HomeMy WebLinkAbout01/16/2014 Council minutes COUNCIL MEETING
JANUARY 16, 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 Thursday, January 16, 2014 at 9:05 a.m., after which
the following members answered the call of the roll:
Honorable Mason K. Chock, Sr.
Honorable Gary L. Hooser (present at 9:07 a.m.)
Honorable Ross Kagawa
Honorable Mel Rapozo (excused 11:17 a.m. to 4:22 p.m.)
Honorable JoAnn A. Yukimura
Honorable Jay Furfaro
Excused: Honorable Tim Bynum
Chair Furfaro: I would like to indicate that Mr. Bynum has
submitted a letter of absence for today, as many of us were in Honolulu and had
conflicts with our schedule with the opening of the Legislature yesterday. I did not
hear from Mr. Hooser, so I am certain that he is in the building somewhere. Very
good. May I ask for an approval of today's agenda?
APPROVAL OF AGENDA.
Mr. Rapozo moved for approval of the agenda as circulated, seconded by
Mr. Kagawa, and carried by a vote of 6:0:2 (Mr. Bynum was excused and
Mr. Hooser was not present).
Chair Furfaro: I want to let you know that I may be
departing from the meeting at around 10:30 a.m. I will turn over the meeting to
Mr. Chock at that time, but I will not be gone for more than forty-five (45) minutes
or so. Mr. Clerk, I would like to have item "D" read, which is becoming my practice.
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).
RICKY WATANABE, County Clerk: Mr. Chair, we have one (1) person who
signed up for the Public Comment portion. His name is Bruce Hart.
Chair Furfaro: Thank you, Mr. Clerk. For those of you in
the audience, this rule was designed for people who had to have an exact time to
give some feedback, so this morning time was set aside. The fact of the matter is
COUNCIL MEETING 2 JANUARY 16, 2014
that if you choose to speak in these three (3) minute increments, you will not be
given time later in the agenda and there will be no question and answer from the
Councilmembers. We will accept your testimony at this time. We have one (1)
individual that wants to speak?
Mr. Watanabe: Yes, his name is Bruce Hart.
Chair Furfaro: Bruce, you may come up.
There being no objections, the rules were suspended.
BRUCE HART: Good morning to everyone. Thank you,
Council Chair, for letting me speak. I have conflicting appointments in the
afternoon. For the record, my name is Bruce Hart. The subject I would like to
speak on this morning is the "Barking Dog Ordinance." I am neither for nor against
the Barking Dog Ordinance. What I am for is what is commonly referred to as a
"Comprehensive Noise Ordinance" and it addresses all forms or types of noise. It is
used in other municipalities and cities throughout the mainland.
Chair Furfaro: Is that your delivery for us this morning,
Bruce?
Mr. Hart: Yes. About a year ago, I discussed this form
of ordinance, nuisance noise, and the key word is "nuisance." I discussed with
Councilmember Rapozo and I have since discussed it with Councilmember
Yukimura. I want to repeat that I am neither for nor against the Barking Dog
Ordinance; I am for it being included in what is commonly referred to as a
"Comprehensive Noise Ordinance." It addresses party noise and any type of
nuisance noise. You did say that there are no questions?
Chair Furfaro: No, there are to be no questions from the
Council.
Mr. Hart: Then I would like to close by saying
something. I think that it has taken a lot of courage on the part of
Councilmember Yukimura to introduce this Barking Dog Ordinance. It is a very
emotional issue for the community, but I do believe that it is needed and there are
other forms of noise that need to be addressed also.
Chair Furfaro: Thank you for your testimony this morning,
Bruce. Councilmember Yukimura needs to be acknowledged for introducing the
Ordinance and it will be in Mr. Rapozo's Committee when it comes to public
testimony on the item. Thank you very much.
Mr. Hart: Thank you very much.
Chair Furfaro: Is there anyone else today that would like to
speak on any item covered under our Council Rule 13(E)? If not, we will move on to
item "E", which is the acceptance and approval of previous minutes.
There being no objections, the meeting was called back to order, and
proceeded as follows:
COUNCIL MEETING 3 JANUARY 16, 2014
MINUTES of the following meetings of the Council:
July 5, 2012 Special Council Meeting
November 14, 2013 Special Council Meeting and Continued on
November 16, 2013 Special Council Meeting
December 4, 2013 Council Meeting
December 4, 2013 Public Hearing re: Bill No. 2509, Bill No. 2510, and
Bill No. 2511
December 17, 2013 Special Council Meeting
December 18, 2013 Public Hearing re: Bill No. 2512
Mr. Rapozo moved to approve the Minutes as circulated, seconded by
Mr. Chock, and carried by a vote of 6:0:1 (Mr. Bynum was excused).
Chair Furfaro: Thank you very much. Mr. Clerk, please
lead us to the Consent Calendar.
Mr. Watanabe: Okay.
CONSENT CALENDAR:
C 2014-01 Communication (12/17/2013) from Councilmember Hooser,
transmitting for Council consideration, proposed amendments to Chapter 5A,
Kaua`i County Code 1987, as amended, relating to Real Property Taxes, to extend
the deadline for homeowners to apply for the Home Preservation Tax Limit for tax
year 2014 from December 31, 2013 to August 31, 2014: Mr. Rapozo moved to receive
C 2014-01 for the record, seconded by Ms. Yukimura.
C 2014-02 Communication (12/23/2013) from the Director of Finance,
transmitting for Council consideration, proposed amendments to
Ordinance No. B-2013-753, as amended, relating to the Fiscal Year 2013-2014
Operating Budget, by Revising the Amounts Estimated in the Housing &
Community Development Revolving Fund. (Housing Agency Grant Funded
Bargaining Unit 13 Increases— $20,891): Mr. Rapozo moved to receive C 2014-02 for
the record, seconded by Ms. Yukimura.
C 2014-03 Communication (12/23/2013) from the Director of Finance,
transmitting for Council consideration, proposed amendments to
Ordinance No. B-2013-753, as amended, relating to the Fiscal Year 2013-2014
Operating Budget, by Revising the Amounts Estimated in the General Fund. (Fire
Department Bargaining Unit 11 Increases — $617,529): Mr. Rapozo moved to receive
C 2014-03 for the record, seconded by Ms. Yukimura.
C 2014-04 Communication (12/23/2013) from the Director of Finance,
transmitting for Council consideration, proposed amendments to
Ordinance No. B-2013-753, as amended, relating to the Fiscal Year 2013-2014
Operating Budget, by Revising the Amounts Estimated in the General Fund. (Police
Department Other Post Employment Benefits (OPEB) Replenishment Due to
Bargaining Unit 12 Increases — $987,606): Mr. Rapozo moved to receive C 2014-04
for the record, seconded by Ms. Yukimura.
C 2014-05 Communication (12/23/2013) from the Director of Finance,
transmitting for Council consideration, proposed amendments to
COUNCIL MEETING 4 JANUARY 16, 2014
Ordinance No. B-2013-753, as amended, relating to the Fiscal Year 2013-2014
Operating Budget, by Revising the Amounts Estimated in the General Fund.
(Committed Reserve Fund Replenishment Due to Bargaining Unit 12 Increases —
$561,864): Mr. Rapozo moved to receive C 2014-05 for the record, seconded by
Ms. Yukimura.
C 2014-06 Communication (12/23/2013) from the Director of Finance,
transmitting for Council consideration, proposed amendments to
Ordinance No. B-2013-753, as amended, relating to the Fiscal Year 2013-2014
Operating Budget, by Revising the Amounts Estimated in the General Fund.
(Committed Reserve Fund Replenishment Due to Bargaining Unit 13 Increases —
$197,072): Mr. Rapozo moved to receive C 2014-06 for the record, seconded by
Ms. Yukimura.
C 2014-07 Communication (12/23/2013) from the Director of Finance,
transmitting for Council consideration, proposed amendments to
Ordinance No. B-2013-753, as amended, relating to the Fiscal Year 2013-2014
Operating Budget, by Revising the Amounts Estimated in the General Fund.
(General Fund Other Post Employment Benefits (OPEB) Replenishment Due to
Bargaining Unit 13 Increases — $ 295,422): Mr. Rapozo moved to receive C 2014-07
for the record, seconded by Ms. Yukimura.
C 2014-08 Communication (12/23/2013) from the Director of Finance,
transmitting for Council consideration, proposed amendments to
Ordinance No. B-2013-753, as amended, relating to the Fiscal Year 2013-2014
Operating Budget, by Revising the Amounts Estimated in the General Fund.
(Department of Parks and Recreation, Parks Maintenance Septic System Pumping —
$200,000): Mr. Rapozo moved to receive C 2014-08 for the record, seconded by
Ms. Yukimura.
C 2014-09 Communication (12/13/2013) from the County Auditor,
transmitting for Council information, the Comprehensive Annual Financial
Report (CAFR), Single Audit Report, and Management Advisory Report for
the Period Ended June 30, 2013: Mr. Rapozo moved to receive C 2014-09 for the
record, seconded by Ms. Yukimura.
C 2014-10 Communication (01/06/2014) from Council Chair Furfaro,
transmitting for Council consideration, proposed amendments to
Ordinance No. B-2013-753, as amended, relating to the Fiscal Year 2013-2014
Operating Budget, by Revising the Amounts Estimated in the General Fund. (Office
of Economic Development, Administration — Other Services, Kauai Historical
Society Grant — $25,000): Mr. Rapozo moved to receive C 2014-10 for the record,
seconded by Ms. Yukimura.
C 2014-11 Communication (12/27/2013) from the Director of Finance,
transmitting for Council information, the Period 1 Financial Report — Detailed
Budget Report, Statement of Revenues (Estimated and Actual), Statement of
Expenditures and Encumbrances, and Revenue Report as of July 31, 2013,
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: Mr. Rapozo moved to
receive C 2014-11 for the record, seconded by Ms. Yukimura.
C 2014-12 Communication (12/27/2013) from the Director of Finance,
transmitting for Council information, the Period 2 Financial Report — Detailed
COUNCIL MEETING 5 JANUARY 16, 2014
Budget Report, Statement of Revenues (Estimated and Actual), Statement of
Expenditures and Encumbrances, and Revenue Report as of August 31, 2013,
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: Mr. Rapozo moved to
receive C 2014-12 for the record, seconded by Ms. Yukimura.
C 2014-13 Communication (12/27/2013) from the Director of Finance,
transmitting for Council information, the Period 3 Financial Report – Detailed
Budget Report, Statement of Revenues (Estimated and Actual), Statement of
Expenditures and Encumbrances, and Revenue Report as of September 30, 2013,
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: Mr. Rapozo moved to
receive C 2014-13 for the record, seconded by Ms. Yukimura.
Chair Furfaro: I would like to take a moment to ask the
Director of Finance to come up and just give us an overview of the many financial
Bills that are in front of us, reconcile the relationship to us receiving the
Comprehensive Annual Financial Report (CAFR), and the intent of these Bills.
This will help us when we get to the individual items. Thank you, Steve.
There being no objections, the rules were suspended.
STEVEN A. HUNT, Director of Finance: For the record, Steve Hunt,
Director of Finance. There are a number of Bills that you have before you, which
are essentially replenishment Bills that were promised when we came before you,
prior to the CAFR, to fund some of the Collective Bargaining raises. It was our
commitment to replenish moneys that were being taken, fronted if you will, from
the Committed Reserve, as well as short funding some of the Department's Other
Post-Employment Benefits (OPEB). Once the CAFR was completed and we had an
established Unassigned Fund Balance, these Bills are now moving those moneys
from the Unassigned Fund Balance back to the funds which we fronted the money
from. So that would be applicable to Bill No. 2523, the State of Hawaii
Organization of Police Officers (SHOPO) portion OPEB replenishment;
Bill No. 2524 is for the SHOPO portion of the Committed Reserve replenishment;
Bill No. 2525 is for Bargaining Unit 13 replenishment of the Committed Reserve;
and Bill No. 2526 is replenishment of OPEB for Bargaining Unit 13. The other Bills
that are here involve continued funding. One is Bill No. 2521 which is a Housing
one. This is a new request. Housing was not included because many of these were
grant-funded and they have Collective Bargaining Agreements that mirror
Bargaining Unit 13, but because they were grant-funded, they were excluded from
our initial requests for moneys for Bargaining Unit 13. Bill No. 2521 is extending
those same Collective Bargaining Agreements from Bargaining Unit 13 to those in
the Housing Agency that fall under "Grant Funds." Bill No. 2522 is also a new one
before you. This happened after the CAFR, so funds were available. This is a direct
funding for the Collective Bargaining for Bargaining Unit 11, which is for the
Firefighters. These are raises that are being funded directly from the Unassigned
Fund Balance. Bill No. 2527 is also a new request here that is moneys that were
not budgeted for pumping of the septic systems for our public parks. In some of our
individual meetings with you, I discussed that there was an oversight on budget
because we included the cost of a pumper truck, but not including the time to order
that truck and have it arrive. We had a gap of about three hundred (300) days so
we needed to fund the continued pumping of the parks, the septic systems.
Bill No. 2512— I think this is moving beyond the Consent Calendar, but this has to
do with liquidating and reappropriating moneys from prior contracts within our
COUNCIL MEETING 6 JANUARY 16, 2014
County Attorney's Office. These are moneys that we recognized that although the
encumbrance is an older prior encumbrance for contracts, and those services are no
longer needed, we are liquidating those contracts and moving that into the current
asked for appropriations. Essentially that these moneys would go into their Special
Counsel Fund because that is where they came from, but they have not been
approved for appropriation. This is more transparent to come and ask you for those
funds rather than just the Department seeing that as a balance on their available
funds.
Ms. Yukimura: I have a question.
Chair Furfaro: Yes. Steve, I appreciate you coming up, but I
wanted to do this in the morning so that we can surface some questions by the
members and do not tie you up all day by going through these eight (8) Bills.
Mr. Hunt: I appreciate that.
Mr. Rapozo: Mr. Chair, I have a process question. If we
are going to take it out, I would suggest that we move to take it out of the Consent
Calendar and have the discussion, as opposed to having the discussion during the
Consent Calendar. I think that is the proper way to handle it.
Chair Furfaro: Whether it is proper or not, I do not think
what I am doing right now is improper. If you would like to do it that way, I can
pose it to the members.
Mr. Rapozo: That is fine. It is your call, Mr. Chair.
Thank you.
Chair Furfaro: JoAnn?
Ms. Yukimura: I have a question. Could you refer to the
Communication number that you were just talking about?
Mr. Hunt: For the Attorneys? I believe that is actually
in the later part of your agenda.
Ms. Yukimura: Okay, so it is not part of the Consent
Calendar?
Mr. Hunt: Yes.
Ms. Yukimura: Okay. Chair, do you mind if we keep to the
Consent Calendar items first for the discussion?
Chair Furfaro: I want us to stay focused only on the Consent
Calendar. It was Mr. Hunt who brought up items that were not on the Consent
Calendar.
Ms. Yukimura: Okay.
Mr. Hunt: I apologize for that.
COUNCIL MEETING 7 JANUARY 16, 2014
Chair Furfaro: That is the point that I think Mr. Rapozo
was attempting to make. I am trying to expedite some time for you, Steve, not for
us.
Mr. Hunt: I appreciate that.
Chair Furfaro: Let us stay with the Consent Calendar
items, please.
Ms. Yukimura: Thank you. Then I am clear. I have some
questions on your presentation, but I do not want to interrupt you.
Mr. Hunt: Okay. As far as the Consent Calendar goes,
I believes that covers all of the Bills, and then there are some communications
regarding the Period Financials: Periods 1, 2, and 3. Those are just
communications that include the financials.
Chair Furfaro: Okay. We will be coming back to these items
individually. I just wanted to give some discussion on the portion that was on the
Consent Calendar. You still have the floor, Councilmember Yukimura.
Ms. Yukimura: Thank you. Steve will not be here when we
get to the individual items?
Chair Furfaro: No, I did not say that.
Ms. Yukimura: He will?
Chair Furfaro: I did not excuse him. I am just giving him
an opportunity to discuss any of these items because there are many money items
here... eight (8) I believe.
Ms. Yukimura: Right. May I ask a question?
Chair Furfaro: Yes, go right ahead.
Ms. Yukimura: It is item C 2014-02 regarding Housing. It is
my understanding that we are using a Planner position's money to cover Collective
Bargaining, and because of that, our Housing Agency has to go without a Planner
for half a year.
Mr. Hunt: The Mayor is part of trying to establish fund
balance and be prudent in managing and has established a six (6) month
moratorium on the rehires, unless it is health, safety, or some matter of great
urgency. That is what the Departments had been adhering to.
Ms. Yukimura: The Mayor is also going to be doing a
certificate declaring an "Affordable Housing Emergency" and a Planner position is
critical to the functioning of our Housing Agency, so it does not make sense to me if
we are in a critical situation to not have a Planner for half a year. I am concerned
about that if Collective Bargaining increases are causing that.
Mr. Hunt: Collective Bargaining has certainly
"tightened" how we are able to operate. There is no doubt about that.
COUNCIL MEETING 8 JANUARY 16, 2014
Ms. Yukimura: If it is affecting critical positions on a critical
issue that is going to be declared a "crisis," there is something wrong with our
priorities.
Mr. Hunt: Again, I believe that the Mayor is judicious
in how he decides which positions are elevated to that "critical health and safety"
type.
Chair Furfaro: I tell you what we will do— when we get to
that Bill, Councilmember, I will ask the Staff to make contact with Housing so that
we can hear from them on their staffing guidelines and how it relates to the critical
schedule to the upcoming certificate. The period we are talking about here on the
non-filling of these positions was the period from July 1st of this year to December?
Am I correct?
Mr. Hunt: I believe this specific position that will be
funding this request did not retire until I believe in late November or December of
sometime, so we are going to be filling with some of the remainder of the Fiscal
Year to fund that. It is Fund Balance from both the benefits as well as salaries that
will be saved.
Chair Furfaro: More so, let us have the Housing people here.
Staff, can you make contact with Housing when that Bill comes up? Are there any
more oversight questions? Mr. Kagawa, you have the floor.
Mr. Kagawa: Steve, I can understand Housing coming but
sometimes, I guess it is made from a management perspective that if the Housing
Planner is gone, maybe the Housing Director will assume of those responsibilities
and decision-making, right?
Mr. Hunt: Certainly, the Housing Director is involved
in the decisions. We do not make them arbitrarily and without those discussions.
They are a part of that solution and part of the recommendation. We facilitate in
providing the money Bill before you. The decisions are actually made by the
Department Head, as well as the Mayor.
Mr. Kagawa: I just want to alarm the community that just
because we do not have particular position in there does not mean that all
operations stop.
Mr. Hunt: Yes.
Chair Furfaro: Thank you. Very good point, Mr. Kagawa.
Steve, I was giving you an opportunity and again, this is very unusual as I respect
Mr. Rapozo's comments, but there are seven (7) money Bills here in front of us to
receive that were put on top of the Consent Calendar. I wanted to have some
pre-dialogue and anticipate if we have deep questions that will require other people
to be here. Councilmembers, are there any other questions? If not, thank you very
much.
There being no objections, the meeting was called back to order, and
proceeded as follows:
COUNCIL MEETING 9 JANUARY 16, 2014
The motion to receive C 2014-01, C 2014-02, C 2014-03, C 2014-04,
C 2014-05, C 2014-06, C 2014-07, C 2014-08, C 2014-09, C 2014-10,
C 2014-11, C 2014-12, and C 2014-13 for the record was then put, and carried
by a vote of 6:0:1 (Mr. Bynum was excused).
Chair Furfaro: Mr. Clerk, let us move onto our next item
please.
COMMUNICATIONS:
C 2014-14 Communication (12/06/2013) from the Civil Defense Manager,
requesting Council approval to receive and expend grant funds in the amount of
$475,000 from the United States Department of Homeland Security via the State of
Hawai`i, Department of Defense, for the Fiscal Year 2013 State Homeland Security
Grant Program for the following:
1) Continue to enhance the capability of State and local units of government
to prevent, deter, respond to, and recover from threats and incidents of
terrorism involving the use of chemical, biological, radiological, nuclear
and explosive weapons, and cyber attacks, in addition to day-to-day
all-hazards scenarios;
2) Continue to provide support to Citizen Corps Councils with planning,
outreach, and management of Citizen Corps programs and activities, such
as Community Emergency Response Teams and Neighborhood Watch.
Mr. Kagawa moved to approve C 2014-14, seconded by Ms. Yukimura.
Chair Furfaro: Welcome to the County Council. You need to
introduce yourself for the record.
There being no objections, the rules were suspended.
GLENDA NOGAMI-STREUFERT, Civil Defense Manager: Thank you.
Good morning everyone. My name is Glenda Nogami-Streufert. I probably have
almost every letter in the alphabet in my name. I have met some of you, but not all
of you. I appreciate this opportunity to represent the Kauai Civil Defense Agency
as the Manager and I am here at your disposal to accept the 2013 Homeland
Security Grant.
Chair Furfaro: Mr. Rapozo, you have the floor.
Mr. Rapozo: Thank you, Mr. Chair. I asked Staff to ask if
this was time-sensitive and they came back and said that this needs to be approved
today. I have questions, but I am not sure if we can get through all of them today. I
was hoping we could get this to Committee, have the discussion in Committee, and
come back, but I am told that this has to be approved today. Is that true?
Ms. Nogami-Streufert: It is time-sensitive only because we have a
limitation for when we can spend the money and it takes time to get the requests
for procurement. We have a whole process to go through. If you need more
information about the process, Mrs. Sakai is very knowledgeable about it. We
wanted to make sure that we could get the funds as quickly as possible so that we
can spend them in the best way to fulfill our requirements.
COUNCIL MEETING 10 JANUARY 16, 2014
Mr. Rapozo: Okay. I can appreciate that. I guess I
wanted more information on the Community Emergency Response Teams (CERT)
and the Neighborhood Watch. Is this the same Neighborhood Watch as the Kaua`i
Police Department (KPD) Neighborhood Watch?
CHELSIE SAKAI, Emergency Management Grant Coordinator: Chelsie
Sakai, Emergency Management Grant Coordinator for Civil Defense. It is.
Mr. Rapozo: When does this money have to be expended
by?
Ms. Sakai: August 31, 2015.
Mr. Rapozo: 2015?
Ms. Sakai: We are four (4) months into a twenty-four
(24) month grant period.
Mr. Rapozo: Okay. The other question is on the
Community Emergency Response Teams. I guess for me, I am just curious because
normally when we get a grant request, we have a spreadsheet that shows how the
money will be spent and I do not see that attached here. I am not sure if that is
available.
Ms. Sakai: It is.
Mr. Rapozo: Do you have that with you?
Ms. Sakai: I do not, but we can have it sent to you.
Mr. Rapozo: That would be good to have before we are
asked to approve it.
Ms. Sakai: Okay.
Ms. Nogami-Streufert: We could do that and we can also meet with
you at any point in time or with the Council to go over this in detail.
Mr. Rapozo: The idea is to have it in the public so the
public could understand.
Ms. Nogami-Streufert: We can do that too.
Mr. Rapozo: My suggestion would be a deferral to
Committee next week would get us to a full Council vote in two (2) weeks. Is that
correct, Mr. Chair?
Chair Furfaro: Yes.
Mr. Rapozo: Would that interfere with your process at
all?
COUNCIL MEETING 11 JANUARY 16, 2014
Ms. Nogami-Streufert: I am sorry. I did not quite understand that.
Mr. Rapozo: If we refer this to the Committee, it would go
to Committee next week where you could come and do a formal presentation with
the spreadsheet and show the breakdown of the funds. This is four hundred
seventy-five thousand dollars ($475,000). That would move on to full Council in
two (2) weeks, so the approval would come in two (2) weeks.
Ms. Nogami-Streufert: I think we can do that.
Ms. Sakai: Actually, I can give you a verbal breakdown
if you want.
Chair Furfaro: No. I think we have two (2) options. I think
Mr. Rapozo made an excellent observation of the critical path of the Council, and I
particularly support that, or we could refer this to the end of the agenda today,
giving you time to get the material that Mr. Rapozo asked for in front of us. I think
Mr. Rapozo's first recommendation is something that I would support. Is that
possible?
Ms. Nogami-Streufert: It is and we will do whatever we need to do
to get this going as quickly as possible.
Mr. Rapozo: I do not anticipate a problem with the
approval. The agenda states the breakdown of the two (2) items and I am really
concerned... not concerned in a negative way, but I really want to see how we intend
to spend that money for the CERTs program and the Neighborhood Watch, and how
those programs will benefit. I am still honestly confused as far as the CERTs
program because some say we have it and some say we do not. I kind of want to get
a better understanding of how we support those programs with these moneys. That
is my concern.
Ms. Nogami-Streufert: That sounds good.
Chair Furfaro: I might echo what Mr. Rapozo said. I think
some of us are still unsure of the CERTs program. For example, at one time, it was
being administered through the Fire Department with volunteer coordination. I,
myself have submitted my name for the North Shore as having a lot of pervious
American Red Cross training through my hotel and water safety experience, but I
am not getting a call. I would suggest that we might even ask the Fire Chief to be
available for Mr. Rapozo. Mr. Rapozo, do you have an idea of what Committee you
want this referred to?
Mr. Rapozo: I would suggest that it be referred to the
Public Safety Committee.
Chair Furfaro: Okay.
Mr. Rapozo: I just think it makes sense because we will
have the time to vet out some things. I know Councilmember Yukimura shares my
concerns with CERTs. I think we all do. I think it is a great program; do not get me
wrong. I think we need to get that program going again and this might be the
vehicle to get that done. I just want the public to understand exactly where these
funds will be going.
COUNCIL MEETING 12 JANUARY 16, 2014
Chair Furfaro: Okay. Councilwoman Yukimura, did you
have any questions to add to that?
Ms. Yukimura: It sounds like the plan to get it into
Committee and then out at the next Council Meeting works for Civil Defense.
Ms. Nogami-Streufert: We can make it work.
Ms. Yukimura: I agree that a full discussion would be good
and helpful.
Ms. Nogami-Streufert: We can do that.
Ms. Yukimura: Thank you.
Chair Furfaro: Just to put this on your agenda, I would like
to know if any discussion is occurring with Civil Defense and the Princeville Airport
as that facility is extremely important to the North Shore in the event of any
natural disasters we have had, like in the past, to see if that facility can be used for
expanded helicopter, National Guard, and so forth. I do not think we have ever
answered that question. Can we put that on your radar screen as well?
Ms. Nogami-Streufert: Can do.
Chair Furfaro: Thank you, Glenda. Mr. Kagawa, you have
the floor.
Mr. Kagawa: I do not know if you have that information
right now, but is this a two (2) year grant? Has our allocation gone up or down from
the previous?
Ms. Sakai: It has gone up about thirty-one
percent (31%) from last year's grant award.
Mr. Kagawa: Good. Thank you.
Chair Furfaro: Councilmember Yukimura?
Ms. Yukimura: This is not on the grant itself, but
Ms. Nogami-Streufert, is this your first appearance here?
Ms. Nogami-Streufert: It is.
Ms. Yukimura: Well, I just wanted to welcome you.
Ms. Nogami-Streufert: Thank you very much. I am glad I am here
to say that we have got money that we want to accept as opposed to asking you for
money.
Ms. Yukimura: Yes, we like that too. I am sure we will get
to know you better.
COUNCIL MEETING 13 JANUARY 16, 2014
Ms. Nogami-Streufert: I think I am everyone's calendar for next
week.
Ms. Yukimura: A courtesy call, yes. We look forward to that.
Thank you.
Chair Furfaro: Mr. Chock, you have the floor.
Mr. Chock: I just wanted to clarify something. I think
the additional request is that we get some feedback on the CERT program in terms
of its viability and sustainability because I do have some of the same concerns about
how it moves forward. Thank you.
Chair Furfaro: Members, I believe Mr. Rapozo is going to
make a motion that we defer this until his Committee next week. I will give you the
floor to do just that. Go right ahead.
Mr. Rapozo moved to refer C 2014-14 to the January 22, 2014 Environmental
Services / Public Safety / Community Assistance Committee Meeting,
seconded by Mr. Kagawa.
Mr. Rapozo: Mr. Chair, I know you asked to have the Fire
Chief present and I would ask to have a representative from the Police Department
for the Neighborhood Watch too. It is another program that I believe can benefit
tremendously from this. Also, the fact that we got an increase of thirty-one percent
(31%) means that I think it is you, Chelsie, or whoever is in your Office, that is
doing a great job to warrant an increase so thank you very much for your service.
Ms. Nogami-Streufert: In the Kaua`i Civil Defense Agency, we have
a very professional and very competent Staff. Chelsie is one of our very competent
people that we have working there, so I really appreciate having her too.
Mr. Rapozo: Thank you.
Chair Furfaro: Chelsie, I think we can all say that we feel
that way and always have so thank you so much. I am going to see if there is any
public testimony on this item before we move to have you come back next week with
a new posting. My recommendation is that we should have the Fire Chief present
and someone from the Police Department also. Our Staff will communicate that but
if you could expand that, we would appreciate it too.
Ms. Nogami-Streufert: Thank you for the opportunity to be here.
Chair Furfaro: I guess I was the first one to meet with you
in my office, so welcome on behalf of the Council.
Ms. Nogami-Streufert: Thank you.
Chair Furfaro: Is there anyone wishing to testify on this
item? Please come right up.
LONNIE SYKOS: For the record, Lonnie Sykos. I would like to
thank the Council for having this deliberation about the acceptance of the moneys;
the grants here. It is not free money; it is our taxes that went through the Federal
COUNCIL MEETING 14 JANUARY 16, 2014
system. On one hand, it is good to get new revenues into the County for our Civil
Defense development. On the other hand, it is not free money and we have an
obligation to all of the citizens of the United States that the money be spent wisely.
I thank you for doing this. The Neighborhood Watch program and CERTs program
are things that have a lot of potential, but in our current State, we are not utilizing
the potential that is there. Moving forward with the CERTs program and
Neighborhood Watch is a good thing, but we need to manage ours and the other
taxpayers' money wisely. Thank you very much.
Chair Furfaro: Thank you, Lonnie. Is there anyone else who
wishes to comment on this? If not, I will call the meeting back to order.
Mr. Rapozo, may I ask you to repeat your motion on the referral to a Committee
please?
There being no objections, the meeting was called back to order, and
proceeded as follows:
Mr. Rapozo: The motion was to refer item C 2014-14 to
the Environmental Services / Public Safety / Community Assistance Committee
next week.
Chair Furfaro: Thank you very much ladies.
The motion to refer C 2014-14 to the January 22, 2014 Environmental
Services / Public Safety / Community Assistance Committee Meeting was
then put, and carried by a vote of 6:0:1 (Mr. Bynum was excused).
C 2014-15 Communication (12/09/2013) from the Director of Economic
Development, requesting Council approval to receive and expend matching funds in
the amount of $30,000 from the Hawai`i Tourism Authority's Kukulu Ola Living
Hawaiian Culture Program, and the Hawai`i Community Foundation, for the 2014
Kauai Nui Kuapapa Project, to include ahupua'a signage around Kaua`i, and a
website with complimentary information: Mr. Rapozo moved to approve C 2014-15,
seconded by Ms. Yukimura.
Chair Furfaro: On that note, I would like to suspend the
rules and ask Mr. Costa if he would like to come up. Is Nalani joining us too?
There being no objections, the rules were suspended.
NALANI BRUN, Tourism Specialist: Aloha Nalani Brun, Office of Economic
Development, Tourism Specialist.
GEORGE K. COSTA, Director of Economic Development: George Costa,
Director for the Office of Economic Development. Good morning Council Chair and
Honorable Councilmembers. We are here for our grant application to the Hawai`i
Tourism Authority (HTA) for the Kaua`i Nui Kuapapa Program. Two (2) months
ago, I believe we made a presentation with several members, including Kanoe
Ahuna and Dr. Keao NeSmith. We applied for a grant of ninety thousand dollars
($90,000) and we received thirty thousand dollars ($30,000) from the Hawai`i
Tourism Authority to move forward with the second phase of that program, which is
the signage. I can have Nalani give you more detail with regards to what that
entails. Right now, as I mentioned, we did submit an application for ninety
thousand dollars ($90,000). In that presentation, there were quite a few signs that
COUNCIL MEETING 15 JANUARY 16, 2014
need to be made and installed throughout the island of Kaua`i. We will get started
with the first phase and we are going to be looking for additional funds to complete
that project by the end of this coming Fiscal Year.
Ms. Brun: Yes. Typically with the grant funds— of
course with the Hawai`i Tourism Authority, that is on the calendar year so we are
always in a little bit of a "grant dance" between the County's Fiscal Year and the
Hawai`i Tourism Authority's calendar year. As is typical with many grants, we did
not get what we asked for, but we are used to that and so we are now going to do
our little grant dance and start shifting. We have already started having meetings
with the group from Kaua`i Nui Kuapapa, which of course includes Kanoe Ahuna
who is helping us coordinate this and Dr. NeSmith, Randy Wichman, Canen
Ho`okano; the fabulous team that we have; the teams that have been designing the
signs for us. We went right into the mode of trying to figure out, "What do we do?
We have got thirty... whatever we have left from this year's grant that the County
has given you. How do we move forward?" What we are doing is basically shifting
what the plan is moving forward because we do want to get it on the ground and
moving by summer. The website is pretty much complete enough that we can get it
moving and up by July, which was our plan, and we want that to go up with the
first bunch of signs which our plan is to get the moku signs up first so people will
know which moku they are living in. After that, we have enough money to
definitely get at least one of moku's ahupua a stream signs and park signs up.
Right now, we are trying to decide which moku will be first. That is where we are
right now; trying to decide what is the best area to start that up in and get the
website up so we can really generate a lot of interest in that.
In the meantime, we have several other grants that we are working on and
not just looking at the County. We always look at the County because we hope that
the County will continue to fund things, but we also have grants in with the Office
of Hawaiian Affairs; we are looking to the Kekaha funds because they were very
interested in doing the signs that are in their area; we have private donors like
Knudsen and Grove Farm that are interested in doing the signs that are in their
area. That has been interesting as we have gone into private donors that have big
land areas. They are even interested in covering their areas, which really helps us
because that takes big chunks away from what we have to handle. Also, the County
has been wonderful. The State is saying that maybe they can produce some of those
signs and cut down some of those costs within their areas if they have the time to do
some of the signage projects which really brings a lot of our costs down. We are in
the process of looking at cutting those costs down. Of course, we are also continuing
to look at foundation grants. They are constantly coming to us and we are looking
to see if they fit the project that we have. That is just part of the grant dance that
we do. In the meantime, because we are in phase two, we are always looking at
phase three, which is when it becomes part of education. We want to take that to
the schools and Kanoe Ahuna just happens to be our "pro" at that. She wants to
turn it into a curriculum project which goes into the schools and it actually becomes
part of teaching our children about where they live, what they have, and all of the
wonderful treasures that we have. She is really excited about that part, as we all
are, so that part is very important. To that, we have been really going back and
forth with the Administration for Native Americans grant. That is a big grant and
they love the project, so we are thinking that they are probably going to buy into
that one, but we always have two (2) or three (3) other grants on the side that we
are looking at too. If we have to, we will break it up and just do it piece-by-piece.
We are moving forward. We do plan to have something to show everyone by the
COUNCIL MEETING 16 JANUARY 16, 2014
summer. Even if it is just a piecemeal and not the whole thing, we will just keeping
piecing it in piece-by-piece.
Chair Furfaro: Nalani, it is great to hear that the Native
American group has a lot of enthusiasm for buying into the program, but I did not
hear from you why HTA "bought out?" What was their rationale? This project has
so much to say about sense of place, educating our visitors, and referencing place
names and we got one-third of the money. Why did they buy out?
Ms. Brun: I tried to go in the backdoor to get a little
answer from them, but they basically said that they had a huge amount of requests
and they have a very small... we went into the Kukula Ola program, which was
their Hawaiian Cultural program. It did not quite fit the requirements for natural
resources and we did not think we could go up against Koke`e or anything along the
Na Pali Coast like those restoration projects. Kaneiolouma would have fit, but
really the signage project did not fit. We thought it would fit better in Kukulu Ola
so that is where we went. Guess what? Everybody went to Kukula Ola this year.
This year, they went to the Hawai`i Community Foundation and used them to help
them make decisions about where the money was going to go. This year, everybody
went into that pot, so they told me that they had the hardest time splitting the
money up. They did think the project was wonderful, but they did have a lot of
wonderful projects unfortunately, so this is how they split it. I guess we should just
be grateful that we got something. It was a vote of confidence that it is a good
project.
Chair Furfaro: Well, I will not be so grateful that we got
something. You just listed projects that almost all of them— the marae in Po`ipu;
that was County money. We have this Historic Building; the oldest operating
facility in the State that is dealing with the same political subdivision of
Government from its original intent, and we are trying to find money to do our own
celebration. I just wanted to know why we only got a third for such an outstanding
project.
Ms. Brun: I feel very strongly that they need to put
more of their money into these pots. They keep putting more money into marketing
or things like the big program that they have on O`ahu, the big museum. They
should have boosted up their Kukulu Ola money and their natural resources money
but they have not, so we are just going to continue to pound at that door and say
that is what should be done, really.
Chair Furfaro: Next time, I would certainly say to please
look towards some letters from the Council in support of this.
Ms. Brun: Absolutely. Thank you.
Chair Furfaro: I have one last question and then I will go to
Mr. Rapozo, and then to JoAnn. I hope we are resolving the piece that Kaua`i has
five (5) moku and not six (6).
Ms. Brun: We are going with five (5) moku.
Chair Furfaro: Okay. Good. Thank you.
COUNCIL MEETING 17 JANUARY 16, 2014
Ms. Brun: The sixth would be Ni`ihau. Every island
pretty much has six (6) moku.
Chair Furfaro: There is a group who feels that Mana is a
moku of which it is not. We are dealing with Na Pali, Halele`a, Ko`olau, Puna, and
Kona. Am I correct?
Ms. Brun: Yes.
Chair Furfaro: Thank you for your working Nalani.
Ms. Brun: All of their work, yes. Thank you.
Chair Furfaro: Mel, you have the floor, followed by
Councilmember Yukimura.
Mr. Rapozo: What is the total cost of this project?
Ms. Brun: The second phase is basically about one
hundred twenty-five thousand dollars ($125,000).
Mr. Rapozo: During our last budget, we had the
discussion and the gentlemen presenting the project, and we funded twenty-five
thousand dollars ($25,000). What was that twenty-five thousand dollars ($25,000)
for? Was that phase one?
Ms. Brun: That was phase one and that was basically
just research; just trying to get out there, figuring out... a lot of that was the
"battle" about the six (6) versus five (5) moku. It was just getting enough
information about where the signs were going to go, whether we should actually put
them on the streams or put them in the parks, and making sure we have the most
accurate information. He and Randy have been digging for the right information,
the most appropriate information, and they have piles and piles of it. Then what
they were doing was writing and making it so it is a good narrative that can be put
up on the website. We want it to be where the kids could use, adults could enjoy it,
and so that the visitors would find it useful too.
Mr. Rapozo: I should have looked up the budget
presentation from last year and I know we all supported this, but I thought that the
twenty-five thousand dollars ($25,000) was going to be sufficient for the project.
Maybe my recollection is wrong.
Mr. Costa: For the first phase, yes. This has three
phases, so the research was for the first phase.
Mr. Rapozo: We had hoped that the grants would have
carried us through?
Mr. Costa: We were looking at other sources instead of
always coming to the Council and to the County. We have had one-on-one
discussions with Mike McCartney and his Staff and they are very supportive in the
meeting. I guess we seem really optimistic that things are going to happen and
then it does not.
COUNCIL MEETING 18 JANUARY 16, 2014
Mr. Rapozo: We are all in the same dilemma. We just
came back from the Legislative Opening, but the fact that they cannot support it
financially does not mean they do not support it. We are all in that same boat. We
want to support everything and everyone who comes up, but there is a cap and that
is my concern; where does this end? This request is to approve the receipt and
expenditure, but the application was already made?
Ms. Brun: Yes.
Mr. Rapozo: We already applied for it and got it?
Ms. Brun: Yes.
Mr. Rapozo: Did you ever come here with the application?
Ms. Brun: No. The rules had changed by then. We did
not come in for the application, but come in afterwards.
Mr. Rapozo: Okay. That is interesting. It is almost like
now we have the grant and we cannot... when did that change?
Ms. Brun: I do not know who did that. I called right
away because I said if I wanted to apply right now, this was my turnaround time,
and I called Anne, or my Grant Administrator person, and she said, "You do not
have to do that. You can apply right away."
Mr. Rapozo: The rule now is that...
Ms. Brun: We come in if we get it, but we cannot sign
for it until we come to you.
Mr. Rapozo: I do not know, Mr. Chair. I do not know if
you are familiar with that rule change, but maybe we can research that rule
change. I am not sure.
Mr. Costa: There was quite a bit of discussion last year
on that. I remember the whole timing of coming to request, to apply, and by the
time we go through the process and get the approval, then it is too late for the
grant. A lot of them have short thirty (30), sixty (60), or ninety (90) day windows. I
know there was a whole discussion on that.
Mr. Rapozo: There was and that is why I just want to
make sure that those rules are applied consistently for everyone. We can research
that. I am not sure if I am aware of that rule change.
Chair Furfaro: We will put a new item in the Committee of
the Whole for next week.
Mr. Rapozo: For Finance or procurement, I do not know
where that rule is. Because that way, we can vet out the concerns before we apply.
The worst thing to do is turn away money that we already got.
Ms. Brun: Right.
COUNCIL MEETING 19 JANUARY 16, 2014
Mr. Rapozo: I think that was the whole purpose of that
rule, that it would come here before you applied. I think it is a lot more convenient
and efficient this way if you do not, but I am not sure if that is a Charter or Code
rule, but we definitely need to follow-up on that. I am going to support it today, but
like I did with Civil Defense, I really want to see a better explanation on what the
funds are used for in the form of a spreadsheet because there comes a point where
the County has to say "no." If we are relying on grants that we may not get and
then the County has to fund projects like this; as we start looking at reducing
expenditures, and I hate to say this because this is a great program, but we have to
prioritize what are "essential" versus "non-essential." I struggled supporting this in
the budget because there was a whole list of these mini grants and mini grants
individually are mini grants, but when you put them altogether; the twenty-five
thousand dollars ($25,000) here, thirty thousand dollars ($30,000) here, and the five
thousand dollars ($5,000) here— when you put it altogether, you could actually not
do a tax increase if we cut out some of the expenses. It just puts us in a really,
really tough spot. It puts me, anyway, in a tough spot because it is a great program.
Ms. Brun: On the good side, they have moved forward
to create their own non-profit. The whole point is to try to get them up strong
enough and then send them on their merry way, so they can actually go out and do
their own applications. The County is kind of the in the middle right now.
Mr. Rapozo: Nalani, that is what I thought I supported
last year, which was the seed money to get them off the ground. We can start the
research and in the meantime, they would be able to sustain themselves and finish
up the project. I think that is what I supported.
Ms. Brun: What we did find was that the signage
portion has been tough to pull the County out when we are all kind of holding hands
with the State because the signs are on the road. We had to constantly be in the
middle to hold hands with everybody to say, "The County supports it. I know it is
signage. I know it is going to go on the road and in the park." It would have been
tough for them to be on their own in that case.
Mr. Rapozo: I look to the Administration for that, so when
someone from the community goes to the Mayor and says, "Hey, Mayor, I have this
great program and I need some help to get it off the ground." I am hoping that the
Administration, wherever the Mayor decides it needs to go, vets out all of those
issues before they come here and ask for money because like I said, it is very hard to
stop something once we start it. That needs to be done by the Administration prior
to coming here for the initial funding request. It is just "food for thought" and I will
chat with the Mayor about that at a later time. Thank you.
Chair Furfaro: JoAnn, and then Mr. Kagawa.
Ms. Yukimura: Thank you. I assumed that you came before
us to ask to apply because it was my understanding that application is necessary.
But this project, to me, is very exciting. We will clear up that procedural thing
because as the Chair said, it is a sense of place. It is about Kaua`i's uniqueness,
even vis-a-vis the other islands. I appreciate the knowledge that you both have
which means that you have been working closely with the group. I like what I see
in terms of holding their hands, seeding the idea, and then launching them to be on
their own. To me, that is part of the whole process so thank you for that. What you
COUNCIL MEETING 20 JANUARY 16, 2014
are saying is that with this thirty thousand dollars ($30,000), you are going to be
able to show us how all the signage works in one (1) moku and ahupua a?
Ms. Brun: Yes.
Ms. Yukimura: So we and others, potential grantors, will be
able to see the pilot so to speak?
Ms. Brun: Yes, the pilot area; a whole moku pilot.
Ms. Yukimura: So just for that alone, this is valuable. Even
though you could not get the whole bunch, you will be able to demonstrate what it
looks like on the land.
Ms. Brun: Yes.
Ms. Yukimura: I think doing that will help you get more
funding too.
Ms. Brun: Yes. If you have got a pilot in place and they
can see it with their own eyes, it is a lot easier.
Ms. Yukimura: And people can use it and you can count the
hits.
Ms. Brun: Especially when we are going to private
donors.
Ms. Yukimura: Right. I think it is very worthwhile, even
though you have only gotten a portion of the money. I think it will seed... maybe it
is "two-seeding processes" instead of one. I can understand why the research was so
important because if you do not have the research and you just go and do six (6)
moku, you do not have a good foundation. You started first with the research and
now you are saying to do a pilot and then go full. That makes a lot of sense to me.
Thank you.
Mr. Costa: If I remember correctly, Dr. NeSmith is
recommending is that we start with the Moku of Puna...
Ms. Yukimura: Which is?
Mr. Costa: Which is here, East, which is where
Kaumuali`i has his royal seat, but also most of the population is here and the
current government seat is here too.
Ms. Yukimura: Even visitors in terms of place of lodging.
Mr. Costa: That is his recommendation as we go with
the Puna Moku first and then branch out.
Chair Furfaro: Mr. Kagawa, you have the floor.
Mr. Kagawa: I agree with Councilmember Yukimura. I
think it is a good project and it can help to make Kaua`i more attractive to our
COUNCIL MEETING 21 JANUARY 16, 2014
visitors who come to learn and share our culture. We do not have Disneyland or
professional games, so when they come to Kaua`i, they come to learn and share
what we have and what is unique. I think these are the kinds of things we need to
make Kaua`i more attractive. Last year, the Legislature had a surplus of over eight
hundred million dollars ($800,000,000). At the end of the day, there were two (2)
huge projects that the Kaua`i Legislators pushed. One was one million five hundred
thousand dollars ($1,500,000) for the Maria Racetrack and one million five hundred
thousand dollars ($1,500,000) to the Kaua`i Filipino Cultural Center. While I agree
that those are important assets of Kauai, I believe that this possibly could be just
as important, if not more. Are we getting our Kaua`i Legislators involved and
letting them know that we only got thirty thousand dollars ($30,000) and we really
needed ninety thousand dollars ($90,000)? Did we ask them or let them know that
we did not get what we wanted from HTA?
Mr. Costa: I have not had that conversation to let them
know what we ended up with, but they were part of the discussion about what we
were doing and the plan.
Mr. Kagawa: Perhaps that can be a better means. I think
a lot of times when we hear from our Legislators, they say, "We did not know. We
were not sure if you needed our help." I think it could possibly save you the need to
come to us if we can get it because I think it does impact the State and the tourism,
and it is exactly the model that HTA wants. While they are giving thirty million
dollars ($30,000,000) or three hundred million dollars ($300,000,000) or whatever
that huge number they spent to develop new markets in Korea is important as
well... I think that mere sixty thousand dollars ($60,000)... if we have that good
push to let them know how important that project is to tourism on Kaua`i, I think
that may be a good strategy.
Mr. Costa: Definitely Kaua`i is at the forefront our other
Counties have seen the program and they want to incorporate that into theirs too
and make it statewide because they see the value in that.
Mr. Kagawa: I would be happy to work with you folks and
maybe we can work on another grant this year or request to our Legislators. I
expect they will have another big surplus. Perhaps if HTA does not come through,
maybe there are some other avenues. I will check with Ashley from our Staff as
well. Thank you.
Mr. Costa: Thank you.
Mr. Chock: Thank you. Great project. I just wanted to
clarify something. For the second phase, the total budget amount is ninety
thousand dollars ($90,000). Is that correct?
Ms. Brun: It is actually about one hundred twenty-five
thousand dollars ($125,000).
Mr. Chock: Okay. Do we have a figure for phase three,
the educational aspect?
Ms. Brun: She has not put that together yet.
Mr. Chock: Okay. It is a lot more then?
COUNCIL MEETING 22 JANUARY 16, 2014
Ms. Brun: Yes.
Mr. Chock: Thank you.
Chair Furfaro: Let me get something clear, George. I am
very disturbed that you folks did not come right back and tell us what caused this
change. In the budget program in the budget provisions, it is Rule 14, Section 14.
Let me read it: "All departments or agencies of the county will receive approval
from the council for new grants prior to accepting the funds. Funds may be from
the federal agency, state or any other outside source." George, your Office should
know that section. It was put in at the last budget. At Mr. Rapozo's request, I am
going to dig out some information and we will have this discussion, but this is the
proviso that drives your Economic Development on grants. You folks should be very
familiar with that proviso and it was only done last year. Nalani is right. We are
going to have that discussion.
The next thing I want to say is the fact that we have to start walking some of
the talk when we are giving our pieces as priorities and so forth. Aunty Kapeka
Mahuiki-Chandler and our Grandpa Henry went to great lengths with the media
and newspaper to talk in terms of using the right place names for where you are at,
making sure that we did not change the reef called (Inaudible) to the name `The
Bowl" at Hanalei. The place name is (Inaudible). Tunnels is "Makua." These are
our kapuna who are telling us, "Be careful. Do not lose our sense of place and our
identity. Use Hawaiian place names." Hawaiian place names translated have so
much meaning and understanding. Kalihiwai has place names in there that talk
about the series of tsunamis that have come in there. It is referred to as "the water
that snatches," which is water coming ashore and grabbing things on the beach and
so forth. I just want to make sure we understand that these are our seniors, our
kapuna, that have shared this with us. The passion from this is really important
for us to portray. I think this Council, even in our Resolution, trying to use the
appropriate place names.and appropriate print of place names is by Resolution. I
think that Resolution was introduced by JoAnn and we can submit it as testimony.
More importantly, you folks dealing with grants like Police and Fire also, that was a
condition we put in the budget, Section 14. We are going to revisit that in the
Committee of the Whole next week and find out. I think Mr. Rapozo is very correct
in getting us to think this whole thing through about being given money, but we
cannot accept it or we accept money but we do not get it. What does that say about
our commitment? I think there is learning curve here. Please George, your Office
should be very, very familiar with that procedure since it is in our Budget Provisos.
Mr. Costa: Thank you, Chair. Your point is well-taken.
Chair Furfaro: Is there any other questions on this item?
Ms. Yukimura: I have one.
Chair Furfaro: Go right ahead, JoAnn.
Ms. Yukimura: I want to second what the Chair has said
about Hawaiian place names. He was right— I think then Councilmember Tokioka
and I co-introduced a Resolution asking County Officials, agencies, and people of
Kaua`i to use Hawaiian place names like "Kauapea" instead of"Secret Beach." Will
your project help promote the use of Hawaiian place names?
COUNCIL MEETING 23 JANUARY 16, 2014
Ms. Brun: That is really the gist of it. A lot of what
Dr. NeSmith, Randy, and everyone were talking about was in those place names are
information for farmers because it talks about where and what to plant. It also
talks about safety information like what the Chair said about what to do in the
water or what to watch out for. That is pretty much what it was, which is trying to
give back information to our children about what to know about an area that they
should know, but pretty much is no longer being passed along. It is all contained in
these names that our kapuna have given these areas. We just have to take it back.
Ms. Yukimura: So it is not just going to just help the
tourists, but really the residents.
Ms. Brun: Yes. This is a program that is really for us.
Like we always say, the visitors really benefit when we do it for ourselves.
Ms. Yukimura: Yes. Thank you.
Chair Furfaro: Vice Chair Chock.
Mr. Chock: I am sure this will get vetted as we get clear
on the rules here, but you mentioned OHA, Administration for Native Americans,
Knudsen, and so forth; are those all entities that we are looking for funding from for
the second phase to cover additional...
Ms. Brun: Yes, for phase two. Kanoe Ahuna is pretty
much pounding the pavement in those areas and trying to get them to agree to look
at grants. We have the whole list of what dates different things are due. We have
grant writing where we are pulling pieces that fit and sticking them in there. With
the private donors, we are just on them all of the time and trying to find when they
have funds available so we can go after them.
Mr. Chock: Great. I just wanted to clarify what that
was. Also, do we have a cost per moku?
Ms. Brun: She is actually breaking it up right now
because we have not thought about that. We were going to just look it at overall,
but now we will break it up by moku and how many signs, as we draw the line, that
are actually fitting in there. We are hoping to have that done by this week.
Mr. Chock: Thank you
Chair Furfaro: Are there any other questions? George, I am
going to ask my Office to send over that Tokioka/Yukimura Resolution so you can
use it. Mr. Kagawa, you have the floor.
Mr. Kagawa: I have a comment. Yes, I really agree that it
is for our residents, but the visitors that come to Kaua`i... even when we go, on our
rare occasions up to Koke`e, the tourists who come here are very inquisitive. They
want to know. They will ask you questions or every sign that is placed... they will
read it. I think that value is hard to add up, but the more we have that shares our
culture and where we came from; that is really important. I do not think we have
enough of that.
COUNCIL MEETING 24 JANUARY 16, 2014
Ms. Brun: I agree.
Mr. Kagawa: That is why I think these kinds of things can
really help with our visitor industry. Thank you.
Chair Furfaro: Okay. We are going to talk about the grant
process next week. I do want to ask one question. In this process and when you
reflect on older Hawaiian music and so forth, you often hear "Kamawaelualani" as
used as the ancient name for Kaua`i. Is this going to be incorporated anywhere in
the signage program? I guess it actually refers to Ni`ihau and Kaua`i together as a
kingdom, but it is reflected in the hula retreat that is coming up. Even their
presentation makes reference to that ancient name.
Ms. Brun: We could probably have Dr. NeSmith come
back and talk about it. They are all working together, so I would imagine that they
are all on the same page. They have not left any rock unturned in making sure that
they are in cahoots with everybody here and everybody is okay with what they are
doing. I think that I would not be surprised. They are hoping that the things they
cannot get on the sign will fill in all of those blanks on the website. That would be
great.
Chair Furfaro: Kehau Kekua is doing a magnificent job in
marketing that four (4) year cycle of the visit, but in her material, they are also
using the very ancient name for Kaua`i and Ni`ihau. We will have more discussion.
Thank you both.
Mr. Costa: We will check with Dr. NeSmith to confirm.
Ms. Brun: Thank you.
Chair Furfaro: Okay. Are there any more questions? If not,
thank you very much. Is there anyone who wants to give testimony on this item?
Lonnie, come right up.
Mr. Sykos: For the record, Lonnie Sykos. I would like to
speak to the process and not to the intended outcome of the project. I am fully
supportive of the intent of this. The Chair, Mr. Chock, and Mr. Rapozo—you raised
questions about the process...
Chair Furfaro: Excuse me, Lonnie. If you are going to speak
about the process, that is not the agenda item for now and that is why the Council
will referred it as a new item for next week. It might be a good time for taking
testimony on process when it shows up as a new item.
Mr. Sykos: My questions or observations of the process
have to do with the actions that people are taking and will take in the near future.
One of the questions that I have sitting here listening to the testimony is that
depending on where the conversation is, we are told that this is a "tourism-related
item" and thus, it is appropriate for this to be paid for out of the tourism budget.
But then on the other hand, we are told that this— I will quote what I wrote, "which
is really for us, not for the tourists." There seems to be in the initial planning of
this in what as an entrepreneur, I would call the business plan, a lack of clarity as
to what the purpose of the program is and who it is intended for. This has to do
with how one goes about getting money and the proper use of our money. The fact
COUNCIL MEETING 25 JANUARY 16, 2014
that we have entered into this without knowing how it is going to be paid for is
troubling. Again, the project itself... I am supportive of, but the fact that we are
part-way into the project and the Council does not know what the actual final cost is
going to be is that we are committing ourselves to this and we do not know what the
future costs are going to be. For phase three— we have no idea. Even for phase
two, we have an estimate of what it is going to cost, but not the actual costs. It was
said there is the possibility that the signage can be created in Public Works and so I
would like the Council to pursue that as to whether Public Works has the
manufacturing capacity to create the type of signage that they are asking for, and
then whether or not they have the personnel and the time to actually do it. Thank
you all for paying attention to process and the wise use of our money. That is the
end of my comments. Thank you.
Chair Furfaro: Lonnie, we will revisit Section 14 in a week,
but I want to make sure you also understand that the Council only approved the
twenty-five thousand dollars ($25,000) and we knew that at the time.
Mr. Sykos: Correct.
Chair Furfaro: It was not like we were unknowingly... we
were only contributing and putting twenty-five thousand dollars ($25,000) in for
phase one. We are finding out that the ninety thousand dollars ($90,000) in the
next phase and the one hundred twenty-five thousand dollars ($125,000) afterwards
may not have received the kind of valued attention in seeking moneys from the
State, HTA, and OHA, and that is the dilemma. The procedure, as we wrote it in
Section 14 of the Proviso, was followed. That was my point. Maybe we need to
revisit the procedure next week.
Mr. Sykos: Terrific. Thank you.
Chair Furfaro: Are there any more public testimony? If not,
we do have this motion about receiving the thirty thousand dollars ($30,000) with
the understanding that we are going to have further discussion about our provisos
next week. That was the motion that we had and a second. Am I correct?
Mr. Watanabe: Yes.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: JoAnn, you have the floor.
Ms. Yukimura: As I think you clearly pointed out, when we
made the appropriation in the last budget for twenty-five thousand dollars
($25,000); that was phase one. Because I think there was a pretty clear plan and at
least a second phase that would show implementation and demonstration, I think
we were fine in doing that. Also, I think we should approve this grant so that it can
go to the next phase. It may be a sub-phase of the big second phase, but I think it is
fine as long as there is an end in mind and some very responsible people who are
overseeing the project and implementing it. I am going to be voting to approve
today.
Chair Furfaro: Do you have a question?
COUNCIL MEETING 26 JANUARY 16, 2014
Mr. Rapozo: I just want to clarify for Mr. Sykos because I
think there was some question whether if it is for residents or visitors. I think it is
for both. This year, I turn fifty (50) years old and almost all of it was here on Kaua`i
and I still learn everyday about this great island, right here at this table from you,
Mr. Chair and others. I think it is important that not just the residents and
visitors, but everyone will get a better understanding of this island, culture, and
history so that we can preserve it. I think it is vital. I still have some concerns
because as we prioritize projects going forward, we need to be very careful. I will
support this and I appreciate the clarification on the proviso. I did not realize it
was placed in. I thought it was "recurring grants" that do not require the presence
of the Departments here, but apparently that one got snuck in. There is no
wrongdoing there and I appreciate you clarifying that. I will be supporting that.
However, George, maybe you can provide us that in writing. Thank you.
Chair Furfaro: Mr. Rapozo, I have given this a lot of thought
on this item. We do have budget coming up and perhaps rather than having this
discussion next week, which is also a very full Committee Meeting, maybe we
should be thinking about the proviso in the next budget cycle rather than trying to
have a second item. I would hope that you folks leave that to my judgment if I
decide not to put it on the Committee Meeting to discuss the proviso because maybe
I would wait to budget. Please give me some leeway there. JoAnn, do you have
some commentary?
Ms. Yukimura: Yes. I really appreciate Mel's clarification
that it is clearly for both tourists and residents. I also wanted to say that we need
to approve this so that they do not come and request it during budget. This is
another source of money other than County money, so it is another reason we
should go for it. Assuming we agree on the project and that it is good for the island,
residents, and visitors; it is a way to really enhance the sense of place and our
knowledge about it. It is not County money. We need to go for this. Thank you.
Chair Furfaro: Yes. I would also like to acknowledge the
fact that Mr. Rapozo, as he is pointing out, that there is a secondary benefit here;
that benefit is for our keiki and my mo opuna. I would like to move forward with
roll call vote please.
The motion to approve C 2014-15 was then put, and carried by the following
vote:
FOR APPROVAL: Chock, Hooser, Kagawa, Rapozo,
Yukimura, Furfaro TOTAL— 6,
AGAINST APPROVAL: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum TOTAL— 1,
RECUSED & NOT VOTING: None TOTAL— 0.
C 2014-16 Communication (12/10/2013) from the Housing Director,
requesting Council approval for the following:
1) Fee simple acquisition from the owners of the residential unit situated at
3920 Haoa Street, #312, Lihu`e, for not more than $186,850;
2) Fee simple resale of the residential unit situated at 3920 Haoa Street,
#312, Lihu`e, for not more than $186,850, to a participant of the
COUNCIL MEETING 27 JANUARY 16, 2014
Affordable Housing Program Waitlist whose household income does not
exceed 80% of the Kaua`i Median Household Income (KMHI);
3) Authorize the County Clerk to sign legal documents related to the
acquisition and resale transactions.
Mr. Rapozo moved to approve C 2014-16, seconded by Ms. Yukimura.
Chair Furfaro: Is there anyone who wants to give testimony
on this item? Is someone from Housing coming over on this financial item? We will
try to get someone from Housing here, so I am going to ask to move this to the later
part of the agenda. Let us go to the next item please.
C 2014-17 Communication (12/06/2013) from the Director of Finance,
transmitting for Council information, the First Quarter Estimate of Revenues and
Expenditures (Periods 1-3) for the Fiscal Year 2013-2014: Mr. Rapozo moved to
receive C 2014-17 for the record, seconded by Ms. Yukimura.
Chair Furfaro: Should I suspend the rules to see if we have
any questions from the Finance Director? No. Okay. Is there anyone who wants to
give public testimony? This is for July, August, and September? Yes, thank you.
Mr. Rapozo: Mr. Chair?
Chair Furfaro: Yes?
Mr. Rapozo: I am moving to receive this, but we are going
to get an in-depth presentation when the budget comes across in March. Am I
correct? I am receiving this today and sparing the discussion with the
understanding that we will have the full and complete dialogue at the budget.
Chair Furfaro: Very good. Thank you for that commentary.
It was well-stated. On that note, I would like to go back to C 2014-16 if I could.
After we vote on this, I am going to exit and turn the meeting over to Mr. Chock. I
do ask for your indulgence. I do want to be present when we have the discussion on
the Environmental and Public Health Impact Study (EPHIS), so please hold that
until my return. We had no one to give testimony on the last particular piece.
Thank you.
The motion to receive C 2014-17 for the record was then put, and carried by
a vote of 6:0:1 (Mr. Bynum was excused).
Chair Furfaro: Let us go back to C 2014-16. I would like to
turn the meeting over to Vice Chair Chock. Now that the Housing Department is
present, I will suspend the rules. Mr. Chock, you now have the meeting.
Chair Furfaro, the presiding officer, relinquished Chairmanship to
Mr. Chock.
(Council Chair Furfaro was noted as excused from the meeting at 10:24 a.m.)
Mr. Chock: Thank you, Chair. I think we have some
questions for you, Mr. Cobb-Adams. I am going to suspend the rules now and ask if
you can come up.
COUNCIL MEETING 28 JANUARY 16, 2014
There being no objections, the rules were suspended.
KAMUELA COBB-ADAMS, Housing Director: Good morning. Sorry,
Council. We jogged over, if it helps. Kamuela Cobb-Adams.
STEVEN FRANCO, JR., Homebuyer Specialist: Good morning, Council.
Steve Franco from the Housing Agency.
Mr. Chock: Do we have specific questions that we want
to ask? Councilmember Yukimura?
Ms. Yukimura: Yes. Thank you. Aloha Kamuela and Steve.
Thank you for being here. I think this is a pretty perfunctory thing; a request to
exercise our buyback on a property that was sold under the terms of our Housing
Program.
Mr. Cobb-Adams: Yes.
Ms. Yukimura: I do not have any problems with that, but on
second reading of it, I realized that it is the condo project by the industrial on the
golf course. Is that the one?
Mr. Franco: Yes, that is correct.
Ms. Yukimura: That was the one that in the original vision
was to be one hundred percent (100%) employee housing and when the 2008 crash
came, the Council at that point, loosened the requirements and allowed those to be
sold into the market, as I recall, except for one (1), two (2), or three (3) units that we
bought as a County. Is that correct?
Mr. Franco: Well, the initial sales followed
Ordinance No. 860. We went through different sales periods where we limited it to
basically just employees of the Marriott, and then we opened up the next sales limit,
but there were income limits. We went through all the different phases of what
Ordinance No. 860 says, and then when there were still units available, they went
to the open market at that time. Eventually, the County was offered, at that time,
once all the sales periods were met, the County was offered the option to purchase
units in that complex, and so we did purchase three (3) units at that time.
Ms. Yukimura: But in exchange for a density of eight
hundred (800) resort units, we just have three (3) worker units left basically.
Mr. Franco: Correct. Those three (3) units were sold to
participants though.
Ms. Yukimura: Right and we are exercising our buyback.
Mr. Franco: Yes.
Ms. Yukimura: How long is the buyback?
Mr. Franco: For this particular unit, it was a ten (10)
year buyback.
COUNCIL MEETING 29 JANUARY 16, 2014
Ms. Yukimura: Right. For ten (10) years, we will have
affordable housing, and then there is a great possibility that... especially in this
kind of market, there will no longer be any affordable housing. This buyback, right
now, is keeping it affordable and for another ten (10) year period, right?
Mr. Franco: Just so you know, this was actually not a
unit that the County purchased; it was a unit that was sold on the open market
during a restricted period, though. That was subject to a ten (10) year period, so it
was not originally a unit that the County purchased; it was something that was sold
on the open market.
Ms. Yukimura: Thank you for that clarification. So that
means that we have three (3) of our units, which we...
Mr. Franco: Which are currently sold and occupied.
Those are subject to a twenty (20) year buyback restriction.
Ms. Yukimura: Right. How many were sold during the
restricted period that is subject to the ten (10) year buyback?
Mr. Franco: There are about fifteen (15) units that were
either subject to the twenty (20) year or ten (10) year buyback.
Ms. Yukimura: Okay.
Mr. Franco: They varied.
Ms. Yukimura: Fifteen (15) units plus three (3) or including
the three (3) units?
Mr. Franco: Fifteen (15) units including the three (3)
units.
Ms. Yukimura: What is the total number of units over there?
Mr. Franco: Thirty-one (31)... so about fifteen (15) or
sixteen (16) units were sold on the open market unrestricted.
Ms. Yukimura: Okay. Actually, our Affordable Housing
Advisory Committee should look at that case study, so to speak, because what was
initially hoped to be thirty (30) units that would be affordable housing for ten (10)
years, which is too short to me; fifteen (15) units are for ten (10) or twenty (20)
years at the most, even that is short given our economy and what the housing
condition will be in ten (10) or twenty (20) years. I suspect they will be worse than
they are today. We really need to understand that case study as we amend our
Ordinance into the future. Thank you for those details, Steve, because I was not
tracking and you have helped to inform me of the actual situation.
Mr. Franco: You are welcome.
Ms. Yukimura: To me then, this request today is a
"no-brainer" because we want to keep it insulated against the market, so that it will
be affordable housing for as long as possible. Thank you very much.
COUNCIL MEETING 30 JANUARY 16, 2014
Mr. Chock: Members?
Mr. Kagawa: In March 24, 2011, we purchased it? We are
estimated to buy it back on February 3, 2014?
Mr. Cobb-Adams: There are a couple of them on there...
Mr. Kagawa: Roughly, about three (3) years?
Mr. Franco: Yes.
Mr. Kagawa: It has been lived in...
Mr. Franco: Yes, just under three (3) years.
Mr. Kagawa: In the three (3) year period, we sold it for one
hundred eighty-six thousand eight hundred fifty dollars ($186,850)?
Mr. Franco: Actually, the original purchase price that the
person purchased it for was one hundred seventy-six thousand six hundred fifty
dollars ($176,650).
Mr. Kagawa: We are buying it back...
Mr. Franco: For one hundred eighty-six thousand eight
hundred fifty dollars ($186,850) and that is subject to...
Mr. Kagawa: Improvements?
Mr. Franco: Yes and we give them a credit for the closing
cost that they paid at the time they purchased, and then for any improvements, we
give them a one percent (1%) per annum. That is how our buyback restriction and
buyback calculation is stated.
Mr. Kagawa: Okay. Basically, if we add up, it is basically
almost the same price.
Mr. Franco: Yes.
Mr. Kagawa: That is how it works, right?
Mr. Franco: Right.
Mr. Kagawa: Okay. Good. It is a "no-brainer."
Mr. Franco: Kind of, yes.
Ms. Yukimura: This just came to my mind; do we do exit
interviews to understand why they are selling?
Mr. Franco: We ask that any homeowner provide us in
writing their request to sell or for us to buy it back, and usually in that letter, they
COUNCIL MEETING 31 JANUARY 16, 2014
explain the situation of why they want to sell within the buyback period. We
usually do get an explanation of why they want to sell.
Ms. Yukimura: Okay. I do not need to know it for this
specific case, but I think it is also good information, which we should match against
our intention, for why these houses are in our pool of affordable housing. If it
suggests that when the market is getting better, people just want to move; that is
one thing. Sometimes there is divorce, death, and all kinds of things. It would just
be more interesting information to see in a generalized format.
Mr. Franco: Like you just mentioned, there are a bunch
of various reasons and you mentioned a lot of them already.
Ms. Yukimura: Yes. They happen in life, so we want to have
good ways for them to release the property because they may need the money or
deal with the property in a way unanticipated, i.e., they both plan to live there and
now they do not, and things like that. I think our formula is pretty fair, but you
just constantly want to critique that to see if our program is working.
Mr. Franco: Correct.
Ms. Yukimura: Okay. Thank you.
Mr. Chock: Members, are there any further questions
about the posted item? If not, thank you, gentlemen. I think we have another Bill
in the future coming up today on Housing. Do you have another question?
Ms. Yukimura: May I suggest that we take that other item
right after we vote on this so that they do not have to stay?
Mr. Chock: Okay. Is that okay, gentlemen? Is that okay
Mr. Clerk?
Mr. Watanabe: Vice Chair Chock, we have a motion and
second to approve this item.
Mr. Chock: Is there anyone from the public who would
like to testify on this? If not, I would like to call the meeting back to order.
There being no objections, the meeting was called back to order, and
proceeded as follows:
The motion to approve C 2014-16 was then put, and carried by a vote of 6:0:1
(Mr. Bynum was excused).
Mr. Watanabe: Vice Chair Chock, we had a request to take
Bill No. 2521 on page number seven out of order. Shall I read that item?
Mr. Chock: Yes, please.
There being no objections, Proposed Draft Bill No. 2521 was taken out of the
order.
COUNCIL MEETING 32 JANUARY 16, 2014
BILLS FOR SECOND READING:
Proposed Draft Bill (No. 2521) —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 HOUSING & COMMUNITY DEVELOPMENT
REVOLVING FUND (Housing Agency Grant Funded Bargaining Unit 13
Increases— $20,891): Mr. Rapozo moved for passage of Proposed Draft Bill No. 2521
on first reading, that it be ordered to print, that a public hearing thereon be
scheduled for February 12, 2014, and that it thereafter be referred to Finance &
Economic Development (Tourism / Visitor Industry / Small Business Development /
Sports & Recreation Development / Other Economic Development Areas)
Committee, seconded by Mr. Kagawa.
Mr. Kagawa moved to amend Proposed Draft Bill No. 2521 as circulated, as
shown in the Floor Amendment which is attached hereto as Attachment 1,
seconded by Ms. Yukimura.
Mr. Chock: We have a motion to amend on the floor. Do
we have any discussion on the amendment?
Mr. Kagawa: I just want to explain the amendment, which
is basically to put everything in the proper accounts.
Mr. Chock: Okay. Thank you. I will suspend the rules
now. I think Mr. Hunt has a narrative.
Mr. Kagawa: May I add something first? The amendment
is to change "General Fund" to the "Housing and Community Revolving Fund."
Mr. Chock: Thank you for that clarification. I will
suspend the rules now.
There being no objections, the rules were suspended.
Mr. Hunt: Steve Hunt, Director of Finance for the
record. Just for further clarification, the actual account numbers were within that
Revolving Fund. It was just a typo of having the "General Fund" on the first
paragraph, so I am clarifying that this is correcting it to the funds of which the
moneys are coming from.
Mr. Rapozo: I have a real quick question.
Mr. Chock: Sure.
Mr. Rapozo: Prior to this amendment, have these salaries
been paid out of the General Fund?
Mr. Hunt: No, these are actually paid out of the funds
from which the employees are currently paid from.
Mr. Rapozo: Okay. In a current budget year, these
positions that you have here have been paid out of the Revolving Fund?
COUNCIL MEETING 33 JANUARY 16, 2014
Mr. Hunt: Correct. This is additional for the raises and
increases.
Mr. Rapozo: Because the salary increases... originally the
Bill was—it was a typo?
Mr. Hunt: Yes.
Mr. Rapozo: This is a correction?
Mr. Hunt: Correct. We were not attempting to move
moneys from the General Fund to the 211. The intent was 211 to 211 with the
potential salary savings.
Mr. Rapozo: Okay. I understand that this is just a
housekeeping thing. Thank you.
Mr. Chock: Are there any other questions?
Ms. Yukimura: Kamuela, I may be putting you on the spot,
but I asked Steve as part of the Administration whether these moneys were being
taken away from the Planner position, which required that you go without a
planner for half a year. He informed us that the Administration or the Mayor has
declared a moratorium on all unfilled positions in order to address the need for the
budget caused by these Collective Bargaining raises. I was not aware that it was
part of a Countywide process, but as Housing Committee Chair, I am being
concerned that Housing, which is trying to address a crisis, has to operate without a
very critical position. I would like to ask you how that is affecting your Agency and
I would like to ask you to respond honestly.
Mr. Cobb-Adams: Okay. I will try to give you the bigger
picture. Sequestration happened, so majority of the Staff in the Housing Agency
are funded through Federal Administrative costs whether it be administration fees
for running our Community Development Block Grant (CDBG) programs, our Home
programs, and Section 8 program, which are all Housing and Urban Development
(HUD) programs. Basically, we have cuts in all three areas and not only do we have
cuts in those areas, but for instance, our home funding actually goes from... because
we are a smaller County, it goes to the State and the State then provides it to the
County so they take admin fees from it. Their admin fees increased, so we are
getting half as much admin fees than we used to get. Realistically, we went from
getting one hundred thousand dollars ($100,000), which still does not always fund
salaries and benefits, but now we are getting fifty thousand dollars ($50,000) a year.
Now, these Bargaining Unit raises have put us in the red this year and we did not
anticipate it. We tried to get everything good for the sequestration and we stayed in
tune with that, but these budget raises really put us in a pickle. Because of that,
we have to address these retro for this year, which we could not anticipate what it
was going to be. We saw the six (6) month freeze as an opportunity to use that
salary and move it to the Staff to make up their raises for this year. Being frank,
next year we are even more of a dire situation because there are even more raises
and less money. I just met on our budget and we are going to be significantly short
and we will be in a worse situation next year just given that the Federal
government is not giving us the same resources they used to give. I guess the
burden is falling more on the County. What we tried to do is, like I said, because
COUNCIL MEETING 34 JANUARY 16, 2014
there is this six (6) month freeze to try to save money, we followed that, and
fortunately, that salary had enough to carry this year's raises.
Ms. Yukimura: So that is about forty thousand dollars
($40,000) to fifty thousand dollars ($50,000)?
Mr. Cobb-Adams: I think it is between thirty thousand dollars
($30,000) and forty thousand dollars ($40,000). I am sorry. I did not really come
with my budget or anything.
Ms. Yukimura: I know...
Mr. Chock: I just want to make sure that we are staying
on the item. I know Council Chair said that we would bring this up again. Is that
correct?
Ms. Yukimura: This is a Bill that is trying to address the
problem caused by the Collective Bargaining increases. I am trying to understand
why we do not have another forty thousand dollars ($40,000) in there because that
would make them whole and able to operate. It is very relevant. I could amend the
Bill to include another thirty thousand dollars ($30,000) or forty thousand dollars
($40,000).
Mr. Chock: Do you have a question for him?
Ms. Yukimura: Yes. I appreciate the background because
Housing is very special. It was kind of a hand maiden to our regular County
operations and it was not part of the Charter initially. It is still under the Mayor's
Office. Yet, they are doing a "Herculean task" and addressing a really critical
community issue. That is why in the Hawai`i State Association of Counties (HSAC)
package, I recommended us looking at a conveyance tax surcharge and asking the
Legislature so we could help fund Housing because without the Housing Agency,
there is nobody to do all of these projects and push forward the kind of agenda that
we have to address affordable housing. You said it is about thirty thousand dollars
($30,000) to forty thousand dollars ($40,000) that would enable you to even begin to
recruit now because that was Barbara Pendragon's position and she retired. You
cannot recruit without the money being in place, right?
Mr. Cobb-Adams: Correct.
Ms. Yukimura: The recruiting means going through... it
does not mean that the position will be filled as soon as we give them the money.
There is a lead-time here too. It is not just six (6) months. They are going to start
recruiting six (6) months from now, which is like almost one (1) year without a
Planner.
Mr. Cobb-Adams: Actually, we have an upcoming retirement so
we will see what happens. You never know until the person retires, right? But we
are looking at trying to offset that, if we can.
Ms. Yukimura: Okay. I have had my questions answered.
Thank you.
Mr. Chock: Councilmember Rapozo has a question.
COUNCIL MEETING 35 JANUARY 16, 2014
Mr. Rapozo: I just want to make sure that I understand.
You came across with a money Bill to address the salary increases from Collective
Bargaining?
Mr. Cobb-Adams: Right.
Mr. Rapozo: The Bill that came over, Proposed Draft
Bill No. 2521 erroneously listed the source account as "General Fund." It needs to
be the "Revolving Fund." This Bill has nothing to do with positions, creating
positions, or anything like that; it is to transfer the money or "make it right" that it
is not coming out of the General Fund, but it is coming out of the Revolving Fund.
Mr. Hunt: Correct. It was just a clarification of the
title. The funds that are the 211 funds are listed correctly there so we are not
changing the source, just changing the title...
Mr. Rapozo: Fixing the Bill.
Mr. Hunt: Yes. The funding source is still the 211 and
all of this is doing is using a current retirees offset in salary savings to fund the
raises for those that are in that or being funded by the 211 to fund their raises.
Mr. Rapozo: Okay. I think Councilmember Yukimura's
questions are very appropriate and I just think that for today's Bill, it is not
appropriate because this Bill is simply to address those Collective Bargaining
increases. I would suggest that the discussion be had at the budget because that is
where we have the opportunity to express our concerns about where we believe the
needs of the Administration or what we believe should happen in the
Administration. I would just ask that we move forward and approve this Bill
because it really is a housekeeping matter as opposed to a policy.
Mr. Hunt: The only thing I would like to clarify is the
current salary of that employee who retired is about sixty-four thousand nine
hundred twenty dollars ($64,920), so it does not have to be a full six (6) months to
achieve the Fund Balance. In fact, we actually have Fund Balance in the 211, but
that has just been the Mayor's protocol in terms of trying to continue to create
healthy Fund Balances because we know we have some head wind in
Fiscal Year 2015 and we are trying to address those at every chance we can.
Mr. Chock: Thank you for that clarification. I
understand they are somewhat connected, but let us keep on-task with the specific
amendment.
Mr. Kagawa: This is only our first reading. I guess you
have heard some concerns. We have some time before the public hearing, and then
it goes to Committee. Is it okay with you to work with Councilmember Yukimura
and see if you can maybe answer some of our concerns in the next month or
whatever it takes to get back to Committee? I think at that time if there are still
disagreements, that is the time to bombard you with questioning as far as why we
disagree with the Mayor in this manner. Thank you.
Mr. Chock: Thank you. Councilmember Yukimura, do
you have a question?
COUNCIL MEETING 36 JANUARY 16, 2014
Ms. Yukimura: Yes. I do recognize that it is first reading
and I appreciate Councilmember Kagawa's suggestion that we can look further into
it without further discussion. This Housing & Development Program Specialist—of
these positions listed, is any of these the Planner position?
Mr. Cobb-Adams: No.
Ms. Yukimura: Okay. Thank you.
Mr. Chock: Are there any further questions,
Councilmembers? If not, I would like to thank you again, Kamuela, for being here.
We will call this meeting back to order. We have an amendment on the floor. Is
there any further discussion on this amendment, Councilmembers?
There being no objections, the meeting was called back to order, and
proceeded as follows:
The motion to amend Proposed Draft Bill No. 2521 was then put, and carried
by a vote of 6:0:1 (Mr. Bynum was excused).
Mr. Chock: The motion passes, so now we have to do a
roll call...
Ms. Yukimura: Vice Chair, I have a discussion.
Mr. Chock: Sure. Go ahead, Councilmember Yukimura.
Ms. Yukimura: This Bill is basically to balance the budget in
Housing due to the Collective Bargaining increases. I think we have a chance in
here to really balance the budget by making sure that there are moneys for the
Planner position. I will be looking at that before this Bill comes to Committee, after
the public hearing. Thank you.
Mr. Chock: Before I move forward with the vote, I just
wanted to make sure that we have an opportunity for the public to testify on the
amendment. I will suspend the rules.
There being no objections, the rules were suspended.
Mr. Sykos: For the record, Lonnie Sykos. If I
understand what I am hearing today correctly, the County knew that it was going
to engage in Collective Bargaining most likely with salary, wage increases, and all
those associated costs. If I understood what has been said in our planning for this
budget, we plan for a zero increase in wages and now we are scrambling to find the
money because the Collective Bargaining Agreements transpired? I am not posing
that as a question now, but I am doing it as an observation that as in the future as
we do our budget planning, it would seem that though we cannot accurately forecast
what the outcome is going to be of the Collective Bargaining, but we do know that
there will be some amount of raise and that ought to be structured in to our future
budgets so we do not find ourselves scrambling to find money for raises that we
knew were going to occur; we just did not know how much. Thank you for your due
diligence and it will be an interesting budget session this year.
COUNCIL MEETING 37 JANUARY 16, 2014
Mr. Chock: Thank you for your comments. Is there
anyone else who would like to speak on this item? If not, I will call the meeting
back to order.
There being no objections, the meeting was called back to order, and
proceeded as follows:
The motion for passage of Proposed Draft Bill No. 2521 as amended on first
reading, that it be ordered to print, that a public hearing thereon be
scheduled for February 12, 2014, and that it thereafter be referred to Finance
& Economic Development (Tourism / Visitor Industry / Small Business
Development / Sports & Recreation Development / Other Economic
Development Areas) Committee was then put, and carried by the following
vote:
FOR PASSAGE: 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.
Mr. Chock: Mr. Clerk, may you bring us to the next item
please?
Mr. Watanabe: Vice Chair, shall we go back to the
Communications where we left off? We have three (3) Communications that I think
we can take together.
COMMUNICATIONS:
C 2014-18 Communication (12/11/2013) from the Director of Finance,
transmitting for Council information, the Condition of the County Treasury
Statement quarterly report as of November 1, 2013: Mr. Rapozo moved to receive
C 2014-18 for the record, seconded by Ms. Yukimura.
C 2014-19 Communication (12/19/2013) from the Director of Finance,
transmitting for Council information, the Schedule of Fund Balances for the Fiscal
Year Ended June 30, 2013, pursuant to Section 19.14 of the Kaua`i County Charter:
Mr. Rapozo moved to receive C 2014-19 for the record, seconded by Ms. Yukimura.
C 2014-20 Communication (12/27/2013) from the Director of Finance,
transmitting for Council information, the Period 4 Financial Report — Detailed
Budget Report, Statement of Revenues (Estimated and Actual), Statement of
Expenditures and Encumbrances, and Revenue Report as of October 31, 2013,
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: Mr. Rapozo moved to
receive C 2014-20 for the record, seconded by Ms. Yukimura.
Mr. Chock: Members, are there any questions? Seeing
none, is there anyone that would like to testify on these items? Members, is there
any discussion? Councilmember Yukimura.
Ms. Yukimura: Vice Chair, would we be able to receive
testimony from the Kauai Historical Society (KHS) right now on this
COUNCIL MEETING 38 JANUARY 16, 2014
communication? It is a cover letter for the Bill that comes up later. I am sorry... I
am mistaken.
Mr. Chock: We can go back to it after.
Ms. Yukimura: Okay. Good.
Mr. Chock: If there is no one who wants to give public
testimony on these items, we will call for the vote.
The motion to receive C 2014-18, C 2014-19, and C 2014-20 for the record was
then put, and carried by a vote of 6:0:1 (Mr. Bynum was excused).
Mr. Chock: Can we go to the next item please?
Mr. Watanabe: Vice Chair, Solid Waste is not here and I
know Chair Furfaro requested to be here on C 2014-22, so let us go to C 2014-23 on
page number six.
There being no objections, C 2014-23 was taken out of the order.
COMMUNICATIONS:
C 2014-23 Communication (01/03/2014) from Council Chair Furfaro,
transmitting for Council approval the nomination of Councilmember Mel Rapozo to
fill the National Association of Counties (NACo) Board of Director vacancy for the
remaining term ending July 14, 2014, pursuant to Section 5A of the Hawai`i State
Association of Counties (HSAC) Bylaws: Mr. Kagawa moved to approve C 2014-23,
seconded by Ms. Yukimura.
Mr. Chock: Are there any questions or discussion?
Ms. Yukimura: Yes. I want to support this nomination of
Councilmember Rapozo for the National Association of Counties (NACo) Board of
Directors. Councilmember Rapozo has been a really great liaison with HSAC and
NACo, so to me it is really appropriate that he be nominated for this position. I
thank him for being willing to take it on.
Mr. Rapozo: Thank you. My heart is warm.
Mr. Chock: Is there any further discussion?
Mr. Kagawa: I too, want to thank Councilmember Rapozo
for serving and spending a lot of time away from Kaua`i and all of the attention he
spends on these matters representing our body. I think it is important to have a
strong leader who has the contacts and Mr. Rapozo has established that. He is
well-known not only in Hawai`i, but on the national scene to represent Kaua`i
County, so thank you, Mr. Rapozo.
Mr. Chock: Is there any other discussion?
Mr. Rapozo: Can we spend more time on this? Gary, do
you have anything nice to say about me too? I thank you all. I think it is really
incumbent on all of us to participate in NACo. We have a legislative conference
COUNCIL MEETING 39 JANUARY 16, 2014
coming up in March and I hope that we get as many people from the State up there.
Just for your information, this year, Ricky Hokama from Maui will be sworn in as
the NACo President, which is a huge task considering that the whole County votes
for that person. I keep saying for a guy from Lana`i, a very small island of Lanai, to
garner the votes throughout the Country to lead NACo, which is over three
thousand (3,000) Counties is quite a feat. This year, starting in July when Ricky
takes over the helm of NACo, it is an opportunity for Hawai`i to take advantage of
that local Hawai`i leadership that we must all really take advantage of. I
appreciate the support. Again, this is to fulfill the unfinished term. Mr. Hooser
served as the NACo Board of Director and had to step down. It is a commitment. It
is a lot of travel, which is no fun, but I appreciate the service, Mr. Hooser. He is a
natural as well and made an impact when he went to the mainland and represented
Kaua`i and Hawaii well, so thank you for your service. Again, this is just to fulfill
the unfinished term, and then it will open up again in July. Thank you.
Mr. Hooser: I just want to say a few words. I did resign
from the seat and I am very pleased that Councilmember Rapozo has chosen to step
up to that responsibility. We joke about this a little bit, but it really requires a
strong commitment, and my commitment is being focused on the State Legislature
this year. The traveling and interacting with the Legislature will not allow me... it
is just too much time. The fact that Councilmember Rapozo is willing to step up
and put that time in is much appreciated. It takes time away from home, time
away from Council business, and other activities, and it is very important work
working at the national level. I just wanted again to thank Councilmember Rapozo
for taking the responsibility seriously and putting in the hours and effort necessary
to do a good job. Thank you.
Mr. Chock: At this time, I just want to ask if the public
has anything to say on this issue, on this item, the nomination of Councilmember
Rapozo? Seeing none, I would like to call for a vote.
The motion to approve C 2014-23 was then put, and carried by a vote of 6:0:1
(Mr. Bynum was excused).
Mr. Watanabe: Vice Chair Chock, can we take the
Committee Reports and then take a caption break?
Mr. Chock: Okay. Let us move on to Committee Reports
please.
COMMITTEE REPORTS:
FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY /
SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION
DEVELOPMENT/ OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE:
A report (No. CR-FED 2014-01) 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. 2512 — 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
COUNCIL MEETING 40 JANUARY 16, 2014
HAWAI`I, FOR THE FISCAL YEAR JULY 1, 2013 THROUGH
JUNE 30, 2014, BY REVISING THE AMOUNTS ESTIMATED IN THE
GENERAL FUND (Office of the County Attorney, Special Counsel - $95,053),"
Mr. Kagawa moved for approval of the report, seconded by Mr. Rapozo, and
carried by a 6:0:1 vote (Mr. Bynum was excused).
COMMITTEE OF THE WHOLE:
A report (No. CR-COW 2013-20) submitted by the Committee of the Whole,
recommending that the following be approved as amended on second and final
reading:
"Resolution No. 2013-72 — RESOLUTION TO IMPLEMENT AN
ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS STUDY (EPHIS),
VIA FORMATION OF A PESTICIDE AND GENETIC ENGINEERING
JOINT FACT FINDING GROUP (JFFG),"
Mr. Kagawa moved for approval of the report, seconded by Mr. Rapozo, and
carried by a 6:0:1 vote (Mr. Bynum was excused).
A report (No. CR-COW 2014-01) submitted by the Committee of the Whole,
recommending that the following be approved as amended on second and final
reading:
"Bill No. 2497 — A BILL FOR AN ORDINANCE TO AMEND THE
KAUAI COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW
ARTICLE TO CHAPTER 4, RELATING TO THE REGISTRATION AND
REGULATION OF LOBBYISTS,"
Mr. Kagawa moved for approval of the report, seconded by Mr. Rapozo, and
carried by a 6:0:1 vote (Mr. Bynum was excused).
Mr. Chock: Shall we take the break now?
Mr. Watanabe: Yes, we should take a ten (10) minute
caption break.
Mr. Chock: We will have a ten (10) minute recess now.
Thank you.
There being no objections, the meeting recessed at 11:02 a.m.
The meeting reconvened at 11:17 a.m., and proceeded as follows:
Mr. Chock: We will call this meeting back to order. For
the record, Councilmember Rapozo has stepped out and is excused. We would like
to accommodate our speakers who are in the audience today. We will be taking
Bill No. 2528 first.
(Mr. Rapozo was excused at 11:17 a.m. for the remainder of the day.)
There being no objections, Proposed Draft Bill No. 2528 was taken out of the
order.
COUNCIL MEETING 41 JANUARY 16, 2014
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2528) —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,
Administration — Other Services, Kauai Historical Society Grant — $25,000):
Mr. Kagawa moved for passage of Proposed Draft Bill No. 2528 on first reading,
that it be ordered to print, that a public hearing thereon be scheduled for
February 12, 2014, and that it thereafter be referred to Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee,
seconded by Ms. Yukimura.
Mr. Chock: Members, are there any questions? If not, I
would like to ask the public if they have any public testimony.
Mr. Watanabe: We have two (2) registered speakers for this
item. They are William Fernandez and Mary Requilman from the Kaua`i Historical
Society.
Mr. Chock: I will suspend the rules. Please come up.
There being no objections, the rules were suspended.
WILLIAM FERNANDEZ: Aloha `oukou. Mahalo County
Councilmembers for giving us this opportunity to speak to you. First, let me
compliment you on the excellent way that you conduct your business. Over the last
six (6) months, we have been working with...
Mr. Chock: I am sorry. Would you be able to say your
name for the record?
Mr. Fernandez: Okay. My name is William Fernandez, a
keiki o ka aina of the island of Kaua`i.
Mr. Chock: Thank you so much.
Mr. Fernandez: For the last six (6) months, we have been
working with Chair Jay Furfaro regarding a joint celebration of this County Council
Building's one hundred (100) years and the dedication of it, and of course, our one
hundred (100) centennial anniversary of the Historical Society. Our plans are to
make this a cultural event and to celebrate the wonderful ethnic people that have
made Kaua`i a great place to live in. We are kicking off our event on January 18 at
the Aston Hotel. I have given you an invitation to come and I wish you would. The
Okinawans will present their culture, their dance, their song, and their history to
our people. Let me emphasize that this is what we are trying to do. We are trying
to emphasize the ethnic groups that have made our place great. So what we are
doing is first, we are having an essay contest for children of our schools, in
conjunction with Bill Arakaki, to talk about their kupuna; their ancestors. Our
children have pride in the hard work that the people from the past did to get us
where we are today. We are having these monthly events and the essay contest will
COUNCIL MEETING 42 JANUARY 16, 2014
be of course through the whole months of our celebration, but we are having
monthly events to celebrate each of the cultures. We do the Okinawans this month,
Chinese next month, we will have a Tongan event, and of course, the people of
Ni`ihau and their story about shell lei making. Culminating in May 10, when we
will be doing the celebration of all these cultures, we will have Chinese people,
Japanese people, Okinawan people, Filipino people, and Portuguese people. By the
way, I want to mention that a little bit because this is exciting to me because I am
Portuguese in heritage. When I grew up, our County was very much helped and
influenced by the Portuguese community. When I started planning this event, I
found out that the Portuguese societies have literally disappeared. Do you know
that we have revived the society and have gotten so excited about the event that we
went back to Portugal to Madeira to the Azores to get traditional dress and
instruments to present on May 10. The Portuguese Society... genealogical society
in Honolulu have gotten excited and they are going to come down and start the
genealogical tracing of the Portuguese people, which our Society wants to expand to
all the ethnic groups and give you all the opportunity to find out about your
ancestry. I am really excited about what we are trying to do jointly with this
County to make this a place where we look to our ancestors and we look to them
with pride for their hard work that got us where we are today. I know I am getting
maybe a little too emotional about the subject, but since I have been working on it
for these many months and I am seeing people coming together and really wanting
to talk about our past.
Mr. Chock: Thank you so much, Judge. I know we have
gone through the three (3) minutes, but if Mary wants to continue or add to it, we
can honor that as well.
MARY REQUILMAN: My name is Mary Requilman, Executive
Director of the Kaua`i Historical Society. Bill has been our President for two (2)
years...
Mr. Fernandez: No, six (6) months.
Ms. Requilman: Well, anyway, it is a wonderful addition to
our Board and he has been instrumental in putting together this fabulous
celebration that we anticipate ending on May 10, which is our anniversary month.
It is also the month that the building was celebrated one hundred (100) years ago
on May 7, 1914. "The Judge Dickey ball" was held out here on our grounds and it
celebrated the starting of this wonderful building that we love to live in. The
Historical Society has been a happy tenant for seventeen (17) years in this beautiful
building in the Mayor's former offices. This is sort of a recreation of what happened
one hundred (100) years ago for the building and for the Historical Society. I think
it is a wonderful opportunity for the community to learn about their history, about
this beautiful building, and about the Historical Society. Thank you very much.
Mr. Chock: Thank you very much for your comments.
What I would like to do is bring the meeting back to order. Are there any
questions? Councilmember Yukimura?
Ms. Yukimura: Mary, you mentioned Judge Dickey and now
we have a Judge again, do we not?
Ms. Requilman: Yes we do.
COUNCIL MEETING 43 JANUARY 16, 2014
Ms. Yukimura: Judge Fernandez.
Ms. Requilman: Yes. We planned it that way.
Ms. Yukimura: I just want to thank you for your work on
this. I wanted to ask just a small thing about the children's piece to this. Am I
correct to understand that the project will request or require young people to go and
talk to their kupuna or their tutu and get an oral history?
Ms. Requilman: Yes.
Ms. Yukimura: I remember a project that Chiefess
Kamakahelei Middle School did several years ago, but they actually turned it into a
book where children interviewed their grandparents and then wrote out the oral
history of their grandparents.
Ms. Requilman: We have that on our shelf in our library. It
is a wonderful addition to the history of Kaua`i and to help the children learn about
their ancestors and the importance of their contributions; that is what we are
hoping. The school district is so excited about it that they think they will want to
continue this and all the schools with ongoing projects every year. It is wonderful.
Ms. Yukimura: There are constantly new grandpas and
grandmas. I am hoping to be one soon. Great, thank you.
Mr. Chock: Thank you so much.
Mr. Fernandez: Mahalo again. Aloha.
Mr. Chock: Is there anyone in the public who wishes to
testify on this? Seeing none, may I ask for a roll call vote please?
There being no objections, the meeting was called back to order, and
proceeded as follows:
The motion for passage of Proposed Draft Bill No. 2528 on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
February 12, 2014, and that it thereafter be referred to Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee was
then put, and carried by the following vote:
FOR PASSAGE: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Mr. Chock: Thank you. Can we go to the next item
please?
Mr. Watanabe: We are going to back to C 2014-21.
COMMUNICATIONS:
COUNCIL MEETING 44 JANUARY 16, 2014
C 2014-21 Communication (12/17/2013) from Council Chair Furfaro,
requesting the presence of the County Engineer to provide an update on the County
of Kaua`i's Residential Refuse Collection Assessment Process, which appeared as
Finding 13-03, of the Management Advisory Report for the Fiscal Year Ended
June 30, 2013. This update should include, but not be limited to, corrective action
to address this finding, enforcement mechanisms for unpaid Residential Refuse
Collection Assessments, the process for managing the accounts receivables tied to
this fee, any associated penalties, and the personnel needs necessary to administer
this fee collection process: Mr. Kagawa moved to receive C 2014-21 for the record,
seconded by Ms. Yukimura.
Mr. Chock: Thank you. We have some visitors from that
Department. Can you please join us? I will suspend the rules.
There being no objections, the rules were suspended.
LYLE TABATA, Deputy County Engineer: Vice Chair and
Councilmembers, Lyle Tabata, Deputy County Engineer. We submitted a written
response just to summarize the Residential Refuse Collection Assessment (RRCA)
program. It is run through the County's Real Property Tax Collection system
program. As with the Real Property Tax delinquencies... when we were do review
the delinquencies, there is a priority set of the collection process that the priority of
collection is based on fees for interest and principal on Real Property Tax payments,
and then the Residential Refuse Collection Assessment fees follow. From the
findings, we have worked with Information Technology (IT), the Finance
Department, and the Real Property Tax group to create a quarterly report separate
of what is received and broken the residential refuse collection fee separately from
the full report. Moving forward, we will be having a quarterly report from us to
review and act upon.
Mr. Chock: Thank you. Members, do you have any
questions about this? Councilmember Kagawa.
Mr. Kagawa: On the island, how many homes do we pick
up rubbish at?
Mr. Tabata: I will defer to Troy Tanigawa.
TROY TANIGAWA, Environmental Services Management Engineer: Troy
Tanigawa, Environmental Services Management Engineer. We have about twenty
thousand (20,000) accounts.
Mr. Kagawa: Okay. How many of those are automated
with the gray can from the County?
Mr. Tanigawa: Roughly about half.
Mr. Kagawa: Okay. Roughly, what areas are those in?
Kapa`a? Lihu`e?
Mr. Tanigawa: From Lihu`e through Kapa`a, up until
Anahola.
COUNCIL MEETING 45 JANUARY 16, 2014
Mr. Kagawa: There are some missing spots here and
there?
Mr. Tanigawa: Here and there where the truck cannot
service, we had to maintain the manual collection system.
Mr. Kagawa: The fee is twelve dollars ($12) per month for
everyone? All twenty thousand (20,000) of our accounts pay twelve dollars ($12) a
month?
Mr. Tanigawa: There is a twelve dollar ($12) per month fee
for folks that have County refuse collection and for those that choose to opt out, they
just pay the base fee of six dollars ($6) a month.
Mr. Kagawa: At six dollars ($6) a month, you do not get
your trash picked up?
Mr. Tanigawa: Correct.
Mr. Kagawa: If you have the can, you pay twelve dollars
($12) plus twelve dollars ($12) a month for the can?
Mr. Tanigawa: It is just a straight twelve dollars ($12) for
the first can. If you want a second refuse cart or to be allowed to put out a second
allotment of three (3) thirty-two (32) gallon containers or trash bags, then you pay
an additional twelve dollars ($12) per month.
Mr. Kagawa: Okay, so it is an option to have more than
one (1) can?
Mr. Tanigawa: Correct.
Mr. Kagawa: I was trying to figure this out because I saw
that my friend's house had two (2) cans and I thought that everybody was limited to
one (1) can. One of the great things, and I have a comment and I do not know if you
want to agree with me or disagree with me, but one of the great things that that can
has done, and I shared that with you a little bit, is that it has taught my family, and
I am sure others, to watch what we throw in the rubbish can. For things that are
recyclable, you no longer do it because you do not want to fill up your can with
unnecessary items because your true rubbish will not be able to fit in that can. I
think it is really increasing the amount that people are recycling things that can be
recycled.
Mr. Tanigawa: Yes, I agree that the automated can has
made people more aware of actually how much they are throwing away and for
those bigger families to try and minimize what they put in the trashcan, and recycle
more to keep that amount down.
Mr. Kagawa: Getting back to the subject, how do we
correct— I know you talked about correcting the problem by trying to get quarterly
reports back from Finance. Is there another— if people do not want to pay, they are
not going to pay and they are not paying because they think they can either get
away with it or because they do not have the funds. Is there a strategy to place
COUNCIL MEETING 46 JANUARY 16, 2014
heavy fines or something that will get those that can afford it that are not paying
their bill and avoiding it?
Mr. Tanigawa: Ultimately, if folks do not pay, the Real
Property Tax Collection procedure process is executed on that project.
Mr. Kagawa: So like penalties and interest?
Mr. Tanigawa: Yes. Interim to that though, we will receive
the reports. For folks that continue not to pay, we will make a decision to notify
them, maybe one or two times, and give them reminders. If they still do not end up
paying, then we will have to pull service or not collect those trash items that are put
out at that particular home.
Mr. Kagawa: Thank you, Troy. Thank you, Lyle.
Mr. Chock: Thank you. Members, are there any other
question? Councilmember Yukimura. First, I just want recognize that Council
Chair Furfaro is back in the meeting.
(Council Chair Furfaro is noted as being back in the meeting at 11:36 a.m.)
Ms. Yukimura: I love to hear what Councilmember Kagawa
related in terms of his own family's experience because that is one of the purposes of
automatic/automated collections, in addition to cutting our worker's compensation
complaints. It is a "win-win" in both cases. Thank you to Solid Waste for
implementing that and we look forward to the next half of the group. The twelve
dollars ($12) per container actually is for residential. Are there not some people
along the routes that are vacation rentals and they pay a different fee?
Mr. Tanigawa: That is correct. Those properties have been
removed from the RRCA system and those owners have been notified. They have
the option to register for County collection, but under the business program and
that is eighty-four dollars ($84) a month.
Ms. Yukimura: Okay. That is different because theoretically
it is a commercial rate.
Mr. Tanigawa: Correct.
Ms. Yukimura: For long-range, you are planning on "Pay As
You Throw System," which means "the more you throw, the more you pay."
Mr. Tanigawa: Or "the less you put out, the less you pay."
We are looking at smaller containers.
Ms. Yukimura: Okay.
Mr. Tanigawa: Sixty-four (64) gallon is the next phase.
Folks have the option to go to the sixty-four (64) gallon or stay with the ninety-six
(96) gallon that folks might currently have. The third phase is actually going to a
smaller size like a thirty-two (32) gallon size.
COUNCIL MEETING 47 JANUARY 16, 2014
Ms. Yukimura: Okay. For those who recycle a lot, they can
reduce their solid waste fees.
Mr. Tanigawa: That is the intent, correct.
Ms. Yukimura: Okay. Your presence here today is in
response to a memo from our Chair citing the Management Advisory Report, which
was combined with our CAFR. In that report, it recommended that you generate a
separate report only for the RRCA or "Residential Refuse Collection Assessment,"
and that is because this charge for rubbish pick-up is appended to the Real Property
Tax charges.
Mr. Tabata: Right. It is a lump sum, so now we have
requested a separation so we will have a quarterly independent report just for our
Residential Refuse Collection Assessment. That will heighten our awareness of who
is delinquent sooner.
Ms. Yukimura: Right. In fact, if a family is having a hard
time—well, they pay their property taxes twice a year or once a year, if they choose.
If they have a hard time and the money is coming a little later, they still could just
pay their refuse?
Mr. Tabata: We will have to work out those details with
Finance.
Ms. Yukimura: Their payment is first applied to their
property taxes.
Mr. Tabata: Right.
Ms. Yukimura: Looks like we need Steve to come up.
Mr. Hunt: Steve Hunt, Director of Finance for the
record. With the collection system, because it was designed and built for Real
Property Tax... that was not the original intent... was for billing for Solid Waste.
The payments are scheduled towards penalties and interest first. If they are in
arrears, then the oldest year's taxes first for reduction of principal, and then once
they are current, whatever is remaining is applied to the refuse balance. You
cannot earmark the amounts. Even though one is a tax and one is a fee, we cannot
segregate those two into separate buckets.
Ms. Yukimura: Does all of this money go into the General
Fund then or do you separate it out? When somebody pays in full, both Real
Property Taxes and their trash fees, you separate that out?
Mr. Hunt: Yes. I believe there is an accounting that
separates out the RRCA into the Solid Waste Fund and the rest is General Fund.
Ms. Yukimura: Okay. This is an example of
interdepartmental cooperation that Real Property Tax allowed us to "piggyback" the
Solid Waste Assessments on there instead of having to create a whole other
collection system because it is both property-related, and it makes sense. I
commend the Administration for having that kind of interdepartmental cooperation.
But it may be at some point when we get many more properties, we will separate
COUNCIL MEETING 48 JANUARY 16, 2014
out the system, but for now, I can see the benefits of having this one system for
both.
Mr. Hunt: I think as long as the same rules that apply
in terms of the accumulation of penalties and interest are the same for the two, it is
fine. If there is ever that diversion where there is a different interest rate applied,
then we are going to be looking into separation of that. At the moment, the same
rules are applied, both to the property taxes and to the RRCA fees. By convenience,
we can do that.
Ms. Yukimura: Yes. But what the Management Advisory
Report required was a separate accounting. That is what you folks are putting into
place.
Mr. Hunt: Right. We have asked our Programmer,
Tyler, to be able to extract those specific fees from the RRCA separately.
Ms. Yukimura: That will allow Solid Waste to know where
the delinquencies are, but that will also be where Real Property Tax delinquencies
are in all likelihood, unless they pay in full except for the twelve dollars ($12).
Mr. Hunt: Correct.
Ms. Yukimura: Okay. I think I understand what is said
here. Thank you.
Chair Furfaro: Steve, first of all, all collection on all fees, all
taxes, and so forth come under "Finance?"
Mr. Hunt: I believe so.
Chair Furfaro: Yes, I believe so too. It is not like every
Department has their own collection agency. It is all under the Department of
Finance, right? Okay. I just want to make sure that I understand it and collections
understands the urgency. When I first got on the Council, I was shocked to find out
how difficult it was for us to be collecting sewer and water fees in general. We had
large delinquencies because it got away from us. I want to make sure that we do
not have the same situation here. Ultimately, if we do have delinquencies, what I
am hearing is that the refuse collection portion of the fee is going to apply to
property taxes if they are delinquent or to the refuse fee. Which is it?
Mr. Hunt: Because of the order of payments, whatever
payment is made will first be applied to the property taxes. If there is a shortage,
there is no apportionment to each of the taxes or you cannot earmark them to only
pay the fee and not the property taxes.
Chair Furfaro: What I did not hear is that we did not arrive
at that position because our greatest strength for leverage on collection is through
property taxes.
Mr. Hunt: That is true.
Chair Furfaro: Right?
COUNCIL MEETING 49 JANUARY 16, 2014
Mr. Hunt: That is correct.
Chair Furfaro: What is the kind of scope we have set-up
here for the refuse collection amounts due? Have you set any parameters for him on
when the red flag should be going off with them? If we have an unfortunate
situation, what is the aging process of the bill collection?
Mr. Hunt: I believe that was an internal process,
meaning that we did have... I will let them speak to it, but they do have timing in
terms of based on when the bills go out, when the payments are received, and when
somebody would be essentially disconnected from that service if they are no longer
paying their bills.
Chair Furfaro: Okay. For the paying portion, I understand
that it is easy to stop delivering the service. I want to know if they going to get two
(2) quarterly notices about being delinquent before we register it as a lien? What is
that format? If we do not have it right now, could the Council get a copy of that?
Mr. Hunt: Again, I would leave that to the Solid Waste
Division to determine how they are going to implement that. We are just on the
receiving collections end and not the monitoring of that specific RRCA.
Chair Furfaro: Okay. With that answer, do I now
understand that the refuse guys understand that they need to have some
accounting practices that they initiate themselves? They are not going to get some
guideline from Finance?
Mr. Hunt: They can get guidance from us, but they will
have their own processes.
Chair Furfaro: Will that process be reviewed by you?
Mr. Hunt: Yes.
Chair Furfaro: Very good. I am very satisfied now. Thank
you.
Mr. Chock: Are there other questions?
Ms. Yukimura: For Lyle and Troy, do we have these
embodied in our rules and regulations?
Mr. Tabata: The process that the Chair speaks of?
Ms. Yukimura: Or even the process that you are following. I
am thinking that we may want to start preparing rules and regulations if we do not
have them already, Chapter 91.
Mr. Tabata: We will look at that. Basically, what we are
probably looking at more immediately is to just adopt some policies and procedures
to address the delinquencies. We somewhat have something in place already for our
landfill account holders. There are policies and procedures that have been working
for years already and we have been able to keep delinquencies down and resolve
COUNCIL MEETING 50 JANUARY 16, 2014
delinquencies. We will be looking at that when we put together and finalize this for
the RRCA system.
Ms. Yukimura: Okay, just make sure that you check with
the County Attorney that is advising Solid Waste because some of this may have to
be what they call "Administrative Rules."
Mr. Tanigawa: Definitely. They will be involved and in fact
they are intimately involved in the current system for the landfill.
Ms. Yukimura: Okay. It is important to have that
foundation because sometimes people will use it as a reason not to abide by them.
Thank you.
Mr. Chock: Councilmember Kagawa.
Mr. Kagawa: Thank you. It came up on the Management
Advisory Report, but is there a large amount of people that are not paying?
Ms. Tanigawa: Right now, based on the most recent report,
there are about six hundred ninety (690) delinquent properties or Tax Map Keys
(TMK) and that amount comes out to roughly about ninety-seven thousand dollars
($97,000). Our annual revenue projection is about two million dollars ($2,000,000),
so when you look at it overall, it is a small percentage but it is a sizeable chunk of
money that we need to pay attention to.
Chair Furfaro: Excuse me, when the County starts thinking
that one hundred thousand dollars ($100,000) is a small amount, let me know.
Unbelievable.
Mr. Kagawa: Steve, have you seen a trend of property
taxes being more delinquent than in the past?
Mr. Hunt: No, that has not been a trend. If anything,
we have actually done a better job on collections where we are reducing the overall
delinquencies from prior years. Real Property collections have been very aggressive
in pursuing those delinquent taxes and that has actually added... I believe over one
million five hundred thousand dollars ($1,500,000). I do not have the number
offhand, but back into the coffer of delinquencies.
Mr. Kagawa: We exercise our fines, penalties, and interest
as a means of leverage?
Mr. Hunt: Correct. We also have the ability to lien
properties which we can do, and foreclose for back taxes too.
Mr. Kagawa: Is there a policy in place where sometimes
the dog took the mail or something like that where we can negotiate and say, "Okay,
there is a legitimate reason why you missed this month or this is one (1) month
late?"
Mr. Hunt: Typically not. It is not a very flexible
process. The owners are responsible for knowing when their property taxes are due.
It says that within the Ordinance that even though we are delivering to the last
COUNCIL MEETING 51 JANUARY 16, 2014
known mailing address that they provided us, it is still their responsibility to make
the payment and know about that payment. Only in very unusual circumstances
will we make any kind of exception. I do have, jointly with the County Attorney,
only a compromise ability of five thousand dollars ($5,000). Beyond that, it ends up
back at Council if there is any additional consideration to be made for those larger
ticket disputes.
Mr. Kagawa: Thank you.
Mr. Chock: Are there any further questions?
Chair Furfaro: Steve, you can see some interesting dialogue
that is coming up here, right?
Mr. Hunt: I can.
Chair Furfaro: I want you to know that this is exactly what
I went through twelve (12) years ago with Water and Sewer. One hundred
thousand dollars ($100,000) is not a small margin. How long has this collection
been going on? Do you know?
Mr. Hunt: I am not sure. I do not have the details on
how long they have attempted to collect on this.
Chair Furfaro: How long have we been collecting on the
Solid Waste service?
Mr. Tanigawa: Two (2) years?
Chair Furfaro: One and a half(1.5) years?
Mr. Tanigawa: I do not know all of the details. I cannot
really comment on that, but we can get that information.
Chair Furfaro: I want to share with you that I would hope
you do not have all of the details and so forth, but somehow at least I would hope
that at least four times a year, the Collections Department is reviewing this kind of
thing because they are basically in charge of a receivable. I am not hearing that the
rule on the receivable is, "Okay, we are a quarterly delinquency. I think by credit
and collection standards, we should have some basic form letter that goes out to
somebody telling them about the delinquency." We get to the second quarter, the
delinquency doubled in size, and a second letter goes out. I think you see what I am
getting at here, but it is not the Finance Department who is doing this; it is
Collections who are doing this. I am just looking for a standard operating procedure
that should already have been in place, especially if we are doing this service for the
last year and a half. It should have been a predetermined policy or as
Councilwoman Yukimura mentioned, a standard agreement on the rules for
collection, because this is a substantial amount of money that has also helped us
keep our property taxes. Prior to that, we have been absorbing that. Quite frankly,
I am not hearing answers that I am satisfied with as a manager that there needs to
be some understanding and I am looking to the Finance Department to give them
that guidance.
COUNCIL MEETING 52 JANUARY 16, 2014
Mr. Hunt: If I can, I have two (2) points of clarification.
One, on the delinquent taxes; just so you know, it is penalty and interest, property
taxes, and RRCA from prior years. Before it rolls over to paying principal of the
next subsequent year in arrears, it does pay the RRCA, so it sort of comes off last to
first if you will. In terms of...
Chair Furfaro: I understood that, Steve.
Mr. Hunt: Okay. I just wanted to clarify that. In terms
of the notifications, there are set polices and notifications specific to the Real
Property Tax Collection portion, but they certainly may not align as equally in
terms of priority. Usually by about one (1) year in delinquency is when we start
sending the lien notices, still try to do workout periods if we can to get in dialogue
with the taxpayers to do workout, and then we come to year two. If they have not
done a workout by year two, now we are into the actual process of putting them on
to the foreclosure list. By the third year if they have not paid, we foreclose.
Chair Furfaro: You can tell me right now that those policies
are in place and Collections understands that? Can you tell me that?
Mr. Hunt: Yes, for Real Property Taxes because RRCA
is "piggybacking" on... we may not be sending separate notices for the RRCA and
their timing may be different in when they want to be stopping service as opposed
to us, which is the full-on foreclosure in three (3) years.
Chair Furfaro: This communication was mine and I would
like to have you do that briefing. I would like them to understand that at least
quarterly, they should be looking at the aging. Do you know what an aging report is
for the delinquent payments? If red flags need to go off, they are going off early and
they look to you, Steve, for some guidance. Our collection standard for filing a lien,
to me, should be the same practice we do in property taxes if it is one (1) year. This
thing should be looked at quarterly as far as the delinquencies go. How much of our
collection is going to be done by third-party mortgage/escrow service type? Do we
know?
Mr. Hunt: I do not know what that figure will be.
Chair Furfaro: All the financial institutions that do have
liens on these properties— they are all going to participate in the collection of that
fee to pay when they pay Real Property Taxes?
Mr. Hunt: Typically what we call an agency account is
when you have a mortgage on your property and they are collecting not only the
principal and interest, but also tax's insurance. Normally, the lending institution or
mortgage company watch and make those payments and try to collect from the
borrower. It is the properties that do not have mortgages and paying their own
property taxes tend to be...
Chair Furfaro: I understand that, but do they understand
that? We are talking about a quarterly review, but the agency accounts are only
collecting twice a year.
Mr. Hunt: Correct.
COUNCIL MEETING 53 JANUARY 16, 2014
Chair Furfaro: There could be someone who goes one
quarter without a payment, gets caught up in a second quarter, and then fall behind
again. It is based on the fact that they are an agency collection.
Mr. Hunt: Correct.
Chair Furfaro: They have had that kind of briefing?
Mr. Hunt: Solid Waste?
Chair Furfaro: Yes.
Mr. Hunt: I do not think they have had that briefing.
Chair Furfaro: Could someone follow-up with them and find
out what our percentage of income is based on agency collections. Thank you very
much, Steve.
Mr. Chock: Councilmember Yukimura.
Ms. Yukimura: Where we have delinquent Solid Waste
accounts or RRCA accounts, are those usually where they are also delinquent on
their Real Property Taxes or are you finding that people pay their Real Property
Taxes, but refuse to pay their assessment?
Mr. Hunt: I would say that the majority of the ones that
are delinquent on the RRCA are also delinquent on their property taxes.
Ms. Yukimura: I think a careful look, as the Chair is
suggesting, is a good idea. It is twelve dollars ($12) a month, so it is one hundred
forty-four dollars ($144) a year, basically? Is that what it is?
Mr. Hunt: Yes, it is but it is assessed and collected in
the same manner...
Ms. Yukimura: So it is half-year payments?
Mr. Hunt: Correct.
Ms. Yukimura: It is like seventy-two dollars ($72) every six
(6) months?
Mr. Hunt: Yes. For one further clarification because we
are on television, there is an application process for low-income that actually
reduces that in half. If they are eligible for the same Real Property Low-Income
Exemption, they are also eligible to get a reduction in their fees for RRCA.
Ms. Yukimura: That is good for the public to know. Thank
you.
Mr. Chock: Councilmember Kagawa.
Mr. Kagawa: Troy, we collect about two million dollars
($2,000,000) a year for all of the accounts and close to one hundred thousand dollars
COUNCIL MEETING 54 JANUARY 16, 2014
($100,000) is uncollectable; if I divide that, it is five percent (5%), which I am
thinking in a business model, it is pretty good to have ninety-five percent (95%) of
people paying— I am not saying that one hundred thousand dollars ($100,000) is a
small number and your attitude did not show that at all, but I am just saying that it
is reasonable. Some people have a tough time paying for their bills.
Mr. Tabata: If I may answer, and as Steve mentioned, the
priority is the Real Property Tax. I think we need to sit down and work out how we
determine that if somebody does not pay their taxes, as Steve noted, then we are
not going to see our fees collected either. We are going to have to sit down with him
and create a policy and mechanism of how... because if they are going to pay a
portion of their tax that is due, there is no way for us to determine if it is for the
refuse collection or the tax. We are going to have to sit down and continue to work
that out. As the Chair notes, it is something that we really have to do.
Mr. Kagawa: As Steve pointed out we, have two really
different ramifications. We can lien the property if it is a property tax; but if they
do not pay the refuse, we can stop service.
Mr. Tabata: Right.
Mr. Kagawa: I guess I have one more question. So the
commercial, we have eighty-four dollars ($84) a month for a Transient Vacation
Rental (TVR)per se?
Mr. Tabata: If they choose to, they can hire a private
service.
Mr. Kagawa: Okay. Eighty-four dollars ($84) a month
comes out to every week, so it costs them about twenty-one dollars ($21) which if
they are making a lot of money, it is not that bad. How many accounts did do we
have on that eighty-four dollars ($84) a month? If you could get that answer and
E-mail it to me, that would be fine. I was just kind of curious on that because I
thought all commercial automatically goes to Garden Island Disposal because our
fees are much too high.
Mr. Tabata: We have had a demand, so we created that
program.
Mr. Kagawa: When it becomes worth it for both parties, I
think it is good that the County do it. Thank you.
Mr. Chock: I just had a clarification on the direction that
Councilmember Kagawa was going. Does the commercial side run similarly to
property taxes on the residential side?
Mr. Tanigawa: No, we actually have a separate billing that
is sent out to the account holders.
Mr. Chock: I think it would be great to follow-up on that
as well, if we can, alongside the residential. I appreciate that. Are there any other
questions, Councilmembers?
COUNCIL MEETING 55 JANUARY 16, 2014
Chair Furfaro: I have got one. Could we request a copy of
that separate billing that you just made reference to?
Mr. Tanigawa: Yes.
Chair Furfaro: Okay.
Mr. Chock: If there are no more questions, I want to also
thank you for being here. Since we have our rules suspended, I will ask if there is
anyone from the public who would like to testify on this item. Seeing none, I will
call the meeting back to order. Mr. Kagawa, you have the floor.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Mr. Kagawa: A simple communication... we have had
some questions and I want to thank Solid Waste, Public Works for showing up. A
lot of times, I have been very critical of Solid Waste and the direction that we have
gone, but this automated service has really, to me, improved our lifestyle; the ones
who have received the cans. I first objected to having to pay twelve dollars ($12)
more when other people can just put trash bags out and pay twelve dollars ($12),
but I think the automated trash pick-up has been a really positive step. I thank you
folks for getting Kaua`i in that direction. We have ten thousand (10,000) more to go.
Let us keep going in that direction as much as we can. I really like the fact that you
have extended and making the TVRs pay more because they are commercial. They
do house twenty (20) guests or more at times in certain households and they should
pay a higher fee. If it is along the way of rubbish we are already picking up, why
not? We will make more money. It will be a benefit to them and us so thank you for
that.
Mr. Chock: Is there any further comments or discussion
here?
Chair Furfaro: I think Mr. Kagawa makes a very good point
there. I am very pleased that you have identified the commercial approach to that.
These people are visiting. They do not necessarily always recycle in their own best
habits while they are on vacation. Those are things that we need to really address.
As far as the bad debt, in my business experience, high-end, bad debt is about three
percent (3%)... maybe five percent (5%) at times, but my point here is very clear to
make sure that we have a trigger point for the collection. When we had this
problem about ten (10) years ago with Water and Sewer, the reality is that we were
almost asleep at the switch, quite frankly. That receivable got over one million six
hundred thousand dollars ($1,600,000). It was huge. I think we have an
opportunity. My point is to make sure that we have a system in place, following
standards, and keeping the collection and the bad debt to a minimum. I want to
make sure you understand that that was not being critical of what you have done so
far, but I do want you to know that you have got to be the one holding the tail of the
dog here and make sure we start it from the beginning.
Mr. Chock: Is there any further discussion?
Ms. Yukimura: Yes. I appreciate the Chair's emphasis on
staying on top of this, these debts or these moneys owed, because earlier we had the
discussion about Housing not being able to have their Planner position for half year,
COUNCIL MEETING 56 JANUARY 16, 2014
probably for three quarters of the year at a lack of thirty thousand dollars ($30,000)
to forty thousand dollars ($40,000). Just out of those nine hundred thousand
dollars ($900,000)... if we could have that, it could make such a difference. I know
that Solid Waste fees go to Solid Waste, but we also subsidize Solid Waste from the
General Fund, which means we could use that money, if you do not need it, for
Housing, Transportation, or even some other Solid Waste needs. I appreciate the
focus. At the same time, I do appreciate the direction we are going in which is
people paying for the costs of throwing away and becoming more conscience of the
importance of recycling. Thank you for that.
Mr. Chock: Are there any further discussion,
Councilmembers? Hearing none, I will call for the vote.
The motion to receive C 2014-21 for the record was then put, and carried a
vote of 5:0:2 (Mr. Bynum and Mr. Rapozo were excused).
Mr. Chock returned Chairmanship duties to Council Chair Furfaro.
Chair Furfaro: Thank you for filling in for me. I believe we
are on page number six, which is C 2014-22. Is that where we are at?
Mr. Watanabe: Yes.
Chair Furfaro: Right after that, we will be taking up the
Resolution so may I ask that we reserve our comments until after we accept this
communication.
C 2014-22 Communication (12/31/2013) from Councilmember Yukimura,
requesting Council reconsideration of Resolution No. 2013-72, Draft 2, relating to
Implementing an Environmental and Public Health Impacts Study (EPHIS), Via
Formation of a Pesticide and Genetic Engineering Joint Fact Finding Group
(JFFG): Ms. Yukimura moved to receive C 2014-22 for the record, seconded by
Mr. Chock.
Chair Furfaro: Is there any discussion on this item? If not, I
am going to call for the vote.
The motion to receive C 2014-22 for the record was then put, and carried by a
vote of 5:0:2 (Mr. Bynum and Mr. Rapozo were excused).
Chair Furfaro: Let us go right into the Resolution for
Reconsideration.
RESOLUTION FOR RECONSIDERATION:
Resolution No. 2013-72, Draft 2 — RESOLUTION TO IMPLEMENT AN
ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS STUDY (EPHIS), VIA
FORMATION OF A PESTICIDE AND GENETIC ENGINEERING JOINT FACT
FINDING GROUP (JFFG)
Ms. Yukimura: Mr. Chair?
Chair Furfaro: Yes?
COUNCIL MEETING 57 JANUARY 16, 2014
Ms. Yukimura: First of all, I would like to see if
Councilmember Kagawa can be present, but I am also concerned about
Councilmember Rapozo. I have not talked to him, but if he wants to be here, it
seems to me that we should have the courtesy of having him present also. Can we
maybe move this until we check with both of them if they want to be present? If so,
we should delay this matter until they are both here.
Chair Furfaro: Okay. Let me recognize Mr. Hooser. We are
going to take a short break here while we identify that question with those
Councilmembers.
Mr. Hooser: Thank you, Chair. I have a "parliamentary
procedure" question. It is my understanding that the motion to reconsider can only
be made by someone who previously voted in the affirmative. Therefore, until
somebody does that, this would not be on the table.
Chair Furfaro: That is correct, so that eliminates
Councilmember Yukimura and me.
Ms. Yukimura: We supported the Resolution, so we can vote
to reconsider the Resolution, either one of us.
Chair Furfaro: I think we better take a recess and check the
record. We are going to do that.
There being no objections, the meeting was recessed at 12:10 p.m.
The meeting reconvened at 12:18 p.m., and proceeded as follows:
Chair Furfaro: We are back in session. During that recess,
we did revisit the previous vote on the Resolution. It was a vote of 6:1. JoAnn voted
in the affirmative, so when we come back from lunch, we will be entertaining your
reconsideration. Does anyone else want to speak? If not, right now I would like to
do some housekeeping items. Let us start with page number nine. I am requesting
that we refer this back to Committee next week as there are some wishes to further
explore some possible amendments to the regulations of lobbyists. I also want to
get some comments from Paula and the Boards of Commissions. JoAnn, you have
the floor.
Mr. Watanabe: Shall I read the item first, Chair?
There being no objections, Bill No. 2497, Draft 1 was taken out of the order.
BILLS FOR SECOND READING:
Bill No. 2497, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND THE
KAUAI COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW ARTICLE TO
CHAPTER 4, RELATING TO THE REGISTRATION AND REGULATION OF
LOBBYISTS
Chair Furfaro: I am looking for a referral on this item.
JoAnn, you have the floor.
COUNCIL MEETING 58 JANUARY 16, 2014
Ms. Yukimura: Debate is allowed on a motion to refer, right?
Okay, so I will not be cutting off debate by making the motion.
Ms. Yukimura moved to refer Bill No. 2497, Draft 1 to the January 22, 2014
Committee of the Whole Meeting, seconded by Mr. Chock.
Chair Furfaro: Is there anyone else who wants to speak on
this item? If not, I want to call for the vote. This is to refer Bill No. 2497, Draft 1
back to Committee.
The motion to refer Bill No. 2497, Draft 1 to the January 22, 2014 Committee
of the Whole Meeting was then put, and carried by a vote of 5:0:2
(Mr. Bynum and Mr. Rapozo were excused).
Chair Furfaro: Mr. Clerk, please take me to somewhere else.
Mr. Watanabe: Chair, I believe we can take up Bill No. 2512
on page number nine.
Chair Furfaro: Okay.
Bill No. 2512 — 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 the County Attorney, Special
Counsel - $95,053): Mr. Kagawa moved to adopt Bill No. 2512 on second and final
reading, and that is be transmitted to the Mayor for his approval, seconded by
Mr. Chock.
Chair Furfaro: Is there any discussion from the members?
Is there anyone who would like to speak on this in the audience? Seeing none, may
I have a roll call vote please?
The motion for adoption of Bill No. 2512 on second and final reading, and
that is be transmitted to the Mayor for his approval was then put, and
carried by the following vote:
FOR ADOPTION: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL — 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: Thank you. Let us go to another item on our
agenda. We have seven (7) minutes before we take our lunch break.
Mr. Watanabe: I believe we can take up Proposed Draft
Bill No. 2527 on page number eight. That is the second to the bottom Bill.
There being no objections, Proposed Draft Bill No. 2527 was taken out of the
order.
COUNCIL MEETING 59 JANUARY 16, 2014
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2527) —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 (Department of Parks and Recreation,
Parks Maintenance Septic System Pumping — $200,000): Mr. Chock moved for
passage of Proposed Draft Bill No. 2527 on first reading, that it be ordered to print,
that a public hearing thereon be scheduled for February 12, 2014, and that it
thereafter be referred to Finance & Economic Development (Tourism / Visitor
Industry / Small Business Development / Sports & Recreation Development / Other
Economic Development Areas) Committee, seconded by Ms. Yukimura.
Chair Furfaro: Thank you. This is to go to a public hearing
on February 12, right? Is that what I heard?
Mr. Watanabe: Yes.
Chair Furfaro: Is there any discussion?
Ms. Yukimura: This is item number eight, right?
Mr. Watanabe: Yes.
Ms. Yukimura: I just want to say that this is for two
hundred thousand dollars ($200,000) and it was out of an error in budgeting and
planning that it happened. Someone did not calculate the time for getting a new
piece of equipment and therefore, we had to get "Port-A-Potties," so this is a health
and safety issue. Two hundred thousand dollars ($200,000) is such a huge amount
to overlook. I just hope that these kinds of mistakes are not made again in
budgeting.
Chair Furfaro: May I ask you to come up, Steve? I am going
to suspend the rules. I guess really from a standpoint of evaluating, could we defer
this for any period of time? Are there any other solutions? In fact, what might
actually be the explanation that this did not get on the radar screen? It would be
appreciated at this time.
There being no objections, the rules were suspended.
Mr. Hunt: Thank you, Chair. This item actually is not
a new item. This was going to be replaced with a pumping truck. It was an item
that was on a prior budget, and it is not the Port-A-Potties, but it is actually the
trucks that we hire service to pump the septic tanks themselves at the parks. In
the transition, and I will fall on my sword for this, the amounts happened to be the
same between the request from the prior year on the pumping and coming in for
Fiscal Year 2014 and the amount of the truck. I assumed that that was the solution
for the pumping, not understanding that the intent was to get off contracted
services and do themselves and to do these ourselves with the pumper truck, and
not allocating the appropriate time to have that truck arrive. Again, an oversight
on budget in terms of this.
COUNCIL MEETING 60 JANUARY 16, 2014
Chair Furfaro: Steve, let me ask you, the amounts are the
same but the pumper truck— is that a replacement for an existing truck that we
have?
Mr. Hunt: No.
Chair Furfaro: Okay, so there was never a truck on our
equipment list that said this is a replacement item?
Mr. Hunt: Correct.
Chair Furfaro: I see.
Mr. Hunt: To be frank, initially it was three hundred
thousand dollars ($300,000), both the pumper truck and the septic pumping.
Through the cooperation of Public Works and using an additional Vactor truck for
smaller areas, we have been able to accommodate some of that need, but really, we
do not have enough resources for the larger parks where the Vactor truck cannot
pump.
Chair Furfaro: So you are telling me that the amount
dropped from three hundred thousand dollars ($300,000) to two hundred thousand
dollars ($200,000) because being a wastewater sewage truck did not need to be new
and shiny? We are buying a lesser truck?
Mr. Hunt: No, actually the truck is leased. The truck
amount is leased, but we were leasing it under leased equipment, which was
approved in the budget. When I saw the amount of three hundred thousand dollars
($300,000) for the truck, not the lease but the actual purchase, and seeing the prior
year's budget of three hundred thousand dollars ($300,000) for the pumping, I
assumed they were one in the same when actually they were not.
Chair Furfaro: I see. I got it now. JoAnn, you have the
floor.
Ms. Yukimura: So actually this system of pumping is
replacing...
Mr. Hunt: Contracted Services.
Ms. Yukimura: Okay. Are we saving money?
Mr. Hunt: We have been pinching by using some of our
existing smaller trucks within the Wastewater.
Ms. Yukimura: We have bought the truck?
Mr. Hunt: I believe it has been placed on order, so that
is the longer term solution, which is to do the service ourselves.
Ms. Yukimura: Do we already have the bodies to do that?
COUNCIL MEETING 61 JANUARY 16, 2014
Mr. Hunt: I believe that will be addressed in the Fiscal
Year 2015 Budget. It may be a reallocation to a driver of this truck and for
training, I am not sure how Public Works will be doing that.
Ms. Yukimura: That is going to be saving over and above the
contracting of services?
Mr. Hunt: We sure hope so.
Ms. Yukimura: You have not figured out that it will in fact
be? We are making a huge investment in this new truck, so I hope we figured out
that it is going to be cheaper.
Mr. Hunt: I believe that analysis was done by Public
Works when they submit their budget request for Fiscal Year 2014.
Ms. Yukimura: Can you forward that analysis to us? Thank
you.
Chair Furfaro: Clearly, you see the question here. If we
were contracting out this service at two hundred thousand dollars ($200,000) a
year, the fact of the matter is that we go five (5) years with a new leased vehicle so
we should be saving one million dollars ($1,000,000) in contracted services which
would certainly reconcile the Return on Investment (ROI) for the purchase.
Perhaps the Operator is not a funded position right now. Have you worked that out
yet?
Mr. Hunt: I am not sure. I have to work with Public
Works on that whether it is going to be someone reallocated from an existing
position to do that. Again, this is serving Parks and Recreation, so there is some
interdepartment...
Chair Furfaro: If you send something over with JoAnn's
request on the five (5) year savings on the contract services versus the five (5) year
lease terms on the vehicle would be appreciated. Did you have a question,
Mr. Hooser?
Mr. Hooser: Perhaps, just a little follow-up. You may
have addressed my original question, but whenever the answer starts getting into
"I believe" or "to the best of my knowledge," it kind of raises red flags.
Councilmember Yukimura asked if the personnel issues were settled. I believe you
said that you thought it was going to be addressed in the budget. I do not know
that means, whether we are hiring two (2), three (3), or four (4) new people or
whether those positions...
Mr. Hunt: Clearly, we do not have a driver now because
the piece of equipment does not exist so I believe in the analysis that was done,
contracted versus in-house, that it is accounted for. How that is done and whether
it is a new position or a position reallocated from the existing Public Works
employees—I do not have an answer for that right now.
Mr. Hooser: When you say "accounted for," that means it
will be requested in the new budget?
COUNCIL MEETING 62 JANUARY 16, 2014
Mr. Hunt: It will either be a reallocation of an existing
employee to a driver position or from a pool of drivers that exist that will take on
those new responsibilities. I cannot attest to the overall plan for Public Works at
this point.
Mr. Hooser: As is often the case. Sometimes it seems
one (1) position ends up to be three (3) positions because of work schedules and that
kind of thing. Is there going to be one (1) person?
Mr. Hunt: I cannot comment to that either.
Mr. Hooser: Okay. Thank you.
Chair Furfaro: Steve, rephrasing my piece, could you show
us this five (5) year projection based on the savings of the contracted services, the
lease cost, and please put in there along with Payroll, Taxes, & Employment
Benefits (PT&E), the possibility of the cost of one (1) driver. JoAnn, you have the
floor.
Ms. Yukimura: The two hundred thousand dollars
($200,000) is not an annual lease, right?
Mr. Hunt: No, the two hundred thousand dollar
($200,000) request is for the contracted services. Again, these were services that we
had contracted in prior years. It was originally three hundred thousand dollars
($300,000) but because of where we are in the current calendar, we have actually
been able to cover ourselves thus far. But we cannot continue to do that because we
need additional resources to contract those services for the pumping of the facilities.
Ms. Yukimura: We have already funded the equipment? It
is ordered and coming?
Mr. Hunt: Yes, the lease is funded in the current year
budget.
Ms. Yukimura: The lease is funded in the current year
budget, but we have annual payments or it covers the leases...
Mr. Hunt: I am not sure if they are annual or monthly
payments. There will be payments when the equipment is...
Ms. Yukimura: You are going to send all of that to us?
Okay. Thank you.
Mr. Chock: I just wanted to make a comment. I think
we are seeing a recurring theme happen here that maybe moving forward we should
look towards... whenever we have something that we need to approve for funding,
we should try to look to have a little more information ahead of time. We have
talked about it before, and I am not sure what the best route for that is, but there
are definitely details that I think we could review ahead of time that would make
this a lot easier. I am not directing it specifically to you, but to the Departments
and some communication there that can come along with this in future. Thank you.
COUNCIL MEETING 63 JANUARY 16, 2014
Chair Furfaro: Members, again, this is the first reading.
Steve, do you think you could have more information for us by the time this Bill
moves on?
Mr. Hunt: Yes, I will have something by February 12.
Chair Furfaro: By the public hearing.
Mr. Hunt: Okay.
Chair Furfaro: Is everyone okay with that? Steve, thank
you. I do not think we have anyone to testify on that. It is now 12:33 p.m. I want
to give the floor to Mr. Chock for a schedule announcement.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Mr. Chock: I just have one announcement here. Due to
scheduling conflicts, we will not have quorum and will be canceling tomorrow's
scheduled meeting. The meeting has been rescheduled to Wednesday,
January 22, 2014 at 8:30 a.m. We apologize for any inconvenience this might have
caused. Thank you.
Chair Furfaro: Thank you. Mr. Clerk, can we do a roll call
vote on the Bill?
The motion for passage of Proposed Draft Bill No. 2527 on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
February 12, 2014, and that it thereafter be referred to Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development /
Sports & Recreation Development / Other Economic Development Areas)
Committee was then put, and carried by the following vote:
FOR PASSAGE: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: Thank you very much. We will come back for public
hearings at 1:30 p.m.
There being no objections, the meeting was recessed at 12:34 p.m.
The meeting reconvened at 3:37 p.m., and proceeded as follows:
Chair Furfaro: Mr. Clerk, take me back to where we need to
be in continuing with our business for today's agenda. Mr. Kagawa, did you want to
say something?
Mr. Kagawa: Mr. Chair, I just wanted to check before we
get into the EPHIS on what time we need to take a caption break because I would
hate to start the discussion, and then have to take a caption break.
COUNCIL MEETING 64 JANUARY 16, 2014
Chair Furfaro: Thank you for raising the question
Mr. Kagawa. We are taking our caption break now.
There being no objections, the meeting recessed at 3:37 p.m.
The meeting reconvened at 3:49 p.m., and proceeded as follows:
Chair Furfaro: We are back from our recess. To the Clerk, I
would like to go to the item that we had started before the previous public hearing
break in regards to Resolution No. 2013-72, Draft 2. Did we receive the
communication?
Mr. Watanabe: Yes, we did.
Chair Furfaro: Okay. On that note, I am going to recognize
JoAnn, but I want to remind everybody about the procedure before he does the
reading. Procedurally, and confirmed by the Clerk, if we are going to move to
reconsider, the vote would have to be four (4) votes for the reconsideration, right?
Mr. Watanabe: Yes.
Chair Furfaro: That would be the first step.
Mr. Watanabe: Correct.
Chair Furfaro: On that note, JoAnn, I will allow you to have
the floor if you would like to have the floor now after he reads the item. Clerk, may
you please read the item?
RESOLUTION FOR RECONSIDERATION:
Resolution No. 2013-72, Draft 2 — RESOLUTION TO IMPLEMENT AN
ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS STUDY (EPHIS), VIA
FORMATION OF A PESTICIDE AND GENETIC ENGINEERING JOINT FACT
FINDING GROUP (JFFG)
Mr. Watanabe: This Resolution was adopted on
December 18, 2013.
Chair Furfaro: JoAnn?
Ms. Yukimura moved for the reconsideration of Resolution No. 2013-72,
Draft 2, seconded by Mr. Kagawa.
Chair Furfaro: Is there any discussion?
Ms. Yukimura: Yes. As I say in my cover letter requesting
reconsideration, we voted on the Resolution at our last Council Meeting, which
happened to be last year. I voted for some of the proposed amendments and voted
against some of the proposed amendments. Thinking that I could live with it, I
voted for the Resolution as amended. However, when I went home that night, I
realized that item number six on page number two of the Resolution really changes
the fundamental direction and nature of the joint fact finding that was anticipated
and in the original conceptualization of this EPHIS or "Environmental and Public
COUNCIL MEETING 65 JANUARY 16, 2014
Health Impacts Study." I want this process to be successful. It is a new process. I
believed as originally conceptualized, it really focused on the scientific questions
regarding environment, epidemiology, and public health that we are the main focus
of concerns in all of the testimony on Bill No. 2491. I have said, and I mean what I
say, that I think there are economic issues that are related to this and I would be
willing to look at a separate process, but I do not believe the proposers of the
economic study have really given us a sample of what it would look like, a scope of
what it would cover, and a cost that we would be looking at. I also think it is a very
different nature than a joint fact finding group that is looking at scientific
questions, so I am willing to work on a separate proposal for an economic study but
I feel like if I was part of the proposal, I would have to research it and be really
clear in how we would do that. I think we have a fundamental question to decide
about this Resolution and I would like to reconsider it for that reason.
Chair Furfaro: Okay. Does anybody want to add anything
more at this point?
Mr. Hooser: While I recognize the right to ask for
reconsideration, I do not support the motion. I have not heard anything different
from what we heard at the original discussion in terms of concerns. We discussed it
at length at that time. There is no new information. I see no reason to change my
position. I think that this is just a Resolution, and ultimately, the
facilitator/consultant will be procured by the Administration and this working
group will be formed and follow the Resolution's general guidance. Part of the
Resolution that is being contested, I believe, is just a sentence or two that asks to
consider certain impacts and report on those. The working group could then decide
how much emphasis or not to put on those, but there has to be some focus. Again, I
have heard nothing new that was not discussed at the time we passed it, so I am not
able to support the reconsideration. Thank you.
Chair Furfaro: Okay. Mr. Kagawa, you have the floor.
Mr. Kagawa: I think this is such an important part of why
Bill No. 2491 had the support of the Council, which the main reasons that
Councilmember Yukimura talked about was the health issues and the effects on the
environment, which we all shared. I think in hindsight, I believe that taking out
that number six, as Councilmember Yukimura proposes, would keep the focus of the
EPHIS joint fact finding group "narrow." While "narrow" is a word, the focus is
huge. The narrow focus is a huge task. I do not want to detract the fact finding
group from spending time in other areas such as economic impacts, food
sustainability, et cetera, when the main focus, which I think the Council as a whole
agreed on was, basically the health impacts, effects on the water, and effects on the
land; the aina. I think for that reason, I rarely would want to go back and
reconsider something that is "minor," but I feel like this is kind of major because I
want the fact finding group to really do the job that we all want, so I will be
supporting her motion. Thank you.
Chair Furfaro: Okay. Mr. Chock.
Mr. Chock: It is a Resolution, like Councilmember
Hooser said, so I think what I am willing to do is to look at changes that would not
eliminate it, but just leave it in the hands of the joint fact finding group as an
option. If it said to consider an option, then I would be willing to move forward so
you have my support to reconsider, if that is where we would head. Thank you.
COUNCIL MEETING 66 JANUARY 16, 2014
Chair Furfaro: I guess I should speak on this. When this
item number six came up as an amendment, the vote was 5:2 and I was one of the
those two that did not support the economic expansion as it laid there. My
background is focusing on the business scope and the fact of the matter is that I did
not believe that the scope was specific enough because it could have just gone to a
point that we would be touching on every business venture and we would have
found ourselves maybe even talking about the specific product types and so forth.
That is the first time I voted not to support amendment number six and I have not
changed my position, so I will be supporting this as well. Now for clarification, if I
may, about supporting the reconsideration, the body is only required to get four (4)
votes. Am I correct?
Mr. Watanabe: Correct.
Chair Furfaro: Okay. If we are successful in getting the four
(4) votes and the Resolution is amended, does the structure of the vote change? We
need four (4) votes again, right?
Mr. Watanabe: Yes, four (4) votes.
Chair Furfaro: It was important for me to just express that
so that we all know what we are doing. Mr. Hooser, I will recognize you again. Go
ahead.
Mr. Hooser: Thank you, Chair. I would like to ask you to
repeat that again or if I can restate that to see if I am right. The vote to reconsider
the amendment takes four (4) votes to carry that vote?
Chair Furfaro: Yes.
Mr. Hooser: What was the second part?
Chair Furfaro: The second part is when we are looking at
the amendment, the amendment only takes four (4) votes as well. First, we are
voting for the reconsideration; four (4) votes. If that passes, then the amendment on
the Resolution would only take four (4) votes too.
Mr. Hooser: What amendment might that be?
Chair Furfaro: I guess that is why we are reconsidering it
because there is going to be some kind of amendment.
Mr. Hooser: Right. There will be a new amendment that
would be proposed.
Chair Furfaro: Maybe more than one; I do not know.
Mr. Hooser: Okay.
Chair Furfaro: But the amendment to the original
Resolution will only take four (4) votes as well.
Mr. Hooser: Okay. May I continue?
COUNCIL MEETING 67 JANUARY 16, 2014
Chair Furfaro: Sure.
Mr. Hooser: Earlier, Councilmember Yukimura was
trying to get all of the Councilmembers at the table to discuss this. We do not have
them all at the table. Is it possible to consider having a vote now, and then waiting
until we get Councilmember Bynum and Councilmember Rapozo at the table?
Chair Furfaro: Well, I have to say that I am going to need to
reflect on the actual rules because this is our first meeting back since last year. The
action would have to happen in this meeting. Let me get clarification from the
Clerk's Office.
Mr. Watanabe: Council Chair, according to Council Rules,
the vote to reconsider needs to be made and voted on at the same meeting that the
original vote was taken or at the next regular Council Meeting, so the vote to
reconsider needs to be done today.
Chair Furfaro: The amendments could be done later if the
reconsideration passes?
Mr. Watanabe: Yes.
Chair Furfaro: The desire to have all members present, I
think is fair and reasonable so that does not complicate anything with our rules,
right?
Mr. Watanabe: The rules are not contrary to that; the rules
are silent as far as a deferral once you take a motion to reconsider.
Chair Furfaro: Okay. Is there discussion from other
members after we revisited that rule?
Ms. Yukimura: I think we did check with Councilmember
Rapozo and he said he did not feel he needed to be present.
Chair Furfaro: He recently sent a text that indicated he may
not be coming back also, I believe.
Ms. Yukimura: This was on the agenda, but if Mr. Bynum
wants to be here, we should call him and see if he can come or we can defer it to the
next meeting.
Chair Furfaro: For the first part of the business, you have to
get four (4) votes today for the reconsideration.
Ms. Yukimura: Right.
Chair Furfaro: After that, we could defer any amendments
to another meeting. That is how it gets interpreted by the Clerk.
Ms. Yukimura: Right. Will everybody be present at the next
Council Meeting that will take place on January 29?
COUNCIL MEETING 68 JANUARY 16, 2014
Chair Furfaro: If I was twenty-seven (27) years old again, I
would have to tell you that it depends on the surf that day if I would be in or not.
Ms. Yukimura: If everyone is going to be present at the next
meeting, I do not want to drag this on because I think it is one of the most
important things we need to do regarding Bill No. 2491. If everyone is going to be
at the next meeting, that is fine.
Chair Furfaro: Do we have any indications that there would
be a meeting two (2) weeks from now and there would be anybody who has already
indicated that they would be absent?
Mr. Watanabe: As of this date, we have one (1) absence from
the January 29, 2014 Council Meeting, which is from Councilmember Hooser. He
will be absent from that meeting.
Mr. Hooser: Yes, I will be absent.
Chair Furfaro: That is when this would come back up.
Mr. Hooser: I believe we had all seven (7)
Councilmembers here when we passed the amendments, had a robust discussion of
those amendments, and the vote was 5:2.
Chair Furfaro: Yes, for amendment number six that is being
referenced here.
Mr. Hooser: Right. We are here today with five (5)
members trying to take that action away. That for me is problematic, but I know it
is within the rules.
Chair Furfaro: Yes.
Mr. Hooser: If there are four (4) votes secured to take
that away, then the next step would be to re-amend, if you would, for any member
who chooses to do that. I would think that this is an important decision and we
need to do it the right way. I am not sure if we can defer or if we could... I see some
heads shaking when I speak and it is a little distracting...
Chair Furfaro: I do not think I was indicating...
Mr. Hooser: No, it was not you. It is in my line of sight. I
am just thinking if there is some other way to do it, if it could be passed today and
come up again in two (2) weeks, one (1) week, or whether the meeting could be
shifted to another day. I apologize, but I am not able to be here on January 29. I
suppose I can leave it at that. Why do we not do one thing at a time, Mr. Chair?
Perhaps vote on the motion to reconsider, and then we can look at the next step.
Thank you.
Chair Furfaro: Fair enough. I think that is what I would
like to do. We have a motion and a second to reconsider and I would need to take a
break for public testimony before we call for the vote. I would like to get that
portion of the business out of the way. I think Mr. Hooser's point is if we defer to
January 29, at least two (2) of the members that are absent today will be present,
COUNCIL MEETING 69 JANUARY 16, 2014
but Mr. Hooser would not be available, unless we can consider an alternative date.
That is what I heard, right?
Mr. Hooser: Yes.
Chair Furfaro: Okay. I am going to suspend the rules and
ask if there is any one in the audience who wants to speak on the reconsideration
only. Come right up.
There being no objections, the rules were suspended.
ANNE PUNOHU: Aloha. My name is Anne Punohu. On this
reconsideration issue, the section that is being cited to me— I think to a lot of
people that came about Bill No. 2491 on both sides of the issue... if all you got out of
hundreds and hundreds of testimony was that all we cared about was the science,
none of you were listening to any of us on either side of this issue. This issue was so
much of a socioeconomic issue. I think that maybe people misunderstand that
word. I have been involved in so many Environmental Impact Statement (EIS)
which is why so many of us felt that if the EIS process would be the best process. In
creating a new process, I had questions about. When I hear the main of what part
of what sets an EIS and makes an EIS so special, and has helped many to help laws
and things that I feel are positive for this island and prevent things that are
negative was the socioeconomic and cultural impacts of those issues on our island.
Therefore, taking out one of the most important elements in what was the impetus
to drive people into this room, no matter what side of the issue you were on to me
quite frankly, is ludicrous. I think that you undermine the entire process by doing
that and the only thing that I would like to see reconsidered is the part that says
that crops should not be grown and pesticides. I came and testified in the middle of
the night on that. I thought that was ridiculous and to a lot of us, it hurts the whole
Bill. But since we are talking about that item, these are my feelings on this. I do
not feel that you should go back now and reconsider based on what I am telling you
right now because you are taking out a major part of it. Anyone who thinks that it
does not affect the socioeconomic and cultural conditions and that was not the
impetus for the feelings on both sides of the issues; you are absolutely incorrect
because I can tell you because I am on that side of the fence. That is my strong
feeling on it. Mahalo.
Chair Furfaro: Thank you, Anne. Is there anyone else who
wants to speak? This is a motion to reconsider as it relates to the Resolution. The
Resolution is defined really as a "guideline and policy statement." It is not the
Ordinance itself. I will only be moving on the motion to reconsider. The date for
the reconsideration will be another subject on the amendment. May I have a roll
call vote?
There being no objections, the meeting was called back to order, and
proceeded as follows:
The motion for the reconsideration of Resolution No. 2013-72, Draft 2 was
then put, and carried by the following vote:
FOR RECONSIDERATION: Chock, Kagawa, Yukimura, Furfaro TOTAL– 4,
AGAINST RECONSIDERATION: Hooser TOTAL– 1,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL– 2,
RECUSED & NOT VOTING: None TOTAL– 0.
COUNCIL MEETING 70 JANUARY 16, 2014
Chair Furfaro: Members, I would like some further
discussion as the challenge that we have is the date for the consideration of
discussing particular amendments. Mr. Kagawa, you have the floor.
Mr. Kagawa: I think everybody knows that
Councilmember Hooser was a vital part of having this all come before us, so I think
it is only fair that we wait for his return. His excuse was in there prior to today.
Had we have two (2) members, we could have banged it out today but they are not
here. I know it is urgent, but we should do it well with Councilmember Hooser's
input as well on the amendments. If we can push it off to two (2) weeks from now...
not two (2) weeks, maybe one (1) month from now, I guess that would be my
recommendation.
Chair Furfaro: Thank you. JoAnn, you have the floor.
Ms. Yukimura: We have Councilmember Hooser's input
today, so we are not lacking that. If there are four (4) votes for an amendment and
for passage, presumably there are still going to be four (4) votes for passage. I am
not sure having the others here will change. I feel this is urgent. What if we were
to do a Special Council Meeting on January 22 and just have this item then, so all
Councilmembers will be here?
Chair Furfaro: For January 22, looks like we have a Special
Council Meeting for an Executive Session scheduled at 8:30 a.m. to 10:30 a.m. We
also have a Committee Meetings scheduled at 10:30 a.m. We could post a Special
Council Meeting towards the end of the day on that day and that would
accommodate everybody. Is that acceptable? Okay. Let us structure it accordingly.
I would like to say that I would like to have a motion that kind of recaptures what I
just said for January 22.
Ms. Yukimura: Mr. Chair, I have a procedural question.
Chair Furfaro: Yes.
Ms. Yukimura: I am thinking that we first need a main
motion to pass the Resolution, and then a motion to defer to the Special Council
Meeting...
Chair Furfaro: I know all of that, JoAnn, but the point was
to try and get to the point if everyone would be able to have a late night on
January 22. It looks like we can.
Ms. Yukimura: Okay.
Chair Furfaro: I would like that defined with a form of a
motion and I thought you were going to make that motion, rather than...
Ms. Yukimura: I will. I just wanted to make sure I knew
how to make the motion.
Chair Furfaro: Okay.
COUNCIL MEETING 71 JANUARY 16, 2014
Mr. Watanabe: Council Chair and Councilmember
Yukimura, can we first get to the item and then...
Ms. Yukimura: Okay.
Mr. Watanabe: Let me read the item first.
Ms. Yukimura: Now that we voted to reconsider, as I
understand from parliamentary procedure, the Resolution is before us as
Resolution No. 2013-72, Draft 2. With everyone's concurrence, I will move to
approve, and then move to defer Resolution No. 2013-72, Draft 2 to the Special
Council Meeting.
Ms. Yukimura moved to approve Resolution No. 2013-72, Draft 2, seconded
by Mr. Kagawa.
Ms. Yukimura moved to defer Resolution No. 2013-72, Draft 2 to the Special
Council Meeting on January 22, 2014, seconded by Mr. Kagawa.
Ms. Yukimura: I am sorry. I am just trying to...
Mr. Watanabe: There is no discussion on a motion to defer.
Chair Furfaro: Yes, no discussion. We have to set a specific
time. I was looking for that in the motion. Do you have a specific time because
when we post it, we will have to post it for a specific time?
Mr. Watanabe: The Committee Meeting is scheduled for
10:00 a.m., so perhaps we can post for 2:30 p.m.?
Chair Furfaro: How about 3:00 p.m.?
Mr. Watanabe: Okay. We will target 3:00 p.m.
Ms. Yukimura: Okay, let me restate my motion.
Ms. Yukimura moved to defer Resolution No. 2013-72, Draft 2 to the Special
Council Meeting on January 22, 2014 at 3:00 p.m., seconded by Mr. Kagawa.
Chair Furfaro: I would like to have a roll call vote please.
The motion to defer Resolution No. 2013-72, Draft 2 to the Special Council
Meeting on January 22, 2014 at 3:00 p.m. was then put, and carried by the
following vote:
FOR DEFERRAL: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST DEFERRAL: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: Thank you. Our business is done on this
item.
COUNCIL MEETING 72 JANUARY 16, 2014
JADE K. FOUNTAIN-TANIGAWA, Deputy County Clerk: Council Chair,
that brings us back to Bills for First Reading.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2520) — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAXES: Mr. Kagawa moved for passage of Proposed Draft
Bill No. 2520 on first reading, that it be ordered to print, that a public hearing
thereon be scheduled for February 12, 2014, and that it thereafter be referred to
Finance & Economic Development (Tourism / Visitor Industry / Small Business
Development / Sports & Recreation Development / Other Economic Development
Areas) Committee, seconded by Ms. Yukimura, and carried by the following vote:
FOR PASSAGE: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL — 2,
RECUSED & NOT VOTING: None TOTAL — 0.
Proposed Draft Bill (No. 2522) —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 (Fire Department Bargaining Unit 11
Increases — $617,529): Mr. Kagawa moved for passage of Proposed Draft
Bill No. 2522 on first reading, that it be ordered to print, that a public hearing
thereon be scheduled for February 12, 2014, and that it thereafter be referred to
Finance & Economic Development (Tourism / Visitor Industry / Small Business
Development / Sports & Recreation Development / Other Economic Development
Areas) Committee, seconded by Ms. Yukimura, and carried by the following vote:
FOR PASSAGE: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Proposed Draft Bill (No. 2523) —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 (Police Department Other Post
Employment Benefits (OPEB) Replenishment Due to Bargaining Unit 12 Increases —
$987,606): Ms. Yukimura moved for passage of Proposed Draft Bill No. 2523 on first
reading, that it be ordered to print, that a public hearing thereon be scheduled for
February 12, 2014, and that it thereafter be referred to Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee,
seconded by Mr. Kagawa, and carried by the following vote:
FOR PASSAGE: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
COUNCIL MEETING 73 JANUARY 16, 2014
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Proposed Draft Bill (No. 2524) —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 (Committed Reserve Fund Replenishment
Due to Bargaining Unit 12 Increases — $561,864): Mr. Kagawa moved for passage of
Proposed Draft Bill No. 2524 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for February 12, 2014, and that it thereafter be
referred to Finance & Economic Development (Tourism / Visitor Industry / Small
Business Development / Sports & Recreation Development / Other Economic
Development Areas) Committee, seconded by Ms. Yukimura, and carried by the
following vote:
FOR PASSAGE: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Proposed Draft Bill (No. 2525) —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 (Committed Reserve Fund Replenishment
Due to Bargaining Unit 13 Increases — $197,072): Mr. Kagawa moved for passage of
Proposed Draft Bill No. 2525 on first reading, that it be ordered to print, that a
public hearing thereon be scheduled for February 12, 2014, and that it thereafter be
referred to Finance & Economic Development (Tourism / Visitor Industry / Small
Business Development / Sports & Recreation Development / Other Economic
Development Areas) Committee, seconded by Ms. Yukimura, and carried by the
following vote:
FOR PASSAGE: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL — 2,
RECUSED & NOT VOTING: None TOTAL — 0.
Proposed Draft Bill (No. 2526) —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 (General Fund Other Post Employment
Benefits (OPEB) Replenishment Due to Bargaining Unit 13 Increases — $ 295,422):
Mr. Kagawa moved for passage of Proposed Draft Bill No. 2526 on first reading,
that it be ordered to print, that a public hearing thereon be scheduled for
February 12, 2014, and that it thereafter be referred to Finance & Economic
Development (Tourism / Visitor Industry / Small Business Development / Sports &
Recreation Development / Other Economic Development Areas) Committee,
seconded by Ms. Yukimura, and carried by the following vote:
COUNCIL MEETING 74 JANUARY 16, 2014
FOR PASSAGE: Chock, Hooser, Kagawa, Yukimura,
Furfaro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Bynum, Rapozo TOTAL— 2,
RECUSED & NOT VOTING: None TOTAL— 0.
Chair Furfaro: Have we taken care of all of our business for
today? I just want to thank everyone for all of your attention to today's matter.
Steve, thank you very much for coming back. Our business for today is complete.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 4:22 p.m.
Respe fully submitted,
I �
JAD 11;FFO NTAIN-TANIGAWA
Deputy County Clerk
:cy
ATTAiF 1
(January 16, 2014)
FLOOR AMENDMENT
Proposed Draft Bill (No. 2521), Relating to the Operating Budget of the County of
Kaua`i, State of Hawai`i, for Fiscal Year July 1, 2013 Through June 30, 2014, By
Revising the Amounts Estimated In the Housing & Community Development
Revolving Fund
Introduced by: ROSS KAGAWA
Amend Bill No. 2521, SECTION 1 to read as follows:
"SECTION 1. Pursuant to Section 19.07B and 19.10A of the
Charter of the County of Kaua`i, as amended, Ordinance No. B-2013-753, as
amended, relating to the Operating Budget of the County of Kaua`i, State of
Hawai`i, for the Fiscal Year July 1, 2013 through June 30, 2014, be hereby
amended as follows:
The sum of $20,891.00 by revising the amounts estimated in the
[General Fund] Housing & Community Development Revolving Fund from
the following account:
211-4401-681.01-01 Regular Salaries ($20,891.00)
Be and is hereby appropriated as follows:
211-4401-681.01-01 Regular Salaries
9547 Accountant IV $730.00
9532 Pub. Hsg. & Dev. Prog Spec IV $2,922.00
9552 Pub. Hsg. & Dev. Prog Spec III $2,052.00
9662 Pub. Hsg. & Dev. Prog Spec I $1,753.00
9548 Pub. Hsg. & Dev. Prog Spec III $2,497.00
9654 Pub. Hsg. & Dev. Prog Spec II $2,052.00
9656 Hsg. Self-Sufficiency Spec II $2,134.00
9544 Housing Assistance Spec III $1,685.00
9660 Housing Assistance Spec III $1,753.00
9661 Housing Assistance Spec III $1,560.00
9657 Hsg. Self-Sufficiency Spec II $1,753.00"
(Material to be deleted is bracketed. New material to be added is underscored.)
V:\AMENDMENTS\2012-2014 term\pdb (no. 2521) RK_AB_dmc.doc