HomeMy WebLinkAbout07/31/2024 Council minutes COUNCIL MEETING
JULY 31, 2024
The Council Meeting of the Council of the County of Kaua`i was called to order
by Council Chair Rapozo at the Council Chambers, 4396 Rice Street, Suite 201,
Lihu`e, Kaua`i, on Wednesday, July 31, 2024, at 8:30 a.m., after which the following
Members answered the call of the roll:
Honorable Addison Bulosan (via remote technology)
Honorable Bernard P. Carvalho, Jr.
Honorable Felicia Cowden
Honorable Bill DeCosta
Honorable Ross Kagawa
Honorable KipuKai Kuali`i
Honorable Mel Rapozo
(Note: No one from the public provided oral testimony via the Zoom remote
technology platform on any agenda item.)
Council Chair Rapozo: For the members of the public and those
watching, Councilmember Bulosan is unexpectedly experiencing a disability that
limits or impairs his ability to physically be here today, and he is participating in this
meeting remotely from a location not accessible to the public. Councilmember
Bulosan is connected to all other participating councilmembers and the public by both
visual and audio means. Councilmember Bulosan is located at his home, and no one
is present with him at this time. That is the legal disclosure.
APPROVAL OF AGENDA.
Councilmember Kuali`i moved for approval of the agenda, as circulated,
seconded by Councilmember DeCosta.
Council Chair Rapozo: Is there any discussion or public testimony?
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion for approval of the agenda, as circulated, was then put, and
unanimously carried.
Council Chair Rapozo: The motion is carried. Next item, please.
MINUTES of the following meetings of the Council:
July 10, 2024 Council Meeting
July 10, 2024 Public Hearing re: Bill No. 2923 and Bill No. 2924
COUNCIL MEETING 2 JULY 31, 2024
Councilmember Kuali`i moved to approve the Minutes, as circulated, seconded
by Councilmember Cowden.
JADE K. FOUNTAIN-TANIGAWA, County Clerk: There is one (1) member of
the public wishing to testify.
Council Chair Rapozo: With that, I will suspend the rules. We have
one (1) registered speaker, Ms. Ana MoDes. Just to declare, the items on the agenda
are the minutes, not the items that the minutes were about, so your testimony should
reflect the minutes if there were some inconsistencies or inaccuracies. Go ahead.
There being no objections, the rules were suspended to take public testimony.
ANA MODES: Mahalo, Council Chair. Good morning. My
name is Ana MoDes, and I am speaking on the minutes of July 10, 2024 to address a
matter that was spoken that is inconsistent with my testimony regarding the Housing
Bill. I testified requesting there be an expert invited, Peter Savio, to speak on what
the Bill is and the actual solutions that are possible regarding what the Bill was
proposing. Following to that, there was a testifier that came forward and spoke the
words that they would echo my testimony, and I just want to clearly state for the
record and if we may be on the same page regarding the issues of the Bill, I am not
presently on the same page with the developer that this testifier represents. My
testimony is before this Council, not specifically this body, but the body previous
regarding the emergency situation in Koloa when I came to speak on, and that still
stands. I believe that the developer is detrimental to the community and that the
Hawaiian people have the right to be very upset with what has happened with the
disregard to protocol, the disregard to a proper cultural survey being alleged, and
everything that this testifier represents within that developer representation is not
something that I am aligned with, and I would like to state that for the record.
Council Chair Rapozo: Got that. Thank you.
Ms. MoDes: I appreciate the time. Thank you.
Council Chair Rapozo: Is there anyone else in the audience wishing
to testify? Seeing none.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
The motion to approve the Minutes, as circulated, was then put, and
unanimously carried.
Council Chair Rapozo: Motion carries. Clerk, our next item, please.
COUNCIL MEETING 3 JULY 31, 2024
CONSENT CALENDAR:
C 2024-140 Communication (07/01/2024) from the Director of Finance,
transmitting for Council information, the Fourth Quarter Statement of Equipment
Purchases for Fiscal Year (FY) 2023-2024, pursuant to Section 22 of Ordinance
No. B-2023-891, as amended, relating to the Operating Budget of the County of
Kaua`i for FY 2023-2024.
C 2024-141 Communication (07/05/2024) from the County Engineer,
transmitting for Council information, the Second Quarter Statement of Building
Division Permit Reports for 2024.
C 2024-142 Communication (07/16/2024) from Chris Donahoe, Deputy County
Attorney, transmitting for Council information, the Quarterly Report on Settled Claims
filed against the County of Kaua`i from April 1, 2024 through June 30, 2024.
C 2024-143 Communication (07/17/2024) from the Director of Finance,
transmitting for Council information, the Condition of the County Treasury
Statement quarterly report as of August 7, 2023 and November 8, 2023.
Councilmember Kuali`i moved to receive C 2024-140, C 2024-141, C 2024-142,
and C 2024-143 for the record, seconded by Councilmember DeCosta.
Council Chair Rapozo: Is there anyone in the audience wishing to
testify on the Consent Calendar? Is there any discussion? Councilmember Cowden.
There being no one present to provide testimony, the meeting proceeded as
follows:
Councilmember Cowden: There is an awful lot on there, so I want to
acknowledge that I looked through it and I see Managing Director Reiko Matsuyama
just walked in, and maybe I will talk to you later about this, but I am just saying that
there was a lot there.
Council Chair Rapozo: There was. If there is no further discussion,
the motion is to receive.
The motion to receive C 2024-140, C 2024-141, C 2024-142, and C 2024-143 for
the record was then put, and unanimously carried.
Council Chair Rapozo: Motion carried. Next item, please.
COMMUNICATIONS:
C 2024-144 Communication (07/02/2024) from Council Chair Rapozo, requesting
the presence of the Emergency Management Administrator, to provide a briefing
regarding the status of disaster preparedness entering hurricane season and to provide
any updates relating to the Lahaina recovery efforts.
COUNCIL MEETING 4 JULY 31, 2024
Councilmember Kuali`i moved to receive C 2024-144 for the record, seconded by
Councilmember DeCosta.
Council Chair Rapozo: Councilmember Kagawa.
Councilmember Kagawa: I have a process question.
Council Chair Rapozo: Yes.
Councilmember Kagawa: I would like to request the Council take the
Boys Scouts item first.
Council Chair Rapozo: If there are no objections, I do not have a
problem with that. That would be the retroactive approval for volunteer hours,
C 2024-153.
There being no objections, C 2024-153 was taken out of order.
C 2024-153 Communication (07/19/2024) from the Director of Finance,
requesting Council approval to accept, after the fact, volunteer time of 160 hours for
the Kapa'a Armory Memorial Restoration Project.
Councilmember Kuali`i moved to approve C 2024-153, seconded by
Councilmember DeCosta.
Council Chair Rapozo: Can we have the Director of Finance up?
There being no objections, the rules were suspended.
MICHELLE L. LIZAMA, Director of Finance: Good morning. Michelle
Lizama, Director of Finance. Thank you for putting us to the top of the list. This is
actually an acceptance of donation of volunteer work. A recent graduate of Kapa'a
High School used his Boy Scouts project to restore a memorial at Kapa'a Armory. He
and a group of his volunteers came in and worked a full 8-hour day at the Kapa'a
Armory to restore the memorial. This memorial is actually honoring three (3)
veterans of our island, state, and country. I wanted to bring up the father of
Kamekona Thompson.
Council Chair Rapozo: Bobby sent me some photos, I just did a slide
show, so it will just be running, and you will see the same pictures. There are about
fifty (50) photos that just show our kids out there doing the work. Thank you, Bobby.
BOBBY THOMPSON: For the record, Bobby Thompson, citizen, at
this time. I am a Boy Scout Scoutmaster for Troop 148G, which is the girls troop,
Assistant Scoutmaster for the boys troop, which is where my son is. My son's name is
Kamekona Thompson. He is an eleven-year scout member with the Boy Scouts of
America program. He worked with Johnette Chun, Veterans Center (inaudible) in
starting this project. The project was dedicated to veterans from the Vietnam War. It
was interesting because before he did this project, about a week or two (2) before he
COUNCIL MEETING 5 JULY 31, 2024
was on Moloka`i hunting. While talking with one of the uncles there, he discovered
that he was a Vietnam veteran, and it just sparked him even more when he did this
project. It took him months of planning, not only with verbal communication, but
written. He worked both with the Boy Scouts and the County's Administration to
make sure he had everything that he needed done and done correctly. With the many
volunteer hours, the many volunteers, and the majority of the volunteers were from
the Boy Scouts Troop 148. He had approximately eighty (80) administrative pages of
paperwork that he needed to get done in order to do the project itself to get it
approved. He is waiting for the final review with the Board to get his Eagle Scout
Project approved and to officially receive his Eagle Scout, which is extraordinary. I
do not know if anyone knows how hard it is, but going through the Boy Scouts, it is
rigorous to get your Eagle Scout award. He is working on that. I apologize that he is
not here. He graduated at the end of May and July 1st, he started at Wyo Tech in
Wyoming. He is in a trade school taking up autobody, autobody repair, vinyl
wrapping, etcetera. He has a lot of things going on, but he is there. My son is
seventeen (17) years old, living on his own in a dorm, attending school, in addition to
getting this project done, so very accomplished young man and I am very proud of
him. He will be there for nine (9) to twelve (12) months. If it is okay, I wanted to invite
up two (2) of the scouts who assisted, just to explain what they did.
Council Chair Rapozo: Absolutely.
Mr. Thompson: First is my daughter Ashlei Thompson.
Council Chair Rapozo: I think I saw you, Bobby, in some of the
pictures, too.
Mr. Thompson: Everyone was working.
ASHLEI THOMPSON: My name is Ashlei Thompson. I am
Kamekona and Kekapuloa's sister. I cleaned both the plaques and helped with the
grass, and I painted some of the parking lot.
Council Chair Rapozo: Thank you.
TALEN KOERTE: Hi, my name is Talen Koerte. I am a friend of
Kamekona, and part of the Troop. I helped with repainting the parking lot and some
of the yard work, we had to cut the grass, and used blowers to make sure that the
grass did not go on the paint. That is what I helped out with.
Council Chair Rapozo: Thank you.
Mr. Thompson: He is also an Eagle Scout.
Council Chair Rapozo: You are an Eagle Scout?
Mr. Koerte: Yes.
Council Chair Rapozo: Congratulations.
COUNCIL MEETING 6 JULY 31, 2024
CHRIS LARUSSO: My name is Chris LaRusso. I am the Troop
Leader for Troop 148 Boys. I took over this Troop from Lyle Tabata who gave
twenty (20) years to this Troop, and I wanted to pay respect to him. What is great is
that the scouting program and everything I have learned from him and other leaders,
so for my short period, it helped me grow through the pack and all the way through
the troop, with all three (3) of my boys now in the troop. I also found out that my
wife's uncle was the troop leader in the 1950s for Troop 148 as well, so it is carrying
a family tradition with the boys being a part of it. With this particular project, it is
always great for any of our boys or girls when they do their Eagle Scout project, to
find a project that benefits the community. In this particular way, to give back to the
Kaua`i community, the veterans by restoring and beautifying a great, dedicated
memorial, and paying tribute to Kaua`i by forming the rocks in a formation of Kaua`i
itself. We worked with Talen on his project, we have a couple more projects in the
works, and is something we would like to continue. We appreciate it when the County
recognizes it and allows us to give back to the community through these children. I
am open to any questions you may have for the program or for anything that we do
as well.
Council Chair Rapozo: Thank you so much. Believe it or not, I was
actually in Troop 148, Mr. Osakota was the scout leader, and that was a long time
ago. I did not receive too many badges though.
Mr. Thompson: To clarify, Ashlei has been an scout for about
six (6) years. The Boy Scouts of America transitioned into family scouting and
welcomed the girls in, which helped boost the numbers. It helped to bring a lot of
these girls who were not interested in Girl Scouts into scouting and doing all these
outdoor activities, which is a big deal. I just wanted to make sure you understood that
scouting has changed. We have the girls separated, but they are a part of the same
program, so they come out to help work on the projects also. It is a different program,
so, if you have any kids that are interested, we are always open.
Council Chair Rapozo: Are the girls eligible for Eagle Scout as well?
Mr. Thompson: Yes.
Council Chair Rapozo: Perfect.
Mr. Thompson: They have to go through the same process. It
is challenging, but it is a big accomplishment. A lot of these kids are finally
understanding that as they are getting out into the world and applying for jobs,
people doing the interviews see that they are an Eagle Scout, it shows dedication.
Council Chair Rapozo: Absolutely.
Mr. Thompson: Are there any questions for me?
Council Chair Rapozo: Are there any questions for the scouts or the
Department of Finance?
COUNCIL MEETING 7 JULY 31, 2024
Councilmember Cowden: Just gratitude.
Council Chair Rapozo: Just for the public, any time that the County
receives donations or volunteer hours, the Charter requires it to come through the
Council, so that is why it is here. We also wanted to take the opportunity to recognize
you as well, so, thank you. Can we have the last slide up? The last slide is the before
and after of one (1) part of the project, because they did the parking lot, the plaques,
and the curbs. The before and after of the actual...that is the before. There it is. Is
there anyone in the audience wishing to testify? Ana.
Ms. MoDes: Aloha, Ana MoDes. I might as well speak. I
was not expecting to, but this is just very proud for me as a mom, and I am sure all
of us as members of our community see the efforts and the effect that leaders of the
community step up to really show what it is. Being an Eagle Scout is huge. My son is
a Sea Scout, he is not at that rank, but he is working to get the highest rank in his
scouting. I am just so grateful for the leader that took over for Mr. Tabata, who is a
legacy, and he continues to really have a huge impact on the community. Any girls
and boys out there that want to do this, I strongly urge them to get involved. It is life
transformation. My son...I was just telling Chris, one of the leaders that my son has
repeatedly told me, "Mama, thank you so much for Sea Scouts," and all I can say is
that it is God. I asked God to come in and provide the proper guidance for my son and
for both of my children, to bring joy and fulfil their passions in a way that is beneficial
to all of us around in this community that we are trying to build up together. I believe
that my daughter might be heading in that direction. She was not interested in Girl
Scouts, but Boy Scouts of America is a beautiful program. Thank you for bringing
this to the agenda. Thank you to the Director of Finance for bringing this forward.
Thank you for all of the effort that goes on in helping organizations like this succeed
and expand, so that more members of the community can get involved and transform
their lives. Mahalo.
Council Chair Rapozo: Thank you. Mr. Hart.
BRUCE HART: For the record, Bruce Hart. It builds a sense
of community, does it not?You can feel it. So many different agencies and people have
benefited from this type of heart. I was a scout and I remember doing projects, and it
brings back these good memories of how I became part of the community through
work like this. I commend all scout leaders and the scouts themselves. I encourage
them to keep on doing it. Thank you.
Council Chair Rapozo: Is there anyone else?
There being no further public testimony, the meeting was called back to order,
and proceeded as follows:
Councilmember Kagawa: I want to thank the scouts and the leaders for
the project. At first, I did not figure out that was Kaua`i, but that adds so much
adding the shape of the island. Look at the before and after. There is a lot of work
that went in and just appreciate you folks taking on this project and making that
place nicer and more respectful of what we are trying to accomplish there. For Bobby,
COUNCIL MEETING 8 JULY 31, 2024
thank you for all you do. From refereeing with your sons and giving back to the
community, you are a great police officer, you put in time even with scouting...I mean,
you talk about something extracurricular that will help mold and shape these young
adults into productive adults, scouting is awesome. I just did Cub Scouts, but my
brother-in-law is so good outdoors because of scouting. Scouting taught them how to
appreciate things up Koke`e. Scouting is so wonderful and now you said for six (6)
years, your daughter got to do scouting, it fit her interests, and things that you do. I
have three (3) granddaughters coming up, so I just thank you for sharing that and
hopefully we can see that side grow. As far as for the volunteers, Talen and Ashlei,
thank you so much, and to Kamekona, for taking on the project and showing the
community what our young adults can do and the type of values you show.
Volunteerism is amazing, it is unfortunate that it is not as strong as it used to be
back in the 1970s when everyone was poor, but it is good to know that we still can do
it with the leadership and the great young adults that we have out there that want
to do it, they just need the guidance to do it and the projects to do. Keep it strong and
thank you for leading the young adults and showing them what can be done. Thank
you.
Council Chair Rapozo: Councilmember Cowden.
Councilmember Cowden: I want to echo what Councilmember Kagawa
had to say. Certainly, thanking all of you and when I look at the difference there, the
eye would move past this walking into the building and probably not be inspired to
look at what that memorial is about. I think by doing this beautiful presentation, it
draws the person to look at it. It draws a smile. We had another Eagle Scout project,
Christian did something at the Veterans Center, also, really transforms that area. I
appreciate, too, that we are honoring our people who have given their lives for our
Country. Thank you very much for doing a beautiful job. I love art.
Council Chair Rapozo: Councilmember DeCosta.
Councilmember DeCosta: Very impressive. The thing that got me is
your people who spoke referenced their friend, who is your son. He did not reference
himself. I am impressed that you folks have a "we" attitude. A lot of us like to take
the "I" approach, but you cannot get anything done as an "I" person. It is a "we"
approach. Bobby, I have to tell you, you are a great leader outside of Boy Scouts and
police. You were in a situation, I saw you at a soccer game or a football game, there
was a rowdy young man, you talked to him, probably could have arrested him, but
you did not. Minutes later, the young man came back to the stadium, and I was
observing that situation and the person gave you a handshake and apologized. I
thought how great it is to be a police officer, getting your message across without any
arrest for being disorderly. We know who that person is, Bobby, thank you for that.
Bless you.
Council Chair Rapozo: Councilmember Carvalho.
Councilmember Carvalho: Mahalo, Bobby, for your leadership in the
home, first, and in the community. Just to see your children moving forward—this is
awesome. That is the vision right here, Kaua`i, that just places it in the right
COUNCIL MEETING 9 JULY 31, 2024
direction. I know there is a lot more to come and I know there is leadership within
the household, but outside the household, so continue doing it and inspiring...it is all
about leaderships, standing to the plate, and teaching our young people how to step
up and take the leadership. Mahalo to our leadership and the bigger picture. Good
job.
Councilmember Kuali`i: Congratulations and mahalo nui loa to
Kamekona and to all the volunteers for demonstrating an awesome example and for
being role models to other youth and everyone by doing selfless, generous acts and
giving back to our community. We absolutely need more servant leaders in our
community and I considered all of them, in the Boy Scouts servant leaders, so the
next generation will be in good hands. Often, too, it is the little things that mean the
most. It is really beautiful and meaningful, especially because it is a memorial. The
only other thing I wanted to do is mentioned the twenty (20) names. We did not have
a compiled list, but we have these forms in our paperwork, where each member signed
off: Masao Fontana, Ashley K. Oishi, Orion Ishino, Ashlei Thompson, Chris LaRusso,
Kaidyn Yago, Talen Koerte, Isaiah Konishi, Teri Konishi, Hunter Corpus, Kaylee
Langtad, Michael A. Yoshioka, Caleb Calderon, Roxanne Thompson, Kamekona
Thompson, Joan Cummings, Kekapuloa Thompson, Hunter Langtad, Maddox
LaRusso, and Pheonix LaRusso. Mahalo to all of them.
Council Chair Rapozo: Thank you for doing that, Councilmember
Kuali`i, because there were many volunteers and as Bobby said, there were months
of preparation, and tons of paperwork. I hope Kamekona gets to watch this at some
point on a break in Wyoming. I did want to say thank you to Kamekona, because I
have seen him grow up from a baby and he basically is following dad's footsteps by
being on the field refereeing, he is doing all the things that are not easy for youngsters
to do. When you have to go out there and referee your classmates or your friends, it
is not easy to do. It is much easier when you are a cop or an adult, but when you are
a kid, with your peers and you have to call penalties, that is leadership and amazing.
I just think if the County were to take on this project, how much it would cost and
how long it would take. We appreciate tremendously the scouts that participated and
thank you again for reading the names. Kamekona could not have done it alone, no
one could have done it alone, it is the team, and I appreciate you recognizing them
all. Of course, also, the leadership. This does not happen without scout leadership, so
thank the two (2) of you, especially the moms. I also like to give the credit to the
spouses and the moms, because without them, you folks would not be scouting, you
would not be leading, so I appreciate the families that support you as well. Thank
you again and I appreciate the work.
The motion to approve C 2024-153 was then put, and unanimously carried.
Council Chair Rapozo: With that, let us take a short five-minute
recess for a short photo.
There being no objections, the meeting recessed at 8:57 a.m.
The meeting reconvened at 9:00 a.m., and proceeded as follows:
COUNCIL MEETING 10 JULY 31, 2024
Council Chair Rapozo: Let us go back to C 2024-144, please.
C 2024-144 Communication (07/02/2024) from Council Chair Rapozo, requesting
the presence of the Emergency Management Administrator, to provide a briefing
regarding the status of disaster preparedness entering hurricane season and to provide
any updates relating to the Lahaina recovery efforts.
Councilmember Kuali`i moved to receive C 2024-144 for the record, seconded by
Councilmember Cowden.
Councilmember Kagawa: I have a process question.
Council Chair Rapozo: Councilmember Kagawa.
Councilmember Kagawa: On this item, we are not talking about the
recent fires, correct? It is only about hurricane season.
Council Chair Rapozo: We are talking about hazard mitigation and
fire mitigation.
Councilmember Kagawa: Oh, okay. Thank you.
There being no objections, the rules were suspended.
ELTON S. USHIO, Emergency Management Administrator: Aloha, and
good morning. Elton Ushio, Emergency Management Administrator. Scouts already
left, but I wanted to add, Eagle Scout Troop 1983,Aloha Council, 1985.
SOLOMON KANOHO, EMERGENCY MANAGEMENT(EM)Executive Officer:
Aloha, Council. Solomon Kanoho, Kaua`i Emergency Management Agency (KEMA).
Mr. Ushio: Thank you for inviting us to come today. I am
going to give you a brief presentation, status of disaster preparedness, as we are in the
hurricane season, and some post-Lahaina updates, primarily focusing on things that we
implemented to improve ourselves here on Kaua`i.
Mitigation Highlights. We started the procurement phase of our upcoming
Multi-Hazard Mitigation and Resilience Plan update. It is due in 2026. Our staff is
working with the Purchasing Division on getting that contract for a plan update. We
have also been working with various partners on providing guidance and information
relating to hazard mitigation grant program applications with the Notice of Intent,
meaning their intent to apply, due tomorrow at the close of business, which is 4:30 p.m.,
and that is through the Hawai`i Emergency Management Agency. These are funds that
are offered by the Federal Emergency Management Agency(FEMA), due to the Lahaina
disaster, calculated based on the cost of that disaster. It is a seventy-five percent,
twenty-five percent (75%/25%) split where the federal government pays seventy-five
percent (75%), the applicant, hopeful, awardee has to pay the twenty-five percent (25%)
match. We are continuing our work with RAIN18 mitigation sub-grants, on the
mitigation side, so those are just some highlights.
COUNCIL MEETING 11 JULY 31, 2024
Preparedness Highlights—lots going on.We have been rebuilding and expanding
our team that helps us manage emergencies and large disasters. We had what you
would call "300/400 ICS classes," and the 0-305, which is All-Hazards Incident
Management Team Training, and that happened very recently. In fact, 0-305 partially
overlapped with our helicopter incident.We had multiple outreach events at community
events upon invitation. In fact, our staff went out and did a Disaster Awareness
Training, preparedness training sessions for all the Kaua`i Island Utility
Corporation (KIUC) employees. We worked that out in the past couple months. We
participated in various exercises such as the Department of Energy Clear Path Exercise
associated with post-hurricane, how do we recover in the energy sector. We have been
participating in the FEMA national-level exercise, various components throughout this
year, including (inaudible) hurricane tabletop, report restoration coming up, etcetera.
We also had an annual exercise with military and public safety partners with the 93rd
Civil Support Team, primarily hazmat/WNB type exercise. Our ongoing participation
in the FEMA Planning for Dam Emergencies Collaborative Technical Assistance
Program has brought all of our dam safety partners together. The Department of Land
and Natural Resources (DLNR) took the initiative to apply, DLNR Dam Safety, and
they invited the County of Kauai, KEMA, the Department of Public Works (DPW), and
others to participate, along with private dam owners, State partners, so many of us have
been involved with ongoing educational seminars sessions with FEMA, subject matter
experts from across the country helping us improve dam safety. We are going to have
an exercise next week on that. That will culminate the program delivery. We are on our
second year with the partnership with the Department of Defense, mainly the United
States (U.S.) Air Force National Guard Bureau doing innovative readiness trainings
or IRT missions, just like Tropic Care, same thing, that is IRT. They have come here
and helped us update our plans and do what is called Best Available Refuge Area
or BARA assessments to our various facilities that we use for hurricane, tropical
cyclones shelters.The BARA standard...there is a FEMA standard and City and County
of Honolulu provided us access to a tool that adapts it to Hawai`i, so we have been
applying that. This year is the second year we have been hitting a few additional sites
and some private facilities for potential use in the future as BARA shelters, and then
we are going to be kicking off Emergency Operations Planning Phase 2 in a few weeks.
Of course, there are many ongoing initiatives. We have various grants, but a lot of our
focus has been on the FirstNet migration/Satellite packages.We have helped to enhance
the alternate Emergency Operating Center (EOC) which is the Kaua`i Fire
Department (KFD) headquarters; a lot more things are coming on.
Response Highlights. We are having very active wet season with multiple flash
flood warning events, culminating in our RAIN24 event, which is now a FEMA rated
disaster, DR-4793-HI. Recent highlights—we had a very tragic North Shore helicopter
crash, so KEMA activated the EOC and we helped coordinate multi-agency search and
rescue efforts, all levels of government were in the room, a whole community team, both
in the field and in EOC. We recently had the Koke`e Road/Waimea Canyon Drive fire in
June, followed again by a large fire in Hanapepe/Kaumakani last month. A few days
later, a larger multi-day in Koke`e Road/Waimea Canyon Drive fire.
On the Recovery side, ongoing efforts relating to RAIN24, DR-4793-HI, and other
prior disasters such as our RAIN18, DR-4365-HI.
COUNCIL MEETING 12 JULY 31, 2024
Hurricane Season. Good news is that the National Weather Service predicted
more likely fifty percent (50%) chance of a below normal season, thirty percent (30%)
chance of a near normal season, and twenty percent (20%) chance of above normal
season, so one (1) to four (4) tropical cyclones in the Central Pacific this year. If we look
at Climate Prediction Center (CPC) El Nino, La Nina, and the Southern
Oscillation (ENSO) probabilities everyone fears El Nino. We are now in ENSO-neutral
and the models are showing a strong trend to La Nina, so cooler sea surface
temperatures, hopefully less active hurricane season, particularly in the peak months.
If we look at the correlation between sea surface temperatures and the number of
storms, that is what the historical average shows. Peak months, we are almost to
August, so August and September are the peak months for us. Yes, our prediction for
the Central Pacific is in the high number this year,but it takes one, that is why we have
been focusing on preparedness starting with our people we serve to our partners, our
internal procedures, so many different things, all aspects of preparedness and
improvement, we try to continue this stride.
2024 Central Pacific Hurricane Season Outlook. I have this slide here, but I do
not know how to use it. I wanted to just show you that if you click on the link, it will
give you the current update that shows where the storms may form, or storms have
formed within the last six (6) hours. It reminds us that Eastern Pacific is starting to
wake up and there is some activity already, so if that can pop up just for a second. Yes.
You can see three (3) have formed. There are two (2) areas of low pressure which could
form into storms within the next few days. It is shaded based on percentage of
likelihood.
Post-Lahaina Updates. KEMA and our core partners, KFD, in the aftermath of
Lahaina worked quickly to update our Red Flag Warning readiness posture, meaning
in the past, we would not activate in a Red Flag Warning. We would activate when
requested by the Battalion Chief or the Incident Commander, but after studying what
happened and looking at some of the modeling here, how quickly fires can spread, we
will stand up the EOC partially or even a Red Flag Warning and have it staffed
twenty-four hours seven days a week (24/7). We are right there with systems warned,
ready to issue a public issue if need be. We updated our procedural checklist as well.
Now, KEMA staff get woken up for more reasons at all hours of the day or
night—sorry, at night because we do not sleep in the day. We get the Spillman
notifications thank you to KPD, Chief Ke back there. They added us to the
notifications for any wildfire incident. Staff is notified. We get the email, we can sort
of see if it is something that we need to pay attention to, even before we get a call
from a Fire Caption, dispatch, or the Battalion Chief. We work, and collectively state-
wide, updated a public alert and warning processes and reviewed all technologies in
the aftermath of Lahaina. Practically with the scrutinizes regarding the systems that
were used and what was functional and not functional. KFD wildlife prevention
mitigation efforts in the County, KFD has taken a lead role in that. They did a
contract hire. They have been working on Wildland/Urban Interface Code
Assessment and enforcement. They identified trauma areas, even in the few days
following the Lahaina Fire. All of us at home, holding down the shop while I was
deployed to assist, and they started to work with KFD to engage with private
landowners to fuel reduction, creating defensible space. We even sent Sol and Gary,
both retired Chief-level officers for KFD will now work for KEMA training to help our
COUNCIL MEETING 13 JULY 31, 2024
partners and the public, to make their homes more fire safe against wildlife fires.
Problem areas were identified. We have done our best to address them. We thank the
Administration and the Council for your support. I know additional equipment has
been purchased with this current fiscal year or is being purchased so that they can
do more clearing. All good things. The engagement of the large property owners, all
our collaborative partnerships will continue. We already have had annual meetings
on (inaudible) committee and KFD had a wildland fire mitigation group. Since
Lahaina, we have been much more active with serval meetings taking place over the
several months. Another area that I want to highlight, KEMA assisted KFD with a
quick procurement of a new KFD apparatus. That came in a couple of weeks ago.
That is going to be graphed and at the appropriate time, they will come up with a
press release and have a dedication for that. I forgot what station it will go to, but
you will see that out shortly. Finally, very humbling, we continue to strive to improve
what I think are several recent incidents have tested our staff, our whole community
team, and our efforts, particularly in this area of wildland fires. The Hanapepe and
Kaumakani incident evolved very quickly to where homes were threatened, but
collectively the team, the whole community, all levels of government, private sector
partners, and community members all came together. I think collectively, they say
the "speed of trust is fast." I think for us, it is the combination of the speed of`ohana,
the sense that we all feel and the kuleana and trust. With those three (3) together,
we outpaced the fire. Even with the best efforts, it came down to individual fire
fighters holding the line within fifteen (15) feet of the hose, so that means that we
can still improve, and we will continue to strive. That is my update. Mahalo.
Council Chair Rapozo: I have a quick question. You just brought up
the fire on the Westside and you mentioned working with landowners. Was that
property that burned State land? I am referring to the one that got close.
Mr. Ushio: My understanding is that the area where it
started is an area of Department of the Hawaiian Home Lands (DHHL). Beyond that
was Gay & Robinson's property.
Council Chair Rapozo: Were those properties maintained?
Mr. Ushio: A firebreak had previously been cut. You can
see it in the photos. There was a firebreak, it was starting to regrow. They do have a
break between the houses and the field. I do not know the degree of vegetation
management. I would have to defer KFD on that.
Council Chair Rapozo: Then is KFD responsible for the enforcement of
that? As I am reading this right here, you have listed Wildland/Urban Interface Code
Assessment and enforcement comes under the wildlife prevention mitigation by KFD.
Mr. Ushio: KFD does assess and respond to complaints
and can do enforcement, but that is an interface. That is why there are firebreaks
created in certain areas.
Council Chair Rapozo: Yes, but firebreaks work if you have reasonable
management of the fuel source, right?My concern is not so much if the firebreaks work,
COUNCIL MEETING 14 JULY 31, 2024
but if these properties are allowed to grow and create the fuel needed for a wildfire, then
the firebreaks would help a little bit. We are lucky that it was not closer to structures
or a subdivision. I appreciate everything that KFD did and all the volunteers, but I
think now, especially after the Lahaina fires, need to focus on how to prevent fires to
begin with and how they spread. Councilmember DeCosta.
Councilmember DeCosta: Mr. Ushio, I have a comment on your Eagle
Scout. In 1985, I was two (2) years older than you. I was more of the Venture Scout, I
did not join Eagle Scouts, but I was proud of it. You gave a good presentation. I think
your team, our KFD, the sense of`ohana and collectiveness work within our County and
State, but the private sector has to be on board. They have to be held accountable. I am
sorry to say this, but they are not accountable. The firebreaks will only work if they are
freshly cut within sixty (60) days. What are we doing to work with the private sector
members when they have fuel sources that are not being managed? How do we hold
them accountable?
Mr. Kanoho: That is a good question. Thank you for that.
Through the wildland coordination group with KFD, they work with the private
landowners to ensure that they maintain and keep up with the firebreaks. After
following the second fire, and especially after the last fire in Koke`e, I reached outto
KFD to schedule an upcoming meeting with that group to circle back with all the
agencies to include the private landowners. I know that DLNR and Division of Forestry
and Wildlife (DOFAW) have been doing some additional work on the properties that
they own further west of the area, to include cutting and maintaining roads and
firebreaks on some of their properties. That is something that needs to be kept up.
Councilmember DeCosta: Soloman, thank you for addressing that
question, but firebreaks and the roads are not the problem. The problem is the fuel
source beyond the firebreaks. Are you folks going to address that also?
Mr. Kanoho: Correct. There has been talk about how to
better mitigate that, either by putting some type of farming or cattle, animals to keep
that down, other than maintaining through cutting and additional firebreaks. That will
be the long-term solution that would need to happen.
Councilmember DeCosta: That is the solution. Thank you.
Council Chair Rapozo: Councilmember Cowden.
Councilmember Cowden: First, I would like to say, excellent job. I was
paying a lot of attention, particularly with the Hanapepe fire because Hanapepe
Heights, as I have described it as a giant lollipop with one (1) road in and out, is very
dangerous. Thank you to the environment that we had, an easterly wind, rather than
one blowing westerly, which is the norm, but that would have been rough. The
Department of Transportation (DOT) cut that firebreak right around the time we were
shortly discussing the Lahaina fires. I asked about evacuation routes, and they said
that they could cut along the danger points. Have we looked in to...it appeared to me
that when we cut that firebreak, all that mulch was sort of left in place. Do we have
some sort of guidelines or strategies of what to do? When we leave the mulch, that can
COUNCIL MEETING 15 JULY 31, 2024
be a little problematic. Is that any part of what we are working on when we are looking
at firebreaks?
Mr. Kanoho: I am not aware. I know that to cut the tall
grass,whether it is four(4)feet, six(6)feet, or higher, that does help.When it is a mulch
and is on the ground, it tends to creep slower, so crews would be able to get a better
handle on it. The only condition that would change is if there was a high gusty wind
that would blow that around, but to even have it cut down and reduce the height of it
to slow the spread does assist with breaking it down, preventing the fire from jumping
a break.
Councilmember Cowden: I want to acknowledge how both crews met
with Gay & Robinson. I went to one of those meetings out there. It looked to be at
capacity, so they did a great job. My follow-up is the irrigation systems and a building
burned. How much was Gay & Robinson's team a part of fighting that fire?Did we have
that private help in that fire?
Mr. Kanoho: Yes, we did. They were actively involved, even
from the onset of the fire and throughout the fire. That is one thing that has been
beneficial and helpful. In all the fires, the private sector rallying around and helping,
including the other agency partners.
Councilmember Cowden: The other agency partners like Cushnie
Construction Company, Inc? We honored a handful of those. With the Hawai`i Wildfire
Management Organization (HWMO), I have been pushing hard for neighborhoods to
identify their evacuation routes. Is there greater consideration of reincluding
Community Emergency Response Team (CERT) because I think when we have our
Community Emergency Response Team, that sort of has been put on hold since COVID,
but I think we need to consider reencouraging that. If we have CERT be a part of our
fire wise communities, in my mind, that would help us. We had a large landowner,
Gay & Robinson, so they have this capacity. We would not have that in a small
community, unless we had CERT or a fire wise community. Do you have thoughts on
that and how can we move forward on that?
Mr. Ushio: CERT is definitely a possibility as that
program gets revitalized or expanded in the future. That provides us one use. There is
also something called the Hawai`i Hazards Awareness and Resilience
Program (HHARP). `Ele`ele and Hanapepe is a community that participated in HHARP
in the course of over a year and developed the community plan and received the
education in multiple aspects of various hazards and threats and emergency
preparedness. That is another. Even if you are not a CERT community or not involved
in HHARP, if there is a community organization, faith-based we will help you, and if
you reach out the KEMA, we will do our best to provide that outreach and support and
guidance, so that individuals, households, and `ohana can plan.
Councilmember Cowden: If individuals want to reach out, will they
call 1(808) 241-1800?
COUNCIL MEETING 16 JULY 31, 2024
Mr. Ushio: 1(808) 241-1800 or kema@kauai.gov. Those are
the best ways.
Councilmember Cowden: I would say that we have one other possibility.
I will come back to it. Hazard mitigation plan. When is that going to begin, so we can
have communities? All our evacuation routes, not just fire, but waves, tsunamis,
hurricanes...all of that matter. Is our hazard mitigation plan where community
organizations can participate in giving ideas?
Mr. Ushio: Yes. At any time, anyone can engage us with
discussions or ideas regarding fire mitigation. With this next plan update, part of the
process that is going out for procurement...once the contract is made, it will have a
series of community meetings. At the last update, we did not have as much community
participation because it was COVID. There were a lot of online meetings, but we hope
to do the traveling road show again with the update that we will be working on.
Councilmember Cowden: I see that we have at least one (1) board
member of a community association in the room. When is that window of time that they
will begin participating?
Mr. Ushio: We are in the procurement phase now, so I
would imagine in two (2) or three (3) months from now, we would be actively stating
that process.
Councilmember Cowden: Thank you.
Council Chair Rapozo: Councilmember Kagawa.
Councilmember Kagawa: Were the Westside fires, especially the
Hanapepe fire, was that intentionally set? What was the cause of the fire?
Mr. Ushio: I cannot speak to that because the
investigation is amongst KFD.
Councilmember Kagawa: Do we suspect that it was intentionally set?
Mr. Kanoho: Like Mr. Ushio said, we are not sure yet. It is
under investigation. However, the last fire that we had, they suspect that it was
intentional, but the investigation is still ongoing.
Councilmember Kagawa: Is there a program, like with KPD, with a
reward to catch the pyromaniac or pyromaniacs? Is there an investigation reward
program or something? I am born and raised on the Westside. Without the plantation,
we do not have adequate maintenance in a lot of the areas. You are speaking about
DHHL,we cannot even get DHHL to build homes. They do not clean areas of theirs that
are overgrown, so one (1) pyromaniac on a windy, like Lahaina, if we are not taking
action to wet those areas that are unmaintained, like Council Chair mentioned, the
firebreaks will not work. If the winds are strong, like it was that day, which is why
everyone was worried, a pyromaniac could do billions of dollars worth of damages.
COUNCIL MEETING 17 JULY 31, 2024
Council Chair Rapozo: Hold on, Councilmember Kagawa. I see KPD
heading up.
Councilmember Kagawa: What is the status of trying to catch the
pyromaniac or pyromaniacs?
DARREN ROSE, Captain, Kaua`i Police Department: Captain Darren
Rose, for the record. There are rewards through Crime Stoppers, and we have asked for
information though our Public Information Officers (PIOs) within the County for tips
that come through Crime Stoppers. Some tips have come through, but so far none of
have been actionable.
Councilmember Kagawa: Can you take back...based on what happened
in Lahaina, and we have the Westside there, can we increase the program so that we
have a special reward for the tips leading to the pyromaniacs that are starting these
fires that are going to cause billions of dollars?
Mr. Rose: There are rewards through Crime Stoppers,
and we are asking the public...
Councilmember Kagawa: Crime Stoppers can be related to stealing
someone's wallet. Stealing someone's wallet will not lead to billions of dollars in damage
to the community that will be unrecoverable in some cases. I am talking about a harsher
program perhaps that could be looked at between all agencies. That is my suggestion.
Thank you, Chair.
Council Chair Rapozo: Councilmember DeCosta.
Councilmember DeCosta: I am going to switch back to the hurricanes and
tsunamis. Mr. Ushio, I know that you do a good job, but have we looked at the
evacuation roads in Kekaha, Hanalei, and Waimea, those three (3) areas. One-way in,
one-way out. We have accessible areas to use mauka of Kekaha. Are we looking at that
on DHHL or ADC? In Waimea, they have an old State road that we cleared when there
was a flood. Are we looking in maintaining that road with the State or at least putting
some asphalt down? The last one was in Hanalei. Can we work on an evacuation route
for Hanalei because that is a one-way in and one-way out? Three (3) possibilities,
three (3) solutions, and three (3) landowners that already have the roads there and we
just have to maintain them or open them up. Have we looked at that for our 2026 land?
Mr. Ushio: That would be a good project to list in that plan,
although efforts are already starting. That is an excellent suggestion to add as far as
alternative routes, identification, and maintenance. Right now, we are on the first
phase. I am working with our Geographic Information System (GIS) team. They are
trying to develop a super product for us with every layer that we want on that to help
us with all hazards. One such area would be not only your primary existing roads, but
also our older roads by looking at the archive satellite mapping. The challenge will be
securing access and restoration repair and maintenance, and it is going to cost millions
for some of that. We know that some of these roads have successfully been used in the
recent fire responses where we would quickly get the keys so our responding units could
COUNCIL MEETING 18 JULY 31, 2024
easily get into those areas and utilize those old roads to fight those fires. It is a
multiphase, multiyear effort that could be listed in the Mitigation Plan update.
Councilmember DeCosta: I have one (1) last question. That fire in
Kekaha, I am talking about if there was a tsunami in Kekaha. The only evacuation
route is the Koke`e road. It will be a funnel. Can we look at DHHL or ADC roads right
next to the Koke`e Road? There are roads already up there. Could we look at that on
our plan?
Mr. Ushio: That would be part of the consideration.
Councilmember DeCosta: Thank you.
Council Chair Rapozo: Councilmember Carvalho.
Councilmember Carvalho: I have a quick question on the HWMO. Can
you explain that? Is it a solid organization where we have resources coming back and
forth?
Mr. Ushio: HWMO is a solid organization and partner,
and they have assisted us in the past with our Community Wildfire Protection
Plan(CWPP)and they continue to provide us with guidance and materials. They attend
all our meetings, KFD meetings, and they have state-wide engagement. They are the
non-governmental subject matter expert in the area of wildfire in Hawai`i.
Councilmember Carvalho: Then is there constant back and forth
information for us.
Council Chair Rapozo: Councilmember Kuali`i.
Councilmember Kuali`i: Following up on that and on Councilmember
DeCosta's line of questioning earlier, you play a leading role in collaborating together
with DHHL and HWMO to do the maintenance and prevention work, correct? Like
Councilmember Kagawa stated, it is not being addressed. Do you not have an inventory
of the lands that are high priority as far as maintenance to prevent fires? I know that
in Anahola,we have had so many fires that DHHL has made that a priority and working
together with KFD and the Jeremie Makepa Aina Alliance, they put in firebreaks and
obviously, they have to make a protecting the lands closest to the neighborhoods.
Mr. Ushio: I would not say that we are the leading role,but
we are part of the process. We try to bring appropriate parties together, but KFD is the
subject matter expert. I would say that they do the bulk of leading and KEMA will
provide inclusion of other partners if there is coordination or action event that KFD will
be able to bring very extensive key players.
Councilmember Kuali`i: Maybe the word was wrong, but I think that
you would have to play a key role because you are there to make sure that they are
doing what needs to be done and you can prioritize keeping our people safe. That is your
job.
COUNCIL MEETING 19 JULY 31, 2024
Mr. Ushio: Yes.
Councilmember Kuali`i: Thank you.
Council Chair Rapozo: Councilmember Kagawa.
Councilmember Kagawa: In general, how long was the highway closed
with the Hanapepe fire?Was it closed in the Kaumakani area?What time was it closed?
Mr. Ushio: I would honestly have to look at our logs.
Councilmember Kagawa: I mean, was it between 5:00 p.m. to 9:00 p.m.?
Have we learned if we could set up something that could accommodate or encourage
folks to go here?I heard that folks were on the highway and sat there for hours, waiting
for the road to open, and it was not going to open soon. What does the County do to
accommodate our residents who are stuck on either side? Maybe we could have the
recreational centers open and offer food.
Mr. Ushio: For that particular incident, we opened up
shelters in coordination with the Department of Education (DOE) at Waimea High
School and the Department of Parks & Recreation (DOPR) at the Hanapepe
Neighborhood Center, and privately, Hanapepe Private Homelands allowed people to
stay there. We tried to put information out there on the County run shelters through
our press releases. We did not make arrangements to provide food and water, just,
shelter. There were a lot of folks there. When we were going to reopen the highway,
sometime in the middle of the night, there were already forty-three (43) people asleep
in the high school. They stayed for the night. We do our best to support and in the 2004
rain and flooding event,we opened shelters in Koloa and Kapa`a,just for those evacuees.
Councilmember Kagawa: I appreciate all that you do, but from the
outside looking in, I just heard that folks were waiting four (4) or five (5) hours on the
side of the road in their car. It was sad, not if these disasters happen, but having to stay
in your car for that long and waiting for the highway to open, knowing that the roads
would not open soon is sad. I was just wondering how we could make their lives better,
even in a disaster.
Mr. Ushio: That is something to note. Thank you very
much. It will give us something to think about. We still have not done our After-Action
Review (AAR) with our partners. We are scheduling that now, and we will do two (2)
fires at once. That is something that we can address, because in our press release and
things like that, unless it goes on broadcast media or radio, some people will not get
that. Something to think about.
Councilmember Kagawa: You folks do a great job worrying about
disasters and saving lives. I just feel like that incident, when I heard about people
sitting for hours, it made me think of DOPR neighborhood centers could help, rather
than you folks. You folks are doing what you can to save lives. I am just sharing that.
COUNCIL MEETING 20 JULY 31, 2024
Council Chair Rapozo: I want to follow-up on what Councilmember
Kagawa said regarding press releases. When we watched the Lahaina aftermath and
they were posting as they were identifying bodies, a lot of them were kupuna,
seventy (70), eighty (80), and ninety (90) year olds. I do not know this, but I would
assume because they are not glued to their cell phones, that they do not get these
technological alerts. On your slide 11, "Statewide updating of public alert and warning
systems/processes/technologies." What are we doing in the County of Kaua`i, not just
for fire incidents, but for everything to ensure that every one gets the message. I am
more concerned with the kupuna that do not have laptops or cell phones. I think you
know what I am asking.
Mr. Ushio: When I have done interviews, I try to cover all
the tools, and I highly recommend that people have multiple means of emergency
notifications. I will give the example of the fire as it turned into Kaumakani. When it
became apparent to us that the town might be threatened, we initially were going to go
out with what is called "Ready, Set, Go." "Ready" means that you get ready because
there is a fire in your area. You are not immediately at risk but prepare to evacuate.
You may need to do so, at your own risk. Then, the winds gusted and so quickly, that
changed to "Go." The message was fast and simple means, everything means are at
disposal. I will go down the list, we sent out an Integrated Public Alert and Warning
System Platform (IPAWSP)to send out a message that went to the Alert System, which
was television (TV) and radio. The federal alert went through to the cellphones. We did
County, both the level emergency notification tool that we call our WENS system. We
sounded the sirens, which tells people to tune into your local media because we need
your attention. Then, KPD, Gay & Robinson, and KFD, whoever was feasible, went
door-to-door through the community to ensure that everyone in the community got out.
We even had calls that came through 911-dispatch because of loved ones who had gotten
the message by some other means, saying that an aunty lives alone or is homebound
and will need help, or the Agency of Elderly Affairs would do some clients like that.
DOT would move clients like that. Usually more than one means identifies or addresses
those persons in need, it is important that all the technologies, but it does come down
to door-to-door.
Council Chair Rapozo: Right, that is where I am a little concerned.
Like you stated, it went from "Ready" to "Go." There was not much opportunity. When
it was time to "Go," which is sort of what happened in Lahaina and at that point, you
are too late. Can you go through the steps for me? When we are at level one, "Ready,"
what happens then?
Mr. Ushio: Basically, if there is a fire that does not
threaten any homes and will not result in evacuations, generally we are not going to
do a mass notification.
Council Chair Rapozo: I am assuming that it is not just for fires.
Mr. Ushio: The "Ready, Set, Go" is for fires.
Council Chair Rapozo: What is "Ready?"
COUNCIL MEETING 21 JULY 31, 2024
Mr. Ushio: "Ready" is be prepared to go at a moment's
notice, just giving you a heads up that there is a fire in your area. You need to be
aware and that there is possibility that you may need to evacuate.
Council Chair Rapozo: How are the "Ready" notifications made?
Mr. Ushio: Those are tiered. We are not going to sound
the sirens for "Ready." Over here, we would use several of the tools that we
mentioned. We would go through tv, radio, cellphones, local notifications, landline
phones, and often cell phone messages and email.
Council Chair Rapozo: At level one, does the banner come across the
tv?
Mr. Ushio: We would do that here. Level 2 is "Set." It is
a little higher bar and that says "you need to be ready to go."
Council Chair Rapozo: Is that the same bar notification across the tv,
same radio notification, and we are not deploying anyone in the neighborhoods?
Mr. Ushio: At that point, we would likely make that
decision, and we would seek assistance from partner entities, like KPD, if there
was...in a situation like Gay & Robinson, where they own and manage a camp,
because by then it is a serious fire. Multiple assets are engaged, and we want to
prevent too much damage.
Council Chair Rapozo: I think that is the concern. In fires, unlike
hurricanes, where one is brewing right now, we have a lot of time. With fires, like we
saw with Lahaina, it is "Ready" then "Go." I just want to make sure that we have a
way in place to get those people who do not have a cell phone or fancy technologies.
That is my concern.
Councilmember Cowden: I have a follow-up on sires. Since I have gotten
elected, you have been hearing from me for different sirens. We do not have a siren
in Princeville. The one in Hanalei broke a long time ago, same with Wailua. I believe
that we need on in the back of Wainiha, in these areas where we have these high
emergencies and we know that we do not have cell phone reception, whether by choice
or whatever reason. I think that we need more sirens. I think that we need to do a
little more training because some people think that it is for tsunami. I have never
had that thought for forty (40) years, but I always thought that it is for anything.
Even when we had the ballistic missile alert, remember that one?The first thing that
went through my mind is, "I do not hear the sirens, this is probably false." I still went
over to the neighborhood center even though that would not have made a difference.
I am trained to listen to the siren, to listen to the radio, also, as a radio program, but
it did not go on the radio either, so when it was not on the siren or radio, I thought
someone made a mistake. I did not panic. Also, not everyone has their cell phone with
them, a lot of people are out on the ocean or playing and when you hear that siren,
your thought is to pay attention. I do want to really, again, say"sirens."Although the
sirens did not work in my area either, I guess because they did not turn it on...
COUNCIL MEETING 22 JULY 31, 2024
Council Chair Rapozo: Do you have a question?
Councilmember Cowden: I thought I did have one. He is nodding his
head. My question is, what is your position on adding more sirens and fixing our
broken ones? Thank you.
Mr. Ushio: I strongly support repairing all sirens that are
not operational.
Councilmember Cowden: Possibly adding more?
Mr. Ushio: Adding sirens or filling gaps in coverage.
However, I will say that the siren program, the sirens are not owned or managed by
the County. It is our State departments and Hawai`i Emergency Management
Agency (HI-EMA), so while we can prioritize and advocate, it really is a state asset
or State program.
Councilmember Cowden: Thank you for telling me that. I am always
"pinging" on you, and not the State, so I should be sending that to HI-EMA?
Mr. Ushio: That is where the County generally directs
those inquires, although like I said we are a close partner with them, and we do
strongly advocate for sirens. We do have a say in prioritization for a location for
whenever we get a new batch.
Councilmember Cowden: Okay, thank you.
Council Chair Rapozo: Thank you. Are there any further questions
for KEMA? Councilmember Kagawa.
Councilmember Kagawa: Are those sirens tested monthly and does the
KEMA office do the follow-up to different households or businesses in the areas to
check whether they hear it or not? Thank you.
Council Chair Rapozo: Councilmember Kuali`i.
Councilmember Kuali`i: This might be obvious but when you say,
"Ready, Set, Go," is "Go" the part when you say to leave your home and evacuate?
When you make the announcement to evacuate, do you tell people where to go or
where the fire is, and where it is coming from, so which direction not to go in?
Mr. Ushio: If you look back at the messaging that we did
for Kaumakani, it was "brush fire in Kaumakani," "evacuate now," and "leave now."
Short, simple. Part of the challenge is we have staff who is crafting it live under
pressure, being told that they have to go now and, "come on staff." Wild land fires are
very specific, so you will notice that the Kaumakani message, which was, "Go, leave
now," very different from the Koke`e message where we clearly indicated that it was
not an immediate threat, but people would be isolated if they do not leave at their
earliest convenience. If you are not able to shelter in place, they should leave. We try
COUNCIL MEETING 23 JULY 31, 2024
to provide enough information, but sometimes it is not going to include the direction
of the fire, and what road or route to take, unless there are special circumstances
where we know we should take that particular route.
Councilmember Kuali`i: In a tsunami warning in Kekaha or Waimea,
they all go up, right, because they are just trying to get away from the shore, so they
go up to a blank area. I think Councilmember Kagawa mentioned it. Are you aware
that the West Kaua`i Hawaiian Home Association is trying to work with DHHL to get
some land, so they can create an evacuated center or at least an area with bathrooms,
because people are parking on the side of the road?
Mr. Ushio: We have been approached over the years
several times, but most recently last month, we did meet with some beneficiary
organization that was working on possible site selection acquisition for the
development of two (2) locations.
Councilmember Kuali`i: Yes.
Mr. Ushio: DHHL out west.
Councilmember Kuali`i: Obviously you have to have options of where
people can go, because if it is a tsunami, they can go mauka, but if it is a fire, it might
be that area that is on fire, so maybe the mauka area, that is an evacuation area could
be done in such a way that it is clear or maybe it has facilities like the ones being
talked about in Kilauea where there is "fire proof' where they would not burn, but
that is all being planned, right?
Mr. Ushio: I cannot comment on how they are planning
and what their proposal is, I have not seen their drawings or plans.
Councilmember Kuali`i: But they will engage you and you will help
them...
Mr. Ushio: If they engage us, we will do our best to give
them...
Councilmember Kuali`i: I will make sure they do.
Councilmember Cowden: I have a follow-up on that.
Council Chair Rapozo: Go ahead.
Councilmember Cowden: Thank you for inviting me to the IRT, I am
really bad with acronyms, I do not remember what that stands for, but that is where
we were looking for the best available refuge areas study. I was very thankful to be
there and listening. My interpretation was we do not have very good places, right?
We have good places for a rainstorm, but we do not have good places for windstorm.
Certainly, a cafeteria is good, and people will need to "hold up" while they are away
from their home. Do we have a plan...Councilmember Kuali`i just mentioned the
COUNCIL MEETING 24 JULY 31, 2024
resilience hub that is proposed for Kilauea, but do we have a plan for high wind
sheltering, anywhere?
Mr. Ushio: A plan as what we would do or building out in
the future?
Councilmember Cowden: The only shelter in the entire North Shore, I
do not mean to keep bringing that up, but it is where I live, is right behind my house,
which is now under reconstruction for a year or more. Where do people go? We need
to really work on that. Do we have a strategy for wind and where people should go?
Mr. Ushio: I do not want to take too much time, but the
Statewide shelter program goes back decades. Shelters that our people went to during
Hurricane Iwa and Hurricane Iniki had been selected by the State of Hawai`i via the
State Civil Defense, which is now HI-EMA. Since then, the responsibility has been
transferred to the Counties with the Hawai`i Revised Statutes (HRS) 127A, the newer
Emergency Management Law. We inherited these sites, unfortunately as it is obvious
to everyone, they are not designed or built as hurricane shelters. However, sites and
structures that were selected were generally those that were hardened and were
feasible concrete construction and after-the-fact retrofitted, to be more hardened
Unconfined Compressive Strength (UCS), they put shatter-proof lubricants, impasse
screens, etcetera. That is what we inherited as far as what is available as shelter
space or what we call, "best available refuge areas" or BARAs. That is why in our
guidance to the public, we say that they are not necessarily rated for high winds.
However, they may, as the BARA, they may provide enhanced protection compared
to being outdoors or in a poorly constructed home, single-wall construction,
non-hardened. Of course the newer buildings are built stronger, so Kauai High
School gym, is quite a robust facility. As you know, the Administration and the
Council have supported, we have been doing retrofits, we hardened Kalaheo
Neighborhood Center and there is ongoing, in fact, as we speak right now, Kilauea
Gym is being retrofitted and moved to Category (Cat) 3.
Councilmember Cowden: Okay.
Council Chair Rapozo: Cat 3?
Mr. Ushio: Yes.
Council Chair Rapozo: Why would we not go Cat 5?
Mr. Ushio: I am not an engineer, but my
understanding...
Council Chair Rapozo: Who makes that decision? Is that DPW? Who
determines? Who in the Administration approved to do it as a Cat 3 instead of a
Cat 5?
Mr. Ushio: I cannot say for sure who makes that final
determination, but from our position, it is driven by a balance between cost benefit
COUNCIL MEETING 25 JULY 31, 2024
risk. To retrofit a Cat 5, it is nearly impossible, you would have to reconstruct and fit
concrete balls, polycarbonate windows, things of that nature. Even from what I
recalled on the Kalaheo project...
Council Chair Rapozo: Is the Kalaheo Neighborhood Center a Cat 3,
too?
Mr. Ushio: The Kalaheo Neighborhood Center was
retrofitted to a Cat 2.
Council Chair Rapozo: Cat 2?
Mr. Ushio: Yes. If you wanted to acquire, it would be like
the old ball sugar building. I have seen drawings by Nawiliwili, where you have huge
steel pillars with concrete holding the walls up, but again, I am not an engineer.
Council Chair Rapozo: I do not think you need to be an engineer to
say, in the administrative level, "Make it a Cat 5." I do not think you need to be an
engineer to do that. I guess we will take that up with the Administration. I am
surprised to hear that we are spending money on rebuilding a building and bringing
it up to only a Cat 2 or a Cat 3. We will take it up with the Administration. Are there
any further questions? If not, thank you. Is there anyone in the audience wishing to
testify? Ms. Lowry.
JILL LOWRY: Good morning, Council. I want to say a couple
things. First, I want to give massive amounts of kudos to everyone who participated
in the weeks' worth of fires, from the Humane Society, to our KFD, to landowners,
and to underscore KEMA's organization. I recognize the fact that I am an "annoying
speedo" when it comes to disaster preparedness, particularly not response, I think we
do an excellent job with response, but the responses to the questions about hardening
facilities and disaster shelters underlines my concern overall, and this really has
nothing to do with KEMA, it has to do with the County's decisions on budget. At some
point, if it is now the County's responsibility for this and not the State, the decision
has to be made to spend the money to create disaster shelters in all of the areas most
vulnerable. Otherwise, you are going to have a lot dead community members, that is
just the reality. We have Cat 5 hurricanes frequently now. The first hurricane of the
year, Cat 5. Last year, hurricane Cat 5 in every ocean basin and that never happened
before, so Lahaina was particularly deadly because of winds and fire, limited choices,
fast decisions, and terrible outcome. Again, some things are preventable, but other
things are not because it is Mother Nature. I do think that the County and those who
have an investment in their community need to start looking at budget alignments
for these. They do not have to be fancy; you folks know I am the "Dome Lady," that is
what apparently what everyone calls me now, and I am good with that, but they can
be everything else that you need them to be. They can be a church, a community
center, urgent care, until they are needed, and then they can be a disaster shelter. It
is time for people to start rethinking construction and structural integrity when you
build new County buildings, whatever the case may be. That is all I am asking today
is to, as we move forward, KEMA has a lot on their plate, so not going to hold KEMA
COUNCIL MEETING 26 JULY 31, 2024
responsible for this, I am holding the County responsible for future decisions. Thank
you folks very much.
Council Chair Rapozo: Thank you. Ana, did you have your hand up?
Ms. MoDes: Hello, Ana MoDes. Very valid testimony by
Ms. Lowry.
Council Chair Rapozo: I am going to ask you to speak up.
Councilmember Cowden: Yes, it is hard to hear you.
Council Chair Rapozo: Something is up with the microphone and the
captioner is having a difficult time. Can you restart her time, please?
Ms. MoDes: I will try my best. Ana MoDes, for the record.
Very valid testimony by the previous testifier. Kudos to KEMA for all their efforts. It
is no wonder that the head of the agency is an Eagle Scout, so maybe that should be
a requirement. Excellent job in navigating all of it. Extra kudos to KFD that were
direly tested. I know that you speak of the moms or fire wives, heart wrenching for
that experience, so I am grateful that everyone worked in cooperation to have it be a
successful fire disaster week, I would say. Very much tested and I know I came in
after Lahaina and spoke about that...I do appreciate your patience with me that day
and understanding where the community is coming from. It is really sad, tragic that
we are learning from such a devastation, but there is also so much gratitude in the
intelligence that has been brought here to those leading to ensure that Kaua`i does
not experience a tragedy that way KPD knocked on every door, that is for sure, and I
for one as a community member, I am very grateful that I received that, "Fire in
Kaumakani, get out" message, because I called everyone around, "Are you
evacuating, what are we doing; just pack a bag and be ready to go." It was not a joke
or drill. There were sirens that were heard. I believe the way it was handled was
really well, shelters on both sides, community coming forward providing food, but I
understand the concern about having people in traffic for so many hours and how do
you even predict how long it will take if people want to make the decision to turn
around, come to Lihu`e, or whatever that is, so maybe there is a really good outcome
that came from that situation. Just because of the tragedy of seeing the burnt cars on
the road, but everyone was communicating with each other, and it was really nice to
see how everyone came together, alert, and care about what was going on. Of course,
the power of pray for KFD to keep going incessantly, and the cooperation with the
private landowners as well. It was nice to hear how valuable it is to have that
commitment before the community. I do have one more thing to say.
Council Chair Rapozo: You can come back after. Is there anyone else
in the audience wishing to testify? Mr. Hart.
Mr. Hart: For the record, Bruce Hart. First, I am in
agreement with Councilmember Cowden that we need, and just with everyone, we
need to do all that we can to ensure that everyone on the path of destruction is alerted.
I would like to speak specifically on something that Councilmember Kagawa brought
COUNCIL MEETING 27 JULY 31. 2024
up. There is an investigation going on as to the purposeful and wicked setting of fires.
These people that do these types of things are usually known. It is unusual that
someone starts this, they usually have done it before of some capacity. I think KPD
and members of the community probably know some of the people. There may be
someone new that was prompted from the Lahaina fire, and I want to say a short
prayer, because all the responsibility for this cannot fall on KPD. They are doing all
they can, I am sure. They have family members and extended family members that
care. Heavenly Father, I just ask that you intercede on behalf of this community. That
whoever it is, you know, Lord, and that you would bring these people out into the
open, you would expose them for what is, this wickedness that they are doing. That
members of the community would fill a conviction if they know or suspect who these
people might be, and that you would help them to send them forward. In Jesus
Christ's name, thank you.
Council Chair Rapozo: Thank you. Is there anyone else wishing to
testify for the first time? If not, second time, Ana.
Ms. MoDes: Mahalo, Ana MoDes. Kaua`i is the only island
to my knowledge that has neighborhood centers, so it is really convenient to invest in
that, as the testifier before suggested. I agree. It seems like common sense. It does
not seem like we are going to be evacuating for a Cat 2 or a Cat 3, but just concrete
structures and from where I am from, everyone has metal panels that they put on
their door, it needs to be standard for the home to have a homeowner's insurance, you
are required to have that. Hurricanes come up, everyone puts their panels, it is like
shutter-effect, there can be ways around, you do not have to demolish and rebuild,
just enforce. The other aspect I wanted to say is that I am really grateful to Elton and
KEMA for showing up at Koloa Community Association. The cooperation with
different neighborhood associations, he did explain that on the North Shore, they are
very active and have funds to provide the help for KEMA to not have to be like, for
floods, for instance, there is no way to get there to provide what it needs to happen,
so having people in different areas across the island that are prepared, Koloa is
organized enough to have one of those large commercial flood pumps, but if there is
other neighborhoods that are not as active, it is really worth getting involved,
organizing, and reaching out to the County, so that we do not have the issues where
you are running around at the last minute, the roads are closed, that you have
captains in each spot that can get activated to step up for the community and provide
that solution. That was wonderful to hear. I am grateful for you folks to have this on
the agenda, do the investigation and do the "deep dive" of what is going on to avoid
any future tragedies. I know it is not a clear solution right now, but it seems like
there is progress and information and cooperation. I am grateful for that.
Council Chair Rapozo: Is there anyone else in the audience wishing
to testify? If not, calling the meeting back to order for final discussions?
Councilmember Kagawa.
There being no further public testimony, the meeting was called back to order,
and proceeded as follows:
COUNCIL MEETING 28 JULY 31, 2024
Councilmember Kagawa: When we have these incidents like the
Hanapepe fire, we take the proactive route, try to see how we can learn from what
happened and improve every time—that is all. KEMA, of all the islands, is awesome.
They dealt with so many disasters, floods, and hurricanes, their office is well-run,
and I can attest to that.As far as the pyromaniacs starting, it might be just"humbug"
kids, but the thing is I think money reward can maybe help and hopefully KFD can
work with KPD because it came really close to "wiping out" Kaumakani. Those are
people that would be homeless without having Kaumakani housing. We were just
talking about budget priorities, but what is the priority? Should we harden the entire
structure, build affordable housing? It has to come from the Administration. If the
Council funds it and it does not come from the Administration, then who knows
whether they are going to do it. All these priorities have to come in partnership, but
it has to come from the Administration. We have the largest budget by far in the
history of Kaua`i, and how much was funded to hardened any facility for a hurricane
shelter? Zero (0). If we cannot budget in the largest budget in history, then I guess
we need to make it a priority. We need to get the State to provide the money, since
they are the ones who pass the responsibilities. The one structure that I can think of
that can fit a large number of people is the new Kaua`i High School gym that they
just built. I am pretty sure that is close to Cat 5, if anything, and the State should let
the County use it, they use all the County's stadiums for games. They are not like
O`ahu where they have lighted football fields, they use all of the County's resources.
In this case, let us not ask, but make it mandate that we can use that gym. Let us see
what we can do to harden other structures that are already used, and we could
expand, like the Kilauea gym. There are points of areas, but it has to come from the
State as far as helping us to fund it, because it is a responsibility that they passed
down because of their past mistakes and they do not want to get "too much drama"
on the neighbor islands. It is just knowing how to deal with the disasters and having
the proper people run it, because you do not want to have a situation where the person
pressed the wrong button and people panicked, all because one person pressed the
wrong button. Let us make sure that we are always "on it," and I am glad Kaua`i is,
but we can do what we can to address that. The wind shelter would be great, because
definitely a lot of homes, especially talking about Kaumakani and Pakala, in a Cat 5
hurricane, those homes will be wiped out flat.
Council Chair Rapozo: Councilmember DeCosta.
Councilmember DeCosta: I am very impressed with this document.
Thank you, Elton. I am not impressed that we know time and time again, if you go
all the way back to the 1983 hurricane, when I was a senior and Councilmember
Kagawa was a junior in high school, 1992 hurricane, we had multiple evacuations.
Folks, it does not take rocket scientists, you start from Kekaha, Kekaha is funneled
to Koke`e, one-way up and one-way down. If something happens, there is no way we
can get Kekaha out of there. There are DHHL lands and ADC lands, let us create a
road...roads are already created, let us maintain it. If we cannot as a County, then
we hold the State or the landowner accountable to have that road maintained. They
want a tax break on their agricultural land, they need to maintain their road. Waimea
has only one (1) bridge in and out. If there is a tsunami, those folks are stuck. There
is an evacuation route from the plantation days up the valley, across Waimea
Swinging Bridge, that comes out on to Robinson. Let us have that available. There is
COUNCIL MEETING 29 JULY 31, 2024
no need to be a rocket scientist. I am telling you folks right now to put it in your
2026 budget. Hanapepe—the fire, you can ride the road from Hanapepe to Pakala
along the beach, that is an evacuation route. Why were people on the side of the road?
Why did they not traverse from Hanapepe all along the beach, all the way through
Kaumakani to Pakala, and come and go home?There is a road. Koloa—the old tunnel,
Koloa to Puhi. Why are we are not using that road? Kahili to Lihu`e, there is a back
road that you can bypass Puhi and Lihu`e Town. Hanalei, you can come out of Hanalei
through Princeville, there is an alternative route. Put it on a plan, let us move
forward. Let us not just "talk the story," let us have things in place, common sense,
common "Ready, Set, Go." Ready, in my mind, because KEMA is ready, the
landowners are not ready. They let the fuel source get out of control. They better be
ready by either mowing the grass, livestock graze the grass, keep their firebreaks
open and not wait until a fire happens or a natural disaster and then ohana come
together. Their `ohana better be coming together every day, every month, every year,
so our people are not at risk when the firefighters, DLNR, and DOFAW are all risking
their lives to fight a fire. I know all of this because my dad and my grandfather worked
the at plantation on the Westside. We know every road available. It is there, let us
start using it. Thank you for your time.
Council Chair Rapozo: Is there anyone else? Councilmember
Cowden.
Councilmember Cowden: I want to reiterate the gratitude to the
excellent work that you folks have done pretty much relentlessly emergencies one
after another for years. Good job on that. I also want to say thank you to the KEMA
people who are waking up in the middle of the night, now, even more than they were
before. I want to acknowledge that. I have a few points to make. One is regarding
arson, especially on the Eastside, we see a pattern of set fires that are pretty evident
that with movement of the sweeps and displaced people, unhoused people, those fires
move with a few key individuals. That is a real problem. I would say anger and
despair feeds those fires and when we do not have enough mental health programs
or housing or safety zones, the fires follow that. We can punish people, and we can
give rewards, but the reality is that people live in so much despair that they act out.
I just want to acknowledge that big problem. I have stated that we need emergency
shelters for all hazards. I appreciate what Councilmember Kagawa said when we are
tight on money, and yes, we had the biggest budget ever, but all our expenses, the
revenues have come up and so have the expenses, so we are pushed, we are still
struggling on how to be able to create these solutions, but I agree with what was said.
We might not be able to get things up to a Cat 5 but getting them up to the strongest
capacity is important. Where I have some alignment with Councilmember DeCosta
is when we look at our post-sugar plantation time, we lost all these inward and
upward routes in many of the areas that were the cane haul roads and as well as the
ability to do the land management, they had the economic ability to do that. We have
to work with these landowners. They have a preservation plan for the cane haul
roads. We cannot lay it all on them, but it needs to be cooperative that we keep those
cane haul roads at a level that they can be driven on, at least in an emergency. A few
of them, I would like to see, as I said many times, we want to put a fourth lane from
Wailua to Hanama`ulu, why can we not use that cane haul road that goes up to the
right? We would not have all the road construction, it is really important to come out
COUNCIL MEETING 30 JULY 31, 2024
of Puhi, to me, that is a road that needs to be there permanently. Getting our roads
in place is important. We got all types of opportunities to get more sirens, more
gauges. I want to be thankful for the new gauges that have gone in and the weather
and smoke sniffers. There are a lot of good plans underway. I am eager as the
Committee Chair of the Public Safety & Human Services Committee to help bring
communities in to being a bigger part of the plan. I thank KEMA, KFD, DOFAW,
private organizations that have helped, and I believe even the National Guard has
gotten involved. We have done some great work in our firefighting, the base,
everyone—good job, all-hazards, you have to be on it with this next hazard mitigation
plan and make it very robust.
Council Chair Rapozo: Is there anyone else? Councilmember Kuali`i.
Councilmember Kuali`i: Mahalo nui loa to KEMA for this briefing, and
of course mahalo nui loa to everyone who is keeping us safe: the leaders, the workers,
and the volunteers. As far as our role is concerned, we need to hear from you, you are
the experts, you tell us what the best way forward is. You tell us what you need from
us, what types of resources, what kind of budget. It sounds to me that we have to
make a priority out for safe evacuation routes and safe evacuation centers. If it is
going to take a lot of investment, then we need to plan for that. Now is a good time,
because there are infrastructure dollars out there. I am sure we can package funding
with the State, County, Federal, sources and maybe also private sources. Let us not,
not do it because it cost too much. It costs too much to lose even one (1) life and I think
it is very clear that Mother Nature has changed in such severe ways, so we cannot
expect that the disasters will be like how they were in the past. It is getting worse,
which means we have to step up our efforts. It is going to be a long-time investment,
but we have to get it going.
Council Chair Rapozo: Councilmember Carvalho.
Councilmember Carvalho: KEMA, mahalo for the work. I know you have
gone through numerous disasters in the past and how we managed to get through
that, and now it is all about now. From the experiences from the past, in the present,
we understand what we need to reach out for and the resources we need to bring
home. From the Federal, State, And County levels, that is the big one for me, to see
how we can really be prepared. At the same time, I know "grassroots style," KEMA
and all the team members really reaching out and doing what you need to do and we,
as leaders, trying to provide whatever resources we can in different levels. With that
in place, and the mindset of how to keep our island safe and what resources we need
to bring in today and not tomorrow, is a big part for me, so I look forward to more
opportunities to bring more resources home and into the operational part—that is the
big part overall. Thank you.
Council Chair Rapozo: Is there anyone else? If not, thank you,
KEMA, for being here today. I stated this many times, our KEMA and our response
is completely with the first responders and the community support is second to none,
no doubt about it. Communication is always an issue, and I am really concerned about
the notifications, as I stated earlier in my questions to Elton. I think we need to make
sure that we leave no one out, because that is what happened, I think, in Lahaina
COUNCIL MEETING 31 JULY 31, 2024
and gosh, I do not know how you sleep after that because we did not get the word out
in time. "Ready" for me is now, not when the fire starts. "Ready" should be now. When
the fire starts, it is too late to get everyone ready. There is an old saying, "Be ready,
so you do not have to get ready." We should be ready. All the things that were talked
about today with the alternate routes and roads, all of that needs to be in place in the
manual, that is being ready. "Set"—when the fire starts, or the hurricane is
approaching, now we "Set" and put things in motion. Now, we are opening shelters,
alternate routes, I have been bringing up alternate routes for a very long time and
we keep finding reasons why we cannot do it. Councilmember DeCosta made a good
case about all the existing roads. If the landowners do not want to give the County
rights-of-entry, then we take them, condemn them, eminent domain. Someone said
that the fire came fifteen (15) feet from the homes, is that accurate?
Councilmember Cowden: Yes.
Council Chair Rapozo: Imagine if that fire was started closer to the
homes. You folks did a great job in response, but you had fifteen (15) feet of give, so
let us say the fire started closer to the subdivision, that fifteen (15) feet would have
been eaten up...once homes start burning, it will be in the line...so, we had help from
up above. I think God was there to blow back, but we were very close to having a very
bad situation. We have to prepare for that. I am very upset at landowners that are
not taking care of their properties, and that includes the State. I have a pasture by
my house that I worry, but as you drive across the island and you see pastures
with...and there is no enforcement, which is the reason I asked, "who is responsible
for it?" Is it KPD, the Planning Department, KFD?We will process that, because that
needs to happen. We could have the best crew...what bothers me is when we are
successful, we have amazing firefighters, helicopter pilots, community partners, but
every minute that they are out there fighting a fire, their lives are at risk. Just
because we are good at what we do, does not mean we should be doing it all the time,
because every time we do it, we are putting someone at risk. Some families have a
risk of losing a member of their family. Why are we not going after these people that
are neglecting their properties?I really do not care who it is and fine them. Give them
legal notice. This is a health and safety, very dangerous situation and I know
Councilmember DeCosta has talked about the grazing program with ADC and this is
really for ADC, my next comment, because they are "hardhead." They do not want to
open those farms or pastures for grazing, for whatever reason, and I do not
understand why we have a lot of ranchers and farmers that could be on those lands
managing those properties. For whatever reason, ADC does not want to cooperate.
Other landowners as well, and we as County, because we are responsible, we have to
go out and make sure that those folks are taking care of those parcels and keeping
them clean, including residential areas as well. Some of the larger lots in
subdivisions, if you are talking about fuel, fire source...the last thing is the shelters,
I am quite disturbed about the Cat 2 and Cat 3 shelters, because if you have a Cat 2
hurricane coming, most people will stay in their homes. Why go to a Cat 2 shelter to
another Cat 2 shelter and not be at home?I have to agree with Councilmember Kuali`i
that you folks have to let us know what this island needs, what is the preferred
solution to this problem, and it is not a Cat 2 shelter. Between the Council and the
Administration has to figure out how to pay for that. The "dome lady" came up, and
yes, she is right, those things are not pretty. In fact, they look "blah," but I tell you
COUNCIL MEETING 32 JULY 31, 2024
what, I would rather go into a "blah" building and be safe then staying in my
single-wall home in Wailua Houselots that actually survived two (2) hurricanes, not
well, but it did, but why would we not be striving to make sure we have safe access
to residents across the island including our houseless community? They have
nowhere to go. They have absolutely nowhere to go. They do not have a Cat 5 shelter;
they need to hang on and pray. Why would we not strive for that? If it is a dome, it is
a dome. If it is a cube, it is a cube. I do not think people will care what it looks like
when they go in for shelter. Many of us have forgotten about Iniki, but we need to
remember it is our duty and obligation to take care of our residents in the event of a
natural disaster.As long as I am on this Council, I can tell you I will support whatever
is needed to make sure we protect our people, and I think I speak for all seven (7) of
us. No one is going to say no, and if we have to maybe ease up on the nice amenities
around the island to make sure we have safe shelters, then to me the amenities wait,
the shelters get priority. That is common sense. Thank you all for being here.
The motion to receive C 2024-144 for the record was then put and unanimously
carried.
Council Chair Rapozo: Let us take a caption break. We have an
Executive Session that we need to get done. Are we going to do it in here? Let us do
this, we will take our caption break now, that will be a ten-minute caption break.
How long is the briefing? Let us do this, caption break until 10:40 a.m., and then let
us say we will reconvene at 11:30 a.m., but unfortunately the Executive Session has
to be held in here, because they need the resources, so you folks will have to vacate
the room. We will reconvene at 11:45 a.m.
There being no objections, the Council recessed at 10:30 a.m.
The meeting reconvened at 12:06 p.m., and proceeded as follows:
C 2024-145 Communication (07/03/2024) from the Director of Finance,
requesting Council approval to accept, after the fact, travel-related reimbursed
expenses from the International Association of Assessing Officers (IAAO) to attend
the 2024 National Association of Counties (NACo) Annual Conference and
Exposition.
Councilmember Kuali`i moved to approve C 2024-145, seconded by
Councilmember Kagawa.
Council Chair Rapozo: Is there any discussion or public testimony?
Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to approve C 2024-145 was then put, and unanimously carried
(Councilmember DeCosta was noted as silent (not present), but shall be recorded
as an affirmative for the motion).
COUNCIL MEETING 33 JULY 31, 2024
Council Chair Rapozo: The motion is carried. Next item, please.
C 2024-146 Communication (07/04/2024) from Elliott K. Ke, Assistant Chief of
Police, Police Operations Bureau, requesting Council approval to accept funding from
the Enhanced 911 (E-911) Board, in the amount of$933,070.00, for annual recurring
and non-recurring expenditures to operate 911 services as part of the Kaua`i Police
Department's (KPD's) Public Safety Answering Point (PSAP) and the Alternate
Dispatch Center (ADC).
Councilmember Kuali`i moved to approve C 2024-146, seconded by
Councilmember Cowden.
Council Chair Rapozo: Is there any discussion or public testimony?
Councilmember Cowden: I have a question.
Council Chair Rapozo: Okay.
There being no objections, the rules were suspended.
ELLIOTT K. KE, Assistant Chief of Police, Police Operations: Good
afternoon, Council Chair and Councilmembers.
(Councilmember DeCosta was noted as present.)
Councilmember Cowden: Hello. Thank you for always doing an excellent
job. Nine hundred thirty-three thousand dollars ($933,000) is a good amount of money
to be receiving, so I am thankful that you make that effort.Are there any improvements
or differences? Is this expanding the services that you already provide or is this
continuing to fund what you already provide?
Mr. Ke: Elliott Ke for the record, KPD. That is a good
question. These funds will primarily be used for maintaining the current services that
we provide, including our technologies and our 911 VIPER and Intrado emergency
warning systems.
Councilmember Cowden: Is this a payroll for the dispatch?
Mr. Ke: It is not. These funds cannot be used for
funding positions, overtime, or those types of expenses.
Councilmember Cowden: When it says, "Alternate Dispatch Center,"
where is the County's Alternate Dispatch Center?
Mr. Ke: Our backup dispatch center is located at the
Pi`ikoi building.
Councilmember Cowden: Okay. Thank you. Those are my questions.
COUNCIL MEETING 34 JULY 31, 2024
Mr. Ke: You are welcome.
Council Chair Rapozo: Thank you. Are there any more questions? If
not, thank you. Is there anyone else in the audience wishing to testify? Seeing none.
There being no one present to provide testimony, the meeting was called back to
order, and proceeded as follows:
Council Chair Rapozo: Is there any further discussion?
The motion to approve C 2024-146 was then put, and unanimously carried.
Council Chair Rapozo: The motion is carried. Next item, please.
C 2024-147 Communication (07/07/2024) from the Deputy Director of
Planning, requesting Council approval to accept and expend additional funds from
the Federal Highway Administration (FHWA) and the Hawai`i State Department of
Transportation (HDOT) in the amount of $6,650.00, for a total project budget
of $551,098.00, to establish a County Safe Routes to School Program and an
Administrator. The initial specified amount approved during the March 13, 2024
Council Meeting was $544,448.00.
Councilmember Kuali`i moved to approve C 2024-147, seconded by
Councilmember Carvalho.
Council Chair Rapozo: Is there any discussion or public testimony?
Councilmember Cowden: I have a question, but they are not here, right?
Councilmember Kagawa: The Planning Department is here.
Council Chair Rapozo: This is just to increase the original request by
six thousand dollars ($6,000).
Councilmember Cowden: By six thousand dollars ($6,000)?
Council Chair Rapozo: We already approved...
Councilmember Cowden: Okay, there it is. I have no questions.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to approve C 2024-147 was then put, and unanimously carried.
Council Chair Rapozo: The motion is carried. Next item, please.
COUNCIL MEETING 35 JULY 31, 2024
C 2024-148 Communication (07/09/2024) from Council Chair Rapozo,
transmitting for Council consideration, A Bill For An Ordinance Amending
Chapter 5A, Kaua`i County Code 1987, As Amended, Relating To Property Tax,
allowing lessees of a state-owned property used for residential purposes to qualify for
a beneficial tax rate and the assessment cap.
Councilmember Kuali`i moved to receive C 2024-148 for the record, seconded by
Councilmember Carvalho.
Council Chair Rapozo: This is just the Communication; the Bill will
come up later. Is there anyone in the audience wishing to testify? We will take the
testimony now. If not, is there any further discussion? Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to receive C 2024-148 for the record was then put, and unanimously
carried.
Council Chair Rapozo: The motion is carried. Next item, please.
C 2024-149 Communication (07/16/2024) from Elliott K. Ke, Assistant Chief of
Police, Police Operations Bureau, requesting Council approval to receive and expend
Fiscal Year 2023 STOP Violence Against Women Act (VAWA) formula grant, in the
amount of $31,000.00, and to indemnify the State of Hawai`i, Department of the
Attorney General, project award No. 15JOVW-23-GG-00569-STOP, to continue to
provide program support for the Sexual Assault Nurse Examiners (SANE) program
related to training and equipment needs, for the anticipated period of June 1, 2024
to May 31, 2025.
Councilmember Kuali`i moved to approve C 2024-149, seconded by
Councilmember Cowden.
Council Chair Rapozo: Do you have questions? Does anyone have
questions?
Councilmember Cowden: I do not have any questions. I was just going to
appreciate that it is continuing, and thank you very much, Lieutenant Morita.
Council Chair Rapozo: Thank you. Is there any other discussion? Is
there anyone in the audience wishing to testify? Seeing none. Is there any further
discussion?
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to approve C 2024-149 was then put, and unanimously carried.
Council Chair Rapozo: The motion is carried. Next item, please.
COUNCIL MEETING 36 JULY 31, 2024
C 2024-150 Communication (07/17/2024) from the County Engineer,
transmitting for Council consideration, A Bill For An Ordinance Amending
Chapter 12, Kaua`i County Code 1987, As Amended, Relating To The Building Code.
Councilmember Carvalho moved to receive C 2024-150 for the record, seconded
by Councilmember Kuali`i.
Council Chair Rapozo: Again, this is the Communication. Is there
anyone in the audience wishing to testify? We will take your testimony up front.
Seeing none, is there any discussion on the Communication? Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to receive C 2024-150 for the record was then put, and unanimously
carried.
Council Chair Rapozo: The motion is carried. Next item, please.
C 2024-151 Communication (07/17/2024) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance Authorizing The
Issuance Of Tax-Exempt General Obligation Bonds To Refund The Outstanding
Taxable General Obligation Bonds, Series 2010A Of The County Of Kaua`i.
Councilmember Kuali`i moved to receive C 2024-151 for the record, seconded by
Councilmember Carvalho.
Council Chair Rapozo: Again, this is the Communication, the Bill will
come up later. Is there anyone in the audience wishing to testify? Seeing none, is there
any further discussion on the Communication? Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to receive C 2024-151 for the record was then put, and unanimously
carried.
Council Chair Rapozo: The motion is carried. Next item, please.
C 2024-152 Communication (07/19/2024) from Council Chair Rapozo and
Councilmember Kagawa, transmitting for Council consideration, A Bill For An
Ordinance Amending Chapter 5A, Kaua`i County Code 1987, As Amended, Relating
To Real Property Tax, and A Bill For An Ordinance Amending Ordinance
No. B-2024-896, As Amended, Relating To The Operating Budget Of The County Of
Kaua`i, State Of Hawai`i, For The Fiscal Year July 1, 2024 Through June 30, 2025,
By Revising The Amounts Estimated In The General Fund.
Councilmember Kuali`i moved to receive C 2024-152 for the record, seconded by
Councilmember Cowden.
COUNCIL MEETING 37 JULY 31, 2024
Council Chair Rapozo: This is just the Communication, but I will let
you know that I will be asking for a motion to receive this Bill when it comes up. The
Department of Finance is here. If they have any objections, they can come up, but I did
have meetings with the Department of Finance and the Tax Manager. The bottom line
is, logistically, it will be very difficult to implement this year, so I am asking that we
receive it at this point, when we get to the Bill, and redo it and resubmit it in the next
several months. You were a co-introducer, Councilmember Kagawa.
Councilmember Kagawa: I concur. Thank you, Chair, for your
explanation. They are having difficulty hiring. They are short staffed to even do their
current job right now. The Department of Human Resources (HR) is having difficulty
helping the tax office to get their positions filled. To give them more tasks when they
are having difficulty doing their current job is us asking for trouble, so we need to make
sure that HR will work with this department to find unique ways of trying to fill the
vacancies, otherwise even the current jobs will be in trouble. Thank you, Chair.
Council Chair Rapozo: Councilmember Cowden.
Councilmember Cowden: Since they are in the room, I have put out word,
too, and I think we need to push even harder with our State delegation to change how
the Bureau of Conveyances handles this, because I think if the Bureau of Conveyances
can handle it, it would be less of a problem for the County's real property tax, and when
this really needs to be able to change the usage of the land and the tax thing is when it
is sold, because when something goes from a transient vacation rental (TVR) into
ownership, especially to an owner-occupant home, that is when we need it changed, so
that they can get the mortgage. It seems like the State has constrained the hands of the
Department of Finance that exhausts our staff and our residents, so when we are
working on it in the next few months, I would really like to work it at a State level, too.
If the Department of Finance can, at least help me understand in a separate meeting,
where they see a pathway, because that is where I see the problem really is and it is
crazy. It is crazy that we do not have an ability to change the tax class when a property
is sold.
Council Chair Rapozo: Thank you. Is there any other discussion? Is
there anyone in the audience wishing to testify?Again, this is the Communication.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to receive C 2024-152 for the record was then put, and unanimously
carried.
Council Chair Rapozo: The motion is carried. Next item, please.
COUNCIL MEETING 38 JULY 31, 2024
CLAIMS:
C 2024-154 Communication (07/03/2024) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Gregory T. Dominique, for personal
property, property damage, and loss of revenue pursuant to Section 23.06, Charter of
the County of Kaua`i.
C 2024-155 Communication (07/08/2024) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Michal Nakashima, for damage to her
vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i.
C 2024-156 Communication (07/15/2024) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Petrina S. Blakely, for vehicle damage,
pursuant to Section 23.06, Charter of the County of Kauai.
C 2024-157 Communication (07/15/2024) from the County Clerk, transmitting
a claim filed against the County of Kauai by Yetunde A. Ogunsanya-Thompson, for
vehicle damage, pursuant to Section 23.06, Charter of the County of Kauai.
Councilmember Kuali`i moved to refer C 2024-154, C 2024-155, C 2024-156, and
C 2024-157 to the Office of the County Attorney for disposition and/o report back
to the Council, seconded by Councilmember Cowden.
Council Chair Rapozo: Is there any discussion or public testimony?
Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to refer C 2024-154, C 2024-155, C 2024-156, and C 2024-157 to
the Office of the County Attorney for disposition and/or report back to the
Council was then put, and unanimously carried.
Council Chair Rapozo: The motion is carried. Next item, please.
COMMITTEE REPORTS:
COMMITTEE OF THE WHOLE:
A report (No. CR-COW 2024-17) submitted by the Committee of the Whole,
recommending that the following be Approved on second and final reading:
"Bill No. 2923 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2024-896 AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII,
FOR THE FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, BY
REVISING THE AMOUNTS ESTIMATED IN THE PUBLIC ACCESS, OPEN
SPACE, NATURAL RESOURCES PRESERVATION FUND,"
COUNCIL MEETING 39 JULY 31, 2024
A report (No. CR-COW 2024-18) submitted by the Committee of the Whole,
recommending that the following be Approved on second and final reading:
"Bill No. 2924 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2024-897 AS AMENDED, RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAI`I,
FOR THE FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, BY
REVISING THE AMOUNTS ESTIMATED IN THE PUBLIC ACCESS, OPEN
SPACE, NATURAL RESOURCES PRESERVATION FUND—CIP,"
Councilmember Kuali`i moved for approval of the reports, seconded by
Councilmember Carvalho.
Council Chair Rapozo: Is there any discussion or public testimony?
Seeing none.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion for approval of the reports was then put, and unanimously carried.
Council Chair Rapozo: The motion is carried. Next item, please.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2925) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAX (Residential Leases of State-Owned Property)
Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2925) on
first reading, that it be ordered to print, that a public hearing thereon be
scheduled for August 28, 2024, and that it thereafter be referred to the
Committee of the Whole, seconded by Councilmember Cowden.
Council Chair Rapozo: As the introducer, let me say this. Our
Owner-Occupant tax class does not allow month-to-month leases. That is just the law.
That is how we set it up. Unfortunately, for our local residents, and there are just a
few who are long-term lessees of State-owned property, the DLNR property, they are
not able to benefit from the homeowner exemption simply because of the way our
statue is written. This just allows the owner-occupants of State-owned property who
are owner-occupants who are on month-to-month leases to be able to quality for
owner-occupancy.
Councilmember Cowden: I have a question.
Council Chair Rapozo: Go ahead.
COUNCIL MEETING 40 JULY 31, 2024
Councilmember Cowden: I do not know how you can be an
owner-occupant if you do not own the land. Is that the DHHL? I thought we do not
tax them. Is this because they are on long-term, low-income leases?
Council Chair Rapozo: Yes, but they are owners of the lease which
includes the land and the property. This is not like Hawaiian Homes.
Councilmember Cowden: Is this like at Koke`e?
Council Chair Rapozo: No.
Councilmember Cowden: Where would it be?
Council Chair Rapozo: In Kapa`a. The properties are in Kapa`a. They
are pretty much along Old Kapa`a Town, on the inside streets. It is behind Pono Kai
Resort, in that area.
Councilmember Cowden: Okay. Do they own their house?
Council Chair Rapozo: No. They are leasing from the State.
Councilmember Cowden: When the County taxes the State properties,
are they not taxed almost nothing?
Council Chair Rapozo: No. They were getting the owner-occupant
rate because they were owner-occupants, but because the County's Code does not
allow the owner-occupant exemption for month-to-month leases, we had a County
Attorney's opinion that said the County cannot give them the owner-occupant. They
are in a unique class because the State does not give leases for more than
month-to-month.
Councilmember Cowden: I know it has been said a number of times on
the floor that they do not want to do something for a small group of people. I am not
among them. Are we going to make a change that will benefit a small group of people,
and it sounds like it is consistent with what our policies would be otherwise?
Council Chair Rapozo: That is correct. It is not about helping a small
group of people. It is that these people are owner-occupants, they have been in their
properties for several decades, and they have been in that class. It was just a recent
County Attorney's opinion that took them out of the owner-occupant because of the
language in the statute.
Councilmember Cowden: Okay.
Council Chair Rapozo: It is not as though we are giving a new benefit
to them. We are restoring the benefit that was there.
Councilmember Cowden: What was the norm.
COUNCIL MEETING 41 JULY 31, 2024
Council Chair Rapozo: The increase in taxes was tremendous
because it bumped them out of the owner-occupant.
Councilmember Cowden: This is going to restore it back to the...go back
to the rate that they were? I mean, the assessment value.
Council Chair Rapozo: This will put them back in the
owner-occupant, so they will be assessed, it will be subject to the cap and the lower
tax rate.
Councilmember Cowden: But if they jumped in their assessment, are
they going to go back to where they were?
Council Chair Rapozo: This has a three-year retroactive clause in it,
so it will go back three (3) years. Councilmember Kagawa.
Councilmember Kagawa: I am in total support of the idea to...because
of language, to take away this large tax burden that they have now because of a
technicality. It is the same thing as those young, first-time homebuyers who have a
piece of land in a Residential area and are getting "whacked on the taxes" until they
build a house and live in it. How is that fair when people live in their houses that
have the cheapest rate there is, but is still sort of expensive in today's world, but if
you have a piece of land, it is your first-time building a home, and you are getting
taxed double or triple? I think something needs to be done. We keep saying it is
because we do not want the Zuckerberg's or whomever to get these tax rates, but it
does not mean you make people who cannot afford it or are trying to build their first
house to remain living on Kaua`i rather than move to the Mainland, and we are going
to tax them double or triple of the residents who have people living in it and
burdening the area? I am just saying that this makes sense because it gets them to
pay what taxes they should pay. It is not a tax above what they should pay.
Councilmember Cowden: When you are talking about vacant
Residential land, is that a different bill that you are speaking of, even though that
would be a good thing?
Councilmember Kagawa: I am just talking about the same inequalities
that apply, because we are saying it is because we do not want the large landowners
to get away. No. It is wrong, and we should find a way to help our young local
residents, not hurt them...not affordable housing residents.
Councilmember Cowden: Or any age?
Councilmember Kagawa: Any age. Local residents.
Council Chair Rapozo: I think the solution to this is just having the
State do long-term leases. I do not know why it is this month-to-month nonsense. Just
think about the paperwork and manpower to do month-to-month renewals. What the
heck? Come on, State. I am trying to get in someone's ear up there, but it is crazy.
They are doing month-to-month for people who have been living there for thirty (30)
COUNCIL MEETING 42 JULY 31, 2024
years. For thirty (30) years, it has been the same people. It is grandma, mom, and
now it is me, and all of a sudden you are telling me I am not an owner-occupant
because the State is saying I am on a month-to-month lease. The solution is to get the
State to extend the lease. The bandage is this, so we need to try to work cooperatively
with our State and get them to extend the lease. To me, that is the way we do it. Is
there anyone in the audience wishing to testify? If not, is there any further
discussion?
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion for passage of Proposed Draft Bill (No. 2925) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
August 28, 2024, and that it thereafter be referred to the Committee of the
Whole was then put, and carried by the following vote:
FOR PASSAGE: Bulosan, Carvalho, Cowden, DeCosta,
Kagawa, Kuali`i, Rapozo TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— O.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Rapozo: Thank you. Next item, please.
Proposed Draft Bill (No. 2926) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 12, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
BUILDING CODE
Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2926) on
first reading, that it be ordered to print, that a public hearing thereon be
scheduled for August 28, 2024, and that it thereafter be referred to the Public
Works &Veterans Services Committee, seconded by Councilmember Carvalho.
Council Chair Rapozo: Yes, could I have someone come up to give us
an overview?
There being no objections, the rules were suspended.
Council Chair Rapozo: I do not want any presentations today. I just
want the overview, so the public can understand this Building Code, what we are
trying to accomplish with it, and have the discussion and work done in the committee
meeting.
TROY K. TANIGAWA, County Engineer: Troy Tanigawa, for the record.
This draft Bill essentially does two (2) things. The first is, that it adopts a set of
International Building Code, the 2018 version. This brings the code, the County's
adoptions formally of this code, to match what the State has adopted, and it has been
COUNCIL MEETING 43 JULY 31, 2024
in effect since its mandatory adoption per the HRS. The second thing that this Bill
does is that it removes the administrative provisions from sort of being combined in
old fashion as it is now in the current code into separate article, so essentially, this
helps clarify things for this administrative provisions that separates it from the rest
of the code that could be subject to future adoptions, but it gives its own section, so
that it survives other versions of the code that changed and eventually, get adopted
by the County. It will only change when the Administration decides to submit a bill
to revise the Administrative provision. For example, permit fees and other such
things. Another thing that this Bill does is, it adopts local amendments and aligns
and is consistent with what is being enforced
Council Chair Rapozo: Are there any questions? Councilmember
Cowden.
Councilmember Cowden: This was a question that came from a
well-informed person in an email. Is there currently an existing appeal board on this
building permit process or building code? If so, will it continue with this shift?
Mr. Tanigawa: We are in the process of reviving the appeal
board. Right now, there is not an appeal board. I believe that there has not been an
appeal board since 2014 or 2016.
Councilmember Cowden: Okay, thank you.
Council Chair Rapozo: Councilmember DeCosta.
Councilmember DeCosta: Thank you for the tremendous work on this
Bill. When you speak about the State ordinance that is going to be in compliance, do
we have a section of provisions specifically for Kaua`i? I want to make sure those are
in this Bill.
Mr. Tanigawa: Yes.
Councilmember DeCosta: Thank you for that, Mr. Tanigawa.
Council Chair Rapozo: Councilmember Kagawa.
Councilmember Kagawa: Thank you, Troy, Boyd and Leo, for joining me
in a meeting and briefing me on this Bill. My past years as Chair of Public Works, I
supported and opposed many of the ideas coming out of the Building Division over
the years. Not to say that I have agreed with some of the changes, but sometimes, it
comes down to what we hear from the local contractors and residents who know the
code and impact. One of the questions I received is that there is concern about passage
of this new Building Code Bill that will affect the cost of building to residential
homeowners. Has that question been determined and by how much do we project the
adoption of this to affect the building cost of a typical residential home?
Mr. Tanigawa: I do not know of any provision that has been
raised in particular or a specific thing. This code that we are proposing for adoption
COUNCIL MEETING 44 JULY 31, 2024
is basically what is being enforced now. What is in place now is what the State
Building Code Council adopted. The only thing that is not there are the specific local
amendments, Kaua`i amendments. This Bill includes those Kaua`i amendments that
I think best aligns the code to what Kaua`i needs and what residents pay for. There
are some provisions in here that make certain code requirements that are in place
now, optional. That actually reduces construction costs for those that feel they need
certain things that other homes typically do need for energy conservation and things
like that.
Councilmember Kagawa: For those concerned that will have to deal
with a lot of those changes, like the Contractors Association of Kaua`i, they are going
through these pages with a fine-tooth comb. Can you please ask Leo to work with
them as we go through and answer some of those questions as we move forward?
Mr. Tanigawa: Yes.
Councilmember Kagawa: It is better for us when it hits public hearing
or a committee meeting and these types of questions are being answered rather than
the Council being told that it is going to affect costs in the end and when it hits
committee or second reading, it is difficult to support when we have people that we
trust out in the community, in the industry, telling us to be careful because it is going
to increase the cost of homes. We already know how outrageous those costs are.
Mr. Tanigawa: Will do.
Councilmember Kagawa: Thank you.
Council Chair Rapozo: Are there any other questions for
Mr. Tanigawa. If not, thank you. Is there anyone in the audience wishing to testify?
Seeing none, calling the meeting back to order.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Council Chair Rapozo: I will just say that the Public Hearing is set
for one (1) month from today, August 28, 2024 and the committee meeting following
that will have the discussion, so I would encourage all the members, and you
mentioned the contractors, speak to the people, and try to get as much information
as we can, so we can have the discussion with the Administration, DPW, and the
Building Division before we get to the committee. If there are any revisions that we
need to make, I know there are some proposals that are coming across for this draft,
that obviously I will support because if it does significantly reduce the cost for our
local builders, but there may be other things out there that they are aware of and we
are not, so try to get as much as you can from stakeholders. Councilmember DeCosta.
Councilmember DeCosta: Thank you, Councilmember Kagawa, for
being cognitive of that. I have been in contact with numerous small contractors and
homeowners are concerned about the energy efficient cost that we are moving toward,
going green, so I have some Kaua`i provisions and language that we will be inserting
COUNCIL MEETING 45 JULY 31, 2024
and discussing, and it will significantly reduce the cost of how of these will be
optional. I want to ensure the Council that when we have the committee meeting,
that discussion will take place.
Council Chair Rapozo: It will reflect.
Councilmember DeCosta: Thank you.
Council Chair Rapozo: Thank you. Councilmember Kagawa.
Councilmember Kagawa: I think that is where the concerns are coming
from. I think having Leo contact some that have concerns and I think they have been
talking, but even after those conversations, some of them are still concerned. We are
still receiving the calls to be very careful with this Bill. Again, I just want to reiterate
that I tend to lean on leaving things the same if there are concerns being brought up.
I would not vote for increasing cost or regulations if I can prevent it.
Councilmember Cowden: My comment might require Mr. Tanigawa to
give an answer. First of all, thank you to the Building Division and DPW for spending
an hour on the phone with me, and meeting with me, and helping me to understand
because this is complicated. My understanding was that this was a State action that
is causing us to have to move it into the County Code. Is that correct?
Council Chair Rapozo: Well, we have to adopt the code.
Councilmember Cowden: Then it is not like it is a choice.
Council Chair Rapozo: The local amendments are the opportunity for
us to implement local changes...I will suspend the rules. Go ahead.
There being no objections, the rules were suspended.
Mr. Tanigawa: Correct, Council Chair Rapozo. The statute
requires that the County formally adopt the code two (2) years after the State
Building Code Council adopts a code. That is a given and I believe that there is
another section that requires the State to enforce certain building codes after a
certain period. The agency responsible for promulgating the codes, publishes them.
Either way, the State of Hawai`i would have to enforce updated versions of the
building code, from what I understand.
Councilmember Cowden: For my understanding, there is a building
code change that I would like to see happen, but right now is not the time for me to
create that. It is better to let this come through and then when special things happen,
they should happen separately. We discussed that.
Mr. Tanigawa: Yes.
Councilmember Cowden: Then it would not even be in this Bill, or could
it?
COUNCIL MEETING 46 JULY 31, 2024
Council Chair Rapozo: I think if we are going to make changes to this
Building Code, would this not be the time? I am asking, I do not know. I heard you
say that it is okay, but it is not like we could pass this Building Code and then
three (3) months from now, change it. My recommendation is to work on any potential
amendments at the committee level, that we do not rush things, get all the concerns
in, and then act on the concerns through the amendments. If it passes, it passes, but
I do not suggest that we pass this Bill and come back later with make amendments.
This is a building code. It is a little different because are mandated to adopt the State
code. This is not a County-made bill, like the leasehold bill. We created that
amendment to the County Code. Basically, we are mandated to adopt the State code
that happens every...how often does that happen?
Mr. Tanigawa: It all depends on when the Building Code
Council reviews it and adopts, but it goes even further to the Federal, where the
International Building Code Council's publishing of the codes. I believe, after a
certain time, that the State needs to adopt that.
Council Chair Rapozo: If there is anything in this Building Code that
needs to be amended or added, now would be the time to do it. If something pops up
afterwards, then we do what we need to do.
Councilmember Cowden: Okay, thank you.
Mr. Tanigawa: We are prepared to do the work, before or at
the committee meeting.
Council Chair Rapozo: I would suggest that if anyone has ideas,
please work with Leo and Mr. Tanigawa because this is it. We want to make sure
that they understand and work with them to come up with these amendments. I am
not saying to get their acceptance but work with them to ensure that it is not covered
in one of those sections in those several hundred pages.
Mr. Tanigawa: Another thing to point out is that the
Governor's proclamation regarding the affected Building Code Council caused the
Code Council to not adopt further code amendments. When the Code Council reviews
the International Code, they adopt State amendments that are consistent with what
Hawai`i needs. Without our County adoption, we do not have the amendments that
we need to be able to do construction that the local conditions require. It is important
for us to get through this process in a fairly timely basis so that we have our local
amendments that we can use and enforce legally.
Council Chair Rapozo: Thank you. Are there any other questions for
Mr. Tanigawa? If not, thank you. Mr. Hart
Mr. Hart: For the record, Bruce Hart. I understood. I
looked at it. It is two hundred eighty-seven (287) pages. It is a book, and my
understanding is that the International Building Code is based in America. It is a
group of individuals that recommend a certain building code and there is the option
of each local community or county to amend to meet their needs. Like Councilmember
COUNCIL MEETING 47 JULY 31, 2024
Kagawa stated, this is Hawaii, so not all of the International Building Codes apply
to a tropical climate. It is my understanding that this is the time to have all the
Councilmembers understand this code because, and this is a question that I have
maybe for Mr. Tanigawa, if we do not amend certain parts of the International
Building Code, do we have to comply with those by default? Thank you.
Council Chair Rapozo: Is there anyone else in the audience wishing
to testify? Seeing none, I will call the meeting back to order.
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Council Chair Rapozo: Is there any further discussion?
Councilmember Kagawa.
Councilmember Kagawa: Again, I do not think that it is the DPW,
Engineering and Building Superintendent's responsibility to educate us on the
building code because we need to stop thinking that we can micromanage things. We
cannot. The majority of us do not know much about the Building Code. It is their job
to work with the contractors, Contractors' Association of Kaua`i, and all these folks
that have concerns and are worried. Any time that they see "new," they are worried
that they are going to be building houses for more. We can talk about the
International Building Code, but the mainland is far different from us. They can
build a big, custom-made, three-bedroom house for one hundred fifty thousand
dollars ($150,000). Here, the same house would cost four hundred fifty thousand
dollars ($450,000). It is totally different. When folks on the mainland say that they
adopted these changes, they can adopt stronger, more energy efficient, cooler houses,
but the cost of them implementing those changes is minute compared to how these
changes will affect someone building a house in Hawai`i. When contractors say that
they are worried about building houses and charging clients more, they are worried
about their own families who need to build, too. These are experts who build houses
daily in Pikake and anywhere. We need to let the Building Division speak to the local
contractors. Karen from the Contractors' Association of Kaua`i can give them names
of folks who know the code and effect of changes to settle their minds, so that our job
becomes easier. It is not for us to understand the Building Code, we do not build
houses. We work here. Thank you, Chair.
Council Chair Rapozo: Thank you. Is there anything else?
Councilmember Carvalho.
Councilmember Carvalho: For Karen folks, it is important. I want to
re-enforce that communication happens because we can talk about it over and over,
but you folks need to make the connection and ensure that the contractors have a say
and have their mana`o on the table. I have gotten numerous calls; I am sure all of us
have. That is an important part, and we will find out. We will come back, and make
sure that it happens.
Council Chair Rapozo: They did meet. I can tell you that the
Administration has met. In fact, I was supposed to be at that meeting, but I could not
COUNCIL MEETING 48 JULY 31, 2024
make it because I had another engagement, but they did meet yesterday with the
Contractors'Association of Kaua`i, Leo, Mr. Tanigawa and everyone, but that was my
point. We need to find out from the stakeholders because I agree with you one
hundred percent (100%), Councilmember Kagawa. If we do not need it and it raises
the cost of construction of a house, let us take it out. It is that simple. The prices when
the International Building Code folks put their heads together and came up with
these things, they did not have be worried about that cost because it is doable up
there. It is not here.
The motion for passage of Proposed Draft Bill (No. 2926) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
August 28, 2024, and that it thereafter be referred to the Public Works &
Veterans Services Committee was then put, and carried by the following vote:
FOR PASSAGE: Bulosan, Carvalho, Cowden, DeCosta,
Kagawa, Kuali`i, Rapozo TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— O.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Rapozo: Next item, please.
Proposed Draft Bill (No. 2927) — A BILL FOR AN ORDINANCE
AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING
BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF REFUNDING
CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS; FIXING OR
AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS,AND CERTAIN
OTHER DETAILS OF SUCH REFUNDING BONDS AND PROVIDING FOR THE
SALE OF SUCH BONDS TO THE PUBLIC; PROVIDING FOR THE RETIREMENT
OF THE BONDS TO BE REFUNDED; AND AUTHORIZING THE TAKING OF
OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE
REFUNDING BONDS AND THE RETIREMENT OF THE BONDS TO BE
REFUNDED
Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2927) on
first reading, that it be ordered to print, that a public hearing thereon be
scheduled for August 28, 2024, and that it thereafter be referred to the
Committee of the Whole, seconded by Councilmember Carvalho.
Council Chair Rapozo: Can someone come up and give us a briefing?
It is a large title for the public. Broad overview, this is basically a refinance.
There being no objections, the rules were suspended.
Ms. Lizama: Good afternoon. Michelle Lizama, Director of
Finance. General overview of this Bill authorizes the Director of Finance and the
Department of Finance to refinance a current Bond. We are not going out for a new
COUNCIL MEETING 49 JULY 31, 2024
bond; we are just refinancing. This Bill allows us to get ready, so we are set and ready
to go when the market is.
Council Chair Rapozo: Saving money?
Ms. Lizama: Yes.
Council Chair Rapozo: Are we getting new money?
Ms. Lizama: No.
Council Chair Rapozo: Is this a benefit to the taxpayer?
Ms. Lizama: Sure, we are saving money, yes.
Council Chair Rapozo: Councilmember Cowden, did you have a
question?
Councilmember Cowden: No, I appreciated the conversation. We spoke
yesterday, it was a very excellent conversation. I would like to shout out our relatively
new Treasurer. A lot of excellent background.
Council Chair Rapozo: Thank you. You met with all the
Councilmembers individually. I think that helped a lot. The public does not have that
benefit, so I want to...honestly, if you read this, you do not understand it. I just
wanted the people to understand what this was before we moved it to public hearing.
Are there any other questions for the Department of Finance? If not, thank you.
Seeing none, calling the meeting back to order.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
The motion for passage of Proposed Draft Bill (No. 2927) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
August 28, 2024, and that it thereafter be referred to the Committee of the
Whole was then put, and carried by the following vote:
FOR PASSAGE: Bulosan, Carvalho, Cowden, DeCosta,
Kagawa, Kuali`i, Rapozo TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — O.
Ms. Tanigawa: Seven (7) ayes.
Council Chair Rapozo: Thank you. Next item, please.
COUNCIL MEETING 50 JULY 31, 2024
Proposed Draft Bill (No. 2928) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAX (RPT Mid-Year Adjustments Tax Credit)
Councilmember Kuali`i moved to receive Proposed Draft Bill (No. 2928) for the
record, seconded by Councilmember Carvalho.
Council Chair Rapozo: Is there any discussion or public testimony?
Seeing none, roll call.
There being no one preset to provide testimony, the meeting proceeded as
follows:
The motion to receive Proposed Draft Bill (No. 2928) for the record was then
put, and carried by the following vote:
FOR RECEIPT: Bulosan, Carvalho, Cowden, DeCosta,
Kagawa, Kuali`i, Rapozo TOTAL— 7,
AGAINST RECEIPT: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— O.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Proposed Draft Bill (No. 2929) —A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2024-896, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND
Councilmember Kuali`i moved to receive Proposed Draft Bill (No. 2929) for the
record, seconded by Councilmember DeCosta.
Council Chair Rapozo: Is there any discussion or public testimony?
Councilmember Cowden: Yes.
Council Chair Rapozo: Okay.
Councilmember Cowden: I just want to make sure that I really
understand what this is. I am just pulling it in front of me, again, for a second.
Council Chair Rapozo: This is the companion Bill to the Proposed
Draft Bill that we just received.
Councilmember Cowden: Okay.
Council Chair Rapozo: This is the funding Bill and the positions Bill.
COUNCIL MEETING 51 JULY 31, 2024
Councilmember Cowden: Alright.
Council Chair Rapozo: Go ahead.
Councilmember Kagawa: Again, these were great intentions, but I
guess the tax office will let us know when they are ready, and we can entertain it at
that time, but right now, they are not ready, right?
Council Chair Rapozo: Yes. Maybe with the new Tax Manager...I
should bring him up here, but anyway. Should I bring him up here?
There being no objections, the rules were suspended.
Council Chair Rapozo: Scott Teruya is the new Tax Manager. We had
some discussions, and he was very open and honest about the capabilities. There are
some problems with just hiring and finding people to even apply. I do not want to get
into that whole discussion, but that is something that we, as a Council, need to look
into as far as HR is concerned, because we need to start giving the Departments the
ability to hire. Scott did share with me that he is willing to take the next year and
look at the data. To collect and analyze the data of what the impacts would be. Scott,
maybe this is a good time for you to introduce yourself.
SCOTT TERUYA, County Real Property Tax Manager: Good afternoon,
Chair Rapozo, Vice Chair Kuali`i. Scott Teruya, Real Property Tax Manager, six (6)
weeks on the job. The first thing that I did when I came in is I met with the entire
staff and the individual sections just to go over the things that they were doing, who
is doing what, etcetera. Just because you have a position that I believe is doing
something, every county does it a little different. I had an opportunity to talk with
the staff, I identified who does what, where they are at, what they are behind on,
etcetera. I also read the IAAO audit that was provided to the County, I believe
two (2)years ago or so. I looked at that. There are significant flaws within the Division
that we are trying to work on regarding reorganization of positions to where they
need to be, revised position descriptions (PDs)...some PDs went back to '80s. We no
longer use typewriters, etcetera, so just updating some of the things that we have and
trying to"future-proof' the Division in making moves that will be more proactive than
reactive. One of the things is to address is vacancies, which is some of the problems,
but there are also not enough personnel to begin with. Even though we had
filled...even this Bill, it would be difficult for the staff to process. A midyear tax bill
is manual. This is not automated by the system. This is a really big manual effort on
the Collections Division side and the clerical side, so there are two (2) different
sections. Even if we had filled the two (2) vacancies—one (1) in each section—they
are still behind, so by creating this midyear, when we normally do not process
applications, just cripples it, because come May and June, you are actually doing all
your ownership updates and your rushes, so that you can send out the tax bills to the
right people. Even though it seems good on paper, and it is nice for the taxpayer, it is
not nice for the staff. That is sort of the situation we are in right now. As
Councilmember Kagawa mentioned, it is just difficult to get applicants, to be honest
with you. We have two (2) vacancies at the lower level. It is a clerk, and there are no
applications. It is not like we are doing anything wrong. We just cannot find anyone
COUNCIL MEETING 52 JULY 31, 2024
to fill the position. That is the struggle we are having right now. There are a lot of
position descriptions that we are changing. Because we are a smaller county, there
are few positions that need to be experts in everything. We are trying to revise the
PDs so that this is a little bit more overlap, so that we can process when someone is
not in. Those are the things that we are experiencing in the office. Thank you, Chair.
Councilmember Cowden: I have a question. What does PD stand for?
Mr. Teruya: Position description. My apologies.
Councilmember Cowden: Alright.
Council Chair Rapozo: Thank you, Scott. I appreciate that.
Councilmember Kagawa: Thank you.
Council Chair Rapozo: Are there any other questions for Scott?
Thank you. Is there any further discussion? Let us do roll call.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
The motion to receive Proposed Draft Bill (No. 2929) for the record was then
put, and carried by the following vote:
FOR RECEIPT: Bulosan, Carvalho, Cowden, DeCosta,
Kagawa, Kuali`i, Rapozo TOTAL— 7,
AGAINST RECEIPT: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL— O.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Rapozo: Next item, please.
BILLS FOR SECOND READING:
Bill No. 2923 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2024-896 AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, BY REVISING THE AMOUNTS
ESTIMATED IN THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES
PRESERVATION FUND
Councilmember Kuali`i moved for adoption of Bill No. 2923 on second and final
reading, and that it be transmitted to the Mayor for his approval, seconded by
Councilmember Carvalho.
COUNCIL MEETING 53 JULY 31, 2024
Council Chair Rapozo: Is there any discussion or public testimony?
Go ahead.
Councilmember Cowden: I am just going to say I am really excited
about this park in Hanapepe. I think it is a really good move, and I am happy to be
honoring the start of the unions and our history as well as our Filipino community,
even though it is not limited to honoring the Filipino community.
Council Chair Rapozo: Thank you. Councilmember Kagawa.
Councilmember Kagawa: Thank you. When I talk to some of the folks
on the Westside, especially those life-long Hanapepe and `Ele`ele residents, I make it
a point now...that this thing is coming true. A lot of them ask, "What?" They did not
even know, so I explained to them what the parcels are, especially the old ones..."Do
you remember where Kuni's was? On the way going up, leading up to the Heights."
They are all supportive and happy. Some of them do not even know what it is for. I
say it is "the Filipino massacre thing." The older folks know a little bit, but it is really
positive. It is more positive than I had even thought. There is one hundred
percent (100%) support. I think even Penny Holmes is sending out a testimony today.
She has been a wise voice for us over the years. To have her say that she is so glad
that we are acquiring the parcels and memorializing what happened for history and
cultural purposes and keeping it open for others to enjoy and see the history there. I
appreciate the Planning Department for doing that and purchasing a piece of the
Westside. I know there have been acquisitions in the past, North Shore, Po`ipu, so I
am just happy for the Westside community. Thank you to the Planning Department
for their efforts.
Council Chair Rapozo: Thank you. Would anyone else like to share?
Councilmember Kuali`i.
Councilmember Kuali`i: Yes, this is a big deal. Big mahalo nui loa to
the Planning Department, Open Space Commission, even to the voters in the first
place for establishing the fund that puts Public Access Open Space Natural Resources
Preservation Fund that puts the moneys aside, so we can do important things like
this. We will have a small part in the middle of Hanapepe town that will have a
memorial to the Hanapepe Massacre, which was a big part of the labor movement
here on Kaua`i, in the state of Hawai`i, and actually in our county. I am very happy
and proud to support this.
Council Chair Rapozo: Is there any further discussion? Seeing none,
the motion is to approve. Roll call.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
The motion to approve Bill No. 2923 on second and final reading, and that it
be transmittal to the Mayor for his approval was then put, and carried by the
following vote:
COUNCIL MEETING 54 JULY 31, 2024
FOR ADOPTION: Bulosan, Carvalho, Cowden, DeCosta,
Kagawa, Kuali`i, Rapozo TOTAL — 7,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— O.
Ms. Fountain-Tanigawa: Seven (7) ayes. We have one (1) more bill.
Bill No. 2924 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2024-897 AS AMENDED, RELATING TO THE CAPITAL
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, BY REVISING THE AMOUNTS
ESTIMATED IN THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES
PRESERVATION FUND—CIP
Councilmember Kuali`i moved for adoption of Bill No. 2924 on second and final
reading, and that it be transmitted to the Mayor for his approval, seconded by
Councilmember DeCosta.
Council Chair Rapozo: Is there any discussion or public testimony?
Seeing none, the motion is to approve. Roll call.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
The motion to approve Bill No. 2924 on second and final reading, and that it
be transmittal to the Mayor for his approval was then put, and carried by the
following vote:
FOR ADOPTION: Bulosan, Carvalho, Cowden, DeCosta,
Kagawa, Kuali`i, Rapozo TOTAL— 7,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — O.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Rapozo: That is the last item on the agenda. We have
one (1) more Executive Session item. Before we start that meeting, I read a statement
about Councilmember Bulosan and that he was experiencing a disability. After I
thought about it, I said, "Right now, social media is probably going crazy and thinking
that something has happened to Councilmember Bulosan," so I asked him if he
wanted to take a moment of personal privilege to share with the public what is going
on to just calm the rumors. With that, Councilmember Bulosan.
Councilmember Bulosan: Thank you, Council Chair. I appreciate the
opportunity to speak. I acknowledge Chair and my thanks to the staff for allowing
me to phone in. Just to share a brief description of what happened and what I am
experiencing that is a disability...approximately two (2) weeks ago, I had emergency
COUNCIL MEETING 55 JULY 31, 2024
major back surgery to remove a benign tumor on my spine that was pressing on my
spinal cord that was sort of life-threatening at that moment, but with the successful
surgery and the full recovery ahead of me, I am happy to report that I am feeling
much better, and with the help of all of you, God, and everything that has proven to
be positive in my life, I am on the mend, but with the process of healing, it takes time.
Certain functions have to come back, and part of that is my ability to stand, lie down,
and do certain things that normally we will do at our meetings here, so being able to
appear remotely in just two (2) weeks from a surgery, it feels really great to be back
with you folks, and you folks with me, so thank you so much for allowing me to be
back and forth with you folks.
Councilmember Cowden: We are glad that you are fine and that it is
benign.
Council Chair Rapozo: Thank you, sir. Get well.
Councilmember Carvalho: Take care.
Council Chair Rapozo: With that, can you read us into the last
Executive Session item, please?
ES-1131 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf of the Council, the
Office of the County Attorney requests an Executive Session with the Council to
provide the Council with a briefing, discussion, and consultation regarding the
Quarterly Report on Pending and Denied Claims. The briefing and consultation
involves the consideration of the powers, duties, privileges, immunities, and/or
liabilities of the Council and the County as they relate to this agenda item.
Councilmember Kagawa moved to convene in Executive Session for ES-1131,
seconded by Councilmember Cowden.
Council Chair Rapozo: Is there any discussion or public testimony?
Seeing none, roll call.
There being no one present to provide testimony, the meeting proceeded as
follows:
The motion to convene in Executive Session for ES-1131 was then put, and
carried by the following vote:
FOR EXECUTIVE SESSION: Bulosan, Carvalho, Cowden, DeCosta,
Kagawa, Kuali`i, Rapozo TOTAL— 7,
AGAINST EXECUTIVE SESSION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— O.
Ms. Fountain-Tanigawa: Seven (7) ayes.
COUNCIL MEETING 56 JULY 31, 2024
Council Chair Rapozo: With that, we will need to take a break for
lunch for our staff, so let us take a lunch break. We will come back to do the Executive
Session. I am not sure how long that will take. If it is the claims and you know how
long that goes, so let us report back to the Executive Session Chambers at 1:45 p.m.
There being no objections, the meeting recessed at 1:00 p.m. to convene in
Executive Session.
The meeting reconvened at 2:25 p.m., and proceeded as follows:
Council Chair Rapozo: This meeting is called back to order.
Mr. Bracken.
There being no objections, the rules were suspended.
MATTHEW M. BRACKEN, County Attorney: Two (2) Executive
Sessions were held. ES-1131 had to do with pending claims. When claims are
approved, they are put on the Open Session agenda, so nothing needs to be disclosed
at this time. ES-1132 was a briefing from the Federal Bureau of Investigation (FBI)
regarding foreign influence operations and the impact on national security, so
nothing needs to be disclosed with that one either.
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
Council Chair Rapozo: Thank you, sir. With that, this meeting is
adjourned.
ADJOURNMENT.
There being no further business, the Council Meeting adjourned at 2:26 p.m.
1 submitted,
JADE K.` UNTAIN-TANIGAWA
County Clerk
:slr