HomeMy WebLinkAbout 12/09/2015 Committee of the Whole minutes MINUTES
COMMITTEE OF THE WHOLE
December 9, 2015
A meeting of the Committee of the Whole of the Council of the County of
Kaua`i, State of Hawaii, was called to order by KipuKai Kuali`i, Presiding Officer, at
the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kauai, on Wednesday,
December 9, 2015, at 1:47 p.m., after which the following Members answered the call
of the roll:
Honorable Mason K. Chock
Honorable Ross Kagawa (present at 1:36p.m.)
Honorable Arryl Kaneshiro
Honorable KipuKai Kuali`i
Honorable JoAnn A. Yukimura
Honorable Mel Rapozo (present at 1:58p.m.)
Excused: Honorable Gary L. Hooser
There being no objections, COW 2015-08 was taken out of order.
The Committee proceeded on its agenda item, as shown in the following
Committee Report, which is incorporated herein by reference:
CR-COW 2015-15: on COW 2015-08 Communication (12/01/2015) from
Councilmember Chock, requesting agenda
time to allow David Mora, State Liaison for
the International City/County Management
Association ("ICMA") to give a presentation
on the overview of the council-manager
system of government, best practices, costs
and benefits, and suggestions on a transition
to a council-manager system for the County of
Kauai. (Received for the Record.)
(Note: The Committee was in recess from 3:34 p.m. to 3:44 p.m. during discussion on
COW 2015-08.)
(Note: During discussion on COW 2015-08, Councilmember Kuali`i, the presiding
officer, relinquished Chairmanship to Council Chair Mel Rapozo.)
Bill No. 2604 A BILL FOR AN ORDINANCE TO ESTABLISH A NEW
ARTICLE IN THE KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO BARKING DOG NUISANCE (This
item was Deferred.)
Councilmember Kuali`i moved for approval of Bill No. 2604, seconded by
Councilmember Kagawa.
COMMITTEE OF THE WHOLE 2 DECEMBER 9, 2015
Councilmember Yukimura: Procedurally, if the Mayor is here for the
Excise Tax agenda item, should we not take that first because this Barking Dog Bill
is going to take a while.
Council Chair Rapozo: No, I want to accommodate the members of
the public that have been waiting. I want to get their testimony.
Councilmember Yukimura: Okay.
Council Chair Rapozo: And then if they want to stay, they can stay,
but I do want to...we are going way beyond the time I thought we would be, therefore,
I did want to accommodate the public that is here to testify. I do not think there are
too many people are here to testify on GET, not you, Glenn and Joe, because you folks
testify on everything, but I am talking about the regular people.
Councilmember Yukimura: Question.
Council Chair Rapozo: Yes.
Councilmember Yukimura: After the Barking Dog Bill, we will defer our
debate to the end of the agenda and then have the Mayor's item?
Council Chair Rapozo: I will defer to Committee Members. It all
depends on how close we are to...
Councilmember Yukimura: I have several amendments.
Council Chair Rapozo: For the Barking Dog Bill?
Councilmember Yukimura: Yes.
Council Chair Rapozo: Okay.
Councilmember Yukimura: I think it will take some time so we should not
keep the Mayor waiting if we are going to run the whole way through.
Council Chair Rapozo: Again, no disrespect to the Mayor, but I do not
want to keep the public waiting either.
Councilmember Yukimura: No, no...I am in total agreement.
Council Chair Rapozo: The Mayor is a County employee, he get
salary and not overtime. The public, I am sure, has more important things to be doing
then sitting in the back of the room.
Councilmember Yukimura: I am not questioning about the public
speaking, I do want them to speak right now. I am just asking about the timeframe
for the discussion.
Council Chair Rapozo: Again, I will defer to the Committee and what
the Committee Members want to do. If you folks want to take a break and do the
GET discussion, which I believe will take some time as well...
COMMITTEE OF THE WHOLE 3 DECEMBER 9, 2015
Councilmember Kagawa: My suggestion or vote will be to take a break
because if she has a lot of amendments, I think we need to discuss what the
amendments are and so forth.
Councilmember Yukimura: Thank you.
Council Chair Rapozo: With that, I will suspend the rules, if there is
no objection. Anyone in the audience wishing to testify? I know it is awkward
because you have not seen the amendments or heard the amendments, so it is very
difficult to testify on amendments that you do not know about. I do not know what
you folks are here for; did you folks want to testify?
There being no objections, the rules were suspended.
ROBERT CREMER, JR.: Councilmember Yukimura said that she
wants to amend things, which means that we had start something that should not
even had start before even talking to the public. The testimony last week made her
change her mind and probably some of your minds also about how this thing was
written. Again, I ask you folks to try ask the County Attorney and come to the
community when you folks make rules and laws that going reflect and hurt us as a
community. I still going back and say that until we can get away from feral cats,
chickens, and other animals there is no way to prove that a dog is barking for nothing.
How are you going to prove that? Majority of the complaints going to during the
night. The dog, majority of the time, is in the backyard of a person's yard. Who is
going to see what is in the backyard? Whether it is a toad or cat. It has to be a noise
ordinance thing and we have to figure out a way where the Humane Society is not
the police to this. They have no law enforcement training. It should never affect the
farming or agriculture communities. People buy land and own land for generations
own that because they want to live and subsidize their way of life. I live in an
agriculture subdivision and I rent in an agriculture subdivision because I want to
raise dogs so that I can hunt. Last night all the things I brought to my friend's house
preparing for his son's funeral was mountain pig meat. Everybody enjoyed it. I am
not saying that we do not have a barking dog problem because we do. I am not
disagreeing with the people who cannot sleep, but we have to figure out a way to
make this law right and not go to the toilet, sit down, and see that there is no toilet
paper after you took a crap. As all I am asking you folks to do. Try figure out a way
where we can bring laws to the table where we do not have the repeal it and then
bring it back again and look like it is not worth nothing anyway. It is crazy. Let us be
realistic. You folks are the managers of this County. He is the Mayor, but ultimately,
you folks get the last decision because you folks make the laws. You folks give him
his money.You folks make the laws. Do not make foolish ones that going affect people
in this world. Thank you.
Council Chair Rapozo: Anyone else wishing to testify? Lonnie.
LONNIE SYKOS: I went online on Google and simply typed in
"Dog Barking Ordinance," and ended up with...I do not know...a million something
hits. The first page was nothing but legal organizations that have done studies
nationally on dog barking laws. Therefore, you are trying to reinvent the wheel.
There are basically two (2) types of laws that are directed only at the dogs and they
are both unenforceable and constitutionally flawed and the only thing that will work
is a general noise ordinance. That is problematic because unless you are going to pay
people to take a decibel meter and measure noise, you end up with subjective
complaints instead of objective complaints and thus are unenforceable. I own a dog
COMMITTEE OF THE WHOLE 4 DECEMBER 9, 2015
and he barks. I am surrounded by dogs that bark therefore they do not bother me
and I am happy where I am, but for some people, they have a huge problem with
barking dogs that we do need to address. Like the gentleman before me said, you are
the people who have the purse strings and the ability to write the legislation. Where
we the public are interested we can Google search, we can look at this even if we are
not lawyers, and how are we going to accomplish this without a general noise
ordinance and how are you going to write a noise ordinance that does not create as
many problems as it results. That is why you folks get paid the big money.
Council Chair Rapozo: Thank you. Anyone else wishing to testify?
The meeting was called back to order, and proceeded as follows:
Councilmember Yukimura: I thought we were going to recess.
Council Chair Rapozo: That is what we are discussing. Just so that
you know when we recess, we are not taking amendments or voting, and we are going
to go straight to the Mayor's presentation. Is that what you folks want to do? With
that, we will recess this item. Just for the record, I would have much rather have
gone straight through the Barking Dog Bill, but I can count, therefore we will just
move forward. Can you call the next item please?
Minutes of the November 12, 2015 Committee of the Whole Meeting.
Upon motion duly made by Councilmember Kagawa, seconded by
Councilmember Yukimura, and carried by a vote of 6:0:1
(Councilmember Hooser was excused), the Minutes of the November 12, 2015
Committee of the Whole Meeting was approved.
The Committee proceeded on its agenda item, as shown in the following
Committee Report, which is incorporated herein by reference:
CR-COW 2015-16: on COW 2015-07 Communication (11/10/2015) from Council
Chair Rapozo, requesting the presence of the
Mayor, to provide a briefing regarding the
Administration's plans to establish a General
Excise and Use Tax Surcharge for the County
of Kauai. The briefing shall include the
following:
• A list of proposed projects the
Administration has identified that are
eligible to be funded with this
appropriation, the timeline for each
project, and the costs associated with
each project.
• Clarify whether the Administration
intends to utilize the moneys derived
from the tax surcharge to reimburse
the County's General Fund for the
amount of subsidy(ies) appropriated for
each project.
• Address whether an increase in the
General Excise and Use Tax Surcharge
COMMITTEE OF THE WHOLE 5 DECEMBER 9, 2015
can be achieved incrementally or
whether Hawaii Revised Statutes
mandates the increase to occur all at
once.
• Identify what elements are required for
the County to implement this General
Excise and Use Tax Surcharge.
• Include the deadline date by which to
accomplish each task.
(Received for the Record.)
(Note: The Committee was in recess from 5:40 p.m. to 5:50 p.m. during discussion on
COW 2015-07.)
Council Chair Rapozo: We are coming up on a dinner break, what do
you folks want to do with the Barking Dog Bill? It is up to the Committee. I know
Councilmember Yukimura has a bunch of amendments. It is not time sensitive. It
is up to you folks. What do you folks want to do?
Councilmember Chock: Councilmember Kuali`i do we have additional,
outside of the four (4) amendments, are there additional amendments?
Councilmember Kuali`i: I have just a very minor one; typographical.
Councilmember Chock: Council Chair would it be possible to actually
introduce the amendments and then come back to it at another time.
Council Chair Rapozo: If you are going to introduce it just to
introduce it so that people can take it home, then we will do that, but if you folks are
going to have discussion, then we need to take a dinner break.
Councilmember Yukimura: I do not know if you can introduce it all at
once, but I think you mean, "As circulated."
Council Chair Rapozo: Right.
Councilmember Kaneshiro: Council Chair, I still have to close my Budget
& Finance Committee Meeting.
Council Chair Rapozo: Yes, okay. Let us recess this Committee, go
to the Budget & Finance so that we can adjourn and then come back to the Committee
of the Whole.
There being no objections, the Committee recessed at 6:38 p.m.
The Committee was called back to order at 6:39 p.m., and proceeded as follows:
Council Chair Rapozo: What is the pleasure of the Committee?
Councilmember Kagawa: I would like to defer.
Council Chair Rapozo: Okay. Is there any discussion before we make
that motion because there will be no discussion after the motion?
COMMITTEE OF THE WHOLE 6 DECEMBER 9, 2015
Councilmember Yukimura: No objections to a deferral and if it would help
I am happy to...did we already circulate the amendments?
Council Chair Rapozo: No.
Councilmember Yukimura: Then please go ahead and circulate them so
people can look at them and talk about them and contemplate them (See
Attachments).
Council Chair Rapozo: Is that appropriate here at the meeting? Am
I not supposed to?
Councilmember Yukimura: Yes, we have done it before.
Council Chair Rapozo: Somebody help me because I do not know. The
only reason we do not circulate before the meeting because of the Sunshine Law, but
now it is open to the public, you circulate it, you make it available to the public, I do
not see a problem with that. If I am wrong please correct me. That is right? Okay.
Let us circulate the amendments, make sure the public has copies of the
amendments, and then if there is any more discussion let us have that now, if not, I
will entertain the motion to defer.
Upon motion duly made by Councilmember Kuali`i, seconded by
Councilmember Yukimura, and carried by a vote of 6:0:1 (Councilmember
Hooser was excused) Bill No. 2604 was deferred.
There being no further business, the meeting was adjourned at 6:40 p.m.
Respectfully submitted,
detwie-
Darrellyne M. Caldeira
Council Services Assistant II
APPROVED at the Committee Meeting held on January 21, 2016:
U
MEL RAPOZO
Chair, Committee of the Whole
Attachment
(December 9, 2015)
FLOOR AMENDMENT#1
Bill No. 2604, Relating to Barking Dog Nuisance
Introduced by: JoAnn A. Yukimura
Amend Bill No. 2604 as follows:
1) Amend proposed Sec. 22-_.3, Barking Dog Nuisance, to read as follows:
"Sec. 22-_.3 Barking Dog Nuisance.
No person shall keep any dog(s) which barks, bays, cries, or howls
intermittently for a period of thirty (30) minutes within a forty-five (45)
minute period of time, or continuously or incessantly for a period of
fifteen (15) minutes to the disturbance of [two (2) different persons who have
affirmed the nuisance in writing, and who reside at two (2) different
addresses within the same real property tax map key (zone, section, and plat
number) as the physical location of the dog causing the nuisance,] any person
at any time of day or night and regardless of whether the dog(s) is physically
situated in or upon private property."
2) Amend proposed Sec. 22-_.6, Enforcement and Liability, to read as follows:
"Sec. 22- .6 Enforcement and Liability.
The provisions of this Article may be enforced by the Animal Control
Provider or a duly authorized Enforcement Officer. It shall be a violation of
this Article to interfere with the Animal Control Provider's representative or
the Enforcement Officer in the performance of their duties. [Prior to issuing
a citation, two (2) separate nuisance claims shall have been made as provided
in Section 22- .3.]
(a) Animal Control Provider. The Kauai Humane Society is hereby
granted authority as the Animal Control Provider. It shall be the duty of the
Animal Control Provider to receive, log, and compile barking dog
nuisance claims.
(1) Upon receipt of a barking dog nuisance claim, a written
warning/notice of nuisance claim and educational material shall be
given to the responsible party, with a copy to the complainant. The
notice shall give the responsible party no less than two hundred forty
(240) hours (or 10 days), or within the timeframe agreed to between
the Animal Control Provider and the responsible party, to abate the
barking nuisance or to refute the nuisance claim.
The educational material will consist of information on how to
control a dog's barking and the process for the complainant to complete
and submit a barking dog log.
Submission of a barking dog log does not lead to an automatic
citation of the responsible party.
1
Attachment
(2) The Animal Control Provider shall be in receipt of either
of the following prior to issuing a citation and forwarding the citation
to the Office of the Prosecuting Attorney:
(A) A statement from an Enforcement Officer who
witnessed the dog barking for the requisite time period; or
(B) Two (2) separate complaints accompanied by
two (2) completed [logs.] logs: or
(C) a videotape that can be properly authenticated in
court showing violation of Sec. 22- .3."
(b) Office of the Prosecuting Attorney. Upon issuance, the citation
will be forwarded to the Office of the Prosecuting Attorney for prosecution."
(Material to be deleted is bracketed. New material to be added is underscored.)
V:\AMENDMENTS\2015\2015.1207.6 FA-2604 jy1 JY-AO-mn.docx
2
Attachment
(December 9, 2015)
FLOOR AMENDMENT#la
Bill No. 2604, Relating to Barking Dog Nuisance
Introduced by: JoAnn A. Yukimura
Amend Bill No. 2604 as follows:
1) Amend proposed Sec. 22-_.3, Barking Dog Nuisance, to read as follows:
"Sec. 22-l.3 Barking Dog Nuisance.
No person shall keep any dog(s) which barks, bays, cries, or howls
intermittently for a period of thirty (30) minutes within a forty-five (45)
minute period of time, or continuously or incessantly for a period of
fifteen (15) minutes to the disturbance of [two (2) different persons who have
affirmed the nuisance in writing, and who reside at two (2) different
addresses within the same real property tax map key (zone, section, and plat
number) as the physical location of the dog causing the nuisance,] any person
at any time of day or night and regardless of whether the dog(s) is physically
situated in or upon private property."
2) Amend proposed Sec. 22-_.6, Enforcement and Liability, to read as follows:
"Sec. 22-_.6 Enforcement and Liability.
The provisions of this Article may be enforced by the Animal Control
Provider or a duly authorized Enforcement Officer. It shall be a violation of
this Article to interfere with the Animal Control Provider's representative or
the Enforcement Officer in the performance of their duties. [Prior to issuing
a citation, two (2) separate nuisance claims shall have been made as provided
in Section 22-=3.]
(a) Animal Control Provider. The Kaua`i Humane Society is hereby
granted authority as the Animal Control Provider. It shall be the duty of the
Animal Control Provider to receive, log, and compile barking dog
nuisance claims.
(1) Upon receipt of a barking dog nuisance claim, a written
warning/notice of nuisance claim and educational material shall be
given to the responsible party, with a copy to the complainant. The
notice shall give the responsible party no less than two hundred forty
(240) hours (or 10 days), or within the timeframe agreed to between
the Animal Control Provider and the responsible party, to abate the
barking nuisance or to refute the nuisance claim.
The educational material will consist of information on how to
control a dog's barking and the process for the complainant to complete
and submit a barking dog log.
Submission of a barking dog log does not lead to an automatic
citation of the responsible party.
1
Attachment
(2) The Animal Control Provider shall be in receipt of either
of the following prior to issuing a citation and forwarding the citation
to the Office of the Prosecuting Attorney:
(A) A statement from an Enforcement Officer who
witnessed the dog barking for the requisite time period; or
(B) Two (2) separate complaints accompanied by
two (2) completed [logs.] logs: or
(C) a videotape showing violation of Sec. 22- .3."
(b) Office of the Prosecuting Attorney. Upon issuance, the citation
will be forwarded to the Office of the Prosecuting Attorney for prosecution."
(Material to be deleted is bracketed. New material to be added is underscored.)
V_\AMENDMENTS\2015\2015-1207.5 FA-2604 jy la J'LAQmn.docx
2
Attachment
(December 9, 2015)
FLOOR AMENDMENT
Bill No. 2604, Relating to Barking Dog Nuisance
Introduced by: JOANNA. YUKIMURA
Amend Bill No. 2604 by amending proposed Sec. 22-_.6 as follows:
"Sec. 22-_.6 Enforcement and Liability.
The provisions of this Article may be enforced by the Animal Control
Provider or a duly authorized Enforcement Officer. It shall be a violation of
this Article to interfere with the Animal Control Provider's representative or
the Enforcement Officer in the performance of their duties. Prior to issuing a
citation, two (2) separate nuisance claims shall have been made as provided in
Section 22-_.3.
(a) Animal Control Provider. The Kauai Humane Society is hereby
granted authority as the Animal Control Provider. It shall be the duty of the
Animal Control Provider to receive, log, and compile barking dog
nuisance claims.
(1) Upon receipt of a barking dog nuisance claim, a written
warning/notice of nuisance claim and educational material shall be
given to the responsible party, with a copy to the complainant. The
notice shall give the responsible party no less than two hundred
forty (240) hours (or 10 days), or within the timeframe agreed to
between the Animal Control Provider and the responsible party, to abate
the barking nuisance or to refute the nuisance claim.
The educational material will consist of information on how to
control a dog's barking and the process for the complainant to complete
and submit a barking dog log.
Submission of a barking dog log does not lead to an automatic
citation of the responsible party.
(2) The Animal Control Provider shall be in receipt of either of
the following prior to issuing a citation and forwarding the citation to
the Office of the Prosecuting Attorney:
(A) A statement from an Enforcement Officer who
witnessed the dog barking for the requisite time period; or
(B) Two (2) separate complaints accompanied by two (2)
completed logs.
(b) Office of the Prosecuting Attorney. Upon issuance, the citation
will be forwarded to the Office of the Prosecuting Attorney for prosecution."
(Material to be deleted is bracketed. New material to be added is underscored.)
V:\AMENDMENTS\2015\2015.3 FA-jy3 bill 2604 J A0_ un.docx
1
Attachment
(December 9, 2015)
FLOOR AMENDMENT#2
Bill No. 2604, Relating to Barking Dog Nuisance
Introduced by: JoAnn A. Yukimura
Amend Bill No. 2604 by amending proposed Sec. 22-_.4, Affirmative Defense, to
read as follows:
"Sec. 22- .4 Affirmative Defense.
A dog shall not be deemed a barking dog for purposes of this section if,
at the time the dog is barking or making any other noise, a person is
trespassing or threatening to trespass upon [or traveling past] private
property in or upon which the dog is situated or for any other reasonable or
apparent cause [for the dog's barking.] which teased or provoked the dog."
(Material to be deleted is bracketed. New material to be added is underscored.)
V:\AMENDMENTS\2015\2015-1207.4 FA-2604 jy2 JYAO_mn.docx
1
Attachment
(December 9, 2015)
FLOOR AMENDMENT
Bill No. 2604, Relating to Barking Dog Nuisance
Introduced by: KIPUKAI KUALI`I
Amend Bill No. 2604 by amending proposed Sec. 22- .4, Affirmative Defense, to
read as follows:
"Sec. 22- .4 Affirmative Defense.
A dog shall not be deemed a barking dog for purposes of this section if,
at the time the dog is barking or making any other noise, a person is
trespassing upon or traveling past private property in or upon the area which
the dog is situated or for any other reasonable [or apparent] cause for the
dog's barking."
(Material to be deleted is bracketed. New material to be added is underscored.)
V:\AMENDMENTS\2015\FA Relating to barking dog nuisance- KK AO_lc
1