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HomeMy WebLinkAbout04-28-2010 Council Meeting Minutes COUNCIL MEETING April 28, 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, April 28, 2010 at 9.11 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: Thank you. With that can we have the first item please? PETER A. NAKAMURA, County Clerk: The first item is approval of the agenda. APPROVAL OF AGENDA. Mr Furfaro moved for approval of the agenda as circulated, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matters are communications for receipt on page one (1) of the Council's agenda C 2010-104, C 2010-105, C 2010-106 and C 2010-107 COMMUNICATIONS: C 2010-104 Communication (03/31/2010) from the Manager and Chief Engineer of the Water Department, transmitting for Council information the Department of Water's quarterly financial reports as of December 31, 2009, pursuant to Section 17 03A of the Kauai County Charter • Statement of Revenues and Expenditures (Water Utility Fund) • Status of the Budget (Water Utility Fund) • State Appropriations • Statement of Revenues and Expenditures (Facilities Reserve Charge Fund) • Status of the Budget (Facilities Reserve Charge Fund) • Statement of Revenues and Expenditures (Bond Fund) • Status of the Budget (Bond Fund): Mr Chang moved to receive C 2010-104 for the record, seconded by Mr Kaneshiro, and unanimously carried. C 2010-105 Communication (03/31/2010) from the Director of Finance, transmitting for Council information Period 8 Financial Reports - Statement of Revenues as of February 28, 2010, pursuant to Section 17 and Section 20 of the Operating Budget Ordinance (B-2009-690). Mr Chang moved to receive C 2010-105 for the record, seconded by Mr Kaneshiro, and unanimously carried. i COUNCIL MEETING -2- April 28, 2010 C 2010-106 Statement of Condition of the County Treasury as of February 18, 2010• Mr Chang moved to receive C 2010-106 for the record, seconded by Mr Kaneshiro, and unanimously carried. C 2010-107 Communication (03/15/2010) from the Chief of Wastewater Management, requesting Council consideration of a proposal to revise Chapter 25, Kauai County Code (Sewer Ordinance) that includes changes to the County Sewer Rates and Charges, as well as other updates and recommended modifications: Mr Chang moved to receive C 2010-107 for the record, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. On page two (2) of the Council's agenda the first matter is a matter for receipt, communication C 2010-108. C 2010-108 Communication (04/01/2010) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for March 2010- (1) Building Permit Processing Report (2) Building Permit Estimated Value of Plans Summary (3) Building Permits Tracking Report (4) Building Permits Status Mr Bynum moved to receive C 2010-108 for the record, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. The next matter on page two (2) is a communication for approval, communication C 2010-109 C 2010-109 Communication (02/18/2010) from the Chief of Police, requesting Council approval to accept and expend a $38,910 00 OVW (Office on Violence Against Women) STOP Violence Against Women Formula Grant from the State of Hawaii, Department of the Attorney General's Office, Crime Prevention and Justice Assistance Division for training relating to investigating sexual assault crimes, covering the term March 1, 2010 to March 31, 2011, and to indemnify the State of Hawaii, Department of the Attorney General's Office in this matter- Mr Chang moved to approve C 2010-109, seconded by Mr Furfaro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter for approval is communication C 2010-110 C 2010-110 Communication (03/30/2010) from the Chief of Police, requesting Council approval to accept a donation of a new mascot costume valued at $1,600 00 from the McGruff Safe Kids Total Identification System of Hawaii, which will be used to promote the Safe Kids Total Identification System. Mr Furfaro moved to approve C 2010-110, seconded by Mr Chang, and unanimously carried. Chair Asing: Next item please. COUNCIL MEETING - 3 - April 28, 2010 Mr Nakamura. Next matter for approval is communication C 2010-111. C2010-111 Communication (04/12/2010) from the Executive Assistant to the Mayor, requesting Council approval to apply for, accept and expend a $250,000 00 Preserve America program grant to fund. (1) $210,000 00 to create a master plan for the Kaneiolouma Heiau complex in Po`ipu, which would be managed by the Department of Parks and Recreation with the assistance of the Office of Economic Development and the Planning Department, and (2) $40,000.00 for finalizing and printing a book that documents the historic resources of Lihu`e town, which will be managed via a subgrant to the Kauai Historical Society Mr Chang moved to approve C 2010-111, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter for approval at the bottom of page two (2) is communication C 2010-112. C 2010-112 Communication (04/12/2010) from the Executive Assistant to the Mayor, requesting Council approval to accept and expend a National Oceanic and Atmospheric Administration (NOAA) Mini Grant in the amount of $3,000 00 to commemorate Earth Day, which will be used to replace two interpretive signs at the Menehune Fishpond lookout along Hulemalu Road. Mr Furfaro moved to approve C 2010-112, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. At the top of page three (3) of the Council's agenda is communication C 2010-113 for approval. C 2010-113 Communication (04/13/2010) from the Director of Housing, requesting Council approval to acquire three (3) residential units, under the County's Neighborhood Stabilization Program (NSP) Foreclosure Acquisition, Rehabilitation and Resale Project, with funds appropriated by the State in July 2009, at the contracted offer prices subject to the one-percent (1%) discount based on receipt of the appraisals, situated at (1) 4208 Mane, Street, Lihu`e, Hawaii, TMK. (4) 3-3-015-077 ($325,000 00); (2) 3874 Hunakai Street, Lihu`e, Hawaii, TMK. (4) 3- 3-008-019 ($399,000.00); and (3) 2242 Ioela Street, Kilauea, Hawaii, TMK. (4) 5-2- 015-102 ($341,600.00), and to authorize the County Clerk to sign any and all related legal documents. Mr Furfaro moved to approve C 2010-113, seconded by Mr. Chang, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter for Council's approval is communication C 2010-114. C 2010-114 Communication (04/14/2010) from the Director of the Housing Agency, requesting Council approval to decline its repurchase right to buy back Unit No. 41, Villas at Puali, located at 1981 Hokunui Place, Lihu`e, Hawaii 96766 and that the Housing Agency issue the owners a one-year waiver of the County's repurchase right effective the date of the Council's decision, thus permitting the COUNCIL MEETING -4- April 28, 2010 owner to sell the unit on the open market for a period of one year- Mr Furfaro moved to approve C 2010-114, seconded by Mr Chang, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matters are claims, communication C 2010-115 CLAIM. C 2010-115 Communication (03/18/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Melva J B. Arakaki for damage to her rock wall, pursuant to Section 23.06, Charter of the County of Kauai: Mr Furfaro moved to refer C 2010-115 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr Chang, and unanimously carried. C 2010-116 Communication (04/12/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by Hiett Ward for personal property damage, pursuant to Section 23.06, Charter of the County of Kauai. Mr Furfaro moved to refer C 2010-116 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr Chang, and unanimously carried. C 2010-117 Communication (04/16/2010) from the County Clerk, transmitting a claim filed against the County of Kauai by the Kauai Humane Society for damage to its vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Mr Furfaro moved to refer C 2010-117 to the County Attorney's Office for disposition and/or report back to the Council, seconded by Mr Chang, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter for approval are Committee Reports from your Committee on Budget & Finance Committee Report CR-B&F 2010-08, on page four (4) Committee Report CR-B&F 2010-09, Committee Report CR-B&F 2010- 10 and finally Committee Report CR-B&F 2010-11. COMMITTEE REPORTS: A report (No. CR-B&F 2010-08) submitted by the Budget & Finance Committee, recommending that the following be approved, as amended, on second and final reading: "Bill No. 2347 - A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO B-2009-690, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010 BY REVISING THE OPERATING BUDGET OF THE OFFICE OF THE COUNTY AUDITOR IN THE GENERAL FUND," Mr Kaneshiro moved for approval of the report, seconded by Mr Chang, and unanimously carried. (See later for Bill No. 2347 Draft 1) COUNCIL MEETING -5- April 28, 2010 A report (No. CR-B&F 2010-09) submitted by the Budget & Finance Committee, recommending that the following be approved on second and final reading: "Bill No. 2351 - AN ORDINANCE AMENDING ORDINANCE NO B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE SEWER FUND (<$171,957> Unappropriated Surplus Fund Equity; <$171,957> SRF Loan Payments)," Mr Kaneshiro moved for approval of the report, seconded by Mr Chang, and unanimously carried. (See later for Bill No. 2351) A report (No. CR-B&F 2010-10) submitted by the Budget & Finance Committee, recommending that the following be approved on second and final reading: "Bill No. 2352 - AN ORDINANCE AMENDING ORDINANCE NO B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Solid Waste Fund)," Mr Kaneshiro moved for approval of the report, seconded by Mr Chang, and unanimously carried. (See later for Bill No. 2352) A report (No. CR-B&F 2010-11) submitted by the Budget & Finance Committee, recommending that the following be approved on second and final reading: "Bill No. 2353 - AN ORDINANCE AMENDING ORDINANCE NO B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Golf Fund)," Mr Kaneshiro moved for approval of the report, seconded by Mr Chang, and unanimously carried. (See later for Bill No. 2353) Chair Asing: Any discussion? You want to come up? I'd like to suspend the rules. There being no objections, the rules were suspended. ROB ABREW Good morning Council, my name is Rob Abrew for the record. The one thing I want to bring up is the first item Bill No. 2347, I'm questioning why since it's the beginning of May we only have two (2) more months in this fiscal year is why we're going to pay sixteen thousand dollars ($16,000) for a two (2) month lease. If you look at the lease, it should only be about six thousand dollars ($6,000) for the remaining two (2) months. So that's what I'm question. you know that is the only thing I would like you guys to look at and go from there. Thanks. COUNCIL MEETING -6- April 28, 2010 Chair Asing: Okay Thank you Rob Is there anyone else? Glenn? GLENN MICKENS Thank you Kaipo, for the record Glenn Mickens. This is more just for informational thing. I heard that on this bill 2347 that a CPA had to be part of the Auditor's Office in order for it to be up and running. I guess my question is, if this is true, has that Auditor been hired and when can we expect this Office and my friend Ernie to be operational? Mr Furfaro: I'll answer that. Chair Asing: Yeah. Mr Kaneshiro: That's not in discussion because. it's not an agenda item. Chair Asing: Yes. Glenn, it's operational now Mr Mickens: The Auditor's Office is operational? Chair Asing: Yes. Yes. Mr Mickens: They did get a CPA? Chair Asing: No. Mr Kaneshiro: That's. Chair Asing: It's a work in progress, he is working. Mr Mickens: And work in progress, does that mean that it is operational or it isn't? Mr Furfaro: Excuse me, the answer the answer that he was sharing with you. Chair Asing: Yes, he's operating. Mr Furfaro: And I didn't answer, but I would be glad to answer is the question about staffing and personnel? Mr Mickens: Right. Mr Furfaro: In particular, the issue about having a CPA on now is not posted on this agenda. Mr Kaneshiro: Correct. Mr Furfaro: But I will tell you that the Office is operational and I will answer your question about staffing. I'll be glad to offline. Mr Mickens: Okay Thanks Jay COUNCIL MEETING -7- April 28, 2010 Chair Asing: Thank you. Meeting called back to order, with that we have a motion to approve.. There being no one else to speak on this matter, the meeting was called back to order, and proceeded as follows: Mr Nakamura. We have a motion to approve the Committee Reports for the Budget & Finance Committee. Chair Asing: Yes. With that, Councilmember Kaneshiro? Mr Kaneshiro: There was a speaker that came up earlier and was concerned about Bill No. 2347 Last week is Committee Meeting we amended Bill No. 2347 to also include moving expenses, so I just wanted to clarify that again on the floor Chair Asing: Thank you. Any further discussion? If not, all those in favor say "aye." The motion to approve the Committee Reports from the Budget & Finance Committee was then put, and unanimously carried. Mr Nakamura. Next matter for approval are Committee Reports from the Parks/Transportation Committee, Report. Committee Committee Report CR-PKT 2010-01. A report (No. CR-PKT 2010-01) submitted by the Parks/Transportation Committee, recommending that the following be received for the record: "C 2010-83 Communication (04/05/2010) from Councilmember Lani T Kawahara, requesting the presence of the Director of Parks & Recreation to discuss the results of the "Shared Use Path Survey " Mr Bynum moved for approval of the report, seconded by Mr Chang, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. From your Committee on Planning, Committee Report CR-PL 2010-09 A report (No. CR-PL 2010-09) submitted by the Planning Committee recommending that the following be approved, as amended, on second and final reading: `Bill No. 2318, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing)" Mr. Bynum moved for approval of the report, seconded by Mr Kaneshiro, and unanimously carried (See later for Bill No. 2318, Draft 2). Chair Asing: Next item please. Mr Nakamura. On page five (5) of the Council's agenda a Resolution, Resolution No 2010-30 COUNCIL MEETING -8- April 28, 2010 RESOLUTION. Resolution No. 2010-30, RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Heidy Huddy-Yamamoto). Mr Kaneshiro moved to receive Resolution No. 2010-30 for the record, seconded by Mr Kawakami. Chair Asing: Any discussion? Mr Furfaro: We have a speaker here. Chair Asing: Yes. The rules are suspended. There being no objections, the rules were suspended. Mr Abrew• Hello, my name is Rob Abrew for the Council. for the record please. On this Resolution I'm questioning why you guys are receiving this and just not voting yes or no. You have the application in there, the application does violate Charter 6. Chapter sixteen (16) of our Charter This would give the Mayor time to appoint a new appointee for someone. for the application that clearly violates the Charter I would get rid of it, get rid of it now and vote yes. My suggestion is to vote no just to get rid of it. That's all I have to say Mr Furfaro: Excuse me. Chair Asing: Thank you. Councilmember Furfaro. Mr Furfaro: May I clarify a procedure with you. When you move to receive this Resolution it will actually kill it, that's what this does. To vote yes or no implies that this individual is in fact an active candidate for the position. We have done the follow-up, I in particular in your request, and we have now chosen to receive this which makes it. Completely eliminated from any future agendas and basically indicates that we are not going to take action. So you need to understand that procedural move where receiving of something may actually kill it. Mr Abrew• I just haven't seen communication between the Council once I brought it up. Mr Furfaro: I think you had an offline discussion with me and I'll be glad to talk to you again offline. Mr Abrew• But? Mr Furfaro: But I can only answer what's on the agenda right now Mr Abrew I. Mr Furfaro: And by receiving it, kills it. Mr Abrew• I understand. Mr Furfaro- I would be glad to talk with you offline. COUNCIL MEETING -9- April 28, 2010 Mr Abrew• Thank you. Like I said Jay, I just had not seen any confirmation between this Council and the Mayor's Office about the issue that was brought up concerning about. AL CASTILLO, County Attorney Council. Excuse me. County Attorney Al Castillo. Council Chair, you know in engaging in this type of discussion this infringes upon the deliberation process. The call for the people to come up is to provide, to provide input to for this body to receive, and deliberations and the debate thereafter is the province of the Council. So anyway, the speaker should be providing input, just as a reminder Council Chair Chair Asing: Thank you. Thank you Rob The applicant is no longer an applicant. Mr Abrew• That. Chair Asing: Thank you. Mr Furfaro: I'll follow up with you offline. Chair Asing: Yes. If you want to I'll be glad to meet with you to discuss it, thank you. Mr Abrew• But my understanding. Chair Asing: Thank you. Mr Abrew• But my understanding. Chair Asing: Thank you. Mr Abrew• I'm trying to understand why you guys received this? Chair Asing: And I'm trying to tell you that you will get your answer let me talk to you offline, okay Mr Kaneshiro• Call the meeting back order Chair Asing: With that thank you very much. I'm going to call the meeting back to order And we have a motion on the floor The meeting was called back to order, and proceeded as follows: Mr Furfaro: To receive. Chair Asing: To receive and we have a seconded, with that. Mr Kaneshiro: Ah. Chair Asing: Yes, go ahead. Mr Kaneshiro: And before we go into that, we have a memorandum that was sent on April 12, 2010 and I believe that in the COUNCIL MEETING -10- April 28, 2010 memorandum the request is to withdraw the appointment and which means to receive for today's practice so. we couldn't get into discussion at that point because we were taking public testimony Chair Asing: Yes. Mr Kaneshiro. So you know at that point I would rather have taken public testimony, which we did, and now we have the memorandum. So if they want to see the memorandum, it's available right here. Chair Asing: Yes and as I was trying to explain that the applicant is no longer an applicant. Mr Kaneshiro Correct. Chair Asing: There is no applicant. So with that, we. Mr Furfaro• We have a motion and a second to receive. Chair Asing: Have a motion and a second. All those in favor say "aye" The motion to receive Resolution No 2010-30 for the record was then put, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter is a Bill for First Reading, communication. ah Proposed Draft Bill No. 2363. BILL FOR FIRST READING. Proposed Draft Bill No. 2363 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 25 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, AS IT RELATES TO SEWERS Chair Asing: Can I have a motion? Mr Chang: Move to approve. Mr Furfaro: Oh no. I think this is going to need to go to Public Works. So need to approve as Mr Chang said but refer to Public Works for a hearing on May 26, 2010 Mr Bynum. So public hearing on May 26? Chair Asing: The public hearing on May 26 and then we will refer it to the Public Works Committee. Mr Furfaro: I think I said that. Chair Asing: Yes, okay Mr Furfaro: I'll reaffirm. COUNCIL MEETING - 11 - April 28, 2010 Chair Asing: Yes, thank you. Mr Bynum. Second. Mr Furfaro moved for passage of Proposed Draft Bill No. 2363 on first reading, that it be ordered to point, that a public hearing thereon be scheduled for May 26, 2010, and that it thereafter be referred to the Public Works/Elderly Affairs Committee, seconded by Mr Bynum. Chair Asing: We have a motion and a second. With that I'm going to suspend the rules. Glenn? There being no objections, the rules were suspended. Mr Mickens: Thank you Kaipo. For the record Glenn Mickens. Just a question, this sewer bill does it not have anything to do with the previous thing, the uncollectable part of the sewer bill? Or is this a separate item? Chair Asing: Separate item. Glenn, I can. it's not. it's a separate item. I'll talk to you offline and give you the information. Mr Mickens: Oh, okay 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 to speak on this matter, the meeting was called back to order, and proceeded as follows: Chair Asing: We have a motion on the floor to approve on first reading, schedule public hearing on May the 26 and refer to Public Works Committee. Roll call please. The motion for passage of Proposed Draft Bill No. 2363 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: Thank you. Mr Nakamura. Seven (7) ayes, Mr Chair Chair Asing: I'm going to call for a short recess. There being no objections, the meeting was recessed at 9:29 a.m. The meeting was called back to order at 9.43 a.m., and proceeded as follows: Chair Asing: Meeting is now called back to order. With that I believe that we're on Bill No. 2318, Peter? Mr Furfaro: Mr Chair, may I be recognized? Chair Asing: Yes. COUNCIL MEETING -12- April 28, 2010 (inaudible) Chair Asing: Yeah, that is what I was going to do, ask the Clerk to read the agenda item first. Mr Furfaro: Oh, okay Mr Nakamura. Council Chair, we're on page five (5) of the Council's agenda Bills for Second Reading, Bill No 2318, Draft 2. BILLS FOR SECOND READING. Bill No. 2318, Draft 2 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Farm Worker Housing) Chair Asing: With that, Councilmember Furfaro Mr Furfaro: Yes, Mr Chair, if everyone recalls, I'm going to ask for this bill to be recommitted to Committee based on the fact that at last week's Committee Meeting there were two (2) legal questions that I had surfaced and unfortunately the Attorney that was assigned to that is currently in depositions for the County on other matters. And therefore I would ask to recommit to Committee until we can get those clarifications and hopefully move it out after that. Chair Asing: Thank you. Can I have a second please? Mr Bynum. Second. Mr Furfaro moved to recommit Bill No. 2318, Draft 2 to the Planning Committee, seconded by Mr Bynum. Chair Asing: Any discussion? All those is favor say "aye." The motion to recommit Bill No. 2318, Draft 2, was then put, and unanimously carried. Mr Nakamura. Next bill for second reading on page five (5) is Bill No 2347, Draft 1. Bill No 2347, Draft 1 - A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO B-2009-690, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010 BY REVISING THE OPERATING BUDGET OF THE OFFICE OF THE COUNTY AUDITOR IN THE GENERAL FUND Chair Asing: Can I have a motion to approve? Mr Chang: Move to approve. Mr Bynum. Second. COUNCIL MEETING -13- April 28, 2010 Mr Chang moved to adopt Bill No. 2347, Draft 1, on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr Bynum. Chair Asing: Any discussion? Roll call please. The motion to adopt Bill No. 2347, Draft 1 on second and final reading, and that it be transmitted to the Mayor for his approval was then put, and carried by the following vote: FOR ADOPTION Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7 AGAINST ADOPTION None TOTAL - 0 EXCUSED & NOT VOTING TOTAL - 0 Chair Asing: Motion carried. Next item please. Mr Nakamura. Next bill for second reading is Bill No. 2351. Bill No. 2351 - AN ORDINANCE AMENDING ORDINANCE NO B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE SEWER FUND (<$171,957> Unappropriated Surplus Fund Equity; <$171,957> SRF Loan Payments) Mr Bynum. Move to approve. I'm sorry Mr Nakamura. No. go ahead, that's fine. Chair Asing: Yes. Go ahead Councilmember Bynum. Mr Bynum. Move to approve. Mr Chang: Second it. Mr Bynum moved to adopt Bill No. 2351 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr Chang. Chair Asing: Any discussion? I'd like to suspend the rules first. With that.. There being no objection, the rules were suspended. Mr Mickens: Thank you Kaipo, for the record Glenn Mickens. I just wanted to reconfirm what I believe Jay and, I think, you said Kaipo, that going forward now, we're writing off seventeen thousand dollars ($17,000 00) of uncollectibles. What is the safeguard of being able to stop somebody from being delinquent? Can you shut the water off? I think this was discussed a couple years ago and I think this issue first came up. and remember the elderly people were sitting here complaining about having to hook up to the sewer fund? They had cesspools and you know it was going to be twenty-five (25), or thirty (30), or forty dollars ($40 00) a month and they just said they couldn't afford it. But I just wondered what methodology is in place now going forward that this can't happen again? You know we're not going to write off.. one of those, I believe, as you pointed out was a commercial account that was a year late. I believe it was COUNCIL MEETING -14- April 28, 2010 something to that effect and I remember, Jay, you were pretty upset about an account like that, a commercial account. So anyway, I guess my question just is. what going forward has been put in place now that this can't happen again? I guess as a private citizen, you know, you didn't pay your bill it finally just shuts off, the electricity or water So I just wondered is that the procedure that they're going to have now? Chair Asing: Yes. Mr Furfaro: I think the Chair answered that. Glenn, I rarely get upset okay? Now to answer your question particular to the sewer fund I have to give great praise to the Finance people. Collection notices are going out very timely now, inside of ninety (90) days. They are working closely with the County Attorney now on documenting those collections and I do want to correct one (1) thing. The larger amount that you were talking about on an individual, there was a mutual agreement. Yes it was settled for less, but it was settled (inaudible) Mr Mickens: The seventeen thousand (17,000)? Mr Furfaro: But I do want to say that the County Attorney and the Finance Department are right on top of collection notices now I hope that answers your question. Chair Asing: Okay, thank you. Mr Mickens: Thank you. Chair Asing: With that I'd like to call the meeting back to order and any further discussion? If not roll call please. There being no one else to speak on this matter, the meeting was called back to order, and proceeded as follows: The motion to adopt Bill No. 2351 on second and final reading, and that it be transmitted to the Mayor for his approval, was then put, and carried by the following vote: FOR ADOPTION Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7 AGAINST ADOPTION None TOTAL - 0. EXCUSED & NOT VOTING TOTAL - 0 Chair Asing: Motion carried. Next item please. Mr Nakamura. Next bill for second reading is Bill No. 2352. Bill No. 2352 - AN ORDINANCE AMENDING ORDINANCE NO B-2009-690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Solid Waste Fund) Mr Bynum. Move to approve. Mr Kaneshiro: Second. COUNCIL MEETING - 15 - April 28, 2010 Chair Asing: Any discussion? If not I'd like to suspend the rules. Glenn? Mr Bynum moved to adopt Bill No. 2352 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Mr Kaneshiro. There being no objections, the rules were suspended. Mr Mickens: Again, thank you Kaipo. I wasn't here last week maybe I couldn't make it and you might have discussed this, but regarding this solid waste, this unbalance so-called enterprise fund has been in the negative mode for a long time, as you all know, going back to when my friend Ray Chuan was complaining about it. We were putting millions of dollars into it. So the question that I have is when are we going to make it a true enterprise fund and move forward with a true solid waste or zero waste program with a newly sited landfill? I mean to keep on, you know, putting this kind of money to this solid waste fund I think it's ridiculous. I mean I guess it has to be done to keep the operation going, but again we're going to keep calling this an enterprise fund, which it isn't an enterprise fund. So what are we going to do going forward to keep something in place, to prohibit this from happening, I guess that's my question. Chair Asing: Thank you Glenn. Councilmember Bynum. Mr Bynum. Chair, I would like to respond to that question when we call the meeting back to order Chair Asing: Okay, with that Glenn thank you. I'd like to call the meeting back to order, with that Councilmember Bynum. There being no one else to speak on this matter the meeting was called back to order, and proceeded as follows: Mr Bynum. This is a bill to keep the solid waste fund whole. We're in an economic downturn and the amount of tipping fees collected has gone down because of the volume of trash going into the landfill has gone down. But the bigger question that you're asking about. Zero waste and solid waste, we've had multiple hearings and we had the presentation here and we discussed it during the budget hearings that the Administration is moving forward on a number of funds to address our solid waste issues that, you know, during the RW Beck presentation we heard that the current cost to handle solid waste is roughly and I may not have these numbers exactly correct but around the forty-five (45) to forty-eight dollars ($48 00) per household per month. And we currently have no trash collection fee and so the general fund has to subsidize solid waste and probably always will. The but you know there are money's in the budget to address composting, a MRF, recycling, landfill siting, landfill expansion, it's a huge endeavor for our county and the Administration is moving forward on those issues, and the Council has been supporting that funding to move forward on those issues. It's also you know the Administration presented a proposal to start a fee for trash collection this year but that fee will never be the full cost of this very large expense to county handling our waste as human beings as particular on an island and you know I think we're moving in the right direction and so I hope that answers some of the speaker's questions. Chair Asing: Thank you. Any further discussion? Yes, Councilmember Furfaro. COUNCIL MEETING -16- April 28, 2010 Mr Furfaro: I appreciate Mr Bynum talking about what coming up on the future end but also just the agenda item itself is really really addressing the short fall based on the fact that we are down in collections for tipping fees, there's been a slowdown. A general slowdown in construction. There has been an increase and this is to Allison's group in recycling so to forecast the amount of tipping fees that we had received this year is substantially down and that's what this bill is about. To address your second part of your question after the short fall I think Mr Bynum did a very good job in the political issues going forward we have to consider But this shortfall is based on the fact that the volume predicted year and two (2) months ago when we did this budget is not there and therefore we have an operating downfall. Chair Asing: Thank you. Any other discussion? If not. Glenn just for your information it's really a work in progress and it will be a long, long time. It's not something that is simple. It's a long process and it will be with us for years, it's an ongoing condition. With that roll call please. The motion to adopt Bill No. 2352, on second and final reading 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 TOTAL - 0 Chair Asing: Thank you next item please. Mr Nakamura. Next bill for second reading is Bill No. 2353. Bill No. 2353 - AN ORDINANCE AMENDING ORDINANCE NO B-2009- 690 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Golf Fund) Chair Asing: Can I have a motion to approve? Mr Chang: Move to approve. Mr Kaneshiro: Seconded. Mr Chang moved to approve Bill No. 2353, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Before we start discussion, Glenn. The rules are suspended. There being no objections the rules were suspended. Mr Mickens: Thank you again Kaipo, Glenn Mickens for the record. This is obviously another enterprise fund that we're putting mega bucks into it yearly Will the Administration just continue this (inaudible) or will they make a definitive of what should be done. From what I've heard we won't never be able to raise golf fees enough to you know pay for the half million dollars or more COUNCIL MEETING -17- April 28, 2010 that we're shortfall that we're putting into this fund so you know either the I guess the Jay is the expert in this and the accounting system, the accounting measures should have to be changed or something instead of just keep calling enterprise fund and we're going to keep putting a half a million dollars a year to it but again I'm sure you guys know you can't raise the rates enough to pay for this you know That's counterproductive anyway-the more you raise the rates the less people are going to come out there, the less money you're going to have to operate so you know I guess my question then is what are we going to do to make it or will it ever be a true enterprise fund or are we just going to change the name of it? Chair Asing: Thank you. I'd like to call the meeting back to order Any discussion? Councilmember Kaneshiro. Mr Kaneshiro: Thank you Chair I just wanted to add that this is very similar to what we have to do with the earlier part with the solid waste part is that. because the golf fund revenues are down you know right now economic times are hard, we're not having too much people out here, we don't have the tourist here on the island, and it's a typical example of what economic condition show that their anticipated revenues really drop, I told you that so again you know I just wanted to mention that this is very typical of why we had to do the same thing with solid waste. Chair Asing: Thank you. Any further discussion? With that Councilmember Furfaro. Mr Furfaro: Yes. And I share this mostly for an answer to Glenn Mickens' question is it truly an enterprise fund? I would like to say I don't think the golf course could ever get to a point where it actually breaks even and yet at the same time we need to remember that it is a recreational feature in the county, it is labor intense because of the greens, because of the needs for treatment of the fairways and the equipment use for mowing and so on, far more intensive than say tennis or the baseball parks that Mr Mickens enjoys and so forth, so I think we just have to realize that perhaps this will never be a center that becomes a profit center for the county On the other hand there is this benefit in our community with responsible rates, free tennis, the use of baseball fields that are key to the success of our community and our youth programs, so from an accounting standpoint, since Mr Mickens recognized me as some kind of an expert, my only question is I do think the cost of the irrigation system we need to ask to have that reconsidered because putting in that new irrigation system raised the value of the asset and so we could simply try to look at moving that to some kind of other investment account rather than having it expense in the daily operations so I hope that answers some of your questions. Chair Asing: Thank you. Any further discussion? Glenn, you know I said it before long time ago it used to be a standalone fund and it did, what happened was, though, if you recall the irrigation system needed to be replaced and I believe it was over two million dollars that we invested in trying to put everything back together so that kind of put us back and you know we have to pay for it so. It's a something that we need to do and as Councilmember Furfaro explained you know it's a recreational facility too for our people on the island, so we need to consider that and consider the income, how much do we charge, so it's an ongoing long process. With that, any further discussion, if not roll call please. The motion to adopt Bill No. 2353, on second and final reading was then put, and carried by the following vote. COUNCIL MEETING -18- April 28, 2010 FOR ADOPTION Bynum, Chang, Furfaro, Kaneshiro, Kawahara, Kawakami, Asing TOTAL - 7 AGAINST ADOPTION None TOTAL - 0 EXCUSED & NOT VOTING- TOTAL - 0. Chair Asing: Thank you. No items on the agenda, the meeting is adjourned thank you. ADJOURNMENT: There being no further business, the meeting was adjourned at 10.00 a.m. R ectfully submitted, PETER A. NAKAMURA County Clerk /ds