HomeMy WebLinkAbout 05/22/2013 Council Meeting Minutes COUNCIL MEETING
MAY 22, 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, Kaua`i, on Wednesday, May 22, 2013 at 9:00 a.m., after which the
following members answered the call of the roll:
Honorable Gary L. Hooser
Honorable Ross Kagawa (present at 2:05 p.m.)
Honorable Nadine K. Nakamura
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Honorable Jay Furfaro
Excused: Honorable Tim Bynum
APPROVAL OF AGENDA.
Ms. Yukimura moved for approval of the agenda as circulated, seconded by
Mr. Rapozo, and unanimously carried.
MINUTES of the following meetings of the Council:
March 13, 2013 Council Meeting
April 24, 2013 Council Meeting
Ms. Yukimura moved to approve the Minutes as circulated, seconded by
Mr. Rapozo, and unanimously carried.
Chair Furfaro: Before I go to the Consent Calendar, I have
some housekeeping notes for the rest of the Agenda. Earlier this morning, at 8:30
a.m., we had called for the public hearing on the Mayor's modified budget. Just a
reminder, the Special Council Meeting for the second and final reading of the budget
will be Tuesday, May 28th, here at the Chambers. Today, for Executive Sessions, we
are going to note that the Special Counsel for ES-641, Mr. Sato has called in ill from
Honolulu today and I am going to ask right now if we can have a deferral on ES-641.
There being no objections, item ES-641 was taken out of order.
EXECU TIVE S ESSION:
ES-641 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 Office of the County
Attorney, on behalf of the Council, requests an Executive Session with the Council,
to consult with Special Counsel relating to the investigation of personnel matters
involving the Office of the County Auditor 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.
COUNCIL MEETING 2 MAY 22, 2013
Mr. Rapozo moved to defer ES-641, seconded by Ms. Yukimura, and
unanimously carried.
Chair Furfaro: Now before I go to the Consent Calendar, you
will notice that the room is extremely fragrant today and we have many gifts of
Aloha and to say in particular to Elaine Tamura, on behalf of the entire Council and
some of our Staff, we have made excellent use of the floral decorative pieces for
today's meeting. Thank you very much.
Ms. Yukimura: Mahalo.
Chair Furfaro: Yes, Mahalo, Elaine. I have been informed
from the Mayor's Office that Bill No. 2460, Draft 1, which, in fact, deals with the
Kaua`i County Building Code, the amended version, the Mayor is asking for a
deferral on that item as well today. Could we please note a deferral and I do have
the Mayor's deferral request?
There being no objections, Bill No. 2460, Draft 1 was taken out of order.
BILL FOR SECOND READING:
BILL NO. 2460, Draft 1 — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 12, OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
ENTITLED "BUILDING CODE"
Mr. Rapozo moved to defer Bill No. 2460, Draft 1, seconded by Mr. Hooser, and
unanimously carried.
Chair Furfaro: Okay on that note, I believe we can go to the
Consent Calendar and take public speaking and make note that the time is 9:05 a.m.
and there is no one in the audience for the reading of the Consent Calendar and the
Consent Calendar includes items C 2013-186, C 2013-187, C 2013-188, C 2013-189,
and C 2013-190.
CONSENT CALENDAR:
C 2013-186 Communication (05/08/2013) from the Mayor, submitting his
supplemental budget communication for Fiscal Year 2013-2014 and proposed
amendments to the budget bills, pursuant to Section 19.02A of the Kaua`i County
Charter: Ms. Nakamura moved to receive C 2013-186 for the record, seconded by
Mr. Rapozo, and unanimously carried.
C 2013-187 Communication (04/10/2013) from the County Engineer,
transmitting for Council consideration, proposed amendments to Chapter 14, Kaua`i
County Code 1987, as amended, relating to the Plumbing Code: Ms. Nakamura
moved to receive C 2013-187 for the record, seconded by Mr. Rapozo, and
unanimously carried.
C 2013-188 Communication (04/29/2013) from the Chief of Police,
transmitting for Council consideration, proposed amendments to Chapters 16 and
19, Kaua`i County Code 1987, as amended, relating to abandoned vehicles:
Ms. Nakamura moved to receive C 2013-188 for the record, seconded by Mr. Rapozo,
and unanimous) carried.
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COUNCIL MEETING 3 MAY 22, 2013
C 2013-189 Communication (05/07/2013) from the Director of Planning,
transmitting the Planning Commission's recommendation to amend Chapter 8,
Kaua`i County Code 1987, As Amended, to clarify the process for approving or
denying a proposed zoning amendment, increasing the processing fee for such
amendments, and extending the timeline for decision making by the Planning
Commission and County Council for such amendments: Ms. Nakamura moved to
receive C 2013-189 for the record, seconded by Mr. Rapozo, and unanimously carried.
C 2013-190 Communication (05/07/2013) from the Director of Planning,
transmitting the Planning Commission's recommendation to adjust fess charged and
levied by the Planning Department, pursuant to Chapters 7, 8, and 9 of the Kaua`i
County Code 1987, as amended, and to clarify procedures concerning the timing of
renewals: Ms. Nakamura moved to receive C 2013-190 for the record, seconded by
Mr. Rapozo, and unanimously carried.
Chair Furfaro: We also have a special request today from the
Housing Agency to keep the review on their item for 11:00 a.m., they have speakers
coming in from Honolulu at 11:00 a.m. this morning. On other Executive Session
matters, this is more for Ho`ike that 2:30 p.m. today we will be breaking for ES-638
and ES-640, we have eleven Executive Sessions for this afternoon, but we will have
to come back for a vote on the floor that needs to be recorded for C 2013-197,
C 2013-198, and C 2013-199 so you have to be quite flexibility with your time today.
On that note let us go to Communications, Mr. Clerk. Excuse me, did you gentlemen
intend to comment on the Consent Calendar? No? Thank you, please continue.
COMMUNICATIONS:
C 2013-182 Communication (04/23/2013) from Council Chair Furfaro,
requesting the presence of the Director of Planning and the Prosecuting Attorney, to
provide the Council with a briefing regarding the coordination of efforts between the
Planning Department and the Office of the Prosecuting Attorney to enforce the
Transient Vacation Rental (TVR) ordinances and their plans for dealing with the
various enforcement issues raised by the public and Councilmembers.
Chair Furfaro: So note, this item was deferred two weeks ago
and came back on the schedule, even though we have introduced in the week in
between a new Resolution. I will call the County Attorney up, because I understand
that the Planning Director will not be attending today.
There being no objections, the rules were suspended.
ALFRED B. CASTILLO, JR., County Attorney: That is correct.
That is on the advice of Counsel.
Mr. Rapozo moved to receive C 2013-182 for the record, seconded by
Ms. Nakamura.
Chair Furfaro: Thank you, motion to receive. Commentary?
I will be taking public testimony, but again, I want to remind you this
communication was previous to the Resolution.
Ms. Yukimura: If I may ask?
COUNCIL MEETING 4 MAY 22, 2013
Chair Furfaro: You have the floor for a question for the
County Attorney?
Ms. Yukimura: I think I said many times on the floor that we
were going to use this period to understand more about the process, and the plans.
So I am quite disappointed that neither the Prosecutor, nor the Planning Director is
here, but apparently it is under advice of Counsel. Mr. Castillo, what are the
grounds for advising the Planning Director that he cannot speak today?
Mr. Castillo: Good morning, Council Chair,
Councilmembers. Councilmember Yukimura, as you know, I cannot elaborate on...it
is privileged information.
Ms. Yukimura: You can definitely tell us the grounds by
which you are advising him not to come, because he may be able to speak on certain
things, but not on others.
Mr. Castillo: Well, and like I said, that is privileged
information and I cannot divulge any discussions that I have had with Mr. Dahilig.
Ms. Yukimura: Your reasons are privileged information?
Your reasons that the basis of your advice or Mr. Dahilig's decision not to show up is
privileged? You cannot give us a basic reason why he cannot show up and if so, does
that mean he does not show up on June 12th as well?
Mr. Castillo: I am trying to help out the situation here. If
you are asking me that could Mr. Dahilig come here and basically say to the Council
that, "I am not going to say anything and I invoke the fifth," and that could have
happened too. I cannot comment on any discussions that I have had with
Mr. Dahilig.
Ms. Yukimura: You are saying that he cannot speak to the
process by which the Planning Department prosecutes Transient Vacation Rentals
or at least sort out the policies regarding TVSs?
Mr. Castillo: Councilmember Yukimura, I think it would
be better, if instead of speculating on what the questions will be in regard to what
the Council intends to do regarding 3.17, and if specific questions regarding that
could be made beforehand and I think then it would be helpful then...then
Mr. Dahilig would not have to invoke a broad spectrum of his Constitutional right
not to say anything.
Ms. Yukimura: Mr. Castillo, we are not even talking about an
investigation on this issue. The communication from Chair Furfaro requesting the
presence of the Director of Planning and the Prosecuting Attorney to provide the
Council with a briefing regarding the coordination of efforts between the Planning
Department and the Office of the Prosecuting Attorney to enforce Transient
Vacation Rental Ordinances and their plans for dealing with various enforcement
issues raised by the public and the Councilmembers. So there is nothing about an
investigation.
Mr. Castillo: And there is where I would have to disagree,
where you are stating that there is nothing regarding an investigation here, because
th e subject-matter is TVRs and the Council is going through a decision-making
COUNCIL MEETING 5 MAY 22, 2013
process of how and when the investigation regarding the 3.17. I think it is prudent
for...I mean, I cannot comment on whether or not...I am sorry. It is my
understanding that he is not here because he has a right not to say anything at this
point in time.
Ms. Yukimura: We have a Planning Director who is
responsible for the enforcement of Transient Vacation Rentals.
Mr. Castillo: I understand.
Ms. Yukimura: It is a very important issue to the public and
you are saying that he has a right not to be here. I am talking about his
responsibility to be here.
Mr. Castillo: Well, yes, okay. Well, that is what I would
like to clarify. Because I am pretty sure that the Department would be able to give
the Council all that they have done regarding TVRs and what they plan to do, but
that is the reason why I asked...I said it would be best if the specific questions were
laid out because this is headed for an investigation for 3.17.
Ms. Yukimura: Well, then why do you not just sit next to him
and if there is a question inappropriate for him to answer, then you say so. But to
have a blanket prohibition for him talking to the Council about an issue that he is
responsible for as a public official and we are responsible for inquiring about. I do
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not understand how he cannot show up, based legal advice.
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Mr. Castillo: That is the reason why I did mention earlier,
if you wanted him to be present for him to answer your questions, or not answer
your questions.
Ms. Yukimura: So why could he not be here and then you
advise him? Because we may have questions that come up, that go...we may give
you a list of all the questions that we want to ask, but we may have follow-up
questions, we may have new questions that come to mind as we are in discussion. To
have this system where we have to put it in writing and then put it on the agenda is
ridiculous. It is a much more workable system to respect your issues and have you
sit there and tell him when the question is inappropriate and he shall not answer.
Mr. Castillo: I do not share your understanding about
whether or not anyone invoking their Constitutional right is ridiculous. I think this
is an important matter, and if...maybe Council Chair, if we could get a recess, and
then I can have someone call Mr. Dahilig.
Chair Furfaro: I have two (2) questions for you, one from me,
and one from Mr. Rapozo. My question is, is the way that I worded the
correspondence, because it relates to certain enforcement issues that deal with
comments and identified by the public that conflicts with the Resolution, which
identifies them by tax map key numbers. If I worded this differently, then making
reference to that? Is that what you are telling me, I should talk about the procedure
in enforcement versus the actual complaints that have come to the Council?
Mr. Castillo: Yes, Council Chair. Council Chair, because in
regard to general procedures, I do not see any problem regarding general procedures.
COUNCIL MEETING 6 MAY 22, 2013
Chair Furfaro: Okay. You have answered my question at this
point. Mr. Rapozo you have the floor and I do plan to take a recess and put this later
in the day and you can take that time to sort out the thinking on this.
Mr. Castillo: Thank you.
Chair Furfaro: Mr. Rapozo.
Mr. Rapozo: Thank you, Al, for being here and let me say I
agree with everything that Councilmember Yukimura said. I do not think it has
ever happened in all the years I served. I do not agree with a lot of what she says,
but this I agree with what she said one hundred percent (100%). This posting is
proper and Al, who is representing the Planning Department? Is that you?
Mr. Castillo: The Plannin g Department artment is right now as we
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speak is being represented by Ian Jung.
Mr. Rapozo: So Ian Jung advised the Planning Director
not to be here today?
Mr. Castillo: I do not want to...I cannot tell you who
advised who. But why do you not have Mr. Dahilig come here?
Mr. Rapozo: There is no sense to have him come here if he
is going to say "he cannot tell us anything." If a Deputy County Attorney who is
representing the Planning Department made that ruling, then I would like an
opportunity to have a Deputy to represent this Council to argue that point. This
posting is for them to come tell us what they are going to do, and has nothing to do
with 3.17. To me, it is an outright...I can tell you that I have never seen this as well,
no, we are not going to answer any questions of the County Council. That to me,
that is disrespectful and I do not know if it rises to the level of violation of any kind
Charter requirement, but to say I am not coming to talk about anything...I can
understand like JoAnn said, if we ask about a specific thing and obviously, we are
not going to answer that question here and I did not even hear an offer to go into
Executive Session. But no, we are not talking. Sorry, we are not and I find that
really, really disturbing. So I would like to have an opportunity to discuss our issue
or our concerns with a Deputy County Attorney as well?
Mr. Castillo: Yes, Councilmember Rapozo, in terms of
advising the Council, it would be my obligation to advise the Council, and because of
the sensitive nature of what is happening here, yes, I would clearly advise the
Council that we go into Executive Session regarding any questions that you may
have. If I am not mistaken, I think that we will be placing this on the agenda for
Executive Session, rather than have a debate about the legal issues on the Council
floor.
Mr. Rapozo: Al, we have an obligation to follow the
Sunshine Law as well and if the discussion does not rise to that level, we violate the
Sunshine Law, if we are talking about general policy in that room.
Mr. Castillo: Wait, wait, I just said that for general
questions regarding procedures, I do not see any problem with that, and that is why
I asked Council Chair Furfaro to give me time to contact the Department and have
Mr. Dahili g come here.
COUNCIL MEETING 7 MAY 22, 2013
Mr. Rapozo: Today?
Mr. Castillo: Just for your information, it was my
understanding that he was not going to...if he was going to come here, because of the
possibility of a 3.17, that he was not going to say anything and invoke the Fifth,
which is his Constitutional right.
Mr. Rapozo: And the public should know that and if he
wants to come up here and say Kaua`i County Council, I plead the Fifth, then the
public needs to hear it from his lips. It is his right, and everybody's right, but I want
the public to know that the Planning Director on this day pled the Fifth Amendment.
Mr. Castillo: The way you are characterizing it is that
there is something to hide.
Mr. Rapozo: Typically when you plead the Fifth, you are
reserving the right that anything that you say can be used against you in Court.
That is what it is.
Mr. Castillo: When you plead the Fifth, you are, you are
saying that you have a Constitutional right and nothing...it should not be negative
at all.
Mr. Rapozo: I understand.
Chair Furfaro: Excuse me, let me intercede here. I am going
to move this to a little later today, okay? I would like you to have some conversation
with Mike, okay? There are two (2) parts to this piece. Obviously, the concerns that
have been raised by the public, which is well-documented and is also appearing in
the Resolution; versus the planned procedures for managing in general, TVRs, okay?
I am just going to move to the next item and give you some time to connect with him,
and I will take a recess after you have had that discussion. But we will come back to
this item.
Mr. Castillo: Okay.
Chair Furfaro: So you have some time is to sort this out with
Mike.
Mr. Rapozo: Mr. Chair?
Chair Furfaro: Go ahead.
Mr. Rapozo: Just a process question and I am not sure
who is the Parliamentarian over here, but is it possible for us to amend the agenda
during the meeting?
Chair Furfaro: I would have to say I am not sure, but I would
check with Peter Morimoto.
Mr. Rapozo: Can we check real quick? We cannot amend
the agenda? We could do a motion to reconsider on the approval of the agenda?
COUNCIL MEETING 8 MAY 22, 2013
PETER MORIMOTO, Legal Analyst: It is not on the agenda.
Mr. Rapozo: I just want to remove that last
"and/therefore."
Chair Furfaro: We can do that in this recess that I am
planning and Mr. Hooser and then I will take a recess here.
Mr. Hooser: Mr. Chair, two (2) things. I think consulting
with the Planning Director seems appropriate. At the same time, what you said was
he will not be here because Counsel advised him not to be here and it is a matter of
Counsel changing their mind and/or the Planning Director changing his mind too.
Looking at the communication, I do not think anything needs to be amended.
Clearly, various enforcement issues raised by the public and Councilmembers, is
very broad and it does not mean that the Resolution...it does not mean what
happened in 2004-2006, but it could mean what happened today. The public is very
concerned that moving forward, there is no enforcement. The investigation deals
with history. This communication deals with the future. It deals with what is the
Prosecuting Attorney and the Department of Planning going to do moving forward?
In my opinion, that is what it represents and I think it is perfectly appropriate and
certainly way broad enough to meet any criteria that would allow the Planning
Director to be here. I just wanted to make that point. Thank you.
Chair Furfaro: Understood. JoAnn and then I will take a
recess, go ahead.
Ms. Yukimura: First of all, I just want to say that I do not
appreciate you putting words into my mouth. I did not call Constitutional Rights or
the defense of Constitutional Rights "ridiculous." In fact, I was suggesting a method
by which you could protect Constitutional Rights, but where it would not stop us
from asking the questions we should legitimately be able to ask and my question is if
there is a problem with the question, it may be because the issue is under
investigation. And if that is your reasoning, I think there is a legitimate ground to
say that we cannot inquire into something under investigation, at least not in the
open. But why do you not invoke that ground, which is totally reasonable grounds,
rather than putting the Planning Department under a cloud of suspicion?
Chair Furfaro: On that note, I want to just move this a little
bit later and I believe the way Councilmember Yukimura framed it, I think is how
the question should be posed to the Planning Department. If it is the general
administration of TVR policies and so forth, we can be able to discuss them. If he
wants to basically say this particular item is under investigation, and therefore,
chooses not to comment, I think we can understand that. But we need to take this so
you can have some time to talk with him before I summarize this, you go ahead, and
I will take the floor back afterwards.
Ms. Nakamura: I think that we ran out of time last time this
was on the agenda and we did not have a chance to go over the Planning
Department's plan of action. They had something in writing and I think we jumped
into discussion rather than listening to what was going to be presented. I would like
to get back to that point, where we can have a better understanding of what is being
proposed going forward? I think that we just did not have that full discussion the
last time this was on the agenda.
COUNCIL MEETING 9 MAY 22, 2013
Chair Furfaro: So Al, and the last time it was on the agenda,
it was my communication as well. There was a timing issue with him needing to
travel, but we will pursue finding out the other questions through Mr. Morimoto
about what is the process about amending the agenda for today? We will get some
clarity on that, but you take this time to talk to the Planning Department and we
will get some clarity then.
Mr. Castillo: I will make the call, thank you.
Chair Furfaro: Very good. If you need to make the time, we
have one of your other Deputies here, that can go to Deputy County Attorney
Jennifer Winn and why do you not excuse yourself and we will come back to this
later?
Mr. Castillo: Thank you.
Chair Furfaro: Thank you very much. Let us go to the next
item, and we will be returning to C 2013-182.
KEN TAYLOR: No public comment?
Chair Furfaro: I said we will be returning to C 2013-182 and
you will get an opportunity when we return to comment on that. Did you hear me?
Mr. Taylor: I heard you.
Chair Furfaro: What is that?
Mr. Taylor: I said I do not agree.
Chair Furfaro: I know you do not agree, but you know what?
You are not running the meeting and you can be like your partner next door when he
does not agree, he files a complaint with OIP and my response to OIP is, if
Mr. Mickens wants to file a complaint on my process, he needs to be here and he was
not even in attendance when he filed the OIP complaint and I made an
administrative decision. I do not necessarily feel that you are going to be able to
comment on this item. We will come back to it. Next item.
There being no objections, the meeting was called back to order, and
proceeded as follows:
C 2013-191 Communication (05/01/2013) from the Housing Director,
requesting Council approval to sell a residential unit located at 2151B Kelikoli
Street, #20, Lihu`e, under the Neighborhood Stabilization Program (NSP), TMK: (4)
3-3-003-037-0020, by leasehold to a participant of the Affordable Housing Program
Waitlist whose household income does not exceed 120% of the Kaua`i Median
Household Income (KMHI), and to authorize the County Clerk to sign legal
documents related to the resale of this transaction: Mr. Rapozo moved to approve
C 2013-191, seconded by Ms. Yukimura.
Ms. Yukimura: Is this the one we were going to take up at
11:00 a.m.?
Chair Furfaro: No, that is not the one.
COUNCIL MEETING 10 MAY 22, 2013
Ms. Yukimura: Alright, thank you.
Chair Furfaro: So this one is a motion to approve right now.
Ms. Yukimura: Yes.
Chair Furfaro: Further discussion? If not, anybody in the
audience who wants to testify on this item before I call for the vote? No?
The motion to approve C 2013-191 was then put, and unanimously carried.
C 2013-192 _ Communication (05/03/2013) from the Chief of Police,
requesting Council approval to apply, accept, and expend the Department of Justice,
Office of Community Oriented Police Services (COPS) Hiring Program Grant in the
amount of $1,668,857.40 for the hiring of seven (7) additional officers to staff one (1)
additional beat: Mr. Rapozo moved to approve C 2013-192, seconded by Mr. Hooser.
Chair Furfaro: I am going to suspend the rules and ask the
Deputy Chief to come up.
There being no objections, the rules were suspended.
MICHAEL M. CONTRADES, Deputy Chief of Police: Good morning,
Council Chair, Councilmembers for the record Deputy Chief of Police, Michael
Contrades.
Chair Furfaro: Mr. Contrades, I have a question here for you
and I just looked at this briefly, but how did we get this a week after we went
through the budget process?
Mr. Contrades: This came to our attention at the beginning of
May. It was a grant opportunity that was E-mailed to us through the consultant
who looks for grants for our County Agencies and it was an opportunity for us to
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expand our beats. We know that the County is in a difficult financial situation and
we saw this as a chance to increase our beat, and minimize the cost to the County.
Chair Furfaro: Okay. So it was not brought to your attention
until the first week in May?
Mr. Contrades: Yes.
Chair Furfaro: Okay. So let me ask you, if I read through,
this is a 75/25% match?
Mr. Contrades: Yes, sir.
Chair Furfaro: Okay. Was there any contingency in the
Police Department for the twenty-five percent (25%)?
Mr. Contrades: Well, what we are looking at, and in my
discussions with the Finance Director, we have, if we are awarded, and what we are
asking from the Council is approval to apply for it. The grant...we will know in
September and we could get anywhere from no positions to one to seven and seven is
COUNCIL MEETING 11 MAY 22, 2013
the maximum. What we are looking at is that we have up until twelve (12) months
in order to execute it and put the Officers in place. So we will be looking at trying to
fund this with the 2015 Fiscal Year Budget.
Chair Furfaro: Okay. But I want to make sure that you
understand, and maybe this is the first time you have heard the narrative in here. It
is not just apply. Once it is apply and accept. So once it leaves today, the Council
does not have another opportunity to look at it. We are voting to give you the
exception as well to not come back, but it is twenty-five percent (25%)?
Mr. Contrades: Yes, sir.
Chair Furfaro: Okay. And has there been...you know, we
really have two (2) times in the year we can really look at things like this. We have
the budget session, you know, which wraps up in early May, and then we have let us
say late December when the CAFR comes back to use, we can see if we have any
surplus moneys. Those are the two times that we look at it. What is the critical
path that you think you folks will hear that you actually got the grant? Are we five
(5), six (6) months out before you hear back?
Mr. Contrades: My understanding it is September will be the
award. They have not given us the exact date and in October, the funds will be
available.
Chair Furfaro: And is there any critical time that we then
have to take the funds, the grant into our coffers?
Mr. Contrades: My understanding from October, it will be
available, and if at that time it is determined that we cannot afford it, we do not
have to go forward with it.
Chair Furfaro: But we could have ninety (90) to one hundred
twenty (120) days to act on it? Do we know that?
Mr. Contrades: That part I am not sure of the...I could get
you that information.
Chair Furfaro: I am not talking about the Council because
this says "accept and approve." But from the standpoint that they actually transfer
the money to us to do these hirings, whether it is one position or eight, we need some
clarity to know how many days we have to actually execute.
Mr. Contrades: I believe the decision point will be in
September, whether they give it to us or not.
Chair Furfaro: No, I heard that. What I am saying when
they give it to us in September, it is now in our coffers, how long from December do
we have to actually identify how we are spending it? Because what I am saying our
next look will be when the CAFR comes. Are you following me, Chief? So it could be
half a year, and that we realize in the reconciliation by the Auditors, we have the
money to match with and we will know that in December. Those are the two (2)
looks. Do we know if we are successful, which period of time we have to react to
that? Are you coming up to answer that, Steve?
COUNCIL MEETING 12 MAY 22, 2013
STEVEN A. HUNT, Director of Finance: I believe so.
Mr. Contrades: Sorry, I am trying to understand what you
are saying, because in October, if we do get the funds, we have twelve (12) months in
order to expend it.
Chair Furfaro: Oh, that is the piece. There it is. So we have
twelve (12) months once we know we have got the award.
Mr. Hunt: My understanding is from the award, you
have twelve (12) months to actually hire, and it takes a period to hire. So backing
out maybe five (5) or six (6) months would sort of determine the critical path when a
decision has to be made.
Chair Furfaro: So we have a twelve (12) month window once
we are successfully awarded the money. Do you agree with my synopsis that the two
(2) times we have to look at this is during the budget process which was just last
week or with the CAFR in the end of December.
Mr. Hunt: Correct, you could do a money bill if there
were available funds surplus to cover that matching portion, that is correct.
Chair Furfaro: Would you have any problems, if this got to
the point that we approved it today, that it is approving the application, rather than
approving the acceptance?
Mr. Hunt: No, in fact, in all honesty, that was the intent
to approve just the application. Once the plan had been formulated both for the
short-term and long-term financial viability of this grant, then we would come back
at that point for the acceptance and eventually the expenditure, when those funds
were made available and a timing and critical path for the hires were known.
Chair Furfaro: Okay, so you understood the narrative that I
am having a problem with as it is worded here.
Mr. Hunt: Yes.
Chair Furfaro: If we did approve this, we could amend it for
being the application first and a second visit if we were successful.
Mr. Hunt: And that would be the recommendation from
the Administration too is for the application to go through.
Mr. Contrades: That was our original intent was the
application aspect of it. Unfortunately, we followed the template that normally says
"apply, accept, and expend."
Chair Furfaro: Understood, Mr. Contrades this is referencing
the grant and the template that we use for all other grants. Mr. Rapozo, you have
the floor.
Mr. Rapozo: Thank you, Chair and thank you all for being
here. When was the last time KPD expanded a beat?
COUNCIL MEETING 13 MAY 22, 2013
Mr. Contrades: 1989.
Mr. Rapozo: 1989?
Mr. Contrades: Yes, sir. Twenty-four (24) years.
Mr. Rapozo: Twenty-four (24) years since this island has
expanded the beats?
Mr. Contrades: Yes, sir.
Mr. Rapozo: This grant would allow us the opportunity to
create one more beat?
Mr. Contrades: Yes.
Mr. Rapozo: And I guess I am getting the commitment
from you today that is what this would be used for?
Mr. Contrades: Yes, sir.
Mr. Rapozo: If this passes and we get the funding that we
would have eleven (11) beats on this island instead of ten (10)?
Mr. Contrades: That is our intent, yes.
Mr. Rapozo: And looks like our investment for this grant
would be about half a million dollars?
Mr. Contrades: Total, yes.
Mr. Rapozo: County money?
Mr. Contrades: Yes.
Mr. Rapozo: Which again, five hundred thousand dollars
($500,000) would create seven positions for...well, the grant is a three-year grant?
Mr. Contrades: Three years.
Mr. Rapozo: And the commitment after that would be with
the County to maintain/retain the Officers in the fund?
Mr. Contrades: Yes.
Mr. Rapozo: This is a really, really stupid question, but I
want to ask it on the record. Do we need that extra beat right now?
Mr. Contrades: Absolutely.
Mr. Rapozo: Thank you. And I agree that we should only
approve "accept" and I am prepared to support "accept and expend" because this is
not something that we cannot do. We pay now or we pay later is my position. So I
will honor the request of the Finance Department, but this is something that has to
be done. It has...I asked the Chief, I cannot remember how long ago, I asked you for
COUNCIL MEETING 14 MAY 22, 2013
a five-year beat expansion plan and of course, the Chief has some tremendous goals
and objectives that are pretty much difficult to fund right now. But this is an
opportunity, at least to get us an extra beat, which people are crying out for more
Police services. Thank you.
Mr. Contrades: Councilmember, if I may, just to give you a
couple more statistics in terms of your line of thought. Since 1989 the de facto
population has grown by twenty-eight percent (28%), yet there still remains ten (10)
beat Officers on the street. The amount of calls for service has increased by
seventy-eight percent (78%) since 1989 and yet the same amount of Officers respond
to the number of calls.
Mr. Rapozo: Seventy-eight percent (78%)?
Mr. Contrades: Yes, sir. I believe it was nineteen thousand
(19,000) in 1989 and a little over thirty thousand (30,000) today.
Mr. Rapozo: Obviously, this action, if we should get
another beat, I would assume would decrease over time expenditures at the Kaua`i
Police Department?
Mr. Contrades: Yes, that is one the big issues in terms of
overtime is that when you have a set amount of people to deal with calls and those
calls increase they are not distributed more evenly. Therefore someone has to
pick-up the slack per say and the Officers end up having to do overtime.
Mr. Rapozo: I am very aware of what is happening today
in the Department. I do have the opportunity to speak with Police Officers and it
was almost thirty (30) years, twenty-five (25) years ago it was eight (8) beats, and of
course the call volume was a lot lower. But today, these guys are stretched, beyond,
I think what is reasonable and these guys are working extremely hard and spending
a lot of time, overtime, writing reports on cases that can be done by a new beat
Officer. I wish we could do more, but I think it is a good step. I would say, even if we
were broke, broke, broke in three (3) years, I would say, you take the money from the
overtime and other areas where we could find the money. It is something that I just
believe we need to do. Appreciate you guys being here today and I am hoping that
we can get this passed to at least apply and then make the tough decisions later.
Thank you for being here.
Chair Furfaro: I have a couple of follow-up questions. This is
a three-year grant?
Mr. Contrades: Yes, sir.
Chair Furfaro: This is the gross amount we are showing for
all three (3) years?
Mr. Contrades: Yes, sir.
Chair Furfaro: So it is twenty-five percent (25%), the first
year, Steve, it is one hundred thirty-nine thousand dollars ($139,000), each year for
three (3) years.
COUNCIL MEETING 15 MAY 22, 2013
Mr. Hunt: With fringe and benefits...I think it was closer
to...
Chair Furfaro: I am not finished with my question, okay.
Mr. Hunt: Okay.
Chair Furfaro: Your gross here, they will only cover the raw
payroll, is that correct?
Mr. Contrades: My understanding is that it includes fringe.
Chair Furfaro: The one point six million dollars is payroll,
not PT&E?
Mr. Hunt: I believe it is base pay plus the fringe.
Chair Furfaro: If I take twenty-five percent (25%) of the one
point six million dollars, it is base pay and benefits?
Mr. Contrades: Yes.
Chair Furfaro: So we are looking for the amount of one
hundred thirty-nine thousand dollars ($139,000) for each year, that is what we are
looking for? Excuse me, you have to introduce yourself.
STACY PERREIRA, Kaua`i Police Department: Do you folks have
the updated sheet? I am assisting with this grant application.
Chair Furfaro: Let me ask you the questions directly, the one
point six million dollars is raw payroll or including PT&E?
Ms. Perreira: It is including.
Chair Furfaro: And that is for three (3) years?
Ms. Perreira: Yes.
Chair Furfaro: Okay. So if I took twenty-five percent (25%) of
that, as being our share, right?
Ms. Perreira: Yes.
Chair Furfaro: That is four hundred seventeen thousand
dollars ($417,000).
Ms. Perreira: This is the part I wanted to make some
adjustments on. I think we sent an updated list...
Chair Furfaro: Let me finish, that is how I got to the one
hundred thirty-nine thousand dollars ($139,000) and then divided that by three (3)
years.
Ms. Perreira: Yes.
COUNCIL MEETING 16 MAY 22, 2013
Chair Furfaro: So not clarify that for us.
Ms. Perreira: The clarification comes in...we sent in an
updated budget and that accounted for originally when we did the budget was just
on the basis of the first-year Officer and we updated to first, second, and third and
what happens after the first year, the Officer's base pay increases. So I had to
account for that. That is what the new budget should reflect.
Chair Furfaro: So the number that I have in the
correspondence that we are dealing with. Keep the lights on for a moment.
Ms. Perreira: Yes it is incorrect.
Chair Furfaro: It is incorrect?
Ms. Perreira: Yes.
Chair Furfaro: So the number in the Communication here is
incorrect?
Ms. Perreira: Yes.
Chair Furfaro: So we can all correct our documents, what is
that number?
Ms. Perreira: That number should be over the course
of...for the first year, the twenty-five percent (25%) match is one hundred eighty-five
thousand four hundred twenty-eight dollars and sixty cents ($185,428.60). The
second year should be one hundred ninety-two thousand seven hundred sixty-seven
dollars and fifty-seven cents ($192,767.57). And the same for the third. And that is
with the increase in Officers' base pay after the first year.
Chair Furfaro: So now we can turn the lights off. Is that the
number on the board?
Ms. Perreira: That is correct, yes.
Chair Furfaro: That includes PT&E?
Ms. Perreira: Yes.
Chair Furfaro: Does the Finance Department have this
information?
Mr. Hunt: I was just given this by communication. So I
do not have a hard copy, but I do have a copy of the E-mail.
Chair Furfaro: I want you to know that I based my number
based on what is in our correspondence, so we are adding the first year one hundred
eighty-five thousand four hundred twenty-eight dollars ($185,428).
Ms. Perreira: The total comes to the three (3) years comes
out to five hundred seventy thousand nine hundred thirty-six dollars and
COUNCIL MEETING 17 MAY 22, 2013
seventy-four cents ($570,936.74) is for the three-years, including the increase of
Officers' base pay and keeping the fringe benefits the same.
Chair Furfaro: One more time, because I am writing slow
and slowly, but the total amount for the three-year grant would be?
Mr. Rapozo: Five hundred seventy thousand nine hundred
sixty-three dollars and seventy-four cents ($570,963.74).
Ms. Perreira: That is the twenty-five percent (25%) match.
Chair Furfaro: That is not what I wanted. The whole grant,
not our part, the whole grant.
Mr. Rapozo: It is two million two hundred eighty-three
thousand eight hundred fifty-four dollars and ninety-six cents ($2,283,854.96).
Ms. Perreira: Yes.
Chair Furfaro: And did you send us the corrected piece of
that or is it in documents? Okay. I am not looking at the packet that I got today. I
am looking at the correspondence on the agenda, which is what I use for
management of the meeting. So, Steve, we are back to the fact that the number
is...when we et the CAFR back, it is one hundred eighty-five thousand four
g
hundred twenty-eight dollars ($185,428) for the first year. Just so that we all
understand that. Mr. Contrades, the Chief stepped out, I guess? Oh, so now I want
to make sure that I understand, is the Police Department in favor, if I amend this to
say there is a motion to approve the application and we have to come back for
acceptance on the spending?
Mr. Contrades: Yes, sir, absolutely. Our whole intent is to
get the opportunity to apply and see what happens.
Chair Furfaro: So you would be okay with that?
Mr. Contrades: Yes, sir.
Chair Furfaro: Can I hear it from the Chief, too? Chief, if the
discussion turns today to actually a motion to approve the application, and
acceptance, but not the actual expenditure until it comes back to the Council, you
are okay with that?
DARRYL D. PERRY, Chief of Police: I am okay with that. Of course,
we would like to move forward, but we understand the economic situation, and the
timing of our application. So that would be fine with the Kauai Police Department.
Chair Furfaro: Okay, members, JoAnn, go ahead.
Ms. Yukimura: Thank you very much for the information.
However, the grant that...I asked to see the grant application, and I see the form,
but I do not see the grant application that is a listing of what your goals will be for
this? How you are answering all of these questions on the grant form? So do you
have a grant application that is filled out?
COUNCIL MEETING 18 MAY 22, 2013
Mr. Contrades: We are in the process of doing that.
Ms. Yukimura: Because I would like to know what your
proposed Community Policing Plan is? Would you be able to make that available?
Mr. Contrades: Once it is completed we can have that
transmitted to you.
Ms. Yukimura: I would feel more comfortable before we voted
on it, to see it, so we know what you are applying for.
Mr. Contrades: I apologize, Chair, that I did not introduce
Officer Perreira properly, but she has grant writing experience and she is in the
middle of drafting the application and so it is not completed. Again, our whole intent
was to apply for it and get it.
Chair Furfaro: First of all, I think you are very fortunate for
Officer Perreira and her grant writing talent. I just want to say something directed
at Councilmember Yukimura in my thinking here, I am considering this amendment
that would not allow you to spend the money, but would allow you to apply, then I
would think when it comes back to us, we would actually see what you put in the
narrative as far as the mission and goals. But you are still understanding that we
will have another shot to say, yes, you can?
Ms. Yukimura: Right.
Chair Furfaro: So I would be all right with that, if amended.
But on this note, let me give the floor back to Councilmember Yukimura.
Ms. Yukimura: Well, certainly you are able to tell me right
now what your goals are for this expenditure that is going to commit the County to
ultimately two million dollars ($2,000,000) a year of County money.
Chair Furfaro: It is five hundred eighty thousand dollars
($580,000) a year.
Ms. Yukimura: I believe the grant commits you to sustaining
the program after three years.
Chair Furfaro: Yes, and after three (3) years, JoAnn, it is five
hundred eighty-nine thousand dollars ($589,000) a year, not two million dollars
($2,000,000).
Ms. Yukimura: I think in the second year and the third year,
it is matching moneys, but after three years...
Mr. Contrades: When the third year is done, from the fourth
year on, it will be the County's responsibility to pick up the salaries.
Ms. Yukimura: And, in fact it says in the application...
Chair Furfaro: Excuse me, I want to make sure I understand
the County's responsibility each year would be five hundred eighty-one dollars
($581,000), not two million dollars($2,000,000).
COUNCIL MEETING 19 MAY 22, 2013
Ms. Yukimura: No, it would be two million dollars
($2,000,000) for the whole beat. It would be two million dollars ($2,000,000) plus and
I do not know if you have included collective bargaining costs.
Chair Furfaro: May I interrupt for a second, JoAnn, I want to
be clear? So the grant is then reimbursable?
Mr. Contrades: For three (3) years the grant will pay
seventy-five percent (75%) of all salaries and the County has to match twenty-five
percent (25%). On the fourth year, they stop paying already and it is the
responsibility of the County to pick up those salaries.
Chair Furfaro: And how much is that each year?
Mr. Contrades: For seven (7) officers at a PO 7 rate of pay is
seven hundred seventy-one thousand dollars ($771,000).
Chair Furfaro: Thank you. It is not two point one million
dollars.
Mr. Contrades: Seven hundred seventy-one thousand seventy
dollars and twenty-eight cents ($771,070.28).
Chair Furfaro: Your worksheet if you look at it as a little
number three on it.
Ms. Yukimura: Could we put that up, please?
Chair Furfaro: The added exposure is roughly seven hundred
ten thousand dollars 000
($710 ) P er year.
Mr. Contrades: Seven hundred seventy-one thousand dollars
($771,000) a year is what seven (7) officers will cost with the fringe?
Chair Furfaro: Each year.
Mr. Contrades: Yes.
Chair Furfaro: It is not two million dollars ($2,000,000) after
that each year?
Mr. Contrades: No, sir.
Ms. Yukimura: I see. I apologize for my error. So the two
million dollars ($2,000,000) was the cumulative amount over three (3) years. Does
this include collective bargaining increases?
Ms. Perreira: Just fringe benefits.
Mr. Contrades: No, collective bargaining, we do not know
what it will be. So we could not include that. That is the current base pay at this
point.
COUNCIL MEETING 20 MAY 22, 2013
Ms. Yukimura: Okay. I think I would like to know if you take
an average in the collective bargaining increases and their cumulative to find out
what that cost would be, because that would be the real cost.
Chair Furfaro: Excuse me, I have to get clarification, Steve,
you just told me that the two million dollars ($2,000,000) includes fringe benefits?
Mr. Hunt: Yes.
Chair Furfaro: So if you have this cumulative piece for three
years, I assume it includes PT&E, the two million dollars ($2,000,000)?
Mr. Hunt: Yes, we do not know what the collective
bargaining portion is going to be.
Chair Furfaro: Which will be the annual increases that we
have for the entire County?
Mr. Hunt: Correct.
Chair Furfaro: Okay.
Mr. Hunt: So it is based on current salary levels.
Chair Furfaro: But it includes PT&E.
Mr. Hunt: Yes.
Ms. Yukimura: And I guess I am asking, because even if it is
put in a range of zero raises to top-level races, what that would look like in terms of
our ultimate costs. Could you do that for us?
Mr. Contrades: We can take a guess at what SHOPO is going
to get.
Ms. Yukimura: I am talking about, you know what the
proposal is, right? There is a proposal?
Mr. Contrades: I do not know what the arbitrator is going
award.
Ms. Yukimura: You know what the unions are asking for
right?
Mr. Contrades: I can get that number from them.
Ms. Yukimura: So taking that as zero, nothing approved to
the maximum approved and give us a range of what those costs would look like.
Mr. Contrades: Sure.
Ms. Yukimura: Thank you. So what is CHP?
Ms. Perreira: That is the acronym.
COUNCIL MEETING 21 MAY 22, 2013
Ms. Yukimura: Oh, that is the Cops Hiring Program.
Chair Furfaro: I am going to give you the floor and take one
particular question and yield the floor to Councilmember Nakamura.
Ms. Yukimura: You want to go ahead?
Chair Furfaro: I just gave you the floor. Why does someone
not follow my instructions and we will be good?
Ms. Yukimura: Oh, I have one more question. Your grant
application about community policing strategy. It says that COPS Office Grants
must be used to reorient the mission and activities of law enforcement agencies
through initiating community policing or enhancing their involvement with
community policing. It also says minor changes to the plan may be made without
prior approval of the office, but grantees will be required to report on progress or
changing in the community producing plan through required progress reports. Can
you tell us how because another beat is business as unusual and I am not sure how
community policing is involved and my understanding of "community policing" is a
bit limited, but my sense is it is about innovative approaches that will to help to
achieve the goals of public safety in a more cost-effective way and more effective
way, too and I am just wondering how you are planning to do that?
Mr. Contrades: Community-oriented policing is actually at its
base is the community and the Police Department working together to solve
problems. It is something that we do as a Department every day. We work with
many different organizations and community members to address their concerns but
it is difficult for the Officers to do that when they are running from call to call all day
long. When I first started we had the opportunity to get to know the community
better and to work with them closely to address their concerns, but with the current
levels and because of the lack of additional beats over twenty-four (24) years, the
Officers spend their time jumping from call to call. And so what we hope to do with
this is to yes, spread the amount of cases out to more Officers, but to provide them
more time to spend getting to know their community, to addressing their concerns.
One of the things that we had done in the past was walking the beat and going from
business to business and getting to know the business owners and address their
concerns. The Officers today do not have time for that, especially in the Kawaihau
District, where we respond to call after call. I have received complaints over the
years that it took your Officer over an hour to get here. Unfortunately, your call of
theft that occurred two (2) days ago had to be prioritized lower than the family abuse
that was in progress. Because of the lack of amount of people that we are on the
roadway, we cannot spend that time truly getting to know the community and
dealing with their problems. We would like to be proactive and address their
concerns early, but at this point it is a matter of them calling and us responding and
with the addition of a beat and in reality, we should be at the point of having five (5)
or six (6) additional beats, but we with understand the budgetary constraints. With
at least this one beat the workload will be better distributed and provide the Officers
more time to being proactive.
Ms. Yukimura: Thank you. As I hear you speak, I am
thinking, you know, when you were the Captain on the North Shore...
Mr. Contrades: District Lieutenant, yes.
COUNCIL MEETING 22 MAY 22, 2013
Ms. Yukimura: Excuse me, District Lieutenant and the
stories I heard indicated you were an amazing example of community policing.
Mr. Contrades: Thank you.
Ms. Yukimura: And your relationship with the community,
do you have a measurement of response time, so that you would be monitoring that
you do actually reduce the response time? And do you have goals with respect to
response time?
Mr. Contrades: Well every case would be different. Again, it
depends upon what happens. We cannot guess in terms of what calls will come in.
We can monitor response times. Presently we do not. Hopefully with our new
Records Management System, that will be a little easier. Right now it would have to
be done manually and we have to check each case and see how long it took us to get
there. So hopefully with our new system that will be a little easier.
Ms. Yukimura: Is that being programed into the system?
Mr. Contrades: I will have to check, but I was hoping it would
be. There is a whole bunch of moving parts that come with the new system, but I
would imagine with an improvement with that system, that could be done a little
better than we could today. But you know, like I said, I had these complaints and I
tried to address them, but the reality, it is not that the Officers are eating
doughnuts...they have to prioritize their calls.
Ms. Yukimura: That thought does not even cross my mind. If
you are saying that a new beat, that you want a new beat in order to reduce the
response times.
Mr. Contrades: That is one aspect of it. That is not the entire
thing.
Ms. Yukimura: That is why I would like to see...I mean I feel
like even if you do not have the grant ready, there should be a two or three-page
proposal for what you want to do.
Mr. Contrades: That is what we are working on is the
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osa .
Ms. Yukimura: No, but when you come before us to ask us for
this kind of commitment, I really would like to have a clearer idea of what your goals
are. If lowering response time is not the only one, than what are our other goals and
objectives for this?
Mr. Contrades: As I stated earlier, we just got this and
Officer Perreira has been tasked full-time to put this together and we are in the
initial application stage.
Chair Furfaro: Excuse me, remember, you agreed to have the
question one more time and you are on your third question. I will come back to you.
III Ms. Yukimura: Okay, very g ood. Thank you.
COUNCIL MEETING 23 MAY 22, 2013
Chair Furfaro: Vice Chair.
Ms. Nakamura: Thank you very much for your presentation
and I think we were missing one page of your explanation and we just got that. So
thank you for bringing us up to speed. I wanted to ask you, when is this grant due?
Mr. Contrades: June 4th. The next date is June 4th and
originally I believe it was May 24th and we were scrambling to get this done in a
timely manner, but it has been extended to June 4th.
Ms. Nakamura: What happens if you receive funding for less
than seven Officers?
Mr. Contrades: Quite honestly, we will take whatever we can
get. The more Officers we have, the better. They will be put into the Patrol rotation.
And those Officers will be more helpful.
Ms. Nakamura: But you would not be able to create a new
beat?
Mr. Contrades: No, we would not.
Ms. Nakamura: If you are lucky enough to get the seven
Officers, what additional personnel needs would you have?
Mr. Contrades: Personnel needs in terms of?
Ms. Nakamura: To run a beat?
Mr. Contrades: Each beat requires six point five Officers, I
believe, in order to create a beat, so seven (7). That alone would be how we would do
it. What would be great is to have three supervisors and a District Commander to
create the Kawaihau District, but you know, given the opportunity, I mean, we will
take seven (7) and create that one (1) beat. And that will be supervised by existing
supervisors unfortunately.
Ms. Nakamura: That is why I was just looking on page 2 of
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your letter dated May 20, 2013 that talked about the seven (7) Officers, three (3)
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Sergeants, and one (1) Lieutenant to create a fully working beat. Is that?
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Mr. Contrades: Our District. The original intent, if the
County had the money and we had the support for it was to create the Kawaihau
District. It is the busiest District on the island with the highest population and we
wanted to have a District Commander.
Ms. Nakamura: So there is no Kawaihau beat now?
Mr. Contrades: There are beats in Kawaihau, but it is not set
out as its own District.
Ms. Perreira: It is not self-sufficient.
COUNCIL MEETING 24 MAY 22, 2013
Mr. Contrades: You have the Hanalei District, which takes
half of Kapa'a and the Lihu`e District which takes the other half of Kapa'a and we
would like that to be its own District with its own supervisors and commander.
Ms. Nakamura: So long-term you want the seven (7) Officers,
three (3) Sergeants, and one (1) Lieutenant that would make it whole district?
Mr. Contrades: Yes.
Ms. Nakamura: Okay. That is really helpful, just to
understand, because I am not familiar with how the hierarchy works within the
KPD. Do you have a log of complaints, citizen complaints by District?
Mr. Contrades: We have Internal Affairs type complaints,laints, but
p
just general?
Ms. Nakamura: Just general complaints? About why did they
take an hour to come?
Mr. Contrades: That is something that I spoke about at the
last community meeting that a lady spoke to me, but it is not written down or
recorded anywhere. It is not an official complaint. Any official complaint is recorded.
Ms. Nakamura: Okay. Does the Police Department...do you
do a resident satisfaction type survey?
Mr. Contrades: No.
Ms. Nakamura: Okay. I am just curious, because I think that
would also provide data on where people feel services are lacking, or would like to
see improvements.
Mr. Contrades: That is something that we had done many
years ago, as a Sergeant I remember being tasked to pick certain complaints and go
and see how well the Officers did and perhaps that is something that we can look at,
that could be done online.
Ms. Nakamura: I would like to actually suggest and it really
helps for grant applications like this. It would strengthen it. One of the things that
I think the County, through the Mayor's Office is doing is a County wide satisfaction
survey that is tied into the budget. But I would think that this would be a clear
tie-in to that and would encourage the Administration to include this kind of data, as
they are doing it. This is a little bit off course, but I believe that it is a tie-in.
Mr. Rapozo: I have one question, would it be possible to
offer our Councilmembers the opportunity to go ride along with your Officers?
Mr. Contrades: Absolutely.
Mr. Rapozo: I think they need to see what these guys do,
because I am getting really frustrated listening to some of these questions and it is
not their fault, because they know what they know. I think it would be very
important, for my colleagues to get in the Patrol car with your Officers, in Kawaihau,
on a Friday night, Saturday night, Wednesday night, it does not matter anymore and
COUNCIL MEETING 25 MAY 22, 2013
just take a shift. I would ask the Chief, if can you get the legal clearance and I do
not know if the Attorney is going to tell using that we cannot do that either, but
somehow, sign a waiver, whatever it is, to get them to go out and see what you
actually do.
Mr. Contrades: We have a ride along program with waivers
and all and you are more than welcome to come.
Mr. Rapozo: It sounds like this grant is getting more
scrutiny, than I have ever seen and this is for public safety and I want to make sure
that we understand what these guys and gals go through, because it is frustrating
listening to the questions. Again, no offense, because they are asking the right
questions because the application, obviously, you cannot put that on paper, really.
The people that you guys deal with everyday are not going to write you a nice survey
response. They are not. You will have a horrible rating. How was the Officer who
arrested you for DUI? For family abuse? You are there an hour late and that person
is not going to write a friendly letter. I think we understand and the guys who get
the complaints, where the hell were you? They are the Sergeants or Patrol Officers
that is not documented. I hear some complaints it took forty-five (45) minutes, an
hour...really? Try to go to Los Angeles or even Honolulu and report a theft. This
beat would be in Kawaihau?
Mr. Contrades: Yes.
Mr. Rapozo: So you would get three (3) guys covering the
largest District on Kaua`i. Three (3)? Get more guys working at the hotel security
than we have covering the whole Kawaihau District. We have increased every
Department in this island and in this County and you guys are asking for one (1)
beat, seventy-five percent (75%) funded for three (3) years. Anyway, I apologize for
the passion, because I know it is needed. It was needed five (5) years ago, ten (10)
years ago. We have an opportunity and COPS is not a new program. We have used
COPS before and we have used this grant before. So I apologize especially to my
colleagues because I do not want them to take this in the wrong way, but it is
frustrating. Thank you.
Chair Furfaro: JoAnn, you have the floor again.
Ms. Yukimura: Thank you. I would love to ride along. I am
sure that I have a lot to learn. And I probably have no idea what our Officers have
to go through. So I will sign up as appropriate. I have got a wedding and a couple
other things first, but I am not asking this question out of non-support for you. I
think we have to, in our fiduciary duty to make sure that the money is used in the
Y Y Y
best way possible because we have such a limited amount of it and if we create the
beat to make sure we can sustain it and I hope you do not interpret my questions as
being against the Police Department, but I do feel that every Department, no matter
what, those have a certain level of responsibility for telling this body what they are
going to do with the money and how it is going to bring results for our community?
So on the issue of supervisors, you know, using the question that the Vice Chair
raised about not having a District or a beat?
Mr. Contrades: A beat is one (1) Officer that is assigned to a
geographical area and a District encompasses numerous Officers and a supervisor.
COUNCIL MEETING 26 MAY 22, 2013
Ms. Yukimura: Is not having a complete District and using
your existing, you have above...you have your Officers and then you have a
Lieutenant?
Mr. Contrades: A Sergeant and a Lieutenant.
Ms. Yukimura: So how many Officers? You have four (4)
Officers and a Sergeant and a Lieutenant?
Mr. Contrades: If we add the additional beat to the Kawaihau
District for now, until we are able to have a self-sustaining District, we have the
supervisor in Hanalei will be responsible for the two (2) people in Hanalei and the
two (2) people in Kapa`a. Or three (3) people in Kapa`a, sorry.
Ms. Yukimura: So it is not a matter of overtime, but
oversight?
Mr. Contrades: Yes.
Ms. Yukimura: Your call for service, you mentioned have
increased seventy-eight (78%).
Mr. Contrades: Yes.
Ms. Yukimura: Have you done an analysis of the nature of
those calls?
Mr. Contrades: No. I mean we can do that, but the amount of
calls...we are a full service Police Department so when people call, whether it is a
lost property complaint or homicide, the Officers will show up to deal with that case.
Ms. Yukimura: Right.
Mr. Contrades: So any time that they are called to a certain
case, whether it is a lost property or not, means time to drive there, time to
investigate the case, time to write the report, and return to beat or deal with the
next issue at-hand. Of course, depending upon the type of cases some will be shorter
and some will be more involved.
Ms. Yukimura: Of course. Of course, but you would have an
average time of response? That could be an indicator. I do not know if other
Departments use it, but it is an indicator of your success. I mean like the Fire
Department, they have a response time that they aim for within so many minutes of
a call and I take it that is a portion of your goals, to reduce the response time?
Mr. Contrades: Yes.
Ms. Yukimura: But you will not know that you are reducing
it unless you are really tracking it.
Mr. Contrades: It would have to be reduced, because you have
more people able to respond to more calls. Right now you have a set amount of
people responding to calls, and people have to wait in line. So again, we are able to
do that. It is just a task to do so, because you have to sit there and review each case,
COUNCIL MEETING 27 MAY 22, 2013
is to see when it came in? What the amount of time was when the Officer called off?
And currently we do not have the software to do that.
Ms. Yukimura: Okay.
Mr. Contrades: That is something that we will look at, to see
if we can figure out those times.
Ms. Yukimura: Chair, I am asking a stupid question, but how
is that Kawaihau, which is the largest District did not become one of the major
Districts from time passed?
Mr. Contrades: That is something that I would not be able to
answer. I did not decide that and it was done many, many years ago. Just based on
what I believe, you have Lihu`e which is your center of the island and you have
Hanalei all the way on the North Shore and Waimea is the third and since that was
established, the areas in between have never become its own Districts. We have five
(5) judicial areas on the island and staff per se, with stations, three of them.
Waimea will encompass Waimea and Koloa Districts and Lihu`e again is Lihu`e plus
half of Kawaihau and then you have Hanalei, which is Hanalei and half of
Kawaihau. So I could not tell you why the decision was made.
Ms. Yukimura: Okay. So what kind of...I mean how will you
manage the office space and the infrastructure support for this new beat?
Mr. Contrades: Currently we are moving into the Kapa'a
Armory, which is much larger than the Kapa'a Station that we have had for many
years and we will come before Council to, move forward with building a Station in
Kawaihau. Again, our goal in the future is to have a Kawaihau District Station,
with the required staff. The Lieutenant, the three (3) Sergeants and its own
personnel.
Ms. Yukimura: I think that is it. Thank you.
Chair Furfaro: Okay. Before I recognize anyone else, I want
to let you know that I plan to amend the narrative here, but I want to share some
facts with you that will require the Finance Director to be a little involved with you
on look at this need for staffing a little different. So Vice Chair, you have the floor.
Ms. Yukimura: I just wanted to also say that I would be very
interested in tagging along with one of your Officers through the Districts. And I
also wanted to say that when I was working on the East Kaua`i Development in the
early 2000s, I spoke to the Interim Chief Arinaga at the time who talked about the
need for this beat in the Kawaihau District and all of years later the need is still
there. The questions I am asking is to make sure that if we are going to do it, that
we have the resources to do it well. And that it is going to make the impact that we
are all looking for. So anyway, I just wanted to hope we can follow-up with that.
Chair Furfaro: Okay. So I want to give you a little overview
of the staffing issue that we have, okay? In 1989, the overtime for the Kaua`i Police
Department was two hundred fifty thousand dollars ($250,000). When I got on the
Council, I was the Finance Chair and the overtime in that year was seven hundred
thousand dollars ($700,000). Here we are, the budget we just approved, the overtime
is one million eight hundred sixty-seven thousand dollars ($1,867,000). So I want
COUNCIL MEETING 28 MAY 22, 2013
you to be very careful when you say there is not growth in the Department, the
growth occurs in the overtime, okay? But in that, you need to realize, if those
Officers were working straight time, it is the premium pay we are paying them,
Steve. So that the premium on one million eight hundred sixty-seven thousand
dollars $1,867,000 is five hundred twenty-two thousand dollars ($522,000). That is
the premium pay. Where we are actually having the incurred costs, but we are not
having the Officers out on the beat. Because it is the same person and this grant
would say at the end of four (4) years, we will be driving at about a five hundred
eighty-one thousand dollars ($581,000) additional payroll for this beat and you are
getting at the point, that it is almost better to add straight time Officers than to
continue to balloon the overtime. You know, I mean, the money is there. It is just
being tied up in premium pay. Okay? So I think one of the goals that Councilwoman
Yukimura probed you about should be tied to this financial picture and how do we
get the overtime back down to something like one point three million dollars? So
that the additional Officers grow on the five hundred twenty thousand dollars
($520,000). That has to be a goal in this, you know? And it is not that the money is
not provided, it is the fact that it is the premium pay that we are not getting the
extra Officers on. So I would, and I need somebody to make this motion for me
before we close this out. I would like to look for a motion that basically approves the
application, but ask you to come back for the actual expenditure, once we know you
have been successful or not? So we can look closer at this premium pay line.
I was going to recognize you, but what I am saying is that the Council Vice
Chair, I cannot make that motion, but I would hope we can come to some agreement
on that. Steve, I am sure that you captured the essence of my comment here, you
know? We could have more manpower at straight time, if we had gotten the right
people in place and eventually used that premium pay for additional straight-time
staffing.
Mr. Hunt: You are correct, in that there is a nexus in
both of those. At some point, overtime is cheaper, even though it is time and a half
because there is not additional fringe added with staff, but when the premium pay
kicks in at a certain leveling are makes sense to wring in additional staff and that is
the management that needs to occur.
Chair Furfaro: It definitely makes sense. That is due to
great recruitment efforts at the Police Department. I will give you the floor
Councilmember Yukimura.
Ms. Yukimura: Thank you for the framing that you just done
Chair. It helps me see how the budget is related to the program and reducing
overtime is a great goal of this...could be a great goal of this proposal. I just wanted
to ask about the community policing and thank you for the information, but we got it
yesterday so we did not have much time to read it. As I see it, my question, I asked
about analyzing calls for service as I look at "community policing" definition
framework says...the definition of "community policing emphasizes the primary
components of community partnerships, organizational transformation, and
problem-solving." So related to the calls for service, if for example, the calls for
domestic violence arising from domestic violence is one of your more time-consuming
calls, than problem solving from terms of reducing those issues and that is why you
have the partnerships because it may come in some other Agency's work, right? Like
the YWCA, or even the Aloha Peace Project or your DARE projects which teach skills
over time...over time, the more you get that in the community or in the culture
arguably your calls would reduce. One of my questions is...how much...when I was
COUNCIL MEETING 29 MAY 22, 2013
doing the parenting project, one of the questions was about juvenile delinquents and
how much time do juvenile issues take for your Police Department and are there
ways to reduce that problem from a community-partnership approach? Are you
thinking about those issues as well and is it included in this grant or subsequent
grants?
Mr. Contrades: I am not sure what answer you are looking
for. The explanation that I was trying to give you was that the Officers do not have
time to spend on these projects, these issues getting to know the communities and a
lot of Officers volunteer their time for youth. Part of reducing juvenile delinquency
is related to Officer involvement and we have KPAL. Are you asking about juvenile
delinquency?
Ms. Yukimura: No, I am not. Forgive me for not being clear.
I am realizing that I am not. In the programming with the past Prosecuting
Attorney on the grants that she was proposing, some of which were about diversion.
You know, we came into awareness of what the Maui Police Department is doing
with its specialized juvenile unit and I am grateful to Mark Ozaki and those Officers
who are spending volunteer time, but it is about targeted policing with respect to
juvenile issues and I am wondering if your Department is seeing that. You used to
have a juvenile unit and now you do not and it included both civilian and Police
Officers?
Chair Furfaro: Before you start to answer, it is an important
question, but it is not on the agenda today. I would like to say that we would be
very much open to inviting you back to speak to community issues and I hope you
understand, Councilmember Yukimura, good questions, but we have a really full
agenda here today. We have eleven Executive Sessions, but we would like to invite
you back for that.
Ms. Yukimura: It is just because this grant is about
community policing and talking about innovative approaches. Thank you.
Chair Furfaro: So we would like to ask you back for
discussion about innovative approaches and once you have the grant submitted and
you set some goals and missions, you are going to have to come back to us if the
amendment passes and that might be a good time to word this in such a way that we
have a greater understanding of the mission and the goals.
Ms. Yukimura: Can we request that as soon as your grant is
ready for submittal, can you send us a copy as well?
Mr. Contrades: Absolutely.
Ms. Yukimura: Thank you.
Mr. Perry: Can I just add one thing. I appreciate all the
questions that have come forward. The concept of community policing is not the idea
that Police have all the answers, because we certainly do not. The reason why we
have the community policing concept is to reach out into the community and ask
people what do you think are the issues? What do you think are the problems? How
can we better solve your issues working together collaboratively? Not only with the
community, but with the other agencies involved, as you mentioned the YWCA. So
we will have all of that information for you in our next meeting and thank you again,
COUNCIL MEETING 30 MAY 22, 2013
Council for giving us the opportunity to be here and to bring this information before
you.
Chair Furfaro: We look forward to your next visit. Thank
you, members, I would like to call for public testimony now. Thank you very much,
Chief and to the Officer that prepares your grants, thank you very much, Officer
Perreira. Thank you. Public testimony?
GLENN MICKENS: For the record Glenn Mickens and thank you,
Jay and thank you, B.C. Just a short testimony, it appears to me that this whole
issue of another beat is a matter of trust. When these Officers put their lives on the
line every day to protect the public and ask for more help, I believe we should whole-
heartedly support their request. I believe Deputy Chief Contrades said having
sixteen beats would really help their enforcement mechanism, but he said they
would take whatever our budget can handle, which is basically true. Unless as Mel
said, we know exactly what the Officers go through, we cannot micromanage their
duties or what the costs are. Yes, we do need, as JoAnn has pointed out, we do need
to know of any waste in any of our operations, but if we trust the people that we hire,
then we have to lean on what they ask for and give them. I believe our Chief is
doing an outstanding job of managing these guys. If you see a wreck on the side of
the highway you see at least four (4) or five (5) Police have to be there directing
traffic and stuff. That leaves four of five Officers to cover the rest of the island.
Anyway, I think they are doing their job and I hope that this grant goes through and
they get their money. Thank you.
Chair Furfaro: Ken, do you want to speak?
KEN TAYLOR: Chair, members of the Council, my name is
Ken Taylor. I first want to thank the Chief and his staff for being vigilant on being
able to apply for grants when they become available. I think it is a very important
part of their job but they are out on the line constantly, protecting the community
and I think it is very important that their work continues. We know for a long time
there has been a shortage of Officers in the Police Department and I appreciate all of
the questions that each of you had today. I think these are very good, legitimate
questions. But I do believe you have time to work them out and I do not see why
there should be any delay in approving the agenda item as it is posted. With the
caveat of work out the details that have been raised in the current questions. I think
that could be done. I think it would give assurance to the Chief and his staff in
moving forward to work even harder at resolving many of the problems and
questions that you have been raised. It is safety in the community, is a very
important thing, and I think it is something that everybody in the community wants
to feel protected and taken care of. I think that this is the time for you folks to show
the community, as well as our Police Department that you are one hundred percent
(100%) behind them by approving the proposal that is before you today, with a
caveat of working out the details. I know money is a difficult situation and all of
that, but sometimes you have to step out and make the decision...tough decisions,
that somehow we are going to work it out. I think the other part of it and it was
brought up towards the end of the discussion was seven new Officers out there could
possibly alleviate a number of overtime that could help to offset the twenty-five
percent (25%) or at least a good portion of it, possibly.
Chair Furfaro: That is your first three (3) minutes.
COUNCIL MEETING 31 MAY 22, 2013
Mr. Taylor: If the seven new officers offset the number of
overtime that could offset the twenty-five percent (25%) that the County has to put
forward on this grant, it reduces the new moneys that would be put into the
operations. So I hope that you will consider moving forward with approval of this
item as it is in the agenda and work out the details before December or the next
opportunity comes up. I think this assurance to the community and to the Police
Department, that we are, in fact, one hundred percent (100%) behind them and I
think this is really important. Thank you very much.
Chair Furfaro: Thank you. Joe, are you planning to speak?
JOE ROSA: Yes, sir.
Chair Furfaro: It is not on yet, Joe. You got it.
Mr. Rosa: Good morning, members of the Council, for
the record, Joe Rosa. A little thing going back to the past. When I was a little boy,
young, growing up, we had a Police Station in every District, Hanalei, Kapa`a,
Lihu`e, Koloa, Waimea. Today, a big town like Kapa`a, where the neighborhood
center is right now, that used to be the Kapa'a Substation. I remember seeing the
Officers walking their beat up to Kawaihau Road, where the former Councilman and
former Policeman Louis Gonsalves used to walk the beat along with the Chief,
Mr. Sheldon, or Captain Sheldon or whatever his rank was. They walked to where
Pono Kai is. I think another place was the Koloa District where the K5loa
Neighborhood Center is again. That was a Police Substation there. I think Koloa
needs another station there because of the development in the Po`ipu area. Those
are the kind of things that each District with their own table of organization as to
what the need is...because I do not know if it is the same, but the Hanalei beat used
to cover from the Moloa`a old road that goes down to Moloa`a Beach down to Hanalei
Beach. From Kapa'a it was Moloa`a Road to Wailua River. Lihu`e was until
Knudsen Gap. So those are the kind of things that they have to look into, because
now we need it more than ever, because of population growth and tourist
development in certain area. Where rise in safety is involved, that is where the
money should be spent, not on marathons and things like that. Public safety is one
of the valued things that I look at in work and whatever. So this County should get
back all of those neighborhood center areas that they gave up from the old police
substations, the land that they own. It is always the case, when they own
something, they do something that is needed more so because of...well, they need the
senior citizens, but also, I think public safety comes first.
Chair Furfaro: Joe, that is your first three (3) minutes.
Mr. Rosa: Well that is about it, because I am going to
wrap it up and I will leave you with the thought that you should establish those
substations, and organize each District with a table of organization of manpower, so
we can run the Department smoothly without OT. I thank you.
Chair Furfaro: Thank you, Joe. I would like to call the
meeting back to order and again, I am looking for a motion that allows us to approve
the application, but requests a return visit before any of the expenditure is used.
There being no objections, the meeting was called back to order, and
proceeded as follows:
COUNCIL MEETING 32 MAY 22, 2013
Ms. Yukimura moved to amend the motion to approve application of the grant
application only with subsequent Council approval required for acceptance
and expenditure of grant funds, seconded by Ms. Nakamura.
Chair Furfaro: So nothing needs to be said on the actual
acceptance and expenditure?
RICKY WATANABE, County Clerk: We have to take a vote on the
amendment.
Chair Furfaro: I understand, the amendment should not say
anything about the acceptance and expenditure amount, am I correct?
Mr. Watanabe: You are just approving with amendment and
if the amendment pass it is the application only.
Ms. Yukimura: I want the word "only."
Chair Furfaro: That is what I am seeking, before spending,
only.
Ms. Yukimura: Chair, if you want to be clearer, I can say
"motion to amend to approve application only and not acceptance or expenditure of
moneys."
Chair Furfaro: Yes. Until they visit with us?
Ms. Yukimura: I think that would be understood, that we are
only approving application.
Chair Furfaro: Okay.
Ms. Yukimura moved to amend by approving the application only and not
acceptance and expenditure with the understanding that they come back for
further approval, seconded by Ms. Nakamura.
Chair Furfaro: I think that is what I said in the very
beginning, but that sound goods and I appreciate someone making that motion. Do I
have a second on that motion. Fine, now we have the discussion on the amendment,
Mr. Rapozo?
Mr. Rapozo: I am not going to be supporting the
amendment. I think we are sending a very ugly message to the community as far as
public safety. Let me clarify one thing, Mr. Chair, you referenced the OT in 1989
and I was there. I will tell you what the difference was, up until 1989 we had eight
beats and I ran Hanalei by myself, that was Sector 1 in Hanalei and I had all the
way down to the Moloa`a fruit stand. If somebody called in sick, you do not have
overtime, you ran a beat and you run a double beat and I got my butt kicked in
Ching Young Village from a guy that I was arresting for assault. That is what
happens when you do not have enough people. I heard about response times, I heard
about savings in overtime, but one thing we never heard about is Officer safety and
how is that? That is frustrating. It changed when we finally got the union is to say
we need more people. It is not safe for the Officers. It is not fun getting beaten up
for one thousand five hundred dollars ($1,500) a month, that is what we got paid
COUNCIL MEETING 33 MAY 22, 2013
back then and it is still happening today. It is still happening today. OT is cheaper.
What about the cops working seven, eight, nine days in a row because they have to?
They have no personal life and they are suffering at home with their personal lives
because they are working. What about that? Community policing, I believe the
Deputy Chief said it, even with seven more cops you will not be able to have them
walk the beat. JoAnn is asking goals and objectives, what are you going to do? Well,
number one on the list should be Officer safety and who cares if somebody has to
wait two hours for a theft report the cops are tied up? I was at the hospital with my
nephew being treated for an accident and three Officers and the lady who had some
mental issues and one left with the lady, who was having some difficult time and
that cop with that woman in the room cannot be called to anywhere unless they
release that lady. The public suffers. Not the cop. He is getting paid. The public
suffers. Ten beats for this island is way overdue. Do a comparison and not that I
am diminishing the role of the Fire Department, but count how many Fire Stations
we have? This Council has supported the Fire Department over all the years and we
are going to get grants to build the station and I do not remember having the
discussion how do we pay for it after the grant expires? Not long ago, a week or two
ago we told the Chief of Police how wonderful you are doing and how we are going to
help you and this is an opportunity...I will read these...I choose this one because this
is Councilmember Yukimura's Committee, the Transportation Committee and I will
read off the grants that we have applied, received, indemnify, and expended.
"$925,000, $136,000, $554,680, and $10,855, respectively, this is just three years.
$632,833 and $1.1 million, $589,394 and $10,795, respectively, $268,840, $975,000, a
million dollars." These traditionally get approved like that. All with the approval,
acceptance, and expenditure. We did not ask how much is it going to cost us after we
buy the bus? How much is it going to cost in fuel? What about employees? Are you
going to need more employees? We never did that. Came out, motion to approve
and called transportation up here and said you are doing a wonderful job and we just
love what pp
ou have done with bus system. Approved. 7:0. We spent what? Got to be
Y Y
almost two hours, hour and a half pounding the Department on questions, what are
you going to do? He said we are going to have another beat. That is what we are
doing to do, create another beat and that beat is going to be no different than any
other beat, we are going to do community policing if we have the time. We are going
to ease up on some of the Officers' issues and safety and increase Officer safety and
we are going to improve on giving the cop another day off to spend with his family
That is what this might do. That is what it will do. I got to tell you, I am really
disappointed that we are even going to treat you differently than any other
Department that comes up here asking for a grant. I cannot remember and it may
have happened, I have a short memory. I cannot recall when we will approve the
application, but not the acceptance and expenditure. It may have been with the
Prosecuting Attorney's because there were issues. Traditionally, a grant comes up
and we just approve it. I do not know how many hours it is going to take you to do
J pp Y g g Y
this application but it is going to take a lot for this application and you are not free.
Thank you very much Stacy, they are lucky to have you and I agree with the Chair.
You just got on. You are a rookie and yet you have been tasked with this very
important job. The other thing is let us say in three years, we cannot afford it,
whatever the case may be. I seriously doubt it, but say in three (3) years you cannot
afford it. You take three vacancies in your Department or the seven (7) vacancies in
your Department, because you always have vacancies, whether it is Patrol Officers
or civilian staff, you take your seven officers and merge them into the Department.
It is not going to be seven hundred thousand dollars ($700,000) plus because you
utilized vacant positions and the excess we would fund. I will support the
application, but I want to vent my frustration, you guys are being treated a little
different with this application and it concerns me. Thank you.
COUNCIL MEETING 34 MAY 22, 2013
Chair Furfaro: JoAnn.
Ms. Yukimura: I want to say that the Department of
Transportation...our Transportation Agency has a long range plan that is laid out,
whenever they come to us for grants, the grants are before us. And they can explain
what they want to do and what they want to achieve. So this is not treating the
Police Department differently than any Department and to me it is asking them to
come forward with the same kind of documentation and clarity about goals and
objectives and what the grant will achieve. Now, the reason why I did do extensive
questioning about community policing, because as Councilmember Rapozo himself
pointed out, even if we add one more beat fully as a District, we are still not going to
be able to address the issues. We have the problem of a very spread out community,
and a low-level of population as compared to other places. So we are asking a small
population to support a very spread out operation. It is very expensive. In Davis,
California, where they have the same population, but they are...I do not know six (6)
square miles or very smaller area than five hundred (500) square miles. They do
with two (2) Police Stations for the same population that we have. So our
circumstances require a lot more creative thinking in terms of how we deliver
services because it is a more expensive format with a smaller population. So that is
why I am asking for some creative thinking along these lines and my example is the
Parent Project, which was started by a cop and when they taught the parents...when
they taught the parents how to deal with their juvenile children, the number of calls
from fifteen (15) households, which dropped from sixty (60) calls a month, dropped to
five (5) calls a month to the Police. So that reduced the number of calls to the Police
with this Parent Project and that is the kind of thinking we will have to do. I am not
saying it has to be in substitution of a beat. I think there has been a good case made
for a beat, but I do feel like we are owed a long range plan and some creative ideas
about how you are going to deal with policing. That we cannot do it as usual, which
is just to keep adding beats. That is why I am requesting the Police Department to
look at those ways. Because in the long-range, I do not know how we are going to
address all of the issues just by adding beats.
Chair Furfaro: Vice Chair.
Ms. Nakamura: I will be supporting the motion and I just
wanted to point out, that sometime recently, in the past year, the Fire Department
came up with a similar grant requiring long-term commitment of funds and County
matching funds and after so many years the County would pick up the additional
cost of the bodies and I know we had a full discussion on that. I think in the end, we
deferred it, and I do not know if that ever came back to us. I think this is part of our
responsibility and fiduciary duty and I will be supporting this grant.
Chair Furfaro: Mr. Hooser, are you fine before I speak?
Okay. Chief, I want you to know that I take my responsibility y y esponsibility very, very serious
here and fact of the matter is that after the budget process, despite what other
people might say that we have all of this surplus money, we do not have. We have
fifty-four thousand dollars ($54,000) left in this year's budget. That is it. I would
like to say that I am really sensitive to your needs, you know? I have a nephew that
is on the Honolulu S.W.A.T. Team and I have other nephews that practice law about
public safety and you will certainly know when I said we will be revisiting this in
December, we will have a real clear picture from our CAFR. Without touching our
emergency reserve, I think it is only fair and reasonable that we ask you when you
get through the application process you come back to us. I think it is the responsible
g g pp p Y p
COUNCIL MEETING 35 MAY 22, 2013
thing to do when we only have fifty-four thousand dollars ($54,000) in the allocated
budget that is being voted on. I certainly feel there will be money there and I
certainly feel it is good for you to move through the application and get us a copy of
that application. So that we can have a thorough discussion in December after we
see the CAFR and I will be supporting the amendment. I will certainly be returning
an agenda item in December so we can have more discussion. I think there was
some good topics covered today about community policing that came up, and they are
worthy of another visit to the Council. So on that note, I have a motion and second.
Could I have a roll call, as amended, please?
Mr. Watanabe: First of all, we need to take vote on the
amendment, Chair.
The motion to amend by approving application only and not acceptance and
expenditure with the understanding that the KPD come back for further
approval was then put, and carried by the following vote:
FOR AMENDMENT: Nakamura, Yukimura, Furfaro TOTAL - 3,
AGAINST AMENDMENT: Hooser, Rapozo TOTAL— 2,
EXCUSED & NOT VOTING: Bynum, Kagawa TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
The motion to approve as amended was then put, and carried by the following
vote:
FOR APPROVAL: Hooser, Nakamura, Rapozo, Yukimura,
Furfaro TOTAL — 5,
AGAINST APPROVAL: None TOTAL — 0,
EXCUSED & NOT VOTING: Bynum, Kagawa TOTAL — 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: Chief, thank you for the time today and your
staff. I think we have housing people here that were expected to be here at
11:00 a.m.
Mr. Rapozo: Mr. Chair, is it okay to take a caption break
right now?
Chair Furfaro: Sure.
There being no objections the meeting recessed at 10:58 a.m.
The meeting reconvened at 11:17 a.m., and proceeded as follows:
Ms. Nakamura: Can we have the Clerk read the next item?
C 2013-193 Communication (05/06/2013) from Jennifer S. Winn, Deputy
County Attorney, transmitting for Council information the Quarterly Report on
Settled Claims Against the 'County of Kaua`i from January 1, 2013 through
March 31, 2013: Ms. Nakamura moved to receive C 2013-193 for the record,
seconded by Ms. Yukimura.
Chair Furfaro: Thank you. On that note, I will suspend the
rules.
COUNCIL MEETING 36 MAY 22, 2013
There being no objections, the rules were suspended.
Ms. Nakamura: Jennifer, you have the floor. Thank you for
being here.
JENNIFER S. WINN, Deputy County Attorney: You are welcome.
By Resolution, our Office sends to you every quarter a list of the settled claims, that
is what is before you right now. I am happy to answer my questions. Ms. Rapozo
was here earlier, but she saw that Housing had came. If you have any questions for
her, I can call her.
Chair Furfaro: Go ahead, Vice Chair.
Ms. Nakamura: Jennifer, I want to thank you for this concise
report, outlining the different claims, and the actions taken. Thank you very much.
p g Y Y
Ms. Winn: You are welcome.
Chair Furfaro: JoAnn, no questions? Thank you very much
for being here and the work that you did on the quarterly report as requested.
Ms. Winn: Thank you.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Thank you very much. Is there anyone who
wants to testify on this agenda item?
There being no objections, the rules were suspend to take public testimony.
There being no one to give testimony at this time, the meeting was called back
g g Y � g
to order, and proceeded as follows:
Chair Furfaro: We have a motion to receive and second. All
those in favor, signify by saying aye?
The motion to receive C 2013-193 for the record was then put, and
unanimously carried.
Chair Furfaro: Thank you very much. Let us go to the
scheduled Housing item that we set on or about 11:00 a.m.
There bein g no objections, C 2013-203 was taken out of order.
J
COUNCIL MEETING 37 MAY 22, 2013
LEGAL DOCUMENTS:
C 2013-203 Communication (05/03/2013) from the Housing Director,
recommending Council approval for site control of the following Vitus Development,
LLC, related to the Rice Camp Senior Housing Parcels, TMK: (4) 3-6-4:9 and TMK:
(4) 3-6-9:1:
1) Establish Site Control for Vitus Development, LLC (Low
Income Housing Tax Credits (LIHTC) financing
requirement)
2) Right of Entry Agreement (to conduct pre-development
work)
Ms. Yukimura moved to approve C 2013-203, seconded by Ms. Nakamura.
Chair Furfaro: Thank you. Motion to approve and a second.
We have guests here.
There being no objections, the rules were suspended.
KAMUELA COBB-ADAMS, Housing Director: First of all, I want to
thank the Chair and Council for allowing us to schedule this opportunity. With that,
we are Makani Maewa, Vitus Group, who is the developer that was selected by the
Housing Agency is here. We thought she could give you a update as to the progress
of the development of Rice Camp and answer any of your folks question. So, with
that, if it is okay with you Chair, I would like to turn it over to Makani.
MAKANI MAEWA, Director of Vitus Group: Good morning, Chair.
Thank you for giving me the opportunity to speak and Councilmembers. Vitus
Development is please to be involved in this. Vitus Group has been selected by the
County in response to their RFP for the development of the Rice Camp parcel. We
have schematic design as part of the initial development and we have moved forward
with the initial financing structure. We are anticipating that we will submit a tax
credit application for the financing of the project in June, mid-June, so in about a
month. We have secured debt through Citi Bank. So, we have a term sheet and we
have three (3) investors for the tax credit. So, from the financing perspective, we are
moving along on track and on schedule. We are now asking for the right-of-entry so
we can continue on the with the design, the civil design, and the architectural design
of the property. We will need right of entry for some of the typography work and the
physical work that will be going on. The contractor that was selected in conjunction
with our proposal was Shioi Construction and they are working on pricing and
design partners who is the architectural firm that recently completed the Pa'anau
project is also on our team. We have, I think, a very qualified team who are all
motivated to move forward on the project. The financing will — applications will be
submitted in mid June as I had said and then a selection from the Hawai`i Housing
Finance Development Corporation will happen in about October. After which time
we will be able to close on transaction and begin construction in January of 2014.
All going well. We are moving along quickly and we do not anticipate any problems
at this point in time.
Let me just tell you a little bit about the project as proposed. The project and
you have some information on it, it will be for seniors. There are sixty (60) units and
the sixty (60) units are designed as one (1) and two (2) bedroom units. The rents are
COUNCIL MEETING 38 MAY 22, 2013
set at about forty percent (40%) of the median enveloping which will really keep the
units affordable and the rents are five hundred twenty-five dollars ($525) a month.
There is a combination of one (1) and two (2) story in the lot closest to Rice Camp.
So, you will have some higher density in the areas that are naturally more
commercial, lower density, more plantation style in keeping with the history of the
site of the areas further away from the Rice Camp corridor. We have designed it and
we will keep in mind the plan for Lihu`e Town Core and we will be moving through
and working with Kamuela and his group to refine the further design. If there are
any other questions, I am happy to answer.
Chair Furfaro: Makani, let me ask you, there is not a small,
limited group of single senior studios?
Ms. Maewa: There will not be senior studios. In fact, in
our housing, we have seen that seniors, if they can, they would rather have a one (1)
bedroom. Studios are something that people in our portfolio and sort of across the
market we have seen that they choose only because it is a less expensive option. So,
we prefer to build the one (1) bedroom and in fact, we have seen a trend for aging in
place or for couples who would like to have two (2) bedroom units. We have allocated
a percentage that are two (2) bedrooms so that if you would like to stay there and
age in place and have a caregiver, that is something that the design is incorporating.
Chair Furfaro: Well, that trend is changing.
Ms. Maewa: Yes.
Chair Furfaro: Thank you. Questions, members? Vice
Chair.
Ms. Nakamura: Do you have any community space plan in
this facility?
Ms. Maewa: Yes, we do. We have a central community
facility. It is about scheduled for one thousand six hundred (1,600) square feet,
although it may grow a touch. That area will have a community gathering space. It
also will have on-site offices so that we can do all of the tenant lease. Through the
Tax Credit Program, there is some income verification that is necessary. We will
have on-site staff. There is also a maintenance room adjacent to that — actually as
part of the community facility and laundry rooms. Within the community facilities,
there will be a part-time Social Service Coordinator to help the seniors to
communicate with Agencies and services that are already available here and then
also to organize social service programs there on-site that they can take advantage
of. It is a part-time position that is funded through the operations.
Ms. Nakamura: That is wonderful to hear. Anything that is
promoting aging in place, I think, is great I think in the long-term for this
community. What is the competition going to be like this year for those tax credits?
Ms. Maewa: Well, we will not know what the tax credit
competition looks like until everybody submits their applications and even then, it is
a little — you can look at the historical numbers and you will see it is a 7:1
application to credits available. We feel that we are very competitive this year
because this project, there is say new allocation plan out this year I should say. The
scoring system is entirely different than what it has been historically. But the
COUNCIL MEETING 39 MAY 22, 2013
County Housing Agency has done something which is going to move this project in
Kolopua, I believe, ahead of some it the others and that is they have dedicated their
HOME funds and put their HOME funds behind these two (2) projects. In that way,
they are leveraging their resources and that is a resource that other Counties will
not necessarily have. I think we are going to be very competitive and we are
working hard on feasibility and getting all of the construction, utilities, all of that
out of the way so we really score high on feasibility points. But typically it is 7:1. It
is an oversubscribed program. But readiness is important and County support.
Ms. Nakamura: Right. You anticipate two (2) tax credit
applications from Kaua`i this year?
Ms. Maewa: That is correct. We will submit two (2) nine
percent (9%) applications from Kauai this year.
Ms. Nakamura: Good luck.
Ms. Maewa: Thank you.
Chair Furfaro: JoAnn, you have the floor.
Ms. Yukimura: Thank you. Makani, can you tell us how you
are addressing energy issues there?
Ms. Maewa: The design of the project anticipates that we
will put photovoltaic panels on the roofs. We are going to use inline hot water
heaters. The question now is whether there is gas or electric. But we have, at the
source, hot water heaters for water heating. Somebody may ask about solar heater.
We stepped away from that because we find that it is more efficient to fill the roof
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with hotovoltaic and to offset the electrical in that way rather than the solar hot
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in that.so we are going to do the inline tat. The windows will be low emissivity
g Y
and the general green features that will be incorporated are of course, the recycled
flooring content, low or no VICO paints, and we will be using recycled insulation in
the walls so it is an eco spec. We really look in every way we can to make the project
green and energy efficient.
Ms. Yukimura: Residents will — this rent of five hundred
twenty-five dollars ($525) per month, does that include the energy costs or do they
pay utility costs on top of that?
Ms. Maewa: They will pay their own utility costs.
Ultimately, after we get the budget from contractor, we will determine whether or
not we have room to put photovoltaic to offset some of their electrical. At this point
in time, we are anticipating that it will be common area and they will pay their
utilities.
Ms. Yukimura: Oh, the photovoltaic is just for the common
area.
Ms. Maewa: Yes.
Ms. Yukimura: Wow.
COUNCIL MEETING 40 MAY 22, 2013
Ms. Maewa: It is an important factor because if the
common area operating expenses are higher, than I have less debt and so the rents
have to go up. It is an indirect route, but it also saves the residents on their rent
because I will not have to charge higher rents. Their monthly expenses at this point
in time, they will be responsible for. But we are addressing that because we do have
the inline hot water heaters and other thing I did not say was low-flow fixtures. So,
we have the thirteen point one (13.3) gallon or one point one (1.1) gallon flushable
toilets and we will have the low-flow faucets and showers.
Ms. Yukimura: This is an agreement between the County and
your group, Vitus, to manage this project over a period—who is going to manage?
Ms. Maewa: No. The management is going to be EAH and
EAH will be the third party management company. We will be the developer and
the long-term owner of the property. We will lease the land from the County and in
that way the County can maintain long-term affordability and EAH will do the on-
site management. EAH already manages, I think, one (1) property for the County
and they manage other property here on Kaua`i for us, the Kekaha Elderly in
Kekaha.
Ms. Yukimura: I have some more questions about solar water
heating it is lessens the bills for residents. But we will talk about that later.
Ms. Maewa: Actually, I pay for the water. So, it does not.
Ms. Yukimura: They do not pay for water?
Ms. Maewa: I pay for the water usage. I can give you the
utility breakdown.
Ms. Yukimura: So utility — residents will not be paying
directly for water costs, is that what you are saying?
Ms. Maewa: That we pay for the water, that is correct.
Ms. Yukimura; Walk ability, is there some thought about how
seniors will walk from the project onto Rice Street safely?
Ms. Maewa: Yes, the architect is now working on two (2)
types of walk ability of course, walk ability within the property in terms of exercise
and those paths. So, they are refining those sidewalk paths and then we were just
working with Planning as to what kind of path of travel will take them to Rice
Street. We are aware of it and we are working through. I cannot tell you that we
have a perfect plan right now. But absolutely at the top of the list of items that we
are refining as we work through architectural.
Ms. Yukimura: Now all we need is a grocery store.
Ms. Maewa: Grocery store?
Ms. Yukimura; But that is not your kuleana. Let me just
thank you and the Housing leadership for this project. It seems like it was only a
few months ago that you bought the land and put forth this vision. Now we are
COUNCIL MEETING 41 MAY 22, 2013
looking at starting construction in January of next year. It is a really fast timetable
and really wonderful work.
Mr. Cobb-Adams: I wanted to point out one thing that she went
over and highlighted because the rents are priced at affordability for forty percent
(40%) of the median income. But the qualification is sixty percent (60%). So, that is
great because you are saving a lot on rent. I mean, the Tax Credit Program, they
could go up a few hundred more dollars monthly on the rent. But they are keeping
the rent as low as possible and part of the reason why that can happen is because of
efficient operation plan and budgeting that Vitus has proposed. There is an offset. I
know you alluded to the costs for electricity. In this case the design, we are
offsetting the cost of the actual rental, the rents, keeping those low and yes, they
might have to pay some electricity. But the value in that, it encourages the people
who use there to use less. They could actually lower that themselves by using less.
But you cannot lower your rents every month by certain behaviors. I thought it was
a unique way of addressing it and it is different. But there is some value in it if you
look at it from that perspective.
Ms. Yukimura: My question is how long does the rent stay at
those low rates? What are the mechanisms for raising and what controls over the
owner? Although, the cap is at the sixty percent (60%), that is something that you
are bound by?
Ms. Maewa: That is correct.
Ms. Yukimura: For the length of the tax credits?
Ms. Maewa: For sixty-one (61) years, yes.
Ms. Yukimura: And then after that, we are still going to have
it be affordable?
Mr. Cobb-Adams: It will be up to the County at time who is
going to be the landowner. I am assuming in sixty (60) years whoever is here is go to
be doing that same thing we are trying to do.
Mr. Bynum: I will not be here.
Ms. Yukimura: The price of housing and land will be really
high sixty (60) years from now. Thank you.
Chair Furfaro: Kamuela, I want to make sure I understand
this. The income range is set at the sixty percent (60%). The rent range is set at the
forty percent (40%), but does not include the utility factor at all because they will
pay for their electricity and you will be covering the water?
Ms. Maewa: Yes. We pay the water. Correct.
Chair Furfaro: The water for the common area and the
units?
Ms. Maewa: No. We pay the water for everyone, water
and sewer for everyone.
COUNCIL MEETING 42 MAY 22, 2013
Chair Furfaro: I just want to remind us of that because my
work with Habitat, when I was President, we qualified people by their income and
their nets had to be the range plus utilities. But this is only plus. There is no choice
for gas here, right? Gas utilities? Is there a choice for gas?
Ms. Maewa: We have considered gas. I do not know
whether we have settled on whether it is gas or electric especially because gas and
hot water hearts heaters are so much more efficient. But I want to stay away from
seniors and gas stoves. We have not had good experience. So, we would not use that
for the appliances.
Chair Furfaro: Let me ask on the low-flow toilets, have you
been able to find a product that has an improved flow versus the air compression
that makes so much noise and rattles the apartment next door?
Ms. Maewa: I do not know about the noisy air rattling.
The complaint that I was anticipating was does it flush and if it is only one (1)
gallon, do you have to push twice anyway? We have quite a lot of– we have eight
thousand (8,000) apartments and so we are always working through getting the best.
We do have some ood varieties and it is actually American Standard Cadet 3 or if
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we can afford it, we do the Toto. We do a lot of research on the toilets and long-term
maintenance.
Chair Furfaro: It sounds like you are well aware of it. If you
want to see what I am talking about, you can flush the toilet at Convention Center
and you will hear the water compression and air right in the middle of the
conference.
Ms. Maewa: Oh, it is a rear loaded toilet.
Chair Furfaro: It is relatively embarrassing. But more
importantly for the seniors, it sounds like you have a handle on past experience.
Ms. Maewa: Yes.
Chair Furfaro: Members, any more questions? Mr. Hooser,
you have the floor.
Mr. Hooser: Just a real brief question. It sounds like a
wonderful project. How will it be determined who—is it first come first served? Is
there a waiting list? I know there is income qualifications, but how is it determined
or if someone was interested in this, how would they get on the list? What is the
process for that?
Ms. Maewa: Well, we will restrict the marketing to local
marketing first. Our intent is to try to serve the residents of Kaua`i. It is typical we
will have EAH do local marketing here on Kaua`i. We will send it to the Housing
Department and then we have as part of our Tax Credit Application, we will notify
people on the housing wait list for Hawaii Public Housing Agency and the
Department of Human Services. So, we will notify those two (2) areas. We will also
reach out to the Department of Elderly Services and Aging Department. So, we will
do that to try to target them. We cannot, say for example, say it is only for people
from Kaua`i. It is easiest for them to see it. It is easiest for them to anticipate. We
will start a marketing campaign about ninety (90) days before we can occupy and let
COUNCIL MEETING 43 MAY 22, 2013
people know and start accepting applications. But in general, we will keep the
marketing local so that we can focus on local respondents.
Chair Furfaro: Thank you. Any more questions? JoAnn.
Ms. Yukimura: In terms of the comfort level of the units so
that air conditioning is not required or desired, has there been attention paid to
ventilation?
Ms. Maewa: Yes, the buildings are situated to take
advantage of the prevailing winds. I have a Wind Study and I could show you the
wind traffic through. In fact we just relocated the window above the sink so that
there is an air flow throughout the entire unit. Then they have ceiling fans, but it is
not anticipated that they will have air conditioning or that they will desire air
conditioning.
Ms. Yukimura: I appreciate the thought that has gone into
that. I have not heard of wind studies done too often and I am glad that you are
doing that. Thank you.
Chair Furfaro; Members, I just want to get some clarity here,
while we have Housing here, we are going to deal with Legal Document 202 as well
as Legal Document 200?
RICKY WATANABE, County Clerk: Yes.
Chair Furfaro: Will they involve Makani?
Mr. Watanabe: No.
Chair Furfaro: Any more questions for our guest? No? If
not, thank you very much.
Ms. Maewa: Thank you.
Chair Furfaro: Kamuela, we are going to have you step aside.
Is there any public testimony? Yes, there is public testimony.
KEN TAYLOR: While I am in support of this project, I do
have some real concerns that we are missing an opportunity. This particular
location is back off the main street. It is located relatively close to downtown Lihu`e.
I think we are missing an opportunity to have higher density and I was really
disappointed when I first saw the plans for one (1) or two (2) story facility here when
it should be three (3) or (4) four stories. Unfortunately, in the Lihu`e Core Plan
project, they add some housing to the core plan area. But from what I have seen in
the past, inadequate amount of housing for the core plan. This is an opportunity to
build that density or at least on this project into this particular location and site. We
know the County is working on another housing project that is way out in `Ele`ele
which should be. It should be in the Lihu`e area also. But I think it is important
that we move forward with affordable housing. We know it is needed. We know we
are way short of what is needed. This is an opportunity that if we continue down the
existing path, we lose the opportunity. I would hope in your final decisions you
would agree to move forward with the project, but at higher densities. Thank you.
COUNCIL MEETING 44 MAY 22, 2013
Chair Furfaro: Thank you, Ken. Mr. Rosa.
JOE ROSA: I am not opposed to any kind of housing for
the elderly. But I do not hear anything mentioned about the sewer system which is
a thing about controversy because I know the housing in Hanama`ulu near King
Kaumuali`i School and the project is on hold because the capacity of Lihu`e sewer
plant is at its max. They are working twenty-four (24) hours / seven (7) days a week
and how do you put a housing area in that area and no sewer expansion? You folks
are already set, go, and fire. But think about sewer. The sewer plant has been
overcapacity. Like I was saying, they are going twenty-four (24) and then to expand
it, all of the sewer tax payers in the Lihu`e area would have to have their sewers
raised because every time there an expansion of some kind, we sewer users get hit
with it. It is not the whole island that is on sewer. You have the Houselots area and
Homestead areas, they are all illegal with cesspools and yet here we paying our
sewer fees that is over one hundred dollars ($100) and every time as I say, when
they do anything with the sewer plants, the sewer owners are hit with it. That is not
fair. Let us be realistic, that sewer plant is going to generate how many more people
on the sewer system? So, that will cause a problem. Our sewer plant is not able to
take it because like as I just said, they deferred to Hanama`ulu housing there also
that people wanted to develop. They said at the time, that is why I even mentioned,
you do not come back to Lihu`e town and dig up Lihu`e town. Just take it down
Kapule Highway. You have Kapule Highway now and you need one (1) pump station
to get it up to the plant instead of coming all the way through Lihu`e town, put one
(1) pump station down Kapaia and a lot of times I hear the bell going off on top of the
hill so we have a nice green valley with (inaudible) trees over there. Those are
things that maybe you Councilmembers are not aware. But think and look around
before they start doing developments. I did not hear solar mentioned once even in
the assessment of the fees or the rent that they are going to pay. There is a sewer
fee involved and we pay and so why should everybody else not be paying that sewer
fee? It is only being fair. I am here just to see everybody has a fair share of
everything. Like the people out in the public always see me, you are our spokesman.
We always hear you and understand where you are coming from.
Chair Furfaro: Joe, that is three (3) minutes.
Mr. Rosa: Yes. But that is why I just said I am here. I
think that Rice Camp should be put on hold until you solve your sewer plant problem
because go and check on it, it is at the max. They are there twenty-four (24)/seven
(7) so before the go ahead goes, check on your sewer plant before it gets to be a
problem and you are going to get spillage. That spillage is going to go right into
Kalapaki Bay. Thank you.
Chair Furfaro: Questions for Joe? Is there anybody else
would wishes to give testimony?
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Gary, I believe we have additional questions
for you and Makani. Kamuela, you can come too. I just see here signaling here.
Can I tell you something? You did a very good job because I did not call you and at
this meeting I give directions. But at the request of the Councilwoman, she would
like to have you here as well. JoAnn, you have the floor.
COUNCIL MEETING 45 MAY 22, 2013
There being no objections, the rules were suspended.
Ms. Yukimura: The two (2) public testifiers raised questions
that I would like answers to. One is about density and I am thinking R-12, but what
is the density?
Mr. Cobb-Adams: We have this discussion. It is R-20. The site
is zoned for eighty-four (84) units. We actually talked about this just this morning
with Planning. The first phase, there are two (2) strategic reasons why we went
with sixty (60) units. There are water meters and we have been working with the
Water Department. Water is actually the biggest issue in.Lihu`e. We have checked
on the circle pass and it has sewer. There are facility charges that the developer will
be paying for the capacity. But the existing water meters, if we get our transfer and
consolidations of the meters, we should have the source available for sixty (60) units.
So, that was one of the main reasons why we went with sixty (60) and there is a
Phase 2. In that Phase 2 we just met with Planning and based on lot coverage, that
Phase 2 can actually exceed twenty-four (24) and we are not sure exactly what the
number is. But we can exceed it and possibly go higher on that parcel to go beyond
the eighty-four (84) units because of the Lihu`e Town Core Plan. But that second
phase is the one that is going to be on hold because the water issues there. But it is
our understanding from meeting with our Wastewater Division, that we have
capacity and the way to get that is by paying a facility charge.
Chair Furfaro: The Lihu`e plant, JoAnn, has at least forty
percent (40%) of its capacity still available. It is the water issue that is more
pressing.
Ms. Yukimura: The limiting factor. It is a very excellent
answer and I appreciate the explanation. So, that your actual density will be R-20 or
R-15 thereabouts?
Mr. Cobb-Adams: If we went with eighty-four (84), the current
plan which would be phase 160 and phase 224 would max out the density. But
because the Lihu`e Urban Core plan and we just met this morning, they feel that
that will allow us to increase the density to a higher density with our Phase 2. So,
we just met this morning.
Ms. Yukimura: Right.
Mr. Cobb-Adams: So, we have to go and evaluate what that
number is.
Ms. Yukimura: Right, and you may want to see how the first
phase operates and then think about how the second phase would integrate into
that.
Mr. Cobb-Adams: That was another benefit of going with sixty
(60) to ensure that we fill up those units and make sure that the demand is there.
Ms. Yukimura: Which is our pattern from Kalepa, right?
Where we built it in increments. The other question is about utilities, are you
paying for the sewage cost as well or is that part of the utilities that renters have to
pay?
COUNCIL MEETING 46 MAY 22, 2013
Ms. Maewa: No. We pay for both. We as the owner pay
for the whole property, the sewer, and the water. The water and the sewer is our
obligation. The residents themselves pay for their electricity and they pay for their
telephone and their cable. We pay for the water and the sewer so they do not pay for
it.
Ms. Yukimura: Residents pay for electricity and possibly gas
if you decide to go for heating water with gas?
Ms. Maewa: Correct.
Ms. Yukimura: But that would be all in terms of the utilities
that they would be responsible for?
Chair Furfaro: And cable television.
Ms. Maewa: And then cable television or telephone, if they
have two (2) those things.
Ms. Yukimura: Right. Thank you.
Chair Furfaro: Are you good, JoAnn?
Ms. Yukimura: Yes, I am. Thank you.
Chair Furfaro: Thank you. Thank you again for coming up.
I have two (2) more Housing items. I have Steve here for a Finance item. I would
like to get a motion to approve this item.
There being no objections, the meeting was called back to order, and
proceeded as follows:
The motion to approve C 2013-203 was then put, and unanimously carried.
Chair Furfaro: Thank you very much. To those in the
audience, I would like to take the two (2) legal items that are in Housing first since
you gentlemen are here. Then I would like to go to Steve on the receiving of the
forecast County revenues. That takes us to Legal Document C 2013-200, followed by
C 2013-202.
C 2013-200 Communication (04/01/2013) from Fay Rapozo, Homebuyer
Coordinator, Housing Agency, recommending Council approval of the Release and
Cancellation of Ho`okena Resale & Occupancy Restriction and Restrictions on Sale or
Transfer, and Use for title insurance purposes for Unit No. 407, Ho`okena at Puhi.
• Release and Cancellation of Ho`okena Resale & Occupancy
Restriction and Restrictions on Sale or Transfer, and Use
Ms. Yukimura moved to approve C 2013-200, seconded by Ms. Nakamura.
Chair Furfaro: I have a motion and a second. Are there any
questions for Housing? Rules are suspended. Gentlemen, let me see if anybody
wants to speak in the back?
COUNCIL MEETING 47 MAY 22, 2013
There being no objection, the rules were suspended to take public testimony.
There being no one to give testimony at this time, the meeting was called back
to order, and proceeded as follows:
Chair Furfaro: Seeing no one, stay right there.
The motion to approve C 2013-200 was then put, and unanimously carried.
Chair Furfaro: Let us go to 2013-202.
C 2013-202 Communication (05/03/2013) from the Housing Director,
recommending Council approval to execute a 10-year lease of the Historic Waimea
Theater to the West Kaua`i Business and Professional Association (WKBPA) for Use,
Management, Operation, and Maintenance of the Historic Waimea Theater.
• Amended and Restated Lease of the Waimea Theater
Ms. Yukimura moved to approve C 2013-202 seconded by Ms. Nakamura.
Chair Furfaro: I have a motion and a second.
There being no objections, the rules were suspended.
Chair Furfaro: Gentlemen, you are current on this program?
Mr. Cobb-Adams: Yes.
Chair Furfaro: I there anything that you would like to add?
You have said it all? Anyone in the audience who wishes to testify on this item?
There being no one present to give testimony, the meeting was called back to
order, and proceeded as follows:
The motion to approve C 2013-202 was then put, and unanimously carried.
Chair Furfaro: I think that is all the business that we have
for Housing today. If I can call up Finance. Makani, thank you very much. I think
Steve's item is C 2013-194.
COMMUNICATIONS:
C 2013-194 Communication (05/06/2013) from the Director of Finance,
transmitting for Council information, the Period 9 Financial Reports — Detailed
Budget Report, Statement of Revenues (Estimated and Actual), Statement of
Expenditures and Encumbrances, and Revenue Report as of March 31, 2013,
pursuant to Section 21 of the Fiscal Year 2012-2013 Operating Budget Ordinance
No. B-2012-736 of the County of Kauai. (Copies of the Period 9 Financial Reports as
of March 31, 2013 on file in the County Clerk's Office): Mr. Rapozo moved to receive
C 2013-194 for the record, seconded by Ms. Yukimura.
There being no objections, the rules were suspended.
COUNCIL MEETING 48 MAY 22, 2013
STEVEN A. HUNT, Director of Finance: Thank you, Chair. I
submitted yesterday, to Scott Sato, a summary report of action.
Chair Furfaro: Yes, that is this one here for all the members.
Mr. Hunt: Correct.
Chair Furfaro: That is what we requested you to do for us
and I want to tell you that it is much appreciated and especially with the speed that
it was done. I will hold my comments for accuracy, but speed was done.
Mr. Hunt: Great, thank you.
Chair Furfaro: Go ahead, Steve.
Mr. Hunt: Both the revenue and it was also done for
expenditures. So, you have now a summary report rather than the very thick file of
actual information to pour through. I guess first, I wanted to ask whether this
particular report is in fact what you were anticipating and would like to receive for
future quarters as we turn them in?
Chair Furfaro: I will bring it to one (1) question and your
answer will tell me if it is acceptable. I would like to turn to the page that is really
dealing with the revenue pieces and take it all the way down to the unrealized
balances. Tell us a little bit about the sixteen thousand nine hundred sixty-two
dollars ($16,962).
Mr. Hunt: The remaining balances that would be
anticipated from the budget that have not been realized as of yet from all funds.
Chair Furfaro: This is from all budgets all funds?
Mr. Hunt: Correct.
Chair Furfaro: And you and I had this discussion about that
number being like eleven thousand dollars ($11,000), this is sixteen thousand dollars
($16,000).
Mr. Hunt: Yes. My eleven thousand dollars ($11,000)
number, ten thousand five hundred dollars ($10,500) actually was anticipated lapse
that is available for unassigned General Fund only. But all funds, correct.
Chair Furfaro: My discussion was thirteen thousand dollars
($13,000).
Mr. Hunt: Yes.
Chair Furfaro: So, we are here at sixteen dollars ($16)?
Mr. Hunt: Yes.
Chair Furfaro: That is the good news?
Mr. Hunt: That is good news.
COUNCIL MEETING 49 MAY 22, 2013
Chair Furfaro: But at the time, it is a great tool for us not to
need to do my regular routine and this will be a standard quarterly practice now,
this summary or will it be monthly?
Mr. Hunt: Yes, this is the format you anticipate. We
will provide that on a quarterly basis.
Chair Furfaro: Quarterly?
Mr. Hunt: Yes.
Char Furfaro: This is in reflection to our discussion, folks,
that we dealt with during the budget session because we did agree and recognize as
Vice Chair was getting prepared to introduce a Resolution to this fact, we have
realized how critical the first ninety (90) days were for you. But we certainly agreed
that something on or about the ninth period or three-quarters through the year, we
would like to get a glimpse of what the unused/uncertified balances might be. This
number in the corner here is the key one for all the Councilmembers. Now can I ask,
have we tightened up all the numbers because in your budget presentation to us, you
indicated that instructions were given to the different Department Heads not to be
excessive in their spending for the rest of the year? Is this pretty tight now?
Mr. Hunt: That is correct. This is where we are. This is
pretty tight and that was reinforced at the last Department Head Meeting, was that
we are trying to preserve as much Fund Balance to lapse this year to help in
assisting Fiscal 2015.
Chair Furfaro: If we find ourselves in a traditional financial
picture that he were in this year, we used how much to start this year's budget,
eleven million dollars ($11,000,000).
Mr. Hunt: For Fiscal 2014?
Chair Furfaro: Yes.
Mr. Hunt: I believe eleven million seven hundred
thousand dollars ($11,700,000).
Chair Furfaro: Eleven million seven hundred thousand
dollars ($11,700,000), and if we use the same numbers next year, it seems that the
sixteen millions five hundred thousand dollars ($16,500,000) might actually leave us
about three million dollars ($3,000,000) surplus.
Mr. Hunt: Well, the eleven million seven hundred
dollars ($11,700,000) was only for General Fund, not all funds.
Chair Furfaro: Yes, this is all fund.
Mr. Hunt: This is all fund.
Chair Furfaro: But those are other funds that we transfer
money to?
COUNCIL MEETING 50 MAY 22, 2013
Mr. Hunt: Correct.
Chair Furfaro: Money is money, no matter what fund it
comes out of.
Mr. Hunt: Yes, but we started with fund balances or
estimates for those funds to begin with as well. If you look at totality of what was
utilized for the budget, then we would have to look at that as well.
Chair Furfaro: But for all intents and purposes, you said we
were going to be at eleven million seven hundred thousand dollars ($11,700,000) and
for nine (9) months at the top of the page, we are at eight million two hundred
thousand dollars ($8,200,000). If everybody follows that right here? JoAnn, right
there. That is the piece that is being carried over in the General Fund. The one on
the bottom is all funds.
Mr. Hunt: Right.
Chair Furfaro: I am very pleased. I want to personally thank
you for doing this.
Mr. Hunt: Thank you. I would like to thank Ken and
Anne, as well for preparing this, the Budget Analysts.
Chair Furfaro: The two (2) Budget Analysts are very much
appreciated for doing this work for us. Thank you, Steve.
Mr. Hunt: Just to clarify one other things too. This is
only the revenue pieces, you also have to look at the expenditures to see the nets.
Chair Furfaro: Sure. But that is why I asked you the
question. They were instructed to cut their spending.
Mr. Hunt: Yes.
Chair Furfaro: Questions? If not...sure.
Ms. Nakamura: Thank you very much Steve for doing this.
Mr. Hunt: You are welcome.
Ms. Nakamura: I will take a look at the proviso and some of
the other notes from previous discussion. I have not had a chance to do that prior to
do that to today. So, we will be providing something written comments.
Mr. Hunt; Great.
Ms. Nakamura: Thank you.
Chair Furfaro: I am not going to provide any written
comments. I am just going to say thank you.
Mr. Hunt: You are welcome.
COUNCIL MEETING 51 MAY 22, 2013
Chair Furfaro: Twelve (12) years to get here. Good. Thank
you, Steve.
Mr. Hunt: Thank you. Any comments from the
audience?
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: This is a motion to receive. Further
discussion by the members?
The motion to receive C 2013-194 for the record was then put, and
unanimously carried.
Chair Furfaro: Thank you very much. Do you know where
we left off, we can keep marching?
Mr. Watanabe: Yes, C 2013-195 on page 3.
Chair Furfaro: Hold on just a second. May I ask, before we
go to a new one. Is the County Attorney willing and able to come up now to address
the questions that we put on table? Why do not we go back to that? Read the
number again one more time again, please.
Mr. Watanabe: C 2013-182 on the middle of page 2.
Chair Furfaro: Got it.
There being no objections, the rules were suspended.
IAN K. JUNG, Deputy County Attorney: I think I want to address
some of the issues that have been raised this morning. I think where we left off in
the last meeting is that we wanted to hold an Executive Session to try and explain
some of the legal complexities regarding the TVR Ordinances 864, 876, and 904. I
first want to apologize to the Council because when the Chair asked that I submit an
Executive Session posting, I did prepare the Executive Session posting but I
inadvertently sent wrong word file to my staff who transmits it over to the Council.
So, unfortunately the wrong posting got on the calendar and that would be ES-637.
Chair Furfaro: If we are coming to confession, may I also say
to you that you would have been about nine (9) hours late to make the posting as
well.
Mr. Jung: Right. When it got sent to, I checked my
phone at 9:00 p.m. and realized that I made a mistake once I checked the Council
agenda. I sent an E-mail to Council Services Staff that I did make the mistake in
hopes that we could try to change it. But then I was informed that a few
Councilmembers would not be here on this particular date. Then with regard to why
I wanted to hold the Executive Session, I think it would be important for the
Councilmembers who were not on the Council at the time that we went through the
briefings about whether or not 904 we be passed or not. It would be imperative that
the Councilmembers who were not at the Council at the time be here currently for
COUNCIL MEETING 52 MAY 22, 2013
that Executive Session. I think the two (2) Councilmembers that were here were
only yourself, Chair Furfaro as well as Councilmember Bynum.
Chair Furfaro: Let me just say that I want to say that we are
all human and we do make timing mistakes but thank you for coming forthwith that.
Mr. Jung: I appreciate that and hopefully my wife will
take my mistakes the same way you do. But I did correct the posting. I will get it on
for the next agenda and I believe the next Council agenda is June 5th. I will get it
on before the big meeting that will you hold on June 12th so we can thoroughly vet
some of the issues, not just past and present issues, but also issues that are
forthcoming moving forward with enforcement because we do have pending litigation
right now, not just Administrative litigation, but also Circuit Court litigation where
Attorneys have used have used any discussion I have had or Planning Director
Dahilig has had with this Council in their briefing. I just want to make sure the
Councilmembers have, and IT is my advice so it is up to you folks. But when we go
into Executive Session I wanted to discuss certain parameters of where discussion
points should be. Again, it is up to you folks. But I want to at least give you the
briefing first before we engage again in this dialogue about enforcement issues.
Chair Furfaro: Let me first clarify one piece. If you are
looking, will I be willing to post a Special Council Meeting for the 5th on this item, I
do control the agenda and the answer is "yes."
Mr. Jung: My staff does have it corrected one so I will
have it sent over. I apologize again. If there are any questions, it is up to you folks.
Chair Furfaro: Go right ahead, JoAnn.
Ms. Yukimura: Ian, are you saying then that for C 2013-182,
you are familiar with what I am talking about?
Mr. Jung: That is the coordination between the
Prosecutor and Planning Director?
Ms. Yukimura: Yes. That we are not able to ask them
questions in the open or that you would prefer that we do not ask any questions until
you brief us in Executive Session?
Mr. Jung: Well, I will not tell you what you can and
cannot do. But from my perspective, I would prefer to have the Executive Session so
you folks can understand the issues. I think there are outstanding issues that
certain Councilmembers do not have that I think would be relevant to the discussion
involved with the complexity of the TVR Ordinances. I think it is imperative that
you folks understand these issues whether or not you agree with the issues or not of
whether you find these issues to the point where they should be raised. It is up to
you folks. But I think you should at least hear these issues out because we are
facing litigation on these issues
Ms. Yukimura: I just want to say that I will not be here on
the 5th and I have said that earlier on.
Mr. Jung: Oh, right.
COUNCIL MEETING 53 MAY 22, 2013
Ms. Yukimura: But I guess I can read the transcripts or the
minutes. We would defer this then to the 12th?
Chair Furfaro: I cannot make a motion. The motions have to
come from you folks.
Ms. Yukimura: But if we defer it, this is a Council Meeting so
it would be deferred to the next regular Council Meeting unless we want it to be
deferred to the 5th?
Chair Furfaro: Is that the 12th, the next regular Council
Meeting?
Mr. Watanabe: Yes, June 12th is the next regular scheduled
Council Meeting.
Chair Furfaro: We have answered your question. I will
recognize the others. But we have answered your question, the date is the 12th.
Ms. Yukimura: I am willing to make a motion to defer. But
that is to June 12th unless we specify otherwise. Maybe there are others that wish to
speak first.
Chair Furfaro: Mr. Rapozo and then Mr. Hooser.
Mr. Rapozo: Thank you, Chair and Ian, thank you for
being here. I would assume that we would get some kind of documentation prior to
the Executive Session date?
Mr. Jung: Yes.
Mr. Rapozo: To be honest, I am battling that we cannot
even talk to the Planning Director today and I understand what you are saying. We
are in litigation. We are always in litigation. We are in litigation involving the
Police Department, does that mean we cannot have the Police Chief up here to ask
questions about issues? I understand that litigation is pertaining to the TVR
Ordinance, I understand that. But this as Mr. Hooser clearly pointed out earlier,
this is going forward. Considering all the complaints that have arisen, what are we
going to do going forward? That is how I read this posting. I understand there is
some concerns. But to be honest, the appearance of this is really like we are kind of
Pp Y
hiding from the public and that is how I would perceive it if I am sitting on that side
of the rail because they have no problem discussing it when the Prosecutor was
looking for another funding for another position or continued funding on a position.
There was no real concern when they were up here and I know Councilmember
Nakamura said we ran out of time. We did not run out of time. We had all night. It
was the Planning Director that ran out of time which to me was another problem
and then you compound that with today's events like all of a sudden now he cannot
even come at all. He is not allowed to come into the building and the appearance is
not good as far as I am concerned. I am still battling with this. I probably will not
support the motion to defer this matter because I do not think we need to. I think
this matter should be addressed here and if he wants to come or it he wants to plead
the fifth or whatever he wants to do, he can do it here on the record so we have a
record of what occurred. I am battling with that right now. Should this get deferred,
I want to know from the County Attorney's Office, are we going to be able to have
COUNCIL MEETING 54 MAY 22, 2013
documents to review before I get to vote on whether or not we go into Executive
Session because I really, really and all of us are very critical of what is discussed in
that room and I want to make sure that if we go into that room, it is for the reasons
specified in the Sunshine Law.
Mr. Jung: Sure.
Mr. Rapozo: Thank you.
Mr. Jung: I ordinarily do PowerPoints on these issues.
So, I will make a PowerPoint available to the Councilmembers in advance.
Chair Furfaro: Thank you, Mr. Jung. I think we had a
question from Mr. Hooser before I take public testimony.
Mr. Hooser: I am trying to understand the situation. I
understand the posting on the Executive Session issue was incorrect and you are
going to correct that and now we are really talking about the other agenda item. I
am getting mixed messages or two (2) messages. The County Attorney told us
earlier that the Planning Director was advised by the County Attorney's Office not to
be here and then when we asked further, he suggested that if he did come, he would
have to take the fifth Amendment. Now I am hearing from you that the reason that
you would prefer us not to engage in a dialogue on these issues with him is because
there is pending litigation and that there are things that we need to know and be
told in Executive Session about that pending litigation. There are two (2) different
messages we are getting. I would like to know what the real message is or what the
primary message is or whether they are both valid messages, that is number one.
Number two, as Councilmember Rapozo said, there is always litigation, always.
Next year there will be TVR litigations and there will be Police Department
litigation and all kinds litigation. Usually, it is my experience and Councilmember
Yukimura suggested this earlier today, my experience that yourself or other
members of the Attorney's Office would sit next to or with the Planning Director or
whoever and if the question strayed into an area that would potentially negatively
impact the County's interests, that you would interject at that point. That is the
second question, why can we not do it that way?
Mr. Jung: With regards to the first question, both are
valid points. I think and I am not get into the details of the advice that our Office
gave Mike Dahilig because it is Attorney-Client privilege. So, I am not going to get
there. But with the second issue is yes, I made a mistake and hopefully we can get
this on to the point to answer your second question, that there are significant legal
issues here. They are being raised in briefs. Mr. Dahilig and myself have been
quoted in briefs by another Attorney that I have a pending hearing on July 12th. So,
that is why it is important. I have no problem sitting here with Mike on the issue,
but Mike is the one who holds the card on the Fifth Amendment. It is up for
something for him. If we get to that point, folks want to move forward and Mike is
willing to come up and discuss that with you, that is up to him. But at first, I want
you folks to understand that there are concerns here. I would prefer to do that in
Executive Session so we cannot get hamstringed in future litigation because looking
retroactively, we are still dealing with pending applications for special permits,
pending applications for State Land Use District urban designated TVRs. Then we
are looking at how to deal with renewals and people who failed to renew their TVR
certificates with that one (1) year period of time. All of these issues will come up and
we have to formulate a valid position first before we engage in open discussion on
COUNCIL MEETING 55 MAY 22, 2013
this so we can have a strategy in moving through the litigation. I want to leave it
there because this will probably be used in the future. This open dialogue will be
used in briefs and that is fair. It has happened before. There will be future
litigation. It is just the way with County. It is just the way it is with society and
that is how the law works. But all that I am asking is that the Council be aware of
the legal issues especially the Councilmembers who were not present during 876 and
904 amendments to 864. So, you have a broad understanding of what the issues
regarding non-conforming uses are because it is the most complex land use
litigation, when you deal with non-conformity of uses and how to register and apply
those to non-conforming use to current, valid uses. It is a complex area of land use
law which takes quite a bit of time and detail to explain. I would probably hope to
reserve at least two (2) hours to get to the meat of it, anticipating an additional
amount of questions. Unfortunately, we do not have much case law in Hawai`i.
There is only one (1) case that speak directly on point to this. It comes from advice
in our Office on how to deal with these types of situations. Basically all I am asking
is that you folks be aware of these issues before we engage in open dialogue and
criticism of the Department, criticism of the Administration for not going after TRVs
because it is happening. We are enforcing the TVR Ordinances to the point of
pending applications, getting through the batch before we move on to the next step.
So, things happen in phases. There are other issues going on with Planning aside
TVRs so it is a difficult balancing act in terms of litigating the issues as well as
performing on the issues. I think that is what needs to be discussed and how this is
being applied and how implementation is difficult.
Mr. Hooser: Thank you.
Chair Furfaro: Yes, go ahead.
Ms. Nakamura: Ian, would you prefer that the briefing be on
June 5th or the 12th?
Mr. Jung: I will leave it to the pleasure of the Council,
either way I will have time.
Ms. Nakamura: You are available on both days for that
briefing?
Mr. Jung: As I mentioned on the last meeting on
June 12th I do have Planning Commission. I know it is of significant importance to
the Council, so I will find a backup to cover Planning Commission because it is
p g
Prince Kuhio Day, I believe that day.
Chair Furfaro: JoAnn.
Ms. Yukimura: I just want to say that if we had this
discussion upfront this morning, it would have been clearer and more helpful. I
know it was inadvertent and unintentional, but the inaccuracy of the posting for the
TVR is pushing everything to the 5th when I am not going to be here and then to the
12th, when we have a very heavy agenda. We just need to have perhaps more
accurate and also upfront addressing of the issues so we do not have to take so much
unnecessary time
Mr. Jung: Yes, I apologize.
COUNCIL MEETING 56 MAY 22, 2013
Ms. Yukimura: Thank Y ou.
Chair Furfaro: Young man, first of all, thank you very much
for coming over. Let me ask you, a discussion like this might take upwards of two (2)
hours and our 12th is very, very full. I am wondering and I am going say it out loud
to the Clerk, if we should not or could not have a Special Council Meeting posted on
an Executive Session dealing with this matter either on the 11th or the 13th, do either
of those days work for you?
Mr. Jung: I believe the 11th is a holiday.
Chair Furfaro: Oh, that is right.
Mr. Jung: I am willing to come in on a holiday if you
folks want me to. The 13th, I am available.
Chair Furfaro: You are available?
Mr. Jung: Yes, I checked my calendar surrounding that
day. I am going to ask members, how do we look, Clerk for the 13th?
Mr. Watanabe: June 13 th is a Thursday and pretty much we
just post the next agenda.
Chair Furfaro: If we posted a meeting, we had our staff
meeting in the morning, we posted 10:00 a.m. for a Special Council Meeting,
10:00 a.m. to 12:30 p.m.
Ms. Yukimura: I just want to say, we have this Department
of Transportation (DOT) meeting on the Long-Range Transportation.
•
Chair Furfaro: It is on the 13th?
Ms. Yukimura: That morning.
Mr. Jung: We can do it in the afternoon, is fine with me
as well.
Ms. Yukimura: But also, related, Chair.
Chair Furfaro: Go ahead, you have the floor.
Ms. Yukimura: The 12th is the investigation issue and all of
this was supposed to dovetail into that. It was supposed to be background for our
pp pp g
decision makin g on that.
Chair Furfaro: We understand. I mean, should we, what is
Monday the 10th like?
Mr. Watanabe: I do not believe any posted meetings on
Monday, the 10th.
Chair Furfaro: What is your schedule, Monday the 10th?
COUNCIL MEETING 57 MAY 22, 2013
Ms. Yukimura: Chair, may I also make another suggestion.
Chair Furfaro: Let us get through one suggestion at a time.
He may say Monday is not good. Monday is good?
Mr. Jung: I am okay. It is fine.
Chair Furfaro: Now before we go any further, members is
there another suggestion day?
Ms. Yukimura: Chair? I am not going to be here either the
5th or the 10th. I was out. But I would suggest you go ahead and the 5th maybe
because it is already a Council day, if it is not a heavy agenda. I am going ask for a
personal briefing. It might be on — I do not know when. But if we are going to make
decisions on the 12th, I have to be briefed before the 12th and I am coming back on
the 11th from my vacation. I do not know.
Chair Furfaro: The 5th is a Committee Day and we would
have to post a Special Meeting in the morning.
Ms. Yukimura: It is up to you. I will be gone.
Chair Furfaro: Mr. Hooser.
Mr. Hooser: Just for the record I would prefer the 5th. I
am not going to be available on the 10th.
Chair Furfaro: We are moving towards the 5th everyone. So,
that is Wednesday the 5th. We will hold that thought. We will excuse you. I will see
if there is public testimony from the gentlemen here. Glenn.
GLENN MICKENS: I just have one question. I thought this was
an extension of the last time the Planning Director sat here in this seat? The only
reason we could not continue it, he had to catch a plane. Now why could he not be
here today? Why do we have to have an Executive Session?
Chair Furfaro: Let me explain this to you. I have put this on
the agenda for discussion with the Planning Director.
Mr. Mickens: Right.
Chair Furfaro: Subsequently the next week, Mr. Rapozo and
Mr. Hooser asked me to put their Resolution on the investigation to go on the
agenda. So, that item lapsed. Then Mr. Mike had to leave because he went to a
regents meeting, subsequently the meeting agenda was there which has caused some
concerns as you heard from the County Attorney.
Mr. Mickens: Right.
Chair Furfaro: That is what is going on. Do you want to
testify on this item today?
COUNCIL MEETING 58 MAY 22, 2013
Mr. Mickens: No. You pretty well clarified me because I
thought the only reason we did not keep on quizzing the Planning Director was
because simply because he ran out of time and he had to catch a plane.
Chair Furfaro: It is two (2) parts. You are correct. He ran
out of time, but you also need to identify that within that seven (7) day period, we
posted a new Resolution identifying investigative services with a 3.17.
Mr. Mickens: Now there is going to be an Executive Session
today and until the 5th, it will not come back up.
Chair Furfaro: Executive Session 637 will have to be received
today because it was posted wrong. This only dealt with part of the issues. We are
going to move to receive that and post a new one for June 5th. Now on June 5th is a
Committee Day so we will have to post a Special Council Meeting and it seems from
the dialogue around the table, that date works for everyone best, except for JoAnn
who is asking for her own briefing. She is having a family celebration that day.
Mr. Mickens: Yes, I understand.
Chair Furfaro: Do you want to give any testimony?
Mr. Mickens: No, thank you.
Chair Furfaro: Thank you, Glenn.
Mr. Mickens: Just one thing. I do agree with JoAnn and
Mel one hundred percent (100%). This thing is being handled horribly and it should
be definitely — resolution should come somehow when people in the audience, like
Joan and they have to bring this before the Council. The Council picks up on it like,
they should and you have done a great job. But we sit here and listen to this double
talk and song and dance. We do not hear answers coming forth. It just seems like
something wrong with the system.
Chair Furfaro: Just remember also that everybody here at
the County took an oath of Office that implies that it is also our responsibility to
watch out for the best interest of the Council and the County. So, that is why it has
becomes so delicate. But we are moving forward on the Resolution as well.
Mr. Mickens: Thank you, Jay.
Chair Furfaro: Anyone else who wishing to speak? I am
going to make a little housekeeping notice, if I can. I have a 12:30 p.m. appointment
and I may be back a little later than anticipated. After we take public testimony
four (4) people can vote on the...and could you just remind everybody, we need to
receive the item. It has or was something that was posted wrong.
Chair Furfaro, the presiding officer, relinquished Chairmanship to
Ms. Nakamura.
Mr. Taylor: I guess I am really upset on your agenda.
Your agenda item today here on this item provides the Council with a briefing
regarding the coordination of effort between the Planning Department and the Office
of the Prosecuting Attorney to enforce the Transient Vacation Rentals Ordinance
COUNCIL MEETING 59 MAY 22, 2013
and their plans for dealing with the various enforcement issues raised by the public
and the Councilmembers. This is a policy issue. It is a process issue. I can see
absolutely no reason to go into closed session. I think it is very sad that the
Administration has gone down this route of not showing up and dealing with the
issues at hand. It is just another reason that I say this system is broke. If we have a
County Manager style of government, you folks would not sit here and let the
County Manager sit here and play these games. His head would be rolling if his
staff operated like we are seeing here today. I am saying it is time. It is time to bite
the bullet and move a proposal forward to the electorate of this County to look at
changing the way we operate. This has gone on for too many years. We are not
getting the answers. Things are happening that should not be happening. It is time
for you folks who have been elected by the people of this County to step up to the
plate and do that right thing and put your foot down and say enough is enough—we
are moving forward. It is really sad to see our government structure so out of
balance and out of whack between what is going on and the concerns of the
community and the lack of things happening. I do not know what the right words
are.
Ms. Nakamura: That is your first three (3) minutes, Ken.
Mr. Taylor: Thank you.
Ms. Nakamura: Three (3) additional minutes.
Mr. Taylor: Thank you. I just hope that you will move
forward your Resolution to investigate what is going on and let us get on with it.
Thank you.
Ms. Nakamura: Thank you. Any questions for Ken? Would
anyone else like to testify? Then we are going to call the meeting back to order here
and discussion?
There being no objections, the meeting was called back to order, and
proceeded as follows:
Ms. Yukimura: I guess Vice Chair, we should defer item
C 2013-182 and then do we move on a Special Council Meeting on the 5th?
Ms. Nakamura: Could someone make that motion?
Mr. Rapozo: After discussion?
Ms. Yukimura: Yes.
Ms. Nakamura: Councilmember Hooser.
Mr. Hooser: Yes. I think on the other hand it is a
reasonable request from the County Attorney to request that they brief on us on the
legal implications prior to open discussion, on the one hand. On the other hand, like
I had mentioned before, the County is always being sued and if this is a path that we
cannot talk about something on a regular basis then we cannot talk about anything
down the road. What I can see coming is that on the 12th, we are going to be
cautioned doing a 3.17 investigation because of pending litigation and therefore we
better not do this because it is going to impact the County. I thank Ken for your
COUNCIL MEETING 60 MAY 22, 2013
testimony because it really reflects a lot of what I am thinking. This is very sad that
we are in a situation where we cannot even talk to the Planning Director on an issue
that is on the front burner of our community because we are afraid of what they say
might hurt us in Court. I understand it is a reality of the legal system. But it kind
of begs the question of who do we represent? Is our primary concern protecting the
County from litigation, protecting the County from lawsuits or is it seeking truths
or is it protecting the citizens and voters of this County? I have not had a chance to
think that through today. It is a complicated question because the voters and the
citizens will have to pay those lawsuits. But at the same time, it just seems like
something big is out of whack in this County and whether we have a County
Manager or not, I believe the top Administrator of the County is responsible and we
should ask the Mayor to come forward and take responsibility and brief us in future
as well. It is very disappointing. Again, it can extend to every single thing we do
where we come up here and we are told we cannot ask questions because there is
pending litigations. I will support the deferral when the motion has been made and
look forward to working through these issues. Thank you. Thank you, Chair.
Ms. Nakamura: Before you speak, Councilmember Rapozo, it
is also been suggested that we receive this item, so that it can be reposted. So, that
is another option available to this body.
Mr. Rapozo: Thank you, Madame Chair. My grandmother
used to tell me long ago, "you make your bed, you sleep in it" and what has happened
today is going to negatively impact not just the Planning Department, the County
Attorney's Office, but this body as well. This body is the legislative body. This
invitation, this request to have the Planning Director here is not an RSVP invitation.
It is not. You come. You come here. You do not use the County Attorney and use
the County Attorney as an excuse and say, I am not going come because the Attorney
said I cannot answer your questions. You do not even know what the questions are.
This posting and I would agree, although I compromised to recommending an
amendment, I agree with Councilmember Hooser that this posting is fine and talks
nothing about 3.17. It is fine. It talks about nothing about any of the specific TMKs
that were we looking at investigating. This is about going forward. It is clear to me,
and to many other watching and this is just my opinion, that the Administration has
decided to say, let us do damage control and let us just not give anyone an
opportunity to expose more. That is what it is. It is clear. It is plain. I agree with
Mr. Hooser, whether it is a County Manager or Mayor, it does not matter. It is some
big problems and granted there had is litigation out there, granted there is lawsuits,
and granted there will be more. Maybe the investigation may generate even more.
But what makes it clear today and I hope my colleagues would agree that the 3.17
investigation is necessary. This problem is bigger I think is bigger than what we all
even imagine and maybe people say I am exaggerating. But I almost hate to say it,
but I really expected this type of activity or action from the Administration because I
realize this is where it becomes serious, this is where it becomes real for them. This
is where the expose will occur. This is where we will find out once and for all, what
really went wrong because we know one thing, it is wrong. We know one thing. We
know that many of these properties out there that are permitted, should never have
been permitted and we will never, ever, ever get to the bottom of it unless we do an
investigation. I am glad for that. At least I am hoping that most of you or all of you
will agree this just clarifies the necessity to go forward with the investigation and
this nonsense of inviting them here and them saying we are not coming. I do not
think that has ever happened, really where a Department Head just never showed
up. That is their prerogative. But I am glad that the public gets to watch this so
they can see because it bothers me, Madame Chair. It bothers me tremendously that
COUNCIL MEETING 61 MAY 22, 2013
this body would be disrespected like that. To just say that I am not going, I am
afraid. I do not want to face them. You are a Department Head and that is part of
your job, is to respond to this body. Not to take orders from this body, but to respond
and that has been ignored today. It is one of those things that you write down in
your book of things to remember because hopefully it will not happen again. I do not
want to see a trend starting with this Council and we are just going to say, fine, we
are going to reschedule. No. You come here. Recess this meeting until he shows up.
That is how the Council would enforce or utilize its authority. Say we will recess, we
come back tomorrow morning, we will come back every morning until he decides to
show up. Bring your Attorney or whoever. But for us to accommodate that by
saying we will take a week or two (2) or three (3) and tell you what you folks need to
know in Executive Session and then in the meanwhile the public gets left out of all of
it. What is your plan? When is it going to happen? Without going into the issues of
litigation, just what is your plan going forward? I will not be supporting the
deferral. For me, if I was the Chair, I would recess the Council until he shows up
and it could be tomorrow, it could be Friday, could be next week Monday. We do not
have to meet only on Wednesdays. The longer he stays out, we sit in recess. That is
what I would do. But I am not the Chair. Thank you.
Ms. Nakamura: Councilmember Yukimura.
Ms. Yukimura: As you saw I too was very bothered the way
the Administration has been responding to our requests. It is both disrespectful and
not very diplomatic. I do understand however, that if there are certain TVR issues
under investigation, if our goal and it is my goal to see that these be brought to
proper prosecution or resolution that we need to respect the investigative process. I
wish that had been just said upfront at the very first meeting when the Planning
Director came to talk to us. He should have said, indeed, as evidence of the work we
are doing we have certain things under investigation and we will not be able to talk
about them. But we want you to know that we are working on this. But we did not
get any clarity like that. If that had been the case, we could have drawn the lines
very clearly and said, we will talk about things that are not. I believe a briefing can
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help us in terms of how we craft the questions for open session because we have a
responsibility to respect the investigative process. But why did people not just tell
us all of this upfront, give us a briefing upfront and then we could have had an
orderly discussion. So, because the way that it has been handled, it looks like there
are things that are being hidden. There are no clear and direct answers to our
questions and it upsets everyone, the Council and the public. I hope that the Mayor,
the Managing Director, the Planning Director, the County Attorney, and the
Prosecuting Attorney will all get together and give us a clear, orderly way to handle
this in respectful response to our legitimate inquiry. In terms of what to do now, I
think this briefing makes sense, the briefing by the County Attorney, so we should
have that as soon as possible. I will do my part to schedule a separate briefing since
I will not be here. Then I think we need to proceed on these issues and I think there
has been terrible delay because there has been terrible response from the
Administration.
Ms. Nakamura: Councilmember Rapozo.
Mr. Rapozo: I just want to take off on what
Councilmember Hooser said earlier. What is really our job? Our job is to protect a
myriad of things besides obviously the County. But more importantly our job is to
protect the people, our resources, natural resources, beaches, and all of that. Our job
is not to protect the mistakes, if you will, or the oversight or whatever happened
COUNCIL MEETING 62 MAY 22, 2013
which we do not know. Our job is not to protect the Administration for that. Our job
is to get to the truth as you just stated, Councilmember Yukimura. That is our
function. These delays that you talk about and I want to bring it up because it is
vital and I wish Mr. Bynum were here. When we get to the 3.17 investigation and
this is a process comment so I believe it applies. If we stick with the Committee, you
look how long it takes, Councilmember Yukimura, just to get to this item because it
was mis-posted it will take us a whole other week, whereby, if you had a Committee
of three (3), you could get it down tomorrow. You could get this done of Friday, as
soon as possible you could get it done. I just wanted to bring that up for the
members that are considering that amendment. The time is of the essence and every
day we prolong this, it will make it more difficult and more difficult and more
difficult for the investigator should he be retained. Thank you.
Ms. Nakamura: Yes.
Ms. Yukimura: I want to say though that the only people that
can bring the TVR issue to prosecution or to revocation is not us. We do not have
that power. We need to support any investigation that is ongoing because it is my
goal and I think it is everybody's goal to have that kind of proper enforcement. We
cannot enforce. We might be able to uncover different problems and Sunshine
focused attention on this. But it is not going to get us to the revocation or the
prosecution because that is not within our power. To the extent that the
Administration has begun to move on something that we want to happen, we need to
make sure that we do not mess it up and make sure that if there is any way that we
can, we do support it. As you can hear, I am very upset with the way the
Administration has responded, but I also want to support them in doing the right
thing.
Ms. Nakamura: Is there a motion to either defer or receive?
Mr. Watanabe: We have a pending motion to receive on the
floor.
Ms. Nakamura: Pending motion to receive by whom?
Mr. Watanabe: Yes, we do.
Mr. Rapozo: I made the motion to receive to get it on the
floor so we can have the discussion.
Mr. Watanabe: Seconded by yourself.
Ms. Nakamura: Thank you. So, we have a motion to receive
and seconded.
Ms. Yukimura: Are we assuming then that it will be reposted
June 5th.
Ms. Nakamura: On June 5th.
Mr. Watanabe: On June 5th for Special Council Meeting.
Ms. Yukimura: And it will be posted with an Executive
Session counterpart, right?
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COUNCIL MEETING 63 MAY 22, 2013
Mr. Watanabe: Yes.
Ms. Nakamura: That is good. Thank you for clarifying that
we need both postings.
Ms. Yukimura: If I may.
Ms. Nakamura: Sure.
Ms. Yukimura: I do want to say several meetings ago when
we have a TVR issue we should have an Executive Session counterpart and that has
not been happening. So, I would like to reinforce that request.
Ms. Nakamura: Thank you for making that request. I
remember you doing that and I think there was an error this time. Councilmember
Rapozo.
Mr. Rapozo: Just because I made the motion does not
mean I am going to support it and I am not going to support it. It is parliamentary
rules that you need a motion to get it on the floor that and that is what I did. I
thought we were going to have the discussion and apparently we are not. Like I
said, you heard my suggestion. So, I will not be supporting the motion to receive. I
would like to have that dialogue within this meeting. But we will let the votes fall
where they fall.
Ms. Nakamura: Councilmember Hooser.
Mr. Hooser: I have a process question. If there is a motion
to receive and it ties, does it just stay on the agenda?
Mr. Rapozo: It will be automatically deferred?
Mr. Hooser: To the next Council Meeting?
Ms. Nakamura: It would be the first item on the next meeting.
Mr. Rapozo: The next business of the day.
Mr. Hooser: Which is what day?
Ms. Yukimura: June 12th.
Mr. Rapozo: Fourteen (14) days from today.
Mr. Hooser: So, it will be on the 12th, the same day as the
other item?
Ms. Yukimura; But I mean, I think the Chair on his own
initiative could also call a Special Meeting on the 5th and post it.
Mr. Rapozo: Not if it is a tie. We do not have that luxury.
That automatically is placed as the first order of the day. But I am not sure, because
the Chair is still here. Does his absence, is it a silent vote?
COUNCIL MEETING 64 MAY 22, 2013
Mr. Watanabe: No, he excused himself.
Mr. Rapozo: So, that is what would happen. We do not
have the flexibility of moving it.
Mr. Hooser: If I may? It is my understanding that the
intent of the Chair is to schedule an Executive Session for Special Council Meeting
on the 5th dealing with the TVR issue as what was described by the County
Attorney's Office, right, that is correct? This item is a separate item, as it stands
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now it is a separate item that we are discussing receiving or deserving, right? The
agenda item that we are talking about is not — that is correct?
Ms. Nakamura: It is an open session discussion?
Mr. Hooser: Right. The question is do we receive it which
takes it off the agenda period whether we do nothing then it would automatically roll
over to the 12th which is I the same day as the 3.17 issue which would require the
Planning Director and related persons to attend on that day anyway, I think. I am
not sure if it makes much a difference which way we go with it because either way
we look at it on the 12th we will be discusses discussing it and on the 5th as well. My
general feeling and then I will stop talking, we talked about this enough, is that it
feels like the Administration is just seeking to delay action, delay conversation,
delay debate, and covering their okoles, if you will, and that is troubling. It has been
like that since I have been back on the Council. It seems like on this issue, we have
not gotten straight answers. We have gotten talking in circles, it seems like. I will
have to wait for the vote to be called to decide how I am going to vote on this. Thank
you.
Ms. Nakamura: The motion is to receive. It has been seconded. Any
further discussion? If not, can we just do a roll call vote?
The motion to receive C 2013-182 for the record was then put, and carried by
the following vote:
FOR RECEIPT: Nakamura, Yukimura TOTAL — 2,
AGAINST RECEIPT: Rapozo TOTAL — 1,
SILENT & NOT VOTING: Hooser TOTAL — 1,
EXCUSED & NOT VOTING: Bynum, Kagawa, Furfaro TOTAL— 3,
RECUSED & NOT VOTING: None TOTAL— 0.
Mr. Watanabe: 3:1, ayes.
Ms. Nakamura: Again, the understanding that there would be
a Special Council Meeting on June 5th.
Mr. Watanabe: Yes.
Ms. Nakamura: There will be an open session, as well as
Executive Session.
Mr. Watanabe: Yes. That was part of the motion.
COUNCIL MEETING 65 MAY 22, 2013
Ms. Nakamura: And that we will get the materials from the
County Attorney ahead of time. Thank you very much.
Mr. Rapozo: I think we need to go to lunch.
Ms. Nakamura: We need to go to lunch. But one thing that
staff asked us to do is receive ES-637, the item that was not supposed to be posted
today.
EXECUTIVE SESSION:
There being no objections, ES-637 was taken out of order.
ES-637 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 on implementation of Bill No. 2439 relating to
Planning Department civil fine authority and methods of investigations and related
matters to address questions related to levying and collecting civil fines pursuant to
Hawai`i Revised Statutes Section 46-1.5. 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: Mr. Rapozo moved to
receive ES-637 for the record in open session, seconded by Ms. Yukimura, and
unanimously carried.
Ms. Nakamura: This meeting is now in recess.
There being no objections, the Council recessed at 12:50 p.m.
There being no objections, the Council reconvened at 2:00 p.m., and proceeded
as follows:
Chair Furfaro: Aloha, everyone and we are back in session.
Just for general information, Mr. Rapozo had an emergency that he needs to attend
to at lunchtime and he will possibly be joining us again later today. Now new item,
please, Rick.
C 2013-195 Communication (05/07/2013) from the Hawaii State Association
of Counties (HSAC) President Mel Rapozo, transmitting for Council approval the
slate of officers for the Executive Committee for HSAC and Board of Directors for the
National Association of Counties (NACo) and the Western Interstate Region (WIR)
for Fiscal Year 2013-2014, pursuant to Section 5 of the Bylaws of the Hawai`i State
Association of Counties, Inc: Ms. Yukimura moved to approve C 2013-195, seconded
by Mr. Hooser.
Chair Furfaro: I am going to suspend the rules if there is
anyone here that wants to testify on this item.
There being no objections, the rules were suspended to take public testimony.
There being no one present to give testimony, the meeting was called back to
order, and proceeded as follows:
COUNCIL MEETING 66 MAY 22, 2013
Chair Furfaro: Seeing no one, we have four (4) individuals
here for a quorum to take a vote on this. We need three (3) of the four to confirm the
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communication. All those in favor, signify by saying aye?
The motion to approve C 2013-195 was then put, and unanimously carried by
a 4:0:3 vote (Councilmembers Bynum, Kagawa, and Rapozo were excused).
Chair Furfaro: This passes 4:0. Let us go to the next item.
C 2013-196 Communication (05/08/2013) from Thomas Takatsuki, the
Human Resources Manager, transmittin g for Council information the list of all
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vacant positions for the County of Kauai as of March 31, 2013: Ms. Nakamura
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moved to receive C 2013-196 for the record, seconded by Mr. Hooser.
Chair Furfaro: Thank you. Everybody has been provided
with the list? Anyone who wants to give testimony? The meeting is still in session.
The motion to receive C 2013-196 for the record was then put, and
unanimously carried.
Mr. Watanabe: Council Chair, we will be moving 2013-197,
C 2013-198 and C 2013-199 to after the Executive Sessions which brings us to page 4
under Legal Documents.
C 2013-201 Communication (05/01/2013) from the Executive on
Transportation, recommending Council approval of a Right of Entry Agreement with
Moloa`a Bay Hui II to provide a safe turn situated at 6020 Ko`olau Road, Anahola
(TMK: 4-9-009-009), for the Kaua`i Bus at the Moloa`a Bus Stop.
• Right of Entry Agreement
Ms. Yukimura moved to approve C 2013-201, seconded by Ms. Nakamura.
Chair Furfaro: I have a motion and a second. Anyone
wishing to testify? I do want to make one comment. I will be voting to support this
but the way the existing turn is, it is actually a design that is to slow traffic. If we
broaden this or enhance the turn, as suggested, we need to recognize there was a
design here for the purpose of slowing traffic in its current configuration.
The motion to approve C 2013-201 was then put, and unanimously carried.
Chair Furfaro: Four (4) ayes, okay. Next item, please.
CLAIMS:
C 2013-204 Communication (05/03/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Emily Ramos, for damage
to her vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i:
Ms. Yukimura moved to refer C 2013-204 to the County Attorney's Office for
disposition/report back to the Council, seconded by Ms. Nakamura, and unanimously
carried.
Chair Furfaro: Any discussion here? Anyone from the audience?
COUNCIL MEETING 67 MAY 22, 2013
C 2013-205 Communication (05/06/2013) from the Deputy County
Clerk, transmitting a claim filed against the County of Kaua`i by State Farm
Insurance, as subrogee for Joy Buccat, for damages to her vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i: Ms. Yukimura moved to refer
C 2013-205 to the County Attorney's Office for disposition/report back to the Council,
seconded by Ms. Nakamura, and unanimously carried.
C 2013-206 Communication (05/06/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Enterprise Holdings, for
damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i:
Ms. Yukimura moved to refer C 2013-206 to the County Attorney's Office for
disposition/report back to the Council, seconded by Ms. Nakamura, and unanimously
carried.
C 2013-207 Communication (05/09/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kauai by Stanley Tomacder, for
damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i:
Ms. Yukimura moved to refer C 2013-207 to the County Attorney's Office for
disposition/report back to the Council, seconded by Ms. Nakamura, and unanimously
carried.
(Mr. Kagawa was noted as present at 2:05 p.m.)
COMMITTEE REPORTS:
PUBLIC WORKS / PARKS & RECREATION COMMITTEE:
A report (No. CR-PWPR 2013-16) submitted by the Public Works / Parks &
Recreation Committee, recommending that the following be approved:
"Resolution No. 2013-54 — RESOLUTION ESTABLISHING STOP SIGNS
AND STOP LINES ON OLOHENA ROAD AT ITS INTERSECTION WITH
KA`APUNI ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI,"
Mr. Kagawa moved for approval of the report, seconded by Mr. Hooser.
Chair Furfaro: Discussion? Any comments? Seeing no one, I
cannot see your finger behind the chair. Glenn, I am sorry come right up.
There being no objections, the rules were suspended.
Mr. Mickens: It is the Resolution on the next page, should I
wait for that?
Chair Furfaro: You want to testify on the Olohena Road?
Mr. Mickens: Right.
Chair Furfaro: You can give testimony now. There is nothing
that prevents you to speak on the Resolution.
Mr. Mickens: Thank you, Jay.
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COUNCIL MEETING 68 MAY 22, 2013
Chair Furfaro: But let me clarify that. The Officer from the
Public Works Department is here, but this is out of Committee as approved.
Mr. Mickens: Right.
Chair Furfaro: They made their presentation. If we have
additional questions, I will certainly bring him up.
Mr. Mickens: Then I will go ahead and read my testimony
now, if it is okay with you? Thank you. I still strongly oppose — you have a copy of
my testimony for two (2) stop signs at the Olohena/Ka'apuni/Kaehulua intersection
will create more problems and accidents that has ever happened in the sixty (60)
years or more that the intersection has been in use. Joe Rosa, who has the
experience and expertise to know what he is talking about made one of the most
compelling arguments against these stop signs. He said you do not put stop signs on
a major thoroughfare and Olohena is such a road from its beginning at the
roundabout to its end upper Waipouli trail (inaudible), there are no stop signs on it.
There are six (6) exactly, six (6) roads that interact Olohena. I find it extremely
ironic that neither stop signs, nor mention of accidents have ever been mentioned in
the many years that this intersection has been active. Only when Lyle Tabata
mentioned that the Mayor had a close call was the hot button pushed to put up stop
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signs. Why were our Police and Engineers not ever concerned for sixty (60) or more
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years and only about safet d l now react due to what I consider a political complaint?
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Why are we going to "ready, fire, aim" again when the public was never notified
about this action any check with them will prove they are upset to think this major
action will take lace. I have spoken to friends and neighbors in the area who use
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that intersection on a daily basis and they are furious to know that it is been done
without their knowledge or consent. I gave you two (2) names of two (2) very
credible people who work for the County and have a plan to make the intersection
safer without stop signs and hope that you did get in touch with them and listen to
their solution which was very simple. But even thinking about coming up that
Olohena grade there, and with the stop sign at the top of it and backing cars u
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there, especially stick shift cars, trucks and trailers coming up that road would be a
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disaster waiting to happen. Again, Olohena is still designated as Highway 581. I
think the State used to own it. I think they have turned it over to the County. But
on all the maps and everything, it is still designated as 581. Again, you do not put
stop signs on a major thoroughfare which is what they are proposing to do at this
stage in the game. Again, my biggest concern is why? Why at this stage in the
game? Possibly our Officer can answer that question. I know of no serious accidents
that have been happening on that road, but maybe you can tell us more. I would be
happy to answers question. I know I use that on a daily basis and I am sure all of
you know where it is. You have got the map here.
Mr. Watanabe: Three (3) minutes.
Mr. Mickens: Thank you, Jay.
Chair Furfaro: Mr. Kagawa, do you want the floor? Go
ahead.
Mr. Kagawa: You have talked to obviously and helped
spread the word of what is coming and we have received many E-mails and I
appreciate that. I would have hoped that Public Works would have maybe talked to
the Wailua Homesteads Neighborhood Board...
COUNCIL MEETING 69 MAY 22, 2013
Mr. Mickens: Right.
Mr. Kagawa: ...and so forth. But they did not and you are
kind of being the communicator. What do you think is the bigger issue with a lot of
the residents? They are saying it is going to become more dangerous. Do you think
it is going to become more dangerous or it is going to become more inconvenient,
being that they have to stop on a main thoroughfare? What do you think is the
bigger issue why the community is really uprising?
Mr. Mickens: Well, it is more inconvenient, that is true.
But I think the danger part of it.
Mr. Kagawa: Honestly, it is either one or the other or
maybe it is a tie.
Mr. Mickens: If you put four (4) stop signs up there now, if
you have four (4) people coming at the same time, which is not really likely...
Mr. Kagawa: Three (3) stop signs.
Mr. Mickens: No four (4). The will be one (1) eastbound and
westbound Olohena and one (1) from Ka'apuni and then one (1) coming off that
other.
Mr. Kagawa: Continue.
Mr. Mickens: So there are four (4) and with cars stopping
there, there is always going to be the chance of when a car is going to pull up, he is
going to think that he has the right-of-way and they are going to come out here. I
think it just increases the chance of an accident happening there.
Mr. Kagawa: You answered my question. The other
question, Glenn, even if we do clearing of the bush do you not think that just the
turn of the bend of the road makes it almost impossible to make is safe. In the past
there was that glass. The removal of that glass really made it more dangerous,
right?
Mr. Mickens: I agree.
Mr. Kagawa: When Ka'apuni Road lost that mirror which
is not Federally Highway approved safety. But it made it safer for drivers, drivers in
the Kapa'a area. I think they would agree that once the mirror disappeared, pulling
left on Olohena became hazardous and that is why Public Works came up with this.
Do you think replacing the mirror would be an option?
Mr. Mickens: Definitely, that could help. But I think the
other plan that the two (2) County workers that I talked to have, grading that
hillside. There is one (1) little puka or bend out in the road going down Olohena or
coming up Olohena, either way there is little bend there. If that stop sign, they have
moved it back. If you have been to the intersection, you will see where the thing
used to be. When the mirror was there, they have a stop out there. If it comes
around there and grade the hillside which is no big deal what the workers told me,
you would have a complete sight down Olohena now, no problem. When you stop
COUNCIL MEETING 70 MAY 22, 2013
there, you would be able to see any cars that are coming up Olohena and that along
with they can put the mirror there if they want to, absolutely. They are going to
shoot the thing up probably.
Mr. Kagawa: In closing, I think you have helped to bring
this to light. We got unanimous approval last time because when Public Works and
the Police tell us safety, right?
Mr. Mickens: Right.
Mr. Kagawa: We do not want to — like Mr. Hooser so
eloquently put it, it puts us in you a tough spot. We are the voting members and we
are getting recommendations from the people who implement and who investigate
and they are telling us that it is going to make it safer. Please let the community
now that it is not a political thing. We are not trying to dictate to the resident that it
is better. We have glass that got shot out and the County is just trying to do the best
thing. But if the residents do not want it, obviously, we have to make up our minds
today.
Mr. Mickens: Ross, like you said, why did not they put the
mirror back up again? Thank you.
Chair Furfaro: Thank you, Glenn. Mr. Rosa.
Mr. Rosa: I am just going to add a little to my testimony
from last week. I looked it over and thought it over and like I said, I have to go
against what was said by Public Works. Right now, maybe that road Ka'apuni Road
is busy because of the school there, because people that are going to bring their
children into the middle school there from the upper Homesteads will take that road
to drop off their children. After this month, for the summer months, it is probably
going to be slow. Before they ever try to think about doing something, why do they
not take a traffic count at the intersection and get a vehicle count at the peak times
where it is the most dangerous? You could tell because under those traffic count
surveys — I worked with traffic count surveys with the Honolulu people when they
come here. They can give you the hourly break down of cars and you probably be in
the early morning and the mid afternoon when parents go pick up kids and drop off
kids. I just had a talk with a prominent homesteader that uses Olohena Road all the
time he was go tossing high school and he said he never did stop once in a life on
Olohena Road. He said why now? I said that is a good reason that I would like to
know myself. You do not put a stop sign on a major thoroughfare, like I just said. It
is in the roadmaps of Kaua`i. All your tourist destination maps, Olohena Road is
referred to as 581 and when the State put on all of those — I used to call them taro
leaf route markers on Kamalu Road, put on 580 from the Coco Palms all the way to
the university experiment station and right at Kamalu Road where the century store
is, we had a sign saying to Route 581 which is Olohena Road. So, that tells you that
Olohena a major thoroughfare and it is going to look ridiculous to put a stop sign on
Olohena Road. Like I just said, it is from the citizens from Kapahi use it all the time
to go to school and he said up until today, he has not stopped on Olohena Road.
After you take a traffic count and you are going to see the peak time, right now it is
going to be the school days from 7:30 a.m. probably to 8:30 a.m. and again from
1:30 p.m. to probably 3:00 p.m. that parents are going to use Ka'apuni Road. So,
those are the kinds of things to look into. If you make a study, a thorough study,
which I do not think the Engineering Department did make a thorough study
because in DOT we do something. We sit down there one (1) or two (2) weeks. We
COUNCIL MEETING 71 MAY 22, 2013
take manual counts and we take individual counts. We can give you a breakdown of
anything. I think it is something that Public Works should look into and make other
corrections other than to put a stop sign on Olohena Road. Like as I said, continue
the double solid line from Kapa'a into Olohena Road, that would define that Olohena
is a major thoroughfare and create a side view from Ka'apuni Road looking down to
Olohena Road, that should solve should the problem there and make it less — if it is
dangerous, why you install an overhead traffic light so the people can see that
intersection, if it is that dangerous? That is all "b" all I have to say and I will save
some for my later testimony. Thank you.
Chair Furfaro: Thank you, Joe. Anybody else who would like
to testify on the item? Public Works and Police Department, when we get to the
Resolution, that is when I will ask you to come up. This is the Committee report.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Mr. Watanabe: Yes. We have a motion to approve and second
for the Committee Report.
Chair Furfaro: We do have it.
Mr. Watanabe: Yes, motion and a second. We just have to
call for the vote.
The motion for approval of the report was then put, and carried by a 5:0:2 vote
(Mr. Bynum and Mr. Rapozo was noted as excused).
ECONOMIC DEVELOPMENT (SUSTAINABILITY / AGRICULTURE / FOOD /
ENERGY) & INTERGOVERNMENTAL RELATIONS COMMITTEE:
A report (No. CR-EDR 2013-01) submitted by the Economic Development
(Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations
Committee, recommending that the following be received for the record:
"EDR 2013-01 Communication (04/03/2013) from Council Chair Furfaro,
requesting the presence of the Administration to discuss the process for
tracking legislative measures at the State Legislature,"
Mr. Hooser moved for approval of the report, seconded by Ms. Yukimura.
Chair Furfaro: Anybody wishing to testify on this item?
Seeing no one, I would like to call for a vote on the approval. Any further
commentary from Councilmembers?
The motion for approval of the report was then put, and carried by a 5:0:2 vote
(Mr. Bynum and Mr. Rapozo was noted as excused).
RESOLUTION:
Resolution No. 2013-54 — RESOLUTION ESTABLISHING STOP SIGNS
AND STOP LINES ON OLOHENA ROAD AT ITS INTERSECTION WITH
KA`APUNI ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI: Ms. Yukimura
moved for adoption of Resolution No. 2013-54, seconded by Ms. Nakamura.
COUNCIL MEETING 72 MAY 22, 2013
Chair Furfaro: May I suspend the rules and ask Engineering
and the Police Department to please come up?
There being no objections, the rules were suspended.
Chair Furfaro: Gentlemen may I ask you to introduce
yourselves?
LYLE TABATA, Deputy County Engineer: Lyle Tabata, Deputy
County Engineer, Chair, members of the Council.
ALEJANDRE QUIBILAN, Assistant Chief: Good afternoon, Chair.
Ale Quibilan, Assistant Chief, Kauai Police Department.
Chair Furfaro: May I just query, is there a traffic study on
these merging roads, has one been done?
Mr. Tabata: We have not completed one in recent months
or within the last year that I know of. But that will be part of the study when we do
create the Capital Improvement Project (CIP) project to look at the reconfiguration of
this intersection.
Chair Furfaro: Ale, do you have any counts for us to tell me
how many "fender benders" or accidents we have had there?
Mr. Quibilan: Yes, Chair. This morning we pulled some
numbers here. Between 2008 through May 15, 2013, we are looking on Olohena
Road at the Ka'apuni junction, we are averaging between two (2) and four (4) traffic
crashes a year within that time period. Then on Ka'apuni Road at the Olohena
Road junction, we are looking at two (2) to three (3) traffic crashes a year between
2008 and May 15, 2013. Of those numbers, roughly about forty percent (40%) were
considered major which means either they were some injuries involved or extensive
damage to the vehicle, no fatalities.
Chair Furfaro: So between the two (2), we are averaging
between four (4) and seven (7) between the two (2) roads?
Mr. Quibilan: At that area, at the juncture.
Chair Furfaro: Per year?
Mr. Quibilan: Yes.
Chair Furfaro: Members, any questions? Mr. Kagawa.
Mr. Kagawa: Lyle, I forgot the date. When was the mirror
shot out?
Mr. Tabata: I do not have that. But it was some time in
2012.
Mr. Kagawa: 2012, maybe later part? November?
COUNCIL MEETING 73 MAY 22, 2013
Mr. Tabata: I have several community requests to replace
the mirror.
Mr. Kagawa: That is okay.
Mr. Tabata: Going back I guess July was the first one.
Mr. Kagawa: The mirror has been gone, if it went out in
June, maybe a year it is been out?
Mr. Tabata: Yes.
Mr. Kagawa: Shot out. If by chance this Resolution did not
pass, would it be difficult for us to replace the mirror?
Mr. Tabata: County Engineer has determined that since it
is not an approved MUTC device, our recommendation is not to reinstall a mirror
because of liability issues to the County.
Mr. Kagawa: You know that we have one. If you look
behind the dump road, in Kapa'a leading up to Laipo, we have a mirror that really, I
think, saves a lot of accidents.
Mr. Tabata: If it were to be destroyed, we would not be
replacing it.
Mr. Kagawa: Our take is that we have some dangerous
hilly and bendy roads, some of which are thoroughfares, and if they are shot out then
we are deciding that we are going to establish stop signs to cure the problem
Mr. Tabata: Well, in some other areas we have put
additional traffic warning signs to designate blind curve and we have helped
neighbors reconfigure their access towards certain roads in the community. We have
had other areas where we have had mirrors and we have not replaced.
Mr. Kagawa: Because, I mean, the thing is that I am not an
Officer. I am not an Engineer. But I do know commonsense tells you when you
establish stop signs on major thoroughfares, you are going to have more rear-ended
accidents. I was just rear ended a week ago by a driver who was not attentive and
he hit me pretty hard. But I just know that that is probably one of most highly
occurring accidents is the real rear end accident and those can do some bad damage
on the body also like back injuries and whatnot that can alter your life. I am just
worried that with no left turn storage lane of left turn, or pull out merge type of lane,
that creating stop signs on a major thoroughfare like Olohena and I drive there. So,
I see the volume of traffic especially early mornings and afternoons. I am concerned
that the community could be right, that it may lead to more accidents because of the
forced stop signs and people speeding without, I guess, be aware of the speed limit. I
am just thinking that if, in fact, the Council decides that let us do a little more due
diligence and let us not approve it today. Can we get Public Works to put up the
mirror and say, we are going to do it because we know it is safer with the mirror? It
is not highway approved, but I am wondering if we are able to re-visit that option?
Mr. Tabata: At this point, no.
COUNCIL MEETING 74 MAY 22, 2013
Mr. Kagawa: Thank you.
Mr. Tabata: I would like to add that this is a stop-gap that
we are proposing after doing preliminary layout of that intersection and to tell you
the truth, what the Committee is saying is right. It is a collector road. In most
instances in collector roads, you do not create an intersection with a multiple stop.
However, in this case because of the crashes...
Chair Furfaro: Hold on to that thought because we need to do
a tape change. Five minutes (5), B.C.? Five (5) minutes for a tape change.
There being no objections, the Council recessed at 2:29 p.m.
There being no objections, the Council reconvened at 2:33 p.m., and proceeded
as follows:
Chair Furfaro: We are back in session. You were responding
and I will give you back the floor. Go ahead.
Mr. Tabata: Thank ou as I was saying that with the
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reports from the community our Engineering Division went out as well as our Roads
Division, along with myself and we looked at multiple opportunities that we could
complete as quick fixes. So, creating the multiple stop was the fastest way for us to
address this issue while we then take the time to adequately study the entire
situation which includes the traffic studies and the geometry of the area and as I
mentioned earlier, may include a possible land acquisition requirement.
Mr. Kagawa: If I can, just one follow-up? I guess maybe
this is for Ale. Ale, we had, I think, three (3) accidents in 2012, three (3) accidents in
2011, do you think that if we adopt the Resolution, do you think we can expect at
accidents or do you think it will go down from three (3)? I know it is hard to tell,
rubbing a crystal ball, but what is your guess? That it will go down or may stay the
same?
Mr. Quibilan: I think just based on the history of the
number of traffic crashes on the scene, I think we will remain steady.
Mr. Kagawa: Thank you.
Chair Furfaro: Mr. Hooser.
Mr. Hooser: I am not sure if I heard what you said. So,
the rate of accidents/crashes will remain steady probably with or without the stop
signs?
Mr. Quibilan: That is my best guess.
Mr. Hooser: If we add the stop signs, there may not be? It
is just another reason why I wonder why we have to do this if we cannot really
expect there to be no accidents or significantly less accidents. I have to say, a lot of
what drives, I think, all of us is the citizens complaints and I have gotten no
complaints at all on this. In fact nothing, but E-mails telling me do not do it from
the community members. It is really hard when the entire community is saying — I
should not say the entire community, the entire amount of E-mails and calls that I
COUNCIL MEETING 75 MAY 22, 2013
am getting are that they do not like this idea and they do not think it is necessary.
Now we are not confident it is really going to decrease the number of crashes. Are
there any interim solutions other mitigation measures such as Mr. Mickens had
talked about? At the minimum trimming the vegetation, if not grading the hillside a
little bit there. Perhaps putting warning lights, flashing lights coming up the road
to slow down or other ways that we can make the area a little bit safer without
putting a four (4) way stop at a collector road?
Mr. Tabata: As I mentioned, when we did our field
recognizance, we looked at the removal of the vegetation and what we felt was
needed to be removed was removed. We look at the grading to cut the hill further,
but that would compromise the KIUC main transmission line. So, from where we
tried to layout and we also tried to relay out the entry way from Ka'apuni to Olohena
and that created a situation where the school bus would stick out the back end into
the other oncoming lane.
Mr. Hooser: The vegetation, did the County just recently
cut that back as far as they could?
Mr. Tabata: Yes. Since we have had more
recommendation to cut further back, however, that first turn coming up Olohena
towards the intersection at Ka'apuni is a pretty covered area. I do not think it would
open it up enough especially with the speeds. The bottom line is the speed, I guess.
If people were to drive the speed limit.
Mr. Hooser: It would be okay?
Mr. Tabata: It would probably be okay. But people do not
behave so we came up with this interim measure.
Mr. Hooser: Are there any other calming devices, strips or
something that you can put on the road to reduce the speed or warning light?
Mr. Tabata: Possibly, anything is possible. We just
wanted to do something right away that we felt was the fastest cure and not saying
that we are not going to look at more opportunities.
Mr. Hooser: I understand, I appreciate the dilemma also,
and looking for other alternatives.
Mr. Tabata: I am not sure how many negative responses
you had, but on the flipside, we have had multiple positive requests.
Mr. Hooser: For whatever reason they have not called me
or sent me E-mails specific to this place. Thank you. Thank you, Chair.
Chair Furfaro: JoAnn.
Mr. Yukimura: How much would education help if you
conduct an education campaign before you institute these devices or this new
situation?
Mr. Tabata: If the Resolution is passed and we are allowed
to implement this measure, we would first off do public notice in the newspaper and
COUNCIL MEETING 76 MAY 22, 2013
then post electronic warning signs of the impending traffic change, and then part of
it was to install the stop signs and in addition after the last few meetings, we also
intend to install stop ahead signs in advance of the stop.
Ms. Yukimura: Are those electronic signs?
Mr. Tabata: No.
Ms. Yukimura: Following up on Councilmember Hooser's
question, what if were to put speed tables or speed humps before you even initiate
the stop?
Mr. Tabata: So, that is another device that is not
recommended for a major collector. In fact, as part of the Traffic Code not to install
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these type of speed control devices on a collector road.
Ms. Yukimura: But if speed is a problem and these devices
can slow cars down and you would do it with all the other signs that are forecasting
the coming of a stop, would that help as an educational effort?
Mr. Tabata: Well, we would have to work with our
emergency service groups, the Fire Department, the ambulance, and so forth
because those impede their ability to respond.
Mr. Hooser: Follow-up.
Mr. Tabata: But there are other devices that we can
investigate.
Ms. Yukimura: There are other devices?
Mr. Tabata: Well, I think at the Po`ipu charrette you saw
some.
Ms. Yukimura: Can you suggest some of them that would be
applicable here?
Mr. Tabata: There is additional striping that can be to
initiate the allusion of narrowing of roads and so forth.
Ms. Yukimura: I know Councilmember Hooser has a
follow-up, but just to finish the series, you could put in those devices and then do
traffic counts or speed observations or something to see whether those are slowing
people down as preparation for the four (4) way stop?
Mr. Tabata: We would have to investigate the options.
Mr. Hooser: Just a brief follow-up.
Chair Furfaro: Yes, go ahead Mr. Hooser.
Mr. Hooser: The traffic-calming devices I was thinking of
was not a speed hump but more like a rumble strip, just a noise making that does
COUNCIL MEETING 77 MAY 22, 2013
not slow anybody. It will not slow an ambulance down. Are you familiar with what I
am talking about?
Mr. Tabata: Yes.
Mr. Hooser: It seems like I have seen those on major
highways. It just kind of make noise and those are not allowed on collector roads? I
could see a speed bump not being allowed.
Mr. Tabata: I need to follow-up. But the areas that I do
know of that they have been installed were quickly removed because of the noise
that it created and it disturbed neighborhoods.
Mr. Hooser: Right. I was just trying to determine whether
they are allowed on collector roads or not and I could imagine how a speed bump
would not be allowed, but these devices I would think are allowed. That was the
question, I guess. Thank you.
Chair Furfaro: JoAnn and then Vice Chair Nakamura.
Ms. Yukimura: The protest is pretty vociferous from people
who use the road everyday which is why I think we are all trying to figure out what
the issue is for people. I do not think they are just trying to stop something. I think
they are genuinely concerned and I know you guys are genuinely concerned too.
There is some talk about how difficult it is to stop going uphill. I do not know if—
and stick shifts going uphill although if you know how to drive a stick shift, you
should know how to handle it because I give some honor to people who use it every
day because they are very familiar with that road. I am just wondering if you folks
have you seen the letters, and the E-mails that we have been getting?
Mr. Tabata: No. I have only received one (1) negative
E-mail.
Ms. Yukimura: Can we give them both copies so they can just
take a look and I do not know—it just seems before we do anything, we should really
listen carefully to what they are trying to say in case there are ways to address their
concerns or in case they just have some legitimate concerns that we have overlooked.
Thank you.
Chair Furfaro: Gentlemen, and to the members, we have
been twenty (20) minutes on this subject for something that came out of Committee
unanimously approved. So, if the vote turns out that you need to revisit this then
you need to come back to request to be on the Committee agenda again.
Mr. Tabata: Understood.
Chair Furfaro: I just want to remind everybody that I am
hearing things for the first time. I did not vote on the first one, but I sat through it.
I am hearing new things today that could have been part of the solution and those
are the kind of things that I share with you, that work should be done in Committee
and not with the full Council. I just want to tell you that is another option if the vote
changes at the full Council today, you will have to come back to Committee with a
request. Who else wants the floor? Go ahead, Vice Chair Nakamura.
COUNCIL MEETING 78 MAY 22, 2013
Ms. Nakamura; Thank you for being here. I wanted to ask
you about the number of accidents that have taken place between four (40) to seven
(7) a year at this intersection. Just to get a sense of comparison, is this considered
low, medium or high in terms of number of the accidents?
Mr. Quibilan: I would have to say it is a low number.
Ms. Nakamura: A low number.
Mr. Quibilan: On an annual basis, it is a low number.
Ms. Nakamura: When you say forty percent (40%) are major
accidents "major," how did you define "major" again?
Mr. Quibilan: Major accidents is defined as damages three
thousand 3 000 or more to the vehicles or if there was an injury reported in the
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traffic crash. It could be a minor thing like a sore neck.
Ms. Nakamura: So, this is not like a high priority intersection
from KPD's perspective?
Mr. Quibilan: No, it is not. We have not focused on this
intersection as being problematic.
Ms. Nakamura: This is a question for Lyle. In terms of
looking at a long-term fix, I know at one point, I thought that the thought was that if
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Kapa`a highlands ever got developed that, that would be an improvement that
the developer could be asked to assist with. But absent that, do you believe
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that the County should look at a long-term fix for this intersection?
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Mr. Tabata: Yes, we intend to. It is a collector road and it
is federally funded and we can leverage funds to accomplish this.
Ms. Nakamura: Oh, so we have access to those Federal funds?
Mr. Tabata: Yes.
Ms. Nakamura: As part of that long-term fix, that is where
you would probably do a traffic study and do a little bit more in-depth assessment?
Mr. Tabata; Yes.
Ms. Nakamura: Thank you.
Mr. Tabata: It would be funded through that project.
Ms. Nakamura: Then try and leverage the Federal funds so
that we can limit the County's contribution?
Mr. Tabata: Yes.
Ms. Nakamura: That would be great. Then this could be a
priority moving forward or it is a priority?
COUNCIL MEETING 79 MAY 22, 2013
Mr. Tabata: Safety improvement as we came to Council to
get approval for Koloa Road, are a high priority for us.
Ms. Nakamura: Thank you very much.
Chair Furfaro: JoAnn.
Ms. Yukimura: One more question because I know we said in
Committee that this is related to Safe Routes to School.
Mr. Tabata: Yes, we can connect it to that.
Ms. Yukimura: Yes, because the school is just down the way.
Would these temporary improvements that you are talking about at this point
increase safety to school? Although, I cannot imagine that the kids actually walk on
those roads to school, do they?
Mr. Tabata: Well, there is a walkway that comes from
Kapa`a town.
Ms. Yukimura: Right.
Mr. Tabata: That comes across and right at the end of the
rise, at the end of the guardrail there is a crosswalk that goes to the school. So, that
is on the opposite end, of course. I am not familiar with the students walking.
Chair Furfaro: Excuse me, Glenn and Joe, please gentlemen,
we can hear your conversation over the Engineer's conversation. Go ahead, Lyle.
Mr. Tabata: I can get our Safe Routes to School
Committee to do that — I am not sure if we completed surveys at the middle school,
but we can complete those. That will determine where the students who do walk
come from, walk and bike.
Ms. Yukimura: Well, if you just take the crosswalk that
connects the pathway down to Kapa'a Town and the school, if there is speeding
coming down the hill, then the stops arguably would slow them down before they get
to the crosswalk. So, that would be a plus for any schoolchildren who are using that
route.
Mr. Tabata: Right.
Ms. Yukimura: Otherwise, if it queues, that is I have no idea
how heavy the traffic can get, but I guess at school time it can get heavy. Would a
four (4) way stop cause a line of cars to line up down towards the crosswalk and
create complications there?
Mr. Tabata: I do not believe so because it is in the opposite
direction of the traffic flow.
Ms. Yukimura: What is in the opposite direction?
Mr. Tabata: The four (4) way stop is on the upside so the
queue would not be at the intersection.
COUNCIL MEETING 80 MAY 22, 2013
Ms. Yukimura: Why will it not be if you are going back onto...
Mr. Tabata: You mean towards the middle school?
Ms. Yukimura: No, no. If you are going back on Olohena
Road, you are going back up mauka and I do not know if there is a line that forms
backing up towards the school of the cars going up mauka, so they would be in the
right hand lane.
Mr. Tabata: They would be going beyond the school.
Ms. Yukimura: Right. So, there is not a problem with cars
lining up on a heavy school time where families are driving? They are dropping off
their kids and then turning around to go back mauka. That is not a problem?
Mr. Tabata: We do not believe so because of the distance.
Ms. Yukimura: Alright. Thank you.
Chair Furfaro: Members, I am getting ready to call for the
vote here. You have another question?
Ms. Yukimura: Well, one possibility is to defer this thing
subject to Public Works coming back with some other ideas.
Chair Furfaro: Sure. That is another possibility. But I am
just saying what my policy is. I had hope this kind of work would be done in
Committee, especially with a day like today when we have eleven (11) Executive
Sessions.
Ms. Yukimura: Right and I guess we were not aware in
Committee of all of these issues because the public E-mailed us after the Committee.
Chair Furfaro: I got the same E-mails. I understand where
you are coming from. But there was a lot of discussion that happened today that
could have happened at Committee.
Ms. Yukimura: I guess one last question.
Chair Furfaro: Go ahead, you have the floor.
Ms. Yukimura: If we do not approve this today, what would
your options be or what do you think you would do in terms of thinking it through
again or reviewing the issues and then coming back to us?
Mr. Tabata: We would have to regroup because the
multiple stop was the fastest solution for us that we looked at.
Ms. Yukimura: Will you look at things like traffic calming
prior to initiating the multiple stop?
Mr. Tabata: We will revisit the whole — yes. We will look
at all the options available to us.
COUNCIL MEETING 81 MAY 22, 2013
Ms. Yukimura: Alright. Thank you.
Chair Furfaro: To the Clerk's Office, I just want to get some
clarification. Even though we have a motion here to approve, the reality is a deferral
would certainly trump the approval. I just repeated that out loud so that all of you
know. Deferral, there will be no further discussion and it will come back in two (2)
weeks. Hopefully by then, we have had some more understanding of the problem.
You want the floor, JoAnn? I will give you the floor.
Ms. Yukimura: Well, I am just trying to think it through. We
could either defer it in two (2) weeks or defer it subject to their return with an
alternative solution or we could receive it or just not vote for it and then they would
come back at some point with a new proposal?
Chair Furfaro: And knowing it would go to Committee first
with additional solutions, recommendations, and so forth. If it is deferred there is
not any interaction time and it comes back directly to the Council in two (2) weeks.
But you would have to remove your motions if it is not a deferral or if you find
yourself voting "no" on this, it will be up to the Administration to come back after
their risks research.
Ms. Yukimura: Will there be a moment for discussion before
we vote?
Chair Furfaro: Yes, I will certainly do that. I just want to
make sure that all of the pieces are out on the table. Gentlemen, I am going to ask if
there is anymore testimony in the group. I think Joe and Glenn, I think you have
told us your point of view. I do not think there is any need to come back. I am
seeing Joe acknowledging me but I am see Glenn putting his finger up. Rules are
still suspended
Mr. Mickens: Just one thing, I would hope that Mr. Tabata
would at least — he says he had nothing but positive things to put that sign up. You
have all got copies of yours passed around. I would like to see who is for this thing.
The report that the Officer had. I think that was excellent and he said to Ross.
Chair Furfaro: We will give you a copy of the Officer's report
today.
Mr. Mickens: Good.
Chair Furfaro: We have a copy.
Mr. Mickens: But as I pointed out, he said putting stop
signs in there would not do it. JoAnn's suggestion about speed tables and speed
humps, you do not put speed tables on a major artery, that is a no-no. Who was it
talking about the rumble strip they put down? That might be a possibility. I do not
know. But for me, I guess it is the driver. It is not the intersection. Whether the
guy is speeding or drunk or whatever it happens to be, it is the driver's fault. It is
not the fault of the intersection what people are doing. You can say well put a Cop
up there continually and let the Cop monitor speeding or whatever it may be as an
alternate solution. But I do not think from the accidents and you heard the Officer
say that it was low priority as far as accidents on that particular place. I do not
think it would have to be. Anyway, thank you, Jay.
COUNCIL MEETING 82 MAY 22, 2013
Chair Furfaro: Mr. Rosa, you already told me you were not
going to speak again. Now, you are going to speak again? When I asked the
question I saw your head speaker. But you have the floor. Timer, please.
Mr. Rosa: Getting back to what I wanted to say, Jay.
You had accidents, but what kind of accidents are those? I know of people having
accidents there runnin g of f
the road. I know of people having accidents for
right-of-way violations, they do not know who has the right-of-way to go forward or
whatever what you come to a three (3) way intersection. Those are the kinds of
thing when you look into accidents to see and great a breakdown, not just go by
greatest majority. When I was with DOT and the North Shore bridges, that is what
we broke down for side swiping or two (2) car accidents or like one person said,
because of the cat came on the bridge and he tried to avoid the cats and he side
swiped the bridge. Those are the kind of things that were accidents. So, you have to
look at, like I just said. I do not think they had a complete survey of the traffic
during the school days in the morning and in the afternoon for pickup and drop-off.
Like I just said, the traffic is going to increase because people from Kapa'a said with
the middle school, the upper Kapahi Homestead people said they save time from
coming all the way down and coming up the hill to drop the kids off at school. Those
are the things to look into. Where and why it is busy? I know JoAnn has her
concerns. Maybe she cannot picture why it has more traffic from the upper
Homesteads Ka'apuni Road because there is probably more middle school kids
because of the younger generation in the upper housing in that area. Is the amount
of gas and then she is all talking about saving gas and things, sure they are going to
us Ka'apuni Road that saves them a lot of time to come down from Kawaihau Road
and come all the way up into Olohena to make the drop off. So, people are getting a
little bit smart. To me, this survey that the Engineering staff took was something
quick and fast. A Band-Aid job does not solve somebody fast and quick because of
one (1) major complaint. As I said, they had people at night over there that ran off
the road there because it is dark and maybe they did not understand to get to
Olohena Road they are speeding so they misjudged and flipped over. Those are the
things that contribute to accidents. There was no major head-on kind where death
occurred. I never heard of anybody dying from the intersection. Maybe Alejandre
can get the breakdown from because I know DOT gets all of the accident reports
before from the Police Department or State Highways. At times I had to go and file
those reports. I think your Engineering Department should do a more thorough
study on those investigations also.
Chair Furfaro: Thank you, Joe, that is your time.
Mr. Rosa: I could add a little bit more but I know, Jay
you have complaints and from what I have to say, I can give the Engineering
Department a more complete picture of work that they have to do and not just
shoving things down the public's throat. Thank you.
Chair Furfaro: Thank you. I am going to call the meeting
back to order.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Obviously, I want to acknowledge the Police
Department and the Engineering Department for their work up to this time.
COUNCIL MEETING 83 MAY 22, 2013
Certainly I heard a couple other things that dealt with also trying to find a long-term
solution. But what we have right now is a motion to approve this Resolution and I
would like to see if we have some discussion before I call for the vote? Does anybody
have further discussion? Mr. Kagawa.
Mr. Kagawa: Thank you, Mr. Chair. First of all, I would
like to thank Lyle and Ale for their recommendations. I think their
recommendations are good based on what we have. We have a situation there,
Olohena Road, it is not is your ideal thoroughfare that comes off another main room
of the Ka'apuni that tries to get there especially in that area. It is a windy, big bend,
there is a hill, there is some blockage of sight, and people occasionally fly up that
road. That is why we had something so unusual are a round mirror that was really
helpful. It was helpful for me. it was helpful for most people who got used to it. If
you use that mirror, you can clearly see whether a car is coming around that bend.
Now the mirror is gone. I am sure Lyle's guys have had Public Works, the Mayor's
Office, they have had many requests probably coming into the Office about replacing
that mirror that we all loved. However, I think Public Works has decided that let us
look for a long-term solution. Let us not put up a mirror that I guess is not Federally
approved as a safety method. To me, it is a bad road with Ka'apuni coming off it. It
should not have been that way. But we cannot turn back the clock on this. I think
we do need a long-term solution. I am just kind of concerned that Public Works or
the Administration has not talked to people like the Neighborhood Association and
tried to get them to buy into our long-term plan. Instead, I am sense something
anger and frustration that we are kind of slamming something down the
community's throat and I think it is not the case. I think if we work together with
the community, we can look for some solution where we both can work together and
come to a solution. I think that is what Glenn's folks had asked, to come and talk to
us and I think that it is really the Administration that needs to come and it talk to
you folks because they are the experts and we just approve their recommendations.
Hopefully we can come to a better solution at some point on this. But today, I am
not ready to support this Resolution. Thank you.
Chair Furfaro: Ms. Yukimura.
Ms. Yukimura: I want to commend the initiative of Deputy
Engineer Tabata and Assistant Chief Quibilan in trying to address a problem. I
know that Glenn has said, I think it was Glenn, that said it is the driver not the
road. The problem is that sometimes more than the driver is affected. Other people
are affected and so we have to make our roads as safe as possible. I see an effort
here to try to do it. But apparently there needs to be more thinking done on this
issue. I am going to be voting against it, but I hope it is my vote against it is not an
interpretation that I am against efforts to make the road safer. I am just thinking
that we need to get more public input if possible or try a few other things that will
introduce the public, the driving public, to the ultimate temporary solution of a
multiple stop. In terms of that mirror, maybe there is menehune. I know that the
County cannot put in a device like that, but maybe a good Samaritan or a
community angel can put that back up there if it was so helpful even though it is not
an official traffic device. Thank you.
Chair Furfaro: Vice Chair.
Ms. Nakamura: Again, thank you Lyle and Ale for being here
and for your presentations today. I wanted to support this but given the feedback
that we have received and give the fact that is not a high accident area, that we
COUNCIL MEETING 84 MAY 22, 2013
should probably focus our energy on that long-term fix, to do the studies, to do the
work, to communicate with the community, and then come together on what is the
long-term solution here. The other thing that I think is really important that came
out of this conversation is having a list of those high accident rate intersections
because I think going forward, that is where with should be spending our energy
and our resources. I would like ask to ask staff to prepare a communication to the
Police Department to get a current list, to kind of look back at maybe the last five
(5) years just so that we have good data that we can share with the Public Works
Department and focus on those high accident intersections.
Chair Furfaro: May I ask, would you ask that correspondence
to identify the top six (6) for us?
Ms. Nakamura: Thank would be fine. Actually, I would not
want to limit it to six (6) because if it is in one area of the island, I think I would
want a little broader reading of where those accidents are and then prioritize once
you have that list. We will leave it up to the Police Department to determine.
Thank you very much.
Chair Furfaro: Mr. Hooser, did you want to add anything
more before I call for the vote?
Mr. Hooser: No.
Chair Furfaro: My comment on the top six (6) is the reality, if
we have six (6) to fix, that is a big task and we can prioritize them. If we end up
with a list of twenty-four (24), that may never be prioritized to get to the worst. But
anyway, we will follow-up with your communication. Members, it is great to have
traffic information. Did you want to speak again, before I speak and close the vote?
The floor is yours.
Ms. Yukimura: I just want to say in terms of picking
priorities, that just the level of traffic accidents may not be the only criteria we want
to look at. The fact it is close to the school is perhaps another factor. It feels to me
like a roundabout really would help because some of the complaints are that people
have to stop, but a roundabout would help them just kee p going. But how we put
this in all the priorities, it is true, we should leave it up to Public Works. Thank you.
Chair Furfaro: Anybody else? Anyway, I just want to say
that I appreciate all the work and any accident, anywhere is one too many, quite
frankly. But we have a motion to approve. If it does not pass, the Administration's
option is to come back to the Committee with some expanded information at this
point. But let us call for the vote and see what happens. Roll call vote, please.
The motion to adopt Resolution No. 2013-54 was then put, and carried by the
following vote:
FOR ADOPTION: None TOTAL— 0,
AGAINST ADOPTION: Hooser, Kagawa, Nakamura,
Yukimura TOTAL— 4,
SILENT & NOT VOTING: Furfaro TOTAL— 1,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
COUNCIL MEETING 85 MAY 22, 2013
Ms. Fountain-Tanigawa: Five (5) noes.
Chair Furfaro: You have any silent vote is basically let us
focus on getting the work done in the Committees. But my vote goes with the
majority of the group as a silent. So, it is 5:0. Now I would like to say that...
Ms. Fountain-Tanigawa: Council Chair, we need a motion to dispose of
the Resolution so either to receive or defer.
Chair Furfaro: Can we have a motion for the disposal. By
receiving the Resolution, it is being disposed of.
Ms. Yukimura moved to receive Resolution No. 2013-54 for the record,
seconded by Ms. Nakamura, and carried by a vote of 5:0:2 (Mr. Bynum and
Mr. Rapozo excused).
Chair Furfaro: Consider it disposed. Thank you. Members,
we have Attorneys that are waiting for us. But if we can go through these Bills For
First Reading, then we have cleaned up the agenda except for those that we have to
come back to and I will ask the County Attorney to come up. So, let us go to Bills
For First Reading.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2464) — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE: Ms. Nakamura moved for passage of
Proposed Draft Bill No. 2464 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for June 26, 2013, and that it thereafter be
referred to the Planning Committee, seconded by Ms. Yukimura, and carried b
g � Y by
the following vote:
FOR PASSAGE: Hooser, Kagawa, Nakamura,
Yukimura, Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL — 2,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Five (5) ayes.
Chair Furfaro: Jade, let me note there is nobody in the public
on the last item. The two (2) gentlemen that were there, I let them speak twice.
Next item, please.
Proposed Draft Bill (No. 2483) — A BILL FOR AN ORDINANCE AMENDING
CHAPTERS 7, 8, AND 9 OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE ADJUSTMENT OF VARIOUS PERMITTING CHARGES AND
FEES LEVIED BY THE DEPARTMENT OF PLANNING (ZA-2013-4) (County of
Kaua`i, Applicant): Ms. Nakamura moved for passage of Proposed Draft
Bill No. 2483 on first reading, that it be ordered to print, that a public hearing
thereon be scheduled for June 26, 2013, and that it thereafter be referred to the
Planning Committee, seconded by Ms. Yukimura.
Chair Furfaro: We do have an amendment coming around.
COUNCIL MEETING 86 MAY 22, 2013
Ms. Nakamura: Yes, Chair, this amendment reflects an
addition from the Planning Commission. We would like to read this into the record
and circulate as amend.
Ms. Nakamura moved to amend Proposed Draft Bill No. 2483 as circulated, as
shown in the Floor Amendment which is hereto as Attachment 1, seconded by
Ms. Yukimura.
Chair Furfaro: Any questions dealing with the floor
amendment? I will call for a vote on the floor amendment first. May I?
Ms. Fountain-Tanigawa: Do you want a roll call?
Chair Furfaro: Yes.
The motion to amend Proposed Draft Bill No. 2483 was then put, and carried
by the following vote:
li FOR AMENDMENT: Hooser, Kagawa, Nakamura,
Yukimura, Furfaro TOTAL— 5,
AGAINST AMENDMENT: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Five (5) ayes on the amendment.
Chair Furfaro: Five (5) ayes on the amendment. We will go
to the item itself now.
Ms. Fountain-Tanigawa: This is Proposed Draft Bill 2483 as amended.
There is a motion to approve and second.
Ms. Nakamura moved to approve Proposed Draft Bill No. 2483, as amended,
seconded by Ms. Yukimura.
Chair Furfaro: Roll call vote, no further discussion, that is
what I was waiting for.
The motion for passage of Proposed Draft Bill No. 2483 as amended was then
put, and carried by the following vote:
FOR PASSAGE: Hooser, Kagawa, Nakamura,
Yukimura, Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL — 2,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Five (5) ayes.
Chair Furfaro: Thank you, next item.
Proposed Draft Bill (No. 2485) — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COUNCIL MEETING 87 MAY 22, 2013
PLUMBING CODE: Mr. Kagawa moved for passage of Proposed Draft Bill No. 2485
on first reading, that it be ordered to print, that a public hearing thereon be
scheduled for June 26, 2013, and that it thereafter be referred to the Public Works /
Parks & Recreation Committee, seconded by Ms. Yukimura.
Chair Furfaro: Any discussion? Let the record show that no
one is in the public audience. Lets us go with a roll call.
The motion for passage of Proposed Draft Bill No. 2485 was then put, and
carried by the following vote:
FOR PASSAGE: Hooser, Kagawa, Nakamura,
Yukimura, Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL — 2,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Five (5) ayes.
Proposed Draft Bill (No. 2486) — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 16 AND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO ABANDONED VEHICLES: Ms. Yukimura moved for passage of
Proposed Draft Bill No. 2486 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for June 26, 2013, and that it thereafter be
referred to the Environmental Services / Public Safety / Community Assistance
Committee, seconded by Mr. Kagawa.
Chair Furfaro: Discussion? If not, roll call, please.
The motion for passage of Proposed Draft Bill No. 2486 was then put, and
carried by the following vote:
FOR PASSAGE: Hooser, Kagawa, Nakamura,
Yukimura, Furfaro TOTAL — 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL — 0.
EXECUTIVE SESSION:
Chair Furfaro: As a note, we are going to Bills for Second
Reading, but Bill No. 2460 I disposed of early this morning. Now if I can have the
County Attorney up and while he is walking up. First of all, ES-634 was a scheduled
discussion if necessary about the quarterly report on claims. If there is no further
discussion on that, we could either receive or defer this one. I would prefer that we
receive it, so this is item 634. May I have a motion?
ES-634 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4),
and Kaua`i 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, discussion and consultation regarding the quarterly report
on pending and denied claims. 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: Mr. Kagawa moved to
COUNCIL MEETING 88 MAY 22, 2013
receive ES-634 for the record in open session, seconded by Ms. Nakamura, and
unanimously carried.
Chair Furfaro: The next item I would like to do the same is
ES-629 which deals with maybe some premature labor negotiations. I would like to
either defer or receive this one as well.
ES-629 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(3), and (4), and Kauai County Charter Section 3.07(E), the purpose of this
Executive Session is for the Council to address issues relating to on-going labor
negotiations and related matters and to consult with the County Attorney. This
briefing and consultation involves the consideration of the powers, duties, privile es
,
immunities, and/or liabilities of the Council and the County as they relate to this
agenda item: Ms. Nakamura moved to receive ES-629 for the record in open session,
seconded by Mr. Kagawa.
Ms. Yukimura: Chair?
Chair Furfaro: Yes, JoAnn.
Ms. Yukimura: I think I requested this and there may have
been others, but I feel like it is worthwhile to get a progress report about where
things are and what the different ramifications are.
Chair Furfaro: Then let us look to defer.
Ms. Yukimura: Yes, if that is okay.
Ms. Nakamura withdrew her motion to receive ES-629 for the record in open
session, seconded by Mr. Kagawa.
Chair Furfaro: You did not need to. If there is a deferral, it
trumps a receipt.
Mr. Kagawa: Sorry.
Ms. Yukimura: The reason why we are not having it today is
because?
Chair Furfaro: There is not any clear update on the
negotiation.
Ms. Yukimura: Right. Let us defer. But even if there is no
clear result in two (2) weeks or I guess the 12th is our next meeting, I think some
kind of briefing would be in order.
Ms. Yukimura moved to defer ES-629 in open session, seconded by
Mr. Kagawa.
Chair Furfaro: We have a second, no further discussion. All
those in favor this deferral will be for two (2) weeks. Roll call, is not necessary, but I
want one.
COUNCIL MEETING 89 MAY 22, 2013
The motion to defer ES-629 was then put, and carried by the following vote:
FOR DEFERRAL: Hooser, Kagawa, Nakamura,
Yukimura, Furfaro TOTAL— 5,
AGAINST DEFERRAL: None TOTAL — 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL — 2,
RECUSED & NOT VOTING: None TOTAL 0.
Chair Furfaro: We have five (5) ayes to defer for two (2)
weeks.
Ms. Yukimura: To the next meeting, I think it is three (3)
weeks.
Chair Furfaro: Three (3) weeks.
Ms. Fountain-Tanigawa: And that would be for written update?
Chair Furfaro: Yes. Again, because there is five (5)
Wednesdays in the month, we skip a week. So, in three (3) weeks, that is correct. I
would also like to take care of ES-628 dealing with a briefing on information from
Tokuda.
ES-628 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4),
and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney, on
behalf of the Council, requests an Executive Session with the Council to provide the
Council with a briefing to update the Council in Lynell Tokuda, et al. vs. Chris Calio,
et al., Civil No. 13-1-0049 RV (Fifth Circuit Court) 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: Mr. Kagawa moved to receive ES-628 for the record in open session,
seconded by Mr. Hooser.
Ms. Yukimura: Question.
Chair Furfaro: Yes, JoAnn.
Ms. Yukimura: Let us see, this is not an issue that we...
Chair Furfaro: Is time sensitive at this point. But it is
something when we have a need for a briefing, we will be rescheduled.
Ms. Yukimura: It is to receive right now?
Chair Furfaro: Yes.
Ms. Yukimura: Thank you.
The motion to receive ES-628 for the record was then put, and unanimously
carried.
Chair Furfaro: The last one is procurement issue, Executive
Session 610, I would like to either receive or defer.
COUNCIL MEETING 90 MAY 22, 2013
ES-610 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4),
and Kaua`i 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: Ms. Yukimura moved to receive ES-610 for the record in open session,
seconded by Mr. Kagawa.
Chair Furfaro: Any discussion?
Ms. Yukimura: We can repost it. I though know it is
something that Councilmember Rapozo wanted.
Ms. Nakamura: Yes.
Ms. Yukimura: We have been deferring it because it is being
lower priority to a lot of urgent things we have had to deal with. In moving to
receive, I am not saying necessarily we should not have it on the agenda the next
time.
Chair Furfaro: Well, that is why I gave you two (2) choices.
If you wanted to come back specifically the next time, I will take a deferral.
Ms. Yukimura: The 12th is really full already. I do not know
that we should defer it. Maybe we should have it more subsequent to the 12th.
Chair Furfaro: It is really full, fuller than a young little
leaguer eating pickled mango in the park.
Ms. Nakamura; Would it be possible to defer to the meeting
after the 12th?
Chair Furfaro: We can defer for five (5) weeks if you would
like.
Ms. Nakamura: That would be my preference because this has
been one that has been deferred many times and I believe it is important to one
Council member who has brought it to our attention. I would like to not receive it.
Ms. Yukimura withdrew her motion to receive ES-610 for the record in open
session.
Chair Furfaro: Does anybody wait for a chance to be
recognized by the Chair anymore? Three (3) conversations are going on. You have
the floor, you asked the first question. You asked about the deferral?
Ms. Yukimura: Right.
Chair Furfaro: Do you want to defer it for two (2) weeks, or
three (3) weeks, or specifically for five (5) weeks?
COUNCIL MEETING 91 MAY 22, 2013
Ms. Yukimura: That is right, you do not need to withdraw. I
move to defer for five (5) weeks.
Ms. Fountain-Tanigawa: Which would be the meeting of June 26th.
Chair Furfaro: Yes.
Ms. Yukimura moved to defer ES-610 to June 26, 2013 in open session,
seconded by Mr. Kagawa.
Chair Furfaro: Are you satisfied with that Councilwoman? I
have a second from Mr. Kagawa. No further discussion on a deferral.
The motion to defer ES-610 to June 26, 2013 was then put, and unanimously
carried.
Chair Furfaro: Thank you very much. I want you to know I
am a really nice guy. Al, we have the rest of the Executive Sessions to be read off by
yourself.
There being no objections, the rules were suspended.
Mr. Castillo: I am wondering if you would like to take
ES-637 as it is an incorrect posting.
Chair Furfaro: Al, I did that earlier.
Mr. Castillo: Oh, you did that earlier?
Chair Furfaro: I did that earlier.
Ms. Yukimura: We received it.
Mr. Castillo: I am sorry. Thank you.
Chair Furfaro: What number did you have, I want to read it
again?
Mr. Castillo: 637.
Chair Furfaro: Yes, I did that one earlier before we went on
break, yes.
Mr. Castillo: Then I am to read number four,
Chair Furfaro: 610 has been deferred or received, ES-628
deferred or received, ES-629 has been deferred, ES-634 has been received, and as I
answered you ES-637 has been received.
Mr. Castillo: Then I will read the remaining.
Chair Furfaro: Yes, starting from ES-630.
Mr. Castillo: Thank you.
COUNCIL MEETING 92 MAY 22, 2013
ES-630 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-5(a)(4) and
Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is to
allow Council to consult with the County Attorney and Director of Finance on
questions and issues pertaining to car allowances 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-635 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, on behalf of the Director of Finance, requests an Executive Session with
the Council to provide the Council with a briefing and request for approval of
proposed tax compromise with AOAO of Kulana Condominium, 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-636 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 to update the Council in Tim Bynum vs. County of Kauai, 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-638 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 in Ricky L. Ball vs. Kauai
Lagoons Resort Company, Ltd., et al., Civil No. 12-1-0289 JKW (Fifth Circuit 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-640 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 in Jeffery Sampoang vs.
Harvey Brothers, LLC, et al., Civil No. 12-1-0294 JKW (Fifth Circuit 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.
Chair Furfaro: Excuse me, Al, ES-641 I deferred earlier
because that Special Counsel was unable to travel and is ill.
Mr. Castillo: I am sorry. I was here and I forgot to cross it
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Y ou.k Thank out.
III
Chair Furfaro: The last one was ES-640.
Mr. Castillo: That is correct.
The meeting was called back to order, and proceeded as follows:
COUNCIL MEETING 93 MAY 22, 2013
Chair Furfaro: We now have five (5) members. We can go
into Executive Session. There is a motion and second, as made, I would like to do a
roll call.
Ms. Yukimura moved to convene into Executive Session, seconded by
Mr. Kagawa, and carried by the following vote:
FOR EXECUTIVE SESSION: Hooser, Kagawa, Nakamura,
Yukimura, Furfaro TOTAL— 5,
AGAINST EXECUTIVE SESSION: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Five (5) ayes.
Chair Furfaro: Thank you very much. B.C., for your
information, we have to come back out on three (3) of these items. I think we will be
a while and on that note, members, I would like to start in five (5) minutes. So, if we
can be in the Executive Chamber at 3:30 p.m., I would appreciate it. We are in
recess for Executive Session.
There being no objections, the meeting recessed at 3:28 p.m.
There being no objections, the meeting reconvened at 6:45 p.m., and proceeded
as follows:
Chair Furfaro: We are back from you are Executive Sessions.
We are about to, in open, prepare to approve additional funding for ES-197, ES-198
and ES-199. Is there anyone that wants to give testimony? Come up, Shay.
Ms. Fountain-Tanigawa: C 2013-198.
There being no objections, the rules were suspended to take public testimony.
SHAYLENE ISERI-CARVALHO: I think it is good evening right
now. Today there is a proposal for an additional ten thousand dollars ($10,000) for
Special Counsel for the County of Kaua`i. As this Council is aware, the depositions
of Tim Bynum and Jake Delaplane we taken last month in April. Does it not draw
and suspicion that the vial accusations that were made against me, yet I was not
called to testify? Why would Bynum not call me as a primary witness? Why,
because I was never present in any meeting neither with the Planning Department
nor in any communications with Sheilah Miyake and did not make any appearances
in court nor file documents in this case. I was not involved in this case because it is
a misdemeanor case that carries relatively light penalties compared to the murders,
sex assaults, robberies, and felony assaults that I review routinely. Utilizing my
decades of experience and talent on my case would be wasteful of the County's
resources. Mr. Bynum was well aware who handled his case, which was
Mr. Delaplane because Mr. Delaplane publicly appeared in court on all of these
matters and was the one who solely filed hundreds of pages of court documents. Yet,
noticeably Mr. Delaplane's name is absent from the Bynum lawsuit. It is clear that
Bynum had an ulterior motive to pursue a witch-hunt against me to affect the
election. The timing was not coincidental. Bynum's actions appeared to want to
provide a chilling effect on the Prosecutors who seek justice against public officials
COUNCIL MEETING 94 MAY 22, 2013
involved in wrongdoing. Mr. Bynum claims he simply had a rice cooker. This is
absolutely false. He not only had a rice cooker, but he had a separate entrance, a
separate trash can, a double sink, a spice rack, and full-sized refrigerator among
other things that were documented in photos and statements taken by Planning
Officials. An independent Police Officer, who was called to the residence on a felony
criminal complaint unaware of any Planning investigation, filed a report stating that
Bynum was renting this unit to a non-relative who was living there. Bynum himself
filed an Ethics Disclosure Form claiming rental income. Planning Officials also
documented that he had not permit to use his property for this purpose. There were
many accusations against me made in his complaint and when confronted by
Attorneys hired for the County, he provided zero (0) evidence to support any of his
claims. His own testimony proved that his allegations had no merit. Yet he took
the opportunity to defame me right before the election by sending out a press release
and appearing on television with his false allegations to millions who watched. The
conclusion by the Attorneys for the County and my personal Attorney who I hired to
represent me in my personal capacity, one hundred percent (100%) agreed that there
is and I would highlight and capitalize, that there is absolutely no merit to his
claims against me. You all know how difficult it can be to get concurrence by
numerous lawyers. My Attorney Torkildson, Katz et al. who my Attorney, Bob Katz,
is a partner has Attorneys who together have hundreds of years of experience and
stellar reputation for providing over sixty (60) years of excellence in the legal
community.
Chair Furfaro: Shay, I am going to stop you right there to
number one tell you three (3) minutes is up and you will have another three (3)
minutes. But I want to make sure that the testimony that you are giving us now,
our item is for ten thousand dollars ($10,000) in fees for continued legal
representation. What you are doing is of your own choice here.
Ms. Iseri-Carvalho: Right. I have talked to Attorneys.s. The
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firm as I was on, the Torkildson, Katz has a stellar reputation for providing over
sixty (60) years of experience in the legal community. The firm was recognized by
U.S. News and Honolulu Magazine as having the best lawyers and the best law firm
in 2010. My private Attorney Richard Wilson has almost thirty (30) years of
experience and Richard Nakamura who represents the County and he is partner
with Ayabe Chong Nishimoto et al., has almost four (4) decades of experience. When
they say a case has no merit, they know that it has no merit. The strong statements
are su pp orted by tho u sa n ds o f cases that they have handled in addition to their
reputation. My Attorneys have informed me that in the first week of June, they will
file motions to dismiss this case. Should the motions be granted, I hope this Council
will be proactive in seeking a reprimand against Councilmember Bynum for actions
unbecoming of a public servant. When a Councilmember chooses to abuse the
judicial system by suing other County officials and intentionally attracts the media
with his sensationalism of untrue facts, he needs to held accountable. All of you
were elected to do the right thing. The reputation and integrity of the County, the
1 is priceless.officials and County Counci s p ce less. To settle a lawsuit with month
merit based on purely financial decisions is immoral in a government setting. It
destroys the public's faith and encourages more filing of frivolous lawsuits. If a
person knows that County will always pay because the legal fees could escalate with
a trial even if absolutely no wrong was committed against the accused, frivolous
lawsuits like Mr. Bynum's will continue to be filed. This wrong is further
perpetuated because using insurance moneys means that premiums will skyrocket
further. While it may appear initially that is a cheaper alternative, eventually
settling leads to a much higher long-term overall cost. The public needs to hear the
COUNCIL MEETING 95 MAY 22, 2013
truth in this case. Any settlement amount would be too high when there is the
reputation and the integrity of elected officials at stake. Thank you. That concludes
my testimony.
Chair Furfaro: Any questions for Shay from the members?
Seeing none, thank you very much.
Ms. Iseri-Carvaiho: Thank you.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Jade, I would like to go to C 2013-197 first.
C 2013-197 Communication (05/14/2013) from the County Attorney,
requesting Council approval to expend up to $10,000 for Special Counsel's continued
services provided for the County of Kaua`i in Ricky L. Ball vs. Kaua`i Lagoons Resort
Company, Ltd., et al., Civil No. 12-1-0289 JKW (Fifth Circuit Court), and related
matters: Mr. Kagawa moved to approve C 2013-197, seconded by Ms. Nakamura.
Chair Furfaro: Discussion? There is no one in the audience
to give testimony.
There being no objections, the rules were suspended to take public testimony.
There being no one to provide testimony at this time, the meeting was called
back to order, and proceeded as follows:
Chair Furfaro: Let us take a vote on this approval and we
will do it by roll call, please.
The motion to approve C 2013-197 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: Bynum, Rapozo TOTAL — 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Five (5) ayes.
Chair Furfaro: Let us go to C 2013-198.
C 2013-198 Communication (05/14/2013) from the County Attorney,
requesting Council approval to expend up to $10,000 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:
Mr. Hooser moved to approve C 2013-199, seconded by Mr. Kagawa.
Chair Furfaro: There is a motion to approve and a second.
There is no one in the audience at this time. Further discussion, members? If not,
roll call, please.
COUNCIL MEETING 96 MAY 22, 2013
The motion to approve C 2013-198 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: Rapozo TOTAL — 1,
RECUSED & NOT VOTING: Bynum TOTAL — 1.
Ms. Fountain-Tanigawa: Five (5) ayes.
Chair Furfaro: Five (5) ayes. Thank you. Let us go to
C 2013-199.
C 2013-199 Communication (05/14/2013) from the County Attorney,
requesting Council approval to expend up to $10,000 for Special Counsel's continued
services provided for the County of Kaua`i in Jeffery Sampoang vs. Harvey Brothers,
LLC; et al., Civil No. 12-1-0294 JKW (Fifth Circuit Court), and related matters:
Ms. Nakamura moved to approve C 2013-199, seconded by Ms. Yukimura.
Chair Furfaro: No public testimony, motion to approve and
second. Any further discussion, Mr. Kagawa?
Mr. Kagawa: Yes. Mr. Chair, I would just like to wish
Mr. Sampoang a speedy recovery.
Chair Furfaro: Thank you very much. I am sure that speaks
from the entire Council. Let us do a call vote, please
The motion to approve C 2013-199 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: Bynum, Rapozo TOTAL — 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Five (5) ayes.
Chair Furfaro: I believe that completes the business that we
had scheduled for today, May 22nd.
Ms. Fountain-Tanigawa: Yes, it does.
COUNCIL MEETING 97 MAY 22, 2013
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:06 p.m.
Re 1 e . 1 submitted,
JAD algf F• 4 NT -TA IGAWA
Deputy County Clerk
:cy:aa
ATTAG NENT 1
(May 22, 2013)
FLOOR AMENDMENT
Proposed Draft Bill (No. 2483), A Bill For An Ordinance Amending Chapters 7, 8,
And 9, Kaua`i County Code 1987, As Amended, Relating To The Adjustment of
Various Permitting Charges And Fees Levied By The Department Of Planning
(County Of Kaua`i, Applicant)
Introduced by: NADINE K. NAKAMURA
•
1. Amend Proposed Draft Bill (No. 2483), SECTION 3, Sec. 8-3.1 by adding
a new subsection (h) to read as follows:
"(h) After-the-fact Permits
In addition to the Zoning Permit filing and processing fee(s), an
application for a Zoning Permit for a structure partially or fully
constructed without the required approvals and/or a use that has
commenced prior to the required approvals shall have an additional
filing, inspection, and processing fee of two hundred and fifty dollars
($250.00)."
(Material to be deleted is bracketed. New material to be added is underscored.)
V:\AMENDMENTS\2012-2014 term\Planning Permit Fees Floor Amendment SS_cy.doe