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HomeMy WebLinkAbout08/23/2017 Council minutes COUNCIL MEETING AUGUST 23, 2017 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, August 23, 2017 at 8:31 a.m., after which the following Members answered the call of the roll: Honorable Arthur Brun Honorable Mason K. Chock Honorable Ross Kagawa (present at 8:33 a.m.) Honorable Derek S.K. Kawakami Honorable JoAnn A. Yukimura (present at 9:19 a.m.) Honorable Mel Rapozo Excused: Honorable Arryl Kaneshiro Council Chair Rapozo: I have a note that says that Councilmember Yukimura will be arriving at about 9:00 a.m. and I think Councilmember Kagawa is in the building. Can I have a motion to approve the agenda, please? APPROVAL OF AGENDA. Councilmember Kawakami moved for approval of the agenda as circulated, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion or public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to approve the agenda as circulated was then put, and carried by a vote of 4:0:3 (Councilmembers Kagawa, Kaneshiro, and Yuhimura were excused). Council Chair Rapozo: Next item, please. JADE K. FOUNTAIN-TANIGAWA, County Clerk: The next item are items on the Consent Calendar for receipt. COUNCIL MEETING 2 AUGUST 23, 2017 CONSENT CALENDAR: C 2017-185 Communication (07/11/2017) from the Director of Finance, transmitting for Council information, the Fourth Quarter Statement of Equipment Purchases for Fiscal Year 2016-2017, pursuant to Section 17 of Ordinance No. B-2016-812, the Operating Budget of the County of Kaua`i for Fiscal Year 2016-2017. C 2017-186 Communication (08/10/2017) from the Housing Director, transmitting for Council consideration, a Resolution Authorizing The Kauai County Housing Agency To Apply For A State Dwelling Unit Revolving Fund Loan To Develop And Construct Infrastructure Improvements For The Lima Ola Workforce Housing Project And To Enter Into A Loan Agreement With Hawai`i Housing Finance And Development Corporation. C 2017-187 Communication (08/15/2017) from the Director of Finance, transmitting for Council information, the Inventory Report for the Fiscal Year Ending June 30, 2017. Ms. Fountain-Tanigawa: Chair, for C 2017-188, we do have a registered speaker. Council Chair Rapozo: Okay. Can I have a motion to receive C 2017-185, C 2017-186, and C 2017-187? Councilmember Chock moved to receive C 2017-185, C 2017-186, and C 2017-187 for the record, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion or public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to receive C 2017-185, C 2017-186, and C 2017-187 for the record was then put, and carried by a vote of 4:0:3 (Councilmembers Kagawa, Kaneshiro, and Yukimura were excused). Council Chair Rapozo: Can you read C 2017-188? There being no objections, C 2017-188 was taken off the Consent Calendar. C 2017-188 Communication (08/16/2017) from Councilmember Kawakami, transmitting for Council consideration, a Resolution Expressing Support From The County Of Kaua`i For The State Legislature's Approval Of An Extension Of The General Excise And Use Tax Surcharge For The City And County Of Honolulu Which Is Necessary To Enable The Completion Of The Minimum Operable Segment (East Kapolei To Ala Moana Center) Of The Honolulu High-Capacity Transit Corridor COUNCIL MEETING 3 AUGUST 23, 2017 Project: Councilmember Chock moved to receive C 2017-188 for the record, seconded by Councilmember Brun. (Councilmember Kagawa was noted as present.) Council Chair Rapozo: With that, I will use the testimony presented for this communication and we will put it on to the Resolution that will come up later today. If you want to speak on this, you will have an opportunity to speak at this one. With that, I will suspend the rules. Can we get the first speaker? There being no objections, the rules were suspend to take public testimony. Ms. Fountain-Tanigawa: The first registered speaker is Glenn Mickens, followed by Ken Taylor. GLENN MICKENS: Thank you, Council Chair Rapozo. You have a copy of my testimony. In my opinion, Kaua`i and our other outer islands should not be involved in any part of that "white elephant" rail system on O`ahu. I have contacted our four (4) State Representatives and have emphatically told them that not one penny of our taxes, Transient Accommodations Tax (TAT), General Excise Tax (GET), or any other tax should go to help Oahu bail themselves out from that ill- planned project. A twenty-mile rail system for a cost of ten billion dollars ($10,000,000,000), which went from five billion dollars ($5,000,000,000) to ten billion dollars ($10,000,000,000), and possibly even more before it gets done, if it ever gets done, it will never help the mass of the people on O`ahu, nor will it ever help our overburdened taxpayers on Kauai. We have enough of our own unsolved problems on Kauai to take care of: road resurfacing; traffic; true low-income housing; solid waste with no new landfill sited, no Materials Recovery Facility (MRF), and no home- recycling, pick-up at homes like on the mainland; the homeless problems; and many, many more. Oahu dug themselves this hole without proper planning, so let them find a ladder big enough to get them out without asking us to help them. It appears that Resolution No. 2017-44 is asking for our support for the State Legislative's • approval of an extension of the General Excise Tax and Use Tax surcharge. That will only compound the mistake they made by starting this boondoggle. More and more funds are needed. What I can see happening is the State cutting our share of the TAT tax even more than they do now and use it to cover this gigantic mistake that never should have happened. Thus, I would urge this Council to stay away from this mess in any size, shape, or form and make sure that the legislature does not open the back door to get our money to pay for it. Like Amtrak, the operation of this rail system will be heavily subsidized by local, state, or federal taxes. Again, the largest percent of the population will still use their vehicles for transportation, not trains, buses, bikes, or walking. With all due respect to Councilmember Kawakami, I just maintain that we should not even get into this thing. It is not our problem; it is their problem. A few people that are going to get any help from this, if we go over to O`ahu for anything, we jump into a cab and go to the doctor or whatever it happens to be. We are not going to get on a twenty-mile rail system that goes to practically nowhere. Thank you very much. Council Chair Rapozo: Thank you. Anyone else wishing to testify? COUNCIL MEETING 4 AUGUST 23, 2017 KEN TAYLOR: Chair and Members of the Council, Ken Taylor. I am adamantly opposed to Resolution No. 2017-44. A couple of years ago, the Department of Transportation made a presentation here on the island predicting that we, here on Kaua`i, up to year 2035, was going to need about three billion five hundred million dollars ($3,500,000,000) worth of work as they projected it. They also indicated at that time that the money that we probably would be getting would be about six million five hundred thousand dollars ($6,500,000). If we are going to raise taxes, and I am not advocating to raise taxes, but if we are going to raise taxes to do something, then we should be doing it for our own benefit here on the island. We have one hundred million dollars ($100,000,000) worth of road repair work that the County is looking at and they do not know where to get the money to do all of that. I am opposed to raising money and sending it off to Honolulu for their project. There were a lot of people that were opposed to the project when it first started. I cannot imagine how really unhappy they are with it now. If we are going to do anything with taxes, let us raise our taxes and keep them here on the island to do the work that we need to get done; not raise taxes and send it to Honolulu to satisfy their boondoggle. Thank you. Council Chair Rapozo: Anyone else? Seeing none, I will call the meeting back to order. We will have the discussion at the Resolution, but is there anyone wanting to make comments at this point? Seeing none, the motion is to receive. There being no further testimony, the meeting was called back to order, and proceeded as follows: The motion to receive C 2017-188 for the record was then put, and carried by a vote of 5:0:2 (Councilmembers Kaneshiro and Yukimura were excused). Council Chair Rapozo: Next item, please. COMMUNICATIONS: C 2017-189 Communication (08/01/2017) 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 Kauai 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, to account for the current Capital Improvement Projects that were not originally cited in the initial bond issuance: Councilmember Kagawa moved to receive C 2017-189 for the record, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion or public testimony? There being no objections, the rules were suspended to take public testimony. COUNCIL MEETING 5 AUGUST 23, 2017 There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to receive C 2017-189 for the record was then put, and carried by a vote of 5:0:2 (Councilmembers Kaneshiro and Yukimura were excused). Council Chair Rapozo: Next item, please. C 2017-190 Communication (08/09/2017) from the Prosecuting Attorney, requesting Council approval, to use unexpended salaries for position #9102, Process Server; due to the decrease in Fiscal Year 2017 Edward J. Byrne Justice Assistance Grant (JAG) funds and the increase in collective bargaining costs for Hawai`i Government Employees Association (HGEA) Bargaining Unit 3, funding for the position is short by $2,103.00: Councilmember Kagawa moved to approve C 2017-190, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion or public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to approve C 2017-190 was then put, and carried by a vote of 5:0:2 (Councilmembers Kaneshiro and Yukimura were excused). Council Chair Rapozo: Next item, please. C 2017-191 Communication (08/09/2017) from the Prosecuting Attorney, requesting Council approval, to apply for, receive, and expend Federal funds, in the amount of$26,470.00, from the Edward J. Byrne Memorial Justice Assistance Grant (JAG) Fiscal Year 2017 Local Solicitation Grant, to continue employment of the 0.25 Full-Time Equivalent (FTE) Process Server to continue process serving for the Office of the Prosecuting Attorney, purchase office supplies, and allow officers of the Kauai Police Department the ability to attend training sessions. The grant will commence on October 1, 2016 through September 30, 2020: Councilmember Kagawa moved to approve C 2017-191, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion or public testimony? Councilmember Kagawa. Councilmember Kagawa: I just have a quick question. I just wanted to know what the job of that Process Server is. Council Chair Rapozo: They serve all of the subpoenas. Councilmember Kagawa: So is it a quarter-time position? Council Chair Rapozo: I can bring her up if you want to. COUNCIL MEETING 6 AUGUST 23, 2017 Councilmember Kagawa: Yes. Council Chair Rapozo: Okay. I will suspend the rules. There being no objections, the rules were suspended. JAMIE OLIVAS, Grant Coordinator: Jamie Olivas, Grant Coordinator for the Office of the Prosecuting Attorney. The rest of the funding is funded through the County Budget. Councilmember Kagawa: So it is a full-time position, just point two five (0.25) comes from the... Ms. Olivas: From the grant and the rest has been coming from the County Budget. Councilmember Kagawa: Okay. Do we have somebody there doing it? Ms. Olivas: Yes. Councilmember Kagawa: And that person, like the Chair said, helps? Ms. Olivas: Yes, so the Process Server serves all of the legal documents in our office, like subpoenas and any documents that we have. Councilmember Kagawa: Okay. Thank you. Council Chair Rapozo: Thank you. I will call the meeting back to order. Any further discussion? There being no objections, the meeting was called back to order, and proceeded as follows: The motion to approve C 2017-190 was then put, and carried by a vote of 5:0:2 (Councilmembers Kaneshiro and Yukimura were excused). Council Chair Rapozo: Thank you. Next item, please. C 2017-192 Communication (08/10/2017) from the Director of Finance, transmitting for Council consideration, proposed amendments to Ordinance No. B-2017-822, as amended, relating to the Fiscal Year 2017-2018 Capital Improvement Projects (CIP) Budget, to increase funding of the Wailua Waste Water Treatment Plant Improvements/Renovations Project in the amount of $500,000.00: Councilmember Kagawa moved to receive C 2017-192 for the record, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion? Councilmember Kagawa. COUNCIL MEETING 7 AUGUST 23, 2017 Councilmember Kagawa: I know this is only first reading, but I would just like to get a brief description of the project. Council Chair Rapozo: Okay. With that, I will suspend the rules. For your information, I believe our Director of Finance is on a schedule and has to catch a flight today. So any of these matters that will come up later in the Bill, if you have questions, let us accommodate the questions for the Director. There being no objections, the rules were suspended. LYLE TABATA, Acting County Engineer: Lyle Tabata, Acting County Engineer. Councilmember Kagawa: Thank you for being here. Mr. Tabata: This is for a stop-gap measure. This is also in the bond, but we want to bring money forward in case the bond issuance timing does not meet our deadline with the Department of Health of October 30th of this year. This is for us to hire a consultant to review alternatives of a previous study to then determine what we are going to design for the effluent system for the Wailua Waste Water Treatment Plant so that we can, in time, shut down the outfall, which we are being mandated to do by the Department of Health. Councilmember Kagawa: So if you can kind of go back a little bit... Mr. Tabata: So previously, going back about three (3) years ago, we were notified, the State passed a Hawaii Revised Statutes (HRS) mandating no discharges from a waste water treatment plant whatsoever into the ocean. Councilmember Kagawa: Yes, that is a slam-dunk. We should avoid doing that. So this will help us to come up with a plan? Mr. Tabata: Presently, our effluent does discharge from time-to-time. Say when we have inclement weather and the golf course cannot take our effluent, we discharge. We also discharge periodically to keep the outfall clear of sand buildup. Council Chair Rapozo: Real quick, that is treated. Mr. Tabata: Yes, it is treated effluent and completely meets regulatory standards. Councilmember Kagawa: So right now, Wailua Golf Course picks up one hundred percent (100%)? Mr. Tabata: Except during inclement weather periods and when we need to, for maintenance reasons, discharge to keep the discharge clear of sand buildup. COUNCIL MEETING 8 AUGUST 23, 2017 Councilmember Kagawa: Okay. Thank you. Council Chair Rapozo: Councilmember Brun. Councilmember Brun: Are we looking at a possible plan on moving that? Mr. Tabata: So the options presented to us was to design and install what we are calling, in simplified terms, a"leach field in the driving range" and other areas of the golf course to absorb the effluent. It cannot be used for irrigation. Councilmember Brun: Okay. So this is just that one that was going into the ocean, right? Mr. Tabata: Yes. Councilmember Brun: Do we have bigger plans on moving that treatment plant completely? Mr. Tabata: As a long-term solution, we are trying to work with surrounding landowners for options. Councilmember Brun: Okay. I talked to the Department of Hawaiian Homelands (DHHL) and they are willing to work with us, so please push that issue. Thank you. Mr. Tabata: Thank you. Council Chair Rapozo: Councilmember Chock. Councilmember Chock: Just around the same conversation, given the General Plan and DHHL as one of the landowners, looking at...I do not know when their timeframe is to buildout, but the capacity of the next waste water treatment facility—is that all being taken into consideration? Mr. Tabata: Yes. Councilmember Chock: Thank you. Mr. Tabata: In looking at the General Plan, projected buildouts or possible buildouts, talking to exactly what was mentioned, surrounding landowners on their needs, trying to meet all of the needs of the General Plan are items for consideration. Councilmember Chock: Is it referenced in the General Plan? This is one of the issues that have been coming up in terms of the lack of recognition of the buildout in that area and if there is a need to reference that. COUNCIL MEETING 9 AUGUST 23, 2017 Mr. Tabata: It is part of what we are studying. Councilmember Chock: Okay. Thank you. Council Chair Rapozo: Councilmember Kagawa. Councilmember Kagawa: Going back to the capacity of the Wailua Waste Water Treatment Plant, is it at full capacity to what it can handle? Mr. Tabata: No, it is not. Councilmember Kagawa: If it is not, then what is the plan? Are we going to add more users? Are we thinking of that? Mr. Tabata: For this instance, we are just studying the discharge of the effluent. We have another, what we call a "facility plan" and we have been updating the facility over the last ten (10) years, and probably even longer, to meet the needs of present day, and I would say up to another twenty percent (20%) capacity for flow. Councilmember Kagawa: I remember one time when we talked about the "nice smell" that you get while passing that area and I heard in the past from Ed Tschupp that the smell is because sometimes there is not enough flow in the pipes, which I do not know if that made sense or not to me, but I am thinking that if we add more flow then we get less smell. But on the backend, we get more discharge that we have to deal with. I am thinking that if we are dealing with the discharge, are we figuring in the expansion flow as well? We do not want to just project...now, we have to project forward a little bit. Like you said, we are adding twenty percent (20%). Mr. Tabata: The flow issue that you speak to is because it happens during the wrong time of the twenty-four-hour clock, meaning the flows are extremely low from 10:00 p.m. to 4:00 a.m., and to try and move the flow so that we get the volume we need to preempt the odors is the challenge. Councilmember Kagawa: I get you now. It is hard to control the use. Mr. Tabata: At the plant, the other challenge is...we are already working on plans to encapsulate the head works and prevent the odors from escaping from the facility itself. The other issues is the collection system. Councilmember Kagawa: Thank you. Mr. Tabata: Thank you. Council Chair Rapozo: Any other questions? If not, thank you very much. Mr. Tabata: Thank you. COUNCIL MEETING 10 AUGUST 23, 2017 Council Chair Rapozo: Any public testimony? Mr. Mickens. Mr. Mickens: For the record, Glenn Mickens. Thank you, Chair Rapozo. I have been here for twenty-seven (27) years and that smell has been there since. I heard our Acting County Engineer say that it is going to be encapsulated and that they are working on it, but how can it possibly take that long? There must be something you can do to add to the effluent to be able to stop the smell, whether it is there by Coco Palms and whether it is down at Lydgate Park, the smell is there. People complain about it, from the hotels and everybody. I cannot see that a problem like this should take that long, and it is still not completed. Anyway, I think something should be done. We should investigate to find out why it is not being done. Thank you. Council Chair Rapozo: Anyone else? Seeing none, I will call the meeting back to order. There being no further testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: We will have some discussion on the Bill, but I do want to just make a comment that Councilmember Brun has spent a lot of time working with the State on this issue, and I would ask going forward, that maybe Councilmember Kagawa, the Department of Public Works, and...the reality is that that facility is not going to be sufficient for this island. Maybe some people do not want to see any homes built, but DHHL has property in that area that they want to build homes for the Hawaiian community. There are opportunities for affordable housing. That facility is not going to be sufficient. I agree with Councilmember Brun that we have to move forward with these discussions and potentially move that system across the highway, up mauka, and in fact, build a better system, number one, but one that could accommodate the future growth of this island. It is going to happen and we cannot expect that facility, with all the new regulations that are coming down, to work. Maybe that is something that Councilmember Brun and Councilmember Kagawa can do, along with Lyle folks, to try to figure out how we can expedite that move. We could spend a lot of money now on an old system or we could start planning for the future and allocate our resources on a new system, which is going to be sufficient. Anyway, those are just my comments. Councilmember Kagawa. Councilmember Kagawa: Some people do not watch channel 53 every week, but I have had the smell issue on the agenda at least a couple of times and I think we are trying to address it. Unfortunately, I do not think we have come up with the answer, which is frustrating and I understand Glenn and the rest of the community. It seems unacceptable, but hopefully we will continue banging on that problem and trying to resolve it because it certainly feels like our hardworking citizens deserve to drive past that area without catching that smell and losing their appetite. Council Chair Rapozo: Councilmember Brun. COUNCIL MEETING 11 AUGUST 23, 2017 Councilmember Brun: Thank you. I just think that by us looking forward and getting that...I toured that plant and it is basically falling apart. We had a brand new stainless steel motor just put in two (2) years ago and it is all rusted already. Stainless steel is not supposed to rust and it is rusted. The brick is falling apart. I just think that we need to light a little fire and move a little quicker and get that treatment plant out of there before we have millions and millions of dollars in fines that we are not going to get anything for it anyways. I just think that we really need to push it and put a new plant in and design it a little better. Thank you. Council Chair Rapozo: Any other discussion? I live in the Houselots and I pass the Coco Palms plant anyway and I will say that what it is today is a major improvement from what it was. We have been through all of those meetings and all through the consultants and it is much better today, but like Lyle said, you cannot really control the flow. When that flow is low, the body clocks are all different and if you cannot control the flow, you are going to have those periods. It is unfortunate and I am sure there is a solution somewhere out there. It is not because we have not tried. Any other discussion? The motion to receive C 2017-192 for the record was then put, and carried by a vote of 5:0:2 (Councilmembers Kaneshiro and Yukimura were excused). Council Chair Rapozo: Next item, please. C 2017-193 Communication (08/14/2017) from the Director of Finance, transmitting for Council consideration, A Bill For An Ordinance Authorizing The Issuance Of General Obligation Bonds Of The County Of Kauai For The Purpose Of Financing Certain Public Improvements; 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; Authorizing The Issuance And Sale Of Bond Anticipation Notes;And Providing For Other Matters And Actions Pertaining To The Issuance And Sale Of The Bonds, for the purpose of funding all or a portion of the appropriations for public improvement projects under Ordinance No. B-2017-822 of the County: Councilmember Kagawa moved to receive C 2017-193 for the record, seconded by Councilmember Brun. Council Chair Rapozo: Any questions for Ken? I do want to make sure that we do get our questions answered. Any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to receive C 2017-193 for the record was then put, and carried by a vote of 5:0:2 (Councilmembers Kaneshiro and Yukimura were excused). Council Chair Rapozo: Next item, please. COUNCIL MEETING 12 AUGUST 23, 2017 LEGAL DOCUMENTS: C 2017-194 Communication (07/28/2017) from the Director of Parks and Recreation, recommending Council approval of an Adopt-A-Park Agreement for stewardship of Kukui Heiau, Tax Map Key (TMK) No. (4) 4-3-002:001, to allow Na Haft Welo LLC and Kumano I Ke Ala (a 501(C)(3) nonprofit), via its Po`o, James Alalem and William King Ka'auwai II, to better maintain significant historic sites and natural resources, and protect these areas from vandalism, natural factors, and unintentional human actions that will damage these sites; and provide greater access to view and understand the importance of these sites and its past history. • Adopt-A-Park Agreement Councilmember Kagawa moved to approve C 2017-194, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion? Councilmember Kagawa. Councilmember Kagawa: I just wanted to get Lenny up to describe for the public what area this is, the current status, and what we foresee with this Adopt-A-Park Agreement. I see some maps here. Is it going to look better or cleaner and ease maybe some of the burden of the County having to do it? Council Chair Rapozo: With that, I will suspend the rules. There being no objections, the rules were suspended. LEONARD A. RAPOZO, JR., Director of Parks & Recreation: For the record, Director of Parks & Recreation, Lenny Rapozo. Thank you, Councilmember Kagawa, for bringing up that question. The heiau is located, if you went out where Lae Nani Condominium is, out on the point...Lae Nani in Kaua`i Shores...the surf spot called "Homers." There used to have the Horner house out there and there is this heiau that has been located there, Kukui Heiau. This Adopt-A-Park Agreement or Stewardship Agreement is similar to that that we already have with Kaneiolouma, as well as the hula mound down by Ke`e. These three (3) gentlemen have taken it upon themselves to clean, take care, and malama this place, because it is a scared place. But not only by taking care of it physically, but observe and adhere to the cultural protocols that is always necessary in maintaining a cultural and special place like this. We wanted to engage with them, and with the help of the Office of Economic Development (OED), to put this agreement together. Uncle Bill is here and I want to recognize him as being part of this group, as a kupuna who grew up in this area as a young man, so he knows it very well. Jimmy Alalem and Uncle Bill's son, Billy, will also do all of the work and most of it will be done by hand and also to respect and do it culturally right. Councilmember Kagawa: Forgive my ignorance, but is it the area right across from Brick Oven? COUNCIL MEETING 13 AUGUST 23, 2017 Mr. Rapozo: Yes, so where the Seashell is, it is around that point. Councilmember Kagawa: Around the Seashell point? Mr. Rapozo: Yes. Councilmember Kagawa: So will the public still have access? Mr. Rapozo: The County owns an easement of about one hundred (100) feet, so there is public access and it is right off the point. The public does have access to it, but I think more so it is the ignorance of the public that when they go onto a special place like this, they do not adhere to our cultural practices, which is important that having a presence there to maintain it and also maybe educate those that want to go into that area. Councilmember Kagawa: Terrific. Thank you to the group. Mr. Rapozo: Mr. Ka'auwai. Uncle Bill, they want to recognize you. You are the only one that came. Councilmember Kagawa: Thank you. I am done. Council Chair Rapozo: Okay. Any other questions for Lenny? If not, Mr. Ka'auwai, can you come up, please? It makes it a lot easier for us to approve something like this when you have someone like Mr. Ka'auwai who is going to be supervising. He is currently the volunteer supervisor. This is so unique that you have OED and you have the volunteer supervisor, who just happens to be father and daughter. Any questions or comments for Mr. Ka`auwai as we move forward? Bill, do you have anything that you want to say? WILLIAM KA`AUWAI: I just came to see what it is like. I have never been to one of these before. Council Chair Rapozo: I know and that is why I asked you to come up. We wanted to recognize you so the public can see who is going to be taking care of this place. Any questions for Bill? Councilmember Chock. Councilmember Chock: I do not have any questions, just thank you to Mr. Ka'auwai, Mr. Alalem, and Na Hoku Web for taking on the role of being po o and preserving the area, and maybe hoping to also educate people who visit and who walk past that area every day, because it is right in the middle of the tourists' walkway. Mahalo nui. Mr. Ka'auwai: Mahalo. Councilmember Kagawa: I have one question. Council Chair Rapozo: Go ahead. COUNCIL MEETING 14 AUGUST 23, 2017 Councilmember Kagawa: Is there any plans to show the general public that is not aware what is there and the significance? Are we planning to put signage? Mr. Kaauwai: I do not think there is anything there to point to that particular area, where it is at, but they do have a walkway that goes all the way down to it, like a concrete walkway. So myself, Nalani, and my other son have been working on it. I live in Honolulu, but I still have my house here. NALANI BRUN, Specialist IV-Tourism: Nalani Brun, Economic Development. We are trying to keep it on the down-low because it is not always a place that you want a bunch of people wandering around. We have had problems in the past with people massaging in there, people exercising in there, and lots of other things that go on. People get it, it is a beautiful place. Our first goal is to educate the association because there is a nice association of people that are right at Lae Nani and they are very interested in it. They just need to be educated of what you can and cannot do. That is going to be our first thing, which is to actually have a sit-down with them and Na Hoku Welo. They have all the history of the area, and then we are going to educate them first. From there, we are going to work on a couple of interpretative signs to put there for when we are not there. But while we are there, we actually have a lot of people coming through when we are cleaning that are asking questions. We are starting to kind of come up with a series of things we want to make sure that they know. We have a little piece of paper that they can take with them at this point. Eventually, it will become an actual, little brochure. Then the signage will probably be at the end of all of our times while we are talking with them what they most want to know. That is probably what is going to go on the signage, as well as general education about the area. Council Chair Rapozo: I think one of the biggest problems I saw when I have been down there a few times...and I will not say "disrespect" because I think Lenny said the best word: it is "ignorance" to the culture. We allow visitors that come down and they do not really understand how sacred that place is. It is such a beautiful place where they kick back to have lunch and a beer, but they leave their trash and not really understanding what they are doing. That is a beautiful, beautiful place. Ms. Brun: It is. Council Chair Rapozo: Thank you. Councilmember Kawakami. Councilmember Kawakami: Thank you, Mr. Chairman. I just want to give my sentiments and the big mahalo to you folks. It is true that in this day and age, we have even elected officials that have misspoken and say things out to the media, like there is no such thing as scared rocks, that I think went viral, but they are mistaken. These are wahi papa; these are special places and they have this cultural significance and it takes individuals like you and your group to educate people. To the Department of Parks & Recreation and Lenny, thank you so much for going down this venture of Adopt-A-Park and giving some ownership and stewardship agreements to the community, because when you give the community the ownership COUNCIL MEETING 15 AUGUST 23, 2017 of this area and some kind of vested interest, you are putting people and a place connected with a person and a face and you are less likely to have people go out there and disrespect the area. This is a good step in the right direction. Thank you for the educational side. Like you said, there is even local people that do not know where these special places are. Unless you bring them to our attention, many of these things just get lost, they get overgrown, and it takes somebody in an organization, like you folks, to maintain that area. Thank you so much. Mahalo nui loa. Council Chair Rapozo: Councilmember Brun. Councilmember Brun: I just want to give you folks my mahalo and thank you very much for taking this on. Thank you, Lenny, for working this deal out. We need more of this. Thank you folks very much. We look forward to visiting that site. Council Chair Rapozo: Any other comments or questions? If not, thank you very much. I did not know that place existed, probably until three (3)years ago, and when I went back there, I was just stunned. In fact, it was the Lae Nani Manager that shared some of the history of that place, which I had no idea. I look forward to you folks and thank you for volunteering for this. I did not realize that you live in Honolulu now, but it is good to see you back. Mr. Ka'auwai: I have been watching the thing since 1942...well, actually 1941 when I first realized that there was something there and that is when Mr. Homer had his property. It just so happened that I became good friends with him, so I went over to his house and he showed me that was in that spot. Council Chair Rapozo: Well, the only way we are going to perpetuate these areas and the cultures is with projects like this and allowing the kupuna to pass it on. Lenny, thank you very much for making it happen, and to Lae Nani—a simple flyer when these people check-in or come get their keys, a simple sheet of paper to let them know, "Hey, this is what it is." That will go a long, long way. Mr. Rapozo: Yes. Council Chair Rapozo: Thank you all. Mr. Rapozo: It was with coordination within all of us. Council Chair Rapozo: Good job. Thank you. Ms. Brun: Mahalo. Council Chair Rapozo: Any public testimony? Seeing none, I will call the meeting back to order. Further discussion? The motion is to approve. The motion to approve C 2017-194 was then put, and carried by a vote of 5:0:2 (Councilmembers Kaneshiro and Yuhimura were excused). COUNCIL MEETING 16 AUGUST 23, 2017 Council Chair Rapozo: Next item, please. C 2017-195 Communication (08/11/2017) from the Executive on Transportation, recommending Council approval of the Google Transit Agreement and indemnification provision, to participate in Google's transit data program, which will provide the County of Kaua`i's transit data regarding bus stops and routes in real time, to users of Google applications, and to improve how customers receive service information. • Google Transit Agreement Councilmember Chock moved to approve C 2017-195, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion? Any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to approve C 2017-195 was then put, and carried by a vote of 5:0:2 (Councilmembers Kaneshiro and Yuhimura were excused). Council Chair Rapozo: Next item, please. CLAIM: C 2017-196 Communication (08/07/2017) from the County Clerk, transmitting a claim filed against the County of Kauai by Jared Smith, for damage to his vehicle and other accident-related costs, pursuant to Section 23.06, Charter of the County of Kaua`i: Councilmember Chock moved to refer C 2017-196 to the Office of the County Attorney for disposition and/or report back to the Council, seconded by Councilmember Brun. Council Chair Rapozo: We will have an Executive Session at the next meeting on this one. If you have not seen the claim, I suggest you read the claim and we will have a discussion at the September 6th Council Meeting. Thank you. The motion to refer C 2017-196 to the Office of the County Attorney for disposition and/or report back to the Council was then put, and carried by a vote of 5:0:2 (Councilmembers Kaneshiro and Yuhimura were excused). Council Chair Rapozo: Next item, please. COUNCIL MEETING 17 AUGUST 23, 2017 RESOLUTIONS: Resolution No. 2017-43 – RESOLUTION AUTHORIZING THE KAUAI COUNTY HOUSING AGENCY TO APPLY FOR A STATE DWELLING UNIT REVOLVING FUND LOAN TO DEVELOP AND CONSTRUCT INFRASTRUCTURE IMPROVEMENTS FOR THE LIMA OLA WORKFORCE HOUSING PROJECT AND TO ENTER INTO A LOAN AGREEMENT WITH HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION: Councilmember Chock moved for adoption of Resolution No. 2017-43, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion? Councilmember Kawakami. Councilmember Kawakami: Since we are on discussion, I really want to point out that I think it is in order to give our legislature a big mahalo, because of the twenty-five million dollars ($25,000,000) that was appropriated for this State Dwelling Unit Revolving Fund (DURF), our legislative delegation from Kaua`i was able to earmark thirteen million dollars ($13,000,000) specifically for Lima Ola. So to Senator Kouchi, Representative Morikawa, Representative Tokioka, and Representative Nakamura—thank you so much. I think they deserve the recognition. Thank you, Mr. Chairman. Council Chair Rapozo: Thank you. Any other discussion? Likewise, this Lima Ola project has been a long, long, long process. I do want to thank as well our County Housing Agency for weathering the storm. We have been through several Housing Directors—Kanani is in the house, thank you for staying true. For Councilmember Brun, who is taking over the Housing Committee, he did not have much of the storm to weather, but a lot of headway was gained in the last few months, so thank you. Thank you, Councilmember Kawakami, for introducing the Resolution. Any further discussion? Councilmember Brun. Councilmember Brun: I just want to thank the Housing Agency and the Planning Department. I sat through ten (10) to twelve (12) hours of that Land Use Meeting and it was brutal, but they did it. Thank you, Chair and Vice Chair, for coming and testifying on behalf of the County. You have our full support. Thank you. Council Chair Rapozo: With that, the motion is to approve. Roll call. The motion for adoption of Resolution No. 2017-43 was then put, and carried by the following vote: FOR ADOPTION: Brun, Chock, Kagawa, Kawakami, Rapozo TOTAL– 5, AGAINST ADOPTION: None TOTAL – 0. EXCUSED & NOT VOTING: Kaneshiro, Yukimura TOTAL– 2, RECUSED & NOT VOTING: None TOTAL– 0. Council Chair Rapozo: Thank you. Next item. COUNCIL MEETING 18 AUGUST 23, 2017 Resolution No. 2017-44 — RESOLUTION EXPRESSING SUPPORT FROM THE COUNTY OF KAUAI FOR THE STATE LEGISLATURE'S APPROVAL OF AN EXTENSION OF THE GENERAL EXCISE AND USE TAX SURCHARGE FOR THE CITY AND COUNTY OF HONOLULU WHICH IS NECESSARY TO ENABLE THE COMPLETION OF THE MINIMUM OPERABLE SEGMENT (EAST KAPOLEI TO ALA MOANA CENTER) OF THE HONOLULU HIGH-CAPACITY TRANSIT CORRIDOR PROJECT: Councilmember Kawakami moved for adoption of Resolution No. 2017-44, seconded by Councilmember Chock. Council Chair Rapozo: Councilmember Kawakami. Councilmember Kawakami: The Honolulu Rail project has been a topic of discussion from its inception, the budget overruns, and what the funding source should be. This is basically in response to the upcoming Special Session to address the continued funding of the Honolulu Rail project. I want to make it clear so that nobody has any misinformation out there that the Resolution is simply just to extend and asking and supporting the extension of the GE tax surcharge that is being applied on the City and County of Honolulu and nowhere else and that, that is the appropriate funding source for the rail. Whether we support rail or not, the reality is if you are on O`ahu, it is a baby that has been born and we have to take care of this thing. As a State, if we think that because we are separated by ocean that we are not all impacted by this project then I think we are misinformed as well. I can tell you that if we do not fulfill our promise to complete this project to Ala Moana, any chance of anymore federal funding for State projects, DOT projects is in jeopardy. Coming from Kauai to Honolulu when I was in the legislature, every Monday, it was amazing to see how many of our residents are constituents are flying to O`ahu for doctor's appointments. So I would just like to say that we may not see or think that there is a benefit for Kauai, but there is a huge economic benefit, because reality is that a healthy City and County of Honolulu economy is a healthy economy for the rest of the State and I can tell you that we are being subsidized in our schools and our highways by that healthy economy. As far as construction jobs, as far as being able to use that benefit when it is built, as far as its implication on if it fails and what that federal funding would do for Kauai, I think it is an important project. I think that any talk about increasing TAT for the neighbor islands should not be a part of this solution. I think this should focus on the extension of this GE surcharge. If they are going to look at TAT, it should be limited to O`ahu's TAT. Furthermore, I think that in all reality, this GE tax surcharge is going to have to be extended into perpetuity because the reality is that this rail is going to need funding for its operations. I do not see it ever being self-sufficient and I do not know of any mass transit operation that is self-sufficient and not reliance on tax subsidies. With that being said, I do not want any misinformation saying that it is a tax in our island or any type of support for neighbor island taxes to support this. All this is, is an extension of the current GET surcharge that is being implemented on the City and County of Honolulu. Thank you, Mr. Chairman. Council Chair Rapozo: Thank you. Any other discussion before I open it up for public testimony? Councilmember Kagawa. COUNCIL MEETING 19 AUGUST 23, 2017 Councilmember Kagawa: I agree with Councilmember Kawakami. The TAT is unacceptable. The most difficult part is to even talk about any support of rail based on the cost overruns. That project has been severely mismanaged from day one. If they were a business, they would have gone bankrupt a long time ago. Their projections were not even close to what the actuals are and the actuals are probably higher than the actuals that are being said today. However, you do not have a choice when you have so much money already spent, so much land already had been acquired, and so much inconvenience already been imposed—what are they going to do? Are they going to pull out all of the columns? What are they going to do with all the land they acquired? It is almost funny, but it is not funny. It has been totally mismanaged and it just seemed like "ready, fire, and aim" at its best, but what do you do when they are halfway or a quarter of a way even? So much has been invested in. Like Councilmember Kawakami said, I think it should be left to O`ahu. They have had the one-half percent (0.5%) tax there for quite a while now and for the legislature to now try and go to the TAT and affect the rest of the islands, I think, would be a huge mistake. My daughters live there and they pay the one-half percent (0.5%). When I visit there, I pay the one-half percent (0.5%) in O`ahu. Do I like it? No, but the fact of the matter is that they have already gone so far that it is very difficult to turn back. I think that has been the position of Senate President Kouchi. What do you do? Are you going to stop it and cut federal funding, and then the County is going to have to pay that back? That is going to be devastating to the entire State's economy, because Honolulu does affect us; Councilmember Kawakami is correct. I am going to support this Resolution strongly. I believe that they do not listen to us anyway. We have told them to give us back the TAT how much times. But making no statement on an issue like this would say, "Well, imposing some type of burden on Kaua`i would be okay," and I think Councilmember Kawakami's Resolution is saying, "No, imposing any burden on Kauai residents for that project is the last resort and is not okay. We prefer you to just continue what you have been doing now." Hopefully, let us get the legislature more involved in trying to stop some of those huge mistakes that keep on happening. I do not know if that is even possible, but I think that is where the legislature needs to show their strength, which is to continue to hammer the Honolulu Authority for Rapid Transit (HART). Thank you, Chair. Thank you, Councilmember Kawakami, for this Resolution. Council Chair Rapozo: Councilmember Chock. Councilmember Chock: Thank you for the clarity on this Resolution. I think it needs to be restated that what we are asking for in this request is that the moneys generated on Oahu goes towards the rail and that it will not affect our tax system here on Kaua`i so that the outer islands are not paying for it. I fully support this Resolution. I think whatever decision that happens in this Special Session will potentially have a huge impact on Kauai. While the Resolution is just a request, in nature I think it is important that we do voice where we stand on it and what we would like to see happen. I hear talks of a combination of TAT and GET occurring and I think it is to our best interest that we get our share of our TAT in this situation. I appreciate the introduction to this Resolution and I will be supporting it. Thank you. Council Chair Rapozo: Councilmember Brun. COUNCIL MEETING 20 AUGUST 23, 2017 Councilmember Brun: Thank you, Councilmember Kawakami, for clearing it up. I was kind of unclear of what this was all about, but thank you for clearing it up. Vice Chair Kagawa said it the best that we are deep in it. Let us get it done, we are there already. Let us finish it up. I will be strongly supporting this Resolution also. The more we can keep it out of Oahu is less money that they are going to take from us here on Kauai. I know they were talking about the TAT also. I will also be supporting this Resolution. Thank you for introducing it. (Councilmember Yukimura was noted as present.) Council Chair Rapozo: Thank you. Any other discussion? Any public testimony? I will just say thank you to Councilmember Kawakami for introducing this Resolution. I received a few calls and I guess the perception was that this Resolution was for our support for increasing the TAT and the GET and this Resolution is exactly opposite. It is extending the surcharge on the O`ahu GET one-half percent (0.5%). I agree with everything that has been said, but I see it a little differently because the rail is a Honolulu project; it is a City and County of Honolulu project. The people voted to pay for that surcharge and that is their project. Whether we agree or disagree, they have to make the decision. They City and County made the decision to finish that project. I happen to agree. I think Councilmember Kagawa said it best, that you have to finish it because you have gone too far. The City and County does not support an increase in the neighbor islands' TAT or GET. The City and County's Council supports the extension of their GET, their one-half percent (0.5%). I was up there a couple of weeks ago and we had Chair Poindexter from Hawai`i Island, Vice Chair Anderson from Honolulu, Chair White from Maui, and myself, and we testified at the legislature at their public hearing and it is pretty evident from what I saw that this is going to move forward and we are going to get an increase in the TAT and the GET and the neighbor islands are going to get stuck with funding. But this Resolution really tells the State that we, as a body, do not want you to do that. The biggest travesty in all of this is that the existing extension or the existing surcharge, the one-half percent (0.5%) for O`ahu alone, is sufficient with the extension to cover the cost. That is not in dispute. In other words, if the legislature grants a ten-year extension to the surcharge on Oahu only, that is enough. So why are they even considering raising our TAT and our GET and take all of those funds and hand it over to the State? That is the frustration and what I call a "travesty," because that is not necessary. If the State needs money and the only way they can generate revenues by increasing TAT and GET, then let the people know that is what you want to do. Let them know, "Hey, we are running out of money, we need more. We are going to raise the TAT and keep it." Do not use the rail as the reason why you need to do this, because it is not the reason. They have the sufficient funds in the GET extension for Oahu only. That, to me, is the biggest frustration. The Pacific Business News newspaper just came out and I just got it last week, but the cover or the story is about transit throughout the country, whether it is rail, bus, or what, and ridership is declining; the subsidies are increasing. So this project is going to cost the City and County money. But that is fine; that is their call. I do not want them telling us how to run Kaua`i and I do not think we should be telling them how to run Oahu. If they want a rail, then get a rail and pay for the rail, but you pay for the rail. Councilmember Kawakami and Councilmember Kagawa are exactly COUNCIL MEETING 21 AUGUST 23, 2017 correct that the economy of O`ahu does impact Kauai, but I think when you look at a project of that magnitude that the people voted for and supported and the County supports, then they need to take the obligation to fund it and not rely on the outer islands, who are also struggling. I will be supporting this and I thank you for the clarification because it was a lot. I do not know where they got that from, but apparently the buzz was that we were supporting the increase in TAT and GET for the rail project, which is simply not the case. Thank you. I will be supporting this. Councilmember Kawakami. Councilmember Kawakami: Thank you, Mr. Chairman. I just wanted to add on. One of the big travesties is the politics behind this whole project, not necessarily the politicians, but just the overall politics. I can tell you that this rail should be going to the University of Hawaii at Manoa and Waikiki. When you look at that leeward traffic, that traffic gets gridlocked when the University of Hawaii at Manoa is in session. It is not necessarily when our public schools are in session, but when the University of Hawaii at Manoa starts session, that gridlock is what causes all of that traffic. That thing should also be in Waikiki. It is not necessarily the politics, but the politicians behind it. There were bills moving for transient-oriented development, which this rail project needs, too. If anybody needs to know what transit-oriented development is, there is a reason why this rail line is going through vacant to spur economic growth so that you could build mixed-use communities near rail stops, so that would help subsidize the ridership and ensure that they have a captive market. But time and time again, politics have stopped big projects like this, good projects and smart growth projects. So that University of Hawaii at Manoa stop does not even look like it is on the books right now and any sense of that thing getting to Waikiki to alleviate any of that tourist traffic does not seem to be a reality. I can tell you that there is hope for this project moving forward. I think that it deserves a neighbor island support, because I can tell you that that whole sentiment that, "We should not get involved in O`ahu politics"—I would like to remind people that whenever there is a natural disaster on our little island, all of that CIP dollars that are supposed to go to the City and County of Honolulu projects or state districts in Honolulu projects all comes to Kauai, whether it was a culvert collapse in Kilauea where we needed a twelve million dollar ($12,000,000) appropriation so we could get the highway opened up. That came from CIP dollars from Honolulu. Every time Kauai needed to be rescued, somebody from O`ahu had to make some sacrifice. I really want to make that clear that when people say, "We should not be helping Oahu and we should not be lending a voice"—that road goes both ways and that is just the reality of how these things operate in the State, and any other State, where you have the critical mass and they feed everybody else. In that sense, I think it is warranted and I think that we deserve to have a voice. I think it is a project that benefits the whole state and not just the City and County of Honolulu. Thank you. Council Chair Rapozo: Thank you. Any other discussion? Councilmember Yukimura. Councilmember Yukimura: I support this Resolution and I thank Councilmember Kawakami for introducing it. I also agree that the rail should go to Waikiki and to the University of Hawaii at Manoa. Those are really the key nodules. It is a lot of history of some decisions that were not very farsighted from the decision COUNCIL MEETING 22 AUGUST 23, 2017 where the city turned down money over twenty (20) years ago for transit; the decision to have a second city, instead of growing out gradually, which now makes that route more important than a route to the visitor destination of Waikiki or to the huge node of UH. I believe that rail transit is very important to Kaua`i, just like public transit is important to O`ahu, just like public transit is important to Kauai. All of the local governments in the State have to be thinking about mode shift, getting out of the city occupancy vehicle, and moving to more sustainable forms of land transportation, like walking, biking, and public transportation. I do have an amendment to propose. Councilmember Yukimura moved to amend Resolution No. 2017-44 as circulated, and as shown in the Floor Amendment, which is attached hereto as Attachment 1, seconded by Councilmember Kagawa. Councilmember Yukimura: May I explain? Council Chair Rapozo: Go ahead. Councilmember Yukimura: It simply adds on. If you notice, the Resolution is mainly O`ahu-centric, and that is fine, because the rail on O`ahu is the main subject. But as I mentioned, we also have public transportation to think about. In Senate Bill 1183, there is an option to use the excise tax for land transportation needs in neighbor island counties. It is an option and each county has to choose to exercise that option, but it makes clear that every county has land transportation needs. It is not just the need of the City and County. The Bill that was pending when the session adjourned a couple of months ago did include that option and I think it is important for us to be clear to the legislators that we want that option, too. It simply adds in some specificity about Kauai's needs, which I believe we need to assert. If we do not, there is a chance during the legislative session that it would be taken out. So it puts everybody on notice that this is what we want. Council Chair Rapozo: Thank you. Are there any questions of the introducer? While I can appreciate the intent, I do not believe this is the proper place to put the language. This Resolution is specific, and if you read the title, it is specific to the extension of the GET for Oahu and the whole Resolution is really tied to that function and that purpose. This is a separate matter, in my opinion, that needs to be addressed as well, but I would suggest this be addressed in a separate resolution to the legislature. That is just my opinion. You have now refocused the Resolution to the GET for Kaua`i, which the Resolution is saying, "No, we do not want you to increase our GET for rail." I would suggest that Councilmember Yukimura would resubmit or reintroduce a resolution that is specific to that. Obviously, we will see what the others think. Councilmember Chock. Councilmember Chock: For me, I would take my direction from the introducer on the intent and the interest because I agree with you also, Chair, that the discussion needs to happen where it is appropriate, and when and how I think is up for question. To hear more is really important. Council Chair Rapozo: Just so that the introducer knows, if this stays in, I will not support the Resolution because I do not support that component of it. I COUNCIL MEETING 23 AUGUST 23, 2017 do not mind having a discussion in a separate resolution, but I cannot support that Resolution if that is included. Councilmember Kawakami. Councilmember Kawakami: There is nothing in this amendment that I would disagree with at this time; however, I would agree that I do not think it is appropriate, but I appreciate the intent and willingness to have the discussion. I think right now it should be focused on rail and the funding mechanism. To be quite frankly honest, I am not sure that we even need to have this language in here, asking the legislature to give the neighbor island counties an opportunity, because when I was up at the legislature and we had the discussion a few years ago and we were debating whether we extend the surcharge option just for the City and County of Honolulu or do we give it to the counties and we started making phone calls to the counties asking them, "Hey, do you folks want this?" Because why are we going to take political hits, sending something to you, only to have it voted down? It came back in an opinion that I believe constitutionally if you open it up for one (1) county, it opens it up for every other county as well. As far as the necessity to have this, kind of asking the legislature for this taxing authority, I think it is unnecessary. I reached out to some members of our delegation that have the opinion that is similar to mine and recollect the occurrences similar to what I recollected as far as that option. I would rather just see this thing go over clean and focused on the current rail project and the City and County of Honolulu. Thank you, Mr. Chairman. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: Well, we will not have a chance for another resolution since the decision-making will be next week and it is just an effort to protect and make clear our County's needs and I think we need this option in order to make our budget work and in order to fulfill our obligations to the people of Kaua`i to fix the roads and to expand transit. It does not change the basic gist of the Resolution because the Resolution is mainly about transit, but all it says is that we support the excise tax option for the City and County because we do not feel it is appropriate for TAT moneys to be used statewide for just the City's transit needs and because we feel that each neighbor island county has a need for transit as well. Council Chair Rapozo: Any other discussion? This Resolution is specific to rail. The title is specific to rail. All of the "whereas" are specific to rail and rail alone. I do not want to distract the legislature from this issue because it is vital and they will be discussing the rail project. They are not going to be discussing outer island transportation needs; they are going to be discussing the rail project. That is what the Special Session is for. I do not want to see them being distracted with anything else right now. Councilmember Brun. Councilmember Brun: Same for me, I would not support this amendment because of the original intent of the Resolution. Even raising taxes for transportation here on the island, we still have to figure out if we are efficient or not and right now I would not be supporting a GET to help with our transportation. Thank you. Council Chair Rapozo: Councilmember Yukimura. COUNCIL MEETING 24 AUGUST 23, 2017 Councilmember Yukimura: So it is true that with our short-term/short-range transportation plan and our shuttle studies we are looking very closely. Thankfully, the consultants are looking at the efficiencies and I think are going to come up with a lot of good suggestions for improving efficiencies. Once we do that then we will need moneys to expand and if we do not have this option...this is looking long-term...if we do not have the option then we will not have the moneys and we will not be able to do what we need to do. This is not only about transit; this is also about repaving our roads, which we all know we need to do. Council Chair Rapozo: Councilmember Brun. Councilmember Brun: Like I said, I would support the road repair, but I would not support expanding the bus. That is basically what I said. Thank you. Council Chair Rapozo: Okay, well, this Resolution is on the rail. Councilmember Kagawa. Councilmember Kagawa: I just wanted to add that I discussed this with Councilmember Kawakami prior when the legislature was in session and I agree with him that we will have that option if the legislature extends the GET because I believe in that opinion that if the opinion was rendered to the legislature previously—and that is why it was offered to us the last time—so if it was done the last time it was offered and extended then why would it not be again? It was offered because legislators wanted it at the time and because they listened to the opinion. For me, it is unnecessary at this time and we need to focus, because right now, the sentiment is that the TAT will come into play and this Resolution strongly states that we want the GET to be their only funding source. I want to just support the original. Let us get that done and I think that what Councilmember Yukimura wants will come anyway if we get this Resolution passed. Then we will all be happy together. Thank you, Chair. Council Chair Rapozo: Councilmember Kawakami. Councilmember Kawakami: Like it has been said before, for the millions of people watching, part of this is the educational purpose of having these meetings open and transparent. This surcharge, when you talk about taxation, is not a popular subject, right? Who is out there saying, "Hey, I want to raise taxes?" When the legislature designed this thing, when you want to talk about responsible tax that is earmarked for probably the "apple pie issues" that we are all faced with, like transportation, traffic, potholes, road repairs, and road expansions; this one really does not give a blank check to any of the counties. This focuses that energy on repairs and maintenance, traffic alleviation, and public transportation. So it is not a blank check. I would just like to say that when the discussion does come up, the debate is going to be whether general excise tax is regressive or not, which is a discussion for another day. Currently, like we have said before, I would like to focus this thing on HART, on the rail project, and just the expansion of the surcharge for the City and County of Honolulu. Thank you, Mr. Chairman. COUNCIL MEETING 25 AUGUST 23, 2017 Council Chair Rapozo: Can we have a roll call on the amendment? The motion to amend Resolution No. 2017-44 as circulated, and as shown in the Floor Amendment, which is attached hereto as Attachment 1 was then put, and failed by the following vote: FOR AMENDMENT: Yukimura TOTAL— 1, AGAINST AMENDMENT: Brun, Chock, Kagawa, Kawakami, Rapozo TOTAL— 5, EXCUSED & NOT VOTING: Kaneshiro TOTAL— 0, RECUSED & NOT VOTING: None TOTAL — 0. Council Chair Rapozo: The amendment failed. We are back to the main motion. The motion is to approve the Resolution. Roll call. The motion for adoption of Resolution No. 2017-44 was then put, and carried by the following vote: FOR ADOPTION: Brun, Chock, Kagawa, Kawakami, Yukimura, Rapozo TOTAL— 6, AGAINST ADOPTION: None TOTAL— 0, EXCUSED & NOT VOTING: Kaneshiro TOTAL— 1, RECUSED & NOT VOTING: None TOTAL — 0. Ms. Fountain-Tanigawa: Six (6) ayes, one (1) excused. Council Chair Rapozo: Thank you. Next item. BILLS FOR FIRST READING: Proposed Draft Bill (No. 2662) — 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 Kagawa moved for passage of Proposed Draft Bill (No. 2662) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for September 20, 2017, and referred to the Budget & Finance Committee, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion? Councilmember Yukimura. Councilmember Yukimura: I asked for some information and I wondered if...it is not here...this is the existing bond? Oh, excuse me. Thank you. Council Chair Rapozo: Any discussion or public testimony? COUNCIL MEETING 26 AUGUST 23, 2017 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. 2662) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for September 20, 2017, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Brun, Chock, Kagawa, Kawakami, Yukimura, Rapozo TOTAL— 6, AGAINST PASSAGE: None TOTAL — 0, EXCUSED & NOT VOTING: Kaneshiro TOTAL — 1, RECUSED & NOT VOTING: None TOTAL — 0. Ms. Fountain-Tanigawa: Six (6) ayes, one (1) excused. Council Chair Rapozo: Next item, please. Proposed Draft Bill (No. 2663) —A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2017-821, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2017 THROUGH JUNE 30, 2018, BY REVISING THE AMOUNTS ESTIMATED IN THE SEWER FUND (Wailua Waste Water Treatment Plant (Operating Budget) - $500,000.00): Councilmember Kagawa moved for passage of Proposed Draft Bill (No. 2663) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for September 20, 2017, and referred to the Budget & Finance Committee, seconded by Councilmember Chock. Council Chair Rapozo: We had the discussion earlier. Any further discussion or public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion for passage of Proposed Draft Bill (No. 2663) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for September 20, 2017, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Brun, Chock, Kagawa, Kawakami, Yukimura, Rapozo TOTAL — 6, AGAINST PASSAGE: None TOTAL — 0, EXCUSED & NOT VOTING: Kaneshiro TOTAL— 1, RECUSED & NOT VOTING: None TOTAL— 0. COUNCIL MEETING 27 AUGUST 23, 2017 Ms. Fountain-Tanigawa: Six (6) ayes, one (1) excused. Council Chair Rapozo: Thank you. Next item, please. Proposed Draft Bill (No. 2664) —A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2017-822, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2017 THROUGH JUNE 30, 2018, BY REVISING THE AMOUNTS ESTIMATED IN THE SEWER TRUST FUND-CIP (Wailua Waste Water Treatment Plant (CIP Budget) - $500,000.00): Councilmember Kagawa moved for passage of Proposed Draft Bill (No. 2664) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for September 20, 2017, and referred to the Budget & Finance Committee, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion? I am assuming, and I should never assume, but should the bonds get approved that these funds will be replaced and returned to where it came from. Is there any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Roll call. The motion for passage of Proposed Draft Bill (No. 2664) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for September 20, 2017, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Brun, Chock, Kagawa, Kawakami, Yukimura, Rapozo TOTAL— 6, AGAINST PASSAGE: None TOTAL— 0, EXCUSED & NOT VOTING: Kaneshiro TOTAL — 1, RECUSED & NOT VOTING: None TOTAL — 0. Ms. Fountain-Tanigawa: Six (6) ayes, one (1) excused. Council Chair Rapozo: Thank you. Next item. Proposed Draft Bill (No. 2665) — A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS; 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;AUTHORIZING THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES; AND PROVIDING FOR OTHER MATTERS AND ACTIONS PERTAINING TO THE ISSUANCE AND SALE OF THE BONDS: Councilmember Kagawa moved for COUNCIL MEETING 28 AUGUST 23, 2017 passage of Proposed Draft Bill (No. 2665) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for September 20, 2017, and referred to the Budget & Finance Committee, seconded by Councilmember Brun. Council Chair Rapozo: Any discussion? Councilmember Yukimura: Yes. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: I have some questions of the Administration. Council Chair Rapozo: Can we get the Administration up? I will suspend the rules. There being no objections, the rules were suspended. LYLE TABATA, Acting County Engineer: Good morning, Members. Lyle Tabata, Acting County Engineer. MICHAEL TRESLER, Deputy County Engineer: Good morning, Mike Tresler. Deputy County Engineer. Councilmember Yukimura: Good morning. For each of these projects that you have listed on "Exhibit A," do you have a summary of the project, their status, a timetable, and the total amount of money that will be needed from this bond? Mr. Tresler: Yes. Actually, the list was worked backwards into the total. Councilmember Yukimura: I am sorry, the list was worked backwards? Mr. Tresler: The list that was worked on previously to come up with the total of the bond float included the line items with individual amounts. When I got your request that came over yesterday, I tried to chase that down and my understanding was that the Department of Finance had individual meetings with Councilmembers and had shared that list. But we do have the list of projects and amounts. We do know where the projects are, their standing, the timelines, and so forth. Councilmember Yukimura: I am glad that you know that. If we were briefed, that is fine. It just seems that with such a big issue that you would have the information available for us, but not just for us, but the public who is going to be speaking on it on the 20th, I think, is the one that really needs the list and the information. Mr. Tresler: For myself, I am a bit uncomfortable in speaking to details about this because generally, I would...Mauna Kea is not here... COUNCIL MEETING 29 AUGUST 23, 2017 Council Chair Rapozo: Peter is here. Mr. Tresler: Peter is here, but I do not want to make representations that can have an impact to the bond float. When we do the bond float, we provide a list of projects and they are not broken down into specific amounts or those commitments. That is why you received the bond float in that manner. I have that concern. We have information available. I have the sheet that I can pass out, as far as the projects that make up the total in detail that I can pass out. Again, I just want to make sure that the representations that I make here cannot construe anything to the bond float process. Councilmember Yukimura: Of course you want to be sure that it does not affect the bond process adversely, but you are asking the people of Kauai to commit to a long-term debt. So it would seem that you would be providing the information that is needed to make that kind of decision. Mr. Tresler: I am not arguing with you at all. I am just saying and I brought up the concern that I have about what I am about to present and provide. That is all I am asking. We have the information. Again, it is a valid concern and if it can addressed, then that would be nice before I do it, because I do not want to affect the bond float or make certain commitments to it. Councilmember Yukimura: You are not making any commitments until we vote on this. The question is, will you provide that information in the next week, which I am sure you will vet it through the County Attorney so we can make it available to ourselves and the public and we can study the issue and make a good decision? Mr. Tresler: Absolutely. My understanding was that you are asking for the information right here and now. Councilmember Yukimura: I am disappointed that it is not attached, because to me, it is essential information. If you were making a presentation before a board of directors, it would be the natural expectation to have that information. Since you did not attach it, I asked if you had it so we could have it today, and if you do not have it today then we would like it as soon as possible. I would like it because the public is entitled to...I do not know what the legal thing is...twenty (20) days' notice, whatever it is, before a public hearing and they need to have that information. Mr. Tresler: I want to be real clear—I am not here presenting on the bond. I was not the presenter or the one that submitted that to the Council. I would like to present or answer your questions next week, if that is when the committee is hearing this. So we will provide all of the information and we can have an opportunity to make sure that we check with our legal counsel to be able to provide the right information in the right manner. Councilmember Yukimura: Okay. The Department of Public Works and the Department of Finance are involved in this project, so I am not asking about COUNCIL MEETING 30 AUGUST 23, 2017 anybody's individual responsibility, I am asking about the Administration's responsibility for providing the information. Mr. Tresler: That question did come up and I did not get a response back yet. Councilmember Yukimura: I would like that this be referred to the next Committee Meeting. We also set the public hearing, so will not be made, but so that there will be some information upfront before the public hearing for both us and members of the public. Council Chair Rapozo: Well, the public hearing cannot be scheduled before the 20th of September just because of the timing requirements. Councilmember Yukimura: I am not asking for that. Council Chair Rapozo: You are asking to have this sent to the Committee, right? Councilmember Yukimura: I think we could set the public hearing and also have a separate item, if you want, in the Committee so that we can get the information officially and it will be available to us and the public that I have been asking for. Council Chair Rapozo: I guess my question would be is it possible to schedule or refer this matter to the Committee prior to the public hearing? Councilmember Yukimura: Prior to setting the public hearing? Council Chair Rapozo: Well, we just set the public hearing for September 20th. So my question procedurally is, is it legal for us to have a committee meeting on this matter prior to...I do not see why we could not. Are there any more questions while they research that? Councilmember Kagawa. Councilmember Kagawa: The normal process, because I do not want to hammer the Administration too much, is that a lot of times when they know we are going to refer to a public hearing, they basically present an overview of what should be presented in the bill so that the public basically has minimal knowledge of what is in the bill in a nutshell, while a lot of times it is self-explanatory. But this one may be a little more complicated so I see Councilmember Yukimura's concern, but when it hits the Committee and there are concerns through our normal process, the Committee Meeting following the public hearing, we have a lot of time to delay it as long as we want to if we have concerns. I have no problem with the normal process. I do not see the need to break precedence and set a meeting prior to the public hearing. I think the public has a chance to speak during the Committee Meeting. After the Committee Meeting, if any Councilmember brings up valid concerns that says, "There is a problem with this Bill. It needs significant work," then we can delay it and have more committee meetings and public input. I do not see why we are going to break the trend. I do not see any glaring concerns that Councilmember Yukimura COUNCIL MEETING 31 AUGUST 23, 2017 has right now that requires a variance from the past. I do not know if we want to point those obvious concerns out now, then maybe I can have a change of heart as to, "Well, we should have a committee meeting prior to the public hearing," but I really do not. Like I said, at the committee meetings, we can get all of the information and the Administration is normally ready for it at the time. They are not ready on first reading. I just want to be fair, too, because ever since Mike has come aboard, he has been outstanding for me. Well, I am the Committee Chair, I so contact them directly, but anyway. Thank you. Council Chair Rapozo: Councilmember Kawakami. Councilmember Kawakami: I totally agree, and we are a little scarred by it, but just a question for the Administration—is there any glaring deadline that we need to know about? We are all a little rattled when they say that we have some time to think about it. Is there a glaring deadline that we are pressed up against any type of time constraint are we? Mr. Tabata: The only one was the Wailua Waste Water Treatment Plant Issue, which we brought to the table...that is moving forward. That is the only one. Council Chair Rapozo: How much time do we have? If you listen to Councilmember Kagawa, he is saying that we can take our time. Mr. Tresler: I do not have the schedule in front of me, but we are targeting to close the sale and the whole bond thing in November, but that means we are out in October. So pushing it out to September 20th...for me...I was thinking that it was a two-week deal, but again, we have minimum posting requirements. I think the schedules worked out, but I would have to go back. Council Chair Rapozo: So we do not have a lot of time? Mr. Tresler: It is a very tight timeline and my understanding is that this has been pushed off and that is why some of these projects are...like our waste water project is getting really tight because it was our plan to be done sooner in the year and here and now we are, but the target deadline is November. So working backwards from there, we really do not have a lot of time. Councilmember Kawakami: Okay. Council Chair Rapozo: That is the magic question. If there was an award for the question of the day, that would be it. Councilmember Kawakami: Please do not tell us that the deadline passed already. In all honesty, we still have some time to get the information that Councilmember Yukimura asked for. I think they are all valid questions. In the meantime, we may want to consider having something on the agenda, maybe in the Budget & Finance Committee on maybe just like a ten-minute overview of what a bond issuance is. I think a lot of people out there in the public have some questions, COUNCIL MEETING 32 AUGUST 23, 2017 as far as the funding mechanism and the tool to basically take a long-term loan to fund some of these projects. It may be something that we want to entertain, but I think we have enough time to get that information and make a good educated decision on this bond issuance. Thank you. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: So I almost do not know all of the questions I would have, unless I have the basic information, which is the questions I asked: what is the project about; what is the total amount; what is the amount that you are going to take from the bond; what are the other matching; and what are the other projects that are not on this list? I do not see the landfill on this list. I was told that the Adolescent Treatment and Healing Center, because it is going to be privately operated, is not supposed to be on the bond. There are a lot of questions that I have and I think they are legitimate questions and I do not want them answered one week before the public hearing or after the public hearing. Mr. Tabata: So we will make an appointment to sit down with you ahead of time, as well as gather the information that you are asking. Councilmember Yukimura: I do not want it just for myself. Mr. Tabata: Okay. I understand. We are sitting in for the Director of Finance and the last time I believe this County did issue a bond was in 2010, before my time. So I am not really sure of the process. We just help put the projects and the dollars together. Councilmember Yukimura: Why is the Director of Finance not here? Mr. Tabata: He had a flight to catch. Councilmember Yukimura: Well, does he not have some... Mr. Tresler: Councilmember Yukimura, we will provide the information to you. Council Chair Rapozo: This is what we will do, Councilmember Yukimura, which is next week in the Committee Meeting... Councilmember Yukimura: We do not have a Committee Meeting next week. Council Chair Rapozo: Well, the next Committee Meeting, I am sorry. Councilmember Yukimura: I am gone all next week. Council Chair Rapozo: When is the next Committee Meeting? COUNCIL MEETING 33 AUGUST 23, 2017 Ms. Fountain-Tanigawa: The next Committee Meeting would be the 13th. Council Chair Rapozo: So September 13th... Councilmember Yukimura: That is seven (7) days before the public hearing. Council Chair Rapozo: Yes, it is a separate item. We do not have another meeting, so that is as soon as we can get it on. That gives the Administration two (2) weeks to come up with the information and clear it with the Office of the County Attorney of what they can and cannot disclose because I agree with Councilmember Yukimura. Since the last term, this third year now, we have asked the Administration to be here on first readings to clarify the bills and resolutions prior to the public hearing and they have been very accommodating and it works, because the public gets to get the information before the public hearing. With this one here, I am not sure...I think there are a lot of strategic concerns when you are talking about projects that are going out to bid, allowing contractors to see what these amounts that you are prepared to pay, which could affect bidding. I do not know what the legal questions are, but I do agree that the public should know what these projects are and what the projects will cost because it is a loan, we are going out to borrow money. So on September 13th, we will have a briefing. It will be a separate agenda item, it will not be connected to this agenda item. It will be a briefing on this very issue, and granted it is one week before the public hearing, but there is nothing saying that we can only have one (1) public hearing. So if we need more, we can have more. I think it will be sufficient. I agree with Councilmember Kagawa that none of the projects on these things will stand out in the public's eye. I think some of us may have some concerns about individual projects on this, but I think for the overall general public, none of these are projects that are fluffed. These are projects that need to be done, like infrastructure, repairs, and maintenance. That would be my suggestion and we will put it in the Budget & Finance Committee, as Councilmember Kawakami suggested, and we will have that discussion, the public hearing, and it will come back to the Committee. Councilmember Yukimura. Councilmember Yukimura: There is also an issue of what is not on the list that maybe needs to be on the list for the next twenty (20) years of CIP. This is serious. We are talking about the next twenty (20) years, I believe, right? You are going to float a sixty million dollar ($60,000,000) dollar bond... Council Chair Rapozo: Twenty-four million dollars ($24,000,000)... Councilmember Yukimura: I am sorry? Council Chair Rapozo: Twenty-four million dollars ($24,000,000) or twenty-six million dollars ($26,000,000). Mr. Tresler: Councilmember Yukimura, there is no doubt that there are a large number of projects. We are just trying to focus on here now what was approved financially through the budget process to make payments on this COUNCIL MEETING 34 AUGUST 23, 2017 specific bond amount issuance. If opening a can of worms and you are talking about projects for the next twenty (20) years, there is a list and that is a huge amount. We have the information and we will put it in a presentable package. I was prepared today, but again, I appreciate the time for having two (2) more weeks or what have you that we have to put something nice and understandable for everyone. Anyway, on the discussion of the projects for the next twenty (20) years...that is your purview to have that discussion, but what we are focusing on is a list that we had that got cut down to match the financial obligation and what we budgeted for and what we can afford here and now. I was not part of those discussions, but I just wanted to point that out that it is a legit issue and I think a lot of those things were looked at. Again, this list was I guess vetted, and again, based upon the amount of moneys we have to pay for the obligations, the best-case scenario and best list was pushed forward. Councilmember Yukimura: Okay. You may have done it in-house, but that is what you have to persuade the Council and the public, so you need to make this information available. That is all I am asking for. Every year, we do a CIP Budget and we have the total cost of the projects, so I do not know what this thing about not showing bidders is. We do it every budget. We have total cost of projects in the public record all of the time. I do not get what all of the secrecy is about. Mr. Tresler: There is no secrecy at all. Councilmember Yukimura: Good. Mr. Tresler: Like I said, I was told that they had individual meetings with the Councilmembers and they provided the information. Councilmember Yukimura: I know, but these individual meetings do not let the public know what the issues are or the information is. Mr. Tresler: I am not arguing that at all. Councilmember Yukimura: So then please do not talk about individual meetings as being the solution to this. Mr. Tresler: I am not saying it is a solution. Again, I am prepared to present this information today, but again, I appreciate having more time so that we can send it over in a more appropriate form. Council Chair Rapozo: Thank you. Any other questions? Councilmember Yukimura. Councilmember Yukimura: So for the Adolescent Treatment and Healing Center in previous discussions, it was told that we could not use the bond float for it. Has circumstances changed? Mr. Tresler: Not to my knowledge. Councilmember Yukimura: But it is on this list? COUNCIL MEETING 35 AUGUST 23, 2017 Mr. Tresler: No, it is not on the list. Councilmember Yukimura: Where is the Managing Director? Am I on the wrong list? Council Chair Rapozo: I think you are on the right list because the list that we have does show the Adolescent Treatment and Healing Center. Mr. Tresler: It was pointed out that at least one (1) project was highlighted and that may be one of them on the list. The list that we have in detail originally did have the Adolescent Treatment and Healing Center, and then it was removed for that reason. Council Chair Rapozo: Okay, timeout. So you are telling me today that the list we have today does not have the Adolescent Treatment and Healing Center? So does the list we have today include the Adolescent Treatment and Healing Center? Mr. Tresler: Right. Council Chair Rapozo: So is that correct or incorrect? We have problems if it is incorrect. Mr. Tresler: I have to defer to Ken and the Department of Finance, because I do not know that specific answer regarding the reasons for a private operation versus a... Council Chair Rapozo: Is anyone from the Department of Finance in today that could come? Mr. Tresler: Dave Spanski was here. Council Chair Rapozo: Would he know? Mr. Tresler: I am pretty sure he does. Councilmember Yukimura: Would the Managing Director? Mr. Tabata: I believe they are off-island at this attorney conference. Council Chair Rapozo: Attorney conference? Mr. Tabata: I believe so. Council Chair Rapozo: Anymore questions? I am not going to sit here and continue this discussion because they are not prepared. Councilmember Kagawa. COUNCIL MEETING 36 AUGUST 23, 2017 Councilmember Kagawa: Thank you, Chair. The Director of Finance was here and we basically let him go. To be fair... Council Chair Rapozo: I want to clarify because when Scott asked me...I understand that he has to catch a flight, but somebody better be here to answer those questions. That was my directive. It was not, "They can go." If he goes, somebody better be here to answer those questions. Again, for the Director of Finance to have to go to an attorneys' conference...I am not going to question what they do, but if somebody needs to leave, then somebody has to be here to answer the question. That is all I am saying. Councilmember Kagawa: I understand. Council Chair Rapozo: You want to go on a Wednesday when you know there is going to be a Council Meeting and you have bond issues on the agenda...somebody better be here to answer the question. That is all I am saying. Councilmember Kagawa: I understand. What I am saying is that we said we are going to set this Committee Meeting prior to the public hearing...we are already changing our way of doing things to accommodate some of the concerns brought up today, so let us just move on. We are going to hammer out the answer when the chief is not here—why? We already said that we are going to set that committee meeting date to discuss it, so let us just wait to that date. We are not going to get the answers that you want from the chief because the chief is not here. Council Chair Rapozo: You are right. That is why I said that we are not going to continue this dialogue. It is over. We cannot get the answer today. So September 13th is when we will have that discussion. Keep in mind...I guess I am frustrated because we are setting a public hearing and we are giving the public notice that we are going to have a public hearing...I am concerned with this list now, I really am. We will clarify that at the Committee Meeting and move forward. Are there any more questions? If not, I want to release them. We can have discussion. Thank you. I will call the meeting back to order. Any discussion? Councilmember Chock. There being no objections, the meeting was called back to order, and proceeded as follows: Councilmember Chock: I just want to recognize that I think our practice has shifted a little bit in terms of first reading and I think there are a lot of questions that come at first reading, which I think is not a bad thing; I think it is a good practice as we head into public hearing. Planning's practice is that they call up and ask, "Hey, it is first reading, but do you folks have stuff coming up?" I think that is the kind of communication that we need and it is a two-way thing. I think that members need to also be responsible for that ahead of time as well. They were here this morning and had to leave, but it is no excuse. I think we all need to be prepared for it. I would really like to just not forget that what we could do is schedule another public hearing, if necessary, to ensure that the public has their process and information ahead of time, because it is important work that we are doing. Thank you. COUNCIL MEETING 37 AUGUST 23, 2017 Council Chair Rapozo: Councilmember Kagawa. Councilmember Kagawa: I think I just want to agree one hundred percent (100%) with Councilmember Chock. I think there has been times when I reviewed the agenda and I have asked you, and you have been supportive of that, where I saw an item and said that we have to get details on this thing before it hits public hearing. So what we do is we contact the Administration, somebody is here and they have that presentation ready, and I think if we give them that opportunity, then we can fully criticize them for not being ready. Like you said, we do expect them to answer to us, especially when they are coming to us at the last-minute for an important request. It is not fair to us if they are not ready. In this case, I think we should, like Councilmember Chock said, have the courtesy on our end to say, "Hey, we have a lot of questions on first reading, which is not normal, so please be ready with some of these answers, especially about the drug treatment center. I have concerns with that and whether the bond issue going to be tied to that or not." With those kind of questions that you have, I think we can make it easier on ourselves instead of being here, pounding on members of the Administration who are trying to cover for the Director of Finance, who asked us if we had specific questions before he left. It is a two-way street and we need to work better together. Thank you, Chair. Council Chair Rapozo: Just for clarification, the Administration requested that we take these items early. My response was that because of the magnitude of these items and because that the public, in looking at the agenda, and seeing that it was the last item on the agenda, when have we ever finished an agenda like this by 10:00 a.m.? It is not fair for to the public for us to take such a serious, big item, move it up early for someone who has to catch a flight to an attorneys' conference. So I said, "No, we are not going to manipulate the agenda." Trust me, the frustration is not with the Department of Public Works. Lyle, please, it is not with the Department of Public Works. I appreciate you folks coming up here, but the reality is that I told Scott and Scott told them that they need to have someone here that can answer the question. Honestly, if we did not have this deadline of November or October or whenever, I would say, "Screw it. Send it back and come back when it is correct." I do not understand why something like this is so difficult to manage. If I am going to apply for a job, you have to show up. You cannot go to the interview and say, "I have to go to lunch so can you have the interview without me?" You are not going to get the job. I agree with Councilmember Yukimura. I am even more frustrated now that the Adolescent Treatment and Healing Center is not on, but it is on. Or it is on, but it is not on. Anyway, I just want to make it clear that there was communication between the Council and the Administration regarding this item and I thought it was made perfectly clear that we needed them here. I can see if there was a medical appointment or if there was some kind of issue that had to get them out of here, but for an attorneys' conference on a Wednesday that you could have gone to later? If you had to go, then have your deputy. Did the Deputy go, too? Did everybody go to the attorneys' conference? I apologize for the frustration, but this is a serious matter. Councilmember Yukimura is right; at the end of the day, this Council could change this whole list. This Council could make it a thirty million dollar ($30,000,000) and a forty million dollar ($40,000,000) bond. If this body and the public felt that we needed moneys and we are willing to invest in a bond to take COUNCIL MEETING 38 AUGUST 23, 2017 care of some long-term issues that we need to fix, this Council is the final body, not the Administration. I would like to see what is the debt service...what is the cost of a thirty million dollar ($30,000,000), forty million dollar ($40,000,000), or fifty million dollars ($50,000,000)? Give us a range. This is our opportunity to fix things that needs to be fixed. I can tell you that the individual meetings where I met with them, this is not the list that we talked about. This list has evolved since then. This is the opportunity for the Council to participate with the public to figure out what we need and what we are willing to go out and borrow money to fix on this island. Anyway, I just wanted to clarify that there was communication between our office and theirs. Councilmember Yukimura. Councilmember Yukimura: The Administration could save itself a lot of trouble if it would submit in writing information that is essential to decision-making. It is not for us to tell them what information they should be submitting as essential information. That is the first. Then based on the essential information, we ask our questions. But I feel almost unprofessional not to have the basic information and to make us go off just a list that does not have any other information about it and say, "Oh, well we told you that several weeks ago." No, that is not how to do it. They do not even have to come if they do a good job and give us all of the information. It could have been attached to the communication that says, "Transmitting for Council consideration`all of this' and it gives us the information that backs it up. The Agency on Elderly Affairs always gives us all of this really clear information whenever they are asking us to make a decision about some;of the funding that they need or whatever. So I would like to ask the Administration in the future to think about that, whether it is a climate action plan or a bond issue, submit at the beginning when you give us the initial communication, give us all of the information that is essential to decision-making. Council Chair Rapozo: Any other discussion? With that, the motion is to approve and schedule the public hearing on the 20th. We will also schedule an informational briefing on the 13th in the Budget & Finance Committee. Councilmember Kagawa: Did you call for public testimony? Council Chair Rapozo: Yes, we did. Roll call. I am sorry, did you have something to add? Councilmember Yukimura: Maybe Wally has the answer. He just stepped in. Council Chair Rapozo: I am done. We are moving on and we are going to vote. September 13th is the next one. I do not want to belabor this. We will have that discussion and they will be better prepared and so will we. Likewise, Councilmembers, if you have projects that you are interested in possibly including in a bond float, I would suggest that you do the same preparation that we are asking of them and have that prepared as well. Roll call. COUNCIL MEETING 39 AUGUST 23, 2017 The motion for passage of Proposed Draft Bill (No. 2665) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for September 20, 2017, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Brun, Chock, Kagawa, Kawakami, Yukimura, Rapozo TOTAL— 6, AGAINST PASSAGE: None TOTAL— 0, EXCUSED & NOT VOTING: Kaneshiro TOTAL— 1, RECUSED & NOT VOTING: None TOTAL — 0. Ms. Fountain-Tanigawa: Six (6) ayes, one (1) excused. Council Chair Rapozo: With that, that ends the Council Agenda for today. There is no further business. With no objections, this meeting is adjourned. ADJOURNMENT. There being no further business, the Council Meeting adjourned at 10:17 a.m. Respectfully submitted, Sn . JAD B FOUNTAIN-TANIGAWA Count lerk :ct ATTACHMENT 1 (August 23, 2017) FLOOR AMENDMENT Resolution No. 2017-44, Supporting Extension of O`ahu's General Excise Tax Surcharge For the Honolulu Rail Project Introduced by: JOANN A. YUKIMURA Amend Resolution No. 2017-44 as follows: 1) Amend the 14th paragraph and add new 15th and 16th paragraphs to read as follows: "WHEREAS, the GET surcharge is a comparatively stable funding source that is imposed only on business operations in the City, and will allow HART to engage in long-term planning for the Rail Project; [now, therefore] and WHEREAS, like the City and County of Honolulu, Kaua`i County and the other neighbor island counties need to improve their land transportation systems as well by expanding their local transit systems and addressing their backlogs of road repair. Additional funding sources will greatly help each county better manage traffic congestion, lower household transportation costs, address global warming, and support a robust economy, and "WHEREAS, SENATE BILL 1183 proposes to allow neighbor island counties the option of a one-half percent GET surcharge to address their land transportation needs; now, therefore," 2) Add a new 2 in the BE IT RESOLVED paragraph and renumber the subsequent paragraph accordingly: "2. That it supports the one-half percent surcharge option for all neighbor island counties for the purposes of meeting land transportation infrastructure and operating needs, with the option to be exercised or not by decision of the respective county council." (Material to be deleted is bracketed. New material to be added is underscored.) V:\AMENDMENTS\2017\08-23-2017 Oahu GET Reso 2017-44 AMK:aa