some exceptions. They eliminated some of the language but I just
wanted to clarify that for you that are what is happening to PLDC right now. Thank
you.
SANDY HERNDON: Good morning. I have a question that I
would like for you to put forth as part of your request for the information from this
company that seems to be representing both entities. I do not know how other
people define conflict of interest but I think for the County's sake, we need to know
how they define conflict of interest and that has to be part of that information that
comes back to us. Thank you.
Ms. Nakamura: I just want to say that your testimony is well
taken and I think that we need to look very closely at future contracts and ensure
that a conflict of interest provision is included. Thank you very much.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: I want to let you folks know that I will also
be sending over to the County Attorney this January 23, 1991 interpretation of the
Council's role versus the Administration's in hiring a Legislative Coordinator and/or
COUNCIL MEETING 32 MARCH 27, 2013
a lobbyist. I would like to get some more clarity in those questions. I will be
sending those over.
Ms. Yukimura: I would like to ask Chair and IGR Chair if
we can have scheduled a conversation with the Administration as soon as possible
to ask questions about the management, the retention of these consultants, and
also the communication and process for both getting and giving information.
Chair Furfaro: I want to let you know that I did mentioned
Mr. Hooser's Committee and what I would like to do is I would like to get some
communication and interpretations on this legal opinion so that we have it when we
meet with them in Mr. Hooser's Committee.
Ms. Yukimura: I think we should get a County Attorney's
opinion on that. I believe it is... if it says that the Council cannot hire a Lobbyist, I
believe that is inaccurate because I think part of this job of this Council is to lobby
on issues that we feel are important. That is within the scope of our responsibilities
and we should be able to hire our own Lobbyist, if we want to. I think it is very
important to get that opinion clarified or we revoked one way or the other.
Whatever the opinion may be, I still think we will need to have this conservation.
When it happens, I do not mind waiting for a response from the County Attorney's
but I do ask that it be done within the first six (6) months of this year. One (1), so
we are still fresh in terms of what has happened in this session and two (2), we are
way ahead of the curb in terms of planning for the next session.
Chair Furfaro: I am obviously in agreement with you
because I dug this out. I do not agree with you on the date. I would like to have
some interpretation back from the County Attorney by May 8 when our Lobbyists
are here and we can address those particular questions.
Ms. Yukimura: That works well for me.
Mr. Hooser: I want to say I am furious but I will say I am
disappointed. As much I am tempted to focus on the people that the Lobbyist firm
that the County hired, I believe that ultimately it is the management of the Mayor's
Office and Administration that is responsible for this. I know it is a complicated
process but we paid sixty thousand dollars 60 000- for four (4) months worth of
p P Y ($ ) ( )
work and I do not believe we s of the... near the value. Worse than that bad things
g
can h app en and bad thing s may ha pp en as Bills go through that were not being
monitored or addressed properly. It is just very disappointing in the quality of what
I would expect and I think it is very clear that one of the main responsibilities are
p Y p
to monitor Bills and report any measures that impact the County and at least ask
the County's position on those issues. I do not believe that was done and the
conflict of interest between S n enta and the County is clear but the
Y g Y
responsibilities are to report and give people a heads up. In the Legislative process
sometimes you do not want to give somebody else a heads up, so to be in a position
of having to consult with two (2) entities and give advice to two (2) entities that
g ( ) g ( )
have possibly contrary positions, values, and desired outcomes, I think is just
inherently a conflict. One of the bi gg est iss u es o f the ea r that i hi s Council before
I
was elected, participated in and we passed a Resolution on and it has been in the
newspaper almost every day, the PLDC Repeal is being scheduled for tomorrow.
Tomorrow in the Ways & Means Committee for a vote and it could be passed up to
the Governor's Office immediately and so that was one of our priorities and it is on
top of the news and I was surprised that our consultants were not aware of that as
p p
COUNCIL MEETING 33 MARCH 27, 2013
well as some of the other issues. I look forward to having additional discussions in
my Committee as well as a response to your communication as well.
Mr. Kagawa: I would like to disagree with some of our
Councilmembers. I feel like I have known Mr. Pacopac and Mr. Matsuura for over
twenty (20) years as I worked here for the County Council. They have many various
contacts at the State Legislature and to be lobbying for us for sixty thousand dollars
($60,000) and they are going for our continued thirteen million in TAT to me is a
small price to pay. With the State economy, the way it is, we have to make sure
that we have experience people with various contacts in there such as our Vice
Senate President Ronald Kouchi, who is close with Mr. Pacopac. I think it is a very
wise investment for us to have them as our consultants. I applaud the
Administration for keeping their employment. Should they be representing us
regarding Bills that involves Syngenta or the Corn Seed Companies, etc.? No. But
regarding their other lobbying efforts, I do support their continued success for the
County. They have been successful for us last year and I am hopeful that they will
be successful again. A lot of these negative comments we are hearing at the County
level regarding the State hearing these Bills that involve the Corn Seed
Companies, it is a Legislatures job to put worth controversial issues and it is their
job to listen to both sides and to make a decision based on what the public wants. It
is their job to hear it. We here get offended when we see Bills that we think are bad
or good. I have not prejudged Corn Seed Companies, they followed the Federal laws,
they follow the States law before them, and those are the agencies that have the
expertise in those areas. We do not have those doctors to make those decisions
whether they are causing our environment and making our people sick. Again, I
just want to thank Mr. Pacopac and Mr. Matsuura.
Mr. Bynum: I think it has been pretty clear I have been
critical of the State Legislature and the lack of Sunshine there and I will continue
to do that because every year I see glaring examples of highly inappropriate
legislative practices. When you can put through a Bill like the PLDC last year that
exempts the Counties from authority we have had for many years and that can
happened in one and a half hours without any notice of awareness of anyone, there
is a serious problem. I think the Legislature should apply the Sunshine Law to
themselves the way that they apply it to us, to every Board & Commission in the
State. They are going to say the way we operate, we would never get anything
done because we only got to do it in three (3) months, yes, if they had to do six (6)
day's hearing, like we do, six (6) days notice to the public, it would impact their
work. They could meet year around like we do because the work of the people does
not only happen in three (3) months. I am very concerned about the lack of
coordination this year and I am not going to point fingers but we got to do a whole
lot better job. When we ask about the PLDC that this Council passed a
unanimously Resolution in opposition, probably one of the biggest issues in the
State last year, and we ask our Lobbyist today what is the current status, they start
looking through papers and say, "I think it is still alive." That is of great concern.
And when I see an industry that has incredible power and access that I do not have
as your elected official, I think we should all be concerned about that. To the
Administration, let us work together of doing a better job of coordinating these
legislative activities. It happens to happen when we are in the middle of budget
and a lot of really pressing matters but the Legislature has had significant impact
on the people of Kauai over the last few years. You are paying more of the burden,
taxpayers of Kaua`i, to manage our County because the State Legislature comes in
and changes long traditional financing arrangements because they are hurting.
They should not pass the buck to us and make us have... suddenly have a crisis in
COUNCIL MEETING 34 MARCH 27, 2013
our County's budget and then say to us, "go ahead and tax your people with more
sale tax or more GE tax." "We are going to take your money but County, you go out
and you raise the taxes on your local people." Yes, we need to do a much better job.
Ms. Yukimura: I want to say that I am disappointed by the
conversation today. I concur with Councilmember Kagawa that the TAT is very
important but our package did consist of more than the TAT and there are many
important Bills such as the PLDC Bill but even the Housing Bill which would take
away our ability to provide affordable housing for our island and our County. I
think we need to ask for more from our consultants and it is right now in the hands
of the Administration to manage this contract, again, which is something that does
not appear to be done well right now. I also want to say a conflict of interest is
inherent in some of the issues that we are dealing with. I do not see how it can be
operational so either we have to look at hiring consultants that do not have the
conflict of interest or asking the present consultants to remove the conflict of
interest. I am also thinking that in our Legislative Package, we need to not just talk
about specific Bills but about certain kinds of Bills that we need to track and follow
and maybe we have to put it in terms of County interests that need to be protected.
As we have seen they can show up in all kinds of forms and it may give better
guidance to our consultants.
Mr. Rapozo: I just like to focus on things that we can
control because we do not control Sunshine Law unless we propose to change the
Law. I agree, that law that exempts the Leg from the State Representatives from
Sunshine, I think is flawed and that needs to be changed. I thought Mr. Souki was
going to entertain it until he realized that it was going to affect them tremendously
and that had gone away. My concern right now is about the management of the
contract and the fact that and it was the first time I heard today about a tracking
system. I know we did not fund a tracking system, so I have no clue what that
tracking system is except the one that Mr. Furfaro talked about which is on the
Legislature's website which is what we use. I am not sure where that came from
and we definitely need to ask the questions. The other question is what happens
when the Council and the Administration does not agree on an issue? What
happens on the issues that made the Council Package but not the County Package
because the Hawai`i Counsel of Mayor's disagree? You remember last year, the
Mayor did not support the TAT, preservation action and that was last year. This
year, they did but there was a Solar Bill that passed the County Councils Package
but it did not make the Mayor's Package, how does that work in relation to our
lobbyist. So, there are a lot of things that need to be cleaned up. The delay in the
{ contract is unacceptable. I think back on all of the Council's initiatives, do you
remember correctly at the last budget, it was the Council that encouraged the
Administration to get the Lobbyist. It was the Council that said we need a
Lobbyist. I am just thinking every initiative we have put forth whether it was a
Planning Investigator, whether it was a Lobbyist, or the Geological Study of Salt
Pond, all of the Council initiatives that go across the street, do not happen. Think
about it. That needs to change and that is the frustration. The Lobbyists are here
today, they get a late start and if you understand the Leg and how they operate, you
got to get an early start. You cannot start late. I am embarrassed for them and it is
tough, I know. What do we control? The conflict of interest issue has to be
identified in the contract. It has to be spelled out in a contract if there is a conflict.
I do not think, if you were to limit every Lobbying Firm in the State to represent
only you, we could not afford it. That is the reality of life. You are going to have
firms that have opposing clients but there has to be a structure set up in that
contract like any attorney firm that you would set up a wall. It is going to be very
COUNCIL MEETING 35 MARCH 27, 2013
difficult to find a firm that is going to say, "okay County of Kaua`i, we will only
represent you." Because some of our Legislative desires maybe competing with each
other as well, it maybe in some fashion so to say one (1) Lobbyist cannot represent, I
do not think it is practical in today's world, not the way the system is set up. I
definitely agree that when we hire a Lobbyist, that the Lobbyist needs to act in the
best interest of the Council of the County. That needs to be spelled out. If there is a
conflict, there definitely at the minimum needs to be disclosure. There needs to be a
disclosure and prior to the contract being written saying if there is a disclosure than
the County has an opportunity to get out of the contract. Something has to be done.
For those of us who have participated at the State Capitol it moves fast and it
changes by the second that is why it updates every twelve (12) seconds on the
website because that is how often things change. The ability to gut and replace
Bills, something that I think is detrimental to all of us citizens here in the State, so
definitely some work to do, Mr. Chair. I am hoping we will get the Administration
up here to explain some of these questions as far as the contract is concerned. This
is déjà vu through these discussions, last year as well. We just never seem to get it
right.
Ms. Nakamura: I agree with all of the comments made here
and we need to take a look at this further but also it is a systems issue within
County Government to get a better system in place and better information flow. I
think one (1) of the key pieces missing that I see is from the Departmental level.
What are the top two (2) or three (3) priorities because there is a gap, we are getting
that information in the course of the legislative session rather than up front and I
think we need to be tracking it much more comprehensively than what we are
doing now. I look forward to that discussion in your Committee, Gary.
Chair Furfaro: Members, as I mentioned I dug out the 1991
piece and sent it over to the County Attorney for some interpretation on these roles.
I agree there are some problems in the system but the bigger problem that exists is
the word urgency if we know we got to execute something at a certain date. This is
not a first piece from us but the word here is urgency. I am also concerned with the
notice to proceed and how long it has taken but I did correspond to the Lobbyist
telling them that they had to be here by the end of May. Certainly before we end
our budget session. Another concern for me is dealing with the TAT tax, that is
thirteen million dollars ($13,000,000), dealing with the franchise tax, the public
utilities tax. Between those four (4) taxes, that is twenty million dollars
($20,000,000) that we count on every year to operate our County; four point three
(4.3) in the franchise tax, three point nine (3.9) in the utilities tax, thirteen million
dollars ($13,000,000) on the TAT tax. Without it quite frankly it is a very bleak
picture for us to function forward. We will get some interpretation back, Mr.
Hooser, and we will put something in your Committee in the very near future.
Hopefully, we can work through these things. JoAnn, I always try to keep myself
last and you are always having a way to raise your hand at the end.
Ms. Yukimura: I just want to say in response to
Councilmember Rapozo that to my knowledge I do not think law firms set up walls.
If there is a conflict, they do not take the case. The only place where walls are set
up, I believe, is in the County Attorney's Office which is a unique kind of situation
because it is a government agency that represents a lot of different entities. Thank
you.
Mr. Kagawa: We are just assuming here that a conflict is
involved with Syngenta and the County of Kaua`i. The County does not regulate
COUNCIL MEETING 36 MARCH 27, 2013
agriculture and the Department of Health. I am just troubled that we are making
this link and there is no link. It is the State's responsibility. The County's
responsibility is not regulating the Corn Seed Industry.
Chair Furfaro: I am going to be sending over to Boards &
Commissions one hundred and one (101) copies of testimonies from seven (7)
individual members to make sure that they have it and we can incorporate it in the
Bills that have died as certainly red flag items for the next time around. There is a
big question here not that we are promoting ourselves as what is known as the
separate kingdom but certainly we do believe in our island and we need to take a
different approach to stewardship and we are selected to the people for that
purpose. So, there is a lot of dialogue and we just got to see what we can mutually
agree on and go forward from there.
Mr. Rapozo: Chair, as you send your communication over
as a follow up of these items, I would ask that we have a list of the State Legislators
that voted on those measures to kill. I want to know which Legislators and more
specifically to the ones that this Council supported.
Chair Furfaro: I will send a communication to the State
Clerk's Office and in fact as for the voting records as such.
The motion to receive C 2013-127 was then put, and unanimously carried.
Chair Furfaro: I would like to take the item that we
deferred with a couple questions for Lyle and this is on the rehabilitation of a
couple of vehicles. Keep it short and we will decide if it will go to Committee or not
and then I will turn the meeting over to Vice Chair Nakamura and we are going to
take the item on the Sports Fields.
C 2013-124 Communication (03/15/2013) from the Budget and Purchasing
Director, requesting Council approval to reinstate two (2) County vehicles
previously taken out of circulation:
• #114, License No. CoK 1715, 2001 Chevrolet Pick-up
• #142, License No. CoK 1937, 2000 Nissan Frontier
Pick-Up
Ms. Yukimura moved to approve C 2013-124, seconded by Mr. Bynum.
Chair Furfaro: Lyle, thank you for coming over. We wanted
to get some clarification here on these vehicles that are being reinstated to the auto
inventory and from there we will get an idea of if we will move on this
communication or if we are going to defer to Committee. Could you first help us
understand, these cars were put on what was going to be a list of vehicles that
would than, I assume, come up for sale to the public removing all the identification
and then a salvage credit would then be put into that auto allowance. If not, what
made us rethink that these vehicles could proceed another two (2) years and I hope
I helped you understand what I am looking for here.
There being no objections, the rules were suspended.
LYLE TABATA, Deputy County Engineer: First, to go through the process.
When vehicles are slated to be replaced via our annual ordinance, the vehicles are
selected and will be removed when the new vehicles arrive. We have recently gone
through a reorganization of the Roads Division of Public Works and we find in our
COUNCIL MEETING 37 MARCH 27, 2013
efforts also to move projects forward. Vehicles that are slated or have been removed
previously need to be reinstated. We have hired a Principle Project Manager to help
steward our island wide resurfacing program and we also have other initiatives one
of which was the storm damage, we hired another Project Manager. We need to
have these vehicles so we can have our people expedite our program. In the
meantime, we have vehicles coming in also to replace these and so need this top
gap.
Chair Furfaro: So, these two (2) vehicles will continue in the
active inventory, I assume they were renewed for licenses, fees, and so forth?
Mr. Tabata: Right.
Chair Furfaro: And you will continue to use them based on
some assessments you have made on project management?
Mr. Tabata: As we need to keep moving projects forward
and we have taken your advice and hired these project managers based on project
funding available, we need vehicles for them to get around and follow up all the
work.
Mr. Rapozo: Were these vehicles not taken out of
circulation?
Mr. Tabata: They are and we need them to get parked
right now (inaudible).
Mr. Rapozo: When were they taken out?
Mr. Tabata: I need to get back with the exact dates.
Mr. Rapozo: That was my question is when we take them
out of circulation, what do we do with these vehicles?
Mr. Tabata: They are parked. The process is that they
are parked and they are transferred to a holding facility which is presently is
Honsador and then when we have enough sufficient then we do the public bidding
process.
Mr. Rapozo: Auction?
Mr. Tabata: Auction, yes.
Mr. Rapozo: And how long, you do not know? Was it more
than a year ago, two (2) years ago?
Mr. Tabata: I have to get that information.
Chair Furfaro: Mr. Rapozo, maybe Steve, the Finance
Director can answer that question.
Mr. Rapozo: Somebody needs to answer that. My
question is if you are going to put a car in a lot for two (2) years, three (3) years for
an auction...
COUNCIL MEETING 38 MARCH 27, 2013
Chair Furfaro: I understand your question but I want to
find the best person.
Mr. Rapozo: Well, whoever can answer it. I do not know
who can answer that question.
Chair Furfaro: Ernie, can you answer Mr. Rapozo's
question? We are talking about retiring inventory, how do we go out for auction,
and what do we do with the salvage credit?
ERNEST W. BARREIRA, Budget & Purchasing Director: We normally
conduct an annual auction of all property and inventory in the County that has
been determined as no longer needed. That has some assumed value and once that
is conducted all venues are treated as normal government revenue under the
control of the Director of Finance.
Mr. Rapozo: Are you aware of the communication on
today, the two (2) vehicles that are being... the request is to bring it out of... I guess
it was taken out of circulation?
Mr. Barreira: Yes, I authored that communication.
Mr. Rapozo: When were those vehicles taken out of
circulation?
Mr. Barreira: I believe two (2) years ago.
Mr. Rapozo: Two (2) years ago and we are supposed to
have an annual auction?
Mr. Barreira: Yes.
Mr. Rapozo: And we never had one (1)?
Mr. Barreira: We are not bound by law but under normal
procedures, we normally do.
Mr. Rapozo: Okay.
•
Mr. Barreira: We had manpower challenges last year and
deferred to this summer.
Mr. Rapozo: Okay. An d t h ese vehicles are low mileage,
,
accordingly to what I am readin g, it just says in good operating condition, low
mileage and maintenance costs?
Mr. Barreira: Yes, sir.
Mr. Rapozo: And Lyle, the reason that we need these two
(2) vehicles is because we hired two (2) more people?
COUNCIL MEETING 39 MARCH 27, 2013
Mr. Tabata: Project Managers, yes. Project funded
positions which was dollar funded previously.
Mr. Rapozo: That funding comes out of the project
budget?
Mr. Tabata: Yes.
Mr. Rapozo: How many other vehicles do we have out of
circulation?
Mr. Barreira: I could not tell you off hand but I can get you
that information.
Mr. Rapozo: Is it more than ten (10)?
Mr. Barreira: If we include buses?
Mr. Rapozo: Whatever we have.
Mr. Barreira: I would say that it a safe answer but I could
get the specifics for you, sir. One of the things this touches on Councilmember
Rapozo, was touched on by the Mayor in our Budget Message, where we are trying
to identify ways to defer purchasing of new vehicles. If we can expand the life of our
County fleet based on low mileage, and the fact that we have a vehicle that is not
posing any dangers to the County employees or members of the public, this may be
an effective strategy to bring down our debt service requirements that are involved
when we purchase new vehicles.
Mr. Rapozo: I understand that and that is a great concept
but this is the dilemma. You guys come to us two (2) years ago and say, "okay, we
do not need two (2) vehicles and so let us take it out of circulation." You get new
vehicles to replace those two (2) vehicles and then you come back two (2) years later
and say, "okay, we need to two (2) back." So, now we have two (2) more vehicles in
fleet. We are not accomplishing the goal or the mission of the ordinance. The whole
ordinance was one for one, right? So, it is kind of weird to me that we would take
two (2) out of circulation and store it, leave it there to rot... so, you get your
replacement vehicles because that is what the ordinance says, "you get a new
vehicle, you replace an old one." Which makes a lot of sense and then a few years
later, you come back and say we need those back. What we were at a net zero, we
are plus two (2) again. I think that is my concern.
Mr. Barreira: We are plus two (2) Councilmember Rapozo,
but that is because compared to two (2) years ago, the nature of our operations
mandated the manpower increases that occurred and they have vehicular needs.
What we have done although we have two (2) vehicles back in service is we
eliminate, while we will still have the maintenance, fuel, and related costs, we have
eliminated the need to purchase new vehicles and I think that is what our intention
is what we are trying to achieve in this plan.
Mr. Rapozo: Okay. Thank you.
Chair Furfaro: Anymore questions on this item before I look
to approve this item.
COUNCIL MEETING 40 MARCH 27, 2013
There being no objections, the meeting was called back to order, and
proceeded as follows:
The motion to approve C 2013-124 was then put, and unanimously carried.
Chair Furfaro: Mr. Rapozo, I will be sending over a
communication to Purchasing to reconcile the number of vehicles we have in the
Base yard that are yet to be auctioned that we can take a salvage credit on.
Mr. Rapozo: Exactly, I want a list of all the vehicles
including the Police because I see a lot of those old police cars in the back of the
station, the buses, whatever we have and I also want to see what the value is. Those
are the kinds of things that we got to take advantage of in the tight budget, you sell
the cars.
Chair Furfaro: I do not disagree with you and we will send
that communication over and if there is further action after we get the list, I will
put it over in your Committee.
C 2013-128 Communication 01/ /
( 03 2013) from Council Vice Chair
Nakamura, requesting the presence of Diane Zachar y, President & CEO of Kaua i
Planning & Action Alliance, and Glenn T. Kimura, President of Kimura
International Inc., to provide a progress report and update on the Waimea
Sports Complex, Comprehensive Economic Development Strategy (CEDS)
Project: Ms. Nakamura moved to receive C 2013-128 for the record, seconded by
Mr. Rapozo.
There being no objections, the Council recessed at 10:50 a.m.
The Council reconvened at 11:00 a.m., and proceeded as follows:
Chair Furfaro: As stated before the recess, we are going to
take item C 2013-128 that deals with the report on the feasibility on the Waimea
Sports Complex. We do have people signed up, am I correct?
Mr. Watanabe: Yes, we do.
Chair Furfaro: If there is anyone that wants to speak on the
item, please come up and sign up. I am going to turn the meeting over to the Vice
Chair and you can take it from there.
Chair Furfaro, the presiding officer, relinquished Chairmanship to
Ms. Nakamura.
Ms. Nakamura: Thank you all for patiently waiting for this
presentation. We have some representatives who worked on this project. I want to
ask you to introduce yourselves and explain about George Costa's situation.
There being no objections, the rules were suspended.
DIANE ZACHARY, President & CEO, Kaua`i Planning & Action Alliance:
We were contracted by the Office of Economic Development to oversee this project.
Normally George Costa who is the Director of the Office of Economic Development
COUNCIL MEETING 41 MARCH 27, 2013
would be opening the remarks but he is stuck because of the road is flooded and he
cannot cross the road. He has been delayed and maybe he will come before the end
of our presentation but I am not sure. This is one of several projects that were
funded to look at specific job clusters in the CEDS report. This specifically
addressing the Sport and Recreation job cluster. We were funded to develop a
Master Plan for the Waimea Sports Complex and at the same time to take a look at
what the economics of such a complex would be so that we could understand
whether or not it would be feasible to do. We formed a steering committee
comprised with a number of people in the Waimea community. People from
business, from education, from community members themselves and you will hear
more about them in a little bit. They have provided terrific guidance for this
particular project. We hired Glenn Kimura of Kimura International who is here
with us and he will introduce his subcontractor to do this study for us. He has done
a terrific job working very closely with us and with the community. With that, I am
going to turn it over to Glenn Kimura.
GLENN T. KIMURA, President of Kimura International Inc.: I was basically
the Planner for this Master Plan. With me today is my sub-consultant that assisted
me with the Economic Development Study John Kirkpatrick who is with Belt
Collins and Associate. As we make this presentation, I will turn over the part about
the economic development to John to present. With that brief introduction that
Diane gave, I would like to start the PowerPoint and we will just run through this
really quickly.
We had a traditionally planning process that we went through, we looked at
the existing conditions out at Waimea, we formulated goals and objectives, we
worked with the community and steering committee to come up with a planning
pallet basically what kinds of facilities and venues they would like to see out there,
and then a companion study was to prepare this Economic Development Study.
Throughout the entire process we sought community input. When we do plans, we
traditionally look at alternatives, so what I did was do three (3) alternative plans.
All of them looked at different kinds of venues, different sizes and then what we did
also was look at how much they would cost and these cost for a very rough order of
magnitude costs, just so we could compare apples-to-apples. Then in September 25
we had a community workshop at Waimea Theater and we had about fifty people
attend and this was their first opportunity to look at the alternatives and we really
wanted to get their input. We had a breakout session and basically they took all...
we had maps all over the place and they could write on the maps exactly what they
felt about each alternative. The whole plan was not to have them vote for an
alternative, but to give us feedback. Here is a summary of what the community
said and I have divided it into different categories. The first would be physical
design and facilities. We had a soccer field and they wanted to move it to the west
side of the baseball, for example. There was a strong support for football, track in
Waimea. They wanted a covered basketball/volleyball courts for community events
because right now they have outdoor courts. The trend now is to make these
covered, not like gymnasiums but just have a roof over it with open sides. Other
things that they wanted was concessions, bleachers, locker rooms, they wanted to
make sure that the champion fields were gated so that you could collect revenues
from that. I had different alternative designs with parking layouts and they all
wanted the parking closer to the field rather than consolidate it. They did not want
any parking along the highway, traffic lights, if it was necessary and you will
notice that my plan has some water features and so there were some concerns about
the water features regarding the child safety. Finally, architectural style: we felt
COUNCIL MEETING 42 MARCH 27, 2013
was really important for our alternatives because Waimea is really a cool, neat
historic town and we wanted to make sure our architectural style matched that.
Some of the socioeconomic benefits, they all felt that Westside businesses
and the entire island of Kaua`i could see some economic benefits from this sports
complex. Westside people are generally supportive because it is a sporting
community, they host a lot of invitational tournaments out there and there is
common knowledge that sports are good for children and adults as well in terms of
drug and alcohol-prevention, having good sportsmanship and also for physical
health and well-being. In terms of economic benefits, if Kikiaola Land Company is
providing land in some form or fashion, they wanted to make sure that there is
support for Kikiaola land.
What is some of the negative impacts or changes to the community that they
could anticipate? One was an increase in traffic. If there is that, they would like to
see some traffic management recommendations. Obviously more people will come
and they wanted to ensure that there is no net loss in community park and
recreation assets. The existing Waimea Canyon Park is right next to the Waimea
Elementary and Middle School and it is used heavily by the schools.
We wanted to see if the park was actually consistent with the Kaua`i General
Plan. The Kaua`i General Plan was completed in 2000 and so we went through the
document and there are a lot of statements in this that actually support a complex
out here. Some of the statements including outdoor recreation with environmental
tourism and sports facilities for example, enhancing towns and communities for the
Westside. It should be noted and that it is a very sunny area, good climate with no
rain and for Waimea expansion there was already talk in the year 2000 about
expansion of the County park. In terms of the County parks program, they support
all of these types of facilities and one that we should note is that they emphasized
developing large regional recreational parks rather than many small parks.
In summary, why Waimea? Waimea already has a strong interest in
promoting community events and festivals. We all know that the Waimea Town
Festival is a very successful event and they host invitational tournaments and I
queried my friends in Honolulu, for example, coaches, players, and so forth and
those that came to Waimea really appreciated the hospitality that they had there.
You have a very strong and supportive local business association that supports this
project. You have year around sunny and dried climate, I do not know if it was
raining in Waimea today but hopefully it was not. It is a forty-five minute travel
time. It really is an easy drive from the airport compared to other venues, for
example, we have the Central O`ahu Regional Park in the central part of O`ahu. It
takes about an hour to get there from different parts of the island just because of
traffic congestion. I talked to another coach and he said when he takes his girls
soccer teams to the mainland, it takes abo u t t hr ee hours f o r them to g et tot h
the
venues that they are playing at. Waimea has many nearby attractions, you got
Waimea Canyon, Kalalau Lookout, and other kinds of facilities out there. You have
an existing inventory of accommodations but if you do a sports complex like this, we
recommend that more budget-type of accommodations are built for participants.
Finally, it is a town with strong local character that would provide an opportunity
for people to appreciate a unique old style Hawaiian community.
We talked about how we can make the sports complex take on a Waimea
style? We thought having a plantation style architecture and false-front buildings.
For example, the picnic pavilions and comfort stations could look like that with
COUNCIL MEETING 43 MARCH 27, 2013
green wall and red iron roofs. The concessions and the park administration
buildings could even look like some of the historic buildings that you have in the
town. These are other views of the baseball press box and even the entry sign could
take on a very rustic look. The idea is to create a sports complex so that
participants, it becomes a very memorable event so they can come here, a lot photo
opportunities for them to remember participating in some tournament. This is the
preferred plan. It covers land area of about seventy-eight acres. The existing part
down here is about thirteen acres and it is expanding out this way. This is the
existing sewage treatment plant and this is the school. First, we are looking at
baseball complex, we are looking at a quad-complex with two regulation high
school/college type fields and one softball field and four-diamond complex. The idea
is to have two of these fields as your championship venues, this one and this one.
The others would be your practice field. We also thought that this softball at the
existing park is a really iconic filed there and there is an opportunity to retain that.
Then we have two more softball fields here. The reason why we have so much fields
is that when you host a tournament, you often have to limit the amount of teams
that can play. So just for example, Kaua`i hosted the Senior Softball Tournament
and you fielded fifty-three teams and you had to make a lot of makeshift fields at
Hanapepe Stadium just to get the tournament going. Something like this, you can
also use other facilities but it makes for a more vibrant tournament when everybody
is in one location. Also, having multiple fields is important because you need to
have time for the fields to recover after they have been used. So, when you
scheduling tournaments throughout the year, it is good to have other fields.
Multipurpose fields and covered basketball courts, we are looking at that in the
existing park. After the first diamonds are built, then we have the opportunity to
take out the existing multi-purpose baseball fields that are there. They are youth,
senior baseball, and girl softball diamonds in this location. By taking them out, we
have a nice, big broad field that could be used for soccer in the interim because we
do not want to displace the kids using that field for soccer right now. It is also
important for the school to have their PE and other kinds of sports events. During a
major event, major concert or something like that, this field could be used for the
festivals or if you have a major tournament and you have a need for overflow
parking, that could also be used as well.
Another thing that rose up in terms of the desires of the community was a
track and field and this would be a regulation track and field. It would have enough
space for eight lanes, your high jump, triple jump, broad jumps, pole vaults, and all
the other kinds of regulation of things that you do at a track meet. The other item,
too, was that could also double as a football stadium. Finally, we are looking at the
soccer complex and that would occur on this end. We have enough space to provide
two adult soccer fields and some youth fields for different age groups. Soccer goes
by two year differences in the different age groups, so they all have different
dimensions.
With that, we need to circulate, so we are looking at a network of bike and
pedestrian paths as shown in red here. That also doubles because you need to
comply with ADA requirements for handicap and you need to provide access for
people to get to different areas. Having a lot of bike and pedestrian paths creates a
nice place for the community to enjoy, exercise, ride their bikes, and we have
integrated into that the proposal for the West Kaua`i Path which is along
Kaumuali`i Highway. This will all become a big major network. Then the other
component would be that you would need to have structures, so we have bathrooms,
pavilions, picnic pavilions, and other types of buildings such as support building,
administration buildings, score towers, and things of that nature. Cars need to
COUNCIL MEETING 44 MARCH 27, 2013
circulate and park so we have the parking laid out in this fashion, with the roadway
on the mauka side so that we avoid the need to have any kind of parking problems
along Kaumuali`i Highway. We have over fifteen hundred (1,500) total parking
stalls here which would be built in phases according to each of the complexes. That
would hopefully be sufficient for the events that occur there. Finally, we are looking
at landscaping, and you will see on this plan that I have these blue lakes, these are
actually, we have a need to study the flooding and drainage issues for this site.
After a comprehensive drainage study is done, these could be lakes or it could be
dry bioswells in which you have retention ponds or things of that nature. I do not
know exactly what they will look like but we do know in advance that we need to
address that issue.
In terms of phasing, the first thing that we always like to do is build
something first and not displace somebody else. What we want to do is build a four-
diamond baseball complex with the first phase, come in with the second phase
working on the existing Waimea Canyon Park, and I should note that at any time if
funds are available for example, if there was a desire to build the cover basketball
courts, that could occur before phase one. As long as it goes in line with the overall
long range plan. The third phase would look at some more softball fields in this
area, two more and then phase four, the football and track, and then finally, phase
five. In your handouts, we had an error, we changed the phasing titles around a
little bit, so that is why we gave you another sheet of paper.
How much will all of this costs? We looked at the entire project at full build-
out in today's dollars, and it comes up with a price tag of forty-five million dollars
($45,000,000). Baseball comes in at about six million dollars ($6,000,000). Track
and football; four million dollars ($4,000,000). Soccer; three million dollars
($3,000,000). Basketball; about one point three million dollars (1,300,000) or so.
Structures and that is spread out throughout the whole plan and those are the
restrooms, the pavilions, all the different structures that you need for each venue
and that comes up to a pretty hefty price tag but those are essential items that you
need for the complex. Bike and pedestrian path; come up to about two point nine
million dollars ($2,900,000) and that is an extensive bike network that goes
throughout the whole area. Parking, roads, landscaping, and engineering to round
out the tab. The first phase is the baseball/softball complex that would be about
fourteen million dollars ($14,000,000) the second phase going back to the existing
park is about five point eight, three million dollars ($5,830,000), softball for phase
three is about five million dollars ($5,000,000), track and football is about eleven
million dollars (11,000,000) and finally the soccer in phase five is about nine million
dollars ($9,000,000). What I would like to do now is turn over the presentation John
Kirkpatrick who will go over the Economic Development Feasibility Study.
Ms. Nakamura: Glenn, Councilmember Rapozo has a
question for you.
Mr. Rapozo: Regarding the cost, that was not including
land acquisition?
Mr. Kimura: No, it does not include that.
Mr. Rapozo: That does not include the land, okay, thank
you.
COUNCIL MEETING 45 MARCH 27, 2013
JOHN KIRKPATRICK: I am with Belt Collins Hawai`i LLC. My
background is in economic and social impact studies, above all here in Hawai`i, I did
a little work in Guam and the mainland. I have looked at projects in all inhabited
areas of Hawai`i, except Ni`ihau. These have include the soccer complex at Waipio
Peninsula on O`ahu, baseball training complex that was proposed for Kapule, golf
courses, golf residential developments here there and everywhere, and I have done
some work on resorts including the current Turtle Bay proposal which is going to be
taking up too much space in your newspaper in the next year. A lot of my work
deals with community impacts, economic impacts, fiscal impacts, revenues and costs
for State and County governments. In some cases I have done the market study
and in other cases I get to work after somebody else that has done a market study,
master plan is finished and I am doing economic impact studies. Doctor Agrusa
who came in front of you, I guess it was in January or February, he studied many
more events of this type all over the world. My experience only complements his, in
other words, I am here in Hawai`i and I have some understanding of how Hawai`i
people act and how mainlanders who we entice to come here acts, how they spend,
and I have some experience with the successes and limitations of facilities here on
the island. Kaua`i Planning Action & Alliance hired Kimura which hired by
company to assess economic development potential of the sports complex, Glenn has
taken you through it. He took you through the community discussions that shape
the complex and that also we heard too.
What did the economic assessment contribute? Well, we tried to identify cost
over time of operations of the complex, we have identified revenues for the County
and for the economy of Kaua`i from a sports complex. We assessed whether the
complex would contribute to the economic development for Kaua`i. Obviously this is
a matter of trying to figure out things in some detail. The complex involves
construction costs, Glenn has taken you through that and then you get into
operations, marketing, organization, and day-to-day work that has to happen to
make a complex a vibrant place where lots of things go on. I kept this slide because
I want to really stress that a sports complex succeeds because people make it
happen. First, the County does a great deal of work, supports it, operates it, and
then people have to make sure it gets used in a the way that you would want it
used. That is to say that it supports local sports, local events, local tournaments,
and things that bring in people from outside. For that to happen, not only does the
County have to do a lot of work, so do the local backers and they have to make sure
that the local tournament organizers make those happen. A lot of aloha get spent, a
lot of volunteer effort get spent along with the bucks that the County puts out and
this has to be both recognized and has to be counted on and stressed to make this
venue really work. What do you get back? Community use and well-being, has been
stressed already. Encouraging local athletics, resources for local events. You get
back aloha from all over the State and from people from outside Hawai`i. I have had
a real pleasure working on this because the reaction people have to... go to Waimea
for sports is a wonderful experience. It is a wonderful experience because it is
Waimea, it is Kaua`i and because Waimea people have made it really nice. I want
to make sure that we get the people from O`ahu to spend more money on Kauai but
I do want to count on that experience still being wonderful and I think it can be.
Monetary benefits which we will get to is direct spending — tournament fees,
spending onsite for food and so forth and above all offsite spending; going to the
super market, lodging, driving around on Kaua`i and then there is indirect and
induce spending, I will talk about that a little bit. More important is developing a
program. Looking at it as something that would build up and be a continuing
program for a successful complex. You already have two very strong events in the
Waimea, the Invitation Softball Tournament. That is very well known and very well
COUNCIL MEETING 46 MARCH 27, 2013
liked and then the Waimea Town Celebration. You can expand those softball and
associated baseball events. I heard far too often from Glenn and from everybody
else about the baseball alumni tournament for high school alumni. Why is there
not a softball alumni tournament because Lord knows that softball alumni, the
lady's softball teams really enjoy the Waimea Invitational and I would like to see
the Waimea Alumni Invitational start up as soon as possible and all those nice
20-year old ladies are going to come and they are not going to be in quite as close
confines as the 16-year olds. They are going take more rooms and they are going to
spend more money. I have a slightly different attitude to sports than some of the
other eo le here and I think that is why you wanted me here. You p p YY
e e. o also have local
and interisland tournaments baseball and softball. Local tournaments can be
expanded very quickly, interisland tournaments as soon as you qualify by having
the facilities, you get your place on the roster. The roster may be once every four
years, once every five years but certainly Kauai has just as many right to host
these tournaments as Maui, Big Island and O`ahu does. So, we are talking about
youth tournaments, high school tournaments, adult, and senior tournaments, a lot
of these go on rotation and if you have the facilities, then you are on the rotation.
We go on to stadium events. Again, high school and youth football and track,
this is important. It is not a big money raiser because I am not expecting you to
bring in people from the mainland for track meets. I would like to, but I do not
know how to get you to that position. Again, football, it is going to be important to
have a football venue for Waimea High School whether this is going to have an
interisland implication, I do not see it yet, so be it. Soccer events you have and you
can expand. That is mainly for youth and it is mainly Kaua`i. I should say here
speaking of conflict of interest, I coach/referee and play soccer and I thought this
was a great idea and my buddies, who are soccer organizers and so forth, I had a
great time talking to them but when it came down to it, we focused on what could be
done best at Waimea and what was going to be effective at Waimea and it was clear
that you have competition from other sites; Waipio Peninsula on O`ahu, you have on
Kauai the Vidinha Stadium supported by Lydgate and having more soccer out at
Waimea was just not going to be a game changer. It was not going to make this a
{ soccer mecca. So, Okay? Softball, baseball, it is not what I am going to come for
but it is what a lot more people are going to come for. So, if you focus on Waimea,
you have the ability to build up tournaments and build up activities there. As soon
as you can, if you are marketing this complex, you can think of it as a venue of
camps, clinics, outdoor activities by visiting groups, and special tournament events
for off island leagues, there is a interisland wastewater softball league. The
g g
wastewater guys when they have their annual convention, you should be hosting it
in Waimea at least once every four years. The architects and engineers on O`ahu
have a league for softball and they also have money, so if we talk them into having
a once a year off-island weekend of sports, happiness, visitor activities, bring the
family, go up to Kokee; this is all possible. You have to find them, market them,
and you have to deal with the fact that they are engineers and so they are not
exactly the biggest spenders in the world but they are nice people and they will
spend some money.
If this is marketed, if this is supported by the local community, and
supported the County, this County operational and maintenance support which is
important, you can develop a roster of activities that can continue throughout...
some are every year, some are every four years, some are once in a lifetime events.
There are vintage carnivals that draw people worldwide in softball and rugby for
which this could be a venue. A venue basically once in a generation, but it is a
venue that draws people from all over the world and brings them here, brings their
COUNCIL MEETING 47 MARCH 27, 2013
families, and maybe even make them interested in coming back. Bottom line cost,
construction cost and land costs plus forty-five million as Glenn has said.
Operational and maintenance, we took the cost here from your budget and tried to
staff it pretty well. With the fully developed complex, we are coming out to about
three hundred and eighty thousand dollars annually at current rates. Revenues
which is where we are working at once we have our tournaments going, direct
revenues to the County from tournament fees, to concessions fees onsite, would
probably be fairly small because you are nice people. County does not really like
charging very much for things, does not like charging tournament organizers, also if
your concessions are local non-profits and local retain running a concession right
there onsite, the County has not yet been in the business of finding ways to charge
them for a great amount of fees. This could change. I was talking to the people on
O`ahu about how they would like to think of ways of charging more money but
sooner or later it just got too complicated and so your direct fees to the County are
not going to be big. But where we do want to see things, see money spent is visitor
lodging, food, travel around the island and all of that. Carefully separating out air
cost as something that is not going to happen, looking at different budgets for
different kinds of visitors which I will skip over for now, we end up with a quite
credible full-time program of tournaments with direct expenditures coming in from
off-island of one point one million. A little bit more interisland spending so from
people from the other parts of the island are going tank up their cars in west Kaua`i
so that is a more addition to that but obviously that is not what you are worried
about. With the one point one million in annual stabilized revenues, there is
interactive induced revenues which is based on simply looking at how the money
flows through the Kaua`i economy and that comes out as another six hundred plus
thousand dollars a year. That is one point seven million dollars annually.
Contribution to economic development here, first, that is simply a lot more money
then you are spending in operation and maintenance for four and a half times the
cost of operations and maintenance. New attraction to the Westside, you bring in
people for sports tourism, you bring in their families, it certainly could support
other Kaua`i attractions and visitor facilities. The one thing we did in connection
with this is try to talk to some of the people from other islands that came for the
Senior Tournament and they first loved the venue, they loved Waimea and
Hanapepe. They were very happy to be here, they were interested in additional
attractions, additional destinations activities. Basically, we sent out an survey and
to my surprise the timing was terrible, we got about fifteen to twenty responses and
talk to other peo le. But they said thing s like, "maybe next time, we should go to
Ni`ihau." So, there was an interest with expanding, so adding to the activities in
West Kaua`i could be part of a snowball effect. This is one piece in the puzzle of
developing West Kaua`i as a stronger visitor attraction for interisland and oversee
visitors. My annual cost of revenues, first take on this, it came out very gagged and
that it because you get the thing that you develop some capacity for tournaments
and that kind of activity and you start attracting them and then you go in the back
of the line for when it is going to come back again in four years, five years, so there
is going to be some variability here. I could have rescheduled things to make it look
less gagged but I rather like the fact that we showed a variation from four hundred
thousand to one million four hundred thousand, because I think that is quite
realistic. The point is that as you get out nine, ten, eleven, twelve years out, you
can stabilize with a range of activities, tournaments that is going to basically add to
your local economy. The two things that are critical in looking at the economics of
the sports complex, first, you build a sports complex and your organizers are so
happy with it and they forget to schedule any tournaments to bring in anybody from
anywhere else. This has happened on the mainland. This happens in places where
basically you have a great deal of demand for sports locally and you forget the
COUNCIL MEETING 48 MARCH 27, 2013
reason why you did that was both community support and economic development.
Economic development can get lost. You need to have commitment on the part of
the County, organizers, and supporters that this is an economic strategy. In
Waimea, you have that. In Waimea, you have this as a part of the thing that people
are proud of and you have local organizations such as the West Kaua`i Business and
Professional Association that in fact support it. It really makes a difference
otherwise you are going to turn into a wonderful adjunct to the high school athletic
department which is nice but it is not quite what we are talking about here. Second
factor which is always the case is that this is Hawai`i, this is not Southern
California. You do not have twelve million dollars or people and easy driving
distance who can get in the SUV and track down to it. You have to get people from
all over Hawai`i and attract people from elsewhere for something that is special. In
order to do that, you have to attract both residents and visitors, you have to get
repeated attendance and maintain excitement from year to year. You have to work
with your community, with the County to create a destination and think of this as
part of a destination. So, thinking of this as tying it into other visitor attractions,
other kinds of activities that are going to bring other people in. You need everybody
together on the same page, you need support and dare I say that you need to keep
the cost down but I think that is not the problem that we are going to be worrying
about too much because that has to happen. When I say, we are not going to worry
about it too much, means, I cannot contribute too much but you are going to worry
about that a great deal. Thank you very much.
Mr. Kimura: Let me finish up the presentation and then
we will open it up for questions. Just to round out this presentation the next steps,
in 2012, we did prepare the master plan and economic development potential study.
We are now in 2013, we made a presentation to the Mayor and to you, right now.
The other steps would be to negotiate the use of the land and secure funding for an
environmental assessment. An environmental assessment would be triggered by
the use of public funds here. Perhaps in 2014, get entitlements for construction and
then seek funds from all possible sources. I should note that the land is zoned
agriculture and in the agriculture zoned, parks are a permitted use, so you do not
have to go through zone changes or anything like that which takes up some time. If
all things are in perfect order then you could begin construction in 2015. I know
that raised a lot of eyebrows about something happening so soon but because there
is no zoning to change or anything like that things could happen very rapidly. We
stress that things are going to be done in phases. The whole thing is not going to
built all at once. I just wanted to point out that these are members of our steering
committee many of whom are here today: Mike Faye, Peter Herndon was with us at
the beginning and wanted g d I wa ted to make a note of that, Guy Ishihara, Jon Kobayashi
who is the Athletic Director for Waimea High School, Representative Dee
Morikawa, Lenny Rapozo who is the Parks & Recreation Director, Bobby Tanita,
Aaron Uyeda, Dave Walker, and Penny Young who represented the business
community. We had Ricky Tsuchiya, a recently retired Planner who was on the
committee but only wanted to function as our advisor. With that, we have some
contact information but we would like to thank you for giving us time to present
this.
Ms. Nakamura: Thank you very much for the project team
for briefing the Council and the public. We would like to open it up for
Councilmembers for q uestions.
Mr. Kagawa: Glenn, just to clarify and I would like to put
everything in a nutshell. It is forty-five point nine million for the facility, all the
COUNCIL MEETING 49 MARCH 27, 2013
phases. The land, do we have any estimates as far as what that would cost to
acquire all the land?
Mr. Kimura: The land cost is not included but it is open
up for negotiation. It could be through outright purchase, it could be through lease,
or some kind of arrangement like that. I do not want to get into those numbers at
this time because I do not want to make any type of statements that becomes set in
stone.
Mr. Kagawa: I just like to see the whole financial picture
and that is why I asked but maybe we can discuss that at a later time.
Ms. Yukimura: I do not think we can really analyze the
project without a land cost included because that is part of the reality. I would like
to request that you give us and, if outright, I cannot imagine that there would be a
lease for a permanent thing as this. I would like to know assuming it is an outright
purchase, what kind of cost we need to look at.
Mr. Kimura: Okay.
Ms. Yukimura: Could we look at the slide on revenues and
expenses or cost. What did you say is the direct income to the County would be?
Mr. Kirkpatrick: The direct income to Kaua`i stabilizes at
about one point one million, so that is...
Ms. Yukimura: No, to the County.
Mr. Kirkpatrick: Oh, very small.
Ms. Yukimura: You are talking about... this is...
Mr. Kirkpatrick: That is visitor spending is the big number
there.
Ms. Yukimura: Right. So, it is not going to come to the
County to pay for the cost of operating.
Mr. Kirkpatrick: That is correct.
Ms. Yukimura: And the County's operating cost which is
three hundred eighty thousand dollars a year?
Mr. Kirkpatrick: That is my estimate, yes.
Ms. Yukimura: I do not even know and I will ask Mr.
Rapozo, our Parks Director what our operating costs are for our entire County
Parks budget but we are struggling with budget right now, so how would we even
begin to cover that?
Mr. Kirkpatrick: I will let Mr. Rapozo answer that one. Of
course it is the key question for you is... is this an investment that makes sense for
the County? What I tried to be very, very clear about was that this is an economic
development engine that is going to bring in a great deal of more money to the
COUNCIL MEETING 50 MARCH 27, 2013
island, let us be clear, to the island of Kaua`i, to the economy of Kaua`i then it is
going to cost the County. The County as a business is not going to make money off
of this either in terms of covering the construction or covering operations and
maintenance. When we talked to County of Kaua`i, Department of Parks and when
I talked to Parks people elsewhere, they are not set up to make money very
effectively and your folks do not want to. They want to support activities.
Ms. Yukimura: I am not talking about making money.
Mr. Kirkpatrick: Okay.
Ms. Yukimura: I am just talking about surviving as a
County in terms of costs and operations. If you can show me that we can break
even, that is something but otherwise... then my...
Mr. Kirkpatrick: Okay.
Ms. Yukimura: I am just talking about surviving as a
County in terms of costs and operations. If you can show me that we can break
even, that is something but otherwise... then my question is, is there another place
we could put forty-five million dollars plus because the land cost is not involved and
get a return of investment better than what we are getting here?
Mr. Kirkpatrick: The simple answer is that I did not look at
that. The obvious answer is if you have forty-five million and you put it in an
interest account, you will get more money out of it than you do from this.
Ms. Yukimura: Are you kidding?
Mr. Kirkpatrick: I am not kidding. I am giving you a straight
answer to your question.
Ms. Yukimura: If we put that money in a interest bearing
account, we could make more than this?
Mr. Kirkpatrick: The County would directly make more
money than we are talking about but the question that I heard here was and what I
tried to answer is, "what are the impacts on the economy of Kaua`i of developing
�
this.„ We came out with a general picture of the impacts for developing the sports
complex for the economy p of Kaua`i.
Ms. Yukimura: Did you take into account the costs of
infrastructure that might be required to make this project happen successfully?
Mr. Kirkpatrick: Yes.
Ms. Yukimura: If you have the level of activity that you need
to bring in this amount, would it possibly include the need for more roads between
Lihu`e and the Westside?
Mr. Kirkpatrick: We are not talking about a gigantic
expansion in your tourist traffic. I think you saw this it was six thousand one
hundred additional visitor nights. That is an increase and there maybe some traffic
issues, certainly the environmental assessment is going to need to look at traffic
COUNCIL MEETING 51 MARCH 27, 2013
issues but basically looking at this very quickly... I did not see... this seems to be a
very small increase in the total annual usage for your roads in the area recognizing
that you have serious concerns there.
Ms. Yukimura: How do you know that?
Mr. Kirkpatrick: By looking at the volume of traffic on the
roadways that reported in the Department of Transportation report and looking at
the number of people that we were counting and coming to support the complex.
Ms. Yukimura: Well, have you calculated the amount of
traffic that would be generated by events in order to make it successful?
Mr. Kirkpatrick: I have in a very preliminary way, I have not
done this as a traffic impact assessment.
Ms. Yukimura: How many trips will be generated?
Mr. Kirkpatrick: If we are talking about an event like a
tournament that is going to bring in people from all over Kaua`i, because that is
going to have more people driving their own cars. If you have a local tournament
that has sixteen soccer teams at the same time, that translate to sixteen times a
minimum of ten cars, as many of twenty cars. So that could be sixteen times twenty
is three hundred and twenty basically SUVs coming from all over the island at any
one time or arriving over say a two hour period and departing over a two hour
period. That is additional to your local roadways at certain hours usually on
Saturday's and sometimes Sunday's.
Ms. Yukimura: Can you calculate for the number of visitors
that generate one point seven million or whatever it is, what the traffic impacts
would be?
Mr. Kirkpatrick: One can calculate that. I have not done that
as a professional exercise.
Ms. Yukimura: But that may incur additional costs to the
County and if so, that needs to be included in the calculation— the cost benefits.
Mr. Kirkpatrick: It certainly would need to be included in the
environmental assessment.
Ms. Yukimura: This is part of feasibility because you want to
know the true cost and the true benefits.
Mr. Kirkpatrick: The numbers we were talking about the
three hundred, four hundred vehicles coming in on a day are much fewer than, for
example, I think you have for the existing demand with the town celebration. This
is not going to create a bigger peak than you already have. Hopefully it will have
that at a higher level of activity on more days, lets us say, twenty to thirty more
days per year.
Ms. Yukimura: During the town celebration the traffic is a
major problem, so if you are having that more often that is going to be more impact
for sure. That may generate the need accumulatively with other things, so that has
COUNCIL MEETING 52 MARCH 27, 2013
to be a part of the costs that is calculated if there is that impact. I am not assuming
anything, I am just asking for someone to give me what the impact will be. Mr.
Charlier when we talked about Po`ipu building out a thousand more units and if we
are full with our room nights and six thousand more nights, I do not know how
much that translates to more units, but he said a thousand un-built units can be
expected to generate ten thousand trips daily. I am going, that means ten trips per
household, how can that be, a day. But actually going to work, coming home, the
cleaner comes or the postman or whatever and you start seeing the trips that are
generated. I am not an expert in this but I am saying that this could be an impact
that is mone is spent,art of this that we need to know about. If the forty-five
p money p � Y
million dollars in another venture, economic development venture, what are the
costs, what are the benefits, and what is the ratio? I think we need to see that.
Ms. Nakamura: Councilmembers, we have a lot of people
here who would like to testify on this matter and I was wondering whether we can
get through the testimony first and then come back to your questions. Would that
be okay with you?
Chair Furfaro: I would suggest you let people testify first.
Ms. Nakamura: Okay.
Chair Furfaro: Because we do have a lunch break at 12:30
and some people may have to leave and we can continue discussion ourselves.
Mr. Rapozo: And we have public hearing at 1:30 as well.
Ms. Nakamura: Okay.
Chair Furfaro: Let me make sure that we all understand,
we have a public hearing at 1:30 and I announced that at the beginning, we have a
legal consultation in Executive Session at 1:45 and a second legal consultation in
Executive Session. I would suggest you have public testimony.
Ms. Nakamura: We will excuse you for now and ask that you
return later for more questions.
SHAWN & GUY ISHIHARA: First of all, we would like to thank the
County for hearing us today. Guy and I are Westside residents and we are also
business owners. We are here in support of the Waimea Sports Complex. Having a
child that participated in sports year around, we have traveled to sports
tournaments around Hawaii and the continental U.S. We are always felt that
Waimea would be an ideal spot for a sport complex. With very little rain, a lot of
p p p Y
unused open land and a sports community, you would not only have the community
1 solve the problem of the declining economy on the Westside.
backing but it would so ve t e p g y
Guy and I have strong business backgrounds and we know that if you plan, manage,
and market a business correctly that it will succeed. You cannot stop it just
building the park. You have to plan, you have to have proper management and
marketing. A project like this has so much potential. We could be the focal point of
venues not only Statewide but even Nationwide. When we were part of the Waimea
Youth Baseball, we were planning a tournament, we had contacted an organization
in the mainland and they had suggested that we go international, to Japan also.
This was the Ken Griffey Jr. Foundation and they said the Japanese people will
come, they love it here in Hawai`i and it is affordable for them. It is closer than
COUNCIL MEETING 53 MARCH 27, 2013
flying all the way to the continental U.S. The Waimea High School Softball Team
holds a softball tournament every year that hosts dozens of teams Statewide. The
UH softball team came down last year and they ran a clinic. The Coach stated to
Guy and myself that he would love to do it every year. When we ran our
tournaments for the Waimea Youth Baseball, people want to come to Kaua`i, they
love it here. They love the Westside, they love the hospitality, they enjoy the
venues, they do not mind driving, they drive from Kapa`a, from Koloa, they just love
it here. They want to come. I know it costs a lot of money and we were listening
this morning to how the budget is so tight but I believe if you plan it correctly, if you
manage it correctly, and if you market it correctly — marketing is very important, it
will succeed and it will become profitable. Again, we would like to thank you for
your time. I have a letter here from Waimea Canyon School Principle. I do not
know if I should just hand it in or...
Ms. Nakamura: You can pass it to our Staff who can
distribute it to us. Guy, did you want to add anything.
Mr. Ishihara: She said it all.
Ms. Yukimura: Thank you for your input, passion, and
vision. I agree with you that you really have to have proper management and
marketing. I was wondering how do you visualize that happening, and who would
do it? Who would be responsible for doing it, and how much would it costs and who
would pay?
Ms. Ishihara: The numbers, I do not know. I do not have
experience in this kind of thing. We have done tournaments, like I said, on the
Westside. It depends on how many venues you have going on at one time, you could
have one person managing a Department of people or just one or two people could
probably handle the whole area if you had somebody who was really organized.
With technology now a days, it makes it so much easier to do, the cost of it.
Ms. Yukimura: I hope you are not saying that the County is
doing it.
Ms. Ishihara: I do not know where the funding will be
coming from.
Ms. Yukimura: And would it be, the Westside Business and
Professional Group and, if so, they would have to ramp up their capability?
Ms. Ishihara: I do not know. That would be part of the
planning process, I think.
Ms. Yukimura: In the presentation they talked about this
area, you almost have to think about it as a visitor destination and I wondered if
Waimea and the Westside want to become a visitor destination. What the impacts
would be because part of the charm of the Westside, is that it is still the Westside.
Ms. Ishihara: First of all, Waimea is the... Westside is a
sporting community. They support anything to do with sports. At the community
meeting that they had in December, it was standing room only, you were there.
There were over two hundred and seventy-five people there that is the most that I
COUNCIL MEETING 54 MARCH 27, 2013
-
heard of at any community meeting. To have that kind of support from the
community like that, it is telling in itself.
Ms. Yukimura: I am not questioning the support, you are
right, I saw it with my own eyes. It is just that there would be a lot more pressure
for resort moderate level hotels and so forth, that is one of the possibilities and so
the Westside has to think about that in terms of whether there will be pressures
and whether that is part of the vision for the Westside or not. Even Kaua`i as a
whole, my dad is ninety-two years old and he never envisioned what Kaua`i would
be today...
Ms. Nakamura: Councilmember Yukimura if you could move
it along because there are a lot of people and we have until 12:30.
Ms. Yukimura: Yes, okay.
Mr. Rapozo: How long have you folks been working with
this plan with the community?
Ms. Ishihara: For the Steering Committee?
Mr. Rapozo: Yes.
Ms. Ishihara: A year and a half.
Mr. Rapozo: Has the community looked at all of the
possible ramifications like the traffic because Councilmember Yukimura talks about
a destination. Westside is already a destination, you get thousands of cars go up to
the Canyon. Everyone that comes to the island, goes to the Canyon.
Ms. Ishihara: Right.
Mr. Rapozo: So the traffic is always going down there.
And I want to hear it from you folks, the community, far as I know I have not
d w
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have any calls from the community to say we do not want this.
Ms. Ishihara: Right.
Mr. Rapozo: Have you heard any opposition or concern
about this project?
Ms. Ishihara: No.
Mr. Rapozo: If you build it, they will come... is there any
concern from the Westside community that, no, we do not want that?
Ms. Ishihara: We have not anything. Not from the
Westside community, no.
MIKE FAYE: I am the Chairman of the Board of Kikiaola
Land Company, the land of which this sports complex is proposed to be built on. I
circulated a letter to the Council and it is basically to state our position. We became
aware of this proposal sometime last year and got involved with the Steering
Committee. Our community plan I was provided for some expansion of the park
COUNCIL MEETING 55 MARCH 27, 2013
and this has been before the Council and others in the various General Plan
updates and so on and so forth, this is no secret. We also had a two hundred acre or
so golf course planned as part of that community master plan. While the concept of
a baseball/soccer sports complex is a significant change to our plans, Kikiaola was
and is interested in starting the concept. We participated, as I mentioned, in the
Steering Committee. Of course, we are very interested and concerned about the
economic impacts of it and wanted to make sure that the Kimura International had
a strong economic study as part of their proposal. It was great working with
Kimura International and they showed us numerous benefits for the sports complex
and we thank Glenn and his team for the vision. We also thank you guys, the
County of Kaua`i for allocating the money and the resources in working with Lenny
and others on this project. The Kikiaola Board reviewed the study at a recent
meeting and I have to say, you have to note that the complex grew from a ten acre
expansion to a sixty-five acres on our property. Perhaps one of the things that we
should have talked about was some kind of remuneration for the plan and
Councilmember Yukimura has been bringing that up and I am sure you will all be
quizzing us on that further. Of course, that was a concern of Kikiaola Land, my
Board of Directors, as well. We do have responsibilities to our stockholders to make
sure that we just do not give things away. At this point in time, as a proposal, as a
sports complex is presented, we cannot take a position one way or the other until
several issues are resolved, including number one, consideration for Kikiaola's loss
of the land.
Ms. Nakamura: Mike that was three minutes. Finish up and
then we will go on to the next speaker.
Mr. Faye: Consideration of specific plans to mitigate
some of the impacts of the noise and bright lights that this will bring to our kind of
laid back resort. By the way, we do have a two hundred fifty unit visitor
destination approval already for that property across the street. Consideration
given to integrating the sports complex with the rest of Kikiaola's Master Plan. We
need to see how that is going to look. More importantly our Board, wanted further
consideration of a broader range of recreational and community uses than the
current plan provides. We want to see a facility that the community could less
passively perhaps use. To summarize it, Kikiaola remains committed to working
with the County and the Waimea community to develop a win-win solution we can
all be proud of and benefit from. Thank you.
Mr. Bynum: Thank you for being here. As we go through
this agenda item today and I do not know if you will be here after lunch but I do
have some concerns and one of them was what Kikiaola's position was on this, so,
thanks for this clarification. I cannot tell you how many people have come to me
supporting this thing saying that Kikiaola is going to donate all the land and
Kikiaola is a major driver behind this. I am very concerned that we are not... you
know creating great expectations that are unlikely to be fulfill at least in a timely
manner. The Westside is an incredibly unique place but you have made it clear
here that there are some issues in terms of the land owner.
Mr. Faye: Just like what the Council is concerned of,
how much is it going to cost, what are some of the other impacts that are going to
be. These are valid questions and I think as a responsible landowner and a
landowner that is committed to the community there that we just need to work
through some of these details. We want to look at it. You are exactly right, we do
not want to have false expectations either.
COUNCIL MEETING 56 MARCH 27, 2013
Mr. Bynum: Right. So I just wanted to make sure that...
were you aware that people are communicating that you have made a commitment
to donate all this land?
Mr. Faye: I did not.
Mr. Bynum: Because I have heard that independently
from three different sources. And my response was that it would be incredible
because you have shareholders, as you said, you have a responsibility to them.
Mr. Kagawa: I just want to clarify. I have attended a lot of
the meetings and I am from the Westside and I have never heard that from anybody
that Kikiola is going to give it for free.
Mr. Faye: Okay, thank you.
Ms. Yukimura: Mike, you said something about
consideration of broader range of recreational and community uses and you said
something of less passively? Did you mean more passive?
Mr. Faye: More passive, I am sorry.
Ms. Yukimura: Okay. And thank you for reminding me that
there is a visitor destination designation in your... it is basically your property of
the Waimea Plantation Cottage.
Mr. Faye: On the makai side of the road, Waimea
Plantation Cottages has currently fifty or sixty units and currently we do have a
use permit to expand that to two hundred and fifty.
Ms. Yukimura: That is exactly what I wanted to know. How
many were already built and how much more un-built units you had. Thank you
very much.
Ms. Nakamura: Thank you, Mike.
JON KOBAYASHI: I brought some of my athletes here and they
are nervous to speak on the microphone. We come in support of this facility. I
think it is going to be a big boost for the entire island of Kaua`i. A lot of these
athletes play in great facilities around the State and Kaua`i is one of the few
islands that do not have these fantastic facilities. Every island does have it. I am a
product of Kaua`i, I played football with Councilmember Kagawa and we are a
product of the Westside. These are the same facilities that we played in. I can tell
you every nook and cranny of Hana e e Stadium and the County does a great job in
Y Y Y p p Y g J
taking care of these facilities, they work tremendously with the Kaua`i Scholastic
Federation and we really want to thank you for that. I think for these young people
when they go off to the outer islands, to the mainland, and they see these things,
like they say, you build it, they will co m e. You will also bring
recruiters to come
here because you are going to bring in big tournaments, coaches that come and they
are going to have the opportunity to see these kids. It is not only for the Westside,
it is for the entire island. I will turn it over to the young people.
COUNCIL MEETING 57 MARCH 27, 2013
MIKEY RITA: I play for the Waimea High School Baseball
Team. I support this complex because in Waimea there is good weather, there is no
rain outs. Like if there is a game in Kapa'a today, it would be a rain out. It would
be support the kids, it would change their minds like if they see a nice field, they
would like to play baseball or a sport that would keep them in line.
GALEN ULU MATAGIESE: I play softball for Waimea High School and I
am a current senior. I support this sports complex. I have played in the mainland
and I have played also in Europe just this summer. I also talked with the foreign
Country and they also said that they love the islands and they would love to come
here because of our culture and how we accept everyone. It does not matter if you
are Japanese, White, or Black, we still accept you as family. I feel that if you guys
have the sports complex in Waimea, we have a huge culture mix of everybody.
Mr. Kagawa: Ulu are you going to play for UH softball?
Ms. Matagiese: Yes.
Mr. Kagawa: Do you think when Coach Perreira brings
these big tournaments to Kaua`i, you think that it would help you to up your game?
Ms. Matagiese: It will help me big time because it is actually
benefiting me to get ready for the big league and to have other schools to come here
and play instead of just playing two teams over and over and to play it more.
Mr. Kagawa: I guess in following up, because I know more
about the baseball side, I should know more about the girl's softball side but did
coach bring down the best teams from the State?
Ms. Matagiese: Yes, he brought down the Division I
defending State champions teams, like, Mililani, Punahou, they all came down
every year and I must say, we put up a big battle on them for a Division II team
that plays only two teams on this island.
Mr. Kagawa: Right, thank you, Ulu. Good luck at UH and
I am sure all of us will be watching you next year.
Ms. Yukimura: Congratulations Ulu and for both you and
Mike, your Athletic Director mentioned that there are facilities on the other islands
that we do not have quality of facilities here and that you have played in them. Tell
me about those facilities. Are they private school facilities or UH facilities?
Ms. Matagiese: Public.
Ms. Yukimura: Where are they?
Ms. Matagiese: Central O`ahu Regional Park.
Ms. Yukimura: Are those softball fields?
Ms. Matagiese: Yes, it is a softball, baseball, soccer, and
tennis at that Central Park.
COUNCIL MEETING 58 MARCH 27, 2013
Ms. Yukimura: And Maui and the Big Island have the
facilities?
Ms. Matagiese: I heard that now that Maui have the new
title nines stadium for the girls, that is why this year our State tournament is being
hosting in Maui instead of O`ahu. In the mainland, they have a lot of facilities all
over and also in Europe, they also have the facilities.
Ms. Yukimura: It is great that you were able to play there.
Mike, did you want to say anything?
Mr. Rita: Not really, no.
Ms. Nakamura: Any further questions, Councilmember
Yukimura. Okay, thank you very much. Would any other students like to testify?
SIENNA SANTIAGO: I am currently a Junior at Waimea High
School and play for the softball team. I would really benefit, speaking from a
softball player's view, we could actually host our tournament and actually play on
softball fields and not have to play in Hanapepe where we played these last few
years because the men took our field and we had to play on baseball fields. In
O`ahu, they have the Central O`ahu Regional Park where we play teams from all
over the State and they have softball fields there where we can play. It would be
nice to have it in Waimea near where everywhere everyone from all over the State
can come and it would probably attract more teams and bring in more money and
benefit us.
BRYSON CAYABAN: Good morning. I am a senior at Waimea
High School and I am the Student body President at the school and on behalf of the
students and for the rest of the committee, I would like to give my support as far as
the complex. We have all been hearing about how it supports sports only, well, it
also supports community events. Our school does a lot of activities both on campus
and in the community as well. It supports a lot of non-profits such as the Kaua`i
Walk-a-thon, the Kaua`i Relay for Life, we have jump ropes for hearts, the
American Cancer Society. I am a proud member of the Hawai`i Project Advisory
Counsel and we do a lot of events throughout the island, more so on the Eastside
and I would love to see more events on the Westside. We have March for Dimes, we
have Kaua`i Food Bank, and much more. It is very good to see that we can rally
together not only on the Eastside but also on the Westside, getting together as an
island. Not by separation of what side of the island we come from but together on
the Westside and supporting awareness and being together, just as one. I am also a
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proud cadet of the ROTC program at Waimea High School, it is my fourth year. We
do so much events throughout the entire island and we take pride in giving back to
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the communities.mmunities. Having thing s come to the Westside also, it helps us not only just
as revenue or generating economy but also just as ourselves.
Mr. Kagawa: Bryson as the student body president, I want
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to ask ou this question this is hug e question that we are all asked, how can we
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increase the enrollment at Waimea High School? When I was going there, it was
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about nine hundred. I think now, it is closer to six?
Mr. Cayaban: Six hundred.
II
COUNCIL MEETING 59 MARCH 27, 2013
Mr. Kagawa: Do you think this sports complex could help
drive the economy and maybe get more people to live in Waimea and make the
enrollment higher?
Mr. Cayaban: Yes, my family background is all alumni's of
Waimea and I am a proud member of my family. They told me stories that it is
because of sports back then, also, education and just being well rounded students at
Waimea High School. Having this complex will generate that for the future of the
Westside and for the rest of Kaua`i. From my knowledge Westside is also known
for the community efforts through the ROTC program, student counsel, and bunch
more clubs on the Westside as well as throughout the island. By having that it will
draw the students in future to come and attend Waimea High School.
Ms. Yukimura: Is that what the title nine sports field in
Maui is about that girls get priority and they do not get bumped by the men?
Ms. Santiago: Probably.
Ms. Yukimura: There is actually a facility called the title
nine sports...
Ms. Nakamura: Councilmember Yukimura, I believe that
that was a title nine decision to fund that field.
Ms. Yukimura: Is that right?
Ms. Nakamura: Yes. Because the girls had to walk to
another site off campus which was not fair and so the State put the funding into
that facility. But we have more speakers and we need to move on.
Ms. Yukimura: Thank you very much for the information.
MARISSA HESAPENE: I am part of the Waimea High School Cheer
Team and I think that this sports complex would be really beneficiary to all sports
even cheer. Like Mikey said, there is less rain and we actually to support our
football boys, we stand in the rain even though it is pouring. I think that would be
really good and more clinics for cheer because cheer is actually going downhill for
us.
BAILEY SAN AGUSTIN-NORDMEIER: I play soccer and softball and I am a
junior at Waimea High School. It is beneficial to us because we get to have more
fields to play on and we can have our own clinics and tournaments down there. For
soccer, since three of our teams practice in Hanapepe which is small for us because
we are all crowded, it would be really great to have more fields.
Mr. Hooser: A brief question of Marissa and a disclosure,
Coach Kobayashi probably knew that if Marissa asked me to do something, I would
do whatever she would ask me to do. She actually hangs out in a photo in my
Office. She is probably the most connected person politically in the room right now,
you will see in the picture she is with the former Congressman, several Chairs of
several Committees in the Senate.
Ms. Hesapene: Oh, you still have it.
COUNCIL MEETING 60 MARCH 27, 2013
Mr. Hooser: Yes, I still have it and it hangs in my Office.
It makes me think about State Government as well as yourself and these are about
schools and the question, since I am supposed to ask a question is that this is a
facility that would benefit everyone.
Ms. Hesapene: Yes.
Mr. Hooser: Specifically the school which is under the
umbrella of the State Government, so we would need you and the help of your
students and the community to reach out to the State, perhaps. To use every
influence that you have there because this is will costs a lot of money as it moves
forward in whatever fashion. Would you be willing to go and lobby this State
Legislators lik e you did me i n 2009?
Ms. Hesapene: If it is with you. Yes, I would like to help
continue this so we can actually have this sports complex. This will benefit our kids
in the future and then it will have the facility for them.
Mr. Hooser: Okay, thank you very much.
Ms. Nakamura: To all the students who testified, thank you
very much for coming and for weighing in and sharing your views and for the long
drive over here to Lihu e.
GLENN MICKENS: First I want to thank Diane and the
gentlemen for their presentation and for all these fine students that presented their
case. I thought it was outstanding and I am tickled to death seeing these kids being
involved in whatever happens to be, whether it is sports or politics. Probably no
one on Kaua`i is more of for this major sports complex than I am but I try to live
within the real world. I take exception with several issues with this project. Again,
with all due respect to the athletes from Waimea, if it can become a reality, a big if,
it should be centrally located where the Vidinha Complex is now; airport, hotels,
rental vehicles, etc. Yes, Waimea is a sunny area but in my fifteen years of being
the official and arbitrator for KIF baseball, I have only seen one game called
because of lighting in the area, it was down at Kapa'a High School, once. Weather
has not been a factor in this last week one game was called and I questioned, I
think the game could have been played there. JoAnn as a Mayor had a sports
complex on her agenda, a long time ago, and I supported her 100% but as usual a
project of this scope costs millions of dollars. I believe the figures are now
$45,000,000. That $45,000,000 is probably a very conservative estimate. If this
thing gets off the ground, it will cost a lot more than that. This propose project if
done right is going to cost millions and again I am wondering why are we spending
thousands of dollars on planning before we know if money is available for building
as with the ball field at Vidinha, maintenance of a project of this size is a major
factor. Vidinha is not manicured as a first class stadium should be plus no proper
dugouts, no dressing facilities, no snack stand, no lights, no fences to enclose it and
no proper press boxes, and no proper restrooms. That is what you are going to talk
about when you talk about a proper facility, a first class facility that can draw
tournaments, etc. We did not have the people who know how to maintain a facility
of this size nor the proper equipment to take care of it. A look at the little league
softball field and the baseball field, and football field at the Kapa'a New Park will
show that we do not have enough labor or equipment to come close to properly
maintain the facilities that we now have. Our total parks and recreation areas are
being poorly looked at here and without a lot of funding, education, workers, and
COUNCIL MEETING 61 MARCH 27, 2013
purchasing of equipment it is senseless to pursue this venture. Though a first class
sports facility baseball, soccer, softball, and a gymnasium that Mel once talked
about a long time ago, to generate a lot of tourist and money for Kaua`i it is unlikely
that it will ever be a true enterprise fund. Remember that our manicure Wailua
Golf Course is still costing us $1,000,000 a year and this was once an enterprise
fund. I also believe that the $45,000,000 figure that will be asked for is going to
escalate a long way from there. I can certainly sympathize with these people from
Waimea that are so passionate about wanting this facility down there, personally
again, I think it would be better if we ever come up with this money to have it be in
a centralize spot. We have to factor in maintenance and the people to build this
thing.
Chair Furfaro: Just for an announcement here, the
consultants are in fact on a flight soon. Staff, I am going to take this meeting to
1:00. Obviously we would hope to get the general questions to the consultants in
that next half an hour. Will somebody also push back the calls to the legal counsel's
that instead of 1:45, we will do 2:15 and instead of 2:15, we will do 2:45. Thank you.
Ms. Nakamura: Thank you, Chair.
DAVID WALKER: I lived in Waimea since 1973. I have coached
Cross Country and Soccer at Waimea High School, and retired about 2 years ago. I
represent myself, West Kaua`i Business, and Rotary Club of West Kaua`i. Talking
of Rotary, the first track meet I helped coach was the HP Faye Track in Kekaha and
before TV thousands of people used to come, that is even before cell phones.
Eventually the track became obsolete it was an unusual shape, only 404 yards, I do
not know how that came out. They moved the track meet to Vidinha Stadium with
more lanes and better facility. But we did try to get a track back in Waimea. We
talked to the County, business people and at that time Richard Kawakami was
Chair of the House and we wrote a letter to him and he said he would try to support
that concept. Unfortunately, as you all know he passed away while hunting on
Moloka`i, I believe. We have never given up the idea of having the track return. As
Mike Faye eluted to earlier, they did have a track field, soccer and a football field
inside it with this plan. We would like to see this complex go as a highly
representative way that Waimea likes to live and compete and have fun. It would
be nice to bring everything home to the Westside. As a West Kaua`i Business
member, I would like to see the businesses really... I know the Ishihara do really
well when the softball tournaments are on. A lot of places do and it is just a
win/win and I know it is a lot of money but like we eluted to earlier, maybe the
State and other people could be persuaded to fund it. I would love to see this
complex go as shown.
Ms. Yukimura: As Shawn was saying which I do agree with,
it really needs marketing to make it happen as an economic development factor.
Who do see as doing the marketing?
Mr. Walker: Yes, I was listening to your comments and I
think it is properly appropriate that West Kaua`i Business look at that. We do have
a mainstream program, we are trying to get it started again to help with the
merchants. Other businesses seem to be on track getting our market share of the
tourist as they drive through Waimea, also talking about Kokee as the most visited
site probably in the whole island, so we have to trap them with things. If this come
to fruition, do something of that nature. We did have a full-time staff member for
COUNCIL MEETING 62 MARCH 27, 2013
mainstream and they would actually work at the best of the West Kaua`i Business
community and mainstream.
Ms. Yukimura: I think it might be wise to look at facilities
such as being envisioned and see where they are being successful with their
marketing and what kind of staffing is required for that. It maybe more than one
person, I have no idea.
Mr. Walker: It may be.
Ms. Yukimura: But how will you fund it? Are you going to
come to the County for funding? All of those issues are things that, I think, need to
be thought through.
Mr. Walker: Well business men know how to run
businesses, so we have to listen to what they want us to do. I think it would have to
be business driven.
Ms. Yukimura: I think so too.
Mr. Walker: That is the best way to make it and if you
market well enough, like you said, the money will come and to justify the position or
positions as they come up. We are going to look for grants, obviously, to help our
ideas and to make our town very marketable. That is the plan and I agree with you.
Ms. Yukimura: Do you think you folks would look into the
marketing that other "like" facilities have been doing?
Mr. Walker: Just like Guy Ishihara said or tried to do is
market the athletics and sports and we will listen to them because they can see the
benefits. I think everybody will buy into it and we would have to work at their
request.
Mr. Watanabe: Just for the record, we have six (6) written
testimonies that we received on the subject.
LONNIE SYKOS: Good morning and thank you for the
opportunity to speak this morning. I found the presentation to be quite impressive
from the view point on the amount of information that was given to us in a coherent
fashion. But the thing that is lacking in the presentation is the focus on economic
development which is a common occurrence in the economic development activities
that occur through County funding. I u sed
this project and our movie mogul as my
two examples. We are told that aside from the development cost — it is going to cost
us $380,000 a year to run the sports complex or for somebody to run it. If I
understood correctly, we are going to get about $10,000 a yea r in d irect fees. That
leaves an enormous spread here to be cove r ed by s om bod Y which is the taxpayers
in the current conversation. My question is, all of the benefit to the County
economically that is presented by all the visitors coming and being here and
spending money, where is the spreadsheet on the return on investment? See, this is
all p
...marketin g right?ht? The spreadsheet is what matters. I attended the Small
Business Development Course both on Maui and on Kaua`i for developing a small
business. In my Maui Community College Business 101 Law Class there was
about a dozen questions that if you failed any of those questions on the final, you
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COUNCIL MEETING 63 MARCH 27, 2013
failed the class. One of the questions was, the answer to the question is... if it is not
measurable, it is not real. All of the benefit to the County may or may not be true
but where is the measurable return on investment? I have great sympathy for all
the sports kids. When I was in High School, I lived on an island three miles long
and a half a mile wide. I never engaged in a sports activity against kids. We played
in the adult leagues because there were not enough kids to have kid's leagues. Who
knows how good a soccer player I might have developed into had I been in a soccer
program but spearfishing became my deal because that is what was really available
to me. The lack of opportunity and providing that opportunity is very significant
but in business class, it is measurable. I am simply asking that as all of these
business development come to the Council, that the people that are presenting them
should understand that if we cannot measure the benefit, we are not going to fund
it or at least me, the public, I am not going to support it. I am very supportive of
trying to create more opportunity for the youth on the island. In theory, this is a
great idea but in today's economic world, I even object to the statement of fact that
"if you build it, they will come." If they have their own community economic
downturns, they are not coming if they do not have the money. Simply, I am asking
the Council, please, where is the spreadsheet for the ROI? Thank you very much.
Ms. Nakamura: Would anyone else like to testify at this
time?
TEDDY PERREIRA: I am the former Coach of Waimea High
School Varsity Softball Team and thanks to Jon, he hired me, this will be my eighth
year coaching. I am hearing all these negative things. As a coach, I think about the
kids future and a lot of kids... probably a lot of their kids will be playing on that
field. I am not talking about building one in Lihu`e. We got enough things there
already. There are enough things on the Eastside. We got to have things down
Westside. The whole Kaua`i will benefit this, I think. When we run our
tournaments, we got a lot of off island teams, I think this year we had fifteen teams
from off-island coming here, from Maui, Big Island, all over. We might have teams
from the mainland next year because our tournament is on the internet, our High
School Invitational Tournament. I think this will benefit the whole picture. I am
not used to talking to guys like this, on the field I talk but not here...
Ms. Nakamura: There is a question for you.
Mr. Kagawa: I went down this year to the tournament,
down at Hanapepe. How much teams came down?
Mr. Perreira: Thirteen.
Mr. Kagawa: And changing the subject, you take care of
the Waimea Canyon Park now?
Mr. Perreira: One thing too, they talk about the County
workers, we got good workers on the Westside. If you check out our parks on the
Westside, I take care Waimea Canyon Park that is my park. And the amount of
tournaments we get every year, it is a lot. Like the girl said if we bang-bang with
the Waimea Town Celebration, we got to move our tournament someplace else. It is
not even a regular softball field, it is hard.
Mr. Kagawa: Teddy, you take care that park, do you have
a helper with you?
COUNCIL MEETING 64 MARCH 27, 2013
Mr. Perreira: Yes.
Mr. Kagawa: That park is in tremendous condition, I want
to thank you for that.
Mr. Perreira: Just one person.
Mr. Kagawa: Just one person with you. With all the rest
of the phase that you see, in just your opinion, how much workers like you and your
worker... how much additional maybe?
Mr. Perreira: Four guys.
Mr. Kagawa: Maybe four more workers. Thank you,
Teddy.
Mr. Perreira: If we get equipment, we can make the park
nice with good equipment.
Ms. Nakamura: We also have written testimony, would
anyone else like to testify at this time?
Chair Furfaro: Just for the record, I will pass this over, I do
have correspondence here from Dee Morikawa from our House of Representatives in
support of continuing to develop this plan and it just says at the end of her
presentation, "I will do what I can at the State in my capacity at the Legislature." I
just want to put that in the record. Thank you.
Ms. Yukimura: Can we hear the consultants, since we only
have ten minutes left.
Ms. Nakamura: Yes, and the consultants have a flight to
catch back to Honolulu.
Chair Furfaro: I would like to remind members that we
have confirmed times and a public hearing that we must adhere to.
Ms. Nakamura: Yes, you can ask one question
Councilmember Yukimura and then Councilmember Hooser, can ask a question.
Ms. Yukimura: If the cost of oil rises how will tournaments
be affected?
Mr. Kirkpatrick: Well we have seen a version of this in the
last few years. We went through a very difficult time and the extent of
participation of tournaments inter-island and from the mainland went down for a
period and then came back up again. I know best because I participate regularly
and the AYSO Soccer Tournaments that are held at Waipio and we go from before
the recession we would have teams from California, teams from the Bi g Island
r
teams from Maui, a team from Kaua i comin g in. At the worse of the recession the
Big Island came and nobody else did. Right now we are back having Big Island,
Maui and we did not get anybody from Kaua`i this year but we will get there and
COUNCIL MEETING 65 MARCH 27, 2013
some California teams. Yes, changes in the economy do make these go up and down
but they come back up.
Ms. Nakamura: Thank you. Councilmember Hooser, we have
a minute or two before we have to do a tape change.
Mr. Hooser: The estimated operating cost, I was
wondering why you do not have debt service, overhead, or a management line.
Mr. Kirkpatrick: It was looking at and simply to operate the
park complex using the kind of budget figures you have from the Parks &
Recreation Department. You are right I did not include debt service because debt
service is a follow-up to the construction cost. This was operation and maintenance.
Mr. Hooser: Right, but the operation should include debt
service, I would think, that is part of the measuring of cost benefits and overhead
and management. We have more just the employees, there is management, County
overhead...
Mr. Kirkpatrick: Overhead is included, I am trying to
remember, no, I did not have a manager position, you are right.
Mr. Hooser: Right but in terms of a percentage of the
Park Directors and all the other management like any business you would have
some type of overhead, some type of management even if it is a percentage. I would
think you would have debt service also, the debt directly attributed to the project
that you are going to measure cost benefits.
Mr. Kirkpatrick: That is the total cost of the project, yes.
Ms. Nakamura: Unfortunately, we have to do a tape change
and we need to take a lunch break. Our consultants are leaving the island but we
may have some questions later for Parks & Recreation and for KPAA.
There being no objections, the Council recessed at 12:53 p.m.
The Council reconvened at 1:56 p.m., and proceeded as follows:
Chair Furfaro: Mr. County Attorney, may I call you up
please?
There being no objections, the rules were suspended.
ALFRED B. CASTILLO, JR., County Attorney: Just for clarification I will be
looking at Executive Session items number three and four. Okay, thank you.
Council Chair, Councilmembers, good afternoon.
EXECUTIVE SESSION:
(Mr. Bynum was noted Recused from this item.)
ES-612 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4) and (8), and Kaua`i County Charter section 3.07(E), the purpose of this
executive session is to provide the Council with a briefing as it relates to Defendant
COUNCIL MEETING 66 MARCH 27, 2013
County of Kauai in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523
RLP (U.S. District Court), and related matters. This briefing and consultation
involves consideration of the powers, duties, privileges, immunities and/or liabilities
of the Council and the County as they relate to this agenda item.
ES-613 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter section 3.07(E), the purpose of this executive
session is to provide Council with a briefing and request for authority to settle the
case filed by the County of Kaua`i against Hanalei River Holdings Limited, et al.,
filed on May 31, 2011, and referenced in Civil No. 11-1-0098 JRV (Fifth Circuit
Court) as County of Kaua`i vs. Hanalei River Holdings Limited, et al., and related
matters. This briefing and consultation involves consideration of the powers, duties,
privileges, immunities and/or liabilities of the Council and the County as they relate
to this agenda item.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Mr. Kagawa moved to convene in Executive Session.
Mr. Rapozo: Mr. Chair, we do not have five.
Mr. Kagawa withdrew his motion to convene in Executive Session.
Chair Furfaro: May I ask Mr. Bynum to come back in for
ES-613, please, so that I have five people for the vote. We are voting on ES-613,
Mr. Bynum.
Mr. Rapozo moved to convene in Executive Session to discuss ES-613,
seconded by Mr. Kagawa, and carried by the following vote:
FOR EXECUTIVE SESSION: Bynum, Kagawa, Nakamura,
Rapozo, Furfaro TOTAL— 5,
I
AGAINST EXECUTIVE SESSION: None TOTAL 0
EXCUSED & NOT VOTING: Hooser, Yukimura TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: Five ayes, very good. Is there anyone in the
audience that would like to testify on ES-613?
There being no objections, the rules were suspended.
Mr. Sykos: Actually, it is not on 613 directly but after
the Executive Session do you have more public business to attend to today?
Chair Furfaro: Yes, plenty.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: You should pack a sandwich on that note.
This is very discouraging, I mentioned three times today how full our agenda was
and how much extra time I gave on these other items and we do not have enough
COUNCIL MEETING 67 MARCH 27, 2013
people to vote without going back into session to vote on the next item. How about
the third Executive item, can we read that now since Mr. Bynum can participate
with us on that? Mr. County Attorney, may I ask you to come up again? Eddie,
have you look through the building to find out if we have all members in the
building actually present? Can you check again for me?
There being no objections, the rules were suspended.
Mr. Castillo: Mr. Chair, we have two additional Executive
Session items that I could read and I could... depending on the order, I could call my
Deputy's to come over.
Chair Furfaro: Okay, I would like to do ES-613 first but I
want to get through all of the Executive Session postings that we can, so we can
continue with our business.
Mr. Castillo: I will continue with one and two. Council
Chair, Councilmembers, Al Castillo, County Attorney. Another matter for your
consideration is ES-610 and ES-611.
ES-610 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-
5(a)(4), and Kauai County Charter Section 3.07(E), on behalf of the Council, the
Office of the County Attorney requests an executive session with the Council to
provide the Council with a briefing related to the procurement matter and
recommendations as stated in the Management Advisory Report Finding 12-01
"Review Purchasing and Procurement Process of Independent Contractors," and
related matters. This briefing and consultation involves the consideration of the
powers, duties, privileges, immunities and/or liabilities of the Council and the
County as they relate to this agenda item.
ES-611 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-
5(a)(4), and Section 3.07(e) of the Kaua`i County Charter, the Office of the County
Attorney requests an executive session with the Council to provide the Council with
a briefing on the retention of special counsel to represent Defendant Chris Calio in
Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. 13-1-0049 JRV (Fifth Circuit
Court), and related matters. The briefing and consultation involves consideration of
the powers, duties, privileges, immunities, and/or liabilities of the Council and the
County as they relate to this agenda item.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Mr. Rapozo moved to convene in Executive Session to discussion ES-610 and
ES-611, seconded by Mr. Bynum.
The motion to convene into Executive Session to discuss ES-610 was then
put, and carried by the following vote:
FOR EXECUTIVE SESSION: Bynum, Kagawa, Nakamura,
Rapozo, Furfaro TOTAL— 5,
AGAINST EXECUTIVE SESSION: None TOTAL — 0,
EXCUSED & NOT VOTING: Hooser, Yukimura TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
COUNCIL MEETING 68 MARCH 27, 2013
The motion to convene into Executive Session to discuss ES-611 was then
put, and carried by the following vote:
FOR EXECUTIVE SESSION: Bynum, Kagawa, Nakamura,
Rapozo, Furfaro TOTAL— 5,
AGAINST EXECUTIVE SESSION: None TOTAL— 0,
EXCUSED & NOT VOTING: Hooser, Yukimura TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: We have five ayes. What I am going to do is
I am going to send out some people to find the other Councilmembers so we can take
care of this business at the designated time that we mutually agreed. So, we are
going to be in a recess. That is a brilliant idea, Jade, thank you. Let us just
continue with some business. Oh, no, here we go. I am now going to excuse
Mr. Bynum.
(Ms. Yukimura was present in the Council Meeting at 2:05p.m.)
(Mr. Bynum was Recused from ES-612)
Mr. Rapozo moved to convene in Executive Session to discuss ES-612,
seconded by Ms. Nakamura, and carried by the following vote:
FOR EXECUTIVE SESSION: Kagawa, Nakamura, Rapozo
Yukimura, Furfaro TOTAL— 5,
AGAINST EXECUTIVE SESSION: None TOTAL — 0,
EXCUSED & NOT VOTING: Hooser TOTAL — 1,
RECUSED & NOT VOTING: Bynum TOTAL— 1.
Chair Furfaro: Okay, we are going to break, we have time
specific on two items with two different attorneys. Let us go into Executive Session.
There being no objections, the Council recessed at 2:06 p.m.
The Council reconvened at 4:14 p.m., and proceeded as follows:
Chair Furfaro: We have actually finished two out of forty-
seven items on the agenda. So, I think we are making some progress. I would like
Bpi
to take the Resolution that deals with the Fuel Tax first and then we will go back to
Diane in Parks and after that we will try to finish some of the other
communications. We have a lot of work in front of us here and tomorrow morning
we start with budget. That is one of the reasons, I think, the agenda is so full
because we are ready to go into budget mode. Can we read the Fuel Tax piece?
e
Y g g p
Resolution No. 2013-47, RESOLUTION DETERMINING THE COUNTY OF
KAUAI FUEL TAX RATE AND REPEALING RESOLUTION NO. 2004-06,
DRAFT 2: Mr. Rapozo moved to receive Resolution No. 2013-47 for the record,
seconded by Ms. Nakamura.
Ms. Yukimura: Are we on the Resolution or the
communication?
COUNCIL MEETING 69 MARCH 27, 2013
Mr. Rapozo: The Resolution.
Ms. Yukimura: So, we are wanting to kill this Resolution?
Chair Furfaro: I think you speak to the Chair. Which do
you want to do and then I will have them reread it. Do you want to deal with the
communication again?
Ms. Yukimura: I just want to be clear that we are dealing
with the Resolution itself?
Chair Furfaro: Yes.
Ms. Yukimura: And I hear a motion to receive?
Mr. Rapozo: I did not hear anybody make a motion, so I
made the motion to receive because I do not plan on supporting any fuel tax
increase. I did not hear anybody make a motion, so I made the motion to receive
which would kill it.
Ms. Yukimura: I would like to make a motion to approve
unless we want to go through this vote first on a motion to receive.
Mr. Rapozo: We can have discussion.
Chair Furfaro: We can have discussion on the motion to
receive.
Ms. Yukimura: Mr. Chair, I have an amendment to the
Resolution and I cannot really talk about it unless there is a motion to approve.
Mr. Rapozo: I suggest we have the discussion and then we
can call for the question on the receipt and if it fails then be free to make your
motion to approve and amend.
Ms. Yukimura: Mr. Chair, I want to speak against the
motion to receive. This is combined with the Bill that would... we need both the
Resolution and a Bill to increase fuel taxes. This is a proposal from the
Administration so that we can cover our costs. It is about paving our roads in
preventive maintenance mode and if we do not pave our roads, the costs will be
greater in the long run. It is like if you do not service your car regularly, you
eventually have to reconstruct your engine and it is far more than the cost of
regularly servicing your car. Beyond that I have with me this past Sundays Star
Advertiser about Road Woes where it talks about how the people of the City and
County of Honolulu are dealing with potholes and very bad roads. It says that
Honolulu has the third of large cities... has the third worse roads in the Country
and that in Honolulu, thorn up pavement is costing each Honolulu motorist
between $600 and $700 each year in repairs, new tires, and added fuel. If we do not
cover our repaving costs, we are condemning our people, our motorists to this
situation which is not saving them any money at all. I think the increase in fuel
taxes, I believe the Mayor's message said that it will cost $7.00 a year more. Is that
right Steve?
COUNCIL MEETING 70 MARCH 27, 2013
Chair Furfaro: You cannot talk from there, Steve. JoAnn,
do you want to call Steve up?
Ms. Yukimura: No. I believe it is something like that versus
hundreds of dollars in repairs of cars, it does not make sense. The fuel tax is
something that will be paid by visitors who make up 20% of our defacto population.
They do not pay the cost of maintaining a car everywhere so we are avoiding
collecting moneys from them and then on top of that my hope is that part of the fuel
tax increase will also go to expanding the bus services which right now we are not
able to accommodate the existing need. The buses are so crowded that people are
unable to board the bus and have to wait for another hour. Both bikes and bus
passengers are not able to ride the bus when they need it. We approved this multi-
modal land transportation plan but it is meaningless if we do not have moneys to
move it forward. At minimum, we need to at least have a discussion, we need to
hear the public's input on this, and we need to hear it from the Roads people and
the Transportation people what their needs are and we have not gotten to those
hearings yet. I think we need to at least pass the Resolution and Bill on first
reading in order to at least have public discussion on this matter. That is all I am
asking.
Mr. Rapozo: First of all, I disagree that if we do not raise
the fuel tax to two cents a gallon, we are condemning the people. I think that is an
offensive statement actually. I think what is condemning people is this consistent
increases in taxes and fees. The Fuel Tax — it is a 15% increase. I am not
comfortable at all in looking at what came over today and really we have not heard
from Roads, we have not heard Transportation and if I was from the Administration
trying to push this Bill, I would be here today. I would be here today to promote the
reason why we need to pass this Bill and they are not here. I understand the
normal process is first reading, public hearing... I can tell you that I have spoken
since the budget message came out, I have not spoken to one member of this
community that said, "yes, Mel, I support the Fuel Tax increase." I have not heard
that. Rarely do I oppose a first reading Bill but I will today because I believe in m
Y pp g Y my
opinion when you look at the increases that are coming up that is going to be on the
shoulders of our community, our citizens, and taxpayers and yes, to some extent the
0 15% 52% 0
tourist — 13/o to 15/o increase, 5 /o 2 vehicle weight tax, 41/o... I mean it is
outrageous. When you look at the reductions in expenditures that came across in
the budget, I am not satisfied and I am not comfortable. We are taxing more and
not cutting enough and there may be a point in time in this budget process that we
may have to look at tax increases but not now. I am not comfortable and I am not
going to support any increases in the fuel tax or any of these other taxes until I am
satisfied that the Administration made enough cuts in expenditures and not just by
dollar funding positions because that was a small amount compared to our budget.
I am not going to support any tax or fee increases at this time.
Chair Furfaro: Mr. Hunt since I see you in the crowd, may I
ask you to come up?
STEVEN A. HUNT, Director of Finance: Thank you, Chair.
Chair Furfaro: Are you holding the promotional idea of
supporting the tax increases that the Mayor is planning to have to having
presentations on the rationale behind it?
COUNCIL MEETING 71 MARCH 27, 2013
Mr. Hunt: I know there is a revenue session during the
budget hearing process.
Chair Furfaro: That is a revenue session that I have set up
as my first time as Chair and we will follow that. Is that when you are planning to
market and promote this increase?
Mr. Hunt: This will also be discussed in the overview
tomorrow.
Chair Furfaro: Well, tomorrow we will start with my
overview and I will have some surprise commentary for you folks but you are going
to plan to address it in the subsequent part of the day?
Mr. Hunt: I hope to be able to satisfy that, yes.
Chair Furfaro: Okay. It is very unusual for us not to
approve something on the first reading and because this is a tax, it is based on a
Resolution and an Ordinance. I probably will want to support it so we can have the
discussion. Hear me again, I would support it so we can have the discussion. I want
to make sure we also understand that you cannot arbitrarily say that visitors
have... do you know how many registered cars are on this island?
Mr. Hunt: I do not know off-hand.
Chair Furfaro: 79,380 and the population is 68,000. How
many of those cars are intended for visitor uses? Less than 7%. So, it will not be as
if the visitors are paying that whole tax, is what I am saying. The ratio does not
come out proportionately and by the way the 79,380 number I shared with you — it
does not include trucks, commercial trucks, trailers and we only have 68,000
population that is all of my grandchildren now being able to drive a vehicle. That is
a real concern that we have that many vehicles here. You are planning to give us
your point of view in tomorrow's overview?
Mr. Hunt: Yes.
Chair Furfaro: And for that reason, I will not be supporting
the move to receive. I just want to make sure that you are making a marketing
effort to sell your concept.
Mr. Hunt: And if I can just add specific to the fuel tax,
one of the audit findings related to that was specifically resurfacing island wide
resurfacing which had been funded out of CIP bond and the audit findings that this
was repair and maintenance. That had been moved to operations; again, it is
moneys that are now affecting the operational budget that had to be accounted for.
Chair Furfaro: But in all fairness we used CIP Capital Bond
money for repair and maintenance on Roads because we never were able to do any
of the roads in a 7 year cycle as recommended because we do not collect enough. I
just wanted to make sure I understand that you are going to sell your point of view
to us right around the corner here?
Mr. Hunt: Yes.
COUNCIL MEETING 72 MARCH 27, 2013
Chair Furfaro: Thank you very much.
Mr. Bynum: I just wanted to point out that this
Resolution is not a final decision, it goes to public hearing, it is just a process that
puts this particular fee proposal, so if you vote for this Resolution today, you are not
voting for this fee to increase. It can be no fee, it can be increase, or decreased by
this Council during our budget process. I respect Councilmember Rapozo's right to
put whatever motion that he wants but if we are going to start debating each one of
these things at Resolution and at the Bill and at the Public Hearing, we are... if we
are going to have a vote to receive, I suggest and probably the next one will be the
same, it is the same thing. Let us figure out which Councilmembers are willing to
go with the regular process of putting this forward and making decisions in the
{ process that we normally do so we do not belabor this too much today.
Chair Furfaro: I do not plan to...
Mr. Bynum: I am going to move to approve this and this
is not the final decision. This Resolution does not get decided today, it just moves to
public hearing.
Chair Furfaro: Not to confuse everybody but a motion to
approve is not on the table. So, if you want to approve it, you got to vote against the
motion to receive.
Mr. Bynum: Right. I would suggest calling for the
question.
Mr. Kagawa: It is an easy decision for me. I just filled up
gas yesterday and the price of gas was about $4.50. I cannot see increasing it
fifteen cents at this time. It is ludicrous. I think we need to find other sources of
getting that kind of revenue if we needed to balance our budget and I would be
supporting the motion to receive, thank you.
Chair Furfaro: I would like to get to a point that I can call
for a vote here on the motion that was made. And correct me, the Administration is
talking about two cents?
Mr. Hunt: Two cents, correct.
Chair Furfaro: I think a Councilmember wants to introduce
an amendment that adds another two cents to get it to four but that is not the item
right now. I look forward to your rationale tomorrow.
II
Mr. Hooser: Tomorrow's meeting is appropriate or
inappropriate if this was deferred to tomorrow's meeting to hear their discussion?
Chair Furfaro: It is robabl not appropriate to defer it to
p Y
tomorrow's because tomorrow is the opening of the presentation. The format we
follow now is the Chair has commentary about an evaluation of what they
submitted and then we go to the Mayor's presentation.
Mr. Hooser: As I sit here today and I am not sure
whether I will be supporting the motion to receive or not. I do not imagine myself
voting in support of raising the fuel tax. One side of me wants to go ahead and say
COUNCIL MEETING 73 MARCH 27, 2013
that right here and let us move on and not go through the motions and take all that
time. The Mayor is coming to us to raise fuel taxes, property taxes, bus fares, every
single thing under the sun, I believe, except for golf green fees or something. We
started our discussion today at this table with the brief discussion about the
management of the Administration and the weaknesses of that management.
During the course of the day it became a reoccurring thing. I do not want to raise
fees just because we are not managing our money properly and that is the feeling I
get right now after being briefed by the Administration and after being here for
three or four months on the Council. To start off the bad voting to raise taxes, even
though this is... one could argue it is just a parliamentary move to move it forward,
it is still a vote "yes" on the issue. It is very difficult and it is a reoccurring theme. I
am not into this raising taxes because we have not managed our money properly
and that is what I feel at this moment. Until the Administration or others prove
differently, that is what my position is going to be.
Chair Furfaro: I just want to make sure that we all
recognized that let us be very sensitive to these quick assumptions you just made
here. I do not necessarily think it is all about not managing our money, and I am
directing that to the Administration. We all forget the wish list, how quick we have
done things and have spent money. You know where the bus is at right now
compared to 2009, the bus operation is $2,000,000 high than what it was in 2009.
There are 46 additional employees there and this Council voted it that has nothing
to do with this quick comments about what Finance is not watching. Do I agree they
need to watch a lot more, certainly, because they will hear from me tomorrow. We
just got the first six months of the financial statement two weeks ago. How do we
manage something on a regular monthly basis when we cannot see the financial
picture? Shame on them. Shame on them. We have not gotten a forecast for the
roads and the building permits till just last week, they were nine months behind.
There is a lot of short comings that I can direct at them as well. But I want to make
sure that you folks will be that critical, remember the things that you approved too.
$2,000,000 additional operating expenses for the bus and I will go through that
tomorrow. Your comments are well taken but let us make sure that we all take
inconsideration the things that we said, the community needed it and we voted for
but to kill a Resolution at first reading so that we do not have a format to have
healthy discussions on the pros and the cons, I do not think it is fair. That is all I
am saying, I am not saying I am for a fuel tax increase. That is what I will be
making my presentation in the morning to give a general overview of what is going
on, all the moving parts, and I did that for 38 years of my business career. If there
are no further discussion, I would like to call for a vote on this.
Ms. Yukimura: I just want to explain and it was explained to
me by Staff, the motion would be to approve and then to amend and then we decide
whether to amend or not. If we amend or if we do not amend, and if we so choose as
a majority, we would then send the Resolution to Public Hearing, that is only way
we can raise or increase the taxes or decrease if we want to. This is not a
commitment to raise any of the fuel taxes, it just begins the process that is
dovetailing with our hearings from the Administration and Councilmember Hooser,
this is your first budget, right, since you were elected? So, for the last three or five
budgets, we have had the Roads Division come before us and we have had many
question about how they are assessing roads and how many miles they have to
pave every year in order to do preventive maintenance. We have not gotten very
satisfactory answers but in the last budget session, they told us about this new
software, they promised that they would bring back to us this year a plan for
resurfacing...
COUNCIL MEETING 74 MARCH 27, 2013
Chair Furfaro: Okay, I want to caution us. We are getting a
lot farther along in this Resolution. The agenda item right now is the Resolution,
JoAnn.
Ms. Yukimura: Yes, but bottom line...
Chair Furfaro: If you are going to talk about all of the
particulars in technologies and so forth, that is a little beyond a Resolution.
Ms. Yukimura: I just wanted to address Councilmember
Hooser's concern about management which I share. But we have not heard and if
they have a system for doing preventive maintenance on an ongoing way, we may
need to raise the taxes. All I am trying to do is preserve the option until we have
heard all the information we need to hear and then make the decision but we
cannot raise the fuel tax without this process. If we wait till we do budget decision
making to introduce a Resolution, it will be too late and that is why we need to start
it now.
Chair Furfaro: I agree with you. I do not want this thing
keeps spilling over into budget and technology issues. Mr. Rapozo has the floor and
then I am going to call for the vote.
Mr. Rapozo: I understand the process completely. There
are certain things that I am comfortable with. This Resolution and the Bill will
raise fuel tax, and I am not going to support it. We went through a whole year
without paving any roads. I am shock to hear Councilmember Yukimura even
proposing an increase in the fuel tax. I am thinking two cents is too much and I
have a right to my vote, I have a right to kill it at first reading or at the initial
posting and that is what I plan to do. I understand Councilmember Yukimura
trying to convince us to change but I just want her to understand that I am fully
aware of the process, I am fully aware that we need this to pass to go to the public
hearing. My position is that I am not going to support it and I have yet to hear a
person in the community come up and say "Mel, please raise the Fuel Tax" or "I
support the Fuel Tax." Everybody is having a hard time and I am not going to
support it at first reading, second reading or whatever... if in fact that is the mutual
or the consensus of this Council, then it ends today. It is the democratic process, I
do not have a problem with that but I am not supportive of any of these taxes to be
increased.
Chair Furfaro: On that note, I am going to call for the vote.
I just want to remind you that my commentary on this is based on the fact that I do
r
not want this Council to start getting g g in a p osition that we kill items on the first
reading. That is not fair to us that is not fair to the introducer that is not fair to the
public when they want to give testimony.
The motion to receive Resolution No. 2013-47 for the record was then put,
and carried by the following vote:
FOR RECEIPT: Hooser, Kagawa, Rapozo TOTAL — 3,
AGAINST RECEIPT: Bynum, Nakamura, Yukimura,
Furfaro TOTAL — 4,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL— 0.
COUNCIL MEETING 75 MARCH 27, 2013
Ms. Yukimura moved to approve Resolution No. 2013-47, seconded by
Mr. Bynum.
Ms. Yukimura moved to amend Resolution No. 2013-47 as circulated, as
shown in the Floor Amendment which is attached hereto as Attachment 1,
seconded by Mr. Bynum.
Ms. Yukimura: Number one of this amendment make clear
the purpose of the Resolution and then suggest that four cents of the whatever is
the total amount of County Fuel Tax would be used exclusively for the improvement
and operation of the Kaua`i Bus. It proposes one cent more above the Mayor as the
proposed increase and then a cent next year and two cents the following year. I
propose these amendments not to get any commitment to do the actual proposed
taxes but to give us the option after we have heard the Departments come forth and
have a chance to hear what their needs are and how they would achieve them.
Then to have the option as I said, the process that is prescribed in the Hawai`i
Revised Statutes (HRS) requires a process that takes two months and if we do not
start it now, we will not be able to act in a timely way at the time of budget decision
making. All this is to give us some flexibility to act appropriately after we have
heard the Department Heads and the Divisions report to us about their programs.
If I can just read the first paragraph of the purpose statement, "Whereas, the
purpose of this resolution is to ensure the long term viability of both the county
road system and the public bus system, to reduce auto maintenance costs to the
driving public by providing better roads, and to meet the growing demand of bus
services that will help to reduce vehicular traffic on the roads as well as fossil fuel
consumption, greenhouse gases, and household transportation costs." That is what
these amendments help to clarify.
Mr. Rapozo: Mr. Chair, I have a question for
Councilmember Yukimura.
Chair Furfaro: Yes, you have the floor.
Mr. Rapozo: I am confused Councilmember because in
earlier discussion you said the additional two cents prior to your amendment was
going to be used for paving roads. In your amendment, next year three cents it will
go up, the following year one cent, which takes it to four cents but you are saying
the four cents will be used exclusively for the improvement of the bus.
Ms. Yukimura: And if the Council so desires...
Mr. Rapozo: No, no... this is what your amendment is
saying.
Ms. Yukimura: That is because I am trying to give us the
outer limits and so if the Council wants to reduce it to three or zero or one, that will
be our option but we can go up to four.
Mr. Rapozo: My question is your justification for voting
against the motion to receive was that the two cents per gallon, you said it was
going to be... it was a condemnation to the people if we did not support it because
their roads would not get paved. All the increase here will go to the bus.
COUNCIL MEETING 76 MARCH 27, 2013
Ms. Yukimura: If you want to amend the amendment, you
can do that now.
Mr. Rapozo: You are missing my point.
Ms. Yukimura: No. You do not see my point either.
Mr. Rapozo: Because you switched it.
Chair Furfaro: One motion, Mr. Rapozo has the floor and I
did not get authorization to you folks to have dialogue across the table while I sit
here and try to read what you actually said. Mr. Rapozo, you have the floor.
Mr. Rapozo: All I am saying is that Councilmember
Yukimura said that we needed the two cent increase because the roads were not
getting paved and it was a vote against the people if we did not support the two
cents increase. But she is proposing a 6% increase over three years but the next
two years of four cents a gallon would go exclusively for the improvement and the
operation of the Kaua`i Bus, not to the roads. Obviously, I will not be supporting the
amendment but this is a six cent per gallon increase over three years. Obviously, it
is something I cannot support.
Chair Furfaro: Councilwoman, I have some questions for
you. I see these increases three cents, one cent, two cents in the year 2013, 2014
and 2015. In the summary here of that six cents, four is for the bus and is two for
the roads?
Ms. Yukimura: Actually if this thing passes, it would be four
is for the bus and...
Chair Furfaro: Two for the highway?
Ms. Yukimura: Thirteen is for the roads because the total
tax will be... so, if we choose not to increase the fuel tax at all...
Chair Furfaro: Just my question is... I have the floor. It is
three cents in 2013, it is another penny in 2014, it is another two cents in 2015, a
total of six cents. The next sentence says and four cents of the six will be used for
the bus. Is the other two cents for the roads, is that your intent?
Ms. Yukimura: You mean the two cents that Mayor is
proposing.
Chair Furfaro: No. That is in this amendment.
Ms. Yukimura: Oh, I see. Yes, it is two cents plus whatever
is remaining, because there is already, right.
Chair Furfaro: Thank you. You answered my question.
Ms. Yukimura: I see what your question is, I am sorry.
Chair Furfaro: Mr. Kagawa, you have the floor.
COUNCIL MEETING 77 MARCH 27, 2013
Mr. Kagawa: I will not be supporting this amendment. As
I stated earlier, the price of gas is just outrageous here on Kaua`i and it is going to
get worse. The people have been paying more over the past fourteen years. It has
gone up probably from $3 a gallon to now almost $5 a gallon, so the amount of tax
has been paid more and more. Now, we want to add more to that? That is
ridiculous and the people will continue to pay more because they accept by this
summer the price of gas will be $5 a gallon. I will not be supporting this
amendment, I again, will be voting no on this Resolution.
Mr. Bynum: I thought we were starting budget tomorrow
but I guess it is today. Again, the Mayor has presented us a budget as he is required
to do that has enough revenue for the expenditures. This is the first day of that.
He is suggesting lots of things in terms of revenue and at some point we are going to
have a full debate and we are going to decide what is the proper mix, which is our
role. I do not want to preclude any of our options at this point in the process. I am
going to support this amendment because it gives us more options. I may not choose
to support any increase in the fuel tax but if we get down later in the process and
we have very difficult... I am telling you that we have difficult decisions to make
this year because our revenues are down eleven and a half million every year
compared to four years ago. More than $30,000,000 of less revenue, taxes have gone
down for every category of taxpayers except the residents who live here. If I have to
choose later whether I want to lay off four policemen or increase some revenues and
take back some of the revenues that we lost over the last four years in order to keep
our community safe, I want that option. I want the mix of how we fund our needs. I
do not want to preclude us on what was for many years just been a routine thing to
put this into the budget process. It would be irresponsible to cut off these options, in
my opinion. I am going to support the amendment but it does not mean I would
support every aspect of this when it comes to it but I want the options.
Chair Furfaro: We have the amendment that has been
circulated with some verbal clarifications and go to first reading. May I ask for a
roll call on the amendment?
The motion to amend Resolution No. 2013-47 as circulated was then put, and
carried by the following vote:
FOR AMENDMENT: Bynum, Nakamura, Yukimura,
Furfaro TOTAL— 4,
AGAINST AMENDMENT: Hooser, Kagawa, Rapozo TOTAL — 3,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Chair Furfaro: I vote aye for the purpose of having further
discussion. Now, we will go to the main motion as amended.
Ms. Yukimura moved for passage of Resolution No. 2013-47 as amended, on
first reading, that it be ordered to print, that a public hearing thereon be
scheduled for April 24, 2013, and that is thereafter be referred to the Housing
& Transportation Committee, seconded Mr. Bynum, and carried by the
following vote:
FOR PASSAGE: Bynum, Nakamura, Yukimura,
Furfaro TOTAL— 4,
AGAINST PASSAGE: Hooser, Kagawa, Rapozo TOTAL — 3,
COUNCIL MEETING 78 MARCH 27, 2013
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: I would like to turn to the item that we
suspended prior and go and give the floor to Council Vice Chair Nakamura. If you
can continue with the earlier piece.
(Chair Furfaro, the presiding officer, relinquished Chairmanship to
Ms. Nakamura.)
Ms. Nakamura: We have here Diane Zachary from the Kaua`i
Planning & Action Alliance and Lenny Rapozo, Director of Parks & Recreation.
Unfortunately the other two consultants had to take a flight back to Honolulu, so
thank you for returning to our session.
Ms. Yukimura: Is Mr. Costa going to be here?
LEONARD A. RAPOZO, JR., Director of Parks & Recreation: This morning
he said that where he lives he was not able to cross the bridge. I am not sure if he
had come across since then. That is why has been missing all day.
Ms. Zachary: I listened carefully to the comments and
questions that were raised earlier following the presentation by the consultants.
There were just a few points that I wanted to make just to provide a little bit of
clarification, I hope. One is just to reinforce the idea that... and until we knew
what we were talking about in terms of possible land area and what the
configuration of the sports complex might be, it was really hard to think about
negotiating with the landowner. We certainly had the participation of the
landowner in the Steering Committee Meetings but obviously in order to move
forward at this time, there has to be discussion with the landowner related to what
they really want, the price, whether it is a lease arrangement or purchase or
whatever it might be. That is certainly would be an important next step. Another
step that was certainly mentioned that I think will address a number of the issues
that were raised related to issues such as traffic impacts, is the environmental
assessment. If you remember Glenn's presentation, in terms of next steps, that EA
was really an important one. As you recall the proposed master plan is in phases
and I will come back to the concept of phases in a moment. It is suggested that an
EA be done in all of the phases so that we really see what would be the
accumulative impact if all of those phases are built out. The number that I have
heard of what an EA might cost to do that is about a $150,000. Back to the issue of
phases, part of the reason that it was developed is to show what those phases might
be is, it was absolute recognition on the part of the community, consultant and
certainly on the part of KPAA. The funds at this time are simply not available to
but over time there may be time to build the project and
say let us built this project b y p t
it does not have to be done all at once. It can be done piece by piece as funds become
available and it does not all have to be County money there maybe State money
for portion of it, for example, the portion that is adjacent to the
that is available o a
p p p adjacent
School, used by the Elementary School it would be logical that State
available for that. There is a possibility of Federal funds that
funding might be ava p y
could be brought into play particularly title nine money's, for example, if we are
getting really creative maybe even a possible of some private dollars. I think the
idea of phasing we have to keep in mind because it does not seem like quite such a
big bite if you look at it by pieces but the total price tag, totally agree, seems very
Y Yp p g
Y g Y
question large. The uestion was asked in terms of whether the community would continue
III
COUNCIL MEETING 79 MARCH 27, 2013
to be a champion of this and I met with the Steering Committee about a little less
than two weeks ago, I guess, and they have the absolute commitment to continue to
meet and continue to be champions of this project, trying to get it to move forward,
and also once it is constructed to be champions to marketing it and having it be
used. They recognized it needs to be very well used for us as a community to justify
the cost but for also to p rovide benefit to that area and the island as a whole. The
Stee rin g Committee has developed a structure for it to meet and for its decision
making, membership, and I am very impressed with the commitment of that group.
I did want to mention very specifically that the West Kaua`i Business and
Professional Association actually passed a Resolution in support of the complex
feeling that it would be something that would provide tremendous benefit to the
community overall. Lastly, thinking back to the presentation made by Doctor
Agrusa when we were talking about the overall, the impact of sports and recreation
on the island, one of the things that he talked about is if you really want to attract
people not only to participate in events but also to be spectators at the events that
you are hosting, that you think of some wrap around activities in order to make it
really enticing for them to come. That idea is a great one and I actually have been
working with the Arts & Culture community, I had mentioned that to them and
that got them very exciting. They could absolutely see the possibility of developing
and marketing in a partnership with sports and recreation events, different Arts &
Culture activities that together was a package would be very enticing for people to
come to the island. I just wanted to mention those points and hopefully that
provides a little bit of clarification.
Ms. Nakamura: Thanks for describing the potential synergies
for these different clusters.
Mr. Bynum: I am still trying to figure out how this turned
into a feasibility study for a sports complex in Waimea, what I remember funding is
a feasibility study for the economic impact of a sports and fitness on the island. To
me, that would have looked at all areas of the island and pros and cons. Can you
explain to me how it turned into a focus specifically in Waimea, I would appreciate
it.
Mr. L. Rapozo: I thought that component was done with
Doctor Agrusa. I thought that it was his function. This particular...
Mr. Bynum: You are talking about the initial funding was
for CEDS - Sports Study, I do not recall anything when we gave funding that it was
specific to the Westside, so I am trying to figure out how that happened. If you
cannot answer it now, getting it in writing will be fine.
Mr. L. Rapozo: My understanding was that the funding was
specifically for this particular project because for one thing when we did the master
plan for Parks, this is pretty much the master plan or what the community had
dreamed about. No other community on the island had come up with something
like this, of this nature, island wide. The community came to the plate, they stepped
up, they wanted to see this dream start to move forward and that was part of the
moneys from the CEDS that were used from this project.
Ms. Nakamura: When the Council first approved funding for
a sports and recreation initiative, the thinking of the time was to pursue a multi-
use arena in Lihu`e. That was the original intent. I think the Administration had
COUNCIL MEETING 80 MARCH 27, 2013
some concerns about making that an initial priority because of a lot of things that
were on their agenda that were priorities at the time. The thinking was let us not
move on that specific facility but let us look at others under the category of sports
and recreation. In the meantime the Department of Parks & Recreation Master
Plan was being worked on and in those decisions this surfaced as a desire and need
on the Westside. It was under the category of sports and recreation, that is how the
funding evolved.
Mr. Bynum: I still would like to flush that out more
clearly.
Ms. Nakamura: I think the better person to ask would be
George Costa and he is not here but we can send it over in writing.
Mr. Bynum: This is not the first time that we did a sports
complex master plan, you have seen the Vidinha Stadium Master Plan?
Mr. L. Rapozo: Yes.
Mr. Bynum: Has any of that been implemented in the
twenty years since that plan was done?
Mr. L. Rapozo: The one that done in the 70's?
Mr. Bynum: Yes.
Mr. L. Rapozo: No. Part of it had been done. The football
stadium and the baseball field, that part was a part of the whole master plan. The
other part of...
Mr. Bynum: I think those were there when this plan
was...
Mr. L. Rapozo: No. That was part of the master plan. The
rest of it with the 10 tennis courts, the gymnasium, and the Olympic size swimming
pool, that part has never been implemented.
Mr. Bynum: I think we are in a really difficult position
because... is there going to be a sports complex built in 2014?
Mr. L. Rapozo: No.
Mr. Bynum: But it was on the headlines of the Garden
Island twice.
Mr. L. Rapozo: I cannot control what the Garden Island
prints.
Mr. Bynum: Lenny is there any money in this current
year CIP budget for Waimea Sports Complex?
Mr. L. Rapozo: No.
COUNCIL MEETING 81 MARCH 27, 2013
Mr. Bynum: Is there money in the 6-year CIP plan for a
Waimea Sports Complex?
Mr. L. Rapozo: No.
Mr. Bynum: So I am very concerned when the community
sees multiple headlines, letters to the editor from high level County officials saying
we support this plan, it is going to be built in 2014 and there is absolutely not one
penny of funding for this project.
Mr. L. Rapozo: I have never said that and if the Garden
Island said that then they need to correct that and restate that.
Mr. Bynum: The Parks Master Plan has an analysis of
our current recreational facilities based on the population and communities needs,
am I correct?
Mr. L. Rapozo: It was not based on community needs but
what a community wants. The Parks Master Plan was...
Mr. Bynum: I thought it was based on national standards
for capitol facility.
Mr. L. Rapozo: In terms of what the facilities are there but
part of the master plan was to go to each community and what did you want to see
in Parks? What do you want to see? This was part of it.
Mr. Bynum: Is an element of the master plan an analysis
of our current inventory compared to national standards for needs?
Mr. L. Rapozo: Correct.
Mr. Bynum: This was presented here at Council.
Mr. L. Rapozo: Yes.
Mr. Bynum: And what we were told was that by that
objective analysis, the Westside has the best, highest number of facilities per capita
when you compare it to L.ihu`e or Kapa'a and particularly the North Shore, and so I
know there is baseball fields in Kaumakani and Waimea soccer fields, there are
soccer fields and baseball fields in Kekaha and there is one soccer field and one
baseball field that is the same that the County has on the North Shore. I am
concerned about how we say to the North Shore, "you have almost no facilities for
use and a population similar to the Westside that has a half a dozen or more fields."
I agree with everything that was said here about the nature of the Westside today,
totally committed to sports, tight community, really behind this. It would be
wonderful but I do not think we should be saying to the community that this is
going to happen when we do not know if that is the case. We have a responsibility
in my view to see that County resources are equitably distributed to all site portions
of the island. There has been many people who wanted to bring tournaments here
and in the past our County has put money into the budget to do that but those
things have not come to fruition in five or six years.
Ms. Nakamura: Excuse me...
COUNCIL MEETING 82 MARCH 27, 2013
Mr. Bynum: I just wanted to lay those things out. I am
done.
Ms. Nakamura: Councilmember Bynum, excuse me, but it is
just been brought to my attention that we are going to lose quorum in a half an
hour. We need to get to some of the items that require full participation.
Mr. Bynum: I am fine with that, I am done.
(Ms. Nakamura, the presiding officer, relinquished Chairmanship to Chair
Furfaro.)
Mr. Bynum: One last piece, I just did not think it was fair
today to have all these people come here and not give some sense of what our
legitimate concerns that are not being discussed.
Mr. L. Rapozo: There concerns that you have but they are
fully engaged, people that are here that sit on the Steering Committee, they know
that the next step is the EA. In order to have EA, we need to have site control and
that is part of the ongoing discussion that we have with Kikiaola. The letter that
you got from Kikiaola, I just got that today just as well as you.
Mr. Bynum: I will not go further with it today, Lenny.
Chair Furfaro: Let us leave it at that because we have
business, we went in Executive Sessions and so forth today and I need a vote taken
on those. Lenny, you folks are welcome to be right there in the event that we have
someone else come up to testify but I do not want to lose quorum on things that we
vote on today. We are going to recess this topic item. Jade, I want you to announce
the page number and the item. Before we do I want you all to remember, Parks
money is delegated not evenly across the board. It is delegated by five park districts
of which assessments are made to go into a special district for parks. Waimea and
Hanalei is not the same. The money in those accounts are for those districts.
There being no objections, C 2013-133 was taken out of order.
C 2013-133 Communication (03/15/2013) from the County Attorney,
requesting authorization to up expend funds u to $25,000.00 special to retain s ecial counsel
p
to represent Defendant Chris Calio in Lvnell Tokuda, et al. vs. Chris Calio, et al.,
Civil No. 13-1-0049 JRV (Fifth Circuit Court), and related matters: Mr. Rapozo
moved to approve C 2013-133, seconded by Ms. Yukimura, and carried by the
following vote:
FOR APPROVAL: Bynum, Hooser, Kagawa, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST APPROVAL: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL - 0.
(Mr. Bynum and Mr. Rapozo were recused from this item.)
COUNCIL MEETING 83 MARCH 27, 2013
C 2013-134 Communication (03/15/2013) from the County Attorney,
requesting authorization to expend up to $25,000.00 for special counsel's continued
services provided for Defendant County of Kaua`i in Tim Bynum vs. County of
Kaua`i, et al., Civil No. CV12-00523 RLP (U.S. District Court), and related
matters: Ms. Nakamura moved to approve C 2013-134, seconded by Mr. Kagawa.
Mr. Kagawa: I want to thank Councilmember Rapozo for
recognizing that he may need to sit this one out and I appreciate him stepping up
and sitting out of this item.
The motion to approve C 2013-134 was then put, and carried by the following
vote:
FOR APPROVAL: Hooser, Kagawa, Nakamura,
Yukimura, Furfaro TOTAL — 5,
AGAINST APPROVAL: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2.
(Mr. Bynum and Mr. Rapozo were noted back in the Council Meeting.)
There being no objections, Resolution No. 2013-41 was taken out of order.
Resolution No. 2013-41, RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2013 TO
JUNE 30, 2014 FOR THE COUNTY OF KAUAI: Ms. Nakamura moved for passage
of Resolution No. 2013-41 on first reading, that it be ordered to print, that a public
hearing thereon be scheduled for May 1, 2013 at 5:00 p.m., and that it thereafter be
referred to the Committee of the Whole, seconded by Ms. Yukimura, and carried by
the following vote:
FOR PASSAGE: Bynum, Hooser, Kagawa, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None
TOTAL—
0.
There being no objections, Proposed Draft Bill (No. 2471) was taken out of
order.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2471) — A BILL FOR AN ORDINANCE RELATING
TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE
FISCAL YEAR JULY 1, 2013 TO JUNE 30, 2014 (Mayor's Operating Budget):
Ms. Nakamura moved for passage of Proposed Draft Bill No. 2471 on first reading,
that it be ordered to print, that a public hearing thereon be scheduled for May 1,
2013 at 5:00 p.m., and that it thereafter be referred to the Committee of the Whole,
seconded by Ms. Yukimura, and carried by the following vote:
FOR PASSAGE: Bynum, Hooser, Kagawa, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
COUNCIL MEETING 84 MARCH 27, 2013
RECUSED & NOT VOTING: None TOTAL — 0.
Proposed Draft Bill (No. 2472) — A BILL FOR AN ORDINANCE RELATING
TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2013 TO JUNE 30, 2014 (Mayor's CIP Budget): Ms. Nakamura
moved for passage of Proposed Draft Bill No. 2472 on first reading, that it be
ordered to print, that a public hearing thereon be scheduled for May 1, 2013 at
5:00 p.m., and that it thereafter be referred to the Committee of the Whole,
seconded by Mr. Bynum, and carried by the following vote:
FOR PASSAGE: Bynum, Hooser, Kagawa, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Proposed Draft Bill (No. 2474) — AN ORDINANCE TO AMEND
ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND BEAUTIFICATION FUND AND THE
(General Fund, General Liability - $764,194.00): Ms. Nakamura moved for passage
of Proposed Draft Bill No. 2474 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for April 24, 2013, and that it thereafter be
referred to the Finance & Economic Development (Tourism / Visitor Industry /
Small Business Development / Sports & Recreation Development / Other Economic
Development Areas) Committee, seconded by Mr. Rapozo.
Ms. Yukimura: Mr. Chair, did we get the County Attorney's
opinion about these? This was about a Sunshine and about "An Ordinance for an
Ordinance."
Chair Furfaro: We are planning to. Again, this is a first
reading Bill.
Ms. Yukimura: But we need to know whether this was
properly posted or not in order to act on it?
Chair Furfaro: That was pursued by the Clerk and from
what I understand, we are fine. If you want the County Attorney to acknowledge
that? Is that what you want? Al, can you come up? I believe the County Clerk has
spoken to you about this.
Mr. Castillo: Good evening everyone. I have gone over the
agenda items that were in question and it does not offend the Sunshine Law. It is
{ okay.
Chair Furfaro: Thank you very much.
Ms. Yukimura: Can you explain to me this thing about "an
Ordinance Amending an Ordinance."
COUNCIL MEETING 85 MARCH 27, 2013
Mr. Castillo: You are doing an amendment. The question
that was posed to me is whether or not the discrepancy between the posting of the
agenda item and the attachments or the ordinance itself, would violate the
Sunshine Law and it does not.
Ms. Yukimura: No, but there was a second question that was
supposed to be posed to you. It is, "how can we have an Ordinance amending an
Ordinance" when in our, I think our Charter... it reads "A Bill for an Ordinance."
Mr. Castillo: You are promulgating an Ordinance to
amend an Ordinance. You want us to do a legal opinion on whether or not the
wording of the agenda item and the Ordinance that is attached to the agenda item
is proper or not proper, we can do that.
Ms. Yukimura: Well it says "Proposed Draft Bill."
Chair Furfaro: If there are any decisions about what you
want me to do, it comes from the Chair.
Mr. Castillo: I am sorry.
Chair Furfaro: I have shared this with you before.
Mr. Castillo: Yes.
Ms. Yukimura: I am not asking for you to research, I was
just hoping you could just explain how we have "an Ordinance?" To me, something
does not become "an Ordinance" until we pass it and it is a Bill in its format until it
becomes "an Ordinance."
Mr. Castillo: Yes, but what is happening is you are
working on the Ordinance that amends the Ordinance.
Ms. Yukimura: Then we should have a Bill that is amending
the Ordinance.
Mr. Castillo: So, the question is, do you want me to do a
legal review on whether or not that is proper or not proper?
Ms. Yukimura: Can we go ahead and vote on it if we do not
know whether it is proper?
Mr. Castillo: I looked at the Ordinance itself and for you
to act on this that would be proper.
Ms. Yukimura: Not because of Sunshine issue, right?
Mr. Castillo: Number one because it does not offend the
Sunshine and because you are promulgating new law which would be amending the
Ordinance.
Ms. Yukimura: Okay, it is not to delay this. I will ask for an
opinion because you have not given me a satisfactory answer.
COUNCIL MEETING 86 MARCH 27, 2013
Mr. Castillo: Okay.
Chair Furfaro: It was your opinion and let me tell you what
the Chair is going to do, and we are going to defer this. Get the Opinion over. Give
me a date from the Clerk, please.
Ms. Nakamura: Initially, this was posted as a "Bill for an
Ordinance," so why was "A Bill for" recommended to be removed? What was the
rationale?
Mr. Castillo: The question that I had this morning and I
was not asked the second question. The question that I had this morning was
whether or not this offends the Sunshine Law? Now, the question of whether or not
you get into the substance of what you are trying to do, I can answer that at a later
date.
Ms. Nakamura: I would actually, who's initiative was it to
cross out "A Bill for?"
Mr. Castillo: We normally do our Legislative process, it is
"A Bill for an Ordinance," that is the normal. Like I said the only question I was
asked this morning...
Chair Furfaro: Okay. That is enough on this subject right
here. We all know that a Bill is introduced and after it passes it becomes an
Ordinance.
Mr. Castillo: Yes.
Chair Furfaro: The question is, "why do we have an
Ordinance amending an Ordinance?" The fact of the matter is it should have been a
new Bill. We are going to defer. I am going to ask to defer 2474 until April 10.
Mr. Bynum: I am just concerned whether that is going to
mess up our schedule. There is a purpose and I think...
Chair Furfaro: I just checked with Jade and she said we can
make it.
Mr. Bynum: Is there any objections from the Finance
Department?
There being no objections, the rules were suspended.
STEVEN A. HUNT, Director of Finance: My only concern is timing
because this is amending it in Fiscal 2013 and whether it n
ca pass before the end of
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Fiscal 2013.
Chair Furfaro: It should be able to.
There being no objections, the meeting was called back to order, and
proceeded as follows:
COUNCIL MEETING 87 MARCH 27, 2013
Chair Furfaro: We are on item seven for today out of forty-
seven, so we are doing well. Let us maintain here. I am suggesting that we repost
this item as being deferred until we get the legal correction to April 10.
Upon motion duly made by Mr. Rapozo, seconded by Ms. Yukimura, and
unanimously carried, Proposed Draft Bill No. 2474 was deferred.
Proposed Draft Bill (No. 2475)—AN ORDINANCE TO AMEND ORDINANCE
NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS
ESTIMATED IN THE DEBT SERVICE FUND (Debt Service Fund - $2,100,000.00)
Upon motion duly made by Mr. Rapozo, seconded by Ms. Nakamura, and
unanimously carried, Proposed Draft Bill No. 2475 was deferred.
Proposed Draft Bill (No. 2476) — AN ORDINANCE AMENDING
ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2012 THROUGH JUNE 20, 2013, BY REVISING THE AMOUNTS
ESTIMATED IN THE GOLF FUND (Golf Fund $51,459.00)
Upon motion duly made by Ms. Yukimura, seconded by Mr. Rapozo, and
unanimously carried, Proposed Draft Bill No. 2476 was deferred.
Proposed Draft Bill (No. 2477) — AN ORDINANCE AMENDING
ORDINANCE NO. B-2012-737, AS AMENDED, RELATING TO THE CAPITAL
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY AMENDING AN EXISTING
BUDGET PROVISO IN THE CAPITAL BUDGET RELATING TO PROJECTS
FUNDED WITH COMMUNITY FACILITIES DISTRICT BONDS
Upon motion duly made by Ms. Yukimura, seconded by Ms. Nakamura, and
unanimously carried, Proposed Draft Bill No. 2477 was deferred.
Proposed Draft Bill (No. 2478) —A BILL FOR AN ORDINANCE TO AMEND
SECTION 2, ORDINANCE NO. 891, AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE
PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS AND
REFUNDING CERTAIN BONDS OF THE COUNTY; FIXING OR AUTHORIZING
THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER
DETAILS OF SUCH BONDS AND PROVIDING FOR THE SALE OF SUCH
BONDS TO THE PUBLIC: Ms. Nakamura moved for passage of Proposed Draft Bill
No. 2478 on first reading, that it be ordered to print, that a public hearing thereon
be scheduled for April 24, 2013, and that it thereafter be referred to the Committee
of the Whole, seconded by Mr. Rapozo, and carried by the following vote:
FOR PASSAGE: Bynum, Hooser, Kagawa, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL— 0.
COUNCIL MEETING 88 MARCH 27, 2013
Proposed Draft Bill (No. 2479) —A BILL FOR AN ORDINANCE AMENDING
SUBSECTION (a) OF SECTION 21-9.2 OF THE KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT:
Ms. Nakamura moved for passage of Proposed Draft Bill No. 2479 on first reading,
that it be ordered to print, that a public hearing thereon be scheduled for April 24,
2013, and that it thereafter be referred to the Environmental Services / Public
Safety / Community Assistance Committee, seconded by Ms. Yukimura.
Mr. Kagawa: I have been contacted by several people in
the Waste Management Business and they are concerned about some of these
proposals and they said that they will not be the one that is suffering, it will be the
businesses that are going to passed on the higher fees. Thank you.
The motion for passage of Proposed Draft Bill No. 2479 on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
April 24, 2013, and that it thereafter be referred to the Environmental
Services / Public Safety / Community Assistance Committee was the put, and
carried by the following vote:
FOR PASSAGE: Bynum, Hooser, Kagawa, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Proposed Draft Bill (No. 2480) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
BUS FARES: Ms. Nakamura moved for passage of Proposed Draft Bill No. 2480 on
first reading, that it be ordered to print, that a public hearing thereon be scheduled
for April 24, 2013, and that it thereafter be referred to the Housing &
Transportation Committee, seconded by Ms. Yukimura.
Mr. Hooser: We had an earlier extended discussion on the
gasoline tax and I want to be consistent but I want to explain why I am not going to
be consistent. The gasoline tax...
Chair Furfaro: I would love to know that because I am so
confused today.
Mr. Hooser: The gasoline tax was particularly offensive
and I wanted to send a personal message that I was not going to be supporting that
and likely not to support a number of these fees. I understand the importance of
hanging on the table and they have the discussion but this particular one, raising
Ii the bus fares as well as so m e o f the others, I am going to have a similar very
Y
difficult time and will likely not be supporting it. I will support it today in the
interest of moving along for further discussion. I do want to say on my earlier
comments about the Administration managing the funds of the County, you were
correct Chair, in stating that the Council share some responsibility for the condition
of the budget but I have to point out though, it is my understanding that we budget
the funds, we do not spend the funds. We rely on the Department of Finance and
the Administration to manage the spending of the funds and if we are heading in
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the direction when we are not going to have enough money to pay our bills, I would
count on them to give us that notice a head of time and to ramp down on spending.
COUNCIL MEETING 89 MARCH 27, 2013
That is what I meant about managing our resources. I certainly know that the
Council does share some responsibility because we do approve the budget. Thank
you.
Chair Furfaro: Thank you for that clarification. As the
same is true for the State Legislators, they need to take some responsibility for the
shabby condition that the State is in right now.
Ms. Yukimura: I just wanted to say that this is in
accordance with our Multi-Modal Land Transportation Plan that we want bus
riders to also help in supporting the bus. It does not raise the regular trip fees but
it does raise the monthly fees to a level that is fair and comparable. We will go to
public hearing so we will get to hear from the public but I know already they are
saving a lot of money and the raise will still allow bus riders to save a lot of money
as compared to if they had to drive a car daily to and from work or wherever they
have to go to. Thank you.
Chair Furfaro: It looks like we are going to have a very deep
discussion at budget time, I can tell by the comments already. But you know, things
costs money. If you want to use them, you have to pay your share and some of us
need to wake up to that reality too. We deeply discounted many programs including
property taxes and now it is time because those things were put in place to answer
the questions that were covered over the last five years. The same is true of the
cost related to operating public transportation and so I look forward to a very
enthusiastic discussion at budget time.
Mr. Rapozo: With that as well comes a equal attempt at
reducing expenses.
Chair Furfaro: Yes.
Mr. Rapozo: And we cannot constantly, since 2009, we
have done it. We budgeted more expenses than revenue and I just have a difficult
time increasing fees and taxes during a recession period that we are in right now. I
think we have come to that point where we got to realize the fact that we definitely
got to cut expenditures as well as increase revenue.
Chair Furfaro: Thank you and I will be pointing out some of
that tomorrow morning at 9:00. May I have a roll call vote, please?
The motion for passage of Proposed Draft Bill No. 2480 on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
April 24, 2013, and that it thereafter be referred to the Housing &
Transportation Committee was then put, and carried by the following vote:
FOR PASSAGE: Bynum, Hooser, Kagawa, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Proposed Draft Bill (No. 2481) —A BILL FOR AN ORDINANCE AMENDING
SECTION 5-2.4, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND REGISTRATION
COUNCIL MEETING 90 MARCH 27, 2013
FEES: Ms. Nakamura moved for passage of Proposed Draft Bill No. 2481 on first
reading, that it be ordered to print, that a public hearing thereon be scheduled for
April 24, 2013, and that it thereafter be referred to the Housing & Transportation
Committee, seconded by Mr. Hooser.
Mr. Rapozo: I just want to let the public know that the
registration tax, the increase in revenue will be 41.67% and I will be supporting it
as we move forward but I will likely will not support it at the Committee or the full
Council. That is a substantial increase — 41.67% at a time where people are already
struggling to pay.
Chair Furfaro: I think in the last budget we had this
discussion and as you know I have put revenues as a separate item last year and we
were finding that increases were not coming over consistently. Fifteen years before
the Administration is asking for some kind of increase but if you take fifteen years,
it is something like 2.7% per year but when they come in lump sums of number of
years, it does look drastic.
The motion for passage of Proposed Draft Bill No. 2481 on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
April 24, 2013, and that it thereafter be referred to the Housing &
Transportation Committee was then put, and carried by the following vote:
FOR PASSAGE: Bynum, Hooser, Kagawa, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None
TOTAL—
0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Proposed Draft Bill (No. 2482) —A BILL FOR AN ORDINANCE AMENDING
SECTION 5-2.3, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
THE COUNTY MOTOR VEHICLE WEIGHT TAX: Ms. Nakamura moved for
passage of Proposed Draft Bill No. 2482 on first reading, that it be ordered to print,
that a public hearing thereon be scheduled for April 24, 2013, and that it
thereafter be referred to the Housing & Transportation Committee, seconded by
Ms. Yukimura, and carried by the following vote:
FOR PASSAGE: Bynum, Hooser, Kagawa, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Proposed Draft Bill (No. 2483) —A BILL FOR AN ORDINANCE AMENDING
p ( )
CHAPTERS AND 9, KAUAI COUNTY CODE 1987, AS AMENDED,
RS 7 8,
RELATING TO THE ADJUSTMENT OF VARIOUS PERMITTING CHARGES
AND FEES LEVIED BY THE DEPARTMENT OF PLANNING (County of Kauai,
Applicant): Ms. Nakamura moved to refer Proposed Draft Bill No. 2483 to the
Planning Commission, seconded by Ms. Yukimura.
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g
COUNCIL MEETING 91 MARCH 27, 2013
Ms. Yukimura: I just wanted to say, actually referring to
what you just said about how we do not periodically raise fees. I believe some of
these planning fees have not been raised since 1970 and it shows that we are really
not keeping up with the cost of processing and so it is actually important to raise
fees periodically so that we do not hit our people with huge raises all of a sudden. It
is sometimes easier to take raises when they are small and incremental.
Mr. Rapozo: I agree to that but to some extent; however,
the question is will these substantial increases in fees return a better service. If we
are just throwing more money at a broken system, that is doing no justice to the
users. Some of these fees are going from $50 to $300 and there was another one in
here that was quite substantial going from $35 to $200. There is one for $150 to
$800. These are substantial increases and the question is do our citizens are you
going to get increased service in that same portion or are we just trying to auto
money grab? That is my frustration. That is substantial increase, in fact, it comes
out to about a 300% increase from this year to next year. Is that going to give us
the 300% improvement in the service that our people waiting for people waiting for
permits for nine months? Are they just going to pay more for the substandard
service? I realize this has to go to the Planning Commission but when it does get
back here, I am hoping that the Planning Department and Administration can
answer that question. I will not support an increase just because we have not
raised it in thirty years. It has to be tied to some improvement in the service. I just
do not see that happening because nothing is changing.
Ms. Yukimura: We will have the chance to talk to Planning
about this but if you do take 300% over forty years, it is not that great of an
increase and I believe they are going into electric plan processing and so forth but
we will heard from them. I have the same concerns about customer servicing but I
think the fee increase is lon g overdue.
Chair Furfaro: I just want to remind people that fact that, I
come from the service business. If you pay $50 for a permit, you better expect some
poor service. The real question is here is what is the service we are currently
delivered, what is it valued at? That is what we needed. I do not disagree with any
discussion that is coming here but let us keep it focused on what it cost us to do
business and what kind of value we are delivering to the customers. If you want a
one star hotel, you chose to pay $39 a night for your room. You want to have room
service twenty-four hours, you better be prepared for $400. The comparison needs
to be focused on value, okay and right now we are delivering moderate service and it
is a good value to the customer. We got to find a middle.
Mr. Rapozo: If you went to that one star hotel and you
were told, your rate went from $39 to $400 but the amenities are the same and the
service is the same that is not appropriate.
Chair Furfaro: I know what your point is and I would also
expect four ply toilet paper.
Mr. Rapozo: Exactly.
Chair Furfaro: But my point is, let us measure value for
value. Come on guys, let us get through this and understand we are in it together
and it is challenging. We guide property taxes but all these things that are coming
up about increasing tax rates or fee rates and so forth, that is the Administrations
COUNCIL MEETING 92 MARCH 27, 2013
kuleana, we already told you that. We have been letting it go too long. Let us see
what value we can add for the added cost. Roll call, please.
The motion to refer Proposed Draft Bill No. 2483 to the Planning Commission
p g
was then put, and carried by the following vote:
FOR REFERRAL: Bynum, Hooser, Kagawa, Nakamura,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST REFERRAL: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: I apologize for my last comment but you need
to understand price and value and what you get, you have to pay for.
Proposed Draft Bill (No. 2484) —A BILL FOR AN ORDINANCE AMENDING
SECTION 5-1.1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
THE COUNTY FUEL TAX
Ms. Yukimura moved to approve Proposed Draft Bill No. 2484, seconded by
Mr. Bynum.
Mr. Kagawa: I will stay consistent, this is my last item for
the day, I have a family business to attend to. I will not be supporting this. I do not
believe this is the proper way to generate funds. The gasoline prices are outrageous
and we do not need it to be more outrageous.
Ms. Yukimura: May I restate my motion?
Chair Furfaro: You still have the floor.
Ms. Yukimura moved for passage of Proposed Draft Bill No. 2484 on first
reading, that it be ordered to print, that a public hearing thereon be
scheduled for April 24, 2013, and that it thereafter be referred to the
Housing & Transportation Committee, seconded by Ms. Nakamura.
Ms. Yukimura moved to amend Proposed Draft Bill No. 2484, as circulated,
as shown in the Floor Amendment which is attached hereto as Attachment 2,
seconded by Mr. Bynum.
Ms. Yukimura: This is parallel to the Resolution and again it
gives us options. It requires no commitment at this time except to move the Bill
forward so that we can act on it eventually after public hearing and after hearing
our Department discuss their programs and needs during budget hearings.
The motion to amend Proposed Draft Brill No. 2484 was then put, and carried
by the following vote:
FOR AMENDMENT: Bynum, Nakamura, Yukimura
Furfaro TOTAL— 4,
AGAINST AMENDMENT: Hooser, Kagawa, Rapozo TOTAL — 3,
EXCUSED & NOT VOTING: None TOTAL — 0
RECUSED & NOT VOTING: None TOTAL — 0.
COUNCIL MEETING 93 MARCH 27, 2013
Chair Furfaro: Before Mr. Kagawa leaves because we have
to vote on as amended, I do want everybody to know that the verbiage, I had them
go back and check, the verbiage on the four Bills that we deferred, just for your
information, have come out in the past "a Proposed Draft Bill for a Bill for an
Ordinance to amend an Ordinance," has been used for a very long time here. In
fact, I have confirmed it has been used many years, both way, so just so we are clear
on that.
The motion for passage of Proposed Draft Bill No. 2484 as amended, on first
reading, that it be ordered to print, that a public hearing thereon be
scheduled for April 24, 2013, and that it thereafter be referred to the
Housing & Transportation Committee, was then put and carried by the
following vote:
FOR PASSAGE: Bynum, Nakamura,
Yukimura, Furfaro TOTAL— 4,
AGAINST PASSAGE: Hooser, Kagawa, Rapozo TOTAL— 3,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
(Mr. Kagawa was Excused from the Council Meeting.)
Chair Furfaro: We are back to C 2013-128 with Diane
Zachary and the CEDS program and on that note, I am going to ask Diane to come
back up. Members, I just want to say that this was a very difficult long day because
first of all we are going into two weeks of budget, number two, there was back log
here that we needed to complete with some urgencies. Number three, going in the
future, if I have to tell you that your Bill or action needs to wait, I will. I will
purchase some crying towels to hand out to you folks because this gets... almost six
hours and we only cover three items. To you Committee members, those
discussions should be happening in your Committees. Thank you.
Ms. Nakamura: And in the increase of time we should wrap
this up so we can get through the rest of the agenda. I would like to ask members
to put their questions in writing and we can forward it to the consultants to respond
to in writing. If there are no urgent questions, I would like to... yes,
Councilmember Yukimura.
Ms. Yukimura: I am not clear that the Environmental
Assessment is the next step. It seems to me that what we need is a business plan
because I do not... there are too many unanswered questions that will not be
answered by an EA, especially the economic aspects. I would ask Lenny and Diane,
both, to come back with a proposal for a business plan.
There being no objections, the rules were suspended.
Mr. L. Rapozo: Would you send over your questions as to
what you would like the business plan to address and then maybe we can address it
before. Maybe there might not need to have a business plan, maybe it has been
addressed and it was not able to be discussed here.
Ms. Yukimura: I asked some of the questions today and did
not get answers. But we will put it in writing. Diane has said that it is a lot of
money, $45,000,000 is about the amount of our total CIP budget this year. It is
COUNCIL MEETING 94 MARCH 27, 2013
$49,000,000. I guess one of the questions that I would ask you, Lenny, right now is
how do you proposed to fairly serve this island when there is a complex on the
Westside that will cost $380,000 a year to maintain. Councilmember Kagawa said,
we are not even taking care of our existing parks right now.
Mr. L. Rapozo: I do not think that is what Councilmember
Kagawa said but would you like to go on a tour of the park with me? I would love to
go and show you and you can show me what you feel the deficiencies are.
Ms. Yukimura: I saw...
Mr. L. Rapozo: I am not going to sit here and say that there
is no challenges because there consistent challenges of parks. I think that is one of
the reasons why we became a Department. It has been far too long that a lot of
stuff has been neglected and I have been a user of these parks all my life as well.
So, there is a lot of catch up.
Ms. Yukimura: Lenny, I totally supported a Parks
Department for the purposes that you and I agree on but can you answer my
question? How will the Parks Department manage with a $380,000 operating costs
on one park? What is the County's park operating budget now?
Mr. L. Rapozo: Just about $12,000,000.
Ms. Yukimura: Is $12,000,000 sufficient to maintain our
parks today?
Mr. L. Rapozo: That also includes recreational... that is the
total Department of Parks & Recreation budget. I believe the Parks maintenance
budget is somewhere around... almost $5,000,000.
Chair Furfaro: Four point eight.
Mr. L. Rapozo: Yes, almost $5,000,000.
Ms. Yukimura: How will you take care of the maintenance of
this?
Mr. L. Rapozo: We allotted $380,000, if we do get that, we
would have to maintain the parks as is. Is that what your question is?
Ms. Yukimura: Right but you are going to have... you have
other plans in the Park Plan both for capital improvement as well as increasing the
capacity and therefore the maintenance of parks. I am still not really clear how you
are going to do this?
Mr. L. Rapozo: I believe the $380,000 was done for the whole
complex itself. The complex will be built out in phases and in those phases I do not
believe and the $380,000 was addressed in phases. If we build phase one, it will not
be $380,000 to be maintained.
Ms. Yukimura: Can you show me the Parks budget of... as
long as those phases which shows me how you are going to fund all of your needs in
each phase and what the breakdown is. That is what a business plan would be
COUNCIL MEETING 95 MARCH 27, 2013
about both from a County standpoint as well as the marketing part. Do you expect
Parks to do that?
Mr. L. Rapozo: No, I think you heard that West Kaua`i
Business said that they wanted to do that.
Ms. Yukimura: And how much will it cost and how will they
raise those revenues?
Mr. L. Rapozo: We would have to ask them that question.
Ms. Yukimura: That is among the things, I think a business
plan should address. That is why to me that would important to have.
Ms. Nakamura: We are going to get that in writing and send
that over to you.
Mr. L. Rapozo: Yes.
Ms. Nakamura: Do you have any further questions? While
you are looking, I will give Councilmember Rapozo the floor.
Mr. Rapozo: This is not a trick question but do you
consider Parks & Recreation one of the core functions of the County?
Mr. L. Rapozo: Yes.
Mr. Rapozo: Do you base your Park Plan on profitability
of the p ark?
Mr. L. Rapozo: No.
Mr. Rapozo: Because I am hearing all these questions
about business plans and profitability but we are trying to build a complex.
Mr. L. Rapozo: Yes.
Mr. Rapozo: We are trying to build a park that is going to
service the community and... that was my question. We do not base it on
profitability.
Mr. L. Rapozo: No.
Mr. Rapozo: Okay.
Mr. Hooser: It is kind of a process question. Clearly this
is a huge project and lots of money. What is the next step? Is it in the budget that
we are working on that is being presented? Is there funds in there that authorize
the next step? Are we still in discussion phase? What is the trigger point for
decision and how is that decision made in terms of let us move forward.
Mr. L. Rapozo: As we had spoken before we went on break,
we are looking to do the EIS first. In order to get to that point, we need to have
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COUNCIL MEETING 96 MARCH 27, 2013
some control, so we need to have more dialogue with Kikiaola Land Company to
work that portion of the project out.
Mr. Hooser: The plan is to talk to the landowner and then
when you come to an agreement with the landowner then to come to the budget to
request funds for an EIS?
Mr. L. Rapozo: Correct, or depending on what the outcome
is with the landowner, we may have to acquire that piece of land first. It would be a
two part process.
Mr. Hooser: It is not going to happen this year?
Mr. L. Rapozo: No. That is why I said when the question
was asked to me if we are going to start building within next year, no.
Mr. Hooser: Because I agree, I have lots of questions in
terms of long-term viability, how much it is going to cost... all that kinds of things.
I just needed to know what the trigger points were and where we are at on this
issue.
Ms. Yukimura: I want to clarify, I am not asking for a park
to be profitable but this proposal is being put forth as an economic development
factor. That is when we do legitimately ask what is the return on investment for the
community, how much is it going to cost, and who is going to pay what? That is not
clear yet and one of the things I asked Mr. Kirkpatrick and he said he will do is to
estimate the cost of tourism support that is whenever you show the income from the
visitors who are coming in because of this project, what are the costs to the
government of supporting that kind of additional visitor days or whatever. It all
looks rosy but we talked earlier when we were talking about securing the tourist
TAT moneys that more tourist means fire, police, parks, that kinds of costs and we
need to know that as well. He said he would calculate that.
Ms. Nakamura: Any other questions? If not, we will put
everything else in writing and get that over to you.
Ms. Yukimura: I have one more question, please.
Ms. Nakamura: Yes.
Ms. Yukimura: Diane, I asked the question and I got back an
answer which... if we are talking an economic development project with sports as a
cluster for economic potential, would good planning principles not dictate that
criteria first be developed for locating a sports complex in order or ensure optimum
economic impact while minimizing negative impacts. Those criteria, similar to a
landfill be applied to various locations around the island to see where there would
be the biggest return on the public's investment. Was that done in the planning
process? Were criteria established before a location was chosen?
Ms. Zachary: That was not part assignment of the assi nment to
it
KPAA, so for us, that was not done. We were asked specifically to look at the
Waimea Sports Complex.
COUNCIL MEETING 97 MARCH 27, 2013
Ms. Yukimura: But if we are going to be asked to spend over
whatever the build out time is - $45,000,000, we really need to know whether that
investment is best located and where, in terms of both cost and benefits, so that
means we do not have that information. The Council does not have that
information.
Ms. Nakamura: When we were looking at what was planned
for the Vidinha Complex, that is where the multi-use center, indoor gymnasium was
envisioned with the tennis courts and updating the soccer fields, there is quite a bit
of build out on that site that would not accommodate an additional sports complex
for baseball/softball. There is a build out plan for that site but there were no other
sites identified around the island for the baseball complex.
Ms. Yukimura: That plan is obsolete, it is so old.
Ms. Nakamura: That is based on the current master plan.
Ms. Yukimura: I am hoping the current master plan
reconciles that and if we are going with the current master plan and it says that
there is going to be a big stadium there, how much is that going to cost? What
sequencing of expenditures of both capitol and operating are we showing in the
plan?
Mr. L. Rapozo: The master plan did not address it. It did put
together where we wanted it and possibly land available. But with your question
here as Diane had mentioned, that was not part of the assignment.
Ms. Yukimura: I know but the Parks Department in order to
have a reasonable plan has to address those questions. It should reasonable come
up in the Parks Plan. My further question is and I do not know if the Vidinha site, I
have not seen the final Parks Plan, so I do not what... we hear of preliminary
discussion of it but I believe there is a case for a large performance arts sports
complex. I do not mean the type of laid out baseball and so forth but a large arena
of maybe where you can have National type of basketball, it is a covered arena, so
you do not have to worry about she arwater and you can have both things like the
Merry Monarch as well as some major sporting events.
Mr. L. Rapozo: Correct.
Ms. Yukimura: If that is part of the plan, how much does
that cost? What are the benefits and what is the return on investment? Because we
do not have money to do everything and a plan should reconcile those demands or
possibilities.
Mr. L. Rapozo: I need more money. When we did the Master
Plan we did not ask that. If we were to do that for every facility that was asked to
do in the Master Plan, we need more money to hire the consultant longer.
Ms. Yukimura: Well then perhaps you should ask for it.
Mr. L. Rapozo: The Master Plan was to address what the
direction we wanted to go with Parks with the different needs that the community
wanted to see in their community.
COUNCIL MEETING 98 MARCH 27, 2013
Ms. Yukimura: Well no, no plan is only what a community
wants. It has to address the potential money that is needed...
Mr. L. Rapozo: Then everything will be in Lihu`e. If you are
talking about walking to the airport, walking to whatever you want... everything
will be in LIhu`e. Not going get nothing anyplace else on the island.
Ms. Yukimura: No, I dLo not believe that is so either. What
makes you jump to that conclusion?
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: I think that I need to jump in for a second.
We know what the tasks were delivered to you and in any good process, it is very
important to reach out to the community. There are a lot of things missing in this
financial piece, I do not want to call it a "return on investment" because that is not
what the nature of what government is all about. It is about providing
opportunities for the public in their communities. I mean, one of the best things we
have here are our beaches and sports activities and it is to no charge to the public.
That is value that I am talking about earlier. I think the proposal is very weak,
Diane in the number of room nights, that they have proposed. They put in 6,100
room nights in there and even the kids come over staying triple or quad in a room. I
would suspect that we would get at least two and a half times that in a way of room
nights. You got to also remember measuring economic benefit is not just about the
revenue that we are taking in, it is all about the rooms are occupied - the maids are
working. There are salary taxes and benefits that they pay because they actually
have additional work, so there are a lot of moving parts there and I just want us to
get back to a closure of this discussion today. Any further discussion, I want it to be
in Committee.
Ms. Yukimura: I do not have to ask any more questions if we
will have this back in Committee. When will it be back in Committee?
Ms. Nakamura: Probably after budget.
Ms. Yukimura: Okay.
Ms. Nakamura: Thank you very much Lenny. Thank you,
Diane, for being here, for answering our questions, and we will get back to you on a
follow up.
Mr. Bynum: Final question.
Ms. Nakamura: Final because it is going into Committee and
we do not have time, I will have to leave in a few minutes as well.
Mr. Bynum: The key thing that Diane just said was we
were not asked to look at the feasibility island wide. I have a fundamental problem
that we did not use sports and fitness as an economic driver, that idea and that
concept has been out there for a very long time. We have two sports fields planned
for Kapa'a and the very purpose was to bring tournaments here. We put $5,000,000
in the budget or a bunch of millions to improve the baseball stadium here and a lot
of that motivation was to host tournaments here. What I voted for was a feasibility
COUNCIL MEETING 99 MARCH 27, 2013
study for sports and recreation. That should have looked at various possible
locations and talked about the pros and cons of each. Overlaying that is the Parks
Master Plan which does have an objective analysis of what our current facilities are
and do they meet the needs of the communities that they are located in. I think
that should be an important consideration when we are talking about a new sports
facilities, so we are going to put the plans we had and already spent money on hold
while we go off on new plans and we really have not looked in terms of this where is
the best place on island. And it is not Kaua`i's Planning & Action Issue because her
contact said look at Waimea. I have a fundamental problem with that.
Mr. Rapozo: I guess I see things differently and I want to
thank KPAA and Lenny for being here today. As I asked Lenny on the return on
investment or the profitability, you know, the difference with this project was the
community came forward. The community has been working on this for a very long
time and I disagree with some of the comments made that it is not only up to the
community. We had a community that came forward and said this is what we want
and we are ready to go. In that plan that we saw today, it was clear, they did not
ask for the County to pay for the full project. They mentioned various sources of
funding; Title 9 funding, Weinberg that is another source that we have not spoken
about today, we also have State and Federal money as well as County money. I sat
on this table for many years and we talked about and I got to get this off my chest
because we sit here and approve a lot of money and I will use the bikepath as an
example, there is no return on investment - direct County profit. When we sat here
and approved the bikepath many years ago, the route was not known, no one knew
where the route was going to be. It started with a vision and the community got
onboard and said "we want it," and it happened. Until today, we still do not know
where the route will be and that is not cheap either and still Federal money and
still County money. If we use profitability as the basis, we got to get rid of the golf
course and the buses. We got to charge for people to use based on... it is crazy.
There is a core function we serve, public health and safety and I believe Parks is a
vital component of that core services. I will close with this, we talk about where
else could it be? What have we done for the Westside, think about it, when we look
at the millions of dollars that we have spent — landfill, levees, sewage plants, and
yet on this side of the island we have the Black Pot expansions out on the North
Shore, the bikepath, soccer fields, campgrounds, park improvements in Kapa'a as
well as Vidinha, and the Westside is saying "what about us?" We have an area and
the community that is going to support it. I know that community, they are going
to support it. This is still early stages and I would encourage the County to work
with the community and help them explore some funding opportunities where we
can actually start to move. $45,000,000 not in one year, they make it seem like we
are going to build this next year and it is in the budget. It is a long project but the
Westside is due for it and they want it and I think they will do a great job with
trying to move this along.
Ms. Yukimura: I want to make it really clear here that when
I talk about return on investment, I am not talking about making Parks make
money. I am talking about really analyzing our programs like we do everything in
terms of what benefits are going to come to the community, like getting people to
work, that is a benefit from the bus, or like a park which is to be able to play,
walk... I am talking about those benefits. They have to be measured... because all
the benefits that you talked about for the Westside could be a benefit anywhere else
on the island as well. We have to talk about cost and we have to look at all our
goals. The Westside community is like no other in terms of the community spirit
and the way the are able to get things done together but it is really easy to push
COUNCIL MEETING 100 MARCH 27, 2013
things into the future and say it is not all now, but still when a community is
asking to spend an amount over time that is equal to our total CIP budget, we have
to look at other uses of that money and how we responsibly use that money. That is
why a business plan will be good. It is easy to say that we can go to the State, the
State is trying to take County money. They are not even wanting to give us money,
they are taking County money. A business plan will really look at the feasibility of
these sources, the money and talk to people and examine it that is why I think that
is the better step. It will look into how much it takes to market a facility like this
and who will be responsible and how they will fund that capacity. Which it is true,
the Waimea Business Community could but they do not even know how much, we
do not even know how much it will take. This is a big facility to market. I think it
is about doing due diligence and lastly I want to say that the answer I got in writing
from Ms. Zachary about why we did not also look at the possibility and cost of a
performing and arts/sports complex of the type that would house Merrie Monarchs
and will provide another venue beyond the thousand seat facility that we have at
the Convention Hall which I believe we are needing to look ahead as our population
gets to this level. That study that she did with Arts & Cultural Organizations and
three meetings with them, there does not seem to be strong support for a large
performing arts facility. Well, I do not think that was the question or focus of that
,study. As I recall it was do they need a place where they can come together and
share Xeroxing and it did not... and if it was that than we have to ask the question
beyond just the group of people that came together. We have to ask the public, the
visitor industry, we need to do as comprehensive a feasibility study for that facility
as for this Westside Sports Complex in order to really be able to compare the
feasibility, the return on investment in non-monetary as well as monetary terms
and the benefits to our community.
Chair Furfaro: I suggest that we do the rest of that back in
Committee, not at a full Council Meeting.
Ms. Nakamura: Thank you.
Mr. Rapozo: Do you need a motion to refer this to the
Committee? Do you want to repost?
Ms. Nakamura: We should just receive it.
The motion to receive C 2013-128 for the record was then put, and carried by
a 6:1:0:0 (Mr. Kagawa was Excused).
C 2013-129 Communication (03/01/2013) from the Chief, Building Division,
Department of Public Works, transmitting for Council information, the Monthly
Building Permit
Report on
p g rmi e t I nformation for the Month of February 2013, which
includes the following:
g
a) Building Permit Processing Report
b) Building Permit Estimated Value Summary
c) Building Permits Tracking Report
d) Building Permits Status
Mr. Rapozo moved to receive C 2013-129 for the record, seconded by
Ms. Yukimura.
Chair Furfaro: I just have one comment on that whole thing,
g,
that item was designed by myself when I was the Finance Chairman almost nine
COUNCIL MEETING 101 MARCH 27, 2013
years ago. The intent of that piece — it is designed after a booking ticket at a hotel,
so that you can determine how much potential revenue will be in next year's
forecast because we gave a new building permit. We need to get an understanding
that we need a monthly building permit reconciliation and in six months so far, we
have added potentially an additional $630,000 in property taxes. It is a booking
ticket that helps the Council forecast future revenues. I do not need from anyone
in Finance or Building people right now, I am just saying that these are the kinds of
inefficiencies that we do have to be a little bit more critical with you on. I would
appreciate it if we can stay more current.
Ms. Nakamura: I also wanted to make a comment that the
average days that some of the building permits remained in a Department stands
out and I think at some point we would... it does not have to be at today's meeting
but at some point it will be good to ask the Department of Public Works why certain
building permits stay longer within certain Divisions and others? What might be
the root causes for the delay.
Chair Furfaro: We do know that some of them are caused by
owners.
Ms. Nakamura: Exactly.
Chair Furfaro: There needs to be some kind of notation on
the report.
Ms. Nakamura: I think it does. It breaks down by the
applicant and Department, so that is helpful. But I think we need to start digging
deeper to look at... but this should be done in Committee as well.
Chair Furfaro: Yes.
Ms. Nakamura: I would like to make a referral to Public
Works to have that discussion.
Mr. Bynum: I just want to say that in the past we have
done that and when Jay says that it is a forecast, which it is, it also has been very
helpful about allowing the Department's to understand where the hold ups were.
When we starting receiving these reports and we had dialogue about it, we saw
improvements. All of a sudden, it is really obvious. I believe there have been
improvements. The other thing on building permits, we are moving into the
Twenty-first Century with electronic permitting, some of the things that have been
in the work for a while and we should see a lot of improvement but I think follow up
and having to look at that again and getting those explanations about how the
permit moves is a good agenda item for Public Works.
Ms. Nakamura moved to receive C 2013-129 for the record and ask for
posting at the appropriate time, seconded by Mr. Bynum.
Chair Furfaro: It would not hurt to put a little more
narrative in other than just... you know, put some narrative in it and tell us what is
going on when a permit is going 190 days. That would be helpful.
The motion to receive C 2013-129 for the record and post at the appropriate
time was then put, and carried by a 6:1:0:0 (Mr. Kagawa was Excused).
COUNCIL MEETING 102 MARCH 27, 2013
Chair Furfaro: We will repost after the budget session but in
the meantime, I expect the Building Permit Report to be timely. Not nine months
all at one time. Lyle, I want to thank you folks for getting it current because we
need that for the budget in forecasting revenues.
C 2013-130 Communication (03/12/2013) from Councilmember Rapozo,
requesting agenda time for a briefing from Keith Kamita, Deputy Director, State of
Hawai`i, Department of Public Safety, on the Bills that are currently before the
State Legislature relating to the legalization of marijuana: Mr. Rapozo moved to
receive C 2013-130 for the record, seconded by Mr. Bynum.
Mr. Rapozo: We had some scheduling conflicts with Mr.
Kamita from Department of Public Safety and I guess as the Legislative Session is
in session, it is very hard to lock him down because he has a lot of moving Bills. We
are going to receive this and set up a time at a later date when he is much more
available.
Mr. Bynum: Mr. Rapozo, it is my understanding that any
Bills to legalize marijuana has died at the Legislature this year, is that correct?
Mr. Rapozo: I believe there was some decriminalization
Bills that are still going through.
Mr. Bynum: I would just encourage you to make the
posting a little bit more broad so we can look at all of the marijuana related Bills
because there are a number of them.
Mr. Rapozo: Yes, we will do that.
The motion to receive C 2013-130 for the record was then put, and carried by
a 6:1:0:0 (Mr. Kagawa was Excused.)
C 2013-131 Communication (03/12/2013) from the Director of Finance,
transmitting for Council information, the Condition of the County Treasury
Statement quarterly report as of February 4, 2013: Mr. Bynum moved to receive
C 2013-131 for the record, seconded by Ms. Yukimura.
There being no objections, the rules were suspended.
Chair Furfaro: I will make this brief, Steve. One of the
reaso n s I wanted n e d to talk about this at today's is that I want to
a 3 s Council Meetin g
make sure that everyone in Finance starts to really recognize for the last five years
the call on cash is going to be more and more critical because of our revenue cycle
and our expense cycle. I want to make sure that it is conveyed to your people and
do we do any kind of an aging report to pay bills?
fill
Mr. Hunt: Are you talking about the terms of the peek
Y g p
needs for cash?
Chair Furfaro: Yes. Is that done by the Treasury Report?
Mr. Hunt: I believe Dave Spanski provides that report.
COUNCIL MEETING 103 MARCH 27, 2013
Chair Furfaro: He does it quarterly though. I just want to
make sure that as we have an aging on bills, that we also have an understanding
everybody does not immediately get their cash. We will stand behind it but we need
to... we have two peeks in our revenue cycle and both are around the property tax
piece. That cash has to last in six month increments.
Mr. Hunt: Yes.
Chair Furfaro: I am satisfy just having a discussion, if you
can, with key members of the Finance Department and Mr. Spanski because it is
going to be an issue for cash flow. That is all I needed to say.
There being no objections, the meeting was called back to order, and
proceeded as follows:
The motion to receive C 2013-131 for the record was then put, and carried by
a 6:0:1:0 (Mr. Kagawa was Excused).
There being no objections, C 2013-139 was taken out of order.
LEGAL DOCUMENT:
C 2013-139 Communication (03/19/2013) from the Fire Chief, requesting
Council approval to enter into a Letter of Agreement with 4Dventures LLC
pp g
regarding the "Saving Lives" television series, and to allow Kalani Vierra, Ocean
Safety Bureau, Kauai Fire Department, County of Kaua`i, to sign all pertinent
documents including, but not be limited to, the Letter of Agreement, Event Release
Form, Materials Release Form, and Standard Release Form between the County of
Kaua`i and 4Dventures LLC: Mr. Bynum moved to approve C 2013-139, seconded
by Ms. Yukimura.
There being no objections, the rules were suspended.
Chair Furfaro: Chief, again, this is authorizing the Head of
our Water Safety Division of the Fire Department to take a little bit more authority
on signing off a particular programs related this promotional series, am I correct?
ROBERT F. WESTERMAN, Fire Chief: Yes.
Chair Furfaro: Can you expand on that a little bit more?
Mr. Westerman: Sure. As it relates to the form for the youth
to participate in our program and we narrowed it down to four documents to ensure
that those are the only one that Kalani Vierra will be signing for. Most of them are
almost immediate on the spot forms that need to be sign, so that is why we are
asking you to approve this. I guess it is odd to be asking that he be able to sign
these forms for the County because normally that would be done ahead of time but
in this particular case since they are making a TV show, they need those forms on
the spot. The Counsel can explain each of the four forms and what they are.
Chair Furfaro: Mauna Kea would you give us more detail?
MAUNA KEA TRASK, Deputy County Attorney: I would like to note the
first step of this project we sought an ethics opinion from the Board of Ethics. They
COUNCIL MEETING 104 MARCH 27, 2013
really pared down what Ocean Safety's involvement in this project can be and it
really is as it is attached to the packet that you are provided. The Board of Ethics
said it was not a violation of Code of Ethics for the Fire Department because that is
who Ocean Safety is under to respond to request for 4Dventures for information,
helping and identifying content, help and prioritizing messages in similar matters
in which information is sought. When you look at these things the County's
involvement really is... there would be no money exchange, no commitment of
personnel, this program is already conducted by Mr. Vierra and the volunteers
from Ocean Safety on their own time usually off hours, after work or on weekends
when they are not on the clock. The forms that he will be signing is one: the Letter
of Agreement which just delineates the respective parties obligation which
essentially is that they can show up and film us and that is it. Event release forms,
Y p ,
standard location release form, and also materials release form and that is really it.
The reason why, again, Kalani Vierra, not only a lifelong waterman on the island of
Kaua`i, surfer, canoe paddler, but he would be the person that would talk about the
anyway e an in order to streamline everything and ensure that this is done
Y Y
Y g
quickly and it goes to the right person, again, we would ask your authorization to
have Kalani sign it. Again, no liabilities and money are being excepted. So, this is
not like a lot of contracts that come before you.
Chair Furfaro: Questions for the Fire Chief or the County
Attorney.
Ms. Yukimura: I like the proposal very much, it seems to be
very well thought through. I am concerned though about the skimpiness of the
Letter of Agreement and I am a little concerned about whether the language fully
protects the County.
Mr. Trask: Yes.
Ms. Yukimura: So this letter before us which you are asking
us to approve, it has been approved by the County Attorney's Office?
Mr. Trask: Well first off I cannot really... I am not an
Intellectual Property Attorney, I have seen these things on the internet and I have
looked at what they really say. So as far as skimpy, I do not really know. But I
know that the Board of Ethics is not allowing us to do anything other than work
with identifying content and allowing these people to show up and film us. As far
as a lot of the things that we look at is real extensive liability waiver information, it
is not going to be included, and any regarding money is not going to be included.
That maybe an explanation on why it is short. As far as the liability protection, if
you look at paragraph two point three of the agreement it states that, and it is
really the second portion starting with furthermore 4Dventures will coordinate with
the County of Kaua`i to ensure at similar document is signed by all the participants
prior to involvements with the project, thus releasing County of Kaua`i from any
loss, etc. This is really about the kids to sign a general liability waiver release form
and their parents sign it on their behalf. We would only require them to sign that
one form and all this states is that 4Dventures is not protecting us from liability
from the kids, there is no really involvement; they are on one side and we are on the
other. What this says is that 4Dventures will coordinate with the County to ensure
that the kids sign our form but we are already going to ensure that the kids sign our
form. So, we are not requiring anything more this year's than in the past year's.
This is just the kids signing our form and they get to play. 4D does not really get
II
COUNCIL MEETING 105 MARCH 27, 2013
involved in that, this document relates to us and 4D and it is very tricky because we
are not allowed to get any more involved with them.
Ms. Yukimura: I am not asking you to be an expert in
Intellectual Property but I am asking our County Attorney's Office to be an expert
in protecting against liability and requiring indemnification, if necessary, and all of
that. We already had cases that the County has had to handle with respect to that
kind of protection. I would feel better if the County Attorney has reviewed it.
Mr. Trask: We have reviewed it and if you look in your
packet, you can actually see the waiver form that we require the kids to sign.
Ms. Yukimura: Yes but what about paragraph two, point
four and two, point five, it is not about waiver forms.
Mr. Trask: That is correct. Two point four and two point
five states that if a kid gets injured, we are not going to sue 4Dventures. They
would have nothing to do with it. The kid has already signed our waiver of liability
saying that they are not going to sue us. That just means that if a kid gets hurt, we
are not going to sue the production company.
Ms. Yukimura: That is not what it says. It says...
Mr. Trask: It says, "the County of Kaua`i releases,
waives, discharges and covenant not to sue 4Dventures from any and all claims
resulting in property damage, or personal injury or illness or death." And likewise,
4D is not going to sue the County of Kaua`i. We did review that and thought that it
was fair and the Fire Department thought that it was fair.
Ms. Yukimura: Okay. How is two point six going to be
enforced?
Mr. Trask: I appreciate that question, I really do,
because it comes to a fundamental/philosophical question of how you can really
assure anything. You know, you cannot. To be honest, I do not really like this
idea. It gives me the willies as an attorney because the Fire Department has been
approached before by people and it is really interesting to see these types of Letter's
of Agreement because the standard language. People in our position, usually the
County, waive any and all claims to anything as far as the depiction of the media. It
uses words like this, "in any representation whatsoever in any media now known or
currently being development or ever to be developed forever throughout the
universe." We actually had to go back and forth with this and it sounds silly but it
is true. All I told my client was that you could end up in East Europe someplace
with your head cut on something and put someplace else, crazy. These people who
are the production people; it is two people, a man and a woman, they are married,
their child participated in the program last year, and they enjoyed it. So this is not
a Hollywood type, big budgeted... it is two people. The Fire Department feels
comfortable, they work with these people, their kids are in the program, and so we
cannot assure that nothing is going to happen but again what we are here to do is...
you know, today there were twelve people that had to be rescued from HanakapI'ai.
I think within the past month, we had two people drown... this is about message.
Every single month you are going to see a letter in the Garden Island about...
recently the Senate passed a Resolution requiring videos. We actually were
approached here, no money spent, nothing else to film a program that we are
COUNCIL MEETING 106 MARCH 27, 2013
already doing, and these people are trying to broadcast it around the world. The
Fire Department saw that as an opportunity. They want to do this and that is the
best that I can say. I am going to stick up for them today.
Ms. Yukimura: Chief, will this take any lifeguards away
from their duties?
Mr. Westerman: No. That is why this is so short because it is
not about us doing our job daily. They are filming us from a distance daily and we
will continue to do our work. Any other filming that they do to make the show
happen or whatever is completely separate from us. They plan on doing filming
away from us with the students to help enhance the TV show. Do you understand
what I am saying? This little indemnification that we have here is just for when
they are standing there and we are running our junior lifeguard and keiki lifeguard
programs, they are filming that from a distance. That is part of the agreement.
They will not interfere with us, they will not make us do a re-cut kind of thing, they
are not allowed to do any of that. That is why this is really so simple that they
understand that they are outside looking in while we are doing this program
because that is essence of the program, and the message that we are trying to get
out.
Ms. Yukimura: They are taking the young people and doing
things separately outside of your junior lifeguard program?
Mr. Westerman: Right.
Ms. Yukimura: The relationship that they have then is a
totally separate relationship.
Mr. Westerman: Absolutely.
Ms. Yukimura: It is not something that can said be through
the County?
Mr. Westerman: Right. Because that is what the Ethics
Commission said. We had to keep it separate.
Ms. Yukimura: Because if there were any connection that
would be... there are all kinds of potential things that could happen that I do not
think the County should be responsible for.
Mr. Westerman: Right.
Mr. Trask: They are going to work with the kids and
cover that but we made it clear that it is not our kuleana.
Ms. Yukimura: I hope that the language makes that clear;
the separation.
Mr. Trask: The Ethic Y
opinion clearly states that we
p
cannot et involved any further.
g Y
Chair Furfaro: It is kind of like our lifeguards are being
g
featured in a reality show.
III
COUNCIL MEETING 107 MARCH 27, 2013
Mr. Trask: Well, the kids. Our lifeguards are more...
Chair Furfaro: No, but you are telling me that they are
going to shoot the lifeguards from being in the stance and so forth as part of their
narrative.
Mr. Trask: Yes.
Chair Furfaro: That is really, right.
Mr. Westerman: Yes.
Chair Furfaro: And then the kids will deliver and
enhancement to the water safety.
Mr. Trask: Essentially they are going to choose some
kids, they will track them, go to their house... I live here and this is what I do I play
baseball, Kaua`i kids stuff.
Chair Furfaro: Got it.
Mr. Bynum: This is great! We are all proud of the junior
lifeguards... so, this is great. Thank you.
LONNIE SYKOS: On the one hand it seems like a tremendous
opportunity for Kaua`i if for no other reason than marketing publicity for our
tourism industry. We have a significant problem on this island with ocean safety,
the whole State does. My problem in this is that we are turning our ocean safety
message over to the producers of the reality show. By contract, we do not have any
say over how they present ocean safety and my problem is that spent as a State
millions of dollars a year attracting people to our beaches that are inherently unsafe
and then even in the newspaper yesterday Sue Kanoho from our Visitor's Bureau
made the comment that it was on the tourist to learn everything that they need to
know about the dangers at our beaches. That she implied they drown because they
failed to inform themselves. My problem with our whole ocean safety failure is I do
not think tourist are stupid and I do not think that the tourist should have it
p laced upon them that after they here on their once in a lifetime vacation,
they
should have to spent significant amount of time undoing all of the marketing that
we did to bring them here in the first place. All our marketing is that this is a
swimmer, snorkeler's g
aradise and there are smiling whales, etc., and the truth is
p
that when the surf comes up, you go close to the shore, you die. I am a waterman
and get sucked out without my fins on and where is the helicopter? For the tourist,
they have no idea. I was just back in my mom's home County in North Carolina
and trust me nobody here that is not from that environment knows if you get bit
once by a tick, you can die. One tick bite, you can die. Our dangers at the beach, my
concern is that this show will continue to impress the public that our beaches are
safer than they are. That is my problem with turning the ocean safety message in
this program over to the people doing this because whatever their motive is or could
be, the fact is it is a commercial venture and the entire purpose of this is to sell
advertisement. That is how you make money, you sell advertising for your program.
I am asking the Council to think carefully about turning any portion of our ocean
safety public image over to a profit institution.
COUNCIL MEETING 108 MARCH 27, 2013
Chair Furfaro: Thank you for your testimony and your
points are well taken. I think this effort here is focused on even the residents, the
children that are here understand the dangers of the exposure and I am hoping a lot
more work is done with the vacation rentals that you have pointed out. We actually
lost a number of visitors, it is unfortunate, but we also lost a couple of residents.
Mr. Sykos: I agree. It does not matter how good of a
waterman you are, right? One oops at the beach and it can be all over.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Mr. Bynum: I want to talk about Sue for a minute
because I have watched her really press the envelope on this issue and push her
own industry to be who have responded quite well. I am really impressed with the
Visitor Industry's intention to this, their concern, and support. She is one of the
prime movers to put safety videos in the baggage claim area which is an
outstanding idea. Even Doctor Downs who is so passionate about this issue that he
is not shy about criticizing the Council or the County when something goes wrong
that really made it clear in a recent... that the Visitor Industry has stepped up on
this issue and responded. I just had to say that in Sue's defense. Sometimes you
get quoted in the newspaper and it does not really give you the full context of what
your position is on a particular thing.
Ms. Yukimura: I want to say that I feel like I have been
working with Sue Kanoho for years to try to get video on the airplanes and she has
done everything she can do and will continue to work on that. I also want to say
that I am a little worried about the distinction with the junior lifeguard program
and that the other work that they do with the kids is not really clear in here. Also,
we are giving an inclusive right to showcase, present, promote the program and its
activities for a period of time. That is a benefit that we are giving out and I do not
doubt the couple here but I do not doubt their sincerity or their very strong support
of this program and their desire to do good here on the island. It is a benefit that
we are giving out and I am not sure in exchange for what... but there is not a clarity
about the junior lifeguard program as being separate from the other work that the
other group does with the kids. I think that is sort of important to do that.
There being no objections, the rules were suspended.
Mr. Trask: First off regarding the exclusive video
language, it is my understanding and this is largely from the media, when someone
does something like this and this is not... you either get production money up front
when you sell the idea and you get backed by a studio. Then they will front you all
the cost. Or you start filming something, you prepare a treatment and then you try
to shop it around and sell it. We are not in the business of television. It is not within
the Charter or County Ordinances, I have looked. What these people are doing is
fronting all the costs and really the only benefit we are getting is an opportunity to
get the message out. Again, Ocean Safety and the Fire Department wanted to take
advantage of this opportunity. If we enter into this agreement with these people, it
is true, they will be the only ones that can shop around this lifeguard idea. There is
no money exchanging, so there is no procurement issues, etc. The Fire Department
is willing to enter into this agreement with them through Kalani Vierra of Ocean
Safety because they appreciate this opportunity. If you bid this out, you can deny
the request today and they will stop. There will be no more TV show. Aside from
COUNCIL MEETING 109 MARCH 27, 2013
that if you really want to get into it of what I think would be the best thing is to
approve Special Counsel funds so we can hire an attorney from LA to go over all
these things and write a big document that will treat everything and make it more
complex. I definitely do not have the expertise to do this and it does not involve
Intellectual Property Law and Entertainment Law. This is what we got right now
and I really do not know much more.
There being no objections, the meeting was called back to order, and
proceeded as follows:
The motion to approve C 2013-139 was then put, and carried by the following
vote:
FOR APPROVAL: Bynum, Hooser, Rapozo,
Yukimura, Furfaro TOTAL — 5,
AGAINST APPROVAL: Kagawa, Nakamura TOTAL— 2,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
C 2013-132 Communication (03/13/2013) from the Director of Finance,
transmitting for Council information, the Period 6 Financial Reports — Detailed
Budget Report, Statement of Revenues (Estimated and Actual), Statement of
Expenditures and Encumbrances, and Revenue Report as of December 31, 2012,
pursuant to Section 21 of the Fiscal Year 2012-2013 Operating Budget Ordinance
No. B-2012-736 of the County of Kaua`i: Mr. Bynum moved to receive C 2013-132 for
the record, seconded by Ms. Yukimura, and carried by a 5:0:2:0 vote (Mr. Kagawa
and Ms. Nakamura were Excused).
There being no objections, C 2013-136 and C 2013-137 were taken out of
order.
C 2013-136 Communication (03/15/2013) from the Deputy Director of
Finance, transmitting for Council information, the 2013 Real Property Assessment
List of the County of Kaua`i: Mr. Bynum moved to receive C 2013-136 for the record,
seconded by Ms. Yukimura, and carried by a 5:0:2:0 vote (Mr. Kagawa and Ms.
Nakamura were Excused).
C 2013-137 Communication (03/15/2013) from the Director of Finance,
transmitting for Council consideration, supplemental property tax revenue
information pertaining to the estimated reduction in real property tax revenues
resulting from the various tax relief measures enacted by the County Council, based
on the Real Property Assessment Certification for Fiscal Year 2014 factored with
the existing real property tax rates: Mr. Bynum moved to receive C 2013-137 for the
record, seconded by Ms. Yukimura, and carried by a 5:0:2:0 vote (Mr. Kagawa and
Ms. Nakamura were Excused).
C 2013-135 Communication (03/15/2013) from Council Chair Furfaro,
requesting the presence of the Director of Finance and the Director of Parks &
Recreation, to provide an overview of the "Parks & Recreation Improvement and
Maintenance Revolving Fund," and to provide a report that reconciles the expenses
and revenues within the fund: Mr. Bynum referred C 2013-135 to the Public Works
/ Parks & Recreation Committee Meeting, seconded by Ms. Yukimura, and carried
by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
COUNCIL MEETING 110 MARCH 27, 2013
CLAIMS:
C 2013-140 Communication (03/07/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Lynelle H. Lopez, for
g g Y Y Y p
damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai.
Mr. Bynum moved to refer C 2013-140 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Ms. Yukimura, and
carried by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
C 2013-141 Communication (03/11/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai, by Bob's Roofing LLC,
Robert Kuslo, for damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i: Mr. Bynum moved to refer C 2013-141 to the County Attorney's
Office for disposition and/or report back to the Council, seconded by Ms. Yukimura,
and carried by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
C 2013-142 Communication (03/13/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai, by William R. Ronaldson,
for damage to his personal property, pursuant to Section 23.06, Charter of the
County of Kaua`i: Mr. Bynum moved to refer C 2013-142 to the County Attorney's
Office for disposition and/or report back to the Council, seconded by Ms. Yukimura,
and carried by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
C 2013-143 Communication (03/15/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Island Insurance
Company, as subrogee of Ernest Sueoka, for property damage, pursuant to Section
23.06, Charter of the County of Kauai: Mr. Bynum moved to refer C 2013-143 to
the County Attorney's Office for disposition and/or report back to the Council,
seconded by Ms. Yukimura, and carried by a 5:0:2:0 vote (Mr. Kagawa and Ms.
Nakamura was Excused).
C 2013-144 Communication (03/18/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by Marvin Hesapene, for
damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai:
Mr. Bynum moved to refer C 2013-144 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Ms. Yukimura, and
carried by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
C 2013-145 Communication (03/18/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Fairmont Specialty, for
damages to their vehicle, pursuant to Section 23.06, Charter of the County of
Kauai: Mr. Bynum moved to refer C 2013-145 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Ms. Yukimura, and
carried by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
C 2013-146 Communication (03/19/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Steven B. Macklin, P.E.,
for property damage, pursuant to Section 23.06, Charter of the County of Kaua`i:
Mr. Bynum moved to refer C 2013-146 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Ms. Yukimura, and
carried by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
COMMITTEE REPORTS:
COUNCIL MEETING 111 MARCH 27, 2013
ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY
ASSISTANCE COMMITTEE
A report (No. CR-EPC 2013-02) submitted by the Environmental Services /
Public Safety / Community Assistance Committee, recommending that the following
be received for the record:
"EPC 2013-02 Communication (03/03/2013) from the Director of
Economic Development, requesting agenda time to provide a presentation on
the results of the Waimea Air Quality Study,"
Mr. Bynum moved for approval of the report, seconded by Ms. Yukimura, and
carried by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
PUBLIC WORKS / PARKS & RECREATION COMMITTEE
A report (No. CR-PWPR 2013-10) submitted by the Public Works / Parks &
Recreation Committee, recommending that the following be received for the record.
"PWPR 2013-08 Communication (03/01/2013) from Committee
Chair Kagawa, requesting the presence of the Director of Parks & Recreation,
to provide an update on the repair and maintenance of the scoreboards
located at Hanapepe Stadium, as well as the repair and maintenance of all
other scoreboards located at County stadiums and parks,"
Mr. Bynum moved for approval of the report, seconded by Mr. Rapozo, and
carried by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
A report (No. CR-PWPR 2013-11) submitted by the Public Works / Parks &
Recreation Committee, recommending that the following be received for the record.
"PWPR 2013-09 Communication (03/13/2013) from Committee
Chair Kagawa and Chair Furfaro, requesting the presence of the Director of
Parks & Recreation to provide the Council with an update on the condition
and operation of the Wailua Golf Course, to include but not limited to, the
status of all concession contracts at the Wailua Golf Course,"
Mr. Bynum moved for approval of the report, seconded by Mr. Rapozo, and
carried by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
Resolution No. 2013-07, RESOLUTION ESTABLISHING NO-PARKING AT
ANY TIME ALONG A PORTION OF PO`IPU ROAD IN THE VICINITY OF THE
DRIVEWAY ENTRANCE TO THE KIAHUNA PLANTATION RESORT,
MARRIOTT'S WAIOHAI BEACH CLUB, AND KO'A KEA HOTEL, KOLOA
DISTRICT: Mr. Rapozo moved to receive Resolution No. 2013-07 for the record,
seconded by Ms. Yukimura.
Ms. Yukimura: This is in reference to a letter we received
from Larry Dill asking us to receive this and they are going to send something back
to us at a later date.
Chair Furfaro: Date is not specific.
COUNCIL MEETING 112 MARCH 27, 2013
Ms. Yukimura: Right, w
so the issue is still alive as far as we
g
are concern but this particular Resolution is not.
The motion to receive Resolution No. 2013-07 for the record was then put,
and carried by a 5:0:2:0 vote (Mr. Kagawa and Ms. Nakamura was Excused).
Resolution No. 2013-42, RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Heath Allen Prow):
Ms. Yukimura moved to adopt Resolution No. 2013-42, seconded by Mr. Rapozo, and
carried by the following vote:
FOR ADOPTION: Bynum, Hooser, Rapozo,
Yukimura, Furfaro TOTAL — 5,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: Kagawa, Nakamura TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Resolution No. 2013-43, RESOLUTION REPEALING ITEM NO.
EIGHTEEN (18), SECTION XVI, OF RESOLUTION NO. 54-91, RELATING TO
THE TWENTY-FIVE MILES PER HOUR (25 MPH) SPEED LIMIT ALONG
A PORTION OF IWIPOLENA ROAD, AND ESTABLISHING A NEW
MAXIMUM SPEED LIMIT OF FIFTEEN MILES PER HOUR (15 MPH) ALONG
PORTIONS OF IWIPOLENA ROAD, WAIMEA DISTRICT, COUNTY OF KAUAI,
STATE OF HAWAII: Mr. Rapozo moved to adopt Resolution No. 2013-43, seconded
by Ms. Yukimura, and carried by the following vote:
FOR ADOPTION: Bynum, Hooser, Rapozo,
Yukimura, Furfaro TOTAL — 5,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Kagawa, Nakamura TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: The next item, I believe, has been a request
to defer. Am I correction?
Mr. Clerk: Yes, both Resolution No. 2013-44 and
Resolution No. 2013-45.
Resolution No. 2013-44, RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2013 ACTION PLAN (HOME INVESTMENT
PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT (PUBLIC LAW 101-625), AS AMENDED
Upon motion duly made by Mr. Bynum, seconded by Ms. Yukimura, and
carried a 5:0:2:0 vote Mr. Kagawa and Ms. Nakamura
( g wer e excused),
Resolution No. 2013-44 was deferred.
(Ms. Yukimura was Recused on this item.)
Resolution No. 2013-45, RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2013 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
COUNCIL MEETING 113 MARCH 27, 2013
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED
Upon motion duly made by Mr. Bynum, seconded by Mr. Rapozo, and carried
a 4:0:2:1 vote (Mr. Kagawa and Ms. Nakamura were excused, and Ms.
Yukimura was recused), Resolution No. 2013-45 was deferred.
(Ms. Yukimura was noted back in the Council Meeting.)
Resolution No. 2013-46, RESOLUTION URGING THE GOVERNOR, THE
HAWAII CONGRESSIONAL DELEGATION, AND ALL STATE OF HAWAII
LEGISLATORS TO ENCOURAGE PRESIDENT BARACK H. OBAMA TO SELECT
HAWAII AS THE SITE FOR HIS PRESIDENTIAL LIBRARY: Ms. Yukimura
moved to adopt Resolution No. 2013-46, seconded by Mr. Rapozo.
Chair Furfaro: This is a Resolution that was introduced by
Vice Chair Nakamura, although she is not here, I do believe that she would
appreciate your support.
The motion to adopt Resolution No. 2013-46 was then put, and carried by the
followin g vote:
FOR ADOPTION: Bynum, Hooser, Rapozo,
Yukimura, Furfaro TOTAL — 5,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: Kagawa, Nakamura TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
ADJOURNMENT.
There being no further r
business, the meeting was adjourned at 6:48 p.m.
Respectfully submitted,
RICKY WATANABE
County Clerk
:dmc
1I
ATTACHMENT 1
(March 27, 2013)
FLOOR AMENDMENT
Resolution No. 2013-47, Resolution Determining The County of Kaua`i Fuel Tax
Rate And Repealing Resolution No. 2004-06, Draft 2
Introduced by: JOANN A. YUKIMURA
1. Amend Resolution No. 2013-47 in its entirety to read as follows:
"[BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
KAUAI, STATE OF HAWAII:
SECTION 1. In accordance with Section 243-5, Hawai`i Revised
Statutes, as amended ("HRS"), and Section 5-1.1, Kaua`i County Code 1987, as
amended, the fuel tax levied and collected shall be set at fifteen cents (15¢) per
gallon of liquid fuel and zero cents (0¢) per gallon of biodiesel.
SECTION 2. Chapter 243, HRS, as amended, requires that the
County of Kaua`i fuel tax be set by resolution.
SECTION 3. Resolution No. 2004-06, Draft 2 is hereby repealed.
SECTION 4. Copies of this Resolution shall be transmitted to
the Mayor, Director of Finance, and the Director of Taxation of the State of
Hawaii.
SECTION 5. This Resolution shall take effect on July 1, 2013.]
WHEREAS, the purpose of this resolution is to ensure the long term
viability of both the county road system and the public bus system, to reduce
auto maintenance costs to the driving public by providing better roads, and to
meet the growing demand for bus services that will help to reduce vehicular
traffic on the roads as well as fossil fuel consumption, greenhouse gases, and
household transportation costs; and
WHEREAS, the Council finds that county gas taxes have not been
raised for 14 years; yet road repair costs, which are partly oil-based, have
risen astronomically. Therefore, an increase is justified and will help to
ensure a regular roadway resurfacing and maintenance program based on a
preventive maintenance approach. In Honolulu poorly maintained roads are
estimated to cost drivers an average of $600.00 — $700.00 each year in
repairs, new tires, and added fuel annually; and
WHEREAS, the Council also finds that demand for bus services has
also grown tremendously to the point where both passengers and bicyclists
are being turned away because the buses are sometimes too full to safely
accommodate all the passengers who are waiting at a bus stop. If the County
is to expand bus services as called for in the Multimodal Land Transportation
Plan, it will need a source of financing to do so; and
WHEREAS, the Council also finds that it is important to have users of
the county's road system pay their fair share since it is primarily the user
that is causing the need for road maintenance and getting the benefit from
use of the road system. Among the users are visitors to Kauai who make up
about twenty percent (20%) of the county's de facto population; now,
therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI,
STATE OF HAWAII:
SECTION 1. The County of Kauai fuel tax shall be fixed as
4::,------stated in Resolution No. 2013-47, Draft 1.
The County of Kaua`i fuel tax per gallon of liquid fuel, authorized by
Chapter 243, Hawai`i Revised Statutes(HRS), as amended, is thirteen cents
(13¢) per gallon of liquid fuel and zero cents (00) per gallon of biodiesel, and
shall be increased as follows:
Effective July 1, 2013, an additional three cents (30) per gallon of
liquid fuel;
Effective July 1, 2014, an additional one cent (1¢) per gallon of liquid
fuel; and
Effective July 1, 2015 an additional two cents (2¢) per gallon of liquid
fuel.
The amount of fuel tax collected annually from four cents (40) per
gallon of liquid fuel shall be used exclusively for the improvement and
operation of The Kaua`i Bus."
SECTION 2. Chapter 243, HRS, as amended, requires that the
County of Kaua`i fuel tax be set by resolution.
SECTION 3. Resolution No. 2004-06, Draft 2 is hereby repealed.
SECTION 4. Copies of this Resolution shall be transmitted to
the Mayor, Director of Finance, and the Director of Taxation of the State of
Hawa'i`i.
SECTION 5. This Resolution shall take effect on July 1, 2013."
(Material to be deleted is bracketed. New material to be added is underscored.)
V:\AMENDMENTS\2012-2014 term\Fuel Tax Resolution Floor Amendment (JY) SS_cy.doc
ATTACHMENT 2
(March 27, 2013)
FLOOR AMENDMENT
Proposed Draft Bill (No. 2484), A Bill For An Ordinance Amending Section 5-1.1,
Kaua`i County Code 1987, As Amended, Relating To The County Fuel Tax
Introduced by: JOANN A. YUKIMURA
1. Amend Proposed Draft Bill (No. 2484) in its entirety to read as follows:
"SECTION 1. Purpose. The purpose of this ordinance is to
ensure the long term viability of both the county road system and the public
bus system, to reduce auto maintenance costs to the driving public by
providing better roads, and to meet the growing demand for bus services that
will help to reduce vehicular traffic on the roads as well as fossil fuel
consumption, greenhouse gases, and household transportation costs.
The Council finds that county gas taxes have not been raised for 14
years; yet road repair costs, which are partly oil-based, have risen
astronomically. Therefore, an increase is justified and will help to ensure a
regular roadway resurfacing and maintenance program based on a
preventive maintenance approach. In Honolulu poorly maintained roads are
estimated to cost drivers an average of $600.00 — $700.00 each year in
repairs, new tires, and added fuel annually.
The Council also finds that demand for bus services has also grown
tremendously to the point where both passengers and bicyclists are being
turned away because the buses are sometimes too full to safely accommodate
all the passengers who are waiting at a bus stop. If the County is to expand
bus services as called for in the Multimodal Land Transportation Plan, it will
need a source of financing to do so.
The Council also finds that it is important to have users of the county's
road system pay their fair share since it is primarily the user that is causing
the need for road maintenance and getting the benefit from use of the road
system. Among the users are visitors to Kauai who make up about twenty
percent (20%) of the county's de facto population.
SECTION 2. Chapter 5, Article 1, Section 5-1.1 of the Kaua`i
County Code 1987, as amended, is hereby amended to read as follows:
Sec. 5-1.1 Fuel Tax Rate.
[The County of Kaua`i fuel tax authorized by Chapter 243 Haw.
Rev. Stat., as amended is thirteen cents(13¢) per gallon of liquid fuel,
and zero cents (0¢) per gallon of biodiesel, as fixed by Resolution
No. 2004-06, Draft 2, pursuant to Sec.243-5, Haw. Rev. Stat., as
amended. A review by the Administration of the impact the biodiesel
fuel tax rate established herein has on the highway fund shall be
completed by July 1, 2009.]
The County of Kaua`i fuel tax shall be fixed as stated in
Resolution No. 2013-47, Draft 1.
The County of Kaua`i fuel tax per gallon of liquid fuel,
authorized by Chapter 243, Hawaii Revised Statutes (HRS), as
amended, is thirteen cents (13¢) per gallon of liquid fuel and zero cents
(0C) per gallon of biodiesel, and shall be increased as follows:
Effective July 1, 2013, an additional three cents (30) per gallon
of liquid fuel;
Effective July 1, 2014, an additional one cent (1¢) per gallon of
liquid fuel; and
Effective July 1, 2015 an additional two cents (2¢) per gallon of
liquid fuel.
The amount of fuel tax collected annually from four cents (4¢)
per gallon of liquid fuel shall be used exclusively for the improvement
and operation of The Kaua`i Bus."
SECTION 3. If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of the Ordinance which can be given
effect without the invalid provision or application, and to this end the
provisions of this Ordinance are severable.
SECTION 4. Material to be deleted is bracketed. New material
is underscored. When revising, compiling, or printing this Ordinance for
inclusion in the Kauai County Code 1987, as amended, the brackets,
bracketed material and underscoring need not be included.
SECTION 5. This Ordinance shall take effect July 1, 2013.
(Material to be deleted is bracketed. New material to be added is underscored.)
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