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HomeMy WebLinkAbout09-09-2009 Council Meeting Minutes COUNCIL MEETING September 9, 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, September 9, 2009 at 10:14 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. Chang. Chair Asing: You know, before we proceed, I think just for the public and everybody else, we have some time constraint items. So the first item I believe that we will be taking up would be on page 2 and on page 2, that is item number... communication 298 will be on the first item that we will take up and then the second item will be taken up probably is going to be three (3) bills which is on page 5. I am sorry, four (4) bills, Bill 2324, 2325, 2326, and 2327 and the reason I say maybe is because we also have an attorney from Honolulu who is going to be here and we need to get him out by... Peter, by lunch time and, therefore, he has to leave for Honolulu, so we may have to have him in executive session first, so that he will have time to catch his plane back to Honolulu. But tentatively, that is what we've set up and we need to take into consideration that time element that we have for the attorney from Honolulu. With that, can we just go ahead and take the first item Peter? PETER A. NAKAMURA, COUNTY CLERK: The first matter is approval of the minutes of the following meetings of the Council. MINUTES of the following meetings of the Council: Council Meeting of August 5, 2009 Council Meeting of August 19, 2009 Public Hearing of August 19, 2009 re: Bills Nos. 2320 and 2321 COUNCIL MEETING - 2 - September 9, 2009 Mr. Furfaro moved for approval of the minutes as circulated, seconded by Mr. Kaneshiro, and unanimously carried. Chair Asing: Next item please? Mr. Nakamura: At this time, we are on page 2 of the Council's agenda for communication C 2009-298. C 2009-298 Communication (08/24/2009) from Diane Zachary, President & CEO, Kauai Planning & Action Alliance, requesting agenda time to give the Council a briefing on the second edition of its New Community Indicators Report, "Measuring What Matters for Kauai": Chair Asing: Thank you. Councilmembers, there is going to be a screen setup, so I don't know if you want to move Councilmembers before we start. Okay, with that, Diane, it is now open for your presentation. With that, go ahead. There being no objections, the rules were suspended. DIANE ZACHARY, PRESIDENT & CEO, KAUAI PLANNING & ACTION ALLIANCE (KPAA): Thank you so much. Chair Asing: Good morning. Ms. Zachary: Good morning Councilmembers and Council Chair Asing. It is such a pleasure to come before you and talk with you about this community indicators report. It is something that has been in the works and in development for about a year, and a lot of work has gone into it, and we are looking forward to presenting it to you. Let me give you a really brief overview of what I will cover. We will do a little background on the project. I will tell you what a community indicator is. Just as a reminder for those of you who may not recall. We will also talk about how the indicators that we are using were developed and give you some highlights of the report which includes 57 different indicators that are divided into seven (7) issue areas. It also includes a trend for each indicator and then there are opportunities for action for each of the seven (7) areas, and then I will conclude with talking about some of the next steps related to this report. So in terms of the background of the project, in our General Plan there is a statement that says that the Planning Department shall collaborate with community organizations in developing indicators and benchmarks to measure progress relative to the General Plan and other community goals. In 2005, KPAA began work on its community indicators project to really move that implementing action forward. The first biannual report was issued in 2007. It covered the timeframe generally of 2000 to 2005, so this particular project covers through 2008 in most cases and we are very grateful to the supporters of this second edition which includes the County of Kauai through its grant to KPAA, the Gannett Foundation, COUNCIL MEETING - 3 - September 9, 2009 the Bank of Hawaii Charitable Foundation and First Hawaiian Bank. So what are indicators? Sometimes it is like, what does that even mean? Community indicators measure and track information that is really important to a community in a variety of areas. You look at it as a whole. It reflects the community's quality of life and its sustainability. It provides a snapshot in time on how the community is doing. It looks at... for that year, how did it do? The wonderful thing is that data can be tracked over time, so you can start looking at what are the trends that we see relative to particular issues? And it becomes important for Kauai as we develop as we grow and as we change. The indicators become tools for social, economic, and environmental change. It also can help us determine, are we moving in the direction that we want to be moving? Is that a desire direction? Or is it something that we go, wait a minute, that is not quite what we have in mind, we want to do it a different way. It helps to suggest where there is a need for changes and policies, and programs in funding or in strategies, so that we can correct the course. So the purpose specifically of our community indicator's project is to track areas important to our community to determine our progress in fulfilling the vision of our General Plan, provide that track information in government such as you today to businesses and to non-profits to assist in planning, policy setting, program project, and budget decisions. And finally, to identify and promote opportunities for action to better achieve the direction that was set by the community's vision. So three (3) primary purposes. So the way that we went about developing the community indicators. We started with researching indicator projects around the country particularly in 2005, we did a lot of intensive research and discussion, and then in 2006, 55 different indicators were selected by a community advisory committee, and we confirmed those 55 community meetings. So we asked for the public's input. Are we looking at the right things? Are we measuring the right things? For the 2008 report, this current report, again, we brought together our community advisory committee, we deleted six (6) indicators where it wasn't really possible to get good information, and we added eight (8) new ones, so we now have a total of 57. There is a long list here of indicator's advisory committee members. I have to tell you they were such a fabulous group to work with. They represented a really diverse cross section of our community including people from government, non-profits, community groups, and they were the backbone of this effort. So as I mentioned the data for this report covers 2005 to 2008. That is the update. In many cases, it also includes previous data, so that, you can see the trend. The data was gathered from January through July of this year and where we got the information was from agencies and organizations on Kauai and around the State. We worked with many different organizations, but also some of the information wasn't something that you could easily quantify. It was really about quality kind of issues and in order to gain that, we did a telephone survey where we hired FAQ Hawaii to survey 400 adult residents over the age of 18. Here on the island, they looked for geographic distribution, ethnic distribution, and age distribution, and that was done in May. And then we had the fabulous assistance of Ken Stokes of the Kauaian Institute COUNCIL MEETING - 4 - September 9, 2009 who took all that data, analyzed it, created fabulous charts and graphs and narrative for our report, and Ken is here in the audience. And I tell you, he is just a wizard and a real master at working with data and was terrific to work with. The structure of the report includes an executive summary. Sometimes it is hard to get through the whole thing, so we wanted to give a really short synopsis of it, so that if you don't have much time, at least read the executive summary. It includes an introduction that goes into sort of the background of all of it. It talks about the findings in the seven (7) areas and those include the economic and business climate, public education, neighborhood and community health and well being, civic engagement, the natural environment, land use and rural character, cultures and arts, then there are opportunities for action. What can we do? How can we make a difference on some of these things? And in the appendices, there is information about the telephone survey how we did it. There is a profile of Kauai County that is a great reference for someone who wants a snapshot of the County, and there is a little bit of information about KPAA. So let me move into some highlights of the findings. As I mentioned, there are 57 and in the time we have today, I could only go into a few of these, and so I have selected some that you might find particularly of interest, but I hope that you will read the entire report to see all of them. So this is a list of 11 that are included in the economic and business climate section. The ones that are bolded... if you note the... if you can see that. The one that are bolded as the ones that I am going to cover today. The first one is related to median family income and if you see in yellow at the top, that is the trend that we see. So family income is increasing, but it is lagging behind inflation. So if you look between 2000 and 2008, there is quite an increase in the amount of money that are median family income represents for each family and it higher than the national average. But if you look on the right side under this side under constant dollars, that takes inflation into account. In fact, though our income is increasing, it is still not keeping pace with inflation and we are losing a little bit each year because of inflation, but still we are a little bit ahead of the U.S. rate. This is another representation of the same data that shows the constant dollars in blue is Kauai and in green is the U.S. And so you can see that we are going down a little bit each year in terms of the constant dollars that we have. So if you feel like you don't have quite as much money as you had in 2000, it may be true. For the first time, we looked at a living wage on Kauai and what does that really mean for our families. The average wage on Kauai is about $17 an hour, but that is still below the living wage for families with kids. If you are a single person, living wage is calculated at about $9.82 an hour and if you are earning the average wage of $17, you are doing okay, but let's say that you are a single parent and you have one child, the living wage is $17.92 an hour, so even if you are earning the average wage, you are not earning quite enough to really get by. It becomes even more difficult if you have your two (2) adults and two (2) kids. So what this means is you have many families are being forced to work more than one job, so both parents COUNCIL MEETING - 5 - September 9, 2009 have to work in order to make sure that they have enough money to take care of their children. This is just another way of looking at it where two (2) adults, two (2) children... if you are earning the average wage and there is only one person working, you have only 61% of the amount needed in order to care for your family. Unemployment is another thing that we looked at and here I want to issue the first disclaimer. This was information that was through the year 2008. We know that since 2008, the economy has changed very dramatically, so these numbers again are only through 2008, and so it doesn't reflect today. But if you look in the year 2000, our unemployment rate was 4.5%. That plummeted in the year 2005 to 2.7% (inaudible) even lower 2.4% in 2006, but by the end of 2008, right here, it started going up, up, up to 4.5%, and so it was really climbing rapidly after hitting record lows in 2006. Now what is the unemployment rate today, it is about 9.8%, so this chart will look dramatically different if we were doing it today. I have to say the affordability of home rental be changed based on something that Chair Asing said the last time we presented to you. We were looking at our homes affordable to rent. We were using two (2) bedroom units as examples, so he said that lots of families live in three (3) bedroom units, so we made sure this year that we included that. Pretty interesting that median rents have risen just slightly, but the affordability of rents has also increased. So if you look, for example, let's just take the example- of the three (3) bedroom units which is right in this column. In the year 2000, the monthly rent was about $1,445. In the 2008 that same unit was about $1,485, so a pretty modest increase in all those years and yet our income rose more than the rate of increase for the rental. And so whereas people who had 97% of affordability in 2000 had a 112%. They were more able to afford it in the year 2008. I am going to move now to public education indicators. We had four (4) of them and I am going to try to cover three (3) of them for you today. Graduation rates in our high schools is something that is really important for us to track and we are finding that graduation rates are slipping a little bit, yet they are still above the State rates. So in the year 2008, 92% of seniors completed school. In terms of those that graduated on time, in other words, in four (4) years, 86% graduated on time. There is column here that you will see that says, Freshman dropped. That particular column refers to students who started as Freshman and for one reason or another left before they graduated. Now it doesn't necessarily mean that they dropped out of school, it could mean that they became... they went to a private school instead, but 11% of them did not graduate with their peers. So if we had 86% graduating on time, that compares to a State rate of 80%. So we are doing better than the State rate, but I think most of us really worry about that 14% that are not graduating on time. This is just another way of looking at it, can this develop, different kinds of charts and graphs, so you can see things not just in a table format, but also in chart formats. So in the sort of red here are senior completers and in white the students graduating on time. What happens to students after they leave school? The Department of Education does a survey when students are leaving school and in 2007 the last for which we have numbers, 489 of the 634 COUNCIL MEETING - 6 - September 9, 2009 students said that they were going to be doing some additional schooling, so that is 77%. 125 were going to be going to a four (4) year college in Hawaii. 105 to a four (4) year college outside of Hawaii and 259 to other schooling. Now this is great. We are having an increase in the number of kids that are going onto additional schooling beyond high school. So this sort of a lime green in the middle of these bars represents those that are going to college in Hawaii and the yellow is college in some other State, and the blue is some other kind of schooling. So it could be a trade school, it could be some other kind of school. But this is one that troubles me a bit, college readiness. Most of the high school graduates that are entering Kauai Community College are testing below college transfer level. So if you look in the... oops, excuse me. If you look in this column, 31% of the students who are going onto KCC are lacking basic skills. 34% are... they are operating at the developmental skill level and only 35% are able to do transfer level courses. So reading, writing, and math are the three (3) areas that are tested for and our students are really deficient in all areas, but particularly reading at the transfer level. So what that means is once they get to college they have to take additional courses, so that they can get the skills that they need to be able to take college level work. I want to move now to neighborhood and community health and well being indicators. We have quite a lot of them and obviously I can going to select just a few. One of the ones they wanted to look at is the perception of neighborhood safety. We found that three (3) out of four (4) people feel safe walking in their neighborhood at night. We asked this in a telephone survey and that is how we got the information. About 78% feel safe walking in their neighborhood. People 34 and under are the ones that feel the most safe. Those 65 or older feel the least safe. 71% say that they feel safe in their neighborhood at night. We also looked at violent and property crime rates. We found that the violent crime rates are inching up, but property crime rates are increasing. And so just a slight increase between 2006 and 2007 with the violent crime index, but if you jump over here in this column, quite an increase in the number of violent crime arrests. In terms of the property crime index, a big jump from 2006 to 2007 after a low in 2005, and also a huge jump in property crime arrest, almost double from between 2006 and 2007. Another representation showing you how things are... this compares Kauai to the State numbers, so Kauai is in the red, the State is in the light blue, and you can see violent crimes really peaked on Kauai in 2002, 2003, and 2004. And then our property crimes started going up 2007. Medical insurance coverage is another issue. You know, a lot of talk about health care reform nationally. The number of medically insured... uninsured, excuse me, rises slightly. It was at its low point in 2005, but it has gone back up again. The percentage of people on Kauai who are medically uninsured, 6.6%, and that compares to the State 5.2, so we have quite a large... much larger number of people on this island who are medically uninsured than it is (inaudible) statewide. COUNCIL MEETING - 7 - September 9, 2009 Now here is one that I would love to show. Tobacco use... the share of smokers including youth smokers continues to decline and pretty substantial numbers here. If you look at this column of current smokers, it used to be 25%, it is all the way down to 16% in 2008, and of the people who have never smoked, it was 52%, now at 2008 at 56, and our youth smokers down to 9%. So all of the programs that are really targeting anti-smoking really seems to be paying off. We rely so much on the Internet these days and we wanted to ask if people have Internet access at home. And we found that Internet access is high and is rising for all residents. 72% of folks on our island have Internet access at home and the largest... excuse me, the lowest access is in the south and the west, but the rest of the island is at about 73%. Sort of interestingly in a way that I guess between the ages of 25 and 34, that is where the highest Internet access at home, 88%. There is a lot of talk all the time about the aloha spirit and this was one of our telephone survey questions asking people if they thought that the aloha spirit was the same as it ever was, getting stronger, or is it getting weaker. More residents say that the aloha spirit is the same or weaker, so all, you know... in all, 13% said it is stronger than it has ever been. 38% said that it is the same, but 43% said it is getting weaker and there is actually some... let's see, by age, it is kind of interesting to look at by age. The green on the left represents those who think it is getting stronger. Actually, the highest number there, under 25 think... 13% and 55 through 64 year olds also think it is getting stronger. Civic engagement is something that is really important to just the health of our citizenry, and there are a couple things here that we looked at. We asked the community in the telephone survey about their opinion of public services and public facilities. We found that their satisfaction with public services, that rating is falling, but their rating of existing or new public facilities is rising. So if you look at the facility section of this, 12% are very satisfied with existing facilities, 9% satisfied with new facilities, but most people are somewhat satisfied. If you combine those two (2), the majority is satisfied in one way or another whether it is somewhat or very. They are more satisfied actually with public services, so we have 79% of people that are very satisfied or somewhat satisfied with our public services. We did ask them if there is one thing that is an issue that County government could tackle that would make you happy, what would it be? Well, perhaps not surprisingly and this is actually very much in line with what came out on top in our 2006 report. Roads and traffic, that is that big pink bar at the top. That is the one issue that was mentioned most by people. The next were parks... people wanted more parks and cleaner parks. The third area was accountability, government accountability, and productivity, and then a range of other things in addition. Over two-thirds of our residents contribute volunteer time and we have such a generous community. It never ceases to impress and amaze me. 68% are COUNCIL MEETING - 8 - September 9, 2009 volunteering and I think have... yea, on this chart it shows how much people are volunteering. This was another telephone survey question. 21% of our folks are volunteering 16 hours or more in a week. We have 29% that are volunteering three (3) hours or less in a week. So people are generally very giving of their time, very helpful to our community. The natural environment is another important issue for us. This is a new indicator that we are really appreciative to the Water Department for helping us gather this information. The number on the left shows the number of miles of water mains and the number continues to increase on Kauai as we grow. I find it really interesting the number of service connections which is this column fluctuates dramatically, so you would think that it would continue to grow right along with the miles of water mains, but such is not the case. Number of fire hydrants is increasing. That is great for our safety and help with our Fire Department. Our consumption is continuing to grow, so we are using more and more water. Our average daily consumption is 12.8 million gallons. You will see here that it says that the maximum daily capacity is 26.1 million gallons per day. But on the next chart, I want to show you something. This shows the average daily water consumption, but while 12.8% is about what we are using a day, we don't always have that much available, so the average actually available is 12 million gallons a day. So there are some days where they are really having to tap into storage and we are not having sufficient water for what our use is. So we really need to be cautious about our use. You might say, well, gee, but I saw that high number for what is available. This column on the right shows daily capacity. Actually, only about 46% of that water is usually available at any one time. Energy use and diversification. The total kilowatt hours are still climbing, but per capita use is falling, so you might see here that we... in 2008, the kilowatt hours (inaudible) decreased which perhaps isn't surprising when you think of what was going on with electric rates last year and the percentage of renewables increased over the previous years over 2007, but still were not even close to what it used to be in terms of the percentage of renewables which reached about 18% at one time. Our per capita use dropped a little bit and this shows are our per capita use trend. This was a telephone survey question where we asked if any of the residents produced some of their own energy and found that 34% of people actually produce energy in one way or another. We did not ask if it is was solar hot water heaters or windmills or whatever, and we have decided that that will be a question that we will ask in our next survey, so that we are clear exactly what the source is. But the greatest alternative energy is in the south and west followed by the east. Solid Waste disposition is something that, you know, there is a lot of discussion about lately with the citing of the landfill, and we found that the waste stream and waste per capita continues to grow, however, there is a little bit of unreliability of data which was kind of frustrating. The fiscal year 2006, 2007 information was only an estimate from our R.W. Beck. There were no hard numbers that we could draw on, but we were able to get figures, real figures for fiscal year 2008. So the percent of our waste stream that is currently diverted is 27.5%, so the COUNCIL MEETING - 9 - September 9, 2009 tons per capita has dropped to 1.4 just slightly more than it was in fiscal year '02 and '03. Land use and rural character. Other important issues for us to think about particularly relative to the General Plan. The number of vehicle miles is falling fast as the demand for gas declines. Excuse me. So, again, with our... the gas prices as they were last year, people were driving much less than they were in previous years. Also at the same time, the average miles per gallon started going up in our vehicles. Bus Ridership. This is another one that I really love. Bus ridership and the rate of increase are both climbing fast. If you look at 2001, the 155,000 (about) people were taking the bus, but in 2008, it had doubled to 331,000. That is so fantastic. So our paratransit actually went down a little bit, but so many more people are riding the bus with the expanded routes and the expanded schedules. So this shows the annual change. So just between 2007, 2008, it was a 27... excuse me, a 24% increase in that year, so terrific. But we always think that we can do even better, so we asked people in the telephone survey if it was practical and convenient, would you be willing to carpool or ride share or take the bus if you drive to work normally. We found that of the people that were surveyed, 56% work outside the home and 93% of them actually drive their own car. But of those, 34% said that they would actually think that it would be practical to carpool or to ride share. They don't have to take their own car every time. 47% said that they would find taking the bus practical, so we have to find ways to transfer these people from their car into that previous slide of bus ridership or create carpools or ride share programs. So in the east... the most people in the east found that they would find the bus practical followed by the south and the west, and the south and west was a little bit more interested in carpooling and ride sharing than other folks. This one is related to active agricultural lands. We found that small farms are growing as large farms are getting smaller, so this includes the number of acres in small farms which are up to 100 acres... the number of acres in large farms which is everybody else, so more and more small farms are developing, and the number of large farms is a higher number, but the acreage is smaller. We really want to thank the property tax office for their help with this particular one. The next one focuses on the creation of new lots. One of the things that the General Plan talks about is the protection of our open space and we are finding that agricultural lots and ag CPR units are really continuing to grow and grow. One of the things... if you will look in the year 2000, there are actually no CPR units in that particular year versus 376 ag CPR units in 2005. In 2007, there was 82 ag CPRs, so it fluctuates greatly. Some years there is a lot and some years there is either none or not so many, but if you look at in total what is going on, we have many... we have a lot of ag units compared to residential units... almost of the same number of ag units being developed as residential lots. So this shows by district what is going on. Hanalei is the purple. In 2002, the big growth was in Hanalei. Kawaihau is the... COUNCIL MEETING - 10 - September 9, 2009 the color looks almost the same there, but Kawaihau is white. In 2005, the big growth was in the Kawaihau area of ag and CPR lots. Planning approvals were another area that we looked at. The General Plan and zoning amendments are staying pretty low. We are not making a lot of amendments to our General Plan or zoning and~the number of permits actually are beginning to fall. The economy seem to show its face in 2008 or subdivision applications really decreased dramatically though the number of final approvals... probably people who had submitted earlier... we had 31 approvals, the zoning permits 961 which was considerably lower than the previous several years. Building permits decreased as the share inside towns drops, so this is meant to look at... are we building in side towns as the General Plan talks about? Trying to build within some town boundaries or are we building outside? And as you will see, the far right shows the percentage of buildings that are happening inside towns and it was doing pretty good until it got 2008 and only 49% in 2008. Our final section is cultures and arts and I am going to highlight just two (2) in the section. (Inaudible) is such an important commodity for so many reasons in Hawaii and particularly on Kauai. The taro slumps as Kaua`i's share of taro falls, so what that means is the tons of taro sold between 2000 and 2007 was cut about 40, 45%. I mean it really was cut dramatically, but still our State share, we have 70% of the taro on this island that is being sold, but the tons of taro being produced and sold is decreasing. I keep doing this. Subsistence food gathering is the last one that we will look at. This was a telephone survey question. We found that a large share of families gather or grow some of their own food. 35% of all the people that we talk to hunted fish or gathered, and of those, 30% got more than 10% of their food that way. They might sound a little bit confusing, but we are asking, how much of your food are actually hunting, fishing, or gathering. 30% of those who are doing it, but then you go to grow or raise food. 50% are growing or raising some of their own food. 26% of those are getting more than 10% of their food that way. Though this doesn't show it when you compare it to the 2006 report, there is a... it was 40% were growing or raising some of their own food comparing to 50. So all the community gardens that are getting established, the backyard gardens that are getting established are beginning to have an impact. I know we have a time constraint here. What I wanted to do was give you a narrative, but I am thinking because of time, I won't do that and I am going to give it to you to read. I have written Kaua`i's story based on the indicators and I will have that distributed to you when we finish. It is a pretty interesting story where there is some highs and there are some lows, and I think we really need to give serious consideration to the lows and we need to celebrate every time there is a high. What I did want to call your attention to though is the opportunities for action which are at the very back of this report and there are many of them and it is to get COUNCIL MEETING - 11 - September 9, 2009 to some of those lows particularly and term them around in some other way. So we have a whole series where we... of suggestions where we want to really promote economic resilience to our ag jobs and green jobs. We want to support training and incentives to make sure that farming is a viable economic sector where our farmers can make money. We want to expand opportunities to increase the number of living wage jobs, we want to promote mix use developments for rental and for purchase, so there are different housing types to choose from that serve a range of income and age levels, and we want to support home ownership preparation programs. In public education, we need to make sure that the DOE is giving us consistent data, so that we can track one year to another. How we are doing? What our progress is because it has been changing in recent years and it is not consistent. We want to support and encourage student achievement. We would like to see students... student achievement academically be on a par with the support for sport achievement. We want to encourage all students to graduate from high school and pursue and pursue post high school education or training, and we want to strengthen our curriculum in life skills. In terms of neighborhood and community well being, we want to support programs that provide emergency food and temporary housing for those in need, but we have to really look at these long term strategies related to living wages and affordable housing. We need to support and strengthen our public safety and give the Police Department the staffing and funding they need to make us all feel safe at night. You have to make sure that we have programs that are aimed at reducing domestic violence and child abuse, and keep on supporting those community education activities like get fit Kauai that promote a healthy lifestyle and livable communities. Civic engagements: The community needs to be engaged and have the opportunity to understand our needs and provide input related to those needs. We want to make sure that volunteerism and philanthropy are continued to be celebrated and appreciated, and we need to increase our public understanding and participation in the electoral process which can be very complex for some people, and we need to find a way to make it more understandable. This one actually is related to natural environment although it doesn't say that. We have to make sure that our coastal water quality is cared for and that we are reducing runoffs into our coastal waters, prevent ocean drownings. Too many of our visitors are drowning. We have to make sure that KIUC and our local producers are supportive in their efforts to generate renewable energy, so that we can get off of fossil fuel, and we have to have a building code that really encourages more energy efficient buildings and home designs. Oh, there it is. It was just slow in coming. We really saw how the Department of Water infrastructure needs to get some support and they have to be able to increase their reliability in their capacity, and COUNCIL MEETING - 12 - September 9, 2009 we have to make sure that we promote resource conservation programs in energy and water and solid waste to reduce our per capita use. We are just using too much of our resources. We want to develop our infrastructure and support needed recycling resources and make sure that there is economic opportunities that emerge from the trash that we have. And then make sure that we've got the statistics that we need on our municipal solid waste, so that we know how we are doing. Related to land use and rural character, we want to continue to increase that Kauai Bus ridership and through a branding program in making sure that the system is really user friendly and then figure out, are there other alternatives that we need to augment that bus system, and make sure... finally in this area, maybe not finally, but in terms of food self sufficiency, we want to make sure that we've got acreage, ag acreage that is preserved, so that we can grow our food not just for today, but for the citizens to come. Farm worker housing is, I know has been a big issue. We want to make sure that farming is precisely defined and farm worker housing is precisely defined in our CZO update, and we want to look at what are the incentives that we can provide to farmers to make it easier for them to be able to have farming be a viable opportunity. Related to sustainability, we have to look at what are the closed loop food systems that we can initiate that will really maximize our resources, and increase our self sufficiency. We would like to have a comprehensive water study for agricultural lands to look at how do we need to increase water for that purpose. We need to replenish our ag soils and create models to limit CPRs on ag lands. I am sure other counties have struggled with this. How can we see... is there a way that we can strengthen our local controls to curb the conversion of ag lands to CPRs, and then how can we support projects that utilize land within the town boundaries rather than expanding beyond the town boundaries. And the final area, we want to make sure that we figure out ways to keep our taro crops strong by mitigating pest and diseases, and make sure that we are encouraging people to have home and community gardens, and protect their opportunity to gather and to hunt and to fish. So we have distributed this report to over a hundred decision makers on this island and our State Legislators. It is available online and it is available in the public libraries. Tomorrow, I am going to be presenting to the County Department Heads and Deputies, and also will be presenting to targeted community groups. But, you know, a report like this may be interesting data, but unless it is used, it is really of no value. And so my challenge to you as a Council and to anyone who may be seeing this later is to really think about how can you take responsibility for taking action in some of these areas. And I am going to conclude with saying that the future doesn't just happen to us, we ourselves are created by what we do, and what we fail to do. It is we who are making tomorrow what tomorrow will be. For that reason, futurist think not so much in terms of predicting the future as in terms of trying to decide wisely what we want the future to be. I wish I was the one who had said that, but in fact, it was COUNCIL MEETING - 13 - September 9, 2009 Edward Cornish who was the futurist. So the complete report is available on the KPAA website (www.kauainetwork.or~) and people are most welcome to go there to look at it and if there are any questions or comments, I would be very happy to hear them. So thank you so much for your attention. Chair Asing: Thank you. Ms. Kawahara: Thank you Diane. Chair Asing: Thank you. Excellent presentation. I just had one question. When you stopped on... I guess I was following you through the pages rather than the slide presentation which is identical anyway, and it was interesting because you stopped at... you know, the next item was going to be 53 which is canoe paddling and I said, wow, I mean, what made you decide to put canoe paddling as one of the indicators. Ms. Zachary: I would love to tell you about that. Chair Asing: What is the story behind it? Ms. Zachary: I have to tell you that this is one of the... I had it in there and because of time, I took it out. One of the things that we looked at are what are the indicators that tell us something else and we were very concerned about how are we perpetuating Hawaiian culture on this island? What are the various ways we are doing it? So we have something in there related to Hawaiian emersion culture and language, and we thought in canoe paddling, people learn Hawaiian values, they learn team work, they learn many important lessons that help perpetuate the Hawaiian culture. And one of the things I was thrilled to see with this report is that canoe paddling has blossomed all over the island, not just in any particular area, but tremendous growth in the number of people who were paddling. And so, to me, that is people who were learning to cooperate, to work together, who are learning important values for life. Chair Asing: Oh, that is interesting and that makes sense, so under the title of canoe paddling, there is a lot more to the title by itself. Ms. Zachary: We are probably the only community in the whole country that has canoe paddling as an indicator. Chair Asing: Thank you. With that, Councilmembers, any questions? Councilmember Furfaro? Mr. Furfaro: (Inaudible) for an excellent presentation and it is because of (inaudible)... So Diane I would like to say thank you to Kauai Planning and Action Alliance again. Is there and I am just going to use this as an example. Is there these key result areas? Are there ten (10) of them that there should be COUNCIL MEETING - 14 - September 9, 2009 focus on? For example, let's talk about water. Water is valued (inaudible)... water and its value to the town. Water and its value to reduce the pumping systems that the Department of Water uses and probably ends up being one of their largest cost associated with water because they pump everything. But, you know, we should be looking to them to develop the ideas that address farming and providing the water source for that as well as I guess, you know, what can we do with surface water as it relates to another issue where we are losing a lot of soils into the oceans rather than replenishing streams. But is there that next step that is saying, here is the ten (10) items we as a community should really focus on? Ms. Zachary: I would be happy to come back to you with that ten (10). Water would actually be on that list, probably at the top of that list. Mr. Furfaro: I might invite you back to the Planning Committee with a desire to identify the ten (10) items that perhaps are the most important for us to focus on. Ms. Zachary: Just following through with water issue. I did have the opportunity of meeting with people from the Water Department, and I was so appreciative of their cooperation. And, you know, there has been challenges in that system, big challenges, and they recognize that, and want to overcome those challenges. Wastewater is another side issue... parallel issue that if we looked at that a little bit differently, some of that wastewater could be a resource for us. So I would be happy to join you in the Planning Commission and talk about this. Mr. Furfaro: I would think we should do something like that. Clearly, you know, when I spoke to Water Department last week as it relates to farm worker housing, but, you know, their mission in the Charter is to provide water. It is not just residential water. It should be for agriculture as well and maybe we have to focus and develop ways that we can address collecting and storing some surface water for them, so I will send an invitation for you to come back. Ms. Zachary: Great, I look forward to it. Chair Asing: Thank you. Any other questions? Councilmember Bynum? Mr. Bynum: Thank you very much. You know, we do have a pressed agenda today and I wish we could spend more time on this, so I really appreciate Councilmember Furfaro indicating that it will come back to discuss planning issues because this is extremely valuable information for the County especially now that we have the second report and as time goes by, you know, we can see trends and indications. You know, several things jumped out... you know, some good news... when you went down the act opportunities, you know, I was... as we went down that list, I say eh, we are working on that, we are working on that. COUNCIL MEETING - 15 - September 9, 2009 There is an initiative there. You know, this is something that... whether it is public or not, people are working on many of those and then there were some like, woe, we have to get busy on that, right? So it is very valuable. A couple of things that really jumped out for me though as, you know, that I hope would jump out for others and not all that the County can address, right? But education... we are having kids graduate and 40% to 50% of them can't read or write well enough to accomplish in college and I have talked to lots of parents who experience that. Hey, my kids got A's and B's, they got into the four (4) year institution and they are struggling. So, you know, that is something that I hope we really pay attention to about the quality of education. The other is that ten (10) years after the General Plan, we are still building more homes outside of the town boundaries which is different than our people asked us to do, different than any smart growth principle, and those homes outside the town boundaries at least ten (10) years ago it was helping working class people and now it is not, so that is a very concerning trend. Also, the focus on child abuse and domestic violence that in this current fiscal climate, you know, child protective service workers are getting layoff notices. At the County level, victim services positions were cut this year. Those are of great concerns to me, so I just wanted to say there are those things that really demand our focus and attention, but also a lot of good news there in terms of the things that are improving and the things that we are working on, so thank you very much for your work and I will look forward to you coming. back and we can discuss some of these items at greater length. Ms. Zachary: Great, thank you. Chair Asing: Any other questions? Go ahead Councilmember Chang. Mr. Chang: Thank you Diane, good morning. Just out of curiosity, can you just explain the process, you know, whenever somebody does a phone survey, how do you keep them on the phone. What is the verbiage because I would imagine everybody is really busy, I am sorry that I don't have time. I mean, can you tell us the comparisons between maybe non-participants and participants, and maybe if numbers would be swayed in that area. Ms. Zachary: Sure. I have to tell you that I was amazed at how few people refused to participate in this survey. I mean they had to make 4,000 phone calls, but people weren't home because they were at work or the phone was disconnected because it is a random thing or, you know, they got the answering machine, but when they got somebody on the line, out of all those 4,000 calls, only about 85 or 90 or something like that refused to do it. At the beginning, the company that we hired, we had them say, this is for Kauai Planning and Action Alliance, they want to know your thoughts about our quality of life on the island. Well, people want to talk about that. You know, it is the kind of thing that engages people and we were so appreciative of them sharing their time and their ideas about this. COUNCIL MEETING - 16 - September 9, 2009 Mr. Chang: Thank you, interesting. Chair Asing: Any other questions Councilmembers? If not, I would like to thank you. I have just one question on your slide 40 on the solid waste, you had estimates for 2006 and 2007, and why not... why didn't you have the information? Ms. Zachary: It hadn't been gathered by the Solid Waste Division for those two (2) years. Chair Asing: Okay. Only because I notice from two (2) to five (5), you have information and six (6) and seven (7), is estimate, and then eight (8), it is actual again, so I was just... Ms. Zachary: We tried to get it, but it wasn't available from the department. Chair Asing: Okay, with that, thank you very much. I appreciate what you have done and it is good, helpful information, and I guess Councilmember Furfaro is going to do some follow up that will help all of us. With that, thank you. I'd like to have public participation. With that, Glenn? GLENN MICKENS: Thank you Kaipo. For the record, Glenn Mickens. I would just like to sincerely thank Diane for her outstanding presentation. I thought it was great and Ken for putting those charts together. Charts for me are much easier to read than a bunch of statistics, but these charts are just outstanding. I think the key word is what Diane said. These statistics are only as good as the people that put them into operation. They are only charts and I think the people in power, you people, the Administration, Ithink it is up to them to do something about these figures. I think they are very glaring. Anyway, I wish to thank them. Thank you. Chair Asing: Thank you. Is there anyone else? If not, I would like to call the meeting back to order. The meeting was called back to order, and proceeded as follows: Chair Asing: Can we have a motion to receive? Mr. Furfaro moved to receive C 2009-298 for the record, seconded by Mr. Chang, and unanimously carried. Chair Asing: With that, Peter, can we take the next four (4) bills I believe. COUNCIL MEETING - 17 - September 9, 2009 Mr. Nakamura: At this time Council Chair, if we can go to page 5 of the Council's agenda under bills for first reading. BILLS FOR FIRST READING: Proposed Draft Bill No. 2324 - A BILL FOR AN ORDINANCE AMENDING STATE LAND USE DISTRICT BOUNDARY IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i) LLC., Applicant): Mr. Kaneshiro moved for passage of Proposed Draft Bill No. 2324 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for October 7, 2009, and that it thereafter be referred to the Planning Committee, seconded by Mr. Bynum, and carried by the following vote: FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Chair Asing: Next item please? Mr. Nakamura: The next bill for first reading is Proposed Draft Bill No. 2325. Proposed Draft Bill No. 2325 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-2006-382, RELATING TO GENERAL PLAN DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i), LLC., Applicant): Mr. Bynum moved for passage of Proposed Draft Bill No. 2325 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for October 7, 2009, and that it thereafter be referred to the Planning Committee, seconded by Mr. Furfaro, and carried by the following vote: FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Chair Asing: Next item please? Mr. Nakamura: The next bill for first reading is Proposed Draft Bill No. 2326. Proposed Draft Bill No. 2326 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM-2006-383, RELATING TO ZONING DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i), LLC., Applicant): Mr. Kaneshiro moved for passage of Proposed Draft Bill No. 2326 on first reading, that it be ordered to print, that a public hearing thereon be scheduled COUNCIL MEETING - 18 - September 9, 2009 for October 7, 2009, and that it thereafter be referred to the Planning Committee, seconded by Mr. Bynum. Chair Asing: With that, I believe we have an amendment. Councilmember Furfaro? Mr. Furfaro: Yes, I believe I have circulated for my colleagues here an amendment to 2326. These are more housekeeping items in particular dealing with referencing a zoning map. The initials are deceiving when it should reference a particular zoning map as well as the subtotal of acreage that we are dealing with, it cleans it up... dealing with a subtotal of 66.7 acres and 21.6 acres totaling 88.3 acres as a housekeeping item on the totals. Chair Asing: Thank you. Can I have a second to that? Mr. Furfaro moved to amend Proposed Draft Bill No. 2326 as circulated, seconded by Mr. Kaneshiro, and unanimously carried. Chair Asing: We are back to the main motion as amended. With that, any further discussion? If not, roll call please? The motion for passage of Proposed Draft Bill No. 2326 as amended was then put, and carried by the following vote: FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Chair Asing: Next item please? Mr. Nakamura: Bill for first reading Proposed Draft Bill No. 2327. Proposed Draft Bill No. 2327 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-2006-384, RELATING TO VISITOR DESTINATION AREA DESIGNATION IN NAWILIWILI, KAUAI (MORI Golf (Kaua`i), LLC., Applicant): Mr. Bynum moved for passage of Proposed Draft Bill No. 2327 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for October 7, 2009, and that it thereafter be referred to the Planning Committee, seconded by Mr. Furfaro, and carried by the following vote: FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. COUNCIL MEETING - 19 - September 9, 2009 Chair Asing: Next item please? What we are going to do now is we are going to move into executive session. We have the attorney from Honolulu who has to be back timely and with that, we are going to take the executive session. We have the County Attorney up. Please read the executive session. I believe ES-400 and 401. There being no objections, the rules were suspended. AMY ESAKI, FIRST DEPUTY COUNTY ATTORNEY: That is correct. For ES-400 and ES-401. ES-400 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4) and (8), and Kauai County Charter section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide the Council a briefing, update, and to request authority relating to an upcoming EEOC Mediation session in the case of Jane Doe v. County of Kauai, EEOC Charge no. 486-2009-00268 and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES-401 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4) and (8), and Kauai County Charter §3.07(E), the purpose of this executive session is to provide a case status update and discuss possible settlement negotiations in, Ervin Ferguson III, et al. v. Mike Contrades, et al., Civ. No. 07-1-0036 (Fifth Circuit Court) and related matters. This legal consultation on the above-entitled lawsuit against the County, its department and employees, 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: With that, I would like to call the meeting back to order. The meeting was called back to order, and proceeded as follows: Ms. Kawahara: I have a question or discussion. Chair Asing: Yes, go ahead. Ms. Kawahara: Just for public information, would you be able to explain why it is Jane Doe and probably because it is an EEOC. There being no objections, the rules were suspended. Ms. Esaki: Because it is an EEOC matter, it has to be kept confidential. The name cannot be released. COUNCIL MEETING - 20 - September 9, 2009 Ms. Kawahara: Okay, thank you. Chair Asing: Thank you. Let's see, I would like to call the meeting back to order and have a motion to move into executive session. The meeting was called back to order, and proceeded as follows: Mr. Bynum moved to go into executive session on ES-400 and ES-401, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: Now for the general public, hang on. Come back after lunch. For the general public, more than likely the executive session will take up through lunch which means that let's come back at 1:30 because we have the public hearing, and we will conduct the public hearing and after we conduct the public hearing, we will continue with the rest of the items on the agenda. Thank you. There being no objections, the Chair called for a recess at 11:24 a.m. The meeting was called back to order at 2:45 p.m., and proceeded as follows: Chair Asing: With that, Mr. Clerk, can we have the next item please? Mr. Nakamura: Mr. Chair, if at this time we can go to page... I am sorry, page 6 of the Council's agenda, the bills for second reading which is Bill 2321, Draft 1. BILLS FOR SECOND READING: Bill No. 2321, Draft 1 - A BILL FOR AN ORDINANCE ESTABLISHING A NEW ARTICLE 19, CHAPTER 22, KAUAI COUNTY CODE 1987, RELATING TO PLASTIC BAG REDUCTION: Mr. Nakamura: Council Chair, for the record, Councilmember Kawakami is recused from this matter and he is not in the room. Chair Asing: With that, I'd like to suspend the rules. There being no objections, the rules were suspended. Chair Asing: I believe we have about three (3) people that are here and that is the reason we are taking this out of order, so that you don't have to wait that long. So with that, Peter, am I correct? Mr. Nakamura: Yes. COUNCIL MEETING - 21 - September 9, 2009 Chair Asing: Can we have the first speaker up? There being no objections, the rules were suspended. Mr. Nakamura: We have Olivia Gegen. OLIVIA GEGEN: Hello Council Chair and Councilmembers. For the record, my name is Olivia Gegen. Thank you for letting me... the opportunity to share my thoughts about the bag bill 2321. We have classroom communities and we have been studying bag bill 2321. I am a historian in Mrs. Nudd's classroom. Today, I hope you make history by passing Bill 2321. I like bag bill 2321 because there is a floating plastic island that is two (2) times the size of Kauai and it kills animals especially in the ocean. I also do not want it in the landfill because it doesn't turn into (inaudible) and fills up the landfill. Oil is a limited resource and I would rather use oil for -trips in the car not making plastic bags. My classmates couldn't come today, so we made a movie of them testifying, and I would like to show it now if I can. Chair Asing: Thank you. OLIVIA GEGEN'S FATHER: Can we show a short movie of some of her classmates testifying? Chair Asing: Okay, go ahead. Mr. Gegen: Okay, thank you. Chair Asing: While we... you want to set up first. Mr. Gegen: Yup, if they set up, then she has just a little bit after that... after the movie. Chair Asing: Okay, why don't we do this. While we are setting up, if you would like to just move on the side a little bit and we will have others testify and by the time, it will be all set up, and you can come back again. Mr. Gegen: Thank you. Chair Asing: Thank you. With that, can we have the next speaker please? Mr. Nakamura: The next, speaker is Elli Ward. ELLI WARD: Good afternoon. Thank you for this opportunity. I have submitted testimony in the past in support of this bill, and I would like to say that it is so exciting to hear a child come up and testify in support of the bill. I am COUNCIL MEETING - 22 - September 9, 2009 hoping that some other school teachers are going to be watching the transcript of this hearing, so that they can also do the same thing with their classrooms. We do need the children involved in this and she mentioned this floating plastic island, and I am glad that came up because those of you who haven't seen this video of this floating trash island, it is about a thousand miles (inaudible). It is horrible. It is horrifying that this is happening, and so when we do pass this plastic bag ban bill, I would like all of us here to think that this is just the beginning. We have to go ahead and start thinking about banning plastic bottles. This is another source of trash banning cigarette lighters, banning all these things that litter our beaches, our streets, our neighborhoods. Thank you and do hope that this bill passes really fast. Chair Asing: Thank you. Mr. Bynum: Thank you. Chair Asing: Okay, you want to come up and finish the presentation please? Oh, not ready yet. Mr. Bynum: Wait. Chair Asing: Is there anybody else who wants to testify? No, well, hang on then. There being no objections, the Chair called for a recess at 2:50 p.m. The meeting was called back to order at 2:55 p.m., and proceeded as follows: Chair Asing: With that, go ahead. There being no objections, the rules were suspended. Ms. Gegen: Some of friends couldn't be here, so we have a movie to show. NOTE: SHOWING VIDEO OF KALAHEO ELEMENTARY SCHOOL STUDENTS (INAUDIBLE). Ms. Gegen: Most kids in our school don't like plastic bags. About one or two (2) students don't like plastic bags because they don't want to cut down the trees. We decided to make a petition in support of Bill 2321. We also have some thank yous from our class from the field trip to the County Council, so I would like to present the petitions and thank you's now. Mr. Bynum: Alright. Mr. Gegen: You want to read what the petition says. COUNCIL MEETING - 23 - September 9, 2009 Ms. Gegen: It says, we the undersigned third graders of Kalaheo Elementary School support Bill 2321 and graciously request that the Kauai County Council pass this bill into a County ordinance. Thank you. Chair Asing: Thank you. Tim? Mr. Bynum: Ms. Gegen, thank you for your testimony Ms. Gegen. I just want to know when... when your family goes shopping, do you use these reusable bags? Ms. Gegen: Yes. Mr. Bynum: Oh, you do, okay. How long has your family been doing that? Mr. Gegen: He is asking you, not me. Ms. Gegen: I don't know. Five (5) years. Mr. Bynum: Five (5) years. Okay, that beats my family, so good job. Thank you Mr. Chair. Chair Asing: Councilmember Chang? Mr. Chang: Yes, Ms. Gegen. Olivia if I may. Thank you very much for your testimony. A couple of questions. Number 1, would you like to say who your teacher is? I am not sure if you said, so this time we can acknowledge and thank your teacher and your class. Ms. Gegen: My teacher is Ms. Nudd at Kalaheo Elementary School. Mr. Chang: Ms... Ms. Gegen: Ms. Nudd. Mr. Chang: That is number 1 and number 2, what are you going to be when you grow up? Ms. Gegen: Veterinarian. Mr. Chang: Veterinarian, okay, and then lastly, when you did the testimony with your fellow Councilmembers, did you make sure you suspended the rules? COUNCIL MEETING - 24 - September 9, 2009 Ms. Gegen: Yes. Mr. Chang: Good perfect, okay. Thank you very much Olivia. Mahalo. Ms. Gegen: Thank you. Chair Asing: With that, what I would like to do is call the meeting back to order. The meeting was called back to order, and proceeded as follows: Chair Asing: Councilmember Chang? Mr. Chang: Yea, Council Chair, I think we all definitely agree and we are all in favor of supporting the plastic bill, but I did notice this morning prior to... in the midst of our deliberations, we did get a memo here and a testimony from a Carol Pregill who is the President of the Retail Merchants of Hawaii and reading through this, there was a lot of pertinent information. But also during our testimony, we also received one today from Randal Francisco and in his reviewing from the testimonies, he did also mention the Retail Merchants of Hawaii and I don't know if everybody had a chance to look through this, but I certainly didn't. You know, I am definitely supportive, but I think I would like to defer it, so we can just take a look at this. Chair Asing: Okay. Mr. Chang: If we can do any... for one meeting if we can and that would be my recommendation, so I can maybe catch up a little bit on this. Chair Asing: Is there a second that motion? Mr. Furfaro: I can second that. He is asking for a two (2) week deferral? We have the correspondence here from the Chamber and the industry here that at least requires us to give it the proper review. I will second that. Mr. Chang moved to defer Bill No. 2321, Draft 1, seconded by Mr. Furfaro. Chair Asing: There is a motion and a second. Mr. Kaneshiro: No discussion on a deferral. Chair Asing: That is right. The motion is to defer. My apologies. Okay, there being no discussion on a motion to defer, all those in favor say aye. Mr. Bynum: Can I register my vote as "no" please? COUNCIL MEETING - 25 - September 9, 2009 Chair Asing: Yes, I am sorry. All those opposed say "no". Please register two (2) "no's" and four (4) "yes". The motion to defer Bill No. 2321, Draft 1 was then put, and carried by a vote of 4 to 2 (Councilmembers Bynum and Kawahara voting "no" and Councilmember Kawakami recusing himself.) Chair Asing: Next item Mr. Clerk? Mr. Kawakami's presence was noted at 3:04 p.m. Mr. Nakamura: We are back on page 1 of the Council's agenda Mr. Chair on communications for receipt. On page 1, communication C 2009-294, communication C 2009-295. On page 2, communication C 2009-296, communication C 2009-297. C 2009-294 Communication (08/04/2009) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for July 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 2009-294 for the record, seconded by Mr. Furfaro, and unanimously carried. C 2009-295 Communication (08/07/2009) from the County Engineer, transmitting a request to transfer $132,000 from the Capital Improvement Project (CIP) General Fund (Project Contingency Account) to Moana Kai (Fujii) Shoreline Design/Permit for additional design cost of the Moana Kai Seawall: Mr. Kaneshiro moved to receive C 2009-295 for the record, seconded by Mr. Furfaro, and unanimously carried. C 2009-296 Communication (08/14/2009) from the Director of Finance and the Accounting Systems Administrator, transmitting the annual certified physical inventory reports for the fiscal year ending June 30, 2009: Mr. Kaneshiro moved to receive C 2009-296 for the record, seconded by Mr. Furfaro, and unanimously carried. C 2009-297 Communication (time-stamped 09/18/2009) from the Director of Finance, transmitting for Council information, the Statement of Condition of the County Treasury as of June 16, 2009: Mr. Kaneshiro moved to receive C 2009-297 for the record, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: Next item please? COUNCIL MEETING - 26 - September 9, 2009 Mr. Nakamura: On page 2 of the Council's agenda for communications for receipt communication C 2009-299, communication C 2009-300, and on page 3, communication C 2009-301. C 2009-299 Communication (08/26/2009) from the Planning Director, transmitting the Planning Commission's recommendation on Proposed Draft Bill No. 2322 to extend the deadline for obtaining a building permit for Additional Dwelling Units on non-residentially zoned land from December 15, 2009 to December 15, 2014: Mr. Kaneshiro moved to receive C 2009-299 for the record, seconded by Mr. Furfaro, and unanimously carried. C 2009-300 Communication (08/26/2009) from the Planning Director, transmitting the Planning Commission's recommendation to approve amendments relating to Kauai Lagoons Resort Density Amendment Project (MORI Golf (Kaua`i), LLC (Applicant), Kalapaki, Lihu`e, Kauai, Hawaii, Tax Map Key No. (4) 3-5-01: por. 27, 102, and por. 168 as follows: 1) State Land Use District Boundary Amendment from Agricultural District (A) to Urban District (U) 2) County General Plan Amendment from Open to Resort 3) County Zoning Amendment from Open District (O) to Residential District (R-2) 4) County Visitor Destination Area Amendment Mr. Kaneshiro moved to receive C 2009-300 for the record, seconded by Mr. Chang, and unanimously carried. C 2009-301 Communication (08/27/2009) from Councilmember Derek S.K. Kawakami, transmitting for Council consideration a Resolution approving the nomination of City & County of Honolulu Councilmember Romy Cachola to the Board of Directors of the National Association of Counties (NACo) for the fiscal year 2009-2010 term which was approved by the Hawaii State Association of Counties (HSAC) Executive Committee meeting held on August 17, 2009: Mr. Kaneshiro moved to receive C 2009-301 for the record, seconded by Mr. Chang, and unanimously carried. Chair Asing: Next item please? Mr. Nakamura: The next matters are matters for approval. On communication on page 3, communication C 2009-302. C 2009-302 Communication (08/05/2009) from the Director of Parks & Recreation, requesting Council approval to accept a gift of $5,000 from the Florence Iwamoto Kauai Fund of the Hawaii Community Foundation which will fund specifically the Lihu`e Senior Center to cover the cost of completing the intergenerational interviews video project and to update equipment for video COUNCIL MEETING - 27 - September 9, 2009 showing: Mr. Bynum moved to approve C 2009-302 with a thank you letter, seconded by Mr. Kawakami, and unanimously carried. Chair Asing: Next item please? Mr. Nakamura: The next matter for approval is communication C 2009-303. C 2009-303 Communication (08/06/2009) from the Chief of Police, requesting Council approval to expend approximately $12,000 from the Police Special Fund account which funds will be used to purchase new computers for the Kapa`a Substation and Koloa Substation: Mr. Chang moved to approve C 2009-303, seconded by Mr. Bynum, and unanimously carried. Chair Asing: Next item please? Mr. Nakamura: The next matter for approval is a LEGAL DOCUMENT: C 2009-304. LEGAL DOCUMENT: C 2009-304 Communication (08/19/2009) from the Director of Parks & Recreation, transmitting for Council approval securing of a shared-use path property adjustment agreement at Wailua Bay View and right-of--entry and license agreement at Kapa`a Sands to access for construction the Lydgate Park to Kapa`a Bike/Pedestrian Path along Papaloa Road as follows: (a) Property Adjustment Agreement by and between the Association of Apartment Owners of Wailua Bay View Apartments, a Hawaii Nonprofit Corporation, and the County of Kauai, portion of Tax Map Key No. (4) 4-1-05:3, containing an area of approximately 1,080 square feet. (b) Right-of--Entry and License Agreement by and between the County of Kauai, and the Association of Apartment Owners of Kapa`a Sands, containing an area approximately 2,134 square feet and Construction Parcel C-1, containing an area of approximately 13,437 square feet, both identified as being portions of Tax Map Key No. (4) 4-3-02:02: Mr. Bynum moved to approve LEGAL DOCUMENT: C 2009-304, seconded by Mr. Kaneshiro. Chair Asing: Any discussion? Mr. Nakamura: Council Chair, just for the record, we do have testimony that was... written testimony that was delivered for this matter. The written testimony is from Sophronia Noelani Josselin. Chair Asing: In the meantime, is there anyone in the audience who wants to speak on this item? COUNCIL MEETING - 28 - September 9, 2009 There being no objections, the rules were suspended. Chair Asing: Hi Caren. CAREN DIAMOND: Aloha, thank you, Caren Diamond. I just wanted to bring up that I have seen many bits and pieces of this Wailua project and it seems like the whole project has been segmented quite a bit so that it is really hard to follow what is being approved at each little step. But I guess I would just ask this Council to kind of oversee how the bike path is being planned for the beach at Wailua right now. I know this morning you had Pono Kai seawall before you where you were asked to approve a whole heap of money for improving a seawall that needs to protect the bike path that got put up just recently. And so I would ask you to please, you know, ask for these plans to be not segmented and we are asking for the path to be moved off the beach. We are in favor of the beach being preserved and the bike path being preserved. We are in favor of a bike path, but not on the beach and when you put a bike path on the beach, it really curtails the uses of the beach and not putting any structure on the beach is really poor planning. What... the things before you are... the condominium next to them were successful in getting the bike path moved from right there and because they hired an attorney. And so we are really asking for this Council, again, to have some oversight over the bike path project and we are in favor of it being moved off the beach in whatever you can do to help move this path off the beach, so that we can protect the beach and to have a bike path in perpetuity because putting a bike path on an eroding beach and even though I have heard them say Wailua beach is accreting... that means that the moment the beach is larger than it usually is and it is going to go back into an erosion cycle and the County should be spending its money in a lasting project. Thank you. Chair Asing: Thank you. Caren, just for your information, this is the section between the Lydgate Park and the Lihi, that is the entire section and this particular portion is the portion that is fronting the Wailua Bay View Apartments. It is in that segment there and the County needs a little more land in that area, so we are working something out with the landowners in trying to widen that area, so that is what this piece is. Ms. Diamond: I understand. There is, in general, so much segmenting going on of this project that it is really not clear where the path is being planned, and it is... Chair Asing: In this case, we know what they need and what the requirements are and that is what this one is. Thank you. Ms. Diamond: Thank you. Chair Asing: Yes, go ahead. COUNCIL MEETING - 29 - September 9, 2009 Ms. Kawahara: I just had a clarification when you were speaking. Who were you representing? Ms. Diamond: I am just representing myself. Ms. Kawahara: Oh, okay, because I thought you were representing a group when you were saying, we would like to see this or that. Ms. Diamond: No, there is... I know you have heard before and many people have come before you. There is a large group of people wanting to have the bike path moved off the beach. I am speaking for myself today. Chair Asing: Thank you Caren. With that, I'd like to call the meeting back to order. The meeting was called back to order, and proceeded as follows: Chair Asing: Do we have a motion? No motion... can I have a motion... oh, I am sorry, Glenn? GLENN MICKENS: Thank you Kaipo. For the record, Glenn Mickens. You were talking about... Kaipo, you were talking about the bike path with the area... this thousand square feet and 33,000 square feet I .think. But it is August and as Caren has pointed out, I guess it is all part of the path coming as you have pointed out from Lydgate to get up to where it is going to cross the road there by Kintaro's Restaurant, right? Chair Asing: Uh huh. Mr. Mickens: Well, again, if I remember correctly, the same proposal was made down there behind the golf course. They were going to put the... remember they... it was going to go through the golf course, it was going to take part of the golf course away, so they decided they would put it out in front of the golf course on the sand. They were going to... they proposed this same type of a boardwalk and it was cancelled. They couldn't figure out the logistics of how they were going to put the boardwalk in the sand and everything, so they cancelled. So now I presume that is what they are going to be talking about doing the same thing here. But with this boardwalk going along that area, how will the... if high winds or rain or the surf comes up and covers this thing with sand, how are they going to... how is this going to work Kaipo? Chair Asing: Okay, the subject matter that we are talking about right now is the portion fronting the bay view area. It is a small portion of land, so that is what this one is and, you know, I don't want to go and talk about the other COUNCIL MEETING - 30 - September 9, 2009 areas right now because the agenda item is for this small section. That is what this is. It is a legal document that needs to be taken cared of, so that is what this is. Mr. Mickens: Just that one segment. Chair Asing: Yes. Mr. Mickens: Okay, thank you Kaipo. Chair Asing: I would like to call the meeting back to order. The meeting was called back to order, and proceeded as follows: Chair Asing: And I believe we have a motion to approve this. It is a legal document. Any discussion? Yes, go ahead. Mr. Bynum: Just real briefly Mr. Chair. As you correctly pointed out, this is just one of our legal documents required for Papaloa Road. It is just one section of the bike path and just for the public's information, it is not segmented where the path is going to go is clearly illustrated in the environmental assessment that is filed and approved, and available on the County website. Chair Asing: Thank you. With that, we have a motion to approve this legal document. Any further discussion? If not, all those in favor say aye? The motion to approve LEGAL DOCUMENT: C 2009-304 was then put, and unanimously carried. Chair Asing: Next item please? Mr. Nakamura: On page 4 of the Council's agenda, we have a claim. CLAIMS: C 2009-305 Communication (08/28/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Leland Yadao for monetary damages, including fees and interest related to posting bail, attorneys' fees, and loss of income, and for loss and injury to his federal and state constitutionally protected civil rights, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Furfaro moved to refer C 2009-305 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. COUNCIL MEETING - 31 - September 9, 2009 COMMITTEE REPORTS: PARKS/TRANSPORTATION COMMITTEE REPORT: A report (CR-PKT 2009-03) submitted by the Parks/Transportation Committee, recommending that the following be approved on second and final reading: "Bill No. 2320 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PUBLIC PARKS AND RECREATION," Mr. Chang moved for approval of the report, seconded by Mr. Kaneshiro, and unanimously carried. (See later for Bill No. 2320) PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORTS: A report (CR-PWE 2009-04) submitted by the Public Works/Elderly Affairs Committee, recommending that the following be approved on second and final reading: "Bill No. 2321 A BILL FOR AN ORDINANCE ESTABLISHING A NEW ARTICLE 19, CHAPTER 22, KAUAI COUNTY CODE 1987, RELATING TO PLASTIC BAG REDUCTION," Mr. Bynum moved for approval of the report, seconded by Mr. Chang, and unanimously carried. (See later for Bill No. 2321, Draft 1) A report (CR-PWE 2009-05) submitted by the Public Works/Elderly Affairs Committee, recommending that the following be received for the record: "PWE 2009-2 Communication (7/22/2009) from Tim Bynum, Committee Chair, requesting that the Director of Parks and Recreation, Director of Planning, and the County Engineer be present to provide an update on the short-term and long-term efforts to address the drainage issues at Po`ipu Beach Park," Mr. Bynum moved for approval of the report, seconded by Mr. Chang, and unanimously carried. PUBLIC SAFETY/ENERGY/INTERGOVERNMENTAL RELATIONS COMMITTEE REPORT: A report (CR-SEI 2009-05) submitted by the Public Safety/Energy/Intergovernmental Relations Committee, recommending that the following be received for the record: COUNCIL MEETING - 32 - September 9, 2009 "SEI 2009-4 Communication (8/10/09) from Derek S.K. Kawakami, Committee Chair, requesting that Police Chief be present to brief the Council on the Police Department's continuing effort to minimize and curtail criminal activity in County parks," Mr. Bynum moved for approval of the report, seconded by Mr. Kawakami, and unanimously carried. Chair Asing: Next item please? Mr. Nakamura: The next matter on the top of page 5 for approval is a Resolution. RESOLUTIONS: Resolution No. 2009-52 -RESOLUTION TO APPROVE THE NOMINATION OF ROMY CACHOLA TO THE BOARD OF DIRECTORS OF THE NATIONAL ASSOCIATION OF COUNTIES: Mr. Furfaro moved to approve Resolution No. 2009-49, seconded by Mr. Kaneshiro, 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 matter are bills for first reading. The first bill for first reading is Proposed Draft Bill No. 2322. Proposed Draft Bill No. 2322 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (ADU Building Permit deadline extension for non-residentially zoned land): Mr. Kaneshiro moved for passage of Proposed Draft Bill No. 2322 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for October 7, 2009, and that it thereafter be referred to the Planning Committee, seconded by Mr. Furfaro, and carried by the following vote: FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Chair Asing: Next item please? COUNCIL MEETING - 33 - September 9, 2009 Mr. Nakamura: The next matter is a bill for first reading which is Proposed Draft Bill No. 2323. Proposed Draft Bill No. 2323 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($132,000 - Moana Kai (Fujii Shoreline Design/Permit): Mr. Kaneshiro moved for passage of Proposed Draft Bill No. 2323 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for October 7, 2009, and that it thereafter be referred to the Budget & Finance Committee, seconded by Mr. Kawakami. Chair Asing: Any discussion? Mr. Furfaro: Yes, I have discussion. Chair Asing: Yes, go ahead. Mr. Furfaro: As probably misstated earlier from other testimony on these studies, I do want to ask if we could send over a correspondence to the Building or Public Works Department. I would like to point out that this is additional design money, additional design money, so I would like to get a brief summary. I will be supporting this, but I would like to get a summary Mr. Chair. Chair Asing: So noted. With that, any further discussion? If not, roll call please. The motion for passage of Proposed Draft Bill No. 2323 was then put, and carried by the following vote: FOR PASSAGE: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. Chair Asing: Next item please? Mr. Nakamura: The next matter is a bill for second reading which is Bill No. 2320. BILLS FOR SECOND READING: Bill No. 2320 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PUBLIC PARKS AND RECREATION: COUNCIL MEETING - 34 - September 9, 2009 Mr. Nakamura: We have one registered speaker Mr. Chair. Chair Asing: Okay, with that, the rules are suspended. There being no objections, the rules were suspended. Mr. Nakamura: We have Elli Ward. Chair Asing: Elli Ward. ELLI WARD: Good afternoon. My name is Elli Ward and I have submitted written testimony in support of the bill and I am here to reiterate my support. I think any help that we can give the Police Department in establishing peace and order is badly needed. Also, my big concern is that by 11 o'clock, we are talking about characters who have been drinking for hours and the image of these characters driving themselves home is really alarming, so there is a need for this bill. Thank you. 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 and we... Mr. Nakamura: We need a motion. Mr. Bynum moved for adoption of Bill No. 2320 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: Yes, should and it looks like we will pass this bill. What is our procedure again with issuing actual public notice and (inaudible)... what kind of communication is going out to the public that these rules have changed. Maybe the Clerk knows. Mr. Nakamura: I believe outside of the normal... Peter Nakamura, County Clerk for the record Mr. Chair. Chair Asing: Yes, go ahead. Mr. Nakamura: I think outside of the normal press release from the County Public Information Officer, we could work with them to let the public know after the Mayor finishes with the bill to have a press release go out. Mr. Furfaro: I was wondering if we could have a public service announcement by the Police Chief that maybe goes on Ho`ike or something as well. COUNCIL MEETING - 35 - September 9, 2009 Mr. Nakamura: Well, what we can do Mr. Chair is we can check with the Public Information Officer and to see what kinds of resources they have to do that. Mr. Furfaro: Okay, thank you. Chair Asing: Okay, any further discussion? Councilmember Chang? Mr. Chang: Yea, maybe to just piggyback on the question that Mr. Furfaro had. After our last meeting or after the meeting of two (2) weeks ago, on the headline of the Garden Island newspaper written by Mike Levine and Paul Curtis, the cover of the paper said, hooligan's beware. So they did talk about the proposed drinking ban, so if anybody wants to go see this for public record as far as the warning is concerned, I guess this is the big enough warning. Garden Island newspaper, September 1, hooligan's beware, so maybe Mike Levine can put it on the front page tomorrow that the hooligans are on their toes to be aware. Thank you. Chair Asing: Thank you Mr. Walaau. With that, Councilmember Kawakami? Mr. Kawakami: Thank you Mr. Chair and I just want to reiterate that the intent of this bill is to give the Police Department some tools that they asked for. And just because you may find yourself drinking at a park after 11 doesn't qualify you as a hooligan. Let's be clear about who the hooligans are. That is not the softball players and fishermen, and Uncle's and Aunty's playing music down at the parks that are, you know... Chair Asing: Thank you for your definition of who is not a hooligan. Mr. Furfaro: But Mr. Chair, I do hope we can get something over to the Administration and the Public Information Office might be able to work with the Police Chief on a public service announcement. Chair Asing: I agree with that Mr. Clerk. Can we send a communication over for the concerns raised by Councilmember Furfaro. I believe they are legitimate concerns and we should get information out to the public as timely as possible since we are going to pass it evidently today. Mr. Nakamura: So noted Mr. Chair. Chair Asing: With that, is there any further discussion? Councilmember Chang? Mr. Chang: I just have one last note and just to thank you Councilmember Kawakami because not everybody out there are obviously COUNCIL MEETING - 36 - September 9, 2009 hooligans. It is just the front page that was probably the words of Mike Levine out there. Nonetheless, the Chief did say and I quote, he did promise that the Kauai Police Department would not abuse it... I mean in the law enforcement I would use it as a discretion in applying it and adding that our intent is not to bother people who don't bother anybody with their alcohol consumption. Chair Asing: Thank you. With that, any further discussion? If not, roll call please. The motion to approve Bill No. 2320 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: I believe we need to have the County Attorney up. We have one more item and that is ES-402 on page 7. Mr. Furfaro: Mr. Chair, before the County Attorney comes up, may I have a moment of personal privilege. Chair Asing: Go ahead. Mr. Furfaro: I had stepped out of the room to circulate with the young lady the correspondence on the plastic bill, so she could have it for school, but I wanted to make note on the treasurer's report. I wanted to thank the Finance Department and bring to the attention that the treasury report now is comparing the previous report with the current report and I wanted to say thank you to the Finance and the County Treasurer. Thank you. Chair Asing: Thank you. With that, County Attorney. There being no objections, the rules were suspended. MICHAEL DAHILIG, DEPUTY COUNTY ATTORNEY: Good afternoon Mr. Chair. ES-402 Pursuant to Haw.Rev.Stat. §§92-4, 92-5(a)(4) and (8), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide the Council a briefing and status report on Barbara Robeson and Caren Diamond. Members of Protect our Neighborhood `Ghana vs. Planning Commission and Planning Department of the County of Kauai and County of Kauai, Civil No. 09-1- 0214 and other related matters. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. COUNCIL MEETING - 37 - September 9, 2009 Chair Asing: Thank you. With that, Councilmember Bynum. Mr. Bynum: Councilmember Chang wanted me to remind you state your name for the record. Mr. Dahilig: Oh sure Michael Dahilig, Deputy County Attorney. I apologize for that. Chair Asing: Thank you. With that, I'd like to call the meeting back to order. The meeting was called back to order, and proceeded as follows: Chair Asing: And have a motion to move into executive session. Mr. Kawakami moved to go into executive session on ES-402, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: We will now move into executive session. Thank you very much. We will take a five (5) minute break before we go into executive session. There being no objections, the Chair called for a recess at 3:26 p.m. The meeting was called back to order at 5:17 p.m., and proceeded as follows: Chair Asing: We just got through with the executive session 402. We are back again in session and I'd like to have a motion to adjourn the Council meeting. Mr. Kawakami moved to adjourn the Council meeting, seconded by Mr. Furfaro, and unanimously carried. ADJOURNMENT: There being no further business, the meeting was adjourned at 5:17 p.m. Respectfully submitted, PETER A. NAKAMURA County Clerk /lki