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HomeMy WebLinkAbout05/06/2020 Council minutes COUNCIL MEETING MAY 6, 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, May 6, 2020 at 8:32 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 Ross Kagawa Honorable KipuKai Kuali`i Honorable Arryl Kaneshiro Excused: Honorable Arthur Brun* Council Chair Kaneshiro: Please note that we will run today's meetings pursuant to the Governor's Supplementary Emergency Proclamation dated March 16, 2020 and the Governor's Sixth Supplementary Emergency Proclamation dated April 25, 2020. APPROVAL OF AGENDA. Council Chair Kaneshiro: The first item is the approval of the agenda. Councilmember Chock moved for approval of the agenda, as circulated, seconded by Councilmember Kagawa. (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 6:0:1*. Council Chair Kaneshiro: The motion is carried. Next items are the minutes. Clerk, could you please read the minutes? COUNCIL MEETING 2 MAY 6, 2020 MINUTES of the following meetings of the Council: April 22, 2020 Council Meeting April 22, 2020 Public Hearing re: Bill No. 2781 and Bill No. 2782 Councilmember Chock moved to approve the Minutes as circulated, seconded by Councilmember Kuali`i. (No written testimony was received regarding this agenda item.) Council Chair Kaneshiro: Any discussion on the minutes? The motion to approve the Minutes, as circulated, was then put, and carried by a vote of 6:0:1*. Council Chair Kaneshiro: Motion is carried. Before we go in to the interview, I am going to briefly give you the schedule for today. We will do the interview. Once the interview is done, we are going to skip to the Emergency Bill. When the Emergency Bill is done, then we are going to recess the Council Meeting and take up the item in the Special Council Meeting relating to the 4-10 work schedule. The Mayor is available only until 10:15 a.m. Those are the two (2) items that the Mayor wanted to be available for. That is the plan. With that, we will start our interview for Dee Crowell. INTERVIEW: LIQUOR CONTROL COMMISSION: • Dee Crowell— Term ending 12/31/2022 Council Chair Kaneshiro: Good morning, Dee. DEE CROWELL: Hello. Council Chair Kaneshiro: Did you want to say a little bit about yourself and why you want to...okay, Ellen is here also. ELLEN CHING, Boards & Commissions Administrator: Good morning. Council Chair Kaneshiro: Ellen, did you have an introduction for Dee today? COUNCIL MEETING 3 MAY 6, 2020 Ms. Ching: Yes I do. Good Morning Councilmembers. This morning I am happy to introduce Dee Crowell. Some of you know him as a Director for the Kaua`i Island Utility Cooperative or KIUC. Some of you know him as the former Deputy or Director of the Planning Department. What you may not know is that Dee is a Kamehameha Schools graduate and he earned his degree in architecture from USC, the University of Southern California—go Trojans!—and that he has served for several terms on the Board of Water Supply. With his retirement and the COVID-19's stay-at-home order, Dee has turned into a YouTube junkie. His latest hot tip was to watch how to make a tornado omelet. When asked, "Except for family and pets, if your house was burning down what is the one thing you would save?" Dee said, "As long as my wife, Kathy is fine, that is all that counts—so nothing!" What a guy. When I pressed him, he said, "Clothes, so I have something to wear!" So I came up with another question, "If money was no object, what would you buy, Dee?" "A house for my daughter!" Councilmembers, I present Dee Crowell, loving husband and father with a ton of knowledge and experience. We thank him for his willingness to serve and we look forward his contributions to the Liquor Control Commission. Council Chair Kaneshiro: Thank you. Dee, thank you. Do you have anything to add to that introduction? Mr. Crowell: Thank you Ellen, for that introduction. Good morning, Councilmembers. It is good that you can operate at some level of efficiency. I am available for questions. Council Chair Kaneshiro: Any questions for Dee from the Councilmembers? Councilmember Cowden. Councilmember Cowden: First of all, I want to say thank you for volunteering. I do not have a lot of questions, because I have worked with you for at least thirty (30) years. We were on the Citizens Advisory Committee in the 1980s. We did get a question from a constituent about farming. The question was, "Do you support the use of agricultural lands and Hawai`i-grown crops for a craft distillery, when many other distilleries have been permitted on agricultural lands around Hawai`i, including Kaua`i?" How do you feel about distilleries and agriculture? Mr. Crowell: It is more of a land use issue or a zoning issue. Having had some experience on that topic, I would say that it would be better if it was used in products that were grown on-site and the distillery was an accessory to that agricultural crop. Councilmember Cowden: In this example, it is. They grow their own crops. Thank you. COUNCIL MEETING 4 MAY 6, 2020 Mr. Crowell: It would still have to go through the Planning Commission, I believe. Councilmember Cowden: Yes, and the Liquor Control Commission. I believe he struggled before with the Liquor Control Commission. Council Chair Kaneshiro: Any other questions? Councilmember Kagawa. Councilmember Kagawa: I am glad Councilmember Cowden asked that question. I did not know how to ask it. I think it is a legitimate concern, even more so now with COVID-19. We are trying to build businesses on Kaua`i. If people from the mainland are going to buy property anyway, why not be supportive of having a Kaua`i business...I am glad, Dee, that you have the expertise and know a lot more than the normal person that would be on the Liquor Control Commission as it relates to land use issues. I really appreciate you stepping up and helping the County. I know it is a lot of work, it is sometimes very stressful, to be retired and to put yourself back in that kind of light, I know it is not easy. I just want to thank you, Dee. I one hundred percent (100%) support you and your expertise. I respect your background and everything that you have done for the island. On the other hand, I would hope that you would be considered to serve on the Planning Commission in some form. You have spent a lot of time in that arena. You may not want to go there, but I think with the issues that we are facing, having someone like you on the Planning Commission would also be a great idea. Hopefully the options are open. Thank you for being on the Liquor Commission, you are a solid choice. Mahalo. Mr. Crowell: Thank you. Council Chair Kaneshiro: Any further questions for Dee? Any comments? If not, thank you Dee, and thank you for your time. Thank you for volunteering for the Liquor Control Commission. Mr. Crowell: Thank you, Councilmembers, have a good meeting. Councilmember Cowden: Thank you. Council Chair Kaneshiro: Actually, let us get through the Consent Calendar. CONSENT CALENDAR: C 2020-113 Communication (03/30/2020) from Councilmember Evslin, transmitting for Council consideration and confirmation, the appointment of Jonathan Thomas Lucas to the Public Access, Open Space, Natural Resources Preservation Fund Commission (Koloa-Po`ipu-Kalaheo)—Term ending 12/31/2022. COUNCIL MEETING 5 MAY 6, 2020 C 2020-114 Communication (04/09/2020) from the Director of Finance, transmitting for Council information, the Period 8 Financial Reports — Statement of Revenues, Statement of Expenditures and Encumbrances, Revenue Report, and Detailed Budget Report as of February 29, 2020, pursuant to Section 21 of Ordinance No. B-2019-856, relating to the Operating Budget of the County of Kaua`i for Fiscal Year 2019-2020. C 2020-115 Communication (04/16/2020) from the Director of Finance, transmitting for Council information, the Third Quarter Statement of Equipment Purchases for Fiscal Year 2019-2020, pursuant to Section 17 of Ordinance No. B-2019-856, relating to the Operating Budget of the County of Kaua`i for the Fiscal Year 2019-2020. Councilmember Kuali`i moved to receive C 2020-113, C 2020-114, and C 2020-115 for the record, seconded by Councilmember Chock. Council Chair Kaneshiro: Any discussion from the members on the Consent Calendar? (No written testimony was received regarding these agenda items.) The motion to receive C 2020-113, C 2020-114, and C 2020-115 for the record was then put, and carried by a vote of 6:0:1*. Council Chair Kaneshiro: The motion is carried. Now let us skip around. Let us go to page four (4). Clerk, if you could read in the communication for C 2020-130. We will receive the communication for the record and then we will go straight to the Emergency Bill. There being no objections C 2020-130 was taken out of order. COMMUNICATIONS: C 2020-130 Communication (04/28/2020) from the Director of Finance and Budget Administrator, transmitting for Council consideration, a proposed Emergency Ordinance pursuant to Charter Sections 4.02K and 18.02, to reauthorize $957,278.00 from the Reserve Fund (Disaster Response), to be used for continued funding of emergency expenditures related to the Novel Coronavirus COVID-19. Councilmember Kuali`i moved to receive C 2020-130 for the record, seconded by Councilmember Chock. Council Chair Kaneshiro: Any discussion from the members on this item? We are going to see the Emergency Bill right after this. (No written testimony was received regarding this agenda item.) The motion to receive C 2020-130 for the record was then put, and carried by a vote of 6:0:1*. COUNCIL MEETING 6 MAY 6, 2020 Council Chair Kaneshiro: The motion is carried. Next item, Clerk, will be on page six (6), the Emergency Bill. There being no objections Proposed Draft Bill (No. 2792) was taken out of order. EMERGENCY BILL: Proposed Draft Bill (No. 2792) — AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. B-2020-861, RELATING TO THE FUNDING OF EMERGENCY EXPENDITURES TO MEET THE PUBLIC EMERGENCY CAUSED BY THE NOVEL CORONAVIRUS "COVID-19," BY REAUTHORIZING THE AMOUNTS ESTIMATED IN THE GENERAL FUND: Councilmember Kuali`i moved to approve Proposed Draft Bill (No. 2792) pursuant to Kaua`i County Charter Section 4.02K, and that it be transmitted to the Mayor for his approval, seconded by Councilmember Cowden. Council Chair Kaneshiro: We received information. We received the expenses that have occurred up until this date. We also received an overtime report. This request is not asking for more money. It is the same pot of money. They are just extending the date for another sixty (60) days. Do we have any questions? There being no objections the rules were suspended. Council Chair Kaneshiro: Councilmember Cowden. Councilmember Cowden: Thank you so much for the work here and for everything that everyone has done. Can we ask for permission for something to be spent? Something that I have been seeing that I think would be great would be if we could provide a gas card or some sort of methodology...a number of the volunteers bringing food out there and doing so much work, tend to be people who do not have any income themselves. They have not been able to get their unemployment benefits. They do not have gas for their vehicles. The people who are helping to get gas for the vehicles also do not have anything. Do you see a way where we could add that to this, so that there can be some funding for gas for food deliveries? Council Chair Kaneshiro: You are on mute. Councilmember Cowden: Is there anyone talking? Councilmember Kuali`i: No. COUNCIL MEETING 7 MAY 6, 2020 Council Chair Kaneshiro: Mayor and Mike, you may have to call back in on the teleconference number. We can hear you now. Did you hear the question from Councilmember Cowden? MICHAEL A. DAHILIG, Managing Director: Yes. Just to reiterate the question, what we heard was that there is a lot of demand for food delivery services and is there a way to look at these resources to be pushed towards subsidizing some of the gas expenses for those individuals. Is that correct? Councilmember Cowden: Yes. Mr. Dahilig: Councilmember, in response what I will say is that as you can see just from the bulk of the expenses,we are moving into a realm where the focus is on social service gaps that are coming to fruition. We are happy to talk about that as an idea. We are not sure what the scope of the demand would be. We would be happy to look at partnering with a nonprofit to help look at responsibly distributing something like that. It would probably be more helpful to us to understand what the scope of the demand would be, before providing any further comment on that. Councilmember Cowden: Okay. These are volunteers who are paying for their own gas. I will send an E-mail. On this expense report, I see...under I think it is on the third page facing up...there is an eleven thousand dollar($11,000)item that says "RET" on April 15. Pardon me, is that for the retirement contribution? All of the overtime, there is a retirement contribution that comes out of this emergency moneys? Mr. Dahilig: My apologies, Councilmember. This is on page three (3), you said? Councilmember Cowden: Page three (3) facing up, so it would probably be on page... Council Chair Kaneshiro: It would be on page five (5). Councilmember Cowden: Six (6)...I mean page five (5). It is eleven thousand three hundred ninety five dollars ($11,395). Mr. Dahilig: That is the required percentage that needs to be paid into the Employees' Retirement System (ERS) fund as a consequence of overtime that has occurred. Councilmember Cowden: Okay. Mr. Dahilig: It would be a percentage based of the overtime occurred. COUNCIL MEETING 8 MAY 6, 2020 Councilmember Cowden: On page four (4), there is a cluster under Amazon that is pretty expensive. It says, "Purchased hardware"for forty-five thousand dollars ($45,000), thirteen thousand dollars ($13,000), and ten thousand dollars ($10,000). There is a handful right in there. What kind of special projects or purchases are those? Do you have any idea? Mr. Dahilig: Those are items that we are still trying to reconcile from the Information Technology (IT) Division. In the scramble to try and push density in all of our departments, there was a run on IT hardware on island. The IT folks did everything they could to try to grab what they could. I am not sure if you are aware, but there was a shortage of laptops, web cameras, and all types of hardware needs that were needed to help people move towards social distancing and teleworking. A lot of the sourcing that they had to do was chasing hardware online when Costco and Walmart were running out of product. Councilmember Cowden: Okay. (Councilmember Kagawa was noted as not present at 8:49 a.m.) Mr. Dahilig: We are in the process of getting more detail so we can tell you exactly what was purchased. That was the genre of it. Councilmember Cowden: Thank you. Council Chair Kaneshiro: Any other questions from the members? Councilmember Kuali`i. Councilmember Kuali`i: I am just curious, was this provided to us electronically? Mr. Dahilig: This particular spreadsheet? Councilmember Kuali`i: Yes. Mr. Dahilig: We provided it as a PDF to the Council. Councilmember Kuali`i: As a PDF. Did you prepare it in Excel? Mr. Dahilig: We do have an Excel spreadsheet that can be provided to the Council if that is what you need. Councilmember Kuali`i: I would like that. It would have been helpful if there were totals and subtotals by the different departments and then a grand total. I am assuming this would represent over one million dollars ($1,000,000) that has already been spent and then the nine hundred thousand dollars ($900,000) in this reauthorization is the balance? The remaining portion? COUNCIL MEETING 9 MAY 6, 2020 Mr. Dahilig: That is correct. If you turn to the last page of the document, there are two columns that add up to one million two hundred forty four thousand two hundred ninety three dollars and fifteen cents ($1,244,293.15). There are two columns that essentially break it down to either what has been expended and charged, and items that have been encumbered to the fund. Those two columns add up to that. In terms of actual additions by genre, we have a pretty general breakdown. About forty eight percent (48%) or six hundred thousand dollars ($600,000) is directly going to social services. Another forty four percent (44%) or five hundred fifty thousand dollars ($550,000) is going to equipment and supplies. Just under nine percent (9%) is going to direct labor costs. In terms of how those figures are broken down by expenditures, those three areas kind of give you a picture of where the bulk the expenditures are going towards. Councilmember Kuali`i: The direct labor costs, that would be where the Kaua`i Police Department (KPD) overtime and benefits that go with that is? Mr. Dahilig: Yes. Councilmember Kuali`i: Okay, thank you. Council Chair Kaneshiro: Councilmember Cowden. Councilmember Cowden: You said four hundred thousand dollars ($400,000) roughly to social services as an encumbrance? Did I understand that correctly? Mr. Dahilig: It is forty eight percent (48%). It has not necessarily been encumbered, but what has been committed out of the budget. The overall budget line item, about forty eight percent (48%) has been going to social service-type expenditures. Councilmember Cowden: Can you tell me... Mr. Dahilig: It is approximately six hundred thousand dollars ($600,000). Councilmember Cowden: What kind of social services are we going to provide? Council Chair Kaneshiro: It is on the first page. Mr. Dahilig: A lot of it has been... Councilmember Cowden: Okay. COUNCIL MEETING 10 MAY 6, 2020 Mr. Dahilig: When you are looking at a disaster, there are three (3) general components that the emergency operations is concerned with. That is shelter, water, and food. (Councilmember Kagawa was noted as present at 8:50 a.m.) Mr. Dahilig: Given the moratorium on evictions by both the President and the Governor, shelter is not an immediate-term issue. Also, our water system is running. We do not necessarily see that as an issue. What has become an issue, because of the lack of unemployment benefits, has been the backfilling of the food element when we are looking at the three (3) elements of being able to sustain life on the island. The dominant push has been to focus on food. The second thing that was committed was gap resources for those individuals who are still waiting to get on the unemployment roll because of the State's inability to get people enrolled in a timely fashion. That was a communication you sent over our way concerning the gap loan program funded through the Hawai`i Community Foundation (HCF) in partnership with the Chan Zuckerberg Initiative to help support those families with loans to be able to wait until the unemployment benefits kick in. Right now, there is one item regarding one of the credit unions that we are trying to partner with. They will leverage small business loans for individual businesses that have not been able to get onto the Payroll Protection Program (PPP). We are partnering right now with the Kauai Government Employees Federal Credit Union (KGEFCU) to provide some type of product or gap funding for those small businesses that have not been able to be put on the PPP. Councilmember Cowden: Thank you. That is a really critical need. I appreciate the attention to that. I probably hear a disproportionate amount of the people struggling. When people are fine, they do not call. I hear mostly from people who are not fine. We have a lot of people who still did not get their unemployment benefits and a lot of businesses are thinking that they might need to close. I am glad that we are working on that. Thank you. Those are my questions. Council Chair Kaneshiro: Councilmember Kagawa. Councilmember Kagawa: A follow-up to the two hundred thousand dollars ($200,000) Hawai`i Community Foundation grants. How much has been paid out? Mr. Dahilig: One hundred percent (100%) has been committed, plus the Chan Zuckerberg moneys and funds from HCF and Hawai`i Pacific Health, have all been committed already. Councilmember Kagawa: How much have they paid out to residents who are struggling? COUNCIL MEETING 11 MAY 6, 2020 Mr. Dahilig: One hundred percent (100%) of the moneys available have been given to Kauai residents only. Councilmember Kagawa: They spent all of that money already? Mr. Dahilig: Yes. It really disappeared in a flash. The demand that came in to Hawai`i Community Lending, there was more demand than resources available. What has been happening is that those who try to enter the system now are being pushed to other loan products available that are out there. In aggregate there was an ask for close to one million dollars ($1,000,000) in gap loans because of the inability of people to get onto the unemployment rolls. Councilmember Kagawa: The other question I had was, is it too much trouble to do a summary at the end of all of the expenses? Mr. Dahilig: We certainly can manipulate the data in a way that it can provide you better analysis. We would just need some guidance as to whether you want it by department or by expenditure type. We can also do that. We will also send over the Excel sheet per Councilmember Kuali`i's request. Councilmember Kagawa: Let me go to one of the line items. What is "AEA overtime"? Mr. Dahilig: That is an employee from the Agency on Elderly Affairs. As part of the incident management team (IMT), we made a strategic effort to push other departments to provide labor rather than looking at Fire and Police only as people who would work in the Emergency Operations Center (EOC). That particular individual is actually handling all of the financial transactions as part of the Fiscal Section for the IMT. It also helps to ensure that we are getting first responders out to the line rather than have them work in the actual EOC. Councilmember Kagawa: For regular overtime for Police, I am looking at thirty nine thousand dollars ($39,000) almost forty thousand dollars ($40,000), is that for one person? Mr. Dahilig: That would be based off of a division. That is likely the Patrol Division within KPD. The actual individual totals, we provided a separate ledger that shows department, position number, and the three (3) payroll periods we were able to pull information on. You can see based on position number, what individuals are accruing overtime. Councilmember Kagawa: A little lower than that. Fire would be the same thing? The nine thousand dollars ($9,000), that is not one person, correct? COUNCIL MEETING 12 MAY 6, 2020 Mr. Dahilig: That is one division. Councilmember Kagawa: That is a division? Mr. Dahilig: Yes, that is one division. Councilmember Kagawa: What would draw overtime for the Fire Department? I can obviously see what the police overtime would be. We see them out there. What would Fire's overtime be caused by? Mr. Dahilig: The Fire Department overtime is largely and predominantly due to their role in the EOC. Their staff has been more skillfully trained in IMT management. What ends up happening is when the emergency is called, we source skilled labor from all different departments. They are pulled in to the EOC. They tend to have a lot of the people who are trained to do so. What we did to ensure that Fire's overtime is not overtaxing on the emergency fund was that a majority of the individuals that are Fire-related are on a forty (40)-hour work week rather than coming in on a twenty-four (24) hour shift and coming in on overtime. That is why we were able to drop down what would normally be a Fire-related cost and instead we put a forty (40)-hour week individual to cover both our logistics section and planning section. Councilmember Kagawa: Of the one million two hundred forty four thousand dollars ($1,244,000) that has been encumbered and expended, how much of that do we expect to get back in the form of reimbursements from the Federal government or State government? Mr. Dahilig: There are two (2) points of discussion that can help answer that question. The first is that the loan programs for example, those moneys are actually paid back at a certain rate in some usable form to the County. They are not necessarily Federal Emergency Management Agency (FEMA)-reimbursable. Those we anticipate will have some degree of payback and repurposing for those particular items. When it comes to expenditures that we pay, seventy five percent (75%) of the eligible balances are reimbursed by FEMA. However, we are aware that the Governor is planning on bringing forth moneys for appropriation out of the Coronavirus Aid, Relief, and Economic Security (CARES)Act. Those funds can be used to supplant these expenditures in total. It is a conversation that we should have with the Council on what makes the most sense. It could be seeking reimbursement directly from FEMA or do we use the CARES Act moneys that we anticipate to come down to supplant the two million dollars ($2,000,000)that was appropriated. There are avenues to have these moneys to be whole again. Councilmember Kagawa: You expect about seventy five percent (75%) to be reimbursed by FEMA? COUNCIL MEETING 13 MAY 6, 2020 Mr. Dahilig: We have the ability, if we go the FEMA route, we can get seventy five percent (75%) of the expenditures back. If we use the CARES Act route, we can use one hundred percent (100%) of the moneys to supplant our expenditures. There are ways to cut the pie. The only catch is that we cannot use CARES Act moneys and then submit that expenditure to FEMA. Councilmember Kagawa: Final question. The two hundred thousand dollars ($200,000). We were giving a loan, because the State's Unemployment Office is slow. When the residents do in fact get their moneys, do they pay the County back? Or do they get a bonus upon that just because they go their money late? How is that two hundred thousand dollars ($200,000)...I am thinking about the ones that did not get any, were in line, and they missed the boat. If one gets a bonus, they all should get the bonus. Mr. Dahilig: I understand. It was actually pretty humbling to see how many people were trying to apply for the program and just to see the scope of the need. We did not really have a gauge until we actually made this offer out there. We know that the amount of need that is out there greatly eclipses what we are able to provide at this time. In terms of the repayment, the memorandum with HCF and Hawaii Community Lending is that the principal amounts are supposed to be brought back to the County. We are assuming a degree of risk, but the principal amounts are supposed to be coming back to the County. That money can be repurposed for another social service need through the Hawai`i Community Foundation. That is the memorandum of agreement that we have with them. Councilmember Kagawa: Yes, so it is like a loan. A loan that needs to be paid back. Thank you. Mr. Dahilig: Yes. Council Chair Kaneshiro: One quick clarification. How much money do we have in that loan program? I know you mentioned we have two hundred thousand dollars ($200,000) from the County, Zuckerberg put some money in, and HCF put some money in. Can you let me know what those amounts were? Mr. Dahilig: In terms of loan principal, the overall loan principal is about two hundred seventy five thousand dollars ($275,000) that was paid out directly. What is not included in the face-value costs are things that relate to the buying down of the interest and loan fees. I can get you an aggregate as to what amount that is,but that is on top of what was actually pushed out. The folks at HCF and Hawaii Pacific Health are helping to buy down the interest and buy down the loan fee so that there are no additional burden for processing to our residents who have gone through the program. COUNCIL MEETING 14 MAY 6, 2020 Council Chair Kaneshiro: The total principal we were able to allocate to residents was about two hundred seventy five thousand dollars ($275,000) in total? Mr. Dahilig: That is correct. Council Chair Kaneshiro: Okay, thank you. It is good to know that we have great partners helping us with that. Councilmember Chock then Councilmember Cowden. Councilmember Chock: Just a follow-up to Councilmember Kagawa's question on the reimbursement options that you talked about, Mike. Mr. Dahilig: Yes. Councilmember Chock: I am curious about the variable about making that decision. Maybe that is a longer discussion. It would seem to me that we have this current peak, but the potential for us to open and then go back into an emergency situation down the line is there. That could occur given another breakout. I am just curious as to the accessibility of these reimbursements and which one would satisfy our needs for our current need and also moving forward. Is there anything to be considered in making that decision? Mr. Dahilig: That is one of the reasons that we are asking for reauthorization at this point. There are so many variables out there concerning whether or not there is going to be a second wave of disease or whether there is going to be postal service types of needs that are going to be needed going forward that we need to help triage. We still do not have the timing on exactly when the CARES Act money is going to be transmitted by the Governor. The Governor has committed already to have moneys come over. It is not specified as to what the amount is and what the date for that money to come over is. Those are the things that we are juggling at this point. In previous conversations with the Councilmembers, I know that I have raised the concern about what happens after the unemployment benefits run out. The one downside of the CARES Act money is that it needs to be expended by December 31, 2020. It does not provide a large window for us to be able to look at having that money be stretched over a long period of time. That is by design. The Federal government wants these moneys to be pumped into the economy now. I apologize that I cannot give you more considerations to add to your question. Those are the variables that we are entertaining right now. The one upside of asking for the FEMA money is that it comes out of a different pot versus the CARES Act money that is cash on demand already. Councilmember Chock: Thank you. I have a second question. Mike, you spoke about encumbered funds and the need for us to look at the biggest need being food. The other areas are sort of being cared for. I am wondering in regards to that need and how we have been dispersing...how have we been determining or vetting the need for that kind of support to ensure that those who need the services the most are getting them? Based on where we are with this current amount of budget that we have, how long do you think we will be able to support that need moving in to the end or May 31st period? COUNCIL MEETING 15 MAY 6, 2020 Mr. Dahilig: That is a good question. I will say that based off of where we started with some of the food programs, our concern was more on the supply side. We had shut down our farmers markets and hotels were shutting down. There was a glut of fish that was on the market. There were a lot of kupuna who were told at that time to not leave their homes. The supply side was the focus on maintaining the food supply chain. As it evolved over time to where now on the demand side that we are having issues with the public not being to afford the food, that shift has ultimately led to the County looking into partnerships with the Kaua`i Independent Food Bank and the Hawai`i Foodbank. Both of them are coming together and we are going to start this Saturday already, issuing food packets to the public. To give you a flavor of what the cost of that will be, approximately fifty (50) pounds of food and five hundred (500) of those packets are going to be costing us about twenty five thousand dollars ($25,000) every Saturday. That is with community partnerships with Alaska Airlines and other contributors as well. Food is very broad at the scale of need and the ability to be able to meet it. The issue with food is when you look at how much is going to be needed over the long-term, I am not sure how from a policy standpoint, the Council wants to look at long-term budgeting for this. The authorization we are going to be asking from you will likely not cover or sustain that for food. We understand that. As a triage is that we are trying to get people on the unemployment rolls right now, we are trying to get this out where we can to get people enough time to feed their families and get on the unemployment rolls. Councilmember Chock: Just a last question on that. Out of the twenty five hundred dollars ($2,500) per event that is forthcoming, how many people do we intend to feed from that. Councilmember Cowden: Twenty five thousand dollars ($25,000). Councilmember Chock: I am sorry, twenty five thousand dollars ($25,000). Mr. Dahilig: This is by household. Five hundred (500) households is what we are trying to target each Saturday. That is going to be moving around the island. The first Saturday will be at Vidinha Stadium. Then it will be moving around the island with the last feeding at the end of May on the North Shore, likely in Wainiha or Ha`ena. What we are doing as a throttle is that we are requiring proof of applying for unemployment, proof of having Supplemental Nutrition Assistance Program (SNAP) benefits, et cetera. There is an actual list that we have already been pushing out to the public on what they are going need to provide. We want some proof so that we are not ending up with people who are grabbing it just because it is free. There are a number of ways where we are asking people to help identify to us that they are actually in need. Councilmember Chock: Thank you. COUNCIL MEETING 16 MAY 6, 2020 Council Chair Kaneshiro: The CARES Act moneys, are we able to use some of those moneys for feeding the community with these types of programs? Or is that not possible? Mr. Dahilig: Can you repeat the question? Council Chair Kaneshiro: Are we able to use the CARES Act moneys for these types of programs? Mr. Dahilig: Yes, we are able to use the CARES Act moneys for these types of programs. I can send a link to Council Services concerning the eligible expenditures under the CARES Act for State and local expenditures out of that particular fund. There are also moneys available in that fund to cover some operational costs. In our budget transmittal that we are sending you on Friday, we are going to highlight that as an option for looking at keeping together the budget. Again, that is with the caveat that we currently do not have an amount and we do not have a date. All we have right now is that we have a commitment from the Governor that we are going to get some funds. Council Chair Kaneshiro: Thank you. Councilmember Cowden. Councilmember Cowden: I just want to pull it back for a moment to that two hundred thousand dollars ($200,000) that we loaned out. Thank you so much for that. I am confused in how the one million dollars ($1,000,000) from the Chan Zuckerberg Foundation flowed in to that. Maybe the seventy five thousand dollars ($75,000) came from that? If we are getting their money and we put two hundred thousand dollars ($200,000) in, are they the seventy five thousand dollars ($75,000)? It does not sound like there was a match. How are they going in to that number, since that is our money? Mr. Dahilig: Just to confirm, the one million dollars ($1,000,000) figure that the Chan Zuckerberg Foundation gave to Kaua`i was for overall Kaua`i initiatives. It was not particularly for this specific program. Two hundred fifty thousand dollars ($250,000) of the Chan Zuckerberg money went over to Wilcox Health to help shore up their emergency triage response to the epidemic. The remaining seven hundred fifty thousand dollars ($750,000) was given to the Hawai`i Community Foundation and is being distributed to organizations like Aina Ho`okupu 0 Kilauea as well as this initiative. That is where specifically, one hundred thousand dollars ($100,000) out of that remaining seven hundred fifty thousand dollars ($750,000)in the Chan Zuckerberg Foundation gift was gifted over to this particular program. Councilmember Cowden: So if I added these numbers up, I got three, four, five six...that is all County money. I do not understand where the Chan Zuckerberg Foundation money comes in here. That is our six hundred and twenty five thousand dollars ($625,000). COUNCIL MEETING 17 MAY 6, 2020 Mr. Dahilig: The question was how much was actually given to residents. Councilmember Cowden: This is all our money on this page, correct? Mr. Dahilig: Yes, that is all our money. We are not actually managing the distribution of the loans. That is being done through Hawai`i Community Lending. Councilmember Cowden: Correct. I got that. I am just wondering why we are crediting the Chan Zuckerberg Foundation when it is our money. You said just the interest and the loan fees. Mr. Dahilig: Two hundred thousand dollars ($200,000) was what we put towards the principal. There was more money that was paired with that as a partnership. Councilmember Cowden: Okay. Mr. Dahilig: I was responding to a question about how much was actually given out to residents through the program. Councilmember Cowden: Okay, that is two hundred seventy five thousand dollars ($275,000). I appreciate it. I just continue to be very concerned for what were strong businesses and strong family-businesses that many are likely multi-generational businesses are going to stay continuing. We want to hope that we are able to help them somehow. That will be a big issue if we lose our community businesses. Thank you. Mr. Dahilig: Understood. Council Chair Kaneshiro: One more question, then Councilmember Evslin has a question. Regarding this program on the West Side, are we looking to expand that program elsewhere around the island? Mr. Dahilig: We have been approached by other fishermen. What we have instructed them to do is that they need to be sure that they have a nonprofit that they can partner with that has a distribution chain that is able to screen need. So far, we have not been able to get confirmation that some of these people that have approached us or some of these fishermen has that in place. We are open to having those discussions with them. Part of what we are seeing is a need on our end, based on the Kekaha model is that there has to be a distribution chain as well as a degree of accountability that the nonprofit is willing to take on to ensure that the food is going to the people who need it. COUNCIL MEETING 18 MAY 6, 2020 Council Chair Kaneshiro: Okay, thank you. Councilmember Evslin. Councilmember Evslin: Thank you Mike and Mayor Kawakami for being here today and for answering our questions. I have a quick comment and then I have a question. I really appreciate the support of the Hawai`i Community Foundation, the Kekaha program, and the low-interest loan program. I think that is money very well spent. I would also appreciate this information with some subtotals so that we can see how much was spent on meals, how much for community services, how much for personal protective equipment (PPE), et cetera. Are you expecting the rate of expenditures to start declining? It looks like we spend a few hundred dollars on meals per day and what we are spending on overtime. Are you expecting that to go down or hold steady going forward? Mr. Dahilig: We expect that to go down significantly. Having zero (0) incidents of disease, the emergency operation is significantly being pared down.We used to be a 6:30 a.m.to 6:30 p.m.type of operation rhythm at a Level 2. For comparison purposes a Level 1 activation is twenty four (24) hours. We have been running at a Level 2 operation for pretty much from the early morning until the afternoon. That is significantly going to drop down. The amount of personnel within the EOC has been drawn down significantly. Part of the need that necessitates the need for the food for the National Guard, first responders, et cetera in the EOC is that the operational rhythm is not dictated by us. We are either responding or the Governor's Office will call daily meetings at 11:00 a.m. and they are going to run into the afternoon. Those are the considerations that we have to deal with. We want our team to focus on response rather than trying to figure out how to run out and run back in. We have to have everyone there at the same time to be able to do things. We expect the overtime to go down. We expect the EOC expenditures to go down. It looks like we are going to be minimizing, and the State is also minimizing the daily video conferences. That is going to go down as well. We know that those expenditures should be drawing to a low-level state rather than at the high state that you saw early on in the response. Councilmember Evslin: Thank you. It would be useful if you could break it down into the amount of expenses per week so that we could see that over time. I believe it looks like it went through the 15th. It looks like there are still two (2) weeks of expenses that are not in here. Mr. Dahilig: We can certainly do that. Just for clarification purposes for the Council, I do want note that we rushed out the payroll information for the end of the payroll period for April 15th. There will be payroll data that still has to be included from April 16th to at least May 9th should the Bill not move forward. Councilmember Evslin: Okay. About eighty percent (80%) or more of your food expenses are local, but there are a number of fast food expenses. I know it might depend on how quick you need to get it and what is nearby. For me, I would personally like to see as much as possible the support for our locally-owned food establishments. COUNCIL MEETING 19 MAY 6, 2020 Mr. Dahilig: That is understood. What has become challenging is that there are not a lot of choices. We are having to pre-order and what we are pre-ordering is pretty much two-thirds of what we would see as our normal operational rhythm. Normally, we would be able to take a count to grab and order. We do not have that capacity right now, because the amount of establishments are either low on supplies or they have shut down. What we thought would be a prudent measure would be to say that we are only going to order two-thirds that amount of that in order to make sure our guys are fed well and working at their desk. Councilmember Evslin: I understand that there would be situations where it would be difficult to get things. Thank you again for the summary and I look forward to examining this further. Council Chair Kaneshiro: Councilmember Kuali`i. Councilmember Kuali`i: Back to the social services amount. You might have said it and I may have missed. What is the one hundred thousand dollars ($100,000) for KGEFCU? Mr. Dahilig: That is a program that we are standing up right now to help leverage funds for those small businesses that have not been able to get on to the PPP. We are helping to leverage approximately five hundred thousand dollars ($500,000) in funding that will go to the small businesses to be able to provide those gap resources if they were not able to get it through the PPP. Councilmember Kuali`i: By chance, are you working with the Kaua`i Chamber of Commerce? Mr. Dahilig: I believe that the Chamber is involved in the conversation. Let me confirm for you how deeply they were involved in the program itself. Nalani has been working on it in consultation with Mayor Kawakami. We can forward you more details. She should actually be here for another conversation with the Council. I will text her to get that information. Councilmember Kuali`i: Thanks. A little higher, it states "Motorola Solutions" for one hundred thousand dollars ($100,000)—one hundred thousand one hundred eighty dollars and fifty six cents ($100,180.56). Mr. Dahilig: Those expenses are as a result of the need to pull the National Guard onto Police and Fire's radio systems. Since they are assisting with quarantine wellness checks as well as monitoring of our two (2) air fields to deter people from trying to sneak into the air fields, we needed to make sure that those approximately one hundred fifty (150) guardsmen or one hundred twenty five (125) guardsmen on island were equipped. COUNCIL MEETING 20 MAY 6, 2020 Councilmember Kuali`i: There are two (2) line items related to that. One hundred thousand one hundred eighty dollars ($100,180) and one hundred eleven thousand five hundred forty nine dollars ($111,549). Mr. Dahilig: I can try to get more details on exactly what type of equipment and how much of each equipment was provided to the National Guard. I do not have that level of detail on that particular spreadsheet. Councilmember Kuali`i: Okay, thank you. Council Chair Kaneshiro: Councilmember Kagawa. Councilmember Kagawa: The first time I asked you for a breakdown of expenses and a projected budget when the first two million dollars ($2,000,000) was approved, you said you did not know at the time and we are heading into new grounds. Now we have been into this pandemic for over a month and we have spent over half of it. Do we have a projected budget going forward for the remainder of the funds? Mr. Dahilig: Of the remainder, here are two (2) things that we can anticipate. Because the curfew is being lifted and there are movement restrictions that are being loosened,we can anticipate that a lot of the previous overtime for patrols can be drawn down. That can now be absorbed by our regular budget. In terms of emergency operations within the EOC, those labor costs should be drawn significantly. Although at this point in time between eight and nine percent (8%-9%) of the overall expenditure to this date have only been to labor, that should be drawn down significantly. The one caveat I will say is that if we do end up with another spike in disease over the next sixty (60) days, then the labor costs will go back up significantly. That is the only caveat that I will say. If we continue on-course, budget-wise, the remainder of the moneys should not be heavily leaning towards labor costs. What we would expect the high lean on, because we have already taken care of equipment and supplies, is really the social services element. Predominantly over the next sixty (60) days, that will be what the bulk of the expenditures will lean towards. We know that although we are at zero (0) with incidents of disease, if we do end up with a spike, that could change the anticipated resourcing picture. Councilmember Kagawa: We have cafeterias that are doing free lunches and breakfasts for the children at various schools. When I ask them how that is going, they say some days they do not have enough and some days they have a lot left over. It is really hard to gauge how consistent those numbers are in terms of how many people are going to show up on any given day. We have the concern that Kekaha has their program together. They have the nonprofit and program, but what about the other areas? Has the State tried to coordinate things a little better? Perhaps if we put things together...even on the recent Saturday meal program, it was so crowded that they ran out of food at the Puakea Golf Course. Everyone wants to pick up. You go back and COUNCIL MEETING 21 MAY 6, 2020 think about it, there are people that really need it that are picking up and there are people that can actually afford it that are just taking the free opportunity. Are we hitting the true need when some of those in true need are not getting anything in the end? With no cases on Kaua`i for I do not know how long and with military presence, let us funnel our efforts with the Kaua`i Emergency Management Agency (KEMA) towards this food concern. How do we not only have something functioning well in Kekaha, but in the other areas there are people in need in all areas of the island? That way we can take care of the fishermen who no longer have their buyers to buy, but they can still keep going and remain sustainable. I would like to see a little more with that. Even with the lunches at the cafeterias. They should open it up to give to adults in need if there is a big demand. I would be pretty upset if I hear that they are throwing away the food. If we have so much need and we can give out everything on the heavy days, we should coordinate with the State a little better to put our heads together and try make sure that we are not wasting resources. I think it will take a little more coordination on that end. I know it is not easy. It is not easy. That takes a crystal ball to know how many people are in need and how many are taking free plates when they can afford to buy it. It is not easy. I am just saying that we should look to improving if possible. I do not like receiving texts complaining about not getting the same treatment in Lihu`e or other places. Go ahead. DEREK S.K. KAWAKAMI, Mayor: Yes. That is a really good point. It is a really big challenge that we have been addressing. A few of the things that we have been doing proactively...this transitions over to prior Administrations, is we have been pushing Community-Based Resiliency Programs so that these unique communities can organize and respond and be proactive as far as disaster preparedness well in advance. We have Hanapepe and `Ele`ele that were certified. The North Shore has been well-versed as far as that community-based resiliency. Kekaha, being a close-knit community, they certainly know their community better than we would from the broad perspective of government. That has been activated and continues to be pushed. On our first food distribution or food box distribution this Saturday at Vidinha Stadium there are a number of parameters that we are requiring as a proof of hardship. I can certainly get to that list. If folks do not have any of these above requirements, they should be prepared to explain the hardship that they are going through. We are fully aware that there are during times of disaster, there are tendencies for people to hoard resources. We are trying to avoid that. Some of the things that we are requiring are, a proof of severance from the employer, proof that they have tried to get into the unemployment system that is being managed by the State, et cetera. To the best of our abilities, we are setting up a system of checks and balances to make sure that the folks that are most in need are currently getting the resources that we are all gathering to provide during this difficult time. Thank you, Vice Chair. Councilmember Kagawa: Thank you. COUNCIL MEETING 22 MAY 6, 2020 Council Chair Kaneshiro: Councilmember Chock, then Councilmember Cowden. Nothing? Councilmember Cowden. Councilmember Cowden: I do not want to hold it real tight here on this point, but for more than month, we have had a program intending to feed people from Wailua, north. It was focused mostly on the people on the East Side, but somewhat to the northeast. We cannot get any response. We were able to talk to the Hawai`i Community Foundation with Councilmember Chock's help, but we still do not get any real push in any element. I do not understand why. Maybe there could be some way that it could be shown or at least a response given as to why certain programs are not acceptable when other ones are. When you look at the measure that it is bumping up against, it is a little bit hard to understand. There are a lot of different churches willing to help. O`ahu has been helping with their Malama Meals program. There are a lot of stuff coming together. I would like to at least see something on the internet where the different churches or families that want to provide food for people can see who is doing what so there is not duplication in some areas. It seems like Wailua going north, we are on our own. It feels like it is being left to the citizens to be putting it out. Mayor Kawakami: Thank you Councilmember Cowden. That is duly noted. We will double-check with our nonprofit partners. We managed work assignments to the various nonprofits and volunteer groups. The one thing we learned during the "RAIN 18" (April 2020 flooding) event is coordinating the volunteer groups does require an essential "nervous system" to help manage that type of incident that you are bringing up. That is why we have the Volunteer Organization Activated in Disasters (VOAD) to sort of be the clearinghouse of information and dissemination of information, and also gathering data. We will go back to our EOC and to our Incident Command Team, and we will reach out and get a report on that information that you are providing. Councilmember Cowden: Okay, thank you. Council Chair Kaneshiro: Any further questions from the members? Councilmember Chock. Councilmember Chock: It was brought up that the meals that are occurring at the schools on a daily basis, with summer coming, are we aware of whether that program is going to continue or end? SCOTT K. SATO, Deputy County Clerk: They are reconnecting. Councilmember Chock: Okay. Councilmember Kagawa: You have to tell them that we cannot hear them. COUNCIL MEETING 23 MAY 6, 2020 Mr. Sato: They are dialing in right now. Councilmember Kagawa: Okay. Mayor Kawakami: Can you folks hear us? Councilmember Kuali`i: Now we can. Mayor Kawakami: Sorry about that. That is why they keep me away from pushing too many buttons. Councilmember Chock: There was just a question if we know, in coordination with the Department of Education (DOE), and the meals that they are supporting, whether that is going to continue into the summer or not. Mayor Kawakami: I will go and check with Bill Arakaki and get an update on that. Councilmember Chock: I appreciate it Mayor, thank you. Council Chair Kaneshiro: Any further questions from the members? Councilmember Kagawa. Councilmember Kagawa: This does not really pertain to this, but I would like to ask for a personal privilege. When is the County projecting to open up the Drivers License Division, Motor Vehicle Registration, et cetera. I just received a question about that. I thought it might be nice to have a rough estimate. Mr. Dahilig: We are slowly trying to reestablish counter service to ensure that we have safety measures in place. The first one we started off with was the Building Division. That was on Monday. Plexi-glass and those types of things have been put in to help the service window. That is in tandem with the lapse of the restrictions on construction. We want to make sure we can get permitting out and get construction going at a normal pace. We are looking at possibly May 18th to start bringing in more counter service. Exactly how much? We are still working to ensure that the Plexi-glass windows are installed on our counter spaces in those areas. We are already trying to ramp that up and make sure we have the proper PPE for some of our counter service employees to start opening up. Councilmember Kagawa: Thank you. Council Chair Kaneshiro: Before we go too far along this line of questioning, I think it might be appropriate to ask these types of questions on the next item regarding the 4-10 work schedule in our Special Council Meeting. Do we have any further questions regarding the Emergency Bill? Councilmember Chock. COUNCIL MEETING 24 MAY 6, 2020 Councilmember Chock: Sorry, this is right in-between. Along the lines of opening back up, I think there is a lot of anxiety in the community about us going into the summer. The County's Summer Fun program is probably one of the bigger programs on the island. I know it is sort of high-risk for us. I am curious if we are projecting to make a determination on if we are going to move forward or not so people can start to plan accordingly. I am curious to hear if that is on the table. Mayor Kawakami: Thank you for the question. As you may know Patrick T. Porter is our Operations Branch Chief in the Incident Command Team. We have Wallace G. Rezentes, Jr. as the Acting Director of Parks & Recreation. They are working on the Summer Fun program understanding that it is a critical element as far as childcare and people going back to work. They are working on a revised program that is going to be scaled down to maintain social distancing and to ensure public health and safety. Councilmember Chock, the Department of Parks & Recreation is working on a plan to see that we can operate that Summer Fun program in a safe and responsible fashion. Councilmember Chock: Thank you. Mayor Kawakami: We can provide details to you as they become available. We certainly want to get those details out to the public as soon as possible so that they can prepare for it as well. Council Chair Kaneshiro: Any further questions? Thank you for answering these questions. I want to remind the members that in order for this Emergency Bill to pass, it will take every single vote, all six (6) votes to pass. Any final discussion from the members? Councilmember Kagawa. There being no objections, the meeting was called back to order and proceeded as follows: Councilmember Kagawa: Thank you. We had two million dollars ($2,000,000) to start and the Mayor did a great job in leading the way for the state. He led the way with strong measures. You can agree or disagree with bits and pieces, but you cannot argue that he did not do a spectacular job in terms of leading the state in something that we did not have a crystal ball to predict what would occur. Money-wise, my fear is that we have to think about not only the next few months, but we need to think about the coming months and years. It is going to be a very difficult question to answer. I want to see fiscal responsibility even though this is a time where you want to be aggressive with funds. It would be great if we could give every family food through the whole emergency period until we know that everything is back open, but we cannot afford that. There is no way that this County will survive trying to feed everyone. We cannot try to dictate who are the ones really in need. There are some people that have received all of their benefits. There are many that have not. Some of them received the COUNCIL MEETING 25 MAY 6, 2020 six hundred dollars ($600) a week on the Federal-side, you have another six hundred dollars ($600) on the State-side, they are getting one thousand two hundred dollars ($1,200) a week, which is for a lot of them, more than their normal paycheck. They are not working. They are getting more money now than they had previously. Do we need to feed that population? My answer is no. Now, trying to decipher with our limited County funds that we have, how do we proceed forward? And if we do proceed, how do we hit every sector of the island? Every sector of the island has those in need. It is not an easy task. It is a very tough task to be fiscally responsible and hit those in need. I am saying that if anything, we need to be more conservative, because the financial hit that we are going to be taking down the road is really going to be larger than we all think. Let us really look at this next nine hundred thousand dollars ($900,000)that we have left and let us make sure that as we go forward, that we keep this in mind. Reimbursable or not, I think if we be fiscally responsible now, we will appreciate those moves later. Certainly, you do not want to, again, provide for those that can well afford it. Everybody feels stressed by this. Everyone feels that they need something. It is not only about money. It is emotion and social stress that people are facing right now. I think what we are trying to do is give food to people that need it financially. We are trying to keep those fishermen and agricultural guys going so that they do not go bankrupt with crops and food that have no market. Those are the keys Mayor Kawakami and Mike are trying to address. Instead of this military attitude, you have already done a great job with that, but we need to now focus on how do we coordinate with the State and nonprofits on how to spend this money and really hit those in need. That is my final comment. Thank you. Council Chair Kaneshiro: Councilmember Cowden. Councilmember Cowden: I would like to thank the Mayor and the Administration for the difficulty that you have been in. You are the one who is held accountable for everything in the end. It is good that we did not have a financial hardship and a serious illness. We could have had both. Thank you for the hard work that has been done. Piggybacking on what Council Vice Chair Kagawa just said, I think we are going to see a whole next layer that is coming in behind and those are the people who in the past have been the backbone in the financially stable category. I have been going around to the parks a lot and probably talked to fifty percent (50%) of the tents. It is a change over time as to who is ending up out there in the parks. I think what we are going to find coming after that are the people who have been spending all of their savings trying to keep their employees insured, trying to keep their businesses safe, and they are going to hit a real strong wall. We are going to have a second and a third wave of financial pain. We really need to be paying attention to how we are using our money. At least for now, I am in agreement that we probably need less enforcement and more support. Council Chair Kaneshiro: Councilmember Chock. COUNCIL MEETING 26 MAY 6, 2020 Councilmember Chock: I just want to thank the Administration. Thank you, Mayor. You have stepped up and done a good job. I am happy to support this today to continue the work. It is an evolving need as we have seen. To be flexible and to look at how we can best utilize the remaining resources we have already agreed to, will continue to be an issue. Coordinating with the community and the resources that we already have, we certainly can and will not only help to feed those in need, but help to fill the gaps that we have been experiencing with the unemployment insurance issue. It has been really difficult for those who have not been able to get through. That is the gap that I think we are going need to support. Anything that we can do to make sure that happens I am happy to support. Council Chair Kaneshiro: Councilmember Kuali`i. Councilmember Kuali`i: I too want to say thank you and mahalo nui loa for the work that you are doing. I think it is really important. You had mentioned that the CARES Act funding will have to be spent before December 31, 2020, and we do not have an amount or date yet from Governor Ige. I guess we just have to keep pushing him and get that as soon as we can. Along the way, if we are pretty sure that some of these expenditures are reimbursable, we should start pushing now for the reimbursement. I do not know what the process is or what is the soonest we could get some it, but I would think that these two (2) big amounts in the one hundred thousand dollars ($100,000) range for the National Guard pieces and working with KPD and the security...I would think that is something that can be reimbursed. Whether it is the CARES Act moneys or FEMA moneys, or even other Federal pots of moneys, we should be pushing that already. If we for sure get something reimbursed,perhaps we can make that money available again to put it back into something that will work for us and for our people. This is opposed to trying to go back and find additional moneys. We can use the money again. I am happy to support this today. Council Chair Kaneshiro: Councilmember Evslin. Councilmember Evslin: I am happy to support this. I just want to take a quick moment to recognize how far we have come from when you came here initially for the two million dollars ($2,000,000) authorization. We knew that it was going to be a problem on that day and we walked out and two (2) hours later the National Basketball Association (NBA) season was canceled and every day it was an exponential growth of the pandemic. Every step of the way the Administration was ahead of the curve, from that day forward. They rapidly shut us down and made sure that we stayed safe and did not see that exponential growth curve that was seen out there. I really appreciate your work, your communication to the public, and sort of rising to the occasion with your leadership. Recognizing what everyone has said already, moving forward, I hope we continue to be generous with community support. I think that anybody who is willing to stand in line for the food pantry needs the money or food. While it is certainly vital that we are not wasting money here, we need to support the community as much as we can, especially with funds that are going to be reimbursed. Any time we can leverage those moneys through other organizations to loan it to small COUNCIL MEETING 27 MAY 6, 2020 businesses to pay their employees, those moneys are going to be multiplied throughout our community. That is money well spent. From the small business perspective, the PPP really works for those who do not necessarily need it. To ensure forgiveness you have to show that it is going to those who need the most help. I think that need to also provide assistance in some capacity, whether it is low interest loans or what not... I am not sure about the ultimate solution for our businesses. I support this Bill moving forward and I support trying to get reimbursements as soon as possible. I do not know if you heard any of that. Council Chair Kaneshiro: You broke up just a little at the end,but I think we got the gist of it. Councilmember Cowden: We could hear it with effort. Councilmember Evslin: I tried to speak as slow as I could. Hopefully it came through. Council Chair Kaneshiro: Anyone else? If not, again, the Mayor has to leave by 10:15 a.m. I would like to get to the next item. Roll call vote. (No written testimony was received regarding this agenda item.) The motion to approve Proposed Draft Bill (No. 2792) pursuant to Kauai County Charter Section 4.02K, and that it be transmitted to the Mayor for his approval was then put, and carried by the following vote: FOR APPROVAL: Chock, Cowden, Evslin, Kagawa, Kuali`i, Kaneshiro TOTAL— 6, AGAINST APPROVAL: None TOTAL—0, EXCUSED & NOT VOTING: Brun TOTAL— 1*, RECUSED & NOT VOTING: None TOTAL—O. JADE K. FOUNTAIN-TANIGAWA: Six (6) ayes. Council Chair Kaneshiro: With that, I would like to recess our Council Meeting at this time. There being no objections the meeting was recessed at 9:51 a.m. The meeting was called back to order at 11:21 a.m. and proceeded as follows: C 2020-116 Communication (04/07/2020) from the Prosecuting Attorney, requesting Council approval to receive and expend Federal funds in the amount of $74,118.00, to be used for salaries/wages and supplies for the Domestic Violence Prosecution Unit, and to indemnify the State of Hawai`i, Department of the Attorney General. (Councilmember Kagawa was noted as not present at 11:22 a.m.) COUNCIL MEETING 28 MAY 6, 2020 Councilmember Kuali`i moved to approve C 2020-116, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? We did ask members that if they did have questions to request that the department head be present. No one requested anyone to be present. I believe we can move forward quickly through these. Any discussion? Councilmember Cowden. Councilmember Cowden: I would just say one thing collectively for all of these. I appreciate the effort of each individual office for getting these grants. They are doing a good job. I see a couple of items where we are doing something slightly different. I appreciate the effort. I just want to say it once to cover all items. Council Chair Kaneshiro: Anyone else? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-116 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-117 Communication(04/08/2020)from Bryson Ponce,Assistant Chief of Police, requesting Council approval to use $90,000.00 in unexpended salaries for the unbudgeted purchase of one hundred ten (110) ballistic helmets with face shields for patrol officers. Councilmember Kuali`i moved to approve C 2020-117, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-117 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-118 Communication (04/15/2020) from the Executive on Aging, requesting Council approval of the Agency on Elderly Affairs' 4-Year Area Plan on Aging(from October 1, 2019 through September 30, 2023),which serves as the blueprint and framework for the next four (4) years in the planning and development of aging services and programs for the County of Kaua`i. COUNCIL MEETING 29 MAY 6, 2020 Councilmember Kualii moved to approve C 2020-118, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? Councilmember Cowden: I just wanted to note for the record that I did read through the Plan. I was at the meeting on this Plan. They did a good job. There was a lot of work that went into this document. Council Chair Kaneshiro: Thank you. Anyone else? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-118 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-119 Communication (04/17/2020) from Troy K. Tanigawa, Acting County Engineer, requesting Council approval to indemnify the State of Hawaii as outlined in Condition No. 3 of the State of Hawaii Department of Land and Natural Resources' (DLNR)Emergency CDUP KA-20-14 letter for temporary emergency erosion control along the damaged section of Aliomanu Road in Anahola. Councilmember Kualii moved to approve C 2020-119, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-119 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-120 Communication (04/22/2020) from the Planning Director, requesting Council approval to receive and expend State funds in the amount of $49,500.00, from the State of Hawaii Department of Health (DOH) Chronic Disease Prevention and Health Promotion program, and to indemnify the State DOH, for the Supplemental Nutrition Assistance Program Education (SNAP Ed) allowable "Quick Build" Demonstration Project. Councilmember Kualii moved to approve C 2020-120, seconded by Councilmember Cowden. COUNCIL MEETING 30 MAY 6, 2020 Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-120 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-121 Communication (04/23/2020) from Troy K. Tanigawa, Acting County Engineer, requesting Council approval to apply for, receive, and expend State funds in the amount of$303,666.23, from the State of Hawai`i Department of Health (DOH), and to indemnify the State DOH for the Fiscal Year 2021 grant cycle, for the HI-5 Deposit Beverage Container program to be used to fund two (2) HI-5 Recycling Specialist positions. Councilmember Kuali`i moved to approve C 2020-121, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-121 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-122 Communication(04/23/2020) from Bryson Ponce,Assistant Chief of Police, Investigative Services Bureau, requesting Council approval to accept ongoing funding reimbursements for joint law enforcement operations relating to the Hawaii Internet Crimes Against Children (HI ICAC) Task Force via a Memorandum of Understanding(MOU)with the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP). Councilmember Kuali`i moved to approve C 2020-122, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) COUNCIL MEETING 31 MAY 6, 2020 The motion to approve C 2020-122 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-123 Communication (04/23/2020) from the Prosecuting Attorney, requesting Council approval to receive and expend an increase in funds, from $211,385.00 to $224,353.00, for contract 16-DJ-07, from the State of Hawai`i, Department of the Attorney General, to continue the Sexual Assault Prosecution Unit to June 15, 2020. Councilmember Kuali`i moved to approve C 2020-123, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-123 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-124 Communication (04/23/2020) from the Housing Director and Life's Choices Kaua`i Coordinator, requesting Council approval to apply for, receive, and expend Federal funds, in the amount of$30,000.00, to supplement the Partnership for Success grant, for prevention capacity-building activities including the Hawai`i Coalition Academy Training, Underage Drinking Prevention Youth Convention, and Statewide Substance Use Prevention Symposium. Councilmember Kuali`i moved to approve C 2020-124, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-124 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). COUNCIL MEETING 32 MAY 6, 2020 Council Chair Kaneshiro: The motion is carried. Next item. C 2020-125 Communication (04/23/2020) from Solomon K. Kanoho, Acting Fire Chief, requesting Council approval to apply for, receive, and expend a U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), Assistance to Firefighters Grant (AFG) to purchase a Raman and Fourier Transform Infrared (FTIR) system Hazardous Materials (HazMat) Spectrometer which will be used to identify solid and liquid chemicals and explosives, and is critical in maintaining the Kauai Fire Department's (KFD) response capabilities to HazMat incidents. The total budget for this project is $148,950.00 of which FEMA AFG would cover $135,409.09, and KFD would be responsible for the remaining $13,540.91, in a ninety percent/ten percent (90%/10%) cost share based on total FEMA contributions. Councilmember Kuali`i moved to approve C 2020-125, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-125 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-126 Communication (04/23/2020) from Solomon K. Kanoho, Acting Fire Chief, requesting Council approval to apply for, receive, and expend a U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA),Assistance to Firefighters Grant (AFG) to purchase a new Initial Attack Mini-Pumper apparatus for Kaua`i's rural Wildland Urban Interface (WUI) population, valued at $293,000.00 of which FEMA AFG would cover $266,363.64, and KFD would be responsible for the remaining $26,636.36, in a ninety percent/ten percent (90%/10%) cost share based on total FEMA contributions. Councilmember Kuali`i moved to approve C 2020-126, seconded by Councilmember Chock. Council Chair Kaneshiro: Any discussion from the members on this item? Councilmember Cowden. Councilmember Cowden: Do you know what that is? Is it to put out a fire? Councilmember Kuali`i: It is a pumper. COUNCIL MEETING 33 MAY 6, 2020 Councilmember Cowden: What is a pumper? Council Chair Kaneshiro: Communication C 2020-126 has a little description on what it is. It is a 4x4, 4-door crew cab, four hundred (400) gallon water storage tank, phone system, five hundred (500) gallons per minute...it has a little more detail on the actual communication. Councilmember Cowden: Okay, thank you. I must have missed that. Council Chair Kaneshiro: Councilmember Chock. Councilmember Chock: I just wanted to add that in their communication to me, this will be for the Kalaheo Fire Station. Councilmember Cowden: Okay. Council Chair Kaneshiro: Any other questions or comments? Any discussion? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-126 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-127 Communication (04/24/2020) from the Executive on Aging, requesting Council approval to apply for, receive, and expend funds, in the amount of $138,184.00, and to indemnify the State Executive Office on Aging for the Healthy Aging Contract for State Fiscal Year 2020, which will be used towards EnhanceFitness and Better Choices Better Health workshops. Councilmember Kuali`i moved to approve C 2020-127, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-127 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). COUNCIL MEETING 34 MAY 6, 2020 Council Chair Kaneshiro: The motion is carried. Next item. C 2020-128 Communication (04/24/2020) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend Federal funds, in the amount of $87,170.00, from the Coronavirus Emergency Supplemental Funding Program, for the Pastor, Police, and Pancake Program; grant funds will be shared with the Kaua`i Police Department and will be used for equipment and overtime costs in response to COVID-19 for the period January 20, 2020 through January 19, 2022. Councilmember Kuali`i moved to approve C 2020-128, seconded by Councilmember Chock. Council Chair Kaneshiro: Any discussion from the members on this item? Councilmember Cowden. Councilmember Cowden: Does this come out of the two million dollars ($2,000,000) we authorized? Is that a different piece? Council Chair Kaneshiro: This is a Federal grant. Councilmember Cowden: Okay, a Federal grant. Got it. Council Chair Kaneshiro: Anyone else? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-128 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-129 Communication (04/24/2020) from Nalani K. Kaauwai Brun, Director of Economic Development, requesting Council approval to apply for, receive, and expend funds, in the amount of $300,000.00, from the Hawai`i Farm Bureau, for the Kupuna Kare with Farmer Fare program, which benefits kupuna and farmers on Kauai. Councilmember Kuali`i moved to approve C 2020-129, seconded by Councilmember Chock. Council Chair Kaneshiro: Any discussion from the members on this item? I just want to send a huge thank you to the Hawai`i Farm Bureau. Three hundred thousand dollars ($300,000) is a lot of money. This goes towards what we have been talking about all day today, regarding social services and feeding our community. This is ensuring that farmers are getting paid for their produce that is getting to the community. It gets food to our kupuna who we have ordered to stay at home to be safe. This is a good program. I know we spent one hundred thousand dollars ($100,000) or COUNCIL MEETING 35 MAY 6, 2020 two hundred thousand dollars ($200,000) earlier in the year with our emergency funds. It was well-received. We are very fortunate that the Hawai`i Farm Bureau is giving us some money to do this. Councilmember Chock. Councilmember Chock: Thank you. I also want to thank the Office of Economic Development, as well as the Hawai`i Farm Bureau for continuing this program. There was a good response during this emergency and I would like to see it maybe even further itself in terms of providing the needs for small farmers on our island to get a better foothold for the future. One thing that has come out of this event is the need to support the local food sources. That is a big piece for us to look at for our farmers and what their needs are moving forward. I would like to see how this can continue. I am not sure in totality how the three hundred thousand dollars ($300,000) will be attributed to, but perhaps they can be creative in how they support that need moving forward with expansion. Council Chair Kaneshiro: Councilmember Cowden. Councilmember Cowden: I want to say that even as this type of project can get even stronger, it can even go towards people who are not even old, who may have challenges. The other thing that I think is a real win is that we have a win to the farmers, a win to the recipients, and the third win is that when people are eating whole, fresh foods, we are going to have a healthier community. It gives people more resilience in being able to resist this new virus, but any other problems. I like that it is helping to ensure that the food that they are eating is premium food. I am very excited about this program. Council Chair Kaneshiro: Councilmember Kuali`i. Councilmember Kuali`i: I too just want to add my gratitude to the Hawai`i Farm Bureau. This is an amazing program and I am glad we can support our farmers and our kupuna at the same time. It is a really important program. Let us remember to support the Hawai`i Farm Bureau too. They are spending their money on our community. Council Chair Kaneshiro: We see how important it is to support our local farmers. I even found my purchasing habits have changed. In the past, I would go to the grocery store and buy whatever I wanted. When available, I may go to a farmer or farmers market and purchase something for one meal. Since COVID-19 has happened and there are lines at the stores, I find myself going to the farmers first and then whatever they do not have, I try to find at the stores. I see myself continuing to do that. I hope that farmers can take advantage of that as well. They should establish a good customer base so that when the economy does come back to a little more normalcy, they have that customer base and they have that person that is going to go to the farmer first. Supporting our local farmers is huge, especially in a time like this. Councilmember Cowden. COUNCIL MEETING 36 MAY 6, 2020 Councilmember Cowden: Building on what you said, I have been making it a point to buy fish, beef, and eggs from our local ranchers and fishermen. It is easy to do. It is valuable. Council Chair Kaneshiro: Anyone else? Councilmember Chock. Councilmember Chock: If we are in final discussion, I just wanted to thank the departments for their responses to the questions that I put forth on all of these communications. Council Chair Kaneshiro: I want to thank the Councilmembers as well. With the way our meetings are going, we are trying to get a lot of our questions answered ahead of time. If there are any big questions that we need answered, then we request the department head to be here. For the most part, I believe we are able to get a lot more questions answered prior to the meeting. It limits the discussion that we need to have here and having the department heads wait until their item comes up. I just wanted to thank the Councilmembers. (No written testimony was received regarding this agenda item.) The motion to approve C 2020-129 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. LEGAL DOCUMENTS: C 2020-131 Communication (04/16/2020) from Troy K. Tanigawa, Acting County Engineer, recommending Council approval of a Grant of Easements and Transfer of Sewer Line document and the indemnity clause under Paragraph 9, to allow the Department of Public Works Wastewater Management Division to install an emergency generator adjacent to the Port Allen Sewage Pump Station. • Grant of Easements and Transfer of Sewer Line by and between the County of Kaua`i and Alexander & Baldwin, LLC and A&B Properties Hawai`i, LLC, Tax Map Key (TMK) No. (4) 2-001-003: 026, 040. Councilmember Kuali`i moved to approve C 2020-131, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? Councilmember Cowden. Councilmember Cowden: Just a simple point of gratitude to Alexander& Baldwin for being good neighbors. COUNCIL MEETING 37 MAY 6, 2020 (No written testimony was received regarding this agenda item.) The motion to approve C 2020-131 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. C 2020-132 Communication (04/24/2020) from the Housing Director, recommending Council approval of a Waiver, Release and Indemnity Agreement for Tax Map Key (TMK) No. (4) 3-8-005:028 and 029 between the County of Kaua`i and Pua Loke Housing Partners, L.P., and County of Kaua`i Board of Water Supply. The purpose of this agreement is to have the County of Kauai and Pua Loke Housing Partners, L.P. waive, release, and indemnify the Department of Water from any liability for injuries or damages that might arise during construction activities on the property as part of the permitting process, and to authorize the County Clerk to sign legal documents related to the Waiver, Release and Indemnity Agreement with the Department of Water. • Waiver, Release and Indemnity Agreement Councilmember Kuali`i moved to approve C 2020-132, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) The motion to approve C 2020-132 was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. CLAIM: C 2020-133 Communication (04/20/2020) from the County Clerk, transmitting a claim filed against the County of Kauai by Kori White, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. Councilmember Kuali`i moved to refer C 2020-133 to the Office of the County Attorney for disposition and/or report back to the Council, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? COUNCIL MEETING 38 MAY 6, 2020 (No written testimony was received regarding this agenda item.) The motion to refer C 2020-133 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 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent(not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item COMMITTEE REPORTS: A report (No. CR-PL 2020-04) submitted by the Planning Committee, recommending that the following be Approved on second and final reading: "Bill No. 2777 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DEFINITIONS (County of Kauai Planning Department, Applicant) (ZA-2016-3)," A report (No. CR-PL 2020-05) submitted by the Planning Committee, recommending that the following be Approved on second and final reading: "Bill No. 2778 — A BILL FOR AN ORDINANCE AMENDING SECTION 8-4.3(d), KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DEVELOPMENT STANDARDS FOR RESIDENTIAL STRUCTURES NOT INVOLVING THE SUBDIVISION OF LAND (County of Kauai Planning Department, Applicant) (ZA-2020-13)," Councilmember Kuali`i moved for approval of the reports, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) The motion for approval of the reports was then put, and carried by a vote of 6:0:1* (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Kaneshiro: The motion is carried. Next item. COUNCIL MEETING 39 MAY 6, 2020 RESOLUTION: Resolution No. 2020-25 — RESOLUTION CONFIRMING COUNCIL APPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND COMMISSION (Jonathan Thomas Lucas): Councilmember Kuali`i moved for adoption of Resolution No. 2020-25, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? Councilmember Kuali`i: I had a question. Council Chair Kaneshiro: Councilmember Kuali`i. Councilmember Kuali`i: Did we do an interview for him? Council Chair Kaneshiro: He did an interview at our last meeting. Councilmember Kuali`i: I am sorry. (No written testimony was received regarding this agenda item.) Council Chair Kaneshiro: Anyone else? If not, the motion on the floor is to approve. Roll call vote. The motion for adoption of Resolution No. 2020-25 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— O. (**Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Ms. Fountain-Tanigawa: Six (6) ayes, one (1) excused. Council Chair Kaneshiro: The motion is carried. Next item. COUNCIL MEETING 40 MAY 6, 2020 BILLS FOR SECOND READING: Bill No. 2777 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DEFINITIONS (County of Kauai Planning Department, Applicant) (ZA-2016-3): Councilmember Kuali`i moved to receive Bill No. 2777 for the record, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? I believe this was recommended by the Planning Department to receive this Bill. (No written testimony was received regarding this agenda item.) Council Chair Kaneshiro: Anyone else? If not, the motion on the floor is to receive. Roll call vote. The motion to receive Bill No. 2777 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— O. (**Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Ms. Fountain-Tanigawa: Six (6) ayes to receive. Council Chair Kaneshiro: Next item. Bill No. 2778 — A BILL FOR AN ORDINANCE AMENDING SECTION 8-4.3(d), KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DEVELOPMENT STANDARDS FOR RESIDENTIAL STRUCTURES NOT INVOLVING THE SUBDIVISION OF LAND (County of Kauai Planning Department, Applicant) (ZA-2020-13): Councilmember Kuali`i moved to approve Bill No. 2778 on second and final reading, and that it be transmitted to the Mayor for his approval, seconded by Councilmember Cowden. Council Chair Kaneshiro: Any discussion from the members on this item? (No written testimony was received regarding this agenda item.) Council Chair Kaneshiro: Roll call vote. COUNCIL MEETING 41 MAY 6, 2020 The motion to approve Bill No. 2778 on second and final reading, and that it be transmitted to the Mayor for his approval was then put, and carried by the following vote: FOR ADOPTION: 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— O. (**Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauai, Councilmember Kagawa was noted as silent (not present), but shall be recorded as an affirmative for the motion). Ms. Fountain-Tanigawa: Six (6) ayes. ADJOURNMENT. There being no further business, the Council Meeting adjourned at 11:43 a.m. Respectfully submitted, JADE . OUNTAIN-TANIGAWA County Clerk :ss *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). pe