HomeMy WebLinkAbout07-08-2009 Council Meeting Minutes COUNCIL MEETING
July 8, 2009
The Council Meeting of the Council of the County of Kauai was called to
order by the Council Chair at the Council Chambers, Historic County
Building, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Wednesday, July 8, 2009 at
9:05 a.m., after which the following members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro
Honorable Daryl W. Kaneshiro
Honorable Lani T. Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
APPROVAL OF AGENDA:
Mr. Kaneshiro moved for approval of the agenda as circulated, seconded by
Mr. Kawakami.
Chair Asing: Can you get up please County Attorney?
There being no objections, the rules were suspended.
ALFRED B. CASTILLO, JR., COUNTY ATTORNEY: Good morning Council
Chair, Councilmembers.
Chair Asing: Good morning.
Mr. Castillo: Al Castillo, County Attorney. I noticed on the
proposed... on the agenda and I am referring to the second page C 2009-229. It
involves the personal services contract for all of the employees of the County of
Kauai. I believe that this is... I ask that we defer this matter to the next Council
meeting where it can be properly placed on the executive session rather than in
open because it does involve personnel matters.
Chair Asing: Thank you. That should not be an issue. What we
will do is have a motion to defer it and then we will take care of it at the next
meeting.
Mr. Castillo: Thank you.
Chair Asing: Thank you.
Mr. Furfaro: Mr. Chair, I have one correction.
COUNCIL MEETING - 2 - July 8, 2009
Chair Asing: Yes, go ahead.
Mr. Furfaro: I would like to make my colleagues aware that on
page 3, item C 2009-232, it references the remaining share as being 20%, but in the
correspondence, the actual correspondence on item 232, and the way that the math
works out, that looks like a typographical error, and that should be 20%.
Chair Asing: Okay, what item was that again?
Mr. Furfaro: C 2009-232 on page 3, top of page 3.
Chair Asing: Okay.
Mr. Furfaro: That is my only requested action.
Chair Asing: We will add that as a correction. With that...
The meeting was called back to order, and proceeded as follows:
PETER A. NAKAMURA, COUNTY CLERK: We have a motion and a second~for
approval of the agenda.
Chair Asing: Yes, any discussion? All those in favor say aye?
The motion for approval of the agenda was then put, and unanimously carried.
Chair Asing: Motion carried. Next item please?
Mr. Nakamura: The next matter is approval of the minutes of the
following meetings of the Council.
MINUTES of the following meetings of the Council:
Special Council Meeting of June 10, 2009
Council Meeting of June 16, 2009
Public Hearing of June 16, 2009 re: Bills Nos. 2314, 2315, and 2316
Mr. Bynum moved for approval of the minutes as circulated, seconded by
Mr. Kawakami, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: At this time, we have a request Mr. Chair to take
up on page 2 of the Council's agenda communication C 2009-230.
COUNCIL MEETING - 3 - July 8, 2009
C 2009-230 Communication (06/24/2009) from Councilmember Derek S.K.
Kawakami, requesting agenda time for Paula L. Hartzell, Ph.D., Conservation
Initiatives Coordinator, Hawaii Division of Forestry and Wildlife, to present a
briefing on the State Habitat Conservation Plan (HCP):
Chair Asing: Thank you. With that, what I would like to do is
suspend the rules.
There being no objections, the rules were suspended.
Chair Asing: Derek...
Mr. Furfaro: We are not being rude, but two (2) of us have to
relocate for the presentation.
Chair Asing: Good morning.
PAULA HARTZELL, PH.D. CONSERVATION INITIATIVES COORDINATOR: Good
morning. How are you?
Chair Asing: Good.
Dr. Hartzell: Are we all set?
Chair Asing: Yes, the floor is yours.
Dr. Hartzell: Thank you. Thank you again. My name is Paula
and I work with the State in Honolulu and it is an honor for us to be here today (our
staff). I work with the wildlife program for the State. The folks here today, Andres
Erichsen and Adam Griesemer work here on Kauai. We are here to help with you
and talk with you about endangered and threatened seabird issues on Kauai. As
you all know, Kauai is home to some very, very important populations of seabirds
and I know it is a tradition in Hawaii to take care and malama the land, and your
resources, and you know how important the links are between the mountains and
the sea. So I am going to hand this over to the staff that work here and what we
hope is to present to you some ideas of a program that we are trying to develop that
address important seabird issues, but also make very practical way to avoid harm to
these seabirds, to be affordable... something that the County... you know, you have
to balance all these many concerns for the people that you represent. So I will turn
it over to them and if anytime you have questions for me as well, I will be available.
We had hoped to have Nick Holmes I should say, our seabird researcher here today,
but he was sick, so we apologize that he is not here to answer any technical
questions. Thank you.
Chair Asing: Thank you.
COUNCIL MEETING - 4 - July 8, 2009
ANDREA ERICHSEN, KAUAI SEABIRD HABITAT CONSERVATION PLAN
COORDINATOR: Good morning.
Chair Asing: Good morning.
Mr. Bynum: Good morning.
Chair Asing: For the record, could you state your name. It is for
the captioner in Honolulu.
Ms. Erichsen: Sure. My name is Andrea Erichsen and I am the
Kauai Seabird Habitat Conservation Plan Coordinator here on Kauai.
ADAM GRIESEMER, KAUAI SEABIRD HABITAT CONSERVATION PLANNING
ASSOCIATE: And I am the Kauai Seabird Habitat Conservation Plan (inaudible).
My name is Adam Griesemer. I work with the Division of Forestry and Wildlife
here on Kauai. I am the Kauai Seabird Habitat Conservation Planning Associate.
Chair Asing: Thank you. Go ahead.
Ms. Erichsen: Adam is going to go first.
Mr. Griesemer: So I am going to go ahead and give you guys a
presentation on the nature of the problem that we have on Kauai, and then our
plan as the solution. So I will introduce the problem and then Andre will take over
from there. First, we would like to introduce where our office is located. Andrea and
I are working over on Hardy Street in Lihu`e. It is the white set of buildings behind
Garden Island Barbeque and we also have a website with lots of valuable
information you can find on our plan and on seabirds as well. The website is
www.kauai-seabirdhcp.info and I would like to introduce that because of Hawai`i's
unique geographic location, Hawaii is home to many species which most of their
population lives on the island or all of their populations live on the island and
nowhere else in the world. And these species are especially susceptible to threats
such as hurricane and invasive plants and invasive animals, and of human impacts.
The impacts over time have caused many of the populations to decline to a critical
point. Once the populations... decline to a critical point, they are then moved to a
list that the State and Federal Wildlife agencies hold that is a list of endangered
and threatened species.
So I am going to start off with endangered species. The Endangered Species
Act (ESA) has been Federal law since 1973. The ESA establishes a list of plant and
animal species that are protected under the law. It enforces the protection of these
(inaudible) endangered and threatened species. The State law is the Hawaii
Revised Statutes Section 195D-4. This provides for protection for endangered and
threatened species as well. So (inaudible) species is (inaudible) like I mentioned is
it reaches critical point in its population. Its living thing is likely to become extinct.
COUNCIL MEETING - 5 - July 8, 2009
It is closer to extinction than a threatened species, so it needs greater protection. A
threatened species is likely to become endangered, so we manage threatened species
to prevent them from becoming endangered and further loss of their population.
So Kauai is home to rare and endemic seabirds... one of the seabirds is
Hawaiian petrel which is the `Ua`u which is federally listed as an endangered bird. I
try to add some fun to it, so if you hear... if you are up on a ridge in the forest in the
middle of Wainiha, you will hear something that sounds like a (made bird sound).
That is the `Ua`u sound and the Newell shearwater is the `A`o which is a Federally
threatened bird, that is unique to Kauai and it is 80% of the world's population
breeds on Kauai. So when Paula spoke earlier about malama our seabirds and
protect the habitat. This bird sounds like a (made bird sound) (inaudible)... they
might hear that if you live on the westside (Hanapepe)... hear these birds flying
over the valley. Nick Holmes is our specialist and the band-rumped storm petrel
which is the `Ake`ake. It is very rare and we heard one in our last trip to (made bird
sound)... that is a State endangered and a Federal candidate for listing. I spoke of
threats earlier... some of the land based threats that we deal with for those petrels
and shearwaters on the islands are non-native predators which are rats and cats
that eat the eggs, and the birds themselves is cat. Then loss of habitat from
hurricanes, landslides that can be caused from pigs, and other habitat loss... lights
that also attract the fledglings which I will discuss a little more in a moment and
utility lines or collisions with utility lines, and collisions with lights, and also
attraction from the lights would land on the ground.
Since these are endangered seabirds under the Federal Endangered Species
Act and Hawaii Revised Statutes, it is illegal to take, which means to harass, harm,
pursue or hunt, shoot, wound, kill, trap, capture, collect, or to attempt to engage in
any such activity. Where at any times, it means to or manner to pursue, hunt,
shoot, capture, collect, kill or collect these animals. If the take is unintentional,
then it is incidental take... you are not intending to cause these birds to come in and
attract to the lights. It is unintentional, so it is incidental. We have a process for
permitting the incidental take which Andrea will discuss in a little bit. Some
information about the seabirds are nocturnal over land. They fly over land. They
nest in soil burrows in the mountains, in the upper watersheds, and there uluhe
ferns and (inaudible) trees... on their flights out from their home in the burrows, in
the mountains when their fledglings, they become distracted by lights which is our
main problem on Kauai as seabirds and light attraction, and one that is most
pertinent to the counties matters in facilities as well are the lights that pose threats
to the seabirds. The lights that pose threats to the unshielded lights... ones that are
shining up and out... the ones that are shielded or full cut off lights where you can't
see any of the light fixture just the shining down are the ones that won't pose as big
of a threat. Birds will circle the lights and collide with them. If you are at a football
game, sometimes you see them like circling going down lower and lower until they
are almost like in the field... almost landing on the field. A lot of the birds don't
actually collide with the lights. Sometimes they land on land and when they are on
land, they are susceptible to (inaudible) from cats, from dogs, or they may starve or
COUNCIL MEETING - 6 - July 8, 2009
be crushed by an automobile as well. That is how we lose a lot of them. We have a
program on the island which is called the save our shearwaters program which has
been in operation from the Division of Forestry and Wildlife since 1979. That is a
public outreach program that many of you probably know about. In the Fall, the
public is involved with (inaudible) the birds and if you find one, you take them to a
designated location... most locations are at the fire stations. Since 1979, we picked
up about 32,000 of the seabirds, so that gives you some inclination of how many
seabirds have been attracted to lights in that time... of all the ones that have been
attracted, we only found, you know, certain proportion of them, and that proportion
is over 32,000 of seabirds.
So the next one is discuss the population decline. There is evidence of a
population decline. As I mentioned and discuss save our shearwaters which is the
number on your left, it is the blue dots, it is the SOS numbers... the number of birds
that are picked up through the save our shearwaters program each year. And on
the right, we show numbers in red from radar targets. (Inaudible) the radar guys
is... it is a modified machine that is attached to a truck and if you see the trucks on
the side, it is not the secret service, it is our guys counting birds, and in an area
that is... it can be set to different distances. The number of birds that are counted
that fly through that area that is on the radar, and we know they are seabirds
because they fly at night, and they are flying at a certain velocity. So you have the
birds that fly at night like an owl and you can pick those out because they are
slower. So on the right side, you see the red triangle... as you can see that is also
declined. If you look in... like around 1986 or 85, we had, you know, over... about
like 2,300 seabirds that were picked up that year through the save our shearwaters
program where last year we had roughly like 250, so that also gives an inclination
of the decline. If you looked at that alone, you would say, well, maybe we have just
gotten a lot better at having less lights and (inaudible) in the lights. But if you look
at it with the radar combined, you can see that the radar data also matches that
same decline in the population where the (inaudible) number of radar targets per
hour and 1994 was around 450, and recently it has come down to about 90.
This is the part that I am going to hand over to Andrea to take over from
here and discuss what the HCP and the solution of how to go about having
incidental take permitted, and I just wanted to thank you for having me here today.
Thanks.
Ms. Erichsen: Great. Okay, so what is an HCP. Well, it stands for
Habitat Conservation Plan and in Hawaii, it basically provides Federal and State
processes working together in parallel fashions to provide a permitting process for
non-Federal entities to get coverage for incidental take of listed species. And,
essentially, it is recommended to get one of these HCPs if you are causing take of
more than one individual per year or over the period of time. As Adam already
mentioned, incidental take is that which occurs during the otherwise lawful act...
otherwise normal and lawful activities of a facility.
COUNCIL MEETING - 7 - July 8, 2009
Now, for our part here on Kauai, the State Department of Land and Natural
Resources is working with U.S. Fish and Wildlife Service with funding that we
obtain from a grant process from the Fish and Wildlife Service to develop what is
called the Kauai Seabird Habitat Conservation Plan. And I just wanted to provide
you with the framework and overview of this process and how it may be applicable
to the County's efforts to move forward with efforts to protect the seabirds. Our
framework is available online and it sets forth requirements for HCP participation,
and provides the overall structure for the HCP. It is not complete and we are very
open to input in modifying it to make sure that it works for everybody. The
applicants provide the descriptions of their activities and these are submitted
separately by them, and they are confidential until the HCP is open for public
review. Key components of the HCP are... that the DLNR is the primary permit
holder of the permit, and the applicants... folks seeking coverage will be essentially
sub permittees under this umbrella permit using an implementation agreement or a
certificate of inclusion. At this time, we estimate that the... or we have on paper
that our permit will cover 30 year period for the island, and we are only covering
three (3) species. Those that Adam already mentioned and imitated so well. And we
also are focusing primarily on lights right now, but we are open to other utilities
and specified activities as needed.
Mandatory elements of participation in the islandwide HCP much like other
HCPs that you find on the mainland and in Hawaii include avoidance and
minimization first, to the maximum extent practicable generally, and that does
include shielding, turning off lights, managing light use to avoid periods of time
when the risk is high if that is possible. What we do when we are working with
applicants is they just describe to us the needs and the purposes of the lights, and
what regulations or requirements they must comply with to use those lights, say for
safety or security, and then we develop with them minimization and avoidance
strategies for their particular facility. So it is very site specific and facility specific.
Another element of HCP participation is that the fees will be used to fund
compensatory mitigation because while avoidance and minimization can really
decrease the level of impact, it might not eliminate it. And so that residual number
of birds that are going to be taken is compensated for, and so by combining the
funds from all participants on the island, it is a very cost effective way to
accomplish the needed mitigation, and have really excellent benefits for the species
and the larger biological communities on Kauai, not just the seabirds.
The final item listed there is compliance of monitoring and reporting is
another element of HCP participation and the cost for those are factored into the
draft HCP that we have right now. So HCP coverages and fees are based on your
take level. Naturally, the more birds you have, the more expensive it would be, and
it encourages folks to minimize and avoid as much as they can. Fees are combined
with other participants and applied to the mitigation, and the fees are also used for
monitoring, administration, and just overall implementation of the HCP. So by
doing this, we are really making it very cost effective for all of the participants
because accomplishing this on your own individually is extremely expensive. The
COUNCIL MEETING - 8 - July 8, 2009
compensatory mitigation strategy that we have right now... we have been working
on it for over a year with Dr. Nick Holmes and many other agency folks and non-
profit groups such as the nature conservancy on Kaua`i... we have helped to develop
a list of sites. It is a very short prioritized list. We have detailed budgets for sites
on Kauai and we are developing very specific County restoration actions, goals, and
objectives as well as a management plan... adaptive management plan and lining
up the monitoring component for how we are going to determine the success of the
mitigation strategy. These are all extremely important for approval of an HCP.
And then I just thought I would maybe highlight for your thoughts and get your
input on this too. Some of the community benefits of the HCP are that it will
preserve species diversity and restore native communities on the island... preserve
dark skies for tourism and general quality of life, protect cultural practices related
to navigation, fishing, agriculture, and improve overall light (inaudible)... decrease
light waste and save money... at least that is what we... we also get a lot of
feedback from the folks that we are working with that really has been something
that they have been able to measure since they put in seabird friendly lights. So
that is really good to get that kind of feedback and also the HCP will streamline
permitting for large and small entities, and make it much more cost effective for
everybody. So just to give you an update on where our HCP is right now is that we
have just received new funding from the Fish and Wildlife Service that will cover us
for another two (2) years, and we believe that we will be able to complete this HCP
by that time.
The... we have a preliminary draft that was just released last week and we
have an application template that is online, and we have at least seven (7)
applicants who are actively working on their applications right now. And our
schedule... we have met our deliverables time for June 2009 and we have an agency
draft that we are trying to complete by November... probably mid November or the
end of November, and we want to have the NEPA scoping and draft HCP documents
ready by next June, and then move forward with the completion the following year
if not sooner. So some of this just depends on factors beyond our control, but so far
we have been able to meet our deadlines and we have... like I said, we have seven
(7) applicants who are working with us, and we see a lot of progress. And so we just
have their (inaudible)... hopefully it is better on your printout some contact
information for you, and if you have any questions for us, we would be happy to...
Chair Asing: Thank you very much. We will have the
Councilmembers take their seats and then we will open it up for questions. With
that, I would like to open it up with Councilmember Kawakami.
Mr. Kawakami: Thank you so much for your presentation and
taking the time to come and speak with us. What does it take to be involved with
your HCPs? I have to assume it is money, so what kind of dollar amount are we
talking about? I mean for somebody that is, you know, because I am assuming that,
you know, based on your website, it is for individuals that have relatively small
amounts of take, so what is involved in participating with your HCP?
COUNCIL MEETING - 9 - July 8, 2009
Dr. Hartzell: The idea of the Kauai seabird HCP is to provide a
framework for all the entities that have takes, so it is not just for entities with a
small amount of take. It is to look at the overall recovery of the seabirds. So the
idea is to provide authorization for all take that we can permit. Of course we can't
permit all take, illegal take, but all permit that is otherwise that we can recover the
seabird to provide mitigation for. The fees aren't incurred when you apply or start
developing your application for the HCP. That would occur at the time you receive
the license and the fees right now haven't been set because, right now, we want to
work with the County and all the other individuals or entities on Kauai to develop
those costs and develop the exact details of the HCP. Does that make any sense?
Mr. Kawakami: Let's see. I had so many questions, but just for the
public's knowledge, what are the penalties and fines for take?
Dr. Hartzell: We could check with the enforcement agencies, but
I believe a couple of years ago, it was $25,000 for every newel shearwater and
$50,000 for every Hawaiian petrel.
Ms. Erichsen: There are, on the Federal side, there are criminal
and civil penalties and honestly, I would have to go and look. I don't know what
they are off the top of my head. On the State side, there are criminal and civil and
administrative penalties and that is, again, by individual bird, and the cost would
really be astronomical for the County.
Mr. Kawakami: So my understanding is that you guys are going
through the permitting process as we speak. You have seven (7) applicants. You
guys are opening the doors for other people to come and apply. What happens once
you receive your permitting, are people locked out or can you come in and further
participate in the HCP? Because I have to assume it is going to take amending your
whole plan because the HCP is just a document that you submit, right, for a permit?
So if you have people continually applying, once you receive your permit, is that
possible or do they get locked out or is it a work in progress?
Dr. Hartzell: Well, right now, we are setting it up, so that we
have our initial batch of applicants and it is only too late to join this initial batch
after we get it approved or submit the public draft. And then after the HCP is
approved, we have an amendment process that is written in there and, so we do
expect that we will be collecting applications on an annual basis, reviewing them,
and processing groups of new participants regularly and as needed and adding them
to the permit using our amendment process.
Chair Asing: Any other questions Councilmembers?
Councilmember Bynum?
COUNCIL MEETING - 10 - July 8, 2009
Mr. Bynum: Hello, thanks for being here and I wanted to thank
you for the time you have afforded me to get more educated about this in the couple
of meetings that we had and I appreciate you coming here today. First, just a quick
technical question. When you do the radar, does it register the height the birds are
flying there?
Mr. Griesemer: The radar actually doesn't register the height
unless you flip it on its side, so when it is spinning in a regular motion like the
(inaudible) helicopter, that is going just out and up, but if you were to measure it...
if you flip it on its side, it can give some information on height, but it is generally
not as accurate.
Mr. Bynum: So is that part of the data you are trying to collect
at what height limit the birds fly because if there are obstacles in that height limit
where they are typically flying, it is going to be more problematic, yea?
Mr. Griesemer: I know at this point we are collecting some
information on that and I am not sure if it is to a point where we can say anything
with any type of statistical certainties, so we would have to call upon Nick Holmes
who is the Kauai Endangered Seabird Recovery Project Coordinator to answer
those questions which unfortunately, he wasn't here today.
Mr. Bynum: So you mentioned that mitigation looks at when
their risk is high, so there are certain periods of time of day or year or portions of
the year when risk is higher than others? Is that...
Ms. Erichsen: Well, for light attraction, yes, the risk is highest at
night obviously and from the months of basically September 15 through
December 15 of the peak month for migration essentially of the young birds who are
most sensitive is in October and November, but it really generally spans that three
(3) month period.
Mr. Bynum: And so then it is pretty consistent over that three
(3) month period as a high risk. It doesn't fluctuate or go up (inaudible).
Ms. Erichsen: It is higher in October or November, but it is... you
know, (inaudible) so birds might fledge early one year or later the next year, so we
would like to have a little bit of a buffer.
Mr. Griesemer: I just wanted to add that this actually depends on
the type of threat. If you are talking about lights, then it is fledglings and that the
fledglings are attracted to lights in the Fall season. If you are talking about power
lines, (inaudible), or any potential wind turbine strakes, then that is going to be
from the breeding season, from the start of the breeding season which will start in
June... roughly June.
COUNCIL MEETING - 11 - July 8, 2009
Mr. Bynum: And then the primary purpose of this is to fund
mitigation strategies and can you share with us what mitigation efforts are
currently underway. Are there mitigation projects that are currently occurring?
Mr. Griesemer: There are no seabird mitigation projects that are
underway on the island of Kauai. There are some native habitat restoration
projects that the seabirds can also gain additional benefit from through the nature
conservancy and the National Tropical Botanical Garden in areas where seabirds
are breeding. And we are looking at avenues to partner with them and to seek
conservation easements with landowners on... in order to conduct seabird
mitigation which would include different activities that are like cat and rat trapping
or take control in order to control the disturbance and other types of activities like
those.
Dr. Hartzell: I would like to emphasize too... we are talking
about penalties. Our approach is not look in enforcement. That doesn't help the
birds. We are here to help the birds and also be practical to the people in Kauai or
on Kauai, and it ties in with the mitigation. One of our approaches is that we
partner with other entities that are doing this kind of habitat restoration. So even
though it is not quote, unquote habitat conservation plan mitigation plan, there are
entities that are doing recovery. It is really important. We don't have an unlimited
source of income, right? We all have limited finances, so it is really important that
we work together and pool those funds, so we can get real recovery effort for these
seabirds and avoid take while minimizing the cost. So we really want to work with
partners and work altogether so we are effective and not focusing on just
enforcement and punishment. That doesn't do anybody any good. We want to help
with recovery.
Mr. Griesemer: I also wanted to add in that there is a seabird
sanctuary on the island which is a Federal sanctuary for the seabirds. That is not
mitigation that is being done for permitted take. That is just a sanctuary that was
established through the sanctuary acts.
Dr. Hartzell: Adam, can you just fill them in briefly on what is
going on now or what is planned at Upper Limahuli in Wainiha. That will give them
some ideas about what kind of mitigation would occur.
Mr. Griesemer: Sure, some of the things that are planned Upper
Limahuli right now through the National Tropical Botanical Garden is to make a
fence line... it is (inaudible) fence which is to keep out the pigs. If you keep out the
pigs, you can keep out disturbance of habitat. The pigs go in the... root up the ferns
and the native vegetation that the seabirds live in. Once that area is rooted up, then
other invasive plants can come (inaudible) and also grow in those areas, so it is to go
in and it is to enclose the area with fence, and it is to get rid of the pigs. It is to do
invasive plant control, so say remove any invasive types of ginger, African tulip... I
am not sure if that is up in Upper Limahuli, but I know that is being done in
COUNCIL MEETING - 12 - July 8, 2009
Wainiha... any guava and also one of the things in Wainiha is Australian tree fern
that is being removed. These are the other (inaudible) plants that come in and
shade out the areas and they take up the habitat for the native species to come in
(inaudible). It is competition for those native plants that the native seabirds need
in order to breed and live in. We also have some operations in Upper Limahuli
planned for monitoring of the burrows that we found... a number of seabirds that
we found, so we can take a seabird monitoring scope, and they can check to see if
the seabirds are in there, if it is in ag, and that is the way to monitor the population
in terms of know what the success of the population is going to be looking at. The
number of burrows that have birds in them, the number of birds that actually will
breed and lay an egg, the number of eggs that hatch, and the number of (inaudible)
that grow to fledglings and the number of fledglings that we... just monitoring the
whole process. Along that, in the same time period, they are also doing cat trapping
for any of the trails that the pigs opened up, where the humans opened up in order
to traffic cat (inaudible)... the feral cats that live in there as well and get rid of the
rats as well.
Mr. Bynum: So the... I appreciate that explanation of working
together because I know Chipper at NTBG, his focus is on plant species.
Mr. Griesemer: That is right.
Mr. Bynum: But in the effort to protect plant species, it also
protects habitat, so it is a win/win and I guess when I first spoke with you guys, I
was really surprised that the State and the Federal government have invested
funds in the plan, but had not jump started the mitigation strategies. I was just
really surprised that answer that you gave earlier that there is no or very little
active mitigation strategy because you are showing us a decline in population that
is pretty dramatic. And it is like, you know, when we finally get these funding for
compensation mitigation in place, maybe the population so low that we are
having... you know, really got a job cut out for this (inaudible)... to stop the bleeding
or cut the losses by jump starting the mitigation strategies now during the time we
are trying to deal with the funding. So I will turn that into a question, why isn't the
State DLNR or the Federal government funding these mitigation strategies if they
are disconcerned about the species. (Inaudible).
Mr. Griesemer: The State has provided funds... well, I would say
that the Federal Fish & Wildlife Services provided funds... some funds for the fence
line in Upper Limahuli, and then Chipper could add... I am sure he could add more
on how they acquired the money from grants to do invasive plant control. I didn't
want to confuse anyone. The plans that are there are exactly it. They are plans.
These things are being carried out. When you get the money, then you can go in and
actually do those operations. The seabird operations would be funded through
mitigation which we don't have money to do that yet, and maybe Paula can answer
about which activities are going to be funded through State funds or Federal funds
in terms of seabird restoration.
COUNCIL MEETING - 13 - July 8, 2009
Dr. Hartzell: I also wanted to stress that the State and Federal
agencies have recovery plans or working plans to basically address the survival and
recovery of these species, but mitigation plans are specific to projects. And so that
is a project base say... this project is going to have these impacts, they need to
address that impact by doing this for seabirds, so they are separate. But the State
and Federal agencies do have money and they spend a lot of time and effort
developing plans and strategizing what the most important things are to help
prevent the species from going extinct and working with partnerships on the
different islands to accomplish that. Because they are managing the species in the
whole State of Hawaii, and so we haven't had any projects that have actually
mitigated for this kind of take of the seabirds on Kauai.
Mr. Bynum: Let me get this clear because the mitigation... I
understand the distinction... the mitigation is... but it is all about habitat
conservation and recovery, right? So is there projects for habitat conservation and
recovery from other sources other than mitigation?
Dr. Hartzell: And I think that is the problem is a little bit is the
communication right now is using the term... we tend to use the term mitigation in
the Jargon sense that it is compensating for some incidental take elsewhere, but
there are definitely recovery efforts here and elsewhere that we refer to Dr. Nick
Holmes. He is the head of the Kauai Endangered Seabird Recovery Project and
they are working right here on Kauai. Each of the islands (inaudible) also has an
endangered seabird group as does the Big Island. So the State does, in fact, fund
some of these recovery efforts, but just like the County, just the Federal agencies,
just like private parties, we need to partner in order for those to be effective. And
right now, one of the limiting factors for recovery is that if you don't minimize the
take, it doesn't matter how many birds you can produce if you are killing them in
the process, it doesn't do any good. That is not pointing fingers at any single... there
are a lot of sources of take and I am just trying to emphasize that we do have
recovery efforts, but we need more.
Mr. Bynum: Right, and so one of your slides has a compensatory
mitigation strategy, it talks about a short list of sites, and detailed budgets, so you
are moving forward with the idea of here is the specific things that we are going to
do on the ground to recover and protect the species. And so I appreciate that and
hopefully I can get more information on that because I am interested. But back to
the mitigation strategies. You said that you have seven (7) applicants and growing.
Can you say who those seven (7) applicants are?
Dr. Hartzell: I hesitate only because H.R.S. 195D provides for
confidentiality of information supplied by the applicants particularly in private
lands. So if entities say, yes, we would like to share that information that we are
applying, until it goes out for public review, that information is confidential. Now
whether that confidentiality covers public entities like the County, that is less clear
COUNCIL MEETING - 14 - July 8, 2009
legally, so we are working with some other applicants which... so public applicants
we can share.
Mr. Bynum: Is the County of Kauai an applicant?
Dr. Hartzell: As far as I know, you've sent a letter... you received
a letter of interest. We don't have a formal application and we would love to work
with the County to develop an application.
Mr. Bynum: So you received a letter when? Recently or...
Dr. Hartzell: June 19.
Mr. Bynum: That is pretty recent and that is from the
Administration, so I can ask them about that. Is KIUC an applicant?
Dr. Hartzell: We are working with KIUC right now.
Chair Asing: I think they answered the question that, you know,
these are legal type questions that you might not want to get into Councilmember.
I think we should stay away from those types of questions because it is legal
questions.
Dr. Hartzell: Thank you and I would also like to say, you know,
we can also work with a lot of different entities on avoidance and minimization
which is, by far, the most important things, so we are working with a lot of entities
for avoidance and minimization. That doesn't necessarily imply that they are...
need an incidental take permit. It doesn't say, yes, we are having take, so it also
important that we work with a lot of entities that may not actually even have take
or unlikely to have take because they are working to avoid that take, so that is an
important.. .
Mr. Bynum: I would just like to clarify that um... what I heard
the answer was that the private entities were confidential, but you could discuss
public entities, so I thought KIUC and the County were public entities. That is the
reason I continued to ask that question.
Ms. Erichsen: The Department of Transportation and the
Department of Education are applying.
Chair Asing: With that, Councilmember Furfaro?
Mr. Furfaro: Yes, thank you. Thank you for your presentation.
Since you have shared with us the major concerns as it relates to weather activity,
hurricane, the net results of hurricanes, may I ask why your chart, you do not chart
Hurricane Iwa in 1982? It is not on the chart that I have.
COUNCIL MEETING - 15 - July 8, 2009
Ms. Erichsen: Well, we received that from Nick Holmes, so I think
we... there is a vertical line on there that was... I think Iniki was very, very
detrimental. It might have been because it was after Iwa and maybe Iwa set the
stage and then Iniki just really wiped out a lot of native vegetation and then after
that...
Mr. Furfaro: Were you here for Iwa?
Ms. Erichsen: I was not.
Mr. Furfaro: Okay, I think we are talking about hurricanes that
have probably had similar intensity. You know, we can go all the way back to
Hurricane Dot in '59 that passed between the Waianae Channel and the eastside,
and for people who were in the crop business, you know, we didn't close hotels, but
we lost entire patches of banana crop and so forth. My question is simply if you are
in front of us talking about the need to have some mitigation plans, post storm, it
would be nice also to compare a chart that says, you know, this is where we were
with flight information in the declining population after Iwa as well. I just think it
is worth charting.
Mr. Griesemer: Yea, I had that... the chart itself was from Nick
Holmes and I actually went afterwards and I added in the line for Hurricane Iniki.
(Inaudible) bring up because it was kind of a... one of the details that I thought we
might address later, but there is a significant drop after Iniki. You can see it was a
drop I think measured almost like 50% after that single storm from the habitat loss
and once you have large landslides and ripping up the vegetation that moves... that
allows anon-native vegetation to move in and... currently, for our ways of assessing
take and looking at the number of birds found... we look at the data post Hurricane
Iniki. We don't go back to Iwa and as far as '79.
Mr. Furfaro: You (inaudible) my question. Let me just point out
that you are implying that after the first... the most recent hurricane, the
population dropped by 50%, but I am trying to find out is after the '82 hurricane,
did the population drop also another 50%. Do we have any data on that?
Dr. Hartzell: That is an important point and I appreciate that. I
don't think we were prepared to quantify that the fact storms today. I mean, that is
certainly a good point that we should look at.
Mr. Furfaro: if we have to have a recovery and preparation
project... as you said, you can do a lot of things with money. The County of Kauai
can do a lot of things with money. We can also do a lot of things with recovery plans
with money. I just thought that the reality is if you are putting that emphasis on
our storms, we probably want to put some funding on some issues about storm
recovery as it relates to protecting of invasive species.
COUNCIL MEETING - 16 - July 8, 2009
Mr. Griesemer: That is something that is covered in the HCP
actually in the mitigation plan is to provide like a... yea, a response plan to any
hurricane that comes up. The thing that came in that... Mr. Furfaro, I just wanted
to mention that there is a limitation in going back to Iwa because we don't have any
radar data available for that period, so SOS alone is not a reliable indicator of
trends because it is... it is an outreach base program, it is a volunteer program...
there is a lot (inaudible) who picks up what and when and how it was recorded, so it
just kind of looks... you know, it is just to give a general picture. It is not really
scientifically can be used, but the radar data could if we had it... it just only goes
back to 1993.
Mr. Furfaro: Got it. I just think that should you have emergency
moneys and I don't know what the possibilities of (inaudible)... going up to the
nesting areas and, you know, look at ways to preserve maybe eggs that, you know,
the parenting or the nesting birds have been depleted, but they've got eggs left
behind or... anyway, enough on that particular subject, but I just asking. Now, I
have to tell that I am a little confused about your presentation in the following area.
First of all, you know, people have business plans. Businesses have business plans.
You reference a... like a recovery plan within the habitat conservation plan that you
file, then within there, you are saying that certain projects you need to demonstrate
to us that in these projects, you actually have mitigation plans whether it is the
utility company with wiring... whether it is the County with new park source for
lighting and so forth. In addition to the avoidance factor or, you know, doing things
that minimize, so is there kind of a chart that we could see that says, your habitat
conservation plan should include items that deal with... first of all, mitigation
strategies especially for new projects... projects that might be dealing with
construction or building or, you know, infrastructure improvements and then it also
says that you have to have a component that deals with avoidance and minimizing
the current situation. And then, of course, going forward, you know... I mean, that,
to me, I have written many letters to the nature conservancy in support of their
fencing for the wild pig in certain areas because we know it not only has benefit for
the botany, but it also has this great benefit for our bird attempts and so forth. And
those are things that different groups are doing, but have some resource benefit for
you folks as well. Is this order somewhere that I can go to that says, these
components should be in this HCP?
Dr. Hartzell: On the Kauai Seabird Habitat Conservation Plan
website.
Mr. Furfaro: Website, okay.
Dr. Hartzell: Yea, there is a framework that will help you with
that. There is also an application template that lines out what information is
needed from the applicant. It is a very valid point that we need a very clear way to
express the organization of that HCP. And, in general, the HCP, the guidance that
COUNCIL MEETING - 17 - July 8, 2009
we develop focuses on the recovery because the avoidance and minimization effort...
it is very specific to the facility, so we work with each entity for those measures.
Mr. Furfaro: You know, and I just want to be honest. I need to go
to your website because I am a little confused after the testimony today. You know,
I have been confused before, but I want to make sure when I go to a Federal agency
or a State agency, or an expectation on a County agency, everybody is very
consistent about what the components are, so thank you very much. Thank you
Mr. Chair.
Chair Asing: With that, Councilmember Chang?
Mr. Chang: Thank you. Yea, I have several questions. Number
1, where are the, you know, your secret service FBI vans, the surveillance cameras?
Where are they... I know that you had them... I have been in one of them in
Princeville, but where are they located? Is it a good source of information that you
are all around the island?
Mr. Griesemer: Yea, there is actually 18 different locations.
Thirteen (13) of those locations were historically monitored over different sequence
of years since 1993. The radar trucks are set up in locations... those locations were
established based on the flyways of the adults going in and out of valleys and where
the largest areas of flyways... number of birds that pass over those areas are
located.
Mr. Chang: You know, when I look at the chart after Hurricane
Iwa which I believe was on November 22 of 1982, you still have quite a bit of a
population, but noticed around 1987 in the peak prior to the radars, that was, you
know, like the opening of the Westin Kauai, for example, the following year was the
Hyatt, so a lot of lighting... more lighting on the island and then obviously when
you look at about Hurricane Iniki, then that was a tremendous loss and keeping in
mind that both hurricanes happened at the peak of fledgling, the nesting season,
but is there evidence that, you know, maybe more because I remember at that time,
there was more than 90% of the population on Kauai. Your data says that is now
80%. Is there evidence that more shearwaters, for example, maybe are at Kaena
Point or Big Island, or someplace other in the Hawaiian island territory?
Ms. Erichsen: We haven't been able to find nests on the other
islands. They hear the birds flying over, but there is a lot of evidence that most of
the population is here on Kauai and one of the major factors that eliminated the
populations on the other islands is the mongoose on those islands, and we didn't
talk about at sea impacts because there are a lot of things that can happen to the
birds that (inaudible) that maybe affecting them as well, but what you are alluding
to is that the mongoose and we also know that here on Kauai the predation of
adults by cats and rats is a very, very significant problem that has... the cats... you
know, after the hurricanes and habitat disturbance, the cats can access the birds
COUNCIL MEETING - 18 - July 8, 2009
much better and that is what really wipes the populations out over a long period of
time.
Dr. Hartzell: Just as a side note, just for your information, rather
recently we found in the past few years that on Lanai, there is very large Hawaiian
petrel colony that wasn't known about before and it is probably there on the lanai
hale because it is a rather remote area where there is not a lot of vegetation. So we
are working there as well trying to preserve those colonies.
Mr. Chang: And interesting, in the slide presentation, I noticed
the picture of the cat. The picture of the cat and I think what is very interesting
is... I don't know if a lot of people know, but Brenda (inaudible) actually had like a
little bit of a trip wire, so the cat is actually taking the picture of him or herself.
Like, you know, the cat walks in, it trips the wire which triggers the shutter and
consequently the cat is taking its own picture because obviously nobody is there
during any given time of the evening, so that was a pretty cool picture.
Ms. Erichsen: That is Brenda's picture.
Dr. Hartzell: We also have a similar picture from the Lanai Hale
where a cat... you will see a bird go into the burrow, the cat follow, the cat comes
out with the feathers in his mouth so...
Mr. Chang: You know, real interesting, a note and I don't know
if it is any correlation, but last year's season, for example, it was pretty uncanny in
which case during the Winter it was a dry Winter, so for most of the Winter days, it
was clears, so consequently, a lot of our birds could see the moon because there was
no cloud covering, hence, much of the population was able to make it out to sea
safely to my understanding.
Chair Asing: Thank you. Any other questions Councilmembers?
Councilmember Bynum?
Mr. Bynum: I am sorry. You said the draft... there is a
preliminary draft, is that a public document?
Ms. Erichsen: Well, we have it on a site that we used to post our
files and we provided that password to the County consultant, so we don't have a
problem with... if anybody wants to look at it and doesn't have any confidential
data, it is just everything that we've written up so far and we are definitely going to
be moving forward with workshops and working group meetings with applicants
and stakeholders to get input on essential parts of the HCP now, like
administration, implementation, fees, structures, so we can start getting buy in
from the participants. So we are at a point now where we would be happy to have
anyone who wants to look at it, check it out.
COUNCIL MEETING - 19 - July 8, 2009
Mr. Bynum: One last question. I think the contract is out to
underground utilities from Lydgate Park, the new substation to the end of the
Kapa`a Bypass. That is a good thing in terms of seabirds, that is the question, and,
you know, how was that area selected? Do you have any information about that?
Dr. Hartzell: Yea, I just would like to say that the under
grounding of wires is one way to eliminate take from collision with the wires... you
eliminate the wires, then there is not take associated, so that is one very expensive,
but very, very effective way of eliminating take associated with the lines. Of course
it looks nice too, so you have to weigh the cost with the benefit. Does that answer
your...
Mr. Bynum: Is that Wailua River area a high flight zone?
Mr. Griesemer: Yes, a very high flight zone. Actually, it is about
where... most of the other radar points are maybe measured about a third of the
amount of targets that... on some of the northshore flight areas have, Wailua has,
you know, roughly one-half to two-thirds as much as the northshore flight areas. It
is just a really nice flyway for the birds, for the adults to go through, so it is a really
good measure to undertake.
Mr. Bynum: So... and I think it is pretty cool that... for that two
(2) to three (3) mile stretch, we are not going to have overhead utilities and... so if
the public doesn't know, I think if the contract is out and they will be doing that
soon, so...
Chair Asing: Thank you. Any other questions? If not, I just had a
couple of questions. One is you mentioned a sanctuary, where is that sanctuary?
Mr. Griesemer: It is the Fish and Wildlife Service Seabird
Sanctuary on the northshore. It is in Kilauea wildlife point. That is the one that I
referred to and they are actively doing small fence enclosures and cat trapping and
rat trapping. They have more population of Laysan albatross, and they have other
endangered birds as well, nene, and things that are protecting.
Chair Asing: Thank you. I guess the last question that I have is
more simplistic, but I am not sure whether I am using the right term. And let me
just say that it has been years, and I will tell you years, that the County has tried to
put the lights at the stadium to be in... I don't know what is compliance and we are
finding it so difficult to say, here is our plans, here is the system that we have, is it
okay, does it conform to the plan? And I just don't have answers and so I am sitting
here... I will give the Department Heads such a bad time on how long does it take
for you to do something that I think is fairly simple and the design of the stadium
lights. Why can't we get some help or assurance that this design that you have is
okay?
COUNCIL MEETING - 20 - July 8, 2009
Dr. Hartzell: I am not sure. You submitted those plans to the...
have you seen them?
Ms. Erichsen: We have never seen any plans from the Parks.
Dr. Hartzell: If you would like to...
Chair Asing: Okay, let me then just say this. I think we are
making some headway. Thank you. I appreciate that and... so with that said, if we
were to submit plans on the lighting system that we have our consultants proposed,
you will be able to give us answer as to "yes," "no," how else you can revise your
system to be in compliance? Am I correct?
Ms. Erichsen: That is right.
Chair Asing: That is great. That is a good answer.
Ms. Erichsen: Probably less than two (2) working days.
Chair Asing: Wow, that is even better.
Mr. Griesemer: So the one thing that Derek mentioned... I think
the very first question was the different... I don't know if it was maybe Jay... which
ones, what do we have to do under an HCP, so there is avoidance in minimization
and then mitigation for any residual birds that will be attracted even though you
shield the stadium lights completely, you still may have a few birds that come down
that you need to mitigate for, but you won't have the same number. So the
compliance that you speak of will be in the compliance in terms of what
minimization measures that are effective, what (inaudible) needs to be fully
shielded or to shield the lights.
Chair Asing: I just want to let you know that, you know, we are
trying very hard to work with you to try to get us to be in compliance and it has
taken some time and I am glad for the answers that you supplied us today, so thank
you very much. With that, Councilmember Kawakami?
Mr. Kawakami: Yea, I just want to say too that I know for a fact
that our Department of Parks & Recreation... this is at, you know, at the top of
their priority list and they have been working extremely hard to come into
compliance. I know also for my time spent at KIUC that this is at the top of their
priority list and they have been working extremely hard. The one thing that
concerns me coming from a business standpoint is there is no real cost, you know.
Like me, I want to know how much something is going to cost me to participate...
you know, how much is it going to cost to participate, so that would be something,
you know, of a concern. I have one question on... general question on the applicants
and if you can't answer, that is fine, but I just want to know if there is any
COUNCIL MEETING - 21 - July 8, 2009
individual residents that are applicants. Say it is just somebody that is just
building a single family residence in one of these hot zones. I think you have
identified as Princeville, Kilauea, Kapa`a, Wailua, Kealia, Lihu`e, Puhi, Koloa,
Po`ipu, Kalaheo, Hanapepe, `Ele`ele, Port Allen, Kekaha, and Waimea which is
pretty much the whole island. So if you have any applicants that are say individual
residents that are going to be building a single family residence, if you have had any
applicants.
Ms. Erichsen: We have none. And on your cost question, we have
cost laid out in our draft, preliminary draft that we can share with you, and you
know, we are kind of hesitant to say that it is definitely going to be this much per
bird. We have a range laid out that we think is extremely, extremely reasonable
especially if you compare it to the cost of HCP's and other places in Hawaii. So that
will give you a better ballpark.
Mr. Griesemer: I also wanted to add something into the question in
terms of residents and small businesses. We work with them in terms of how to
avoid and minimize. We go talk to them and talk to them about shielding their
lights, really cost effective ways... like you have one big flood flight, then you can
buy a shield from Rasco for $15 for that floodlight. You know, this is something
that you can do to save the birds and to reduce the overall glare in that general
area. If you do that, the ten (10) small businesses in the area and you reduce the
overall glare of that one area, there still may be a resort or something else with big
flood lights or big lights that may need HCP coverage, but a lot of the other guys
will be taken cared o£ And then the second question on the cost... in general, I just
wanted to state that if you do an HCP individually, you would have to pay HCP... a
consultant in order to draft the HCP as well as them maybe on their own to go find
areas to do the mitigation, use the data that they discover to do the mitigation, and
the right to plan itself. We are using an integrated approach where we have all our
applicants will be combining the funds to pay together for the mitigation. So there is
a portion of cost that are shared cost that the more applicants, the less expensive it
will be for each applicant and that is a portion of the cost that are related to the
shared administrative and compliance monitoring and some of the biological
monitoring cost of the HCP.
Mr. Kawakami: Just one more thing too.
Chair Asing: Go ahead.
Mr. Kawakami: I think in one of your suggestions on your website
from the County standpoint was the lighting ordinance, so I would like to maybe
send a communication... if you have any info on a proposed lighting ordinance or
maybe what some other people are doing, I would be interested... not only because
of the seabirds, but I think just as we continue to grow, we are losing our night sky
and other places, and I can tell you that our night sky in Waikiki is a lot different
than our night sky on the beautiful westside of Kauai. So I would like to see more
COUNCIL MEETING - 22 - July 8, 2009
info... if you have anything on that, could you please send that over because I am
interested in exploring a possibility of a dark sky's ordinance.
Ms. Erichsen: We will do that right away.
Chair Asing: Thank you. I have one more question. How long
have you been on Kauai, your office here?
Ms. Erichsen: Our office has been open since last January, so a
little over a year here in Lihu`e.
Chair Asing: Great. Thank you very much. Well, with that, I'd
like to thank all of you, Paula, Andrea, and Adam for a wonderfully presentation. I
think we have clarified some things especially for me, thank you very much. And so
what I would like to do is open it up to the public and that they may have some
things to say. So with that, thank you very much. The rules are still suspended. Is
there anyone in the audience who wants to talk on this subject? Glenn?
Ms. Erichsen: Mahalo nui loa for letting us...
Mr. Griesemer: Mahalo.
GLENN MICKENS: Thank you Kaipo. For the record, Glenn Mickens. I
just have a question. I do appreciate the fine presentation that these people put on.
I thought it was outstanding. I just have a question. I know we touched a lot on the
lighting, but how much of the lighting of our island has to be shielded for protection
from these birds. In other words, how much of the glare or lumens must come from
the lights to actually need shielding. I have been trying for seven (7) months to get
lighting relit at the Wailua Marina down there. I eat there all the time. It is a real
fine restaurant and I am sure that most of you people have. They are having a
problem getting it lit and they said that Fish & Wildlife have entered into this thing
because you have been there, and you have seen those lights. They are very, very
low (inaudible)... there is hardly any glare coming from it all, but they say that the
Fish & Wildlife is one of the problems that they have to shield them. So, Kaipo, you
brought up the glare at the stadium, but how far do they have to go down then
before they have to abide by the shielding law to protect these birds. That is my
question. I don't know whether these people can answer that question or not, but I
thought, you know, for those people down there at the restaurant... somebody fell in
the lot because one of the lights wasn't lit and I have been calling DLNR trying to
get them lit and they haven't been able to do it so far, but they said that Fish &
Wildlife were part of the problem. So, anyway, maybe they could answer that.
Thank you Kaipo.
Chair Asing: Thank you.
COUNCIL MEETING - 23 - July 8, 2009
Ms. Erichsen: Great... well, I am not sure what Fish & Wildlife
Service is doing on that topic, but I know I have received communications from
DOBAR is the... part of the State that manages that harbor, and they submitted
plans and lights, and asked for our office to approve them as seabird friendly, and
we did that many months ago, maybe more than six (6) months ago. So they are
trying to get new lighting in there and I can appreciate your concern. We really
want to protect the safety and security of people. It is an issue almost everywhere
we work and we really hope that as we phase in seabird and dark sky friendly
lights, there will be more light on the ground where we need it most. The lights will
be much safer, much more efficient, reduce glare... over lighting wasted energy, so
really hope that we can, you know, help get that situation rectified. I haven't
received any calls myself, but I am hoping that DOBAR maybe is a procurement or
some issue on their side, but we gave them the go ahead for the lights they want to
put in.
Chair Asing: Thank you. Hang on. Yes, go ahead.
Ms. Kawahara: This is actually... I was wondering about it, so if
we... if somebody... this is really loud today. If we get a... if somebody gets an HCP
plan from you, that includes Federal and State authorizations and okays?
Ms. Erichsen: Yes.
Ms. Kawahara: Yes. I am as happy as Chair Asing. Thank you.
Mr. Kawakami: No, but I think whether you go with the State...
Chair Asing: Go ahead Councilmember Kawakami?
Mr. Kawakami: Sorry about that.
Chair Asing: Go ahead.
Mr. Kawakami: I think whether you go with the State or on your
own, if you get it approved, it is going to be Federally approved anyway, so I think it
necessarily has to be with them to be, you know, like a Federally approved HCP
because like I said, if we get the take permit, that means first and foremost they
approved your HCPs. There are two (2) sides yea.
Chair Asing: Councilmember Bynum?
Mr. Bynum: I know this may be a bit redundant, but I just want
to be really clear. So whether it is an individual, a County, or State agency, you will
provide guidance about any lighting, new lighting plan, or retrofit plan?
Ms. Erichsen: Oh yes.
COUNCIL MEETING - 24 - July 8, 2009
Mr. Bynum: Thank you very much.
Ms. Erichsen: With extreme pleasure.
Mr. Bynum: And I just want to echo what Councilmember
Kawakami said that, you know, there is multiple benefits, and you have made that
point pretty well that, you know, it protects the birds, but it also makes a better
environment for all of us and I thought that was a really akamai comment.
Chair Asing: Thank you. The next speaker please. Good morning.
ALICE PARKER: Alice Parker, Lihu`e. I love birds, but I love people
and I do want the birds protected, but I also want good lighting in the parks. And
there was some elderly friends of mine even though the (inaudible) went to the Pow
wow at Kapa`a Park one time and after dusk, we couldn't see a thing. I had to lead
her out and I had a flashlight, but we need lighting at events in the parks too, but
not intrusive to the birds. The other thing that I was wondering is the power for
lights in... pardon me, but in Los Angeles, along the freeways, I think they use
mercury lights and there is sort of an orange glow. I don't know if that would have
less glare for the seabirds or not or if it would be more expensive, but is there a
different source of light that might produce less glare for the birds because I love to
see birds and I did rescue four (4) of them. My dog pointed out where they were and
I grabbed him and I got the bird, so anyway, so thanks and think of people and
birds okay. Thank you.
Chair Asing: Thank you.
Mr. Bynum: Thank Alice.
Ms. Kawahara: Thank you.
Chair Asing: Is there anyone else?
Mr. Griesemer: I just wanted to comment on that one. The orange
lights that she referred to in L.A. or low pressure sodium lights and they do reduce
overall like the brightness of the glare like the white bright lights are the worst
ones and went also through the same thing to have safe and lighting in all of our
parks. One thing is we don't necessarily need to have... when there are events, to
have lights turned off, but we just need to have the lights down on the ground for
people to be able to see where they are walking on the lighted paths. That is all.
Chair Asing: Thank you. Is there anyone else who wants to speak
on this item? If not, I would like to call the meeting back to order.
The meeting was called back to order, and proceeded as follows:
COUNCIL MEETING - 25 - July 8, 2009
Chair Asing: Can we have a motion to receive?
Mr. Kawakami moved to receive C 2009-230 for the record, seconded by Mr. Chang.
Chair Asing: Any discussion? Councilmember Bynum?
Mr. Bynum: Thank you Mr. Chair. I just want to thank
Councilmember Kawakami for placing this on the agenda and also to Habitat
Conservation folks for coming. I am really glad that you are on Kauai. We've
discussed this several times over the last few months and I am glad that... I buy
into the idea that when we work collectively that it is going to be more efficient and
reduce cost. And so I have concerns that the County has expended a lot of funds on
Habitat Conservation Plan of their own which I am not real clear of the status and
the scope of still and really wonder if we would have been better served to be part
of that collective effort. And I have the same concern about other large entities on
Kauai and... so I am very pleased to hear that you've received a letter from the
Administration indicating that they will be applicants and participants in this
process. That is really good news that I didn't hear until today, so thank you
Administration, and thank you all for coming here today.
Chair Asing: Any further discussion? If not, all those in favor
say aye.
The motion to receive C 2009-230 for the record was then put, and unanimously
carried.
Chair Asing: The next item please?
Mr. Nakamura: We are back on page 1 of the Council's agenda
Mr. Chair. Communications for receipt. We have communication C 2009-224, C
2009-225. On page 2 of the Council's agenda, communication C 2009-226,
communication C 2009-227, communication C 2009-228 for receipt.
C 2009-224 Communication (06/01/2009) from the Chief of the Building
Division, Department of Public Works, transmitting for Council information, the
Building Permit Information Reports for May 2009 that includes the following:
1) Building Permit Processing Report
2) Building Permit Estimated Value of Plans Summary
3) Building Permits Tracking Report
4) Building Permits Status
Mr. Kaneshiro moved to receive C 2009-224 for the record, seconded by Mr. Chang.
C 2009-225 Communication (06/08/2009) from the Director of Personnel
Services, transmitting for Council information, the following classification request
which the Department of Personnel Services will be reviewing and taking
appropriate action:
COUNCIL MEETING - 26 - July 8, 2009
• Finance Department, Position No. 222 (Redescription -Review of Real
Property Appraiser V)
• Finance Department, Position No. 216 (Redescription -Review of Real
Property Appraiser IV)
• Finance Department, Position 225 (Reallocation of Student Intern to Tax
Clerk)
Mr. Kaneshiro moved to receive C 2009-225 for the record, seconded by Mr. Chang.
C 2009-226 Communication (06/10/2009) from the Director of Personnel
Services, transmitting for Council information, the following classification request
which the Department of Personnel Services will be reviewing and taking
appropriate action:
• Finance Department, (New Position -Initial Allocation, IT Specialist)
Mr. Kaneshiro moved to receive C 2009-226 for the record, seconded by Mr. Chang.
Chair Asing: Any discussion?
C 2009-227 Communication (06/12/2009) from the Chief of Wastewater,
Department of Public Works, transmitting for Council consideration a Resolution
authorizing the Mayor or the Director of Finance of the County of Kauai to enter
into an Intergovernmental Agreement with the State of Hawaii, Department of
Health for a loan from the American Recovery and Reinvestment Act of 2009,
portion of the State Water Pollution Control Revolving Fund for the Waimea
Wastewater Treatment Plant Expansion, Phase I, Project No. C150047-04:
Mr. Kaneshiro moved to receive C 2009-227 for the record, seconded by Mr. Chang.
C 2009-228 Communication (06/16/2009) from the Director of Finance,
transmitting for Council information the Period 10 Financial Reports -Statement
of Revenues as of April 30, 2009: Mr. Kaneshiro moved to receive C 2009-228 for
the record, seconded by Mr. Chang.
Mr. Furfaro: Mr. Clerk, were you including 227 in the readings
or did you correct it to be 228?
Mr. Nakamura: I included both 227 and 228 Vice-Chair.
Chair Asing: With that, any discussion? If not, all those in favor
say aye.
The motion to receive C 2009-224, C 2009-225, C 2009-226, C 2009-227, and C 2009-
228 for the record was then put, and unanimously carried.
Chair Asing: Next item please?
COUNCIL MEETING - 27 - July 8, 2009
C 2009-229 Communication (06/18/2009) from the Director of Personnel
Services, transmitting for Council information an amended copy of the County of
Kaua`i's revised Personal Services Contract:
Mr. Nakamura: On communication C 2009-229 Mr. Chair, I think
possibly what we can do is... based on what the County Attorney asked is receive
this.
Chair Asing: Let's have a motion to defer.
Mr. Kaneshiro moved to defer C 2009-229, seconded by Mr. Chang.
Chair Asing: Hang on, hang on. Mr. Clerk, would that be the
better motion or is there another motion that may be more appropriate?
Mr. Nakamura: I was thinking based on what the County Attorney
said is to receive this and have it re-posted in the correct way.
There being no objections, the motion and second to defer was withdrawn.
Mr. Furfaro moved to receive C 2009-229 for the record, seconded by Mr. Kaneshiro,
and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter at the bottom of page 2 is
communication C 2009-231.
C 2009-231 Communication (05/11/2009) from the Housing Director,
requesting Council approval to decline the repurchase of Unit No. 63, Villas at
Puali, located in Puhi at 4024 Puali Place, Lihu`e, Kauai, Hawaii 96766, and
permit market sale of the unit for a period of one-year: Mr. Chang moved to
approve C 2009-231, seconded by Mr. Kaneshiro.
Mr. Bynum: I thought we received a communication... oh, it is a
different one?
Chair Asing: Okay, any discussion?
The motion to approve C 2009-231 was then put, and unanimously carried.
C 2009-232 Communication (05/28/2009) from the Fire Chief, requesting
Council approval to apply for, receive, and expend the Assistance to Fire Fighters
Grant (AFG) to purchase four (4) complete Portable Hydraulic Extrication Systems
in the amount of $81,112 which is 80% of the grant and the remaining 20% or
COUNCIL MEETING - 28 - July 8, 2009
$20,278 will be from the Kauai Fire Department's budget: Mr. Furfaro moved to
approve C 2009-232, seconded by Mr. Chang, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: On communication C 2009-233.
C 2009-233 Communication (06/04/2009) from the Fire Chief, requesting
Council approval to apply for, receive, and expend the Assistance to Fire Fighters
Grant (AFG) Fire Station Construction Grant, pursuant to the American Recovery
and Reinvestment Act of 2009 (ARRA) in the amount of $5,000,000 which will
defray the construction cost of the new Kealia Fire Station if awarded:
Mr. Nakamura: There was a communication from the Fire Chief
asking to have the Council receive this matter and it will be resubmitted in the
proper format I believe was circulated. Can we have a motion to receive this?
Mr. Kaneshiro moved to receive C 2009-233 for the record, seconded by
Mr. Kawakami, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter for approval is communication
C 2009-234.
C 2009-234 Communication (06/22/2009) from the Prosecuting Attorney,
requesting Council approval to:
1) Apply for, receive, and expend State funds for the continuation of the
Kauai Career Criminal Prosecution Program in the amount of
$117,272; and
2) Indemnify the State of Hawaii, Department of the Attorney General.
The funding received will be expended on salaries and wages for the Career
Criminal Prosecution unit to continue the program for the term commencing
July 1, 2009 through June 30, 2010:
Mr. Kawakami moved to approve C 2009-234, seconded Mr. Kaneshiro, and
unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter for approval is communication
C 2009-235.
C 2009-235 Communication (06/24/2009) from the Prosecuting Attorney,
requesting Council approval to:
1) Apply for, receive, and expend Federal Funds for the Kauai Victim of
Crime Act (VOCA) Expansion Program, pursuant to the American
Recovery and Reinvestment Act of 2009 (ARRA) in the amount of
$34,461; and
COUNCIL MEETING - 29 - July 8, 2009
2) Indemnify the State of Hawaii, Department of the Attorney General.
The funding received will be expended on contract services for the YWCA
Kauai for the Sexual Treatment Program as well as the Family Violence
Shelter for the term commencing September 1, 2009 up to August 31, 2012:
Mr. Kawakami moved to approve C 2009-235, seconded by Mr. Kaneshiro, and
unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: On the next matter at the bottom of page 3 which is
communication C 2009-236 if we could have this moved to the end of the agenda
until after the executive session briefing Mr. Chair.
Chair Asing: Thank you. We will now move it to the end of the
agenda. Next item please?
Mr. Nakamura: On the top of page 4 is communication C 2009-237
which is also a request from the Office of the County Attorney and if we could also
have this one moved to end of the agenda after the executive session.
Chair Asing: So noted. Can we have the next item please?
Mr. Nakamura: The next matter for approval is communication
C 2009-238.
C 2009-238 Communication (06/25/2009) from the Prosecuting Attorney,
requesting Council approval to:
1) Apply for, receive, and expend State Funds for the Kauai Victim
Witness Assistance Program, in the amount of $38,219; and
2) Indemnify the State of Hawaii, Department of the Attorney General.
The funding received will be expended on salaries and fringes for the Office of
the Prosecuting Attorney, Victim/Witness Program for the term commencing
July 1, 2009 up through June 30, 2010:
Mr. Bynum moved to approve C 2009-238, seconded by Mr. Kawakami, and
unanimously carried.
Chair Asing: Next item please?
Mr. Furfaro: Mr. Chair, on the next item I believe I should
recuse myself as I am the Secretary of the Salvation Army and Treasurer of the
Soup Kitchen and since this is a gift, I will recuse myself.
Mr. Furfaro left the room at 10:55 a.m.
Chair Asing: Thank you. With that, do we have a motion?
Mr. Nakamura: No. On communication C 2009-239.
COUNCIL MEETING - 30 - July 8, 2009
C 2009-239 Communication (06/30/2009) from the Director of Parks &
Recreation, requesting Council approval to donate a set of two (2) wooden picnic
tables with an approximate value of $800 to the Salvation Army Lihu`e Corps to
service the Kokua Soup Kitchen: Mr. Chang moved to approve C 2009-239,
seconded by Mr. Kawakami, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: On the next communication C 2009-202. We have a
communication from the Housing Agency requesting deferral.
C 2009-202 Communication (05/08/2009) from the Housing Director,
requesting Council approval to decline the repurchase of Unit No. 602, Hookena at
Puhi, located at 2080 Manawalea Street, Lihu`e, Kauai, Hawaii, 96766, and
provide the owner with aone-year waiver of the resale restriction: Mr. Kaneshiro
moved to defer C 2009-202, seconded by Mr. Kawakami, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matters for approval at the bottom of
page... starting at the bottom of page 4 are legal documents which is
communication C 2009-240.
LEGAL DOCUMENT:
C 2009-240 Communication (05/12/2009) from the Mayor, recommending
Council approval of the following:
• Deed by Port Allen Residential, LLC, conveying to the County of Kauai
Roadway Lots 64 through 67, Port Allen Residential Subdivision, `Ele`ele, Kauai,
for roadway purposes:
Mr. Kawakami moved to approve LEGAL DOCUMENT: C 2009-240, seconded by
Mr. Chang, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next legal document for approval at the top of
page 5 is communication C 2009-241.
C 2009-241 Communication (05/18/2009) from the Mayor, recommending
Council approval of the following:
• Dedication Deed by Canela Group LLC, conveying to the County of Kauai
Roadway Lots 83-B-4 and 84-B-4, Canela Residential Subdivision, Wainiha, Kauai,
for roadway purposes: Mr. Kawakami moved to approve LEGAL DOCUMENT:
C 2009-241, seconded by Mr. Chang, and unanimously carried.
COUNCIL MEETING - 31 - July 8, 2009
Chair Asing: Next item please?
Mr. Nakamura: The next legal document for approval is
communication is C 2009-242.
C 2009-242 Communication (05/18/2009) from the Mayor, recommending
Council approval of the following:
• Dedication Deed by Grove Farm Properties, Inc., conveying to the County of
Kauai Roadway Lots 1692 through 1699, incl., Map 171 and Lots 1795 through
1801, incl., Map 175, Land Court Application No. 1087 (amended), Pikake Phases I
and II, Lihu`e, Kauai, for roadway purposes:
Mr. Chang moved to approve LEGAL DOCUMENT: C 2009-242, seconded by
Mr. Kawakami, and unanimously carried.
Mr. Furfaro came back into the room at 10:58 a.m.
Chair Asing: Next item please?
Mr. Nakamura: The last legal document for approval on page 5 is
communication C 2009-243.
C 2009-243 Communication (06/23/2009) from the Executive on
Transportation, Transportation Agency, transmitting for Council approval a
recommendation to indemnify the landowners to establish bus stops on their
property as follows:
• Right-of--Entry Agreement by and between Hyatt Corporation, as agent of
Kawailoa Development, a Hawaii general partnership, dba Grand Hyatt Kauai
Resort and Spa and the County of Kauai for the Kauai Bus to establish a bus stop
for picking up and dropping off of passengers on their premises located by the guest
check-in entrance on the west side of the property:
Mr. Kawakami moved to approve LEGAL DOCUMENT: C 2009-243, seconded by
Mr. Bynum, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matter on page 5 are claims.
CLAIMS:
C 2009-244 Communication (06/15/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by State Farm Mutual
Automobile Insurance Company as subrogee for Brigetta Walsh, for damages to her
vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Furfaro
moved to refer C 2009-244 to the County Attorney's Office for disposition and/or
report back to the Council, seconded by Mr. Bynum, and unanimously carried.
COUNCIL MEETING - 32 - July 8, 2009
C 2009-245 Communication (06/24/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by Charles M. Saiki, for
damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai:
Mr. Furfaro moved to refer C 2009-245 to the County Attorney's Office for
disposition and/or report back to the Council, seconded by Mr. Bynum, and
unanimously carried.
C 2009-246 Communication (06/24/2009) from the County Clerk,
transmitting a claim filed against the County of Kauai by DTG Operations, Inc.
(DBA Dollar Rent-A-Car), for damages to their vehicle, pursuant to Section 23.06,
Charter of the County of Kauai: Mr. Furfaro moved to refer C 2009-246 to the
County Attorney's Office for disposition and/or report back to the Council, seconded
by Mr. Bynum, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: The next matters for approval are Committee
Reports.
COMMITTEE REPORTS:
ECONOMIC DEVELOPMENT/HOUSING COMMITTEE REPORTS:
A report (No. CR-EDH 2009-06) submitted by the Economic
Development/Housing Committee, recommending that the following be received for
the record:
"EDH 2009-5 Communication (6/16/2009) from George Costa,
Director of the Office of Economic Development, requesting agenda time to
provide an update on the Kilauea Irrigation Water Engineering Design and
Monitoring Study,"
Mr. Kawakami moved for approval of the report, seconded by Mr. Bynum, and
unanimously carried.
A report (No. CR-EDH 2009-07) submitted by the Economic
Development/Housing Committee, recommending that the following be approved on
second and final reading:
"Bill No. 2315 A BILL FOR AN ORDINANCE TO AMEND
ARTICLE 9 OF CHAPTER 6, KAUAI COUNTY CODE, 1987, AS
AMENDED, RELATING TO THE HOUSING REVOLVING FUND,"
Mr. Kawakami moved for approval of the report, seconded by Mr. Bynum, and
unanimously carried. (See later for Bill No. 2315)
Mr. Nakamura: The next Committee Reports for approval is from
your Planning Committee.
COUNCIL MEETING - 33 - July 8, 2009
PLANNING COMII~IITTEE REPORT:
A report (No. CR-PL 2009-05) submitted by the Planning Committee,
recommending that the following be approved on second and final reading:
"Bill No. 2316 A BILL FOR AN ORDINANCE TO AMEND
ZONING CONDITION IN ORDINANCE NO. PM-31-79, RELATING TO
ZONING DESIGNATION IN PO`IPiJ, KAUAI (Kiahuna Land Company, a
Hawaii limited partnership; and Po`ipu Town Center, LLC, Applicants),"
Mr. Bynum moved for approval of the report, seconded by Mr. Kawakami, and
unanimously carried. (See later for Bill No. 2316)
Chair Asing: Next item please?
Mr. Nakamura: Next Committee Reports for your approval from
your Committee on Public Works/Elderly Affairs Committee.
PUBLIC WORKS/ELDERLY AFFAIRS CONIIVIITTEE REPORTS:
A report (No. CR-PWE 2009-02) submitted by the Public Works/Elderly
Committee, recommending that the following be received for the record:
"PWE 2009-1 Communication (5/18/2009) from Councilmember
Dickie Chang requesting agenda time for Sue Briggum of Waste
Management to do a presentation on Environmental Justice and its impact
on the County's future plans relating to Solid Waste and Landfills,"
Mr. Bynum moved for approval of the report, seconded by Mr. Kawakami, and
unanimously carried.
A report (No. CR-PWE 2009-03) submitted by the Public Works/Elderly
Affairs Committee, recommending that the following be approved on second and
final reading:
"Bill No. 2314 A BILL FOR AN ORDINANCE AMENDING
CHAPTER 12 OF THE KAUAI COUNTY CODE - 1987 ENTITLED
"BUILDING CODE","
Mr. Bynum moved for approval of the report, seconded by Mr. Kawakami, and
unanimously carried. (See later for Bill No. 2314)
Chair Asing: Next item please?
Mr. Nakamura: The next matter for approval is a Resolution on the
top of page 7.
COUNCIL MEETING - 34 - July 8, 2009
RESOLUTIONS:
Resolution No. 2009-45 -RESOLUTION AUTHORIZING THE MAYOR OR
THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII,
DEPARTMENT OF HEALTH FOR A LOAN FROM THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009 PORTION OF THE STATE WATER
POLLUTION CONTROL REVOLVING FUND FOR THE WAIMEA
WASTEWATER TREATMENT PLANT EXPANSION, PHASE I, PROJECT
NO. C 150047-04: Mr. Bynum moved to adopt Resolution No. 2009-45, seconded by
Mr. Chang.
Chair Asing: Any discussion? Yes, Councilmember Kawakami?
Mr. Kawakami: I think I would like to note that I believe we did
receive some written testimony on this matter, so that is noted.
Chair Asing: Thank you. Any further discussion?
Mr. Bynum: Similarly, I just want to acknowledge written
testimony on this matter raising questions about the Waimea and Hanapepe River
levies which I am going to follow up with questions from Public Works related to
that communication.
Chair Asing: Thank you. Any further discussion? If not, roll call
please.
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next matters are bills for second reading.
Chair Asing: We will take a caption break. We are going to take
a 10 minute caption break.
There being no objections, the Chair called for a recess at 11:02 a.m. The meeting
was called back to order at 11:20 a.m., and proceeded as follows:
Chair Asing: With that, Mr. Clerk, can we have the next item
please?
COUNCIL MEETING - 35 - July 8, 2009
Mr. Nakamura: We are on page 7 of the Council's agenda on bills
for second reading Mr. Chair. The first bill for second reading is Bill No. 2314.
BILLS FOR SECOND READING:
Bill No. 2314 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 12
OF THE KAUAI COUNTY CODE - 1987 ENTITLED "BUILDING CODE":
Mr. Bynum moved to approve Bill No. 2314 on second and final reading, and that it
be transmitted to the Mayor for his approval, seconded by Mr. Kawakami.
Chair Asing: Any discussion? Yes, Councilmember Bynum?
Mr. Bynum: This came from Public Works to make kind of
technical changes, so I am sure that there will be support for it, but I just wanted to
take this opportunity to note that they are also working on amending the building
code to comply with the International Energy Efficiency Building Code and
hopefully that will be coming to us in the near future which might warrant more
discussion than this particular bill, so thank you Mr. Chair.
Chair Asing: Thank you. With that, Councilmember...
Mr. Furfaro: I just want to remind my colleagues that we do and
have earmarked several thousand dollars to do our own version of energy
sustainability plans for Kauai which may also lead to some future potential
changes in ordinances. And I hope by the next time we meet in Planning, I can
make sure that everyone has a draft of where we are on that energy bill.
Chair Asing: Thank you. Any further discussion? If not, roll call
please.
The motion to approve Bill No. 2314 was then put, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The next bill for second reading is Bill No. 2315.
Bill No. 2315 - A BILL FOR AN ORDINANCE TO AMEND ARTICLE 9 OF
CHAPTER 6, KAUAI COUNTY CODE, 1987, AS AMENDED, RELATING TO THE
HOUSING REVOLVING FUND: Mr. Chang moved to approve Bill No. 2315 on
second and final reading, and that it be transmitted to the Mayor for his approval,
seconded by Mr. Kawakami, and carried by the following vote:
COUNCIL MEETING - 36 - July 8, 2009
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Next item please?
Mr. Nakamura: The last bill for second reading is Bill No. 2316.
Bill No. 2316 - A BILL FOR AN ORDINANCE TO AMEND ZONING
CONDITION IN ORDINANCE NO. PM-31-79, RELATING TO ZONING
DESIGNATION IN PO`IPU, KAUAI (Kiahuna Land Company, a Hawaii limited
partnership; and Po`ipu Town Center, LLC, Applicants): Mr. Kaneshiro moved to
approve Bill No. 2316 on second and final reading, and that it be transmitted to the
Mayor for his approval, seconded by Mr. Kawakami.
Chair Asing: Any discussion?
Mr. Furfaro: Mr. Chair, I am going to ask that we move this bill
on second reading, but I do want to ask my colleague Mr. Bynum some of the
dialogue that came up during this piece was an update on the flooding issues with
Po`ipu Park and that would be in your Committee if you can do a follow up as we
said to get something scheduled as well as I will be doing something with cultural
and historical pieces on future agendas.
Chair Asing: Thank you.
Mr. Bynum: Thank you Mr. Furfaro and I would be happy to do
that. I have some outstanding questions from Planning and Public Works that they
have yet to respond to, so I think that is a really... on some of the flooding issues, I
will follow up on that, so thank you very much for that.
Chair Asing: Any further discussion? If not, roll call please.
The motion to approve Bill No. 2316 was then put, and carried by the following vote:
FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION: None TOTAL - 0,
EXCUSED & NOT VOTING: None TOTAL - 0.
Chair Asing: Can we have the County Attorney up please?
There being no objections, the rules were suspended.
COUNCIL MEETING - 37 - July 8, 2009
ALFRED B. CASTILLO, JR., COUNTY ATTORNEY: Good morning Council
Chair, Councilmembers.
Chair Asing: Good morning.
Mr. Kaneshiro: Good morning.
Mr. Castillo: Al Castillo, Jr., County Attorney. I guess the next
matters for your consideration would be ES-390 and ES-391.
ES-390 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4), (6) and (8),
and Kauai County Charter section 3.07(E), the purposes of this executive session
are to provide Council a briefing, update, and to request authority relating to
possible settlement proposal(s) in the cases of 1000 Friends of Kauai, et al. v.
Department of Planning, et al., Civ. No. 07-1-0007 (Fifth Circuit Court); Coconut
Beach Development, LLC v. Countv of Kauai, et al., Civ. No. 07-1-0026 (Fifth
Circuit Court); Coconut Plantation Holdings, LLC v. Countv of Kauai, et al., Civ.
No. 07-1-0027 (Fifth Circuit Court); Coconut Beach Development LLC v. Brvan
Baptiste, et al., Civ. No. 08-00036 SOM/KSC (U.S. District Court, District of
Hawaii) and related matters. This briefing and consultation involves consideration
of the powers, duties, privileges, immunities and/or liabilities of the Council and the
County as they relate to this agenda item.
Mr. Castillo: May I have permission to read the next one?
Chair Asing: Yes.
Mr. Castillo: ES-391.
ES-391 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4), (6) and (8),
and Kauai County Charter section 3.07(E), the purpose of this executive session is
to provide the Council a briefing on Planning Department of the Countv of Kauai
vs. Patricia W. & Michael G. Sheehan, Sr. Permit Numbers: Special Management
Area Use; Permit SMA (U) 87-8; Use Permit U-87-32; Special Permit SP-87-9; Class
IV Zoning Permit Z-IV-87-40, (Planning Commission of the County of Kauai, State
of Hawaii) and related matters. This briefing and consultation involves
consideration of the powers, duties, privileges, immunities and/or liabilities of the
Council and the County as they relate to this agenda item.
Chair Asing: Thank you. With that, I would like to call the
meeting back to order and have a motion to move into executive session.
Mr. Bynum moved to go into executive session on items ES-390 and ES-391,
seconded by Mr. Chang, and unanimously carried.
COUNCIL MEETING - 38 - July 8, 2009
Chair Asing: I am sorry, I didn't open it up for the public if the
public had anything to say. If not, thank you. We are going to move into executive
session. Thank you. We have a 1:30, for the public's information, three (3) bills for
public hearing at 1:30 today. Thank you.
There being no objections, the Chair called for a recess at 11:25 a.m. The meeting
was called back to order at 1:35 p.m., and proceeded as follows:
Chair Asing: For those of you who are in the audience, we have
two (2) short items and then we will get to the public hearing. Thank you. With
that, Mr. Clerk, can we have the next item please?
Mr. Nakamura: Mr. Chair, we are back on page 4 of the Council's
agenda which is a communication for approval... communication C 2009-237.
C 2009-237 Request (06/25/2009) from the Office of the County Attorney for
authorization to expend funds up to $75,000 for special counsel to represent the
Planning Department of the County of Kauai in Planning Department of the
Countv of Kauai vs. Patricia W. & Michael G. Sheehan, Sr. ,Permit Numbers:
Special Management Area Use; Permit SMA (U) 87-8; Use Permit U-87-32; Special
Permit SP-87-9; Class IV Zoning Permit Z-IV-87-40 (The Planning Commission of
the County of Kauai, State of Hawaii) and related matters: Mr. Bynum moved to
approve C 2009-237, seconded by Ms. Kawahara, and unanimously carried.
Chair Asing: Next item please?
Mr. Nakamura: We are back on page 3 of the Council's agenda... at
the bottom of page 3. Communication for approval... communication C 2009-236.
C 2009-236 Request (06/24/2009) from the Office of the County Attorney for
authorization to expend additional funds up to $100,000 for special counsel to
represent the County in 1000 Friends of Kauai, et al. v. Department of Planning, et
al., Civ. No. 07-1-0007 (Fifth Circuit Court); Coconut Beach Development, LLC v.
County of Kauai, et al., Civ. No. 07-1-0026 (Fifth Circuit Court); Coconut
Plantation Holdings, LLC v. Countv of Kauai, et al., Civ. No. 07-1-0027 (Fifth
Circuit Court); Coconut Beach Development LLC v. Bryan Baptiste, et al., Civ. No.
08-00036 SOMIKSC (U.S. District Court, District of Hawaii) and associated
matters: Mr. Kawakami moved to approve C 2009-236, seconded by Mr. Chang, and
unanimously carried.
Chair Asing: This being the end of the agenda, the Council
Meeting is now adjourned.
ADJOURNMENT:
COUNCIL MEETING - 39 - July 8, 2009
There being no further business, the meeting was adjourned at 1:36 p.m.
Respectfully submitted,
PETER A. NAKAMURA ~ ~ ~~`-'
County Clerk
/lki