HomeMy WebLinkAbout04/23/2014 Council minutes COUNCIL MEETING
APRIL 23, 2014
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, April 23, 2014 at 9:05 a.m., after which
the following members answered the call of the roll:
Honorable Mason K. Chock, Sr. (excused at 5:54 p.m.)
Honorable Gary L. Hooser
Honorable Ross Kagawa
Honorable Mel Rapozo
Honorable JoAnn A. Yukimura
Honorable Jay Furfaro
Excused: Honorable Tim Bynum
Chair Furfaro: Let the record show that I have a notice for
the last two (2) days for Mr. Bynum not being able to attend the meetings.
APPROVAL OF AGENDA.
Mr. Chock moved for approval of the agenda as circulated, seconded by
Mr. Rapozo, and carried by a vote of 6:0:1 (Mr. Bynum was excused).
Chair Furfaro: This area is now Section D for Public
Comment. This is in pursuant to Rule 13(e) of the Council Rules. May I ask you to
read that please, Jade?
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).
Chair Furfaro: Thank you. Is there anyone that is willing or
wanting to speak at this time? Before you do, I want to say that...excuse me,
gentlemen. If you have a conversation, please go outside of the room. We are
having some problems with the microphones and I will cover that right now. To the
Councilmembers, the feedback we have been having on the microphones, they have
a team coming over tomorrow to work on it. I want to remind us all that we can
have no more than the testifier's microphone on and one (1) microphone on the
Council table because of that feedback. Thank you. Alice. BC, I saw a hand behind
your head. I cannot see who that is. Okay, got it.
There being no objections, the rules were suspended to take public comment.
COUNCIL MEETING 2 APRIL 23, 2014
ALICE PARKER: Good morning Councilmembers. Alice
Parker, and obviously, I am promoting the use of cursive writing. Okay, there are
several things I want to discuss. Number one, good appropriation for the various
classes of vehicles in the proposed vehicle weight fees. I think that is terrific.
(Mr. Kagawa was noted as not present.)
Ms. Parker: The heavier vehicles pay more because they
have more wear and tear on the roads. As I noted in a memorandum I sent to you
folks, the business owners can deduct the cost of tax from their records to get to net
income. So, private vehicles do not have that option because they are not receiving
income.
Number two, Counsel cost. Using Mona Clark on assignment to the Auditor's
Office as Special Counsel to them is a good use of funds, thereby not needing
additional funds for Special Counsel. I understand Auditor Pasion's concern about
personnel potentially tainted by Mr. Castillo's obvious antipathy to Mr. Pasion, but
from my experience in "temporary duty" assignments to other Departments within
the Federal agency who employed me, the only interaction was for my hours to
record employment hours for my pay. For example, I was lent from Examination
Division to Appeals Division for nine (9) months doing General Schedule (GS) 13
work as at GS 9 pay. So, that is why it was nine (9) months because a year, I would
have gotten GS 13 pay. Anyway, I think that it can work out very well because I
think she is fair and she does not have to be back and forth with the Council's
Office.
Three, pet licensing. Mr. Rapozo is right on target for proposing that the
contract for pet licenses be put out to bid since local veterinarians would be a logical
place to buy the tags and thus not require a special trip to the Kaua`i Humane
Society, which already has multiple functions to handle. I think it would just...if
the vets are willing to bid for it.
Anyway, early speakers topics. A few of us general population-ers can
arrange to attend each meeting we feel strongly about. My understanding, at the
initiation of this program of early speaking, was so that a speaker could speak
regarding any Council matter, not limited to that day's agenda. I think that was
fairer than the current limitation to the current day's agenda. Luckily, the items I
wanted to speak on are predominantly on the Council today, but I understand you
do not want wide ranging things, but there are things I feel strongly about, but I
cannot necessarily get there on that day. Anyway, thank you.
Chair Furfaro: Thank you. Alice, your comments on the
weight tax, we will make sure that they are entered in the 1:30 p.m. meeting when
those Bills come up.
Ms. Parker: Oh, I could get back for that, but I already
spoke.
Chair Furfaro: That is right.
Ms. Parker: Okay.
COUNCIL MEETING 3 APRIL 23, 2014
Chair Furfaro: But I assumed it was you we heard this
morning and that is a public hearing at 1:30 p.m., but I will see that your comments
are entered in the record.
Ms. Parker: Okay. Thank you.
Chair Furfaro: Thank you. Okay.
JADE K. FOUNTAIN-TANIGAWA, Deputy County Clerk: The next
speaker is Jack Lundgren to discuss Bill No. 2541, which is out for public hearing
this afternoon.
Chair Furfaro: Thank you. Welcome, Doctor.
JACK LUNDGREN: Thank you very much. Good morning
Councilmembers. My name is Jack Lundgren, L-U-N-D-G-R-E-N. It is a Swedish
name. Unusual here. I have come to talk about Bill No. 2541 relating to open space
and public access. The provisions of the Bill as I understand it, they are to cut the
funding by about two-thirds (2/3) to make it instead of one and a half percent (1.5%)
of County tax revenues to one half of one percent (0.5%). The way I understand it,
the way this fund is supposed to work is sort of as a bank for future needs and as
the population of the island grows and as the development grows along, we are
losing more and more public accesses to coastal and mountain areas. In my
forty-five (45) years, I have seen several areas where access has been limited,
especially on the North Shore. Ka`aka`aniu has a big fence preventing you from
going down. People used to go down there and collect limu and I used to see old
ladies that would walk on that trail and get down there.
(Mr. Kagawa was noted as present.)
Mr. Lundgren: Parts of Moloa`a and Papa`a Bay. Papa`a
Bay used to be relatively accessible, Kahuaina, which you folks are discussing right
now in meetings, and other areas. I cannot remember all of the names over on the
West Side out along the coast and up behind Kalaheo. So, I think if this Bill were to
go through, it is really going to cripple the ability of the Open Space Fund to help
with reopening public accesses or if the need be, comes to condemn land through
eminent domain. It could be take a considerable amount of money. So, that is
basically it. I have copies of my testimony. I am a little nervous when I get up
here, but if you want to distribute those. Thank you very much. So, basically, I
hope you reject the provisions of Bill No. 2541. I just have one (1) short question. I
noticed on this Bill it was put through by request. What are the mechanics? How
does that work? If someone in the public contacts a Councilmember do you
automatically put a Bill into the hopper or was this by the request of the
Administration? That is my assumption.
Chair Furfaro: I will clarify that for you, Doctor. If the
citizens would want to pursue a Bill, they are welcomed to approach any
Councilmember and the Councilmember could initiate that. When you see a Bill
that basically says "By Request," that request is being made by the Administration.
Mr. Lundgren: I see. Okay.
Chair Furfaro: Not by any particular member here or a
member of the public.
COUNCIL MEETING 4 APRIL 23, 2014
Mr. Lundgren: I see. I was just curious because...
Chair Furfaro: So, that is how to interpret that.
Mr. Lundgren: Okay. Thank you very much, and I want to
appreciate this Council Rules that allows members of the public to come in early
and get their testimony over. I will not be able to be here this afternoon and I think
that is very...
Ms. Fountain-Tanigawa: Three (3) minutes.
Mr. Lundgren: ...good for the public. Thank you very much.
Chair Furfaro: You are quite welcome, and I want to give
credit where credit is due. The Rule change was suggested to us by the three (3)
amigos that sit in the corner there. So, you can thank the three (3) amigos for
allowing up to eighteen (18) minutes in the very beginning.
Mr. Lundgren: Thank you very much.
Chair Furfaro: Thank you. Next speaker, please.
Ms. Fountain-Tanigawa: Chair, the next speaker is Glenn Mickens
and he wants to speak on two (2) items on the Consent Calendar. This is
C 2014-124 and C 2014-125.
Chair Furfaro: Okay, and let me make a housekeeping
announcement here. If Mr. Mickens or anybody is going to speak on item...
Ms. Fountain-Tanigawa: Chair, excuse me. It was a Communication,
not on the Consent Calendar.
Chair Furfaro: Oh, okay, but it is C 2014-125
Ms. Fountain-Tanigawa: Yes. C 2014-124 and C 2014-125.
Chair Furfaro: Okay. C 2014-125, I want to make sure we
understand, this is not about the case. The case is finished by court order. This
agenda item is concerning the coverage of the insurance policy. This item is about
the recovery efforts from the County to our insurance company on how to recover
certain costs. It is not about the case itself. Go ahead, Glenn, you have the floor.
GLENN MICKENS: For clarification, Jay, I know this is on
page 3 and page 4. C 2014-124 is on page 3 and C 2014-125 is on page 4. If you are
going to bring this up in the course of the morning session, I am more than willing
to speak at that time instead of on the Consent Calendar. If it is going to come up
in your jurisdiction to go ahead and put it off until the afternoon or something, I got
that ball game. So, I cannot be here then.
(Mr. Kagawa was noted as not present.)
Chair Furfaro: I would think you would want to speak on it
now because I do not think we will get into this until after 3:00 p.m.
COUNCIL MEETING 5 APRIL 23, 2014
Mr. Mickens: Oh, after. Okay.
Chair Furfaro: But I just want to make sure you understand
the parameters on this one are the issues between the coverage between the
insurance company and the County, not the court order.
Mr. Mickens: Well, I will go on C 2014-124 first, okay?
Chair Furfaro: Yes, sure.
Mr. Mickens: For the record, Glenn Mickens. Thank you,
Jay. Thank you, BC. On the agenda today is C 2014-124, "from the County
Attorney requesting authorization to expend funds up to one hundred thousand
dollars ($100,000) for Special Counsel's continued services to advise and represent
the County Council in matters involving the County Auditor's Office, and related
matters (including Ernesto G. Pasion vs. County of Kaua`i, et al.)." Then, we also
have Executive Session 719 on the agenda regarding this same matter which is the
twenty-eighth (28th) Executive Session that has been gone beyond closed doors to
discuss the Office of the County Auditor and Ernie Pasion. It is totally outrageous
that this amount of money and time is being spent on a situation that the public
knows so little about except that it is costing us millions of dollars. If there are
facts or issues that this Council is privy to that should be known by the public, then
stop playing legal games with us. Let us know what is going on. It is shameful that
the Council is taking so much time and spending so much money about a matter
where so little is revealed. The basic facts that are known are as follows: 1) our
County Auditor did a superlative job with seven (7) audits he finished in four (4)
years, 2) his audit of our County fuel usage uncovered irregularities in the Mayor's
use of fuel for his own private vehicle, 3) the Auditor's budget was cut by a
whopping seven percent (7%) to sixteen percent (16%) more than the average of two
percent (2%) that was cut by all other County Departments depending on whose
numbers you want to believe the Auditor or the Administration, 4) these radical
cuts were, in the opinions of many, made to cripple one of the best run County
operations on Kaua`i. Operations to put efficiency in the system and save tax dollar
payers millions of dollars and they were made for retaliatory reasons due to the
problem ending up at the Mayor's desk, 5) the lawsuit brought by Mr. Pasion
appears to be a justifiable response to the unexplained issues and harassments to
him and his office generated by the Council and the Administration, 6) if there were
no evidence that Mr. Pasion's job was in jeopardy, then there would be no lawsuit
nor would there be this waste of time and money, but too much evidence points to a
conspiracy to fire him and thus Mr. Pasion's action. Not one piece of evidence to
justify his dismissal has ever been shown, at least not to the public or the media. It
would have been easy to stop this fiasco before it got started or we had a County
Manager system in place, but as usual, ready, fire, aim, stupidity. We will end up
paying Mr. Pasion a huge settlement for all the monetary loss and pain that he has
incurred. Okay, that was my C 2014-124. My...
Chair Furfaro: You used the entire time for that, but I will
give you one (1) more minute, Glenn.
Mr. Mickens: I think, Jay, according to Office of
Information Practices (OIP), I have three (3) minutes for each item I take off the
agenda. So, I have three (3) minutes more for this particular item.
COUNCIL MEETING 6 APRIL 23, 2014
Chair Furfaro: I do not necessarily agree with you. You
start your testimony, I will tell you when you time is up.
Mr. Mickens: Okay. Thank you. On April 11th this
Council ratified a then unsigned settlement of the Bynum case that had been
negotiated by the insurance, Everest National Insurance Company. Although no
public statement has been made, I understand the settlement has now been
completed. It will be appreciated if the Council will illuminate us as to why with
the case being resolved with the ratification by this Council, it is necessary for
Counsel to be retained at a cost of fifteen thousand dollars ($15,000) as to insurance
coverage for that case. Is it because the County Attorney has failed to disclose to
the Council the extent to which the agreed settlement was covered by insurance?
Why is the public being kept in the dark on these matters? In my opinion, you
Councilmembers must demand to know what kind of a charade is being played with
our tax money. From what I understand, our County Attorney wrote a contract
with our insurance company giving them unilateral authority to settle this lawsuit
without any input or authorization from this Council. In all my years I have
attended these Council and Committee Meetings, I have never seen or heard of any
gift or settlement being given or done by our government without the approval of
this legislative body. The public needs to be informed of the insurance contract,
which involves a premium of over five hundred thousand dollars ($500,000), was
made without Council approval and; if so, why? Even worse, our County Attorney is
now asking for fifteen thousand dollars ($15,000) more for a supposedly settled case.
What is this called? An after-the-fact request for more funds to litigate a case
already finished. Massive amounts of our tax dollars are being spent for Special
Counsels without any meaningful control. Is it not time for the Council to activate
Charter Section 3.17 and investigate what is going on or alternatively direct our
County Auditor to audit the methods and procedures of the County Attorney's Office
and analyze whether we are getting value received? Last paragraph. Why does
this Council continue to withhold from the public important information about the
expenditure of our public funds on legal matters? I think that is the key to this
whole thing. The public is in the dark so much of the time. We sit here speculating.
Maybe you know a lot. I presume you know a lot more than we do, but...
Chair Furfaro: You can stop right there. Thank you for that
testimony. This item was requested by myself to interpret the coverage. Okay?
Mr. Mickens: Yes.
Chair Furfaro: So, make sure we understand that was
requested by the Chair. Next thing I want to read the Rule. Each speaker may be
limited to three (3) minutes at the discretion of the Chair to discuss the agenda
items and then not be allowed additional time to speak during the meeting. You are
allowed three (3) minutes...
Mr. Mickens: OIP said otherwise, Jay.
Chair Furfaro: I would like you to show me what they have
said to you because it...
Mr. Mickens: I gave it to you before. I do not have it today.
I will be happy to give it to you again.
COUNCIL MEETING 7 APRIL 23, 2014
Chair Furfaro: Okay. I would like to get it because we took
that and we had the interpretation from them. Now, I have given you the courtesy
of speaking a second three (3) minutes.
Mr. Mickens: I appreciate that.
Chair Furfaro: But I want to read you how the Rule is
posted. Each speaker will be given three (3) minutes on any agenda item. We are
going to clarify that and I was more than glad to accommodate you today, but I do
not want you to interpret this as the trend. We will get a...
Mr. Mickens: I will be happy to bring OIP's opinion again
and in their interpretation, I believe it says you have three (3) minutes on any item
you pick off the agenda. That is their interpretation.
Chair Furfaro: That is their interpretation. That is not how
we post the Rule, we did sent that off to them, we had our own interpretation, and
again, I do not want you interpret what I extended to you as a courtesy today to
mean that the Rule has changed from the interpretation I have.
Mr. Mickens: Then I guess it is best that we get that
interpretation corrected, right?
Chair Furfaro: I think that has been my trend.
Mr. Mickens: Yes.
Chair Furfaro: I have been more than fair with you folks.
Mr. Mickens: Right, I agree.
Chair Furfaro: And I am telling you, I do not want you to
interpret what I did today as being a change of the Rule.
Mr. Mickens: Right.
Chair Furfaro: I want you to interpret it as basically a
courtesy.
Mr. Mickens: Right. I appreciate that courtesy, Jay, but I
just want to see that the Rule is interpreted the way OIP has. Thank you very
much.
Chair Furfaro: Next speaker.
Ms. Fountain-Tanigawa: The next speaker is Joseph Rosa on
C 2014-124 and C 2014-125.
(Mr. Kagawa was noted as present.)
KEN TAYLOR: Chair and members of the Council, my name
is Ken Taylor.
COUNCIL MEETING 8 APRIL 23, 2014
Chair Furfaro: Ken, I am going to ask you leave the chair. I
am going to ask you to leave the chair. The speaker that was called up was
Mr. Rosa.
Mr. Taylor: I am sorry.
(Mr. Hooser was noted as not present.)
JOE ROSA: Good morning. For the record, Joe Rosa. I
have been speaking on behalf of the audits that have been going on by the Auditor's
Office. I am out in the public, and to my amaze how many people did not know
what was going on. We have three (3) Public Information Officers in the County, in
the Mayor's Office and yet, you hear all different kind of segments. Insurance
settled with County. What is it? Did they settle with the County or the Council?
Like they said, the Council did not give the approval. What gives? So, the public is
left in the dark and according to the Sunshine Law also, you cannot be totally
blocked off. If you get a court Judge and bring the issue before the Judge, he can
decided whether it will be open or censored in a special session. That is the common
practice. When I was in Vegas one time, it came out just like Ho`ike can, it came on
the television in Vegas and it mentioned it was court approval by the Judge. There
would be no closed session on this issue. I think here in Hawai`i it is the same
thing. Let the Judges decide before you get to have it a closed issue and keep the
public in the dark. Remember the First Amendment, Freedom of Speech and
Freedom of the Press. We are not getting it as citizens of Kaua`i. What gives? Is
this a dictatorship or is it a democracy? All of these private sessions is falling off
democracy. Democracy is not behind closed doors. That is when it starts to lose its
political clout. Let us be, and do what you people say when you took your oath. I
will uphold the Constitution of the United State, the State of Hawai`i, and the
County Charter. So, that is the thing. Give the people the facts so that there is no
doubts in it, whether the County settled, whether Mr. Bynum got paid, or whatever.
There is too much hanky panky going on. Let us get down to the bottom of the roots
of this thing and settle it once and for all and not of this kind of money always
wanting to be allotted for not even being named as to who they are going to pay the
fifteen thousand dollars ($15,000) or one hundred thousand dollars ($100,000) or
whatever. It has to be documented. Like I was saying, public officials are
accountable for their actions.
(Mr. Hooser was noted as present.)
Mr. Rosa: I emphasize again, you are accountable for
your actions. So, that let us give the public the right...
Ms. Fountain-Tanigawa: Three (3) minutes.
Mr. Rosa: ...use and move on with it so that also goes
on, but it has not really given the people a clear clout. As I said, I am not a
politician...
Chair Furfaro: Joe, your time was up. The alarm went off.
So, please summarize very quickly.
Mr. Rosa: Okay. As I said, we need more public
information coming out form this office here in this Council and let the people know
what they want to know and hear because there is a lot of doubt. Remember, this is
COUNCIL MEETING 9 APRIL 23, 2014
an election year. We might clean house over here because the people are not
satisfied and this is the time...
Chair Furfaro: Thank you, Joe.
Mr. Rosa: ...by way of the ballot to get rid of people
that are a bunch of...not doing anything.
Chair Furfaro: Thank you.
Mr. Rosa: Thank you.
Chair Furfaro: Thank you, Joe. Next speaker, and we have
consumed fifteen (15) minutes of the eighteen (18) minutes. So, next speaker,
please.
Ms. Fountain-Tanigawa: The next speaker is Ken Taylor on
C 2014-124 and C 2014-125.
Mr. Taylor: Chair and members of the Council. My
name is Ken Taylor. First, I am speaking on C 2014-124. I think it is a shame that
this charade continues. What started out a couple years ago, Department Head
doing an excellent job turned into a political fiasco and it has been rolling along ever
since. Before it is over with, I am afraid it is going to be costing taxpayers of this
County millions of dollars and it is a real shame that the Mayor and you folks have
participated in pushing this forward.
In reference to C 2014-125, I find it interesting that after settlement we are
still pushing for fifteen thousand dollars ($15,000) more to be spent on this item
that was again, really mishandled by the Attorney's Office. I find it interesting that
when Parks and Recreation or the Transportation Agency wants somebody to give
them a bench worth maybe fifty dollars ($50) they have to come and request
permission to accept if from you, but yet, two hundred ninety thousand dollars
($290,000) can be expended without your input. Something is terribly wrong. I also
turned in this morning and you have probably received a letter from Walter Lewis.
I do not have time to read it, but he requested that it be read so the public could be
aware. I hope that one (1) of the Councilmembers will consider reading this letter
into the record. Thank you.
Chair Furfaro: Thank you. We have consumed all of our
time for Public Comment this morning according to our Rules. I would like to move
on with the agenda please.
There being no further public comment, the meeting was called back to order,
and proceeded as follows:
MINUTES of the following meetings of the Council:
March 27, 2014 Council Meeting
April 2, 2014 Special Council Meeting
Ms. Yukimura moved to approve the Minutes as circulated, seconded by
Mr. Rapozo, and carried by a vote of 6:0:1 (Mr. Bynum was excused).
COUNCIL MEETING 10 APRIL 23, 2014
CONSENT CALENDAR:
C 2014-114 Communication (03/19/2014) from the County Engineer,
transmitting for Council consideration, a Resolution establishing a crosswalk, a bus
stop, shared-use paths, one-way traffic lane, and intersection modifications on `Eiwa
Street, Lihu`e District, County of Kauai, based on planning, engineering, traffic
investigation, and implementation of complete street concepts: Mr. Rapozo moved
to receive C 2014-114 for the record, seconded by Ms. Yukimura, and carried by a
vote of 6:0:1 (Mr. Bynum was excused).
C 2014-115 Communication (04/01/2014) from the Director of Finance,
transmitting for Council information, the Period 8 Financial Report — Detailed
Budget Report, Statement of Revenues (Estimated and Actual), Statement of
Expenditures and Encumbrances, and Revenue Report as of February 28, 2014,
pursuant to Section 21 of Ordinance No. B-2013-753, relating to the Operating
Budget of the County of Kaua`i for Fiscal Year 2013-2014. (Copies of the Period 8
Financial Reports as of February 28, 2014 on file in the County Clerk's Office.):
Mr. Rapozo moved to receive C 2014-115 for the record, seconded by Ms. Yukimura,
and carried by a vote of 6:0:1 (Mr. Bynum was excused).
C 2014-116 Communication (04/03/2014) from Councilmember Yukimura,
transmitting for Council consideration, an amendment to the Kaua`i County
Charter relating to the Cost Control Commission, to clarify that "County"
government employees would be disqualified, and allow other government service
employees to serve on the Commission: Mr. Rapozo moved to receive C 2014-116 for
the record, seconded by Ms. Yukimura, and carried by a vote of 6:0:1 (Mr. Bynum
was excused).
C 2014-117 Communication (04/09/2014) from the County Engineer,
transmitting for Council consideration, a Resolution for establishing crosswalks,
reverse angle parking, bicycle lanes, and intersection modifications on Hardy
Street, Lihu`e District, County of Kaua`i, based on planning, engineering, traffic
investigation, and implementation of complete street concepts: Mr. Rapozo moved
to receive C 2014-117 for the record, seconded by Ms. Yukimura, and carried by a
vote of 6:0:1 (Mr. Bynum was excused).
C 2014-118 Communication (04/10/2014) from Council Chair Furfaro and
Council Vice Chair Chock, transmitting for Council consideration, a proposed Draft
Supplemental Money Bill in the amount of $12,000 from the General Fund —
Unassigned Fund Balance to the Office of Economic Development for an 89-Day
contract hire that would be housed in the Office of Economic Development to assist
with the Ka Aha Hula 0 Halauola Conference and the anticipated marketing and
coordinating efforts necessary prior to the Conference: Mr. Rapozo moved to receive
C 2014-118 for the record, seconded by Ms. Yukimura, and carried by a vote of 6:0:1
(Mr. Bynum was excused).
C 2014-119 Communication (04/10/2014) from Councilmember Yukimura,
providing written disclosure of a possible conflict of interest and recusal, relating to
the Comprehensive Economic Development Strategies (CEDS) — Keiki to Career
COUNCIL MEETING 11 APRIL 23, 2014
Workforce Readiness appropriation in the Office of Economic Development, Fiscal
Year 2014 — 2014 Mayor's Operating Budget submittal, as she is on the Leadership
Council for the Keiki to Career— Workforce Readiness initiative: Mr. Rapozo moved
to receive C 2014-119 for the record, seconded by Ms. Yukimura, and carried by a
vote of 6:0:1 (Mr. Bynum was excused).
C 2014-120 Communication (04/14/2014) from Councilmember Yukimura,
transmitting for Council consideration, an amendment to Article III, Section 3.10 of
the Kaua`i County Charter, as amended, relating to the setting of golf course fees,
by delegating to the Executive Branch the authority to set fees for the Wailua Golf
Course, a power which, under the present Charter, lies exclusively with the County
Council: Mr. Rapozo moved to receive C 2014-120 for the record, seconded by
Ms. Yukimura, and carried by a vote of 6:0:1 (Mr. Bynum was excused).
Chair Furfaro: Next item, Madame Clerk.
COMMUNICATIONS:
C 2014-121 Communication (04/01/2014) from the Hawai`i State Association
of Counties (HSAC) Treasurer, transmitting for Council approval, the proposed
HSAC Fiscal Year 2015 Annual Operating Budget, as amended, pursuant to
Section 21 of the HSAC bylaws: Mr. Rapozo moved to approve C 2014-121, seconded
by Ms. Yukimura.
Chair Furfaro: Thank you. I have a motion and a second. I
want to give the President of HSAC, Mr. Rapozo, a few minutes. Mr. Rapozo.
Mr. Rapozo: Thank you, Mr. Chair. In your agenda is the
posted budget and I am hoping everyone had an opportunity to take a look at it. I
am available for any questions that you may have.
Chair Furfaro: Thank you. Okay, we have a motion to
approve. Is there any testimony on the HSAC item under Communications?
There being no objections, the rules were suspended to take public testimony.
There being no one to provide testimony, the meeting was called back to
order, and proceeded as follows:
Chair Furfaro: If not, JoAnn, I want to remind you all, we
have the feedback, and we have three (3) microphones on at the table. They are not
coming in until tomorrow to fix it. JoAnn, you wanted the floor?
Ms. Yukimura: I know that last year there was some
moneys...I am sorry. I have not had a chance to look at this. There was some
money, I think, perhaps it was the National Association of Counties (NACo)
prescription drug marketing fee and it is money that we get, but we do not really
have to do anything, right? I mean, it does not give us major obligations? Okay.
So, that is in abling things like well, what is the Prescription, and it is misspelled,
Drug Scholarship Program and the County Leadership Institute Attendee because
COUNCIL MEETING 12 APRIL 23, 2014
that appears to be the use of the moneys? The twelve thousand dollars ($12,000)
that we are getting.
Chair Furfaro: I assume you have directed that question to
the President of HSAC?
Ms. Yukimura: Yes, right.
Chair Furfaro: Mr. Rapozo, you have the floor.
Mr. Rapozo: The scholarship program is simply
scholarships that will be awarded by HSAC to students throughout the State that
are pursuing education in the medical field. It could be in any medical field. The
County Leadership Institute is a program that is offered by the County Leadership
Institute for twenty-five (25) County legislators throughout the Country per year.
So, it is an application process and should Hawai`i be lucky enough to have one (1)
of their legislators selected, this would help offset the cost.
Ms. Yukimura: Okay. I mean, I was thinking that should be
paid by individual County budgets rather than an HSAC thing.
Mr. Rapozo: That is up to you. Do you want to have the
taxpayers pay or HSAC? I mean, I think it is...whatever we can get away from the
County taxpayers we should be thankful.
Ms. Yukimura: But I mean we are paying. This comes out of
our budget, the membership fees of...
Mr. Rapozo: No, this comes out of the Prescription Drug
Program, JoAnn, not the County. This is not your membership fees. This is over
and above your membership fees that we pay. This is moneys that...
Ms. Yukimura: Well, I was thinking maybe we could
discount our membership fees if we have another source of money.
Mr. Rapozo: We could. That is definitely a possibility.
Ms. Yukimura: I mean, because you have to...seven
thousand five hundred dollars ($7,500) is not a whole lot of money and I do not
know that we want HSAC to get into a scholarship program.
Mr. Rapozo: Why not?
Ms. Yukimura: Because HSAC is mainly to develop, my
understanding, to come together and discuss and lobby on issues that are similar to
all Counties. To me, you develop scholarship programs and those kinds of things if
you want to at the County level. I think you run in danger of kind of creating
bureaucracy to do things that are not really on point or on mission of HSAC.
Mr. Rapozo: May I respond, Mr. Chair?
Chair Furfaro: Go right ahead. You have the floor.
COUNCIL MEETING 13 APRIL 23, 2014
Mr. Rapozo: First of all, I do not think it is legal for the
County to award scholarships. We are a government entity. We cannot award
scholarships. HSAC is a non-profit. Like many non-profits throughout the world,
they offer scholarships. We felt that the moneys that were derived from the
Prescription Drug Program should be given back to the communities that we serve
in the form of scholarships to students that is going to advance their career in
medicine, in some form of medicine, nursing, dental, or whatever the case would be.
We felt that was an appropriate use of the funds and the County Leadership
program that was proposed by City and County of Honolulu. Again, it is an
opportunity for our legislators to apply for this program. We believe that would also
be moneys well spent from the Prescription Drug Program. I mean, any
Councilmember...obviously, if you have a concern...we vote against the budget, we
do require four (4) Counties to approve. It has to be unanimous and if you have a
proposal that you would like to see it differently, then I would be more than happy
to take it back to our meeting next month.
Ms. Yukimura: I have not had time to really look at this, but
I am wanting us to focus on what our mission is as HSAC. I remember when HSAC
dues were twelve thousand dollars ($12,000) a year, now it is forty-three thousand
dollars ($43,000). We have a really tight Council budget. Another twenty thousand
dollars ($20,000) here and there could do things that we need in our...we are going
to be searching for that in our budget. I am not going to try to propose an
alternative this year, but I just want to raise the questions to really think about
what HSAC's mission is. I mean, it may almost be better to hire a lobbyist than to
start a scholarship program if you think about our mission. So, I just raise these
questions to start us thinking about it.
Mr. Rapozo: Thank you. Mr. Chair?
Chair Furfaro: Mr. Rapozo, would it be improper for me to
request that maybe there is some discussion on the June 10th meeting in Honolulu
with all of the Councils there to revisit the mission statement? I am going to
support this scholarship piece. I am just...so we can all participate in the mission
statement. Can I make that request? I will put it over to you in writing.
Mr. Rapozo: Yes, it is. Thank you. I just want to make it
clear that the membership fees are not paying for the scholarships.
Chair Furfaro: Yes, I understood that.
Mr. Rapozo: I am not sure if the Councilmembers
appreciate what HSAC does. I think Mr. Chair, I think in the last couple of weeks I
think you have seen the work. I think this year more than any other year, the work
that has been put in to getting collaboration with the Mayors and the Chairs of the
Counties. I think we cannot undervalue what HSAC does and I understand
forty-three thousand six hundred eighty dollars ($43,680), that is from all four (4)
Counties, but included in that is our NACo fees. We have to pay NACo. HSAC has
to pay Western Interstate Region (WIR) with the regional fees and we have to pay
the National fees. So, it is not forty three thousand dollars ($43,000) for HSAC. It
is forty-three thousand dollars ($43,000) to benefit from the NACo programs and
the WIR programs. I mean, I guess to use Mr. Hooser's word, "flabbergasted," that
you would question what HSAC does. I think HSAC is very important to this
County and many of the Bills that are going through the legislature today are still
alive because of the efforts of HSAC and its members. I am not just talking about
COUNCIL MEETING 14 APRIL 23, 2014
the four (4) Executive Board members, I am talking about all the Councilmembers
that have contributed. It is the will of the Council. We will take back whatever this
Council wants. Ashley is our HSAC staff and I will take this opportunity to thank
Ashley for all her work. She should be getting paid an extra forty-three thousand
dollar ($43,000) just for the work she does for HSAC. She is the person that does all
the work for HSAC in basically being the traffic cop and getting everything where it
needs to be. Obviously, we will take the will of this Council back at the next
meeting. I would sincerely ask for your favorable vote on this today though. Thank
you.
Chair Furfaro: Okay. Mr. Hooser.
Mr. Hooser: I would like to vote in support, move this
forward, and thank Councilmember Rapozo for his initiative and leadership on
spearheading HSAC at a Statewide level, but certainly also at the local level. I
think that when certain individuals step forward to lead and do the work necessary
and spend the time necessary to lead, that when possible, we would defer to their
judgment. I certainly defer to the President of HSAC, Councilmember Rapozo's,
judgment. I think it is a worthwhile use of funds and looking forward to voting in
the affirmative. Thank you.
Chair Furfaro: Mr. Chock.
Mr. Chock: Thank you. Thank you for that as well
because that is my sentiments as well, that first to acknowledge the work and the
volunteerism that goes into the people to who serve on HSAC because they do a lot
for supporting the Counties as a whole. I think that it might be a little bit...since as
Councilmember Yukimura has said, we have not had the time to look at all of the
details, but Chair, if it is possible that any suggestions moving forward would be
put into writing and then either vetted later as suggestions, but I have confidence
and I want to trust the bodies that have stepped up to the table to participate in
that process and allow them to move forward. I want to support it now and move
forward. Thank you.
Chair Furfaro: Councilmember Yukimura.
Ms. Yukimura: Yes, I am not at all questioning the value of
HSAC. I know how important it is for the Counties to speak in one (1) voice and I
think HSAC gives us that ability to do that. I appreciate Councilmember Rapozo's
leadership which has been very outstanding, but I do want to really keep track of
what our mission is and so that is why I am raising these questions. As I said, I am
not planning to vote against this budget, but I guess I was there when
Councilmember Chang at the Executive Committee, was talking about travel. I
am...I just have some...I think we have to be really careful about what we spend
and how we do it on behalf of all of the Counties. So, I just want to raise the
question and none of this is meant to question the purpose of HSAC or the value or
Councilmember Rapozo's leadership.
Chair Furfaro: Okay. Mr. Kagawa.
Mr. Kagawa: Thank you, Chair. I too, will be supporting
the budget for HSAC and appreciate Councilmember Rapozo and Ashley's work. I
did get to represent Kaua`i at one (1) meeting and I see the value of collaborating
with the other Counties as we face issues such as raising more revenue for our
COUNCIL MEETING 15 APRIL 23, 2014
County in the future. All of our Counties may have to look at other options besides
just real property taxes. We may have to look at things such as General Excise Tax
(GET) increases to support transportation to support our growing budgets. It is
always better for the Counties to come together and testify in favor of something
when it deals with the State Legislature. Thank you.
Chair Furfaro: Okay. I think I want to put this item to bed.
In fact...
Mr. Rapozo: I just want to...
Chair Furfaro: Oh, sure.
Mr. Rapozo: If I may, Mr. Chair?
Chair Furfaro: Go ahead.
Mr. Rapozo: Thank you. Just because forty-three
thousand six hundred eight dollars ($43,680) seems like a lot of money, but I did
want to break that down. We as HSAC, we have to pay NACo, our mother
organization, twenty-seven thousand two hundred sixty-eight dollars ($27,268) a
year. We have to pay the region three thousand eight hundred four dollars ($3,804)
a year. So, that brings up or dues to the National and Regional organization to
thirty-one thousand seventy-two dollars ($31,072) leaving a net dues if you will, of
twelve thousand six hundred eight dollars ($12,608) that stays with HSAC. So, I
think it is important to understand that it is not all HSAC money. We have to pay
bills too. The net dues that HSAC retains is the twelve thousand six hundred eight
dollars ($12,608). Thank you.
Chair Furfaro: Thank you. Mr. Rapozo, I want to thank
you. When you were first nominated to HSAC, I was proud to be one of those that
nominated you. You are the President of HSAC. You do a darn good job for us, to
sit with that group of Councilmembers from the other Counties. The bottom line
here is the fact that if we are going to exercise influence on the State Legislature, it
comes from your body. I have to tell you, you have been an outstanding job
supported with Ashley. I have gone to the last three (3) meetings. I am very
pleased with the actions, but I would request that maybe it would be good for all the
Counties to revisit the mission statement in June as a potential agenda item. I will
send that correspondence over. My hats off to you and I will certainly support this
approval.
The motion to approve C 2014-121 was then put, and carried by a vote of
6:0:1 (Mr. Bynum was excused).
Chair Furfaro: On that note, I would like to take a break
from the agenda to go to a recognition piece.
There being no objections, the Council recessed at 9:49 a.m.
The meeting was called back to order at 10:09 a.m., and proceeded as follows:
Chair Furfaro: We will pick up on item C 2014-122, please.
COUNCIL MEETING 16 APRIL 23, 2014
C 2014-122 Communication (04/07/2014) from the Acting Director of
Personnel Services, transmitting for Council information, the January-March 2014
Department of Personnel Services Quarterly Report, pursuant to Section 19 of
Ordinance No. B-2013-753, relating to the Operating Budget of the County of Kaua`i
for the Fiscal Year 2013-2014, which includes new hires, transfers, reallocations,
promotions, and vacancies for the second quarter: Mr. Rapozo moved to receive
C 2014-122 for the record, seconded by Mr. Chock.
Chair Furfaro: Discussion? Anyone here wanting to give
testimony?
There being no objections, the rules were suspended to take public testimony.
There being no one to provide testimony, the meeting was called back to
order, and proceeded as follows:
The motion to receive C 2014-122 for the record was then put, and carried by
a vote of 6:0:1 (Mr. Bynum was excused).
Chair Furfaro: Next item, please.
C 2014-123 Communication (04/09/2014) from Mauna Kea Trask, First
Deputy County Attorney, transmitting for Council information the Quarterly Report
on Settled Claims Against the County of Kaua`i from January 1, 2014 through
March 31, 2014: Mr. Rapozo moved to receive C 2014-123 for the record, seconded
by Mr. Chock.
Chair Furfaro: I have a motion and a second to receive. Any discussion?
Anyone wanting to testify on this item?
There being no objections, the rules were suspended to take public testimony.
There being no one to provide testimony, the meeting was called back to
order, and proceeded as follows:
The motion to receive C 2014-123 for the record was then put, and carried by
a vote of 6:0:1 (Mr. Bynum was excused).
RICKY WATANABE, County Clerk: Next item is C 2014-124.
Chair, I...
Chair Furfaro: Could you hold on just right here?
Mr. Watanabe: Yes.
Chair Furfaro: I will turn over that item and the next item
because I need to return some phone calls on the second item and we have had
discussion during the first session, but I will turn those two (2) items over to Vice
Chair Chock. I will come back when we go to Legal Documents. Mr. Chock.
Council Chair Furfaro relinquished Chairmanship to Mr. Chock.
(Council Chair Furfaro was noted as recused.)
COUNCIL MEETING 17 APRIL 23, 2014
C 2014-124 Communication (04/17/2014) from the County Attorney,
requesting authorization to expend funds up to $100,000 for Special Counsel's
continued services to advise and represent the County Council in matters relating
to the investigation of personnel matters involving the County Auditor's Office, and
related matters (including Ernesto G. Pasion vs. County of Kaua`i, et al., Civil
No. 13-1-0340 (Fifth Circuit Court)), and related matters.
Mr. Chock: Thank you, Mr. Clerk.
Mr. Watanabe: Vice Chair, we have an Executive Session
item scheduled for this item first.
Mr. Chock: And this Executive Session item is scheduled
for 3:00 p.m. today. This item needs to be approved at this time and I can take any
testimony as well.
Mr. Rapozo: No, we are not approving that now.
Mr. Watanabe: After Executive Session.
Mr. Chock: Okay sorry.
Mr. Watanabe: We will just take public testimony.
Mr. Rapozo: Yes, we can.
Mr. Chock: We can take public testimony. Is anyone
signed up for public testimony on this item?
Mr. Watanabe: Not on this item.
Mr. Chock: Okay. Thank you. Anyone from the
community would like to speak on this item?
There being no objections, the rules were suspended to take public testimony.
There being no one to provide testimony, the meeting was called back to
order, and proceeded as follows:
Mr. Watanabe: We will move that to the end of the calendar.
Mr. Rapozo: I am sorry. Are we on C 2014-125?
Mr. Watanabe: C 2014-124.
Mr. Chock: C 2014-124.
Mr. Rapozo: Oh, okay.
Mr. Chock: The next item.
Mr. Watanabe: The next item we have a registered speaker.
So, let us read the agenda item, Vice Chair.
COUNCIL MEETING 18 APRIL 23, 2014
Mr. Chock: Okay.
C 2014-125 Communication (04/17/2014) from the County Attorney,
requesting authorization to expend funds up to $15,000 to retain Special Counsel to
advise the Council concerning coverage under the County's insurance policy with
Everest National Insurance Company, in connection with the lawsuit Tim Bynum
vs. County of Kaua`i, et al., Civil No. CV12-00523 JMS-RLP (United States District
Court), and related matters.
Mr. Watanabe: We have one (1) registered speaker.
Mr. Chock: Thank you, Mr. Clerk. This motion is also
going...I mean, this item is also going into Executive Session. At this time we will
suspend the rules for the speaker.
Mr. Watanabe: Shaylene Iseri.
There being no objections, the rules were suspended to take public testimony.
Mr. Chock: Shay, are you going to speak on this item?
SHAYLENE ISERI: Yes, but the other people here are telling me
that they signed up first.
Mr. Chock: My understanding is that...
Mr. Watanabe: They spoke during the Public Comment
portion.
Mr. Chock: You folks speak on this during the Public
Comment, right? So, I think that we just have you. Yes.
(Mr. Kagawa was noted as not present.)
Ms. Iseri: Good morning Council Vice Chair Chock and
the rest of the members of the County Council. There were several things that I
just wanted to point out. I still have not received a signed agreement of the
settlement and have not fully seen one that has been signed. I am not sure if the
County Council has, but I have not. What I did see was what was placed on the
record and it is definitely very different from what was the initial agreement that I
was given. So, I would ask the County Council to review that because I am not sure
what agreement the County Council ratified, because to my knowledge there were
negotiated terms that amended the agreement that the County Council had
previously ratified. Secondly, I wanted to point out in clause nine of the agreement,
there is absolutely no admission of liability that this a purely a financial
compromise apparently between the insurance company and now they have
included the County as a settling party, which is again, very shocking to me because
it was clear from the Council's sentiments expressed at many, many meeting prior
that it had not seen the settlement agreement and that it was not in favor of the
actual settlement, but was coerced in essence, voting to ratify a settlement or else it
would be sued for breach of contract by the insurance company.
(Mr. Kagawa was noted as present.)
COUNCIL MEETING 19 APRIL 23, 2014
Ms. Iseri: I would also like to point out clause thirteen
and in clause thirteen it has a specific provision of advice of Counsel and it again, is
very shocking to me that this clause was put in. Again, I am not clear what was
ratified by the County Council because we had not seen the agreement and I have
not seen a finalized agreement, but if we look in clause thirteen...hold on. I am
sorry. I am trying to get there so that I can read it verbatim. If you would just give
me a moment here. It is coming out. Again, it says on advice of Counsel, it...hold
on. Let me just pull it up. Sorry for the inconvenience here. I am not sure if you all
have a copy of the agreement because that was publicized and I did get a...actually,
I never got a copy, but I actually got wind of it because the media called me for
comments before I even had any discussions with my attorney or the County
Attorney, Richard Nakamura. It is trying to download here.
Mr. Watanabe: Three (3) minutes.
Ms. Iseri: Or if you folks have a copy, I could refer to it.
Mr. Chock: Three (3) minutes. You need to bring
something up?
Ms. Iseri: Yes.
Mr. Chock: Three (3) minutes already passed. So, if you
can pull it up and summarize and then we can get the next speaker.
Ms. Iseri: Oh, do I have three (3) minutes or six (6)
minutes?
Mr. Chock: We can give you another three (3) if you can
move towards it.
Ms. Iseri: Okay, hold on. If I would point out...
Mr. Rapozo: Mr. Chair, does anyone have a copy of that?
Mr. Chock: I had an E-mail.
Mr. Rapozo: You have one, of the agreement?
Mr. Chock: Yes.
Mr. Rapozo: Maybe if someone has it we can...I never
received it. So, I do not know and it is very difficult.
Mr. Chock: So, I want to honor the time that we have
given her three (3) minutes and an additional three (3) minutes, which is running
now, and then we can continue the discussion.
Ms. Iseri: Well, I think it is unfair for you to run your
time while you are having a discussion there without my speaking.
Mr. Rapozo: Yes, I mean...
Mr. Chock: That is why I want to stop.
COUNCIL MEETING 20 APRIL 23, 2014
Mr. Rapozo: I just want to...
Mr. Chock: Do you have more to share?
Ms. Iseri: Yes, I do.
Mr. Chock: Okay, then continue.
Ms. Iseri: Okay, and if I could go on...
ALFRED B. CASTILLO, JR., County Attorney: Excuse me, Vice
Chair Chock. Al Castillo, County Attorney. It appears to me that you have not
been privy to the conversations that I have had with Council Chair Furfaro.
Yesterday, I had discussions with the Chair and the staff regarding the subject
matter of C 2014-125. The parameters of this, the agenda item is to advise the
Council concerning the coverage under the Council's insurance policy and the
understanding. I ask that you check with Council Chair because the understanding
and I just want to be everyone involved because the understanding that I had
yesterday was that this agenda item is specifically for the coverage and the
relationship with the County, and the discussion that would happen on the floor
today would be specifically to that and not including the settlement. So, I would
ask that we recess and if you can check what I represented to you and if that is
correct, and then we can go on.
Mr. Chock: Okay. So, I want to see if we can get through
this public testimony period. I know there is a few more minutes on the clock here.
I do take what you have to say at heart and so if we can keep it to the agenda item,
which is specific to the insurance company settlement, then that is what I would
request.
Ms. Iseri: Well, I would ask that you revisit the agenda
item. It says, "and related matters." What I am speaking on is clearly what is
relevant to related matters.
Mr. Chock: Okay.
Ms. Iseri: And that is what is on the agenda. So, I
would like...I find it extremely disrespectful for a County Attorney who has already
claimed that he has a conflict, to speak on this matter and disrupt my testimony
and my time.
Mr. Chock: Okay. You have more time.
Ms. Iseri: This does not follow Robert's Rule of order.
It does not.
Mr. Chock: How much more time do we have?
Ms. Iseri: And three needs to be some
professionalism...
Mr. Chock: Three (3) minutes? Okay.
COUNCIL MEETING 21 APRIL 23, 2014
Ms. Iseri: ...in this body. I mean, that is so extremely
rude and that should not be allowed to happen.
Mr. Chock: Your comments are well-taken. Thank you.
You have three (3) minutes more to continue and then...
Ms. Iseri: Is my three (3) minutes starting from now?
Mr. Chock: Yes. Actually, it is staring right now.
Ms. Iseri: Okay. On clause thirteen, Advice of Counsel.
The settling parties were represented throughout the lawsuit by competent and
experienced legal counsel. The settling parties, which is the County, understand
the contents of this agreement and have had an opportunity to review and consider
the terms of this agreement with their legal counsel and those attorneys have
reviewed this agreement. It is very evident from the conversation we just had
before by Councilmember Rapozo, that he had not had the opportunity to have the
agreement, that he in fact appears to not even know what is contained in the
agreement even before the agreement, and I can say myself in my official capacity
as a settling party, had not even had an opportunity to review this agreement. We
know this from all of the sentiments that had been expressed by these
Councilmembers that they have not seen. In fact, most of the time I was the first
one to bring it to the attention of the Council what the prior negotiations were. So,
it is very offensive for a County Attorney and a Special Counsel to lock the County
Council in signing this agreement that says an untruthful statement. That is
offensive and that clause, my understanding, I am not sure who is going to sign it
because I have not seen the signature, but this is really a disaster in many respects
because it is obvious till today, the County Council is not being kept abreast as
required, by the professional rules of conduct as required by all attorneys. To put a
clause that is specifically self-serving for the County Attorneys is highly improper
and irresponsible, and that this County Attorney needs to be held accountable for
clauses that are detrimental to the County.
This clearly shows a lot of adjectives that come to mind. It is fraud, it is
manipulation, it is deceit, and it has cost these taxpayers almost, it will be one
million dollars ($1,000,000). It is just shocking to me what has occurred in this
case. It is a disaster, it is a travesty, and this Council body needs to step up and
take action. There are numerous improprieties that have been brought forth for the
last several months. We did not even have an agreement even though back on
February 7th we withdrew all of our motions to dismiss that had been completed in
July. Our County Attorneys continued our motions to dismiss three (3) times so
that we could have the insurance company in, when had we done the motions to
dismiss when it was initially scheduled in October, I bet you we would have saved
at least five hundred thousand dollars ($500,000), but instead the County taxpayers
are now stuck with this bill, stuck with the settlement amount, and now not only for
this but for future litigation. Our premiums have gone up substantially and I ask
you to look at all of those amounts, how much we have been charged. We are
paying almost double for premiums because of all of the sediment of the lawsuits by
this County Attorney. Action needs to be taken. It needs to be taken immediately
so the taxpayers do not suffer any more of these dire consequences that did not have
to occur.
Mr. Chock: Okay.
COUNCIL MEETING 22 APRIL 23, 2014
Ms. Iseri: Thank you.
Mr. Chock: Thank you. This will come back for
discussion later on the agenda. So, we will call this meeting back to order for some
discussion and then move on.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Mr. Kagawa: Thank you, Chair. A request was made by
Mr. Taylor if we could have Walter Lewis' letter to us regarding this item read into
the record. So, I will ask if the Chair would like to have the staff...
Mr. Chock: Would you be reading it?
Mr. Kagawa: I think the staff can read it.
ALLISON S. ARAKAKI, Council Services Assistant I: A Better
Kaua`i. The most bizarre case for Kaua`i since the notorious lawsuit filed in 2004 in
which the County sued the County seeking to invalidate the voter approved Charter
amendment for residential taxpayers is surely the Federal District Court action
filed in September 2012 by County Councilmember Timothy Bynum against the
County and two (2) County employees (both individually and in their official
capacity) seeking damages principally for alleged violations of his civil rights.
When Mr. Bynum took office he swore under oath to serve the County of
Kaua`i and its people. His case is the only known instance where a Councilmember
has sued the County. It strains credulity to believe that suing the County and
seeking damages from it for mental anguish is serving its people. While Mr. Bynum
may have felt aggrieved by the actions of the two (2) employees he named in his
complaint, he well knew that the County and its citizens would bear the economic
burden of defending his case when it was named a defendant. If his desire for
financial compensation exceeded his obligation to serve would it not have been more
in keeping with honoring his oath for him to end his service as a Councilmember
and bring his suit as a private citizen?
Other strange aspects of the case involve the actions of the Office of the
County Attorney in regard to the liability insurance the County maintains. In
broad, the County's policy specifies a per case liability coverage against judgments,
settlements and litigation costs up to ten million dollars ($10,000,000) with a five
hundred thousand dollars ($500,000) deductible. Annual premium is over five
hundred thousand dollars ($500,000). Defense of a case is assumed by the insurer
when the deductible is met and thereafter the insurer is authorized to settle the
case within policy limits. At the outset the County Attorney recognized that the
attorneys in his office would not be able to adequately defend the case and he
arranged for three major Honolulu law firms to defend the County and the two (2)
employees in their official capacity. Under County practice estimated costs for such
Special Counsel are approved by the County Council and the firm's advice is
considered in Executive Sessions. Under this routine important information is
withheld from the public. Since last summer, Counsel for the County and its
employees had prepared customary summary judgment motions to dismiss the case,
but when Counsel costs soared, it appears that the County Attorney maneuvered to
have the motions hearing deferred and for the insurer to assume responsibility for
the case and to look for a settlement.
COUNCIL MEETING 23 APRIL 23, 2014
As Counsel costs approached the incredible amount of seven hundred fifty
thousand dollars ($750,000), a settlement was negotiated between the insurer and
Bynum only a day before the frequently deferred date for hearing the motions for
summary judgment. It called for the payment to Bynum and his attorneys the sum
of two hundred ninety thousand dollars ($290,000). Although the insurer had the
absolute right to consummate a settlement, it asked the County Council to ratify
what it had done and apparently the Council was threatened that if it failed to
ratify it would violate the insurance contract. The request to the Council seems
unjustified. If the insurer had plenary authority to settle, the ratification sought
was unnecessary and if the insurer did not, the failure to ratify would not be a
violation.
On April 11th, the Council held a Special Meeting to consider the position.
The public testimony opposing the settlement was, as is customary for the Council,
ignored. Following the public testimony an Executive Session was held. Its content
was veiled from public view, but its significance was dubious except that it gave
Councilmembers additional cause to complain about County Attorney's Office
actions. Although the April 11th meeting was probably futile, the remarks and
action by the Councilmembers were interesting. Two (2) of the six (6) members
present (Bynum was recused) reasonably believed that approval of the settlement
amounted to a Council judgment on the case which they felt was inappropriate, and
they wanted the case resolved by the judicial proceedings. The remarks of the other
members were mostly of a resigned nature oriented to the view that it would be best
to get the odious matter behind them. The Council voted 4:2 to ratify the settlement
made by the insurer.
So, the bottom line for this unprecedented instance of the County being sued
by an incumbent Councilmember is that the taxpayers of the County and the
liability insurer will initially share more or less equally the over one million dollars
($1,000,000) bill for the case. Taxpayers will also bear the burden of the experience
adjusted insurance premiums that will doubtless ensue. So much for Bynum's oath
to serve the County and its people. Bynum will not likely net anything of
significance from the settlement after paying his legal costs and the two (2) County
employees will have to meet the costs related to their defense of the suit
individually. All in all it was a sorry episode. Perhaps the only silver lining was
that it allowed the Council a closer look at the manipulative operations of the
County Attorney's office which may enable some badly needed improvement to be
made. Regards, Walter Lewis.
Mr. Chock: Thank you. So, we are going to have this
discussion after we hear this item in Executive Session. Councilmembers, if there is
no other comments, I would like to ask that we move forward.
Mr. Rapozo: I just have one (1), and it is in response to it.
I know the County Attorney referenced a discussion he had with the Council Chair
yesterday. Obviously, I am not aware of what they spoke of, but I can tell you that I
had requested an agenda item for this body in Executive Session to discuss or
basically to update us what occurred. I think many of us have concerns about how
the process and how authority got...I mean, I think JoAnn just spoke about that the
other day at the budget hearing about how the Council lost its authority. The Chair
assured me that he would not post what I had requested, but that this posting here
was sufficient for us to have that discussion today in Executive Session. So, I want
to make sure...that was what I was told by the Chair. So, again, I am not sure what
the County Attorney and the Council Chair agreed to yesterday, but I can tell you
COUNCIL MEETING 24 APRIL 23, 2014
that whatever they agreed on does not flow down to me. I know what I was told and
I know what assurances I was given. I plan to discuss as we go into Executive
Session. I plan to discuss it. Again, I am deeply concerned that I am looking at
Mr. Lewis' testimony and it seems like the public is privy to more information than
we are and I think that is troubling and maybe they know how to finagle, not
finagle, but they know how to access court documents at Federal Court. I do not.
So, I am not able to get what they can get, but I think it is disturbing that the
public can get information be we can. That is part of the issue that I want to
discuss today, is how in the world can this Council be expected to make right
decisions if we are not given all of the information available? So, I will definitely be
seeking that discussion once we get into Executive Session.
Mr. Chock: Councilmember Yukimura.
Ms. Yukimura: I just want to say that while I did not
necessarily agree with what Ms. Iseri said, I think she was within the bounds of the
relevance of the posted wording of the agenda item. I think she was within
relevance to it.
Mr. Chock: Councilmember Hooser.
Mr. Hooser: I think Mr. Lewis' testimony, he mentioned
"a sorry state of affairs" or something and I think the reading of his testimony, the
constant battering of Councilmember Bynum is further indication of the sorry state
of affairs that this Council continues bringing up over and over again. We voted on
the agreement. This agenda item says "advise the Council concerning coverage
under the County's insurance policy." Okay? That is what we are supposed to be
talking about. The fifteen thousand dollars ($15,000) to retain Special Counsel, in
connection with the lawsuit, and related matters. We are not supposed to be
spending half an hour talking about related matters. We are talking and we are
supposed to be talking about the fifteen thousand dollars ($15,000) to retain Special
Counsel in connection to these other matters. So, I find it offensive to read
Mr. Lewis' testimony as it repeatedly rehashes his opinion of the case. However, I
acknowledge Councilmember's prerogative if you would or courtesy to allow them to
request that, but I think this Council needs to move forward and stop rehashing the
issue over and over and over again that has been settled. Maybe some here feel it
has not been settled, but I believe we voted on it to settle it and now we need to talk
about additional funds to hire Special Counsel to discuss the insurance policy and
related matters. So, I appreciate the Chair managing this very difficult issue. I
understand the pressure that comes from the public who want to speak on it and
the difficulty in controlling public testimony, but I would just like to see this
Council move forward. This is a dark and ugly phase that we need to get out of and
not just revisit week after week after week. I think it would be in the community's
best interest and our best interest to close the door on this chapter and move
forward. That is my personal opinion and I appreciate the time to state it.
Mr. Chock: Thank you. Any further comments?
Mr. Rapozo: Just one (1) quick one, Mr. Chair.
Mr. Chock: Okay. Sure.
Mr. Rapozo: I thought we had put this behind us. I, like
everyone else wants to get past this dark period, but I have a difficult time and that
COUNCIL MEETING 25 APRIL 23, 2014
I why I went to see the Chair about a posting, was because I have a difficult time
with this Counsel ratifying an agreement that is later changed by the attorneys
that we hired, that we paid seven hundred fifty thousand dollars ($750,000) that
represents this Council. My attorney, our attorney comes to us and says, "Hey, we
need to settle this." Majority rules, I did not support it, but it passed. Then, the
day that the settlement is to be recorded in Federal Court it is different. What
attorney has that authority to come and get agreement from their client and then
change the terms, add terms? That is why I asked for the posting and I was
assured that this language was going to allow me to discuss that in here. So, I
agree with Mr. Hooser. I want this thing over. I want it to be done with, but this is
like a hemorrhoid. It keeps coming back and it is a pain in the butt. I am sick of it,
but until I get my answers, rest assured I am going to continue to post what I
believe needs to be discussed because it is wrong. Look at today's agenda. Six (6)
more claims today. This is going to incite lawsuits, the way this one was handled
and that is why, Mr. Chair, I sought the posting. I wanted a specific posting. I was
assured this language was going to be sufficient. I appreciate it. Thank you.
Mr. Chock: Thank you. That is why it is so important to
get the language right in the posting and I think that may have been where three
(3) more added words were to help guide us in the direction of your request. I am
happy that I can respond to the request of all Councilmembers as they want to read
things into our documents here, and what a great time for a phone call from Council
Chair. We will be moving this forward. My hope is that it does end shortly, but we
will move onto the next item if no other discussion is on the table. Thank you. Is he
returning? He wanted to come back for the Legal Documents. So, if we could pause
for a moment we can move forward or can we just move forward and...
Mr. Watanabe: Okay, let us take the claims if that is okay.
There being no objections, C 2014-128, C 2014-129, C 2014-130, C 2014-131,
C 2014-132, and C 2014-133 were taken out of order.
CLAIMS:
C 2014-128 Communication (03/31/2014) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Kimo M. Keawe, for
damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i:
Mr. Rapozo moved to refer C 2014-128 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Ms. Yukimura, and
carried by a vote of 6:0:1 (Mr. Bynum was excused).
C 2014-129 Communication (04/07/2014) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Lisa Loketi, for personal
injury, pursuant to Section 23.06, Charter of the County of Kaua`i: Mr. Rapozo
moved to refer C 2014-129 to the County Attorney's Office for disposition and/or
report back to the Council, seconded by Ms. Yukimura, and carried by a vote of 6:0:1
(Mr. Bynum was excused).
C 2014-130 Communication (04/07/2014) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Patrick and Lisa
McCluskey, for damages done to their vehicle, pursuant to Section 23.06, Charter of
the County of Kaua`i: Mr. Rapozo moved to refer C 2014-130 to the County
Attorney's Office for disposition and/or report back to the Council, seconded by
Ms. Yukimura, and carried by a vote of 6:0:1 (Mr. Bynum was excused).
COUNCIL MEETING 26 APRIL 23, 2014
C 2014-131 Communication (04/14/2014) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Tire Warehouse, for
damages to their vehicle, pursuant to Section 23.06, Charter of the County of
Kaua`i: Mr. Rapozo moved to refer C 2014-131 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Ms. Yukimura, and
carried by a vote of 6:0:1 (Mr. Bynum was excused).
C 2014-132 Communication (04/14/2014) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Kaua`i Island Utility
Cooperative, for damage to their property, pursuant to Section 23.06, Charter of the
County of Kaua`i: Mr. Rapozo moved to refer C 2014-132 to the County Attorney's
Office for disposition and/or report back to the Council, seconded by Ms. Yukimura,
and carried by a vote of 6:0:1 (Mr. Bynum was excused).
C 2014-133 Communication (04/15/2014) from the Deputy County Clerk,
transmitting a claim filed against the County of Kaua`i by Farmers Insurance
Hawai`i, Inc., as subrogee for Bruce Stine, for damages to his vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i: Mr. Rapozo moved to refer
C 2014-133 to the County Attorney's Office for disposition and/or report back to the
Council, seconded by Ms. Yukimura, and carried by a vote of 6:0:1 (Mr. Bynum was
excused).
(Council Chair Furfaro was noted as present.)
Mr. Chock: Mr. Chair, we are done with the claims and
have yet to get to the Legal Documents.
Mr. Chock returned Chairmanship to Council Chair Furfaro.
Chair Furfaro: Let us do that, Mr. Clerk. Let us go to Legal
Documents.
LEGAL DOCUMENTS:
C 2014-126 Communication (03/19/2014) from the Chief of Police,
recommending for Council approval, a two-year extension beginning
December 1, 2013 to December 1, 2015, of the Memorandum of Understanding for
use of the Hanapepe Armory facilities and property located at Building 1,
1-3460 Kaumuali`i Highway, Hanap6pe, Kaua`i, Hawai`i, as a mini-substation by
the Kaua`i Police Department, and to indemnify the Hawai`i Army National Guard
(HIARNG).
• Extension of Memorandum of Understanding (MOU) between the County
of Kaua`i and the Hawai`i Army National Guard (HIARNG)
Mr. Rapozo moved to approve C 2014-126, seconded by Mr. Kagawa.
Chair Furfaro: I have a motion and a second. Do we need
anyone from the Police Department to come up? Members, are you okay with that?
Very good. I see that they are in the audience. Any public testimony on this item?
There being no objections, the rules were suspended to take public testimony.
•
COUNCIL MEETING 27 APRIL 23, 2014
There being no one to provide testimony, the meeting was called back to
order, and proceeded as follows:
Chair Furfaro: Seeing none, the motion is to approve.
Mr. Kagawa, you have the floor.
Mr. Kagawa: Chair, I guess if you can give a really short
update as to...Richard is back there. If you want to give us a short update on what
this is doing. Just a simple extension of time or is it adding to what we have?
There being no objections, the rules were suspended.
Chair Furfaro: If you could give us a quick briefing and I
also see you have a representative for the Police Department from the County
Attorney's Office here, but gentlemen, let me ask you to first introduce yourselves.
NICHOLAS R. COURSON, Deputy County Attorney: Good
morning Chair, good morning Council. Nicholas Courson, Deputy County Attorney.
Chair Furfaro: Nick.
RICHARD ROSA, Acting Captain: Good morning Chair and
Councilmember. Acting Captain, Richard Rosa with the Kaua`i Police Department
Patrol Services Bureau.
Chair Furfaro: Okay, Officer Rosa, if you could just give us a
quick update as Mr. Kagawa has requested on this Memorandum of Understanding
on the extension.
Mr. R. Rosa: Yes, this is an agreement we entered with
the Hawai`i Army National Guard a few years ago to show a bigger or more
presence in the Hanapepe community to deter crime and to have the public easier
access to our officers. It has been working out well. We have been using the office
space and working in conjunction with the Army Nation Guard. As you are aware,
we also utilize the Kapa'a Armory too.
Chair Furfaro: Right.
Mr. R. Rosa: So, we are at both facilities.
Chair Furfaro: Everything is working well for the intended
use at both sites for you folks?
Mr. R. Rosa: Yes, sir.
Chair Furfaro: Okay. Questions? Mr. Kagawa, you still
have the floor.
Mr. Kagawa: Well, first of all, I want to thank you for
extending this agreement. I think prior to this agreement we operated only out of
the Waimea substation and having that Hanapepe, I think more substations are
better. So, thank you for that. Is that room equipped with communication devices
and such or just basic?
COUNCIL MEETING 28 APRIL 23, 2014
Mr. R. Rosa: Yes, it is a basic office. We have a desk and
the computers that we can link up to Lihu`e and the County system. As far as our
communications, we have a telephone and portable radios. So, that is sufficient.
Mr. Kagawa: Thank you.
Chair Furfaro: Other questions members? No? If not,
Captain and to the Attorney's Office, thank you for being present. Any other
testimony?
The meeting was called back to order, and proceed as follows:
Chair Furfaro: We have a motion on approval. This will be
a simple voice vote or...voice vote will be sufficient.
The motion to approve C 2014-126 was then put, and carried by a vote of
6:0:1 (Mr. Bynum was excused).
Chair Furfaro: Next Legal Document, please.
C 2014-127 Communication (03/31/2014) from the County Engineer,
recommending Council approval of a Right-of-Entry Agreement with Association of
Apartment Owners of Lae Nani, Inc., for the purpose to allow maintenance of an
existing drainage system that crosses the Lae Nani property, situated at Tax Map
Key (TMK) No: (4)4-3-02:10.
• Right-of-Entry Agreement
Ms. Yukimura moved to approve C 2014-127, seconded by Mr. Rapozo.
Chair Furfaro: I have a motion to approve and a second
from Mr. Rapozo. Do we have any discussion on this item or need anybody to come
up on the Right-of-Entry? Any further discussion?
The motion to approve C 2014-127 was then put, and carried by a vote of
6:0:1 (Mr. Bynum was excused).
Chair Furfaro: Moving right along to the County Clerk.
COMMITTEE REPORTS:
PUBIC WORKS / PARKS & RECREATION:
A report (No. CR-PWPR 2014-03) submitted by the Public Works / Parks &
Recreation Committee, recommending that the following be Received for the Record:
"PWPR 2014-03 Communication (04/09/2014) from Council Chair
Furfaro, requesting the presence of the County Engineer, to provide an
update on the scope-of-work and future plans for Pouli Road,"
Mr. Rapozo moved for approval of the report, seconded by Mr. Chock.
Chair Furfaro: Discussion? Anyone wanting to testify on
this Committee Report?
COUNCIL MEETING 29 APRIL 23, 2014
There being no objections, the rules were suspended to take public testimony.
There being no one to provide testimony, the meeting was called back to
order, and proceeded as follows:
The motion for approval of the report was then put, and carried by a vote of
6:0:1 (Mr. Bynum was excused).
FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY /
SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION
DEVELOPMENT/ OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE:
A report (No. CR-FED 2014-21) 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. 2534 — 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
HAWAI`I, FOR THE FISCAL YEAR JULY 1, 2013 THROUGH
JUNE 30, 2014, BY REVISING THE AMOUNTS ESTIMATED IN THE
GENERAL FUND AND SOLID WASTE DISPOSAL FUND (Solid Waste
Disposal Fund, Solid Waste Recycling— Other Services - $700,000),"
Mr. Kagawa moved for approval of the report, seconded by Mr. Rapozo.
A report (No. CR-FED 2014-22) 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 the Approved on second and final reading:
"Bill No. 2535 — 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
HAWAI`I, FOR THE FISCAL YEAR JULY 1, 2013 THROUGH
JUNE 30, 2014, BY REVISING THE AMOUNTS ESTIMATED IN THE
GENERAL FUND AND SOLID WASTE DISPOSAL FUND (Solid Waste
Disposal Fund, Solid Waste Disposal— Other Services - $500,000),"
Mr. Kagawa moved for approval of the report, seconded by Mr. Rapozo.
A report (No. CR-FED 2014-23) 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:
"Bill No. 2536 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
HAWAI`I, FOR THE FISCAL YEAR JULY 1, 2013 THROUGH
JUNE 30, 2014, BY REVISING THE AMOUNTS ESTIMATED IN THE
GENERAL FUND (Department of Finance —Administration, Special Projects
—Kauai Humane Society (Cat Licensing Fees) - $10,000),"
COUNCIL MEETING 30 APRIL 23, 2014
Mr. Kagawa moved for approval of the report, seconded by Mr. Rapozo.
Chair Furfaro: I have a motion and a second. Mr. Dill, is
this one (1) of the items you are here for if there is any questions? Questions from
anyone from Solid Waste? Any questions from the public?
The motion for approval of CR-FED 2014-21, CR-FED 2014-22, and
CR-FED 2014-23 was then put, and carried by a vote of 6:0:1 (Mr. Bynum
was excused).
Chair Furfaro: Very good. Next Committee Report, please.
Mr. Watanabe: We are done with Committee Reports, Chair.
We are on Resolutions.
Chair Furfaro: Oh, I see. I am sorry. Yes, okay.
RESOLUTIONS:
Resolution No. 2014-16 — RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2014 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED
Chair Furfaro: Excuse me, Mr. Clerk. We are still waiting
for Housing. They are not here. So, why do we not go to Resolution No. 2014-26
and Resolution No. 2014-28? I see the County Engineer and his staff here, but I do
want to tell them, Larry, I think you will have to come back this afternoon for the
other items. So, let us read those items.
Resolution No. 2014-26 — RESOLUTION ESTABLISHING CROSSWALKS,
BUS STOP, SHARED-USE PATHS, ONE-WAY TRAFFIC LANE, AND
INTERSECTION MODIFICATIONS ON `EIWA STREET, LIHU`E DISTRICT,
COUNTY OF KAUAI: Mr. Kagawa moved to adopt Resolution No. 2014-26,
seconded by Mr. Chock.
Chair Furfaro: Okay, I have a motion and a second.
Mr. Kagawa moved to amend Resolution No. 2014-26 as circulated, as shown
in the Floor Amendment which is attached hereto as Attachment 1, seconded
by Ms. Yukimura.
Chair Furfaro: Lyle, are you and the Building Department
going to come up and make a presentation here? You have the floor.
There being no objections, the rules were suspended.
LYLE TABATA, Deputy County Engineer: Chair, thank you. Lyle
Tabata, Deputy County Engineer, members. Doug Haigh, who is the project
manager for our Hardy Street/`Eiwa Street construction, is here to do a
presentation.
COUNCIL MEETING 31 APRIL 23, 2014
DOUGLAS HAIGH, Chief of Buildings: Good morning, Doug
Haigh, Building Division, Department of Public Works. I apologize for having it out
of order to your order, but I have prepared a presentation for the Hardy Street and
`Eiwa Street Traffic Resolution jointly because they are somewhat related and very
similar. I will start with Hardy Street if that is okay. The reasons for the Hardy
Street Traffic Resolution. We are looking at safety improvement, implementation of
complete street modifications, partial implementation of Lihu`e Civic Center Site
Improvements Master Plan, and the Lihu`e Town Core Plan.
(Mr. Chock was noted as not present.)
Mr. Haigh: This is just a picture of the Lihu`e Civic
Center Master Plan. The Hardy Street traffic Resolution covers the Hardy Street
section of this plan and we are incorporating the roundabout that was identified in
that Master Plan and the enhancements on the street with landscaping and bike
lanes, that sort of thing. I will get into that specifics in a minute. The Lihu`e Town
Core Urban Design Plan. Similar. They called for new sections on Hardy Street
showing both landscaping, travel lanes, bicycle lanes, and pedestrian lanes, full
access for many. The changes that are covered in the Hardy Street Traffic
Resolution are added crosswalks, added reverse angle parking, added bicycle lanes,
and an added roundabout.
(Mr. Chock was noted as present.)
Mr. Haigh: What I have done is I have divided Hardy
Street into three (3) sections to kind of show you the specific improvements. We are
adding a crosswalk at the driveway entrance here close to Kuhio Highway on Hardy
Street, slightly relocating an existing crosswalk, and then we have added new
crosswalks at Akahi Street and actually opening an entrance into our parking lot at
Akahi Street. A crosswalk at `Eiwa Street. We have added bicycle lanes for all of
Hardy Street, a crosswalk at the driveway to the State building, and a crosswalk at
Eula Street, and then we have the roundabout. Moving forward, we have added
crosswalks at the roundabout, crosswalk at the entrance to Elsie H. Wilcox
Elementary School, a crosswalk at the other side of Elsie H. Wilcox Elementary
School, and a crosswalk at Ka'ana Street. Then, a new crosswalk at Malae Street,
and a crosswalk at the Kaua`i War Memorial Convention Hall driveway (both
driveways). So, those are the items that are covered within the Traffic Resolution
submitted today. I am ready to move onto `Eiwa Street. If you want to ask
questions about Hardy Street I can wait or I can do it when I am done, whichever is
your preference.
Chair Furfaro: (Inaudible). Okay, you got it?
Mr. Haigh: Okay, thank you, Chair.
Chair Furfaro: Finish your presentation and then we will
ask section by section, and we will vote on the separately.
Mr. Haigh: Understood.
Chair Furfaro: Go ahead.
Mr. Haigh: So, the reasons for the `Eiwa Street Traffic
Resolution. Again, safety improvements, relocation of the bus stop. We are
COUNCIL MEETING 32 APRIL 23, 2014
relocating the bus stop from Hardy Street to `Eiwa Street to reduce traffic to the
Hardy Street/Umi Street intersection and to provide a more central location. We
are including Americans with Disabilities Act (ADA) improvements and we are
implementing complete street modifications. So, the key changes within the `Eiwa
Street Traffic resolution: added crosswalk, relocated bus stop, added shared-use
paths, traffic flow converted to one-way, right turn only from `Eiwa Street to Rice
Street, and no turns allowed from Rice Street to `Eiwa Street. Basically, we are
having shared-use paths on both sides. We are having one-way traffic going from
Hardy Street toward Rice Street. We have a new crosswalk, which is providing
access to the Historical County Building, a more direct access to the Historical
County Building. Now, this crosswalk up here is actually being added, but that is
part of the Hardy Street Traffic Resolution and that is providing the pedestrian
access up there. Then we have the bus pull-out and no parking in the bus pull-out
area. Further continuation, this is that bus pull-out area that you were seeing on
the previous slide. This is an existing crosswalk. It is being modified, but it is
pretty much in the same location and then at the Rice Street/`Eiwa Street
intersection, it will be right turn only from `Eiwa Street onto Rice Street and since it
is one-way, we certainly will not allow any turns from Rice Street onto `Eiwa Street.
That is my brief presentation.
Chair Furfaro: Okay. So, let us focus our questions on
Hardy Street first. I think Mr. Rapozo had questions.
Mr. Rapozo: Thank you, Mr. Chair. On Hardy Street, the
parking on the Kapa'a side of Hardy Street, that is going to be removed?
Mr. Haigh: The parking between...
Mr. Rapozo: The barber shop...
Mr. Haigh: ...Kuhio Highway and Umi Street, yes, it is
being removed.
Mr. Rapozo: And did...I am sorry. Yes, it is hard to tell
by this.
Mr. Tabata: From the map on the screen.
Mr. Rapozo: I can see. I just cannot see. There was
just...
Mr. Haigh: There was not a sufficient right-of-way to
allow the on-street parking, provide bicycle lanes, and sidewalks on the Lihu`e Civic
Center side and our feeling was it was more efficient that we have parking at the
Lihu`e Civic Center site rather than trying to modify the right-of-way to provide
more parallel parking along Hardy Street. It was more efficient to allow the use of
the Lihu`e Civic Center parking to satisfy it, though that area, and also the
individual businesses have their own parking lots in the area also.
Mr. Rapozo: Okay. So, how many stalls did we lose or
will lose?
Mr. Haigh: I do not have that memorized.
COUNCIL MEETING 33 APRIL 23, 2014
Mr. Rapozo: This is the entire...from Kuhio Highway all
the way to I guess, Elua Street. I think this whole stretch, the lots are gone.
Mr. Haigh: Correct.
Mr. Rapozo: The stalls. I am not sure if during the
Community Meetings if...was that portrayed to them?
Mr. Haigh: Absolutely, it was, and actually, there were
no questions or concerns brought up about that parking.
Mr. Rapozo: Okay.
Mr. Haigh: And we did express that we do have the
Lihu`e Civic Center parking lot.
Mr. Rapozo: Yes, but I mean, it is not that many, but I do
not know what the capacity of the Civic Center parking lot is as we expand the
offices here. It is already a problem parking at the Civic Center.
Mr. Haigh: And there is a parking study coming up on
the Civic Center. That was kind of briefly discussed the last time we were here at
Council.
Mr. Rapozo: Okay.
Chair Furfaro: I am going to go to Mr. Kagawa and then to
you, JoAnn. Mr. Kagawa, you have the floor.
Mr. Kagawa: Thank you, Chair. Thank you for your
presentation, for your work on these improvements. You folks have had
Community Meetings, right?
Mr. Haigh: That is correct. We have had two (2) recent
Community Meetings. One was the evening of the last time we were here several
weeks ago.
Mr. Kagawa: What was the attendance like with
residents?
Mr. Haigh: My memory is about maybe thirty (30)
people.
Mr. Kagawa: How much of those were business? Not sure?
Mr. Haigh: I think it was primarily residents.
Mr. Kagawa: Just residents?
Mr. Haigh: Yes, I did not take a count between business
and residents.
Mr. Kagawa: I have a similar concern with
Councilmember Rapozo regarding, I think, they knew that improvements were
COUNCIL MEETING 34 APRIL 23, 2014
being done, but they perhaps were like us. They were not I guess, known with the
details of the plans to take away parking, those parallel parking stalls where they
cut hair. It can take a half an hour and be able to leave, but are we encouraging
them to park at the Civic Center then?
Mr. Haigh: Well, almost all of the businesses already
have private parking lots on the Kapa'a side.
Mr. Kagawa: I understand that, Doug, but when they...
Mr. Haigh: And we also have our Civic Center parking
lot.
Mr. Kagawa: But Doug, a lot of these buildings, when they
built those buildings the on-street parking was there and they did not build it
thinking that those parking stalls would be taken away. I am just saying that. The
dynamics change as we accommodate bikes and pedestrians and forgo parking
stalls. There is people that are going to be impacted and for businesses, when
customers lose parking stalls, that is a concern. We have to I guess hear them. So,
we have not really gotten any concerns brought up by the business owners
alongside?
Mr. Haigh: No, we have not. We have been providing
notice to the businesses of the public meetings.
Mr. Kagawa: And if they are short of parking, what we are
saying is that if your customers do not have stalls to go to your businesses, that
perhaps the Civic Center parking lot, if there is available stalls, maybe use for
your...
Mr. Tabata: They are being able to use now. There is no
change. That was always available to them.
Mr. Kagawa: Alright.
Mr. Haigh: And we are only talking about eight (8)
parking stalls along this stretch that we have not been able to accommodate within
the road right-of-way. So, we have lost eight (8). Oh, eleven (11).
Mr. Kagawa: Yes, I know that we can say, "Only eight (8),"
but those eight (8) are always pretty much, during the business day, they are
always used. So, it is eight (8) important stalls and we cannot just say that is just
eight (8). So, now that goes to my next question. Remember when I talked about
the Civic Center parking lot plan? We even considered closing `Eiwa Street because
we foresaw I guess, a shortage of parking stalls. I asked you folks at the last
meeting. I love the greenery, I love the trees, and I love the planters. It makes it
look a lot nicer, but if our goal is that there is going to be a shortage of parking,
then perhaps eliminating those planters and what have you, may be what is best to
solve our problem.
Mr. Tabata: So, Councilmember Kagawa.
Mr. Kagawa: Yes.
COUNCIL MEETING 35 APRIL 23, 2014
Mr. Tabata: As Doug mentioned earlier, we have a
parking study being funded by Smart Growth America. It is scheduled for May. We
will get you on the invite list to attend this and make sure you attend so that you
can be part of our process. These comments can be taken into consideration as well
as looking at the...it is not only for this area, but the entire Lihu`e Civic Center and
the Town Core. So, we will be extending from Rice Street all the way down to the
end of where Hardy Street reconnects with Rice Street.
Mr. Kagawa: Well, I guess in my response is that I accept
your invitation, but I just want to make sure that we do not have all of these
changes happening to the Lihu`e area and we just place an item on the agenda one
(1) meeting and the community...we may approve this Resolution and the
community may come up after that and say, "What are you folks doing?"
Mr. Tabata: No, I disagree. We have been putting out
ample notices as Doug had mentioned, we have had two (2) Community Meetings,
and this project is over eight (8) years old.
Mr. Kagawa: Well, I am just saying that thirty (30) people
to me, is not the whole community.
Mr. Tabata: For this last meeting and the meting
previous to that we had more than thirty (30). So, I feel that we have done quite a
bit to notify the public and we have sent out multiple notices.
Mr. Kagawa: No, I understand.
Mr. Tabata: I think that we have had...
Mr. Kagawa: I understand you folks are doing your part
to...
Mr. Tabata: We have had a lot of comments come back
and in the last meeting, the result of the first meeting, we had a chart showing all
of the response to comments that were made previously and there was a lot of
discussion and positive discussion also.
Mr. Kagawa: Well, yes, no doubt about there is going to be
a lot of people for it and I believe at some point there may be a lot of people against
it when it comes to fruition, but the fact of the matter is I really feel more
comfortable because I think a lot more people watch channel 53 than look at the
public notices coming through their mail about when meetings are. I really feel like
if we had a public hearing process or if we had gone to Committee and given the
community a week to watch the television and to see what the changes are, that we
perhaps may be more comfortable with our final vote on the Resolution instead of
just putting it on for one (1) week. A lot of people in the Lihu`e area, a lot of the
businesses really are not inclined as to know exactly what is being proposed and I
am just saying if it is not a rush then let us wait. Let us give people a chance for at
one (1) of two (2) weeks to watch the show and know that may have concerns and it
may be true that what you are feeling, that there is no concern out there. That
would make me feel better.
Mr. Haigh: Just for clarification. We did present this
plan two (2) weeks ago to this body and so it was broadcast two (2) weeks ago, I
COUNCIL MEETING 36 APRIL 23, 2014
believe it was when we came to this body and that was Lee, our Transportation
Planner, did an update and included all of these improvements in that.
Mr. Kagawa: Well Doug, I just want to point out the big
difference. A presentation and a Resolution that actually puts everything into
motion is a big difference. So, when they see it is a plan they will say, "Oh, okay,
well, it is not happening now," but when a Resolution is passed it actually says that
the County is going in this direction. All I am saying is perhaps going to Committee
and giving the public at least another week to finally have this place in action is
maybe a better deal. So, we will see that the Council body thinks. Thank you,
Chair.
Chair Furfaro: Let me ask you and Lyle a question. First of
all, I think that meeting was a week ago, not two (2) weeks ago in Committee.
Mr. Haigh: I thought we presented to full Council.
Chair Furfaro: Was it two (2) weeks ago?
Mr. Haigh: Yes.
Chair Furfaro: It was not in Committee? Okay. Then the
comments and discussions that you had with the public, do you have some of those
available to us.
Mr. Haigh: We can absolutely make them available.
Chair Furfaro: I would like to see those in the future just
simply from the standpoint of knowing that the community feedback is in their
particular area. Some of us kama aina to the West Side, some of us kama aina to
the North Shore and we do not know the particulars until we hear the commentary
that comes from a public hearing. So, could you prepare that for us?
Mr. Haigh: Absolutely. The consultant design build
contractor is preparing those. I believe they should be ready by now. They were not
ready last week, but they should be ready by now.
Chair Furfaro: Would you agree that it might be fair and
reasonable to be able to have those kinds of things on a major transportation issue
available to the Council before you are asking us to vote on a Resolution?
Mr. Haigh: Um...I do not disagree with you, but this is
an item that...
Chair Furfaro: Let me clarify the question again. Do you
not think it would be fair and reasonable to give us some notes from what was
happening in the questions?
Mr. Haigh: Absolutely.
Chair Furfaro: I was not asking...quite frankly, I do not
need your approval how I vote. I want to know if you think having the feedback
was fair and reasonable. I was kind of thinking if it was a week ago. That might
have not been enough time to prepare them, but it was two (2) weeks ago. I
COUNCIL MEETING 37 APRIL 23, 2014
certainly would like to see what kind of questions come up. Let me ask you, on the
roundabout planned for out here on Hardy Street, is that for two (2) cars or is it a
single car roundabout?
Mr. Haigh: It would be a single lane roundabout.
Chair Furfaro: Single lane roundabout, okay, because there
are some roundabouts that are two (2) car and that actually takes some public
education on how to navigate those. Okay, Joann, you have the floor.
Ms. Yukimura: Yes, thank you. I will start off with the
subject at hand, which was removing of parking. That is the parking that is
along...in front of our Civic Center parking, both sides?
Mr. Haigh: Well, there is no formal parking on this side
at this point, and then there are formal parking stalls on this side.
Ms. Yukimura: Oh I see, but the informal parking will be
removed too because...
Mr. Haigh: That is correct.
Ms. Yukimura: So, is it also including in front of the State
building?
Mr. Haigh: Yes.
Ms. Yukimura: So, it is more than eight (8).
Mr. Haigh: Yes. In front of the State building, again,
that is an informal parking. Well, in fact, the original plan for this which started
fifteen (15) years ago, included even before we were looking at complete streets, was
going to puts those parking all in front of the State building because that as
consider unsafe, that parking there.
Ms. Yukimura: I am surprised that it is informal parking
because it is actually diagonal parking.
Mr. Haigh: It has never been striped and never been
accepted by the County of Kaua`i as approved parking because it was considered
unsafe to have that type of diagonal along Hardy Street, which is a collector road,
because you have the unsafe exist from a diagonal parking the way it currently is
because basically you are backing into a travel lane with no visibility.
Ms. Yukimura: No, I agree that is it not safe or easy
especially because that street gets so congested.
Mr. Haigh: Then what we have done, of course, is we
have been able to incorporate some of that parking here in the reverse angle
parking, which is a much safer way of handling diagonal parking.
Ms. Yukimura: Okay, but I would say you would be
eliminating about thirty (30) spaces, informal and formal.
COUNCIL MEETING 38 APRIL 23, 2014
Mr. Haigh: I have not done a count.
Ms. Yukimura: Well, I mean, I think it is kind of important
to know because it will impact the people who use those parking spaces and I agree
with the plan, but it is this thing about giving notice. So, all of those cars that park
in front of the State bulling, where are they expected to park now? I do not know if
you call it in front, but on Hardy Street.
Mr. Haigh: Well, we are hoping that the State is going to
move forward with the old police station site with their plan there because the State
has been not all that responsible in taking charge of their parking.
Chair Furfaro: Thank you on that comment. If I can, is the
State involved with the cost of this because immediately when we striped `Eiwa
Street the beneficiaries were the State. When I come in the morning, all of those
parking is State employees. Are they participating in any way, shape, or form of
the planning of this parking?
Mr. Haigh: We are including...
Chair Furfaro: Excuse me, JoAnn.
Mr. Haigh: ...the State in discussions of the Hardy
Street improvements. In fact, we are acquiring this parcel here with approval of
this Council, by Executive Order, this diagonal parking here to include in our road
right-of-way. So, the State, Department of Land and Natural Resources (DLNR)
and Department of Accounting and General Services (DAGS) and very well-aware of
the improvements. Now, as far as their proactive planning to take care of their
parking needs, I cannot answer that.
Chair Furfaro: But did I just hear you say, "We are
excluding the State from being involved in this?"
Mr. Haigh: No. We have included the State in the
planning process and we actually had their approval to get an Executive Order to
acquire and establish these reverse diagonal parking stalls. So, they are very
well-aware that we are eliminating these informal parking stalls along this section
of Hardy Street.
Chair Furfaro: So, we are inclusive for them for the
planning, but we are exclusive for them to contribute?
Mr. Haigh: Well, when we talk about the State, this is a
Federal Highway funded project, the Federal Highway funds are administered by
the Hawai`i Department of Transportation, and Hawai`i Department of
Transportation has been very supportive of this project. So, we are...I would say
that the State certainly, the Hawai`i Department of Transportation, has been very
supportive and they are the ones who are helping us obtain the Federal Highway
funds.
Chair Furfaro: Is there any portion of this that is County
money?
COUNCIL MEETING 39 APRIL 23, 2014
Mr. Haigh: Yes, twenty percent (20%) of this project is
County funds.
Chair Furfaro: Very good. Is there any portion of this that
is Federal money?
Mr. Haigh: Eighty percent (80%) of the project is Federal
money.
Chair Furfaro: So, at Waianae Elementary, I learned that is
one hundred percent (100%). Is there any money that is coming from the State?
Mr. Haigh: The State is not contributing any cash funds
to this project.
Chair Furfaro: Thank you, you answered my questions.
JoAnn. We need to take a caption break? Okay. Sorry. We are going to take a ten
(10) minutes caption break.
There being no objections, the Council recessed at 11:10 a.m.
The meeting was called back to order at 11:24 a.m., and proceeded as follows:
(Ms. Yukimura was noted as not present.)
Chair Furfaro: A couple of quick summary questions before I
give the floor back to JoAnn here. What is the status of parking in this area right
now as it relates to who pays and who has free parking?
Mr. Haigh: The County of Kaua`i does not have any paid
parking. The State...
Chair Furfaro: That I can figure out by looking at our
revenue sheet. That is my point.
Mr. Haigh: Okay. The State of Hawai`i, I believe,
provides parking to employees requiring them to pay.
Chair Furfaro: Thank you.
Mr. Haigh: And the parking lot underneath the State
Office building. I believe that is there, and then I believe they have coin meters on
their half of the parking lot on the north side of this building.
Chair Furfaro: I just want to use that to point out the fact
we have kind of this double standard here about parking stalls. With stalls that are
intended for the State staff, that they have these options where they go to the
basement or to the meters where they pay, but each time we add parking over here
people look at that and they say, "Oh, but in the County facilities, the parking is
free." So, we have those inequities there. They exist. They have to be thought
through. Then I know Mr. Rosa had a plan and I think I have seen it once, that it is
available to you folks and it talks about left hand turns in this area. Was that
shared with the consultants?
COUNCIL MEETING 40 APRIL 23, 2014
Mr. Haigh: I am not familiar Mr. Rosa's proposal.
Chair Furfaro: Okay. None of you were there in this time
frame that I am referring to? Okay. I would like, because his addressed two (2)
very particular concerns with the community and that was pedestrian safety and
the left hand turns. Those were the two (2) big issues and I would ask you if you
could look for that document that was submitted for, and it might have ended up
with the consultant, if you could. Then third, with the moneys that we do not get
any money from the State on the cost of the stalls, but we do get cooperation. I do
not know what kind of dollar value to put on cooperation, but with this parking
grant and study that is coming up, does any part of that consider double-decker
parking for Lihu`e as the central parking area and does that plan have any chances
of getting Federal funding, State participation, and County participation, and of
course, it needs to be recognized that something like that in Lihu`e needs to be
really handled and landscaped well with the State flower, the State fern, the lawai`i
fern.
(Ms. Yukimura was noted as present.)
Chair Furfaro: Is any of that in the study?
Mr. Haigh: Okay.
Chair Furfaro: Because we do have this...we have a double
standard here, some pay, some do not. We add, people move. They end up with
empty stalls. How are we looking at this all together?
Mr. Haigh: Well, first to talk a little bit about the
parking and the State parking everywhere and restrictions, we do have an
Ordinance in effect that is not being enforced, which does restrict parking within
the Lihu`e Civic Center. It has restricted parking for County employees. We did
have implemented a permitting system for at least several months in the very early
part of my career with the County of Kaua`i over twenty (20) years ago where we
had to have a sticker. Well, we actually had a plaque or something we would put in
our window and there are some signs that are still up restricting parking only to
County employees. So, we had a system that was implemented for a short time.
Chair Furfaro: Whose kuleana is that?
Mr. Haigh: Excuse me?
Chair Furfaro: And whose kuleana is it to enforce that? If
County employees are supposed to park with stickers, whose Department would
take care of that?
Mr. Haigh: I do not remember exactly how it was
administered.
Chair Furfaro: Can you find out for me?
Mr. Haigh: Yes, it is within the Ordinance. So, that for
a short time. Now, Lihu`e Civic Center Site Master Plan includes parking
structures.
COUNCIL MEETING 41 APRIL 23, 2014
Chair Furfaro: That is what I thought.
Mr. Haigh: Yes, and there is a parking structure over by
where Planning is now, by the Kapule Building. That was one (1) designated
parking structure area and then another one was...actually it was not. It was below
grade parking between the Pi`ikoi Building and the Historical County Building with
a garden on top similar to City and County of Honolulu.
Chair Furfaro: You choose garden, I choose hibiscus and
lawai`i fern.
Mr. Haigh: Okay.
Chair Furfaro: So, there is something planner there, right?
Mr. Haigh: Yes. Okay, then, with the relocation of the
bus and the establishment of a transportation hub there, we were looking at that
and part of one of the reasons why that was of interest because it would be possible
to link a parking structure as part of that transportation hub.
Chair Furfaro: Sure.
Mr. Haigh: And therefore, you might possibly be able to
get Federal Transportation Administration (FTA) funds to help with the parking
structure.
Chair Furfaro: Sure.
Mr. Haigh: Now how likely, how easy they are, and how
available they are going to be, but that was part of the thinking that we had. This
was a group, Planning, Public Works, and Transportation meeting and discussion
the bus stop, where to locate the transportation hub. So, in that meeting that was
one of the items that helped spark the entrance. Yes, it makes a lot of sense
because we know it would be very difficult for the County to take the burden of
financing a parking structure for the Civic Center.
Chair Furfaro: That was not my question, Doug.
Mr. Haigh: Right.
Chair Furfaro: My question was not for us to take the
burden, to have a plan that we can go to the Feds and the State and say, "Look, we
have some shared value here." I say that plan fourteen (14) years ago when I was
on the Council. Now, fourteen (14) years ago, my life was different. I ate Frosted
Flakes, now I do not. I eat corn flakes and so forth. Life changes, but what
happened to the plan?
Mr. Haigh: Like I said, by bringing the transportation
hub in, it made it potential Federal funds because otherwise we did not know of any
other Federal program that would help fund the parking structure. Cleary, Federal
Highway Administration funds would not fund a parking structure. So, I was
trying to explain that by bring the bus stop in and creating the transportation hub,
brings in the possibility of Federal funds.
COUNCIL MEETING 42 APRIL 23, 2014
Chair Furfaro: Very good. That, you did not get to, you did
not highlight that, and that is a big part of this because the Federal money for us to
go after is in having a transportation plan and if we have a transportation plan that
focuses on Lihu`e having a hub in the middle of the business district, in the middle
of the government district with State activities here, County activities here, historic
activities here, it seems to me that we would be able to get some money for this
parking structure. Who is pursing that?
Mr. Haigh: Right now, we are pursuing trying to create
this bus stop, would be the beginning of the hub. That is what we are pursuing
with this Council partly today. As far as future grants, first we are looking at doing
this parking audit so we really have a better understanding of what our needs
actually are because it has been at least, like you said, we used to have Frosted
Flakes. It has been ten (10) years since we have done a detailed analysis of the
parking in this area when we did the Lihu`e Civic Center Site Master Plan. So, now
we are looking to get an updated parking audit done and then I think that would be
a very good starting point from there to start. Once we do that audit, better define
needs, and how are we going to meet these needs?
Chair Furfaro: Very good, and here it takes me the Chair, to
probe and ask those kind of historical questions to get us to the point that you
should have told us from the beginning, the whole vision, the parking structure, the
hub, the government, the central business district, and so forth. I did not see in any
of the presentation.
Mr. Haigh: I tried to touch on it when we were here
several weeks ago when I mentioned that relocating the bus stop was providing us
access to more Federal funds, but not as adequately.
Chair Furfaro: Access to more Federal funds could mean
many types of Federal funds. Specifically transportation funds that are tied to
having transportation hubs. Thank you. JoAnn.
Ms. Yukimura: So, were you referring to a plan by the State
to put parking on the old Police Department site?
Mr. Haigh: I did mention that the State does have...I
have talked with people in the State government who mentioned that was their
plan for the Police site.
Ms. Yukimura: Just a single level parking like a parking lot?
Mr. Haigh: I think that was a temporary condition they
were looking at. I am not sure.
Ms. Yukimura: But if it is temporary, are they thinking of a
parking structure there?
Mr. Haigh: I do not believe they had specific plans for
that at this time.
Ms. Yukimura: Well, I mean, if they are planning it, that
has to be part of the parking plan for Lihu`e. I do not personally believe that is the
best use of that piece of property and I would be very interested in seeing what the
COUNCIL MEETING 43 APRIL 23, 2014
results of our parking survey are because that will give us like you said, Doug, a
much better handle in terms of what our needs are and what some of the
opportunities may be. So, it is kind of a moving landscape right now. Coming back
though to...can we put that back up on? Hardy Street, I think certainly a piece of
this proposal that you have before us and the Resolution that is before us, we have
to be aware of what the impacts will be and it is...I do not know what the net
parking is. That is something I think would be of interest to us. If you are saying
you are creating some parking in that little corner close to the roundabout, but are
eliminating parking on both sides of Hardy Street between the existing entrance to
the Civic Center parking and to the roundabout, right? That is basically what we
are doing?
Mr. Haigh: That is correct, expect we are providing some
reverse diagonal parking before the roundabout.
Ms. Yukimura: But what is the net parking? Of the ones
you are eliminating and the ones you are providing, what is the net parking spaces
available of negative?
Mr. Haigh: Let us see. If you count all of the informal
ones in front of the State building, that certainly is negative.
Ms. Yukimura: Right. Yes, and so...
Mr. Haigh: But what you have to realize is we are
following up on Resolutions and laws from the State that it is important to
implement to complete streets. We are talking about a collector road. Hardy Street
is a collector road. There is not adequate right-of-way to provide on-street parking
safely.
Ms. Yukimura: I am not asking you to do that. I am not
complaining at all.
Mr. Haigh: Okay.
Ms. Yukimura: I am just wanting to know what is going to
happen and therefore help us anticipate the impacts, that is two (2) things. One is
Councilmember Kagawa's interest in making sure people know what is happening.
So, we would let these people who normally park there know that that is going to be
gone and where there are alternative sites for parking. That is what I want to
know. Where would they then be able to park? One of them is the Civic Center
parking lot and I do not know. The State has underground parking in their State
building. I do not know how much parking there is. There are empty stalls. We
can look right outside here. There are empty stalls. So, if we can assure people you
will have a place to park, that will allay a lot of concerns and we can proceed
successfully with your proposal, which is what I want to see happen, but it is the
process of getting there that I think we are concerned about and for that, we need to
know data and we need to let people know.
Mr. Tabata: So, we have passed the contractor who is in
charge of the project, is a design build project, and has sent flyers out to the
neighborhoods prior to each meeting...
Ms. Yukimura: Right.
COUNCIL MEETING 44 APRIL 23, 2014
Mr. Tabata: ...to attend our meeting and they have sent
additional flyers out, I believe, informing when construction, but I am not sure if
they have sent out to everyone the design.
Ms. Yukimura: Right.
Mr. Tabata: But we invited them to the Community
Meetings to look at the design.
Ms. Yukimura: So, that is the point, I think, that you are at
the level where I think we have to have more specific communication. It is no
longer come to the meeting. It is parking will be eliminated on Hardy Street, but do
not fear, there will be parking over here for your needs. Something like that, and if
you have any questions, please call somebody so that there is just this transition
relationship and outreach that will help people feel better about the change that is
coming.
Mr. Tabata: Okay, thank you. We will definitely try and
relay that to the contractor.
Ms. Yukimura: Yes, okay. Thank you because I think it will
make things go better. So, now, I just want to understand. I do understand I think
now the parking issues. In fact, you have already created additional parking on
`Eiwa, but some of that is going to disappear with this plan too because you are
creating bus stops.
Mr. Haigh: Correct.
Ms. Yukimura: Right, but there is still a lot of parking in
this area, right?
Mr. Tabata: Yes.
Ms. Yukimura: And I do not if you have come to any
conclusions about closing off or what happens with this parking area, but the other
day, I saw a car go right down this street, cross the street, and go into the parking
lot in this kind of zig-zag process. So, people are using this passageway to get into
that parking lot. Now, that might change because you are going to have this Akahi
Street coming straight into the parking lot as another way. I think that is going to
be better. It feels better, but see, that is all the things we are all trying to get our
arms around so we will know what the new way is going to be.
Chair Furfaro: Let us give the floor to Mr. Rapozo.
Mr. Rapozo: Thank you, Mr. Chair. Actually, I have a
process question. My intent is to make a motion to refer this to the Public Works /
Parks & Recreation Committee Meeting next week so we can have the discussion. I
know one of the things I am looking at is probably better maps that can really show
those areas as opposed to this aerial or whatever you call it. It is very hard to...the
only way I really found out and I understand this project is old and I know this was
here a week or two (2) ago, but I remember discussing a lot about the `Eiwa Street
improvements. I do not believe we discussed the Hardy Street. It was only when I
went to cut my hair. Really, I mean, that is where it was shown. The barbers, the
COUNCIL MEETING 45 APRIL 23, 2014
owners, has some concerns that they are going to lose the parking. That is my
intent and if...
Chair Furfaro: It might be a good idea to do both of them,
refer both to Committee.
Mr. Rapozo: That would be my suggestion and we can
have any questions go over to Public Works and Buildings. Again, really, I think
you already asked for the comments because I am really interested in knowing what
the Lihu`e residents not outside of Lihu`e. It does not really matter, but the Lihu`e
residents that are going to be impacted as well as the maps, and then the only other
question I had which can be answered next week, was would it make sense to get
the parking study done first? I think JoAnn brought up a lot of good comments
about the available stalls. The old Police station, the information I got which I
would not say it is new information, but the last I heard is that they were going to
bring all of DLNR over there. So, I am not sure what the State plans to do, but that
may be an opportunity for us to get that under Executive Order and create a
parking structure there. I am not sure. So, if there is no opposition or objection,
rather than have the ongoing dialogue here in the Council, I would definitely make
the motion to refer.
Ms. Yukimura: Can I ask a process question?
Chair Furfaro: You can ask a process question.
Ms. Yukimura: I just want to know what your timetable is
and whether a two (2) week delay...
Mr. Tabata: Exactly. That is a very good question. We
are somewhat pressed to be able to accommodate the contractor to accommodate the
elementary school and the traffic that would result negatively if we do not give
them the window during when school is out, which will be in a few weeks. I think
six (6) more weeks.
Chair Furfaro: So, two (2) weeks will not matter.
Mr. Tabata: We want to give them time to complete their
plans to implement in six (6) weeks.
Ms. Yukimura: So, if we refer back to Committee next week
and...
Chair Furfaro: It will be two (2) weeks before it is back at
the Council.
Ms. Yukimura: ...and then move it back on the Council on
the following week, that is a two (2) week delay. It should be prior to school getting
out by about a month, I think. So, could that work because your main goal is to
have the contractor be able to start as soon as school ends and summer begins?
Mr. Haigh: Well, we are moving forward on existing
design build construction contract and we are just now giving them back the fifty
percent (50%) design comments. So, they are going to be moving forward with final
design. They have asked for special permission to start in the school area based on
COUNCIL MEETING 46 APRIL 23, 2014
fifty percent (50%) design because of trying to secure this week. So, two (2) weeks
will not directly impact the start in the school area, but we will be moving forward
somewhat at-risk because we are going to be having them move forward with final
design that is critical for the project and meeting the timelines for the project. So,
that is a risk we are taking. Right now, Federal Highway and Hawai`i Department
of Transportation (HDOT) are even more critical on our timely completing of
projects.
Chair Furfaro: Well, then you are too late coming to us.
Excuse me, you are too late coming to us. If you cannot sit there and tell me that
you can give us information that does not put us in this position, then I am sorry.
You need our position. You need our authority. Now here is the question and I am
not going to have any more dialogue on this anymore, we either are going to refer
this to May 7th Committee with a follow-up on May 14th Council and I expect in the
Committee as you are talking out risk, you would be able to tell us on the 7th what
the risks are. What are those risks because I am not prepared to vote on this
Resolution? I am not prepared to vote on these things. So, let us go over there and
figure it out here. If the contractor is over here and the tail is wagging the dog,
then I can going to have a cat. I am having a cat fit right now. JoAnn.
Ms. Yukimura: I think it is in the cards to refer and I am
thinking that you folks are able to probably handle that. There will be some risk,
but maybe there is different parts they can start on that are not at risk. I want to
ask if we can convey to the contractor a possible outreach process where they
actually make flyers and put them on all of the cars over here that says we have a
plan that is going to do this, but there will be other parking elsewhere. So, we get
the fill input and then we move ahead with eyes wide open. That is just my request
before we start to refer this.
Chair Furfaro: This meeting, JoAnn, stated with me asking
them the question, what is fair and reasonable to the Council? I am telling you now
this is not fair and reasonable to us and then to lay out on the table oh, we have to
take out certain risk, what are the risks so that I can measure the risks? May 7th,
May 14th, that is what we can work with. To answer JoAnn's question, can we have
an idea of what those risks are when we get into Committee on the 7th? I am
looking for an acknowledgment, not by shaking your head.
Mr. Haigh: Yes.
Chair Furfaro: Yes or no? Thank you.
Mr. Haigh: Your request is very reasonable and we will
respond appropriately.
Chair Furfaro: Thank you. JoAnn, you have the floor.
Okay, so now, rather than carry this thing on, if there is going to be a motion to
refer these two (2) items to Committee on May 7th, I would like to see that motion
made. May I also at the same time ask because of time, if I could make sure there
is people in the audience that would hold their testimony until this comes back on
May 7th, if that could be executed, I would appreciate it very much. I see Joe okay
with that. Very good. I am looking for a motion.
There being no objections, the meeting was called back to order, and
proceeded as follows:
COUNCIL MEETING 47 APRIL 23, 2014
Mr. Watanabe: Okay, we are on these two (2) Resolutions.
Chair Furfaro: Yes.
Mr. Watanabe: Resolution No. 2014-26 and Resolution
No. 2014-28.
Mr. Rapozo: Mr. Chair?
Chair Furfaro: Mr. Rapozo
Mr. Kagawa withdrew his motion to approve Resolution No. 2014-26.
Ms. Yukimura withdrew her second.
Mr. Rapozo moved to refer Resolution No. 2014-26 to the May 7, 2014 Public
Works / Parks and Recreation Committee Meeting, seconded by Mr. Kagawa.
Chair Furfaro: May I ask if there is an opportunity by
May 7th Committee, that we have a glimpse of what the public comment was at that
time. It would be much appreciated. Further discussion, members? Mr. Kagawa,
then followed by Mr. Chock.
Mr. Kagawa: First of all, I would like to thank the
members of Public Works and Planning who have worked on this complete streets
project. I am in support of doing this plan if it is best for the community. It appears
it is and I just would like to say that this is not to tell you that you folks have not
been doing a good job. This is a huge change from our streets. It has never been
changed for the past sixty (60) years, seventy (70) years and to expect that before
this body you just get a simple approval on these two (2) Resolutions that will
change our streets forever in our biggest hub of Kaua`i, I think, was unrealistic. I
think we can have our questions answered. You have heard Councilmembers. I
think one of the things I am asking for is a better map that shows the current
parking situations along Hardy Street and the proposed. I think that would be
better for me to make my decision. When we approve the closure of `Eiwa Street
there was confidence that well, the public is going to adjust and nobody is going to
be really impacted by the closure of`Eiwa Street and look at today. We are allowing
one-way or right turns. We have changed and we change by watching how the
community reacts to our changes and we have to stay open minded. Thank you,
Chair.
Chair Furfaro: Mr. Chock.
Mr. Chock: Thank you. Everything that he said for sure
is what I was going to say. The only thing I would add is this does not mean that
you cannot continue, that the timeline can still be met. Please move forward, but I
think what we are looking for is to seek more clarity and have a little bit more to
the process so that the community can be involved in it. Thank you.
Chair Furfaro: JoAnn.
Ms. Yukimura: I want to thank you, Lyle, Doug, Mike, and
Larry for all of the work on this. It is hard to be complete street warriors because it
means change and I think you have really tried to do this in a very methodical way
that include the public, but I guess, there is some more input about how we can do
COUNCIL MEETING 48 APRIL 23, 2014
that. It was your idea that we make `Eiwa Street closure temporary so that we
could see how human behavior works with this temporary change and I think it has
given us a lot of valuable information. So, I hope you do not get discouraged and I
think that the extra time will be useful. So, will be voting in favor for referral.
Chair Furfaro: So, gentlemen, I hope what I said to you I am
not that target of being your disappointment or your discouragement. Let me tell
you what, you folks have taken on a very big task here and I am just saying I need
clear understanding of complete streets, what other political subdivisions can
participate in that, what is the financial impact in a very tight financial situation
for us, how we can move it quicker obviously with these design build contracts that
meet the feasibility that the community is expecting, and then execute it. That is a
lot of work. You should be praised for that, but please understand where I am
coming from and I hope I am not your hurdle or you discouragement, but you know
what? When it comes to this kind of things, I want to make sure we have all the
moving parts in place. So, on that, there will be no one that is willing to testify now.
They will hold that until May 7th. Mr. Rapozo made a motion to defer...no, refer
until May 7th to Committee with the understanding that we put it back on the full
Council May 14th. Further discussion?
The motion to refer Resolution No. 2014-26 to the May 7, 2014 Public Works /
Parks and Recreation Committee Meeting was then put, and carried by a
vote of 6:0:1 (Mr. Bynum was excused).
There being no objections, Resolution No. 2014-28 was taken out of order.
Resolution No. 2014-28 — RESOLUTION ESTABLISHING CROSSWALKS,
REVERSE ANGLE PARKING, BICYCLE LANES, AND INTERSECTION
MODIFICATIONS ON HARDY STREET, LIHU`E DISTRICT, COUNTY OF
KAUAI: Mr. Rapozo moved to refer Resolution No. 2014-27 to the May 7> 2014
Public Works / Parks and Recreation Committee Meeting, seconded by Mr. Kagawa,
and carried by a vote of 6:0:1 (Mr. Bynum was excused).
Chair Furfaro: Done. We will see you then with a couple
reports. Doug, with a couple reports.
There being no objections, the rules were suspended.
Mr. Haigh: Yes, sir. I just want to mention that the
report on the latest Community Meeting will be on the website for the project, and I
assume it will be posted this week. So, that should be readily available not only will
we be giving it to Councilmembers, but anybody in the public who is interested in
the project, we do have a project website. I think it is HardyStreetlmprovements. I
forget exactly. We gave it...well. Yes, if you Google it, you will find it or you can
call my office and I will provide that information.
Chair Furfaro: Well, consider this a phone call and I am
asking you to provide it because on the website you just said should be, could be. I
want it to be.
Mr. Haigh: I have a meeting today and I will confirm
exactly when it will be.
Chair Furfaro: And I am really a pretty nice guy, Doug.
COUNCIL MEETING 49 APRIL 23, 2014
Mr. Haigh: I know.
Chair Furfaro: Come on, let us take this thing from start to
finish complete.
Mr. Haigh: Thank you.
Chair Furfaro: Thank you very much.
The meeting was called back to order, and proceeded as follows:
Mr. Rapozo: Mr. Chair?
Chair Furfaro: Yes.
Mr. Rapozo: I just want to make sure that we get the
comments from all the meetings, not just the most recent one.
Chair Furfaro: Did you hear that? All the public meetings.
Thank you. Joe, can you make a statement? We closed the motion right? We did,
right? Joe, I am going to give you one (1) minute. Please come up right now.
Please come up right now.
Mr. Watanabe: Mr. Chair, Mr. Rosa spoke in the Public
Comment portion of the meeting.
Chair Furfaro: Oh, he did. Okay. I am sorry. Joe, I cannot
make that exception. I wish I could. You will get the appropriate time on the 7th.
Thank you for your feedback. Thank you for the reminder of the Rule. Okay very
good. Gentlemen, thank you. Larry, we will see you this afternoon. Okay, I want
to go to the Housing Resolution now.
Resolution No. 2014-16 — RESOLUTION AUTHORIZING THE FILING OF
THE KAUAI COUNTY 2014 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED
Chair Furfaro: Okay, I need a motion and a second, and
then I need to make a statement because certain portions of this that JoAnn needs
to be recused from.
Mr. Kagawa moved to adopt Resolution No. 2014-16, seconded by Mr. Chock.
Chair Furfaro: I have a second. Okay. JoAnn, there are
sections of this piece. I think it is section (D).
Ms. Yukimura: Yes. Mr. Chair, I will be recusing myself on
the Boys & Girls Club project, which is (D) under Public Services. So, my request is
that we take that item separately and I would like to vote on all the rest with the
group and then I will recuse myself on that one (1) item to be voted on.
(Mr. Kagawa was noted as not present.)
COUNCIL MEETING 50 APRIL 23, 2014
Chair Furfaro: Okay, so you want to hold (D) until the end
or you want to do (D) first and you can step out?
Ms. Yukimura: Either way. I think until the end.
Chair Furfaro: Okay, we will excuse you at the end then.
Ms. Yukimura: Yes.
Chair Furfaro: Okay. Hello. Welcome.
There being no objections, the rules were suspended.
KAMUELA COBB-ADAMS, Housing Director: Good afternoon.
Kamuela Cobb-Adams for the record. I am actually here to just introduce the staff
that are the experts and all-stars. As I explained in our budget presentation, we
have an awesome staff and they agreed to come here and answer any questions. I
will be in the back to just support if you folks need me to answer anything. With
that, I was going to as for Kerri, Sharon, and Gary to come up.
Chair Furfaro: Fine. We have three (3) chairs and let me
assure your staff that if you were in the audience when I was talking to the Public
Works Division, please note that it is not my usual temperament. So, feel free to
talk to us about this project. Go right ahead. Introduce yourselves. Gary, you want
to start and take it from there.
GARY MACKLER, Housing Development Coordinator: Good
morning Councilmembers. Gary Mackler, Development Coordinator.
SHARON GRAHAM, Community Development Block Grant (CDBG)
Specialist: Good morning, Sharon Graham, CDBG
Specialist.
KERRILYN BARROS, CDBG Coordinator: Aloha, Kerri Barros,
CDBG Coordinator.
Chair Furfaro: We have this Resolution that we are about to
endorse. If you would like to tell us a little bit about it, Gary, I will give you the
floor.
(Mr. Kagawa was noted as present.)
Mr. Mackler: Well, this by way of background, each year we
issue a CDBG application to look for eligible activities to fund with our annual
allocation. We are required by United States Department of Housing and Urban
Development (HUD) in using the grant to put together an Annual Action Plan that
is submitted to HUD each year so that they can review the eligibility of the projects
that we are proposing to funds, and also to ensure that we are using our CDBG
dollars to meet the highest priority needs that we have established through our five
(5) year consolidate plan. So, Kern i and Sharon basically administer the CDBG
application process and then they provide all of the other needs for the grant to
administer the grant throughout the year. It is a very technical grant and it takes a
lot of work and they both do a very fine job every year of these action plans that we
come here and ask for your consideration. So, I am going to...as far as the specific
COUNCIL MEETING 51 APRIL 23, 2014
projects that are in this year's Annual Action Plan, I am going to turn it over to
Kern i and let her go through those activities with you.
Chair Furfaro: Before you do that, we need to excuse JoAnn
when we get to item (D). So, if we could keep from touching on that, and then Gary,
if you could tell us again the amount of the total grant.
Mr. Mackler: As noted in the Resolution. It is seven
hundred twenty thousand and...
Ms. Barros: Five hundred fifty dollars.
Chair Furfaro: Thank you. Okay, ladies.
Ms. Barros: Thank you. First of all, we would like to thank
you for your continued support over all of these years for our CDBG program which
is our Community Development Block Grant program. On April 9th, we had a
public hearing receiving comments from anyone on the proposed projects for the
Action Plan for 2014. We also had a publication of thirty (30) day public comment
period in the Garden Island and April 17th was the deadline for any comments and
we did not receive any public comments.
Chair Furfaro: Okay.
Ms. Barros: So, we have ten (10) recommended projects for
our Action Plan 2014 for your consideration and for our application to HUD. Should
I go through each project?
Chair Furfaro: As long as we stay away from Boys & Girls
Club.
Ms. Barros: Okay. So, we have four (4) Public Service
projects. We have three (3) that involve Case Management type substance abuse
prevention. Case Management/Relapse Prevention from Love the Journey for
twenty-nine thousand eight hundred ten dollars ($29,810). Should I explain?
Chair Furfaro: Councilmember Yukimura is going to leave
the room so we can talk about the specific grants.
(Ms. Yukimura was noted as recused.)
Ms. Barros: Okay. So, Love the Journey between Women
In Need, you will see that there is three (3) of them. There are two (2) projects by
Women In Need and one (1) for Love the Journey. They may sound like similar
projects, however, they do serve different populations. For instance, Love the
Journey maintains a furlough homes men, mostly men, but they do have a couple
for women. They provide case management. They have two (2) curriculums that
they use for employment readiness and for also substance abuse, and they also have
businesses that they use to employ their participants in. Women In Need, for their
case management which is (B) on the Resolution, they provide case management.
They help mostly women and children, but they do assist with men as well. They
take care of making sure that the women will meet all of their judiciary compliance,
they also go through life skills workshops, they do parenting classes, and they to
case management within their transitional homes. The Substance Abuse Relapse
COUNCIL MEETING 52 APRIL 23, 2014
Prevention Program is open to the public and this is where they have a twelve (12)
week, thirty-six (36) class substance abuse workshop. Finally, Boys & Girls Club.
This is Ho`omau Hui Learning Project in Lihu`e. They will provide cultural
enrichment programs for youth who are residents at the Lihu`e Court Townhomes
and this includes programs that besides education, helping them with their
homework. They will also be doing gardening activities and one (1) that is different
is they have a sports education component and this will assist the participants from
Lihu`e Court to help with any sports fees if they are interested in and also
membership fees through Boys & Girls Club.
Mr. Hooser: Are we going to take questions as we go
through them or wait until the end?
Chair Furfaro: We can take questions as we go through them
and then when we vote, I am going to take them in seriatim and we will vote on
Boys and Girls Club last. So, if you have questions now go right ahead.
Mr. Hooser: Yes, I have questions actually about the
previous ones, the Women In Need and Love the Journey. They are substance
abuse basically, supporting and treatment types of programs. I understand various
programs have different core philosophies if you would. Some are cultural based,
some are faith based, and some may be military based. Do these have any
particular core philosophy like that?
Ms. Barros: I would say basically, Women In Need is a
self-sufficiency. Their goal is to get women self-sufficient. There is also a housing
component. Most of these women would be homeless if it was not for, men and
women, would be homeless if it was not for the furlough homes that they maintain.
It is in this environment that they are able to get the case management and the
workshops that they need to be self-sufficient. I would say that for all three (3).
Mr. Hooser: For the other ones too?
Ms. Barros: Yes.
(Mr. Rapozo was noted as not present.)
Mr. Hooser: So, they do not have a particularly cultural
bent or faith based bent? No?
Ms. Barros: No. Need based.
Mr. Hooser: Need based? Okay. Thank you.
Chair Furfaro: Other questions at this time? No?
Ms. Barros: Should we move on to the Housing projects?
Chair Furfaro: Yes.
(Ms. Yukimura was noted as present.)
Ms. Barros: Two of the Housing projects proposed for
funding is administered or run by the Kaua`i County Housing Agency. One is the
COUNCIL MEETING 53 APRIL 23, 2014
Home Buyer Loan Program and the other is the Home Purchase Program. The
Home Buyer Loan Program allows us to assist low to moderate income individuals
in providing a low-cost mortgage loan, either a Primary or a Gap loan. The Home
Purchase Program allows the Housing Agency to purchase a home on the market
and we resale these homes to low and moderate income first time homebuyers
through our ninety (90) year lease program. The next project we have for
recommendation for funding is...
Chair Furfaro: Excuse me. Any questions on the housing
assistance? No? Go right ahead.
Ms. Barros: The next project proposed for funding is
through the Council for Native Hawaiian Advancement (CNHA). It is the
Homeowner Education and Energy Efficiency Workshops (HE3). This is a
post-purchase activity and they will assist homebuyers to do financial budgeting
and insurance requirements. This is to prevent foreclosure. They will assist
participants in how they can better lower their energy costs. So, they provide
counseling and workshops to do this.
Chair Furfaro: Question? Go right ahead.
Mr. Chock: Thanks Kerri. I was wondering, in terms of
this education workshop, how many homeowners in the Anahola to Kekaha area are
we servicing through that particular program?
(Mr. Rapozo was noted as present.)
Ms. Barros: So, this is an area benefit. So, it is open to
all people in the...Kapa`a and Kekaha are both low to moderate areas. So, it is open
to all of the residents there, both areas.
Mr. Chock: Has CNHA identified how many they intend
to serve to the public?
Ms. Barros: They intend to serve forty (40).
Mr. Chock: Forty (40)?
Ms. Barros: Yes.
Mr. Chock: Okay. Thank you.
Ms. Barros: Also, CNHA is a HUD approved...
Ms. Graham: Housing counselling agency.
Ms. Barros: As well as Hawaiian Community Assets,
which is the next organization for Home Ownership Education and Counseling, and
that is for twenty thousand dollars ($20,000). They provide for the County and
other residents on the island, pre-purchase education for home buying education.
We have two (2) Public Facility projects. One for the Kaua`i Fire Department for
the Waimea Fire Station Emergency Response Vehicle with Skip Pumping Unit and
COUNCIL MEETING 54 APRIL 23, 2014
the other is for Roof Repair and Photovoltaic System (PV) for the Young Women's
Christian Association (YWCA) Admin Building.
Mr. Hooser: Chair, question.
Chair Furfaro: Go right ahead, Mr. Hooser.
Mr. Hooser: Thank you for being here if I did not say that
already. The fire truck kind of jumps out at me. We see the other substance abuse,
YWCA, and other non-profits in affordable housing and then all of a sudden we
have the Fire Department. My two (2) questions basically, and you may not be able
to answer the first one, but why would not the Fire purchase be under the regular
budget and were there other projects that were not approved that could have been
approved for those funds?
Ms. Barros: Under CDBG regulations, there is a specific
regulation that allows for Fire protection and it is considered a public facility, and
this is where the Fire Department or fire equipment or fire rescue unit falls under.
Mr. Hooser: But if the County chose to fund that through
the regular budget process, would that then make available one hundred sixteen
thousand dollars ($116,000) to fund more housing or more drug treatment or those
kinds of programs?
Ms. Barros: Yes.
Mr. Mackler: Well, in the area of public services,
Councilmember Hooser, there is a statutory cap for each year's allocation where you
are not allowed to use more than fifteen percent (15%) of your annual allocation for
public services. So, even if moneys were freed up from the Fire Department
activity, it does not necessarily mean we could move that money into other public
services. It could go possibly into other areas like housing or other public facilities
or economic development.
Mr. Hooser: Okay, and were there other credible if you
would, or other projects grant requests that were presented that may have
qualified, but did not make the cut?
Ms. Barros: We had seventeen (17) applications this year
totaling close to two million dollars ($2,000,000) in requests. The selection process
looks at the total overall score of each project and the concept, the readiness, the
ability to spend funds, and so the projects that you see before you are the ones that
have scored the highest based on the funding availability, the overall funding.
Mr. Hooser: Okay. Thank you. Thank you, Chair.
Chair Furfaro: Thank you. Continue.
Ms. Barros: Roof repair for the YWCA for fifty-six
thousand four hundred dollars ($56,400). The YWCA will be replacing their
existing roof of their Admin Building. I am not sure if you are familiar with their
property, but they have the Women's Center, which is the old Kaua`i Community
Federal Credit Union (KCFCU). Right behind that is what they call their Admin
Building, but it is not specifically for their Admin. They do run programs out of
COUNCIL MEETING 55 APRIL 23, 2014
that. So, the proposed project is to repair that and to add photovoltaic to that. If
you will notice in our alternate project we have that also listed. So, what the
Review Committee in the selection of the projects did, was in order to meet a
timeliness, the Review Committee did not feel that they may be able to meet that by
doing a roof repair and being ready to install of photovoltaic system. So, the award
is recommended to just do the roof repair first. Should YWCA be ready to get the
photovoltaic, then we could fund that at a later date, but still within the one (1)
year time frame of the CDBG grant.
Chair Furfaro: JoAnn.
Ms. Yukimura: So, that means that the YWCA has a
potential of getting a total of fifty-six thousand dollars ($56,000) plus eighty
thousand dollars ($80,000)?
Ms. Barros: This is the proposed project, fifty-six
thousand four hundred dollars ($56,400) and a potential to get an additional eighty
thousand six hundred ($80,600) for the alternate.
Ms. Yukimura: Okay. Is there a cap on your Housing
projects allocation?
Ms. Barros: No, just Public Services.
Ms. Yukimura: Just Public Services?
Ms. Barros: Fifteen percent (15%).
Ms. Yukimura: Okay. Thank you.
Chair Furfaro: You can continue.
Ms. Barros: Okay. I believe that is it.
Chair Furfaro: Okay. Now, my plan, Rick, is to vote in
seriatim on the items and we will do the Boys & Girls Club last.
Ms. Yukimura: Mr. Chair?
Chair Furfaro: Yes.
Ms. Yukimura: I think we could save some time by just
voting on everything but the Boys & Girls Club.
Mr. Watanabe: We will take the entire Resolution excluding
this.
Ms. Yukimura: Excluding, and if you do not mind because...
Chair Furfaro: That is not how it was explained to me
earlier, but if we have all changed our minds and we are going to do it that way,
then fine, just tell me.
Ms. Yukimura: Okay.
COUNCIL MEETING 56 APRIL 23, 2014
Chair Furfaro: So, we will only extract the Boys & Girls
Club and we will vote everything else as a lump sum. How is that? Does that
work?
Ms. Yukimura: Yes, Chair.
Chair Furfaro: Any further dialogue?
Mr. Chock: Just one (1).
Chair Furfaro: Go ahead, Vice Chair.
Mr. Chock: Thank you, Chair. I am sure there is some
pretty stringent Federal tracking processes involved with HUD as I would imagine
for the selection process. I was interested in if you have any internal or County
level evaluative processes involved specifically for Public Services and Housing. If
you did, and you do not have to answer it now, but if you had anything that you
could share. I am interested in looking at it and if you could send that to me, that
would great. So, as you track the progress of the programs throughout the grant
period is what I am looking for.
Ms. Barros: Oh, okay, like outcomes.
Mr. Mackler: Sure. In fact, each year along with the filing
of the Annual Action Plan, we are also required to file an annual report looking
back for the prior year of how well the activities performed, whether they met their
benchmark goals, and so forth. The team here evaluates the performance of the
sub-recipients and scores them in fact, to see how they have done for consideration
when future requests for funding comes in from those organizations.
Mr. Chock: Exactly what I am asking you for. Thank
you.
Chair Furfaro: Satisfactory?
Mr. Chock: Yes.
Chair Furfaro: Mr. Hooser.
Mr. Hooser: Just another follow-up if I could. Which of
these or how many of these are repeat for every year? So, that would follow-up on
Councilmember Chock's train of thought, I think, that you have some track record
or history of Love the Journey and Women In Need. Did they get CDBG funds last
year also?
Ms. Graham: Yes.
Mr. Mackler: Yes.
Mr. Hooser: They did? And so you have experience
working with them and evaluating their programs?
Ms. Barros: Yes.
COUNCIL MEETING 57 APRIL 23, 2014
Mr. Hooser: Okay. The Council for Native Hawaiian
Advancement?
Ms. Graham: This is their first year.
Mr. Hooser: This is their first year?
Ms. Graham: Yes.
Mr. Hooser: Okay, and Hawaiian Community Assets?
Ms. Graham: They are a repeat agency.
Mr. Hooser: Pardon me?
Ms. Graham: They are a repeat agency.
Mr. Hooser: Okay, and the YWCA?
Ms. Barros: They were funded last year.
Mr. Hooser: Okay. Thank you.
Chair Furfaro: Along that questions, I will stay with that
question. Do we have any caps on these applications? For example, they receive
grants for three (3) consecutive years and then they have to wait a year. Do you
have any kind of rule like that?
Ms. Barros: There is a requirement for any Public
Service application. If they are coming in for a second year, consecutive year, that
they must serve more clients.
Chair Furfaro: Got it. Thank you. Mr. Kagawa, your
question.
Mr. Kagawa: Thank you, Chair. Yes, going back as well.
Regarding the Waimea Fire Station Emergency Response Vehicle with Skip
Pumping Unit. What exactly is that? Is that another truck that has a special
feature or is it a new truck to replace an existing one?
Ms. Barros: My understanding is that the Skip Pumping
Unit is the...okay, I am not going to use the right terminology, just what I know, is
what they use for the water where the water comes out of. No? Okay, wait, wait.
Mr. Mackler: It is a smaller vehicle that allows the Fire
Department to get to places where they cannot ordinarily reach with larger
vehicles.
Mr. Kagawa: Oh, makes sense.
Mr. Mackler: And it is more mobile in that regard.
Mr. Kagawa: So, such as Pakala maybe where it is
narrower?
COUNCIL MEETING 58 APRIL 23, 2014
Mr. Mackler: Or in the hills and the mountains.
Mr. Kagawa: Okay. This is not going to require additional
hiring of personnel to operate this vehicle, right?
Mr. Mackler: No, it is not.
Ms. Barros: No.
Mr. Kagawa: Because I certainly appreciate you folks
buying this with CDBG moneys. I think it fits a need, but I am just very hesitant to
let that Department continue to grow without our control. So, thank you.
Mr. Mackler: It is also not the first time CDBG has funded
one of these purchases. There had been one (1) or two (2) in the past I recall.
Chair Furfaro: Then you are up to three (3).
Mr. Mackler: Yes.
Mr. Kagawa: Thank you.
Chair Furfaro: Again, it is for very rural terrain firefighting
in the bush, but I think this is the third one. Good question on the staffing related
to those vehicles though. Thank you, Mr. Kagawa. Additional questions? If not,
thank you so much. We are going to vote on all except item (D).
Ms. Barros: Can I just mention one (1) thing?
Chair Furfaro: Sure.
Ms. Barros: That we are celebrating National
Community Development Week this week, which includes both CDBG and Home
projects. We have a pictorial exhibit going on right now in our Pi`ikoi Building and
it has just a sampling of some of the projects that we have done over the years, but
it is a good avenue, I think, for people to see who are interested in possible putting
in an application for CDBG funding and for others who just want to see what CDBG
does. It has a lot of pictures of people who are the direct benefits of the CDBG
program and the Home projects. So, if you can come by that this week. It is going
to end on Friday and it is open when our building is open, 7:45 a.m. to 4:30 p.m.
Chair Furfaro: Thank you for that because I did hear the
public service announcement on the radio from you folks inviting people to come
down and get the word out, but this is a fund that I am very concerned with because
when first go on the Council a few years back, we were getting one million one
hundred thousand dollars ($1,100,000) and now we are down to what? Seven...
Ms. Barros: Seven hundred twenty thousand dollars
($720,000).
Chair Furfaro: Seven hundred twenty thousand dollars
($720,000). So, we have had thirty-eight percent (38%) reduction in our grant
moneys and I think that speaks of what is happening with many grants across the
Nation. So, thank you for trying to do more with less, but it is on our radar screen.
COUNCIL MEETING 59 APRIL 23, 2014
Ms. Barros: The organizations that apply also are doing a
good job in trying to secure non-CDBG leverage funds, and I know it was mentioned
in our budget report that for every dollar that CDBG funds, an additional three
dollars ($3) is brought in for leverage funds.
Chair Furfaro: Well, it is good that people that are receiving
this are realizing that is an amount that is shrinking and they need to look at other
resources. Thank you for what you do. Mr. Rapozo.
Mr. Rapozo: Thank you, Mr. Chair, and thank you to the
Housing Agency for administering these funds. I know we have reduced. I mean,
we have been reduced in what we have gotten, but over the years Kaua`i has been
very lucky. While many other States and Counties were getting reduced, we were
able to maintain a level much longer than other jurisdictions, but I share the
Chair's concerns. Because it is such a priority for NACo, we have the discussion
earlier today. NACo spends a lot money pushing the Congress to keep this thing
going, but the most recent, I know Kern you mentioned three dollars ($3). I just
pulled it up because I wanted to see what the current number was, but it is actually
probably because of the cost, but now every dollar of CDBG money creates four
dollars and seven cents ($4.07). I do not say that to correct you, just that it is a new
figure. It is fluid. Just how important this fund is, this grant that we need to
continue, and overall since 2010, the fund has been reduced by Congress by
twenty-five percent (25%), one billion dollars ($1,000,000,000). So, that is the trend.
The good news is that this year we are told that it is going to go back to the balance
that we had last year. So, we should see an increase in CDBG funds next fiscal
year. So, that is something to look forward to.
Ms. Barros: That is good news.
Mr. Rapozo: Yes, but thank you all for managing the
program so well. Thank you.
Chair Furfaro: Thank you, Mr. Rapozo. Is there any public
testimony there?
There being no one to provide testimony, the meeting was called back to
order, and proceeded as follows:
Chair Furfaro: Mr. Clerk, we are going to do all except
item (D).
Mr. Watanabe: So, if we can clarify the motion. Somebody
can make a motion to consider all items excluding (D).
Mr. Kagawa moved to adopt all items in Resolution No. 2014-16 excluding
item (D), seconded by Mr. Rapozo, and carried by a vote of 6:0:1 (Mr. Bynum
was excused).
Chair Furfaro: Further discussion?
COUNCIL MEETING 60 APRIL 23, 2014
The motoin to adopt all items in Resolution No. 2014-16 excluding item (D)
was then put, and carried by the following vote:
FOR ADOPTION: Chock, Hooser, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL — 6,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
Mr. Watanabve: Six (6) ayes.
Chair Furfaro: 6:0. Thank you. Now we go to item (D).
(Ms. Yukimura was noted as recused from item (D) of Resolution
No. 2014-16.)
Mr. Kagawa moved to adopt Resolution No. 2014-16, item (D), seconded by
Mr. Rapozo.
Chair Fufaro: Further discusson? If not, roll call vote.
The motoin to adopt item (D) of Resolution No. 2014-16 was then put, and
carried by the following vote:
FOR ADOPTION: Chock, Hooser, Kagawa, Rapozo,
Furfaro TOTAL— 5,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: Yukimura TOTAL— 1.
Mr. Watanabe: Five (5) ayes, one (1) recused, and one (1)
excused.
Chair Fufaro: Five (5) ayes. We can bring Councilmemebr
Yukimura back out.
(Ms. Yukimura was noted as present.)
Chair Furfaro: Thank you very much for all you do. Okay,
we have a few more minutes and there is a few items we can clean up here before
we go to lunch. Take us where you want to go.
Mr. Watanabe: Chair, shall we will skip over the Cost
Control Resolution?
Chair Furfaro: You got the three (3) items.
Mr. Watanabe: Do you want to take that up now?
Chair Furfaro: Yes, let us do that one.
Resolution No. 2014-27 — RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO THE COST CONTROL COMMISSION:
COUNCIL MEETING 61 APRIL 23, 2014
Mr. Kagawa moved to schedule public hearing for May 28, 2014, then referred to
the June 10, 2014 Council Meeting, seconded by Mr. Rapozo.
Chair Furfaro: I have a second from Mr. Rapozo.
Discussion? If not, roll call, please.
The motion to schedule public hearing for Resolution No. 2014-27 on
May 28, 2014, then referred to the June 10, 2014 Council Meeting was then
put, and carried by the following vote:
FOR MOTION: Chock, Hooser, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL— 6,
AGAINST MOTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
Mr. Watanabe: Six (6) ayes.
Chair Furfaro: Thank you. The Hardy Street was referred.
The First Bill Reading. I want to make a note that we are looking at...
Mr. Rapozo: Mr. Chair, you have Resolution No. 2014-29.
Chair Furfaro: Oh, did I miss Resolution No. 2014-29?
Mr. Rapozo: Right, Ricky?
Chair Furfaro: Oh, there it is. This one...
Mr. Rapozo: Same thing.
Chair Furfaro: That is 2:00 p.m. with Lenny, right?
Ms. Yukimura: Mr. Chair?
Chair Furfaro: Setting the Golf Course fees?
Ms. Yukimura: Yes, and we need to make an amendment.
So, I need to make a motion to approve first, to amend, and then we will set a public
hearing.
Chair Furfaro: Okay. Hold on, just a second. So, you know
what? If we do that now, tell Lenny do not come over.
Resolution No. 2014-29 — RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO SETTING GOLF COURSE FEES: Mr. Rapozo
moved to adopt Resolution No. 2014-29, seconded by Ms. Yukimura.
Ms. Yukimura moved to amend Resolution No. 2014-29 as circulated, as
shown in the Floor Amendment which is attached hereto as Attachment 2,
seconded by Mr. Rapozo.
Ms. Yukimura: It is really a typo. Thank you.
COUNCIL MEETING 62 APRIL 23, 2014
Chair Furfaro: I will give you the floor.
Ms. Yukimura: Yes, Chair. It is very simplistic, I guess. So,
it just correct a misspelling.
Chair Furfaro: Okay, so let us get an approval on the
amendment as circulated.
Mr. Chock: There is one on the floor.
Chair Furfaro: Oh, there is one on the floor? I am sorry. I
was off base.
Ms. Yukimura: So, we could vote now, I think.
The motion to amend Resolution No. 2014-29 to Resolution No. 2014-29,
Draft 1, as circulated was then put, and carried by a vote of 6:0:1 (Mr. Bynum
was excused).
Chair Furfaro: Now we go to the main item.
Ms. Yukimura: Yes, Mr. Chair?
Chair Furfaro: I will give the floor to JoAnn.
Ms. Yukimura moved to schedule public hearing for Resolution No. 2014-29,
Draft 1 on May 28, 2014, then referred to the June 10, 2014 Council Meeting,
seconded by Mr. Rapozo.
Chair Furfaro: Mr. Kagawa.
Mr. Kagawa: Thank you, Chair. I am happy that we have
this amendment. I have been contacted by former Councilmember Bob Yatsuda and
a lot of you know that he was a very good Councilmember here. He is quite
concerned that perhaps we could be doing better revenue-wise at the Golf Course.
He said one the key components of maximizing our revenues is to have a fee
structure that is adequate, fits, and attracts those non-resident golfers to play at
Wailua. I think one of the suggestions that he made was that we perhaps have
people some marketing experience come on and help. He has volunteered as well, to
serve on the committee being a local golfer and being one that has talked to other
golfers about the need for Wailua to generate more play because it is ranked as the
third best course in Hawai`i as noted by one. For a public golf course to be ranked
third and to see that there are open slots at the Golf Course makes you think that
we should be doing better than we are because I think there can be a fee that
attracts the visitors to play at the third best course in the State and being a public
Golf Course, again, we should be proud of it, but we should be maximizing. We
cannot just rely on local golfers to tell us what the fees should be. We should be
actually tapping more people with marketing type experience, I think, and that is
some of the comments that Mr. Yatsuda has mentioned. So, I thank you, Chair.
You have mentioned a lot of those before, that we need to be doing better at Wailua
Golf Course, and certainly if that can become as close to self-sufficient as possible, it
would certainly leave our County having more moneys to deal with other things
that we have in our budget. Thank you.
COUNCIL MEETING 63 APRIL 23, 2014
Chair Furfaro: Mr. Hooser.
Mr. Hooser: I want to express some thoughts if I could. I
share the concerns about the revenue and agree that we need to increase play by
visitors and maximize the income as a result, but I also think we should tread very
cautiously. There is a lot of seniors especially who are on fixed incomes and this is
the one great joy of their life, is being able to play golf on a regular basis there. So,
we need to be very careful about raising the fees for them as well as Junior Golfers.
We have quite a strong Junior Golf program and we need to preserve that as realize
that it is a public course. So, therefore, we do have an obligation to provide as best
we can. If golf fees are going to be changed, raised, or fooled with we have to make
sure the process allows full engagement by golfers and the community, and not done
arbitrarily by the Administration or anybody else. So, thank you.
Chair Furfaro: I would like to say Mr. Yatsuda has been
such a great steward of the golf course for many years. I have dealt with him too,
and thank you for pointing that out, Mr. Kagawa. He really knows what a gem we
have there and he also is very active with the kama aina play and resident play that
is there. This piece that JoAnn is introducing, first of all, it basically gives some of
the authority to the golf course on doing the rate changes and we can shift gears on
a quicker basis to make up for activities rather than year-to-year, but maybe more
seasonal and when we know there is a lot of non-resident play by a steeper number
of visitors on the island tied into maybe some of the things that the Coconut Coast
is doing. As we did in the budget session, Mr. Costa indicated that he would be
working to get some public dialogue out on the Golf Course races to follow-up what
you were saying, Mr. Hooser, that part of our challenge is that the golf course has
been carrying some of its bond money for its sprinklers, which kind of offsets it
profitability margin by almost seven hundred fifty thousand dollars ($750,000), but
those bonds are almost being paid for over the next two (2) years. A cautious
approach to raising fees is one incrementally that may be generating another one
hundred thousand dollars ($100,000) in revenue and then really looking at
incremental play by higher rated non-resident is a good way to go and I think that
is outstanding that Mr. Yatsuda has indicated that he would be willing to serve on
any kind of a marketing team to help us resolve that. So, that being said, JoAnn,
you have the floor.
Ms. Yukimura: Yes. I agree with Councilmember Hooser,
that we need to really recognize that the golf course is a public golf course and so we
should not treat it like a private golf course and just get all the money we want and
need. On the other hand, I think we are missing out on opportunities that could
increase revenues to the golf course that would in the long run help the golf course
become sustainable because everybody who has a stake in the golf course, especially
the players, want to make sure that we continue to provide this wonderful facility
into the future and you cannot do that without really paying careful attention to
revenues. At the same time, it may be that it is appropriate to lower fees at certain
times. So, this proposed Charter Amendment, which would allow the Council to
delegate its fee setting powers, based on certain parameters, and would allow a
much faster response to the market whether it is up or down. So, if there is an
opportunity to raise fees in particular for the non-resident market, you do not have
to wait for three (3), or four (4) or five (5) months to do it, but if the market is
dropping and you have to lower fees, you can also do it more quickly. So, it is
something we have to proceed with prudence and I think we can address that in the
Ordinance which delegates that power, but I think this proposed Charter
COUNCIL MEETING 64 APRIL 23, 2014
Amendment will give us more flexibility to respond to opportunities while still
protecting the public nature of our golf course.
Chair Furfaro: Well, I want to thank everybody, JoAnn, for
this piece, and some of the work that is being done that really elevated the golf
course, and this is the first step. So, on that note, I would like to go ahead and call
for a...
Mr. Watanabe: Roll call?
Chair Furfaro: Yes.
The motion to schedule public hearing for Resolution No. 2014-29, Draft 1 on
May 28, 2014, then referred to the June 10, 2014 Council Meeting was then
put, and carried by the following vote:
FOR MOTION: Chock, Hooser, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL — 6,
AGAINST MOTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
Mr. Watanbe: Six (6) ayes.
Chair Furfaro: Thank you. We will have public hearing
when we come back at 1:35 p.m.. We have a certificate at 1:50 p.m., then we have
First and Second Bill Readings, and scheduled Executive Session at 3:00 p.m. So, I
am going to go ahead and break for lunch at this point, and remind everybody that
we have luncheon for Jade's recognition and our Administrative Day in the back.
There will be chocolate cake there too. So, if you want a second slice, please enjoy.
We are in recess.
There being no objections, the Council recessed at 12:36 p.m.
The meeting was called back to order at 3:00 p.m., and proceeded as follows:
(Council Chair Furfaro was noted as not present.)
Mr. Chock: We are moving towards Executive Session to
make a 3:00 p.m. phone conference and we would like to get through representing
all items up front and receiving the first item if possible. So, can we call up the
County Attorney to announce these Executive Sessions?
There being no objections, the Executive Sessions were taken out of order.
Ms. Fountain-Tanigawa: Vice Chair Chock, did you want to get a
motion to receive ES-718 first?
Mr. Chock: Why do we not do that first then?
EXECUTIVE SESSIONS:
ES-718 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
COUNCIL MEETING 65 APRIL 23, 2014
Office of the County Attorney requests an Executive Session with the Council to
provide the Council with a briefing, discussion and consultation regarding the
quarterly report on pending and denied claims. This briefing and consultation
involves the consideration of the powers, duties, privileges, immunities and/or
liabilities of the Council and the County as they relate to this agenda item:
Mr. Rapozo moved to receive ES-718 for the record in open session, seconded by
Mr. Kagawa.
Mr. Chock: Any discussion, members, on this item?
Seeing none, any public testimony on this?
There being no objections, the rules were suspended to take public testimony.
There being no one to provide testimony, the meeting was called back to
order, and proceeded as follows:
Mr. Chock: We need a roll call on this?
Ms. Fountain-Tanigawa: No.
The motion to receive ES-718 for the record in open session was then put, and
carried by a vote of 6:0:1 (Mr. Bynum was excused). (Pursuant to Rule
No. 5(b) of the Rules of the Council of the County of Kauai, Council Chair
Furfaro was not present, but shall be recorded as an affirmative for the
motion.)
Mr. Chock: Thank you. We will move to the next item.
Mr. Castillo, thank you.
There being no objections, the rules were suspended.
Mr. Castillo: Council Vice Chair and Councilmembers,
good afternoon. Al Castillo, County Attorney. I am wondering, so I am going to
read 2, 3, and 4?
Mr. Chock: Correct.
Mr. Castillo: Thank you.
ES-719 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and (8) and Kaua`i County Charter Section 3.07(E), the Office of the
County Attorney, requests an Executive Session with the Council, to provide the
Council with a briefing as it relates to the investigation of personnel matters
involving the Office of the County Auditor, and related matters (including Ernesto
G. Pasion vs. County of Kaua`i, et al., Civil No. 13-1-0340 (Fifth Circuit Court)), and
related matters. This briefing and consultation involves consideration of the
powers, duties, privileges, immunities, and/or liabilities of the Council and the
County as they relate to this agenda item.
ES-720 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and (8) and Kaua`i County Charter Section 3.07(E), the purpose of this
Executive Session is to provide Council with a briefing and request for authority to
settle the case of Verna Rita v. County of Kaua`i, Civil No. CV12-00605 JMS RLP
(U.S. District Court), and related matters. This briefing and consultation involves
COUNCIL MEETING 66 APRIL 23, 2014
consideration of the powers, duties, privileges, immunities, and/or liabilities of the
Council and the County as they relate to this agenda item.
ES-721 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and (8) and Kaua`i County Charter Section 3.07(E), the purpose of this
Executive Session is to provide Council with a briefing and to request authority to
hire Special Counsel to advise the Council concerning coverage, under the County's
insurance policy with Everest National Insurance Company, in connection with the
lawsuit Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 JMS-RLP
(United States 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.
Mr. Castillo: Thank you.
The meeting was called back to order, and proceeded as follows:
Mr. Chock: So, I need a motion for us to move into
Executive Session.
Ms. Yukimura moved to convene in Executive Session for ES-719, ES-720,
and ES-721, seconded by Mr. Rapozo.
The motion to convene in Executive Session for ES-719 was then put, and
carried by the following vote:
FOR EXECUTIVE SESSION: Chock, Hooser, Kagawa, Rapozo,
Yukimura TOTAL— 5,
AGAINST EXECUTIVE SESSION: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: Furfaro TOTAL— 1.
The motion to convene in Executive Session for ES-720 was then put, and
carried by the following vote:
FOR EXECUTIVE SESSION: Chock, Hooser, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL— 6*,
AGAINST EXECUTIVE SESSION: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum TOTAL — 1,
RECUSED & NOT VOTING: None TOTAL— 0.
(*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai,
Council Chair Furfaro was not present, but shall be recorded as an affirmative for
the motion.)
The motion to convene in Executive Session for ES-721 was then put, and
carried by the following vote:
FOR EXECUTIVE SESSION: Chock, Hooser, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL— 6*,
AGAINST EXECUTIVE SESSION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: Bynum TOTAL— 1.
COUNCIL MEETING 67 APRIL 23, 2014
(*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai,
Council Chair Furfaro was not present, but shall be recorded as an affirmative for
the motion.)
Ms. Fountain-Tanigawa: Five (5) ayes.
Mr. Chock: Five (5) ayes. Thank you. At this time, we
will be moving to Executive Session to receive this communication and we will come
back shortly. Thank you.
There being no objections, the Council recessed at 3:04 p.m.
The meeting was called back to order at 4:02 p.m., and proceeded as follows:
(Council Chair Furfaro was noted as not present.)
COMMUNICATION:
Mr. Chock: We have gone through the communication,
already had our public testimony, so there is a motion on the table. No? We need a
motion to approve.
Ms. Yukimura: Do you want to read the item?
Mr. Chock: Go ahead. Can you read the item again?
C 2014-124 Communication (04/17/2014) from the County Attorney,
requesting authorization to expend funds up to $100,000 for Special Counsel's
continued services to advise and represent the County Council in matters relating
to the investigation of personnel matters involving the County Auditor's Office, and
related matters (including Ernesto G. Pasion vs. County of Kaua`i, et al., Civil
No. 13-1-0340 (Fifth Circuit Court)), and related matters: Ms. Yukimura moved to
approve C 2014-124, seconded by Mr. Kagawa.
Mr. Chock: Motion and a second. As I mentioned, we
already had a briefing and public testimony on this item. Is there further
discussion, members, on this item? Seeing none, roll call, please.
The motion to approve C 2014-124 was then put, and carried by the following
vote:
FOR APPROVAL: Chock, Hooser, Kagawa, Rapozo,
Yukimura TOTAL— 5,
AGAINST APPROVAL: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum TOTAL — 1,
RECUSED & NOT VOTING: Furfaro TOTAL — 1.
Ms. Fountain-Tanigawa: Five (5) ayes.
Mr. Chock: Thank you. Are we going to move to the
Bills?
Ms. Fountain-Tanigawa: We could do the Bills. This would be on
page 7, Bills for First Reading.
COUNCIL MEETING 68 APRIL 23, 2014
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2544) —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 (Office of Economic Development, Wages
and Hourly Pay — Ka Aha Hula 0 Halauola Conference Assistant — $12,000):
Mr. Kagawa moved for passage of Proposed Draft Bill (No. 2544) on first reading,
that it be ordered to print, that a public hearing thereon be scheduled for
May 28, 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 Mr. Rapozo.
Mr. Chock: Thank you. A motion and a second. I do not
see George here to comment on this. No one would like to testify on this item?
There being no objections, the rules were suspended to take public testimony.
There being no one to provide testimony, the meeting was called back to
order, and proceeded as follows:
Mr. Chock: Councilmembers, discussion? No? Okay.
First Reading good. Roll call.
The motion for passage of Proposed Draft Bill (No. 2544) on first reading,
that it be ordered to print, that a public hearing thereon be scheduled for
May 28, 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: Chock, Hooser, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL— 6*,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
(*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai,
Council Chair Furfaro was not present, but shall be recorded as an affirmative for
the motion.)
Ms. Fountain-Tanigawa: Five (5) ayes.
Mr. Chock: Five (5) ayes. We are moving to Bills for
Second Reading.
BILLS FOR SECOND READING:
Bill No. 2515, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
SECTION 21-9.2 OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT: Ms. Yukimura
COUNCIL MEETING 69 APRIL 23, 2014
moved to adopt Bill No. 2515, Draft 1 on second and final reading, seconded by
Mr. Rapozo.
Mr. Chock: Thank you. I do not see Larry or Troy here
yet, but would you like to comment on this item?
Mr. Kagawa: Yes. It looks like we have two (2) Bills now
regarding to the Solid Waste fees. The other one is a different version and the one
that is in the process right now it I guess, ten dollars ($10) less per ton. So, instead of
going up to one hundred twenty-nine dollars ($129) per ton, the new proposal is going
up to one hundred nineteen dollars ($119) per ton. Certainly, if we want to increase
fees and we do not want to put too much burden on our private sector, then at least
the latter is easier to bite. Thank you.
Mr. Chock: So, there is a differentiation of these amounts
here. Councilmember Yukimura.
Ms. Yukimura: So, I agree that we should go for the lesser
amounts that is already in the hopper. This one is for the greater amount. So, I think
we should receive this, right? Does a motion to receive have precedence? No. We just
kill the motion to approve and then do a second motion to receive. Okay, so, we will
just vote on the motion to approve then. Oh, withdraw. Okay.
Ms. Yukimura withdrew her motion to adopt Bill No. 2515, Draft 1 on second
and final reading. Mr. Rapozo withdrew his second.
Ms. Yukimura moved to receive Bill No. 2515, Draft 1 for the record on second
and final reading, seconded by Mr. Rapozo.
Mr. Chock: Further discusson on the motion to receie?
Seeing none, we will have a roll call on this.
The motion to receive Bill No. 2515, Draft 1 for the record on second and final
reading was then put, and carried by the following vote:
FOR RECEIPT: Chock, Hooser, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL— 6*,
AGAINST RECEIPT: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
(*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai,
Council Chair Furfaro was not present, but shall be recorded as an affirmative for
the motion.)
Ms. Fountain-Tanigawa: Five (5) ayes.
Mr. Chock: Next item.
Bill No. 2534 — 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 AND SOLID WASTE DISPOSAL FUND
COUNCIL MEETING 70 APRIL 23, 2014
(Solid Waste Disposal Fund, Solid Waste Recycling — Other Services - $700,000):
Ms. Yukimura moved to adopt Bill No. 2534 on second and final reading, seconded
by Mr. Kagawa.
Mr. Chock: Thank you. I had a request for a meeting
this morning from Steve Hunt and Larry Dill on these items. Maybe you can speak
to the next two (2) items and what has transpired since last week.
There being no objections, the rules were suspended.
(Council Chair Furfaro was noted as present.)
STEVEN A. HUNT, Director of Finance: Steve Hunt, Director of
Finance, for the record. I guess we are covering Bill No. 2534 at the moment. So, I
will speak to that one. This is the recycling funds that we will be short within
Fiscal Year 2014. A large portion of this shortage has to do with the fact that the
moneys were not encumbered and the contracts were not executed to spend the
moneys for five hundred sixty thousand dollars ($560,000) of the seven hundred
thousand dollars ($700,000) request. So, because they were not spent, they became
fund balance. So, of the twelve million eight hundred thousand dollars
($12,800,000) roughly fund balance that was created in Unassigned Fund Balance,
five hundred sixty thousand dollars ($560,000) of that was from the fact that this
lapsed. So, in reality, this is not a seven hundred thousand dollars ($700,000) new
ask. It would be four hundred forty thousand dollars ($440,000) in additional funds,
but five hundred sixty thousand dollars ($560,000) covers what was intended to be
contracted at the end of Fiscal Year 2013 to carry is this far. So, I want that to be
at least in consideration when you are looking at this. It is not a new seven
hundred thousand dollars ($700,000) request. There is an additional four hundred
forty thousand dollars ($440,000) being asked and a large part of that is coming
from increased green waste and other cost of recycling that were unanticipated.
On Bill No. 2535, and this has to do more with the Solid Waste Disposal
Fund. There was again, some of this was under-budgeted by what we had
anticipated. About three hundred fifty thousand dollars ($350,000) to the waste
management contract and then of course there were other costs that were
unanticipated related to the landfill liner and looking at testing for the integrity of
that liner. At Council's request, we did go back and look at the budget items that
we have currently budgeted to see if some of it could be funded from the current
budget without taking from Unassigned Fund Balance. Again, given a weeks'
notice, I have not had time to sit down with every single Department, but I
certainly looked within my own budget, Finance, and within Public Works, and we
have identified about eighty thousand dollars ($80,000), thirty thousand dollars
($30,000) within Finance and another fifty thousand dollars ($50,000) coming from
Public Works. However, due to the nature and the description of the Bill it would
not be worthy of an amendment to this Bill. It would have to come as a subsequent
Bill and given the timing of it and the closing of the end of the fiscal and having to
encumber these funds, I think a delay would potentially kill the ability to even use
those funds. So, what we would be requesting is that you would approve the
amount as listed, but that eighty thousand dollars ($80,000) would come as a
separate budget amendment to put money back into the Unassigned Fund Balance
from which we took it.
Mr. Chock: So, just for clarification, we are talking about
the two (2), number 2 and number 3, the two (2) Bills here before us. They are sort
of related. The request was to look from within where you might find those funds
COUNCIL MEETING 71 APRIL 23, 2014
and just some explanation as to the first Bill and the second Bill. Any questions
regarding this of Steve? Councilmember Kagawa.
Mr. Kagawa: Thank you, Chair. So, on the first Bill for
seven hundred thousand dollars ($700,000), you are saying that five hundred sixty
thousand dollars ($560,000) was supposedly in the budget, but it lapsed?
Mr. Hunt: Correct.
Mr. Kagawa: In the previous budget we should have
encumbered it?
Mr. Hunt: Correct, it was a Fiscal Year 2013 budget
line item and the funds were what we call, "pre-encumbered" and because they were
only pre-encumbered and not fully encumbered before the end of the fiscal, they
lapsed in July.
Mr. Kagawa: So, basically, we are not spending more. I
mean, the five hundred sixty thousand dollars ($560,000) was appropriated for the
purpose. We just did not.
Mr. Hunt: It is a no blood for the five hundred sixty
thousand dollars ($560,000) because it was money that essentially helped create
additional fund balance. We would have been five hundred sixty thousand dollars
($560,000) less in fund balance had we been able to encumber those funds and get
the contract out timely.
Mr. Kagawa: But the four hundred and forty thousand
dollars ($440,000) out of the...
Mr. Hunt: Is an additional.
Mr. Kagawa: Is an additional...
Mr. Hunt: Request.
Mr. Kagawa: Due to unexpected...
Mr. Hunt: Higher volume and unexpected costs.
Correct.
Mr. Kagawa: I think in the Committee, Councilmember
Hooser asked if there were any moneys within the Solid Waste accounts because
that is a huge budget, right? How much million is that Solid Waste budget if we
add it all up?
Mr. Hunt: Off the top of my head, about fifteen million
dollars ($15,000,000) maybe.
Mr. Kagawa: About fifteen million dollars ($15,000,000).
Chair Furfaro: Fifteen million seven hundred twenty
thousand dollars ($15,720,000).
COUNCIL MEETING 72 APRIL 23, 2014
Mr. Kagawa: So, out of that fifteen million seven hundred
twenty thousand dollars ($15,720,000), you could not find any moneys within the
budget going forward end to June 30th? Cannot find one dollar ($1) or one hundred
thousand dollars ($100,000)?
Mr. Hunt: Ironically, the moneys that are coming in
that we are asking to put back into are not coming from the Solid Waste Fund.
They are actually coming from...they are General Fund moneys that are helping
support the Sewer Fund. We found about fifty thousand dollars ($50,000) in salary
savings that we recognize now that we can put back into because it is supported by
General Fund. So, we will put it back into the Unassigned Fund Balance by
reducing the appropriation from General Fund to the Sewer Fund and then the
other one is coming from the salary adjustments which is the Finance
Administration. We anticipate only encumbering about sixty-five thousand dollars
($65,000) to seventy thousand dollars ($70,000) of that before the end of this fiscal
year. So, there is about thirty thousand dollars ($30,000) in excess that we can
move early back into the Unassigned Fund Balance.
Mr. Kagawa: But that does not reduce the amounts
requested for these two (2) Bills?
Mr. Hunt: In a sense, it would be the five hundred
thousand dollars ($500,000), the second Bill is what we are looking to knock it down
from five hundred thousand dollars ($500,000) to four hundred twenty thousand
dollars ($420,000) by refunding eighty thousand dollars ($80,000) that we are
taking from Unassigned Fund Balance now, much like we did when we did the
adjustments for Collective Bargaining. We took from the fund and then we put
back to the fund.
Mr. Kagawa: I would like to thank you, Steve. I mean,
that is the kind of...I think, if Councilmember Hooser's statements saved us eighty
thousand dollars ($80,000) in one (1) week it is a good statement and I thank you
for looking in the various Departments. I think if we did not mention it, then we
may not even look and we would let those moneys lapse. So, thank you for finding
those moneys. I am hoping that we do not get these kind of surprises in future
budgets. I think it is tough especially when we are broke. If we had a big surplus,
it is not much of a problem, but hopefully we can be more accountable and
encumber those moneys when we should and what have you. So, thank you. Thank
you, Chair.
Chair Furfaro: So, as I mentioned, the fifteen million seven
hundred thousand dollars ($15,700,000), I said this the other day in our meetings
here on the budget. The strain that Solid Waste is putting on our General Fund is
extremely, extremely serious to me and this is what I painted. Four (4) years ago,
Solid Waste operation was twelve million two hundred thousand dollars
($12,200,000) and we took seven million nine hundred thousand dollars ($7,900,000)
from the General Fund to supplement Solid Waste. Today, Solid Waste, fifteen
million seven hundred twenty-five thousand dollars ($15,725,000). The good news
is we only took seven hundred seventy thousand dollars ($770,000) from the
General Fund to cover that because we have had other revenue sources, but that is
what I want the Solid Waste guys to start really understanding because all of these
things we are doing, moneys we are finding, fees we are increasing, and so forth, all
they are doing is offsetting the growth of the cost to operate Solid Waste Fund
without touching more money from the General Fund. The General Fund is the one
COUNCIL MEETING 73 APRIL 23, 2014
I am most concerned with as we get to close to hearing about out bond rating. They
will look at that and they will see that there is no fund balances left to do this and
the fact that we have grown three million four hundred thousand dollars
($3,400,000) in operating costs in four (4) years for Solid Waste, that is scary. That
is a huge growth in cost. The only silver lining on that is we are not touching more
money from General Funds. I really want Solid Waste to know that. I mean, I will
be supporting this and the other thing I want to ask you is, I want you to anticipate
if you are going to have any extra money. I do not care if it is thirty thousand
dollars ($30,000) from Council Services. We should be thrown in the hat too. So,
could you look if we are going to get to a point where there is a little available
money there too? Thank you.
Mr. Chock: Any further discussion? Councilmember
Hooser.
Mr. Hooser: Sure, and I want to thank the Finance
Director also for digging a little deeper and finding the eighty thousand dollars
($80,000). If I heard you correctly, that came from what offices or Departments?
Mr. Hunt: From my own, Finance Administration. I
have what is called a "salary adjustment" line which covers emergency hire, 89-day
contracts, currently covering some of the summer hires, and there is also some
payroll adjustments that when we did some of the calculations for Fiscal year 2015
that there was actually some steps that were missed for individual employees as
Personnel went through each record individually and that is going to hit this
account. So, I estimate between sixty-five thousand dollars ($65,000) and seventy
thousand dollars ($70,000) of the one hundred thousand dollars ($100,000) will be
encumbered by the end of this fiscal to cover those items. So, I have a thirty
thousand dollars ($30,000) balance that I am willing to move over now, well,
actually now when I create the, with the help of Jay who is helping me on this,
create the Money Bill that would replenish that in the Unassigned Fund Balance.
Mr. Hooser: So, it is a Finance Administration and then
Public Works?
Mr. Hunt: Then Public Works is from their Sewer
Fund. They have estimated salary savings, fifty thousand dollars ($50,000) that
they were prepared to move back as well. Again, it is a Sewer Fund. Typically,
funds if it were only moneys that were provide by Sewer Funds, it would not be able
to be transferred, but because General Fund, at least in Fiscal Year 2014 is
supporting the Sewer Fund, we can reduce the contribution from General Fund to
Sewer Fund and put that money back into the Unassigned Fund Balance.
Mr. Hooser: I appreciate it. I sincerely do. You are
looking into your own budget and in the spirit of the situation we are in helping us
out here and helping the County out. I would imagine that if you have a little bit
more time you could look in other areas and find additional funds if in fact...yes. I
mean, everyone has some additional funds probably I would think.
Mr. Hunt: Really, what we are talking about is funds
that if they are additional, will return to Fund Balance at some point anyway. They
will return to Unassigned Fund Balance if they are not encumbered or used. We
are just kind of preempting that and doing it now. The realty is when we budget
COUNCIL MEETING 74 APRIL 23, 2014
closer to actuals those fund balances will continue to...or the lapses I should say,
will continue to be smaller and smaller.
Mr. Hooser: Besides the high cost, which the Chair
pointed out and the increasing costs, the issue just as you say at budgeting is in
some ways a bigger issue. With the exception, I mean, one could argue we could
carve out the lapsed funds, but it still leaves six hundred forty thousand dollars
($640,000) that appear to be under-budgeted and that is a problem as well, as well
as the increasing costs, that is the under-budgeting. I appreciate the eighty
thousand dollars ($80,000) that you found, but still, we still have to do much better.
I know you do not run Solid Waste and Public Works. So, thank you.
Mr. Chock: Chair, if I could do just a follow-up, Chair. I
think what would be good to share is the implication of the process that we are
looking at because the discussion that we had this morning is well, we should be
looking everywhere for these funds, but in the cautious of how it affects our bond
rating. Would you be able to speak to that?
Mr. Hunt: Absolutely. If the discussions we are having
right now about getting very, very tight on budgeting, we were sitting on fifteen
million dollars ($15,000,000), eighteen million dollars ($18,000,000) in Reserve
Fund Balance, very appropriate to be having, but if we are in the point that we have
been using, depleting fund balance and we are looking at these types of adjustments
to get by we are not in a sustainable budget, it is going to catch up to us, and the
rating companies look both in terms of your ability to have a sustainable operating
budget where revenues and expenditures are in line as well as a healthy fund
balance. So, although we have been lapsing, that in the bond rating agency is not a
bad thing. When you are lapsing moneys and you have tremendous bond, then
certainly, I am sorry, fund balance, then you are over taxing your citizens. You are
carrying balances you do not need to carry, but there is a fine line between cutting
it too thin and being too fat so we need to make sure that what we are doing
operationally is sustainable as well as having a plan towards building fund balances
in the right areas.
Mr. Chock: Thank you. Council Chair.
Chair Furfaro: Yes. Touching on the fund balances, I think
in my conference call with your staff, I anticipate that we are going to get a
downgrade in our rating. I think what you just said it true. We should be carrying
a County like this, we should be carrying about a fifteen million dollars
($15,000,000) fund balance that will make the agencies happy. That is our target
and we have to figure out a way to get back there. The staff needs to know when we
go through surplus as fast as we have because either we are dragging long-term
maintenance plans or we do not have the right information from our consultants
about what we should do and we cannot share that quick enough, this is the kind of
situation we find ourselves. So, our plan needs to be able to replenish those fund
balances. The other thing I want to know is when it comes down to these funds
lapsing, the five hundred sixty thousand dollars ($560,000) I believe it was. Steve,
what happened to us? How did that happen, that they did not lock onto that? So,
you are not sitting here asking us for seven hundred thousand dollars ($700,000),
that you should be sitting here asking for one hundred sixty thousand dollars
($160,000). How did that happen to us?
COUNCIL MEETING 75 APRIL 23, 2014
Mr. Hunt: That is something that Public Works, the
management and fiscal are looking at how that happened and how we prevent that
from happening again.
Chair Furfaro: Okay. So, when we get to a point maybe just
before we look at this, finalizing the budget, maybe somebody can share that with
me because I would sure like to know. Thank you, Vice Chair.
Mr. Chock: Councilmember Yukimura.
Ms. Yukimura: I would like to know too. I had this very
deep concern, I believe it is a management issue, and I am going to vote for it today,
but if anything like this happens again you cannot count on my vote.
Mr. Chock: Councilmember Hooser.
Mr. Hooser: Yes, just to reiterate, I think, where the
Chair was going and fund balances. It is not all about revenue of course. We have
to reduce spending and again, I appreciate you digging and finding eighty thousand
dollars ($80,000) to find some additional revenue, not revenue, but additional funds,
but we need to squeeze these requests and I do not get the feeling that they are
being squeezed. I believe that they are coming, this is...and maybe the people that
are expressing the need for the funds believe they need them, but we do not have
them and you cannot just squeeze money from a turnip, and that seems to be what
we are doing. If something...if we had another Lehman Brothers Holdings Inc.
meltdown or another hurricane or something bad, we do not have any reserves. Our
bond rating could drop and we just keep spending money. I think it has to stop. We
just cannot have everything that we want. As much as I would like to have it all
also, we just cannot. Thank you.
Mr. Chock: Further questions? No?
Mr. Hunt: Thank you.
Mr. Chock: Thank you, Mr. Hunt for your answers.
Thank you, Steve. Anyone would like to testify on this item?
There being no one to provide testimony, the meeting was called back to
order, and proceeded as follows:
Mr. Chock: Further discussion? Councilmember
Kagawa.
Mr. Kagawa: Thank you, Chair. In the last budget
meeting we had with Solid Waste we discussed, the Chair, discussed the increase of
the Solid Waste budget in total what, four million dollars ($4,000,000) increase?
Chair Furfaro: Three million eight hundred thousand
dollars ($3,800,000).
Mr. Kagawa: Three million eight hundred thousand
dollars ($3,800,000), and for the three million eight hundred thousand dollars
($3,800,000) I asked them to please respond telling me why or what caused the
three million eight hundred thousand dollars ($3,800,000) increase to the
COUNCIL MEETING 76 APRIL 23, 2014
community. We will see what that response is, but it comes down to when you have
a big budget like fifteen million seven hundred thousand dollars ($15,700,000), you
need to be accountable. You need to manage the budget. You cannot...we are no
longer in the days when you can just spend all of the money and just come with a
five hundred thousand dollars ($500,000) or seven hundred fifty thousand dollars
($750,000) request late in the end of the year and expect that we will just say that
the Council, if approve it fine, if you do not approve it, well, we are going to take
away all of those recycle bins and the community will not have any place to bring
their recyclables. I mean, that is like backing the Council into a corner. We want to
promote recycling. We want to promote community contributions. Certainly, we do
not want to take away the recycle bins, but the problem is we need to just, like
Councilmember Yukimura said, we need to manage the Department better. We
need to see where we are. We need to manage our expenses. It is not an endless
pot of gold for this County. We are broke. Nobody wants to pay any more in any
service right now. The economy is tough. You folks all see it. Middle class people
are like the poor class now. It is tough. Everything is expensive and I think when
you have one of the budgets budgets in the County, you owe it to the taxpayers to
try and be accountable and same thing goes for the Police and Fire. I mean, they
cannot just keep increasing their budgets. I mean, everybody has to stop and try
and control the spending because I tell you, the County cannot handle continuing
surprise like this. It will be very tough going forward unless we start being more
accountable, start spending wisely, and start cutting those costs that do not make
sense. I know we have some of that going on where we can make those
adjustments. Thank you, Chair.
Mr. Chock: Further discussion? Councilmember
Yukimura.
Ms. Yukimura: Of the three million eight hundred thousand
dollars ($3,800,000) that Chair Furfaro has identified as the growth...
Chair Furfaro: In four (4) years.
Ms. Yukimura: ...in four (4) years, two million dollars
($2,000,000) of that is for an avoidable mistake and that is what we cannot afford.
If it is for services that we need, and I know that we have to expand our recycling
and we have to expand our diversion. I am willing to pay more to do those things
because in the long run fi we have a sustainable zero waste system, I believe the
cost will be lower ultimately, but I do not believe we should...and that is why it is so
hard to raise fee on people when part of it is to pay for mistakes that could have
been avoided. That is what for me, is the hardest thing. I have begged the
Administration to look at this issue and to handle and deal with it because it is not
something that is the Council's kuleana. So, we need to see some change there.
Mr. Chock: Council Chair.
Chair Furfaro: Also, I would like to know, Mr. Kagawa,
through my office has sent over the questions he referred to, but I also want to point
out to Solid Waste that I would like a little bit more kokua there because I sent over
questions over the last year, and I do not think I have gotten an answer. In that
three million seven hundred thousand dollars ($3,700,000) please reconcile for us
Solid Waste expenses that are related to our curbside recycling, containers
purchased, equipment purchased, and so forth so we can obtain that and then in the
business world, you would be able to say, we invested in this equipment, these
COUNCIL MEETING 77 APRIL 23, 2014
containers and so forth because on our ROI, which is a Return On Investment, is in
the future. We are saying x amount of dollars with overtime, we are saving x
amount of dollars with drivers, and so forth. From my standpoint as a business
person, I did not see that. I think Mr. Kagawa was on target with his questions, but
please explain that to us in some detail when you respond to Mr. Kagawa. Thank
you very much, Vice Chair.
Mr. Chock: Councilmember Hooser.
Mr. Hooser: Yes, just brief final comments. I voted "no"
on both of these Bills in Committee and I appreciate the Finance Director's
additional explanation. I feel a little bit better about Bill No. 2534, being reminded
that a large part of that money was lapsed funds and then they are going to seek
out eighty thousand dollars ($80,000) to replenish the funds. So, it almost but not
quite makes it whole for me, but I am still really struggling with the rest of it. I
think we just have to start, what do you call it? Tough love or whatever, but the
Administration just has to stop asking for money and have to figure out a way to
work within their budgets that they have now because that is the reality that our
County is facing and we are facing it in the budget. We are going to be approving it
in the new future, and even more so now, on a budget that has already been
approved and passed. I really think that the Administration needs to get the
message long and clear that they need to start telling themselves "no" and when
they refuse to that or are unable to do that, then we have to start exercising that
prerogative a little bit more frequently. Thank you.
Mr. Chock: Just to clarify, the eighty thousand dollars
($80,000) is referring to this second Bill that we have not discussed yet. I just
wanted to be sure. Maybe it will affect your vote. Anyone else would like to discuss
this? Councilmember Rapozo.
Mr. Rapozo: I guess we are going to take up the second
Bill because that, I believe, is part of the operations of Solid Waste, right, but there
is also the liner issue that is an unexpected expense and so forth? I would agree
with everyone really, today that I do not know how to stop this practice from
continuing. I am troubled as well and I know a week was not really a lot of time for
Steve to go and find the money, but I believe that the money is there throughout the
Departments. I hear from some of the employees of Solid Waste, there is, and I
have told this, I think, to the Mayor and maybe even Larry, that the best resources
for making your operation efficient, like even here in the Council, would be to ask
your staff, the people that are working it every day. Hey, what can you do to make
this place more efficient, and they would tell you. Same with Solid Waste. We have
some issues in Solid Waste with overtime. I mean, I think you folks seen the
numbers. It is incredible. Some adjustments that I am not sure if it was made. I
mean, are we still hauling the green waste on the day that...there was an
opportunity several months ago. If we move the green waste hauling to the day
that you have all of that overlap, you would not have to pay the overtime. Are we
still hauling green waste on the weekends? Yes, we still are. So, that was a
suggestion made, it has to be a year ago now.
Chair Furfaro: Two (2).
Mr. Rapozo: Two (2) years ago? And that came from the
field. If you did the green waste hauling on Tuesday or Wednesday, whatever day it
is where they have that overlaps that you have all of these people at the Lihu`e
COUNCIL MEETING 78 APRIL 23, 2014
Transfer Station. If you use that day to haul, then you would not be paying the
outrageous overtime on weekends for hauling green waste. I guess I am seeing that
was never changed or addressed. So, I struggle with this as well, but there has to
be, and maybe tough love is the word, Mr. Hooser. I do not know what you call it,
but we cannot continue to...like in football. The person keeps throwing the pass
and eventually it gets intercepted, you say, "You now what? You went to the well
one (1) too many times" and I think that is kind of how I feel, is that we are such a
huge accommodating, nice, and polite safety net that we are not getting it done. So,
I think if this Bill does not pass today, then it forces the Administration to go now
beyond the eighty thousand dollars ($80,000). If they found eighty thousand dollars
($80,000) between two (2) Departments, they should be able to find more. I just
heard Mr. Chair offer up and other thirty thousand dollars ($30,000) from our office.
That is one hundred ten thousand dollars ($110,000). I think with a little bit more
looking, they can reach the goal, but something has to be done throughout the year
to make these corrections. It may mean taking overtime away from certain
employees, but we are not here as an employment agency. We are here as an
organization to provide core functions, and core services to the community and we
have to do that. As we get in tougher times, our hole that we have dug over the
years is pretty deep right now and it is getting harder and harder to get out. We
keep creating a bigger problem when we allow it to happen. So, I do not think I will
be supporting this today and I would just encourage the Administration, and I
appreciate Steve going out looking, but I think the money is there and that is the
direction we need to take. Thank you.
Mr. Chock: Thank you for the discussion. If there is no
further...
Chair Furfaro: I have one (1) more piece.
Mr. Chock: Okay, please.
Chair Furfaro: I want to say that the five hundred sixty
thousand dollars ($560,000) is money that should have been a part of the carryover
and we have to really operationally fix that. We have to know who is accountable
for that, and between the eighty thousand dollars ($80,000) and maybe thirty
thousand dollars ($30,000) form the Council, we are at one hundred twenty
thousand dollars ($120,000). So, we are almost there and I would like to say that I
will support this, this time around as JoAnn said, but we have nothing to go to the
next time around, please understand. We have a serious issue with the growth here
and the answers that I am looking for in the variance about the cost of going into
recycling is very important. So, sharpen your pencils and tell us what those
impacts were in those various variables. I will be supporting this and I would ask
that you do support it as well. Thank you.
Mr. Chock: There is a huge amount of room for an
opportunity for building capacity. So, I look forward to seeing that and at this
point, we will call a roll call for this.
Ms. Fountain-Tanigawa: We have a motion and a second to approve.
COUNCIL MEETING 79 APRIL 23, 2014
The motion to adopt Bill No. 2534 on second and final reading was then put,
and carried by the following vote:
FOR ADOPTION: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5*,
AGAINST ADOPTION: Rapozo TOTAL— 1,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
(*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai,
Councilmember Hooser is noted as voting silent, but shall be recorded as an
affirmative for the motion.)
Chair Furfaro: That makes four (4) yeses, one (1) silent, and
one (1) no. The Bill passes.
Mr. Chock: Thank you, and at this time, I will turn over
the next Bill.
Chair Furfaro: Oh, why do you not keep running it? I might
actually step out again.
Mr. Chock: Okay. Sure. Thank you. We will move to
the next Bill, please.
Bill No. 2535 — 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 AND SOLID WASTE DISPOSAL FUND
(Solid Waste Disposal Fund, Solid Waste Disposal— Other Services - $500,000)
Mr. Chock: Thank you. Different Bill, same story.
Would you like to ask questions about the liner? We do have Mr. Dill and
Mr. Tanigawa in the audience there. I thought there were questions, no? If not,
then we will move forward. Councilmembers, discussion on this item?
Ms. Yukimura moved to adopt Bill No. 2535 on second and final reading,
seconded by Mr. Kagawa.
Mr. Chock: Thank you. Further discussion before we
vote?
Mr. Kagawa: Yes.
Mr. Chock: Okay. Please.
Mr. Kagawa: Again, it seems like Steve has been used as
the...I mean, they have asked Steve to get this Bill approved and there are
consequences if we do not approve it. I think this one is with the waste
management contract, part of it, and the liner. If we do not approve it, then we
jeopardize our landfill being out of compliance. Really, I feel stuck again being
almost forced to approve it or else there is serious consequences. So, I do not know
COUNCIL MEETING 80 APRIL 23, 2014
how we fix this, but let us look forward to brighter days. It can only get brighter.
Thank you.
Mr. Chock: Anyone else would like to comment on this
item? Chair.
Chair Furfaro: I am along the same lines as Mr. Kagawa.
This is really an emergency action that is dealing with possibilities of
environmental issues for leach aid and other problems. I want to make sure that
the Solid Waste Department understands that I have confidence in them that they
are going to take care of this piece, but please understand overall, if there are
quarterly inspections required and test reports on items like this that deal with
community wellness, you have to respond quicker and I will be supporting this Bill.
Thank you.
Mr. Chock: Councilmember Hooser.
Mr. Hooser: I am not going to be supporting this. I
believe that Solid Waste have funds that they could spend on this today. It may be
short next month after that as a result, but I believe they could spend the funds
they need for the emergency portion, certainly, and for all of the other reasons that I
spoke about earlier. I split the difference. As you know, I voted silently for the first
one. It will be a no for this one.
Mr. Chock: Thank you. Anyone else? Seeing none...oh.
Go ahead.
Ms. Yukimura: I just want to reiterate that I mean, this is, I
think, another issue with not anticipating properly and at least with respect waste
management, we should have known our contract. I am again, deeply troubled by
not being on top of it and I am going to vote for it because I believe in paying our
bills and I want to support our Solid Waste efforts, but if this comes around again, I
am going to be really hard pressed to vote again.
Mr. Chock: I feel the same way. If not other discussion,
roll call, please.
The motion to adopt Bill No. 2535 on second and final reading was then put,
and carried by the following vote:
FOR ADOPTION: Chock, Kagawa, Yukimura, Furfaro TOTAL— 4,
AGAINST ADOPTION: Hooser, Rapozo TOTAL— 2,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: 4:2. Passes.
Mr. Chock: 4:2. Thank you. Motion passes. Next item,
please.
Bill No. 2536 — 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
COUNCIL MEETING 81 APRIL 23, 2014
ESTIMATED IN THE GENERAL FUND (Department of Finance —Administration,
Special Projects—Kauai Humane Society (Cat Licensing Fees) - $10,000)
(Council Chair Furfaro was noted as not present.)
Mr. Chock: Thank you. I need a motion to approve here.
Ms. Yukimura moved to adopt Bill No. 2536 on second and final reading,
seconded by Mr. Kagawa.
Mr. Chock: Good, for discussion. Anyone would like to
speak on this item? Seeing none...okay. For discussion.
Mr. Rapozo: I am not sure, we sent over some
correspondence regarding the procurement. I am not sure what the status of that
is. I know we did request, as far as the legality of adding in the cat services to the
contract based on the preliminary response we got from the State Procurement
Office. So, I am not sure what the status is, but I am not prepared to vote for this
until we get a response from them because I still believe that anything over and
beyond what the State requires the County to contract with the Kaua`i Humane
Society, I believe should go through the procurement process. So, I do not know. I
mean, I know...I think Jade, maybe you can help me. I know we sent something
out, but we have not had a response yet.
(Council Chair Furfaro was noted as present.)
Mr. Chock: We have not had a response. Steve, do you
have anything else to add on that? I know we had a short discussion at budget.
There being no objections, the rules were suspended.
Mr. Hunt: Steve Hunt, Director of Finance, for the
record. Yes, unfortunately Councilmember Rapozo was not here for the discussion
on Kaua`i Humane Society for the call-back, but as you are aware, they continue to
operate at a deficit and the moneys that are given to the Kaua`i Humane Society are
in the form of a grant. It is not a bid service and Kaua`i Humane Society, through
Hawai`i Revised Statutes (HRS), is the sole beneficiary of that grant as the only one
currently to provide those services. In an effort to offset some of their deficit, we
moved the dog licensing and now the cat licensing to the Kaua`i Humane Society to
manage. It was a function that was done by the Administration by Motor Vehicle
Registration for the dog licensing. Of course cat licensing is new. This Bill is
merely a means by which we created an expense item to refund them for the
moneys that are collected for that. A similar Bill was passed earlier related to the
dog licensing.
Mr. Chock: Thank you. For the sake of Councilmember
Rapozo and his request to have more time, I know that we might be waiting for a
formal response from Kaua`i Humane Society or actually, sorry.
Mr. Rapozo: The Procurement Office.
Mr. Chock: The Procurement Office, yes. I wanted to
put it out there as an option that we consider this and defer it or we can have more
discussion on it.
COUNCIL MEETING 82 APRIL 23, 2014
Ms. Yukimura: To me, and I heard that the Bill that was
going to take out the designation of the statute of Kauai Humane Society died. So,
they are still designated by statute. So, I do not know that there is anybody else
you can procure services from. So, that is one (1) thing, I think, we should consider.
My understanding is this is really just an accounting issue, but I guess we could ask
Steve how urgent the matter is too.
Mr. Hunt: Again, it is something that the Kaua`i
Humane Society has started collecting on and will be remitting to Director of
Finance and the General Fund, those revenues from the cat licenses, but they are
not currently being reimbursed for that. It is not purely revenue. They actually
provide the tags. They are purchasing the materials, taking the registration, and
providing all of the work that goes behind with the staff that they have. So, part of
that is utilization of the exiting staff to a better capacity, some of their down time.
So, we have shifted on the...I guess, the positive side for us, which has reduced
some of the services that we have had to provide at Motor Vehicle Registration. We
have long enough lines as it is at the counter.
• Ms. Yukimura: Right.
Mr. Hunt: So, by moving the dog licensing and now the
cat licensing to them, including the administration of the program and the cost, I
am not necessarily certain that this would have to be something that would be a bid
item and a procurement issue, but I have not had the opportunity to meet with legal
nor Ernie Barreira to discuss the length of that. Also, I think the amount, given
that it is a ten thousand dollars ($10,000) adjustment line item, may put it below
something that would require procurement.
Ms. Yukimura: So, what you are pointing out is that the
Kaua`i Humane Society is not just receiving ten thousand dollars ($10,000). They
are actually performing the administrative services of collecting it?
Mr. Hunt: And more important than that, the ten
thousand dollars ($10,000) is just a budgeted line item. They may not even receive
that in revenue. I think they shared some numbers that the cats that they have
licensed, which is far short of what they may actually anticipate for the remainder
of fiscal year. We are just providing that allowance. We did not want to under
budget and not have the expense line item to...if they maximize their cat licensing
program and we did not have the line item for an expense item to reimburse them.
Then we would be coming back again for another budget.
Ms. Yukimura: I mean, I know there has been a suggestion
that pet shops and veterinarians could license. That may be true and I think they
can at least voluntarily have information about the licensing requirements, but you
really need a centralized agency that takes responsibility and...
Mr. Hunt: Because who is buying the tags, coordinating
the numbers, and all?
Ms. Yukimura: Right.
Mr. Hunt: If you are doing it at every individual branch
or pet shop or convenience...it would be like satellite County Services, which we do
not offer, by the way.
COUNCIL MEETING 83 APRIL 23, 2014
Ms. Yukimura: Yes. I mean, to me, that clarifies that there
is not really either legally or logistically available a real viable alternative to the
Kaua`i Humane Society for this function. So, I think we can still clear up the
question, but...well, right now I am feeling like we should just move ahead and
vote.
Mr. Hunt: And if it were not being performed by them,
it would be performed by us, frankly. I mean, we would be centralizing and doing
that. So, they are providing somewhat of a service for us by taking on that
responsibility.
Ms. Yukimura: Right. Thank you.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Mr. Chock: Councilmember Rapozo.
Mr. Rapozo: I guess the first thing is HRS only addressed
dogs and not cats. So, the HRS statute has nothing to do with the cat programs or
the cat issues. It is just absolutely irrelevant because it is specifically dogs. The
second thing is, it is like I use the analogy or the example of bicycle licenses. Those
licenses are purchases by Walmart. Walmart does not buy their own tags to tag the
bikes. They get the tags from the County. They sell the tags. I do not know why
we are allowing the Kaua`i Humane Society to go out and buy their own tags. It
should be a County tag and that is how it should be. Anybody should be able to...I
mean, you say one (1) central location is great, but tell that to the person that lives
in Kilauea, that could stop at the vet in Kilauea or the vet in Kapa'a or the pet
store. Tell that person, "No, you take your one (1) cat all the way to Kiipu. Go
through that Kapa'a stink traffic all the way to K`ipu and go buy your little cat tag."
It makes no sense. I mean, we are talking about traffic, we are talking about all of
these issues, and we are making it more inconvenient. I will tell you what the
person in Kilauea is going to do. Chances are they are not going to buy a license.
That is not...I mean, so anyway, I am just saying that I have some questions about
the procurement issue. I am okay if you vote for it today. I am not supporting it
because I am not ready, but I would not ask for a deferral. I would actually call for
the question and just get it done with.
Mr. Chock: Okay. You would like to respond as well?
Ms. Yukimura: Well, I just want to say that as the Kauai
Humane Society gets established in its procedures, licenses, and et cetera, they
could work with satellite groups, but you are still going to need someone
administratively centralized and I think it is to our advantage to have them do it
rather than our County offices.
Mr. Chock: Anyone else would like to speak on this,
discuss this item? Chair.
Chair Furfaro: Yes, I just want you to know, maybe I am not
know for this, but I have a blue Schwinn, bicycle, and I got my tag through Sears.
So, the piece works, but I think for me, the bigger question is we are getting at an
allocated number that somebody should really calculate this contribution from the
County and as it relates to our requirement by the law, it is getting to a point that
COUNCIL MEETING 84 APRIL 23, 2014
we need to find some balance and that is Mr. Rapozo's point, I think. So, let us all
keep that in mind going forward.
Mr. Chock: Chair, where would that be directed if we
were to have a continued discussion. I mean, I understand we will move on this
today and we will receive more information, but whose lap would that fall into to
continue this interest?
Chair Furfaro: Well, I would think we would look towards
Finance through a communication and the communication would basically say, do
us a performa and what our obligations are versus contract services or even versus
the County operating. I am not promoting it one way or the other, but I think the
feasibility study is something we should actually ask ourselves about.
Mr. Chock: Thank you. Councilmember Rapozo.
Mr. Rapozo: I will use the bikes again, no, because it
makes sense, Mr. Chair. Because if you had to take your bike all the way to Kipu to
go register your bike, you would not do it. I mean, it just makes no sense. You
might, but Walmart, Sears, or whoever sells...all the bike shops on the island, they
buy the tickets, the stickers, from the County, right? So that is...I mean, you go in
and so they go buy whatever, fifty (5) tickets, tags, and they will pay the County,
and then they go and they administer the program in their respective stores. The
County is not running the program. The County is selling them the tags, and that
is what the County does. All of the registrations, all of that is done at the store you
buy the bike and all I am saying is it makes so much sense that the pet shops and
the veterinarians would be the place where you would get it. If you want maximum
participation because it was that important for us to pass the law, then you would
want to see it. You would want to see the purpose of the law fulfilled. We are
beating a dead horse now.
Mr. Chock: That is well taken. Thank you. My hope so
we become more efficient in managing our cats moving forward. This is a Bill for
Second Reading. Can we have a roll call for this, please?
Mr. Kagawa: More discussion?
Mr. Chock: Oh, I am so sorry you have more discussion?
Go ahead Councilmember Kagawa.
Mr. Kagawa: Thank you, Chair. I just again, as I went to
the last Waimea baseball game against Kaua`i High. The lady stopped me. She
always stops me and checks on her Hanapepe Stadium restroom. A good friend of a
lot of the Councilmembers. She dances bon dance, but anyway, she just said, "You
folks do not know that there is a big difference between a cat and a dog" in talking
about the licenses. I remember when Councilmember Rapozo talked about the long
rides. My cat hated to ride in the car. I think that is where the cats and dogs are
really different. My cat used to go crazy. I mean, actually, bite the cage and just
did not like that car ride. If I lived in Hanapepe and I had to bring my cat to Puhi,
that cat might kill itself because it does not like that car ride. So, I mean, I am
really curious as to see how this cat license is going to work out. A lot of owners are
already telling me they refuse to get their cats licensed. So, they are going to I
guess, illegally own their cats, but it passed. I think we have to help Steve help us
COUNCIL MEETING 85 APRIL 23, 2014
to enforce our own Ordinance by putting in this ten thousand dollars ($10,000). So,
I will be supporting it today. Thank you.
Mr. Chock: Thank you, Mr. Kagawa. Any further
discussion? If not, we will move to a roll call. Thank you.
The motion to adopt Bill No. 2536 on second and final reading was then put,
and carried by the following vote:
FOR ADOPTION: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST ADOPTION: Rapozo TOTAL— 1,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: 5:1. Bill passes.
Mr. Chock: Thank you. I think that ends our business
for second reading of our Bills. Chair, we have approval to move into Executive
Session for the remaining items.
Chair Furfaro: Okay, we had called up the County Attorney
and he read all of the items?
Mr. Chock: That is right.
Chair Furfaro: Okay, so we do not need to read that again.
Mr. Chock: And we disposed of ES-718 and ES-719. So,
we have two (2) more on the agenda to cover in Executive Session.
Chair Furfaro: Okay, very good. Why do we not do this, why
do we not say in ten (10) minutes, we will meet in the chambers to go into Executive
Session, and you actually took a roll call vote on all of those items? Very good. You
can hit the gavel and this...we do not have to come back out for any business? We
do? Okay, then, we will just hit the gavel to go into a recess for Executive Session.
Yes, you stay.
There being no objections, the Council recessed at 4:58 p.m.
The meeting was called back to order at 6:07 p.m., and proceeded as follows:
(Councilmember Chock was noted as excused.)
Chair Furfaro: Okay, we are back from our Executive
Session. I would look towards the members for a motion here and Jade, would you
read the item, please?
Ms. Fountain-Tanigawa: This is on page 4.
COMMUNICATION:
C 2014-125 Communication (04/17/2014) from the County Attorney,
requesting authorization to expend funds up to $15,000 to retain Special Counsel to
COUNCIL MEETING 86 APRIL 23, 2014
advise the Council concerning coverage under the County's insurance policy with
Everest National Insurance Company, in connection with the lawsuit Tim Bynum
vs. County of Kaua`i, et al., Civil No. CV12-00523 JMS-RLP (United States District
Court), and related matters: Ms. Yukimura moved to receive C 2014-125 for the
record, seconded by Mr. Hooser.
Chair Furfaro: Okay, there is a motion and a second to
receive this item. Any further discussion? Mr. Rapozo.
Mr. Rapozo: Yes, unfortunately JoAnn beat me to the
punch actually. I am not going to support the motion to receive. I believe that the
request for fifteen thousand dollars ($15,000) is reasonable considering the
circumstances in this case. The fact that I think that it would be best to have a
third party attorney in this case, basically, what we are looking for is we are looking
for an attorney to review the contract so that we can go after the attorney's fees that
we are going to have to pay after the insurance company settled the case with
Mr. Bynum. So, we were basically forced to accept their settlement, but yet, the tab
comes to the taxpayers and I think we have a fundamental problem or
disagreement with that. So, all this is, is to have a third party outside firm that
have no involvement in the case whatsoever, take a look and help us go after the
funds that are still accumulating today and it is probably up to about two hundred
seventy-five thousand dollars ($275,000) now, that we could have a Special Counsel
go after those funds for us from the insurance company. So, I will not be supporting
the receipt. I believe we should move forward, get Special Counsel, and that is it.
Thank you.
Chair Furfaro: Okay. Mr. Hooser and then Mr. Kagawa.
Mr. Hooser: Yes, thank you, Chair. I think it is
premature to engage Special Counsel and this County has a history of, I think,
engaging far too many Special Counsels and we need to do our due diligence ahead
of time with in-house staff to compile and get clear on all the receipts and get all of
our ducks in a row, so when and if we do engage Special Counsel we do in the most
efficient manner possible, but I think it is premature. Thank you.
Chair Furfaro: Mr. Kagawa.
Mr. Kagawa: Thank you. Like everyone else, I want to put
this case behind us, but I wanted the Special Counsel to be onboard. I think it is a
small price to pay for handling such an important issue. Everything that the
County Attorney has done regarding this case has basically turned sour and I have
no confidence in the County Attorney's Office handling anything to do with the
Bynum case. Thank you.
Chair Furfaro: Any further discussion?
Mr. Rapozo: I do have one (1), Mr. Chair, real quick.
What Mr. Hooser talked about the due diligence and the in-house, and I guess kind
of what Mr. Kagawa just talked about, we relied on that due diligence in-house for
the last, what is it? Year and a half, Mr. Chair? Is that how long this case has been
going on? We relied on the County Attorney's Office. I think your comments at the
call-back of the County Attorney's Office were spot on, Mr. Hooser. I agreed with
you one hundred percent (100%) and for us to recognize the lack of confidence from
most of us, if not all of us with the County Attorney's Office, a fact that we had been
COUNCIL MEETING 87 APRIL 23, 2014
what I believe mislead and what I believe misinformed or not communicated with
for over a year, to expect that same office to come back to us and give us the proper
advice after we know we have seen it, we have experienced it for a year and a half,
to go back to that well, it does not make any sense to me. It really does not make
any sense to me. So, I understand we need five (5) votes to approve Special Counsel
funds and I can count, but I will say that...I cannot remember the person that said
it. If you continue to do the same thing expecting different results, that is the
definition of insanity.
Ms. Yukimura: Einstein.
Mr. Rapozo: This is...Einstein said that? This is a perfect
example of going back to that well expecting a different result. Now, this has again,
no...it has not indication...I cannot remember the word or think of the word.
Ms. Yukimura: Reflection.
Mr. Rapozo: Reflection of Ms. Clark, Mona Clark, because
I think Ms. Mona Clark is a great attorney. The problem in all of this is it is not
Mona Clark's office, it is the County Attorney's Office, and that is who will be
assessing this. I just absolutely have no confidence. Thank you.
Mr. Hooser: Chair, can I?
Chair Furfaro: Go ahead.
Mr. Hooser: My second round if I could, and I just want to
respond to Councilmember Rapozo. He is absolutely correct. My remarks the other
day, I expressed a more or less complete lack of confidence in the County Attorney,
but I made it clear in those remarks that my lack of confidence is about the
leadership of the County Attorney's Office, not about the team. Certainly, the
Deputy County Attorney that is assigned to this particular issues, relatively
recently, has really demonstrated, I think, a new and more...a new approach that
gives me great confidence in her personally. I have complete confidence that she
will do a great job. I maintain my doubts about the leadership, but I have complete
confidence that the task that the Deputy County Attorney that will be working on
this. She is more than up to it, to do that due diligence need to prepare us for the
ultimate decision as to whether or not we need to hire Special Counsel. Thank you.
Ms. Yukimura: Question.
Chair Furfaro: You have a question?
Ms. Yukimura: No, I call for the question.
Chair Furfaro: Calls for the question. Okay.
Ms. Yukimura: Call for the question.
Mr. Rapozo: Because she want so go.
Ms. Yukimura: I want to go to the movies.
COUNCIL MEETING 88 APRIL 23, 2014
Chair Furfaro: Okay, you go to the movie, you called for the
question, I do not get to speak, and I will not speak and I will not vote.
Ms. Yukimura: No, Chair, go ahead. I was talking to the
other three (3).
Chair Furfaro: Okay, call for the vote.
The motion to receive C 2014-125 for the record was then put, and carried by
the following vote:
FOR RECEIPT: Hooser, Yukimura, Furfaro TOTAL — 2*,
AGAINST RECEIPT: Kagawa, Rapozo TOTAL — 2,
EXCUSED & NOT VOTING: Chock TOTAL— 1,
RECUSED & NOT VOTING: Bynum TOTAL— 1.
(*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai,
Council Chair Furfaro is noted as voting silent, but shall be recorded as an
affirmative for the motion.)
Ms. Fountain-Tanigawa: 3:2, motion fails.
Chair Furfaro: This meeting is adjourned.
ADJOURNMENT.
There being no further business, the Council Meeting adjourned at 6:14 p.m.
Res. -c • y -ubmitted,
E FO . TAIN-TANIGAWA
Depu i- ounty Clerk
:aa
ATTACHMENT 2
(April 23, 2014)
FLOOR AMENDMENT
Resolution No. 2014-29, Proposing a Charter Amendment Relating to Setting Golf
Course Fees
Introduced By: JOANN A. YUKIMURA
1. Amend Section 2 of Resolution No. 2014-29 to read as follows:
"SECTION 2. Article III, Section 3.10 of the Charter, as
[amendmended] amended, is hereby amended as follows:
"Section 3.10. Annual Budget and Capital Program. The council shall
enact an annual budget ordinance, which shall include both the
operational and capital expenditures for the fiscal year and the method
of financing same. The council shall provide sufficient revenues to
assure a balanced budget.
The council shall by ordinance fix the fees and charges for all services
rendered by the Wailua Golf Course, or it may by ordinance specifically
delegate this authority in part or as a whole to the executive branch as
it deems necessary or desirable."
(Material to be deleted is bracketed. New material is underscored.)
V:\AMENDMENTS\2014\Reso. No. 2014-29 AB_cy.doc
A$`h iii rP 1
(April 23, 2014)
FLOOR AMENDMENT
Resolution No. 2014-26, Relating to `Eiwa Street Traffic Modifications (Crosswalks,
Bus Stop, Shared Use Paths, One-Way Traffic Lane, and Intersection Modifications)
Introduced by: ROSS KAGAWA (By Request)
Amend Resolution No. 2014-26 as follows:
1) Amend the third Whereas paragraph to read as follows:
"WHEREAS, the County Engineer, based on planning, engineering,
and traffic investigation, is requesting the following:
• A crosswalk to be established at `Eiwa Street, approximately 240 feet
south of Hardy Street [and approximately 100 feet north of Rice
Street];
• A bus stop zone to be established on the west side of `Eiwa Street,
approximately 240 feet south of Hardy Street and continuing for
approximately 100 feet;
• Shared-use paths to be established on both sides of`Eiwa Street;
• The `Eiwa Street traffic lanes to be changed to a single, one-way lane
heading in the south direction from Hardy Street to Rice Street;
• A right turn only lane to be established at the `Eiwa Street and Rice
Street intersection from `Eiwa Street to Rice Street where, as a one-
way street, no turns shall be allowed from Rice Street to `Eiwa Street;
now, therefore,"
2) Amend Section 1 to read as follows:
"SECTION 1. [Pedestrian crosswalks are] A pedestrian crosswalk
is hereby established at `Eiwa Street as shown on the map which is attached
hereto as Exhibit "A" and incorporated herein by reference:
• Mid-block approximately 240 feet south of Hardy [Street;] Street.
[• Mid-block approximately 100 feet north of Rice Street.]"
3) Replace Exhibit "A" with the attached map.
(Material to be deleted is bracketed. New material to be added is underscored.)
(V:\Amendments\2014-Term\FA-Eiwa Street Traffic Modifications\RK-AO_lc.doc)