HomeMy WebLinkAbout06-09-2010 Council Meeting Minutes
COUNCIL MEETING
June 9, 2010
The Council Meeting of the Council of the County of Kauai was called to
order by the Council Chair at the Council Chambers, 3371-A Wilcox Road, Lihu`e,
Kauai, on Wednesday, June 9, 2010 at 9.15 a.m., after which the following
members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie Chang
Honorable Jay Furfaro
Honorable Daryl W Kaneshiro
Honorable Lani T Kawahara
Honorable Derek S.K. Kawakami
Honorable Bill "Kaipo" Asing, Council Chair
Chair Asing: Can we have the first item please.
PETER A. NAKAMURA, County Clerk: First item is the approval of the
agenda.
APPROVAL OF AGENDA.
Mr Furfaro moved for approval of the agenda as circulated, seconded by Mr Chang,
and unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. Next matter is approval of the Minutes of the
following meetings of the Council.
MINUTES of the following meetings of the Council.
Council Meeting of May 12, 2010
Public Hearing of May 26, 2010 re: Bill No. 2361 and Bill No. 2363
Mr Chang moved for approval of the minutes as circulated, seconded by
Mr Furfaro, and unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. Next matters on page 1 of the Council's agenda are
Communications for receipt, communication C 2010-147, C 2010-148 and
C 2010-149
COMMUNICATIONS.
C 2010-147 Communication (05/03/2010) from the Environmental Services
Management Engineer, Department of Public Works, transmitting for Council
consideration, the amendments to various sections of the Integrated Solid Waste
Management Plan, Chapter 21 of the Kauai County Code 1987, as amended.
Mr Chang moved to receive C 2010-147 for the record, seconded by Ms. Kawahara.
COUNCIL MEETING -2- June 9, 2010
C 2010-148 Communication (05/13/2010) from the Director of Finance,
transmitting for Council information, the Period 9 Financial Reports - Statement of
Revenues as of March 31, 2010, pursuant to Section 17 and Section 20 of the
Operating Budget (B-2009-690)- Mr Chang moved to receive C 2010-148 for the
record, seconded by Ms. Kawahara.
C 2010-149 Communication (05/17/2010) from the Mayor, transmitting for
Council information, the Fiscal Year 2010 Third Quarter Report for the Kauai
Humane Society, pursuant to Contract #6787 Item (5). Also included is a copy of
the Field Services Statistics, Animal Statistics, and a copy of H.B. No. 2725:
Mr Chang moved to receive C 2010-147 for the record, seconded by Ms. Kawahara.
Chair Asing: Any discussion?
Mr Furfaro: Yes.
Chair Asing: Yes, Councilmember Furfaro.
Mr Furfaro: Chairman, I do want to make note of some items
here just for the audience Just for the courtesy of letting people know, I will be
asking for a deferral on the Energy Resolution that's coming up as we just received
the revised plan yesterday And also on the farm act coming up later in today's
agenda, this is more of a personal privilege, there have been many requests to ask
to defer that until the afternoon and I just wanted to share that for those in the
audience that might be here on the Energy Resolution, as well as the Farm Worker
Housing bill.
Chair Asing: Sure.
Mr Furfaro: Thank you.
Chair Asing: Thank you. Any further discussion? If not, all
those in favor, say aye.
The motion to receive C 2010-147, C 2010-148, and C 2010-149 for the record was
then put and unanimously carried.
Mr Nakamura. Next matter for approval on the bottom of page 1 is
communication C 2010-150
C 2010-150 Communication (05/13/2010) from the Director of Parks and
Recreation, requesting Council approval to purchase a shredder mower for
$120,000.00 from the FY 2010-2011 Parks Special Projects Account, to be used to
cut back and maintain control over tall grass, shrubs and small trees that encroach
onto park properties and for regular maintenance along the shared-use path and
various county parks to help maintain visibility and safety- Mr Bynum moved to
approve C 2010-150, seconded by Mr Kaneshiro, and unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. Next matter for approval at the top of page 2 is
communication C 2010-151.
C 2010-151 Communication (05/14/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive and expend funds from the Crime
Victim Assistance Grant of $179,756.00 for the Kauai Victim of Crime Act (VOCA)
Expansion Program, to be used for the term beginning August 1, 2010, and to
COUNCIL MEETING - 3 - June 9, 2010
indemnify the State of Hawaii, Department of the Attorney General.
Ms. Kawahara moved to approve C 2010-151, seconded by Mr Furfaro, and
unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. Next matter is a communication for approval,
communication C 2010-152.
C 2010-152 Communication (05/25/2010) from the Prosecuting Attorney,
requesting Council approval to apply for, receive and expend funds from the Federal
FY 2009 STOP Violence Against Women Formula Grant for $47,002.00 for
continuation of the Domestic Violence Prosecution Unit, to be used for the term
September 1, 2010 to March 31, 2011, and to indemnify the State of Hawaii,
Department of the Attorney General. Mr Furfaro moved to approve C 2010-152,
seconded by Mr Chang, and unanimously carried.
Chair Asing: Next item please.
Mr. Nakamura. Next matter for approval is communication
C 2010-153.
C 2010-153 Communication (05/25/2010) from the Director of Housing,
requesting Council approval to acquire a Real Estate Owned (REO) residence
situated at 5457 Kula Mau`u Street, Kapa`a, Hawaii, Tax Map Key (4) 4-6-013-124,
under the County's Neighborhood Stabilization Program (NSP) Foreclosure
Acquisition, Rehabilitation and Resale Project with funds received from the State in
July 2009 at the contracted offer price not to exceed $352,900.00, subject to the
one-percent (1%) discount based on receipt of the appraisal, and to authorize the
County Clerk to sign any and all related legal documents: Mr Furfaro moved to
approve C 2010-153, seconded by Mr Bynum, and unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. Council Chair, for the next three agenda items
C 2010-154, C 2010-155 and C 2010-156 if we could move these matters to the end
of the agenda until after the Executive Session briefings?
Chair Asing: Thank you, to the end of the agenda? Okay, can we
have the next item please then?
Mr Nakamura. Next item at the bottom of page 2 is C 2010-157,
but I believe there's a request to take this up prior to Bill No. 2318, Mr Chair?
Chair Asing: Can I have a motion to receive?
Mr Nakamura. Ah..no, no.
Chair Asing: Which one you're on.
Mr Nakamura. At the bottom of page 2, C 2010-157
Chair Asing: Yes.
Mr Kawakami. So moved.
Mr Nakamura. Oh.
COUNCIL MEETING -4- June 9, 2010
Chair Asing: Any discussion? Go ahead.
Mr Chang: Yes, I think the Clerk was asking are we moving
this item just before 2318.
Mr Furfaro: Mr Chair?
Chair Asing: Yes, go ahead.
Mr Furfaro: Yes, you know I know there's concerns mutually
between the situation that you have so articulated to us in the Moloa`a area, as it
relates to the Farm Worker Housing, but this action is really, I believe, about
sorting out Moloa`a is your intention, regardless of what happens to the Farm
Worker Housing bill.
Chair Asing: Oh yeah.
Mr Furfaro. Am I correct on that?
Chair Asing: Exactly correct.
Mr Furfaro: You want to sort out Moloa`a, right?
Chair Asing: Yes, the actual Moloa`a Project.
Mr Furfaro: Yes.
Chair Asing: which is the 1998 and 2000 zoning variance
permit and subdivision permit process.
Mr Furfaro: Right, so that would stand on its own regardless of
what other parcels. I mean, they are..
Chair Asing: Yes, it doesn't matter
Mr Furfaro: So do you want to work on this now or do you want
to receive it? Is that what you.
Chair Asing: It doesn't matter to me because.
Mr Furfaro: Oh, okay
Chair Asing: the communication has already gone to the
county attorney's office.
Mr Furfaro• So it's okay to receive?
Chair Asing: And I don't have any problem with receiving it.
Mr Furfaro: Okay
Chair Asing: I think I made the presentation, you understand
some of the issues and so I will be asking the county attorney's office, as stated in
the letter, to review the entire item. I am also and I believe that you have received
my communication. sent a communication to the auditor's office also to work with
COUNCIL MEETING -5- June 9, 2010
the county attorney's office to possibly review process procedures that. whether
wrong or right or indifferent, I'm not sure, but if there are any concerns I'd like for
the auditor's office to review together with the county attorney I expect the county
attorney to work together with the auditors office.
Mr Furfaro. Okay, so if. if that is your intent, then a motion to
receive this is in order and I would also acknowledge that I've seen your
communication regarding Moloa`a to the county attorney, but are we then subject to
this body approving resolution for the auditors to perform anything? (Inaudible.)
Chair Asing: I am not looking for that at this time.
Mr Furfaro. At this time, okay
Chair Asing: I think it's dependent upon the county attorney's
office and the auditor's office if they feel an audit is warranted, then I'm guessing
that. not I'm guessing. that I'm sure that they will come back to this body to
notify this. this body
Mr Furfaro: Okay
Chair Asing: and. and discuss the issue.
Mr Furfaro: The issue and the process on that. So for that
purpose as it's going to the county attorney, I'll make a motion to receive this.
Mr Chang: Second it.
Mr Furfaro moved to receive C 2010-157 for the record, seconded by Mr Chang.
Chair Asing: Any further discussion? Go ahead Councilmember
Bynum.
Mr Bynum. Just for clarification, this communication has. is
not about (inaudible) There's nothing about an auditor request on today's
(inaudible)
Chair Asing: No.
Mr Bynum. Is that correct?
Mr Furfaro• That's correct and I think what I clarified with the
Chair that after a review by the county attorney, if they find it necessary, then a
resolution authorizing the auditors would be something that the whole body would
look at.
Mr Bynum. I just want to be clear that this is about a
communication to the county attorney, not the auditor There's nothing about the
auditor on today's agenda?
Chair Asing: No.
Mr Bynum. Okay, thank you.
ALFRED B. CASTILLO, JR., County Attorney- Council Chair?
Chair Asing: Yes.
COUNCIL MEETING -6- June 9, 2010
Mr Castillo. For the record Al Castillo, County Attorney I just
wanted this body to know that yes, we have received both communications, and we
are diligently working on the request, just to let the Council Chair and the
councilmembers know
Chair Asing: Thank you. Any further discussion?
Ms. Kawahara. Thank you, Chair
Chair Asing: Councilmember Kawahara.
Ms. Kawahara. Since this was your communication, I just wanted
to check. were there any other areas on the island that you were interested in
looking at?
Chair Asing: Pardon me?
Ms. Kawahara. Since this was your communication.. I just had a
question. Were there any other areas on the island that you were looking at or
interested in looking at?
Chair Asing: No, no.
Ms. Kawahara. Thank you.
Chair Asing: It is again. let me just state again. as presented
in the PowerPoint presentation that I made two weeks ago, that I have some major
concerns with what has happened to the project. If you look at the project, starting
from the variance permit, subdivision permit and the Class IV zoning permit, these
three permits alone determine the project going forward, and is it in fact the. the
process that was followed, is that project, as represented by the applicant together
with the commission, there is, in my opinion, grave question marks that many
things that was represented are not now being adhered to, and there are conditions
that should have been met also that are questionable, in my opinion.
Mr Furfaro: Mr Chair, I just want to say again, I appreciate
this being focused on Moloa`a as a. I don't think any of us were on the council in
1998 and I was not on the planning commission until 2001, but I think we're
anxious to understand the history, so we are just going to move to receive this..
Chair Asing: Yes.
Mr Furfaro: and wait for the county attorney's response to
your correspondence, I guess?
Chair Asing: Yes.
Mr Furfaro: Got it. So I have a motion to receive.
Chair Asing: Yes. Any further discussion? All those in favor,
say aye.
The motion to receive C 2010-157 for the record was then put, and unanimously
carried.
Chair Asing: Next item please.
COUNCIL MEETING -7- June 9, 2010
Mr Nakamura. Next matter on the top of page 3 is a claim.
CLAIMS:
C 2010-158 Communication (05/18/2010) from the County Clerk, transmitting
a claim filed against the County of Kauai by Cashmire Boiser for her son's bodily
injury, pursuant to Section 23.06, Charter of the County of Kauai: Mr Furfaro
moved to refer C 2010-158 to the County Attorney's Office for disposition and/or
report back to the Council, seconded by Mr Kaneshiro, and unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. Next matters for approval are Committee Reports
from your Committee on Economic Development/Housing Committee Report
CR-EDH 2010-01.
COMMITTEE REPORTS:
A report (No CR-EDH 2010-01) submitted by the Economic
Development/Housing Committee, recommending that the following be received for
the record.
"EDH 2010-01 Communication (5/19/2010) from Committee Vice
Chair Jay Furfaro, requesting the presence of George Costa, Director, Office
of Economic Development, to present the results of the Kauai Visitors
Bureau (KVB) efforts to promote tourism on Kauai as it relates to Phase I of
the KVB Economic Stimulus Grant,"
Mr Chang moved for approval of the report, seconded by Mr Kaneshiro.
Chair Asing: Any discussion? Yes, Councilmember Kawahara.
Ms. Kawahara. Thank you, Chair I wanted to thank Sue and
George for their report and for Vice Chair putting this on the agenda so they could
do the report. I just want to say that I think they've done a really good job in trying
to track the impact of the moneys that we approved. I want to put on record,
though, concern about when we meld public money with private sector money and
projects. My understanding is that they had very strict guidelines that they had to
follow regarding proprietary information, and I think that's at odds sometimes with
what we try to do in government and our transparency about funds. So I just want
to put that on the record as a concern if we consider doing anything like this again.
Thank you.
Chair Asing: Thank you. Any further discussion?
Councilmember Furfaro.
Mr Furfaro: Mr Chair, I want to say first of all I want to
apologize for the lack of my participation in this meeting last week as I had some
ma. .1 had some procedures that I needed to address. I do want to say I watched
the tape and I do want to pursue with Mr Costa, for the satisfaction of the council,
that we could become a member if we could become a member of the comparison
reports done by a third party that would actually show the competitive profile of
various resorts based on their designated classification in the marketplace, and they
do produce quarterly reports that we could actually see the gross growth of
occupancy through these reports and it might be something good for the economic
COUNCIL MEETING -8- June 9, 2010
development office to actually sign up as a. for a small fee a year, they can get the
statistical reports from the various competitors by class of hotel. five diamond, four
diamond and so forth. and it might relieve the issue about proprietorship
Ms. Kawahara. Thank you, I'm glad to hear that because I wouldn't
know about that report and that's exactly what it was I'm concerned about.
Specifically, it was not being able to find out. there was a 6% to 8% click through to
reservations, but we weren't able to get that information because it's proprietary
So if that helps, that would be great, and I. I wasn't aware of such a report and
that's something that's proprietary and if we subscribe, we could use. that's not
available.
Mr Furfaro: We could use. it's referenced as the Star Report.
Ms. Kawahara. And it's not available publicly usually?
Mr Furfaro: No.
Ms. Kawahara. Okay Thank you.
Chair Asing: Thank you, any further discussion? If not all those
in favor, say aye.
The motion to approve Committee Report CR-EDH 2010-01, was then put, and
unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. Next committee report for approval from your
Committee on Public Works/Elderly Affairs Committee Report CR-PWE 2010-07
A report (No. CR-PWE 2010-07) submitted by the Public Works/Elderly
Affairs Committee, recommending that the following be approved on second and
final reading:
"Bill No. 2363 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 25 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, AS
IT RELATES TO SEWERS,"
Mr Kaneshiro moved for approval of the report, seconded by Mr Chang, and
unanimously carried. (See later for Bill No. 2363)
Chair Asing: Next item please.
Mr Nakamura. Next matters are Resolutions. Council Chair, on
Resolution 2010-34, I believe there's an Executive Session scheduled on this and if
we could move this to after the Executive Session briefing.
Chair Asing: Thank you. We will move into Executive Session
first before we handle this item. Can we have the next item please?
Mr Nakamura. Next resolution is Resolution No. 2010-35
COUNCIL MEETING -9- June 9, 2010
RESOLUTIONS.
Resolution No. 2010-35, RESOLUTION REQUESTING THE MAYOR TO
CONSIDER INCLUDING THE COUNCIL OF THE COUNTY OF KAUAI IN THE
IMPLEMENTATION OF THE KAUAI ENERGY SUSTAINABILITY PLAN
Chair Asing: Councilmember Furfaro.
Mr Furfaro. I'm sorry I was still reading. Would..
Mr Bynum. The Energy Energy Resolution.
Mr Furfaro: Yes.
Chair Asing: The Energy Resolution.
Mr Furfaro: Yes.
Mr Nakamura. This would be a deferral, Vice Chair?
Mr Furfaro: Yes, I'm just reading my correspondence that I sent
over Many of you received today this morning or as late as post 2:30 yesterday, a
revised Energy Report, and because there are revisions in that report, I'm asking
that we move to deferral on this summary so that we could have a chance to digest
about five considerations that were put in the report since the April presentation to
the body So I'm going to ask if we can defer that.
Chair Asing: Fine.
Mr Bynum. Move to defer
Mr Chang: Second.
Chair Asing: All those in favor, say aye.
Mr Bynum moved to defer Resolution 2010-35, seconded by Mr Chang, and
unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. Next mat. next matter is a Bill for First Reading,
Proposed Draft Bill No. 2365
BILL FOR FIRST READING
Proposed Draft Bill No. 2365 - A BILL FOR AN ORDINANCE AMENDING
SECTION 21-1.3, SECTION 21-2.1, SECTION 21-2.2, SECTION 21-3.2, SECTION
21-3.3, SECTION 21-7.3, AND SECTION 21-9 1 OF THE KAUAI COUNTY CODE
1987, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT-
Ms. Kawahara moved for passage of Proposed Draft Bill No. 2365 on first reading,
that it be ordered to print, that a public hearing thereon be scheduled for July 14,
2010, and that it thereafter be referred to the Public Works/Elderly Affairs
Committee, seconded by Mr Furfaro.
Chair Asing: Any discussion? If not, roll call please. I'm sorry
do you want to come up?
PAT GEGEN May I please?
i
COUNCIL MEETING -10- June 9, 2010
II
Chair Asing: Yes, sure. Rules are suspended. Good morning.
There being no objection, the rules were suspended.
Mr Gegen. Thank you, Chair and Council.
(Inaudible.)
Mr Gegen. Helps if you turn the power on, I guess. Thank you
very much Chair, Councilmembers. First of all I want to thank you for this
opportunity to testify I did have a chance this morning to take a look at 2365, I
believe it is. Just as a side note I looked for it earlier in the week. I was hoping it
was out on the website. It would be nice if bills like this were on the website, so I
could have had a better chance to look at it. But just a couple of things as you move
forward on this one. Section (3) 21-2.2, Section (g)(c)(2), it would be found on the
top of page six. It talks about brush being picked up for collection, brush. that type
of material. I would propose or I'd like to see a proposal that the county does not
pick that up in normal refuse and that's just going to the landfill, it's unnecessary
space it's taking up The county has done a very good job of providing compost
facilities. I go to the Hanapep6 one quite often with loads in back and every once in
awhile I'll grab a bunch of wood chips, the compost that's been created, to put
around my plants. I would like to see more people do that type of stuff and I don't
like seeing that kind of refuse going into our landfill. The landfill is very expensive,
too expensive for organic type of material to go into.
The other thing I would like to see has to do with restricted items for
collection. There is nothing in there about the recyclable materials that the county
does pick up Why are we continuing to pick up aluminum, H15 glass, plastics,
newspaper things that the county spends money to recycle, we try to receive
money back for that. trying to keep that out of the landfill. Again, what can we do
to try to keep that kind of material from going into the landfill. I would like to see
us take a little bit more aggressive of a response on that. You know, I mean we've
got to get working on the landfill. I haven't heard much about it since we talked
about the siting of it originally six months ago, but I know we've got to get going on
one because it's getting quite filled up out in Kekaha. Let's see what we can do
about filling it up less. So, thank you very much.
Chair Asing: Thank you. Councilmember Bynum.
Ms. Kawahara. Thank you.
Mr Bynum. Good morning, I. thanks for your testimony and I
dust wanted to say that. some of these things are like interim measures, and we
have. we are moving in the right direction, I believe. You know when I first
worked for the county, all the green waste that was going to the transfer station in
Princeville, for instance, was being trucked to the landfill in Kekaha, and it was like
two trucks loads a week, and the county did move to, you know, all the green waste
that goes to the transfer stations now is going for composting and other appropriate
uses, and we are hopefully moving quickly to a 3-can system where eventually green
waste will be picked up and will be banned from the regular disposable trash. Also,
one of those cans will be for mix recyclables which hopefully will increase the
amount. And so your points are really well taken that. and it's a reasonable
question if we should continue to allow household green waste to go into the landfill
now or should we, you know, set that limit now? So I hear that question and I think
it's a reasonable one and one that we should consider So, thank you.
COUNCIL MEETING - 11 - June 9, 2010
Mr Gegen: Thank you. I just want to point out too for the
small homeowner or, you know, person living in town, they probably don't have that
much green waste and the county has been very nice to give us the composting
buckets too
Mr Bynum. Right.
Mr Gegen. I've got one of those on my property and you know
what? All my weeds and stuff from the garden go right in there. The bigger stuff I
end up taking out to the Hanapepe transfer station, but yeah. So I mean the county
has done a lot of very good things. I think the more we can do following that path
would be beneficial.
Mr Bynum. Right and.
Mr Gegen. Thank you.
Mr Bynum. Yeah. no, I think you're correct that we should
really look to limit any green waste going into the landfill, and we are moving in
that direction and perhaps maybe we should move quicker So, thank you.
Mr Gegen. Thank you.
Chair Asing: Thank you. Is there anyone else? The meeting is
now called back to order
There being no one else to speak on this matter, the meeting was called back to
order, and proceeded as follows:
Chair Asing: Peter, do we have a motion?
Mr Nakamura. We have a motion and a second.
Chair. Asing: Thank you. Any further discussion?
Mr Nakamura. Roll call.
Chair Asing: If not, roll call please.
The motion for passage of Proposed Draft Bill No. 2365 on first reading, that it be
ordered to print, that a public hearing thereon be scheduled for July 14, 2010, and
that it thereafter be referred to the Public Works/Elderly Affairs Committee was
then put, and carried by the following vote:
FOR PASSAGE. Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST PASSAGE. None TOTAL - 0,
EXCUSED & NOT VOTING None TOTAL - 0
Chair Asing: Next item please.
Mr Nakamura. On page 4 of the council's agenda, Mr Chair, Bill
No. 2318, Draft 3, 1 believe there's a request to take this up after lunch from
Vice Chair
Chair Asing: Yes.
COUNCIL MEETING -12- June 9, 2010
Mr Nakamura. Next matter is a Bill for Second Reading, Bill
No. 2363.
BILLS FOR SECOND READING.
Bill No. 2363 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 25
OF THE KAUAI COUNTY CODE 1987, AS AMENDED, AS IT RELATES TO
SEWERS Mr Bynum moved to adopt Bill No. 2363 on second and final reading,
and that it be transmitted to the Mayor for his approval, seconded by Mr Chang,
and carried by the following vote:
FOR ADOPTION Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION None TOTAL - 0,
EXCUSED & NOT VOTING None TOTAL - 0
Chair Asing: Thank you. I'd like to have the County Attorney
up, please. For the audience, we will be moving into Executive Session.
There being no objection, the rules were suspended.
Mr Castillo: Good morning Council Chair, Councilmembers.
Chair Asing: Good morning.
Mr Castillo: Al Castillo, County Attorney I'll read all of them
regarding Executive Session ES-443, 444, 445 and 446.
EXECUTIVE SESSION
ES-443 Pursuant to H.R.S. §92-4 and H.R.S §92-5 (a)(3) and (4), the purpose
of this executive session is to deliberate in the matter of Resolution
2010-34 (resolution authorizing acquisition of fee simple interest in
lands required for public use, to wit: the pedestrian and bicycle path
which constitutes part of a public park system, situated at Waipouli,
district of Kawaihau, County of Kauai, Hawaii, and determining and
declaring the necessity of the acquisition thereof by eminent domain)
concerning the authority of persons designated by the Council to
negotiate the acquisition of public property or during the conduct of
such negotiations and to consult with the Council's legal counsel on
issues pertaining to the Council's powers, duties, privileges,
immunities, andlor liabilities as they may relate to this item,
deliberate and take such action as appropriate.
ES-444 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 in 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.
COUNCIL MEETING -13- June 9, 2010
ES-445 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 Ali Quin v.
County of Kaua'i, Department of Transportation (USDCT) Civ No. 08-
00507 JMS/BMK 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-446 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 in Kristan C. Hirakawa v. County of Kaua'i, Civ No CV09-
00247 JMS/LEK (U.S. District Court, District of Hawai'i) and for new
case Kristan C. Suniga (f.k.a. Kristan C. Hirakawa) v. County of
Kaua'i, et al., Civ No. 10-1-0114 (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.
Chair Asing: Thank you. With that I would 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: I'll make the motion to move into Executive
Session, Mr Chair
Chair Asing: Thank you, can I have a second?
Ms. Kawahara. Second.
Chair Asing: Thank you. Any discussion? All those in favor, say
aye.
Mr Furfaro moved to go into executive session, seconded by Ms. Kawahara, and
unanimously carried.
Chair Asing: We'll be moving into Executive Session, thank you.
The meeting was recessed at 9.44 a.m. to move into Executive Session.
The meeting was called back to order at 1.44 p.m., and proceeded as follows:
Chair Asing: This council meeting is now called to order
(Inaudible.)
Chair Asing: This council meeting is now called order With
that, Mr Clerk, can we have the next item please.
Mr Nakamura. Council Chair, we're back on page 2 of the council's
agenda. First matter for approval is communication C 2010-154.
COUNCIL MEETING - 14 - June 9, 2010
I
COMMUNICATIONS.
C 2010-154 Request (06/02/2010) from the Office of the County Attorney
for authorization to expend additional funds up to $25,000 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 Chang moved to approve C 2010-154, seconded by Mr Bynum, and
unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. Next matter for approval on page 2 of the council's
agenda is communication C 2010-155.
C 2010-155 Request (06/02/2010) from the Office of the County Attorney
for authorization to expend additional funds up to $10,000.00 to engage special
counsel's continued representation in the lawsuit entitled Kathleen Ali Quin v.
County of Kaua'i, Department of Transportation (USDCT), Civ No. CV 08-00507
JMS/BMK and related matters: Mr Furfaro moved to approve C 2010-155,
seconded by Mr Chang, and unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. Next matter for approval is communication
C 2010-156.
C 2010-156 Request (06/02/2010) from the Office of the County Attorney
for authorization to expend additional funds up to $100,000.00 to engage special
counsel's continued representation in the lawsuit entitled Kristan C. Hirakawa v.
County of Kauai, Civ No. CV09-00247 JMS/LEK (U.S District Court, District of
Hawai'i) and for new case Kristan C.-Suniea (f.k.a. Kristan C. Hirakawa) v. County
of Kauai et al., Civ No. 10-1-0114 (Fifth Circuit Court) and related matters:
Mr Furfaro moved to approve C 2010-156, seconded by Mr Chang, and
unanimously carried.
Chair Asing: Next item please.
Mr Nakamura. At this time, Mr Chair, we're on page 3 of the
council's agenda on resolutions. The last resolution is Resolution 2010-34.
RESOLUTION
Resolution No. 2010-34, RESOLUTION AUTHORIZING THE
ACQUISITION OF THE FEE SIMPLE INTEREST IN LANDS REQUIRED FOR
PUBLIC USE, TO WIT- THE PEDESTRIAN AND BICYCLE PATH WHICH
CONSTITUTES PART OF PUBLIC PARK SYSTEM, SITUATE AT WAIPOULI,
DISTRICT OF KAWAIHAU, COUNTY OF KAUAI, HAWAII, AND
DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION
THEREOF BY EMINENT DOMAIN Mr Bynum moved to adopt
Resolution No. 2010-34, seconded by Mr Furfaro.
Chair Asing: Hang on, we have a public. I'd like to suspend the
rules. Glenn.
There being no objection, the rules were suspended.
COUNCIL MEETING - 15 - June 9, 2010
GLENN MICKENS: Thank you, Kaipo. For the record Glenn Mickens.
You have a copy of my testimony I'll read it for the viewing public and the TV
audience. When you get my age you need these (glasses) With Reso. 2010-34, let's
see if we can separate facts from fiction. Mary Daubert, in her article in the Garden
Island of 5/22/2010 said, "The total amount of land to be acquired by eminent
domain is 2724 square feet." This figure is apparently wrong. In another article
from the Garden Island of 6/22/2010, Councilman Furfaro said, "There's a friendly
condemnation of 2724 square feet plus some 62,000 square feet of land, the subject
of acquisition negotiations." Thus, his figures seem to be more in line with the
number I gave in my testimony of a couple weeks ago of 62,190 square feet, and I
believe that the former councilman Mel Rapozo said it best when he testified the
condemnation of property, whether it's friendly or hostile, he said that it is never
friendly despite that it may be non-hostile simply because someone may not have
the funds to fight it in court - an excellent analysis. Councilman Bynum was
quoted in the Garden Island of 5/22/2010 saying, "It will cost roughly $100,000.00 to
condemn the land." However, Councilman Furfaro wisely said the value of the
transaction has not been disclosed because the law allows confidentiality in such
instances. Then Chair Asing reprimanded Mr Bynum for putting out any figures at
all while negotiations are still ongoing. Mr Bynum then did admit that throwing
out the figure as a guesstimate might have been imprudent. So we have two facts
about 1.5 acres of beachfront property will have to be condemned or acquired, not
2724, and the price, though unknown at this time, will probably be a lot more than
$100,000.00 But the bigger story here is not just the condemnation and buying of
land, but the obsession of those who have pushed this project from the beginning. I
have said over and over that if money were not a finite object, then building a path
or any other object would be fine. But with so many issues on Kauai that are top
priority, then how can we justify the millions of dollars that have been spent and
are projected to be spent on this path. Again, a check of DOT cost, which you. guys
know I gave you copies of it, will show figures of around $60,420,000.00 without
added cost of land acquisition. That means that this total project would cost
$100 million or more with maintenance, more labor and equipment, staff and
attorney time added in. The point that Tim and other proponents of this path have
made is that most of the money will come from fed funds. Those fed funds are still
our money and our 20% of this project would still be $20 million or more, money
direly needed for other high priority projects. Pat Fung has told me that fed money
is running out and may not be there to finish this path. So again, why are we in
this desperation mode to spend our time, money and efforts on it with so many
important issues to address.
Mr Nakamura. Three minutes, Mr Chair
Mr Mickens: Hopefully, I'm.
Chair Asing: Yes.
Mr Mickens: One sentence.. hopefully some members of this
council will carefully read my testimonies and give me and the public answers to
what I've asked. Thank you.
Chair Asing: Thank you. Councilmember Furfaro
Mr. Furfaro: Thank you, Mr Chair Glenn, thank you for your
testimony I just want to address and clarify the points you referenced. I, with
great respect, I do want to say that in a friendly condemnation it should be pointed
out I understood what Mr Rapozo said here, but you know, at the end of the day the
offer of the appraisal for the acquisition and a fair market value is actually
determined by the court and the judge. It is not a mandate that comes from the
COUNCIL MEETING -16- June 9, 2010
council. So you know, it is a burden on us to make sure that we prove for public
benefit it is what it is. Also, I want you to know that I reconfirmed today with the
county attorney dealing with Section 106 and 4F of the Department of Taxation's
pieces that I have written correspondence over to the county attorney's office to give
us the clarification on those statutes, and the fact of the matter is that, you know,
we have followed policy and I will also be asking for a presentation on the SMA
process that. based on that acquisition. We should also know that depending in
the documents, the declarations from an association, if they are owning leased
property in other words, the condominium people do not own outright the parcel,
we need to check their declaration and their declaration implies that that
negotiation for that piece is solely at the discretion of the group that owns it fee
simple and not the association of apartment owners. So, all of those questions are
in this response I hope to get so that its very transparent for the public. As you
wisely commented on my earlier comments, this condemnation is not something
that the funds are publicly known until the negotiation is complete because it is
exactly that, it is a negotiation and those privileges of confidentiality are outlined in
our charter when we're trying to acquire something. So I appreciate your
testimony I just wanted to structure we're going to have some answers for you. I
did send a correspondence over, but we seem to be in full compliance and we'll share
that soon. Thank you, Mr Mickens.
Mr Mickens: Thank you, Jay
Chair Asing: Thank you. Is there anyone else?
JOANN YUKIMURA. Chair Asing.
Chair Asing: Hi, JoAnn.
Ms. Yukimura. Members of the Council, JoAnn Yukimura. I
spoke on this matter previously a couple of weeks ago and I just wanted to clarify
because I somewhat misspoke. Although I still believe that an EIS on the highway
project should have been done, I understand now where the condemnation of land is
being proposed and I have no objections to that in particular So I just wanted to
make that clear I'd meant to write a letter Since I haven't done that, I just
wanted to state it for the record.
Chair Asing: Thank you.
Mr Furfaro: Thank you.
Chair Asing: Is there anyone else?
JOE ROSA. Good afternoon, Members of the Council. For the
record Joe Rosa. As I spoke about it previously, I don't see what's the hurry that
they have to do this thing the way they want to do and go about. Actually, why
don't they wait until the State DOT (Department of Transportation) have their
plans for widening of the highway over there and incorporate it into that plan, with
the State Highway Division. You know, this is something that this. just like being
repeated. The county's going to do something, then the state is going to come in and
do something. Why don't they work together? Just leave that section blank for the
time being. Then when the county incorporates their highway widening project,
whatever, incorporate it into that because the state. like you people always
mention that the state is going into this kind of bikeway system throughout the
state. So why don't you wait? What's the hurry? You can save bucks. You can
save taxpayers' money Don't spend the money like it's coming out of your pocket.
Eh, think about the taxpayers. We're overburdened, tax, tax, tax, you know That
COUNCIL MEETING - 17 - June 9, 2010
distance along the highway can be incorporated into the state highway system,
when they widen it up Get an additional 10 feet for that. At present you can use it
and if you want to use something, cone it up for a marathon or whatever But don't
be taking land at a big cost because any land adjacent to this federal aid highway
costs big bucks. That's why people who have property pay bigger taxes. And also,
you're going to be dealing with oceanfront property That's big bucks again. So, you
know, those are the things that you're spending money freely, thinking that it's
there to be spent, but remember, this federal aid money is coming to an end because
of the economic condition of the nation. You know, money is not going to come easy
anymore. So think about the senior citizens on this island. You guys cut down this,
cut down that. Think about the people here, the elderly There's a whole lot of
elderly people telling me they don't want to come and speak; they're afraid of the
mike, this and that. But I'm speaking for everybody here on Kauai, that's including
the taxpayers. So, think about it, like as I say, wait until the DOT incorporate their
highway planning. I don't think it has been mentioned with DOT because I've
talked to some DOT members and they said they don't know nothing about it
because everything is planned in Honolulu. This is a Kauai problem, I don't see
why Kauai don't handle their own problems. So, those are the kind of things, like
as I say, do communication and be open with the public. You know, that's the kind
of thing that they want to know Like just this past weekend, I had two people
living in Kapa`a District tell me it's going to be a flop
Mr Nakamura. Three minutes, Mr Chair
Mr Rosa. I figure everything else from Kauai is a fad, a
stylish fad. It goes good and then it dies down. You go ask Mr Ray McCormack
about the highway adopt-a-system. It doesn't work. It doesn't work. Thank you.
Chair Asing: Thank you. Is there anyone else? If not, I'd like to
call the meeting back to order
There being no one else wishing to speak on this matter, the meeting was called
back to order, and proceeded as follows:
Chair Asing: I believe we have a motion and a second on the
floor Further discussion? Councilmember Bynum.
Mr Bynum. Thank you, Mr Chair I just want to clarify a
couple of other things. Mr Mickens says 1.5 acres of beachfront property I want to
be really clear what property we're talking about. This is. most of this square
footage is two streets near the Kapa`a Shores condominium. You turn right off. by
Kapa`a Shores, there's a little stretch of street and then Niulani Street and I can't
remember the exact name. They're private roads and they're all busted up
They're. that is the bulk of the square footage of this property are these two
roadways, which will be redone into roadway and bike path. There's 2,724 square
feet of an easement, a strip of land, along the highway The apartment owner there
is fully cooperative, so there is such a thing as a friendly condemnation. It's just
easier legally to do it that way for the owner and for the county, and the price is
negotiated, and when this is completed, that will be public, and we will see how
much it was, okay So, this is not beachfront property, most of it is a roadway, the
other is a few feet. extra feet in order to build the path and the road safely in that
area. So, thank you.
Chair Asing: Thank you. Further discussion? Councilmember
Kawahara.
COUNCIL MEETING -18- June 9, 2010
Ms. Kawahara. Thank you, Council Chair I just wanted to say
that in reference to one of the testifiers here concerned about other more
important issues to address. I believe this county and this administration have
both shown their commitment to building a healthy community with policies and
facilities that advocate for a healthy community and also alternative transportation
modes. So I don't see this as something that is not important and I feel that this is
in line with all the other important issues that the county is addressing. Thank
you.
Chair Asing: Thank you. Any further discussion? Anyone else?
If not.
Mr Nakamura. Roll call.
Chair Asing: we have a motion and a second.
Mr Nakamura. Roll call.
Chair Asing: All those in favor, say aye.
Mr Nakamura. Oh, roll call. Roll call, Council Chair, roll call.
Chair Asing: I'm sorry, roll call, resolution.
The motion to adopt Resolution No. 2010-34 was then put, and carried by the
following vote.
FOR ADOPTION Bynum, Chang, Furfaro, Kaneshiro,
Kawahara, Kawakami, Asing TOTAL - 7,
AGAINST ADOPTION None TOTAL - 0,
EXCUSED & NOT VOTING None TOTAL - 0
Chair Asing: Can we have the next item please.
Mr Nakamura. Next matter is on page 4 of the council's agenda, a
bill for second reading, Bill No. 2318, Draft 3.
BILL FOR SECOND READING
Bill No. 2318, Draft 3 - A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing)
Chair Asing: Councilmember Kawakami.
Mr Kawakami. Thank you, Mr Chair I'm going to read a piece
that I wrote last night, quite late at night as I was crafting my bullet points as to
my opposition of this bill to make sure that I had covered all of my arguments. So I
spent a great deal of time on this, so I'm going to. I'm going to go over this. So, if
you guys want to bear with me for a little while, this is going to be one of those
"what the hell is he talking about" moments. I think at times we've all sat at this
table listening to people go on and on and you sit here thinking, what the hell is he
talking about. Well, I'm going to exercise my right to have a "what the hell is he
talking about" moment. So you guys be patient because I haven't done that too
often.
COUNCIL MEETING _19- June 9, 2010
1 would like to start off by saying that although I'm on the other side of the
fence right now with this issue, it doesn't mean that in the future I will not become
a believer All it means is that right now I have my reasons for not being able to
support this and I will expand on this very soon. I would like to say to my
colleagues who do support this bill presently that you are not wrong. I would like to
say to the public who supports this bill that you are not wrong either I've said it
before that there are many issues in life that are black and white, right or wrong,
and this is not one of those issues. The intent behind this is pure and it is from the
heart. However, I do have my reasons for not being able to support this bill at this
time
Reason number one, in Section 5.2.1 in the General Plan under (b) The
primary intent of the Agricultural designation is to conserve land and water
resources in order to: (1) insure an excellent resource base for existing and
potential agricultural uses; and (2) assure a sufficient supply of land available for
sale or lease at a cost that is economically feasible for agricultural enterprise. I am
not convinced that this bill fulfills Section 2 of the primary intent behind the ag
designation, which is to assure that land is available for sale or lease at a cost that
is economically feasible for agricultural enterprise. I believe that a bill like this will
drive up the value of ag lands and potentially put it further out of reach for current
aspiring and future farmers. And the reason behind this feeling is highlighted by
the fact that according to facts presented to us in our packets by the 2007 Census of
Agriculture presented by the USDA which they note that there are 748 farms on
Kauai, which constitutes 151,534 acres, of which the median size is 5 acres, that
the net cash farm income of operation for these 748 farms is $10,475. These are not
my numbers. These are numbers from the USDA. So how can we justify that this
bill fulfills the primary intent of the agricultural designation which is in part to
assure a sufficient supply of land available for sale or lease at a cost that is
economically feasible for agricultural enterprise? I cannot justify this at this time.
If the average farm is making $10,475 and in my opinion, and it is my opinion, is
that there are more immediate concerns to address, such as how do we get farmers
to become more profitable.
Reason number two is that it remains unclear as to how this will affect our
island, how many farms will qualify, how many farms meet the threshold set forth
in this bill, mainly the $35,000 benchmark, and not just $35,000 but $35,000 for the
last two years. You see, before I approve anything, I'd like to be able to visualize
the impact, the potential impact and I'm not sure we have a tangible grasp as to
what that number is and if we do, let's talk about it.
Reason number three is that. and I will go back to my original statement
how do you enforce the unenforceable, and I will go back to the quote from our
General Plan which states that Kauai, like the other neighbor island counties, has
found it impossible to enforce the state requirement that only farm dwellings and
farm worker housing is allowed within the state agricultural land use district.
What is the remedy if a person builds a house intending to farm his property fails
and gives up farming and instead goes to work at a hotel. By definition, his house is
no longer a farm dwelling but is now a single-family residence What practical
remedy is available to enforce the farm dwelling provision or in this case farm
worker housing requirement? It would be unreasonable and infeasible for the
county to force the former farmer to sell or in this case remove his home and find a
new house outside the state agricultural district.
I know that we have said that this is temporary housing and that is why
concrete slabs are not allowed, but guess what? Post and pier is not so temporary
either If we're requiring that farm worker housing comply with county building
codes, then post and pier homes are not as temporary as you may be led to believe
COUNCIL MEETING -20- June 9, 2010
As stated in one piece of written testimony that has been received for the record, the
intent of the bill is not to provide any new entitlement to density, but to provide
clear criteria to administer a special use permit for worker housing which is
completely contingent upon demonstrating need and continued use for commercial
farming purposes. When that use goes away, then these worker housing units go
away In my opinion that is not likely to happen and I don't blame anyone. I
wouldn't be able to tear someone's house down if they fail to farm, especially when
we consider that the average farm only makes $10,475 Heck, I wouldn't even have
the heart to put fines on them. So, I appreciate the fact that many of you have
worked hard on this bill for three years and I can understand your frustration with
me. You have every God-given right to feel this way and I accept this.
But I've also been at work too. For the past several years, even before I
became a member on this council, I've sat on KEDB's Food and Ag Committee and I
must admit that I haven't been as active as some other members, but nonetheless I
was asked to serve as I do have some experience in the retail sector which deals
with local ag, and here is what I see as an alarming concern. If we have the data
proving that the average farmer is only making $10,475, how is this farmer even
surviving? If one only has to work 19 hours a week, is that considered fulltime
farming? And sure down the line housing for farm workers may be a part of the
solution, but I think the overall issue is worker housing in general, not just for farm
workers. Farm workers are not the only ones that need housing. We're talking
about office workers, shop workers, hotel workers, restaurant workers. In fact I just
ran into my old doctor and asked her how the medical business was doing and she
said not that good and I asked her why And she replied that the average doctor
coming out of school is in debt $300,000 to $400,000 and with that kind of debt, they
can't even qualify for a loan. Imagine that. And so KEDB has identified some
challenges and opportunities to help farmers become first and foremost profitable
because if you can't even pull in a profit, how can you even afford to build a home.
So, some of the challenges that I have identified are that there's a lack of
collaboration and cooperation between the food industry and farmers. The cost of
freight has doubled in price. The cost of materials has increased. People don't
know where to buy local products. People are not educated on the value of buying
local. Customers want to buy the cheapest product available, which in most cases is
not locally produced. There's a huge misunderstanding that local means cheaper
and that is not the case. And yes, they have also identified that affordable housing
for farmers and farm workers is lacking. There's an absence of good market
information flowing between consumers, which include restaurants, grocers, etc.,
and producers, who are the farmers, and this hampers growth on both ends of the
supply chain. Farmers need training in business and marketing. The industry
faces a shortage in farmers, and students are not interested in farming as a career
Along with these challenges, it would be half empty if I didn't find and
identify some opportunities. These are not my ideas. These all come from KEDB,
they're a collective effort. Some of the opportunities is that renewable energy is a
growing component of agriculture. More than two-thirds of all produce is shipped
into Hawaii creating opportunities for import substitution. Export potential also
exists because agricultural exports increased 23% from 1997 to 2001, ranking
Hawaii 7th, that's 7th among 50 states in export growth. There is a growing
consumer interest in organic products, quality branded produce and exotic varieties.
You know this list goes on, and on and on and basically what this is is me with my
business hat on looking at the logistics of a bill and trying to find ways on why a bill
wouldn't work and why this doesn't make sense and why we need to address other
things first.
COUNCIL MEETING - 21 - June 9 2010
1 wrote that and I finished that at 1.37 a.m. and I emailed it to my office here
at 1.37 a.m. I fell asleep at 2:15 a.m. And some time between 2:15 a.m. and
5 o'clock in the morning something happened, and I'll share it with you and I was
contemplating how do I get my message across without sounding completely crazy
So just bear with me while I try to express my points of view
I went to sleep at 2:15 a.m. and I was. and I had a dream. I had a dream.
And I want to show you guys a picture. I don't have a PowerPoint, although I'm
Generation X, I'm going to go old school on you guys. This is my PowerPoint
presentation. This here is a picture of my mother's side of the family, the Kashima
side of the family And if you were to look up close at this picture, you'd see a little
girl here. That girl is my mother That's my grandmother Dora Kapaka, my
grandfather Mutsumi Kashima, my uncles, my aunties. And here's a guy here you
guys might know, some of your farmers, his name is Ed Kawamura. You guys may
know him. If you look closer, they're all barefoot because they were all farmers.
And so I had a dream about this guy here. His name is Edwin Kashima and he was
my favorite uncle. He was the only uncle that I could relate to really because he
was the kolohe one, but he was the one that farmed. He farmed till the day that he
died down in Hule`ia. And I would go and visit him on his farm and I think last
night he came to visit me and this is my "what the hell is he talking about" moment.
But in this dream I was walking barefooted and I have dreams all the time and
some people complain that they don't ever dream. Some people say that they dream
in black and white. I dream in color, but this is the first time in my life that it's
been so vivid. And I'm walking on this dirt and it's the first time where I can
actually feel the dirt beneath my feet and as I'm kicking up this dirt on this farm, I
can smell the dirt and I can smell the essence of a farm, which I haven't smelled
since he's died I've never been down there And he had a little shack that he had on
this farm and it was probably illegal, but he's dead. So it's not like you can go out
and fine him now But he built this little shack out of shipping crates. You know,
the pallets, he got it from Big Save, it's another half of a. But he built this little
farm dwelling and I remember going down there and I remember leaving his farm
and always feeling kind of bad that he had to live in such conditions. Now I don't
know the reason behind this dream, but all I can say is that there was a reason for
it. And in the Japanese culture this is obon season where your ancestors and your
dearly departed come back to visit you, and I'm not so superstitious in the case that
I carry a rabbit's foot in my pocket. But those who have traveled with me, like
Dickie Chang and Ron Kouchi, know that when I travel, I always carry my ti-leaf
and Hawaiian salt, and I don't know why I think it's because I carry a piece of
Kauai with me wherever I go and I feel that it protects me. But last night, and I
don't know if it was a coincidence or if it had anything to do with anything
supernatural which I don't believe in really, but what it did to me is it reminded me
as to where I've come from.
You know, this whole time on this bill I've been looking at this thing from a
business perspective, looking at the logics, why it doesn't pencil out and why it
doesn't make sense. But last night I woke up and I woke up so startled that I my
wife woke up and I was in tears and I haven't cried in a long time, but I've come to
the conclusion that somewhere along the line, I forgot where I came from. You see,
we're not a family of businessmen because I'll hold up another picture. This is the
Kashima side and this is the business side, the Kawakami side. And before these
guys became businessmen, they were all farmers in Fukuoka, Japan. And
somewhere down the line as I was trying to think logically as to why this bill
wouldn't work and why it's not going to be the cure-all for farming, I forgot where
my roots are and oftentimes politicians will forget where they've come from and you
hear it all the time. You hear comments about people saying that this guy has
forgotten where he's come from and I must admit that 1, indeed, had forgotten that
COUNCIL MEETING -22- June 9, 2010
my roots have come from farming, that the only reason why I don't have to farm is
because someone before me worked hard on that farm to make sure we had better
opportunities.
And so, it is against my grain, I guess. Some people have said that I have a
backbone of steel, but I have a change of heart on this bill and I can see the merits
of it. And when I look into the eyes of farmers like Louisa Wooten and when I look
into the eyes of farmers like Roy Oyama and when I look into the eyes of farmers
like Jerry Ornellas, it reminds me that I'm looking into the eyes of my own `ohana
who's come before me. And so I'm ready to support the bill. I understand that we
may need some time to work out some kinks. This is a complete 180 from
everything that I've written and I want to say that I still stand strong, that this is
not going to be the cure-all for farming and I think that the work needs to continue
and if anybody thinks that by us allowing these farm worker dwellings to exist that
all of a sudden ag is going to be in a better place, I still believe that it's completely
false and a lot of work remains to be done. We need to look into how we can create
opportunities. We need to look at how we can create commercial kitchens so that
we can transform raw goods into value-added products that are ready to hit the
store shelves. We need a slaughter house so that ranchers can process livestock and
prepare them for marketing because the art, and it is an art, of butchering
carcasses is almost gone. There's very few people that know how to break down
cattle into something that's ready to hit the store shelves. We need a treatment,
packing and handling facility so that farmers can wash, pack and store their
produce to keep products fresher longer, but most importantly, we need farmers and
they need to be able to make a living. So if this is a small piece of the puzzle, if this
is going to be an incentive for some young guy to want to get involved in farming,
then I can support this. Thank you for the opportunity to give you guys my "what
the hell is he talking about" moment and I'll turn the floor back over to you, Chair
Chair Asing: Thank you. With that, let me do this first. Let me
have the public up first. Is that.
Mr Kawakami: Absolutely
Chair Asing: Okay, with that I'm going to open it up to the
public for testimony
There being no objections, the rules were suspended.
ANNE PUNOHU Aloha, Anne Punohu for the record without a
walker You had an epiphany, bruddah. I'm very proud of you. I was going to bring
out the big guns today I guess maybe I don't have to bring out such big ones now
For those of you who may be on the fence on this issue, you have a packet before you
that I. hopefully you all got it. I'm here to bring up a different angle. You are
federally obligated to provide safe, humane, sanitary and decent housing to all
migrant farm workers and farm workers in this state The federal law supersedes
any law made in this room. If the county makes laws and rules that prevent the
humane treatment of farm workers, then the county itself is liable for federal
violations. Currently as this law stands, this law makes farmers in a terrible
position. It causes them to violate a federal law by not being able to adequately
provide, and if you read my packet you will see what they are not being able to
provide, for those workers. It also makes them violate the current county law by
trying to provide something for the workers. In my humble opinion, Mrs. Wooten
should be given back her kitchen sink immediately after this meeting. So this is the
issue that I want to bring to you. You have no choice but to pass this bill, and
Derek, your testimony has given me absolute chicken skin because that's the reason
that I'm sitting here representing the Kauai for Housing Law Coalition because I'm
COUNCIL MEETING -23- June 9, 2010
representing the workers and the people who are sitting in the dirt right now in
tents because they have no housing, and the farmers need them to produce that
business plan that you were talking about and increase their production so that
they can qualify for all of these programs so that they can increase the production in
the State so we can do that business model that you're talking about. So, if you
support the farm worker bill, you will actually be supporting both sides of Derek's
mind. And I know that each and every one of you and myself included have been a
part of the agriculture community on Kauai. I have been on all sides. I have been
a worker; I have been a supervisor I have seen worker housing work, but I cannot
stand to see people living in the dirt when their only desire is to do an honest day's
work for an honest day's wage and have a decent roof over their head. It is wrong to
put the people that produce the food that we need on this island to be put in a
Catch-22 of violating two laws while at the same time just trying to eke a living out
of the ground.
Mr Nakamura. Three minutes, Mr Chair
Ms. Punohu: So I hope that you will take my words to heart
today and never, ever make another law that discriminates against a group of
people and puts them in the dirt and takes a sink away from a woman who's just
trying to provide them a decent meal. I hope I never have to see that again on
Kauai. And as far as compliance and as far as making this work and expediting all
of the certificates that are involved in this process, you have no choice You have to
do it. If you don't, you violate the federal laws and if you have any doubt about
that, it's all in the packet there. Mahalo.
Chair Asing: Anne, you want to wrap up? Oh, you did. Thank
you. Is there anyone else?
Mr Nakamura. Council Chair, we have two registered speakers.
Chair Asing: Go ahead.
Mr Nakamura. Felicia Cowden, followed by Sharon Boll.
FELICIA COWDEN Aloha, I'm Felicia Cowden, and I'm really glad that
this is before this group and I think it's such an important thing, and Derek, I. I
really, really honor what you have shared with us and I think like appealing to that
business mind element of it is when we look at what is in the average, that's an
important part, you know The average might be $10,000, but there are definitely a
number of farmers, a few in this room here, who do us a strikingly good job I know
they struggle, but they do a lot of provision and it just takes looking at their farms
to see how much food is there. And I think that we've got to really be careful to not
be criminalizing a noble profession. And these people who work and live in tents
and just above the dirt, as she was saying, they love what they're doing and they
love the soil, and I have recently just gotten so into my own little backyard farming
that I. I really extra appreciate how important it is and how easy it would be for
Kauai to provide its own food. But we cannot possibly do it without farm worker
housing because it. monocropping won't feed us all and we need to honor our
history, both longtime history, the time of the Hawaiians, but even in the sugar
time, they had the farm worker housing. It's really important, unlike office work
and other things that when I had a business, it was a really critical issue for me
because I couldn't find housing for my entry-level employees. But it wasn't
essential for them to have immediate proximity to their job and in the farming
thing, you can't leave your fields, not a long way So, I don't want to talk a long
time, I just want to say food security for Kauai is a really big deal. It's a really good
thing to do for our entire planet when we see the oil all over the gulf right now All
i
COUNCIL MEETING -24- June 9, 2010
this food that we bring in, that's part of that oil. It's not endless. We need to be
starting it now, so we can honor all our ancestors, every one of them by having good
farms, diverse farms and I want to say mahalo big to all of those farmers who've
been struggling on little water and not much support. So thank you, thank you,
thank you to the farmers and thank you to all of you for this important legislation
that you're considering.
Chair Asing: Thank you.
Mr Bynum. Thank you.
Chair Asing: The next speaker, please.
Mr Nakamura. Next speaker is Sharon Boll.
SHARON BOLL. Aloha Council, good afternoon.
Chair Asing: You want to pull the mike closer to you.
Ms. Boll: Sure. Aloha Council, good afternoon. I am Sharon
Boll and I have come here today to support the farmer workers' housing bill and
that's really the most of what I wish to say It's important for us to support the
farmers so that we can be sustainable. And if we can't feed ourselves, we are living
in a world that is quickly changing and it's important for us to support the people
that feed us. So, I just want to say thank you very much and I hope you'll consider
that. Mahalo.
Chair Asing: Thank you.
Mr Furfaro: Thank you.
Chair Asing: We don't have any more registered speakers. Is
there anyone else in the audience who would like to speak?
NED WHITLOCK. Chairman Asing, Councilmembers, this last week.
Mr Furfaro: Ned, you have to introduce yourself.
Mr Whitlock: I'm Ned Whitlock, a farmer In this last week at
our Farmers Market, we just put out a sign-up petition just for people, hey, do you
support this. This is just people. We're not beating the bushes. This is just people
coming to us, buying food and we have over 102 people, local residents, no tourists,
and just signed on, saying yeah, we support this bill. And so, the farmers may be
few, but there's a mountain underneath them and I think Derek, thanks for your
inspiration and just. a farmer and their land are inseparable and as far as making
a living, if you're... if you're into it, Kauai is. is one of the best places I've ever been
to make a living at farming because people are appreciative, the weather's great,
and there's so much opportunity here for us, but it's how to reconnect the people
with the land and grow more food. And this goes a long way of addressing some
issues that need to be addressed. Thank you.
Chair Asing: Thank you. Can we have the next speaker, please.
Mr Whitlock: May I hand this over to the Council?
Mr Furfaro: Yes, we would like to have that Ned. One of the
clerks will accept it from you. Thank you, Ned.
COUNCIL MEETING -25- June 9, 2010
LOUISA WOOTEN Council Chair Asing and members of the Council,
Louisa Wooten for the record. I have no prepared testimony and I was very moved
by Councilmember Kawakami because it is a history It's his wonderful history
It's the history of so many other people on this island. It's my history It is the
future of our family which sits back here in my son and daughter-in-law, who went
away to college and got some fancy degrees that cost us a whole bunch of money
We had to work really hard while they were gone and I'll be darned if they didn't
come back here and decide they want to be farmers. And there's few and far in
between that want to do that, and Ned's son also came and stated that he wanted to
do that too, and so maybe it's a gene of insanity, I'm not sure. But I just.. anyway, I
just want you to know that I was. didn't know what I was going to say here today,
but I just want to thank you for all the thoughtful discernment and for your
leadership and for your listening and for all of us trying to work together because it
is a beautiful, wonderful place we live and if we can all just get on the same track, I
think that we can do wonderful things in agriculture, in tourism, and whatever it is
that we want to accomplish because look where we're at and look at the
opportunities that we have. And really not much more to say, but thank you very
much and I'm so grateful to be with this group behind me. Thank you.
Chair Asing: Thank you.
Ms. Wooten. And before me too. Thank you.
Thank you, Louisa.
Chair Asing: Can we have the next speaker please?
RYAN WOOTEN Hello, my name is Ryan Wooten. I'm Louisa's son.
I came here with a big ole packet of things I was going to say, but after listening to
Mr Kawakami, I really don't have a whole lot to say, but I do support this bill. It's
very important to my family The kitchen sink that everybody's talking about,
that's my kitchen sink. That's the one that. we're the young farmers, we're the
aspiring farmers, we're the people that are the future of Kaua`i's agriculture. My
wife here, we also have two employees at the back that are also young farmers.
These are the people that we're protecting and they're also the people that are
supporting this bill. So I ask you, plead that you guys support this bill because I
really want my kitchen sink back. Thank you.
Chair Asing: Thank you. Can we have the next speaker, please?
JOANNA MALTAS: Hi, my name is Joanna Maltas, and I'm part of a
farm. I just want to thank you for your support. I really believe in these people and
what they're doing. I see it changes lives. And on the worker level, we do love what
we do, we love to experience and be reconnected with the land, meet people and be
inspired by what they do. I'm very impressed. I didn't know people like that
existed and that's great to see and understand. So thank you very much for taking
your time figuring this out. I really believe in these people and I'm glad to see it
working out. Thank you.
Chair Asing: Thank you. Can we have the next speaker, please?
Going once, going twice.
JOE ROSA. For the record Joe Rosa. As an old kama`aina here
on this island, I've seen how farming has gone to where it is at today's situation.
You take the Wailua Homestead area, it was homesteads for homesteaders, and a
lot of them ended up farming pineapple. They might have had 10 acres, but they
COUNCIL MEETING -26- June 9, 2010
would just farm 1 or 2 acres because for farm 10 acres, it was too big for them. But
fortunately, they had the pineapple cannery and also the sugar plantation that they
used to lease land up in Kapa`a Homesteads. Take Manuel Agell Sr., he used to
farm cane where Lihu`e Plantation used to haul it down by truck, if you're not
aware of it. As I say I'm an old kama`aina. Ching Fat above St. Catherine's School,
there was a portion in there after the plantation didn't want to start taking out cane
from there because the area developed into housing and everything was a hazard
for them, so it was sold to real estate. Housing came up Now there's a lot of things
that have discouraged the farmers here. The canneries have closed up The
plantation has closed up All those big acreage... farmers that had acreage that
used to be subleased to plantation or the canneries, they used to just farm and lease
the area. And they used to do mostly truck farming, tomatoes, peppers, cucumbers,
something that was fast, that you could get out. But those are the kind of things,
I've seen those changes. Like Mr Kawakami mentioned his uncle, the Kashimas
way down Hule`ia Valley I remember that. The uncle up , after he retired from
the plantation or the plantation closed up, he cleared acreage up in Puhi over there
and what he's doing? He was raising ti leaves to support himself. There's other
ways of farming, not only vegetable farming. You can do fruit farming in acreage
like that there, but also up in the Wailua Homesteads, getting back to that area, at
that time before the old territory had the ditch coming from the Wailua. big Wailua
reservoir, they used to call the East Kauai Water Ditch that used to supply the
farmers along the way there. I know the Fuji brothers had big acreage. They used
to lease it to the plantation, but after the. not plantation, but the cannery After
the cannery closed it up, they turned it into pasture. After the pasture came up,
real estate come up here, dingle the money in front their eyes, sell it out, it all come
residential. There was no control. Who's to blame? But here on Kauai, it's a
different scenario. Even Mr Roy Oyama, I think his family they they leased a lot
of their lands to the Lawa`i Cannery to plant pineapple because they had big
acreage The whole Kukuiolono Park area was all pineapple at one time, but was
all owned by the families, the Arakakis, the Kawatas, you name it, all Japanese big
homesteaders, but they're not there anymore. But they cannot farm those kind of
big lands, but they need support. If you want big acreage farming, you'll have to
provide some sort of housing.
Mr Nakamura. Three minutes, Mr Chair
Mr Rosa. And you know in the mainland, they talk about
sanitary conditions, but I'd like to know how that rural farmer way in the
boondocks. who's to take care his housing and. which had to do with sewer and
whatnot. I'm pretty sure they had cesspools or septic tanks. So you know, don't let
that kind of thing discourage the farmers from putting up something so that they
can be farmers and produce off the land. And help them by way of making water
available like that old East Kauai Water Ditch that used to be there. I remember
the territory used to go and take care that until statehood came about that's it.
Chair Asing: Joe, you want to wrap up, please?
Mr Rosa. You know, so I know my time is up, but I'd like to
leave you with some things that I've seen and you can help those farmers that need
help Thank you.
Chair Asing: Thank you.
Thank you, Joe.
Chair Asing: Can we have the next speaker up, please?
COUNCIL MEETING -27- June 9 2010
ROY OYAMA, Farm Bureau. Good afternoon, Councilmembers, Chairman
Asing. I'm Roy Oyama of the Farm Bureau. I just. I don't know how to start
because I'm not sure if it's going to be true yet, so until the time I hear the votes,
then I know because I had to ask someone in the back to pinch me if it's real what
I'm hearing. Anyway, I just want to be sure and I'm hoping that the votes go the
right way because before the meeting too, you know, several days we've been
batting around this subject, talking to each other in a group and trying to stall for
the new council. I mean, I'm talking about the future, okay And. and I don't want
to be in the tracks of always trying to defend ourselves, but we need to be in the
offense area. So, today or this afternoon, I don't know where it is. a no-fly zone like
we talk about fruit flies. A joke was no-fly zone, and someone else thought that
what, the airplane (that's the airport plant now) and that person thought what?
We're in a no-fly zone? That's pretty bad. I says no, fruit flies no-fly zone, okay
That's the joke. But anyway, to finish up, I want to thank our all of our farmers in
the back of me as well as whoever wrote to you, I want to really thank them very
much for sticking right, not to go overboard and trash you people. I want to make
sure you understand that, okay I'm very happy They are very professional to me
and I honor that. The other thing is what I heard now, the Farm Bureau wants to
work with anybody who wants to work with us to advance ourself from this stage
on, like getting agriculture in a new level, you know You gotta understand, the
mayor has been very committed to us and we support him very much because he
has committed for us to do the ranchers projects, you know, the flower people, our
disinfestation plant, and future of that and including upcoming in the matter of a
few weeks we'll be announcing a little bit more. So I just want to make sure that
this year the Farm Bureau had been very, very productive in working area and then
we are about to bring forward more. Also with the fair coming up, this is our
biggest moment of education to the public. The fair is welcoming everybody Yes,
we need the dollars because it needs to support us in that fashion and we also
support the scholarships. So in all, in closing, I want to thank everyone again,
every one of you as well as the farmers who came forth to keep the right issues on
the table and help us move forward. So I really want to congratulate you,
Councilman Kawakami. I'm just still wobbling around if I'm hearing right, okay?
So thank you, that's all I have.
Chair Asing: Thank you. Can we have the next speaker, please?
PATTY VALENTINE, Hawaii Farmers Union. Good afternoon Council,
Council Asing.
Chair Asing: Good afternoon.
Ms. Valentine- Patty Valentine for the record and with the Hawaii
Farmers Union. I want to thank you for your attention this afternoon. I was going
through my files before coming to the meeting today and pulled out the
526 signatures that I presented the County Council with two years ago that I
solicited from people at our Farmers Markets throughout the island, and you ve
already had copies made of all of this, but here's some testimony too that we need a
reminder of. Of everybody that I've been talking to on Kauai is talking about this
bill, whether you're for or against. It's in the air, it's been on the radio, it's been in
the newspapers, there's emails flying around. So, the decision that you all are going
to make is really going to have a very widespread effect throughout the island. We
all love Kauai. That is a given and that's a place that we all share our hearts from
in being here. We all want to see our county prosper and grow We all want to be
able to eat the food here and we certainly want the people behind us to continue
doing what they're doing and providing it for us. None of us wants to see ag land
abuse. Chair Asing, please know that none of us wants to see ag land abuse. I
agree with you that there was abuse in the past, but this bill has been so fashioned
COUNCIL MEETING -28- June 9, 2010
and so hammered out and so well thought with so much input that I don't even see
how somebody could even consider that they could get away with something with all
of the points that have been written into this bill, all of the provisions. And it is not
a perfect cure-all as Derek said. And we're not looking at it as if it is. We know
that there's more work to be done in our county There's always going to be more,
but it is a place to start and that's. that's really the intention that our community
group put behind creating this bill and having the council bring it forward to you
all. And I just want to thank you all for your attention and for your consideration
and I'm really (inaudible) to see what the vote's going to be like today Thank you.
Mr Chang: Thank you, Patty
Chair Asing: Thank you. Can we have the next speaker, please?
Is.
ANDREA BROWER, Malama Kauai. That's testimony from somebody else
actually (referring to a paper that she handed to a staff). (Inaudible.) Hello, good
afternoon, everybody I think that we all. oh, my name is Andrea and I'm from
Malama Kauai. And I think we all support agriculture and I think we all know
how critical food security is to the future of this island and to sustainability in
general. And one of the things that we obviously need to do is protect and preserve
our agricultural lands and there's a whole slew of things that we can do to advance
that mission. And some of those bills are sitting somewhere in the county, I know,
and one of them you just passed, the open density bill, and there's more work, a lot
more work to be done in that area.
The other thing we can do to support agriculture is talk to our farmers, our
existing farmers and find out what they need and I would like to acknowledge the
councilmembers who started over three years ago, Furfaro and Councilmember
Yukimura at the time, and then also Bynum and Kawahara, who have been
working proactively with the farming community to find out what their greatest
challenges are and work on the farm worker housing issue which has been
identified by many plans, many boards, and the farming community as something
that is really necessary at this time.
I would like to address. I love your dream Councilmember Kawakami. I'd
like to address some of the things that you said before that. One of them is the
statistics with the USDA and I just want to go on the record as saying that that is
an average and there's a lot of people who farm as a part-time occupation or just
maybe like one tree crop every year and so that brings the numbers way down.
Also, there's farmers that are under reporting for some reasons or that sell at
Farmers Markets and there's, you know, a lot of. there's the cash trading. cash
economy and this. this bill is really about helping the fulltime farmers and people
who are making a living doing it, and so I think to fall back on statistics like that
isn't. doesn't really make sense.
The other thing is about young people not wanting to farm and I know for a
fact that that's not true. There's a lot of young farmers here. My little brother, who
was born and raised here, he just went to school at UH Hilo, studied ag and he
really wants to come home and farm, but he can't because like you said, it's not
profitable enough and access to land is one of the major reasons. And to be able to
live on your land is one of the main things that's going to make farming more
profitable. I know that he has a lot of friends over there who want to come home
and farm, who are from here, and I know a lot of friends who are in the landscaping
industry and tourism industry who would love to farm, but we need to be
proactively supporting them and we need to really, really work together and. and
COUNCIL MEETING -29- June 9, 2010
move forward on the initiatives that we know are going to make farming more
profitable, and some of those you mentioned, but there's a lot of others that we can
gain insight on from our farming community
And the last thing is I do think that this bill is strongly written, but it is
going to need enforcement and I hope that we can, as a community, continue to
watch that and not just get all excited about the bill and then turn our heads. I
think we need to continue to address the enforcement issue. Thank you.
Chair Asing: Thank you.
PAT GEGEN Thank you, Chair Hello, Council. For the name,
my name is. for the record, my name is Pat Gegen. I just wanted to show you I am
a Farm Bureau member I do live on agricultural land, but Derek, I'll never make
$5,000 on my property I'll be lucky if I do that. I've just planted all my trees. My
daughter's looking forward to going to the Farm Markets and sitting at the back of
the pick-up truck and selling stuff, but at this point it's not happening. I do support
this bill. I do think that it is stringent in the requirements that are out there. I
think you've done a very good job of crafting those to ensure that the people are
truly farmers, not somebody like myself who says ah, a loophole. I wouldn't be able
to do it. That's not going to happen. So I appreciate all the requirements that you
have in there and I do agree with Andrea that the enforcement is very important
and I hope we can find a way to make sure that it is enforced. I don't want to see
the island overrun with additional housing units where they're not needed, that
aren't for real. So, if this is going to get us for real housing for farmers who are
making a living doing what they're doing and not just gentleman farmers putting
out their fruit trees like myself, I definitely support the bill. And I hope you take a
vote on it because I'm tired of pinching Mr Oyama back here. Thank you.
Chair Asing: Thank you. Is there anyone else?
JOANN YUKIMURA. Council Chair, Members of the Council, JoAnn
Yukimura. I'm really grateful that Councilmember Kawakami has chosen to follow
his heart and his roots because modern business thinking can
sometime.. doesn't. doesn't always add up and as Andrea pointed out, the average
of $10,475.00 per acre is really skewed because it doesn't give you the full picture
because pasture, for example, brings in small amounts per acre, but there are the
other more profitable farms and this bill is focused on the fulltime farmer of high
value crop
I also think it's really unrealistic to expect one bill to solve all of the ag
problems and if aff. land that. that is affordable for farmers is our goal, what we
need to do is to prevent country estates, which means really looking at our whole ag
subdivision law and dealing with that. So the thing that addresses
condominiumization of ag land and the bill that also addresses ag subdivision and
turns it into at least a Class IV process, those are really important bills and they
haven't moved forward in this county So that's something we need to look at, and
it's something that the farm worker housing bill cannot address. But to get one
piece in place, the very important piece of farm worker housing is important, and so
it can't get more important because, you know, transport, value added, nothing
matters unless you produce the produce in the first place, that is and that's what
farm worker housing is about.
And as Andrea was so astute to mention, this farm worker housing bill and a
very tight bill is just one-half of the formula. And Chair, you have shown by your
presentation that the other half is the administration and enforcement of a law
This body is a legislative body You do the laws. You create the laws. It is the
COUNCIL MEETING -30- June 9, 2010
mayor and the administrative departments, like the planning department, that is in
charge of administering and enforcing the law, and I have to say the track record,
with respect to vacation rentals, shoreline setbacks, all of these things haven't been
really good up to now and that is the area we're going to have to focus on once this
bill is passed because it's a critical piece. Otherwise, the worst case scenarios as
shown by the Chair could happen. So we really have to ask the administration to
step forward and do their part.
And the last part about how do you enforce the unenforceable, we have to
create enforceable laws and we have to do that partly by changing our mindset
because we cannot just use a commercially zoned place for a dump, nor can we use
conservation land for commercial. And at some point, we're not going to be able to
use ag land, at least the important ag lands, for residential. We're. it cannot be
solely for residential. We have to find ways to make sure that ag lands are being
farmed and are available for farming for future generations.
Mr Nakamura. Three minutes, Mr Chair
Ms. Yukimura. So we have a lot of work to do and that concludes
my testimony Thank you for all the hard work that you've been doing on this bill
and we look forward to positive results from you. Thank you.
Chair Asing: Thank you. Is there. .is there anyone else? Hang
on, let. we have others have a chance first. Is there anyone who has not spoken
that wants to speak? Please.
MELISSA McFERRIN Just very briefly because I have spoken on this in
the past, my name is Melissa McFerrin. I'm the Executive Administrator for the
Farm Bureau and I want to thank you for your dialogue on this. You know as this
is just one aspect and there's still much work to be done on this as well as other
issues, and we're here for the long haul to be a resource and work together When I
looked at our past testimony from a year ago when it started with planning, it's still
very consistent, which is we support worker housing with protections against abuse.
And we know that that is a very significant concern and we take that very seriously
and that we work together for some. for a few years, but since I started over the
past year and it's really been an active teamwork with councilmembers and with
various folks in the administration to try to come up with these 11 protections that
would help take this forward. Just one thing that was interesting to me this week
because Councilman Kawakami brought up the marketing aspect and I spend a lot
of time on that aspect and lately we've been working on value-added markets with
the Farm Bureau and KCC and also a new one is being introduced on the south
shore as well as the Kauai Grown Program. And as we've been going about
recruiting and talking with farmers for this, what we learn is that at one point we
run into supply and I think that is what this is about is on one hand working on the
side to build the demand and the value, and on the other hand working on the
supply side to see how can we help the farmers that are currently farming be more
productive and more profitable and that this is just one of many tools in the toolbox.
But what I. what was most important to me as a citizen is over the last 10 years on
Kauai, I have never seen so much attention devoted to agriculture. So, that is
something that I see as very hopeful for the future and everyone may not always
agree at the same time and there may be new solutions and additional points or
challenges that come up, but we're here to work together and we really appreciate
your time and dedication as public servants working together with everyone.
Mahalo.
Chair Asing: Thank you. Is there anyone else who did not speak
that wants to speak at this time? If not. you want to come up?
COUNCIL MEETING _31- June 9, 2010
Ms. Valentine. Patty Valentine again and I just wanted to share
one statistic that I did bring up two weeks ago at the last council meeting, but it's
the next tier of what Mr Kawakami was presenting, which is that yes, 65 7% of our
farmers earn under $10,000 annually, but the next tier is 22.6% earns under
$50,000. So if you were to extrapolate that figure, you could say that almost 25% of
our farmers could qualify, you know, at least being able to apply for this. So it
would be to their advantage, you know, and again that's the State's figure. That's
not necessarily what's holding true for Kauai, but I think there will be people that
this bill will benefit in a good way Thank you.
Chair Asing: Thank you. Is there anyone else? If not,
what. okay, go ahead, come up
Mr Rosa. For the record Joe Rosa. I think a lot of it here on
Kauai we have these problems as far as farming and all that. From the days when
JoAnn was the mayor I heard that we need land classification and there's no land
classification here on Kauai. Every. everything on this island is urbanized, so the
taxes are high. Everybody paying urbanized taxes. So if they have classification,
the farmers would probably fall in the rural classification and they'll pay cheaper
taxes. So, when it comes to the Comprehensive Zoning, I think that's where it
should be established, urbanization and rural, because urbanization you have all
the benefits of airports, shopping centers, you name it. But people that live out in
the countryside, they don't have those conveniences, so the taxes should come down.
There's no land classification. The land cost here in Lihu`e is the same in
Princeville or Kilauea. So where s the classification? That's something seriously
you guys have to think about. Where's the land classification? That's why the taxes
are so high. But the realtors will like that because they make their money and
again it's just you're taking care the greedy, not the needy Thank you.
Chair Asing: Thank you. Is there anyone else who wants to
speak a second time? If not I'll call the meeting back to order Councilmember
Furfaro
The meeting was called back to order, and proceeded as follows:
Mr Furfaro: Thank you very much, Chair, and for allowing me
some time to speak as the co-author of the bill. First and foremost I want to say
that there is still a little housekeeping work to do here and we might have to do a
deferral for two potential amendments that got us to this point. But more
importantly, I want to first of all thank Councilman Kawakami. I think his sharing
his reflection on this bill certainly demonstrates. you know the task that we have
here in evaluating bills and negotiating on merit and value, and I want to thank
him for his leadership and comments.
Secondly, I also want to say we do need to have some follow-up on the
outstanding issues that are in the Moloa'a area and perhaps that provides you an
opportunity, Mr Asing, to share something with us about concerns and how we
move forward on the administration and enforcement of this bill since that came up
in today's discussion. You know this bill is not and was never intended to, you
know, establish an amnesty for those that have made violations, but it certainly is
intended to give people the opportunity to clean up any violations that they might
have as they present their application for farm worker housing in front of the
planning commission.
COUNCIL MEETING -32- June 9, 2010
You know finding solutions as a group or this council, I'm very proud to be a
member of this council. We've been working on this almost for three years and yes,
it was about two years ago that we got the first signature petition supporting the
bill. But we've had a lot of good dialogue and we have 11 conditions in the bill as it
is now ranging anywhere from quality of revenues related to the entitlement of any
farm worker housing to also making certain that certain codes are met. And it has
been somewhat as a soft message or a soft negotiation on these points in the bill,
but it was really intended to avoid conflicts without having people to get. or become
angry about perhaps losing their position, but really watching out for everybody's
concern and come to some mutual agreement. And that is one of the reasons we
have those conditions and controls in the bill. I. you know, I think we've done a
very good job on focusing on the interest of supporting farming and not focusing on
individual positions and really standing up to the issues that are out there that we
have to fix. It's not the responsibility of this council to administer rules and
enforcement which has been brought up, but it is certainly our need to qualify the
departments that are responsible for that to move for the best interest of the
County of Kauai. And so I want to thank you for your presentation, Mr Asing, and
you know, the mutual respect that we have to have for each other coming to a final
bill. It's not a perfect bill, that has been mentioned by all and is intended really
until we have something in place with the important ag land development. But I
have always supported the bill and will continue to do so, but if there is a need to
defer this for two weeks to clean up some housekeeping items, I will certainly be
supporting that, but I would like it to be no more than two weeks and get to a vote.
Chair Asing: Thank you. With that, Councilmember Bynum.
Mr Bynum. Thank you, Mr Chair It's a really interesting day
I want to start by saying that I too think it's a real honor to serve on this council
and whether we agree or disagree, whether we're getting along or squabbling, I
know that every person at this table cares deeply about this community and has a
lot to contribute to the decisions that we make. This has been a real blessing for me
being a councilmember and this issue in particular because I got to meet many of
you and I've learned many things about farming over the last seven or eight years.
I remember two or three years ago, I got really inspired after coming to a Farm
Bureau meeting and learning there that. you know, I had to. I went and looked up
Laurie He to get my "I Support Kauai Agriculture" bumper sticker to put on my
truck because I really, you know, wanted I think sincerely, like everybody in this
room, to support agriculture. But to find the ways to do that is not always easy So,
I want to say that I had some real concerns about this bill a few months ago. I
expressed those here on this floor because I do believe that land is precious and
agriculture land in particular is precious and I believe that there has been lots of
abuse of agriculture land on Kauai and continues to be. But as I watched this
wonderful process of community and government work out these issues, really
sincere caring people that are putting their nose to the grindstone and coming up
with solutions to make this bill work. It's been said several times today and I agree
totally, this bill is not a cure-all. It doesn't address all of the issues that we need
and it is not going to impact everybody, but it sure is going to impact those people
I've met who are out there working really hard and putting out the $35,000 gross
sales or more, you know, of farm product into our community and that's very
important. I want to say that that $10,000 figure is a net figure. That's income. So
I had a small business on Kauai for 13 years. I remember the first year I made
$10,000. I had gross sales of over $100,000 to make $10,000 net and I suspect that
farming is similar, that the cost of water and fertilizer and labor and tools make
that..and so this bill, the $35,000 is gross sales, not net income and I think that's
important, and that's a very important litmus test for this bill. But. and as we've
gone through this process, I've learned a lot from Councilmember Kawakami and
the work that he's done was a business member and things that he's done on
COUNCIL MEETING -33- June 9, 2010
DBEDT The outlines that he gave us today are a good example of the issues, many
issues that we have to address other than this bill. But as it came together over the
last few weeks and I've written many of you this week, I support the bill as it's
currently written. In some ways it's a little maybe even too stringent than it needs
to be, but I accept the position that we're at and I'm more than willing to look at any
additional amendments to make it work and come to a consensus.
But having said that, I also have to say that I am deeply concerned about the
abuse of ag land, so I want to talk about two different kinds of businesses that
currently operate here on Kauai. I've met many of you who are.. I consider small
and medium business owners. You work really hard and you know, you've basically
approached government and said help us address this housing issue so we can
increase production. Production is important. I was really moved by this
testimony many a bunch of the testimonies I was moved by, but this one had a
different perspective. It's from a company that. a business that I don't know about
called Cultivate, which seems to be helping people market, helping farmers market
and it's si..it has. it cites many of the restaurateurs on the island who are buying
local produce, who really want more. And I want to read this one paragraph. It
says, "Cultivate can market, sell and deliver anything that's grown, but we
currently need 10 times the supply to certify our clientele and that's without any
growth in accounts. Speaking from a purely business side of the issue, Cultivate
needs our growers to grow more food so we can sell more and there is absolutely no
way we can do that without the support of a reliant employee base, something that
will happen only with the passing of this bill." I think Mr Kawakami's made it
clear that this bill's not going to answer that question about a reliant employee
base, but it's going to help and it's going to help a lot, and that's why I support this
bill. So we have these small and medium business owners who are saying, let us
have housing for our place and we're saying, okay, but you gotta demonstrate
$35,000 two years in a row, you have to. and if we let you build a house, it can't be
bigger than 1200 square feet and it has to be built in a certain way And so, you
know, I think those are the kind of restrictions we put in the bill.
But I need to say that at the same time on Kauai we have businesses that
are perhaps larger that are making hundreds of large agricultural subdivisions,
building housing that has no limit in size, no expectation that any agriculture will
occur, and I know since the council last chose not to regulate that in 2008 that
there's at least 400 new ones, right, and I think probably a lot more. So, we need to
look at the whole picture and I've heard some of that testimony today We're
concerned about farmers and we put all these restrictions on and we may or may
not pass this bill, but we have yet to do anything about wholesale subdivision of
agricultural land for no agricultural purposes in ways that dismantle intact water
systems. When you draw lines and divide things up in ownership, it's hard to put it
back together And so, you know, because the other thing that Mr. Kawakami said
that I agree with totally was that we have to address affordable housing in general,
okay But the housing that we're building on agricultural land-I always have to do
this disclaimer, I live on an ag lot, okay, bought it 10 years ago when it was
affordable for local people, but it's not affordable anymore These new ag
subdivisions, the land goes for a half a million or more and no agriculture is
occurring, and our General Plan asked us to address this 10 years ago and we have
yet to do it. I want to read one paragraph from our General Plan, "Contrary to
policy, the regulatory playing field is skewed to favor large lot residential
development of agricultural land over residential development in urban areas."
Now we know smart growth is to make more working class neighborhoods in and
around our towns, and I ask you, how many of those have we made? We haven't
because the regulatory framework is skewed in favor of doing the wrong thing on
agricultural land. This issue has to be addressed. So I'm thrilled to see this focus
on agriculture, on sustainability on growing our own food, about becoming less
i
COUNCIL MEETING -34- June 9, 2010
dependent, about getting young people back into farming. That's all great, but we
have to look at the whole picture, and so I'm confident that next time around with
this new renewed concern about preserving agricultural lands that we will be
successful in creating the regulatory framework we need to manage our agricultural
lands more wisely So I'm prepared to vote on this bill today; however, I'm prepared
to defer it if and continue to work on it to see what the issues are. But I'm glad
and I'm thrilled that we're not voting it down today it appears. So, thank you very
much for that opportunity
Chair Asing: Councilmember Chang.
Mr Chang: Thank you, Chair First of all I'd like to say,
unfortunately I didn't have a chance to dream because I didn't sleep. It's pretty
interesting because I was at a function last night and I kind of kiddingly when
everybody knew what was on the agenda for today, they asked me how I was feeling
for tomorrow, meaning today, and I kind of kid to them I was still trying to figure
out how to call in sick for today But I am here and I'm going to start off, because I
didn't have a dream, but what I would like to try to express to you folks and I hope
you don't take this contents wrong, but I want to just say the Lord works in
mysterious ways. Let me just explain to you folks why Last Wednesday it was
about 6.30 p.m. or so that we took a break for dinner We were going to come back
at 7.30 p.m. and there was a few just a small handful. I think the Whitlocks were
here, Cynthia Chiang was here, and we were about ready to take a vote.
Councilmember Kawahara was called. a previous plan on business to fly out to San
Diego. Little did we know that we were going to. Patty might have been
here. little did we know she had to catch the plane. So here we were, we were
about ready to vote, but in fairness to and respect to Councilmember Kawahara and
our county attorney, we rightfully deferred the bill, keeping in mind had the
vote... it had been voted on, I don't believe this bill would have passed. It would
have been forgotten, no time to think, no time for testimony and everything else.
So, you know, what I would like to say is, you know, on a minute-by-minute
basis, hour-by-hour basis, I want you folks to know that the councilmembers are
always thinking. We're always thinking what about this, what about that, what
about this. I've spoken many times with Roy Oyama, many times with Jerry
Ornellas. We've talked to many, many different people within the community and I
would like to say is, you know, when we say we all support agriculture, I hope you
understand we all support agriculture, however, you know, there are concerns
because there are those that might say, hey, if we knew that we could get temporary
work housing, we would have bought the land a long time ago or there are people
right now with density that, you know, it may affect them having to have to build a
home or they can't build a farm worker housing. There's concerns about what about
those that want to start up. start up farmers. So there's a lot of different concerns
from planning to analysts and one of my concerns initially on. was a concern that
we all talk about and care about was the abuse, the enforcement, and what have
you. I think the last time I mentioned that I had the pleasure of being up on a
helicopter and I'm not sure how many of you folks have been on a helicopter lately,
but anytime you fly around the island or you fly somewhere specifically, I think you
would be in utter shock to see what has been built out there, okay So, if you guys
can understand what I'm saying, big homes, ohana house, swimming pool, heliport.
I think you get the picture as to why we were very, very concerned.
Now, I had the pleasure of going out with our Council Chair to Moloa'a and
we went from farm to farm to farm to farm. We looked at different places. We was
at Louisa Wooten's house. That's when I met Rachel out there and, you know, we're
doing our due diligence, but farming is all around us at this time. Sunday morning
I wake up, read the newspaper, see what happened, see if we got any cracks, if
COUNCIL MEETING -35- June 9, 2010
everything's all right, everything was good and I read the article by Louisa Wooten
and Andrea Brower. When I read that article, to and behold, who by omen is one of
the first guys I meet at the Taste of Hawaii, Keoni Kealoha, so we start talking
story But as you walk from booth to booth to booth to booth, guess what? More
local products, more local products, more local products, many of these farmers and
many of these restaurants are personal friends of mine that have supported me. I
don't want to mention their names, but they know who they are. Yesterday I was
down there at the Hyatt down at Dondero's. I'm not sure if you folks know, but
there's a farm right below Stevenson's and Dondero's. What are they growing?
Local products that they can use. So what we're going to be. what I wanted to say
is that I think it's a real tremendous blessing.
I think it's actually a very, very happy day for Kauai because I feel that
obviously we're going to be deferring the bill, but when I did talk to our planners
and our attorneys, I've been on the phone constantly and I mean call up the
planner, call up an attorney, think, call `em back and call `em back. This morning, I
did my walk. I have a yard. I have a mini-farm. Every councilmember has been to
my farm and I jokingly say, hey, will you support me for my farm worker housing.
And when I say jokingly, sometimes we think that people want to abuse and that's a
joke to us, but it's a true story It is the fact that we do need to also police and also
enforce and try to help out our county, but what I would like to say is prior to
becoming a councilmember, right before becoming a councilmember till about March
when Al Castillo took over, there were about seven county attorneys. Some of you
guys remember this. You know many of our attorneys were coming back and forth,
Honolulu-Kauai, Honolulu-Kauai, Honolulu-Kauai, but I believe that our
administration and our county attorney has assembled an incredible bunch of team
members that are bright, that are brilliant, that are young, that are hungry, and
they are ready to act when they are called upon the duty to defend this county as we
all here, I believe that the. they have made the stand that they're going to
scrutinize, that they're going to enforce and nobody wants to tear down a house, we
all know that. Nobody wants to do things as such. But I do believe that at one
point in time when that happens, I hope that whoever's the first to violate, that
violator will get prosecuted as quickly as possible because if you know the process,
you got four months to tear down what you need to tear down. A week later, two
months later, 119 days later, you know what, county? You tear `em down. You tear
it down. From that conversation that may take two years or so before there's any
face-to-face at one time or another So, if you multiply that always. that is the
concern that ultimately it's going to be the taxpayers. So, hopefully down the road
we may have perhaps a hearing. hearings officer that can actually, you know,
police the county code as far as vio. the county code as far as violations are
concerned. So there are amendments that I'm sure some of the councilmembers are
thinking about right now, but I do want to let everybody know that there's no
secret, that everybody is supporting. This is the. this is the wave and everywhere
else you go, I think my life is surrounded a lot about this issue. When I go into the
Marriott Hotel to do the briefings, what do we have with all the brochures?
Farmers Market, Sunshine Markets, so we can let our visitors know where to go
Luau at the Sheraton Kauai, a lot of different kinds of local food. Gaylord's
restaurant, now turned into 22 North, they got a farm that they're going to be
building back there so the chefs can get exactly what they want and they're going to
hire a farmer to actually make that thing go. So, you know, I think it's a. I think
it's a very, very happy day for Kauai.
We need to work on this bill a little longer because we want to make sure
that the. there are a lot of local people that don't come here to testify, but they also
too have concerns. So we gotta address their concerns because we do have to make
it fair for a lot of people. So I'm really, really thrilled with which the direction that
we're going to because I think in the long run, it's going to be really, really great
i
COUNCIL MEETING -36- June 9, 2010
thing for the island of Kauai. So, you know, I want to first and foremost thank
everybody for coming on over It hasn't been easy for a lot of people and I know I
saw a couple of farmers over here and I know that you guys are taking a lot of. out
of your time and lastly, as far as an omen is concerned, just a couple hours ago, I did
call my friend Ka`aina Hull, one of the planners that has been working interestingly
and long hours to make this happen, and it only dawned on me that his name
meant Ka`aina, the land, and I went, my goodness, that's what we're all about,
talking about the land. So thank you everybody and thank you for being patient
with us, but I do believe that this is a very, very happy day because I think things
will get done and straightened out and hopefully we can get it as perfect as possible.
Thank you very much. Thank you. Thank you, Chair
Chair Asing: Lam. Councilmember Kawahara.
Ms. Kawahara. Thank you, Chair I just wanted a point of
clarification for Mr Chang. My presence, if I had been present that day it would
have mandated a vote I the vote was called and then that. my presence, it would
have come out. it might have come out 3-3. So, my absence was not what was
going to kill the bill. If I had been here, there would have been six of us.
Mr Chang: What I was.
Ms. Kawahara. at which. we would have had to take a vote.
Mr Chang: Correct.
Ms. Kawahara. Yeah.
Mr Chang: But we would have and by the way we would have
taken a vote. There was a call to take the vote, but we decided out of respect and
with the advice of our attorney not to take the vote because you weren't going to be
here. And if I can just add this to say this, I talked to a long, long, long time
councilmember and I asked the councilmember, when was the last time that there
was a critical bill that went 3-3 and it just pssst out. He couldn't remember it. And
I just want to just say this for the record, I am happy for myself personally that
there is a deferral and I'm going to tell you why because if it went 3-3, the bill is
dead. The democratic process says there needs to be a majority One way or
another, whether it passed or whether it failed, something should be at the bare
bone minimum 4-3 or what have you. So I don't believe that a bill should be killed
because it's a 3-3. I think it's the democratic process and only fair that majority
rules. So that's.
Mr Furfaro• Excuse me, procedure Councilwoman
Kawa. Kawa.
BC, Videographer• Check your mike.
Mr Furfaro: Kawa.
Kawahara.
Ms. Kawahara. Hara.
(Inaudible.)
COUNCIL MEETING -37- June 9, 2010
Mr Furfaro: Councilwoman. I started by the gender,
I. Councilwoman Kawahara actually has the floor and I do want to reference the
fact that it was I that asked for the deferral. So let's recognize the protocol, she has
the floor
Chair Asing: Go ahead.
Mr Chang: I apologize.
Ms. Kawahara. Oh no, that was.. that was it. It was. it was. I
think it's pretty, hopefully clear
Mr Furfaro: I think it's clear
Ms. Kawahara. My presence. my presence would have possibly
killed the vote, so. But, you know, me being on the posi. one side and the other
three on the other side. So thank you, thank you.
You're quite welcome.
Ms. Kawahara. Yeah, thank you.
Chair Asing: Thank you. With that. yes.
Mr Furfaro: It seems I'm always making the motion about a
deferral. I would like to say that that's where I'm headed with this. I do want to
ask for a deferral for no more than two weeks. It is the intent to further discuss
maybe one or two more amendments that need to be in the bill, and I also want to
clarify for the body here that although we heard about issues about (inaudible), it is
this body that, and as past President of Habitat for Humanity, that has approved
housing in `Ele`ele, that we have done workforce apartment housing in the
commercial area in Lihu`e, and we have also done workforce housing in Waipouli.
So I think we've been pretty consistent when it comes to choosing locations. But at
this point I would like to say and in respect for the Chair needing to make a
presentation to us so we can follow up on Moloa'a, I would like to ask that we defer
the bill for no more than two weeks with the intent that we will call for the vote.
Mr Bynum. Second.
Mr Furfaro moved to defer Bill No 2318, Draft 3, seconded by Mr Bynum.
Mr Chang: I'd like to make a. I'd like to make a motion to
defer no more than two weeks.
Mr Bynum. Second.
Chair Asing: He made the motion, so you can.
Mr Chang: Oh, I'm sorry, I didn't.
Mr Furfaro- I'm just looking for a second.
Mr Chang: Oh, okay
Mr Furfaro: I have two seconds.
Mr Bynum. Second.
COUNCIL MEETING -38- June 9, 2010
Chair Asing: Okay There being no discussion on a motion to
defer, all those in favor, say aye.
The motion to defer Bill No. 2318, Draft 3 was then put, and unanimously carried.
Chair Asing: Thank you. This concludes the meeting.
ADJOURNMENT
There being no further business, the meeting was adjourned at 3:23 p.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk
/ds/wa