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HomeMy WebLinkAbout04-21-2010 Special Council Meeting Minutes SPECIAL COUNCIL MEETING April 21, 2010 The Special 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 Thursday, April 1, 2010 at 8:50 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 Lam T Kawahara Honorable Derek S.K. Kawakami Honorable Bill "Kaipo" Asing, Council Chair APPROVAL OF AGENDA. Mr Furfaro moved for approval of the agenda as circulated, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please PETER A. NAKAMURA, County Clerk: Next matter on the agenda is a Legal Document communication C 2010-103. LEGAL DOCUMENT: C 2010-103 Communication (04/15/2010) from the Mayor, recommending Council acceptance of the following: Dedication Deed by Kauai Development LLC, conveying to the County of Kauai approximately 138 acres of real property identified as Tax Map Key (4) 3-5-001-102 and certain parcel of land (being portion of land(s) described in and covered by R.P 4480, L.C. Award 7713, Ap. 2, Part 1 to V Kamamalu) situated, lying and being at Kalapaki, Hanama'ulu, Lihu`e (Puna), Island and County of Kauai, State of Hawai'i, and further described in attachment Exhibit A. Mr Chang moved to approve C 2010-1036, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: What I'd like to do is open it up to the public first, is there anyone in the public who would like to speak on this item? If not? Kevin? There being no objections the rules were suspended. KEVIN SHOWE. Good morning Council Chair and Councilmembers, I am Kevin Showe, Kauai Development LLC, this is a very momentous day for us because it's been a lot of work. I think we started this process back in 2006 on a previous zoning for the Kauai Lagoons Resort. At that time we were meeting with Council Chair Asing and Councilwoman JoAnn Yukimura to talk about the potential dedication of this land for a regional park. I remember very distinctly Councilwoman Yukimura said it could be a Kapi`olani Park which really hit a cord with me living on Oahu and enjoying that incredible facility So you know I went SPECIAL COUNCIL MEETING - 2 - April 21, 2010 back and visited with my partners at Kauai Development and the Marriott folks and they absolutely embraced the concept of the idea and again it's been four (4) years ago that we've. you know in the making. This is certainly a great occasion for us. A lot of people to thank, certainly the past Council, our current Council had played a very important part of our request to transfer our density which then allowed this land to be then go forward for you know the public purpose which you. obviously you'll have the ability to determine how it's going to used in the future. We had met with you know Mayor Baptiste, then Parks Director Bernard Carvalho, and it was a. they also were equally excited particularly as this would be a very large piece of the puzzle of the Ahukini and Nawiliwili trail, coastline trail. It's about a mile and a half of beautiful pristine coastline as a very nice exposure you know for the people who like to fish and enjoy the beach and have a wonderful little time spending down the beach there and we know that it'll be a great resource for the community as it's being developed in the future. Council has certainly been very supportive all along. I want to thank Council for all that support, the Planning Department, Ian Costa and his team, Mike Laureta I know was very busy with the comprehensive application to make this whole thing happen, we thank them as well. And again for the Planning Commission too for their approval, it was very well supported, totaling within the community Anyhow so we signed this morning, the dedication deed and we certainly are very happy to include this step and a very important step and now it's going to be for the County to maximize this park for and an opportunity for the people of Kauai. Thank you very much. Chair Asing: Thank you. Any questions for (applaud) Chair Asing: Kevin thank you. Is there anyone else? JOANN A. YUKIMURA. Good morning Chair Asing, members of the Council. JoAnn Yukimura for the record. I just want to say that Kevin Showe is a man of his word and I want to honor and thank him for what he has done along with the help of Ron Kouchi because Chair Asing and I had no idea but it was Kevin's heart for the community and his openness to this really big idea and both his and Ron's ability to actually make it happen so I just want to really thank them. And I want to thank Chair Asing and all of you and all the people that Kevin has mentioned who have made it possible. This will be a legacy for the people and something that we'll endure for generations so thank you very much. JAY FURFARO• Thank you JoAnn. Chair Asing: Thank you. Is there anyone else? If not I'd like to call the meeting back to order, is there any further discussion? Councilmember Bynum. TIM BYNUM. Thank you Mr Chair, I just like to take this opportunity to thank yourself and Councilmember Yukimura and the Councilmembers that were here prior to my involvement with the County Council for really having a big idea, working together it's a.. it's a really good story about collaboration and you know I really appreciate that, that history coming to fruition and it is a monumental day you know to have this section of land in the public trust in perpetuity is an outstanding achievement, thank you very much Mr Chair SPECIAL COUNCIL MEETING - 3 - April 21, 2010 Chair Asing: Thank you. Councilmember Furfaro. Mr Furfaro• Yes Mr Chair, I want to personally thank you for your focus on this vision along with Councilmember Yukimura. Of course Kevin Showe and his group but also a colleague that I served on the Council with Mr Ron Kouchi. I also want to thank him for kind of a taking this under his wing during the time he had an association with Kauai Lagoons and I just want to thank Ron as well. Chair Asing: Thank you. Any. go ahead. LANI T KAWAHARA. Thank you Council Chair Chair Asing: Councilmember Kawahara. Ms. Kawahara. One of the hardest things I think coming on is being able to show how much, how thankful and how grateful I am for all the people that does. did the work for such a long time before Thanking Mr Showe and Mr Kouchi, Chair Asing, Councilwoman Yukimura, all of their hard work that came before this actually actual crowning moment is something that should be recognized as having gone on way before I've gotten here, so I want to thank them and really tell them how much I appreciate their hard work and their persistence in making sure that this happens. Thank you. Chair Asing: Thank you. Councilmember Kawakami. DEREK S K. KAWAKAMI. I also want to thank everybody who came before and carved the path. This place, this area is near and dear to my heart. We grew up back there and all the Kalapaki boys they know exactly where that spot is because we named that place "Strobes" because when you go fishing at night, the light from the airport will light up and it looks like a disco, so we nicknamed it "Strobes" way back and it's just good to know that my kids will also be able to enjoy that same area, it's very wild, it's untamed, I hope we can preserve it that way, thank you to all the parties who were involved, mahalo. Chair Asing: Thank you. Councilmember Chang. DICKIE CHANG Yeah thank you. I want to say aloha also. I guess I have a little bit of different perspective. I came here 1987 to open up then the Westin Kauai Hotel, so I remember four-wheel driving and looking at that area and very recently flying into Kauai I usually hope to get lucky so I can sit on the left side facing the front so I can see Nawiliwili and see Kalapaki but this time I sat on the opposite side, the right side landing, but when you see that whole area and how pristine it is knowing that it's going to be preserved, very, very spectacular and I just want to thank the Chair and those who sat prior to 2006 on this Council and of course former Councilmember Yukimura and former Mayor Yukimura and of course Ron Kouchi that's here, so Chair and everyone else who was here at that present time thank you very much because it is an extremely pristine area and it's nice to know that it's going to be kept forever for the benefit of Kaua`i's people in its natural beauty, thank you Chair Chair Asing: Thank you with that... Councilmember Kaneshiro. DARYL W KANESHIRO• Thank you Chair You know when Kevin first approached me when he had this land you know we talked about farming on SPECIAL COUNCIL MEETING -4- April 2l, 2010 the land, we talked about some agriculture dwellings on the land, farm dwellings and he and I walked the land quite a bit, in fact I leased part of the land to run some sheep (inaudible), and I did that for quite some time so I spent a lot of time on the land. I spent early mornings, I spent Sundays there, I spent evenings there working on the fence and doing things and when you're out there, you're out there alone, you're working and you're looking at the property it's amazing, it's an amazing property and I'm really proud to say that the people of Kauai, this property is really here for the people of Kauai and for the Showes to be able to have had the vision first of saying this would be good farm dwellings and then one (1) day came passionately saying that working with Councilmember Yukimura at that time, working with our Chair Kaipo Asing and Mr Ron Kouchi, he said you know I think Daryl this would be a beautiful property for the people of Kauai and I was just sitting there totally stunned because it was such you know, that is such an amazing property so I'm not certain how much to thank you for that you know for the Showes and Kauai Development and all Departments, but I sincerely know and have a passion of how valuable that land is and I spent many times in fact when I was out there fixing fence you know my kids was out there fishing, they had a nice beach right there, they were out there fishing, running around the beach, and you know I thought I would bring them along to help me fix fence but no way they were down there by the beach playing. So it's just an amazing property and I can't thank you all enough and of course I want to acknowledge the Council staff too, I want to acknowledge our staff. if you look at Peter and everybody else, they been working so hard trying to put all these things together so we can come especially the staff of the Council to. to this point where today I think it's a. it's a.. if I was the Mayor I would call it "The Kauai Development Kevin Showe Day" but since I'm not. that's how big of a momentum this is to the island of Kaua`I, thank you. Chair Asing: Thank you. I think everybody kind of said it all so you know just thank you very, very much Kevin. When Councilmember Yukimura said thank you Kevin for being true to your word, I think that means a lot. It's been you know four (4) years now and that four (4) years is quite some time to get something done. But this is finality, this is the signature, the signing off and it will be County property in perpetuity forever, for the people of Kauai to enjoy but I you know I really want to do some special thank you's to Kevin, former Councilmember Yukimura, former Councilmember Ron Kouchi, especially there's so much behind the scenes, things that was happening and it wasn't easy and simple. Many, many, many difficulties. many, many meetings. and many changes on dates that was said and commitment made but couldn't deliver because something happened but in the very end again true to your word, you gave your word and you delivered and so thank you very much and people of Kauai can now enjoy over one hundred thirty (130) beachfront ocean property for use, for the community members of Kauai. With that thank you again everyone and with that can I have a. Mr Nakamura. We have a motion and a second.. Chair Asing: We have a motion and a second. All those in favor say "aye" Councilmembers: Aye. The motion for approval of C 2010-103 was then put, and unanimously carried. Chair Asing: Motion carried thank you again. With that I believe I need the County Attorney up Al? SPECIAL COUNCIL MEETING -5- April 21, 2010 There being no objections, the Chair called a recess at 9.06 a.m. The meeting was called back to order at 9.09 a.m., and proceeded as follows: There being no objections, the rules were suspended. Al Castillo recommend the Council convene in Executive Session to discuss ES 436, pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council to discuss legal issues pertaining to County- sponsored stream clearing activities in and around Wailapa Stream and Kilauea River This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. The meeting was called back to order, and proceeded as follows: Mr Furfaro moved to convene in Executive Session as recommended by the County Attorney seconded by Mr Bynum, and unanimously carried. There being no objections, the meeting was in recess at 9.10 a.m. EXECUTIVE SESSION. Pursuant to Haw Rev Stat. ("H.R.S.") §92-7(a), the Council may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to H.R.S. §92-4 and shall be limited to those items described in H.R.S §92-5(a) (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) ES-436 Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Council to discuss legal issues pertaining to County-sponsored stream clearing activities in and around Wailapa Stream and Kilauea River This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ADJOURNMENT- The meeting was called back to order, and there being no further business, the meeting was adjourned at 10.00 a.m. Respectfully submitted, PETER A. NAKAMURA County Clerk /ds