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HomeMy WebLinkAbout04/06/2011 Regular Council MeetingCOUNCIL MEETING April 6, 2011 The Council Meeting of the Council of the County of Kauai, was called to order by the Council Chair at the Council Chambers, 3371 -A Wilcox Road, Lihu`e, Kauai, on Wednesday, April 6, 2011 at 9:46 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum (present 12:33 p. m.) Honorable Dickie Chang Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro, Council Chair Mr. Nakamura: Five (5) present Mr. Chair. Chair Furfaro: I would like to take a moment just to share with you that we're very pleased that Councilmember Kawakami has departed our Council body, our colleague is now in Honolulu, in the House of Representatives. That will probably require on Friday when we begin our Council Meeting a rearrangement. Councilwoman Nakamura will be moving here next to Mr. Rapozo, Mr. Bynum is attending on Friday and we will have a Special Council Meeting that was posted today for the purpose of selecting a replacement. That meeting has been scheduled for Monday the April 11, 2011 at 4:30 or soon thereafter for the Councilmembers. I just wanted to have that moment of privilege to share about the relocation of some of the chair arrangements and our process to begin on Monday the 11 at 4:30. On that note, I guess we will go to the first item. Mr. Nakamura: Mr. Chair the next matter is the approval of the agenda. APPROVAL OF AGENDA. Mr. Rapozo moved for approval of the agenda as circulated, seconded by Mr. Chang. Mr. Nakamura: Council Chair... Chair Furfaro: I believe Mr. Clerk has a few small housekeeping corrections dealing with the Committee Report numbers and so forth so I will turn that over to the Clerk to get that corrected. Mr. Nakamura: Thank you Mr. Chair. My apologies to the Council, we need to ask to make some technical notices... corrections to the Committee Reports (Attachment 1). ittee Reports for approval (pages 4 -5); (Page 4) for Planning Committee Report CR -PL 2011 on flffl,, 2011 -01 (inadvertently omitted the "PL ") (Page 5) for Economic Development & Renewable Energy Strategies Committee Report EDR- 2011 -[02] on [2011 -02] 1 2 COUNCIL MEETING APRIL 6, 2011 (Page 5) Public Safety & Environmental Services Committee Report CR -PSE 2011 -[02] 0'1 on [2011-05] PFSFi; bift Ms. Nakamura moved to amend the agenda as stated, seconded by Ms. Yukimura, and unanimously carried. The motion to approve the agenda as amended, was then put, and unanimously carried. Mr. Nakamura: We're on page one (1), approval of the minutes of the following meetings of the Council. MINUTES of the following meeting of the Council: Council Meeting of February 23, 2011 Council Meeting of March 9, 2011 Ms. Yukimura moved to approve the Minutes as circulated, seconded by Mr. Rapozo, and unanimously carried. Chair Furfaro: Mr. Clerk let's go to the first communication. Mr. Nakamura: The first communication is communication C 2011 -75. COMMUNICATIONS: C 2011 -75 Communication (02/10/2011) from Council Chair Furfaro, requesting the Administration's presence to provide the Council with an update on the Kapaia Swinging Bridge Project. Chair Furfaro: On this note I believe Mr. Rapozo and Vice Chair Yukimura attended the meeting, I will ask them to give the Council a brief summary of that meeting as well but I guess we would like to hear from the Administration first. I'm going to suspend the rules and ask the Administration to come up? There being no objections, the rules were suspended. LARRY DILL, COUNTY ENGINEER: Good morning Council Chair Furfaro and members of the Council, I'm Larry Dill, County Engineer. First let me say I appreciate your consideration to defer this item till today's meeting to allow the Mayor to meet with the community last week. At the meeting on Thursday night, we indicated that we have received a preliminary engineering report from the consultant that was hired to assess the bridge and come up with a cost estimate for - -- - t-he restoration of the brglge - Several issues came up that -, M t--the, effort and _the - cost of that effort. We've asked the engiAeer t6­ 6me up 'with the estimates for of course restoration of the bridge itself and also what was necessary to provide access. The total cost estimate slightly over four million dollars is what he came up with for that project. We have gone back to the consultant and we asked some questions... the report by the way was received end of January, I believe was the 29th,and we have asked him some further questions, clarifications, in effort to see what we can do possibly to reduce that cost to make it more possible for us to move forward with. COUNCIL MEETING APRIL 6, 2011 Right now that's where it stands and we're waiting on the consultant but in the meantime on our side we are continuing to investigate opportunities there to help us with this project. Issues related to the ADA accesses is significant, so we're making sure we understand correctly what triggers the ADA access and if there are any circumstances that perhaps those requirements would not be triggered. Also the bridge has been registered on the Hawaii Historic register, that has ramifications as well with regards to cost for the restoration but also for the long term maintenance for the facility. I'll turn it over to the Council for any questions. Chair Furfaro: I'm going to as I mentioned that we, courtesy of the two (2) Councilmembers that have attended, I'm going to first turn the floor over to Councilwoman Yukimura and then to Mr. Rapozo and you could add any items from the meeting you were at but the floor is yours then followed by Mr. Rapozo. ALFRED B. CASTILLO, COUNTY ATTORNEY: Excuse me, Council Chair. Chair Furfaro: Yes. Mr. Castillo: Excuse me. I would just like to clarify one (1) important matter? Chair Furfaro: Go ahead. Mr. Castillo: For the record County Attorney Al Castillo. The report is a preliminary draft report because I don't want any of the public to have an understanding that the report is complete until such time that a report is complete, it's a final report, then it will become a public record. Chair Furfaro: Thank you. So noted, again from the Administration's comments from Mr. Dill that the report is a preliminary report from what I understand from your comments that you've asked to go back to the consultant (inaudible) on some bridge design, access, some of the ADA issues as well as the historic register questions. On that note, I will give this floor back to Councilwoman Yukimura. Do you want to give additional summary as to the meeting that you and Mr. Rapozo attended? Ms. Yukimura: Thank you. I think our County Engineer gave a pretty good summary, thank you. And I do appreciate the fact that they were willing to meet with the community members who have been very concerned with this issue. I do understand as stated by Mr. Dill that this is a preliminary report and in fact it has not been released to anyone outside of the Administration. That the Administration is working with the consultants going back and forth yet in terms of questions and answers and alternatives and opinions and more information before the final report is done. Mr. Dill: That's correct. Ms. Yukimura: Is that right? Mr. Dill: That's correct. 4 COUNCIL MEETING APRIL 6, 2011 Ms. Yukimura: I think it's good that there is this kind of oversight and guidance to the consultants in terms of what the County needs and wants to see. I feel like the summary was accurate, I guess the only question is the timeframe now for when the Administration expects to get back or complete its back and forth with the consultant and when we can expect to see the consultant report, I heard I think one (1) month but... Mr. Dill: The Thursday meeting, the Mayor did make a commitment to the community that we would get back to them within a month and I fully expect we would have the consultant's results by that time. Ms. Yukimura: Okay. Because if this has any impact on the county budget in terms of preliminary, cost estimates as well as preliminary actions or phases that this project would include that that is something we would like to see at least within a month. Mr. Dill: I understand. Ms. Yukimura: I want to acknowledge that there are several complexities to this issue and Mr. Dill mentioned that they start preservation aspect of it, the ADA access issues as well as the overall cost and so it's not... the answers don't come easily or simply but I think as far as I'm concerned it's a very important issue and I hope we can look at creative ways in addressing this because not only is it a historical structure that reflects a sense of place as well as our history but it could be a really valuable pedestrian access in my mind. Right now you know if people are to walk on the main highway, they take their lives into their own hands to get from Kapaia to Hanamd'ulu or even to into Kapaia Valley and or vice versa back from Hanamd'ulu into Lihu`e and so I think it's an important issue and I appreciate the attention that the Administration is giving to it. Chair Furfaro: Thank you. Mr. Rapozo. Mr. Rapozo: Thank you Mr. Chair. I'm going to be asking that this item be referred to the Finance and Parks and Recreation Committee because I do want to explore some of the issues that were discussed at that meeting, more specifically the ADA issues. Back in 2007 when the Council back then allocate two hundred thousand dollars ($200,000.00) for the Kapaia Swinging Bridge, I had a opportunity to meet with the ADA people in Oahu and their comments were that if we had gotten some historical designation, historical society designation... or whatever it's called... that we would be exempt from ADA, some ADA issues. What I heard at the meeting is that the historical designation created more problems for the restoration, so I'm kind of confused and 'I would like to see the ADA people here at the meeting so we can get it straight from them because I think from my memory and I don't have the notes unfortunately but I remember the meeting, it was quite clear that that was one (1) avenue to go and I believe the community did that. And - =- no I _think it's on the- htstonea4--reemster -so- I think- „that- -yott- fl there may, be . ... some benefit to the restoration. The other reason and I don't expect any answers today because and that's why I'm asking for the referral is there's been a lot of activity with the fund and I'm not sure what has or has not been done. The two hundred thousand dollars was allocated specifically to that project back in 2007 and in 09 I'm showing that the Kapaia Swinging Bridge capital budget was down at a hundred sixty -four thousand one hundred sixty -four dollars, so there was definitely a withdrawal from that account. In the 09 submittal as well or the 09 CIP report, COUNCIL MEETING APRIL 6, 2011 there was another line item for Kapaia Bridge replacement of seventy -six thousand one hundred twenty -seven that appears to be removed as well, I'm not sure where that money went. And then most recently forty thousand dollars was transferred from the Keapana Bridge replacement to the Kapaia Swinging Bridge which would have in essence elevated or increased that amount in that line. In the budget submittal, the upcoming budget submittal under the CIP budget we're showing the hundred and four thousand four hundred three dollars so again that's about sixty thousand dollars less than what was there in 09. So one (1) of my questions for the Administration is to provide a breakdown... what happened to all those moneys because from what I understand the only thing we've actually done is the consultant study which I'm showing forty thousand, unless we took more money out for this consultant study. Do you have an idea what that current study was just done... what the cost on that was? Mr. Dill: Mr. Rapozo: It was eighty -nine thousand. Eight -nine thousand. Mr. Dill: So out of the two hundred, that would have left... a little more than a hundred and four so there must have been some other incidental cost I would assume. Mr. Rapozo: And that's what I am interested in. Mr. Dill: Oh. Mr. Rapozo: Because we moved funds from Keapana to the Kapaia Bridge of forty thousand for this consultant but yet we had the money in the account, so I'm curious as to why that occurred. Mr. Dill: Yeah. Good question, I'm going to have to get back to you. Mr. Rapozo: Before your time, I understand that Mr. Dill. Obviously there's a lot of discussions that need to occur and like Mr. Furfaro mentioned... the budget is coming up... if there is any anticipated expenses for this bridge should we decide to move forward and I'm hoping we do that it will be reflected in our upcoming budget. I'm hoping we can get the concurrence of the members of this Council to get it referred to the Parks and Recreation Committee so we can get that dialog and hopefully get the consultant here. Also what I heard the structure of this bridge is okay... the structural soundness of this structure is okay? Mr. Dill: okay. Mr. Rapozo: Mr. Dill: be replaced. Mr. Rapozo: The soundness of the concrete foundation is Right. But all the wooden surface structure needs to Right. 6 COUNCIL MEETING APRIL 6, 2011 Mr. Dill: But also what the consultant came up, excuse me... in the report was that although the existing concrete piers is satisfactory in their condition, they did a technical investigation into some soil (inaudible) which indicated that the size of the foundation was inadequate according to the current international building code. Mr. Rapozo: Correct. Mr. Dill: So that's one of the things we're going back to, to get creative there. Mr. Rapozo: And from what I understand anyway and again I'm going strictly from memory which may not be the best but I remember that a lot of these requirements can be exempt because of the historical preservation and that is what I want to make sure we get on the table from the people that actually makes those determination, so I'm hoping we can get this to the Committee. Thank you. Chair Furfaro: Mr. Dill, I want to pause for a second and ask the County Clerk a question about a date... Mr. Nakamura after we go through the preliminary budget here next week, the revisiting of the final draft of the budget is in May? Do you have a tentative date for that? Mr. Nakamura: Hang on one (1) second Mr. Chair. Chair Furfaro: Let's make sure we're trying to comply to your request for the four (4) weeks and making sure that if we make a budget adjustment, we don't miss the May date. Mr. Nakamura: Council Chair, Peter Nakamura County Clerk for the record. The Mayor's budget modifications are due on May 6 into the Council and then budget decision making for the Council, for the Committee of the Whole starts Monday the 9 and Tuesday the 10. The date that Mr. Dill is asking for a deferral to would be around... I'm trying to get a read from Mr. Dill. Chair Furfaro: Let me just recap that for you Mr. Dill... the modified budget is due to the Council on May 6, we then have the Council review on 9 and 10 of May, can you be able to report back to us before the 61h? Mr. Nakamura: We have... Council Chair we have a scheduled Council Meeting Wednesday May 4. Chair Furfaro: Which would make it Wednesday May 4th9 Mr. Dill: May 5th? Well the commitment... Mr. Nakamura: _ . The Committee Me . eting prior to the report of the Council would be April 27th Council Chair. Chair Furfaro: Okay. COUNCIL MEETING APRIL 6, 2011 Mr. Dill: At the meeting last Thursday, the commitment the Mayor made was May 5th that they would get back to the community. Chair Furfaro: Okay. I just want to share the schedule here. Mr. Dill: Yeah. Chair Furfaro: We have for the full Council to vote on something for the budget process in the May forecast, our deadline would be to hear from you in the Council Meeting of May 4th for the whole body. Mr. Dill: Okay. Chair Furfaro: To actually get ourselves to a point that Mr. Rapozo would like to have a week before that to have discussion with the Committee, the Parks Committee, we would need to hear from you by April 27th that's the dilemma and on the dilemma note, we'll take a five (5) minute recess. There being no objections, the Council recess at 10:06 a.m. The Council reconvened at 10:22 a.m., and proceeded as follows: Chair Furfaro: Larry as you know I asked for a recess for the purpose of letting you have some discussion about the dates here and possible alternatives as it fits with the budget and on that note I'm going to turn the floor over to Council Vice Chair Yukimura and then let Councilmember Rapozo share his comments on what they would like to present. The floor is yours Councilwoman. Ms. Yukimura: Mr. Chair, I think Mr. Dill has a response from the Administration in terms of the timetable and I understand Councilmember Rapozo's concern which is my concern to is about whether the ADA issue will be... you expect to address this ADA issue during the next thirty (30) days or the... within your time table so that they'll have some clear answers about the ADA requirements by the time the report comes back. So perhaps Mr. Dill you could respond back in terms of what you'd like to see this the timetable work for us. Mr. Castillo: Excuse me, Council Chair? Chair Furfaro: Yes. Mr. Castillo: Al Castillo, County Attorney. In source to our community on balance here is the ADA issue maybe a... well not maybe... it is a legal one so before discussion on the ADA liabilities or obligations of the county, it's my opinion that because it's a legal issue, it should be aired in Executive Session. Chair Furfaro: Okay. Thank you for that caution, Mr. Dill you heard the comments from the County Attorney but let me rephrase the question in very simple terms... here's a calendar I want you to consider May 5th the Mayor has pledged to the community in Hanamd'ulu to give them a report, is that correct? Mr. Dill: That's correct. 8 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: Could you have a report for the County Council on May 6th? Mr. Dill: Yes. Chair Furfaro: Okay. Can we... and using... and I need the Clerk for this response... can we find ourselves coming to some kind of understanding on May 11 on what action we would take before the final budget? (Inaudible) Chair Furfaro: But that would be in the Committee Meeting, in between the budget week. Ms. Yukimura: Oh. Chair Furfaro: Okay... Mr. Dill: (inaudible) BC: Check your mic. Mr. Dill: We can certainly come back at a Committee Meeting May 11th and we can update at that time and basically let you know the results of our studies and whatever cost we understand to be the case in the result of those studies at that time. Ms. Yukimura: Mr. Chair. Chair Furfaro: One moment Councilwoman. So if I was to schedule a additional portion for you to report back to the Council during budget decision making on May 9th, would that be possible? Mr. Dill: Ms. Yukimura: I... Chair Furfaro: That's after... Mr. Dill: I... Chair Furfaro: Hold on... Mr. Dill: I suppose. Chair Furfaro: That is after your meeting with the community. Mr. Dill: Okay. I suppose so, yes. Chair Furfaro: Okay. Let us tentatively plan to do that and if there's issues after the 9th in that Special Meeting we will then have it on the 11th 9 COUNCIL MEETING APRIL 6, 2011 as a follow up but plan on a Special Meeting on the 91h when we're in decision making. Now Vice Chair Yukimura, I'll recognize you. Ms. Yukimura: I just wanted to confirm what Mr. Dill told me previously that there was already a line item in the budget right now for the Kapaia Swinging Bridge with a hundred and nine million... I mean a hundred and nine thousand dollars I'm sorry... a hundred and four. Mr. Dill: of my head. I don't know what the number is off the top Ms. Yukimura: Oh okay. But there's something in that amount right now. Mr. Dill: Right. Ms. Yukimura: So it is a budget item already in the Mayor's budget and with the Chair's guidance we will be able to discuss the issue with you folks on the 9th while we're in budget decision making. Chair Furfaro: That's correct. Ms. Yukimura: Yeah. Okay. Councilmember Rapozo. Mr. Rapozo: I guess I should have made my request clearer. I wanted the opportunity in the Committee because the public can participate. Chair Furfaro: Yes. Mr. Rapozo: In the decision making there is no public participation and you know I'm not as concerned about the budget issue because we can revisit that at any time, my concern is and I would expect the answers prior to the Committee Meeting or whatever you guys are going to... the decision making but the question about the funds I think is my priority right now. I want to know what happened to the original two hundred and how come it's down to one hundred and somewhat... from the looks of it only spend forty thousand... or eighty -nine thousand for a study and there's another line item that. disappeared. The other issue is the ADA issue and with all due respect to the County Attorney I think the exemptions under the ADA law is not a legal issue, it's public record... it's a public law and as it pertains to this bridge, I can understand that. I can understand that there may be some legal exposure but as far as just the basic, what exempts a project from the ADA law I think that's here... that's not in Executive Session, that's what I'm looking for because that's what I had met with them specifically. I'll just say that prior to that meeting whether it's on the 9th or whenever it is, I'll have another meeting with ADA in Honolulu, I will... and I'll get it from them so we don't have to do it in the Committee, that's fine. And I'll address the specific Kapaia Bridge Project as well because I would assume after hearing that meeting that you folks have been in contact with them so they're quite familiar with this project, right? Mr. Dill: Our Attorneys are pursuing that issue with them, yes. 10 COUNCIL MEETING APRIL 6, 2011 Mr. Rapozo: Not the Attorneys, I mean is the ADA Office in Honolulu... are they familiar with the plan and the structure and the blue prints and all of that with this project? Mr. Dill: That, I don't know. Mr. Rapozo: Well that's the impression I got from the meeting... Mr. Dill: Okay. Mr. Rapozo: The ADA Office in Honolulu basically said we got to do all these improvements that's going to cost four million dollars, that's what the public got that night because I sat there as a... although I was a Councilmember, I didn't speak as you know... I did not speak, I sat there to listen and what I heard was after discussing with all the parties involved with ADA and all the different agencies, if we are to restore this bridge because of the designation that the community went out and got, it's going to cost us four million dollars and the Mayor said we are not going to go there. So it's between four million dollars tearing down the bridge, somewhere in the middle is where we need to come down to. Mr. Dill: I apologize I misunderstood your question. Our architects and engineers did design the structures and the access to ADA standards and that's part of that four million dollar cost. Mr. Rapozo: But did we explore the exemptions that are available because of the designation of the historical site? Mr. Dill: No, not as part of that study. Mr. Rapozo: And that is why I want them here because what the public heard is that you did and what the public heard is that it's going to cost... and I'll be first to admit I would not support four million dollars in today's budget to fix a bridge but I don't think it will take four million dollars to restore that bridge, at least to preserve it in a state where we can move forward and eventually restore it fully, of course not, four million dollars for right now in this economic times but I also don't think we should tear it down. I honestly believe and I will support as hard as I can, we need to at least get in there and preserve what's left so it doesn't fall into the stream. Mr. Dill: I agree. Mr. Rapozo: And that doesn't cost four million dollars. h is k?�ixd of.:wb.at I'm looking-at i.t's_ the choice of:this Counc_r_l- go- -ann do this in decision making; we can do "that and I'll go and pursue my oven question`s on my own. Thank you. Chair Furfaro: . Councilwoman Yukimura. Ms. Yukimura: I just wanted to ask my question again the Administration does intend to explore and determine what kind of ADA exemptions 11 COUNCIL MEETING APRIL 6, 2011 are possible for historic properties and have a report back on that issue by the 5th as part of the report? Mr. Dill: Yes we do intend to explore that by the 5th Ms. Yukimura: And have some answers by the 5th? Mr. Dill: Yes. Ms. Yukimura: Okay, thank you very much. Chair Furfaro: Let me summarize this real quick Larry, I'll take it from here... on April 27th for the benefit of the staff and the Committee, I think it will be very appropriate to have the item show up again so that you can at least answer Mr. Rapozo's questions about the reconciliation of the fee spent so far, okay ?. Those are also questions that you should be prepared about the ADA expectations to meet any historical standards and what can be exempted from that, so that's for April 27th in Committee. We are going to honor the request from the Mayor to let him have his meeting with the community on May 5th first, we will get an opportunity to look at the final report at the Council on May 61h and anticipate a special schedule in front of the Council when we have some of these items answered and before we get into decision making on the budget for a Special morning meeting on May 9th. That is what we're looking at. And again the May 9th date for those of you from Hanamd'ulu and the Preservation Group on the bridge, you know May 9th is there as an "if needed" meeting. We first have to address Mr. Rapozo's questions in Committee in reconciliation of the moneys and the review of some of the contract services. Mr. Dill: Okay. Chair Furfaro: Does that meet with your? Mr. Dill: Yes it does, we can do this. Chair Furfaro: Thank you. On that note, I'm going to ask to continue to suspend the rules and ask anybody in the public if they want to speak on this item. Mr. Mickens right up. GLENN MICKENS: Thank you Jay, for the record Glenn Mickens. I do hope that this is not deja vu like the Olehena Bridge fiasco. Larry said about a four million dollar estimate, as you remembered I was present at the Olohena Bridge construction, that bridge could have been built for well under a million dollars and yet it cost us 4.8 million dollars. The Kilauea Bridge cost 12.3 million and could have also been built for under a million dollars so hopefully this Swinging Bridge has had all estimates fully explored to see that tax money is not wasted again. I'm not that familiar with swinging bridges but I just want the project to be completed as economically as possible and I do appreciate Mel's question because I think the details are going to have to be open to the public and so far we haven't heard that, so anyway it's my opinion about the... Chair Furfaro: You're welcome to come back on the 27th on which time some of the details that haven't been released to the public, the administration indicates there might be a earlier date than what you're saying in 12 COUNCIL MEETING APRIL 6, 2011 your testimony, they're shooting for that on May 5th but they will be reconciling the cost spent earlier and I hope that answers your question. Mr. Mickens: That's on the 27th Jay? Chair Furfaro: 27th yes. Mr. Mickens: That's a Council Meeting, Committee Meeting? Chair Furfaro: Committee Meeting. Mr. Mickens: Chair Furfaro: Mr. Mickens: Chair Furfaro: thought you were going to be here. Mr. Rapozo: Mr. Mickens: be here. Committee Meeting, okay. Parks Committee. Thank you very much. Glenn, Mr. Rapozo wanted to know if you Are you going to be here? Yes. As long as there's not a ball game, I'll Mr. Rapozo: Just checking to make sure because... okay. Chair Furfaro: Anyone else want to speak on this item? If not, I'm going to call the meeting back to order. There being no one else to speak on this matter, the meeting was called back to order, and proceeded as follows: Chair Furfaro: to Committee for the 27th. Mr. Nakamura: Chair Furfaro: Mr. Nakamura: date. I guess our first motion will be to refer this Council Chair, we have a motion... Oh we do have that motion... From Councilmember Rapozo but with no Mr. Rapozo moved to refer C 2011 -75 to the Finance/Parks & Recreation/Public . -for the April 27 2011,- Iseesne lry__. War eg-s, -m-s_ Committee - eeting'�.. _.... :... Mr: Ching. Chair Furfaro: Ms. Yukimura: Chair Furfaro: Any discussion? Yes Mr. Chair. Go ahead Councilwoman. 13 COUNCIL MEETING APRIL 6, 2011 Ms. Yukimura: So the intention is that before... oh this is for the purpose perhaps... Chair Furfaro: This is for the purpose to reconcile funds expended earlier and some questions about the actual repair and maintenance process but it's not the final report. Ms. Yukimura: I see, okay. Chair Furfaro: The final report will come to us on May 6th. Ms. Yukimura: Alright, thank you. Chair Furfaro: Okay. The motion to refer to Finance/Parks & Recreation/Public Works Programs Committee was then put, and unanimously carried. Chair Furfaro: Mr. Dill, I understand you need to leave and the next item is going to be a deferred item but I will in fact take public testimony but you're not needed to be here on a deferral. Okay. Mr. Clerk can you read the next item? Mr. Nakamura: Council Chair, we're on communication C 2011 -76. C 2011 -76 Communication (02/16/2011) from Council Chair Furfaro, requesting the Administration's presence to provide the Council with an update on the County's Island wide Road Resurfacing Program. Mr. Nakamura: And we are in receipt of a communication of Mr. Dill. Chair Furfaro: Okay. Before I defer, is there anyone that wants to speak on this item? Mr. Mickens come right on up. Mr. Mickens: Thank you again Jay, for the record Glenn Mickens and you have a copy of my testimony let me reading it for the viewing public. Chair Furfaro: Go right ahead. Mr. Mickens: First I want to thank Ed Renaud and his crew for checking out our roads that need repaving. I ran into him on my daily four (4) mile walk in the Homesteads and it was good to see him compiling work to be done. It appears that Public Works is determined to implement this MicroPaver management system... I'm sorry Larry can't be here. Chair Furfaro: He had another appointment. Mr. Mickens: I understand that Jay... I have no problem with Larry using this system but as one of my previous questions asked, where are 14 COUNCIL MEETING APRIL 6, 2011 we going to get the road by road, mile by mile report on current conditions and past maintenance to feed into this program? If the information is bad or incomplete then the computer certainly cannot tell us what has to be done. As I said before, we certainly should have records showing compiled data on when any road was last resurfaced and what shape it is in now. But if that information is not available someone certainly has not done their job. And it just means that Larry and his crew have a monumental job to do resurrecting years of work not being done by code, including drilling core holes to see if proper sub -base has been put down. Remember that we have 300 miles of roads to physically look at and that task will not be easy. This current 09 -10 resurfacing list has 83 roads on it to be repaved and I still want to know who picked them and why they were picked. Kahuna Road is on that list and it is a short road with little traffic. On the other hand Olohena Road is an artery and it goes from the round -a -bout to upper Waipouli Road about 5 miles or more. Parts of it haven't been paved in over 20 years and it's in terrible shape. One section has a spring under the road that we keep paving over and within a year water seeps through; the pot holes are ever present. Someone even put up a sign by that section of road saying potholes ahead... I don't know if that was the County who did that or a private individual. A letter to the Forum said why don't we fix the problem and take down the sign. Another section of Olohena Road from the middle school up or down to the round -a -bout has had pot holes in for a long time and the cold mix patches only make the road worse to drive on. In this 09 -10 resurfacing schedule you have about 5.5 million dollars to pave 22 miles or roads... $250 thousand per mile, roughly. Is that paving using HAPI standards, proper sub -base, cold planing the bad sections of the road, and using the leveling course before putting down the final 1 % inches or more of ac? With the price of oil skyrocketing the price of repaving will undoubtedly go up which means Larry's budget will have to be much greater than it is now. I just hope that this Council and our Administration wants to see the conditions of our roads greatly improved and gives our new Engineer the manpower, the tools and the money he needs to make this a reality. Again, I want to thank Jay for keeping this issue on the agenda and helping to get this long ongoing problem solved. Let us not waste millions more of tax dollars the way we have in the past. Jay, I really do appreciate your diligence in trying to get to the bottom of this, you keep it on the agenda... it just dropped off for so long and nobody wanted to touch it... Mr. Nakamura: Three (3) minutes Mr. Chair. Mr. Mickens: Councilmembers or anyone else so hopefully and I have all due respect for Larry. You say you know him very personally Jay and he came from the private sector and I hope that... but again his job here... undoing so many years of wrongdoing is going to be so monumental that I don't know, I have a lot of sympathy for him for what he's going to try to do. He's going to 15 COUNCIL MEETING APRIL 6, 2011 need manpower and you know as you so well know Jay, it's going to take money. I'm not sure with the budget where this money is going to come from at this stage of the game but it's monumental. Chair Furfaro: Okay I will share with you... we'll raise some of those questions for April 20th... Mr. Mickens: April 20th? Chair Furfaro: April 20th, that's the request from Mr. Dill for the deferral and I'm sure it has to do with his willingness to review many of the things that you implied that needed to be reviewed through a due diligence process, so April 20th is when we're going to defer to. Mr. Mickens: Committee... Chair Furfaro: Does anybody have any questions for Mr. Mickens? Mr. Mickens: Is that a Committee Meeting? Chair Furfaro: It will be a Council Meeting. Mr. Mickens: Council. Chair Furfaro: Any questions for Mr. Mickens? Go right ahead. Ms. Nakamura: Thank you. I think one of the questions that we ask as a follow up from previous meetings was what is your implementation time table and what are your resources that you're going to need to use this new system and make it work for us. So it ties in with the questions you raised and we're all looking for those answers. Mr. Mickens: And again that is the basis of everything but the big question here is where the money is going to come from because it's going to take... you. you... Chair Furfaro: Mr. Mickens: Chair Furfaro: Mr. Mickens: Chair Furfaro: the same courtesy. Excuse me Glenn, she posed no question to Okay, okay. I understand. You had your time and I don't want to give Yeah. Because then it leads to someone else having Mr. Mickens: Right. 16 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: We'll wait till April 20th and we'll have those answers for you. Mr. Mickens: I'll be here. Thank you Jay. There being no one else to speak on this matter, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Did we make a motion to defer? Mr. Rapozo moved to defer C 2011 -76, seconded by Mr. Chang, and unanimously carried. Chair Furfaro: Next item Mr. Clerk. Mr. Nakamura: Next matter Mr. Chair is communication C 2011 -96. C 2011 -96 Communication (03/15/2011) from Theresita Kinnaman, Chairperson, Kauai Open Space Commission, transmitting for Council information the Commission's 2010 Report to the County in conformance with the requirements of Ordinance No. 812. Chair Furfaro: Yes Mr. Rapozo. Mr. Rapozo: I have a procedural question. I know we started at 8:30 today, was that captioned... Chair Furfaro: I believe it was... Mr. Rapozo: Maybe we should take a caption because the next presentation will take us right into the 11:00 caption break, if that's okay? Chair Furfaro: Okay I'll move on the action you recommended while the Committee gets organized, we're going to take a ten (10) minute caption break so we can go uninterrupted or no break in the meeting. There being no objections, the Council recessed at 10:44 a.m. The Council reconvened at 10:56 a.m., and proceeded as follows: Chair Furfaro: I want to welcome and recognize the Commissioners for our Open Space Committee, thank you for being here. I'm going to go ahead and suspend the rules and give you the floor for your presentation. There being- no-obieelions. the rules were-susve- rde- ; -- -__. Chair Furfaro: Please don't forget to introduce yourself when we give you the mic. Go right ahead. THERESITA KINNAMAN: Aloha Council Chair, mahalo for the introduction. I'm Tessie Kinnaman, Chair of the Public Access, Open Space and Natural Resources Preservation Commission. We're here to present our annual 17 COUNCIL MEETING APRIL 6, 2011 report, the 2010 report and with me seated next to me are Jean Souza and Maurice Nakahara and also we have who are not present Linda Delacruz and Johanna Ventura. I'd like to recognize our staff Planner Nani Sadora and our Clerk Duke Nakamatsu and mahalo to the County Attorney's Office for having Ian Jung serve as our Deputy Attorney to counsel us at our meetings. I'd like to start the meeting with the fund which was established in 2002 by County Charter amendment and it receives a minimum of one -half of one percent of Kaua`i's annual certified Real Property Taxes and it accumulates, it neither lapses nor can be utilized for other purposes and no more than five percent (5 %) are used for Administrative purposes. The purpose of the fund... there are eight (8) purposes for the use of the fund. The first one is outdoor recreation and education including accesses to beaches and mountains. Two (2) is preserving cultural and historic sites. Three (3) protecting habitats and ecosystems. Four (4) preserving forests, beaches and coastal areas and agricultural lands. Five (5) protecting watershed lands. Six (6) conserving land to reduce erosion and runoff. Seven (7) improving access to public land and open space and eight (8) acquiring access to public land and open space. As of the balance for the fiscal year 2010 -2011 is one point six, two (1.62) million. JEAN SOUZA: Good morning. Commissioner Jean Souza. The Commission has been working on several areas, I will highlight three (3) of them today. The Commission celebrates with the County Council the efforts of many that has resulted in the recent acquisition of a beachfront property along Hanalei Bay for the expansion of the County's Black Pot Beach Park. This acquisition is significant as it is the first to be funded in part by the Open Space Fund. This project is also significant in showing how funds from many different sources can be coordinated to implement a project that no single agency or program could afford to do alone. The cooperation, coordination, persistence, strategizing and encourage on the part of many people on Kauai and elsewhere to work on the project towards completion these many years is inspirational and rewarding. The second thing that I would like to highlight is a potential amendment to the law that pertains to this Commission and the Open Space Fund. The potential amendments are aimed at better aligning the authorities provided by the county law with the County Council's intentions and expectations and the County Administration and Commission, and the public's expectations and needs. The third area I'd like to mention is that the Commission has not convened a full complement of Commissioners since 2009. Of the nine (9) Commission positions available on this Commission, there are currently only five (5) seated members, just enough for quorum. Currently there are four (4) vacancies, including the Mayoral appointment for Liihu`e, Hanamd'ulu. A Mayoral appointment for Kapa`a- Wailua and the County Council's appointment for Anahola and Haena. The Commission has the responsibility of appointing one (1) At -Large position, but all other eight (8) positions must be seated before the Commission can appoint the ninth (9th) member. I would like to address now our public input process in coming up with the priority recommendations that we have submitted to you today. The Commission is required annually to solicit public input. We have regular Commission meetings that offer opportunities for public comment, and we normally meet twice a month. We also conducted a fieldtrip in March of 2010 to the area between `Aliomanu and 18 COUNCIL MEETING APRIL 6, 2011 Princeville. In addition, we conducted our annual public survey during a five (5) week period, I think it was during the summer months, July through August, and in addition that survey was distributed throughout the island at all public libraries, and Neighborhood Centers. Articles and paid advertisement appeared in the Garden Island Newspaper featuring the survey and an online version was available at the County's website. We also tried some new things to generate interest and encourage people to do the survey. Several radio interviews with Open Space Commission program staff on the local radio station promoted participation in the survey. We also, the Commissioners and staff, did brief presentations at meetings of established community and neighborhood associations in the Hanalei - Kilauea and Wailua- Kapa`a and K61oa areas. The Commissioners and staff offered presentations and paper surveys to encourage participation. Another new thing we did was the Commission members appeared on the Mayor's show to promote the survey. The Commission received a total of one hundred and fifty -seven completed surveys. Forty -five (45) places on Kauai were suggested for acquisition. The most frequently suggested sites are or were, the proposed Piwai Recreation area near Omao in the Koloa District, the Kapaia Swinging Bridge in the Lihu`e District, Secret Beach three (3), Kauapea Beach in the Hanalei District and Mahaulepu in the K61oa District. MAURICE NAKAHAR.A: Aloha, Maurice Nakahara, Commissioner. The Open Space Commission recommends the acquisition of the fee interest or the other property rights of the following property utilizing the Open Space Fund. The properties are and they are not in priority order: • Kaneiolouma Heiau Complex Preservation Area Expansion (South), also known as Nukumoi Surf Shop Property (Koloa District) • Po`ipu Beach Park Expansion (West) at 2179 Hoone Road and also access to the Kukui`ula Bay through former Hoban Property (Koloa District) • Proposed Piwai (Omao) Recreation Area (Koloa District) • Restoration and Expansion of Shoreline Access, Lawa`i Kai to Port Allen (K61oa District) • Salt Pond Beach Park Expansion (Mauka and West) and Buffer area for protection of Hanapepe Salt Pans (Waimea District) In the Kaneiolouma Heiau Complex the main points are that the parcel's, zoning is Open Space special treatment, cultural and to acquire property interest to expand efforts to restore, interpretation, education, and protect its cultural values. The county also owns adjacent property to this area. As noted by the pointer, you notice it's located right near Brennecke's Beach Restaurant. The second parcel in the Po`ipu area is on Hoone Road, it's privately owned and it's listed for five point four (5 4) million-- ��re- pnrcel.:?s t�e:last::unde�?`e�age-cl beac opt p.aarcel a jacezat�e------ ---- Po'ipu Beach Park and this Beach Park is the"' most important Beach Park on the Southside of Kauai. Access to the Kukui`ula Bay through the former Hoban Property... the existing County of Kauai drainage easement of this location was traditionally used by local residents to access the shoreline, but the property owner now prohibits access. There are special conditions to the easement through zoning designation of Kukui`ula presently and there are money's available at this time. 19 COUNCIL MEETING APRIL 6, 2011 The proposed Piwai recreational area, the property is currently used as a recreational vehicle track with motorcycle, all- terrain vehicle and motorbike and mountain bikes. The acquisition of this land will allow recreational uses to continue in a safe and environmentally compatible manner with steward's opportunities. The restoration expansion of Shoreline Access from Lawa`i Kai to Port Allen... basically this public shoreline access, we're looking for public shoreline access along coastline that has become increasingly restricted by the landowner including a position of a four (4) month long, no -public entry period every year because of coffee harvesting. Salt Pond Beach Park Expansion, there's an opportunity for the County to seek an executive order to transfer a portion of State Lands to the County of Kauai for public recreational and cultural preservation purposes. Expansion mauka and Westside will allow reposition of uses in the area to improve protection and establishment of buffers for the significant salt pans. Chair Furfaro: We'll get the lights back on and I'll ask members to come back to the table. Before I go any further, I want to make sure that I understand two (2) of your vacancies on the Commission are to be appointed by the Mayor, am I correct? One (1) is appointed by you, Commissioners yourself, and the Council's vacancy is the one that was just vacated by Linda Sprout, stepping down after reevaluating her personal schedule. I do want you to know that I sent a communication to the Kilauea Neighborhood Association asking them at their next meeting to possibly identify some candidates. Has the Commission sent information to the Mayor about those other two (2) vacancies or would you like that to come from the Council? Ms. Kinnaman: The Mayor is aware of it. We had John Isobe come a couple of times. Chair Furfaro: He is aware. And there's nothing that prevents you from identifying an additional Commissioner in your rules as it relates to five (5) of you selecting one Commissioner, is there anything that prevents you from moving forward on that? Ms. Souza: Yes. The County law prohibits us currently from appointing the ninth (9th) member until all other... Chair Furfaro: All eight (8) of you... Ms. Souza: ... eight (8) are seated. Chair Furfaro: Okay. Ms. Souza: Yes. Chair Furfaro: Now I just wanted to reconfirm that for the purpose because some of the members of the Administration being in the audience, also someone from the legal department that represents you, we need you to communicate that and I just wanted to make sure you understood that we are moving and soliciting names from Kilauea for Linda's replacement. And we will broaden that to include the Anahola Hawaiian Homes Group. 20 COUNCIL MEETING APRIL 6, 2011 Ms. Souza: Well I believe Linda wasn't sworn in. Chair Furfaro: No she was not. Ms. Souza: Although you did select her, she had to decline. Chair Furfaro: We understand that, she wasn't sworn in but three (3) weeks ago she was our selection. Ms. Souza: Great. Chair Furfaro: You know we understand for personal reasons she's stepping back but we started the process again. Ms. Souza: Yes. Chair Furfaro: And we will stay very focused on that. Ms. Souza: You know we have had this item on the agenda for each meeting, the status of filling of vacancies for the last year at least. So our staff is in constant communication with your staff on the status on that vacancy as well as the Administration staff and we have had John Isobe speak, address us recently a couple of times already. Chair Furfaro: So we're... Ms. Souza: I think we'd like to this opportunity to the public. Chair Furfaro: We understand your urgency but Linda was secured after there were many candidates that we went through our process with and she could have been and would have been and still is a wonderful asset but we've started the process again and we have made contact with at least one (1) homeowners group on the North shore because that is a North shore seat. Ms. Souza: That's correct. Chair Furfaro: Where do you stand with the Mayor? What communications have occurred recently with the Mayor's Office now that there are two (2) vacancies there? Ms. Souza: They actually have pursued some folks and actually had received commitments from some folks but at the last minute they declined., Chair Furfaro: Okay. Ms. Souza: So we had a' number of near misses or... not... fillings almost but at this point they still have two (2). We have suggested names to them that we know of. 21 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: Feel free to suggest names to the Council for our one (1) vacancy and I just wanted to share with you, I know we will move urgently on identifying someone. Ms. Kinnaman: Thank you. Chair Furfaro: We got to get you to the eight (8) people before you can select the ninth (9th) is the real critical part for the Administration as well as us. Ms. Souza: And we've done all we can. We have a press release ready to go for our side once the eight (8) members are seated. So from our side, we're ready to go as soon as all eight (8) positions are filled. Thank you. Chair Furfaro: I would suggest not to wait for the eight (8) positions to be filled but get your press release out to identify candidates because it's better to have somebody waiting in the wings then to start the process again. That's only my suggestion. Ms. Souza: Well. Chair Furfaro: And I reconfirm, we're going to move urgently on identifying the Council's choice. wait. Ms. Souza: We have discussed that and have decided to Chair Furfaro: Okay, that's your choice. Ms. Souza: Because we have had, we have not operated with a full Commission since 2009 and we've been pursuing these vacancies... having these vacancies filled since then. It would be we think unfair to have people apply and then wait and wait until all are seated. As soon as the eight (8) are seated then we are ready to move. Chair Furfaro: It was my suggestion. Ms. Souza: Thank you. Chair Furfaro: I respect your decision but I have given you my opinion... we are going to move with some urgency here on our appointment. If you're going to pursue with Mr. Isobe anything with the Mayor and don't feel you need our help to let him know that we feel that it's very important to replace that seat then understood, we'll leave it in your hands. Okay presentation comments? Councilwoman Yukimura. Ms. Yukimura: Yes. Thank you very much on your work on this, it's not... it takes a lot of work and attention. I wonder if you have a copy or a draft of the proposed Charter amendment that you folks are wanting to float for consideration. Ms. Souza: Yes we have a draft. I don't know if we have a draft right now but... COUNCIL MEETING Ms. Yukimura: Ms. Souza: Planning Director to have the administration proposal to the 22 APRIL 6, 2011 Yes. But we're in communication with the Mayor look at it first and perhaps submit it as an Council. Ms. Yukimura: Okay because as you made your report I had some questions about the selection process which seems to be bogged down and wondered if nine (9) members are necessary and if you would... you think a lesser number seven (7) or five (5) would be workable? And whether you would like to have them appointed entirely by the Mayor? Because this could speed things up for you as long as it doesn't lose any benefits in terms of the public interest in abandoning the existing selection process. Because if you're going to propose a Charter amendment you might want to propose all of it at once as a... you know it was 2002 so it's been eight (8) years, nine (9) years... and you know we've had some time to work with existing framework, if you actually are finding that new amendments or changes in the structure, that's presently set by the Charter would be better then maybe you should propose it as one (1) amendment. Ms. Kinnaman: What you're asking is your ordinance, not a Charter amendment. Ms. Yukimura: Oh okay well that's even better, it's easier. Ms. Kinnaman: And our ordinance at the moment, it states that there needs to be eight (8) seated members before... Ms. Yukimura: Right. Ms. Kinnaman: The Commissioners... Ms. Yukimura: And if that's a very unwieldy process that interferes with the functioning of your Commission, I mean to not have a full board seated since 2009 is not that workable, maybe there's a better system. Ms. Kinnaman: We will have to discuss that at our meeting. Ms. Yukimura: Okay. Ms. Kinnaman: But my personal opinion I like nine (9) Commissioners, more minds to... Ms. Yukimura: Okay. I mean... yeah... you may come back and say oh keep it as it is but it's something to think about. Ms. Y of the Commission-appointed . Souza: Our proposal was to modify the wording of the timing pp ted person, so right now for the Commission to appoint the ninth (9th) member, all eight (8) have to be seated so our strategy was to rework the wording of that to allow the Commission to appoint the one (1) member at any point and not wait for eight (8) seated members. We did not propose a modification of the number of representatives or who would appoint them. We thought that was a way that we could work with it. 23 COUNCIL MEETING APRIL 6, 2011 Ms. Yukimura: Okay so your proposed amendment I thought was a realignment of the purpose of your Commission. Ms. Souza: It was. Ms. Yukimura: And that you're going to change by Charter or by ordinance... by ordinance? Ms. Souza: By ordinance. Ms. Yukimura: Okay. As long as the Charter allows you to do that and then... and if you already done a think through of what other amendments you want to propose then just disregard my comments. Ms. Souza: We've done a multi -year thing through, dare I say, four (4) years, at least. So good point but we.try to work with the nine (9) because that means there's more representation from the whole island. Ms. Yukimura: Okay, fine. Yeah. And the only other thought I had was, do you feel that now your annual setting of priorities is that in the Charter or is that in the ordinance? Chair Furfaro: answer that question? Mr. Jung do you want to come up and Ms. Yukimura: Because just to explain my question here, it's... do you feel that the priorities change that much from year to year or do you feel a biannual process would be better and then you get to work on actually making it happen instead of setting priorities every year. Chair Furfaro: Mr. Jung first restate what the current rules allow. IAN JUNG, DEPUTY COUNTY ATTORNEY: Alright, not to go into the draft ordinance that's being contemplated by the Commission right now... for the record Deputy County Attorney Ian . Jung. The ordinance itself. given there's a reference to it, I don't want to get into the details of it but it doesn't change the original purpose of the Charter. So it's not a Charter amendment, it's an ordinance. The intent of it is to expand the scope of what the Commission can do and how they look at appropriating how they can go about their business. Ms. Yukimura: Good. Mr. Jung: It doesn't change the fund aspect, it doesn't change that the Council is going to be the one ultimately who makes the call. It still serves as a Advisory Committee or Commission so technically all that remains the same, it just expands their functions and how they work with the department. Ms. Yukimura: Okay. Well my question that brought you up was whether the annual priority setting is required in the Charter or is it something that's changeable by ordinance? 24 COUNCIL MEETING APRIL 6, 2011 Mr. Jung: remained the same in the draft. Ms. Yukimura: Mr. Jung: It's changeable by Right but... ordinance but has But there's an annual recommendation. Ms. Yukimura: Okay so then... thank you very much. So then my question to the Commission is whether you think an annual priority setting is the best way to set your priority recommendations or whether biannual, that is every two (2) years would be a better functional way because... unless your priorities change dramatically year to year because it's quite a evolved process to go to the public and get all the solicitation but if that doesn't change your priorities much... I'm just wondering for efficient and effective work whether you would think about it and if you think if it's just fine... then that's fine too. Ms. Kinnaman: That would be another subject that we could take up in one of our meetings. Ms. Yukimura: I mean... especially if you're contemplating a larger role for the Commission and your priorities don't change that drastically year to year then you might want to consider doing it every two (2) years and spend your time doing your expanded role. Ms. Souza: It's so refreshing to hear you say that because we were trying to honor the original ordinance with the annual reporting to you. We did during that two (2) year... there was one (1) time where we did a report that covered two (2) years because we had some staffing shortages. Ms. Yukimura: Right. Ms. Souza: If you remember? So I think that's... from personally an excellent suggestion that I think we can consider at an upcoming Commission meeting but we haven't discussed that yet so we don't have a Commission position on it but I very much appreciate that suggestion. Yes you're right, we are looking at expanded roles and it's been frustrating for us to go annually to solicit public input and not have that much accomplished each year. Luckily this time we had some good news to report but it's been many years where we've had really nothing to report on much in terms of you know what has the fund been used for. So we very much appreciate that. Thank you. Ms. Yukimura: Well I appreciate your thoughtfulness about how to make the Commission work better and accomplish its purposes. And actually related to that is a more controversial thought because the amount of money I mean in Black Pot's case it took... what was it? 3.5 million or 3 million - -- maybe we ontt � rmatel for ,you know a f sm I}of.pro�e�ty _.... Y. ..___ .... P. but a very critical piece d' d `I think it s'et up ` a momentum and I appreciate the Administration's follow up to look at other additional parcels in which to expand Black Pot Beach Park but what I'm coming to is the amount of money that's in the fund. I think under the Charter we're allowed to even increase the percentage that's set aside by ordinance I think... we can do that so that's another if you're sending up proposed amendments to the ordinance that's another thing to consider 25 COUNCIL MEETING APRIL 6, 2011 in that I'm sure having more money would enable you perhaps to acquire the properties or protect the properties faster. Ms. Kinnaman: Previous Commission meetings and stuff we did have... that thought has really crossed our minds but the economic times and where they are now... so you know... we will eventually ask for... Ms. Yukimura: I know it's a... Ms. Kinnaman: Because what we have right now is just the minimum so it can go up higher. Ms. Yukimura: You're right about the economic times being difficult and yet it's these economic times where the price of property goes down and they're the most acquirable during these times. Alright, thank you. Chair Furfaro: Mr. Rapozo, I'll give you the floor. Mr. Rapozo: You guys meeting once a month? Twice a month? Ms. Kinnaman: Twice. Mr. Rapozo: How many meetings have you had to cancel or postpone because of quorum issues? Ms. Kinnaman: This current year... just one (1) I think but previous years we've had gone through... Mr. Rapozo: Do you have a percentage... is it like fifty percent (50 %) of the meetings get canceled because of no quorum? Ms. Souza: No. Currently we have five (5) seated members but up until last month, we had six (6)... so we had the luxury of... Mr. Rapozo: The extra. Ms. Souza: The extra. Now we just have the minimum of five (5) so if any of us cannot make it... it won't happen.. And I have to say my fellow Commissioners have been extremely dedicated to take time off from their work to make the meetings, it's been quite, quite remarkable our attendance record. But there's a possibility that our upcoming meeting will be canceled because somebody's conflicting work schedule. So we suspect that until we have more Commissioners seated that now we're vulnerable to cancel meetings. Mr. Rapozo: Obviously today we have two (2) missing. If we weren't at quorum number, we wouldn't have a meeting today and it's frustrating and I apologize and I got to be honest I didn't know that we had an appointee that was vacant... I didn't know that until right now... Chair Furfaro: It only happened two (2) weeks ago. 26 COUNCIL MEETING APRIL 6, 2011 Mr. Rapozo: I think with our Boards and Commissions Office these things shouldn't happen. We pay a lot of money to fund that office to a tune of about a eight hundred grand a year and to have vacancies... two (2) or three (3)... two (2) vacancies since 2009 is not acceptable. I guess for myself I want to know who you're recommending or suggesting... I can make a commitment right now that I will have a name for this Council to consider next month. I will go and find somebody on the North Shore that wants to sit and we'll get them on there and I need the same commitment from the Administration as well. We need to do it in a month, we need to give you folks those resources and I know for a fact there are three (3) people out there today that would love the opportunity to sit on your Commission, I know... there's probably three (3) in this room right here. It's just a matter of getting the politics out of the way and just putting the people that want to serve and get them on there. So if you can provide us with a names, we'll take one (1) of them, we'll take the North Shore name and I'll the other two (2) to the Mayor and encourage them to do it but it's got to be done. That's all I'm asking you is if you can provide us with your recommendations, I think I got enough people on the North Shore that's willing, I know already... all I got to do is ask and it'll be up to this Council to put one (1) on there and' we can only control that side of it and I will encourage that you submit the names as soon as possible. As far as the report, thank you so much. We got people here from the public that's going to testify on some of those projects and money's always an issue but I got to believe that this process is the best process right now, at least identifying what's available then putting it in this body's hands. Thank you. Ms. Souza: I would like to mention too that some of the proposals are or have been made with the idea that the fund is not adequate for all of the projects, so a couple of the proposals in this report were carryovers from prior years that would not deplete fund, in particular the Hoban the former Hoban Property as well as the Salt Pond Beach Park expansion and buffer area for the protection of the Hanapepe Salt pans are projects that could be worked on without much depletion of the fund. Chair Furfaro: Excuse me, I'm going to recognize Mr. Rapozo again but where did you recommend those projects in your priority list? Ms. Souza: This year we decided not to prioritize the projects but to put them in a geographic order. Chair Furfaro: Okay, that answers my question. Ms. Souza: So we had one, two, three, four, five, six... there were six (6) so these two are part of the six (6). Chair Furfaro: You understand where I'm coming from... it is your Commission's responsibility to prioritize for the public. Secondly I want to - - - - -- say you have 1 1 million-1 ft - - �o-ur- account. ,the account,- ft-ha-l"f pQrcentage Of -- - the real property tax, we "can change that' Councilwoman' Y ukimura said, but as we acquire the Hodge property and so forth... this Council looked for money in other sources, we took money out of the Parks Department, we earmarked money in our bond float and so forth so that's not the only source. To me you know you're the one hearing the input and I would strongly suggest you continue to prioritize because money is tough right now. On that note, I'll give the floor to Mr. Rapozo. 27 COUNCIL MEETING APRIL 6, 2011 Mr. Rapozo: Just one (1) more question... in your process is there an opportunity to explore other funding sources leveraging our County money with federal money, is that something that your Commission does or is that something that we rely on the Planning Department to do or are you just simply looking at what's available, what the parties are and what the cost is? Ms. Kinnaman: Our mandate is just to do an annual recommendations and a public input survey. Mr. Rapozo: That's fine. Ms. Kinnaman: We're working on some of the issues that you're talking about. Ms. Souza: So the proposed amendments that we are putting forth to the Administration would include expansion of our role, right? Two (2) things that we are required to do is the annual survey and the annual report to you. When you get a chance to look at the amendment to the ordinance, you'll consider whether you think that we should be looking at those things, we think that we could do that. The only thing about the Hodge property acquisition is that the Kauai Public Land Trust showed us a model of how there can be a champion in the community who can put together a package that has money from various sources so we are taking that model and we have proposed to the Planning Department that they be the champion in some instances because the Public Land Trust is not available to help with all of the projects. There can be champions elsewhere in the community who feel passionately about this, we are proposing... excuse me, the Planning Department is proposing or considering two (2) submittals to you that indicate to you what our top two (2) priorities could be. So we realize that this is, we're putting to you on a platter some six (6) things but it takes a champion to take it from being on a platter to actually implementation and actual getting it worked on and all the way to acquisition so we're working with the Planning Department now for two (2) of the projects that are on this list and as I said there might be other champions in the community that would advocate for some of these projects and they're probably here today to give you some input on that. Mr. Rapozo: I guess . my question would be is that something you'feel your Commission in its current capacity could do for the County as an additional duty to actual research opportunities out there whether it's working with the community, partnering with the community, could be all sorts of federal land grants available... I'm not familiar with them, that's not my specialty but is that something that you think you can do... Ms. Souza: Yes. Mr. Rapozo: Effectively and efficiently? Ms. Souza: Yes. Mr. Rapozo: Okay, thank you. Ms. Souza: I think it takes a lot of different people to work on it and a lot of people with different expertise. COUNCIL MEETING Mr. Rapozo: 28 And a lot of time. APRIL 6, 2011 Ms. Souza: And we're willing to do that, we just need the authorization from the County law, the ordinance to do so. Mr. Rapozo: Thank you. Ms. Souza: Thank you. Chair Furfaro: Okay. Councilwoman Yukimura, I'll give you the floor. Ms. Yukimura: As long as someone else doesn't have... Chair Furfaro: Go right ahead. Ms. Yukimura: What are the two (2) projects that the Planning Department is working on? Ms. Kinnaman: That was... Ms. Souza: We'll have to make clear that the Planning Director hasn't finalized it but at the Commission's recommendation the two (2) projects are the Hoban, the former Hoban Property and the Salt Pond Beach Park expansion and buffer area for protection of the Hanapepe Salt pans, those are the two (2) right now. Ms. Yukimura: Alright, that's good. And you're concerned about available moneys, is that what kept Mahaulepu off the list? Ms. Souza: There are many large properties that have been suggested over the years and so that one and some of the others are so large that we... yes we have not put them on the list. Ms. Kinnaman: In our report or the last appendix we have the prior years, priority recommendations from 2005 and... Ms. Yukimura: In your book, in your full report. And the large pieces are in your past recommendations, is that what you're saying? Ms. Kinnaman: Yes. It comes up all the time. Ms. Yukimura: Well that's just... that's interesting because I mean if we say what are the priorities... so maybe what you're saying is... they're not priorities for acquisition by the county but and these are I'm not sure what is - term said Y when ou loop -at �yeur -prio ity list you know 4 -o - is - thisr the county i.n - - . s of important at sition car' in terms o, acqu❑.si�aons are more feasible financially than the other big ones. I mean if somebody were to say what are the county's top priority for acquisition, we would kind of go to this list except that they don't reflect the large ones because you've been concerned about the availability of funds in this particular fund, right? 29 COUNCIL MEETING APRIL 6, 2011 Ms. Souza: Each year we spent quite a lot of time deciding what the scope of the projects are that we're going to consider on this list that we present to you. So different years we've had different strategies. In past years we've had quite an extensive list with priorities plus secondaries, just so you know that we're interested in these properties. If the opportunity arises, we wanted to let you know. As the fund amount is now smaller than it has been because of the Hodge acquisition, you know we've taken a more conservative approach; however, we have started to discuss the Commission working on a long range plan for the Commission in which properties such as that but there might be others as well too that have come up over the years can be looked at in an island wide perspective without regard to how much money is in the fund. That is still being worked on internally and it would have been great if the County had an open space planning effort but you know with the situation, the budget situation we don't anticipate that happening. At least for the things that apply to the fund we are taking our small effort to try to identify that. Ms. Yukimura: Thank you for your explanation and thank you for grappling with that issue, I mean it's really important to identify what the issues are and I can see that you have done that as a Commission and actually what you say about a long range open space plan makes a lot of sense and that maybe related in part to your enlarging your mission but it's conceivable that the county could have a long range plan that really identifies without regard to financial feasibility. What are the key priorities for open space, protection and preservation for the island and because it's long range you can do that and then every year or every two (2) years or every five (5) years even you identify a one year, two year or .five year plan that's like a... of what's feasible and then bringing in partners maybe like Kauai Public Land Trust which is now merged into the Hawaiian Islands Land Trust to do the larger pieces possibly. Chair Furfaro: Thank you. I just want to make sure I understand your position as it is this year, you've really focused based on budget issues on a much smaller acquisition list and I'm going to say to you and I'm going to confirm with the comments made by Councilwoman Yukimura, you know, please find yourself looking at these long term acquisitions. I mean we had and other agencies had an opportunity in Kealia at one (1) time to acquire a pretty much and intact Ahupuaa and yes it's off the financial list but it needs to stay on the wish list, you know? That's where I'm coming from... you know it's off the financial list but it needs to be on the wish list and so I personally appreciate all of the work you've done and I like the past formats so I don't need any feedback on that, I just wanted to share that with you and on that note I'm going to give the floor to Councilwoman Nakamura. Ms. Nakamura: Good morning Commissioners ,and thank you for being here. I just wanted to disclose that I was a former consultant to the Open Space Commission over the years and I no longer doing any consultant work but I had the opportunity to work on some early strategic planning with you and its really great to see all of the work that you've done, it's really a committed group of Commissioners. You show really the quality work product that you've produced over the years with very thoughtful comments and direction, so I really appreciate that. I also want to say that I think this is the first Commission that I have heard report back to the Council since I started and I think this is really useful and I know you're doing it because you're mandated by the Charter to do this and I think it's something that would be helpful to have other Commissions come and do this 30 COUNCIL MEETING APRIL 6, 2011 type of reporting back to 'really see your direction. I also wanted to go back to Councilwoman Yukimura's concern about the preparation of a annual list. When I look at the report that you submitted the priority recommendations of prior years, many of the projects are the same. There are repeat projects years after year, you may put it in a different level of priority but it is something that was brought up early in the process about the need of an annual report and I think at the time the Commissioners wanted to respect what was in the Charter and the ordinance but I really think... because at that time my feeling was that it was redundant and a very resource intensive process to engage the community every year knowing that we have limited resources to use so I would hope that you would look at this requirement and see if there might be a more efficient way to do that and then spend your time on some of the other issues and especially if we can expand the scope. Ms. Souza: That is so refreshing to hear because we spend minimum, half our meetings preparing for the public comments, reviewing and analyzing the public comments and then preparing this report where there's a lot of discussion and some members of the community come to talk to us so that's great. Thank you. Ms. Nakamura: And the reason why I am asking you to take a second look at that approach is because from the very beginning the unresolved public issues that are not major acquisitions, these are fixing, legal, jurisdictional and other issues regarding public access, that... we all know that it's going to take a lot of time and resources and I am very interested to see when we will be receiving the report that is listed here in your annual report that the Planning Department is working on that will update us on the status of outstanding conflicts. Also I look forward to hearing back from the Administration on the potential ordinance changes so thanks for your good work. Chair Furfaro: Do you want to give some comments on that, that's fine... if not, I'm going to go to public testimony... Ms. Kinnaman: If I may? Chair Furfaro: Yes. Ms. Kinnaman: I need to clarify on appointments, the Commission appointments, the Mayor did have two (2) candidates and one (1) was appointed but he withdrew. I just wanted to clarify... Chair Furfaro: Similar as our one (1), we had a candidate but... Ms. Kinnaman: So they did make an effort also. Chair Furfaro: W e will move with some urgency o"n that. I want to thank you for your work. I think where we're at because of your dedication, your commitment, your focus on the community needs it's now up to us to help you get to the full Commission and allow you to select that ninth (9th) Commissioner and as Mr. Rapozo indicated he's... he will be submitting some names as I shared with you, I sent a notice back to Kilauea Neighborhood Association in looking for somebody from the North Shore so I know on that one (1) we may have a name soon 31 COUNCIL MEETING APRIL 6, 2011 but I'll leave you to communicate to the Administration on the other two (2) names. So thank you very much. Ms. Souza: And I think in these hard economic times I think it's important for the public to know that our annual report is written by the Commission members and the staff helps package it but it's not like we send it out for a consultant to do, this is very much Commission driven report. Chair Furfaro: Well I appreciate the fact that you're taking on that responsibility and very you know conservatively using your five percent but we did hire you some staff... Ms. Souza: Yes we do have. Chair Furfaro: So that they can help you along with that process and they should be acknowledged as well, but you've done a very complete report for us. Thank you so much. Ms. Kinnaman: Thank you. Ms. Souza: Thank you. Chair Furfaro: I'm going to open it up for some public comments. The rules are still suspended, is there anyone that would like to report on this item? RUPERT ROWE: Aloha Councilmember, my name is Rupert Rowe. I'm the president of Hui Malama o Kaneiolouma. I'd like to bring everybody up to par, can I have the picture put up, Jean? Ms. Souza: different presentation on... Mr. Rowe: Ms. Souza: Mr. Rowe: Ms. Souza: Chair Furfaro: Mr. Rowe: (c) page one (1). Chair Furfaro: at? Mr. Rowe: appendix... Chair Furfaro: Staff indicated that they have loaded a Oh okay. But we can refer to the... Map? The page... and everybody has that. Do we have an image to present? Can we go to this page right here? Appendix Do you have a page number on where you're There's no number on here but it's right after Okay. The floor is yours Rupert. 32 COUNCIL MEETING APRIL 6, 2011 Mr. Rowe: Getting back to this complex on Po`ipu Beach Park, we sent a letter for an executive order to the Governor Linda Lingle, she has forwarded to the next person in line when she left but the paperwork was still there. We then followed up on it, the State has transferred the land to the county, it has been completed, I think so. So now the top portion that you see on this map belongs to the county, this map right here. Okay? Now getting back to Nukumoi when you have a culture site and you have a place of worship, there's an entry point and the entry point is the Nukumoi Surf Shop that is the entry point. You cannot make another entry point around any heiau to suit the modern world, you have to do it the right way and the culture way. So that's why Nukumoi has become a very important subject. We've been involved with this site, we sign the stewardship agreement with the County and we become a 501c gave us more leverage on generating revenue working with the county so the purchase of Nukumoi would be in a more soothing manner on our economical times right now. So I met with the Kauai Land Trust which is now the Kauai Counsel back last year in December and I met with the Executive Director of the Hawaiian Island Land Trust, it's Dale Bonboner and Jennifer Luck and Bill (inaudible) they suggested to... to this two (2) people to go forward and investigate how much the land would cost. They want to be involved with the county if it would be possible on joint venture, I'm trying to work something out with OHA. The site has been visited by Kam School last year and it will be visited again this year by Kam School May 31 to June 4. By doing so we will open up the place so now there's security thing that comes about on the rocks because it will be open to the general public and you all know that half of the rocks on the Southside is very critical. But through our efforts we have kind of slowed it down because we stay in the bushes, kind of sound stupid but it's the only way that you of the culture can protect what is an asset to all on the economical, spiritual and cultural. Kaneiolouma participated in the 200 year anniversary between KaumuaTi and Kamehameha at (inaudible) on the Big Island. The kahuna came from Kauai that made that heiau for Kamehameha so by doing this we have spiritually opened the door on making something that was never possible two hundred years ago possible between two (2) kingdoms. One (1) was the kingdom of government and one (1) was the kingdom of religion which was Kauai so that's why on the battlefield you cannot win unless you have the Mana in the back of you, no matter how great you are as a person. But his philosophy in life was critical because of the changes that we live in today, Kamehameha. So I'd be more than glad to answer all your questions, I think I covered everything. We are working closely with the Administration and through the Administration we do most of our contract through Mauna Kea and he gets the message to the proper people. So I'm here to answer your questions. I know lunch is around the corner, I see your eyes are looking at the clock. Any question, forward it to me. Chair Furfaro: Rupert if I arrange a posted site inspection to the Heiau, I have to check with the Legal Department but you know maybe we're at a point that the Council should actually go and visit the site and get a briefing fro -you -.Would you-be- open to-tho~t -? -=y- - - - -; Mr. Rowe: I'm retired so my time is always open. Chair Furfaro: Okay. I'm going to check with the County Attorney and we'll get back to you. I think it's time we have a site inspection. 33 COUNCIL MEETING APRIL 6, 2011 Mr. Rowe: Okay. Because we had the Land Use Commission visit the site and it became a very important thing to them on the culture end because there is no such site or anything happen in the Land Use Commission where the culture prevailed in their decision the way it ended up because there's a very important thing that Public Works is involved because there is a drainage problem on the Southside. Chair Furfaro: I Okay. I'm going to pursue the possibility of the Council actually having a site inspection. It'll take them a little while to clear it with the County Attorney. Councilwoman Yukimura. Ms. Yukimura: Yes, thank you Rupert to you who have held the vision so long and to those who are working with you on it. It's a real treasure for the island and amazing archeological site and I'm glad to see it on the list but I also glad you brought up the issue on drainage because you know how the surrounding and especially mauka properties are handled in zoning issues and planning issues will affect the protection of this site or the damage to the site. I'm trusting that that issue is going to be addressed by Planning Department as well as the LUC? Mr. Rowe: The Land Use Commission, I think their site visit was 2008, they came... because we intervene 200 or 375 acres that they wanted to rezone. Ms. Yukimura: Right. Mr. Rowe: And by doing so a question was raised on the religious part of the site that the Land Use Commission took very seriously because there is no part where a church should be desecrated by the resource that is happening on the top. Ms. Yukimura: Okay so I mean... I understood that actually that the drainage would come through this archeological site right now unless there is some other requirements of the mauka landowners and developers so I just hope that that issue is going to be addressed by the proper authorities. Mr. Rowe: Yeah, I'm working with Public Works. Ms. Yukimura: Okay. Mr. Rowe: This is a very concern and integrity of everything that is happening on the Southside. Ms. Yukimura: Right. Chair Furfaro: Maybe that can be part of our site inspection. Ms. Yukimura: That would be good and I do commend you Chair for thinking of that idea, I think that's an excellent idea that we would do a site visit as a Council. Mr. Rowe: We've been on this project for thirteen (13) years. 34 COUNCIL MEETING APRIL 6, 2011 Ms. Yukimura: I know. Mr. Rowe: And we have found every loophole on the process on how to get around problems, so right now we're in the position to go forward. By going forward we already knew that the financial end we're trying to work with OHA on some culture and we're working with KAM School, they want to make this an annual event to come to the County of Kauai and participate, so I'll leave that comments to the Parks Department. Ms. Yukimura: Right. Mr. Rowe: More than myself, I'm just the caretaker. Ms. Yukimura: I think that's a wonderful thing, it's very appropriate for OHA to get involved in this and that Kamehameha Schools is already recognizing the value of the site is really excellent. Mr. Rowe: Even a National Park recognized Kaneiolouma as we went forth with Puuokala. It was an event that the National Park never interrupted or got involved because it didn't want to be involved in the spiritual end so they let the whole cultural event take place. I have a webpage if you folks want to check our webpage, I'll spell it out for you folks it's kaneiolouma.org go under gallery and the library and then you will be brought up to date where we are today... okay? Ms. Yukimura: Thank you. Chair Furfaro: Thank you for your stewardship... I was going to say... is much appreciated and sometime after May 10 when we get through the budget we'll try to post a site inspection. Mr. Rowe: And why I'm here today is because we need to put up a security fence along the property, that's why we went after the State property is to close the top end and the sides, not to enter. So if you folks can place that on your budget, we need a security fence around the place, not chainlink now. Chair Furfaro: Mr. Rowe: Chair Furfaro: Mr. Rowe: Understood. We need a rock wall. Mahalo Rupert. You're welcome. — C�raTr Furfaro: is ,sere ~ - anyone else that wants to =isfy on this item? If not, Mr. Mickens... Mr. Mickens: Thank you Jay, for the record Glenn Mickens. I just want to sincerely thank these hardworking, dedicated people for their efforts to obtain and keep our lands in open space. For me there is nothing more important than slowing over development on Kauai and their work and the Council's obviously your appropriations of funds is the key to furthering this goal. I 35 COUNCIL MEETING APRIL 6, 2011 agree with you Councilmembers that these things have to be kept on a prioritized basis whether it's one, two, or three. If the funds aren't there, well you're going to have to move to the second or third where they have funds to be able to go out for their thing. Like you said Jay, I agree that it's going to be left on it, it can't just be eliminated. It may be extremely highly important prioritized piece of land that you're trying to obtain but again if you don't have the funds you're not going to. be able to get it. Again I appreciate these people and the work that Rupert does. Thank you. Chair Furfaro: Mr. Victorino did you want to speak? Mr. Mickens, they have a question for you, you have to come back. Mr. Mickens: Chair Furfaro: Yes. From Mr. Chang. Mr. Chang: Thank you Chair. Thank you Mr. Mickens. Earlier the Chair was mentioning that there may be three (3) possible candidates within the room and if I'm not mistaken one of the vacancies represent the Wailua- Kapa`a area, would you be interested in throwing your name in this very important Commission that you just praised? Mr. Mickens: My plate is flowing pretty good with baseball that I'm going to have to be at this afternoon and Saturdays, it's a little tough and I wouldn't want to be another absent member of these things but you know like the late Dr. Blaich, I so appreciate all his efforts but I know it's hard trying to get these people but I appreciate your offer. Chair Furfaro: Well I know you'd appreciate Mr. Chang throwing something high and inside here. Mr. Mickens: Yeah no curveballs please. Mr. Chang: Mr. Mickens: Mr. Chang: Mr. Mickens: I was the water boy. You was the water boy? Yes. Thank you Dickie. Chair Furfaro: Ron, you can come up now, your group. Ron can I have you all introduce yourself to start? RON VICTORINO: Yes. My name is Ron Victorino and I'm with Kauai Motocross Association. BERTRUM ALMEIDA: My name is Bertrum Almeida, I'm from K61oa and I'm the event coordinator for the motorcycle races. KARL RAMIREZ: I'm Karl Ramirez and I'm the President of the Garden Island Motorcycle Club. 36 COUNCIL MEETING APRIL 6, 2011 Mr. Almeida: First of all I'd like to say thank you Mr. Furfaro... Chairman Furfaro and Councilmembers for having us here today as well as the Open Space Committee for doing such a hard work and everything that you've done so far. The reason why we're here today... I'm sorry... oh okay we have a slide video. It's just going to share with you all that how many members are actually participants of off road motorcycle racing here on Kauai. In one (1) event we've had over five hundred plus riders, I'm not going to focus too much on the video itself except for the need for a recreational vehicle park, somewhere on the island, very much like on Oahu they have an area called Kahuku, I don't know if you all are familiar with the area and places on the mainland have been very successful in providing areas such as these where the areas is actually controlled and monitored and there's more regulation and it actually takes away from illegal riding on private land and on State land which is illegal and should not be done. What we're here today is to share with you the importance of... to provide an area like this, we're very fortunate actually to have this area temporary by Bill Cowen and a gentleman Norman Luson who is the caretaker... I'm sorry? And Knudsen Trust, also A &B, I'd like to mention A &B who's been very generous, you can see some of the sponsors here that have been participated and helped in making our event successful. I'd like to share with you that in the past we've had about seven (7) events and one (1) event we actually raised about a thousand dollars for a friend of ours who passed away as he was riding, he got stung by a bee, unfortunately he didn't have his epidural and we raised enough money to pay for his funeral cost, so that's just one (1) of the things we did for the community. Lately, the last thing we did was a poker run, at the end of the year we had a surplus of money that we had and we made the race for free and I'm proud to say that all three (3) motorcycle clubs and Paul Medeiros is not here right now but he represents the one down there by Wailua... Kauai Motocross Riders Associations is doing a very fine job over there. Combined we had a poker run for free, no charge at all... all they had to do is bring in can goods and we've... I think we've gone in over fifteen hundred pounds which actually took the Food Bank over the top of their goal which we were very, very proud of. And numerous moneys that were given as well. So that's the reason why we're here today and I don't want to disregard that... all the other items up for consideration Salt Pond, Kukui`ula, the Heiau is very important as well but we do feel the need for a place such as this so we can perpetuate this thing. I just want to let you know that this motorcycle club, Garden Island Motorcycle Club, it has not just started okay, this thing has been put together since 1946 and it's been going on since 1946 and we'd like to see it be perpetuated. So I'll give the mic to Ron Victorino now. Mr. Victorino: Thank you. Again we are testifying in support of the Piwai recommendation in Omao and (inaudible) said one of the important things is having a designated legal riding area for off road recreation. Like Bertrum said we had approximately 500 riders at the event last March and each event we've had large participation and right now the problem is keeping lands open and allowing a type of riding, we did reference the motor cross track down in Wail ua-which7j"he. County, owned _..facl3 t ar -type Y ) p artiq l ... riding and the large need I think. that µwe have right now is dust for 'operi recreational riding for the person that doesn't do it every week but you know families to go out and enjoy recreational riding in an area and just an open and controlled environment, safe environment for the people and again legal riding. Chair Furfaro: Thank you Ron. Are you going to speak? 37 COUNCIL MEETING APRIL 6, 2011 Mr. Almeida: May I say one last thing Mr. Furfaro? Chair Furfaro: Yes, go right ahead. Mr.: Almeida Earlier I heard you mention and you quoted... can I quote you sir? Money's important right now. I've spoken and actually consult with Dickie Chang and you know nobody really cares for taxes and tax increases you know; however, there taxes for water crafts and such. I'd just like to point out that there is absolutely zero tax that's involved for off road vehicle riders. Now for a ATV, for a dirt bike, for a mini bike... I feel that since we're using this land and everything I feel that they should be taxed and it actually could probably benefit the county and probably no more furloughs or something so it's just a suggestion, a very humble one. Chair Furfaro: Can we get the lights on? First of all thanks for drawing some parallels but let me share with you whether it is our police force issuing tickets or a grand negotiations about furloughs, what the county would like to make sure is whatever is negotiated over in Honolulu on this subject, we reserve the right to look at fees and keeping furloughs in check is long as we can. Your proposal... is there anything and have you made a presentation to the Land Trust about what your needs are? Mr.: Almeida Are you speaking about A &B? Chair Furfaro: Any Land Trust. Mr. Almeida: I'm just familiarized with that fact that we're looking for an area. Chair Furfaro: Have you made a presentation to the Open Space Commission? Mr. Almeida: We have done that sir, we have. Chair Furfaro: And were they able to identify anything on the wish list for you? Mr. Almeida: We actually have a piece of property, I don't know if it's available to share with you on the screen? Chair Furfaro: (inaudible) it is? Mr.: Almeida Yeah. Piwai recommendation if you open your page up to... Chair Furfaro: record. Mr. Almeida: K61oa District this is on page six (6). Can you tell us what piece that is just for the It's the proposed Piwai Omao recreational Chair Furfaro: Okay. 38 COUNCIL MEETING APRIL 6, 2011 Mr. Almeida: It's not only used by the motorcycle riders but also (inaudible) and I believe some hunters go up there as well. Chair Furfaro: Well I just wanted to get that on the record that you're here and you know I've... your particular club isn't on the agenda, I've allowed you additional time because there's three (3) of you here. Mr. Almeida: I appreciate that sir, thank you. Chair Furfaro: I think just for today just getting that on the record that there is recreational benefit to that acquisition is certainly been presented to the Council. Mr.: Almeida Thank you very much sir. Chair Furfaro: Mr. Rapozo has a question for you. Mr. Rapozo: Actually for all three (3). You folks are in a capacity of the different bike clubs on the island or are you here individually because I'm kind of interested in the tax proposal. Mr. Victorino: Yes, I am the president of Kauai Motocross Association and I'm actually in support of some type of permitting process if you will for off road recreational vehicles and personally I also manage a motorcycle shop here on the island and that would also help in... there's actually no registration process for off road vehicles in Hawaii or in the State actually... is something that really should be looked at like Bertrum was saying water craft is... boating, all vehicles on the street and motorcycles on the street would have an registration but as far as off road vehicles there's no tracking system if you will, so theft and sale of products... Mr. Rapozo: Do you realize tomorrow you're going to be the most hated guys on the island. Mr. Victorino: Probably but knowing that the funds could be used to open recreational areas. Mr. Rapozo: Well you know this is just like deja vu because we were here not many years ago discussing the Wailua mauka track and I'm looking in the budget and that fund is back actually down to one dollar ($1.00) so that money's gone, but I think this is an opportunity to revisit that recreational area and I think when I went down to that Wailua Track years ago it was quite impressive with the amount of families that were utilizing that facility and well I'm just hoping we can pursue that, I don't know if you had any discussion with the Administration or with Parks or... I don't know if you had that yet but it's nice to see that -segrn ent- --tITat- parcet- of land- n-- ,' ause it-gives. us that - clr -__. -. uadvantage. e of aermit fees or user fees.c� ormsa fees rI u can fund it thiougl` the P p permitting think that would be pretty interesting, it may have to be a State wide action but nonetheless I think one that would definitely generate the revenue needed to successfully run that track. Mr. Victorino: Yeah I think so. 39 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: Mr. Victorino, I need to share with you here, I was very broad in this discussion about taxes and revenues and so forth... that's not the agenda item. Mr. Victorino: That is correct. Chair Furfaro: I gave Mr. Rapozo some liberties here, you can certainly answer but we can't start engaging, that's why I gave a quick summary. Mr. Victorino: Okay, thank you. Chair Furfaro: If there's anything else you want to add before I dismiss you on the request for the Open Space, the recreational area? Mr. Victorino: No. Chair Furfaro: If not, I have a question from Councilwoman Yukimura. Ms. Yukimura: I guess the greater possibility of something happening kind of hinges on your end in mind how clear you have it, so I was just wondering what land area are you looking at? Who do you see owning it? And who do you see managing it and how do you see paying for the management of it? And you might have already touched on that but whenever we look at land acquisition and I've worked with the Kauai Public Land Trust, you kind of have to think about that end result, the end in mind. I mean if you say let's buy it for acquisition, who are you thinking would own it? Mr. Victorino: Well I guess our thoughts... the parcel is about two hundred and four acres that Piwai recreational area, the proposed area and it could be multiple uses and vision is county to own and money like you said is tough and we would have to pursue other funding options to facilitate purchase of something of that size of course. Management and operation should be like we represent two (2) clubs here and there's one more depending on the use, which organization would manage the use of the area and of course the maintenance, there should be some type of a fee to ride for the day or whatever it may be to help with the maintenance cost of the area and the upkeep. Ms. Yukimura: Okay. Mr. Victorino: I'm not sure if that answers your question? Ms. Yukimura: Is there any other place where a county is managing a large area like this for the purposes that you're talking about? Are there models elsewhere? Mr. Victorino: On the Big Island of Hawaii I believe they have four hundred (400) acres for an off riding vehicle recreational area. Ms. Yukimura: And the County owns it? Mr. Victorino: Yes. 40 COUNCIL MEETING APRIL 6, 2011 Ms. Yukimura: And manages it? Mr. Victorino: I don't believe manage but it's operated by individual organizations that utilize it. Ms. Yukimura: So is it leased through the organization... if the county owns it, is it leased to the organizations or? Mr. Victorino: exactly how it's being done? Ms. Yukimura: Chair Furfaro: that we could do some research? Mr. Victornio: Chair Furfaro: I'm not sure exactly what the... I'm not sure Okay. Do you have a location on the Big Island so I don't have it on me, I can... Is it Honokaa, is it... Mr. Victornio: Don't know exactly where but I'm not sure if it's the County or the State that owns that parcel, it may be the State operated, or State owned... property on the Big Island... Mr. Rapozo: (inaudible) the information is all in the file because we had that discussion back in 06 or... Mr. Victorino: Back when we were looking at the mauka track. As Kauai Motocross Association... Ms. Yukimura: I remember. Mr. Victorino: We did have ties with the mauka track and we are still actually involved with that process that's ongoing with Parks and Recreation. Chair Furfaro: We'll try to look that up for Councilwoman Yukimura and get a status. Ms. Yukimura: Right. Chair Furfaro: Councilwoman, you still have the floor... Ms. Yukimura: No. Chair Furfaro: Can I give'it to someone eise? Ms. Yukimura: No, I'm done with my... Chair Furfaro: Councilwoman Nakamura go right ahead. 41 COUNCIL MEETING APRIL 6, 2011 Ms. Nakamura: How many legal off road venues are there on Kauai for this type of? Mr. Victorino: There's none. The Wailua Motocross Track is the only place that people can ride legally other than their private lands. Ms. Nakamura: Oh. Mr. Ramirez: What happen was back in the 90s well before 95 before all the sugarcane... everything closed down, you never saw us because we used to be able to use all the interior and so it was pretty much just our playground and that's how come you never... Ms. Nakamura: Okay I see. I'm not sure if you're aware of the Parks master plan being updated now and I think this input is really important because they're going to be making recommendations on the types of facilities that we need going... for the next twenty (20) years and I think it's important that your input be a part of that process. Mr. Victorino: Yes we actually are a part of that process. Chair Furfaro: Thank you. I think there's no more questions at this point. I encourage you to continue to make your presentations as it looks for land acquisition even if it's for recreational purposes and keep everyone current so thank you very much. Mr. Almeida: Thank you for your time. Chair Furfaro: Is there anyone else wanting to testify? Seeing none, I'm going to call the meeting back to order. There being no one else to speak on this matter, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Mr. Chang. Mr. Chang: Is it open for comments and discussions? Chair Furfaro: Yes. Mr. Chang: Thank you. I didn't really have a question but I was just waiting for this opportunity to thank the Commissioners there. You know there's five (5) of you and if I'm not mistaken Auntie Linda DelaCruz and Johanna Ventura... you know very interesting there's vacancies for nine (9)... there's positions for nine (9) on your board and that kind of reminds me of a basketball... excuse me baseball team... party of five (5) reminds me of a basketball team or a canoe with your paddlers minus the steers person which Mr. Furfaro can do that but the point that I'm making is that you guys are so diverse with who you are and for you to get that dedication just to show up, just to be there, I know you folks realize that in order to have a quorum, you all got to show up. That's what teamwork is all about, for me not having any questions I was glad that there was a lot of discussion here because for the viewing audience whenever we talk about Board and Commission, we always thank people for their volunteerism about 42 COUNCIL MEETING APRIL 6, 2011 showing up in your jobs. We're all busy people, we're all busy, busy people so for you folks to dedicate your time and efforts, you know I hope that there are people out there that saw... Councilmember Furfaro and Rapozo said that they're going to be submitting names but there's other people out there that probably see your passion and see your drive and see what you folks do you know for all of us that I hope that people get involved. I wish Ron Victorino was here because I think there's a vacancy within the Lihu`e- Hanama`ulu area and I kind of looked at him while the discussion was going on and he kind of smiled... I don't know if that meant yes or no but these are the kind of people that I think can really get involved because not being an agenda item, I really wanted to thank them also because of what they do for the families and you know they cut their own trails and they talk about riding legally, that's the kinds of things that you know safety, effort thought goes into that so I just really want to take this opportunity on behalf of not only Councilmembers but residents of Kauai that understand what you folks do just to be there responsibly to make and show up for quorum. So I do want to thank you and please share our aloha out to Johanna and Auntie Linda also and thank you to all of you for your commitment. Thank you Chair. Chair Furfaro: Group I am wanting to thank the group as well but I think we need to accept this summary. Ms. Yukimura moved to receive C 2011 -96 for the record, seconded by Mr. Rapozo. Chair Furfaro: Any discussion? Ms. Yukimura: Yes Mr. Chair. Chair Furfaro: Oh go right ahead. Ms. Yukimura: I want to actually acknowledge former Senator Gary Hooser who actually introduced the far reaching Charter amendment and the Council that passed it and the public that passed it because that really set our commitment to preserving and protecting Open Space. And I want to especially thank the Commission for their dedicated and persistent efforts through very difficult circumstances at time for keeping the vision really clear and for doing the work as required under the law in such commitment and excellence. And I also want to thank the staff and the Planning Department for their support work. I just want to say that Glenn Mickens said there's nothing more important and when you look at the purpose of the fund and the work of the Commission, it's about outdoor recreation and education including access to beach and mountains, preserving cultural and historic sites, preserving habitats and eco systems, preserving forest, beaches, coastal areas and ag lands, watershed lands and acquiring and improving public access and to me Open Space is our common wealth and that's what makes life rich for all of us so you're on a really important mission. We all have kuleana with respect to it and thank you for this effort and we hope that we can follow up so that we can contin tb acquire and protect. the e i s -, -- - Chair Furfaro: Thank you. On that note we have a motion to receive this committee report. All those in favor. The motion to receive was then put, and unanimously carried. 43 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: I do want to ask that we have the Housing people here and I would like to try to get them up on the agenda here and probably go to 12:40 for lunch if we can. Just simply trying to move things along here. Could I ask the item be read as the Resolutions are farther back of the agenda? Mr. Nakamura: Council Chair if we could go to page five (5) of the Council's agenda under Resolution. First Resolution is Resolution 2011 -41. RESOLUTIONS: Resolution No. 2011 -41, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2011 ACTION PLAN (HOME INVESTMENT PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE II OF THE CRANSTON- GONZALEZ NATIONAL AFFORDABLE HOUSING ACT (PUBLIC LAW 101 -625), AS AMENDED: Ms. Yukimura moved to approve Resolution No. 2011 -41, seconded by Mr. Rapozo. There being no objections, the rules were suspended. Chair Furfaro: Councilwoman, I have a lunch appointment with IT so if I slip out I'm turning this portion of the meeting over to you. Ms. Yukimura: Okay. Chair Furfaro: Thank you Mr. Jimenez. Councilwoman Yukimura, you have the floor. Ms. Yukimura: I just wanted for the record for us to look at item (c) of the Resolution which is entitled Community Housing Development Organization (KEO) and then to be determined, a hundred fifty thousand (150,000) is being allocated to that and I was concerned a couple days ago when I looked at the agenda because it seemed very open ended so I would like our Housing Director to tell us what the intention is here. EUGENE K. JIMENEZ, HOUSING DIRECTOR: Mr. Chairman and members of the Council, my name is Eugene Jimenez, Housing Director. I just wanted to thank all of you for taking us out of order, I have my staff here and we're ready and willing to answer any questions in which you may have. In regards to the question posed by Councilmember Yukimura, I just wanted to state that these moneys, the hundred fifty thousand dollars ($150,000.00) is allocated... is planned to be allocated to the Kauai Economic Opportunity for their transitional housing program. What has happened in the past is that because the amount... usually it's for property acquisition for a transitional housing project that a hundred fifty thousand dollars ($150,000.00) would not get us far in terms of purchasing an existing housing unit or even building one, so what we have done in the past and we were able to do it is to use two (2) or three (3) years of funding until we feel that we have an adequate amount in order for us to implement transitional housing program. Also I just wanted to mention that the Kauai Economic Opportunity is only recognized CHDO on the island and so this money which comes from HUD through the State Housing Finance Development Corporation to the County is almost like reserve for a CHDO which is the Kauai Economic Opportunity. So I 44 COUNCIL MEETING APRIL 6, 2011 thank you for asking us this question and if there's any additional questions I may... I'd be more than willing to answer. Ms. Yukimura: Can you explain to everyone what a CHDO is? Mr. Jimenez: Community Housing Development Organization... CH... you know the acronym for that and it's just a group that is involved as I mentioned in transitional housing program for the homeless. The whole intent of this program is that generally speaking a family or an individual who is homeless who would get into this transitional home for no longer than two (2) years after that... after training, social services and other services provided to them, what will happen they are hopefully will move into permanent housing. Ms. Yukimura: Is it a two (2) year period or a one (1) year period. Mr. Jimenez: I think it was eighteen months... Ms. Yukimura: Twenty -four (24) months... Mr. Jimenez: Eighteen (18) to twenty -four (24). Ms. Yukimura: Yes, you're right. Alright. According to our previous discussions and I appreciate you educating me... the practice has been to accumulate the moneys and then to buy a single family house that becomes a transitional house. Mr. Jimenez: Correct. Ms. Yukimura: Right? And you put homeless people in there and then provide various services whether it's training them to how to be tenants I guess and live in a place... Mr. Jimenez: That's correct. Ms. Yukimura: ... how to get jobs, how to get childcare, etc... and then they move into permanent... Mr. Jimenez: That's correct. They would move into permanent housing, i.e., a project like Kalepa or Paanau or even into the public housing and they would have the training and the (inaudible) to live independently. Ms. Yukimura: So what we're finding is that solving the homeless problem is not just providing shelter. Mr. Jimenez: No it's riot. It's Many, many activities that come together you know in order to assist our homeless population. I just mentioned that one of the staff in the Housing Agency also sits on the Homeless Committee, it's a Statewide Committee and they're involved in coming up with options, alternatives... as to how to address the homeless problem not only on Kauai but Statewide. 45 COUNCIL MEETING APRIL 6, 2011 Ms. Yukimura: Would you know how many transitional houses we have right now? Chair Furfaro: Excuse me before you answer that I was prebooked with IT at 12:30 as we're doing some updates and I believe that we're going to get to a point that you're going to need to recuse yourself.. Ms. Nakamura: For the next item. Chair Furfaro: For the next item. So on that note, I'm going to part but the next item you're going to have to come back for, because we won't have a quorum until I get back so I'm going to turn the meeting over to you Councilwoman. Ms. Yukimura: We'll finish this item. Chair Furfaro: This item. Ms. Yukimura: You'll excuse yourself, we'll finish this item and then recess for lunch. Chair Furfaro: I And then I'll be back for the second item. I'm going to turn the meeting to you Councilwoman and I just want to reconfirm the hundred and fifty thousand dollars ($150,000.00) it's actually going to be like an accrual. Mr. Jimenez: That's correct. Chair Furfaro: Thank you. Chair Furfaro relinquished his chairmanship over to Council Vice Chair Yukimura. can... Ms. Yukimura: Let's just finish the questioning and then we Mr. Jimenez: Sure. Ms. Yukimura: So we were talking about having transition houses, do you know how many we have? Mr. Jimenez: Right now as some of you may be aware there are units located right next to the Administrative Office of Kauai Economic Opportunity. There are others... you know JoAnn, I can get back to you the specific numbers, I don't know how many units. Ms. Yukimura: Okay, alright. Mr. Jimenez: Many of you are aware that there was one at the Old Court House, Kauapo I think it's called and so... there has been a lot and this is just one (1) of our efforts in trying to address the homeless problem through various fronts. 46 COUNCIL MEETING APRIL 6, 2011 Ms. Yukimura: And you have found it successful in moving people into permanent rental housing? Mr. Jimenez: Yes. I think as mentioned previously we were quite successful, I think the figure that was stated about eighty percent (80 %) of those that went through the transitional housing program wound up in permanent housing. Ms. Yukimura: Okay. Yeah if you can submit that as a follow up. Mr. Jimenez: Sure. Ms. Yukimura: Thank you very much. Any questions? If not, thank you very much Eugene. Mr. Jimenez: Thank you. Ms. Yukimura: So as the interim presiding officer, I'd like to keep the rules suspended and see if there's anyone who wishes to testify on this matter? Mr. Jimenez: Well I just wanted to make a statement. Ms. Yukimura: Okay. Mr. Jimenez: Being that we'll be discussing the Block Grant Program, you know after this... Ms. Yukimura: Yeah. Mr. Jimenez: I'll have my staff reserve their comments until... if any questions should arise relative to the next Resolution. Ms. Yukimura: now so thank you. Mr. Jimenez: Ms. Yukimura: meeting back to order. Mr. Bynum was noted present. Yes. In fact we're not even on that item right Thank you. Anybody want to testify? If not, I'll call the There being no objections, the meeting was called back to order, and proceeded as Ms. Yukimura: I believe there's a motion on the floor. We'll take a roll call vote please? The motion for adoption of Resolution No. 2011 -41 was then put, and carried by the following vote: 47 COUNCIL MEETING APRIL 6, 2011 FOR ADOPTION: AGAINST ADOPTION: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Bynum, Chang, Nakamura, Rapozo, Yukimura TOTAL — 5, None TOTAL — 0, Furfaro. TOTAL —1, None TOTAL — 0. Ms. Yukimura: By unanimous vote, the measure is approved and we'll take a lunch break right now and be back by 1:35. There being no objections, the Council recessed at 12:36 p.m. The Council reconvened at 1:46 p.m., and proceeded as follows: Chair Furfaro: Welcome back everyone. We're going to be moving to the next Resolution but before I do I'm going to recognize Councilwoman Nakamura. Ms. Nakamura: Thank you. I just want to recuse myself from this voting on this Resolution. I am a member of the Hawaii Community Reinvestment Corporation on the Board of Directors that is receiving... recommending receipt of some funds from this CDBG programs. BC: minute? Chair Furfaro: difficulty. (Testing mics) Chair Furfaro: check on technical difficulty. Excuse me. I can stop you guys for a Surely. We're stopping for a technical We're going to take a short break while we There being no objections, the Council recessed at 1:47 p.m. The Council reconvened at 1:55 p.m., and proceeded as follows: Chair Furfaro: I'm going to call this Council Meeting of April 6 back to order after our lunch recess and I believe we're on a second Resolution from the Housing Department. Mr. Nakamura: Mr. Chair, we're on Resolution No. 2011 -42. Resolution No. 2011 -42, RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2011 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93 -383 AND 100 -242), AS AMENDED Chair Furfaro: Thank you very much. I'm going to suspend the rules and Mr. Jimenez. Ms. Nakamura: Recuse... 48 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: Before you come up, I'm going to give the floor to Councilwoman Nakamura who began before we had our technical difficulty to make an announcement. The floor is yours Nadine. Ms. Nakamura: I wanted to state on the record that I'm recusing myself from this vote because I'm a volunteer Board member on the Hawaii Community Reinvestment Corporation. So I will be leaving the room. Chair Furfaro: Thank you. I'm going to suspend the rules, Mr. Jimenez the floor is yours. Mr. Jimenez: Mr. Chairman and members of the County Council, I thank you for the opportunity to appear before you. What we have before you is a Resolution for approval with our recommendation for the funding of various programs and activities in regards to the Community Development Block Grant program. Just for your information I think this is a tremendous opportunity for me to recognize my staff who works under the program. I have with me the... Chair Furfaro: Why don't you bring them up, ask them to come up. Mr. Jimenez: Yes I will. As soon as we have some questions because they are more knowledgeable about this program than I am. I have the Block Grant Coordinator Kerrilyn Villa, she's been on the job now for three (3) months and also the Block Grant Specialist is Sharon Kelekoma and they've been doing a good job in getting this program. Kerri took over from Joann as you remember Joann Shimamoto who's been a long time employee with the Housing Agency and Kerri came into the program at the time where the whole process began so she had to really get up to speed with the program. With that, I would just like to ask if any Councilmembers have any questions of me or my staff. Chair Furfaro: Would you like us to arrange any chairs next to you so your staff can sit next to you? Mr. Jimenez: Sure. Chair Furfaro: Ed could you take care of that? Ladies. Would you ask them to introduce themselves? Mr. Jimenez: Okay. Could you please introduce yourself. Introduce yourself with your name and what your responsibilities are in regards to the Block Grant Program. KERRILYN VILLA: Aloha. Chair Furfaro Aloha. Ms. Villa: I am Kerri Villa, the CDBG program under the Kauai County Housing Agency, taking care of the Community Development Block Grant is what we do and we provide funding for agencies and organizations here on the island. The CDBG grant, should I talk about the grant? 49 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: Go right ahead. Ms. Villa: The CDBG grant has been in existence for about thirty -seven (37) years now and it receives direct funding from HUD or Housing Urban Development. Some of the annual grants that we get go out to different community agencies for public service activities, affordable housing activities, infrastructure, economic development. Chair Furfaro: Thank you very much. Ms. Villa: Thank you. Chair Furfaro: And welcome. SHARON KELEKOMA, CDBG SPECIALIST: Good afternoon, my name is Sharon Kelekoma, I'm the Community Development Block Grant specialist and I assist Kerri with all of the projects that we have currently in process and up and coming. Chair Furfaro: Thank you and thank you for being with us today. I'm sorry our schedule was pushed back but on that note I believe I'm going to recognize Council Vice Chair Yukimura. Do you have some questions? Ms. Yukimura: Yes. Thank you. Chair Furfaro: Go right ahead. Ms. Yukimura: Hi, good afternoon. We have before us a Resolution that would be authorize... allocating the CDBG moneys to various projects and groups and I wondered if you could just tell us briefly what the process was that ended up with these recommendations and then I have a couple of questions about some of the projects. Ms. Villa: The process started for the program year 2011 with fourteen (14) applicants. The total funding requested was two point five (2.5) million as you can see in the end here we have ten (10) recommended projects for a total of nine hundred and one thousand, one hundred and thirty -three dollars. Chair Furfaro: Ms. Villa: Chair Furfaro: Ms. Yukimura: projects right? Ms. Villa: public comment on March 15. Ms. Yukimura: recommendations to the Council? That was nine hundred and one thousand... One hundred and thirty -three dollars. One hundred and thirty -three dollars. And you did have a public hearing on these Yes we did. We had a public hearing for And then the staff made their 50 COUNCIL MEETING APRIL 6, 2011 Mr. Jimenez: Prior to the public hearing also we did conduct three (3) neighborhood meetings inviting private non - profits and interested entities to come... one (1) was on the Westside, Kapa`a and one (1) in Lihu`e and we did another one (1) strictly for County Agencies which were interested. This has been a real inclusive process that we've gone through, we've had comment periods and it's... there's stringent federal laws governing this program and I'm happy to announce that the staff has been on it and keeping this program on track. Chair Furfaro: Thank you. Is there anymore questions regarding this Resolution? Ms. Yukimura: I just have one (1) follow up on a specific project. Chair Furfaro: Go right ahead. Ms. Yukimura: Which is the residential rehab revolving loan fund program of seventy -five thousand, this is something that we've had for many years in the County and it might be something to advertise that low income homeowners can apply for moneys to repair their homes and it's a loan that goes back into the fund that then supplies other homeowners... Mr. Jimenez: It's a low interest loan JoAnn and I thank you for bringing that up. As a matter of fact the staff will be participating in the home show with the Contractors Association, we'll be having a booth there and specifically this booth will be offering information on the County rehabilitation loan program and also on the home buyer's loan program, so you're correct. These are low interest loans for eligible low income homeowners and as the loans are being repaid, they go back into the fund. Ms. Yukimura: So it's low cost long term loans to low and moderate income families that qualify under your guidelines. They could be used for example... this is a question I'm not sure for an elderly person that needs to make their home handicap accessible, is that correct? Okay. Chair Furfaro: Let the record show that you all nodded your head but nobody said yes. Mr. Jimenez: Chair Furfaro: Affirmative. For the record. Ms. Yukimura: Thank you. That's right and we want to be _ re d -clear about that Oka -s© - Here's that loan wluch hers - el abrlitatron or.-- _.. repairs and there's another loan program that. helps to finance low cost mortgage, mortgages... and you're going to be at the fair this weekend. Mr. Jimenez: Yes. Ms. Yukimura: Isn't that right? This weekend and people can find out about the programs? 51 COUNCIL MEETING APRIL 6, 2011 Mr. Jimenez: Yes. We'll be there for two (2) days and I might mention also as part of our outreach programs in the Housing Agency, we also will be having home... in concert with the Kauai Board of Realtors, we do an annual housing fair and what we do is we have our private non -profit groups who have which we have funded in the past and what they do is they just have their displays as to what they provide. We'll also be highlighting Fair Housing and highlighting also the County's loan programs. So that'll be in June, just for your information April is Fair Housing month and we also will be having this Friday a fair housing seminar at the Piikoi Conference room with representation from the HUD area office, Legal Aid Society of Hawaii and Civil Rights Commission to go... just to give some general information to the general public, property owners... anybody who is interested relative to the Fair Housing laws. Ms. Yukimura: Thank you. So one (1) is the fair this weekend and then there's one (1) that doesn't have a date yet but it's in June... or do you know the day? Mr. Jimenez: get back to you. But it'll be in June. Chair Furfaro: weekend... Mr. Jimenez: Chair Furfaro: Mr. Jimenez: Chair Furfaro: Association... at what location? Mr. Jimenez: Hall. Yes... June... June 7. Don't quote me... I'll Okay let's summarize this again. This This... You have Saturday and Sunday with the... Friday and Saturday. Friday and Saturday with the Contractors At the Kauai War Memorial Convention Chair Furfaro: Thank you. And then in a exact date yet to be announced in June, you have another fair with the Realtors Association. Mr. Jimenez: Correct. Chair Furfaro: And that date will be announced publically? Mr. Jimenez: Yes. In fact we're working on the announcements right now in the public service announcement. And next week Friday on the 15th is the Fair Housing Seminar. Chair Furfaro: Thank you. Ms. Yukimura: Alright. Chair Furfaro: You still have the floor. I just wanted to... 52 COUNCIL MEETING APRIL 6, 2011 Ms. Yukimura: Chair Furfaro: Ms. Yukimura: loan repair program or you this weekend? Mr. Jimenez: Ms. Yukimura: thank you very much. Thank you Chair. ... recap that. And so especially if people are interested in a a homeowners purchase loan repair, they can come and see Yes. Okay. Alright that's all the questions I have, Chair Furfaro: Thank you very much. Mr. Bynum did you have something for the Housing Agency? Mr. Bynum: Well it's more of a comment than a question but because you guys are up there... I follow this process every year and I really am appreciative of the mix that's in this year's allocations. And I haven't heard that... you know KEO for the homeless programs, Kanui Kapono for supporting local community women in need, substance abuse but it's focused really on transition... a lot of housing which I think is a good use of CDBG funds. So I really appreciate the flexibility that the Housing Agency has shown over the years and I like this mix compared with some other ones where, always been worthy projects but sometimes seem like well maybe that's the county's responsibility and the county was using a lot of the funds for some of our core needs. In my opinion in the past where the Housing Agency so much into outreach to the community and housing being such a difficult issue so I just really wanted to comment, I really like this mix and appreciate the work that Sharon and Kerri that you're doing. And Kerri, I just learned right now that Jo retired... because... well you got some shoes to fill there and I'm sure you'll do a great job. Mr. Jimenez: Thank you very much. Chair Furfaro: I want to echo our appreciation for all of Jo's work but also restate our confidence in you to move forward and without any more questions I might ask if there's some public comment and then I'll be looking for a motion to approve this. Thank you very much. Is there anyone from the audience that wishes to speak on this before I call the meeting back to order? There being no objections, the meeting was called back to order, and proceeded as follows: Mr. Bynum moved to approve Resolution No. 2011 -42, seconded by Mr. Chang. Chair Furfaro: discussion? Mr. Mr. Chang: Thank you Chairman and Vice Chair Yukimura thank you for putting this and introducing this on the agenda. Ms. Yukimura: There is one (1) more that is in favor of the whole program. This is the one that's authorizing the projects, just so you know. 53 COUNCIL MEETING APRIL 6, 2011 Mr. Chang: Oh okay. I understand. I would like to just say that you know as I look back to the year 2006, you know we had a Resolution and the Resolution happened to be at the National Community Development week and ironically that week was April 17 which is right around the corner this year but you know some of the priorities when I look at the Resolution, the first priority was actually housing and then the priorities thereafter to follow was public facilities, public service, economic development and I just recently came back from a conference in Washington D.C., and the big push was for all of us to retain our CDBG funding, the Community Development Block Grant and I actually happened to take one of these and I'm glad that I kept it because I looked through it last night and this morning but there's a really, really nice message from the President, Executive Director for NACo, National Associations of Counties. I want to share this with you because it's a great, great message but I think most importantly when you... when we went up to the Nation's capitol, it's nice to know that an organization such as NACo got together whether you were democratic, republicans... whether you're members of the tea party or what have you but the clear message was to go to our delegation to preserve many of these funding and I have a list for the public if you are interested in seeing what kinds of assistances we've had since 2005 -2010 but Councilmember, former Councilmember Kawakami and now Representative Kawakami... some of the things we really hit upon as we did last year and this year was many things that are truly dear to all of Kauai, different parts of Kauai and that would be the Kauai water infrastructure improvements, Kauai waste disposal improvements, Kauai affordable housing initiatives, sustainable energy... we've talked about the bike path from Kauai Lagoons to Anahola and of course the expansion of our bus and the list goes on and one... flood control... so this is something that is extremely important and I'm glad that we were able to get hands on with substance abuse and law enforcement, you know these are some of the things we wanted to convey to our delegation on behalf of all of us here on Kauai. I was very proud to be there. I went up on capitol hill, I think I showed you folks a picture here and I displayed this in our Nation's capitol proudly and it says save CDBG and that's... and this is a Nationwide effort from every sector out there. In addition to sharing this with you, I want you folks to have this but it talks about communities within our nation that could be about the same size or you know in population or an area of our island of Kauai just very small communities (inaudible) and it's interesting to see not only has the CDBG fundings helped our County of Kauai, our State but certainly throughout our Nation so-this is something that we are all here to help, to preserve so thank you very much Mr. Chair. Chair Furfaro: Members, I want to make sure that we all understand that the project list that's in this approval process is reflected in the Resolution itself and this will be a roll vote and Mr. Clerk may I ask you to call that roll? The motion for adoption of R4 following vote: FOR ADOPTION: AGAINST ADOPTION: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: ,,solution No. 2011 -42 was then put, and carried by the Bynum, Chang, Rapozo TOTAL — 5, Yukimura, Furfaro None TOTAL — 0, None TOTAL — 0, Nakamura TOTAL —1. 54 COUNCIL MEETING APRIL 6, 2011 Mr. Nakamura: Chair Furfaro: Five (5) ayes Mr. Chair. Councilwoman did you want something? Ms. Yukimura: I just wondered if we could also take care of the Resolution for fully funding the CDBG program while we're at it, so that... Chair Furfaro: Mr. Clerk... Well we can but I wanted to get Councilwoman Nakamura back in. then? Ms. Yukimura: Could we have the Resolution being read Chair Furfaro: I can ask the Clerk to do that. Ms. Yukimura: Thank you. Chair Furfaro: Mr. Clerk can you read the Resolution as soon as Councilwoman Nakamura comes back in. Mr. Nakamura: What I'll do is I'll go slowly Mr. Chair. Chair Furfaro: Okay. Mr. Nakamura: We're on page six (6) of the Council's agenda this would be Resolution No. 2011 -48. Resolution No. 2011 -48, RESOLUTION URGING CONGRESS AND THE ADMINISTRATION TO CONTINUE FULL FUNDING OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mr. Nakamura: So I'll be reading the text of the Resolution now Mr. Chair. Chair Furfaro: Go right ahead. Mr. Nakamura: Resolution No. 2011 -48, Resolution urging Congress and the Administration to continue full funding of the Community Development Block Grant Program. Whereas, the Community Development Block Grant (CDBG) program has as its primary objective the development of viable communities by providing decent housing, a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and, whereas the County of Kauai receives a direct allocation annually from the U.S. Department of Housing & Urban Development, CDBG program which is administered locally by the County Housing Agency to provide resources for a wrcte- arsety of . communily dev la e�rrt -act ties;-that pr n6pally ,k�e Ioyv -end moderate income persons, including the elderly and children; whereas the County Council. acknowledges that in our community and in communities throughout the nation, 37 years of Community Development Block Grant program funding has developed a strong network of relationships among Federal, State, and local government, business, non -profit and other community organizations, and that the services funded by the CDBG program rely heavily on the dedication and good will of our combined efforts. Now therefore, be it resolved by the Council of the 55 COUNCIL MEETING APRIL 6, 2011 County of Kauai, State of Hawaii that this community recognizes the valuable work of the CDBG program and its tremendous contribution to the viability of housing stock, infrastructure, public services, and economic vitality of our community. Be it further resolved that this community urges the U.S. Congress and Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant program by supporting the full funding for the program in FY 11. Be it further resolved that copies of this Resolution be conveyed to the appropriate elected and appointed officials of the Federal government. Introduced by JoAnn A. Yukimura, Council Vice Chair. Chair Furfaro: Thank you. Did you want the floor? Ms. Yukimura: Yes Mr. Chair. Ms. Yukimura moved to approve Resolution No. 2011 -48, seconded by Mr. Rapozo. Chair Furfaro: Any discussion before I call for the roll call vote on the Resolution? Councilwoman Yukimura. Ms. Yukimura: Yes. When things works oftentimes we don't notice and we tend to take them for granted and it's sort of like you don't know what you got until it's gone... This wonderful program that has been serving our community and providing funding for many good projects since 1974 is on the chopping block before Congress right now and so it's important that we express our concern and our advocacy to keep this program alive and as Councilmember Chang sited there were many over the years really wonderful projects funded by these moneys and they vary so greatly but they are all designed to help us build a better community so you have the Kapa`a- Waimea fire fighting vehicles, homeownership education and counseling, homebuyer loan program, the Waimea technology training center, Hanap6p6... Waimea flood control program, the `Ele`ele I Luna sewer line which is for habitat for humanity's I think we're funding another increment in this program. Making Kauai festivals and events accessible which is a Economic Development project, improvements... ADA improvements to our Convention Hall, KEO's emergency and transitional homeless shelter and the YMCA Kauai facility development which I think is the swimming pool that you know is very much used in it's very short life. These are just some of the examples of the projects that have been funded by CDBG moneys and so it's just important to express our concern and desire that these money's continue. I do want to thank our staff and the Housing Agency for administering these programs with both efficiency and compassion and keeping to the mission of the program. I know they're available if we have any more questions but I think we all understand the nature of the programs that are being funded. Chair Furfaro: Thank you and I agree we read the Resolution and as we all sit here, we know that there is negotiations going on in Washington where they are (inaudible) thirty -three billion dollars of a reduction so far, they're still looking for an additional percentage to get us up to sixty -one billion but obviously programs like this that are extremely important to our community need... we need to send the right message to Congress via this Resolution so thank you very much for that. If there is more dialog Mr. Bynum? Mr. Bynum: I liked to thank Councilmember Yukimura for putting this forward and thank our Housing Agency for doing such a great job 56 COUNCIL MEETING APRIL 6, 2011 for administrating this over the ten (10) years I've been aware of it. There's two (2) reasons that this federal program is so popular with local government and those reasons are flexibility and creativity. If you worked in local government, the federal government mandates a lot of things on you, you've heard the word unfunded mandates. Sometimes they say you have to do this county but they don't provide any resources to do that but for thirty -seven (37) years Community Development Block Grant has allowed local government to decide where these needs are and even on the list we have this year, the funds can often leverage other funds in the community and be the linchpin that makes a larger project happen and I see Ellen nodding her head in the back because she's been working diligently on a wonderful project for the Westside and this is one of the key elements of making that all penciled out and come together. So that flexibility is really important for us and you know Council Chair Furfaro has said right now we had an economic downturn in my opinion came largely from bad banking practices and principles and it's hurting government, it's hurting pension funds and yet when we look at how we're going to remedy that, we further hurt pension funds and local government and government workers and so... and that's why there's a nationwide push to save this thirty -seven (37) year old program that is one federal program that everybody in local government says this works. I'm thrilled to be able to support this Resolution and send it to our Legislatures to make sure we keep that flexibility and the opportunity to have creativity in our community. Chair Furfaro: Thank you Mr. Bynum. Is there anyone else that wishes to speak from the Council body before I call for the roll call vote? No? Mr. Clerk. The motion for adoption of Resolution No. 2011 -48 was then put, and carried by the following vote: FOR ADOPTION: AGAINST ADOPTION: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Mr. Nakamura: Chair Furfaro: next item. Bynum, Chang, Nakamura, Rapozo TOTAL — 6, Yukimura, Furfaro None TOTAL — 0, None TOTAL — 0, None TOTAL — 0. Six (6) ayes Mr. Chair. Thank you Mr. Clerk and we will go to the Mr. Nakamura: Mr. Chair, we're back on page two (2) of the Council's agenda on communications for receipt, first communication for receipt is C 2011 -97, followed by C 2011 -98, C 2011 -99 and finally C 2011 -100. C 2011 -97 Communication (03/16/2011) from Councilmember Nakamura, - provrd - written disclosure on the reeerd -o-f_.a possible, conflict of „inietest -a7nd I CDBG allocation), beca se she is4a Board l Member of u� action plan for ° the the Hawaii Community Reinvestment Corporation, which is designated to receive CDBG funding: Mr. Rapozo moved to receive C 2011 -97 for the record, seconded by Mr. Bynum. C 2011 -98 Communication (03/17/2011) from the Director of the Office of Economic Development, transmitting for Council consideration a $150,000.00 57 COUNCIL MEETING APRIL 6, 2011 appropriation from the surplus and appropriations estimated in the General Fund for the upcoming 2011 Kauai Marathon, which will be used for marketing, advertising, entertainment, medical services, aid station supplies, traffic control and security: Mr. Rapozo moved to receive C 2011 -98 for the record, seconded by Mr. Bynum. C 2011 -99 Communication (03/18/2011) from the Fire Chief, transmitting for Council consideration a $260,538.00 appropriation from the surplus and appropriations estimated in the General Fund to purchase three (3) prime movers (Rescue trucks) to replace the aging, unsafe and out of service vehicles at the Koloa, Lihu`e, and Hanalei Fire Stations: Mr. Rapozo moved to receive C 2011 -99 for the record, seconded by Mr. Bynum. C 2011 -100 Communication (03/18/2011) from the Mayor, transmitting for Council consideration and confirmation the following Mayoral appointees to the Police Commission for the County of Kauai: (copies of applications on file in the Clerk's Office) (See Resolution No. 2011 -46 & Resolution No. 2011 -47) (1) Bradley Chiba — partial term ending 12/31/2012 (2) Randall Francisco — 18t term ending 12/31/2013 Mr. Rapozo moved to receive C 2011 -100 for the record, seconded by Mr. Bynum. Chair Furfaro: Any discussion? Ms. Yukimura: Yes Mr. Chair. I have a concern that 2011- 99 is not appropriately noticing the actual transaction that is required here and I don't want to stop anything but I'm going to pursue a request probably to OIP. Chair Furfaro: Okay that is your option. Mr. Rapozo: A request for what? I didn't hear... Ms. Yukimura: A request for an opinion from OIP. Mr. Bynum: On which... I'm sorry which item? Chair Furfaro: 2011 -99. Mr. Bynum: Okay, thank you. Chair Furfaro: Any further discussion? If not, all those in favor? The motion to receive C 2011 -97, C 2011 -98, C 2011 -99 and C 2011 -100 for the record was then put, and unanimously carried. Chair Furfaro: Let's go to the next item Mr. Clerk. Mr. Nakamura: Next matter is a matter for approval on the bottom of page two (2), communication C 2011 -101. C 2011 -101 Communication (03/01/2011) from the Director of Housing, requesting Council approval to decline its repurchase right to buy back property 58 COUNCIL MEETING APRIL 6, 2011 identified as Unit 49 Villas at Puali, located in Puhi at 4042 Puali Place, Lihu`e, Hawaii 96766, and that the Housing Agency issue the owners a one -year waiver of the County's repurchase right effective the date of the Council's decision, thus permitting the owners to sell the unit on the open market for a period of one year: Mr. Chang moved to approve C 2011 -101, seconded by Ms. Yukimura, and unanimously carried. Mr. Nakamura: We're on page three (3) of the Council's agenda Mr. Chair on communications for receipt, we have communication C 2011- 102 and C 2011 -203. C 2011 -102 Communication (03/30/2011) from the Council Vice Chair, transmitting for Council consideration a Resolution urging Congress and the Administration to continue full funding of the Community Development Block Grant Program (CDBG): Ms. Yukimura moved to receive C 2011 -102 for the record, seconded by Mr. Chang, and unanimously carried. C 2011 -103 Communication (03/31/2011) from Council Chair Furfaro, transmitting for Council consideration a proposed bill for an ordinance to amend Chapter 23, Article 3, Section 23 -3.2 of the Kauai County Code 1987, relating to Peddlers and Concessionaires: Ms. Yukimura moved to receive C 2011 -103 for the record, seconded by Mr. Chang, and unanimously carried. Mr. Nakamura: Next matters for approval are Legal Documents, first Legal Document is attached to communication C 2011 -104. LEGAL DOCUMENTS: C 2011 -104 Communication (03/16/2011) from the Executive on Transportation, recommending Council approval of a right -of -entry agreement to allow The Kauai Bus to pick up and drop off passengers on the premises of TMK (4) 5- 2- 017:028. �Grantor) Right -of -Entry Agreement by and between Anaina Hou Land, LLC, and County of Kauai (Grantee) for a right to use a portion of its property situated at 5 -2723 Kuhi`o Highway, Kilauea, Kauai, Hawaii 96754 identified as a portion of tax map key number (4) 5 -2- 017:028 subject to terms and conditions. • Indemnification of Anaina Hou Land, LLC. Mr. Rapozo moved to approve C 2011 -104, seconded by Mr. Chang. Chair Furfaro: Is there anyone in the audience that wishes to speak on this? Alice please come right on up. There being no objections, the rules were suspended. ALICE PAPtKER: Good afternoon Council. Ali ce Parker ITi u`e and I like your note here about where to place your mouth to relation to the microphone, it really helps... I was trying to figure out the Council was doing on television and I couldn't understand a thing much... anyway... as far as this right of entry for the bus, I'm wondering how their entry is relative to the miniature golf course and Banana Joes because I have a friend who needed to take paratransit up to the Golf Course, Kilauea Seniors were having a outing there and I called and 59 COUNCIL MEETING APRIL 6, 2011 found out from Banana Joe's that they share a driveway with the Golf Course and so I gave them the Golf Course... I mean Banana Joe's... I gave Transportation, Banana Joe's street address. Now if that could be the same access that they're talking about for Anaina Hou that would be great because you don't want two (2) bus stops up there. And it's very accessible from the highway. Chair Furfaro: Thank you very much for those comments. Let's see if there's any questions? Councilwoman Yukimura. Ms. Yukimura: Not a question but I believe Alice from looking at the map which we have attached that it is just one and it looks like it's at the parking lot for the Golf Course. Ms. Parker: there. Thank you. Chair Furfaro: question, there's lots of space there. Ms. Yukimura: Chair Furfaro: on this item? Okay, that's perfect. There's lots of openness Thank you Alice. I hope that answers your Thank you for your concern. Is there anyone else that would like to speak There being no one else to speak on this item, the meeting was called back to order, and proceeded as follows: The motion to approve C 2011 -104 was then put, and unanimously carried. Chair Furfaro: Next item. Mr. Nakamura: Next matter for... next Legal Document for approval is attached to communication C 2011 -105. C 2011 -105 Communication (03/16/2011) from the County Engineer, recommending Council approval of a right -of -entry agreement for the purpose of removing soil and other materials from certain areas on TMK (4) 1 -9- 03:005 to create a path for storm water in the event of a flood, in the interest of public health and safety. • Right -of -Entry Agreement by and between McBryde Sugar Company, Limited (Grantor) and County of Kauai (Grantee) for a right to use certain properties situate, lying and being at Hanapepe, County of Kauai, affecting tax map key number (4) 1 -9 -03 -005 subject to terms and conditions. • Indemnification of McBryde Sugar Company, Limited. Mr. Chang moved to approve C 2011 -105, seconded by Mr. Rapozo, and unanimously carried. Chair Furfaro: Next item. Mr. Nakamura: Last Legal Document for approval at the bottom of page three (3) of the Council's agenda is attached to communication C 2011 -106. 60 COUNCIL MEETING APRIL 6, 2011 C 2011 -106 Communication (03/18/2011) from the Director of Parks and Recreation, recommending Council approval to secure shared -use path property and required utility easement at the Katsura's property for the Lydgate- Kapa`a Bike and Pedestrian Path Phase B project: • Purchase Agreement between the County of Kauai and the Katsura Trusts ($22,500.00) • Easement for Bike Path • Easement for Utilities • Consent for Assignment of Utility Easement to KIUC Mr. Bynum moved to approve C 2011 -106, seconded by Ms. Yukimura, and unanimously carried. Chair Furfaro: Next item please. Mr. Nakamura: Next matters are on the top of page four (4) are claims, communications C 2011 -107, C 2011 -108 and C 2011 -109. CLAIMS: C 2011 -107 Communication (04/04/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Michelle Blake for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Bynum moved to refer C 20.11 -107 to the County Attorney's Office for disposition and/or report back to the Council if necessary, seconded by Ms. Yukimura, and unanimously carried. C 2011 -108 Communication (04/04/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Robert R. Valencia for damage to his personal property, pursuant to Section 23.06, Charter of the County of Kauai: Mr: Bynum moved to refer C 2011 -108 to the County Attorney's Office for disposition and/or report back to the Council if necessary, seconded by Ms. Yukimura, and unanimously carried. C 2011 -109 Communication (04/23/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Barbara L. Bradish for medical bills and loss of income, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Bynum moved to refer C 2011 -109 to the County Attorney's Office for disposition and/or report back to the Council if necessary, seconded by Ms. Yukimura, and unanimously carried. Chair Furfaro: We'll go to Committee Reports now. Mr. Nakamura: We're on Committee Reports Mr. Chair, first Committee Report for approval from your Committee of the Whole. ... ....... ._ COMMITTEE OF THE WHOLE REPORT: A report (No. CR -COW 2011 -11) submitted by the Committee of the Whole recommending that the following be received for the record: 61 COUNCIL MEETING APRIL 6, 2011 "COW 2011 -03 Communication (3/7/2011) from the Rules Sub- committee, transmitting their Report and Proposed revisions to the Rules of the Council of the County of Kaua`i," Mr. Rapozo moved for approval of the report, seconded by Mr. Bynum, and unanimously carried. Chair Furfaro: Next item please. PLANNING COMMITTEE: A report (No. CR -PL 2011 -01) submitted by the Planning Committee, recommending that the following be received for the record: "PL- 2011 -01 Communication (3/23/2011) from Councilmember Nakamura, requesting the presence of Dr. Karl Kim, County's Important Agricultural Land Study Consultant to provide the Committee with a status report on the County of Kaua`i's Important Agricultural Land Study," Mr. Rapozo moved for approval of the report, seconded by Mr. Bynum, and unanimously carried. A report (No. CR -PL 2011 -02) submitted by the Planning Committee, recommending that the following be received for the record: "Bill No. 2376 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Shoreline Setback)," Mr. Rapozo moved for approval of the report, seconded by Mr. Bynum, and unanimously carried. (See later for Bill No. 2376.) ECONOMIC DEVELOPMENT & RENEWABLE ENERGY STRATEGIES COMMITTEE: A report (No. CR -EDR 2011 -03) submitted by the Economic Development & Renewable Energy Strategies Committee, recommending that the following be received for the record: "EDR 2011 -02 Communication (3/10/2011) from Councilmember Bynum, requesting the Administration's presence at the March 16, 2011 Committee Meeting to discuss the rules, issues and operations of the Sunshine Markets," Mr. Bynum moved for approval of the report, seconded by Mr. Rapozo, and unanimously carried. PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE 62 COUNCIL MEETING APRIL 6, 2011 A report (No. CR -PSE 2011 -04) submitted by the Public Safety & Environmental Services Committee, recommending that the following be referred to the full Council: "Bill No. 2400 - A BILL FOR AN ORDINANCE AMENDING ARTICLE 19, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PLASTIC BAG REDUCTION," Mr. Rapozo moved for approval of the report, seconded by Mr. Chang, and unanimously carried. (See later for Bill No. 2400.) A report (No. CR -PSE 2011 -05) submitted by the Public Safety & Environmental Services Committee, recommending that the following be received for the record: "PSE 2011 -02 Communication (3/23/2011) from Council Chair Furfaro, requesting agenda time during the Public Safety & Environmental Services Committee Meeting to discuss the status of non- operational Civil Defense sirens," Mr. Rapozo moved for approval of the report, seconded by Mr. Chang, and unanimously carried. Chair Furfaro: The next two (2) Resolutions we've completed, am I right Mr. Clerk? Mr. Nakamura: Yes Mr. Chair. We're now on the top of page six (6) on Resolution No. 2011 -46. Resolution No. 2011 -46, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Bradley Chiba): Mr. Rapozo moved to adopt Resolution No. 2011 -46, seconded by Ms. Yukimura. The motion for adoption of Resolution No. 2011 -46, was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Nakamura, Rapozo TOTAL – 6, Yukimura, Furfaro AGAINST ADOPTION: None TOTAL – 0, EXCUSED & NOT VOTING: None TOTAL – 0, RECUSED & NOT VOTING: None TOTAL – 0. Mr: Nakammura –..___ . Six (F) ,aye-s-z E :ir... Chair Furfaro: Mr. Nakamura: No. 2011 -47. Thank you. Next item. Next Resolution for approval is Resolution 63 COUNCIL MEETING APRIL 6, 2011 Resolution No. 2011 -47, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Randall Francisco): Mr. Rapozo moved to adopt Resolution No. 2011 -47, seconded by Mr. Chang. Chair Furfaro: Councilmembers, any discussion? Councilmember Chang. Mr. Chang: Thank you Chairman Furfaro. For the benefit of those that are in the audience and the viewing audience we had a Special Council Meeting that we all interviewed the two (2) candidates Bradley Chiba and Randy Francisco and I just wanted to let everyone know that not only the Councilmembers but the testimonies highly supported these two (2) very qualified and well known community members here and I wanted to thank Brad and Randy for stepping up. They're going to be serving as Commissioners for the Police Commission and we all wish them well and we all know that they're going to do good for Kauai and our Police Commission and our Police Department. So I just wanted to publically say aloha to Bradley Chiba once again and Randy Francisco. Thank you Mr. Chair. Chair Furfaro: Thank you Mr. Chang. If there's no further discussion, we'll do a roll call vote. The motion for adoption of Resolution No. 2011 -47, was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Nakamura, Rapozo TOTAL — 6, Yukimura, Furfaro AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0, RECUSED & NOT VOTING: None TOTAL — 0. Mr. Nakamura: Six (6) ayes Mr. Chair. Chair Furfaro: Can we go to Bills for First Reading now? Mr. Rapozo: Mr. Chair? Chair Furfaro: Yes. Mr. Rapozo: We had certificates scheduled for this afternoon and they're outside. Chair Furfaro: Oh! They're here now? Okay. Thank you for bringing that to my attention. Mr. Rapozo: Can we take a real quick break and thank you... There being no objections, the Council recessed at 2:37 p.m. The Council reconvened at 3:10 p.m., and proceeded as follows: 64 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: We're going to take a moment of personal privilege before we get back here. Mr. Nakamura: We're on page six (6) of the Council's agenda Mr. Chair on bills for first reading. First bill for first reading is proposed draft Bill No. 2404. BILLS FOR FIRST READING: Proposed Draft Bill (No. 2404) - AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -705, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAPI, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Kauai Marathon grant $150,000.00): Mr. Bynum moved for passage of Bill No. 2404 on first reading, that it be ordered to print, that a public hearing thereon by scheduled for May 4, 2011, and that it thereafter be referred to the Economic Development & Renewable Energy Strategies Committee Meeting, seconded by Ms. Yukimura. Chair Furfaro: item? Ken? Is there anyone that wishes to speak on this There being no objections, the rules were suspended. Mr. Taylor: Chair, members of the Council, my name is Ken Taylor. I believe we're speaking about Bill No. 2401, is that correct? Chair Furfaro: 2404. Mr. Taylor: 2404, that's what I meant... I have a little problem with this... when looking at the Resolution there's no breakdown as to where the money has gone in the past and how it's been spent and I think under current economic times we should have a full accounting and breakdown of this activity and how much money it's been generated and how it's been spent. I think before the Council approves giving tax payer money away to a private company, that it should have a full breakdown on how and where the money is going and how much is being generated and so on... I'd hope that as the process moves along, that all of that information will be forthcoming. Thank you. Chair want to sh Mr. Costa's marathon, percentage, the sp t reading p es rs assure you have Meeting. Furfaro: Thank you K are with you in previous discussions office that dealt with the number of E very good questions, the average K( for those comments. I do we have gotten reports from room nights produced by this projected rate, the revenue we had with media... but this is only the public hearr nd those questions I can -- ;ouncA when we get to the Committee Mr. Taylor: We just haven't seen them at this point in time? 65 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: No... this motion is about creating a public hearing. Mr. Taylor: Right. Chair Furfaro: That's what this is about but it is specific to the effect that previous meetings whether you have been here or not, we did get those kinds of report. We do want it in a final form. Mr. Taylor: Right. Chair Furfaro: Should this bill be successful and get to Committee. Mr. Taylor: And I remember at being at some of those and I remember some discussion that in reference to for instance how many people were here from Japan in the last year's marathon and how they were going to promote in Japan to bring considerably... and they anticipated getting considerably more but under the current circumstances in Japan, I question whether or not that will materialize and that could have some real bearing on the overall projections of what is being anticipated this year. Chair Furfaro: Your questions are well received and I do think we'll get there by the time we get this in Committee to see if there is the appropriate numbers and the justifications. But you know this was a marketing launch to get a marathon up and operating on Kauai and the idea is sometime in the future we would hope that it's successful enough because of our support, it was actually able to sustain itself. But those are good questions and they will be more clearly posted through Economic Development when we get to the Committee. Mr. Taylor: The other part of the whole scenario is again and I've raised this a number of times on different issues... but the end of cheap oil is going to change the way things are done and it's going to have major effects on how people move around the world and so on so it's questionable I guess at this point in time that we look at trying to generate income when we're asking literally thousands of people travel. Chair Furfaro: Your comments are well taken. Mr. Taylor: Thank you. Chair Furfaro: And again this is just for the first reading but hopefully when we get into Committee, we will have some firm numbers for room nights, number of participants, geographic areas that they gain from and other expenditures as we go to try to market this over a three (3) year period. But your comments are well received. Mr. Taylor: Thank you. Chair Furfaro: Does anyone else that wishes to speak on this item? 66 COUNCIL MEETING APRIL 6, 2011 JOE ROSA: Good afternoon members of the Council. For the record Joe Rosa. I just wanted to reemphasize what Mr. Taylor had to say. After last year's marathon, that they had... you heard all the favorable comments... how much revenue they generated for the island as far as hotels, food, this and that... you know to give them another a hundred and fifty thousand dollars like (inaudible) suggested, I think you should look into the overall expenses that they had and how much profit that they made. Also if anything that the revenue to subsidize the continuous of this marathon, I think it should also come from the tourist industry like the hotels who benefit from it. It's not only from the tax payers, I'd like to see something introduced in that manner for something like this here. That's all what I have to say so... like you said Jay this is the first thing before public hearing but I think something could be incorporated with the hotels, not only the county and the tax payers. Thank you. Chair Furfaro: Thank you Mr. Rosa. Your comments are well received and we do get thirteen million dollars from the Visitor Industry that goes into the General Fund in our budget, it could be substantially reduced with the unexpected difficulties with our east bound travelers but the reference to the contributions certainly comes from our TAT tax, your comments are received and we'll move them on when we go to Committee. Thank you. Mr. Rosa: Thank you. Chair Furfaro: Is there anyone else who wishes to speak and again this is a Bill for first reading... thank you... There being no one else to speak on this matter, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Any dialog amongst the members? Mr. Rapozo. Mr. Rapozo: Thank you. I'd hope to see Economic Development here today but maybe they're going to come at the next level but anyway for me it's rare that I won't support a first reading bill because a first reading bill obviously gets it to the public hearing. But when an issue is in my opinion so critical, I will vote no and that's what's going to happen today. I am not going to support this bill today. Yesterday out of the Senate Ways and Means Committee some startling issues were passed, you know the health care premiums they're going to go back to fifty /fifty percent. They're going to cut back on their contribution. They're going to repeal, they're moving to repeal the State income tax deductions, impose a pension tax, cap the hotel tax revenue for the counties and raise the liquor tax. They're also talking about raising the General Excise Tax and suspending General Excise Tax exemptions of certain businesses... what does this say? It's saying that we're in trouble, financial crisis, that's what it's saying. This —~— - County has �nereas.eq. TMM P'i lqp.. we'YQ, furlgpgheck-e pym we've done quite a- few cost cutting measures as well: When I' saw this `on the agenda I ac "tually couldn't believe that it's on the agenda at this time. A hundred and fifty thousand dollars is a lot of money and whether it's from TAT money or whatever in my opinion it's not a fiscally responsible thing to do right now. This company and I'm trying to do some research on this company and at the State of Hawaii DCCA there's two (2) names, there's either Kauai Marathon or Run Kauai. One's a non -profit and the other a for - profit, either one of those companies are not in good 67 COUNCIL MEETING APRIL 6, 2011 standings with the State, they haven't filed their annual filings. They have not done their part of the deal to remain in business in Hawaii. I'm not sure if our Administration even checked it, I'm not sure because there's no real supporting documentation and you know I think this Council has to send a message to the Administration saying hey we are going through some rough times, we are... this is a private entity, this is a private event that if you look under Kauai Marathon website, it's a business, they sell shirts, caps, jackets, it cost two hundred bucks to enter the marathon and if you want to do a relay it's four hundred or five hundred... it's remarkably expansive. If you want to get a vendor table, it's three hundred fifty or five hundred dollars a table, whether it's inside or outside... this is a private enterprise coming to the county tax payers to ask for money. We don't even know what profit. I think the question is a good question, how much do they even make. But even beyond that, my point is this if you're a private enterprise you come to this island, you want to create this marathon, that's fine... I can see a little kick start from the County because there is some economic benefit but not at this time. This is tough times for our tax payers, tough times and to put a hundred and fifty thousand dollars out of our surplus, going... we're months away from a new budget. You know this should be in the new budget, so it can be justified and when we know the better financial picture of the State, that's where it should be. Not trying to sneak it under the radar now, right before the budget before the fiscal year ends. I think it's... not a good idea. I'm not going to support it on first reading, I'm sure it'll pass and we'll get the discussions but for the reasons I've stated this is not in my opinion a fiscally sound decision to make in the situation we're in economically. Again my message to the Administration is that if you're going to be doing business with someone, make sure you do your background and make sure this is a business in good standing with the State. Don't be writing checks to companies that aren't even doing what they need to do by the State law. As you can see I'm quite upset because I'm a business owner, I struggle as well, believe me but the annual filings are a relatively simple thing to do and I do mine every year. To apply for a contract with this county, if you want to go bid on a contract with this county, believe me... certificate of good standing, tax clearances... all of these things you got to apply for and we're ready to write a check for a hundred and fifty thousand, I'm not supporting it, thank you. Chair Furfaro: Thank you Mr. Rapozo. Mr. Chang did you want to speak? Mr. Chang: I just wanted to say I did have a conversation with George Costa and unfortunately he had a previously arranged meeting in Honolulu and so he is in Honolulu. I do want to say at the hearing that we have on May 4th that Mr. Rosa and Mr. Taylor, all of your questions will be answered. Bob Craver was expected to be here, the Marathon coordinator, along with Mr. Costa but of course Mr. Costa had a previous arrangement a while back that he needed to be in testimony in Honolulu. So we'll get all our answers and the concerns that you have answered at that point in time so thank you very much for your concerns and your questions. All the figures that you had asked for will be accounted for and will be conveyed to you and the public. Thank you. (Inaudible) Mr. Chang: I'm sorry? 68 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: You can't talk from the audience Ken, I'll give you another chance to come up to the mic, you can't talk from there. Councilwoman Yukimura. Ms. Yukimura: Yes. When I saw this item the first question on my mind was why wasn't it part of either of last year's original budget or this year's budget process and I do think it's important for us to review this request in the context of all the other things that we need to fund for tourist promotion and economic development. I agree with Councilmember Rapozo that we have to do our homework and whether it's an audited statement of finances of the past events or at least questions about how the money's going to be spent and how much profit was made and so forth, I think those are valid questions as well as how much money or economic activity was generated by the marathon from a anecdotal point of view or just an observation, it seems like it was a highly successful event, got a lot of people to our island, put Kauai on the map and in those ways did really positive tourist promotion. But exactly how much the return was to us and how you figured that out should be presented and I haven't been on the previous Council so I do know that some of that information has been made available and I would like that our staff would provide that, at least by our Committee Meeting when we are going to be considering this bill again. Chair Furfaro: Well that's clearing the intent and I do want to say the fact of the matter is this hundred fifty thousand is here... the history is it's been two (2) years for us. The fact of the matter is there was a drop off in the second year mostly tied to the global economic situation. There was discussion I believe in the Office of Economic Development with members of the Council as well as Mr. Costa and that's why this item is appearing now and when that discussion occurred we had heard that for the next year, that number would be in the budget. But may I reassure you that you were not on the Council Councilwoman, Mr. Rapozo was not on the Council. Ms. Yukimura: Right. Chair Furfaro: We do intend to have a reconciled report for us to show the economic value. The fact that we don't have any major water activities anymore, we've lost the Golf exposure for our island, the marathon was looked at as possibly something that could substitute our destination having a signature item. But to get there we have to get through first reading and as we go forward for the public hearing and then Committee discussions, I believe all of those questions will resurface again because we did have some preliminary reports. I'm going to suspend the rules again for Ken. There being no objections, the rules were suspended. Chair Furfaro: Just pose one (1) question to us, I'm not -- giving you more time -ed- a question you were tQ -ask from the- Audience? Mr. Taylor: Thank you Chairman and Council, I appreciate the fact that this issue would be more clarified as we move along. My question was in reference to Dickie's response and I certainly appreciate that he guarantees that Joe's questions and mine would be answered. I hope that also includes the answers to all of the questions that Mel raised? COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: Thank you very much we'll make a special note of that. You know Alice I'm not going to... I'm going to call the meeting back to order. There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: We had a time earlier to speak, okay? Mr. Bynum we're back in order and you have the floor. Mr. Bynum: Thank you very much. I've been very interested to see the presentations done by the Kauai Marathon, they've been extensive in both years. The Council that I sat on really did their due diligence but... and I'm certain we will do our due diligence with this and look at all of the questions that were made. It is significant when we grant any money and we need to be very careful but let me say municipalities all over the country work in partnership with their key industries to try to keep their communities economically viable. Clearly our key industry is the visitor industry. Our State helps pay for the Pro Bowl and when it went away we were all unhappy about that. Our county worked in partnership to bring the Grand Slam of Golf here to Kauai for ten (10) years and I know when it went away, we were all sad and we were all trying to find a way to bring it back, it's not unusual at all for governments to invest in their key industries and partnership with the private sector, the public sector, we have a whole division of our County that works on festivals for instance, and yeah we're in tough economic times but I don't think we're going to stop the Mokihana festival or stop providing the support for our key industries. In fact one could argue the most important time to do that is in difficult times. I believe the marathon has tremendous long term potential for the County of Kauai, I'm going to do my due diligence and look about whether it's prudent to in fact make this amount investment at this time, I'm going to also want to know how this money is being spent, let's ask the private promoter of this how much he made because I think you're going to find out that they haven't made anything. That they're making a long term investment in our community and we've already reaped the benefits from that because I don't remember... recall of the numbers but I was a volunteer in both of these marathons and I'll be a volunteer in a future one because I think it's important for our community. I know I personally met dozens of people just during that one (1) day of volunteering who came from all over the world literally just because we had that marathon. That has a direct economic benefit and a direct impact on our budget and if anybody knows anything about marathons, you get on the schedule, you get to be one of the main ones and we have the opportunity to do that, it generates potentially hundreds of thousands participants and so I'm very thankful for the people, our Economic Development, the Administration and the... that put this marathon together and gave us an opportunity. It's unfortunate that we're doing it in a time where travel is not as prevalent but it be a shame to lose momentum here. I'm not sure how I will vote on this in the long run but I'm sure not going to make a judgment until I hear the whole agenda played out and we all do our due diligence. Chair Furfaro: Thank you. Councilwoman Nakamura. Ms. Nakamura: Thank. you Chair. I have not... since I'm new on the Council, I have not had the background to learn about this event and so I too 70 COUNCIL MEETING APRIL 6, 2011 am curious about sort of the history, the rationale, how this fits into the overall tourism strategy and what are some of the options for leveraging our County funds in this area and haven't taken a detail look at their overall budget to know where the county funds will be spent, and I guess my concern is a procedural one because this is... we're asking for approval to pass this out on first reading and I don't feel that I have enough information but and I... maybe because I'm new here but I would think if we're going to a public hearing, the public would also want to know this information so that the feedback that we get is meaningful and I... so I think this is something maybe an internal procedural concern that in the future I would appreciate having more of a rationale upfront rather than later on so that we can make a better decision today based on some solid information in front of us and not wait till later on. I do want to have this discussion so... but I guess I am concerned about our process. Chair Furfaro: Now let me speak to process... it has been typically the role of first readings to get an agenda item on the agenda for the purpose of having a discussion when we could have a public hearing and at that public hearing find ourselves referring it to a Committee. In the Committee is where the work is done and therefore that material. I am prepared if you would like to take a ten (10) minute recess here and ask the Clerk's Office to go back and provide to you the previous reports that were given to this Council when three (3) of you weren't here or we could make that part of this next two (2) week's activities and we can dig out some of that past information and provide it to all three (3) of you. But it is the. routine of this Council to identify an item in general, allow the public to have a scheduled specific time to come in and testify on the items and based on that testimony from the public to then refer it to a Committee meeting. That is from my eight (8) years on the Council, what the practice has been. But I will ask the Clerk's Office over the next couple of days and I'll look towards Ricky to just give me an acknowledgment that we can go back in our files and circulate the two (2) presentations that have been made by Economic Development. Okay... on that note, Councilwoman. Ms. Yukimura: May I make a suggestion? We could have the Chair also sent... even if we pass this on first reading... Chair Furfaro: I'm getting there JoAnn. Ms. Yukimura: Okay. Chair Furfaro: Now in the Rules Committee if you want to change what we've done in the past, we're in that window on the Rules Committee right now if we want to have something that expresses more detail in first readings, that's a possibility as well. Mr. Rapozo. Mr. Rapozo: Well you know in addition to the bill for first xe-ading -:there'.s..a:comxuu? atzo xo .: the,. Administration - ,mrd. to have them present, that I think is a big ' pr"oblem ior' 'me: If' they re asking for a hundred and fifty thousand dollars to be passed on first reading, they should be here,, if it's that important I guess. I understand the first bill has its own track... I mean the first reading has its own track, the bill but on the communication it's a request from the Administration for us to move and they're not here to answer any questions. And I think that's concerning because I would really like... I mean I think if I could ask the question... eh do you know that that company is not even in 71 COUNCIL MEETING APRIL 6, 2011 good standing with the State and are you prepared to go forward with a grant of a hundred and fifty thousand dollars on that and if he is to sit there and say yes we are then that raises some flags. If the response is well no we weren't aware of that and we'll look into it, I think that's why we have the communication, it's not an automatic and it's an opportunity for us to ask the question of the requesting agency. That's what the process is. Again for me it's a particular issue, it's an issue because I don't think we really should be spending money. For those of you that's been here and had that prior years of the marathon, that's... you know you have your own concerns. I just feel that it doesn't need to go any further from here and I'm not going to support it but obviously it will move to the public hearing process. Chair Furfaro: Councilwoman Yukimura. Ms. Yukimura: Yes. I don't think we need new rules for this actually. We could move the bill to first reading and public hearing, we could do either... Chair Furfaro: And that's what I'm asking for... Ms. Yukimura: May I finish? Chair Furfaro: But the subject... excuse me... but the subject came up... why are we so unclear on what comes up on first reading. Ms. Yukimura: Well... Chair Furfaro: And I was only making that comment, we have an opportunity right now... Ms. Yukimura: Chair Furfaro: I apologize for that but I want to make sure that you were clear with what I said. Ms. Yukimura: I am very clear and so... and I'm also thinking there's merit in what Councilmember Rapozo and Nakamura are asking for... more information even before the public hearing. So what I would like to suggest is either we reconsider our vote on the motion to receive... or vote on receiving the communication about the marathon and just defer that to the Committee next week. We have Committee Meetings and we could at that point have Mr. Costa come with information and have discussion but still have the bill on track for first reading and public hearing or we could submit a new communication from you Chair, we don't have to reconsider our vote then and just ask them to be present at our next meeting to provide information. Chair Furfaro: Well we could do that a couple ways JoAnn. Ms. Yukimura: Right. Chair Furfaro: You, Councilwoman Nakamura and Mr. Rapozo can all vote no and three (3) of us... Ms. Yukimura: Oh... 72 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: ... could vote yes and it would automatically come up again... Ms. Yukimura: Oh... Chair Furfaro: Now let's not get the issues crossed over here. We have past practiced which initiates a first reading as if it's a public notice for the purpose of the public being able to know there's a specific scheduled time for a public hearing that they could clear their schedules and attempt. That's what typically happens with a first reading, okay? That first reading comes out which triggers a Committee Meeting, of which I can say to you, it's not about spending, it's about investing as Mr. Bynum said, as Mr. Chang said. It's about investing some money on the destination and. the signature activity. Now that's another option too. Ms. Yukimura: Yes. Chair Furfaro: We could end up three (3) /three (3) and it comes back in two (2) weeks. Ms. Yukimura: Mr. Chair, I'd actually would like to vote for the bill on first reading but I'd like to honor the concerns of Councilmembers Rapozo and Nakamura... and myself and I think all of us to have more information, so what I'm suggesting is that we vote the bill out on first reading, set a public hearing for I think it was May 4th and at the same time send a letter... well actually the best would be to defer... Chair Furfaro: Councilwoman... Ms. Yukimura: Excuse me, may I finish? We refer the bill... I mean the communication, today's communication to the Committee, Economic Development next week and have information presented then. Chair Furfaro: Here's another exciting option... we're going to move this to the end of the agenda, I'm going to ask staff to get the preliminary reports prepared for you, you can have them and we could continue this discussion. Ms. Yukimura: I think though Mr. Chair, we wanted to have Mr. Costa come and it's not just the past information but questions that we want to ask him. Chair Furfaro: That's my option, I'll pass out the information, you can vote then if we move this to the end of the agenda. Ms. Yukimura: Oh well... Chair Furfaro: 'That's the option I'm offering. Ms. Yukimura: I think we can vote now. I think there's four (4) votes to move it out on first reading or maybe five (5). Chair Furfaro: Okay. 73 COUNCIL MEETING APRIL 6, 2011 Ms. Yukimura: Or six (6) but I think... Chair Furfaro: I guess we count differently, I see it as three (3) /three (3). Ms. Yukimura: Oh but you're counting my vote wrong. Chair Furfaro: Well then I've been wrong before. Ms. Yukimura: So we can... anyway I think we can take a vote now but I think the remaining question will be whether we want to have and given agenda deadlines I think it would be easiest if we just refer the communication of today to the Committee next week. Chair Furfaro: I'm going to go ahead and call for the vote on the item. Ms. Yukimura: Okay, alright. Chair Furfaro: Mr. Bynum you have the floor and know that I do plan to pass out the previous testimony from the Councilmembers that haven't been here in the past. Ms. Yukimura: Okay. Chair Furfaro: But you have the floor and I'm going to call for the vote. Mr. Bynum: Thank you. I'll be as quick as I possibly can although it's interesting that we're having a process discussion again because the process to me first reading has always been a notice to the Council and the community that this proposal is being made, establish a public hearing and begin a process. If you... and it's also my experience if you want to do something more quietly, you don't do it in a money bill, you put it in the budget because it gets less scrutiny because we're dealing with a lot. This didn't come over with nothing, it came over with a cover letter and thanks to the leadership that our Chair is providing within a few weeks or months this cover letter will be a part of our agenda item that will be attached that the public can access.. With your indulgence I'd like to read this letter from the administration because they didn't just send this over here with no information. This is regarding the money bill, this request is for a hundred and fifty thousand dollars to assist with the subsidy of the upcoming 2011 Kauai Marathon. The Founder of the Kauai Marathon and Po`ipu resident has personally funded this event for the last two (2) years. Besides the positive economic impact it had on our island community, it lifted the spirits of the people of Kauai who rallied around each other and this event during one of the most challenging economic times since the Great Depression of the 1930's. We hope the Kauai Marathon will become Kaua`i's signature sports event, replacing the PGA Grand Slam that called Kauai home for many years. From its inaugural year in 2009, participation of runners has gone from 1,400 to a projected 1,700 runners and walkers this year. Increase in participation is not only seen in Kama`aina, but visitors as well. Forty -six (46) states and seven (7) 74 COUNCIL MEETING APRIL 6, 2011 countries are represented. The exposure this event has gained is statewide, national and international. The total cost of the 2011 Kauai Marathon is projected to be $400,000.00 and the County subsidy of $150,000 will help to cover the marketing, advertising, entertainment, medical services, aid stations supplies, traffic control and security. The supplies, equipment rentals, food and beverage and labor will be covered by the Marathon's founder and the marathon registration proceeds. The last two (2) Marathons have brought over $2 million in visitor spending each year for accommodations, car rental, restaurants, activities and other small businesses. The Kauai Marathon is good for Kauai. I want to thank you in advance for your... hopefully continued support. Chair Furfaro: Okay thank you Mr. Bynum and just for all... that letter that was just read is in all Councilmember's packets. Now I would Eke to look towards getting to a vote, I do want to make note to the group that this is for first reading. I also want to make note that we will be sending over questions under my signature to include a background and a resume of the organizer, questions regarding to their business status as well as their tax status that will be in a correspondence with me. After we take the vote, I would like the staff... and after we take the vote to get the previous reports given to the past Council as to their activities. I guess I'm looking for a motion to approve. We have? Thank you. Ms. Yukimura: Question Mr. Chair. Chair Furfaro: And we have a seconded? We have a seconded, thank you. So without... any further activities that I summarize... I'd like to call for the vote Mr. Clerk. The motion for passage of Proposed Draft Bill No. 2404 on first reading was then put, and carried by the following vote: FOR PASSAGE: AGAINST PASSAGE: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Mr. Nakamura: Bynum, Chang, Nakamura, TOTAL - 5, Yukimura, Furfaro Rapozo TOTAL -1, None TOTAL - 0, None TOTAL - 0. Five (5) ayes, one (1) no Mr. Chair. Chair Furfaro: Thank you. Mr. Clerk could you assure me documents. w111 be- xra-sed ,out to the, Councilmeembers? -.._ _ ... _.. _. Mr. Nakamura: Yes. We're on... next bill for first reading is Proposed Draft Bill No. 2405. Proposed Draft Bill (No. 2405) - AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -705, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL 75 COUNCIL MEETING APRIL 6, 2011 YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Kauai Fire Department rescue trucks $260,538.00): Mr. Chang moved for passage of Bill No. 2405 on first reading, that it be ordered to print, that a public hearing thereon by scheduled for May 4, 2011, and that it thereafter be referred to the Public Safety & Environmental Services Committee Meeting, seconded by Mr. Rapozo. The motion for passage of Proposed Draft Bill No. 2405 was then put, and carried by the following vote: FOR PASSAGE: AGAINST PASSAGE: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Chair Furfaro: Mr. Nakamura: Bill No 2406. Bynum, Chang, Nakamura, Rapozo, TOTAL — 6, Yukimura, Furfaro Rapozo TOTAL — 0, None TOTAL — 0, None TOTAL — 0. Thank you. Next item. Last bill for first reading is proposed draft Proposed Draft Bill (No. 2406) - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE 3, SECTION 23 -3.2 OF THE KAUAI COUNTY CODE 1987, RELATING TO PEDDLERS AND CONCESSIONAIRES: Mr. Bynum moved for passage of Bill No. 2406 on first reading, that it be ordered to print, that a public hearing thereon by scheduled for May 4, 2011, and that it thereafter be referred to the Finance/Parks & Recreation/Public Works Programs Committee Meeting, seconded by Ms. Yukimura. The motion for passage of Proposed Draft Bill No. 2406 was then put, and carried by the following vote: FOR PASSAGE: AGAINST PASSAGE: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Chair Furfaro: reading. Mr. Nakamura: Bynum, Chang, Nakamura, Rapozo, TOTAL — 6, Yukimura, Furfaro Rapozo TOTAL — 0, None TOTAL — 0, None TOTAL — 0. BILLS FOR SECOND READING: Thank you. We'll go to Bills for second First bill for second reading is Bill No. 2376. Bill No. 2376 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Shoreline Setback ordinance amendment) (The Planning Committee recommended that the bill be received for the record; see CR -PL 2011 -02): Ms. Nakamura moved to receive Bill No. 2376 for the record on second and final reading, seconded by Mr. Bynum, and unanimously carried. 76 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: Mr. Nakamura: Next item Mr. Clerk. Last bill for second reading is Bill No. 2400. Bill No. 2400 — A BILL FOR AN ORDINANCE AMENDING ARTICLE 19, CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PLASTIC BAG REDUCTION (PSE Committee recommended that the bill be referred to the full Council; see CR -PSE 2011 -04): Mr. Rapozo moved to approve Bill No. 2044 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Ms. Nakamura. Chair Furfaro: Is there anyone in the audience that wishes to speak on this item? Ken, please come right on up. There being no objections, the rules were suspended. Mr. Taylor: Chair, members of the Council, my name is Ken Taylor. I speak opposing this amendment. Over the last few weeks when this has been discussed I've turned in several documents showing how contamination can take place in restaurants, I've turned in from several different vendors alternative packaging that would eliminate spills of gravies and other liquids. I've turned in couple of articles, one (1) about the history about the apron and more recently a document questioning whether the plastic industry is the new tobacco industry and I think collectively all of these things simply point to not moving forward with the amendment and that it was the... it was stated I believe at the last meeting that it's easy to go online and find products... articles to support you one way or another but I'd like to remind all of you that the one document that was brought forward supposedly supporting plastic bags was the study that was done at the University of Arizona which was paid for by the plastic industry and it really didn't make much of a case on behalf of preventing plastic. So if it's easy to go out and get articles to support your case, they haven't been brought forth so I have to assume that they don't exist. In closing I'd just say that we must all remember that the environment can live without people but people cannot live without the environment. With that I hope this... a Resolution dies at this time. Thank you. Chair Furfaro: Thank you Ken. Let me see if there's any questions for Ken? No. Alice, please come right on up. Ms. Parker: Hi Council. Alice Parker, Lihu`e. I'm still hoping that we can find some material that could be water proof for the gravy... for the garbage and that doesn't ruin the environment. We've got to have faith in the future that something will come up because we don't want to spill garbage from here to Kekaha or wherever the next landfill is and we certainly don't want it anywhere around Sun Village and around apartments. Please consider something water proofing and it's good for the environment. Thank you. questions? Thank k Clair Furf y: Th anyone a else you wishes to testify on this ' you. Is there an nk Alice. :et me sce .ff tlae res an item. If not, I will call the meeting back to order. There being no one else to speak on this matter, the meeting was called back to order, and proceeded as follows: 77 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: We have a motion and a second, if there's an opportunity to introduce any amendments at this time, this is the time. Councilwoman Nakamura. Ms. Nakamura: I'd like to introduce an amendment to Bill No. 2400. I'm putting forth this amendment to Councilmember Rapozo's bill for two (2) reasons. One (1) is to offer a compromise between an outright ban on biodegradable bags and Councilmember Rapozo's bill in my opinion defines biodegradable bags too broadly. I also included in this floor amendment three (3) housekeeping measures that will help the county enforce this important law. I'm proposing to replace Councilmember Rapozo's definition of biodegradable bags with the ASTM D6400 standard. I believe this standard gives food establishments a choice. These bags are compostable and meet the specifications of the American Society of Testing and Material Standard for compostable bags. Progressive cities like San Francisco and Santa Monica use this standard in defining biodegradable bags. According to vendors that I have spoken with, these bags are more expensive than plastic bags and they are also perishable so they have a very short shelf life which don't make them very desirable but at least this gives food establishments a choice. I do not believe there will be a widespread use of these types of bags. During the course of my research I also learned that there are three (3) concerns with the existing ordinance in terms of enforcement. The first one is that many nation firms and franchises that comply with the paper bag content requirements but do not have the words reusable and recyclable printed on their bags, so they are currently not complying with the current law. The exemption for charitable organizations should be identified as 501c3 rather than 501c organizations. And finally... and that's to be consistent with the internal revenue regulations. Third, reusable bags I think there was a typo in the original law so rather than 2.25mils in thickness... it says 2.25 millimeters in thickness which again makes it very difficult to enforce. So all of these amendments would make it easier for the County to enforce this law. I'm pursuing this compromise because I believe that one of the unintended consequences of the plastic bag ban is that we as a County are putting more paper bags and cardboard boxes into our landfill. To address this concern and this is fora.. with the upcoming budget process I think we should try to support a collaboration between the county, the business community and community organizations like Zero Waste Kauai, Apollo Kauai, Malama Kauai and others to conduct a public relations campaign to remind residents to bring reusable bags into the stores, encourage vendors to charge for paper bags, absent state law and involve our youth in trying to carry out this message. I'm just putting that forth as an option. Chair Furfaro: Thank you very much. We have a bill presented to us as circulated as an amendment, we need a motion to amend. Ms. Nakamura moved to amend Bill No. 2400 as shown in the Floor Amendment attached hereto as Attachment 1, seconded by Mr. Rapozo. Chair Furfaro: Is there any discussion? Mr. Bynum. Mr. Bynum: I've spent the last two (2) years learning about plastic bags and American Society of Testing Materials and I believe if we accepted this amendment as it is, it would result in thousands of bio- plastic bags although I... if we were going to do this, this is the appropriate standard to me but those bags still contain around forty percent (40 %) petroleum, they're still going to 7s .COUNCIL MEETING APRIL 6, 2011 litter our highways, they're still going to get into our marine environment, they will degrade there much quicker than a standard plastic bag but it really won't meet the intent of the original bill and so I'm not going to support this today because I've said earlier I don't think the food safety concerns are significant enough to warrant making this change and it answers Ms. Parker's question, there are alternative containers that don't leak and are available that are more environmentally appropriate. For those reasons, I'm not going to be supporting this amendment. Chair Furfaro: Thank you. Anymore discussion on the amendment? Mr. Rapozo. Mr. Rapozo: I will be supporting this amendment, I think it's a... it improves the amendment that I introduced. It further defines biodegradable and compostable and I believe early on I did get a phone call from Mr. Brad Parsons and I cannot remember what organization he was representing... Do you remember? Mr. Bynum: Himself. Mr. Rapozo: Anyway... Mr. Parson's suggested earlier this standard but I will be supporting this and I hope we can get this passed today. Thank you. Chair Furfaro: I'm going to ask if there's anyone in the audience that wants to comment only on the amendment? There being no objections, the rules were suspended. Mr. Taylor: Chair, members of the Council, my name is Ken Taylor. Although we just had a quick overview of this document, I have problems with this amendment as well as the original amendment so I would hope that you will vote this down as well as the original amendment. I think Tim indicated quite well that there's a lot more than just bag issue, whether the bag is partially biodegradable, it is not completely biodegradable and that there in lays part of the problem. The litter along the highways is still there and I don't see that this solves any problems for what we currently have as a bill that provides good protection against of the use of checkout bags and please just vote this down. Leave what's in place, in place for a year and see how things go and let's educate the business community to use a product that is a available that will eliminate any cross contamination. Thank you. Chair Furfaro: Is there anyone else who wishes to speak? Alice please come up. Ms. Parker: Alice Parker for the record and of course this - -- is a d rtee, step :c ©nand pro.,... I ,think ,t-h� -am dxnent is very carefully and we`1l worded and I think it`s a compromise until we reach the state where bags can be manufactured that are not harmful to the environment and I think we need to be reasonable and this is very reasonable position I believe. Thank you. Chair Furfaro: Any questions? 79 COUNCIL MEETING APRIL 6, 2011 Mr. Rapozo: I have a question. Alice, I know that one of the prior meetings you testified that in fact you were one of those that use the plastic shopping bags as a liner for you trash can, I believe it was at Sun Village. Ms. Parker: Yes. Mr. Rapozo: What are you doing now? Ms. Parker: Same thing. Boy did I save those Big Save and other places plastic bags but I'm running out. My neighbors all use those thirteen gallon ones that come... you know that are heavier duty plastic and that's what I'll have to resort to. Mr. Rapozo: So you're going to go to Wal -Mart or wherever and you're going to purchase plastic bags to line your can? Ms. Parker: Yes. Mr. Rapozo: Like your neighbors? Ms. Parker: Yes. Mr. Rapozo: Thank you. Ms. Parker: Because I still have to carry it out to the... Mr. Rapozo: Yeah I mean... you had a pretty powerful statement the last time you were here and then there was another woman that testified that in fact that many of the seniors are going out and purchasing these little rolls of plastic bags, the thicker plastic bags. Ms. Parker: Yeah. Mr. Rapozo: To do what the thinner plastic bags and in this case with this amendment a much more environmental friendlier version of the plastic bags. Ms. Parker: Right, thank you. Mr. Rapozo: Thank you. Ms. Yukimura: Alice? Hold on a second. What did you use before plastic bags were readily available because I know you remember the time... I do too... when... Ms. Parker: We... Ms. Yukimura: ... when actually the grocery stores were giving out paper bags. Ms. Parker: Right. And then we wrapped garbage in newspapers or paper bags and yeah that could be done but right now our trips to 80 COUNCIL MEETING APRIL 6, 2011 the garbage can are longer in duration, you know several hundred feet as opposed to say twenty feet to the back door to the garbage can. Ms. Yukimura: Ms. Parker: Ms. Yukimura: Ms. Parker: more chance it will seep. Wait, I don't understand that. Distance and seepage. So... Farther you have to carry the garbage, the Ms. Yukimura: Well... so... we're moving eventually to a wet composting system where... where garbage, wet garbage will be separated from the dry garbage anyway. Ms. Parker: Ms. Yukimura: Ms. Parker: And how... t Yeah, go ahead. Ms. Yukimura: And so the jurisdictions will give out different containers for composting and different containers for dry recycle and also for trash. Eventually the things you throw into your waste baskets will be only dry. Ms. Parker: Okay, how is this going to be implemented in high rise apartment buildings or hotels and things? Because I can see in single family residences that you have a short distance and you can separate it better but when you have four (4) stories... I don't understand where (inaudible) recyclable bins will be. Ms. Yukimura: You ask a good question and I haven't... I'm not that intimately knowledgeable about the systems but I do know that in communities where they do three (3) can recycling or three (3) can solid waste management, they do apply to multi - family dwellings as well. Ms. Parker: Okay. Ms. Yukimura: So if you do separate the wet from the dry then paper bags or as I remember we used to even line our waste baskets with newspaper. Ms. Parker: Yes, yes. l 3nura: yb�- -- all -of those. maybe the- wa s- Vie- - -- ._..._..._._ go back to as we try to become more environiriextal. Ms. Parker: We also can process (inaudible) garbage disposal but there's some things that will tie it up like lettuce... will form a mess to tangle things up further down the drain. 81 COUNCIL MEETING APRIL 6, 2011 Ms. Yukimura: Right and I think for that there is... I mean most people on this island don't have garbage disposal. Ms. Parker: That's true. Ms. Yukimura: They either throw it into their overall trash can or I guess a few of us have a pot that is our compost pot and then we have a compost pile in our backyard, Ms. Parker: True. Ms. Yukimura: So... anyway it might not be as convenient but it's probably more ecological. Ms. Parker: Yeah. If I can keep the dog out of the compost pile, I'd be happy but okay... Ms. Yukimura: Thank you. Chair Furfaro: Celery doesn't work in a garbage disposal either. Ms. Parker: Right. Chair Furfaro: Okay. Anyone else wishes to testify? There being no one else to speak on this matter, the meeting was called back to order, and proceeded as follows: Chair Furfaro: We have an amendment that is circulating, it has an approval... I mean it has an introduction and a seconded and now there's discussion now on the floor of the amendment. Is there anybody that wishes to have discussion on the amendment, any further before I call for the vote? Ms. Yukimura: Yes. Mr. Chair. Chair Furfaro: Councilwoman Yukimura then Mr. Chang. Ms. Yukimura: I appreciate Councilmember Nakamura's attempt to find some compromise, I won't be voting for this amendment however because I feel it's... it will set us backwards in that businesses and entities that have made an adjustment could now just go back to plastic bags and that is not our purpose. Our purpose is not to go to paper bags either, our ultimate purpose is to go to reusable bags and I have to say that the food establishments has raised the issue about liquid foods and that always has been for me the issue. This is far broader than just addressing liquid foods and so I think and as I said I think there are ways to address liquid foods, they're not as easier convenient, they require more attention but they are available to us whether it's newspaper or towels in our car to address that issue. I do believe that we should let this very new law give it time to take effect and have people adjust and see how we can do that and then if the problems are really persistent and not working then we can change it but I think we've hardly begun to help people change the habits and to change now the law wouldn't be helpful. 82 COUNCIL MEETING APRIL 6, 2011 Chair Furfaro: Mr. Chang. Mr. Chang: Thank you Chair and I too want to thank Councilmember Nakamura for kind of getting in there on a crash course but really trying to find a compromise. I too spoke with Mr. Brad Parsons on Monday and again I don't know who he represents, I always thought he represents himself but in my dialog with him, I believe he said it was about twenty -eight percent (28 %) fossil fuel driven for this ASTM D6400 standard. But the way that this bag would work and the only way it does is you have to actually physically bury it but not only do you physically bury it, it has to consistently be turned and churned for it to biodegrade and I don't believe we have any facilities anywhere in the State that does as such. We don't have that facility here so just a manpower alone or just the fact that how do you grab these bags thereafter, who's going to actually bury it and then at that point, who's going to turn and churn? Because it has to be from what I understood you know may be not necessary a constant but it's probably going to be maybe a couple days, a couple times a day or couple... you know again, and again, and again... so you know for that particular reason I... and again I want to thank Councilmember Nakamura but I'm not going to be supporting this amendment. Thank you. Chair Furfaro: I'm going to allow Councilwoman Nakamura to speak and then I'm going to call for the vote. Ms. Nakamura: And just to address Councilmember Chang's concern, we did talk to Alison Fraley and the County currently has two (2) contracts with two (2) commercial composting facilities on island. One (1) of those facilities has the federal and state approvals to accept compostable packaging... so I just wanted to let you know... that yes we are not there island wide currently but as Councilwoman Yukimura mentioned we're heading in that direction. So I just wanted to share that with you. Chair Furfaro: Thank you. I'm going to go ahead and call for the question on the amendment. Mr. Clerk may I have a roll can on the amendment? Mr. Nakamura: This is the roll call on the floor amendment proposed and circulated by Councilmember Nakamura. The motion to amend Bill No. 2400 was then put, and failed by the following vote: FOR AMENDMENT: Nakamura, Rapozo TOTAL — 2, AGAINST AMENDMENT: Bynum, Chang, Yukimura, Furfaro TOTAL — 4, EXCUSED & NOT VOTING: None TOTAL — 0, RECUSED &a NQT VOTING: .._ None Mr. Nakamura: Four (4) nos and two (2) ayes. Chair Furfaro: Thank you. On that note that amendment fails, let us go to the main bill and I'm going to open the floor for some further discussion before I call for the vote. Mr. Rapozo. 83 COUNCIL MEETING APRIL 6, 2011 Mr. Rapozo: Thank you. It's quite obvious I guess I can count but I will just make a few comments. You know when you talk about the main intent of the original bill, the intent of the original bill was plastic bag reduction. The intent of the original bill was not banning of plastic bags but the bill effectively banned plastic bags and that wasn't the intent. The intent was reduction. This was just trying to bring the bill right back to what the original bill was, to reduce the plastic bags by prohibiting it in establishments except for food service. The intent of my amendment was strictly for food safety issues. It comes down to that, if you agree with the food safety argument, if you agree with the experts that came and testified that said that the food service experts that came and testified the Chefs and the instructors from the college that said there is a definite chance, if you believe in that, then you support the amendment. If you don't, then you don't. It's really what it came down to, it was not an issue of convenience, I know a lot of people spun this into a convenience issue. That's what the comment were, that's what everybody was talking about is let's not cater to the restaurants, well this had nothing to do with that in fact these bags are actually more expensive. Mr. Nakamura's amendment would have required bags that were more expensive so it wasn't a cost savings by any stretch. Alice Parker thank you for being here today, she's been here several times, she's testified but you are one (1) of many people that feel that way. You're one of many people, there's a petition and I know (inaudible) is here now and I hope you print that because there was a petition that was signed by over two thousand people that were concerned about the food safety issue. Yes many of them were also concerned with convenience but in fact the petition was written to address the food safety issue, over two thousand people versus the sixty (60) or so testimonies that we received from people that felt that we shouldn't be using plastic. I think it's a bigger issue than convenience, I think it's more than that. It's an issue that affects this island but no one can deny the fact that this reusable bags can transfer food illnesses, it's not in dispute. And will the average healthy person be affected? Probably not. The bacteria that gets transferred is probably not enough to seriously injure a fit person and a healthy person but to the unhealthy... a person who has a weak immune system, it is quite dangerous. Whether you point to the study of the University of Arizona which some alleged was paid by the plastic industry, I find that hard to believe that a college or university would be swaid by that but maybe that's the case. But you also heard from food service experts. Food service experts that came here and testified, people that study in the field and they as well has made it quite clear that there is in fact a potential. So that was the purpose of the amendment, like I said I can count, it will die but I wanted the constituents that called and had a concern, I wanted their voices to be heard and it was heard. And at the end of the day the bag... and it is a bag ban, it's not a bag reduction bill, I mean let's call a spade a spade... the bag ban bill will stay intact and it's unfortunate I think for many people but you know that's what the democratic process is all about. With that thank you very much for your indulgence and we tried. Thank you. Chair Furfaro: Thank you. Did you want to say anything Mr. Chang? Mr. Chang: Thank you Chair and first of all I'd like to start off by saying that I originally supported the bill, the original bill put forth by both Councilmember Bynum and former Councilmember Kawahara and at that point let me just reemphasize that I don't believe food safety ever came up. So just to go down the history of this particular issue you know again we had a conversation with a very, very distinguished restaurateur Roy Yamaguchi and we 84 COUNCIL MEETING APRIL 6, 2011 were talking from farm to table and he was talking about health concern which then the following morning I called up Councilmember Rapozo who had the same concerns and he got and put this on the agenda. We heard a lot of testimonies and last week, the week prior to I asked for a deferral so Councilmember Nakamura could do her due diligence, last week I asked for a deferral because I wanted to hear answers from Dr. Bal in regards to this seven (7) questions that were now answered with a communication from Mark Oyama. I too had sent a communication for him and for the record as we discussed last week, he was traveling and I had asked for some communication back, I've... we have fax, we have sent a hard copy over to the Health Department and as of an hour ago when I'm checking my emails and heard my messages, I heard nothing back from him. With that being said for whatever reason again he was traveling however I'm not going to use his testimony or Mark Oyama's testimony to convince me or sway me the way that I'm thinking at this point. I came across as the professed connoisseur of takeout plates and I think we all learned much, much more about this issue than when the issue first came up the first time around. I mean I can tell you that containers can cost anywhere between .13 and over .18, a fork can be anywhere between .01 to .20, so these are the costs that unfortunately the restaurateurs have to take into play. I also as many of us tested out the bags which for oily food or gravies does not work. So the bag issue I hope we resolved or educated however the whole intent was to address the health issue and I believe that the Health Department goes to restaurateurs or Community College and said you can't do this, you can't do this, you can't do this... but you got to do that, you got to do that... so consequently the restaurants and the food service gives out good quality, nice tasty local meals and they give it to the consumer. At that point the consumer really needs to take responsibility. You know they need to take responsibility and for myself personally we go to lunch runs, somebody picks up the lunch, they bring it back to work and within ten (10), fifteen (15) minutes the food has started to be eaten or already eaten, I mean for my experience. For my experience I'll order something and I'll eat it right then and there and a lot of the food safety goes where you might purchase a spam mushubi or bento or what have you, I mean if you're going to leave it in the car for five (5) hours, six (6) hours... it's on the backseat, that to me is when you can get sick. It's been a tough struggle because yes there has been a lot of people concerned about the health issue but I think earlier we talked about this change and this reoccurring time of changes here and I think right now we do need more public education but from these forums that we've been having on the floor I do believe that it educated a lot of people with the concerns of food safety. How to handle the food, for myself I think now the restaurants, if you're going to put something... if you're going to put something in the paper bag and it's going to be with the little gravy or little sauce, then you might want to line it with little newspaper or remind people to carry it from the bottom versus the handles which we know the handles don't work now. Last but not least I'd like to say I always used to say I can't wait to be a grandfather because grandpa would have great stories but in order to be a grandpa, you got to be a father and sadly I'm not a father but from all the parents that I talked to, you know there are kids out there that they know words like reduce, reuse, recycle things, that our - ge�oxr_never heard of,and., and-as a _as „ -` concerned when I; ash- _ the parents what drb your kids doing, what are they saying.., oli we recycle this, we do this, we do this and for me being on the Council and learning and realizing how important family is, we always talk about the next generation, so my decision is going to be based on the next generation that you know I don't have a blood line to enjoy that next generation however I will say for the benefit of this entire island environmentally the bill is not yet ninety (90) days and I do believe that we need to set an example, let it go and if in a year there's new technology or things happen 85 COUNCIL MEETING APRIL 6, 2011 that maybe we can look or consider but for now I am not going to support the bill and for those people out there I want to apologize if it means a lot to people but this is in my heart what I believe is right. Thank you. . Chair Furfaro: Does anyone else like to speak on the bill? Councilwoman Yukimura. Ms. Yukimura: Yes. We make a lot of decisions at this table and we look at information and the source of information is important especially in this day of internet where you can get all kinds of things coming across. So we have to pay attention to the source and the credibility of the researcher and the procedure of research. And yes even when I was in college there was a lot of issue about who's funding research on the college campuses, so it is an issue that we have to look at and if the oil industry supported the research then we have to look at the results accordingly. However even the research that was done by the oil industry. did not conclude that there was food poisoning that resulted from that, it just concluded that there _were a lot of bacteria in the bags but you still have to make the jump from the bacteria to sickness. I think the health issue is not the main issue here and the issue is about us changing our behavior in favor of long term sustainability of life on this planet and we're finding out more and more how toxics can be and it's probably related to some of the long term chronic diseases like cancer and so we have to find ways to remove that or keep it out of our environment and this bill is one (1) way. It's not an entire ban; we still allow it for produce and for other kinds of uses of which there no alternatives. So change isn't easy but if we don't change, it's going to be forced on us like gas at $5.00 a gallon which is going to change our travel habits and thank God we have some alternatives and we need to keep providing alternatives but it's not easy and I feel very humble about that. But I think we have to try to make it as best as we can or else we're in for harder crisis in the future. Chair Furfaro: Thank you. Mr. Bynum did you want to speak again? Mr. Bynum: I've said enough. Chair Furfaro: Okay. And I guess I'm going to ask the Clerk to call for the vote over here. I do want to make sure that you understand there was good interaction, I certainly appreciate Mr. Rapozo bringing this discussion to the table. I think this discussion might be something we might want to revisit a year from now and so forth but let's give this opportunity for us to understand and for lack of any other comparison I mean as it comes to energy and managing sustainability through... you know we're going to have to dance and that takes time. So I think this is the beginning. On that note, I would like to call for the vote on the main motion. The motion for approval of Bill No. 2400 was then put, and failed by the following vote: FOR APPROVAL: AGAINST APPROVAL: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Rapozo, Bynum, Chang, Nakamura Yukimura, Furfaro None None TOTAL - -1, TOTAL — 5, TOTAL — 0, TOTAL — 0. 86 COUNCIL MEETING APRIL 6, 2011 Mr. Nakamura: Five (5) nos, the motion dies. Chair Furfaro: Thank you for that and Mr. Rapozo thank you very much for introducing the bill for us to begin to have some dialog about our direction. On that note, I think we've arrived at our last item, am I correct? Okay and I'm going to call up the County Attorney. There being no objections, the rules were suspended. ALFRED B. CASTILLO, COUNTY ATTORNEY: Good afternoon Council Chair, Councilmembers. The last three (3) items are for your consideration are Executive Session ES -480, ES -481 and ES -482. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S. ") §92 -7(a), the Council may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92 -4 and shall be limited to those items described in H.R.S. §92 -5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES -480 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing regarding matters relating to Kapaia Swinging Bridge. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES -481 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing regarding matters relating to the State of Hawai`i's Office of Civil Defense. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES -482 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing regarding matters relating to Bill No. 2395, A Bill for an Ordinance to Amend Chapter 3, of the Kauai County Code 1987, as Amended, Relating to the Salaries of County Officers and Employees. This briefing and consultation involves consideration of the powers, duties, privileges, immunzt es and/or} a irl trek of the -Council and the my as the„v relate to this ---- -- agenda item. The meeting was called back to order, and proceeded as follows: Mr. Bynum moved to convene in Executive Session at 4:27 p.m., as recommended by the County Attorney, seconded by Ms. Yukimura, and unanimously carried. 87 COUNCIL MEETING APRIL 6, 2011 There being no objections, the meeting was in recess at 4:27 p.m. ADJOURNMENT. The meeting was called back to order at 6:31 p.m., and there being no further business, the meeting was adjourned. es tfull su mitted, PE ERA. NAKAMURA County Clerk /ds April 6, 2011 FLOOR AMENDMENT BILL NO. 2400, Relating to Plastic Bag Reduction Introduced by: Nadine Nakamura Amend Bill No. 2400 in its entirety to read as follows: "SECTION 1. Findings and Purpose. The production and use of plastic checkout bags have significant impacts on the environment, including, but not limited to: contributing to unsightly litter; creating an additional burden on the landfill; ' contributing to potential death of marine animals through ingestion and entanglement; and requiring the use of millions of barrels of crude oil for their manufacture. The Council of the County of Kauai finds and declares that to preserve the health, safety, welfare and scenic beauty of Kauai, the distribution of plastic checkout bags should be regulated and prohibited. The purpose of this legislation is to encourage customers to bring their own reusable bags when shopping. If the customer forgets to bring their own bag, or chooses not to, this ordinance does not prevent the retail establishment from providing recyclable bags for sale. This ordinance does not prevent food service D6400 standard. This effort will lessen the negative impact on our environment caused by plastic [shopping] checkout bags. Produce bags in grocery stores will still be permissible. SECTION 2. Chapter 22, Article 19 of the Kauai County Code 1987, as amended, is hereby amended [by adding a new Article 19 to be appropriately designated and to read] as follows: "ARTICLE 19. PLASTIC BAG REDUCTION Sec. 22 -19.1 Definitions. As used in this Article, unless the content clearly requires otherwise: [ "Biodegradable bag" means a bag that is made of a degradable plastic in which the degradation is caused by naturally occurring microorganisms such as bacteria, fungi, and algae.] A4kA neA-I I 00 "Food Service Establishment" means any building, vehicle, place, or structure, or any room or division in a building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another location for consumption. This term includes, but is not limited to restaurants; coffee shops; cafeterias; short -order cafes; luncheonettes; taverns; lunchrooms; places which manufacture wholesale or retail sandwiches or salads; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; and catering establishments. "Checkout Bag" means a bag that is provided by a retail establishment at the checkstand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Checkout bags does not include bags provided solely for produce, bulk food, or meat at a produce, bulk food or meat department within a grocery store, supermarket, produce or meat market or other similar retail establishment. "Recyclable Paper Bag" means a bag that meets all the following requirements: (1) contains no old growth fiber[;] and (2) is one hundred percent (100 %) recyclable overall and contains a minimum of forty percent (40 %) post - consumer recycled content[; and (3) displays the words "Reusable" and "Recyclable" in a highly visible manner on the outside of the bag]. "Retail Establishment" means any commercial business facility that sells goods directly to the ultimate consumer, including, but not limited to, grocery stores, pharmacies, liquor stores, "mini- marts," and retail stores and vendors selling clothing, food and personal items. Retail establishments shall not include fundraisers by organizations classified under Section [501(c)] 501(c)(3) of the United States Internal Revenue Code or non - incorporated community booster organizations. "Reusable Baggy" means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth or other machine washable fabric and/or is made of a durable material at least 2.25 [millimeters] mils thick and suitable for reuse. Sec. 22 -19.2 Mandatory Use of Recyclable Checkout Bags. (a) All retail establishments shall provide only the following as checkout bags to customers: recyclable paper bags[, biodegradable bags] and/or reusable bags. [c] (c) Nothing in this ordinance shall preclude any retail establishment from offering checkout bags for sale to customers. Sec. 22 -19.3 Enforcement and Penalties. (a) The County Engineer or designee will have primary responsibility for enforcement of this Article through the issuance of violation notices and requests to correct or cease the violation. The County Engineer or designee is authorized to 2 promulgate regulations and to take any and all other actions reasonably necessary to enforce this Article, including, but not limited to, entering the premises of any affected Retail Establishment to verify compliance. (b) Should the retail establishment fail to comply with the requirements of this Article after reasonable notice by the County Engineer or designee, the County Engineer or designee may seek administrative imposition of a fine. The owner or legal entity holding title to the retail establishment found in violation of this Article shall be subject to civil penalties as follows: (1) $250.00 per day for the first notice of violation, (2) $500.00 per day for the second notice of violation within 365 days of the first notice, and $1,000.00 per day for the third and subsequent notices of violation within 365 days of the first notice. (c) The County Engineer or designee must afford the Retail Establishment the opportunity for hearing before a hearings officer under Hawaii Revised Statutes Chapter 91. Sec. 22 -19.4 No Conflict with Federal or State Law. Nothing in this Article shall be interpreted or applied so as to create any requirement, power or duty in conflict with any federal or state law. Sec. 22 -19.5 Exemptions. Situations where compliance with the requirements of this Article would deprive a retail establishment of any rights to which it would. be entitled." SECTION 3. Severability. If any provision of this Article, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are severable. SECTION 4. This ordinance shall take effect upon its approval." (New material to be added is underscored. Material to be deleted is bracketed.) (V: \CS OFFICE FILES \AMENDMENTS \2010 -12 term \Bi112400 FA 4 -6- 2011 - nkn.doc) 3