The URL can be used to link to this page

Home My WebLink About04/20/2011 Regular Council MeetingCOUNCIL MEETING April 20, 2011 The Council Meeting of the Council of the County of Kauai was called to order by Council Chair Jay Furfaro at the Council Chambers, 3371 -A Wilcox Road, Lihu`e, Kauai, on Wednesday, April 20, 2011 at 9:39 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang Honorable KipuKai Kuali`i Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro, Council Chair APPROVAL OF THE AGENDA: Mr. Bynum moved to approve the agenda as circulated, seconded by Mr. Chang, and unanimously carried. Council Chair Furfaro: I do want to say that we're going to take a few things out of order, if you don't mind. I want to excuse the chief engineer by doing a deferral on two items. So be ready to acknowledge that. If I can, may I have an approval of the minutes of the March 23rd meeting? MINUTES of the following meeting of the Council: Council Meeting of March 23, 2011 Mr. Rapozo moved to approve the minutes as circulated, seconded by Mr. Chang, and unanimously carried. Council Chair Furfaro: Thank you very much. The first communication, could I have it read, the first one on the deferral for Larry Dill? COMMUNICATIONS: Mr. Nakamura: The first Communication is 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 Islandwide Road Resurfacing Program. Council Chair Furfaro: Thank you, Mr. Dill, could I have you for a moment up front, and I did hear two members here that wanted to give testimony on this, but they have left the area. Perhaps they're aware of the administration's request for a deferral. I think we've shared the copies with everyone. Mr. Dill, we want to do this appropriately when it comes to the islandwide resurfacing, so I do want to tell you, as well as the administration, that the new date will be May 4th, but I will not allow any further deferrals. There being no objection, the rules were suspended. LARRY DILL, County Engineer: Understood. COUNCIL MEETING - 2 - April 20, 2011 Council Chair Furfaro: Okay, any questions of Mr. Dill before ... Mr. Bynum? Mr. Bynum: I appreciate the communication we received this morning and the commitment to doing the repairs in conjunction with our road resurfacing, and if that means we need more money or fewer miles, it's going to get done. To get them done properly is really appropriate, so thank you for moving quickly on this. So this is a very appropriate deferral because I know you're working on it. Mr. Dill: Right. There being no further questions, the meeting was called back to order, and proceeded as follows: Council Chair Furfaro: Okay, Mr. Dill, this will be our third deferral. No more after this. The money part is not the big hurdle here. The big hurdle is making sure that you have this tiger by the tail with your plan that you come back to us for on May 4th. So all those in favor of the deferral... Mr. Rapozo: We gotta make the motion. Ms. Nakamura moved to defer communication C 2011 -76, seconded by Mr. Rapozo, and unanimously carried. Council Chair Furfaro: Thank you very much. Mr. Dill, we'll see you on May 4th. Okay, another item for those that are in the audience, please read 2011 -111. Mr. Nakamura: Council Chair, C 2011 -111 is a communication for receipt from the chair transmitting for council consideration and confirmation appointee Nancy McMahon to the Kauai Historic Preservation Review Commission. C 2011 -111 Communication (03/17/2011) from Chair Furfaro, transmitting for Council consideration and confirmation, appointee Nancy Ann McMahon to the Kauai Historic Preservation Review Commission: Mr. Rapozo moved to receive C 2011 -111 for the record, seconded by Mr. Kuali`i. Mr. Rapozo: Mr. Nakamura: Council Chair Furfaro: Mr. Rapozo: Mr. Clerk, did you say 109? 111, councilmember, sorry. I'm asking that to be deferred. We're going to defer the reso? Council Chair Furfaro: Yes, but I wanted people to know that we're going to defer. I'm going to have it in the discussion. Mr. Rapozo: Okay, but did you want the communication deferred as well or just the reso? The communication? Council Chair Furfaro: Mr. Clerk, I want you to give some dialogue on this. COUNCIL MEETING - 3 - April 20, 2011 Mr. Nakamura: Yes, I think we can receive the communication and defer the resolution, Mr. Chair. Council Chair Furfaro: Thank you very much. Okay, so there's a motion to receive. Do I have a second? Mr. Kuali`i: Second. Council Chair Furfaro: Thank you. For those of you in the audience, the plan is when we get to the resolution to actually move to defer. Mr. Rapozo: Thank you. The motion to receive C 2011 -111 for the record was then put, and unanimously carried. Council Chair Furfaro: Thank you very much. Let's go to 2011 -110. Mr. Nakamura: Council Chair, next communication is from Bev Brody, Get Fit Kauai Island Coordinator. C 2011 -110 Communication (01/24/2011) from Bev Brody, Get Fit Kauai Island Coordinator, requesting agenda time to present the implementation of County -based complete streets policies, with the assistance of representatives of the National Complete Streets Coalition, a national advocacy organization that helps jurisdictions learn how to meet the challenge of balancing all user needs of complete streets. Council Chair Furfaro: Thank you very much. Is Bev here? Yes, thank you very much. I'm going to suspend the rules, Bev, and I guess we're also going to have planning come right after you. So Bev, the rules are suspended so that you may address us. Go right ahead. There being no objection, the rules were suspended. BEV BRODY, Get Fit Kauai Island Coordinator: Good morning. Ms. Yukimura: Good morning. Council Chair Furfaro: Good morning. Ms. Brody: My name is Bev Brody and I am the Get Fit Kauai Island Coordinator, and our mission is to create a physical environment that is healthy to our community, as well as creating access to healthy foods. And one of our missions is to actually incorporate active transportation in daily life and one of the ways to do it is through complete streets. Mel, you don't want to miss this. Mr. Rapozo: I'm going to move because they're going to... Ms. Brody: Oh, okay. (Inaudible.) (Laughter.) COUNCIL MEETING - 4 - April 20, 2011 Ms. Brody: Please, by all means have a seat, Mel, good job. Through the Communities Putting Prevention to Work Grant, Get Fit Kauai has been able to secure the technical assistance of the National Complete Streets Coalition of which we've been able to bring three experts, of which one is Paul Zykofsky. Close enough? Council Chair Furfaro: Very good. Ms. Brody: Thank you. And this is actually a continuation of on September 15 the county council passed a resolution, a complete streets resolution and so what we're doing now is bringing in experts to help us move along in that direction. And without further ado, I'd like to introduce Paul Zykofsky, AICP, Associate AIA, which is an associate architect. PAUL ZYKOFSKY, Associate Architect: Thanks, Bev. Councilmembers, honorable councilmembers, chair, thank you for having us here and for inviting us. It's a great honor and pleasure to be here. Council Chair Furfaro: Paul, before you go any further, for the record I do need you to introduce yourself. Although Bev did an outstanding job, we need you to do that again. Mr. Zykofsky: Will do so, Paul Zykofsky with the Local Government Commission, a nonprofit based in Sacramento, California. I have a PowerPoint presentation that is an introduction on complete streets and the importance of why we should be doing this. I want to start out by just commending you for the adoption of the resolution last year that put complete streets very clearly on the agenda for the island of Kauai. And at this point I'll start with the images on the screen. Unfortunately we see a lot of streets that look like this around the country. This may not be Kauai. It happens to be Missoula, Montana. There's one pedestrian. You may be able to see the one pedestrian. Okay. great. Council Chair Furfaro: Excuse me, Paul. Has someone gone for the lights? Mr. Zykofsky: Oh, it is possible to turn the lights off? Oh, that's Council Chair Furfaro: We're going to get that now. Mr. Zykofsky: I didn't think in this... Council Chair Furfaro: No, no, they're all the way on the other side of the building. Mr. Zykofsky: Okay, great, that'll help. You may see the one pedestrian that's still able or trying to cross the street in Missoula, Montana. My friend Dan Burden, who took this photo, said that he went back three days later and this person was still standing there. (Laughter.) And unfortunately that's the situation that we've created with a lot of the streets in our communities. And what we're trying to do with complete streets is just simply say that streets, really the right -of -way, the public right -of -way needs to be safe, comfortable and convenient for travel whether you're in a car, on foot, by bicycle, or by transit. We know how to build correctly for all users. COUNCIL MEETING - 5 - April 20, 2011 This happens to be a complicated intersection. It's in Boulder, Colorado and yet it accommodates the motorists, the pedestrians, the bicyclists. Everybody is able to get through it. And yet we're still seeing many roads built like this one, where —it's hard to see in this picture —but there's actually a pedestrian trying to cross this recently expanded highway or roadway in Illinois. So what we're trying to do with complete streets is provide, again, for all the different users and especially also emphasize the importance of traveling for children, who are not able to drive, as well as for seniors and folks with disabilities who may have a challenge getting around in their communities and may not be able to get around by car. With a complete streets policy what we're trying to do is ensure that the entire right -of -way is designed and designated for all users. This is again the public right -of -way, the public realm that needs to be there for everybody to use. So instead of having a situation like the one we just saw, we have a place for somebody who wants to walk there as well. There are a lot of reasons to have a complete streets policy. First of all we want to make it the default for the everyday transportation planning practices. We shouldn't have to prove that pedestrian, bicycle, and transit facilities are needed. Instead we should assume they're needed unless proven otherwise, and there are, in many policies, exemptions and exceptions for why we would not build a complete streets. We also recognize that a lot of different projects take place on the road. There may be resurfacing projects;' there may be sewage projects; there may be new construction happening and you want to take advantage of all those opportunistically to make the road more complete. So in some respects complete streets is really more of a verb than a noun. It's about completing the street and taking advantage of every opportunity that you have to make the streets more complete. In many cases it's ensuring that existing funds are used differently or more holistically, where every project where you touch the street makes it a better street. We know that this will save money. It's often a lot more expensive to have to go back and retrofit a street and add things in than doing it correctly the first time. So especially if you're building new streets, you want to try to establish some good standards so that you get the complete street at the outset and don't have to worry about going back later to put in curb ramps or sidewalks or whatever is needed. We're also, of course, talking about a network of roads that serve all users. It doesn't help if we have a bicycle lane that just dies out that doesn't connect to something else. So we want to think about how we create that connected network, as we see in the top right of this slide, that actually makes it possible for people to walk and bicycle in their communities. We know from surveys that have been done around the country that most Americans would rather drive less and walk more. People are getting tired of getting stuck in traffic; they're getting concerned about the impact of gas prices on their budget. We know that transit is growing faster than the population or driving numbers. There was an article in today's paper, in your local paper about the increased use of your transit system because of increasing gas prices, and we have to remember that about a third of Americans don't drive: children under 16, if we can count them; if we count the folks over 65 who no longer drive; low- income Americans; disabled and so on that can't afford or are not able to drive. So it's a significant portion of the population. COUNCIL MEETING - 6 - April 20, 2011 This is what survey responders tell us they'd like to see in terms of how we spend our dollars on transportation: 37% for roads, public transportation, bicycling and walking. Unfortunately the reality today is that we spend about 1% for bicycling and walking, and the vast amount of the spending is on roads. We're not saying that we should stop spending on roads for automobiles. We're simply saying that there needs to be a better balance here. And the good thing with bicycling and walking projects is that the marginal increase is much smaller than building say, a mile of a roadway. Adding sidewalks is a small added cost, for example, when you build a roadway, than the road itself. There are a lot of benefits to complete streets. Of course for older Americans, there are many who have given up driving, many stay at home on a given day because they don't have transportation options, and again, surveys show that folks living in those neighborhoods say they'd walk and ride more if things improved. We've all been talking a lot about health and the obesity epidemic in this country. We're stuck in traffic, and we have been much more sedentary, and we're seeing significant increases in diseases associated with that sedentary lifestyle with obesity, diabetes, high blood pressure, and so on. I'm sure you've seen the maps of how the rates of obesity and how they've increased in the U.S. over the last just two - and -a -half decades. It's just a scary thought. One thing to consider is that a recent study by the CDC mentioned that one - third of children born today can be expected to get diabetes in their lifetime, one- third. If you ask a doctor, what was it a generation ago, it was closer to 1 in 50 people born. So that is a scary proposition and we have to get our children and the whole population more active and healthier. Of course, physical activity, residents are more likely to walk in a neighborhood with sidewalks. Cities with more bike lanes have higher levels of bicycling. And we also find that folks who use transit already get the physical activity that the medical profession recommends as part of their normal walking to and from the bus. So that's part of that health equation as well, getting that physical activity that supports a good lifestyle. Safety, we know that sidewalks can reduce pedestrian crashes significantly. Medians is another tool that can be used. Road diets where we go typically from four lanes to three reduce crashes. Countdown signals, all of the techniques that are used in making the street more complete also make it safer, save lives and reduce injuries. Of course, there are a lot of benefits for folks with disabilities who aren't able to get around, except on their own or through paratransit. Paratransit can be very expensive, compared, for example, making a transit stop accessible. These figures come to us from the State of Maryland. And of course there are the benefits to the environment: fewer emissions, less noise, less wear and tear on our roads, and less need to widen roads. One of the big benefits, of course, is this issue of less need to widen roads. A lot of our trips in metropolitan areas are short trips, less than three miles. Fifty percent of those trips are less than three miles. Twenty -eight percent are typically less than one mile. A three -mile trip is an easy trip by bicycle; 10, 15, 20 minutes you can make that trip. A one -mile trip, again, is a 15420- minute trip by walking. So if we could simply address those types of trips and create an environment where people can, again, not have to use their car for those short trips that can help reduce the need to widen roads and reduce the traffic on our roads. COUNCIL MEETING - 7 - April 20, 2011 We also know that these well- designed multi -modal streets increase the value of the properties along them. A great street will also support higher value of economic activity along that road and will attract people. It's more accessible to get to those places. It's a great way to revitalize a commercial area, for example, is to start out by really changing that street and making it a great street that people want to come to. Again the cost issue is a big one. We're seeing transportation is already the second largest expense for most American households and as we know, the costs are rising and unlikely to drop more than by a few percentage points. I also want to emphasize that complete streets is not a design prescription. There is no one design that I can point to and say this is a complete street. It's very dependent on the context in which you're in. We're also not proposing a mandate for immediate retrofit. We recognize this is a process that will take time, but we need to start somewhere. We shouldn't be postponing that any longer and of course, if you want to create a walkable community, there are other things that you should try to do like better land use planning, mixing of uses, proper density, you need to also be addressing environmental concerns, you need to be thinking about how we can reduce vehicle miles traveled, but complete streets is an important part of that. It will help in many, many ways. Again, one size doesn't fit all. It doesn't mean that every street has sidewalks, bike lanes, and transit. There is no magic formula. This is, for example, a slow speed shared street. You don't see a lot of markings on it. But because the speeds are slow, the bicyclists mix in well, parking occurs there, you can see a lot of people on the sidewalks, a lot of economic activity. In this case, a simple one project, this median refuge crossing completed the street by making it easier for children in that neighborhood to get to school, from one side of this neighborhood to the other. In rural areas and I'm very aware of the fact that you have a lot of rural areas here, the shoulders provide the completeness on those rural roads and I've added a few additional images here just to emphasize that. For motorists that shoulder provides the room to avoid crashes, for bicyclists it's a place to ride, for pedestrians it's a place to walk. So if you're in a rural area where sidewalks would not be the appropriate response, then a good paved shoulder may work or the other option to consider is a parallel trail where people who are not in the car can walk or bicycle on the parallel trail. At a certain point, as you will see in this image, as you start seeing more people, in this case it looks like high school kids walking to school, sidewalks are needed. You're entering into an urban area. There is more activity there, there's more traffic, and when you see the goat trails, that tells you sidewalks are needed here; we can't just get by having people walk in the dirt. Here is another example of a complete street. This is on a busy multi -modal thoroughfare, probably more of what people would think of as a complete streets because it has the travel lane, it has the bicycle lane, the sidewalk, you see transit here, and so on. And then of course suburban areas may also have more complete streets. It may not be the place where a lot of people may walk or bicycle, but it's still a place where you want to accommodate movement by all people trying to get around that community. In residential areas we discourage putting in bicycle lanes because we don't want the streets to be too wide. We prefer narrower streets where the speeds are slow and people can just bicycle in the lane. So a residential skinny street works well. And there may be places on the island where you have a very low traffic COUNCIL MEETING - 8 - April 20, 2011 street, where simply the street itself becomes the place where people walk, ride a bike, and drive. When there's not a lot of traffic and slow speeds, that can work very well also. And finally historic main streets can be challenging because there may not be a light of right -of -way there, but we can still make those work by having the space. If the speeds are slow or they typically are, you can actually designate that travel lane as a shared lane, where a bicycle can take the lane. A (inaudible) is marked on the lane. This is a marker on the lane that indicates that bicycles are sharing that lane with the motorists. Funding, obviously, often becomes a big issue. I'm about to wrap up on this. We believe that a lot of the work in completing the streets can be done with existing resources. While it would be nice to have additional resources, we don't believe that that's necessary. We think a lot of the projects that are routinely done, either to build new streets or to maintain our existing streets, are opportunities, as I said earlier to take that opportunity, to make the street more complete. This is a national movement. This is a map just indicating the states that have state policies, local policies and both. Here in Kauai you have both a state and a local policy, which I think is great. Many states are moving in this direction. We're seeing the number of complete streets policies increase exponentially year -to- year. We're seeing a large increase every year and I think this is really something that the time has come. For many years we have been building our streets primarily for mobility by car and I think we're now recognizing that we have to provide for mobility for all users. Finally, this is the shameless pitch for the National Complete Streets Coalition, which is a national coalition that has been working on these issues for the last five years. A lot of information on the website and again, I think Bev may want to mention the workshop we're having tonight as well as tomorrow we'll be working with your staff on ways to help you implement that complete streets policy that you adopted last year. At this point, if there are any questions, I would be happy to entertain them. [Applause] Council Chair Furfaro: Paul, where is the workshop tonight? Mr. Zykofsky: I'm going to defer to one of the locals here. Ms. Yukimura: I think it's at the convention hall, right, Bev? Mr. Zykofsky: Convention Hall? Ms. Yukimura: At 6:00? Ms. Brody: 6 to 8 p.m. Ms. Yukimura: 6 to 8 p.m. at the War Memorial Convention Hall in Lihu`e. We invite everyone to come. I hope some people are watching and will join us tonight. COUNCIL MEETING - 9 - April 20, 2011 Council Chair Furfaro: Okay, thank you very much. Paul, that was a very nice presentation and thank you very much for the definitions that deal with new approved subdivisions or areas versus the approach to retrofitting by two different areas. Councilwoman Yukimura. Ms. Yukimura Kauai, Paul. Mr. Zykofsky: Ms. Yukimura: the Local Government... Mr. Zykofsky: Ms. Yukimura: Mr. Zykofsky: correct. Yes, I just want to say it's wonderful to see you on Thank you. Thank you, JoAnn. Glad to be here. I've seen Paul at all the Smart Growth conferences, Commission. ... Commission, which you are part of Yes, I work at the Local Government Commission, Ms. Yukimura: Yes, it's the sponsor of the Smart Growth conferences and as you can tell by the PowerPoint that Paul has presented, they do remarkable work in education and smart growth discussions. So thank you, thank you for being here. I'm going to hold back on my questions to let others talk. Council Chair Furfaro: Well, we can do two things here. Paul, if you're available to stay in the audience, we might actually take some public comments that may require you to come back to help address some of the questions that might come up from the public as well. Mr. Zykofsky: Sure, I'd be happy to do so. Council Chair Furfaro: So if that's okay with everyone that's how I'm going to approach it. Is there anyone in the audience that would like to give testimony on the agenda item as well as the presentation? Carl? CARL IMPARATO: Aloha, Councilmembers, my name is Carl Imparato and I'm speaking on behalf of the Hanalei to Ha`ena Community Association. We have two significant concerns regarding the complete streets program, at least as it's described in the resolution that was adopted by the county last September. We believe that complete streets policies would certainly be useful in some places, but we're worried that the current program may be unbalanced and overreaching, that it favors sidewalks, curbs, bike lanes, paved shoulders over rural character and values; that it favors urban amenities over rural qualities; and that it may disempower the residents of our communities. So the first concern is that the resolution as passed reads like a broad mandate for the county to move forward with paving rural communities regardless of the desires of the affected communities. I'm not saying that we are opposed or in favor of any particular action item that might come out of the complete streets program. But what needs to be acknowledged is that what's good for urban communities like Lihu`e or Kapa`a may not be good for rural communities like Hanalei. And rural communities having bicycles and cars share roads and highways is not necessarily a problem, as the speaker indicated, and having people walk on grassy shoulders rather than paved shoulders is not necessarily a problem COUNCIL MEETING _10- April 20, 2011 either. To the contrary, widening and paving shoulders, as the speaker indicated though on the other hand, for pedestrians and bicyclists, can encourage faster traffic and that is just the opposite of what we believe we need in our community, where we need traffic calming measures and I think that's probably true in general in rural areas. So it's important that urban objectives, those that are related to the desirability or necessity of sidewalks, for example, should not be imposed on rural communities such as Hanalei. The complete streets resolution, as it was passed, doesn't give any acknowledgment to the importance of preserving the rural value of communities, roadways and scenic resources. There are a limited number of exemptions in the resolution, cost and others, but saying that the preservation of a rural environment is not in that resolution. The second issue is that we're concerned that local communities, rather than state or county agencies, should be the primary decision makers when it comes to determining the way their community is developed. We're concerned that the complete streets program will be used as a club to allow state or county government to dictate to communities like Hanalei, Wainiha or Ha'ena that our streets, highways and walking areas must meet complete streets standards that are appropriate for Lihu`e and possibly not for our communities. Policies like this shouldn't be forced on any community and so we believe that they shouldn't even be considered actually unless they are requested by the community. Decisions about street and highway projects, including decisions about the desirability of sidewalks, shoulders and bike lanes, can have a very big impact, as you realize, on the way a community looks and feels, and so we believe that those decisions should be community- driven. They should be accepted by the community, requested by the community, and not be imposed from the outside. WILMA AKIONA, Council Services Assistant: Three minutes, Mr. Chair. Mr. Imparato: I'll wrap up. Council Chair Furfaro: No, no, no, please continue. I'll give you your other three minutes. Go right ahead. Mr. Imparato: Thank you. So if a local community feels that implementing complete streets standards, policies, or principles would have undesirable impacts, including impacts on the rural nature of the community, then the complete streets program should not be applied there. So in conclusion, we're concerned that the complete streets program, not inherently but at least as the way it was described in the September resolution, seems to be insensitive to both the rural environment and to local community values. The exemptions in the complete streets resolution, as I said earlier, they speak to cost, they speak to safety, but they don't speak to having the local communities' desires be preeminent. So we're concerned that a program that moves forward like this, a program where basically you start without acknowledging the importance of things like rural values, without acknowledging the importance of community- driven projects. We're concerned that if a program like complete streets starts that way that there's going to be conflict down the road. So for those reasons, we feel it's important that the council and the administration recognize and acknowledge that complete street policies and principles should be implemented only on a case -by -case basis and only where they're consistent with the desires of the affected communities. Again, this is not to say anything bad about the program per se. It's not say that Hanalei or our communities are opposed to sidewalks or in favor of sidewalks or traffic lights, but the issues here are respecting the fact that rural environments have a value that's inherent, just like safety is inherent, just COUNCIL MEETING _11- April 20, 2011 like cost is inherent, the rural environment has a value that should be acknowledged, and also recognizing that local community inputs should have primacy. Thank you very much. Council Chair Furfaro: Thank you, thank you, Carl. Let me see if there's any questions of you, but before I do, I want to see that you agree with this being two parts. One part is new subdivisions are approved and so forth, it would be very important for us to consider these amenities as new subdivision processes go in. I think you would concur with that. Mr.Imparato: Now it's my personal opinion, I'd say that in general, that even in new subdivisions we should be asking the question. If the new subdivision is in Lihue, that's one thing. If it's a new 20 -home subdivision in Wainiha or something, it's still a legitimate question whether to preserve the rural environment or would we want to have sidewalks there or not. So while I agree in general with the goals of the program, I still think that in the rural environment, some of the things that are discussed may need to be tweaked and not be implemented in order to preserve just the nature of new subdivisions in rural communities. Council Chair Furfaro: Okay. So I wanted to clear that point and the other part. For myself, I remember Hanalei when we didn't even have street names, you know. I mean that's when I was a young lad and I had hair then, too. (Laughter) But I think your points are well- taken. We have very important spots, Cold Pond, Limahuh, the stream right next to the bridge and the pond, all of those have to be considered. So I just want to make sure that you understood that on the rural and historic spots, obviously, there would have to be discussion within the community. On that note I will recognize Mr. Rapozo. Mr. Rapozo: Thank you, Mr. Chair, I think he answered the question that you posed. I just want to say I look at the goat trail slide and it kind of scares me because there are many goat trails here on Kauai and I think they are very important and unique to Kauai. I look at that slide and I agree with you. I think the complete streets program is a good program. I think it will help out tremendously, but when I look at that goat trail slide and I envision that being covered by concrete, I hesitate a little bit because I think a lot of our culture is those goat trails. And when I see that and to think that we would cover that with concrete, I don't know if I could go along with that. But I agree with your sentiment that I think the community should decide whether or not we're going to put sidewalks over goat trails or similar to that, especially in those rural areas like Hanalei. We were there last night and I'm almost thinking we should try to get a conceptual drawing if we implemented complete streets in Weke Road and that Hanalei area. What would it look like? I would love to see that and I don't know if anybody can ... if planning or someone could do that, but I'd love to see what complete streets would look like if we implemented the provisions of complete streets in that area. I'd just love to see what it looks like because it's a mess right now and it's not a safe place to be. So if that's possible, I don't know if it is, but then again I agree with you, Carl, that the community should decide whether or not we move forward or we don't. That's just my opinion. Thank you. Council Chair Furfaro: Councilwoman Nakamura. Ms. Nakamura: Thank you, Carl, for expressing those concerns. I think the opportunity that we have here, as we update our development plans for the island, is to use that as an opportunity to identify areas where we want to promote complete streets. The areas where there's high potential for pedestrian COUNCIL MEETING -12- April 20, 2011 movement, bicycle movement that ties into activity centers around the community, and then to identify those areas, like you said, where we want to preserve rural character, where the community has identified that these are areas that maybe a sidewalk would change the character of the community or we may not want to widen that bridge because of the historic character. So I think your point is well - taken, and I believe that the development plans are where we can translate the community's vision and interests into some sort of concrete plan. So thank you. Council Chair Furfaro: Okay, on that note, I'm going to recognize Councilwoman Yukimura and at the same time Vice - Chair, I'm going to step out, so I'll leave the meeting with you for a few moments. Chair Furfaro was noted as excused at 10:14 a.m. Ms. Yukimura: All right, thank you, Chair. Carl, I just wanted to ...I think Paul might bring it up when up he comes back, but one of his slides showed many types of complete streets, the low traffic street where people walk right in the middle of the street and I remember from my childhood days doing that from Cold Pond to the end of the road to Kee Beach and people still do that, except at peak tourist time where the parking lot is like a shopping center parking lot. So I think the complete streets and we're all just learning what it is about does encompass what you're thinking about and I love Councilmember Nakamura's idea that development plans might be the place where we really deal with that and translate community vision and thought into plans and specifications for how we want our roads and streets to be. Mr.Imparato: As you're aware and maybe not everyone, Route 560, Kuhi`o Highway from Princeville all the way to Ke`e is designated a historic corridor and the part of the road from Hanalei Town out to Kee is designated in that plan as being a multi -use highway. In other words, it's supposed to be a shared -use for cars and bicycles. Ms. Yukimura: Yes. Mr. Imparato: And so on the one hand if people say complete streets means that 6 -foot wide paved shoulder that we saw in one of the slides, that's, I think, a very bad thing. First of all it conflicts with the Route 560 plan which says no highway widening. Second of all, that's just going to encourage people to go faster, that the lines don't mean anything, right? People just see a wider path and they drive on them. But secondly, if complete streets, on the other hand, recognizes that fact and says well, what we need to do is some of the things that we saw in the other slides, like narrowing things and making people more aware that the road is shared by bicyclists and all, and that's fantastic. And so to me, it's just a question of awareness that rural values and community input are very high priorities. Ms. Yukimura: Well, we'll ask Paul that question when he comes back and that road is a very special stretch and there've been wonderfully creative thoughts about it, the idea of a shuttle that have cars park up at Princeville and then people take a shuttle. There have been citizens who have talked to me about the need in Hanalei Town for a continuous path for pedestrians, because there is not a complete sidewalk there. That may be appropriate, but those are the kind of discussions we'll have. And I think Councilmember Kuali`i has a question or comment. COUNCIL MEETING -13- April 20, 2011 Mr. Kuali`i: Aloha and mahalo, Carl, for your testimony. Your two points are so well -taken and I think it's probably an instance of failing to mention the obvious because I know all the people behind this movement, including myself. Of course we want the preservation of rural nature and of our communities. And of course we want it to be community- driven. The whole motivation behind this movement is to make it better for our people, to make it better for our families, to make it better for our children. It's about public safety. It's about our health. It's about having options available that improves the quality of our life. So of course, if the specific language is not in the resolution, I would imagine the council before me intended that as well. Your points are so well -taken and I appreciate them. Thank you. Mr. Imparato; I'm happy that you feel that way. Ms. Yukimura: Thank you. Any other questions of Mr. Imparato? If not, thank you very much, Carl. Mr. Imparato: Thank you. Ms. Yukimura: Other testimony? Mr. Gegen. PAT GEGEN: Thank you, for the record Pat Gegen. Overall, I do support the complete streets idea and I really appreciate seeing the different slides that a complete street does not always mean you've got 20 feet dedicated to bikes and pedestrians and stuff like that. But with that, I'd like to just give you a couple anecdotals. My mother -in -law is here right now at the age of 82, and she wanted to go and pick up my daughter today after school. We only live a mile away from school in Kalaheo. We have horses going up and down the street. Horses right down in Kalaheo Town, you can't get much more rural than that, but trying to walk on Papalina Road, I would not let my mother -in -law do that and that's the only way to get to school. We do need to do some things about some of these areas out here. I would not allow my daughter to ride her bike on Waha Road, which is supposed to have a speed limit of 25, okay. It's too scary. And I do have to thank the Kauai Police Department. I gave them the option of parking on my shoulder anytime they want to look for speeders and they've taken me up on that. So they're up there about once every week or so, which has helped slow things down. But I still would not allow my daughter to go up there. The second thing is every once in a while on Mondays, I like to go from Kalaheo down to the Koloa Farmers Market with my bike. I've got my bags on the back and everything, and Koloa Road, again, maximum speed limit is supposed to be 35 there. There is no shoulder on there. I can tell you it's very scary riding on that road. Not going downhill because I can keep up with 35 going downhill to get there, but when I'm coming back from Koloa, riding my bike on that shoulder, it doesn't scare me. The cars that wait for nobody else to come. It's the cars that think that they can sneak by me while a car is coming from the other direction. I mean I'm as stable as I can be on my bike, but it is scary. And so there are areas that need something, including some rural areas that people want to use for other types of travel. In Kalaheo, again, the bus stops a mile and a half away from our house. My daughter, my mother -in -law can't get to the bus stop to get around. She lives in Los Angeles and that is all she takes is public transportation at this point. But she can't get around on Kauai and she said, can I get a cab to take me from our house over to Kalaheo School to pick up my daughter. I don't know how many cab companies want to come from Lihu`e to drive a mile, pick up the daughter, and go back? So, anyway, I do support complete streets and I hope that we can find good COUNCIL MEETING -14- April 20, 2011 resolutions, including those rural areas. I love having the horses go past my house. I don't want that to stop, but I'd also like it to be safer for the pedestrians, for the bikers, and for people who are looking for alternative means of transportation. So thank you very much. Ms. Yukimura: Thank you for that testimony. I think there's a question from Councilmember Chang. Mr. Chang: (Inaudible.) Ms. Yukimura: Oh, okay, he has a comment which he'll save for later. Anybody else? If not, thank you very much, Pat. Mr. Gegen: Thank you. Ms. Yukimura: Any other testimony from the audience? Of course, Mr. Mickens, then Mr. Taylor. GLENN MICKENS: Thank you, JoAnn, for the record Glenn Mickens. First I want to thank Paul for his fine presentation. I thought it was outstanding. My question is how do we change the commuting habits of people to use bikes and buses and where will funds come from to change the infrastructure to accommodate this complete streets plan? How many people in this chamber will use a bike or a bus to commute, including all of you members sitting at this table? The private vehicle is here to stay and will not be substituted. I agree with Carl 100% that unless the people want the complete streets program, it should not be pushed on them. We could do away with fossil fuels too if we want to turn back the clock 100 years and go back to the horse and buggy, but we're not going to do that. The mass of the people will continue to use their vehicles to commute and any factual data will verify that. Bike lanes were built along our highways long ago. For lack of use, they have been narrowed by widening highways for vehicular use. Complete streets may work in some rural areas, I agree. It's been shown. But I have my doubts that it's going to work here on Kauai. Again, with this dire downturn, we're talking about huge sums of money and without sidewalks and things in rural areas now - JoAnn, you pointed that out before —up in the homesteads, there is no path for somebody riding a bike down there. It's scary to see them. You have to practically go on the other side of the road to keep from hitting a bicycle. Some time long ago they should have built more trails, paths, whatever for these people who want to walk or use their bicycles. But the masses of the people, every one of you, Jay commutes from Princeville. He's not going to use a bus. He can't afford to use a bus or a bicycle to get back and forth wherever he's going. And JoAnn, you traverse this island more than anybody, and I'm sure it's not on a bus or it's not on a bicycle. Ms. Yukimura: Oh, I used to commute from IClauea to Lihu`e, Glenn. Mr. Mickens: Used to. That's a good point, used to. Ms. Yukimura: Because I live in Lihu`e now, I can't commute from Kilauea to Lihu`e. Mr. Mickens: I understand that and for those reasons, the public is not capable of using a bicycle or a bus to get on and take the time that your valuable times needs to have. So anyway, I'm not against complete streets, but I try and live in the real world and again, the real world dictates that hey, you're going to COUNCIL MEETING -15- April 20, 2011 keep that vehicle. You, Tim, as well as anybody else in this council, you'll have your vehicle. You'll go out and get that vehicle to go home, to go to the doctor, to go shopping, or come back and forth to work. Thank you, JoAnn. Ms. Yukimura: Thank you, Glenn. Let's wait. There might be some questions and I think there are. Councilmember Bynum. Mr. Bynum: I have a question. One way the complete streets policy is already making a difference on Kauai is where the state is redoing Kuhi`o Highway right through the center of Lihu`e, right? You know that right? Mr. Mickens: Well, I haven't seen it done. Mr. Bynum: Well, for the first time in I don't ever know of the state widening a highway that they put in pedestrian facilities. And this is going to have sidewalks on both sides of the street, and that's, I think, because of the complete streets policy. We're doing a new highway project and we're going to put pedestrian amenities and to me, it makes sense right in the center of our urban area to do that. Would you agree with that? Mr. Mickens: Well, again, I see these bike lanes around the island 30 years ago. They're not being used. Mr. Bynum: I'm asking you about Kuhi`o Highway. Mr. Mickens: Well, I'm talking about Kuhi`5 Highway. There's a bike path along Kuhi`o Highway. Mr. Bynum: Does it make sense when we're doing a major construction project, we have the right -of -way to put pedestrian amenities in that specific instance? Does that make sense? Mr. Mickens: You mean new bike lanes, new walking lanes? Mr. Bynum: Sidewalks. Ms. Yukimura: Pedestrian. Mr. Mickens: Sidewalks. Sidewalks, oh, I... Mr. Bynum: A state highway going through right in front of Kukui Grove is going to have sidewalks. Is that a good idea? Mr. Mickens: Sidewalks are an excellent idea. Six feet wide, it's not going to take up that much space. Mr. Bynum: That's an example of how complete streets policy... and I'll talk about his later when I can make comments. I'm not as worried about us paving rural roads because we won't have the resources to do that. Whenever we do this, it's going to be as a result of a new construction process, new construction or repaving or with the thoughtful kind of where do we use our limited resources to make the biggest bang for the buck. And I'll talk when I get some comments about some examples of where complete streets policies is impacting our community already in ways that I think are thoughtful and positive. So thanks for your answer. It makes sense on Kuhi`o Highway to include pedestrian amenities. COUNCIL MEETING -16- April 20, 2011 Mr. Mickens: But you're talking ab Mr. Bynum: Mr. Mickens: Mr. Bynum: amounts of money. Well on all rural roads, I'd like to see sidewalks. out huge amounts of money, Tim. Right. That's why we're not going to do it... Where is it going to come from? ...because we're not going to have those huge Mr. Mickens: Okay. Mr. Bynum: Thank you. Ms. Yukimura: Are there any other questions? If not, thank you very much, Glenn. Mr. Mickens: Thank you. Ms. Yukimura: Mr. Taylor ? KEN TAYLOR: Council, good morning, Ken Taylor, for the record. I'm very much in support of complete streets, but saying that, I also support Carl's concerns of some areas and I believe Nadine really touches on the issue where these things should be covered in each of the community plans. And if we're in a timeframe where a community plan has been done and this hasn't been addressed, I think it should be gone back and an addendum added. I do have some concerns with just putting policy in place to address new projects. I am not against that at all. What I am concerned about is what Tim mentioned, it's that we don't have money to do other areas, retrofit. And I believe that it is necessary to put a policy in place to address some of the areas where we need to do some retrofitting, and we need to raise the money. And because I live out on Kawaihau Road, I will use that as an example. In the development that I live in, which is only about seven, eight years old, the county saw fit to ask for a wider setback for public easement. But blocks and blocks, miles down the road, all of the property lines are within five feet of the edge of the road. If we don't raise the money to acquire those setbacks, change those setbacks so we can put sidewalks in at least or a bike lane in, then we'll never accomplish this. And on Kawaihau Road we have people driving entirely too fast. In my T- intersection, we've had, in the seven years that I've lived there, we've had seven accidents. One left a door hanging on the telephone pole, the other one took the telephone pole out, the others and so on. And so it's people driving too fast. Now if we're going to make it possible, I live a mile from the bus stop. My wife will not walk to the bus because there's no shoulder. It's very difficult to walk between walking and people having dogs that are not properly leashed or fenced in. It's not a nice feeling for especially young people or ladies to make that walk. Ms. Akiona: Three minutes, Vice - Chair. Mr. Taylor: So I think it's important that we have a policy in place that says anytime any development... and I'm not saying all the streets off of Kawaihau should be changed but at least Kawaihau because of the amount of traffic potential that is there, there should be something in place out there in that whole area that says anytime you want to remodel or rebuild in that area, you have to pay a fee towards this process. And I know four or five years ago I had a conversation COUNCIL MEETING - 17 - April 20, 2011 with some of the council people about development fees and we still don't have development fees in place. And so I don't know where that... and that should be a no- brainer, but it hasn't happened. So I think it's really important that we put a fee in place that anytime you do a remodel over $10,000 or something, they should pay the fee that would go into the pot that would allow us to collect the money to make this happen. And it's really important because as I've said in several meetings in the past few weeks is that we're at the end of cheap oil and things are going to be very, very different in the future. We can't be looking back at how things have been in the last 50, 100 years. It's going to be very different in the future and we need to start planning for it, and now is the time. This is the avenue. And it's really important to put that policy in place to retrofit the areas that we decide to put the complete streets process in place. Thank you very much. Ms. Yukimura: Thank you, Mr. Taylor. I want to turn the gavel back to the Chair. The Chair was noted present at 10:28 a.m. Council Chair Furfaro: Are there any questions for Mr. Taylor? If not, thank you very much. Is there anyone else in the audience who would like to give comment to the presentation so far? If not, may I ask, excuse me, Paul, before you do, may I ask is the planning department here to give or add testimony? MARIE WILLIAMS, Planner: Hello, my name is Marie Williams with the planning department. I'm a long -range planner and I'm also chair of the Built Environment Task Force of Get Fit Kauai. Council Chair Furfaro: Marie, thank you very much for being here and I think at the beginning of this I had kind of tried to segregate new development that might be compliant with the intent of our resolution, which is a policy statement, versus any potential retrofit of areas that would in fact be screened on cultural and historical reviews. Would you and the planning department, in your long -range thinking... is that the appropriate approach for us? Ms. Williams: Yes and a lot of the details about how the policy will be implemented have not been flushed out yet. And that's why I personally am so grateful to Get Fit Kauai for providing the funding to bring these experts here who do have many years of experience in how complete streets can work appropriately for a county because how it works for Kauai might not be the same as for Maui or Oahu for example. So, we understand that Kauai has very unique concerns and our policy implementation has to address that. Council Chair Furfaro: Okay and thank you for acknowledging that the funding process comes from this body here and I would ask you to attempt, after some of the questions today, to maybe revisit with the planning director. I have a call in to him as well, but if we need to revisit our budget planning session for something like this, I would like to see that we have the dialogue during the planning and budget session. So thank you very much for that. And on the other note, it was recently brought up, as we refer to it as the opportunity to identify financial districts for improvement, special improvement areas such as Kukui`ula and other developments, and there is an opportunity for us to accelerate the CFD process within the planning department, and if you could share that message, it was an item that stimulated more thought here because we have done some district funding on this outside, and it's probably something we should revisit as part of complete streets so, okay. Thank you again for being here. COUNCIL MEETING -18- April 20, 2011 Ms. Williams: Thank you. Council Chair Furfaro: And I see your colleague in the back. Thank you as well for being here. Paul, I'm going to call you back up now. Mr. Zykofsky: For the record, Paul Zykofsky again from the Local Government Commission. Just to respond to some of the comments that I think were made, on the issue of public engagement, clearly this is a movement that very much supports the need to really have the community engaged in any kind of project that takes place, and that's something that's a given. And we recognize that it's very context driven. What's appropriate in one part of the island may not be appropriate in another. What's appropriate on the mainland may not be appropriate here. I think it's important for your staff, and that's part of what we'll try to help them do tomorrow, to think about ways to come up with maybe some innovative solutions that may not have been tried elsewhere that might really be the best solution in these historic districts or these rural areas. You live in such a beautiful place that you obviously want to make sure that everything you do only adds to that beauty and doesn't detract from it. You don't want to do things that are going to despoil that. So I really encourage you and your staff to look for those kinds of creative approaches that I think can work very well. To me, complete streets is about making sure that a street not only works well but also looks great, that it invites people along it. If it's a business district, you want it to be a place that attracts people, that makes them want to hang out there and spend their dollars. And talking about that, I think you do have a lot of tourists who come to this island and when people are on vacation, they like getting on bicycles; they like taking transit; they don't always want to rent a car. They don't know their way around. This is sort of a foreign place to them. So I'd also encourage you to look for opportunities to really make it easier for the tourists who come here to be able to get around by other modes rather than just having to assume that they have to rent a car because I know when my parents traveled around, they didn't like renting cars. They wanted to get around on transit, buses, whatever was available in that community. There's also I think a great potential for bicycling tourism. We're seeing that all over the country. And bicyclists who do those types of tours, they spend money; they eat a lot because they burn a lot of calories. So if there's opportunity for supporting more bicycling, I think that's also something to look at. On the issue of the goat trail, I understand that you may have a lot of trails that look that way in your community and that's fine. And again, it's going to be a context - sensitive issue. In some places those goat trails may be in urban areas where you really should consider, at some point, trying to provide a better surface for people to walk on. In other places, if they are in rural areas, they may work fine and you may want to keep them that way. I'm not saying that every goat trail should be paved over and turned into a sidewalk. I just think that once you come into a town and you're in an urban environment where there's more traffic and children have to walk to school and those kinds of situations, it might be appropriate at that point to consider making that a sidewalk. Ms. Yukimura: Paul, I think there's also the issue of the elderly, who have a harder time on uneven ground. Mr. Zykofsky: Absolutely. An issue was brought up by one of the gentlemen about his mother -in -law being able to get to the school. Those are trips COUNCIL MEETING _19- April 20, 2011 that people would like to take. They stay healthy if they can take them, but when they can't, they are sort of stuck in their homes. So figuring out a way to provide a smooth, level surface that meets our Americans with Disabilities Act, I think, in those communities is important. I don't know that particular neighborhood to say whether it would be appropriate to do that. There are trail surfaces that can be built that are accessible for all users, if they are well- compacted and have the right materials and so on. On the issue of speed, speed - control is a big part of complete streets. I probably should have made that point. One of the gentlemen talked about traffic calming. Traffic calming helps make it more comfortable for people to walk, bicycle, use transit because they feel more comfortable out on the street. When speeds are high, that's going to make the street less complete because you deter people from getting out of their cars and actually walking or going to the school. So I would say a speed - control policy or traffic - calming policy is part of a complete streets effort as well. So even something as simple, if you're in urban areas, of timing signals to a slower speed is one way of making that street more complete and it's obviously a very low cost thing. You're not building anything. You're just taking what's already out there and putting in a few hours to retime those signals. On the issue of funding, I think that's an issue that keeps coming up and will always come up. Again, I just encourage you to look for (1) there are creative opportunities to bundle projects. I know of several streets that were made complete because they had to do a sewage project on that street or they had a water project. Those are great opportunities to think about making the streets more complete. A resurfacing, if you're doing routine resealing of a street, look at that street. Figure out if there is room. In many cases in many urban areas we built lanes that are wider than they have to be, 12 -foot lanes. We can narrow those down to 10 feet without in any way reducing the safety of that street. In fact, there's no study that's shown that. We actually see more safety with a narrower lane because cars slow down a bit. By narrowing that lane down, that may give you that little extra space now that you're restriping that street to put in a bike lane, for example, or put in just a shoulder lane, which can be used by people walking or bicycling. And then again, the last thing I would say is look for opportunities for trails. I think that in rural areas for tourism, et cetera, those kinds of trail opportunities, I think, are a great way to compliment your complete streets policy. It may not replace the need for people to get from one place to another in the most direct route, but I think definitely trails really help to complement the whole system and create that network that you need to make it easier for people to use non - motorized modes for transportation as well. Thank you. . Council Chair Furfaro: Paul, thank you for that. I'm going to close out our portion here with letting some questions coming from our planning chair, and may I also thank you in the presentation, it was very complete. I would recommend here on Kauai we don't reference goat trails because we actually have goats here. And so we should use footpaths or trails or so forth. Mr. Zykofsky: Got it. Council Chair Furfaro: And we do have another presentation scheduled at 10:30 a.m. with the Kauai Visitors Bureau, but I'm going to let the chairman of planning finalize questions for you. Mr. Zykofsky: Okay, thanks. COUNCIL MEETING -20- April 20, 2011 Council Chair Furfaro: Go right ahead. Ms. Nakamura: Thanks for your presentation. In the draft East Kauai Development Plan, one of the issues that came up was that so many of our children at Kapa`a Elementary don't walk to school because it's so difficult and dangerous to get to school. And so one of the plan recommendations is to put in pedestrian movements, build a roundabout to deal with the traffic issues, to add more bike paths, and to do some traffic calming in there too. And that came out of the community discussions and recommendations. It's already a built area. So I think there are opportunities like this, where there's a need identified by the community. It may not be a new area, but we know it's an existing need. And one of the concerns that I have is that there is a lot of collaboration involved because you're talking about transportation, road improvements, you've got your bike lane stakeholders, your school -wide stakeholders, your administration, the parents get involved. There's a lot of collaboration that's needed to make the whole system work and I think without Bev and Get Fit, I don't know we'd be there. But in other cities and places you've worked, how does this implementation piece work? Who drives it? Mr. Zykofsky: Yeah, that's a great question and, in fact, as you pointed out, one of the key things of implementing a complete streets policy is having all the key players at the table. I still remember I did a workshop on complete streets in Bismarck, North Dakota, last year, and one of the exercises we had them do was to look at a particular street and talk about how to make it more complete. The first table presented and it had the public works director, the traffic engineer, and they said oh, we don't think we need a bicycle lane on this street because nobody cycles here; they would use this other street. The next table gets up and it's actually somebody who points out that that street has a bicycle shop on it that organizes a lot of bicycle rides. Then you could see the public works and traffic guy sort of saying oh, we forgot. So it's very critical to have those different people at the table. In my city of Sacramento, there's actually a complete streets coalition that meets regularly, that sort of oversees what different transportation departments are doing. But I think the DOT itself can set up a process that really has all the key players there at the earliest phases of planning. Forget about when you're getting to the construction phase, the earlier you address it, the more cost - efficient it's going to be. Because if you think about it later on, then it's added costs to add these things in. So having people at the table at the front end, I think, is very key. Council Chair Furfaro: Thank you very much, Paul. And that's a lot for us to digest. That was an excellent question and I'm going to limit these questions, but Councilmember Kuali`i, go right ahead. Mr. Kuali`i: Just a couple of quick questions and I thoroughly enjoyed your presentation. I thought it was very concise and you gave us a lot of really important information. But in your statistics, it seems to be in America, families want to walk more and all of that. Could we have statistics for Hawaii? Mr. Zykofsky: There may be. I don't have those handy. Mr. Kuali`i: Maybe other people are listening in and that will come forward. And then while you are here, I'm not sure how long you're here, but hopefully you can go around and look at some places. And one place I would like you to look at and some people have talked about it is Kawaihau Road. The neighborhood there COUNCIL MEETING -21- April 20, 2011 in Kapa`a is the largest concentration of our citizens /residents, and we have three schools and a hospital. It's highly conducive for a complete street that allows our residents to walk within that mile. That statistic too about 65% of people get in their cars to go just a mile, it might even be higher here because it's not pedestrian - friendly or safe. And I see this as a public safety issue and pedestrian safety is critical, and accessibility for people with disabilities, so. The only other thing is and I would appreciate whatever help you can give us while you are here is perhaps having some samples of good land use policies that we could look at. Mr. Zykofsky: Sure. Mr. Kuali`i: Thank you so much. Mr. Zykofsky: I'd be happy to do that. Yeah, my organization has a clearinghouse called the Center for Livable Communities, where for years we've been collecting sort of examples of good plans and so on that might be ... I'm sure we can make some available to your staff. Mr. Kuali`i: Thank you, mahalo. Council Chair Furfaro: Paul, on that note, I am going to call our meeting back to order and we're going to have some discussion amongst members. Mr. Zykofsky: Sure, thank you. Council Chair Furfaro: That would be our next step. Members, I'm going to call the meeting back to order. There being no one else wishing to testify on this matter, the meeting was called back to order, and proceeded as follows: Council Chair Furfaro: Mr. Bynum, I'll recognize you. Mr. Bynum: I really appreciate the presentation today. Thank you, Paul, for coming. Key players, on Kauai we have a Built Environment Task Force, Get Fit Kauai with Marie, who was up here, it includes planning, fire, public works, housing, councilmembers, community members. So we are bringing those key players together to focus about what makes sense. What's logical? Where can we invest what resources we have in a way that makes a difference for the community? In the presentation, one -third of our citizens don't drive. They don't drive. They're reliant on public transit, walking, biking and that's just the reality. We have citizens who have disabilities. Right now I can walk on a grass shoulder pretty well, but when I'm 80, will I be able to walk on a grass shoulder well? I don't know. Hopefully. We expanded the bus service into nights and weekends and in the first six weeks they had more than 5,000 people take advantage of that. So that's part of our citizens who don't have other options and now can be more equal participants in our community because they can get to church on Sunday and the transit numbers, it's in today's paper, great timing, are up on every route. Citizens are choosing to use the bus to go to work. Some of them, they don't have any choice, it's economics. Because we pay a huge price for our transportation costs and we're all in kind of a denial about that. Well maybe not recently when we filled up the gas tank. We are leveraging those funds. Our shared -use path is a great example where we have multi - million dollars of resources coming to Kauai that would not COUNCIL MEETING -22- April 20, 2011 have come, is available from the federal government, and all we had to do was step up and provide that. And we're getting those win -win in safety improvements, economic improvements. Paul mentioned the visitor industry. That's a really positive win - win -win. We just went out to bid on the next section of the shared -use path. And on Papaloa Street, we're going to have a model complete streets because we have low- income housing, we have residential people, we have visitors, we have commercial and no safe pedestrian avenue there now. And there is virtually no county dollars in that because of the creative use. So that's a great example. I'm really glad to hear about Kawaihau. As an example Kawaihau has, as KipuKai mentioned, a high concentration. Many people on Kauai know that we put in a simple asphalt path because we have the right -of -way that isn't fully used. And it changed the community by having an ADA- compliant, non - slippery. It allowed elderly people, kids, and it changed the community, but we have pukas in that that are not safe. The mayor in his wisdom and with encouragement from councilmembers and the community put $100,000.00 in the budget last year, not this one, to look at that area near the elementary school and St. Catherine's and the safety concerns that we have there because we're responsive to the community. Council Chair Furfaro: Mr. Bynum, can I interject? No, I need to interrupt for a second on a procedural piece. I wanted to have a motion to receive and second, so that we can have the discussion. Mr. Chang moved to receive communication C 2011 -110 for the record, seconded by Mr. Bynum. Council Chair Furfaro: Thank you. Go right ahead. Mr. Bynum: Okay and I'm almost done. So Kawaihau is one of those high value areas where we have the current right -of -way that's unused that we can put some of these implements in and it's going to make that street safer. It is a huge speeding problem because it's this big wide street that goes straight downhill, people zoom, and we know that putting in these elements will slow traffic, will make it safer. So that's one of the areas that I would argue we could invest some retrofit funding. But only in those really high value areas because we're only going to have limited resources to do that and we know it. And so I think we are going to be thoughtful about these things. Pat Gegen talked about Papalina. It's a great example of a rural community that is very unsafe for pedestrians. We probably will never have the money to put pedestrian elements there because we'd have to acquire the easements, we'd have to do all of these things. But if we were building that community to begin with right now, wouldn't it make sense to put a few more feet in the right -of -way when you set it up, to have a simple lane or maybe a dedicated strip of asphalt off to the right with a little separation from the street? Would that change the rural character? I don't think so. And that's where we primarily need to get our act together, in my opinion, is when we do new things, let's keep this thought in mind. So I'm very excited about what our community has done to come together, get the key players on the table, be very thoughtful about how we invest our resources, and also leverage resources that are out there primarily from the federal government, that if they don't come to Kauai they're going to go to Connecticut or Maui or Oahu, and so we're working on a lot of win - win -win situations, so it's great to have this here. And thank you, Paul, for that. COUNCIL MEETING -23- April 20, 2011 Last thing, complete streets is just one component of this idea of Smart Growth, making sustainable communities that are energy- efficient, that are quality places to live, that make sense for the world that we're moving into, and makes sense for our kids, and this is just one component. So thanks for that great conference that your organization puts on. Council Chair Furfaro: Okay, members, any more discussion? Mr. Chang. Mr. Rapozo: I just have ... oh, I'm sorry. Council Chair Furfaro: Then you, we'll go to you, Mr. Rapozo. Mr. Chang: Thank you, Chairman. I just wanted to say one of the questions I wanted to ask Paul when he was on the stand is if he's ever been to Kauai. So I was able to just quietly find out that he hasn't been to Kauai. So when we talk about the rural character, when Mr. Imparato talks about Hd'ena and Hanalei, and everybody's going Kawaihau and Koloa and pukas and Papalina and Waha and all these other stuff, understandably these are all different parts of the island. These are things that you talk about and I'm going to encourage ... I saw Mr. Noyes just leave, but I want you to familiarize yourself with the multi -use path, other areas such as the path or the Po`ipu area, tourist - driven, because a lot of people do ride their bikes. Hopefully the Queen of Canada, Bev Brody, can take you because there are places within Waimea to Kekaha or within the Kalaheo area. We talk about Kawaihau. So it doesn't mean much to you, but you can look at the hills; you can look at the turns; you can look at the different areas here, and puka, by the way, is not a town. Puka is this thing we have in our roads, but that was another agenda item. But nonetheless I know that you're here and we want to thank you because there are a lot of opportunities. We all know that there are places that complete streets would work. Every time I drive around, I always look like wow, this would be a pretty cool place for connectivity and what have you. So when you're driving around, unlike other tourists, look around and we'd appreciate your mana`o or your wisdom to give back to us, and I hope your guides here with Get Fit Kauai can help you explore the island of Kauai. And the last comment that I wanted to make, not only for the audience, but of course the viewing audience, is Pat Gegen brought up a really, really good point and I think with Ken Taylor's testimony, you know we all gotta slow down here on the island of Kauai, we have to slow down. I don't think people realize how fast people actually drive unless you're on a bike or you're walking. This morning I was walking and a friend of mine slowed down just to say good morning, howzit, howzit, and I don't know if this guy saw me, but he overtook on the left side on a double - stripe... yellow stripe, and I swear the guy very much so clipped my shoulder. And I can relate to riding a bike and I just think we all need to let the public know we gotta slow down. Like my mom always said, "Better five minutes late than never." Thank you, Chair. Council Chair Furfaro: Now we understand your tardiness this morning. Mr. Rapozo, you have the floor. Mr. Rapozo: Thank you. I just want to say that I fully support the concept of complete streets. I think Kauai has to move in that direction of providing safe travel for our residents and visitors, and having said that, I also want to make sure that we understand that Kauai is unique. And if we have people coming off a plane and all of a sudden it looks like Boulder, Colorado or Davis, California or Sacramento, California, then we lose a lot of what we are. So COUNCIL MEETING -24- April 20, 2011 there's got to be a balance in accomplishing the goals and objectives set forth by complete streets, but yet not compromising our character because that is my biggest concern. When I see some of these pictures, I don't want Kauai to look like that. Kawaihau Road, Weke Road, I think Kawaihau and I know I mentioned I would like to see a conceptual of Weke, but I think after hearing the discussion of Kawaihau, Kawaihau is a very dangerous place for pedestrians. If you go up Kawaihau Road, there are tons of bus stops. There are no crosswalks for the kids to get across the street. We have yet to put a crosswalk up on Kawaihau Road and I think I've made requests in the past for them to do an assessment, but I think what's important is that when we start to move into these new directions that we make sure that we maintain the character of this island because I think that's why people come here. They come to visit because that's what they want to see. They want to see a Kauai. They don't want to see a Boulder, Colorado. They can go Boulder or they can go to Sacramento, San Francisco, LA or wherever they want to go. They come here for that special unique character that we have. And I don't know where that balance is. I really don't. That's why we have you experts here because you folks are the ones that can do it. But there's got to be some balance that we can meet the goals and objectives as well as preserve the character that we have left. I mean we're losing some of it already and we would like to preserve it as long as we can. And I think, Carl, you bring up some very good points. I hope my comments aren't taken in the wrong way. I just want to speak to that because I think we got a lot of preservation here that we need to accomplish as well as making our streets and highways safer and more accessible. Thank you. Council Chair Furfaro: Is there any more discussion? Councilwoman Yukimura. Your choice. Ms. Yukimura: Oh, I'll let KipuKai go first Council Chair Furfaro: Okay. Mr. Kuali`i: So for three years in a row my family and I participated in the Kaua`i's Great Weigh Out and as a part of that Jo Manea did a workshop with us and we walked around Lihu`e Town, the core city, and one of us rode in a wheelchair even. So we had a firsthand experience with what it was like for somebody in a wheelchair or somebody walking. And in the main areas, it's satisfactory. Some of the sidewalks were kind of narrow, but at least there were sidewalks. But in some places there really aren't even sidewalks in the main core of our city. And the one obvious example is you can come towards the area of this large retailer near Isenberg and the sidewalk just ends where the old bowling alley was, where Hilo Hattie's is. So you come along the highway there and then it just ends. You can't even get to this large box retailer and clearly when that project was designed and came to be, no one was thinking about the pedestrians, the people in wheelchairs, the people in the neighborhood immediately surrounding. I mean why not think about what you said about the economic stimulus and foot traffic? How much better it would be for all of our businesses if they're close to residences? Huge subdivisions and what have you that would be so easy for people to just walk out of their door and walk to the grocery store, the restaurant, you know, these businesses. Obviously, that wasn't thought about when this large retailer was put in place because there's this huge parking lot in front of it and it was just purely made for people coming in cars. And I live less than a mile away, and I walk, but it's not an easy walk because you have to cross certain streets from residential neighborhoods to get to the stores and you gotta go around the way just to get to a crosswalk. It just clearly wasn't designed for the people to get to the stores conveniently. I think going forward, for sure, we should never let something big COUNCIL MEETING -25- April 20, 2011 like that happen where the design is only for cars because we're much more than cars. We're pedestrians, we're people with disabilities and wheelchairs, and I like the idea of making sure it's in there up front as part of our policies. Council Chair Furfaro: Thank you. Council Vice - Chair. Ms. Yukimura: Thank you, Mr. Chair. You know, I understand and share some of the concerns that an inappropriate application of complete streets could diminish our rural character. But I think we also have to look at the fact that the unbalanced status quo, that is our main approach thus far, of creating roads just for cars is actually what is ruining our rural environment. If you look at the two major road projects along the main highway, the one that is widening the highway in front of Kukui Grove and widening the bridge at Wailua and making three, four lanes, that is what is changing the character of our island. And so I think complete streets well- applied will really help us protect and preserve our character, as well as all those other benefits of health and lessening the cost of living for our families and so forth. And I know we have a long way to go yet, I mean when you look at the rising prices of oil and the cost of living and how dependent we are on oil, and you look at the traffic congestion and all these problems, but I do want to just for a moment celebrate where we are because we now have this amazing coalition of citizens led by the fearless Bev Brody and supported by the University of Hawaii, which includes so many county agencies and thank you, Marie, for your leadership there. We have the community involved. We have expertise from Paul and others who will be coming to our community and thank you to the Get Fit Project for providing this valuable funding to bring in this connection to national resources. And we have the council and the administration that is supporting complete streets. And we have this growing awareness as exemplified by these wonderful stories that everybody is telling. Not all of them are nice stories, but about their neighborhoods and where the disconnects are, and where, if just a little bit of work and connection could be made, life could be better for our citizens. So this is, for me, a very wonderful point and I really celebrate it and look forward to the work that we're going to do together to make our community a walkable, livable, bikable, sustainable community. Thank you. Council Chair Furfaro: Thank you, Vice - Chair. First of all, Paul, thank you very much. I will not be able to attend your workshop tonight. It's not that I don't need the work to better understand how to improve my waistline, but at the end of the day we're in budget and I've got some preparation meetings for tomorrow's follow -up, but thank you very much for being here. (Inaudible.) Council Chair Furfaro: Come up to the mike, Paul, and Paul, let me suspend the rules so that you can say one more thing. There being no objection, the rules were suspended. Mr. Zykofsky: I forgot to mention that I'm not here alone doing this. I'm here with two other experts in complete streets, Kristin Bennett, who worked for many years in Colorado Springs on their complete streets policy in an environment that was tough, an environment that wasn't really receptive initially to the concepts of complete streets. So I think Kristin brings a lot of great experience and also Tom van Schrader, from Seattle, who is our engineer on the COUNCIL MEETING -26- April 20, 2011 team, who also has a lot of experience with some of the sustainable features of streets, which I think is something very important for your community. So I think with three of us, hopefully we'll be able to help your staff out. Thank you. Council Chair Furfaro: Well thank you for introducing them and thank you again for being with us here in our community. Bev, I just want to share with you that I think this council is committed to doing the right things for the right reasons for the right people. So the rules are suspended. Yes. Ms. Brody: Bev Brody for the record. I just can't tell you how happy I am that we have your support. I want to thank you so much for your time today and for listening and for your involvement and for your commitment into making Kauai a happier, healthier, safer community without losing its rural effect. I think that those are sentiments of everyone on the island and so again I thank you very, very much for your time. Thank you. There being no one else. wishing to speak, the meeting was called back to order, and proceeded as follows: Council Chair Furfaro: Thank you and on that note, thank you for recognizing the values that we also have here that are part of doing the right thing. And we have a motion and a second to receive. May I have a voice vote. All those in favor? The motion to receive communication C 2011 -110 for the record was then put, and unanimously carried. Council Chair Furfaro: Thank you very much and on that note, we're going to take a 10- minute caption break and start with the KVB report. There being no objection, the meeting was recessed at 11:08 a.m. The meeting was called back to order at 11:27 a.m., and proceeded as follows: Council Chair Furfaro: Okay, we're back from our recess and by request, we're taking the second agenda item, C 2011 -116. And on that note, Mr. Costa, I will suspend the rules. You have the floor. C 2011 -116 Communication (04/05/2011) from the Director of the Office of Economic Development, requesting agenda time to present the results of the Kauai Visitors Bureau's (KVB) efforts to promote tourism on Kauai as it relates to Phase II o f the KVB Economic Stimulus Grant. There being no objection, the rules were suspended. GEORGE COSTA, Director of the Office of Economic Development: Okay, aloha Council Chair Furfaro and Councilmembers, for the record, George Costa, Director for the Office of Economic Development. Before I introduce Sue Kanoho, I just wanted to say a few words: (1) about the program but more importantly I'd like to acknowledge and thank Mayor Carvalho, the administration, and especially the county council for your foresight, for your understanding, and for your support in what we have come to know as the County - Kauai Visitors Bureau Visitor Stimulus Program. And if I could just take a few minutes, I know like Hurricane Iniki a lot of things are imbedded in our mind, but I just want to go through a few points on what we experienced just a couple of years ago. COUNCIL MEETING -27- April 20, 2011 In 2008, as the U.S. economy turned down dramatically due to the collapse of our mortgage and housing industries, as well as rising oil prices, this translated into Hawaii and especially Kauai experiencing a drastic decline in visitor arrivals. With the loss of pineapple and sugar industries during the last 30 to 50 years, the visitor industry has become our main economic engine and its drastic decline had far reaching impacts on other areas of Kauai's economy. Kauai enjoyed the fruits of the nation's robust economy from 2004 to 2007. As the U.S. economy declined, however, it was reflected in visitor arrivals to Kauai. Starting in January 2008, we saw a 4% decline from the previous January of 2007. By June of 2008, we experienced a 23% decline from the previous year. By December 2008, we were down 32% on visitor arrivals from the previous year. With that in mind, myself from the Office of Economic Development got together with the administration and Sue with the Kauai Visitors Bureau. We looked at what we could do to put together a plan and basically, I have to use the term "stop the bleeding" because at that time we were falling so fast and so far from previous years that if we could somehow apply a tourniquet on this bleeding just to stop it and remain flat would be a good thing. So we got together and we put together this... as we were going through, the federal government was going through their ARRA or their stimulus program, so we came up with our own visitor stimulus program and presented it to this body back in February, I believe, of 2009. Besides the decline in visitor arrivals, we started to immediately see the increase in the unemployment rate. And we went from job losses... and the unemployment rate, actually we were one of the lowest in the nation back in 2007. I believe it was April 2007 to be exact, we were at 2.2% unemployment. Within just a short time, as visitor arrivals started falling, we went from unemployment in April 2008 of 3. 1, April 2009 it increased to 9.3, by June at the height of our unemployment 10.5, and then after we, I would say, introduced the visitor stimulus program and I'm not saying we take credit for everything because this has been purely a collaborative effort, not only from the visitor industry but all facets of our economy, of our businesses to help Kauai and help our economy, we started seeing improvement to where April 2010 we were down to 8.9% unemployment and now we've sort of been leveling off at 8.5% at the last April 2011 report. So with that I want to preface Sue's presentation on the Visitor Stimulus Phase II results. And so without further ado, I'd like to introduce Sue Kanoho. SUE KANOHO, Kauai Visitors Bureau Executive Director: Thank you, George. Special thanks from the Kauai Visitors Bureau Board of Directors and my team, KVB team really for your support from the mayor, from the county council. Without your help in this funding, I'd hate to think where we would be. So I'm very pleased that we were able to deliver and so I will go through... Council Chair Furfaro: Before you go any further, Sue, although he introduced you, our captioners in Honolulu, you need to introduce yourself. Ms. Kanoho: My name is Sue Kanoho. I'm the executive director of the Kauai Visitors Bureau. Council Chair Furfaro: Thank you very much. Ms. Kanoho: You're welcome. So I have a little bit of a PowerPoint that I wanted to run through for you, showing what we did with the second phase of the economic stimulus package. We were tracking and of course the things that we track are the visitor arrivals, the total expenditures, and the per person per day spend, and so when you're looking at 2009 versus 2010, we were COUNCIL MEETING -28- April 20, 2011 tracking, and when we started to look at and as George said, when things started to get difficult, as you know there were special packages that were made available and so the per person per day was affected. When we first started this plan, you know how DBEDT records the per person per day spend, when we made the plan you'll see some numbers. That's the numbers that George and I were projecting based on the information we had. When you look at the per person per day spend, it's actually down a little bit now based on rates. So this just shows you where we were. For the travel environment, our competition, we're constant... Council Chair Furfaro: Excuse me, Sue. That slide showed the statistics, visitor statistics, but is it Kauai? Is it the state? Ms. Kanoho: This is Kauai specific, correct. Council Chair Furfaro: Okay, very good. So I would suggest you label that slide Kauai specific. Ms. Kanoho: I will, thank you. So when you look at our competition and what we are up against, we are still facing the all inclusive and the rates that are $399 for a package where we have other destinations doing... and I know everybody sees these in their inbox, the bookit.coms for half -price if you book in the next 24 hours, this is Cancun. Here's another one where they're offering 60% off and of course again Mexico. So when you look at Las Vegas, you look at Mexico, our competition and what we're faced with is very, very severe. To just recap where we are, for this Phase II project, it was a total of $500,000.00. The wholesaler, what we call Wholesaler OTA Cooperative with five partners was $250,000. We had a Kama`aina Campaign of $150,000. We assisted with the Kauai Marathon with $25,000 and then the Canadian Blitz that we did to work with WestJet and that was $65,000 and the administrative cost of $10,000. And this is just showing you some of the advertising that we did with the wholesalers, the partners being Expedia, Travelocity, Orbitz, Travel Impressions, and Pleasant Holidays, and of course, the images of Kauai and then the special offers that they had out there. And these are the tactics that we had by group, offering text links, they were doing eblasts, they were doing flyers, advertising in the newspaper. A lot of emarketing has been very effective. George and I really found that when things are tough, really it's a wholesaler and the OTAs that can turn on a dime and help you. They have the access to the seats; they have the access to the rooms, and so almost half, exactly half of this budget went towards that and it's really worth it because when you look at the amount that we funded, so while we gave them $250,000.00 to five partners, they gave back a match and so it ended up being $603,895. And when you look at the web impressions that each one gave us, of a total, it was 25,213,497. And what's important about the click -thru rate is when you look at the average click -thru rate it's 0.44 %. Our click -thru rate was 0.94 %, that's extremely successful and good for us. Oh yeah, so the OTA (online travel agencies), those are the Expedias, Travelocities and the Orbitz. There's the traditional wholesaler and the traditional wholesaler back in the day, as Jay will tell you, was back in the day really based on advertising in a newspaper, was working with the travel agents very closely. But, in fact, when you look at the OTAs today, it's a larger conglomeration of companies that are able to really ... if you go to them and say we're experiencing a downturn; we'll give you X amount of dollars; they can create a program very quickly whereas some of the other traditional wholesalers are not able because they're full, they have a whole schedule that they've planned, they're not COUNCIL MEETING -29- April 20, 2011 able to shift as easily. So when you look at what we projected, total room nights generated, our goal/our projection was 35,180. But when we actually delivered all together it actually ended up being plus 27.9 % with 45,363 room nights. And if you look at the average visitor per room it's 2.3 and that's very conservative, by the way, and you take that with what the goal was versus what we delivered, you're looking at 104,334 in 2010 as the actual. And then if you look at the per person per day... and that's where the $157.40 was what we projected and we've actually adjusted it down to the $156.30 based on where the economy is right now and what the rates are. So you're looking at a per person per day expenditure. What we delivered, we projected $12 million, and we delivered $16,307,404. And of course then you take the economic multiplier that tourism often generates, that's even a bigger impact with the $27,070,290. So I think a very successful program. The Kama`aina Campaign and as a reminder, the Kama`aina Campaign when we started we were going to do the coupon book and it didn't work so well and so a lesson learned. I won't be doing those again for a long, long, long time. So instead, we focused on radio. And you know it was so cute because we ran a couple ... like we'd ask a question about where is the Wailua River located? And people didn't know that it was Wailua. So clearly, we need to do a little more work with our sister islands. So we went with radio and we targeted KINE, KUMU, Krater and KSSK, and what that does that gives us from June to August, we were reaching 66% of our target market with a frequency of 14.6 times. And so then you look at the adult 35 -64, which is our market, and the 993 number is called "targeted rating points," and the targeted rating points is average 300 per week, and so we ended up with 993. So we did really, really well and we ended up with a total radio spots of 1,955 with that money. That's Perry & Price in the right -hand corner there and we did a program with them a couple of Saturdays that was really successful. And then when you look at the kauaikamaaina.com, what was interesting about this is that we would notice when the radio ads would hit, we'd see a spike on the kauaikamaaina.com, and the bounce rate when you see 69.96 %, a bounce rate means that they went to that page, and they bounced off of the page, and clicked through to the partners that were listed there. So the people that were on there that wanted to offer a special for kama`aina were getting the bounce - through rate of 69.9 %. So that's good, that's good to know. They didn't hang on the page, they clicked through. And then we focused on festivals, and so we added kauaifestivals.com as a link and really trying to promote our local festivals here on Kauai. Now this is a really interesting thing. Facebook is very successful for the kama`aina market. So we ran with our romance and adventure ads, and each ad had over 7.3 million impressions. And 75% of the traffic that went to Kauaikamaaina.com was from Facebook. That's extremely successful. That's amazing. I was surprised. This is some of the advertising that you'll see that we did with the radio stations, and so these are the links that we had. Andy Melamed came to me with a package that we did with the County Farm Fair that we did here and we ran a promotion specifically with them with COX Radio and we were able to do this Gold Pass Weekend Package. They averaged about 200 entries. They had 300 entries for the trip to Kauai and the person who won was really excited. I was kind of pleased to see that. So they got a four -day stay at the Aqua Kauai Beach and air provided by Hawaiian Airlines and passes to go to the Farm Fair. So that was fun. And then as you've seen quite a bit on the Kauai Marathon, very successful event, and so when you consider the amount of people who flew in for that event, 1,520 participants, 1100 did the half, and 419 did the full, and then 649 of those were kama`aina entries. And then it shows the 45 states and Washington, D.C., COUNCIL MEETING -30- April 20, 2011 and then the 13 countries, so a very successful program. What's been interesting to me about the Kauai Marathon, my sister -in -law actually just ran the Boston Marathon and she flew in two days before and then ran the race and then flew home. There's just an amazing amount of people that will fly to a destination just for the race. It's amazing. Ms. Yukimura: Kamika. Ms. Kanoho: Yes, Kamika is the king o£..Kamika does more for... Ms. Yukimura: Kamika Smith. Ms. Kanoho: I'm going to put him on payroll because he's doing more to help us. And then the Canadian Blitz, again this is really with focus to the WestJet flight that's coming from Vancouver to Kauai directly. And we were able to focus on Vancouver and Calgary. We went in October and of course we were targeting the upper income traveler, the consumer and the travel media. Our goal was to encourage the travel bookings during fall, try and keep those planes full. Any time you have a direct flight, you want to try and keep them full as much as possible. And then highlighting Kaua`i's natural beauty, the outdoor lifestyle, and the affordability that was available and still is available. This just kind of shows you some of the media that we hit. George Costa was with me and then we had Nick Castillo and Noelani Kaui as our entertainers. We focused on consumer events. So when you're doing that, you're doing media with the travel writers and then we're also getting to the consumers, and we were doing radio as well. But on this particular one we had a consumer event at the waterfront. We did the train station, ferry station, and that was pretty interesting to see the amount of people that go through there. We did some samplings with Kauai Coffee and Kauai Cookies, and then had entertainment as well. And then the Pacific Center event that we did also with Virgin Radio and what you'll see, I'll show you a couple pictures, but Virgin Radio brought in some massage therapists. They do this little thing where they put up the two little chairs and people come by and get the massage and they were asking about information about the island. And there was really quite a bit of traffic and we were really pleased with it. And then Calgary, the one thing I learned about Calgary, both George and I were pleasantly surprised, there's not a lot of people that know about Kauai in Vancouver as much as they know about Maui, but Calgary actually knows us. And they were really excited about us. So we were really pleased to see that there was kind of that ... we didn't have to convince them as much. It was really offering them the specials to get them to come. So we were really pleasantly surprised and we were well - received and they were very interested. It's the first time I've been on a consumer show where we ran out of collateral. People were just grabbing up information right and left. It was amazing. So we did a consumer event at the CORE Shopping Center on October 29 and then we did another event at the Southcenter Mall on the October 30. This is actually virgin radio's report to us. So it's not my normal visuals, but it's theirs and it just shows this was a very successful event for them as well. It shows you some of the images. This is the winner in the far left -hand corner with George and just some of the marketing that they did to really promote. That's their Virgin Radio on the far upper left corner is their little stand that they had and we COUNCIL MEETING -31- April 20, 2011 had quite a bit of people coming and asking about information about WestJet and the island of the Kauai. This just shows you the radio script that ran. You see on the far right the massive amount of people waiting to see who's going to win the trip to Kauai. They had over 400 contest entries received, very successful. And so when you're working with the radio station, you are oftentimes trying to get the deejays to really talk about the island and promote the island, which is almost, I want to say an endorsement but close to it, and very well- received. They had 30- second calls trying to really drive about promoting Kauai, going to the consumer events, which really helped us to get the word out about the consumer events, and then they showed a series of various commercials. Promotional value was $28,000, but with their weekly listeners you're reaching 450,000 people. Ms. Yukimura: Question. Ms. Kanoho: Yes. Ms. Yukimura: The promotional value is the amount we paid for it? Ms. Kanoho: No, promotional value is you're getting ... we had ... I have to go back and look at the breakout. But they're giving in -kind as well. Ms. Yukimura: I see. Ms. Kanoho: So it's like you pay for one, they give you one. Ms. Yukimura: I see, okay. Council Chair Furfaro: Or two. Ms. Kanoho: Or two, yeah, depending. Ms. Yukimura: Thank you. Ms. Kanoho: And then free trip Fridays. XL103 was really a great station to work with as well and they brought a guy out on location to the mall and we were doing the giveaway and what was funny about this is the people that were calling in, and they had very, very successful call -in, and people showing up to enter to win the trip, but it was cute, they said Kauai was one of the most popular destinations. In fact, they had listeners that were picking up previous destinations and asking if they could switch out for the Kauai trip, so it was like they already had a trip that they had won from somewhere else, but they wanted to go to Kauai. They said no, you can't do that, but very successful. Nearly 500 people on -site entries and then on the web -page alone was 500 unique views. And they said the phone lines were jammed every time they played the contest information, so very successful. They would love to have us work with them again. And then this was a promotion with WestJet, Kauai Visitors Bureau, and XL103, and it shows you that we did 112 produced promotional announcements, 40 were live. And then too the grand prize announcements, the off -site prize event that happened at the Southcenter, and then the online presence that we had there, the logo and the text inclusions. So that just kind of details everything. So the value of that package when it was all said and done, JoAnn, was $81,360. Ms. Yukimura: Wow. COUNCIL MEETING -32- April 20, 2011 Ms. Kanoho: Not cash, but that's the value. Ms. Yukimura: Yeah. Ms. Kanoho: And then this shows you just an example of one of the web pages and showing where we were listed and promoting. If you see those people on the far right -hand corner, I think that is Abba. George says who is that? That's Abba. So that's just an example of their listeners. It's the older market. Some of us know who Abba is. Some of you young people don't. Ms. Yukimura: George, that means you're young. Ms. Kanoho: And then the Canadian average length of stay is long, 8.41 days, and actually sometimes longer than that. The per person per day is a little bit less as you all know, $134.80. And then the arrivals to Kauai October through January were up 22.5 %. And I did want to note too that in the DBEDT statistics we're noticing that the Kauai -only arrivals in Canada are up. So that means they're just coming to Kauai and going nowhere else. Of course direct flights help that too. And this is one of those times where it really shows you that when you're spending in advance, October, November, December, and then it hits in January. So again that whole thing about you can't turn the ship in a week, in a couple weeks, but you start to have that impact and when you see January numbers were very, very positive and significant. And I always have to just remind everybody that Kauai got the best Hawaiian Island second year in a row with Travel & Leisure Magazine and we were actually No. 2 in the world. Ms. Yukimura: Lihu`e was the top? Ms. Kanoho: I know. That was National Geographic. I think that's because of Kalapaki and Napali Coast, top rated coastal destination by National Geographic Traveler, and a beautiful sunset on Kaua`i's north shore. So with that I will answer any questions you might have, but I do want to thank you again. Really the significance of these dollars to really prop us up in a time that was pretty concerning to all of us, we're feeling very, very good and when you look at we were down minus 9% and then to end up up plus 3.4% for the year, I was very pleased. And that's a partnership again like George says, this isn't any one effort, it's really a combination effort of everybody working together, and the industry really stepping up. Council Chair Furfaro: Sue, over the next few minutes, I would hope we have another agenda item we need to address before 12:30 p.m., so I'm going to keep my comments pretty short. Ms. Kanoho: Okay. Council Chair Furfaro: And this is your second follow through on our economic development moneys that were shared with you. First of all, let me tell you, excellent job. Ms. Kanoho: Thank you. Council Chair Furfaro: Thank you very much. You know the 13% turnaround from the 9 negative to the plus 3, exceptional, exceptional. COUNCIL MEETING _33- April 20, 2011 Ms. Kanoho: Council Chair Furfaro Thanks. What is WestJet's flight schedule into Kauai? Ms. Kanoho: They usually start... right now I think it starts back to December. I think they're starting December 1 and they were doing three to four times a week. So that will start back up again and we will continue to work hard in Vancouver. Council Chair Furfaro: When will that start up again? Ms. Kanoho: They're seasonal. So they run December three to four times a week and I haven't seen the schedule. Council Chair Furfaro: Until when? Ms. Kanoho: Until April/May. Council Chair Furfaro: So we've got them five to six months a year. Ms. Kanoho: Correct. Council Chair Furfaro: And they're a seasonal piece. On the OTAs and the changes here with the traditional wholesalers. I didn't really see anything with the average daily room rate there, so where are we at, George? What is happening with the new OTAs versus the more traditional wholesalers, when it comes to rate? This was a discussion, George, that we had with the state when they were here regarding the influence on TAT money because of the rate. So how deep are we discounting in those areas? Mr. Costa: Well, specific to OTAs, I don't have the exact figure, but as you can see, we adjusted the rate from $157.40 to $156.30, which is the average reported by DBEDT. But we can get that information for you. Council Chair Furfaro: May I ask that? Ms. Kanoho: And it just depends on which side of the island too, Jay. Council Chair Furfaro: No, we understand. We have. a moderate - priced corridor in Kapa`a, which probably is the most attractive corridor in the past for WestJet type customers. But I think you can see that the individual spending is now starting to keep a pretty strong pace for other businesses on Kauai with that, I think, it was $138.46 or something like that and that's pretty impressive. But I would like to know the trend that's happening with the OTAs versus the traditional wholesalers and that is directly associated with Kaua`i's portion of shared ownership because I think if the rate does not have an increase over a period of time, it then makes it more attractive for investment and shared ownership, okay. Sue, how would you rate the overall success? Ms. Kanoho: I would give this 9.5. I was very, very happy. Council Chair Furfaro: Good. COUNCIL MEETING -34- April 20, 2011 Ms. Kanoho: The only challenge was kama`aina. It`s hard to track, to know exactly, but the Kauaikamaaina is very helpful to see the bounce rate and people going through. You know I wish I could put a little marker on people and track them, every single person, but I cannot do that. That way we would really know the exact dollar amount of when you spent something and whether they came or not. And as you know public relations is a growing thing that you just build on. Council Chair Furfaro: Yes, I guess the other thing that would be nice to have on the kama`aina market is how much of that deviated from the traditional Friday, Saturday, Sunday visit? How much did we pick up during the weekday? Ms. Kanoho: Right, right. Council Chair Furfaro: But that'll be a question just if you could research. Mr. Costa: Yeah, if I could add to and again because this has been a collaborative effort, I just want to acknowledge the resorts out there because we did have the resorts and Jay, I know you can appreciate that and me being in that arena for so many years, literally having the front desk staff of resorts tracking their kama`aina. And it's not always the easiest thing to do, but I must say we had quite a few resorts reporting to us on a monthly basis their kama'aina. And kudos to the front desk staff because they are the ones who have to basically do the tick marks and tracking. Council Chair Furfaro: Absolutely. Yes, today, to be operating on the desk of a hotel, there are so many things that are expected for tracking and then this burden added, but what we're trying to convey too is it also gives us a template. Let's hope we never have to do it, but if we need it, a quick- start, we have good data. Ms. Kanoho: Yeah and I think the OTA wholesaler always can help us deliver, but the fact that the Canadian numbers have been so strong, I really have to say I'm really glad that we were able to get in there quickly, so thank you for that because I think it has helped keep that flight. As you know, Jay, if that flight's not full, they'll cancel it. Council Chair Furfaro: Yeah. Ms. Kanoho: So we were really appreciative that you were allowing us to do that and quite frankly, we're going to go back again this year because we think it's important to continue to keep in that market and trust me, Vancouver is deep and far and we have homework to do. Council Chair Furfaro: Well, thank you for pointing that out. As you know, you couldn't confirm and say we had four flights a week and so forth because it is based on as they fill aircraft, then they add aircraft. Ms. Kanoho: Exactly. Council Chair Furfaro: So it averaged three or four flights during six important months of the year for us and I think you also know my question dealing with the OTAs versus the traditional wholesalers because there's some deep discounting going on there, so. Ms. Kanoho: Yeah, I hear you. COUNCIL MEETING -35- April 20, 2011 Council Chair Furfaro: Okay, well let me see if there are other questions from everybody at the table, but thank you very much, Sue. Ms. Kanoho: Thank you very much and thank you. Council Chair Furfaro: Mr. Bynum. Mr. Bynum: You always go to me first. Council Chair Furfaro: Oh, well I'll go with Y first. Okay, we'll start at the bottom of the alphabet. Okay, Councilwoman Yukimura. Ms. Yukimura: I'm so impressed with the results of your work and so thankful for how well- designed the program was. Even the mistakes, the so- called coupon book is a valuable lesson to learn. Ms. Kanoho: Right. Ms. Yukimura: And to learn about the Canadian market and its potential, all of this and to see actual results. And to have you document that in very specific ways, I'm very impressed. I wish we could see that kind of report for all the money that we appropriate as a council. A couple questions, (1) when you have like your Canadian blitz $28,000 promotional value, how much did you pay for this in actual... Ms. Kanoho: I'll go back and look at the exact breakout for you. This is all combined, so I'll get the breakout. Ms. Yukimura: Okay, I'm just interested because it's showing that it's far more than the actual dollars spent. Ms. Kanoho: Yeah, I want to say it was $30,000 total, but don't quote me on that. Ms. Yukimura: And so we kind of doubled the value. Ms. Kanoho: Exactly, yeah, so I'm pretty sure it was about thirty, but I have to go ... you don't remember do you? (Inaudible.)..'. for the radio. Yeah, so I'll have to go look. My memory banks aren't as good as they used to be. Ms. Yukimura: That's okay approximately is fine. And then maybe I just missed it, but I think you also mentioned that it was harder to track kama`aina results. Do we have any results in terms of number of arrivals, kama`aina arrivals? Was it in there and I missed it? Ms. Kanoho: There was not a tracking element to the program to say, book this and ask for this code, but as George mentioned, a lot of the front desk people were tracking to see if there was an influx in kama`aina, and I think they felt that there was. Mr. Costa: For the Phase I we did. book. Ms. Kanoho: Yeah, for the Phase I we did because of the coupon COUNCIL MEETING -36- April 20, 2011 Mr. Costa: That was the tie to get the front desk to track because as they recorded who was kama`aina, they would issue the coupon book. And so that was the tracking mechanism. But the coupon book program itself for the small businesses on the island didn't do well, so again, opportunities for fine tuning. Ms. Kanoho: But I think we did talk to some of the properties and said had they noticed an increase and there were a couple, I won't say which ones, but they noticed an influx in kama`aina, and of course, they were advertising too. So you cannot lay claim to this program as being the only one. But we were asking of the board members, when we'd meet with them at the board meeting, how's it going? They're like good, keep it up, it's good. When we talk back to the marketing committee and to the board and say do you think we should continue? They say yes because, as you know, HTA funding doesn't go to kama`aina and so this is kind of helping the local market. Ms. Yukimura: Yes, so I really am glad that we're focusing on a kama`aina market because there is a huge market right across the channel. Ms. Kanoho: There is. Ms. Yukimura: And Kaua`i's reputation over the years has just grown in terms of a place known statewide to come and relax. It might be interesting to try to think of some tracker, like a coupon book or something that shows, but I can tell that the anecdotal data is positive. Ms. Kanoho: Yeah, so I have great ideas and then the actual administration of them doesn't always follow through the way I'd like. Ms. Yukimura: Right. I think that was all I had. Thank you so much. Council Chair Furfaro: I'll recognize another councilmember, but again, I want to make sure that if there's just narrative, we'll hold that for discussion amongst ourselves, but specific questions on the presentation. Councilmember Kuali`i. Mr. Kuali`i: Aloha and mahalo for all the work that you do. Ms. Kanoho: Thank you and congratulations. Mr. Kuali`i: And thank you for being successful in these difficult times and helping us get through for our workers. Thank you and congratulations also. So Phase II of the Kauai Visitors Bureau Economic Stimulus Grant, is there a Phase III and a Phase IV coming? Ms. Kanoho: No, there isn't. Mr. Kuali`i: So that's it? Ms. Kanoho: Yeah, this is it and there is one little... Mr. Kuali`i: And then you briefly said with regards to the Kauai Marathon, it was a very successful event in 2010, right? Ms. Kanoho: Correct. COUNCIL MEETING -37- April 20, 2011 Mr. Kuali`i: So what share of the funding for that event comes from the Kauai Visitors Bureau? And from the county? And then from other pots? Ms. Kanoho: So for 2010, out of this pot of money, this economic stimulus we only put in $25,000. Mr. Kuali`i: Was there another pot from KVB? Ms. Kanoho: We did help with a television program. Mr. Kuali`i: Advertising? Ms. Kanoho: Advertising, right, and that was about $16,000. Mr. Kuali`i: $16,000? Ms. Kanoho: Yeah and then all the public relations that we did, what we call in -kind, which means we didn't charge anybody for it. It's just something that we promote, events on the island, and that one we heavily promoted, which doesn't come in from a financial standpoint. It's part of what we do. Mr. Kuali`i: And you anticipate providing the same kind of support in 2011? Ms. Kanoho: In- kind, most definitely. Council Chair Furfaro: Before we go any further, I do want to clarify, this particular program was earmarked in two phases. Ms. Kanoho: Correct. Mr. Kuali`i: But for the newer councilmember, we do have money that came over by request from the mayor. I don't know if we'd call it Phase III, but there was a $200,000.00 request that I just wanted to... Ms. Kanoho: Thank you for clarifying that. I didn't know if I could or couldn't say that. Council Chair Furfaro: Well, let's say the strategic plan we had for this, this was in two phases, we have a new request that came from the administration that was introduced in economic development. It doesn't have the label Phase III, it just... Ms. Kanoho: But it was a continuation of assistance and we appreciate it. Mr. Kuali`i: Thank you. Council Chair Furfaro: Councilmember Nakamura, if you have anything? Ms. Nakamura: Just a quick question. During this time when this economic stimulus plan was implemented, how many new direct flights got started? COUNCIL MEETING -38- April 20, 2011 Ms. Kanoho: Nothing ... you know there's a little bit of a seasonal effort through United. So sometimes they'll go from one flight a day to two flights a day, which of course I can't lay claim to that was because of anything that we did, but the success of the island. And then Alaska has started San Jose and Oakland at the end of March, 29 and 30, I think it was. So we have received two brand -new flights coming in from them. And that is, again, not to brag, but in this economy, to have flights added is amazing. Council Chair Furfaro: That it is. Ms. Nakamura: A lot more marketing opportunities. Ms. Kanoho: I just think there's been ... the confidence level in this destination and they see that there's a need and that is a very strong market for us and so they see that it's a win -win situation. Ms. Nakamura: Thank you. Council Chair Furfaro: Okay, Mr. Chang, if you have specific questions to pose? Mr. Chang: Thank you, Chairman. And Sue and George, thanks for everything that you did and for being here this morning. This question, I posed this question to George when you did your presentation with economic development. I'm having circulated the tourism, your recap of Phase I, and when we look at the recap of Phase II, coupled with what we learned, what went right with Phase I, how we can better Phase 2, the results do show that we did better in Phase II. Ms. Kanoho: Well I mean if you... it's... I don't know if I should say Phase II is better than Phase I because I... Council Chair Furfaro: Well, first of all, let me clarify something. Everybody, we passed out the page from Mr. Costa's presentation during his budget. The highlight for the tourism section makes reference to the successes, specifically for this Phase in his narrative. So I guess you could use that for some kind of comparison. Mr. Costa: What we did when we first started, again because we had dropped so dramatically, as I pointed out by December 2008, for the month of December there was a 32% decline from the previous December of 2007, when we looked at putting together expectations and goals, we were very conservative. So as you can see, I believe the number there for room nights alone was 16,000 and we ended up with, I believe, close to 28,789. Council Chair Furfaro: It's in your report. Mr. Costa: So that in itself compared to Phase II wasn't as great, but for that phase alone, it showed significant increase. So we were very pleased with Phase I. And then as we started planning for Phase II, obviously the economy started turning around. We actually went flat, which was a good thing and then we started seeing some increase. So we upped our goals and expectations and then exceeded that in Phase II, so just some background information. Mr. Chang: And what I want you to do if you can, there are four members on your council now that weren't involved with the decision - making COUNCIL MEETING -39- April 20, 2011 process and how we selected what we did. So maybe you can explain to them. You mentioned Phase I. We realized that the coupon book did not work. We moved some of those moneys to help out the Kauai Marathon, and I think from what we've learned in Phase I and Phase II, this "Phase III" deal, we can implement these programs to better the "Phase III," which is hopefully right around the corner. Ms. Kanoho: Right and the new project that we're working on with the $200,000 again is an opportunity where when things rise up, such as the films that are happening now, being marketed... right now I'm working with "Pirates of the Caribbean" and there's great opportunity. I don't know, did you see, Jay, did you see the link that I sent over? Council Chair Furfaro: Yup. Ms. Kanoho: Okay. Right now that third support has an opportunity right now, live and ready to go. One element of that, as you know, Dickie, we're having to adjust and that's based on the tsunami. So we had planned to go to Japan and in light of what we're facing right now and what they're facing, it would be very inappropriate for us to talk about sales to a country that is devastated. So we will discuss that and see what we can do to be supportive in another way. But as you noted, it's kind of where we're taking opportunities that there's the core program that the Kauai Visitors Bureau does, but when we saw the downturn that was being implemented through the numbers, we said we've got to do something. And so that's where Phase I and Phase II came from with the goal of trying to really prop up. And then when we see, George and I will talk to each other and say, maybe we should adjust this way through different programs and that's where I feel that you have been supportive to us. So we'll come back and say, okay, the coupon project didn't work. It's very, very difficult to implement. I'd love to make that happen, it just is impossible to make the properties do that. And so when we reworked to the Kauai Marathon, I thought that was a very good use of dollars. And so it's one of those things. We will come back and let you know this is what we're facing. So for the current program that we're working on, American Girl, very successful — that's for you, Glenn Mickens —and doing really well. I don't know if anybody's noticed, but has anybody seen the American Girl dolls? There are visitors coming into the island with the American Girl Kanani dolls with them. It's very cute, so very successful and moving forward. So we're kind of where there's the core program of what KVB does, but really what you're allowing us to do is deal with the issues that are happening in the moment that are opportunities that we are able to act on and I think help the island. Council Chair Furfaro: Okay, I just want to share that we'll be more than happy to have you come back in Mr. Chang's committee on... Ms. Kanoho: Yeah, we will give you that. Council Chair Furfaro: I just want to bring to our attention that the agenda item is the results of Phase II. Ms. Kanoho: Council Chair Furfaro: Ms. Kanoho: That's right. That's the agenda item. I'm with you on that. Council Chair Furfaro: So Councilwoman Yukimura. COUNCIL MEETING -40- April 20, 2011 Ms. Yukimura: You know I was looking at your visitor statistics, which are impressive as they are, but I think if you put a 2008... Ms. Kanoho: To compare. Ms. Yukimura: You would really show what you were trying to address. Ms. Kanoho: You would have minus ones down here, but yeah, that's a good point. Council Chair Furfaro: Very good point. Ms. Kanoho: Yeah, I'll do that. I'll add it in there. Ms. Yukimura: Okay, because that was your baseline, really. Ms. Kanoho: That's why we started... Mr. Costa: And I apologize for that. I didn't realize that we had gone through the presentation yesterday and fine tuned it, and then this morning as I started thinking about it, that's why I did the preface by talking about where we were. Ms. Yukimura: Well and that's what made me think of it too. So no apologies necessary, but I just think it's a more dramatic way of showing what you did. Ms. Kanoho: Right, from where we were to... Ms. Yukimura: And that's taking off of what you presented this morning. Ms. Kanoho: Yeah, good point. Council Chair Furfaro: So two pieces we want to add: Show it as Kauai statistics and earmark the year 2008 as Councilwoman Yukimura has suggested, and on that note, Mr. Bynum. Mr. Bynum: First of all, I appreciate your taking the opportunities when they come, whether it's South Pacific or American Girl or Pirates because those are just smart. But the kama`aina, that's a new thing for us, right? Ms. Kanoho: It is in that traditionally our funding has been primarily HTA driven and we hadn't been allowed to do that. So really what we decided is we really need to make this something that we're trying to do on a year -in and year -out basis, and that's what your funding has helped us do. Mr. Bynum: Right, and without going into details with this next round, is there a kama`dina component? Ms. Kanoho: There is. I'm trying to remember. Mr. Chang: 70 grand, huh? COUNCIL MEETING -41- April 20, 2011 Ms. Kanoho: East side corridor. Mr. Bynum: Yes, thank you. There is and this is going to be the Right, yeah, I remember now, okay. Ms. Kanoho: And so we're working on that right now. Thank you for reminding me, Dickie. Mr. Bynum: Which makes sense. And how much does Maui County put into tourism promotion? Ms. Kanoho: Mr. Bynum: Ms. Kanoho: Three million. Every year? Every year. Mr. Bynum: And we hadn't done that until we took this and I consider it an emergency move. Ms. Kanoho: You had been giving us about $145 to $150 -ish. I think it got as high was $155,000 at one point and then George just cut me to $75,000, thank you very much. And so... it's okay George, I understand your challenges. So we did have a core that we were working with and we were doing consumer shows with those and doing that. And then when this emergency happened, we kind of all- hands -on -deck focused on this here. So we have gotten what I would call a nice grant from you each year that is now in the budget at $75,000. Mr. Bynum: And half what it used to be. Ms. Kanoho: Fifty percent cut. But that's okay, I understand. Mr. Bynum: I was going to say that, but I'll let you say that. Ms. Kanoho: Right? Mr. Costa: Yes. Ms. Kanoho: Yes, thank you. Mr. Bynum: And I asked about Maui just to put it in perspective, $3 million versus $150,000 or $70,000. But the kama`aina thing, when we go to Oahu and you say you're from Kauai, people go, ah, I need to go to Kauai. I mean it has this strong pull and mystique, and I'll save comments for when we come back to order, but I hope that we continue to have a kama`aina component to what we do and without some county funds that's not going to happen. Is that correct? Ms. Kanoho: Yeah, that is correct and I will say there was a time and you probably remember this, Jay, where after the hurricane when we were working on... Council Chair Furfaro: Which one? COUNCIL MEETING -42- April 20, 2011 Ms. Kanoho: The second one... actually the third, but it was Iniki. And it was interesting because the Kauaikamaaina website or that address Kauaikamaaina.com became available to be renewed or not, and I took it upon myself to renew it because I knew some day we would face a downturn and we would need it. So we just had it on the side ready to go. So when you were able to fund this, we were able to bring it back to life. Council Chair Furfaro: Thank you, again, I want to keep our questions now directed at the presentation. Councilwoman Yukimura. Ms. Yukimura: I'm sorry, but just one sentence. I'm glad you brought back the post Hurricane Iniki because we had a picture of Hamura's Saimin saying "we're open again" for the kama`aina campaign. Ms. Kanoho: Right, yeah. Council Chair Furfaro: Great noodles. Ms. Kanoho: Good noodles, all the time. Mr. Bynum: Great noodles. Council Chair Furfaro: Okay, if there's no more questions directed at the two of them, I'm going to ask for public testimony. Ms. Kanoho: Thank you very much and I just want to say a special thank you to my team because you always see me, but it's really my team. I have a fabulous Kauai Visitors Bureau team and they do an outstanding job. They're right now on a cruise doing the Napali Coast with a bunch of travel agents and working very hard. So they are a great set of people that none of you can hire but are fabulous. Thank you. Council Chair Furfaro: Ms. Yukimura: Thank you for sharing that. Thank you, Sue. Mr. Bynum: Hard at work taking a cruise. Council Chair Furfaro: Mr. Mickens. GLENN MICKENS: Thank you, Jay, for the record, Glenn Mickens. First I want to thank George and Sue both for their hard work, all they do to get tourists over here to Kauai. I still have a question. Since airfare from LAX roundtrip to Kauai is now $1,000.00, I presume it's about the same or more from Vancouver. The chart that Sue has in her presentation here shows going to Mexico for $399 air and hotel, plus a $100 air credit. It's absolutely a huge challenge, so how can you counteract that in this economic downturn? That's huge. In other words, since airfare is the primary concern in most families that want to come to Kauai, what is their solution? In reply to my suggestion of vouchers on airfare to Kauai only, Sue said it would never work. But what can be done? If a family of four wants to come over here from the west coast, Vancouver, I presume, is the same or more, you're talking about $4,000.00. The average family isn't going to be able to afford that. And when you look at this attractive thing going down to Mexico or Cancun or wherever, I see the ads on TV all the time, Travelocity or whatever it is and it keeps showing the beautiful beaches and stuff and the package deal and COUNCIL MEETING -43- April 20, 2011 it's relatively cheap. counteract that when, thing that you can do? So my question to Sue and George is how can you possibly again, for me, the airfare is going to be the most gigantic Anyway, again, she said that the doll thing is a success. I think Sue said that she would get the exact data on the success of what it was, what it meant. But I'm glad it is a success. Thanks, Sue. Council Chair Furfaro: We'll revisit that in a future piece. I also want to say, though as you heard earlier, one of the things is that they're able to keep the airlines and their flights when they're full and they have enough waited passengers to put on another flight. So they're letting those flights with WestJet go out at 95 plus occupancy, which helps in the overall pricing of the flight. That's all I can offer you for right now. Mr. Mickens: Yeah, well, I've got to go to the west coast in not too long a time and I've been checking all the things and I can't find anything under a thousand bucks. We used to be able to come over here for $299 roundtrip. So it's outrageous. But I guess as oil prices, gas prices keep escalating, I guess they have no other choice. Council Chair Furfaro: Well, none of us here at the table have better answers than what you have been shopping, so. I think those are the facts. Mr. Mickens: Thank you, Jay. Council Chair Furfaro: Ken. KEN TAYLOR: Chair and members of the council, my name is Ken Taylor. I, too, want to thank Sue and George for their presentation and their hard work. I think it has paid off. But as I have said a number of times in the past that we're at the end of cheap oil, things are going to be very different, you better keep up this process because right now we're seeing a blip up in the economy. I don't think it's going to last. I think it's imperative as you are in the process of doing budgets right now, it would be very foolish to cut back on spending in promoting the island because this is the time now to prepare for what's coming. And you can't spend a nickel better than promoting these activities and we really need to take a hard look at moving forward with this promotion, bringing people in to keep our local economy up as long as possible because if you don't we're going to see this downturn, which I'm sure is coming. This is the time. This is the time to prepare for it. And it would be very foolish to move into this new budget. year without putting considerable money back into this same process. Thank you. Council Chair Furfaro: Thank you, Ken. You have a question from Mr. Rapozo and then a question from Council Vice -Chair Yukimura. Go ahead. Mr. Rapozo: Real simple question, Ken. Where would you propose we get the money from? Mr. Taylor: Well, you're going to have to take it away from some of the departments or someplace, but... Mr. Rapozo: I understand and I'm asking you where. You've been through the budget session, where would you suggest that we take the money from? COUNCIL MEETING -44- April 20, 2011 Mr. Taylor: If we're going to talk about giving them another million dollars in two segments... Mr. Rapozo: Well, let's just say we wanted to give them $100,000. Where would we get that from? Mr. Taylor: Well, I'd take ... you got X number of departments, I'd take 10% from each department or whatever it takes to get that amount. Mr. Rapozo: You think we should raise property taxes? Mr. Taylor: No, I don't. Mr. Rapozo: And the reason I say that is because I know Mr. Bynum referenced Maui, but Maui increases their property tax. And we can do that. I don't want to do that and I'm not going to support that, but there is only so much money available is what I'm trying to say. And I hear your point that this is a good expenditure, but my... as we battle through this budget, where do you cut? That's the question. Mr. Taylor: When you look at the report and see the kinds of money that was brought into the community because of the million dollars that was spent, it offsets itself. So take this money, this helped the people continue to work. Right now we still have quite a few people unemployed or underemployed on the island, and we have a very large segment of retired people that don't have the ability to get an increase in their income. So we need to hold the line on taxes, but at the same time look at the kind of money that was generated. If you take a million dollars out of that and put it back in, invest it into the future, it takes care of itself. I don't think it's necessarily taking money away from something. Mr. Rapozo: That million dollars didn't come to the county budget that we can reinvest. That moneys that you see is money that was spent on the island, not necessarily coming to the county. Mr. Taylor: I understand, but it made the economy of the island much better. It kept people employed; it kept businesses in business, and I think the benefit to the community is great. We can either let it die and what do we do when we go back to what we saw in `08? It's coming. Count on it. It's coming. Mr. Rapozo: That's all, thank you. Council Chair Furfaro: Councilwoman Yukimura, did you still have a question to pose? Ms. Yukimura: Yes, when you say prepare for what's coming, isn't there a lot of stuff more related to survival and well -being that we aren't doing that we should also be funding? Mr. Taylor: I think there are two things that we need and that's water for agriculture and water for drinking, and our local food supply. Ms. Yukimura: That's exactly what I mean, Ken. The choices are very, very difficult. Mr. Taylor: But if... if COUNCIL MEETING -45- April 20, 2011 Council Chair Furfaro: She posed you a question, Ken, and you responded, in that order, I'm going to leave it at that. Mr. Taylor: Thank you. Council Chair Furfaro: But thank you for your testimony and your points. Okay, is there anyone else in the audience? Seeing no one, I'm going to call our meeting back to order. There being no one else wishing to speak on this matter, the meeting was called back to order, and proceeded as follows: Council Chair Furfaro: And I need a motion before we go any further. Mr. Chang moved to receive communication C 2011 -116 for the record, seconded by Ms. Yukimura. Council Chair Furfaro: Thank you. Is there any further testimony now that we're back in order? Mr. Bynum. Mr. Bynum: I want to thank George and Sue for the presentation today. You started out just right that we were in this free -fall and our intention was to put a floor underneath that and tying it to unemployment, right? Because I'm all supportive of us putting in resources and diversifying our economy, but the reality is the visitor industry is the key sector of our economy right now. Not only did we put a floor in, but we saw some increases. It was unprecedented to spend a million dollars, but I think it did have a return in tax revenue. And it's not just unemployed, it's underemployed. When you have that kind of free -fall and those of you that have been in the hotel industry know you're cutting hours. So people who normally have 40 hours suddenly have 28. So this was a needed and necessary thing. We need to think of these things in terms of an investment as opposed to an expenditure, necessarily, because investments have a return and those returns are important to us. We've done some things about focusing on kama`aina for instance that I hope we continue. We know that if we're going to do that it's going to take some county funding. In terms of the bigger budget issues, we've been paranoid for three or four years now about the TAT. I've been clear we're entitled to the TAT. We host visitors. They impact our services and we need to make that argument loud and clear so we don't get hurt by that because it will shift a burden onto our local taxpayers inappropriately if that gets messed with. But we can't plan on something might go wrong. We gotta plan, so I supported this, I'm proud of that support. I want to support future efforts. I'm concerned that our traditional $150,000 as opposed to $3 million is cut in half. We've targeted some things which are good, but in terms of providing that ongoing support and being able to realize that at some level we are competitive with the other islands and it's important for us to put our foot forward. Also, part of that downturn is people go to Vegas from Hawaii. Some of them, because of changes in health and perception, are saying let's not go to Vegas, let's go to Kauai, and we need to make that easy. We need to plant that seed. So thank you very much for good work. COUNCIL MEETING -46- April 20, 2011 Council Chair Furfaro: Okay, dialogue amongst the council? Mr. Chang, the floor is yours. Mr. Chang: Thank you, Chairman. George and Sue, again thank you very much. Sue, I made a note here because I really wanted to thank, of course, your staff and George's staff because that was a lot of additional work in addition to what you folks were doing at that time. I'll make this very brief. During that very busy time, as the economic development chair, I was going around the island and very concerned about people keeping their hours and working, and it was amazing just to try to keep a banquet staff viable or a hula halau viable or just everybody within the industry to keep their jobs. And that was some really, really tough times. I mean we talk about stopping the bleeding, I remember it was flat is where we're at, if we could be flat. So I'm proud of numbers and I think during that downtime it just made people realize how important the visitor industry is, whether you're a part of the visitor industry or you're not. I think a lot of people realized that oh, I never knew I was part of the visitor industry, but then they realized from every place from farmers markets to taxi drivers and everybody else, so. I think it was best said by Chanda Takamura. When we were up, we may have lost the aloha spirit, we're so busy, we're pumping, and when we were down, we realized how important the visitors are, kama`aina and the mainland, our visitors from abroad. How we needed to revisit that aloha spirit because we were proud that they came back and so I think we learned a lot in this and I think we can move ahead very, very positively and strongly. And I do want to just take this opportunity to thank Councilmembers Bynum and Furfaro because both of them were decision - makers to help support this. As we know, it was not an easy thing to say, hey, we need a million dollars. I mean it was unprecedented, and it was really a very difficult decision. But I also do want to thank former councilmember and budget and finance chair at that time, Daryl Kaneshiro, with his background in economic development way back then who knew it was important. And I also do want to really, really thank the former chair, Kaipo Asing, because Kaipo really was the guide that I needed as the economic chair to approach and being new on the council I was very intimidated because it's not the easiest thing to do, but the chair bought right into it and said, you know I have a son, I have a daughter -in -law, I have grandchildren working in the industry, and he clearly said we can do something or we can do nothing. And I'm not going to do nothing, so let's forge ahead and make it happen. So thank you to the past councilmembers and the present councilmembers. And I want to thank the sitting councilmembers here because I think you understand a little bit more about what this whole Phase I and Phase II and as we strive ahead in our visitor industry, I think it'll be a better, clearer sign as to our goals. So thank you very much, Mr. Chair. Council Chair Furfaro: Is there anyone else who would like to speak on this? Councilmember Kuali`i. Mr. Kuali`i: Just one quick point, and I do want to say mahalo again for the work that you do and for doing more with less, and for getting us through the difficult times. I just want to say, too, about the budget is that we do have tough decisions to make. We are making those decisions with the best interests of the citizens in mind. So if you don't get the funding that you want, that doesn't mean we don't think it's important. It's just that there may be more critical services required for our citizens. And then the other point, too, I mean the $500,000 ... the million, it sounds like that was an emergency fix. So the county is supplementing funds to other funds. So we should push on those other funds too COUNCIL MEETING -47- April 20, 2011 and make sure HTA is doing their part and wherever else we can get funding to do this necessary work. But again, we just appreciate. We keep plugging on and doing the best that we can. Thank you. Council Chair Furfaro: Okay. Mr. Bynum, the floor recognizes you. Mr. Bynum: Really, really quick, I wanted to answer Glenn's question, which to me is obvious.. Yeah, we compete with the Caribbean and Mexico, a sandy beach. Why do people come to Hawaii? Because of the culture and the people of Hawaii and Kauai in particular. We're the best host and hostesses in the world because it's ingrained in our Polynesian ancestors and in aloha that I learned, moving to Hawaii, was a lot more than a word, but a practice that people engage in on an ongoing basis here and that's why we will be competitive even when it costs a lot more to get here. Council Chair Furfaro: Thank you. Councilwoman Nakamura, did you want to speak? Okay. We have a motion and a second. I just want to say Councilmember KipuKai summed it up very, very appropriately when we all have to do more with less. But we will be revisiting the budget the first week of May and obviously the question looms out there about possibly getting back to the $150,000.00 level. So I just want to say George and to Sue, thank you for a very, very nice presentation. And we're going to break for lunch on that note and we'll be back at 1:35 p.m. We have a public hearing at 1:35 p.m. Okay, we're at lunch. There being no objection, the meeting was recessed at 12:33 p.m. The meeting was called back to order at 1:56 p.m., and proceeded as follows: Council Chair Furfaro: Thank you. Members, and Mr. Clerk, I want to exercise a privilege as chair by going to communication 2011 -115 on page two dealing with the resolution transmitted by Mr. Rapozo and then I would actually like to go to the resolution as well. So could you read that item, please? Mr. Nakamura: Council Chair, this is a communication for receipt, communication C- 2011 -115. C 2011 -115 Communication (04/04/2011) from Councilmember Rapozo, transmitting for Council consideration, a resolution supporting the Trap, Neuter and Return (TNR) method of humanely controlling the population of feral cats, as well as encouraging the spaying and neutering of our pets to prevent the birth of unwanted kittens: Mr. Chang moved to receive communication C 2011 -115 for the record, seconded by Mr. Kuali`i. Council Chair Furfaro: Thank you. May we take testimony on the receipt here? Anyone wishing to testify on this communication before we go to the resolution? Please come up. If you could introduce yourself, are you going to speak separately? I can give you each time. There being no objection, the rules were suspended. MARGARET SUEOKA: I think we can share it. Council Chair Furfaro: Okay, well, you have six minutes, then. COUNCIL MEETING -48- April 20, 2011 Ms. Sueoka: Okay. Good afternoon, Margaret Sueoka, for the record. We do have a one -page handout explaining a little bit more about the trap, neuter, and return program. I have it here. Council Chair Furfaro: Can we get it to one of the staff members? Eddie's right behind you. Ms. Sueoka: Basically we're here to answer any questions you might have. Would you like a brief summary of the program? Council Chair Furfaro: I think it would be appropriate, as Mr. Rapozo introduced this resolution. So go right ahead. Mr. Rapozo: Mr. Chair, maybe I should give a real brief summary before they go forward so that... Council Chair Furfaro: Well, I'm going to stop your clock. You stay right there. The floor recognizes Mr. Rapozo. Mr. Rapozo: Thank you, and this will be very brief. I've been working for a few weeks now on trying to resolve or at least assist to resolve the issue with the feral cats and the cat colonies around the county. We've been receiving many complaints from the citizens, as well as in residential areas, that are basically complaining about the number of cats. In my research I became educated about trapping and neutering, which I had not heard of and I'm almost embarrassed to say, and that led me to the two ladies that are here. We had a meeting along with our staff and I was able to review and research the TNR process. As we were preparing some legislation that'll address some of the problems with animals on the island or pets on the island, this resolution, I felt, was appropriate at this time, so we can introduce what TNR is to the public and to our administration and that gave birth, with the help of these two fine ladies who assisted us with the language for the resolution, and that's why we're here today, so thank you. Council Chair Furfaro: And ladies, I'm going to start the clock again just for the purposes of giving testimony on this proposed communication for resolution. The floor is yours. Ms. Sueoka: Thank you. Basically TNR is a method of birth control. We find a colony of cats that has a caregiver and we will assist them in spay and neutering and any other needs they have. The idea is that we prevent the birth of any new generations. If there are any, they're adopted out. Over time, attrition, the colony is eventually eliminated because the cats die of old age or some unavoidable accident. But it's much more humane than trapping and euthanizing, and that doesn't even work because you create a vacuum and new cats come in. So what we're here for is to advocate a two -fold process. One is this trap, neuter and return and managing the existing populations, and also to begin educating the public on the need to spay and neuter your pets and that it is not appropriate to abandon them, which is a common practice here. I know you've all seen large colonies of cats and it's common knowledge in the public that there are places where people go to just dump cats rather than get them spayed or neutered or surrendering them to the Humane Society. I'll ask Sue if she has anything she would want to add. SUE SCOTT: I'd like to mention... COUNCIL MEETING -49- April 20, 2011 Council Chair Furfaro: Introduce yourself, again. Ms. Scott: Oh, I'm sorry, Sue Scott. An example would be the Princeville Shopping Center. Council Chair Furfaro: You have to introduce yourself again. I didn't hear it. Ms. Scott: Oh, I'm sorry. I'm Sue Scott. I work with the manager of the Princeville Shopping Center and they had a problem with cats years ago. And they thought oh, my gosh, they are fighting, they're spraying. They got rid of all their cats. They ended up having to bring cats back, which we're now spaying and neutering, and one thing he says to me, you can spay them all you want, but you gotta bring my cats back because they found out that they had a terrible rat problem up there without those cats. So now they feed and care for all the cats and that's an example of a place, a shopping center, which we have many on the island where people dump cats. If get some cooperation, if we can get some volunteers to chip in and get them spayed and feed them in the future, it can work. It can be a plus for the cats and for the community. Ms. Sueoka: And if I could just add to that, these cats do tend to congregate around human activities, shopping centers, residential areas. Anywhere where there's food, you will find cats because there's usually rodent life and there is available food, and people do tend to feed them and that's the problem. We have tourists, we have kind - hearted citizens who feed these cats, which allows them to reproduce, but there's no follow -up. The missing equation is stopping the births and allowing them to just reach the end of their lives naturally. And so that's what we are trying to do because these are pets. Cats are pets and it's not really fair to just abandon them and let them starve to death. Council Chair Furfaro: Very good. Mr. Chang? Mr. Chang: Thank you ladies for coming and first of all, thank you for being so patient. I know that you both were here from this morning. So thank you for coming back after lunch. What does it cost to spay or neuter a cat? What's this program? Ms. Sueoka: Well, right now we're not paying a cost to spay and neuter because the Humane Society is providing the service. There is a $5 charge to microchip the pet or animal. But the vet and I'm not really sure what the range is if you were to go to a vet, but it's quite high and I think it would be out of touch for most people who are trying to manage a colony of cats. So we are relying on the service that they do provide for us. I think Dr. Rhoades at one point estimated for me the cost would be $40 per cat, but that was just for her bookkeeping purposes and she's not dealing with a for - profit veterinary service. Mr. Chang: Okay, so just to clarify, so is the humane society going to be part of this program? Are they... Ms. Sueoka: They're integral to this, yeah. Ms. Scott: (Inaudible.) They call us because they're understaffed and don't have people when people call in and say, look I've got this cat problem, then we'll go out. Usually if the cats are spayed and neutered, the COUNCIL MEETING -50- April 20, 2011 behavioral problems will be resolved because a lot of the loud caterwauling or whatever is because of the mating and so when you neuter them, the spraying and the bad behavior usually is mitigated a lot. Mr. Chang: And my question would be when we're talking about the feral population, they must be pretty hard to catch, though. I mean it's hard to get close to any of the cats, so how do we actually get the cat? I guess if you're a professional they can see right there if it's been spayed or neutered? Ms. Sueoka: The Humane Society tips one ear, left for males, right for girls, so that you can tell when you're looking at a cat whether it has been spayed or neutered. And we do trap. We have several different types of traps. I know someone who uses a net, a fishing net. But we usually use traps. Mr. Chang: Okay and then just out of curiosity, are you a cat owner? Ms. Sueoka: Yes. Mr. Chang: And Sue Scott, are you a cat owner also? Ms. Scott: Yes. Mr. Chang: Okay, I just wanted to say I actually have three cats myself, too. So I appreciate your testimonies. Thank you, Mr. Chair Council Chair Furfaro: Okay. Any other questions here? Go ahead, Councilwoman Yukimura. Ms. Yukimura: First I want to thank you for your devotion to taking care of cats and I know how much you love and care about them, both of you. And I know Judy Dalton and I know others who do herculean work to keep cats alive and find homes for kittens. I know that it comes out of a deep compassion for living beings and things. I have questions about the trap and neuter program because I'm not clear from what you said what the goal is. I mean on one hand I hear that it's to eliminate the colonies and on the other hand I hear that it's to keep colonies there. If there's an entity like the Princeville Shopping Center that finds it's in their best interest, I do believe everybody ... I owned a cat until my cat died last year and I'm not ready to get another one, but I know the issue with rats very well. So if there's an owner or someone who's acting like an owner who's responsible for it, then you can keep the cats around. But they're at Salt Pond; they're at other beaches and Lydgate, and there's no real body accountable for those cats and they create other issues, I think. So, what is the goal, first of all? Is it to eliminate colonies or is it to keep a certain level of colonies around? Ms. Sueoka: It's to eliminate unwanted colonies. Ms. Yukimura: Okay. Ms. Sueoka: So if you don't want colonies, you would spay /neuter your cats and you would get your population to drop to zero. If it's a shopping center and they feel that a few cats are appropriate for their rodent management, that's up to them like any pet owner, I guess, they can have their colony. So some places don't want them. We are not advocating that they be in the vicinity of endangered species for instance, and I think that there's not... although I COUNCIL MEETING -51- April 20, 2011 don't like to see cats killed, I think that in some cases we're going to be able to persuade DLNR to take another route. But in any other case, there are humane methods of eliminating problems that cats can cause. Ms. Yukimura: Okay, so my research shows that the colonies don't disappear and in fact some of them grow. There's a colony cited in Florida that now has a thousand cats. It started with a few and of course it happens to be next to a natural wildlife refuge with endangered species of mice. But we're not talking about that so much as the issue of whether you can actually eliminate them through colonies because people see these cats and they drop off their cats. And then there was some theory that if you have some cats there, other cats won't come in, but I think that theory is being questioned as well. Ms. Sueoka: The ... I've lost my train of thought. I really have lost my train of thought. Ms. Yukimura: Sue's ready. Ms. Scott: Well, we know... Margaret and I have been doing this for many years and because of the efforts we've made at trapping and we also give them birth control in some instances, our colonies have not grown. I mean we have no new kittens for over two years. We've had no new kittens in any of our colonies. So occasionally we do get drop -off. We try to hide these feeding places the best we can from the public, so they don't ... you're right ... when they see us feed. But these cats are fed every night; they're in good health. We make sure of that and we do know the cats, believe it or not. We may feed hundreds of cats at night, but we know who's there, who's not. Ms. Yukimura: So what is your carrying capacity, that is what is the level of cats that you have that is remaining the same? Ms. Sueoka: Well, all of them. Well, let me take that back. In 2008 and after, we saw a rise because we were seeing adult cats dropped off. We saw a lot of new cats that were dropped off when people were starting to lose their jobs and their houses. But since then the levels have all stabilized and started to go down in some colonies more than others. But because they are well -cared for, it will take longer than if we were just... Ms. Yukimura: Absolutely, they live ... their average life is what? 18 -20 years. Ms. Sueoka: Well, for a feral cat it's more like five. Ms. Yukimura: Okay, but not if they're well fed. Ms. Sueoka: No. But I don't know of any cat that's in part of a colony that is more than six years old and that's only one or two. Ms. Yukimura: Well, okay, so let's just take your Princeville colony. How many cats are there? Ms. Scott: At that shopping center, there is about a dozen. Ms. Yukimura: Okay, because you have to know what there are in order to know whether they're increasing or decreasing. COUNCIL MEETING -52- April 20, 2011 Ms. Scott: Right. Ms. Yukimura: Okay. Ms. Scott: And we have a pretty good count because we have to administer this birth control, which is a drug, which has to be handled carefully. Ms. Yukimura: Okay and who's financing all of this? Ms. Sueoka: We did have an initial grant, but most of our funding comes from tourists, believe it or not, and a few local donations we get. Ms. Yukimura: Okay. Ms. Sueoka: And then from our own pockets as well. Ms. Yukimura: I know, I know that. In terms of sustaining or maintaining a program is what I'm interested in because you are two fairly extraordinary people and I don't know that the colonies are all supported like your colony is, which means whether colonies grow or not hinges on that kind of management. Ms. Sueoka: We can't really run a program unless we have management. Ms. Yukimura: That's right. Ms. Sueoka: So the whole purpose of this is to get education so that people who are casually feeding cats learn that there are steps that they need to take to be responsible. They need to be involved in spay and neuter. They cannot just be feeding. And there's a lot of that going on now and we're hoping that we can get the word out to these people that in order to keep their cats, to keep their neighbors, whoever from stepping in and asking that they be removed that they need to behave responsibly. Ms. Yukimura: Well, then that seems like a core function of the Humane Society. So are they doing that or not? Ms. Sueoka: They are doing some. We have gotten permission from Chiefess to begin to address their 8th grade class and we're hoping that if it's successful we can expand it to other grades and other schools. I don't know exactly what the Humane Society's educational programs are. They have a whole gamut of things they need to be doing. Ms. Scott: Their mobile spay van is constantly going out to the communities and having a day all around the island where you get your animal spayed for free. So there's really no excuse for the community members not to spay and neuter their animals. It's just a shame; it's just a matter of education. Ms. Yukimura: I would hope so, but how long has this free spay /neuter gone... Ms. Scott: Well, Becky Rhoads started this. Ms. Yukimura: ... and how are we measuring whether we're successful or not? COUNCIL MEETING -53- April 20, 2011 Ms. Scott: Ms. Yukimura: It hasn't been. Successful. Ms. Scott: Well, it's still going on, but I mean I know that they go up to Waimea or something and they might get three or four people all day long instead of So I don't know if people are aware how important this is. Ms. Yukimura: Yes. Well, I mean the good news is that you're here and you're talking and this is being televised and people are hearing about it. I mean having a service is one thing, but people knowing about the service is another thing. So you don't happen to have the schedule, do you? Ms. Scott: I don't have the schedule. Ms. Yukimura: Or maybe it's on the Humane Society website? Is it? Do you know? Ms. Scott: And you can always call them. Council Chair Furfaro: Okay, I'm going to recognize Councilmember Kuali`i, then Councilmember Rapozo? Mr. Kuali`i: Aloha, thank you for the work that you're doing, mahalo. I'm curious as the numbers here that talk about the moneys that could be saved as far as some cities have found that funding TNR efforts has saved money in the long run because for every dollar spent on fixing cats, approximately $18 is spent for trapping and lethal elimination expenses. So, I don't want to know the numbers of how many cats are being euthanized, but as far as the colonies, how many colonies in your program now are being managed? So people step forward and volunteer, right? They may already be feeding cats, but they don't have all the knowledge and they're not participating in the TNR. So which ones are and how many? Ms. Sueoka: We have about 14 or 15 colonies and sometimes our involvement is limited to loaning traps and providing some food. We have a vested interest in making sure those are run successfully. People generally find us. The process has been very slow. I would like to speed it up and get people more aware and more involved in trap, neuter and return because when we have done it, it has been successful, and I have seen a change in cat behavior. They don't turn over garbage cans; there's less spraying /neutering fighting and it has been quite successful. But there are basic things that colony caregivers need to do and one of them is to minimize contact between their cats and the public. You know the feeding and everything else should be done where the public isn't aware of it. And for sanitary reasons and everything else, food has to be measured and monitored so that there's not leftover food, all of those issues. Mr. Kuali`i: So I guess I'm familiar with some colonies because I see them and I'm just curious as to whether they're part of the program and being managed or... Ms. Sueoka: I'm kind of afraid to say. Mr. Kuali`i: ... (inaudible) solicit people to help. But like near the hospital, in LLihu`e here, in the back. COUNCIL MEETING -54- April 20, 2011 Ms. Sueoka: The hospital and Wilcox, not Wilcox, but Wal -Mart are notorious and we are not per se a part of that. We are providing trapping and neutering services as well as contraceptives. However, that is such a notorious spot for drop -offs that even though someone is constantly trapping, there are still new cats and that's where again we come back to this people need to spay and neuter their pets. They just have to and if they don't want them, they should take them to the Humane Society, and they will try and find them a home. But if they have to euthanize them, at least it's better than being hit by a car or starving to death. Mr. Kuali`i: And I've heard some concerns about Salt Pond Beach Park. Ms. Sueoka: That's outside of our reach, but I think that with a little public education we can find enough resources to move those cats away so that it is not an issue for the Salt Pond people. If we can move them, relocate them or just do something so that it's not a problem for them. But again, we would need people on the west side to be constantly on that because you have to do it every day and we are principally on the east side. Mr. Kuali`i: And the last one I would mention is behind the bowling alley. Ms. Sueoka: That one is actually a managed colony. Many of those cats have been trapped and neutered or spayed, and they are all on birth control. But that's another place where people seem to like to drop their cats. Mr. Kuali`i: Yeah, I guess they know that people are taking care of them and I know those people personally and I think they're doing a good job. Ms. Scott: They're doing a great job. Ms. Sueoka: Yeah. Mr. Kuali`i: Thank you, thank you so much. Council Chair Furfaro: . Mr. Rapozo, did you want the floor again? Mr. Rapozo: Yes, please, I just wanted to make sure that especially the public understands this isn't a resolution for funding. This isn't a resolution to go create a brand a new TNR division in parks and recreation. The purpose of this resolution was to showcase because (1) I wasn't aware of this process or this method. This resolution is basically bringing it to the open, to the public, so that we understand there is a viable option for population control of feral and unwanted cats. That's what this resolution does. You're not here asking for money. You're not here as part of the Humane Society. You're here as a concerned group of people that have formed an organization that go on your own right now, and I think the public needs to understand that we fund the Humane Society to the tune of $60,000.00 a year for spay and neuter. I mean we're paying for it already. What this resolution is proposing to do is to educate the community that listen, there's an opportunity out there for us to use TNR (trap, neutering and returning) to control the population of feral cats on this island. That's what this does. This does not commit the county to anything other than educating the public and having this discussion on camera. So now people like myself, who had no clue, TNR sounded like a rock band or some kind of rapping band, that there is an option, that in fact COUNCIL MEETING -55- April 20, 2011 people can participate, and before you leave your seat I'm going to ask you to state your organization and some contact numbers, so if people are interested —I don't know if you want to do that on camera because your phones will not stop ringing because I think there are a lot of people who want to do that. There are a lot of people right now, I think, that are doing it already. But they're doing it to take care of the cats. They're not doing it to control the population. They're just doing it because they love cats. We can add in that component of the birth control and so forth that your organization such as yourself can help participate in. I just wanted to make that clarification. This resolution is not about funding. It's not about creating anything new. It's about educating the public that in fact trapping, neutering and returning of feral cats actually does work in many jurisdictions. And real quick, I know earlier, Sue, you mentioned there's got to be food, there's got to be volunteers, and I'll be the first to admit if you don't have those important components, TNR won't work. Ms. Sueoka: Right. Mr. Rapozo: I mean this isn't a guarantee. Much like the complete streets discussion we had this morning, the concept is perfect, but if we don't have all the components to make it work, it doesn't work. So this is just an opportunity for educating the public and I appreciate the two of you being here today. Thank you. Ms. Scott: It helps us because our original intent was to get a network of caregivers around the island where we could support each other. People go on vacation, whatever, you know you need help trapping a big colony or something. So, we'd like for people to call us because we'd like to help. Mr. Rapozo: (Inaudible) give your number. Ms. Scott: And make contacts. Anyway, it's Kauai Ferals and I don't know if all of you have the handout. Ms. Sueoka: Well, the bottom line is you can call 652 -5260 or 822 -7141 or you can call the Humane Society, and they'd be happy to give you our number, more than happy. We may never solve this problem, but I think we can get the numbers down and we can make a difference. There will always be cats that we can't get up in the mountains or wherever because people have dumped them there, but if we can get the ones that are around human populations, it'll go a long way to solving our problems. Mr. Chang: Margaret, excuse me, can you slowly repeat those numbers again. You kind of rattled it off pretty quickly because ... if you slowly can... Ms. Sueoka: Okay. Mr. Chang: And correct me, I believe first of all the Humane Society is 632 -0610? Ms. Sueoka: I should have that memorized, but I don't. Mr. Chang: Okay, I'll check. I think and I want to just make sure, but I believe it's 632 -0610. Council Chair Furfaro: I'm impressed, Mr. Chang. COUNCIL MEETING -56- April 20, 2011 Ms. Yukimura: I know. Mr. Chang: But if you can slowly state those numbers, I'm going to grab a phone book right now. Ms. Sueoka: Society. Okay, it's 652 -5260 or 822 -7141 or the Humane Council Chair Furfaro: Thank you. I'll go to Councilwoman Nakamura. Ms. Nakamura: Thank you for educating us on this issue. Just to follow up with Councilwoman Yukimura's question, it would be helpful to get a list of the feral cat colonies to understand where they're located because I'm interested in also the endangered birds and what areas, in your opinion, are appropriate and not appropriate. You mentioned a few, but I think it's important for us to see the big picture, and your perception of the areas that people are working, where the gaps are, and to really get the input of the Humane Society because we have a contract with them to do the spaying and neutering, it seems like you're already working together, so it would be interesting to get your joint view of the big picture. Also, I just this morning received this document from Vice -Chair Yukimura that I wanted to read. It's a report to the U.S. Fish and Wildlife Service. So I think it might be a different perspective, so I'm curious to see what it says. I haven't had a chance to read it. And the third part, just to respond to Councilmember Rapozo's comment, in the Kauai Humane Society's budget, last year we approved $60,000.00 and in their request this year they're asking for $65,000 and their rationale is requesting a $5,000 increase to increase feral cat focus. So there is a ramification for passage of this resolution. And so I just want to explore that further in light of the other requests that are coming in. Council Chair Furfaro: Okay. Is there anyone else who wants to speak before I speak? Ladies, I want to thank you very much for your presentation. I do want to say that in my life as a general manager, we have used this process at three of the hotels that I've managed, one on the Big Island, one on Maui, and the Kauai one I would let unsaid because one of the downsides is when people learn of the managing of the cats, they then have a tendency to try and drop off cats. That's the only downside that I have ever had. We had regular visitors who do try to take care of the cats, who are regular occupants, and they know when the buffet goes out. But it's been successful at these hotels because one of the things that they do is they've kind of staked out their territory and others don't come networking in. So I'm familiar with your program. And I think as Mr. Rapozo said, this is a resolution. The portion on the extra request from the Humane Society is a real number that's in front of us. They're also asking for an additional $50,000 for other programs as well. So it's a pretty sizeable number than what we've had in the past, but Councilwoman Nakamura's correct. Specifically for trap, spay and neutering programs, they're asking for an additional $5,000.00. I'm going to ask you to go ahead and stay right there as I ask to read the resolution if we get a motion to receive here. Did you have another piece here? May I have a motion to receive? There being no one else wishing to speak on this matter, the meeting was called back to order, and proceeded as follows: Mr. Chang moved to receive communication C 2011 -115 for the record, seconded by Mr. Kuali`i. Council Chair Furfaro: Thank you. Any further discussion? Mr. Bynum. !Y 11T Tl.TlVTT T TTlT1TTA TlV �� • •• .�.. .�..� - COUNCIL MEETING -57- April 20, 2011 Mr. Bynum: I want to thank you for coming today. I saved my comments, because I don't really have a question, for when we were called back to order. I want to read something that I think JoAnn supplied from the Humane Society of the United States. "A single program such as subsidized sterilization is an excellent step forward, but cannot effect change without other supportive pieces in place, such as public education, outreach, adoption resources, dedicated colony caretakers, and cooperation among various interest groups." And you covered all of that in your comments and so clearly the two of you are very thoughtful about this issue and understand and even understand that at least for the time being euthanizing is part of what we need to do as a community, even though we try to avoid that as much as possible. And public education is happening now. In order for me to feel very comfortable about this resolution, which I support, I may suggest a few changes that I consider clarification, just so we're putting those elements in there that this stand -alone is not the whole answer, right, that it takes this integration. But we have this great community where the Humane Society is on- board with this, unless it's changed. I haven't talked to them in the last six months about this, but I've talked to them in the past. I don't think their position has changed. You know your presence here and this resolution, thank you, Mel, helps that important part about community education. And people care and love animals deeply. I have a friend who cared for the cats in her neighborhood and pretty soon there were a thousand cats, not a thousand, that's not true, but a bunch of cats. And it's like, hey, friend, aren't you getting these cats spayed and neutered? Oh, no, I just don't want them to go hungry, right? And you guys are addressing that, that well- intended things can actually exacerbate the problem. And so I think this is a positive thing. If we have the patience for it, I have a few little amendments that I don't think anybody would be uncomfortable with, but just recognizes that this is a component. So thank you very much. Council Chair Furfaro: Okay, we're in discussion with the body. Is there any more discussion with the body? Mr. Chang. Mr. Chang: Thank you very much, Mr. Chair. I just wanted to say for the record, I reconfirmed the number and that number 632 -0610 is confirmed. That is our Kauai Humane Society. So if you can, please let them know that you met with the council, you brought this up, so consequently when the phone rings, they know what we're talking about or why people are calling. Also, I just want to thank you Councilmember Rapozo for putting together the resolution and bringing this on because I think there are a lot of animal lovers in general out there, and we need to definitely do something about the cat population. And last but not least, I'd like to comment and compliment my fellow Councilmember Kipukai Kuali`i, who has not yet officially been on the council for more than a week and he's caught on really, really quickly. But what impressed me the most I think is I didn't realize he knew every single cat colony on the island of Kauai. I don't know why he's where he's at, when he's at, but that's probably the biggest impression you made on me in this short week. Thank you very much. Council Chair Furfaro: Okay, members, this is what I'm going to ask that we do. Let's go ahead and move to receive this item since we have a motion and second. Then I'm going to ask the clerk to actually jump over to the resolution. When we read the resolution, I'm going to then break for a tape change, B.C.? BC, Videographer: Yes. COUNCIL MEETING -58- April 20, 2011 Council Chair Furfaro: And that allows Mr. Bynum time to work on his amendments. So we're going to take a recess and change the tape and so forth, and then we can look at his amendments as well. Ms. Yukimura: Mr. Chair? Council Chair Furfaro: Go ahead, Councilmember Yukimura. Ms. Yukimura: I concur with your process. And I don't mind considering amendments, but I will be asking for a deferral on the resolution so we can have the Humane Society come forward. I ultimately hope to vote for the resolution, but as the Humane Society of the United States, a working coalition is really what's needed and if you don't have all the parts together, things can get out of hand toward a different result. So if we can just... Council Chair Furfaro: I'm fine either way. If you want to defer it, fine. I mean this is a resolution. This is not a policy of law. It's not an ordinance. It's a position statement. If we want to defer, do we hear from the Humane Society, that's another thing to consider. So let me ask Mr. Bynum, if we have a deferral, then you would work on your amendments during this week of a deferral? Mr. Bynum: I was proposing it so we can finish it today, but I'll trust the judgment of the body. Council Chair Furfaro: Obviously we need a second to a deferral and I'm trying to manage the clock a little bit here so we know. Ms. Nakamura: I'll second it. Council Chair Furfaro: You'll second the deferral? Okay, when we get there, okay. Let's move to receive the communication; there has been a motion and second. All those in favor say aye. The motion to receive communication C 2011 -115 for the record was then put, and unanimously carried. RESOLUTION: Council Chair Furfaro: Okay, may I have the resolution read for a possible deferral? Mr. Nakamura: Council Chair we're on page four of the council's agenda under Resolutions, Resolution No. 2011 -51. Resolution No. 2011 -51, RESOLUTION SUPPORTING THE TRAPPING, NEUTERING AND RETURN METHOD OF CONTROLLING KAUXI'S HOMELESS AND FERAL CAT POPULATION: Mr. Rapozo moved to approve, seconded by Mr. Bynum. Council Chair Furfaro: There's a motion to approve. Ms. Yukimura: Mr. Chair. Council Chair Furfaro: Yes, go right ahead, councilwoman. Ms. Yukimura: I guess we can excuse the ladies. I- 1r%TTATl1TT T?T- 11"MTATl1 e�� • .. ..— COUNCIL MEETING -59- April 20, 2011 Council Chair Furfaro: They're welcome to sit there if they're comfortable and see the outcome of what's happening. It's not like we're finding seats in the audience. Ms. Yukimura: Oh, of course, all right. So I believe that this TNR approach works only in combination with a lot of things and actually I'm not sure that it works in eliminating cat colonies. So, we may be talking about living with cat colonies and what that all means is something we need to, know, especially if they're in our parks. So I think there is more to understand about this and certainly there needs to be some amendments to the resolution which is focused only on TNR. And I think it's also an opportunity for us to say more about educating people about spay /neutering, which is really a key component of all of this. And Margaret and Sue know that more than we do I know because they work daily with the issue. And so I would like to ask for a deferral so that we can work on several of those aspects and have a more informed resolution that we can all vote for because it is a policy statement. This council is making a statement and right now I don't believe it's a good statement to endorse if TNR is the only thing we're endorsing. Council Chair Furfaro: Mr. Rapozo. Mr. Rapozo: And I appreciate your opinion, Councilmember Yukimura, but that's your opinion and I guess for me we could call the Humane Society right now and have somebody come down. I'm not sure what you're looking for from the Humane Society, if they support the program. They were here for budget. I asked them. They were in total support of the TNR program. They were here. We can move it to the end of the agenda. The problem with deferring is the staff gotta prepare the entire minutes for this one and then they gotta do it again. This is a simple resolution that just states that we acknowledge that TNR is a viable alternative. That's what it says. And I'm not going to support a deferral. I'm going to move forward. If we want the Humane Society, can we call the Humane Society, can we get them here today? We can entertain Mr. Bynum's amendments and get this finished today. It's a resolution. That's just ... the votes will fall where they fall, but I just think it's a waste of time to have to go through a deferral for a resolution on a TNR program. But I'll respect the majority of the council. If we can get... Council Chair Furfaro: I'm going to let other councilmembers speak because a motion of deferral has precedence over the motion to approve. We haven't gotten there. There's no discussion if we get to a motion and a second. So Mr. Bynum. Mr. Bynum: Just speaking for myself, I've talked to the Humane Society regarding this issue several times in the past. I feel fairly confident I know what their position is and Councilmember Rapozo's reminding me that this was discussed in the last two weeks. This is a TNR resolution and I'm not trying to change it into, a resolution that covers other aspects of effective management, but acknowledges that it's a component. So I'd like to read the... and this is in collaboration with Councilmember Yukimura, who may still want a deferral, but I would like for us to deal with it today. Maybe we could move it to the end of the agenda and give staff time to prepare this. The last "whereas," what I'm proposing is "whereas the county has observed that many jurisdictions around the world have adopted as a component of a humane approach of population control for homeless and feral cats a program known as trap, neuter and return, provided that resources and management are adequately provided, now therefore, be it resolved that the COUNCIL MEETING -60- April 20, 2011 council of the county of Kauai, State of Hawaii, that the county of Kauai supports and encourages TNR as a component of a humane approach to controlling Kaua`i's homeless and feral cat population." So what I'm trying to do is just acknowledge this isn't the only component, not put in all the other ones because this is a resolution about TNR, not about other components. And I think that makes me more comfortable in giving my whole- hearted support. And so that's where I'm coming from with this. Council Chair Furfaro: Okay, on that note we've exceeded the time I've allowed for this. BC, Videographer: You have three minutes. Council Chair Furfaro: We have three minutes? Okay, I don't think we can do our business in three minutes, okay. So we're going to do a tape change, even if we lose three minutes of unexposed tape. We're in a 10- minute recess. There being no objection, the meeting was recessed at 2:38 p.m. The meeting was called back to order at 2:49 p.m., and proceeded as follows: Council Chair Furfaro: We're back from our break and then we'll make note that that was our caption break as well. Okay, to recap this we have a motion to approve and a second. We have discussion going on. If we get a motion to defer, that has precedence. It will require a second and then no discussion. So let's stay at the motion that gives us discussion. Mr. Bynum. Mr. Bynum: I just want to say briefly without being redundant I already said I wanted to propose this amendment to get it done, but generally at this stage of anything, whether it was a bill or a resolution, if a member feels strongly that they want a deferral, I'm inclined to grant that. I'd hoped to avoid that, but if there's that request at this stage, I would support it. Council Chair Furfaro: Any other members on discussion items? Mr. Rapozo. Mr. Rapozo: I agree. I mean I think if the deferral was for something that we don't already have, I'd definitely support the deferral. The deferral is to get the Humane Society here to get their position. We've already had that. I think it's just unnecessary to prolong it another week because I think the Humane Society made it clear that they support TNR. So I'm ready to vote and I will respect the motion to defer. I won't support it, but I'm prepared to vote. Council Chair Furfaro: Okay. May I speak? Ms. Yukimura: Yes. Council Chair Furfaro: Thank you. You know I just want to make sure we understand that a vote on this item here today, I would have really wanted to have someone from the Humane Society here, especially because any kind of a vote like this then kind of puts us in a position that we're also approving in concept the spay /neutering program, which they're asking us for additional money for. So that's how I see it, okay. Councilwoman Yukimura. Ms. Yukimura: Yes, thank you, Chair. I appreciate any support for deferral. I feel like this issue looks simpler than it really is. There are a lot of COUNCIL MEETING -61- April 20, 2011 aspects to it. And this is the first meeting that we're considering it, so I would really appreciate the time to check with the ... I know the Humane Society supports spaying and neutering. They will do that. It is something that they're charged to do and they all know that it's the most humane way to have population control of animals for the sake of the animals, as well as for the sake of the larger community. The issue of colonies is a more complicated one. And it has impacts on the areas of our jurisdiction, like parks. I hope and intend to vote for the resolution ultimately, but I would like to have some of the other parts to it so that people reading the resolution know that we've been informed about the various aspects of it and that we have a comprehensive understanding of where we're standing when we vote for the resolution. And I also think it will be additional opportunity to educate people on this issue in terms of the importance of people spaying and neutering cats and the importance of people not just feeding stray cats and not taking responsibility for getting them neutered because in the long run it's really cruel to just feed the animals and allow them to overpopulate. So I see this as an important issue. I'm grateful that Councilmember Rapozo introduced it. I think it needs more flushing out and input, and for that reason I seek a deferral. But I hope that we can ultimately have a resolution supported by the council that will give good direction on an issue that's important to all of us. Council Chair Furfaro: So, councilwoman, are you making a motion for a deferral which will supersede the earlier motion? Ms. Yukimura: As long as ... I don't want to cut off any other people's discussion. But if there's nobody else who wants to talk at the moment... Council Chair Furfaro: Well I'm about at the point that I'm saying I'm going to call for the question unless there's a motion to defer. Ms. Yukimura: Council Chair Furfaro: Ms. Yukimura: Ms. Nakamura: All right. Thank you for the... So that's a heads up. Yes, thank you, move to defer. Second. Ms. Yukimura moved to defer Resolution No. 2011 -51, seconded by Ms. Nakamura. Council Chair Furfaro: There is no discussion on a motion to defer. We have a motion and second, and I want to ask for a roll call vote. The motion to defer Resolution No. 2011 -51 was then put, and carried by the following vote: FOR DEFERRAL: Bynum, Chang, Kuali`i, Nakamura, Yukimura TOTAL — 5, AGAINST DEFERRAL: Rapozo, Furfaro TOTAL — 2, EXCUSED & NOT VOTING: None TOTAL — 0. EDDIE TOPENIO, Deputy County Clerk: Five ayes, two noes. COUNCIL MEETING -62- April 20, 2011 Council Chair Furfaro: Okay, very good. So the item has been deferred, ladies. We'll have it back on the agenda in two weeks and we will send a communication to the Humane Society to be present to ask some of the questions that we need more dialogue on. Thank you very much. Okay, on that note let's get back in the order of the agenda and let's go to C 2011 -112. COMMUNICATIONS: Mr. Topenio: Council Chair, we're back to the first page. We have a communication to receive C 2011 -112. C 2011 -112 Communication (03/28/2011) from the Director of Finance, transmitting for Council information, Fiscal Year 2011 Period 8 Financial Reports — Statement of Revenues as of February 28, 2011, pursuant to Section 21 of the Operating Budget Ordinance (B- 2010 -705): Ms. Yukimura moved to receive communication C 2011 -112 for the record, seconded by Mr. Bynum. Council Chair Furfaro: Thank you. Is there anyone from the audience that wishes to speak to this item? Seeing no one, members is there any discussion? Go ahead, Councilwoman Nakamura. Ms. Nakamura: I just wanted to inform the members that I have talked to Director Rezentes about the format of this report, which is a very thick document that's very difficult to get a snapshot of what's going on in the county. Apparently the way our budget ordinance is written, that is what the council has requested. And I'd like to try to see if we can condense it into less than five pages, so that it becomes a more useful tool for us. Council Chair Furfaro: Okay. Would you wish to have something composed under the signature of the finance chair? Okay, very good. Mr. Bynum. Mr. Bynum: I agree. And the county auditor has talked to us about doing the annual report in a more bullet -point form, as long as we have access to the big ... because I rarely access that, but sometimes I do, right? So I think their practice is to send one copy. So this would be like an addition, give us the highlights, right, a summary, and in addition give us the one copy that we can access, if we need a detailed report. So I think that's actually a good notion. Council Chair Furfaro: Okay, well I will entertain that possibility of something coming up. I want you to know the one copy we do get, and for the first six years I was the finance chair, I made it a point to read through it. There are two major items that are lagging there. One is the state is almost five months behind in their payments on the TAT and so the revenue portion should certainly get the kind of attention if we're going to reformat this so that we know what kind of position we end up in the cash flow. So I support the motion, but the document is there. Councilwoman. Ms. Yukimura: I want to say I'm grateful to Councilwoman Nakamura for bringing this up and making a shift in how we get our reports. And I'm also grateful to you, chair, for your knowledge and for the way you keep track of these financial papers. Thank you. Council Chair Furfaro: That's just an old habit, okay. COUNCIL MEETING -63- April 20, 2011 Ms. Yukimura: It's a good habit. Council Chair Furfaro: So on that note, any further discussion? If not, we'll receive with the intent of something coming up in the finance committee. All those in favor? The motion to receive communication C 2011 -112 for the record was then put, and unanimously carried. Council Chair Furfaro: Next item. Mr. Topenio: Council Chair, the next matter is on page two, communications to receive, C 2011 -113 and C 2011 -114. C 2011 -113 Communication (03/31/2011) from the County Engineer, transmitting for Council consideration, a proposal to amend the Capital Improvement Programs (CIP) Budget (Ordinance No. B- 2010 -706) for the Fiscal Year 2010 -2011, by revising the project description (text changes) of certain items contained in the Bond Fund to allow for the consideration and inclusion of a Resource Recovery Park in the County's development of a new Sanitary Landfill facility: Mr. Rapozo moved to receive communication C 2011 -113 for the record, seconded by Mr. Kuali`i, and unanimously carried. C 2011 -114 Communication (03/31/2011) from the Director of Finance, transmitting for Council information, the Fiscal Year 2010 -2011 Third Quarter Statement of Equipment Purchases: Mr. Rapozo moved to receive C 2011 -114 for the record, seconded by Mr. Kuali`i, and unanimously carried. Council Chair Furfaro: Thank you, next item. Mr. Topenio: Next item, Council Chair, is a communication to approve C -2011 -117. C 2011 -117 Communication (03/09/2011) from the County Engineer, requesting Council approval to accept free technical assistance services from The Econservation Institute, a nonprofit organization, as part of an EPA Region 9 grant program, on the implementation of a Pay As You Throw (PAYT) program, at an estimated value of $6,937.00: Mr. Bynum moved to approve communication C 2011 -117, seconded by Mr. Kuali`i. Council Chair Furfaro: Thank you and I'm going to suspend the rules. Allison, thank you very much for being here. Mr. Dill just walked in the door as well. If I could ask both of you to come up, I would certainly appreciate it. There being no objection, the rules were suspended. Council Chair Furfaro: Good afternoon, Allison. Good afternoon, Mr. Dill. Could you both introduce yourselves for the record. ALLISON FRALEY, Solid Waste Program Coordinator: Aloha, Allison Fraley, Solid Waste Program Coordinator. LARRY DILL, County Engineer: Good afternoon, Larry Dill, County Engineer. COUNCIL MEETING -64- April 20, 2011 Council Chair Furfaro: Thank you. Members we have the county engineer as well as our program manager here. Are there questions? Go right ahead, councilwoman. Ms. Yukimura: Could we have them just briefly explain what's before us? Council Chair Furfaro: Absolutely. I think I was delinquent in not giving them the floor to do exactly that. Ms. Yukimura: Council Chair Furfaro: Ms. Fraley: Mr. Chang: Did you? Thank you. Give us the overview again, please. Yes, the County of Kauai has been... I don't know if you stated your name for the record. Ms. Fraley: Oh, I'm sorry. Yes, Allison Fraley, Solid Waste Program Coordinator, excuse me. We're here because we're asking your approval to accept free technical services for a pay -as- you -throw program for the County of Kauai. There is an EPA Region 9 grant that has made funding available for a group called Econservation Institute to provide technical assistance to the county. And this afternoon we did provide some backup in the actual services that we're requesting from Econservation Institute to basically provide us with some program design and feasibility for a pay -as- you -throw system, which is a system by which residents are rewarded for diverting waste and financially rewarded. They are able to pay less if they use diversion programs and they have to pay more if they throw more garbage away at the curb. So that's the kind of analysis that we're seeking from this group. The Chair was noted as excused at 3:01 p.m. Ms. Yukimura: Thank you. The chair has left, so is there anyone who wants to ask questions? If not ... oh, Councilmember Bynum. Mr. Bynum: Thanks for supplying the additional documentation. And so it was your division's initiative to seek this support, correct? Ms. Fraley: Well, we were actually offered it by that group that does a lot of work in this area. And so Maui county and the whole State of Hawaii was offered it, and Maui county and we are very interested in participating with your approval. Mr. Bynum: Right, so just to put this on the record, the documentation you gave us said, to be clear, these efforts are provided at no cost to Kauai, you have been selected as a pilot community for an already funded grant from this institute. Thank you. Ms. Fraley: Econservation Institute, yes. Ms. Yukimura: Other questions? If not, I have a couple. This is wonderful news because this was a top priority in our integrated solid waste management plan. I think EPA itself did a study showing that in communities where there is a pay -as- you -throw system, the rate of recycling increases COUNCIL MEETING -65- April 20, 2011 dramatically. So this was one of the keys to successful diversion from the landfill that is moving... instead of getting things into the landfill, diverting them from the landfill. This is a very, very important step. Thank you very much. I'm thinking we're getting about $30,000.00 to $50,000.00 worth of consultant services for free, actually. Ms. Fraley: Yeah, it appears to be a great value. Ms. Yukimura: Yes and I take it you've researched their capabilities and know that they're able to help us in the way that they're saying they will? Ms. Fraley: Yeah, they do webinars on the subject and so I've attended the webinars, and they're one of the leaders in this research. So I know they'll be able to apply all the work that they've done for years to Kauai directly and we'll get a good value out of that. Ms. Yukimura: Did I hear you say Maui is taking advantage of their services too? Ms. Fraley: Yes. Ms. Yukimura: And it's no coincidence, perhaps, that Maui county and Kauai county have a plastic bag law? Do you think that's why they sought us out? Ms. Fraley: We're at the same place in a lot of our diversion programs. Ms. Yukimura: Okay. And you say the timeframe for doing this is? Ms. Fraley: Well, it can begin immediately as soon as we have acceptance. They are ready to go. Ms. Yukimura: Councilmember Nakamura. Ms. Nakamura: complete their report? Ms. Fraley: they'd be able to do that. Ms. Nakamura: Ms. Fraley: they could do presentations. Ms. Nakamura: Ms. Yukimura: Mr. Rapozo: Ms. Yukimura: Okay, well we better not defer this one. Yes, okay, About how long do you think it'll take for them to Well, by September is when they projected that Would it be possible to get a briefing? Yes, actually that's included in the services, that Perfect, thank you. Any other questions? I just have one. Yes, Councilmember Rapozo. COUNCIL MEETING -66- April 20, 2011 Mr. Rapozo: I'm looking at the chart and the total hours that will be funded by EPA is only 70 hours. And I'm looking at what they're proposing to do: recycling credits, multi - family options, pay -as- you -throw options, implementation, rate setting, working with haulers, template ordinances, GHG, climate change, illegal dumping research, low- income and pay -as -you- throw. That's not what they're proposing for this study, right? Ms. Fraley: Right. What they're proposing is on the front of that page. There are five different tasks that we've identified that the county needs at this time. Mr. Rapozo: And you're comfortable that they can get that done in 70 hours? Ms. Fraley: I am because they have a lot, they've done a lot of groundwork already. It's merely applying it to Kauai, given our population and our programs and where we're at. They'd be able to apply the research they've already done. Mr. Rapozo: Thank you. That's a sweet deal for us. Ms. Fraley: Yeah, I think so. Mr. Rapozo: Good stuff, thank you. Ms. Yukimura: Chair? Council Chair Furfaro: Please continue. Go ahead continue, please JoAnn, (inaudible) go through this whole item. The Chair was noted present at 3:05 p.m. Ms. Yukimura: Other questions? All right. If there are no other questions, thank you very much, Allison, Larry. And we'll come back to order. There being no further questions, the meeting was called back to order, and proceeded as follows: Ms. Yukimura: And is there a motion to approve on the floor? So there is a motion to approve and a second. Is there any further discussion? If not, all those in favor, say aye. The motion to approve communication C 2011 -117 was then put, and unanimously carried. Ms. Yukimura: The ayes have it, motion is carried. Thank you everyone. Chair? Council Chair Furfaro: I'll take the next item. Mr. Topenio: Next item, Council Chair, is a communication to approve C 2011 -118. COUNCIL MEETING -67- April 20, 2011 C 2011 -118 Communication (03/29/2011) from the Prosecuting Attorney, requesting Council approval to purchase a two -piece glass desk top cover for the Prosecuting Attorney's work surface for approximately $653.89: Mr. Bynum moved to approve communication C 2011 -118, seconded by Mr. Rapozo, and unanimously carried. Council Chair Furfaro: Thank you, next item. Mr. Nakamura: Council Chair, we're on the bottom of page two of the council's agenda on communication C 2011 -119. C 2011 -119 Communication (03/29/2011) from the Prosecuting Attorney, requesting Council approval to purchase a small black and white printer for approximately $500.00: Mr. Kuali`i moved to approve communication C 2011 -119, seconded by Mr. Chang, and unanimously carried. Council Chair Furfaro: Thank you. Mr. Nakamura: We're now at the bottom of page two, Council Chair, on communication C 2011 -120, which is a communication from Vice -Chair Yukimura, requesting council consideration to release the March 11, 2011 county attorney opinion regarding Bill No. 2395, which is a bill for an ordinance to amend Chapter 3 of the Kauai County Code, as amended, relating to the salaries of county officers and employees. C 2011 -120 Communication (04/14/2011) from Vice -Chair Yukimura, requesting Council consideration to release the March 11, 2011 county attorney opinion regarding Bill No. 2395. Council Chair Furfaro: Okay, I would like to indicate that to the county attorney, we will be taking a possible motion to approve this. To release it will be unanimous. Is there any comment from your office? Mr. Rapozo: so we can. Mr. Chair, let me make the motion to approve just Council Chair Furfaro: Go ahead. Mr. Rapozo: I just did. Motion to approve. Mr. Chang: Second. Mr. Rapozo moved to approve communication C 2011 -120, seconded by Mr. Chang. Council Chair Furfaro: Thank you. So I'll pose the same question. We have a motion and a second. ALFRED CASTILLO, JR., County Attorney: Council Chair, Al Castillo, County Attorney. We don't have any objections or any reservations with the release of this opinion. Council Chair Furfaro: Okay and I do want that vote to be unanimous. Now that we have a motion and second, I would like a roll call vote. COUNCIL MEETING -68- April 20, 2011 Ms. Yukimura: Mr. Chair, just a clarification. The motion to approve is to release, approve release of the opinion and everybody has a copy of that opinion so we know what we're voting to release. Okay, thank you very much. Council Chair Furfaro: That's correct. And I'll reconfirm it was passed out earlier, but everybody has a copy, okay, and we have voiced the question to the county attorney. Roll call, please. The motion to approve communication C 2011 -120 to release the county attorney's opinion regarding Bill No. 2395 was then put, and carried by the following vote: FOR APPROVAL: Bynum, Chang, Kuali`i, Nakamura, Rapozo, TOTAL — 7, Yukimura, Furfaro AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0. Mr. Nakamura: Seven ayes, Mr. Chair. Council Chair Furfaro: Very good. We have a unanimous decision to release that opinion, to make it available to you if you'd like right now. You know on that note, I'm going to ask for a personal 5- minute recess. There being no objection, the meeting was recessed at 3:10 p.m. The meeting was called back to order at 3:19 p.m., and proceeded as follows: Council Chair Furfaro: We're back from that short recess. May we have the next item, 2011 -121. Mr. Topenio: Council Chair on page three, communication to approve C 2011 -121. C 2011 -121 Communication (04/14/2011) from Councilmember Rapozo, requesting Council approval of the following Councilmembers to represent the Kauai County Council to the respective organizations stated below for the fiscal year 2011 -2012: Hawaii State Association of Counties: • Mel Rapozo — Representative • Jay Furfaro — Alternate Western Interstate Region Board: • KipuKai Kuali`i — Representative • Dickie Chang —Alternate National Association of Counties Board: • Nadine Nakamura — Representative • Tim Bynum — Alternate Mr. Rapozo: Mr. Chair. Council Chair Furfaro: Mr. Rapozo. COUNCIL MEETING -69- April 20, 2011 Mr. Rapozo: I think circulated is an amendment. I think I was dyslexic when I submitted the names to our staff to print the agenda. So what you should have before you dated April 20 is an amended letter to you with the NACo and WIR representatives switched. It was an inadvertent, dyslexic error on my part. Council Chair Furfaro: For the camera, would you go through the two changes, please. Mr. Rapozo: The Hawaii State Association of Counties representative will be myself with an alternate of the Chair, Mr. Furfaro. Western Interstate Region Board will be represented by Nadine Nakamura and Tim Bynum for the alternate. And the National Association of Counties Board will be represented by KipuKai Kuali`i and alternate Mr. Dickie Chang. Council Chair Furfaro: Okay. Ms. Yukimura: Mr. Chair. Council Chair Furfaro: Go right ahead. Ms. Yukimura: Is there a motion to substitute this letter? Is that how we do it? I'm just asking a procedural question? Mr. Rapozo: I guess we'll have to move to approve. Let me just move to approve the communication that is attached to your agenda, and we can start with that, and we can get a second. If I could get a second? Mr. Kuali`i: Second. Mr. Rapozo moved to approve communication C 2011 -121, seconded by Mr. Kuali`i. Mr. Rapozo: And then I would move to amend that communication as attached to the agenda with the one that is dated April 20, 2011. Council Chair Furfaro: Okay, has that been circulated? Mr. Rapozo: That should be. Ms. Yukimura: Yeah, we have it. Mr. Kuali`i: Second. Mr. Rapozo moved to amend C 2011 -121, as circulated in the letter dated April 20, 2011 (see Attachment No. 1), seconded by Mr. Kuali`i. Council Chair Furfaro: Okay. Mr. Bynum. Mr. Bynum: I got the agenda and I had discussions with individuals about these and I supported it. But now it's very different and I haven't had time to really think about it or discuss it with anyone. Council Chair Furfaro: So shall we move this to the end of the agenda? COUNCIL MEETING -70- April 20, 2011 Mr. Rapozo: I We have to get this approved today because we have to have it approved before the next HSAC meeting. Council Chair Furfaro: I understand that. That's why I asked to move it to the end of the agenda. Then I got an at least, but at least we don't have anybody. If we don't have anybody, the reality is nobody can do business. Mr. Rapozo: HSAC will not operate. Council Chair Furfaro: That's right. So we'll move it to the end of the agenda? Mr. Rapozo: I guess if you could just discuss the issue. I mean is it that you did not want the Western Interstate Region? That's what you told me last week when we spoke. You said you wanted to be on WIR. Mr. Bynum: I did? Mr. Rapozo: Yes, you did. That's why. And that was a mistake? Mr. Bynum: I don't recall having that discussion, so. Mr. Rapozo: Okay, well, I don't know what to say. Mr. Bynum: And it could be my fault. I just hadn't... Mr. Rapozo: I tried to put people where they had expressed interest. Mr. Bynum: When I saw the agenda item, Mel, I thought about it, I discussed it with a few individuals. But it's just different now. So if we could move this to the end of the agenda that might be sufficient for me to be able to contemplate it. Council Chair Furfaro: Okay, just so we all know we need to do this today. So I'm going to ask that we move this to the end of the agenda. Mr. Rapozo: Fine with me. Let's move on. Mr. Topenio: All right. Next matter, Council Chair, is a communication to approve C 2011 -122. C 2011 -122 Communication (04/14/2011) from Councilmember Rapozo, requesting Council approval of the Hawaii State Association of Counties (HSAC) Fiscal Year 2012 proposed annual operating budget: Mr. Kuali`i moved to approve communication C 2011 -122, seconded by Mr. Bynum. Council Chair Furfaro: Any discussion. Councilwoman Yukimura. Ms. Yukimura: I'm sorry I haven't had a chance to look at it either. There's no real significant change from last year? Mr. Rapozo: The changes are explained on the communication. Ms. Yukimura: Oh, okay. i1l1TTATl1TT TXTTT I7TATlY �� • •� .. .�__ COUNCIL MEETING -71- April 20, 2011 Mr. Rapozo: Unfortunately, I had stepped into the vacant seat left by Mr. Kawakami. Council Chair Furfaro: Fortunately, not unfortunately. Mr. Rapozo: So I did not participate... the unfortunate part was that I wasn't present during their discussions of the budget. But we did discuss this budget at the last meeting, which was the first day of budget, which I was not here. And it was explained and it's relatively the same. There are a little bit of changes. Ms. Yukimura: Well, I see that at least the membership fees have not changed. Mr. Rapozo: Right. Ms. Yukimura: So that's good. I mean that's really our main concern, I think. Mr. Kuali`i: I think the only change was that the travel budget went down because they voted, at their last convention it looks like, to travel to one less meeting or something... Mr. Rapozo: Right, reduced the number of committee travel. Ms. Yukimura: Thank you. Council Chair Furfaro: Which will equate to, we hope, fewer dues for us, we hope. Mr. Rapozo: Yeah. Ms. Yukimura: But no increase anyway. Council Chair Furfaro: It may be stagnant or a small decrease. Councilwoman Nakamura. Ms. Nakamura: I have one question and one comment. The national conference fund of $50,000.00, does anyone know what that's for? Mr. Rapozo: Yes, I actually know that. Council Chair Furfaro: Well, you were our past representative, so. Mr. Rapozo: The $50,000.00 sits in that account should Hawaii become a host of a national conference, whether it's a WIR or a NACo conference. We've hosted here on Kauai. Honolulu has hosted the NACo, the national conference. This is the seed money that would be there should Hawaii be lucky enough to host a national conference. Ms. Nakamura: Okay. And the second comment is that in the FY 2011 budget at the very bottom, the balance, when you look at the revenues and expenses, the balance is zero, and yet the carryover the following year, the FY 2011 budget, the fund balance prior year is $80,742. So I'm not sure where they got the $80,742 from if the previous year fund balance is zero. COUNCIL MEETING -72- April 20, 2011 Ms. Yukimura: Probably unexpended expenditures, plus maybe the $50,000 that actually carries over. Ms. Nakamura: These numbers all show up here. I just don't understand the math there. Ms. Yukimura: Yeah. Mr. Rapozo: I think that this balance line where it's zeroed out? Is that what you're asking about? I think that's an inadvertent entry. I don't believe that zero should be there. Ms. Nakamura: If you look at the revenues less total expenditures, it is a zero. Council Chair Furfaro: My perception is because there's been a change at the top, they may have zeroed out the old account and not shown the carryover balance, but we should get some clarification. Is there anyone we can have a staff member call, Mr. Rapozo? Mr. Rapozo: It would be Christiane. Ms. Nakamura: It would be the starting balance then should be higher. Council Chair Furfaro: Yes. Shall I ask Christiane to call? Mr. Rapozo: Sure. Ms. Nakamura: Other than that, I'm fine. But to me, it jumped out at me. Council Chair Furfaro: Very good. Christiane, did you follow that conversation? Would you make a call? CHRISTIANE NAKEA- TRESSLER, Legal Analyst: Sure. Council Chair Furfaro: Okay, we're going to move this to the end of the agenda as well. Mr. Rapozo: I think the $80,000 that would be your ... it's almost like how we operate our budget with a surplus or what's in the bank. Ms. Nakamura: Okay. Mr. Rapozo: This one here you are talking about? Ms. Nakamura: Yes. Mr. Rapozo: Yeah, because we require a balanced budget as well. So this would just be your unexpended surplus. Council Chair Furfaro: I was going to say carryover. COUNCIL MEETING -73- April 20, 2011 Mr. Rapozo: Carryover, yeah. I know you don't like the word surplus. Your reserve and it's put in that line item to amount to that zero balance. And that would be your bank statement, your closing out bank statement at the end of the fiscal year, but Christiane can follow up. Council Chair Furfaro: She's doing that now and we'll move the vote on this agenda item to a later part of the meeting. We'll go to claims. CLAIMS: Mr. Topenio: All right, Council Chair, we have six claims. The first one is C 2011 -123. C 2011 -123 Communication (03/29/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Eric King for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Kuali`i moved to refer C 2011 -123 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Ms. Yukimura. Council Chair Furfaro: Mr. Topenio: C 2011 -127, and C 2011 -128. Why don't you read them all. Okay, C 2011 -124, C 2011 -125, C 2011 -126, C 2011 -124 Communication (03/30/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Evelyn J. Banko for medical bills, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Kuali`i moved to refer C 2011 -124 to the County Attorney's Office for disposition and /or report back to the Council, seconded by Ms. Yukimura. C 2011 -125 Communication (03/30/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Svetlana Anderson for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Kuali`i moved to refer C 2011 -125 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Ms. Yukimura. C 2011 -126 Communication (3/30/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Ephraim E. Kaleiohi III for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Kuali`i moved to refer C 2011 -126 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Ms. Yukimura. C 2011 -127 Communication (04/04/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Raymond P. Rapozo, Jr., for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Kuali`i moved to refer C 2011 -127 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Ms. Yukimura. C 2011 -128 Communication (04/06/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Franklin K. Iwai for damage to his boat, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Kuali`i moved to refer C 2011 -128 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Ms. Yukimura. COUNCIL MEETING -74- April 20, 2011 Council Chair Furfaro: And should it be necessary, the county attorney would report back to us for any claims settled beyond $2,000.00, okay. Any discussion? All those in favor? The motion to refer C 2011 -123, C 2011 -124, C 2011 -125, C 2011 -126, C 2011 -127, and C 2011 -128 to the County Attorney for disposition and/or report back to the Council was then put, and unanimously carried. Council Chair Furfaro: Thank you very much. Next item. Mr. Topenio: Next matter, Council Chair, is on the top of page four. We have two Committee of the Whole reports for approval, CR -COW 2011 -12 and CR -COW 2011 -13. COMMITTEE REPORTS: COMMITTEE OF THE WHOLE A report (No. CR -COW 2011 -12) submitted by the Committee of the Whole, recommending that the following be received for the record: "COW 2011 -04 Communication (4/5/2011) from Bob French, President, Lealani Corp dba Brennecke's Beach and Broiler, requesting agenda time to provide information to the County Council regarding the Brennecke's Wastewater System Service Connection Project," Ms. Yukimura moved for approval of the report, seconded by Mr. Kuali`i. A report (No. CR -COW 2011 -13) submitted by the Committee of the Whole, recommending that the following be approved as amended: "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," Ms. Yukimura moved for approval of the report, seconded by Mr. Kuah'i. (See later for Bill No. 2395, Draft 1) Council Chair Furfaro: All those in favor. Oh, excuse me, we have someone from the public that wishes to speak. The rules are suspended. There being no objection, the rules were suspended. HORACE STOESSEL: Thank you, Mr. Chairman, I'm not sure ... I don't have a copy of the agenda. What are the two items that are referenced in this motion? Council Chair Furfaro: The reference is a presentation that was made to the council as a body from Mr. Bob French, President of Lealani Corporation, regarding some time to provide information to us dealing with the potential trenching and rehooking up of a wastewater management system that goes to a private operator. That was item no. 1. Item no. 2 is dealing with an ordinance of the Kauai County Code, which is an amendment related to the salaries of the officers and employees. And was that item read? It was, right? So we have two items here. So there's the wastewater and the salary piece. rAf- %TTATlVTT T?TlT1TTl. TIV COUNCIL MEETING Mr. Stoessel: -75- Is the salary piece Bill 2395? Council Chair Furfaro: Yes. Mr. Stoessel: May I continue then? Council Chair Furfaro: Yes, you may. April 20, 2011 Mr. Stoessel: My name is Horace Stoessel. I had not intended to say anything today because I submitted two written testimonies, provided them to councilmembers by email, and I believe you've been handed hard copies of those today. Council Chair Furfaro: That's correct. Mr. Stoessel: I feel a need to say something about one issue based on a question Mr. Bynum raised with me during the break. That's not an accusation, sir. At the very end of the second and shorter testimony that I submitted, I raised the point and I will handle this as quickly as I can, that as matters now stand, members of the executive branch will receive 7% raises as of July 1. I mentioned that back in November, the council, what I call, "warmly endorsed" a provision in the last salary ordinance, excuse me, salary resolution, which was in November, which said this: The mayor, with approval of the county council, is hereby authorized through the county's annual operating budget to limit the funding and thereby reduce the salary for any non - elected officer or employee to an amount lower than the figure established for the position in this resolution. That is the salary resolution currently in effect. I argue in this piece that that provision is not valid. But to keep it short, I will jump to my final point, which is that even if you assume it is valid, that would mean that the mayor and council can arbitrarily lower salaries of any appointed official. It does not mean that you can lower the salary of the mayor. That provision refers only to appointed officials. And so the conclusion of my testimony was this: Is it the intention of the salary commission, the mayor, and the council that the mayor will be the only member of the executive branch to receive a salary increase on July 1? I don't feel any need to ask you to respond to this at this point. I did feel a need to say, this is a piece of unfinished business that needs to be taken care of in connection with the budget process and I thank you. Council Chair Furfaro: Thank you, Mr. Stoessel. Mr. Bynum. Mr. Bynum: So your belief is that the mayor would automatically receive a pay increase on July 1? Mr. Stoessel: That's not a belief, sir. That is simply a reflection of the facts in the case. The salary commission is the only agency that can change the mayor's salary, even under this invalid provision that's in that salary resolution. Council Chair Furfaro: Councilwoman Yukimura. Ms. Yukimura: Thank you, Mr. Stoessel. I think I agree with you. In terms of the bill that's before us today though, your testimony is not about that, right? Mr. Stoessel: No, it's not about this bill. COUNCIL MEETING -76- April 20, 2011 Ms. Yukimura: Okay. Mr. Stoessel: One reason I didn't intend to say anything is that I prepared those testimonies, sort of for future reference of the council. Ms. Yukimura: Right, thank you. Council Chair Furfaro: That's much appreciated. I also want to thank you for your concurrence that for other department heads, we do reserve the right to bring them in at a rate below the approved rating based on experience, time, exposure and so forth, but not to exceed the amount that is in the salary commission. Mr. Stoessel: I do agree with that, yes. Council Chair Furfaro: Thank you, sir. Mr. Stoessel: You're welcome. Council Chair Furfaro: Okay, you have another question for Mr. Stoessel? Let me call the meeting back to order. Okay, is there anyone else who would like to speak on that item? If not, I am going to call the meeting back to order. The floor recognizes Mr. Bynum. There being no one else wishing to speak on this item, the meeting was called back to order, and proceeded as follows: Mr. Bynum: I thank Mr. Stoessel for his testimony and I guess I just want to say that he may be correct and I think we need to look at this because I asked the mayor if he intended to have an increase in salary this year and he said no. And his budget does not reflect an increase in that line item. So this is an interesting situation. So I just wanted to make that comment. Council Chair Furfaro: Fine. I think the county attorney heard that discussion, whether the intentions of the mayor are to waive a portion or not, I think, deserves further discussion, and we'll leave it at that for today. Thank you, Mr. Stoessel. I am waiting for a motion to approve these reports. Ms. Yukimura: Mr. Chair. I believe there is a motion pending, that there is one already made. Council Chair Furfaro: Okay, it is a voice vote and we do have the motion. I'm sorry. At times I do get caught up in the dialogue and my apologies. We have the motion and second. All those in favor? The motion for approval of Committee Reports CR -COW 2011 -12 and CR -COW 2011 -13 was then put, and unanimously carried. Council Chair Furfaro: Thank you very much. There being no objection, the meeting was recessed at 3:39 p.m. The meeting was called back to order at 4:30 p.m., and proceeded as follows: !Y /'1T TA T!"ITT T?T.I T.ITTT. TlY nn • •� .-. .. .. ..- COUNCIL MEETING -77- April 20, 2011 COMMUNICATIONS: Council Chair Furfaro: We're back from a recess. Mr. Clerk, I would like to go to the items that we postponed to the end of the agenda, including these nominations and, of course, also the HSAC budgeting issues. Mr. Nakamura: Council Chair, we're back on page three of the council's agenda on communication C 2011 -121: C 2011 -121 Communication (04/14/2011) from Councilmember Rapozo, requesting Council approval of the following Councilmembers to represent the Kauai County Council to the respective organizations stated below for the fiscal year 2011 -2012: Hawaii State Association of Counties: • Mel Rapozo — Representative • Jay Furfaro — Alternate Western Interstate Region Board: • KipuKai Kuali`i — Representative • Dickie Chang — Alternate National Association of Counties Board: • Nadine Nakamura — Representative • Tim Bynum — Alternate Council Chair Furfaro: Thank you and we have a motion to approve and then we were in discussion. So shall we continue the discussion here? Mr. Rapozo: amendment right now. Mr. Nakamura: Council Chair. Council Chair Furfaro amendments? Mr. Bynum. Mr. Bynum: Council Chair Furfaro: I believe we're actually on the discussion of the My apologies. Councilmember Rapozo is right, Okay, is there any further dialogue on the This is on 121? 121, yes Mr. Bynum: Yeah. I'm feeling like I'm in a dilemma, so I'm going to fall back on just telling the truth. When I came on the council, HSAC and NACo were being represented by Mel and Shaylene at the time. They were very enthusiastic; they were providing good leadership. I was new to the council. I didn't really know much about HSAC or NACo at the time. But they were very enthusiastic and I started attending HSAC meetings and NACo meetings, and I got excited, too. HSAC is the Hawaii State Association. It really relates to the county's position with the state legislature and the governor. And we've had good leadership and all councilmembers can be involved in all of these. WIR, to me, was kind of off to the side, and people weren't all that excited about it. And NACo is about our National Association of Counties and our relationship with the federal government, and federal funding and federal programs, and I've been to those meetings as well. And I thought that Shaylene and Mel did a great job of representing the council in both of those. COUNCIL MEETING -78- April 20, 2011 The next term Shaylene and Mel weren't there and I expressed an interest in working as HSAC or NACo in any leadership role, and I expressed an opinion and I thought people with experience on the council should be in the leadership roles. At the time, honest, I was in the minority on the council and Kaipo had control of all of those positions and they all went to people he chose. Well, that's politics. I live with that. We're not in that realm today. I think we have an independent council where there isn't a hui running it, and I think that's a great thing. But I have expressed an interest long -term on HSAC or NACo, and I don't have an interest in WIR. So when I saw the make -up as it was, I had concern that two new councilmembers were in leadership roles, but hey, that's okay because I know that they are really quality individuals who will keep their commitments. But I have no interest in WIR, and so that's where I'm at. I don't want to be an alternate in a position that I really don't have an investment because it's a commitment of time and energy that I could easily make to HSAC or NACo, but not... So that's where I'm at. Council Chair Furfaro: Okay. Mr. Rapozo: Mr. Chair. Council Chair Furfaro: Yes, go ahead. Mr. Rapozo: I just want to give my reasons for the names that are in the positions that they are. The Western Interstate Region, in my experience, pertains more to the planning aspect, land use, zonings, the issues that affect the western states, and I felt that Councilmember Nakamura as the planning committee chair would be most appropriate. Likewise, the NACo board rep is the person that goes up and deals with most of the legislative issues nationally. Mr. Kuali'i is our intergovernmental relations chair. That seems to be the proper fit. You know I got introduced to HSAC and the NACo and WIR in my first term. I just want to make sure the public understands that there's a lot more to NACo and WIR than Mel and Shay. There was Jimmy Tokioka, there was Ron Kouchi, there was Daryl Kaneshiro. In fact, Daryl was the NACo rep board member for many years and Daryl Kaneshiro was the man that pretty much, I think, between him and Jimmy Tokioka, really put Kauai on the map for our national associations. And yes, we continued and I think we represented Kauai well, but I think there has got to be a connect to your responsibilities on the council. And just in my experience because I was the WIR rep for several years, in my opinion, it belongs to the people who are interested in planning and who really governs the planning issues of Kauai. So that's the rhyme and reason why those names appear. In a discussion I had with Mr. Bynum last week or it could have been earlier this week, I believe he said he was interested in WIR and he's saying he didn't say that. Mr. Chang has expressed interest in the NACo alternate and Mr. Chang has participated with NACo and that is why he is there. And Mr. Furfaro, obviously as the council chair, I had asked you if you were interested simply because of your leadership role here on the Kauai County Council. So that is the justification. Councilmember Yukimura's name is not on here because we only can put six and she never expressed any interest as far as these positions, and that's the only reason why her name is not here. I don't know what we would have done if she did express interest. I don't know. 1- 1fITTAT!'ITT TiTTTPMTATC4 nn ♦ •1 c.— — ti COUNCIL MEETING -79- April 20, 2011 Council Chair Furfaro: She just said she's not complaining, so. Mr. Rapozo: But anyway I just wanted to clarify the reasons why those names are where they are on this memo. Thank you. Council Chair Furfaro: Okay, Mr. Bynum. Mr. Bynum: I just want to clarify that I'm reluctant to make a commitment to WIR because it involves a commitment to travel. I want to keep travel to a minimum and I'm very invested in doing NACo and smart growth as the travel I do to keep it down. So I just don't want to make a commitment to something that I don't think I'm prepared to make that commitment because I take my commitments seriously. So I don't know. Council Chair Furfaro: Councilwoman Yukimura, did you have a comment? Ms. Yukimura: Well, I was going to say that I will not be voting for this amendment. I think I'd like to honor the seniority of Councilmember Bynum, as well as his interest. So that's where I stand and if he does not want the alternate position in Western Interstate Region board, then we need to put someone else there and it's okay for one person to have two slots, if they are really interested in it. So we need to put somebody there. Mr. Rapozo: I hoped to allow as many different people, but that's fine. I'm sure we can... if nobody else wants it, I'll put my name as the alternate for WIR. That wouldn't be a problem. Council Chair Furfaro: Any further discussion? Mr. Rapozo: But we need to ... I'm going to have to change that amendment because right now we have Mr. Bynum on the WIR alternate and we'd have to obviously remove his name. Is anyone interested in WIR alternate? If not, mister... Mr. Kuali`i: You know I would say that I'm happy to serve however needed, but being that I'm the ex- officio member of the planning committee and ... let me just do what I'm doing now, so no. Mr. Rapozo: Okay. Council Chair Furfaro: Let me settle this whole thing, okay. It's not about seniority. It's not about anything more than putting the right people that connect with their committee to say, look, I'm the most senior consecutive councilmember on this body right here. I have never served or had an opportunity to serve on any of these. I would like to serve on the Hawaii State Association of Counties simply as Chairman and simply as we go into the financial issues in the state. I served six years as chair of finance, for this county, and economic development. And many of the successes we have in the audit have been accomplished because of that. I'm also the first one to say leadership is about spreading responsibilities. So if I need to step out of the Hawaii State Association of Counties to make this work, I will do that. But I will be ten years on the council and never got to serve on any, even as an alternate, but Mr. Bynum has expressed that interest and I'm prepared to do that to make this work, so. Mr. Bynum. COUNCIL MEETING -80- April 20, 2011 Mr. Bynum: I want to be really clear. I'm not asking for anything. I'm just saying I'm not prepared to make a commitment to travel related to WIR. So I'm not asking to be placed anywhere else right now. Council Chair Furfaro: But the discussion came up about seniority and so forth, and I'm just saying I've never had the opportunity to serve and represent Kauai County in any of these committees, even as an alternate. I am willing to give that to you, Mr. Bynum, and I have no problem giving that to you. Mr. Bynum: I guess I got a problem. Thank you, that's very gracious. But it's correct, you're great in this place, and if you want it, you should have it, so. So I'm sorry to create, but I don't want to make a commitment that I really don't feel is appropriate. Mr. Rapozo: Mr. Chair, I've asked staff to produce another amendment. So I withdraw the amendment that's on the table right now. I'll move to withdraw my motion to approve. I'm not sure who did the second. Mr. Kuali`i, could you withdraw your second. Mr. Kuali`i: Withdraw. Mr. Rapozo withdrew his motion to amend C 2011 -121, as circulated, and Mr. Kuali`i withdrew his second. Mr. Rapozo: And then we're back to the main motion. And I would ask that we ... we can move on to the budget, if we could, the HSAC budget, so we can await the preparation o£.. Mr. Bynum: (Inaudible.) Can I? Council Chair Furfaro: We're just going to move... Mr. Bynum: Mr. Rapozo? May I ask Mr. Rapozo a question? Council Chair Furfaro: Sure. Mr. Bynum: Because I'm less familiar with WIR, does being the alternate involve a commitment to travel? Mr. Rapozo: If the primary WIR person does not go, we need to send someone to represent the County of Kauai, as we do for NACo and as we do for HSAC. Mr. Bynum: Right, but as a routine, does the alternate travel as a routine matter? Mr. Rapozo: No. Ms. Yukimura: No, as an alternate. Council Chair Furfaro: Only as an alternate. Mr. Bynum: Well then maybe I'm creating a lot of problems I didn't need to create because... /"7l1TTXT1 -4TT '% rTTITTI&TlY n1 A 1 -- - - COUNCIL MEETING -81- April 20, 2011 Mr. Rapozo: I think and Mr. Furfaro has made it quite clear that there is going to be adjustments to our travel policy and so there's going to be a limit to what councilmembers travel. So the NACo director obviously gets reimbursed. WIR member gets reimbursed. But if an alternate should want to go for the sake of going, then obviously that will come out of our travel budget. So I think we need to keep that in mind. And there's one NACo conference a year. There's one WIR conference a year, and there's the NACo legislative conference every year. So that's the three opportunities really that's required. HSAC would require the most interisland travel, although as the new President, I'm trying to bring the meetings to Kauai, and we've been lucky, and the next meeting is here. It's to cut our costs. Council Chair Furfaro: Yes and I want to compliment you for bringing it here. Mr. Rapozo: And we're going to try and do that as often as we can because it costs money to travel. It would take myself and staff member, and a car rental and a per diem and all that. So if we can get the meetings here, not only is it more cheap, it also gives the rest of you an opportunity to participate in the HSAC meeting as well. So until the other islands disagree, which they seem to want to come here, that's fine. We'll keep it here. And that's just one of the nice things about having the presidency in HSAC. So you know there's many travel opportunities. I know you go to smart growth and I'm not sure what the travel scene will be like this year. And it's unfortunate because I think we can all agree that those conferences are vital and very, very important and bring back a lot of good stuff. So having said that... Council Chair Furfaro: Mr. Chang wanted to be recognized. Mr. Chang: Thank you, Chair. Mr. Chang: First of all, what I would like to say, to make a comment, if this discussion was going on on the Big Island or County of Honolulu or the County of Maui, I think what we should first and foremost look at is the great, great representation that the island of Kauai has for HSAC, WIR and NACo. There is the most visible presence of our county of Kauai nationally at WIR and HSAC. So first and foremost, we have to fill in the alternate wherever it's going to be and that's what I would like to say. I was extremely blessed in my first term to serve as the Western Interstate Region my first year around. This second year around I was actually the alternate. I agree with Councilmember Rapozo that given the background that Councilmember Nakamura has, knowing the issues I know at the Western Interstate Region, I believe she is the best fit for that position. I have gained many, many relationships with people at the Western Interstate Region. I mean dear friends, great, great friendships, and I still want to be a part of that point discussion because I have been trying to do a Western Interstate Region on the island of Kauai. We were extremely close, but in the state of our statewide budget, it's a collaborative thing in which we need all of our partners, county of Hawaii, Maui, Honolulu, Kauai to support a conference if it was here. It's not just Kauai hosting. It's the state of Hawaii hosting. So I'm still interested in helping to support having a conference, which I already talked to the hoteliers a while back. But the reason that I would wish to serve on the National Association of Counties, for the past three years I had the pleasure of going up to Washington, D.C. and I've met many, many, many people and I've gained many, many, many relationships. This last term I went up in March with Councilmember Kawakami, I went up there with a COUNCIL MEETING -82- April 20, 2011 total different sets of eyes. Like eventually one day I thought to myself, if I needed to lead a contingency, I would know who to go, where to go, how to get where we need to go, and I would be able to rally around support for not only for the island of Kauai but certainly first and foremost the state of Hawaii. And I feel and felt very confident with the presidents knowing my name, I mean past board presidents knowing my name and just great, great relationships. I wanted to say our chancellor is in Washington, D.C. I found out she was going to Washington, D.C. Just today, I picked up the phone, got her appointments with Inouye's office, Senator Akaka's office, Congresswoman Mazie Hirono's office, and all of that was just based on picking up the phone and just calling the contacts that you know to get it done. And this was done very last minute, considering tomorrow is Good Friday, and many people aren't going to be where they need to be, so. Council Chair Furfaro: Actually tomorrow is Thursday. Mr. Chang: I beg your pardon. Council Chair Furfaro: That's all right. I'm a good Catholic boy. Mr. Chang: I'm losing my mind. We've been here for two weeks, so I beg your pardon. I'm sorry. But you know what I would like to say, first of all I think it is extremely important that we are blessed that Kauai has great, great representation. I just want to say if it will make things easier, I will switch from the National Association of Counties and I would go back to the alternate of the Western Interstate Region just in the spirit of unity or aloha. But I do want to be able to say that I want to be considered because I don't want people to say, ho, you just gave in or why didn't you hold your ground or what have you, but I just want to let everybody know come next March, I would want to go just based on the fact that I believe I know what's going on and I believe I have the relationships to share with the nation. I believe I have the connections. So I would be, at this point, if we can't work it out, I just think it's important that we do because Kauai as a whole has a great opportunity to be represented with our councilmembers. Thank you. Council Chair Furfaro: Okay. Any more discussion? If not I'm going to ask we vote on the agenda. Mr. Bynum. Mr. Bynum: I think it just gets more confusing and everybody is being so gracious. Based on what Mr. Rapozo said that WIR, really as an alternate doesn't require, maybe we should just leave it the way it is because if it's an alternate position that I'm called on, I'll meet that obligation. So maybe we should just leave it the way it is. Because, you know, just for anybody in the public that might be watching this, I think we're coming to a thing where we try to limit our travel to things that are important. The NACo conferences are open to all councilmembers. I've attended several of them. I will in the future because they're extremely valuable for the county. But I don't think any of us intend to travel a lot and we're going to have restrictions. So perhaps we should just leave it the way it is and vote on the amendment. And with the clarifications that I've received, that'll work. Council Chair Furfaro: Okay. Mr. Rapozo: Move to amend as circulated. Ms. Yukimura: Second. 1-11ITTAT1 -1TT 'TXT71"rTTTT!`I COUNCIL MEETING -83- April 20, 2011 Council Chair Furfaro: There's a second. Any further discussion? If not all those in favor to approve as circulated in the amendment, say aye. Mr. Rapozo moved to amend C 2011 -121, as circulated in the letter dated April 20, 2011 (see Attachment No. 1), seconded by Ms. Yukimura, and unanimously carried. Council Chair Furfaro: We're back now to the main piece, and is there any further discussion? If not, this is a roll call vote. The motion to approve C 2011 -121, as amended, was then put, and carried by the following vote: FOR APPROVAL: Bynum, Chang, Kuali`i, Nakamura, Rapozo, TOTAL — 7, Yukimura, Furfaro AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0. Mr. Nakamura: Seven ayes, Mr. Chair. Council Chair Furfaro: Thank you members and especially for the discussion, very public about the structure of this representation. Thank you. Next item. Mr. Nakamura: Next matter for approval is communication C 2011 -122, which is a communication from Councilmember Rapozo, requesting Council approval of the Hawaii State Association of Counties Fiscal Year 2012 proposed annual operating budget. Council Chair Furfaro: Okay, Mr. Rapozo, I think we're going to give you the floor as there was some time to review the carryover funds as given to us in a bookkeeping document. Mr. Nakamura: Council Chair, just one correction. There is a motion and second to approve this. Council Chair Furfaro: Yes, there is. Mr. Rapozo: Thank you. And we did contact the treasurer and as we suspected that is true. That is the carryover and that does include the $50,000.00 for the conference, the national conference fund. I do agree with Councilmember Nakamura, and yourself, Mr. Chair, and we will definitely have the treasurer's report, as it is done on a monthly basis, reconfigured so that it would accurately depict the carryover balances like it should. So we will make sure that is addressed at the next meeting. Council Chair Furfaro: Thank you. And if they can just put some asterisks with a banking note at the (inaudible), it would be very appreciated. Okay, any further discussion? If not, this is a floor vote, right? Mr. Nakamura: Voice vote. Council Chair Furfaro: Voice vote, floor vote. Okay, all those favor, say aye. The motion to approve C 2011 -122 was then put, and unanimously carried. COUNCIL MEETING -84- April 20, 2011 Council Chair Furfaro: Thank you very much. We did claims. We're now back to page four and we are in resolutions. RESOLUTION: Mr. Nakamura: The next resolution, Council Chair, is Resolution No. 2011 -50. Resolution No. 2011 -50, RESOLUTION CONFIRMING COUNCIL APPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION (Nancy Ann McMahon — Archaeology designation): Ms. Yukimura moved to defer Resolution No. 2011 -50, seconded by Mr. Chang, and unanimously carried. Council Chair Furfaro: Thank you, next item. BILL FOR FIRST READING: Mr. Nakamura: We're on bills for first reading, Mr. Chair, one bill, Proposed Draft Bill (No. 2407). Proposed Draft Bill (No. 2407) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -706, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 TO JUNE 30, 2011, BY REVISING THE PROJECT DESCRIPTION OF CERTAIN ITEMS CONTAINED IN THE BOND FUND Council Chair Furfaro: approve this on first reading. Mr. Kuali`i: Mr. Rapozo: information on. Council Chair Furfaro: Thank you very much. I'm looking for a motion to Move to approve on first reading. There's a public hearing that I don't have the May 18. Mr. Rapozo: Okay, move to approve on first reading, schedule public hearing on May 18 and refer to the Public Safety Committee. Mr. Kuali`i: Second. Council Chair Furfaro: And I want to say it's Public Safety & Environmental Services Committee, right? Mr. Rapozo: That's the one. Mr. Rapozo moved for passage of Proposed Draft Bill (No. 2407) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 18, 2011, and that it thereafter be referred to the Public Safety & Environmental Services Committee, seconded by Mr. Kuali`i. Council Chair Furfaro: This is a floor vote? Mr. Nakamura: Roll call. !'Il1TTNTOTT 'NtTE1VTT7,T0 - nr • 1.,. ..,.� COUNCIL MEETING -85- April 20, 2011 Council Chair Furfaro: Roll call. Mr. Nakamura: Councilmembers Bynum? Mr. Bynum: Can I ask a question? Mr. Nakamura: Oh, I'm sorry. Council Chair Furfaro: Sure. Mr. Bynum: Never mind. Aye. The motion for passage of Proposed Draft Bill (No. 2407) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 18, 2011, and that it thereafter be referred to the Public Safety & Environmental Services Committee was then put, and carried by the following vote: FOR PASSAGE: Bynum, Chang, Kuali`i, Nakamura, Rapozo, TOTAL — 7, Yukimura, Furfaro AGAINST PASSAGE: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0. Mr. Nakamura: Seven ayes, Mr. Chair. Council Chair Furfaro: Thank you. Now we're going to move to bills for second reading. BILL FOR SECOND READING: Mr. Nakamura: One bill for second reading is Bill No. 2395, Draft 1, which is a bill for an ordinance to amend Chapter 3 of the Kauai County code, as amended, relating to the salaries of county officers and employees. The Committee of the Whole recommended approval of Bill 2395 as amended to Draft 1. Bill No. 2395, Draft 1 - 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: Ms. Yukimura moved to adopt Bill No. 2395, Draft 1, on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr. Kuali`i, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Kuali`i, Nakamura, Rapozo, TOTAL — 7, Yukimura, Furfaro AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0. Mr. Nakamura: Seven ayes, Mr. Chair. Council Chair Furfaro: Thank you. I guess next we would like to have the county attorney up. There being no objection, the rules were suspended. COUNCIL MEETING -86- April 20, 2011 ALFRED CASTILLO, County Attorney: Good afternoon, Council Chair, Councilmembers, Al Castillo, County Attorney. The next matters for your consideration are ES -483 and ES -484. ES -483 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide Council with a briefing and request authority for settlement regarding Notice of Claim Against the County of Kauai filed by Kevin Carter, Representative for McDonald's Restaurant on December 7, 2009, and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES -484 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 on breach of confidentiality, and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. Thank you. The meeting was called back to order, and proceeded as follows: Council Chair Furfaro: May I have a motion? Mr. Rapozo: Move to go into executive session for items related by the county attorney. aye. Council Chair Furfaro: Thank you. May I have a second? Ms. Yukimura: Second. Council Chair Furfaro: Thank you. All those in favor, signify by saying Mr. Rapozo moved to convene in executive session, seconded by Ms. Yukimura, and unanimously carried. Council Chair Furfaro: BC, I do not think we come back. We are finished for the day. There being no objection, the meeting was recessed at 4:56 p.m. The meeting was called back to order at 6:03 p.m., and proceeded as follows: ADJOURNMENT. There being no further business, the meeting was adjourned at 6:03 p.m. Respectfully submitted, PETER A. NAKAMURA /wa County Clerk COUNTY COUNCIL Jay Furfaro, Chair JoAnn A. Yukimura, Vice Chair Tim Bynum Dickie Chang KipuKai Kuali`i Nadine K. Nakamura Mel Rapozo Council Services Division 3371 -A Wilcox Road Lniu`e, Kauai, Hawaii 96766 April 20, 2011 The Honorable Jay Furfaro, Council Chair Kauai County Council Lihu`e, Hawaii 96766 Dear Chair Furfaro and Councilmembers: OFFICE OF THE COUNTY CLERK Peter A. Nakamura, County Clerk Eduardo Topenio, Jr., Deputy County Clerk Telephone (808) 241 -4188 Fax (808) 241 -6349 Email cokcouncil(@kauai.gov This is to request your approval of the following Councilmembers to represent the Kauai County Council to the respective organizations stated below for the fiscal year 2011 -2012: Hawaii State Association of Counties Mel Rapozo — Representative Jay Furfaro — Alternate Western Interstate Region Board Nadine Nakamura — Representative Tim Bynum — Alternate National Association of Counties Board KipuKai Kuali`i — Representative Dickie Chang — Alternate Thank you for your attention to this matter. Sincerely, MEL RAPOZO Councilmember cnt A—} j ATTACHMENT No. 1 /�� `� �� AN EQUAL OPPORTUNITY EMPLOYER