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HomeMy WebLinkAbout02-17-2010 Council Meeting Minutes COUNCIL MEETING February 17, 2010 The Council Meeting of the Council of the County of Kauai was called to order by the Council Chair at the Council Chambers, Historic County Building, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Wednesday, February 17, 2010 at 9:56 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang Honorable Jay Furfaro Honorable Daryl W. Kaneshiro (present at 10:20 a.m.) Honorable Lani T. Kawahara Honorable Bill "Kaipo" Asing, Council Chair EXCUSED: Honorable Derek S.K. Kawakami Chair Asing: Please note that Councilmember Kawakami is attending the state legislature and Councilmember Kaneshiro will be here shortly. With that can we have the first item please? PETER A. NAKAMUR.A, County Clerk: The first item is approval of the agenda. APPROVAL OF AGENDA: Mr. Furfaro moved for approval of the agenda as circulated, seconded by Ms. Kawahara, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next item is approval of the minutes of the following meetings of the council: MINUTES of the following meetings of the Council: Special Council Meeting of January 5, 2010 Public Hearing of January 6, 2010 re: Bill No. 2340 Special Council Meeting of January 21, 2010 Council Meeting of January 21, 2010 Public Hearing of January 21, 2010 re: Resolution No. 2009-71 Council Meeting of February 3, 2010 Public Hearing of February 3, 2010 re: Bills Nos. 2241, 2242, 2243, 2244, and 2245 Mr. Bynum moved for approval of the minutes as circulated, seconded by Mr. Chang, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Mr. Chair, at this time, there's been a request to take up, on page 7 of the council's agenda, Resolution No. 2010-27. COUNCIL MEETING -2- February 17, 2010 RESOLUTION: Resolution No. 2010-27, RESOLUTION ABANDONING ACCESS ROAD OFF LAUGHO ROAD, KALAHEO, KAUAI, AND AUTHORIZING THE LAND TRANSFER TO THE NATIONAL TROPICAL BOTANICAL GARDEN, KA.LAHEO, KAUAI, HAWAII Chair Asing: Thank you. Can I have a motion to approve? Mr. Furfaro moved to adopt Resolution No. 2010-27, seconded by Mr. Chang. Chair Asing: Any discussion? If not...go ahead, Councilmember Furfaro. Mr. Furfaro: Although I knew this was actually on the third page, I wasn't aware, recently, we were going to move it up to the first part of the agenda, but this is a small end of Lauoho Road that amounts to about 6,000 square feet that actually is at the end of the botanical gardens and it really was intended to be transferred to us for future use, but returned if there was no designated use. So I would strongly urge that we move forward to approve this transfer. Chair Asing: Thank you. Any further discussion, councilmembers? If not roll call. The motion to adopt Resolution No. 2010-27 was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kawahara, Asing TOTAL - 5, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kaneshiro, Kawakami TOTAL - 2. Chair Asing: With that, can we have the next item please. Mr. Nakamura: On the first page of the agenda, we have communications for receipt communication C 2010-10, communication C 2010-25, and communication C 2010-36. Chair Asing: Um... Mr. Nakamura: I'm sorry, Council Chair. These are communications for approval. First communication is C 2010-10 for approval. COMMUNICATIONS: C 2010-10 Communication (1212412009) from the Fire Chief, requesting Council approval to fiend the cost of the acquisition of a public use helicopter via a 10-year lease to be used to enhance and support search and rescue, firefighting, ocean safety, training and other services of the Kauai Fire Department and other departments in the County of Kauai: Mr. Chang moved to approve C 2010-10, seconded by Mr. Furfaro. Chair Asing: Thank you, with that, any discussion on that item? Mr. Furfaro: I...I have some discussion. COUNCIL MEETING -3- February 17, 2010 Chair Asing: Yes, go ahead. Mr. Furfaro: Mr. Chair, although this indicates that we will fund this for the remainder of this year, and then move towards a 10-year lease, I...I have not seen anything and I don't want to necessarily postpone this, but it-do we have an out? Do we have a termination clause into any period of the lease? I thought that was possibly a reasonable question to ask. Chair Asing: I would ...I would suggest that we put this to the end of the agenda. Mr. Furfaro: Okay and we can pursue that question. Chair Asing: Yeah. Mr. Furfaro: That's the only thing I (inaudible). Chair Asing: Thank you. Well, why don't we do this then, let's move this item to the end of the agenda and before we do that, I'd like to open it up to the public. Is there any... There being no objection, the rules were suspended. (Inaudible - voice from the gallery) Chair Asing: Hold on. Mr. Furfaro: You need to come up to the microphone. Chair Asing: Come up to the mike if you... Mr. Furfaro: And he's asking for public comment now, if you can follow what we're doing here. ROB ABREW: Well, normally what we do is the communications are received and they're discussed when the resolutions come up. But when Mr. Furfaro started discussing it, I didn't know if we were going to discuss it now or later. That's why I raised my hand. Chair Asing: Look, it is your prerogative on what you want to do. So I am opening up this to the public so that you may be able to speak on this item. Mr. Abrew: I'll wait till the resolution. Chair Asing: You're going to wait for the resolution. All right. Thank you. With that I'd like to call the meeting back to order. There being no one wishing to speak at this time, the meeting was called back to order, and proceeded as follows: Mr. Furfaro: Mr. Chair, I also want to point out, maybe the audience didn't quite follow this, this is a communication that we need to approve to receive, so therefore, that was the motion so. COUNCIL MEETING -4- February 17, 2010 Chair Asing: Okay, thank you. Anyway, this item will be moved to the end of the agenda for discussion... Mr. Furfaro: Thank you, Mr. Chair. Chair Asing: ...purposes. With that, can we have the next item please. I'm going to suggest that the next item, C 2010-25, I'd like to defer this item. So... C 2010-25 Communication (01120/2010) from the County Auditor, requesting Council approval of a 3-year lease term with an option to extend for 962 square feet of office space for the relocation of the Office of the County Auditor. Mar. Furfaro: Mr. Chair, I understand that there is an effort by the mayor's office looking for temporary accommodations for this office space... Chair Asing: Yes. Mr. Furfaro: ...as we speak, so your suggestion is to defer, and I would hope that eventually also we would understand what areas that we've earmarked for their permanent offices. Chair Asing: Yes. Mr. Furfaro: So that would be a move to defer and I will make that. Mr. Chang: Second it. Mr. Furfaro moved to defer C 2010-25, seconded by Mr. Chang, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next matter is for receipt, communication C 2010-36. C 2010-36 Communication (02/05/2010) from the Mayor, requesting Council consideration and confirmation of the following appointments and reappointments to various Boards and Commissions for the County of Kauai: (1) Building Board of Appeals Duane Curammeng - 1st complete term (Electrical Background) ending 12/31/2012 Glen Taba - 1st complete term (Building Background) ending 12/31/2012 (2) Charter Commission Joel Guy -1st complete term ending 12/31/2012 (3) Civil Service Commission Ryan de la Pena - 2nd complete term ending 12/3]12012 (4) Cost Control Commission Michelle Swartman - 2nd complete term ending 12/31/2012 COUNCIL MEETING -5- February 17, 2010 (5) Fire Commission Linda Ka`auwai-Iwamoto - 2nd complete term ending 12/31/2012 (6) Planning Commission Caven Raco - 2nd complete term ending 12/31/2012 (7) Police Commission Ernest Kanekoa - 1St complete term ending 12/31/2012 Mr. Chang moved to receive C 2010-36 for the record, seconded by Mr. Bynum, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: On page 2 of the council's agenda, communications for receipt C 2010-37, C 2010-38, and C 2010-39. C 2010-37 Statement of Condition of the County Treasury as of December 3, 2009: Mr. Chang moved to receive C 2010-37 for the record, seconded by Mr. Furfaro, and unanimously carried. C 2010-38 Communication (02/10/2010) from Councilmember Kawakami, providing the Council with written disclosure of a possible conflict of interest relating to Bill No. 2342, as he serves in various capacities in the HSK Corporation, a company which owns property in the project area, and is thus recused from any discussion, deliberation, etc., on Bill No. 2342: Mr. Chang moved to receive C 2010-38 for the record, seconded by Mr. Furfaro, and unanimously carried. C 2010-39 Communication (02/11/2010) from Council Chair Asing and Vice Chair Furfaro, requesting Council consideration of a draft bill appropriating $350,000 for the Black Pot Expansion Project (land acquisition): Mr. Chang moved to receive C 2010-39 for the record, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: At the bottom of page 2 of the council's agenda for approval is communication C 2010-40. C 2010-40 Communication (01/14/2010) from the Fire Chief, requesting Council approval to donate the Fire Department's ISI Self-Contained Breathing Apparatus (SCBA) to the State of Hawaii Airport Crash Fire as the Kauai Fire Department has recently acquired new Scott SCBA packs for the entire department through a federal grant: Mr. Chang moved to approve C 2010-40, seconded by Ms. Kawahara. Chair Asing: Any discussion? I'd like to suggest that we have the attorney's office work with the fire department to have the state provide indemnification for us. So with that... Mr. Furfaro: I'm sorry, Mr. Chair, I didn't quite catch. Were you asking that the state indemnify us on the trans... Chair Asing: Yes, yes. COUNCIL MEETING -6- February 17, 2010 Mr. Furfaro: Okay, very good, I had the same... Chair Asing: Okay, any discussion? If not, we have a motion to approve and we're asking that the attorney's office work together with the Fire Department to have the state indemnify us. What we don't want to have is we don't want them to use the equipment, have some failure, something go wrong, and then we are held liable. And that's the reason for asking for the state to indemnify us when we give a gift of this nature. So with that, any further discussion? If not, all those in favor of the approval, say aye. The motion to approve C 2010-40 and have the county attorney's office work on a provision for the state to indemnify the County of Kauai was then put, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: On the top of page 3 of the council's agenda, for approval, communication C 2010-41. C 2010-41 Communication (01/20/2010) from the Director of Housing, requesting Council approval to decline the repurchase of Unit No. 601 Hookena at Puhi, located at 2080 Manawalea Street, I.ihu`e, Hawaii 96766, and to issue the owners a one-year waiver of the County's repurchase right effective the date of the Council's decision, thus permitting market resale of the unit for a period of one year. Chair Asing: Can I have a motion to approve? Mr. Chang moved to approve C 2010-41, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next matter is a matter for receipt on page 3, communication C 2010-42. C 2010-42 Communication (01/27/2010) from the Chief of the Engineering Division, Department of Public Works, transmitting for Council approval a resolution for abandoning the access road off Lauoho Road, Koloa District, at TMK: 2-3-009:034, and authorizing the land transfer to the National Tropical Botanical Garden, Kaldheo, Kauai, Hawaii: Mr. Chang moved to receive C 2010-42 for the record, seconded by Mr. Bynum, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next matter for approval on page 3 of the council's agenda, on communications C 2010-43 and C 2010-44, Mr. Chair, there are executive sessions scheduled for these items, if we could move these to the end of the agenda? Chair Asing: Okay, if there is no opposition, we'll move it to the end of the agenda. Next item please. Mr. Nakamura: Next matter for receipt is communication C 20W-45. COUNCIL MEETING -7- February 17, 2010 C 2010-45 Communication (02/11/2010) from Council Chair Asing, requesting Council reconsideration of Bill No. 2336, Draft 3, relating to mobile electronic devices, which was unanimously approved at the February 3, 2010 Council meeting: Mr. Chang moved to receive C 2010-45 for the record, seconded by Mr. Bynum, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next matter for approval are legal documents, communication C 2010-46. LEGAL DOCUMENT: C 2010-46 Communication (01/15/2010) from the Director of Parks & Recreation, requesting Council approval to secure a shared-use path easement at the Kauai Shopping Village (TMK 4-4-3-08:14) in exchange for a parking and pedestrian access easement at Waipouli Drainage Canal. 1) Grant of Reciprocal Easements Agreement by and among Kauai Beautiful Island I, LLC; Kauai Beautiful Island II, LLC; Kauai Beautiful Island III, LLC; Kauai Beautiful Island IV, LLC; Kauai Beautiful Island VI, LLC and Kauai Beautiful Island VII, LLC, all Delaware limited liability companies, and the County of Kauai that the County shall convey to Kauai Beautiful Easement "P-1" (Waipouli Drainage Canal) for vehicular parking and access and for pedestrian access purposes, and that Kauai Beautiful shall convey to the County Easement "BP-1" (Kaua`i Shopping Village) for bicycle and pedestrian access purposes. Mr. Bynum: Move to approve. Mr. Chang: Second it. Chair Asing: Mr. Clerk, can we take the three items at once? Mr. Nakamura: Yes. Chair Asing: Why don't we do that. Mr. Nakamura: That was the first legal document. The second legal document on page 4 is a grant of easement. 2) Grant of Easement by and between the County of Kauai (grantor) and Kauai Beautiful Island I, LLC; Kauai Beautiful Island II, LLC; Kauai Beautiful Island III, LLC; Kauai Beautiful Island IV, LLC; Kauai Beautiful Island VI, LLC and Kauai Beautiful Island VII, LLC, all Delaware limited liability companies (grantee), granting a perpetual non-exclusive easement "P-1" for vehicular parking and access and for pedestrian access purposes (Tax Map Key No. (4) 4-3-008-013). Mr. Nakamura: And the third legal document is a grant of easement. COUNCIL MEETING -8- February 17, 2010 3) Grant of Easement by and between Kauai Beautiful Island I, LLC; Kauai Beautiful Island II, LLC; Kauai Beautiful Island III, LLC; Kauai Beautiful Island IV, LLC; Kauai Beautiful Island VI, LLC and Kauai Beautiful Island VII, LLC, all Delaware limited liability companies (grantor) and the County of Kauai (grantee), granting a perpetual non-exclusive easement "BP-1" for a public park, which shall contain a bicycle and pedestrian path and be part of the County's park system (Tax Map Key No. (4) 4-3-008-014). Chair Asing: Thank you, with that I'd like to have a motion to approve all three of the items. Mr. Bynum moved to approve all three legal documents attached to C 2010-46, seconded by Mr. Chang, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next legal document for approval is transmitted by communication C 2010-47. C 2010-47 Communication (01/28/2010) from the Director of Parks & Recreation, requesting Council approval of the Quitclaim Deed to secure a portion on Niulani Road and Ala Road (TMK: 4-3-009-054) for construction of a portion of the Lydgate-Kapa`a Bicycle/Pedestrian Path project. Quitclaim Deed: Grantor: BANK. OF HAWAII, a Hawaii corporation, successor by merger to Hawaiian Trust Company, Limited, as SUCCESSOR TRUSTEE under that certain inter vivos Trust Agreement executed by Lillian May Clayton Brewer, dated February 6, 1964, as amended. Grantee: COUNTY OF KAUAI, A POLITICAL SUBDIVISION OF THE STATE OF HAWAII Property Description: (Kauai) 4-3-009-054 Mr. Bynum moved to approve the legal document attached to C 2010-47, seconded by Mr. Chang, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next communication...legal document for approval is communication C 2010-48. C 2010-48 Communication (02/05/2010) from the Director of Housing, requesting Council approval to close the purchase of a 75-Acre Parcel in `Ele`ele, Kauai, Tax Map Key (4) 2-1-1:27, pursuant to the Disposition Agreement of November 19, 2009, between McBryde Sugar Company, Limited, and the County of Kauai, to include the following: (1) Approve closing the purchase of the 75-acre parcel and authorize the County Clerk to execute the Warranty Deed; • Warranty Deed With Restrictions and Covenants: McBryde Sugar Company, Limited, a Hawaii corporation (Grantor) and County of Kauai (Grantee), Property: Tax Map Key (4) 2-1- 041:027 (por.) COUNCIL MEETING -9- February 17, 2010 (2) Authorize the County Clerk to execute the License Agreement for the continued use of the property by McBryde Sugar Company, Limited, for agricultural purposes until the County needs possession of the property, or any portion thereof, for the purpose of providing affordable housing; • License Agreement by and between the County of Kauai (licensor) and McBryde Sugar Company, Limited (licensee) regarding the real property being portion of Tax Map Key No. (4) 2-1-01-27 (3) Authorize the County Clerk to execute the Assignment and Assumption Agreement and the Assignment and Release Agreement as acknowledgement that the County of Kauai has been notified that McBryde Sugar Company, Limited, is engaging in a section 1031 like-kind exchange. • Assignment and Assumption Agreement by and among (i) McBryde Sugar Company, Limited, a Hawaii corporation (Assignor); (ii) T.G. Exchange, Inc., a Hawaii corporation (Assignee); and (iii) the County of Kauai (Transferee) • Assignment and Release Agreement by and among (i) T.G. Exchange, Inc., a Hawaii corporation (Assignor); (ii) McBryde Sugar Company, Limited, a Hawaii corporation (Assignee); and (iii) the County of Kauai (Transferee) Chair Asing: Thank you, with that, can I have a motion to approve? Mr. Chang moved to approve the legal documents attached to C 2010-48, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next matter is a claim communication C 2010-49. CLAIM: C 2010-49 Communication from the County Clerk, transmitting a claim filed against the County of Kauai by Eric M. Wedemeyer for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai: Mr. Furfaro moved to refer C 2010-49 to the County Attorney's Office for disposition and/or report back to the Council. Chair Asing: Thank you. Can I have a second to that motion? Mr. Bynum: Second. Chair Asing: Thank you, any discussion? All those in favor say, aye. The motion to refer C 2010-49 to the County Attorney's Office for disposition and/or report back to the Council was seconded by Mr. Bynum, and then unanimously carried. COUNCIL MEETING -10- February 17, 2010 Chair Asing: Next item please. Mr. Nakamura: Next matters for approval are committee reports. From your committee on Budget & Finance, committee reports CR-B&F 2010-02, CR-B&F 2010-03, CR-B&F 2010-04, CR-B&F 2010-05. COMMITTEE REPORTS: BUDGET & FINANCE COMMITTEE REPORTS: A report (No. CR-B&F 2010-02) submitted by the Budget & Finance Committee, recommending that the following be approved: "C 2010-10 Communication (12/24/2009) from the Fire Chief, requesting Council approval to fund the cost of the acquisition of a public use helicopter via a 10-year lease to be used to enhance and support search and rescue, firefighting, ocean safety, training and other services of the Kauai Fire Department and other departments in the County of Kauai," Mr. Bynum moved for approval of the report, seconded by Mr. Chang, and unanimously carried. A report (No. CR-B&F 2010-03) submitted by the Budget & Finance Committee, recommending that the following be approved on second and final reading: "Bill No. 2345 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2009-690, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 20101 BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Acquisition of a Public Use Helicopter via a 10-year lease)," Mr. Bynum moved for approval of the report, seconded by Mr. Chang, and unanimously carried. (See later for Bill No. 2345) A report (No. CR-B&F 2010-04) submitted by the Budget & Finance Committee, recommending that the following be approved on second and final reading: "Bill No. 2343 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS AND REFUNDING CERTAIN BONDS OF THE COUNTY; FIXING OR AUTHORIZING THE F DUNG OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC," Mr. Bynum moved for approval of the report, seconded by Mr. Chang, and unanimously carried. (See later for Bill No. 2343) A report (No. CR-B&F 2010-05) submitted by the Budget & Finance Committee, recommending that the following be approved as amended on second and final reading. COUNCIL MEETING -11- February 17, 2010 "Bill No. 2344 - AN ORDINANCE AMENDING ORDINANCE NO. B- 2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR, JULY 1, 2009 TO JUNE 30, 2010, BY REVISING THE REVENUES AND APPROPRIATIONS IN THE BOND FUND AND THE GENERAL FUND (CIP}," Mr. Bynum moved for approval of the report, seconded by Mr. Chang, and unanimously carried. (See later for Bill No. 2344, Draft 1) Chair Asing: Next item please. Mr. Nakamura: From your committee on Public Works/Elderly Affairs, committee report CR-PWE 2010-04. PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE REPORT: A report (No. CR-PWE 2010-04) submitted by the Public Works/Elderly Affairs Committee, recommending that the following be approved as amended on second and final reading: "Bill No. 2341 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 21, ARTICLE 7, KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT," Mr. Bynum moved for approval of the report, seconded by Mr. Chang, and unanimously carried. (See later for Bill No. 2341, Draft 1) Chair Asing: Next item please. Mr. Nakamura: Next matters for approval are Resolutions. First resolution for approval is Resolution No. 2010-11. RESOLUTIONS: Resolution No. 2010-11, RESOLUTION AMENDING RESOLUTION NO. 2007-97 TO REPLACE AND CONFIRM THE APPOINTMENT OF A MAYORAL APPOINTEE TO THE SALARY COMMISSION (Sheri S. Kunioka-Volt, First Term, replacing Dawn Murata): Mr. Furfaro moved to adopt Resolution No. 2010-11, seconded by Ms. Kawahara. Chair Asing: Any discussion? Yes, go ahead, Councilmember Bynum. Mr. Bynum: Mr. Chair, thank you. I just wanted to take this opportunity to thank those folks that are stepping up to volunteer for the County of Kauai. I also want to acknowledge the Department of Boards and Commissions, which seem, to the best of my knowledge, to have resolved the issue about releasing to the public the portion of the applications that are appropriate to be released to the public and, you know, so I wanted to appreciate their responsiveness in creating a process by which it accomplished that goal. Thank you. Chair Asing: Thank you, any further discussion? If not, do we have a motion to approve the first one? COUNCIL MEETING -12- February 17, 2010 Mr. Nakamura: Roll call. Chair Asing: Okay, roll call please. The motion to adopt Resolution No. 2010-11 was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kawahara, Asing TOTAL - 5, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: K.aneshiro, Kawakami TOTAL - 2. Chair Asing: Next item please. Mr. Nakamura: On Resolution No. 2010-19, Mr. Chair, if we could get a motion to defer this pending interview? Resolution No. 2010-19, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Duane Curammeng): Mr. Furfaro moved to defer Resolution No. 2010-19 pending interview, seconded by Ms. Kawahara, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next resolution for approval is Resolution No. 2010-20. Resolution No. 2010-20, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Glen Taba): Mr. Furfaro moved for adoption of Resolution 2010-20, seconded by Mr. Chang. Chair Asing: Peter, where are you now? Mr. Nakamura: Resolution No. 2010-20. Mr. Furfaro: Glen Taba. Chair Asing: That's not to approve. Oh, okay, okay, any discussion? If not roll call please. The motion to adopt Resolution No. 2010-20 was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kawahara, Asing TOTAL - 5, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kaneshiro, Kawakami TOTAL - 2. Chair Asing: Next item please. Mr. Nakamura: Next resolution for approval is Resolution No. 2010-21. Resolution No. 2010-21, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Joel Guy): Mr. Furfaro moved to adopt Resolution No. 2010-21, seconded by Ms. Kawahara, and carried by the following vote: COUNCIL MEETING -13- February 17, 2010 FOR ADOPTION: Bynum, Chang, Furfaro, Kawahara, Asing TOTAL - 5, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kaneshiro, Kawakami TOTAL - 2. Chair Asing: Next item please. Mr. Nakamura: Next resolution on page 7 of the council's agenda, Resolution No. 2010-22, if we could get a motion to defer this pending the interview schedule? Resolution No. 2010-22, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Ryan de la Pena): Ms. Kawahara moved to defer Resolution No. 2010-22 pending interview, seconded by Mr. Chang, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next resolution for approval is Resolution No. 2010-23. Resolution No. 2010-23, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE COST CONTROL COMMISSION (Michelle Swartman): Mr. Furfaro moved to adopt Resolution No. 2010-23, seconded by Mr. Chang, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kawahara, Asing TOTAL - 5, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kaneshiro, Kawakami TOTAL - 2. Chair Asing: Next item please. Mr. Nakamura: Next resolution for approval is Resolution No. 2010-24. Resolution No. 2010-24, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE FIRE COMMISSION (Linda Ka`auwai-Iwamoto): Mr. Furfaro moved to adopt Resolution No. 2010-24, seconded by Ms. Kawahara, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kawahara, Asing TOTAL - 5, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kaneshiro, Kawakami. TOTAL - 2. Chair Asing: Next item please. Mr. Nakamura: Resolution No. 2010-25, Mr. Chair, if we could get a motion deferring this pending the interview? Resolution No. 2010-25, RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PLANNING COMMISSION (Caven Raco): Mr. Furfaro moved to defer Resolution No. 2010-25, seconded by Mr. Chang, and unanimously carried. Chair Asing; Next item please. COUNCIL MEETING -14- February 17, 2010 Mr. Nakamura: Next resolution for approval is Resolution No. 2010-26. Resolution No. 2010-26, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Ernest Kanekoa): Mr. Furfaro moved to adopt Resolution No. 2010-26, seconded by Mr. Chang, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kawahara, Asing TOTAL - 5, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kaneshiro, Kawakami TOTAL - 2. Chair Asing: Next item please. Mr. Nakamura: The next matters are Bills for First Reading, Mr. Chair. We have Proposed Draft Bill No. 2347. I believe... BILLS FOR FIRST READING: Proposed Draft Bill No. 2347 - A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B-2009-690, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUNI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010 BY REVISING THE OPERATING BUDGET OF THE OFFICE OF THE COUNTY AUDITOR IN THE GENERAL FUND Chair Asing: I'd like to have a deferral on that. Can I have a motion to defer, please? Mr. Chang moved to defer Proposed Draft Bill No. 2347, seconded by Mr. Furfaro, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Next matter, bill for first reading is Proposed Draft Bill No. 2349. Proposed Draft Bill No. 2349 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE SPECIAL TRUST FUND FOR PARKS & PLAYGROUNDS-HANALEI DISTRICT: Mr. Furfaro moved for passage of Proposed Draft Bill No. 2349 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for March 17, 2010, and that it thereafter be referred to the Budget & Finance Committee. Chair Asing: Thank you. Can I have a second to that? Mr. Bynum: Second. Chair Asing: Any discussion? If not, roll call. COUNCIL MEETING -15- February 17, 2010 The motion for passage of Proposed Draft Bill No. 2349, that it be ordered to print, that a public hearing thereon be scheduled for March 17, 2010, and that it thereafter be referred to the Budget & Finance Committee was seconded by Mr. Bynum, and carried by the following vote: FOR PASSAGE: Bynum, Chang, Furfaro, Kawahara, Asing TOTAL - 5, AGAINST PASSAGE: None TOTAL - 0, EXCUSED & NOT VOTING: Kaneshiro, Kawakami TOTAL - 2. Chair Asing: Next item please. Mr. Nakamura: Next matters are Bills for Second Reading. First bill for second reading is Bill No. 2341, Draft 1. (Mr. Kaneshiro was noted present at 10:20 a.m.) BILLS FOR SECOND READING: Bill No. 2341, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 21, ARTICLE 7, KAUAI COUNTY CODE 1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT: Mr. Bynum moved to adopt Bill No. 2341, Draft 1 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr. Furfaro, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Asing TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kawakami TOTAL -1. Chair Asing: Next item please. Mr. Nakamura: Next bill for second reading is Bill No. 2343. Bill No. 2343 - AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS AND REFUNDING CERTAIN BONDS OF THE COUNTY; FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC: Mr. Furfaro moved to adopt Bill No. 2343 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr. Kaneshiro. Chair Asing: Thank you. I believe we have an amendment? Mr. Nakamura: Next one. Mr. Kaneshiro: Next one. Chair Asing: Oh. Mr. Kaneshiro: 2344. Chair Asing: Okay, with that, any discussion? If not, roll call please. COUNCIL MEETING -16- February 17, 2010 The motion to adopt Bill No. 2343 on second and final reading, and that it be transmitted to the Mayor for his approval was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Asing TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kawakami TOTAL ---1. Chair Asing: Next item please. Mr. Nakamura: Next matter is a...next bill for second reading is Bill No. 2344, Draft 1. Bill No. 2344, Draft 1 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNT=Y OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 TO JUNE 30, 2010, BY REVISING THE REVENUES AND APPROPRIATIONS IN THE BOND FUND AND THE GENERAL FUND (CIP): Mr. Furfaro moved to adopt Bill No. 2344, Draft 1 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr. Kaneshiro. Mr. Kaneshiro: And I do have a floor amendment. Basically again, this amendment was just for corrections on the way...I guess we had some errors in numerical numbers. But this really is just to correct that. It's not changing any projects or anything. Chair Asing: It's a... Mr. Kaneshiro: It's just a numerical, technical number that we had to make some corrections on. So, if anyone needs this, we can pass it out. I saw some people in the chambers raising their hands, but it's basically a numerical correction or technical error when additions were made. Chair Asing: Thank you. Mr. Kaneshiro: So with that, I would like to have it amended. Chair Asing: Thank you. Can I have a second to that motion. Mr. Chang: Second it. Chair Asing: Any discussion on the amended version? If not, all those in favor say, aye. Mr. Kaneshiro moved to amend Bill No. 2344, as shown in the Floor Amendment attached hereto (Attachment No. 1), seconded by Mr. Chang, and unanimously carried. Chair Asing: We're back to the main motion as amended. Is there any further discussion on the main motion as amended? Mr. Kaneshiro: If I may? Chair Asing: Yes, go ahead. COUNCIL MEETING -17- February 17, 2010 Mr. Kaneshiro: I just wanted to add that members of the committee and all of us are finance committee members, but we did have good news yesterday. We got our bond float ratings from the three different companies, Fitch, Moody, and Standard & Poor, and I want you to know that, perhaps the administration will probably come out with a press release, but we went up. So, that's real good news for us. As you can see the many economic hardships that other counties are facing and the states are facing, for the County of Kauai to have a bond rating move from previous years up shows that, you know, that we've been doing some real prudent and I guess real good fiscal work. So I want to con-really thank my committee for that, all of you are my committee members, all seven of you, and I know I probably let the cat out of the box a little early, but I mean that is really good news. Because what now can happen is that we can go out, we can start floating our bonds. Because our ratings went up, we can probably get a few percentage points drop. So when you talk about millions of dollars, especially in a bond float issue of $120 million, any small percentage is a big amount of savings to the county and also to the department of water. So with that, I thank you all as members for being fiscally, responsibly, you know, fiscally responsible. Thank you. Chair Asing: Thank you. Any further discussion? Mr. Furfaro: Yes. Chair Asing: Councilmember Furfaro. Mr. Furfaro: I do want to say this. This is very, very good news as Councilman Kaneshiro shared with us. We will let the mayor announce what the actual rating would be, but the point here is we've moved up a notch. I think it reflects several years of the actions we have taken. We've made improvements in our audit, we have made sure our employees' funding benefits are in line, that we have managed the surplus, and the fact of the matter is we've all worked on this over the years, but in particular I want to say to Mr. Kaneshiro and all of us on his committee and the administration, that's excellent news. Thank you, Mr. Chair. Chair Asing: Thank you. Any further discussion? Councilmember Chang. Mr. Chang: Thank you, Chair. I'd like to thank our budget & finance chair, Mr. Kaneshiro. Thank you for working extremely hard and going up there to San Francisco along with Mr. Rezentes, Mr. Costa, and of course the mayor. That's very, very good news. I know that you guys worked really hard on it and thank you for giving the credit to the council, but I think we should certainly thank our budget & finance chair, Chair Kaneshiro, thank you very much. Chair Asing: Councilmember Bynum. Mr. Bynum: And I know this is a matter of us patting ourselves on the back, but it really is warranted because I've been on the council three years and last term, with leadership from the chair and from our then finance... budget & finance director Furfaro, we made tough decisions that other municipalities in Hawaii didn't, particularly fully funding our retirement obligations. So basically, you know, for the sake of the public, you know, it was really tempting to do what the other counties do and just fund those as they go, which would have meant a lot fewer dollars, but it would ...it was a bad decision for the future in that we would have been creating a situation for a future council somewhere down the line to have really cumbersome obligations on the...and impacts on the budget. And so, COUNCIL MEETING -18- February 17, 2010 it's ...you know, we swallowed hard, made that decision with the recommendation of the administration and, you know, took a different course than other counties and this is the payoff that will save the county, taxpayers and the water rate payers money right now. And the decisions we made will create (sic) us from having a fiscal time bomb in the future on those issues. So it's really good ...it is, you know, a good reason to pat ourselves on the back because we made those difficult decisions and it's having an immediate payoff. So, thanks to the leadership. Chair Asing: Thank you, any further discussion? Councilmember Kawahara. Ms. Kawahara: Thank you, Chair Asing. As a new councilmember I also wanted to thank our budget & finance chair and the current councilmembers and the previous councilmembers that worked so hard to get us in the position that we are now. And this is definitely excellent news because I'm understanding that we could be in much dire straits if we hadn't done ...if you hadn't done what you had done in previous years. So thank you to the current council and the previous council that made those difficult decisions because we're in a little better space now going into the budget coming up. Thank you. Chair Asing: Thank you. Any further discussion? Mr. Kaneshiro: Yeah, I just wanted to add that I really, you know, do take my hat off to the administration too. I mean the mayor being there, presenting, you know, the outlook, as the mayor was there and Wally Rezentes and Dave Spanski and also, you know, Mr. Costa, who talked about the economic conditions of the island and so forth. But I mean all of those efforts together working with the county council has, I think, been real fruitful and I think it was really impressive, especially if you're sitting there and you're making the presentations between... before these three companies that are known for ratings, to give credit ratings throughout the state and federal, counties and so forth, is that I think they were quite impressed at the way we worked together and came to points as to how we're going to achieve, you know, certain deficits and so forth. So I really need to thank the administration too and it was a really good experience for me. I have never been to making a presentation before, especially companies like Moody, Fitch, and, you know, you talk about Standard & Poor, and make presentations to let them know and see fiscally where we are, you know, is quite stressful. But at the same time, we're very pleased with the results and as I said, they, you know, ..if worse came to worst, if we held our credit rating the way we had, it would be great for us. But to hear that we went up a point or so, that the credit rating really went up, I mean it's fantastic news especially when you're sitting there and they're talking about all the ratings that have gone down and I mean you're talking about nationwide, you know, you're talking about big cities, Los Angeles, California, and all those places. So, you know, it's good news for us. I think so. We'll wait and I know the administration will, you know...I didn't want to take the opportunity and jump the gun, but since we're on the bond issue, and this is actually our last discussion on the bond issue as we go out to start selling the bonds, but in reality, it'll bring us better interest rates and at the same time savings to the people of Kauai. Chair Asing: Thank you. Any further discussion? Mr. Furfaro: Yes. Chair Asing: Councilmember Furfaro. COUNCIL MEETING -19- February 17, 2010 Mr. Furfaro: Thank you, Mr. Chair. I want to also acknowledge what Councilman Kaneshiro had mentioned. Leading up to this, yes, there's several years of work and so forth, but you know, the-at the end of the day, it is about the presentation and how you put, for lack of another term, the window dressing on the presentation. The presentation is very, very key and for the general public, you know the payoff is actually in the future. As we get a lower rate on the amounts that we borrowed, we actually have less of our future revenue going to actual debt service and that's where the future savings are. So, again, hats off on the presentation. I know it was a very big part of selling our goal of getting an improved rating. Thank you, Mr. Kaneshiro. Chair Asing: Thank you. Any further discussion? Ms. Kawahara: I forgot to thank the administration. Chair Asing: Yes, go ahead. Ms. Kawahara: I forgot to thank the administration. Mr. Kaneshiro: I did. Ms. Kawahara: Thank you. Thank you, administration and mayor's office. Mr. Furfaro: I referenced them when I was talking about the presentation. Ms. Kawahara: I forgot, though. Mr. Furfaro: So, it was done by the administration. Ms. Kawahara: I forgot, so thank you. Chair Asing: Thank you. With that, I'd just like to add that I want to, you know, also thank the mayor, the administration, and our budget chair. You know our budget chair Kaneshiro talked about the meetings that they held in San Francisco. I had the opportunity many years ago to attend one of those hearings and meetings, and it is stressful. What you're doing there is you are selling yourself and if you do not make a good presentation, then your chances of selling yourself may not prove fruitful. I can give you an example of one of the statements by one of the people that we made presentations to on the state of California. Because of the different kinds of laws that they've passed there, it was very difficult for them to get a good rating. It's not easy, but I just want to thank everybody for that presentation. Mr. Kaneshiro: Mr. Chair, if I may. Chair Asing: Yes, go ahead. Mr. Kaneshiro: I just wanted to add one more thing. You know, the rating system has really changed. Previously, before we had this economic downturn, even though you had a lower rating, you could go out and buy an insurance. You can go out, go buy an insurance to raise your rating up, and in some counties, you know, it makes sense, right, because you're floating millions and millions or even billions of dollars. So you buy an insurance to bring you at a higher COUNCIL MEETING -20- February 17, 2010 rating, even though you pay this much on the insurance, you'll probably save because you got a lower rating. But that is not existing anymore. That's gone. So it's all based on financial responsibility. And I just wanted to add and tell you a funny story on my experience is that when I went up there I didn't get the information from the administration that we had to be in a certain type of uniform. So I wasn't ready for that. I didn't bring with me an aloha shirt. I was supposed to have an aloha shirt and kukui nut lei. Fortunately for me, I borrowed from George Costa. It was a little larger, but I had to tuck it in and put a jacket over and make it look like it really fit. But we all dressed in Hawaiian attire and we were all dressed with a kukui nut lei as we made the presentation. So I think that was rather unique, so. But you know, for me it caught me a little off guard. I could have (inaudible) borrowed Dickie Chang's aloha shirt and that might have fit me perfect at that time. Chair Asing: Thank you. With that said, roll call please. The motion to adopt Bill No. 2344, Draft 1, as amended to Bill No. 2344, Draft 2, and that it be transmitted to the Mayor for his approval was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Asing TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kawakami TOTAL - 1. Chair Asing: With that, what I'd like to do is take a caption break now. We're in a caption break. There being no objection, the Chair recessed the meeting at 10:34 a.m. The meeting was called back to order at 10:48 a.m., and proceeded as follows: Chair Asing: The meeting is now called back to order. With that, Mr. Clerk, can we have the next item? Mr. Nakamura: Mr. Chair, before we hi...before the council entertains the next bill, Bill No. 2345 on second and final reading, I think we still have the communication from page 1, communication C 2010-10 for approval prior to passing this bill. So if at this time, the council could entertain communicatio approval of communication C 2010-10. C 2010-10 Communication (12124/2009) from the Fire Chief, requesting Council approval to fund the cost of the acquisition of a public use helicopter via a 10-year lease to be used to enhance and support search and rescue, firefighting, ocean safety, training and other services of the Kauai Fire Department and other departments in the County of Kauai: Mr. Furfaro moved to approve C 2010-10, seconded by Mr. Chang. Chair Asing: Thank you. What I'd like to do is suspend the rules now and is there anyone in the audience who wants to speak on communication C 2010-10? There being no objection, the rules were suspended. COUNCIL MEETING -21- February 17, 2010 Mr. Abrew: Aloha, Rob Abrew for the record. The council asked the fire chief to answer six questions and those six questions were answered. I just have a couple questions to think this totally through. When the words "we hope with proper maintenance," well if we're going to spend 2 million and we use words "we hope it's going to do this," to me that's not fiscal responsibility. My second question is has the county pursued putting out an RFP nationwide, putting some standards in and asking if there are any companies in this country that can provide us this service that meets FAA standards. I think that would be the prudent thing to do because I believe there are companies out there that would love to come put a base in Kauai, send their employees over here on a monthly basis, and we would have professional services. My third thing is if the county wants to go into the aviation business by having their own helicopter, the paperwork is unbelievable. If we have a hangar over at the airport, any person in the county that wants to visit that hangar has to get FAA approval to go on that tarmac because it's going to be on the tarmac. So in order to go through that gate, you have to have the FAA approval, if it's an FAA approved (inaudible). If we put it on the helicopter pad, then that's not the truth. The second thing, just doing a little calculations on page 1 of their pie chart, there's 32.5 instances between 2005 and June 2009. So as an average of four years, we're having 32 rescues per year or 32 needs for the helicopter per year. That cost ...for those four years that cost this county $550,000. If you divide that by four, the yearly cost is $137,693 with the way we're doing it now. Like I said, if we put an RFP out and ask for conditions, we might get that down cheaper without the county going into the liability issue. That's all my concern is. Let's think this thing out entirely, let's make sure we have the approval of the grants we're seeking or the funding we're seeking. Once all that's in place, then that's the proper time now to come and ask for money, once everything is approved and put in place and finalized to go ahead. Thank you. Chair Asing: Thank you. Is there anyone else who wants to speak on this item? If not, I'd like to call the meeting back to order. There being no one else wishing to speak on this item, the meeting was called back to order, and proceeded as follows: Chair Asing: We have a motion to approve. Is there any further discussion? Councilmember Furfaro. Mr. Furfaro: Thank you. Mr. Chair, I guess what I want to have them-because this is to approve their ability to begin negotiations on a lease and with the great news we had on our bond rating from Standard & Poor's, you know, the reality is in a few years, we could actually maybe purchase this equipment and so my focus is on making certain as they go into the lease negotiation if we approve this, the fact that they look at things like prepayment because we could come across CDBG moneys in future years, we could get grant money from FEMA, you know, those possibilities all exist. So I just wanted to make that point. You know, we can have further dialogue on this during budget time. Chair Asing: Thank you. Any further discussion? Councilmember Kaneshiro. COUNCIL MEETING -22- February 17, 2010 Mr. Kaneshiro: Yeah, I just wanted to add that I know we had a previous speaker, in fact the speaker just stated about, you know, we should look at other options and if we look at what the fire department did, you can go back to 2005 when they started doing studies on this. And it would show you that in order to get away from FAA regulations we would need a double-engine helicopter. Currently just for us to lease the helicopter that comes out of Pacific Missile Range because it's not a military helicopter, it's owned by a private company, costs us anywhere from $5,000 to $6,000 or even higher per hour. It's a double-engine helicopter. That would fit our requirements. But, you know, when we talk about rescue, when we talk about a double-engine helicopter going inside some crevices and some ...Wai`ale`ale or steep ...you know, real close areas like that, I think we might have a problem. And you know, to me, it seems like it'll be much more expensive to meet FAA requirements with a double-engine helicopter for us to be even able to train our personnel. What we're trying to do now is get this helicopter so we'll be able to train our people and I think that's the most important thing for me as I move forward and we go ahead and appropriate moneys like this. You know, we need to train our people to be able to do the rescue and work diligently with the helicopter or the pilots to be able to do the rescue. So, you know, I want people to understand that there's ways that we can get, you know, or have the FAA. approve a certain type of helicopter, but again, it's much, much more costly as a study has shown and if...I know the fire department has done several studies, the 2005 is one I can point out at and more recently, you know, they've hired some consultants to look into this, so at the same time I feel secure that as we move forward and move in this direction, there'll be better training for our rescue personnel and at the same time we'll be able to do safer rescues for people in need. So, with that, I'm supporting this bill and voting for approval. Chair Asing: Thank you. Any further discussion? Councilmember Bynum. Mr. Bynum: Thank you, Mr. Chair. This weekend the Garden Island did an opinion piece that I believe the title was "Good Idea, Bad Timing" and I want to say that that's right where I started with this. It's like good idea, but boy the timing is really bad for us in terms of our budget and to be honest, I looked for a way that we could continue our current practices and, you know, not make a serious fiscal commitment. But our fire chief is one of our outstanding department heads and he really does his homework. He's very transparent and responsive, and you know, we looked at this at every angle, and I came ...you know I learned some things that our current practices were less than acceptable to me in terms of the need, and so...but I looked, you know, every way I could to say, not now, you know. But I carne to the conclusion that the responsible decision, as difficult as it is, is to move into a situation where we have a dedicated public use helicopter, something that we're the only county that hasn't had and because public safety and I think almost everybody agrees, you know county is about public safety in roads and parks and in kind of that order. And, you know, it's just our obligation to make sure our firefighters are safe, that we have appropriate emergency response. I appreciate some of the concerns that I've heard in the community. You know, most recently and I may have, in some of the things I said, confused the case because I was interested about if we were going to make this big purchase, what other county needs could be met, particularly with the police department, and that may have come across that there will be some frivolous use of this facility and I feel very sure that that's not going to occur. It's not a toy to play with. It's a serious tool for public safety and there ...but there are some limited instances where other departments, when appropriate with the right kind of guidance from the fire department, could avail itself of that and it would be in the public's interest. So, COUNCIL MEETING -23- February 17, 2010 you know, I appreciate the Garden Island's situation or their opinion because it's kind of where I started with the process, but through doing the due diligence that I saw from the chief, from the other councilmembers, I've come to the conclusion that we really don't have an option, that the responsible thing to do is to move in this direction. So I also will be supporting this. Thank you. Chair Asing: Thank you. Councilmember Kawahara, did you have a comment? Ms. Kawahara: Yes, thank you, Council Chair. I will be supporting this also for many of the reasons that have been brought up by Councilmembers Kaneshiro and Bynum. But I too had a little bit of a struggle with it, but our fire chief is one of the best department heads that we have. He does his homework, he is prepared to answer all questions that anybody ever has on any of the projects that he brings forward to us. He is more than forthcoming and the reports that he did present us and all of the information that he gave us pretty much showed me that what we've been doing up to this point has literally been ...and excuse the pun, but we've been winging it. If we want to be a pro...have a professional rescue... rescue team... professional rescue department... if we as a county are going to perform at a level that a county is supposed to perform at, and that our community and visitors and everybody that comes here is to expect, this is an investment that we do have to make. It is a lease investment and it is to end up in a purchase. So, with the business minds at the table and all the people that we've discussed this with, I believe that all the options have been gone over and it's a necessary choice that has to be made because we have been operating on a less than optimal basis in many regards, and having this equipment is critical. Thank you. Chair Asing: Thank you. Any further discussion? Councilmember Chang. Mr. Chang: I just want to say that I am in full support. I think like every-hello... (2): It's on. Mr. Chang: I think ...I know that I am in full support. It was very interesting. I think a big part of the topic of discussion was the ability, if we are going to be able to hold onto any of our transient vacation taxes. But I am actually pretty blessed to be living next door to one of our fire and rescue, so I got firsthand some of the pretty hairy stories, the psychological stories and I think the article that Mr. Bynum makes reference to, there was...I think it was dated February 13th. But the whole page, the front page was covered with helicopter issue, helicopter issue, helicopter issue and I think one of the quotes that Chief Westerman said was, you know, it's basically the last straw. It was the last straw to say that we gotta do something and it is for the safety of our first and foremost, our fire rescue team, our...safety of our people, and I had a very interesting conversation. There is a very popular surf spot on the island of Maui known as jaws and jaws is a big, big, big, huge wave, and one of our residents Laird Hamilton told me that he, his body, his shoulders, his legs and everything was pretty much beat up, but there were about seven, eight, nine, maybe upwards to about a dozen jet skis on the rocks. They lost control, beat up, too much wave action, and he told me that he...he went and towed in with David Kalama, they were partners. And he said he COUNCIL MEETING -24- February 17, 2010 would never go out with anybody except David Kalama. And I think that's the relationship that we have to get with our pilots and with our firefighters. There's this continuity with trust with one another that you trust them. And of course you could go out and ask other people to come out and bid, but if you don't have what is referred to many times as local knowledge with the winds, the trades, the clouds, the variations about different things, how the winds and the currents push within the caverns and canyons. It's long overdue and I think it's going to be a great thing for this island of Kauai and in many, many cases, you know, Councilmember Kaneshiro mentioned when he was there in Waimea Canyon and saw the people rescued, you know, seconds and minutes seem like hours and days. So it's long overdue and it's something that we definitely need to get our people trained and get them in...coordinates with the rest of our state. Thank you. Chair Asing: Thank you. Any further discussion? If not, Councilmember Kaneshiro. Mr. Kaneshiro: Yeah, I just wanted to add that, you know, I think this would allow us to be able to go forward in pursuing grants from Homeland Security and other areas such as CDBG; it's always played important part for us. And you know, we started this off:..if you think about it, if we're going to just think and not think out of the box, we wouldn't have all these fire engines and fire stations in every place, on every ...you know, almost in every major town because you don't have a fire every day. At the same time, you know, we put our resources to the best uses that we can and we went out and we secured grants. We secured grants for fire trucks, we secured grants for fire apparatus, so I think this is a new step on how we've been able to do that. And I think, you know, we need to think out of the box a little bit. Sure we don't have a rescue every day, but let me tell you if it's your brother or your sister that needs to be rescued or your mother or your father or your grandfather, you'll really appreciate that one time we have good trained personnel, we have good rescue personnel, and a helicopter pilot and personnel that know what they're doing. So, you know, that's what the whole difference is about. But again, I feel confident, you know, in the years that I've worked with CDBG, Homeland Security funds and so forth that we strive and work towards that, we can get some funding. So, at least that will help us reduce the cost overall and if worse comes to worst, the main part is that we got our personnel and our fire people trained to do the job. Chair Asing: Thank you. Any further discussion? If not, I just have a few comments. I will be supporting this with reservations. I guess, the timing issue is a big major issue for me. I do have reservations. I made that statement earlier when we were in the committee meeting. I would have wanted the third option of the presentation by Mr. Myers further evaluated. There was no column that I could look at to make a determination as to whether his proposal needed further study and maybe we should have looked at that closer, but I will be supporting it with reservations. So with that, can I have roll call please. Oh, we're on the communication. All those in favor say, aye. The motion to approve C 2010-10 was then put, and unanimously carried. Chair Asing: With that, next item please. Mr. Nakamura: We're back on page 8 of the council's agenda, under bills for second reading, Mr. Chair. This is Bill No. 2345. COUNCIL MEETING -25- February 17, 2010 Bill No. 2345 - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2009-690, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Acquisition of a Public Use Helicopter via a 10-year lease): Mr. Kaneshiro moved to approve Bill No. 2345 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr. Furfaro. Chair Asing: Any discussion? If not, again I'll say I will be supporting this with reservations. With that roll call please. The motion to adopt Bill No. 2345 on second and final reading, and that it be transmitted to the Mayor for his approval was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Asing TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kawakami TOTAL -1. Mr. Nakamura: Next matter is a Bill for Reconsideration, Bill No. 2336, Draft 3. BILL FOR RECONSIDERATION: Bill No. 2336, Draft 3 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE 20, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE TRAFFIC CODE Chair Asing: Thank you. Can I have a motion to reconsider? Mr. Chang: Move to reconsider. Chair Asing: Can I have a second? Mr. Furfaro: Second. Mr. Chang moved to reconsider Bill No. 2336, Draft 3, seconded by Mr. Furfaro. Chair Asing: Thank you. All those in favor say, aye. Any discussion first? If not, all those in... Ms. Kawahara: Actually... Chair Asing: Yes, go ahead. Ms. Kawahara: Yes, I did want to know what the...what the amendments were-coming from and why were they being made. That's all. Chair Asing. Oh, okay. Do we have the amendments? Mr. Chang: I believe the amendments have been circulated. COUNCIL MEETING -26- February 17, 2010 Ms. Kawahara: M-m-hm and is there some discussion on how these came about? Chair Asing: Yes. Mr. Furfaro: This is Mr. Chang's amendment and (inaudible)... Chair Asing: Well, let me do it this way. Yes, the administration had some concerns regarding this and they had some concerns regarding the language. It was not clear enough for them and they wanted to have more clarification and have what they thought would be clearer language so that is really the only reason for the amendment. Ms. Kawahara: Okay. Chair Asing: I can tell you for myself I felt comfortable because I will give you an example and the example that I use is that I've been, you know, associated with basketball officiating for years and years, many years and what you will find is and we use the term game law in basketball officiating, and you will find many times that you take a rule or in this case a law, and you look into an area where you feel that's where it is, it's described in that area. But there are many times it is not in that area. It is covered, but it is covered in another area in the rule. In this case here, this law that we're passing now gives the exemption in another area. So if you look in that area, you will find it. And so they wanted clarification and that's the reason for it, so I agree that-with the clarification. So with that, we have a motion and to bring it onto the floor, we need the motion to be passed first on the reconsideration. So let's have a vote on that. So, all those in favor say, aye. The motion to reconsider Bill No. 2336, Draft 3, was then put, and unanimously carried. Chair Asing: Okay, we now have the item on the agenda and with that, can I have a motion to approve so we can discuss? Mr. Chang moved to approve Bill No. 2336, Draft 3, seconded by Mr. Bynum. Chair Asing: Okay, now we can discuss. Let's do the amendment first, okay, move to amend. Can I have a motion to amend? Mr. Bynum: So moved. Chair Asing: Can I have a second? Mr. Furfaro: Second. Mr. Bynum moved to amend Bill No. 2336, Draft 3, as shown in the Floor Amendment attached hereto (Attachment No. 2), seconded by Mr. Furfaro. Chair Asing: Okay, we're on the amendment, now the discussion on the amendment. Go ahead, Councilmember Bynum. Mr. Bynum: I just want to confirm with staff the highlighted section of this amendment is the new language, and that's correct and... COUNCIL MEETING -27- February 17, 2010 Mr. Furfaro: (Inaudible.) I see that as language that was in the lower section defining what could be used and it was moved into the definition part. Am I correct? Chair Asing: Councilmembers, if it helps you, we can have the county attorney up. Would you... Mr. Furfaro: I'd like ...I would like him to come up. I just want to make sure we didn't add, we moved it. Ms. Kawahara: Yeah, I want to... Chair Asing: Yeah, okay. If it helps, can we have the county attorney. There being no objection, the rules were suspended. Chair Asing: For councilmembers, the county attorney's office worked on this amendment. Mr. Furfaro: Thank you, Mr. Chair. Chair Asing: So with that, we have the county attorney up. Yes. Councilmember Furfaro, you have a...some questions for the county attorney? Mr. Furfaro: Yeah, I just wanted to get some clarity. Actually, it was Mr. Brynum's question, rather than being added, we just moved this and I'm going to read what we moved "a two-way radio or Private Land Mobile Radio System as defined by Title 47 of the Code of Federal Regulations, Part 90, when used for business purposes, shall not be considered to be a mobile electric device... electronic device." That's now moved in the definitions. JUSTIN KOLLAR, Deputy County Attorney: Correct. Chair Asing: For the record, your name so that we have the captioner in Honolulu that can pick it up. Mr. Kollar: My name's Justin Kollar, deputy county attorney. Chair Asing: Thank you. Mr. Furfaro: Welcome. Mr. Kollar: Thank you, Council Chair and members of the council, thanks for the opportunity to come and answer your questions about this. Yeah, after the prior version of this was passed, there was some conferral among the different agencies who are responsible for implementing and enforcing this, and after ...you know, including the judiciary, the police department, people inside the administration, and other concerned parties, and what happened was there was a consensus reached that there could be a little bit more guidance provided to the folks that are charged with enforcing and administering this section and particularly, a lot of businesses, the workers are stretched very tight and if it's the intention to exempt the use of these devices, we would be better served by making that clear up front in the statute rather than putting, you know, hard working drivers and people in the situation where they're going to have to take time out of COUNCIL MEETING -28- February 17, 2010 work and write letters to the court and spend time contesting citations that we really don't intend to punish that conduct in the first place, so. We feel that this is a good way to address all those concerns. Chair Asing: Thank you. Any questions for the county attorney? Councilmember Bynum. Mr. Bynum: Mr. Kollar, I think this is the first time you've been at county council, yeah? Mr. Kollar: That's correct. Mr. Bynum: Welcome. Mr. Kollar: Thank you. Mr. Bynum: And I know that you're the deputy attorney assigned to the police department, so...have I got that right? Mr. Kollar: A good chunk of my time is there, yes. Mr. Bynum: Okay and so basically this is just making it more workable, but it doesn't change the intent of the bill. Mr. Kollar: I don't believe so. I think this just makes it a little bit easier for the police to know in what situations they should be writing citations, for the judiciary to understand how to apply the different defenses and exemptions that are set forth in the statute and that's... that's basically the intention of that amendment. Mr. Bynum: Thank you very much. Mr. Kollar: Sure thing. Chair Asing: Thank you, with that, go ahead, Councilmember Kawahara. Ms. Kawahara: Do the revisions increase...increase the number of people that are exempt? Mr. Kollar: I...it... Ms. Kawahara: Or types of people that are exempt? Mr. Kollar: All it does is it specifies that when an officer stops somebody and is looking at writing a citation that if the person is (1) on the job and (2) using a two-way radio as the federal regulations define that, they shouldn't issue the citation to that person. Whereas before they would have issued the citation and then put the burden on the motorist to come in and say, no, I was at work, I have to do this, my employer requires this. So it doesn't actually change who is exempt and who is subject, it just kind of clarifies that we don't want to put the burden on those people to have to go and spend the resources and time fighting a citation that we don't intend to make them subject to. COUNCIL MEETING -29- February 17, 2010 Ms. Kawahara: Okay, actually that's great clarification. Thank you very much. Mr. Kollar: Thank you. Chair Asing: Thank you. Councilmember Kaneshiro. Mr. Kaneshiro: So do we have a definition of Title 47 of the Code of Federal Regulations, Part 90? Mr. Kollar: Correct. Mr. Kaneshiro: Can we see that? Can you make that available? Can we take a couple minutes' break just to review that? Mr. Chang: Chair ...Chair, actually would you like me to read? Mr. Kaneshiro: You have a copy of the federal regulations? Mr. Furfaro: He wants the federal regulations. Mr. Chang: Oh, okay, okay (inaudible). Mr. Kaneshiro: Yeah, I'm looking for Title 47 of the Code of Federal Regulations, Part 90. I don't think everybody understands what that is. Mr. Kollar: LA think ...we have... Chair Asing: Let's have a few minutes' recess while we look at the regulations. Can you make a copy of that for all councilmembers. There being no objection, the meeting was recessed at 11:18 a.m. The meeting was called back to order at 11:22 a.m., and proceeded as follows: Chair Asing: The council meeting is now called back to order. With that, Councilmember Kaneshiro. The rules were still suspended. Mr. Kaneshiro: Okay, if I may, for clarification purposes then it's a mobile service between base stations and land mobile stations. So basically, if you have a base station and you call back to the base station, and do communications, that would work. So, a question for the county attorney then would be that it would be pretty difficult to call one trucker to the next trucker without going back to the base station. Is that correct? Mr. Kollar: That's the idea that if they're using this to communicate back and forth involving a dispatcher and the dispatch would relay messages to the other units in the field, that would be the conduct we're intending to exempt. Mr. Kaneshiro: Okay, I just want people to be clear too about it, that ...that you know, it's where you have a base station at your office or wherever, call back to the base station and at the same time have a message relayed from the base station to the next driver if need be. So it's not at any time direct COUNCIL MEETING -30- February 17, 2010 communication between two drivers saying to turn around and so forth because if you do that, then you're not going back to the base station. You'll probably get tagged. Is that correct? Mr. Kollar: That would be correct. Mr. Kaneshiro: Okay, so-okay, I got it. Thank you. Chair Asing: Thank you very much. Ms. Kawahara: Thank you. Chair Asing: With that, I'd like to call the meeting back to order and I believe ...do we have a motion to amend? Okay. With that, go ahead Councilmember Kaneshiro, you had a question? The meeting was called back to order, and proceeded as follows: Mr. Kaneshiro: No, no, I'm ready. Chair Asing: Okay, we're on the amendment now. All those in favor say, aye. The motion to amend Bill No. 2336, Draft 3, as shown in the Floor amendment, was then put, and unanimously carried. Chair Asing: We're back to the main motion as amended. Any further discussion? Councilmember Kaneshiro? Mr. Kaneshiro: I just wanted to point out that for people to be clear, that means that you can't even use your cell phone in any way to communicate at all. I mean even if you're in the business or you're driving and so forth, perhaps you may need to use the...what they call that, Bluetooth? Is that correct? Mr. Furfaro: Use a Bluetooth. Mr. Kaneshiro: Or is something... Mr. Bynum: Or hands-free device Mr. Kaneshiro: Or a hands-free device, right. I think, you know, there's a lot of misconceptions out there as to how we can still communicate and how we can get business done. For my side, it's mostly about business, you know, I agree about, you know, texting and everything else, but I don't want to, at this time, you know, interfere with commerce. But I believe this is a situation with this bill passed, you would need to have some kind of a hands-free type of communication and I...and I've seen how that works. The Bluetooth or whatever they call that, if that's the right word I'm using, I'm not a... Mr. Furfaro: It's the right word. Mr. Kaneshiro: Okay. Mr. Furfaro: Bluetooth. COUNCIL MEETING -31- February 17, 2010 Ms. Kawahara: Hands-free. Mr. Furfaro: Hands-free. Mr. Kaneshiro: Okay, and hands-free, it can even call the number. All you got to do is mention "call Mr. Furfaro" and it'll call it. So you don't have to be there dialing and it'll dial Mr. Furfaro, so. So I want you to know that there are some technologies out there, that businesses can still achieve what they want to do and you know, I know it's an added cost ...it's an added cost to the company, but at the same time, you know, that safety is...of...everyone else, including drivers, is what we're concerned about. So just to give you an idea, you know, I'm not promoting anything at all, but I...that is one way you can achieve being able to communicate, especially for businesses, so I was really concerned about that. But I've had the experience of seeing how it works and it can work, so. Again, you know, I might vote with reservation because I don't like putting some of this burden on the businesses, but we'll see when it comes to the final vote. Chair Asing: Thank you, with that Councilmember Furfaro. Mr. Furfaro: Yes, before we actually vote, I want to ask one question of the county attorney. As we have this bill, this bill was moved to reconsider by Mr. Chang. We opened the bill up, then we introduced this amendment with the federal regulations and so forth. So now the new bill passes today, February 17th. Does that change the enforcement date now to be May 17th because it goes 90 days from the date of the passage of the bill? Ms. Kawahara: Great question. Mr. Furfaro: No, but is it now May 17th? Chair Asing: Hang on, why don't we do this. Can we have the county attorney up, please? There being no objection, the rules were suspended. Mr. Furfaro: Either one of you. I just want to make sure for the public, we're clear on the enforcement date. Is it 90 days when we pass the bill or...which now is not February 3rd, it's February 17th, or is it still pending the mayor's final approval? ALFRED B. CASTILLO, JR., County Attorney: Good morning. Chair Asing: Good morning. Mr. Castillo: All Castillo, county attorney. It's upon 90 days after the execution by the mayor when it becomes law. Mr. Furfaro: Okay, so then could we make certain that there is some kind of a public information because there are at least a week here that the mayor could have not signed the bill, but it's from the date of his signature, right? Mr. Castillo: Yes. Mr. Furfaro: That determines the enforcement date. COUNCIL MEETING -32- February 17, 2010 Mr. Castillo: Okay, so you just wanted the public to know that? Mr. Furfaro: Yup, but I also want to make sure that the administration, you know, if he signs it next week... Mr. Castillo: Okay. Mr. Furfaro: It's that date that starts the clock running. Mr. Castillo: Okay. Chair Asing: Perhaps we can send a communication to the mayor's office so that they can disseminate that information through the public information officer. Mr. Furfaro: I was actually taking advantage of that question since we see Beth Tokioka in the audience and public communications actually come under her umbrella, so that's the reason for the question. Thank you. Chair Asing: Thank you. With that, the meeting is called back to order and is there any further discussion than Councilmember Furfaro? The meeting was called back to order, and proceeded as follows: Mr. Bynum: Thank you, Mr. Chair, for...and the county attorney, for clarifying this language and it's good that we get it right, and that the police department's been consulted. I also was assured by staff that Councilmember Kawakami, who is representing us on Oahu today, he introduced this bill and that he is in the loop on these changes and in concurrence, so thank you very much. Chair Asing: Thank you. Any further discussion? Councilmember Chang. Mr. Chang: Thank you, Chair. I just wanted to, if I can, thank all the people that previously gave discussion and you know, there were a lot of people that are so appreciative of the ban, of the cell phone bill and I think there's a few that had concern that there wasn't any scientific explanation as to whether it's going to save lives or not, but yesterday I was flipping through some channels and I caught the end of the Oprah Winfrey Show. And she was mentioning that 6,000 people died of crashes involving distracted drivers using the cell phone and that was about 16% of the nation's traffic fatalities and with the 6,000 people that were involved in fatal crashes, there were approximately 500,000 that were injured. And they mentioned that the uses of cell phone has the same effects of having a blood related alcohol level of 0.08% which is a legal intoxication and they also did have a survey that about two-thirds of the people in 2009 admitted using a cell phone. And some of the states, as we all know, we have many people ...many of our youngsters now in drivers education, a lot of them rely on cell phones and texting, but as of now, there's about nine states that banned cell phones in its entirety for the juvenile drivers. So, you know, there are those that will say that perhaps we should all be able to use the cell phone. I have to say for myself, much of my whole life is hanging out on the cell phone and that's really my means of business, relaxation, whatsoever, but I do believe it's a very, very good, good, good law and one too many accidents whether it's fatal or not, can be distracting, can...as I COUNCIL MEETING -33- February 17, 2010 mentioned earlier, just miles and miles and miles of traffic, hours and hours and hours of delay, so this is a bill that I totally support and I think we should be proud of passing the bill. Thank you. Chair Asing: Thank you. Any further discussion? If not, let me read something to you and Mr. Chang took the air out of my balloon. Mr. Chang: Sorry. Chair Asing: Let me just read it, "Millions of people text, talk and email on their cell phones while driving. A recent survey finds that 71% of people between the ages of 18 and 49 admit they text or talk on the phone while they drive. If you think you can call, text and drive at the same time, you cannot. That message you can't wait to send could kill. Distracted drivers is an epidemic that is sweeping our county, claiming lives and destroying families. "Oprah's message for you. "In September 2008, a Los Angeles commuter train conductor missed a red light while sending and receiving more than 40 text messages. His packed train collided head-on with a freight train, injuring 135 people. The conductor and 24 others were killed, making it the second worst commuter train crash in U.S. history. "Weeks later, a school bus carrying 21 students was rear-ended by an 18-wheel semi-truck. The bus was pushed more than 200 feet before bursting into flames. Twenty students escaped, but 13-year-old Margay Schee was killed. The truck driver admitted he had been texting and hadn't seen that the bus was stopped." And it just goes on and on and I won't read the rest. But the statistics are there. It's dangerous and I'm glad that Councilmember Kawakami put this bill in front of us. So I will be supporting it. Thank you. Councilmember Kaneshiro. Mr. Kaneshiro: I guess, Chair, then with the statistics that you and Mr. Chang had put out really changed my reservation to an affirmative vote. Chair Asing: Yeah, you know, I'm not going to read the rest of this, but there is some touching, touching stories and the stories that I read to you are like industrial, commercial related type, but there are types of stories of children, you know, in smaller streets riding bicycles that were killed by people texting. So it's the neighborhood also. It is not the highways, but it is the neighborhood types also. So with that, roll call please. The motion to adopt Bill No. 2336, Draft 3, as amended to Bill No. 2336, Draft 4, and that it be transmitted to the Mayor for his approval was then put, and carried by the following vote: FOR ADOPTION: Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Asing TOTAL - 6, AGAINST ADOPTION: None TOTAL - 0, EXCUSED & NOT VOTING: Kawakami TOTAL -1. Chair Asing: With that, I believe that we need the county attorney up. COUNCIL MEETING -34- February 17, 2010 There being no objections, the rules were suspended. Mr. Castillo: Good morning still, everybody. Chair Asing: Good morning. Mr. Castillo: Council Chair, I will read all of the three executive session numbers. This is Al Castillo, county attorney. Thank you, BC. I'm going to read ES-424, 425 and 426. ES-424 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), (6) and (8), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide the Council a briefing on Kathleen Ah Quin v. County of Kauai, Department of Transportation (USDCT) Civ. No. 08-00507 JMSBMK and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES-425 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4), (6) and (8), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide the Council a briefing on Wayne R. Daniel, et al., v. Kodani and Associates, Inc., et al., Civ. No. 08-1-0006 (Fifth Circuit Court) and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ES-426 Pursuant to Haw. Rev. Stat. §§92-4 and 92-5(a)(4) and (8), and Kauai County Charter section 3.07(E), the Office of the County Attorney requests an executive session with the Council to provide the Council a briefing, update, and to request authority relating to the case of Jane Doe v. County of Kauai, EEOC Charge no. 486-2009-00268 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. Chair Asing: Thank you. With that I'd like to call the meeting back to order and have a motion to move into executive session. The meeting was called back to order, and proceeded as follows: Mr. Furfaro moved to convene in executive session, seconded by Mr. Chang, and unanimously carried. Chair Asing: We're going to move into executive session and we have two more items on the agenda, and we will be taking those items up after 1:30 p.m. We also have a certificate for Mayor of the Day, Ms. Kelli Oride, at 1:30 p.m. So we will now be moving into executive session. Thank you. The Chair recessed the meeting at 11:38 a.m. to move into executive session. The meeting was called back to order at 2:48 p.m., and proceeded as follows: Chair Asing: This council meeting is now called back to order. With that, Mr. Clerk, can we have the two remaining items on the agenda. Mr. Nakamura: Council Chair, we're back on page 3 of the council's agenda on communication C 2010-43. COUNCIL MEETING -35- February 17, 2010 C 2010-43 Request (02/08/2010) from the Office of the County Attorney for authorization to expend additional funds up to $25,000.00 to engage special counsel's continued representation in the lawsuit entitled Kathleen Ali Quin v. County of Kauai, Department of Transportation (USDCT) Civ. No. CV 08-00507 JMS/BMK and related matters: Mr. Furfaro moved to approve C 2010-43, seconded by Mr. Chang, and unanimously carried. Chair Asing: Next item please. Mr. Nakamura: Last matter for the council's approval is communication C 2010-44. C 2010-44 Request (02/09/2010) from the Office of the County Attorney for authorization to expend additional funds up to $20,000.00 to engage special counsel to represent the County defendants in Wayne R. Daniel, et al., v. Kodani and Associates Inc et al., Civ. No. 08-1-0006 (Fifth Circuit Court) and related matters: Mr. Furfaro moved to approve C 2010-44, seconded by Mr. Kaneshiro, and unanimously carried. Chair Asing: There being no other items on the agenda, the council meeting is adjourned. Thank you. ADJOURNMENT: There being no further business, the meeting was adjourned at 2:49 p.m. Respectfully submitted, PETER A. NAKAMURA County Clerk /wa ATTACHMENT NO. 1 (February 17, 2010) FLOOR AMENDMENT Bill No. 2344, Draft 1, Relating to CIP Budget General and Bond Funds (GO Bond Issue) Introduced by: Daryl Kaneshiro (By Request) Amend Bill No. 2344, Draft 1, to correct typographical errors as follows: 1) Amend Ordinance No. B-2009-691, Section 1, to read as follows: "Section 1. The several amounts of Revenue Fund Balances, Special Trust Fund for Bikeway Fund, Special Trust Fund for Parks & Playgrounds, Bond Fund, Development Fund, Highway Fund (CIP), Sewer Fund, General Fund (CIP), estimated for the fiscal year July 1, 2009 to June 30, 2010, are hereby provided and appropriated to the funds and for the purposes as set forth in Section 2. BIKEWAY FUND $ 21,672 BOND FUND [30,581,667] 91,216,982 DEVELOPMENT FUND 533,100 GENERAL FUND (CIP) [19,150,730] 11,796,965 HIGHWAY FUND (CIP) 6,742,392 SEWER TRUST FUND 168,165 SPECIAL TRUST FUND FOR PARKS PLAYGROUNDS 1,634,074 TOTAL ALL FUNDS [$58,831,800] $112,113,350" 2) Amend Ordinance No. B-2009-691 by amending the Bond Fund line item for HanapepelWaimea Levees, as contained in SECTION 2, to read as follows: "HanapepUWaimea Levees 1,147,315" 3) Amend Ordinance No. B-2009-691, GENERAL FUND (CIP) category of projects line item for Hanapepe- Waimea Levies, as contained in SECTION 3, to read as follows: "[Hanapepe/Waimea Levees 1,147,315]" ATTACHMENT NO. 2 February 17, 2010 FLOOR AMENDMENT BILL NO. 2336, Draft 3, Relating to Mobile Electronic Devices Introduced by- Dickie Chang Amend Bill No. 2336, Draft 3, in its entirety to read as follows: "SECTION 1. Chapter 16, Article 20, Kauai County Code 1987, is amended by adding a new section to be appropriately designated and to read as follows: Sec. 16-20.~ Use of Mobile Electronic Devices While Operating a Vehicle. (a) No person shall operate a motor vehicle while using a mobile electronic device. (b) The use of a mobile electronic device for the sole purpose of making a "911" emergency communication shall be an affirmative defense to this ordinance. (c) The following persons shall be exempt from the provisions of subsection (a): (1) Emergency responders using a mobile electronic device while in the performance and scope of their official duties; and (2) Drivers possessing a valid amateur radio operator license issued by the Federal Communications Commission and using a half-duplex two-way radio. (d) As used in this section: "Emergency responders" include fire fighters, emergency medical service technicians, mobile intensive care technicians, civil defense workers, police officers, and federal and state law enforcement officers. "Mobile electronic device" means any hand-held or other portable electronic equipment recognized by the citing officer or other witness to be capable of providing wireless and/or data communication between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the 1 ATTACHMENT NO. 2 operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle A "two-way radio" or Private Land Mobile Radio System as defined by Title 47 of the Code of Federal Regulations, Part 90, when used for business purposes, shall not be considered to be a "mobile electronic device". "Operate a motor vehicle" means to drive or assume actual physical control of a vehicle upon a public way, street, road, or highway. "Use or using" means holding a mobile electronic device while operating a motor vehicle. {f) Any person convicted or found liable of violating any provisions of this section shall be subject to a maximum fine of fifty dollars ($50). (g) Any person convicted or found liable of violating any provisions of this section while operating a motor vehicle in a school zone or construction area as defined in HRS Section 2910104 shall be subject to a maximum fine of one hundred dollars ($100). SECTION 2 This ordinance shall take effect three (3) months after its approval." (All material is new.) 2