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HomeMy WebLinkAbout07/15/2015 Council minutes COUNCIL MEETING JULY 15, 2015 The Council Meeting of the Council of the County of Kaua`i was called to order by Council Chair Mel Rapozo at the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kaua`i, on Wednesday, July 15, 2015 at 9:05 a.m., after which the following Members answered the call of the roll: Honorable Mason K. Chock Honorable Gary L. Hooser (excused 4:06 p.m.) Honorable Ross Kagawa Honorable KipuKai Kuali`i Honorable JoAnn A. Yukimura (excused 4:06 p.m.) Honorable Mel Rapozo Excused: Honorable Arryl Kaneshiro APPROVAL OF AGENDA. Councilmember Chock moved for approval of the agenda as circulated, seconded by Councilmember Yukimura, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). MINUTES of the following meetings of the Council: June 3, 2015 Council Meeting June 17, 2015 Council Meeting June 17, 2015 Special Council Meeting Councilmember Kagawa moved to approve the Minutes as circulated, seconded by Councilmember Kuali`i, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). Council Chair Rapozo: Because we have an attorney here from Oahu, our first official item will be the Executive Session relating to a Workers' Compensation Claim. Before we do that, some members of the public have requested to speak on items on our Consent Calendar, so I am going to entertain that before we go into Executive Session. Councilmember Kagawa moved to remove C 2015-187, and C 2015-192 from the Consent Calendar, seconded by Councilmember Kuali`i, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). Council Chair Rapozo: Can I get a motion to receive Consent Calendar items, C 2015-188, C 2015-189, C 2015-190, C 2015-191, C 2015-193, and C 2015-194 for the record? COUNCIL MEETING 2 JULY 15, 2015 CONSENT CALENDAR: C 2015-188 Communication (06/16/2015) from the County Engineer, transmitting for Council consideration, proposed amendments to Ordinance No. B-2015-796, as amended, relating to the Operating Budget of the County of Kaua`i, for Fiscal Year 2015-2016, by revising the amounts estimated in the General Fund and Sewer Fund. (Kaua`i Lagoons Resort Wastewater Treatment Capacity Assessment Refund - $758,550): Councilmember Yukimura moved to receive C 2015-188 for the record, seconded by Councilmember Kagawa, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). C 2015-189 Communication (06/25/2015) from the Director of Planning, transmitting the Planning Commission's recommendation that Proposed Draft Bill (No. 2498), relating to amending Chapter 8, Kaua`i County Code 1987, as amended, to remove disincentives for commercial developments to provide bus facilities, including bus turnouts and shelter at bus stops, be received for the record: Councilmember Yukimura moved to receive C 2015-189 for the record, seconded by Councilmember Kagawa, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). C 2015-190 Communication (06/25/2015) from the Director of Planning, transmitting the Planning Commission's recommendation to amend Chapter 8, Kaua`i County Code 1987, as amended, to allow farm worker housing permits to be issued to farmers whose condominium property regime declarations have been amended after August 16, 2010: Councilmember Yukimura moved to receive C 2015-190 for the record, seconded by Councilmember Kagawa, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). C 2015-191 Communication (06/25/2015) from the Director of Finance, transmitting for Council information, the Period 11 Financial Reports — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of May 31, 2015, pursuant to Section 21 of Ordinance No. B-2014-781, relating to the Operating Budget of the County of Kaua`i for the Fiscal Year 2014-2015: Councilmember Yukimura moved to receive C 2015-191 for the record, seconded by Councilmember Kagawa, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). C 2015-193 Communication (06/26/2015) from the Director of Finance, transmitting for Council consideration, proposed amendments to Section 2, Ordinance No. 891, relating to Authorizing the Issuance of General Obligation Bonds of the County of Kaua`i for the Purpose of Financing Certain Bonds of the County; Fixing or Authorizing the Fixing of the Form, Denominations, and Certain Other Details of Such Bonds and Providing for the Sale of Such Bonds to the Public: Councilmember Yukimura moved to receive C 2015-193 for the record, seconded by Councilmember Kagawa, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). C 2015-194 Communication (06/29/2015) from the Director of Finance, transmitting for Council information, the Statement of the Condition of the County Treasury quarterly report as of May 8, 2015: Councilmember Yukimura moved to receive C 2015-194 for the record, seconded by Councilmember Kagawa, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). Council Chair Rapozo: Can we take up item C 2015-187, please. COUNCIL MEETING 3 JULY 15, 2015 C 2015-187 Communication (06/15/2015) from Council Chair Rapozo, transmitting for Council consideration, a Resolution Requesting The State Of Hawai`i To Rename Kapule Highway As The Kaua`i Veterans Memorial Kapule Highway: Councilmember Yukimura moved to receive C 2015-187 for the record, seconded by Councilmember Kagawa. Council Chair Rapozo: Can we call up the first registered speaker? JADE K. FOUNTAIN-TANIGAWA, County Clerk: The first registered speaker is Liberta Albao, followed by Reverend Dr. Barry Mick. Council Chair Rapozo: For the members of the public, this request was made by the Veterans Association to the State of Hawai`i through the Legislature, because Kapule Highway is a State highway. This was a request by Representative James Kunane Tokioka that we do a resolution at the county-level, so that it would give the people of Kaua`i an opportunity to testify here and not on O`ahu. This is basically being done at the request of Representative Tokioka. Should this Resolution pass, all of the testimonies will be compiled and sent over to him as well. With that, Ms. Albao. There being no objections, the rules were suspended. LIBERTA ALBAO, Representing Queen Deborah Kapule Hawaiian Civic Club: Good morning. I distributed a handout. Aloha Council Chair and Councilmembers. On Friday, July 10th, I was informed by a member of our Civic Club that a Resolution to rename Kapule Highway was being introduced. I went to the County website to research the agenda and Resolution. I also sent an E-mail to Club members, community people, and friends to kohua their support in opposition to the name change. Queen Deborah Kapule's legacy has been preserved and perpetuated from 1953-1985 by Grace Guslander's years at the iconic Coco Palms Hotel in Wailua. Famous movie stars such as Elvis Presley and many others fell in love with the beautiful and majestic grounds, which was once ruled by Hawaiian kings and queens. Queen Deborah was born in 1798 and died August 26, 1853 at the tender age of fifty-five (55). A son, Josiah Kaumuali`i was born. I want to express my sincere aloha to all of you to honor our Queen by not supporting the Resolution. Mahalo nui loa, Liberta Albao, President. I brought this portrait that we just framed. Council Chair Rapozo: Councilmember Yukimura, did you have a question? Councilmember Yukimura: Aloha, Liberta, thank you for being here. I guess you know that the proposal is to share the title and not substitute, but the Civic Club and others does not want that either... Ms. Albao: We have other testimony we want to read. People that sent me E-mails, because they could not be here today. Councilmember Yukimura: Yes. Are you objecting to even the sharing of the title? Ms. Albao: Correct. COUNCIL MEETING 4 JULY 15, 2015 Councilmember Yukimura: Okay, thank you. I just wanted to be clear about that. Council Chair Rapozo: Further questions? If not, next speaker. Ms. Fountain-Tanigawa: Next speaker is Reverend Dr. Barry Mick. REVEREND DR. BARRY MICK: I am the kahu of Kapa'a First Hawaiian Church, a veteran of the United States Air Force, and I am here this morning to support the Queen Deborah Kapule Hawaiian Civic Club, of which Liberta Albao is the President. I want to read the testimony of Aletha Kaohi who could not be here this morning because she is on O`ahu. "Please accept my testimony regarding Resolution No. 2015-51. As a Hawaiian kupuna, born and raised in Waimea, schooled by the elders, a Hawaiian cultural consultant who works towards the preservation of Kaua`i's history, traditions, and cultural of my people, I strongly object to the name change. Who is Kapule? Queen Kekaiha`akulou, was the wife of King Kaumuali`i, the last independent king of Kauai. She was subsequently converted as a Christian, takes the name Deborah Kapule and was instrumental in the mission work on Kauai. Kapule means prayer. I respect and have plenty aloha for all veterans, past, present, and future; however, my objection does not lessen my aloha. By tagging on Kaua`i Veterans Memorial to Kapule Highway is disrespectful to an ali i. Our veterans are already remembered by these places: Kaua`i Veterans Memorial Hospital, Kaua`i War Memorial Convention Hall, Kaua`i Veterans Center, and a memorial at PMRF (Pacific Missile Range Facility) Barking Sands. There are many more ways to honor our veterans, not by a name change of a highway named for a Queen. The Friends of King Kaumuali`i and the West Kaua`i Business & Professional Association are launching a fundraising campaign to raise funds to build a life sized statue of King Kaumuali`i. For the past two (2) years, we sponsored awareness programs and now we erect the statue. This statue is a symbol of peace. King Kaumuali`i ceded Kaua`i and Ni`ihau in 1810 to Kamehameha I (Kamehameha the Great) to save Kaua`i from bloodshed. I humbly ask that you honor Kaua`i's past and ali`i by not supporting the Resolution. Please contact me should you have any questions, phone 338-1447 or 338-1332. Signed Aletha G. Kaohi." Council Chair Rapozo: Thank you, sir. Any questions? Mr. Mick: Very quickly, we are having Ali i Sunday in August to honor Deborah Kapule who is the founder of our church. Ms. Albao: And of course everyone knows Coco Palms because of the book. Councilmember Kuali`i: If you and the people you represent believe and feel that it is disrespectful to share the name, would you rather not see a sharing of the name at all? Either leaving it as Kapule or change it completely to Kaua`i Veterans Memorial, without Kapule. COUNCIL MEETING 5 JULY 15, 2015 Ms. Albao: Leave it as is. Councilmember Kuali`i: Yes, but would you not like to see the sharing at all? Ms. Albao: No. When I spoke to Aletha, there is Kaumuali`i Highway, there is Ala Kinoiki, all the ali`i names, so this is a beginning that we should honor our ali`i on Kaua`i. We are very appreciative that you are giving us the opportunity to testify. I just found out last week Friday and I was thankful that Council Chair explained to me, because we came early, I appreciate that explanation. Council Chair Rapozo: You are welcome. Ms. Albao: We very much appreciate it. Council Chair Rapozo: Thank you. Ms. Albao: And many of you and your families have worked at Coco Palms. Mason's father was the chef, he worked with me. Mel's mother was the food and beverage secretary for many years and even Councilmember Kuali`i. Councilmember Kuali`i: Can you also explain the difference between Kapule and Kekaiha`akulou. Ms. Albao: Actually that was her full name: Kekaiha`akulou, but somehow historically her name was shortened to recognize Queen Deborah Kapule. We have many descendants today. That is the reason why I had the vision to organize the Civic Club to perpetuate the legacy because of my thirty (30) years at Coco Palms. I am also working with the developer to do something like a museum. We can do many things to honor Queen Deborah Kapule. We would celebrate her birthday every August, with a big bonfire in the Coconut Grove to honor Queen Deborah Kapule. It is a big thing. All of the Warrior's Societies were invited, if you look at the book, it is all in here, the pictures. This is not something small, it is really, really big. She was a wonderful queen. Councilmember Kuali`i: You talk about Coco Palms and I would imagine that the Queen's home was in the Wailua area. Ms. Albao: Yes. Councilmember Kuali`i: I wonder if maybe in the future we could look at maybe naming a portion of the highway near her home, exactly where she lived and maybe working with the new developers of where Coco Palms sits today, to really honor her by naming the hotel after her, or name that portion of the current Kul-AZ Highway after her, because I am sure Prince Kuhi`o would be happy to share. He has miles and miles from Lihu`e all the way to the North Shore, right. Ms. Albao: Well Councilmember Kuali`i... Councilmember Kuali`i: It was probably his Auntie or something like that. COUNCIL MEETING 6 JULY 15, 2015 Ms. Albao: I would appreciate you joining me in that effort. Councilmember Kuali`i: I will. Ms. Albao: Because I have been on many committees with Tyler Green folks from the very beginning when we were invited to participate and I would love to have you on the team. Council Chair Rapozo: I want to stop the Coco Palms discussion, because we are on the Kapule Highway. Councilmember Kagawa: First, let me start by saying that what you have said and what Aletha has said I agree with. Mixing the names seems inappropriate, but besides that, this Resolution has no teeth. The State will make the decision. Representative Tokioka, from what I heard from other Councilmembers, asked us to do a resolution to support...a recommendation went to Representative Tokioka, and then he came to us and said, "Can you do a resolution to support it because the veterans had brought it to him." But have you talked to Representative Tokioka? If he pulls the Resolution, it makes things a lot easier and being of Hawaiian decent, I would think that Representative Tokioka would see it the same way as Aletha has stated. Not to be disrespectful, but perhaps mixing up the Queen's name and the veterans is not pono. Ms. Albao: Thank you, Councilmember Kagawa. We appreciate what you have advised us and I am sure we can get together with Representative Tokioka. Thank you for your many o. Council Chair Rapozo: Further questions? If not, thank you. Anyone else wishing to testify? The Resolution is time specific for 2:30 p.m. today. The meeting was called back to order, and proceeded as follows: The motion to receive C 2015-187 for the record was then put, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). Council Chair Rapozo: Can we have the next item, please. C 2015-192 Communication (06/26/2015) from Council Vice Chair Kagawa, transmitting for Council consideration, a Resolution Proposing A Charter Amendment Relating To Term Limits For Councilmembers. Council Chair Rapozo: Any registered speakers? Ms. Fountain-Tanigawa: We have two (2) registered speakers. The first speaker is Carl Imparato, followed by Charlie Iona. Councilmember Kagawa moved to receive C 2015-192 for the record, seconded by Councilmember Kuali`i. There being no objections, the rules were suspended. CARL IMPARATO: Is it appropriate to speak when the Resolution is up for discussion as opposed to now or is this the only time? COUNCIL MEETING 7 JULY 15, 2015 Council Chair Rapozo: No, no. This is being made available because someone needed time before the meeting and cannot stay when the Resolution comes up. Mr. Imparato: I will wait for the Resolution. Council Chair Rapozo: Okay, next speaker. CHARLIE IONA: Good morning. I am here testifying in brief relating to this agenda item for the purpose that I think given the political climate that we are in today, many of you are considered good servants of the people, and I do not think term limits should be placed upon you. With the pool that we have with the population-base being as small as it is, it is even hard to get commission members to serve, so if you are doing a great job, you leave it up to the voters, you let the voters have their say, you do a good job, they will put you right back in office. But I cannot see that when your term is up, you are just opening it up and hoping that somebody can come and fill the shoes when we know we have somebody really good sitting on the Council as it is right now. That is why I am in favor, just from my testimony, to look at the term limits and to erase it, and leave it up to the voters. They are the ones who are ultimately are speaking. Council Chair Rapozo: Okay. Councilmember Yukimura. Councilmember Yukimura: Thank you for being here. If you did not think there were good people around the table, would you have a different position? Mr. Iona: No, as a voter, regardless of how I vote, what candidate gets in or not, that is the process. I think if the majority of the voters are saying, like for you as an example; that you are doing a good job or Council Chair Rapozo, if your term is up this time, it would be to me a travesty to see you go just because a term is set upon you. I would want to see you serve even longer. That is why I feel this way. Councilmember Yukimura: How about the Office of the Mayor? Mr. Iona: Does this relate to the Office of the Mayor as well? Council Chair Rapozo: No, it does not. Councilmember Yukimura: No, but it is still the same principle, an elected official, the Prosecuting Attorney as well; would you just say let it then be up to the voters? Mr. Iona: I can say with certainty, I am testifying today regarding the Councilmembers, and we are not talking about the Mayor. I look at the Legislature, it is the same thing. We have a Governor that has a term limit and then you look at all of the Legislators. I look at it the same way. If the issue came up with regards to the Mayor or the Prosecuting Attorney at that time, then I will consider coming before you to testify, but right now I am testifying regarding the County Council. COUNCIL MEETING 8 JULY 15, 2015 Councilmember Yukimura: So, you think it should apply just to legislative bodies and not to administrative bodies? Mr. Iona: Well again, if the test was to be this legislative body and if the voters felt that, yes, maybe we erase the terms, then we leave it up to the voters. I am one (1) voice. I am pretty sure there are many others out there that feel the same as I do, but to give a blanket statement that it goes across the board, I would not do that at this time. Councilmember Yukimura: Okay, thank you. Mr. Iona: You are welcome. Council Chair Rapozo: Any other questions for Mr. Iona? If not, thank you very much. Anyone else in the audience wishing to testify? Ken. KEN TAYLOR: We are on C 2015-192, is that correct? Council Chair Rapozo: The Resolution is going to come up later. This is just the communication, we made this available for the people that had to leave, so are you going to testify when the Resolution comes up on the agenda? Mr. Taylor: Well I can testify now or later but... Council Chair Rapozo: It is up to you. I am just asking for the courtesy that you choose one or the other, although you are entitled to speak on both. Mr. Taylor: I will come back later, thank you. Council Chair Rapozo: Thank you. Anyone else wishing to testify? If not, I will call the meeting back to order. The meeting was called back to order, and proceeded as follows: Councilmember Kagawa: The big elephant in the room is, why did I propose this removal of the term limits when it was decided by the voters in 2006? 2006 and 2016 is a ten (10) year difference. I believe since then a lot has changed. In 2006, we had very limited candidates who successfully could defeat current sitting Councilmembers. That has changed. I am very concerned that term limits could keep some very important people like Council Chair or Councilmember Yukimura from continuing to serve at a very critical point in our lives. That being said, I believe the voters are doing a fine job themselves of keeping Councilmembers from serving too long. No Councilmember has ever reached the term limit. Former Council Chair Jay Furfaro came the closest. He was seeking his fourth (4th) term. So the question is, why have it? Let the voters decide. They are already doing it any way. We had only nine (9) people who ran for Council in 2012, myself and Councilmember Hooser were the two (2) challengers. Only nine (9) people ran for seven (7) seats. Twenty-four (24) people ran in 2014, three (3) new Councilmembers were elected; Councilmember Chock was already sitting on the Council, but it was his first time running. A lot has changed and that is why I am proposing this charter amendment. It is as simple as that — a lot has changed. Councilmember Hooser: Since we are going to have discussion now, and I suppose discussion later, I want to say a few remarks if I might. COUNCIL MEETING 9 JULY 15, 2015 Council Chair Rapozo: Sure. Councilmember Hooser: It is extremely difficult to get elected to this body. It is a County-wide race. This last election saw one (1) non-incumbent, someone who has not served before, elected, even though everybody ran. The voters voted overwhelmingly for term limits. I believe that we should make space for new people to come in. That is one (1) of my biggest goals is to find more people to get elected and it is extremely difficult, so I will not be supporting going against the will of a great majority of the voters who have said that they want term limits. I have served on and off for a number of years, but I have never served for more than eight (8) years. I chose myself to either run for another office and not serve. I think we need to make space for new leaders, and make space for emerging, incoming people. Too often we get complacent and frankly we are here every day on television, on camera. We get invited to groundbreakings, blessings, and so our face is all over the place. We have a tremendous advantage over new candidates coming in and we are not the smartest people in the room, as much as some think we are at some point. There are many good and smart people out there that deserve an opportunity and deserve space —we need to make space, if possible, for those new leaders coming in. Again, there is much talk about honoring the community and the community's will in the past, I think the community spoke loud and clear on this issue in the past. Overwhelming, the community said they want term limits and I do not believe that it is our job to be self- serving and say we deserve longer terms when the community has spoken already. There are other dynamics in play also. It could be that there is a charter amendment proposal for a County Manager system of government. A County Manager system of government makes the Council even stronger than it is now and so that would allow this Council, in most models, to appoint the County Manager. When the voter goes to vote, they will be voting for taking the terms limits and voting for a possible County Manager position in which the dynamics are complicated and it could inadvertently make the Council even stronger, or the County Council Chair for that matter, and the majority of four (4), hires and fires the County Manager and runs the County government. Without terms limits that would engrain in the power of four (4) people indefinitely over time. And in effect, the question by Councilmember Yukimura was very pertinent in terms of the Administration, because in a County Manager position/situation/structure, it would put the Council in a de facto position of running the Administration without term limits, if this all went through. I think it is a very bad move in the wrong direction, and it will unnecessarily complicate the decision on the County Manager, when that comes about, if that ever makes it on the agenda also. I will have further comments later. Thank you. Council Chair Rapozo: Further comments? Councilmember Yukimura. Councilmember Yukimura: I just have a question to the introducer of the Resolution. Council Vice Chair, you said that in 2006 we had limited candidates who could successfully become Councilmembers; are you saying that now that we have many candidates who could successfully become Councilmembers, we should not have term limits? Councilmember Kagawa: I do not understand your question. I am saying let the voters decide. Councilmember Hooser's analogy is ridiculous. It is not we approve this Resolution and the Councilmembers have unlimited term limits. The voters in 2016 — different voters than perhaps were in 2006 will have another chance COUNCIL MEETING 10 JULY 15, 2015 to say yes or no. It is not — the Council will decide and it is done. The voters will still decide. Councilmember Yukimura: Yes, and I am saying that we need to really think about whether the idea, itself, is meritorious. If we are going to propose to change it. This idea with having no limits is meritorious and is needed, so that is why we should put it on the ballot. That is how I am thinking. If it is not broke, do not change it. Is the concept of term limits "broke?" Councilmember Kagawa: My fear is that if we keep term limits, the term limits could put a body of Councilmembers in office that could be in favor of passing invalid laws and that is my fear. Councilmember Yukimura: If we do not have term limits, then what? Council Chair Rapozo: I am going to be asking that the Council defer action on the Resolution until we have five (5) Councilmembers, because it takes five (5) members to pass. I am going to ask that we defer this until Councilmember Kaneshiro gets back, because I believe that we should have a full Council, and it also gives the community an opportunity and extra time to chime in on this as well. This is just the communication, and if we want to have the discussion here, that is fine, and we can defer the Resolution later. I would limit the discussion to comments and not questions because I do not want this to be a debate about philosophies. I think Councilmember Kagawa made his point quite clear. You either agree or disagree. That is how it works. It is not to pick his brain and find out why and ask questions and likewise. If you believe it is not meritorious, then you do not support it. The idea is whether or not ten (10) years is time to have it placed on the ballot once again. Councilmember Yukimura: I am not trying to pick Council Vice Chair's brain, to be argumentative. I am trying to decide what position I will take on this matter, so I am trying to understand his rationale for introducing it, and I think that is a legitimate part of the discussion. I want to say that a deferral is absolutely important, and I would like us to go beyond that and set a public hearing date, time specific when people can come to testify on the matter, because this is such a major decision. I would be appalled if we tried on first instance to try to pass it, or act on it. Are we required to have a public hearing? Okay, that is settled. Council Chair Rapozo: For charter amendments, we have to set a public hearing. Councilmember Yukimura: So it would not just be a deferral, but setting of a public hearing and I am glad it is required. Council Chair Rapozo: Some things in the Charter actually makes sense. Councilmember Kuali`i: I just wanted to state that I am in support of this Resolution, and I think as far as the will of the voters, we get to hear from the voters every two (2) years. I am one hundred percent (100%) in support of encouraging more participation in the process; more candidates and more voters actually voting. As a basic democratic principle for me that has always been there, that the voters should always have the full choice. If they want to choose an incumbent in office, they should have that choice. Especially in the races at the lowest-level, the closest to the voters, such as the County Council, State Legislature, COUNCIL MEETING 11 JULY 15, 2015 and even Congress where the people are serving in elected bodies that are closely connected to the voters and the citizens. I think the voters have the right to express their will in every election, for us that is every two (2) years. Not only on candidates, but also on issues, charter amendments, if you will. However, they can only vote on what is on the ballot, and this item of terms limits has not been on the ballot since 2006. I think perhaps every ten (10) years or so, it is a reasonable amount of time, because things do change as Council Vice Chair has stated. The voters should have a chance to vote on that again. If they still feel strongly about term limits, they will vote to keep term limits, but it is not for us to decide. I think it is our decision to give them the choice, and that is why I would support it. Personally, that is how I would vote. Thank you. Councilmember Yukimura: If, as it has been stated before on the floor, this is a matter of principle, then it should apply to the Office of the Mayor and the Office of the Prosecuting Attorney. We should put all of it on the ballot, because the same principle applies to those offices as well. Council Chair Rapozo: You are free to do that as well, but think about this, the President, the Governors, and the Mayors do not have term limits. There is a reason for that... Councilmember Kuali`i: "Have" term limits. Council Chair Rapozo: Excuse me — have term limits. There is a reason that the Executive Branches have term limits. The legislative branches such as Congress, House of Representatives, Senators, and Councilmembers do not. There is a reason for that. I would suggest we go look into those reasons before we start saying, "We are going to make our Kaua`i Mayor or Prosecutor..." there are reasons for that and I think there is some substance to that. I think we should explore why. Councilmember Hooser: I want to restate my opposition to this. Councilmember Kagawa referred to my reasoning as ridiculous and I would ask that there would be a little bit more decorum in terms of criticizing others' viewpoints. Council Chair Rapozo: Well, it is like you calling his comments "self-serving." If we all choose better words, we would all be in better shape, and I do not want to be a referee. Councilmember Hooser: I am just rebutting it then, you do not have to be a referee. Council Chair Rapozo: Well, I am the referee, and I appreciate... Councilmember Hooser: And if you could ask him to hold his remarks until it is his turn, I would appreciate that also. Council Chair Rapozo: Okay, go ahead. Councilmember Hooser: I believe it is very self-serving for this body to vote to give itself more power. That is what this Resolution does. We are voting to give ourselves more power. The public is not clamoring for this. Most bills and issues that we discuss here, almost all of them are a result of the public coming and saying that we need to regulate this or that. The public is not clamoring for us to have more power or to stay in office longer. I have yet to see that. I believe that it is self-serving, COUNCIL MEETING 12 JULY 15, 2015 and besides letting the people choose, which is an easy discussion or argument to make, they basically can decide all kinds of things, on everything for that matter. This will certainly affect dramatically, choices regarding the County Manager system and so it has other consequences besides limiting the opportunities for future candidates, extending the power, and longevity of Councilmembers. For those reasons, and many others, I am not going to be supporting this. Councilmember Kuali`i: I just want to make clear that we are voting to give the voters a choice, so if this ends up on the ballot, the voters decide. It is self-serving to say—to misrepresent that statement and say that we are making that decision and that we are giving ourselves any kind of power. All we are doing is giving the voters a chance, after ten (10) years to vote again on whether they want to see term limits continue or term limits end. If the voters decide one way or the other, we support that a hundred percent (100%), but we are only voting on putting this forward, so the voters have a chance to vote on it again. There are several ways to go forward, like a citizens' petition, the Charter Commission, and the County Council. We are elected here to put items forward, and if there are four (4) votes to do this on behalf of the people, it would just be giving them the choice to decide. We are not making that decision. Thank you. Council Chair Rapozo: This would require five (5) votes to get it on the ballot, there will be a public hearing, and I would ask that we do the public meeting in the early evening, late afternoon. None of us here except maybe...we all got elected without...not because somebody termed out, Councilmember Kagawa brought that point up earlier. If this had come up before the last election, I would never have supported it, but I think the public has shown their ability to determine term limits by a candidate that has not exhausted the term limit. Last election was pretty clear. Two (2) Councilmembers got removed from office by the public. It was not because the Charter said they had to or that they were done. Prior to that election, I would not have supported this, because there is some level that provides opportunity for people to participate in the process, but after the last elections it is clear to me that the public does have a voice. They removed two (2) veteran Councilmembers, a Council Chair. The public does have a voice, and it was not because of a term. We will have a public hearing and this will be up for a vote probably next month or so. The motion to receive C 2015-192 for the record was then put, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). Council Chair Rapozo: At this time we are going to go into Executive Session. I apologize to the attorney who has been waiting since 8:30 a.m. There being no objections, ES-808 was taken out of order. EXECUTIVE SESSION: Pursuant to Hawai`i Revised Statutes (HRS) §92-7(a), the Council may, when deemed necessary, hold an Executive Session on any agenda item without written public notice if the Executive Session was not anticipated in advance. Any such Executive Session shall be held pursuant to HRS§92-4 and shall be limited to those items described in HRS §92-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES-808 Pursuant to Hawai`i Revised Statutes Sections 92-4 and.92-5(a)(4) and (8), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is to consult with the Council's legal counsel to receive legal updates, overviews, and COUNCIL MEETING 13 JULY 15, 2015 recommendations for purposes of obtaining Council approval of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. Council Chair Rapozo: Can you read the second Executive Session posting as well, so we do not have to revisit that later? We are going to deal with ES-808 while the attorney is here, and then we will come back to the open session. ES-809 Pursuant to Hawai`i Revised Statutes Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(e), the Office of the County Attorney, on behalf of the Council, requests an Executive Session with the Council to provide the Council with a briefing regarding the claim against the County by Advantage Rent A Car, for damage to their vehicle, and previously on the Council's agenda as C 2015-182, and related matters. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. Councilmember Chock moved to convene in Executive Session for ES-808 and ES-809, seconded by Councilmember Kagawa, and carried by the following vote: FOR EXECUTIVE SESSION: Chock, Hooser, Kagawa, Kuali`i, Yukimura, Rapozo TOTAL— 6, AGAINST EXECUTIVE SESSION: None TOTAL — 0, EXCUSED & NOT VOTING: Kaneshiro TOTAL — 1, RECUSEI) & NOT VOTING: None TOTAL — 0. Council Chair Rapozo: At this time we will be in recess. We are going to go into Executive Session to cover one (1) of the proposed settlements. I would assume that should be...Mr. Attorney, how long? SCOTT LEONG, Special Counsel: Depends on the questions, Council Chair. Council Chair Rapozo: About an hour, you think? Mr. Leong: Less than that. Council Chair Rapozo: I hate to inconvenience the members of the public, but we have to accommodate the Attorney's schedule. Let us say, forty-five (45) minutes. We will return at 10:30 a.m. There being no objections, the Council recessed at 9:44 a.m., to convene in ES-808. The meeting was called back to order at 10:32 a.m., and proceeded as follows: COMMUNICATIONS: COUNCIL MEETING 14 JULY 15, 2015 C 2015-195 Communication (06/24/2015) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend Federal funds in the amount of $34,952, from the Edward J. Byrne Memorial Justice Assistance Grant (JAG) Fiscal Year 2015 Local Solicitation Grant to be used towards funding one (1) full-time equivalent (FTE) Process Server for the Office of the Prosecuting Attorney, purchase office supplies, and allow Officers of the Kaua`i Police Department the ability to attend training sessions. The grant will commence on October 1, 2015 through September 30, 2018: Councilmember Kuali`i moved to approve C 2015-195, seconded by Councilmember Kagawa. Ms. Fountain-Tanigawa: Council Chair, we have one (1) registered speaker, Matthew Bernabe. There being no objections, the rules were suspended. MATTHEW BERNABE: Good morning. I will keep this quick. I support the grant and its process, but I want to say that the recruits should be absorbing some of their training costs, because that would help offset everything, even down to the collective bargaining. If we have to put "x" amount of police officers because of collective bargaining, we should be able to find ways that we are not absorbing the whole cost. I was in the service. I was both in the Army and Coast Guard, and there never was once that I went through a boot camp that I did not owe money. I owed money for my hair cut, BDU's (battle dress uniforms), and everything that I had. When you got your first paycheck, you were broke, because you did not have money. I remember asking my wife to send me money. The other issue with making them absorb some of these costs is because if we absorb the entire cost, what is to say that they just take that training and move to a city that has better paying rates for police officers. At least add language in there saying if you do not serve five (5) years in our police department and you leave, there are going to be some penalties that you owe for your training. I support the grant because obviously getting the grant money will help offset our County expense, but I just want you to be holistic in the thought process of this whole thing about funding the Police Department. I understand the bargaining, and all the aspects of it, but they should be absorbing some of their costs. Lawyers do not come out of law school not owing a penny, right? Business people do not come out of business school not owing a penny. Why should our Police Department come out scot-free and I know the argument, that you want well-paid cops that do not have debt so you do not have corruption, but guess what, they are regular people like us. They have to be able to absorb some of their training costs. That is all I want to say. Council Chair Rapozo: Thank you, sir. Anyone else wishing to testify? If not. The meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Discussion? The motion to approve C 2015-195 was then put, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). C 2015-196 Communication (06/26/2015) from the Housing Director, requesting Council approval to apply for, receive, expend, and indemnify the United States Department of Housing and Urban Development (HUD) for the continuation of the Housing Choice Voucher Family Self-Sufficiency (HCVFSS) COUNCIL MEETING 15 JULY 15, 2015 Program Coordinator Specialist II position in the amount of$69,000 and the HCVFSS Coordinator I position in the amount of $64,000. The purpose of the program is to enable participating low-income families to increase their earned income, reduce or eliminate the need for welfare assistance and rental subsidies, and make progress toward economic independence and self-sufficiency: Councilmember Kuali`i moved to approve C 2015-196, seconded by Councilmember Kagawa. There being no objections, the rules were suspended. Mr. Bernabe: I support this one hundred percent (100%). My mother was a single mom in reaganomics. I suffered in the `80s and if it was not for HUD (Housing and Urban Development), I would have lived in a lot lower level of poverty. HUD helped me live in a good house, my mother had it, and I think she still might be on the program, I am not sure. I support this program. I want to add my rationale for supporting this. Many on the other side would say that this is just the takers or this is just welfare for the poor, however, I would agree that welfare is not good to a certain degree, but let us start with the corporate subsidies and millions of dollars from our federal government. If some federal government moneys are going to come down for housing, I support that. I rather have that kind of welfare than corporate subsidies. I just want to put that on the record. Thank you. Council Chair Rapozo: Anyone else? Ms. Cowden. FELICIA COWDEN: I do also fully support this. I want to say that it is particularly important when right now our HUD vouchers are being cut across the board by something like twenty-five percent (25%). Many people who are currently getting HUD vouchers, are probably going to lose their housing if we do not address that. I know on Oahu, to be able to present their case to the feds, they say we need to not have such a significant cut. When we do not have enough staffing to be able to address issues like this, it creates a downward cycle on this. I think it is very important that we have staff that can basically beg the case for the people who really are highly dependent on this and that we can have those vouchers fully funded. What my understanding is from Housing is that if these do not get utilized, then we lose them for next year. We have to be able to show that we have the support for that amount of housing and housing is in a crisis-level. I think that this needs to be funded and whatever way the Council can support the effort of the Housing Agency to be able to get a more full amount from HUD, that would be great. I know it takes some work, but it needs to be done. Thank you so much. Council Chair Rapozo: Anyone else? If not, I will call the meeting back to order. The meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Any discussion? Councilmember Yukimura: I want to say that this is a worthwhile program, because it helps families get off the renting circuit into ultimately owning homes. It certainly helps them to save. It is based on this idea that instead of giving fish, you teach people to fish. I only hope that we can expand this kind of program, so that it will reach more people, because it is such a positive way to support families. Councilmember Chock: I am very supportive of us moving in this direction to meet this deadline and would like to follow-up with a request to see how COUNCIL MEETING 16 JULY 15, 2015 we are best utilizing this funding coming forth either with a follow-up or presentation from the Housing Agency. Council Chair Rapozo: So noted. Councilmember Yukimura. Councilmember Yukimura: I believe this is a recurring program and I think it is worthwhile to get a report. Councilmember Chock: Yes, and my interest is similar to what you had mentioned, I am sorry, Chair. Council Chair Rapozo: Go ahead. Councilmember Chock: In terms of being able to do more with less is where we are obviously headed with such a big mountain to climb. My hope is that we may relook at how it is we are utilizing the funds in order to maximize how we can best sustain whatever efforts we need. Thank you. Councilmember Yukimura: I totally concur with that approach. Council Chair Rapozo: Any other discussion? If not. The motion to approve C 2015-196 was then put, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). C 2015-197 Communication (07/06/2015) from Council Chair Rapozo, requesting the presence of the Managing Director, to discuss the Administration's efforts to address the issue of homelessness on Kaua`i: Councilmember Kagawa moved to receive C 2015-197 for the record, seconded by Councilmember Kuali`i. Council Chair Rapozo: Let me just start by saying that I put this on the agenda because of what is going on throughout the State. Honolulu is getting a lot of the publicity on the homeless issue, but it does not mean that the other islands are not having the same concerns. I want to have the discussion or start the discussion early, so Kaua`i does not become a "Honolulu" as it relates to the homeless issue. I am hoping that we can start the dialogue here and get some information from the Administration as to what they may have planned, offer some suggestions, and hopefully start the process where we can provide some services. I see the Governor has recently, working with Honolulu City Council, agreed to have some small developments on Oahu which will accommodate some of the homeless families. I am not sure what the answer is for Kaua`i, but it is definitely worth starting the discussion now before it is too late. That is the purpose of the agenda item. I know we had a lot of people here earlier. Did we have registered speakers? Ms. Fountain-Tanigawa: Yes we did. Council Chair Rapozo: I want to hear from the community, so we can have a much better discussion with the Administration and Council once we hear some of the concerns that we may not be aware of, so with that, can we start with the public testimony. There being no objections, the rules were suspended to take public testimony. COUNCIL MEETING 17 JULY 15, 2015 Ms. Fountain-Tanigawa: The first registered speaker is Leland Pappert, followed by Bruce Van Buskirk. Council Chair Rapozo: Where is everybody? Did they all leave? Ms. Cowden: I think they are all outside. Council Chair Rapozo: We had a room full earlier this morning, and now they are all gone. I did say 10:30. Let us just move on to the claims, real quick, and we will come back as soon as the speakers are in. There being no objections, the Claims were taken out of order. CLAIMS: C 2015-198 Communication (06/30/2015) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Barbara M. Goodwin, for damages to her vehicle: Councilmember Kuali`i moved to refer C 2015-198 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Councilmember Yukimura, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). C 2015-199 Communication (07/01/2015) from the County Clerk, transmitting a claim filed against the County of Kauai by Eileen Shavelson, for violation of her civil rights: Councilmember Kuali`i moved to refer C 2015-199 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Councilmember Yukimura, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). There being no objections, the rules were suspended to take public testimony. There being no public testimony, the meeting was called back to order, and proceeded as follows: COMMITTEE REPORTS: PUBLIC SAFETY COMMITTEE: A report (No. CR-PS 2015-04) submitted by the Public Safety Committee, recommending that the following be Approved on second and final reading: "Bill No. 2589 -A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 13, SECTIONS 13.1 AND 13.2, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE RECOVERY OF RESCUE EXPENSES," Councilmember Hooser moved for approval of the report, seconded by Councilmember Yukimura, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). COMMITTEE OF THE WHOLE: �rr�r COUNCIL MEETING 18 JULY 15, 2015 A report (No. CR-COW 2015-02) submitted by the Committee of the Whole, recommending that the following be Received for the Record: "COW 2015-02 - Communication (06/29/2015) from the Council Chair, requesting the presence of the Managing Director, the Office of the County Auditor, and the County's external audit consultant to discuss the following: • Audit of County Hiring Practices • Audit of County Payroll System," Councilmember Kuali`i moved for approval of the report, seconded by Councilmember Kagawa, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). Council Chair Rapozo: Let us go back to C 2015-197. Ms. Fountain-Tanigawa: The first registered speaker is Leland Pappert. Council Chair Rapozo: Is Leland here? (Mr. Leland Pappert was not present.) Ms. Fountain-Tanigawa: The next registered speaker is Bruce Van Buskirk. There being no objections, the rules were suspended. BRUCE VAN BUSKIRK: I am a homeless, disabled, Vietnam veteran. My particular agenda today is talking about being able to get into the HUD voucher program, but the issue with that program is that they are unclear about your background and everything else. My background is not all that excellent. Can somebody talk about the HUD program, so a person like myself could get into the program. Secondly, I am trying to work into that. Since I have been here, we have had a lot of problems with homelessness in places here — most homeless like myself cannot pay a five dollar ($5) fee or any money to stay in a park. We have no home. We like to call ourselves "houseless," and not "homeless." I rescued a woman about a week and a half ago, because she was just about to get raped, physically. The guy sexually assaulted her. There are elderly people that do not have a place to stay. My particular suggestion is to monitor homeless camps, away from prying eyes or tourists, and to have a power to evict them, like a landlord would, in a designated area. Security could be applied to those particular type of situations. We have a lot of problems with that. I understand there are places like shelters, but the shelters can only do so much with so many people. I would be willing to talk to some people. I do not know who to talk to, but you are probably my first step. It is a security issue, especially with people like myself, you know what I am saying? I am saying that being a Vietnam veteran is special or anything like that, but I am just saying that I have been trying to get into HUD and trying to work out something with them. I guess that is it. Council Chair Rapozo: Thank you, Bruce. First of all, thank you for your service in the military. Mr. Van Buskirk: Thank you. COUNCIL MEETING 19 JULY 15, 2015 Council Chair Rapozo: I know we have some HUD questions, and we actually have our Housing Director in the back, and he is listening today as well. I will make sure that you can put a face to a name, so you can at least ask him some questions that you need to. Mr. Van Buskirk: I tried to get HUD assistance on O`ahu, because that is where I am from. Council Chair Rapozo: I am not familiar with the program, but he is and he can help you. I appreciate the suggestions. That is what this is about. That is what this meeting is about today; get suggestions, and kind of figure out where we go from here. We have some questions for you. Councilmember Kagawa: How long have you been residing on Kaua`i? Mr. Van Buskirk: In Kaua`i? Since July 3. I was here before, eighteen (18) years ago, but my residence is in Oahu. Councilmember Kagawa: So, eighteen (18) years ago you used to live here? Mr. Van Buskirk: Yes. Councilmember Kagawa: If you want to disclose it, where are you currently staying at? Mr. Van Buskirk: I camp out. Councilmember Kagawa: In the Lihu`e area? Mr. Van Buskirk: Yes. Councilmember Kagawa: How many people are in that camp? Mr. Van Buskirk: Just a couple, but there used to be a bunch. They were not acting right and that is the reason I said there is a need to monitor. Councilmember Kagawa: Where did that sexual assault occur that you broke up? Mr. Van Buskirk: Kalena Park. Councilmember Kagawa: Thank you. Mr. Van Buskirk: It was a two-type situation. One was with an elderly lady that is in a wheelchair and she cannot get out of the wheelchair, and secondly, it happened with my friend. Fortunately, I was there to stop the assault. You know what they say about rape, anything that is unwanted, is considered rape. Councilmember Kagawa: In this Lihu`e area that you camp out, are there any children that you see? Mr. Van Buskirk: No children that I have ever seen, no. COUNCIL MEETING 20 JULY 15, 2015 Councilmember Kagawa: Thank you. Councilmember Yukimura: So there is a Veterans Homeless Counselor on the island, and I was just asking my Staff for the contact information. We unfortunately, only have an E-mail address, but maybe you can E-mail. It was a "she" the last time I know, who might be able to get you a phone number. Mr. Van Buskirk: I have been talking to Matthew over here at the bank building. He is with Catholic Charities, and he has been my representative, but HUD-Veterans Affairs Supportive Housing (VASH) unfortunately is different than the other agency. Councilmember Yukimura: It is supposed to be a special outreach program for veterans as I understand it. Maybe our Housing Director in the back has that information too. Thank you very much. Councilmember Chock: You mentioned shelters, have you looked into the shelters and what is the situation, if you can explain from your perspective? Is it full? What are the struggles? Mr. Van Buskirk: The shelter here, I have not seen, but a lot of people have been telling me about it and it is very limited in its ability to assist the demand that is here. It is kind of like IHS (Institute for Human Services) in O`ahu, but it is not nearly as large and it does not do as much as it can. Councilmember Chock: My second question is, what has bought you back to Kaua`i, if you want to share. Mr. Van Buskirk: This is my first home. I came here many years ago from the mainland United States, and I really appreciated the island when I came here, so I came back. I just came from Alaska spending one (1) year, kind of like a vacation, and my wife passed away, so I just came back to where I knew. Thank you. Council Chair Rapozo: I am sorry about your wife. In a perfect world, what would be ideal? Your recommendations about designating an area for people that need a shelter, monitoring that for the bad characters and the power to get them out of there, and basically to make these areas secure for the homeless people. Is that what you are suggesting? Mr. Van Buskirk: Yes, I would consider a guideline for the homeless. Their criteria would be that they keep clean, they do not...I mean you cannot stop people from drinking and things of that sort, but doing drugs and littering around the tourists and people, I would suggest that if we had someone to monitor and evict people that are doing that and make sure that the park is clean. Council Chair Rapozo: I am thinking out-loud here, but what if the County had designated an area that was reasonable and really empowered the homeless people and have them adopt the park, monitor, clean, and self-police; is that something you think would work? Mr. Van Buskirk: That is a great suggestion if that would work. If you get people that are sober long enough, because people get to a point where they are depressed and because of the homelessness and everything else, they drink or COUNCIL MEETING 21 JULY 15, 2015 whatever. So, it is okay for a while, but you need to designate somebody that is always on top of it. Council Chair Rapozo: That is where the self-policing comes in, where you take pride in that area that has been designated and it also provides one (1) area where outreach services can be provided. Right now people are scattered all over the place. It is very difficult to get a handle. Can all the homeless people coexist in one (1) area without creating a problem? Mr. Van Buskirk: I believe that is possible. Council Chair Rapozo: Thank you. Next speaker. Mr. Bernabe: I would like to start by first saying that I am very proud of this County, ashamed of these other counties. The fact that they have gone so extreme to make no laws affecting their tourism, which is going to affect our tourism in the long run, is a shame. With our situation, the park, I am just curious who will absorb the liability if that rape occurs in that park? That is a serious question to me, for somebody who pays taxes, that will pay for that park. With these counties cracking down, I am nervous, and do not get me wrong, I do not mean this in a negative way. Do we want to create an attractive region for destitute or homeless people, whatever you want to call them, that migrates the O`ahu homeless over here, the ones who can afford a ticket? I go to Hanama`ulu Beach Park and Anahola Beach Park, I know the people in those parks and they do have kids that go to school with my daughters. I see the kids show up at the school, and they have to wash up in the bathrooms and their meals are at the school. I am heartbroken and I want to do something about this, but are we going to see a migration of families and then are we going to centralize them, and then their schooling will be messed up? We need a holistic solution and that solution is exporting agriculture. These folks can be day laborers, they can afford to make the ten dollars to thirty-five dollars ($10 - $35) to get where they need to go. We need to look at economics as part of this homeless issue for our homeless, so we are not creating a park that will not have the families from Hanama`ulu Beach Park, unless it is on the beach where they can do their thing. If you centralize this in Lihu`e, the amount of homeless affected island-wide is not going to happen. You are going to have an airport field park, that is what I feel personally. We need to go to the Mayor, tell him to create an economic plan that includes these agriculture corporations on our island and let us get some real economics here on Kaua`i, because once we do that, not only will these homeless people have some work and shelter, but the folks that are just making it, will be able to make it better. Ms. Cowden: I am also very pleased that this is coming before the Council because it is a profound challenge for our island. It is not an easy one. I do not know that there is a simple solution. It is a pretty big discussion. What I see, where I live in Kilauea, I am on the pathway, there are many people who actually are Vietnam veterans, a profound amount, who surprisingly have been without housing the whole time since I have lived in that particular house for fourteen (14) years. Where I see more of it is with the younger families and with my students. They all know people who are basically couch surfing, "the hidden homeless." I help in the food pantry in Kilauea as well, and we have an issue of shame. People who are struggling for both food and shelter do not surface. Many of whom are single mothers. During the time I was campaigning, I placed quite a bit on focus of going around, as well with my radio show, and what I saw was many people who have been chronically without housing are very intelligent, have all kinds of skills, COUNCIL MEETING 22 JULY 15, 2015 quite often some trauma in their life that has caused them to separate themselves from being able to participate in the economic system. I am not here saying that I have a quick solution. I have a whole lot of ideas, but I do think that a one-size fits all approach will really work for these people. These people are too shame to come out of the woodwork. They are camping in somebody's garage and have young children. It really matters that they are able to stay in their same school, in their area. Thank you for looking at it. Thank you for bringing it up. I am just acknowledging that it is a serious crisis and many people are from here. I have talked to somebody outside, thirty-seven (37) years born and raised here, thirty-seven (37) without housing, and he has some now. I have picked up hitchhikers in the past that have come over from O`ahu and they have a card in their hand that they have been given as their plane ticket was bought for them. These people were told to go to Anahola Beach Park, but their ticket was bought to get them off O`ahu to send them over here by, I am not sure if it was the City or the County, but that is a challenge when people simply ship issues that they do want to deal with in their own area to other places. Thank you. GLENN MICKENS: I realize that this issue is a serious problem. These people as Bruce called it "houseless," rather than homeless, need individual counseling to decide who or why they are in this predicament that they are in. I know that it is a huge problem and it is going to take money. You see where O`ahu did put up a tent city. The suggestion that Council Chair made sounded really good, and Bruce concurred with it, but we keep on talking about doing it and nothing gets done. I have only been living here twenty-six (26) years, but I know that this issue has been have since I came here. Certain things keep on getting suggested, but nothing happens. Over by the War Memorial Convention Hall, they have trailers there that they were going to use for homeless people, and that never happened. Some other suggestions have been made that they were going to do something to help these people, but it keeps on going by the wayside and nothing happens. One thing is not going to fit every one these people, because they all have individual problems whether it is drugs, alcohol, or whatever it happens to be. They have problems, but you cannot keep burying your head in the sand and saying it is going to go away because it is not going away. You see these people out here in the park, they took the tables away, and now they have the tables back so they can eat out there, but they have to use our restrooms, but no showers systems are there. They do need some serious help. I hope this problem can be seriously addressed for these people whatever it happens to take, and again, it is going to take money to be able to do it in a proper way. Thank you. KEN TAYLOR: I find it interesting. This is a very serious problem. Drugs in adolescents is a very serious problem, but in the last few years we have spent hundreds of hours in community meetings, I do not know how many thousands of dollars looking and talking about the drug rehabilitation facility, but to my knowledge there has been little to no time or effort being put forth to deal with the homeless situation. It is a difficult problem, not just here or Honolulu, but everywhere. As a society for some reason or another we decided to just push it aside and hope it would go away, it has not and it will not, and we need to deal with it. The time has come and I have said for a long time that we should find a five (5) acre spot, fence it off, and let these people —put some facilities in there for showering, laundry, cooking, so they can have a place to camp and take care of themselves. I think they would do a good job and I think they will police themselves and I think that they would become a much better part of society if we work with them and not just ignore them. I think it is important. It is an issue that we have to deal with and our judgement day will come sometime if we do not deal with the problem, so hopefully this is the beginning. I certainly hope that there will be a lot of time and effort put COUNCIL MEETING 23 JULY 15, 2015 into this activity and we move forward with a serious decision — not two (2) to three (3) years from now, but within this year. Let us set a goal, this year we get it done. We can do it. It takes a lot of time and effort from the Administration, but they have to bite the bullet. Thank you. DOUG SMITH: Actually this is not a problem only about homelessness. This is a problem of the lower echelon of society, the most vulnerable of people. We need a different system. During the `60s and `70s, we tried to get it, and it did not work at that time around. This time, we are going to make it work and you are either going to be a part of a solution, or you are going to keep it from happening. This category involves not only those without shelter, but those who are, through circumstances, forced to live in their vehicles. The low-income people, this whole classification of people, I think I would recommend a permanent task force by the Council to deal with this whole issue in a much larger-scale than is being done presently and just focusing in on one thing. There are a lot of ideas, but we do not have all of them. There are people with great ideas, and I am telling you the people that I have met, there is an untapped potential if we can develop programs to help people to want to free themselves from drugs, alcohol, emotional problems, or whatever, that will help them to reach that potential. There is fantastic ability in this group of people, but they are discouraged, disillusioned, like most of the people here, in the mainland, and in the world. We have got to realize as human beings that it is time for us to come together and not allow controlling interests to influence our decisions and choices. Those of you who are elected officials have a particular responsibility to be a part of that. I want to see this Council be in the forefront of this whole movement towards a human-friendly system replacing the existing system. I have a lot more to say, but you have heard from me in the past and you will hear more of it in the future. Council Chair Rapozo: You will have another opportunity to speak after everyone is done. We have a question for you. Councilmember Kagawa: I am going to ask the same question as I asked Bruce. How long have you been living on Kaua`i? Mr. Smith: I have not quite reached the magical six (6) month period where the island accepts you or not, it has been a little over five (5) months. Councilmember Kagawa: What brought you to Kaua`i? Mr. Smith: You might end up with some tears here, because for the first time in over seventy-two (72) years, due to circumstances beyond my control, I was forced into this situation where I had to live in my vehicle. I was planning on doing it in Santa Cruz, but I believe the Lord just said, "No, you have to come here." I want the comforts of home like I have experienced in the past. Along with me, when we met with the Council Chair to get on the agenda, was a native and he has been homeless for over ten (10) years. I really want to see people with those types of experiences come in. I am one (1) person trying to start a movement. It is in its early stages. Councilmember Kagawa: Do you have a regular spot where you stay? COUNCIL MEETING 24 JULY 15, 2015 Mr. Smith: The only place, by the way, this needs to get into non-profits like KEO (Kaua`i Economic Opportunity), and the other agencies too, because... Councilmember Kagawa: I guess I wanted to know the numbers. Mr. Smith: The only place where I found to be safe from being hassled by park rangers, police, or security, is at the KEO parking, outside their shelter. Councilmember Kagawa: Do you have a number of how many people are in that area? Mr. Smith: You know what, they are invisible. So much of it is invisible. Councilmember Kagawa: In order to do something, we need to know the numbers. Mr. Smith: Part of the task of a task force would be to find that out. Councilmember Kagawa: Okay. Mr. Smith: What are the numbers we are talking about? How do you prevent other places from paying plane tickets in order to come here? Councilmember Kagawa: Thank you. Council Chair Rapozo: Some of the reasons why this is on the agenda is, obviously to hear from all of you, but the recent report that the State did on homelessness showed that Kaua`i was the only County that went down, which is obviously not true. I think the question Councilmember Kagawa was trying to ask was for you to give some kind of ballpark — is it a hundred (100), two hundred (200), or three hundred (300)? Mr. Smith: Around Kaua`i... Council Chair Rapozo: Yes, but he is trying to figure out the numbers in your area. Mr. Smith: I would guess the numbers I have come across have got to be at least a hundred (100). Council Chair Rapozo: Okay. Thank you. Next speaker. JOHN STEEL: I have been in Hawai`i three (3) years now. I have moved here from Alaska with my Eskimo girlfriend, got married at Waimanalo Beach Park, and our plans were to get employment, a place to live, and have a normal life. One month later, she was in a tragic car accident and was killed. After that point, I literally struggled. It is hard for me to focus or do anything, but I stare out at the water, pushed a cart around, and put some cans in it. After a while it was difficult for me to stay in O`ahu because I kept going by the spot of the road where she died. I left the island and went to Maui. I stayed in Maui for about a year. Maui is really COUNCIL MEETING 25 JULY 15, 2015 nice if you are rich and white, but I am not rich. They have a big problem there where the homeless people would be sitting down, and they move them —it is not easy to be homeless there. That was not my plan. They do have some programs there where you can get some housing, have a little time to get a job, and get you on your way, but Maui just did not work for me. I was looking at the internet and tourist books and seeing how beautiful this island was. There was a certain attitude that people had on Maui that I was not happy with. People on Maui had a really bad attitude, in my opinion, the ones I dealt with. I came here and thought the people seemed really friendly and it is a beautiful island. When you picture in your head what you think Hawai`i would look like, this is what I pictured. It has a lot of different varieties of scenic spots. I have been from the west side to the north shore and I see homeless people everywhere, groups of them. They all stay at different places. One thing that disappoints me is when I see them sleeping on the sidewalk in front of businesses or whatever, around where the tourists are, it does not look good. I am hearing some good suggestions today about maybe an area or a couple of them that the homeless can go to. I think that would be financially the easiest thing to do right now instead of building big shelters and spending millions of dollars. It would be something that they could do relatively quickly and with less cost. I want to get a job, and a place to live. I want to get back to a normal life. I am even checking into work trade, going over to work on a farm, whatever can get me off sleeping off a piece of cardboard in front of some building. That is what my goal is. I do have some mental issues. I am dealing with a case manager and seeing Dr. McKenna. I jumped on it right when I got here to get help with housing, but it is very limited. Council Chair Rapozo: Mr. Steel, that is your first three (3) minutes, I am not sure if you have more, but you can come back again for a second time. We have some questions for you. We really appreciate you sharing your story, and I am really sorry about your tragedy. Councilmember Yukimura: Thank you for being here. How long have you been on Kaua`i? Mr. Steel: Just over a month now. Councilmember Yukimura: I see. Mr. Steel: Right when I got here I tried to get everything going and signed up for whatever I could do, and I see Mr. McKenna for an assessment on Friday. I have mental issues and I started drinking a lot after her death. Being homeless and drinking — it is kind of hard to transition in to, "I am going to get a job and be ready for work every day..." It is difficult. Councilmember Yukimura: Right. It will take a transition. Have you used the KEO shelter? Mr. Steel: There was a situation on Maui when I was sleeping and someone came up to me, I was not on private property, they put their hands on me and then they started talking bad to me, and we got into a fight. I ended up going to jail over it and receiving a charge for assault. I wanted to take it to court and fight it, but they told me that, "No, you are going to have to move this out of District Court and put it in Circuit Court," and I am not going to risk that. I took that charge and then KEO tells me, "We cannot help until you go into an anger management class." I was thinking that this was not a domestic squabble, but alright. I am signed up for the 21st and I am going to take the anger management COUNCIL MEETING 26 JULY 15, 2015 classes, because that is what I have to do to get the help. There are hoops I am having to jump through, and I am not expecting it to be overnight, but that is the situation I am in. You are sleeping and someone comes...it is not safe to sleep all the time. You do not know who is out there and messing with you. So yes, some place safe to be at night would be nice. I am going to take the classes and be more involved. Councilmember Yukimura: Thank you for your honest testimony. I think it helps us to know the realities that you have to face when you are homeless. Thank you. Council Chair Rapozo: Hold on, Mr. Steel. Councilmember Kagawa: John, thank you for your testimony. You are opening up a lot of eyes today by being honest and sharing your stories. I thank you for that. If I can go back to three (3) years ago, I do not want to bring back pain, but when you moved with your wife to Waimanalo, did you have family or did she have family there? What was the reason for the move? Was there a job opportunity? Mr. Steel: I was in Alaska for eight (8) years, and the seventh (7th) year I was there, it was winter time, and the farther north you are, the darker it gets, and it got to me. I was on a commercial construction job and we did not get to build out, so when winter came I had enough money to get out of there. She was my girlfriend at the time, and we decided that Hawai`i would be a nice place to live and it is beautiful here. I love Alaska and I love Hawai`i. I just want to be able to get a job, an apartment, a normal life again, but it is a little difficult to get it going. Councilmember Kagawa: So the plan was to work in the construction industry on O`ahu when you folks first moved here? That was the plan. Mr. Steel: Yes, I can do all kinds of work. I was a commercial fisherman, but basically all the boats they have there, they go all the way to the Marshall Islands and are gone for two (2) months at a time. They do not have live-bait boats, or shrimp boats. So yes, construction, or even working in hospitality, I have experience with cooking, so I can find a job, it is just a little difficult to make this transition from the street to apartment to work. It is not easy. Councilmember Kagawa: I understand. Thank you, John. Council Chair Rapozo: Thank you. Next speaker. Ms. Fountain-Tanigawa: The last registered speaker is Leland Pappert. Council Chair Rapozo: Leland, did he ever come back? (Mr. Leland Pappert was not present to testify.) Council Chair Rapozo: Is there anyone that has not spoken that wants to speak on this issue? Does anyone want to speak a second time? Bruce. Mr. Van Buskirk: Hello. I just wanted to mention the fact that I do not know the threat that the homeless are to those who are local or anything else like that, but there is a lot of racism. I think there is a lot of fear over the racism. I have been threatened here, because obviously I am white, and there is a lot of fear COUNCIL MEETING 27 JULY 15, 2015 for the local people, for their children and I can understand that. I agree with that. I just wanted to state that as to the problem that a lot of the homeless have that are not of the islands here. I consider myself a resident because I have been here for over twenty (20) years, not here, but O`ahu. I would like to mention that I would like a system to be created for people that are homeless here to have some way to get identification (ID), because obviously if you do not have an address, you cannot get an ID. I have heard now and I am not quite sure if you know that it is illegal for a person not to have a Hawai`i ID. I do not have an ID because I was a missionary in the Philippines and it got destroyed and when I came back I had to go through the whole process of understanding the requirements for an ID. From what I understand, if you are going to be a resident and you are permanent, you have to have some kind of identification that proves that you live here. Am I right? I do not know. Most homeless people do not have an ID, because you have to have a residence in order for that to happen. That is it for me. Thank you. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: When you spoke about racism I understood, when you said, "I have been threatened because I am white," but you also said, "I understand there is lots of fear," and something about locals and children. Can you explain that? Mr. Van Buskirk: Yes. The guy who was up here earlier said that he was in fear for his children because of the homeless. Just the other day, I was outside this building, and there was a guy who nearly attacked me because...obviously he called me "white"... "haole," and he wanted to hit me with something, and that is not the first time. When I am talking about the children, there might have been some experiences in the past and I have been on O`ahu and here, so I know that local people have their address, homes, schools, and things like that, and somehow they are afraid that the homeless people will attack their children or something. Councilmember Yukimura: I see. Thank you. Council Chair Rapozo: Thank you. Does anyone else want to speak for a second time? Ms. Fountain-Tanigawa: Council Chair, we have two (2) new registered speakers. The first speaker is Napuanani McKeague, followed by Melory Mande. NAPUANANI MCKEAGUE: I am with an organization called, "Voices of Kaua`i." We represent a portion of the community out there that is homeless. We do not only represent those people, we represent other people as well, but our biggest thing in the last couple of years has been to represent the homeless. I heard the topic of fear. The fear does not just lie from the people that are out there, the fear lies from the government entities that have the power, and the right to make decisions for all of us. There is a lack of compassion, a lack of understanding, and one of the things that gets lost for the people who are out there that are homeless, is their identity. Who they are. Where they came from. Nobody wakes up one day and says, "I want to be homeless." Nobody wakes up and says, "One day, I am going to be a drug-dealer." Of course those elements are out there and those are elements that we have to fear as well. Our job is to try to be the mediator between the people who have to live out there and the County. We live out there as well. We have been out there for almost three (3) years now. We do have other choices that you know...I am a veteran, I have COUNCIL MEETING 28 JULY 15, 2015 housing and other opportunities available to me, but I choose to be out there. One of the reasons I choose to be out there is because it presents the people who are out here and have true needs. In this recession in the last few years and it was very interesting to me is that I have had a nurse, doctor, several social workers, they all get up and go to work. They are the ones who love their jobs and understand the human beings, the people that have basic needs and knows what is not being met out there. We have County entities that come and take care of the parks, some areas...if the goal is to not want these people in that element, by not providing toilet paper, cleaning the facilities, you are not just affecting this community, you are affecting your community as a whole by not doing that. All the beach parks are visited by homeless, visitors, locals, and our community — so we are affecting the whole community here. When the police comes in at awful hours at 2 o'clock in the morning, which I have been a part of...2 o'clock in the morning I am sound asleep...I understand you cannot park here or there, you do not want us here or there —where do you want us? The shelter is not able to hold the capacity. When I see them lining up at the shelter...I guess that is it. Council Chair Rapozo: Thank you so much for recognizing the light. We have a question. And you can come back for a second time. Councilmember Kagawa: Thank you for your testimony. I have been a stickler for toilet paper at the beach parks; so what beach park is there no toilet paper at times? Ms. McKeague: Every beach park that we go to, I mean we go wherever the work is. It can be Anahola, Niumalu, Hanama'ulu. The most needed day, if any day of the week is Friday, on the weekends, because you do not have the same cleaning crew. I guess they have what you call a "rover." If there is no toilet paper on Friday, chances are there is not going toilet paper over the weekend, and we have visitors that come, locals that come, and of course our community that visits the restrooms. Councilmember Kagawa: Napua, one of the reasons that they say there is no toilet paper is that they put two (2) extra rolls, and they say that people take the rolls and use it for napkins. Do you think that is true? Ms. McKeague: I do believe there is a small element of truth to that. I also know too that I see more of the half rolls or the three-quarter rolls or that kind of thing, and if they are taking them...we try to encourage people...if they are wrapped, do not take them, but if they are unwrapped, by all means, because they are either going to end up on the floor or in the rubbish anyway. So, if you need it, take it. Councilmember Kagawa: Do you think we need to check toilet paper more often on those busy days? Would that be a possible solution? Ms. McKeague: I think it is not just the toilet paper that needs to be corrected or checked regularly. It is in general. When I go in...I know that these folks have cleaning supplies that are provided to them. When they come in, all they do is shoot it down with water, and then they leave. I know that recently in doing some of our research, some of these folks are supposed to be at the parks for forty-five (45) minutes, doing whatever it is they do; empty rubbish, clean, et cetera. We have pictures and videos that we take and whatnot and ten (10) to fifteen (15) minutes and they are either gone or doing whatever they are doing at their county vehicle, which COUNCIL MEETING 29 JULY 15, 2015 is not...do you understand what I am saying? It is not just...we try to represent your concerns as well as these folks concerns. As a whole, it is a community issue and problem. Councilmember Kagawa: Let me tell you, I certainly will be following up on this because one of the problems that occurs when there is no toilet paper is people use shirt sleeves, socks, and that is what ends up plugging up the toilet. Basically, no matter what it takes, if people are using it for napkins or what have you, we still have to make sure that there is toilet paper, because otherwise what happens is the toilet gets plugged and then the toilet becomes unusable. Ms. McKeague: The toilets are weak, so when people flush one (1) time, they walk out, and they do not realize that they are not done flushing. Councilmember Kagawa: Thank you. I can see the picture. Council Chair Rapozo: Thank you. Councilmember Kagawa is our Public Works / Parks & Recreation Committee Chairman and the Parks Department has no clue what happens to the toilet paper, because nobody is there to check. Two (2) to three (3) rolls is not sufficient for a weekend anyway. You are right, and I am going to ask that Councilmember Kagawa follow-up on that, because last week we had an incident out in Hanalei, where somebody posted on Facebook and they took pictures and I sent over a request over to the Administration, and they said, now we will start services on the weekend. That tells me that they never had services on the weekends prior. How can you not? Ms. McKeague: They are supposed to have a rover. Council Chair Rapozo: And again, that is something that Councilmember Kagawa and this body can follow-up on because that is a basic necessity and either pay forty-eight cents ($0.48) for a roll of toilet paper, or three hundred dollars ($300) to unplug a toilet — you make the choice. What is the smart thing to do? Councilmember Chock: Thank you, Napua for coming. I have been talking to you about some of your experiences. I like what you are moving towards and saying here too, "We can help too." I think that is really key in terms of what we are trying to get done, from a County's perspective. You folks are there. The workers are there for fifteen (15) minutes, but you folks are there all day, and there is some ownership that could be accepted there. My hope is that there are some solutions that could be coordinated or collaborated on that might empower you folks to participate in taking care of the area as well. Ms. McKeague: We are here as Voices of Kaua`i and someone who works for Voices of Kaua`i. We want to represent the community, not just specifically one group of people, but we want to be able to represent the concerns of the County and the KPD (Kaua`i Police Department). We have offered and have worked with in the past, during beach closures and those types of things, in facilitating those in the most peaceful way possible. Of course, we will be willing to. We have our own little crews out there too, it is a community within a community. There are rules and guidelines that have to be followed in certain areas as well, and not just the community laws and rules. It is a whole other element and guideline. Sometimes people move around a lot because they cannot follow the guidelines. Wherever you go, there is always going to be an element that is distasteful whether COUNCIL MEETING 30 JULY 15, 2015 it is a drug element, violence element, it is always going to be there—what is forgotten is that everybody who is out there is not part of that element, and we do not want to lumped into that. Even if they are in that element, there is something to that element. It is not something they decided and picked up. It is something that became an acquired habit. It takes twenty-two (22) times of doing something to become a habit. If you have camped twenty-two (22) times in one (1) area and that is the element that becomes you and is a part of you, then you become a part of the element as well. We do become a product of our environment. Councilmember Kuali`i: Napuanani, I just wanted to say mahalo nui loa for the work that you and your organization, Voices of Kaua`i, does for our homeless or houseless folks. I was fortunate enough to join you in a couple of meetings a while back, including a meeting with the Mayor. I just wanted to let you know if this Council moves forward with any kind of homelessness task force, I will make sure that your organization is represented in that. Ms. McKeague: Thank you very much. Councilmember Kuali`i: We will work together with your organization. Ms. McKeague: Thank you. Councilmember Yukimura: Thank you, Napua, for your testimony and for your work. How long have you been doing this work as Voices of Kaua`i? Ms. McKeague: Voices of Kaua`i began in 2006 after a second time of myself being homeless, and working with...because I am a veteran, the VA at one point in time received a considerable amount of money, they needed to find the veterans and because I was out there, it gave me more motivation, but it is something in the beginning that also catered to, which is the part that is really difficult, our kupuna, our local people, there is an element from a cultural aspect, when the answer is no, the answer is no. There are our local people, our kupuna especially that go without and it is not necessary, so that is how it got started and how long it has been... It is very small —word of mouth only. Council Chair Rapozo: Not after today. Councilmember Yukimura: I am sure you have a really valuable and knowledgeable perspective; what do you see as a vision for ending homelessness or those who are houseless. Ms. McKeague: The reality of that is that I do not think it will end. Different times, different strokes for different folks, different needs —we do not know what is going to happen on a day-to-day basis. The recession actually brought that different perspective and thought to my mind, because there were people out there that I used to live with, they did not think they were going to be out there, and now they are. Councilmember Yukimura: Okay, so if you think there will always be homelessness, are there ways you can see that we as government can create to provide the kind of security or basic necessities in a way that is more compassionate and functional? COUNCIL MEETING 31 JULY 15, 2015 Ms. McKeague: Yes, I do. I have a couple of projects that I have on the fire, just waiting for the right opportunity to bring them forth, but a place where not just these people can come, but the service providers of the community. One of the things that we have noticed is that there is always a complaint. Different entities have what they call their outreach program, and the reason some of those programs do not work is because they do not have the time in the field that we do. That is where the personal and person, and not a number, or a group that gets lost. So that is kind of where "we" are the middle person. If an agency is looking for somebody, we might know who they are. If there is an issue with the agency and that person, we might be able to give that agency a way to handle that person. It is a one- shot deal. Our idea is to create something. We have paperwork and guidelines on how we want to start it and it is a place where the community can come and get to know the people and provide the services. If the outreach workers cannot find somebody, then the outreach work is not done. If the outreach work is not done, then maybe they lose that portion of the grant and the money goes to something else. Councilmember Yukimura: Recently in the newspaper there was a story about a laundromat service being available to homeless, and I imagine that is a very helpful service. Ms. McKeague: We have not been able to utilize that yet, but we are checking it out. It was also one of the ideas of wanting to...hygiene has always been an issue, and so one of the ideas we had, is to get the laundry facilities to open one (1) or two (2) days a week. We have seven (7) facilities on the island, there are seven (7) days in a week, we would be willing to help out and place people in certain areas during certain times. We have to keep it to where the whole thing is if you do not have enough to dry your clothes, that is where the laundry facility helps and people can finish drying their clothes because they put them away wet—we still have an issue with hygiene. We have not been able to utilize what is in place right now. I think they just started this in the last month or so. Councilmember Yukimura: Yes, it just started. Ms. McKeague: I am curious to see how they got started and see how that works and services our community, because if we can expand on that, then that would be...because we do have food closets and the food closets are very...people are starting to find out about the federal...which happens every Wednesday, we try to pass that word around as well. It is mostly knowledge and education, and not just certain elements. All elements of the community — it has to be a community-wide desire and project to take care of, because we are all still a part of the community without name, title, and ownership, we are still people. Councilmember Hooser: Thank you very much for being here today, and clearly you bring a lot to the table in terms of resources and understanding a lot more than most of us in terms of the community and the issues. Voices of the community; that is the organization's name? Ms. McKeague: It is Voices of Kaua`i. Councilmember Hooser: Do you work around the entire County? Ms. McKeague: We go wherever we are called. We have people within the community who have jobs and issues; landlords, that kind of thing, our organization has light legal experience, that kind of thing. Our clients are also our COUNCIL MEETING 32 JULY 15, 2015 staff when it comes to certain issues because they are the ones that know, they live it, and understand it. Councilmember Hooser: Do you work with the County or KEO or others? Ms. McKeague: However we can. Councilmember Hooser: Is there a formal relationship? Ms. McKeague: From KEO's perspective, I know one (1) of their outreach workers. She has worked with me. We now work together in trying to help and find people, that kind of thing, or maybe she has seen somebody and I have not — that kind of thing. As far as the County and KPD, we have. I have offered — leave me your cleaning supplies, if you do not want to clean the ladies room, because it is mostly staffed by men, we will clean it while we are here. Whatever it takes for us to help. KPD and their appearance just because of who they are, can instill or incite, so we try to...sometimes it is just our mere presence for one side that helps to keep things... Councilmember Hooser: Do you have need for help in terms of people who want to volunteer or want to work on this issue or want to support the organization in other ways? Ms. McKeague: We work in an "old school" style and work by trade. If you have something I need, and you have something I need — so if people want to donate, we will take it. We like food and clothes, because those are our biggest needs; medical supplies, those types of things. Occasionally we do get some cash, but it is easier not to have the cash, then you do not have to... Councilmember Hooser: I understand. Ms. McKeague: Whatever comes in, goes out. We keep very little. Councilmember Hooser: And if somebody did have food, resources, or wanted to help, how would they contact you? Ms. McKeague: We are still working on that. It is just wherever we go and run into people. We do feed every Thursday from 9:00 a.m. to 1:00 p.m. at Hanama'ulu Beach Park. Councilmember Hooser: 9:00 a.m. to 1:00 p.m. on Thursday. Ms. McKeague: So that is a place to start. Councilmember Hooser: Okay. Thank you so much. Council Chair Rapozo: Out of all the numbers that you have come in contact with, we heard Mr. Steel's story and his efforts to...he is seeking out assistance with Dr. McKenna and he has acknowledged that he has some issues that he wants to deal with, because he wants to get back into the regular community. What percentage of homeless people out there in your estimation are like Mr. Steel that are willing to do what it takes to turn their lives around and get back on their COUNCIL MEETING 33 JULY 15, 2015 feet? I am hearing a lot of stories and I know the drug abuse and alcoholism is prevalent and I understand a lot of that is driven by something that has occurred in somebody's life and that is the world we live in. I do not believe that the County should subsidize drug-dealers and alcoholics that have no desire to improve themselves. So what percentage in your estimation of the people that you come in contact with, are like Mr. Steel, where "I will do what it takes, you tell me that I have to go to counseling, I will do what it takes to get back on my feet." What is the percentage? Ms. McKeague: I would say about half. It just depends upon where we are at and the type of people. In one (1) area we may service a more older crowd and by older I mean thirty (30) and above. In another area we may service twenty-five (25) and below, it depends on the area in which we are at, but in each area, I would say about half. Council Chair Rapozo: Well that is good to know. Councilmember Chock: Napua, the question was asked, how do we get in touch with you, and I have your E-mail address and your phone number. Is that okay to share in terms of guiding resources in your direction, or even clients? Ms. McKeague: Yes. Councilmember Chock: Okay. Thank you. Councilmember Yukimura: How many of the homeless are children or minors, in your estimation. Ms. McKeague: Right now under the age of eighteen (18) all together, we probably service about twenty (20) families with children...that we actually have regular interaction with. By under the age of eighteen (18), I am talking about under high school age as well. Councilmember Yukimura: And that is in your circle... Ms. McKeague: Yes, in our circle and we service from Salt Pond all the way to Anahola, but we have very specific, in those particular areas, families as well. We also have a wave of young women out here that are pregnant. Council Chair Rapozo: That are pregnant. Ms. McKeague: We have single women in one (1) particular area, we leave and then we come back, we have three (3) pregnant women that are due any minute with no place to go. Councilmember Yukimura: Thank you. Council Chair Rapozo: I asked this question earlier, how many homeless people do you believe there are in your area? Ms. McKeague: In our circle and what we service, my numbers have increased. I am up to about a hundred (100) that I regularly serve. We have certain policies that some have to check in with us on a weekly basis. COUNCIL MEETING 34 JULY 15, 2015 Council Chair Rapozo: So obviously, it is more than a hundred (100) island-wide. Ms. McKeague: Yes. Council Chair Rapozo: Thank you. Next person. MELORY A. MANDE: I work with Napuanani and part of the bathroom thing is maybe they could put a bucket for the feminine items that you do not want them to throw in the toilet, because who wants to walk out with their feminine items ten (10) steps to the rubbish can. I do, but some people do not. That might help. A bucket for the sanitary napkins in the women's bathroom, so they do not flush them. A lot of it is where the shoreline is. The island is sinking as well, too, so you need to picture where these bathrooms are and they were built a long time ago. Nawiliwili is one of them — if the tide rises, it will be hard to flush. That is something to look at. We try to be the link between the people and the County workers. What you folks want of the people, and what people may need from you folks —that is what we try to be out there. It is amazing what you find out there, and what a different person you can be. Again, we have to get back to the people being people —human. When you are out there you lose your identity, as she said, and it is harder to get in. People just look at you and think, "homeless," and there is this question of being a drug addict or whatever. That is the hardest part. Other than that we just try to help the community on each side. I would suggest that you put a ring that holds the toilet paper, so nobody takes the toilet paper. There are always ways of working out something to where you can make it in a way that they will not take the toilet paper. But again, there are more issues than the toilet paper. If a place is a ruckus at 12 midnight, loud music, or people arguing, I can see police will come in and whatnot, but...okay, yes, we are not supposed to be sleeping here or whatever, but 2:00 a.m. in the morning, two (2) women, a family with children — you are going to wake them up and tell them to go? That is the hard part. Two (2) policemen did that. What if it was your mom or your wife there? Would you do that same thing? Council Chair Rapozo: I have to stop you there, your first three (3) minutes are up and I do want to thank you for your testimony. In dealing with the homeless community, what is the biggest challenge? It is funny that people with homes steal toilet paper too. There are more drug-dealers out there with homes, than those without. The only difference between the homeless community and the community is that the homeless have no place to go. Same kind of people on both sides. The toilet paper issue, right, we have to make it so that nobody can steal it. Not just the homeless, because everybody steals toilet paper. What is the biggest challenge? You mentioned that horrific story at Po`ipu or Salt Pond, that 2:00 a.m. somebody came and kicked everyone out. What is the biggest challenge for the homeless community? Ms. Mande: Not having a place to live, not being able to afford a place to live. Council Chair Rapozo: Right, so if the County could do one (1) thing, what would you suggest? Ms. Mande: If we had a piece of property, we can have a house. Council Chair Rapozo: So shelter, is the biggest... COUNCIL MEETING 35 JULY 15, 2015 Ms. Mande: Yes, or even just a piece of land where people bring their tents and we can segregate families. Napuanani actually has a good plan on how that might work and the rules for that plan. If people make a mistake, there are consequences, for example, maybe you cannot come for one (1) week or a month, but never a lifetime like some agencies enforce. Council Chair Rapozo: Voices of Kaua`i is an agency that would be willing to facilitate that or oversee that kind of project? Ms. Mande: If somebody would give us something like that, yes. Council Chair Rapozo: Thank you very much. Ms. Mande: And the people would run it because there are teachers, electricians, et cetera, and we could be our own little community. Council Chair Rapozo: Further questions? Does anyone want to speak for the first time? Mr. Taylor: There are couple things that have not been talked about and one is even if you get some of these folks back to work, they cannot afford a house. Our minimum wage need to be raised. We heard recently about affordable housing, we need more affordable housing, and I just read an article that looked at one hundred (100) of the biggest metropolitan areas in the country and metropolitan areas get big because they build and build and build. They have all kinds of housing facilities, but in this report that was done, they indicated in the top one hundred (100) metropolitan areas of the country, only sixty percent (60%) of the middle-class could afford housing. Sixty percent (60%) of the middle-class could afford housing in the larger one hundred (100) metropolitan areas of the country. That is a serious problem. How do you deal with it? I am not quite sure, but there are a lot of working people that are living in their vehicles, because they cannot afford a home. One of the things that I think needs to be done and this is something that the country could work on, is for people that are living in their vehicles, make arrangements with churches that have large parking lots, or shopping centers, and other areas that have large parking lots where you assign "X" number of people to each of those lots and have a porta-potty in there, and maybe a timeframe where you cannot come in before six o'clock in the evening and you have to be out by 8:00 — 8:30 in the morning. Those are simple solutions that could be addressed very quickly and get people off the street and not being harassed by the police and so forth. There are ways of dealing with some of this. We just have to think outside the box and move forward. Thank you. Mr. Bernabe: I have two (2) things that I would like to share. One is an answer for a question that I heard earlier and the other is a suggestion. The first one is, I am all over this island and I am really akamai, I observe everything from the folks camping in the hau bush right behind the old Eggberts, by the old Lihu`e Plantation, and now I realize that is why they are there, for the KEO, I did not think about that. This is addressing Council Chair Rapozo in trying to figure out the numbers and the 2:00 a.m. raid in Hanapepe. The 2:00 a.m. raid in Hanapepe just so conveniently was the night before Mileka Lincoln came and did her special. I do not know if you folks correlated that. COUNCIL MEETING 36 JULY 15, 2015 Council Chair Rapozo: Who? Mr. Bernabe: Mileka Lincoln from Channel 9 who did the homeless special that you referred to earlier, it was the very next day. I think that might be in preparation for her coming down, I do not know, that is speculation. I am just saying the timeline is suspicious. One of the reasons the numbers are hard to identify is because Kaua`i folks have aloha, even the folks who move here and assimilate, absorb our spirit of aloha. As Felicia mentioned earlier, I know that she personally knows a bigger population of homeless that is not on the radar, which we are not discussing except for a few of us talking about the economic problem from the recession, that are on the verge of either keeping on with the trend that they are, on or experiencing one more "bad luck" situation and they will be where these people are. There are a lot of those, and those people are going from house to house, family to family, extended family — some of them love their extended families, but some of them are there because they have to be. I personally know kids that live with grandparents because the parents have to live somewhere else. There are all kinds of homelessness on this island. Some people just keep on going. We have the aloha spirit, so we have extended families. Those extended families are why the numbers are hard to identify because they do not know who exactly is really homeless. Then, you have the other demographic who move here and realize it is expensive, but they still want to stay here, they do not want to go back. My mom works in Kapa'a and she sees this constantly. Those who come and stay or those who do not stay, that cannot make it, and they have to go home. We have both types. I call them the transient homeless, where they just go wherever they go and live that kind of lifestyle. Do not forget that. Those people are on our island. When you folks are making your decisions, I have a holistic plan that incorporates all of the generational homeless that are from here, homegrown, while incorporating the rest of them. Until we address the economics of Kaua`i, I do not see us getting our thumb on this issue. We need an economic plan that is involved with the homeless plan. Council Chair Rapozo: Thank you. Anyone else wishing to testify on this matter? Ms. McKeague: I did want to say that I agree with one of the issues. One of the issues is that the numbers may not be accurate, in speaking to a couple of the outreach workers, it just seems that the timing of some of the sweeps and moving people — their numbers are off partly because of the sweeps. You get rid of the people, you get rid of the problem, when people come to take the count, nobody is there. Whether or not that is true, as someone that is out there, that is how it feels. Your numbers are inaccurate because when the people are out there to get the numbers, the night before or a couple days before, in one of the areas we have been in, nobody is there anymore. One of my outreach workers asked, "Where did everybody go?" In speaking to other outreach workers, that is how they feel too. The gentleman before me was correct in saying that a lot of these folks are transient, they come here and think they are going to make it, get the job, something happens, and they get lost. In my situation for example, we have one child in the mainland, one in O`ahu, and one here. It is easier and safer for them, and here we are. It just depends. The numbers will never be accurate. There has been such a shame and embarrassment. I tell my kids all the time, "Why should I be embarrassed, the work that I do is honest." We live a guilt by an association life. If you are homeless, that is the title that you are going to get. You are going to be a drug-dealer, you are going to be a this, a worthless whatever — I am sorry, I am a veteran. I served my country. I worked hard for what I do and I work by trade. That is all I want to say. 6^ _ COUNCIL MEETING 37 JULY 15, 2015 Council Chair Rapozo: Thank you. Anyone else? Mr. Smith: I would like you all to personally experience this way of life. It is the only way you are going to understand it fully. I feel for the middle-class that has to work two (2) jobs to support their lifestyle, but it is just different. There is something different about it. I am not quite sure what it is. I have not put it together, but it is like "you do not belong here on earth." Do you understand what I mean? There is something different about it. Go experience it and maybe you will catch it too, do it for a week or two. I challenge everybody to do that. It gives you a taste of being on that undercurrent of society and we are human beings with value. We need a system to bring that value out. I am so thankful for the Voices of Kaua`i. I have never been in touch with them and I definitely will be, because we need a concerted effort and please, establish a task force that will come up with immediate things that can get taken care of, and then long-term. There are a bunch of things, for example, people not having a residential address keeps them from things. I met a guy that came out of prison a week ago, he was given twenty-five dollars ($25), not even a bus pass, and he was accepted to transitional housing after spending ten (10) years being institutionalized? There are all of these individual situations that need to be addressed and this will not take care of it all. There needs to be something ongoing which will start small and grow until the international court determines that Hawai`i is a sovereign kingdom. Council Chair Rapozo: Thank you. Anyone else? Ms. Mande: I just want to reiterate on what the gentleman said. We would like to challenge you folks to experience a week out there as a homeless person. One other solution is end the time limit of the open parks, extend camping permits for longer than sixty (60) days. Sometimes it is because they have to get out of the park that is causing all of this...at least if you get them in the park, you get them all in the same place. If you have to drive through and make sure everybody is fine, whatever, then that is what they do. That is their job. Extending the hours, or not closing beach parks, that you can camp at...We would like to get Hanama`ulu Beach Park back as a camping place as well. And then extend the camping permits more than sixty (60) days. Council Chair Rapozo: Thank you. Anyone else? Mr. Steel: Since this period of time I have been homeless, I have thought of different ideas that could help and since being in this meeting, I am hearing them from the Chairman. I agree with a lot of what you brought up. I think they are great points. Maybe we could have a place where they could govern and take care of themselves and clean up the parks. It costs a lot of money to send those trucks out to the parks and do all of the work that they do. They could probably save some money, if we clean up our own mess and do those kinds of things. Something maybe temporary, that people could transition through, because I know I am not going to get into this group home tomorrow, because I have been on this waiting list for months. I do not have anywhere I can feel safe, sleep, or go to the bathroom at 2:00 a.m., if I had to...that will interrupt my sleep schedule and the thinking of going to work or when I have a job. I was thinking even by the Stadium, there is some area out there, I do not know whose property that is, but that would be a spot. It does not have to be a beach park. I am not expecting to come right in and be accepted right in the housing situation, and that is the reality of it. I am in a situation right now that is going to take some work to get out of it. There are a percentage of people that is going to stay stuck and they do not want to transition to COUNCIL MEETING 38 JULY 15, 2015 that kind of life. There are different elements that are out there and should be addressed differently for different people. I am glad that I came to this meeting, because I heard a lot of good ideas and some have been running through my head for the last couple of years now. I am tired of sleeping on cardboard, on concrete, and my backpack for a pillow because I am scared someone will steal it. I just want to get out of this lifestyle. I pray every day that it will happen soon. Council Chair Rapozo: Thank you very much. I am glad that you came to today's meeting as well. That was the idea of this meeting, was to start the dialogue. Anyone else wishing to testify, if not, let me call up the Administration. Councilmember Kagawa: I have a process question. I realize that we have twenty (20) minutes more until lunch. I do not anticipate hammering out solutions in this time. I do not know if the plan is to refer this matter to a committee, for instance, the Housing & Transportation Committee, or Public Safety Committee, whatever committee we feel is appropriate; Public Works / Parks & Recreation Committee. I certainly want to have a deeper discussion, but I think the Administration has heard these various people talk and I do not foresee us hammering out a solution at this point. I do not know the purpose... Council Chair Rapozo: The point today was really to start the dialogue. I really wanted to hear from the people that are living that life — it is different when you hear it, you can feel it, and it is an emotional issue. I wanted to know from the Administration if there are any plans in the future and if not, we will start with the planning. Whether it is a task force, joint task force between the Administration and the Council, I think that is probably the most appropriate thing. I do want to end the discussion by 12:30 p.m., so we do not go beyond that. Whether we refer it to a Committee Meeting at this point, or discuss the possibilities of having a task force put together and let the task force work. I think Voices of Kaua`i, as Councilmember Kuali`i stated, should be part of that, obviously members of the homeless community should be a part of that task force. Today is really a "get together" and to figure out what are we going to do about this. Councilmember Kagawa: I would like to request of the Chair that before we break for lunch, we give consideration to Proposed Draft Bill (No. 2459) relating to the Special Standards for Issuance of Farm Worker Housing Use Permits, and let David speak. He has signed up and hopefully we can do that before the break, because I believe the barking dogs and Kapule Highway items are going to force David and his wife to wait until those items are completed. I think if they are here just to testify on that, we would like to hear what they have to say on that bill. Council Chair Rapozo: Okay. Councilmember Kagawa: Thank you, Chair. NADINE K. NAKAMURA, Managing Director: Good morning. Here with me is Kamuela Cobb-Adams, our Housing Director, and Sharon Graham, our CDBG (Community Development Block Grant) Specialist to talk about the homeless program. Before I start I just wanted to thank you for making this opportunity happen, hearing the voices of the homeless on the island, and I also wanted to pass out a copy of a report that was submitted to the Legislature in 2014. This was the Hawai`i Interagency Council on Homelessness report back to the State Legislature on their recommendations on their plan to address homelessness in Hawai`i, just as background information. I am going to ask Kamuela to take it from here. COUNCIL MEETING 39 JULY 15, 2015 KAMUELA COBB-ADAMS, Housing Director: I think we have to understand where we came from and if you look at history, a lot of the social services that, even when I was a kid were stronger; State hospital, DHS (Department of Human Services), there were a lot more social services. I think there has been less of those resources out there for the families that need them. We do not develop any State Housing anymore, that has stopped, and the focus is to maintain the existing housing. We have not kept up with the housing demand also. On top of that, we have to identify that our incomes have definitely not kept up with the pace of the cost of living, not just housing, but the cost of living as a whole. Our focus here on Kaua`i as the Housing Agency has primarily been on housing. We administer federal funds, meaning Section 8, which addresses rental housing assistance. We also administer HOME funds and CDBG funds. HOME funds go for housing, and some of those HOME funds have been used for transitional housing for homelessness. We also use CDBG to fund many community and social services including some agencies that provide services to homelessness as well as other community services. Over the last two (2) years, most of the funding that comes to Kaua`i comes from the State in regards to homelessness. Over the last two (2) years, about two million dollars ($2,000,000) have been provided to about four (4) to five (5) different non-profits to provide services. These non-profits are: Catholic Charities, Kaua`i Economic Opportunity, also known as KEO, Malama Pono, Steadfast Housing Development Corporation, and YWCA (Young Women Christians Association). They receive different types of funding. The State also does their own State outreach, because, they have the skills like DHS and the Department of Health, so they do their own outreach. State shelter programs, over the last two (2) years have supplied about a million dollars ($1,000,000), so about a million dollars ($1,000,000) comes from the State for different shelter programs to these non-profits. The State Homeless Emergency Grant Program has funded about a hundred twenty-three thousand dollars ($123,000), HUD, the Federal agency has provided about ninety-nine thousand dollars ($99,000), another HUD Emergency Solution's Grant was about one hundred seventy-four thousand dollars ($174,000), and another HUD Continuum of Care was about four hundred thirty thousand dollars ($430,000). Lastly, HUD housing opportunities for persons with AIDS (acquired immune deficiency syndrome) is about fifty-six thousand dollars ($56,000), and that is how we come up with two million dollars ($2,000,000) of State and Federal funding that has come to our County in the last two (2) years. As for the County, since 2010, we used HOME and CDBG...we just went back farther because we have our own records. Most of the funding has come in 2010 and 2011, for CDBG and HOME, and it has been less and less over the years. For instance in 2010, one hundred fifty-eight thousand dollars ($158,000) of CDBG funds were used for shelter or transitional housing. We used HOME moneys in the amount of three hundred thousand dollars ($300,000), that is usually to buy houses, because you can only use HOME money for housing or shelter. Basically the net total over the last five (5) years, we spent about seven hundred and fifty thousand dollars ($750,000) of CDBG moneys and just over five hundred thousand dollars ($500,000) of HOME moneys on homes specifically for homeless programs. Recently as I said, we have only been funding CDBG the last two (2) years at about eighty thousand dollars ($80,000) each year for CDBG funding services. Our HOME money has been going to projects such as Kolopua and Rice Camp. Council Chair Rapozo: That is all great. You have done a great job with the CDBG and HOME funds, but I think our homeless numbers are going up. You heard some of the issues today, being kicked out of parks, and I am surprised the Parks Department is not here today, I would think they would be here because this issue is a "Parks" issue. I am sure he will hear about it, but we may not think of the COUNCIL MEETING 40 JULY 15, 2015 toilet paper issue, but if you are the person in that stall and no there is toilet paper, it is the worst situation on the planet. It is. I have been there. I lost socks and sleeves from my shirts. I did not flush it down the toilet, but it is still not a good position to be in and to me what I believe is an easy remedy, you do the ring, and put the rolls on the rings, which makes it a lot more difficult to steal. Besides that, being evicted out of a park at 2:00 a.m. regardless if you are alone or have children, the cops come in and kick you out. Is that really necessary? Could that have waited until the next day? I think those are the kinds of issues that I want to deal with — short-term and then of course long-term. Is there an opportunity for us to get a parcel of land where somebody like Voices of Kaua`i can come in and...this whole idea of working for trade. If you have the homeless community, you have the electricians, mechanics, all these skilled people that are going through some rough times right now, how can we mutually work on a solution that benefits both sides. Those are the kinds of discussions I really want to have. I do not think that majority of the homeless people today would walk into HUD in your office and qualify for HUD money. They just do not have a job. I guess my simple vision in all of this, and I am no expert in any of this, but if you have one (1) area that we can provide basic shelter; roof, restrooms that are clean, a shower, that the outreach agencies can come out and make sure all the needs...you know the ones that do not want to change, you kick them out and you let the judicial system work with them. They will get a place to stay in Wailua. The ones that choose not to better themselves, that do not want to be inclusive, but the ones that do...the ones that just need that help, we want to be able to offer them the assistance. The State is not giving us anymore additional help and we can ignore it, if we want. I just want to make sure that we have this ability, going forward, to figure out what is best. The best way to figure out what is best is to listen to the people that are being affected. Nadine, I know there was a lot of stuff I just said and again, you folks were not prepped on this, so this is all thinking out loud, and the public needs to know that. Ms. Nakamura: This is an important dialogue, we all see it around us, we cannot ignore it, you are right. It is best to be proactive than to be in a situation like Honolulu where it is just a very difficult problem because people have looked the other way for so long and then it becomes a huge problem that they are confronting. Sharon, do you have anything you would like to add? SHARON GRAHAM, CDBG (Community Development Block Grant) Specialist: We do have a continuum of care group on Kaua`i that works with all the non-profits. I just heard some valuable information and invited some people, and after I finish here, I will invite more people. We meet on every fourth (4th) Wednesday of every even month to talk about the homeless issue, and all the services on Kauai can be streamlined so that the money is spent more effectively. Instead of three (3) agencies providing the same service, why not one (1) agency provide that one (1) service and then another agency provide a different service, and just refer everybody around, so that the money is spent wisely. It is called Kaua`i Community Alliance, and it is open to the public and it is every fourth (4th) Wednesday of every even month. Our next meeting will be August 26 at 11:30 a.m. — 1:00 p.m. at the Pi`ikoi Conference Room and everybody and anybody is welcome to come. We try to get consumers to come, but it is hard for them because they are either working, or for some reason or another, they just do not want to come because they do not feel comfortable being in a room with service providers. Napua folks have an advantage that some of us, providers, do not have. The people are comfortable with them. They are not going to be comfortable in a room with me and start telling me things. COUNCIL MEETING 41 JULY 15, 2015 Council Chair Rapozo: Is Napua's group part of the Kaua`i Community Alliance? Ms. Graham: I am hoping they will be, I just invited her today. Council Chair Rapozo: Did you know about the Kaua`i Community Alliance? And I think that is the issue, right, the service provider is not getting the word out. We are working with service providers that...and I am going to be honest with you and I am not going to name one (1) specific one, just in general, service providers are concerned about their existence. They are going to do what they have to do to get the grant. Have any of these people here been invited to sit on, and I am not saying that is your job because we have non-profits that have the money, but have any of these people been informed? I am shocked that Voices of Kaua`i was not. We need to do a better job so we get the right information so we can make better decisions. Again, this is not about the County, I am talking about how we get the funds, we disperse the funds to non-profits, non-profits are supposed to do their job, and if they are not doing the job, then we need to find another non-profit. As you move forward with Kaua`i Community Alliance, Napua would be a great asset, I think she is a great liaison. Her organization is a great liaison for the community. It is like if you are dealing with issues with children, the best people to listen to are children. If you are dealing with homeless issues, the best people to listen to are people who are homeless, and not the provider who is more concerned about getting the grant next year. It is really getting down to the issue so that we know about the toilet paper issue, safety or security issues, and the rapes happening at Kalena Park. Kalena Park rings a bell because Councilmember Kagawa sent numerous communications over to the Police Department about issues at Kalena Park. They resolved it, but they cannot be there twenty-four (24) hours a day. Just getting the right people involved so that we can get the right information. Councilmember Kagawa: I just wanted to clarify that the issues that I sent relating to Kalena Park was regarding illegal drug activity and on two (2) occasions, arrests were made. Councilmember Yukimura: I know the effort has been made to provide housing and I think that is the priority so that other people do not fall into homelessness. We have such a huge job there, but I do want to ask whether the Administration has a plan for addressing the homeless issue in a coordinated way. Mr. Cobb-Adams: Short-term, no, we do not have a plan. Our Development Division has three (3) less staff of two (2) years ago. We went from nine (9) to six (6). Luckily we kept our Section 8 Division, but that person is only dedicated to Section 8. We basically have two (2) CDBG coordinators, a HOME coordinator which is Gary Mackler, and Ms. Graham is also training for that, we have me...in a nutshell, our focus is housing and all of our discipline is to provide housing, which is a component of it. I have attended many of these homeless meetings, housing is important and it is probably one of the most important, but it is not the only factor. You also need to provide these other services. It is everything from getting an ID, like we have talked about before, then you can start the process of getting them on welfare to get them on their feet, so they can get them into a place. Concurrently, if there are mental issues or dependency issues, you have to address those things as well. There needs to be a concerted effort and frankly I have gone to those Interagency Council for Homelessness Meetings at the State Capitol and speaking very frankly a lot of the focus has been on the island of O`ahu and that is where the resources are going. For COUNCIL MEETING 42 JULY 15, 2015 the Council, we can do everything we want, but at the end of the day, there are many resources to bring back from the State into this conversation; I just wanted to point that out. Councilmember Yukimura: I agree with you that the issue of homelessness is not just a matter of shelter, although those who have spoken today have said that is the most important security and then services to support people. I appreciate that the Chair has taken this initiative, so my question is whether the Administration is willing to work with the Council to develop a coordinated approach so that number one, we can optimize the use of the moneys that are available, and number two, we can really work with those who are already working with the homeless and with whom the homeless feel more comfortable in giving more effective support. Mr. Cobb-Adams: Of course, but like I said, I met with DHS, the department who houses homelessness, and they said homelessness is a priority and I asked, "What is the plan," and... Councilmember Yukimura: So there is a need for a plan and perhaps it has to be not only the Council/Administration, but also the State and the County together, so that might be something that this Council has started and can take some leadership on with the Administration, we could not do it without the Administration. Council Chair Rapozo: I did speak to the Mayor, he was here this morning for the proclamation, and of course he supports a joint effort. I do not know if the Housing Agency is a part of it, I mean you as the Housing Director. I think it entails so much more such as the Police Department, Parks, and everybody else. Councilmember Yukimura just said something that struck me and it was that you have agencies, organizations, and people out there that are already working with the homeless community and have a relationship with them. I did not know about Voices of Kaua`i until today, to be honest with you, I had no idea, but that is just one (1) example of something that may work. For me, it is just figuring out what we can do...if you start including all the State agencies and all of these people that talk plenty, you are just going to have more meetings versus if the County and Administration get together and ask, "What can we do now to start easing these problems that are being experienced by the homeless community?" We already have meals on wheels, KEO does the meals on wheels, and they go all over the island, but imagine if they went to one (1) place. If everybody was at one (1) place. I am just thinking out loud. I know the Mayor did support that and so we will definitely meet again. Councilmember Kuali`i: All the efforts for affordable housing, that is great, but that is more about long-term, and from what we heard today...and it does not have to cost a lot of money, but there are things that we can do. If this continuum of care group or Kaua`i Community Alliance were not specifically focusing in on the things that we were told to us today about the things the homeless/houseless folks actually need, and they need immediate assistance...It is really not about housing, it is more about a safe space. A place where they can park their car and not be harassed, a place where they can have the basic necessities of restrooms and water. We have that all over our County, but if it is not designated, sanctioned, or permitted, then we have this problem. I would hope that we could do something quickly, especially with the mana o from everyone here today, and from an organization like Voices of Kaua`i to do things in the short-term. They are talking about a location and land, with a little bit of effort and partnering with private and public organizations, and the State COUNCIL MEETING 43 JULY 15, 2015 and the County, we can find areas. If we can find three (3) to five (5) areas throughout the island, that will help spread it out to where it is not overcrowded in one (1) place and where they have just the basic facilities to build a whole homeless shelter and you only have ten (10) beds and it is limited with a long waiting list, that is thinking long-term if we can do more, but it takes a lot of money. Short-term, we have to do something now, and I am willing to be a part of that. Councilmember Hooser: I want to echo what was said earlier that I would like to see more urgency, like many of us have been following it state-wide and it mostly focused on the City and County of Honolulu. What I see is a lot of finger pointing back and forth by the County and the State, saying they are doing their best, but the problem is out of control there. I think the problem here is much larger than we realize because we are spread out to the different parks around the island. What I would like to see is the Administration make some kind of commitment to a plan or to a task force or something. I understand when the Director says our staff has been cut, we are busy doing other things, but that is not what I want to hear. I want to hear that, followed with, "We can do more, but we need your help Council." So that is what I want to hear. I want to hear what we can do and not what we cannot do. We have very strong partners here today that could contribute to that. The Alliance is a great effort, I think, and I have been to at least one of their meetings in the past, but six (6) times a year does not reflect the urgency of people sleeping on cardboard, being awakened at 2 o'clock in the morning, and sexual assaults. We need to reflect the urgency, in my opinion. I think if the Administration comes up with something, and then asks the Council for support, whether it is financial support or other authorization, speaking for myself, I would do everything I could to support that. We all know there are so many people out there. I know many young people living in bedrooms, going from friend to friend, and not really staying anywhere. They are fortunately not sleeping on cardboard, but they are very close to doing that. I think we need to take ownership of this issue and not just say that it is a federal or state problem, we need to take ownership in terms of leadership. I could not help to think during the budget period, there is nobody here really saying that we need more money for the homeless and there is this program we want to fund. There are people here for tourism or all these other efforts, but nobody advocating, that I can remember. That is what I would like to see. I just would like to see more. Thank you. Mr. Cobb-Adams: In our defense, we were asked to cut as much as we possibly could, so asking for anything was not, in my mind, an option. We did cut our budget. Secondly, what I could ask and this is me, I have not spoken to the Administration, is that it is going to take a concerted effort of the Council and the Administration, meaning you folks. If you do go down this path, it is not going to be easy, I think you folks are trying to make like it is easy, you find a piece of land — I have trouble building housing by somebody because they do not want it in their backyard. I am going to tell you folks, when you folks get those calls, you folks have to back the program up, and not just the Administration. That is truly what it is going to take. You talk about leadership. There needs to be "leadership" across the street and together. If the Council and the powers to be decide to take this on, it has got to be a coordinated effort between everyone. I have no problem taking challenges on, but I need to..."us" meaning myself and my staff need to be backed by you folks. There are going to be challenges and opposition. If that is what the Council and Administration wants together, then we can moved forward together. It is going to take coordinated leadership. Ms. Nakamura: Based on our pervious discussions with the State Administration, which was under the previous Governor, the direction was a COUNCIL MEETING 44 JULY 15, 2015 way from homeless and temporary transitional facilities and into permanent housing. That is something that we will have to take a look; where the funds are going; what we can access, and then what we need to supplement here to make it happen. That is the conversation we need to have as we get more information. Councilmember Hooser: Can I respond? Council Chair Rapozo: Sure. Councilmember Hooser: I understand the housing first is a priority that the State has put forward. I think the starting point for us for the County is looking at the situation on the ground here and seeing if we are the same as everyone else and then looking at issues whether it is toilet paper, intensive case management, and housing first, but it is having a plan of our own. If that plan is to put housing first, first, then that is the plan, but I am just concerned that we do not, up to this point, seen to not have that plan. Thank you. Council Chair Rapozo: I agree with you, Director Cobb-Adams, it will be a joint effort and we will follow-up with the Mayor. I think it needs to be that way. I am not interested in what the State has to say because they just talk, they just say nice things, but they are not following up with any type of funding. It is not as difficult as we are trying to make it. You are right, if we give a piece of land and want to build a homeless community, yes, there might be some issues, but the Stadium parking lot as somebody mentioned earlier. That is huge. Why could we not allow cars to park there at night? What threat is there at the Stadium parking lot? How difficult is it as we pass out meals on wheels, we are passing out toothbrushes, toothpaste, and soap. If you do not want them stealing soap from the bathroom...how much is that little thing? Those are the kinds of things we can do. We do not need a State designation or anything. We can do it ourselves and that is what I am looking at. What can we do in the County of Kaua`i, forget the State, we work with them on another path, but to really get some immediate results. I think that is what we have to do. We will figure it out. I will get with the Mayor and we will figure it out and put together whether we call it a task force, community group, whether we use Kaua`i Community Alliance as the vehicle because that is already in place and invite more stakeholders, I am not sure what that will be, but I guess what I am trying to say is we need to move forward. I think we have the commitment from the Administration. Ms. Nakamura: We appreciate the dialogue because that is what it is going to take to get us to the next phase. Councilmember Chock: In looking at this issue, this is something that has weighed down on me, and I appreciate the conversation. I really want to support, what I think is necessary, is this task force that is separate from the providers, because we need what people are talking about, which is immediate action. When I talk to my source at KEO, they suggested lockers because they do not have anywhere to put their things on a daily basis. They need basic things. Just hygiene, a place where they can take a shower on a daily basis so that they can go to work, they need bus passes. Those are all things that I feel, as the Chair said, we can respond to, but it is going to take one (1) collective effort. I think everyone on this table can stand behind this and say, "We are going to make that commitment," and we have to understand that it is about us going out there and actually getting some of these resource secured for the alliance that can actually act on it. The other thing that really drove me was getting a call from my friend Dom who said that these people are being categorized and shamed in many ways. I think that is that human conversation COUNCIL MEETING 45 JULY 15, 2015 that we were talking about earlier that is missing as well. For families to be kicked out of the park at 2:00 a.m. in the morning, is something that we all need to look at internally. I am onboard...this is great right here, but we need something tangible and actionable for Kaua`i. I want to see that happen. Thank you. Council Chair Rapozo: Thank you. Anything else? Ms. Graham: Yes, I have a question. Council Chair Rapozo: Sure. Ms. Graham: I am gathering that you are buying into this task force idea, so we can change our meetings to accommodate you folks so that you can come to our meetings. Council Chair Rapozo: That might be an option. Like I said, I really want to sit down with the Mayor and get his commitment level...he gave it to me this morning. He wants to do something about it. One of the things that we talked about today was putting a portable restroom right outside the Historic County Building for the...we talked about that today. I asked him if he had any objection, and he said no, so that is going to happen. Simple things like that makes a whole lot of difference in the world for someone. We will be in touch. For some reason I look at the Housing Agency as putting up physical structures, homes, condominiums to help...and this yet is another component that is not a "Housing" issue per say. It is a social issue that we have to look at all across the County, not just Housing, it is Parks, Police, and everybody. That is what I want to see. If we do a task force, somebody from every area including the community itself. With that, we can make some small progress in a very short period of time. I am sure we will be talking soon. Councilmember Yukimura: We do appreciate that kind of courtesy to not have a meeting on Wednesdays, if you want us to show up. I do not think it should be centered with the service providers, and I think it has to be a broader task force. I think the Chair and others have indicated that. The service providers do need to be a part of it too, because they play a critical role, including, but not being the central focus for the reasons you mentioned, in terms of comfort-level and greater diversity. There are many small things that have already been mentioned that could be changed immediately. I am glad for the announcement today that there will be a restroom facility here 24/7. When I was Mayor in this building, because the Mayor's Office was where the Historical Society is now, there was a bathroom that was accessible from the outside of the building and it was open 24/7. That is why I would like the County to consider and I did ask the Parks Department when they redesigned the Hanalei Courthouse, to have a bathroom that was accessible from the outside, so people would not have to access the interior of the building. These are things that I think we have to think about. At that point, I was thinking about soccer teams that played in the park across the street. Council Chair Rapozo: Councilmember Yukimura, reel it in. We are working against the clock right now. I apologize, but we have to get back at 1:30 p.m. because we have a public hearing. Councilmember Yukimura: I understand, but I have not said that much. Council Chair Rapozo: Well... COUNCIL MEETING 46 JULY 15, 2015 Councilmember Yukimura: I would like to say my piece and I am trying to finish. Council Chair Rapozo: That is fine. Councilmember Yukimura: It has to be where every agency is thinking about this in how they do their work whether it is the Police, or the Parks Administration or so forth, that is the kind of concerted approach and requires every agency to be thinking about this. There being no objections, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: There is a motion to receive. I just want to say thank you to Mr. Doug Smith, for bringing this to my attention and having a meeting a week or so ago, which is really what brought this on the agenda. Thank you, Mr. Smith, and we will be in touch. The motion to receive C 2015-197 for the record was then put, and carried by a vote of 6:0:1 (Councilmember Kaneshiro was excused). Council Chair Rapozo: We have a public hearing at 1:30 p.m. Councilmember Kagawa: Are we going to take the bill? Council Chair Rapozo: Which bill? Councilmember Kagawa: The bill where we have two (2) people waiting? If not, we will have to tell them to come back. Ms. Fountain-Tanigawa: Proposed Draft Bill (No. 2459). Council Chair Rapozo: Yes, because we have to do the 1:30 p.m. hearing — can you be back at 1:30 p.m.? Okay. There being no objections, the Council recessed at 12:48 p.m. The meeting was called back to order at 4:06 p.m., and proceeded as follows: (Councilmember Yuhimura and Councilmember Hooser were excused.) Council Chair Rapozo: Can we get to the 2:30 p.m. item? It is 4:00 p.m. RESOLUTIONS: Resolution No. 2015-51 — RESOLUTION REQUESTING THE STATE OF HAWAII TO RENAME KAPULE HIGHWAY AS THE KAUAI VETERANS MEMORIAL KAPULE HIGHWAY Ms. Fountain-Tanigawa: We have registered speakers for this item. Council Chair Rapozo: Can I get a motion to approve? COUNCIL MEETING 47 JULY 15, 2015 Councilmember Chock moved for adoption of Resolution No. 2015-51, seconded by Councilmember Kuali`i. Ms. Fountain-Tanigawa: The first registered speaker is Wilbert Pereira, followed by Edward Kawamura. There being no objections, the rules were suspended. WILBERT PEREIRA: I represent one (1) of the advisors on the State Board for veteran services. I am also Commander for the Vietnam Era Veterans Organization. I am here because I would like to make a formal request, with the help of the County Council to have a section of Kapule Highway between Rice Street and Kuhi`o Highway designated as the Kaua`i Veterans Memorial Kapule Highway. This request is being made on behalf of all Kaua`i Veterans and their families. This honor would be a lasting tribute to the men and women of Kaua`i, who have sacrificed so much to ensure the freedom and privileges of our great country by serving in the armed forces. Kaua`i's residents have a long and distinguished record of military service and the designation of the section of the highway in their honor would be a small token of our appreciation for their service. If you need any further information, please call me at 346-5475 and I will be willing to answer any questions. Council Chair Rapozo: Thank you very much. Councilmember Kuali`i: Thank you, Mr. Pereira for your support and for working with Council Chair Rapozo and myself on this Resolution. I just wanted to clarify for you that I am putting forward an amendment. We did have some testimony earlier this morning from at least three (3) different individuals, one (1) of them being Auntie Liberta Albao, who is the President of the Queen Deborah Kapule Hawaiian Civic Club. She also brought a letter from Auntie Aletha Kaohi, from the west side. They had asked that we not do a renaming of the highway, where we combined Kaua`i Veterans Memorial with Kapule, so what I had thought would be a good compromise for the two (2), turns out not acceptable for them, their organizations, and for some Hawaiians. What I had talked to you,just outside and I wanted to put it on the record is that, the actual compromise would be to take the section of the highway that is currently Kapule. Kapule Highway is currently from Rice Street all the way to the Hanamd'ulu intersection, and then Kuhi`o continues from the old highway. Your organization is most interested in the section that is in front of the Veterans Center, near the Stadium, and that area towards the airport. Mr. Pereira: That is correct, yes. Councilmember Kuali`i: What we had talked about was from Rice Street to Ahukini Road, as being renamed the "Kaua`i Veterans Memorial Highway," and then the remaining section will remained as Kapule Highway. Mr. Pereira: Sure. Councilmember Kuali`i: Okay, so the amendment is being worked on, but I just wanted to confirm that we had your support and the support of your organization. Mr. Pereira: Definitely, and thank you very much. Council Chair Rapozo: Thank you. Next speaker. COUNCIL MEETING 48 JULY 15, 2015 EDWARD KAWAMURA: I am serving currently as the Kaua`i Veterans Council Commander, in charge of fourteen (14) organizations. I am very happy to hear that the name change is going to be amended, because too many people have served this Country. We have a lot of people. It is befitting to change the name for Veterans, because "All gave some and some gave all," for the freedom that we enjoy today. That is why I said that it will be very befitting because now we have a highway in front of our center that will be named "Kaua`i Veterans Highway." With that, I thank you for allowing me to speak and ask you to support in naming that highway for the Veterans. Thank you. Council Chair Rapozo: Thank you, Sir. EDWARD KEOHO, SR.: I grew up and was raised here on Kauai. Ahukini is where I grew up. A lot of you do not even know where that place was. I used to play in the sugarcane fields and the sugarcane warehouses, come out of there all sticky as ever, but nevertheless I graduated from Kaua`i High School. I joined the military for twenty (20) years, retired, and I am a veteran — three (3) combat tours in Vietnam. I am proud to say...I appreciate you all accepting our request to name a portion of that highway the Kaua`i Veterans Memorial Highway. I was looking for the whole thing, but since the kupuna got involved...they can have Ahukini to Hanamd'ulu. We are the Veterans, we have the rest right in front of our Veterans Center. A lot of you have seen that area, but it is not completed yet. Our dream in the past was to have a medical facility there. We raised a lot of funds for it, but somewhere along the line things went different ways, we spent all of our money on the photovoltaic, but nevertheless we are still going to get it. It is our goal. Our medical facility will be there for a one-stop center. On top of that we might be able to open up a small little PX (post exchange) for the Veterans, instead of going all the way down to Mana, which is too far. We are looking at things like that. Thank you all very much. Any questions? Very good, I love this. Council Chair Rapozo: You scared them all, Ed. I think the veterans need to do a documentary film and have his voice do the commentary. MARY KAY HERTOG: Good afternoon Council. I am U.S. (United States) Air Force, retired after almost thirty-four (34) years of service. I am also the new Commander for Kaua`i's Disabled Americans Veterans Kaua`i Chapter#5. Today, I am here to voice my support and the compromise for the Resolution to name that portion of the highway, the Kaua`i Veterans Memorial Highway. We have over five thousand(5,000)veterans living and working on Kaua`i and going about their daily lives asking for no recognition for the years that they have served. Most people only think of Kaua`i veterans when they drive by our Veterans Center or perhaps during the Memorial Day Ceremony out at Hanapepe, or maybe during the Veterans Day Parade that we have every year. Renaming this roadway would be a daily reminder to everyone that Kaua`i's veterans are special and appreciated. It would be attributed to the men and women, and their families who have so honorably served over the many years and served this great nation. I just want to say thank you very much for all of your support. I know that some of you are veterans, some of you have family members that are veterans and I think it would mean a great deal to them as well. Thank you. Council Chair Rapozo: Thank you, General. Next speaker. Ms. Fountain-Tanigawa: The next speaker is Christopher Takenaka, followed by Kristi Stephens. COUNCIL MEETING 49 JULY 15, 2015 Council Chair Rapozo: Wait Ken. CHRISTOPHER TAKENAKA: He can go first. Council Chair Rapozo: Okay, sorry. I feel like a traffic cop over here. You can go, Christopher has allowed you to. KEN TAYLOR: This is hard for me because I was six (6) years in the Navy, which makes me a veteran. The years since, I found out that our Country has misled us...we were taken into World War I by the Zionists and Roosevelt could not go into World War II, because it was a sentiment of World War I and had to make something happen and was willing to take collateral damage. We ended up with over twenty-five hundred (2,500)people dying at Pearl Harbor. We were lied to about Korea, we were lied to about Vietnam. We were lied to about Desert Storm and they lied to us and lied to us. I am really disappointed in our Country. I have a lot of respect for a lot of the people who have been involved in the military, but we all got suckered into it by lies. That highway out there should be named, "The Congressional Liar's Highway." We need to send the message to the young people and everybody else that our Country sits back there in Washington year after year and they lied to us, lied to us, and lied to us. It is time to draw the line in the sand and say... Councilmember Kagawa: Council Chair, point or order, this is off topic. Mr. Taylor: I am sorry... Councilmember Kagawa: This is off topic. Council Chair Rapozo: Continue. Mr. Taylor: Thank you. I think it is very rude when somebody is talking and you interrupt them... Council Chair Rapozo: No, Mr. Taylor. Councilmember Kagawa: Off topic. Mr. Taylor. Council Chair Rapozo: Order... Mr. Taylor: If you do not agree with me, that is fine. Council Chair Rapozo: Mr. Taylor, he has a right to call a point of order in which he did. I am going to ask you very nicely, the veterans in the room are not Congress people in Washington D.C. Mr. Taylor: I understand. Council Chair Rapozo: They are not the leaders that were here in World War I and Korea, and so forth, the government leaders, so I am asking that you show some respect to the veterans in the room. Mr. Taylor: I have all the respect for all of the veterans. Council Chair Rapozo: I understand, but what is on the agenda today is renaming a highway as a Veterans' Highway. If you have opinions as far as the COUNCIL MEETING 50 JULY 15, 2015 government, I would ask the you use another venue, because what is on the agenda today is the renaming of a highway. If you have a problem with naming the highway, the Veterans Highway, then that is fine, but I would ask out of respect for the people that are in the room and all of the veterans on Kaua`i and in the State... Mr. Taylor: I respect them all. I have no problem with them. As I said, we were all duped. We were misled. We were lied to. My Country lied to me and to all of them. It is unfortunate and this is the kind of thing that continues to perpetuate this kind of activity. I am sorry, but that is the way it is. Council Chair Rapozo: That is the way you feel, Mr. Taylor. Mr. Taylor: That is the way I feel. Council Chair Rapozo: That is not the way it is. That is the way you feel. Mr. Taylor: That is the way it is. We were all brought into the military, because we felt we had a duty to our Country, I grew up during World War II. I felt I had an obligation. I went into the military. I was fortunate, I got in and out before Vietnam, but I found out later how the Country had lied to us, lied to us, lied to us...and I think it is time that we stand up and say we are not going to take it anymore. It is not disrespectful to anyone who served. We all did what we were supposed to do, but we were lied to. Council Chair Rapozo: Thank you. Mr. Taylor: Thank you. Ms. Fountain-Tanigawa: The next speaker is Christopher Takenaka, followed by Kristi Stephens. Mr. Takenaka: I have served during the Desert Shield time, which was the precursor to Desert Storm. I went in...I think I can say for my brothers and sisters behind me, that we went in voluntarily, for the most part. I volunteered my services to this Country and on behalf of all of those who have in the past and present and in the future as well, will honor them with a segment of what will always be to us, "kauaians," Kapule Highway, because we always honor our ancestors, especially in Waimea with Deborah Kapule. This is more of honoring the present-day volunteers, and those who have worked tirelessly to enhance the living conditions of our fellow veterans and their families on Kaua`i. Also having been abroad, I have visited other military and veteran institutions on the mainland, and there is a veterans road in Tucson, and it is very easy to find our veterans in that case when you are looking on a map. This Kaua`i Veterans Memorial Highway segment will serve that part of our ambassadorship as being representative of Kaua`i to the rest of the world. When we have ambassadors such as Tulsi Gabbard's entourage or Senators...and their personnel can identify where to go. Such as was discussed about possible medical one-stop and other activities going up in the area, if you will, this Kaua`i Veterans Memorial Highway as part of Kapule Highway, will be instrumental in serving those who have served by giving them an immediate location where they can come and join other veterans or for their services they need. It is right on the map. There will be no question as to where we are located and what we stand for. On behalf of my fellow veterans who have served, I am looking forward to this amended roadway, the Kauai Veterans Memorial Highway. COUNCIL MEETING 51 JULY 15, 2015 Council Chair Rapozo: Thank you, Christopher. Next speaker. KRISTI STEPHENS: Good afternoon. I work with the disabled American veterans. I would very much appreciate that you consider renaming that portion in the amendment to reflect the honor that you as a community would give Veterans who have served not only now, not only today's veterans, but the past, and the future. We have to remember one of the most famous veterans that we have associated with this island is a disabled American veteran, four (4) star General Eric Shinseki, who was born and raised here. Ed, all of them, went to school with this man. He is a member of Chapter 5 DAV (Disabled American Veteran). I think that in honor of all of those who have served, all of those who will serve, this will be a future as the previous speakers have said about having a one-stop shop where we can have all of our veterans come to get support, medical care, and having that portion of that highway named that, also will help the rest of the island to understand where the veterans meet. Maybe we can draw more of our veterans who live on this island who are not represented by a specific group. We have many organizations; Vietnam Veterans, Korean Veterans, VFW, American Legion, DAV, Marine Corps, Navy League, those are just a few. I believe that by renaming this portion of the highway to the Kaua`i Veterans Memorial Highway would really go a long way to honoring those who have given their time, put their lives on the line, and who are really deserving of having that honor given to them. Thank you. Council Chair Rapozo: Thank you very much. Ms. Fountain-Tanigawa: The next speaker is Matthew Bernabe, followed by Royce Ebesu. MATTHEW BERNABE: I was just going to say one (1) little joke and it got all heavy in here. I totally support naming this highway after the veterans. I joined the service and the Gulf War was going on when I joined. It just so happened by the time I got out of AIT (Army Institute of Technology) in Fort Leonard Wood, Missouri, that conflict was done, so I did not see any battle time. Then, I went to the Coast Guard, and when I got out, I just stayed in a civilian realm, but I always got the letters to go when there are services and whatnot. I used my ID until 2001, until it expired, because I had some inactive years. When it was done, it was done, but I always took the position that I would sacrifice not trying to take funds from the veterans, because I do not need them as much as other people need them, I always thought that would be better. I do not agree with our government whatsoever, but I do not get it clouded because the veterans are not the politicians on Capitol Hill or the lobbyists. To go against this highway for your political reasons is not very patriotic. I find myself a very patriotic person. I totally support this and if anybody in the public was going to give you hell about this, I volunteer to personally debate them myself. ROYCE EBESU: This is the first time that I am testifying in front of Councilmembers. I have listened to people deviate from the subject so much that I do not think you want to listen to that. I am just here to state that the original proposal was Kapule with the Memorial name, but I am glad that the proposal is divided where you have Kapule and Kaua`i Veterans Memorial Highway. That makes it even for two (2) sides. I think I am all for naming it, Kaua`i Veterans Memorial Highway and Kapule Highway. Although it is funny that you drive on a straight road with two (2) different names, but...yes, actually three (3), but that is how things are. Thank you. Council Chair Rapozo: Thank you, Mr. Ebesu. COUNCIL MEETING 52 JULY 15, 2015 LYNN M. AYLWARD-BINGMAN: I served twenty-three and a half (23.5) years as a Navy nurse and was stationed at Guam during Vietnam, got there right after the Tet of'68. We received all of the Navy and Marine casualties who could survive the flight to those people even after. We got them usually within twelve (12) hours of being wounded. I am extremely close from forty (40) something, almost fifty (50)years later. I really did not appreciate the comradery of all the veterans until I moved to Kaua`i. I also served as the chair for the VA Pacific Islands Health Care System Advisory Council, which is made up of representatives from each of the islands. I also help with an organization called Vacation for Warriors, and we are having another event in August. I totally support this Resolution. I think it is very important because the veterans have been kind of in the background for so long. I think it is important to them. I never felt that I did that much, but I know of others who have done a lot. Thank you. RUSSELL MAEDA: Thank you, Council. I am the Treasurer of the Veterans Council, and also a Vietnam Veteran. As far as the renaming of the highway, I am in support of this and I urge the Council to vote for this amendment. Thank you. Council Chair Rapozo: Thank you. You know it is important when people come out for their first time in their lives to testify. I appreciate that. Next speaker. Ms. Fountain-Tanigawa: That was the last registered speaker. Council Chair Rapozo: Anyone else wishing to testify? NORVIN OLIVAS: I am Senior Vice-Commander for the Kaua`i Veterans Council, also the President of the Kaua`i Veterans Club, and a member of the VFW. I am in support of the renaming of the highway. I think it represents the veterans of Kaua`i, and we join the military to honor our flag and Country. We are not honoring the congressional side. I just want to inform you also that the Medal of Honor is not a Congressional Medal of Honor. It is a Medal of Honor. It was never a Congressional Medal of Honor. Congress uses the Congressional Medal of Honor. I thank you again for supporting us. Council Chair Rapozo: Thank you. Ms. Hertog: I cannot let one (1)previous speakers' words go without a comment. When we volunteered to join the military and most of us in this room, post-Vietnam were volunteers, we raised our right hand and said we would support and defend the Constitution of the United States against all enemies foreign and domestic, and we would obey the orders of the President and those officers appointed over us. The fact that we have done that on a voluntary basis, gives the opportunity for people to come up here and make these kinds of comments, "name it the Congressional Liar's Highway." Most people in the military that I have known over my thirty plus (30+) years, almost thirty-four (34) years, we are very apolitical. We cared who was in Congress because we want their support, we care who the President is, but that is not going to prevent us from doing our job. The fact that we do our job embraces our Constitutional Amendments of Freedom of Speech. While I appreciate freedom of speech, I just wanted to say that I think there are several veterans in this room that felt very upset about those kinds of comments. I appreciate you calling a point of order on that. We do this because we love our Country. We do this because we love our fellow COUNCIL MEETING 53 JULY 15, 2015 man, we serve them, and we have served them well. I think renaming this highway would be a great show of appreciation. Mahalo. Council Chair Rapozo: Thank you, General. Mr. Kawamura: I want to thank my Veterans Council for coming here to give their support. I would also like to thank the County Council for their recommendations. I always look at Kauai being the frontrunner for veterans. I spent many years working for veterans. With this accomplishment here, if we can accomplish this, it will put us ahead of all veterans. We have a Veteran Center, a Veterans Highway, we have a one-stop shop for veterans, we would be the frontrunner for our veterans to come. I thank you on behalf of the Veterans Council. Thank you very much. Mr. Keoho: I have served with a good friend of mine right there in the Police Department, ex-cop, thank you very much Mel. Council Chair Rapozo: Thank you. Mr. Keoho: Another thing too, Kaua`i, like Ed just mentioned, we are the frontrunners. We are the first island throughout the Hawaiian chain to have a Veterans Center. Honolulu got one now, and Maui is trying to build one. Kaua`i was the first. Now, Kaua`i is the first towards renaming a highway. If you go to Vegas, you are going to see it up there, Veterans Highway, if you go down to Laughlin, that is what that road is, but we have one right here on the little island of Kauai. Thank you to you all for supporting us. Council Chair Rapozo: Anybody else? There being no objections, the meeting was called back to order. Councilmember Kuali`i moved to amend Resolution No. 2015-51, as shown in the Floor Amendment which is attached hereto as Attachment 1, seconded by Councilmember Chock. Council Chair Rapozo: Would you like to explain your amendment, Councilmember Kuali`i? Councilmember Kuali`i: The basic amendment as I was saying to Mr. Pereira was that instead of the compromise being in the name and the whole section of the current highway, to separate the sections, because we heard from supporters of Queen Deborah Kapule and the Hawaiian Civic Club. They did not want the names combined that way. The compromise instead is to take the sections of the highway. So the new part of the highway from Rice Street through Ahukini Road would be named Kaua`i Veterans Memorial Highway, and the remaining section will remain Kapule Highway. Councilmember Kagawa: I just want to support the amendment. The reason why we had this amendment was stated earlier, I guess Liberta clarified that we had some objection from the Hawaiian community that it was disrespectful to join a Queen's last name with the Veterans Memorial. She showed no disrespect to the Veterans, but Councilmember Kuali`i came up with the magical solution that satisfies both. I agree with Councilmember Kuali`i that this may be a Google Maps nightmare because people are going to drive and it is going to say, "drive straight to..." and it is going to change the road, but normally if you stay on the same road, it does not change COUNCIL MEETING 54 JULY 15, 2015 the name. It is okay. It is all good. On Kaua`i, we know where to go, and that is the main thing. Thank you. Councilmember Chock: I also want to show my support for the amendment and thank Councilmember Kuali`i for the compromise. I was having some difficulty with the combining of the two (2). I think this is a good option for us to move forward with. I will be supporting it. Thank you. Council Chair Rapozo: I will be supporting it. I use my GPS (global positioning system) a lot when I am traveling and on the mainland, it is common — continue on "I" something and then in seventeen (17) miles go to something else, but it is the same road. It will be confusing here, because three (3) names on one (1) highway —that has got to be a first, for a short highway. I want to thank Councilmember Kuali`i. This has been hanging for a while and I had heard some issues regarding the Hawaiian community. This is a State Highway and as I stated earlier this morning,you folks were not here, it has to be done by the State, so this is phase one. Get the Council to pass a Resolution, Representative Tokioka asked me to do it here so that we can get the public involvement, because it is much easier to do that here at a Council Meeting, than it is at the State Capitol. This is phase one. We are going to have to take this...it will pass, because I can count the votes already, and make sure that we pass on the testimony, the support, and maybe a copy of this meeting video to the State Representatives, because it needs to pass up there before it becomes final. I told myself that if we could not get the Hawaiian community and the veterans community to come to an agreement, then it is probably best to leave it alone. It was all good until this morning. I am thinking, "Oh gosh, what are we going to do now," because she had some valid points, it is a potential conflict between the ali`i and the veterans and I did not want to create more of a divide in the community. Councilmember Kuali`i came up with the brilliant idea, I wish I had thought of it, but he did and put it into an amendment which looks like it will be a great thing. Thank you. The motion to amend Resolution No. 2015-51, as shown in the Floor Amendment which is attached hereto as Attachment 1 was then put, and carried by a vote of 4:0:3 (Councilmembers Hooser, Kaneshiro, and Yukimura were excused). Council Chair Rapozo: We are back to the main motion. Councilmember Kagawa: I want to thank all you veterans, for your service to the United States of America and to the people of Kaua`i. I am glad that it all ties in where...and I like being the frontrunner for veterans. What greater thing can be done? For the sacrifice now and will be done in the future, to have the Veterans Center and a Veterans Highway right there next to each other, perfect. Thank you. Councilmember Chock: I also want to give my support here, no matter what your perspective, good or bad, I think what we are doing here is we are recognizing our veterans by calling it the Kaua`i Veterans Memorial Highway. I will be supporting this as well. Again, I want to thank both Chair and Councilmember Kuali`i for putting this forward, as well as recognizing the importance of names and place names and how it is we associate with our culture through it. Thank you. Councilmember Kuali`i: I want to say I am very happy that we came to this resolution and that you actually now have a better situation where the name is clear, it is just, "Kaua`i Veterans Memorial Highway." Purely those four (4) words. I am working with the Hawaiian Civic Club. I agreed this morning that I would help and work with them, because Queen Deborah Kapule was a wife of King Kaumuali`i and COUNCIL MEETING 55 JULY 15, 2015 their homelands were in the Wailua River Basin. Everybody knows that along the Wailua River is where all the royal residences wereand where it all is. Now, they are left with this small section that basically goes over the bridge to the Hanama`ulu section. Maybe I was speaking out of turn to offer a portion of Prince Kuhi`o Highway, but I think the Prince would gladly serve and agree...and what we will look into is extending Kapule to that Wailua area. Maybe in the future when some new entity comes into the Coco Palms area, because that was also a significant area in Hawaiian culture, that they would honor Queen Deborah Kapule with that area as well. I hope you will support that in the future. I have to talk to Representatives Kawakami and Tokioka, and for them to help with that, but expect another resolution in the very near future. Thank you. Council Chair Rapozo: Thank you. First of all, thank you all for your service—all of you. Yes, let us give them all a hand. I get emotional as well, but I have asked Scott to cue up a video, and I respect my friend Mr. Taylor a lot, and I will respectfully disagree with his comments today. I will say that because this is not about Congress. It is about the veterans that, as Mr. Kawamura said, "All gave some, and some gave all." I found this video years ago and I have kept it. I found it on YouTube today as I heard some of the discussion. (Video of`Veterans of the USA - The Goads"from YouTube was played and can be accessed at https://youtu.be/yBhSTwEZZhs) The motion for adoption of Resolution No. 2015-51, as amended to Resolution No. 2015-51, Draft 1, was then put, and carried by the following vote: FOR ADOPTION: Chock, Kagawa, Kuali`i, Rapozo TOTAL— 4, AGAINST ADOPTION: None TOTAL— 0, EXCUSED & NOT VOTING: Hooser, Kaneshiro, Yukimura TOTAL— 3, RECUSED & NOT VOTING: None TOTAL—0. Council Chair Rapozo: Thank you, motion carried. Let us take a short recess. There being no objections, the Council recessed at 4:50 p.m. The meeting was called back to order at 5:00 p.m., and proceeded as follows: Resolution No. 2015-52 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO TERM LIMITS FOR COUNCILMEMBERS: Councilmember Kagawa moved to schedule a public hearing on August 19, 2015 at 1:30 p.m., and that it thereafter be referred to the September 2, 2015 Council Meeting, seconded by Councilmember Kuali`i. Council Chair Rapozo: Any public testimony? There being no objections, the rules were suspended. Council Chair Rapozo: Carl, thank you for your patience. I had no idea that it was going to be this long. CARL IMPARATO: I should have taken you up on your offer this morning. Aloha, Councilmembers. I strongly urge you to reject this Resolution and put it to bed today. In the abstract, there are arguments that could be made for and COUNCIL MEETING 56 JULY 15, 2015 against the concept of term limits, but in the specific case of the Kaua`i County Council, I believe that Councilmembers' term limits are very important. So what we are talking about here is the best structure for local government. Less than nine (9) years ago, Kaua`i's voters had their say on a very generous term limit charter amendment, which provided that a person could serve for four (4) full terms and then could return after just the two (2) year time-out. Kaua`i's voters every clearly stated by an overwhelming sixty-nine percent (69%) to thirty-one percent (31%) majority that they wanted term limits put into place. There is absolutely no reason to think that is such an overwhelming majority, the voters were going to change their minds so dramatically by putting this back on the ballot right now. If we are worried about giving the voters another time to look at the structure of government, we should be putting something that had a closer vote, for example, district elections back on the ballot. See if the voters changed their mind on that. In light of that mandate, it is almost unbelievable that the Council is considering an effort to overturn the term limit measure by putting it back on the ballot. I believe that when Kaua`i's voters spoke in 2006 they were saying that on Kaua`i, County government would function better if there was a better balance between citizens, politicians, and career politicians and if more people had a reasonable opportunity to serve. I believe that when Kaua`i's voters spoke in 2006, they recognized that on Kaua`i, where we do not have district elections, it is extremely difficult unless a non-incumbent plays slate politics or already has tremendous name recognition, it is extremely difficult to overcome the overwhelming advantages that come with an incumbency. Kaua`i's voters decided that the system should be improved by enacting term limits to enable greater and fairer competition. I believe that Kaua`i's voters heard and clearly rejected the argument that any politician from the President of the United States on down to the Kaua`i County Councilmembers, could ever be so important or so valuable that he or she should be allowed to serve without limits, building an ever increasing power base designed to make him or her more and more difficult to unseat. I believe that Kaua`i's voters understood that there is no politician who is so indispensable that it would harm the County for that person to leave the Council for two (2) years and then try to be reelected to the Council as a non-incumbent, especially when compared to the benefits from creating more opportunities for new candidates to serve. I therefore urge you to respect that will of the voters, reject this Resolution, and be done with it. Thank you. Council Chair Rapozo: Thank you very much. Councilmember Kagawa: Carl, you seem to think that ten (10)years ago voters put a lot of thought into the term limits, so let me ask you a question? How many charter amendments were there on the 2006 ballot? Less than five (5), more than ten (10), more than twenty (20)? Mr. Imparato: It varied from year to year. Councilmember Kagawa: 2006. Mr. Imparato: 2006 might have been the year that there were about twelve (12) of them. I do not... Councilmember Kagawa: I think you can Google that, but there were more than twelve (12). I do not think much thought went into each individual charter amendment ten (10) years ago. Second, I think ten (10) years ago, do you not think ten (10) years ago that voters might change the way people think with Bill No. 2491, and all these different issues that have hit Kaua`i? COUNCIL MEETING 57 JULY 15, 2015 Mr. Imparato: Number one, I would think that when we were talking about something that might have won by five percentage points, that may definitely see change, but when we see something that passed seventy (70) to thirty (30), I think it is not very credible that there would be that much change. I do not think that any of the bills that you referred to should have or would have changed the intelligence of the voters, because what we have in terms of term limits have nothing to do with who is on the Council. It has to do with what is the best structure for government to bring most people forward and what do we have to basically balance the benefits of incumbency with the importance of bringing in new people. I do not think that any of the bills whether it was Bill No. 2491 or anything, would change things so dramatically. That is my opinion. Councilmember Kagawa: My opinion is that in ten (10) years it has changed and I think we need less charter amendments so that people can put more thought into each charter amendment. That year we had about twenty (20) of them, including should Parks & Recreation be a department, and all kinds of things. We had so many charter amendments in that year, I flipped my mind when I saw how many amendments there were. 2006 and 2016 is apples and oranges, in my opinion. Mr. Imparato: In 2006 district elections were also on the ballot and that came much closer to passing or failing. Will you be consistent and bring that back to the elections ballot as well? Council Chair Rapozo: Thank you. Any other questions? If not, thank you. Next speaker. Mr. Taylor: I am a hundred percent (100%) behind the issues that Carl raised. I find it sort of sad that there are so many things that need to be attended to in government, and I cannot believe that this would even make a cut on the top fifty (50) in terms of importance. I do not know why we are wasting our time at this point on this issue, but if you are foolish enough to move forward with it, I think that the way it should be worded if it goes to the ballot, that each of you that are currently sitting on the Council be termed out and must sit out one (1) term before you could run for office again. That way you will not be sending any messages that you are being self-serving. Thank you. Council Chair Rapozo: Next speaker. Ms. Cowden: This is probably an enjoyable one for me to comment on. I reject the effort to reverse the term limits, in agreement with Carl, that two to one vote was really very substantial and I do remember how much effort did come into discussion on that. Typically Councilmembers move on to other areas of political service and then move back to the Council two (2) years later, refreshed and stronger. When they do go out, I could give examples of who does really valuable things, with the County Manager versus the mayoral task force coming under discussion, that can coincide with other planning that would go on with the Charter Review Commission. Council Chair Rapozo, are you listening to me? Okay, it looks like you are busy. I am just watching you folks sit there and write. Council Chair Rapozo: Would you rather me not write? Ms. Cowden: Well I mean...eye contact helps. Looking at four (4) year terms, districting, alternating election periods, I think we can take a COUNCIL MEETING 58 JULY 15, 2015 comprehensive look, for example, I think it should be a four (4) year job and full-time. It is really not a part-time job. I think that is something to be looked at. I know from experience that incumbents and challengers do not have anything close to an equal playing field. It is kind of a joke to even hear that. Every single week you folks have six (6) to eight (8) hours of television time. During these campaigns, there are parades, recognition at every dinner, park dedications, it is essentially on the job campaigning. I even thought it was really cute how Arryl would say, "This is Arryl Kaneshiro without the `D'," because he has the name recognition of his father who had years of service on the Council. When there were twenty-four (24) candidates, one and that was Arryl Kaneshiro really came back that was not somewhat of an incumbent, the two (2) of you that were brought in for your first election win, it was not your first time sitting there. When I was running, more than half my banners, literally my banners and signs that would go up on the south and the west side, came down within twenty-four (24) hours. I kind of knew who was going and collecting them all, so that forced me to have to pay for radio and press ads so I could have some kind of name out there that does not get taken down. It is not an even playing field, at all, you will probably win, so I am not sure what the worry is. You will do wonderful things when it is time to take a break. I know you will contribute in other ways. Thank you. Ms. Fountain-Tanigawa: Felicia was the last registered speaker, Council Chair. Council Chair Rapozo: Anybody else wishing to testify? If it is any consolation, Felicia, I had more signs and banners stolen this last campaign season than ever in the history of my political career. There being no objections, the meeting was called back to order. Councilmember Chock: I know that you want to get this to the full Council, and I am supportive of us moving to approve this for a public hearing, and I am looking forward to hearing from others about this item. I am on the side right now of not supporting this Resolution, after some thought on it, based on testimony, what I have heard, and how I feel. I think it is well worth having a discussion, and I will be helping to move this towards a public hearing. Thank you. Councilmember Kagawa: The assumption that is made is that I am self-serving, you are proposing this hoping that it passes, so that you will serve ten (10) years. I do not think myself and Council Chair or anybody around this table is that arrogant. Every two (2) years we run, we do not know what is going to happen. It is like a popularity contest. Like I told my daughter, it is like when you ran for homecoming queen and you lost, you felt bad, and you wondered why, but somethings you just cannot figure out. It is how people vote in that...especially when you can plunk vote. If they plunk vote, it throws everything off. Plunking is block voting or what it is called, but if you do not like the job that I am doing, you do not like the job that Council Chair is doing, you vote us out. That is a perfect way to limit terms. Chair Furfaro got termed out. Tim Bynum got termed out. I will get termed out at some point. Nobody is perfect and it is very tough every two (2) years running on the kind of issues that we have now being on television, getting every article posted in The Garden Island, you do not see the legislature getting this kind of publicity. They do not even have posted meetings as to when they discuss things. Our Kaua`i legislators are just flying under the radar, nobody knows what they are doing, but we are under the microscope 24/7 and we get hammered with, "We are trying to be self-serving here." If you do not like the job we are doing, you can vote us out. You COUNCIL MEETING 59 JULY 15, 2015 pick Felicia, or somebody else. I do not see what the big fuss is about this term limit issue. Again, it is trying to stir up something just for the sake of politics, rhetoric, or whatever is flying around people's heads. It drives me nuts. Thank you. Councilmember Kuali`i: I will just state again for me in my long history of voting and being a part of the political process on all sides, working on other campaigns, registering people to vote, and with the Democratic Party, I do not support term limits, I never did. As a principle in philosophy for State representatives, or Congressional representatives, and for Councilmembers, I do think that the people who work at the closest level with the people every day, day in and day out, we live with our constituents and they know us. The term limits takes away a voter's choice. If you serve four (4) terms and the voters think you did such a really good job engaging, empowering, making a difference, serving the community, whether you did that or not and whether they wanted to vote for you or not, you take that away from them, they cannot vote for you. It is just written into the system. For what reason? Just because you want to give somebody different a chance. Anybody different always has a chance. There are only seven (7) seats, twenty (20) people can run. There is always a chance that somebody can replace somebody. I agree with some of your comments that maybe the system could be changed in different ways. For me personally, I do not like the seven (7), everybody is running against everybody because then it is more of a popularity contest. If individuals were running against individuals for numbered seats, then the people who are doing well, may not even be challenged. The people who are upsetting the voters, will get challenged, and then the challenger and the incumbent can go head to head, talk about the issues, and again give voters a real choice based on issues and record. Term limits, that is not the way to give voters more choice, but there are other ways, perhaps. Council Chair Rapozo: Thank you. Any other comments? If not, I think you heard my comments this morning. No sense repeating them. Roll call. The motion to schedule a public hearing on August 19, 2015 at 1:30 p.m., and that it thereafter be referred to the September 2, 2015 Council Meeting was then put, and carried by the following vote: FOR MOTION: Chock, Kagawa, Kuali`i, Rapozo TOTAL— 4, AGAINST MOTION: None TOTAL— 0, EXCUSED & NOT VOTING: Hooser, Kaneshiro, Yukimura TOTAL— 3, RECUSED & NOT VOTING: None TOTAL— 0. Council Chair Rapozo: Motion carried. Next item. BILLS FOR FIRST READING: Proposed Draft Bill (No. 2459) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Special Standards For Issuance Of Farm Worker Housing Use Permits): Councilmember Kagawa moved for passage of Proposed Draft Bill (No. 2459), on first reading, that it be ordered to print, that a public hearing thereon be scheduled for August 19, 2015, and referred to the Planning Committee, seconded by Councilmember Kuali`i. There being no objections, the rules were suspended. COUNCIL MEETING 60 JULY 15, 2015 Ms. Cowden: I am going to own that I had a hard time getting a good look at that piece of legislation and I tried to go through all the minutes that were there that came from the Department of Planning. I just wanted to call attention to how important it is that we look at farm worker housing. I was trying to look at the longer minutes of the Planning Commission Meeting, and I was not able to print it all out. There were some things in there relating to Kekaha, please correct me, Council Chair, is that part of what is in this particular ordinance that you are looking at? Because as I was looking, there are government roads, there were a lot of things going on in Kekaha that I was unclear on, so I could not get a good print out on what you are exactly looking at. I do not have a lot to say. I am just giving a simple statement that we need farm worker housing. I know that it had something to do with those having agricultural dedications by 2010. That concerns me a bit because the direction that we set is a goal, and it is to have more and more farms. It seems like we need families and farm workers. I hope that this is done with care, that we do not just close the door on anybody being able to have farm worker housing or farms. I want to give a shout out to whomever does the County website, they have the links in there now and we can go in there and we can go in there to get more detail. That is huge, but just more than my printer could handle. Thank you. Council Chair Rapozo: Thank you. Ms. Fountain-Tanigawa: The next speaker is David Neaves, but he is not here. (David Neaves was not present.) Council Chair Rapozo: Is that it? Anyone else? The meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Any further discussion? If not, roll call. The motion for passage of Proposed Draft Bill (No. 2459), on first reading, that it be ordered to print, that a public hearing thereon be scheduled for August 19, 2015, and referred to the Planning Committee was then put, and carried by the following vote: FOR PASSAGE: Chock, Kagawa, Kuali`i, Rapozo TOTAL— 4, AGAINST PASSAGE: None TOTAL— 0, EXCUSED & NOT VOTING: Hooser, Kaneshiro, Yukimura TOTAL — 3, RECUSED & NOT VOTING: None TOTAL — 0. Proposed Draft Bill (No. 2498) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO BUS STOPS FOR COMMERCIAL DEVELOPMENT (Kaua`i County Council, Applicant): Councilmember Kagawa moved to receive Proposed Draft Bill (No. 2498) for the record, seconded by Councilmember Kuali`i. Council Chair Rapozo: For your information, Matt, the motion to receive will kill this Bill. There being no objections, the rules were suspended. COUNCIL MEETING 61 JULY 15, 2015 Mr. Bernabe: I was mostly trying to understand it. It was confusing and that is why I came up here. I wanted to see if that was just related to buses or all infrastructure. Is it just bus stops that we are talking about...the developers picking up... Council Chair Rapozo: It was just talking about if they provided a bus stop at their business that they would be able to...they would get a reduction in the required number of parking spaces for their establishment. When they go in to get the permits, there is a requirement for so many parking stalls, so if they provide a bus stop or a bus turn-around, that number would be decreased. I am not sure why it is being received, I do not know why. I guess my question, I am sorry, why do you not finish your testimony. Mr. Bernabe: I am still a little confused. How can we read up more on this? It just raised a red flag for me, because I want to have investors when they first go in not only put up bus stops, but all the other things to make a community function or at least pick up a big chunk of...if they are going to be able to convert over to a zoning that is going to make them a lot of money, they should be able to put some money into the infrastructure. I was confused all the way around, but then I was mostly wondering if it was just for buses. I guess I will have to listen or somehow...how can I get more on this? Council Chair Rapozo: It is going to end today. Mr. Bernabe: It is going to end today? Council Chair Rapozo: Yes. It is going to be killed. You can ask the County Clerk or anybody else that knows why. Mr. Bernabe: Thank you very much. Council Chair Rapozo: Anyone else wishing to testify? The meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Jade, I am not sure why this thing is signed and introduced by Nadine Nakamura. Ms. Fountain-Tanigawa: This Proposed Draft Bill was sent to the Department of Planning when Nadine was a Councilmember, and it went through the public hearing process, they vetted it, and in their evaluation contained in C 2015-189, which was signed by the Deputy Director of Planning, stated that under the zoning amendment, the Department's proposal to relax the parking standards for commercial developments negates the ability for the subject draft bill to remove disincentives or commercial developments to provide bus facilities, and further the adoption of subject draft bill is therefore unnecessary, and the Kaua`i County Council should receive the draft bill for the record. Council Chair Rapozo: Okay. So as a request of the Department of Planning. Ms. Fountain-Tanigawa: Yes. They feel it is not necessary. Council Chair Rapozo: Okay. I will be in agreement with that. COUNCIL MEETING 62 JULY 15, 2015 The motion to receive Proposed Draft Bill (No. 2498) for the record was then put, and carried by the following vote: FOR RECEIPT: Chock, Kagawa, Kuali`i, Rapozo TOTAL— 4, AGAINST RECEIPT: None TOTAL— 0, EXCUSED & NOT VOTING: Hooser, Kaneshiro, Yukimura TOTAL— 3, RECUSED & NOT VOTING: None TOTAL — 0. Proposed Draft Bill (No. 2591) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND AND SEWER FUND (Kauai Lagoons Resort Wastewater Treatment Capacity Assessment Refund - $758,550): Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2591), on first reading, that it be ordered to print, that a public hearing thereon be scheduled for August 19, 2015, and referred to the Budget & Finance Committee, seconded by Councilmember Kagawa. There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion for passage of Proposed Draft Bill (No. 2591), on first reading, that it be ordered to print, that a public hearing thereon be scheduled for August 19, 2015, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Chock, Kagawa, Kuali`i, Rapozo TOTAL — 4, AGAINST PASSAGE: None TOTAL — 0, EXCUSED & NOT VOTING: Hooser, Kaneshiro, Yukimura TOTAL— 3, RECUSED & NOT VOTING: None TOTAL— 0. Proposed Draft Bill (No. 2592) — A BILL FOR AN ORDINANCE TO AMEND SECTION 2, ORDINANCE NO. 891 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS AND REFUNDING CERTAIN BONDS OF THE COUNTY; FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC: Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2592), on first reading, that it be ordered to print, that a public hearing thereon be scheduled for August 19, 2015, and referred to the Budget & Finance Committee, seconded by Councilmember Kagawa. There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: COUNCIL MEETING 63 JULY 15, 2015 Council Chair Rapozo: I am trying to figure out if this is a request to authorize more bonds or is it just to restructure the current bond that is existing. It looks like the same bond ordinance. Ms. Fountain-Tanigawa: During our budget process, the bond projects are listed in the CIP budget, so we need to have those projects listed in compliance with the current bond ordinance. Council Chair Rapozo: Okay, got it. Councilmember Chock: Thank you, Council Chair, for trying to get clarity on it, because I am a little confused on it as well. My only request is that as this moves to Committee, we get the our Finance Director involved in this, but also if necessary the Water Department or any other departments associated with this. Ms. Fountain-Tanigawa: I do not know if you remembered, but previously we did something similar to update the original bond ordinance with the current projects listed. I am not sure what year the new law came into place where the projects needed to be listed in the ordinance itself. It incorporates all of the current projects in the CIP budget. Council Chair Rapozo: Okay. Any other discussion? If not, roll call. The motion for passage of Proposed Draft Bill (No. 2592), on first reading, that it be ordered to print, that a public hearing thereon be scheduled for August 19, 2015, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Chock, Kagawa, Kuali`i, Rapozo TOTAL — 4, AGAINST PASSAGE: None TOTAL — 0, EXCUSED & NOT VOTING: Hooser, Kaneshiro, Yukimura TOTAL — 3, RECUSED & NOT VOTING: None TOTAL — 0. BILL FOR SECOND READING: Bill No. 2589 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 13, SECTIONS 13.1 AND 13.2, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE RECOVERY OF RESCUE EXPENSES: Councilmember Kagawa moved for adoption of Bill No. 2589 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Councilmember Kuali`i. Council Chair Rapozo: Discussion? Councilmember Chock: I met with the Director of Finance on the item regarding the TAT (transient accommodations tax), so we have an update on that. It is included in the task force discussion as a whole in the Operating Budget, so I think that there is some work being done. Regarding State Parks, I did meet with Steve Thompson, and they do have some series of things planned out for the issues that we are discussing, and I am happy to update you folks now, but I know that time is an issue here. Regarding the Bill though, if I can skip that really quickly, you have all received through Council Services a response from the FAA (Federal Aviation Administration) saying that they will be not able to give us a response until November. I have shared that with Fire 1 (Fire Chief) and through E-mail, Fire 1 COUNCIL MEETING 64 JULY 15, 2015 has asked that we defer this item until we can actually get the response. I wanted to have Fire 1 here to respond to his reasoning for that, because as we have discussed here, it seems to me somewhat insignificant in terms of what it is we are proposing in the current amendment. That is where we are now. If you would like to defer on some of the other items or give an update on what the State is doing, I can do that at another time. It is up to you. Council Chair Rapozo: I am surprised that the Feds will take five (5) months to respond on a public versus private helicopter. I will defer to the three (3) of you, if you want to defer this until November...that is kind of a long time. Councilmember Chock: It is. Council Chair Rapozo: The Bill seeks to just bring this vehicle into compliance with the State law. There are only four (4) of us here, so we need four (4) votes. I am not sure what the wishes of all of you are, but either way, if you want to defer it, I am fine, but if you want to move this out of here so that we can change the language and we can be in alignment with the State's statute, which does not require the County to charge any money...nothing will change except that we will be in alignment with the State statute. Councilmember Kagawa: I have not heard anybody opposed to this, any residents, who have watched the Council Meetings. I say let us do it. It is one (1) more step closer to possibly getting reimbursement for stupidity. Councilmember Kuali`i: As far as aligning with the State's statute as it currently is, we all agree that changing the gross negligence to intentional disregard for safety was just a language change to put it in alignment with the State's statute. In the future we can do further changes, but I do not see any problem with making this change now. Councilmember Chock: If I could just verify with Fire 1, that is why I asked them to be here. He had requested a deferral and I do not want to lose sight of that. Thank you. There being no objections, the rules were suspended. ROBERT F. WESTERMAN, Fire Chief: I am in favor of the Bill. The only reason I requested the extension was to wait for the FAA ruling, because the understanding is, even if you approve it today and you move forward, I can really take no action to respond to the ordinance, until the FAA rules. If the FAA ruling, depending on how you look at comes back negative or positive, it could mean that we are just back here repealing the whole ordinance. That is the only reason I said let us defer it since we do not have a definitive answer, and I am glad the Council took the action to really get it in writing from them because I was struggling trying to get something in writing from the FAA. That is my only reason for deferring it. Councilmember Kuali`i: Just to clarify what you are saying, making the change is not a problem, and in November when we hear back from them, we may need to repeal the whole thing whether it is the one that we are currently looking at or the one with the changes. Mr. Westerman: Right. COUNCIL MEETING 65 JULY 15, 2015 Councilmember Kuali`i: So making the changes is no problem. Mr. Westerman: Plus, once you pass and approve it, now I am really...unless you tell me, "Put the brakes on," I am obligated to start taking some action because there is an ordinance in front of me that I am really required to take action with. And how much action I can really take, really might not be anything until we really can determine what the FAA is going to determine, to allow us to do. Does that make sense? Councilmember Kuali`i: Yes, but more than anything the change here, is more about a definition rather than what constitutes an action. Mr. Westerman: Yes. Councilmember Chock: I know what is driving your question is really the request for administrative rules. Mr. Westerman: Yes. Councilmember Chock: So that being said, if this does pass, we would ask you and in your E-mail you stated, "requested up to a year to promulgate those details." I think it is a good direction and I think the Council would like to decide on this today. I support on moving this forward given all that has been suggested. Council Chair Rapozo: The Bill is only enabling, so it is not really mandating that we charge, but was there in the Bill...and I only have the amended version, but is it time specific as to when the administrative rules need to be promulgated? Mr. Westerman: Not in the ordinance. Council Chair Rapozo: Okay. Yes, the ordinance does not state, but it does not talk about the...so basically it is at your...we can do it in a motion that we approve this today to change the definition to allow the Chief to wait for the FAA decision. We can just state that for the record, that we wait for the FAA decision in November or later to start talking about the administrative rules. Obviously, we want to wait for that. Mr. Westerman: Thank you. Council Chair Rapozo: I just would rather get it out, but like I said, it is up to you folks. This does not charge anybody at this point, though Chief. Any other questions for the Chief? Mr. Bernabe: While we have the Chief in the house, I would like to just angle my questions to, when 911 is dialed, does the DLNR (Department of Land and Natural Resources) State's Agent get informed that he has a crisis in a State trail, or is it strictly the County's job and prerogative? I have been from the start saying that most of these "hang-ups" are on State trails and that we need some of them to take care of the problem. Unless somebody has a broken back, or bleeding leg, yes, the Fire Department comes in, but if it is a hundred and twenty-one (121) "turkeys" stuck behind the river because they did not see the raincloud, let DLNR go in there with a hundred and twenty-two (122) MREs (Meals Ready to Eat), and stay in there with those folks. Part of the process is to put the DLNR's number right next COUNCIL MEETING 66 JULY 15, 2015 to 911 for these kinds of problems. If this passed today and he had to do something about it, that is the step that the Fire Department can do, "DLNR, we have a hundred and twenty-one (121) people on the Kalahau Trail, Hanakapi`ai Trail, get your mules ready, you have to go in horseback." "Oh, maybe we can do an airlift and drop them some food." I am just saying this is a State issue, and not too many County Trails need the Fire Department, so we should not be the only agencies being called when someone calls 911. There should be a little attachment for DLNR, just like ambulance, police, and fire. DLNR needs to be on this because it is their trail. The meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Thank you, Matt. When the 911 call comes in, the Dispatcher does notify DLNR. Unfortunately, they do not have the helicopter, so the Chief is...anyway. Councilmember Chock: I want to get this out of Council as well. The discussion that we had about the two (2) different types of helicopters, I think is something we can follow-up on as the Council...I do not know if I mentioned this the last time, but Maui does have two (2) different types of charges. Is that the direction that we want to go to, I think that is worth further discussion. They have the ability to look at doing a public service, and also a private service. In the case of having a hundred and twenty-one (121) people, for instance, as a taxi service, that might be a direction that we might want to consider in the future, but we would have to delineate the kind of response that we want to do in the future and we would have to have the equipment to support it. Another issue that I am going to be following up on with the State, they had mentioned that they are working on a shuttle system for Ke`e, interestingly enough, and so they are going to be working with other stakeholders on that need. They are also looking at an emergency box in Hanakapi'ai, a shed, with actual emergency responses, for example, MREs and those kinds of things. Also, in the works, a bridge is in design right now, and that might...a fair warning right now that is coming up and you should be aware of that too to have that discussion as they move forward on that. They are also increasing PSAs on some of the needs out there, and one of the things they asked for in request of this Council is to help them as right now, they do not have service out there. I am talking about cable service or DSL (digital subscriber line) which would hugely increase their capacity in terms of response. They are talking about a kiosk in the future, but that is at the head of the trail way, and it is either charging people a fee to hike or the charge for parking, which is not a very big area, as you all currently know. As I said, I will be following up on some of these with the State. I think there is more discussion worth having at the legislative side on some of the things we have talked about regarding permitting and other fees with the State. Thank you. Council Chair Rapozo: I have been to many State and National parks that charge you to drive in, a small amount, some is per car, some is per head, and if you think about Ke`e Beach, the amount of cars that go in and out, the State could make some money that could sustain an operation out there. I think at some point, the County is going to have to say, "You know what, we are going to have to start charging you for the service." We will pursue that. Thank you, Councilmember Chock, for staying on that and we can get a report in the future. With that, roll call. The motion for adoption of Bill No. 2589 on second and final reading, and that it be transmitted to the Mayor for his approval was then put, and carried by the following vote: COUNCIL MEETING 67 JULY 15, 2015 FOR ADOPTION: Chock, Kagawa, Kuali`i, Rapozo TOTAL — 4, AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: Hooser, Kaneshiro, Yukimura TOTAL — 3, RECUSED & NOT VOTING: None TOTAL — 0. Council Chair Rapozo: And the last item, you already read the item, the Executive Session. I requested that because of the claim. We have been getting a lot of traffic accidents involving the Transportation Department, the buses, and I did chat with Mauna Kea, and they did provide us with a list or chart, which I am satisfied with. I do not need to go into Executive Session, so unless any of you do, I will be asking for a motion to receive. Councilmember Kagawa moved to receive ES-809 for the record, seconded by Councilmember Kuali`i, and carried by a vote of 4:0:3 (Councilmembers Hooser, Kaneshiro, and Yukimura were excused). ADJOURNMENT: There being no further business, the meeting was adjourned at 5:45 p.m. Resp• tfully submitted, JAD' . FOUNTAIN-TANIGAWA County Clerk :dmc Attachment A (July 15, 2015) FLOOR AMENDMENT Resolution No. 2015-51, REQUESTING THE STATE OF HAWAII TO RENAME KAPULE HIGHWAY AS THE KAUAI VETERANS MEMORIAL KAPULE HIGHWAY Introduced by: KIPUKAI KUALII Amend Resolution 2015-51 by amending the title to read as follows: "RESOLUTION REQUESTING THE STATE OF HAWAII TO RENAME A SECTION OF KAPULE HIGHWAY AS THE [KAUAI VETERANS MEMORIAL KAPULE HIGHWAY] KAUAI VETERANS MEMORIAL HIGHWAY" Amend Resolution 2015-51 by amending the 4th paragraph to read as follows: "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII, that the Kaua`i County Council requests the State of Hawai`i to recognize the sacrifices made by our armed forces by designating a section of the Kapule Highway on the island of Kaua`i, Hawai`i, as the [Kaua`i Veterans Memorial Kapule Highway] Kaua`i Veterans Memorial Highway." Amend Resolution 2015-51 by amending the 5th paragraph to read as follows: "BE IT FURTHER RESOLVED, that the Kaua`i County Council requests that the State of Hawai`i erect and maintain appropriate signage renaming a section of Kapule Highway, from Rice Street to Ahukini Road, as the [Kaua`i Veterans Memorial Kapule Highway] Kaua`i Veterans Memorial Highway." Amend Resolution 2015-51 by amending the 6th paragraph to read as follows: BE IT FURTHER RESOLVED, that the Kaua`i County Council requests that renaming a section of Kapule Highway through this Resolution shall not be deemed to affect any federal or state funding for Kapule Highway. (Material to be deleted is bracketed. New material to be added is underscored.) V:\AMENDMENTS\2015\07-15-2015 Kapule Highway KK CNT_cy.doc 1