Loading...
HomeMy WebLinkAbout10-07-2009 Council Meeting Minutes COUNCIL MEETING October 7, 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, October 7, 2009 at 9:17 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. Bynum moved for approval of the agenda as circulated, seconded by Mr. Chang, and unanimously carried. Chair Asing: Next item please? PETER A. NAKAMURA, COUNTY CLERK: The next matter are communications for receipt. On page 1 of the Council's agenda, communication C 2009-317, C 2009-318, and communication C 2009... oh, I am sorry, just communication C 2009-317 and C 2009-318. C 2009-317 Communication (09/01/2009) from the Chief of Building Division, Public Works Department, transmitting amendments to Chapter 13 (Electrical Code) of the Kauai County Code 1987, and adopting the National Electrical Code, 2008 Edition, as the standard for all electrical work: Mr. Bynum moved to receive C 2009-317 for the record, seconded by Mr. Furfaro, and unanimously carried. C 2009-318 Communication (09/18/2009) from Ronald A. Sato, AICP, Project Manager, Wilson Okamoto Corporation, transmitting for Council information, in accordance with Article 3, Section 11-3.1 (c)(2)(A) of the Kauai County Code 1987, as amended, the Affidavit as to the mailing and delivery of the Notice to area residents relating to Bill No. 2324 (State Land Use District Boundary Amendment), Bill No. 2325 (General Plan Amendment), Bill No. 2326 (Zoning Amendment), and Bill No. 2327 (Visitor Destination Area (VDA) Amendment), for Kauai Lagoons Resort Density Amendment Project, Applicant: MORI Golf (Kaua`i), LLC, Tax Map Keys: (4) 3-5-Ol:por. 27 and por. 168, Nawiliwili, Kauai, Hawaii: Mr. Bynum COUNCIL MEETING - 2 - October 7, 2009 moved to receive C 2009-318 for the record, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: Next item please? Mr. Nakamura: The next matter for approval on the bottom of page 1 is communication C 2009-319. C 2009-319 Communication (07/14/2009) from the Chief of Police, requesting Council approval to expend $12,000.00 in asset forfeiture funds to purchase four (4) laptop computers for the Traffic Safety Unit (TSU) which will be used to utilize the newest version of the Mapscenes software: Mr. Chang moved to approve C 2009-319, seconded by Mr. Kawakami, and unanimously carried. Chair Asing: Next item please? Mr. Nakamura: The next matter for approval on the top of page 2 is communication C 2009-320. C 2009-320 Communication (09/11/2009) from the Housing Director, requesting Council approval of the process of the purchase and repair of 4262 Oama Place, Lihu`e, Hawaii 96766 (Hokulei Estates) and to allow a second acquisition on an offer to purchase in the County's NSP Foreclosure Acquisition Repair and Resale project which has been accepted at $336,000.00: Mr. Furfaro moved to approve C 2009-320, seconded by Mr. Chang. Chair Asing: Any discussion? Mr. Furfaro: Yes Mr. Chair. I just want to share that this is part of the neighborhood stabilization plan and, in fact, funding for this comes from the Federal Stimulus moneys. Chair Asing: Thank you. Any further discussion? The motion to approve C 2009-320 was then put, and unanimously carried. Chair Asing: Next item please? Mr. Nakamura: The next matter is a claim, communication C 2009-321. CLAIMS: C 2009-321 Communication (09/17/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by State Farm Insurance for damages to Jim Delacruz' vehicle, pursuant to Section 23.06, Charter of the County COUNCIL MEETING - 3 - October 7, 2009 of Kauai: Mr. Bynum moved to refer C 2009-321 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: Next item please? Mr. Nakamura: Mr. Chair, on the first bill for first reading Proposed Draft Bill No. 2330, we are waiting for a communication from the Planning Department, so I ask if we could move this to the end of the agenda. Chair Asing: Thank you. So noted. With that, next item please? Mr. Nakamura: The next bill for first reading is Proposed Draft Bill No. 2331. BILLS FOR FIRST READING: Proposed Draft Bill No. 2331 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 13 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, ENTITLED "ELECTRICAL CODE," ADOPTING THE NATIONAL ELECTRICAL CODE, 2008 EDITION AS STANDARD FOR ALL ELECTRICAL WORK: Mr. Furfaro moved for passage of Proposed Draft Bill No. 2331 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for November 4, 2009, and that it thereafter be referred to the Public Works/Elderly Affairs 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: Thank you. Before we take the next item, let's have a short recess. There being no objections, the Chair called for a recess at 9:21 a.m. The meeting was called back to order at 9:41 a.m., and proceeded as follows: Chair Asing: With that, Mr. Clerk. Mr. Nakamura: Mr. Chair, we are on page 2 of the Council's agenda on a bill for second reading. BILLS FOR SECOND READING: COUNCIL MEETING - 4 - October 7, 2009 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. Bynum moved to approve. Mr. Kawakami: Mr. Chair, for this agenda item, I will be recusing myself. NOTE: Mr. Kawakami left the Council Chambers at 9:41 a.m. Chair Asing: Thank you. With that, before I entertain a motion, I just want to say that I had sent over a communication to the County Attorney's Office as I said in the last meeting for them to review the bill for any changes that they feel would be better handled on the legalities of the bill. We did receive the information back from the County Attorney's Office with their proposed amendments and all of the Councilmembers have the communication that was sent from the County Attorney's Office together with the amendments. So with that, Councilmember Bynum? Mr. Bynum moved for adoption of Bill No. 2321, Draft 1 on second and final reading, seconded by Ms. Kawahara. Chair Asing: With that, go ahead. Mr. Bynum: Mr. Chair, I have an amendment to the bill that incorporates the recommendations from the County Attorney, so I would like to move to amend as circulated. Mr. Bynum moved to amend Bill No. 2321, Draft 1 as circulated, seconded by Ms. Kawahara. Chair Asing: We are on the amendment as circulated. All those in favor say aye. The motion to amend Bill No. 2321, Draft 1 as circulated was then put, and unanimously carried. Chair Asing: What I would like to do now is I'd like to suspend the rules and I would like to have the public's input first. With that, the rules are suspended. There being no objections, the rules were suspended. Chair Asing: Glenn? GLENN MICKENS: For the record Glenn Mickens. Thanks Kaipo. I have a testimony and I think you have a copy of it. It is for John Hoff. He is a COUNCIL MEETING - 5 - October 7, 2009 substitute teacher, so he couldn't make it today, so he asked me if I would be kind enough to read his testimony. Before I started, I just want to say that I am in favor of this bill personally. I think it is a good bill. I haven't seen your amendment yet Tim, but I would like to see the amendments to it and everything, but basically I am definitely in favor of this bill... anything we can do to stop this flow. Let me... it is not that long, so I will read it quickly. Plastics seen as an asset. That is the title of his bill. It never ceases to amaze me how difficult it is for individuals to listen and learn. If only they would open up and listening capabilities, they might just learn a few vital facts concerning plastic bags. Plastic bags are an asset both economically and environmentally, but certain individuals will just not listen to reason or truth. It is repeatedly claimed that plastic bags are non-recyclable, they are killing our companions around the world. It is not the plastic bags killing our animals, cohabitants on earth, it is the ignorance of littering and individuals that will not recognize the fact that plastic bags, plastic toys, plastic bottles and caps, plastic t.v.s, any plastic which falls between categories 1 and 7 are recyclable. Plastics 1 through 7 categories can be recycled back into crude oil. That is a fact... a new fact which our local governing agencies do not, cannot, or do not want to recognize. Why is that so? Personal agendas, special interest over the common good, we may never know. What everyone can know and verify is that plastics are recyclable and to prove it, get on the Internet and log onto plastofuel.com and read about it. It has been offered to the County of Kauai by Western Renewable Energy and nobody, no agency, no official have shown an interest in pursuing this reality at the expense of our island residents... not to mention the four (4) creatures being harmed by human irresponsibilities... like the State's HI-5 plastic bottles program... imagine if plastics of all kinds could be turned in for a refund, can the naysayers agree that Alas to fuel may be a good idea... after all, it truly fits into this sustainable theme which might even clean up our oceans and land masses. Check it out, aloha, John Hoff. It is interesting what John says, it is another concept, you know, you may disagree with what he is saying, but, you know, obviously, it is a recyclable thing whether you want to turn that plastic back into oil, but, you know, I presume it is just like an automobile. You can say that automobiles kill, you are not going to do away with automobiles, it is the person behind the wheel of that thing, and I think John is just trying to make that point. So, anyway, this is his testimony and you have mine. Thank you Kaipo. Chair Asing: Thank you. With that, is there anyone else who wants to speak on this item? Mr. Nakamura: We have a registered speaker Mr. Chair. Chair Asing: Yes. Mr. Nakamura: Lauren Zirbel. Chair Asing: Lauren, COUNCIL MEETING - 6 - October 7, 2009 LAUREN ZIRBEL: Hi, my name is Lauren Zirbel. I am from the Hawaii Food Industry Association. I think you guys all pretty much know where we stand on this bill, so, yea, I just wanted to reiterate some of the points that... the amendments still exclude the oxo biodegradable bags which, obviously, I am not a scientist, but there are a lot of ASTM standards that those bags meet, and they are a lot cheaper than the compostable and paper bags which are more voluminous and harder to ship here. So I guess we would hope that maybe those would be considered. Also, in (inaudible) I guess the cost would just be passed onto the consumer, and that is all that we can do at this point. Thank you for the opportunity to provide the testimony. Do you guys have any questions about my eight (8) page testimony, you can feel free to ask. Chair Asing: Thank you. Mr. Bynum: Thank you. Chair Asing: Is there anyone else? JAMES GERARD TRUJILLO: Good morning, James Gerard Trujillo for the record. I am here really to bear witness to what I hope is the passing of this bill. The amendments haven't had time to really go over following the story from the last meeting when it was deferred. It did seem that there was a good effort on Councilmember Bynum to contact the County Attorney to have a review... it does seem that there is work in the process to move forward on this and this is what I would really like to see. I think we all know that the ability for government to regulate to incentivize to be able to pass something along these lines that encourage people to do the right thing and the right thing is for us to eliminate plastic because of its... 1) use of fossil fuels for its development when fossil fuel should be used for better things as well as our ability to... as Mr. Mickens pointed out, sometimes not be able to put items in the right place, so all we need to do is eliminate and be responsible users, and have government be able to... in the right place at the right time make it convenient for us to be able to properly dispose of these things that have no longer served its purpose. So I strongly encourage you to move forward and pass this piece of legislation and join the other municipalities across the globe that are... as Pastor Galiza mentioned so earlier that we have faith in our government leaders to do the right thing, and that we have a desire for us to see this world continue to be healthy, to prosper, and to serve and be of service. Thank you. Chair Asing: Thank you. Next speaker please? BRAD PARSONS: Brad Parsons for the record and looking real quickly over this with the amendments, it looks like it is a bill that I would still support. I like what was done with the definition on biodegradable. It has been simplified and not put to a standard that would be hard maybe locally here to abide, but it is effectively the same standard. I think that was all done. I see some Changes Here related to the County Engineer and explicitly stating how he would... COUNCIL MEETING - 7 - October 7, 2009 might enforce this. What I had a question about is hard to tell by the bracketing, but it looks like the 18 months for hardship which, to me, would have been difficult to determine in enforcing. It looks like that has been bracketed out and the effective date of this ordinance has been extended by about six (6) months, and I was just wondering if that is the case. Chair Asing: Yes. Mr. Parsons: So there is no longer that 18 month hardship thing and this basically just gives another half year to go into effect. Mr. Bynum: For a total of about 15 months. Mr. Parsons: Okay. Chair Asing: The rationale behind that going through the County Attorney's Office was to tie it into Maui. Maui is the same thing. Maui's plastic bill ordinance is 2011. Mr. Parsons: Yea, I was aware of that. To me it seems like it is a simpler bill and maybe it did help to... worked it up a little bit over the past couple of weeks. Chair Asing: Thank you. Is there anyone else? If not, 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: We have the main motion on the floor now as amended. Further discussion? Councilmember Bynum? I am sorry, Councilmember Furfaro. Mr. Furfaro: First of all, just to clear the record a little bit. There was some testimony indicating that no one from the Council had made contact with the Western Energy. I just want to make note that back in January, some of us here on the Council did talk to them and the possibility of them making a February presentation. Their travel schedule changed that did not get fit in. Secondly, on a procedural thing, I want to personally thank the Chairman for working with the County Attorney on these changes. I know Mr. Bynum, in fact, is the Chair of this Committee and has had other dialogue with the County Attorney, but just from a procedural note, I want to give credit where credit is due to the Chair and that this amendment is being introduced by Mr. Bynum because the Chairman of the Council when we are at the full Council level cannot introduce this amendment. As Mr. Bynum couldn't introduce it when he was the Chair of the Committee, so I will be supporting full heartedly these amendments and the new bill itself, but I just COUNCIL MEETING - 8 - October 7, 2009 wanted to point that out that there was a real team effort by committee to get this done. Thank you Mr. Chair. Chair Asing: Thank you. Any further discussion? Yes, go ahead. Councilmember Kawahara? Ms. Kawahara: The entire bill, right? Chair Asing: Yes. Ms. Kawahara: Okay. I too wanted to thank the County Attorney and specifically Mike Dahilig for their careful reading of this bill. It is an important bill and having it being read over again is not something that would hurt it, again, because it is an important bill. I also wanted to thank and recognize the Mayor and our County Engineer and Allison Fraley with the recycling division for their strong testimony in support of this bill and their guidance in crafting portions of it related to their offices. I will be voting probably in support of this bill. Its purpose and intent is to reduce plastic bags and their use on the island. The reasons are clear as we have heard testimony... overwhelming testimony in support of this bill from people around the island and several retailers. We had testimony submitted about plastic bags and detrimental effects to our aquatic wildlife when bags blow in to the ocean. We also had a professional aquatic biologist and watershed council member come testify in support of this bill. I have heard and considered the testimony in oppositions to the bill especially about paper bags and the extra energy it uses to take it, however, this is a plastic bag reduction bill, and it does encourage the use of reusable bags and recyclable bags, not paper bags. I agree that we do need more education and more recycling as these opponents say, however, education can only go so far, it doesn't raise awareness, but it does not change behavior. We cannot recycle our way out of where we are now in this environmental crisis. This is a bill that we are taking... in this bill we are taking a step in the right direction, taking responsibility for our stewardship of our special and unique environment here and the waters that surround it and run through it. So, again, I will be supporting this bill strongly and I thank the Chair of the Council and the Chair of this committee for bringing it forward and for Councilmember Bynum for bringing it forward. Thank you. Chair Asing: Further discussion? Councilmember Bynum? Mr. Bynum: Yea, I just... obviously, I am going to support the bill, the changes that were made today don't make substantive changes to the basic goals of the bill, and I want to reiterate that the basic goal is to encourage reusable bags. The argument that any bag that is disposable is not the best alternative is an accurate argument. I thought... in some ways we can see this as a transition time where some disposable bags will be available that are better alternatives than plastic in my opinion, but the real goal is to not take disposables away from your retail store, but to do like CoStco manage it or to bring your own reusable bags. This COUNCIL MEETING - 9 - October 7, 2009 is a change that my family has made and at first it is difficult, you forget. I said if I forgot to bring the bags, then I have to buy some new ones because they are only 99 cents at Big Save for instance, and it feels great to take my five (5) or six (6) reusable bags, put them on the conveyor belt, the checkers know exactly what to do with them, and some of the stores give you a discount for not using the plastic bags. In this bill, the alternatives are compostable and recyclable bags that are made from biological products like corn or paper neither of which are a great alternative, but they, I think, will serve a purpose for an interim period as all learn to bring reusable bags and not do disposables. And I would like to thank all of the Councilmembers who contributed their mana`o to the final product of this bill and hopefully it will pass in a few minutes. Chair Asing: Any further discussion? Councilmember Chang? Mr. Chang: Thank you Chair. I'd like to say that I will be supporting this bill and I believe public education is going to be huge as we move forward, and I think we have a lot of time to get education out there. And the reason why I say that is that I have been going to various grocery stores, and of interest, I've asked the check out clerk what do they feel about the reduction of plastic bags or what was their opinion with the bill itself, and what was shocking to myself was that a lot of people didn't know that this bill existed. So consequently, you know, it is interesting because when they are now needing to place the different items within these checkout bags... you've got things like our bread or eggs or breakable things, so I think that is going to be a key which is easy, but, again, I think what I was most amazed was that there are people out there that doesn't even realize that we are discussing banning plastic bags, so I think education is one thing. Another thing I'd like to just comment on is by far, by far, by far, three (3) to four (4) to five (5) to six (6) to one (1) easily, we received so much testimony in favor of banning plastics here on our island of Kauai, and I would just like to let the general public know for myself personally, I would like to see people... when we have comments about plastic bags or flying here or flying there, and we see it falling out of... flying out of trucks and we see it on the side of the road, I really want to challenge the community... when you are driving by and when you see this, it is just as easy as safely, hopefully, pulling on the side of the road or pulling along side of the beach, and picking up this discarded plastics and trash in general. And I would like to challenge the community out there to participate in beach cleanups or roadside cleanups, and litter bug cleanups, and organize different groups because if there is any problem about organizing cleanups, I would be happy to help organize either a beach or a roadside cleanup, but I think it is really important that we all put our money where our mouth is and when we want to do a reduction, and there is visible opala on the side of the road, I would hope that we can all take advantage and organize, so we can cleanup everything, cleanup this entire island because that is what we love and that is why I believe that this bill is so heavily supported. Lastly, the County bought 25,000 bags, reusable cloth bags, and I would really like to encourage, you know, finding out how we are going to do the disbursements of the bags, but I clo also want to Comment that many of us sitting in this room have 1, 2, COUNCIL MEETING - 10 - October 7, 2009 3, 4, 5, 6, or a lot of collector items cloth bags, but I do want to make sure that these bags are available for our visitors because the visitor industry and especially the timeshare industry when they go out, they are unprepared, and I think a lot of these visitors would be happy to be able to get one of our County bags that they can either reuse, use for souvenir, or return it back to the front desk or the bellman, and people can always reuse that bag, so I just want to make sure that we don't forget the visitors because when they come here, they are adding a lot to our economy. I mean they are the ones that may be blindsided as we move along, but, you know, I would like to commend Councilmembers Kawahara and Bynum for bringing this bill forth, and of course would like to thank the Chair for getting clarification with the County Attorneys. I think this was a incredible collaborative effort and Councilmember Kawakami that is not here, and I would like to speak on words of wisdom that I picked up on him. I just wanted to remind the community when things are deferred... I guess I... what I would like to say excluding names, but I learned a lot from... you are Councilmember Who? Excluding names, what I would like to just let the public know is please bear with all of us here as lawmakers because when an item or a bill gets deferred, it is not like we are not consistently working on that, so whenever you hear of a deferral, it is not that we are working on, we are just trying to get everything pono and correct lawfully, so thank you very much Council Chair. Chair Asing: Thank you. Mr. Chang: Mahalo. Chair Asing: Any further discussion? Councilmember Kaneshiro? Mr. Kaneshiro: Thank you Mr. Chair. You know, I see this as a real good bill. I want to congratulate each and everyone of you for working real hard on this and having the attorneys really look into the bill to make sure that you do have a good bill out there. Unfortunately, I am not able to support this bill. My belief is that promotion of reducing and reusing and recycling is a much more effective way than passing laws. And basically, you know, I feel that if you listen to everyone that spoke today, everyone is saying how... as an example, that they are doing, we are reusing it, we are recycling. Igo to the market and this is what I do, then I think it is best for us, as government, to really, you know, make responsible public policies to do that rather than to pass laws to... or have government intervention in the market place. I don't like government intervention in the market place basically. I like the law and all that, but I can't support it because of that principle. You know, basically, you know, do the same thing, I recycle bags... as a hunter, diver, a guy that likes the beach... if I see plastic bags on the side or on the beach, I pick it up. If I see it on the road... some of you have often seen me on Koloa Road picking up plastic bags that are here and there, and I think if we have good government policy and encourage people to do that, it is a better means than passing laws... that, in a long run, you know, to intervene with the market place, COUNCIL MEETING - 11 - October 7, 2009 and I know currently on Kauai, it is all about pono, it is all about us helping each other to do that, and if we as government officials can be out there showing that this is what we are doing to... I think we are really encouraging the public to see that, you know, that we are all trying to be (inaudible)... we love this island and we all want to put the island, you know, from plastic being disposed on the beach and so forth, on the parks, and the side of the highway. So it is a principle with me and basically I don't like making laws that affect, like I said, you know, the market place because the end results is that it is all going to cost every single one of us in our pocketbook. Things are going to get more expensive because we ban this, we ban that, and I think, you know, if we... we know the County has been encouraging recycling. We see some of the recycling going on at large retailers and supermarkets, and we also have plastic bag recycling at the Kauai Resource Center, and I think that, you know, if we continue to encourage them to do that, will be a better means of reducing plastics, you know, (inaudible) the environment in places that are not really acceptable. So, again, it is a principle, but I want to really thank my colleagues for working hard on the bill. I know I have had some input on the bill too, to make a good bill, and, you know, I would have really liked to see a bill probably with a sunset date so, again, we can look at it perhaps say, you know, this is working or this is not working, and let us focus on some real good recycling efforts. So with that, thank you Mr. Chair and thank you members. Chair Asing: Wow. The reason I say wow is that I have two (2) wows. One is the testimony that Glenn Mickens read and this testimony is from John Hoff and it is the testimony, Glenn, that you read, and the reason I say, wow, is I normally don't agree with John Hoff. I think 99.99% of the time, I disagree with John Hoff, but here is one time that I am saying, wow, this guy has something else that we should think about, and that was partially covered by Councilmember Kaneshiro. And I was also going to comment on that. And let me just read it to you again. It is repeatedly claimed that plastics are non-recyclable and that they are killing our earth's companions around the world. It is not the plastic bags killing our animal cohabitants on earth, it is the ignorance of littering individuals that will not recognize the fact that plastic bags, plastic toys, plastic bottles and caps, plastic t.v.'s, computers, any plastic which fall between categories 1 through 7 are recyclable, so it is an educational problem together with enforcement, and I didn't know that Glenn was going to read this and Mr. Hoff was going to say this, but I was going to say that the problem is not the plastic bag, the problem is people. It is a people problem and, well, with that, it is education and enforcement, so that is the problem. And I have to agree with Councilmember Kaneshiro too. I have some difficulty with the bill. You know, I did look at the proposals, the amendments... I had one comment on the amendments and that is the first amendment, and I will read it to you. It was deleted. The deletion from the specific European standard of biodegradable bags and providing Department of Public Works to identify appropriately certified bags meeting the definition of biodegradable bags. So here is what the amendment says. Biodegradable bag means a bag that: 1) contains no polymers derived from fossil fuels, and 2) is intended for single use and will decompose in a natural setting at the rate comparable to other biodegradable COUNCIL MEETING - 12 - October 7, 2009 materials such as, paper, leaves, and food waste. The Department of Public Works and this is the big one for me. The Department of Public Works shall promulgate rules identifying bags meeting this definition. These rules shall also set forth an application process whereby a retail establishment can obtain determination whether the bag is biodegradable... abiodegradable bag. So we have Public Works Department now charged with this huge problem of being the Police Officer and deciding what is acceptable and not acceptable. That is a huge responsibility and I am not sure how they are going to take it on. They are going to hire consultants to make a determination on what is, in fact, biodegradable, and what can be allowed, and what cannot be allowed, so it is huge. I know that it will pass. I will not be supporting it for the reasons that I expressed, but we will move forward. So with that, any further discussion? If not, roll call. The meeting was called back to order, and proceeded as follows: The motion to approve Bill No. 2321, Draft 1 as amended was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kawahara TOTAL - 4, AGAINST ADOPTION: Kaneshiro, Asing TOTAL - 2, RECUSED & NOT VOTING: Kawakami TOTAL - 1. Mr. Nakamura: Four (4) ayes, two (2) nos, one (1) recused Mr. Chair. Chair Asing: Yes. With that... Mr. Nakamura: With that Mr. Chair, we can go back to page 2 of the Council's agenda under Bill for first reading. I believe staff distributed the communication from the Planning Director requesting withdrawal of this bill. Mr. Bynum: Moved to receive. Chair Asing: Do you want to read that bill? Mr. Nakamura: This is under bills for first reading Mr. Chair. Proposed Draft Bill No. 2330. Proposed Draft Bill No. 2330 - A BILL FOR AN ORDINANCE AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM-229-91, RELATING TO ZONING DESIGNATION IN KILAUEA, KAUAI (County of Kauai, Applicant): Chair Asing: Thank you. COUNCIL MEETING - 13 - October 7, 2009 Mr. Bynum moved to receive Proposed Draft Bill No. 2330 for the record, seconded by Mr. Chang. Chair Asing: I am sorry. My apologies. Discussion? Mr. Furfaro: I want to point this out that this request for withdrawal... we might all have copies of the letter here, but I also want to point out that the (inaudible)... that we will have to defer Bills 2328, 2329... I want to make sure that the Planning Department takes responsibility for notifying the landowner because this is a down zone, and this is a technical request for withdrawal as this is going from light industrial down to ag and open, but, you know, we need to find ourselves and perhaps in the near future I could sit down with the attorney as this is in my Committee with the Planning Department, and make sure that we have some continuity on the items in the bills that come over as they reflect to zoning maps. This is technicality until such time that it gets resubmitted. Thank you for letting me say that Mr. Chair. Chair Asing: Thank you. Any further discussion? If not, all those in favor say aye. The motion to receive Proposed Draft Bill No. 2330 for the record was then put, and unanimously carried. Chair Asing: Can we have the County Attorney up please? There being no objections, the rules were suspended. ALFRED B. CASTILLO, JR., COUNTY ATTORNEY: Good morning Chair, good morning Councilmembers, aloha. Mr. Bynum: Aloha. Mr. Castillo: Okay, so are we going on ES-404 and ES-405? Chair Asing: Yes. Mr. Castillo: Okay, so I am requesting that we go into executive session. ES-404 Pursuant to Haw.Rev.Stat. sections 92-4 and 92-5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing and to request authority for a possible settlement proposal in the case of County of Kauai vs. Carvalho Enterprises, et al., Civil No. RC-09-1-0558 (District Court of the Fifth Circuit) and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, COUNCIL MEETING - 14 - October 7, 2009 immunities and/or liabilities of the Council and the County as they relate to this agenda item. Mr. Castillo: Should I read the second one? Chair Asing: Yes please. ES-405 Pursuant to Haw. Rev. Stat. sections 92-4, 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 the expansion of the Kekaha Landfill, adjoining areas, and 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. Chair Asing: With that, can I have a motion to move into executive session. Mr. Furfaro moved to go into executive session on item ES-404 and ES-405, seconded by Mr. Chang, and unanimously carried. There being no objections, the Chair called for a recess at 10:17 a.m. The meeting was called back to order at 12:01 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 12:01 p.m. Respectfully submitted, 1 ~ ~'-- PETER A. NAKAMURA County Clerk /lki