HomeMy WebLinkAbout 12/18/2013 Council minutes COUNCIL MEETING
DECEMBER 18, 2013
The Council Meeting of the Council of the County of Kaua`i was called to
order by Council Chair Jay Furfaro at the Council Chambers, 4396 Rice Street,
Room 201, Lihu'e, Kaua`i, on Wednesday, December 18, 2013 at 9:32 a.m., after
which the following members answered the call of the roll:
Honorable Tim Bynum (present at 9:40 a.m.)
Honorable Mason K. Chock, Sr.
Honorable Gary L. Hooser
Honorable Ross Kagawa
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Honorable Jay Furfaro
APPROVAL OF AGENDA.
Mr. Rapozo moved for approval of the agenda as circulated, seconded by
Mr. Chock, and carried by a vote of 6:0:1 (Councilmember Bynum was not
present).
Chair Furfaro: We are now going to go to the public
comment period and we do have an opportunity here to accept testimony in advance
of the agenda, but a reminder, those that speak with their three (3) minutes now,
there is no questions and answers (Q&A) from the Council and you will not be
allowed to give testimony later in the day. Do we have people signed up for this?
PUBLIC COMMENT.
Pursuant to Council Rule 13(e), members of the public shall be allowed a total of
eighteen (18) minutes on a first come, first served basis to speak on any agenda
item. Each speaker shall be limited to three (3) minutes at the discretion of the
Chair to discuss the agenda item and shall not be allowed additional time to speak
during the meeting. This rule is designed to accommodate those who cannot be
present throughout the meeting to speak when the agenda items are heard. After
the conclusion of the eighteen (18) minutes, other members of the public shall be
allowed to speak pursuant to Council Rule 12(e).
JADE K. FOUNTAIN-TANIGAWA, Deputy County Clerk: Yes, we do,
Chair. We have Glenn Mickens, followed by Joe Rosa.
Chair Furfaro: Do we only have two (2)?
Ms. Fountain-Tanigawa: We also have Penny Cistaro and Karen Ono.
Chair Furfaro: Okay. We have four (4) signed up for the
public comment period under Rule 13(e). We will start by having Mr. Mickens come
up and speak.
There being no objections, the rules were suspended to take public comment.
COUNCIL MEETING 2 DECEMBER 18, 2013
GLENN MICKENS: Can Joe go first?
Chair Furfaro: No. You are being called up. Please come
forth.
Mr. Mickens: He as an appointment. I just wanted to see
if he could go first.
Chair Furfaro: Three (3) minutes and he will be up, but I
am taking him in the order that people signed up.
Mr. Mickens: Thank you, Jay. Thank you, BC. My
testimony is on ES-693 and ES-689. My ES-693 is very, very short. Can I read
them both Jay?
Chair Furfaro: You have three (3) minutes. It is your time.
Mr. Mickens: In regards to ES-693, my view of ES-693 is
that this Council should not let any retaliation for an aggrieved Mayor adversely
affect an effective audit function protecting the public interest. On ES-689. In his
claim, Mr. Rawls asserts that since he took a higher paying higher profile audit
position with the State Auditor's Office, he is incurring an increase of expenses and
potential earning, as reported on Joan Conrow's blog and in Rawls complaint. I
emphasize the word "potential" as his list of future earning as the County of Kaua`i
Audit Manager when the incumbent retires whereas the Kaua`i County Auditor if
he were selected as pure speculation. There is certainly no concrete evidence
supporting his view that he would ever get one of these positions if and when they
become available since he is a troublemaker, not unless this Council assured Rawls
that he would get the job by using Rawls and his complaint as a convenience to
terminate the current County Auditor. Also, I would certainly question his list of
monthly expenses on O`ahu as opposed to those he incurs on Kaua`i. Golf for
example, is a luxury that is played when affordable and not a necessity. His travel,
to Kaua`i are also of a personal choice. Also, I believe that food costs in Honolulu
are lower than that of Kaua`i, not unless his monthly rent on Kaua`i including board
and lodging costs. I certainly do not believe that he is entitled to any settlement of
taxpayer's money after his inexcusable rogue behavior as a member of our Auditor's
staff. He should feel very fortunate to have a job paying him ninety-one thousand
dollars ($91,000) a year, possibly getting a favorable recommendation from Kaua`i
despite his wrongful actions on Kaua`i and not by asking we, the taxpayers, for a
three hundred fifty-six thousand four hundred dollars ($356,400) settlement.
Please manage our tax money judiciously. Anyway, that is my testimony. As you
said, I know that you do not get the chance to ask me questions, but I will hope that
you will take that into consideration. I got my information off of Joan Conrow's blog
and from his statement. Thank you, Jay.
Chair Furfaro: Thank you, Glenn. Joe.
JOE ROSA: Good morning members of the Council. For
the record, Joe Rosa. Well, I am here today to give testimony on Mr. Ernie Pasion's
behalf. I was glad to see that he got to keep his job and was not put in jeopardy of
something that I still see that it is a form of personalities and in a court of law, like
Judge Laureta mentioned here, it does not hold water. Hearsay and all of that kind
of things does not stand in the court of law. Still yet, the question was not
answered why he was given a suspension. You might say that it is personal, but
COUNCIL MEETING 3 DECEMBER 18, 2013
yet, come on, this is America. The people should be told as to what is going on if
there a wrong. If it is a right, fine. This question is still unanswered and
Mr. Pasion did his job thoroughly, well, and like the Auditor's investigation said, he
did an excel job on those six (6) audits that he performed, which the public only
knows about two (2) of them probably. Where is the other four (4)? Why is it so
quiet? I feel that this thing on Ernie is not complete and I think it is only fair to
him that it is made known as to why this all came about because it involves
personalities. Also, I do not think that Mr. Ron Rawls should be reimbursed for his
spending of money coming back and forth from O`ahu to Kaua`i. After all, when a
guy gets paid ninety thousand dollars ($90,000) a year, it should be sufficient that
they can live on that and adjust their budget of living. The other thing is, I do not
want the taxpayers on this island of Kaua`i to be subsidizing somebody's expense for
pleasure and stuff. Consider those things. We are up to our necks in taxes here on
Kaua`i and you always hear about raising property tax, gas taxes, tipping fees, and
etcetera. We are paying taxes strictly to pay liability lawsuits. I think it is high
time that we stop all of this because we cannot be paying for mistakes that other
people make and those are mistakes that people make around here so nobody is
perfect. As I said, give the credit to Mr. Pasion as a very honest and capable man
that did a wonderful job. Also, as far as Mr. Ron Rawls, I do not think that he
should be given a penny. That was his own doing, what he did, and it should not be
the taxpayer's money. Thank you.
Chair Furfaro: Thank you, Joe. That was your three (3)
minutes. Next speaker, please.
Ms. Fountain-Tanigawa: The next speaker is Karen Ono regarding
barking dogs.
Chair Furfaro: Good morning, Karen.
KAREN ONO: Good morning, Councilmembers. For the
record, my name is Karen Ono and you probably seen in today's newspaper that I
was quoted as saying, "muzzle the muts." Well, first of all, I believe that there
should be some kind of Ordinance so that we can all live in peace and harmony with
our neighbors. As far as the barking dogs go, this has been continuous and I think
for people like me who have to close my windows so that I can either put on a
conversation or watch television, is not giving me right to peace, quiet, and
enjoyment in my neighborhood. I know that there are other people that actually
have the same problem, but I did not say, "muzzle the muts," that is number one. I
doggie sit for people. I walk dogs. You see me walking on the street. So, do I care
about animals? Yes, I do. I really do. So, it is not me that quoted that and I have
asked the Garden Island to please retract that quote. Thank you.
Chair Furfaro: Next speaker is Penny?
Ms. Fountain-Tanigawa: Chair, Penny has requested to speak during
the transmittal letters as rt
pa of the Consent Calendar. There are two (2) speakers,
Penny as well as Lonnie Sykos, items on the Consent Calendar.
Chair Furfaro: Okay, so they are not going to take
advantage of Rule 13(e)? So, make note of that on signup sheet if you can. If there
anyone else that wishes to speak during this three (3) minutes? Ken, come up.
COUNCIL MEETING 4 DECEMBER 18, 2013
KEN TAYLOR: Chair and members of the Council, my name
is Ken Taylor. I am going to speak on ES-689. I am opposed to honoring any claims
from Ron Rawls. I read on a blog his posting of how he calculated his numbers and
I think I just have a problem agreeing with the numbers and if he feels strong about
it, let him bring suit against the County, but I think at this point and time, you
should deny any request for claims under the circumstances. Between the Mayor
and Council, you have cost the taxpayers an awful lot of money already in this
whole Auditor activity. I do not think it is over and this claim is just absolutely
ridiculous from what I see on the blog numbers that were posted, his calculations of
getting up to the three hundred plus thousand that he is asking for. Please say no
to this claim.
Chair Furfaro: Thank you, Ken. I have room for one (1)
more three (3) minute speaker. Is that a hand that I see all the way in the back? I
cannot see your face, but please come up. Is that six (6) speakers? Four (4). So,
this is five (5). Thank you. Go right ahead if you introduce yourself and you have
three (3) minutes.
MARK WILLMAN: Thank you. My name is Mark Willman and
aloha ke akua and the County Council, Mele Kalikimaka and Haole Makahiki Hou.
I am here to testify about Article 22 I believe, formerly Bill No. 2491. I believe that
we should put the execution of this law on hold until the Environmental and Public
Health Impacts Study (EPHIS) is completed. I think this will save the County
money and in its place, there is the Kaua`i Agricultural Good Neighbor Program
that is already in place and is already working without costing the County any
money. I think it is wise to execute on the EPHIS though until we have the data
and then once we get the data, we can decide to enact the law. Let me just speak a
little about the Kaua`i Agricultural Good Neighbor Program. It is a voluntary
standards and guideline for Restricted Use Pesticide (RUP), use reporting, and
buffer zones. Due to the introduction of the Kaua`i County Bill No. 2491, Kaua`i has
been wrestling with the issue of pesticide use that has created divisions within the
community. The debate has become charged with emotion that has resulted in
polarizing viewpoints and often times, the dissemination of any correct information.
In response to the growing request for help from the community, farmers, and from
the State Legislators, the Governor Neil Abercrombie, announced the State's
intention to develop a program for voluntary standards and guidelines for
Restricted Use Pesticides (RUPs), their use reporting, and the implementation of
buffer zones. Following this announcement, the Hawai`i Department of Agriculture
(HDOA) the Pesticide Branch staff, conducted a review of other States; California,
Washington, Oregon, New York, and New Jersey; reporting requirements as well as
Federal standards as outlined by the Worker Protection Standard Provision on
entry to restricted areas in treated nurseries. Existing buffer zones and posts on
RUPs used by listed companies were also taken in consideration. The HDOA
reached out to Dow ArgoSciences, Pioneer, Syngenta, BASF, and Kaua`i Coffee
Company, the five (5) companies affected by this Bill to better understand the
challenges facing these companies and the better creative program that would
provide information to the public without violating confidential business
information. The resulting Kaua`i Agricultural Good Neighbor Program will be
conducted over a one (1) year period after which time it will be assessed to as its
efficacy in attaining its stated goals. So, that is a summary of it and again, I
support that program. I think it is already in place, it does not create any division,
and it does not cost the County any money. As I have heard other taxpayers
concerns, we already have enough taxes already and I think it would just be in our
COUNCIL MEETING 5 DECEMBER 18, 2013
best interest and in the County's interest to stay afloat financially. Thank you very
much for you time.
Chair Furfaro: Thank you.
Mr. Willman: God bless Kaua`i.
Chair Furfaro: Thank you. I have room for one (1) more
three (3) minute speaker. Is there anyone in the audience that wishes to give
testimony on any item at this time? If not, I will close section "D" on public
comment under our Rule 13(e).
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Moving on, I would like to go the minutes
and the receipt of such.
MINUTES of the following meetings of the Council:
July 17, 2013 Council Meeting
July 31, 2013 Council Meeting
October 8, 2013 Special Council Meeting and Continued on October 15, 2013
Special Council Meeting
November 15, 2013 Special Council Meeting
November 20, 2013 Special Council Meeting
November 20, 2013 Council Meeting
November 20, 2013 Public Hearing re: Bill No. 2505, Bill No. 2506,
Bill No. 2507, and Bill No. 2508
Mr. Chock moved to approve the Minutes as circulated, seconded by
Ms. Yukimura, and unanimously carried.
Chair Furfaro: We will now go to "F" under Consent
Calendar.
CONSENT CALENDAR:
Ms. Fountain-Tanigawa: Chair Furfaro, there are two (2) items that
members of the public have requested to be taken off of the Consent Calendar. That
would be the first item, C 2013-378 as well as on page 2, C 2013-379.
Chair Furfaro: Okay. Let me ask the members. These two
(2) items are wished to be moved from the Consent Calendar.
Mr. Bynum moved to remove C 2013-378 and C 2013-379 from the Consent
Calendar, seconded by Mr. Rapozo.
Chair Furfaro: Discussion members? JoAnn, you wish to
have the floor?
Ms. Yukimura: Just a point on inquiry. So, we will take
them off and then just take them separately right after the Consent Calendar?
COUNCIL MEETING 6 DECEMBER 18, 2013
Chair Furfaro: Yes.
Ms. Yukimura: Thank you.
Chair Furfaro: Madame Clerk, did you hear my
instructions? On that note, may I have an approval to receive as modified by
C 2013-378 and C 2013-379 as being separate items?
The motion to remove C 2013-378 and C 2013-379 from the Consent Calendar
and placed under Communications was then put, and unanimously carried.
Chair Furfaro: Let us go to C 2013-378, to the Clerk.
COMMUNICATIONS:
C 2013-378 Communication (11/20/2013) from Councilmember Yukimura,
transmitting for Council consideration, a proposal to establish a new Article under
Chapter 22 of the Kaua`i County Code 1987, as amended, to address regulations and
restrictions related to the excessive barking of dogs, while balancing the rights and
privileges of dog owners with the rights and privileges of other citizens of the
County.
Chair Furfaro: As a housekeeping note, I wanted to let you
know that at the discretion of the Chair, I will limit testimony today to three (3)
minutes, but there will be Q&A after the testimony on these items simply because
we have seven (7) Executive Session items today. We have specific times from
lawyers and attorneys flying in from Honolulu. So, is there anyone that wishes now
to speak on the item moved off of the Consent Calendar and give us testimony on
C 2013-378?
Ms. Fountain-Tanigawa: We have one (1) registered speaker, Penny
Cistaro.
Chair Furfaro: Penny, would you like to come up?
There being no objections, the rules were suspended to take public testimony.
PENNY CISTARO: Good morning, my name is Penny Cistaro,
Executive Director of the Kauai Humane Society. I know that Councilmember
Yukimura has brought forward a Barking Dog Ordinance. I would just like Council
to take into consideration when you are looking at this that in conjunction with the
Ordinance, the Kauai Humane Society has developed an educational interactive
process with both the complainant and the dog owner so that there would be a
period of time where we are working with all of the parties to resolve and abate the
problem prior to any citation being issued. It usually is a behavior problem that we
are well prepared to address with the dog owner and engaging the complainant in
part of the process to resolve that. A citation would only be issued as a last resort if
the dog owner was unable or unwilling to abate the problem. If there are any
questions, I am happy...
There being no objections, the Council recessed at 9:52 a.m.
The Council reconvened at 9:57 a.m., and proceeded as follows:
COUNCIL MEETING 7 DECEMBER 18, 2013
Chair Furfaro: Thank you very much for the quick response.
Penny, I am going to give you one (1) minutes and thirty (30) seconds of time for the
clock as we want to make sure your testimony is documented and then also, I want
to thank Mr. Eddie Topenio for his quick response on our technical problem. You
have the floor again.
There being no objections, the rules were suspended.
Ms. Cistaro: Do you I repeat everything that I said?
Chair Furfaro: No, you have one (1) minute and thirty (30)
seconds of additional time.
Ms. Cistaro: Actually, that was really what I had to say. I
wanted Council to be aware that as the initial responder, it was not an automatic
citation to the dog owner, that there would be at minimum a twenty-one (21) day
period in which we were working with the dog owner and the complainant to resolve
the problem and then if there were any questions from Council.
Chair Furfaro: Mr. Kagawa, you may have the floor.
Mr. Kagawa: I will try and be quick. Penny, it is
twenty-one (21) days that you work with the...
Ms. Cistaro: It is a minimum of twenty-one (21) days, yes.
Mr. Kagawa: Well, I mean, that sounds great to me
because a lot of the times the relationship between neighbors where the problem is
has broken down and it sounds great that the Kaua`i Humane Society — so, you are
willing to go out to the house or they have to come to you?
Ms. Cistaro: I can give you a quick synopsis.
Mr. Kagawa: If you can.
Ms. Cistaro: Once the complaint comes in, we make
contact with the dog owner and we send information to the complainant because we
and Kaua`i Police Department (KPD) do not have the resources to sit someone in
front of the house to monitor the length of time that the dog is barking and how
often. We will be having the complainant fill out a log sheet so that they can track
for a period of seven (7) days how often and how long is the dog barking so we can
go from there. A lot of times the dog owner is not home and does not even know
that the dog is barking during the day. So, then we can be advising the dog owner
when the problem is occurring because a lot of times there are triggers. We also
offer information on training and how to abate the barking. If there is no resolution
over a period of time, then we would issue the citation, but there has to be an
opportunity for the dog owner to correct the roblem. So, there is not an automatic
citation. p
Mr. Kagawa: What are the most common corrections for
the owners to get their dogs? A lot of times it is because they have more than one
(1) probable from stopping them barking. It is having them run around more
during the day?
COUNCIL MEETING 8 DECEMBER 18, 2013
Ms. Cistaro: There is exercise, is key, and providing
something for the dog to do during the day. So, there is interactive toys, there is a
lot of things on the market that they can do. There is citronella collars. A lot of
times it is putting a hole in the fence so that the dog can see out to see what is on
the other side causing the noise. Sometimes it is introducing them to the neighbor.
There is a whole myriad of things to go through with the dog owner.
Mr. Kagawa: Thank you. I will not belabor. Thank you.
Thank you, Chair.
Chair Furfaro: Councilmember Yukimura, you have the
floor.
Ms. Yukimura: Yes. Thank you, Penny, for being here today
and also for us who are trying to create this Bill to know what options there are and
how we can best address this. My question is you mentioned that the Kaua`i
Humane Society will be the first responder.
Ms. Cistaro: Yes.
Ms. Yukimura: I wanted you to confirm that and also to
thank you for that.
Ms. Cistaro: Yes. We would be the first responder. If the
call came in the middle of the night, the Police are — we are entering into a
Memorandum of Understanding (MOU) where they would be referring the caller to
us unless there was some specific reason that KPD needed to respond in the middle
of the night.
Ms. Yukimura: So, that too, in terms of how we respond to
this issue is really important and I appreciate very much the Kaua`i Humane
Society's willingness to be the first responder. I know the Police Department
appreciates that too. So, thank you very much.
Ms. Cistaro: You are welcome.
Ms. Yukimura: And we will get into this more. There will be
a public hearing and then Committee Meeting. So, just so the public knows, there
will be many opportunities for input.
Ms. Cistaro: And we will be providing all of the
educational materials and the process at that time as well.
Ms. Yukimura: At Committee Meeting perhaps?
Ms. Cistaro: Yes.
Ms. Yukimura: Wonderful. Thank you.
Chair Furfaro: Thank you, Penny.
Ms. Cistaro: You are welcome.
Chair Furfaro: Any more testimony on this communication?
COUNCIL MEETING 9 DECEMBER 18, 2013
Ms. Fountain-Tanigawa: We have one (1) more registered speaker,
Lonnie Sykos.
Chair Furfaro: Lonnie Sykos.
LONNIE SYKOS: Good morning Council Chair and
Councilmembers. Thank you for the opportunity. I know it is a long meeting today
so I will be very brief. I read the article in the newspaper today and it raised some
issues, one of which is on the mainland you have communities that have had these
types of Ordinances for my lifetime and so there are models of law that will
withstand legal challenge. We try and write one here, we are almost guaranteed to
end up in court and the problem is, everything that has been said is valid, but it is
all subjective. Who decides what legitimate behavior is, what legitimately caused a
teased or provoked dog which now the dog is allowed to bark under the Ordinance
because it has been teased of provoked? Well, one dog barks the other dog bark, all
of the dogs bark. Your problem here is how do you objectively define too much
barking? Until you objectively define it, you are going to have an Ordinance that is
not enforceable. Secondly, the biggest problem from my perspective with dog
behavior is bad government and bad government was writing a leash law and not
providing an opportunity to take the dog and turn it loose off of a leash and a chain
legally, right? The dog is going to be wacked mentally if it is never taken off a
chain, never allowed to run around, and never allowed to socialize with other dogs.
The number one problem is that dogs are all isolated by the leash law and are
poorly socialized. In that matter, I agree with the Kaua`i Humane Society that
education for the dog owners are important, but that is not going to resolve the
problem that it has taken the County what, four (4) years to not build a second dog
park. How many years have we waited for the dog park to occur in the
Homesteads? So, it is scheduled to be finished in the next year or something. How
come there is not these dog parks like four (4) or five (5) of them? The people on the
North Shore built one and had it public open to the ublic in less than half the time we
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have wasted on trying to get a dog park open up at the Homesteads. So, part of the
solution to this is we need more dog parks. Thank you.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Thank you, Lonnie. I am going to ask that
we receive this communication at this time. I have a motion? No?
Mr. Chock moved to receive C 2013-378 for the record, seconded by
Ms. Yukimura, and unanimously carried.
Chair Furfaro: Let us then take the next item that was
taken off of the Consent Calendar which is C 2013-379.
C 2013-379 Communication (11/27/2013) from Councilmember Yukimura,
transmitting for Council consideration, a proposal to establish a new Article under
Chapter 22 of the Kaua`i County Code 1987, as amended, relating to a Cat
Licensing Program.
Ms. Fountain-Tanigawa: We have two (2) registered speakers. The
first speaker is Penny Cistaro, followed by Lonnie Sykos.
COUNCIL MEETING 10 DECEMBER 18, 2013
Mr. Kagawa moved to receive C 2013-379 for the record, seconded by
Ms. Yukimura.
Chair Furfaro: I have a motion to receive from Mr. Kagawa,
a second from Ms. Yukimura.
There being no objections, the rules were suspended to take public testimony.
Chair Furfaro: Penny, would you come back up please.
Ms. Cistaro: Hi. Penny Cistaro, Executive Director of
Kaua`i Humane Society. Thank you, Councilmembers. Just wanted to express the
full support of the Kaua`i Humane Society for the Bill that is being proposed for the
cat licensing. It was something that we discussed back at budget hearings and
again during the dog licensing and the fee increase and that was something that
Council had requested, and then we had agreed that we would be bringing
something forward before the end of the year. Really, just want to Council to know
that the Kaua`i Humane Society fully supports this and that we are prepared to
implement the cat licensing program in conjunction with the dog licensing program.
Are there any questions?
Mr. Rapozo: I just have one (1) questions Mr. Chair.
Chair Furfaro: You have the floor Mr. Rapozo.
Mr. Rapozo: Thank you, Mr. Chair and thank you for
being here. Just if you could provide to us before the Committee Meeting a
performa what the anticipated revenue would be based on the anticipated or
estimated number of cats on the island. Just something that we can see what the
anticipated revenue and expenses for this program would be.
Ms. Cistaro: We will have that for Council.
Mr. Rapozo: Thank you. That is all, Mr. Chair.
Chair Furfaro: Further questions? No? Penny, thank you.
Lonnie.
Mr. Sykos: Good morning again Council Chair and
Councilmembers. For the record, Lonnie Sykos. Once again, I agree with the
underlying principal in this thing. I do not have any objection to licensing cats from
the perspective that we have a huge problem with feral cats. So, by licensing cats
and requiring a chip to be put in a cat, it would possible for a Field Agent to use an
electronic device to determine whether the cats are actually feral and has not
human relationship or if the cat is owned by somebody. The notion that cats are
going to have to be restrained on private property is lunacy if that is ever going to
be part of this and in my street, some of my neighbors are rethinking their thoughts
about cats because in my little five (5) house unit we have no rodents and that is
because I have cats. My neighbors that hate cats now love my cats because we have
no rodents. You go three (3) houses down, you can watch the rodents climbing on
their roof. If you get rid of domestic cats, that solves the bird problem and all of
that, but we will become overrun with rodents. So, how to balance the population of
feral cats versus domestic cats is a thorny issue, but once again, we need to come up
with an objective way to this, not a bunch of subjective guidelines that ultimately
COUNCIL MEETING 11 DECEMBER 18, 2013
are not going to resolve the problem. Secondly, licensing cats as a revenue
generating thing for the County, I am going to tell you right now. If you are going
to tax my cats to raise revenue, right, you better start taxing horses, goats, pet pigs,
guinea pigs, and parakeets because my animals are working animals. I have a
working dog and three (3) working cats and I am willing to pay a license fee for
that, but all of this just pets for human entertainment, why do they not get licensed
as well? Thank you.
Chair Furfaro: Thank you. So, we have both speakers on
that communication.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: I just want to make certain that we have
procedurally in our rules, we can, with a supermajority identify these items going to
any particular Councilmember for the Committee work, but I want to make sure
that the author of the Bill and Mr. Rapozo are comfortable with this going to
Mr. Rapozo's Committee.
Mr. Rapozo: That is fine with me.
Chair Furfaro: Okay. That is all that I wanted to have the
discussion on. Good. Some housekeeping items here. You wanted to say something
JoAnn?
Ms. Yukimura: Do we have a motion to receive?
Ms. Fountain-Tanigawa: Yes.
Chair Furfaro: Yes, I am getting to that. You wanted to say
something more? Oh, yes, okay. On a housekeeping item I want to get cleared up,
we have accepted the Consent Calendar, we broke out two (2) items to have
separate discussion on, and now I have a motion to actually receive both items.
JoAnn, you want to speak?
Ms. Yukimura: Thank you. I just want to clarify based on
Mr. Sykos' testimony that this Bill is a licensing Bill requiring licensing and there
are fees, but it is not a leash law for cats. It is not saying that cats cannot roam or
be on the properties. Just so that is clear. Thank you.
Chair Furfaro: Okay. Members, I have a motion on
C 2013-378 as well as C 2013-379 to receive the communication. Any further
discussion?
The motion to receive C 2013-379 was then put, and unanimously carried.
Chair Furfaro: A would like to move to section "G" of our
agenda.
Ms. Fountain-Tanigawa: Chair, could we also just get a motion to
receive the Consent Calendar also?
COUNCIL MEETING 12 DECEMBER 18, 2013
Chair Furfaro: Oh, very good. Thank you for that
housekeeping note.
C 2013-380 Communication (12/02/2013) from the Director of Finance,
transmitting for Council consideration, proposed amendments to Ordinance
No. B-2013-754, as amended, relating to the Capital Budget of the County of Kaua`i
for the Fiscal Year (FY) 2013-2014, by revising the amounts estimated in the
Special Trust Fund for Parks & Playgrounds — Hanalei District. (Black Pot Park
Expansion - $94,427): Ms. Yukimura moved to receive C 2013-380 for the record,
seconded by Mr. Kagawa, and unanimously carried.
C 2013-381 Communication (12/09/2013) from the Mayor, transmitting for
Council consideration, pursuant to Sections 89-11(g) and 89C-5, Hawai`i Revised
Statutes (HRS), the cost items for the Collective Bargaining Agreement for
Bargaining Unit 11 between July 1, 2011 and June 30, 2017, pursuant to
Section 19.13(B) of the Kaua`i County Charter: Ms. Yukimura moved to receive
C 2013-381 for the record, seconded by Mr. Kagawa, and unanimously carried.
Chair Furfaro: Thank you very much. So, we will go to item
in Communications. We will go down the list, C 2013-382 please.
C 2013-382 Communication (11/12/2013) from the Director of Parks and
Recreation, requesting Council approval to accept a donation valued in the amount
of $2,365.62, from Mrs. Karen Grillos, Mr. Paul Iwai of Silva's Memorials, and the
Marine Corps League for a granite memorial bench at Anini Beach Park in memory
of Marine Corps Sergeant Major Bud White, who passed away on January 10, 2013:
Mr. Rapozo moved to approve C 2013-382 with a thank-you letter to follow,
seconded by Mr. Kagawa.
Chair Furfaro: Is there any discussion here among
members? Yes?
Mr. Kagawa: I just want to really thank Mrs. Grillos,
Mr. Paul Iwai, and the Marine Corps again for the donation. We yearly go camping
in the summer at `Anini and getting those green picnic tables is a mad rush to get
one of those at your camp site. Having this granite one will at least give one (1)
more there. Mahalo.
There being no objections, the rules were suspended to take public testimony.
Chair Furfaro: Alice, come up please. Alice, I am limiting
testimony to the first three (3) minutes. So, you have the floor.
ALICE PARKER: Alice Parker. Sergeant Major Bud White, his
name is actually Morris L. "Bud" White and he was an intimate friend of mine, did
a lot of cribbage playing up there at `Anini, and he also walked the highways for
many years cleaning up the debris there. This Karen Grillos is his daughter and I
think this is a marvelous idea because he was a prominent keeper of the greens for
Kaua`i. I just wanted to correct the name. Thank you.
There being no objections, the meeting was called back to order, and
proceeded as follows:
COUNCIL MEETING 13 DECEMBER 18, 2013
Chair Furfaro: Alice, thank you very much. Alice, I am
going to speak while you are going back to your seat, but thank you very much. For
the first fourteen (14) years of my three (3) daughters' life, Bud was our neighbor
and he was a fine man. Thank you. Go ahead JoAnn.
Ms. Yukimura: Thank you, Alice for the correction. I trust
that someone from Parks & Recreation is making sure that they have the corrected
name because if a plaque is going to— oh, Lenny is here. Thank you. Then it would
be important to have the correct name on the plaque. Thank you.
Chair Furfaro: We will so note the correction as we send our
update to the Mayor which we do at the end of each week.
Ms. Yukimura: Thank you and I am hearing that it was the
name that was given to them, but perhaps they could check with the family. Thank
you.
Chair Furfaro: Yes. We will check with the daughter. Any
further discussion?
The motion to approve C 2013-382 with a thank-you letter to follow was then
put, and unanimously carried.
Chair Furfaro: Item C 2013-383 please.
C 2013-383 Communication (11/22/2013) from the Mayor, requesting agenda
time to provide the Council with a brief presentation on the Administration's efforts
to implement Ordinance No. 960 (Bill No. 2491, Draft 2), relating to Pesticides and
Genetically Modified Organisms (GMOs): Mr. Kagawa moved to receive C 2013-383
for the record, seconded by Ms. Yukimura.
Chair Furfaro: To the Mayor, I did indicate to your office
that we and it says brief, but it is your time to make a presentation, but this is early
on and this will be a reappearing update item. Again, in our calendar today just for
the rest of the audience, by 2:00 p.m. we have to be in Executive Session for several
items dealing with some legal settlements as well as collective bargaining. I am
going to suspend the rules Mayor, and have you come up now.
There being no objections, the rules were suspended.
Mr. Rapozo: Mr. Chair, just as a question. BC, I know we
did not take an official caption break since 8:30 a.m. I know we had the technical
difficulty and we had the five (5) minute break between the photo and the — so, I
just want to make sure that if we are due, we should take one.
Chair Furfaro: Good point. Let us do that Mel. That is a
good idea. Let us take our ten (10) minute caption break Mayor, while you get set
up.
There being no objections, the Council recessed at 10:17 a.m.
The Council reconvened at 10:28 a.m., and proceeded as follows:
Chair Furfaro: Mayor, welcome. You have the floor.
COUNCIL MEETING 14 DECEMBER 18, 2013
There being no objections, the rules were suspended.
BERNARD P. CARVALHO, JR., Mayor: Council Chair Furfaro
and members of the County Council, thank you again for this opportunity to come
before you to give an update. I wanted to come across and share with you some of
the things that are happening internally and the efforts that we are doing to move
forward following the enactment of Bill No. 2491, Draft 2. As I stated you on
November 16, 2013 once the Bill became law, we are committed to following
through with our responsibility and a lot of things have happened within this one
(1) month period. I will be going over some brief remarks and areas of discussion
and then I will turn it over to Mauna Kea Trask here, of course our Managing
Director, Nadine Nakamura is right up here with us as well and we will move on
from there. As you all know, there are three (3) basic elements of Ordinance
No. 960; disclosure of pesticide use, buffer zones, and Environmental and Public
Health Impacts Study namely, EPHIS. I am pleased that the Resolution that
Councilmember Yukimura and then Councilmember Nakamura initiated and
hopefully moving forward and approved today. We submitted a Money Bill to fund
the first phase of the work as you all know. So, my feelings still remains that this is
the most important part as stated earlier from one of our speakers of the long term
success of this effort and really getting some good solid data. Once you take final
action on the Money Bill hopefully in January, the funds are available, and we could
move very quickly to secure a facilitator that will enable us to us the first step in
the process in a joint fact finding group (JFFG) on the way. So, this whole process
on going and moving forward. The other two (2) items, the buffer zones and
disclosure will be implemented once Administrative Rules have been adopted and
as you know, the very cumbersome effort in doing Administrative Rules in timely
and long. It takes time and effort. You have given us nine (9) months to complete
this task that I have been on the record stating and I do not feel that it is enough
time. This concern is based on the process itself which requires public input and
review by other agencies, the timing of which is beyond our control. There are
numerous upcoming discussion groups and focus groups who have experienced with
administrative rule making, and they often take a year or more to complete. That is
based on plain experience and things that have happened in the past. However, I
am here to tell you that we are making our best effort to get this job done in the
time frame required. Mauna Kea again, will go over further in some detail a
timeline overall and share with you where we are at. But I wanted to just touch on
the important of the administrative rule making process. I am often asked why
does it take so long. Nine (9) months is okay. Why can you not just get it done?
Get it done today. As government officials, each of us know the answers to those
questions and I wanted to just clarify that. I am certain that you understand why
these processes exists and the time and effort it takes to go through it.
For the general public, I do not want all of the aunties, uncles, and everybody
who is at home watching this to understand the very cumbersome efforts that we
are trying to do and get done. I want to spend a few moments on explaining why we
cannot just put this Bill into effect today and I am taking this explanation directly
from the Hawai`i Administrative Rules Drafting Manual. I can go into all the
details. Mauna Kea is going to come up, but I wanted to touch on some of the very
critical areas. The first area of course, the reason for the Administrative Rules are
necessary goes back to the basic principle, the separation of power of course
between the Legislative body and the Administrative body. Obviously, that is what
it is. Over the years, the courts have recognized that it is not practical for
lawmakers or lawmaking bodies like the Council to provide for every detail and
every instance when making a new law, but it is still necessary. Again, this
COUNCIL MEETING 15 DECEMBER 18, 2013
information I want the people watching to understand the process that is before us,
necessary for there to be detail in the law in order for it to be applied
comprehensively, fairly, and in the spirit of the intent of lawmakers. This is what is
called filling the gaps and the rule making process for doing that. It is clearly
outlined in State law under Section 91 of the Hawai`i Revised Statutes (HRS). So,
we are bound by the State law and we need to go through the process. One of the
reasons that they are very important is because anyone who violates this Ordinance
could be subject to severe penalties and I want everybody to understand that. If we
are going to potentially assess fines of up to twenty-five thousand dollars ($25,000)
per day or charge a company with a misdemeanor of violating this Ordinance, we
need to make sure that the process is thorough and that there is an opportunity for
due process for the entity that is being accused of that particular violation. This is
very serious and the Administrative Rules need to be done correctly and we need
more time. In short, this cannot just be done overnight and rushed. I wanted to
make that clear to everybody watching. In a moment, Mauna Kea is going to go
through the outline, the Administrative Rule making process outline that we tried
to really look and streamline and talk about it.
Before he does that, I want to briefly touch on some of the other things that
we are doing right now as we speak that are related to this Ordinance. First of all, I
had the opportunity to meet with some of the residents of the West Side on
November 19, 2013. Klayton Kubo arranged for this meeting. It was a very good
meeting. Good discussion. Happy to have been there. A lot of back and forth
comments being made in order to hear the concerns of our residents directly and
explain to them what will be happening in the next weeks and months ahead. That
was one of the top discussion pieces of what was going to happen from this point
forward from that meeting. Secondly, the Good Neighbor Program that was
initiated by the State Department of Agriculture started as of December 1, 2013.
This programs provides for pre and post disclosure of Restricted Use Pesticides and
the establishment of a one hundred (100) foot buffer zones. Now, I am happy to
report that all of the companies starting with two (2), three (3) — all of the
companies on our island have gone over and above the State volunteer disclosure
program by informing adjacent residents of pesticide pre-application plans through
weekly phone calls if the resident chooses to opt in. They and other companies are
also doing small group meetings with community members to introduce the Good
Neighbor Program. So, the effort is moving. It is happening and I said that from
the beginning, that we are going to work together. I know there are objections to
this program that it does not go far, it is not enough, and it is not happening, but all
I can say is that something is in place, we are previously moving, this is a step in
the right direction, we have a good understanding of what needs to be done, and I
think some of the companies are also looking at what I said earlier, over and above
what is in place right now.
Our office has received several inquiries and complaints regarding pesticide
use by some of the companies participating in the Good Neighbor Program and we
have developed a list of contact numbers, not numbers from the mainland, local
numbers that we can call and get good information. So, a list of contact numbers
and E-mail addresses have been done and I properly refer these inquiries to these
numbers and contact E-mails. I also plan to meet with the companies who are
participating in the Good Neighbor Program very soon. I want to hear what is
happening because they just did it. They are moving. To hear them directly on how
they are implementing the program. I can assure you that during the meeting I will
be encouraging them to do as much as possible even beyond what is outlined and I
kind of said that earlier, in the Good Neighbor Program to address the concerns of
COUNCIL MEETING 16 DECEMBER 18, 2013
the community. I have also asked Governor Abercrombie to convene a meeting with
our four (4) Mayors so that we can discuss our unique and shared pesticide issues
directly with the Governor's staff, the Department of Health, the Department of
Agriculture, and the Attorney General. This meeting is happening on Friday. You
may have read earlier this week that the Governor has proposed restoring eight (8)
positions and budgeting an additional one hundred eighty-eight thousand dollars
($188,000) for the Department of Agriculture's Pesticide Program. We will be fully
supporting this proposal in the next legislative session. Another thing we have
been doing is thoroughly exploring the possibility of pro bono legal services in the
event that Ordinance No. 960 is challenged in court. We have conducted a review of
legal and procurement issues. I believe we understand the conditions under the
conditions under securing pro bono services could be accomplished and we can share
that information with you at the appropriate time. There are many different factors
involved on how to manage this process. Like I said, I wanted to be here to share
and will continue to come back. I will tell you when I am coming back. I want to
come back with information ready and so I wanted to be here and Mauna Kea has
lots more details in what I just said, but there are a lot of discussions happening. I
look forward to the meeting on Friday and how we can collectively look at some of
the results of that meeting, come back home, see how we can manage ourselves here
and continue to dialogue and talk story. I would like to now, giving you that brief
overview, turn it over to Mauna Kea who can give you an explanation of the
proposed timeframe for the Administrative Rule process. We have kind of looked at
it administratively, all of us, back and forth to see how close we can be knowing that
as I stated before, that the timing of nine (9) months is stretching it, but we are
going to try. If you see what we have done to-date, you will understand why it takes
time and why we cannot rush things in what involves people's understanding how
this things can really move forward in a very positive way for the betterment of all.
So, Mauna Kea.
Chair Furfaro: Excuse me, Mayor. Before we go there, may
I ask you on behalf of the Council that your Office of Economic Development as they
develop this information from the State, that you use Jenelle Hughes from my office
who managed the Bill from this as the contact person for some of these phone
numbers, the website, and so forth because I have been asked like on the State's
initiative of their voluntary compliance and so forth. How do we get general
information from them? What website are we referred to? What phone numbers
are there? If I could indulge on you to ask you could have your Office of Economic
Development keep us informed through Jenelle. I would really appreciate it.
Mayor Carvalho: Yes, we will keep your information moving
towards Jenelle.
Chair Furfaro: Thank you, Mayor.
MAUNA KEA TRASK, Deputy County Attorney: Thank you, Chair
and honorable members of the Council. For the record, Deputy County Attorney
Mauna Kea Trask on behalf of the County of Kaua`i. Ever since this law was passed
on Saturday, November 16, 2013, the following Monday we started working on it. I
started contacting various interested parties to try to convene working groups in
order to work on this timeline or work on these rules that Monday,
November 18, 2013. We are beginning to work on drafting the Rules on
November 22, 2013. The next schedule is December 1, 2013 to January 30, 2014,
meet with various groups. This is my work product so the terms, I do not mean to
insult anybody or create labels. It is just for lack of a better word for myself. I have
COUNCIL MEETING 17 DECEMBER 18. 2013
come to learn that people do not appreciate these titles, but I apologize for that.
Meet with various groups, residents, farmers, and businesses to familiarize them
with the process of administrative rule making. I have had two (2) meetings so far,
actually three (3). One on December 10, 2013 with one group, December 11, 2013
with another, and I also had a farmer who came on December 12, 2013. He came on
the wrong day, but I sat down with him personally and went over everything
individually. So, work on drafting the rules. Currently, it is approximately
seventeen (17) pages. Hopefully by February 28, 2014, I plan to complete the first
draft of Administrative Rules and after that meet with various groups from
March 1, 2014 to March 31, 2014 to get their input on draft rules. I have also
encouraged the various groups and members of those groups to draft their own
rules. What would you like to see? What do you want these Administrative Rules
to look like? I take everything in and try to merry everything together in a rule
packet that either everyone agrees upon or can live with at least. This is the same
process we took in drafting the Peddler's and Concessionaires rules with the
Department of Parks & Recreation. April 1, 2014 to April 30, 2014: finalize the
draft rules and prepare the Small Business Impact Statement. This is going to be
essentially a two-tiered process. The first is because these rules will affect certain
small businesses, and I am not talking about the larger agricultural companies, but
commercial agriculture entities that have less than one hundred (100) full or part
time employees are defined by Hawai`i Revised Statutes (HRS) 201(m). When you
do rules that potentially affect small business, you have to go to the Small Business
Regulatory Review Board (SBRRB). It is a State Administrative Advisory
Committee. You go to Honolulu, you prepare an impact statement, you present to
them the draft rules, and then they comment on it. If after the first meeting they
approve it and they go to public hearing, you move onto public hearing. If they have
some input or someone disagrees with the draft rules, often times they send you
back to get more input and comply with the statutes which requires you to consider
— it does not mandate a decision, but it mandates consideration of less restrictive or
creative alternatives to accommodate for small business.
We are targeting approximately May 15, 2014 to have the hearing with the
Small Business Regulatory Review Board. If the rules pass, then to move onto final
rule making procedures. If they do not pass through Small Business Review, we go
back and make necessary changes and/or further consider issues raised.
May 19, 2014 if they pass, then we post the draft rules for finalization at a hearing
set for thirty (30) days later. That is pursuant to Hawai`i Administrative Procedure
Act. I believe it is 91-6 or 91-3. Then June 19, 2014 have the final rules hearing.
This is the public hearing just like any Planning Commission or Council Meeting. If
they pass after that meeting subject to approval of the Mayor and then you file with
the County Clerk and the Lieutenant Governor's Office. So, the anticipated
completion date is approximately mid-June. I did prepared a draft timeline that I
passed out to the attendees to those two (2) meetings on December 10th and
December 11th and after meeting with them, they had a lot of good suggestions.
Concerns were raised regarding self-regulation and existing Federal programs that
have thirty (30) party verification for disclosure. Louisa Wooton had a couple of
good suggestions in how to verify and inspect buffer zones. Concerns were raised
regarding trade secrets. Concerns were raised by some farmers regarding
reclassification of pesticides. As you all know,
p y the State can reclassify pesticides
that are currently General Use to Restricted Use. So, farmers that right now
purchase General Use Pesticides could in the future, those pesticides could be
reclassified as restricted and they are concerned that if midway through the year a
pesticide is reclassified, how then do you address that? That is an issue to address
in Administrative Rules. A lot of issues come up in these rules that need to be
COUNCIL MEETING 18 DECEMBER 18, 2013
addressed and should be addressed. That is why the dates have changed a little bit
between what was previously handed out to the public, but we need that flexibility.
Again, the nine (9) months is the date that we are shooting for and we will try to do
everything we can in that timeframe. I think that is about all that I have at this
point. Thank you very much.
Chair Furfaro: Was the Managing Director going to make a
presentation?
Mayor Carvalho: No. Again, that is our presentation. This is
just an update on where we are at, what we are doing, and like I said, there are
efforts moving both sides in trying to make the move forward in the timelines that
we have placed before you. We are trying to stick to that timeline, but I just want
to be clear that there are a lot of"ifs" in there. If this is going, if this can go, if this
passes, and if there are no more concern from whatever. The companies are really
stepping forward and going over and beyond some of the things that they are doing.
In the meantime, we are trying to work closely with all groups, all of the entities in
this community from all sides; the farmers, the non-farmers, and now working with
the school. We are trying our very best to get a good overlay of all of the different
focus groups, in the meantime with the residents, and so I am looking forward to
my meeting with all of the companies. We have a relationship to see where we are
going and same thing with everybody else. Our Attorney's Office is doing what they
need to do, but be assured that this is not a simple process. It is very lengthy and
cumbersome and a lot of effort has to be put into this, which we will do what we can
do and still maintain the business operations that we have to do for everything else
that is happening in our beautiful island of Kauai and try to really promote and
complete so of the bigger projects that we have. That is it. Thank you very much.
Chair Furfaro: Mayor, I want to reiterate the questions that
I posed and I will work with Nadine to get the websites and other information.
Mayor Carvalho: Yes.
Chair Furfaro: So that our office, through Jenelle, is well
informed on the progress. I am going to refer to this piece over here as kind of the
first step in the critical path to get there and I am going to ask you also if
Councilmembers have questions about the evolution of this, may they meet in pairs
with Mauna Kea?
Mayor Carvalho: Yes, they can meet with Mauna Kea.
Chair Furfaro: Because there is a lot of"ifs" out there and I
do not want this morning to be one well, if this happens, if this happens, and before
you know it, it is lunchtime and nobody really understands the whole foundation.
During the period of time that we are dealing with this critical path, if Mauna Kea
can be available, I would appreciate it very much so.
Mayor Carvalho: Yes.
Chair Furfaro: Now, I am going to ask Councilmembers if
they have a few questions for you before we go to public comment. Mr. Hooser.
Mr. Hooser: Good morning, Mayor.
COUNCIL MEETING 19 DECEMBER 18, 2013
Mayor Carvalho: Morning.
Mr. Hooser: Thank you very much for being here and
offering this presentation and all of the hard work that you and the Administration
are putting into this right out of the gate. So, I appreciate that and I know
members of the community really appreciate you doing that as well. A couple of
statements that I just want to clarify. It is my understanding that the Ordinance
says that rule making may occur. It was not a requirement of the Ordinance and
you stated that the implementation of the Ordinance would happen once the rules
were complete. I know of many Ordinances that do not have rules or rule making
processes that have gone on for a number of years and never ever been passed. So,
it is my understanding that the Ordinance, nine (9) months from approval, becomes
law with or without the rules and the rules would certainly be helpful, but the
Ordinance would be in fact law and the law of the land nine (9) months from
approval. Is that your understanding also?
Mayor Carvalho: It is my understanding, but at the same
time, I feel strongly that it is in my hands now to bring it back to you and say, "This
is the process that I have had to go through." I feel strongly that this rule making
process is important like how I have laid out. If you choose to not follow, I am
hoping we can continue to dialogue and work together, but I am going to take my
responsibility and if you are going to say may or shall, then that is okay. For us, for
our Attorney's Office we are going through this rule making process and I am
hoping that we can all agree on that.
Mr. Hooser: It is a point of law that I want to everybody,
Councilmembers, the audience, and the people are watching are clear that the rule
making is important, but the Ordinance is a law that is in effect regardless of
whether the rules are completed or not.
Mayor Carvalho: So, I will defer to you.
Mr. Trask: Well, yes. The law per its terms, takes effect
in nine (9) months.
Mr. Hooser: Could you speak a little louder please? I
cannot hear.
Mr. Trask: The law, per its terms takes effect in nine (9)
months. That is clear. It is approximately August 18, 2014, I believe, is the nine (9)
months. There is a question about and this is what we are addressing right now in
the rule making process. It is true the law has stated, it says what it says, but its
ability to be implemented is a question that we are looking at right now. Yes, it is
going to be in effective law, but there are a lot of details that are not addressed in
there that need to be addressed in order for not only ease of compliance with those
people being regulated or companies being regulated, but also ease of
understanding and not compliance, but for the general public who are legally savvy
in order to know what they need to do, how they need to do it, how they can sign up
for the pesticide preapplication notification, what does that mean, where to get the
forms, who to send it to, and what addressed to send it to. Without those kind of
details worked out, although the law will be in effect, it will be difficult for people to
sign up. They will not know where to go and where to send it. For instance, if no
one signs up to be on the mass notification list, there will be no violation of failure
to give a notification on a set mass notification list. We have to inform people on
COUNCIL MEETING 20 DECEMBER 18, 2013
how to do that. You can get a really detailed nitty-gritty discussion, but the point is
that we are moving forward and we are going to try to achieve this by
August 18, 2014.
Mr. Hooser: Right.
Mr. Trask: Or August 16, 2014.
Mr. Hooser: I understand it would be very good to have
comprehensive rules and complete rules in place prior to implementation. My point
is that implementation is still the law and it is still the Administration's
responsibility to implement the law on August 19, 2014 or whatever that day is. If
rules were not complete, it is my understanding that in other laws for example, the
Departments or the Administration just says this is how we are going to do it while
you are working on rules. It does not stop the law from being implemented. That is
just the point that I want to make, that they are not necessarily tied together. As
much as we would like to have them, there are many instances where rule making
has been tied up for years. Individuals can just say, "I am not going to prove it,"
different people do not pass it, and so I do not want the public to think that it is a
possibility of if it takes years to do rules that this is never ever going to be
implemented until the rule making. So, that is what the point was. The other
question I had if I could...
Mayor Carvalho: Can I just respond to that? I just want the
public to understand that is why and I do not want to go backwards, I want to go
forward, but I did request to give me more time to look through the process so we
can really vet out a lot of the information before we make this become law, before
we decided that nine (9) months...Who said nine (9) months? What if I asked you
for one (1) year or a year and a half (1O)? I am not going to go backwards, I just
wanted to make that point, that it was just done so we have to be careful how we
move forward. I do not want to be rushing because I really want to do a good job on
following through on what we have to do. I just want to make that statement. Your
next question?
Mr. Hooser: I just have two (2) questions, Chair, and then
I think I am probably done.
Chair Furfaro: You have the floor, Mr. Hooser. Go ahead.
ALFRED B. CASTILLO, JR., County Attorney: Excuse me. I need
to clarify something. Good morning Council Chair and Councilmembers. Al
Castillo, County Attorney. What is important here is I just want to make sure that
everyone understands that when you have an Ordinance that has attached to it
criminal penalties, it is really important that there are rules and the importance of
P Y P P
the rules and the rule making process is guided by our Fourteenth Amendment, our
right to due process. That is the reason why it is important that we formulate the
rules so that we protect our citizen's rights. I just wanted to make sure that we
have that understanding and that is why it is a little bit sensitive. Thank you.
g Y Y
Chair Furfaro: Mr. Hooser, you still have the floor.
Mr. Hooser: Okay. I think we all acknowledge that rules
are important. The two (2) questions. The one question that I had, you mentioned
the Good Neighbor Program and I am also very pleased to see that moving forward.
COUNCIL MEETING 21 DECEMBER 18, 2013
It was reported in the Garden Island newspaper that it is not only voluntary, but it
is verbal. Do we have anything in writing from these companies that signed MOUs
or any documents at all laying out what the program actually is?
NADINE K. NAKAMURA, Managing Director: I believe on the
island of Maui.
Chair Furfaro: Nadine, you have to introduce yourself on
that side of the rail. You still have to introduce yourself.
Ms. Nakamura: Thank you for that reminder. Nadine
Nakamura, Managing Director. I believe on Maui there is an actual Memorandum
of Understanding between the County and...
Mr. Hooser: You have to speak up.
Ms. Nakamura: ...and Monsanto. Here, it is a voluntary
program and it is not in writing. There is a guideline that was established by the
State of Hawai`i and that is in writing. The voluntary program guidelines are in
writing and that is what we understand is being followed by the five (5) companies
on Kauai where it is applicable.
Mr. Hooser: For the record, I want to just acknowledge
former Council Vice Chair Nakamura did a fine job on her first discussion across
the table here with myself. Thank you very much for the answer and for being
willing to take on the job that you are taking on right now. I know there is a lot
going on.
Ms. Nakamura: Thank you.
Mr. Hooser: Thank you. The other question, Mayor, is
last year during the Legislative Session, you opposed several Bills and I thank you
for doing that. The Council Chair opposed and many members of us wrote
testimony opposing Bills attempting to preempt the Counties, take away our
legislative authority and you opposed those in writing and we expect those attempts
to preempt the County again this Legislative Session. I was wondering if you are
going to be also opposing those Bills again this Legislative Session.
Mayor Carvalho: We are in discussion right now on that so I
will let you know.
Mr. Hooser: What was that answer?
Mayor Carvalho: We are in discussion. I am in discussion with
our team right now on that.
Mr. Hooser: So, you are not sure if you are going to be
opposing the attempts to preempt the Counties or not?
Mayor Carvalho: I will inform you what my decision is soon. I
am just gathering information.
Mr. Hooser: I cannot hear you. I am sorry.
COUNCIL MEETING 22 DECEMBER 18, 2013
Mayor Carvalho: I am gathering information right now on
what I would like to do in supporting or not supporting it. So, we are working
through that right now.
Mr. Hooser: Thank you.
Mayor Carvalho: We have our package and our information
coming forth soon.
Mr. Hooser: To all of you, I have a hard time hearing and
I think people in the audience and people at home have complained to me too. So, if
I can just encourage you to...
Mayor Carvalho: Really? Because I have been accused of
being talking too loud sometimes. So, I will talk loud. Go ahead.
Mr. Hooser: Thank you. That is all that I have for now. I
will let some other Councilmembers go. Thank you.
Chair Furfaro: Again members, this is the first report. So,
let us give them time to develop this critical path. Mr. Bynum, you were next and
then Councilmember Yukimura.
Mr. Bynum: Thank you, Mayor, Mauna Kea, and
Ms. Nakamura. Thank you very much for being here. Thank you for the report. It
is all appropriate. It is all good. I appreciate the work and the effort. It is exactly
what I would expect from my Mayor and you are going above and beyond by
bringing this report to us proactively and I appreciate it. The Administrative Rules
are important and so I do not disagree with anything you have said here today. I
just think it is important that the State and the County continue to work on parallel
tracks. All of this activity from the State which I have been begging for from them
for more than twelve (12) years is encouraging. A lot of people thought it was to
preempt us and maybe that was the case, but I love the attention and energy and
our efforts is to work collaboratively with the State and with you. This is great
precedent that you are setting engaging with the Council on a personal level like
this with your staff. I think it is a really good development for our community and
you deserve a lot of credit for that. We do Administrative Rules on some laws and
some we do not. We should do more. Clearly these are critical and important to
this process, no question whatsoever. This level of scrutiny and education for the
community on these particular Administrative Rules is good and encouraged. I do
not have any complaint with that process as long as we are collaborative. My only
question really is about the meeting on Friday. Can you tell me more about this
meeting with the Governor and I will just say it right out, I want the Governor to
have a balanced perspective. I have never spoke with him since this whole process
started and I want to know how did this meeting came about, who is present, and
what the purpose is? It is all good. I just want more.
Mayor Carvalho: It is something that I told you folks from day
one (1) when I sat here and I said I would make every attempt if you gave me the
time to make outreach, talk to whoever I need to, and get people to the table. I have
been very consistent and this is just a follow-up to what I said two (2) months ago,
that I was going to meet with the Governor, I was going to work with the
Department of Agriculture and see what we can do. It is all about relationships and
COUNCIL MEETING 23 DECEMBER 18, 2013
getting information flying. It is just a meeting and like I said, the Mayors are
coming and we are trying to collectively pull together information collectively.
Mr. Bynum: And that is great. I support that. It is not
your responsibility, but my concern is the Governor is not getting input from all
sides of the issue. I hope you are going to attempt to do that, but it is your meeting,
right?
Mayor Carvalho: Right.
Mr. Bynum: It is not a community meeting. That is fine.
Great. I appreciate all of this effort.
Mayor Carvalho: I just wanted to share with you that I am
following through on what we said.
Mr. Bynum: As long as we are communicating and
working on a parallel track, we are all working towards successful implementation
of the Ordinance. So, it is nice to be on the same track. Thank you.
Chair Furfaro: Councilmember Yukimura and then
Mr. Kagawa.
Ms. Yukimura: Good morning, Mayor...
Mayor Carvalho: Morning.
Ms. Yukimura: ...Mauna Kea, and Managing Director.
Thank you for this briefing. I think it is wonderful that you are continuing the
direct communication and I also appreciate all of the work that is going into this. I
also appreciate you sending us the appropriation Bill on the EPHIS, Environmental
and Public Health Impacts Statement because that is where the rubber meets the
road, that we would have money to do the study. So, thank you for that Bill which
is going through our Council process. As far as implementation of Bill No. 2491,
Draft 2 or Ordinance No. 960, as you pointed out, there are three (3) parts;
disclosure, buffers, and the EPHIS, but within disclosure that are several parts too,
right? It is those who live in the area, street disclosure or posting, and post
application disclosure. It is the post application disclosure that to me, is really,
really important indeed even for the work of the EPHIS, that we know when, where,
and what is sprayed. I know that now Managing Director, former Vice Chair and I,
we really tried to make that part easily implementable and we had a lot of dialogue
with the industry to make sure it could be easily implementable from their side. So,
that part seems to me, could be implemented today if there is a voluntary consent,
but for sure as soon as the law takes effect. It should be implementable because
what it seemed like was data they already collect and reconcile on a weekly basis
sent to us on a pdf and put on a website so it is available to everyone. To me, that
can be done without rules and it probably can be devised in a one (1) month period.
I would like to ask if your Administration would at least see if you can get voluntary
consent so the industry can start even before the nine (9) months. That is great. If
not, as soon as the law takes effect, can we have it implemented so all of us can go
to a website and look at the weekly reports?
COUNCIL MEETING 24 DECEMBER 18, 2013
Mayor Carvalho: Well, let me just say that today's briefing is
as far as we have come and we will take that into consideration. I know there are a
lot of other issues that we have to talk about, but go ahead Mauna Kea.
Mr. Trask: Thank you. Again, for the record, Deputy
County Attorney Mauna Kea Trask. Councilmember Yukimura, you make a good
point regarding it does seem easy to implement this law as it stands, but in looking
at...
Ms. Yukimura: Not the law. I am sorry. Not the law as it
stands, just that portion.
Mr. Trask: Just that section, yes.
Ms. Yukimura: Right.
Mr. Trask: Okay. We can talk about that section. In
going to the meeting, the community seems to be concerned both about the pesticide
pre-application Good Neighbor notices as well as the post. The reason why is
because some people want to know in advance of the week what is going to be
sprayed, when and where and also after it is done, what was sprayed, when, and
where. As you know, with the pesticide pre-application notice there is also an
unforeseen pest threat necessary application notification which is if the weekly
schedule of the pre-application notification does not contain an unanticipated
application, then those people are informed twenty-four (24) hours after the
application. One of the difficulties is when you look at a base level, how does one in
the community that is an interested person as defined, which is a property owner,
lessee, registered beekeeper, or a person otherwise occupying within one thousand
five hundred (1,500) feet of the property line, how do they sign up for the mass
notification list?
Ms. Yukimura: Excuse me, Mauna Kea. That is not my
question. I am not asking about pre-application and I acknowledge that that is a
much more complicate part which may need rules, but I am asking about the post
application which is not selective to any member of the public. It is to be on a
website so everybody can access it. So, that is my question. If that portion alone
could be ready to go when the time comes?
Chair Furfaro: If I can just add on that. That was my
opening statement. Where do people look at the website for the voluntary
compliance that was in the Governor's presentation to be effective
December 1, 2013? Where do we look?
Mayor Carvalho: Right here.
Ms. Nakamura: Can I answer?
Chair Furfaro: Yes.
Ms. Nakamura: Under the Governor's Good Neighbor
Program, the post application reporting is done monthly. Under the County's
Ordinance No. 960, it is a weekly repost application reporting. The State program
involves reporting of Restricted Use Pesticides and I believe the County portion also
includes all pesticides. The amount of information I think, the County's is a little
COUNCIL MEETING 25 DECEMBER 18, 2013
more extensive than what the State program requires under the voluntary program,
but timing wise, the first report is a monthly report. It should be done fifteen (15)
days after the end of the calendar month. So, because the program started
December 1, 2013, we would expect by January 15, 2014 it will be posted on the
Department of Agriculture's website.
Chair Furfaro: Yes.
Ms. Nakamura: And that is the process that from now until
August 18, 2014 when our program is up and running, let us see how this is
working and then we will be adding to that data on the website. I think we should
be able to at least see the results of this initial program and then see if there is
room to expand that data or make that transition to the County website.
Ms. Yukimura: That is being done without rules?
Ms. Nakamura: Correct.
Chair Furfaro: It is voluntary.
Ms. Nakamura: That is correct.
Ms. Yukimura: So, we do not necessarily need rules to do
that and in fact if that is already happening. Does the State voluntary program
include location by field?
Ms. Nakamura: It includes operator entity, total volume of
Restricted Use Pesticides (RUPs) used, Environmental Protection Agency (EPA)
registration number of product, total area covered by acres, and report date.
Ms. Yukimura: But it does not show location of field or
where it is being sprayed?
Ms. Nakamura: That is correct according to this outline. We
can make copies of this available to you.
Chair Furfaro: We would like that and we would like it sent
over to us in a correspondence from the Administration to the Council, but you have
answered my question. State Agriculture Department, and January 15, 2014 we
should be able to find that. I did not mean to interrupt you Councilmember
Yukimura. I just wanted to...
Ms. Yukimura: That is fine.
Chair Furfaro: That was the initial question, where do we
look?
Ms. Yukimura: Right, and it is good. I do not mind that it is
the Department of Agriculture's website assuming that it is clear where in the
website it is, but the location is very important because otherwise it is going to be
amount used by a company over a month's period of time but we do not know where
in the thousands of acres it is being sprayed. I recall from Bill No. 2491, Draft 2
discussions that there was supposed to be a field map and a location of where the
spraying was occurring. Mayor, I believe the County requirements are much more
COUNCIL MEETING 26 DECEMBER 18, 2013
useful especially if you are trying to understand impact. I am hopeful that can be
ruled out immediately when the law takes effect.
Mayor Carvalho: Let me just say that there is a Good
Neighbor Program in place, right, as we just shared from the State level. There is a
Good Neighbor Program in place from the State level.
Ms. Yukimura: Thank you.
Mayor Carvalho: But on the County's side, we are trying to
work it now as we speak. That is why I am coming here before you to see this is
what they have in place. Chair, I misunderstood your question. You are asking me
what are we doing, but what I should have said is the State already has a Good
Neighbor Program in place, these are the requirements; however, we are working
closer with the seed corn companies now to see how we can match that up or
enhance it or whatever we have before us and add whatever additional comments or
ideas that you folks may have and others may have. Similar to what Mauna Kea is
doing, he is doing a focus group. We are gathering information you folks, in trying
to figure out what is the best way to see what we have in place and go to this
website currently in place. I am going to be meeting with the Department of
Agriculture to understand that too. How can we enhance that? Where do we go?
All of that is all forthcoming, but today was to kind of give you a quick update since
the 16th of November, this is where we are at.
Ms. Yukimura: So, Mayor, the answer sounds like yes to me.
Mr. Trask: I just want to...
Ms. Yukimura: And I appreciate that.
Mr. Trask: I just want to add that that specific rule does
require Office of Economic Development (OED) to develop a standardized reporting
form which we would develop before.
Ms. Yukimura: Well that can be done in a month certainly.
Mr. Trask: Well...
Mayor Carvalho: Well, that is another — you folks keep saying
that, but there are other...okay. We are working on it right now.
Ms. Yukimura: If you include it in the rules and you have to
go a second round before the Small Business if they do not have any objections to
that part of the rules, I would assume you can implement one part or the rules
without the other.
Mr. Trask: These are all considered...
Chair Furfaro: Excuse me, Mauna Kea. I have to tell you
folks. This is the infancy of this program. What I wanted right here, I wanted the
information that the State gave to us on the voluntary program, where do we look
at and when do we start looking. That is January 15, 2014.
Mayor Carvalho: Yes.
COUNCIL MEETING 27 DECEMBER 18, 2013
Chair Furfaro: I gave you an opportunity to meet with
Councilmembers in pairs, but I also want to find out who in the audience wants to
speak. This is the very early stages of this and I think people in the audience want
to know also the voluntary program was there, where do we look? We have that
question answered now. I think the Mayor is commenting that as we go along, we
are going to do further refinement that meets with the outline of the County
Ordinance. I do not want us to solve all of the pieces here in the first report when
the first report does not explain the detail in the critical path yet. So, members,
JoAnn, I apologize again, but let us not turn this into solving all of the details for
today and let us hear from — there might be people here from the seed company that
want to tell us what they are doing, there might be other people that might have
asked the same question I have. Where do we look and when do we start looking to
get information from the State? Let us stay focused on that and that would be my
desire.
Ms. Yukimura: I am complete. Thank you.
Chair Furfaro: Thank you. Mr. Kagawa, you had your hand
up.
Mr. Kagawa: Thank you, Chair. First of all, I want to
thank you for the update in such a quick manner. I just want to clarify that the
State — or this is a question. They did not include rule changes because they do not
have stiff fines of penalties, right? I mean, is that not the reason with the voluntary
program because as the County Attorney, Mr. Castillo said, you want to do it right
and have the rules changed because we have to respect the Fourteenth Amendment
to due process. I guess if we want to enforce a law that is done well, not just enforce
fines and penalties, you are not following the law, and then when we go to court we
have all of these violations, right?
Ms. Nakamura: Yes, and because there are civil fines, ten
thousand dollars ($10,000) to twenty-five thousand dollars ($25,000) per day per
violation and then there are also fines for criminal penalties up to two thousand
dollars ($2,000) or imprisonment not more than one (1) year or both for each
offense. That is why the rules are important.
Mr. Kagawa: Well, I guess that is why I actually applaud
you for having this update and telling us the real story as to how to do something as
well as you can foresee because we would not want to be putting our taxpayers on
the hook for a lot more litigation. Thank you. I support you in doing it right and
hopefully in the end we will have what we want for our residents and the proper
notification. I know I would think that using what the State has with this
volunteer program and adding to it as best is can. I do not know if we can have it as
perfect as Councilmember Yukimura wants it in nine (9) months with maps
showing exactly where it is going, but ultimately we want to do the best job we can.
It is easier said than done I think. I thank you. It is going to be a really tough job.
Thank you very much and mahalo.
Chair Furfaro: Vice Chair Chock.
Mr. Chock: Thank you. I think this question is for
Mauna Kea. Mauna Kea, I just wanted to clarify. I know you mentioned the
December 1, 2013 meeting with various stakeholders and you might have
mentioned who those eo le were, but I think for the community also who are those
P P Y
COUNCIL MEETING 28 DECEMBER 18, 2013
stakeholders? Are they the same people that you are going to be meeting in March
to get the input on the draft rules?
Mr. Trask: We had two (2) meetings so far. The first
meeting I contacted Fern Rosenstiel to assist me to get who would be interested. I
do not really know detailed who is who and where, but I am relying on people that I
have met throughout this process over the past six (6) months to assist me. I also
talked to Jerry Ornelles and Randy Francisco to help me get attendees to attend
and also to get people to come from, for lack of a better term, what I called a small
business or small farmer group. The thing about this process at this point, the law
does not mandate that I meet with anybody but small business owners, specifically
those affect by it, but we have learned that in promulgating Administrative Rules it
is good to be inclusive at the start. So, that is what we are trying to do. At this
point, I do have lists of who did attend. I would be happy to share them with you
personally at a recess. The only reason why is I am not sure if some of these
attendees would appreciate me saying their name at this point. They are not people
who necessarily came out during the process and I would hate to offend them and
make it more difficult to consult with them later if they will find out their name is
going to be on the floor. We can talk about that and I would ask you that courtesy.
Mr. Chock: I appreciate that. Really, the question is just
to see what the process is and identifying those stakeholders to ensure what you are
talking about which is inclusiveness. I appreciate that. Thank you.
Mr. Trask: Definitely.
Chair Furfaro: Members, Mr. Bynum wanted the floor for a
second time and then I plan to see if there is any public testimony on the early
stages of this plan. Mr. Bynum.
Mr. Bynum: Just one follow-up. I think this is all great.
I said that earlier, but I want to be clear to the community that Ordinance No. 960
goes into effect. We have to be ready to deal with it and you are showing great due
diligence towards that, but this law applies to people and their behavior, the
companies that are involved, and they must comply when this law goes into effect
unless the courts will intervene. On that day, they have to start complying.
Hopefully, we will be ready as Council to do it. You kind of went into some of the
details that we have to work out over in the ensuing months and I will want to be
engaged in that process to level that it is appropriate, but at this point, let us be
clear, that is the law. You folks are taking the best tact about implementing it
because we have all been in this business long enough to see laws that within three
(3) weeks of applying and have Administration scramble, oh, how are we going to
deal with this in three (3) weeks? You folks are ahead of the game and that is great,
but make it very clear. This law goes into effect and those companies have to
comply. They have to start delivering the reports, they have to not spray in buffer
zones, and they have to do those things. I think we can all agree on that. The
question is how prepared are we and you folks are making a great start. Are we in
agreement about that? I mean, this law does not just apply to the County and our
behavior. It applies to others and their behavior, correct?
Mayor Carvalho: And we will be including them in the
discussions as we move forward.
Mr. Bynum: Which is great.
COUNCIL MEETING 29 DECEMBER 18, 2013
Mayor Carvalho: And giving them the chance...
Mr. Bynum: This discussion about well, can we
implement this part of not? We will implement it. You are going to be prepared in
the best manner, but if for some reason the Administrative Rules do not, you can
unilaterally say well, we are going by these rules until they get fully applied and
that is part of due process too. You are demonstrating that by being here today.
Thank you. I just want to be clear though for the community, this law goes into
effect, those companies have to comply, and they are potentially subject to the
penalties. I believe they will comply and we will not get to that perhaps ever, but
we will see. Thank you.
Chair Furfaro: Okay, that is the end of the question time,
but I want to give Managing Director Nakamura the floor for a second because I
want to make sure we, this Council, my Legislative Analyst, and the Administration
are clear. We really want to use Jenelle Hughes as our conduit. If I can get a
confirmation and you have the floor, Nadine. Go ahead.
Ms. Nakamura: Yes, we will work directly with Jenelle with
all communications and also just wanted to clarify that the Money Bill that was
sent over is solely for the joint fact finding study process, the first phase and not the
second phase of the process. Just for the public's clarification. Thank you.
Chair Furfaro: Thank you, Nadine. Mayor and your staff,
thank you very much for this initiative to update us. I assume we will see you
sometime in February again maybe. Okay, very good. Thank you very much.
Public comment. Is there anyone that wants — this is very early on in its stage. We
do not have all of the particulars. I see a hand in the back. Please, stand up and
come up.
There being no objections, the rules were suspended to take public testimony.
Mr. Kagawa: Chair, we have an awful lot of people here for
Coco Palms. I really would appreciate it if we could maybe somehow get to that
item. I know Uncle Larry was waiting the last time and he waited so long that he
could not even speak.
Chair Furfaro: Well, that is the nature of our business, but I
understand your point.
Mr. Kagawa: Thank you.
Chair Furfaro: I have already told the Clerk when we get
through this one, I am going to at least go to the Committee Report on Coco Palms.
So, just give us some time. Go ahead, my dear.
K. HOKU CABEBE: 0 woo Hoku. Mai Wainiha mai ao. I just
wanted to speak a little bit from the community perspective working closely with a
lot of our affected West Side ohana as well as having a daughter who goes to a
school located very closely. The reason why I am here is because of the fear of what
is going on next to her school and since finding out in the beginning of summer
about this and now it being the end of year. I have only gotten more fear, no resolve
even since the Bill passing, it has gotten worse. I recently went up to Koke`e and
did a drive with one of my good friends from Makaweli. She showed me how since
COUNCIL MEETING 30 DECEMBER 18, 2013
the Bill, they have moved further up the mountain, pictures are being posted of
actual long sprayers where the spray is coming out and the dust is floating up and
above. You say good neighbor, but the problem is still persistent and we are still
scared here. Only one (1) friend got a letter from Kaua`i Coffee on a group message.
I am attached to a lot of affected people and when those letters went out, only one
(1) person got a letter from Kauai Coffee. No one that I know got a letter from
Syngenta or Pioneer. The only thing that has happened is they go into our schools
and they spread propaganda and tell our keiki how great they are. They invite our
Governor over from O`ahu and they invite all of our family members to big hotels
and give them nice awards. That is what has happened since this Bill has passed
and we are just waiting for — and I go to meetings and we talk and we talk and we
talk. It does not sound good. They bring up trade secrets again and they bring up
things that we are not worried about. We just want like our former Mayor, sorry
JoAnn Yukimura, said you bring up this big pretty paper, but where are you
spraying? I still do not know what you are spraying next to my daughter's school.
It does not even look like you are close to finding out and it does not feel like you
want to find out. I have been to meetings and it is just like being a meeting with
the company where they are just telling you, "Yes, we are doing something. Do not
worry. Go to school, go to work, and you will be okay," but it does not feel like that.
It does not. Please, again, I am reminding you folks do what it right. Do what is
pono. Pono is not hard, only when you are not pono is when it comes hard. Please.
Mahalo.
Chair Furfaro: Thank you.
KLAYTON KUBO: How is it Councilmembers? Klayton Kubo,
Waimea, Kaua`i. As far as I have seen, I have heard it all from Mauna Kea. He
called me up the day after the meeting in Waimea telling me go round up some
people that would like to come to a meeting, but I guess it is for my feeling, it seems
like steering in the wrong direction. Bill No. 2491, Draft 2, Ordinance No. 960 is
bottom line the right to know. When are we going to get that right? Man, it has
been years for me. Too much years, too much exposure, too much. It is just the
right to know. I guess if you are not doing the right things, then you do not want to
say. I guess that is that it boils down to, just like what Hoku said, they have been
expanding like wild from what I have noticed. Many people have noticed that too.
If they want to do the right thing, then please, tell us what they are spraying, where
they are spraying, when they are spraying, and how much they are spraying
because the Bill is the right to know. Ordinance No. 960, oh wow, big name.
Mahalo.
Chair Furfaro: I want to remind everybody in the audience,
the agenda item is not reliving the dialogue that led us up to the Ordinance. The
agenda item is the Administration's request to demonstrate how they plan to
implement the compliance. Parallel to that, we are trying to get information that
the State has already said December 1, 2013 they are implementing their volunteer
piece and we want to know so where do we go to look for the information. I want to
make sure we understand, that is what the agenda item is. You have the floor, go
ahead and introduce yourself.
STEPHANIE AIONA: Good morning Chair Furfaro and good
morning Councilmembers. My name is Stephanie Aiona. I am a Waimea resident.
I have been on the island of Kaua`i since 2005 and I am a native of Hawai`i. I want
to just say that you have seen so many emotional, from me as well, from all of us,
and this is a concern of the community as well as the State. The good news is there
COUNCIL MEETING 31 DECEMBER 18, 2013
is blessings in Bill No. 2491, Draft 2 in the way that a lot of us have come together
and talked. Maybe something on our side that we should have talked a little bit
more. I think if we want to say that we learned from this, we learned a lot from
this. I do want to tell you what we have been doing and I am only gin to speak for
Dow. I want to officially tell you that I am a contracted employee of Dow
AgroSciences so I am not an employee officially. Dow has met with Kaumakani
School. We had a very good meeting with Kate Klein. On the phone, we requested
to have anyone that she had any concerns with because he could not come to Kaua`i.
Mr. Neil Yamamoto who is Kamehamaha Schools Risk Management representative
was on the phone. We went over everything. We proceeded to provide maps. We
also gave information, whatever questions they asked, we provided. They asked for
an aerial map of our location which we color coded so that they would have the
information and they are very pleased. I followed-up with several five (5) or six (6)
memorandums making sure that there were no other concerns. As of this date, I
can officially report that they are very happy. We went to Gay & Robinson's offices.
We provided one hundred and ninety-seven (197) letters to all of the residents of
Kaumakani and Pakalas. We had a meeting scheduled. It was scheduled on a
Tuesday of a week ago. We invited everyone.one. We asked them to Response Very
Soon Please (RSVP), we followed-up with the offices that when they paid their
checks did they get the notice? They said, "Yes, they did." I talked specifically to
Ms. Robinson who works in the office and she said everyone got it, no one really
cared to come, but I do want to let you know that the Duarte family did come.
There were four (4) of them in presence, another lady who came late and a
Mr. Manini from the valley who was not a resident of our area, but we welcomed
Y ,
him and talked to him. There were six (6) people in the room. So, out of one
hundred ninety-seven (197) households, six (6) people showed. We went through
everything. We provided whatever they wanted. Mrs. Duarte asked if we could
give her a call. We identified where she lived in the camp, we called her the day
before we sprayed as we told her we would, we explained everything to them, and
they were very happy with what we said. I am going to do another mail out to
people on the Hanapepe area. I want you to know that collectively the seed
companies this week met with Mr. Freddie Woodword, Chief Operating Officer
(COO) of Kaua`i Veteran's Memorial Hospital (KVMH). He also handles the clinic
in Port Allen. He also handles Kalaheo and he handles Samuel Mahelona Medical
Hospital (SMMH).
Chair Furfaro: Steph, that was your time.
Ms. Aiona: Okay, but I do want you to know that we are
doing that, Jay. We are talking. Today is our hope to see Mr. Bill Arakaki. We are
meeting collectively so that we are not having everybody having
misunderstandings. For the people who just spoke, whatever companies that they
are concerned about, we are reaching out to everybody and we will talk to anybody
and we will show anybody anything. I am speaking on behalf of Dow, but I do want
you to know that other seed companies were in the room with the doctors and we
will be with the educators as well.
Chair Furfaro: JoAnn, you have a question.
Ms. Yukimura: Thank you very much for describing your
outreach.
Ms. Aiona: You are welcome.
COUNCIL MEETING 32 DECEMBER 18, 2013
Ms. Yukimura: I want to say that the people that I know
who live in Kaumakani have said they no longer smell or taste any of the sprays
early morning or whatever. They feel like there has been a real improvement.
Whatever you are doing, I am hearing positive results about that.
Ms. Aiona: May I just answer her? JoAnn, Mrs. Duarte
had a concern and we explained to here that it was a solvent in what we were
spraying months ago when she had the concern. What we did is when we sprayed
we actually went to her house and we showed her everything and she seemed to be
okay. We are not receiving any complaints and again, I am only speaking for Dow.
Ms. Yukimura: Thank you.
Chair Furfaro: Thank you. I want to make sure everybody
understands, if you are going to come up to speak, you need to speak about the
Mayor's proposal. That is what the agenda item is. Two (2) gentlemen in the back,
do you want to speak on the Mayor's proposal? Please come right up.
JOSEPH KAMANI: Aloha Council.
Chair Furfaro: Aloha.
Mr. Kamani: I am a descendent of Kamehameha. My
name is Joseph Kamani. Evidently there are laws that protect the people, the
water, and the land. United Nations laws, the indigenous laws, there is also
Federal and State laws that protect the waters and the lands, but nobody is looking
at that. All they are looking is for that green. The profit is cool, but the destruction
of the land is not. I honestly do not agree with everything that is going on with the
GMO, the contamination of water. The reason why I came to speak about all of this
is because I feel I have the right to speak for the people because that is what my
papa did. My papa was the person that went along and he surveyed the lands. My
other papa was the one that came around and picked up the taxes for everyone. My
tutu man was David Kalaukaua. So, I believe I do have a right to speak for the
people. All of this devastation and destruction of our land needs to stop. Yes, they
make all of these good laws and they try to make everything right, but what about
the people? They are the ones that hurt. That is all that I really have to say. I am
sorry for taking up your time, but I really do have to say that this has to be spoken.
Chair Furfaro: Thank you for your testimony, but since your
testimony was not focused on the implementation of the Mayor's controls...
Mr. Kamani: I understand.
Chair Furfaro: I want to make sure that you understand you
do have the right to speak, we appreciate your testimony, but we will have no Q&A
for you.
Mr. Kamani: Well, that is why I just came to explain this
because a lot of things that is going on especially with the GMO chemicals, the
contamination of the land and waters, and the diversion of the waters in the lands
to suit everyone else has to go. Enough is enough.
Chair Furfaro: Thank you for your testimony.
COUNCIL MEETING 33 DECEMBER 18. 2013
Mr. Kamani: Thank you.
Chair Furfaro: Was there another gentleman in the back?
You are not going to speak on the Mayor's Bill? Alice, you have the floor. I believe
you will be our last speaker. I have one (1) more speaker after you Alice.
Ms. Parker: Okay. Alice Parker. I want to speak to the
Mayor's timeline. We need to know now where the spraying is and we need to know
it beforehand because whereas I do not live on the West Side, I do go out to the
West Side and I have chronic obstructive pulmonary disease (COPD) not from
smoking, from cotising a parrot family birds which my father raised. Anyway, no
matter the cause, I need to know that there is clean air and if they are spraying out
there and people are not given notice, it is not fair. The other thing is you talk
about a website. Many of the people do not consult the computer, I am including
myself in that. Could you post notices before? Could they post notices before they
spray in places like the Post Office? I think they do not have in-home delivery. I
think they have to go to the Post Office, and the grocery stores so that people can
see. Large print notices beforehand. Thank you.
Chair Furfaro: Thank you, Alice. You are our last speaker.
ANDREA BROWER: Good morning Councilmembers. Thank you
to the Administration for your presentation for all of the work you are doing on this.
Just two (2) brief thoughts on it. The Administration's...oh, sorry. Andrea Brower.
The Administration has expressed very high hopes in its ability to work in a
voluntary nature with the industry. I would like to echo Councilmember
Yukimura's encouragement to the Administration to more immediately seek the
much more extensive and useful post disclosure as it is mandated in Ordinance
No. 960 before it actually goes into place in August. Second point, I am very
concerned to hear that the Administration would entertain the idea of reversing its
position on preemption and I want to encourage Councilmembers to be very vigilant
about the issue of Home Rule in this next Legislative Session. Thank you very
much.
Chair Furfaro: Andrea, I will be duplicating my testimony
that I did last year and the year before, that I am concerned about it.
Ms. Brower: I am relieved.
Chair Furfaro: That I am concerned about the Home Rule
issue. Thank you for your testimony.
Ms. Brower: Thank you.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: I want to say myself, Mayor, thank you for
giving us an overview for your staff, Nadine, Economic Development, anything you
can do to help us with a conduit to the State's compliance on their voluntary website
would be most grateful and Jenelle will continue to work with you folks to make
sure that we are well informed. But, thank you very much, Mayor. Members any
further commentary? If not, I have a motion and a second to receive, do I not?
COUNCIL MEETING 34 DECEMBER 18, 2013
The motion to receive C 2013-383 for the record was then put, and
unanimously carried.
Chair Furfaro: Thank you again, Mayor. Now, I would like
to go through a couple of housekeeping items very quickly with everyone. I am
going to defer Committee Reports for a while. I am going to defer claims for a while.
Item C 2013-384 I understand that Tom is going to come in the afternoon because
he is currently on vacation, so we will skip over that one for now.
Ms. Fountain-Tanigawa: Did you just want to handle it if there was
any questions from the members?
Chair Furfaro: No, we are going to come back to it. I want
to get through claims as I mentioned and on the Committee Reports, this is where I
would like to start in particular, on the Planning Committee's report and to see if in
fact we can get some clarity as it relates to the Iniki Ordinance and Coco Palms as
we all have seen some concerns raised in an E-mail that relate to the developer's
history and commitment. Could we read the CR-PL 2013-11: on Bill No. 2502?
There being no objections, CR-PL 2013-11: on Bill No. 2502 was taken out of
order.
COMMITTEE REPORTS:
PLANNING COMMITTEE:
A report (No. CR-PL 2013-11) submitted by the Planning Committee,
recommending that the following be Approved as Amended on second and final
reading:
"Bill No. 2502 A BILL FOR AN ORDINANCE TO REPEAL
ORDINANCE NO. 716, RELATING TO STANDARDS, PERMITS AND
FEES FOR WORK ON BUILDINGS, STRUCTURES AND PROPERTY
DAMAGED BY HURRICANE `INIKI,"
Mr. Rapozo moved for approval of the report, seconded by Mr. Bynum.
Chair Furfaro: At this time we have an opportunity to speak
to the potential developers on this item and I would like to invite them up if I may.
Mr. Kagawa: Mr. Chair? Thank you, Mr. Chair. Is the
plan to allow the public to speak after, whoever is waiting to speak on Coco Palms?
Chair Furfaro: What I would like to do is I would like to go
through the Committee Reports which the report starts with Planning and Coco
Palms and then I would go to the actual item that is on the agenda and we will have
public comment then.
Mr. Kagawa: You mean we will go to the actual Bill?
Chair Furfaro: Yes.
Mr. Kagawa: Okay, thank you.
COUNCIL MEETING 35 DECEMBER 18, 2013
Chair Furfaro: No captioning again? Eddie? I am very
sorry. We are going to have to take a recess.
There being no objections, the Council recessed at 11:41 a.m.
There being no objections, the meeting was called back to order at 11:42 a.m.,
and proceeded as follows:
Chair Furfaro: On that note, we are on Planning Committee
report. Gentlemen, you have the floor.
There being no objections, the rules were suspended.
MICHAEL BELLES: Good morning, Mr. Chairman and members
of the County Council. For the record, my name is Michael Belles representing the
Coco Palms Hui LLC. To my right is Mr. Tyler Greene and to his right is Mr. Chad
Waters, Principals of Coco Palms Hui LLC. I thank the Chair for allowing us to
come forward. The reason we had sent the Chair and the entire Council an E-mail
late yesterday is that we learned on Monday that there had been some public
statements and comments made about one (1) of the two (2) key representatives of
Coco Palms Hui LLC and we wanted the opportunity to respond to those comments.
The best of our knowledge, this is something that was originally first published in a
blog about, I will say several months ago and then to the best of our understanding
it was sent out again on Friday and brought to our attention on Monday. Once we
learned of this, we felt it was important to respond to it, not to make excuses, but to
give you factual responses as possible and without be belaboring the point as most
of us lawyers typically do, I would like to turn it over immediately to Mr. Chad
Waters who has prepared a statement which we will disseminate to all of you and
you can follow along with that and then ask any questions you have at the
conclusion of his statement. Thank you very much, Mr. Chairman.
Chair Furfaro: Thank you.
CHAD WATERS: Hi, good morning, Chair and Council. I need
to apologize first that I have a little bit of a cold and if my voice goes out halfway
through this, I am just going to pass the statement to Tyler to let him finish it. So
g J g g P T3' So,
let us see how I do through this. This statement is in response to an E-mail which I
assume was sent to all of the County Council members. The E-mail had a link to a
March 2007 article from the Silicon Valley Business Journal. First, I would like to
sincerely apologize that this issue has become a distraction from the main subject at
hand which is the Iniki Ordinance and the rebuilding of the Coco Palms Resort.
The article refers to an investment fund that I founded in 2004 that lost
approximately twelve million dollars ($12,000,000) by the end of 2007 and the
subsequent lawsuit. What was not reported was that the lawsuit was settled
shortly thereafter with all investors signing releases and everyone moving forward
with their respective businesses and lives. That is the end of that story. This was
simply a series of real estate deals done at the wrong time that was linked with the
housing bubble. There were no allegations of laws being broken or fraudulent
activities. Once again, it was simply a real estate investment that did not work out
as planned.
I would like to offer a brief background of my real estate development career.
From 1994 to 2004, all of the projects I worked on made significant returns and I
developed an investor following wanting to participate in projects. I am aware
COUNCIL MEETING 36 DECEMBER 18, 2013
enough to realize that an appreciating real estate market lifts all boats. 1995 to
2006 were very good years to be in the real estate development business. In 2004
and 2005, I offered the opportunity to existing and new investors to participate in
two (2) real estate funds that collectively invested in land throughout California.
The business plan was to acquire the land, get approvals, and then build out the
smaller projects and partner with builders on the larger projects. As the article
stated, his was not a unique business model. The investment funds were doing very
well throughout 2005 with another fund planned for 2006. At about this time,
another major development project in which I had invested a significant amount of
money needed my guidance. It was clear that I could not fulfill both of these
obligations very well. In December 2005, I made the decision to hire a new Chief
Executive Officer (CEO) to run the company and I moved to Vice President of Sales
& Marketing. By April of 2006, it was clear that my reduced role was still too much
of a time commitment. The investment fund hired a new Executive team and I
transitioned to work on the other development project. As of April 2006, I had no
management control or authority to direct the operations of the fund. The new
management team issued their first investor report in May 2006 with investor
returns projected at a twenty percent (20%) plus annualize return. By December of
2006, some of the investors grew impatient with the new management team and
filed a lawsuit to remove them. I was not named in this lawsuit and not a target of
the investors. After a few months of this process, the new management team
promptly quit, leaving tens of millions of dollars of assets without a management
team. The court immediately appointed a Receiver that started selling the assets.
The Receiver also filed an additional lawsuit against all of the Executive team
members, past and current, in an attempt to drag the Directors & Officers
insurance policy into the mix. The insurance company settled the lawsuit within a
few months with complete and full releases from all investors.
As many of you remember, the United States housing meltdown destroyed
trillions of dollars of real estate value. There was not a real estate developer that
was spared substantial losses at this time. This is really what we are talking about
here, a real estate deal that lost money. In my life, I make it a practice to be
grateful for as many things as possible, including finding the blessings that come
from what I initially perceive as negative events. I am grateful for the economic
meltdown for a number of reasons. First, it allowed a transition in my life that
allowed for my wife and I and our six (6) month old daughter to move to Hawai`i.
Secondly, I am grateful that the economic meltdown has taught me a number of
lessons on how to effectively develop property. The real estate market is currently
enjoying robust years. When the market does turn down again, I will be prepared.
I hope that I can apply any lessons learned from these events to current projects,
including the redevelopment of Coco Palms Resort. Once again, I would like to offer
my sincerest apologies that this issue has become a distraction for the business at
hand. I hope that I have addressed any concerns that you may have had and am
open to any and all questions regarding this or any other subject. Thank you.
Chair Furfaro: Thank you very much for reading and
submitting a written statement that should be part of the Committee Report as
well. Members, do you have questions here? JoAnn, you have questions?
Ms. Yukimura: I just want to thank you for giving your side
of the issue and clarifying things. I appreciate that very much.
Chair Furfaro: Any other members? I would like to say the
same. Thank you very much for clarifying what we had received and what in fact
COUNCIL MEETING 37 DECEMBER 18, 2013
clarified some of the things left as it relates to your role and any court orders. It is
much appreciated. Other members? No? Thank you very much.
Mr. Belles: Thank you very much.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: I guess at this point, I would like to be able
to go through and receive all of the Committee Reports, all of them.
Ms. Fountain-Tanigawa: Approve.
Chair Furfaro: And then go to the Coco Palms Ordinance.
Ms. Fountain-Tanigawa; This is to approve Committee Report
CR-PL 2013-11. I believe we have a motion and a second so we just need a vote on
it, Chair.
The motion for approval of CR-PL 2013-11 was then put, and unanimously
carried.
ENVIRONMENTAL SERVICES / PUBLIC SAFETY/ COMMUNITY ASSISTANCE
COMMITTEE:
A report (No. CR-EPC 2013-13) submitted by the Environmental Services /
Public Safety / Community Assistance Committee, recommending that the following
be Approved on second and final reading:
"Bill No. 2509 A BILL FOR AN ORDINANCE AMENDING
SECTION 21-9.2(D) OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT,"
Mr. Rapozo moved for approval of the report, seconded by Mr. Yukimura, and
unanimously carried.
PUBLIC WORKS / PARKS & RECREATION COMMITTEE:
A report (No. CR-PWPR 2013-19) submitted by the Public Works / Parks &
Recreation Committee, recommending that the following be Received for the Record:
"PWPR 2013-19 Communication (10/18/2013) from Committee Chair
Kagawa, requesting the presence of the Director of Parks and Recreation to
provide an update on all concession contracts, monthly revenues thus far for
Fiscal Year 2013-2014, and the status of the removal of the temporary
maintenance building that is located near the highway at the Wailua Golf
Course,"
Mr. Rapozo moved for approval of the report, seconded by Ms. Yukimura, and
unanimously carried.
ECONOMIC DEVELOPMENT (SUSTAINABILITY / AGRICULTURE / FOOD /
ENERGY) & INTERGOVERNMENTAL RELATIONS COMMITTEE:
COUNCIL MEETING 38 DECEMBER 18, 2013
A report (No. CR-EDR 2013-13) submitted by the Economic Development
(Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations
Committee, recommending that the following be Received for the Record:
"EDR 2013-11 Communication (12/05/2013) from Councilmember
Rapozo requesting agenda time to discuss the Transient Accommodations
Tax (TAT) and General Excise Tax (GET) to receive input and comments
from Councilmembers and the public in preparation for the Hawai`i State
Association of Counties (HSAC) Executive Committee Meeting to be held on
December 13, 2013,"
Mr. Kagawa moved for approval of the report, seconded by Ms. Yukimura,
and unanimously carried.
FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY /
SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION
DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE:
A report (No. CR-FED 2013-21) submitted by the Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee,
recommending that the following be Approved on second and final reading:
"Bill No. 2505 A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2013-754, AS AMENDED, RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII,
FOR THE FISCAL YEAR JULY 1, 2013 THROUGH JUNE 30, 2014, BY
REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND CIP
(Kaneiolouma Heiau - $805,000, Complete Streets Koloa/Poipu - $333,528,
Poipu Beach Park - $333,527),"
Mr. Bynum moved for approval of the report, seconded by Mr. Chock, and
unanimously carried.
A report (No. CR-FED 2013-22) submitted by the Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee,
recommending that the following be Approved on second and final reading:
"Bill No. 2506 A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2013-754, AS AMENDED, RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII,
FOR THE FISCAL YEAR JULY 1, 2013 THROUGH JUNE 30, 2014, BY
REVISING THE AMOUNTS ESTIMATED IN THE BOND FUND
(Kaneiolouma Heiau - $350,000, Heiau Contingency - $63,407),"
Mr. Bynum moved for approval of the report, seconded by Mr. Chock, and
unanimously carried.
A report (No. CR-FED 2013-23) submitted by the Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee,
recommending that the following be Approved on second and final reading:
COUNCIL MEETING 39 DECEMBER 18, 2013
"Bill No. 2507 A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2013-753, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII,
FOR THE FISCAL YEAR JULY 1, 2013 THROUGH JUNE 30, 2014, BY
REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND, SOLID
WASTE FUND, AND SEWER FUND,"
Mr. Bynum moved for approval of the report, seconded by Mr. Chock, and
unanimously carried.
A report (No. CR-FED 2013-24) submitted by the Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee,
recommending that the following be Approved on second and final reading:
"Bill No. 2508 A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2013-753, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII,
FOR THE FISCAL YEAR JULY 1, 2013 THROUGH JUNE 30, 2014, BY
REVISING THE AMOUNTS ESTIMATED IN
THE GENERAL FUND
(Licenses & Permits/Dog (Street-Use - General Fund) - $110,000, Kauai
Humane Society (Special Projects) - $110,000),"
Mr. Bynum moved for approval of the report, seconded by Mr. Chock, and
unanimously carried.
A report (No. CR-FED 2013-25) submitted by the Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee,
recommending that the following be Approved on second and final reading:
"Bill No. 2511 A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2013-753, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF
HAWAII, FOR THE FISCAL YEAR JULY 1, 2013 THROUGH JUNE 30,
2014, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL
FUND, SOLID WASTE FUND, SEWER FUND, GOLF FUND, HIGHWAY
FUND, HOUSING AND COMMUNITY DEVELOPMENT FUND, KALEPA
HOUSING FUND, AND PAANAU HOUSING FUND,"
Mr. Bynum moved for approval of the report, seconded by Mr. Chock, and
unanimously carried.
COMMITTEE OF THE WHOLE:
A report (No. CR-COW 2013-20) submitted by the Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other. Economic Development Areas) Committee,
recommending that the following be Approved as Amended on second and final
reading:
COUNCIL MEETING 40 DECEMBER 18, 2013
"Resolution No. 2013-72 RESOLUTION TO IMPLEMENT AN
ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS STUDY (EPHIS),
VIA FORMATION OF A PESTICIDE AND GENETIC ENGINEERING
JOINT FACT FINDING GROUP (JFFG),"
Mr. Kagawa moved for approval of the report, seconded by Mr. Rapozo.
A report (No. CR-COW 2013-21) submitted by the Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee,
recommending that the following be Approved on second and final reading:
"Bill No. 2510 A BILL FOR AN ORDINANCE APPROVING A
COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 13
BETWEEN JULY 1, 2013 AND JUNE 30, 2017,"
Mr. Kagawa moved for approval of the report, seconded by Mr. Rapozo.
Mr. Bynum: Mr. Chair?
Chair Furfaro: Yes, Mr. Bynum, discussion.
Mr. Bynum: If there is no objection, I would like one
deferral on Resolution No. 2013-72 just because I have not read it yet. I am sure
there is not a problem with it, but before we approve it I would like to read it.
Ms. Yukimura: We can just move to defer.
Mr. Kagawa: Okay.
Mr. Kagawa moved to defer CR-COW 2013-20 on Resolution No. 2013-72,
seconded by Mr. Bynum, and unanimously carried.
The motion to approve CR-COW 2013-21 on Bill No. 2510 was then put, and
unanimously carried.
Chair Furfaro: Now, I would like to go to Bills for Second
Reading.
There being no objections, Bill No. 2502, Draft 1 was then taken out of order.
BILLS FOR SECOND READING:
Bill No. 2502, Draft 1 — A BILL FOR AN ORDINANCE TO REPEAL
ORDINANCE NO. 716, RELATING TO STANDARDS, PERMITS AND FEES FOR
WORK ON BUILDINGS, STRUCTURES AND PROPERTY DAMAGED BY
HURRICANE `INIKI: Mr. Kagawa moved for adoption of Bill No. 2502, Draft 1, on
second and final reading, that it be transmitted to the Mayor for his approval,
seconded by Mr. Rapozo.
Chair Furfaro: Is there anyone in the audience that wishes
to address us on this item, Bill No. 2502, Draft 1? Louis, come up.
There being no objections, the rules were suspended to take public testimony.
COUNCIL MEETING 41 DECEMBER 18, 2013
LOUIS SOLTREN: My name is Louis Soltren. I know many of
you. I would like to start off with apologizing to Mr. Hooser for a letter I wrote
without knowing all of the facts and he took it like a man and he has been nice to
me ever since. Really, I just want to speak to you folks about Chad Waters. Chad
Waters has been my friend for close to six (6) years now. Chad Waters to me, as I
know him, he is as honest as they come. You folks know that I do a Christmas
thing every year. It is twenty-nine (29) years now. In the time that I have known
Chad three (3) of those years, he has provided all of the money because construction
was slow and things were not going right. I talked to him and he provided all of the
money. As you know, Chad has taken on two (2) condominium projects, Kalani Inn,
the Bull Shed. He has hired all local people to do the work. That is one of the
things that we talked about. I told Chad, "Chad, when you do these jobs, hire local
people." He agreed and that is what he had done. He has hired local people and I
believe that that is what he will do with Coco Palms. He will hire local people and
there are some cases where he cannot hire local people because abatement
companies do not exist on Kaua`i. Everybody knows that. I had to hire an
abatement company to do a job at Barking Sands. I had to hire a Honolulu
company. He will have to do the same thing, but the workers can all be from Kaua`i
and after the place is done, the employees can be all from Kaua`i. Maybe not one
hundred percent (100%), but a good eighty percent (80%) or ninety percent (90%).
Chad has also, I would call him up at home and I would tell him, "Chad, I want to
take some local boys who have no money and who want to compete in the jujitsu
competition in Las Vegas." Chad has paid for everything, all of the airfare, hotel,
everything without question. I had a friend of mine who got into drugs and was just
about ready to lose his job. I do not want to mention his name. I called Chad I said,
"Chad, would you take my friend into Honolulu, take him under your arms and take
care of him" and I told him the problem. He took the boy in, gave him a job, six (6)
months, and the kid is doing great now.
Ms. Fountain-Tanigawa: Three (3) minutes.
Chair Furfaro: Louis, that is your time. You can summarize
real quick.
Mr. Soltren: Yes. Basically, I want you to know that
Chad is, all about the Kaua`i people and he is all about doing the right thing. If
anybody can fix Coco Palms, it is Chad Waters. Thank you.
Y Y y
Chair Furfaro: Thank you. Next speaker.
Ms. Fountain-Tanigawa: Council Chair, we have two (2) registered
speakers. One is Wallis Punua, followed by Lonnie Sykos.
WALLIS PUNUA: Councilmembers, aloha. My name is Wallis
Punua. I am here to support the reconstruction of Coco Palms Hotel and I believe
that the current contractors and the arrangement from what I can see, looks like a
very favorable and optimistic arrangement. I am born and raised in Wailua and I
grew up at the Coco Palms Hotel. My family is Hawaiian cultural practitioners. I
am also in the insurance business and we teach young people from the ages of three
(3) years old on up to adults about the Hawaiian culture such as hula, chanting,
dance, how to mingle and greet visitors from around the world, and that is what we
do. Coco Palms is different from just another development. The reason I am so
strongly in support of seeing Coco Palms get rebuilt is it was really unfortunate that
after Hurricane Iniki the insurance did not repair it. So, now we are twenty-two
COUNCIL MEETING 42 DECEMBER 18, 2013
(22) years later and from what I have seen with Chad's past projects, I do not
personally know him, but I followed him over the last few years and the projects
that he has worked on, he has completed. I was very excited to see that he has the
interest in doing Coco Palms because I strongly feel that he is going to complete his
task. Coco Palms is different in that Coco Palms is structured around the Hawaiian
culture, the culture of Hawai`i, the host culture. Everything from the pool, the big
conch shell, the pahus, that it is blending Hawaiian culture and bringing that to the
visitors and visitors over the last sixty (60) years have enjoyed that. It is very
different from many many properties on Kaua`i. So, what it does is Coco Palms, as
many of you know, has the history of blending Hawaiian cultural and our locals
with jobs as well as welcoming the visitor...
SCOTT K. SATO, Council Services Review Officer: Three (3) minutes.
Mr. Punua: ...and educating them on their vacation.
That is very different from just a standalone condominium, a development. It is not
the same. This should be grandfathered because of the history of over sixty (60)
years of welcoming visitors and keeping the culture alive.
Chair Furfaro: That was your time.
Mr. Punua: Thank you very much.
Chair Furfaro: Thank you. Is there anyone else that wishes
to speak?
Mr. Sato: Our last registered speaker was Lonnie
Sykos, but I do not see him.
Chair Furfaro: I do not see him. Kimo?
KIMO M. KEAWE: Aloha. My name is Kimo M. Keawe. I am
here to support this Bill. Believe it or not, this is the first Council Meeting that I
have ever attended. I have lived here for forty-three (43) years and had the good
fortune, like Council Chair, of working at the Coco Palms. I think that these two (2)
young guys, I am old enough to say that they are young guys, are doing it right. I
think they have the vision to complete it and I think we should give them the
opportunity to do it. Yes, there have been other attempts at doing the Coco Palms
that might not have fit, but I think from all that I know in meeting with these
gentlemen, I think their plan is solid. It is difficult in the development world.
Obviously, it has to do with timing and perseverance. I think they have both. The
timing is good as Chad said, but they need an opportunity to go and see if they can
do it. I think from our standpoint we should give them that opportunity, you should
give them that opportunity by delaying the repeal of this Ordinance, after all, we
will never know what could have been if we do not. Mahalo.
Chair Furfaro: Thank you, Kimo. I think there was a
gentleman in the back.
CRAIG KAWAKAMI: Hello, Councilmembers. My name is Craig
Kawakami. I am a General Contractor and I have known Chad for a little over
three (3) years. We have done majority of his projects both on O`ahu and Kauai.
We are still actively part of his projects right now. What I can say about Chad
Waters and also Tyler Greene is unlike somebody mentioned earlier, the job does
COUNCIL MEETING 43 DECEMBER 18, 2013
get completed and everything is all in good standards and we will move onto the
next one. It has been steady for over three (3) years, three and a half (31/2) years
maybe. This is an opportunity that probably will not come again for this Coco
Palms situation. I think they are very well planned out. A plan is a plan, but they
do try and stick to it as best as possible. As far as getting the locals involved, he has
proved it because we are local contractors and we have been on I would say eighty
percent (80%) or maybe seventy percent (70%) of all of his projects. I highly support
Chad and Tyler Greene in continuing and trying to get this done. That is all that I
have.
Chair Furfaro: Thank you very much for your testimony. Do
you want to speak? Come right up.
BOB JASPER: Aloha Council. I am Bob Jasper. I am pretty
well that at the Committee Meetings have said everything I was going to say. So, I
really was not going to speak until Mr. Chair, you read that E-mail. I do not know
if that E-mail came in anonymously or whatever. During that time period, find a
real attorney that was not in a whole lot of money trouble. If Donald Trump was
sitting here right now and Donald Trump wanted to rebuild the Coco Palms and
somebody went back and dug back into to Donald Trump's past, how many
bankruptcies are they going to find with somebody like that? I do not think we
should look negatively at all on Chad for this because myself, I lost my business
during this. There is a lot that has been affected financially in the past. An
anonymous E-mail that was once sent to Mr. Hooser which he forwarded to the
Garden Island became the headline in the paper without any facts other than what
that E-mail said or known. It was about work on the arboretum road and for
private companies like mine, tour companies in the State's expense. What was not
known is that my company and one other paid for all of that work on that. So, the
story which this blew up. E-mails like this can come out with maybe not with the
facts. One other thing that I forgot to mention the last time, the Garden Island a
few months ago did a survey on Coco Palms. Seventy percent (70%) of the
respondents wanted to see the survey come out as being rebuild Coco Palms. Just
before that, MidWeek Newspaper did one. One hundred percent (100%) of the
people surveyed in that wanted to see the Coco Palms rebuilt. That is all I have to
say. Thank you. Aloha.
Chair Furfaro: Excuse me, sir. I just want to say that the
choice of that commentary during the Committee Report, we all got this information
and I hear your testimony, but I did it in the spirit of full disclosure so that it was
out in the Committee Report. I do not disagree with you pointing out that a lot of
companies went through a hard time during that crunch, but I think the piece that I
am sharing is we gave them an opportunity for full disclosure and that should have
been in the Committee Report. I understand what you are saying too.
Mr. Jasper: I agree. I just felt by whomever sent you the
E-mail, it was a personal attack on Mr. Waters.
Chair Furfaro: I heard your comment. I am just saying
that we gave them an opportunity for full disclosure. Trust, honesty, and those
particular pieces give everybody a level playing field and I understand that many,
many companies had a difficult time.
Mr. Jasper: Yes.
COUNCIL MEETING 44 DECEMBER 18, 2013
Chair Furfaro: Thank you for your testimony.
Mr. Jasper: Thank you.
Chair Furfaro: Come right up. Yes?
Mr. Hooser: A moment of personal privilege.
Chair Furfaro: Sure.
Mr. Hooser: Just a point of personal privilege. The prior
speaker I think mentioned my name in conjunction with some anonymous E-mail
that was sent to the Garden Island and an arboretum road. I do not have any clue
whatsoever what that refers to. So, just for the record I want to state that. Thank
you.
Chair Furfaro: Again, that was my clarity to the fact of the
matter is it is about full disclosure. So, we got it. Welcome.
PUA NANI ROGERS: (Inaudible) mai kakou.
Chair Furfaro: Aloha.
Ms. Rogers: Pua Nani Rogers. Kaua`i noa. Born and
raised in the ahupua'a of Kealia where I still reside with my children and my great
grandchildren, my grandchildren as well. I am so relieved that we are finally doing
something about Coco Palms. I was raised at Coco Palms entertaining as a young
girl in high school there in their dining room as well as working as a hostess in their
restaurants. My only concern is that it being treated as it is a very unique
historical, cultural, and sacred place. That is my full concern about it and is the
developer here?
Chair Furfaro: Yes.
Ms. Rogers: He is? I would love to have him call upon us
in the community that are cultural practitioners to come and meet with him as
often as possible if he has any concerns about any cultural issues around Coco
Palms. I had heard and was mentioned to me that he was going to be calling some
of us. I have not yet received a call from him to form a group of cultural
practitioners to form a consultation group. I can give him my name, address, and
E-mail and wish that I would be also afforded an invitation to this group. Thank
you for all of the work that you have done. This is my first time since the
improvement here and welcome, Mason. Nice to see you here. I hope this project
will go forward in a pono way and that the beauty, the character, and everything
about Coco Palms that we love and respect will be restored. Thank you so much.
Mahalo.
Chair Furfaro: Thank you for your testimony. Before I call
the meeting back to order, is there anyone that wants to speak? I may indulge on
the developer. Let me see. One (1), two (2), three (3), four (4). Please, come up in
any order. I would again emphasize that I would like to have people sign up so that
we can call up by name.
COUNCIL MEETING 45 DECEMBER 18, 2013
ALICE PARKER: Again, Alice Parker. I think all of us on the
island want to see Coco Palms resurrected from the ashes like a phoenix, but we do
want to be sure that all safety precautions are mandated. Thank you.
Chair Furfaro: Thank you, Alice. Mr. Rivera, please come
forward.
LARRY RIVERA: Aloha. My name is Uncle Larry and I am
just so happy that we are all here. I bless each and every one of you for doing the
decision and for bringing back jobs for everybody. Now, I will not be bothered on
the street, "Larry, we want a job." I said, "I am not the owner." But I love the new
owners. They are fantastic and I agree with Mr. Punua. He is a wonderful man
and a great performer as well. Everything he said is the way I felt. The song that I
wrote is called Beautiful Coco Palms Shinning in the Sun. "Beautiful Coco Palms,
where my heart belongs. Beautiful Coco Palms, it is so heavenly. Beautiful Coco
Palms is where I want to be." Thank you and God bless. Aloha.
Chair Furfaro: Thank you. Next speaker. Anyone.
RENEE KAWAKAMI: Aloha Councilmembers. Renee Kawakami. I
am here in a facet or reasons. I am Craig's wife and he is a contractor that works
for Chad. I am also the Publisher of Kaua`i Lifestyle Magazine. Recently, I put out
an issue that featured Coco Palms as my co-main story. I want to share with you
the response that I have had via E-mail is overwhelming from the people on the
mainland. My distribution is out Nationwide at Barnes and Nobles. So, I have had
a lot of E-mails expressing how many people have gotten married there and have
spent memorable occasions there. They are very happy that we are renovating it. I
want to speak in support of the character of Chad Waters. He has been in or life for
a few years. I was born and raised here. I love the people of Kaua`i. I love the
places. I am very proud and my magazine showcases all of that. I want to show my
support to Chad because in all of the jobs that we have gone through with him, he is
very conscientious. If a resident is living somewhere that he is renovating and they
g
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have an issue, he takes care of it. He does not ignore it. He wants to make it good
for them. He does not have the attitude that I do not care or it does not matter,g his
is about business. He is a very conscientious person. We really like them and I
take offense to people that speak up, do not know the full story, and say things just
to hit below the belt. It is very shameful that people do that, but I just wanted to
say that I am in support of the developers. I know them personally and they are
wonderful people. Thank you for your time.
Chair Furfaro: Thank you for your testimony. I think we
have two (2) speakers left. Come right up.
JAMES ALALEM: Aloha. My name is James "Jimbo" Alalem
and I take care of the whole Wailua system of the heiaus and complex in the area. I
was not consulted on anything when this whole Coco Palms thing started, but I
would like to actually remind everybody that there was a person that came up to me
and was really concerned about rebuilding Coco Palms. There are two (2) bodies
that they were working on the maintenance and they reburied it by the swimming
pool. Nobody knows about it, but they told me. I can get in contact with him if you
folks want to go and see where they buried it. Anyway, this is for or supposed to be
the people that is involved with Coco Palms. The President of the United States
has signed this United Nations Declaration of Human Rights and Indigenous
Peoples. It is the law. It protects the indigenous people which is all of the people
COUNCIL MEETING 46 DECEMBER 18, 2013
that were born and raised in Hawai`i, they are the indigenous people. So, I would
like to just read a quick one, Article 32. It says here, Article 32, "the State shall
consult and cooperate in good faith with the indigenous peoples concerned through
their own representatives institutions in order to obtain their free and informed
consent prior to the approval of any project affecting their lands or territories and
other resources, particularly in connection with the development, utilization or
exploitation of mineral, water or other resources." This is just one of the Articles
and this was signed by the President of the United States. If we are a law abiding
community or Mayors or County Council, then this is the law that we need to follow
by. With that, I would like to thank you very much for allowing me to share that
with you folks. Thank you.
Chair Furfaro: Mr. Alalem, thank you. I think there was
one (1) more speaker, two (2) more speakers? One (1) more speaker. This will be
our last speaker for public comment.
Mr. Kubo: Klayton Kubo, Waimea, Kaua`i again. Well,
if this does go through, Coco Palms redevelopment, I guess I need to say that the
jobs, local people should be hired. I would say maybe even ninety-five percent
(95%). You folks should push this, local hire. Not hire fifty percent (50%) minimum
and then get your minimum and then say, "Okay, we are going to bring in two
hundred (200), say four hundred (400) jobs" I heard the last week. Two hundred
(200) hire local, two hundred (200) come over here. Something is wrong on that one
there, that kind of numbers. Not good. Local, ninety-five percent (95%) should be
or even up, even on any other developments. From construction to hotel up and
running, local hire first. Ninety-five percent (95%), maybe even higher if can.
Mahalo.
Chair Furfaro: Thank you, Klayton.
Mr. Kubo: I do not know how to talk that is why.
Chair Furfaro: You got it. That is the end of the public
comment period. Before I take a vote, I would like to ask the developer to come up.
Let me just double check, there is no more public testimony? Glenn? Please, Glenn.
How could I forget you?
Mr. Mickens: How would that happen, Jay?
Chair Furfaro: I do not know.
Mr. Mickens: For the record, Glenn Mickens. Mr. Waters
sounds like a very honorable...
Chair Furfaro: Excuse me, Glenn. By our rules, you have
spoken in the three (3) minute session and you are not allowed to speak again.
Mr. Mickens: Oh, I thought that was only on the subject
that was on.
Chair Furfaro: No.
Mr. Mickens: Oh, okay.
COUNCIL MEETING 47 DECEMBER 18, 2013
Chair Furfaro: It is on any agenda item. I am sorry. I have
to be consistent with the application. May I ask the developer to come up then?
Again, thank you gentlemen. I am going to open the floor up to Councilmembers
questions that they might have at this point. Mr. Hooser.
Mr. Hooser: Yes, good afternoon.
Mr. Belles: Good afternoon.
Mr. Hooser: It is nice to have you all here again. I am
really struggling with this actually and you bring in all of my friends. It makes it
harder. I am not saying you bring them in. They come in on their own. To be clear,
I am not criticizing you for anything at all, but I am struggling with this given the
history of the property. When we spoke last at the last Committee Meeting I had
mentioned and asked you if you were willing to put a deed restriction on the
property prohibiting future timeshare conversion. Your answer I believe was that
you could not do that until after you took possession of the property, which is after
the permits had been obtained. My intent today was to put amend the measure to
reflect that commitment, but I have been told by County Attorneys that this
particular vehicle is not appropriate for me to do that. So, to do that would require
another mechanism kind of thing. I guess my question is would be willing to put
into writing, the commitment that you made to that effect to the Council?
Mr. Waters: Let me address that in another way. In
previous projects where we looked at timeshares, the timeshare market is really one
(1) bedroom, two (2) bedrooms with kitchens is really what the current timeshare
market is. If you look at our current plans, we do not have kitchens in any of the
units. They are designed as hotel rooms, not designed as timeshare. I think you
can tell just basically by what we have done so far, that it is not consistent with a
timeshare type product. So, if that helps with our intention, then yes, we have no
intention and based on our actions to convert this to timeshare.
Mr. Hooser: Would you be willing to put into a letter form
to the Council that you would agree to put a deed restriction in the future property
to forgo future timeshare conversion?
Mr. Waters: Yes. I guess it depends on all of the details
of that, but yes, as I said, we have no intention of doing that and I will sign my
name to that because we have intention of converting this to timeshare. There were
comments previously, we have had people approach us since that meeting. They
have talked about worst case scenarios where after Hurricane Iniki there were
projects that survived by timeshare dues. I would say in the best case scenarios,
never as a developer do you want to limit any option that you have, but once again,
we have not designed this as a timeshare product. We do not have the intention to
do it. If the hotel is up and operating and is profitable, then there is no reason. If
there is some other economic meltdown, if there is another hurricane, and the
timeshare was the only way to keep it open at that time because of the economic
circumstances, that would be the only reason down the line that I would even
consider something to that effect. So, hopefully that is...
Mr. Hooser: I understand. Just for anyone who cares
about the issue, the jobs created, we talked about jobs. The industry is really clear
that hotels generate far more jobs and far higher quality jobs than timeshare
operations. To be absolutely clear, I am not trading my vote for any commitment.
COUNCIL MEETING 48 DECEMBER 18, 2013
This is just a way that I think this would improve the public benefits of the property
down the road and I understand one hundred percent (100%) your intentions, but as
we know, property changes hands and then situations change like yourself.
Mr. Waters: Sure.
Mr. Hooser: I believe you have answered the question. I
believe you do not want to make a firm commitment to forgo any future timeshare
conversion. Is that a correct assumption?
Mr. Waters: Well, I think to best answer that question as
I said is we do not want to take any options off the table somewhere down the line if
we absolutely had to in an emergency situation. If you gave us the choice at this
time which said yes, we will grant you the two (2) years in exchange for it, now is
the absolutely bottom line, then the answer would be yes. That is acceptable. As I
said, we would rather not take that option. If ten (10) years down the line another
hurricane hits, timeshare is the only way to save it or maybe timeshare a portion of
it, but as I said this morning, we do not have that intention. We hope the hotel is
very successful and we are looking to keep it not a timeshare.
TYLER GREENE: I think it would be beneficial to maybe
further these conversations with you and clearly understand why that is important
to you and then maybe back that up with some kind of economic study as to any
periphery jobs that are created through timeshares and whether it is being able to
get through those sticky situations or the Real Estate Agents that are employed
because of that or anything or any of those side effects. But from my side, I would
like to maybe further the conversation with you as to why that is so important to
you.
Mr. Hooser: Right. Thank you very much. Thank you,
Chair.
Mr. Belles: And Councilmember Hooser if I might add,
we will be, based on the last meeting, there were suggestions of periodic reports
whether that would be monthly, quarterly, or whatever is most appropriate. I
would like to suggest quarterly just because monthly I think it is just going to too
much for everybody with all of the things that you have on your table, plus you also
have the option of calling us at any time that you want us be on the quarterly
reports should issues come up that affect the project. In addition, it seems more
likelihood than not that we will probably in all likelihood be applying for a Special
Management Area (SMA) permit and at that time, we can revisit the issue as well
in addition to the quarterly report, have further discussions with the
Administration about how best to deal with, I will just generically call it the
timeshare issue.
Mr. Hooser: Thank you. Chair, if we could ask the
audience to minimize their...
Chair Furfaro: I just saw Peter and Peter went out to deal
with it. The audience needs to realize that we get feedback on the microphones
here if you are having conversations out there. Please if you are going to have to
discuss anything, please take it outside. Mr. Kagawa, I give you the floor.
COUNCIL MEETING 49 DECEMBER 18, 2013
Mr. Kagawa: Thank you, Chair. For me, I am not
struggling with this Bill at all. The reason being, we are not gambling with money.
We are gambling with time. I think something as spectacular as Coco Palms was
and what it could provide to Kaua`i is worth some time. For me, this is pretty easy.
I think Mr. Kubo brought up a great point which I want to ask as a question and I
guess as a follow-up for you folks. If you can look back to 1992, what percentage of
the four hundred (400) or so workers working for the hotel were I guess local hires.
I do not know if you have the number, but I would say at least at a minimum when
we do reopen because I am confident that you are going to get it done, when we do
reopen if we could at least match or increase that percentage in an honest fashion
as you can try to do that. I understand sometimes the expertise you are looking at
may be needed or may not be qualified here which as we go on and run, we would be
able to hire our local people with the experience they have, but if you can at least to
me, match it or preferably go higher on our local hires. I think that is a very good
point that Mr. Kubo made. Thank you.
Mr. Waters: Just a quick comment on that. I would just
like to say that everybody that we have hired to-date, if you look at the list of who
we have hired, they have all been Kaua`i residents and Kaua`i businesses. So, from
the time that we started a number of months ago, that trend will continue to the
best we can.
Mr. Greene: A lot of that will happen as well through the
General Contractor and just so you know, the General Contractor is a local firm.
So, it is obvious that they will picking local workers as well.
Chair Furfaro: JoAnn, you have — oh, you have a follow-up
question?
Mr. Rapozo: Follow-up.
Chair Furfaro: Follow-up question, go right ahead.
Mr. Rapozo: Thank you, Mr. Chair. I think Mr. Kagawa
was talking more about the operations of the hotel once the construction was done.
I think the local construction workers will be used, but I guess my question is would
you agree that the only way that we are going to be able to transfer the authentic
Coco Palms experience as was described by several people today, I think by
Mr. Punua and obviously Uncle Larry. But the only way I believe is if these people
that are hired to work in the hotel are well versed in the experience as well. I know
it has been a long time so a lot of those employees are no longer here or they are
retired, but I think there is a lot. The pool of potential employees understanding
that it will be managed by some management company and I think the control for
certain positions will be left in your hands, but in order for this experience to be
true, to be real, it would have to involve local employees that have the history of
Coco Palms because if not, it is just another building that looks like Coco Palms,
that is called the Coco Palms, but the tourists, the visitors, the guests will not get
that experience that they once had. I think as Mr. Punua stated, it is an education
for the guests that come to the Coco Palms to learn about our culture and it is
special. It is not a routine, and normal hotel. It is a different class. I would assume
that that is something that you folks are looking at?
Mr. Greene: Part of the flexibility that we have is in
negotiating any operational terms with any of the potential operators is that we can
COUNCIL MEETING 50 DECEMBER 18, 2013
write some of those things into our terms with them. Our intention is to look here
at Kauai first. It is my personal opinion that Coco Palms is so special because of
Kaua`i and in these last couple months and coming into these meetings, you can see
the passion, care, and concern that the people that live here have. Sometimes, it is
not always — maybe it is put in different place for people, but it is because they all
care about Kaua`i and I think that when we hear about Coco Palms it is all of these
people that care about Coco Palms. I do not think that Coco Palms would be the
same if it was on any other island. I think it is special because it is here on Kaua`i
and it became what it is today because of Kaua`i. As we came into this, part of the
reason that kept us here is the island of Kaua`i. We want to look first to Kaua`i
before anywhere else in terms of hiring full time employees at the hotel.
Mr. Waters: One addition to that is in our discussion with
the operators, we have reserved the right for a General Manager and our preference
is a General Manager that worked at Coco Palms and a management team that has
worked at Coco Palms. So, really that is what we are looking to do and even outside
of that, once this gets down the line a little bit further, we would like to convene a
meeting of previous employees to talk about the history and the traditions and what
made Coco Palms so great. That is a big part of what we are looking to do to bring
back what everybody loved about the Coco Palms Resort.
Mr. Greene: I think it has been said before, but I just
want to reiterate it. Coco Palms to us, represents aloha and in some of these kind of
mega resorts, that is kind of an afterthought. I think why Coco Palms is so special
and why Kaua`i is so special is because of that aloha. So, you cannot have that
unless you start from the local side and really do your best to infuse the genuine
feeling of aloha and not just make if an afterthought, but start from the very
beginning with that in mind. If that is your end goal, we think that we can
accomplish that.
Mr. Rapozo: Thank you. Thank you, Mr. Chair.
Mr. Belles: Councilmember Rapozo, I would like to offer
a comment that has absolutely nothing to do with my legal training or background,
but just from what I observed early this morning when you recognized a very
eloquent and articulate young gentleman who described himself as a doorman who
said one of the most important thing that he left the people with is the sense of
aloha. I think I can say this and get away with it being haole. I do not think you
will necessarily get that from somebody who just got off of the boat, was a blue eyed
(inaudible) and I think we need to have local people who can relate well to people
who come to the Coco Palms for that special experience. In my very brief experience
with working with the two (2) gentlemen to my right for the last two (2) months, I
have heard nothing but working local, using local, and I have every confidence that
they will continue to do so.
Chair Furfaro: Housekeeping item before I address you,
JoAnn. To the staff, I plan to go to 1:00 p.m. I want to get this item done here. To
the legal counsel in the back, we will break for lunch until 2:00 p.m., we have a
public hearing, and we go into the legal items on Bargaining Unit 11 at 2:15 p.m.
Please be timely when we break for lunch, members. Please be timely. JoAnn, you
have the floor.
Ms. Yukimura: Thank you, Chair. First of all, I want to say
to Chad that the testimony here today is a real sign of your character and what you
COUNCIL MEETING 51 DECEMBER 18, 2013
have done on Kaua`i. So, I want to acknowledge that. I also want to say to both of
you that for me, local General Contractors is very important and I am glad that you
are going to work with a local General Contractor. How many construction workers
did you say you were anticipating?
Mr. Waters: Well, the economic analysis that was done
and this was not broken out. I know the number was somewhere around four
hundred (400) hotel employees, but there was a total of one thousand five hundred
(1,500) direct and indirect jobs. So, that would make the other one thousand one
hundred (1,100) direct and indirect. Honesty, I do not know that total number of
construction jobs out of that one thousand one hundred (1,100).
Ms. Yukimura: Okay, alright. Anyway, it is really important
that the local construction workers are employed here. A lot of them have been
sitting on the bench and I think would welcome the income. I wanted to ask you
about three (3) of my concerns, some of which we have already talked, but I just
want to get some confirmation because we are in a different position than we are
usually when we are dealing with General Plan amendments or re-zonings because
it is not your specific development proposal that is before us which we can condition
because of our concerns. We are going to have faith in the planning process before
our Planning Commissioners and others that this is addressed and I have sensed in
the community and I think other Councilmembers have gotten the feedback that
there is a great concern about traffic. Maybe it worked, I am not sure it even
worked back when Coco Palms was in operation, but we are in a very different time
now twenty (20) years later. So, I want to ask that you explore any and all ways to
mitigate traffic even a shuttle from the airport because they are getting in to a
pretty walkable environment once they get to this edge of Wailua. It is close to a
bus stop. I am glad for that public bus stop, but that is an extremely congested
place. The improvements proposed for the highway are, meaning there is going to
be a lot through traffic. I hope there is going to be a lot of creative thinking to
address the traffic issues in that area.
Mr. Greene: Just a quick comment on that. Yes, we will
definitely go through the proper agencies whether it is Department of
Transportation and do those studies, but as a kind of marketing pitch that we have
in our marketing package is that you can come into Coco Palms, you are in the
middle of the island, you are equal distance between North Shore and South Shore,
you now can come in, we can pick you up in a shuttle at the airport, you do not need
to rent a car, we can arrange a tour for you one morning up to the North Shore, you
can see everything you need to see, maybe the next morning you can go see the
South Shore, and then be in that environment where you can use the bike path, you
can walk into town, and have some restaurants there and have some different
stores to shop at and so on and so forth. It is actually an amenity that we believe
we can offer hat sets us aside from some of these larger resorts and that is why we
think we will be able to capture additional type of clientele that wants to come here
and not have to rent a car and just come and enjoy the resort where they are
staying.
Ms. Yukimura: Thank you. I appreciate that and I know
that when we have a workshop in Po`ipu regarding traffic and parking the
consultant who helped us, Jim Charlier, who is a National Traffic Transportation
Consultant said that that is what visitors are looking for these days, places where
they can be without a car or very limited cars.
COUNCIL MEETING 52 DECEMBER 18, 2013
Mr. Greene: We just heard today I think the price of a car
rental today was one hundred eighty-five dollars ($185) and so to be able to wipe
that off of the plate if you are a traveler, you can save a lot of money.
Ms. Yukimura: Yes, you can. That is a good point and thank
you...
Mr. Belles: Councilmember Yukimura, I believe too, as
part of the SMA permit process, they are going to be looking at traffic, public access,
multimodal transportation, the whole works. So, I have every expectation that
these are issues that we are going to have to deal with squarely with a number of
County and States agencies.
Ms. Yukimura: Well, I think the County has gotten better in
looking at multimodal and really addressing the traffic issues in the regulatory
process and the County is definitely moving multimodal. I am glad for all of that,
but I have to say, in the past traffic has not really been addressed. Witness what
we are looking at right now. I appreciate that the developers are themselves
thinking of the issues and I hope we can do that. Related to traffic is the pedestrian
access to the beach. I know you showed us a drawing of an overpass, several
different designs. These are not inexpensive to develop, but to me, they are almost
essential because same level crossings are hard to imagine and we know people get
hit in crosswalks. I wanted to hear what your thinking is and I hope that it is about
an overpass.
Mr. Waters: Well...
Chair Furfaro: Excuse me, can I ask you to respond to that
shortly and brief because in fact if you are coming back to give us updates and this
is successful, I think this item that JoAnn is talking about is very important to have
regular updates on.
Ms. Yukimura: But I am saying this is in consideration of
my vote today.
Chair Furfaro: I think I answered them in such a way where
they should give you an answer, but also remind them about regular briefing.
Ms. Yukimura: Thank you.
Chair Furfaro: I was not taking a benefit away for you to
decide on your vote. I have already extended the staff into this hour for lunch and I
would like to have regular updates on this should it be approved.
Ms. Yukimura: Thank you, Chair. If you prefer, we can
adjourn and come back. I do not mind too, but I do wish to have an answer as the
Chair has stated.
Mr. Waters: I can tell you that out of all of the issues
surrounding Coco Palms, Tyler and I have probably discussed that issue for more
hours than any other issue that is out there. So, it is of paramount importance to
us. I would like to see it. There are planning issues involved, permitting issues.
So, that is going to be a separate issue that we are definitely going to deal with. As
COUNCIL MEETING 53 DECEMBER 18, 2013
I said, I would love to see it, but once again, it is up to the appropriate agencies to
deal with that. That is probably the best that I can say right now about that.
Ms. Yukimura: So, these drawings I see there are Wiser
Companies in the bottom. Is Richard Wiser still involved?
Mr. Waters: No. Those were from a previous plan. We
did not commission those drawings. Those were given to us by, I do not know who.
Actually, I do not know where we got them.
Mr. Greene: The reason why we presented those to you
was that just if the bridge is the answer and I guess the question is how do we
safely get people across the street and what is the best way? We need to definitely
dissect that question, but if the bridge is the answer, how does that bridge look and
how does it tie into Coco Palms and the theme and to Kaua`i? It has to be
something that is soft and inviting for people and not an eye sore. We did like the
rendering that they proposed, but it is just merely that; a proposal.
Ms. Yukimura: For me, the issue is more its feasibility. I
mean, I think look and design is always important, but the question is the logistical
feasibility of how people get across that very busy road and I know that it is not
cheap. I have not researched it totally, but I believe it is expensive and there are
issues of accessibility and things. To me, it is going to take some extraordinary
thinking because for you folks and the viability of the hotel as well as the residents
because access to the beach is so important and it has to be safe access, but it is not
only for your tourists, it is for everybody. It could affect the traffic issues if even
people going to the beach can park somewhere off of Haleilio Road and then cross
over. To me, there is a lot pieces that you have to put together, but you folks must
be willing to that because that is what it is going to take to make Coco Palms
happen. I am not wanting to minimize the difficulty and the challenge. I guess I
am wanting to hear some real commitment to making it work.
Mr. Waters: I guess we could say this. If we could wave a
magic wand and the bridge was designed, there were permits, and all we had to do
was write a check, we would write that check for the bridge. If it is that easy, we
would do it, but as I said, it is the logistical part of it, the timing, and everything
that you have to go through. There is a lot involved in that, but as I said, if it was
that easy and we could just wave the wand and the bridge would be there, then I
would like to see the bridge there.
Ms. Yukimura: So, you are saying that it is not money that
would not be the obstacle?
Mr. Waters: Typically, with development it is the time
and the issues that you have to deal with. It is not necessarily the money.
Ms. Yukimura: Yes, I understand that. Yes, it will take a
Department of Transportation (DOT) permit, height is an issue, and all of that. I
am hopeful that it can be addressed effectively. My last issue was housing. I think
I have heard your desire and commitment to — well, and there is also a requirement
though it is in kind of a morphis requirement. I think it is going to be actually our
Housing Department's job whether or not the Housing Ordinance applies and to be
clear about what we need and want from you that is fair. I want to say that the
housing at Courtyards at Waipouli which is right across from Kintaro was
COUNCIL MEETING 54 DECEMBER 18, 2013
envisioned as a County Housing project and if there was a way to buy it because I
feel the County has failed in doing effective securing of permanently affordable
housing in that case and if we could redeem it by purchasing it. I am not saying
just you folks having to contribute to it. I think that would be a wonderful solution
for affordable housing in the Waipouli area.
Chair Furfaro: JoAnn, do you have any more questions that
deal with the item that is on the agenda?
Ms. Yukimura: Just one (1) more. It is just a comment that
in the...you guys.
Mr. Rapozo: She did not even have a question the last
time.
Chair Furfaro: You have the floor, and it is the holidays.
Ms. Yukimura: Thank you. I just want to say that I asked
you before about the feasibility of a standalone hotel. I am concerned about
survival of a standalone hotel. This is in relationship to timeshare, but I also
understand and share Councilmember Hooser's understanding that hotel work is
probably much better in terms of jobs. It may be a certain percentage timeshare if
needed under dire circumstances because if it is about the survival of the hotel, we
all have to be interested in the sustainability of the hotel. I just have some concerns
and that is all I have. Thank you.
Mr. Rapozo: That was not even a question.
Ms. Yukimura: I know.
Mr. Rapozo: Okay.
Chair Furfaro: Let me ask one (1) question before I turn it
over to Vice Chair. Mike, I am not sure legally what we can do as it addressed that
piece, but I am more concerned with how do we get an understanding of you giving
us regular updates as it relates to the project? Will you be giving us a letter that
implies that you will be available quarterly for us? I do not know how we can
mandate that.
Mr. Belles: Conceptually, and I have not the benefit of
discussing this with the client, but what I had contemplated personally is that we
would give you automatically a quarterly report so that you know that we are
meeting our commitment to you that we have stated on the record, assuming that
quarterly is what the majority of the County Council wants. We will actually
explain in narrative form what the status of the project is at that time, permits, and
anything else that is relevant to the state of the project at that time and we will
work together with you, the entire Council, the staff, and the Administration. If you
want more or less in the report we will work with you and subsequent reports will
reflect whatever the desire is and the wishes of the County Council are.
Chair Furfaro: I think again, I would like to see something
from you in writing especially along the points that JoAnn brought up about the
transient over the road to the beach, public access, guest access, and so forth to get
regular updates.
COUNCIL MEETING 55 DECEMBER 18, 2013
Mr. Belles: We will do that, Mr. Chairman.
Chair Furfaro: Vice Chair, you have the floor.
Mr. Chock: I know you folks have gotten together some
people in a cultural advisory group and what I am hearing from the community is
that this is a very sensitive area. It not only has a lot of history, but even before
Coco Palms, there is a lot of history. My question is are you willing to engage those
who have today, not been a part of that?
Mr. Waters: Yes, absolutely.
Y
Mr. Chock: Okay, good because here is Uncle Jimbo's
phone number here that you can call. Aunty Nani is right back there so you can get
to that. I think it is so important that these people who are key to that area are in
involved in it and I have mentioned it before. So, that would be my request if you
want to add it to that list. Thank you.
Chair Furfaro: Mr. Bynum, you have the floor.
Mr. Bynum: I just want to do a couple of clarifications.
This bridge is not involved in these permits, right? You are not permitted to build
this bridge under the Iniki Ordinance.
Mr. Belles: We simply, in meetings with all individual
members of the County Council shared that with everyone to explain that that was
an issue that we were investigating, that no final decision had been made, and that
those were conceptual drawings as was explained earlier from a prior developer just
to show you that it would not be a sterile looking bridge like the one we have on the
West Side right now.
Mr. Bynum: But this Ordinance would allow you to, it
does. The permits do impact the Sea Shell, correct?
Mr. Belles: That is part of the project development, yes.
Mr. Bynum: Right, and I do not want to take time going
into this at all today because you are going to follow-up, but I just wanted to do that
clarification. The permitting that would allow things to happen at both the Sea
Shell and at the property and we will work out all of the details later because I too,
have a lot of concerns about operating that as a restaurant not just pedestrian
safety, but parking issues. They were addressed at nazuim when this was, but that
is separate, right? I wanted to clarify that. Then, I want to go back to what — I too,
and struggling with this. I want to say that up front. I am struggling with it and I
said I think in the paper, between my intellect and my heart. My heart is saying let
us give it another shot and it is so compelling because of all of our histories of Coco
Palms and they are so personal and unique to each individual I have learned. My
intellect tells me, caution, caution, caution. I want to go back to what Mr. Hooser
was saying because he asked, he was looking for an amendment that would assure
it remains operating as a hotel even if the ownership changes. I really want to
explore that further, maybe not today completely, but I think you folks have
outlined the thing. It is built as a hotel and I have seen all of this creative things
that people have tried to do with hotels over the last fifteen (15) years. I mean, the
Kaua`i Beach Resort sold off into individual units that have no kitchens and I do not
COUNCIL MEETING 56 DECEMBER 18, 2013
think that turned out. That business model did not turn out so well. Now, part of
that was the downturn. I heard your answer to Mr. Hooser as being
understandable, but no. No, we are not willing to put in deed restriction in. I
would like us to pursue that further. I would also like our staff and our County
Attorneys to explore the possibility of Ordinances that do not allow things to be
condominiumized that do not have condominium amenities, that do not have
kitchens. I would ask your indulgence to go deeper with that issue and see if there
is a way that you can make a commitment to put deed restrictions in the future
because the part of me that really compels is reopening as a hotel for all of the
reasons that have been discussed. We do not have any insurances. This is going to
allow you folks to follow-up and continue your due diligence, correct? It does not
mean the hotel is going to get rebuilt. It means you are going to explore all of these
issues and if all the ducks can line up, we may have a rebuilt Coco Palms. Have I
got this right?
Mr. Belles: Yes, Councilmember and...
Mr. Bynum: There is no insurances.
Mr. Belles: The building permits that were actually filed
with the County are now on hold. They do show a hotel project. So, that is the
intent of the developer.
Mr. Bynum: Oh, I am supporting Mr. Hooser's efforts and
I want to join those and ask for your cooperation on how we can do that.
Mr. Belles: Well, you will have us here quarterly at least
to pursue this.
Mr. Bynum: Right, but if we do not nail this down now — I
mean, we will have a public record of your intentions, but that is what we have, a
public record of your intentions.
Mr. Belles: But we do not want to be disingenuous either
and say, "yes" only to say "no" later on just because we did not get something in
writing today.
Mr. Bynum: I think it is in our community's best interest
to see that if this occurs, it remain a hotel and I just want to explore what avenues
we have to do that. I think one of those avenues is for you to say, "We will work this
out over the next few months." I think I heard that from Mr. Waters. If this is
what I need, I will sign off on it. Well, let us continue to pursue this dialogue and
see if we can give those assurances some...yes?
Mr. Waters: I think Councilmember Yukimura's comment
about some kind of restriction with the exception of dire economic need based on
some criteria, that is really in my mind, the only way for the survivability of the
hotel at some point down the future. We did have a conversation with one of the
potential operators which was Hyatt. We asked them, "Out of all of the hotels you
operate in Hawai`i, how are they doing?" They only have one (1) that had a
timeshare component, every single one of the hotels right now are doing very well,
and ninety percent (90%) of them have no timeshare component. So, it would not be
their intention as it is not our intention and we just want to make sure that if there
is a couple years down the line that for whatever reason that that kind of competent
COUNCIL MEETING 57 DECEMBER 18, 2013
is needed, maybe to a percentage of it, maybe under certain economic situations.
That is all we are looking to do, is to make sure that Coco Palms does survive and
just try to keep that option open.
Mr. Bynum: I have a couple more things and then I think
I will be done. I think we got this handout from you and it talks about your projects
in Hawaii. One of those is Mokihana and the literature says you do not intend to
turn that, you intend to keep it and run it. Is that correct?
Mr. Waters: That is correct.
Mr. Bynum: So, your model is not always "get permitting
and turn?" But part of the concern is that was your business model in that past,
right? You did not keep every project. It was like get the project, get the
entitlements, and flip it. No criticism, but that was your business model or at least
for part of your business in the past.
Mr. Waters: Yes...
Chair Furfaro: Excuse me, before you respond to that, we
have five (5) minutes left and we are going to be mandated by law to take a lunch
break.
Mr. Bynum: Chair, my intention is to finish now and then
I have further comments afterwards.
Chair Furfaro: But that would leave me with no time either,
but go right ahead.
Mr. Bynum: I am sorry.
Mr. Greene: Just a quick comment on that. It was just a
different product type. It was single family residential properties and residential
properties where it was buy it, entitle it, build it, and then sell it off to an
owner-user.
Mr. Bynum: But you intention with Coco Palms is to
build it, run it, and keep it?
Mr. Greene: And keep it, correct.
Mr. Bynum: That is all that I wanted to get on the record.
Then, I appreciate Mr. Waters coming here and responding to things that were in
the E-mails and I did my due diligence. I went and did web searches and I read the
articles. You were able to clarify some things today and I just think that that was
my initial conclusion from reading it on my own, that hey, you are one of many,
many people that got caught in this downturn and thank you for the clarifications
how it ended up for the investors, but that is totally appraised. One of the great
things that have happened in the world is this level of transparency that bloggers
and people can go out there and alert us...
Chair Furfaro: I need a question, Mr. Bynum.
COUNCIL MEETING 58 DECEMBER 18, 2013
Mr. Bynum: Yes. Many of us now the limitations of those
blogs, but they are a good part of the fourth estate and it allowed you to respond
appropriately. Thank you very much.
Chair Furfaro: Is there anymore before I speak? The music,
we told them they could start at 1:00 p.m. because we thought we would be out for
lunch. I think they also thought Larry was here to join them. I will keep this really
short. The success of Coco Palms is solely on the fact that the continuity and the
consistency of the management to Mrs. Guslander made it what it is. It is very
important as you tell us in your testimony about you wanting that to happen in the
General Manager, that you are very clear that that is something that you have to
negotiate with the selection of the General Manager with the management
company. I think that is really important for you to fulfill that obligation to have
good long-term stewardship there. I would also like to reconfirm, your plan right
now is to take a three hundred ninety (390) room property and reduce it to about
three hundred twenty-five (325)? Did I hear that in one of your P resentations?
Mr. Greene: Yes, we are still working through the
facilities program, but somewhere between three hundred twenty-five (325) and
three hundred fifty (350) "ish." So, we are still trying to work that out.
Chair Furfaro: And you are prepared to give us some scope
of what you would give us in the quarterly updates in the form of a written
document?
Mr. Belles: Yes, sir.
Chair Furfaro: Any more pieces? JoAnn, did you want it?
No? I am going to excuse then.
Mr. Belles: Thank you.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Members? We have a motion, we have a
second?
Ms. Fountain-Tanigawa: Yes, we do.
Chair Furfaro: Any more dialogue from anyone? If not...go
ahead.
Mr. Rapozo: Well, I have discussion Mr. Chair, but it is
1:00 p.m. and I do not think it is fair other Councilmembers used their question
time to make their comments. So, I chose to respect the rule and I do not want to be
penalized. It is 1:00 p.m. I think our staff needs to eat. I would ask that we...
Chair Furfaro: I just want to make sure everybody
understands. We are at a situation where we have attorneys coming, we have
public hearings, and we have seven (7) attorney's presentations today. So, it may be
6:00 p.m. this evening before we take a vote.
COUNCIL MEETING 59 DECEMBER 18, 2013
Mr. Rapozo: Okay, well that is fine. Can I just take two
(2) minutes?
Chair Furfaro: Go ahead.
Mr. Rapozo: This has become a Coco Palms Bill and it is
not what this is. This is a Bill to repeal an Iniki Ordinance, but what I heard today
was all kinds of questions about hey, if you do this, I will vote for it. Can I get some
commitments of a bridge or this and housing? This is a Bill that we are trying to
repeal, an Ordinance, and just so happen I have no doubt the strategy behind the
Mayor even moving this forward was to get Coco Palms off their butts and to do
something. It worked. They are here. I am a private investigator by trade. I did
my due diligence. The fact that Mr. Belles is representing you folks gives me a lot
of faith and confidence, but it is a leap of faith on all of us. The fact remains, if this
does not pass, I am almost positive that Coco Palms will not be rebuilt. That is just
my own personal, non-professional, and non-developer opinion. It is just that what
I have seen over the years. But I know one thing, with this Bill being repealed,
with the moratorium or the Iniki Bill Ordinance being repealed, that you have a
shot. From what I have seen and I again, my own due diligence. Believe me, I made
some phone calls as well. I read that E-mail, that allegation which happens all of
the time. The freedom of speech sometimes if counterproductive. It throws people
under the bus, but what I have seen with your projects that you have done in the
past and that you are currently working on, I am satisfied that you folks are our
best shot at this project. I am totally pleased and excited that all of a sudden we
have somebody, a group that is not only willing and able, but that I believe have a
sincere desire to make it right. I am going to support this and I hope we can get
this passed today and get it repealed just so that we can start moving. We have
been talking about this for decades and we need to move on. We need to move on. I
will ask this, that you seriously, Mr. Alalem, Aunty; that we do consult and not just
consult for the sake of consulting. There is a wealth of knowledge and information
in these two (2) individuals in this room today, but there is many others, not just in
the history of Coco Palms and the commercial venture of Coco Palms, but the
cultural significance of that area. Utilize the resources we have in this room and
the ones that are not here today as well. I am going to support this. Once we
support it, now you folks have that ability to do what you want. Again, a leap of
faith for me anyway, is that you folks to the right thing for this island. I do not
think Mr. Belles would allow you to do the wrong thing. With that, Mr. Chair,
thank you very much for the additional time. I am prepared to vote.
Chair Furfaro: I solicited the staff. The staff has agreed
that they would only take a forty-five (45) minute lunch. We are going to break for
lunch. Please be back and commit to the staff at 1:45 p.m. and then we want to try
and clean this up before we have to go into legal session at 2:15 p.m. We are at
lunch for forty-five (45) minutes.
There being no objections, the Council recessed at 1:04 p.m.
The Council reconvened at 1:48 p.m., and proceeded as follows:
Chair Furfaro: We are back from lunch. This is the time for
us for comments before we take a vote on the Ordinance. Mr. Kagawa, I will
recognize you.
Mr. Kagawa: Thank you, Mr. Chair. I am going to be
supporting the Bill. I think my position has been clear, that I think it is necessary
COUNCIL MEETING 60 DECEMBER 18, 2013
for the Council to give Coco Palms an additional two (2) years to get this thing
worked out. I think if we do not approve of this, I do not think anything is going to
happen to that property. I think it is going to stay like it is in two (2) years. I see
this as a proactive measure. I think we have a chance of getting it to get done and a
good chance at that. I am willing to take this gamble if you want to call it that.
Being a teacher at Kapa'a High School has given me the opportunity to — I just do
not teach the kids and when they move on I do not keep contact. When I see them
around I asked them how they are doing and for a lot of them, it is pretty sad that
there is a lot of bright students, sometimes for some reason or another, they do not
get to further their college education. They are so bright and yet there is not those
good jobs out there and I think Coco Palms presents those opportunities for a lot of
those students. Good paying jobs for those young mothers who get unexpected
children early. It just provides such a positive hope for our community and of
course not to mention the cultural aspects. I think we have Uncle Larry here and I
know he cannot wait to perform again there. We have the Punua family that are
just so talented. For a lot of our keiki, they do not end up per say playing sports,
but their sport is actually performance, hula, and music. Again, Coco Palms
provides that kind of venue for them to really flourish and it really keeps a lot of
kids out of trouble, to take a part in those kinds of things, cultural type activities.
There is just so much positive things out there that is going to come with this
approval because I believe that this developer is the right person for the job. Good
luck. I am with you to support you and I think it is definitely a risk that I am
willing to take. Mahalo.
Chair Furfaro: Thank you. Next one who wants to speak?
Vice Chair, you have the floor.
Mr. Chock: Thank you, Chair. We had the Committee
Meeting on this and some good things came to light in us moving forward. This
past week with some of the communications that came forward really put me into a
cautious mode. At times I have been conflicted and listening to what to some people
have been questioning such as the traffic issue which I have talked to Ray
McCormick from Highways. They are already moving on some issues based on the
past owner. So, I think that a lot of the questions have been answered for me. I
guess I will put on my Native Hawaiian hat again and just say that we have every
right to mistrust development because there is that long history of mistrust that
has been built upon our community and our island. Then I put my leadership hat
on and I realize that really, the mistrust can continue or we can stop. We have an
opportunity here to prove us wrong, build some trust, and build some relationships.
I think that I am, like Councilmember Rapozo, willing to take that leap of faith and
support this. Let us take the next steps with caution and see that we can move
towards meeting all the needs from everyone. So, do not prove me wrong because I
think that if it did go wrong, it would put us back where we are or worse ten (10)
years behind. Thank you.
Chair Furfaro: Anyone on this side wants to speak?
Mr. Hooser, you have the floor.
Mr. Hooser: Yes, thank you, Chair. I said earlier this is a
very difficult decision for me and it is. The rooms is full of friends and people like
Uncle Larry Rivera who has been to my house, I have been to his house, his
granddaughter worked for me, and it is like family. There are others here, a whole
bunch of people actually, but at the end of the day in some ways it is the best of all
worlds. I know how to count and so I know this is going to pass, but I do not feel
COUNCIL MEETING 61 DECEMBER 18, 2013
comfortable voting for it. While I might disappoint Uncle Larry and others with my
vote, he at the end of the day, will get what he wants which is another chance at
this project. I am not able to support it. The existing law if I remember the
Planning Director correctly mentioned that if a home is blown down today or burned
down or whatever, nonconforming use, it is given a year to rebuild. This property
has had twenty-two (22) years. I believe the owners of the property have done a
tremendous disservice to our community and that is who really, we should be upset
about, but the only faces we have are the developers who seem to come fairly
frequently and make promises to us. I am not prepared to make that leap of faith.
It is no reflection on Mr. Waters or Mr. Greene or certainly not Mr. Belles who is
here. It has nothing to do with anyone's history. I have not been in the real estate
business and been in business and many friends and had my own personal financial
downturns and many friends who have gone through that. So, it has nothing to do
at all with that. I think for me, it has to do with the planning process. It has to do
with just the basic question, when is enough, enough? We are offering the
developers something of value and getting a promise to rebuild a dream and that
was not quite enough for me. I had asked for some firm considerations on the
timeshare element and was not able to g et that. I had asked for a performance
bond if you would. There is tens of millions of dollars in this project and I felt that
if the developer had the resources and the confidence that they might be willing to
put together or put up two hundred thousand dollars ($200,000) or so that they
would get back i f they were successful and otherwise it would give me personally, a
get
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little bit more assurances. I was not able to get that either in terms of a
commitment for that. There are a lot of issues talking about traffic, there is
housing, there is just a whole lot of issues, and so at the end of the day I am not able
it. I will be voting no.
to support t. g
Chair Furfaro: JoAnn?
Ms. Yukimura: Yes. I am going to vote to give the possibility
of Coco Palms another chance. I have heard and seen a deep open concern in the
community for this project. On the other hand, I have some really serious concerns
and I am thankful to Councilmember Hooser for expressing them in a sense for all
of us. I have expressed these concerns and I am at this point, going to trust the
developers to address them effectively. I will be voting for this Bill which gives a
two (2) year period before the Iniki law sunsets and I will take a chance that we
will hopefully get something that will be the best for the people of Kaua`i and for the
future of Kaua`i.
Chair Furfaro: Thank you, JoAnn. Mr. Bynum.
Mr. Bynum: I will be very brief. This is a difficult thing,
but I am hearing everything that I would hope to hear at this stage of the game, but
I share real concerns. I will just echo what Mason said for the entire community.
We all have reasons to be cautious and to be cynical about promises because of past
experience multiple times, but I became aware that there were no owners at
Mokihana. I did not know it was these same people. This is a long time ago and I
was aware that they were collaborating with the County. We all here get a sense of
developers pretty quickly in the County and we do not talk about it publicly, but it
is like, who are the ones where it is just a struggle every time and other people who
really want to engage. That was the feedback I was getting. It was like these new
owners really are committed to the community. They are that inclusive type of
group I talked about last time, hotel owners who want to include the community
and see the benefit of that rather than make an exclusive kind of thing. Some of the
COUNCIL MEETING 62 DECEMBER 18, 2013
things for Coco Palms in the past were exclusive little things that would have had a
component for the public, but would have been sold on hey, this is where this
famous place and you get to have privacy and ownership of it. This is a different
proposal. I am rolling the dice and hoping for the best. Thank you.
Chair Furfaro: Mr. Rapozo, did you want to speak? No?
Anyone else before I speak? Okay. I want to acknowledge what JoAnn said because
I am voting for this opportunity and possibility for the Coco Palms legacy to live on.
It is a very special place. The narrative that I have heard, the people that I have
seen again, indicate to me that the owners are committed to do the right thing for
the right reason for the right people. There is a certain amount of trust that I am
extending in my vote. I am looking forward to the letter that acknowledges the
quarterly reports and I think we all will have an opportunity to continue to give
input and feedback. I want to compliment Mr. Chock for sharing some names of
people that are in fact resources for the area with you. I will be certainly
supporting Bill No. 2502, Draft 1. On that note, I would like to call for a vote
please.
The motion for adoption of Bill No. 2502, Draft 1 on second and final reading,
that it be transmitted to the Mayor for his approval, was then put, and
carried by the following vote:
FOR ADOPTION: Bynum, Chock, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL — 6,
AGAINST ADOPTION: Hooser TOTAL— 1,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: 6:1.
Chair Furfaro: So, the vote passes at 6:1. We look forward
for your conduit to us on information going forward. Thank you so much and we
absolutely look forward to you succeeding there. Thank you. Now, we have a few
housekeeping pieces to finish. Want to take a short recess? Okay, we can take a
two (2) minute recess.
There being no objections, the Council recessed at 2:01 p.m.
The Council reconvened at 2:06 p.m., and proceeded as follows:
Chair Furfaro: I would like to go to item C 2013-384,
Human Resources (HR) item here.
COMMUNICATIONS:
C 2013-384 Communication (12/02/2013) from the Acting Director of
Personnel Services, transmitting for Council information, the July-September 2013
Department of Personnel Services Quarterly Report, pursuant to Section 19 of the
Fiscal Year 2013-2014 Operating Budget, Ordinance No. B-2013-753, which
includes new hires, transfers, reallocations, promotions, and vacancies for the first
quarter.
Chair Furfaro: I think I should probably suspend the rules
at this point after I get a motion to receive.
63 DECEMBER 18, 2013
COUNCIL MEETING ,
Mr. Rapozo moved to receive C 2013-384 for the record, seconded by
Ms. Yukimura.
Chair Furfaro: I see Tom is here. There is a motion by
Mr. Rapozo, a second by Councilmember Yukimura. Tom, are you coming up? Who
is coming up? There we go. Not to worry. We are in the holiday spirit. Tom, thank
you for stopping in. I know you are on vacation. Thank you for being here. As we
are communicating this item on the report itself and the operating budget, I think
we are a little late are we not?
There being no objections, the rules were suspended.
JANINE RAPOZO, Human Resources Manager II: Yes, Council Chair.
Janine Rapozo, HR Manager. We are very late and we apologize for that.
Chair Furfaro: I guess my first question is I think we can
make this a short one if I know you are current for the next report.
Ms. Rapozo: We are current. Actually, I have a report
prepared up until December 16, 2013. So, the next quarter will be on time.
Chair Furfaro: So, we could get current probably in January
on that next report?
Ms. Rapozo: Yes, you will get it in January, first week.
Chair Furfaro: I think I probably will make a note. We
would like to post that report which will bring us current. Any questions for the
staff here? JoAnn, you have the floor.
Ms. Yukimura: Hi, Janine. Thank you for being here. Is the
reason you are current with this one and late with this one due to some kind of new
technology or procedure?
Ms. Rapozo: Yes. Probably if you have seen past vacancy
reports this is a little bit different, the format, as well as there are some new
categories that we had to add in which were the new hires, reallocations, transfers,
and promotions. We needed to get all of the information tied in for the first quarter
and it did take a while, but now that we have that base, the next quarters should be
very simple to just add and delete as we go along.
Ms. Yukimura: I see. Thank you.
Chair Furfaro: Other questions folks? Well, I guess what I
would like to do then is go ahead and move to receive this report and maybe they
can stay right where they are at when we go to the next two (2) items dealing with
bargaining units and so forth.
There being no objections, the meeting was called back to order, and
proceeded as follows:
The motion to receive C 2013-384 for the record was then put, and
unanimously carried.
COUNCIL MEETING 64 DECEMBER 18, 2013
Chair Furfaro: We will so you in January for the next report
which will bring us current. Now, we are going to read the next item.
There being no objections, Proposed Draft Bill (No. 2519) was taken out of
order.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2519) —A BILL FOR AN ORDINANCE APPROVING
A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 11
BETWEEN JULY 1, 2011 AND JUNE 30, 2017: Mr. Kagawa moved for passage of
Proposed Draft Bill No. 2519 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for January 16, 2014, and that it thereafter be
referred to the Committee of the Whole, seconded by Ms. Yukimura.
Chair Furfaro: On that note, I have a motion and a second,
but Tom, is there anything you would like to add for us at this point.
There being no objections, the rules were suspended.
THOMAS TAKATSUKI, Acting Human Resources Director: No, not at
this time.
Chair Furfaro: Does any members have any questions of
Tom at this time? Go right ahead Mr. Kagawa.
Mr. Kagawa: Tom, Unit 11 just so everybody knows out
there, what Unit is that and who do they represent?
Mr. Takatsuki: Unit 11 is the Hawai`i Firefighters
Association.
Mr. Kagawa: Just a brief summary of the agreement. I
guess as brief as can be. So, it is a six (6) year agreement?
Mr. Takatsuki: Yes, this is a six (6) year arbitrated award.
Basically, the first two (2) years were zero (0) and zero (0) and then continuing on to
subsequent years is a two percent (2%), two percent (2%). Two percent (2%) on
July 1, 2013, two percent (2%) effective January 1, 2014, and then July tat two
percent (2%). Then January 1, 2015 it is another two percent (2%). July 1, 2015,
two percent (2%). Effective January 1, 2016, two percent (2%) and then on
July 1, 2016, five percent (5%). That is the pay increase over the six (6) years.
Mr. Kagawa: I guess my final question, is this similar to
the Police settlement?
Mr. Takatsuki: Pretty much.
Mr. Kagawa: Pretty much similar?
Mr. Takatsuki: I think the percentages are almost the same,
percentage wise.
Mr. Kagawa: Percentage wise, it is almost the same?
COUNCIL MEETING 65 DECEMBER 18, 2013
Mr. Takatsuki: Yes.
Mr. Kagawa: Just a little different in when the increments
are made?
Mr. Takatsuki: I think Police is the same. Police was July
and January. So, Fire followed the same pattern, January and then in July. So,
they get basically two (2) increases over one (1) year.
Mr. Kagawa: I guess in summary, it is in your words — I
mean well, in your estimation it is a pretty generous agreement considering the
agreements I guess that the United Public Works (UPW) and Hawai`i Government
Employees Association (HGEA) had received?
Mr. Takatsuki: I think when we negotiated and when we
met, basically when you look at the percentage, it is almost the same because Police
and Fire was staggered and the other bargaining units in regards in Unit 1, Unit 2,
Unit 3, Unit 4, and even Unit 13, they have about four percent (4%). Basically, it is
almost a little over four percent (4%) across the board pay increase. In a sense if
you are getting two percent (2%) and two percent (2%), it equates to a little less
than four percent (4%) because of the stagger.
Mr. Kagawa: Thank you, Tom.
Chair Furfaro: Councilmember Yukimura, you have the
floor.
Ms. Yukimura: You said just now that it equates to less than
two percent (2%) because of what or less than four percent (4%)?
Mr. Takatsuki: Less than four percent (4%) because it is two
percent (2%) effective July 1st and then you get another two percent (2%) effective
January 1st. The percentage in itself it is two percent (2%), two percent (2%), but in
a sense it is really not four percent (4%). Across the board, it is going to be a little
less than the four percent (4%). The increase to the base might be more, but the
actual percentage increase is going to be less.
Ms. Yukimura: But it is accumulative, right? It is
compounded?
Mr. Takatsuki: Yes.
Ms. Yukimura: So, it is two percent (2%) for six (6) months
and then two percent (2%) for the next six (6) months compounded?
Mr. Takatsuki: Yes.
Ms. Yukimura: This will be less than four percent (4%)?
Mr. Takatsuki: It is still going to be less than four percent
(4%).
Ms. Yukimura: Okay.
COUNCIL MEETING 66 DECEMBER 18, 2013
Mr. Takatsuki: Your base in itself will increase more than
the actual across the board increases are going to be.
Ms. Yukimura: It is basically more or less four percent (4%)
increase a year?
Mr. Takatsuki: Yes, because I think there is a step
movement or catchup clause within the arbitrated decision. So, in a sense we are
looking at around a little bit more than four percent (4%) and it is basically the
same with Police.
Ms. Yukimura: So, with the step movement and the pay
increases you are saying it is four percent (4%) or more per year?
Mr. Takatsuki: Correct.
Ms. Yukimura: And then it is compounded over six (6) years?
Mr. Takatsuki: Oh, yes.
Ms. Yukimura: Now, what is the five percent (5%) at the
end?
Mr. Takatsuki: The five percent (5%) is effective
July 1, 2016, there is a five percent (5%) increase.
Ms. Yukimura: July 2000 what?
Mr. Takatsuki: July 1, 2016.
Ms. Yukimura: Between now and we are going to have a
public hearing on this, can you or the Finance Department provide the kind of
increases that you showed for different levels of different ranks?
Mr. Takatsuki: You mean as far as the different levels
within the Fire Department?
Ms. Yukimura: Yes. Maybe Steve can tell us what the
projected Bill, if I may ask Steve to?
Chair Furfaro: Sure, but let us get the first thing straight.
The two percent (2%) for the first six (6) months and the two percent (2%) for the
second portion of the first year, the first year is less than four percent (4%).
Mr. Takatsuki: Less than four percent (4%).
Chair Furfaro: Thereafter, I think you gave Councilmember
Yukimura, thereafter, the calculation is four percent (4%), four percent (4%). I want
to make sure we are really clear. It is that first twelve (12) month period that it is
actually less than four percent (4%).
Mr. Takatsuki: Yes, but then the second year although it is
compounded come June 2014, you are going to have the two percent (2%), two
percent (2%) increase which the second year would be compounded, but the total
COUNCIL MEETING 67 DECEMBER 18, 2013
percentage increase is not really going to be four percent (4%). Then come July 1st
of the following year, the decision indicates that they will have at two percent (2%)
on July and then they will have another two percent (2%). If you are thinking about
the fiscal year by itself because you know the rate is going to be increased by two
percent (2%), two percent (2%) and then come July 1st they get another two percent
(2%), but then in itself the actual percentage for the Fiscal Year 2015, if you
actually look at the increase, it is still going to be two percent (2%), two percent
(2%), but that rate on the actual base is going to be less than at actual four percent
(4%). Councilmember Yukimura is correct in the sense that there is continuing,
that carryover cost...
Chair Furfaro: Well, unless there is something in the
contract that says we can take their pay back.
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Mr. Takatsuki: No.
Chair Furfaro: Right?
Mr. Takatsuki: It does not say that.
Chair Furfaro: That is self-explanatory.
Mr. Takatsuki: Yes, so it continues.
Chair Furfaro: But she wanted to understand when Y ou said
really for the first two (2) increments, it averages less than four percent (4%) for the
first twelve (12) months.
Mr. Takatsuki: Correct. Right.
STEVEN A. HUNT, Director of Finance: Steve Hunt, Director of
Finance for the record. If I could clarify. I believe that the compounding of the two
percent (2%) and two percent (2%) over the fiscal year is 3.02 percent for the year
and then it is 3.2 percent for the following year. So, it is that 3.2 percent and then
an added 3.2 percent thereafter. If you are annualizing it that is the kind of...
Chair Furfaro: It is 3.02 percent?
Mr. Hunt: Correct, percent.
Chair Furfaro; Then, it is 3.2 percent?
Mr. Hunt: 3.02 percent. It continues to be 3.02 percent,
but it is compounding on itself if you will. The raises are at that 3.02 percent on an
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annualized basis, but they incur in this two percent (2%) increment staggered.
Chair Furfaro: Go right ahead, JoAnn.
Ms. Yukimura: Between now and the public hearing can we
get each six (6) months what is happening and what that means in terms of...
Chair Furfaro: Total dollars.
COUNCIL MEETING 68 DECEMBER 18, 2013
Ms. Yukimura: Yes, total dollars, but also per rank, what
kind of salaries we are looking at. Now, the difference between Police and Fire is
that Fire does not have the standard of conduct, right?
Mr. Hunt: No.
Ms. Yukimura: Nothing equivalent?
Mr. Hunt: Correct.
Ms. Yukimura: So, even when the Police, I remember, your
factor showed in four (4) years of the contract period, officer average pay would be
sixty-five thousand dollars ($65,000) without standard of conduct, but with
standard of conduct it was like about sixty-seven thousand dollars ($67,000) or
sixty-eight thousand dollars ($68,000).
Mr. Hunt: Off of the top of my head, I cannot recall.
But that would be for you are talking about like maybe a P07 or a P05?
Ms. Yukimura: Yes. So, for firefighters, they would only
have the salary part. They do not have the standard of conduct?
Mr. Hunt: That is correct.
Mr. Takatsuki: Right.
Ms. Yukimura: Even though they might have to come if they
are called, right? Okay. Thank you.
Chair Furfaro: Any other questions? If not, gentlemen we
have another coming up here too, right?
Ms. Yukimura: Mr. Chair?
Chair Furfaro: Yes, go right ahead surely.
Ms. Yukimura: May I just clarify my request. You will be
showing it for an average officer not for a specific position?
Mr. Hunt: I am assuming it would be starting, correct?
Ms. Yukimura: But I would like to see Captain and I guess
there is a Fire Equipment Operator.
Mr. Takatsuki: It is the Captain, Firefighter III,
Firefighter I.
Ms. Yukimura: Yes, so the different ranks, average in each
rank. Thank you.
Chair Furfaro: Along those lines I want to reconfirm there is
no change in the negotiated staffing per shift. JoAnn just kind of led up to that the
fact of the matter we benefit from homeowner's insurance pieces that we have four
(4) people responding with a Captain on duty and so forth, right?
COUNCIL MEETING 69 DECEMBER 18, 2013
Mr. Takatsuki: Yes. The minimum staffing is still in place.
Chair Furfaro: Okay. So, there is no change in the staffing.
Mr. Takatsuki: No.
Chair Furfaro Okay.
Ms. Yukimura: Chair, one (1) more question.
Chair Furfaro: Sure, go ahead.
Ms. Yukimura: Steve, do you off hand know what kind of
total amount is implied yet?
Mr. Hunt: No, that is why we do not have the Money
Bill before you as the companion Bill which we are working on this week.
Ms. Yukimura: But you will get that to us with the other
information?
Mr. Hunt: Yes.
Ms. Yukimura: Okay, thank you.
Chair Furfaro: So, shall we take a vote on this?
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Make note, there is no one in the audience I
believe to testify. No? People are here for other items.
There being no one present to provide testimony at this time, the meeting
proceeded as follows:
Chair Furfaro:r : Oka . Let us do a roll call.
Okay.
motion for passage of Bill No. 2519 on first reading, it be ordered to
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print, that a public hearing thereon be scheduled for January 16, 2014, and
that it thereafter be referred to the Committee of the Whole was then put,
and carried by the following vote:
FOR PASSAGE: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: 7:0. Thank you very much. Next item.
There being no objections, Bill No. 2510 was taken out of order.
COUNCIL MEETING 70 DECEMBER 18, 2013
BILLS FOR SECOND READING:
Bill No. 2510 —A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE
BARGAINING AGREEMENT FOR BARGAINING UNIT 13 BETWEEN
JULY 1, 2013 AND JUNE 30, 2017: Mr. Kagawa moved to adopt Bill No. 2510 on
second and final reading, and that is be transmitted to the Mayor for his approval,
seconded by Mr. Rapozo.
There being no objections, the rules were suspended.
Chair Furfaro: Discussion gentlemen? Anything to add,
Tom?
Mr. Takatsuki: Nothing to add.
Chair Furfaro: Nothing to add?
Mr. Takatsuki: No.
Chair Furfaro: Questions for the two (2) gentlemen present?
Go right ahead, JoAnn.
Ms. Yukimura: Point of inquiry, not of the gentlemen, just
procedurally. We are on Bill No. 2505 is that correct? I am sorry that I was
sleeping.
Mr. Kagawa: Bill No. 2510.
Ms. Fountain-Tanigawa: Bill No. 2510 on page 8.
Chair Furfaro: Number seven (7) on page 8.
Ms. Yukimura: Oh, okay. Another collective bargaining
unit?
Chair Furfaro: Another Collective Bargaining Unit.
Ms. Yukimura: Thank you. Let us see, this is the final.
Okay. Thank you.
Chair Furfaro: No questions of you, gentlemen.
There being no objections, the meeting was called back to order, and
proceeded as follows:
COUNCIL MEETING 71 DECEMBER 18, 2013
Chair Furfaro: Discussion members? If not, let us go for a
vote please.
The motion to adopt Bill No. 2510 on second and final reading, and that it be
transmitted to the Mayor for his approval, was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST ADOPTION: None TOTAL—0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: Seven (7) ayes. Now, on that note I believe
we had some committed time for Executive Sessions. Should we go back and do
some housekeeping cleanup?
Ms. Fountain-Tanigawa: Yes. We have some claims as well as if you
wanted to handle the Bills for First Reading as well as Bill for Second Reading.
Chair Furfaro: Yes, let us do the claims and the Bills for
First Reading.
Ms. Fountain-Tanigawa: Claims on page 3.
CLAIMS:
C 2013-387 Communication (11/26/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Ernesto G. Pasion, for
attorney's fees and medical bills, pursuant to Section 23.06, Charter of the County
of Kaua`i: Mr. Rapozo moved to refer C 2013-387 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Ms. Yukimura, and
unanimously carried.
C 2013-388 Communication (12/09/2013) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Clifford Ikeda, for
damage to personal property, pursuant to Section 23.06, Charter of the County of
Kaua`i: Mr. Rapozo moved to refer C 2013-388 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Ms. Yukimura.
Chair Furfaro: There is a motion and a second. Any
discussion?
The motion to refer C 2013-388 to the County Attorney's Office for disposition
and/or report back to the Council was then put, and unanimously carried.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2516) — A BILL FOR AN ORDINANCE TO
ESTABLISH A NEW ARTICLE UNDER CHAPTER 22, KAUAI COUNTY
CODE 1987, AS AMENDED, ENTITLED BARKING DOGS: Ms. Yukimura moved
for passage of Proposed Draft Bill No. 2516 on first reading, that it be ordered to
COUNCIL MEETING 72 DECEMBER 18, 2013
print, that a public hearing thereon be scheduled for January 16, 2014, and that it
thereafter be referred to the Environmental Services / Public Safety / Community
Assistance Committee, seconded by Mr. Chock.
Chair Furfaro: We have a motion and a second. Any
testimony?
There being no objections, the rules were suspended to take public testimony.
There being no on present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Chair Furfaro: Mr. Kagawa, then Councilmember
Yukimura.
Mr. Kagawa: Thank you, Chair. I will be supporting this
on first reading, but I have a lot of reservations regarding the Bill. I personally
have a dog. He occasionally barks especially when people are walking along the
street and what have you, but for a lot of us it gives us that home alarm service the
prevents or I guess helps to prevent crime in your home and what have you. I am
really hesitant to put the burden on the County to enforce a barking dog law. I
think when you pass a Bill you have to make sure that it is enforceable and that it
will not lead to more problems. Those are my initial fears. I look forward to
hearing from the Administration as far as how they are going to enforce a law such
as this. I feel like we are doing a Bill for just a few cases out there. There are a few
cases where neighbors should be more considerate of their fellow neighbors when
they have dogs barking at all hours. I think we had a testifier today that talked
about her situation and that may be one of those cases, but to pass a Bill to
encompass the whole community and now to open up a huge can of worms where
residents feel like if they have a situation that maybe impacting their lives that
they can call the County and it will be fixed. I think that is just giving a lot of
people a lot of false hope. Therefore, I probably will not be supporting this Bill at
all. Thank you.
Chair Furfaro: Any further discussion here as we go into
first reading? Mr. Rapozo.
Mr. Rapozo: I just actually have a question that I was
hoping we could get answered before it gets to public hearing and the first question
is as far as the violation and penalties, the way I am reading this it appears that it
is like an administrative fine and not a criminal penalty. Is that what it is? So, this
is basically a civil penalty?
Ms. Yukimura: I believe so. It is like a traffic fine.
Mr. Rapozo: Well, a traffic fine, the fines go to the State.
In an administrative fine, the fines go to the County. So, this is not clear.
Ms. Yukimura: Okay. I am not sure then and I will clarify
that before the public hearing.
Mr. Rapozo: Well, I would like to clarify that today before
because the public will only see this on television. I think that is important. It does
not reference or it does not state that it is a misdemeanor so I am assuming it is
COUNCIL MEETING 73 DECEMBER 18, 2013
some sort of administrative penalty, but there is no — I guess I am just concerned
about what happens to those funds. Then, it looks like a duplicate on page 3 on the
bottom. Severability is identical to the Section 2 on page 4.
Ms. Yukimura: That should be a duplicate.
Mr. Rapozo: It should be?
Ms. Yukimura: No, it is not should, but what you are saying
is it sounds like a duplicate. We only meant for that to be once.
Mr. Rapozo: Yes. So, one of that has to be removed.
Ms. Yukimura: Thank you.
Mr. Rapozo: But my big concern is obviously the
enforcement and it looks like the Kaua`i Humane Society would be the enforcement
authority or any o ther enf o rcement person. What ha pp ens to the funds after this
and who administers the funds? Is it going to be the Kaua`i Humane Society who is
going to collect the money and keep the money?
Ms. Yukimura: No. This will be in court. So, it may be a...
Mr. Rapozo: If it is in court then it is criminal.
Ms. Yukimura: ...a petty misdemeanor, right. Our intention
is that it be in court.
Mr. Rapozo: So, this is intended to be a misdemeanor?
Ms. Yukimura: Yes.
Mr. Rapozo: Okay.
Ms. Yukimura: Well, yes, but I do not know.
Mr. Rapozo: Because that is important for the public to
know that this is going to be a criminal matter if your dog barks. That is what...
Ms. Yukimura: Well, I apologize for not knowing, but I know
that it will be a court matter. That is where we understand the matter. As a last
resort, will be settled.
Mr. Rapozo: Did this go to the County Attorney's Office?
Ms. Yukimura: Yes.
Mr. Rapozo: And they approved this without any
reference or...
Ms. Yukimura: Yes.
COUNCIL MEETING 74 DECEMBER 18, 2013
Mr. Rapozo: Okay. Because if it is a misdemeanor, then
it has the misdemeanor has to state the jail term, it has to state all of that. So,
there is a lot of work to do here.
Ms. Yukimura: It may be a petty misdemeanor to the extent.
Jail is not intended at this point.
Mr. Rapozo: Well, I guess for the public's benefit,
Councilmember Yukimura, the Bill has to be articulate enough so that they
understand. We cannot be like it was intended but. I just want to make sure this is
tight before we get to Committee.
Ms. Yukimura: Thank you. Well, it will not be tight before it
gets to Committee, but if we can pass it today...
Mr. Rapozo: Well, why would we pass it if we are not
ready?
Ms. Yukimura: Because we can make amendments later.
Mr. Rapozo: Okay.
Ms. Yukimura: That is the whole process of this whole Bill
vetting process. A Bill is not perfect when it is introduced.
Chair Furfaro: Are you finished, Mr. Rapozo?
Mr. Rapozo: I am done.
Chair Furfaro: Mr. Hooser wants the floor.
Mr. Hooser: Yes. I will start by commending
Councilmember Yukimura for putting this out there. Ten (10) years ago or so when
I was on this Council, I also put a Barking Dog Ordinance out.
Chair Furfaro: That was fourteen (14) years ago.
Mr. Hooser: Fourteen (14) years ago. Prior to that for
years people have been complaining about the situation and then being told by the
Police and others that there is not law, there is no law, there is no law. I have
gotten a countless number of calls from people who talk about this dog tied up their
bedroom window in the lot next door barking day after day after day and no solution
to it. This is a start of a process and I believe that — I certainly do not expect to be
tight and ready to vote today. Part of the process, a big part of the process, and
putting it out on the table. I think that is what Councilmember Yukimura is doing.
She is putting it on the table. We have public input, we talk about it here, and we
amend it as may or may not be need in the future. But it is a very real issue, a very
real problem in our community. It is not an easy problem, but that is why I
commend Councilmember Yukimura for taking it on. It is easy just to tell people
"There is nothing we can do, there is nothing we can do" and nothing ever gets done.
So, this is a real issue. I thank her for being willing to do it and I am not
committing to vote for it or against it until I hear the public testimony and see the
amendments that come at the end of the day. I think it is premature to judge the
issue until we hear from the public, until the Bill has been vetted, until we have all
COUNCIL MEETING 75 DECEMBER 18, 2013
had our chance to make our contribution, hear from the Administration, hear form
the Kaua`i Humane Society, and people who are both for or against the Bill. It is
only then that we will have a product that I think would be ready to move through
this Council and into law if in fact we get there. I am supporting certainly today's
vote and again, want to thank the Councilmember for having the foresight and
courage if you will to introduce the Bill.
Chair Furfaro: JoAnn.
Ms. Yukimura: I just want to explain that Kaua`i County is
the only County in the State without a barking dog law. Right now, those residents
on Kaua`i who are expecting the problem, the Police Department, and the Kaua`i
Humane Society who often ften g remedy.the calls are without a remed . So this Bill has
been drafted to address incessant or nonstop barking that is not provoked.
Regarding Councilmember Kagawa's concern, there is an explicit exclusion for cases
where there was a provocation whether it is another animal or a person going by or
anything that is a defense. We have tried in the Bill to address those few cases that
Councilmember Kagawa has said there may be few. Actually, there may be more
than a few, but public hearing will be available for people to let us know. The Bill
P g P P
creates opportunities for fair notification, education, and support. So, as Penny
Cistaro mentioned, fines are the last resort. It also does not allow anonymous
complaints. Complainants must be willing to put their name on the line and must
take responsibility for documenting the problem and if necessary, to even go to
court as witnesses. Thank God for the Kauai Humane Society's willingness to be
the first responder because I have seen some Humane Societies that are not. They
will be the first responder with Police responsibilities being primarily that of
referral. If dispatch is called or if an Officer is referred a case and has a chance,
there is no requirement to go and investigate. They need to make referrals to the
Kauai Humane Society. They need to tell the complainant, "Please call the Kaua`i
Humane Society." If they take any action, this is the Police, then we want them to
let the Kaua`i Humane Society know of the action taken so there is a complete
record. The Police have a choice not to respond if there is higher priority problem to
respond to.
Most dogs are not a problem, but in some cases people are not able to
experience peace and quiet in their own homes which is a very difficult thing. I
have been working on this Bill for two (2) years with individuals and groups
including the Kaua`i Humane Society, the Police Department, the Prosecuting
Attorney's Office, residents with barking dogs problems, and I also want to thank
the Kauai Hunting Association because they had a couple meetings to get feedback
and suggestions. That was just the beginning. There is a lot more opportunity for
input as this Bill goes through the formal process of Council and public review. I
want to invite anyone in the public who is being affected by barking dogs and those
who have concerns about this Bill to please come to the public hearing or E-mail us
or write us and to provide any further input so we can hopefully create a good law.
Mr. Rapozo: I just have one (1) more question.
Chair Furfaro: Yes. Mr. Rapozo, you have the floor.
Mr. Rapozo: Just a question for the author again. How
are we planning on funding this program through the Kaua`i Humane Society?
COUNCIL MEETING 76 DECEMBER 18, 2013
Ms. Yukimura: Right now the Kaua`i Humane Society
already responds.
Mr. Rapozo: They do not respond.
Ms. Yukimura: Well, sometimes they do and they do not
have a remedy.
Mr. Rapozo: I understand, but it is going to cost money.
Ms. Yukimura: No, right now...
Mr. Rapozo: It is going to cost money to run this program
because they are going to be dispatching Kaua`i Humane Society Officers which
right now based on the funding that we provide, they are saying they subsidize our
operation so they have stopped services at night. They have stopped responding
after 7:00 p.m. and so forth. How are we planning on paying for this program if all
of these funds and the penalties are going to the State?
Ms. Yukimura: Well, from what I understand the Kauai
Humane Society, when they get a complaint as Penny Cistaro explained, will
educate the complainant and tell them they will send them a log form for them to
make logs, and they will also send a letter with information to the dog owner. The
Kauai Humane Society in Honolulu follows that practice and it takes care of fifty
percent (50%) of the complaints. For the complaints that do not end there, if there
is enough information or evidence of a problem, then the Kaua`i Humane Society is
going to mail a citation and the person can either challenge it or pay the fine, but
this is after a huge effort almost like a month of working with both parties to
educate and...
Mr. Rapozo: My question was not answered. How do we
pay for that? It is an additional work load for the Kaua`i Humane Society which
they claim they cannot afford now.
Ms. Yukimura: We can address that both at public hearing
and Committee if you would like. What I have told you is what Ms. Cistaro has told
me.
Mr. Rapozo: I understand, but Ms. Cistaro is not the
legislative body. We are. When we pass a law, we have to make sure we have the
funding to enact the law.
Ms. Yukimura: The funding needs will be of the Kauai
Humane Society so she is the one to ask.
Mr. Rapozo: Thank you.
Chair Furfaro: I am going to suspend the rules for a
moment. Steve, may I have you come up? Steve, I am going to keep this real short
because I want to know how much work we have to do and this Bill will be in
Mr. Rapozo's Committee so I understand his concerns. The contract with the Kaua`i
Humane Society is negotiated by the Administration?
There being no objections, the rules were suspended.
COUNCIL MEETING 77 DECEMBER 18, 2013
Mr. Hunt: That is correct.
Chair Furfaro: Currently, is their contract void of any
response time after a certain time in the evening?
Mr. Hunt: I know there were revisions that were made
I cannot be specific off the
that curtailed some of the hours of services. to p p of my
head as to what concessions were made to come within their funding ability for
their services.
Chair Furfaro: I will not proceed with any more questions. I
will send some questions over. If you could review that contract as it stands right
now I would appreciate it. Oh, yes. Go ahead.
Mr. Rapozo: Steve, the current contract does not account
for a barking dog Ordinance enforcement?
Mr. Hunt: Off the top of my head I do not believe it
does. There are response incidents but I do not specifically calling out barking dogs,
but there may be some nomenclature, public nuisance, other things that might be in
there.
Mr. Rapozo: You have had no discussion with the Kaua`i
Humane Society or with the Council persons regarding the cost of this service that
would be now put on the Kaua`i Human Society?
Mr. Hunt: I have not. My discussions have been limited
to the dog licensure and now cat licensure in terms of raising additional revenues to
cover their shortfall from covering their existing services.
Mr. Rapozo: Right. That is my concern. Currently, we
have a shortfall. What is the shortfall between the County and the Kauai Humane
Society based on what they are saying?
Mr. Hunt: Current level service in rough numbers,
about two hundred fifty thousand dollars ($250,000).
Mr. Rapozo: Two hundred fifty thousand dollars
($250,000). They are saying that they subsidize the County operation?
Mr. Hunt: From prior years, correct.
Mr. Rapozo: Which has been actually reduced their
services over the last few years. Am I correct?
Mr. Hunt: Well, this particular year we have reduced
some of their services to curtail some of their loss if you will.
Mr. Rapozo: Right, well the contract was reduced, but
their services have been reduced for quite some time and I know that from personal
experience. I am not just saying that.
Mr. Hunt: Right.
COUNCIL MEETING 78 DECEMBER 18, 2013
Mr. Rapozo: I guess my question to you, Steve, is how
would we pay for this?
Mr. Hunt: Again, without looking at the contract if in
fact words like "responding to nuisances and things like that" were covered by the
barking dogs and they are doing that, I would have to visit that with Penny and the
Administration there to make sure that that is covered. If it is not, then we would
have to amend our contract as well and scope additional services and probably pay
for those.
Mr. Rapozo: And how, is the question?
Mr. Hunt: We would have to come to you with a Money
Bill.
Mr. Rapozo: Okay. I got it. Thank you.
Chair Furfaro: JoAnn.
Ms. Yukimura: Steve, if the Kaua`i Humane Society does not
ask for more money for this, is there any money the County has to even look for?
Mr. Hunt: If they do not ask for more?
Ms. Yukimura: Right.
Mr. Hunt: And they are willing to amend the services or
if it is clarified that the barking dog would be part of their existing services, then...
Ms. Yukimura: It is right now.
Mr. Hunt: I am not sure. I cannot speak to that. I do
have not been asked to review the contract today.
Ms. Yukimura: But if they do not ask for money for their
services, then you do not have to look for more right?
Mr. Hunt: Likely not with the Kaua`i Humane Society.
Again, I do not know from the Police Officers in terms of their response if they are
also involved in this and depending on the hours. If there are certain hours of
operation that the Kaua`i Humane Society is willing to commit to and if we have
after hours that is being responded to by Police, that may involve additional
services or overtime. I cannot speak for them.
Chair Furfaro: Let us end it right here because that needs to
be reviewed and what you just said was the whole purpose of me calling you up.
With their negotiated operating hours, if they are not there to respond it is not
within their current negotiated operating hours; therefore, nobody is going to
respond to the dogs other than maybe the Police Department. So, we are going to
send over some questions. We are already almost forty-five (45) minutes behind in
our Executive Sessions for a pre-posted time with our legal people. Gary, I will go
to you right after I let JoAnn finish her question alright. JoAnn, you still had your
Y g q g
hand up. Go ahead.
COUNCIL MEETING 79 DECEMBER 18, 2013
Ms. Yukimura: Well, I just want to clarify for everybody,
Steve included, that the Kaua`i Humane Society does not work in the night and that
is why in this MOU that they are working on with the Police, the only thing the
Police has to do during those hours is to tell the complainant if the complainant
calls dispatch or if a Police Officer is somehow drawn into this and complained too,
they have to tell the complainant to please call the Kaua`i Humane Society in the
morning. That is how they are planning to deal with this problem and they will
take it during their business hours and deal with it. They thought through how to
do that.
Mr. Hunt: I have not been a part of those discussion so
I cannot comment on it.
Ms. Yukimura: Yes, thank you.
Chair Furfaro: I need to go to Mr. Hooser one (1) time, then
Mr. Bynum, then Mr. Kagawa, and then we are not going to get any further in this
agenda today because we are going to go into Executive Session. Mr. Hooser, you
have the floor followed by Mr. Bynum.
Mr. Hooser: Thank you, Chair. My suggestion was that
we vote. This is first reading. All of these issues are going to come up in the weeks
ahead and we are all free to offer amendments and vote up or down at the end of the
day. We have had plenty discussion. Thank you.
Chair Furfaro: Thank you, Steve.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Mr. Bynum.
Mr. Bynum: This is all about establishing community
norms which is difficult. To change community norms is different. We have a norm
changing now on first reading. We have never gone this deep in first readings and
asked questions, but okay. I want to tell a story. I have been on this Council since
2006. In the first two (2) weeks I was on Council, four (4) of the six (6) other
Councilmembers came to me and said, "Let me give you a heads up. Do not touch
that barking dog issue. It is a deep hole. It is going to be problematic. We went
through it. Trust me. Do not do it." But it is a very serious issue. I cannot tell you
how many times in my eight (8) years I have been approached by community
members asking for assistance. I do not know about the current Chief, but every
Police Chief before this one said, "Please pass this Ordinance." The Kauai Humane
Society in all that they have said, "Go ahead and do this Ordinance." I have told
community members several time, "I will not introduce it because of those
cautions." I do applaud Councilmember Yukimura's courage in doing this because
this is —but we can get through this. It is all about having an open mind and doing
the community norms. Barking dogs are a very serious issue for a very large
number of people, but most of these, when the norms are established can be
resolved without any government involvement when we establish those norms and
have this dialogue. I am hoping that the outcome is good for all of us and we
establish a new community norm like we did at Wailua Beach. Remember it was
outrageous that we were not going to let people drive on Wailua Beach under the
Wailua Bridge anymore. Now I think none of us would want that, but it took time.
COUNCIL MEETING 80 DECEMBER 18, 2013
The community's norms changes. Hopefully, they are changing about leash laws
and I think they are because we have been having that dialogue. I am going to be
very supportive with this on first reading and keep an open mind.
Chair Furfaro: Mr. Kagawa.
Mr. Kagawa: Thank you. I just wanted to clarify since
Councilmember Yukimura talked about me a little bit. I do not have a problem
with my neighbor regarding my barking dog. In fact, she thanked me for my dog.
She said she feels a lot safer because she does not have one. My reservations are
not with my neighbor. I have a good relationship with my neighbor and my dog. I
just want to say, it is not like we need a law to do something. I recently went out to
Kawaihau District. There was one of your stickers on this guys' truck and I helped
him because he called me about a puppy mill being operated next to his house.
About over twenty (20) small dogs that barks every night. He and his wife cannot
sleep at night. I put in a request to Planning to look into this and apparently they
went out, found no violations because they found no proof of any sale going on. The
good thing is I think the Planning Department going out and talking to this puppy
mill owner or owner of a lot of dogs got the message and I guess he took steps on his
own to run his dogs during the day, give them some exercise instead of just leaving
them in the cages, and the problem has gotten better. So, there are things that we
can go without a law and that is just one (1) instance. I have been on the Council
for just a year. So, there are things that we can do. Thank you.
Chair Furfaro: I would like to get to...go ahead, JoAnn.
Ms. Yukimura: Well, I am just concerned about putting this
Bill in Councilmember Rapozo's Committee if he does not want it.
Chair Furfaro: That is why I raised the question and I want
you...
Ms. Yukimura: So, I could amend my motion...
Chair Furfaro: Let me say something. We can put it in your
Committee if we get a super majority vote by the Council to suspend the rules and
we can put it in your Committee. That is why I asked the question already and that
is in our Rules.
Ms. Yukimura: Thank you, Mr. Chair. I am just being really
open about this in terms of what is best for the process. The other option is I think
Committee of the Whole which is — so, I am just putting it out just to ask what
would be most appropriate.
Chair Furfaro: I think what most appropriate, if you want to
put it in a Committee, we go by the rules and put it in yours. To put it in the
Committee of the Whole, to try and run some quality narrative along the way going
through Committee, I think that would be inappropriate for it to be in the
Committee of the Whole. That is my feeling.
Ms. Yukimura: Okay. I am okay with it in my Committee.
What is the wish of the body I guess?
COUNCIL MEETING 81 DECEMBER 18, 2013
Chair Furfaro: I guess that is the question I am going to
ask, but I am telling you right now, to do it in the Committee of the Whole and then
have it come back to the Committee of the Whole is...Mr. Bynum, you have the
floor.
Mr. Bynum: I would tend to want it to go to a Committee
that staff and you agreed it went to. I have faith in Mr. Rapozo managing the Bill
regardless of his position on it. He is a professional. Unless he is requesting that it
be moved somewhere else, I do not feel a need to do that.
Chair Furfaro: I asked that question already, but I will give
Mr. Rapozo the floor and I too, agree with you that he is extremely professional and
he can run his Committee regardless of what his position might be. He will give
fair and equitable time to all. Mr. Rapozo, you have the floor.
Mr. Rapozo: Thank you, Mr. Chair and thank you,
Mr. Bynum. I guess I feel offended that Councilmember Yukimura would think
that I did not want. It is not about that. We have a public hearing coming up and
there are some questions that I felt were important before it went to public hearing
so the public would know what this Bill really is. That is the reasons I asked the
question. Regardless on my position on the Bill, I will definitely run the Committee
fair and equitable. I will say that question period will be question period. I am
going to cut you off if you do dialogue during the question period. I mean, that is
just what is going to happen, but that has nothing to do with the Bill and the merits
of the Bill. It is all about the parliamentary procedure. So, it belongs in my
Committee, I would hope it stays there, and we will take it from there. Again, I
asked the question for the public because I would read the text message that I
received earlier, but it would violate every single public rule on open television.
There are a lot of f-bombs dropped. This is going to cause a lot of concern and
controversy in the community and I welcome it in my Committee. I will just warn
the members that the Committee will be run strict and that is how it is going to be,
but I would ask that we keep in my Committee.
Chair Furfaro: Mr. Hooser.
Mr. Hooser: Yes. It looks like and earlier I supported it
that Councilmember Rapozo wanted it in his Committee. At that point, I was not
aware of how strongly he felt or appears to feel about the Bill. I think it is a
legitimate question to ask. I think other legislative bodies actually have rules
where if you vote against something, you are not allowed to Chair it or be on the
Committee at later stages, but I also trust that Councilmember Rapozo's
professionalism, work ethic, and experience will allow him to do a good job in
running this Committee.
Chair Furfaro: Thank you. Now, I would like to get to a vote
and as I had said earlier, I thought it was legitimate for Mr. Rapozo to ask those
questions simply because it is earmarked to go into his Committee. We are going to
take a vote for this by roll call and let the yays and the nays fall where they are.
The motion for passage of Bill No. 2516 on first reading, that it be ordered to
print, that a public hearing thereon be scheduled for January 16, 2014, and
that it thereafter be referred to the Environmental Services / Public Safety /
Community Assistance Committee was then put, and carried by the following
vote:
COUNCIL MEETING 82 DECEMBER 18, 2013
FOR PASSAGE: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL—0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: Seven (7) ayes. It is unanimous at first
reading and will be in Mr. Rapozo's Committee. Now, we have fallen way behind.
We are going to end at this point. I am going to ask the County Attorney to come
up. We are at least fifty-five (55) minutes off on our agenda time today.
Mr. Hooser: I have a question Chair.
Chair Furfaro: Yes, go right ahead.
Mr. Hooser: You said we are going to "end." Does that
mean the other items on the agenda will not be heard after Executive Session?
Chair Furfaro: No, no. We are going to end where we are at
in first reading. We have several Bills for first reading that we have to come back
to.
Mr. Hooser: Okay. Do we have an estimate of that time
for the public's perspective? Is it an hour, two (2) hours?
Chair Furfaro: Let me see. No, I do not know.
Mr. Hooser: Okay. I just had to ask. Thank you.
Chair Furfaro: County Attorney, you have the floor.
There being no objections, the rules were suspended.
There being no objections, the Executive Sessions were taken out of order.
EXECUTIVE SESSION:
JENNIFER S. WINN, Deputy County Attorney: Thank you. Good
afternoon, Chair and Councilmembers. Jennifer Winn, Deputy County Attorney.
Just to clarify, Chair, which items should I be reading?
Chair Furfaro: I am looking for you to read, what was my
plan of an hour ago, I am asking you to read ES-690, ES-692, and ES-691.
ES-690 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and Kauai County Charter Section 3.07(E), the purpose of this Executive
Session is to provide the Council with a briefing and request for authority to settle
the case of Kathleen M. Ah Quin vs. County of Kaua`i, Department of
Transportation, et al., Civil No. 08-00507 JMS BMK, 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.
COUNCIL MEETING 83 DECEMBER 18, 2013
ES-692 Pursuant to Hawai`i Revised Statutes (HRS) 92-4, 92-5(a)(4),
and Section 3.07(e) of the Kauai County Charter, the Office of the County Attorney
requests an Executive Session with the Council to provide the Council with a
briefing on the retention of special counsel to represent the County of Kaua`i in
Eric Y. Shibuya vs. County of Kaua`i, et al., Civil No. 13-1-0345 (Fifth Circuit
Court), and related matters. The briefing and consultation involves consideration of
the powers, duties, privileges, immunities, and/or liabilities of the Council and the
County as they relate to this agenda item.
ES-693 Pursuant to Hawai`i Revised Statutes 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 allow
Special Counsel the opportunity to provide the Council with a briefing regarding
Ernesto G. Pasion vs. County of Kaua`i; Jay Furfaro: et al., Civil No. 13-1-0340
(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.
Chair Furfaro: Okay, that was ES-693. You may as well
read them all. I am sorry. I am looking and some of these were supposed to be read
at 2:00 p.m. You might as well read them all.
ES-688 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive
Session is to provide the Council with a briefing and request for authority to settle
the claim against the County by True Blue Inc., dba Kaua`i Beach Boys, filed on
June 4, 2012, 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-689 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 to provide the Council
with a briefing regarding the claim against the County by Ron Rawls, filed on
April 9, 2013, 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-691 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 Lynell Tokuda, et al.
vs. Chris Calio, et al., Civil No. CV13-00202 DKW BMK (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.
Chair Furfaro: Thank you very much.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: It has been my practice to take a roll call
vote before we go into Executive Session, I want for the people in the audience, we
will complete Executive Sessions before we come back out and this is for you too,
COUNCIL MEETING 84 DECEMBER 18, 2013
BC, to finish items C 2013-385, C 2013-386, and to finish the items that we have not
completed in the Bill reading section which is Bill No. 2505, Bill No. 2506, Bill
No. 2507, and Bill No. 2508. We will have to come back out in public for those
items. BC, I will not forecast how long we will be, but we have read all of our
Executive Sessions and I would like to have a roll call vote by the Clerk to go into
session.
Mr. Bynum: We need a motion Chair.
Chair Furfaro: Yes.
Mr. Bynum moved to convene in Executive Session for ES-688, ES-689,
ES-690, ES-691, ES692, and ES-693, seconded by Mr. Kagawa, and carried
by the following vote:
FOR EXECUTIVE SESSION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST EXECUTIVE SESSION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: 7:0. Thank you very much. Members, no
more than ten (10) minutes. Please be in the Executive Chambers.
There being no objections, the Council recessed at 3:01 p.m.
The Council reconvened at 4:25 p.m., and proceeded as follows:
Chair Furfaro: We are back from our Executive Session. I
would like to ask the Clerk to go to page 3 and let us continue through the process
here.
COMMUNICATIONS:
C 2013-385 Communication (12/11/2013) from the County Attorney,
requesting Council approval to expend additional funds up to $10,000 for Special
Counsel's continued services provided for Defendant Chris Calio in Lvnell Tokuda,
et al. vs. Chris Calio, et al., Civil No. CV13-00202 DKW BMK (U.S. District Court),
and related matters: Mr. Rapozo moved to approve C 2013-385, seconded by
Mr. Chock.
Chair Furfaro: Anyone want to give testimony to that?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Chair Furfaro: And further discussion members? If not, we
will just to a roll call, right?
COUNCIL MEETING 85 DECEMBER 18, 2013
The motion to approve C 2013-385 was then put, and carried by the following
vote:
FOR APPROVAL: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST APPROVAL: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL—0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: 7:0.
C 2013-386 Communication (12/11/2013) from the County Attorney,
requesting Council approval to expend additional funds up to $10,000 to retain
Special Counsel to represent the County of Kaua`i in Eric Y. Shibuya vs. County of
Kaua`i, et al., Civil No. 13-1-0345 (Fifth Circuit Court), and related matters:
Mr. Kagawa moved to approve C 2013-386, seconded by Ms. Yukimura.
Chair Furfaro: We have a motion to approve and a second.
Members, discussion? If not, roll call, please.
The motion to approve C 2013-386 was then put, and carried by the following
vote:
FOR APPROVAL: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST APPROVAL: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: 7:0. Thank you very much. I believe we are
going to page...
Ms. Fountain-Tanigawa: Did you want to take the Resolution or the
Bills, Chair?
Chair Furfaro: Let us take the Bills.
Ms. Fountain-Tanigawa: This is on page 7.
There being no objections, the Bills for First Reading were taken out of order.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2517) — A BILL FOR AN ORDINANCE TO
ESTABLISH A NEW ARTICLE UNDER CHAPTER 22, KAUAI COUNTY
CODE 1987, AS AMENDED, ENTITLED CAT LICENSING PROGRAM:
Ms. Yukimura moved for passage of Proposed Draft Bill No. 2517 on first reading,
that it be ordered to print, that a public hearing thereon be scheduled for
January 16, 2014, and that it thereafter be referred to the Finance & Economic
COUNCIL MEETING 86 DECEMBER 18, 2013
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee,
seconded by Mr. Bynum.
Chair Furfaro: Is there anyone in the audience that wants
to speak in this item?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Chair Furfaro: Is there any discussion here? Now, we do
roll call, right?
ht.
The motion for passage of Bill No. 2517 on first reading, that it be ordered to
print, that a public hearing thereon be scheduled for January 16, 2014, and
that it thereafter be referred to the Finance & Economic Development
(Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee
was then put, and carried by the following vote:
FOR PASSAGE: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: 7:0. Next item please.
Proposed Draft Bill (No. 2518) —A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2013-754, AS AMENDED, RELATING TO THE CAPITAL
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2013 THROUGH JUNE 30, 2014, BY REVISING THE AMOUNTS
ESTIMATED IN THE SPECIAL TRUST FUND FOR PARKS & PLAYGROUNDS
(Black Pot Park Expansion - $94,427): Mr. Kagawa moved for passage of Proposed
Draft Bill No. 2518 on first reading, that it be ordered to print, that a public hearing
thereon be scheduled for January 16, 2014, and that it thereafter be referred to the
Finance & Economic Development (Tourism / Visitor Industry / Small Business
Development / Sports & Recreation Development / Other Economic Development
Areas) Committee, seconded by Ms. Yukimura.
Chair Furfaro: Okay, and I have second from
Councilmember Yukimura on Mr. Kagawa's motion.
Ms. Yukimura: Mr. Chair?
Chair Furfaro: Go right ahead.
COUNCIL MEETING 87 DECEMBER 18, 2013
Ms. Yukimura: I just want to express my gratitude that I
believe this will help us close our efforts to expand Black Pot Beach with this
particular parcels that we have been working on.
Chair Furfaro: It has been through a long process and we
are finally coming to the end here. Keith, were you here to speak on this item?
Well thank you very much for being here. Is there anyone else that wants to speak
on this?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Chair Furfaro: If not, let us do a roll call.
The motion for passage of Bill No. 2518 on first reading, that it be ordered to
print, that a public hearing thereon be scheduled for January 16, 2014, and
that it thereafter be referred to Finance & Economic Development (Tourism /
Visitor Industry / Small Business Development / Sports & Recreation
Development / Other Economic Development Areas) Committee was then put,
and carried by the following vote:
FOR PASSAGE: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: 7:0. Thank you. Next item.
BILLS FOR SECOND READING:
Bill No. 2505 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2013-754, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2013
THROUGH JUNE 30, 2014, BY REVISING THE AMOUNTS ESTIMATED IN THE
GENERAL FUND CIP (Kaneiolouma Heiau - $805,000, Complete Streets
Koloa/Po ipu - $333,528, Po ipu Beach Park - $333,527): Ms. Yukimura moved to
adopt Bill No. 2505 on second and final reading, and that is be transmitted to the
Mayor for his approval, seconded by Mr. Bynum.
Chair Furfaro: We have a motion and a second. Is there
anyone wishing to testify on this item?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and r cee follows:
p o ded as o lows:
Chair Furfaro: Discussion members? If not, roll call P lease.
COUNCIL MEETING 88 DECEMBER 18, 2013
The motion to adopt Bill No. 2505 on second and final reading, and that it be
transmitted to the Mayor for his approval, was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST ADOPTION: None TOTAL—0,
EXCUSED & NOT VOTING: None TOTAL—0,
RECUSED & NOT VOTING: None TOTAL—0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: 7:0. Thank you very much. Next item.
Bill No. 2506 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2013-754, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2013
THROUGH JUNE 30, 2014, BY REVISING THE AMOUNTS ESTIMATED IN THE
BOND FUND (Kaneiolouma Heiau - $350,000, Heiau Contingency - $63,407):
Mr. Chock moved to adopt Bill No. 2506 on second and final reading, and that is be
transmitted to the Mayor for his approval, seconded by Ms. Yukimura.
Chair Furfaro: I have a motion and a second. Is there
anyone in the audience?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Chair Furfaro: Members, any discussion? If not, roll call
please.
The motion to adopt Bill No. 2506 on second and final reading, and that it be
transmitted to the Mayor for his approval, was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: Thank you.
Bill No. 2507 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2013-753, AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2013 THROUGH JUNE 30, 2014, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND, SOLID WASTE FUND, AND SEWER
FUND: Ms. Yukimura moved to adopt Bill No. 2507 on second and final reading,
and that is be transmitted to the Mayor for his approval, seconded by Mr. Rapozo.
COUNCIL MEETING 89 DECEMBER 18, 2013
Chair Furfaro: Is there anyone in the audience that wishes
to speak on this item?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Chair Furfaro: Members? Councilmember Yukimura.
Ms. Yukimura: Yes, I have no problem waiving fees for
Surfrider and those groups that are helping the County pick up rubbish and debris
from the shorelines. I have great problems having to waive fees for hazardous — oh,
it is not that one. Sorry.
Chair Furfaro: Wrong number.
Ms. Yukimura: Wrong one, then I withdraw my statements
and will say them at the right time. Sorry.
Chair Furfaro: As an early member of Save Our Surf when
Dr. Kelly was doing it at Yokoyama Bay, I want to tell you how much the volunteer
work that is done by so many people is focused on keeping our ocean access and our
beaches clean. I concur with your comments and I would now like to call for a roll
call vote please.
The motion to adopt Bill No. 2507 on second and final reading, and that it be
transmitted to the Mayor for his approval, was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: Thank you.
Bill No. 2508 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2013-753, AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2013 THROUGH JUNE 30, 2014, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND (Licenses & Permits/Dog (Street-Use -
General Fund) - $110,000, Kauai Humane Society (Special Projects) - $110,000):
Ms. Yukimura moved to adopt Bill No. 2508 on second and final reading, and that is
be transmitted to the Mayor for his approval, seconded by Mr. Rapozo.
Chair Furfaro: I have a motion and a second. Seeing no one
who wants to give testimony with the raise of their hands, members any comments?
If not, roll call please.
COUNCIL MEETING 90 DECEMBER 18, 2013
The motion to adopt Bill No. 2508 on second and final reading, and that it be
transmitted to the Mayor for his approval, was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL — 7,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: 7:0. Next item.
Bill No. 2509 — A BILL FOR AN ORDINANCE AMENDING
SECTION 21-9.2(D) OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT
Chair Furfaro: Madame Clerk, can I ask that we hold on
this item. I know that we have two (2) citizens that may have been here for the cat
licensing Bill of which we passed while you were not here. If you wanted to offer
testimony, although our action has already taken place, I would like to recognize
you and allow you to come up and give testimony. Hold on everybody. The process
is a first reading, public hearing, to the Committee, and then final reading. We are
going through that process. There are never time limits there, but I as Chair, can
give you time now to offer testimony if you would like. There will be future time to
do the same. I am sorry. You are going to have to come up to the microphone. Yes.
There being no objections, the rules were suspended to take public testimony.
Chair Furfaro: Let me clarify what is happening. What is
had passed out to is to be agenda for a public hearing on January 16, 2014. That is
what I was just checking with the Clerk.
ANNETTE ODA: Oh, January 16, 2014.
Chair Furfaro: But you can give us testimony now and I will
make that exception and you can give testimony as well.
Ms. Oda: Thank you.
Chair Furfaro: But there will be further testimony on
January 16, 2014.
Ms. Oda: And testimonies can be given via E-mail and
whatever?
Chair Furfaro: Yes.
Ms. Oda: And taken with as much weight as being
here personally?
Chair Furfaro: Yes, it will be entered into the record.
COUNCIL MEETING 91 DECEMBER 18, 2013
Ms. Oda: Okay, that is good to know. I know you folks
are running short of time and things like that, but in short...
Ms. Yukimura: Annette, give your name.
Ms. Oda: Oh. My name is Annette Oda and I am a
resident of Kaua`i. I just wanted to say that actually, the bottom line is I am really
surprised that the County Council actually takes time to discuss this kind of issue
using taxpayers' money and your valuable time and effort on something like cats
and dogs. Moreover, even the thought of licensing a cat, whoever started the Bill,
initiated the Bill apparently does not understand the nature of a cat. You cannot
treat a cat like a dog. Basically, I am really frustrated and disappointed that the
County Council would dare to spend valuable time, money which is a scarcity in this
day and age on cats and dogs. Like Mr. Kagawa said earlier, he said something
about we do not need a law for something like this. We do not need to give all of our
hard working government employees more to do. They do not need more
responsibilities to be put on them. They need to be able to focus on more important
things. I am just appalled to think that you are spending my taxpayer money on
something as futile as cat licensing. That is absurd. I even talked to my friends on
the other islands and they said, "What? What is happening to this County Council
when they have time to spend talking about cat licensing and barking dogs?" Come
on. Definitely, there is a way we can all talk about it, discuss, and work it out. As
Mr. Bynum had mentioned, community, right? Community through community we
work together and get it resolved, but do not spend taxpayers' money on something
like this. This is ridiculous. I am sorry, but I could not believe my eyes that the
County Council is spending a lot of time, effort, very important — I mean, you folks
work so hard and you are under guidelines of taxpayers' moneys. You do not need
this.
Chair Furfaro: Thank you.
Ms. Oda: Spend it on good things. Okay, I am sorry.
Thank you.
Chair Furfaro: No, no, that is okay. Come right up. Just
start by introducing yourself.
MICHAEL ODA: Alright. My name is Michael Oda. Pertains
to about the cat first reading bill, what you propose to talk about...Anyway, I
believe there should be a long-term reference in regards to what you are proposing
in this Bill. Everything to me, should have a long-term rather than just moment to
� g g just
because of how we think and what you think is only for certain things in
the moment that it is happening. When I say long-term sustainable things is that
you have signs law manifestation. I do not know for certain if you understand what
I am talking about, but I think you do because I do not belittle people and there
comes a time when there are changes in our environment and habitats of organisms
that when you continually lessen your ability to propagate because of an
organization what they believe in, you can actually lessen organism, animals, or
cats pertaining to cats. I am sorry. Cats as a functional unit in the environment
because they a purpose whether you believe it, understand it, or really care. If you
only subject them to what you think as a menace or you want to regulate as far as
ownership and liability. Fine, government. I will not go against what the
government believe that is good. My portion is about an animal that can be
threatened by disease and actually be so reduced that they can go extinct whether
COUNCIL MEETING 92 DECEMBER 18, 2013
you believe it or not. Changing climate can cause that with people who may not do
the right decision on how to regulate the animals whether by their ideas. To me, we
should have a way to have intervention of people who studies animals and disease
and the function of them in the environment, what they do, and the purpose of them
being created.
Ms. Fountain-Tanigawa: Three (3) minutes.
Mr. Oda: Alright. Thank you so much.
Chair Furfaro: Thank you very much for your testimony.
Mr. Oda: You are welcome.
Chair Furfaro: January 16, 2014 it will be back on our
agenda.
Mr. Oda: Alright.
Chair Furfaro: Thank you.
Mr. Oda: Thank you.
Chair Furfaro: Members, is there anyone that wanted to
have any conversation?
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Ms. Yukimura: Just a point of personal privilege.
Chair Furfaro: Go right ahead, JoAnn.
Ms. Yukimura: As a person who introduced both the cat
licensing and that barking dogs Bill. I just want to say that if we do not have
systems to address cat and dog issues, the community will have many problems and
in Thimphu, Bhutan which I visited, there are packs of loose and wild dogs running
around which are some major problems. Cat licensing is a way to control the
o ulation of cats because it is tied to neutering p g cats and an uncontrolled
population of cats is both a public health, environmental, and community concern.
The cat licensing is also a way to raise money for the work of the Kaua`i Humane
Society whose work is more involved with cats than with dogs in terms of numbers.
So, that is just some of the rationale for introducing these Bills, but as the Chair
has said, we will have much more dialogue on this and I thank the Odas for coming
today and for expressing their concerns.
Chair Furfaro: Thank you Councilmember. Again, that date
would be January 16, 2014. Now, on that note, Madame Clerk, I would like to go
back to our agenda item which I believe we are going call somebody up. So, go right
ahead.
Ms. Fountain-Tanigawa: This is on page 8.
COUNCIL MEETING 93 DECEMBER 18, 2013
Bill No. 2509 — A BILL FOR AN ORDINANCE AMENDING
SECTION 21-9.2(D) OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT: Mr. Kagawa
moved to adopt Bill No. 2509 on second and final reading, and that is be
transmitted to the Mayor for his approval, seconded by Ms. Yukimura.
Chair Furfaro: Is there anyone here to give testimony?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Chair Furfaro: Members, the Chair recognizes
Councilmember Yukimura.
Ms. Yukimura: I apologize for my error in speaking on the
wrong Bill, but this is the right one.
Chair Furfaro: It has happened to me before. Go ahead.
Ms. Yukimura: Thank you. This is the one that waives fees
for debris to our landfill brought forth by nonprofit groups like Surfrider who
performs a public service in clearing our shoreline of debris, but it also exempts
hazardous waste for County operations. I want to say that because of poor
management of the contractor of that Puhi Metals site and now the cleanup that the
County is having to do, we have all of these hazardous wastes. It would have been a
private cost had we done proper contract management and so it is very difficult for
me to approve taxpayers' money. It is true that we are going to pay for it one way
or the other, but when the fees for Solid Waste come up, it is one of the things I will
look at to see whether the Department or the Division for Solid Waste is doing their
part in terms of good management so that taxpayers' money is properly used. I just
wanted to raise this issue because it is an issue with this Bill and it will be an issue
with our budget and also with some other Bills coming forth.
Chair Furfaro: Thank you, JoAnn. Anyone else wanting to
give testimony or commentary? If not, I would like to have a roll call vote please.
The motion to adopt Bill No. 2509 on second and final reading, and that it be
transmitted to the Mayor for his approval, was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: Seven (7) ayes.
COUNCIL MEETING 94 DECEMBER 18, 2013
Bill No. 2511 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2013-753, AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2013 THROUGH JUNE 30, 2014, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND, SOLID WASTE FUND, SEWER FUND,
GOLF FUND, HIGHWAY FUND, HOUSING AND COMMUNITY
DEVELOPMENT FUND, KALEPA HOUSING FUND, AND PAANAU HOUSING
FUND: Mr. Kagawa moved to adopt Bill No. 2511 on second and final reading, and
that is be transmitted to the Mayor for his approval, seconded by Mr. Rapozo.
Chair Furfaro: Discussion?
Mr. Kagawa: Yes.
Chair Furfaro: Go right ahead Mr. Kagawa.
Mr. Kagawa: Thank you, Chair. Since he is here, I just
want to thank Steven Hunt, Finance Director. I think he has done an amazing j ob
since stepping in in these few months. Thank you, Steve.
Chair Furfaro: I think that comment was very appropriate.
Steve, thank you very much. I think Mr. Kagawa speaks for the entire Council.
Coming off of the audit review yesterday, we saw some very solid evidence of the
improvements that have been made and your reconciliation of these accounts as we
go into budget is much appreciated. Thank you for the work you do. Any further
comments? If not...
The motion to adopt Bill No. 2511 on second and final reading, and that it be
transmitted to the Mayor for his approval, was then put, and carried by the
following vote:
FOR ADOPTION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: Seven (7) ayes. Thank you.
Ms. Fountain-Tanigawa: This bring us to our last item on the agenda
on page 6.
RESOLUTION:
Resolution No. 2013-72, Draft 1 — RESOLUTION TO IMPLEMENT AN
ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS STUDY (EPHIS), VIA
FORMATION OF A PESTICIDE AND GENETIC ENGINEERING JOINT FACT
FINDING GROUP (JFFG): Ms. Yukimura moved to adopt Resolution No. 2013-72,
Draft 1, seconded by Mr. Kagawa.
Mr. Hooser moved to amend Resolution No. 2013-72, Draft 1 as circulated, as
shown in Floor Amendment #1 which is attached hereto and incorporated
herein as Attachment 1, seconded by Mr. Bynum.
COUNCIL MEETING 95 DECEMBER 18, 2013
Chair Furfaro: Is this your amendment coming around?
Mr. Hooser: I hope so.
Ms. Yukimura: No.
Chair Furfaro: I am going to do this. Mr. Hooser, I am going
to identify yours as Floor Amendment #1, I am going to identify Mr. Bynum's as
Floor Amendment #2, and I will identify Councilmember Yukimura's as Floor
Amendment#3. So, you have the floor sir.
Mr. Hooser: Okay. I got a second, is that right?
Chair Furfaro: Yes.
Mr. Hooser: Okay, thank you. I will walk through mine
very quickly. It is labeled as 1, 2, 3, and 4. Starting with number 1, basically this
restates similarly what was already there. I think it makes it clear, but also adds in
"economics" and "culture" in terms of the expertise. The original one says "scientific
experts, medical experts, environmental experts,..." This says "individuals with
knowledge and expertise in the fields of science, medicine, economics, culture..." So,
I think it is better stated to say someone with knowledge and expertise rather than
an expert. I do not know how you qualify some of these experts, but also adds in
"economic" and "culture." I believe the economics jobs, the economic impacts impact
on our community is a key part of discussion and also believe that you cannot have
any of these discussion without some kind of culture context. That merely says that
these people would be included. Then number 2, this was suggested by
Councilmember Bynum and I think remains the same as his. I think it is better
language to say "no less than twelve (12)" and then let the upper limit open, but
also includes economics and culture. Number 3, this is new material here. I believe
it is very important. It adds in another, I think there was ten (10) in the original
things that this Committee was going to do, but this adds in basically the
Committee shall "examine and report findings related to issues dealing with
economic impacts, food sustainability, and environmental justice;." So, it is not an
onerous requirement I do not believe. It just simply says, "examine and report
findings." It does not require any extensive studies. It does not require the group to
really do much, except acknowledges that "economic impacts, food sustainability,
environmental justice" issues are important and asks the group to examine and
report on those aspects. Finally, this again, mimics one that was on
Councilmember Bynum's. It just changes "twelve (12) months" to "one (1) year."
Those are the amendments. I am open to questions and open to add seriatim if
people are concerned about any particular ones. Thank you, Chair.
Chair Furfaro: Members? JoAnn, you have the floor.
Ms. Yukimura: I just want to point out that in the
amendment that I am proposing, I did want to incorporate Councilmen Bynum's
suggestion made in Committee about the no less...oh, and we have "up to." It should
be no less than twelve (12)." Oh, no. Yes, it should be "no less than twelve (12) and
not more than eighteen (18)." So sorry. I guess mine is wrong, but I did like that
idea of leaving it a little bit more open, larger and changing the word "consultant" to
"facilitator" which Councilmember Hooser had pointed out at the end of our
Committee Meeting. So, back to Councilmember Hooser's suggestion, I do not mind
saying "individuals with knowledge and expertise in fields of science, medicine,"
COUNCIL MEETING 96 DECEMBER 18, 2013
etcetera, but economics brings back and the thing to "report findings related to
issues dealing with economic impacts, food sustainability, and environmental
justice" attempts to broaden the scope of the EPHIS which in its original form and
intention was meant to stay with pesticides and environmental, epidemiological,
and public health issues. I have a concern that it is starting to broaden the focus of
the EPHIS again.
Chair Furfaro: Okay. I planned to vote on all of these items
add seriatim so we will have an opportunity. Mr. Hooser, you wanted the floor?
Mr. Hooser: If I may respond briefly, Chair?
Chair Furfaro: Yes, go right ahead.
Mr. Hooser: I believe this particular line is very
important and it is soft in terms of the requirements of the groups, examine and
report findings is the only requirement. I believe that food sustainability and
environmental justice are key components of the environment and you cannot
separate out economic impacts. I think that affects everything. The very original
concept was an Environmental Impact Study (EIS) which was very, very broad and
I believe again, that certainly the economic impacts, food sustainability, and
environmental justice issues fit right into the word environment. It is mentioned
already and this just makes it clear that it does broaden it, but I think it is a
relevant and very important area to broaden. Thank you.
Chair Furfaro: JoAnn, I want to go back to your piece here
and your second amendment in your amendment number 2. Could you help me
understand again the minimum, the maximum of what you intended this to be. A
minimum of twelve (12), but not to exceed more than eighteen (18)?
Ms. Yukimura: Right.
Chair Furfaro: That is what it should say? Okay. Do we
have it fixed? We have it fixed as quickly as I said it is fixed. Wow. It is corrected
going around, JoAnn. You have the floor, JoAnn.
Ms. Yukimura: I just want to say the intention because, let
me see. Gary's does address size, but I do want to acknowledge that it is Gary's
amendment that is in front of us. My intention was to make it no smaller than
twelve (12) but not bigger than eighteen (18).
Chair Furfaro: Mr. Hooser, do you have any specifics about
the fifteen (15) versus eighteen (18)?
Mr. Hooser: No, Chair I do not. I do think a little
discretion to the facilitator/consultant is in line. As people are identified there
might be people very strong in one area and not so strong in another and you might
some other good person. So, up no less than twelve (12) was important because you
want the size of a group, but whether it was fifteen (15) or eighteen (18) or nineteen
(19), I am open.
Chair Furfaro: You are open?
COUNCIL MEETING 97 DECEMBER 18, 2013
Mr. Hooser: I am perfectly open to my colleague's
suggestions.
Chair Furfaro: JoAnn, you still have the floor before I
recognize Mr. Bynum.
Ms. Yukimura: Well, I just want to say that if we recall the
discussion on Bill No. 2491, Draft 2 the Joint Fact Finding or the dispute was so
focused on what kind of impact pesticide application has on soil, water, and air and
also what connection there is between the rate and the amount of spraying and the
or health statistics that we are finding disease and health implications o a a g at
Waimea Valley and surrounding areas. I think addressing those issues are going to
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take a lot of energy, money, and focus. While I acknowledge that there are
important economic issues at hand, I really feel that the cry from the community or
the request from the community was about these health and environmental issues.
I am hoping there is another way to address the economic issues. If I had my
(inaudible) I would just assign Andrea Brower to do a study on it. I think in terms
of need and in terms of the suitability of joint fact finding, the EPHIS should be
focused on health and environmental impacts. I guess I am strongly opposed to
expanding it to economic issues.
Chair Furfaro: So, you are challenged with item 3 in Floor
Amendment#1 introduced by Mr. Hooser and I said we will vote add seriatim on all
of these.
Ms. Yukimura: Right.
Chair Furfaro: Do you have any more on your amendment
as it is corrected?
Ms. Yukimura: Oh, no, but it is not really in front of us right
now.
Chair Furfaro: I thought I moved onto number 2. Did I not?
Ms. Yukimura: No, no. My amendments, there was no
motion to put it in front. I just wanted people to know some of the alternatives to
Mr. Hooser's. I just want to respect the fact that it is his amendment that is now in
front of the Council.
Chair Furfaro: Well, I think that is partially my job to call
that, but you actually put this out for discussion. It is probably like those cars now
that you are actually automatically back up and park. This should be parked for
right now, right?
Ms. Yukimura: Yes, except I just wanted people to know that
there is alternative to some of it. Thank you.
Chair Furfaro: So, we will just put Ms. Yukimura's item
over the in park. At this point, we have Floor Amendment#3 I think I labeled it as
Mr. Bynum's?
Mr. Bynum: Mr. Chair?
COUNCIL MEETING 98 DECEMBER 18, 2013
Chair Furfaro: Yes.
Mr. Bynum: May I request we stick Mr. Hooser's
amendment. I have not been able to speak to it and I am not even sure I am going
to introduce this third amendment yet.
Chair Furfaro: Okay, so we have two (2) in park and we will
recognize you on the floor to comment on Mr. Hooser's amendments.
Mr. Bynum: Thank you very much. I support this
amendment. It has different elements. The twelve (12) months, leaving the upper
end just makes sense. Yes, I appreciate Mr. Hooser again putting in here to concept
that a credible study will address environmental justice, food sustainability, and
economics impacts. That is part of what an environmental study does. Mr. Rapozo
and Mr. Kagawa were not here for my discussion last time, so I want to say that
any credible person that we hired, we will hire a credible person, will be well versed
in how to do and what this calls for, a report on findings related to these issues. It
will not require a large amount of additional resources, the analysis is available
from data that is already collected and readily available, and I have made this plea
throughout this process that this study be a credible one. To address these issues I
think is important and we will see how the votes fall. I think last time I put out a
lot of rhetorical things and an amendment that I have eliminated, but this is the
crux of it. Spend some time and energy analyzing these issues to make it a credible
and comprehensive report.
Chair Furfaro: So even though we have passed out Floor
Amendment #2 and Floor Amendment #3, we are staying focused here on Floor
Amendment #1. Any further dialogue and I will see if there is anyone in the
audience that wants to give testimony? Do you want to give testimony? No,
JoAnn's was only an item for the Councilmembers. It was not introduced. The only
amendment now that has been introduced is those from Mr. Hooser. Yes, we are
only dealing with the one amendment, the others are parked. Hers' is not up for
discussion at this point. It had not been introduced. We will go through this add
seriatim if I can.
Ms. Fountain-Tanigawa: Chair, we need a motion.
Mr. Hooser moved to take Floor Amendment #1 add seriatim, seconded by
Ms. Yukimura.
Chair Furfaro: We have a motion and a second. To the
Council, everybody is clear? The Deputy County Clerk, I will have her read each of
these items if you could, the highlighted portions. The first one.
Ms. Fountain-Tanigawa: Chair, do you want to take a vote on the
motion to take it add seriatim?
Ms. Yukimura: So, should we move individually?
Chair Furfaro: Yes, the motion is add seriatim so let us vote
on that and then when we get to the Clerk, she will read them one at a time. Any
further discussion on voting add seriatim?
Ms. Yukimura: Yes.
COUNCIL MEETING 99 DECEMBER 18, 2013
Chair Furfaro: Go ahead.
Oh, on voting add seriatim, no. Sorry.
Ms. Yukimura: Y'Y
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Chair Furfaro: Okay. We are all good now.
The motion to take Floor Amendment #1 add seriatim was then put, and
unanimously carried.
Chair Furfaro: Madame Clerk, would you read the first item
on Amendment#1?
Ms. Fountain-Tanigawa: Number 1, the highlighted sentence would be
"individuals with expertise a and in the fields of science, medicine,
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economics, culture, environment,."
Chair Furfaro: Thank you. May I have a roll call vote
please?
Ms. Yukimura: Mr. Chair?
Chair Furfaro: You want discussion?
Ms. Yukimura: Yes. I just want to say one (1) more thing.
J Y ( ) g
Chair Furfaro: You want discussion, go ahead.
Ms. Yukimura: I am willing to amend my amendment when
we come to it with this language minus the words "economics" and "culture."
Chair Furfaro: So, yours is parked for right now, but I
understand and it is not on the table as I just told audience. So, let us see where we
go with these three (3) votes first?
Ms. Yukimura: Okay.
Chair Furfaro: Roll call.
Mr. Hooser moved to amend Resolution No. 2013-72, Draft 1 as shown in
Floor Amendment#1, item 1 to read as follows: [knowledgeable scientific and
experts, medical experts, environmental experts,] individuals with knowledge
and expertise in the fields of science, medicine, economics, culture,
environment, seconded by Mr. Bynum, and carried by the following vote:
FOR AMENDMENT: Bynum, Chock, Hooser, Kagawa,
Rapozo, Furfaro TOTAL— 6,
AGAINST AMENDMENT: Yukimura TOTAL— 1
EXCUSED & NOT VOTING: None TOTAL—0,
RECUSED & NOT VOTING: None TOTAL—0.
Ms. Fountain-Tanigawa: 6:1.
Chair Furfaro: 6:1. Thank you. Now, let us go to item 2 in
Floor Amendment#1.
COUNCIL MEETING 100 DECEMBER 18, 2013
Ms. Fountain-Tanigawa: Item 2, the highlighted language is "no less
than" and it would read "no less than twelve (12) scientific, environmental,
economics, cultural, and public health experts" and also "along with medical
clinicians."
Chair Furfaro: Discussion members? And I am sorry, we
are leaving it at fifteen (15) or are we taking it to eighteen (18)?
Ms. Fountain-Tanigawa: This is no less than twelve (12).
Chair Furfaro: No less then twelve (12), but...
Ms. Fountain-Tanigawa: And fifteen (15) has been deleted.
Chair Furfaro: Fifteen (15) has been deleted. Okay. You
are good with that Mr. Hooser? Okay. Roll call please.
Mr. Hooser moved to amend Resolution No. 2013-72, Draft 1 as shown in
Floor Amendment #1, item 2 to read as follows: no less than twelve (12)
[fifteen (15) scientific experts, medical clinicians or] scientific, environmental,
economics, cultural, and public health experts, [environmental experts,] along
with medical clinicians seconded by Mr. Bynum, and carried by the following
vote:
FOR AMENDMENT: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST AMENDMENT: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: That is 7:0. Now, we will go to item 3 in
Floor Amendment#1.
Ms. Fountain-Tanigawa: Item 3 now reads "6) Examine and report
findings related to issues dealing with economics impacts, food sustainability, and
environmental justice;"
Chair Furfaro: Discussion? Roll call.
Mr. Hooser moved to amend Resolution No. 2013-72, Draft 1 as shown in
Floor Amendment#1, Amendment 3 to read as follows: 6) Examine and
report findings related to issues dealing with economic impacts, food
sustainability, and environmental justice:" seconded by Mr. Bynum, and
carried by the following vote:
FOR AMENDMENT: Bynum, Chock, Hooser, Kagawa,
Rapozo TOTAL— 5,
AGAINST AMENDMENT: Yukimura, Furfaro TOTAL—2,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: 5:2.
COUNCIL MEETING 101 DECEMBER 18, 2013
Chair Furfaro: So, it is 5:2.
Ms. Fountain-Tanigawa: And the fourth?
Chair Furfaro: Yes, number 4 please.
Ms. Fountain-Tanigawa: Number 4 on the first amendment. The new
language now reads "one (1) year from" and the sentence would be "the Notice to
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Proceed to the facilitator following the securing of funding;"
Chair Furfaro: Discussion? If not, roll call please.
Mr. Hooser moved to amend Resolution No. 2013-72, Draft 1 as shown in
Floor Amendment #1, item 4 to read as follows: [twelve (12) months of] one
(1) year from the Notice to Proceed to the facilitator following the securing of
funding; seconded by Mr. Bynum, and carried by the following vote:
FOR AMENDMENT: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST AMENDMENT: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: Seven (7) ayes. So, all of the seriatim item
passes?
Ms. Fountain-Tanigawa: Yes.
Chair Furfaro: Just let me get a housekeeping item. Do we
need to close this one more time?
Ms. Fountain-Tanigawa: Yes. So, we could approve it as amended.
Chair Furfaro: Yes. So, everyone, every piece passed. Now,
we will take a vote on this as amended. Discussion? Roll call.
Mr. Hooser moved to approve Resolution No. 2013-72, Draft 1 as amended,
seconded by Mr. Bynum, and carried by the following vote:
FOR ADOPTION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Furfaro TOTAL—6,
AGAINST ADOPTION: Yukimura TOTAL— 1,
EXCUSED & NOT VOTING: None TOTAL—0,
RECUSED & NOT VOTING: None TOTAL—0.
Ms. Fountain-Tanigawa: 6:1.
Chair Furfaro: 6:1. Okay, that is done. Now, the other two
(2) amendments are parked. After the passing of this first one, is there any
discussion to reintroduce any item? Councilmember Yukimura, you have the floor.
COUNCIL MEETING 102 DECEMBER 18, 2013
Ms. Yukimura: I would like to introduce the first part of my
amendment, but I need to reword it to fit the amendment that has passed. So, I
need a few minutes.
Chair Furfaro: Yes, and I will be glad to give a ten (10)
minutes recess so that we can lomi the piece, but let me find out if we have others
that want to do anything so we are taking one (1) break. Mr. Bynum.
Mr. Bynum moved to amend Resolution No. 2013-72, Draft 1 as circulated, as
shown in Floor Amendment #2 which is attached hereto and incorporated
herein as Attachment 2, seconded by Mr. Hooser.
Chair Furfaro: You still have the floor. He still has the
floor.
Ms. Yukimura: Mr. Chair?
Chair Furfaro: Yes.
Ms. Yukimura: I see that his wording does not affect my
amendments, so if mine could be prepared as we work on Tim's.
Chair Furfaro: Could someone grab...
Mr. Bynum: I was just informed that there was a typo in
my amendment. So, maybe we should take the break and correct it.
Chair Furfaro: No, that is why I said we would take the
break together. So, let us have the discussion and take it together. Now, this is
important when you are eating lunch at Waianae because when people leave the
table, somebody else making their chow fun. So, we are going to do it all together,
right?
Mr. Bynum: So, if I can discuss.
Chair Furfaro: You can discuss it and then on the break we
can take care of the housekeeping item.
Mr. Bynum: At Committee I introduced a big amendment
with lots of"whereas." These were what I considered just clarity amendments that
are more accurate in my opinion and I would like the Council's consideration
particularly paragraph 2, I think is more accurate. That is it. I would just like
consideration on these changes.
Chair Furfaro: On that note, we are going to take a ten (10)
minutes recess. For those of you that are not participating in, I want to thank
Mr. Hunt. He has completed on a separate item, the financial impacts as it related
to the six (6) year fire step movement, not for discussion tonight, but it is in your
mailboxes. If you wanted something to read on the ten (10) minutes break, you
have those ten (10) minutes to read.
There being no objections, the Council recessed at 5:11 p.m.
COUNCIL MEETING 103 DECEMBER 18, 2013
There being no objections, the meeting was called back to order at 5:21 p.m.,
and proceeded as follows:
Mr. Bynum withdrew Floor Amendment #2 and Mr. Hooser withdrew the
second.
Mr. Bynum moved to amend Resolution No. 2013-72, Draft 1 as circulated, as
shown in Floor Amendment #2a which is attached hereto and incorporated
herein as Attachment 3, seconded by Mr. Hooser.
Chair Furfaro: Mr. Bynum, you have the floor for your
amendments.
Mr. Bynum: I just think they are more accurate and I
would like the Council's consideration. I believe this is more accurate and I do not
think there is a term "genetic engineering agriculture." Anyway, I think this is the
proper wording and will see if people agree.
Chair Furfaro: Discussion members? Mr. Hooser.
Mr. Hooser: Just briefly. I think Amendment 1 just
makes it clear, quantity and amount. I agree with that. Number 2, I agree and will
be supporting the amendment. I think it makes it much clearer and much more
accurate actually. Then, number 3 also because pesticide is defined in the
Ordinance and so it is not really herbicide and pesticide and it is
pesticide-containing seed is what is being grown and should be noted here. So, I am
supporting this. Thank you.
Chair Furfaro: Further discussion on Mr. Bynum's
Amendment 2a? JoAnn, are there any conflicts?
Ms. Yukimura: 2?
Chair Furfaro: Your amendment; will there be any conflicts
with Mr. Bynum's Amendment?
Ms. Yukimura: I do not believe so.
Chair Furfaro: Okay. Mr. Kagawa.
Mr. Kagawa: Call for the question please.
Chair Furfaro: Okay, we are calling for the question on
Mr. Bynum's amendment please.
Ms. Fountain-Tanigawa: This is in its entirety Chair?
Chair Furfaro: We can go with seriatim. We can go either
way.
Mr. Kagawa moved to take Floor Amendment #2a add seriatim, seconded by
Mr. Hooser, and unanimously carried.
COUNCIL MEETING 104 DECEMBER 18, 2013
Chair Furfaro: Let us go.
Ms. Fountain-Tanigawa: The first one is just inserting the word
"quantity."
Mr. Hooser moved to amend Resolution No. 2013-72, Draft 1 as shown in
Floor Amendment #2a, item 1 to read as follows: [amount,] quantity,
seconded by Mr. Hooser, and carried by the following vote:
FOR AMENDMENT: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST AMENDMENT: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: Seven (7) ayes please. Item 2.
Ms. Fountain-Tanigawa: Item 2 inserts the word "experimentation,"
also "to grow experimental fields" and "employing experimental uses of the land
that are vastly different than food production practices historically employed on
Kaua`i."
Mr. Bynum moved to amend Resolution No. 2013-72, Draft 1 as shown in
Floor Amendment #2a, item 2 to read as follows: [agriculture,]
experimentation, and now lease over fifteen thousand (15,000) acres of
agricultural lands on Kaua`i, with half of the lands used [in the production] to
grow experimental fields of genetically engineered canola, soybeans,
sunflower, rice, and corn, at any given time, employing experimental uses of
the land that are vastly different than food production practices historically
employed on Kaua`i; seconded by Mr. Hooser, and carried by the following
vote:
FOR AMENDMENT: Bynum, Chock, Hooser, TOTAL — 3,
AGAINST AMENDMENT: Kagawa, Rapozo, Yukimura, Furfaro TOTAL— 4,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: 3:4.
Chair Furfaro: Now, we go to number 3 next.
Ms. Fountain-Tanigawa: The next item just inserts the words "or
pesticide-containing."
Mr. Bynum moved to amend Resolution No. 2013-72, Draft 1 as shown in
Floor Amendment #3, Amendment 3 to read as follows: of [herbicide and]
pesticide-resistant or pesticide-containing seconded by Mr. Hooser, and
carried by the following vote:
COUNCIL MEETING 105 DECEMBER 18, 2013
FOR APPROVAL: Bynum, Chock, Hooser, Kagawa,
Yukimura, Furfaro TOTAL—6,
AGAINST APPROVAL: Rapozo TOTAL— 1,
EXCUSED & NOT VOTING: None TOTAL—0,
RECUSED & NOT VOTING: None TOTAL—0.
Ms. Fountain-Tanigawa: 6:1.
Chair Furfaro: Was that five (5)? 6:1. Okay. Now, I think
we should take it in its full piece, but maybe we will do that after we see
Ms. Yukimura's or we will take the vote?
Ms. Yukimura: We have to take it now.
Chair Furfaro: I would like a roll call vote on the Floor
Amendment, Mr. Bynum's, on the whole piece.
Mr. Bynum moved to approve Resolution No. 2013-72, Draft 1 as amended,
seconded by Mr. Hooser, and carried by the following vote:
FOR ADOPTION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL— 7,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL—0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Chair Furfaro: Seven (7) ayes. Now we will go to JoAnn's.
Ms. Yukimura moved to amend Resolution No. 2013-72, Draft 1 as circulated,
as shown in Floor Amendment #3 which is attached hereto and incorporated
herein as Attachment 4, seconded by Mr. Kagawa.
Chair Furfaro: You have the floor, JoAnn if you want to
speak on it, but before you do, Hooser, Bynum, can I have some microphones shut
off? Go ahead, JoAnn.
Ms. Yukimura: Thank you. This amendment removes
economics again, although I do admit that with the number six (6) in there, it may
not be consistent, but it also the next change, the last sentence changes
"Consultant" to "facilitator" just to provide the consistency we have throughout the
Resolution. Then, in that same sentence it eliminates "regarding anticipated
selections." It still allows consultation with the Mayor, Chair, and Planning
Committee, but does not specify that it would be anticipate selections because that
really seems to be asserting political influence. I want to say that I am really
missing Council Vice Chair Nakamura. I want to explain what a joint fact finding
is all about and I am reading from the Massachusetts Institute of Technology (MIT)
paper which all of you received I think from her or from Bill Spitz. It is an
explanation of what joint fact finding is and I think we need to, if I could get your
attention, really understand what we are trying to do here. So, "joint fact finding," I
am reading, "is one (1) step in a larger consensus building process. Consensus
building is a way to structure and facilitate the process of multi-stakeholder,
multi-issue, negotiation using several steps and tools. One (1) of these steps is
COUNCIL MEETING 106 DECEMBER 18, 2013
using joint fact finding to resolve technical and factual questions that have come up
with stakeholders and to help the group focus on the development of feasible options
to address these questions. Most stakeholders involved in an environmental
disputes have different levels of scientific understanding. Trust among
stakeholders can further erode if each group brings its own scientific resources to
support its position leading to dueling or competing studies and experts.
Perceptions of unequal distribution of scientific resources can undermine the
collaborative spirit and lead to a breakdown in the process or worse yet, litigation.
So, the MIT United States Geological Survey (USGS) Science Impact Collaborative
has developed an effective framework called joint fact finding to address such
problems. They have initiated this with a number of projects. The purpose of a
joint fact finding process is to handle complex scientific and technical questions. It
helps participants agree on the information they need to collect and how gaps or
disagreements among technical sources will be handled. It allows stakeholders to
build a shared understanding of technical and scientific issues and their
implications for policy. They can also help resolve disputes about scientific and
technical methods, data, findings, and interpretations. In joint fact finding, the
stakeholders work jointly to 1) define the scientific technical questions to be
answered, 2) identify and select resources persons to assist the group and then in
collaboration with resource person, they together, refine the questions, set the
terms for reference of scientific technical studies, monitor the study process, and
review and interpret the results." That is why we had to include everybody. Even
though you define it as people having a conflict of interest, a conflict equals a stake.
Stakeholders is what we are trying to pull together. The protection against one
group getting more, pulling something over the other is the process that calls for a
balancing of stakeholders and also has a facilitator to calm the discussion to help
and it is a transparent process. So, everybody is watching. It is not like, hopefully,
it does not get to one (1) vote majority because we are trying to build a consensus in
while there is a lot of different philosophies, and I believe we can create a consensus
on heath, the health of our community. You will see that that is why this important
to focus on scientific technical questions. I do not believe economics are in that
arena and also, I also think the community was asking us to focus on scientific and
health issues. It also has to be really insulated from politics.
The reason I am suggesting that we take out "regarding anticipated
selections" it is like you are going to, the Mayor and the Chair saying, "I have these
list of people, please..." I just think there will be more opportunity to try to affect
the balance of the group and I do not think that is a good thing to do. Even if that
does not happen, there is an appearance that that might be happening. So, that is
why I have tried to find a compromise where you can do consolation, but not
regarding the anticipated selections. I mean, I think everybody should be able to
suggest names for who should be on the group. I know. If we do this right, we are
going to be breaking new ground and exploring a different process for solving very
conflicted issues. So, I am wanting to make sure we do it with a good process in
place.
Chair Furfaro: Mr. Kagawa, Mr. Hooser, Mr. Rapozo...
Mr. Rapozo: Mine is to call for the question.
Mr. Kagawa: Chair, I want to ask to call for the question.
This is a simple amendment and it is very simple to me which way I am going.
Thank you.
COUNCIL MEETING 107 DECEMBER 18, 2013
Chair Furfaro: We have a call for the question.
Mr. Hooser: Do you want more discussion? Thank you.
Ms. Yukimura: Yes, let us have discussion.
Mr. Hooser: I will just make it really brief. Number one,
I think we should do this add seriatim also. There are three (3) different parts to it
as far as I can see. Number 2, all day long we talked about intent with Coco Palms
and things like that. So, I understand the intent, but the reality of the Resolution is
that is has one (1) person, a Consultant, who names all of these people and we have
no idea who that Consultant is going to be. So, there is no process for vetting or
evaluating the membership of this Committee whatsoever. Everybody comes in
with a bias so the Consultant will very well have a bias and as well intended as
they are or as professional as they are, we do not know who that is going to be and
that is going to drive what could be a multimillion dollar ultimate study, a very
important issue in our community. The status quo merely says that the Consultant
facilitator will consult with the Mayor who has his perspective, with the Chair who
has his perspective, and with the Chair of the Planning Committee. It does not give
anybody the right to trump the selection, just consult. I believe it is important. We
do not have any conflict of interest rules in here. We have one (1) person who we do
not know who it is going to be making all of these choices. I think we need some
additional oversight. Thank you.
Chair Furfaro: Mr. Bynum with brevity, I will give you the
floor and then I am going to call for the vote.
Mr. Bynum: I am not going to support this amendment
and I think putting economics back in here when we just voted on it before just a
few minutes ago is I do not know. Anyway, I am not going to support this
amendment.
Chair Furfaro: How many parts are there? Three (3)? Not
four (4)?
Mr. Kagawa moved to take Floor Amendment #4 add seriatim, seconded by
Mr. Rapozo, and unanimously carried.
Chair Furfaro: Can you segment that like a grapefruit?
Ms. Fountain-Tanigawa: Surely.
Chair Furfaro: Thank you very much.
Ms. Fountain-Tanigawa: The first one would be to delete the word
"economics."
Ms. Yukimura moved to amend Resolution No. 2013-72, Draft 1 as shown in
Floor Amendment #3, item 1 to read as follows: [economics,] seconded by
Mr. Bynum, and carried by the following vote:
COUNCIL MEETING 108 DECEMBER 18, 2013
FOR AMENDMENT: Yukimura TOTAL— 1,
AGAINST AMENDMENT: Bynum, Chock, Hooser, Kagawa,
Rapozo TOTAL— 5,
SILENT & NOT VOTING: Furfaro TOTAL— 1,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: 5:2.
Chair Furfaro: 5:2. Now, let us go to the next one.
Ms. Fountain-Tanigawa: The next one would delete the word
"Consultant" and include the word in its place "facilitator."
Ms. Yukimura moved to amend Resolution No. 2013-72, Draft 1 as shown in
Floor Amendment #3, item 2 to read as follows: [Consultant,] facilitator
seconded by Mr. Bynum, and carried by the following vote:
FOR AMENDMENT: Chock, Hooser, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL— 5,
AGAINST AMENDMENT: Bynum, Rapozo TOTAL— 2,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: 5:2. Thank you.
Ms. Fountain-Tanigawa: And the last part of the amendment would
be to delete "regarding anticipated selections."
Ms. Yukimura moved to amend Resolution No. 2013-72, Draft 1 as shown in
Floor Amendment #3, item 3 to read as follows: [regarding anticipated
selections] seconded by Mr. Bynum, and carried by the following vote:
FOR AMENDMENT: Yukimura TOTAL— 1,
AGAINST AMENDMENT: Bynum, Chock, Hooser, Kagawa,
Rapozo, Furfaro TOTAL— 6,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: 1:6.
Chair Furfaro: So, we are at 1:6. Okay, thank you. Now we
have the whole piece. What was that?
Mr. Bynum: I am sorry.
Chair Furfaro: Now, we have the whole piece to vote on.
Madame Clerk, would you explain to them. We have segmented the pieces like a
grapefruit, now it is all back together, and we are going to vote in this, right?
Ms. Fountain-Tanigawa: Yes.
COUNCIL MEETING 109 DECEMBER 18, 2013
Ms. Yukimura moved to approve Resolution No. 2013-72, Draft 1 as amended
seconded by Mr. Bynum, and carried by the following vote:
FOR ADOPTION: Bynum, Chock, Hooser, Kagawa,
Rapozo, Yukimura, Furfaro TOTAL — 7,
AGAINST ADOPTION: None TOTAL—0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: 7:0.
Chair Furfaro: 7:0. Now, we are going to go to the main
Resolution as amended. Before I do, I will ask if anyone has any questions before
we can take that vote because I want to vote with seven (7) members here and we
have one (1) member that is already six (6) minutes late. Go ahead. You wanted to
speak?
Mr. Bynum: Yes. I am sorry, I am confused about what
you are saying.
Chair Furfaro: Let me say it again. Mr. Kagawa has to
leave. He has a notice to leave. I would like to have seven (7) members to vote on
this. Now, we have a Resolution that has three (3) very keen, clear amendments to
it and we are going to vote on the whole thing. Do you want to say anything before I
call for the vote?
This Mr. Bynum: h s i s the e Bill as amended, right?
Chair Furfaro: Yes, as amended.
Ms. Fountain-Tanigawa: The Resolution as amended.
Mr. Bynum: We just heard JoAnn Yukimura say "We
have to break new ground, we are going to have a new process, and we are going to
insulate it from politics." This study made sure that we did not insulate it from
politics. We do not need to break new round. We do not need new processes. We
need an Environmental Impact Statement. Councilmember Yukimura went to
create this process in her own image and you saw her. She is just on roll with this
thing, right. I am voting against this, I know it will pass, but this is not the right
way to go. This is going to put us in jeopardy and I want to note testimony from
Katie Johnson who is in the audience that this Council has not considered the
things that you are saying in your testimony. I agree with most of your points
Ms. Johnson who is here, and I would encourage members to read Ms. Johnson's
thing. We have forty (40) years of environmental law that tells us how to proceed,
but this, we now according to Ms. Yukimura, we are breaking new ground. We are
creating a new process that I believe will not have the credibility it needs and we
are undermining everything that we have worked for by moving down this
direction. Enough said. That is as fast as I can do it.
Chair Furfaro: Brevity. Thank you. Now, I would like to
take a vote while I seven (7) members at the table. Is there anyone from the
audience that would like to take three (3) minutes? I will give you that time
because I think I can keep people here for three (3) more minutes.
COUNCIL MEETING 110 DECEMBER 18, 2013
Mr. Kagawa: We serve the public. I want to hear from
you.
There being no objections, the rules were suspended to take public testimony.
Chair Furfaro: Katie, you are going to have to introduce
yourself again.
Ms. Johnson: Aloha. I am Katie Johnson and I am here
today just to put on the record that I am gravely concerned about the JFFG
determining the scope of the study and I am extremely concerned about any
involvement of the industry in the EPHIS. The foundation of an objective scientific
study is that it is done by a third party analysis, by an independent qualified
professional. Any study done by stakeholders, scientific community is apt to find
the finding invalid due to the conflict of interest. Additionally, I think the
likelihood of finding twelve (12) scientists or experts in medicine, public health, and
science here on Kaua`i is highly unlikely. I think the greater likelihood is that some
of those seats would be filled by the industry whether the community was aware of
it or not. This is highly problematic. I call your attention. I sent you all this
information. I call your attention to a lawsuit filed against Syngenta in 2004. The
lawsuit was on behalf of five (5) different States in the Midwest due to
contamination of their drinking water by atrazine. Syngenta spent eight (8) years
in litigation fighting this only to finally pay out one hundred five million dollars
($105,000,000) to clean the water for Illinois, Missouri, Kansas, Indiana, Iowa, and
Ohio, more than one thousand (1,000) communities. Recently the court documents
were unsealed and what was found was more than one hundred (100)
memorandums and documents that showed Syngenta's strategy. That was to
undermine the scientists that were concerned about the dangers of atrazine and to
provide the court with paid for and coached scientists who would speak to the safety
of atrazine. Additionally, they found a database of more than one hundred thirty
(130) scientists and organizations that they could routinely turn to who would be
willing to basically sign off on anything that they asked them to. Sometimes,
Syngenta actually wrote the opted pieces, went through their database to look for
someone to sign. These people would also not disclose the financial ties in court.
Due to these concerns I am also extremely concerned that the JFFG would
determine which studies are going to be used by the Consultant when we know that
the studies that this industry routinely manipulates scientific data. I understand
the intent. I know that they intent is to bring the community together, but let us
please remember that these experts would not be representing Kaua`i. They would
be representing their industry. One of the industry's own lobbyists told us that no
decisions are made here on Kaua`i. They are made in boardrooms. His industry did
in Indiana, perhaps others are Iowa, but is not here on Kaua`i. Kirby Kester stated
himself that their greatest fear was that other communities would do what we have
done. Know when you have that kind of fear and you also face that type of immense
liability what would you do...
Ms. Fountain-Tanigawa: Three (3) minutes.
Ms. Johnson: ...to make sure that results were not
released? My last thought is that it is common sense. You do not invite the
investigated party to come help you form the investigation. That is common sense.
Chair Furfaro: Thank you, Katie. That was your three (3)
minutes. We have a question for you.
COUNCIL MEETING 111 DECEMBER 18, 2013
Ms. Johnson: Yes.
Chair Furfaro: JoAnn.
Ms. Yukimura: Katie, thank you for being here. I just
wanted to make sure that you knew that these experts who may be part of the
stakeholder group are not going to do the studies.
Ms. Johnson: I know that they are not.
Ms. Yukimura: They are not going to be chosen to be on the
stakeholder group to do the studies. They are going to help guide.
Ms. Johnson: Right. I am well aware of that, but when you
determine the scope of a study you determine the scope of the study and when you
prioritize the question. So, I think that to me, it is absolutely common sense that
when you have the industry prioritizing, the questions are going to be asked in the
community. Have I said too much?
Ms. Yukimura: But how can you say that it will be the
industry doing that if it is...
Ms. Johnson: They are stakeholder, right?
Chair Furfaro: Excuse me, I am going to leave it at a
question. JoAnn pose the question again. Only answer the question. No additional
narrative.
Ms. Johnson: It is hard. I will try my best.
Ms. Yukimura: Thank you. How are you saying that it is the
industry that is going to determine the Scope-of-Work when it is a joint fact finding
group that is going to include people of your thinking?
Ms. Johnson: Right, and as I said earlier my concern is
that it will not be equally balanced because they have a history of putting people in
certain places that the connections are unknown. I also think finding twelve (12) or
a significant portion of the stakeholders her eon Kaua`i that are willing to dedicate
their time seems to me very highly problematic and I do not understand the desire
to break new ground or reinvent the wheel.
Ms. Yukimura: Well, somebody like Dr. Evslin, I bet he
would be willing to be. He is a medical expert.
Ms. Johnson: You bet that he would be willing to — I mean,
I hope that that is a wonderful suggestion.
Ms. Yukimura: Well, that is the kind of...
Chair Furfaro: I am not going to let the conversation go to
speculation as to who will or will not serve on the Committee. The question was
posed, you answered it. Katie, thank you very much.
Ms. Johnson: Thank you.
COUNCIL MEETING 112 DECEMBER 18, 2013
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: On that note, we have a Resolution amended
accordingly with three (3) new amendments to the Resolution and I would like a roll
call vote to see where we are at on this last meeting day of the year.
The motion to adopt Resolution No. 2013-72, Draft 1 as amended was then
put, and carried by the following vote:
FOR ADOPTION: Chock, Hooser, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL— 6,
AGAINST ADOPTION: Bynum TOTAL— 1,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: 6:1.
Chair Furfaro: 6:1. Now, that has passed and we are
getting ready to pass into the holiday season. Before I do, I would like to start with
Mr. Kagawa because he has to leave contrary to what I said to the Vice Chair. Is
there any message you would like to share with the public? You have the floor.
Mr. Kagawa: Thank you, Chair. First of all, I want to
wish a Happy Holidays to all of the residents of Kaua`i and Ni`ihau. It has been an
honor to serve you and try and make Kaua`i a better place for all. Most important I
want to thank my wife Kathy and my two (2) daughters Malia and Kalei for
supporting me one hundred percent (100%) in this new life of mine. I want to also
thank the staff for all of your hard work. It has been an honor. Just want to close
with wishing everybody a Merry Christmas, a Happy New Year, and please ask that
you do not drink and drive. Mahalo.
Chair Furfaro: Thank you very much. Vice Chair Chock,
you have the floor.
Mr. Chock: Thank you. Well, it has been about a month
since I have been here and I have learned so much in a short amount of time. One
of the biggest lessons that I have learned is that even though it is really difficult to
get to agreements here, that everyone here also comes with the biggest heart in
service to our island. I think that is the truth and the passion for our island rally
shines through. We are in a really difficult era where it is becoming more and more
increasingly difficult to come to win-win situations and there is so much negativity
and mistrust in our community. I think also that this decision process that we are a
part of sort of undermines what it is we want to accomplish in finding those win-win
situations. However, I feel like the fact that we have people who are still here, still
willing to serve, and still willing to commit to come here no matter what the
disagreements are, no matter how entrenched they may be in their beliefs. I am
just appreciative and I want to recognize not only our members here, but our
Administration, our Mayor, and our County Council Services for their efforts.
There is just two (2) more things that kind of come to mind that my kupuna told me.
One was that Kaua`i is a very special place. What it does is it is like this bipolar
attraction. It brings the worst and the best out of people and then also the fact that
there if we are going to get through this, it is going to be together and not
segregated. So, my hope for us moving into a new year is that it is a merging of the
COUNCIL MEETING 113 DECEMBER 18. 2013
beliefs and possibility of inclusiveness, abundance, and creativity rather than
scarcity and compromise. Thank you.
Chair Furfaro: Mr. Hooser, I will go down to your side of the
table.
Mr. Hooser: Thank you, Chair. We are all really thankful
I think and blessed for being able to sit in these chairs, live in this community, and
do that work that we do. First of all, I want to thank the people of Kaua`i for
allowing me to do that. Some of my colleagues and former colleagues that I have
met over the years talked about it being a thankless job and I have not found that to
be the case. While you cannot make everybody happy all of the time, people of this
island and this community have been very good to me. So, I am very thankful for
that. Chair, I would like to recognize you for the tremendous jobs that you have
done this year.
Chair Furfaro: Thank you.
Mr. Hooser: It has been challenging on many levels and
you have worked with a motley crew that you have before you and managed to keep
the ship afloat and moving in the right direction. I appreciate that very much.
Chair Furfaro: Thank you.
Mr. Hooser: The staff has been incredible. This has been
probably more hours, more work, and more stress than they have had since the last
time Hooser was here. I really appreciate it. The staff has been tremendous. Back
to the people for a second, we have recently come through some very challenging
period and I see it as just really positive. I would love to see this room full of the
community at every meeting, people participating in their democracy, people taking
ownership of their government, and that is what we have seen. You win some, you
lose some. We have experienced that here at this table. We win some votes, we lose
some votes. The community is the same way, but it is the participation, the
ownership, and the learning that is really inspirational to me; seeing all of the
young and old people come out and take ownership of their government. As we look
forward to the next year, I look for more of that and that more participation the
community shows, the better we are going to be able to do our jobs. I want to thank
them and wish everybody a Merry Christmas, Happy Holidays, and a Happy New
Year. Be safe and be with your families. Thank you.
Chair Furfaro: JoAnn, Tim? Tim, you want to go?
Mr. Bynum: Sure. Happy Holidays everyone. What a
heck of a year it has been for all of us. That is the nature of our business here that
we spend a lot of our time talking about areas where we disagree and we do not talk
about the huge vast amount of things we agree on which is a lot. I want to thank
my Council colleagues. The last two (2) Councils have been really exciting, spirited,
and independent and that continues to be the case. I think we can all celebrate
that. I think I have to thank Ricky Watanabe and Jade K. Fountain-Tanigawa for
making this place a credible, strong institution that is one hundred percent (100%)
better than the day that I arrived and they deserve a lot of credit for their
professionalism and patience in bringing in this quality of people. We always talk
about it, but it is really remarkable and no question the staff has been through one
of the most difficult years as many of us have been. I am excited. I am an optimist.
COUNCIL MEETING 114 DECEMBER 18, 2013
I am starting to get that groove back that I lost for a while. What a wonderful
community we live in and the rising of our community and the engagement that
happens on Kaua`i is unlike anywhere else. People in O`ahu, they kind of disparage
us sometimes, but we are lucky. We are lucky we live here and we are lucky we get
to be part of all of this and I am lucky. Thank you all very much. We are going to
have a great next year. There is a lot of healing happening right now. A lot of
positive movement that is happening right now. Thank you.
Chair Furfaro: Mr. Rapozo, would you like the floor?
Mr. Rapozo: Thank you, Mr. Chair. My message is I
think pretty much to what has already been said. Thank you to the people to allow
us to serve and whether we agree or disagree, it is an honor. You look at the wall,
all of the photos of the old Councilmembers. It is not that many that get to serve
here in this building, so I am forever grateful for the opportunity to serve.
Christmas is one of my favorite times of year. It is not because of the gifts, but just
because of the season. I do not get gifts anymore, but just the season, the weather,
and just the happy children and just seeing everybody in a different spirit. I wish it
could be Christmas all year long. We just have to treasure this season and I think
next year, we may be coming off of a rough year, but thanks to Councilmember
Yukimura we will have another rough year next year with the dogs and the cats
and I appreciate that JoAnn. It is just...
Ms. Yukimura: My gift to you, Mel.
Mr. Rapozo: Just when you thought it was safe to go back
in the water, here comes Jaws II. It will be spirited, it will bring the community out
for it, and I think that is what makes our job the best; is when the community can
come forward and voice their opinions and actually create the change in the
communities. That is what this process is all about. Is it perfect? Of course not,
but it is the best process I believe, in the world, the democratic process. Obviously,
to my colleagues thank you all for a great year and the staff. There is no way we
can properly and adequately thank our staff because you folks are the unsung
heroes. I think the public that actually comes are participates, they see the staff
working hard, but for the vast majority of people, they do not get to see that. I
know we say it over and over and over. I just do now know how to show our
appreciation other than to publicly state it as often as we can. This is a great place
to work as far as the staff is concerned. The support we get from our staff is just
tremendous. To my family, thank you like Mr. Kagawa said. That support staff at
home is also very important and just a real sincere wish for a Merry Christmas a
Happy New Year. I think Mr. Kagawa said it, please do not drink and drive. That
is my closing message. Do not drink and drive this holiday season. Thank you,
Mr. Chair.
Chair Furfaro: Thank you, Mr. Rapozo. Councilmember
Yukimura.
Ms. Yukimura: Thank you, Mr. Chair. This has been a
turbulent crazy year and yet, I would not live anywhere else. I am so grateful to the
community, to the County, the Mayor and all of the employees, to my fabulous and
valiant colleagues; Mr. Chair, Ross, Mel, Mason, Tim, Gary, and to our fabulous
valiant staff. I am also grateful for the birth of Jesus and for the message of love,
peace, and joy which I wish to all of you, to my family too, and to all of the people of
Kaua`i. Merry Christmas, Happy New Year.
COUNCIL MEETING 115 DECEMBER 18, 2013
Chair Furfaro: Thank you, JoAnn. I too, would like to say
first of all, to my colleagues where at the table, you folks have been great stewards
of our island home Kaua`i. That is what it is about. These are challenging times, I
mean, from the Federal government, State government, to the world issues, and so
forth. Recently, I have gotten a few cards for this holiday time and the message has
been to all of the Council, people feel that we are here and they can talk to us as
stewards and they have also talked about us rejuvenating their faith in
government. That is because we do it as a body. We walk in the hallway, we walk
in the door. We have our values posted at the door and those values are really
important this time of year. We are looking at things that we accomplish this year
that many other Councils have not and there has been equally enough praise for us
going through the difficulties. I want to say thank you to the people that have
taken the time to send those messages in to us. I think the detail of many of the
things that we do and the follow through is because of the fine staff that we have,
Jade, Ricky, all of you. I would not put this staff in any position that we have
available as a team to work through difficulties and I think the word was used, the
difficulties. I look at them as really those as the challenges we have as being good
stewards. The camera person, braddah, take a nice break. Even though for ten (10)
seconds today we did not have the captioner there, we worked through it and that
reflects out sense of `ohana. Thank you to Ho`ike for doing a great job and making
the business of the Council public. That should be recognized as well. To the fact
that the Administration is here talking to us today, I think also is a reflection of the
collaboration to do the right thing for the right people on Kaua`i and we should all
take that time during this Christmas and holiday message, to reflect on those great
things we have here on Kaua`i. Thank you to the citizens of Kaua`i, thank you to
the staff, and I will repeat the message. Please, please no drinking, no driving, be
respectful, and kokua everyone where you can. To the captioner, I have never met
you, but I know you are on the other end of this microphone, Merry Christmas. The
business for the day is over.
ADJOURNMENT.
There being no further business, the meeting was adjourned at 6:01 p.m.
Respectfully su• is itted,
JADE vt! •UNTAIN-TANIGAWA
Deputy County Clerk
:aa
Attachment 1
(December 18, 2013)
FLOOR AMENDMENT 1
Resolution No. 2013-72, Draft 1, Relating to Implementing An Environmental And
Public Health Impacts Study (EPHIS), Via Formation Of A Pesticide And Genetic
Engineering Joint Fact Finding Group (JFFG)
Introduced by: Gary L. Hooser
Amend Resolution No. 2013-72, Draft 1, as follows:
1) Amend the 8th paragraph to read as follows:
"BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
KAUAI, STATE OF HAWAII, that the County of Kaua`i fund a qualified
neutral facilitator to convene and facilitate a Pesticide and Genetic
Engineering Joint Fact Finding Group (JFFG) comprised of [knowledgeable
scientific experts, medical experts, environmental experts,] individuals with
knowledge and expertise in the fields of science, medicine, economics, culture,
environment, and community stakeholders, to design and oversee a focused,
accountable, and credible Environmental and Public Health Impacts
Study (EPHIS). Selection of members to serve on the JFFG shall be via a
process that solicits participation from qualified members of the general
public on Kaua`i. The Consultant shall consult with the Mayor, the Chair of
the Kaua`i County Council, and the Chair of the Planning Committee of the
Kaua`i County Council regarding anticipated selections prior to finalizing and
completing the JFFG membership process."
2) Amend the 10th paragraph by amending item number 1 to read as follows:
"1) Form a Pesticide and Genetic Engineering Joint Fact Finding Group of
no less than twelve (12) [to fifteen (15) scientific experts, medical
clinicians or] scientific, environmental, economics, cultural, and public
health experts, [environmental experts,] along with medical clinicians
and community stakeholders, who are knowledgeable, respected,
representative of the community, and willing to commit substantial
time and energy to the project;"
3) Amend the 10th paragraph by inserting a new item number 6 to read as
follows, and renumber all subsequent items appropriately:
•
"6) Examine and report findings related to issues dealing with economic
impacts, food sustainability, and environmental justice:"
4) Amend the 10th paragraph by amending item number 8 to read as follows:
"[8)] Present to the Mayor, County Council, and the
community, the draft and final scope of work and parameters of the EPHIS
with recommendations no later than [twelve (12) months of] one (1) year from
the Notice to Proceed to the facilitator following the securing of funding;"
(Material to be deleted is bracketed. New material to be added is underscored.)
V:\AMENDMENTS\2012-2014 term\FA-ephis dl gh AO-mn.docx
Attachment 2
(December 18, 2013)
FLOOR AMENDMENT 2
Resolution No. 2013-72, Draft 1, Relating to Implementing An Environmental And
Public Health Impacts Study (EPHIS), Via Formation Of A Pesticide And Genetic
Engineering Joint Fact Finding Group (JFFG)
Introduced by: TIM BYNUM
Amend Resolution No. 2013-72, Draft 1, as follows:
1. Amend the 1st paragraph to read as follows:
"WHEREAS, there is great concern about the environmental and
public health impacts of large-scale agricultural operations that apply
restricted use pesticides on Kauai, including operations experimentally
growing genetically engineered crops. Of particular concern is the frequency,
type, [amount,] Quantity, and reporting of pesticides used, and the resulting
effects on humans and the environment; and"
2. Amend the 2nd paragraph to read as follows:
"WHEREAS, four (4) of those companies engage in genetic engineering
[agriculture,] experimentation, and now lease over fifteen thousand (15,000)
acres of agricultural lands on Kaua`i, with half.of the lands used [in the
production] to grow experimental fields of genetically engineered canola,
soybeans, sunflower, rice, and corn, at any given time, employing
experimental uses of the land that are vastly different than food production
practices historically employed on Kaua`i; and"
3. Amend the 3rd paragraph to read as follows:
"WHEREAS, Kaua`i's tropical climate, which accommodates three (3)
or four (4) growing cycles per year, and the experimental processes involved
in developing parent generations of [herbicide and] pesticide-resistant or
pesticide-containing seed, contribute to the high use of pesticides on the
island; and"
4. Amend item number 1 in the 8th paragraph to read as follows:
"1) Form a Pesticide and Genetic Engineering Joint Fact Finding Group of
no less than twelve (12) [to fifteen (15) scientific experts, medical
clinicians or] public health experts, environmental experts, and
community stakeholders, who are knowledgeable, respected,
representative of the community, and willing to commit substantial
time and energy to the project;"
(Material to be deleted is bracketed. New material to be added is underscored.)
V:\AMENDMENTS\2012-2014 term\FA-ephis dl tb AO_cy.docx
Attachment 3
(December 18, 2013)
FLOOR AMENDMENT 2a
Resolution No. 2013-72, Draft 1, Relating to Implementing An Environmental And
Public Health Impacts Study (EPHIS), Via Formation Of A Pesticide And Genetic
Engineering Joint Fact Finding Group (JFFG)
Introduced by: TIM BYNUM
Amend Resolution No. 2013-72, Draft 1, as follows:
1. Amend the 1st paragraph to read as follows:
"WHEREAS, there is great concern about the environmental and
public health impacts of large-scale agricultural operations that apply
restricted use pesticides on Kauai, including operations experimentally
growing genetically engineered crops. Of particular concern is the frequency,
type, [amount,] quantity, and reporting of pesticides used, and the resulting
effects on humans and the environment; and"
2. Amend the 2nd paragraph to read as follows:
"WHEREAS, four (4) of those companies engage in genetic engineering
[agriculture,] experimentation, and now lease over fifteen thousand (15,000)
acres of agricultural lands on Kaua`i, with half of the lands used [in the
production] to grow experimental fields of genetically engineered canola,
soybeans, sunflower, rice, and corn, at any given time, employing
experimental uses of the land that are vastly different than food production
practices historically employed on Kaua`i; and"
3. Amend the 3rd paragraph to read as follows:
"WHEREAS, Kaua`i's tropical climate, which accommodates three (3)
or four (4) growing cycles per year, and the experimental processes involved
in developing parent generations of [herbicide and] pesticide-resistant or
pesticide-containing seed, contribute to the high use of pesticides on the
island; and"
(Material to be deleted is bracketed. New material to be added is underscored.)
V:\AMENDMENTS\2012-2014 term\FA-ephis dl tb AO_cy.docx
Attachment 4
(December 18, 2013)
FLOOR AMENDMENT 3_
Resolution No. 2013-72, Draft 1, Relating to Resolution To Implement An
Environmental And Public Health Impacts Study (EPHIS), Via Formation Of A
Pesticide And Genetic Engineering Joint Fact Finding Group (JFFG)
Introduced by: JoAnn A. Yukimura
Amend Resolution No. 2013-72, Draft 1, by amending the 8th paragraph to read
as follows:
""BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
KAUAI, STATE OF HAWAII, that the County of Kaua`i fund a qualified
neutral facilitator to convene and facilitate a Pesticide and Genetic
Engineering Joint Fact Finding Group (JFFG) comprised of individuals with
knowledge and expertise in the fields of science, medicine, [economics,]
culture, environment, and community stakeholders, to design and oversee a
focused, accountable, and credible Environmental and Public Health Impacts
Study (EPHIS). Selection of members to serve on the JFFG shall be via a
process that solicits participation from qualified members of the general
public on Kaua`i. The [Consultant] facilitator shall consult with the Mayor,
the Chair of the Kauai County Council, and the Chair of the Planning
Committee of the Kaua`i County Council [regarding anticipated selections]
prior to finalizing and completing the JFFG membership process."
(Material to be deleted is bracketed. New material to be added is underscored.)
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