HomeMy WebLinkAbout04/08/2020 Council minutes COUNCIL MEETING
APRIL 8, 2020
The Council Meeting of the Council of the County of Kaua`i was called to order
by Council Chair Arryl Kaneshiro at the Council Chambers, 4396 Rice Street,
Suite 201, Lihu`e, Kaua`i, on Wednesday, April 8, 2020 at 8:37 a.m., after which the
following Members answered the call of the roll:
Honorable Mason K. Chock
Honorable Felicia Cowden
Honorable Luke A. Evslin (via remote technology)
Honorable KipuKai Kuali`i
Honorable Arryl Kaneshiro
Excused: Honorable Arthur Brun*
Honorable Ross Kagawa
Council Chair Kaneshiro: Please note that we will run today's meetings
pursuant to the Governor's Supplementary Emergency Proclamation dated
March 16, 2020.
APPROVAL OF AGENDA.
Council Chair Kaneshiro: The first item is the approval of the agenda.
Councilmember Kuali`i moved for approval of the agenda, as circulated,
seconded by Councilmember Chock.
(No written testimony was received regarding this agenda item.)
Council Chair Kaneshiro: Any discussion on the agenda 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. The next item is the
Consent Calendar. For the public's knowledge, we all have masks today, but if we
wear it and talk, it is a little difficult for people to hear on the microphone. I am
probably going to keep my mask off. We are practicing social distancing for the
record. Clerk, could you please read the Consent Calendar?
COUNCIL MEETING 2 APRIL 8, 2020
CONSENT CALENDAR:
C 2020-104 Communication (03/18/2020) from the Council Chair Kaneshiro,
transmitting for Council consideration, a Resolution appointing Ross Kagawa as
Kaua`i's representative and Mason K. Chock as the alternate to the Executive
Committee of the Hawaii State Association of Counties (HSAC).
C 2020-105 Communication (03/18/2020) from Council Chair Kaneshiro,
transmitting for Council consideration, the nomination of Councilmember KipuKai
Kualii as a Director on the National Association of Counties (NACo) Board of
Directors.
Councilmember Chock moved to receive C 2020-104 and C 2020-105 for the
record, seconded by Councilmember Kuali`i.
Council Chair Kaneshiro: Any discussion or questions from the
members?
(No written testimony was received regarding these agenda items.)
The motion to receive C 2020-104 and C 2020-105 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 2020-106 Communication(03/08/2020) from Bryson Ponce,Assistant Chief of
Police, Investigative Services Bureau, recommending Council approval to enter into a
contract for Project No. 18-DJ-03; receive and expend Federal funds for the Statewide
Multi-Jurisdictional Drug Task Force (SMDTF), in the amount of $43,436.00, which
will be used to continue law enforcement efforts to reduce drug threats and drug related
crimes through agency collaboration; and indemnify the State of Hawaii Department
of the Attorney General for the term commencing January 1, 2020 to
December 31, 2020.
• SMDTF Contract for Project No. 18-DJ-03
Councilmember Kuali`i moved to approve C 2020-106, seconded by
Councilmember Cowden.
Council Chair Kaneshiro: Any questions or comments on this item from
the members? Councilmember Cowden.
Councilmember Cowden: I just want to make a comment that I
appreciate how much the Police Department is working hard to get grants to fund
themselves.
COUNCIL MEETING 3 APRIL 8, 2020
Council Chair Kaneshiro: Okay, thank you. Councilmember Cowden,
you can finish if that interrupted you.
Councilmember Cowden: This is a continuing grant and it is a good one.
I appreciate the effort that the Kaua`i Police Department put in to reduce the cost to the
County's budget by getting grants.
Council Chair Kaneshiro: Thank you. Anyone else?
(No written testimony was received regarding this agenda item.)
The motion to approve C 2020-106 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 2020-107 Communication (03/27/2020) from the Director of Finance and
Budget Administrator, transmitting for Council consideration,A Bill For An Ordinance
Amending Ordinance No. B-2019-856, As Amended, Relating To The Operating
Budget Of The CountyOf Kaua`i State Of Hawai`i For The Fiscal Year
g ea July 1, 2019
Through June 30, 2020, By Revising The Amounts Estimated In The G.E. Tax
Fund, to account for an estimated revenue shortfall of ($2,000,000.00), due to the
anticipated decrease in general excise tax surcharge collections as a result of the
ongoing events and broad impacts of COVID-19: Councilmember Chock moved to
receive C 2020-107 for the record, seconded by Councilmember Cowden.
Council Chair Kaneshiro: This is just the communication. We will see the
Bill come up later on the agenda. Any comments from the members?
(No written testimony was received regarding this agenda item.)
The motion to receive C 2020-107 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.
C 2020-108 Communication (03/27/2020) from Troy K. Tanigawa, Acting
County Engineer, requesting Council approval to apply for, receive, and expend United
States Department of Transportation (USDOT) Better Utilizing Investments to
Leverage Development (BUILD) Grant funding up to an estimated total project cost of
$23,000,000.00, for the Po`ipu Road Mobility and Safety Project, and indemnify the
United States Department of Transportation Federal Highway Administration and
Hawai`i Department of Transportation, if awarded: Councilmember Kuali`i moved to
approve C 2020-108, seconded by Councilmember Chock.
COUNCIL MEETING 4 APRIL 8 2020
Council Chair Kaneshiro: Any comments from the members on this item?
Councilmember Cowden.
Councilmember Cowden: I recognize that this is just an approval to apply
for the grant, but I really want to commend our new Acting County Engineer Troy K.
Tanigawa for making the effort to get this together for Po`ipu. My understanding is
that if we receive it, then the moneys that we had applied for that area would get
reappropriated into other areas of need on the island. We are not just Po`ipu. It is a
good piece.
Council Chair Kaneshiro: Anyone else?
(No written testimony was received regarding this agenda item.)
The motion to approve C 2020-108 was then put, and carried by a vote of 5:0:2*
(Councilmember Brun and Councilmember Kagawa were excused).
Council Chair Kaneshiro: Motion is carried. Next item.
CLAIM:
C 2020-109 Communication (03/19/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by DTRIC Insurance
Company, Limited, on behalf of Alison Okada, for damage to her vehicle, pursuant to
Section 23.06, Charter of the County of Kauai: Councilmember Kuali`i moved to refer
C 2020-109 to the Office of the County Attorney for disposition and/or report back to
the Council, seconded by Councilmember Chock.
Council Chair Kaneshiro: Any comments from the members on this
item?
(No written testimony was received regarding this agenda item.)
The motion to refer C 2020-109 to the Office of the County Attorney for
disposition and/or report back to the Council was then put, and carried by a
vote of 5:0:2* (Councilmember Brun and Kagawa were excused).
Council Chair Kaneshiro: Motion is carried. Next item.
RESOLUTIONS:
Resolution —
No. 2020-23 RESOLUTION APPOINTING ROSS KAGAWA AS
REPRESENTATIVE AND MASON K. CHOCK AS THE ALTERNATE TO THE
EXECUTIVE COMMITTEE OF THE HAWAII STATE ASSOCIATION OF
COUNTIES: Councilmember Cowden moved for adoption of Resolution No. 2020-23,
seconded by Councilmember Chock.
COUNCIL MEETING 5 APRIL 8, 2020
Council Chair Kaneshiro: Any comments from the members on this item?
Councilmember Cowden.
Councilmember Cowden: I think it is a good choice. Councilmember
Chock does a good job and I appreciate what he has to bring to the table.
Councilmember Chock: Thank you.
Council Chair Kaneshiro: Previously, it was Councilmember Brun as the
alternate,but Councilmember Brun is no longer available to be there. We will now have
Councilmember Chock as the alternate. Any other comments from the members?
(No written testimony was received regarding this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion for adoption of Resolution No. 2020-23 was then put, and carried
by the following vote:
FOR ADOPTION: Chock, Cowden, Evslin,
Kuali`i, Kaneshiro TOTAL— 5,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun, Kagawa TOTAL— 2*,
RECUSED & NOT VOTING: None TOTAL— O.
JADE K. FOUNTAIN-TANIGAWA, County Clerk: Five (5) ayes.
Resolution No. 2020-24—RESOLUTION NOMINATING COUNCILMEMBER
KIPUKAI KUALI`I AS A DIRECTOR ON THE NATIONAL ASSOCIATION OF
COUNTIES BOARD: Councilmember Chock moved for adoption of Resolution
No. 2020-24, seconded by Councilmember Cowden.
Council Chair Kaneshiro: Any comments from the members on this
item? Councilmember Cowden.
Councilmember Cowden: I appreciate Councilmember Kuali`i and the
work that he does. He is very consistent about going to the meetings at the national
level. Thank you very much.
Councilmember Chock: Yes, thank you.
Councilmember Kuali`i: I appreciate all of your support.
Council Chair Kaneshiro: Anyone else?
COUNCIL MEETING 6 APRIL 8, 2020
(No written testimony was received regarding this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion for adoption of Resolution No. 2020-24 was then put, and carried
by the following vote:
FOR ADOPTION: Chock, Cowden, Evslin
Kuali`i, Kaneshiro TOTAL— 5,
AGAINST ADOPTION: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun, Kagawa TOTAL— 2*,
RECUSED & NOT VOTING: None TOTAL— O.
Ms. Fountain-Tanigawa: Five (5) ayes.
Council Chair Kaneshiro: Next item.
BILL FOR FIRST READING:
Proposed Draft Bill (No. 2791) —A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2019-856, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2019 THROUGH JUNE 30, 2020, BY REVISING THE AMOUNTS
ESTIMATED IN THE G.E. TAX FUND (G.E. Tax Surcharge Reduction (COVID-19)—
($2,000,000.00)) : Councilmember Kuali`i moved for passage of Proposed Draft Bill
(No. 2791) on first reading, that it be ordered to print, that a public hearing thereon
be scheduled for May 6, 2020, and it be referred to the Committee of the Whole,
seconded by Councilmember Cowden.
Council Chair Kaneshiro: Any comments from the members on this
item? Councilmember Cowden.
Councilmember Cowden: Is Public Works here?
Council Chair Kaneshiro: This is actually from the Department of
Finance.
Councilmember Cowden: Are they not here?
Council Chair Kaneshiro: They were not requested to be here.
Councilmember Cowden: Okay. I will just state what my question is. I
am curious how we estimated the two million dollars ($2,000,000). This is coming
out of this fiscal year, so we are describing for the next couple of months that are
impacted? Is that right? If it was for next year, I would think it would be more. This
is for this year, so that is about fourteen million dollars ($14,000,000) is what we had
planned, and we are taking two million dollars ($2,000,000) off?
COUNCIL MEETING 7 APRIL 8, 2020
Council Chair Kaneshiro: I think it was in the twenty-six million dollars
($26,000,000) range.
Councilmember Cowden: Okay. Twenty-six million dollars
($26,000,000), so we are taking two million dollars ($2,000,000) off of that amount. I
understand.
Council Chair Kaneshiro: This is situation where we set the revenue
based on the budget and the economy last year. We know we are going to take a hit
in the general excise tax (GET) with less people on the island and less spending. The
Department of Finance sent this over to adjust the revenue projection. As far as next
year's GET, that is going to be incorporated into the next budget that we are currently
working on. That is the time for that. We already saw the Mayor's initial budget
proposal for the next fiscal year and we saw the figure that they were expecting
without the impacts from COVID-19. I am sure we are going to see a much lower
number in the supplemental budget communication based on our current situation.
Councilmember Cowden: Okay, so we are just looking at two million
dollars ($2,000,000) right here for the G.E. Tax Fund and there will probably be other
areas that are going to be light too this year.
Council Chair Kaneshiro: We can send that question over as this still
needs to go through the public hearing and committee meeting process.
Councilmember Chock.
Councilmember Chock: Thank you. I just wanted to reference that
the two million dollars ($2,000,000) is being reduced in the Department of Public
Works' budget of one million nine hundred thousand dollars ($1,900,000) from the
Other Services—Island Wide Road Resurfacing and then approximately one hundred
thousand dollars ($100,000) from the Transportation Agency. The question that
comes up for me is if we could get a sense from the Department of Public Works on
what projects are going to be affected. We know that this is a big issue for our island
and I would like to get an accounting of what we are to expect. We promised that we
would get some of that work done and it will now be stalled. I would appreciate that.
Council Chair Kaneshiro: No problem. We will send that question over.
It is a good question. Anyone else?
(No written testimony was received regarding this agenda item.)
Council Chair Kaneshiro: If not, roll call vote.
The motion for passage of Proposed Draft Bill (No. 2791) on first reading, that
it be ordered to print, that a public hearing thereon be scheduled for
May 6, 2020, and it be referred to the Committee of the Whole was then put,
and carried by the following vote:
COUNCIL MEETING 8 APRIL 8, 2020
FOR PASSAGE: Chock, Cowden, Evslin,
Kuali`i, Kaneshiro TOTAL— 5,
AGAINST PASSAGE: None TOTAL— 0,
EXCUSED & NOT VOTING: Brun, Kagawa TOTAL— 2*,
RECUSED & NOT VOTING: None TOTAL— O.
Ms. Fountain-Tanigawa: Five (5) ayes.
Council Chair Kaneshiro: Seeing no further business and hearing no
objections, that is the conclusion of our Council Meeting. We do have public hearings
coming up right after this. After that we have our Committee Meetings.
ADJOURNMENT.
There being no further business, the Council Meeting adjourned at 8:48 a.m.
Respectfully submitted,
R;Clif ----
JADE K. FOUNTAIN-TANIGAWA
County Clerk
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*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).