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HomeMy WebLinkAbout11-18-2009 Council Meeting Minutes COUNCIL MEETING November 18, 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, November 18, 2009 at 9:29 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. Furfaro moved for approval of the agenda as circulated, seconded by Mr. Kaneshiro, and unanimously carried. MINUTES of the following-meeting of the Council: Council Meeting of October 21, 2009 Mr. Furfaro moved for approval of the minutes as circulated, seconded by Mr. Chang, and unanimously carried. COMMUNICATIONS: Chair Asing: Next item please. PETER A. NAKAMURA, COUNTY CLERK: Mr. Chair, at this time, there was a request to take up as the first matter of the day on page 2 of the council's agenda, communication C 2009-365. I believe we've circulated a request from the Administrative Assistant to postpone this discussion. Chair Asing: Okay, why don't we do this, Mr. Clerk, please read the item. C 2009-365 Communication (11/06/2009) from Councilmember Derek S.K. Kawakami, requesting the presence of the Mayor's Administrative Assistant to discuss the County's legislative proposals for the 2010 State Legislative Session and to provide an update on bills passed during the 2009 Legislative Session. Chair Asing: Thank you, can I have a motion to receive. COUNCIL MEETING - 2 - November 18, 2009 Mr. Kawakami moved to receive C 2009-365 for the record, seconded by Mr. Bynum, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: At this time we're on page 2 of the council's agenda. There is a request to take up, at this time, communication C 2009-366. C 2009-366 Communication (11/06/2009) from the Mayor, requesting agenda time for County's Congressional Lobbyist Roger Gwinn, of the Ferguson Group to provide an overview and update on various projects in the County's federal package. Chair Asing: Thank you. With that, I'd like to suspend the rules and welcome our lobbyist Roger Gwinn. There being no objection, the rules were suspended. Mr. Furfaro: Welcome, Roger. Chair Asing: Welcome, Roger. ROGER GWINN, KAUAI COUNTY CONGRESSIONAL LOBBYIST: Thank you very much, councilmembers, Mr. Chairman. Chair Asing: Thank you. Mr. Gwinn: I appreciate the opportunity to be with you this morning and I'd be happy to talk to you about... give you an update, a status report on the...your calendar year 2009 federal agenda and your fiscal year 2010. Chair Asing: Ah, Roger, I think just for the viewing audience... Mr. Gwinn: Yes. Chair Asing: ...maybe you can kind of explain a little bit about your work and... Mr. Gwinn: Sure. Chair Asing: ...what you do to help represent us. Mr. Gwinn: I'd be happy to, Mr. Chairman. Again, my name is Roger Gwinn. I'm the President of The Ferguson Group. The Ferguson Group is a lobbying organization in Washington that specializes in representing cities and counties across the country, and we have the good fortune of working with the County of Kauai on your federal issues in Washington. And we have worked with COUNCIL MEETING - 3 - November 18, 2009 you last year to put together a draft federal agenda for your approval, which you did approve to...that laid out nine separate items that were priorities...your priorities at the federal level. And again, I'm here to report on the status of those items. The... Chair Asing: Thank you. Mr. Gwinn: The...before we actually turn to the status report, I'd just like to say that too I'm here to...I had been here yesterday and... and I'm here today to meet with staff to talk about opportunities for the county to work more closely with the federal government and...and opportunities to...for the county to secure assistance from the federal government to meet your priorities. And... and so we will be working... I will be working with your staff to put together a... an agenda... a draft agenda for your consideration for your review over the next thirty days for next year, for calendar year 2010, for the fiscal year 2011 process. And...and we're hopeful that again that will be approved some time in...in January, considered and approved in January. But again in terms of the...your current agenda, that status...I've prepared for you a book that's a booklet that provides an overview and status report on your agenda. If you'll just turn to Tab 1 of that document, this is a...is a copy of your federal agenda again from the current county year as well as a status report. In the far right columns you'll see House Action, Senate Action, and the Current Status or Final Action in many instances of those particular items. What I'd like to do is just walk through those individual items and we'll talk about a couple of other opportunities that are out there that we're currently working with the county on. One is the Transportation Re-Authorization Process, there's Water Resources Development Act issues and...and...and again, please feel free to interrupt me with any questions as we go along in this process because certainly part of the reason I'm here, certainly, is to hear from you about what your concerns are and what your priorities are in putting together, again, for your consideration a draft document for next year. Just overall at the 10,000 foot level, you...you've been successful...the county's been successful and your congressional delegation has been successful on your behalf in securing specific set asides of resources for three of your projects. There are two others we'll talk about where moneys were set aside in particular pots or account... accounts, specific accounts for you to then go take a...take a couple of additional steps to secure resources. Again, but we're...the moneys were set aside specifically to help meet...in response to requests that you made. And then there are other situations where some moneys are available or we're going to be pursuing, encouraging... working with the county to pursue moneys on a... that are available on a competitive basis to meet some of your...the needs that were not sort of dealt with directly and specifically in the appropriations process. The first item, though, if you'll...that's listed on the agenda is the Kauai Water Infrastructure Improvement Initiative. This is one where the county was successful. Again, your congressional delegation was successful in your behalf. In the end, we had very good support from the House and the Senate. I guess, again, COUNCIL MEETING - 4 - November 18, 2009 both Representatives Hirono and Abercrombie requested funding for this project. Senator Inouye requested funding for this project on the Senate side, and then in the end, you have...this bill provided $1,000,000 for the Waimea Wastewater Treatment Plant Project and again this is a...these are moneys that are grant dollars that will go to reduce the...the amount of money that you are required to borrow. Otherwise, you would be...if you didn't have these resources, you'd be required to borrow and finance over time. So these are particularly, you know valuable, important resources to be...for the county to secure. And the final action on this bill was...this is one of those bills that actually has been...where action has concluded on this bill. It was...the final approval was on October 30. The second item is a Kauai Wastewater... Waste Disposal Improvement Project. This is one of those projects...requests that...where the county's...the congress did not include a separate line item for this initiative. This was to deal with the...to help pay for part of the cost associated with the wastewater...excuse me, with the solid waste disposal facility and improvements that are needed there. The...this...there is an opportunity, though, to por...pur...pursue low-interest loan money and potentially grant dollars through USDA and we'll be working with the county to pursue those moneys that are available. They're additional resources, exceptional, extraordinary resources that were made available in this account through the Stimulus Program and then through the regular fiscal year 2010 appropriations process, and so we think they're...they're really...there are resources there. Again, it's just a matter of going through the process to compete for those resources, but we'll be working with, again, the staff to pursue that opportunity. At a minimum, again, we believe that there will be these low-interest forty-year loans will be available through this process. In terms of the third item, the county...the Kauai County Sustainable Energy Initiative, in response to your request and again your...this is a situation again where the county had good strong support for the...the request from the delegation. We had, again... again Representatives Hirono and Abercrombie both requested funding for the initiative. The...but in response to your...your request and the request of others what in the end happened is that Senator Inouye put in $18,000,000 for three separate programs for the bene...to the benefit of the State of Hawaii broadly and within that there is $6,000,000 that was set aside for the Hawaii Natural Energy Institute. And we will... this is an opportunity... those funds have been set aside again for the Hawaii Energy Natural... Natural Energy Institute and represents an opportunity for the county to secure resources to meet its particular objectives. We will be working with the... and have already begun discussions with the Natural Energy Institute on projects that will...that match up with their program and they're looking for partnerships with the county and are very... very, very intent on... on working hard to develop those... those opportunities and so we're very encouraged by that. And just again as an aside, this is the kind of program that in all likelihood we will come back and recommend that the county...recommend that you put in your federal agenda a specific request for the COUNCIL MEETING - 5 - November 18, 2009 Natural Energy Institute in next year's agenda as again a pathway, a conduit for resources for the county in order to strengthen that partnership which will lead to specific resources coming to the county. The...we've just heard...you've just heard...spent a good bit of time talking about affordable housing, an important problem facing the county, and... and there you...the county was successful in securing strong support. This business is a situation where the bill has not been finally approved yet, however. We have...the House has cla...you know, requested...request for funding for the county's Affordable Housing Initiative was made by Representative Hirono. Senator Inouye made the request as well at $250,000. And that level, the $250,000 request was approved by the Senate and is currently pending in aHouse-Senate conference committee, where they will hammer out a compromised version of the legislation. But I'm certainly very encouraged that with that obviously we had outcome and expect that there's certainly a very strong likelihood that those moneys will be sustained by the House-Senate conference committee and that the county will ultimately receive the $250,000 in the final bill. But the final action has not occurred on that measure and will not occur until the...towards the end of December. We should know that by... on or before December 18. It's a... it's a... it's the outlook for that. In terms of the Bike Path Project, this, again, is a project that received strong support from the delegation. Both Representatives Abercrombie and Hirono made the request for the full amount that was requested by the county and Senator Akaka made the request as well on the Senate side. And...but in the end this was not approved, included in the measure...in the transportation appropriations bill. It was not, in large measure, based on the fact because the county was successful in receiving funding through the Stimulus Program for this initiative. And so there was some concern on the part of the committee's folks that were reviewing these proposals about the capacity to absorb an additional increment of funding on top of that which was provided to the county through the Stimulus Program. Strong support for the initiative, though, and certainly we expect that we'll have... see again that this... if the county desires to make this a priority in the future that this would continue to receive strong support going forward. The...the next item on the agenda is the Kauai County Watersheds Initiative and basically was an effort to deal with... a proposal to deal with the levee side flood problems on...in Waimea and Anahola. And so what the...the issue here was not dealing with, again, the levees themselves, but again with the...with the levee...with the town-side flood... in... internal or storm drainage related issues. And this...this was one of those situations where dollars were set aside or there are moneys available in a nationwide pot of money that we've already worked on a strategy with...developed strategy with the Corps to go secure these moneys and... and I'll just actually point out that at this time that if you would just turn, if you would, to Tab, excuse me, to Tab 6, you'll see three items, a place where we got COUNCIL MEETING - 6 - November 18, 2009 three items that are listed where there are opportunities for assistance through the Corps of Engineers that are current year moneys, where the dollars can be secured by the county to address out of current moneys, fiscal year 2010 moneys, to address the county's needs. One of those again is the... again the town side flooding problems in Waimea and Anahola, and the others are the fur...that's the bottom one under the flood plain management services. And the other two are opportunities through Planning Assistance to states to address the levee issues at Waimea and Hanape...let's see at Hanapepe, levee problems. And so both of these issues, there's an opportunity to... in both of these situations these are Corps constructed levees where problems have developed and what we're going to be pursuing is securing resources that have been...have been set aside in the appropriations process for the State of Hawaii. And so out of those moneys, we'll be pursuing study money to accelerate work on those projects and understanding what needs to be done to address the levee issues there. The other is an opportunity for some sediment management shoreline issue...benefits, basically assistance, through again through an allocation of money...money that's made available at the...through the Corps for the state and the county will... is... is already in discussions with the Corps on some opportunities to work with the Corps to address some issues, some shoreline sediment deposition issues there. So back to the...again the...the federal agenda itself in terms of the Corps Program that's...that money again led to some dollars being set aside in the appropriations process that you can...that we will be working with the county to pursue those funds and we are also expecting, again, money even we've heard preliminarily that the levee project for example, Hanapepe and Waimea, that we're expecting dollars or moneys being requested in the President's Budget Request for 2011, expected to be...or it will be requested from the local level. We'll. see if it... how far it makes it through the process and then whether or not it's in the final President's Budget Request for 2011. The next item is the Northern Leg of the Western Bypass and again, this is one that has received significant support from the delegation, but no funds were provided in either the House or the Senate bills. We don't expect any action on that. Again, strong support for that and... and to... and certainly going forward, we'd encourage the county to make a request for a similar priority road need that you have and there certainly is opportunity to secure that kind of assistance. The next item is the Law Enforcement Technology Initiative, which basically is to assist with the communication needs for fire, EMS and police and... and that again received strong support from the delegation. Representative Hirono made the...made the request, but again, it's a very competitive account and it's not uncommon that it may take more than one year to actually be successful in securing funds for some of these accounts and that's one again where there was no money approved by the House or the Senate for that project. And then the next item is the Kauai County Substance Abuse Prevention Initiative. Again strong support for this by...from the delegation. This was for...provide money for train...for training purposes, for program needs COUNCIL MEETING - 7 - November 18, 2009 with...within the county and particularly to...focusing on the needs of parents and in assisting them and helping their...their children deal with... with drug abuse related problems. And again a strong proposal by the county, very well...well documented. I'll be honest with you, we work in a...we have a...let's see, what do we have? We have 320 public agencies we work with across the county in 28 states and that was one of the most detailed proposals I've ever seen come out of a county frankly and that...from your...the...just for that drug prevention initiative and it's very well done and we'll... and certainly again was very well received by your delegation and again was a very strong proposal, even though it was not funded this year. Then finally, the...in terms of your bus program, strong support for that, $800,000 was approved on the House side, $3.5 million on the Senate side, and we're fairly encouraged by that certainly and expect that that will be again receive fi...good support, something closer to the...to the Senate number, if not the Senate number in the final House-Senate Conference Committee when...when that action occurs. Bef... maybe before we go to the Transportation Re-Authorization Process and Water Research Development Act Issue, do you...were there any questions about...can I answer any questions about these items? Chair Asing: Okay. Councilmembers, any questions? Councilmember Bynum. Mr. Bynum: Thank you for this overview and I...I...just a couple general questions because you said you're still going to talk about transportation. Mr. Gwinn: Yes, in a Reauthorization Bill, yes. Mr. Bynum: The...you know, you've outlined areas where we were successful and where there's opportunities, and so you get a sense that the administration is committed to work with you to move forward with...to have specific proposals for these opportunities for stimulus funds and other accounts because you kind of outline...well, we didn't get this line item, but there's this potential. Mr. Gwinn: Oh absolutely and I would just use the Corps of Engineers Assistance as an example. We have been working, you know, our office has been working directly with the Corps. We've been working with county staff on this. They've made visits to Honolulu to meet with...you know, with the Corps District Office, and so that's moving along in a... at a very... was it very intense, you know, getting a very high level of attention and certainly expect that...that all of these opportunities will...that we will...that...that all of these opportunities will be pursued. You know, you certainly can't guarantee that we'll be successful in securing the funding because again, they're...it's still...while the moneys are set COUNCIL MEETING - 8 - November 18, 2009 aside in accounts, it's not to say that there won't be some competition for the resources. We're not guaranteed a particular dollar amount right at this point. But the Corps, as an example again on the levee projects, Hanapepe levee and Waimea levee issues, a lot of support for that at the... at the Corps, and the administration is certainly putting together a good solid effort to make certain that they have every justification they need in order to allocate the money to advance that work, to accelerate work on that study, and...and that's really what we...what needs to be done in order to make certain that the problem...the solution can be accelerated, that the solution can be...the funding to ultimately solve the problem can be direc...can be secured more quickly. And so (inaudible) yes, I think absolutely that effort is being made to follow through on all these opportunities. Mr. Bynum: And I would hope that the council would follow up with the administration so...because I understand your role is to be our eyes and ears at the Capitol to make us aware of opportunities when they're available and to assist us in... have I got that right? Mr. Gwinn: That's correct, yes. Mr. Bynum: And so I really appreciate that, but I think our follow-up has to be dialog with the administration about which of these opportunities you're going to pursue and we can do that. Mr. Gwinn: Right. Mr. Bynum: And I won't ask you to speak for them, but...partic...one specific question about the Sediment Management Demonstration Project. Mr. Gwinn: Right. Mr. Bynum: Thank you for providing a link to an example program on Oahu. Do you know what that program is on Oahu? Mr. Gwinn: I...well I know generally what it is. It's to deal with the...the flow of sand and to...the control of sediment, you know, into the immediate shoreline area. But it's a...beyond that this is a...this is a program that is designed to look broadly at sediment deposition issues in shoreline areas and so what that means is that it gives the Corps an opportunity to look upstream to a degree that detention facilities and things of that sort are an important part of the solution. That fits with the more traditional mission of flood control. Then your ecosystem restoration mission is also a Corps mission of the Corps of Engineers and so they bring in those components. And so they're trying to get at the shoreline issues through this program and it's a good opportunity we think. It's 100% federal. There will be competition for these resources, though, from other counties, so it's not...even though the moneys are set aside, there's half a million dollars available COUNCIL MEETING - 9 - November 18, 2009 for the state, there will be competition for who gets that money and what we've been told to date is that the...that there will only be...only one county...one will get this money. They won't...they...they do not...the Corps does not feel that it is enough money to spread around two projects and so here again an aggressive effort is being made to put together a project utilizing and really benefiting from resources the county's committing on its own, other private resources that are... have been committed to the efforts to look at Po`ipu and those ar...that area. So this is...that will give a county proposal some...some competitive advantage certainly and we expect. So... Mr. Bynum: So we can...we can address specific questions to the administration about what and if Kauai will be making a bid for the set aside which is for the State of Hawaii. Mr. Gwinn: That's for the State... State of Hawaii, but again it's something the Corps...the Corps sees as certainly as being applicable to...you know, to Kauai and it...and they're interested working with the county on this type of initiative, so. Mr. Bynum: Well, we have a lot of citizens concerned about watershed issues and watershed... Mr. Gwinn: Right. Mr. Bynum: ...council and... an area that we definitely need to address. So, this is interesting news and we'll follow up. Thank you very much. And I'm interested to hear about your Transportation Reauthorization Bill. Mr. Gwinn: That is, in fact real briefly on the Transportation Reauthorization Bill, that is a proposal again that's pending. We...there's not a lot, frankly, to tell you other than the fact that there are a couple of options for moving that bill forward. If you turn... that one which involves atwo-year short-term bill and the other would provide funding through the normal process, which is a...this is a six-year bill. I should step back just for a second on the water...the Transportation Reauthorization Bill just in a nutshell is a...is a special bill that authorizes funding over asix-year period. Current bill that's pending...that's anticipated to move forward is about a half a trillion dollars, about five hundred...just under five hundred billion dollars. It is...would...it is unlike any normal bill that we deal with in congress...congress deals with. It's a...it's an authorization basically and an appropriations bill in essence in one. It's not technically both of those, but it is...it is a bill that authorizes dollars and provides contract authority which releases money immediately upon the passage of the bill. So in other words, there's no requirement to go back to the Appropriations Committee to secure money that's been included in the Transportation Reauthorization Bill. The county's made a request for four separate initiatives and I've included three actually in the...in your packet. But the three...if you'll turn to, COUNCIL MEETING - 10 - November 18, 2009 just as an example of what's been proposed by the county on...on four, on Tab 4, there are three separate initiatives that were provided to... submitted to the delegation...to the House delegation. There has not been a call for projects on the Senate side, so a similar list has not been developed for the Senate side. But the House projects include a bridge proj...a bridge project and a...and the bike path project, and Puhi Road extension, and so there were...these were the three projects that were submitted as part of the reg...through the...on the House side as part of that Reauthorization process. Separately there is money that was requested by the three counties other than Honolulu for the Rural Bus Program. And again, that's not included here, but it was...that was also made as well through that Reauthorization Bill. We expect...there are a couple of op...you know, possible outcomes. One is again atwo-year pad... bill that will provide funding just for two years, not six years. And the... and a... and the other option is basically... this will be delayed until final action will just be delayed until after next year's election and I frankly think that's more likely an outcome that'll... they'll do it in a lame duck session and I'll...we'll see if when I come back next year whether or not that actually occurred, but you know that's what I would have anticipated happening because there's an issue of the gas tax revenues don't match up with the amount of money that needs to be spent. So, they'll...that will probably be raising taxes or just...or taking money out of the General Fund and either of those things are things that the...the mem...the members of the committee aren't...congress aren't really interested in doing right now, but they would like to... again that may lead to a short-term initiative which is a two-year bill which wouldn't have those same problems. And then just finally on the Water Resource Development Act, again, we've talked about some of the levee issues and the town side drainage issues, and that kind of thing, and there are two proposals that...or there has been a call for projects on the House side for Water Resources Development Act projects. Basically this is... Water Resources Development Act is just simply a bill that authorizes the Corps of Engineers to provide assistance to localities, to the communities, to counties in this instance and it is a two-step process. You get...you have to have an authorization in order to get funding from the Corps for most projects. Well, you have to have an authorization period, but you can use some generic authorizations or cite specific authorizations in some instances. But there needs to be an authorization for the assistance and then you have to go back to the appropriations process to actually secure the money. So an authorization, just think of it as a license to hunt for appropriations is the way I think about it, and you can tell I come from an appropriations background. But, the...what we are asking for and...and contemplating encouraging you to consider doing is...is asking for two authorizations in this process. One is a pro... authorization for construction of the levee improvements that'll be needed at Hanapepe and Waimea and this is an extraordinary request in the sense that we don't have a study that's been completed. It is not unprecedented, but nonetheless that's a...that would be a...a...that's one suggestion that we have and the other is on the second page of that, the next three pages, two through four on the handout cover a proposal that would provide broad assistance to the county and it's actually structured as a proposal to provide assistance through the Corps for a variety of purposes, COUNCIL MEETING - 11 - November 18, 2009 wastewater treatment related facilities, water supply, water conservation, storm water retention/remediation, interior drainage improvements, all of that kind of thing, these type of issues that the Corps doesn't have an existing authority to do, but it would provide blanket authority for them to provide this assistance to all of the...the...basically the rural counties, all the...every...all throughout all of Hawaii other than the urban assistance designated place of Honolulu. And the fit...the feeling is that...that there are other opportunities for the City of Honolulu for...to receive assistance and these other programs' needs really match up better with the other county needs and the rural parts of Honolulu. And so the...this...this happens to correspond very...is...is similar to other initiatives that have been provided...other authorities have provided for other parts of the county and would provide a... a significant opportunity for you to secure assistance, not a guarantee by any means, but an opportunity to sup...to secure assistance in the appropriations process that in the... going forward. So those are a...and again it...it just...talking again about the interior drainage related issues, the...that relate to the agricultural ditches and things of that sort, those systems that...where there are needs, this...this will provide funding, an opportunity for that, those type of needs as well. And I just lastly I'll just tell you that the...I...we...we do have sent out to staff regular alerts on various funding opportunities and I just wanted to give you a couple samples of those and that's under Tab 7 and then Tab 8 is our...our Washington, monthly Washington report which I understand the council gets...is receiving from staff and we're...so that...that's available to you. Going forward we're going to be providing a monthly report which will basically track this... the item under page...on, you know, your agenda under Tab 1 providing you with a monthly status report of each of these items going forward. So you have that on a regular, yeah more regularized basis. And...and actually just one last (inaudible), just one last comment. I apologize for taking so long, but the...one last comment is that the... the... in this... this... the current administration we have seen a shift in the terms of availability of dollars, assistance to counties and local governments generally and that shift is really more towards the competitive grant opportunity. There are more...the...the appropriations environment is very stable. It's going to grow as is consistent with overall growth in federal spending. It provides significant opportunities for the county to secure assistance. But we do see a significant increase in the opportunity for assistance through competitive grants and we've been...when and at my meetings with staff, we've been talking about that a lot, making certain again that the k... the... the... department heads are all aware of all of the opportunities. I've offered to produce and our firm will produce reports for them on those opportunities so we can, again, just make certain that the county is aware of all opportunities that are likely to be coming forward. We're going to do a... basically a report on competitive grant opportunities for the last 12 months and that'll give us some sense of what's coming down in the...in the next 12 months as well. With that, again, I'd be happy to answer any other questions that you might have. Appreciate your time. COUNCIL MEETING - 12 - November 18, 2009 Chair Asing: Wow, that's a whole lot. With that, Councilmember Kawahara. Ms. Kawahara: Thank you. Yes, thank you very much for compiling all of this. There are definitely so many different issues that go on in legislation at the federal level, so all of these breakouts are really great. My specific question is about the...the rural...Hawai`i Rural Water Infrastructure Act. It says here October 2009. I wanted to know what the timeline was for that, especially for the individual generic projects that you were talking about to put in for. Mr. Gwinn: (Inaudible.) This...this is a bill that will probably not see final action until next year. Ms. Kawahara: Okay. Mr. Gwinn: This... and what you have here is a draft... in your packet is a draft piece of legislation that would be...would be either introduced as a free standing bill by Representative Hirono and maybe others or submitted just as a... an amendment to the Water Resources Development Act and... and for consideration as part of that bill. And ultimately that's the...the vehicle that will be, you know, how the bill would be dispensed with whether it...regardless even if it's introduced as a free standing bill or not. But what this would do ideally is we would have...the congress would approve the Water Resources Development Act next year. Then that...that authority would exist and then basically the following calendar year, the county would be in a position to go request funding pursuant to this authorization. You would not be in a position to ask for funding next year based on an authorization that's pending, the congress has not taken action on. So we can't sort of accelerate it to that degree, but it... so the earliest that you would be able to ask for funding pursuant to this authorization would be fiscal year 2012. So, it'd be in...in again calendar year 2011. Fiscal years again, just on the federal side, are October 1 through September 30, and so it's October l...for fiscal year 2012, it'd be October 1 of 2011 would be the earliest that money would be available. And that would be, you know, again assuming congress got the bills done on time and that kind of thing, you know. So it's...which...there...there've been delays in the past recently. Ms. Kawahara: I appreciate that because I was already wanting to look for projects right now to give to you today. Mr. Gwinn: Right, right, right. Ms. Kawahara: Because there's so many...there are really good projects that come under these broad areas that Kauai could use. Mr. Gwinn: Right. COUNCIL MEETING - 13 - November 18, 2009 Ms. Kawahara: So, how detailed once you get to 2011-2012 fiscal year are these projects going to be required to look like? Proposals. Mr. Gwinn: Yeah, it's a...you know what we are... are going to ask the delegation to do if...is to...actually we got an amendment to this language already that would allocate the lan...the money on a proportional basis...not proportional basis, on an equal basis, pardon me, among all the counties. So, in theory I mean there are a couple of oppor... the answer... actually I should say the answer is I don't know. Ms. Kawahara: Okay. Mr. Gwinn: You know, but we are...there are a couple of ways this could be dealt with. If there...if the moneys are distributed equally, then the county would be in a position, again on an annual basis based on how much money is actually appropriated, to determine how those moneys are allocated. So you would determine that and... and the other option is and it's done in other pieces of legislation that are like this, the way it'll work is that you would make as part of your appropriations agenda request, you would make a request for a specific set of projects and a specific dollar amount, and those would have to be, you know.. ~ those would have to be justified in a...in a fairly detailed way about...in terms of the public benefit of the project and all, and...and that kind of thing. But we do think that this is great. It could be a great vehicle again for all the counties... Ms. Kawahara: Yes. Mr. Gwinn: They can all get behind this and too collectively you'd have strong support for as much...you know, as much resources as the...as congress...your delegation could secure, and certainly as you're suggesting, the needs are enormous and so pretty...pretty much regardless of how much is allocated, you know, there is certainly no doubt that it could be effectively used given the breadth of the authorization, how...you know, how widely it could be used. Ms. Kawahara: Yes, thank you very much, and will it be going onto your grid at some point to be tracked? Mr. Gwinn: Yes, well, and...it's...we will... Ms. Kawahara: It's because I know it's going to be further ahead, but... Mr. Gwinn: Yeah, but...but in terms of progress on the Authorization Bill, we'll put that on as well. That's not on here and we will put... make sure that those actually get added to this so that you've got a monthly update on the status of the authorizing bills too. COUNCIL MEETING - 14 - November 18, 2009 Ms. Kawahara: Thank you very much. Chair Asing: Any other questions, councilmembers? Councilmember Bynum. Mr. Bynum: Just for a couple minutes back to the Transportation Reauthorization, Iwas... so you're saying it looks like it'll be a two- year authorization and that'll happen this year or is there...I heard two alternatives. Mr. Gwinn: Yeah, atwo-year bill and soon, not necessarily this year and right now honestly what they are saying is bridges and roads. It's a job creation pro...project. It's hard to imagine though that that would go through without some transit...without some transportation enhancement money and so bike path type activity as well. So, but the focus is going to be on similarly to...would be similar... similar to the focus that we had...you had in the stimulus package on projects that could be implemented quickly that would create jobs. And that's just...that is one option that's being considered right now and I, you know, don't honestly know. You know anybody would... assume if they're going to go down that path that that would be something that were done...that would be done between now and the first quarter of next year and that that... in that kind of time frame. Mr. Bynum: And that would...I'm sorry that would be the two-year... Mr. Gwinn: That's the two-year bill...yes, right. Mr. Bynum: And then, you know, one of the big issues in this is about the donor states and recipient states. Is there any sense of, you know, where that debate is going and if it was atwo-year bill, we'd maintain status quo I assume? Mr. Gwinn: Yes, exactly. There would not be any change to the underlying formulas. They would not do any of that... any of the policy work that's envisioned to be addressed in the longer term bill. And so, you know, other than what the House has done and I can't tell you right off the bat what the House has approved or anticipating approving, you know, it hasn't actually been reported out yet. So I can't tell you exactly where that stands right now. Mr. Bynum: So if they go with the two-year, questions like donor and recipient states really don't get dealt with... Mr. Gwinn: (Inaudible.) COUNCIL MEETING - 15 - November 18, 2009 Mr. Bynum: or even the mix of transportation dollars in terms of enhancements and other types of... Mr. Gwinn: (Inaudible.) What I would expect is that on a two-year bill you'd see again the projects that are eligible for funding in the two-year bill to expand it beyond what they're really...literally they're talking about roads and bridges right now. Mr. Bynum: Right. Mr. Gwinn: I think it...in all likelihood if they went that route they would probably expand it to include transportation enhancement and transit dollars too because I think I'm, you know, a similar argument could be made in terms of job creation for both of those activities. Mr. Bynum: Right. 1VIr. Gwinn: What I...but I think that the policy issues again are going to be delayed and dealt with as part of the longer term Reauthorization Bill. Mr. Bynum: And then...oh and just the last...last thing, this Washington Report which we have a September, this is something that your firm generates monthly? Mr. Gwinn: It's monthly. I just put in...frankly, September. Mr. Bynum: Is this an email product? Mr. Gwinn: Yes, it is. It's sent by PDF (inaudible). Mr. Bynum: Could you see that we're on that list? Mr. Gwinn: Absolutely, yes. Mr. Bynum: And I hear an intent to do a monthly update of the spreadsheet then. Mr. Gwinn: Correct, that's correct. Mr. Bynum: And then, you know my other questions are going to be for the administration. You know, you're doing your job of pointing out the opportunities, but then we have to decide as a county which ones we want to pursue and what method and then you assist us with those choices, right? Mr. Gwinn: Correct. COUNCIL MEETING - 16 - November 18, 2009 Mr. Bynum: Okay, so thank you very much for the presentation. Mr. Gwinn: Thank you. Chair Asing: Okay, councilmembers, any other questions? If not, Roger, thank you very much for all your hard work. Boy man, it must be a grind there. Mr. Gwinn: It's a great pleasure to work for you. I really appreciated the opportunity very, very much. Thank you. Chair Asing: Thank you very much. Ms. Kawahara: Thank you. Mr. Furfaro: Thank you, Roger. Mr. Kawakami: Thank you. Mr. Kaneshiro: Thank you. Chair Asing: What I'd like to do is open the meeting up to the public. With that, Glenn. GLENN MICKENS: Thank you, Kaipo, for the record Glenn Mickens. If I understood what Mr. Gwinn was saying...I appreciate all his hard work. It would...would be nice if we did have copies of this for the public as the public keeps asking so we could of kind of followed along with what you guys are doing, so I hope you can do this. It a...it appears that everything he's saying is going to be contingent on the funding. You know, where the money is going to come from and on a prioritized list. I think he mentioned roads and bridges, which I agree 100% with. I don't think there's anything more important than these two issues. But again, he listed the Department of Transportation, you know we're talking about hundreds of millions of dollars and I guess Mr. Gwinn is the lobbyist to try and get this money. With funding the way it is now and all these other projects and things, I just...you know, I have a hard time understanding where this money is ever going to come from to be able to fund these things. But you know, he... he touched on the bike path. I don't know where that is on a prioritized list. Again, he didn't...he talked about enhancement...road enhancement projects. I...I just...I just have to wonder does this council actually prioritize these things when they give it to Mr. Gwinn or whoever? You...you...you know give a list of the...the...the things that you want on the top of it and then go on down because obviously you're... you're not going to get your whole thing. You're only going to get certain amounts and right now so many of these things are iffy. But anyway, these are just some of the...the questions that I...I have for this thing. Thank you, Kaipo. COUNCIL MEETING - 17 - November 18, 2009 Chair Asing: Thank you. Is there anyone else who wants to speak on this item? If not, what I'd like to do is call the meeting back to order. There being no one else wishing to speak on this item, the meeting was called back to order, and proceeded as follows: Chair Asing: Councilmember Bynum. Mr. Bynum: Just to address what Glenn just said, you know, the coun...you know, government's a complex mechanism and our relationship with the State and federal government's a complex one and in my view, the County of Kauai is... increased its efficiency and its ability and its collaboration on addressing these issues, and to answer your question, yes, the council is very much involved in that dialog and discussion, along with the administration. You know the...the procurement of the Ferguson Group has really increased our ability to advocate on behalf of the people of Kauai in an effective manner and if you look at this report, you know, we're making specific proposals about a wide variety of public issues from watershed to roads and bridges to shoreline and...and...you know that's a combination of us getting better at stepping up to the plate to get our fair share for Kauai. And, you know, I...I applaud the leadership from this council and from the Mayor and getting our act together both on the state level and on the federal level, you know, to collaborate in our advocacy to see that we get our fair share. So I'm overall, just from my perspective, pleased with that and, you know, Mr. Gwinn has talked about additional information being made available on a regular basis and so I've seen nothing but improvement over the three years I've been on council in terms of our responding to this. But it's a big challenge because we're also, you know, dealing with frozen positions and as Mr. Gwinn said, more of these funds are made available in competitive grants and that means having staff available at the county level to seize those opportunities when they're...when they arrive. And it's not just like put your bid in, you have to come up with a well thought out proposal and you're competitive either in the state or nationally. And so we'll continue our dialog, I'm sure, with the administration about whether we are stepping up to the plate and missing opportunities and so I just wanted to make those comments. Thank you. Chair Asing: Thank you. With that, Councilmember Kaneshiro. Mr. Kaneshiro: Thank you, Mr. Chair. I just wanted to address some of the concern that one of the speakers had. And basically, we did a resolution, Resolution No. 2009-33, introduced by Derek Kawakami. Derek, as you know is our NACo representative and board member for NACo, and each of the items that we talked about, all non... nine items that we had discussions on today was on that resolution and was unanimously passed by this council on March 25, 2009. So, it has been, you know, in discussion previously. We've had discussions with the administration, and putting our minds and effort together, we thought that these were high priority projects that the people of Kauai really COUNCIL MEETING - 18 - November 18, 2009 needed and that we needed to get done. And through the efforts of the Mayor's Office, through the efforts of Mr. Kawakami serving on NACo, I know that Mr. Bynum and some of us were there at the National Association of Council or County conference in Washington D.C. We all met with our representatives, letting them know that these were the high priority projects. So, yes, Mr. Mickens, we've had lengthy discussions on this and even a resolution, as I said, was passed unanimously by this council. Chair Asing: Thank you. Councilmember Furfaro. Mr. Furfaro: Yes, thank you, Mr. Kaneshiro for clarifying that question for everybody about how these items get on our radar screen. Yes, we all participate. My mike again? Thank you, Mr. Kawakami. So, again I just wanted to thank you for revisiting that resolution, our decision to have Mr. Kawakami kind of lead the charge about how everything gets on the radar screen. I just want to go back. and say...I wanted to thank Roger for the report. I also want to assure the public that we get regular updates and I...I think some of the samples that were provided in the package going forward, constantly making improvements on keeping us well informed, I wanted to say thank you very much. The report was very complete. I do want to say though, I have a little concern about some of the flood control money. There seems to be some conditions that moneys can only be used within the hydraulic controls and... and other areas as you read through the report and I will pursue, individually, getting a little more clarification on those earmarks. Thank you very much and thank you Mr. Kawakami for leaving...leading the charge for us. Chair Asing: Any other comments, councilmembers? Yes, Councilmember Kawakami. Mr. Kawakami: Yeah, I want to also thank Roger Gwinn and the Ferguson Group, and just so everybod...everybody kind of knows who...who's this guy that's up there in D.C. watching, you know, being the eyes and ears for us, Roger Gwinn was named by Influence Magazine as one of six top gun appropriations lobbyists in D.C. So, we're looking for the best; we have the very best. And you know Roger Gwinn and his group, The Ferguson Group, they can get us up to the one-yard line, but it requires a collaborative effort, you know, to punch it into the goal line and you know, this... this past season, you know, it took the efforts of the administration. I mean we sent up a strong delegation with Councilmember Kaneshiro, Councilmember Bynum, Councilmember Kawahara, and you know, Councilmember Chang, all up there and, you know with the Council Chair and Vice Chair holding down the fort here. We were able to go up and... and... and punch it in. You know a lot of these moneys that you know we didn't get, they're still out there. They're just in a different form. You know, they're in a different bucket. Instead of sending it straight to us, they created a bigger pool and we just got to be competitive and we got to push and I know that we're going to push hard and...and that's going to be the efforts between the administration, our COUNCIL MEETING - 19 - November 18, 2009 lobbyist in D.C., and here amongst the council. So I just want to say thank you to The Ferguson Group, to administration and to all councilmembers who pushed hard for this federal agenda. Chair Asing: Any further comments, councilmembers? If not, again, Roger, thank you very much, appreciate your hard work, time and effort there, and to the administration and our representative Kawakami there and all councilmembers, thank you. With that, I'd like to have a motion... Mr. Nakamura: Motion to receive, Mr. Chair. Chair Asing: To receive. Mr. Furfaro moved to receive C 2009-366 for the record, seconded by Mr. Chang, and unanimously carried. Chair Asing: Thank you very much, Roger. Mr. Nakamura: At this time Mr. Chair, we're back on page 2 of the council's agenda and there was a request to take up as the next item of the day, communication C 2009-363. C 2009-363 Communication (10/29/2009) from the Director of the Office of Economic Development, requesting Council approval to amend the West Kauai Technology and Visitor Center lease between I~kiaola Land Company, Limited, and the County of Kauai to allow the operation of a gift shop: Mr. Furfaro moved to approve C 2009-363, seconded by Mr. Kaneshiro, and unanimously carried. Chair Asing: Thank you. Next item, please. Mr. Nakamura: At this time Mr. Chair, we're back on page 1 of the council's agenda. Communication for receipt, this would be communication C 2009-356. C 2009-356 Communication (10/14/2008) from the Director of Planning, transmitting the Planning Commission's recommendation for approval to amend the Comprehensive Zoning Ordinance relating to closing the County Open District "density bonus" by imposing controls on development of land zoned as County Open and Agriculture Districts within the State Land Use Agricultural District. Chair Asing: Can I have a motion to receive? Mr. Bynum moved to receive C 2009-356 for the record, seconded by Mr. Kaneshiro, and unanimously carried. Chair Asing: Next item, please. Mr. Nakamura: Next matter is a communication for approval, communication C 2009-357. COUNCIL MEETING - 20 - November 18, 2009 C 2009-357 Communication (10/20/2009) from the Director of Housing, requesting Council approval to decline repurchase of Unit No. 102, Villas at Puali, located in Puhi at 1918 Haleukana Street, Lihu`e, Kauai, Hawaii 96766, and provide the owners aone-year waiver of the County's repurchase right effective the date of the Council's decision: Mr. Chang moved to approve C 2009-357, seconded by Mr. Kaneshiro, and unanimously carried. Chair Asing: Next item, please. Mr. Nakamura: Next matter for approval is communication C 2009-358. C 2009-358 Communication (10/20/2009) from the Director of Finance, requesting Council approval to create a temporary Mobile Data Terminal (MDT) Administrator Position within the IT Division to assist with the implementation of the MDT rollout in the Fire and Police Departments. Chair Asing: Motion to approve? Mr. Chang moved to approve C 2009-358, seconded by Mr. Furfaro. Chair Asing: Any discussion? Ms. Kawahara: Chair? Chair Asing: Councilmember Kawahara. Ms. Kawahara: I had a question. Thank you, Chair. I had a question about...I didn't see anot-to-exceed date on this actual request and I was wondering if we could send a request to administration because it's a temporary...temporary position and usually there's...with our temporary positions we have anot-to-exceed date so we know how long that position will be. Chair Asing: Okay, okay. Staff tells me that it'll terminate at the end of this fiscal year and they need to come back again. Ms. Kawahara: Okay, thank you very much. Chair Asing: Thank you. Mr. Furfaro: May I make a comment also? Chair Asing: Yes. Mr. Furfaro: Typically just for future references, temporary positions mean temporary not to exceed 89 days. Therefore when we see this, typically we understand that there is an 89-day review. i COUNCIL MEETING - 21 - November 1~3, 2009 Ms. Kawahara: Okay. Mr. Furfaro: I think that's what the Chair just brought us up to date on, so. Ms. Kawahara: Okay, that's a good thing to know. Mr. Furfaro: It's... it's rather difficult to... difficult to catch that when it references temporary. Ms. Kawahara: Okay, thank yau. Chair Asing: Thank you. Any further discussion? The motion to approve C 2009-358 was then put, and unanimously carried. Chair Asing: Next item, please. Mr. Nakamura: Next matter for approval is communication C 2009-359. C 2009-359 Communication (1012212009} from the Director of Parks and Recreation, requesting Council approval to accept a "V4relcome Wall" sign at Hofgaard Park in Waimea valued at ~I0,000 from the West Kauai Business and Professional Association (WKBPA}: Mr. Furfaro moved to approve C 2009-359 with a thank-you letter to follow, seconded by Mr. Kaneshiro, and unanimously carried. Chair Asing: Next item, please. Mr. Nakamura: At the top of page 2 of the council's agenda, communication for approval, communication C 2009-360. C 2009-360 Communication (10/23/2009} from the Director of Housing, requesting Council approval to decline repurchase of Unit No. 49, Villas at Puali, located in Puhi at 4042 Puali Place, Lihu`e, Kauai, Hawaii 96766, and provide the owners aone-year waiver of the County's repurchase right effective the date of the Council's decision: Mr. Furfaro moved to approve C 2009-360, seconded by Mr, Kaneshiro, and unanimously carried. Chair Asing: Next item, please. I~~Ir. Nakamura: Next matter for approval is communication C 2009-361, C 2009-362 Communication (1012812009} from the Director of Parks and Recreation, requesting Council approval to accept a "~'4'elcome Wall" sign at MacArthur Park in Kekaha valued at $1,700, donated by Billy DeCosta and Waimea High School Woodshop Class, and Ronald Badua: Mr. Furfaro moved to approve C 2Q69-361 with athank-you letter to follow, seconded by NTr. Kaneshiro, and unanimaus].y carried, COUNCIL MEETING - 22 - November 18, 2009 Chair Asing: Next item, please. Mr. Nakamura: Next matter for approval is cammunication C 2009-362. C 2009-362 Communication {1012912009) from the Directar of Housing, requesting Council approval to decline repurchase of Unit No. 29, Villas at Puali, located in Puhi at 1937 Hokunui Place, Lihu`e, Kauai, Hawaii 96766, and provide the owners aone-year waiver of the County's repurchase right effective the date of the Council's decision: Mr. Furfaro moved to approve C 2009-362, seconded by Mr. Kawakami. Chair .Asing: There was a second? Mr. Kawakami: Second. Chair Asing: I'm sorry I didn't hear that. With that, any discussion`? The motion to approve C 2009-362 was then put, and unanimously carried. Mr. Nakamura: Mr. Chair, if at this time we can ga to page 3 of the council's agenda under Legal Documents for approval of legal documents attached to communication C 2009-369. LEGAL DOCUMENT: C 2009-369 Communication {11106/2009) from the Director of Housing requesting {a) approval of the Disposition Agreement, {b) deferment of approval to close pending completion of the due diligence phase and confirmation by the consultant that the site is acceptable for residential development, and {c) approve the Right-of--Entry Agreement and authorize the County Clerk to execute this legal document in order to allow the County to undertake the due diligence review of the subject parcel regarding the purchase agreement to acquire a 75-acre parcel of land in `Ele`ele, Kauai, far the purpose of providing future affardahle housing as follows; 1. Disposition Agreement between McBryde Sugar Company, Limited and County of Kauai Re: TN1K {4) 2-1-01:027 {por.), Wahiawa, Koloa, Kaua`l, Hawai`l; 2. Right-of-Entry Agreement by McBryde Sugar Company, Limited granting to the County of Kauai a nonexclusive right-of--entry to Tax Map No. ~4j 2-1-01-27. Mr. Kaneshiro moved to approve the legal documents attached to C 2009-369, seconded by Mr. Furfaro, and unanimously carried. COMMUNICATIONS: Chair .sing: Next item please. i CC?UNCIL MEETING - 23 - November 18, 2009 Mr. Nakamura: Mr. Chair, we're back on the council's agenda at page 2, on communication C 2009-364. C 2009-364 Communication {10/30/2009) from Derek S.K. Kawakami, Hawaii State Association of Counties {HSAC} President, requesting Council approval of the proposals included in the 2010 bISAC Legislative Package. Chair Asing: Why...why don't we take a caption break now. Mr. Furfaro: Then a...may I just ask before we take that caption break... BC, Videographer: Check your mike, Tay. Mr. Furfaro: May I just ask before we take that caption break, will we in fact be voting on these items individually? Chair Asing: Yes. Mr. Furfaro: Thank you very much. There being no objection, the meeting was recessed at 10:28 a.m. The meeting was called back to order at 10:43 a.m., and proceeded as follows: Chair Asing: This meeting is now called back to order. With that, Mr. Clerk, read the item again, please. Mr. Nakamura: We're back on page 2 of the council's agenda, Mr. Chair, on communication C 2009-364, which is a communication from Derek S,K. Kawakami, Hawaii State Association of Counties President, requesting Council approval of the proposals included in the 2010 Hawaii State Association of Counties Legislative Package. Chair Asing: Thank you. With that, what I'd like to do is turn it over to Councilmember Kawakami. Mr. Kawakami: Okay, thank you, Chair. I'd like to start off by just giving a brief over you...overview as to the process that we took, where we're at today and where we're going to be tomorrow and then hopefully at the end, we can have adopted a legislative package that HSAC will be presenting to the State Legislature this upcoming season. HSAC is basically the...the liaison between county government and the state government and the Governor. So, we're the middlemen and you know, it's... it's... the executive committee is... you have the Vice President who's Councilmember Nestor Garcia from City & County of ~Ionolulu; you have the treasurer who's Finance Chair from Maui, Councilmember Pontanilla, and we have our secretary who's also a Finance Chair from the Big Island County who's Fresh Qnishi, and then I'm serving as President. Basically the approach that we took, it came straight out of our bylaws and I'm going to read you one of the responsibilities and it says "The executive committee shall determine the strategy for the corporation s efforts before the State Le~is~.ature. An executive committee officer or designee shall testify before the legislature on proposals in the corporation's COUNCIL MEETING - 24 - November 1~3, 20Q~ legislative package. The executive committee may add legislative items to the HSAC legislative package during the legislative session if the measures promote the counties' home rule authority andlor increase the counties' revenues." So, I'rn going to go back to the responsibility of determining the strategy and the strategy that we decided to take as an executive committee is to basically go back to square one, which is a grassroots effort to build bridges and foster relationships with our state legislators in this upcoming legislative session. And the reason why we chose that as our primary purpose is because it became apparent when our TAT tax was at risk that, you know, there was a lot of misinformation and I want to disclose that...disclose this that our Kauai legislators have a great grasp on the challenges that the counties face. I want to say that again. Our Kauai state legislators do a fine job protecting the counties; they see us as one, okay. But there are some who have no background in county government and, you know, we just have to build the bridges and relationships to help educate them as to what our challenges are and what the impacts of their decisions on county government and our county people could, you know, end up being. So that is the... the strategy that we decided to take. Another strategy is each legislative session HSAC comes up with a leg package. Last year we had four proposals, which didn't fare well, and this year we have another set of proposals that we're going to be discussing, deliberating and voting an and these...a majority of these proposals have been introduced before and we're bringing them back again. VG'e felt that these were broad enough to benefit all of the counties and we felt that it was safe enough to not irritate the state legislators any more than they could be because, you know, the state government is up against the rapes right now and the last thing we want to do is put them in a position where they feel that we're not trying to protect them also and have them, you know, just get irritated with us. So we felt that this was safe. It provided great benefit for the counties and it provides some benefit to our people. So with that, I'd like to go proposal by proposal and ask for a... should we ask for approval on each one and at the end we can approve the entire legislative package. Chair Asing: Okay. Mr. Kawakami: Up front I'm going to also say that there are a couple of proposals that I...that I do not support and I will be asking for the receipt of thane proposals when the time comes. The reason why, you know, you may think that it's...it's awkward that, you know, I'm the presiding officer over this organization HSAC and I'm asking for the receipt is I felt that hey, let's...let's get it all out there to all the counties and whatever shakes out, shakes out and whatever sticks, sticks. But we're going to give everything there their fair share and their time. So without further ado, let's go to the first one, which is a proposed bill relating to taxation. Basically the purpose is to require the state department to grant counties access to the state's income tax database, and the justification is that all four counties in the State of I-Iawai`i currently tax real properties according to the property's highest and best use using methods of mass appraisal. Access to the State Department of Taxation's income tax database would enable counties to mare efficiently process applications for real property tax credits. So in essence you know you say information is power, this is giving more power to the counties by getting more information, and I would like to recommend that we approve this bill as part of the HSAC legislative package. Chair Asing: Okay, can I have a motion to approve? COUNCIL MEETING - 25 - November 1.8, 2009 Mr. Furfaro moved to approve Proposal No. 1 of the 2010 HS AC Legislative Package, a bill relating to county taxation, seconded by Mr. Chang, and unanimously carried. Chair Asing: Go ahead, Derek. Mr. Kawakami: Thank you. Moving to Proposal No. 2 relating to the EUTF Board of Trustees and the EUTF to spell it out, it's the Hawaii Employer's Union Health Benefits Trust Fund Board of Trustees and the purpose of this is to add a trustee to the Board of Trustees of the EUTF to represent the interest of the counties and the justification is that in 2008 there were 74,800 state workers and 18,550 county workers. Basically the contribution to the health benefit plans was over $550,000,000 with over $1.28,000,000 coming from the counties and the county water supply agencies. Of the total EUTF board membership, there are five employer trustees an the board who are currently state administration representatives and current law does not include a provision for county representation. So basically we're involved in the program, we're contributing money, but we have no representation. There's no county representation. And recently decisions have been made by the EUTF that affect the counties including the decision to change the prescription drug program and have caught many members by surprise, and by adding a trustee to the EUTF to represent the counties, members may be better informed of changes to the programs and decisions may be made that will take county interest into consideration, and I strongly recommend that we approve this. This is to add our fair representation. We are not being represented right now and I would strongly recommend that we approve this measure. Chair Asing: Can I have a motion to approve? Mr. Chang moved to approve Proposal No. 2 of the 2010 HSAC Legislative Package, a bill relating to the Hawaii Employer-Linion Health Benefits Trust Fund Board of Trustees, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: Next item, please. Mr. Kawakami: All right, thank you. Give me one second to find this next bill. All right, the next bill is related to land use and I will be asking that we receive, yeah, this bill, but let me go over the means. Basically it's to repeal references to the LUC in the Hawaii Revised Statutes, direct the Legislative Reference Bureau to draft legislation to transfer responsibility over important agricultural lands to the Department of Land and Natural Resources, and direct the Legislative Reference Bureau to draft legislation to remove references to the State Land Use Districts. And the justification behind this is that prior to 1961 the duties, functions and responsibilities of the State LUC were handled by each. respective county's Planning Department. Decisions made at the municipal level best support a grassroots decision-making process by thaw communities most 'COUNCIL MEETING - 26 - November 18, 2t}0~ 'impacted by any proposed development. 11~Iany of the functions of the LUC are redundant to each respective county s Planning Department. The proposal returns the zoning functians to the counties while transferring the balance of the LUC functions to the Department of Land and Natural Resources. The reason why I'm asking for the receipt of this measure is I just don't feel that we're there right now. I think there's a purpose of handing...af have...of having a Land Use Commission. It provides checks and balances, and if it appears to be redundant, then that's just proof that I guess we're on the right path, You know if we're bath agreeing, you know we're headed in a good direction. Also, you know, at the same time we're 'trying to battle these unfunded mandates that have been brought up. You know ,there's been speculation and talk that, you know, that the Governor would like to transfer some of the duties and responsibilities back to the counties. This would kind of be like an unfunded mandate that we'd be mandating on ourselves. ~a I just don't see justification to this measure at this paint. I'd like to ask that we receive this. Mr. Furfaro moved to receive propasal Na. 3 ofthe 2t}IO HSAC Legislative Package, a bill relating to land use, for the record, seconded by Mr. Chang. Chair Asin : Any discussion? Councilmember B num. ~ Y Mr. B num: Yeah I 'ust want to concur with Y ~ J 'Councilmember Kawakami regarding this particular propasal. I could see a date in the future where I would support far the reason stated that land use issues generally are funded by the...are handled by the county and it could be seen as a home rule issue. However, I don't believe that the state or the counties have, in particular, you know, specifically our county have put the ordinances and structure in place to effectively manage this, and for this time period the LUG does, you know, act as a check and balance to same extent and perhaps in some good ways. And I wonder if some of this isn't coming from City & County where the council there may have been unhappy with some recent land use decisions. So, I just want I to concur with Councilmember Kawakami and say I'm pleased that and would encourage our colleagues not to endorse this particular proposal. Chair Asing: Councilmember I~awahara. Ms. Kawahara: Thank you, Ghair. I also want to concur with Councilmember Kawakami and appreciate him asking to receive this item. I have concern about just eliminating the LUC because I believe it still does provide many Z protections far land use here in the state. It,..I just want to go through a bunch of them that I still think that are important enough for us to.,,to hold off on thinking about eliminating it. It...it offers a way to protect. the land. It gives the public the i ability to participate in land use decisions. It allows the public to question developers and paid witnesses, and allows the public to give complete presentations where at times they're only given athree-minute slat at a council level or six-minute; we're gracious enough to do that. Also, LtZC provides an objective ~drty i COUNCIL MEETING - 27 - November I8, 2009 to land use decision making processes and provides our right to challenge anything that the public might think is... is contrar~r to the law. So, I... I want to recognize and thank Councilmember Kawakami for addressing this and recognizing the concerns that we may have in receiving it. Thank you. Chair Asing: Any discussion? If not, go ahead... Mr. Furfaro: Oh, I just want to reemphasize one of Councilman Kawakami's comments. Quite frankl~r, we're not ready to handle this. At some future paint, we want to have our own control, but we are far from ready to accept this. Chair Asing: Thank you. The motion to receive Proposal No. 3 of the 2010 HSAC Legislative Package, a bill relating to land use, for the record was then put, and unanimously carried. Chair Asing: Next item, please. Mr. Kawakami: Okay, at this point we're going to go over to the resolutions and just to separate it, the bills will be introduced up front, up at the beginning and a lot of these resolutions will just provide almost like testimony. It's going to be a boost and we'd like to have these ready. So we're doing this differently than...than we have in the past. But the first resolution and there was a bill attached to this resolution, yes, and I'd like to ask if we can have our County Clerk Peter Nakamura give us some background since he did provide a lot of work on this reso and the history of it. Chair Asing: With that, Mr. Clerk. The rules are suspended, There being no objection, the rules were suspended. Mr. Nakamura: Council Chair, Peter Nakamura, County Clerk for the record, Councilmember Kawakami, and councilmembers. We wanted to first of all thank the Hawaii State Association of Counties for assisting the...the Elections Offices of the...the four counties in this matter. Initially when this was first brought to the attention of the Hawaii State Association of Counties Executive Committee, the...the reimbursements that were due to the counties from the 2008 election far services that were provided by the counties for essentially what are state responsibilities had not been processed. At that time when we initially spoke with the Hawaii State Association of Counties Executive Committee, they graciously offered their support. In fact there was a bill that was part of this initial package that requested an appropriation from the legislature to reimburse the counties for 2008 election costs. Eventually what had happened was the...the State Office of Elections began slowly...I shouldn't say slowly...began the processing of reimbursements to the...to the counties. To date, Hawaii County and Maui County I i CC}I.l'NCIL MEETING - 28 - November 18, 2009 have been reimbursed, and at this time it's just Kauai Gounty that we're awaiting our reimbursement. So, I think the...some of the...while the reimbursement issue is, I would say, three-quarters way there, some of the other matters in the resolution that are addressed by the resolution are still pertinent and still relevant, especially if you go to the second page of the resolution from the Hawaii State .Association of Gounties, the second and third "$e it resolved,".,."$e it further resolved" clauses are especially important and still deserve the consideration of the councils and the State Association of Counties for support, and that would be urging the Ghief Election t~fficer to exercise responsibility in providing election services within the fiscal constraints imposed by the Governor and the Hawaii State Legislature, and the next "$e it further resolved" clause that asks that if there is not a matter of fund..,if the funding is still constrained that...that the counties be adequately compensated for providing these services for the 2010 election. So those...those things still deserve some consideration both by the county councils, city council, and the State Association of Counties. 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: Any... do we, ..did we have a motion? Nah, no motion. Mr. Furfaro: We didn't have a motion, but I had a question. Ghair Asing: Go ahead. There being no objection, the rules were suspended. Mr. Furfaro: Mr. Clerk, this question about the reimbursements, was there something that I~aua`i County was not ahead of the curve on in getting the processing done or,., NIr. I~Takamura: No. Mr. Furfaro: So we were,..we were timely with our expected reimbursements? Mr. Nakamura: We were timely with invoicing, I would,..I would say. Mr. Furfaro: Yes, yes. Mr. ~akarnura: Invoicing the C)ffice of Elections. i COITNCIL MEETING - 29 - November 18, 2009 Mr. Furfaro: For reconciling what we're due. Mr. Nakamura: Yes, yes. Mr. Furfaro: Okay. You know, I just...I just want to ask that ,question because I am concerned going forward that mare and more administrative 'type expenses and so forth could end up being shifted toward the county. Sa I ,certainly will be supporting this resolution on the reimbursements. Mr. Nakamura: Mr. Chair, just to clarify a little bit on...on what ''the Vice Chair Furfaro raised, if you ga to the resolution an the first page, some of the "Whereas" clauses kind of explain that situation. There has been discussion at the State Elections Office about closing precincts or consolidating precincts, There's also been discussions going on on the neighbor islands and there has been...because of those kind of discussions, there has been suggestions that voters... affected voters be...be encouraged to vote by absentee mail,,.by mail ballot. By statute absentee mail balloting is purely a county cost. So in a sanse what happens and whereas precinct operations are a state cost, sa in essence what happens is if the state saves money, there's this almost this...I don't want to call it an unfunded mandate, Mr. Chair, but there's this a.., there's a... a shift of cost that occurs that... that isn't, you know, perceptible up front. So, the resolution is... is very... is... is good on pointing that out. Mr. Furfaro: Yeah and thank you. You know these policy I statements do also shift cost to us, kind of in a subtle way. Thank you, j Chair ~lsing: Councilmember Bynum. 1 Mr. Bynum: Just along those lines, I just wanted to highlight one part of this resolution that..,that's in here and it's well written is that absentee voting from 1992 to 2008 has rose from 11°lo to 89°l0. That's a very significant I change and you know, we like people to have easy access to voting, but as you pointed out, it...it's a cost... Mr. Nakamura: Cost. Mr. Bynum: And it's not cheap. Mr. Nakamura: True. Mr. B ~num: So... y Mr. Nakamura: Both in the... NIr. Furfaro: Yes. COUNCIL MEETING - 30 - November 18, 2aa9 Iti~Ir. Bynum: That's a very interesting statistic. Mr. Furfaro: Yeah that shifts more of the cost to us. Mr. Bynum: Right. Chair Asing: Okay, thank you, Feter. I'd 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 approve? 11~1r. Furfaro moved to approve Proposal Na. 4 of the 2x10 HSAC Legislative Package, a resolution urging the Governor, Chief Election Officer, and Hawaii State Legislature to provide appropriate levels of services for the 2a10 Elections, seconded by Ms. I~awahara, and unanimously carried. Chair Asing: Next item, please. Mr. Kawakami: Thank you, 11'Ir. Chair, and moving forward to the next resolution is a resolution requesting that the State refrain from utilizing the Wireless Enhanced 911 Special Fund for the purposes other as designated by ACT 159 and remove the spending cap on the fund. Basically...well, you know, the state has been dipping their hands into every cookie jar and this E911 fund has been one of them and you know the purpose of the 911 fund was to enhance our public safety awareness FSAPs and...and FSAFs is Public Safety Answering Points and basically this is a reso asking that hey, you know, they've...they've touched it once, you know, let's maintain it so that we can enhance our Public Safety Answering Points. I will say that I will be asking for an approval on this, but this is going to be a touchy resolution because if it camel down to them asking what do you want us to do, preserve the E911 or the preserve some of your TAT? That will put us in a predicament and I would have to say that TAT would be a priority. .But I will be asking for support on this resolution because it does deal with public safety. The funds were allocated towards, you know, these type of public safety type of operations. Chair Asing: Thank you. Can I have a motion to approve? Mr. Bynum moved to approve Proposal No. 5 of the 201a HSAC Legislative Package, a resolution requesting that the State refrain from utilizing the wireless enhanced 9-1-1 Special Fund for purposes other than as designated by Act 159 {20a4} and remove the spending cap on the fund, seconded by Mr. Kaneshiro, and unanimously carried. Chair rising: Next item, please. COUNCIL MEETING - 31 - November 18, 2009 Mr. Kawakami: Thank you, Mr. Chair. The next two resolutions are basically just support for the first two bills, the bill relating to taxation -access to income tax databases, and bill relating to the EUTF Board of Trustees to add county representation. The resolutions I...we felt were important because things happen so fast in the state legislature that we should have some sort of resolution to show our support behind these bills so that we do not have to scramble. And so the next two bills deal with that and so I'd like to ask for approval on the resolution to allow counties access to the state income tax. ' Mr. Furfaro moved to approve Proposal No. 6 of the 2010 HSAC Legislative Package, a resolution in support of allowing counties access to the State L}epartment of Taxation's income tax database, seconded by Mr. Bynum, and j unanimously carried. j Chair Asing: Next item, please. Go ahead. Mr. Furfaro moved to approve Proposal No. 7 of the 2010 HSAC Legislative Package, a resolution urging the Hawaii Employer-Union Health Benefits Trust ' Fund to conduct a feasibility study to establish a captive insurance program for health insurance and establish such a program, seconded by Mr. Chang, and unanimously carried. Chair Asing; Next item, please. Mr. Kawakami: And last but not least, proposed resolution No. 8 ties into a bill that we received and it would provide support, so I'm going to ask for the receipt of this. Mr. Bynum moved to receive Proposal No. of the HSAC Legislative Package, a resolution requesting the State consider transferring the duties, functions and responsibilities of the State Land Use Commission to each respective County Planning Commission, for the record, seconded by Ms. Kawahara, and unanimously carried. Chair Asing: With that, any further discussion on this item? Councilmember Bynum. Mr. Bynum: I want to thank Councilmember Kawakami for his leadership in bringing this presentation to the council. I also want to concur with his earlier comments about. we need to fundamentally ground our state legislature on county issues. I think that's a very wise choice given the current political climate and...and then I just wanted to say something about TAT because TAT is the Transient Accommodation Tax. It's the tax that visitors pay with their hotel rooms primarily, I think, or exclusively, and clearly the counties host visitors. You know the visitors use our roads, use our parks, and...and our tax...and a...and area burden on county services. In fact, on ~aua`i, I think, probably the biggest burden CGUNCIL MEETING - 32 - November 18, 2009 in terms of percentage of the population, when you walk around Kauai and you see 10 people, 2 or 3 of those people are visitors. And so as a percentage of the people.,,pre.,,population, it's great on Kauai. Qn C}`ahu I would guess that you would see 100 people...it takes 100 people to come up with 2 or 3 visitors. And so the impact on the neighbor islands is greater. The percentage of our budget that comes from Transient Accommodation Tax is greater on Kauai than the other islands, And so it's a fundamental and key important issue that the legislature need,..and our citizens need to understand that's why I'm making these comments because it's illogical for the legislature to strip TAT given those facts, I mean our argument for a portion and we don't get all of it, we get a portion, is just a logical and appropriate argument that the counties are entitled to a portion of that as a recognition of the stress that visitors place on...on our county budget. ~Ve like that, that's a goad thing, we Like hosting visitors, but it impacts us and so it'll be..,you know I encourage all of us to stand firm with that as we did successfully last year because the consequences for Kauai are greater than the other islands should we Lose it and will create a budget crisis for the County of Kauai. So, thanks for allowing me to make those comments. Chair Asing: Thank you. Any other comments? Let me just say..,you knout, Councilmember Bynum, you're correct about, you know, the TAT, you know we have visitors here. But I..,I can tell you that, you know, the percentage that we receive is much higher than the percentage if we were to collect all the TAT on this island by itself VVe get more today than we get if we just took our island. So, we get...you know, we get far more. But it.,.it's,.,it's just going to be a...a.,.a real tough road. ~'e...we have to try our best. I can tell you that, you know, there's some history behind this. You know the Grants-In-Aid Program really started somewhere in 1905, 1971. We were getting about $3,000,000, so that would be...you know, that was our share of money that we got from the.,.the legislature. Then come about 1990, the Grants-In-Aid Program was repealed because the TAT came into effect and when the TAT came into effect, we got about X10,000,000. So the TAT fund total, talking about statewide was allocated in different percentages and so the state got their share of the pot, Kauai got their share, Maui, I4awai`i and Honolulu. It was divided and there was another component which is the Convention Center. They got a share too, But it...it's just going to be a,,.a tough road. We.,.we're just going to have to do whatever we can to try to protect it and so, we'll just try the best we can to see what we can do in trying to protect that TAT. For us it'll be about $12,000,000 give or take. That's what we're talking about possibly losing if we Lose it. So, with that, thank you. We have a motion to receive this item. Any further discussion? l~Ir. Nakamura: Mr. Chair, 364 is to_.is to approve the overall.., Chair Asing: Package, Mr. Nakamura: Yes. COUNCIL MEETING - 33 - November 18, 2009 I Chair Asing: Okay. The motion is to approve the entire package. Mr. Bynum: As amended. Mr. Nakamura: As amended. Chair Asing: As amended. Mr. Nakamura: Correct. Chair Asing: Okay. I'm sorry. Mr. Nakamura: We need a motion. Chair Asing: I'm sorry. Mr. Furfaro moved to approve C 2009-364 as amended, seconded by Mr. Kaneshiro. Chair Asing: Any further discussion? Go ahead, Councilmember Kawakami, Mr. Kawakami: Thank you, Mr. Chair, and just the way that I-ISAC is formulated and the process that it goes through, this package needs to be voted unanimously by all the counties. So if it does not receive a majority vote, which...which I mean if some of these bills that we approve do not receive a majority vote, say in another county, we will not see that bill in the final HSAC leg package, but I will keep you informed. And I'd like to say thank you to all you councilmembers. This coming legislative session is going to be extremely challenging, so I'd like to, you know, ask for your support in...in going up there and testifying and... and, you know, staying true to our mission, which is to build that grassroots relationships with our legislators. I want to say thank you to our Kauai representatives. They worked closely and they fight hard for the counties. The bottom line is they fight tooth and nail for...for the counties, So, with that being said, thank you. Chair Asing: Any further discussion? The motion to approve C 2009-364 as amended was then put, and unanimously carried. Chair Asing: Next item, please. Mr. Nakamura: We're at the bottom of page 2, Mr. Chair. Communication far receipt is C 2609-367. i COUNCIL MEETING - 34 - November 18, 2009 C 2009-367 Gommunication (11112/2009} from Council Chair Asing, requesting that the Council reconsider its approval of Bill No. 2319, Draft 2, relating to shoreline setback and coastal erasion, which was unanimously approved at the November 4, 2009 Council meeting, to re-insert the phrase "...that the proposed activity or structure..." into Section $-27.${c}(~} on pages 12-13 of Bill No. 2319, Draft 2: Mr. Kaneshiro moved to receive G 2009-367 for the record, seconded by Mr. Chang, and unanimously carried, Chair Asing: Next item, please. Mr. Nakamura: Next matter an the top of page 3 for approval is a Legal Document attached to communication C 2009-3~i$. LEGAL DOCUMENT: G 2009-36$ Communication {1110312009} from the Chief of Wastewater, Department of Public Works, requesting Council approval of a Subgrant Agreement between the County of Kauai and Gay & Robinson Inc., which will provide funding of $3$, 300 from the Federal Environmental Protection Agency {EPA} grant to the sub-recipient for Water Infrastructure -Pakala Village Wastewater Treatment Works, Makaweli, County of Kauai, hlawai`i, Grant Assistance iD No. XP-96967701-1. • Subgrant Agreement by and between the County of Kauai and Gay & Robinson Inc. for Water Infrastructure -- Pakala Village Wastewater Treatment Works, Makaweli, County of Kauai, Hawaii, Grant Assistance ID No. XP-96967701-1. Mr, Bynum moved to approve the legal document attached to C 2009-36$, seconded by Mr. Kaneshiro, and unanimously carried. Chair Asing: Next item, please. Mr. Nakamura: Next matter... next matters on the bottom of page 3 are claims: communication G 2009-370 which is a claim filed against the county by Lori H. Walla; communication C 2009-371 which is a claim filed against the county by Hideo Wakuta, and bottom of page 3 communication G 2009-372, claim filed against the county by Carl D. Kehrer. CLAIMS: C 2009-370 Gommunication (10!2912009} from the County Clerk, transmitting a claim filed against the County of Kauai by Lori H. Walla for reimbursement of costs for damages incurred while on County business, pursuant to Section 23.06, Charter of the County of Iiaua`i: Mr. Furfaro moved to refer C 2009-370 to the County Attorney's Office for disposition andlor report back to the Council, second by Mr. Kaneshiro, and unanimously carried. COUNCIL MEETING - 35 - November 18, 2009 C 2009-371 Communication (1013012009) from the County Clerk, transmitting a claim filed against the County of Kauai by Hideo V6'akuta for damage to his vehicle, pursuant to Section 23.06, Charter of the Gounty of Kauai: Mr. Furfaro moved to refer C 2009-371 to the Gounty Attorney's Office far disposition and/or report back to the Council, second by Mr. Kaneshira, and unanimously carried. G 2009-372 Gomrnunication (1110212009} from the County Clerk, transmitting a Clalm filed against the County of Kauai by Garl D. Kehrer far damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: l~~Ir. Furfaro moved to refer C 2009-372 to the County Attorney's Office for disposition andlor report back to the Council, second by Mr. Kaneshira, and unanimously carried. Ghair Asing: Next item, please. Mr. Nakamura: At the tap of page 4, NIr. Ghair, one committee report for approval. COMMITTEE REPORT: PLANNING COMMITTEE: A report (Na. GR-PL 2009-13} submitted by the Planning Committee, recommending that the following be received for the record: "PL 2009-2 Communication (912212009} from Jay Furfaro, Committee Ghair, requesting that Dianne Zachary, President & CEO, of Kauai Planning & Action Alliance, brief the Committee an the tap ten planning issues far Kaua`i," Mr. Furfaro moved for approval of the report, seconded by Mr. Bynum, and unanimously carried. Ghair Asing: Next item, please. Mr. Nakamura: Next matter is a bill far first reading, Proposed Draft Bill No. 2339. BILL FOR FIRST READING: Proposed Draft Bill Na. 2339 - A BILL FOR AN ORDIN<4NCE AMENDING ARTICLE 8 OF CHAPTER 8 OF THE KAUAI COUNTY GORE 1987, AS AMENDED, RELATING TO DEVELOPMENT STANDARDS IN THE OPEN DISTRICT; l~~Ir. Furfaro moved for passage of Proposed Draft Bill No. 2339 on first reading, that it, be ordeYed to print, that a public hearing thereon be scheduled for - - v COUNCIL MEETING 36 No ember 18, 2009 December 16, 2009, and that it thereafter be referred to the Planning Committee, seconded by Mr. Kaneshiro, 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. Next item, please. Mr. Nakamura: Final matter of the agenda is a bill for reconsideration. This is Bill No. 2319, Draft 2. BILL FOR RECONSIDERATION: Bill No. 2319, Draft 2 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Amending Article 27, Chapter 8, Kauai County Code 1987, relating to Shoreline Setbacks and Coastal Protection). Chair Asing: Thank you. Can I have a motion for reconsideration? Mr. Kaneshiro moved to reconsider Bill No. 2319, Draft 2, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: We're back to...the bill and I believe...let's have a motion to approve first. Mr. Bynum moved for adoption of Bill No. 2319, Draft 2 on second and final reading, seconded by Mr. Kawakami. Chair Asing: Okay, with that I believe we have an amendment. Mr. Furfaro: Yes, I have an amendment being circulated. It is correcting certain pieces that were unfortunately (inaudible) omitted. Mr. Kaneshiro: Technical amendment? Mr. Furfaro: Technical and housekeeping one. Mr. Kaneshiro: Right. Chair Asing: Can I have a second to the amendment? Mr. Bynum: Second. 1 COUNCIL MEETING - 37 - November 1~3, 2009 Mr. Furfara moved to amend Bill No. 2319, Draft 2, as circulated, seconded by Mr. Bynum, and unanimously carried. Chair Asing: We're back to the main motion as amended. Any further discussion? If not, roll call. The motion for adoption of Bill No. 2319, Draft 2, as amended herein to Bill No. 2319, Draft 3 was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7, AGAINST ADOPTION: Nane TOTAL - 0, EXCUSED & NOT VOTING: None TOTAL - 0. ADJOUR1~f~~IENT: Chair Asing: I believe that's the end of the agenda. Mr. Nakamura: Yeah, we have no further council business. There are public hearings at 1:30 p.m. There is...there are four bills for public hearing at 1:30 p.m. Chair Asing: Thank you. t~ith that, the meeting is adjourned. Thank you. ~re'll be back at 1:30 p.m. for public hearing. There being no further business, the meeting was adjourned at 11:1~3 a.m. Respectfully submitted, PETER A. AKAMLrRA County Clerk /wa