HomeMy WebLinkAbout08/19/2020 Council minutes COUNCIL MEETING
AUGUST 19, 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, August 19, 2020 at 8 50 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, Sixth Supplementary Emergency Proclamation dated April 25, 2020,
Seventh Supplementary Emergency Proclamation dated May 5, 2020, Eighth
Supplementary Emergency Proclamation dated May 18, 2020, Ninth Supplementary
Emergency Proclamation dated June 10, 2020, and Tenth Supplementary Emergency
Proclamation dated July 17, 2020
APPROVAL OF AGENDA
Councilmember Chock moved for approval of the agenda, as circulated,
seconded by Councilmember Kuali`i
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item)
Council Chair Kaneshiro. Is there 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 item.
COUNCIL MEETING 2 AUGUST 19, 2020
MINUTES of the following meetings of the Council
August 5, 2020 Council Meeting
August 5, 2020 Public Hearing re. Bill No 2775, Draft 2 and Bill No 2795
Councilmember Kualfi moved to approve the Minutes as circulated, seconded
by Councilmember Cowden
(No written testimony was received and no registered speakers requested to
testify regarding these agenda items.)
Council Chair Kaneshiro Is there any discussion on the Minutes from
the members?
The motion to approve the Minutes, as circulated, was then put, and carried
by a vote of 6.0.1*
Council Chair Kaneshiro The motion is carried.
CONSENT CALENDAR
C 2020-200 Commumcation (07/13/2020) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee Jennifer Carter to the Civil
Service Commission—Term ending 12/31/2022
C 2020-201 Communication (07/31/2020) from Council Chair Kaneshiro,
providing written disclosure of a possible confhct of interest and recusal relating to
C 2020-196, relating to a donation of gift certificates from Grove Farm Foundation,
valued at $10,000 00, to help Kaua`i's kupuna in need of assistance, as he is a Project
Manager employed by Grove Farm Company, Inc
C 2020-202 Commumcation (08/11/2020) from Councilmember Chock,
transmitting for Council consideration, the following measure for inclusion in the 2021
Hawaii State Association of Counties (HSAC)Legislative Package and the 2021 County
of Kauai Legislative Package.
• A Bill for an Act Relating to Registration of Vehicles, to amend Hawai`i
Revised Statutes (HRS) Section 286-52, by enhancing the vehicle transfer
process requiring both the transferor and transferee to appear in person
to execute the transfer, which will better protect both parties from fraud
and ensure that Counties keep current and accurate records of vehicle
transfers and ownership.
Councilmember Kuali`i moved to receive C 2020-200, C 2020-201, and
C 2020-202 for the record, seconded by Councilmember Chock
Council Chair Kaneshiro. Is there any discussion from the members on
the Consent Calendar?
COUNCIL MEETING 3 AUGUST 19, 2020
(No written testimony was received and no registered speakers requested to
testify regarding these agenda items)
The motion to receive C 2020-200, C 2020-201, and C 2020-202 for the record
was then put, and carried by a vote of 6 0.1*.
Council Chair Kaneshiro. The motion is carried Next item.
COMMUNICATIONS
C 2020-203 Communication (07/30/2020) from the Housing Director,
requesting Council approval to apply for, receive, and expend Federal funds, in the
amount of $144,000 00, and approval to indemnify the United States Department of
Housing & Urban Development (HUD), for the continuation of the two (2) Housing
Choice Voucher Family Self-Sufficiency (HCVFSS) Program Coordinators' salaries and
fringe benefits
Councilmember Kuah'i moved to approve C 2020-203, seconded by
Councilmember Chock.
Council Chair Kaneshiro Is there any discussion from the members on
this item? Councilmember Cowden
Councilmember Cowden. Just a quick question This is a continuation of
a job position we already have funded, is that correct?
There being no objections, the rules were suspended
ADAM P ROVERSI, Housing Director This is Adam Roversi, the
Housing Director Correct, I believe this is the fifth or sixth year that we have received
this grant from the federal government and it funds all of one (1)position at the Housing
Agency and a portion of another There are two (2) staff members who work with the
Housing Choice Voucher Family Self-Sufficiency (HCVFSS) program
Councilmember Cowden Okay, thank you I think it is an excellent
program I just want to acknowledge its continuance and thank you
Council Chair Kaneshiro Are there any further questions from the
members
There being no objections, the meeting was called back to order, and proceeded
as follows.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
COUNCIL MEETING 4 AUGUST 19, 2020
The motion to approve C 2020-203 was then put, and carried by a vote of 6 0 1*
Council Chair Kaneshiro The motion passes Next item.
C 2020-204 Communication (08/05/2020) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds, for the third, fourth,
and fifth allotments in the amount of$30,725 00 for Fiscal Year 2020 (total amount of
funds including the previous approved awards is $39,517 00), and to indemnify the
State Executive Office on Aging, for the Nutrition Services Incentive Program (NSIP)
provision of congregate and home-delivered meals.
Councilmember Kuah`i moved to approve C 2020-204, seconded by
Councilmember Chock
Council Chair Kaneshiro Are there any questions from the members?
Is there any discussion from the members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to approve C 2020-204 was then put, and carried by a vote of 6.0 1*
Council Chair Kaneshiro. The motion is carried Next item
C 2020-205 Communication (08/05/2020) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance to amend Chapter 5A
of the Kaua`i County Code 1987, as amended, relating to real property tax and
requirements for the home exemption
Councilmember Kuali`i moved to receive C 2020-205 for the record, seconded by
Councilmember Chock
Council Chair Kaneshiro. We will be taking this item later today as a Bill
Is there any discussion from the members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion to receive C 2020-205 for the record was then put, and carried by
a vote of 6.0.1*
Council Chair Kaneshiro The motion is carried Next item
COUNCIL MEETING 5 AUGUST 19, 2020
LEGAL DOCUMENT
C 2020-206 Communication (07/15/2020) from Troy K. Tanigawa, Acting
County Engineer, requesting Council acceptance of a gift of land and approval of the
corresponding Dedication Deed, from Lihu`e Court Townhomes Corporation to the
County of Kaua`i, for a non-taxable road or right-of-way, located at the eastern end of
Hoala Street, Lihu`e, Hawai`i, Tax Map Key (TMK) No (4) 3-6-003.050.
• Dedication Deed
Councilmember Kuah`i moved to approve C 2020-206 with a thank-you letter to
follow, seconded by Councilmember Chock.
Council Chair Kaneshiro Are there any questions from the members on
this item9 Is there any discussion from the members
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item)
The motion to approve C 2020-206 with a thank-you letter to follow was then
put, and carried by a vote of 6.0.1*
Council Chair Kaneshiro The motion is carried Next item.
CLAIMS.
C 2020-207 Communication (08/06/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Jason P Same, for damage
to his vehicle, pursuant to Section 23 06, Charter of the County of Kaua`i
C 2020-208 Communication (08/07/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Normandie Yadao, for
damage to his vehicle, pursuant to Section 23 06, Charter of the County of Kaua`i
Councilmember Kuah`i moved to refer C 2020-207 and C 2020-208 to the Office
of the County Attorney for disposition and/or report back to the Council,
seconded by Councilmember Chock.
Council Chair Kaneshiro Is there any discussion from the members?
(No written testimony was received and no registered speakers requested to
testify regarding these agenda items)
The motion to refer C 2020-207 and C 2020-208 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*.
COUNCIL MEETING 6 AUGUST 19, 2020
Council Chair Kaneshiro The motion is carried Next item
COMMITTEE REPORTS.
PUBLIC WORKS & VETERANS SERVICES COMMITTEE.
A report (No CR-PWVS 2020-02) submitted by the Public Works & Veterans
Services Committee, recommending that the following be Received for the Record.
"PWVS 2020-02 — Communication (07/06/2020) from Committee Chair
Kagawa, requesting the presence of the Acting County Engineer, to provide a
briefing on concerns related to the Solid Waste Division's overtime and the
managerial efforts being made to reduce overtime costs,"
Councilmember Kuali`i moved for approval of the report, seconded by
Councilmember Chock
Council Chair Kaneshiro Are there any questions or discussion on this
Committee Report9
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item)
The motion for approval of the report was then put, and carried by a vote of
6 0 1*
PARKS & RECREATION / TRANSPORTATION COMMITTEE•
A report (No CR-PRT 2020-01) submitted by the Parks & Recreation /
Transportation Committee, recommending that the following be Received for the
Record.
"PRT 2020-01 — Communication (07/07/2020) from Councilmember
Cowden, requesting the presence of the Director of Parks & Recreation, to
provide a briefing on the erosion damage occurring to the Ke Ala Hele Makalae
multi-use path, including the location of current damage, anticipated damage,
estimated repair and mitigation costs, future mitigation strategy, and
respective timelines,"
Councilmember Kuali`i moved for approval of the report, seconded by
Councilmember Chock
Council Chair Kaneshiro. Is there any discussion from the members on
this item9
COUNCIL MEETING 7 AUGUST 19, 2020
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for approval of the report was then put, and carried by a vote of
6 0 1*
PLANNING COMMITTEE
A report (No CR-PL 2020-07) submitted by the Planning Committee,
recommending that the following be Approved on second and final reading.
"Bill No 2794 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 10, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO ENFORCEMENT, LEGAL PROCEDURES, AND PENALTIES,"
Councilmember Chock moved for approval of the report, seconded by
Councilmember Kuali`i
Council Chair Kaneshiro. Is there any discussion from the members on
this item?
Councilmember Cowden This is coming up later, right? Bill No. 2794.
Council Chair Kaneshiro Yes, for second reading.
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for approval of the report was then put, and carried by a vote of
6.0.1*.
PUBLIC SAFETY & HUMAN SERVICES COMMITTEE
A report (No CR-PSHS 2020-03) submitted by the Public Safety & Human
Services Committee, recommending that the following be Received for the Record.
"PSHS 2020-02 — Communication (07/24/2020) from Committee Chair
Cowden, requesting the presence of the Housing Director, the Director of Parks
& Recreation, the Chief of Police, the Emergency Management Administrator,
and the Executive on Transportation, to provide a briefing regarding "Hale
Kokua" initiatives to assist the houseless and emergency shelter resources,"
Councilmember Kuali`i moved for approval of the report, seconded by
Councilmember Chock
Council Chair Kaneshiro Is there any discussion from the members on
this item9
COUNCIL MEETING 8 AUGUST 19, 2020
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for approval of the report was then put, and carried by a vote of
6.0 1*
COMMITTEE OF THE WHOLE.
A report (No CR-COW 2020-18) submitted by the Committee of the Whole,
recommending that the following be Received for the Record.
"COW 2020-07 — Communication (07/10/2020) from Councilmember
Kagawa, requesting the presence of the Mayor and the Managing Director, to
provide a briefing to discuss what each County department/agency is doing to
address pension spiking,"
Councilmember Chock moved for approval of the report, seconded by
Councilmember Kuali`i
Council Chair Kaneshiro Is there any discussion from the members on
this item
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item)
The motion for approval of the report was then put, and carried by a vote of
6.0.1*
Council Chair Kaneshiro The motion is carried. Next item.
RESOLUTIONS
Resolution No 2020-33 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Jennifer Carter)
Councilmember Kuali`i moved for adoption of Resolution No 2020-33,
seconded by Councilmember Chock
Council Chair Kaneshiro. Is there any discussion from the members on
this item
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
COUNCIL MEETING 9 AUGUST 19, 2020
The motion for adoption of Resolution No 2020-33 was then put, and carried
by the following vote
FOR ADOPTION. Chock, Cowden, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL — 6,
AGAINST ADOPTION None TOTAL— 0,
EXCUSED & NOT VOTING• Brun TOTAL— 1*,
RECUSED & NOT VOTING None TOTAL— 0
Ms Fountain-Tanigawa Six (6) ayes
Council Chair Kaneshiro• Next item
Resolution No 2020-34 — RESOLUTION APPROVING A STATE BILL
RELATING TO REGISTRATION OF VEHICLES FOR INCLUSION IN THE 2021
COUNTY OF KAUAI LEGISLATIVE PACKAGE AND THE 2021 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE
Councilmember Kuali`i moved for adoption of Resolution No 2020-34,
seconded by Councilmember Chock
Council Chair Kaneshiro• This is an item that we have been putting on
the Hawai`i State Association of Counties (HSAC) package for a few years now and I
will have Councilmember Chock give us a brief explanation on it.
Councilmember Chock Thank you, Chair I have invited
administrative representatives who are part of the Abandoned/Derelict Vehicle Task
Force, this particular item has come as a result of their work in trying to address the
transferer and transferee challenges that we have experienced. This is one (1) of
three (3) packaged items, two (2) more that I intend to introduce come the
September 9th meeting to address, holistically, some of the challenges. The next two (2)
on September 9 are the ones that we have done in previous years. This one as you know,
we have tried to introduce a bill, it was received, in order to readdress it and some of
the concerns. Chief Todd G Raybuck and Assistant Chief Mark N Begley, Jenna
Tatsey, Reiko, and everyone else on the Task Force has been working towards this
Resolution. Chair, if you would like them to provide what we are proposing, I would be
open to that.
Council Chair Kaneshiro. Yes Chief Raybuck, were you going to give an
overview of this?
There being no objections, the rules were suspended.
COUNCIL MEETING 10 AUGUST 19, 2020
TODD G. RAYBUCK, Chief of Police Aloha, Chair Kaneshiro and members of
the Council Chief Raybuck, for the record First and foremost, I just want to send my
appreciation to Mayor Derek S K Kawakami for assembling the Task Force to deal
with the abandoned and derelict vehicle problem here on Kaua`i, and of course,
Councilmember Chock for chairing that Task Force and for all the work he helped to
coordinate to get this Bill to where it is today. As he mentioned already there were
some key partners in this Task Force that assisted us in coming together with some
resolutions to try to resolve the gaps and the issues that we see and believe are causing
some of the abandoned and derelict vehicle problems on the island, that would be
Finance Director Reiko Matsuyama, Nicholas Courson who was a key architect in
helping us draft this legislation, the other committee members—including from the
Office of the County Attorney, Jenna Tatsey, and then of course Assistant Chief Mark
N Begley,who oversees the patrol operations and really has worked hard with his team
to focus in on, address, and remove the abandoned and derelict vehicles that we are
seeing I will allow Assistant Chief Begley to opine and speak, if necessary, or if anyone
has questions for him Excuse me, but I support this proposal. I think it will help us
close the gap that occurs when there is a transfer of a vehicle from the seller to the
buyer. I just was out with patrol last week and on several occasions, we did registration
checks on vehicles, which came back with transfer in process, which means we are
unable to know who really is the registered owner of that vehicle or who is the
responsible party financially for that vehicle This bill will help us close that gap and
give law enforcement the ability to hold people accountable when they do abandon or
drop off their vehicles, as well as an officer's safety issue, so we know who the registered
owner of the vehicles are There are many other positives in this Bill, which are
included in the proposal that I think will assist us. If there are no questions for me, I
will open the floor for Assistant Chief Begley to provide any testimony he may have and
I just want to say thank you for hearing us this morning
Council Chair Kaneshiro Thank you. Mr. Begley, did you have anything
to add?
MARK N BEGLEY, Assistant Chief. I am available to answer any questions
that any Councilmembers may have
Council Chair Kaneshiro. Okay
Mr Begley I think the Bill speaks for itself I think the
Councilmembers are familiar with the issues that have been occurring and how this
Bill proposes to address those issues
Council Chair Kaneshiro• This Bill is basically going to have...if you sell
a vehicle you have to go into the County building and both the seller and the buyer are
going to have to sign the papers in front of a County employee and if they cannot do
that, then they are going to have to certify and notarize a form that they are the actual
COUNCIL MEETING 11 AUGUST 19, 2020
buyer or seller. Again, I think in the past anyone can put any name, any information
on the registration, when they pass it over to someone new, then we start losing track
of whose vehicle it really was or where it was Councilmember Kagawa.
Councilmember Kagawa• Thank you, Assistant Chief and Chief Last
session we had the work that Councilmember Chock, Kaua`i Police Department (KPD),
and the Finance Department did in our HSAC package; we had two (2) items from
Kaua`i, the other one was the lifeguard tort liability, which we continued to try to get
done for our lifeguards, but the problem came when...on Kaua`i, we saw the problem
and put together the Task Force We did the work, we made a suggestion, and that was
from our HSAC package that the other counties agreed to follow our language, but I
guess when it went to the Legislature, Honolulu Police Department (HPD) started
chiming in with their Finance Department and other counties put in other suggestions,
which made it kind of frustrating, because then there was the Legislature trying to
figure out, who they were going to listen to9 Are they going to listen to Kaua`i7 Are they
going to listen to Honolulu9 In the end nothing was done Are there any plans to get
HPD to jump on board, so we do not run into that same problem where they are going
to basically...when it reaches the Legislature, they are going to sabotage our solution
by saying, "Maybe, this will be difficult to do " So I am thinking, if we go to HPD—the
main one is Honolulu, if we can work through them, they have the most representatives
and get them to buy in on basically, our County's legwork. We are the County that is
saying, "This is the way, we think, we may be able to solve this problem" Like I said,
the last legislative session, it was a short session too, so they did not complete what they
were trying to do, but is there any way we can help coordinate with O`ahu and get HPD
on board, so we do not have our idea sabotaged when we are the ones that actually put
in the time in trying to figure out how we can fix this problem that has been plaguing
us for a long time9
Mr Raybuck. Chief Raybuck, for the record. Councilmember
Kagawa, thank you very much for bringing that up I will take responsibility for that
gap in communication with my fellow county leaders in law enforcement, so I will reach
out to Honolulu Police Department, Chief Ballard and I, as well as Deputy Chief John
McCarthy,we speak frequently on other matters, so I will reach out to them and address
that and see if I can get them to support our proposal I appreciate you recognizing all
the members of the Task Force that put in a lot of work and effort to try to resolve this
and I will do better at trying to communicate with my partners to avoid a similar
situation in this next legislative session.
Councilmember Kagawa. No apology is necessary I think we came up
with what we thought would fit and I was surprised that the Legislature went through
that and I did not know they would go that far and ask HPD for their thoughts, and I
guess they did not like or agree with what we proposed, but it is frustrating because
Honolulu did not do the legwork like you folks, and you had your group look into it with
Finance and figure out where the problems were, and how to fix the problems, but when
COUNCIL MEETING 12 AUGUST 19, 2020
it goes to the Legislature, they are asking HPD on the fly, "How do you feel about these
changes9" It is frustrating that it happened that way, because I think you folks did do
it right, you did put in the time and effort, and every county is different I wish we could
allow Kaua`i to experiment on our end with our changes, but I guess that is not how the
State law works Anyway, it is frustrating What I am providing is just a suggestion,
as far as, how can we get this passed at least in some form, that we can apply changes
and make improvements; that is what I am looking for Again, we had COVID-19
shorten the session Thank you for taking that suggestion and checking to see if Chief
Ballard can jump on this one, because if she does not have a better plan, rather than to
just criticize bits and pieces of our intensive work, it is just a frustrating situation.
Council Chair Kaneshiro. Are there any questions from the members on
this item9
There being no objections, the meeting was called back to order, and proceeded
as follows
Council Chair Kaneshiro- Is there any final discussion9 Councilmember
Chock.
Councilmember Chock Thank you, Chair I wanted to give a little bit
of background I am going to be requesting as our Task Force has met since March, we
actually have a holistic approach to this is just one piece, which are the legislative
items and policy changes that we are wanting to affect change on, but there are other
action items that the Task Force has suggested and created that we are working
towards. Some of it is on a local ordinance towards our towing companies and some of
that regulation needs As the Task Force wraps up this segment to have an item that
we can all be made aware of the work they are doing and also be able to chime in and
give suggestions to it I have already reached out to our Kaua`i Legislative Delegation,
so that we can get some support, if we can get it to HSAC in our Kauai Legislative
Package Thank you
Council Chair Kaneshiro. Councilmember Cowden
Councilmember Cowden I am going to support this When the Task
Force is looking at other elements, I made the suggestion a number of times—I am not
sure if it is landing—that when people have a vehicle that maybe has three (3) or
four (4)years that it has been sitting in a yard, that registration keeps piling up, so one
of the reasons it gets abandoned somewhere is there is one thousand two hundred
dollars ($1,200)worth of fees associated with it I think we would save money if we had
in the Task Force suggestions, to release the cost of the years of an abandoned vehicle
on registration I have not received any feedback, I am not sure if that has been heard
So I am putting it on the record, that is my recommendation.
COUNCIL MEETING 13 AUGUST 19, 2020
Councilmember Chock If I can, Chair
Council Chair Kaneshiro. Councilmember Chock
Councilmember Chock. It has been heard, there are means and ways
for it to be addressed, that we can present at the Task Force meeting
Council Chair Kaneshiro Councilmember Kagawa
Councilmember Kagawa I just want to thank Councilmember Chock for
taking a ball on this way back when we saw the problem and Councilmember Chock
put it upon himself to meet with various departments, especially KPD and try to solve
this"tough nut" I want to thank KPD for all you folks do. The derelict vehicle problem
has improved tremendously over the years, when we hired our coordinator It comes
where the supply is much more than we can handle It is crazy how many vehicles we
have out there. The cost is so high All the hoops you need to jump through in order to
do it. I remember talking candidly with Chief and he said, "Check out this car on the
side and check it out a few days later, you will see things missing" But our hands are
tied by State law, that we cannot remove it; it is frustrating They put in a lot of time
on these abandoned cars by people who are not considerate of government and the rest
of the people of Kaua`i who take care of their opala, when they do not want it, it is not
fair, it is irritating, it is an eye sore, and it takes away a lot of time from KPD when they
have a lot more other important things to take of, so whatever we can do going forward
with the work that Councilmember Chock,the Chief, and Finance, are doing is all worth
it, because we need to get through all the red tape, then we can truly find the solution,
because right now, with their hands tied, it is overwhelming There certainly is a
solution, it is just very difficult then you need to work with the Legislature, which is
another bit of craziness that is very difficult to understand at times, but again, without
the hard work and effort, you will not see significant change, so I appreciate all of you
for all that you are doing to try and cure this difficult problem
Council Chair Kaneshiro Councilmember Evshn
Councilmember Evshn. Thank you, Chair I would like to echo some of
that I think over the last must my short term here—two (2)years, that the abandoned
car problem has improved so much, just in the volume of E-mails that we were all
getting about abandoned cars and what we can all see on the roads, has gotten better
in both regards, so I appreciate the hard work you folks are all doing Chief Begley, Chief
Raybuck, and everyone else on your folks' team. Certainly, also thank you to Reiko,
Councilmember Chock, and the rest of the Task Force for working hard on solutions
here It has been said, I think this will add a little bit of hassle when we have to sell a
car, but at the end of the day, if this passes, that it will end up really saving taxpayer's
money and improving our environment here, if it is not weak enough, hopefully, we can
hold people accountable for abandoned vehicles I hope the State acts and if it is not
COUNCIL MEETING 14 AUGUST 19, 2020
this, then we have to do something here, so I appreciate you folks taking the steps in
this direction
Council Chair Kaneshiro. Councilmember Kuali`i.
Councilmember Kuah`r I am a little lukewarm I am going to support
this and trust that the committee finds this to be the right solution I do recogmze that
we are creating a little bit of a...well, Councilmember Evshn called it "hassle," but
hardship, if you will, on some folks having to either take the time to go in to the
Department of Motor Vehicles (DMV) or even to pay for a notary, so one hundred
percent (100%) of the people selling their cars will have to do this, because a small
percentage of people have not been doing the right thing. I wish there was a way and I
think for some people it does work out this way, where until the buyer fully reports the
seller name, a legitimate name and address, or what have you, that the buyer still be
responsible, I am sorry, the seller; until the seller fully reports documents with DMV,
the buyer, he/she are still responsible I think there have been people, even after selling
a car, when it has been trashed and put on the side of the road, they ended up being
charged for the towing or whatever, because the vehicle was identified to them and not
to the person they sold it to, because they did not necessarily fully inform Let us
recogmze, it does create a little bit of a hardship for a lot of people, paying for a notary
or having to take the time, sometimes, maybe taking time off from work, but I will
support
Council Chair Kaneshiro Councilmember Cowden
Councilmember Cowden My discussion is a little bit of a follow-up on
what Councilmember Kuah`i just said When I do talk to people who have sold a vehicle
and somehow both ends of it do not get completed and they get held accountable for the
abandoned vehicle or the problem that has happened with the car, it probably would
find it was really well worth their time to spend eight dollars ($8) or fifteen dollars ($15)
on a notary and go in and have it done and no longer be held accountable, so I agree it
is a little bit of extra work, but I think for those who are selling the car, it is very
worthwhile to take that time, such that they are no longer held accountable for
something three (3) years down the road in the life of that car
Council Chair Kaneshiro Is there anyone else? If not, I completely agree
Oftentimes, we hear about the derelict vehicle problems on the side of the road, a lot of
times the public will say, "Why do you not follow the registration and charge it to the
people?" I think what it comes down to is the amount of time that we spend having to
try and follow all the registrations, then you get to a dead-end where someone left
information that was not correct, it just was not worth the County's time to be following
all those loose ends I think now, if this was to pass, we would have a much easier way
of finding out who was the one that actually dumped the vehicle That is the whole
point of this, just to hold the correct people accountable I know we all want to see our
COUNCIL MEETING 15 AUGUST 19, 2020
island beautiful, we all talk about keeping our island clean, but unfortunately there are
people that are willing to just dump vehicles all over the place I think this will be a big
deterrent to people dumping vehicles, so I am hopeful that the State can see that also
and see the need for us to do it We have been spending—I do not know how much
money—hundreds of thousands of dollars on towing fees to get rid of vehicles If we can
just cut that money out by having people go and do that extra step of showing up at the
County and registering their vehicle there, we would save the County at least, two
hundred thousand dollars ($200,000) off the bat every year, dumping vehicles, so it is
going to be a cost saver for us also, as far as towing fees, so I am in approval of this
With that, roll call vote
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item)
The motion for adoption of Resolution No. 2020-34 was then put, and carried
by the following vote.
FOR ADOPTION Chock, Cowden, Evslin, Kagawa,
Kuah`i, Kaneshiro TOTAL – 6,
AGAINST ADOPTION None TOTAL– 0,
EXCUSED & NOT VOTING Brun TOTAL– 1*,
RECUSED & NOT VOTING None TOTAL– 0
Ms Fountain-Tanigawa Six (6) ayes.
Council Chair Kaneshiro Next item
BILL FOR FIRST READING.
Proposed Draft Bill (No 2803) – A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAX (Home Exemption Requirements)
Councilmember Kuali`i moved for passage of Proposed Draft Bill (No 2803) on
first reading, that it be ordered to print, that a public hearing thereon be
scheduled for September 23, 2020, and referred to the Finance & Economic
Development Committee, seconded by Councilmember Chock
Council Chair Kaneshiro. Reiko, if you want to give a broad overview on
this Bill
(Councilmember Kagawa was noted as not present.)
There being no objections, the rules were suspended
COUNCIL MEETING 16 AUGUST 19, 2020
REIKO MATSUYAMA, Director of Finance. Good morning Reiko
Matsuyama, Finance Department What we found in our Real Property Tax rules is
that basically, we are on the most lenient County there is in terms of qualifying for a
homeowner's exemption What we have are rules that say one thing, which the
Ordinance does not really capture, so what we wanted to do was make sure that we
are capturing what we need to do in the Ordinance and that it is also in the rules
The attorneys have told us that the rules cannot be stronger than the Ordinance, so
what we want to do is place these restrictions within the Ordinance. A few things
that I would like to point out is, right now, in the rules, it states that you have to be
on island occupying your primary residence for one hundred eighty-one (181) days;
this is the lowest number of days throughout the State. What we want to do is to
increase that to two hundred seventy (270) days, so basically from six (6) months to
nine (9) months that you have to be residing on-island in order to qualify for the
homeowner's exemption The second thing it does is require you to file a Hawai`i
State residence income tax return Basically, you have to come here and kind of"earn
your keep," I guess—you cannot come here and automatically qualify for home
exemptions, you need to be filing income taxes in Hawai`i in order to qualify for that
In going through the Bill back and forth with the Real Property Tax Division, we were
talking about whether or not we will allow it for delinquent real property taxpayers
You folks know that the homeowner is very lucrative, you get the lowest tax rate that
we offer, you get the one hundred sixty thousand dollars ($160,000), at least, off of
your assessed value, and you have a three percent (3%) assessment cap The assessed
value cannot move more than three percent (3%) year-to-year, so these things are
worth some money for taxpayers, and some taxpayers that we saw are kind of in a
downward spiral already...they really need to get into this program—these are local
residents that I am talking about—in order to get back on their feet, so what we added
in there was, "Yes, okay, he is delinquent, but they have to sign a payment plan or
payment agreement with the County in order to try to prove that you are going to
catch up " So those are the three (3) things that are embedded in this Bill that are
the substantive changes I believe Mike Hubbard is on the line, if you folks have
administrative questions on how this is going to work on real property assessment,
but I can assure you that in going back and forth with them and this is one thing
that basically, from my day one, they were telling us that we need to do this So I
think this is worthwhile It will reinforce the intent of the homeowner's exemption,
in that this is really for kama atna residents, it is for you and I, that live here and
own homes, and live in our homes I think it is a good thing and I hope you support
it.
Council Chair Kaneshiro. Thank you for that Are there any questions
from the members? Councilmember Chock.
(Councilmember Kagawa was noted as present.)
COUNCIL MEETING 17 AUGUST 19, 2020
Councilmember Chock• Thank you, Chair Thank you, Reiko I know
you have been trying to get to this and have worked on this for a while My question
is about the stipulation of the income tax The reason why I ask is, I know that
different variables happen for different residents For instance, some people do not
file their income tax annually or they delay it, so are there any other means that you
see across our County to validate other than the income tax process?
Ms. Matsuyama• Just to be clear, you just have to file it once
Councilmember Chock• Okay
Ms Matsuyama You do not have to file it ever again, unless
you are trying to go for the income exemption, then you have to file for that annually.
Councilmember Chock. So it would only apply in that case, it would
be an issue only if, for instance, it was a new resident, right? Coming from a different
place and not having the tax filed on time or not in our jurisdiction, correct
Ms. Matsuyama. Correct.
Councilmember Chock. Thank you
Council Chair Kaneshiro. Are there any other questions from the
members? Councilmember Evslin.
Councilmember Evslin Thanks, Reiko The Bill is great and I fully
support it. I asked this in our meeting, but maybe you could just explain it to the
public, how you would verify or audit existing people within the home exemption—is
it only going forward or are you going to try and figure out who currently, with the
exemption, is living here with less than two hundred eighty (280) days?
Ms Matsuyama As the Bill is written, we can go back and try
to find people who may be within that threshold of one hundred eighty (180) days.
We would do that through the prior use surveys We have use surveys and they have
check marked, "I rent this partially during the year," or "I am here one hundred
eighty-one (181) days," so we can screen it We just sent out new use surveys for the
ones that we might think are on the edge and do it that way, but we can go back and
pick people out or make them reapply
Councilmember Evslin• Thank you
Council Chair Kaneshiro• Are there any further questions on this?
Councilmember Kagawa
COUNCIL MEETING 18 AUGUST 19, 2020
Councilmember Kagawa. Can we go more than two hundred
seventy (270)7
Ms. Matsuyama. Two hundred seventy (270) is what O`ahu and
Maui both do, Hawai`i Island has it at two hundred (200) If you go more than
that you do not want to go three hundred sixty-five (365) days, because then people
cannot take a vacation, so you do not want to go too much higher, but this is what we
thought would be comfortable and passable, something that is not going to spur a lot
of controversy
Councilmember Kagawa. You said two hundred seventy (270), who has
that amount? Maui?
Ms Matsuyama Maui and O`ahu.
Councilmember Kagawa• What is the reason why three hundred
sixty-five (365) days are not good?
Ms Matsuyama Three hundred sixty-five (365) days, basically
means that you would not be able to take a vacation You would be bound to your
home the whole time
Councilmember Kagawa What is wrong with that? Just kidding I am
good
Council Chair Kaneshiro Are there any further questions from the
members?
There being no objections, the meeting was called back to order, and proceeded
as follows
Council Chair Kaneshiro• Is there any final discussion from the
members? Councilmember Kagawa
Councilmember Kagawa• Yes, I will support it. I do not typically care
what Maui, O`ahu, and Hawaii Island does as far as policy, because the cost of living
on Maui and O`ahu is worse than here and it is hard to manage that, but it seems like
Kaua`i is the worse...but I think Maui and O`ahu are more costly places to live
regarding the cost of housing and everything I think if that is the most we can go
with allowing our local residents to go and take vacations when COVID-19 goes away,
I think it is reasonable I am definitely in strong support, being that we are going to
go a lot higher than our current one, which is at one hundred eighty (180), right now
I am happy, so thank you
COUNCIL MEETING 19 AUGUST 19, 2020
Council Chair Kaneshiro. Councilmember Chock
Councilmember Chock Thank you, Chair Sorry, I do have one more
question.
There being no objections, the rules were suspended.
Councilmember Chock. I was looking on the low-income tax credit
section, there is one change there,just to broaden the criteria or allow for discrepancy
from the Director—I just am curious as to where the direction is going for that section
Ms. Matsuyama I am sorry, can you repeat the question?
Councilmember Chock• The low-income tax credit section, page 6,
"Director of Finance may adopt rules and prescribe forms to implement or adopt
rules..." it just says that you have some leniency in qualifying for the exemption of
that section, I am just curious, as to why that changed for that area
Ms Matsuyama That section is for me to create steps
(inaudible) once you folks pass this, we can amend the rules substantially and this
gives me steps to do that
Councilmember Chock• Okay
There being no objections, the meeting was called back to order, and proceeded
as follows•
Council Chair Kaneshiro• Councilmember Cowden
Councilmember Cowden• I fully support the intention of this Bill. I
think it is really important right now, especially as we are seeing this trend from the
big cities moving to rural locations and we are seeing that robustly coming here, it is
not much more than a small speed bump to discourage Kaua`i as an investment place.
I do support the two hundred seventy (270) days as opposed to three hundred
sixty-five (365) days, because people might need to go care for an ailing parent or
family member, and there are often reasons people might have to go for an extended
period of time, but this keeps it from being a second home, which I think is so
important I was looking...it might be somewhere else or I missed it I am sure there
must be an exemption for military deployment, is that correct? If someone is in the
National Guard and had to go away for six (6) months, this would not impact them,
is that correct? Where is that? Is that here or somewhere else?
Ms Matsuyama It is written in our rules I am not sure if it is
codified here.
COUNCIL MEETING 20 AUGUST 19, 2020
Councilmember Cowden. Okay, but we would know for sure.
Ms Matsuyama Yes
Councilmember Cowden. Military deployed people would not be
punished somehow with this two hundred seventy (270) day requirement, but other
than that, as long as they are out of that criteria, I would say that is an excellent step
Ms Matsuyama Yes
Council Chair Kaneshiro Is there anyone else? Councilmember Evslin.
There being no objections, the meeting was called back to order, and proceeded
as follows
Councilmember Evshn I fully support it I appreciate Finance
moving in this direction As we have heard from Kim in the presentation a few times,
homestead is the golden ticket here and I think it is important to make the criteria
strict to get it, you should be living here, contributing as part of our community and
economy, and paying State local taxes to the greatest extent possible, so I do think
two hundred seventy (270) days is the right call I appreciate Finance closing in on
the loophole here and I fully support the Bill
Council Chair Kaneshiro Councilmember Kuali`i
Councilmember Kuali`i I want to thank Finance also for bringing this
forward I do support the Bill I sort of agree with Vice Chair Kagawa, and I would
also be supportive of even making it a little bit longer I do not think we need three (3)
months a year for vacation I think if there were special circumstances, like caring
for a sick family member for longer than a few months, that there would probably be
an exception for them, right? Would not there? I am assuming that there would be,
but I am supportive
Council Chair Kaneshiro• Okay, is there anyone else? If not, I am
supportive of the Bill Again, homestead tax rate is the lowest tax rate you can get
on-island, it is for people that are living in their home full-time or majority of the
year, it is the tax rate that all of us get and it is a benefit. Again, it is such a big tax
break, this is usually the tax class that we try to protect the most. Obviously, it is
going to be something that people will look at to try and take advantage of and I think
requiring more days and requiring the Hawai`i State income tax return, are just a
few more means to catch anyone who is trying to take advantage of the system This
is really for people that are living here permanently in a house and that is the tax
class that we have always tried to protect; people who are living here, so I am in favor
of it Councilmember Kagawa
COUNCIL MEETING 21 AUGUST 19, 2020
Councilmember Kagawa Along that line, I am sorry, after jumping in
after we are supposed to be done, but I think the three dollar ($3) rate, it is a three
dollar ($3) per thousand benefit, which amounts to a lot when you are talking about
a house, so we are taking care...this is why a resounding voice, if you go out into the
community saying, "You folks need taxes, well tax the ones that can afford it " Tax
the folks from the mainland that are living here who have a lot of money It is not
labeling, it is true A lot of them have a lot of money, have the means to pay, a lot of
them are the ones that live here six (6) months and they golf at the kama aina rate
at the golf course, which is very cheap They can afford to pay the regular rate and
people from the golf course tell me, "Six (6) months is not enough, they register to
vote and they get to play for a really cheap rate at our Wailua Golf Course, when they
are not a full-time resident." Again, there are some cases where they are not, but you
cannot make laws to please every single case that you bring up and to me, this is a
fair case for local residents when they ask us, "Tax the folks that can afford it, do not
raise our taxes, we are already poor, we are struggling, we have kids living in our
house trying to save to buy a house at five hundred thousand dollars ($500,000)." I
think this is the right step I appreciate Mayor Kawakami for taking this step. It
has been a long time since we have seen this kind of step from a mayor...I am serious,
this is a step and I appreciate Mayor Kawakami and his Administration for coming
forward, seeing a problem that they can fix it is not going to solve one hundred
percent (100%) of everyone's problem when it is taxed; it is broad-based Sometimes
you will hit some...it may be unfair to, but as a whole, I think this is what our local
residents have asked for and I appreciate the Administration taking this step in this
direction in trying to get more revenue from those who are not living here full-time
like a lot of the local people do. That is my honest opinion, thank you
Council Chair Kaneshiro With that, I just found out there is going to be
a housekeeping amendment to amend the Bill It is not ready yet, so let us move on
to our next Bill and we can come back to this Staff is going to prepare that
housekeeping amendment before we move it on to public hearing Clerk, can you
please read the next item
There being no objections, Bill No 2794 was taken out of order
BILL FOR SECOND READING.
Bill No 2794 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 10,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ENFORCEMENT,
LEGAL PROCEDURES, AND PENALTIES
Councilmember Kuah'i moved to approve Bill No. 2794 on second and final
reading, and that it be transmitted to the Mayor for his approval, seconded by
Councilmember Kagawa
COUNCIL MEETING 22 AUGUST 19, 2020
Council Chair Kaneshiro Are there any questions on this item? If not,
is there any discussion from the members9 Councilmember Cowden
Councilmember Cowden This is another one of the zoning enforcement
Bills that ties into the ten thousand dollars ($10,000) per day, per violation with a lien
put in with the Bureau of Conveyances, if there is a problem I oppose this Bill I
understand that there are some intentions to do it and it is convenient to have complete
immediate obedience from our citizens I have two (2) amendments for this for both
Chapter 8 and Chapter 10, that would separate it, so that we do not go after people that
have very minor, in terms of the impact on everybody, a building change on their
building, when asked a year ago, it was estimated that more than half of our properties
are out of compliance at some level It has been made clear with the exception of a few,
most are not pursued, but I do not want this to pass, because when it does pass it might
be very difficult to pass those next two (2) that I would like to be bringing out, so when
I listened to Vice Chair Kagawa speaking about the importance of keeping our
generational residents or long-term residents on the island,bills like this can be utilized
as a weapon in the future even without ill-intention to remove neighborhoods of people
This is a dangerous Bill to have this much capacity without holding our current
Administration with the intention of hurting, we could easily remove people from our
community and as we start replacing our community, which is underway now, has been
underway, but is accelerating, this is a clear vulnerability and property values are going
up, rental units are going up, especially that people are offering over asking. This ties
into the last issue, but I warn everyone, my colleagues, when we pass this, if I do not
succeed at getting these other two (2) amendments put out in the future and passed, we
leave these communities, that I am hearing are so important to all of us, but being very
specifically mentioned, we leave them vulnerable to predatory or retaliative strikes In
the future it could come hard and fast and I think this heavy hand of a Bill is too strong.
I understand it is what they call a housekeeping measure to be consistent with
Chapter 8, which is everyone, Chapter 10, this one is for special management areas, but
I want it to stay inconsistent, so that we have to change both and we do not allow this
to stand where we can force people out of their homes, businesses, and financial
viability We have enough of that happening right now and we are vulnerable and I
think this is a poor choice I do not support it
Council Chair Kaneshiro• Councilmember Kagawa
Councilmember Kagawa. I would like to get more details, but I guess, we
are prevented from disclosing, however, I think when I go back and I look at the years
I have been serving with Councilmember Chock, we have been here a long time and we
had issues when Managing Director Michael A. Dahilig was in office and tried to take
action against what he considered illegal Bed and Breakfasts (B&Bs) and Transient
Vacation Rentals (TVRs) The resounding voice that I got was that...if there is any way
you can help to get them to comply, do it That stiff fine concerned them, a lot of them
contested it, and a lot of them ended up prevailing I believe the Planning Department
learned the lesson there to be careful and I trust Ka`aina's judgement in being careful
about being heavy-handed, because we saw in that instance, when you are
heavy-handed and you lose, you achieve nothing and they are operating and have no
means to stop them anymore. Compliance is always the best way, but there are times
when obviously they are blatantly not following rules of the County and still operating
COUNCIL MEETING 23 AUGUST 19, 2020
and you have to have heavy measures in order to get them to stop. You fine them one
hundred dollars ($100) a day, but they are collecting one thousand dollars ($1,000) a
day in rent, is that enough to make them stop? So, it really depends on the cases, it
depends on the Planning Director's judgment and I think our Planning Director has
shown that he is not making this type of rash decision So I have seen instances that
you are talking about and it is difficult for me to say, "I agree,"just because I have not
heard all the details I want to support this in saying that we need to have leverage
against people who do not follow rules and our public wants us to have fair, equal
ground for everyone If you follow the rules you are fine, if you do not follow the rules
then the Planning Department can take action. You need to have some type of strong
consequence for people who do not follow the rules and this is pretty strong
Council Chair Kaneshiro Councilmember Chock.
Councilmember Chock. Chair, it sounded like there were amendments.
I would love to be able to put those on the table so that we can work through this If
there are many, I would consider going back to Committee, especially if we are looking
at two(2)duplicate sections here,you know what I mean9 If we are going to change...we
can agree to changing one (1), we probably should change both, but I am curious to hear
what those are and if our Planmng Director agrees with it
Council Chair Kaneshiro. Councilmember Cowden.
Councilmember Cowden I have been working with Planmng and the
County Attorney and my amendments have to go back before the Planmng Commission,
but what it separates out is structural things, so if your chicken coop is wrong or your
awning is a little wrong, or the kitchen is not right, it is a structural challenge versus a
commerce challenge, where you are renting your house out with a zoning violation So
if it was something like vacation rentaling the property, that would go into a different
class where it would be "as-is " The other one would be a tiered structure, if it is that,
so I was not allowed to bring it out now and I asked if we could defer this and was told,
"No," that this would have to pass first. I do not understand why I do not have a
question on the ethics of our Planning Director Ka`aina Hull. He has shown us that
there has been no abuse to the system towards the area that I am concerned about, but
if we have another election and we have different people and it is sitting there, the time
when we will notice it is a problem is after it is already misused There is a vulnerability
right now, when there are family differences or neighborhood differences, and even
yesterday, I will not say where, but there was a place where the police were called, with
neighborhood behavior pushing a wealthy, taking away rights from the community
This type of Bill for both Chapter 8 and Chapter 10, leave us deeply vulnerable for that
and I do not think it is even questioned, it is that it has to go back to Planmng and it is
more convement to do this now and not later, but I do not have faith that later comes
Council Chair Kaneshiro. So from what I am hearing as far as moving
forward, I think we vote on this Bill, if Councilmember Cowden has changes to the Bill
that gets passed,then you will make those changes as a separate Bill, have it go through
the Planning Commission, and it will come back here and we would vote on it However
that form takes, I think would be the best route,just from hearing the comments
COUNCIL MEETING 24 AUGUST 19, 2020
Councilmember Cowden. Yes, I do not I do not at all, but thank you
Council Chair Kaneshiro• Okay. I am thinking that this Bill is most
likely going to pass here If the votes are there, I do not want to have to defer it or put
it back into Committee and if there are changes you want to make, then you go through
that process and it will come back here and everyone will get to vote on it again, if we
feel those are the changes that need to be made.
Councilmember Kuah`i Is Ka`aina here?
Council Chair Kaneshiro. Scott, I think Ka`aina needs a Teams invite
Councilmember Kuah`i But maybe staff can answer this.
Council Chair Kaneshiro Councilmember Kuali`i
Councilmember Kuah`i If I am understanding this correct, staff, this
Bill is housekeeping because; one, it is changing the name from special development
plans to community development plans, and that is just because in the new General
Plan that is how they talked about the plans They do not call it Special Development
Plans anymore, they call it Community Development Plans The other thing is all the
new language that is underlined is instead of referring to Chapter 8 it is bringing it
from Chapter 8 and putting in Chapter 10, right? So if that is correct, then this is purely
housekeeping and all that will come into play for Councilmember Cowden's case, is that
the concern of putting this in place, it already is in place All that language already is
in place in Chapter 8, so now it is duplicating it in Chapter 10, it is changing "Special
Development Plans" to "Community Development Plans," then later if you want to bill
to change Chapter 8 and Chapter 10, because you want to remove it all or do something
different, that could be done later, but it is not creating anything new That is why I
am ready to move forward and support this.
Council Chair Kaneshiro- It is just making the language consistent
Councilmember Chock
Councilmember Chock Thank you I am also ready to move forward
on it Since we do have our Planning Director, Ka`aina, you have been working thank
you Councilmember Cowden, I appreciate the intent, I think to create some protective
measures is also important, as well as giving our Planning Department the necessary
tools, but I am sure you have already started to vet these potential amendments and I
want to make sure that is moving in the right direction with our Planning Director.
Planmng Director, is that true? Have you folks been working together towards some
amendments that we might see coming forth on this at a later time?
There being no objections, the rules were suspended.
KA`AINA S HULL, Director of Planmng. Thank you, Councilmember
Chock. Yes, I have been working with Councilmember Cowden on some of her draft
amendments and we are definitely open to them From an enforcement side, there will
be some concerns about five (5) years ago the Council was pretty heavy with the
COUNCIL MEETING 25 AUGUST 19, 2020
Planning Department in saying get your act together, get the enforcement program
running, start moving in this direction, and so we definitely had a huge shift in how the
enforcement is handled. Now with the way it works now, "Oh, you are enforcing too
much, calm it down" So we are going to have to bounce back and forth, but the
amendments that Councilmember Cowden submitted over to me, would definitely be
substantial in there for not asking them to be put in this Bill to defer or delay this Bill,
but we are open to a possible treatment program for certain types of accommodations
at a future date.
Council Chair Kaneshiro. Are there any further questions?
Councilmember Kagawa, while the rules are suspended
Councilmember Kagawa Ka`aina, the reason you have these amounts in
the Bill, like she mentioned, why does the chicken coop come up to ten thousand
dollars ($10,000)? But sometimes you could have a situation where the chickens are
keeping the neighbor up every day, waking up too early in the morning crowing, then
they say that is an illegal chicken coop you have Then when you folks investigate
because you are complaint-base, you tell them they need to remove the chicken coop. If
the person refuses to remove it, you need to have leverage against them That is why
you have these numbers You definitely do not want to fine the person ten thousand
dollars ($10,000), but at some point you have to enforce the law and without any teeth
you cannot do anything and your inspectors are tied up They would just be laughing
at you That is why you have these general ranges, but it is not like you are laying the
ten thousand dollar ($10,000) fine the first time you talk to them, right? It is all
judgment and everything is not black and white Every case is different and sometimes
you will have immediate compliance and sometimes you will have those who play games
with you folks, right?
Mr Hull- Yes, absolutely,Vice Chair and to that point we
have to use fine structuring viciously and very cautiously. When Councilmember
Cowden did bring up her concerns, I thought they were valid concerns I pulled up the
numbers and in the past five (5)years, vacation rental and coastal development are our
primary fine sources, those are the individuals that (inaudible) that do not come into
compliance that we have to levy fines on them to get them into compliance. Outside of
vacation rentals and coastal development, in the past five (5) years, we only issued
two (two) fines that were over one thousand dollars ($1,000) They actually (inaudible)
those fines Sometimes we use the ten thousand dollar ($10,000) stick, if you will, as
leverage, but we have never had to collect it,to get the violators into compliance without
having to levy; it is used as leverage Our point is not to be punitive with enforcement,
it is to get these operations into compliance. If it is an illegal chicken coop, you need to
get the chicken coop out of there I think our program has been fairly successful off
these cases, which is why I believe the system is working, the enforcement program is
up and spinning, I think they are doing a great job,but I hear that there is concern from
Councilmember Cowden, that perhaps with a new Planning Director or new
Administration, you might become more dictatorial and draconian in your policy and
that is a fair point, but I do not believe our program is at that point right now
Councilmember Kagawa• Thank you I appreciate it I think what
Councilmember Cowden is saying is you folks are already carrying out, but she points
COUNCIL MEETING 26 AUGUST 19, 2020
out that the correction in the law would be clearer or more transparent, so I can see her
point as well working with you folks. I look forward to whatever comes out, if it passes
the Planning Commission, but I also understand if you folks want to keep it broad,
because you are already doing what she is saying in reality and if there is a new
Planmng Director that may be it is time to put it in the books Thank you
Council Chair Kaneshiro• Councilmember Cowden, then Councilmember
Evshn
Councilmember Cowden Director Hull, does the wording in Chapter 8,
in any place in the zoning enforcement outline TVRs as the target?
Mr Hull In Chapter 8
Councilmember Cowden Yes
Mr Hull The rental has specific enforcement
parameters, yes
Councilmember Cowden. But in this enforcement Bill, the ten thousand
dollars ($10,000) per day, per violation that we did a year ago, there is no stipulation of
TVRs as being the target of that permit violation
Mr Hull No, not specifically
Councilmember Cowden How many properties percentage-wise are out
of permitted...we talked about this a year ago, you said over fifty percent (50%) are
likely to be outside of permitting; they might have a problem
Mr Hull. Again, I would say that there is a fair amount
of properties that may have small structures like a very small shed on the property that
would be considered a zoning violation.
Councilmember Cowden A roof change The roof was changed and the
awning is longer or wider so the footprint is bigger, that is a violation, correct?
Mr. Hull. If they did not get the associated permits, that
would be a violation, but insofar, they need the setback for height permits, they would
just come in and amend the existing zomng permit, which there is no fee involved in
that, you are just amending the zomng permit. If they are put on notice, they would
make proactive progress to rectify that violation by just getting the permit, not really
doing anything, but just applying for the permit, then there is no fine involved
Councilmember Cowden If they needed to take off a room, they have to
get a deconstruction permit, correct?
Mr. Hull Yes, that is true If there is no way for them to
get the zoning permit,because say it violates the setback permit, which zomng is five (5)
COUNCIL MEETING 27 AUGUST 19, 2020
feet, so that means there is probably no room, right on the property line, which is
actually also a fire hazard
Councilmember Cowden I understand, but the thing is that this is
discretionary, so I know right now we are not trying to do it. I am just going to make
this one last point, because we have talked about this exhaustively together Right now
no one is doing this to people, it is not intentional When it comes up, it is usually a
divorce or when there is hostility, but right now, it is not a problem I want to go on
record that if four (4) years from now we have a problem where we are moving through
neighborhoods and destroying existing neighborhoods that the community, the
Planning Department, and the Council were well-warned, because this lays us out
absolutely vulnerable to predatory problems and it could be overwhelming for the
Building Division to be handling it, it could go up and down neighborhoods and gentrify
them and change them We see it happening in different places on the island. We had
seven (7) out of eight (8) lawsuits fail from the County side that was targeted at these
vacation rentals just in the last year and there is very much threats of class action
lawsuit and we have to be careful and I think we really need to rethink this, so I am
finished with saying it, but I am strongly saying, "Yes, I understand this is a
housekeeping measure on a poor enforcement ordinance " I fought that last year and
failed, six (6) to one (1)
Council Chair Kaneshiro Okay, are there any other questions for the
Planning Director? If not, I will call this meeting back to order Are there any final
discussion from the members Councilmember Chock
There being no objections, the meeting was called back to order, and proceeded
as follows.
Councilmember Chock. Thank you, Chair I just wanted to confirm, I
appreciate the great work that our enforcement team has done It is true, the call, at
least when Vice Chair Kagawa and I first got into the Council was a strong call from
the public to move forward on enforcement efforts and you should be applauded for that
effort and I understand the pinball effect that you are feeling here in this moment, but
I think that, like everything else, it needs to be managed and that is part of this
discussion and I know you understand that. I see things a little bit different I think
we have been successful, I think the lack of enforcement has caused gentrification and
we need to address that as well. Where this fits in the middle, somewhere down the
line I am open to, so until I see those amendments and we can have a decent discussion
on it, I stand to support this Thank you
Council Chair Kaneshiro Is there anyone else? Councilmember Evshn.
Councilmember Evshn Thank you, Chair I want to say that I fully
support the hen power for TVRs If you have an illegal TVR, you are increasing the cost
of housing, you are reducing resident-occupied housing, you are creating resort
communities in neighborhoods, you are reducing resilience in times of disaster, on and
on and on, and you folks need every tool available to enforce against that, including lead
power, right? I think as we have seen over and over, as you folks have expressed, you
have people willfully violating our laws and sometimes they can make more by renting
COUNCIL MEETING 28 AUGUST 19, 2020
it and continue to pay the fines, so I fully support the empowerment for TVRs as we
have talked about last year when this came out from Chapter 8 With that said, I am
deeply skeptical of hen power for other zoning violations I do think if you have six (6)
unrelated people in a home, that is a zoning violation If you have a lemonade stand on
the side of the street, that is a zoning violation, right? So there are a lot of instances
where, in theory, this could be used not well. With that said, as I have said repeatedly,
we have a phenomenal Planning Department who is recognizing a lot of the difficulties
within our zoning code when you folks came to us about setbacks and on and on and on,
trying to untangle this to make it as easy as possible for people to comply As Ka`aina
has said repeatedly, "The intent here is to try and walk people through compliance "
The intent is to get them into compliance, not to put a hen on their home. With that
said, certainly as Councilmember Cowden is saying it does create the potential for too
much power in the future Planning Department. It could be used in a nefarious way,
potentially, but I think that is part of the democratic accountability, per year we can
change the law, the Mayor is accountable to the Planning Department as well, so I think
we just have to stay on the ball on this and all of that said, this is a housekeeping
amendment, I think that fight with the Chapter 8 fight, I do think it is important to
have Chapter 10 match with Chapter 8, and I certainly look forward and I am hoping
to see what Councilmember Cowden and Planning potentially come up with in the
future here I support this Bill.
Council Chair Kaneshiro. Councilmember Kagawa.
Councilmember Kagawa Thank you I agree one hundred
percent (100%) with Councilmember Evslin I just want to go back a little bit, because
I was there when the seven (7) of eight (8) won against the County, it was not because
they were right and they deserve to legally have that zoning to operate. It was because
past Administration or past Planmng Departments messed up just like in Honolulu It
is not because they are right and they won the contested case hearing, it was because
mistakes were made in the past It is true, it is something difficult you are going to go
through, you are going to see they do not fit, they do not have the necessary permits or
what have you, but they have the right to go to contested case and if someone messed
up back when they first started operating, then the County loses and it is unfortunate,
but what do you do? Do you just complain about the County in the past and you can
have whatever you want? That is not right We need to have the powers and let the
Planmng Department have the judgment to take action, just because you have
agricultural zoning and it is sloped, you do not have water or for whatever reason you
cannot successfully do agriculture on your property, does not mean you can raise
tourists on your property, just because you need to pay your bills I did not tell you to
buy that agricultural sloped property for one million dollars ($1,000,000), you bought is
because you thought you could pay your bills It does not mean just because you have
a hard time, I can make a TVR, because I need to pay my bills, it is crazy I want to get
off that subject actually Thank you
Council Chair Kaneshiro. Councilmember Kuah`i.
Councilmember Kuah`i. I will not repeat everything that
Councilmember Evslin said, but I agree with that and I also agree with the concern that
Councilmember Cowden has The ten thousand dollar ($10,000) fine was increased, I
COUNCIL MEETING 29 AUGUST 19, 2020
believe quite a while ago, maybe in 2015, I think Chair Rapozo and I had introduced
that on behalf of Planning, with Planning's help If what Councilmember Cowden is
proposing in a future Bill, it is just separating it, where the maximum fine for this type
of violation is "x," then the maximum fine of ten thousand dollars ($10,000) is primarily
for TVR type violations, I think we could probably all support that Let us just get this
done and work with Planning and move forward with that Obviously, it may require
some work, which I assume they are already doing with the Planning Department and
also with the County Attorney, but I am ready to support today
Council Chair Kaneshiro• Is there anyone else? If not, roll call vote
(No registered speakers requested to testify regarding this agenda item.)
The motion to approve Bill No 2794 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, Evslin, Kagawa,
Kuali`i, Kaneshiro TOTAL— 5,
AGAINST ADOPTION Cowden TOTAL— 1,
EXCUSED & NOT VOTING. Brun TOTAL— 1*,
RECUSED & NOT VOTING None TOTAL— 0
Ms. Fountain-Tanigawa. Five (5) ayes, one (1) no
Council Chair Kaneshiro. Okay, thank you The motion passes With
that, we will go back to page 4, Proposed Draft Bill (No 2803) Councilmember
Chock
Councilmember Chock moved to amend Proposed Draft Bill (No 2803) as
circulated, and as shown in the Floor Amendment, which is attached hereto as
Attachment, seconded by Councilmember Kuali`i
Councilmember Chock• This is a housekeeping amendment for a
typographical error before you
Council Chair Kaneshiro Again, we have the amendment in front of us
Basically, we are just missing one (1) word It is housekeeping Is there any
discussion on this item?
The motion to amend Proposed Draft Bill (No. 2803), as circulated, and as
shown in the Floor Amendment, which is attached herto as Attachment was
then put, and carried by a vote of 6 0 1*
Council Chair Kaneshiro• The motion is carried Back to the Bill, as
amended, do we have any further discussion on this Bill? If not, again, this is for first
COUNCIL MEETING 30 AUGUST 19, 2020
reading, it is going to go to public hearing, then on to Committee. With that, roll call
vote
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item.)
The motion for passage of Proposed Draft Bill (No 2803), as amended, on first
reading, that it be ordered to print, that a public hearing thereon be scheduled
for September 23, 2020, and it be referred to the Finance & Economic
Development Committee was then put, and carried by the following vote-
FOR PASSAGE Chock, Cowden, Evslin,
Kagawa, Kuali`i, Kaneshiro TOTAL— 6,
AGAINST PASSAGE None TOTAL— 0,
EXCUSED & NOT VOTING. Brun TOTAL— 1*,
RECUSED & NOT VOTING. None TOTAL— 0.
Ms Fountain-Tanigawa Six (6) ayes
Council Chair Kaneshiro Next we are going to read ourselves into
Executive Session, but we will take the Executive Session at the end of the day after
our Committee Meetings Clerk, can you please read us into Executive Session?
EXECUTIVE SESSION-
ES-1032 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3 07(E), the Office of the County
Attorney requests an Executive Session to provide a briefing and request settlement
authority for an agreement settling potential claims between Mark Development,
Inc., Koa`e Workforce Housing LP, Hawai`i Assisted Housing, Inc., and the County of
Kauai, and related matters This briefing and consultation involves the
consideration of the powers, duties, privileges, immunities, and/or liabilities of the
Council and the County as they relate to this agenda item.
Councilmember Chock moved to convene in Executive Session for ES-1032,
seconded by Councilmember Kagawa.
Council Chair Kaneshiro. Is there any discussion on this item,
members?
(No written testimony was received and no registered speakers requested to
testify regarding this agenda item)
The motion to convene in Executive Session for ES-1032 was then put, and
carried by a vote of 6.0.1*
COUNCIL MEETING 31 AUGUST 19, 2020
Council Chair Kaneshiro The motion is carried. That concludes our
business on our Council Meeting agenda. Seeing no further business and hearing no
objections, this Council Meeting is now adjourned
ADJOURNMENT
There being no further business, the Council Meeting adjourned at 10 10 a m
Respectfully submitted,
JAD K FOUNTAIN-TANIGAWA
County Clerk
jy
*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)
Attachment
(August 19, 2020)
FLOOR AMENDMENT
Proposed Draft Bill (No 2803), Relating to Real Property Tax
Introduced by MASON K CHOCK, Councilmember
Amend Proposed Draft Bill (No. 2803), as follows:
1 Amend proposed SECTION 2, Page 7, proposed Section 5A-11.4(h) to read as
follows.
"[(5)] (h) The [director] Director of Finance may adopt rules and
prescribe forms to implement this [section.] Section, and the Director may
adopt by rule the indicia, criteria, or factors and methods of proof to establish
whether the applicant's actual occupancy of the real property qualifies for the
purposes or exemptions of this Section."
(Material to be deleted is bracketed. New material to be added is underscored )
V.\AMENDMENTS\2020\FA Proposed Draft Bill(No 2803) CT.jy docx