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HomeMy WebLinkAbout10-13-2010 CN meeting Minutes (ds) COUNCIL MEETING October 13, 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, October 13, 2010 at 9.09 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? Mr Nakamura. First item is the approval of the agenda. APPROVAL OF AGENDA. Mr Bynum moved for approval of the agenda as circulated, seconded by Mr Furfaro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter is approval of the minutes of the following meeting of the Council. MINUTES of the following meetings of the Council: Council Meeting of September 29, 2010 Mr Furfaro moved for approval of the minutes as circulated, seconded by Mr Bynum, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter on page one (1) of the Council's agenda are communications for receipt on page one (1) communication C 2010-261, C 2010- 262, C 2010-263 and C 2010-264. COMMUNICATIONS: C 2010-261 Communication (09/30/2010) from the Assistant Chief Procurement Officer, Department of Finance, transmitting for Council information, the FY 10/11 First Quarter Statement of Equipment Purchases. Mr Chang moved i I COUNCIL MEETING -2- October 13, 2010 I to receive C 2010-261 for the record, seconded by Mr Furfaro, and unanimously carried. I C 2010-262 Communication (08/31/2010) from the Chief, Engineering Division, Department of Public Works, transmitting for Council consideration, a resolution establishing stop signs and stop lines within the Konohiki Estates Subdivision, Koloa District. Mr Chang moved to receive C 2010-262 for the record, seconded by Mr Furfaro, and unanimously carried. C 2010-263 Communication (09/23/2010) from Councilmember Kawakami, providing written disclosure on the record of a possible conflict of interest and recusal on ES-469 relating to Ordinance No. 885 (plastic bag prohibition) posted on the September 29, 2010 Council Meeting Agenda, because of his employment position and family involvement in a retail establishment. Mr Chang moved to receive C 2010-263 for the record, seconded by Mr Furfaro, and unanimously carried. C 2010-264 Communication (09/28/2010) from Councilmember Kaneshiro, providing written disclosure on the record of a possible conflict of interest and recusal on Bill No. 2380 (relating to amendments to the subdivision ordinance) posted on the September 29, 2010 Council Meeting Agenda, because he owns property that is currently undergoing consolidation and resubdivision. Mr Chang moved to receive C 2010-264 for the record, seconded by Mr Furfaro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter on page two (2) of the Council's agenda are communication for receipt, communication C 2010-265, C 2010-266, C 2010-267, C 2010-268 and C 2010-269 C 2010-265 Communication (09/28/2010) from the Director of Finance, transmitting for Council consideration, an amendment to Ordinance No. B-2010- 705, relating to the FY 2010-2011 Operating Budget, by revising the surplus and appropriations estimated in the Liquor Fund, by appropriating $450,000 00 for Claims and Judgments/General Liability (see Proposed Draft Bill (No. 2381)) Mr Chang moved to receive C 2010-265 for the record, seconded by Mr Bynum, and unanimously carried. C 2010-266 Communication (09/30/2010) from the Director of Finance, transmitting for Council consideration, an amendment to Ordinance No. B-2010- 705, relating to the FY 2010-2011 Operating Budget, by revising the surplus and appropriations estimated in the General Fund, by appropriating $79,555.00 for the Career Criminal Prosecution Program in the Prosecuting Attorney's Office. (see Proposed Draft Bill (No. 2382)). Mr Chang moved to receive C 2010-266 for the record, seconded by Mr Bynum, and unanimously carried. COUNCIL MEETING -3- October 13, 2010 C 2010-267 Communication (10/06/2010) from Councilmember Kawakami, providing written disclosure on the record of a possible conflict of interest on PWE 2010-5 and ES-470 (relating to plastic bag reduction) on the October 6, 2010, Public Works/Elderly Affairs Committee Agenda, for reasons stated therein. Mr Chang moved to receive C 2010-267 for the record, seconded by Mr Bynum, and unanimously carried. C 2010-268 Communication (09/25/2010) from the County Engineer, transmitting for Council consideration, an amendment to Ordinance No B-2010-705, relating to the FY 2010-2011 Operating Budget, by revising the surplus and appropriations estimated in the General Fund, by appropriating $57,30000 to the Solid Waste Fund for modifications to the Real Property Tax collection software, training support, IP phone, file cabinets, computer with peripherals, and workstation/furniture to support the Solid Waste Residential Collection program. (see Proposed Draft Bill (No. 2383) Mr Chang moved to receive C 2010-268 for the record, seconded by Mr Bynum, and unanimously carried. C 2010-269 Communication (10/05/2010) from the Chief, Engineering Division, Department of Public Works, transmitting for Council consideration, amendments to Resolution No. 4 (1988) to eliminate an existing bus stop at 317 Molo Street and relocate it to 257 Molo Street, for health and safety reasons. (see Resolution No. 2010-53) Mr Chang moved to receive C 2010-269 for the record, seconded by Mr Bynum, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter on page two (2) of the Council's agenda is a matter for approval, communication C 2010-270 C 2010-270 Communication (09/09/2010) from the Chief, Building Division, Department of Public Works, requesting Council approval to apply for, receive, and spend KIUC grant funds in the amount of $26,000.00 for installing glass tint on the Mo`ikeha Building windows and doors to effectively reduce solar heat absorption and thus reducing energy costs for air conditioning, and which amount will subsidize the required 25% County match for the FEMA Hazard Mitigation Grant Program. Mr Chang moved to approve C 2010-270, seconded by Mr Kaneshiro Chair Asing: Any discussion? Mr Furfaro: Yes Mr Chair Chair Asing: Yes. Mr Furfaro: I would like to point out to the Administration that I certainly encourage all that they are doing here to effectively reduce consumption of electricity through all of our Administration buildings. But COUNCIL MEETING -4- October 13, 2010 this twenty-six thousand (26,000) is a portion of a hundred and six thousand dollar ($106,000.00) project and I would like to see what is referred to as an ROI or a return on our investment. As we go forward on these types of projects, I'd like to see some kind of estimate on the return on the actual investment itself. Chair Asing: Thank you. With that, why don't we send a communication to that effect? Mr Furfaro: Thank you very much. Chair Asing: So we'll approve the item but send the communication. Mr Furfaro: Yes. Chair Asing: Of your concern so that we can receive some information from them. Thank you, with that the motion is to approve, there is a second. any further discussion? If not, all those in favor say "aye" Councilmembers: Aye. Chair Asing: Oppose say "no" Motion carried. Next item please. The motion to approve C 2010-270 was then put, and unanimously carried. Mr Nakamura. Next matter for approval on page two (2) of the Council's agenda is communication C 2010-271. C 2010-271 Communication (09/20/2010) from Beth Tokioka, Office of the Mayor, requesting Council approval to contract with and indemnify the State of Hawaii, Department of Health, for the Agency on Elderly Affairs, the Housing Agency, and the Office of Economic Development to provide services detailed in the County's scope of work pursuant to U.S. Department of Health and Human Services Grant Award (ARRA of 2009) for the Communities Putting Prevention to Work (CPPW) program, with overall coordination and grant reporting provided by the Department of Finance and the Office of the Mayor- Mr Chang moved to approve C 2010-271, seconded by Mr Kaneshiro. Chair Asing: Any discussion? Yes Councilmember Bynum. Mr Bynum. Mr Chair, I just want to recognize the Department of Health and the coalition of people that includes Get-Fit Kauai and Kauai Path and others who applied for this Federal Grant to put prevention to work and part of it applies to the counties of Kauai and Maui, funding various activities about health and wellness and a built environment. The county will be COUNCIL MEETING -5- October 13, 2010 recipient of some of these funds that I understand for our Elderly Affairs fitness programs and perhaps others. I don't know all the details but this was a community initiative that is going to benefit the county for several years to come. And I just want to recognize the Department of Health for their initiative Chair Asing: Thank you. Mr Bynum. Thank you. Chair Asing: Any further discussion? If not, all those in favor say "aye" Councilmembers: Aye. Chair Asing: Oppose say "no" Motion carried. Next item please. The motion to approve C 2010-271 was then put, and unanimously carried. Mr Nakamura. Next matter on page three (3) of the Council's agenda for approval is communication C 2010-272. C 2010-272 Communication (09/29/2010) from the Prosecuting Attorney, requesting Council approval to expend $1,340 63 from the State Asset Forfeiture Funds to purchase three (3) new bookcases for new attorneys. Mr Furfaro moved to approve C 2010-272, seconded by Mr Bynum, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter for approval is communication C 2010-273. C 2010-273 Communication (09/29/2010) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify and expend FY 2010 Federal Transit Administration Section 5310 grant funds of $136,000.00 to purchase one (1) wheelchair accessible passenger bus for the County Transportation Agency Mr Furfaro moved to approve C 2010-273, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next communication for approval is communication C 2010-274. C 2010-274 Communication (09/30/2010) from the Director of Parks and Recreation, requesting Council approval to expend $10,000 00 from the Parks Special Project Account to purchase Mobi-mats, which will be configured at County COUNCIL MEETING -6- October 13, 2010 parks to provide access at public events from the ADA parking areas to the facility's seating areas and further for persons in wheelchairs, disabled, elderly and with special needs. Mr Chang moved to approve C 2010-274, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter for approval is communication C 2010-275. C 2010-275 Communication (09/30/2010) from the Fire Chief, requesting Council approval to expend $38,199.88 from the Ha`ena Beach Park (Ke`e Beach) Grant funds to purchase one (1) 2010 FX High output Rescue Jet Ski, one (1) 2010 Galvanized Trailer, one (1) 2010 500ce ATV, one (1) Aluminum ATV Trailer, one (1) Aluminum Beach Cart (jet ski), and associated shipping cost for the Kee Beach Tower Mr Furfaro moved to approve C 2010-275, seconded by Mr Chang, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter for approval is communication C 2010-276. C 2010-276 Communication (09/30/2010) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify, and expend FY 2010 Federal Transit Administration 5309 State of Good Repair Grant in the amount of $925,000 00 to purchase buses for the County Transportation Agency Mr Furfaro moved to approve C 2010-276, seconded by Mr Bynum. Chair Asing: Any discussion? Yes. Mr Bynum. Mr Chair, I just want to note that this and a previous agenda item. receiving Federal funds for a purchase for bus and paratransit equipment is very welcome as we expand our public transportation and I wondered if we could send a communication to the Administration about whether they're ready to give us a preliminary reports on our Hybrid bus that I've seen out, if they have any information to share with us regarding how that's going. So I'd like to make that request. Chair Asing: I think maybe we need to expand that a little bit and get more information on their total bus fleet, what they really look like now with these additional buses so I agree with you, and maybe we can you expand that so we'll get a full report of their buses. Mr Bynum. Yeah, good idea. Chair Asing: Thank you. COUNCIL MEETING -7- October 13, 2010 Mr Furfaro Thank you Chairman and I do also want to say that in that inventory selection, if we could have them date and age the equipment for a seven (7) year period which is our normal replacement cost. Chair Asing: Thank you. Any further discussion? All those in favor say "aye" Councilmembers: Aye. Chair Asing: Oppose say "no" Motion carried. Next item please. The motion to approve C 2010-276 was then put, and unanimously carried. Mr Nakamura. Next matter for approval is communication C 2010-277 C 2010-277 Communication (09/30/2010) from the Housing Director, requesting Council approval to decline repurchase of Unit No. 501, Hookena at Puhi, and issue the owners a one-year waiver of the County's repurchase right effective the date of the Council's action, which allows the owner to sell the unit on the open market for a one-year period. Mr Chang moved to approved C 2010-277, seconded by Mr Furfaro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter for approval on the bottom of page three (3) is communication C 2010-278.- C 2010-278 Communication (10/05/2010) from the Prosecuting Attorney, requesting Council approval to expend $2,500.00 from the State Asset Forfeiture Funds to purchase a desk with a return, credenza, and file cabinets for the Prosecuting Attorney's Office. Mr Furfaro moved to approve C 2010-278, seconded by Mr Chang, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter is communication, at the top of page four (4) is communication C 2010-279 C 2010-279 Communication (09/30/2010) from the Director of Parks and Recreation, requesting Council approval to expend $90,000 00 from the Parks Special Project Account to purchase bleachers for the Kalawai and Koloa Parks. Mr Furfaro moved to approve C 2010-279, seconded by Mr Chang, and unanimously carried. COUNCIL MEETING -8- October 13, 2010 Chair Asing: Next item please. Mr Nakamura. Next matter on page four (4) of the Council's agenda for approval is communication C 2010-280. C 2010-280 Communication (09/29/2010) from HSAC President Kawakami, transmitting for Council approval for inclusion in the 2011 Hawaii State Association of Counties (HSAC) Legislative Package, proposals approved by its Executive Committee as follows: a) Proposed Bill for an Act Relating to the Penal Code (replica guns) (Honolulu proposal) b) Proposed Bill for an Act Relating to Nomination Papers (Maul proposal) c) Proposed Bill for an Act Relating to Aquarium Aquatic Life (Maui proposal) d) Proposed Bill for an Act Relating to the EUTF Board of Trustees (Kaua`i proposal) e) Proposed Bill for an Act Relating to the ERS Board of Trustees (Kaua`i proposal) f) Proposed Bill for an Act Relating to the Penal Code (assault against firefighters and water safety officers) (Kaua`i proposal) g) Proposed Bill for an Act Relating to Counties (appointment of county liquor administrators) (Kaua`i proposal) h) Proposed Bill for an Act Relating to Counties (appointment of county personnel directors of neighbor island counties) (Kaua`i proposal) i) Proposed Bill for an Act Relating to Housing (HSAC proposal) Chair Asing: What I'd like to do is turn it over to Councilmember Kawakami to explain all of these proposals. As I understand it some of these proposals are new and some are carried over from the last session. With that, Councilmember Kawakami. Mr Kawakami. Thank you Mr Chairman and exactly correct. We've seen a lot of these before. A couple of them are new proposals, so at this point Councilmembers, I'll go down the line one (1) by one (1) and if you have any questions at any time, please feel free to make your questions known and we can attempt to address them. But previous to getting started I passed out, we had staff pass out a summary to make it a little easier to understand, you know the who, what, where, when and why of each proposal. So first off we've seen this before, this came from City and County of Honolulu and it's a proposed bill for an Act relating to the Penal Code as far as replica guns are concerned and in some communities, mostly in Oahu, what's been happening is people have been taking replica guns, and by requirement they have the orange tips on them, but they've been taking the orange tips off and it looks like a real gun and they've been using it in some crimes. And so what this does is it increases the penalties to protect not COUNCIL MEETING -9- October 13, 2010 only our law enforcement officers but for our community as well. So are there any questions on this proposal? Seeing none, moving forward. This is a new one (1), it's a proposed bill for an act relating to nomination papers. This came from Maui County and all that this does is it requires a candidate for county office to have a sworn certificate that a candidate is in compliance with all County Charter and ordinances mostly yeah. financial disclosures. And for counties like Maui, the Big Island, and City and County of Honolulu that have, that run by districts, it requires them yeah, to prove residency in that district. Is there any questions on this proposal? Mr Bynum. Currently the Maui Charter requires that residency in district or? Mr Kawakami. Yes. Mr Bynum. Okay, thank you. Mr Kawakami. Moving forward, this is also another one and this is proposed by Maui County and it's a proposed bill for an act relating to aquarium aquatic life. Now the reason behind this is City and County of Honolulu, County of Maui, and the County of Big Island have been running into some serious problem, not so much on Kauai, (I'm not sure if there's an industry as far as aquarium aquatic life collecting), and this is basically when you have people going out to the reef system and they're unregulated and they're taking the aquarium fish. And eighty-two percent (82%) of that aquarium fish is being exported to the mainland, and what's happening is that it's throwing off our whole eco system, and it poses a problem to fishermen because it really throws off the food chain, and the fish that fishermen want to catch, are slowly dwindling because they don't have any food because these aquarium collectors are collecting these fish. What this does is basically directs DLNR to come up with a white list of non-endemic species that would be allowed for collectors to be collected, but what it would do is create. it would also tell DLNR to look at the averages between 2005 and 2007 and set a cap as to how much fish can be taken off the reefs. This one went to the Legislature and they it previously had died and Maui is attempting to revive it. And in the big scope of things, this would be positive for our fishing industry, for our local fishermen because it would regulate. Like I said before, this is a problem that Maui, Honolulu, and the Big Island is facing; as far as Kauai, I'm not sure if we have an industry, but it's good to address it before we start seeing some of those, some of the exodus, yeah, that might be coming this way Any questions on this one? Yes. Mr Bynum. And I think you described it really well, but just to be really clear that the fish that potentially might be regulated for collection are not the fish that fishermen are fishing for? Mr Kawakami. No, these are like. COUNCIL MEETING _10- October 13, 2010 Mr Bynum. They're the food. Mr Kawakami. Yeah. This is like humuhumunukunukuapuaa. Mr Bynum. Yeah. Mr Kawakami. Endemic species. I don't know anybody I don't know, I never ate it. But you know, it's all the native species, the ornamental fish that people don't generally eat. Mr Bynum. Right, thank you. Mr Kawakami. Any questions? Okay moving forward, the next proposal, EUTF, any questions on that? Okay Moving forward on ERS, no questions? Next proposal. We've discussed it, this is a new one from Kauai and it's a proposed bill for an act relating to the penal code as far as protecting fire fighters and water safety officers, it brings them into the same category as law enforcement officers as far as any assault to them while they're in the line of duty Any questions? Moving forward, proposed bill for an act relating to counties as far as the appointment of county liquor administrator's. We've discussed this previously All this does is, is it does not change anything. What it does is it gives the county homerule authority so that if we deem either by the Charter Commission or by the Council by Resolution or if our voters feel there's a need for change, they can go in and petition. It allows the counties to have the latitude, the homerule authority, to discuss and decide the appointment of the County Liquor administrators. Do you have any questions on this? Seeing none, moving forward. County Personnel Directors, it's the same process as the last one. So if anyone has questions on this? Seeing none. Proposed bill for an act relating to housing, this was a HSAC proposal previously What this does is for any State sponsored affordable housing project, it extends the amount of time for review from forty-five (45) days to sixty (60) days. Now we haven't seen. the way it works is if there's a State sponsored affordable housing project, State sponsored, what it does is it comes to the Council. It doesn't go to the Planning Department or the Planning Commission, from what I understand and Kauai hasn't seen a project like this, I believe, since the 80s, but Maui has been faced with this and they have deemed that forty-five (45) days is not long enough for them to really review the project. Because these State sponsored affordable housing projects they are exempt from a lot of our rules, so it goes straight to the Council. The Council on Maui said forty-five (45) days are not long enough, they're asking for an additional fifteen (15) days, from forty-five (45) to sixty (60) Any questions on this? Okay and that brings us to the end of that and I just want to give you a heads up that there is going to be a Resolution introduced as the Legislative session goes on as far as preserving our TAT, but a bill was not COUNCIL MEETING - 11 - October 13, 2010 required and so you don't see it in the package, but it will be coming up as a Resolution and Resolutions can be introduced any time during the Legislation session, so that will be coming up That concludes the proposed HSAC Leg Package. Chair Asing: Thank you. Before I entertain discussion by Councilmembers, let me open it up to the public first. Is there anyone in the public who wants to speak on these items? There being no objections, the rules were suspended. There being no one to speak on this matter, the meeting was called back to order, and proceeded as follows: Chair Asing: I'd like to call the meeting back to order and is there further discussion Councilmembers? Councilmember Furfaro Mr Furfaro. Yes, first of all I do want to thank Councilmember Kawakami as President of the Hawaii State Association of Counties for this, I'm going to say, preemptive strike as it relates to making certain that we have good agenda items resulting in performance issues affecting the county in front of the Legislature. I also do want to say that item (c) is going to be a very tricky one as we look at enforcement across Parks and Ocean Recreation areas and certainly will come with some additional needs for staffing. I think you know it is certainly an opportunity for us to look at expanding the possible inspection force that we have incorporating some of these controls we would want to put on the marine life that is so important to our reefs and shoreline. So thank you again Mr Kawakami, I'll be supporting the entire package. Thank you. Chair Asing' Any further discussion Councilmembers? If not. Mr Chang: Yes I have one. Chair Asing: Yes Councilmember Chang. Mr Chang: Councilmember Kawakami, item number (i) the proposed bill for an act relating to Housing, from forty-five (45) days to sixty (60) days, are those sixty (60) days considered sixty (60) working days or sixty (60) calendar days? Mr Kawakami: I'm not sure, do you want to take a recess, I can go clarify that? Mr Chang: Yes, okay Mr Kawakami. Okay COUNCIL MEETING -12- October 13, 2010 Chair Asing: We'll take a short recess. There being no objections, the Council recessed at 9:32 a.m. The Council reconvened at 9:36 a.m., and proceeded as follows: Chair Asing: Meeting is now called back to order With that Councilmember Kawakami. Mr Kawakami. Okay thank you Chair and in response to Councilmember Chang's question as to if the forty-five (45) days to sixty (60) days were in calendar days or business days, it's not specified in the bill. That being said, it would be sixty (60) calendar days, but with furloughs being implemented, they do not count furlough days as part of the calendar Mr Chang: Okay, thank you. Chair Asing: You know I might add that one of the concerns and this happened to us, when I say "us", I'm saying Kauai, when we built Cliffside in Hanapepe. This was the same type of project, and it was a State funded housing project, and when you go through that process, then the county is out of it entirely, and that is not good. But that's the way it is and it's very difficult so that's. Cliffside was quite a project. Quite a project in the sense that we got kind of tangled up in who the inspectors were, whether it's going to be county inspectors because it was State project, and it was kind of cumbersome to work with but this is that type of project. With that, any further discussion on that item? If not, Councilmember Kawakami. Mr Kawakami. Thank you Mr Chair, I'd like to make a motion to approve the package. Mr Bynum. Second. Chair Asing: It's been moved and seconded that we take the entire package. Any further discussion on the entire package? The motion is to approve the entire package, any further discussion on the motion? If not, all those in favor say "aye" Councilmembers: Aye. Chair Asing: Opposed say no. Motion carried. Thank you very much Councilmember Kawakami. Mr Kawakami moved to approve C 2010-280, seconded by Mr Bynum, and unanimously carried. COUNCIL MEETING - 13 - October 13, 2010 Mr Nakamura. Next matter on the Council's agenda, Council Chair, on page four (4) are communication C 2010-281. C 2010-281 Communication (10/07/2010) from Council Vice Chair, requesting the Administration's presence to discuss the status of the Kapaia Swinging Bridge Project. Chair Asing: With that, what I'd like to do is suspend the rules and I believe we have the Deputy County Engineer here. There being no objections, the rules were suspended. EDMOND RENAUD, DEPUTY COUNTY ENGINEER. Good morning Council, Councilmembers, Ed Renaud, Deputy, Public Works. Mr Furfaro: (Inaudible.) Chair Asing: Can you hang on? Councilmember Furfaro Mr Furfaro: Thank you. Thank you for being here Ed. I would like you to give an overview to the Council body as we have talked in recent times, early as just yesterday, regarding the status and the study of the Swinging Bridge needs, the outcome of the survey, any status of right-of-entry to address this problem, any potential scheduling that occurs, could occur, and any update on potential additional funding. If I could ask you to give us an overview, that's the reason I put this on the agenda today Mr Renaud. Okay, thank you. When I did look at the records to move forward on this project, we had a few right-of-entries not completed, so we had to go forward and get those right-of-entries completed. And one (1) was, it was where the bridge sat on his property, Mr Silva was in the process of selling his property, so there was a hold up there and everything. But with the new person that came on, Mr Roy Goo, he gave us all the green lights to move forward to assist in the project. So anyway with that and Grove Farm, we completed our right-of- entry Now the scope of work of this, of this consultant to complete the project, Kai Hawai`I, and he's there to finalize everything, so this way its going to come back to Administration, we'll sit down with you folks and discuss everything. One is to finalize design of the footing on the property, of both properties. We have to finish that design to see what the soil borings are, and the other thing, finalize of the bridge itself on the replacement, repair, and all that stuff because it is in bad shape with the wood rotting and there are metal or structural metal members that need repairing. So he's going to do that. He's also going to look at easements or condemnation, whatever we have to do, for pricing and all this stuff, which avenue are we going to go. On both sides of this property or this project, we don't own anything. So you know he's going to look into all that and then there were other avenues where we need to put in roads, we need to put in parking in there because we're going to use that bridge for community, visitors, whatever to come forth, so COUNCIL MEETING - 14 - October 13, 2010 that is going to be part of it. We're also looking at the ADA, per the ADA requirements state, there are things we have to do if we. whatever we are going to do to replace, reconstruct different members of that bridge. so there are ADA requirement they're going to look at. On one side, I'm going to say the Hongwanji side, there's a small portion of ADA, so they're going to look into that. On the other side, the Grove Farm side that's a bigger member because the area is sloped, so that's a big ADA project they're going to look at that. The bottom line is to come back with the feasibility study, the design is a small portion, but the feasibility study is going to tell us all the avenues, what is going to cost what, the bottom line. This way it's all clean and we all can sit down and discuss it. Mr Furfaro: Ed, I believe we have earmarked about, what was the amount we earmarked? Mr Renaud. Two hundred (200) Mr Furfaro: Two hundred (200), okay So your next return to the Council, we should be all square on the easements, we should have a better understanding of what we may need to do as far as ADA compliance, and you might have some type of outline of a schedule of repair and modification for us by then? Mr Renaud. Yeah, this feasibility study, the completion of this is earmarked for December but if everything. so far everything is working out real (inaudible), the survey has been completed, the tests have been completed, so there's other things, other avenues. I think it's going to get completed very shortly But every week they update me and you know and this is what has happened so far Mr Furfaro: So if we move this to a December update, you feel we'll have all the final critical path in place and. Mr Renaud. Yes. Mr Furfaro: We'll know if there's additional cost to us by then? Mr Renaud. I would say yes. Yes, talking to the consultant, he's very sure of that with his so-called subcontractors. Mr Furfaro: Okay, well I appreciate your commitment but I'm going to talk to my colleagues here at the table that let's definitely be prepared by mid-January, we'll throw in another four (4) weeks. Thank you Mr Chair Chair Asing: Thank you. COUNCIL MEETING -15- October 13, 2010 Mr Renaud. Ah one (1) more thing please. we have a timeline schedule from him and so far he has beaten the schedule, so it looks good. Mr Furfaro: Okay but I'll still give you the extra four (4). Mr Renaud. Yes, thank you. Chair Asing: Councilmember Bynum. Mr Bynum. Good morning Ed. Mr Renaud. Good morning. Mr Bynum. So what the county's funded so far is the feasibility study, is that correct? And so, you've answered some of the questions that we don't currently have easements on either side of the bridge and so it's a historic bridge, so part of that. and these are questions, part of that feasibility study would be whether we can make it a functional pedestrian walkway as it was in the past and what the cost are involved in that in terms of making it ADA access on each end, acquiring the land, that kind of thing or one (1) of the other options is it's not a functional pedestrian it's just a historic site. Is that, are we committed to making it a functional pedestrian walkway or are we just looking to make it a historical site? Mr Renaud: I believe, I mean what it's about it's really what it's going to cost and where we're going to go get everything if we want that bridge to be active. Mr Bynum: Active meaning functional? Mr Renaud: Yes. Mr Bynum. So folks could get from Lihu`e to Immaculate Conception. Mr Renaud. Correct. Mr Bynum. As pedestrians in a safe way Mr Renaud. Yes. Mr Bynum. So our hope is that it's functional? Mr Renaud. Yes and the report is going to tell us everything (inaudible) then we're going to have to make that final decision. Mr Bynum. Including what the cost might be? COUNCIL MEETING - 16 - October 13, 2010 Mr Renaud. Yes. Mr Bynum. Okay Thank you very much. Chair Asing: Thank you. Any further discussion? Councilmember Chang. Mr Chang: Thank you Mr Chair Good morning Ed. With the bridge hopefully being functional, did we take a look at the tree line? I was there yesterday so by meaning the tree line if it's functional, looks like there's a lot of ban bush and a lot of real thick, a lot of dead wood up on the top So are we maybe planning, is the plan to maybe trim the area around and bring in some sun? Mr Renaud. Well once we finish with the feasibility study, the final state and then we're going to determine what we're going to do. Mr Chang: Okay Mr Renaud. See the thing is, we don't have. we did not go on that property because we don't have a Right-of-Entry, we don't own anything. So by going through the legal avenue, now we can move on the property but as for trimming of anything, we're not going to do that yet until the study comes back. Mr Chang: Okay It seems as though the life span of the bridge if it's wood, would be much longer that because it's not going to be moldy or soggy and maybe might be a lot brighter so the people, I mean it would be a beautiful bridge. Mr Renaud. Yeah. Mr Chang: When it's functional. Mr Renaud, The community when we last met with them, some of the members there were thinking about going in and maybe cutting the vegetation so I would just have to get back with them and you know Mr Chang: Okay Thank you, Ed. Chair Asing: Councilmember Bynum. Mr Bynum. Just a couple follow up questions to Mr Chang's. So the County owns the bridge itself, is that correct? Mr Renaud. Well the history is. let's just say yes for now because there's a long history COUNCIL MEETING -17- October 13, 2010 Mr Bynum. And when you say Right-of-Entry you meant to do the studies, the county to enter private property needs permission from the landowner? Mr Renaud. Correct. Mr Bynum. Okay, thank you. Chair Asing: I see some concerns. Am I misinterpreting the concerns? Okay? Any other questions for the Deputy County Engineer? If not, Ed thank you very much. So I assume that's your report and we're going to start moving forward and I believe the next item is for approval a proposed draft. ALFRED B. CASTILLO, JR., COUNTY ATTORNEY I'm sorry Council Chair. Council Chair, I'm sorry Al Castillo, County Attorney On the last. if I may? On the ownership on the bridge itself, whatever answer was given, what I'd like to offer is that whether or not the county actually owns the bridge is a legal question that if this Council at an appropriate time would like to discuss it in Executive Session, our office would be able to do that. There being no one else to speak on this matter, the meeting was called back to order, and proceeded as follows: Chair Asing: Okay, thank you. With that, any further discussion? If not. Mr Furfaro: Mr Chair Chair Asing: Yes. Mr Furfaro: I would like to ask if we could have this come back on the agenda mid-January and get a full update. Chair Asing: Yes. Mr Furfaro: Thank you. Chair Asing: Thank you. Any further discussion? If not, we have a motion to receive item 2010-281. Mr Bynum. Is it a defer? Chair Asing: Oh, we didn't have a motion. Okay can we have a motion to receive? Mr Furfaro: Move to receive. COUNCIL MEETING - 18 - October 13, 2010 Mr Bynum. Second. Chair Asing: Any further discussion? If not, all those in favor say "aye"? Councilmembers: Aye. Chair Asing: Opposed say no? Motion carried. Next item please. Mr Furfaro moved to receive C 2010-281 for the record, seconded by Mr Bynum, and unanimously carried. Mr Nakamura. Next matter is a motion to, I'm sorry a communication for receipt is communication C 2010-282. C 2010-282 Communication (09/27/2010) from the County Engineer, requesting to amend Ordinance No. 2010-706, relating to the Fiscal Year 2010-2011 Capital Budget which addresses the appropriation transfer for additional engineering services for the Kapaia Swinging Bridge from the following item in the General Fund, Keapana Bridge Replacement $40,000 to the General Fund-CIP appropriation entitled Kapaia Swinging Bridge $40,000: Mr Chang moved to receive C 2010-282 for the record, seconded by Mr Kaneshiro, and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter on the bottom of page two (2) of the Council's agenda is communication C 2010-283. C 2010-283 Communication (09/07/2010) from Councilmember Kawahara requesting agenda time to discuss the County of Kaua`i's sexual harassment and workplace violence policies. Chair Asing: Thank you. With that, Councilmember Kawahara. Ms. Kawahara. Thank you. I've asked for this to be put on the agenda because of the several sexual harassment and workplace violence cases that were recently settled and reported in the newspaper I feel that the County Council should be able to have a discussion on what we feel is happening and why we were worried about all of these payments having to be made. The total payments for two (2) cases come out to seven hundred thousand dollars ($700,000.00), one of which is Hirakawa case and another one which is the Jane Doe vs. County of Kauai EEOC charge number 486-2009-00268. The magnitude of the payments and the behavior the behavior that occurred in certain departments I believe needs to be addressed and I believe we should discuss it here and that was COUNCIL MEETING _19- October 13, 2010 my reason for putting this on the agenda. The safety of our employees is. should be one of the highest priorities that we have That they work for the County, they should be able to have a safe place to work free from any kind of harassment, sexual harassment, workplace violence or hostile environments. The EEOC case was a hostile environment complaint and the Hirakawa was a sexual harassment case. These all came down the pipe from a previous administration, so I do want to acknowledge that this administration inherited those cases. And I'd like to take comments or statements if anybody has things to say Councilmember Bynum. Councilmember Furfaro. I'm staring right at you. Mr Furfaro: I want to thank you for putting this discussion on the table. I do think that this is an entire council issue for our body to look into and to review As you know we have our own from the Office of the Clerk, policies on workplace violence, as well as sexual harassment standards that are at the County Council level and there is a need perhaps to communicate the urgency to implement a business training plan throughout the departments of the county that address this. I will ask to circulate to you later today minutes of the July 20, 2010 Civil Service Commission meeting of which I asked for agenda time. I have my copy of those minutes but the Commission did acknowledge that I was there to talk on behalf of the Council and really to discuss regarding the Human Resource capacities of the Department of Personnel Services. My concern is that we as a body need to encourage this accountability and training in a formal business training plan for all departments when it comes to workplace violence and sexual harassment. I have distributed also the concept that we implement county wide a vehicle of an upward appraisal so that line employees can give constructive feedback upward. And I distributed to them copies of this upward appraisal tool which I feel would identify the values that we make statements in our particular policies. I also pointed out the fact of the matter is you know we really need to have an incremental business training plan that is followed through and that people understand the expectations, the standards and more importantly the consequences that there is zero tolerance level within the county I will be making copies of my presentation to Civil Service Commission on my concerns with personnel management and Human Resource training to all of you later today Ms. Kawahara. Thank you Councilmember Furfaro Any other comments? Councilmember Bynum. Mr Bynum. I've been on the Council for four (4) years so I've had the opportunity to sit in settlement meetings regarding several cases and I also want to share that this is an issue that is important to me. I've been a therapist for twenty-five (25). for thirty (30) years, twenty-five (25) years of which I was a victim advocate and worked with victims, and prior to that, almost thirty (30) years ago, I was a manager in a county and managed people and we had a sexual harassment, workplace violence protocol and procedure that required managers to follow it. I know as a manager if I had allegations of workplace, hostile workplace environment or sexual harassment and I didn't follow through with the protocol, that I would be sanctioned and possibly terminated. That was thirty (30) COUNCIL MEETING -20- October 13, 2010 years ago and so as we have these cases coming down, I've gotten increasingly concerned that the response was inadequate. These issues are very sensitive because they involve personnel and confidentiality and so accountability is not always easy, and for that reason Councilmember Kawahara and I worked on a written statement that I would like to read into the record and distribute, and so I'm going to read that at this time. Mr Furfaro. Could I just ask before you read that, again I just want to reiterate my statement when I went to the Civil Service, this is an issue for the whole body Ms. Kawahara. Yes. Mr Furfaro• And I understand within the guidelines of OIP, no more than two (2) of us can collaborate on any documentation or concerns. I just want to say I appreciate the work you did, but I assume it was for the entire body Mr Bynum. That's why we're distributing it right now Mr Furfaro: I appreciate that Mr Bynum. Ms. Kawahara. Thank you Councilmember Furfaro. Mr Furfaro: But I just wanted to make that very clear Ms. Kawahara. And it's a good point. Mr Furfaro: Because it is important for the public to know, no more than two (2) of us can collaborate on something and I just wanted to point out, as I went to Civil Service back in July, it was for the body and I said that in my testimony Ms. Kawahara. And that's a good point. Mr Bynum. And I appreciate that and that's why this is being distributed now and we have an agenda item and we can discuss it in open session. Mr Furfaro: Yes. Mr Bynum. So with that I'd like to read this statement that's dated today . (attachment) The Hirakawa case and several others in the last few years lead to the inevitable conclusion that the county of Kauai has repeatedly failed to respond appropriately to allegations of sexual harassment and hostile workplace environment. The Hirakawa case has had an unusual level of public disclosure, but most cases settle prior to open court proceedings being filed and are COUNCIL MEETING -21- October 13, 2010 shielded from public scrutiny The county has paid millions of taxpayers' dollars to settle claims; managers and supervisors continue to make the same fundamental mistakes; and the County has yet to take any action to correct the situation. The repeated failures that have occurred at the highest levels of County leadership can only be described as a total and systemic breakdown. This has resulted in a climate where many employees, particularly women, feel unsafe in the workplace and have no faith that their concerns will be responded to appropriately, if at all. Managers who have repeatedly engaged in behaviors that lead to the claims have been protected from any consequence because, in violation of County policy, personnel inquiries are not even initiated. Thus, no investigations are conducted and the actions of these supervisors are effectively conveyed-up and their accountability is non-existent. When there is no follow through in implementing our workplace violence/sexual harassment policies, a strong and valid argument can and has been made that the county protects supervisors who harass and threaten their employees. Since 1998 when the Supreme Court issued rulings in two (2) cases, the County has known that in sexual harassment/hostile work environment cases, an employer may be held liable when the person doing the harassing is the plaintiffs direct supervisor or higher However, in those cases in which no tangible adverse employment action is taken against the plaintiff in the context of the alleged harassment, employers are allowed to assert a defense to liability and damages if they are able to prove that: (1) the employer had a published anti-harassment policy prohibiting the conduct in question and provided employees with channels to report the conduct; (2) the harassed employee unreasonably failed to report the conduct using-those reporting channels; and (3) the employer, up on learning of harassment, promptly took action to stop the behavior Although the County's anti-harassment policy is deeply flawed, one does exist, yet to our knowledge not even one sexual harassment training has been conducted and not one investigation, required by policy, into sexual harassment has been conducted. Most of the liability the County has incurred has come not from the alleged harassment but from the failure of any manager to take any action. So not only are supervisors who are accused of misconduct not investigated and no corrective action taken, other supervisors who fail to fulfill their responsibility to follow the policy are not held accountable. Although the County's failure to address issues of sexual harassment/hostile work environment have resulted in huge liability for the county, the more important question is what kind of message does this send to the employees of the County? On a brighter note, the current administration has recognized this problem and the Mayor and County Attorney are in the process of revamping the county policies and issues of accountability We trust that comprehensive, annual training COUNCIL MEETING -22- October 13, 2010 in sexual harassment/hostile work environment issues is on the horizon for employees and managers. Discussion is ensuing about revamping the Personnel Department into a Human Resource Department which would not just hire employees and manage their records but would also recognize our employees as our most valuable resource and be tasked specifically to protect our employees' rights to work in a safe environment, free from sexual harassment and workplace violence. Thank you. Chair Asing: Thank you. With that. I totally agree, I think it's a good statement. And I'm in total agreement. I also am in total agreement with Councilmember Furfaro on what he's done. With that any further discussion? Councilmember Kawahara. Ms. Kawahara. Thank you. This is a difficult decision. I have a choice today to be silent and accept the status quo of what's been happening in this County and the pattern that's emerged in just the two (2) years that I've been here or to make a statement with the hope that I can, what I say can help make a change. It has been difficult to sit through these Executive Sessions. The behavior of employees against other employees has been horrendous. I believe that, that we have settled those cases and the worst part is, is that our County Attorneys did not get out of the gate because we the managers did not even bother to do an investigation and follow up on any report. Not even the out of the gate, our County Attorneys can't even defend us. So we paid two hundred fifty thousand dollars ($250,000 00) case for hostile work environment. four hundred fifty thousand dollar ($450,000 00) case for sexual harassment. To me, it's unacceptable. If it comes from ignorance on the part of the manager then the remedy is training and education. And in this day and age I can't imagine what kind of ignorance it takes to not understand that anybody that works anywhere deserves to be in a free, a place free of violence or sexual harassment. If on the other hand the behavior was purposeful and malevolent then the county policy should hold that person accountable for their actions and behaviors. What we have now is not working. We have a policy that is a promise to our employees that they will have a safe workplace free from any kind of harassment. And what we have is a promise that we haven't kept. And the reason why it's so important to me and the reason why the statement that Councilmember Bynum and I put together is so important is. stating that we have failed at the top levels of all of our Departments and our Administration and in our Council. If you have any wonder about whether these things exists or these things happen. this is a difficult part. I can say it does and it has happened and I've experienced it here on the level of the county council. I don't believe that I need to state anything further The incident resulted in a Police Report, a consultation with the County Attorney Close examination of public record on July 22nd will show that under advisement I sought to address this incident in an Executive Session and made a motion that was seconded by Councilmember Bynum. At that time I was pressured to withdraw that request and that we would go into Executive Session later When later came, despite my COUNCIL MEETING -23- October 13, 2010 request and the recommendation of the County Attorney, the Council majority voted not to enter into the session. So that it is even possible that this can happen to somebody on your highest, highest leadership level on your Legislative Level should be proof that this is a serious problem and that we have fostered a climate that says that this is okay We have fostered a climate where it is not questioned, it is not looked into, and I myself as an elected official, in the highest level of county cannot say with confidence that anybody that does bring up or is brave enough to say something about any sexual harassment or workplace violence, I have no confidence that what we have in place will protect them, will give them a fair hearing on both sides. And that is why I believe that this was important to bring up and at. and the incident is all I'm going to say about that, is what I said here, everything is in public record, if you look closely and I would request that this Council and this Administration support any movement towards a Human Resources Department. What we have is a Personnel Department which handles hiring, reclassification and records of employees. There is no systematic way of making sure that every Department Head is aware of what is not acceptable behavior in the workplace I come from the State level so I have an interesting insight, I happen to come from a State level and a Department of Library Public Libraries and we have a really rigid and strict policy and zero tolerance for any kind of behavior that is harmful or threatening to other employees. So I wanted to share that what we have here is below optimal and very necessary to be looked at and I want to support the Mayor and the County Attorney in any effort and any rapid and to understand how urgent the issue is because it may not only be women but for the most part, that's how it works. There's mothers, daughters, your sisters, your girl friends, your cousins. are all sitting there relying on this promise that nobody follows. - I appreciate the time given to this-important issue and againI urge both council and the administration to look into this urgently and seriously and address it as soon as possible. Chair Asing: Thank you. With that Councilmember Kawakami. Mr Kawakami. Thank you Mr Chairman and thank you Councilmember Kawahara for putting this on the agenda. And you know these are the type of situations that we should be foraging these public private partnerships okay, because and the reason why I say that is that. if we are implying that the county needs help on their policies, we should look no further than the private sector Because I can tell you the private sector cannot afford yeah, to make these kinds of mistakes and because of that, we have procedures set in place, we have members that are members of the Chamber of Commerce, we have members here that have been in private sector You know, for example. one (1) example my place of employment there's a pre-employment screening and these are all benchmarks that must be hit upon and we should be crafting solutions. You have a post employment orientation, every employee goes through an orientation that COUNCIL MEETING -24- October 13, 2010 introduces them to the policies and procedures and the promises that you talked about. From that post employment trainer, there's periodic manager training that managers are required to do, scheduled training specifically on workplace violence and sexual harassment because these are the two (2) most difficult to face, they're the most uncomfortable, they're the kind of cases that make you cringe, and it turns your guts inside out, it's those hard issues. So you have periodic manager training, you got re-training, we have parameters in place for post occurrence retraining. So if there is a occurrence, the whole organization get's retrained. There's standard operating procedures, so these are the kind of situations where we don't have to reinvent the wheel, they're already procedures in place so I'd just like to. we should be reaching out to the private sector, perhaps the Chamber of Commerce, and any port out there to see where we can fine tune our operation. Because if it's implying that we have a system and its broken down, let's fix it and what are the solutions. So thank you for bringing this up so that we can start moving forward to tighten the screws and reaching out because these are the type of partnerships that we should be forging together so that we can come up with solutions, effective, practical solutions, common sense solutions. Thank you Mr Chair Chair Asing: Thank you, any further discussion? Councilmember Furfaro. Mr Furfaro• Thank you to Lani and Mr Bynum for your composition here. I do want to say over the last few years, I too, have had concerns where many of you know my commentary deals with our current personnel department, which really only focuses on recruitment and job qualifications and staffing cars and reviewing applications. But I do know over recent months, I have had some opportunity to speak with attorneys in the county's legal department, and expressed to them the need to underline what you said earlier, Lam, a human resource director, who can be an aide and assistant to the general department heads. I think four years ago, in Mr Bynum's situation, he knows that I made an aggressive attempt going in front of the Police Commission as well, with the implementation of an upward appraisal process, where line employees could give back constructive feedback in a sound and confidential manner, and I'm very pleased to share that we have recently implemented that upward appraisal process here within our own department. And it is one of the reasons that I went to Civil Service to speak in terms of a Human Resource director who overall watches a business training plan, to see that the appropriate training is being implemented, and the consequences of such are left out. I am also a very big proponent of upward appraisals, as I have shared with all of you. And it is something, that I know after my testimony in front of the Civil Service Commission, that they have indicated to me that they are working on their own model to address this. It starts with the fact that we need to have that Human Resource person to manage these moving parts and not just administer personnel record-keeping and processing. So as I mentioned at the very beginning of this, this COUNCIL MEETING -25- October 13, 2010 is a Council issue and we all need to be part of getting us to a solution. And there are, as Mr Kawakami pointed out, private practices that can be initiated. You know, I am a retired hotel executive, and working with ITT and all the federal contracts that existed, these types of policies within government contracts were mandated, 360-reviews, upward appraisals and policies that people could feel were implemented because they had a safe zone to go and give constructive feedback. And there was a business training plan in place. So thank you Lani and Mr Bynum for your composition of this most recent correspondence on an urgent matter in the County Thank you. Chair Asing: Thank you, any further discussion? Council member Chang? Mr Chang: Thank you Chair I want to commend Councilmember Bynum and Councilmember Kawahara, it was a great letter I want to start off by first of all by giving Councilmember Kawahara a lot of aloha for being brave. I spoke to several Human Resource Directors and several owners of business and I think one thing that a lot of people couldn't understand that we as a county don't have a Human Resource Department. That is what I think surprised most people and I think we understand what our Personnel Department does but I don't realize that the general public doesn't even realize that we don't have a Human Resources Department. All of us are concerned, no question about it. We have had several wonderful discussions and enlightening discussions, but in this day and age with social communication and different people mocking gender or race or sexual preferences, we know what is happening with a lot of our youth. A lot of people can't handle what is going on and this is very serious, but what I believe with this conversation is that this is not coming to deaf ears. I believe at this point the Mayor, the Administration and in particular our County Attorneys, I think it had to come up, it did come up, it needed to come up and I think that this community is going to require and deserve us to take action and be accountable for who we are and how we treat our fellow men and women here on Kauai, and really hopefully be a forefront within the State. And you know again I need to commend you Councilmember Kawahara for your bravery and to bring this up, but I think you have all of our full support. Thank you. Chair Asing: Thank you. Any further discussion? If not, go ahead, and come up Mr Mickens. There being no objections, the rules were suspended. GLENN MICKENS• Thank you Kaipo, for the record Glenn Mickens. I just want to salute Lani for bringing this issue up Not only the monetary value that the taxpayers are going through with this, I don't think they actually know or ever see finality of this it's probably done behind closed doors before you hear about it but the other part that Lani brought up I thought she COUNCIL MEETING -26- October 13, 2010 was. and what Dickie pointed out, it's very brave and I think it's a subject that does obviously need addressing and hopefully this Council will do it. Thank Kaipo. Chair Asing: Thank you. Is there anyone else? PAT GEGAN For the record, Pat Gegan. After hearing the testimony and discussion that occurred today, I'm no less appalled and disappointed at all the members of our County Council as well as the Administration. Why I am saying that is because people are hiding behind having a Human Resource Department to take care of this. Tell me this, if it was your wife, your daughter, who was the one being discriminated against, being harassed, is that what your claim would be? Waiting for a Human Resource Department. Where is the human part of you? Where are you taking responsibility for your actions? Mr Kawakami, I agree, in the private sector, the training, the enforcement that occurs there is very important. The same as you mentioned, Mr Furfaro. I was in a corporation for twelve (12) years. If 1 missed a harassment training, I was reprimanded on the spot and we're talking one (1) hour If I did it at 1:00 in the morning and it was due midnight, I was reprimanded. My question to you, the people who have been the perpetrators and violators, have they been dismissed from their jobs? There is nothing less that would happen in the private sector Those with the private sector background, why are you accepting that, why are you allowing that to happen on this Council, in my County? I am visibly upset. I am shaking. I cannot believe that this is happening on Kaua'i. I applaud those of you who have tried, but what success has actually been achieved? Again, if it was your daughter receiving this type of behavior, would you have stopped at going to a hearing? Would you have stopped at allowing a payoff to be good enough? I sure as hell would not have. This is not acceptable. I expect that in the future we hear that things have happened and happened rapidly I don't care if it's a private/public partnership The people who are doing this do not belong in my county, working in my government, the one that I support, the one that the taxpayers of Kauai support. I thank you for this opportunity and please, take care of this issue now before we have to have more emotional testimony Chair Asing: Thank you. Is there anyone else? RANDY FRANCISCO- Aloha, Randy Francisco, Kauai Chamber of Commerce. First of all, thank you for bringing up this important issue, and as a chamber, we just concluded our annual employment law seminar, which was attended by some county employees. So we look forward to working closely with this Administration and the County Council. I think the benchmark is, it's easy to COUNCIL MEETING -27- October 13, 2010 preach, but it's hard to do it and I think this Council, as we as a Chamber, have really worked hard to try to lead by example I want to thank Councilmember Kawahara for her service, because I know she is not running for re-election, but I think this is an important footprint, because listening to your very difficult statement and commentary As a former educator, as you will probably see in this week's Midweek, the first-class I taught, 29 out of 29 slots were women from abused relationships. So in the name of social justice, for all of the silent people who come from abused relationships, I think the real benchmark is that your words can live through the actions as demonstrated in leadership such as this council. We look forward to working with the Mayor and his Administration to do whatever it takes. So thank you for that. Mahalo. Chair Asing: Thank you. Mr Taylor? KEN TAYLOR. Chair and members of council, my name is Ken Taylor I too want to thank Lam and Tim for bringing this to the table. And I would certainly echo comments that were made earlier from some of the public that you folks need to get a handle on this, and get a handle on it quickly It's not acceptable for the county taxpayers to have to pay $700,000, $800,000 in an issue that should have never taken place in the first place. It has and as it has been said, those people should be gone, they shouldn't even be in government. This is unacceptable. What has gone on this floor at this table, this past year, is not acceptable to the people of the county either and I think that it's time that we all take a real look at what is going on, and understand that you folks here have a job to do for the county, and that is to take care of the people's business. Not harass each other and play little games that we know has been going on this past year, and it's not acceptable to continue in this direction. It's time that we make some changes and you sit here as individuals taking care of the people's business, and forget therest of the situations that may disturb you about one person's-attitude or another but take care of the people's business that's what you're elected to do. That is what you are expected to do. And I hope that in the future, that is what will be done. Thank you. Chair Asing: Thank you. Is there anyone else? Go ahead. Mr Furfaro: Mr Taylor? Chair Asing: Mr Taylor Mr Furfaro• I do want to say that as mentioned, I believe we are moving towards that direction. I want to assure you that as the father of three (3) professional daughters, as an individual who recognizes the need to constantly make improvements with the Administration, with the County Attorney's office, with the presentations being made in front of the Civil Service Commission, with the implementation of upward appraisals that we have done here at the County level for the Council to show a model, I take your testimony very serious and I do want you to know, as you left the question on the table, we have COUNCIL MEETING -28- October 13, 2010 begun taking forms of action. I did not pose that in a question to you. I just wanted to answer your question. We are implementing items that need to make changes so we do not have this kind of exposure and I do know that the Administration, the County Attorney and working with this body, we are urgently trying to make those changes. Thank you, Ken. Mr Taylor Thank you. Chair Asing: Thank you. Is there anyone else? If not, I would like to call the meeting back to order Any further discussion? 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. I wanted to put most of my statement in writing, so it was available because this is really an emotional subject for me and for a lot of people. I want to thank Mr Gegan for coming up here and expressing the appropriate emotion about the circumstance. And I just want to answer some of these questions that we had cases like this prior to me being on the Council. I learned that when I came on the Council that they had been mishandled. We've had cases since then. We deal with workers' compensation claims and all kinds of stuff appropriately in Executive Session and this Council is very diligent at saying how do we prevent this from occurring again? Do we need better equipment? Better training? What do we need to do risk-management? We actually funded a position for risk-manager, which because of economic situations hasn't been filled, and so the Council does take this seriously, but when it comes to sexual harassment and workplace violence claims, I have been here almost four (4) years and have seen no action taken. So you sit in the meeting and say what was the result of the personnel inquiry, what discipline was there. none. What was the result of the inquiry? Oh, we didn't initiate one and it's appalling. That is what we're sitting here talking about, even in the most recent cases, after we have paid out millions. We can't talk about what the consequences were for either the alleged perpetrators or the managers who failed to follow county policy, because we never even initiated the inquiry So I wanted to drive that point home. I think it says that in the written statement and it's got to change. Chair Asing: Thank you. Any further discussion? If not, do we have a motion on the floor? Can I have a motion to receive? Ms. Kawahara. Move to receive. Mr Chang: Seconded. Chair Asing: Thank you. I would like to just echo some of the concerns. I agree totally with the concerns raised. I think they are concerns that are there that we needed to address. So we did address a number of issues as COUNCIL MEETING -29- October 13, 2010 described by Councilmember Furfaro and some of the things that we have done. So I also commend the County Attorney's Office for their pursual in revamping the process and working on it to revamp it. So with that, thank you very much. If there is no further discussion, the motion is to receive. All those in favor say aye? Councilmembers: Aye. Chair Asing: Opposed say no? Motion carries, thank you. Next item please. Upon motion duly made by Ms. Kawahara, seconded by Mr Chang, and unanimously carried, C 2010-283 was received for the record. Mr Nakamura. Next matter for approval on page five (5) of the Council's agenda is a Legal Document, communication C-2010-284. LEGAL DOCUMENTS. C 2010-284 Communication (10/04/2010) from the County Engineer, requesting authority from the Council to execute the following, which includes an indemnity provision, to determine the feasibility and cost of repairing the Kapaia Swinging Bridge 1) Right of Entry by Roy Goo, TMK (4) 3-7-004-009-0002. 2) Right of Entry by Haili Moe, Inc., TMK (4)3-7-001-001. Mr Chang moved to approve C 2010-284, seconded by Ms. Kawahara and unanimously carried. Chair Asing: Next item please. Mr Nakamura. Next matter on page five (5) of the Council's agenda for approval is a Committee Report from your Committee on Public Works & Elderly Affairs. Mr Kawakami recused himself from the Committee Report at 10:33 a.m. COMMITTEE REPORT- COMMITTEE PUBLIC WORKS/ELDERLY AFFAIRS COMMITTEE A report (No CR-PWE 2010-6) submitted by the Public Works/Elderly Affairs Committee, recommending that the following be approved on second and final reading: COUNCIL MEETING -30- October 13, 2010 "PWE 2010-5 - Communication (9/29/2010) from Committee Chair Bynum, requesting the Administration's presence to discuss Ordinance No. 885, relating to Plastic Bag Reduction," Chair Asing: Any discussion? I'm sorry, hang on. The rules are suspended. Glenn please. There being no objections, the rules were suspended. Mr Mickens: Thank you again Kaipo. For the record Glenn Mickens. I have got a short testimony on this issue. Let me read it for the record. I believe that Tim and Lani did a fine job of crafting Ordinance 885 and along with two (2) other members of this Council it was passed one (1) year-ago. Since the retailers who will be affected by this ordinance have several options to give their customers other than degradable bags, I can see no legal reason for the delay in the implementation of this ordinance. As many members of the public have said, this ordinance is completely explanatory and why we need workshops or County Attorney advice at this eleventh hour is mystifying to me. And again, before it was given to the Council for passage, the County Attorney had to have reviewed it and if there were legal problems or Public Works didn't do their job, why wasn't this done then rather than waiting to review it? I would appreciate someone telling me where my misinterpretations are. The fact that the ordinance was legally reviewed or at least should have been and passed by this body is unquestionable. So what part of the equation am I missing? It seems you have done your work and Al, you have done your job and passed the ordinance and now we're going to sit here and have workshops and wait until January 11th to have a Public Hearing and go on with this. Why? Why should we delay this thing and say hey, implement it. I can't see that the markets out there are going to have problems with it. If you were mandating and said, hey, you have got to use degradable bags and they don't have degradable bags on this market, except you heard Pat or somebody talk about they do have, but they are not into plastic bags yet. If you mandated that they did this and now I can see, well the market is going to say that they are going to come back to you with a legal suit against you but at this stage of the game, they have other they can give paper or they can give make do which I think the ordinance was made in the first place to bring your bag back and forth with you to fill it up. So again if anybody's got an answer to this, I just want to know because it doesn't make sense to me that the process got to this stage of the game and now all of a sudden it stopped. So if anybody's got any response I'd be happy to hear it. Chair Asing: Thank you Glenn. Is there anyone else? If not, I would like to call the meeting back to order Councilmember Bynum. There being no one else to speak on this matter, the meeting was called back to order, and proceeded as follows: COUNCIL MEETING -31- October 13, 2010 Mr Bynum. I appreciate Mr Micken's testimony I think we're good to go with the ordinance. It's going to be implemented January 11th. I think that the County Attorney Yes this bill was legally reviewed prior to its introduction and the County Attorney and Public Works have been involved through the process and I think they have done a good job. I would have liked for us to communicate sooner to retailers and that is why we're having workshops, we need to get the word out and do it quickly, and let retailers know as of January 11th, 2011, 11/11/11 (sic), you can't give a plastic bag at the point of sale. You can give a paper bag and you can encourage your customers to bring, which is the point of the bill, bring reusable bags and not use any disposable. So we want to get that word out, but we're good to go. The workshops I applaud and I think they are important. And I would ask the newspaper to help get the word out and they have written an article recently that we're implementing, along with our sister county Maui on the same day, change in behavior that is good for our island and our environment. Thank you Mr Chair Chair Asing: Thank you. Any further discussion? If not, all those in favor say aye Upon motion duly made by Mr Bynum, seconded by Mr Chang, and unanimously carried (Mr Kawakami recused), CR-PWE 2010-6 was approved. Chair Asing: Next item please. Mr Nakamura: Council Chair just for the record on that last Committee Report, Councilmember Kawakami is recused from this matter so his vote will show A recused vote on this one. -" _- Mr Kawakami was noted present in the meeting. Mr Nakamura. Next matter for consideration are Resolutions, first Resolution is No. 2010-52. RESOLUTIONS. Resolution No. 2010-52, A RESOLUTION ESTABLISHING STOP SIGNS AND STOP LINES AT KONOHIKI ESTATES SUBDIVISION, KOLOA DISTRICT, COUNTY OF KAUAI. Mr Kaneshiro moved to approve Resolution No. 2010-52, seconded by Mr Chang, and carried by the following vote. FOR APPROVAL. Bynum, Chang, Furfaro, Kaneshiro Kawahara, Kawakami, Asing TOTAL - 7, AGAINST APPROVAL. None TOTAL - 0, EXCUSED & NOT VOTING None TOTAL - 0 COUNCIL MEETING -32- October 13, 2010 Chair Asing: Thank you. Motion carried, next item please. Mr Nakamura. Next Resolution for approval is Resolution No. 2010-53. Resolution No. 2010-53, RESOLUTION AMENDING RESOLUTION NO 4 (1988) DELETING AND ESTABLISHING SCHOOL BUS STOP IN THE KAWAIHAU DISTRICT- Mr Bynum moved to approve Resolution No. 2010-53, seconded by Mr Chang, and carried by the following vote: FOR APPROVAL. Bynum, Chang, Furfaro, Kaneshiro Kawahara, Kawakami, Asing TOTAL - 7, AGAINST APPROVAL. None TOTAL - 0, EXCUSED & NOT VOTING None TOTAL - 0 Chair Asing: Next item please. Mr Nakamura. Next matter are bill for first reading, first bill for first reading is Proposed Draft Bill No. 2381. BILL FOR FIRST READING Proposed Draft Bill (No. 2381) - AN ORDINANCE AMENDING ORDINANCE NO B-2010-705 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE LIQUOR FUND ($450,000.00 - Claims and Judgments/General Liability): Mr Kaneshiro moved for passage of Proposed Draft Bill No. 2381 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for November 10, 2010, and that it thereafter be referred to the Budget & Finance Committee, seconded by Bynum. Chair Asing: Any discussion? If not, roll call please. The motion for passage on first reading 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 Mr Nakamura. Seven (7) ayes Mr Chair Chair Asing: Thank you. Next item please. COUNCIL MEETING -33- October 13, 2010 Mr Nakamura. Next bill for first reading is Proposed Draft Bill No. 2382. Proposed Draft Bill (No. 2382) - AN ORDINANCE AMENDING ORDINANCE NO B-2010-705 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($79,555 00 - Salaries, Prosecuting Attorney's Office)- Mr Kaneshiro moved for passage of Proposed Draft Bill No 2382 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for November 10, 2010, and that it thereafter be referred to the Budget & Finance Committee, seconded by Chang. Chair Asing: Any discussion? If not, roll call please. The motion for passage on first reading 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 Mr Nakamura. Seven (7) ayes Mr Chair Chair Asing: Thank you. Next item please. Mr Nakamura. Next bill for first reading is Proposed Draft Bill No. 2383 Proposed Draft Bill (No 2383) - AN ORDINANCE AMENDING ORDINANCE NO B-2010-705 AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Solid Waste Appropriation, Other Services $50,000, Computer Peripherals/Supplies $2,400 and Controlled Assets $4,900)• Mr Kaneshiro moved for passage of Proposed Draft Bill No. 2383 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for November 10, 2010, and that it thereafter be referred to the Budget & Finance Committee, seconded by Chang. Chair Asing: Any discussion? If not, roll call please. COUNCIL MEETING -34- October 13, 2010 The motion for passage on first reading 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 Mr Nakamura. Seven (7) ayes Mr Chair Chair Asing: Next item please. Mr Nakamura. Last bill for first reading is Proposed Draft Bill No. 2384. Proposed Draft Bill (No. 2384) - AN ORDINANCE AMENDING ORDINANCE NO B-2010-706 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Kapaia Swinging Bridge $40,000): Mr Kaneshiro moved for passage of Proposed Draft Bill No 2384 on first reading, that it be ordered to print, that a public hearing thereon be scheduled for November 10, 2010, and that it thereafter be referred to the Budget & Finance Committee, seconded by Bynum. Chair Asing: Any discussion? If not, roll call please. The motion for passage on first reading 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. Next item please. Mr Nakamura. There's no further business Mr Chair ADJOURNMENT There being no further business, the meeting was adjourned 10:42 a.m. Respectfully submitted, qLA- - ~ PETER A. NAKAMURA County Clerk /ds