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HomeMy WebLinkAbout6/1/2011 Regular Council MeetingCOUNCIL MEETING June 1, 2011 The Council Meeting of the Council of the County of Kauai was called to order by Council Vice Chair Yukimura at the Council Chambers, 3371 -A Wilcox Road, Lihu`e, Kauai, on Wednesday, June 1, 2011 at 9:41 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 EXCUSED: Honorable Jay Furfaro, Council Chair Vice Chair Yukimura: The meeting will come to order. I want to say that Council. Chair Furfaro is in San Francisco with an administrative team to work on refinancing some bonds so that there'll be more money for county needs and services and therefore I'm taking his place today and I want to welcome you all and thank you all for your support in keeping this meeting running smoothly and efficiently and effectively. Mr. Nakamura: APPROVAL OF THE AGENDA: Next matter is approval of the agenda. Mr. Bynum moved to approve the agenda as circulated, seconded by Mr. Chang, and unanimously carried. Mr. Nakamura: Next matter is approval of the Minutes of the following meetings of the council. MINUTES of the following meeting of the Council: Council Meeting of May 4, 2011 Public Hearing of May 4, 2011 re: Bill No. 2402, Bill No. 2403, and Resolution No. 2011 -45 Public Hearing of May 18, 2011 re: Bill No. 2407 Council Site Visit of May 24, 2011 Mr. Rapozo moved to approve the minutes as circulated, seconded by Mr. Chang, and unanimously carried. Vice Chair Yukimura: Next please. Mr. Nakamura: Vice Chair, at this time there's a request to take up on page 2 of the council's agenda Communication C 2011 -178. COUNCIL MEETING - 2 - COMMUNICATION: June 1, 2011 C 2011 -178 Communication (05/11/2011) from Councilmember Nakamura, requesting agenda time for the Administration to brief the Council on the County's Anti -Drug Program, the progress it has made and plans for the program. Vice Chair Yukimura: Thank you, Mr. Clerk. The chair will suspend the rules and ask Ms. Koki to come forward and also I see Ms. Smith. There being no objection, the rules were suspended. THERESA KOKI, Anti -Drug Coordinator: Good morning, Vice Chair Yukimura, and Councilmembers. For the record my name is Theresa Koki and I am the Anti -Drug Coordinator for the County of Kauai. Vice Chair Yukimura: Theresa, would you like to introduce Rebecca too? Ms. Koki: Yes. Vice Chair Yukimura: Okay. Ms. Koki: So to my right here, I have Rebecca Smith, who's our program specialist for our under -age drinking grant, and also in the audience we have Lechelle Acia, she's our data specialist; and Brenda Jose, who's our outreach coordinator. We also had, up until yesterday, Celeste Inanod, as our administrative specialist, and we have a student intern this year, Kyara Bunao. So for Lechelle, her background is in treatment and she's pursuing her master's degree in rehabilitation counseling. Brenda is our outreach coordinator and has at least 12 years combined experience in volunteerism and work with the youth. At the top of her priority list these days as you'll be hearing more from her later in this presentation is the environmental strategies to prevent underage drinking. Rebecca has worked as a tobacco cessation and treatment cessation specialist for Kaua`i's Westside School Complex for eight years now and is our SPF SIG program specialist for our Strategic Prevention Framework State Incentive Grant. And our student volunteer, our student intern Kyara happened upon us for her senior project. She did it in drug treatment and she's decided to stay with us for the summer. And she's going to be attending Northern Arizona University pursuing her degree in drug treatment counseling. So we have a lot of experience here from a senior in high school to myself, who's been in the program for over five years now. Okay and this is a picture of all of us at our April's Fools event that we had on April 1st. So our office basically operates on the strategic plan that we did called the Kauai Community Drug Response Plan for 2008 to 2013. And first I'd like to acknowledge Vice Chair Yukimura, your work in helping us with this plan moving forward, Councilwoman Nadine Nakamura's hard work in the first plan that we had for 2004 to 2009, and also your work Vice Chair Yukimura and Mel Rapozo's work on the communities that care that built the very foundation for our anti -drug program, so thank you for that. So in our drug response plan, we have four components that were identified and we have four committees that meet monthly to work on these problem areas and the focus is in prevention, treatment, enforcement and community integration. We also have a drug action team that's made up of all of the chairpersons of each committee and we meet monthly to plan out our meetings. COUNCIL MEETING - 3 - June 1, 2011 And here are the current priorities of each committee. For the prevention, you'll be hearing more about it later on with Rebecca Smith, as our prevention project specialist. We're working on a collective impact with prevention providers that's implementing evidence -based programs. So basically they share and discuss all the resources and combined efforts and want to be collaborating partners with the funding that they receive from us. Our enforcement group, right now we're currently recruiting a chair and vice chair. They've been without one for a while, but they don't mind. They're focusing on the group of people that are loitering outside of the Big Save parking lot and at the bus shelter in Lihu`e. Some of the things that's happening in the corner of Big Save is underage youth are doing what we call a shoulder tap, which is illegal, and asking the homeless people, here's twenty bucks, buy me a six -pack and you can buy yourself one or just keep the rest of the moneys. So we've been investigating that area: It's been a target for underage drinking. Our treatment is working on a substance abuse continuum of care of adolescents. We have one in our Kauai Community Drug Response Plan for adults, but we really need to focus on our adolescents in getting a continuum of care, wraparound services treatment programs and various opportunities for them to heal in our community. And then last, but not least, our community integration which would consist of a re -entry program that's a federal mandate, of course it's not being funded. The position from public safety here on Kauai has been cut and it's just a statewide one person trying to do the re -entry program for people that are coming back from treatment and also from prison, incarceration. They have to start all over again with their paperwork and in getting a house, where to live and we recently visited the prison with the mayor and found that at any time when people are released, they don't have any transportation. They have to leave the property, so they hitchhike and they start getting into the wrong group again. So we identified that we don't even have transportation there to pick up the inmates after they're released. And we're formulating, in the community integration group and I have Arvin Montgomery here with us today as part of our audience, he's diligently working with a subcommittee on gathering information on who hires people who have offenses on their record and where can they go to get transportation or someone to help them. And we're working closely with public safety, Ronnie Lemn and Bradley Chiba on that program that's basically unfunded. So we're starting to make a list and we promised them that we would compile a list of places they can go to work and help that they can receive, whether it's from faith -based communities or other people who are willing to Help. And this is our general fund budget, which was approved by the council, last year's budget this fiscal ... I mean this last fiscal year, on some programs that we fund for community projects, and we recently sponsored a football clinic. We had Shattered Dreams at Kapa`a High School. We helped all the project graduations throughout the island, public high schools. We have like a weed - and -seed little community in Hanama'ulu and Kekaha where we've offered them grants to help improve their community. We've had various town hall meetings throughout the island regarding prevention, education, and treatment. And this year we were able to sponsor the Kalawai Youth Baseball- Goodwill Tournament and a Jiu -Jitsu Tournament as well. Our grant funding, we manage over $1.5 million in our office in total. We have a grant from Hawaii Community Foundation that we were going to do a summit this year, $12,000. We also have a little grant from them for community COUNCIL MEETING - 4 - June 1, 2011 revitalization and Rebecca and I are going to do probably towards the end of this summer just before school, what we wrote this grant for was revitalizing the community of our low- income housing population at Kawailehua and Pa`anau Village and teach the parents parenting skills, and also have the teen project to help the teenagers with coping skills. We partnered the state housing agency and our own county agency for them to write letters of support for us. We didn't get as much money as we wanted, but we'll be volunteering our services and buying the curriculum and helping the families with tutoring and a dinner every night that they have the meetings for like 10 weeks. And the biggest part of our money is from our Strategic Prevention Framework State Incentive Grant. The first phase, year one and two, we have $313,950 for setting up the foundation in our office and this is where our program specialist and data specialist is funded from and the next phase, which is Phase II, we got $1.2 million and that was for continuation of our services in our office as well as evidenced -based programs that we had accepted responses through proposals for underage drinking programs. Our target area is ages 12 through 17, but we also included family programs as well, but they had to be evidenced - based. And here is a collage of pictures of what we did this year, just a few things. The first one is Shattered Dreams at Kapa`a High School. We have that a week or so before graduation. You can see Officer Jay Scribner giving the DUI test to the student. The next one is the retreat where I think Brenda and I had more fun than the kids, but they were really good. And then the last one is the drunk driver with his attorney in the courthouse. For some of these kids it really gets real for them. So after he was sentenced to 20 years in prison for the death of two teenagers, he broke down and it really impacted him. We also get them counseling services after this impact because some of them really get emotional about it. And then like I said we sponsored project graduation for our youth. The middle slide is the Chad Owens Football Clinic. I'm not sure if any of you met our drug dog, but that's Simon over there and he's our drug dog that's with Officer Cayabyab at the Kauai Police Department. We like to invite him wherever we go if he's available of course. And then the last slide on the bottom... the first slide on the bottom row is we were able to give Hina Mauka Teen Care three vans this year as one of our grants that was going to expire that we had for our vans for our treatment center. And Senator Inouye allowed us to transfer the grant to another agency that provides adolescent treatment. Unfortunately ... it's a bittersweet thing. You know Hina Mauka used to spend over $20,000.00 in transportation per year for bringing their youth on inter - island excursions for their therapeutic modality access to recovery and also local indigenous programs. And then the middle slide is the mayor and me at a town hall meeting. And then the last picture is of us at the KCCC with the public safety group and the mayor. And we visited the inmates in the lifetime stand program. That was eye opening for us. It was our first visit to the prison for the mayor and myself. And so Ronnie Lemn from our community integration committee, she's the chair, she took us onsite and we had an opportunity to speak to them individually and listen to them. And that's the end of my presentation. Because we all do different things in the office, I want to transfer it to Rebecca and if we can have questions after we're all done, then that would be great. REBECCA SMITH, Program Specialist: Good morning, JoAnn Yukimura, Vice Chair, and Councilmembers. I'm Rebecca Smith and I want to tell you a little bit about our program and what we're doing with the SPF SIG. Our project, I want to talk a little bit about that first. So our project goals was to establish a comprehensive coordinated and sustainable substance abuse prevention infrastructure that implements data - driven, evidenced -based prevention programs, policy and practices in Hawai`i's community. COUNCIL MEETING - 5 - June 1, 2011 So we want to talk a little bit about our flower. And the first petal of our flower is assessment. And so what we did is we identified prevention goals and our goals were to reduce and prevent underage drinking for our youth from 12 years old to 17 years old. Next was capacity building or capacity. So at a county -level we conducted 36 meetings and our trainings, we had 25 trainings that were hosted by our program and we have a couple more that are coming up, one that's going to be tomorrow which is the CADCA, which is the community anti -drug coalition. It's going to be helping our communities sustain their coalitions. And then we're going to have another one that's demystifying evidence which are small weed - and -seed programs that could make their programs evidenced -based and it's going to help them with that. And I have the information if anybody would like to see our flyers afterwards. Planning, our state's underage drinking prevention plan was completed and approved by SAMHSA and so we have that book. We brought a bunch of copies for everybody. So you can receive one from us and take it. So that was completed and approved by SAMHSA. So implementation, our next petal, our county had identified our prevention programs for implementing our programs, so those are the nine service providers that I'll be talking about next. And our county has also agreed to launch the same environmental strategy, which is CMCA, which Brenda Jose will be talking about in her presentation. So as an overall goal, our goal is to reduce and prevent underage drinking for our youth and so to address those, alcohol and risky behaviors, these are our service providers. So we have nine. They're working in our schools, after school and before school in different programs like Boys and Girls Club. They will do the services at their sites. So we have all- stars, life skills that's being implemented at KEO, positive action, so those are some of the evidenced -based programs that we're providing. And so out of all the states, our grant was actually one of the smallest and we've done a lot with our programs. Every single one of our programs have actually started. Kauai, we're doing really well, so if you look at the chart there we're doing really well over all the states, even with a little bit of money. So the next petal is our evaluations. So we've developed an evaluation plan and we've shared these findings with our project stakeholders. So we developed that evaluation piece. And then some of our challenges was actually statewide. Our challenges were just getting the programs all started. So once we identified what was evidenced -based in our community, we started the projects and then one of the other challenges was just our staff. You know we had a lot of turnover with our staff, which posed a challenge with our program. So we're moving right ahead. We applied for the no -cost extension, which will allow our program to sustain for another year. We are trying to keep that communication going with all of our islands, so we're doing a lot of conference calls and we're actually going to be hosting a conference in June for all of our programs to meet together. And so I would like to introduce Lechelle because she is going to be talking about our data bank and we just had a presentation yesterday unveiling our data bank. So we'll introduce Lechelle. She'll be coming up. COUNCIL MEETING - 6 - June 1, 2011 LECHELLE ACIA, Data Specialist: Good morning, JoAnn Yukimura and Councilmembers. For the record my name is Lechelle Acia and I'm the SPF SIG data specialist. Vice Chair Yukimura: Thank you, Lechelle. Can you speak a little bit closer to the mike? Ms. Acia: Yes, sorry. Okay, so here we have the SPF SIG data bank and it's a repository for gathering and managing survey and enforcement data in regards to underage drinking. It evaluates the public perception on underage drinking through the collection of surveys and it also includes statistics from the following agencies. Here you can see we have the Kauai Police Department, the Department of Liquor Control, Prosecuting Attorney, Department of Education, the Kauai Drug Court, Judiciary's Driver Improvement Education Program, the Department of Education and Hospital Emergency Rooms. Now within the data bank there are four main sections. We have the data entry forms, collect the data, survey responses, and data charts. Here we have an example of data entry form. Now each participating agency can enter their data using their personalized data entry form and as you can see it's also user friendly. There is a dropdown menu and each is specified for each agency. Those that enter data can view information from other agencies, but they can only edit their own agency's information. And that's to ensure accuracy. This is a data view page. So it shows the demographics: incident date and time, report numbers and other comments, but it does not give any personal J There are different types of data view pages. As you can see this is one for the police department so it includes park sweeps, school incidents and other stings, which include those of retail stores and other types of establishments. We also have charts on the data bank. And the charts are populated from the current information in the data bank. Information can be extracted by either location, age of the offender, date and area on the island. So as you can see, in the yellow we have 26% of 17- year -olds in the year 2011 who had a traffic incident. I just want to go back to the following slide. I want to also bring to your attention that in this example shown here we have an incident in which there were two females, one by the age of 12 and one by the age of 15, both detained for alcohol consumption and both females reported to the police officers that they obtained the alcohol from a 38- year -old male subject. There's another incident, in which ... in a school incident that there was a 16- year -old male detained and he was arrested for theft and truancy from obtaining a Vodka bottle from Big Save Waimea prior to the start of school. So that's a few statistics as examples. So future opportunities, the data bank is the first of its kind in the state. It's very instrumental in sustaining SPF SIG efforts. It assists in future grant opportunities, creates a stronger bond between agencies. It also identifies trends in underage drinking and reveals areas in need of further prevention, enforcement and treatment efforts. This information collected supports the balance needed with individual and environmental prevention strategies. And here we have Brenda Jose, the CMCA coordinator, and I'm going to leave it to her to explain more about these strategies. BRENDA JOSE, CMCA Outreach Coordinator: Aloha, good morning. Let's just take a minute to get this set up and then we can begin. COUNCIL MEETING - 7 - June 1, 2011 Vice Chair Yukimura: the record? In the meantime, can you just state your name for Ms. Jose: I sure will, absolutely. Aloha and good morning, Councilmembers. My name is Brenda Jose for the record. We'd like to thank you very much for allowing us to be here this morning to present what we do in our anti- drug program which we feel is very important to the safety and well -being of our community actually in a nutshell. My title is really long. We shortcut it and we call it CMCA Outreach Coordinator. It really translates to communities mobilizing for change on alcohol and our initiatives or the names of our initiatives start with this and- it's Challenge to Change. And with any challenge if you see within the word challenge is the word change. And so basically with any challenge, there's so many opportunities for positive change and positive impact within our communities. To frame up what we've been doing, I wanted to share this `Olelo No`eau also and it's `O ke kahua maumua, ma hope ke kulukulu or ke kukulu, depending on how you want to say it, and really it's first the foundation and then the building. So what you've heard in the past three presentations are really the framework or the build the foundation that we're trying to build and then this is ongoing, yeah, much like you maintain a home or an establishment. It's an ongoing thing and a community minded effort. So let me just run through for the sake of time, in order to understand what we do with underage drinking, it's important to understand why we do it, yeah. So traditionally we know of individual prevention strategies and individual basically sums it up to focusing on the youth, the problem and the youth. Programs through Hina Mauka that you've heard and other programs focus on the child. But what we forget a lot of times in this traditional form of prevention is the environment and that's what CMCA does and that's what my goal is. It's to work really with the environment and when we talk about environmental strategies, we talk about social and community norms, so what's accepted, yeah, what we've known based on what we've accepted. So baby, go get the beer from the cooler, yeah, has kind of been a social norm that we've accepted and so moving forward on that accessibility and availability, you've heard through our previous reports that our youth are getting alcohol. Media messages, another one, that they've just every day from the morning when our youth wake up till the end of the day they see messages of alcohol and promoting of alcohol. Policies is a very important issue for environmental strategies as well. Are our policies working, do they need changes, and making sure that it's a make sense strategy for policies. Some of the strategies that we've been implementing or have been doing really is one -on -ones, going out into the community and identifying what each community is saying, what their needs are. And the wheel really gives us a 14- component snapshot of what our community looks like. An environmental strategy that works in Hanalei might not be the same strategy that you would want to implement in Kekaha. So it's important to get 360, good feedback from everyone. Group presentations, we do a lot. I know you see a lot of what we do in the community and we'll just bust through that in a minute. But not only for youth but for our entire community, kupuna as well. It's really important to get the knowledge out there. A lot of what we do for our initiatives is youth -led, makes sense because our youth know what their challenges are. They're not successful if they're not adult supported. So one of these examples is the pledge and these pledges were created by Kyara Bunao, our student intern. One of them for our adults that she did was just common sense. Things like, I pledge not to drink and drive. I pledge not to give anyone under the age of 21 alcohol. Basic action items COUNCIL MEETING - 8 - June 1, 2011 that our entire community can be part of. Another idea that came up from Waimea High School, this is towards the end of their school year. They were really proud about this because they were kind of crunching at the end, but Ms. Muraoka's class, they decided that you know what, let's get our students together and let's start putting this campaign out. Time is always wasted when you're wasted all the time. And so our youth, there are more youth this is a statistic —who don't drink than youth who do. So trying to get the media out there of kind of more of a positive influence is also a strategy. And like I said, it's not one size fits all. That might not work. There are some initiatives that are fear based and you know, it just depends on what the community is ready for. Product and marketing awareness is something that some of you have been familiar with and participated with in our presentations. Just letting our public know what's out there, what's on our shelves, and having our public decide if this is a policy that we want to change, so for example I know many of you have seen that one on the bottom left which is alcohol infused whipped cream. Do we really need this? Do we want this as a community on Kauai? Things that we can assist with getting that message out there and seeing if there are organizations who want to get together and start making policies or start at least discussion on action items. This is in progress as we speak. This photo was taken yesterday at Kujo's Store in Kalaheo. It's a store makeover, but technically it's more of a store facelift and what our youth... and this was an idea that came out of some students of Chiefess Kamakahelei Middle School who are actually going to be freshmen at Kauai High School now. But they decided, you know auntie, when we get on the road, that's all we see is media messages on alcohol. Let's partner and so we did. We partnering with the owners of Kujo's to take down the alcohol signs to help them with more family friendly signage and it's just a good all the way around community effort. And so, yeah, you see the kids right here. Another one that you may or may not be familiar with is the sticker shock. And so sticker shock really is bringing to light the laws that surround underage drinking and trying to make our community knowledgeable about that. What our youth have decided is in addition to placing the sticker shocks and this hasn't happened yet, but they're targeting the end of summer and through the end of the year, targeting, putting them on the actual 6- and 12- packs. But in addition to that, they want to initiate an idea where they put them on coolers so that our adults know that designate one cooler only for alcohol so you're not in there trying to get a soda or a water or a Capri Sun and there's alcohol in the same cooler. So that's another idea that our youth have initiated. And so again, mahalo for your time. We really appreciate it. It's something that we take for granted that we do and we assume that everyone knows, but it's good for us to share what we do day -to -day. I'd like to call Theresa Koki back up here and see if we can help field any questions that you may have at this time. Thank you. Vice Chair Yukimura: Thank you very much. When councilmembers rejoin us at the table, we'll start with some questions for Ms. Koki or anyone of her team. Councilmembers? Councilmember Bynum? Mr. Bynum: Good morning, Theresa. Ms. Koki: Good morning. Mr. Bynum: I just have a ... I'm tempted for us to talk all day, but I'm just going to ... I guess I'm not real optimistic so I'm going to ask this one question. Treatment resources in the last five years have increased or decreased? COUNCIL MEETING - 9 - June 1, 2011 Ms. Koki: Well, I have to say that through the efforts of all of you and the foundation work that Mayor Baptiste did and everything and the first plan that Councilmember Nakamura helped craft with the help of, of course, Councilmember Mel and JoAnn and a lot of other individuals, we really got a lot of treatment options and unfortunately with the decline of the economy like any other business, a lot of people had to close their doors. Mr. Bynum: So the answer is decreased? Ms. Koki: Decreased, yeah. Mr. Bynum: So, a lot of our initiatives, unfortunately, and they're good, they focus on prevention, but the core services are being decimated in our state. That's a reality, correct? Ms. Koki: Correct. Mr. Bynum: Okay, so it's a little frustrating as a lifelong mental health service provider pressing for treatment on demand, when somebody is ready for help, you don't put them on a waiting list. But we can't even put them on a waiting list because there's nowhere for them to go. And so it's a very depressing state in terms of the core services. Ms. Koki: Yes. Mr. Bynum: Now what we have been able to influence and I applaud and appreciate the community's involvement about some of the initiatives Brenda was just talking about, about messaging. And for a couple of years I've been wanting to focus on something that I haven't. So it's just a pet peeve and I want to know if you're doing anything about it or can we work together towards it, is we have a sign ordinance on Kauai which is routinely violated. Ms. Koki: Yes. Mr. Bynum: And the violations that discourage me the most is the practice of the beverage people to tell businesses, even community groups we'll make this banner for you if you put a giant, you know Corona logo or Bud Light logo. So we have things that just are frustrating to me. Waimea Town Celebration banners sponsored by alcohol companies. And so on one hand our government is saying this is the message that we need to put out. On the other hand, we're allowing it to continue when it's against the law. And so enforcing the sign ordinance is a controversial thing because businesses say they need the signage. But the practice of... and in the State of Hawaii one of the things we're famous for around the country is not allowing billboard advertising, but we allow billboard advertising all over, so. I just wanted to ... I applaud and appreciate all of the community efforts. I've been to many, many meetings over the last 10 years. I really want to acknowledge Bryan Baptiste, who ... it's not usually the county's role in our subdivision to focus on these social issues, but because of neglect and because of a need, we have as a community and we've accomplished many things. But in some ways we're kind of chipping away at the edges. When the core services are being cut and the core needs are not getting addressed, the County of Kauai can't fulfill all of those purposes. I didn't mean to be depressing, but I would like us to move on the sign ordinance together. Ms. Koki: Okay, so... COUNCIL MEETING -10- June 1, 2011 Mr. Bynum: focus of any of your groups. Is there anything happening on that? Is that a Ms. Koki: I don't want to mis ... but Brenda and I just gotta say on April Fool's Day we had that Don't Be A Fool, Drinking Isn't Cool. And unfortunately not everyone could come, but out of that I think wonderful things began and one of it is Councilmember Mel stepped up and is in discussions, correct, with Brenda regarding our sign ordinance. One of the best things that I know we convinced Mayor Baptiste to do is to not sign a permit for any banner that had alcohol. Unfortunately, they show you the picture and after he signs the permission, they would go and put the alcohol on and it frustrated me to be sitting down watching my kids kick a ball in the soccer park to see that alcohol banner right there. Because like Brenda said, they wake up every morning and... Brenda's going to come here and talk about that environmental strategy because you're saying fits in and you know, I gotta say it is frustrating with services being cut and initiatives not being followed through because of the lack of funding, but I gotta say my staff, we work really hard on weekends and holidays and we do a lot that we do and we cannot do it without you guys too. So I'm thankful that you're bringing that up and Brenda will explain about that right now. Ms. Jose: So absolutely sign ordinance, definitely something that we need to work on. And you're right, the county cannot do it all by themselves. We cannot do it all by ourselves. The promising wonderful not dismal idea is that when I go out into the community, people want to do it, okay. So there is initiative. Our students are the ones that you know, Kujo's is a classic example. We talked to the owners. Is this really going to make a dent in your income by posting up and she said, you know what, let's work together, let's do this. So once we set that template up, we celebrate our little challenges. And if it's one at a time, that's what we're going to do. So we set that template up with Kujo's and we say, okay, others who want to do it at this amount, yeah, so we'll have a baseline on how much it'll cost and so let's see how we can replicate this idea so that the environment... and that's what it is. It's about our local businesses, about each other really standing firm to that idea of okay, let's really make some sense and let's try and change that social norm. So again I don't know if that helps you, but to let you know that there are organizations out in the community who definitely want to do that. It's just maybe showing that. And a lot of people don't have the time to do press releases, to go do all that stuff, so we can do the template, do a binder where people can replicate it if they want to, and so that's promising. So we celebrate the little things and that's one of them. Mr. Bynum: Again, I don't want to be discouraging and I don't want to... and I'm not being critical because everything you're doing is great, but I'm going to own it. We need to dialogue about the sign ordinance in particular. I have county attorney opinions that outline where it's being violated and what we can do. But we have done, as a county, only very selective enforcement for a number of years. There hasn't been a commitment to say, you know what, let's get our house in order with this issue and that's someplace we can and we do have a responsibility. Where it's difficult for the county to put direct money into services because it's really the state's responsibility, even though we do, in terms of these things that you're talking about, which is great, we do have that responsibility. Ms. Jose: Sure. COUNCIL MEETING -11- June 1, 2011 Mr. Bynum: And we've kind of been and I'll own it too, we've been asleep at the wheel with that and so let's make sure that councilmembers, if they're working separately, talk to each other. Ms. Jose: One thing I do want to also with... excuse me for interrupting, but one thing that is also important is when we start going to the table and talking about policies that we also do in a holistic manner where, okay, this is a policy, and this is something you already know, but who's going to enforce it? And how consistent are we at enforcing it? And if enforcement costs something, then we need to bring that to the table too because that happens a lot. We slip, yeah, that enforcement part. We're going to do a policy, signs, blah, blah, blah, and well, is it parks and rec people that are going to be enforcing it? Who's going to really take that extra effort when we're not here doing that? Mr. Bynum: And without belaboring this, I'll close with this. You know recently people in Kapa`a were upset that the banners that people put up congratulating their kids were taken down. And so in fairness to those county workers, the policy right now is only enforce when there's a complaint, right? And when there's a complaint, then they feel like they've got to do their jobs. Why we don't get complaints about big, giant, beer logo banners, but we do get complaints about something that's really more healthy and maybe we need to look at having a waiver for that kind of community good stuff, right? So this is something I'd really like to work with you and the administration to actually do the enforcement because that is an area that we do have responsibility clearly. Vice Chair Yukimura: Thank you. Councilmember Rapozo. Mr. Rapozo: Thank you and I just want to touch on that real quick because years ago the council did put in a position for a sign ordinance inspector. That position was never filled by the administration and at the end of the day it was reallocated to some other position for something else. So the council tried. Obviously this council cannot go out and enforce. And that's a sore subject for me. Brenda, I know we had the discussion at that summit or whatever that was, but we, the county, have to walk the walk. And I've made complaints about signs with beer and all that, and the signs don't come down. So I mean it's...you talk about selective and it's frustrating, but we, as a county, and Mr. Bynum talked about the Waimea Day parade or Waimea Town Celebration. The reason I don't sit on your coalition anymore is because of that. Because I asked the members of the coalition to voluntarily not do that, but the response is the money. So if we are going to walk the walk, let's walk the walk if we're going to talk the talk because it's so easy to go out there and I know you guys are working your butts off. And I appreciate what you guys are doing, Theresa, and I know you guys are doing it sincerely. But it's the leaders, it's us, it's the county that we cannot give any kind of money to an organization that's going to put a Coors Light logo on their banner. We shouldn't be paying any money to anybody that's going to promote alcohol if we want to win. And that's why I don't participate anymore and I feel bad about it, but I'm not a hypocrite. I don't want to be a hypocrite. If we're going to fight this fight, let's just fight it and let's be real about it. The question I have, Theresa, is your presentation focuses a lot on underage drinking. What are we doing in response to the problems of meth and oxy and marijuana and cocaine and all of that? I mean are we ... I notice you have $31,000.00 from the county. Ms. Koki: Yes, so... Mr. Rapozo: I mean what can you do with $31,000.00? COUNCIL MEETING -12- June 1, 2011 Ms. Koki: So... Mr. Rapozo: And this is a safe haven. You don't have to worry. Speak what you want to speak because that's an embarrassment, if you ask me, $31,000. We want to fight this war? $31,000 no even pay the postage for your flyers. Ms. Koki: So let me just say that it is something that every day I think about that I feel it's difficult for me to do and I have to say that my prevention people are awesome. When we first wrote that grant, we didn't identify the need until we got in all the assessment surveys and then we all voted as a state to do underage drinking, which is importantly so, but other than that regarding the meth, even prescription drugs, I even go to the senior citizens to speak at their center about prescription medication because they don't know what's happening with them, so. I have to let them know what happens to their pills, yeah. But we try to do it with ... I do not have a budget for that, you're correct, for any other age group or any other drug, actually to speak of. And most of the funding that I do get is granted out too again underage, youth actually, to support other endeavors that are not evidence - based. So it is difficult. However, I do partner with Cindy Adams and the Hawaii Meth Project. We do partner with the police and have the prescription drug. We just had a recent one at Waimea Town Celebration. The West Kauai Business Association wanted to have a prescription drug awareness thing. I try my best with the funding that I have. Mr. Rapozo: Yeah, I know that. Believe me, this message is not for you personally. It's going to your bosses because I was not here during the ... I was, unfortunately, I was off - island when your office came to this council for the budget discussion. So I was not able to ask the questions, although we've had many discussions with many of your staff people throughout the month. But it disappoints me when I see such a small amount of funding and granted you get the big grant for the alcohol, the underage drinking and that's good. I'm not saying, no, that's not good because it's a big problem. It's huge. But I'm telling you what's coming is this Oxycontin problem, it's the meth problem and it doesn't take much to go down to Kalapaki Beach and walk down that seawall and see the effects of that. And there is absolutely, as far as I'm concerned, no intervention on the county's part. None. There is absolutely nothing. The police can only do so much. But I'd like to see a campaign on Oxy because a lot of these kids are being fooled to believe that it's nothing. The Meth Project is a fabulous project. I mean the commercials, the ads, I mean it's actually making a difference. But the bigger problem today is this Oxy and I really would like to see and if it is money, Theresa, for whatever reason it wasn't highlighted in the budget. It wasn't requested and I know you don't do that, but I'm hoping the message gets out. I hope the community speaks up because we're losing this war big time, big time. Just go ask anybody on the beach. You know it, Theresa. You and I both know personally. So I guess what I'm saying is I want to pledge my support. Whatever we can do here, whether it's money, whether it's programs, we have to expand the scope outside of just underage drinking and we have to encapsulate all of these issues that face our kids today. And I'm pleading because we can't just say, here, here's some money. It has to come from, hey, there's some programs out there that will work and I'm begging that, you know, let's try to get something to work on the bigger issue here involving all the drugs. But as far as what you guys are doing, Theresa, it's like you guys are ... I'm trying to think of the old saying, but I can't ... it's passing me. But it's basically you know trying to paint a house with a toothpick, you know. You're not given the right tools. And we have to give you the tools so you can succeed because it is a huge, huge, huge problem right now. But to you and your staff for what you've done and I think most of the councilmembers know, I don't think the public knows, you guys COUNCIL MEETING -13- June 1, 2011 work a lot of hours for free, a lot of hours for free and that's to all of you. And from all of us, I don't know if that violates any kind of federal law or whatever, but you do it because you love this community and we appreciate what you guys are doing. Thank you. Vice Chair Yukimura: Thank you. I want to go next to Councilmember Kuali`i. I just want to say one thing about the sign ordinance issue is if you start to control content you do run into some constitutional problems. If you work with voluntarily reshaping your signs, as you are doing with Kujo's, that's a whole other thing. Councilmember Kuali`i and then Councilmember Nakamura. Mr. Kuah'i: Aloha and mahalo. Thank you so much for being here today and thank you to each of you and all of you for the important work that you do for our community. Some of the other councilmembers said a lot of what I wanted to say, but what's resonating with me the most is this, what you're talking about, Brenda, regarding challenge to change initiative. And working with our communities and overcoming the community and social norms, I think that makes it really real, as far as what's happening with our families. And I think in doing the outreach and teaching our youth, it'll take probably our youth as they get older and they get more ma`a to what the programs are all about as far as moving away from alcohol. They are the ones who are probably going to teach the parents about you know. And I think the stickers on the cooler, totally cool. I mean I'll take some and put it on the coolers in my family. I know that ... the reason why this is so important too is because it's affecting all of our families. For my family personally, I've had two brothers that dealt with crystal meth addiction over the years. I mean like we had like more than ten years worth of history and for at least one of my brothers I remember that both times that he relapsed it was alcohol. So I mean they learned that they have to stay away from it all, you know, to stay clean and sober and one night in the bar with some friends and you get drunk and the next thing you know you're back doing crystal meth. And it's devastating what happens to our entire family when one member is on crystal meth. So I think the education is so important and I'm curious to hear more about what you might be able to do with our young people as far as outreach and prevention and things like that. Vice Chair Yukimura: Thank you. Ms. Koki: That was a question. Vice Chair Yukimura: Was that a question? Ms. Jose: I'm sorry. Was that a question to hear more now or for a future opportunity? Mr. Kuali`i: Oh, it can be in the future. The other thing is Don't Be A Fool, Drinking Isn't Cool and that other one about Time Is Always Wasted When You're Wasted All The Time. Ms. Jose: There's a statewide campaign that I can share with you which was actually initiated by my counterpart on Oahu and you'll be seeing a lot more, obviously because they have a bigger budget, but theirs is Be A Jerk and that's a Be A Jerk campaign and basically it's telling our community or inviting our community to be that jerk that doesn't give kids alcohol. It's okay to be a jerk. It's okay to say no and be the bad guy, and so that's their campaign. You'll be seeing some commercials and more press releases coming out. And we partner with them as well, so. It's a statewide initiative. COUNCIL MEETING -14- June 1, 2011 Mr. Kuali`i: In my family I'm usually the jerk, you know. They call me bossy and then they call me about this kind of stuff. Oh, why you want to ruin our fun? That kind of stuff, right? Just thank you so much. The only other thing I would tell you is that I support you fully and if you need support finding more funding, I want to help you however I can because I think that's really, really important. $31,000, we're not doing our share. When we had the marathon before us, I talked about how we're giving over $200,000 and on their website their premier sponsor they're highlighting a wine company. So I think any event that the county is such a big sponsor of shouldn't have their premier sponsor be an alcohol company and hopefully when they actually run the event again we're not going to see all these banners with that premier wine company. Maybe you can do something about getting that down from the website? Keep up the good work and thank you so much. Ms. Jose: Thank you. Vice Chair Yukimura: I want to thank Councilmember Nakamura for actually asking for this briefing and now she's got the floor. Ms. Nakamura: Thank you, Brenda and Theresa, for being here. I'm really glad that you mentioned Mayor Bryan Baptiste because it was through his vision and leadership that all of this got started within the county it seems. And I also want to recognize that your office has secured over $1.5 million in outside funding that is making the underage drinking programs possible. So good work for securing those grants. I am glad to see that your program is being data driven using best practices and I would look forward to taking a closer look at the drug response plan and to look at where those gaps are. So given what the problems are since 2004, have things gotten better or worse, in what areas, what are the gaps in the programs that you see that we need to address? Yes, this $1.5 million covers certain age group and a certain user group. What is not being addressed and I'm glad that Councilmember Rapozo brought up one suggestion, a media campaign regarding Oxycontin use. Councilmember Bynum brought up another approach to illegal signage enforcement needs that needs to be followed up on. So these are, to me, gaps, program gaps that really the county can try to do something about if we focus and make it a priority. I think that's what I was hoping this discussion would lead us to and I did have a couple of questions based on your report. One is the $31,000 in general fund special projects, was that for last fiscal year approved and do you know what the amount is for this upcoming fiscal year. Ms. Koki: It's the same thing for this fiscal year. Ms. Nakamura: And it looks like there's a wide variety of programs that you grant the funds to. And I'm curious about the kinds of requests that come through the door. Are there a lot more of projects that would meet the criteria? Ms. Koki: There is a lot more requests that we get and some of those requests come through the mayor's office, yeah, because they ask him first. And there's also a request like that we get for other festivals that we look at if the office of economic development is already giving them money that we ... we started looking at the bigger picture, yeah, if somebody already is sponsoring them from the county, my budget actually is for people who cannot get general fund money. It's just a little bit that I give. The other thing too is if an event asked and they could not say that they were alcohol free, their whole event was not alcohol -free, so therefore, we cannot or I feel we cannot, we should not be sponsoring them. But there are a lot of requests. This year I got a very different request that we're COUNCIL MEETING -15- June 1, 2011 looking into funding and it was for the Friends of Drug Court because of their funding being cut too and I'd like to see us provide money for other avenues besides prevention, like Mel said, so the grant committee is reviewing that application right now and I think we're going to partner with them in giving them some money. And it's not for judiciary, it's for the Friends of Drug Court and all the activities that they do that's extra, outside of the scope of what they do for the clients in drug court, which is youth and adults, yeah. Ms. Nakamura: That seems like a very successful program... Ms. Koki: Yes. Ms. Nakamura: ... and one that we would want to try to promote. So those are the kinds of programs that I would like to further this dialogue with your office. And I also wanted to ask you about the strategic prevention framework state incentive grant for underage drinking, Phases I and II. What happens after year one and two? Ms. Koki: Okay, so the first phase was to ... you see the flower that we mentioned? There's all steps. So the first couple years ... it's actually a five -year grant that's going on six years now. The first two years, we had to gather data and assess our situation and let me tell you that's how I dreamt about the data bank that we now have because it was such a hard thing to do is gathering data from all of our county agencies and other agencies, yeah, like judiciary. So we had to do that the first two years, so that was not funded. That was just Roy gave it to me prior to his retirement and says, here's an opportunity for the State of Hawaii. So we assessed all that. Then the next petal, which is the assessment and then we had capacity building, which was educating our staff and also our community partners are coalitions and after our employees like ... one example is for capacity building and even sustainability and planning, we offered a grant writing training and we had like three police officers, seven fire fighters, somebody from the prosecuting attorney's office, county attorney's office, even looking at venues now to sustain our county with grants and I think that's a really big capacity. Then we offered it to the outside people, our community partners and then people on the outside. So that's the first. Then we do the next. With planning we gave programs money. After this we already wrote a letter of support for a SPI grant which is keeping the infrastructure for the strategic plan. It'll be statewide again. The state usually from the Alcohol and Drug Abuse Division, yeah, writes to SAMHSA. We have to write letters of support and then we submit our proposal on how we're going to do it. We're also looking at other grants. Ann Wooten, our grants manager, is helping me with this one because she practically ran the coalition on the Westside. And so she's looking into this other grant for sustainability. So again, all in prevention, though, just focusing on that. So that's the opportunities. And hopefully, there was a lot of grant funding that just came out of the office of juvenile justice and delinquency prevention, which also helps education for adults and some programs for families to be strengthened that I pass on to our providers, treatment and prevention. So some of the grants, we are mandated to be a pass through agency like this one here. And then in the future, we just came back from an underage drinking conference and the office of alcohol and drug abuse division is looking at once they get the grant, then the county agencies will be the responsible parties to pass it through another agency because they don't necessarily have the staff in their office to manage every little dollar. So if they pass it on to us, we can also get staff to help manage it and it will be county specific, yeah, because not all of our needs throughout the state are the same or our situations, so. COUNCIL MEETING -16- June 1, 2011 Ms. Nakamura: Okay, so you'll just continue to get more grants to try to sustain these programs over time. Ms. Koki: Yes. Ms. Nakamura: Okay. Ms. Jose: Very quickly, if I can comment. A lot of the environmental strategies has a sustainability component in it, yeah, so as we go out to different organizations and help with their initiatives, we try and make them ... or give them that process of becoming sustainable on their own too, so that helps the process a little bit. Ms. Nakamura: I'd just like to request to pass along some of the data that you've gathered. It's hard to see from this PowerPoint slide here and that we can further this dialogue about what some of the gaps that you're seeing that's not being addressed that would be important to look at. Ms. Koki: Okay, I wasn't sure if we had time or not, but we had Mandi. from IT here to see if you guys wanted to go onto the website to look at the data now or I'll just prepare something for you later if it's best. I know you have a lot of other people here today. But it's something that I'm really excited about and I want to thank ... the reason why we left Celeste Inanod, yesterday was her last day. She's got a permanent job with judiciary and she was very instrumental in meeting with every agency to design this tool with the help of Mandl, our IT, and now Brandon Raines, the IT supervisor, has pledged his support, so it'll be something that's sustainable by the IT staff. And Lechelle will update, keep putting in survey data, and it'll help us with enforcement prevention and even treatment because we can identify in all the youth that's arrested who gets sent to detention homes instead of treatment services, so. Vice Chair Yukimura: Thank you. I want to see if everybody else has a chance to ask questions. Councilmember Chang, did you have any questions? Mr. Chang: I'll wait until we call the meeting back to order. Vice Chair Yukimura: Oh, for your comments? Mr. Chang: Yes. Vice Chair Yukimura: Okay. Councilmember Rapozo, Councilmember Kuali`i, and then I have some questions. Mr. Rapozo: Okay, thank you. I have a question about the data bank. So right now all of the agencies on Kauai are actively using that data bank. They're inputting, the police and liquor, and are we all in sync with that data bank. Ms. Koki: Right now we have police, prosecutors and the liquor department putting in their statistics. Yesterday we kind of unveiled it to everybody who was using the bank. And Mandl was letting us know that if Ken put in statistics yesterday, the pie charts would populate and show the most recent data. So I was really excited about that because I'm not that tech savvy, but I wanted pie charts and charts, and I love that kind of stuff. And the only thing is, Mel, the Department of Education and the hospitals haven't signed on yet. But they have their passwords. They know... and we just have to continue that meeting and dialogue with them because we'd like to see all the alcohol poisoning incidents COUNCIL MEETING -17- June 1, 2011 coming in by ambulance that don't necessarily get reported to the police and really get that untapped information into our hub. But our agencies are using it and they're really good about putting in their information. Mr. Rapozo: Okay, and that is my concern, yeah, just making sure that at least the ones that we control, which is the county, we don't really have control over the state. Hopefully they'll buy in because then the data actually is valid and accurate. Ms. Koki: Yes. Mr. Rapozo: And then my last question is and again, I wasn't here during the budget for your office, but you know when Mayor Bryan Baptiste created the anti -drug office and it stayed under the office of the mayor and that's who the anti -drug coordinator reported to and I notice that I guess in the last few years it's been moved under boards and commissions. Ms. Koki: Yes. Mr. Rapozo: Do you know or are you the right person to ask on why in fact the anti -drug office would be under boards and commissions versus under the mayor or under the police department or someplace that's more fitting I think. And if you cannot answer, that's fine, Theresa. But I just think it's an awkward place for you to be because I think your data, your resources are really with the police department probably. It makes more sense. I think under the mayor is fine as well because the mayor obviously has that control, but I see no relationship to boards and commissions and that bothers me as well and I didn't have that opportunity to ask the question during the budget, so. It just makes, to me, no sense that you would be under the boards and commissions division or department when you're dealing with anti - drugs, underage drinking. I mean my gosh even under liquor would be a better place, so. But I guess that's something we can ask the administration. It really is beyond our control, but I think it's important that we know that ... my position is we need to give you the tools you need and I just don't see what the boards and commissions can offer you in this field. I know it wasn't your decision, so. Maybe I just won't ask for a response. Thanks. Vice Chair Yukimura: Councilmember KuWi. Mr. Kuali`i: So my quick question is these SPF SIG grants, are they coming from the state or from federal? Ms. Koki: They come to us from the state, but they come from the federal government through SAMHSA, passing through the state to us, yes. Mr. Kuali`i: The state is passing it through. So it's basically federal funds. The only other thing I would mention is that so during the budget hearings when we were questioning and hearing from the liquor commission or one of the thoughts that several councilmembers had was that the moneys that the liquor commission gathers /collects for liquor licenses and different fees and whatever, some of that money should go back to this very purpose, to the work that you are doing, to outreach and education and it may be currently that the law doesn't allow for it, but I think we should work with... all of us together work with our legislators to change the law so that some of those moneys can come directly from the liquor moneys collected, liquor taxes, liquor license fees and come back to programs like what you're doing, so let's work together on that. COUNCIL MEETING -18- Ms. Koki: Okay. June 1, 2011 Vice Chair Yukimura: Thank you. I'm going to say a few words and then I want to check how many people want to speak, and then we have a resolution for Mr. Almodova that we want to take. First of all thank you, Theresa and your team, for your extraordinary work and commitment. And especially for your vision and understanding of how important the database is for any work that we do in anti- drug efforts. So on your SPS FIG... Ms. Koki: Vice Chair Yukimura: stand for? Ms. Koki: Grant. SPF. Yeah, anyway, let's see. What does it actually Strategic Prevention Framework State Incentive Vice Chair Yukimura: Thank you. Regarding alcohol, underage drinking. The goal is to reduce underage drinking and I was just not clear what the key statistics are that we're looking at to evaluate whether we're achieving our goal. I know that you talked a lot about perception, the public's perception about underage drinking and that's important to know. But for me the most important thing to know is whether we're actually reducing underage drinking. So how are we going to determine that in our evaluation? Ms. Koki: That's an excellent question. So thank you for asking. In the flower, if you will, the last petal is evaluation. So with this grant the Hawaii Alcohol Drug Abuse Division have also hired a team of evaluators and epidemiologists. So the epidemiologists come from the University of Hawaii School of Medicine and they do the evaluation. The evaluation team also is a branch of that, it's the Center on Family, and they have evaluation tools built into the strategic prevention framework grant. So with that, when someone we give money to implements an evidence -based program, before the people start the program, they have an inventory of pre- assessment and after they depart the program, within 10 days, they have to hand in their post- assessment of the program that they received and their behaviors, choices. So they're putting all this data into their own information and then with that they'll evaluate which programs worked and which programs didn't and how we met all of our outcomes and it's a great team that we work with that is doing all of this for us. Vice Chair Yukimura: Okay, that sounds wonderful and it's limited to those that your programs are reaching, right? So it doesn't tell you the community picture about underage drinking. I mean it tells you that the moneys you spend on the kids or adults, whatever we're directing them to, you're doing a pre and a post. You're testing their attitudes and their actions before they go through the program and after the program to see if the programs are actually working in stopping these people from engaging in underage drinking, right? But how many people are involved in that from the larger... and what percentage are they of the larger community? That is, are we really dropping the amount of underage drinking in the community at large? I mean, you know, what is the measure... so what are the measures that you're using? Number of traffic accidents? Ms. Koki: Yes. Vice Chair Yukimura: Number of kids picked up for underage drinking and we would expect those statistics to start going down. COUNCIL MEETING _19- June 1, 2011 Ms. Koki: Yes. Vice Chair Yukimura: I know that one year is too short a time, but it's a five -year grant, so you're thinking that over five years you would see some drop in these statistics. Am I off -base somewhere here? Ms. Koki: Well, just a tad. The five -year grant, now remember I had two years without any funding, yeah, and that was the assessment phase. Vice Chair Yukimura: Right. Ms. Koki: So like we identified our challenges and that's why I wanted the data bank to be directly with our IT department because if we had contracted any other agency and the funding would have stopped, it would have been impossible. Vice Chair Yukimura: Okay. Ms. Koki: So I'm looking at, JoAnn, I'm thinking like... sorry, Vice Chair Yukimura, like any other good business I think it's going to be five years to catch on, the data that we are starting to input now. I didn't want to inconvenience the prosecutors or police or even liquor to go back. So they're starting from now, from 2010 they started inputting data. In our drug plan, which we are leaving behind for you today, all of our goals and objectives have measures and I know your question is how are we meeting these measures, but we have measures of success and also in our underage drinking plan, we have logic models to show how we're going to achieve our goals. Vice Chair Yukimura: What are those measures? Okay, I guess I'm too simplistic in my thinking. I'm wanting five key measures that we're looking at and say that we're in year one of three that are going to be funded and maybe we need to somehow find two more years to make it a full five years. But at the end of five years, how do we measure our efforts community -wide because I think that is our goal, right, for Kauai to reduce underage drinking on our island? And do we have five measures? Ms. Koki: I think we have more than that, but again it's in the evaluation plan that's built in and I'd love to spend more time with you on that. Vice Chair Yukimura: Well, if you can just submit maybe those measures as a re ... we will follow up and we'll ask the question, what are the key measures that you're using to measure our ... whether we are reaching our goal which is to reduce underage drinking on the island. Ms. Koki: I just want to add to that that we have programs we've funded, we've reserved out of that $1.2 million, I believe it was $950,000 that we get out, but if the children don't attend the program, I cannot control that outcome there, yeah. So it's not going to change everybody, but hopefully this will just be the beginning of identifying the gaps in services that we had. Vice Chair Yukimura: Right. Ms. Koki: Yeah. COUNCIL MEETING -20- June 1, 2011 Vice Chair Yukimura: And there are programs starting or have been proposed to actually put them in the school where every child would get the training. So, you know, those are the other ways that we can look at in cooperation or work in collaboration with the public schools if we want to have as wide an effect as possible. Councilmember Rapozo. Mr. Rapozo: Thank you. Theresa, don't we still do the surveys in school? Vice Chair Yukimura: Yes, the Department of Health, yes. Mr. Rapozo: The one that, I guess they do it every two years. We still do that, the state still does it right? Ms. Koki: Yes, yes. Mr. Rapozo: So that's one of the measurement tools that we can use, correct? Ms. Koki: Because it actually has a pretty good component on underage drinking as well as the other drugs. But I know when I went to the CADCA training that was ... not every state has that and that's a wonderful resource that we can track our work and it's done for us really at no cost. Ms. Koki: Yes. Mr. Rapozo: They didn't cut that funding, right? Ms. Koki: No and we're also checking into our... now that we have the epidemiologist on staff with this grant, we might as well make sure that they administer the underage drinking surveys in the schools as well, yeah. I think what you're referring to is the YRBS, the Youth Risk Behavior Survey. Vice Chair Yukimura: That's right. Ms. Koki: That really identifies all of the risky behavior. That's a good survey, yes. Mr. Rapozo: Right, yeah. Ms. Koki: So we're working hand -in -hand with all of these tools that we have to make sure that we make a dent in the change in social norms. Vice Chair Yukimura: Very good. So those statistics from the Youth Risk Behavior Survey that is done every two years or so in all of our high schools, that's going to be in our database as well? Ms. Koki: There's going to be only a link in there because I just cannot add on that published data to the link. Vice Chair Yukimura: A link is good. Ms. Koki: I'm also trying to, working with Mandi, now all of my staff is trained to update our website. We're going to be putting more links on there as well. We put the recreation programs that we have. We want to make sure we have the transportation link as well, so. COUNCIL MEETING -21- June 1, 2011 Vice Chair Yukimura: Ms. Koki: information. Excellent. It'll be like a one -stop place for people to get Vice Chair Yukimura: Very good, thank you. So my other question is about the adolescent drug treatment center, which was of concern during the budget. And I know that we talked ... there were a lot of questions on the council about the sustainability of a 24/7 treatment center and I just wanted an update on what your office is doing in terms of looking at the options. Ms. Koki: Okay, so our treatment committee that meets every month is interviewing people that are in the field, such as Bobby Benson, Marimed, and we've been getting feedback on staffing and how much it costs to run the place. I'm also in communcation with the Alcohol and Drug Abuse Division, Access to Recovery, and communicating all of our successes, like everytime we have something, we send it to them so we can keep them abreast of what... something as simple or maybe even complicated like the transportation plan that we have, you know, identified in our prevention and even treatment goals, people couldn't go to programs or treatment because of the bus schedule. And now we've ... thanks to you guys, you know, have a later bus run and people can now go to their treatment and their prevention programs. So that's an accomplishment. So all of our accomplishments I send directly to the State of Hawaii Alcohol and Drug Abuse Division so we can keep them apprised of our efforts and one of the speakers last week was going to be the lady from Access to Recovery, Bernie Strand from ADAD, but she had some conflict and we had a hard time to get in touch with her, but our treatment committee works diligently to ... like I said in our slide presentation, it's called the continuum of care for adolescents, yeah. Vice Chair Yukimura: That's wonderful that you're doing that, networking and investigation. So your treatment committee will have a report back of some sort after they do this research? Ms. Koki: Yes. Right now we have started to put together like a plan and information, and we're looking into options of services that we already have, taking an inventory of that, and it's working right from the drug plan, identifying the services needed for the treatment for adolescents. It's one of the priorities identified in the drug plan under treatment. Vice Chair Yukimura: Okay, so when do you expect back an update from the administration in terms of what the plans are? Ms. Koki: I'm not sure. I would have to defer to the treatment chair and also ... I guess I would have to go seek some kind of funding to put together a strategic plan for that as well or I could give you minutes from each of the committees' discussions and they're very lengthy and they're verbatim because we want to make sure we inform the mayor correctly and wisely. Vice Chair Yukimura: That's good. I mean it's good that you're keeping good minutes and there is actually money in the line item of the adolescent drug treatment center and some narrative that says you could use this money. I mean I don't expect you to use all of it, but some of the moneys for a strategic plan. So that would be available for that purpose. You might want to look into that. And who's the treatment committee chair? COUNCIL MEETING -22- June 1, 2011 Ms. Koki: Madeleine Hiraga - Nuccio. She's in charge of the Mokihana Project, the family guidance center. Vice Chair Yukimura: Ali, yes, okay. Ms. Koki: So we're lucky to have her with us, especially with her expertise on youth and treatment. Vice Chair Yukimura: Yes, yes. And it's really good that you're looking at this continuum of care and the really nitty gritty issues of like transportation and where the disconnects are so that you can form that sort of seamless safety net of services. That's really excellent. That's all the questions I have. Are there any more questions from the county council? If not, I want to thank you for a wonderful report and for your really good work and for this update that's helped us understand what's happening. Ms. Koki: Okay, thank you for having us. Vice Chair Yukimura: Thank you. And while the rules are suspended, we do have a family that's waiting for a resolution that's on the agenda as well, but I do want to see how many people would like to testify? All right, three of you. Are you able to wait for another half hour, the three of you who want to testify? So with the advice of the clerk, thank you, we're going to leave this matter and this communication right now and have the resolution come forward and then take testimony after we're done with the resolution, okay. And so it's not necessary, Theresa, for you to stay. Thank you everyone for your patience. Good morning, Uncle Louie. First I'd like to have the clerk read the resolution. There being no objection, Resolution No. 2011 -62 was takenk out of order Mr. Nakamura: Vice Chair, we're on page 4 of the council's agenda and we're on Resolution No. 2011 -62. RESOLUTION: Resolution No. 2011 -62, RESOLUTION NAMING THE MAIN PAVILION AT SALT POND BEACH PARK "THE UNCLE LOUIE ALMODOVA, JR. PAVILION" IN HONOR OF "UNCLE" LOUIE ALMODOVA JR. Vice Chair Yukimura: Can you please read the resolution? Mr. Nakamura: And this is Resolution No. 2011 -62, which is a resolution naming the main pavilion at Salt Pond Beach Park, "The Uncle Louie Almodova, Jr. Pavilion" in honor of "Uncle" Louie Almodova Jr.: WHEREAS, "Uncle" Louie Almodova (hereafter "Uncle Louie "), a longtime resident of Ele`ele, is a living, breathing example of the aloha spirit who has touched the lives of families and visitors to Salt Pond Beach Park; and WHEREAS, Uncle Louie spends countless hours at Salt Pond Beach Park sharing his love and knowledge of local culture and history with visitors at Salt Pond Beach Park every day; and COUNCIL MEETING -23- June 1, 2011 WHEREAS, a number of visitors that have met Uncle Louie have returned to Kauai year after year because of their friendship with Uncle Louie; and WHEREAS, Uncle Louie was named the "Mayor of Salt Pond" by former Mayor Tony Kunimura in recognition of his many contributions to Kaua`i's visitor industry as an unofficial spokesperson for Kauai and its people; and WHEREAS, as tribute to his lifetime dedication to spreading aloha to his community, the people of Kauai, and our visitors, it is appropriate that the main pavilion at Salt Pond Beach Park be named after Uncle Louie and a plaque of recognition be erected in a fitting location; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII, that the main pavilion at Salt Pond Beach Park be hereby named "The Uncle Louie Almodova, Jr. Pavilion" to recognize and honor Uncle Louie for his contributions to the community. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to Mayor Bernard P. Carvalho, Jr., with a request that the appropriate plaque and signs be erected at the park to proclaim his name. BE IT FINALLY RESOLVED, that a copy of this resolution be forwarded to "Uncle" Louie Almodova, Jr. and the Director of Parks and Recreation. Vice Chair Yukimura: Thank you. Mr. Rapozo moved to adopt Resolution No. 2011 -62, seconded by Mr. Chang. Vice Chair Yukimura: Moved and seconded to approve, and before we go to a vote, let us have a few words from the council. There being no objection, the rules were suspended. Mr. Rapozo: I'll start if nobody wants to. I don't know if Uncle Louie knows what just happened. You know, they just named a pavilion after you, Uncle Louie. Yeah, you can clap, yeah. I don't know what they told you that you had to be here today for because I don't think I've ever seen ... well, I may have seen you here for softball or something, but I don't know how they got you here. But I'm glad they got you here. And I just want to say congratulations. Shortly a vote will be taken and I am positive it's going to be unanimous and the main pavilion at Salt Pond will be called "The Uncle Louie Almodova Jr." pavilion. Well deserved. You are an ambassador for this island and for all our people and our culture and thank you and congratulations. LOUIE ALMODOVA, JR.: Thank you. Vice Chair Yukimura: So I had the privilege of introducing this resolution, but actually Councilmember Bynum has been trying for two years to get this resolution introduced and so I want to give him next the floor to say a few words. Mr. Bynum: Uncle Louie, this recognition is long overdue. I have tried to put this resolution forward in the past, but there was a desire to do a policy for any kind of recognitions like this. So I just want to acknowledge that I've known for a number of years and heard from your family and heard from your supporters about COUNCIL MEETING -24- June 1, 2011 your being an aloha ambassador. And I've felt bad that we haven't gotten to this sooner. So I want to take responsibility for that at some level and apologize, but say that this is long overdue and I'm glad we're able to do it today. Mr. Almodova, Jr.: Thank you. Vice Chair Yukimura: Thank you. Councilmember Kuali`i. Mr. Kuali`i: Aloha and mahalo, Uncle Louie. Congratulations. Mr. Almodova, Jr.: Thank you. Mr. Kuali`i: The thing I see in the resolution that jumps out the most to me, I think it's that you've dedicated your life to spreading aloha and the aloha spirit, I'm sure that's what keeps you so young and so handsome. I want to live to 100 too, so I have to work on that. But congratulations and keep spreading the aloha and keep enjoying being of that service to our community, to our families and to the visitors as well. Thank you so much, mahalo. Mr. Almodova, Jr.: Thank you, thank you. Vice Chair Yukimura: Any other comments? Councilmember Chang. Mr. Chang: Uncle Louie, thank you for coming, and I want to thank Vice Chair Yukimura and Councilmember Bynum for bringing this forward to us. Councilmember Rapozo was saying, I don't know if you know what actually happened. But you are the name on that pavilion, the main pavilion, so I want to just ask everybody to clap once again. And the reason that I say that, in the communication we understood that your family members and supporters and friends were going to be here, but if I'm not mistaken, there was a little paragraph that Uncle Louie might not be showing up. So with you coming in and the true gentleman that you've always been, you know the first thing you do is you remove your cap, you know such a sportsman and a gentleman, but we're here to recognize you. And I remember when Mayor Kunimura proclaimed you the Mayor of Salt Pond because I remember driving down to Salt Pond because I wanted to meet the Mayor of Salt Pond. And I remember that and so do a lot of the local residents and visitors. You know when we go to the Westside or we go to `Ele`ele, I think everybody knows where Uncle Louie lives. I mean we have the Hawaiian warrior Uncle Louie and that's when the local people can stop by to say howzit to Uncle Louie and a lot of the visitors, you know the people that come back year after year after year, you know if you're not at Salt Pond, they can stop on the way back, plenty of space to park on the side of the road, and we can go down that narrow sidewalk, listen to the small dogs barking on the side, but we can say aloha to Uncle Louie. And you've been a real, real big part of the baseball community, of the community here on Kauai and you know when you walk in you see a lot of people here and we had to change the agenda to move it up a tad. But when you walked in, everybody shaking hands, howzit, howzit, howzit and that's how respected you are. So I want to just say on behalf of this whole community and to your family and friends, thank you for coming because it's a blessing to have you because you know we can name the pavilion for you and you're alive and well and that's how it should be that you get recognized while you're alive and well and you continue to share the aloha spirit. So God bless you, God bless your family because you've been a friend to all of us. And as Councilmember Kuali`i says, you look great and you look the same. You know, you look healthy, you look the same. So just hope that on the way back toward the Westside everybody can remind you that that pavilion is you and you represent all of Kauai, not just Salt Pond. Thank you, Vice Chair. COUNCIL MEETING -25- June 1, 2011 Mr. Almodova, Jr.: Vice Chair Yukimura: Thank you. Thank you. Councilmember Nakamura. Ms. Nakamura: I'm glad to have this chance to meet the Mayor of Salt Pond. Salt Pond's been the subject of a lot of discussions recently here and I wish every beach park and area, special area on Kauai had a mayor that really looked after it as you do. Thank you for being a treasure, for being an ambassador for our island, mahalo. Mr. Almodova, Jr.: Thank you. Vice Chair Yukimura: So Uncle Louie, it's my turn and I want to take a moment of personal privilege to give you lei. Mr. Almodova, Jr.: Bless you, thank you. Vice Chair Yukimura: I want to say that Uncle Louie has lived a life of aloha and whenever I meet him he always has a joke to make me laugh and he always has an encouraging word to keep me going and I think he's been like that with every person he meets. And that's why he's the Mayor of Salt Pond and that's why we are so proud and thankful to be able to recognize him today by passing this resolution which names the main pavilion "The Uncle Louie Almodova, Jr. Pavilion." So I'm going to ask Uncle Louie if you want to say a few words and then I'll ask others if they want to say a word about him. Can you speak into the mike and say your name, please, first? Mr. Almodova, Jr.: Can I speak from here? Vice Chair Yukimura: Yes. Eddie, can you make sure that... Mr. Almodova: Yeah, I feel honored today to be here among all you people and this was a surprise to me. I didn't know one bit about it. I thought there was a ship coming in and meeting somebody. I got my lady friend here, Ms. Tamara Stryker, who's been here a couple years now and I take her like my daughter. And she invited me to come and meet some friends down here. That's why I'm here. I come here, I see my family. I say, what's going on now? But nobody's telling me nothing. So I'm really surprised. I'm really honored and now to get a presentation, I'm really honored. I'd like to thank all of you. Whenever I'm around if you need any help, you can see me. Don't be ashamed to call for help. Speaking of my home, there's also a telephone on the wall. When people have any problems, there's a phone, it don't cost you nothing to use it, okay. Thank you again. Councilmembers: Thank you. God bless. Vice Chair Yukimura: Uncle Louie, can you step aside for a moment and I just want to see if anybody wants to say anything because we want to take public comment on this resolution. Mr. Chang: another chair. Maybe we should let him sit and then move Vice Chair Yukimura: That would be fine. That's a great idea, Councilmember Chang. So if you would state your name and then give your comments. COUNCIL MEETING -26- June 1, 2011 TAMARA STRYKER: My name is Tamara Stryker and yes, indeed, I did bamboozle him to show up today. He didn't have any idea what was going to happen and I'm really glad that he said yes to coming down and meeting me here. Uncle Louie's been a very integral inspiration in my life before I moved here and since I've moved here. And I am grateful every day and say prayers every day for this man being in my life because he has shown me such great aloha. I've been able to relax, change my busy ways and really embrace this island and this way of being, and pass on the aloha he's shown me to everybody I encounter. And to me, that's the greatest treasure I could ever ask for. And I thank you and I love you dearly. Thank you for being my father. Thank you, aloha. Vice Chair Yukimura: Thank you. Is there anyone else who wants to say anything? Mr. Rosa. And I think I'll ask Lenny, Mr. Rapozo, to say a few words in behalf of the mayor. JOE ROSA: Well, I'm the historian here. I can go back 60 years and say that I first came upon meeting Mr. Almodova here because he was a dance enthusiast. He used to follow the dance bands all over Kauai. And I used to be the caretaker at Isenberg gym for the plantation at that time and he and his wife, Alice, never seemed to miss a dance. And also I can go on further and say that when I was working I came across Louie. He rejuvenated the `Ele`ele Subdivision Park there, where the senior citizens could play senior softball again. That was a barren dry grass, look like hay. But today, he takes his own water hose from his own home, I guess, and put the sprinklers and he has a nice infield, nice and green. So that's history, like as I say, that wasn't brought up, but that's how far Louie has gone in doing public service. That's why I told him he should be on the county payroll after he retires from the McBryde Plantation. So there's a lot more good that can be said about Mr. Almodova and fortunately he's here to hear about it, not after he's gone. So a lot of time they should do and honor a person when he or she is alive. I thank you. Vice Chair Yukimura: Thank you, Mr. Rosa. It's really good to have someone who knows the history. Thank you. And I want to say that this resolution was only possible through the cooperation of the mayor's office as well and so if Mr.. Rapozo would step forward and say a few words on behalf of the mayor. LEONARD A. RAPOZO, JR.: For the record, Director of Parks and Recreation, Lenny Rapozo. On behalf of our Mayor Bernard Carvalho, Jr., we extend our aloha, our thanks for everything that you do. It's always a ... I met Mr. Almodova back in 1988 when I first came back from college and I started hanging around the softball fields and so I befriended him. And of course, I've known the Almodova family, Don, who worked with my dad and played volleyball for the Hawaii Air National Guard with my dad. But then I got to meet this man and he's been a friend since 1988 on a personal note. And you know it's not just Salt Pond. He lives and breathes the aloha and the spreading of what Kauai and the people of Kauai are and I think on behalf of the Mayor I can extend our thank you and gratitude and aloha for our community for all that you are as a role model and as a shining light for the people of Kauai. Thank you. Mr. Almodova, Jr.: Thank you. Vice Chair Yukimura: Thank you. Is there anyone else who wants to say anything? LINDA: Uncle Louie. COUNCIL MEETING - - 27 - June 1, 2011 Vice Chair Yukimura: Can you state your name please. Ms. Linda: My name is Linda and we're actually cousins, but he's like a father to me. Uncle Louie, you've been there for me for many years and you stood by me and actually when I was going through confirmation, you stepped up to be my godfather. And you're always giving me calls and sometimes you entertain me with your playing ukulele and sing to me on the phone and I get serenaded for a long time. But I love it when you visit me. I love who you are and that you represent our family and I just want you to know that you're very special. God bless you. Mr. Almodova, Jr.: Thank you. Vice Chair Yukimura: Any other testimony? If not, I just want to acknowledge the presence of Uncle Louie ... oh, excuse me. REBECCA SIALANA: My name is Rebecca Sialana and I've had the privilege of getting to know Uncle Louie because we're good friends with his daughter Geri Yamamoto and Tom. He's just an ... words are hard to express to say how much he's cared about. We've gone on trips to Las Vegas with him and there are students and everyone who passes him seems to know him and he knows them by name, which is better than a lot of us remembering all the names. But I just want to say, thank you all for honoring this man because he deserves it so well. Thank you. Vice Chair Yukimura: Anyone else? If not, I want to acknowledge the presence of Uncle Louie's daughter, Geri Yamamoto and his son, Don Almodova, and there's another daughter Sandy who lives in Arizona and Pat who lives on Oahu. And of course, there's all his `ohana and supporters back there, we're glad to have you all with us today. And if there's no further testimony... yes. Mr. Chang: Thank you, Vice Chair. Just one fast, real fast comment. You know earlier today we acknowledged a young lady from our Junior ROTC program in Kapa`a and it was very refreshing to have her stating how fortunate she is being in that program as a proud American. But I want to thank Uncle Louie because many of us attended the Veterans' Cemetery there at Hanapepe and to and behold right there right in the front of the house proudly was a huge American flag. So that's the kind of guy he is, a Kauaian, a. Hawaiian, an American, a great American. Thank you. Thank you, Vice Chair. Vice Chair Yukimura: Thank you. Okay, if there's no further testimony, we'll come back to the council's business and ask for a roll call. There being no else wishing to speak, the meeting was called back to order, and proceeded as follows: The motion to adopt Resolution No. 2011 -62 was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Kuali`i, Nakamura, Rapozo, TOTAL — 6, Yukimura AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: Furfaro TOTAL — 1. COUNCIL MEETING -28- June 1, 2011 Mr. Nakamura: Six ayes, Vice Chair. Vice Chair Yukimura: Unanimous. Thank you, Uncle Louie. Mr. Chang: You know, I'm sorry, Vice Chair. No, I just wanted to say it's unanimous 6 -0 but our chairman is traveling on business and I know that Chair Furfaro and yourself are personal friends too. So I just want to acknowledge Chairman Furfaro because I know that he would have been so proud and said some nice kind words to his Uncle Louis here also. So I just wanted to say on behalf of Chairman Furfaro, mahalo to you also. Vice Chair Yukimura: Thank you, yes. So the vote is truly unanimous. It's all seven of us. Thank you. There being no objection, the rules were suspended. Mr. Rapozo: Did you have something to say, Uncle Louie? You look like you want to say something. Mr. Almodova, Jr.: No, no. Mr. Rapozo: You have a joke? Mr. Almodova, Jr.: A joke? I gotta go to the bathroom. Vice Chair Yukimura: Honest as ever. Yes, we'll take a picture after Uncle Louie gets to go to the bathroom. We're in recess for... shall we take a caption break? Ten - minute caption break, please, thank you. The meeting was called back to order, and there being no objection, the meeting was recessed at 11:29 a.m. The meeting was called back to order at 11:42 a.m., and proceeded as follows: Vice Chair Yukimura: The meeting will come back to order. We're on communication 2011... Mr. Nakamura: Vice Chair, we're back on page 2 of the council's agenda on communication C 2011 -178. Vice Chair Yukimura: Thank you. It's a communication from Councilmember Nakamura about the county's anti -drug program. Thank you to those of you who wanted to testify for your graciousness in waiting and allowing us to do the resolution for Uncle Louie and so now, the Chair will suspend the rules and ask for testimony on the anti -drug program that we just heard about. Mr. Mickens and then you're next. There being no objection, the rules were suspended. GLENN MICKENS: Thank you, JoAnn, for the record Glenn Mickens. Just a short couple of statements. First I applaud and compliment Theresa and her staff for all the hard work they do to stem drug use on Kauai. Since alcohol seems to be the major drug problem we face and since the alcohol industry worldwide has hundreds of billions of dollars or more to push their products, Theresa's job is monumental. For me the problem with our youth must be addressed first at the home level. Unless parents are role models, it's hard to educate the family COUNCIL MEETING -29- June 1, 2011 members to say no thank you to using alcohol. And I don't know the answer to changing parental habits, but their education must be part of the program, which I'm sure they're doing. I had a 10th grade teacher who told our class to leave alcohol and tobacco alone as they will never do you any good and could do you a lot of harm. It made a lot of sense to me and I've never touched either. And another strong element that must be addressed is getting kids to not be intimidated by others to start drinking, just say no thank you. How do we educate our youth to not needing alcoholic beverages at parties or celebrations to having a good time? We must convince them that our bodies don't need to be drugged to have a good time. And you know the television ads, you watch the sports events and all you see is ... you know these kids watch basketball, football, baseball, watch them all. Every other ad is a beer ad. And you know these good people are doing everything they can to educate them to leave it alone and yet they shove it down the people's throats continually. So you know I don't know the answer, but their budget is obviously a hundred thousand times more than their poor budget to try and educate these kids. But anyway I do appreciate their efforts in what they're doing. Thank you. Vice Chair Yukimura: Thank you. Mr. Montgomery. ARVIN MONTGOMERY: Thank you, Vice Chair, Councilmembers. My name is Arvin Montgomery. I work for Hale Kipa. I'm program coordinator of the underage drinking contract. I also have a bachelor's in psychology and I'm a certified substance abuse counselor. Because I'm on the forefront, we do have one of the grants from Theresa Koki and the office to work with underage drinking. The program that we run is called All Stars Program. The reason why I picked this and I think that the providers probably could fill in a lot of little pukas to questions that you may have about what we're doing with this. The reason why I picked the All Stars Program is it was originally... (inaudible) was originally written for science teachers. Because science was changing every year, they were having to buy new books every year. So these people came out with something that kind of has topics and then it's up to the instructor or the teacher to fill in the blanks. So we have things like goal setting, we have things like beliefs, we have things like risky behaviors that we address. So I don't even get into so much the drinking or the drugs. I address more risky behaviors which lead a lot of our youth into that, into drinking and drugs because that's pretty much the framework that we have to work with. So if we tackle things like not going to school, the friends they hang out with, what are some of the beliefs that you have about sex, for instance. And we're able to work with these kids a lot better. And the thing is if we can work with these kids from the age of 12 to 17, their chances of getting involved in drugs and alcohol in the future are less than if they weren't getting any. We talk about the war on drugs and that kind of has been beating on people since the Bush days and them coming up with this war on drugs. And you know what, we lost the war, we really did. We got beat. And what we're doing now, I really believe that if we can change the way that we think, we'll change the way that we behave. And that's what I try to teach the youth that I work with is if we can get in the mindset of okay, there was war, we lost, now we have a lot of casualties. And so the healing, and that's what I like to look at myself as doing, is trying to heal those who have been wounded by this. Now, I'm dealing with a lot of youth and their wounds come typically from the casualties of their parents, their uncles, their aunties that have trickled down and it's not even trickling down anymore. There's a big puka in the bottom of this cup now and it's just pouring on these kids. So we're dealing with a lot of kids who are at -risk, high risk. Mr. Nakamura: Three minutes, Vice Chair. COUNCIL MEETING -30- June 1, 2011 Vice Chair Yukimura: Mr. Montgomery, three minutes have gone, so if you can summarize? Or if you have a lot to say, we can go for another three? Mr. Montgomery: Oh really, okay, all right, I don't even know where I was I just kind of took off. Vice Chair Yukimura: Apologies for interrupting. Mr. Montgomery: Anyway it's Theresa Koki and they have an open door policy there. Can I go three more minutes? And so I spend a lot of time over there with them and I feel that with the little that we have, we are really doing a really good job. If we had more, we could do an even better job. But we're using ... we don't have any armor. We haven't been dressed, we don't have any guns or anything for this war that they call, but we do have some tools to help our youth heal. And we just need everybody to support us in this endeavor. There's a lot of things that need to be done. But the agency that I work for, Hale Kipa, is really on the forefront of this in trying to work with our youth and trying to help this healing process take hold. So, that's all I have, thank you. Any questions? Vice Chair Yukimura: Thank you very much. I think there might be some questions. Are there any questions of Mr. Montgomery? Councilmember Chang. Mr. Chang: Mr. Montgomery, thank you for your testimony. How long has Hale Kipa been around? Mr. Montgomery: Probably a better part of 20 years, mostly on Oahu. I know it's been over here for probably 10 -15 years. Mr. Chang: Have you ever, not necessarily surveyed, but those kids that have come for your help and they've come clean, success stories, have we ever gotten any testimonies from them? Do they come into the community to speak to youth that you know perhaps at one point they were, you know, in the same shoes as the youth? But have they given their testimony back to say this is where I was, this is where I'm at, it's not cool or what have you. It's great to be a jerk or what have you. Have we gotten any testimonies back from these youngsters to talk back to the other kids perhaps? Mr. Montgomery: Yes, we have. Yes, we have and then there's the other side about confidentiality too and we have to be real careful when we're working with youth because of that. But yeah, there are a lot of the youth that come forward. We just did a workshop up at Kapa`a High with the JROTC Program and so it was a three -week course that we took them for and they wrote us this big billboard. I wish I had brought it with me about what they got from the All Stars Program. And those kids you would think they're not really at that much risk because they're tied in to some real positive things, but there's stuff that's going on with these kids that need to be addressed. It's not so much about drugs and alcohol. It might be about other things, dating or getting involved with people that are just going the wrong way or issues that may be happening at home. So we do have a lot of youth that will come forward. Mr. Chang: And what are the age brackets of your kids? As young as what age to perhaps... is this just teenagers or early 20s? Mr. Montgomery: Under the underage drinking contract, they are 12 to 17. So we're dealing with middle school and high school youth, yes. COUNCIL MEETING -31- June 1, 2011 Mr. Chang: So in addition to the alcohol, you're also dealing with pills or drugs or prescription in conjunction with the... Mr. Montgomery: We're dealing with risky behaviors and that's how we frame that. We just kind of have to watch our language and not say drugs and alcohol is a drug, but we call it risky behaviors. Mr. Chang: Have you seen the Shattered Dreams video that Theresa Koki and her staff was mentioning? The Shattered Dreams? Mr. Montgomery: I have. Mr. Chang: Have your kids been able to take a look at that video? Mr. Montgomery: No, they haven't. I don't have a print of it. Mr. Chang: Okay, because I hope that the administration and the staff can provide a video for your Hale Kipa but also I'd like to see it ... you know it doesn't have to be high school students. I'd really love to see it within the middle schools or the elementary schools and the reason I say that is one thing that I didn't realize that when I looked at the drunk driver, for example, that was sentenced for 20 years and after he was doing the blood test, the field sobriety test, and then when he finally went into court, one of the things that I caught on was like I believe that young man had to go through some sort of counseling because he was really playing the role and when people really see what the realities of how your life can change dramatically, that... You know Shattered Dreams, I remember seeing video and then it kind of got on a back burner for a while so we weren't able to do that. But I think that should definitely be aired as much as it can throughout this county and throughout Hale Kipa or other places in which we have opportunity to show the children because I think that this can be a big, big turning point for judgment or you know staying away. Because you mentioned the war on drugs and most people realize that maybe we're losing the battle, but at least that could be a small ammunition that I think would be very powerful. Mr. Montgomery: You know most of the youth that we deal with at Hale Kipa already have their own shattered dreams and they tell stories that scare me sometimes and that's just where it has... We have a program called "The HAP Program" (Hawai`i Advocate Program), which actually lost a lot of money or folded up because of the budget cuts. We are pretty much trying to get back online now. We found some more moneys to deal with them. But those are the kind of youth that we're dealing with. This has already happened to them. They've already had experience. If they've tried drinking already, they might even be using drugs already. They're already into risky sexual habits and transmittable diseases. So a lot of these kids are already there. And it's amazing how young they are and it really goes even younger than 12 to 17. So we're talking about elementary school now where these kids are getting information and so it's that transition from elementary into junior high, they're bringing that stuff with them. And then from junior high to high school, it's just, you know, if they make it that far. We have some kids that won't even go to school. So that's the population that we're dealing with and that's where they're at already. But yeah, thank you. Chair. Mr. Chang: Thank you, Mr. Montgomery. Thank you, Vice Vice Chair Yukimura: Thank you Mr. Chang. Councilmember Bynum? COUNCIL MEETING -32- June 1, 2011 Mr. Bynum: Arvin, I just want to thank you for being here and you know, the key thing that you said is what you guys are doing with a little is a lot and I really appreciate that a lot. I'm going to have some comments when we call the meeting back to order because I find myself kind of being pessimistic at the bigger picture and I don't want to diminish at all what you said, though, about with a little you can do a lot, especially with your great energy. Thank you for all you do and for all the help you've given to lots of people, including my family, so thank you. Mr. Montgomery: Thank you, Tim. Vice Chair Yukimura: Any other questions? Councilmember Rapozo. Mr. Rapozo: Thank you and thanks, Arvin, for being here, and thanks for what you do. You have a pretty awesome story to tell yourself. Appreciate you sharing, not here today but with the kids all day to day. But I guess my question is when you were talking about what you experienced, what the kids were telling you, and how it scares you at time, you would think that those stories are coming out of L.A. or San Francisco or Chicago, but that's right here. Mr. Montgomery: Right here. Mr. Rapozo: Right on Kauai. Mr. Montgomery: Right on Kauai. Mr. Rapozo: And I hear them as well. And I think the police or somebody told us that the youngest ice addict was 8 years old on Kauai. But yet we continue to go in at a much later age to educate and make awareness possible for some of these middle school and high school kids. But in your opinion, and you are a certified counselor, you're well educated, what age should we be looking at when we start presenting some of these awareness campaigns? Should it be in elementary school? I know this is not a county issue, but I mean sometimes I think you know like you said, the war is done and we're just picking up the casualties. But there's got to be a better way to get to these kids to stop the casualties. Do you have any idea or what age that would be? Should we be in the elementary schools? Should we be targeting a younger age in some of these programs? Mr. Montgomery: Mel, an answer to that is that the anti -drug team, Theresa Koki and them, and through the moneys that they've gotten for this grant, they've been able to put on workshops for us that have educated us even more about the prevention problem and our youth. And we're finding through data that there is a lot that needs to start happening in elementary school, as far as maybe fourth grade. Like I said, there's those transitions that the kids are making. I feel for here because I see a lot of younger kids in elementary school that are already acting out on risky behaviors. So it's real important that we address that, yes. And there are programs like All Stars that can go back as far as elementary school and start that curriculum. The thing with that is is that you have to follow them from and Vice Chair was talking about this, you have to follow these kids from elementary school to high school to get the data to find out where they're at and we are set up with the county where we do a survey at the beginning of the group. We do a survey with the same questions at the end of the group and then we do a six -month follow -up. Well that six -month doesn't even come up for us until next month that we do the follow -up to find out what's going on with these kids. So there is follow -up, but then after that pau. And it's kind of disheartening to put this much into these kids and for them to come alive and then you back out. The good thing about it is we try to COUNCIL MEETING - - -33- - June 1, 2011 hook them in to mentors, people that will continue with them voluntarily. Boys and Girls Club, Big Brothers and Big Sisters, those agencies that we collaborate with to kind of follow through and carry these kids on, but yeah, elementary school would be ideal. Mr. Rapozo: Thank you. Vice Chair Yukimura: Any other questions? I have one. Your work, is it one -on -one or one -to- several in a group, one to a group, I mean your work with these kids? It is you, an adult, and one kid or is it you and a group of young people? Mr. Montgomery: No, there's myself, I'm the program coordinator. Then I have a prevention specialist that works with me and then we do groups. And so the Hale Kipa kids under one contract, we've had as many as six kids. Vice Chair Yukimura: All right. Mr. Montgomery: The other contract up at Kapa`a High, we just got through 14 kids. And then we also do one -on -ones with them. If something comes up and a lot of it does during groups, we do one -on -one counseling with them. Vice Chair Yukimura: I found it interesting that you said you often don't even mention drugs. But you're talking about goal setting and beliefs and risky behaviors, so that indicated to me that you were actually building some life skills and problem - solving skills rather than education about specific drugs. Is that generally the case? Mr. Montgomery: That's generally the case. Vice Chair Yukimura: Okay. Mr. Montgomery: And they do a lot of role playing too during the session, so they come up with the topic and then they do a role play with it. But we really feel that if we can get them set on a goal, a vision for themselves for their future, that they're more likely to move in that direction because we move towards that which we think about all the time. Most of these kids if they don't have a goal, if they're just trying to figure out where am I going to eat tonight, they'll go for anything. So we try to turn that around for them or give them the tools to learn how to do it for themselves. Vice Chair Yukimura: Yes, I think we were all awestruck earlier this morning when Ms. Jackie Tacsiat related her goal to us. It was so specific, so clear and you knew that she was on her way. Mr. Montgomery: We'd really like to see that in our kids. I mean that was awesome. I get chicken skin just listening to that because she had it down. You asked her where she wanted to be when she grew up and she said it. Vice Chair Yukimura: Yes and I remember myself of having a goal of going to college and I made a lot of decisions in my life about that's going to move me toward my goal or that's not going to move me toward my goal. Mr. Montgomery: Right, exactly, exactly. Vice Chair Yukimura: All right, well, thank you very much, appreciate your comments. COUNCIL MEETING -34- June 1, 2011 Mr. Montgomery: Vice Chair Yukimura: JOE ROSA: already. Vice Chair Yukimura: Thank you. Mr. Rosa, I believe, did you want to testify? Well, I can see good afternoon. It's noontime Yes. Mr. Rosa: For the record, my name's Joe Rosa. Well I'm here today after hearing all the testimonies this morning, first of all I think this whole thing on this has come to what's being presented by Theresa Koki and her staff it basically starts out with education. It starts in our schools. You have people that go to the schools. You have police officers at the schools. To go on further, I think they should set a student council that's made up of members of the school that this committee people of Theresa can go to the schools and find out who are the troublesome children and get started right then and there. Not wait until they're hooked on it already, that's too late. You know you have to take an ounce of prevention early before it gets to be something of a problem. Secondly, how much help has the department gotten from the liquor inspectors or the liquor commission? During my time when I was growing up, if any establishment was caught selling liquor to a minor, they were suspended for at least a year. They'd lose their license. And you think of any big establishment, Big Save, Times, Wal -Mart, K -Mart losing their liquor license for one year. You know look on the liquor license laws that they have and do severe penalties that establishments would have to pay and it also goes for the people who would buy liquor for a minor. They would have to go to court, appear before a judge and be fined. You know those are enforcements that used to be from the liquor commission office. I can say this because I know when I used to go out and at times I used to see liquor inspectors sitting outside liquor establishments where they sell liquor and I was told by one of my younger friends at that time that the liquor inspector called them over and asked them for their ID. Now, liquor inspectors go around check the bars for all kinds of violations, fighting, dancing if it is not allowed to be dancing. They sit outside those liquor stores and those proprietors of those stores like I know I used to see a liquor inspector sitting outside Hale Pumehana who had a liquor store there. And also in Kapa`a. So they were doing their job, but today you don't hear of any establishments being closed because of violations. They just get a slap on the wrist, maybe a $50 fine or etcetera. So why aren't those reports coming in? Check the liquor commission laws. I think it's on the board yet that they face one -year closure. Vice Chair Yukimura: Mr. Rosa. Mr. Rosa: Lose the liquor license. I'll go my other six anyway. Mr. Nakamura: Three minutes, Vice Chair. Mr. Rosa: Also, like I say, I'd like to see you people get help from the liquor inspectors because they're part of the county. They're appointed by the department here. So those are the kind of things I'd like to see. Also, the police department, when our time when the names used to come up, Higuchi, Uchida, Awana, Carvalho, Kaeo, those are a few that we had of those police officers because when that 8 o'clock curfew siren would blow we had to be home and off the streets and of course there were the probation officers, we won't forget those kind of people. COUNCIL MEETING -35- June 1, 2011 Mr. Ed Price, he used to live right on the street where the Lihu`e Baptist Church is and he used to come across and sit right in the corner of the Lihu`e Theater parking out there and he had a pair of binoculars and he'd see who the guys that were loitering around the theater there or (inaudible). And you would get a call the next day to report to the principal's office and the reason was because you got caught by the probation officer. So those are the kind of things, like I say, is lacking today, which was good, something was good in the olden days. And it's being lax and not being enforced today, especially liquor commission laws, things like that there. Those are the kind of things that needs to be taken care: enforcement, education. Those are the keys. You got a big staff here now I don't know the profession of the staff that Theresa has, their college degrees, are they qualified, all that? You know we don't know that, we didn't ask, but those are the kind of things. Are they able to help the sick people that need the help then? And of course, you know, I can see the $150,000.00 be given to them, the Koki's department or to the police department, police activities league. And that's another thing that can't be helped. I used to take care of the Isenberg gym for the plantation, like I say, at 8 o'clock we closed it down. The same thing with the old Li1hu`e Armory, (inaudible) used to be the caretaker. It'd stay open until 8 o'clock to keep the kids off the street and doing something. Today the county they expect everything to be paid. If I'm going to say go referee a basketball or volleyball, they take half -day off because they're going to work nighttime. They're going volleyball or basketball. So those are the kind of things. If you want to do it, do it from the heart and be sincere about it. And if you're going to help the children or help these people with drug rehabilitation, do something and be sincere about it, not just plain talk, take action. As I said, take the $150,000.00, split it up between the police activities league and give some to Theresa Koki so she can run her department. I thank you. Vice Chair Yukimura: Thank you very much. Anyone else wishing to testify? If not, the meeting will come back to the table here and the Chair would entertain a motion to receive. There being no one else wishing to testify on this matter, the meeting was called back to order, and proceeded as follows: Mr. Chang moved to receive C 2011 -178 for the record, seconded by Mr. Kuali`i. Vice Chair Yukimura: Moved and seconded to receive, any further discussion. If not, all those in favor ... yes, Councilmember Chang. Mr. Chang: You know I just wanted to thank Councilmember Nakamura for placing this and requesting this to be on the agenda. And I want to thank Theresa and her staff for this wonderful presentation. I think it's long overdue. I think it's about time that we talked about this and this entire community watching what we have, the news needs to get out that this community needs some help. And do also want to thank the community members here who have been here all morning long to hear about what we had to say and what we're going to be doing. You know, it's a very scary world out there. I remember when recently had that little get- together there at the War Memorial Convention Hall and some of us were there, but we looked at that Four Loko or all these other colorful drinks that how do kupunas know the difference between the children having something that they... they could nonchalantly be drinking alcohol and it's very alarming that we learn because anything between 12 and 16 ounces is like drinking four or five beers, coupled with pills. I mean when you look at this booklet that you gave us. I mean it's scary to see what's out here because it's so colorful, it's so pretty, it's so nice, but you know if you have a young man or young lady, a teenager, now we're knowing COUNCIL MEETING -36- June 1, 2011 younger than teenagers, drinking something like that and they have a 90 -pound frame or a 100 -pound frame and they drink one or two of them, I mean you do the math. It's overwhelming. So I'm glad that we had that little briefing out there and for myself, again, I just wanted to just repeat that I believe that the "Shattered Drams" video is and will be a big, big eye- opener not only for the students, the parents, and us as responsible adults. You know, we need to, as you mentioned, put stickers on the coolers. I mean we need to be active because in society so much uncles and aunties and the kids want to be around the adults and they'll do anything to go make somebody happy, but there are times that we are in a festive mood that we just ... we don't think about when we're doing when we ask the youth to do something for us. So I'm glad that you brought that up. The children and the kids are really smart these days, incredibly smart because I was talking to parents that chaperone and teachers who chaperone proms, for example, and no matter how you try to search somebody and look at stopping what is supposed to have been an alcohol -free event, obviously a prom, and then during the duration of the evening or when it comes time to clean up you see these little liquor bottles and all these little evidence out there, like how do people get it in? So I wanted to thank the community for coming out over here and giving the mana`o because it is a fight that we need to fight back. I feel it's very, very important. And again, I'm just very grateful that we had this conversation so the public can be aware of the many problems, I believe, that we face out there. People and parents are working two or three or four jobs and we have the pressures of the economy and the pressures of life and we all have pressures. And sometimes we take it out on the youth or we don't look after the youth as we should. So I'm glad this conversation came up. and want to thank the public. We had a huge crowd here this morning. So I just wanted to say thank you and thank you, Theresa, to your staff, for what I believe has been a very enlightening presentation that you did for all of us, thank you. Thank you, Vice Chair. Vice Chair Yukimura: Thank you. Councilmember Kuali`i. Mr. Kuali`i: I too wanted to say thank you and this Kauai Community Drug Response Plan for 2008 -2013 has a lot of great information. I'm looking forward to looking at it further and working with you. And I just wanted to say, I know that the work you do involves so many volunteers in the community, and parents, and county officials, and policemen, and a lot of folks doing volunteer work at nights and on weekends, too many people to mention. But I just you have several ... the drug action team, the Kauai Drug Prevention Coalition, the West Kauai Drug Prevention Coalition, the Central District Drug Prevention Coalition, East Kauai Prevention and Education Team, and the Joint Treatment Community Integration Committee and the Enforcement Committee. Just looking at that, it's like two pages worth of names, and just so many people in our community, and I just wanted to thank all of them and encourage even more to step forward and work with us work with you to make a better future for our island, for our families, and for our kids, for our keiki, mahalo. Vice Chair Yukimura: Thank you. Any further discussion? If not, all those... oh, excuse me, Councilmember Bynum. Mr. Bynum: Yeah, this is a ... I just want to talk about a couple of things in terms of reality. Mayor Baptiste put together this whole effort because he saw the crisis that was happening in our community. And a lot of people came together over a number of years. This is not the first drug plan and all of that has been great. It's really been good. At one point we identified that there was a tremendous need for adolescent drug treatment program. We actually broke ground on a facility in Hanapepe. We actually had people lined up to operate that facility. COUNCIL MEETING -37- June 1, 2011 And people said, oh man, not in this community, you can't be here, this isn't a good place. Wherever we try to do this treatment we will definitely have people stand up and say, oh, this isn't a good place. But the reality is that drugs and alcohol are causing crises in every single block in every community. We need to be worried about the people who are actively using and abusing drugs, selling them that are present in our communities, not people who want to commit themselves to get better. And we have really great things happening on Kauai. We need to acknowledge, I think, the people who are working every day, particularly in NA and AA, and Al- Anon, meeting in dozens of meeting in this community all over with incredible people who have been clean and sober for years and continue to reach out and make themselves available to be sponsors and work for people who are committed to change. Where I think the county can work on is some of these things about image. We're trying to convince people to change the signage they put on their storefronts, but the signage is illegal to begin with and we don't do the enforcement of it. We tell kids ... we know that they need to practice their social skills and be involved with one another, but we all know that every single weekend there are huge parties that have adults and drugs and alcohol because kids need to get together and congregate and practice their social skills, and we don't allow them to do that. We don't give them a place. We don't say, yes, you can be in the parks at 10 o'clock at night in an organized fashion. We don't give kids an opportunity. We actually have patrols that go out and when kids congregate on Friday and Saturday nights tell them, hey, you can't be here, you can't hang out, but we don't give them a safe place to do it. So, there's a lot of things that the county can do and many of them we are. But the other reality is I said we actually broke ground on a drug treatment facility. We're looking at doing it again. But in the intervening years, drug treatment availability in this state has gone down considerably. The legislature just cut $600 million from the budget and the state, whose primary responsibility is mental health and these treatment programs, is hard - pressed to keep it up. And so I think we need to keep chugging away and Mr. Montgomery, who was here, is a great example of the kind of people who with a little bit of resources can make a really big difference in your community. But the bigger issues are very complex and we have gone through an era that we have to admit that the resources we once had that needed to have more are gone. I don't know if the county should invest and I think this council this year said, you know what? Let's not program this money for an adolescent treatment program until you can demonstrate to us that there's actually people to operate it and funds to do it because the County of Kauai maybe could generate a facility, but they certainly can't take on the responsibility of funding the ongoing treatment for year after year. So I know I'm just babbling some, but there are things that we can do. I think today was important because I know I'm recommitted to work at some of these sign ordinance issues and some of the image issues. So anyway, thanks. Vice Chair Yukimura: Thank you. Any other comments? I just want to say one thing. I believe some drug usage has actually gone down, and the importance of having really clear figures and facts and data is important because I don't think we should be losing hope. The cases where people have failed and are involved in drugs are terrible and I don't want to minimize that. Our real hope is in actual prevention because treatment is so expensive and prevention is so cost - effective. And I'm really thankful for the evidence -based programs that our anti- drug program are providing. But we have to make it more widespread than it is. It can't be small groups of 15 or 35 or whatever. It has to be something that actually, I believe, is in the schools as life skills, which will not be only an anti -drug program, COUNCIL MEETING -38- June 1, 2011 but it will be an anti - teenage pregnancy program, it will be an anti - delinquency and school dropout program because life skills are so critical to success in life. And that's what I think where we need to go in terms of a very effective drug prevention program. And Mr. Montgomery's right. It's not just the kids who are poor and left out, it's the kids who are in JROTC, it's the high- achieving kids who still need to develop social skills, who still have anxieties and need to learn to interact with each other and with adults. The life skills program will really address all of this. So without further ado and if there's no other discussion, all in favor, say aye? The motion to receive C 2011 -178 for the record was then put, and unanimously carried. Vice Chair Yukimura: Motion is carried and that brings us back to our agenda and also to our lunch break. I really apologize to those of you who are here to hear about the Hanapep6 levee. That'll be first on the program right after lunch and we will be back at 1:25 p.m. There being no objection, the meeting was recessed at 12:22 p.m. The meeting was called back to order at 1:27 p.m., and proceeded as follows: Vice Chair Yukimura: The meeting will come back to order. For the viewing audience, I just want to say again that Chair Furfaro is in San Francisco working on a bond refinancing issue, and that's why I'm conducting the meeting today. And we're back from lunch break. Public Works is on its way to speak about the Hanapepe River and Waimea River levees, but in the meantime, we're going to receive the items that are easily receivable on the agenda. So. Mr. Clerk, if you would tell us what those are? Mr. Nakamura: Vice Chair, we're on page 1 of the council's agenda. If we can have for receipt communications C 2011 -174 and C 2011 -176. C 2011 -174 Communication (05/03/2011) from the Chief of the Building Division, Department of Public Works, transmitting for Council information the Building Permit Information Reports for April 2011 that includes the following: (1) Building Permit Processing Report (2) Building Permit Estimated Value Summary (3) Building Permits Tracking Report (4) Building Permits Status C 2011 -176 Communication (05/05/2011) from the County Engineer, transmitting for Council consideration a traffic resolution establishing two crosswalks across Kawaihau Road in the vicinity of Kapa`a Elementary School. Vice Chair Yukimura: May I have a motion to receive? Mr. Rapozo moved to receive C 2011 -174 and C 2011 -175 for the record, seconded by Mr. Chang, and unanimously carried. Vice Chair Yukimura: Motion is carried. COUNCIL MEETING -39- June 1, 2011 Mr. Nakamura: Vice Chair, we're on page 2 of the council's agenda. If we could have for receipt communications C 2011 -179 and C 2011 -180. C 2011 -179 Communication (05/13/2011) from the Mayor, transmitting for Council consideration and confirmation, appointee Clyde Nakaya (term ending 12/31/13) to the Board of Water Supply: Mr. Bynum moved to receive C 2011 -179 for the record, seconded by Mr. Chang, and unanimously carried. C 2011 -180 Communication (05/18/2011) from Council Vice Chair Yukimura, requesting Council consideration of a resolution honoring Louis Almodova, Jr., or "Uncle" Louie Almodova, Jr., by naming the main pavilion at Salt Pond Beach Park "The Uncle Louie Almodova, Jr., Pavilion": Mr. Bynum moved to receive C 2011 -180 for the record, seconded by Mr. Chang, and unanimously carried. Vice Chair Furfaro: Motion is carried. Mr. Nakamura: Vice Chair, at this time if we can move to communications for approval. On page 2, communication C 2011 -181. C 2011 -181 Communication (05/03/2011) from the Chief of Police, requesting Council approval, to expend approximately $35,000.00 from the Police Special Fund to purchase a vehicle for use in the Criminal Intelligence Unit: Mr. Chang moved to approve C 2011 -181, seconded by Mr. Kuali`i, and unanimously carried. Vice Chair Yukimura: Motion is carried. Mr. Nakamura: Vice Chair, what I'll do is I'll wait for Councilmember Rapozo to come back before we move on C 2011 -182. Vice Chair Yukimura: All Right. Mr. Nakamura: If we could go to the legal document for approval. At the bottom of page 2, communication C 2011 -183. LEGAL DOCUMENT: C 2011 -183 Communication (04/29/2011) from the Environmental Services Management Engineer, Department of Public Works, transmitting for Council consideration and approval the following from the State of Hawaii Agribusiness Development Corporation: • Land License granting the County of Kauai and Waste Management of Hawaii, Inc. (co- licensees) license to enter and remove soils from the Kekaha Mud Ponds situated at Kekaha, Kauai, Hawaii, further described as TMK (4) 1- 2- 02:Por. 1, for cover material at the Kekaha Phase II Landfill, and • Indemnification of the State of Hawaii Agribusiness Development Corporation as described in paragraph 15 of the Land License. Mr. Bynum moved to approve C 2011 -183, seconded by Mr. Chang, and unanimously carried. Vice Chair Yukimura: Motion is carried. Mr. Nakamura: Vice Chair, if we can go back to page 2, communication C 2011 -182. COUNCIL MEETING -40- June 1, 2011 C 2011 -182 Communication (05/17/2011) from Mel Rapozo, President, Hawaii State Association of Counties (HSAC), transmitting for Council approval, the Hawaii State Association of Counties' (HSAC) proposed slate of officers for the 2011 -2012 term as follows: Mel Rapozo (Kaua`i County Councilmember) — President Stanley Chang (Honolulu City Councilmember) —Vice President Joseph Pontanilla (Maui County Councilmember) — Treasurer K. Angel Pilago (Hawaii County Councilmember — Secretary Mr. Kuah'i moved to approve C 2011 -182, seconded by Mr. Bynum. Vice Chair Yukimura: Moved and seconded to approve. Is there any discussion? If not, is there any member from the public who wishes to testify? Okay, we're back to the council floor. Any discussion? Councilmember Chang. Mr. Chang: Thank you, Vice Chair Yukimura. I just wanted to say congratulations to our President Mel Rapozo, of course here from Kauai, and I had an opportunity at our recent NACo to meet from Honolulu Mr. Stanley Chang, our Vice President, no relations... Joseph Pontanilla for many years and I also had an opportunity to sit with Angel Pilago, so our state is well - represented. And as most of Kauai remembers and knows the past President for HSAC was our state representative right now, former Councilmember Derek Kawakami. So I'm glad that Kauai, through Councilmember Mel Rapozo is of course the President at this time. And we'll all be attending a convention on Maui in a few weeks there, so we look forward to officially meeting and welcoming our HSAC officers. So I just wanted to say congratulations to our President Rapozo. Vice Chair Yukimura: Thank you, any further discussion? Mr. Bynum: I just want to echo that and say before Derek was the President, Mel was the President. So thanks for your continued leadership, Mel. Vice Chair Yukimura: Councilmember Rapozo? Mr. Rapozo: Thank you and thank you for your support. This was the slate that was nominated by the state board at the state meeting, and I'm honored and privileged to serve again as the President. And I think now more than ever it's important that the state be united, in addition to the council of mayors as well, as we move forward in these tough times. So hopefully we'll continue the tradition and move Kauai and the rest of the counties forward. So thank you very much for your support. Vice Chair Yukimura: Thank you, any further discussion? If not, all those in favor, please say aye? The motion to approve C 2011 -182 was then put, and unanimously carried. Vice Chair Yukimura: Motion is carried. Okay, just for those of you who are interested in the Hanapepe/Waimea River levees, I know we promised you that this would be first on the agenda, but our public works people haven't arrived yet. So we're just trying to do the other business while we wait. But as soon as they come, that issue will be on. COUNCIL MEETING -41- June 1, 2011 Mr. Nakamura: Vice Chair, if we can go to page 3 of the council's agenda, on Claims, communication C 2011 -184 which is a claim filed against the County by Verna Rita, communication C 2011 -185 which is a claim filed against the County by Glenn K. Kapahu, and communication C 2011 -186 which is a claim filed against the County by Tim Klett. CLAIMS: C 2011 -184 Communication (05/06/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Verna Rita for physical injury and medical bills, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Kuah'i moved to refer C 2011 -184 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr. Bynum, and unanimously carried. C 2011 -185 Communication (05/09/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Glenn K. Kapahu for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Kuali`i moved to refer C 2011 -185 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr. Bynum, and unanimously carried. C 2011 -186 Communication (05/11/2011) from the County Clerk, transmitting a claim filed against the County of Kauai by Tim Klett for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Kuali`i moved to refer C 2011 -186 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr. Bynum, and unanimously carried. Vice Chair Yukimura: Motion is carried. Mr. Nakamura: Next matter for approval, are Committee Reports on page 3. From your Committee on Public Safety and Environmental Services Committee Report CR -PSE 2011 -07. COMMITTEE REPORTS: PUBLIC SAFETY & ENVIRONMENTAL SERVICES COMMITTEE A report (No. CR -PSE 2011 -07) submitted by the Public Safety and Environmental Services Committee, recommending that the following be received for the record on second and final reading: "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," Mr. Rapozo moved for approval of the report, seconded by Mr. Kuali`i, and unanimously carried. (See later for Bill No. 2407) Vice Chair Yukimura: Motion is carried. Mr. Nakamura: From your Committee of the Whole, Committee Report CR -COW 2011 -19. COUNCIL MEETING -42- June 1, 2011 COMMITTEE OF THE WHOLE A report (No. CR -COW 2011 -06) submitted by the Committee of the Whole, recommending approval of recommendations in totality, with resolution to follow at the 6/15/2011 Council Meeting, including a review by the County Attorney: "CR -COW 2011 -19 on COW 2011 -06 Communication (04/21/2011) from Vice Chair Yukimura, requesting the Committee's consideration of the proposed revisions to the rules of the Council of the County of Kauai For the Organization of Committees and the Transaction of Business, as recommended by the Rules Sub - Committee, and other amendments to the rules," Mr. Rapozo moved for approval of the report, seconded by Mr. Chang, and unanimously carried. Vice Chair Yukimura: Motion is carried. Mr. Nakamura: Next matter for approval are Resolutions. First resolution for approval is Resolution No. 2011 -60. RESOLUTIONS: Resolution No. 2011 -60, RESOLUTION ESTABLISHING CROSSWALKS ALONG KAWAIHAU ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI: Mr. Bynum moved to adopt Resolution No. 2011 -60, seconded by Mr. Kuawi. Vice Chair Yukimura: Moved and seconded to approve. Any discussion? Councilmember Nakamura. Ms. Nakamura: I am going to support this resolution, but I hope in the future that this council will expect a little more documentation than one or two sentences describing the rationale for this and what the best practices are, what happens to the existing sidewalks. I feel that the documentation for this item was not adequate, but I support the intent. Vice Chair Yukimura: Yes, thank you, and if maybe our staff can follow up with a request for more documentation based on this one that is here. Mr. Nakamura: So noted, Vice Chair. Vice Chair Yukimura: Yes, thank you. Is there anyone from the audience who wishes to testify on this matter? If not, we're back on the council floor, and is there any discussion? If not, all those in favor, say... oh, wait, sorry, we have a roll call vote. FOR ADOPTION: Bynum, Chang, Kuah'i, Nakamura, TOTAL — 6, Rapozo, Yukimura AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: Furfaro TOTAL —1. Mr. Nakamura: Six ayes. COUNCIL MEETING -43- June 1, 2011 Vice Chair Yukimura: Thank you. The motion passes, the resolution is approved and since I see Mr. Dill and Mr. Tabata here, why don't we go to that item, please Clerk? Mr. Nakamura: Vice Chair, we're back on page 1 of the council's agenda, on communication C 2011 -175. COMMUNICATIONS: C 2011 -175 Communication (05/05/2011) from Council Chair Furfaro, requesting the Administration's presence, to provide the Council with an update on the status of the Hanapepe River and Waimea River levees. Vice Chair Yukimura: The Chair will suspend the rules and ask Mr. Dill to come forward. There being no objection, the rules were suspended. Vice Chair Yukimura: Good afternoon. LARRY DILL, County Engineer: Good afternoon, Larry Dill, County Engineer for the record. Vice Chair Yukimura: Thank you for being here. Mr. Dill We have some handouts for the levees I'd like to distribute to you and you can follow along as I talk to the bullet points on those. Vice Chair Yukimura: I think it's okay if you started. Mr. Dill: As you know we have levees that provide protection at both the Waimea and Hanapepe rivers and there are three issues concerning the levees that I'm going to speak to you about this afternoon. The first issue is the decertification issue. The levees were originally constructed by the United States Army Corps of Engineers back in the 1950s and the 1960s. Their criteria... and standards by the Corps and also by FEMA were different back in those days. The current standards and requirements for levees, as you can see in the second bullet, is that the levees should be designed and constructed to convey the 100 -year storm with 3 feet of free board, and our levees were not designed to that specification. And for that reason, the Corps is decertifying those levees. But at the same time the Corps is working on a couple of things. They are redrawing the floodplain limits to reflect the fact that those levees are being decertified. That will mean that affected residents, as I understand were informed at a community meeting some time ago last year, should get flood insurance for their properties, which they'll be able to get at a reduced rate until the redrawing of the FIRM maps is complete. Now in order to move forward with getting the levees recertified, the Corps is working on a preliminary design to meet the current criteria, and having done that, they will then do a cost - benefit analysis to determine if the value of the required improvements is going to provide the value to justify the work. I can't imagine that it would not, but that's part of the process that they go through. That work is being cost - shared, as you see in the sheet before you, between the county and the Corps. Total cost as told us by the Corps is $300,000.00 and the County is sharing that at 50 %, so part of the CIP is $150,000.00 towards that that the county is contributing. The work commenced in February of this year and they tell us they anticipate completion of that first phase in January 2012. And again, if the cost- COUNCIL MEETING -44- June 1, 2011 benefit analysis comes out favorably, the next steps will be to design and then build the necessary improvements, at which time then the levees would be recertified by the Corps, the FIRM maps once again will be redrawn to reflect the existence of the levees and then affected residents can no longer need their flood insurance because once again the levees will be protecting them. So that's the first issue, the decertification/recertification issue. The second issue with regards to the levees and actually this is specifically with respect to the Hanapepe levee is there is an issue of erosion at the toe of the right bank of the levee. That's the western bank of the levee. And this was noted by the Corps of Engineers back in 2008. And so we did do, with their direction and input, some temporary measures in order to try and protect that toe while the Corps has been working on plans to come up with the design for a more permanent solution to correct the erosion that's happening at the toe. We did install some concrete barriers in that location as directed by the Corps. The solution was not an effective one and the erosion continues to happen. So the design -build process is underway. Scheduled construction is anticipated January of next year. We have been requesting the Corps try to accelerate that schedule. In fact I checked and we did communicate with the Colonel over at the Corps on Oahu via letter from the mayor in January requesting they accelerate that. We've met again recently and had some informal conversations with the Corps and we're probably going to ask them again to try and accelerate that schedule to get that work done. So that's the status of that Hanapepe toe erosion issue. The final issue is related to inspections done by the Corps. The Corps does an annual, what they call "a routine inspection of the levees," which is, I guess, a fairly cursory inspection. They do every five years a periodic inspection, which goes into a little more detail. They were out here just last week conducting a periodic inspection of the Hanapepe levees and a routine inspection of the Waimea levees. They did find several significant maintenance deficiencies in those inspections, and as a result of that, we have not, of course, received their final written report yet, but as a result of those significant deficiencies, they said that we will likely not pass the inspection and therefore, the levees will be changed to "inactive" status in the Corps program. The downside of that, as I note in the report in front of you, is that if there is a catastrophic event with the levees, we would not be eligible for Corps support, either engineering or construction -wise, funding wise to rectify the problem. So we have sat down in -house following the inspection and have formulated and continue to fine -tune an action plan to address all the maintenance deficiencies that were noted by the Corps. And we anticipate that we should... Vice Chair Yukimura: Right now? I'm sorry, we have to change the tape. Mr. Dill: I should have spoken quicker. I'm sorry. Vice Chair Yukimura: Okay, so if everyone will stay put, we'll just have the tape changed. Sorry to interrupt you. Mr. Dill: I was almost done too. Vice Chair Yukimura: I know and that's why I was trying to buy time for you to finish, but there was no leeway. There being no objection, the meeting was recessed at 1:45 p.m. The meeting was called back to order at 1:46 p.m., and proceeded as follows: COUNCIL MEETING -45- June 1, 2011 Vice Chair Yukimura: The Council will come back from recess. Mr. Dill, please continue, sorry for the interruption. Mr. Dill: That's all right. Let's see, so we do have an action plan developed, which we should have completion of the maintenance deficiencies addressing all of those within no later than six months, December of this year. Having completed all those deficiencies, and we'll then call the Corps, request a follow -up inspection and if things go according to plan, then we'll be restored to "active" status on the levees. And that's the inspection issue. So having said that, I'd be happy to take any questions. Vice Chair Yukimura: Thank you. Mr. Bynum? Mr. Bynum: I am going to have a series of questions about each section. First of all, we knew about this decertification issue some time ago, right, and so how is it ... the Corps ... we're in the process of doing the study, which is cost shared 50/50, right? Mr. Dill: Correct. Mr. Bynum: Why did it take so long to get that study going or am I wrong that it didn't take that long? Mr. Dill: It pre -dates me. I had some of the same questions. I understand that negotiations with the Corps took over a year just to get a contract established and I don't know the details of that. I can do some more research into that if you like. Mr. Bynum: So I guess it's my overriding question. How's our relationship with the Corps right now, given these projects because I know in the past we've talked about we have to rely on them, but do you have a sense of that? Mr. Dill: Well, my relationship with them has been limited since I have been here. I was present for a portion of the meeting we had prior to the inspections last week as well as the actual inspection, a portion of that as well. I guess my impression is it's a positive relationship. They have challenges on their own side, as well, that they have to deal with in moving forward on these things, which, I think, relates to a portion of delay that we're experiencing in addressing these things. But I can tell you that between our staff and their staff that were present, I saw a very positive relationship. Mr. Bynum: Okay, because I thought, and I'm just going from memory, that we were going to try to avoid the decertification, so residents didn't have to purchase insurance. Apparently we weren't successful at doing that. Mr. Dill: Well, this is my familiarity with it and so I would say we were not successful. I don't know how you could have avoided it because it's just a fact that the existing levees do not meet the current requirements. Mr. Bynum: So are residents aware that they need to purchase flood insurance and do we know when that is going to happen? Mr. Dill: I don't have a firm date on when. I'll have to follow up on that with you. My understanding is that information, though, was shared with them at a community meeting that occurred last year some time. COUNCIL MEETING -46- June 1, 2011 Mr. Bynum: So once they finish the study, they're going to determine what we need to do to bring them to the current standards, correct? Mr. Dill: That's correct. Mr. Bynum: And the cost for bringing them to the current standards, is that also a 50/50 share? Mr. Dill: It's shared. I don't know the way the percentages work. So let me find that out too. Mr. Bynum: Because it could be quite a sizeable sum of money. Mr. Dill: You know, don't hold me to this, I believe that it's a 75% federal share on the design -build portion of it, but let me confirm that. Mr. Bynum: Okay, if you could follow up and if we have even ballpark figures, because as I recall, from talking that this could be a very substantial sum of money. Is that your understanding as well? Mr. Dill: Yes. Vice Chair Yukimura: Just a minute, I just want to make sure our staff follows up on that. We need to know what the cost share will be for construction, design and construction, right? Mr. Dill: Correct and we can probably get the percentages, but we won't have an idea of the dollars yet. Vice Chair Yukimura: Until the study's done. Mr. Dill: Correct. Vice Chair Yukimura: Okay. Mr. Bynum: Can I continue? Vice Chair Yukimura: Yes, please. Mr. Bynum: So bottom line is they're going to get decertified, then residents will have to buy flood insurance, but when they are repaired, they can get recertified and then the requirement for flood insurance will go away? Mr. Dill: Correct. Mr. Bynum: So it would be in our interest to try to move quickly on behalf of our residents? Mr. Dill: Yes. Mr. Bynum: So January 2012 they're saying the study will be ... yeah, the study's not even complete until January 2012? Mr. Dill: That's correct. COUNCIL MEETING -47- June 1, 2011 Mr. Bynum: So does that mean they won't require the flood insurance until after the study or those are not linked? Mr. Dill: I don't think that's linked because the redrawing the FIRM maps, I think, is a separate effort. Mr. Bynum: So the toe erosion issue, that was something that was identified, as you say, in 2008? Mr. Dill: Correct. Mr. Bynum: So it took quite a while to get an action plan? Mr. Dill: Yes and that action plan, it's the Corps' because since the Corps designed and built the levees, they assume responsibility for any problems that occur with the levee unless they are maintenance - related problems. This is not a maintenance - related problem. So because it's part of their "original work," they follow up and they take care of it and take the lead in addressing these sorts of problems. Mr. Bynum: federal project. Mr. Dill: Mr. Bynum: Mr. Dill: Mr. Bynum: coincidental that thi: ago, right? So they will do the construction? It will be a Correct. It will be what? A Corps project. A Corps project, not a county project. Correct. And then regarding the inspection, is it just happened on May 24th and 25th? That was just a few days Mr. Dill: They had scheduled this for quite a while in advance, right, correct. Mr. Bynum: So we didn't know this that they were going to find significant maintenance deficiency? That is news? Mr. Dill: It was news to me. Mr. Bynum: know from the annual I' Mr. Dill: think there are three minimally acceptable. acceptable. Is it news to the county, though? I mean, did we nspections that we had problems? Well, the last inspection, I believe we passed. I ratings. There is a failure, an acceptable and there's a And last year we did pass, I believe, with a minimally Vice Chair Yukimura: That should have been a red flag. Mr. Dill: Yes. Vice Chair Yukimura: Mr. Bynum, are you done? COUNCIL MEETING -- - 48 - June 1, 2011 Mr. Bynum: No, so we have to correct these maintenance issues because we're responsible for maintenance? Mr. Dill: That's correct, yes, right. Mr. Bynum: And again, if they are inactive that means if something bad happens it's all on us? Mr. Dill: Correct. Mr. Bynum: So it would behoove us to move quickly, right? Mr. Dill: Absolutely, yes. Mr. Bynum: And so if that entails additional funding, we would anticipate a money bill coming here? Mr. Dill: If that is required. I don't think that would be required. But if it's necessary, we'll be before you. That's right. Mr. Bynum: So you're anticipating my next question. So the maintenance issues, we feel are not major that are going to require... Mr. Dill: They're not major cost -wise, that's right. It's a lot of.. cost -wise, it's a lot of minor stuff. But adding up, they add up to a failure of the inspection. Mr. Bynum: So this review prompted really three separate issues to come forward. Mr. Dill: The inspection review? Mr. Bynum: Oh, no actually, I meant this review? You were already working on these things? Mr. Dill: Right. Mr. Bynum: You're just reporting to us. It didn't come about because we made this request. Mr. Dill: Correct, that's exactly right, yes. Mr. Bynum: Okay, I know I said that kind of awkward. It's not like council made a request and then you discovered these problems, right? Mr. Dill: Yes, these things were already in the works. On the maintenance inspection, that's correct, yes. We just find out about the maintenance problems May 24th and 25th. Mr. Bynum: So it is just coincidental that it's close to this request for review? Mr. Dill: Yes, right. Mr. Bynum: Okay, thank you. Thank you for answering all those questions. COUNCIL MEETING 49 June 1, 2011 Mr. Dill: Okay, you're welcome. Vice Chair Yukimura: Thank you, any other questions, councilmembers? Councilmember Nakamura? Ms. Nakamura: Thanks, Larry, for this very concise report and update. Mr. Dill: You're welcome. Ms. Nakamura: I wanted to ask you once ... the preliminary design is expected to be completed next January. And then based on that, you could do the design and build of the improvements. About how many years do you think that will take? Is that like another one or two years or longer to implement? Mr. Dill: I would be speculating. I can ask some questions. I'll have to get back to you on that. Ms. Nakamura: Okay, all right. And can you describe the nature of the maintenance deficiencies that were identified last week? Mr. Dill: Sure. A lot of the maintenance required is related to just keeping vegetation down. And there were areas that were not significantly cutback or cut down. There are some valves that weren't operating properly. There was corrosion that prevented them from operating properly. There was some erosion of the levees, not significant erosion, but some erosion on parts of the levee that we would have to restore the banks of the levees a little bit. There was a horse found grazing on one of the levees. That's not allowed. And that pretty much summarizes generally what the deficiencies were. We haven't gotten the written report yet. Ms. Nakamura: And what division within public works handles levee maintenance? Mr. Dill: That falls to the roads maintenance division. Ms. Nakamura: Roads maintenance. Mr. Dill: Yes. Ms. Nakamura: Okay. And do we know how many residents or properties might be impacted by this decision of the Army Corps of Engineers? Mr. Dill: No. Let me get back to you on that one, too. Ms. Nakamura: Okay. Do we need to notify them of the status of the levee? Mr. Dill: That would be appropriate. Again, there was a meeting that I wasn't at last year and I'm not sure what information was given to them at that time and the status hasn't changed since then. The next change in status would be at the point the FIRM maps would be redrawn by the Corps. And so we'll try to find out when that would happen and make sure we notify folks accordingly. COUNCIL MEETING - -50- June 1, 2011 Ms. Nakamura: Yeah, I think ... I'm not sure if they're rental properties or private owner - occupants, but some sort of notification might be appropriate. Mr. Dill: Okay. Ms. Nakamura: Thank you. Vice Chair Yukimura: Any other questions? Councilmember Rapozo? Mr. Rapozo: I have a question, Larry. You said the Hanapepe toe erosion issue will be covered by the Corps because they designed and built it? Mr. Dill: That's correct. Mr. Rapozo: But in the decertification issue, the Corps also designed and built the levee, right? Mr. Dill: That's correct. Mr. Rapozo: So why does the burden shift to us on that issue and not the toe erosion issue? Mr. Dill: That's a good question and I don't know the answer to that. The toe erosion perhaps is because it's a failure of its operation whereas the other one maybe is looked at differently by the Corps because there's a change in standards. But let me research that and get back to you. Mr. Rapozo: Okay and the 966 improvements, were those done by the Corps as well? Mr. Dill: I believe that's correct. Let me confirm that too, okay Mr. Rapozo: Okay, thank you. Vice Chair Yukimura: Any other questions? If not, my question is, Larry, if the cost - benefits analysis turns out to be not favorable, then what do we do? Mr. Dill: If it doesn't turn out to be favorable, then I imagine that the county would be required to fund any improvements if it wants to improve the capacity of those levees to convey the 100 -year storm with 3 feet of freeboard. Otherwise, I believe, the FIRM maps, again, will have been redrawn so those areas would be in a zone that would require flood insurance for properties and that would remain. Vice Chair Yukimura: Okay, so let's hope that the cost - benefit is favorable. I don't know what the new design requirements are or criteria are. But my other concern is the issues of global warming and the nature of disasters these days. Some people are saying that 100 -year storms are becoming 50 -year storms, that they're happening more frequently or storms of larger impact are happening more frequently. So I'm curious as to what the criteria are, the new criteria are of the Corps and whether they're reflecting that? COUNCIL MEETING -51- June 1, 2011 Mr. Dill: Well, the criteria I'm aware of that they use for these is the 100 -year storm and 3 feet of freeboard. Now how they determine 100 -year storm, how often they update the data, the hydrologic data, to support that, I couldn't tell you what they use, whatever current information that they have for 100 -year storm. Vice Chair Yukimura: But the requirement or the decertification issue is how old? Mr. Dill: I don't know. Vice Chair Yukimura: So we don't know when the first time was that the Corps raised this issue? Mr. Dill: No, I don't have that information. Vice Chair Yukimura: There must be some history in our files to tell us that. And then, similar to Councilmember Nakamura's concern, it appears now that we are being decertified by the Corps, which means that residents now need to have flood insurance? Mr. Dill: Correct. Vice Chair Yukimura: In this time of decertification, they need to have flood insurance, otherwise if some disaster happens in this period, they won't be covered? Mr. Dill: Yes, if they don't have flood insurance and they are damaged by a flood, then they will not be covered. Vice Chair Yukimura: Okay, whereas if we are certified and they are damaged by the flood, then are they ... is there some federal program that covers them, that doesn't cover them if we're decertified or is it just a matter of damage /no damage. Mr. Dill: They can buy flood insurance now because they are out of the flood area as shown on the FIRM maps. So if they purchase flood insurance now, it would be at reduced rates. So they can continue to acquire flood insurance at reduced rates until the FIRM map is redrawn to indicate that they are in a flood -prone area. Vice Chair Yukimura: And the FIRM maps will be redrawn once we either rebuild the wall to proper requirements or we say that it's not feasible to rebuild the wall and so then the FIRM maps are drawn to show that there won't be the kind of protection that we want to expect because the walls are not certified. Mr. Dill: We're actually anticipating two re- drawings of the FIRM maps, the Flood Insurance Rate Maps. One is in the process, as I understand, now. I don't know when it'll actually happen, and that will be to ... it's part of the decertification. Those homes that are not protected will be in the flood -prone area. So that's in the works, hasn't happened yet and I don't have a date on that. And when the levees are recertified because they've been rebuilt to convey the 100 -year storm with 3 feet of freeboard, then the FIRM maps will be redrawn again to take those areas back out of flood -prone area. COUNCIL MEETING -52- June 1, 2011 Vice Chair Yukimura: So that means that really they can't purchase flood insurance now until there's a redrawing of the maps that are based on the decertification. Mr. Dill: No, they can buy flood insurance anytime they like. So they can buy flood insurance and since they are not shown to be in the flood -prone area identified by a Flood Insurance Rate Map, they can buy it at a reduced rate. Vice Chair Yukimura: And then the question is has all of this information been given to all the residents? Mr. Dill: My understanding is it has at a community meeting last year that took place. Of course, I wasn't present. Vice Chair Yukimura: But not everybody who's affected would be at the community meeting? Mr. Dill: Probably true, right. Vice Chair Yukimura: So I guess what the method of communication is is a question. Whether we need to do mailouts to every tax key parcel that's within the floods and that may cost a considerable amount of money or whether there's another way of notifying residents? I don't know, even maybe our civil defense calling system could be put to use. But there is a question about how ... whether we're reaching all the people we need to reach. Mr. Dill: Right, yeah, and that's a good point, so we'll look into that. Vice Chair Yukimura: Okay, thank you. Councilmember Nakamura, you have a follow -up? Ms. Nakamura: Yeah and I think to add to Vice Chair Yukimura's comments, I think the message that needs to be conveyed, the length of time it will take to do the planning and the engineering, and then the final design, to get it recertified, we might want to be encouraging residents to look at flood insurance, since we have no guarantees that these levees will hold up. Mr. Dill: Ms. Nakamura: important. Mr. Dill: Vice Chair Yukimura: Chang? Right. So I think the message that we give is really Okay, thank you. Okay, any other questions? Councilmember Mr. Chang: Thank you, Vice Chair. Larry, thanks for being here. I wanted to ask you a couple of questions regarding the Hanapepe toe erosion. You mentioned the scheduled construction anticipated January 2012, but you said it's kind of being fast - tracked, if I heard correctly. Mr. Dill: Well, we're requesting that it be fast - tracked, yes. COUNCIL MEETING 53 June 1, 2011 Mr. Chang: Okay, so in regards to Hanapepe and also Waimea as part of the routine inspection, do we go upstream of these rivers? Do we clear debris? Would that be an idea based on... as much as we don't want to say anything, I guess today is officially the first day of the hurricane season and of course we want to celebrate summer, but winter is right around the corner. So I think maybe it's important to go upstream and see what's happening upstream because a lot of times you hear about the debris upstream that had it been cleared there might be a much more free flow going out in these critical times. Mr. Dill: Okay. Mr. Chang: So that might be something as part of an inspection to see what actually is going on upstream from the Hanapepe and Waimea Valleys in relations to these concerns with our levees. Mr. Dill: Okay, we can look into that. Thank you. Vice Chair Yukimura: Any other questions? Councilmember Bynum. Mr. Bynum: I wish we had a banker here because I think one of the ways people get informed is by their mortgage companies, the banks that hold the mortgage want to make sure that the... and I'm making some assumptions here. But there's not a requirement to buy flood insurance, it's just a wise thing to do if you own a property outright. If you have a mortgage, the mortgage company may require it, right, just like they require homeowners insurance. Mr. Dill: That's my understanding, yes. Mr. Bynum: But I hear that you're going to follow up on some of the questions. I heard about how we're informing residents and... Mr. Dill: Right. Mr. Bynum: I think we do have that responsibility. Mr. Dill: Absolutely, yes. Mr. Bynum: So I appreciate the follow -up. Mr. Dill: Okay. Vice Chair Yukimura: Thank you. Councilmember Kuali'i? Mr. Kuali`i: Just one quick thought. So also, perhaps, informing residents and homeowners through the property tax bills when they go out, notices. Mr. Dill: Thank you. Vice Chair Yukimura: I think that's an excellent possibility because we send out notices and if we can do it by tax key parcels, that might be the way to go. Any other questions of Mr. Dill? If not, thank you very much for this update. I'm going to ask you to take your seat and then perhaps there are comments from the audience. So the Chair now asks if there is anyone who wishes to testify? Elsie? COUNCIL MEETING -54- June 1, 2011 ELSIE GODBEY: questions. My name is Elsie Godbey. I just have a few Mr. Chang: Mrs. Godbey, excuse me, can you pull the mike a little down and closer. Thank you. Ms. Godbey: He just mentioned clearing debris upstream, and at one of the meetings, I think the meeting he was talking about, actually it was a meeting ... I don't know when now. It seems like two years rather than last year. But it was also for the 100 -year bridge and we had a bunch of community people from the valley come. And they expressed their concern about the levees. And at that time, a couple of them mentioned an island forming north, mauka of the swinging bridge and that island never used to be there. And we've mentioned that a couple of times and all the answers we get is oh, that's A &B, like they're responsible because they own the land. But, you know, it's hard for a community to complain to A &B. So I think it's up to our public works or Army Corps to mention it and to get A &B to clear it. Let's see, one thing about maintenance, if the department of roads are responsible for it, I know when we were on the main street program, that was years ago, we asked if we couldn't plant things on the levees and they said no, absolutely nothing. So every now and then we'd see the grass, weeds, whatever completely gone and just plain dirt. And if that doesn't cause erosion, I don't know what does. But when we were growing up, the banks of the river were covered with buffalo grass and we didn't have any problems. And in fact, the river water, I think, was clear because of the filtering from the buffalo grass and we had shrimp, `opae and `o°opu and little papio and all kinds of things that we could eat. Well, I have so many things here like why do they take so long because community people had seen the erosion. They've been wondering what's going to happen or who's going to come and fix it. So, anyway, I would like to know if you can't grow something on those banks rather than just completely using Roundup or whatever they're using. Vice Chair Yukimura: We can ask the county engineer and your three minutes are up. Can you summarize? Ms. Godbey: Oh, okay, I have to keep looking at this. Vice Chair Yukimura: You can come back if you remember. Ms. Godbey: Okay. Vice Chair Yukimura: And we haven't come back. Ms. Godbey: Also, we would like to have a community meeting. I think we were kind of promised to have a community meeting for the 100 -year old bridge and we would like to have the design of that bridge. And I think you would get a lot more community members from the valley come out if you do have a community meeting. Vice Chair Yukimura: Okay. Any questions of Mrs. Godbey? Councilmember Chang. Mr. Chang: Thank you. Mrs. Godbey, when you say the 100 -year bridge, .which bridge are you making reference oV COUNCIL MEETING -55- June 1, 2011 Ms. Godbey: The one we just celebrated. Mr. Chang: The Hanapepe Bridge. Ms. Godbey: Yeah. Mr. Chang: Okay, I'm sorry and your concern was... regarding the bridge? Ms. Godbey: Well, they said that we had to have a community meeting about that bridge to see the design of that bridge. And I've heard something that we're not having a meeting. Vice Chair Yukimura: Well, we can make that request. Ms. Godbey: But that would be a good time to have a community meeting with all of these points. Vice Chair Yukimura: You're talking about combining several of the subjects. Ms. Godbey; Because like you see, I'm the only one here. I think you'd get more people if you had a meeting in Hanapepe. Vice Chair Yukimura: Thank you very much. Other questions? Mr. Rapozo: Just one. Vice Chair Yukimura: Yes, go ahead. Were you done? Okay. Mr. Rapozo: I had a question about that island that you're talking about. Is that an island of debris? Ms. Godbey: No. Well, I haven't seen it, but what they're saying I it's an island, it's not debris. I guess it's erosion, dirt, soil. Mr. Rapozo: Just the dirt going into the stream. Ms. Godbey: I guess it built up and now there's an island. Mr. Rapozo: Okay and when did you report that? Ms. Godbey: Well, I heard about that about two years ago. I'm not really quite sure about that, but it was one of the meetings on the 100 - year -old bridge where we had the valley people come to the meeting. Mr. Rapozo: And it's mauka... Ms. Godbey: And they expressed that. Mr. Rapozo: Mauka of the swinging bridge. Ms. Godbey: Mauka, yeah. COUNCIL MEETING -56- June 1, 2011 Mr. Rapozo: Okay. Staff could take note with some of our requests that... Ms. Godbey: Yeah, if somebody could go and inspect that area. Mr. Rapozo: Okay, thank you. Ms. Godbey: Thank you. Vice Chair Yukimura: Thank you very much. Any further... anyone else wishing to speak? If not, I do have another question, Larry, if you could come up again. It is related to Mrs. Godbey's question. That idea that some vegetation would prevent erosion, but that too much vegetation would cause problems. I mean, I know you said that one of the maintenance deficiencies identified in the inspection issue was keeping vegetation down, so not letting it get out of control. But on the other hand, just a bare slope would seem to be also very vulnerable to erosion and I recall that we had something in the budget, in the CIP budget that we just passed that I thought it included plantings or some kind of a erosion control. Do you... Mr. Dill: Right, the Corps sets the criteria for how much and what kind of planting we can have on the levee. So in the areas where we have an armored riprap sort of a bank protected by stones, they don't want any sorts of plants growing at all. So we take everything out. We Roundup it and nothing's on there because it can serve to deteriorate that armor protection. But there are other areas where they like just to have a type of grass growing. And so in the budget what you saw was money to support planting and irrigating that to keep it maintained. Obviously, as was pointed out, in areas where it's just a grass slope, having vegetation on there will help protect it and keep it stable. Vice Chair Yukimura: Okay, thank you, that makes a lot of sense. It's not an issue ... well, in some cases where there's, you said rocks and riff raft... Mr. Dill: Riprap. Vice Chair Yukimura: Riprap, then no plants are desired or allowed under Corps regulations. Mr. Dill: Right. Vice Chair Yukimura: But in other places, proper kinds of grass or plantings are a help and I've just been shown our budget where Hanapepe and Waimea levees, in the budget that, I presume the mayor signed but not yet, okay, that passed was passed by this council last week was it, the 25th. There's a $150,000 for Hanapepe and Waimea levees planning and there's $500,000 for Hanapepe and Waimea levees. So some of that money will be used for erosion control. Mr. Dill: Correct. Vice Chair Yukimura: Okay, thank you. Any other questions of Mr. Dill? Thank you for that cla... oh, yes? COUNCIL MEETING -57- June 1, 2011 Mr. Dill: If I may, I'll just address the other point that was brought up about the island that grew by accretion in the stream. You may not recall, it was pointed out as A &B land. So we had to approach A &B, request their permission and we sent a right -of -entry for execution up to this body for approval and we will be moving to cut everything down on that land, so we'll get our conveyance back. So that's in the process. Vice Chair Yukimura: Thank you. Thank you very much. Any other questions? Mr. Chang: I just wanted to ask you, Vice Chair, did you say for the Hanapepe and Waimea levee planning? Vice Chair Yukimura: Yes, that's how it's written. Mr. Chang: Oh, okay, I think it's $300,000, not $500,000. Vice Chair Yukimura: No, it's $150,000. Mr. Dill: I believe... Mr. Chang: For the planning... Vice Chair Yukimura: And then for the levees alone it's half a million. Mr. Chang: I'm looking at an old one. I'm sorry. Vice Chair Yukimura: Okay, so the one that I cited is the one that we passed. All right, any other questions? If not, thank you very much. Is there anyone else who wishes to testify from the audience? If not, we're back to our council floor. There being no one else wishing to testify on this matter, the meeting was called back to order, and proceeded as follows: Vice Chair Yukimura: And I believe there's a motion to receive or is there a motion to receive? No, then the Chair would ask for a motion. Mr. Kuali`i moved to receive C 2011 -175 for the record, seconded by Ms. Nakamura. Vice Chair Yukimura: Moved and seconded to receive, any discussion? Councilmember Chang. Mr. Chang: Thank you, Vice Chair. I want to thank everybody for being here. I know the Godbeys were here from early this morning, but I just wanted to say I think it's important that we take this very, very seriously because if the Army Corps of Engineers indicate that the levees will fail the COE inspections and change to inactive status, that means the levees would not be eligible for Army Corps of Engineer supporting of funding. And I know from the past three years that I've been up to our nation's capitol, our delegation has been really keeping an eye on these Waimea and Hanapepe levees hugely as a priority for the Westside of the island of Kauai. So I just want to make sure that we keep this on top of our radar screen because a lot of the moneys that we have on the federal side, obviously, in COUNCIL MEETING -58- June 1, 2011 the past, was very helpfully watched by our lobbyist that we had in the past. So I wanted to make sure that we keep this on the screen so we can continue to get the funding that we'll need for the completion. And I think I understand what Mrs. Godbey was talking about upstream as far as islands are concerned because the rain will come around this way and then you get high high hills of the islands because... (Inaudible — gallery speaking) Vice Chair Yukimura: Okay, if you speak you have to come to the mike, but please finish, Mr. Chang. Mr. Chang: Okay, I think I understand what you're saying because I'm not familiar with Hanapepe Valley, but I know that same effect is actually happening in Waimea, upstream of Waimea Valley. So that's probably what's allegedly happening in Hanapepe Valley, upstream. It's actually things that I've seen up in Waimea Valley. I just wanted to make that point. Vice Chair Yukimura: Thank you. Any further discussion? Councilmember Rapozo? Mr. Rapozo: I'm assuming we're going to get some answers as to the number of people affected, residents in the area? Vice Chair Yukimura: We will have follow -up questions go to public works. Mr. Rapozo: Okay, my main concern is I don't know how much flood insurance costs for the people up there. I would assume it's not cheap and I guess I would concur with the mayor's request for an accelerated review by the Corps so that we can get on this because I think it is, it's long overdue as well. It's ironic that I think in `07 or `08 the county received an award for the Waimea levees, the maintenance projects on the Waimea levees. I don't know if, Larry, you're familiar, but I think it was '07 or maybe '08, a huge award because we took care of the Waimea levees so well. And it's ironic that the Hanapepe one is just falling apart. (Gallery): It's not falling apart. Mr. Rapozo: Well, it's falling apart to the community because they have to go out and pay more money. And I don't know how you put a cost and not you, I'm not saying you, Larry, but how we put a...what's a cost - benefit if it's not going to survive a 100 -year flood, then there's really no cost - benefit. It's got to be done, it's something we have to do. I don't know how you put a number on ... okay, there's only so many people living on the river, so then it's too expensive. I mean if it's not going to survive a 100 -year flood, then we need to make it survive the 100 -year flood. I know it's going to be expensive, but I appreciate your efforts now, giving it the attention it deserves, so thank you, Larry. Vice Chair Yukimura: Thank you, any further discussion? If not... oh, Councilmember Bynum? Mr. Bynum: Yeah, I wanted to acknowledge Councilmember Nakamura, who asked for this to be on, because what's clear to me is, and Larry agreed, we have a responsibility to communicate the implications of these things to COUNCIL MEETING -59- June 1, 2011 the citizens clearly. And the other and just my memory is that we're kind of stuck with the Corps of Engineers here. They do the investigation and say this isn't sufficient, but then we rely on them to get the design and that's why the mayor is saying come on, guys, come on. This affects real people. So it's a delicate kind of balancing act. But I am afraid that at some point this may mean significant cash outlay on the county and the sooner we know that, if we know that in January 2012, then we can start planning for next year's budget. So good luck with all that, guys. I know it's this balancing act and that relationship with the Corps is really important. I don't know what the current status is. Vice Chair Yukimura: Thank you. Councilmember Kuali`i. Mr. Kuah'i: This is just a quick point. So earlier it's primarily about the cost of insurance to the residents, yeah? So council member had said it would behoove us to move quickly as far as the county, but then I also heard that it's a Corps project. So in the negotiations over the construction, the rehabilitation or whatever it is, the repair, right upfront the county has to make sure that part of the agreement is that it be done as quickly as possible. And perhaps, there has to be some kind of incentive built in to make sure that it does happen quickly because we do have to minimize the cost of insurance to our residents. Thank you. Vice Chair Yukimura: And that is one thing that our lobbying group, our IGR and our lobbyist can do is I think if our U.S. Senators and representatives express interest and concern, the Corps may be more likely to respond. So that is one way to possibly try to move it faster. Any further discussion? Councilmember Bynum? Mr. Bynum: Just one point of clarification. There are really three issues here. The inspection issue is a new one. And they say in their report that the county intends to take corrective action by December of 2011. And by county standards that's lightning speed. So I think there is a... that is in what we can do. We're not relying on the Corps, as I understand it. Vice Chair Yukimura: I think the bright line is between maintenance and construction and the inspection. The third issue is a maintenance issue and I think I heard the county taking full responsibility for it. Mr. Bynum: impressive. Yes. And I think that timeline, I think, is Vice Chair Yukimura: We do appreciate the administration's attention to this matter. Thank you. Any further discussion? If not, all those in favor of receiving this communication, say aye? The motion to receive C 2011 -175 for the record was then put, and unanimously carried. Vice Chair Yukimura: Motion is carried, next item, please. Mr. Nakamura: Vice Chair, we're on page 2 of the council's agenda on communication C 2011 -177. C 2011 -177 Communication (05/06/2011) from Council Chair Furfaro, requesting the Administration's presence, to provide the Council with an update on the status of the Pono Kai Seawall and Moanakai Seawall projects. COUNCIL MEETING -60- June 1, 2011 Vice Chair Yukimura: The Chair will suspend the rules. Mr. Haigh? There being no objection, the rules were suspended. DOUGLAS HAIGH, Chief, Building Division: Good afternoon, Doug Haigh, Department of Public Works. I did submit a PowerPoint presentation to help us go through the status of the two projects. Vice Chair Yukimura: Does everyone have a copy? Mr. Haigh: I will take us through the PowerPoint and then Larry here will answer all the questions, no. He'll assist me. Vice Chair Yukimura: Okay, is there a hard copy or you just presenting it here. Mr. Haigh: I just presented electronic. Vice Chair Yukimura: Okay, there's no hard copy at this time. Mr. Haigh: So this afternoon we're reporting on the status of the Pono Kai Seawall and Moanakai Road Seawall. We'll start with the Pono Kai Seawall. Here's a picture of it. The next slide will give you the location, in- between the Waikaea Canal adjacent to and actually fronting part of Kapa`a Beach Park. The problems: At Pono Kai Seawall we observed and what occurred was erosion behind the wall, scouring at the north end of the wall, and settlement of the stones. Next slide. This shows you some of the erosion. The erosion, what happened, it appears from two different events: (1) high surf, high tide events, water from the ocean could come through the walls and pull out the fines. But we also noticed that from heavy rains, surface water coming from the Pono Kai Resort would travel down and pick up the fines and pull them out through the wall, and both events would cause erosion along the wall. Next slide. On the north end of the wall we actually have scouring, where it's erosion caused by the ocean, eating around the edge of the seawall and we call that scouring. Next slide. And then we've seen settlement of the stones, not a whole lot, but a little degree of that. And you can notice that by the cracks in the concrete cap. Next slide. Okay, so quite a few years ago we hired Oceanit Engineering to help us solve our problem. And they've come up with this design plan, and what we plan to do is install sheet piles mauka of the existing seawall and these will be fiberglass reinforced plastic sheet piles because this is an area of high erosion. Typically steel sheet piles have been the norm in the past, but we want to assure that we don't have to come back and replace sheet piles, deal with corroding sheet piles in the future. Then after we install the sheet piles, we will move the existing stones back and put them adjacent to the sheet piles so we're actually retreating from the existing line of the seawall and then we'll be using beach nourishment with sand that came from the Waikaea Canal dredging a couple of years ago. The Department of Land and Natural Resources dredged the Waikaea Canal. We were not able to immediately use that sand for beach nourishment as planned because we did not have the full permitting required. So that sand, we currently have stored at Kapa`a Baseyard and waiting for us to use it for beach nourishment. The preliminary estimate for this work is $1.5 million and we're hoping to be able to start construction in Winter 2012. COUNCIL MEETING -61- June 1, 2011 Next slide. This drawing here shows you the extent of the wall and the design, you can see where we're installing sheet pile fairly close to the bike path and that varies along the bike path. And then bringing the stones back and kind of reinforcing the toe of the sheet pile with the existing stones and what this drawing does not show is the beach nourishment. We'll actually be putting sand on top of those stones and on the sand. We're still in the permitting stages, so we don't know exactly how the beach nourishment will proceed. If you'll go to the next slide. The status of the project: We have completed the environmental assessment with a FONSI and the FONSI is a Finding of No Significant Impact. So we've completed that and published it. So it is in standing. We applied for an SMA Permit and Variance, and those have been issued. We've completed the preliminary design, and right now the federal and state department of health permits are pending. The federal permits are the 404 and possibly a Section 10 Permit. We filed one application and the U.S. Army Corps of Engineers determine which permit is appropriate. Since we are doing beach nourishment that did make the permit a little bit more complicated. We have to go for an individual permit. We filed for the permits, I believe, in December. We're hoping that the permit is imminent, but we don't know. And then the 401 Permit is the Department of Health clean water permit and that permit was filed, I believe, in January /February. It's still pending. Next slide. The challenges: The big challenge right now for the project is that the completion of the federal and state DOH permits, we can't schedule them. They work on them, but they don't give you any idea when they might be done. I had a very frustrating conversation with the Department of Health engineer, trying to get some indication: one month? three months? six months? a year? What is it? I can't tell you. We just work on them one at a time and when we get to them, we work on them. And it's just a challenge. They're challenged. They're on furloughs. They are short of staff. So they have their issues, their fellow bureaucracy, I understand their issues, but that's a challenge for us and for anybody doing work. When you can't get an idea of the scheduling, it makes it tough. So we're kind of in a limbo. We're optimistic that we will be receiving the permits in the next three to four months and we'll be able to proceed with construction. And then we will need to obtain easements for Pono Kai for the sheet piled 'tie backs. We don't anticipate a problem getting those easements. These improvements will actually be below grade and in the land between their property line and their structures, and so it shouldn't really impact their use of the property. And then of course the seawall is a benefit to them also because if we didn't build it, most likely they would be building one in the near future to protect their property. So they have been very cooperative throughout this entire process and all indications are that acquiring the easements won't be a problem, it's just that it's another step that we want to take, we'll have to take. Next slide. Moanakai Road Seawall Repairs. This is looking from the southern end. Actually this southern end of the seawall is in pretty good shape. Next slide. The location: It's along the southern to middle section of the Moanakai Road in Kapa`a Town. Next Slide: Problems: We have some damages to the concrete cap. We have decaying tree stumps in the structure. The structure was built around trees and some of the trees have died. So now we have pukas in the structure and this is primarily on the southern section. And then where we really have problems in the northern section of the wall, we have erosion at the top of the northern section and collapse of the wall at the northern section. COUNCIL MEETING -62- June 1, 2011 Next slide. This slide shows part of the southern section where we had a tree that used to be there, that's died and it shows some of the problem there. Next. And then here's another section where we have an existing tree that has died and we have to deal with repairing that portion of the wall. Next. This is showing some of the erosion on the northern section of the wall. Next slide. And this shows you a good picture of how the northern portion of the wall has pretty much failed and it's very interesting because we have a very steep seawall, which is not in the current design vocabulary with the Corps. Actually recent studies have been showing that there isn't a big difference in the beach erosion impact of the two different type of seawalls, but there was a period in the last ten years or so where the vertical ones were less advised. But it was a more sloped seawall that we had the failure with. Our vertical seawall has held together very well, but our sloped seawall has failed. Interesting observation why that's taken place? Exactly, I don't know. Go ahead, next slide. The Repairs: So we have spot repairs to the cap and decaying trees at the southern section of the structure and then we have to reconstruct the northern section of the structure. The preliminary estimate is $2 million. I am a little bit embarrassed here because when we did a budget with the mayor, I told him $1.5 million. We just got the preliminary estimate yesterday and the cost was more than I anticipated. Some of the problems we're finding out is that the stones of the wall that we're going to reconstruct, the stones are actually too large. So not only do we not get to use them, we're going to have to haul them off and pay for hauling them off and then also bring in additional smaller stones to reconstruct the wall. So that helped to drive up the cost. Estimated construction is Summer 2012. So we do have a budget situation, where currently we're budgeted at $1.5 million for construction and the preliminary estimate is at $2.0. We are not at a point now where we would ask for more funds. We need to proceed throughout... get farther along in the project and get more toward final design, and we'll have a better idea what the cost will be before going through that step at this point. Next slide. This kind of shows the wall where you can see that the top slide is the southern portion and then that bottom slide is the northern portion. You can see where it's showing the more sloped seawall on the northern portion. Next slide. This is a section of the repairs at the northern section of the seawall where we will be constructing a sloped seawall. Our shoulder will be a little narrower. So that's the construction we're currently planning. Next slide. On the status of the seawall, the engineering report was completed last fall. We had informal consultations with DLNR and then at that point determined that we had to do revisions because the design that was coming out of the engineering report did not address one of DLNR's main concerns is that we don't go more makai. The first design was actually pushing the wall further out makai of the existing wall, and DLNR feels very strongly we have to save the beaches we have. And Fuji Beach, this is in front of a very important beach for Kapa`a. My children learned how to swim there at Fuji Beach. So I understand and sensitive to the need to maintain that. So we're currently revising the engineering report. We've looked at different alternatives and just last week we had a telephone conversation with the engineers and went over the different alternatives and we selected the one that was shown in that last slide as the one to move forward with. So now that we're finalizing this engineering report, we're also finalizing the environmental assessment. And then all the permitting that's going to have to occur COUNCIL MEETING -63- June 1, 2011 happens after the environmental assessment. So we're hoping... actually today was the deadline for us to receive the final draft of the environmental assessment. Hopefully it's on my computer when I get back to the office, if not hopefully by the end of the week certainly. Next slide, please. Challenges: The design change impacted the environmental assessment work so we had to delay. We were hoping to have the environmental assessment done by this point, but it delayed the completion of that and numerous permits. This project is about as difficult as you can get for getting permits. We need a Special Management Area Permit and Variance. That's the first permit that we have to receive. We're going to need a Conservation District Use Permit. We're going to need a U.S. Army Corps of Engineers 404 or Section 10. Basically they're water quality permits for working within the ocean area. And then we're going to need the Department of Health 401, water quality and we'll also need a Department of Health NPDES, which is National Pollution Discharge ... I forget what they all... Mr. Dill: Elimination System. Mr. Haigh: Okay, thank you. And then we'll also need a coastal zone management clearance for this project also. Next slide. Okay, I missed one there. Basically, why I think the earlier slide I was saying that we're looking at construction in the summer of 2012 that's hopefully by then we'll be done hopefully by spring, a year from now, we'll be done with the permitting process and be able to move forward with construction. Vice Chair Yukimura: That's your conclusion? Mr. Haigh: That's my conclusion. Vice Chair Yukimura: Thank you. Any questions for Mr. Haigh? Councilmember Bynum. Mr. Bynum: Let's start with Pono Kai. So you're really close with Pono Kai, right? Mr. Haigh: Well... Mr. Bynum: The DOH permits. Mr. Haigh: As far as us being done with our work, we're really close. But waiting for the U.S. Army Corps and the Department of Health permits is an unknown. The Army Corps permit, we feel as though we're really close. We submitted the application. We met with them. We talked about it and then it's been three or four months. The person working on it has been off on vacation, there are various things, but supposedly we're getting close to that, completion of that. As far as the Department of Health permit, I can't give any estimate of when they will complete their process. Mr. Bynum: Okay, so it looks like this project's going to move mauka a few feet from where it is not. Mr. Haigh: That is correct. Mr. Bynum: And some areas be adjacent to the path. COUNCIL MEETING -64- June 1, 2011 Mr. Haigh: That is correct. Vice Chair Yukimura: You're talking about Moanakai? Mr. Haigh: Pono Kai. Mr. Bynum: Pono Kai. And so I know this question's going to come up about what year was the path put in there? Mr. Haigh: I don't remember. Mr. Bynum: You don't remember. I don't remember either. But it was like three or four years ago? Vice Chair Yukimura: At least. Mr. Haigh: At least. Mr. Bynum: So, it's possible that this work is going to impact the surface of the path? Mr. Haigh: It is possible. Mr. Bynum: And part of the construction would be any reconstruction of the path? Mr. Haigh: Either protect it or repair it. That would be the contractor's option. Mr. Bynum: Either way, right? Mr. Haigh: Correct. Mr. Bynum: But the cost of redoing the path as a percentage of the overall cost of the project, do you have a guesstimate about that? Mr. Haigh: I would only be speculating, but (inaudible) quite small. Mr. Bynum: there. Mr. Haigh: Mr. Bynum: to the... Mr. Haigh: Mr. Bynum: Mr. Haigh: Mr. Bynum: Because the path, in essence, is a 6" slab on grade Correct. Okay, so it may require railing where it's adjacent That is correct. It will or it may? That will be determined in final design. By the design? COUNCIL MEETING -65- June 1, 2011 Mr. Haigh: Correct. Mr. Bynum: Okay, so first choice would be contractor, try to protect the path, but if you have to remove this concrete, you to have replace it? Mr. Haigh: That is correct and also we need to get the final design on the tie backs and whether or not we'll need to cut the path to put in the tie backs. Mr. Bynum: What is a tie back? Mr. Haigh: Okay, the sheet pile is a vertical structure and then a tie back ties into that and pulls it back into the mounded side of the sheet pile, and holds it in place from moving makai. So the tie back will be on the mauka side of the sheet pile and typically it's a steel rod with a concrete ... it can be a steel rod going through and then anchoring into a concrete block. So it may be very possible that they'll just drill under the path and then build their concrete structure on the mauka side of the path.. We haven't gotten to that point in the design to know exactly which type of tie back they're recommending. Probably the contractor, we may leave some latitude for the contractor to select that as a construction methodology. Mr. Bynum: Right, but that ends up being below grade. Mr. Haigh: Yes. Mr. Bynum: (Inaudible) thing that you see when the project's done. Mr. Haigh: Correct. Mr. Bynum: And this is in relationship to both of these walls. The construction standards now are different than when these walls were built? Mr. Haigh: I'm not that knowledgeable of what the Corps construction standard was at that time when they were built. Mr. Bynum: Okay, so when you talked about the fines at Pono Kai, the fines meaning the small two pieces of sand and grit. Mr. Haigh: Basically what was missing is and what they do now, which they may not have done typically back then I'm not sure, I'm not an expert on seawalls, but the new one, the wall we're putting in, it has geofabric laid down which prevents the migration of the fines and then you provide fines and then you have different gradients of stones to stop those fines from migrating through the wall. Mr. Bynum: And part of these questions go back to when Oceanit was here because we have been discussing these walls for about five or six years. And Oceanit was saying when we construct it now, we don't allow these fines to move easily as they are and that's part of what undermining these structures to begin with. Mr. Haigh: Correct. Mr. Bynum: Thank you. COUNCIL MEETING -66- June 1, 2011 Vice Chair Yukimura: Thank you, other questions? Councilmember Rapozo? Mr. Rapozo: Doug, you said on the Moanakai wall, those rocks are going to have to be removed? Mr. Haigh: Some of the rocks are going to have to be removed. Mr. Rapozo: The larger rocks on the end? Mr. Haigh: Yeah. Mr. Rapozo: I don't think you were here when we had the Moanakai Road discussion, but I think Lenny was here. And he said that we would be able to use the same rocks. Mr. Haigh: That was our intent until I think it was Monday, a couple days ago they told me and I don't know if it was in our discussion last week or not. But they just in the last week they brought up the fact that the stones are too large. We never had an indication of that before. Mr. Rapozo: So does that affect the Moanakai Road plans, the construction of Moanakai being that now you're going to have some major construction to remove those big boulders? Mr. Haigh: We don't see it as a potential big problem. Basically you lift them out with your excavator and you put them into a dump truck. And so the dump truck fits on the road. So you're lifting it up and the dump truck backs in and you drop them in and then they haul them out. Mr. Rapozo: Okay. I remembered the Pono Kai we had the same discussion. It's not going to affect the path. We'll be able to fix the wall without damaging. And we're there again with Pono Kai talking about possibly having to fix the structure that we put in before we fix the wall and I just want to make sure that we think this through and make sure that we're not going to be constructing something that we're going to have to destroy later to fix the wall. Mr. Haigh: We appreciate your concern. We're well aware of it we also very much don't want to do work that is going to be destroyed shortly after we do the work. So we really do appreciate that concern and take it in great importance. Mr. Rapozo: Okay. Vice Chair Yukimura: Further questions? If not, I have two. First of all, thank you for your work on this. It has been several years now and the fact that we're coming close to some definite timetable or at least the projections are for next year is very encouraging. I want to say I'm really glad that we have been consulting with DLNR because they recently did a workshop publicly and then they also held a workshop with Councilmember Nakamura, myself and planning on the shoreline setback issues and they're really a wonderful resource. So it's good that you're consulting with them. Mr. Haigh: And with that too, I'd just like to mention that the Sea Grant Program and the two people we've had here, both Jim O'Connor and Tiffany, they've been extremely helpful in this process for us. And having that COUNCIL MEETING -67- June 1, 2011 program has really been ... because what happened was DLNR this last winter, we met with them in December to talk about it. They couldn't respond to us because they're so overworked on other items they couldn't get a formal response, so I was able to get Tiffany to help me because she's here and she generated the response and kind of finally... and then the Honolulu Office said, okay, we accept what she's saying. That's reasonable. And so it was able to get us over a hurdle. So hopefully they'll be able to get somebody to replace Tiffany shortly because that's a really important resource for Kauai. And our relations with DLNR are very important to us and we've been with them through a lot of projects. And we do want to work closely with them, have been with them through a lot of projects and want to work closely with them as before. Vice Chair Yukimura: It really is wonderful to see agencies working across jurisdictions to get work done. And then the other question I have is you're projecting the Moanakai wall to be done sooner than Pono Kai and yet you seem to have more permits for Pono Kai? Mr. Haigh: Okay, for me winter comes before summer. So when I say winter 2012, it's winter 2011 -2012. That's what I meant. Vice Chair Yukimura: Okay. Mr. Haigh: I'm sorry for the misunderstanding. Vice Chair Yukimura: That makes a lot more sense. Mr. Haigh: Okay, I apologize. Vice Chair Yukimura: Because your winter 2012 had me in November and December of 2012. Mr. Haigh: Because actually as of before yesterday, I had the ...it was going to be winter 2011, but then of course my consultant just sent me an updated schedule. Okay, let's make it a couple months later, so that's why. Vice Chair Yukimura: I see. So in fact the Pono Kai Wall is scheduled for work before the Moanakai. Mr. Haigh: Correct. It's way ahead. Vice Chair Yukimura: Yes. So it's looking like it's this winter of 2011 overlapping into 2012 January /February. Mr. Haigh: That is correct. Vice Chair Yukimura: And Moanakai is scheduled for summer of 2012. Mr. Haigh: Correct. Vice Chair Yukimura: Okay. Thank you for that clarification. Any other questions? If not, thank you very much, gentlemen. I want to open the schedule now for testimony from the public. I see Mr. Mickens and Mr. Sit. Glen, would you like to speak? COUNCIL MEETING -68- June 1, 2011 GLENN MICKENS: Thank you, JoAnn, for the record Glenn Mickens. I have a short testimony here. You have a copy of it. You may have read it. There seems to be some conflict with what we're hearing two times here. When these two projects were brought up several years ago, the experts, which were Sea Grant or whoever they were agreed that Moanakai Road was being undermined by ocean action, which has been shown here. And before it could have the projected bike path built along, the total problem had to be fixed. Now I find it interesting that our parks and recreation director recently told this council that the path along Moanakai Road could be built, as construction on the road would not affect the path. But if the total road were undermined as previous engineers seemed to indicate when they evaluated the problem and made their recommendation and needed replacement, wouldn't it be prudent to fix the road first and then build a path? Why this rush to ready, fire, aim? The Pono Kai Seawall was another project that the county spent many hours, as you remember, delving into. And to date I don't believe there's any resolution. I hear Doug's testimony, which I appreciate. Somebody questioned when the path was built? Mel and Shaylene went to Washington D.C., so Mel, I think you can answer that question. The boat channel was brought up as a possible factor causing the beach and seawall fronting Pono Kai to be washed away. But again, nothing other than police tape around the affected area has been done. And by estimates of what Doug has just said, it's going to take a while before anything if all these permits are put in place, which you or nobody has any way of knowing. I distinctly remember Councilmembers Rapozo and Iseri - Carvalho having to leave for Washington, D.C. and telling those responsible for building the bike path not to move forward with it until the seawall problem was mitigated as construction of the wall could destroy the path and would have to be rebuilt at the county's expense, which we're hearing more of right now. However, no one listened to that advice. The path was built and it could still be wrecked when the wall is repaired, which sounds probable. So why are we so intent on rushing to do projects without first looking at the big picture, finding out what unknown obstacles might impact the final result before starting the job. Anyway, these are my questions and again, I presume that money is going to be a big problem here, like Doug said, instead of $1.5, we're going up to $2 million, and we haven't even started construction yet. By the time they start construction on this thing and Doug seemed to kind of downplay the excavation. You put an excavator in there and take these big boulders out of the thing, that could wreck the whole road, Moanakai Road. Mr. Nakamura: Three minutes, Vice Chair. Vice Chair Yukimura: Thank you. Mr. Mickens: So anyway, that's my concerns. Thank you, JoAnn. Vice Chair Yukimura: Thank you very much, Mr. Mickens. I think there's a question here, which if you would allow us. Thank you. Councilmember Bynum. Mr. Bynum: So Glenn, first of all the $1.5!$2 million is the construction cost estimate. That's not money we've spent. And there'll be additional, right? You understand that, right? Mr. Mickens: Yeah, yeah. Mr. Bynum: So you would not have built the path at Moanakai? You would have left it out because we might hurt the concrete when... COUNCIL MEETING _ -69- _ June 1, 2011 Mr. Mickens: Mr. Bynum: Mr. Mickens: Well, the path hasn't been built at Moanakai yet. I meant Pono Kai. Oh, at Pono Kai? Mr. Bynum: I'm reading your testimony. So you're saying we should not have built the path. Mr. Mickens: Right Mr. Bynum: We should have waited until the wall was built. Mr. Mickens: Till it was mitigated. Till the wall was put up there and you finished any construction possibility because by our own estimate you're saying that hey, it is possible that path because you asked the question, how much would it cost And Doug said, minimal. I don't know what minimal will be by ripping that path out to do it again. Mr. Bynum: And so that's why one of the reasons I love the public record and this public process, you know we had this discussion four or five years ago, or however long it's been there, and Chip Fletcher from the University of Hawaii came and said, hey, you're going to have four or five years of use. Thousands of people are going to do this and your cost is a 6" slab on grade. This wall's going to cost $1.5 million. If they have to replace some concrete, that cost is minimal and we've had five or six years of public use. I'd invite you to come out to Lihi with me and walk that area any afternoon. Mr. Mickens: I've walked it, Tim. I've walked that path. (Inaudible.) Mr. Bynum: And see the hundreds of people who are using it every day. If we have to replace some concrete there, I think it's been well -worth it to have that use for the last four or five years. Would you agree with that? Mr. Mickens: Well, my only agreement is that hey, before you do a project, finish what has to be done before you do the final project. That seems to be our modus operandi of doing something, having to go back and redo it over. The Salt Pond was a great issue. On and on, we keep on doing the same thing. I'm just saying isn't it prudent? What is the rush? You're saying that people can walk along there that the one section of Pono Kai, thousands of people are walking along that path each day. What if it wasn't there? They'd be walking on the grass then, Tim? So what is the rush to... Mr. Bynum: Not everybody can walk on the grass, Glenn. Vice Chair Yukimura: Okay, I think... Mr. Bynum: Let me finish. Vice Chair Yukimura: A question, yeah, sure. Mr. Bynum: Just a final comment. Vice Chair Yukimura: All right. COUNCIL MEETING -70- June 1, 2011 Mr. Bynum: It's the same discussion we had five years ago. The people are saying, hey, we can do this now and have this use and if there are things we have to mitigate when we do the seawalls, they're going to be minor. So I'm going to go with that. I think Pono Kai has proved a point that even if we have to replace it, it's not that huge of an expense in the overall cost of that project to have to replace some concrete. Mr. Mickens: Well, you don't know and Doug doesn't know. You couldn't give us a figure. When you talk about minor, its... Mr. Bynum: Okay, we'll know in the long run, thanks. Vice Chair Yukimura: All right. I think ... yeah, thank you very much. Mr. Mickens: Thank you. Vice Chair Yukimura: Peter Sit. PETER SIT, General Manager, Pono Kai Resort: Good afternoon, for the record Peter Sit, General Manager, Pono Kai Resort. Thank you Vice Chair JoAnn, for allowing me to speak. I wanted to thank Doug throughout these past few years for assisting to fill the holes when we need to call them and especially today to update seawall fronting the Pono Kai Resort. We look forward to the project and offer any assistance needed from us. We only ask that the county keep us in the loop as far as timing of the project so that we can give advanced notice to our guests and owners, especially to our wholesalers. And if we're going to have construction, they'll need to know about it. I can entertain questioning. Vice Chair Yukimura: Thank you. Peter. Questions for Mr. Sit? Mr. Bynum: Peter, thank you for being here today and being patient. I know you were here this morning. Mr. Sit: Not at all. Mr. Bynum: Came back after lunch and I wanted to thank you for the cooperation that Pono Kai. So you think that's a good working relationship you have with the county? Mr. Sit: Absolutely. Mr. Bynum: So you don't have any complaints? Mr. Sit: No, never in record. Mr. Bynum: I'm sure completing this will be good for Pono Kai and for the public, right, to not have temporary fencing there for the last however long? Mr. Sit: We've been told this is going to be happening the last ... we waited for three years and to see the light at the end of the tunnel, we want it to be completed because that temporary screen/fence right now, the orange screen is an eyesore. COUNCIL MEETING -71- June 1, 2011 Mr. Bynum: I'm going to take a risk and ask this question. You've been at Pono Kai at ten years, right? Mr. Sit: Yes, I just made ten years today. Mr. Bynum: Congratulations. Vice Chair Yukimura: Today? Mr. Bynum: the path is an asset fi Mr. Sit: Mr. Bynum: Mr. Sit: community. So you've seen some changes. Overall, do you think )r both Pono Kai and the community? Absolutely. Thank you. It's a great asset to the property as well as the Vice Chair Yukimura: Thank you, other questions of Mr. Sit? I have one, Peter. Mr. Sit: Sure. Vice Chair Yukimura: The easements from Pono Kai are still pending so I'm assuming that there'll be full cooperation from Pono Kai for that. Mr. Sit: The last presentation we had with Donald is the B Building, which is closest to the seawall and they might have to intrude on the right of pathway. We're prepared to do anything to help the county to expedite this project. Vice Chair Yukimura: All right, very good, thank you. Mr. Sit: Thank you. Vice Chair Yukimura: Any other questions? If not, thank you very much. Is there anyone else who wishes to testify? If not, the meeting will come back to order here. There being no one else wishing to testify on this matter, the meeting was called back to order, and proceeded as follows: Vice Chair Yukimura: And I think there is a motion to receive. No? Then the Chair entertains a motion to receive. Mr. Chang moved to receive C 2011 -177 for the record, seconded by Mr. Kuali`i. Vice Chair Yukimura: Moved and seconded to receive. Any discussion? Councilmember Chang, then Rapozo. Mr. Chang: Thank you, Madame Chair. I wanted to just take this opportunity to echo you, to thank Peter Sit and Steven Pimentel for being here from early this morning. I know it's important to you folks. I've been on your property, hands -on, and I can tell you, as you know better than I do, hundreds and COUNCIL MEETING -72- June 1, 2011 hundreds and hundreds of your people, I mean how blessed they are to open their lanai door and they're right there on the path. And even Sunday mornings when you do those big orientation briefings, the first thing a lot of your owners do is they go straight to the path and get their exercise and they move up toward Kuna Bay, Kedha and what have you. So it's kind of nice because I know that many of your owners have become good friends with Kauai residents. And I also wanted to thank you for bringing it up to all of us how sensitive it is when we do, the county, plans to move ahead with construction that you folks could alert your wholesalers and alert your guests so they're prepared to ... with understanding realize that the improvements that we're making is for the betterment of all of Kauai. And I think it was witnessed by Mr. Raymond Blouin down at the Aloha Beach Resort. We recently just dedicated the Mayor Bryan J. Baptiste "Aloha Begins With Me" Bridge and I don't think a lot of people realize what the employees and guests of the Aloha Beach Resort, through what Raymond Blouin went through, so we want to make sure that we can prepare and support yourself, Peter Sit and Steven Pimentel and your employees and your guests, so it can at least be a pleasant experience because we know that that kind of work is just for the benefit of all of the eastern corridor, Pono Kai and all of Kauai. So again, thank you for your patience and your testimony. Thank you, Madame Chair. Vice Chair Yukimura: Thank you, Councilmember Chang. Councilmember Rapozo, did you... Mr. Rapozo: Thank you. I want to thank Doug for the update. It's good to see we're moving in the right direction. I don't know how much Pono Kai knew about the status, but I think it's important that everybody is kept abreast and they are. Pono Kai is kept in the loop, as far as that goes. I think my biggest problem with all of this is it shouldn't take five years to fix a seawall. It just shouldn't. You call it "temporary fencing." That's not temporary if it's there for five years. It's not and I would disagree with Mr. Bynum in the sense that it's just concrete. It's expensive concrete. Look at the cost of that bike path. It's not just concrete. It's going to cost some money. And I'm concerned that we'll repeat history and we'll go ahead and spend a lot of money on an asset that's going to be damaged when we fix the wall. I just think you fix the wall first and then you do the road. That just makes sense to me. But we're all of different opinions and I respect that. I just think that five years is way too long and I'm not sure when we started to aggressively go after fixing the seawall. I know Pono Kai has been around. I was there when Oceanit came. I was there when they did the inspection. I was actually speaking to the scientists themselves and it's a concern for me of Moanakai. And I'm just hoping that we can move as fast as we can to get the wall fixed before we do any improvements. I don't think a year is too long to wait to make sure we shore up the road before we go in and bring the equipment. Those boulders are big and it's going to take quite a bit of equipment to fix it. I'm happy that we're actually moving forward and hopefully in the next couple of years, the budget, I believe we have about $3 million in the budget this year for the two walls and provided we can stay within that budget, we should be okay. So thanks again to the administration for the presentation and we'll get updated as we go forward to make sure that this thing stays on track. Thank you. Vice Chair Yukimura: Thank you. Other comments? If not, I just want to say thank you to the administration for their persistent work on this matter. It's actually quite a complex job if you look at all the permits and the kind of issues that have to be addressed and given the complexity, I think four to five years is fast. So I appreciate the commitment to this work. And I think that five years of a bike path COUNCIL MEETING -73- June 1, 2011 was worth. putting the bike path in. I love that Councilmember Chang has noted that that bike path is a community building place where families and friends and others come and use this facility. Everywhere you look, when you're on the path, people are happy, and there are so many different modes of transport along the path, whether it's bikes or skateboards and community coming together, and not just residents but also visitors and residents. It's a really nice place. On the other hand, I think the questions raised by Mr. Mickens and Councilmember Rapozo about the timing of the two projects at Moanakai for the road and the wall, I failed to use the question time to ask about this, I hope that...I don't know the details, but to the extent that we can hold off on major construction, if Moanakai's wall is coming up within a year, it's something that I would request that the public works look at. I mean, maybe we put in certain things and then we don't put in other things and I'm not familiar enough with the details of the project. And then I also hope that ... I can't remember in detail what the analysis was about causing the erosion at Pono Kai. I do remember that there was some concern about the boat channel or about certain revetments and if that was the case, if there is a way to address that at some point, that would be important. But I may be mixing it up with further down the shoreline, where there's a revetment that's not needed. Anyway, if we can address the cause of the erosion, that's important to do too. But I am very pleased with the progress of these two very important projects for our community and I want to thank public works, in particular Mr. Haigh, for the good work. If there's no further discussion all those in favor of the motion to receive, say aye? The motion to receive C 2011 -177 for the record was then put, and unanimously carried. Vice Chair Yukimura: Motion is carried. Next item please and I think since Mr. Dill is here, we're going to building permits? Mr. Nakamura: Vice Chair, we're back on page 1 of the council's agenda on communication C 2011 -171. C 2011 -171 Communication (05/03/2011) from the County Engineer, transmitting for Council review, comment, and approval the Proposed Islandwide Resurfacing List for Fiscal Year 2011 -2012: Mr. Rapozo moved to approve C 2011 -171, seconded by Mr. Chang. Vice Chair Yukimura: Moved and seconded to approve. Are there any questions on the road resurfacing schedule and item? What is being circulated are answers to questions that Council Chair put forth at the last meeting when this item was deferred. Mr. Dill, perhaps, could you take the seat? We're just getting this. So you want to take a five - minute break to read it? Are we due for a ... okay, let's take a caption break because we just received this communication and it will give us a chance to look at it. Ten minutes. There being no objection, the meeting was recessed at 3:12 p.m. The meeting was called back to order at 3:20 p.m., and proceeded as follows: Vice Chair Yukimura: The council meeting is back to order. Mr. Dill, if we could have you step forward. Oh well, are there any questions of Mr. Dill? Maybe there are none? I'm crossing my fingers. No questions? Okay, if not then I will open it for testimony from the public. Is there anyone there who wishes to speak? Not really, Mr. Mickens? COUNCIL MEETING -74- June 1, 2011 There being no objection, the rules were suspended. GLENN MICKENS: Thank you, JoAnn, for the record Glenn Mickens. Yeah, I've been going at this, as I told you, for 17 years, JoAnn with not too much response until now. Larry came along and our new Chair has been good enough to keep this thing before us. Vice Chair Yukimura: Good. Mr. Mickens: Jay was good enough to give me. I haven't been able to read the response yet, but let me go through my testimony here. As my dear friend Ray Chuan used to say, for that viewing public more than for you councilmembers. Let's see if public works can clarify what's going on with Kahuna Road in the Kawaihau District. On the fiscal year 2009 -2010 list, which I have here and I think you guys probably have copies of it, it shows on page 1, two sections of Kahuna Road to be repaved. One section is 5500 feet long, a little over a mile, and 20 feet wide. The other section is 700 feet long and 14 feet wide. As I have previously pointed out, the public works county code book which this is the county code book, (inaudible) guys have seen this, it's got the code by which the county is supposed to do their work. It shows that no county road shall be less than 16 feet wide, even an agricultural road. That's on page 42 in this book. Thus, how can this section of Kahuna Road be repaved until it's made to proper width? Plus there are some other 14 -foot wide roads on this list, I believe about five, I went through the list, so the same question arises. Now we go to fiscal year 2011 -2012, which I'm sure this is the latest one that I think Larry gave us and you have copies of It was most recently given to you. This list also includes fiscal year 2009 -2010 as it says on the inside of it. And states at the top that highlighted are roads that are approved for resurfacing. Interestingly the only road highlighted on the six pages of roads to be resurfaced is Kahuna Road and the question is who made this approval whereas none of the other approximately 150 roads were approved? And on this list the 14 -foot section of Kahuna road was removed, but none of the other five were. Why? If you look at the 2009 -2010 list you'll see that Kahuna road, the 14 -foot wide section was on it, but on this other list you were given here where it's got included it is not on the list anymore. The bigger point I'm making is by what methodology are these roads being chosen? From my research they are not picked by condition of road and traffic usage, which they should be, but by political motivation and for me that's wrong. Again, Olohena Road is not on this list even though it is used by thousands of vehicles per day and is in dire need of resurfacing. Or if you want to see a 13 -foot wide county road with no sub -base, pavement not even % of an inch thick and in terrible shape, go look at upper Waipouli Road that I walk on every day. And finally, let me go over my other questions that Jay may not have touched on. And again, I'm sorry I haven't had a chance to read the list that Jay gave me. Where is the now for paving for paving and repaving of all 300 miles of our roads? Where is that being kept? Vice Chair Yukimura: Just to let you know three minutes is up. Mr. Mickens: Oh, can I go? Vice Chair Yukimura: Yes. Mr. Mickens: Thank you for another three. And does this data factually show when the road was first paved or repaved that that was done, and whether or not a proper sub -base was put down as Joe Rosa so well outlined, and what shape is it in now and who did the inspection. and when? (2) How were the COUNCIL MEETING -_75- June 1, 2011 roads to be resurfaced chosen on the list before you? How will they be chosen on future lists? I think that's extremely important. (3) Why are we using the accumulated budget method for paving and not the simple yearly system we used in the past? We now have an accumulated resurfacing list of $8,852,850.00, which appears to have no actual purpose other than to (for me anyway) to create confusion. (4) Will Larry assure us that in going forward HAPI standards will be followed in the paving of all our roads, which is to me extremely important. And will an inspector physically be present at job site to see that proper sub -base and overlay are correct. (5) Will our county make sure that all shoulders are back filled and graded to a level with the road – Tim's concern, which is not the job of contractor, unless you've changed the bid thing saying it's the contractor's job. Right now it's not the job of the contractor. It's the job of the county. And done shortly after the road is resurfaced, not months later or maybe never as some of our roads —if you would take a look at them —show. In closing, please let me once again thank Jay for keeping this issue on the agenda and with optimism going forward of having Larry Dill on board to address these long, ongoing problems that cost the taxpayers so much money. We're not talking about minuscule amounts of money. We're talking about millions of dollars and that's my biggest frustration over the years. Bringing this up to council after council, to engineering and everything else. Nobody wants to really jump on this issue. But again we're talking about millions of dollars. It's not a few thousand of dollars like Tim's talking about with the bike path or something. We're talking about big bucks. So anyway, these are my questions. I'll be happy to go back and look at it. If you have any questions, I would be happy to try and answer them for you. Vice Chair Yukimura: Thank you. There may be a question and I'm going to actually play the role of Chair Furfaro since he's not here. I just want to tell you that on your first point, the county code was for roads done prospectively and there were some roads that were grandfathered in. They were done before the code was in place and so that's why you have some roads that are below code. Mr. Mickens: But aren't they still county roads and had to be maintained to county standards? Vice Chair Yukimura: Yes. No, they don't have to be at county standards if they were grandfathered in, that is they were built before the code was in place. And then I want to tell you that for your first question on the back sheet of your sheet, once the MicroPaver program is procured and running with data input completed, then you will have, I think ... they'll be able to give us a condition of all the 300 roads, and some projections about how we're going to fix them. Mr. Mickens: Which is going to take how long? What was your guesstimate? Vice Chair Yukimura: Well, I think they said they're going to at least have a year to put everything in. Maybe it may take more time, but Glenn, you have to be happy that we're on the way to some rational system. And then on your third question, why aren't we doing a yearly system, I'm presuming that as we address the backlog... after we address the backlog, we'll go to a yearly system. And regarding the HAPI standards... Mr. Mickens: But why do we do it now, JoAnn. Why is it now that we've all of a sudden accumulated $8 million instead of giving... COUNCIL MEETING -76- June 1, 2011 Vice Chair Yukimura: five years or so. Mr. Mickens: Because we've been terribly negligent for the past We, who is we? Vice Chair Yukimura: We is the county and we don't need to go into that right now because it's done. It's water under the bridge. Mr. Mickens: Okay, okay, yeah, okay. Vice Chair Yukimura: And then for the HAPI standards, you'll be happy when you read the answers that were given to us today that that is addressed. And about making all the shoulders back filled and graded to level with the road at the time that the roads are being repaved, Ed Renaud said he would do that. So we're on our way and we really need to give them support and thanks. We're not there yet, but at last we have a public works department that is addressing this in a way that you've been begging for for years. So we need to compliment them and support them in their steps in the right direction. Mr. Mickens: And you people have to obviously come up with a huge budget to be able to accommodate Larry and what he's going to try and do because you're talking about $300,000 a mile to pave a road today. Vice Chair Yukimura: That is correct, but until we get everything in order in this MicroPaver system, we won't really know how much we need nor will we have assurance that the money will be used well. Mr. Mickens: But okay, then what are we doing at this stage of the game then until the MicroPaver System is maybe a year or two years or three years, what are we doing in the meantime? Vice Chair Yukimura: We are doing the best we can and I don't want to go into a dialogue right now because that's not the role. Mr. Mickens: Okay. Vice Chair Yukimura: Councilmember Bynum, anybody else, questions for Mr. Mickens? Thank you very much. Mr. Mickens: Thank you. Vice Chair Yukimura: Anybody else who wishes to testify? Mr. Taylor. KEN TAYLOR: Chair and Members of the Council, my name is Ken Taylor. I've said before that I think we're very lucky to have Larry in charge of public works at this time. I think he's got a heavy load ahead of him to work with, but I think he's started and I think that's a good thing for the community. I just recently was reading a report that came from the American Association of State Highway and Transportation Officers, and I noted a couple of paragraphs out of that report that I thought should be of interest for us to keep in mind as we move forward and I would read them. "A few cracks and potholes might not seem like the making of an impending budget crisis, but putting off repairs today means spending much more in the future. Repair costs raise exponentially when roads are not routinely maintained." According to the American Association of State Highway and Transportation officials, every dollar spent to keep a road in good condition avoids $6 to $14 needed later to rebuild the same road once it has deteriorated COUNCIL MEETING 77 June 1, 2011 significantly. Underfunding repairs and delaying these projects is inefficient and drives up future financial liabilities. Too much focus on expansion and too little on repair also means that with every dollar spent on a new construction, communities add to a system they are already failing to adequately maintain. And I thought these were some interesting comments because it sort of reminds me of what we've been doing here on Kauai. And I see in the capital improvement package, there's again additional road construction adding to a problem that we can't get our arms around at this point in time. So we're adding to a problem as we move along. So sometime back when we were discussing the amount of money that was available and how many lane miles could be dealt with under the current budget, and it was something like ten miles a year. Vice Chair Yukimura: Excuse me, your three minutes. Mr. Taylor: That's not going to cut it. So we really need to take a good look at what we're faced with and be realistic about it. Thank you. Vice Chair Yukimura: Thank you, any questions of Mr. Taylor? Mr. Taylor, I'd like to get a copy of that quote. It's very, very important that we not keep building roads without knowing how we're going to maintain them. And that every dollar spent in preventive maintenance prevents $14 to $16 in future... Mr. Taylor: $6 to $14. Vice Chair Yukimura: $6 to $14 in future costs. Mr. Taylor: Right. Vice Chair Yukimura: And that's why even when we have tight budgets, to not spend that one dollar is a huge liability in the future. Mr. Taylor: That's right. Vice Chair Yukimura: Thank you very much. Any questions? If not, anybody else wishes to testify? If not, we'll come back to order. There being no one else wishing to testify, the meeting was called back to order, and proceeded as follows: Vice Chair Yukimura: Is there a motion to approve? Was there a motion? ( ?): Yes. Vice Chair Yukimura: Okay, thank you. Discussion then. Mr. Bynum: I am very pleased we had this series of meetings talking about roads and I really do want to sincerely acknowledge Glenn for his many years of focus on roads. I don't necessarily agree with all of his concerns, but there's no question in my mind that his keeping our focus on this has led to the improvements that we're seeing over the last few months. And so Glenn, I agree with what JoAnn said. I'm pleased, I assume you are, too. It may not have gone all the way to your standards, but these gentlemen came up here and said we're going to fix the road base, we're going to address the sides, we're going to use the thermoplastic paving that's safer and more durable. They really have responded to the major concerns in just the last few months. And I think we're going to have an objective system of determining which roads need, that's unimpaired by political COUNCIL MEETING -78- June 1, 2011 intrusion. That's why as much as I agree with you that I want to see Olohena Road get paved up there, I'm going to leave it to these people's judgment and not be the councilmember who lives in Kapa`a that says pave my road, okay? So I'm really pleased and I hope you are, too, Glenn. Vice Chair Yukimura: Any further discussion? I just want to thank Mr. Dill, Mr. Tabata and your group that's working on this for your response and your good direction here. Any other discussion? If not, all those in favor of the motion to approve, say aye. The motion to approve C 2011 -171 was then put, and unanimously carried. Vice Chair Yukimura: Motion is carried. Next item, please? Mr. Nakamura: Vice Chair, we're on page 4 of the council's agenda on Resolution No. 2011 -61. RESOLUTION: Resolution No. 2011 -61, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Clyde Nakaya): Mr. Rapozo moved to adopt Resolution No. 2011 -61, seconded by Mr. Bynum. Vice Chair Yukimura: Moved and seconded to approve. Is there any discussion? Councilmember Chang. Mr. Chang: Thank you, Madame Chair. Yes, I just wanted to say it was earlier this morning that we interviewed our candidate, Mr. Clyde Nakaya, and I just want to say that I'm pleased to have him join as a volunteer, as all of our people volunteer for the boards. And as we were talking about the levees, Mr. Bynum was saying he wished that we had a banker in the house right now and I'm glad to hear that the water supply company does have a banker for fiscal responsibilities and for someone who can help really steer that committee. So I'm just happy to share our aloha to Mr. Nakaya. Thank you. Vice Chair Yukimura: Thank you. Any further discussion? If not, roll call, please? The motion to adopt Resolution No. 2011 -61 was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Kuali`i, Nakamura, TOTAL — 6, Rapozo, Yukimura AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: Furfaro TOTAL —1. Mr. Nakamura: Six ayes, Vice Chair. Vice Chair Yukimura: Thank you, motion is passed. Mr. Nakamura: Next matter is a Bill For Second Reading, Bill No. 2407, which is 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, be revising the project description of certain items contained in the bond fund. Your Committee on Public Safety and Environmental Services recommended receipt of this matter. COUNCIL MEETING . -79-- June 1, 2011 BILL FOR SECOND READING: 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: Mr. Kuali`i moved to receive Bill No. 2407 for the record on second and final reading, seconded by Mr. Bynum, and unanimously carried. Vice Chair Yukimura: Motion is carried. And I believe we're done with all the business in open session and we have an executive session scheduled. May we have the county attorney before us, please? Thank you very much, Mr. Dill. There being no objection, the rules were suspended. AMY ESAKI, First Deputy County Attorney: Hi, good afternoon, Amy Esaki for the County Attorney's Office. And I'm going to request that we go into executive session and this is for ES-488. EXECUTIVE SESSION: ES -488 Pursuant to Haw. Rev. Stat. sections 92 -4, 92 -5(4) and Kauai County Charter §3.07(E), the purposes of this executive session is to provide Council with a briefing on Amendment No. 1 to Settlement and Release Agreement between the County of Kauai and Title Guaranty Escrow Services, Inc. and Settlement and Release Agreement between the County of Kauai, Title Guaranty Escrow Services, Inc., Old Republic National Title Insurance Company and the Ordonez Parties for the County's claims arising from shared appreciation agreements applicable to an affordable housing unit 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. The meeting was called back to order, and proceeded as follows: Vice Chair Yukimura: Thank you. Mr. Bynum moved to convene in executive session, seconded by Mr. Rapozo, and unanimously carried. Vice Chair Yukimura: I think we've already voted, but go ahead. Mr. Chang: Correct, I was just going to ask for a fast minute of personal privilege, if I can. Vice Chair Yukimura: Oh certainly, so let me just say the motion is carried to go into executive session and Mr. Chang? Mr. Chang: Yes, thank you very much. Not Ching, Chang. Vice Chair Yukimura: I thought I said Chang. Mr. Chang: Yes, you did. I wanted to take this personal opportunity to thank you, Vice Chair, for taking over this meeting. As we all know and you stated earlier our Chair Furfaro is in San Francisco working on our bonds COUNCIL MEETING -80- June 1, 2011 and loans and what have you with our administration, so I just wanted to say thank you very much. Today was a very, very enjoyable under your leadership. So thank you very much. Vice Chair Yukimura: Well, thank you. I think it took all of us, so I want to thank all of you as well. Okay, so we're going into executive session. There being no objection, the meeting was recessed at 3:46 p.m. The meeting was called back to order at 4:53 p.m., and proceeded as follows: ADJOURNMENT. There being no further business, the meeting was adjourned at 4:53 p.m. /wa Respectfully submitted, PETER . N!MURA County Clerk