Loading...
HomeMy WebLinkAbout11/14/2018 Council minutes COUNCIL MEETING NOVEMBER 14, 2018 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, November 14, 2018 at 8:33 a.m., after which the following Members answered the call of the roll: Honorable Arthur Brun Honorable Mason K. Chock Honorable Ross Kagawa Honorable Arryl Kaneshiro Honorable Derek S.K. Kawakami Honorable JoAnn A. Yukimura Honorable Mel Rapozo APPROVAL OF AGENDA. Councilmember Chock moved for approval of the agenda, as circulated, seconded by Councilmember Yukimura. Council Chair Rapozo: Thank you. If there are no objections, I would like to take the public safety, Police and Fire, up front. I know the Fire Department has a conference going on right now and obviously, for the Police, we would rather see them on the road than here. If there is no objection, we will go forward with that. The motion for approval of the agenda, as circulated, was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. MINUTES of the following meetings of the Council: October 10, 2018 Council Meeting October 10, 2018 Public Hearing re: Bill No. 2720 and Bill No. 2722 October 24, 2018 Council Meeting Councilmember Chock moved to approve the Minutes as circulated, seconded by Councilmember Yukimura. Council Chair Rapozo: Thank you. Is there any discussion or public testimony? Okay. There being no objections, the rules were suspended to take public testimony. COUNCIL MEETING 2 NOVEMBER 14, 2018 BRUCE HART: This is in regards to the Minutes of October 10, 2018. Council Chair Rapozo: Okay. Mr. Hart: There are three (3) pages to each one. For the record, Bruce Hart. As I stated, I am going to be speaking on the Resolution in regards to the Paris Climate Agreement. What you have before you, if you could go to the third page, you will see a printout from the United Nations'web page in regards to uphold international law. Now, this is the department in the United Nations that a lot of people refer to as the "ICC" or the International Criminal Court. What I have done in the pages, there are actually four (4) pages printed on both sides, is I have given commentary and I have given a delineation of the first paragraph of this to uphold international law. There is no time for me to be able to go through what I have given you. I wish there was so that the public could benefit also. But • word-by-word and line-by-line, I have delineated or given a legal analysis of this contract that we, the United States of America as a Member State of the United Nations, had entered into. In the past, I have spoken on the issue of the United Nations and this is the crux of the hub of why I am against the United Nations. The issue is one of national sovereignty. If you read my commentary and my delineation, my position is clear; I do not recognize the United Nations as an authority over me as a citizen of the United States of America. They are not my elected representatives and they have no authority over my liberties, either my unalienable right or the rights given to me under the rule of law. I would suggest for everyone that if they have an interest in this, that they listen to the latest speech by Mr. President to the General Assembly of the United Nations. I am in accord with probably one hundred percent (100%) of what he said. He reestablished that the United States of America and its people are a free people. The only authorities that we recognize is in the Declaration of Independence. We recognize God as sovereign above all, above all rule of law. He is the law and then our Constitution, and that is the law of man. I see my time is up. I will mention one other thing. I would strongly suggest that all of you read this book. It is called The Creature from Jekyll Island by Griffin and it talks about the globalist banking system and where money comes from. Alright. Council Chair Rapozo: Thank you. Mr. Hart: 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: The motion is to approve the Minutes. The motion to approve the Minutes as circulated was then put, and unanimously carried. • COUNCIL MEETING 3 NOVEMBER 14, 2018 Council Chair Rapozo: Motion carried. We have one (1) item on the Consent Calendar. CONSENT CALENDAR: C 2018-237 Communication (10/05/2018) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Dean A. Pigao to the Police Commission — Term ending 12/31/2020. Council Chair Rapozo: Can I get a motion, please? Councilmember Chock moved to receive C 2018-237 for the record, seconded by Councilmember Yukimura. Council Chair Rapozo: 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: Is there any discussion? The motion to receive C 2018-237 for the record was then put, and unanimously carried. Council Chair Rapozo: Thank you. Now, if you could go to C 2018-239. There being no objections, C 2018-239 was taken out of order. COMMUNICATIONS: C 2018-239 Communication (09/26/2018) from the Acting Chief of Police, requesting Council approval of the indemnification language contained in the extension of software license agreement for law enforcement participants of the MSAB XRY Logical & Physical License Renewal and XRY Cloud License Renewal, which allows the Kaua`i Police Department authorized use and access to MSAB software updates, which is required for court admissibility of the product usage. • MSAB End User License Agreement Councilmember Chock moved to approve C 2018-239, seconded by Councilmember Kaneshiro. Council Chair Rapozo: Is there any discussion or public testimony? There being no objections, the rules were suspended to take public testimony. COUNCIL MEETING 4 NOVEMBER 14, 2018 There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to approve C 2018-239 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. I am sorry. I meant C 2018-238. Can we go back to C 2018-238? C 2018-238 Communication (09/25/2018) from the Acting Chief of Police, requesting Council approval of the indemnification language contained in the extension of software license agreement for law enforcement participants of the Cellebrite UFED 4PC and Cloud Analyzer, which provides the Kaua`i Police Department authorized use and access to Cellebrite software updates, which is required for court admissibility of the product usage. • Cellebrite End User License Agreement Councilmember Kaneshiro moved to approve C 2018-238, seconded by Councilmember Brun. Council Chair Rapozo: Is there any discussion of public testimony? Councilmember Kagawa. Councilmember Kagawa: I just have a question. Council Chair Rapozo: Okay. With that, I will suspend the rules. Can we have someone from the Department? There being on objections, the rules were suspended. STEPHANIE REGAN, Crime Scene Specialist I: Good morning. Stephanie Regan, for the record. Councilmember Kagawa: Good morning. KENNETH CUMMINGS, Lieutenant: Kenneth Cummings, for the record. Councilmember Kagawa: Thank you. I just wanted to ask, is this an existing contractor or is this a new contractor? Ms. Regan: We have had this hardware in agreement, but each year, we have to do license renewals. Councilmember Kagawa: So, is it existing? Mr. Cummings: Existing. Ms. Regan: Yes. COUNCIL MEETING 5 NOVEMBER 14, 2018 Councilmember Kagawa: Has it been working fine? Ms. Regan: Yes. Councilmember Kagawa: Are there any problems working with the contactor? Ms. Regan: No. Councilmember Kagawa: Thank you. Council Chair Rapozo: Thank you. Ms. Regan: Thank you. Councilmember Yukimura: Thank you. Council Chair Rapozo: With that, I will call the meeting back to order. There being no objections, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there 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: Council Chair Rapozo: Seeing none, the motion is to approve. The motion to approve C 2018-238 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Let us go to C 2018-245. There being no objections, C 2018-245 was taken out of order. C 2018-245 Communication (10/29/2018) from the Fire Chief, requesting Council approval to apply for, receive, and expend the following two (2) Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grants (AFG), if awarded, to fill the gap in current operations: • Initial Attack Mini-Pumper Vehicle for the isolated rural community of Ha`ena-Wainiha, valued at $297,000.00 of which AFG would cover $270,000.00 and the Kaua`i Fire Department (KFD) would be responsible for the remaining $27,000.00, in a ninety percent/ten percent (90%/10%) cost share; and COUNCIL MEETING 6 NOVEMBER 14, 2018 • Heavy-Rescue Extrication Equipment & Training. The funding will be used to purchase Lithium-Ion Battery-Operated Cordless Cutter/Spreader Combination Units, Large/Heavy Commercial Vehicle Strut Stabilization Systems, Lift Air Bags, and NFPA 1670 compliant training to all KFD personnel. The cost of the project is $212,000.00, of which AFG would cover $192,728.00, and the KFD would be responsible for the remaining $19,727.00, in a ninety percent/ten percent (90%/10%) cost share. Councilmember Chock moved to approve C 2018-245, seconded by Councilmember Brun. Council Chair Rapozo: Is there any discussion? Councilmember Chock. Councilmember Chock: I just have a question, Council Chair Rapozo. Council Chair Rapozo: Okay. Can we have someone from the Fire Department up? I will suspend the rules. There being no objections, the rules were suspended. Councilmember Chock: Good morning, Chief. ROBERT F. WESTERMAN, Fire Chief: For the record, Robert Westerman, Fire Chief. Councilmember Chock: I just had two (2) questions, one was regarding the vehicle. Do we have a plan on where we intend to house the vehicle? Mr. Westerman: Yes, currently it will be housed in Station 1. Councilmember Chock: Okay, so it will be at Station 1? Mr. Westerman: Right. Councilmember Chock: And given the fact that the bridge closes often and this is meant to be utilized on the far north end of Kaua`i, do we foresee a need for a location for that in the future? Mr. Westerman: On the other side in the Ha`ena area? Councilmember Chock: Yes. Mr. Westerman: That would be optimal, and what we have done currently, is we actually take an older vehicle and place it across there. As you know that last fire we had, we could not get our engine across. We could only the get smaller vehicles across, so this would put a small brush-type looking vehicle that you see the truck in all of our stations, immediately available in the community so that COUNCIL MEETING 7 NOVEMBER 14, 2018 we could respond and not have to worry about getting the engine across. But right now, it would be housed in Hanalei. There are times when we do put a vehicle across and that would be the vehicle that we put across the bridges. Councilmember Chock: I have a question on item two. Council Chair Rapozo: Okay. Are there any more questions on item one, the truck? Councilmember Yukimura. Councilmember Yukimura: Yes, Chief, good morning. Are we keeping it in Lihu`e because we do not have any place on the north shore? You say it would be optimal to find a place to keep it on the north shore? Mr. Westerman: I am sorry, I thought I said Hanalei, Station 1. Councilmember Yukimura: Oh, okay. Mr. Westerman: It is in that district already even though the optimal space is to have it down in Ha`ena somewhere. Councilmember Yukimura: Excuse my ignorance. I get it. Mr. Westerman: When we move vehicles across, we have landowners over there that allow us to park the vehicle on their property. Councilmember Yukimura: On a short-term basis? Mr. Westerman: Yes, like the Hanalei Colony Resort. They have allowed us to park in their parking lot so that it is there already available. Also, it helps that we have firefighters that live in that area, so if the whole area gets cut off, then they would have access to that vehicle. Councilmember Yukimura: Is the vehicle on its own power to get across so you do not need a larger truck or anything? Mr. Westerman: No. It is a small truck, yes. Councilmember Yukimura: Okay. Thank you. Council Chair Rapozo: Thank you. Councilmember Chock. Councilmember Chock: Question number two is on the extrication equipment. Is that going to be housed in a particular station as well? Mr. Westerman: It will be housed with the Rescue Crew with the heavy rescue vehicle in Lihu`e. Councilmember Chock: Station 2? COUNCIL MEETING 8 NOVEMBER 14, 2018 Mr. Westerman: In Lihu`e. I am sorry, yes. Councilmember Chock: Okay. Thank you very much. Council Chair Rapozo: Are there any other questions? Seeing none, thank you very much. Anyone in the audience wishing to testify? Seeing none, I will call the meeting back to order. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there any further discussion? Councilmember Kagawa. Councilmember Kagawa: I would like the future Administration to consider possibly looking at a volunteer fire team north of the Hanalei bridge. There are many communities that already do it in the mainland and Hawai`i Island utilizes some volunteer firefighters. I think perhaps that may be a good idea for a remote area like that, that is cut off from the main fire station in case the bridge closes. Thank you. Council Chair Rapozo: Thank you. If there is no more discussion, the motion is to approve. The motion to approve C 2018-245 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. JADE K. FOUNTAIN-TANIGAWA, County Clerk: Council Chair Rapozo, did you want to take the money bill also, C 2018-249? It requested Chief Westerman's presence for that item. Council Chair Rapozo: I am sorry. Ms. Fountain-Tanigawa: C 2018-249, on page 4. Council Chair Rapozo: Oh, okay. Yes. Did the Fire Chief leave? Go ahead. We can go ahead. There being no objections, C 2018-249 was taken out of order. C 2018-249 Communication (11/02/2018) from the Director of Finance and the Acting County Engineer, transmitting for Council consideration, proposed amendments to Ordinance No. B-2018-842, as amended, relating to the Fiscal Year 2018-2019 Capital Improvement Projects (CIP) Budget, to fund the Kaua`i Fire Department helicopter hangar and Kilauea/Kolo Road safety design work, in the amount of $995,000.00. COUNCIL MEETING 9 NOVEMBER 14, 2018 Council Chair Rapozo: Can I get a motion? This is just the Communication. Councilmember Chock moved to receive C 2018-249 for the record, seconded by Councilmember Kaneshiro. Council Chair Rapozo: Thank you. Is there 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 2018-249 for the record was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Let us do the money bill, too. There being no objections, Proposed Draft Bill (No. 2728) was taken out of order. BILLS FOR FIRST READING: Proposed Draft Bill (No. 2728) —A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2018-842, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2018 THROUGH JUNE 30, 2019, BY REVISING THE AMOUNTS ESTIMATED IN THE BOND FUND AND GENERAL FUND-CIP (Helicopter Hangar and Kilauea/Kolo Road Improvements - $995,000.00): Councilmember Chock moved for passage of Proposed Draft Bill (No. 2728) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 19, 2018, and referred to the Budget & Finance Committee, seconded by Councilmember Brun. Council Chair Rapozo: Is there any discussion or public testimony? Councilmember Yukimura. Councilmember Yukimura: Can we have someone from Public Works? Council Chair Rapozo: Okay. Public Works. I will suspend the rules. There being no objections, the rules were suspended. LYLE TABATA, Acting County Engineer: Good morning, Council Chair Rapozo and Members of the Council. Lyle Tabata, Acting County Engineer. Accompanying me is Doug Haigh from the Buildings Division, who is the Project Manager for this project. -w, COUNCIL MEETING 10 NOVEMBER 14, 2018 Councilmember Yukimura: Good morning, gentlemen. Can you just tell us what is anticipated for Kolo Road improvements? Mr. Tabata: The Kolo Road improvements is just fifty thousand dollars ($50,000) of the nine hundred ninety-five thousand dollars ($995,000) that we are asking for. Councilmember Yukimura: I see. Mr. Tabata: It is a result of a Safe Routes to School design charrette that we held in Kilauea. The community requested very strongly of us to consider a roundabout at this intersection, so we are looking at extra design funds to see if it is feasible and we can fit it in and make it work. Councilmember Yukimura: And the roundabout would be—is Kolo Road the road that goes past the school? Mr. Tabata: Exactly, yes. Councilmember Yukimura: Right, and Kilauea Road is the one that goes through the town. Mr. Tabata: Yes, and they are both Federal aid roads at this time. Councilmember Yukimura: Okay. Would the intersection be there almost in front of the stone church? Mr. Tabata: As I understand it, yes. Councilmember Yukimura: And you will be examining the feasibility of... Mr. Tabata: Well, to do a design and try to place it there. We believe it can be, but you do not know exactly how it will fit until you do surveying and look at the surrounding properties. Councilmember Yukimura: Okay. I know that the entrance to Kolo Road from the main highway needed repair very badly. Mr. Tabata: Yes. Councilmember Yukimura: Is that our job or is that the State Department of Transportation (DOT)? Mr. Tabata: It is our road. Councilmember Yukimura: Is that part of... Mr. Tabata: We have interim improvements planned. COUNCIL MEETING 11 NOVEMBER 14, 2018 Councilmember Yukimura: You have interim improvements planned? Mr. Tabata: Right. Much like what we did on Maluhia Road and Olohena Road, because of the time, the lack of the total funds, and because this project is on the 2021 Statewide Transportation Improvement Program (STIP), we are going do interim mill-and-fill improvements. We mill down three (3) inches and then we refill back asphalt-treated base. Councilmember Yukimura: Is that a temporary fix until 2021 when the road is up for repaving? Mr. Tabata: The entire project will hopefully come to fruition with the total design for this intersection all the way down Kilauea Road, which will also include a multi-use path and sidewalks on both sides up to, I believe, the shopping village area and connect everything on both sides and a multi-use path getting all the way down to the lighthouse working with Fish and Wildlife on that project. Councilmember Yukimura: Okay. So, it is not part of this project, which is a Safe Routes to School project? Mr. Tabata: Yes, but it is all being tied together as one project, yes. Councilmember Yukimura: I see. It sounds like a good project. Thank you. Mr. Tabata: Thank you. Council Chair Rapozo: Thank you. Are there any other questions? Seeing none, thank you very much. Anyone in the audience wishing to testify? Seeing none, I will call meeting back to order. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Again, the motion is to approve. Roll call. The motion for adoption of Proposed Draft Bill (No. 2728) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 19, 2018, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL — 7, AGAINST PASSAGE: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL — 0, RECUSED & NOT VOTING: None TOTAL — 0. COUNCIL MEETING 12 NOVEMBER 14, 2018 Ms. Fountain-Tanigawa: Seven (7) ayes. Council Chair Rapozo: We are back to C 2018-240, please. C 2018-240 Communication (10/12/2018) from the Director of Economic Development, requesting Council approval to receive and expend State funds, in the amount of $75,000.00, and to indemnify the State of Hawai`i, Department of Agriculture, for maintenance of the East Kaua`i irrigation system by the East Kaua`i Water Users Cooperative: Councilmember Kaneshiro moved to approve C 2018-240, seconded by Councilmember Brun. Council Chair Rapozo: Is there any discussion or public testimony? Councilmember Yukimura: Yes. Council Chair Rapozo: Did you have a question? Councilmember Yukimura: Yes. Council Chair Rapozo: For? Councilmember Yukimura: Regarding the agreement. Council Chair Rapozo: Yes, who do you want? Councilmember Yukimura: Office of Economic Development (OED). Council Chair Rapozo: With that, I will suspend the rules. There being no objections, the rules were suspended. NALANI BRUN, Operations Manager/Economic Development Specialist IV — Tourism: Aloha. Councilmember Yukimura: Good morning. Ms. Brun: Nalani Brun, Office of Economic Development. Councilmember Yukimura: Thank you, Nalani. Is this a regular funding or is this a one-shot? Ms. Brun: It is actually the second year that they have funded it. They funded it for a while and then they dropped out and the East Kaua`i Water Users Cooperative was trying to survive on their own. A lot of their projects fell in disrepair, so they went back and asked the Department of Agriculture for funding again and this is the second year that they are doing it. They are pretty much in catch-up and almost to the point where they have everything under control again. COUNCIL MEETING 13 NOVEMBER 14, 2018 Councilmember Yukimura: But it comes through OED and the County? Ms. Brun: Yes. The Department of Agriculture believes it is a lot easier for them to move it through the Office of Economic Development than going directly to the vendor. Councilmember Yukimura: But are they a formal cooperative? Ms. Brun: Yes, they are a nonprofit. It just takes a lot longer for them to process paperwork that way. Councilmember Yukimura: I see. Ms. Brun: We can do it easier. Councilmember Yukimura: Okay. I am quite aware of how important irrigation systems are and the maintenance. Do we have any accounting of how much agriculture it is supporting? Ms. Brun: Yes. I can provide that for you, but that is part of their requirement to the Department of Agriculture, to let they know how many farmers and ranchers are along the system. As part of their cooperative, they are always trying to rebuild and build more partnerships within that area. Councilmember Yukimura: There is conceivably some vacant land that could be farmed, but at the present time, is not. So, it represents a potential... Ms. Brun: Yes. The Department of Agriculture feels that and they are always encouraging them to try to get more farmers along the waterways. Councilmember Yukimura: I would like as a follow-up... Ms. Brun: Sure. Councilmember Yukimura: ...perhaps figures on how much agriculture is happening now in terms of production and farmers. Ms. Brun: Okay. Councilmember Yukimura: And then also, what potential lands are presently not farmed that could be productive. Ms. Brun: Okay. Councilmember Yukimura: Great. Thank you. Ms. Brun: Thank you. COUNCIL MEETING 14 NOVEMBER 14, 2018 Council Chair Rapozo: Councilmember Chock. Councilmember Chock: Thank you for the overview. I guess my question is about more long-term in terms of maintenance. I understand we have this money that is coming in to get us to catching up, so to speak, on these projects. Is there a more long-term plan for how to upkeep that maintenance by volunteers and people of the association? Ms. Brun: They actually are bringing in enough funds to maintain it for the basics. Councilmember Chock: Okay. Ms. Brun: However, when a flood hits or something like that happens, then they have double the work that they have to do and they are going to the Department of Agriculture. For a long time, OED provided them with funds. More currently, the Department of Agriculture has come in and their plan is basically to just keep building up membership to keep the systems running. Councilmember Chock: Regarding that kind of question about floods, has there been discussion and talks about how to mitigate those kind of concerns moving forward with this system? Ms. Brun: The East Kaua`i Water Users Cooperative has been in touch with our Director, George Costa, in this latest round of funding that came through for clearing of streams. They have looked into that area what needs to be done. Luckily, I think right above them is Grove Farm and a lot of the areas that they maintain their areas pretty well. It is just the areas that East Kaua`i Water Users Cooperative has to take care of that they have to deal with and that has not been as bad except when they shut down the dam a couple of times, that changed the course of the water a little bit up in Kapahi. Councilmember Chock: Does this affect the Keapana and Kealia watershed as well? Ms. Brun: It goes all the way from Kealia up to the Kalepa area. Councilmember Chock: Thank you. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: Does it affect the farms in Kealia as well? Ms. Brun: I would have to get back to you on that. I am not sure. I know that is right where the end is. (Councilmember Chock was noted as not present.) r m COUNCIL MEETING 15 NOVEMBER 14, 2018 Ms. Brun: I am not sure where it stops and which streams actually flow down into whose area, but that is definitely where the line is. Councilmember Yukimura: And you said that more mauka on Grove Farm lands, those are well-maintained? Ms. Brun: They have been pretty well maintained according to the Cooperative. Councilmember Yukimura: Which means that they do not get as much flood damage as the areas that are not maintained? Ms. Brun: Yes. It is just a really large area for them to manage. That is really what it is; guinea grass and all of the things that just kind of slowly-by-slowly get down into the water system. Councilmember Yukimura: Apparently, farmers along the way are doing some of their share... Ms. Brun: Yes. Councilmember Yukimura: ...in terms of—so there is a collection of a fee system? (Councilmember Chock was noted as present.) Ms. Brun: Yes. They all become members and their membership determines what they do and how they pay. Councilmember Yukimura: So it would be to everyone's advantage if they could get more farmers along the system? Ms. Brun: Yes, more people paying into the support of the system. Councilmember Yukimura: Okay. I once heard a talk on insurance and I guess it was mainly crop insurance, but I do not know if there is insurance that covers repair of irrigation systems. Do you know? Ms. Brun: I am sorry, I do not know. That is too deep for me. Councilmember Yukimura: Okay. Ms. Brun: But I can check up on that. Councilmember Yukimura: Yes. It was at Waipa. There was a workshop about six (6) months ago. No, maybe about four (4) months ago. There was a very knowledgeable person on... 15 COUNCIL MEETING 16 NOVEMBER 14, 2018 Ms. Brun: On insurance? Councilmember Yukimura: Yes, insurance for farmers. Ms. Brun: Okay. I will go look into that. Councilmember Yukimura: Thank you. Council Chair Rapozo: Thank you. Are there any other questions for Nalani? If not, thank you Nalani. Ms. Brun: Thank you. Council Chair Rapozo: I appreciate it. Is there any public testimony? I am sorry. Councilmember Kawakami: I had a question. Council Chair Rapozo: You had a question? Councilmember Kawakami: No. Council Chair Rapozo: Oh, okay. Thank you. Anyone in the audience wishing to testify? Seeing none, I will call meeting back to order. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there any discussion? Councilmember Kawakami. Councilmember Kawakami: Thank you, Council Chair Rapozo. This is an appropriation from our Legislative Delegation, so much mahalo to Senator Kouchi, Representative Tokioka, Representative Nakamura, and Representative Morikawa. This is an ongoing appropriation. I can tell you that from what was explained to us, it does serve everything from Kealia to Kalepa. It is widespread. It is folks like Jerry Ornellas. The Hindu Temple is affected by it. The reason why they appropriated seventy-five thousand dollars ($75,000) because the Department of Agriculture cannot do it. The only people that know how to maintain this system is the East Kaua`i Water Users Cooperative. If the Department of Agriculture was to take on this project, it would be exponentially more than seventy-five thousand dollars ($75,000). This is money well-spent and they are doing a great job. Thank you, Council Chair Rapozo. Council Chair Rapozo: Thank you. Councilmember Kagawa. Councilmember Kagawa: I remember having a conversation with Mamo Wakuta, and he said that all his fruit trees were all dying because the water was no longer flowing past his orchard. He told me years back, that he brought it up before, -- _ --- - ---- ----- --- - -------- - _ice COUNCIL MEETING 17 NOVEMBER 14, 2018 that the water is getting less and less and less. He said that by the time we do fix it, he is going to be dead, and it is true. He passed away, so let us get it done. I think if the flow has been diverted or what have you, let us get it back to its normal flow because there are people that are actually farming and relying on it. Thank you. Council Chair Rapozo: Anyone else? My only concern is the amount. If you read the scope of services and you see what is expected, I do not think seventy-five thousand dollars ($75,000) is going to be enough, and I think that is the concern. Anyway, thank you very much. The motion is to approve. The motion to approve C 2018-240 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. C 2018-241 Communication (10/18/2018) from the Executive on Transportation, requesting Council approval to accept the donation, valued at $23,000.00, of the following items from the existing system provider RouteMatch, to optimize the use of the software to serve the community and continue to develop the tools utilized to effectively and efficiently serve the clients of The Kaua`i Bus: • Onsite Advance Consulting Services (ACG), valued at $14,000; and • Mobile Device Management System (MDM) and associated Data Plan Upgrades, valued at $9,000. Councilmember Kaneshiro moved to approve C 2018-241 with a thank-you letter to follow, seconded by Councilmember Chock. Councilmember Yukimura: I have a question. Council Chair Rapozo: Okay. I will suspend the rules. Is Transportation here? Councilmember Brun: No. Councilmember Yukimura: Can we defer the item? Council Chair Rapozo: Whatever you folks want. Is Transportation available? I will entertain a motion to defer. Councilmember Yukimura: Oh, if we can put did at the end of the agenda so they can come. Council Chair Rapozo: Whatever you folks want. Again, they want the money and they are not here. It is frustrating. I do not know. One (1) Wednesday a week. They are asking for the money. We are not. It is up to you folks. I will move them to the end, the very end like I did with Public Works the last time, to the very end of the agenda and they wait for us. Councilmember Yukimura: Okay. COUNCIL MEETING 18 NOVEMBER 14, 2018 Council Chair Rapozo: Next item. Councilmember Yukimura: Thank you, Council Chair Rapozo C 2018-242 Communication (10/19/2018) from the Director of Finance and the Housing Director, transmitting for Council consideration, a Proposed Draft Bill to establish a new fund entitled the Special State CIP Fund, contingent on funding provided through the execution of the Dwelling Unit Revolving Fund (DURF) Building Loan Agreement between the Hawai`i Housing Finance and Development Corporation (HHFDC), pursuant to Hawai`i Revised Statutes (HRS) Chapter 201H, and the County of Kaua`i, as adopted by Kaua`i County Council Resolution No. 2017-43, for the purposes of partially funding the Lima Ola Workforce Housing Project: Councilmember Yukimura moved to receive C 2018-242 for the record, seconded by Councilmember Brun. Council Chair Rapozo: Thank you. Is there any discussion or public testimony? Councilmember Yukimura. Councilmember Yukimura: I know there is a Bill, but could we also ask questions now? Council Chair Rapozo: Yes. Councilmember Yukimura: Is that Ken? Council Chair Rapozo: With that, I will suspend the rules. We will take the discussion here and then we will go right to the Bill at the same time. Councilmember Yukimura: Okay. Thank you. There being no objections, the rules were suspended. KEN M. SHIMONISHI, Director of Finance: Aloha, Councilmembers. Ken Shimonishi, Director of Finance. Councilmember Yukimura: Good morning, Ken. Mr. Shimonishi: Good morning. Councilmember Yukimura: I presume this is a pretty perfunctory thing because—hi, Steve—because we approved the loan request for Lima Ola that we are setting up an account. Mr. Shimonishi: That is correct. Following discussions between our accounting staff and the Housing Agency, the accounting staff came back with a recommendation that we establish this fund with this project in order to receive the proceeds and track the project going forward. On the annual Capital Improvements Project (CIP) Ordinance, you will see this fund now being included with that until it is exhausted or whatnot. COUNCIL MEETING 19 NOVEMBER 14, 2018 Councilmember Yukimura: Right, and we can track it that way? Mr. Shimonishi: Correct. Councilmember Yukimura: Okay. That is all I needed to know. Thank you. Council Chair Rapozo: Thank you. Anyone in the audience wishing to testify? Seeing none, I will call the meeting back to order of. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there any further discussion? This is the Communication. The motion is to receive. The motion to receive C 2018-242 for the record was then put, and unanimously carried. Council Chair Rapozo: Can we go to Bill No. 2726, please? There being no objections, Proposed Draft Bill (No. 2726) was taken out of order. Proposed Draft Bill (No. 2726) — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B-2018-842, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2018 THROUGH JUNE 30, 2019, BY REVISING THE AMOUNTS ESTIMATED IN THE SPECIAL STATE CIP FUND (Special State CIP Fund, Lima Ola Affordable Housing Project - $13,000,000.00): Councilmember Kaneshiro moved for passage of Proposed Draft Bill (No. 2726) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 19, 2018, and referred to the Budget & Finance Committee, seconded by Councilmember Brun. Council Chair Rapozo: Thank you. Is there 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: Council Chair Rapozo: Seeing none, roll call. The motion for adoption of Proposed Draft Bill (No. 2726) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 19, 2018, and referred to the Budget & Finance Committee was then put, and carried by the following vote: COUNCIL MEETING 20 NOVEMBER 14, 2018 FOR PASSAGE: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL – 7, AGAINST PASSAGE: None TOTAL – 0, EXCUSED & NOT VOTING: None TOTAL – 0, RECUSED & NOT VOTING: None TOTAL – 0. Ms. Fountain-Tanigawa: Seven (7) ayes. Council Chair Rapozo: Next item, please. (Councilmember Kagawa was noted as not present.) C 2018-243 Communication (10/25/2018) from the Prosecuting Attorney, requesting Council approval to receive and expend the supplemental award, an increase of $30,052.00 from $135,285.00 to $165,337.00, from the Fiscal Year (FY) 2016 Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program/Grants, contract 16-DJ-07, to continue the Sex Assault Prosecution Unit to March 31, 2018. The current contract is set to expire on December 31, 2018: Councilmember Yukimura moved to approve C 2018-243, seconded by Councilmember Brun. Council Chair Rapozo: Is there any discussion or public testimony? I see Yvette is here. Does anyone want to ask her a question? Councilmember Chock: Bring Yvette for their money, right? Council Chair Rapozo: If there is no—I am sorry? With that, you need to come up. I will suspend the rules. There being no objections, the rules were suspended to take public testimony. FELICIA COWDEN: Felicia Cowden. It says to extend it to March 2018. I believe you mean March 2019. Just to make that correction. Council Chair Rapozo: On the agenda? Ms. Cowden: Well, what was just read out? Council Chair Rapozo: Oh, okay. The Communication is correct. It is just the agenda. Ms. Cowden: Okay. Council Chair Rapozo: Thank you. 2018 to November 2019, that is correct. Oh, here this one here, C 2018-243. Yes, okay. I am looking at the wrong one. Hang on. I need clarification if it is a typographical error or is this retroactive? I was looking at C 2018-244. I apologize. I will suspend the rules, Yvette. YVETTE SAHUT, Administrative Services Officer: Good morning. COUNCIL MEETING 21 NOVEMBER 14, 2018 Council Chair Rapozo: The communication is saying it is going to continue the Sexual Assault Prosecution Unit to March 31, 2018. Should that be 2019? Ms. Sahut: Yvette Sahut, Office of the Prosecuting Attorney. Yes, that is a typographical error. Council Chair Rapozo: Okay. Ms. Sahut: The funds would go until March 31, 2019. Council Chair Rapozo: Okay. I am looking at the grant application and the grant is correct. It is just the communication. Ms. Sahut: Yes. Council Chair Rapozo: Thank you. Ms. Sahut: Thank you. Council Chair Rapozo: I will call the meeting back to order. There being no objections, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: The motion is to approve with the understanding that needs to be changed to 2019. Is there any further discussion? The motion to approve C 2018-243 with the understanding that the funding is to continue the Sex Assault Prosecution Unit to March 31, 2019 was then put, and unanimously carried (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Rapozo: Motion carried. Next item, please. C 2018-244 Communication (10/25/2018) from the Prosecuting Attorney, requesting Council approval to receive and expend the increase in funds, from $75,000.00 to $100,000.00, from contract DHS-16-OYS-624, from the State of Hawai`i, Office of Youth Services, to continue the Kaua`i Teen Court program, which is subcontracted to Hale `Opio Kaua`i, with a tentative time period of December 1, 2018 to November 30, 2019: Councilmember Chock moved to approve C 2018-244, seconded by Councilmember Yukimura. Council Chair Rapozo: Is there any discussion or public testimony? Councilmember Chock. Councilmember Chock: I do have a question, Council Chair Rapozo. COUNCIL MEETING 22 NOVEMBER 14, 2018 Council Chair Rapozo: Okay. With that, I will suspend the rules. There being no objections, the rules were suspended. Councilmember Chock: Thank you, Yvette. I did get a call from Hale `Opio about the program and some of the concerns. I just wanted to get a clearer sense what the need was, if this would address it, and how. Is this going to be able to fill, I guess, the gaps in need that are being requested from Hale `Opio in terms of staffing and oversight for the program? Ms. Sahut: Yvette Sahut, Office of the Prosecuting Attorney. From my understanding, it will fill the gaps and needs. It is an additional twenty-five thousand dollars ($25,000) from what we currently are receiving. I did not get further concerns from Hale `Opio regarding that. The funding from what I understood, would fill those and would be supplemental to what we currently have to fund the Teen Court program. Councilmember Chock: Thank you. Ms. Sahut: Thank you. Council Chair Rapozo: I do not know if you can answer this, Yvette, but for the Office of the Prosecuting Attorney, I am hoping that we are tracking these grants and there are some measurables at the end so that we are not just writing a check. Usually, we see the number of cases. Ms. Sahut: Yes, those... Council Chair Rapozo: You can take that back to Justin, so that we are tracking. Ms. Sahut: Actually, Hale `Opio provides us with those measurable, so we can request that from them. Council Chair Rapozo: Okay. Thank you. Ms. Sahut: Thank you. Council Chair Rapozo: I will call the meeting back to order. There being no objections, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there any further discussion? The motion to approve C 2018-244 was then put, and unanimously carried (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). COUNCIL MEETING 23 NOVEMBER 14, 2018 Council Chair Rapozo: Thank you, Felicia, for that good catch over there. Next item, please. C 2018-246 Communication (10/31/2018) from the Housing Director, requesting Council approval to apply for, receive, and expend, grant money from the United States Department of Housing and Urban Development (HUD), in the amount of $144,000.00, for the continuation of the two (2) Housing Choice Voucher Family Self-Sufficiency (HCVFSS) Program Coordinators' salaries, and to also indemnify HUD for the use of said funds: Councilmember Chock moved to approve C 2018-246, seconded by Councilmember Yukimura. Council Chair Rapozo: Is there any discussion or public testimony? Go ahead. I will suspend the rules. There being no objections, the rules were suspended. STEVE FRANCO, Homebuyer Specialist: Good morning, Steve Franco with the Housing Agency. Councilmember Yukimura: Do you want to introduce them? Mr. Franco: Yes. We also have our Housing Self-Sufficiency (HSS) Program Coordinator, Ku'ulei Palomares, and also Deslynn Jaquias as well from the Housing Agency. Councilmember Yukimura: Thank you. Thank you all. I just wanted to highlight this program and ask a couple of questions. This is a program that helps our families get to more self-sufficiency, correct? KU`ULEI PALOMARES, Housing Self-Sufficiency Specialist I: Correct. Councilmember Yukimura: Thank you for these statistics that you have given us. For the period of last year, January to December, you had one hundred seven (107) households, which is three hundred sixty-four (364) individuals, and the average increase in earned income was eight thousand two hundred five dollars ($8,205)? Ms. Palomares: Correct. Councilmember Yukimura: Can you explain how families increase their earned income through this program? (Councilmember Kagawa was noted as present.) Ms. Palomares: Depending on each individual family, when they come in, some are not employed and some are part-time. We also include if there is another adult in the household that has earned increased income. Councilmember Yukimura: Is it a household income that you measure? COUNCIL MEETING 24 NOVEMBER 14, 2018 Ms. Palomares: Correct. Councilmember Yukimura: Okay. You do a match, do you not? Is there not a match? Ms. Palomares: It is not a match. Councilmember Yukimura: Oh. Ms. Palomares: When they come into the program, they sign a contract with us at whatever income they are at that time. When they have significant increases in earned income of employment whether it is self-employment or just regular employment, they get an amount that will be put into an escrow account for them every month until they make an employment change or income change. Councilmember Yukimura: I am sorry. I do not know that I understood all of that. Families enter this program and they get fiscal education, right? Ms. Palomares: They set goals for themselves whether it is... Councilmember Yukimura: And they set goals. Ms. Palomares: Whether it is financial, education, or to gain employment. It is solely up to them. Councilmember Yukimura: I see. Okay. Ms. Palomares: We support or try to refer them out according to the goals that they set for themselves. Councilmember Yukimura: Okay, and do they graduate out of this program? Ms. Palomares: They have five (5) years. Councilmember Yukimura: Five (5) years. Ms. Palomares: To complete their goals. Head of household needs to be full-time employed by the end of the five (5) years. That is one of the United States Department of Housing and Urban Development (HUD) stipulations within this program and also complete their goals in order to successfully graduate from the program. Councilmember Yukimura: Okay. I can see that it really is building capacity in families to be more fiscally self-sufficient, so financially self-sufficient. Ms. Palomares: Yes. COUNCIL MEETING 25 NOVEMBER 14, 2018 Councilmember Yukimura: Can you just explain the escrow account part? Ms. Palomares: Yes. We open an escrow account, which is zero dollars ($0). When they sign the contract, they are set. Starting yearly income is set down in the contract. Any time thereafter they get increases in earned income, they get an update in their housing choice voucher and their rent portion will go up. That portion is not a dollar-for-dollar amount, but a portion could be set aside for them because of that increase into their escrow account every month until another change is made in their household income. Councilmember Yukimura: Is there some outside funds coming in to these families? Ms. Palomares: This is directly from the HUD program. Councilmember Yukimura: HUD program? Ms. Palomares: Correct. Councilmember Yukimura: Okay. As they increase their capacity, they are actually entitled to increased support from HUD? Ms. Palomares: Yes. Councilmember Yukimura: And that money that is in that escrow account when they graduate out of the program, can be used for down payment on a house or something? Ms. Palomares: Yes. It is for them, whatever... Councilmember Yukimura: To choose how they use... Ms. Palomares: Yes. We cannot suggest what they use it for. Councilmember Yukimura: Okay. But does it build a saving mentality? Ms. Palomares: Correct. Councilmember Yukimura: Okay. Do you folks evaluate the success of these programs? Council Chair Rapozo was talking about measurable for the programs that we are doing, previously. Ms. Palomares: Yes. We have newsletters that we send out quarterly. We highlight some to encourage the others. We do our yearly track in our computer systems that we can bring up numbers of our success. Councilmember Yukimura: Are you always trying to enroll more people and more families in this program? COUNCIL MEETING 26 NOVEMBER 14, 2018 Ms. Palomares: Correct. It is on a voluntarily basis, so we cannot require this upon them. But when we do have briefings for the new participants to come on-board, we are there to share the program with them. Councilmember Yukimura: I know in order to be in the homebuyer list, we require any applicant for housing to take a homebuyers course. Ms. Palomares: Correct. Councilmember Yukimura: In our HUD voucher applicants, we also require them to do... (Councilmember Chock was noted as not present.) Councilmember Yukimura: No? Ms. Palomares: It has to be a goal of theirs. Councilmember Yukimura: Oh, yes. We do not require. We invite. Ms. Palomares: We cannot. Councilmember Yukimura: But do we invite? Ms. Palomares: Yes, correct. We do invite, yes. Councilmember Yukimura: I see. Okay. How long has this program been going on? Ms. Palomares: Seventeen plus (17+) years. Councilmember Yukimura: Okay. Is the evaluation of the housing staff is that it is a successful program? Do you have the statistics that show what your achievements have been over the seventeen (17) years, how many families have been helped, et cetera? Ms. Palomares: I know... Mr. Franco: I am sure we could probably compile that information and provide that to you from when it started here at the Housing Agency. We can probably compile that data and provide it. Councilmember Yukimura: Okay, but it is a Federal program that we are implementing, right? Ms. Palomares: Yes, right. Mr. Franco: That is correct. COUNCIL MEETING 27 NOVEMBER 14, 2018 Councilmember Yukimura: Great. Thank you very much. Ms. Palomares: Thank you. Council Chair Rapozo: Thank you. Are there any other questions for the Administration? If not, thank you very much. Anyone in the audience wishing to testify? Seeing none, I will call the meet back to order. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: The motion is to approve. The motion to approve C 2018-246 was then put, and unanimously carried (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Chock was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Rapozo: Motion carried. Next item, please. C 2018-247 Communication (11/02/2018) from the Mayor, requesting Council approval, to accept an in-kind donation valued at $7,396.58 from Matson, Inc., and to hold harmless the same, to ship a 1991 Seagraves Fire Truck having a gross vehicle weight (GVW) of 40,500 lbs., length of 29 feet, width of 9 feet, and height of 9 feet 7 inches to the Los Angeles Port, California. The final destination of the fire truck is the Municipality of Urdaneta, Province of Pangasinan, Republic of Philippines: Councilmember Kagawa moved to approve C 2018-247 with a thank-you letter to follow, seconded by Councilmember Kaneshiro. (Councilmember Chock was noted as present.) Council Chair Rapozo: Thank you. I have a question and maybe it was a meeting that I missed. Does anyone remember if the Council approved the donation of this truck to the Philippines? Does anyone? Did we even have a... Councilmember Kaneshiro: When I looked through it, it was a long time ago that they did the resolution for it. Council Chair Rapozo: For the truck? Is someone from the Administration here that can possibly answer that question, Mauna Kea, or someone? I believe that if any asset we are donating, I would assume, would have to come through this body. I will suspend the rules. There being no objections, the rules were suspended. Council Chair Rapozo: The other question would be, how many other assets have be donated without the Council's approval? This request is just for the shipping, in-kind from Matson, to ship a truck that apparently, we are giving to the Philippines. But I do not recall us ever having that discussion. COUNCIL MEETING 28 NOVEMBER 14, 2018 MAUNA KEA TRASK, County Attorney: Correct. For the record, Mauna Kea Trask, County Attorney. This is under Section 19.20, Disposition of Surplus Property. Under that Charter Section, it states—essentially, I could find no authority to require Council approval of the donation. I understand it is a past practice, but I could not understand what the basis for it was. I do think that in reading Section 19.20, the previous Resolution from the early 2000s, the acceptance of the gift, and the determination of the Fire Department who has no more use for this engine, but there is a public purpose for the furthering ties of friendship by recycling or providing this to a sister-city is allowable under the Charter. It is appropriate to get the Council's approval at this time to accept the donation and proceed with this. That is essentially what I am saying, because it looks like under the Charter, the determination of whether or not the Agency or Department, in this case the Fire Department, has any use of it as an executive one and whether or not it is found to be used for public purposes has been made by the Mayor in this case, pursuant to the Council Resolution. Council Chair Rapozo: Public purposes of what? The sister-city relationship? Mr. Trask: Yes, furthering the ties of friendship. Council Chair Rapozo: Are you telling that the Mayor can send all of our surplus to the Philippines without the public knowing? Mr. Trask: No. The public is knowing right now. Council Chair Rapozo: No. The public is knowing about the shipping. If there was no shipping, if we did not have a shipping donation from Matson, no one would ever know. Mr. Trask: Well, the Mayor can make a determination if it is usable for public purposes. Council Chair Rapozo: Well, I am not going to approve this today, I can tell you right now. I am uncomfortable, totally uncomfortable. Mr. Trask: Is there any reason why? Maybe I can help. Council Chair Rapozo: Yes, because it is an asset. That is a County asset that is being sent away to a foreign Country without Council approval. Mr. Trask: This would operate as the Council approval as part of the transportation. Council Chair Rapozo: No. This is only approving the in-kind donation from Matson. Mr. Trask: Correct. COUNCIL MEETING 29 NOVEMBER 14, 2018 Council Chair Rapozo: It has nothing to do about the County asset. Mr. Trask: Just for the record, "surplus property means any property that no longer has any use to the agency or department that has custody of the item." In this case, the Fire Department has determined that they no longer have any use for this item and therefore, it is surplus property. "If the surplus property is found to be unusable for public purposes, the director of finance shall, after fixing a minimum price for the property, provide for the sale by sealed bid..." Now in this case, the Administration has determined there is a usable public purpose in that one of its sister-cities needs a fire truck, can use one, and have no other means of getting one. My understanding is usually and what I have been told, and the Department's understanding is usually for fire trucks like this, they are found to be no longer of any use to the Fire Department, no one else in the Administration, and Council never has opined on the usability of executive agency materials or property, these get put out to bid and are stripped for parts. Usually, the pump gets taken and gets used by someone in town. Often times, you will see fire trucks, like there are a couple in Oma`o... Council Chair Rapozo: Mauna Kea, I am not arguing... Mr. Trask: Real briefly just so I can... Council Chair Rapozo: No, hang on. I am not arguing about the fact that it is okay to send it away. All I am suggesting is that it should come here first, that is all. Like when we accept donations, it has to come here. If we are giving County assets away, and I do not care what you say, that truck has value. It has metal. It has a value to the taxpayer. Mr. Trask: Yes, and... Council Chair Rapozo: So you cannot just give it away and not let the people know. If I am wrong, I am wrong. I am just not going to support it, that is all. Mr. Trask: Okay. Council Chair Rapozo: Do you have a question? Councilmember Yukimura: Yes. Council Chair Rapozo: Go ahead. Councilmember Yukimura: I think we are asking what the law says about things that do not go through the regular disposal route. Mr. Trask: That is why I tried to understand. It looks like under Section 19.20, there is a process. The process is the agency first who has, in this case, the fire truck, I think it is from 1991 or whatever it is. They no longer have any use for it. If it no longer has any use, they put a list out to the Director of Finance and every other County agency says, "Hey, do I need a fire truck?" Desks, COUNCIL MEETING 30 NOVEMBER 14, 2018 bookshelves, chairs get picked up, and fire trucks that have no use to any other County agency. When this item was going through the process, it was determined that our sister-city, Urdaneta, has a need for a fire truck. Councilmember Yukimura: Yes, and I do not think... Mr. Trask: We have a resolution... • Councilmember Yukimura: ...anyone is disputing the need. Mr. Trask: That Resolution is an official action pursuant to State law 469. 469 provides that any Council may enter into and authorized expenditure of public funds to further sister-city relationships, economic friendship ties, et cetera. Councilmember Yukimura: Okay. • Mr. Trask: In this case, once it was determined that it was still usable for public purpose, to wit, support our sister-city pursuant to lawful resolution, that is when it stops, if you look at the Charter section, and does not proceed to the next bidding, auction, or public sale because it is still found to have a public purpose, helping out a sister-city. The Administration has made their determination that under my understanding, usually sister-cities are good travel opportunities and you promote cultural exchange. In this case, Urdaneta needed a public safety item. You can actually expand ties of friendship by assisting these cities, • they felt, in a real way providing them essential public safety equipment. There is nothing here that provides that is not appropriate and it looks like a reasonable reading. I even went to look at the Committee Reports from the 1950s or 1960s when • they passed this law and that was what was contemplated. Nothing in this Charter and I was aware of this past practice, I looked at the previous opinions and it was very... Council Chair Rapozo: Why deviate from the past practice? I will tell you why I am upset, because I was in Urdaneta with the Mayor when they asked for • the fire truck. We talked about it. I said, "I do not think the Council would have a problem sending off one of the old fire trucks," but there is a process. We did this for Samoa. We sent a fire truck to Samoa, but the Council approved it. Why the secrecy? That is what is upsetting me. Mr. Trask: I think... • Council Chair Rapozo: Has the truck been shipped already? Mr. Trask: No. You have to accept this donation in order to ship the truck. But on that point, I have always maintained that you do not change past practice willy-nilly. However, when you come up with an issue, you always relook at it, analyze it, and if there is no basis for it, then you try to understand past practice. You should not change it arbitrarily, but if you see something that is not being done right, then you have to take the opportunity to correct it at that time. • 3 COUNCIL MEETING 31 NOVEMBER 14, 2018 Laws have changed since the 1960s when this County started in this form. All it is, it looks like this is the appropriate way. If you do not agree, you can amend it and come back. If you want to approve it, that is fine. I do think by approving this... Councilmember Yukimura: I would like to finish my line of questioning. Mr. Trask: ...you effectuate the approval of shipping it. Councilmember Yukimura: Please. Council Chair Rapozo: Go ahead. Councilmember Yukimura: Based on your explanation, are you saying that our process when a Department decides they do not have any more use for whatever item it is, they go to the Director of Finance and all of the other Departments are asked whether they need it? Is that correct? Mr. Trask: Yes. Annually, the Director of Finance puts out a list of surplus items to various departments and agencies or other governmental agencies for redistribution and use. Councilmember Yukimura: Okay. What I hear you saying is that the Office of the Mayor felt that they had a need and use for it in giving it to the sister-city? Mr. Trask: Correct, that is the public purpose. Councilmember Yukimura: Therefore, this has followed the proceedings. None of the usefulness to other departments has to be approved by the Council? Mr. Trask: No. Councilmember Yukimura: And neither would this be either, because the Office of the Mayor is saying they want to use it as a donation to the sister-city? Mr. Trask: Yes. It has not been found that the surplus is unusable for public purposes. Councilmember Yukimura: Well, I thought it was useful for the public purpose of benefiting sister-city relationships. Mr. Trask: That is right. The next step is it has to be found unusable for public purposes to go to public auction. So therefore, it has been usable. Councilmember Yukimura: Therefore, it did not go to public auction. But Council Chair Rapozo is asking about the need for Council approval, because I am just trying to figure this out myself as I hear what everyone is saying, is if the Mayor COUNCIL MEETING 32 NOVEMBER 14, 2018 feels there is a benefit in helping our sister-city with it, his Office as one of the Departments has so made that determination? Mr. Trask: Correct. Councilmember Yukimura: That he wants to use it as a gift? Mr. Trask: Well, there is usable public purpose and it is totally appropriate to come to Council this way to accept the donation from Matson and implicitly therefore, bless and accept this action. Council Chair Rapozo: That is not... Councilmember Yukimura: That is the part. I do not know that you need that. Council Chair Rapozo: That is not how the process works. You do not implicitly—this is the public. Mr. Trask: No, I think it is a mischaracterization to infer that anything suspicious is going on here. Hamlem Razor postulates that nothing is malevolent if it can be explained otherwise. This is just I think the appropriate purpose because if you look at the previous direction to the Council and/or the Administration, when in doubt, if there is any possibility of liability, you may want to go to the Council. What does that mean? That does not mean anything. I like to couch my advice in actual law and provide a process. There is no ordinance for donations. There should be. How does this Council accept and give away donations? It is only practice. There is no law that governs it. I am just trying to find out the right way. It seemed like this one is unique and this was the best process I could identify. Council Chair Rapozo: What is the value of the truck? Mr. Trask: I have no idea. Council Chair Rapozo: Perfect. That is exactly my point. We do not even know the value, so the public does not know the value. We bought that truck. That is a County asset and I am assuming it works. It is not junk. I just believe that if we are going to be giving away assets that have a value, then we need to come before this body. It does not really matter what I think. It is what this body think. Councilmember Brun, do you have a question for Mauna Kea? Councilmember Brun: Yes. Council Chair Rapozo: Okay. Go ahead. Councilmember Brun: I guess my question is, since they qualified to get it, who else qualifies under this same process? COUNCIL MEETING 33 NOVEMBER 14, 2018 Mr. Trask: Well, I think that just because we have a sister-city relationship, you have to find that it is usable for the sister-city purposes. That is finding of fact and a policy call, and that is an appropriate question for the Administration. (Councilmember Kawakami was noted as not present.) Mr. Trask: I do not like to paint with broad brush strokes on this kind of thing. It very well could be. If we had a sister-city that got hit by a typhoon somewhere, we should help them. Councilmember Brun: Yes. Mr. Trask: That is the whole point. That is kind of the way that it was described to me and the way I approach this. It is a public safety thing. I know the Philippines generally got hit something in the past couple of years. I do not know if Urdaneta did, but if they needed a fire truck and usually we just scrap this, I can understand the policy call. Council Chair Rapozo: Do you know who else need a fire truck? The north shore. You put that on a barge, take it to the north shore, and put that big truck on the north shore. That, to me, is a public purpose and you keep the big truck on the other side. We just talked about that this morning. That is a public purpose. I just do not understand why we could not run it through the Council. Councilmember Kagawa. Councilmember Kagawa: Mauna Kea, who is our asset manager to determine if the item is surplus or unusable? Mr. Trask: The first step is the Department who holds it, so that is Fire. Councilmember Kagawa: Okay. Mr. Trask: The question is, does Fire have any more need for this, how much is it, and all of that? Fire. Councilmember Kagawa: Okay. Mr. Trask: Fire's answer apparently, is "no." You can ask them. Councilmember Kagawa: Right. Mr. Trask: After of that, it goes on a list with the Director of Finance. Every other Department gets a crack at it first. In that review, it appears that the Office of the Mayor said, "Hey, it is usable. It is usable. Help the sister-city out. They want a fire truck. They need the help." To me, therefore, it has not been found unusable and what do we do now? That was the next question, how do we get COUNCIL MEETING 34 NOVEMBER 14, 2018 this? Matson is offering a donation. They are offering to help, waive seven thousand six hundred dollars ($7,600) or accept the donation to facilitate this. You have to come to Council to accept that. Councilmember Kagawa: For me, I see a number of fire trucks that are really old that must be sixty (60) or seventy (70) years old. I see them along Lawa`i. There must have been a process to say that instead of the County having to ship those fire trucks to wherever we ship all of our abandoned vehicles and derelict vehicles, selling it off to whoever owns the Lawa`i property where he maybe can use some of the metal or something, was actually a savings to the County. I am wondering what the process was. Do we have a firm process that determines whether something is surplus or unusable? Say perhaps we have a lawnmower at Wailua Golf Course that is broken and did not get fixed for a while and we have a new lawnmower. Does that make the old lawnmower surplus or unusable so that we can give that away to someone else who can maybe put in a few hours and fix it and get it running? Do we have an asset manager to determine that we could actually fix it and it is still worth more like a plus/minus, that it is still valuable to us so that we know all of the—I guess it is transparent. Mr. Trask: In answer to your question, if you have a piece of equipment like a lawnmower and the Department or Division, for example, Parks cleaning division, says, "We cannot use it. It is broken," then the Director would go, Can you fix it" and go through that whole thing. If the Director ultimately determines that there is no use, then it goes to the other agencies to look at it. The Office of the County Attorney would say, "We do not need a lawnmower. We do not use lawnmowers. Nothing." Public Works may need one. Another Division of Parks may do it. They will fix it. However, if everyone says, "No, it is not working," after that, the Charter process is that the Director of Finance puts out this for-bid list. Then, it goes sealed-bid and goes out. In those Lawa`i cases, probably no other Department needed a fire truck and no one else intimated a need. It was found to be unusable. They purchase it, and I understand they use it for scrap and/or a pump. The pump is the most valuable thing to the public. A normal public person does not use a fire truck pump. However, that was not the case in this case. In looking at the sister- city Resolution and doing all of this, it seems like it could fit, so that is a call for you folks to make. Councilmember Kagawa: Clearly, this fire truck has not been used for years. Mr. Trask: I do not believe so, no. But the Department would know. Councilmember Kagawa: That would be helpful, if they were here and said, "Well, we have not used that truck for twenty (20) years." But anyway, that is beside the point. I think giving it to our sister-city who needs it and it has been sitting in our lot for twenty (20) years, I have no problem with this donation, but I do have concerns that Council Chair Rapozo raised so that the public knows that we are not just giving away assets without the checks and balances in place. COUNCIL MEETING 35 NOVEMBER 14, 2018 Mr. Trask: I agree. Councilmember Kagawa: That is all. Mr. Trask: To be clear, I think there is a gap and it should be filled with legislation. That is an appropriate thing and I have spoken to the Office of the County Clerk before. This is an emptiness and we should figure this out because Kaua`i Lifeguard Association (KLA) donates. A lot of people donate and we should be donating more on the back-end if we can if there is an appropriate public purpose. I think legislation is a perfect thing. If that is the way the Council wants to do it in the future, do that. Councilmember Kagawa: Thank you. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: Oh. Council Chair Rapozo: Your hand went up first. Councilmember Yukimura: Yes. Council Chair Rapozo: Councilmember Chock. Councilmember Chock: Mauna Kea, is the process that you described an administrative policy where it goes to... Mr. Trask: Oh, it is Charter Section 19.20. Councilmember Chock: Are you suggesting that is where the change needs to occur? Mr. Trask: No. I am saying that the Charter provides a rough outline, but it does not really say anything about donations and the original locus of power is the Council. Councilmember Chock: Alright. Do you believe that an ordinance is necessary to drive this further? Mr. Trask: I think so. It would be good. Councilmember Chock: So that the Council, thus the community, has some transparency on these assets? I am not alluding that it is not in this case. Mr. Trask: No. Councilmember Chock: I am just saying that is what is needed. COUNCIL MEETING 36 NOVEMBER 14, 2018 Mr. Trask: Actually for me, the more valuable guidance to your executive departments and your Office of the County Attorney. Without law, we are kind of doing best we can and there is an absence. Councilmember Chock: Okay. Thank you. Mr. Trask: I think this works. Council Chair Rapozo: So, if it was not the Philippines, if it was an item that was usable by a nonprofit agency that serves the public purpose, then the public would never no? Mr. Trask: No, not necessarily. I do not think so. Council Chair Rapozo: What is the difference? Mr. Trask: Because it would depend on the facts and circumstances. Council Chair Rapozo: I just told you the facts. It is a nonprofit on Kaua`i. Mr. Trask: Okay. Council Chair Rapozo: Let us say it is a bus. Mr. Trask: Okay. Council Chair Rapozo: Our bus went through the auction, no one bought it, so the Mayor calls someone from—I do not care. Pick a nonprofit that does transportation. He says, "Hey, do you want a bus?" "Sure." "Come pick it up,"because we do not have to ship it and there is no other donation. Done. Public asset, community asset given away by the Mayor and no one knows except them. Mr. Trask: Well, if there was any other terms regarding having to accept something, liability, or anything like that, which we are holding Matson harmless, but we are not accepting liability going forward with Urdaneta or anything like that. Council Chair Rapozo: No, you are missing my point. My point is as far as the public knowledge, no one would know in that situation. Mr. Trask: I am sure the... Council Chair Rapozo: The only reason it is here because it is going to the Philippines and Matson is donating it. Mr. Trask: No, I would not agree with that. I am sure the Mayor would do some huge press release and make a proclamation. COUNCIL MEETING 37 NOVEMBER 14, 2018 Council Chair Rapozo: He did not do one for this. Mr. Trask: Well, he has come to Council. Council Chair Rapozo: Okay. Councilmember Yukimura: I certainly do not agree that approving Matson is implicit approval of a donation to a sister-city. (Councilmember Kawakami was noted as present.) Councilmember Yukimura: I do not think that is correct. I do agree that an ordinance could really clarify the process and require the approval of the Council for a donation. At that point, if the Administration would properly prepare a briefing that says, "We have gone through this process, its value is such and such, we have not found any takers, and this is what we want to do," then hopefully, it is a very easy decision for the Council to make. Mr. Trask: In a society of laws, how would anyone know that? I do not know if this—I understand policymakers would like things a certain way. Councilmember Yukimura: Well... Mr. Trask: And they have arguments to substantiate them, but what is the authority for that? I do not know where... Councilmember Yukimura: You just said we could do an ordinance to close the gap. Mr. Trask: You could, yes, but currently. Councilmember Yukimura: So, I am just agreeing with you. Mr. Trask: I understand. Councilmember Yukimura: Thank you. Council Chair Rapozo: Thank you. That is it. Mr. Trask: That is it? Council Chair Rapozo: Yes. Mr. Trask: Thank you. Council Chair Rapozo: Anyone in the audience wishing to testify while the rules are suspended? COUNCIL MEETING 38 NOVEMBER 14, 2018 There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Seeing none, I will call the meeting back to order. Is there any further discussion? Councilmember Kagawa. Councilmember Kagawa: I just want to thank you, Council Chair Rapozo, for alerting us as far as your thoughts. I thought it brought healthy discussion. What I think I would like to see in future is a total listing of all of our surplus for the public transparency. Nonprofits out there could say, "Hey, maybe I could make use of that?" Perhaps like the old police cars, we could have some type of auction where the taxpayers get some of the plus back into the County coffers and there is a public benefit for items that we call "unusable." I think that would be a great idea, and just out of the curiosity just to see what is really out there that has not been used for ten (10) years or twenty (20) years, and should this Council have the authority to approve some of the use, sale, or donations back to the public or to sister-cities or what have you. Hopefully, in the future, we can move into maybe having a more productive way of dealing with our surplus material that we determine are unusable and are basically just taking up space and collecting rust. Thank you, Council Chair Rapozo. Council Chair Rapozo: Councilmember Brun. Councilmember Brun: Thank you, Council Chair Rapozo. For me, I have no issue giving this to the Philippines. I think the way it was done, it should have come through here first, or if it went through the auction and no one bought it, yes, you can give it away to whoever you want because we did not get anything out of it anyways. I think moving forward with the new Administration, I hope we can get to that point where if you are going to do this and give it away to a sister-city, to maybe come to Council first because it did not go through the public auction where it should have gone, and if no one buys it there, then we can give it away to whoever we want because we did not get anything for it anyway. I think if it came here first, I do not think any of us would have an issue giving it to the Philippines, but that question is because it did not come here and went straight to the Philippines. If someone else can come from the community, I think Council Chair Rapozo brought it up with a nonprofit and say, "Hey, I need that" before it even goes to auction, then okay, let us give it to them, and no one is going to find out about it. I think it needs to come to Council first and if it goes to auction, then you can give it away and no one buys it, just give it to whoever you want. I have no issues with that. Thank you Councilmember Kagawa: I have a question since Chief Westerman ran over here at my request. I just want to know how long the 1991—if it is okay with you. Council Chair Rapozo: Okay. I will suspend the rules. There being no objections, the rules were suspended. COUNCIL MEETING 39 NOVEMBER 14, 2018 Councilmember Kagawa: How long has this 1991 Seagraves Fire Truck been out of service? Mr. Westerman: For the record, Fire Chief Robert Westerman. Thank you for preluding the fact that I did run over here. I am a little out of breath. Councilmember Kagawa: Thank you for running over. Mr. Westerman: Engine 6 has been in reserve status for about five and a half(51A) years. Councilmember Kagawa: Oh, okay. It is not that long. Mr. Westerman: During its reserve status, it finally got to the point that it was not reliable without putting more and more money into it, so that is why it went up for auction and in this case, was going to be transferred to the Philippines. Councilmember Kagawa: Second question, do you think it is a good deal for the Philippines to take it for free knowing that we struggled so much with the repairs that are required? For example, when an old car starts breaking down, then the next thing starts breaking down. I do not know. Mr. Westerman: Exactly. It is a matter of economics. For us, we have about a twelve (12) year life span on our engines and at that point, the economics becomes, put it in reserve, find a replacement, and the costs goes down because we are not running it all of the time. We do not have a market in Hawai`i for resale of old fire engines or fire apparatus. In the mainland, there is a market for that, but just the shipping costs alone avoid that market. It is like the option of buying a new car or a used car. If you buy a new car, then you do not have to worry about any kind of expenses for ten (10) years or so. If you buy a used car, you might have expenses, but you paid less so that balance eventually balances out. In this case, the fire apparatus, if their cost is minimal and if they have to do any of the major repairs in the future, it kind of balances out. Councilmember Kagawa: Alright. Mr. Westerman: And it is their choice, not ours. Councilmember Kagawa: Thank you. Council Chair Rapozo: Councilmember Kawakami. Councilmember Kawakami: Thank you, Chief. What is the value of this fire truck? It is under one thousand dollars ($1,000), six hundred dollars ($600), or five hundred dollars ($500). Mr. Westerman: Well, the last three (3) that went through got five hundred dollars ($500) apiece. COUNCIL MEETING 40 NOVEMBER 14, 2018 Councilmember Kawakami: Okay. Thank you. Mr. Westerman: And they did not go... Council Chair Rapozo: But what is the value? What is the market value? How much would someone on mainland pay for a truck like this? Mr. Westerman: Well, they would not because of the shipping costs. Council Chair Rapozo: Okay. Mr. Westerman: That is why it has been at auction. Council Chair Rapozo: What is the "blue book," I guess? Mr. Westerman: Oh, I could not tell you what the "blue book" on it is. I guess I could look it up. Again, with the shipping costs, they have had the opportunity to buy them in the past because they have been on auction and no one has bid on them. Council Chair Rapozo: But there is a resale value. I am assuming there is "blue book" on a 1991 fire truck that is running. Mr. Westerman: There is no standard "blue book" for it. It is whatever the market would bear at an auction. Council Chair Rapozo: Again, the market value is not the auction value, obviously. It is not. Mr. Westerman: Okay. Well, I do not have, like I said, a "blue book" to go find the cost of it. Council Chair Rapozo: Well, we are going to have to write it off the books, right? Mr. Westerman: I could look up comparables that are listed. Council Chair Rapozo: What value and it is probably a question for Finance. We have to write that asset off the books and put a value to it, which is usually fair market value, and that is what I am interested in and not what it was sold at the auction. That is not the fair market value. Mr. Westerman: Right. Finance might be able to provide the appreciated value. Council Chair Rapozo: For me, that is not important. I do not care if it is a paper clip. It is the principle. That is what I am talking about. I do not care about the value. It is a County asset, it is worth something, and the public should COUNCIL MEETING 41 NOVEMBER 14, 2018 have knowledge whenever it is being given away. That is my whole principle. It does not matter the cost. Does anyone else have a question for the Fire Chief? If not, thank you. Sorry for making you run over here. Mr. Westerman: No problem. Council Chair Rapozo: The steps kill you on the way up. Mr. Westerman: I was getting ready to leave to go back to the conference. Council Chair Rapozo: I will call the meeting back to order. There being no objections, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there any further discussion?I forget where we were at. Councilmember Yukimura. Councilmember Yukimura: The fact that we spent at least half an hour on this issue really shows that we could use an ordinance that gives clear guidance for what happens when a piece of equipment is not usable by other Departments and does not go to auction. In the future, we can just have a Department come with the laid-out information, value, whatever it is, where it is proposed to go, and we can settle this thing in five (5) minutes. I think we should have an ordinance and the new Council could do it. I am ready to vote on this issue. Council Chair Rapozo: Anyone else? Councilmember Kaneshiro: I am ready to vote on it. Obviously, we are missing a piece of the puzzle here with an ordinance on how we accept donations and how we give donations, which I think is probably going to be forthcoming with the new Council. But again, giving the fire truck to the Philippines, I think even after the conversation, I am okay with it. It would have been good to have information and what the value of it is. It went to auction and no one took it, what do we do? Do we pay to get it towed to a scrap metal place or do we give it away? Barring that information and the conversation we had, I am okay sending it. I think we will see an ordinance coming in the near-future to clear this up and make it a lot smoother. I do know that the Philippines does take a lot of equipment and machinery that does not work at all and then they refurbish it and use it for their own needs. I do not think we could send it there, they refurbish it, send it here, and we would be able to use it. But I know they buy a lot of equipment all over the United States, refurbish it, and it is good for their own needs. I do see it as a benefit for them and a benefit for us to get rid of a fire truck that we probably would spend money on trying it get rid of anyway. Council Chair Rapozo: Councilmember Kawakami. COUNCIL MEETING 42 . NOVEMBER 14, 2018 Councilmember Kawakami: Thank you, Council Chair Rapozo. I think the issue at hand is the communication. I do not know if you need an ordinance. I think you just need to communicate the intent. Whenever we are dispersing an asset or donating an asset, just having clear communication with the Council. I think that is the solution to this issue. Thank you, Council Chair Rapozo. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: I want to thank you, Council Chair Rapozo, for asking the questions and raising the issue because I think it has shown us where the gaps are as the County Attorney has said and hopefully, the new Council will fill it in. Council Chair Rapozo: Anyone else? Well, I am not okay with it. I am not okay with it. For one thing, with all due respect to Mr. Trask, he was defending the actions of the Administration, which is fine. I would ask for a deferral to the last Council Meeting. I want to look through the Charter. I cannot imagine that the Administration can give away County assets without County approval, and if it is missing in the Charter, then it is something that we need to fix. It needs to be in the Charter and not in an ordinance. I think an interim ordinance until the Charter is fine, but how can we justify it and who else needs—we are talking about a fire truck here, but I am talking about the principle. I am talking about the policy. I am talking about what we do. Forget it is a fire truck. Do you think in California right now with the wildfires are burning, that they could use another fire truck? Maybe they could use another fire truck in a small County. But no. I was there. I was there in Urdaneta. I was there in the Philippines when we talked about this and I was assured that it was going to come here. Obviously, I am frustrated. Councilmember Kawakami said it is a communication issue, a major one. But it is not just the seven (7) of us, it is the public. I think the public has the right to know if, in fact, your County assets are being given away. I do not care the circumstance. I will not support it. I would hope for a deferral. In that two (2) weeks, do you know how easy it would be for the Mayor to send over a little letter saying, "request your approval to give this to the Philippines"? He could do it in a week. He could draft that letter up, get it over to us on the two (2) week agenda, and we can approve both. That would solve the problem for me. Absent of that, I am not supporting this because first of all, I have a different interpretation of the Charter than how Mauna Kea said it. His argument works, but so does mine. Go ahead. Councilmember Yukimura: I do not mind a two (2) week deferral unless time of the essence issue. But I do want to say when you apply the question of assets to a bus, for example, there is a question of whether the Mayor can just give a bus to one (1) nonprofit over another and there seems to be like there should be a public process. There might be. I am not sure. But anyway, that says, "Hey, nonprofits or anyone who might be interested in a bus, please apply for it," and there might be a process for selecting it. A fire engine is more unique and less usable by a lot of non-governmental entities. But anyway, I think there is a need for a more transparent procedure and process. Council Chair Rapozo: The motion is to approve. COUNCIL MEETING 43 NOVEMBER 14, 2018 The motion to approve C 2018-247 with a thank-you letter to follow was then put, and carried by a vote of 6:1 (Council Chair Rapozo voting no). Council Chair Rapozo: Next item, please. C 2018-248 Communication (11/02/2018) from the Director of Finance and the Acting County Engineer, transmitting for consideration, proposed amendments to Ordinance No. B-2018-842, as amended, relating to the Fiscal Year 2018-2019 Capital Improvement Projects (CIP) Budget, to fund various Wastewater projects, including National Pollutant Discharge Elimination System (NPDES) Compliance, rehabilitation design work for Wailua Sewer Pump Station 1, rehabilitation of Wailua Sewer Pump Station 3, closed-circuit television (CCTV) system for the Lihu`e Collection System, and Wailua Wastewater Treatment Plant Improvements in the amount of $1,000,000.00: Councilmember Kagawa moved to receive C 2018-248 for the record, seconded by Councilmember Kaneshiro. Council Chair Rapozo: Is there any discussion or public testimony? Councilmember Yukimura. Councilmember Yukimura: I have a question for either Sewers or Finance. Council Chair Rapozo: I will suspend the rules. There being no objections, the rules were suspended. Councilmember Yukimura: Can you state your name? JASON KAGIMOTO, Chief of Wastewater Management: Jason Kagimoto, Chief of Wastewater. Councilmember Yukimura: You are wanting to reallocate moneys, is that what you are asking for? Mr. Kagimoto: Yes. Councilmember Yukimura: This is repurposing of Bond Funds. The Bond moneys are public moneys not related to the Sewer Fund, that is we are paying non-Sewer Fund moneys for these capital projects? Mr. Tabata: Lyle Tabata, Acting County Engineer. You are correct. This is a separate Bond Fund for the purpose of capital improvements. Councilmember Yukimura: Right, which is... Mr. Tabata: Which is separate from our Sewer Fund. Councilmember Yukimura: The Bond Funds can be used for any capital projects of the County. COUNCIL MEETING 44 NOVEMBER 14, 2018 Council Chair Rapozo, the Presiding Officer, relinquished Chairmanship to Councilmember Kagawa. (Council Chair Rapozo was noted as not present.) Councilmember Yukimura: We are choosing—so this is like a...and we pay back the Bond Fund with General Fund moneys, right? Mr. Tabata: I believe so, yes. Councilmember Yukimura: So this is kind of a subsidy of—I am not saying I object to it. I am just wanting to be clear of funding sources. This is kind of like a subsidy of... Mr. Tabata: The Sewer Fund, yes. Councilmember Yukimura: ...the Sewer Fund by the General Fund. Mr. Kagimoto: I guess the way that the initial money that they are transferring it from or we are transferring from, was initially slated for a sewer project, which is like the Ho`oluana at Kohea Loa agreement. Councilmember Yukimura: Yes. Mr. Kagimoto: Yes, it is sort of like a subsidy, but at same time, it was already allocated for sewer. Councilmember Yukimura: For sewers? Mr. Kagimoto: Yes. Councilmember Yukimura: Okay. How much is it? Mr. Kagimoto: The total is one million dollars ($1,000,000). Mr. Tabata: One million dollars ($1,000,000), total. Councilmember Yukimura: Okay. Alright, thank you for the clarification. Councilmember Kagawa: Are there any further questions? Jason, I just have one (1). Is this going to help in any way with the recent Wailua problem that we just had? Mr. Kagimoto: It will help booster our facilities, but not specifically that part of the collection system. Councilmember Kagawa: So this does not help to prevent the leakage that just happened? COUNCIL MEETING 45 NOVEMBER 14, 2018 Mr. Kagimoto: When you look at the whole system, all of these projects are to better our collections system. But yes, that specifically, that pipe reach, or that part of the collection system, no. What it is, is we have the approach of looking at evaluating, assessing, and rehabilitating our whole facility. That is a work in progress, which obviously with the most recent spill, we need to do it faster, quicker, and better. But specifically for these projects, for instance, they are helping us rehabilitate the upstream pump station that will then pump to Coco Palms, which would then pump to the Wailua Wastewater Treatment Plant and whatnot. So it helps with overall system, but not specifically the issues that caused the spill. Councilmember Kagawa: And that spill was a break? Mr. Kagimoto: Yes. Mr. Tabata: And we are prepared for... Councilmember Kagawa: How many breaks? Mr. Kagimoto: One (1). Councilmember Kagawa: Just one (1) big break? Mr. Tabata: Well actually, there is other damage. We are preparing a presentation for that item that we have been asked to prepare. Councilmember Kagawa: Thank you. Mr. Kagimoto: Actually... Mr. Tabata: The closed-circuit television (CCTV), if I may? Councilmember Kagawa: Go ahead. Mr. Tabata: The CCTV is an inspection process that we are employing that can identify potential problems in the collection system gravity line. Councilmember Kagawa: For the public's knowledge, CCTV, would we be able to watch the television (TV) of our... Mr. Kagimoto: Some lucky person gets to look at the TV screen that looks at the camera going up-and-down a line. Mr. Tabata: Right. Mr. Kagimoto: For this one, we are looking at trying to expedite or do the Lihu`e trunk sewer, the Lihu`e area, but that is our whole process and that is essentially what the technology is. You put a camera in the line, send it down, and then they will observe for different structural maintenance. COUNCIL MEETING 46 NOVEMBER 14, 2018 Mr. Tabata: There is a whole condition assessment protocol that you identify the condition of the sewer line of vertical and varying different three hundred sixty (360) degrees of the pipe that you are looking at over the distance. We have done that in Hanamd'ulu. We have done that in `Ele`ele. So we have been putting money every year to evaluate our systems. `Ele`ele's result was we are doing the engineering design right now to upgrade the collection system because it is dated and needs repair. Councilmember Kagawa: Is the CCTV something new or something that we already had? Mr. Kagimoto: What we try to do is we try to budget so that we can do this on an annual basis. Like what Lyle was saying, we did previous inspections in Hanamd'ulu and we did do this in `Ele`ele. The next step was the engineer who evaluated those videos, recommended these other repairs that we need to do, so we roll out the next thing, which is our design project, which eventually will be construction. It is part of our overall process of how we will get to rehabilitating and making sure that we do not have more of the spills that we do. The hope is that we will get there in time that we will be able to inspect them prior to things like this happening. Councilmember Kagawa: Councilmember Chock. Councilmember Chock: In regards to the CCTV, is it used in conjunction with sensors that indicate areas of need or red-flags that come up? Is that how it is utilized? Mr. Kagimoto: Yes. Let us see, for instance, in `Ele`ele and this was before I got to the County, but what I understood is there were a bunch of breaks in the subdivisions with enough frequency or enough proximity to each other, that they decided to go out and inspect the whole neighborhood because they know they were all constructed about the same time with the same materials and whatnot. They went ahead and did those. Then, the same way with—we had in the past five (5) years, we have had several spills in that Kapaia/Hanamd'ulu area where the spill ended up going by the bridge. We then did the upstream collection system, which is the mauka side of the highway, and inspected that Hanamd'ulu area. Those are kind of like reactionary inspections that we have done based on issues that we have been having. But what we are trying to do is, for instance for this one, we are trying to do it more on a priority basis. Lihu`e being the biggest collection system we have, we treat the most wastewater out of the Lihu`e Wastewater Treatment Plant, so we are trying to focus on the Lihu`e collection system, the major lines. Then the next fiscal year, the hope is to do another round, which would then be the Wailua/Kapa'a area, since that is our second biggest collection system. Councilmember Kagawa: Councilmember Yukimura. Councilmember Yukimura: I see that you are trying to move from a reactionary system that just reacts whenever you have the miniature breaks or breaks to a more regular preventative maintenance system that does regular checks COUNCIL MEETING 47 NOVEMBER 14, 2018 periodically and you are using this CCTV process. Is that equipment we have but with we pay for consultant review of the film or the photos? Mr. Kagimoto: We do have that equipment in our capabilities, but it is a very manual process. The one we have is very old. (Council Chair Rapozo was noted as present.) Councilmember Kagawa returned Chairmanship to Council Chair Rapozo. Mr. Kagimoto: I would say it is probably in the realm of twenty (20) years old, in fact, the screen they look at it on it is a thirteen (13) inch TV with a video home system (VHS) combination in kind of a case. Councilmember Yukimura: It sounds old. Mr. Kagimoto: Yes. It is probably from the 1980s. But on a more massive scale-level, what we are trying to do are miles of inspections. In those regards, the standard is that everyone has a consultant who hires a CCTV contractor to do that because they are used to the traffic control. You actually have to have specific certifications like what Lyle was mentioning, as far as pipeline and manhole condition assessment so that there is a consistent level of assessment. Then, they are also used to—there are different diameters of pipes. Depending on the diameter of pipe, they set the camera up in different ways. Sometimes they are on a tractor so they can control its movement. Sometimes they put it on a raft so it kind of floats or they have it on a wench. There are different skill levels and abilities of scale that we just would not able to do with our staffing. Councilmember Yukimura: And that is the basis for your repair specifications and everything, too, so it has to be well-done and accurate? Mr. Kagimoto: Yes. Councilmember Yukimura: Okay. All of these new proposed uses are basically preventative in nature. Can you just explain the National Pollutant Discharge Elimination System (NPDES) compliance, which is six hundred thousand dollars ($600,000)? Mr. Kagimoto: For that project, what we have is, that is our overall goal of... Councilmember Yukimura: Six hundred thousand dollars ($600,000). Mr. Kagimoto: ...abandoning the ocean outflow for the plant. Because we have the ocean outflow as a backup disposal method, then we have an NPDES permit. That NPDES permit has put nutrient-level restrictions on what can be put out into the environment. Based on our evaluation of a several year process, the evaluation has basically directed us so that we would abandon the ocean outfall and then promote more reuse within the Wailua area and then also would have COUNCIL MEETING 48 NOVEMBER 14, 2018 subsurface infiltration trenches instead of the outfall. That is part of our whole compliance. We have a compliance schedule that we need to meet by—we have several different milestones along the way. Ultimately, we need to be in compliance with the permit or have this outfall abandoned. I think it is 2022 or 2023 when that needs to happen. Councilmember Yukimura: Okay. Mr. Kagimoto: This is the process that is going to design the upgrades so that we can basically get rid of the outfall. Councilmember Yukimura: Shutdown the outfall? Mr. Kagimoto: Yes. Councilmember Yukimura: Thank you for your explanation. Council Chair Rapozo: Are there any other questions for the Administration? Seeing none, thank you very much. Mr. Kagimoto: Thank you. Council Chair Rapozo: Anyone in the audience wishing to testify? Seeing none, I will call the meet bag tock order. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: This is the Communication. The motion is to receive. The motion to receive C 2018-248 for the record was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. Councilmember Yukimura: Are we going to the Bill? Council Chair Rapozo: No. We are just going to go right through. C 2018-250 Communication (11/02/2018) from the Director of Finance and the Acting County Engineer, transmitting for Council consideration, proposed amendments to Ordinance No. B-2018-841, as amended, relating to the Fiscal Year 2018-2019 Operating Budget and Ordinance No. 2018-842, as amended, relating to the Fiscal Year 2018-2019 Capital Improvement Projects (CIP) Budget, to fund the Phase II design work of the Wailua Wastewater Treatment Plant Improvements, National Pollutant Discharge Elimination System (NPDES) compliance requirements, as mandated by the State Department of Health, in the amount of COUNCIL MEETING 49 NOVEMBER 14, 2018 $530,000.00: Councilmember Kagawa moved to receive C 2018-250 for the record, seconded by Councilmember Yukimura. Council Chair Rapozo: Thank you. Is there 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: Council Chair Rapozo: Go ahead. Councilmember Kagawa: I am going to talk about the leak a little bit. It was not a minor break. It was a major break at Wailua. I am very concerned about future breaks there. On this Council, we have seen the Police and Fire budgets double over ten (10) years from thirty million dollars ($30,000,000) to sixty million dollars ($60,000,000) and we say, "Well, because it is health and safety. It is important." I am like, well, doubling the budget in ten (10) years may be a little too much for my liking. Then, we see the sewer budget with small increases every year, but look at the health and safety impacts when we have a break like that. It is not minor. It is major. On that same day, I see people surfing out there. You talk about E.coli problems and whatnot. You have people surfing the day of a major sewage break right in Wailua. As we go forward, I think sewer, we need to be a little bit more proactive in addressing these lines. Patching water lines, fine. Water leaks. It causes problems on the road. It causes traffic. You can patch it, put the road back together, and people drive. But when you leak feces into the water or into our environment and you are not proactive in trying to make sure that you do everything that you can prior so that this does not happen, I think it is kind of backwards. I do not think you patch sewer lines. I think you patch water lines, yes. That is not too bad. But you do not patch sewer lines. I think we need to look at increasing their budget proactively so that we prevent these types of leaks. I think it is embarrassing. I think priorities are wrong when we feel like Fire and Police is more important than leaking that kind of thing into our environment and water. Thank you, Council Chair Rapozo. Council Chair Rapozo: Anyone else? Councilmember Yukimura. Councilmember Yukimura: Yes. I concur that the issues of the maintenance of the infrastructure is really important. When you think about all of the households and businesses that are dependent on the Wailua Wastewater Treatment Plant, it is quite major. I commend the Wastewater Division for trying to shift into a preventative maintenance mode because I think that is the most cost-effective and the best for public health and safety. Council Chair Rapozo: Anyone else? Seeing none, the motion is to receive. COUNCIL MEETING 50 NOVEMBER 14, 2018 The motion to receive C 2018-250 for the record was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. LEGAL DOCUMENTS: C 2018-251 Communication (10/18/2018) from the Acting County Engineer, recommending Council approval of the State of Hawai`i Department of Transportation Utility Agreement No. 2258 between the County of Kaua`i Department of Public Works and the Department of Transportation, to document the removal and relocation of the Wastewater Management Division sewer line during the construction of the Hanapepe River bridge. • Utility Agreement No. 2258 Councilmember Kaneshiro moved to approve C 2018-251, seconded by Councilmember Yukimura. Council Chair Rapozo: Is there 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 2018-251 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. C 2018-252 Communication (10/24/2018) from the Director of Parks & Recreation, recommending for Council approval, a License between the County of Kaua`i and Club Moto Kaua`i, a Hawai`i nonprofit corporation, for the Kalepa Motocross Track, Tax Map Key (TMK): (4) 3-009-002:36 (por.), Lihu`e, Kaua`i, Hawai`i, for a twenty (20) year license to develop, construct, use, and maintain a new motocross track. Approval of the License is also requested. • License Councilmember Kagawa moved to approve C 2018-252, seconded by Councilmember Kaneshiro. Council Chair Rapozo: Thank you. With that, I will suspend the rules. Lenny. There being no objections, the rules were suspended. LEONARD A. RAPOZO, JR., Director of Parks and Recreation: For the record, Director of Parks and Recreation, Lenny Rapozo. This is a long-time COUNCIL MEETING 51 NOVEMBER 14, 2018 project. The land up at Kalepa was obtained during Mayor Kusaka's Administration. It was the vision and intent of the County to find someone to help develop the property to create a motocross/bicycle motocross (BMX) track and move the facility from Wailua up to Kalepa. As you all know, we have gotten through the years, concerns from those at the resort about the dust, noise, and everything. From the County's side, when the property was obtained during Mayor Kusaka's Administration, it was the hope these motocross people would take this property and develop it. Well, during this Administration and we continue to look to see what entity would do it, we did not feel that we had someone that we felt comfortable with to take this property and develop it. We did do the Environmental Impact Statement (EIS) for the property— I am sorry, the Environmental Assessment (EA). That has been completed. Recently, Club Moto Kaua`i has taken over the Wailua track. They have definitely brought some stability or stability to the organization and the operations down there. We have entered into an agreement for the Wailua track with them and they have demonstrated to us that they can take the Kalepa property to the next level. Coming before this Council for this twenty (20) year licensing agreement for Kalepa would enable this organization to develop, but also provide some stability when if and how they are going to fund the property when they try to go out for grants. My understanding when looking for grants, making sure that they have the property for a substantial amount of time, it makes it easier for them to obtain the grant, so this licensing agreement is to help them do that. It would provide a better facility for those into motocross racing and they intent to build a BMX track. But I should let them...the President is Darrell Dabin and he is here. Craig Arzadon is the behind-the-scenes person and does the paperwork. They are here and also have support from the Bertram Almeida who has a track out at Kahili Mountain, to come and share their vision as to what they see this track in doing for this licensing agreement. Council Chair Rapozo: Are there some question for Lenny, or do you want to hear from... Councilmember Yukimura: It is for Lenny. Council Chair Rapozo: Go ahead. Councilmember Yukimura: Why is this a license and not a lease? Mr. Rapozo: My understanding is the County provides a licensing. This is proper avenue to go, like what we did with the Boys & Girls Club for long-term. Councilmember Yukimura: I thought the Boys & Girls Club was year-to-year. Mr. Rapozo: No. We gave them fifteen (15) years so they, too, can go get grants. Councilmember Yukimura: Okay. Can maybe the attorney explain why a license is better than a lease? COUNCIL MEETING 52 NOVEMBER 14, 2018 Mr. Trask: Aloha. For the record, Mauna Kea Trask, County Attorney. Just in reviewing this, it seemed that there are legal differences between a license and lease. Generally, a lease temporarily grants the right to a certain project for a particular item, while a license is giving someone the right to perform or do something to a property that is originally not allow or prohibited in the absence of such license. Like Lenny said, it seemed like this is what has been done in past. Seeing no further reason why to change it, it was seen that we should probably just go with a license. Councilmember Yukimura: Well, they want security in order to be able to get financing, but the license is revocable and it is my understanding that a lease is more secure from their standpoint. That is why I am asking the question. Mr. Trask: Well, that is the kind of question for them. I am assuming that they talked to their lenders and their interested parties. I am not involved in those discussions with them. That is theirs. I am involved with the County's side. If this is what they... Councilmember Yukimura: But the County desires to give them, as I hear it from Lenny, the County desires to give them enough security in the land in order to get funds. I mean, even like agricultural leases versus licenses. (Councilmember Brun was noted as not present.) Councilmember Yukimura: I do not know. My understanding is that a lease is more secure or long-term. Mr. Trask: No, not necessarily. Councilmember Yukimura: Okay, alright. Mr. Trask: I just assume in negotiating this, if the parties were okay with it, then it is okay. Council Chair Rapozo: What is the difference between a lease and a license? Mr. Trask: There are nuance differences. Usually, it is dependent upon what the parties believe is appropriate. There are agriculture license. Council Chair Rapozo: Is it semantics? Mr. Trask: Yes. Council Chair Rapozo: Is there a legal difference between the two, or is it just—I read this thing before today and it is like a lease. Mr. Trask: Yes. COUNCIL MEETING 53 NOVEMBER 14, 2018 Council Chair Rapozo: It is exactly like a lease, but it is called a license. I do not think it is a big difference. Mr. Trask: There is really not. Council Chair Rapozo: I think it is semantics. I do not know why we choose license over lease. It is just because? I do not have a problem either way. I think they serve the same purpose. A lease is revocable and so is a license. Mr. Trask: Yes. Council Chair Rapozo: The only difference is this one says "license" and the lease says "lease." Mr. Trask: Yes. Council Chair Rapozo: In laymen terms. I do not what the legal difference is if there is one. I do not know. Councilmember Yukimura: Okay. Council Chair Rapozo: Councilmember Kagawa and then Councilmember Kaneshiro. Councilmember Kagawa: Lenny. Mr. Rapozo: Yes. Councilmember Kagawa: Is there any flexibility to go more than twenty (20)? Mr. Rapozo: Yes, there is. Councilmember Kagawa: How long has the current place been used by motocross? Mr. Rapozo: Kalepa? Councilmember Kagawa: No, the one by Nukoli`i Beach Park. Mr. Rapozo: I think back from the 1950s. Councilmember Kagawa: From the 1950s, so it has been used maybe seventy (70) years? Mr. Rapozo: Yes. Councilmember Kagawa: Why would it not go out of style? Motocross is going to be here and grow with more population. I would say a seventy (70) year lease COUNCIL MEETING 54 NOVEMBER 14, 2018 agreement would be more realistic because the useful life of the one that we have has already been that long. Mr. Rapozo: I have no problems in giving them something like that if that is the desire of this body. Councilmember Kagawa: Mauna Kea, is there any problem with going to a larger number? Mr. Rapozo: I do not see a problem with that. Councilmember Kagawa: Is there a problem with our ownership of the land to go longer than that? Mr. Trask: No, it is ours. The only thing is if you wanted to change that, you should probably—I understand it can be extended. Mr. Rapozo: Yes. Councilmember Kagawa: Oh, it can be extended later? Mr. Rapozo: Yes. Mr. Trask: Yes. If you want to change this document, you probably have to not take action today, come back, and then the timeliness issue before the end of the term. Councilmember Kagawa: Well, we will hear from the gentlemen back there and maybe they need to talk to their attorneys or what have you. I would think if you going to make significant improvements, the longer license or lease that you have as to credibility, I guess, as far as if it is worthwhile and if they can generate enough revenue or what have you to do all the things that they want to do there. (Councilmember Brun was noted as present.) Councilmember Kagawa: Thank you, Council Chair Rapozo. Council Chair Rapozo: The extension was the other concern that I had. It is only one (1) year, which for a twenty (20) year license, you would think that the extension would be for a little longer than a year. Mr. Rapozo: The reason for that as my experience with what is going on, is that sometimes when the document comes up for expiration and we found this in one of the canoe clubs that we used to have been agreement with down at Hanamd'ulu Beach Park, it gets forgotten and then we do not have anything. So, we are just put in that one (1) year to help us to get this document renewed again and to bring it in here to get it extended beyond the license agreement. Council Chair Rapozo: Oh. So the one (1) year is like... COUNCIL MEETING 55 NOVEMBER 14, 2018 Mr. Rapozo: Kind of like a buffer zone for us so that we can... Council Chair Rapozo: And then redo a whole new one? Mr. Rapozo: Yes. Council Chair Rapozo: It does not look like you can expend this one beyond one (1) year. Mr. Rapozo: Yes. Council Chair Rapozo: You would have to create a whole new license. Mr. Rapozo: A twenty (20) year document again. Council Chair Rapozo: Okay. I got it. Councilmember Kaneshiro. Councilmember Kaneshiro: I had a question on the Wailua track, what is the plan for it? Is the County still keeping that land? Mr. Rapozo: We are keeping that land. The long-term when the development of Kalepa was supposed to be done, was to look at possibilities of a short golf course for the kids. It was supposed to look at possibly extending the golf course. Now, that was done back when Mayor Kusaka was here and her Administration. That can be changed, of course, when they actually move up to Kalepa and that discussion can be held one more time. Councilmember Kaneshiro: For me, I think we just have to be cognizant. If we are abandoning that area, then I do not know what is going to happen out there. People might dump their trucks. It is not going to have the presence of people there anymore. We should have some type of plan so that it does not just end up costing us more money to remove vehicles, trash, or whatever when we decide to do something there. Mr. Rapozo: Yes. The long-term back then was to extend the golf course. Councilmember Kaneshiro: I do not think we are going to do that. Mr. Rapozo: Well, that was at that time. As I said, that could be discussed again. Councilmember Kaneshiro: Okay. Council Chair Rapozo: A follow-up to that, Lenny. There will be no more motorcycle activity from this, or are they going to be running both sites? COUNCIL MEETING 56 NOVEMBER 14, 2018 Mr. Rapozo: No. The agreement is to move them from Wailua up to Kalepa. Council Chair Rapozo: I think it was November 21st that this one begins, which is next week? Mr. Rapozo: Yes. Council Chair Rapozo: That old site will be... Mr. Rapozo: Oh, no. For now, they will continue the activity there. Then once they develop the Kalepa site and are ready to move in, then they will do away. The Wailua site is on a year-to-year licensing agreement. Council Chair Rapozo: But that is another organization, correct? Mr. Rapozo: No. It is with Club Moto Kauai. Council Chair Rapozo: The same organization has Wailua? Okay. Mr. Rapozo: They have taken over Wailua, and that is why they are here today because they demonstrated the stability and good things that they are doing at Wailua. Council Chair Rapozo: Got it. Councilmember Chock. Councilmember Chock: Are there any processes that they have to go through, EIS things that need to be done? Mr. Rapozo: We have completed it. Parks has done the EA for them. Councilmember Chock: Okay. Mr. Rapozo: They are taking it from there. Councilmember Chock: Alright. That is what I wanted to know. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: Parks has done an EA, and excuse me because I am not really familiar with this subject site. Are there no issues of neighbors, noise, or that kind of thing? Mr. Rapozo: Up at Kalepa, no. Councilmember Yukimura: Has the EA has shown that? Mr. Rapozo: Yes. COUNCIL MEETING 57 NOVEMBER 14, 2018 Councilmember Yukimura: Can you give us a copy of the EA? Mr. Rapozo: Absolutely. The farmers and the electric company is a neighbor. It is open land right now. Councilmember Yukimura: Okay. Then, Condition 15 says licensee shall at the end of term, or any sooner termination, peacefully surrender possession, however Licensee may, if required by the County, after termination, remove all personal property or improvements and restore the premises to its original or better condition. Why is it a "may" in terms of restoring the premise to its original and better condition? Mr. Rapozo: Well, I believe because it will be in a better condition than what it is already. Councilmember Yukimura: Oil, gas, terrain erosion, and all of that is going to be addressed, and why would it be a "may?" Mr. Rapozo: It could be a "may" or "shall." It could be a "shall." Councilmember Yukimura: As a landlord and custodian of the land, it is important to have that provision twenty (20) years or if you are talking seventy (70) years from now, it is not responsible as a steward of the land to have it really iffy. Mr. Rapozo: Okay. Councilmember Yukimura: When you are the owner of the land and you are leasing it out or licensing it out, you want to have the conditions that it will be restored to original condition or better condition. Then often times, I think there is a bond required to assure that and that is something that landownership requires. Then lastly, I noticed that the two (2) signatures for the County are notarized, but the signature of the Club is not notarized. Mr. Rapozo: It should have been. I was there when he signed it. Councilmember Yukimura: Twenty (20) years from now, you are not even going to know who it was that signed it. Ms. Fountain-Tanigawa: Councilmember Yukimura, there have been a couple of revisions to the document since it has come over. There were some errors that we caught, so they have been corrected. As far as the Club's signature, there is a notary with it. Councilmember Yukimura: Well, I think from a Sunshine standpoint, the whole agreement has to be in the docket. COUNCIL MEETING 58 NOVEMBER 14, 2018 Mr. Rapozo: Councilmember Yukimura, I am not sure which document that you are looking at, but the one that I have that... Councilmember Yukimura: I am looking at the one that was attached to the agenda. Mr. Rapozo: As the County Clerk mentioned, the original document came over, they found an error in Section 19, and then when they made the correction, I was out of state. My son was playing baseball, which is a good thing. They made the correction, but they errored in providing the copy with Section 10 regarding the insurance. I know we are going to be confused here, so I am hoping that I can clear this up, and that is one of the discussions that we needed to have here on the floor. I do have the document that was cleaned up for the third time with everyone's signature and notaries provided. I would ask that someone introduce a floor amendment. This was caught again, last week Friday and being the long weekend, it took us until yesterday to get everyone's signature. But I do have a document that the Club President did notarize. Council Chair Rapozo: Okay. Lenny, I am going to stop you there because we have to take a caption break. Mr. Rapozo: Alright. Council Chair Rapozo: We will get with our staff and figure out how to clean that up. With that, we will take a ten (10) minute break. Be back at 10:40 a.m. There being no objections, the meeting recessed at 10:30 a.m. The meeting reconvened at 10:46 a.m., and proceeded as follows: (Councilmembers Burn and Kawakami were noted as not present.) Council Chair Rapozo: The rules are suspended. There being no objections, the rules were suspend. Council Chair Rapozo: Oh, we will call it back to order first. Lenny, do you want to finish up, or Councilmember Yukimura, do you have any more questions? Councilmember Yukimura: Yes. The rent is a dollar a year and the licensor reserves the right to add insurance requirements as deems necessary, so is there a clear requirement of insurance? Mr. Rapozo: Yes, Councilmember Yukimura. When we spoke to our insurance broker, in the past, we have always required a one million dollar ($1,000,000) or two million dollar ($2,000,000) aggregate. That is the standard. It was brought to our attention by our broker that really, that does nothing for the COUNCIL MEETING 59 NOVEMBER 14, 2018 County because he understands that the Club is a nonprofit entity. That being said, they are limited in resources. So, what they had explained or what our broker had explained to us was that requiring a general liability policy would not really address the issues since the activity involves motocross or motorcycles, which are traditionally excluded from these types of insurance policies. He said that for the County, the best would be, and that is why it is written in this way, that the Club would have to agree and ensure that all vehicles that come on the property because they are transporting the motorcycles to the property, that they be required to comply with the State of Hawai`i's no-fault insurance law and in addition, all members of the Club must execute a waiver holding the County of Kaua`i harmless for any injuries sustained on the property that would be covered in this licensing agreement. Councilmember Yukimura: Did the County Attorney approve this? Mr. Rapozo: Yes, ma'am. Councilmember Yukimura: I would like to speak to the County Attorney. Mr. Trask: Aloha. For the record, Mauna Kea Trask, County Attorney. Councilmember Yukimura: How is the County protected? Mr. Trask: Given what Mr. Rapozo had stated, that was the analysis. Councilmember Yukimura: Well, waivers do not hold up a lot of times and so what you are saying is basically, if there are major injuries on this property, that we are going to be the ones that has to pay? Mr. Trask: No, that is a straw man argument. That is not true. Councilmember Yukimura: Then explain to me how we are protected. Mr. Trask: If you look at paragraph 11, this is the second paragraph after insurance. They voluntarily execute a waiver, is the first sentence like Director Rapozo had stated. The second sentence states, "Licensee shall at all times, with respect to the property, exercise due care for public and private safety and hereby agrees to indemnify, defend and hold harmless the Licensor, its officers, employees and agents, from and against all loss, damage, cost and expense, including, but not limited to attorney's fees and court costs, liability, demands, or causes of action resulting from nuisance, injury, harm, death to persons or damages to property (including without limitation, the Licensee's invitees, employees or property) arising out of or in any way connected with the Licensee's presence on Licensor's property or with the Licensee's use, activities, maintenance and operations." There are two (2) questions. (Councilmember Brun was noted as present.) COUNCIL MEETING 60 NOVEMBER 14, 2018 Mr. Trask: One is, is the insurance adequate and two, is there indemnity hold harmless and protection as far as liability goes for the County? For the former, I learned early in my career as a County Attorney, the County Attorneys are not insurance brokers. We contract with and rely upon our insurance brokers to give us insurance advice because although I am literate, I am not an insurance person. That is why we have that. They have errors and omissions insurance on that contract, so I want the County to rely on the insurance broker's representations because that is who matters in that regard. That is what he said in terms of insurance. As far as liability indemnity, that is not insurance and I think this protects us adequately. Yes, I do. I have seen this Council waive such indemnification provisions before. Insurance, if they say it is okay, then it is okay with me. Indemnity, we are still protected irrespective of the insurance. Councilmember Yukimura: What if the licensor is judgment proof? They do not have any money. Lenny already said they do not have any money and we are paying almost two million dollars ($2,000,000) for the property in Puhi, which we did not get properly insured. Mr. Trask: That is a totally different scenario. Councilmember Yukimura: I do not believe it is totally different. Mr. Trask: Do you think operating a whitegoods facility on agriculture land with a contract who had no insurance is... Councilmember Yukimura: A motorcycle... Mr. Trask: ...tantamount to a license? Councilmember Yukimura: Yes. A motorcycle that is not generally covered by liability insurance is a great liability to the County. They said no-fault insurance, does no-fault insurance cover off-road vehicles? Mr. Rapozo: As I had mentioned, yes. Their suggestion was that the insurance would be required for the vehicles that are bringing the motorcycles to the facility. But as you have alluded to with the lack of any kind of insurance, the type of insurance that general liability policies that we once required that is there, would not serve its purpose in this particular type of activity. Councilmember Yukimura: So that County would then take the risk? Mr. Rapozo: No. Mr. Trask: No, the nonprofit does. Mr. Rapozo: The nonprofit does. Councilmember Yukimura: The nonprofit. But if the nonprofit does not have much money, then it is going to come back on the County. COUNCIL MEETING 61 NOVEMBER 14, 2018 Mr. Trask: I would not agree with that. Our license provides they defend and indemnify. If they are judgment proof, then the plaintiff would not get a judgement. They would be judgment proof. That does not... Councilmember Yukimura: I do not believe that is true. I think they will come back to the deep-pocket and the County that owns the land. Mr. Trask: Well, then you should vote "no." Councilmember Yukimura: That is correct, because it would not be proper stewardship. Mr. Trask: If that is your opinion, then that is yours. Council Chair Rapozo: So, the insurance company advised us not to put the requirement in there? Mr. Rapozo: Yes, because again, the general liability would not really address the issue of such activity involving motorcycles. That is the way it was put to us. Councilmember Chock: Do you have that in writing? Mr. Rapozo: I have an E-mail, yes. Councilmember Yukimura: May we see that? Council Chair Rapozo: It just seems kind of awkward that we would not. Mr. Rapozo: Councilmember Yukimura, I take that comment as saying that I might be making this up out of thin air, and I am not. Councilmember Yukimura: I do not know why you say that. We asked for a written... Mr. Rapozo: I can provide you a copy. Councilmember Yukimura: We want it in writing for a lot of things. Mr. Rapozo: I can give you a copy. Councilmember Yukimura: I am sorry. Mr. Rapozo: I can provide you a copy. Councilmember Yukimura: Thank you. COUNCIL MEETING 62 NOVEMBER 14, 2018 Council Chair Rapozo: Okay. I am just trying to think of other agreements that we have with other—is it just because it is motorcycles? Mr. Rapozo: That is what our broker said. Council Chair Rapozo: The insurance person? Mr. Rapozo: Yes. Council Chair Rapozo: Because of the activity? Mr. Rapozo: Yes. That normally would not be covered under this type of liability that we require of almost everyone. Council Chair Rapozo: So that is not a new precedent that let us say we lease out a property, parcel, or whatever, we would still require it? Mr. Rapozo: For me, this is a first. Every other one that we have come before you... Council Chair Rapozo: We always required it? Mr. Rapozo: Yes. We have asked for that general liability. Council Chair Rapozo: Yes, okay. Councilmember Yukimura. Councilmember Yukimura: Do you know how the State handles the racetrack in Aland and what their agreement looks like? I would like to see a copy of that. We should learn and look at that lease or license. Council Chair Rapozo: Well, we would have to get that, not them. That is the State. Councilmember Yukimura: Oh, they could do that as part of the due diligence. Council Chair Rapozo: Well, if we want that information, our staff can call the Department of Land and Natural Resources (DLNR) as quick as they can. (Councilmember Kawakami was noted as present.) Councilmember Yukimura: Fine. Council Chair Rapozo: If you want to see that. Councilmember Chock. Councilmember Chock: I think what I am hearing you say is as it relates to the specific activity of the motorcycle usage because it is a vehicle, that is why it differs here. However, any business that has access to property, say someone COUNCIL MEETING 63 NOVEMBER 14, 2018 comes on in the audience and falls down, there are a lot of different instances. Because this is an important question, I just want to be sure those are all answered. I would hate to see us in a situation where we are not taking care of every situation. Mr. Rapozo: In this instance, as I had mentioned based on his recommendation, that is the way number 10 was written. Based on what he provided to us and his suggestion was that we execute waiver holding of the County of Kaua`i hold harmless for any injuries sustained on the property covered by this licensing agreement. It was written like this and concurred by our attorneys. Council Chair Rapozo: Councilmember Kagawa. Councilmember Kagawa: Mauna Kea, is it a problem to add years to the license agreement? Would it, because of Sunshine, force a deferral if I would say that we should increase it from twenty (20) to forty (40)? Mr. Trask: Yes, because you would have to go back and re-execute the whole document. Councilmember Kagawa: Okay. The gentlemen back there said they would support my amendment, however, they said that they are okay with the document as-is. Mr. Trask: Okay. Councilmember Kagawa: I would say that could be done. Mr. Trask: I think you could amend it then, if they are okay with it. I do not know if it is substantial change. It still pertains to the activity. It is still the same parcel. Councilmember Yukimura: It is a substantial change. Councilmember Kagawa: Like I said, I do not want to... Councilmember Yukimura: Seventy (70) years over twenty (20) years. Council Chair Rapozo: I would support it, but I would suggest we go back and redo it? Mr. Trask: We would have to re-execute it. Council Chair Rapozo: Right. Mr. Trask: I would have to re-type and change it. Councilmember Kagawa: Would that be in two (2) weeks? Mr. Trask: It can be. COUNCIL MEETING 64 NOVEMBER 14, 2018 Council Chair Rapozo: Yes. Councilmember Kagawa: In two (2) weeks, alright. Council Chair Rapozo: We will just have to make the changes, have them re-execute it, have those signatures notarized, and then we could get it done. But I would kind of get a feeling from the rest of the Council. I would support it, absolutely. But I do not want to put this on the staff, have them run around and do the paperwork, come back in two (2) weeks, and we do not have the votes. Mr. Rapozo: Parks would do it. We would change it and get everyone's signatures. Councilmember Kagawa: I was thinking about seventy (70), but then I was thinking maybe forty (40) would be great. Council Chair Rapozo: We would post a new item. We would keep this one. I am just worried that things change in two (2) weeks, Councilmember Kagawa, and I do not want to see us receive this, come up with a new agreement, then do not have the votes, and we are back to square one. I know how long... Councilmember Kagawa: But if there is no other way to find out whether we have the votes without actually taking a vote, then I would ask can we have two (2) documents on this, one with twenty (20) and one with forty (40)? Council Chair Rapozo: That is what I am suggesting, that we would post a separate item so we would have the two (2). Councilmember Kagawa: Yes, because certainly... Council Chair Rapozo: Or you could pass this one today as-is, have Parks work on the new one, and then do this whole exercise again in two (2) weeks. Councilmember Kagawa: For me, realistically, I cannot see doing the type of improvements that they want, moving the whole track, and having only a twenty (20) year window of guarantee. I would say that is just—you might be done in five (5) and then you have (15) to use it. It just does not seem reasonable. Look at the other one. They just said that it has been there for seventy (70) years, so I am just thinking let us really deal with the reality instead of giving these people something that could change. I am comfortable with the gentlemen back there and my reasoning for pushing it another twenty (20) years. Thank you. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: I would like to vote for an agreement, but only if it properly protects the County and properly balances the rights and responsibilities of the lessor and the lessee or the licensor and the lessee. I do not believe that a"may" be required to restore premises to original condition is—I think if there were a trustee situation, there would be a breach of fiduciary duty and would be cause for suing us COUNCIL MEETING 65 NOVEMBER 14, 2018 by the beneficiaries who are the people of Kaua`i, so that would have to be changed for me to be able to vote for it as well as some way to enforce this provision. I think there needs to be some though about a bond or something. Councilmember Kagawa: Can I ask a question? Council Chair Rapozo: Go ahead. Councilmember Kagawa: Are you saying that if at the end of forty (40) years, their license agreement runs out and say there is another group that wants to take over, I mean, they may want the improvements that are in place. I am just thinking forward. If we say "shall" remove, then they will take down the improvements that they made and the next people that are taking over has the same use in mind are going to have to build it back up. I think the "may" is good, then that way, it allows some flexibility because we actually do not have a crystal ball. We do not know what is going to happen in forty (40) years, but leaving it flexible allows us to deal with the changing times. Councilmember Yukimura: You make a good point and there could be something if the use is to continue under someone else, then it is fine. But if it is going to end, then it needs to be restored to the original condition, or I mean...I can see possibly giving some discretion. Council Chair Rapozo: Go ahead. Councilmember Kagawa: Council Chair Rapozo, regarding liability, I will just give you a real-life situation where we have property and you never know what is going to happen. The other day, I was on the 9th hole at Wailua Golf Course in the middle of the fairway and a ball missed my head by about a foot from the first tee-off, which is an out-of-bounds shot. There were two (2) big men up there that were really strong, so liability is around us wherever we go. I could have died right there, seriously. I could feel the wind from the ball passing my head. Did they intentionally hit it by me? No. They were trying to hit it in the middle. With Parks and Recreation, we have liability all over the place. Like these gentlemen behind said, if we do not do improvements, then what do the kids do? They are going to ride motocross in the streets and ride motorbikes in the streets. They could kill other people, but we are trying to build something that will actually reduce liability out there in the public by having this type of facility and making it safer for everyone. I think while we do—I know your concerns. Your concern is to protect against unforeseen circumstances, but they are actually trying to make an improvement by having something that is attractive. I do not know if this track is as attractive as it used to be, but I think they are trying to make something better so that we can have it be popular again. It is like a two-headed coin. While I struggle with not having the insurance, I understand why the insurance is ruling that way. At the end of the day, I think we have got to just weigh what we feel is best for everyone. Council Chair Rapozo: Councilmember Yukimura. COUNCIL MEETING 66 NOVEMBER 14, 2018 Councilmember Yukimura: Well-said, Councilmember Kagawa. It is knowing that this group is responsible, but if there is a change in leadership and so forth, how do you manage that because how the place is run is really important. If they do not have any skin in the game, then if it is poorly managed—I am not saying that this group is doing it, but subsequent groups and we have seen nonprofits go into all kinds of management issues. If it is that the County gets the liability, then there is no good feedback or incentive to have good maintenance and good management. So, how do we somehow incentivize that in how this agreement is structured? Council Chair Rapozo: Are there any more questions for the Administration? I do want to bring up the gentlemen from the Club so we can kind of get an overview. Thank you. Gentlemen. CRAIG ARZADON: Thank you, Council Chair Rapozo and Councilmembers for taking the time to listen to us and hopefully, we can go forward on this good journey. It is going to be a good one. I guarantee it. I am sorry if some Pidgin comes out. I am a local boy from Kaua`i, so it might come out a little bit. My name is Craig Arzadon. I am one of the co-founders of Club Moto Kaua`i. This is... DARRELL DABIN: Darrell Dabin, President. Mr. Arzadon: I am the Treasurer and Secretary of Club Moto Kaua`i. I am going to give you just a brief outline of what we are all about, what we wanted to do, and where we want to go. Club Moto Kaua`i, what we want to do is just create a great place for the community of Kaua`i to enjoy motocross riding and BMX. As you know, back in the 1970s when I was growing up, we had tracks on Kaua`i. It was really popular. It was in Kapa`a, Lihu`e, and all over. Motocross was really big, too, down at Wailua. We will emphasize the fundamentals of safety of riding at the outdoor facilities. With the help of the County of Kaua`i and the community members, Club Moto Kaua`i will be able to create a first-class facility for all of Kaua`i, neighbor islands, and the mainland to enjoy. I will give you a brief history of how it all begun for us, Club Moto Kaua`i, our current status, and where we want to go in the future. The history of motocross riding on Kaua`i. Off-road riding has been on Kaua`i forever. When I was growing up, I knew a lot of people riding motorbikes and it was the in thing to do. Everyone was excited. We would come home from school, jump on our bikes, and go. We used to ride in the cane fields roads and whatnot. When we had the track, it was a better place to go. It was safe. Off-road riding has been going on for over sixty plus (60+)years on Kaua`i. Motocross started a little after that down at the Wailua track. I was about maybe seven (7) or eight (8) when I first started riding motocross. Before that, I was racing BMX. BMX was the in thing. We could afford that. At the time, we were not making that much money. BMX was a much better alternative to motorcycles. Yes, there were many clubs before us that started this whole thing. It was with GIMC, Garden Island Motorcycle Club. That is one oldest clubs on Kaua`i. It has been here forever. From what I can remember, we had a kids club called the Rascals. It was all young kids with miniature bikes. We used to do safety and fun things with all motorcycle riding. We had Kaua`i Motocross Riders Associating (KMRA), Kaua`i Motocross Association (KMXA), and a whole bunch of other ones that I cannot remember. Then now us, Club Moto Kaua`i. I can tell you from my experience and also Councilmember COUNCIL MEETING 67 NOVEMBER 14, 2018 Kawakami can let you know that growing up, riding motorbike and riding BMX, I was not a great main sports player. I was not good at baseball or football, but riding a bike by yourself, hitting jumps, catching air, that was like...we do not care about injuries. We do not care if we got hurt. If we got hurt or fell down, we would get up and go again. That was my thing. The major sports was okay. I played them, but I was not good. BMX riding and motorbike riding, that sensation you get is unbelievable. Unbelievable. Of course, Darrell can tell you about his experience. Mr. Dabin: He is still not good. Motocross, I think I am the fourth or fifth generation in my family riding, and then my youngest one obviously, he rides. We travel all around. We have one (1) track on Kaua`i and we would like to keep it and make it bigger. I have been to the mecca of motocross in California and I have seen their facilities, how they run it, and what it takes. I am pretty sure we can get the same first-class facility here on Kaua`i for the kids here to give them an opportunity and a place to excel in something that they like to do and compete worldwide. Mr. Arzadon: This whole process, we thought about it over six (6) or seven (7) years ago. I was just sitting around thinking, "Man, motorbikes cost about four thousand dollars ($4,000) to six thousand dollars ($6,000) for a miniature bike. Who can afford that?" I was thinking, "What ever happened to BMX?" That was my goal. I want to bring BMX back. You can go to Wal-Mart. You do not need the best bike. You can go Wal-Mart, buy a bike, and ride it. So that was my driving thing right there. I wanted BMX. I met up with Darrell, he is the motocross person. We put our heads together and decided, "Hey, do you know what? We should go for this and try to do this." We wanted to do it the right way. We wanted to go through the channels. We wanted to do everything right. The process started. I first talked to the Mayor and talked to the Department of Parks and Recreation, and this is about four (4) years ago. I was just interested in BMX. "Hey, you folks have this property up by Kalepa, what do I need to do? What do I have to do to get this?" He said, "Craig, first you start a nonprofit. You do all of that, do your paperwork, do all of this, come back to us, and talk to us." Then, I said, "Okay." I started the process. Then, my son got into sports and whatnot so it got kind of pushed to the back burner. Finally, sports kind of died down and I put my whole effort to get the nonprofit. As a local boy growing up, I do not know how to do that kind of 501(c)(3). I hired an attorney. As poor as I am, I paid this person big money to do it and he did it. That was the first thing. We got that. We got the General Excise Tax (GET) license. They told me to get that. I met with Lenny many times. He said, "Craig, come up with a business plan. You have to come up with something that will let us know what you want to do. You cannot just say, `Hey, I am just going to do this."' I put my head down and went. I said, "Oh, my college degree is finally paying off." I put my head down, got all of that, and boom. We were moving. Then I said, "Do you know what? We are going to do it the right way." He told me, "We are going to get a license agreement." I do not think a motorcycle club ever got a license agreement. It was kind of like that was the spot to go. I wanted to do it the right way, the correct way. The right way. I worked on that and then we got the track in Wailua. The club before us left and whatnot, so that kind of pushed us to hurry up and we got it. We got the license agreement really last minute. It was after all of the floods and whatnot. We kind of took over and put on one of the biggest events that COUNCIL MEETING 68 NOVEMBER 14, 2018 we have annually, which is our Labor Day event where people from Honolulu come over. It is a State race. It got kind of messed up because the hurricane was supposed to come that week, so people did not come, but we still had a good turnout for Kaua`i. We came together, all of the community and people from north shore. We all came together with equipment and whatnot. We brought the track up to ridability, safety, and all of that. So we did that. As for now the current status, as you folks know, we have a one (1) year license agreement for Wailua. We do not think we can just shut down today and then go up there. We have to be able to still operate, try to help generate some funds, and then also work at the new site because we have no money. We have to do things slowly. Hopefully, we can still keep Wailua and do a work-in-progress to get Kalepa going. We would like to do that. My goal is to bring BMX first. That is my goal. We have a track already for motocross. In the meantime that we are down there, I want to build the BMX track, get that going, and have the kids go with that because I have been hearing on the west side. I am not too sure where the west side is riding. Maybe they are riding in a dried reservoir or something. Kids are asking for BMX. I tell them, "Hang on. We are working to get it." So, that is my whole thing. I want to start with BMX and then eventually transition over into motocross. It is not going to happen overnight. The Great Wall of China was not built overnight. It will take some time. We probably have a good fifteen (15) to twenty (20) people that can help us or even less. It is all volunteers. We do not get paid. We just do this out of the love for the sport. So, that is our plan. We are going to move slowly—well, as fast as we can. We want to move fast, but we are going to do it the best we can. For the Ma'alo Road facility, the reason why it is good for us, the motorcycle community, the community of Kauai, and everyone else is the location. The road is a paved road going all the way up there. If we, God forbid, had to have an ambulance come in, they have to come through a bumpy and muddy road that is broken. It is really bad to get there. Just going in, the mud is bad. This one, the property is right there on the road. It is a pave road, boom. It is right there. Location. There are no neighbors nor hotels. We do not have calling up. We do not have the salt air. The salt air is a big killer for our bikes, especially when we use saltwater for dust control. We all know what saltwater does to our vehicles over here, so can you imagine what it does to our bikes? It is just better area, better facility, and I think a lot of years was down at Wailua track. I think it is kind of used up. There is no dirt over there. It is only sand. Change is good. I believe change is good. Some people might have a hard time, but I believe change is good. With Darrell by my side and some other people with us, I believe we can turn this into a world-class facility. Our goal is, like I said, BMX, motocross, and hooking up with American Bicycle Association (ABA). We want to have State races with Honolulu. Honolulu has a really nice BMX track called the "Sand Lot" on Sand Island. It is a beautiful track. We can have State races. We can build comradeship with other islands and other clubs. It just brings everyone together with all of these things going on now days with all of these political things. We have to put all of it aside, come together, have a good time, and enjoy ourselves. Then, we want to build a first-class track for Loretta Lynn's Qualifier. That is the big show for us local people. It is like a high school football player making it college. We want to build a facility. They have facilities for football players to play and you can make it. We want to build a facility where like his son who did go to the Loretta Lynn's Qualifier and did awesome representing Kaua`i. He did awesome. They can COUNCIL MEETING 69 NOVEMBER 14, 2018 train and represent Kaua`i on the mainland. That is the ultimate goal. With closing, I just ask for your support and blessing on this journey, all of us together. This is not just one. We are all going to do this together and we can make this happen. It has been a long time coming, but I think we can do it and it is going to be awesome. It is going to be awesome. I truly believe so. Again, thank you for your folks' time. If you have any questions or if there is anything else that you want to say, you can. But it has been a long time coming. I am sorry for taking up so long of your time. I can go on forever. Anyway, thank you. Council Chair Rapozo: Councilmember Chock. Councilmember Chock: Craig, thank for your presentation. I am very supportive of what your folks' intention and vision is. I heard you talk about having a business plan to orchestrate what that need is. I would not mind being able to tune into it. Mr. Arzadon: Sure. Councilmember Chock: Just so I can get a sense how you are going to get there and what we can do at County-level to support it, and maybe that can be sent over via E-mail or whatever. Mr. Arzadon: I have it. Councilmember Chock: When you think about not having money, but what are the things that you need in order to accomplish it? Is it heavy equipment and other things? I think, those are the things that I would love to be able to tune into as you folks move forward. Council Chair Rapozo: Are there any other questions? Councilmember Yukimura. Councilmember Yukimura: Thank you, Craig and Darrell. Because you do paint a really exciting vision for the kids and I think it is something that we all want to support. Have you gotten to the place where you actually have drawings and costs for developing that site? Mr. Arzadon: Well right now, we have a company, Rick Hurst on the north shore, that is willing to help us build and design the track. It is on a totally volunteer time when he has time on the weekends or whenever he has free time to come and help us. It is not something that we can pay him thirty thousand dollars ($30,000) to come and just do it. Councilmember Yukimura: Rick does the actual site work? Mr. Arzadon: Yes. Councilmember Yukimura: But do you have an overall plan or drawing? COUNCIL MEETING 70 NOVEMBER 14, 2018 Mr. Arzadon: Yes. Like I said, I am not really good on doing computerized things, but I put on our business side, which I can send to you, too, there are pictures of what we would envision of the track and things like that. We did put some things that we would like to have, even surplus fire trucks would probably work out for us. Councilmember Yukimura: Really? Mr. Arzadon: No. But any kind of help; money or whatever we have to do. Oh, I wanted ask is if you folks can lead us to the right direction on who can help us with grant because I have no clue on how to do grant writing. Grant writing to you folks to try to get help. I mean, you hear a lot that a lot of money goes out to different organizations and whatnot, and it is like, "Oh, man. We could use that, but how do we get it?" I do not know. I can ask, but you are not going to give. We just need some help and guidance in that kind of thing. Councilmember Yukimura: Yes. How is the California facility that I think you called it, the one that is really a great model? Mr. Dabin: It is the whole Southern California. Councilmember Yukimura: Right. Mr. Dabin: What do you mean, how is the facility? Councilmember Yukimura: How is funded and who manages it? Mr. Dabin: I only know that one is a nonprofit and one is private. There are a bunch of them. Councilmember Yukimura: Well, I do not know about private which would have entry fees or things like that. I do not think we are talking about that, or maybe even the O`ahu one. We just need models for how things are working with the recognition that we do not have the tax base that Honolulu does or even Southern California. Mr. Dabin: Yes. Councilmember Yukimura: In your business plan, I presume you have costed out...you are thinking of what would fit Kaua`i, doing it in increments because probably you cannot do it all at once, but you have to have an overall plan so what you do in the beginning does not counter what you want to do subsequently, right? Mr. Dabin: Are you asking about the cost to build the track? Councilmember Yukimura: Yes. Mr. Arzadon: We have timelines. COUNCIL MEETING 71 NOVEMBER 14, 2018 Councilmember Yukimura: That is good. Mr. Arzadon: We hope to get there, but we have timelines on what we want to accomplish and whatnot. Councilmember Yukimura: Do you have costs? Mr. Arzadon: We do have some costs. Most of the money that is going to help us continue this is paid for by practice fees. We have to charge practice fees. We are doing something that has not been done before, but we are going to try. We are not going to make it a membership. Membership is like an exclusive club. We had some people sign up with a membership and then we have kids who want to ride bikes, but have no membership and does not want to come. What we did is we said, "Do you know what? All come. You just pay your practice fees." We open it to all; adults, kids, and whatever. That is our thing to bring in more people, we would open it up to everyone and not be like a Costco membership type of thing. We are open to all of Kaua`i. Councilmember Yukimura: Especially if you are asking to use public lands.... Mr. Arzadon: Sure. Councilmember Yukimura: ...that would be of concern to us. Mr. Arzadon: Right. Councilmember Yukimura: That if it turns into an exclusive club, I do not think that is a vision that is supported by public resources. Mr. Arzadon: Before, you used to pay a club membership and if you was not a member of the club, you can still come ride, but you just pay more to practice. You would pay a higher fee. We kind of want to do away with that because it is an expensive sport. We would like everyone to enjoy the facility. Then, the race fees. You have to pay for race fees and things like that. So that is what is going to carry us and try to get the community involved with donations and whatnot and try grant writing. People have been telling me all about grant writing, so I am going to try to put my college skills to the test to see if I can do it. Councilmember Yukimura: Good for you. Right now, you folks have a license agreement to the Hanama`ulu site? Mr. Dabin: The Wailua. Mr. Arzadon: Wailua. Councilmember Yukimura: Oh Wailua, right. Do you have a license agreement? COUNCIL MEETING 72 NOVEMBER 14, 2018 Mr. Arzadon: Yes. Councilmember Yukimura: And it did not come before the Council, or it did with the original group? Mr. Arzadon: No. It is a one (1) year use agreement. Councilmember Yukimura: Oh, I see. Okay. But apparently, you said you brought that track back into shape. Mr. Arzadon: Yes, because what happened is the previous club decided it was time to end. We were not even really ready to take over, so by the time we wanted to take over and whatnot, they left and had the floods and everything with all of the rain and water down there because it floods really bad down there. All of the grass was growing and the dirt was gone. We had to go in and re-scrape, redo, mow, and do all kinds of things just to get the thing—in fact, right now it is flooded from the past rains, so we have not been riding on the weekends. Councilmember Yukimura: Whereas this other site is not susceptible to flooding? Mr. Dabin: No. Mr. Arzadon: I do not think so. It probably can. Mr. Dabin: It is not as easy to flood because of the water line. Councilmember Yukimura: I am sorry? Mr. Arzadon: Yes. Mr. Dabin: There is a small window that a little rain will flood where we are at right now. Councilmember Yukimura: Yes, that is a very low line. Mr. Arzadon: Yes. Mr. Dabin: Yes. Councilmember Yukimura: Even if Aqua Kaua`i Beach Resort did not have their pumps, we have seen their parking lot flooded. Mr. Arzadon: Right. Councilmember Yukimura: You mentioned the proximity to the hotel and all of that, which is a real conflict. COUNCIL MEETING 73 NOVEMBER 14, 2018 Mr. Arzadon: Yes, even though we were there first though. Councilmember Yukimura: Yes, I know and some of us worked on not having resorts, but anyway. Okay. Alright. Thank you. Council Chair Rapozo: Are there any other questions? Councilmember Kagawa. Councilmember Kagawa: I just want to thank you folks for what you are doing. Would the forty (40) years be better than the twenty (20)? Mr. Arzadon: Yes. Mr. Dabin: A lot better. Mr. Arzadon: Like you said, security that we are there. Councilmember Kagawa: Yes. Mr. Dabin: It is easier to get help. Mr. Arzadon: Yes, definitely. Councilmember Kagawa: We are going to have to wait two (2) weeks. Mr. Arzadon: Sure. Councilmember Kagawa: Because we need to fix the document. Mr. Arzadon: Do I have to come back, too? Councilmember Chock: I do not think so. Mr. Arzadon: Okay. Councilmember Yukimura: You should come back. Councilmember Kagawa: Yes, maybe you should. Mr. Arzadon: Oh, okay. Councilmember Kagawa: If she says you should, you should. Councilmember Yukimura: No. That is what you do when you lobby for something. Mr. Arzadon: Oh, okay. Councilmember Yukimura: You show up. COUNCIL MEETING 74 NOVEMBER 14, 2018 Mr. Arzadon: Okay. Council Chair Rapozo: Councilmember Brun. Councilmember Brun: Just come back in two (2) weeks with earplugs. Thank you for what you are doing. You have my full support. Mr. Arzadon: Thank you. Councilmember Brun: For what you folks are doing, you have my full support. Mr. Arzadon: Thank you. Councilmember Brun: If forty (40) years is better, let us do it. Mr. Arzadon: Yes. Councilmember Brun: In case anyone is wondering, in two (2) weeks, I will support it and I will not change my mind. Council Chair Rapozo: Anyone else? Councilmember Kawakami. Councilmember Kawakami: Thank you for taking initiative and organizing the Club because I know in the past, there were some rough times. BMX was huge when we were growing up. We had the track at Nawiliwili and that was when Eddie Fiola was huge. This is what Kaua`i needs. We need a safe place for kids that are falling through the cracks. Not every kid is interested in basketball, football, and baseball. Motocross is huge and Kalepa is the area. People are already riding back there anyways. I am really excited. I would say that when you bring up the talent that you are looking for to help craft this, start with your Board of Directors. Recruit people that have that grant writing experience and really, that Board is where you are going to have that skillset to have you folks succeed moving forward. There is probably a lot of people out there that ride. I know Dr. Pavao rides. Just from every walk of life. They are out there. My wife will not let me get a bike because I am accident-prone, but I am very excited for this. Thank you for getting the group organized. Lenny and the Department of Parks and Recreation, thank you for getting this together and making this happen. Thank you. Council Chair Rapozo: Councilmember Brun. Councilmember Brun: Thank you, Council Chair Rapozo. I just had a question. Councilmember Yukimura, are you going to change it from "may" to "shall?" Councilmember Yukimura: I have listened to Councilmember Kagawa and I can see the need for some flexibility, but I would like to see what comes back. COUNCIL MEETING 75 NOVEMBER 14, 2018 Councilmember Brun: Okay. Again, I would support it, but if we are going put "shall," I am not going support it. If we leave it at "may," I will support it. I do not think we should hold these people responsible because someone else might want to do what they did. So, if we are going to change it to "shall," I am not going to support that wording. I want it to stay a "may." Thank you. Council Chair Rapozo: It is the same thing. Are there any other questions for these people? If not, thank you, gentlemen. Mr. Arzadon: Thank you. Council Chair Rapozo: I know it has been a long time, so congratulations. Mr. Arzadon: Councilmember Chock, I will get your E-mail so I can send the business plan. Councilmember Chock: I will give it to you. Mr. Arzadon: Okay. Councilmember Chock: Thank you. Mr. Arzadon: Or do you want this one? I can give you this one. Council Chair Rapozo: Thank you. Is there anyone in the audience wishing to testify? Ms. Fountain-Tanigawa: Council Chair Rapozo, we have... Council Chair Rapozo: I am sorry. Do we have registered speakers? Ms. Fountain-Tanigawa: Yes, we have. Council Chair Rapozo: Okay. Ms. Fountain-Tanigawa: Felicia Cowden. Ms. Cowden: Aloha, Felicia Cowden. For the record, I will probably want six (6) minutes. I want to speak on both the insurance and design elements. Having been the owner of Hanalei Surf Company, which does extreme sports for eighteen (18) years, we did surf and skate contests and taught all kinds of things. I know quite a bit about insurance, how you get nested insurance, and why insurance is really important because the kind of injuries that can happen in this can be life-impacting and be very profound. I want to say we never once in all of that time have an insurance claim, so that is good. I also did my Akamai Learning Program for five (5) years where I took those kids hunting—I was not the hunter—hunting, fishing, ziplining, and all kinds of extreme activities for middle school out in the COUNCIL MEETING 76 NOVEMBER 14, 2018 canoes. I was able to get insurance and it really was not that expensive. I understand a lot. We had eighteen (18) policies and even now, I still have policies because I am so aware of liability. When they say the two million dollar ($2,000,000) liability policy is not valuable, it is not valuable if there is a motorcycle accident. But still having it has a lot of value because there are all kinds of other things that can happen. Someone can fall and break their ankle while they are just walking in or a dog could bite them. There are a whole lot of insurance issues that can be of value. Now, where I got insurance, and I am saying this not to give these people a hard time, but to help them. It is like, for a lot of the water sports things that we do at our rentals, we actually had to go the international market. We sort of joked about it. Our liability insurance policy came from the Cayman Islands. We were a little bit like, "Oh, my gosh." But for things like our skate contests, people could get really hurt. We have surf contests and we got that through the Boy Scouts of America. I got my insurance for Akamai Learning through the Boy Scouts of America. I had to insure Kamehameha Schools, Bishop Estate, and Waipa. I had to ensure every place that we went to do it with. I basically self-funded that school, so I paid for that insurance. It is not that heavy. When we are talking about Loretta Lynn's place, I say when you are looking at the design, insurance, or any of these things, ask Loretta Lynn or Dolly Parton. Tennessee takes these things to the nth level of community development and support. They probably can easily guide into a really good insurance policy. They could not be doing this if they were not having good insurance policies and it is probably not that bad. Let us see if anyone else has something because I have... Council Chair Rapozo: Is there anyone else in the audience wishing to testify? Okay, you can continue. Ms. Cowden: Okay. Dolly Parton has Dollywood and Loretta Lynn, when you go and look at those types of things. The other thing that I know from doing extreme sports and trying to get good design and help coming in, my business side jumps in there and goes, "Hey, ask Volcom, RVCA, and Fox." I think instantly because I am kind of excited about what they are talking about. I would ask Dolly. I would ask Loretta Lynn. I would ask those people. You have a big event, raise that funding, bring it over, and make it good. We actually have extreme sports people here that are pretty well-funded. It might be that by asking for help—the thing that is really nice about this zip code anywhere on Kaua`i, is people want to come here, so you can get these industries to come. I appreciate the humble-heart that these people are coming from. They are doing this and just trying to help the kids. Well, I want to the help the kids. Let us help the kids in a way where we are getting out of the track right and strong, and you would be surprised how much people do want come over and help. The kind of help that we used to get for our industry was more than I of ever ordered in product from these companies. They will want to come and help. I am happy to help. I do not know if it is appropriate now that I am a Councilmember, soon, to help these people, but I would be able to help them in looking at these issues. Do it right and do it safe. The kind of injury that a kid could get or an adult could get, can put them in a very difficult time forever. Just what I have always found is if I am well-prepared, I am not going to have a problem. I am not going to be nervous. Let us be well-prepared. Let us do this. In terms of the "shall" or "may," Councilmember Kagawa brought up a really important point. I think it could be framed such that if this is going to turn over to something COUNCIL MEETING 77 NOVEMBER 14, 2018 continuous, then it carries on. If it is going to be ended at the end of that time and it is not going to be there is an exit clause, an exit plan, of how it transitions because just choosing a word like "shall" or "may" limits us. We can have two (2) different outcomes or three (3) different outcomes that "shall" can look in different ways. The more we put these people up—okay, he gave me a face. "Shall" meaning we can have an exit clause and how it can work. Let us help these people do a great job. I am excited about it, I support it, and we can help them and help the County be responsible. If any kid or adult is injured here, that we can take care of them. Thank you. ALICE PARKER: Alice Parker, for the record. I wanted Felicia to continue her whole statement. I think twenty (20) years is sufficient because you can always extend it. Who knows what kind of critters and devices people will be riding in twenty (20) years and who knows what the land will look like with climate change? Thank you. There being no further testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Let us introduce the amendment. How do you folks want to handle this? Councilmember Kagawa: No, we will do it... Council Chair Rapozo: Do you want to do that in two (2) weeks and just defer whole matter? Councilmember Kagawa: Yes. Council Chair Rapozo: Okay. Go ahead. Councilmember Kagawa: I just want to echo a little bit what Councilmember Kawakami said. I teach at Kapa'a High School and talk to a lot of the kids. There are a lot of kids that are interested in motocross and BMX. They complain to me that they wish we had better facilities. Our island's population has doubled since the 1980s and we seem to have less BMX facilities than we had back then. We do so much improvements on bike paths or walking paths along the highway, which, to me, a lot of it is dangerous and seldom used. But here we have a request to make an improvement on something that has been in place for seventy (70) years, so let us support it. We support millions going to the bike path along the shoreline. Why not have something better for our next generation and our own generation that still does it? They are trying to make an improvement and they said the problems that exist by Nukoli`i. You cannot go in there with two-wheel drive if it is muddy. You will get stuck, and you will get stuck right at the beginning. It does not even have to be that deep to get stuck over there. What are we going to do? Are we going to fix the road, too? They are saying why that other place is better. Let us support it. Let us get behind these people. If these people cannot do it, they are going to pass it on to someone who will. I think being worried about—to me, it is a no-brainer why we should support it. We should support these people financially, COUNCIL MEETING 78 NOVEMBER 14, 2018 whatever of they need because it is a sport. It is a sport that has been here for a long time and like I said, what would you rather have? Would you rather have them in communities, roads, or cane fields making their own tracks or would we rather have them have someplace where they can learn the right way where they can learn from competition? To me, it is a no-brainer. It is really a no-brainer. Thank you, Council Chair Rapozo. Council Chair Rapozo: Anyone else? Councilmember Kaneshiro. Councilmember Kaneshiro: I am in support of it I think when it comes back, the "may" versus "shall" I think "may" is the appropriate word for it because after that it says, "if so required by the County shall remove it." It provides the option for the County to control whether the items are going to stay there or not stay there. I guess that is my only comment on the "may" versus "shall." Council Chair Rapozo: Anyone else? Councilmember Yukimura. Councilmember Yukimura: I think we all want to support this. I think it is an exciting sport for kids and for kids who often do not have other interests in the more conventional sports. The thing is, I think we want to do it right and when you have a legal agreement, details matter and words matter. I think we want to have it in a way that protects both sides. I really appreciate what Felicia has shared about the ways that you can get insurance for extreme sports because the insurance serves a really good purpose and if it is available, we should require it so that we protect both the kids and the County as well as the organizers and people who are running this, the Club. I think we need to really do the wording of this agreement carefully to ensure that everything is in good order and works for the good of everyone. Council Chair Rapozo: Councilmember Chock. Councilmember Chock: I am also supportive and excited for you folks to move forward on it. I do have a similar concern about the insurance. Just me building my challenge rope course has a zipline. I had to get four million dollars ($4,000,000) in coverage and that is general aggregate as well. We are talking about—I cannot get just about anything done. I think you will find as an organization, nonprofit, that when you want to get things done, just about any partner, group, or even grants that you write for are going to require some coverage to whatever degree. I think not only for the County's sake, I think we should relook at that and double-check it. There are different kinds of insurances you folks have to be able to look at. Other than that, I think whatever we can do to support you folks moving forward is what I want to do. Mahalo. Council Chair Rapozo: Anyone else? If not, thank you—oh, go ahead, Councilmember Yukimura. Councilmember Yukimura: I just want to urge the County and the people who are preparing the second agreement to look at the racetrack agreement and see how the State handles the various issues between a lessor/lessee or a lessee/licensor because we need to look at and be aware of all of the options that we have because COUNCIL MEETING 79 NOVEMBER 14, 2018 this is not a common agreement and has very unique parts to it that we should try to do the best job in getting an agreement. Council Chair Rapozo: Thank you. Councilmember Yukimura: Thank you. Council Chair Rapozo: Thank you. The liability part, I can understand what the agent or the broker is saying. I just find it kind of awkward that we would not require some kind of coverage. It is going to cripple the organization, obviously, if they get sued. If someone gets sued, it will end the organization because it will drain every single penny. So it is not just for the County's protection, it is also for the organization. We have some time to research that, but it is not a deal-breaker for me. If our broker is saying that the way we proceed, then I guess we have to trust our broker. I have never, ever seen any type of lease agreement or licensing agreement that did not require a policy. We need a motion to defer. Councilmember Chock moved to defer C 2018-252, seconded by Councilmember Yukimura, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. CLAIMS: C 2018-253 Communication (10/19/2018) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Farmers Insurance, as subrogee of Loreto Pacol, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. C 2018-254 Communication (10/29/2018) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Lana Papke, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. C 2018-255 Communication (10/29/2018) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Donna Kanahele, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. (Councilmember Brun was noted as not present.) Councilmember Kagawa moved to refer C 2018-253, C 2018-254, and C 2018-255 to the Office of the County Attorney for disposition and/or report back to the Council, seconded by Councilmember Yukimura. Council Chair Rapozo: Thank you. Is there any public testimony or discussion? There being no objections, the rules were suspended to take public testimony. COUNCIL MEETING 80 NOVEMBER 14, 2018 There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to refer C 2018-253, C 2018-254, and C 2018-255 to the Office of the County Attorney for disposition and/or report back to the Council was then put, and unanimously carried (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Brun was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Rapozo: Motion carried. Next item, please. RESOLUTION: Resolution No. 2018-37 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Dean A. Pigao): Councilmember Kagawa moved for adoption of Resolution No. 2018-37, seconded by Councilmember Yukimura. Council Chair Rapozo: Thank you. Is there 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: Council Chair Rapozo: Seeing none, roll call. The motion for adoption of Resolution No. 2018-37 was then put, and carried by the following vote: FOR ADOPTION: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL — 7*, AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0, RECUSED & NOT VOTING: None TOTAL — 0. (*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Brun was noted as silent (not present), but shall be recorded as an affirmative for the motion). Ms. Fountain-Tanigawa: Seven (7) ayes. Council Chair Rapozo: Next item. Proposed Draft Bill (No. 2727) —A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2018-842, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2018 THROUGH JUNE 30, 2019, BY REVISING THE AMOUNTS COUNCIL MEETING 81 NOVEMBER 14, 2018 ESTIMATED IN THE BOND FUND (Various Wastewater Improvements - $1,000,000.00): Councilmember Yukimura moved for passage of Proposed Draft Bill (No. 2727) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 19, 2018, and referred to the Budget & Finance Committee, seconded by Councilmember Kagawa. Council Chair Rapozo: Is there 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: Council Chair Rapozo: Seeing none, roll call. The motion for adoption of Proposed Draft Bill (No. 2727) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 19, 2018, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL — 7*, AGAINST PASSAGE: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0, RECUSED & NOT VOTING: None TOTAL — 0. (*Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Brun was noted as silent (not present), but shall be recorded as an affirmative for the motion). Ms. Fountain-Tanigawa: Seven (7) ayes. Proposed Draft Bill (No. 2729) —A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2018-841, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2018 THROUGH JUNE 30, 2019, BY REVISING THE AMOUNTS ESTIMATED IN THE SEWER FUND (Wailua Wastewater Treatment Plant Improvements (Operating Budget) - $530,000.00): Councilmember Yukimura moved for passage of Proposed Draft Bill (No. 2729) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 19, 2018, and referred to the Budget & Finance Committee, seconded by Councilmember Kagawa. (Councilmember Brun was noted as present.) Council Chair Rapozo: Thank you. Is there any discussion or public testimony? There being no objections, the rules were suspended to take public testimony. COUNCIL MEETING 82 NOVEMBER 14, 2018 There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Seeing none, roll call. The motion for adoption of Proposed Draft Bill (No. 2729) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 19, 2018, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL — 7, AGAINST PASSAGE: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0, RECUSED & NOT VOTING: None TOTAL — 0. Ms. Fountain-Tanigawa: Seven (7) ayes. Council Chair Rapozo: Next item. Proposed Draft Bill (No. 2730) —A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2018-842, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2018 THROUGH JUNE 30, 2019, BY REVISING THE AMOUNTS ESTIMATED IN THE SEWER TRUST FUND (Wailua Wastewater Treatment Plant Improvements (CIP Budget) - $530,000.00): Councilmember Yukimura moved for passage of Proposed Draft Bill (No. 2730) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 19, 2018, and referred to the Budget & Finance Committee, seconded by Councilmember Kagawa. Council Chair Rapozo: Thank you. Is there 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: Council Chair Rapozo: Seeing none, roll call. The motion for adoption of Proposed Draft Bill (No. 2730) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 19, 2018, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL — 7, AGAINST PASSAGE: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0, COUNCIL MEETING 83 NOVEMBER 14, 2018 RECUSED & NOT VOTING: None TOTAL — 0. Ms. Fountain-Tanigawa: Seven (7) ayes. Council Chair Rapozo: Thank you. Can we go back to C 2018-241, please? C 2018-241 Communication (10/18/2018) from the Executive on Transportation, requesting Council approval to accept the donation, valued at $23,000.00, of the following items from the existing system provider RouteMatch, to optimize the use of the software to serve the community and continue to develop the tools utilized to effectively and efficiently serve the clients of The Kaua`i Bus: • Onsite Advance Consulting Services (ACG), valued at $14,000; and • Mobile Device Management System (MDM) and associated Data Plan Upgrades, valued at $9,000. Council Chair Rapozo: We did have a motion, correct? Transportation, if you could come up, please? I will suspend the rules. Councilmember Yukimura has some questions. There being no objections, the rules were suspended. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: Good morning Celia and Kalawai`a. CELIA M. MAHIKOA, Executive on Transportation: Good morning. Councilmember Yukimura: Is this related to our route cutting in any way? Ms. Mahikoa: Celia Mahikoa, Executive on Transportation with the Transportation Agency. I supposed indirectly it is. This is directly related to the software that we implemented close to three (3) years ago and narrowing down the tracking of our vehicles and ridership statistics. So indirectly, yes, it does contribute to it. However, it is not part of the contract with the consultants that we have for that purpose. Councilmember Yukimura: Are they donating the consultant services to us? (Councilmember Kagawa was noted as not present.) Ms. Mahikoa: It is primarily training-related and other types of services. Kalawai`a has been instrumental in carrying these actions through and communicating with the vendor, so if you would not mind. Councilmember Yukimura: Okay. Thank you. COUNCIL MEETING 84 NOVEMBER 14, 2018 Ms. Mahikoa: Thank you. JEREMY KALAWAI`A LEE, Program Specialist III: For the record, Kalawai`a Lee, Transportation Agency, Program Specialist III. The vendor RouteMatch is our software provider, like Celia mentioned. They do our computer related dispatching software and our automatic vehicle location, the global position system (GPS) on our vehicles. This engagement with them is an opportunity for us to hear directly from their representatives, their subject-matter experts, about how we use their software. Their intent is to come on-site, take a look at our operations, see what our current status is and the use of the software, and suggest to us better ways for us to utilize that platform. So it is really a hands-on learning opportunity for our team to learn from these subject matter experts from their company for us to better serve the public. There is a component that they are offering at also zero ($0) cost, which is a new module of their platform for us, which is the Mobile Device Management System (MDM) service. What that is an opportunity for us as back-of-the-house use of the software, administrative-related folks, to be able to look at how the software is performing from the software server to the tablet function the driver's interface in our vehicles, being able to look at each of those of tablet devices in the vehicles and to ensure that they are performing properly. Part of our issue that we have had in this implementation and roll out is data cell service here on the island. There are gaps. When we drive around, we find that there are cellular gaps, so this is an opportunity for us to look at some of the metrics that are being delivered from the tablet back to the back-of-the-house server and see where we have issues where we can make adjustments in those tablet functions to better serve the community with their software. (Councilmember Kagawa was noted as present.) Mr. Lee: As part of that, we need to increase our data plan service, which is they are also going to be funding in perpetuity for our use. That was a deliverable that one of our team members, Tamara Duterte, was able to successfully negotiate with their Chief Executive Officer (CEO) and bring to our community. So they are, at zero ($0) cost, helping our Agency increase our data plan to be able to roll out this new technology for our team and on top of that, they are coming on-site to help us do that roll out of the hardware and then training our team. Councilmember Yukimura: Do we have a license fee that we pay them every year for? We do? Mr. Lee: Yes. Councilmember Yukimura: Are you folks in coordination with Information Technology (IT) about this? Mr. Lee: Yes. We consult with IT on all new technology improvements as per the County rules. Councilmember Yukimura: And the data gaps, what do you call those? COUNCIL MEETING 85 NOVEMBER 14, 2018 Mr. Lee: They are tablets in the vehicle. Councilmember Yukimura: Tablets. They are collecting data all the time and there are gaps in the collection. Is that what you are saying? Mr. Lee: No. The software system has a backup redundancy where it will store and then forward it once their connection is restored. But we all know as we are moving across the island, there are areas where our personal cell phones do not necessarily catch the best reception. Councilmember Yukimura: Right. Mr. Lee: The tablet technology runs off of the same cell towers that our cell phones do, so as a result, there are, at times, where we have a temporary loss of connectivity between the back-of-the-house server and the tablets. We always want to maintain as much communication as possible with all of our operations at all times, and that was one of the tools that we tried to use to be able to do that. Councilmember Yukimura: So it is more of a matter of communication than it is of data collection? Mr. Lee: The new technology tool that they are willing to give us at zero ($0) cost, the MDM tool, is more of a back-of-the-house method for us in the Administration to be able to see in real-time what is happening out with the tablets. It gives us the ability to address issues in a timelier manner with them instead of having to get a report from the driver, having the vehicle return to base, and then have to physically put hands-on the device. This allows us in the Administration to be able to better utilizing our time and resources. Councilmember Yukimura: Okay. Thank you very much. Council Chair Rapozo: Thank you. Are there any other questions for the Administration? If not, thank you very much. Ms. Parker. Pahe`e Street. Ms. Parker: Alice Parker, for the record. Yes, I warned them. This software sounds very important because I know riding from Lihu`e to Kilauea on the bus, very frequently, there is outage and sometimes there is a medical emergency. When there is a power outage, they cannot get through. Yes, later on they will know about it. But right then, they do more power to those tablets. The other thing is okay, this is great, but where is the money for a Pahe`e Street bus stop? I know I got a massive volume from Council Chair Rapozo reinforcing my memory as to what has happened. I must revert to my French ancestry, Becky Beaupre. As Queen Marie Antoinette said, "Let them eat cake." Okay, the new shelter proposal for Pahe`e Street is like cake, but us peasants need a crumb of bread. We just need a sign so we can step off the bus and go to Urgent Care or other places there. Later on, we would be delighted to eat cake with the gorgeous new shelter. Thank you. COUNCIL MEETING 86 NOVEMBER 14, 2018 Council Chair Rapozo: Thank you. 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: Is there any further discussion? The motion is to approve. The motion to approve C 2018-241 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item is the Executive Session. EXECUTIVE SESSION: ES-970 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf of the Council, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing, discussion and consultation regarding the Quarterly Report on Pending and Denied Claims. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item: Councilmember Yukimura moved to convene in Executive Session for ES-970, seconded by Councilmember Brun. Council Chair Rapozo: Is there 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: Council Chair Rapozo: Seeing none, roll call. The motion to convene in Executive Session for ES-970 was then put, and carried by the following vote: FOR EXECUTIVE SESSION: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL — 7, AGAINST EXECUTIVE SESSION: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0, RECUSED & NOT VOTING: None TOTAL — 0. Ms. Fountain-Tanigawa: Seven (7) ayes. Council Chair Rapozo: With that, that concludes today's official public part of the agenda. With no objections, we will adjourn. Let us reconvene in Executive Session and then we have the public hearings at 1:30 p.m. COUNCIL MEETING 87 NOVEMBER 14, 2018 ADJOURNMENT. There being no further business, the Council Meeting adjourned at 12:01 p.m. Respectfully submitted, ati JAI ' ;4:0 UNTAIN-TANIGAWA County Clerk :aa