HomeMy WebLinkAbout03/24/2021 Council minutes COUNCIL MEETING
MARCH 24, 2021
The Council Meeting of the Council of the County of Kaua`i was called to order
by Council Chair Arryl Kaneshiro at the Council Chambers, 4396 Rice Street,
Suite 201, Lihu`e, Kaua`i, on Wednesday, March 24, 2021 at 8:43 a.m., after which
the following Members answered the call of the roll:
Honorable Bernard P. Carvalho, Jr.
Honorable Mason K. Chock
Honorable Felicia Cowden
Honorable Bill DeCosta
Honorable Luke A. Evslin (via remote technology)
Honorable KipuKai Kuali`i
Honorable Arryl Kaneshiro
Council Chair Kaneshiro: Good morning. Today's meeting will be
conducted pursuant to Governor Ige's Supplementary Emergency Proclamations with
the most recent relating to the Sunshine Law being his Eighteenth Supplementary
Emergency Proclamation dated February 12, 2021.
APPROVAL OF AGENDA.
Councilmember Chock moved for approval of the agenda, as circulated,
seconded by Councilmember Kuali`i.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members?
The motion for approval of the agenda, as circulated, was then put, and
unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
MINUTES of the following meetings of the Council:
March 10, 2021 Council Meeting
March 17, 2021 Special Council Meeting
Councilmember Kuali`i moved to approve the Minutes, as circulated, seconded
by Councilmember Chock.
COUNCIL MEETING 2 MARCH 24, 2021
Council Chair Kaneshiro: Are there any questions or is there any
discussion on this item from the Members?
(No written testimony was received and no registered speakers requested to
testify regarding these agenda items.)
The motion to approve the Minutes, as circulated, was then put, and
unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
CONSENT CALENDAR:
C 2021-61 Communication (03/09/2021) from Council Chair Kaneshiro,
transmitting for Council consideration and confirmation, the reappointment of Erica
Jolie Anuhea Taniguchi to the Public Access, Open Space, Natural Resources
Preservation Fund Commission (Anahola— Ha ena)— Term ending 12/31/2023.
C 2021-62 Communication (03/09/2021) from the Director of Finance,
transmitting for Council information, the Period 6 Financial Reports — Statement of
Revenues, Statement of Expenditures and Encumbrances, Revenue Report, and
Detailed Budget Report as of December 31, 2020, pursuant to Section 21 of
Ordinance No. B-2020-866, relating to the Operating Budget of the County of Kaua`i for
Fiscal Year 2020-2021.
C 2021-63 Communication (03/09/2021) from the Director of Finance,
transmitting for Council information, the County of Kaua`i 2021 Real Property
Assessment List pursuant to Section 5A-2.2, Kaua`i County Code 1987, as amended.
C 2021-64 Communication (03/11/2021) from the Director of Human
Resources, transmitting for Council information, the March 15, 2021 Vacancy Report,
pursuant to Section 24 of Ordinance No. B-2020-866, relating to the Operating
Budget of the County of Kauai for Fiscal Year 2020-2021.
C 2021-65 Communication (03/12/2021) from the Director of Finance,
transmitting for Council information, supplemental real property tax revenue
information pertaining to the estimated reduction in real property tax revenues
resulting from the Home Preservation Tax Limitation and Very Low Income Tax Credit
relief measures factored with the existing real property tax rates, and based on the Real
Property Assessment Certification for Fiscal Year 2022.
Councilmember Carvalho moved to receive C 2021-61, C 2021-62, C 2021-63,
C 2021-64, and C 2021-65 for the record, seconded by Councilmember Kuali`i.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members? Councilmember Chock.
COUNCIL MEETING 3 MARCH 24, 2021
Councilmember Chock: I just wanted to acknowledge and thank
Anuhea Taniguchi for stepping back up and helping us out with the Public Access,
Open Space, Natural Resources Preservation Fund Commission.
Council Chair Kaneshiro: We will have her resolution up later as well.
Councilmember DeCosta.
Councilmember DeCosta: I would like to piggyback on what Council
Vice Chair Chock said. I had a chance to speak with Anuhea and she comes with
deep core values of our Kaua`i people. Thank you to her for stepping up.
Council Chair Kaneshiro: We can move these comments to the
resolution as well.
Councilmember Cowden: If we are doing it now, I and Council Vice
Chair Chock and I spent several hours with her and a couple of hours on the phone
with her. We talked about what is important. When we reinstate commissioners, it
is very important that we hear what is working for them, why they are doing it, and
what is important to them. I had a wonderful time working with her. I feel very good
about her. With review, she is great.
Council Chair Kaneshiro: Are there any other questions?
(No written testimony was received and no registered speakers requested to
testify regarding these agenda items.)
The motion to receive C 2021-61, C 2021-62, C 2021-63, C 2021-64, and
C 2021-65 for the record was then put, and unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
•
COMMUNICATIONS:
C 2021-66 Communication (02/25/2021) from the Director of Finance,
transmitting for Council consideration:
• A Bill For An Ordinance Amending Chapter 22, Article 24, Kaua`i
County Code 1987,As Amended, Relating To Cat Licensing Program;
and
• A Bill For An Ordinance Amending Chapter 22, Article 10, Kauai.
County Code 1987, As Amended, Relating To Dog Licenses And
Regulations.
Councilmember Kuali`i moved to receive C 2021-66 for the record, seconded by
Councilmember Chock.
Council Chair Kaneshiro: This is just the communication. Are there any
questions or comments from the Members?
COUNCIL MEETING 4 MARCH 24, 2021
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to receive C 2021-66 for the record, was then put, and unanimously
carried.
Council Chair Kaneshiro: The motion is carried. Next item.
C 2021-67 Communication (03/01/2021) from the Executive on
Transportation, requesting Council approval to receive and expend a Federal Transit
Administration (FTA) Section 5311 Coronavirus Response and Relief Supplemental
Appropriation Act of 2021 (CRRSAA) grant, in the amount of$8,000,270.00, which will
be used to support the continued operation of essential public bus transit services for
the County of Kaua`i.
Councilmember Kuali`i moved to approve C 2021-67, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members? Councilmember Cowden.
There being no objections, the rules were suspended.
Councilmember Cowden: Aloha, Celia.
CELIA M. MAHIKOA, Executive on Transportation: Aloha!
Councilmember Cowden: For myself and members of the public, eight
million dollars ($8,000,000), is great news and really helps us with our budget. Can
you give us a brief explanation of what you have here?
Ms. Mahikoa: Thank you so much. I am requesting approval
for the receipt of funds that are being offered through the FTA through the CRRSAA.
The general purpose for the funds that are being generously provided are to ensure
that public transit services will be continued for the community in helping to support
the community's needs during these strained pandemic times. An additional
condition that they are requiring for the funds is that we are not laying off any
individuals and that no positions will be removed. Thankfully, that has not
happened, and we do not anticipate that being the case at any point.
Councilmember Cowden: Thank you so much. Eight million
dollars ($8,000,000) is a significant amount. I really appreciate how that helps our
overall budget, not just for the Transportation Agency. Thank you.
Ms. Mahikoa: Thank you.
Council Chair Kaneshiro: Councilmember Kuali`i.
Councilmember Kuali`i: Thank you for being here, Celia. I have not
seen all the details, but obviously you are using these moneys for big ticket items. It
COUNCIL MEETING 5 MARCH 24, 2021
appears to be slated to be used for salaries and vehicles. Do you think that with these
moneys, it is the intention to help people who are suffering during the COVID-19
pandemic, and put any funds towards the nonprofit discount bus pass program?
Ms. Mahikoa: Based on the proposed work report that was
submitted, it was not included as a separate line item. However, those items typically
can be grouped into the operating assistance line item, which we have allocated over
three million dollars ($3,000,000) towards. That is primarily for employee pay and
fringe benefits. Those types of items can be included in those expenses.
Councilmember Kuali`i: Having these funds, in essence, frees up some
General Fund funds in this next fiscal year. Is that correct? We are talking about a
very little amount of money for the bus pass program.
Ms. Mahikoa: Our budget is primarily funded through the
Highway Fund and the General Excise (G.E.) Tax Fund, and in the range of ninety
percent (90%) to ninety-five percent (95%) of it. It is going to loosen the amount of
funds available in those two (2) funds. For the General Fund, it is rather limited as
to what we draw recently from each fiscal year.
Councilmember Kuali`i: Thank you.
Ms. Mahikoa: Thank you.
Council Chair Kaneshiro: Councilmember Carvalho.
Councilmember Carvalho: Mahalo again for all of the work that you do
over there. We met, and I just wanted to mention again the funding, specifically to
clarify, does not impact the General Fund, but it does support retaining all of the
positions in our Transportation Agency, at all levels. I think that is a great way to
look at it, as far as the budget. Good job in securing these funds to continue to support
our team. As far as the Operating Budget, it does not impact that, correct? It is
specific to this pot of funding and it is for the personnel-side of things. Is that correct?
Ms. Mahikoa: We will have no negative impacts to our
operations, that statement is correct. These federal funds are going to help to
maintain that level of operation that we have and the personnel levels that we have.
These funds will allow our service to continue as it has been, unhindered.
Councilmember Carvalho: Thank you.
Council Chair Kaneshiro: Councilmember Kuali`i.
Councilmember Kuali`i: I have a basic question and I might just be
missing it. If this new money of eight million dollars ($8,000,000) is coming in from
the federal government is helping to maintain, have we lost other moneys from the
federal government, from another pot of moneys, that this is helping to cover?
COUNCIL MEETING 6 MARCH 24, 2021
Ms. Mahikoa: They have not reduced the annual allocations
that they provide us. They are sustaining that at the same time. We are able to
maintain the levels we have. We are not needing to cut anywhere to make up for
what is being allocated here. These are above-and-beyond our normal federal
allocations.
Councilmember Kuali`i: I will stop for now and will follow-up during
budget.
Ms. Mahikoa: Thank you.
Council Chair Kaneshiro: Are there any other questions?
There being no objections, the meeting was called back to order, and proceeded
as follows:
Council Chair Kaneshiro: Is there any final discussion from the
Members? I just want to thank Celia. I am hopeful that we get this. This amount
will make a huge impact to our budget. I did see in our overall budget that this
amount will allow us to put more of our budget towards repaving roads. We can use
more of our G.E. Fund to pay for road repaving, which is a good thing as well. Thank
you for bringing this opportunity to us.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-67 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion passes. Next item.
C 2021-68 Communication (03/03/2021) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau, requesting Council
approval to receive and expend Federal funds for Sexual Assault Nurse
Examiner (SANE) exams, supportive funding, and DNA analysis, in the amount of
$98,507.00, which will be used to continue law enforcement efforts to assist in sexual
assault investigations through agency collaboration, and approval to contract with
and indemnify the State of Hawai`i Department of the Attorney General for the term
commencing July 1, 2021 to May 31, 2022.
Councilmember Carvalho moved to approve C 2021-68, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members?
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: Thank you, Assistant Chief Ponce, for the
work that you do in this area. This is basically the continuation of what we have
COUNCIL MEETING 7 MARCH 24, 2021
already been offering our community. Do you want to just say a little brief piece for
the public?
There being no objections, the rules were suspended.
BRYSON PONCE, Assistant Chief of Police, Investigative Services Bureau:
Sure. Good morning. Back in 2012, we recognized the backlog and the need to
test previously untested sex assault kits that we had stored in evidence. We applied
for a federal grant back in 2012 to conduct deoxyribonucleic acid (DNA) analysis.
Also, we included in there standby pay for our SANE nurses, equipment, and
training. Since then, we have investigated and conducted many forensic sexual
assault cases. In 2012, we had seventeen (17) sexual assault exams conducted.
In 2013, we had eleven (11) exams. In 2014, fourteen (14) exams. In 2015, thirteen
exams (13). In 2016, twenty-four (24) exams. In 2017, fourteen (14) exams. In 2018,
thirty (30) exams. In 2019, nineteen (19) exams. In 2020, fourteen (14) exams.
In 2021, to-date, we had two (2) sexual assault exams. The estimated national
average cost to conduct a sexual assault forensic exam is about five hundred fifty
dollars ($550). In addition, analysis to test the kits run about six hundred thirty-five
dollars ($635). That is through Sorenson Forensics. That work is outsourced. The
cost of the exams and the whole process is really covered through this grant that we
have received since 2012. This period covers July 1, 2021 to May 31, 2022. Again,
this is a huge impact to our Sexual Assault Response Team (SART) program, our
SANE nurses, detectives, and everyone else involved in being able to offer these
services to our sexual assault victims.
Councilmember Cowden: Thank you. Your successful completion rate
has really improved, correct?
Mr. Ponce: Yes.
Councilmember Cowden: Mahalo.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: The increase in the number of sexual assault
tests that you are doing, is that because of an increase in incidents of sexual assaults,
or just because the program has gotten better, and you are able to respond more
appropriately?
Mr. Ponce: A little bit of both. To bring everyone up to
speed, the Sex Assault Kit Initiative (SAKI) movement really took off about three (3)
or four (4) years ago. The Office of the Attorney General spearheaded the Hawai`i
Sex Assault Kit initiative where all law enforcement agencies teamed up, along with
sexual assault response teams and YWCA advocates. When then#MeToo movement
hit around the same time, we saw an increase in reporting. The numbers increased.
There are still many cases that go unreported. The statistics show that about one
percent (1%) of sexual assaults get reported. That is a response to your question that
you asked.
COUNCIL MEETING 8 MARCH 24, 2021
Councilmember Evslin: Thank you.
Council Chair Kaneshiro: Are there any other questions from the
Members?
There being no objections, the meeting was called back to order, and proceeded
as follows:
Council Chair Kaneshiro: Is there any final discussion?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-68 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion passes. Next item.
C 2021-69 Communication (03/09/2021) from the Acting County Engineer,
requesting Council approval to apply for, receive, and expend State funds in the amount
of $313,937.18, from the State of Hawai`i Department of Health (DOH), and to
indemnify the State DOH for the Fiscal Year 2022 grant cycle, for the HI-5 Deposit
Beverage Container program to be used to fund two (2) HI-5 Recycling Specialist
positions.
Councilmember Kuali`i moved to approve C 2021-69, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-69 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion passes. Next item.
C 2021-70 Communication (03/09/2020) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds, in the amount of
$398,681.00, and approval to indemnify the State Executive Office on Aging, to be used
to carry out the provisions of the Area Plan on Aging for the period October 1, 2020
through September 30, 2022.
Councilmember Carvalho moved to approve C 2021-70, seconded by
Councilmember Kuali`i.
Council Chair Kaneshiro: Are there any questions or is there any
i u inM
d sc ss o from the Members?
COUNCIL MEETING 9 MARCH 24, 2021
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-70 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion passes. Next item.
C 2021-71 Communication (03/10/2021) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau, recommending Council
approval to receive and expend Federal funds for the Office of National Drug Control
Policy, Hawai`i High Intensity Drug Trafficking Area (HIDTA) Program, in the amount
of $141,600.00. These recurring Federal funds will supplement the Kaua`i Police
Department's budget with overtime, specialized training, canine maintenance, services
and equipment for use by personnel directly engaged in narcotic-related investigations
for the term commencing January 1, 2021 to December 31, 2022.
Councilmember Kuali`i moved to approve C 2021-71, seconded by
Councilmember Carvalho. Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members?
Councilmember Cowden: Assistant Chief Ponce, this funding is for
harder drugs, correct? Can you say which drugs this money is used to go after?
There being no objections, the rules were suspended.
Mr. Ponce: I cannot specify exactly what drugs. The
grant can be used for any elicit drugs. Generally speaking, our methamphetamine
and heroine-type cases, those types of investigations are usually what the HIDTA
funding is used for. Those are more time-consuming and expensive, because of the
amount of effort that is needed for those.
Councilmember Cowden: How many dogs do we have on the police
force?
Mr. Ponce: Two (2).
Councilmember Cowden: I wanted to acknowledge that one of the dogs
received the "Officer of the Month" recognition not too long ago. That was great.
Thank you.
Council Chair Kaneshiro: Are there any other questions from the
Members?
The meeting was called back to order and proceeded as follows:
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
COUNCIL MEETING 10 MARCH 24, 2021
The motion to approve C 2021-71 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion passes. Next item.
C 2021-72 Communication (03/11/2021) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend Federal funds in the
amount of$290,460.00, and approval to indemnify the State of Hawai`i, Department of
the Attorney General, for the Kaua`i Victims of Crime Act (VOCA) Expansion
Project 19-V2-03 for the period July 1, 2021 through June 30, 2022.
Councilmember Kuali`i moved to approve C 2021-72, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members? Councilmember Cowden.
Councilmember Cowden: I just want to appreciate and acknowledge
that we have these victims of crime acts. I just want to value and appreciate the
effort that is made by our Office of the Prosecuting Attorney and departments. I just
want to recognize that many of these grants are at-risk in the coming years. I am
thankful we have this opportunity.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-72 was then put, and unanimously carried.
Council Chair Kaneshiro: The motion passes. Next item.
C 2021-73 Communication (03/11/2021) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend Federal Highway Safety
funds from the State of Hawai`i Department of Transportation (HDOT), in the amount
of$114,094.63, and to indemnify HDOT, for the continued 0.50 funding of a Full-Time
Equivalent (FTE) Traffic Safety Resource Prosecutor, travel, and training. This
recurring grant and funds will be utilized for the term commencing October 1, 2021
through September 30, 2022.
Councilmember Carvalho moved to approve C 2021-73, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-73 was then put, and unanimously carried.
COUNCIL MEETING 11 MARCH 24, 2021
Council Chair Kaneshiro: The motion passes. Next item.
C 2021-74 Communication (03/11/2021) from the Prosecuting Attorney,
requesting Council approval to receive and expend Federal funds, in the amount of
$175,000.00, from the Fiscal Year 2019 Edward J. Byrne Memorial Justice
Assistance Grant (JAG), and to indemnify the State of Hawai`i, Department of the
Attorney General, to support the Felony/Career Criminal Prosecution Program with
one (1) Full-Time Equivalent (FTE) Deputy Prosecuting Attorney, a 0.60 funded FTE
Special Investigator, and to cover a portion of fringe benefit costs. The anticipated
contract date is for the period July 1, 2021 through June 30, 2022.
Councilmember Cowden moved to approve C 2021-74, including approval to
apply, seconded by Councilmember Kuali`i.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-74, including approval to apply, was then put,
and unanimously carried.
Council Chair Kaneshiro: The motion passes. Next item.
C 2021-75 Communication (03/11/2021) from the Prosecuting Attorney,
requesting Council approval to receive and expend Federal funds, in the amount of
$70,222.00, from the Fiscal Year 2019 Edward J. Byrne Memorial Justice Assistance
Grant (JAG), and to indemnify the State of Hawai`i, Department of the Attorney
General, to support the Vehicular Crimes Unit with a 0.50 funded Full Time
Equivalent (FTE) Deputy Prosecuting Attorney and to cover a portion of fringe
benefit costs. The anticipated contact date is for the period of July 1, 2021 through
June 30, 2022.
Councilmember Cowden moved to approve C 2021-75, including approval to
apply, seconded by Councilmember Kuali`i.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2021-75, including approval to apply, was then put,
and unanimously carried.
Council Chair Kaneshiro: The motion passes. Next item.
COUNCIL MEETING 12 MARCH 24, 2021
C 2021-76 Communication (03/12/2021) from the Mayor, transmitting his
Fiscal Year 2021-2022 Budget Message, along with the proposed Operating Budget,
Capital Improvement Projects (CIP) Budget, and Schedule of Charges and Fees.
Councilmember Kuali`i moved to receive C 2021-76 for the record, seconded by
Councilmember Carvalho.
Council Chair Kaneshiro: We did receive written testimony for this
item. This is just the communication. These items will come up later on the agenda.
Budget meetings start tomorrow. We will be talking about these items for the next
couple of weeks. Are there any questions or is there any discussion from the
Members?
(Written testimony was received for C 2021-76 and no registered speakers
requested to testify regarding this agenda item.)
The motion to receive C 2021-76 for the record was then put, and unanimously
carried.
Council Chair Kaneshiro: The motion passes. Next item.
CLAIMS:
C 2021-77 Communication (02/25/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Hanson Hsu, for damage to his vehicle,
pursuant to Section 23.06, Charter of the County of Kaua`i.
C 2021-78 Communication (03/03/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Kaua`i Island Utility Cooperative, for
damage to their property, pursuant to Section 23.06, Charter of the County of Kaua`i.
Councilmember Kuali`i moved to refer C 2021-77 and C 2021-78 to the Office
of the County Attorney for disposition and/or report back to the Council,
seconded by Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions from the Members?
Is there any discussion?
(No written testimony was received and no registered speakers requested to
testify regarding these agenda items.)
The motion to refer C 2021-77 and C 2021-78 to the Office of the County
Attorney for disposition and/or report back to the Council was then put, and
unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
COUNCIL MEETING 13 MARCH 24, 2021
COMMITTEE REPORTS:
PLANNING COMMITTEE:
A report (No. CR-PL 2021-02) submitted by the Planning Committee,
recommending that the following be Approved on second and final reading:
"Bill No. 2804 — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
USES IN THE AGRICULTURE ZONING DISTRICT,"
Councilmember Kuali`i moved for approval of the report, seconded by
Councilmember Carvalho.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for approval of the report was then put, and unanimously carried.
Council Chair Kaneshiro: The motion is carried. Next item.
COMMITTEE OF THE WHOLE:
A report (No. CR-COW 2021-03) submitted by the Committee of the Whole,
recommending that the following be Approved on second and final reading:
"Bill No. 2817 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII,
FOR THE FISCAL YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY
REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND AND
GOLF FUND (Golf Fund Projected Revenue Deficit—$250,000.00),"
Councilmember Kuali`i moved for approval of the report, seconded by
Councilmember Carvalho.
Council Chair Kaneshiro: Are there any questions or is there any
discussion from the Members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for approval of the report was then put, and unanimously carried.
COUNCIL MEETING 14 MARCH 24, 2021
Council Chair Kaneshiro: The motion is carried. Next item.
RESOLUTIONS:
Resolution No. 2021-14 — RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022
FOR THE COUNTY OF KAUAI
Councilmember Kuali`i moved that Resolution No. 2021-14 be ordered to print,
that a public hearing thereon be scheduled for May 12, 2021 at 5:00 p.m., and
that said Resolution be referred to the Committee of the Whole, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: I will ask that for our budget items, let us save
our discussion and questions for our budget meetings coming up this week. We will
see information regarding revenues tomorrow. Councilmember Cowden.
Councilmember Cowden: Can I make a simple statement for the public?
We are not raising the taxes. For people that might be watching, the taxes are not
going up in any category. The tax rates are not going up in any category.
Council Chair Kaneshiro: Is there any other final discussion on this
item? If not, roll call vote.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion that Resolution No. 2021-14 be ordered to print, that a public
hearing thereon be scheduled for May 12, 2021 at 5:00 p.m., and that said
Resolution be referred to the Committee of the Whole was then put, and carried
by the following vote:
FOR MOTION: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST MOTION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
JADE K. FOUNTAIN-TANIGAWA, County Clerk: Seven (7) ayes. The
next item is Resolution No. 2021-15.
Resolution No. 2021-15 — RESOLUTION CONFIRMING COUNCIL
REAPPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES PRESERVATION FUND COMMISSION (Erica Jolie Anuhea
Taniguchi) (Anahola—'Mena)
COUNCIL MEETING 15 MARCH 24, 2021
Councilmember Kuali`i moved for adoption of Resolution No. 2021-15,
seconded by Councilmember Cowden.
Council Chair Kaneshiro: Do we have any questions from the Members?
We did receive comments from the Members earlier. Are there any other final
comments from the Members on this item? If not, roll call vote.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for adoption of Resolution No. 2021-15 was then put, and carried
by the following vote:
FOR ADOPTION: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2818) — A BILL FOR AN ORDINANCE RELATING
TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2021 TO JUNE 30, 2022 (Fiscal Year 2021-2022 Operating Budget)
Councilmember Carvalho moved for passage of Proposed Draft Bill (No. 2818)
on first reading, that it be ordered to print, that a public hearing thereon be
scheduled for May 12, 2021 at 5:00 p.m., and it be referred to the Committee
of the Whole, seconded by Councilmember Kuali`i.
Council Chair Kaneshiro: Are there any questions or discussion from the
Members on this item? Councilmember Cowden.
Councilmember Cowden: I am just confirming that this is all coming up
in the next few weeks.
Council Chair Kaneshiro: Yes. Can I get a roll call vote?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
COUNCIL MEETING 16 MARCH 24, 2021
The motion for passage of Proposed Draft Bill (No. 2818) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
May 12, 2021 at 5:00 p.m., and that it be referred to the Committee of the
Whole was then put, and carried by the following vote:
FOR PASSAGE: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i Kaneshiro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL — 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: The motion is carried. Next item.
Proposed Draft Bill (No. 2819) — A BILL FOR AN ORDINANCE RELATING
TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2021 TO JUNE 30, 2022 (Fiscal Year 2021-2022 CIP Budget)
Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2819) on
first reading, that it be ordered to print, that a public hearing thereon be
scheduled for May 12, 2021 at 5:00 p.m., and that it be referred to the
Committee of the Whole, seconded by Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or discussion from the
Members on this item?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for passage of Proposed Draft Bill (No. 2819) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
May 12, 2021 at 5:00 p.m., and that it be referred to the Committee of the
Whole was then put, and carried by the following vote:
FOR PASSAGE: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Council Chair Kaneshiro: The motion is carried. Next item.
Proposed Draft Bill (No. 2820) — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 22, ARTICLE 24, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO CAT LICENSING PROGRAM (Cat Microchipping Program)
COUNCIL MEETING 17 MARCH 24, 2021
Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2820) on
first reading, that it be ordered to print, that a public hearing thereon be
scheduled for April 21, 2021, and that it be referred to the Finance & Economic
Development Committee, seconded by Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or discussion from the
Members on this item?
There being no objections, the rules were suspended.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: I do not necessarily have a question, but was
wondering if we could hear from Reiko or the Kaua`i Humane Society representatives
for an overview of this item.
Council Chair Kaneshiro: We did not hear your question.
Councilmember Cowden: Can one of the team give a quick explanation
about what this Bill is about relating to cat licensing? Could anyone on the team that
is most appropriate share what this is about?
REIKO MATSUYAMA, Director of Finance: Understood.
Councilmember Evslin: Thank you, Councilmember Cowden.
NICOLE SCHAEFER, Executive Director, Kaua`i Humane Society: Do
you mind if I speak?
Ms. Matsuyama: Let me start, Nicole, then I will turn it over to
you.
Ms. Schaefer: Perfect.
Ms. Matsuyama: These two (2) microchipping bills were
developed between the Department of Finance and the Kaua`i Humane Society (KHS).
For the public, I am pleased to report that the County's relationship with KHS is in a
really good place right now. We have drastically increased our transparency and that
has elevated the trust between the two (2) organizations. We are in a good place. This
licensing program came up in discussions for the Fiscal Year 2021-2022 budget where
the County is paying KHS to cover their net losses that they sustain in the licensing
program. The losses range from about thirty thousand dollars ($30,000) to fifty
thousand dollars ($50,000) per year. In addition to costing the County money, it is
essentially a useless program. I will hand it over to Nicole in a little bit to get into
reasons why it does not work. During budget discussions, she proposed the
COUNCIL MEETING 18 MARCH 24, 2021
microchipping program. It will relieve a lot of the administrative burden on KHS and
should cost the County less money. Dan Giovanni, the Board Chair of KHS is here
along with Nicole Schaefer, who is the KHS Executive Director. Also, on is Alicia
Iverson who is KHS Board Treasurer. I am going to hand it over to them. The
Department of Finance is supportive of the bills. We are open for questions should you
have them.
Ms. Schaefer: Besides the benefit of saving the County money
as well, it is also saving the residents money. Right now, to purchase a license for an
unaltered dog or cat is fifty-two dollars ($52). It is fifty dollars ($50) for the registration
and two dollars ($2) for the metal tag. If the animal is altered, it is fifteen dollars ($15)
for the registration and two dollars ($2) for the tag. What we are suggesting is instead
of paying these fees every two (2) years, we move to a lifetime microchip option, which
is twenty dollars ($20). It is a one option, single fee. There is no additional charge after
that single payment. That twenty dollars ($20) gets you a lot more services as well. Not
only will your lost pet be reunified by KHS, the microchipping companies' steps in as
well and will assist. They can call the owner, emergency contacts, and veterinarians
directly, all to work together to try to unify this pet back with its owner. It makes the
process a lot more streamlined and a lot faster. With this, we can also reunite a lot
quicker. We can do it in the field, and we can do it immediately. Animals can skip
coming into the shelter and they can go straight to the home of where they wandered
off from, so it decreases the stress on the pet and the pet owner. Ultimately, it is an
economic way for pet owners, and it is the most effective way of reunification right now.
This is where technology has put us, and it has given us this option to help pets and pet
owners.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I want to thank you for the time that you spent
with each of us individual Councilmembers with a much more in-depth explanation. I
feel very comfortable and enthusiastic about this plan. Can you help people who might
be watching to know how this would be implemented? How would people get the chips
for their pets. Do they need to go to the KHS? What do they do and what do they get
for their twenty dollars ($20.00)? They not only get the animal returned to them, what
else do they get and how do they get their animals chipped?
Ms. Schaefer: That is a great question. That is another
benefit to the program. When owners were having to purchase licenses, they could only
come to the KHS. Now, they can come to us, they can go to any veterinarian on-island
if they are participating in some of the low cost spay/neuter clinics, they are
microchipping on-site there, or they can come in with a microchip too and already be in
compliance if they are already moving to Kaua`i. It is as simple as making an
appointment with whoever you are more comfortable with. You can come to the KHS
or to your veterinarian, and it is like getting a vaccine. It is a simple injection with no
COUNCIL MEETING 19 MARCH 24, 2021
special materials or anesthesia. It literally takes seconds. Your twenty dollars ($20) is
bringing you into compliance, giving you the microchip, and registering the microchip.
The only thing after that is the upkeep. There is not really any upkeep unless you move,
and you need to change your phone number or address. We can assist you with that as
well or you can do it on your own. If your animal strays, we are going to help find it,
but also the microchip company is going to help reunite as well. They will be texting,
calling, and getting anyone that you gave a phone number for to help bring the pet and
the pet owner back together.
Council Chair Kaneshiro: Councilmember DeCosta.
Councilmember DeCosta: I had a very exciting meeting with you. It is a
no-brainer to our community that I am a large advocate for hunters here on the island.
I think they play a very viable role in providing an ecosystem where the ungulate
animals are kept under control with our hunters. Hunters do have a lot of dogs. I do
not need to tell you how many I have. I did the math and it is going to save our dog and
other pet owners between two hundred sixty dollars ($260) to three hundred
dollars ($300) over the lifetime of their animal being that their animal lives to
twelve (12) years of age, which is the average age of a dog or cat. Twenty dollars ($20)
per animal is cheaper, especially when you are a hunter raising ten (10) dogs. That
could be three thousand dollars ($3,000) over the life of the hunter. I would like for you
to explain if you have a program for the hunters who have a large number of dogs to
come in. I know you are very good about having availability for these Kaua`i residents
who like to go hunting or raise dogs over one (1) or two (2) in number. I know you do a
free licensing program. Could you touch upon that so that the community can hear
about it?
Ms. Schaefer: Absolutely. Our goal as the KHS is to help
people come into compliance with the local ordinances. With that, for the entire month
of March, we have been offering free microchips. We are going to do a hunter's special
in April, because we do understand that another quantity of animals equals a larger
price tag. We are trying really hard to not make finances an issue for not taking
advantage of this program. Because microchipping is internationally-known and there
is a lot of support to move into this form of technology, there are a lot of grants that get
offered. We have been able to take advantage of a lot of those grants and offer quite
frequently through the year, free microchipping. That is something that we are
publicizing and putting out there. It would not be a long wait if you did not want to
automatically pay the twenty dollars ($20.00) as we will probably be offering something
very soon that will allow us to offer those microchips for free or at a discounted price.
We are going to keep offering these specials in the beginning. Our goal is to get as many
animals microchipped as quickly as possible. It is a lifetime process, so once it is done,
it is for the life of the animal. We are only going to be concerned later with puppies and
kittens that are born. Every animal that comes into Kaua`i is already required to have
a microchip. We are not worried about those animals that are being imported in.
COUNCIL MEETING 20 MARCH 24, 2021
Councilmember De Costa: A message for our local hunters out there, you
do get a service that is free from the KHS. They do welcome donations, so please, if you
have a good job and do not take advantage of the system, contribute some money
towards this program in a donation form. Thank you very much.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: Any of my questions or comments will apply to
both the dog and cat items. I am trying to remember correctly from our conversation,
did we discuss that there is potential in the future for regional outreach programs? Did
I get that right? Could it be organized where on a certain Saturday, you could go into
certain communities? That might make things a little easier for people who have quite
a number of animals.
Ms. Schaefer: Yes, absolutely. We are up for that. We have
already started that to a certain extent. We were at Lydgate not too long ago offering
free microchipping. Next month, we have not advertised this yet, but we are going to
be on the west side of the island at Lucy Wright Park. We are going to be doing
microchipping there as well. This is something we are looking at to take our services
mobile. We do understand that transportation can be a hurdle. Depending on where
you are on the island, it can be quite a drive and time consuming. We want to help you
and take away those hurdles when we can.
Councilmember Cowden: Thank you so much.
Council Chair Kaneshiro: Are there any other questions from the
Members? Councilmember DeCosta.
Councilmember DeCosta: This may sound silly, but no question is ever
silly. Would you do larger animals like horses and goats? I know a lot of people who
have prized pets that are not just cats and dogs. I know sometimes horses, mules, or
goats go missing. This would be a very easy way to claim their animal if they had it
microchipped.
Ms. Schaefer: I have no qualms with offering that. We
microchipped a pig only a couple of weeks ago that someone requested. We were more
than happy to assist where we can. So, yes. We can work with you or you can work
with any large animal veterinarian to get a microchip if it easier for them to come to
you.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: I just wanted to note that my ducks were stolen
a few years ago. It would have been nice to have microchips in them.
COUNCIL MEETING 21 MARCH 24, 2021
Council Chair Kaneshiro: I just want to clarify that the microchips are
not global positioning systems (GPS). You have to find the animal alive and then KHS
is able to check the chip to identify who the owner is.
Councilmember De Costa: This is for Councilmember Evslin. I am glad
that your duck did not get that chip. When you make Chinese roast duck, you do not
want to have that chip in it.
Council Chair Kaneshiro: Are there any other questions from the
Members? Dan?
DAN GIOVANNI, Chairman of the Board of Directors, Kaua`i Humane Society:
I just wanted to say on behalf of the Board that this program is not brand new. We
are following successful programs on the mainland like in Dallas, Texas and even the
Hawaiian Humane Society on Hawai`i Island. It is a move in the right direction. I
expect over time that many communities will go to this approach. I did not want the
Council to feel that we were the first guinea pig in line.
Council Chair Kaneshiro: Thank you. Are there any further questions
from the Members? If not, I will call the meeting back to order.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Council Chair Kaneshiro: Is there any final discussion from the
Members? Councilmember DeCosta.
Councilmember De Costa: I wanted to share some constructive
information from the hunting community. We have had "sour" or uncomfortable
relationships with past KHS Executive Directors when our animals would end up at
the KHS and they would become neutered or spayed right away. Could you ensure our
hunting community that you will give them ample time to retrieve their animals
without them getting spayed or neutered? I know a lot of our local hunters have special
breeds that they like to keep in their hunting line that they use to catch these large wild
pigs. I would like for you to inform our community that you have a better plan than the
plan that was in effect in the past.
There being no objections, the rules were suspended.
Ms. Schaefer: That is a really big benefit of microchipping.
Right now, following our ordinances, a stray animal that does not have any form of
identification, so we are not aware if it has an owner or not, only has to be on-hold with
us for two (2) days. If it has a microchip or a license, it stays with us for nine (9) days
before anything can happen to the animal. This includes being put up for adoption,
COUNCIL MEETING 22 MARCH 24, 2021
being spayed or neutered, or anything of that sort. A lot of times, when hunters' dogs
were coming in, because they did not have microchip or a license potentially, because it
jingles when they try to hunt, the animal is only here for two (2) days. Two (2) days
goes by quickly. After that forty-eight (48) hours that animal was most likely fixed
because it was going to the adoption floor to find a new home. That can be very hard on
people that wanted their animal to stay unaltered. By microchipping,you are now given
nine (9) days, over a week, to try to make contact and for us to contact you as well, to
reunite your animal. You do not have to worry about it being spayed or neutered if that
is not what you are interested in. You gain seven (7) more days of time to ensure that
that spay or neuter does not take place because your animal is microchipped.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: One more question for anyone listening or for
whoever is reporting on this. Can you please give us the information on your live release
rate for the KHS?
Ms. Schaefer: Yes, absolutely. We have reached the point
where we can call ourselves a "No-Kill Shelter." Over ninety percent (90%) of the
animals that come into our shelter leave with a positive outcome. That includes a
transfer an adoption, or a return to a home. That is as good as you can get, realistically.
That is the ultimate goal for all shelters, and we are extremely proud that we have been
able to reach that.
Councilmember Cowden: Thank you.
Council Chair Kaneshiro: Are there any final questions from the
Members? If not, any final discussion? Councilmember Cowden.
There being no objection, the meeting was called back to order, and proceeded as
follows:
Councilmember Cowden: I just want to acknowledge the major strides
that the KHS has made. I have worked in the past decade over deep concerns including
those from the hunters. It has really moved from a place of high stress to a good partner
to families with pets. This microchipping will allow for community efforts including on
social media and other ways...we can even have scanners in neighborhoods. It will help
in so many ways even before the animal shelter must come out to scan. As we get into
this process, it is going to save us time, money, and impacts on the KHS. It is a profound
step in the right direction. I am enthusiastic to support both bills and deeply
appreciative of the efforts to come forward from the KHS and the extraordinary Board.
This helps saves us money and it helps save emotional stress in the community to be
able to trust the animal shelter.
Council Chair Kaneshiro: Councilmember Carvalho.
COUNCIL MEETING 23 MARCH 24, 2021
Councilmember Carvalho: Mahalo to Reiko and the team for connecting
and bridging this wonderful program. A lot of our pets are a part of our families.
Reconnecting pets back to their homes are important. It is just a part of the process.
Technologically, we are moving in the right direction. It is happening here on Kauai.
I wanted to point out the accolades going out to the KHS and the partnership that it
takes to move this effort forward. Please continue doing what you are doing, and I think
we are on the our rightpath to reconnectingpets back to their families.
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Council Chair Kaneshiro: Is there any further discussion?
Councilmember Evslin.
Councilmember Evslin: I just want to thank the KHS and the
Department of Finance for their work here. They took something that was clearly
failing and did the work to reevaluate and come up with something that is going to
work. On both ends, it will save pet owners time and money, and ensure that the KHS
can more quickly reunite pet owners with their animals. This saves the animal stress,
saves the KHS money, and it really works for everyone. This type of success story is a
good policy outcome here. Thank you for your work.
Council Chair Kaneshiro: The main point of the microchip is to connect
the pet with its owner. Tags were not working. It was more expensive for the resident.
I heard complaints about the tags being noisy when people are trying to sleep. Collars
get lost and the animals lose tags. If that dog then gets lost, you could not identify who
the owner of that dog is. The microchip is cheaper. It is twenty dollars ($20) compared
to fifty dollars ($50.00) and recurring fees every two (2) years. It stays with the animal
throughout its entire life. I think this is a great step in the right direction. It is a huge
improvement and benefit for the community. One twenty dollar ($20) microchip and
the KHS will be able to identify your animal anytime it gets lost. That is going to be
my comment for this item and the next item. Is there any further discussion? If not,
roll call vote.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for passage of Proposed Draft Bill (No. 2820) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
April 21, 2021, and that it be referred to the Finance & Economic Development
Committee was then put, and carried by the following vote:
FOR PASSAGE: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST PASSAGE: None TOTAL — 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Council Chair Kaneshiro: The motion is carried. Next item.
COUNCIL MEETING 24 MARCH 24, 2021
Proposed Draft Bill (No. 2821) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 22, ARTICLE 10, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO DOG LICENSES AND REGULATION (Dog Microchipping and
Regulations)
Councilmember Carvalho moved for passage of Proposed Draft Bill (No. 2821)
on first reading, that it be ordered to print, that a public hearing thereon be
scheduled for April 21, 2021, and that it be referred to the Finance & Economic
Development Committee, seconded by Councilmember Kuali`i.
Council Chair Kaneshiro: The first item was on cat licensing using
microchips. This item is for dogs. Are there any questions or discussion from the
Members on this item? Councilmember DeCosta.
Councilmember DeCosta: I just wanted to find out if there was a device
that we could own to scan animals out in the field? Perhaps we could help the KHS go
even further by taking that extra step if a dog wanders by our truck while we are
hunting. Will those devices be available to the community?
There being no objections, the rules were suspended.
Ms. Schaefer: I think that is a really good idea and something
that we are looking at developing. We do not have anything in place right now. We
would love for community members to potentially sign-on with us to become these
"finders" that could assist us. The devices cost around three hundred dollars ($300).
They do make cheaper ones. The reason we like the more expensive version is because
it is termed a "universal scanner." No matter what brand microchip you have, this
scanner will pick it up. There are some that only pick up Pet Finder brand chips or
Michaelson microchips. This scanner will pick up all brands. That is something that
we would love to start working on. We want to create community advocates that are
placed around the island to assist us, especially in locations further away from our
shelter location. We have not developed that program quite yet. I think if this
amendment goes through, we will start looking at that and making these purchases to
develop that program.
Councilmember DeCosta: Thank you, Nicole.
Council Chair Kaneshiro: Are there any further questions from the
Members?
There being no objections, the meeting was called back to order, and proceeded
as follows:
Council Chair Kaneshiro: Is there any final discussion? If not, roll call
vote.
COUNCIL MEETING 25 MARCH 24, 2021
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for passage of Proposed Draft Bill (No. 2821) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
April 21, 2021, and that it be referred to the Finance & Economic Development
Committee was then put, and carried by the following vote:
FOR PASSAGE: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Council Chair Kaneshiro: The motion is carried. Next item.
BILLS FOR SECOND READING:
Bill No. 2804 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO USES IN THE
AGRICULTURE ZONING DISTRICT
Councilmember Kuali`i moved to approve Bill No. 2804 on second and final
reading, and that it be transmitted to the Mayor for his approval, seconded by
Councilmember Carvalho.
Council Chair Kaneshiro: We did receive written testimony on this item
this morning. Do we have any questions from the Members? Councilmember Cowden.
There being no objections, the rules were suspended.
Councilmember Cowden: I am not sure if I should be speaking to Ka`aina.
Is that who I should speak with? I had put in a possible amendment based on E-mails
that we received last night. There were members of the public concerned with
restaurants being placed on agricultural properties where, as an extreme example, a
pancake house could go on a hardwoods farm. That is what some worry would be an
extreme example. I had offered an amendment and I am accepting where this does not
work. For those people who are watching, and I know there are some people very
passionately watching, I had offered food offerings for restaurants. This would
emphasize produce grown or raised on the property and are associated with the farm or
value-added good. Basically, this is livestock raised on the property. I primarily
emphasized in case they need to have quails, et cetera. I see a response that that does
not work because it changes the definition used in County ordinances for restaurants
and food services. Am I understanding that correctly?
COUNCIL MEETING 26 MARCH 24, 2021
KA'AINA S. HULL, Planning Director: Yes, Councilmember Cowden. By
amending the definition of restaurant and food services to include somewhat of a
requirement or an emphasis on the products being derived from the subject-property or
farm, that is fine when looking at what the purpose of this Bill is for restaurants on
agricultural land. But that definition of restaurant and food services applies across the
entire Comprehensive Zoning Ordinance (CZO) for all districts. When you tweak
definitions, much like a Rubik's Cube, you must be aware of how that tweak will affect
the rest of the Code. The proposal that I saw this morning, if you amend that definition,
it would thereby also require restaurants in the Commercial District and the Resort
District to grow their products on property.
Councilmember Cowden: Okay.
Mr. Hull: I do not think that was your intention. The
Department would not agree with it. I think for the concerns that are being voiced for
restaurants on agricultural land, that is already addressed in the Bill in that
restaurants and food services allowed on agricultural land with a Use Permit, there is
a footnote 2 on it. Footnote 2, if you go down to the bottom of the Bill, it states that it is
only for situations where only produce raised, or grown on the property and/or
associated farm or value-added goods are derived primarily from the produce or
livestock raised on the subject-property or associated farm. That footnote 2 in the Use
Permit section for restaurants, at least in the Agricultural District, already has a
requirement that their produce be grown on-site or with an associated farm.
Councilmember Cowden: I think what the concern was...I am asking you
so you can speak to those people with those concerns... can you help them to understand
when there is that footnote 2 for this specific element that the Planning Commission or
whoever is making the decision will be required to observe that and that footnote is not
going to be removed without another public process or effort.
Mr. Hull: The footnote is not like when you are reading a
book or in a bibliography or sidenote. It is part of the actual ordinance. It is literally a
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requirement that when the PlanningDepartment even entertains an application,
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should this ordinance be adopted, we have to take that application and assess whether
or not the products are being grown on property. If they are not, then the application
does not even get a hearing to go before the Planning Commission. It gets stopped at
the front end. Should the applicant be able to demonstrate that they are in fact growing
their produce or livestock on property that is being proposed to be served in a
restaurant, then and only then is the application accepted. That does not even deem it
approved. Then it goes to a public hearing at the Planning Commission and various
analyses are made to assess the compatibility of the restaurant to the surrounding area
as well as an assessment of the viability of the agriculture operation and whether it is
in fact bonafide in relation to the restaurant proposal.
COUNCIL MEETING 27 MARCH 24, 2021
Councilmember Cowden: Thank you for that. It should not even make it
on the agenda to go before the Planning Commission if we are putting a pancake house
in a forest. If it is inappropriate, it is not even going to make it on the floor. We do not
have to worry that the Planning Commission does not read the footnotes as a reader
might not read footnotes in a bibliography at the bottom of the page.
Mr. Hull: Correct.
Councilmember Cowden: Essentially, that is your point?
Mr. Hull: Correct.
Councilmember Cowden: I just want to acknowledge that people have a
strong concern that we do not turn our agricultural properties along strong road
frontages to a secondary Urban or Commercial District. This will protect against that.
Is that correct?
Mr. Hull: Correct.
Councilmember Cowden: Thank you.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: Ka`aina, I think we have gone over this at
previous meetings already. I continue to feel some concern with retail uses. I just want
to be crystal clear here, as you said in the past that any Use Permit for retail sales would
have to have a tie-in back to agriculture per State law. Is the correct? Whether it is
seed farms or selling equipment or other retail things associated with the farm. Is that
correct?
(Councilmember Chock was noted as not present.)
Mr. Hull: The operation/operator has to get a special
permit. It has to be tied into that. It either is associated with agriculture in some
manner or that it is not going to prevent agricultural activities from occurring on this
property in the future. The Special Permit process is set up specifically under the State
regime to allow non-agricultural uses on agricultural land, which a retail facility would
have to go through regardless of what is proposed in this draft ordinance. Insofar as
someone proposes a Kwik-E-Mart on agricultural land that would prevent future
agriculture from being done there, as well as would have no association with
agricultural activities that are taking place on the property, that application through
that process would more than likely be denied. At the end of the day, it is a discretionary
process.
COUNCIL MEETING 28 MARCH 24, 2021
(Councilmember Chock was noted as present.)
Councilmember Evslin: In theory, the Kwik-E-Mart example, if it is a
one thousand (1,000) square foot Kwik-E-Mart on a multi-acre property that does not
prohibit agriculture on the property, the Kwik-E-Mart with no agriculture tie-in or
association could theoretically get a Use Permit?
Mr. Hull: The quick analysis is that under one
thousand (1,000) square feet, it would be permissible if the Kwik-E-Mart was selling
agriculture grown on the property. If we are saying it is selling Twinkies and Ho Hos,
then regardless of whether it is under one thousand (1,000) square feet or over, they
would have to apply for a Use Permit and a Special Permit. Then it would go through
the Planning Commission since it is on agricultural land, it would be very hard pressed
for the Department to recommend approval or the Planning Commission to approve
such a facility. Like I said, it is a discretionary permit, so I cannot give you or the
Council any guarantees. I think it is a very valid point and concern about retail sales
on agricultural land not having that subfooter 2 that restaurants have. The flipside
though is that we really have not seen an explosion of non-agricultural uses or should I
say non-agricultural sales occurring on agricultural land right now. We have been
pretty good at holding the line at the Planning Department and Planning Commission
to avoid the Kwik-E-Mart on agricultural land paradigm. At the same time, there is a
possible need or it may be appropriate that there are some retail sales on agricultural
land that are acceptable. If some of these agricultural operators wanted to sell their
logo products such as t-shirts or hats. That is not a product derived from the property,
but they may want to sell that. You can sell some retail products, but you would have
to go through the Use Permit process. I think that would be appropriate. I believe there
still is, and they received a Use Permit to get a seed and grain store up in Wailua. That
seed and grain is not grown on property, but it supplements and is very specific to
agricultural operations going on in the area. There is not any onsite that I am aware
of, but there has been a lot of discussion about the slaughterhouses that exist on Kaua`i,
as well as slaughterhouses that will exist in the future. They are an outright
permissible agricultural processing facility. Should these folks want to spin up a retail
sales component where they are selling the meat directly onsite to the public, the
livestock or produce is not derived specifically from their property or even from their
farm per se. These are ranchers bringing their livestock there. Should they want to
sell that, then the slaughterhouse would have to go through the Use Permit process to
allow their retail sales. If we constrict retail sales to the same standard that is being
proposed to restrict restaurants, it will negate or prohibit any of those opportunities. It
is a bit of a balancing act, Councilmember Evslin, in that there must be some trust in
the discretionary process of the Planning Commission in order to allow avenues of retail
that may be appropriate. If there is not that trust per se or if the Council's prerogative
is to be a bit more conservative and be more of a purist to say that "No, it has to be
agriculture derived from the property," I think that is your prerogative. The
Department would have some reservations against that.
COUNCIL MEETING 29 MARCH 24, 2021
Councilmember Evslin: My own stance is that everything that you just
discussed is theoretically an appropriate use. A seed and feed store. Retail sales of logo
wear associated with the farm. The possibility of some tractor distributor or something
similar. The concern would be the Ho Hos and Twinkies Kwik-E-Mart with no tie-in to
the farm. I do not know then if...and I apologize that we are talking in-depth about this
at second and final reading and did not go more into it at committee...I would certainly
would feel more comfortable if there was some language that could be added that
clarified that it had to be agriculture associated in some capacity, and not necessarily
grown on the property. If you are confident that, that would occur through the Use
Permit process and that is the legislative intent that it has an agriculture association,
and not necessarily grown on the property, then it would make me a little bit more
comfortable. Hopefully future Planning Commissioners reading through the minutes
here will see that this was the legislative intent as they are making their decisions
around this subject. I am not about to propose an amendment on second and final
reading. Let me just back up one second. Is it fair to say then that the legislative intent
is for this to have some type of agricultural tie-in? Not necessarily grown on the
property, but it could be seed and feed, et cetera.
Mr. Hull: Yes, I would say there would be some intent
behind that. At least I will say it from the Department's analysis of it. I think you may
want to confer with the Council Chair as the introducer of the Bill as well.
Councilmember Evslin: Council Chair Kaneshiro, did you want to add
anything?
Council Chair Kaneshiro: For me, the Use Permit is what is going to
dictate whether an activity like this is going to go through or not. I think there is a lot
of hesitation when people hear of a Use Permit. They think it is an over-the-counter
permit that someone just goes in to fill out paperwork and they get a permit to do
whatever they want. Even before this bill came up, you could do retail sales on
agricultural land, but you need to get a Use Permit. When people start to look at the
Use Permit, the requirements of what they need to do, and whether it is compatible
with the land, I think you are going to come to the conclusion that a Kwik-E-Mart is not
compatible to be put on agricultural land. I think that is where the drawbridge goes
and where I am comfortable saying that I am comfortable with the way that the Bill is
written and I do not want to have us start to tweak it so much to prevent the one
percent (1%) of people trying to skirt the system and make it so difficult for people that
are trying to do retail sales that compliments their product are going to have a more
difficult time trying to get it on their property. The Use Permit is the process that is
going to vet whether a Kwik-E-Mark is an appropriate use on agricultural land. I am
almost one hundred percent (100%) sure the Planning Commission and Planning
Department is going to say that a Kwik-E-Mart is not compatible to be on agricultural
land. That is where my confidence comes in. Even if it was not written here, someone
could propose anything. They could propose an airport on agricultural land if they want.
COUNCIL MEETING 30 MARCH 24, 2021
That would need to go through the Use Permit process. Just because it is not listed
here does not mean they cannot go in to apply for it. If someone tries to get an airport
on agricultural land, they will have to justify why it is complimentary to their
agricultural land and why it is a good use on that property. I have the confidence that
I do not need to put in here that airports need a Use Permit or are not permitted. I am
confident that when it gets to the Planning Commission, they will say it is not an
appropriate use on agricultural land and their application will get denied. For me, that
is the drawbridge where I am comfortable to know that the Planning Director, Planning
Department, and Planning Commission are going to justify why a use like a Kwik-E-
Mart is not appropriate.
Councilmember Evslin: Thank you, Council Chair. That certainly
helps reassure me. To wrap this up, is it fair to say that your intent is some agricultural
tie-in in order to help direct future Planning Commissioners in their decision-making?
Your intent with this Bill is that it is associated with the farm in some capacity or to
help farmers in some capacity?
Council Chair Kaneshiro: I believe going through the Use Permit process
it needs to complement agricultural land. If there is no agricultural tie-in, I do not see
how it would be compatible with agricultural land if you are putting in a Kwik-E-Mart
or something there.
Councilmember Evslin: Okay, thank you.
Council Chair Kaneshiro: Follow-up question from Councilmember
Cowden.
Councilmember Cowden: Director Hull, do you see a way that something
could be amended to...is there an amendment that could hit Councilmember Evslin's
goal where we make sure that we do not have that Kwik-E-Mart? I am hearing that we
can rely on the Commission, but is there a potential amendment that would work to
ensure that?
Mr. Hull: I do not want to say, "No." But having
participated in numerous agricultural criteria discussions to allow for additional types
of intensified uses on agricultural land, the discussion of bonafide agriculture has been
debated for decades here in Hawai`i. Is it a figure, is it a crop count, is it a livestock
count, et cetera? You get into the nuances of it and it is the same philosophical debate
of"how many angels dance on a pinhead." You are never going...I will never say never,
but it has been hard-pressed for the last several decades to pin that down and to try to
get this...the Department is open to those discussions, but I think it would take some
time to at least initiate and go through it.
COUNCIL MEETING 31 MARCH 24, 2021
Councilmember Cowden: Okay. What I would like to frame, is that I
have enthusiastically supported this Bill. I think we need to create ways to help our
sincere agricultural people find ways to grow and sell their food. Our agricultural
properties have largely become neighborhoods, so there is a lot of resistance to real
agriculture happening next door. There is a question in what I am going to say here.
When I see the profound changes that are coming to the island in a very short window
of time, I just do not always have confidence that it is the same team that has the
intention that we are holding now. I am thinking towards the future. How do we ensure
what happens two (2) or three (3) years from now reflects the intention of our current
Administration and Council? Councilmember Evslin has shaken my confidence a little
bit in this area.
Council Chair Kaneshiro: I can ask this question...this retail sales thing
has not changed. Whether it was written on here as a Use Permit or not, if someone
wanted to do retail sales on their property, they would have had to get a Use Permit.
Ka`aina, how many people have applied for a retail Use Permit that we can point out
and say that perhaps that got approved on agricultural land that maybe should not
have been approved? I have not heard of any.
Mr. Hull: In the past decade, I believe only one (1). That
had to do with the seed and grain store.
Council Chair Kaneshiro: Nothing has changed from ten (10) years ago.
Anyone that wanted to get a retail sales Use Permit could go through the process.
Someone got a grain and feed storage store. I think that is appropriate. If someone
wants to sell tractors, mowers, feed supplies, et cetera on agricultural lands, let them
go through the Use Permit process. If it complements the property, I think it should be
fine. If we are going to start trying to do amendments to say that they cannot do this
or they cannot do that, we are going to have an infinite number of items that people
cannot do, when the reality is that no one has ever tried to come in and try to actually
do a retail Kwik-E-Mart on agricultural land. If they tried, then the confidence is in the
Use Permit process and that they would not get through that process successfully. It
feels like we are trying to legislate this ghost that could happen, then we will be
legislating forever trying to define what is an appropriate or inappropriate use.
Councilmember Cowden: I will say that Mayor Bryan J. Baptiste and
even before that when he was Councilmember Baptiste, that is the reason why we
planted the trees along the corridor. That was intended to not allow Kwik-E-Marts and
gas stations as you are coming out of the airport on agricultural land. I was a part of
that whole process and you were probably in high school or something then. I am just
saying that you might not have been involved then...sorry. The whole conversation at
that time was all that prime Grove Farm land right there, could have been turned in to
exactly what you are concerned about. We put that beautification corridor there to stop
that. Thank you. I am listening.
COUNCIL MEETING 32 MARCH 24, 2021
Council Chair Kaneshiro: Council Vice Chair Chock.
Councilmember Chock: I am ready to move this forward and support it
because our Planning Director has expressed his position. Conversely to what Council
Chair Kaneshiro's question as to how many have we seen get through, how many have
been rejected that have come to your desk related to wanting to act on agricultural
lands? I know there have been recent ones.
Mr. Hull: We do not have an official tabulation because
we do not actually officially count a number until it is accepted and sent up to the
Planning Commission. For me personally, I have several pre-consultation meetings
with retail or commercial activities on agricultural lands that have nothing to do with
agriculture. We tell them that they have right to apply, but the Planning Department
will be recommending denial and here is why this is not appropriate. Much of what
happens at the Planning Commission and I know it is oftentimes associated with
approvals, and there are some denials, but a lot of them are sifted out in the beginning,
particularly retail sales with no agricultural component, we just tell them why it is
inappropriate and why they are not getting a supportive analysis. I am sorry, Council
Vice Chair, that I do not have the exact figure. It is a fair amount.
Council Chair Kaneshiro: Councilmember De Costa.
Councilmember DeCosta: Thank you for this intellectual conversation. It
is always good to put this on the table. Grandma always told me that when the stew
tastes good, do not add any additional ingredients that might mess up the taste. I am
personally going to support this. I have a couple of quick questions. We as a Council
use our own discretion about how we get involved with our County operations. No one
tells us not to get involved. We use our discretion. That discretion needs to be in the
hands of our Planning Director and Commission. I think we are in good hands. I have
not seen them do anything that is alarming in my opinion. I think I am close to your
age Councilmember Cowden, so I have been around as long as you. I think if there was
something going on, we would catch it. We have a solid group of seven (7)
Councilmembers here. I am ready to support it. I think the community polices the
traffic in these areas and those that are illegally selling products that are not from the
agricultural property, they would bring it to your attention. I know the Kaua`i coconut
wireless police department that we have here does a good job of keeping people in check.
That slaughterhouse that you are talking about that may go on agricultural land that
may slaughter the animal, but which the animal did not necessarily come from that
piece of agricultural land, could also be from agricultural land, if you had a large piece
of property that was ten (10), twenty (20), or one hundred (100) acres. With that being
said, I wanted to go back to the Twinkie story, because I personally like Twinkies. I
actually think that a Twinkie could be sold on agricultural land if they had a Special
Use Permit and the Twinkie filling was made from the goat milk, the goat cheese, or a
product that was derived from the farm. That is a possibility, correct?
COUNCIL MEETING 33 MARCH 24, 2021
Mr. Hull: That is correct.
Councilmember DeCosta: The Planning Commission would oversee that
and you would oversee them?
Mr. Hull: Correct.
Councilmember DeCosta: So, the process is in good hands, correct?
Mr. Hull: Correct.
Council Chair Kaneshiro: Councilmember Carvalho.
Councilmember Carvalho: This is a good discussion and I totally support
this Bill. Just the way it is laid out, it touches every part of agriculture and it gives
opportunities for agriculture in so many ways. Having grown up in the agricultural
world I had to carry meat from the back of the truck down to Kojima Store. I understand
that whole process and the slaughtering of cattle and delivery. I just had a question on
the zoological portion of the Bill.
Mr. Hull: In working on the draft bill with the Council
Chair, he recognized that there were some uses listed in the Use Table that did not have
definitions. Zoological gardens have been permissible in the Agricultural District for
some time now. It is just that there was no definition of what it was. To ferret that out,
a proposal for defining what it is, was inserted.
Councilmember Carvalho: Okay. I just wanted a quick clarification on
that, as I was asked about it. I support the Bill itself and I think it is really going to
make an impact on our community.
Council Chair Kaneshiro: Are there any other questions from the
Members? Ka`aina, to get people more comfortable with the Use Permit process...you
can have a project that fits all the criteria for a Use Permit and it could still get rejected
in the end by the Planning Commission? You could get public testimony after notifying
neighbors in the area about it. You could have a huge outcry from the neighbors about
not wanting it and that could influence decisions about whether it is a compatible
activity or not. Whether they check all the boxes, it can still not get a Use Permit,
correct?
Mr. Hull: Yes, correct. A Use Permit in the Agricultural
District would have to check certain boxes for agricultural policies and comport with
agricultural principles. It should not prevent future agricultural development. It could
check all the boxes. When you are in the Use Permit category, it is recognizing that it
is a high-intensified use than those that are generally permitted in the District. One of
COUNCIL MEETING 34 MARCH 24, 2021
the final checks is compatibility. It is determined either by the Commission based on
information from the Planning Department, agencies, or public testimony, that the
proposal is going to be not compatible with the surrounding area because of impacts. It
could be because of traffic, or what have you. The Planning Commission would deny it.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: I want to clarify something for anyone
watching. It might have been confusing as we switched back and forth talking about
agricultural retail stands, which are permitted by right with this Bill that does not need
a Use Permit, and a retail outlet which would require a Use Permit. The primary intent
here was to allow through a simple manner, a farmer to sell products grown on his
property through a retail stand. When we are talking about the Use Permit process
and this long-complicated process, that is for other things like restaurants and retail
sales. I just wanted to clarify that for anyone watching. Council Chair, please correct
me if I am wrong if that was not the primary intent here.
Council Chair Kaneshiro: Correct, that was the primary intent. As we
were going through it, we figured we would clean-up or touch-up some of the other uses
in the Agricultural District. That is where you get the retail sales and other examples
that came up. This includes defining zoological gardens. Are there any other questions
from the Members?
There being no obligations, meeting was called back to order, and proceeded as
follows:
Council Chair Kaneshiro: Is there any final discussion from the
Members? Council Vice Chair Chock.
Councilmember Chock: I will be supporting this Bill moving forward. I
would like to thank those who provided testimony. I think there are relevant concerns
that have been surfaced. It is our job as a community and as leaders here, and
particularly the Planning Commission to look at and vet these permits as they come
forward. The fact is, we have to look at what the data has shown and our track record
has shown, which has been a need for us to move the needle in a different direction to
support our agriculture and our farmers. We need to give them the tools necessary to
succeed and this does that. It is a good Bill. We are listening to what our farmers are
asking for. We need to be vigilant as well as we move forward. I think that to this date,
the Planning Department has shown that they are doing so. That does not mean that
that will not end, and we will continue to look at this and revisit it as this Bill moves
forward.
Council Chair Kaneshiro: Councilmember Kuali`i.
COUNCIL MEETING 35 MARCH 24, 2021
Councilmember Kuali`i: I just wanted to thank you for bringing up this
Bill forward. I think it is important and I will ditto what Council Vice Chair Chock has
shared. It is important for our farmers and food security. It is easy to support. Thank
you, Ka aina and the Planning Department, for the work that you do and will continue
to do on this item. Thank you to the Planning Commission as well.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I am basically wanting to support what the
Vice Chair said as well. It is so important that we allow for our farmers to have a
fighting chance at being able to diversify a little bit. Most of this is vertical
diversification, right? Being able to sell what they grow. It is important that our
agricultural lands are providing food. When we have farms that manufacture
value-added products, that is in alignment with our resilience goals and our self-
reliance goals. We are going in the right direction. I respect and honor where people
have concerns about how this can be exploited. We just do not want to have so much
fallout for the farmers protecting against potential exploitation. I commit as a
Councilmember to be very available for people who sense that they are seeing
exploitation. I try to be vigilant with what goes before the Planning Commission. That
is really a part of our kuleana to be watching out for our community. I am going to be
supporting this. I appreciate that it is a step forward. For many of our farmers, it is
long overdue, and well beyond their frustration threshold. Some have failed by not
having this available to them yet. Nothing is simple. I support this. Thank you.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: Not to echo my colleagues too much, I certainly
think this bill is a good, necessary, and potentially overdue. I think this is one of the
most important things that we have taken up in a while in that we have clearly heard
the need over and over again from farmers in trying to reduce the barriers around
farming in a number of ways. One of those is getting to market. It does not make any
sense that a real farmer cannot sell produce on their land. By helping them get to
market easier, it also provides an avenue for neighbors to be able to get produce without
having to drive all the way to town. I think the balance that we are always going to
struggle with is how do we ensure that we are reducing regulations on real farmers,
making it easier for farming to be viable, at the same time as not opening it up for
non-farmers to do many non-farm-related things, which end up competing with real
farmers. I think aside from farmers facing issues with too many regulations around
how they are using their land, the other issue they are facing is that the price of
agricultural land is too expensive, often because it is competing on the market with
luxury homes and short-term accommodations. We want to make sure that we are not
increasing the value of agricultural land but making it easier for farmers. As we got
into our discussion, I've asked how we ensure that the intent of the Bill is being
followed? I think some reassurance as Councilmember Cowden asked, part of it is
COUNCIL MEETING 36 MARCH 24, 2021
through the legislative process. If this is not working or if there needs to be changes
made in the future...if there is abuse around the retail outlet, that is partially on us to
try and modify and cater it to better apply to farmers and agricultural activity. I am a
strong supporter of this Bill. I appreciate the work that has gone into it and I certainly
think it is going to help. Let us always keep watch and if there are abuses, let us revisit
this in the future. Thank you.
Council Chair Kaneshiro: Councilmember DeCosta.
Councilmember DeCosta: I am going to support this Bill. I really
appreciated Councilmember Evslin's and Councilmember Cowden's intellectual
feedback and conversation. It is part of our job for all of us to discuss and then come to
an agreement. I feel like we have come to an agreement. I am going to support this
bill. I wanted to piggyback on Councilmember Kuali`i's reiteration of food security. If
anyone is listening out there, we have learned during this pandemic and through
natural disasters that food security is our number one goal, and I would like to see it
come fruition on Kaua`i, we are going to forget that as soon as tourism opens. I want to
remind everyone that we cannot forget. We must make that our number one goal. I
think with this Bill, we are moving towards that.
Council Chair Kaneshiro: Councilmember Carvalho.
Councilmember Carvalho: Again, I totally support this Bill. It gives hope
to our farmers. It opens the door to all levels of farming. I like that opportunity and
that it holds everyone accountable through the bill process. I just wanted to share my
mana`o on that and I think it is important that we look at all types of ways to support
agriculture. This Bill I think is going in the right direction. I will continue to support
it.
Council Chair Kaneshiro: The basic concept of this Bill was to make it
easier for farmers to get their products to consumers. Prior to COVID-19 happening, a
lot of farmers were selling to restaurants, hotels, and supermarkets. When that market
fell out, they really did not have a place to go to sell their products. The only thing that
they could do was to try to sell their products from their property. In that situation,
they would need a Use Permit. In the past, if a farmer wanted to do that, and saw that
it was worth their time to have someone sit at their farm with a stand, they would get
a Use Permit. Obviously for farmers, if they have the demand and hotels and
restaurants are open, it is way easier for them to sell all their products to hotels and
restaurants, get their products out, know how much they need to deliver all week, than
to sit an agricultural stand while everyone else is farming. They can farm through the
day and night to get their produce ready, get everything ready, then go back to their
farm. Having an agriculture stand, someone needs to sit there and sell produce. You
do not know your demand on that day. It is a little riskier. Once the pandemic hit, a
lot of these farmers had to be flexible and fluid in order to start moving their product.
COUNCIL MEETING 37 MARCH 24, 2021
They did not have the hotels or restaurants to buy their food that they grew. They had
a lot of food that they grew to sell. Making it easier for the agricultural retail stand was
giving the farmer the ability to get their product out to the consumers and not be so
reliant on hotels and restaurants. Demand was zero from them at one time. That is
what the intent of the Bill was. It was to provide farmers the opportunity to sell their
products. They can always sell it to hotels and restaurants, but we saw that once that
market was gone, where are they going to go and how are they going to get their
products out? Selling it from their land and setting up stands at their property was
their next viable option in being able to sell their produce. With this step and seeing
how the pandemic affected the market, I think it was reasonable to say that we are
going to make it easier for them to do that and make it a permissible use. In the past
when they could go to hotels and restaurants, maybe we could be a little bit more
aggressive to say that if you want to do a retail stand on your property, you need to get
a Use Permit. Then they would really have to have a viable opportunity to put in a
retail stand. Considering the times that we are in right now; we saw that it was just
another option. It is probably not their first or best option of what they wanted to do,
but it was an option that they needed to take to survive. Seeing that, we needed to
make it easier for them. That is how it all came about. Are there any further comments
or questions from the Members? If not, I will take a roll call vote.
(Written testimony was received for Bill No. 2804 and no registered speakers
requested to testify regarding this agenda item.)
The motion to approve Bill No. 2804 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 APPROVAL: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL— 7,
AGAINST APPROVAL: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
Bill No. 2817 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2020-866, AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY
1, 2020 THROUGH JUNE 30, 2021, BY REVISING THE AMOUNTS ESTIMATED
IN THE GENERAL FUND AND GOLF FUND (Golf Fund Projected Revenue Deficit—
$250,000.00)
COUNCIL MEETING 38 MARCH 24, 2021
Councilmember Kuali`i moved to approve Bill No. 2817 on second and final
reading, and that it be transmitted to the Mayor for his approval, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or comments from the
Members? Again, this is to help supplement our golf course.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve Bill No. 2817 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 APPROVAL: Carvalho, Chock, Cowden,
DeCosta, Evslin, Kuali`i, Kaneshiro TOTAL — 7,
AGAINST APPROVAL: None TOTAL— 0,
EXCUSED & NOT VOTING: None TOTAL— 0,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Seven (7) ayes.
(Councilmember Kuali`i was noted as not present.)
EXECUTIVE SESSION:
ES-1038 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County
Attorney requests an Executive Session with the Council to provide the Council
with a briefing and request for settlement authority in the matter of
Trevor Wright vs. County of Kaua`i, et al., Civil No. 19-1-0061 JRV (Fifth Circuit
Court). This briefing and consultation involve the consideration of the powers, duties,
privileges, immunities, and/or liabilities of the Council and the County as they relate
to this agenda item.
ES-1039 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County
Attorney requests an Executive Session with the Council to provide the Council with
a briefing and request for settlement authority in the matter of
County of Kaua`i vs. KAPHA North Shore, LLC, Civil No. 18-1-0031 (Fifth Circuit
Court). This briefing and consultation involve the consideration of the powers, duties,
privileges, immunities, and/or liabilities of the Council and the County as they relate
to this agenda item.
(Councilmember Kuali`i was noted as present.)
COUNCIL MEETING 39 MARCH 24, 2021
ES-1044 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(3), and Kaua`i County Charter Section 3.07(E), the Office of the County
Attorney requests an Executive Session with the Council to discuss the utilization of
public access, open space, natural resources preservation funds for the acquisition of
real property identified by Tax Map Key No. 3-2-001-001 (55.408 acres) and Tax Map
Key No. 3-1-001-012 (44.641 acres) for land conservation purposes. This briefing and
consultation involves consideration of the powers, duties, privileges, immunities,
and/or liabilities of the Council and the County as they relate to this agenda item.
ES-1048 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County
Attorney requests an Executive Session with the Council to provide the Council with
a briefing and request for settlement authority in the matter of
Roy Gal vs. County of Kaua`i, et al., Civil No. 20-00011 JMS-WRP (U.S. District
Court for the District of Hawai`i). This briefing and consultation involves
consideration of the powers, duties, privileges, immunities, and/or liabilities of the
Council and the County as they relate to this agenda item.
Councilmember Chock moved to convene in Executive Session for ES-1038,
ES-1039, ES-1044, and ES-1048, seconded by Councilmember Cowden.
Council Chair Kaneshiro: For the record, I just want to mention that
Councilmembers Chock and Evslin will be recused from ES-1044.
(No written testimony was received and no registered speakers requested to
testify regarding these agenda items.)
The motion to convene into Executive Session for ES-1038, ES-1039, ES-1044,
and ES-1048 was then put, and unanimously carried.
Council Chair Kaneshiro: Seeing no further business and hearing no
objections, this Council Meeting is now adjourned.
ADJOURNMENT.
There being no further business, the Council Meeting adjourned at 10:23 p.m.
Respectfully submitted,
JA 1 . FOUNTAIN-TANIGAWA
County Clerk
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