HomeMy WebLinkAbout03/25/2020 Council minutes COUNCIL MEETING
MARCH 25, 2020
The Council Meeting of the Council of the County of Kauai was called to order
by Council Chair Arryl Kaneshiro at the Council Chambers, 4396 Rice Street,
Suite 201, Llhu`e, Kauai, on Wednesday, March 25, 2020 at 8:31 a.m., after which
the following Members answered the call of the roll:
Honorable Mason K. Chock (via remote technology)
Honorable Felicia Cowden
Honorable Luke A. Evslin (via remote technology)
Honorable Ross Kagawa (present at 8.45 a.m.)
Honorable KipuKai Kuali`i
Honorable Arryl Kaneshiro
Excused: Honorable Arthur Brun*
Council Chair Kaneshiro: Please note that we will run today's Council
Meeting and Public Hearings pursuant to the Governor's Supplementary Emergency
Proclamation dated March 16, 2020.
APPROVAL OF AGENDA.
Councilmember Kuali`i moved for approval of the agenda, as circulated,
seconded by Councilmember Cowden.
Council Chair Kaneshiro: There is no one in the audience.
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: Any discussion from the members?
The motion for approval of the agenda, as circulated, was then put, and carried
by a vote of 5:0:2* (Councilmember Brun and Councilmember Kagawa were
excused).
Council Chair Kaneshiro: The motion is carried. Clerk, please read the
next item.
CONSENT CALENDAR:
C 2020-81 Communication (02/10/2020) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee Helen A. Cox
(Environmental) to the Planning Commission — Term ending 12/31/2020.
C 2020-82 Communication (02/19/2020) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee Francis Paul DeGracia,
Jr. (Labor) to the Planning Commission—Term ending 12/31/2022.
COUNCIL MEETING 2 MARCH 25, 2020
C 2020-83 Communication (02/28/2020) from the Director of Finance,
transmitting for Council information, the 2020 Real Property Assessment List of the
County of Kauai, pursuant to Section 5A-2.2, Kauai County Code 1987, as amended.
C 2020-84 Communication (03/02/2020) 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, 2019, pursuant to Section 21 of
Ordinance No. B-2019-856, relating to the Operating Budget of the County of Kauai for
Fiscal Year 2019-2020.
C 2020-85 Communication (03/03/2020) from the Housing Director,
transmitting for Council consideration, a Resolution Authorizing The Filing Of The
Kauai County 2020 Action Plan (Community Development Block Grant) With The
Department Of Housing And Urban Development, United States Of America, For A
Grant Under Title I Of The Housing And Community Development Act Of 1974 And
1987 (Public Laws 93-383 And 100-242), As Amended.
C 2020-86 Communication (03/04/2020) from the Housing Director,
transmitting for Council consideration, a Resolution Authorizing The Filing Of The
Kauai County 2020 Action Plan (HOME Investment Partnership Program) With The
Department Of Housing And Urban Development, United States Of America, For A
Grant Under Title II Of The Cranston-Gonzalez National Affordable Housing Act
(Public Law 101-625), As Amended.
C 2020-87 Communication (03/04/2020) from the Director of Finance,
transmitting for Council information, the Condition of the County Treasury
Statement quarterly report as of November 7, 2019.
C 2020-88 Communication (03/11/2020) from Council Chair Kaneshiro,
providing written disclosure of a possible conflict of interest and recusal relating to
C 2020-73, regarding the Property Adjustment Agreements for the clearing of debris
and dredged material from the Waihohonu Stream, as he is employed with Grove
Farm, Incorporated.
C 2020-89 Communication (03/12/2020) from Council Chair Kaneshiro,
transmitting for Council consideration, a Resolution Amending Resolution
No. 2019-03 Relating To The Appointment Of The Chairpersons, Vice Chairpersons,
And Members Of The Several Standing Committees Of The Council Of The County
Of Kauai.
C 2020-90 Communication (03/13/2020) from Council Chair Kaneshiro,
transmitting for Council consideration, a Resolution Amending Resolution
No. 2019-02, Relating To The Rules Of The Council Of The County Of Kauai For The
Organization Of Committees And The Transaction Of Business.
C 2020-91 Communication (03/13/2020) from the Director of Human
Resources, transmitting for Council information, the March 15, 2020 Vacancy Report,
pursuant to Section 24 of Ordinance No. B-2019-856, relating to the Operating
Budget of the County of Kauai for Fiscal Year 2019-2020.
COUNCIL MEETING 3 MARCH 25, 2020
C 2020-92 Communication (03/13/2020) 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 Limit and Very Low Income tax relief measures
enacted by the Kauai County Council, factored with the existing real property tax rates,
and based on the Real Property Assessment Certification for Fiscal Year 2021.
Councilmember Kuali`i moved to receive C 2020-81, C 2020-82, C 2020-83,
C 2020-84, C 2020-85, C 2020-86, C 2020-87, C 2020-88, C 2020-89, C 2020-90,
C 2020-91, and C 2020-92 for the record, seconded by Councilmember Cowden.
Council Chair Kaneshiro: Any discussion from the members? We did
not receive any written testimony.
(No written testimony was received on these agenda items.)
Council Chair Kaneshiro: Are there any questions or comments from the
members?
The motion to receive C 2020-81, C 2020-82, C 2020-83, C 2020-84, C 2020-85,
C 2020-86, C 2020-87, C 2020-88, C 2020-89, C 2020-90, C 2020-91, and
C 2020-92 for the record was then put, and carried by a vote of 5:0:2*
(Councilmember Brun and Councilmember Kagawa were excused).
Council Chair Kaneshiro: The motion is carried. Next item please.
COMMUNICATIONS:
C 2020-93 Communication (02/20/2020) from Elliott K. Ke, Captain, Office of
the Chief of Police, requesting Council approval of the indemnification provision in the
End User License Agreement (EULA) and Terms and Conditions for the Kauai Police
Department's small Unmanned Aircraft System (sUAS), to allow the Kauai Police
Department (KPD) to procure the software license for the Pix4D mapping software to
produce high quality visual and measurement images through the use of the
Department's sUAS program: Councilmember Kuali`i moved to approve C 2020-93,
seconded by Councilmember Cowden.
Council Chair Kaneshiro: The Chief of Police is available for questions.
Does anyone have preset questions that you wanted to ask? I am not sure if the Chief
is prepared to answer questions on this item.
Councilmember Cowden: I had asked some questions to Captain Ke. He
responded. I could read them or reference them. I think they are important in terms
of what the community might feel. I was very happy with these answers. I am not sure
if the Chief would prefer to answer them. My first question was regarding drones...
"Are there illegal search and seizure limitations to be associated with the drones?"
Captain Ke responded that, "The Kauai Police Department (KPD) has three (3) sworn
employees who are certified as remote pilots by the Federal Aviation
COUNCIL MEETING 4 MARCH 25, 2020
Administration (FAA). These pilots are trained and very knowledgeable about the
Fourth Amendment and the protections afforded to individuals with reference to
unreasonable searches and seizures and people's right to privacy. These pilots have
also received training on current case law and how that law applies to the aircraft
missions. Further, KPD policy is clear that all small unmanned aerial systems missions
will be in line and comply with local, state, and federal laws always taking into
consideration individual civil rights and the reasonable expectation to privacy." Chief,
I was confident that that would be case, but I think it is very important for it to be
stated. Do you have any further comments on that?
There being no objections, the rules were suspended.
TODD G. RAYBUCK, Chief of Police (via remote technology): No. Thank
you for asking the question. That is a common question that comes up in the community
regarding police use of drones. I will just submit Captain Ke's testimony for the record
in that response.
Councilmember Cowden: Okay. I had one other question that I felt he
did a very good job answering. "Can you provide examples for the intended use of the
drones?" Captain Ke responded, "The Kauai Police Department received a Certificate
of Authorization (COA) from the FAA on June 26, 2018. The COA provides specific
terms and provisions which KPD must adhere to when performing Public Aircraft
Operations. KPD is required to document and report sUAS operations to the FAA
through an online reporting system. Currently, missions authorized by KPD policy
include but are not limited to: disaster response and recovery, post-incident crime
scene preservation and documentation, response to hazardous material spills, search
and rescue missions, and public safety and life-preservation missions. The Pix4D
software will allow KPD to take the images captured from a crime scene or other
approved mission and combine those images to create a measureable 2D map in the
field or in the office. The software will also allow for a more accurate assessment of
areas that may have been affected by natural disasters like floods, hurricanes,
volcanic eruptions, and earthquakes, by using the captured data to create real-time
maps to be used for identifying damage in areas like critical infrastructure and the
environment. Investigators will be able to identify and measure points of interest,
mark and evaluate maps to get rapid and reliable situational awareness for making
tactical decisions, and improving safety for responding to evolving situations." I felt
that that was a very good response and one that gives me confidence that we will be
more effective in police actions that we are taking now. It will be good for the safety
and well-being of our citizens, the police, and our island in general. Chief, do you
have anything that you would like to add?
Chief Raybuck: Captain Ke's response is very well presented
to the Council and I appreciate that. The use of drones in policing has really allowed
us to increase our ability to observe dangerous situations, where we would not have
to risk police officers going into the situation to obtain critical information, whether
that is a search and rescue mission, a body recovery, or a physical situation such as
the helicopter crash that we had, where we cannot get personnel on the ground and
flying in a helicopter may not be an optimal decision—one of the other benefits, as
Captain Ke alluded to in his response, is that we often use these in those types of
COUNCIL MEETING 5 MARCH 25, 2020
incidents. The last thing that I will add is that the value in reducing the budget of
the County by use of drones...to use a helicopter in a similar situation costs about
seven hundred twenty-five dollars ($725) an hour of flight time. Add into that the
helicopter flight by its very nature can be very dangerous and there are people that
could be placed at risk. The drones allow us to obtain the same type of data from a
safe location on the ground and be able to put that into real time to the individuals
that need that the most. Thank you again for asking that question. I appreciate that
and submit that for the record.
Councilmember Cowden: Thank you. No more questions.
Council Chair Kaneshiro: Any questions from the other members?
(No written testimony was received on this agenda item.)
The meeting was called back to order, and proceeded as follows:
The motion to approve C 2020-93 was then put, and carried by a vote of 5:0:2*
(Councilmember Brun and Councilmember Kagawa were excused).
Council Chair Kaneshiro: The motion is carried. Next item.
C 2020-94 Communication (02/26/2020) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's recommendation to
amend Chapter 8, Section 8-2.4, Kauai County Code 1987, as amended, relating to the
Table of Uses: Councilmember Chock moved to receive C 2020-94 for the record,
seconded by Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions or comments from the
members? We are going to see it as a Proposed Draft Bill, it will go to public hearing
and committee. Any discussion from the members?
(No written testimony was received on this agenda item.)
The motion to receive C 2020-94 for the record was then put and carried by a
vote of 5:0:2* (Councilmember Brun and Councilmember Kagawa were
excused).
Council Chair Kaneshiro: Clerk, can we skip C 2020-95 until
Councilmember Kagawa is present?
There being no objections, C 2020-96 was taken out of order.
C 2020-96 Communication (03/03/2020) from the Housing Director,
requesting Council approval to receive and expend the Reversion of Capital
Improvement Project (CIP) Funds from the State Department of Land and Natural
Resources (DLNR) in the amount of$195,081.48 to the County of Kauai, for the Spark
Matsunaga Memorial at Kealaula located on the Pua Loke project: Councilmember
Kuali`i moved to approve C 2020-96, seconded by Councilmember Chock.
COUNCIL MEETING 6 MARCH 25, 2020
Council Chair Kaneshiro: I will mention when we actually have
testimony for or against an item, but we did not receive any testimony on this item.
Councilmember Cowden: I would just like to say I think it is a really nice
gesture that we are honoring him there.
Council Chair Kaneshiro: Any final discussion from the members?
(No written testimony was received on this agenda item.)
The motion to approve C 2020-96 was then put, and carried by a vote of 5:0:2*
(Councilmember Brun and Councilmember Kagawa were excused).
Council Chair Kaneshiro: Motion carried. Next item.
C 2020-97 Communication (03/04/2020) from the Executive on
Transportation, requesting Council approval to apply for, receive, and expend, a Fiscal
Year 2020 Federal Transit Administration (FTA) Section 5339(c) Low or No
Emission (Low-No) Bus Program competitive grant, in the amount of$2,550,000.00,
and to indemnify the FTA. This Section 5339(c) grant will provide eighty-five
percent (85%) of the cost to replace three (3) diesel-powered buses exceeding their
useful service lives with three (3) electric-powered buses, and provide for the design
and construction of depot charger ports required for electric bus charging:
Councilmember Cowden moved to approve C 2020-97, seconded by Councilmember
Kuali`i.
Council Chair Kaneshiro: Any comments or discussion from the
members? Councilmember Kuali`i.
Councilmember Kuali`i: I am just assuming that the Transportation
Agency is budgeting for the fifteen percent (15%) difference that is the County's share;
I am pretty sure they are.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: The questions I have been asking are about
how well they fit into the existing infrastructure for improving the buildings, that
they feel they can adapt to make that work.
Council Chair Kaneshiro: Yes, and I did ask questions to the
Transportation Agency also, but again, this is not a guaranteed grant that they are
going to get. They are just applying for it. It is a large program and it is a competitive
program. We are just giving them the approval to apply for it.
Councilmember Cowden: Okay. Thank you.
Council Chair Kaneshiro: Is there anyone else?
COUNCIL MEETING 7 MARCH 25, 2020
(No written testimony was received on this agenda item.)
The motion to approve C 2020-97 was then put, and carried by a vote of 5:0:2*
(Councilmember Brun and Councilmember Kagawa were excused).
Council Chair Kaneshiro: Next item.
C 2020-98 Communication (03/05/2020) from the Acting County Engineer,
requesting Council approval to use existing budgeted funds to reprioritize the purchase
of a backhoe to an unbudgeted excavator at a cost of$130,000.00, which will be utilized
at the Hanalei Refuse Transfer Station: Councilmember Kuali`i moved to approve
C 2020-98, seconded by Councilmember Cowden.
Council Chair Kaneshiro: Is there any discussion from the members?
Councilmember Cowden: I wanted to comment that it was made clear
from the Department of Public Works that an excavator would do a better job than a
backhoe, and that is the main reason why we made the change.
Council Chair Kaneshiro: Anyone else?
(No written testimony was received on this agenda item.)
The motion to approve C 2020-98 was then put, and carried by a vote of 5:0:2*
(Councilmember Brun and Councilmember Kagawa were excused).
Council Chair Kaneshiro: Motion carried. Next item.
C 2020-99 Communication(03/09/2020) from Bryson Ponce, Assistant Chief of
Police, Investigative Services Bureau, recommending Council approval:
a. To enter into a Letter of Agreement (LOA) reimbursement program
with the Drug Enforcement Administration(DEA)of the United States
Department of Justice (DOJ), to provide as well as receive assistance
from other Police Departments, State and Federal Agencies in the fight
against drug, gun, and persons related crimes;
b. To receive $42,000.00 as payment for overtime, vehicle and aircraft
rentals, training, replacement of old equipment, and purchase of new
technology; and
c. Of the indemnification provisions contained in Agreement Number
2020-59.
Councilmember Kuali`i moved to approve C 2020-99, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: I will suspend the rules. Are there any
questions from the members on this item while we have Chief Raybuck here?
Councilmember Cowden.
There being no objections, the rules were suspended.
COUNCIL MEETING 8 MARCH 25, 2020
Councilmember Cowden: I had an exchange with Assistant Chief Ponce
and he answered my questions sufficiently. They provided a little background on it, but
those were good answers.
Council Chair Kaneshiro: Is there anyone else? If not, I will call the
meeting back to order.
The meeting was called back to order, and proceeded as follows:
Council Chair Kaneshiro: Is there any final discussion from the
members?
(No written testimony was received on this agenda item.)
The motion to approve C 2020-99 was then put, and carried by a vote of 5:0:2*
(Councilmember Brun and Councilmember Kagawa were excused).
Council Chair Kaneshiro: Motion carried. Next item.
C 2020-100 Communication (03/11/2020) from the Director of Human
Resources, transmitting for Council consideration, the cost items for the Hawaii
Government Employees Association (HGEA) Bargaining Unit 4 for period
July 1, 2019 to June 30, 2021, pursuant to Hawaii Revised Statutes (HRS)
Section 89-11 and Kauai County Charter Section 19.13B. The terms of the Collective
Bargaining Agreement were recently ratified by the employees of Bargaining Unit 4.
(Councilmember Kagawa was noted as present.)
Councilmember Kuali`i moved to receive C 2020-100 for the record, seconded
by Councilmember Cowden.
Council Chair Kaneshiro: Are there any questions from the members on
this? We do not have the Department of Human Resources (HR) present.
Councilmember Cowden: When it comes time to do the Bill, I have some
answers that I received ahead of time.
Council Chair Kaneshiro: Anyone else?
(No written testimony was received on this agenda item.)
The motion to receive C 2020-100 for the record was then put, and carried by
a vote of 6:0:1*.
COUNCIL MEETING 9 MARCH 25, 2020
Council Chair Kaneshiro: Next item.
C 2020-101 Communication (03/11/2020) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend Federal funds in the
amount of$284,784.00, and approval to indemnify the State of Hawaii, Department of
Attorney General, for the Kauai Victims of Crime Act (VOCA) Expansion
Project 18-V2-03 for the period of July 1, 2020 through June 30, 2021: Councilmember
Cowden moved to approve C 2020-101, seconded by Councilmember Kuali`i.
Council Chair Kaneshiro: We did request everyone to ask the questions
ahead of time and if we needed the Administration here, we would have them on and
we not have them present, so I am going to assume that we do not have questions for
the rest of the other items. Is there any discussion from members before we vote?
Councilmember Kuah'i.
Councilmember Kuali`i: I know that this is money that we go after every
year for important work in the community; the VOCA funds.
Council Chair Kaneshiro: Anyone else?
(No written testimony was received on this agenda item.)
The motion to approve C 2020-101 was then put, and carried by a vote of 6:0:1*.
Council Chair Kaneshiro: Motion carried. Clerk, can we go back to
C 2020-95, on page 3?
C 2020-95 Communication (02/28/2020) from the Salary Commission,
transmitting for the Council's information and consideration, the Salary Commission's
Resolution No. 2020-1 and Resolution No. 2020-2, Relating to the Salaries of Certain
Officers and Employees of the County of Kauai, which was adopted by the Salary
Commission at its January 23, 2020 meeting.
• Salary Commission Resolution No. 2020-1
• Salary Commission Resolution No. 2020-2
JADE K. FOUNTAIN-TANIGAWA, County Clerk: Salary Commission
Resolution No. 2020-1,which is relating to the Office of the County Attorney, and Salary
Commission Resolution No. 2020-1, from Kauai Police Department (KPD).
Councilmember Cowden moved to take C 2020-95 Ad Seriatim, seconded by
Councilmember Chock, and carried by a vote of 6:0:1*.
Council Chair Kaneshiro: Clerk, let us start with the Salary
Commission Resolution No. 2020-1. This is the resolution regarding a six hundred
dollar ($600) payment for the Office of the County Attorney to help pay off student
loans. Let me make this clear on the motion. If you want to reject, the motion would
be "to reject in its entirety" and it will take five (5) votes to reject. This is a weird
situation where it is a salary resolution, so it is a little different. If the members are
COUNCIL MEETING 10 MARCH 25, 2020
okay with it, then we would make a motion "to receive for the record" and that takes
four (4) votes, and it will automatically be received. I am not sure how people feel
about it, but we will take a motion now. We can discuss it and then we can rescind
the motion or do a new motion on it.
Councilmember Kagawa moved to reject Salary Commission Resolution
No. 2020-1 in its entirety, seconded by Councilmember Kuali`i.
Council Chair Kaneshiro: We have a motion on the floor. Are there any
questions on this? Councilmember Cowden.
Councilmember Cowden: Matt, when I hear six hundred dollars ($600),
that does not sound very much, but this is...it says, "WHEREAS, the average law
school graduate with an average student loan debt of one thousand forty-five five
hundred fifty dollars ($145,550)," and the "average loan payment for that amount of
debt would be one thousand six hundred fifty-six ($1,656) a month." Where do I see
that six hundred dollars ($600)?
MATTHEW M. BRACKEN, County Attorney: The six hundred
dollars ($600) was selected by me. Those are the national averages. I actually did a
poll in my office to see what the average student loan amount was, as well.
Seventy-seven percent (77%) of my attorneys have student loans and the average
student loan payment in my office is over nine hundred dollars ($900), so six hundred
dollars ($600) is to be used like a partial payment for some.
Councilmember Cowden: Okay, I see six hundred dollars ($600) per
month. I was thinking six hundred dollars ($600) is nothing.
Mr. Bracken: That is correct.
Councilmember Cowden: Okay. Thank you.
Council Chair Kaneshiro: Councilmember Kagawa.
Councilmember Kagawa: My comment is that it will be good to pass it
to perhaps attract more attorneys, however, where does it end? In any type of
profession today, everyone has student loans. There are very few people that can pay
all of their schooling off. Even at the University of Hawaii (UH), twenty thousand
dollars ($20,000) per year. Who can pay that cash? Also, the cost to live in Honolulu.
If you go to the mainland, it is like forty thousand dollars ($40,000) per year. Our
entire County would like that ability to pay off student loans. We are opening up a
can of worms. I am very surprised that the Salary Commission would even propose
something like this. I think they need to go back and reevaluate the purpose of their
job; it is not to propose ridiculous things that clearly will have both sides to
something. This is clearly going beyond what the Salary Commission should be
doing. Propose reasonable things, not unreasonable things. If you want to attract
more attorneys, then just make the salaries higher and propose something like that.
Do not propose something where there are a lot of other people that will be left out.
Again, the whole thing about going to college, getting grants, getting college
COUNCIL MEETING 11 MARCH 25, 2020
assistance, it varies too. If you are divorced or still together but technically divorced,
you have a big break and you can get more student loans than a regular married
couple in the middle class. If you are on the lower end of the income, you can get
much more college grants. If you have Hawaiian blood, you can get higher grants.
For the County to look at just giving one department student loan aid is really, for
me, a bad precedent. I hope we do not go down that type of road because like I said,
there are many people deserving of help and many departments that could get better
people if we had that type of help. I hope we do not even go in this direction. I am
voting a strong motion to reject.
Council Chair Kaneshiro: Do we have any questions from the members
for Matt, while he is here? Councilmember Chock and then Councilmember Evslin.
Councilmember Chock: My goal would be to see how it is we can
support the Office of the County Attorney. It is apparent that this particular proposal
is not sitting well with the Council. My suggestion would be if we do not have the
votes to support them with this proposal, perhaps there is a different way that we
can that is more along the lines of the Salary Commission's purview that we have
seen in the past. I am open to suggestions on what that would look like from the
County Attorney and of course from the members.
Councilmember Evslin: I have a question for Matt. Is there something
unique about the Office of the County Attorney as opposed to the Office of the
Prosecuting Attorney or those with, say, a Masters of Engineering that you folks
should have this or do you think all those other departments should also?
Mr. Bracken: The Salary Commission considered this
because I asked for it specifically. I brought this before the Salary Commission when
I had four (4) vacancies; I currently have one-and-a-half (1.5) vacancies—I have a
part-time attorney and a full-time attorney position. I anticipate another vacancy in
2020. The only reason they considered it for my office is because I asked and the
reason why it would fall under their purview is these sorts of payments are considered
"salary" by the Internal Revenue Service (IRS), so it was something the Salary
Commission could consider. They had the same reservations as you all did, they
wanted to look at the other departments as well. I asked them to consider, just
because I have a huge problem with attracting people...
Council Chair Kaneshiro: Matt. Sorry to interrupt, but maybe if you can
speak a little slower or closer to the microphone. It is coming in a little patchy on our
side.
Councilmember Cowden: Or speak directly into the microphone.
Mr. Bracken: The Salary Commission considered this for
my office because I requested it. They were apprehensive as you all were, just
considering one department. They were willing to do it, though, because of the huge
problem I had with hiring people. I originally approached them when I had four (4)
vacancies. I currently have one and one half(1.5) vacancies. I have a part-time and
a full-time position and I have an anticipated vacancy here in 2020, within the next
COUNCIL MEETING 12 MARCH 25, 2020
few months. So they were willing to consider it for my office because I requested it,
but there is not anything that stops them from doing it for other departments as well.
Of course they would have to bring it before the Council for your consideration.
Council Chair Kaneshiro: Councilmember Evslin, you can continue with
your questions.
Councilmember Evslin: Certainly I imagine this was worked on before
the crisis that we are facing right now. Do you think potential drastic revenue
shortfalls in the next budget, would that change your consideration of the calculus
here at all? Maybe waiting until next year or something like that.
Mr. Bracken: It was proposed originally in January or
February. It took a little while to get it to you all. The thing is, the budgetary impacts
of this resolution are not in the current budget proposal that was submitted and nor
will it be. The way I discussed it with the Salary Commission is that I would
essentially use funds left over from vacant positions to fund this proposal. Therefore,
if I have an attorney vacancy for one (1) month, that is enough to offer student loan
payments for one position. The thought was to use current vacancies to fund
resolution itself. It is not in the current budget and nor will it be in the current
budget. I just intend to use vacant position salaries to fund it.
Councilmember Evslin: Would that be the hope going forward forever
is that it would never be budgeted to your salaries, but you would always use extra
vacant funds to use to fund it with what was available?
Mr. Bracken: I think if I have the vacancies like our office
has always had, that it could always be done. My hope is that is not the case. I would
hope that at some point I could have a full office with all the positions filled. I intend,
if it was to pass, to have a contractual agreement with the attorney who would be
receiving it, to state something along the lines of"there is not guarantee this will be
for more than one (1) year."
Councilmember Evslin: It was a little hard to understand that last
part. Could you just repeat that?
Mr. Bracken: I would have the attorney and our office
execute a contract along the lines of "there is no guarantee"... I am using leftover
funds from salaries to fund it, but at some point in time if there were no funds for it,
then they would not be entitled to it. So, it would be subject to Council's approval in
the future.
Councilmember Evslin: So as it goes right now...
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: ...for that position, you fill a position, the
funding is not there, and you do not give it to them, right?
COUNCIL MEETING 13 MARCH 25, 2020
Mr. Bracken: That is correct. It is subject to Council
approval in the future. It will have to be a subject line item, a different line item in
the future, but again, it is not this current budget, so you will not see it.
Councilmember Evslin: And would that money be prioritized towards
trying to find someone new that would come in at a higher effective salary than people
who are on staff now or would you give it to current attorneys on salary?
Mr. Bracken: There is no budget to give to the current
attorneys. It would just be offering to new.
Councilmember Evslin: Okay.
Council Chair Kaneshiro: Councilmember Kuali`i.
Councilmember Kuali`i: The way it is written, though, would the
person you hire understand that they are going to get that six hundred dollars ($600)
per month every month for as long as they work with us, for as long as they have the
loan. That is what the resolution sounds like.
Mr. Bracken: All the salary resolutions are just enabling, so
this will allow my office to take action. With all of these, there will have to have a
separate agreement, and I plan on doing a separate agreement. Because, one, I would
have them provide proof of what the loan payment is, which would need to be verified
by my office. Then I would do a separate agreement saying, "It is not indefinite. It is
subject to Council appropriation."
Councilmember Kuali`i: But the way that it is written is primarily to
give additional compensation, so I agree with Councilmember Kagawa in that you
should just work with the Salary Commission on increasing the salary. This seems
to be like they are trying to be creative, but an increase in salary is an increase in
salary.
Mr. Bracken: The Salary Commission had voted not to pass
any salary increases for the year. I came in after they voted on that, I came in with
this additional proposal...
Councilmember Kuali`i: I think they have something called a "hiring
bonus," have you given any thought to that? There are ways with positions that are
hard to fill that they have some other type of incentive to try and help fill those
positions. Have you looked at that?
Mr. Bracken: That can be done for civil servants, but it
cannot be done with appointed positions. An appointed position requires a salary
resolution.
Councilmember Kuali`i: Okay.
Council Chair Kaneshiro: Councilmember Cowden.
COUNCIL MEETING 14 MARCH 25, 2020
Councilmember Cowden: The six hundred dollars ($600) per month
does not go directly to the financial institution holding the loan, it just gets paid out
to the staff member, the attorneys?
Mr. Bracken: That is correct.
Councilmember Cowden: Okay. So it is basically a salary increase and
nothing more than that, essentially, right, because there is not tax deferral or any
kind of thing like that gives the extra benefit.
Mr. Bracken: The IRS views it as salary, so, yes, but it is
something we can use in the advertising for the vacant position.
Councilmember Cowden: Okay, thank you.
Council Chair Kaneshiro: Matt, do you think it is fair that we would
allow to pay off student loan debts just for our attorneys and no one else in the entire
County? Is this a bad precedent to start going down? We have attorneys that are in
different departments also that have student loans, are we going to start expanding
it to them? I bet a majority of our employees at the County have gone to college, have
student debt, are we going to start paying everyone's student debt? It is hard for us
to know what the precedent is.
Mr. Bracken: In the end it would be a policy decision on how
far you want to take it. I do think, for my office, I need a way to attract attorneys.
At this point, this was a way to do that. If it is something that could be used by other
department having difficulty filing vacant positions, I think it is a great idea. I think
it can help bring in a diverse work group.
Council Chair Kaneshiro: I believe attorneys already get some type of
benefit as far as professional dues being paid by the County, right?
Mr. Bracken: The County does pay our annual dues, which
is about five hundred dollars ($500) per attorney.
Council Chair Kaneshiro: So we would pay that and then we would be
paying off student loans when we have engineers, we have Certified Public
Accountants (CPAs) that need to keep their certification that the County does not
pay. We really have to think about where this is heading by doing something like this.
Councilmember Kagawa: A lot of the comments I had about the Salary
Commission is, and my memory is very fresh because twice we had three (3) votes for
it and four (4) against it, and it passed. The Charter is written very beautifully. The
Charter has functioned for many years, but the Salary Commission, the way that
operates where you can pass something with three (3) votes on this body—that
legislates money—is ridiculous. We need to relook at doing that portion, because if
you have a proposal that something like this and you can get three (3) votes at this
Council table, you can get it passed. That is very dangerous. That is why I said, the
Salary Commission, I would hope that they would focus on something that really does
COUNCIL MEETING 15 MARCH 25, 2020
not take advantage of the fact that they can pass something with three (3) votes. That
is just absurd. We really need to go back. I am not going be here and see in the next
two (2) years the crazy things that the Salary Commission may do, but I do think we
need to protect the County, amend the Charter, so that the Salary Commission's
proposals need at least four (4)votes, not three (3). I do not see any sports competition
or any other type of competition where you get less points than the winner and you
win. Tell me where? Where you have three (3), the other person has four (4), and
you win.
Council Chair Kaneshiro: Any further questions? In this situation, it is
even more different, because it actually only needs two (2) people to be in favor to
pass, because you need five (5) votes to reject it. Just something to think about.
Councilmember Evslin.
Councilmember Evslin: We have been using money from your vacant
positions to fund special counsel when needed. Would that impact the availability of
those funds going forward?
Mr. Bracken: The Office of the County Attorney's yearly
budget has using those funds for special counsel, this last fiscal year, there was two
hundred ninety thousand dollars ($290,000) appropriated for special counsel, which
have all been expended. Two hundred thousand dollars ($200,000) from vacant
positions continue to fund special counsel. If I can get fully staffed, the special
account will be available. If I had positions, I probably would not have had to come
for the extra two hundred thousand dollars ($200,000) or even use all of the two
hundred ninety thousand dollars ($290,000).
Council Chair Kaneshiro: Are there any further questions from the
members?
The meeting was called back to order, and proceeded as follows:
Council Chair Kaneshiro: We will do final discussion. Again, I want to
remind the Councilmembers, it is going to take five (5) votes to reject, so it only takes
two (2) people to not vote for it in this particular instance, because we are one (1)
Councilmember down. Councilmember Cowden.
Councilmember Cowden: I am going to vote to reject. It is really
important to me that the integrity of government is high and that what we are saying
we are doing, we are doing. I do not have a problem that the attorneys might need to
get paid more than they do to be able to attract them, but that should be in the salary.
If we are saying this is money going to student loan reduction, to me, what would be
honest is that it would be really a student loan reduction and that it was absolutely
directly applied to it. I am in agreement with Councilmember Kagawa and others
that are looking at the fact that not only our attorneys need it, but so do our Planners
and Engineers and many different people who have student loans. Especially when
it is not directly going towards that payment. It is just a hidden way to give people a
higher salary and that is not comfortable for me.
COUNCIL MEETING 16 MARCH 25, 2020
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: I am having a hard time with this as well. I
think normally I do have an instinct to defer to the Salary Commission and I also
strongly support doing what we can to ensure that the Office of the County Attorney
is fully staffed, because we are wasting...I believe we spend two or three times the
amount per hour for special counsel, as what it would cost us if we could do it
internally. We are wasting money when we are not fully staffed. One the other hand,
I would rather see this included in their actual salary and I think whatever happens
with the Office of the County Attorney should also certainly happen for the Office of
the Prosecuting Attorney. I think it sets a precedent, as others are saying, that might
be hard for us to follow in the future. I am also wary that at this moment we are
facing pretty dire times coming up for the next year, two years, or even more. For me,
the burden for any type of extra expenditures has to be pretty high at the moment
and so I will be voting to reject today. But I hope in the future we can reconsider it
or have something that works to ensure that these folks can be fully staffed, but I just
do not think that this proposal at this moment, in my opinion, is the right one.
Council Chair Kaneshiro: Councilmember Kagawa.
Councilmember Kagawa: I support Matt, because I know what he has
been doing, but it is just the wrong mechanism. It should come during the budget and
it should have the Mayor's support in proposing whatever he thinks needs to be the
appropriate salary to help Matt attract good attorneys. We have had many bad
attorneys, too, Matt, remember that. I think the Coronavirus crisis, it may open up
some positions. There are people who may want to come out of retirement and help
their families out, so there may be opportunities there. Our economy is going to
struggle for a few years after this crisis. There may be some attorneys who may take
the salary as-is, we may get lucky in that area, but we are going to be very unlucky
in other areas. For now, I would hope that this Council can hold strong and know
that this proposal does not set good precedent for the future and you are talking about
our keiki and everyone else. The Salary Commission item was proposed as a charter
amendment. The voters did it, but I do not think they really knew what they were
voting for when they voted to allow something to win with three (3) votes out of
seven (7). I do not think the voters knew that fact, and that was a terrible charter
amendment, I believe. Thank you.
Council Chair Kaneshiro: Councilmember Chock.
Councilmember Chock: I am inclined to follow suit with my fellow
Councilmembers on this particular vote. I want to acknowledge Matt Bracken
thinking outside-of-the-box in trying to solve a really tough issue. I think all of us in
the room understand and have experienced the challenges that his office is faced with
on retaining good counsel, so if I could see this happen in a different framework, then
it would not set the precedent that I see. I like the idea, I just think that the timing
is probably not right for it. I would strongly suggest, and I think if it came from the
Salary Commission within the framework that they currently work in, in terms of
increasing salaries or even supporting additional ways, you would have my vote on
this. It is back to the drawing board, but let us not stop, because it is very apparent
that what we need is to secure and sustain our county attorneys.
COUNCIL MEETING 17 MARCH 25, 2020
Council Chair Kaneshiro: Councilmember Kuali`i.
Councilmember Kuali`i: I am voting for the rejection. The only other
thing I would put forward, Matt, is maybe...you did tell me that the hiring bonus
mechanism that is currently in place with HR is only for civil service positions, but
maybe you can look into creating some other mechanism that would apply for these
positions. I would think it would have to be very restrictive, only in the most dire
situations when you have x amount of vacancies and you are literally not able to get
the job of the County done. In your case, you can show how you are having to rely
more and more on special counsel and what have you, but maybe there is a way to
create something.
Council Chair Kaneshiro: I will be voting to reject also. I think it sets a
bad precedent. We start going down a slippery slope. Once other employees start
finding out that we are willing to give money to forgive their student loans, everyone
will say, "What about us?" Obviously, there might be some attorneys who have paid
off their entire student loan already and then there are others coming in that have
high debt that are going to get this benefit. There is not much equality to it, I guess,
in this situation. As Councilmember Evslin has mentioned, we will be coming into
dire straits. Maybe not so much this budget. I know we are probably going to have
to "ramp down" a lot of things in this budget, with general excise tax (GET) money
probably going to be way smaller, probably federal and state grants are going to be a
lot less, but definitely the next budget, next year, we will probably be hurting pretty
hard. To allow this and the type of payments that are going to be made, I think we
will be taking the wrong step right now. With that, I will be voting to reject also.
Councilmember Chock.
Councilmember Chock: I think with the presentation that Matt
shared with us, it is quite apparent that we will end up paying more forthcoming,
because of our inability to fill these positions. It behooves us to continue to look for
solutions, but I really hope that this does not hinder that and that it will continue the
conversation of looking for different opportunities.
Council Chair Kaneshiro: Councilmember Kagawa.
Councilmember Kagawa: The better way of eliminating this need that
we have for so many attorneys is that we had recurring problems that have happened.
I think our Chief of Police has greatly reduced the ones coming from KPD, thank you
Chief, but even our management needs to improve, so we get less of these ridiculous
things that need County Attorneys' attention. We have seen HR not do their job in
having corrective measures and I hope this new HR Director will help on that end. If
we make a mistake, "How can we improve?" not if we make a mistake, "How do we
pay for the lawsuit and it happens again?" That is kicking the can down the road.
Council Chair Kaneshiro: Councilmember Evslin.
COUNCIL MEETING 18 MARCH 25, 2020
Councilmember Evslin: I was remiss in not expressing appreciation to
the Office of the County Attorney for the work that they have done. I think Matt has,
I believe something like half of his positions were open as of a few months ago, they
were doing heroic work to ensure, I think we, on this side, never felt those vacancies
and that is because of the work he and his staff were doing over and beyond. And
then the tremendous work that he has done to try and fill those vacancies, I really
appreciate the efforts of his office and the work that they have all done here. I hope
that in the future we can figure out some way to ensure that they can be fully staffed.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I do also want to express gratitude to the
attorneys and just to acknowledge the people who are paid a professional salary. It is
usually enough that it brings them to a point where they do not get the benefits of a
lot of other things like reduced tuition for their children and the ability to take
advantage of workforce housing or any of that, so they are just over that cusp of not
making enough to get help. The amount that they earn extra is often just taken in
the wash in terms of how much they struggle in terms of the next person, so I do have
gratitude for them, it is not that I do not have the desire to help our attorneys and to
help your office, Matt. Thank you, but this is the wrong method.
Council Chair Kaneshiro: Anyone else? It is not to discredit the Office
of the County Attorney. I think everyone is having a difficult time hiring. We are in
dire need of engineers at the County, and again, sometimes we have to make do with
what we have, but I do think doing it this way sets a bad precedent. I can see everyone
asking, "What about my student loans?" If we offer the higher salary, it is what it is.
It will come through the Salary Commission, there is no guarantee that will pass.
There are times when we have seen that the salary was needed and it has been
rejected,because it is just not the right time in the budget, but those are all the factors
that influence the decisions that we have to make. With that, let me just reiterate
the motion on the floor is to reject in its entirety, so an "aye" vote is in agreement to
reject. Five (5) votes are needed to reject this proposal.
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: With that, roll call vote.
The motion to reject Salary Commission Resolution No. 2020-1 in its entirety
was then put, and carried by the following vote:
FOR MOTION: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 6,
AGAINST MOTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Salary Commission Resolution No. 2020-1 is
rejected in its entirety.
COUNCIL MEETING 19 MARCH 25, 2020
Council Chair Kaneshiro: Next item is the Salary Commission
Resolution No. 2020-2.
Ms. Fountain-Tanigawa: This involves the Kauai Police Department.
Council Chair Kaneshiro: I will suspend the rules. Do we have any
questions for the Chief of Police on this Resolution? May I have a motion for this
item?
Councilmember Kuali`i moved to receive Salary Commission Resolution
No. 2020-2 for the record, seconded by Councilmember Kagawa.
Council Chair Kaneshiro: Councilmember Cowden, did you have a
question?
Councilmember Cowden: I appreciate all the information that we have
gotten. Chief Raybuck, can you explain to the citizens who are watching this what
this deals with? Do you want to explain to the citizens that are watching essentially
what this idea is and why you are asking for it? This was your request, correct?
There being no objections, the rules were suspended.
Chief Raybuck: Chief Raybuck, for the record. Thank you very
much, Councilmember Cowden. To briefly explain why this Salary Resolution was
requested—it is my goal to promote the most qualified person that is best suited for
the positions within KPD. One of those promotions is the appointment to Deputy
Chief. The Chief of Police and Deputy Chiefs salaries are set by the Salary
Commission. The salaries of my Assistant Chiefs and below are according to the
collective bargaining agreement through the union, the State of Hawaii Organization
of Police Officers (SHOPO). That is created much like it has all across the County is
that there is a significant salary inversion between lower ranks and those who are
the top leaders within the organization. In my organization, we are a paramilitary
hierarchical organization, which has sequential promotions that lead to higher ranks
assuming more responsibility. You do not skip a rank along the way, you gain rank
and increase your ability to lead the organization. Because of the salary inversion,
the proper course of action would be able to draw from those qualified, the best suited
person for the position, and typically that would be among the Assistant Chief rank,
because that is an executive-level member of the police department, who has close
dealings with the Chief s Office on a daily basis. They oversee a large portion of the
organization. However, for an Assistant Chief to accept a promotion as an appointed
Deputy Chief, because of the salary inversion, it is a decrease in salary between
twenty thousand dollars ($20,000) and forty thousand dollars ($40,000) a year. That
is a debilitating loss of income for accepting an overwhelmingly increased amount of
responsibility; therefore, I went to the Salary Commission with a proposal. That
proposal was to add it into the Salary Commission Resolution as an additional
amendment or additional language for Article III that would allow the Chief of Police
to appoint an alternative salary, meaning that if an employee who is currently a
sworn officer of the Kauai Police Department, meaning that I could not appoint a
Deputy Chief from outside the organization and pay him what his salary would be
COUNCIL MEETING 20 MARCH 25, 2020
outside the organization, this remains for in-house...because the goal is to promote
people from within my organization first. Therefore, appointing that person "to the
position of Deputy Chief of Police, a position subject to the Salary Commission, the
Chief of Police may choose, in lieu of the salary in Article I," which is the maximum
salary, "to compensate the employee as though the employee had remained
continuously in the last civil service position in which the employee last held
permanently before said appointment." In layman's terms,just as an example salary,
if an Assistant Chief was currently making one hundred forty thousand dollars
($140,000) per year and he was promoted or accepted the appointment to Deputy
Chief, he would take approximately a twenty thousand dollar ($20,000) cut in salary.
Under this resolution, it would allow me to appoint an Assistant Chief to the Deputy
Chief position and they would keep their current salary, meaning that it is not an
increase in pay for the position, they are just simply keeping the salary that they
already have. The concern is, "Well, would that increase the budget?" Yes, it could,
however I proposed to the Salary Commission a way around that in order to make
this budget-neutral. I recognize that our funds at the County, especially given the
current situation, may be stressed in the upcoming years, so I wanted to proposed
budget-neutral proposition. One of those ways is by reorganizing and reallocating
positions within my department to make this more efficient and approve our services
to the community. What I have done is with my current allotment of Assistant Chiefs,
I have three (3) Assistant Chiefs that are budgeted. One of those Assistant Chiefs is
retiring on April 1st. With his position, I will be reclassifying that to a civilian
position, tentatively entitled "Business Manager," an EM-5 position. The difference
in the budgeting salary for that Assistant Chief and the top salary for the EM-5 is a
difference of about twenty-four thousand dollars ($24,000) per year. Therefore, in
budget terms, in Fiscal Year 2021 budget, with our current organizational structure,
the Chief of Police, the Deputy Chief, three (3) Assistant Chiefs is seven hundred
seventeen thousand eight hundred fifty-one dollars ($717,851). Under this proposed
resolution, or what my proposed reallocation and realignment would be to support a
budget-neutral position with this Salary Resolution, the Chief of Police, the Deputy
Chief of Police at his current salary and two (2)Assistant Chief positions, reallocating
the third Assistant Chief position to Business Manager, the proposed budget is seven
hundred seventeen thousand eight hundred forty-seven dollars ($717,847) for my
next year's budget, which is variance of minus four dollars (- $4), which is why this is
a budget-neutral solution to allow me to promote the best and most qualified person
who is suited for the position at KPD today.
Councilmember Cowden: Thank you for that. Would I be correct, when
I look at the new layout of how you would have that Deputy Chief taking on a lot of
the responsibilities, that the likelihood of overtime in our positions of the police
department is likely to go down, right? The overtime criteria, do you think that
would lessen if you had a strong deputy? Right now you do not have a Deputy Chief
of Police, is that correct?
Chief Raybuck: Correct. My Deputy Chief of Police has been
unfilled since Deputy Chief of Police Contrades retired and that was the reason why
I have been working on a solution to be able to put something like this forward to the
Salary Commission and yourselves. To answer your question, "Would the Deputy
Chief of Police reduce our overtime?" Theoretically, yes, because I would have
COUNCIL MEETING 21 MARCH 25, 2020
someone-to assist me in the overall operations and direction of the organization. I
am continuously looking at ways that we can reduce our overtime budget. As you
know our staffing issues that we have had for years have required us to pay overtime,
so that we could provide essential services the community needs, however, we have
been implementing strategies and looking for solutions that we can improve our
staffing structure and that is also part of the reallocation and review that we are
doing internally to try and reduce our overtime budget. We will continue to work on
that, but I cannot give you a dollar number on how a deputy chief of police position
through this Salary Resolution would reduce overtime.
Councilmember Cowden: Yes, I am not looking for a dollar number. I
am just looking for, in general, if you have two (2) people in that core leadership
position, we had Acting Chief Michael Contrades and then we had you, each of which
did not have a second, so that in this time period with this structure if we had two (2)
managers, basically you are the leader, but you have someone underneath you, along
with the Business Manager, presumably this would create greater efficiency and
better decision-making and less exhaustion.
Chief Raybuck: Yes, Councilmember Cowden. Thank you.
You are absolutely correct and I appreciate you pointing that out. A Business
Manager, along with having two (2) people in the office would significantly increase
our oversight and control of the organization. I also want to highlight what you
mentioned that many people are not aware of, that Acting Chief Contrades carried
both of these jobs in the Chiefs Office for over a year and one half, I believe. The toll
on him physically and mentally was significant. It is a challenge and today's challenge
that we face with COVID-19 and many other struggles that our community has today,
this is not trying to pat me on the back saying, "I cannot do a job," but it does take a
job of two (2) quality people who are best suited for the job. This would allow me to
do that today.
Councilmember Cowden: Thank you.
Council Chair Kaneshiro: Are there any other questions?
Councilmember Evslin.
Councilmember Evslin: Thank you, Chief Raybuck. For overtime—so
they would be eligible for their base salary, but they would also be eligible for any
overtime that they worked, right? Is that correct?
Chief Raybuck: Yes, Councilmember Evslin. Thank you for
that question. Overtime for the executive staff, which includes the Assistant Chiefs
and the Deputy Chief or if this was to pass, the Deputy Chief, is approved by myself,
the Chief of Police. Overtime availability or responsibilities for the Deputy Chief
would be very limited. Limited to those situations where the Assistant Chiefs are
Captains could not or for purposes of the situation itself could not do or maintain
without additional assistance. What I am trying to say is the only time the Deputy
Chief would likely incur overtime would be in critical instances or natural disasters
where it is all hands on deck or staffing numbers has decreased so much that they
would be in the position where they would be running an incident rather than
COUNCIL MEETING 22 MARCH 25, 2020
overseeing the department. Myself and the Deputy Chief s goal is not to be singularly
focused on one incident, so therefore, we have personnel who are assigned to deal
with those, which is why those opportunities are reduced, but they are not completely
eliminated. Technically, yes, some overtime can still be available in that position.
Councilmember Evslin: I know that the private sector, upper level
management often does not get overtime and I know in the public sector our Deputy
and our Department Head positions generally are not eligible for overtime. Was there
discussion during the Salary Commission process about possibly setting this at just
the base pay and not including overtime and how was that resolved or how was it
decided to keep the option of overtime?
Chief Raybuck: Yes, that was also discussed and questioned.
The reason for allowing the overtime is that we are suggesting in the Salary
Resolution that the individual be able to continue their pay in their previous position
as if they never left, meaning that they would be eligible for overtime. Can you
restate your question?
Councilmember Evslin: Was there discussion during the Salary
Commission hearing about setting it just at the base pay and not allowing overtime?
Chief Raybuck: Okay. Yes, there was that discussion. One of
the challenges we had at keeping individuals, historically, in the Deputy Chiefs
position, is as the collective bargaining agreement base salaries increased and
overtime opportunities increased, it starts to build up again another salary inversion
where the Deputy Chief again is behind others in salary. What that does is that
disincentives the Deputy Chief to remain in that position. In past history, Deputy
Chiefs have stepped down from the Deputy Chiefs position in order to increase their
salary, which is defeating the purpose of keeping and maintaining our most qualified,
best-suited positions in the areas where they are. That is why I proposed that we did
not limit that position from overtime, allow me to limit that based upon the needs of
my organization, and I can assure you that those would be few and far between. Just
as an example, the average annual overtime between my current three (3) Assistant
Chiefs is about three thousand dollars ($3,000) a year, and that includes overtime
that is paid working and reimbursed through events. It is not a significant amount
of money—I am not trying to say that three thousand dollars ($3,000) is
"chump-change"—but it is not significant amount of money when you look at my
overall budget.
Council Chair Kaneshiro: Councilmember Kagawa.
Councilmember Kagawa: I want to thank you for your presentation and
for your solution to try and help by maneuvering of the business manager and
assistant chief. I want to thank you for that because it is something I can support.
My only question was about overtime. I know we had reports prior to you coming
that there were some Assistant Chiefs getting a lot more than others. One report that
I saw physically here was putting in an area of about thirty thousand dollars
($30,000) in one year, so apparently you have addressed that?
COUNCIL MEETING 23 MARCH 25, 2020
Chief Raybuck: I cannot speak to the prior years. I do not have
the date in front of me, but I think that the most overtime was paid to any one
Assistant Chief this year was five thousand dollars ($5,000) and again, those were
situations where personnel were not available and that individual was willing to work
including work in traffic post that we could not fill at special events in the community
that making it critical assignment to keep our public safe. That individual took the
salary of a lower paid position...took the overtime rate of a lower paid position to be
able to help us with those staffing needs. I cannot speak to what may have happened
in the past. I can just tell you in this past year, I have not seen any examples of that.
Councilmember Kagawa: Thank you. Keep up the good work, Chief.
Council Chair Kaneshiro: Councilmember Kuali`i.
Councilmember Kuali`i: Thank you for meeting with me yesterday. I
appreciate your very thorough proposal and I appreciate that it is budget-neutral as
well. This proposal is primarily so that you can promote from within and those
individuals would be interested in the position, because they can basically maintain
their salary. If you are not able to hire from within and you are hiring the Deputy
position from outside, then that would be the one hundred twenty-three thousand
dollar ($123,000) salary, correct? In these executive positions, the Assistant Chief
and the Deputy Chief, when you hire someone new, are they subject to any kind of
probation?
Chief Raybuck: For the record, we met yesterday via
teleconference just like this, social distancing is important in these times. Yes, to
answer your question, which I forgot...
Councilmember Kuali`i: Do they have a probationary period?
Chief Raybuck: Referencing the probationary period...the
Assistant Chiefs' positions are civil service positions that I cannot appoint. Let me
start over. There are civil service positions that I appoint from within, meaning I
choose and I select those from the Captain rank. The Deputy Chief position remains
an appointed position and nothing changes in this resolution, meaning that I can
choose from outside my organization to appoint the Deputy or from within my
organization. What the Salary Resolution did, because what I did not want to do was,
as I referred to earlier, in the introductory scenario where I can hire someone from
the outside who perhaps is making one hundred forty thousand dollars ($140,000) or
so in another police department in the State and bring them here as a deputy and
pay them at the same rate. This was written to incentivize Police Chiefs to select from
within KPD of the best and most suited person for the job and allow them to be
compensated fairly as they have been. Regarding the probation, the appointed
position is essentially always on probation, because the Deputy Chief serves at my
pleasure and so if that person was incompetent or unable to perform their duties, I
have the authority to remove that person from the Deputy Chiefs position.
COUNCIL MEETING 24 MARCH 25, 2020
Councilmember Kuali`i: With your reorganization the one (1)
Assistant Chief is retiring and that position becomes the Business Manager, the other
two (2) Assistant Chiefs, they both have many years of service with KPD?
Chief Raybuck: Yes. One of them has twenty-seven (27) years
of service with KPD. If the Deputy Chiefs position is filled, my new current Assistant
Chief, I will promote the Captain into an Assistant Chiefs position and that person
would likely have at least fifteen (15) or more years in that organization as well.
Councilmember Kuali`i: Okay. So you would not have a newly hired
Assistant Chief that would than become the Deputy Chief, because the ones you have
in place now have been there for many years and with the in-house promotion, it
would have to come from them?
Chief Raybuck: Yes, thank you for making that clear. I could
not bring someone in at an Assistant Chief to pay them the higher rate and then skip
them into a Deputy Chief position. I cannot game the system. The Assistant Chiefs
are promoted from the...
Councilmember Kuali`i: The Captains.
Chief Raybuck: ...they all risen up through the ranks from
police officers, all the way to Assistant Chiefs, so that could not be possible.
Councilmember Kuali`i: Okay, thank you.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: Are you contractually bound or bound by any
means to have to provide overtime, if they are working over forty (40) hours? I know
you said it is based on you approving it, but is it any duration over forty (40) that you
have to approve or can they be working over forty (40) without getting overtime?
Chief Raybuck: Thank you. Another good question. As the
language reads that they would be promoted as if they never left. Assistant Chiefs
are entitled to overtime under civil service on track rule labor laws and so to answer
your question, yes, they would be entitled to overtime in this situation.
Council Chair Kaneshiro: Are there any further questions from the
members? Councilmember Kagawa.
Councilmember Kagawa: In light of the coronavirus dilemma and a lot
of good people now on the unemployment list, are we making a big push to fill a lot of
our vacancies. I think now would be the perfect time. I know you folks are very busy
out there enforcing a lot of new stuff, but I would hate to see us recruit mainland
COUNCIL MEETING 25 MARCH 25, 2020
people who are now looking for jobs too. This is a well-paid job. Hawaii State police
officers are twenty-eighth in the nation of being well paid. Teachers are forty-ninth
in the nation. I do not think they are going to come for teaching jobs, but they might
come for police jobs, because they get paid really well. It would behoove us to not
recruit our local people who are now unemployed that can really make a good salary
if they can pass all the tests that we have for them to be qualified. Are we going to
do a big recruiting push now?
Chief Raybuck: Thank you for starting my recruiting push
right now. Let me give you an update on our numbers. Roughly this time last year, I
think we had twenty-six (26) police officer vacancies. Through the tremendous hard
work of...and I will mention the person by name, Sergeant Darla Nonaka, she has
been working tirelessly to recruit and to conduct backgrounds and to support new
people coming into this organization. Almost solely because of her efforts, we have
dropped from twenty-six (26) vacancies to where we are today at sixteen (16) in less
than eleven months. We have in the hopper now approximately ten (10) to eleven (11)
people, the majority of them are from the State here that could enter the police
academy in July. We have eight (8) in the recruit class today. I anticipate and I hope
that by January, we will have less than double digit vacancies in KPD for
commissioned officers, however, as you pointed out we are hiring and my number one
goal is to hire people from within this community who want to serve this community,
that know this community, and want to make a difference in this community, and so
that is what we are focusing on. My doors are open.
Councilmember Kagawa: You are my Tom Brady.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I was going to follow-up with that. It looks like
we have about twenty some odd positions including Dispatcher, Information
Specialist, IT, Project Coordinators, a number of jobs, so if people are out there
looking for a job...and plenty in the County, too, so come see us. We want you.
Council Chair Kaneshiro: Are there any further questions from the
members? Councilmember Evslin.
Councilmember Evslin: If this were to pass, would the Deputy Chief
of Police be the only Deputy within the County who is eligible for overtime? Do you
know?
Chief Raybuck: I will try to answer that. I cannot speak for
the other departments, however, I suspect the answer is yes.
Council Chair Kaneshiro: Councilmember Kagawa.
Councilmember Kagawa: The other problem I had was, with this
change, would the Deputy be making more than yourself?
Chief Raybuck: Yes.
COUNCIL MEETING 26 MARCH 25, 2020
Councilmember Kagawa: Because I strongly disagree with that. I hope
that you can go back to the Salary Commission and make it at least the same amount
or make the Chief of Police a little higher. Not just for you personally, but for
sustainability for the future, when Tom Brady retires.
Chief Raybuck: Thank you. I hope that our County can find
ways to increase the salaries of all department heads and deputies for that very
reason. I am very well aware of many vacancies throughout our County in those
positions that are critical positions. Thank you for being concerned about my salary.
I am very fortunate and I did not take this job for the money. I have never done this
job for the money, I am just very grateful that I have a job, a job that has never laid
me off and a job that I have never felt some of the pain that our community has. I do
not say that lightly or in any way, but I am very grateful that the community
continues to support government and support our police department. I do not care
that people make more money than me.
Councilmember Kagawa: I just meant that it will be the only
department, Countywide, where the Deputy is going to make more than the actual
head. If this passes, I hope the Salary Commission will come back and adjust your
salary, too, so at least it is the same amount. Thank you.
Council Chair Kaneshiro: Are there any further questions from the
members? Councilmember Evslin.
Councilmember Evslin: This is my last question. As far as process, so
we can accept in whole or in part. We could not possibly amend it to not allow for
overtime? We would have to accept it as-is, correct?
Council Chair Kaneshiro: Matt,you are the legal person, but I would say
I think we would just have to accept it as-is, because usually when we accept in whole
or in part, it is when we have a bunch of different salaries and we are accepting some
salaries, but not others. In this case, I do not see where there is a portion where we
would accept in part. Matt, do you want to chime on that?
Mr. Bracken: The Charter states that the Council may
reject the entire Salary Commission Resolution or any portion of it. Generally,
rejection in the past has always been line items for specific things. In this case, you
are basically rejecting certain language, so I would say they would need it. They say
accept in whole basically how it is laid out. I do not think this microphone is working
very well either.
Council Chair Kaneshiro: Councilmember Evslin, are you okay with his
response? Are there any further questions from the members? If not, I will call this
meeting back to order. Is there any final discussion from the members?
The meeting was called back to order, and proceeded as follows:
COUNCIL MEETING 27 MARCH 25, 2020
Councilmember Kagawa: I want to thank the Chief of Police and KPD.
Ever since the Chief came on, I have seen a lot less... or have not heard complaints.
I heard a lot of positive things coming out of KPD, a lot of positive actions that have
come out of our police department. I feel very safe, our community feels safe, and I
think you have been a big part of why everything has improved here. Thank you for
making a move from Las Vegas. You would have probably had a better chance of
catching the Coronavirus, Chief. I am glad you are here and in charge. I support
what you are doing. You feel the needs of the community and you feel the need to
work with this Council and with the Administration. The solution that you have
makes it easy for me to support. Thank you.
Council Chair Kaneshiro: Councilmember Kuali`i.
Councilmember Kuali`i: I, too, want to say mahalo nut loa. Thank you,
Chief, for doing this. I think it has been a problem for a while, so I am glad that you
found a solution and that you are focusing on promoting from within and that you are
working with Darla to fill vacancies, that is really important. I really appreciate that
your goal is to hire from within our local community. This is easy to support. I am not
worried about the overtime, because we can see that you already improved that and
that you will utilize it when you have to. You have my full support.
Council Chair Kaneshiro: Councilmember Cowden and then
Councilmember Chock.
Councilmember Cowden: You also have my support on this. I think it
sets a really good precedent if this were to help to address some critical problems in
some of the other departments where a deputy is important. I look forward to seeing
how this is implemented and maybe we can consider it for other areas that have a
problem having solid staffing at the top. I know that we exhaust some of our people
in the Engineering Division and other areas, so I feel really good about this proposal.
I look forward to getting the matrix study back that you have been working on to see
how similar things can happen down the rest of the department. I want to thank KPD
in general for all of the work that they are doing right now on the front-edge of this
time when there is a lot of stress in the community as a result and the anxiety about
the Coronavirus, let alone the risks relative to the Coronavirus. Thank you for both
efforts.
Councilmember Chock: Chief, thank you again for the presentation.
You have my support on this measure. Thank you for thinking outside-of-the-box as
our County Attorney has to address the inversion issue that we have been
experiencing for many years. I, too, would like to see if possible some of the other
departments that are experiencing this take a look at how you have done this to make
it work for all of us. My last comment is that I also like the Salary Commission's
approach to these resolutions this year. I know that they have decided to not address
the whole and I think the broad approach is problematic for us as a Council, so it
would be nice to actually approach...taking it by pieces every year. That is my only
suggestion. Thank you.
Council Chair Kaneshiro: Councilmember Evslin.
COUNCIL MEETING 28 MARCH 25, 2020
Councilmember Evslin: Chief, thank you for coming. I will be
supporting this. I would say that I am not as full-throttled with my support as the
others. I do think inversion is one of the biggest problems we have here in ensuring
that leadership is coming from within or are the most qualified people available. I do
really appreciate your creativity and the Salary Commission's creativity in coming
up with this. I think it certainly works in this situation, because you figured out a
way to make it revenue-neutral by using a position. I think it is somewhat of a
no-brainer to support this for you. My concerns with it are two-fold. One, I do have
a deep concern about allowing overtime for our top positions. I see department heads
and deputies the same as managers in companies. They should be expected to do the
job that there is without expectation of overtime or without having to clock in if there
is an emergency at 9:00 p.m. that they have to take care of. I do think that allowing
this for you is going to set a precedent for every other department in some fashion to
allow it also. I am, similar to the County Attorney's proposal, concerned about how
this plays out in the future with other departments. I want to say strongly that,
again, this works because you were able to keep it revenue-neutral. You are changing
a position out there to make it a civilian position so that it remains revenue-neutral.
I think other departments that are looking to do something similar can hopefully be
creative in the same type of way. Lastly, certainly with you at the helm, I am not
concerned about you letting overtime get out of control. As it is well-known, you are
doing a great job as Chief. We are making a decision here that could last, and should
last forever. Who knows in the future how this decision could potentially be abused
in ways that we would not want to see. I support it for this particular circumstance;
I support other departments looking at other creative ways to try and fix...or the
Salary Commission to fix inversion and I am interested to see how this works for you
as our new prototype here. As the first to get it, if this works wonders for you then
great, we should definitely look at this for others. Thank you again for your creativity
in coming up with this.
Council Chair Kaneshiro: Thank you. Anyone else? I will be voting in
favor of this resolution. I appreciate the Chief of Police being fiscally responsible. He
gave us a good, clear plan of how he envisions his Department looking and why he is
doing what he is doing. If we are worried about overtime, all of the responsibility is
going to fall upon Chief Raybuck's shoulders as far as overtime being out of control.
I think he is very aware about maintaining overtime and keeping it minimal. He is
taking this step knowing that everyone is going to be watching the overtime for the
Deputy Chief of Police. I am confident that he is going to be cognizant of it and he is
going to manage the Department a lot better with this situation. I will be voting in
favor. Any final comments? Councilmember Cowden.
Councilmember Cowden: I appreciate some of the issues that have been
brought up. I think by approving this for now and letting it have a little room for it
to be expressed, it does not preempt a secondary adjustment coming out in the year
to where there is a good, permanent structure. It does seem inaccurate for the Chief
of Police to be paid less than the Deputy Chief of Police. We have a little challenge
with that. The issues relative to overtime can be perhaps discussed and adapted
there as well. I think for right now, this is a good step.
COUNCIL MEETING 29 MARCH 25, 2020
Council Chair Kaneshiro: I just want to add that inversion is real in the
County. It is not just between the Deputy Chief of Police and the Chief of Police.
Right now, the Assistant Chiefs of Police, which are not even the Deputy Chief of
Police or Chief of Police, are getting paid higher than the Chief of Police. We need to
be careful that if the Salary Commission is going to come back and is going to try and
address inversion, we may see a large jump. No matter what department you look
at, there will be inversion. The Chief of Police and Deputy Chief of Police are probably
not the highest paid employees in that Department. If we are looking at inversion
with the Chief of Police and Deputy Chief of Police, we may have to look one step
lower to see that there is major inversion in that Department. The same can be said
for the Fire Department and other departments. We just need to be aware of that.
Councilmember Cowden: Okay.
Council Chair Kaneshiro: With that, the motion on the floor is to Receive
for the Record. Ultimately, that means we will be approving this Salary Commission
Resolution. It takes four (4)votes to approve. An aye vote is to Receive for the Record,
which is an approval of this Resolution.
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: With that, roll call vote.
The motion to receive Salary Commission Resolution No. 2020-2 for the record
was then put and carried by the following vote:
FOR RECEIPT: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 6,
AGAINST RECEIPT: None TOTAL — 0,
EXCUSED & NOT VOTING: Brun TOTAL — 1*,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Can we go back to page five (5), C 2020-102.
There being no objections, C 2020-102 was taken out of order.
Council Chair Kaneshiro: Thank you Chief Raybuck. You are good to
go.
Councilmember Kuali`i: Thank you.
C 2020-102 Communication (03/13/2020) from the Mayor, transmitting his
Fiscal Year 2020-2021 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 2020-102 for the record, seconded by
Councilmember Cowden.
COUNCIL MEETING 30 MARCH 25, 2020
Council Chair Kaneshiro: Any discussion on this from the members?
Again, this is just the communication.
(No written testimony was received on this agenda item.)
The motion to receive C 2020-102 for the record was then put, and carried by
a vote of 6:0:1*.
Council Chair Kaneshiro: Motion is carried.
C 2020-103 Communication (03/13/2020) from the Mayor, transmitting for
Council consideration, the following revenue bills related to Administration's Fiscal
Year 2020-2021 March Budget Submittal:
• A Bill For An Ordinance Amending Chapter 5, Kaua`i County Code 1987,
As Amended, Relating To Motor Vehicles Certificate Of Ownership And
Registration Fees;
• A Bill For An Ordinance Amending Chapter 19, Section 19-1.9, Kauai
County Code 1987, As Amended, Relating To Schedule Of Fees And
Deposits;
• A Bill For An Ordinance Amending Chapter 19, Kaua`i County Code 1987,
As Amended, Relating To Camping On County Parks And Properties;
• A Bill For An Ordinance Amending Chapter 19, Section 19-3.2, Kauai
County Code 1987, As Amended, Relating To Playing Fees;
• A Bill For An Ordinance Amending Chapter 19, Section 19-4.6, Kauai
County Code 1987, As Amended, Relating To Fees;
• A Bill For An Ordinance Amending Chapter 21, Section 21-9.1, Kauai
County Code 1987, As Amended, Relating To Integrated Solid Waste
Management;
• A Bill For An Ordinance Amending Subsection (a) Of Section 21-9.2,
Kauai County Code 1987, As Amended, Relating To Integrated Solid
Waste Management; and
• A Bill For An Ordinance Amending Subsections Of Section 25-11.1,
25-12.1, 25-13.4 And 25-13.9, Of The Kauai County Code 1987, Relating
To Sewers.
Councilmember Chock moved to receive C 2020-103 for the record, seconded
by Councilmember Kuali`i.
Council Chair Kaneshiro: Again, this is just the communication. We did
receive information from the Office of the Mayor on wanting to receive all of the
revenue enhancement proposals. That will be forthcoming.
(No written testimony was received on this agenda item.)
The motion to receive C 2020-103 for the record was then put, and carried by
a vote of 6:0:1*.
Council Chair Kaneshiro: Motion is carried. Next item please.
COUNCIL MEETING 31 MARCH 25, 2020
RESOLUTIONS:
Resolution No. 2020-16 — RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021
FOR THE COUNTY OF KAUA`I: Councilmember Kagawa moved that Resolution
No. 2020-16 be ordered to print, that a public hearing thereon be scheduled for
May 13, 2020 at 5:00 p.m., and that said Resolution be referred to the Committee of
the Whole, seconded by Councilmember Kuali`i.
Council Chair Kaneshiro: Any discussion from the members on this?
Again, if things change, we might have to change the time on the public hearing. As
of right now, it is outside of the timeframe for allowing the public to be present.
Hopefully by this time, we will be able to allow the public to come in to testify. We
will just have to wait and see. The public will not be able to be present until at least
April 30, 2020. Councilmember Kagawa.
Councilmember Kagawa: Chair, I am thinking about the time of
5:00 p.m. We always held it at 5:00 p.m. so that people could show up. I do not think
by May 13, 2020 we will... I do not have a crystal ball. I did not have one for Mayor
Kawakami last week. I do not think the public is going to be attending meetings by
May 13, 2020. Why can we not just schedule it for 9:00 a.m. at this point, or at
8:30 a.m. and we can do it online. People can watch online and they can comment
prior if they want to. I just think that if we set it up at 5:00 p.m., then you force
overtime situations. We have our staff working from home. I would like to see us
know that it is happening and be realistic about it. We should schedule it for a
realistic time. We should schedule it for an appropriate time that does not force
overtime on our County coffers at this time.
Council Chair Kaneshiro: The reason that we schedule it for 5:00 p.m. is
in anticipation that everything is back to normal and people are working. It allows
the public an opportunity to come in after their workday to testify. If things are still
the same, then no one will be able to come in anyway. I suggest we still leave it at
5:00 p.m. It is assuming that everything will be back to normal again. We have
always had it traditionally at 5:00 p.m. so that people can come after work. This is
with the thought that things will return back to normal. If things are not normal, we
will probably not even have the opportunity at 5:00 p.m. and we would just take
written testimony from the public.
Councilmember Kagawa: I am just making the assumption that it is not
going to be normal.
Council Chair Kaneshiro: If things are not normal, then we probably
would not have a time at all like some of the other items that are within April. People
just have to send in written testimony.
COUNCIL MEETING 32 MARCH 25, 2020
Councilmember Kagawa: Can I amend the motion to take out the time?
Council Chair Kaneshiro: I would say as of right now, based on the rules
that are set, I think we leave the time in and then if there is another emergency
proclamation, we can take the time out. Right now, it is outside of the proclamation
end date.
Councilmember Kagawa: Okay.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I would just like to make it clear for the public
that when I look at this Resolution, it basically keeps all of the existing real property
tax rates as-is, with the exception of the Residential Investor tax rate. Can we tell
the public that?
Council Chair Kaneshiro: I believe...is the Residential Investor proposal
in this one?
Councilmember Cowden: The Residential Investor tax rate is being
proposed to change from nine dollars and forty cents ($9.40) from a previous rate of
eight dollars and five cents ($8.05). This is non-resident owners for properties
assessed over two million dollars ($2,000,000). This would be raising their tax rate
by one dollar and thirty-five cents ($1.35) per thousand of assessed value. The other
tax rates will be staying consistent, as-is.
Council Chair Kaneshiro: We do have the bill for that Residential
Investor that will be coming up also? This is the Resolution for it. I am sorry.
Councilmember Cowden: I want people to be clear what we are talking
about.
Council Chair Kaneshiro: I am sorry.
Councilmember Cowden: Those are people who do not live in their
house.
Council Chair Kaneshiro: I am sorry, this is the Resolution for that
increase in the Residential Investor tax rate. Councilmember Kagawa.
Councilmember Kagawa: I would just like to add that when you do that,
on the outside looking in, it seems like it is good that we are taxing the people that
can afford it. You are making an assumption. What you are also doing is you are
continuing to drive prices away from local people should it fall back into the market.
COUNCIL MEETING 33 MARCH 25, 2020
The question is, is the current rate of eight dollars and five cents ($8.05) high enough
or sufficient enough at this time with the Coronavirus hitting us and do we want to
add anything right now? That will be the Council's decision at that point. I am just
saying that a lot of times these types of proposals look good from the outside looking
in. We are making that assumption. However, long-term, we are driving the prices
away. Everything attached to it will be driven away from local people. We hope that
at some point it falls back into our hands. Thank you.
Councilmember Cowden: I would like to follow up on that thought. The
other collateral damage with a strategy like this is when the County makes their best
money on these high-end houses, it makes us dependent on having more high-end
houses. I think Po`ipu and the North Shore are somewhat the collateral damage of
this strategy. We approve a lot of really expenses houses. It is a complicated situation
and it is good for everyone to pay attention to this. I did not want to pass through
this Resolution without people being aware of what is the most important element
being there for them. The least expensive is the Homestead tax rate at three dollars
and five cents ($3.05). Next to that is the Commercialized Home Use tax rate, which
is for people who live in their homes and have a home-based business, at five dollars
and five cents ($5.05).
Council Chair Kaneshiro: Any other questions or comments?
Councilmember Evslin.
Councilmember Evslin: Just a quick comment on the Residential
Investor tax class and mainly this is for the benefit of the public. It really is only
supposed to be for vacant homes over two million dollars ($2,000,000). If you own a
home over that amount and there is a long-term renter in there, then you have the
ability to go to Real Property Tax Assessment or call to make an appointment, show
them a lease agreement, and you will be taxed at the Residential tax rate. I think
that there are houses out there that are falling into the Residential Investor category
that people are not aware that they could get out of that rate if there is a tenant in
the house. I also want to...I support increasing it. I think it is important to raise it
as a way to disincentivize vacant home ownership or increase the costs of owning it.
Our property taxes here are a fraction of what they are on the mainland. The cost of
"sitting on" or holding a property with no one in it is relatively cheap here, compared
to the mainland. These properties are increasing values rapidly, maybe not this year,
but in general. They are a great investment for someone to just park it empty. There
should be an extra surcharge to have that house be empty. My one concern is that
the way that the Residential Investor tax class is setup right now, is that if you go
from one million nine hundred ninety-nine thousand nine hundred ninety-nine
dollars ($1,999,999) to two million dollars ($2,000,000), your property taxes go up by
thirty percent (30%). They are jumping from the Residential tax rate at six dollars
and five cents ($6.05) to the proposed Residential Investor tax rate of nine dollars and
forty cents ($9.40). Ideally, we would have something that would just tax the amount
COUNCIL MEETING 34 MARCH 25, 2020
over two million dollars ($2,000,000). Instead of a massive jump when your
assessment goes up, you would get taxed only on the overage. This would be similar
to how an income tax works. In talking to Real Property Tax Assessment, they are
supportive of the idea, but there are major software barriers that will be really
expensive to implement. I do hope at some point in the future, we can get that
software problem addressed so that we can just tax on the overage, then the tax can
be even higher then. I do support this, I just wanted to clarify that for the public.
Council Chair Kaneshiro: Anyone else? Councilmember Chock, then
Councilmember Kagawa. Councilmember Chock, we cannot hear you.
Councilmember Kagawa: Your microphone.
Councilmember Chock: Sorry about that. I just wanted to get a
clarification on that statement from Councilmember Evslin. I know that the
Department of Finance was working on a measure that would be able to scaffold the
approach for the Residential Investor tax rate. Are you saying that that measure is
on hold and we cannot move forward on it because of software challenges?
Councilmember Evslin: If that was a question to me, my
understanding is that I think that we are looking to change the value of the two
million dollar ($2,000,000) point of modifying that. I do not believe they were looking
at just changing it to the amount over that. I think it is a hope for the future. I have
not heard anything about that happening soon.
Councilmember Chock: Thank you for clarifying that. I think I
support this and the direction that this proposal goes with the same concerns that
everyone else has voiced. If we are going to take a big jump, and we do not pay
attention to it, it could potentially push them out of their homes as well. These are
second homes of course, but I am hopeful that the Department of Finance can take a
look at these concerns and move expediently on it. Thank you.
Council Chair Kaneshiro: Councilmember Kagawa.
Councilmember Kagawa: I am going to disagree with both of you right
now. I have not seen what we need the extra money for. If it is an opportunity to
generate additional revenue, then fine. If we do not need the money, then let us save
the ability for a later date. We have a crisis going on. Every action we take has a
different reaction out there. Just taxing for the sake of taxing is really not a good
way to operate a business. You drive market prices further and further away. It has
long-term damaging effects. If we need the money to pay for increased retirement
obligations, then what is this Kawakami Administration doing differently from the
Carvalho Administration to curb spiking and those bad habits? I want to hear from
the Administration—what do you need this extra money for and how much is this
COUNCIL MEETING 35 MARCH 25, 2020
going to bring in? When I get those answers, maybe I can support it. To hit a specific
cost item that we cannot control, then okay. But I have not heard that yet. I guess
those are my questions for the Administration.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I appreciate that we are having a robust
discussion on this, because I think it is a critically important topic. I can think of a
lot of things that we need the money for. I looked at our budget and saw how things
continue to just increase. When I look at putting a"penalty,"basically, on Residential
Investor homes, a goal would be to discourage parking the money over here and
buying up houses, even sight-unseen, to have an investment that holds onto capital
that can at least be improved. I look forward to exploring it. I think we need to look
carefully and I am in agreement that we do not want to recklessly approve something
of this nature. It is a comfortable direction for me. I think it would be a mistake to
raise any of the other rates, because we are all coming in to a very difficult time. If
we could change things to where when a property sells, then the next tax rate would
be appropriate to the new use, I think that would remove Council Vice Chair
Kagawa's concern. When the tax rate goes up so much, then someone who may have
a hope of buying those houses, would not be priced out by that high tax in terms of
qualifying for a loan.
Council Chair Kaneshiro: Councilmember Chock, then Councilmember
Evslin.
Councilmember Chock: I just wanted to confirm...according to the
submitted budget, the funds that are being generated are going to the Housing Fund.
That is as far as what is being presented right now. There is a direction to where
those funds are going. I am just as concerned as Council Vice Chair Kagawa is in
terms of should we be raising, especially in light of the situation, this or any tax rate.
I just wanted to point that out to the body.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: I just briefly want to address Councilmember
Kagawa's question about the cost of housing.
Council Chair Kaneshiro: Councilmember Evslin, you are coming across
with a lot of static. There you go.
Councilmember Evslin: Can you hear me?
Council Chair Kaneshiro: We could not hear you earlier with all of the
static. We can hear you now.
COUNCIL MEETING 36 MARCH 25, 2020
Councilmember Evslin: Sorry. To address Councilmember Kagawa's
concern that this will increase the cost of housing, we have something like twenty-five
percent (25%) of our housing units on Kauai either sitting vacant or vacation rentals.
When you take that huge chunk out of resident-occupied housing, that increases the
cost of housing for resident homes. Anything that we can do to discourage, in my
opinion, vacant homeownership or vacation rentals, should drive more units into the
residential market. In my opinion, if someone still wants to own a high-valued house
and keep it totally vacant, then they still should be contributing to our affordable
housing development fund as this money was going to. Especially coming up in this
time of need, residents are going to need even more help with their housing costs.
Even if that money does get redirected because of our collapsing general excise (G.E.)
tax revenue, transient accommodations tax (TAT) reimbursements, or falling
property values, it is still important that we try to disincentivize that practice. As
long as you live in your house, you will stay at Homestead. If you are long-term
renting it, you will go to Residential. It is only entirely truly vacant homes.
Council Chair Kaneshiro: Councilmember Kuali`i.
Councilmember Kuali`i: I will just piggyback on what the two (2)
Councilmembers online said. I appreciate the Mayor taking this action. We have
been talking about affordable housing for a long time. It is important that we start
putting some money behind that and making sure that we take action. This is one
way of taking action.
Council Chair Kaneshiro: Anyone else?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: Roll call vote.
The motion that Resolution No. 2020-16 be ordered to print, that a public
hearing thereon be scheduled for May 13, 2020 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: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL— 6**,
AGAINST MOTION: None TOTAL — 0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL — 0.
(**Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai,
Councilmember Kagawa was noted as silent, but shall be recorded as an affirmative
for the motion.)
COUNCIL MEETING 37 MARCH 25, 2020
Council Chair Kaneshiro: Next item.
Resolution No. 2020-17 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT 'TO THE PLANNING COMMISSION (Helen A. Cox):
Councilmember Kuali`i moved for adoption of Resolution No. 2020-17, seconded by
Councilmember Kagawa.
Council Chair Kaneshiro: Any comments on this appointment?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion for adoption of Resolution No. 2020-17 was then put, and carried
by the following vote:
FOR ADOPTION: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL— 6,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: Brun TOTAL — 1*,
RECUSED & NOT VOTING: None TOTAL — 0.
SCOTT K. SATO, Deputy County Clerk: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2020-18 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Francis Paul DeGracia, Jr.):
Councilmember Kuali`i moved for adoption of Resolution No. 2020-18, seconded by
Councilmember Kagawa.
Council Chair Kaneshiro: Any comments from the members?
Councilmember Kagawa.
Councilmember Kagawa: I want to commend the Office of Boards and
Commissions for these two (2) members, Helen and Francis. They are "fresh blood"
that I asked for and they are very qualified. I really think they are going to help this
body. I said it before and I will say it again, besides the Kauai County Council,
although it is a non-elected office, the Planning Commission is the most important
board or commission on Kauai. We really need good people on there. I think these
two (2) are really going to lead to a well-balanced Planning Commission that
hopefully will continue to do good work for us. Thank you.
Council Chair Kaneshiro: Anyone else? Councilmember Chock.
COUNCIL MEETING 38 MARCH 25, 2020
Councilmember Chock: Thank you. I also wanted to thank the Office
of Boards and Commissions for filling these positions. I just want to reiterate that
there are two (2) Council-appointed vacancies within the Public Access, Open Space,
Natural Resources Preservation Fund Commission. If we can get them whole, that
would be great so that we can get some work done in that Commission as well. Thank
you.
Council Chair Kaneshiro: Anyone else?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion for adoption of Resolution No. 2020-18 was then put, and carried
by the following vote:
FOR ADOPTION: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL— 6,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun TOTAL — 1*,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: With that, we will take a ten (10) minute
caption break and we will be back.
There being no objections, the meeting recessed at 10:21 a.m.
The meeting reconvened at 10:33 a.m., and proceeded as follows:
Council Chair Kaneshiro: Welcome back. Clerk, could you please read
the next item?
Ms. Fountain-Tanigawa: We are on page six.
Resolution No. 2020-19 — RESOLUTION AUTHORIZING THE FILING OF
THE KAUA`I COUNTY 2020 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED: Councilmember
Kuali`i moved for adoption of Resolution No. 2020-19, seconded by Councilmember
Kagawa.
COUNCIL MEETING 39 MARCH 25, 2020
Council Chair Kaneshiro: Any discussion from the members on this
item? Councilmember Kuali`i.
Councilmember Kuali`i: Just a quick thank you to the Housing
Agency. This is the Community Development Block Grant (CDBG) moneys and it is
very important every year for us.
Council Chair Kaneshiro: Anyone else? Councilmember Cowden.
Councilmember Cowden: I just want to add to that. They do a great job
and it is really appreciated that we are able to get these grants.
Council Chair Kaneshiro: I will be voting in favor of this. Based on the
projects that we are going to be funding, it shows how important and essential CDBG
funds are. It is always on the chopping block when it comes to Federal funding. If
they actually look at the impact that it makes on our community, the projects that
we are funding with this money are very important to us. I think it is almost an
essential source of funding to get our projects going and help maintain a lot of the
projects that help the community. Anyone else?
Councilmember Kuali`i: Your comment about it being on the chopping
block...the President's budget took out CDBG and HOME Investment Partnership
Program (HOME) funding. I am thankful to our delegation in Washington D.C. and
to Congress for fighting to make sure this funding continues.
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: With that, roll call vote.
The motion for adoption of Resolution No. 2020-19 was then put, and carried
by the following vote:
FOR ADOPTION: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL— 6,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: Brun TOTAL — 1*,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Resolution No. 2020-20 — RESOLUTION AUTHORIZING THE FILING OF
THE KAUA`I COUNTY 2020 ACTION PLAN (HOME INVESTMENT
PARTNERSHIP PROGRAM) WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT (PUBLIC LAW 101-625), AS AMENDED: Councilmember Kuali`i
moved for adoption of Resolution No. 2020-20, seconded by Councilmember Kagawa.
COUNCIL MEETING 40 MARCH 25, 2020
Council Chair Kaneshiro: Any discussion from the members?
Councilmember Kuali`i: The same, thank you. These are the HOME
funds, like CDBG.
Council Chair Kaneshiro: Anyone else?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion for adoption of Resolution No. 2020-20 was then put, and carried
by the following vote:
FOR ADOPTION: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 6,
AGAINST ADOPTION: None TOTAL — 0,
EXCUSED & NOT VOTING: Brun TOTAL — 1*,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Resolution No. 2020-21 — RESOLUTION AMENDING RESOLUTION NO.
2019-03 RELATING TO THE APPOINTMENT OF THE CHAIRPERSONS, VICE
CHAIRPERSONS, AND MEMBERS OF THE SEVERAL STANDING
COMMITTEES OF THE COUNCIL OF THE COUNTY OF KAUA`I: Councilmember
Kuali`i moved for adoption of Resolution No. 2020-21, seconded by Councilmember
Cowden.
Council Chair Kaneshiro: For the public's information, with the
situation involving Councilmember Brun, we are proposing this Resolution to take
him off all of the committees and make him an ex-officio member. For any committee
that he is on, he is now an ex-officio member on it. The Councilmember that was an
ex-officio member on a committee will now become a member of that committee.
When we originally set up the committees, we try to have everyone serve equally.
This includes the chairperson of each committee. We try to have each member chair
a committee. We try to have everyone serve as vice chair of a committee. That would
leave one (1) member as an ex-officio member along with me. In this situation, with
Councilmember Brun not being present, we decided that every vote is important and
modified the committees in this fashion. Any comments from the members?
Councilmember Kagawa.
COUNCIL MEETING 41 MARCH 25, 2020
Councilmember Kagawa: I want to thank the Chair for this proactive
measure. We are obviously going to be working with six (6) members for a while. I
do not have a crystal ball, but this is a proactive measure to allow us to function as
best as possible under the circumstances. I talked to an irate member of the public
who questioned our lack of response in handling this situation better. He asked how
we could continue to allow him to participate on the Council and allowing him to
receive his paycheck when he is not here. I understand that frustration. For better
or worse, our United States Constitution has the Fifth Amendment that prevents us
from taking action, or I believe we would be headed for an immediate lawsuit should
we have done that type of action at this Council level. I think this is the best we can
do at this time. Should he resign, we can obviously function with seven (7) members.
I just want to reiterate that the six (6) of us can do the best job possible under the
circumstances. I think we have a solid Council. We agree and we disagree on various
issues. I believe we have a strong body that can continue to make good decisions. We
have tough times coming up and we need to be even stronger to ensure that we are
the checks and balances that the County needs at this time. We need to ensure that
we do not waste taxpayer moneys and get the job done. Thank you.
Council Chair Kaneshiro: Anyone else? Councilmember Cowden.
Councilmember Cowden: I just want to thank the community for their
patience with this very difficult situation. It is hard for us as a Council, as it is hard
for the people. We have to follow the Charter and that is why it is such a difficult
situation to be in. We understand the frustration for the general public, but we thank
you for your patience. I am in agreement with Council Vice Chair Kagawa that we
are all committed to working together and have this not be a difficult impact in terms
of the functioning of the Council.
Council Chair Kaneshiro: Anyone else? If not, I have all the confidence
in the world that the six (6) members here will still be able to function properly and
get the work done. Obviously, if there is a bill that comes up that might be split, then
maybe it is a bill that needs to wait for another time when there are seven (7)
members. I think if anything important needs to get done, I have the confidence that
the six (6) remaining Councilmembers will be able to get it done through the rest of
the term. Councilmember Chock did you have a comment?
Councilmember Chock: I just wanted to reiterate something, and I
think I heard it from our fellow Councilmembers...for the public who has pleaded and
banged on the table about the Council taking action, it is something that we take
seriously and we have looked into it. It is problematic from our seats on how we can
address it and we are very limited in being able to take action. There are mechanisms
if the public so wishes through their own means. The electorate can take action and
that is what I have been directing them to do. I told them to look at what the Charter
has to say. I think everyone on our Council wants to do the best that we can and also
serve the public's requests. In this case we are very limited and if we did do
something, we would put ourselves up for possible litigation if we are not careful, as
it relates to this item.
COUNCIL MEETING 42 MARCH 25, 2020
Council Chair Kaneshiro: Anyone else?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion for adoption of Resolution No. 2020-21 was then put, and carried
by the following vote:
FOR ADOPTION: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 6,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL — 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Resolution No. 2020-22 — RESOLUTION AMENDING RESOLUTION NO.
2019-02 RELATING TO THE RULES OF THE COUNCIL OF THE COUNTY OF
KAUA`I FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION
OF BUSINESS: Councilmember Kuali`i moved for adoption of Resolution
No. 2020-22, seconded by Councilmember Kagawa.
Council Chair Kaneshiro: This Resolution is needed to fix our Council
Rules to be consistent with our Standing Committees. It is saying that our
Committee of the Whole will be able to have six (6) members and one (1) ex-officio
member, which is consistent with what we have done with all of our other committees.
Any comments from the members? Councilmember Kagawa.
Councilmember Kagawa: The only major change is that Councilmember
Evslin has been willing to take on the Chair of the Parks & Recreation /
Transportation Committee in place of Councilmember Brun. Other than that...and
all members will always be participating. I am happy that we made the change. We
will have it so that the Parks & Recreation / Transportation Committee can function
without having the Vice Chair run the meetings with only three (3) other voting
members present. You could end up in a two-to-two (2:2) tie. This will ensure we
have at least five (5) voting members on every committee. Thank you.
Council Chair Kaneshiro: Anyone else?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: Roll call vote.
COUNCIL MEETING 43 MARCH 25, 2020
The motion for adoption of Resolution No. 2020-22 was then put, and carried
by the following vote:
FOR ADOPTION: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 6,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Proposed Draft Bill (No. 2779)—A BILL FOR AN ORDINANCE RELATING TO
THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2020 TO JUNE 30, 2021 (Fiscal Year 2020-2021 Operating Budget):
Councilmember Kuali`i moved for passage of Proposed Draft Bill (No. 2779) on first
reading, that it be ordered to print, that a public hearing thereon be scheduled for
May 13, 2020 at 5:00 p.m., and it be referred to the Committee of the Whole, seconded
by Councilmember Cowden.
Council Chair Kaneshiro: Any questions or comments on this? Again,
this is the full Operating Budget. Again, the plan right now is that we will be having
a meeting on Friday. The Mayor will be able to state the current fiscal condition of
the County and the changes that will happen in the upcoming Supplemental Budget
Communication. We will be able to state our comments about how we are going to
move forward as a Council regarding the budget proceedings. Ultimately, we will be
canceling our Departmental Budget Review meetings. We have all of the Budget
Presentations and we have the budget at-hand. It will be up to the Councilmembers
to submit questions to the Administration. We are leaving the Budget Call-Back
dates open just in case we have any leftover questions that still need answers prior
to the Supplemental Budget Communication. We are going to be trying to work as
best as we can with the limited resources that we and the Administration have at
this time. We are just trying to get through this difficult situation right now, with all
of the unforeseen circumstances we are facing with the COVID-19 virus.
Councilmember Cowden.
Councilmember Cowden: When you are talking about Friday, are you
talking about this Friday?
Council Chair Kaneshiro: This Friday is the first budget meeting that
we are supposed to have.
Councilmember Cowden: Okay, at 9:00 a.m. and we will be here?
COUNCIL MEETING 44 MARCH 25, 2020
Council Chair Kaneshiro: Correct. We will not be going through any
departmental budgets. We will be taking the Mayor's statement on the budget and
my statement on the budget.
Councilmember Cowden: Just for clarity, we are moving it out because
we have had this profound change in the global economy, the national economy, and
our own expectations. We are maintaining our social distance for this next month
and we anticipate quite a bit of economic changes from the original design that
happened prior to...really, this accelerated things so much with the COVID-19
concerns. Do I have that understanding correct?
Council Chair Kaneshiro: You are correct. Just for everyone's reference,
in the past, the ordinary way that we do it, we would have Departmental Budget
Review meetings every day. For almost three (3) weeks straight, we have all the
departments do their budget presentations and we ask them questions. In order to
follow social distancing and to be cognizant of the other issues that the
Administration is having to deal with right now, including limited resources having
to deal with the virus, the Council is taking it upon ourselves to say, "We have the
presentations and we will review it. We have the budget and we will review it." We
will be E-mailing questions over rather than have the Administration be available for
three (3) weeks straight to answer our questions and do their presentations. I think
we are being cognizant of their needs and we are looking at our capabilities as to what
we can do. I think we will still be able to make this budget work. Obviously the
budget is going to change. There are going to be huge numbers like G.E. tax estimates
which are going to be way off. It will most definitely need to be changed. There are
going to be big budget ramifications. We were submitted a budget prior to all of this
happening. We do get a Supplemental Budget Communication, which can change.
We are expecting a lot of changes within that Supplemental Budget Communication,
based on our current situation here. We will be asking questions on the March
submittal, knowing that there are going to be major changes in the Supplemental
Budget Communication.
Councilmember Cowden: So we will be asking those questions on
Friday?
Council Chair Kaneshiro: We will be asking those questions throughout
the weeks ahead.
Councilmember Cowden: Okay.
Council Chair Kaneshiro: Anyone else? Questions on the process?
(No written testimony was received on this agenda item.)
COUNCIL MEETING 45 MARCH 25, 2020
Council Chair Kaneshiro: If not, roll call vote.
The motion for passage of Proposed Draft Bill (No. 2779) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
May 13, 2020 at 5:00 p.m., and referred to the Committee of the Whole was
then put, and carried by the following vote:
FOR PASSAGE: Chock, Cowden, Evshn, Kagawa,
Kuali`i, Kaneshiro TOTAL—6,
AGAINST PASSAGE: None TOTAL-0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Proposed Draft Bill (No. 2780)—A BILL FOR AN ORDINANCE RELATING TO
CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2020 TO JUNE 30, 2021 (Fiscal Year 2020-2021 CIP Budget): Councilmember
Kuali`i moved for passage of Proposed Draft Bill (No. 2780) on first reading, that it
be ordered to print, that a public hearing thereon be scheduled for May 13, 2020 at
5:00 p.m., and it be referred to the Committee of the Whole, seconded by
Councilmember Kagawa.
Council Chair Kaneshiro: This is just the Capital Improvement
Projects (CIP) Budget that goes along with the Operating Budget. Any comments
from the members? Councilmember Kagawa.
Councilmember Kagawa: Thank you. I would hope that with the CIP
Budget and with the G.E. tax surcharge that we have, approximately ten million
dollars ($10,000,000) per year to pave roads, fix bridges, and what have you, along
with the ability to supplement some of our other costs relating to transportation, I
would hope that this virus...yes it is affecting our way of life...everyone is telling me
how there is less traffic on the road...you have places like Koloa Road which are really
bad...now would be a good time for the Administration to rethink some of their
priorities and do those jobs as soon as possible. Spend that money. One of the
exemptions for the Governor's demand on the public is that construction projects will
continue to be worked on. He considers CIP improvements relating to infrastructure
as essential. I believe now would be the perfect time to help fill the need for those
who are unemployed to possibly help in those areas. Let us fix as many roads and
bridges as we can, especially those that are in real bad shape. That would be a great
benefit to the public when things return to normalcy. I would hope that we are really
aggressive with our Public Works tasks and get contracts out to our private
contractors. Spend that money. That is what it is meant for. We were told by Lyle
Tabata when he was the Deputy County Engineer, the reason the roads are in bad
shape was because the County did not have the money to pave them. Now you have
the money. Now you may have a little less than before, but I am not seeing it. I am
COUNCIL MEETING 46 MARCH 25, 2020
only seeing Rice Street improvements. When we want to do something, the
Administration can do it. They have shown it with the Transportation Investment
Generating Economic Recovery (TIGER) grant. Now, let us do it elsewhere with our
normal infrastructure projects that are in bad shape. Thank you.
Council Chair Kaneshiro: Anyone else?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion for passage of Proposed Draft Bill (No. 2780) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
May 13, 2020 at 5:00 p.m., and referred to the Committee of the Whole was
then put, and carried by the following vote:
FOR PASSAGE: Chock, Cowden, Evslin, Kagawa,
Kuah'i, Kaneshiro TOTAL— 6,
AGAINST PASSAGE: None TOTAL—0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Proposed Draft Bill (No. 2781) — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMMERCIAL ZONING DISTRICT OF THE COMPREHENSIVE ZONING
ORDINANCE TO IMPLEMENT THE 2018 GENERAL PLAN UPDATE (County of
Kaua`i Planning Department, Applicant) (ZA-2020-6): Councilmember Kuali`i moved
for passage of Proposed Draft Bill (No. 2780) on first reading, that it be ordered to
print, that a public hearing thereon be scheduled for April 22, 2020, and it be referred
to the Planning Committee, seconded by Councilmember Kagawa.
Council Chair Kaneshiro: Any comments or questions from the Council?
Councilmember Cowden.
Councilmember Cowden: Just for the edification of the people
watching—and Councilmember Chock, please correct me if I am wrong—the main
element here is putting residential dwellings, attached or detached, or multi-family
dwellings, in commercial districts without requiring a public hearing. Their permit
would be a fast-go. Is that correct?
Councilmember Chock: Yes; if I may, the Proposed Draft Bill is really
in alignment with the General Plan to increase mixed-use and support form-based
code. You are correct, Councilmember Cowden. This would eliminate some of the
process in order to increase residential development in commercial spaces.
COUNCIL MEETING 47 MARCH 25, 2020
Council Chair Kaneshiro: I feel that this is a no-brainer. That is the
kind of look that we are looking for. It is multi-family dwellings within the
commercial-zoned districts. You probably have mixed-use where you have
commercial on the bottom and residential on the top. This is just being in alignment
with being able to do that.
Councilmember Cowden: If I could make a comment. I am really in
favor of this. It is a good direction when there are known mixed-use and known
multi-family dwellings. We are seeing in this time of crisis, the tension rising in the
neighborhoods. When we have a little bit of reckless or...density being added...what
I am seeing amongst the constituents that are calling me is a lot of really significant
problems with people getting along even at the very beginning of this. Having correct
design for people living in close proximity to one another is important. I would like
to see some developments like this be allowed to happen. I appreciate it being
permitted and allowed to go through so smoothly without a lot of resistance.
Council Chair Kaneshiro: Councilmember Evslin.
Councilmember Evslin: I am hugely supportive of this. I think the
need is obviously clear. The General Plan puts a lot of emphasis on trying to
incentivize more mixed-use types of construction, yet our Zoning Code did not allow
the ability to get a permit for residential construction in commercial areas. The need
is clear. I appreciate the Planning Department for always being so proactive in trying
to change our Zoning Code to comply with our...ensure that we can enact our General
Plan. I am supportive of this. I think this is one of the best Planning bills we have
seen this year.
Council Chair Kaneshiro: Anyone else? We did not specify a time
because this public hearing is taking place on April 22, 2020. If the public wants to
be heard, then please E-mail your testimony to us.
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: With that, roll call vote.
The motion for passage of Proposed Draft Bill (No. 2781) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
April 22, 2020, and referred to the Planning Committee was then put, and
carried by the following vote:
FOR PASSAGE: Chock, Cowden, Evshn, Kagawa,
Kuali`i, Kaneshiro TOTAL— 6,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL—0.
COUNCIL MEETING 48 MARCH 25, 2020
Ms. Fountain-Tanigawa: Six (6) ayes.
Proposed Draft Bill (No. 2782) —A BILL FOR AN ORDINANCE APPROVING
A COLLECTIVE BARGAINING AGREEMENT FOR HGEA BARGAINING UNIT 4
BETWEEN JULY 1, 2019 AND JUNE 30, 2021: Councilmember Kuali`i moved for
passage of Proposed Draft Bill (No. 2780) on first reading, that it be ordered to print,
that a public hearing thereon be scheduled for April 22, 2020, and it be referred to
the Committee of the Whole, seconded by Councilmember Cowden.
Council Chair Kaneshiro: Any comments on this from the members?
Councilmember Cowden.
Councilmember Cowden: I called the Hawaii Government Employees
Association (HGEA) and took a look at what this is. These are our supervisors and
white-collar workers. Just like what we were talking about with the Police position,
sometimes people who have been in a supervisory position for eighteen (18) to
twenty (20) years might be paid roughly the same or just barely more than a brand
new hire who they are supervising. When I look at it, of the forty-five (45) positions
on the island, only sixteen (16) are in the County. So this is I am guessing under
forty-five thousand dollars ($45,000) a year in added cost. I am supportive of that.
Council Chair Kaneshiro: They have the sheet with the added cost and
it is seventy-seven thousand dollars ($77,000) for 2020...it is about seventy thousand
dollars ($70,000) each year.
Councilmember Cowden: I called the lady there and we looked at it.
But, okay.
Council Chair Kaneshiro: Any comments from anyone else? Discussion?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: With that, roll call vote.
The motion for passage of Proposed Draft Bill (No. 2782) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
April 22, 2020, and referred to the Committee of the Whole was then put, and
carried by the following vote:
FOR PASSAGE: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL— 6,
AGAINST PASSAGE: None TOTAL—0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL— 0.
COUNCIL MEETING 49 MARCH 25, 2020
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Proposed Draft Bill (No. 2783) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO
MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND REGISTRATION FEES:
Councilmember Kuali`i moved to receive Proposed Draft Bill (No. 2783) for the record,
seconded by Councilmember Kagawa.
Council Chair Kaneshiro: We received a memorandum from the Office
of the Mayor to receive the revenue measures. This is a consequence of the current
situation we are in right now. They have asked to receive for the record all of the
revenue enhancement proposals that are on our agenda. We have to take them each
individually. It was at the request of the Mayor that we receive for the record all of
these bills. Councilmember Cowden.
Councilmember Cowden: For the people who are watching, receive for
the record means that we are not passing these at this time. We are neither
approving nor disapproving the measures, but we are setting these aside for now.
They will not be implemented.
Council Chair Kaneshiro: Anyone else? Councilmember Kagawa.
Councilmember Kagawa: Thank God. I remember when former
Councilmember Rapozo and I were outvoted a few years back and we increased a lot
of those vehicle fees. We said we were trying to catch up with the other islands and
now certainly is not the time. I thank Mayor Kawakami for holding off at this time.
Thank you.
Council Chair Kaneshiro: Anyone else?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion to receive Proposed Draft Bill (No. 2783) for the record, was then
put, and carried by the following vote:
FOR RECEIPT: Chock, Cowden, Evslin, Kagawa,
Kuah'i, Kaneshiro TOTAL—6,
AGAINST RECEIPT: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL—0.
COUNCIL MEETING 50 MARCH 25, 2020
Ms. Fountain-Tanigawa: Six (6) ayes.
Proposed Draft Bill (No. 2784) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 19, SECTION 19-1.9, KAUA`I COUNTY CODE 1987, AS AMENDED,
RELATING TO SCHEDULE OF FEES AND DEPOSITS: Councilmember Kuali`i
moved to receive Proposed Draft Bill (No. 2784) for the record, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Any discussion from the members?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion to receive Proposed Draft Bill (No. 2784) for the record, was then
put, and carried by the following vote:
FOR RECEIPT: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL— 6,
AGAINST RECEIPT: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Proposed Draft Bill (No. 2785) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 19, ARTICLE 2, KAUA`I COUNTY CODE 1987, AS AMENDED,
RELATING TO CAMPING ON COUNTY PARKS AND PROPERTIES
Councilmember Kuali`i moved to receive Proposed Draft Bill (No. 2785) for the record,
seconded by Councilmember Cowden.
Council Chair Kaneshiro: Any discussion from the members?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion to receive Proposed Draft Bill (No. 2785) for the record, was then
put, and carried by the following vote:
FOR RECEIPT: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL— 6,
AGAINST RECEIPT: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL— 0.
COUNCIL MEETING 51 MARCH 25, 2020
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Proposed Draft Bill (No. 2786) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 19, SECTION 19-3.2, KAUA`I COUNTY CODE 1987, AS AMENDED,
RELATING TO PLAYING FEES: Councilmember Kuali`i moved to receive Proposed
Draft Bill (No. 2786) for the record, seconded by Councilmember Kagawa.
Council Chair Kaneshiro: Any discussion from the members?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion to receive Proposed Draft Bill (No. 2786) for the record, was then
put, and carried by the following vote:
FOR RECEIPT: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL—6,
AGAINST RECEIPT: None TOTAL—0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL—0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Proposed Draft Bill (No. 2787) —A BILL FOR AN ORDINANCE AMENDING
CHAPTER 19, SECTION 19-4.6, KAUA`I COUNTY CODE 1987, AS AMENDED,
RELATING TO FEES: Councilmember Kuali`i moved to receive Proposed Draft
Bill (No. 2787) for the record, seconded by Councilmember Cowden.
Council Chair Kaneshiro: Any discussion from the members?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion to receive Proposed Draft Bill (No. 2787) for the record, was then
put, and carried by the following vote:
FOR RECEIPT: Chock, Cowden, Evshn, Kagawa,
Kuali`i, Kaneshiro TOTAL—6,
AGAINST RECEIPT: None TOTAL—0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL— 0.
COUNCIL MEETING 52 MARCH 25, 2020
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Proposed Draft Bill (No. 2788) —A BILL FOR AN ORDINANCE AMENDING
SECTION 21-9.1, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO
INTEGRATED SOLID WASTE MANAGEMENT: Councilmember Kuali`i moved to
receive Proposed Draft Bill (No. 2788) for the record, seconded by Councilmember
Cowden.
Council Chair Kaneshiro: Any discussion from the members?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion to receive Proposed Draft Bill (No. 2788) for the record, was then
put, and carried by the following vote:
FOR RECEIPT: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL—6,
AGAINST RECEIPT: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Proposed Draft Bill (No. 2789) —A BILL FOR AN ORDINANCE AMENDING
SECTION 21-9.2, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO
INTEGRATED SOLID WASTE MANAGEMENT: Councilmember Kuali`i moved to
receive Proposed Draft Bill (No. 2789) for the record, seconded by Councilmember
Cowden.
Council Chair Kaneshiro: Any discussion from the members?
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion to receive Proposed Draft Bill (No. 2789) for the record, was then
put, and carried by the following vote:
FOR RECEIPT: Chock, Cowden, Evshn, Kagawa,
Kuali`i, Kaneshiro TOTAL—6,
AGAINST RECEIPT: None TOTAL—0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL—0.
COUNCIL MEETING 53 MARCH 25, 2020
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: Next item.
Proposed Draft Bill (No. 2790) —A BILL FOR AN ORDINANCE AMENDING
SECTIONS 25-11.1, 25-12.1, 25-13.4,AND 25-13.9 OF THE KAUA`I COUNTY CODE
1987, AS AMENDED, RELATING TO SEWERS: Councilmember Kuali`i moved to
receive Proposed Draft Bill (No. 2790) for the record, seconded by Councilmember
Cowden.
Council Chair Kaneshiro: Any discussion from the members?
Councilmember Kagawa.
Councilmember Kagawa: I believe this is the one where the Mayor was
planning to keep the same subsidy. The monthly fees are going to go way up under
that circumstance. The way it will go up a little less would be to go with a bigger
subsidy. I favor that approach. My reasoning is that the cesspools and septic
tanks...most of our water comes from groundwater. Those systems leach out into our
groundwater system. They do not have much costs associated with them, if they are
cesspool or septic tank functions. Why are they going to be basically paying nothing,
besides what goes into the subsidy? Only the sewer users are going to get hammered.
The sewer users are not contributing to the contamination of our groundwater. The
people with the sewer lines should get a smaller water bill than those on the other
systems. The Department of Water has to deal with cleaning up that water. There
has to be a holistic approach. The people who were forced to connect to the sewer
system, they had functioning cesspools or septic systems prior and were forced to
connect. Are they going to continue to get hammered every time the Wastewater
Division feels that they need to upgrade or replace their infrastructure? If they are
going to do this, then they should get less users contributing their opala into the
groundwater system. That is the danger in this proposal. We are keeping the same
users connected and we are going to charge those same people, while all of the
groundwater concerns...yes we have due dates for conversion, but they are just due
dates. I do not see action or movement by the State. All I hear is talk.
Councilmember Chock has spoken about it on many occasions...the need to move
forward with that. There is a lot of talk about due dates and what are we going to
do? Are we going to press the panic button and things will magically get fixed? It is
not happening like that. The State continues to go broke, running deficits, how are
they going to help? How is the Federal government going to help? Someone needs to
do something. Our groundwater is going to be completely contaminated by 2050.
Thank you.
Council Chair Kaneshiro: Councilmember Cowden.
COUNCIL MEETING 54 MARCH 25, 2020
Councilmember Cowden: I just want to follow up that that is a good
point. I am among those who does not have to pay any kind of sewer charge. I hear
what you are saying. Perhaps there is some way we can holistically look at it.
Perhaps there could be a contribution on an on-going basis to be able to raise some of
that money to be able to put in more sewers or better septic situations.
Council Chair Kaneshiro: Anyone else? I want to add that the Sewer
Fund operates on its own. Historically, it has never been able to cover its expenses.
We have always had to subsidize it with the General Fund. I think eventually things
will need to change. We would love to see the separate funds be able to cover their
costs. Solid Waste is the same way. We are not collecting enough revenue to cover
the costs to pay for trash pickup and to run our landfills and refuse transfer stations.
All of those are subsidized by the Operating Budget and the General Fund in
particular. It is not a great way to operate. There are things, like Councilmember
Kagawa stated, only the people that are actually on the sewer line are paying into
that Fund. People that have cesspools do not need to pay anything. That is probably
the switch that needs to happen. Eventually, if we keep pushing off rate increases
on the sewer system, then the jump will be a lot harder on everyone. Ideally you
would like to see a small increase over the years. Over time, we push these types of
things off and we get to a point where you get a big smack in the face by the time we
try to increase the rates. I do think it is important to continue to look at this. I
understand at this time, it is something that should be tabled for right now. Anyone
else? Councilmember Evslin.
Councilmember Evslin: Just briefly, I said this when we were having
the presentation from Jason Kagimoto and his team, I strongly believe that one of the
most important things we need to figure out is a way to fund the expansion of our
sewer system. It is vital from an environmental perspective. If you have a cesspool,
you cannot get a building permit for anything. If you want to enclose your deck, you
cannot get a building permit. That is per State law, I believe. We need to ensure that
there is a mechanism for people with cesspools to get onto the sewer system. We need
a plan to do that. I know a number of people that have a cesspool and they are holding
off on converting to a septic system because they do not want to spend twenty-five
thousand dollars ($25,000) on a septic system only to have sewer get expanded into
their neighborhood sometime soon. I think we need a clear plan for how areas that
are allotted for density are going to get sewer and more importantly is how do we pay
for that. I know that is kind of tangential right now, but I feel it is important.
Council Chair Kaneshiro: Anyone else? There are inequities. You
cannot blame the cesspool people either. There are many situations where it is
cost-prohibitive to put in a septic system or there are situations where it is not
possible. Their lot might be too small and they cannot fit a septic system in there.
To just do a broad brush and force everyone to convert, the reality is that there are
going to be situations where there are no options. People are going to have to wait
for a different type of technology to come in where it takes up less space in order to
make it happen. That is the reality of a broad brush law of total conversion. Anyone
else?
COUNCIL MEETING 55 MARCH 25, 2020
(No written testimony was received on this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion to receive Proposed Draft Bill (No. 2790) for the record, was then
put, and carried by the following vote:
FOR RECEIPT: Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL— 6,
AGAINST RECEIPT: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun TOTAL— 1*,
RECUSED & NOT VOTING: None TOTAL— 0.
Ms. Fountain-Tanigawa: Six (6) ayes.
Council Chair Kaneshiro: That concludes the business on our agenda. I
want to state that we will be back here on Friday. Just to reiterate, Friday is a
scheduled Departmental Budget Review meeting. We will not be meeting with the
different departments on the schedule. We will have the Mayor do his statement on
the budget. I will be doing my statement on the budget. Based on the current
situation that we are in, we know that the Supplemental Budget Communication is
going to be a lot different than what the March submission is. With COVID-19, it
also provides a big burden on the Administration. To have the Administration
available to answer all of the questions on a budget that is likely to change a lot is
not a waste of time, but I think we can spend our time a lot more efficiently by we as
Councilmembers taking it upon ourselves to go through the budget, submit our
questions, and the Administration will answer them. All of our questions and
answers will be posted to the Council's budget website, completely transparent. The
public can see it. All of the budget presentations sent by the different departments
will be posted to that same website. Everyone in the public will be able to see the
same thing that we see. They will be able to see the budget, the individual budget
presentations by each department, and they will be able to see our questions and
answers that we submitted to and received from the Administration. We are trying
to be completely transparent and as transparent as possible while understanding the
limited resources that we have. We are trying to limit our resources here by not
having our staff come in here every day for three (3) weeks. We are trying to limit
the amount of time that the Administration has to be available to answer our
questions. I think it is an unforeseen circumstance, but we are trying to make the
best out of it. I have all the confidence in the world that the six (6) Councilmembers
here are going to do our job. We are going to ask the necessary questions to allow us
to make the final decision when the Supplemental Budget Communication comes in.
We will be saving our Call-Back dates for any further questions that we have. Being
that we have told the Administration that we are not going to be doing budget
COUNCIL MEETING 56 MARCH 25, 2020
presentations every single day, we are canceling those, we did make it clear that they
need to be very transparent with us on what the Supplemental Budget
Communication is going to look like. We will have a limited amount of time to be
able to ask questions and do additions or cuts. This is going to be an ongoing and
fluid process. I am not sure if the Administration knows exactly what their
Supplemental Budget Communication is going to look like right now. We have told
them to be in communication with the Councilmembers so that there are no surprises
when it does come through. We did not get a lot of feedback yet from the
Administration on what the new budget is going to look like. The Budget Call-Back
days are days when we can still ask additional questions. I would say that is our time
to be able to ask them what the big changes are in the Supplemental and be able to
give us time to digest it before the Supplemental comes in. Councilmember Chock.
Councilmember Chock: Just a point of personal privilege. First, I just
wanted to thank our staff for adapting in this time of crisis and for putting together
this platform with Microsoft Teams for us to continue to communicate. It is obvious
that I and Councilmember Evslin are meeting remotely. I decided to do so as I had a
little bit of a cough. In an abundance of caution, I thought it would be best to stay
away. I look forward to being able to continue the work that we need to and hopefully
get some public feedback in the process as well, as we look towards going through our
budget. I look forward to diving into it. I know a lot of things are unforeseen and I
just wanted to thank everyone for their patience and for working together.
Council Chair Kaneshiro: Councilmember Cowden.
Councilmember Cowden: I also would like to acknowledge the staff, the
Council Services staff, and the County staff, many of whom are working from home.
I have not found an interruption of service. Everyone is working really hard. The
department heads are also very willing and open to answering questions via phone
conference individually with the different Councilmembers to help us understand and
still do a good and efficient job on understanding the budget. This is a little bit like
driving blind, because we do not know exactly what is going to be happening coming
up, but I think we are making a good choice to be pushing this out to the early-May
window. We will be able to see how things are unfolding both nationally and globally
and I think be able to make much better decisions understanding what is going to be
happening here on this island. I am hoping for the best for all of us that we stay safe
across the island and across the country and world. We are doing good so far.
Council Chair Kaneshiro: We will be able to make comments on Friday
once we have had the Mayor's presentation and my presentation. We can make
further comments then regarding the budget, the process, et cetera. With that, not
seeing or hearing any objections, this meeting is now adjourned. We do have public
hearings coming up immediately after this.
COUNCIL MEETING 57 MARCH 25, 2020
ADJOURNMENT.
There being no further business, the Council Meeting adjourned at 11:21 a.m.
Respectfully submitted,
L
JA K. FOUNTAIN-TANIGAWA
County Clerk
:dmc
*Beginning with the March 11, 2020 Council Meeting and until further notice,
Councilmember Arthur Brun will not be present due to U.S. v. Arthur Brun et al.,
Cr. No. 20-00024-DKW (United States District Court), and therefore will be noted as
excused (i.e., not present).