HomeMy WebLinkAbout12/19/2018 Council minutes COUNCIL MEETING
DECEMBER 19, 2018
The Council Meeting of the Council of the County of Kaua`i was called to order
by Council Chair Arryl Kaneshiro at the Council Chambers, 4396 Rice Street,
Suite 201, Lihu`e, Kaua`i, on Wednesday, December 19, 2018 at 8:31 a.m., after which
the following Members answered the call of the roll:
Honorable Arthur Brun
Honorable Mason K. Chock
Honorable Felicia Cowden
Honorable Luke Evslin
Honorable Ross Kagawa
Honorable KipuKai Kuali`i
Honorable Arryl Kaneshiro
APPROVAL OF AGENDA.
Councilmember Brun moved for approval of the agenda as circulated, seconded
by Councilmember Kuali`i.
Council Chair Kaneshiro: Is there anyone in the public wishing to testify
on the agenda?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
The motion for approval of the agenda as circulated was then put, and
unanimously carried.
Council Chair Kaneshiro: Can we go to the Minutes, please?
MINUTES of the following meetings of the Council:
November 14, 2018 Council Meeting
December 3, 2018 Inaugural Meeting
Councilmember Chock moved to approve the Minutes as circulated,
seconded by Councilmember Kuali`i.
Council Chair Kaneshiro: Any public testimony on the meeting
minutes?
There being no objections, the rules were suspended to take public testimony.
COUNCIL MEETING 2 DECEMBER 19, 2018
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
The motion for approval of the Minutes as circulated was then put, and
unanimously carried.
Council Chair Kaneshiro: Clerk, please read the next agenda item.
JADE K. FOUNTAIN-TANIGAWA, County Clerk: We are on the Consent
Calendar.
CONSENT CALENDAR:
C 2019-03 Communication (12/07/2018) from Derek S.K. Kawakami, Mayor,
transmitting for Council consideration and confirmation, the following Mayoral
reappointments to various Boards and Commissions for the County of Kaua`i:
a. Board of Ethics
• Mia R. Shiraishi — Term ending 12/31/2021
b. Charter Review Commission
• Virginia M. Kapali — Term ending 12/31/2021
c. Civil Service Commission
• Fely L. Faulkner — Term ending 12/31/2021
d. Cost Control Commission
• Tyler R. Rodighiero — Term ending 12/31/2021
e. Fire Commission
• Alfredo C. Garces — Term ending 12/31/2021
• Thomas M. Nizo — Term ending 12/31/2021
f. Liquor Control Commission
• William F. Gibson — Term ending 12/31/2021
• Gary A. Pacheco — Term ending 12/31/2021
g. Planning Commission
• Glenda Y. Nogami Streufert (At-Large) — Term
ending 12/31/2021
• Donna A. Apisa (Business) — Term ending
12/31/2021
COUNCIL MEETING 3 DECEMBER 19, 2018
h. Police Commission
• Kevin T. Mince — Term ending 12/31/2021
• Catherine A. Adams — Term ending 12/31/2021
• Mary K. Hertog— Term ending 12/31/2021
C 2019-04 Communication (12/04/2018) from Council Chair Kaneshiro,
transmitting for Council consideration, a Resolution appointing Ross Kagawa as
Kaua`i's representative and Arthur Brun as alternate to the Executive Committee of
the Hawai`i State Association of Counties (HSAC).
Councilmember Chock moved to receive C 2019-03 and C 2019-04 for the
record, seconded by Councilmember Brun.
Council Chair Kaneshiro: Any public testimony on the Consent
Calendar items?
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 Kaneshiro: Any discussion? Councilmember Cowden.
Councilmember Cowden: I just want to say that I went through all of
these reappointments and I felt confident with all of them. I just want that on the
record. Thank you.
Council Chair Kaneshiro: Okay. Any further discussion?
The motion to receive C 2019-03 and C 2019-04 for the record was then put,
and unanimously carried.
Council Chair Kaneshiro: Clerk, could you please read the next item?
COMMUNICATIONS:
C 2019-05 Communication (11/20/2018) from Janine M.Z. Rapozo, Director
of Human Resources, requesting Council approval to indemnify the State of Hawaii,
Department of Education (DOE), for the use of various DOE school cafeterias and
restroom facilities, including, but not limited to the following locations: Elsie H.
Wilcox Elementary School, Kaua`i High School, Chiefess Kamakahelei Middle School,
King Kaumuali`i Elementary School, Waimea High School, and Kapa'a Elementary
School, which will be used by the Department of Human Resources for testing
purposes in calendar year 2019: Councilmember Chock moved to approve C 2019-05,
seconded by Councilmember Brun.
COUNCIL MEETING 4 DECEMBER 19, 2018
Council Chair Kaneshiro: Any questions on this item from the
Members? Anyone in the audience wishing to testify on this?
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 2019-05 was then put, and unanimously carried.
Council Chair Kaneshiro: Next item, please.
C 2019-06 Communication (11/21/2018) from Michael M. Contrades, Acting
Chief of Police, requesting Council approval of a reallocation of $110,000.00 of
unexpended salaries from the budget of the Kaua`i Police Department, for the
procurement of a Rapid DNA analysis system: Councilmember Kuali`i moved to
approve C 2019-06, seconded by Councilmember Brun.
Council Chair Kaneshiro: Any questions on this item from the
Members? Anyone in the audience wishing to testify on this?
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 2019-06 was then put, and unanimously carried.
Council Chair Kaneshiro: Next item, please.
C 2019-07 Communication (11/26/2018) from Kanani Fu, Housing Director,
requesting the Council's approval to perform the following:
a. Acquire under the County's Community Development Block
Grant (CDBG) Program a residential unit at 1332-B Kamalu
Road, Kapa'a Hawai`i, 96746, Tax Map Key (TMK):
(4) 4-4-5-13 CPR 2, for a purchase price of not more than
$549,000.00, based on the fee simple market appraisal, which
will be obtained as part of this transaction;
b. Resale by leasehold of 1332-B Kamalu Road, Kapa'a Hawai`i,
96746, for not more than the leasehold market appraisal,
which will be obtained as part of this transaction; and
c. Authorize the County Clerk to sign legal documents related to
the acquisition and resale transactions.
Councilmember Kuali`i moved to approve C 2019-07, seconded by
Councilmember Brun.
COUNCIL MEETING 5 DECEMBER 19, 2018
Council Chair Kaneshiro: We will take the public testimony now and
recess this item and come back when the Housing Agency comes here.
Ms. Fountain-Tanigawa: You have one (1) registered speaker, Lonnie
Sykos.
There being no objections, the rules were suspended to take public testimony.
LONNIE SYKOS: For the record, my name is Lonnie Sykos. I
am utterly and totally opposed to this. This does not make any sense. The County,
right now, from what I have heard in previous testimony, has a little over four million
dollars ($4,000,000) in a Housing account. We have a housing problem on Kaua`i that
it is the most extreme in the lack of rental housing. How many people are on the list
to purchase a house subsidized by the County right now? The Administration is not
here to answer the question, but my understanding is that it is a couple thousand. In
this plan, we are going to buy a house for four hundred thousand dollars ($400,000),
five hundred thousand dollars ($500,000)—I have a question for the Housing Agency,
which is when the County purchases this house, do we have an inspector to go it and
then do we upgrade the house to bring it up to code? On average, looking back at the
last twenty (20) plus years that the County has been doing this, how much does that
cost? Now, we have got five hundred thousand dollars ($500,000) into the house; we
have fifty thousand dollars ($50,000) or one hundred thousand dollars ($100,000) for
repairs; we are going to sell the house to somebody; and the Administration has been
testifying for at least the last decade that the list has no meaning. The first person,
the second person, and the fifth person on the list is not the one that buys the house;
it is the thirtieth or fortieth person. So this whole program, to have people on a list
to get this subsidized housing—the program is flawed because although people have
to meet some criteria to get on the list, they do not have to continue to meet the
criteria, and this is simply having a list of your assets, a list of your debts, your
income, and all of the stuff that is required to get a loan, needs to be kept up-to-date,
but the County does not require it to be kept up-to-date, so when the house shows up,
a lot of the people on the list are unprepared. Does it make any sense to have a list
that has no meaning in real life? How can the County spend three hundred thousand
dollars ($300,000) subsidizing a house for one (1) family and think you are going to
get ahead with housing? You need to keep this four million dollars ($4,000,000) and
put it into building rental housing. You need to build the most housing you can in
the smallest amount of time to relieve the housing pressure; not buy a subsidized
house for two hundred thousand dollars ($200,000) to three hundred thousand
dollars ($300,000) for one individual. Thank you.
Council Chair Kaneshiro: Thank you. Anyone else in the audience
wishing to testify on this? If not, I will bring up the Housing Agency. The rules are
still suspended. Councilmember Cowden had a question.
Councilmember Cowden: Aloha. Thank you for working on this.
KANANI FU, Housing Director: Good morning.
COUNCIL MEETING 6 DECEMBER 19, 2018
Councilmember Cowden: Kanani, I see that this property is five
hundred forty-nine thousand dollars ($549,000).
Ms. Fu: Yes.
Councilmember Cowden: I looked on the tax map key (TMK) and it
looks like it is a flag lot in Kapahi; is that correct?
STEVE FRANCO, Homebuyer Specialist: Steve Franco, for the record.
Yes, it is a flag lot in Kapahi.
Councilmember Cowden: Okay. I was a little shocked with the price. I
know that houses move for that price, but is this coming out of the Revolving Fund?
Is there already a buyer for that house?
Ms. Fu: Good morning. Kanani Fu, Housing Director.
The Community Development Block Grant (CDBG) program requires the County or
requires the Housing Agency to meet a benchmark. That timeliness is to purchase a
home and then resell it to a family of eighty percent (80%) of area median income or
less. The home has to meet federal sanitary standards, such as lead base and
quality...the price is no issue when we purchase the house. It is the resale that is the
main goal. So the resale has to be affordable for a family, eighty percent (80%). The
money that is utilized to do this purchase comes from the Revolving CDBG Funds,
which are the federal funds. We are not using any county general funds or any state
kind of fund. Under the CDBG program, the pricing is not the goal; it is to obtain the
house and then to resell it to a family. Because Hawai`i has higher market rates than
any other place, this is the kind of home that we purchase. This is an average sale
house, so we are purchasing it to meet that goal. If we want to continue to get this
money from CDBG, that is the benchmark that we make.
Councilmember Cowden: Just for my understanding and for the public's
as well, this Community Development Block Grant is Federal; do we have a certain
amount? What is our overall revolving fund on that Community Development Block
Grant?
Ms. Fu: In this program, there are two areas: one is
programmatic and one is revolving, so moneys that are made off of the programmatic
side, such as loan issuance, fees that come back to the County, goes into the Revolving
Fund, and we are required to use that Revolving Fund to do a home purchase.
Councilmember Cowden: This is that?
Ms. Fu: Yes. So this is the success of the Housing
Agency continuing to program money and do projects, but then to get either equity or
loan fees back, to then reutilize that money to buy a house.
Councilmember Cowden: With this one, it is not pulling out of that four
million dollars ($4,000,000) that we have sitting in our coffers? Mr. Sykos just came
up and asked about that. Is this coming out of that four million dollars ($4,000,000)?
COUNCIL MEETING 7 DECEMBER 19, 2018
Ms. Fu: This home purchase is strictly utilizing CDBG
funds.
Councilmember Cowden: So what would be the price it would sell for?
What is eighty percent (80%) of the median? I would think that is eighty-five
thousand dollars ($85,000).
Ms. Fu: For this particular house, we would price it by
bedroom. We have a formula, so if we utilize currently a five percent (5%) interest
rate at four-bedroom for eighty percent (80%), we can put the home price at about
three hundred twelve thousand dollars ($312,000), give or take. We are going to do
some numbering, but I would say the range of three hundred fifteen thousand
dollars ($315,000) would be the high-end of this home being offered.
Councilmember Cowden: Do we have to do things to bring it up to
standard? Is this house one that would be requiring some rebuild?
Ms. Fu: No.
Councilmember Cowden: Is it already at a standard that we can just
turn around and sell it?
Ms. Fu: With all homes that we buy, we will do an
inspection. We go in and we bring it all up to speed. We are not at the inspection
part yet. This is just the approval to enter. We have to put in an offer and enter into
a contract. We are just on the property visit, but after the approval, we would go in
and perform a full-blown inspection.
Councilmember Cowden: So this would have a subsidy of about two
hundred thirty-seven thousand dollars ($237,000)?
Ms. Fu: Yes.
Councilmember Cowden: When we look at our rental, because we were
just having it—and I am in agreement with the person who spoke—is our extreme
need is in the rental markets. But in the rental market, what I am looking at, what
we invest when we do affordable housing project, it is about three hundred fifty
thousand dollars ($350,000) roughly.
Ms. Fu: Right now, it is four hundred five thousand
dollars ($405,000) on average.
Councilmember Cowden: Four hundred five thousand
dollars ($405,000) is what we are investing in a rental unit?
Ms. Fu: On average, yes.
Councilmember Cowden: So in this case, we are about one hundred
thirty thousand dollars ($130,000)...I have to do my math a little better, but we are
COUNCIL MEETING 8 DECEMBER 19, 2018
more than one hundred thousand dollars ($100,000)...below the investment level.
The difference is that this would be somebody who could purchase versus somebody
who would be in the rental market.
Ms. Fu: On a leasehold. So the subsidy provided is
that two hundred thousand dollars ($200,000) from the CDBG and then when the
homeowner goes out and gets their home loan for the remainder balance, that comes
back into the program. Then we recycle it again and we do it all over the following
year.
Councilmember Cowden: Can that person flip this property? How long
do they have to hold this property before they can sell it at market value?
Ms. Fu: Homes purchased under the CDBG program
are leasehold, 99-year lease; so once the family is in it, they are in it permanently.
Should the homeowner pass away, their immediate dependence can take over the
lease and the mortgage, and should they decide to sell it anytime between the 99-year
lease period, they would be subject to our buyback because it is a leasehold sale.
Councilmember Cowden: We would be buying them back at this
reduced rate, right?
Ms. Fu: Yes.
Councilmember Cowden: We would not be buying them back at
anything close...
Ms. Fu: No, there would be some calculations of equity
involved in that rate, depending on how long they held the home.
Councilmember Cowden: Right. If they paid one hundred thousand
dollars ($100,000)...
Ms. Fu: Yes, but they are not going to make five
hundred thousand dollars ($500,000) off of this three hundred thousand
dollar ($300,000) home, ever.
Councilmember Cowden: Okay, so I am hearing that this is less of a
subsidy, there is a revolving element, and it is creating permanent affordability
effectively. Ninety-nine (99) years is a pretty long time.
Ms. Fu: Yes.
Councilmember Cowden: Okay. Thank you.
Ms. Fu: Thank you.
Council Chair Kaneshiro: Any other questions from the Members?
Councilmember Kagawa.
COUNCIL MEETING 9 DECEMBER 19, 2018
Councilmember Kagawa: Thank you, Chair. I am looking at this
map...it is pretty bad...do we have any maps? Can we put up what the house looks
like now and the location? Even though we are doing it, I agree that the combination
of what we are doing, in addition to other methods of meeting affordable housing is
all needed to try and help address the problem of affordable housing. If it is federal
money or state money, I would like to see what we are buying and what we are
spending it on. The location always helps to understand why the price is five hundred
fifty thousand dollars ($550,000) or whatever it is.
Ms. Fu: Councilmember Kagawa, we are looking at a
property as we go up to Wailua Homesteads on Kamalu Road. So we would head up
there, pass the Wailua grocery store, and take a right into a flag lot.
Councilmember Kagawa: Where is the grocery store?
Ms. Fu: Not the grocery store, but if we head down, it
is the Wailua Country Store.
Councilmember Kagawa: Okay.
Ms. Fu: Right here, the reference would be the Wailua
Country Store, then we are turning right and heading up Kamalu Road into this flag
lot right here.
Mr. Franco: This is Olohena right here. So it is right in
this area.
Councilmember Kagawa: Okay. Do we have a picture of the house?
Ms. Fu: No, but we can transmit it to you.
Councilmember Kagawa: Okay.
Ms. Fu: I do not have it at the moment.
Councilmember Kagawa: Sure. I appreciate that. It is a good
residential location. I kind of almost felt like Councilmember Cowden a little bit that
it is a little high, but I guess it is just the going rate of Kauai. In the old days, five
hundred fifty thousand dollars ($550,000) could get a really nice mansion. Nowadays,
it is just a regular house.
Ms. Fu: Yes. To add to that, we understand that is the
challenge of purchasing these kinds of homes. When we come to the Council, we
recognize that there is this huge subsidy gap that people in the public see, but we
have to take into consideration the market of Kaua`i and this is the real picture. We
also have to take into consideration that the County and how we move is not as quick
as...we are competing with an international market. So when opportunities like this
come on board and you have families willing to work and take a little longer to work
with the County on the sale, I want us to capitalize on these opportunities. Right
COUNCIL MEETING 10 DECEMBER 19, 2018
now, we are looking at homes at six hundred fifty thousand dollars ($650,000), seven
hundred thousand dollars ($700,000), and there are homes in Kekaha that require
rehabilitation. It is our goal to get a family in there by March. Homes like this come
very few that they are post-1978, they have sewer/water connectivity, they pass all of
our federal guidance, and we do not have to put hundreds of thousands of dollars of
rehabilitation work into it. It is the nature of our economy right now and our goal is
to hit that federal benchmark so we can continue to receive that subsidy and that is
what this program is about.
Councilmember Kagawa: Have we looked at trying to get some
foreclosures? Have we ever, in the history as we know, a County agency buying some
foreclosed properties?
Ms. Fu: Yes.
Councilmember Kagawa: We have?
Ms. Fu: We purchase foreclosures properties as well;
however, similarly, we are competing with an international market. So when a buyer
comes to the table with straight cash and can close in ten (10) days versus the County,
it is taking us two (2) weeks just to get into a contract. That is the competition we
face.
Councilmember Kagawa: Thank you.
Ms. Fu: Thank you.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: What is the square footage of the house and
how many bedrooms and bathrooms are there?
Ms. Fu: I do not have the square footage at the time,
so we can get that for you. It is just a four-bedroom and one-and-a-half bath.
Councilmember Cowden: Four (4) bedrooms?
Ms. Fu: Yes.
Councilmember Cowden: So we can get a sizable family in there. I was
just looking if this was a two-bedroom house.
Ms. Fu: No, it is a four-bedroom house.
Councilmember Cowden: Okay.
Council Chair Kaneshiro: Councilmember Kuali`i.
COUNCIL MEETING 11 DECEMBER 19, 2018
Councilmember Kuali`i: Aloha. Good morning. I might have missed
the total earlier, but how much is the total funds available annually for this particular
purpose and program?
Ms. Fu: Good morning, Housing Committee Chair.
That is a tricky question. How much is available—currently in this fund, we have
about eight hundred thousand dollars ($800,000) to nine hundred thousand
dollars ($900,000). It is not an annual allocation. Again, it comes from the reprogram
payments that come in from organizations or projects that have borrowed money
either through the CDBG program or have longstanding loans with us and that fees
come back in to fund this.
Councilmember Kuali`i: These opportunities are relatively rare, so we
want to use the CDBG funds to take advantage of what you were talking about, even
if it is one home at a time.
Ms. Fu: Under this program, because the housing
prices are so high, we are required to do one transaction and that is all. Prior to when
home sales are softer and we are under three hundred thousand dollars ($300,000),
we could actually do two (2). It is meeting the benchmark of purchasing a house and
selling a house. The price is irrelevant to the program.
Councilmember Kuali`i: So meeting that benchmark affects the whole
CDBG program and us continuing to get federal funds?
Ms. Fu: Yes. If we do not purchase the house and get
that price...a line of credit out of our fund by March 29th, we will lose that amount.
It is a timely issue for us.
Councilmember Kuali`i: Okay. Thank you very much.
Ms. Fu: Thank you.
Council Chair Kaneshiro: Any other questions from the Members?
Kanani, as far as priority and families that can get into a house like this, do we have
a list? Is it something they do? How does that work?
Ms. Fu: Thank you. I would like to encourage
everyone who is watching that the County of Kaua`i's Housing Agency has a
homebuyer program and it has a requirement of going through classes and working
with us in the goal of being homeowners. To be in the homebuyer loan program, you
have to be a first-time homeowner and you cannot have any property interest for the
last seven (7) years. When we go through transactions of homes, such as this, they
would come off of our homebuyer list. The homebuyer list is not a lottery; it is based
on a waitlist and that currently has six hundred forty (640) people on it. So what we
do is once the sale approves, we get approval for the sale and contract, we go out and
market the home to the whole list, and based on those people that respond, we then
tier them, prioritize them, and then start qualifying them. That process happens
immediately after we get approval because it could take a family several months to
COUNCIL MEETING 12 DECEMBER 19, 2018
get them there, and because of our Administrative Rules, we have to go one-by-one,
by one.
Council Chair Kaneshiro: Any further questions from the Members?
Councilmember Kagawa.
Councilmember Kagawa: I have a picture right here; is it this blue
house, kind of brand-new looking?
Mr. Franco: Yes, it is newly built.
Councilmember Kagawa: Okay. So brand new that nobody has lived in
yet?
Mr. Franco: No, nobody has lived there yet.
Councilmember Kagawa: Okay. We are buying a new house and it looks
pretty nice, a straight-up simple house. You can pull it up if you Google it. Thank
you.
Council Chair Kaneshiro: Thank you. Is there anyone in the audience
wishing to testify on this? Seeing none, any final discussion from the Members?
There being no objections, the meeting was called back to order, and proceeded
as follows:
The motion to approve C 2019-07 was then put, and unanimously carried.
Council Chair Kaneshiro: Next item.
C 2019-08 Communication (11/28/2018) from Leonard A. Rapozo, Jr., then
Director of Parks and Recreation, requesting Council approval of an Adopt-A-Park
Agreement with Halau Ka Lei Mokihana o Leina`ala, for the stewardship of a 1.182
acre parcel in Hanapepe, Kaua`i, Tax Map Key (TMK) (4) 1-8-008:063:
Councilmember Kuali`i moved to approve C 2019-08, seconded by Councilmember
Brun.
Council Chair Kaneshiro: It has been brought to our attention that the
Administration is going to ask for a deferral on this. They realize that there are
groups out there that want to meet and talk about it before moving forward on this.
I will bring the Administration up to say a little something on it. With that, I will
suspend the rules. We are not going to know when it is going to be deferred to because
they are going to coordinate as far as getting the groups together and meeting. So as
far as it coming back up here, it is going to depend on once everybody has had the
discussion. If they are ready to move it forward and bring it back up here then it will
come up here. If nobody can get into agreement and they do not want to do it then it
may never come back up to Council. It all depends on the discussion. We will have
public testimony right after they have had a chance to speak.
COUNCIL MEETING 13 DECEMBER 19, 2018
There being no objections, the rules were suspended.
LEINAALA PAVAO JARDIN: For the record, I am Kumu Hula Leina`ala
Pavao Jardin of Halau Ka Lei Mokihana 0 Leina`ala. Just a little bit of history, our
halau has been in operation for...I have been practicing for twenty-three (23) years.
We have about two hundred (200) students here on Kaua`i, more than half of my
students are Native Hawaiian. I have been studying the hula and all that is
Hawaiian at a very young age, it has been my life. Our goal in our halau is to
perpetuate not only the hula, but anything and everything that is Hawaiian, and we
do it with the greatest of intentions and with aloha. I was invited by the last
Administration and offered a stewardship opportunity for a piece of property, a very
specific piece of property, near the Salt Pond area. In no way, shape, or form did they
ever mention the salt beds to me—I would immediately say "no" because that is not
my place. I grew up down there, going to the beach very, very often. Kalaheo people
like to refer to Salt Pond as their "backyard," so we grew up down there, but never
ever, and I want to make that clear...this was just brought to my attention, this
hearing today, not too long...I would say yesterday or maybe the day before in the
afternoon so this hearing was a huge surprise to me. My intention—and that is what
I want to share with all the `ohana behind me is that for those that know Leina`ala
Pavao Jardin and know what I am and what I stand for knows that I would never,
ever do anything to hurt our Hawaiian people. When we have disasters on our island,
our halau is the first to stand up to kokua. From Polihale to Ha`ena, we are the first
ones to stand up to kokua and help. For the last twenty-four (24) hours, myself, my
name, and our halau has been slandered tremendously through Facebook and social
media, but I truly believe that it is because of misinformation. I know a lot of people
who are sitting behind me and I call them `ohana because some of their own children
dance for me and are my students. It is just misinformation. I really, really believe
that my first intention, and I shared this with Mayor Carvalho at the time, was to
meet with everyone down there and talk story. Uncle Tom Kanahele is in the
mainland right now. His wife dances for me, Alison, and she is one of my haumana.
I was eager to sit down and meet with them and barbeque with them and talk story
about how our nonprofit can help. With a nonprofit, you have access to grants; how
could we help in that area? No way, shape, or form, going in and saying, "I am a
konohiki" or anything like that. To hear stuff like that is very hurtful because that
was not the intention of our halau, and obviously, it was the intention of a few people
to bring negativity to what may have been possibly something good. The key point is
that there was a lack of communication within our community and I would like to...I
am hoping that moving forward that there could be better communication. I
understand now that you are going to defer this, but I ask you to listen to the people.
As for our halau, we would not at this point like to proceed with any stewardship. I
would prefer us all listen to the kapuna of that area and listen to the people who
operate the salt beds. But here is where the problem lies—there is pilikia amongst
our own ohana down there. So it is not with the halau, it is not with Kumu Leina`ala;
it is all here. I hope and pray, and I will pule, that you folks can listen to them and
everybody can hui together, the salt makers and the `ohana that is on this property,
that everybody can hui together for the betterment of the larger Hawaiian
community. I really believe that is what everybody wants down there. I wish you all
the best and I ask you to listen to everyone down there and I hope that whatever
happens to this property is a beautiful thing. Our halau will not move forward with
COUNCIL MEETING 14 DECEMBER 19, 2018
any stewardship of the property because I believe that is not pono at this time, but I
know that good will come from this and I just wanted to share my original intentions
with the Council and everyone here today. Mahalo nui for your time and happy
holidays.
PATRICK T. PORTER, Director of Parks and Recreation: Pat Porter, Director
of Parks and Recreation. For the Administration's side, our role going forward would
be to help facilitate those conversations and those meetings. After all of that, we will
revisit it and see if it is something that we want to pursue or not.
Council Chair Kaneshiro: Thank you.
Ms. Pavao Jardin: Mahalo.
Council Chair Kaneshiro: Councilmember Chock.
Councilmember Chock: Thank you, Mr. Chair. Mahalo Kumu for
stepping up. I appreciate your intention and what you are coming for and wanting
to bring people together. I also want to acknowledge the other hui that are here that
represent this area, certainly the pa akai hui and also the watershed hui that have
been there for many years as well. Especially at this time of year, as we move
forward, looking into what it is it could be, this is an opportunity for us. I guess my
question really was about some of what I heard was the intention was to bring these
hui together, rather than for you to take over the area. I just wanted to clarify and
make sure that was the structure of what it is you were wanting to present for the
Adopt-A-Park.
Ms. Pavao Jardin: Thank you. Absolutely, that was my
intention, and just from listening to various people in the community, I honestly
envisioned this parcel of property being like a piko: a center, a piece of education for
that area. If you listen to a lot of people, and I see it with my own eyes because I am
down there a lot on the beach, many, many of our visitors and locals alike go down to
the salt beds and they are not educated. They do not know what they are doing. They
throw rubbish and it is sad. One of the ideas I had was to bring everybody together
to come up with almost like a cultural education piece, partner up with `Ele`ele
Elementary School and the local schools in the area and use that facility to educate
our keiki, because we have to. It is a beautiful area. That was solely my intention.
When I first went down there to visit, it was overgrown and I basically...it was like,
"Wow, what is this?" But overtime, Uncle Tom has done some amazing, amazing
work and I acknowledged that to the Administration, that they have done beautiful
work down there and that is why I was hoping to meet with Uncle Tom and ask how
can the halau partner up with him to create some of those...maybe bring some of his
visions to fruition as well.
Councilmember Chock: Pat, I am sorry that you inherited this
kuleana. By the way, welcome to the party. Obviously, like was said, some have
pilikia that I think needs to be worked through and I think what I am hearing is that
what we are going to do is bring all of the stakeholders together and talk it through
and see what we can come up with, because if we move down a different road, I think
COUNCIL MEETING 15 DECEMBER 19, 2018
the community stands to lose out ultimately. Everyone has a choice here, but I would
ask that the leaders in this room, especially the kapuna who have to take that role
that you might be able to convene that path to make sure that happens.
Mr. Porter: For sure.
Councilmember Chock: Mahalo. Thank you, Chair.
Council Chair Kaneshiro: Welcome to your first two (2) weeks at the
County, Pat. Councilmember Cowden.
Councilmember Cowden: I want to first thank you for having an open
heart to be hearing the concerns, and what I am hearing that warms my heart is the
intention to have shared kuleana. It also makes me feel very good to hear Tom
Kanahele and crew being acknowledged because seeing the difference in the park
over time and we have so few spaces. It is like I wish that little 1.18 acre could be
much, much larger. I just want to acknowledge that and we have another situation
on the other side of the island in the same type of situation with stewardship
agreements that maybe we can utilize this with our brand-new Parks Director-
welcome—is to be coming up with a way to be inclusive from the onset, because when
someone does have the courage to stand forward and raise their hand, and I know
also an element of challenge is that creates an acknowledgment to the government
that not everybody sees as legitimate. Sometimes one person will stand forward and
then we have work on how we not tear that person apart, but how we work together
and create it so that it is a fair situation and everyone is included. We have this
opportunity to make sure that it is not taken out of Hawaiian hands, but done in a
way that is pono. I am happy to hear the deferral and I am also really looking forward
to hearing the testimony of everybody and I appreciate the heart space that is looking
for unity.
Council Chair Kaneshiro: Any other questions for the Administration on
this? Actually, the request is going to be to receive this for the record. A deferral
needs a date, and again, based on their conversation, whether they are going to be up
here again or not, we do not know. It all depends on the discussion with the group,
so I would rather receive it and at the time they are ready to bring it back, if they
ever do bring it back up to the Council, then they can bring it back at that time.
Councilmember Kagawa.
Councilmember Kagawa: We had an issue about removing the boulders
maybe a couple of months ago. We had Tom and some other guys back there attending
and it was about the old Humane Society location and what was going on with that.
They do not even have running water and restroom over there. We talked about some
of that, and then it was brought up that this was coming as well, this plan with Kumu,
and I thank you for all that you do for the island and the west side. It was brought
up to me at that time, around two (2) or three (3) months ago, so I was wondering if
any communication has been made from the Parks or maybe Wally knows with some
of these concerns that were brought up back then until now.
Mr. Porter: I am not too sure.
COUNCIL MEETING 16 DECEMBER 19, 2018
Councilmember Kagawa: Okay. Like Leind'ala said, some of this pilikia
came out, but could have been avoided because it was brought up three (3) months
ago that there was some opposition to what Mayor Carvalho was working on, but they
had not brought it to the Council yet. Then now that we brought it here today...but
I could have told you last week that you should have talked to that side. I think it is
not nice that Leind'ala is getting the heat because she is a good person and her
intentions are all good, all of the culture, and I just think it was unnecessary. Had
you known that you should have talked to Rhoda folks and the people that were here,
because they were concerned about this and that is why I think the Mayor did not
bring it to us earlier because he did not want to pull the trigger because he was not
sure how it would hit. So you are not sure then?
Mr. Porter: No, I am not sure.
Councilmember Kagawa: It is already a touchy situation. I hope all of
you out there agree that we need some kind of fix on the Salt Pond area. It has been
that way...I was born and raised there and I have seen it kind of go downhill. The
salt beds and the protection of the salt bed area is not as clean as it was before. You
have the park and the problem with the homeless and whatever upkeep. It used to
be the number one park before when I was young in the '80s. Now, I do not know
what number it is...I do not think it is even number twenty (20) in Kaua`i. We need
a fix. I think Leind'ala stepped up to try and help with the fix, but now she is saying
that she is willing to be part of the fix. At some point, everybody has to work together
and use the good that everybody can share because the common goal should be that,
"With everybody's good, we can do things with peace and harmony instead of
fighting." I have said that before that at some point, we have to come together and
utilize everybody's strengths and just improve that area. I do not think fighting or
name-calling is going to get us anywhere. I was born and raised in Hanapepe—call
me a "Hanapepe (inaudible)." I was playing for the University of Hawai`i...I bleed
Hanapepe. Let us get it going, Hawaiians and non-Hawaiians. Let us come together
and do it for the future generation. I do not think fighting is going to get us anywhere.
I have not seen that work yet and I have been fighting all my life. Thank you.
Council Chair Kaneshiro: Any other questions? Councilmember Kuali`i.
Councilmember Kuali`i: To Kumu, I just wanted to say mahalo nui loa.
I think the intention is nothing but beautiful and good. We all, as Hawaiians, have
so much kuleana all over this island, so more people need to step forward the way you
and the halau has. I have not been on Facebook or social media for the last couple of
days so I have not seen what people are talking about, but when you talk about
misinformation and lack of communication, it is very sad how that happens and it
happens so easily with social networking. I see this as the County's responsibility
and it is hard now for the new person just stepping in, but clearly the County and the
Department of Parks and Recreation have to do a better job when we initiate any
stewardship agreements across the island of not putting it all on the new person who
is just stepping forward to do that kuleana. The County has a role; it is County
property, right? This is 1.1 acres of County land and that is where the Adolescent
Treatment and Healing Center was being talked about at one time and in the old
days, I guess they called it the "Dog Pound"before the Humane Society. My questions
COUNCIL MEETING 17 DECEMBER 19, 2018
to the County, and maybe you cannot answer it today, but going forward, there is still
going to remain an issue of stewardship there. When I read this agreement, it talked
about there being an indemnity, defend and indemnify and hold-harmless the County
and that this stewardship agreement meant that this person or group that takes on
that has to make sure that the volunteers that participate have health insurance and
is something that specific. Without a stewardship agreement with anyone, any
organization, what is the County's responsibility for that property and what is it with
regard to any kind of right-of-entry? There are still ongoing issues that would remain
and if you cannot answer that today then I would want a follow-up in the future.
Mr. Porter: For sure. We will get to that.
Councilmember Kuali`i: Thank you.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I have one short last question that probably
takes a little bit of research, but I notice on our paperwork here and in some of the
letters that this particular property, it says "Crown" above it. I looked on the tax map
key and I do not see a land claim award number on the tax map key, but if we can
have some legal advice on what the significance is on Crown Lands versus where the
property next to it, it says, "Government." I just want to have a greater
understanding so that we make responsible decisions relative to that distinction.
Thank you.
Council Chair Kaneshiro: Any further questions? If not, thank you. We
will take public testimony. Thank you, Leind'ala. Thank you, Pat. It was your first
time up.
Councilmember Brun: Run, Pat, run. It is not too late to resign, Pat.
Council Chair Kaneshiro: We will take public testimony now. I think
you folks have heard the intention, which is to receive this for the record. We are not
going to move forward on this stewardship agreement. It is going to go back to the
Department of Parks and Recreation and the public to discuss what they want to do
with this and come back at a later time, if there is a plan at a later time to come back
and propose it to us. With that, we will take public testimony. Do we have people
signed up?
Ms. Fountain-Tanigawa: The first registered speaker is Debra
Kekaualua.
Council Chair Kaneshiro: We are going to go down the list first, and
then we will take people after that. You can sign up on the list also. If you have not
already, please silence your phones, too. Debra, I know you know the process already,
but it is three (3) minutes. The light will turn green, turn yellow when you have
thirty (30) seconds, and then turn red when your three (3) minutes is up. If you want,
everyone will get a second three (3) minutes after the first round of people have
spoken. Please state your name for the record.
COUNCIL MEETING 18 DECEMBER 19, 2018
DEBRA KEKAUALUA: Good morning everybody. For the record, my
name is Debra Kekaualua. I wanted to ask a first question, given the printout that
the Council agenda had listed—does anybody know what is hi`uwai? This actually
means that it is a beach process, something that is done at the beach. This property,
this site, this crown land is not near the ocean where this takes place. Also, if you
read The Garden Island newspaper, you know that most of the information in here is
really bass-ackwards. They will have meetings...they have to do with Kaua`i on
Hawai`i Island newspapers. Also, I do not recognize this body and thousands of others
also know that you folks are fake. What you folks did in the very beginning with the
Chair and the Vice Chair was just totally off the wall and totally what I see the United
States is doing to us. You folks have no jurisdiction, neither does the judiciary, and
I do not want to put down Leina`ala, but I feel that she and the halau in general are
at-risk because they are a corporate nonprofit. I have always had issues with
corporate nonprofits, as Councilmember Kuali`i knows, and I think that you need to
back off. The site is Crown Lands and it does not belong to you; it is for everybody.
How are you going to make sure that the insurance coverages are going to be met,
personal insurance and the million dollar insurances, that the Kaua`i Bodyboarding
Association needs to have to be able to do an event? Who is going to be the one that
makes sure that everybody has insurance? Mahalo.
Council Chair Kaneshiro: That is your first three (3) minutes. If you
want to speak again, you will get to go after everybody has had their chance. Next
on the list.
Ms. Fountain-Tanigawa: The next speaker is Rhoda Libre, followed by
Jose Bulatao, Jr.
RHODA LIBRE: Aloha kakahiaka. For the record, my name is
Rhoda Libre and I come from Kaumakani, born and raised there. I represent the
Kaua`i Westside Watershed Council and I will give you a little background on the
Watershed Council—we were conceived and reestablished the "`Aha Na`au
(Inaudible)" traditional protocol in our area in 1989 and that was brought up to me
by our kupuna that has passed already. Then higher education was implemented in
local media by television, radio, and newspaper in 1992. The goal of our Kaua`i
Westside Watershed Council was for everyone in the Kona Moku. Our hands were
always open, welcoming everyone; not only kanaka, but everyone there that lives and
has a love for our aina and love for our culture as well. We have a very unique culture
on the west side of Kaua`i, as you know. The community revised the community
development plan for the County of Kaua`i, which is old, which right now, they are
developing a new plan for that. We did that in 1999, the kupuna did. I only came on
the scene in 1989 when I came home from college and this is where the kupuna came
up to me at Kaua`i Community College (KCC) and said, "You have to come and help
us." It was Ilei Beniamina and then later on, I met Olga Holi, which gave me a lot of
background, and not in the pans...we never spoke of the pans, but we spoke about
ahupua a apau as a complete watershed from mauka to makai, including the air,
including within. It took years of training with them and I followed them. Kalehua
was one of them and we started the...along with Cheryl Lovell-Obatake...I was the
youngest one...I was their intern and I trained with them for many years, also with
COUNCIL MEETING 19 DECEMBER 19, 2018
LaFrance Kapaka with genealogy. In 1999, they forged the community development
plan update in the County's community development plan and it complies to not only
international law, but Hawaiian constitution and it was a 50-year master plan and
we implemented action plan strategies, which take into consideration the air, the soil,
and the water quality. We brought science to define a lot of our cultural sayings, our
mo`olelo, and to give it validity in a modern world and that is where I just came from
college. My ethnobotany, geology, and biology...all of that helped into bringing
validity.
Council Chair Kaneshiro: Rhoda, I am going to have to stop you there.
In all fairness to everyone, everyone will get three (3) minutes, but you can come back
again for your second three (3) minutes.
Ms. Libre: Mahalo.
Ms. Fountain-Tanigawa: Jose Bulatao, Jr., followed by Lyndon
Yamane.
JOSE BULATAO, JR.: Good morning. My name is Jose Bulatao. I
am here to share my mana o about the concern that we have about the stewardship
responsibility for that particular area that we are focused upon at the moment. I
want to speak from the point of view of being a retired speech teacher. In my realm
of expertise, if you will, it is important that we allow ourselves the opportunity to
hear all sides before we pass judgment and I am glad that this Council is taking the
steps of providing us opportunities to present the size of the issue at-hand. Reference
was made to what was said of misinterpretations, miscommunications, so forth and
so on. What we are really dealing with is who is in control and who is in charge?
There is a differentiation between the two: who is in control and who is in charge? It
will take the bodies like this one in a governmental situation to decipher what we
need to go through to make a correct determination in allowing that responsibility to
go forward. It is important to hear all sides for that matter. But let us make it clear
that whoever is in control or whoever is in charge will have the qualifications, will
have the expertise, will have the time, will have the knowledge, and will have the
understanding that there is much to be done, more than what is expected of us in
many situations. It behooves all of us to be very, very careful and judicious about the
way in which we move forward. Thank you very much.
Council Chair Kaneshiro: Thank you.
Ms. Fountain-Tanigawa: Lyndon Yamane, followed by Lonnie Sykos.
LYNDON YAMANE: My name is Lyndon Yamane. I am a resident
of the west side and I also sit on the board of the Westside Watershed Council, as well
for many years. I am very much in support of the Westside Watershed Council. For
Rhoda for being part of the stewardship there and helping out with the clean-up, they
have done a very good job and we have to give credit to who have been there and has
been doing this work for many years. I am in support for the Westside Watershed
Council and we need to listen to the support of our leadership of Rhoda Libre. Thank
you very much.
COUNCIL MEETING 20 DECEMBER 19, 2018
Council Chair Kaneshiro: Thank you.
Ms. Fountain-Tanigawa: Lonnie Sykos, followed by Millicent
Cummings.
Mr. Sykos: For the record, Lonnie Sykos. I have no "dog
in the fight" out there on that property. It is sad that there are "dogs in a fight" about
it all, but it is not the people out there; it is the failure of the Administration to come
up with and articulate what due process is. This whole conversation brings up the
question of "I can generically understand an Adopt-A-Park program." On its face
value, somebody comes to the County and says, "I represent a group of people who
have the resources and the desire to do`x,' `y,' and`z' at a park." So that makes perfect
sense to me. What makes no sense to me whatsoever is for the County government
to be going to groups, saying, "Hey, have responsibility at our parks, have control of
our public park." Whatever it is that they are offering does not seem to align with
the due process of Adopt-A-Park as people come to the County and ask to adopt a
park. The real resolution in this whole thing is that the Administration and the
Department of Parks and Recreation needs to articulate a written policy of how to
handle this. One thing for me to get a group together in my neighborhood and say,
"Hey, can we get permission to repaint the hollow tile buildings at my local park?" It
is another thing to take on a long-term commitment for the maintenance of a park in
whatever form. It is a great idea to adopt a park, but as we have seen, this is what
happens when due process breaks down. I encourage you to encourage the
Administration to come up with a policy that makes sense. Thank you.
Council Chair Kaneshiro: Thank you.
Ms. Fountain-Tanigawa: Millicent Cummings, followed by Vivien
Davenport.
MILLICENT CUMMINGS: My name is Millicent Cummings. I am here
on behalf of the family who has been the konohiki for so long and deserves to remain
so, and the watershed hui who have taken extremely good care of this area. I do not
understand what role you have in choosing anyone outside of those entities for any
purpose whatsoever other than to support them, who have genealogical ties to the
land. I do not feel that you have the jurisdiction in any way, shape, or form to decide
who would come in and take care of a place that is already being looked after. If you
are interested in that land being taken care of in the best possible way, then those
parties should have been contacted before any further discussion took place and
before anyone else got involved in a situation, which would naturally create pilikia
and the waste of a lot of time on all of these people's parts and my part. Especially
for the kupuna, this is very hard on them, so I would be very careful in future
discussions about the fate of this area. It is the whole watershed, like Rhoda was
saying. It is not just this one little, tiny place that we are discussing. So especially
the County having no jurisdiction, no number on the land claim, these are pretty
important issues to deal with before you start to pull other people outside of this area.
I am just saying that my mother's ashes are in that river, my son has koko from many,
many generations ago in Hanapepe Valley so that makes me also have kuleana for
COUNCIL MEETING 21 DECEMBER 19, 2018
this place. As wonderful as the intentions might be of anybody, you might propose to
take care of this area...that is completely secondary to the fact that that never should
have taken place to avoid all of this confusion on the matter. If you are sincere about
wanting to help these areas, which of course we can see that the help is needed, then
help the people who have been trying without being paid for doing anything. They
are the ones who should be supported and they are the ones who should be consulted
before anything happens. This is just my opinion. Thank you very much. Aloha.
Council Chair Kaneshiro: Thank you.
Ms. Fountain-Tanigawa: Vivien Davenport, followed by Jan Weslof.
VIVIEN DAVENPORT: Good morning, my lady and gentlemen. I
have a short letter that I will read and then give you all a copy with some beautiful
photos of all of the work that has been done over there, over the last five (5) years. I
was out of paperclips, so I will give you all one of my clothespins. "Honorable Kaua`i
County Councilmembers, I am speaking today for myself and other community
members about the `Hanapepe Dog Pound,' specifically the proposal to reverse the
Mayor's proclamation, which assigns the Westside Watershed Council a nonprofit as
primary stewards of this site. The old Hanapepe Dog Pound should not be reassigned
under the Adopt-A-Park because it would be detrimental to our community members.
The current dedicated volunteers who rehabilitated this aina remain actively
involved in restoring the native species and conservation landscaping. Five (5) years
ago, Noland Holi, Joe Kamai, Rhoda Libre, Andrew Cabebe, and Vivien Davenport
rolled away a giant stone in front of a six-foot high wall of thorn trees and guinea
grass, which we cleared by hand. We literally bled to malama that abandoned land
that now serves as a place of refuge to the local Hawaiian people, which is now
lovingly cared for by Tom Kanahele and his `ohana. We meant this land to be a place
to preserve konohiki protocols for the aina, the watershed, and the people. Please
honor our vision. Do not make this just another `Polynesian cultural center' for
tourism. Keep it a place of refuge for true kanaka culture and education." Mahalo.
Council Chair Kaneshiro: Next speaker.
Ms. Fountain-Tanigawa: Jan Weslof.
JAN WESLOF: Good morning. My name is Jan Weslof. I
have been helping with the land there off and on, taking out some of the guinea grass,
watering, and just meeting the people that live there. They are just really beautiful
people that are taking care of the land. I believe that you received an E-mail from
Alison Lewis in reference to Tom Kanahele, that gave you all a document. I did make
extra copies of this in case you did not get a chance to read it. The other thing is that
I also have a copy that I will give you of a letter that was written to the old Council,
that sadly to say, was never responded to. There was an issue that took place on
September 5th, where the land was going to be given to the salt hui and there was a
mention that derelict drug addicts are living on the land and it needs to be cleaned
up. Well, within 24-hour notice of this kind of situation, Tom Kanahele and Alison
came here and made a wonderful presentation to the Council, explaining that that
was absolutely not the case, that there was not any kind of drug activity. There was
COUNCIL MEETING 22 DECEMBER 19, 2018
also a mention that she was going to come back to the Council and make a nice
slideshow presentation and invited the Council to come out and view what is
happening, and then while the Council...in between the two Councils, all of a sudden,
this letter gets drafted and their letter was never responded to. So it kind of looks
like a little bit, to the community at least, of shady activity, because you are not
responding to the letter. In the letter, it is asked for the Executive Order of the parcel
number 18008063000, which is Crown Land, according to the Office of Hawaiian
Affairs (OHA), and has it listed as Crown Land, the Executive Order of the State that
gives the County the authority to basically move this land into some other caretaking
abilities. I also wanted to mention that the world is changing. The world is a different
world right now than in the old Council. There is something that happened with the
United Nations making a declaration that the Hawaiian Kingdom...they did
research...I am basically notifying you, putting you on notice to basically research
this yourself, but this is a fact that is happening, is that the United Nations
researched all of the paperwork and...
Council Chair Kaneshiro: Sorry, Jan. That is your three (3) minutes.
You can come back again once everyone has had their chance to speak.
Mr. Weslof: Okay. Thank you.
Council Chair Kaneshiro: Next speaker.
Ms. Fountain-Tanigawa: Ben Nihi, followed by Philip Nemecek.
BEN NIHI: Hi folks. My name is Ben Nihi. My
organization, "Mana Oha," is on the statement that I wrote. A lot of you might know
me through your parents. I know your dad and your mom. My position at that time
was to save Barking Sands. I came and testified to the old Council a long time ago.
We had to get together. The only way that Base was saved was because of politics. I
hate politics. I got involved with it with Turk Tokita. He told me, "Brother, if you
help me, I will help you." I never did politics, but he gave me a job—he gave me
seven (7) precincts to run. How do I do that? I have six hundred (600) members
working at the Base and that is how we did it. We saved that Base; it did not get
shut down and the jobs are still there. The company that is running the place did not
want to help; corporate. The military did not want to help. The local people did it
and saved the Base. We had Inouye come here and finally say, "You are not going to
get your money, you close my Base down." So the Base closed. The Base is there.
The jobs are saved. The people are saved. My point today is what I am doing...the
group here...I have a card from Geneva IV, a protected person card. That is to make
sure that nobody gets arrested. The laws under the human rights gives you those
rights. You are going for your sacred rights. If anyone is interested, look at my
webpage and add "org" on it. You will find out, it is on there. My whole purpose is to
let you know. I am here and I am going to do what I have to do to be sure that the
people are protected. I have cards on Hawai`i Island and the Council there are all
protected persons. I have homeless, like here, at Salt Pond. They have the card and
they have the right. Anyone has the right if they believe that they are doing the right
thing under sacred rights. That is Geneva IV. The articles out there, you do not have
to take my word, just read it. "Occupy Territories"—that is the articles and it covers
COUNCIL MEETING 23 DECEMBER 19, 2018
almost all of us. It is up to you. My whole thing here is to realize that these people
are getting hurt. I hear the misunderstandings and I understand that...it is what we
do from that point on. I want to thank Mr. Bulatao for my speech. We had a lot of
park lessons to go to. I had a good time. He is the one that allowed me to get on the
Dean's List at the college. The grade, for me, is just to be there. I thank you. Talk
to you later.
Council Chair Kaneshiro: Thank you.
Ms. Fountain-Tanigawa: Philip Nemecek, followed by Dear Kanahele.
PHILIP NEMECEK: Good morning. My name is Philip Nemecek.
I am one of the people that work over there at the old "Dog Pound" and am in the
process of providing remediation for the land there, under the guidance of the
Watershed Council. I have a letter here that was written by Keali`i Kanahele and I
want to read part of this to you know: "The land at 3285 Lolokai Road is Hawaiian
Crown Land. The County tax website is incomplete and incorrect in not listing it as
such. If you refer to OHA land maps, it is very clear. As such, it is not under county
jurisdiction and the state does not have constitutional power to convert such
jurisdiction to the county, although they may have unlawfully attempted to do so.
This land is currently lawfully encumbered by kanaka maoli cultural practitioners
who daily tend lo`i kalo and mahi'ai here. This week, the Department of Parks and
Recreation is attempting to move forward on an action, a land stewardship grant,
that will have immediate negative impact on the host culture and the members of the
local community. Kanaka maoli teachers, children, and families use this land every
day as a cultural sanctuary and a teaching sanctuary where children learn Hawaiian
language, kalo tending, and cultural skills from elders without the artificial
constructs and confines of a classroom or interference from tourists and foreigners.
The Department of Parks and Recreation wants to grant stewardship of this already
encumbered and already arduously restored and carefully tended land to a large hula
halau that operates as a business and has hundreds of paying international
customers as far away as Japan. Granting this land stewardship to the halau will
likely result in the current kanaka maoli farmers and cultural practitioners being
harassed and evicted. It would be senseless. I attended a County Council meeting
on September 5th and explained this land is Crown Land, it is encumbered and bring
actively restored, tended, and cared for by kanaka maoli of the Hanapepe area. I also
sent a follow-up E-mail to the entire County Council with detailed photographs of the
hard work of the kanaka maoli that clearly show their deep love for this abused and
ailing land, which has been ruined, as have other Crown Lands, by decades of
unchecked State and County misuse. In the E-mail, as a courtesy, I referred to come
present a slideshow to the Council in the E-mail. I also..."
Council Chair Kaneshiro: Philip, that was your three (3) minutes.
Mr. Nemecek: Thank you.
Council Chair Kaneshiro: We do have that testimony also.
Mr. Nemecek: Yes, Sir.
COUNCIL MEETING 24 DECEMBER 19, 2018
Council Chair Kaneshiro: Next speaker.
Ms. Fountain-Tanigawa: Dear Kanahele, followed by Katherine
Fleischman.
DEAR KANAHELE: Aloha kakahiaka. Mahalo. I am Dear
Kanahele, sister of Tom Kanahele. I am just here on behalf of him. He is in the
mainland. He asked me to be on the aina, so I said, "Me? I have to be on this aina?"
He said, "Well, you are my sister. I know you can do this. You have been doing this
all of your life." I said, "Okay, I will be on this aina every day just because you asked
me." I am still there every day doing what I have to do. I malama his kuleana, this
is his kuleana. He wanted to take this kuleana and because I am the only one that is
here as a family member, as a sister, or another sibling, he chose me to be there. I
am there every day to do whatever is on this aina. It is beautiful. You have to come
and see it. We did a lot of good things. Thank you.
Council Chair Kaneshiro: Thank you.
Ms. Fountain-Tanigawa: Katherine Fleischman.
KATHERINE FLEISCHMAN: My name is Katherine Fleischman and I am a
resident of this so-called "State of Hawai`i" and it is actually the occupied Hawaiian
Kingdom. I am here to support the aina because in my seven (7) years in Hawai`i,
this is the closest thing that I have ever found to what I am looking for to learn about
the true Hawaiian culture. That is a cultural center there. They are freely working
the land, family and community together, making it a safe, drug-free space for people
to be, which is much more than I can say for a lot of public parks and places on this
island that have been overrun. I have seen the land go from covered in guinea grass
to, by everyone's hard work, sweat, and blood for free, become what it is now. There
is a library there with Hawaiian books and Hawaiian cultural information. I hear
that you want to make this a place that represents and supports the Hawaiian culture
and that is exactly what it is doing right now. That is what they are already doing.
You need to watch and see that it is really happening already and the people there
are doing what is needed. I am totally against anyone else taking stewardship in any
way of that land because the people there at the place I know as "The aina" are truly
pono, the best I have ever seen in any land in Hawai`i so far. That is all I have to say.
Thank you.
Council Chair Kaneshiro: With all due respect, let us keep the cheering
down for everybody.
Ms. Fountain-Tanigawa: Next is Laua`e Kanahele, followed by Lance
Kaumuela Gomes.
LAUA`E KANAHELE: Aloha mai olu`olu. Laua e Kanahele. A ole
hiti te (inaudible) te atua. (Inaudible). I have nothing to oppose to. (Inaudible).
Kaumaha ko`u pu'uwai; my heart is broken by how we can choose somebody to take
a "leadership" or "stewardship" to this aina. First of all, it is not a park. It is an
COUNCIL MEETING 25 DECEMBER 19, 2018
aina for all of us. We have to share, not fight. My kuleana on the aina is to make
sure that we have water to water the plants, (inaudible) ka meakanu, and to lawn
mow the yard. I have two (2) mo opuna at the age of two, they are just two-years old.
They come down the aina to kokua is mama. I even have pictures of them pushing
the lawnmower, mowing the lawn of this aina, not a park, an aina. I share this with
them. He kauwa kakou, a he ali`i ka aina. It is our kuleana to malama the aina in
order for our aina to malama us. We have to take care of the chief. The aina is my
chief and I am the servant. He kauwa wau. I am the servant to take care of this
aina. It is not a park, an aina, where all of Hawai`i can come. Hula, oli, haipule, or
whatever it is—this aina is open and it should be open to everyone. It should be.
"Who is going to take the stewardship?" We do not need stewardship. We are all
stewards. All of us. We all are. 'Able no keia ohana, `a ole no keia `ohana, 'able nau,
'able na`u; na kakou apau, it is all ours.
Council Chair Kaneshiro: That is your three (3) minutes. You can come
back again.
Ms. Kanahele: Mahalo.
Council Chair Kaneshiro: Next speaker.
Ms. Fountain-Tanigawa: Lance Kamuela Gomes, followed by Punohu
Kekaualua.
LANCE KAMUELA GOMES: Aloha. Good morning. Lance Kaumuela
Gomes, protected person, Geneva IV, and subject of the Hawaiian Kingdom. All of
this going on is because of denial of rights. You are very liable and have been put on
notice. If you want to relinquish your liability under this illegal occupation, you need
to give the protected persons some of our protected property back, at least for the time
being. I have formal complaints in with the County, Matthew Bracken, and we are
trying to set-up a meeting with the Mayor. He seems like he wants to go for it. Like
I said, this is to relinquish liability. If you folks want to look like the bad guy, all of
these people, all of us, we just want to do the right thing. Like Aunty said, we are
the stewards of the land and we do not need a stewardship agreement from an
illegally occupying power. I am asking you folks here today to do the right thing. Do
you think of yourselves as bad people, because sitting in those seats and representing
what you folks represent and denying the people of our rights is a pretty bad thing, I
would say. I know most of you and I know you are decent human beings. I ask to do
the right thing, acknowledge our rights, Matthew Bracken, bring us to the table, and
relinquish your folks liability, at least most of it for the time being. Mahalo.
Ms. Fountain-Tanigawa: Punohu Kekaualua.
PUNOHU KEKAUALUA: Aloha. My name is Punohu Kekaualua and I
come here today to share a little bit of my mana o. From my understanding, this aina
is on Crown Lands and there are rightful owners to it and I believe that there needs
to be some sort of po`o to control the kino, the head has to control the body. We have
to pick someone and this somebody has already been chosen a long time ago, it has
been in an inventory for years. The Hawaiian Kingdom set it up like that so that if
COUNCIL MEETING 26 DECEMBER 19, 2018
anything, we could turn back to this situation now that we are in and fix the problem.
We need to fix the problem. We know who the true landlords are and because of that,
we need to stick to that and put the true landlords in position to make the stewards,
all of us, come together as one. It is kind of hurtful to see us all going through what
we are going through right now because we are a community and we should all be
working together. What Aunty Leina`ala wants to do, I believe, is awesome, but what
I think we should be doing is not even have a park over there, because a park brings
the tourism...we are washing the pavilions with Clorox and all of that stuff running
off into our salt beds. Oh my God, it is horrible. We need to fix the problem. We do
not need a park over there. What we need is a cultural center. It is already there in
place, but we need to expand it a little bit more and bring in our people so that our
Native Hawaiian practitioners have a place to practice and share. I am all for Aunty
being here and I think it is a good thing, but we need to work together, not try to put
someone else in a different spot and kick everybody else out. It is already there. We
just need to kind of expand with what we have. I believe Leina`ala has some heavy
kuleana that she could provide for this place as well. With the hula that she does
and the 'oh, we can bring our people over there and we can have them educate
themselves on who we are and who we truly are. We need to put the po o in place and
somebody needs to take care of it and it needs to put people in the right positions and
make it all happen properly. My main concern is that we need to acknowledge the
true landowners before anything can really happen and move forward. That is just
my opinion. Thank you for your time. Mahalo.
Council Chair Kaneshiro: Thank you. Next speaker.
Ms. Fountain-Tanigawa: The next speaker is Heiura, followed by
Puanani Rogers.
HEIURA: Aloha. Good morning. My name is Heiura
and I just want to give thanks first and foremost to our Heavenly Father, who gives
us this opportunity today to speak our voices for him to hear, that his righteous
judgment be upon his people and his land. Amen. I feel like a lot of good has already
been said by sisters and brothers who have gone before me, and most of all, I think
that what we are seeing here is that there are actually people who freely and willingly
with their pu'uwai, with their hearts, are there to restore that place and to do
something. I am not from here, but I know that for years it has just been standing
by and nothing has been happening. Surely, whoever is there, it is for a reason and
the works that they have been doing are pretty beautiful and also it has been
involving the ohana. Most of all, I feel like this is really a way perhaps to set a
precedence for the Hawaiian people to get back on their land, for them to set a
community model, because here we are hearing that the Council or whoever wants to
make decisions, but really, do we not want the people of Hawai`i to actually have a
voice and to be given something back? I think we all know how the Hawaiians have
suffered through history and instead of all of these negative news all the time of
"Hawaiians do not have this" or "Hawaiians do not have that" and "this and that
occupation," why do we not try for a chance to just give them what they are asking
for. It is not much. It is just to love their ■ ina and to cultivate the land for the next
generations to come and I really do not think that is a lot to ask for these days. I just
rrii
COUNCIL MEETING 27 DECEMBER 19, 2018
pray for heavenly mercy to be upon us all. Thank you, Jesus, for all that is good.
Amen.
Council Chair Kaneshiro: Thank you.
Ms. Fountain-Tanigawa: Puanani Rogers, followed by Hilton Niau.
PUANANI ROGERS: Mahalo for this opportunity to share my
mana o on this issue, which is very divisive, very kaumaha, and painful to all of us.
This tactic of dividing and conquering has been a tactic that we are very familiar with
in the past hearings and in situations that we have had to protect our cultural values.
Our beliefs and perspectives on how we perceive the ■ ina, our culture, our people's
welfare, and all-inclusive, and not in any way a selfish effort. It is ke Akua's law that
we are to love one another and ourselves. It is also his law that if we harm others,
we will harm ourselves, including your future generations if you make any decisions
that will affect them. I do resent the fact that you may be making decisions for my
children and my grandchildren in the future. You must be very careful that you listen
to the voices of our people. This process is flawed. It has not brought all parties
together to talk about this situation before you make a decision. Please, I ask that
you do table this and bring all parties together, not just the two sides, but all of the
people that live in that area. That is the proper protocol to how you make decisions
on the aina and I ask for your respect to those that have been already doing the work
of stewardship in that area. Listen to the voices of your kapuna, as we do and maybe
they can also guide you in discerning what is true and what is false, and what is good
and what is harmful. I pray that ke Akua will help you to make your decisions and
make a rightful one and that all parties in this situation can be satisfied with your
decision. I think that is all I have to say. Does anyone have any questions? Please
ask.
Council Chair Kaneshiro: Thank you.
Ms. Rogers: I also wanted to add that I am a protected
person as well, and sometimes, if you are not careful, you will make decisions that
will be criminal to our people, to our aina. Mahalo.
Ms. Fountain-Tanigawa: Hilton Niau, followed by Kamali Kali.
HILTON NIAU: Aloha. The issue today is about the aina and
I think what should be pono of your Council today is that Aunty Leina`ala and us
Hawaiians from Ni`ihau that is taking care of the aina, you should give us partial
lands down there. How much acres do we have out there? Do you have any answer?
You should divide this land out for the Hawaiians today. What you should do is give
us the land and let us all be stewards of that land. Aunty can have a partial. I go
and malama the aina as well and I just pray that you make the best decision today
because you can be hurting a lot of Hawaiians today and all we are there for is the
malama the aina, to share heritage, and Kumu can share her heritage as well.
Instead of we fighting, this is what everybody wanted when we got occupied, is for us
to be divided like this. But today, I ask you, Council, to give us all of that land back
there so that we all can be as one. Uncle Joe and crew have been taking care of this
COUNCIL MEETING 28 DECEMBER 19, 2018
aina, the Holi's land, and I ask that you give us the land. That is all you have to do.
We will take care of this land and we will malama the land the way it is today. If you
have a chance, come down to the aina and come to see what we are planting. We
have halo, banana, and everything. It is how we should be living. I do not want to
see this kind of hakaka kind of stuff happening between `ohana when we are all one
and we are all Hawaiians. I wish the best for Aunty Leina`ala and her halau because
they have a lot of mana o about our aina in their 'oh, but and we should all be as one.
I ask today that you make a good decision for the people, for us Hawaiians that are
left that still want to be Hawaiian and live Hawaiian. That is all I have to say.
Mahalo nui.
Council Chair Kaneshiro: Thank you. Next speaker.
Ms. Fountain-Tanigawa: Kamali Kali, followed by Ku'ulei Santos.
KAMALI KALI: Aloha. Kamali Kali. Have you seen the book,
"Who Owns the Crown Lands of Hawai`i?" There is a book out there and there are
our family's name in there of our ahupua a Hanapepe, Kula, all the way to Lawa`i
Kai, all the way up to the hills—Tutu-man, Albert Liholiho Kali, third generation of
Kamehameha V. Tutu-man was the caretaker. He was the konohiki down there.
The family had the respect many, many years. I grew up down there, just like him.
The playground, front yard, swim in the rivers, drift all the way down Hanapepe Bay,
caves, surfed there, and grew up there—I have plenty of mana o. "Stewardship" is a
foreign language to us. "Caretakers" are who we are. Malama all of the land, all of
the water, all of the resources. We have been there for many years. Tutu-lady and
Tutu-man was in the pa akai in the patches and in the lo`i doing it. I have been in
there from my "hanabata" days. I was a small kid, riding my tricycle all the way
down there, throughout the "Dog Pound" and through the Pake Cemetery. There is
a lot of mana o back there. Not everybody know. I used to be with my grandma and
she used to pule in the back there and always used to tell us to stay in the car, but it
is hard to stay in the car when you are a small kid because you are curious. I have a
lot of good memories down there. I do not know what is going on with the halau and
stuff like that, I do not really talk about that kind of stuff...I do not bother, but when
it comes down to this kind of family issues, we all have to look at it differently. Do
not look at is as a foreigner, look at it as blood. Kuleana everybody. That is all we
are, caretakers. Look into that book"Who Owns the Crown Lands of Hawai`i"because
you are going to see Tutu-man's name over there. If you want answers then talk to
us, we are the rightful heirs over there. Aloha.
Council Chair Kaneshiro: Thank you.
Ms. Fountain-Tanigawa: The last registered speaker is Ku'ulei Santos.
KU`ULEI SANTOS: Hi. Ku'ulei Santos, for the record. This is so
hard. First of all, congratulations on your seats. My whole thing, as you all know, I
am a salt maker and very vocal about what I believe to be true and what I believe to
be right for the area. There were words today that were used that hurt a little bit
more than...what is the word...a little bit more than anything else...living in the
area...no infrastructure, no water. We are the lowest entity. Everything that
COUNCIL MEETING 29 DECEMBER 19, 2018
happens in the salt patch flows to us. Everything that happens, the people and the
bad things that they do, from the throwing of the glass bottles—there is not a year
that us salt makers do not get cut by glass...there is never a year. We have the
helicopter company who has moved in and is in full force and is breaking every single
rule that they possibly can in not being good neighbors. We have the County
Department of Parks and Recreation who is not doing a good job at managing the
homeless, living in on one side of the park and living in our salt-making area. Then
we have our waterline that is still not fixed, our sewer line that is still not fixed, and
we have bathrooms that do not work. Where is everyone using the bathroom? Not
in the County park; the County park's restroom is not working and there is no water.
We are talking about all of this stuff, but yet we are not in the right place and salt
makers are being left behind and we are dying and we should be the center. Take
that as you will. I am done.
Council Chair Kaneshiro: Thank you. The motion will be to receive this
for the record and for the community to work on it, whether it will come back to the
Council. That is the end of the list. Is there anyone else that did not sign up want to
speak for the first time?
SANDRA HERNDON: Sandra Herndon, for the record. I got here
late and I did not hear all of the testimony, but I have heard all of the time that I
have been on this island how the kanaka are impacted by decisions that they are not
even included in. It is not right. We are all here because of the kanaka. Those of
you, like me, who perhaps do not have the koko; you have a heart and if you really
want to live aloha, give them the respect and make them part of any decision that
gets made, because it is pono. That is it; it is just pono. I ask that you consider, as
you make your decision, the fact that they have been the kanaka and specifically the
Westside Watershed Council has been taking care of this area for a very long time,
probably without funding, because they love the land. I ask you to please consider
all of those aspects as you make your decision. Mahalo.
Council Chair Kaneshiro: Thank you. Is there anyone else in the
audience that did not speak for a first time or did not sign up want to speak for the
first time? If not, anyone that signed up and wants to speak again, raise your hand.
I will probably try and go down the list again in order. Is there anyone who wants to
speak for a second time? Rhoda.
Ms. Libre: Mahalo. Aloha. In 1999, the kupuna, along
with the Holi ohana and many of the °ohana on the west side, formulated a fifty-year
master plan in implementing action strategies and complying to many of our
Hawaiian Constitution and international laws as well and to remedy our people's
concern and habitat issues from sewage spills...sewage...very important. As you
know, in the past tenure, they have experienced a lot more. Prior to that...Bryan's
one...we experienced it and talked about that, too. Reef and food decline, water, air,
and soil qualities—very important for all life. Socioeconomics...unmanaged
helicopters and plane traffic in that little runway at Puolo Point and the Federal
Aviation Administration (FAA) calls it a "public airport" without management. So
sometimes at night they were flying. A good example was a few days ago and two (2)
weeks before that, we had four (4) days of airplanes and helicopters flying low, doing
COUNCIL MEETING 30 DECEMBER 19, 2018
crazy stunts in the air, right above our people. So that is what the Watershed Council
does is we engage with governmental entities and all other entities and agencies. We
are not an inclusive group, but we represent the whole Kona Moku. Also, their
concerns were overcapacity and invasive species. The Kaua`i Westside Watershed
Council have not only fore-fronted Kaua`i's invasive species, but we funded that, and
when I was in our committees here on Kaua`i bringing funding for the Kaua`i invasive
species, we also do eradication as well and protecting of the native, the endemic, and
the indigenous species. We have participated in countless community events,because
we are part of the community. Government collaborations, higher education
conferences impacted State Hawai`i Revised Statutes (HRS) to bring in `Aha Moku. I
would like to invite you to come over...I implore your goodness, your truth, your
pu'uwai, and your na au to come and see what is really happening. We have been
victimized of slander and cyberbullying, first of all, and we do not appreciate that,
but we understand. Anyway, one more thing, I would like for you to review the
memorandums on Dr. (Inaudible) from the United Nations, the Protected People's
Act, the Hawai`i Constitution, and last but not least, Jennifer Ruggle's case and notice
in the County Council of Hawai`i Island, Moku 0 Keawe. Mahalo nui loa.
Council Chair Kaneshiro: Thank you. Anyone else wising to speak for a
second time?
Ms. Heiura: Aloha. Mahalo nui for that. What just keeps
coming to my heart is what these people who also happens to be our ohana, what
they are actually doing. If we have to start saving the world, first of all, we have to
start with ourselves, from our core, from our family, and extend it to the keiki and
extend it to those in the community who is actually willing and wanting to do so and
surely, there are plenty of young Hawaiian brothers and sisters who need some
guidance these days and I do believe that being in nature, being on the land, gives
you that sense of kuleana to make you feel worth something. Not only that, but also
in terms of cultural practices, because like these days, even if you want to dance, play
music, or do something around the park, then it is "soliciting this and that," but if
you come down to the aina, I, myself do a little bit of cultural Tahitian dancing or
whatever, but it is actually a venue where we can go—artists, kumu, teachers, and
instructors—and be of value to our own family and also to those in the community.
Instead of spending a bunch of money building structures and institutions, saying
that this is a cultural place, you do not need money, you just need aloha and your
pu'uwai to go in there and to show it and share it. That is what being Hawaiian is
all about. It is not about going somewhere, reading about it, or somebody else telling
you what Hawaiian is. This is a Hawaiian right, right there on the aina and surely,
you folks here, have great sympathy with your Hawaiian brothers and sisters in what
they are trying to do. Again, I am pleading to have mercy upon the Hawaiians and
give them this little thing that they are asking for. Like I said, it is not much, it is
not something that is damaging the land, because the way of living Hawaiian is
without all of those things that we need, like electricity and this and that. Hawaiians
do not need that. It is so simple to "live Hawaiian" and this is just such a great
example that I really believe that we could actually be building on it and spreading
it to other areas where other Hawaiians get to malama some aina, because I really
feel that is the whole issue that Hawaiians do not get to malama their aina these
days. Anyway, thank you Jesus. Aloha no.
COUNCIL MEETING 31 DECEMBER 19, 2018
Council Chair Kaneshiro: Thank you. Anyone else wishing to testify for
a second time?
Mr. Kekaualua: Just one last thing that I wanted to expand on
is what Councilmember Kagawa said earlier about having a cultural awareness
program, that we really need one because that is one thing that we lack here in
Hawai`i, which is a cultural awareness program to teach and educate the visitors on
the truth about Hawai`i. If it is in Salt Pond—no, I do not think it should be there
because that place is an extremely sacred location to our people and the salt beds.
Like I said earlier, is just being contaminated by all of the contaminants that they
are using to clean the park. That is not stewardship; that is killing our aina and
killing the reefs. It is all of those chemicals going right into the salt bed, so we are
consuming that stuff. A ole—we have to stop that immediately. That is one thing
that we really need to look at. That cultural awareness program that Councilmember
Kagawa brought up needs to be looked at that, too, but if it has to be at Salt Pond,
then I do not think it should be there. We should plan a better location for that. That
is all I wanted to add into my testimony. Thank you very much.
Council Chair Kaneshiro: Thank you. We will take Jan and Puanani
after him. How many other people want to testify for a second time? In five (5)
minutes, we are going to have to take a ten-minute caption break and then come back,
so I think we could probably get two (2) more people in.
Ms. Rogers: I will be very short. I just wanted to respond
to an issue that I heard where we are not talking about the salt pans in this situation
that it is an area that is mauka, and my manc o is that salt pans and this area...this
area is contiguous to the salt pans. In other words, there is a protocol called "cultural
landscaping" where the whole area is inclusive. Plus, we do not have to form a
cultural space there because it already is a cultural space there, so there is no
contention about that; it is a cultural space already. If you would check the ahupua'a
boundaries of this area and not follow TMKs, because that is man's boundaries, but
follow the actual ancient boundaries of our ahupua a. You may find that the salt pans
and this area is in the same ahupua a, perhaps, even in the same iii. So do not
disregard the fact that it is not at the salt pans because it is connected culturally. I
had one more thing that I wanted to say...I think that is it. Please do look into your
na au and into your hearts and not your brain. Whenever you make decisions, you
have a very, very important position here, because your decisions affect all of us and
I do hope that we will be able to come to a really good conclusion and have all parties,
not just Leina`ala's parties, or not Rhoda's and our kupuna parties, but all of the
people that live there in Hanapepe needs to have a voice in this issue. Mahalo.
Council Chair Kaneshiro: Thank you. Jan, are you going to come up?
Mr. Weslof: I just wanted to finish off what I was saying
about the world changing, that the world has changed. We are living in an age now
where...I have a document here that I will give you...this was written by an
independent researcher of the United Nations and there is just a lot more research
that I ask the Council to do. If you also look at some of the examples of Jennifer
COUNCIL MEETING 32 DECEMBER 19, 2018
Ruggles on the Hawai`i County Council and how she found out about what the United
Nations'research has found and this researcher is saying that the Hawaiian Kingdom
does, in fact, exist and that it is under a form of a very strange occupation by the
United States. I am not trying to say anything that you are doing wrong or anyone
is doing wrong, I am only asking for your clear research because according to Jennifer
Ruggles, she is saying that is not voting on anything because she does not want to be
held personally accountable under war crimes, because if there is an existing
government and the United Nations has declared that, in fact, there is a form of
occupation going on, then I just ask you to look at that. These are some of the
underlying issues of what is going on and just kind of like this land that this aina
here that we are talking about here all day today to kind of just the tip of the iceberg
of what is going on. I ask you to research it more, but I will just give you this one
document from this one independent researcher so you can at least have a starting
point of getting informed about how this world is changing. Thank you.
Council Chair Kaneshiro: Thank you. With that, we do need to take our
ten-minute caption break. When we come back, I know that we have a few more
speakers that still wish to testify. We will take our caption break and come back.
There being no objections, the meeting recessed at 10:29 a.m.
The meeting reconvened at 10:42 a.m., and proceeded as follows:
Council Chair Kaneshiro: We are still on public testimony. Vivien, you
are up.
Ms. Davenport: I wanted to bring up the fact that there is no
running water over there. There has been a lot of accusations that people are making
kukae and stuff in the woods, but they are not. There are put houses at Salt Pond
and everybody who can goes there. In emergencies, the toilets do flush and we have
two (2) large water catchment systems. In an emergency, they do it hurricane style
with putting bucket water in the toilet. I just wanted to address those health issues,
but we would love to have water turned on. It is five thousand dollars ($5,000) for
the thing that you have to buy, the new gadget that people are worried about it being
radioactive. If you want to do something for these incredible, hard-working people,
then you can turn the water on, because currently, all of the watering of the plants is
being done by taking water from the water catchment and hand-carrying it to the
plants that need it. I also wanted to let you know that from the beginning, we have
not used any pesticides there. When we went there, it was infested with wasps and
bees. They were Native Hawaiian bees, the little small ones, so we let them have a
whole room, which they still have and they come and go. The wasps were completely
on all of the ceilings and we did not want to use pesticides of any kind. We
experimented and we killed them all with a mixture of Dawn soap and Lysol. It is an
example of how you can take care of the land without pesticides or herbicides. We
never used Round-Up; we would dig up the weeds and usually by hand in order to not
cause air contamination with fuel and big machines. It really is an example of the
way we need to take care of the aina and water would be nice. Mahalo.
COUNCIL MEETING 33 DECEMBER 19, 2018
Committee Chair Kaneshiro: Thank you. Is there anyone else in the
audience wishing to testify on this? Seeing none, I will call the meeting back to order.
Any final discussion on this item? If not, we will take a motion to receive.
There being no further testimony, the meeting was called back to the order,
and proceeded as follows:
Councilmember Kuali`i withdrew the motion the approve C 2019-08,
Councilmember Brun withdrew the second.
Councilmember Kuali`i moved to receive C 2019-08 for the record, seconded by
Councilmember Brun, and unanimously carried.
Council Chair Kaneshiro: I did get a request that Lonnie Sykos has to
leave by 11:00 a.m., so Jade, can we take Lonnie's two (2) items already and let him
testify? Then we will come back to where we are.
There being no objections, C 2019-11 was taken out of order.
C 2019-11 Communication (12/06/2018) from Robbie Melton, Director of
Economic Development, requesting Council approval to apply for, receive, and expend
funds from the Hawai`i Tourism Authority, in a total amount of$42,049.48, to support
funding for the continuation of coordination of cruise ship greetings at the Nawiliwili
Harbor for Calendar Year 2019, and to indemnify the State of Hawai`i:
Councilmember Kuali`i moved to approve C 2019-11, seconded by Councilmember
Brun.
Council Chair Kaneshiro: With that, I will suspend the rules.
Mr. Sykos.
There being no objections, the rules were suspended to take public testimony.
Mr. Sykos: For the record, Lonnie Sykos. I have a
question about this—are there any County funds that get expended as part of
spending the State's money? No? Okay, good. My other observation is that for the
public, the Administration and the County Council has a kind of confusing set of
policies about the future of Kaua`i. One is that tourism is one of the main drivers of
our economy. The other one is that tourism is directly involved in most of the
problems that we commonly discuss here, like housing. Tourism brings tourists in,
who by definition, are "wealthy." In order to come to Hawai`i, they have to be
relatively wealthy. The Mayor just went to Portugal, ostensibly on an economic
development mission, so the County is now in Europe looking for real estate investors
on Kaua`i, because that is what will occur. You bring the tourists in and they say,
"This is a great deal," and then they invest in real estate on Kaua`i. So what is
problematic is that every time that we promote tourism, we are also promoting the
rest of the problems that we have on the island. I am not opposed to accepting this
money and I am not opposed to expending this money; I simply make the observation
to the Council that when it comes time to talk about affordable housing, when it
COUNCIL MEETING 34 DECEMBER 19, 2018
comes time to talk about economic development that we need to get beyond tourism.
Thank you.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Committee Chair Kaneshiro: Thank you. We will take the next item that
he wanted to speak on also, CR-PWVS 2019-01.
There being no objections, CR-PWVS 2019-01 was taken out of order.
COMMITTEE REPORTS:
PUBLIC WORKS & VETERANS SERVICES COMMITTEE:
A report (No. CR-PWVS 2019-01) submitted by the Public Works & Veterans
Services Committee, recommending that the following be Received for the Record:
"PWPR 2018-09 — Communication (11/02/2018) from Committee Chair
Kagawa, requesting the presence of the Acting County Engineer, to provide a
briefing on the wastewater spill that occurred on November 1, 2018 near the
northern Leho Drive intersection,"
Councilmember Kuali`i moved for approval of the report, seconded by
Councilmember Brun.
Council Chair Rapozo: The rules are suspended. Mr. Sykos.
There being no objections, the rules were suspended to take public testimony.
Mr. Sykos: For the record, Lonnie Sykos. I read in the
newspaper that part of the reason it took so long do the repair was the schematics
that we have for where the plumbing is are inaccurate, and that apparently in the
past, rather than removing portions of the infrastructure, they were simply buried.
My observation to the County Council is the first thing that I would want to know
was the section of piping that they had to replace is what condition was it in, because
that indicates what the rest of the pipe is like? How close are we to needing to replace
the entire line? This whole thing opened up a can of worms that now we need to focus
on where is the money going to come from to do extensive sewage line replacements
which apparently need to be done? Then in prior years' testimony, if I remember
right, the Board of Water Supply had about sixty percent (60%) or seventy
percent (70%) of the money required to do the volume of work that needed to be done
over the next decade. My question is the same thing about the sewage is within our
long-term budgetary forecasting, this incident should open our eyes to our
infrastructures' aging; how much of our sewer lines are going to be need to be replaced
in the next decade? How are we going to pay for it? I simply encourage the Council
to light a fire under the Administration to come up with some real figures. Thank
you.
COUNCIL MEETING 35 DECEMBER 19, 2018
Council Chair Kaneshiro: Thank you, Lonnie. With that, we will go
back to page number 3.
C 2019-09 Communication (12/04/2018) from Ludvina K. Takahashi,
Executive on Aging, requesting Council approval, to accept an in-kind donation
valued at $400.00, from Elena Anderton, Owner of Kaua`i Island Shuttle, for
transportation services for senior volunteers from the west side and Lihu`e to attend
the annual Retired and Senior Volunteer Program (RSVP) recognition luncheon on
December 14, 2018 at the Aqua Kauai Beach Resort: Councilmember Chock moved
to approve C 2019-09 with a thank-you letter to follow, seconded by Councilmember
Brun.
Council Chair Kaneshiro: Are there any questions on this? If not, any
public testimony? Any discussion?
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 2019-09 with a thank-you letter to follow was then
put, and unanimously carried.
C 2019-10 Communication (12/04/2018) from Ludvina K. Takahashi,
Executive on Aging, requesting Council approval to receive and expend a one-time
Criminal History Check (CHC) Surge Augmentation of $500.00 in federal funds,
which are in addition to the annual federal base funding for the Retired and Senior
Volunteer Program (RSVP) 2018: Councilmember Chock moved to approve
C 2019-10, seconded by Councilmember Brun.
Council Chair Kaneshiro: Any questions for the Administration on this
item?
Councilmember Kagawa: Yes.
Council Chair Kaneshiro: Okay, I will suspend the rules.
There being no objections, the rules were suspended.
Councilmember Kagawa: The amount is really small, so my question is
this criminal history check is for the entire staff or something?
DONNA OLIVAS-KAOHI, RSVP Program Cooridnator: Good morning. No,
it is just for the two (2) paid staff the following with the RSVP program, which would
be myself and Grace Delos Reyes, the Program Support Coordinator.
Councilmember Kagawa: Okay. Thank you.
COUNCIL MEETING 36 DECEMBER 19, 2018
Council Chair Kaneshiro: Any further questions? If not, thank you.
Anyone in the audience wishing to testify on this? Seeing none, any final discussion
from the Members?
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
The motion to approve C 2019-10 was then put, and unanimously carried.
Ms. Fountain-Tanigawa: We are on page number 4, C 2019-11.
Council Chair Kaneshiro: We did get the motion on this already to
approve. Any questions on this item? I will suspend the rules. Councilmember
Kagawa.
There being no objections, the rules were suspended.
Councilmember Kagawa: Thank you, Nalani. Is this a new grant or
something that we have done?
NALANI BRUN, Program Administrative Officer: Nalani Brun, Office of
Economic Development. It is not new. It is actually the third year that we are doing
this program.
Councilmember Kagawa: Is it the same amount or higher?
Ms. Brun: It has been going higher. We have asked more
money as we have gone along. It consists of two (2) elements: one is the kapuna
greetings down at the harbor and the other ships are met by just a small group. The
kupuna have asked for different things to help them get through the days down there,
so we have kind of increased the budget to help them. They make flower lei down
there and during a certain period, like now, there are no flowers, so we have kind of
upped the budget to give them a little bit more leeway to get flowers and help them
do that.
Councilmember Kagawa: So this is mainly the senior centers, the
volunteers...
Ms. Brun: Actually, Alu Like Kupuna does this program.
Councilmember Kagawa: Where do they get together and make lei?
Ms. Brun: They have outings, Tuesdays and Thursdays
are their outing days, I believe, and we use them on Thursdays to go to the harbor.
They had lost their location that they were using before and just happened the same
time. I was looking for something to go down to the harbor, so we connect it and now
their outing on Thursdays is to go down there. They have exercise there, they have
their lunch there, they greet people, they play music, and they dance hula. It is great
for them. They love it.
COUNCIL MEETING 37 DECEMBER 19, 2018
Councilmember Kagawa: It sounds like it benefits both sides, it benefits
the greetings of our tourists and then it keeps our seniors and elderly active and it
sounds like fun. We do not pay a dollar for it from the County's money.
Ms. Brun: Yes, it is a great thing.
Councilmember Kagawa: Thank you for the program.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: Her answer just answered my question. I just
wanted to know what happens down there. Since I am in adult services, I am sure I
could ask Shirley Medeiros, but I would love to just come and see it. It would be fun
to have that piece of education.
Ms. Brun: Yes.
Councilmember Cowden: I just wondered what the greeting was, but
you answered that. Thank you.
Ms. Brun: Thank you.
Council Chair Kaneshiro: Councilmember Kuali`i.
Councilmember Kuali`i: I hope I did not miss it, but does this money
also help with transportation to get the kupuna there?
Ms. Brun: Yes. Originally, we use the Kaua`i Bus and
now we got additional money from them so that we could hire a contracted service to
get them down there. It is a little tricky because you have all of these identifications
and TSA requirements to get them in there. The bus service has to pass that.
Councilmember Kuali`i: Thank you.
Council Chair Kaneshiro: Any further questions? If not, thank you,
Nalani.
Ms. Brun: Thank you.
Council Chair Kaneshiro: Is there anyone in the audience wishing to
testify? Seeing none, any final discussion from the Members? Councilmember
Cowden.
Councilmember Cowden: I am really delighted to hear what this money
is used for because it is a "win-win." It is great for the seniors and I just want to make
that comment on what Lonnie had spoken to is that we definitely do need to diversify
our economy, so I am just acknowledging that, but I am fully in support of this.
COUNCIL MEETING 38 DECEMBER 19, 2018
Council Chair Kaneshiro: Anyone else?
There being no objections, the meeting was called back to order, and proceeded
as follows:
The motion to approve C 2019-11 was then put, and unanimously carried.
Council Chair Kaneshiro: Next item, please.
(Councilmember Brun was noted as not present.)
C 2019-12 Communication (12/07/2018) from Kanani Fu, Housing Director,
requesting Council approval to execute the Owner's/Borrower's Affidavit and to
indemnify First American Title Insurance Company for the Lima Ola Workforce
Housing Development in `Ele`ele (Tax Map Key (TMK) 4-2-1-001-054) and to
authorize the County Clerk to sign the First American Title Insurance Company
Owner's/Borrower's Affidavit: Councilmember Kuali`i moved to approve C 2019-12,
seconded by Councilmember Kagawa.
Council Chair Kaneshiro: Any questions on this item? Anyone in the
audience wishing to testify?
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 2019-12 was then put, and carried by a vote of 7:0:0
(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 vote for the motion.).
(Councilmember Brun was noted as present.)
LEGAL DOCUMENT:
C 2019-13 Communication (11/26/2018) from Lyle Tabata, Acting County
Engineer, recommending Council approval of the Department of Hawaiian Home
Lands (DHHL) License No. 824, for a perpetual easement (Easement AU-1) for
roadway purposes along the `Aliomanu Road Repair and Revetment Project.
Indemnification of DHHL is also requested.
• License No. 824 (Tax Map Key (TMK) Fourth Division
(4) 4-8-018:032 (por))
Councilmember Kagawa moved to approve C 2019-13, seconded by
Councilmember Brun.
COUNCIL MEETING 39 DECEMBER 19, 2018
Council Chair Kaneshiro: Any questions on this item? I will suspend
the rules. Councilmember Chock.
There being no objections, the rules were suspended.
Councilmember Chock: Lyle, I know we have had the discussion about
Aliomanu Road and its feasibility in future, given that it has been a troubled area.
My question is about...I could not tell on the map where it might be—is it an inland
easement to move the road further inland? Is this the long-term solution for this
ongoing problem?
LYLE TABATA, Deputy County Engineer: Chair and Members of the
Council, Lyle Tabata, Deputy County Engineer. Good question, Councilmember
Chock. This is a short-term need to be able to move the road slightly inland while
the revetment is repaired and the road reconstructed. For the long-term, we are
looking at options right now. There is no mauka access, except through more
Department of Hawaiian Home Lands (DHHL) land. Further down the road, it is all
private. We also looked at reconnecting the old bridge that was at the end of this
roadway, connecting further...the other side of Aliomanu Road, which has been
costed out at a pretty high cost right now. This is a quick fix for us.
Councilmember Chock: I think when you folks have looked at
projections for that area as we consider sea-level rise as well.
Mr. Tabata: The sea-level rise more recently has been
mounting in challenging the County to look at alternatives. We did look at the
possibility, like I mentioned reconnecting the bridge at the end of this section of the
road. It would be a major Capital Improvement Projects (CIP) project. So the 10-year
horizon does give us time to develop the project and the 50-year horizon, if we were
to look at the 1.1 foot rise versus the 3 foot rise, it paints a different picture so it
depends on which horizon we would want to look at the approach.
Council Chair Kaneshiro: Councilmember Kuali`i.
Councilmember Kuali`i: When you mentioned possibly in the future
reconnecting the old bridge, you said it would be quite costly; do you have an estimate
of that?
Mr. Tabata: I do not have an estimate on me right now.
Councilmember Kuali`i: Okay. This short-term fix...so where the road
now is problematic because of the erosion...is that where the fix is and you are just
taking a little bit of land going inland?
Mr. Tabata: We are going inland so that we can replace the
two-lane section of that roadway.
Councilmember Kuali`i: Do you have an idea of how much you are
talking about?
COUNCIL MEETING 40 DECEMBER 19, 2018
Mr. Tabata: I am sorry, I did not bring that information.
Councilmember Kuali`i: Not the cost, but how much land?
Mr. Tabata: It was in our original packet. I do not have
that with me. It is a very small amount, maybe like five (5) to six (6) feet.
Councilmember Kuali`i: Just to widen the road on the mauka side?
Mr. Tabata: Yes.
Councilmember Kuali`i: Okay. Thank you. •
Council Chair Kaneshiro: Any further questions? Councilmember
Evslin.
Councilmember Evslin: I asked you this earlier, but just for
clarification, you said that you moved the water line already?
Mr. Tabata: The Department of Water has moved the
water line previously. It is mauka of the road.
Councilmember Evslin: That was exposed from erosion so they moved
it?
Mr. Tabata: Yes. What is exposed right now is an
abandoned line.
Councilmember Evslin: Okay.
Mr. Tabata: It is part of the project to remove that section.
Councilmember Evslin: I had a hard time trying to figure out where it
was also from the map provided, but if you go on the State's sea-level rise viewer in
half a foot of sea-level rise looks like twice the width of the current road where the
road is closer to the water, which I assume is where the replacement is going to be.
Mr. Tabata: Right.
Councilmember Evslin: So even half a feet, which is a pretty
short-term horizon, we are in big trouble. That 3.2 feet is like twenty (20) times the
width of the road and that is looking at erosion. I hope there is some type of long-term
solution coming to move that road, rather than just continually inching it up mauka.
Thank you.
Council Chair Kaneshiro: The area that we are getting is two thousand
twenty-eight (2,028) square feet. Any further questions? If not, thank you. Anyone
in the audience wishing to testify? Seeing none, any final discussion on this?
COUNCIL MEETING 41 DECEMBER 19, 2018
There being no objections, the meeting was called back to order, and proceeded
as follows:
The motion to approve C 2019-13 was then put, and unanimously carried.
Council Chair Kaneshiro: Next item, please.
Ms. Fountain-Tanigawa: The next item are Claims.
CLAIMS:
C 2019-14 Communication (11/20/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of Kaua`i by Preston K.
Brede, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of
Kaua`i.
C 2019-15 Communication (11/27/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of Kauai by Sandra Ishii,
for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai.
C 2019-16 Communication (11/30/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of Kaua`i by Geico
Insurance as subrogee for John Rull, for damage to his vehicle, pursuant to Section
23.06, Charter of the County of Kaua`i.
C 2019-17 Communication (12/04/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of Kaua`i by Loreto Pacol,
for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i.
C 2019-18 Communication (12/07/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of Kauai by Eunice M.
Apeles, for damage to her vehicle, pursuant to Section 23.06, Charter of the County
of Kauai.
C 2019-19 Communication (12/10/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of Kaua`i by Daniel G.
Hempey, Esq., for Brandi Sabedra, for personal injury, pursuant to Section 23.06,
Charter of the County of Kauai.
Councilmember Kuali`i moved to refer C 2019-14, C 2019-15, C 2019-16,
C-2019-17, C 2019-18, and C 2019-19 to the Office of the County Attorney for
disposition and/or report back to the Council, seconded by
Councilmember Brun.
Council Chair Kaneshiro: Any public testimony on this item?
Councilmember Cowden, do you have a question?
There being no objections, the rules were suspended to take public testimony.
COUNCIL MEETING 42 DECEMBER 19, 2018
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Councilmember Cowden: This is just in my learning curve, but after the
County Attorney gets it, do we see any kind of referral of what the type of prices are
and the amounts of damages, like number six...I am just kind of curious of that is a
sewage treatment.
Council Chair Kaneshiro: We do get a claims report back and we meet
in Executive Session on it and we actually approve it out here also.
Councilmember Cowden: Okay. Thank you.
Council Chair Kaneshiro: That is after they have had a chance. This is
just getting the claims to them, so they have not even had a chance to look at it yet.
Councilmember Cowden: Okay. At some point, I would want to see it.
Thank you.
Council Chair Kaneshiro: Any other questions?
The motion to refer C 2019-14, C 2019-15, C 2019-16, C-2019-17, C 2019-18,
and C 2019-19 to the Office of the County Attorney for disposition and/or report
back to the Council was then put, and unanimously carried.
Council Chair Kaneshiro: Next item.
Ms. Fountain-Tanigawa: The next item are your Committee Reports,
CR-PWVS 2019-01.
Council Chair Kaneshiro: We have a motion on this to approve already.
Anyone in the audience wishing to testify?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
The motion for approval of the report was then put, and unanimously carried.
Council Chair Kaneshiro: Next item, please.
PLANNING COMMITTEE:
A report (No. CR-PL 2019-01) submitted by the Planning Committee
recommending that the following be Received for the Record:
COUNCIL MEETING 43 DECEMBER 19, 2018
"PL 2019-01 – Communication (12/04/2018) from Committee Chair
Chock, requesting the presence of Ambyr Mokiao-Lee, Rapid `Ohi`a Death
Statewide Outreach Coordinator, Research Corporation of the University of
Hawai`i, to provide a briefing explaining what Rapid `Ohi`a Death is and its
impact on Kaua`i,"
Councilmember Kuali`i moved for approval of the report, seconded by
Councilmember Brun.
Council Chair Kaneshiro: 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 for approval of the report was then put, and unanimously carried.
Council Chair Kaneshiro: Next item, please.
Ms. Fountain-Tanigawa: The next item are your Resolutions.
RESOLUTIONS:
Resolution No. 2019-04 – RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BOARD OF ETHICS (Mia R. Shiraishi):
Councilmember Chock moved for adoption of Resolution No. 2019-04, seconded by
Councilmember Brun.
Council Chair Kaneshiro: Get comfortable because we are going to have
to take a roll call vote on every one. Is there anyone in the audience wishing to testify
on this item?
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:
Councilmember Brun: I have a question—do we need Ellen to come
up and talk about it?
Council Chair Kaneshiro: Are we going to get any questions on any of
these reappointments from the Members? If not, then we will not need Ellen. Please
do not let her leave, and then have a question and make her run back. You are free
to go. Any discussion on this Resolution? If not, roll call vote.
The motion for adoption of Resolution No. 2019-04 was then put, and carried
by the following vote:
COUNCIL MEETING 44 DECEMBER 19, 2018
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-05 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CHARTER REVIEW COMMISSION
(Virginia M. Kapali): Councilmember Kuali`i moved for adoption of Resolution
No. 2019-05, seconded by Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
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 Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-05 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-06 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Fely L. Faulkner):
Councilmember Kuali`i moved for adoption of Resolution No. 2019-06, seconded by
Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
COUNCIL MEETING 45 DECEMBER 19, 2018
Council Chair Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-06 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-07 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE COST CONTROL COMMISSION
(Tyler R. Rodighiero): Councilmember Kuali`i moved for adoption of Resolution
No. 2019-07, seconded by Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
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 Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-07 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-08 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE FIRE COMMISSION (Alfredo C. Garces):
Councilmember Kuali`i moved for adoption of Resolution No. 2019-08, seconded by
Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
COUNCIL MEETING 46 DECEMBER 19, 2018
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 Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-08 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-09 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE FIRE COMMISSION (Thomas M. Nizo):
Councilmember Kuali`i moved for adoption of Resolution No. 2019-09, seconded by
Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
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 Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-09 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-10 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION
COUNCIL MEETING 47 DECEMBER 19, 2018
(William F. Gibson): Councilmember Kuali`i moved for adoption of Resolution
No. 2019-10 seconded by Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
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 Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-10 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-11 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION
(Gary A. Pacheco): Councilmember Kuali`i moved for adoption of Resolution
No. 2019-11, seconded by Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
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 Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-11 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
COUNCIL MEETING 48 DECEMBER 19, 2018
Council Chair Kaneshiro: Next item.
Resolution No. 2019-12 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE PLANNING COMMISSION (Glenda Y. Nogami
Streufert — At-Large): Councilmember Kuali`i moved for adoption of Resolution
No. 2019-12, seconded by Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
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 Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-12 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-13 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE PLANNING COMMISSION (Donna A. Apisa —
Business): Councilmember Kuali`i moved for adoption of Resolution No. 2019-13,
seconded by Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
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 Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-13 was then put, and carried
by the following vote:
COUNCIL MEETING 49 DECEMBER 19, 2018
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-14 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Kevin T. Mince):
Councilmember Kuali`i moved for adoption of Resolution No. 2019-14, seconded by
Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
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 Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-14 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-15 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Catherine A. Adams):
Councilmember Kuali`i moved for adoption of Resolution No. 2019-15, seconded by
Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
There being no objections, the rules were suspended to take public testimony.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
COUNCIL MEETING 50 DECEMBER 19, 2018
Council Chair Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-15 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-16 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Mary K Hertog):
Councilmember Kuali`i moved for adoption of Resolution No. 2019-16, seconded by
Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify?
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 Kaneshiro: If there is no discussion, roll call vote.
The motion for adoption of Resolution No. 2019-16 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2019-17 — RESOLUTION APPOINTING ROSS KAGAWA AS
REPRESENTATIVE AND ARTHUR BRUN AS ALTERNATE TO THE EXECUTIVE
COMMITTEE OF THE HAWAII STATE ASSOCIATION OF COUNTIES:
Councilmember Kuali`i moved for adoption of Resolution No. 2019-17, seconded by
Councilmember Brun.
COUNCIL MEETING 51 DECEMBER 19, 2018
Council Chair Kaneshiro: Any discussion from the Members?
Councilmember Cowden.
Councilmember Cowden: I wanted to say that former Chair Mel Rapozo
helped me to really understand the profound value of the Hawai`i State Association
of Counties (HSAC) and it was through him that I found that I was able to participate
in a few things that really mattered a lot to me. In the role that I play in the
community, there is a significant amount of partnership amongst the neighbor
islands and somewhat O`ahu as well, and very often, this is the place where the
neighbor islands are able to influence state policy in a very, very meaningful way,
particularly by the neighbor islands and O`ahu as well. But some of our policy
statewide is a bit "O`ahu-centric," so this is a really important position for me, so I
am excited to hear from both Councilmember Kagawa and Councilmember Brun
about what you envision doing with this and if other Councilmembers have some
ideas that are important to them, how we can participate?
Council Chair Kaneshiro: We did recently submit our HSAC packet, it
was due at the end of December because the Legislative Session is going to start and
that was voted on by the past Council.
Councilmember Cowden: Yes, I watched that.
Council Chair Kaneshiro: Moving forward, Councilmember Kagawa will
be the one who is there. We take information throughout the entire year of what we
want to put in the package. Councilmember Kagawa, I do not know if you want to
say anything. You have been the alternate for as long as I have been on the Council.
Councilmember Kagawa: Yes, I have been the alternate for
Councilmember Rapozo for the first six (6) years...wait...the first four (4) years,
including the first time I got elected. Fortunately for me, on the first time of election,
I was part of the majority with Councilmembers Furfaro, Nakamura, and Rapozo, so
that maybe was why I was the alternate at such an early age in my political career;
however, that mid-year advantage actually shifted, so Councilmember Rapozo and
myself became on the bottom of a 5-2 majority. Nonetheless, I have been the alternate
for six (6) years now, the last two (2) of which was alternate for Councilmember
Kawakami. I actually wanted to be the HSAC Representative; however,
Councilmember Kawakami came in and he pleaded his case and I told him that I
would stick on as his alternate because what he brought was the significant
experience with the legislature that was undeniable. It was on record that he did
bring a lot of contacts to HSAC and I actually agreed that he would make a good
Kaua`i representative, so I deferred to him. Now, after six (6) years, I feel like I have
waited long enough and I hope that I have the chance to serve and try and pass a lot
of important pieces of legislation, along with my HSAC counterparts to hopefully have
more success than we have had in the past. We have actually been very unsuccessful
in the recent years. Things that we asked for included Tort Liability for our
lifeguards, including getting a better percentage of our Transient Accommodations
Tax (TAT) for our counties. So legislative-wise, we have failed to bring home the
bacon, but you always struggle. When the State is broke and we are broke, it is
always going to be an uphill climb as far as getting more funding towards our County
COUNCIL MEETING 52 DECEMBER 19, 2018
when the State is broke themselves. They are more than thirteen billion dollars
($13,000,000,000) in the hole with unfunded retirement liabilities. It will continue to
be a struggle to get more money, but certainly, we have to keep fighting for what we
feel is our fair share of the tourists dollars, as well as what is fair as far as protecting
our residents and visitors as far as beach safety and other hazards out there. HSAC
has not been successful in the six (6)years that I have been associated as an alternate,
but we continue to fight.
Council Chair Kaneshiro: Councilmember Chock.
Councilmember Chock: I will be supporting these nominations for
HSAC. I just have two requests—I think we have talked about our inability to be
successful at HSAC annually since I have been on the Council, and one of the things
that we talked about last was really for us to go back to the table and ask for more of
a strategic process in how it is we intend to achieve, rather than just throwing these
out every year. Obviously, a big amount of success depends on the relationships we
build there and looking for low-hanging fruit and working together with our state
legislators. That is one of my requests. The other one that I thought was helpful is
we did make a request from HSAC to actually give us a summary of those bills that
we are looking to introduce from each county so that we get a better sense of what
they are prior to voting on them as a body, because it has to go through every single
county before we get vetted. Thank you.
Councilmember Kagawa: Another thing that I thought about attacking
perhaps this year with HSAC is exactly what we had today before us—we had
Hawaiian groups that are willing to put themselves out there, given the State or
County can give them more responsibility to show what they can do in showing the
future as far as what the Hawaiian people need, what they desire, and what they can
do productively. A lot of those decisions actually would be better off from the State.
There is a lot of State land abutting Salt Pond and perhaps HSAC can be the one to
push forth the State DHHL, OHA, and all of those agencies coming forward and using
Salt Pond as an example, with all of this energy from these Hawaiian groups and
perhaps giving all of them a portion to show what can be done. I think that type of
legislation, like Councilmember Chock, that is something that maybe we should be
pushing, instead of...like he said, we are pushing things that are important; of course
we want to keep pushing those, but let us push some things that we can actually win.
I think that is the direction that we need to go. Again, you need all four (4) counties
to agree on everything. For Honolulu, a lot of things are driven by what they do and
what successes and relationships they have. With the rail and everything else out
there, the relationships with many of the legislators is not good. It is hard. It is
almost better if maybe perhaps we are not attached with Honolulu, and just attached
with Maui and Big Island; I think we would probably achieve a little more success.
But it is not that way. Honolulu is with us. We are stuck together and we just have
to pick our battles if we want to be wiser in trying to see how we can help our
constituents with HSAC. Should we fight the same battles or should we pick some
new ones that perhaps we can get more success?
Council Chair Kaneshiro: Councilmember Brun.
COUNCIL MEETING 53 DECEMBER 19, 2018
Councilmember Brun: Thank you. For me as an alternate, I went a
couple of times last year and it is interesting how we move things, and you heard that
our HSAC Package has not been successful. I think we need to move in a new
direction and I am looking forward to working with Councilmember Kagawa to see
what we can do going forward. For my first two (2) years, I did not participate in any
of these things because it is a learning curve so I was still trying to learn the whole
Council thing and that is why I kind of sat out. But this came up and I am willing to
do it and I just think that we can do a lot better. I think the lifeguard one really hurt
and I would like us to move in that kind of direction on stuff that we really need to
accomplish and I look forward to working with Councilmember Kagawa and we have
a good working relationship, so our communication will be good. In case he cannot
make it, I can let him know what is going on. Thank you.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I am going to be supporting this Resolution,
but I also am early in my learning curve of how this process works. As the Committee
Chair for the Public Safety and Human Services Committee, there is a number of
issues that are really important that is really more legislative than county and I have
a number of friends on the other councils. It is my understanding as just a
Councilmember that I could possibly attend some of these meetings. Is that correct?
I would like to be a good contributor in being able to be building some of these ideas
that we would eventually be putting forward for the Hawai`i State Association of
Counties. From early on, sometimes as a person on the other side of the bannister, it
seems like a lot of the HSAC legislative packet comes together towards the end of the
year, so I think building success sometimes happens early. So some of the ideas that
I have, I would like to maybe participate in and be working with you. Are you open
for me working with you?
Councilmember Kagawa: Of course.
Councilmember Cowden: Okay. That is important for me.
Councilmember Brun, what about you?
Councilmember Brun: Yes.
Councilmember Cowden: I think we have a lot of overlap. Thank you
very much.
Council Chair Kaneshiro: The deadline for submissions is September
because we need to route it through all of the counties. I know it is always something
in the back of our head that we know we need to be working on and if we can work on
it earlier, the better. Obviously, the difficulty is that we need to get buy-in from the
entire State, and then we need to get the votes on the House and Senate side, which
is very difficult. It is a very Kaua`i-centric item, it is very difficult for our small
number of legislators to convince everybody to vote for it. That is just some of the
difficulties that we have. With the HSAC Package, we think of things that are like
homeruns, like the Tort Liability on lifeguards, and we still cannot get that passed.
It has been difficult. I know that Councilmember Kagawa has had a lot of experience
COUNCIL MEETING 54 DECEMBER 19, 2018
being there and kind of maneuvering through the system and knowing how to get
what is best for us to get done there. I look forward to us having a good HSAC
Package and we will probably be communicating with the Mayor's side also on our
HSAC Package and hopefully being able to get something powerful going through.
Any further discussion? Councilmember Kagawa.
Councilmember Kagawa: Another thing is that the HSAC meetings for
myself has been very useful as far as myself and Aida do not just use the meeting go
to the HSAC, we have always been very lucky to have our representatives, especially
our Kaua`i Delegation being very open to spend an hour or two with us and update
us. A lot of things may not be out there in print, but Senate President Kouchi is so
bright that a lot of things that he shares really saves us a lot of time. We are thankful
that we have Senate President Kouchi, Morikawa, and Nakamura. That is a valuable
tool for us, which is to utilize that and get knowledge on topics that deal with the
legislature. It is not just HSAC, but it is also doing the lobbying at the State-level as
well. Regarding some of Felicia's ideas, just remember that in HSAC, you want to
push things that benefit the entire State. If it is more Kaua`i-centric then that is
something that we actually want to deal with our Kaua`i Delegation or as individual
Councilmembers on this body where we can do a resolution or whatever that fits
Kaua`i's needs, maybe not per se Honolulu's needs.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I just want to confirm that these are things
that are shared across the islands, most key of which are inclusive of O`ahu.
Council Chair Kaneshiro: For me, I am hopeful. We always talk about
moving forward together. I think we have a great line-up of state representatives
there, including Jimmy, and I think if it is not through an HSAC Package, we will
hopefully be able to get it through a different way and just keep the communication
out there with them and keep the relationships positive and I think we will be able
to move in a forward direction. Any further discussion? Councilmember Kagawa.
Councilmember Kagawa: Sorry, I forgot to mention Jimmy's name. I
did not mean to leave anybody out. They are all very helpful and I think we are just
so fortunate, and you will have the same experience. Our Kaua`i Delegation and their
staff are very open to us visiting them and having a chat about anything out there.
It is not like that really with the other legislators. I will be honest that with the
Kaua`i Delegation, we are really fortunate. They have a lot of power and a lot of
knowledge of what is going on before other people even know. It is really good. They
know how to count the votes.
Council Chair Kaneshiro: I know you did not intend to leave him out, so
I figure I would mention him. We do have public testimony. I will suspend the rules.
Anne.
There being no objections, the rules were suspended to take public testimony.
COUNCIL MEETING 55 DECEMBER 19, 2018
ANNE PUNOHU: Aloha. My name is Anne Punohu. Welcome
to the new Council. Some of you do not know me, but for the rest of you, you know
that I am the furniture that comes along with this room, each and every Council
session for many decades. I will be your thorn in your side and I can also be your best
friend; however, I just want to remind you that you do not sit in the most important
chair in this room—not even you do, Chair, but congratulations and I am glad you
made it in—but I do. This is the chair of the people. We matter first and foremost.
Our opinions are important. We bring to you knowledge, craziness, and crazy
statements. Guess what? As new Councilmembers, you get to sit there and just
listen. Even if you do not like me personally and I am not going to say that I get along
great with you all. We will see how the rest of you go and we will see how you act
when I get up and say whatever I say every time. On this, I have a couple of
statements—we have two (2) individuals: Arthur Brun and Ross Kagawa. You and I
have been at loggerheads with each other on huge issues, public enemy's number one
on the genetically modified organism (GMO) issue...you too, I did not like you much
either...we have not always agreed. I am not holding back any punches this year, it
is on. Since I will be in school for most of the year, I will not be here that much, so I
wanted to just tell you that I want to make sure that we have a crazy political climate
right now. I want to make sure that anybody that goes to our state legislature...I do
not care if you are my own blood...I do not even care if it is me...I will scold my own
self—I just want to make sure that the gains that we have made in this state as a
state that is not prejudiced and not racist, we believe in gay marriage...we voted it
in...we have a lot of liberal ideology in our state and I am a liberal and proud to say
it. I do not want the good gains that we have made in this state to become political
at the state. So although you are my brothers and I am all for you, I am going to say
one thing right now—I will be pleased to send you and support you, as long as you do
not bring our state backwards on our ideas of equality, equity, fairness, taking care
of all of our people, making sure that we have housing, and do not support an agenda
that hurts any of our people. Like I said, I have the most powerful chair in this room
and my chair, when I get up here, I speak for the people that cannot get here. I am
not saying that I speak for anybody all by myself, but I will tell you that for one of
me, there are a bunch of thousands of me out there. I just want to look you both
straight in the eye and say that I am pleased to have you go, but remember what I
am telling you now. God bless you all. Good luck and you have my blessing just on
that alone, but I am going to hold you to it.
Councilmember Brun: We are going to miss you. Have fun at school.
Council Chair Kaneshiro: Anyone else wishing to testify on this? Seeing
none, I will bring this meeting back to order. Any final discussion? If not, roll call
vote.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
The motion for adoption of Resolution No. 2019-17 was then put, and carried
by the following vote:
FOR ADOPTION: Brun, Chock, Cowden, Evslin, Kagawa,
COUNCIL MEETING 56 DECEMBER 19, 2018
Kuali`i, Kaneshiro TOTAL — 7,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: With that, next item.
Ms. Fountain-Tanigawa: The next items are the Executive Sessions.
EXECUTIVE SESSION:
ES-974 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4
and 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County
Attorney requests an Executive Session with the Council, to provide the Council with
a briefing and request for authority to settle at mediation the case of The Hertz
Corporation v. Roselyn Martin, et al., Civil No. 17-1-0137 (Fifth Circuit Court) and
related matters. This briefing and consultation involves consideration of the powers,
duties, privileges, immunities, and/or liabilities of the Council and the County as they
relate to this agenda item.
ES-975 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4
and 92-5(a)(2), (4), and (8), the purpose of this Executive Session is to consider
matters that require confidentiality under state law, to wit, the hiring of a County
Auditor, including interviewing any candidates, and terms and conditions of
employment. The further purpose of this executive session is to meet with the
Council's legal counsel on questions and issues relating to the Council's powers,
duties, privileges and immunities and/or liabilities, claims and/or potential claims, as
such powers, duties, privileges and immunities, and/or liabilities, claims and or
potential claims relate to the foregoing item, and to take such action as the Council
deems appropriate.
Councilmember Chock moved to convene in Executive Session for ES-974 and
ES-975, seconded by Councilmember Brun.
Council Chair Kaneshiro: Anyone in the audience wishing to testify on
this?
There being no objections, the rules were suspended to take public testimony.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Council Chair Kaneshiro: If there is no discussion from the Members,
can I get a roll call vote?
The motion to convene in Executive Session for ES-974 and ES-975 was then
put, and carried by the following vote:
COUNCIL MEETING 57 DECEMBER 19, 2018
FOR EXECUTIVE SESSION: Brun, Chock, Cowden, Evslin,
Kagawa, Kuali`i, Kaneshiro 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 Kaneshiro: That concludes the business of our agenda.
We do have the public hearing at 1:30 p.m. Not seeing or hearing any objections, this
meeting is now adjourned.
ADJOURNMENT.
There being no further business, the Council Meeting adjourned at 11:34 a.m.
Respectfully submitted,
4.6iL---
FOUNTAIN-TANIGAWA
County Clerk
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