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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 P 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 g Y 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 � P Y� 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. Y P Y 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 P g Y P 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 p g g� 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 Y g g g g 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 g 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, P 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 ( ) Y 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.) 1