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HomeMy WebLinkAbout04/26/2017 Council minutes COUNCIL MEETING APRIL 26, 2017 The Council Meeting of the Council of the County of Kauai was called to order by Council Chair Mel Rapozo at the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kaua`i, on Wednesday, April 26, 2017 at 8:38 a.m., after which the following Members answered the call of the roll: Honorable Arthur Brun Honorable Mason K. Chock Honorable Ross Kagawa (present at 8:39 a.m.) Honorable Arryl Kaneshiro Honorable Derek S.K. Kawakami (present at 9:12 a.m.) Honorable JoAnn A. Yukimura (present at 8:43 a.m.) Honorable Mel Rapozo Council Chair Rapozo: I know Councilmember Kagawa is downstairs meeting with the Transportation consultants right now, but I am not sure about Councilmember Yukimura. Councilmember Brun: Here he is. (Councilmember Kagawa was noted as present.) Council Chair Rapozo: Can I get a motion to approve the agenda, please? APPROVAL OF AGENDA. Councilmember Chock moved for approval of the agenda as circulated, seconded by Councilmember Kaneshiro, and carried by a vote of 5:0:2 (Councilmembers Kawakami and Yukimura were excused). Council Chair Rapozo: Motion carried. Next item, please. MINUTES of the following meetings of the Council: March 22, 2017 Council Meeting March 29, 2017 Special Council Meeting Councilmember Kaneshiro moved to approve the Minutes as circulated, seconded by Councilmember Kagawa, and carried by a vote of 5:0:2 (Councilmembers Kawakami and Yukimura were excused). Council Chair Rapozo: Motion carried. Next item, please. COUNCIL MEETING 2 APRIL 26, 2017 INTERVIEW: CHARTER REVIEW COMMISSION: • Wyatt B. Angelo —Term ending 12/31/2019 Council Chair Rapozo: Sir. Yes, right up here. It is not a hot seat yet. Mr. Angelo, right? WYATT B. ANGELO: That is correct. Council Chair Rapozo: Thank you for being here today, and thank you for putting yourself out there for the Charter Review Commission. It is your first time here for a Commission interview, so the way we do it is you give us an overview in a couple of minutes of yourself and your interest of why you want to serve, and then we will open up for questions. If you could just start with your name for our captioner. Mr. Angelo: Oh, for the record? Council Chair Rapozo: Yes. Mr. Angelo: I should know that. My name is Wyatt Angelo. I live in Kalaheo. My interest, I guess, is for the most part, being somewhat familiar with Charters. This is, I think, a really important job based upon the election last year. It is certainly a priority for other people in the County, or they would not have passed it. My background is I was an attorney in Colorado for thirty-eight (38) years. I was a private practitioner for fifteen (15) of those years and did a lot of municipal work as well as some Charter work during that period of time. Then, I switched over to the criminal side and did prosecution in the District Attorney's Office in my area of the state, and then the United States Attorney's Office for the Department of Justice in Colorado. I retired in 2011. My wife and I owned a business on the western slope and finally sold it. We have been coming to Kauai since 2011 and finally decided that we were going to move here, so we accomplished that finally at the end of 2015. Council Chair Rapozo: Are there any questions for Mr. Angelo? Go ahead Councilmember Chock. Councilmember Chock: Thank you, Mr. Angelo. Thank you for your interest in serving. I appreciate, I guess, the background that you come with and some experience. I just wanted to get a little more information on if you had a chance to look at our Charter, and what things you might have gained from it in terms of what needs to be worked on if you were to sit on this Commission. Mr. Angelo: Well, I do not have much of an agenda about that because I have focused more on process in at least my thinking about input from the people who have been in government here as to their thoughts about how to improve it because that is essentially what the charge is from the electorate. I found COUNCIL MEETING 3 APRIL 26, 2017 a typographical error, but I am not sure if that is the original Charter or whether that is from the copy. But I looked at some of the things and had questions about them, and that is certainly the kind of things that I would ask of people who have been involved in government, presupposing that the document has flaws to begin with, I think, is a mistake. Councilmember Chock: I am a process person, too, so I appreciate that. One (1) of the things that I think is really difficult is not only the impact that the Charter has on these decisions that get passed, but I guess getting community engagement in that process so there is clear understanding about what it is they are voting on ahead of time. I think that we have struggled with that in the past. So, if there is anything that you might contribute to that would be a strong interest from myself. Mr. Angelo: I think there is definitely a selling job. Assuming that you get to a point where you have changes that, as a group, you want to propose to the County electorate. I think there is definitely a selling job that has to be done as to explaining to people why and why it is important. (Councilmember Yukimura was noted as present.) Mr. Angelo: That is the second part of the process. The first is the input, then kind of sorting through the suggestions about how to improve it, and then getting to the point where once you make the decision, which is really the second part, and the third part is selling that to the general electorate so far as its importance to the County. Councilmember Chock: Thank you, Council Chair Rapozo. Council Chair Rapozo: Councilmember Kaneshiro. Councilmember Kaneshiro: Thank you for volunteering. This is more, I guess, a comment, but if you can bring it back to the Charter Review Commission that when elections come up and we get all of these Charter Amendments that we need to vote on, if we could do it consistently where say a "no" vote will keep everything the same and a "yes" vote will change it to somewhat what the language is trying to say. I know there are a lot of people that get very confused on what does this mean? Does a "no" vote mean it stays the same? Does a "yes" vote mean it is changing? It is very hard to explain to somebody to say, "If you vote `yes,' then it stays the same. This one, is `no'." If they could kind of come up with a consistency in how they word things to make it a little easier for people to understand. If you put something on there, they see a couple of words and they may not understand the whole Charter or the whole language in it, but they will know that, I think, that section of the government is running fine. Just things like an Auditor's Office or something. That sounds great. Do we want a new Auditor's Office? When that goes on, then it is like if you vote "no," everything stays the same, and if you vote "yes," then this language will be implemented. I think it would make it easier for the voters. I know half the time it is very difficult to just understand what you are voting on because a lot of times the language in there is not—if you were to try to explain it COUNCIL MEETING 4 APRIL 26, 2017 completely, it would probably take three (3) or four (4) pages to vote on, but no one is going to vote on something that takes three (3) or four (4) pages. So just in the future, it would make it a lot easier for people to vote on. Mr. Angelo: I do not know if the language proposals have been a product of the previous Commission or really a matter of drafting the Office of the County Attorney because I imagine Hawai`i has some fairly strict requirements about how proposals like initiatives and referendums are submitted to the voters, and I am not familiar with those at all. Clarity is great: Legal requirements are a whole other thing, and we both know that sometimes they never meet. Councilmember Kaneshiro: Thank you. Council Chair Rapozo: Councilmember Kagawa. Councilmember Kagawa: Thank you, Wyatt, for being willing to serve on the Charter Review Commission. You have a very impressive resume with assisting the United States Attorney, Criminal Division, District of Colorado. Did you move here sixteen (16) months ago? Mr. Angelo: December of 2015. Councilmember Kagawa: From Colorado? Mr. Angelo: From Colorado. Councilmember Kagawa: So you were a resident there? Mr. Angelo: Well, I started in 1966 when I went to school there and then I went back to Chicago for Law School in 1970, and then went back in 1973 and started practicing law there. Councilmember Kagawa: Are there any problems that you can see regarding Colorado wherever the municipality you were in, that you could identify there that perhaps we are encountering here that could be perhaps, put to the voters to change? Mr. Angelo: They are two (2)very different systems, I have to say. You are a County Council. We had City Councils because we had Boards of County Commissioners. The Boards of County Commissioners were really regulated primarily by statute in Colorado, and here, the Charter is what gives you really the guidance about how you operate as a County. So really, you have a lot more freedom than the County Boards of County Commissioners in Colorado because you or the voters, essentially, established the Charter that outlined powers far beyond what the State has given you. In Colorado, the only time you can exceed statutory authority is when a City becomes a "Home Rule City" is what they call it. Cities are governed by statute for the most part, unless the voters elect to be Home Rule, in which case they then adopt their own Charter just like you have. But Boards of County COUNCIL MEETING 5 APRIL 26, 2017 Commissioners are strictly limited by State law, so they are far less flexible than they are here. Councilmember Kagawa: I guess my final question is how did the Mayor or Jay Furfaro find somebody with your qualifications? Mr. Angelo: I showed up. Councilmember Kagawa: Did you folks just meet? Mr. Angelo: No, I got on the website and started looking at how to volunteer. Councilmember Kagawa: Terrific. Mr. Angelo: And started going through it. I originally applied for the Police Commission because I kind of thought that my background would lend itself to that. Councilmember Kagawa: I think your performance on the Charter Review Commission will lead you into that opportunity. I thank you for doing what you did and applying on your own. I think your resume is very impressive, and I will be supporting you. Mr. Angelo: Thank you. Council Chair Rapozo: Are there any other questions? Councilmember Yukimura. Councilmember Yukimura: Thank you, Mr. Angelo. I apologize for being late to you and all of the others. As an attorney myself, I am really glad that there will be someone with legal skills sitting on the Charter Review Commission. I just wondered what brought you to Kauai. Mr. Angelo: I have been coming here for extended periods of time since 2011, and we had originally bought a small condominium in Po`ipu and tried to spend a month there at a time starting in 2012. The thing that drove the decision-making more than anything else was my wife, who ultimately said, "This is where I want to be." I am not stupid and I said, "You bet." We made that decision jointly, but I have lived in the same state for almost forty (40) years, and coming here is very different from my standpoint. Our attraction to being near the ocean...I mean, some people, I guess, are concerned about being on an island, and the only time we ever get concerned about it is when we are off it. Councilmember Yukimura: Very good. So in passing laws or Charter Amendments, it is really useful to know the context of the community that is going to be affected by it or where it will take place and have effect. You are a fairly new resident, although you have been coming a while, how will you try to understand that context of culture, local practices, and attitudes? COUNCIL MEETING 6 APRIL 26, 2017 (Councilmember Chock was noted as not present.) Mr. Angelo: Well, I think it is part of the input process. Excuse me. I looked at the rules of the former Charter Review Commission before coming here, and one (1) of the things that I noted about those rules was number one, they do not provide for a process to invite people to come and address the Charter Review Commission, which I think is an omission that needs to be corrected. But more specifically, it has a pretty nice process for people to comment and appear before the Commission to talk about things like that. So between the people who are interested enough to show up and offer what they think about proposed Charter Amendments or issues and those people who hopefully the Commission takes advantage of their knowledge by asking them to appear and give us their thoughts that, I think, coalesces into what I hope is something that is consistent with not only the local culture as you have described it, but also good policy. (Councilmember Chock was noted as present.) Councilmember Yukimura: So in reviewing the way that Charter Amendments have been put on the ballot over the last ten (10) years or so, I have concerns about the whole vetting process. It does not seem that the Charter Amendments are really thoroughly vetted before they are put on the ballot. What ideas do you have for improving that process? Mr. Angelo: Well, you may not have been here when I said it before. Councilmember Yukimura: Excuse me... Mr. Angelo: That is all right. Councilmember Yukimura: ...that I am asking you to repeat yourself. Mr. Angelo: That is alright, too. Kaua`i is not alone in that difficulty. I can assure you. Every State has its own requirements about language and normally, that is passed upon first by a group of attorneys and governmental experts. In your case, I assume based upon my understanding, that there is an assistant County Attorney assigned to offer guidance to the Charter Review Commission. I think from our standpoint, or from my standpoint, you have to look to the attorney to make sure that the language is adequate and sufficient to cover what needs to be addressed in that proposed Charter Amendment assuming that there is one. There may be none. But that is the first step, legality, and I am a little bit sensitive to that based upon what I have spent my life doing. But then secondly, clarity. I do not see anything wrong with plain language. Councilmember Yukimura: I think your points are well-taken, but I am talking about proper policies. So it is not a legal question, but it is whether say an arrangement of Council terms and so forth will be the best way to get the best Councilmembers or even this proposal, which we are dealing with right now which passed to have a Zoning Appeals Board. I do not think we, who are very involved in COUNCIL MEETING 7 APRIL 26, 2017 government, or people out in the public had any clue about what it meant, or what it was designed to do, or how much it was going to cost. Mr. Angelo: Yes. I guess my thought process is that I kind of approach it as a blank slate, and I am looking for at least in my hopes that the Charter Review Commission follows a pretty exhaustive process of getting input from people about their thoughts about certain issues like that. I think that is the starting point to get the understanding about whether it is a good idea or a bad idea. Cost is another issue, and I do not have a clue about that. I assume at some point or another that staff that are assigned to the Boards and Commissions group can come up with that because obviously, costs makes a difference. Government is government. The funds are not unlimited. Councilmember Yukimura: So I like that you think there should be some consultation with people who might know because I did not see much of that from the past Charter Review Commissions, i.e., calling in people with expertise, or background, or point of view. So if you can look at perhaps incorporating some of that in the process, that would be excellent. Mr. Angelo: I have to say that is really has preoccupied my thinking about it since I applied because there is no way that any group of seven (7) citizens is going to have the depth of understanding about how government works, and we are supposed to...the term that I think the charge is to study, review, and study government operations. So study requires, I think, some gaining of knowledge not just from reading the Charter. Councilmember Yukimura: Okay. That is good. Thank you very much. Mr. Angelo: You bet. Council Chair Rapozo: Are there any other questions? I just have a couple. This a follow-up on what Councilmember Kaneshiro was saying. Currently the Charter, if the voter leaves the box blank, if they do not vote on that item, it does not count as a "no" vote. So that is a major flaw, in my opinion. Let us just say some of us did not vote. We just said, "I am just not going to vote." Over here, the rules specifically states it is in support of the motion, whether it is for or against something. But in the Charter Amendments, if the person does not understand the question and leaves it blank, it moves the process forward. So at the end of the day, we get items passed that really was not approved by an affirmative vote. It just happened because somebody did not understand it. That is a major flaw, in my opinion because to me, if you leave it blank, then it is not a"yes." It counts as a"no." That is just my personal opinion, and I would ask for your position on that. Mr. Angelo: Well, I am keenly aware that sometimes elections get hijacked, literally, by very small, but active groups of voters who have an issue that they are passionate about and other people are apathetic about. Then all of a sudden, you end up with the doctrine of unintended consequences creating a nightmare for government. That happened in Colorado back in 1971 when we passed our Tabor Amendment, which limited government's ability to operate by virtue of limiting funding. The funding formula was just terrible. COUNCIL MEETING 8 APRIL 26, 2017 Council Chair Rapozo: How was it in Colorado as it relates to a blank vote on a Charter Amendment? Mr. Angelo: It is strictly a majority of people who vote, "yes" versus "no" votes. Council Chair Rapozo: So the blank vote does not count? Mr. Angelo: Does not count as a "no" vote. Council Chair Rapozo: Do you believe that is the proper way? Mr. Angelo: No. The idea here is that we are all going to be governed by the Charter, ultimately, and so having people understand how...well, first of all understanding how government works and why it works the way it does is usually the understanding of the Charter. That is the way I view it anyway. The idea here is that you have to engage people and engagement is...I mean, there are limitations. I mean, rules of statutory construction and those kind of things that I have no idea what Hawaii is like. So language that appears on a ballot has to be structured to meet those requirements. But trying to do it in plain language and then getting to people and explaining the importance of it is part of the engagement process. It is a sales process, as far as I am concerned. Council Chair Rapozo: I think that is one of the things that you said that concerns me because that is what has happened here. The Charter Review Commission gets together and it is typically on a subject that is suggested by the Administration. We have the Zoning Board of Appeals going on right now that was suggested by the Planning Department. The Charter Review Commission, and again, I am only speaking for myself. But I believe the Charter Review Commission number one, like you said, you get the information. I forget what term you used. Mr. Angelo: Study. Council Chair Rapozo: No, before your step one. Mr. Angelo: Input. Council Chair Rapozo: Input. You get the input from the public, from the community and it is tough here because everybody has two (2) or three (3)jobs so no one can show up at 9:00 a.m. to a meeting. But there has to be an avenue for that input. Then, you do the study and you do the discussions, and then you said the third point was selling it. That is what is being done here and what has happened is you have the Charter Review Commission who is selling the idea that was put forth to them by the Administration or by the Council, and the language is drafted to encourage the people to support it. I can tell you I have been here for a long time like Councilmember Yukimura, we had the Charter Amendment on separating Parks and Public Works. The whole promise was that it was going to be more efficient and that is what was on the ballot. That was the education; more efficient, save money. No. It has not. The Zoning Board of Appeals passed because it told the public we are COUNCIL MEETING 9 APRIL 26, 2017 going to give these people a second opportunity for a bite at apple, blab blah, it is going to be more efficient, and it is going to save time for our Commission. Then, they appear last week saying, "Oh, it is going to come with a cost." I think that is my problem. I do not think the Commission's job is to sell it. I think the Commission's job is to put out the facts, pro and con, and let the people decide. Again, that is how it has been done. They sell it. They send people out and say, "We have to vote `yes'." Especially when it is drafted in a way that encourages the support. I mean, really, who is going to say "no" to something that is going to save the County money? Mr. Angelo: I think the way the Charter question was placed on the ballot though, it kind of puts the Charter Review Commission in that position because we are charged with determining what is either advisable or necessary by way of Charter changes. So to some extent you have to, as a Charter Review Commission say, "This is a good idea once it is developed from the sources of information that you have tapped." If you do not believe in it, you should not be on it or should not be proposing it. It is not a question of just saying, "Well, we are here to accept your proposal about this issue and your proposal about this issue, and put them up, and see what people like." At some point or another, you have to discharge the duty the voters gave you in the ballot question and say, "We think that is advisable based upon the following criteria," whatever those criterion are. I mean, I have outlined maybe four (4) criteria that seem to be a starting point for what is important by way of judging whether changes in the Charter are advisable. Those criterion are efficiency, fiscal responsibility, responsiveness, and quality of services. I am sure there are probably ten (10) or fifteen (15) more that we are going to develop over a period of time in talking with people. Council Chair Rapozo: Then, a general question as far as the Charter and as far as how often should we review the Charter for changes. What is your position on that? Mr. Angelo: I think there is a voter fatigue that happens. We have seen it. I have seen it in Colorado where every year, we have constitutional changes like, we changed our constitution in Colorado to specifically prohibit a spring bear hunting season because somebody was upset about it. So the voters, a lot of times are so apathetic because they get a book every year with about five (5) or six (6) pages of either initiatives or referendums for statutes or constitutional initiatives and referendums for changes to our State constitution, many of which should not be in the constitution because you lose that flexibility to change it down the road as circumstances change. So what we have seen is the same thing that you have seen, that you get voter apathy about these things and they do not want to take the time to read a twelve (12) or a fifteen (15) page brochure about the proposed changes that the Secretary of State has certified for the election and the arguments pro and con about those things. So I understand it completely, and I think there is an idea here that you really have to be somewhat conservative about your approach about Charter changes. It is a Charter. Council Chair Rapozo: I am that way. Originally, it is ironic. Last year, the Charter Review Commission did a Charter Amendment to keep them. It used to be every ten (10) years you review the Charter. COUNCIL MEETING 10 APRIL 26, 2017 Mr. Angelo: Yes. Council Chair Rapozo: I support that. That is just me. But no. Last year, they conveniently said, "No, let us put it on the ballot, and let us have it forever." So it is like a normal Commission, and that is what I am battling with here because we have ordinances that we can pass. Mr. Angelo: Yes. Council Chair Rapozo: We have initiatives and referendums from the public if they want to see a change. I would assume the five (5) pages in Colorado were probably initiatives or referendums from the community or from the public. Mr. Angelo: Some of them. Council Chair Rapozo: Yes, I would say the majority of them. I do not see governments changing Charters every single election. I do not think there is a need to unless there is something that requires a change. We have the legislative body, which the every week the people can come here to do ordinance changes and amendments, but they are treating the Charter Amendment process like an Ordinance amendment. I will give you a real-life example, the people voted for a County Auditor because it was going to be able to...the public was thinking "we are going to find an auditor and we are going to hammer all of these inefficient departments." They voted for it and we cannot fill it. We cannot. We have to keep it on the books because it is on the Charter and now we have to go back to the public and imagine telling the public that we want to remove the Auditor because the Council wants to do the audits. It is never going to happen. So that should never have been a Charter Amendment. That should have been an addition to the budget as a new department. Anyway, I appreciate that response. I agree with you that it should not be something that we change every year. I would love to see it go back to the every ten (10) year review. Mr. Angelo: Yes. Council Chair Rapozo: Otherwise, the Council has the authority whether it comes from the public, from the Mayor, or from whoever, to put a Charter Amendment on the floor and go through the community public process. Mr. Angelo: I can tell you Colorado every year or every two (2) years, had ballot questions on constitutional amendments ever since 1971. I look at them and my reaction is why the State Legislative is not fully qualified to deal with it instead of changing the spring bear season by Constitution? Council Chair Rapozo: Okay. Are there any other questions for Mr. Angelo? Councilmember Yukimura. Councilmember Yukimura: What were your four (4) criterion again for judging whether an issue should go on the ballot? COUNCIL MEETING 11 APRIL 26, 2017 Mr. Angelo: Efficiency, fiscal responsibility, responsiveness to the citizens, and quality of services. Councilmember Yukimura: Okay. And that brochure you talked about...well, first let me go to your fourth criteria; responsibility to citizen was your third one, right? Mr. Angelo: Responsiveness to citizens and then fourth is quality of services. Councilmember Yukimura: Yes, okay. Where does "in the public interest" come? Mr. Angelo: Oh, I suspect it is out there. It is usually the catch-all. As we both know, that is the "et al" at the end of every phrase. Councilmember Yukimura: Okay, and the brochure that you talked about, which, I guess, the State of Colorado or... Mr. Angelo: State of Colorado Secretary of State publishes a brochure every two (2) years about proposals for change of statute to be initiatives or referendums as well as proposed changes to the Constitution. Councilmember Yukimura: This is pros and cons? Mr. Angelo: Yes. Councilmember Yukimura: So it also describes the local initiatives that are being proposed, too? Mr. Angelo: Normally it does not. It is strictly State initiatives. Councilmember Yukimura: Okay. If the issues were to be focused on important subjects and needed changes, do you feel that the pro and con educational piece is useful? Mr. Angelo: Yes. It helps me. It helped me understand the reasons why and I am fairly astute. I do not understand what is driving the boat on some of those amendments. Councilmember Yukimura: Okay, because that has been quite a lack, I think, here. I get calls from constituents, "What should I do about these Charter Amendments? Do you not have something like they had in California, where..." Mr. Angelo: Of course the issue becomes money in a lot of respects. Councilmember Yukimura: Correct. COUNCIL MEETING 12 APRIL 26, 2017 Mr. Angelo: How much money do you want to spend on creating that? Councilmember Yukimura: Well, and how good is the system without it? Mr. Angelo: No, I agree. I think it is money well worthwhile spent if you want to engage people in the electoral process as opposed to basically having them throw up their hands and say, "I am just not going to deal with it." Councilmember Yukimura: Okay. Thank you. Council Chair Rapozo: Thank you. Are there any other questions? If not, thank you very much Mr. Angelo: Thank you. Council Chair Rapozo: With that, can we have the next item, please? CONSENT CALENDAR: C 2017-99 Communication (04/03/2017) from the Housing Director, transmitting for Council consideration, a Resolution Authorizing The Filing Of The Kaua`i County 2017 Action Plan (Community Development Block Grant) With The Department Of Housing And Urban Development, United States Of America, For A Grant Under Title I Of The Housing And Community Development Act Of 1974 And 1987 (Public Laws 93-383 And 100-242), As Amended. C 2017-100 Communication (04/04/2017) from the Director of Finance, transmitting for Council information, the Period 8 Financial Reports — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of February 28, 2017, pursuant to Section 21 of Ordinance No. B-2016-812, relating to the Operating Budget of the County of Kaua`i for Fiscal Year 2016-2017. C 2017-101 Communication (04/06/2017) from the First Deputy County Attorney, transmitting for Council information, the Quarterly Report on Settled Claims against the County of Kauai from January 1, 2017 through March 31, 2017. C 2017-102 Communication (04/10/2017) from the Director of Finance, transmitting for Council information, the Third Quarter Statement of Equipment Purchases for Fiscal Year 2016-2017, pursuant to Section 17 of Ordinance No. B-2016-812, the Operating Budget of the County of Kaua`i for Fiscal Year 2016-2017. Councilmember Kagawa moved to receive C 2017-99, C 2017-100, C 2017-101, and C 2017-102 for the record, seconded by Councilmember Kaneshiro. COUNCIL MEETING 13 APRIL 26, 2017 Council Chair Rapozo: Is there any discussion? Is there any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to receive C 2017-99, C 2017-100, C 2017-101, and C 2017-102 for the record was then put, and carried by a vote of 6:0:1 (Councilmember Kawakami was excused). Council Chair Rapozo: Motion carried. Next item, please. COMMUNICATIONS: C 2017-91 Communication (03/13/2017) from Councilmember Chock, requesting the presence of the Planning Director, to provide a comprehensive presentation on the duties and responsibilities of the Zoning Board of Appeals, and other related matters: Councilmember Kagawa moved to receive C 2017-91 for the record, seconded by Councilmember Kaneshiro. Council Chair Rapozo: Is there any discussion? Is there any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to receive C 2017-91 for the record was then put, and carried by a vote of 6:0:1 (Councilmember Kawakami was excused). Council Chair Rapozo: Next item. C 2017-103 Communication (04/04/2017) from the Housing Director, requesting Council approval for the following: a. Fee simple acquisition from the owners of the residential unit at 3920 Haoa Street, #113, Lihu`e, Kaua`i, Hawaii, TMK: (4) 3-5-001-165-0003, for not more than $193,600.00; b. Fee simple resale of the residential unit situated at 3920 Haoa Street, #113, Lihu`e, for not more than $193,600.00, to a participant on the Affordable Housing Program Waitlist and subject to the County of Kaua`i's Restriction on Sale or Transfer, Debt and Use for a period of twenty (20) years; COUNCIL MEETING 14 APRIL 26, 2017 c. Authorize the County Clerk to sign legal documents related to the acquisition and resale transactions. Councilmember Kagawa moved to approve C 2017-103, seconded by Councilmember Yukimura. Council Chair Rapozo: Is there any discussion? Is there any public testimony? Councilmember Yukimura, did you have discussion? Councilmember Yukimura: Yes. Council Chair Rapozo: Is there any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Go ahead. Councilmember Yukimura: Yes. I just want to point out the real value of our buyback clauses. (Councilmember Kawakami was noted as present.) Councilmember Yukimura: I believe this unit was a requirement of a developer to provide affordable housing. If we had not attached a buyback clause, this unit would be selling probably for three hundred thousand dollars ($300,000) or four thousand dollars ($400,000), but because of buyback clause, we are able to buy it back and sell it at one hundred ninety-three thousand six hundred dollars ($193,600), which is an affordable price for a unit. So this is a really important way to keep units that are built as affordable housing in the affordable housing inventory and allow it to be transferred to others who need it at point of transfer. Council Chair Rapozo: Thank you. Are there any other comments? Go ahead. Councilmember Kagawa: I just wanted to verify. Where is Haoa Street? Is that across from Vidinha Stadium? Councilmember Yukimura: Yes. Council Chair Rapozo: Yes. Councilmember Kagawa: Okay. Thank you. Good job. Council Chair Rapozo: Again, thank you to the Housing Agency. Kanani is here today, along with... COUNCIL MEETING 15 APRIL 26, 2017 Councilmember Brun: Steve Franco. Council Chair Rapozo: Who? Councilmember Brun: Steve Franco. Council Chair Rapozo: Steve. Thank you, Steve. Councilmember Yukimura said it best. The buyback clauses, and as I am reading the memorandum, it looks like we are taking it from ten (10) year buyback to a twenty (20) year buyback that the Housing Agency is actually recommending. So with our approval today, this will become a twenty (20) year buyback instead of a ten (10) year. Thank you very much for making that change. That is going to keep this unit affordable for at least twenty (20) years, and that is a good thing. The motion to approve C 2017-103 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Thank you very much. Next item, please. C 2017-104 Communication (04/06/2017) from the Director of Finance, transmitting for Council consideration, a proposed amendment to Ordinance No. B-2016-812, as amended, relating to the Operating Budget of the County of Kauai, for the Fiscal Year 2016-2017, by revising the amounts estimated in the Solid Waste Fund, to create the proper appropriation account to record expenditures related to loan payments made to the State Revolving Fund (SRF). (SRF Loan Repayment - $17,595.00): Councilmember Yukimura moved to receive C 2017-104 for the record, seconded by Councilmember Kagawa. Council Chair Rapozo: This is just the Communication. The Bill will come up later. Is there any discussion? Councilmember Kagawa. Councilmember Kagawa: I just wanted to say as we see these transactions coming, this is a State Revolving Fund (SRF) loan repayment, but I just cannot be more disappointed with the performance of Solid Waste Division from talking about these. We have had them here a couple of months ago about the recycling program where they went outside, tried something new, and told us, "Well, by January, we will be accepting all recycled materials; cardboard, glass, and whatever, at the recycling center by the Lihu`e Transfer Station." After telling us everything was going to be okay, everything went south. It was the farthest thing from good. The performance of the Solid Waste Division to come before us and say that everything was going to be okay and to instead, have this thing be one of the worst disasters I have ever seen as far as performance by the Department of Public Works anywhere, is embarrassing. I know they have changed leadership, but I think they need to change more than the leadership. They have to change all the people underneath, too, because we are not making good decisions, it is embarrassing, and I do not know what we are going to do, but we need a total turnaround. I do not know if you throw them in the rubbish can or you mix them all up with the mixer, but it is embarrassing. The public, if they only knew the performance and the commitments made here, they would really be upset that the Solid Waste Division is performing COUNCIL MEETING 16 APRIL 26, 2017 like that. So I do not know what we are going to do, but I urge the Mayor to shake the bag now. Thank you. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: It true that this item regarding the SRF loan program came out of the Notice of Violations for our transfer stations and did signal to us a major mismanagement issue. But I also want to say that I think the Administration has taken this situation and done good crisis management, and this SRF loan repayment process is probably the best way to pay for what we have to pay for. (Councilmember Chock was noted as not present.) Councilmember Yukimura: I think since the crisis, there has been major efforts to address this particular issue. (Councilmember Chock was noted as present.) Council Chair Rapozo: Is there any other discussion? The Bill will be coming up later, but to address Councilmember Kagawa's concerns, it was in the paper. So it is no secret that we had some issues. It is going to be in his Committee next week Wednesday. No, not next week Wednesday. Is there a meeting next week Wednesday? May 10th. It will be in his Committee May 10th, so he will be able to at least share with the public exactly what goes on because I tend to agree with Councilmember Kagawa that a lot of these things happen and the public is not aware. They get the tax bills, they get the word that we are going raise property taxes, and can I tell you the crisis Councilmember Yukimura talked about, I can tell you it was not because the Administration came up willingly and said, "Hey, let us go and fix some problems." That was not the case. The reality was you had employees complaining for a long time. The employees came to the Council. I am not saying this to brag, but if I did not come across the transfer of funds that was hidden in some document, we would have never known about that fine. I appreciate Councilmember Yukimura. She has been here a long time and she has seen a lot of things. This Council tries really hard to find ways to make this County run more efficient, and often times, it is not pretty. It seems like it is one of the things that I hear, "Oh, you and the Mayor have to work together." We try to work together, but at some point, we cannot continue to sit back and pretend nothing is wrong. The only way we can get action is by having them here, and that is what this Council has done at least since I have been the Chair. At least we bring them up here now. It is no longer memorandums going back and forth, the meetings and saying, "We promise to do better." No. We are going to bet the public know because that is the only way to get things get down. Now, what is coming in the budget, you will see it in the Capital Improvement Project (CIP) budget, you will see more money being requested to fix the problems that came off those violations. I think what Councilmember Kagawa is saying is, "Where is the accountability?" That is where we have to work. Some people have to be held accountable. It is not airing dirty laundry. I think the public has a right to know how we are spending your money, and that is what we are going to do. COUNCIL MEETING 17 APRIL 26, 2017 That is the only way, I think, we get any kind of movement. So anyway, Councilmember Kagawa. Councilmember Kagawa: I just want to close it. For me, the worst part is how we say, "Well, the key to reducing waste and reducing landfill is recycling." In order to have recycling work, you need the public to buy in. If the public is buying in but we, on County end, the ones who are telling everybody to recycle, we cannot even accept the recycled goods, then is that not a major flop? That is exactly what has happened with our recycling efforts. We have failed miserably, and we have lied before the Council. I hope each and every one of you takes that personally because it is not pono to tell us everything is okay and everything is not okay. I have major concerns that we allow those things to happen and those employees continue to work for us. Why? I mean, is that not important enough to do something, do something drastic? I just want to know what we are going to do further because this is not okay. It is not okay to cause millions of dollars of lawsuits and continue to be allowed to do the same jobs over and over again without any repercussions. In the private sector, you would have been gone for a long time. I do not know what we are going to do, but we have to do something. Thank you. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: Council Chair Rapozo, I agree there is a lot to be discussed about the recycling center, but I do not believe that is the subject of this item. The item is the State Revolving Fund and it is really kind of out of order to be talking about the recycling center. Councilmember Kagawa: You do it all the time, Councilmember Yukimura. Council Chair Rapozo: Hang on, hang on. Listen, let me just... Councilmember Yukimura: May I finish? Council Chair Rapozo: Let me correct you because Councilmember... Councilmember Yukimura: Well... Council Chair Rapozo: Let me finish, Councilmember Yukimura. Councilmember Yukimura: Can I finish, please? Council Chair Rapozo: No. I want you know before you continue to make statements. Councilmember Kagawa brought it up, he went. You followed and talked about the transfer stations. So was it okay then? Councilmember Yukimura: Well, sir, I could have done a point of order and I chose not to. Council Chair Rapozo: Oh, my gosh. COUNCIL MEETING 18 APRIL 26, 2017 Councilmember Yukimura: But this is not appropriate. It is not on the subject. Council Chair Rapozo: But when you spoke of it, it was okay? Councilmember Yukimura: Well, I had to explain what this is about. This is about the transfer station. It is not about the recycling center. In fact, Council Chair Rapozo, I do not think I said anything about the recycling center. All I talked about was the transfer stations and that is on point. Council Chair Rapozo: Continue. Councilmember Yukimura: So actually there was a major response, a very appropriate managerial response on the part of the Mayor to the problem of the Solid Waste Division. I feel it is something that should be acknowledged because it is going to set us on the right track. So that is mainly what I wanted to do. We can keep...I am sorry, he mentioned it first. Council Chair Rapozo: Go ahead, Councilmember Yukimura. Councilmember Yukimura: So we need to acknowledge when there is a good response and what I wanted to say is there was a long history. Council Chair Rapozo is right. We were all part of it. We had great concern about how the transfer stations were being managed, planned for, ignored, and neglected. I think that is turning the corner because of some good management response that also needs to be acknowledged, and that is all I was trying to do. Council Chair Rapozo: Well, as soon as there is some positive responses from the Administration, I will acknowledge that. How about that? I have not seen that. I have not seen that, and what may appear to some of you as being a good move, I disagree. Let us leave it with that. We will deal with the Bill when it comes up. We will have the Department of Public Works here to address the Bill. There is a motion. Is there any public testimony? There being no objections, the rules were suspended to take public testimony. MATTHEW BERNABE: Matt Bernabe, for the record. Good morning. I am a member of the public that is aware of many of the problems we are facing with solid waste. I am absolutely frustrated. I am happy with the direction you folks are going. As a public member, I fully support the adversarial checks and balances role you play as Council in this Administration's running of the Solid Waste Division. So keep up the good work, ask the critical questions, and put them in the hot seat. This is what your job is and this is what I like to see. I could leave right now the way I listened to everything. I am not going say nothing negative because you folks are on the right track. Thank you. Council Chair Rapozo: Anyone else? COUNCIL MEETING 19 APRIL 26, 2017 There being no further testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: There is a motion to receive. The motion to receive C 2017-104 for the record, was the put and unanimously carried. Council Chair Rapozo: Next item, please. C 2017-105 Communication (04/11/2017) from the Chief of Police, requesting Council approval to use unexpended funds in Account No. 001-1001-551.43-01 (Kaua`i Police Department, Chiefs Office, Repair and Maintenance Building), for an unbudgeted purchase of movable, non-permanent privacy walls at an approximate cost of $40,500.00 to expand the Chiefs Office at Ka Hale Makai o Kauai, to accommodate the increase in personnel assigned to the Chiefs Office as a result of the creation of the Office of Professional Standards, which includes investigators who handle matters involving internal affairs and accreditation: Councilmember Kagawa moved to approve C 2017-105, seconded by Councilmember Yukimura. Council Chair Rapozo: Is there any discussion? Is there any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to approve C 2017-105 was then put, and unanimously carried. C 2017-106 Communication (04/12/2017) from the Chief of Police, requesting Council approval to use anticipated unexpended funds in Account No. 001-1001-551.88-02 (Kaua`i Police Department, Chiefs Office, Leased Vehicles), for an unbudgeted purchase of fifteen (15) newly marked Ford Explorer patrol vehicles, at an estimated cost of $50,000.00 to $55,000.00 for each vehicle (total of $750,000.00 to $825,000.00), with the cost of an annual lease anticipated to be $178,000.00 per year for five (5) years, as the Kaua`i Police Department is in year two of a three year strategic vehicle replacement plan, which necessitates the purchase of forty-five (45) newly marked patrol vehicles over the next three (3) years, this request is made with the understanding that no vehicles will be budgeted in Fiscal Year 2018: Councilmember Kagawa moved to approve C 2017-106, seconded by Councilmember Brun. Council Chair Rapozo: Is there any discussion? Councilmember Yukimura. Councilmember Yukimura: I have a question. COUNCIL MEETING 20 APRIL 26, 2017 Council Chair Rapozo: We will suspend the rules without objection. Can we have someone from the Police Department? There being no objections, the rules were suspended. ROBERT GAUSEPHOL, Assistant Chief: Good morning, Rob Gausephol, for the record. Council Chair Rapozo: Go ahead, Councilmember Yukimura. Councilmember Yukimura: Thank you all for being here. My question, I think, is fairly simple. By saying that you will not budget anything for Fiscal Year 2018, which is the budget that is before us right now, is there an item that is in there right now that will be removed? Mr. Gausephol: Yes. Councilmember Yukimura: Okay. Of this amount? Mr. Gausephol: Yes. Councilmember Yukimura: Okay. You are mainly just moving it up to expedite and get those vehicles faster? Mr. Gausephol: Yes. Councilmember Yukimura: Okay, that is all I wanted. I am sorry. I could have checked beforehand. Council Chair Rapozo: I think it is a good question because the public screams when they see these things. Councilmember Yukimura: That is true. Council Chair Rapozo: What the heck? Nine hundred thousand dollars ($900,000). Anyway, it is one hundred seventy-eight thousand dollars ($178,000)? Mr. Gausephol: Yes. It is a five (5) year lease. Council Chair Rapozo: Correct. Councilmember Brun. Councilmember Brun: So the one hundred seventy-eight thousand dollars ($178,000) for next year is already in the budget? Mr. Gausephol: Yes. Councilmember Brun: By doing it this year, what are we taking out of next year's budget? COUNCIL MEETING 21 APRIL 26, 2017 Mr. Gausephol: That item. Councilmember Brun: But we still have to pay... Mr. Gausephol: We are not going to be buying vehicles next year. Councilmember Yukimura: Dollar for dollar. Mr. Gausephol: Yes. Councilmember Brun: But you still have to pay one hundred seventy-eight thousand dollars ($178,000) per year, right? So every year, you have to budget one hundred seventy-eight thousand dollars ($178,000) per year, or are we going to budget nine hundred thousand dollars ($900,000) now and then pay it over five (5) years? Mr. Gausephol: We are not starting it next year. We are starting it this year. We have the money this year. It is exactly what we did last year to try to get the strategic vehicle replacement plan in place. Councilmember Brun: So somehow last year's budget has an extra one hundred seventy-eight thousand dollars ($178,000)? Mr. Gausephol: I believe that it rolled over in that same line item. Councilmember Brun: Okay. So our budget on May 8th should get some cuts then if we have that money leftover? Councilmember Yukimura: Actually not, right? Council Chair Rapozo: Well, yes because it is one hundred seventy-eight thousand dollars ($178,000) per year for five (5) years. So what is happening is they are going to spend it with money that they have in their budget this year, but next year, you are right. It will show up as one hundred seventy-eight thousand dollars ($178,000) for the second year. Councilmember Yukimura: Yes, that is right. Councilmember Brun: Yes, that is what I am asking. Council Chair Rapozo: So basically, they did it last year. So, in the supplemental budget last year, they are going to be using the second year lease payment for this one. It is almost a wash, currently, but we will have the savings in the fifth year, which will be the fourth year. Councilmember Brun: Five (5) years from now? COUNCIL MEETING 22 APRIL 26, 2017 Council Chair Rapozo: So basically, they are expediting the purchase because it does take time, too, to order these things and get them in. Mr. Gausephol: Yes. They have to be ordered. We have to go through the procurement process. Council Chair Rapozo: Right, but it is going to be encumbered this year, right? You are going to encumber these moneys this year out of existing 2016-2017 budget? Mr. Gausephol: Yes. I am sorry. I did not understand your question. Councilmember Brun: And then, it is like, because we hear it all the time. Every one of us hears it about how big your budget is, and I am just hoping that we can find a way to reduce the budget because somehow we found one hundred seventy-eight thousand dollars ($178,000) this year, so that means we over budgeted this year. Mr. Gausephol: No. Councilmember Brun: And we never spend money. Mr. Gausephol: No. What happened, and we have a Fiscal Officer here. She can explain it in detail. I am not really sharp on that, but my understanding is that the payment did not come through until the fiscal year rollover. So the money was encumbered, but not actually expensed. We did plan it,but because it took so long to get the vehicles, it moved into the next year. If I am not doing a good job, then we can call Daurice up here. Councilmember Brun: I will probably ask Councilmember Kaneshiro later on. Councilmember Kaneshiro knows more about finance than me. Council Chair Rapozo: That was the napkin exercise you gave me the last time. Councilmember Brun: Yes. Council Chair Rapozo: The encumbrance versus actual. Yes, you taught me everything I know. Councilmember Kaneshiro. Councilmember Kaneshiro: I think the confusing part was when it said, "with the understanding that no vehicles will be budgeted in the upcoming fiscal year," but in actuality, there not going to be a change in the 2018 budget because they are paying it this year and then they are going to have to pay it again next year anyway. Even when I read this at first, I was thinking, "Wait, how are we going to get a reduction in the budget we are looking at now when we are make the payment now, the payment is not to go away." We are just pushing the purchase. COUNCIL MEETING 23 APRIL 26, 2017 Mr. Gausephol: You are right. It is my bad. I did not explain it well. Councilmember Kaneshiro: I am glad Councilmember Brun brought it up because that was a question I was going to have as far as the budget. Council Chair Rapozo: Maybe...hang on. We can bring the Fiscal Officer coming up. Mr. Gausephol: Let us bring the smart person up. Council Chair Rapozo: If you could just state your name for the record. DAURICE A. ARRUDA, Fiscal Officer: Daurice Arruda, for the record. Actually, it will reduce next year's budget because last year was the first year that we expedited the financing. So by the time the contracting gets done, our contract encumbrance rolls over and that is what we use for the first year of payment. So this will be the same thing. We will encumber the money for the contract with Fiscal Year 2017 funds, and then in 2018, we will have that money to pay the first year of payments. So you will be able to take out one hundred seventy-eight thousand dollars ($178,000) from next year's. Council Chair Rapozo: So the second year lease payment... Ms. Arruda: Will not be until 2019. Council Chair Rapozo: Right. Okay. Ms. Arruda: So there will actually be a reduction. Council Chair Rapozo: Okay. Thank you for being here today. Councilmember Brun: Thank you. Mr. Gausephol: Yes. Thank you very much, Daurice. Council Chair Rapozo: Councilmember Kaneshiro. Councilmember Kaneshiro: I stand corrected. The budget for this year should be reduced then. Councilmember Brun: Right. Councilmember Yukimura: Yes. Council Chair Rapozo: Yes. COUNCIL MEETING 24 APRIL 26, 2017 Councilmember Brun: Okay. So we should see that one hundred seventy-eight thousand dollars ($178,000)? Ms. Arruda: Yes. Mr. Gausephol: I apologize again. Council Chair Rapozo: Thank you for bringing the resources. Mr. Gausephol: I was wrong twice. Council Chair Rapozo: It is refreshing when you can answer it here and not have to say, "We have to get back to you." I like this. This is how it is supposed to be. Councilmember Kagawa. Councilmember Kagawa: Thank you, Council Chair Rapozo. If these leased vehicles encounter accidents or damage to the body or engine that are unforeseen, are we on the hook for those damages when the vehicle lease is up? Mr. Gausephol: Yes. That is part of Glenn's budget. Councilmember Kagawa: I would think that there are expectations that if a police vehicle encounters some bumps and bruises along the way. I have seen some of the cars and I see dents that I wonder if they were necessary or not, but that is not for me to talk about today. Did we figure into that possibility that maybe leasing sounds good, feels good, but is not good for a job that requires the performance of a police officer chasing criminals? Mr. Gausephol: To me, that is more of a purchasing route that is more palatable. We get a pretty consistent annual budget line item. We end up owning the vehicles at the end. Councilmember Kagawa: Oh, through this lease route? Mr. Gausephol: Yes. Councilmember Kagawa: So we are leasing it for five (5) years? Councilmember Yukimura: Lease to buy. Mr. Gausephol: Yes. Councilmember Kagawa: Leasing it for five (5) years, and then after five (5) years, what happens? TROY K. SAKAGUCHI, Police Sergeant: It is pretty much ours. Mr. Gausephol: They are ours. COUNCIL MEETING 25 APRIL 26, 2017 GLENN Y. EBESU, Fleet Coordinator: We own it. Councilmember Kagawa: We own it after five (5) years? Mr. Sakaguchi: Yes. Mr. Gausephol: Right. Councilmember Kagawa: So it is just like a loan payment is what it is? It is not really the typical lease where you return the vehicle? Mr. Gausephol: No. Mr. Sakaguchi: No, we do not return it back. Councilmember Kagawa: Okay. Council Chair Rapozo: Councilmember Brun. Councilmember Brun: It is a follow-up. At the end of the five (5) year lease, we do not have another because when you lease a vehicle, at the end of five (5) years, you have to pay four thousand dollars ($4,000) or five thousand dollars ($5,000) to own the vehicle? It is lease to own, we pay the five (5) years, and we own the vehicle after that? Mr. Gausephol: That is my understanding, but I do not want to make...yes, correct. Councilmember Brun: Okay. Thank you. Council Chair Rapozo: The term "lease" is kind of confusing because typically, you have to have a balloon payment at the end. But in this case, I do not know why they call it a "lease." It is really financing. It is a five (5) year financing on the vehicles. It is not so much a lease. Who the heck would buy this thing after five (5) years anyway with two hundred thousand (200,000) miles on them? Councilmember Kawakami. Councilmember Kawakami: Thank you, Council Chair Rapozo. What is the typical life span of these vehicles? Mr. Gausephol: It varies. Some vehicles are better built than others. That is why there is a Lemon Law. Then, we have vehicles that are used much more than others. It depends on what geographical area they are assigned to. The outside stations put way more miles on their vehicles. So it really depends. We hope to get seven (7) years. Glenn. Mr. Ebesu: We have a general order of six (6) years and ninety thousand (90,000) miles, which pretty much is the standard for the Police in many areas. If we follow that, as far as repairs go, remember we have a three (3) COUNCIL MEETING 26 APRIL 26, 2017 year thirty-six thousand (36,000) bumper-to-bumper warranty, but the powertrain covers five (5) years and sixty thousand (60,000) miles. By keeping it on a shorter less years, we save on major repairs because it will cover transmissions and rear-ends. (Councilmember Chock was noted as not present.) Mr. Ebesu: We just had a 2013 that the rear end and the transmission went out, and was covered under warranty, versus purchasing all of the parts to have that repaired. The estimated costs on our parts would be close to five thousand dollars ($5,000), which was under warranty. (Councilmember Chock was noted as present.) Councilmember Kawakami: One (1) more question, Council Chair Rapozo. What do we do with the vehicles at the end of their life span when you rotate them out? Mr. Gausephol: That is a good question because what Glenn has been doing and he is modest, so I know he is not going to say the whole thing. But what Glenn has been doing is cannibalizing the vehicles, and that is the term that I had to Google because I wanted to make sure it was the right one. But it is where you take a vehicle and you take parts off of that vehicle and repurpose them on other vehicles. So Glenn has saved the County a tremendous amount of money by doing that. That has been our policy so far. Now, the way Troy and Glenn have worked very closely together to outfit the vehicles now where we can deconstruct them and repurpose them. So they could be used by anybody in the County. They will not be up to par as a pursuit rated vehicle, but they would be usable vehicles. Councilmember Kawakami: Reduce, reuse, and recycle. Mr. Gausephol: Yes. In the past, we had no option because of the way they were outfitted. They would not have back seats, the cage had to come out, there were holes in the roof, et cetera. They were not vehicles that we would want to do anything but auction at a very low price. We were losing money on every single vehicle, so we devised a plan to outfit the vehicle with parts that could be deconstructed and reuse the whole vehicle. Councilmember Kawakami: Thank you, Council Chair Rapozo. Council Chair Rapozo: Thank you. Councilmember Kagawa. Councilmember Kagawa: Thank you, Council Chair Rapozo. I think we are reaching a point budget-wise that we are no longer able to just spend as we want like we used to. I think we are coming on hard times. Police and Fire, you folks are the biggest budgets by far and we want to do the service, but yet, we are not going to give you folks unlimited funds to accomplish your duties. We are going to give what I believe what you need to survive just like everybody else. Who is in charge of the vehicle usage to make sure that perhaps maybe it may not be necessary for every COUNCIL MEETING 27 APRIL 26, 2017 police officer that maybe spends most of the time at the office to have a car? Do you folks have a motor pool running to see perhaps we do not need as many vehicles as we have, or we can share? Mr. Gausephol: We have not increased... Councilmember Kagawa: Who is in charge of the vehicle usage and tracking use to see whether we need fourteen (14), or fifteen (15), or ten (10), or whatever going forward the next time we buy? Who is in charge? Mr. Gausephol: Right now, the Bureau of Commanders are in charge of their Bureaus. As far as this strategic plan that we submitted last year, we basically came up with it because we had a severe need, and in the past, we were not getting vehicles. We were denied vehicles. We got four (4) vehicles one (1) year. It was getting to a point where it was dangerous for the public to send vehicles out responding in emergency mode, which we expect them to be able to do, and trust that vehicle is going to get there, number one, and get there safely. So we are in what I consider to be dire straits to where we had to come up with a plan to say, "If we have forty-five (45) vehicles over three (3) years, that will satisfy just the basic need." Councilmember Kagawa: So with the forty-five (45) being purchased, are we going to be okay or are we still behind? Mr. Gausephol: We are going to be okay up to that point and then we are going to reevaluate. It will not be fifteen (15). Glenn is estimating eight (8) to ten (10) year to replace the marked vehicles. Councilmember Kagawa: Because we also have those that police own their vehicles. They are on that different program. Mr. Gausephol: Subsidized, yes. Councilmember Kagawa: Subsidized vehicles. So I mean, with those on-board, we need less marked vehicles, right? Mr. Ebesu: Less unmarked vehicles. Councilmember Kagawa: Yes, less unmarked vehicles. Council Chair Rapozo: No, less marked. With the subsidized, he is saying if you get all of these subsidized, it should take the burden off the blue and whites? Mr. Sakaguchi: It should take the burden off of unmarked vehicles. Mr. Gausephol: Only Sergeants and above that are allowed to have subsidized. So it would take nine (9) marked vehicles. COUNCIL MEETING 28 APRIL 26, 2017 Mr. Sakaguchi: We cannot eliminate the marked fleet because the subsidized program only goes to the Sergeants and a lot of them on the fleet are all officers running the beat. We are actually reducing our unmarked fleet because we are not buying any unmarked vehicles like the Taurus, Camry, or the Prius that we were in the past. As far as accountability as far the fleet, I am pretty sure that we have not increased the fleet since I have been here. Mr. Gausephol: No, we have not increased it. Mr. Sakaguchi: So, seven (7) to ten (10) years. We have not added a car. We have only basically just bought new ones and taken off the old ones. Councilmember Kagawa: My question is not to be difficult, but perhaps in the past maybe we had too many cars, and now as we reach dire straits, we find that maybe every officer did not need a car, especially those who primarily spend time working at the office. I do not know what the status is. I am just asking if we are having that kind of evaluation to make sure as times get tougher, budgets are tighter than ever for us. We are being asked to increase property taxes eighty dollars ($80) per house, only, that is what the Mayor said, "Only eighty dollars ($80) per house." But before I do that, I want to make sure that we just try harder in every single way whether it be salaries, overtime, or cars, that we are not using more than we need. So if you are saying that we are not adding anymore, so you are right. I am asking if you went back and look. In the past, was that too much? Mr. Gausephol: We evaluate it every year. Councilmember Kagawa: Okay. Mr. Gausephol: We make sure that we do not have too much. I guarantee you. Our budget is eight percent (8%), I believe, eight percent (8%) or nine percent (9%) for everything other than salaries. So that big budget is primarily salaries. We are trying to be as fiscally responsible as we can be. We evaluate and trust me, I have a very hard taskmaster sitting over here that ensures that our budget is as lean and realistic as it can be. Councilmember Kagawa: Thank you. Mr. Gausephol: We go through not just cars, but every single line item on a regular basis, not just once a year. So we are trying to do as good a job as we can. We understand the problems. Councilmember Kagawa: I understand and appreciate your answer. What you said is exactly what I wanted to hear, because you guys are fighting for your Department and trying to do your best to cut. On our end, we are trying our best to serve the public. Mr. Gausephol: Absolutely. Councilmember Kagawa: Thank you. COUNCIL MEETING 29 APRIL 26, 2017 Mr. Gausephol: Here is an opportunity to actually, save money for next year's budget. I think it is a win-win for everybody. We expedite our vehicles and save money in next year's budget. I think this is actually a good thing. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: I want to say over the last three (3) or four (4) years, I have seen extraordinary efforts from the Police Department in reducing costs and doing things more efficiently. The example of Glenn's cannibalization program, the mezzanine, and that there are so many ways you have been really scrutinizing your budget. I appreciate that. My question is you mentioned, I guess, your blue and white vehicles have to qualify as pursuit vehicles. Mr. Gausephol: Yes. Councilmember Yukimura: I wondered how you achieve that with your subsidized vehicle program, but you explained it in the discussion. That is the reason only Sergeants and above get to have the subsidized vehicles. Mr. Gausephol: That is correct. Councilmember Yukimura: Because then they are not used as patrol cars. Mr. Gausephol: They are not going to be in pursuit. Councilmember Yukimura: Yes. So these blue and white cars that we are purchasing are the ones designed for pursuit and are used accordingly? Mr. Gausephol: Yes. If there is an emergency or any kind of call for service that requires an officer to expedite getting there and helping somebody, an injured person, or somebody being a victim of a crime, I think we all agree that we want that vehicle to get there safely, and that is why these policies are in place and that is why there is that pursuit rated label that we are shooting for. Councilmember Yukimura: That is probably why they are more expensive, too, but you are using them according to the capacity of the vehicle. Mr. Gausephol: Yes. Councilmember Yukimura: Okay. Thank you. Mr. Gausephol: Thank you. Council Chair Rapozo: So the subsidized vehicles, Sergeants and above are not pursuit rated? So they cannot pursue in those cars? Mr. Gausephol: They cannot. Mr. Sakaguchi: We have two (2) currently. COUNCIL MEETING 30 APRIL 26, 2017 Council Chair Rapozo: What do you mean, two (2)? Mr. Sakaguchi: When Sergeants bought their vehicles, they bought police pursuit graded vehicles from the manufacturer, and those became subsidized. So if I am not mistaken, those are. Council Chair Rapozo: Okay. Now the subsidized vehicle, and for some reason I thought we were going to do subsidized for patrolmen, but it is Sergeants and above? Mr. Gausephol: Yes. Mr. Sakaguchi: I think the major hurdle that we are dealing with is transport. Council Chair Rapozo: Right. Mr. Gausephol: Prisoner transport. Mr. Sakaguchi: How are you going to transport an arrestee in those vehicles? Council Chair Rapozo: Well, because obviously not everybody is going to have subsidized. You still have to have a blue and white. Mr. Sakaguchi: Yes, you would still have to have some sort of fleet. Council Chair Rapozo: Is it cheaper to the County to subsidize? Mr. Gausephol: It is. Council Chair Rapozo: Because again, forgive me. I thought it was for patrol. I am wondering now, let us say a Lieutenant or an administrative person has a subsidized, they are not going to pursue. It is just a car, right? Mr. Gausephol: Well, they can go code, but they cannot do pursuit types of things. Council Chair Rapozo: Right. Again, I am talking about like...I do not know. I would assume everyone who is a Sergeant and above now probably has a subsidized car, right? Mr. Gausephol: No, not everybody. Council Chair Rapozo: What percentage? Mr. Sakaguchi: I think the last check was short fifteen (15) positions. COUNCIL MEETING 31 APRIL 26, 2017 Council Chair Rapozo: You have fifteen (15) subsidized vehicles? Mr. Sakaguchi: No, fifteen (15) positions that are eligible that are not subsidized, if I remember properly. Council Chair Rapozo: Okay. What is the cost benefit to do a subsidized on a non-pursuit position in the Department? Mr. Gausephol: I know there is a cost benefit. We can get you that exact number. Council Chair Rapozo: Okay. Mr. Gausephol: I do not know it off the top of my head. Council Chair Rapozo: Okay. Mr. Gausephol: I know it is less expensive though. Mr. Sakaguchi: As far as functional capacity, though, we would still expect these people to respond in major incidents, especially with the recent one we had in Wainiha. All of the Lieutenants and other people responded in their subsidized vehicles, which was not really possible in the past when we were outfitting them with Prius and Taurus. Council Chair Rapozo: And then these cars here, are these take home cars or are these full-time patrol? Are the cops going to be assigned these? Mr. Sakaguchi: Ninety percent (90%) of the fleet is take home. Council Chair Rapozo: Ninety percent (90%) are take home? Mr. Sakaguchi: Ninety percent (90%). Council Chair Rapozo: So that is how we can get the mileage and the warranty to extend because if those cars go around the clock, it will eat up the warranty really quickly. So ninety percent (90%) of these vehicles will be assigned to one (1) officer? Mr. Sakaguchi: When I looked at other Departments that run their vehicles twenty-four (24) hours, they are getting a maximum of a year and a half to two (2) years before they have to decommission them because they just take a toll. So by us spreading out the vehicles to individual officers, they tend to take care of the vehicles a little better and their mileage, they extend it out to six (6) years. Council Chair Rapozo: Well, you are using it one-third (1/3) the time. Mr. Sakaguchi: Exactly. So that is the advantage for us, that we keep the cars on the road longer. COUNCIL MEETING 32 APRIL 26, 2017 Council Chair Rapozo: Okay. Councilmember Brun. Councilmember Brun: What is the main reason we are doing take home vehicles? Mr. Sakaguchi: Take home vehicles was designed to increase the amount of vehicles on the streets, especially on crossovers, you have a lot of people going home. As far as call-outs, they can immediately, from their house, get in their vehicles and be an officer ready to go, as opposed to having to drive into the station get changed, put their gear in, and go out, especially where we live and farther places. When we need an officer for major disasters, we can call them right from their house and they can respond right there. They are ready to go right there on the spot. Councilmember Brun: I know before when my uncle was a cop, they all used to switch three (3) shifts. So by doing it the way we are doing now, we are not saving any money? Mr. Sakaguchi: As far as? Councilmember Brun: As each officer has their own vehicle? Mr. Gausephol: I think we are saving money because we would have to buy new vehicles every other year. Mr. Sakaguchi: Yes. When we run the vehicles twenty-four (24) hours a day, most departments get a year to a year and a half, and then they have to replace those vehicles. We get six (6), seven (7), eight (8), or ten (10) years out of these cars because we are not putting the amount of stress and... Mr. Gausephol: Just for your own knowledge, I have been here for quite a while and I have had a take home car when I was in Traffic years ago. I have responded to bank robberies, I have responded to shots fired events, and I responded to all kinds of things with McDonalds on my way home. It is a benefit that if we did not do that, I think that the service to the community would dip considerably. We have people responding to and from work. We have people that take care of things in their own neighborhoods because they have at their take home cars. If we thought it was not financially responsible, we would not do it. If we thought it was being abused, we would not do it. But you get people doing things that are just pretty extraordinary because they are in their uniform and they are in their take home car. Councilmember Brun: Could we not do Traffic in subsidized vehicles? Mr. Gausephol: Traffic Safety? Councilmember Brun: Yes, because most of the time they are not transporting. COUNCIL MEETING 33 APRIL 26, 2017 Mr. Gausephol: We have two (2). The Sergeant and Lieutenant have subsidized, but the other officers have vehicles that actually, we are going to be replacing four (4) of them. Mr. Sakaguchi: They do transport, especially Driving Under the Influence (DUI) and bench warrants. Mr. Gausephol: We do a lot of DUIs. Mr. Sakaguchi: They do a lot of traffic enforcements also, which would require the need for that pursuit type of vehicle. It would be hard. Councilmember Brun: I just think if we can do more subsidizing with Patrol. Rarely is there one (1) police officer on a stop waiting to transport a subject. So there would be someone with a regular police car to help them out. I am just trying to balance it. If we are saving money, maybe we put some in the Patrol because they work together anyway. There is always more than one (1) person at a stop almost all the time. Mr. Gausephol: I have made thousands and thousands of stops, and most of the time, I was by myself in Traffic. Mr. Sakaguchi: Yes. Traffic is a little different. They tend to work by themselves. Councilmember Brun: Yes, I am talking about all though. That is something that we should at because it is like Sergeants and above. Mr. Gausephol: We can surely look at it. Mr. Sakaguchi: No, I agree. Mr. Gausephol: I think Big Island does primarily subsidize or almost all subsidized. Councilmember Brun: Yes. If we can look at that and figure out a way to do it if it will save more money like you said. Everybody grumbles about the Police and Fire budgets. If we can do something like that to help a little, any little bit helps and any bit of cut can help. Mr. Gausephol: Again, we are only spending eight percent (8%) on operations. So everything that we do is eight percent (8%) and we have a lot of responsibility. We have a communications center that dispatches to Fire, medics, and Police that we pay for in our budget. We have a lot of responsibilities that go beyond just that blue and white traveling on the roads. I think that again, we are trying everything that we can do to reduce costs. That is a great suggestion. Maybe we can explore that. COUNCIL MEETING 34 APRIL 26, 2017 Councilmember Brun: It is just something, because we know salaries. For us, we cannot do anything about that, so if we can save some place else. Mr. Gausephol: Absolutely. Councilmember Brun: We need officers out there. Thank you. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: I recall when we authorized or approved the subsidized program and we kind of went through all of the cost benefits. It might be useful, especially for new Councilmembers, to have one (1)or two (2)page explanation of the thought process that went through it so we can all review the arguments and the analyses to both refresh ourselves and help inform new Councilmembers. Mr. Gausephol: No problem. We will prepare something for Council. Councilmember Yukimura: If you could do something like that, it would be really helpful. Thank you. Mr. Gausephol: Thank you. Council Chair Rapozo: We were just talking about our staff earlier. I just asked the question and they brought the analysis that you folks provided back who knows when. Councilmember Yukimura: Well, maybe it is done. Council Chair Rapozo: So anyway, we will make sure it is circulated. Councilmember Yukimura: Yes. I think you have refined it as you have gone along. I, too, did not recall that it was Sergeant level and above that got subsidized vehicles. I can see the rationale for it, but I presume it is sort of an evolving policy. But I do remember when we had the initial discussion about whether we are going to offer that option. Mr. Gausephol: Yes, it is evolving. You do not want to make a drastic change like that and then find out you have made a mistake. You want to increment. Councilmember Yukimura: That is true. Mr. Gausephol: You want to do something incrementally so you make sure you are doing the best you can do, and that is part of our fiscal responsibility. Councilmember Yukimura: Yes. Thank you. COUNCIL MEETING 35 APRIL 26, 2017 Council Chair Rapozo: Are there any other questions? If not, thank you very much. Mr. Gausephol: Thank you. Council Chair Rapozo: Anyone in the audience wishing to testify? There being no objections, the rules were suspended to take public testimony. Mr. Bernabe: Matt Bernabe, for the record. Very good discussion. I like how that went. I would just like to take this opportunity to repeat something that I have said in the past. I have been in two (2) branches of the service. I paid for my boot camps from the haircuts to the uniforms. We need to recover some of our recruitment money that we pay to train our recruits. They get a free ride. Yes, it is a stressful job and I have had the arguments about"Oh, we have to solicit people and this and that." There are other ways to solicit people. We are not as high stress as a metropolis as around the nation, and there are things about living on Kaua`i that we can market and advertise to get recruits and local recruits, by the way. They go right into a nice paying job with no debt. So they can afford to put back some money into their training that they benefit. Put a clause in there. They have to work for us five (5) years or return something back. Something to recover some funds because even though I sound like a bad person right now, I literally paid for my first haircut and my Battle Dress Uniforms (BDUs). Everything that I did in the military, I got billed. I think the first couple of paychecks I got, I had peanuts because they took everything. I remember being a nineteen (19) year old Kaua`i boy wondering, "Why do I have to pay for my uniform?" Come on. But now that I am older, I understand. Make them pay for some of their training, maybe not one hundred percent (100%), but at least eighty percent (80%) or sixty percent (60%). They get good paychecks at the end of the day. Many of our recruits in the past have come here, got free schooling, and then left or turned around because there is no language that says that they are obligated to work for us for an extended period of time or reimburse us for the money we invested in you, and then they leave and get other jobs in better paying districts or whatever. That is where they are basing their, "Oh, we cannot solicit them." You cannot keep them here because you do not have any language that says, "Hey, either give us our money back or work for us at least five (5) to ten (10) years." They should return it anyway. Council Chair Rapozo: Is there any other public testimony? There being on further testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there any further discussion? Councilmember Kagawa. Councilmember Kagawa: Thank you, Council Chair Rapozo. It is amazing how two (2) people sitting on the same table can disagree so much about the budgets over the past ten (10) years. One can see it as "Oh, we are really going a good job in not spending more than they need." The fact of the matter is if you look at the COUNCIL MEETING 36 APRIL 26, 2017 budgets of the Police and Fire over the past ten (10) years and you were a taxpayer who is struggling, you would be concerned. The Police budget over the past ten (10) years has gone from seventeen million dollars ($17,000,000) to thirty-three million dollars ($33,000,000) last year. It is a one hundred ninety-four percent (194%) increase. The Fire budget went from thirteen million dollars ($13,000,000) to thirty-one million dollars ($31,000,000) over the past ten (10) years, with the Carvalho Administration. It is a two hundred thirty-eight percent (238%) increase. So again, I do not see everything has hunky-dory and wise spending or whatever. I tend to be a little more skeptical and make sure that if we are doing everything we can, then I will have looked through every nook and cranny to make sure we are. There will be no easy "yes" vote for me on this budget coming up this year. Again, when you look at the numbers when the budget for Police almost doubled and for Fire, it more than doubled, you need to be concerned because we cannot go down the same road when property taxes each year only go up by six million dollars ($6,000,000). It is not sustainable. If you do not control Police and Fire, we will never be able to pave any road unless we significantly tax the public. So those are the concerns. Those are the reasons why I raised those questions. It is not personal. Sometimes it gets to where other Councilmembers are backing up the Department. It is not personal. I am doing my job. If you do not want to do your job, that is fine with you. You worry about yourself. Do not ask questions for me. If I have questions, I ask for myself. Just worry about yourself. Thank you. Council Chair Rapozo: Is there any other discussion? If not, thank you very much. The motion is to approve. The motion to approve C 2017-106 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. There has been a request that we have Resolution No. 2017-33. We have some members in the public that have been waiting patiently, Penni and Char. If there is no objection, I would like to take that item at the request of Councilmember Yukimura. There being on objections, Resolution No. 2017-33 was taken out of order. RESOLUTIONS: Resolution No. 2017-33 — RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2017 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED: Councilmember Kaneshiro moved for adoption of Resolution No. 2017-33, seconded by Councilmember Yukimura. Council Chair Rapozo: Thank you. Councilmember Chock. COUNCIL MEETING 37 APRIL 26, 2017 Councilmember Chock: Council Chair Rapozo, I need to recuse myself from the Namahoe Leadership Voyaging Program line item. I will be stepping out for that item. Council Chair Rapozo: Namahoe Leadership Voyaging Program. Okay, that would be under Public Services, Paragraph A. (Councilmember Kagawa was noted as not present.) Councilmember Chock: Yes. Council Chair Rapozo: We will take this ad seriatim so Councilmember Chock can vote on all except Public Services item "A." But at this time, if there are no objections, I would like to suspend the rules to get the public testimony so if you have to leave, you can leave. But we want to get you folks out of the way first. Are you testifying on the Namahoe Leadership Voyaging Program? There being no objections, the rules were suspended to take public testimony. (Councilmember Chock was noted as recused.) PENNI TAKETA: No. Ae Kamali`i Preschool. Council Chair Rapozo: Okay. SCOTT K. SATO, Deputy County Clerk: The first speaker is Penni Taketa representing Ae Kamali`i Preschool, followed by Char Ravelo. Ms. Taketa: Oh, this is a different circle than I am used to. My name is Penni Taketa. I am the teacher and co-director at Ae Kamali`i Preschool. We are a small nonprofit preschool. We are tuition based. That means that our budget is based on the tuition that parents pay to us. We are a mission of Lihu`e Christian Church, but we receive no money from the Church. We only receive the use of the facilities. Our building is very old. It was built in the 1930s. In 2011 or 2012, we were a successful Community Development Block Grant (CDBG) grantee for the refurbishment of our roof. So we hopefully came back to do it this year to get our wiring done, which has not been touched since the building was built. My greatest fear is that I will come or I will get a call saying my school is on fire because of its electrical. I have been with the school for thirty (30) years and my daughter went to that school, and it is the same plumbing that was there when my daughter was there. So it has been a long time. We applied for this grant to refurbish the school and the building so we can extend it and continue to provide our service to the children and the families of Kauai. (Councilmember Kagawa was noted as present.) Council Chair Rapozo: Thank you very much. Councilmember Yukimura: Thank you, Penni. COUNCIL MEETING 38 APRIL 26, 2017 Mr. Sato: The next speaker is Char Ravelo representing Leadership Kauai. CHAR RAVELO: Good morning. I am Char Ravelo. Council Chair Rapozo: Good morning. Ms. Ravelo: I am the Executive Director of Leadership Kaua`i. I just want to thank you for looking at this opportunity that has been presented to us. We had applied for it. The Namahoe Leadership Voyaging Program is a new program. It is one that we have been looking at for a while now on how can Leadership Kaua`i support our beautiful Namahoe. The crew has been working so hard for almost twenty (20) years, depending on who you talk to, on building this beautiful wa`a. She is now in the water. To sustain her, they need kokua. They need help. They are canoe builders and we are leadership developers. So it feels a very synergistic and win-win program, and we do need help, funding support. As you know, it takes a lot of money to run a canoe. Our opportunity here is to help the crew members become the leaders they are within them to lead from within to help the public understand the necessity of Namahoe because she is destined to be Kaua`i's floating classroom. So our goal is to have adults and youth leaders in the community specifically for Polynesian voyaging. Council Chair Rapozo: Does anyone have any questions for Char? What I want to do is I want to have all of the discussion and questions for Namahoe Leadership Voyaging Program now so we can bring Councilmember Chock back in to finish up. We can bring Penni back up if we have questions of Penni as well. But I want to clear out Namahoe Leadership Voyaging Program so Councilmember Chock can come back. Are there any questions? Councilmember Yukimura. Councilmember Yukimura: Not a question, but just an appreciation for your really eloquent description of what the Namahoe Leadership Voyaging Program is about and the importance of this special wa a for our island. Thank you. Ms. Ravelo: Thank you. Council Chair Rapozo: Are there any other questions? If not, thank you very much. Ms. Ravelo: Thank you. Council Chair Rapozo: Anyone else wishing to testify on Namahoe Leadership Voyaging Program? We will just do Namahoe Leadership Voyaging Program right now. Mr. Bernabe: Is this the preschool? Council Chair Rapozo: Namahoe Leadership Voyaging Program. Mr. Bernabe: Oh. COUNCIL MEETING 39 APRIL 26, 2017 Council Chair Rapozo: Thirty-five thousand dollars ($35,000). Mr. Bernabe: No, I am okay. Council Chair Rapozo: Okay. Members, do we have anything else? There being no further testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there any discussion on the NAmahoe Leadership Voyaging Program? If not, can we get Councilmember Chock back in? Does anyone have any questions for Penni because she is here as far as the school project? It is pretty well explained in the documents that we have. Councilmember Yukimura: Just thank you. Council Chair Rapozo: If not, does anyone have any questions for the Administration of for the Housing Agency. Councilmember Kaneshiro. Councilmember Kaneshiro: I just have general questions on CDBG funding, its future, and how we get it. Council Chair Rapozo: Okay. With that, I will suspend the rules. There being no objections, the rules were suspended. Councilmember Kaneshiro: You did not think you would get through this without any questions, right? Can you just give us, and again, it is for me. I know it comes up every year, but just a refresher on what is CDBG, how we get it, and what is its future. What impacts will it have on us if we do not get it? Just a broad stroke to give us a better understanding of the CDBG funds. (Councilmember Chock was noted as present.) KANANI FU, Housing Director: Sure. Kanani Fu, Housing Director. The CDBG program is funded through the United State Housing and Urban Development (HUD). Every year, there is a specific allocation given to the County for projects. Here, I have our CDBG Coordinator who can kind of explain how the funding works, the types of projects we prioritize, as well as some of the impacts or future we are preparing for given the current Federal Administration. KERRILYNN BARROS, CDBG Coordinator: Aloha and good morning. Kern Barros, CDBG Coordinator. The CDBG program is funded by the United States Department of Housing and Urban Development. It is a nationwide program. So the State of Hawaii, out of the one hundred percent (100%) of funds coming to the State, seventy percent (70%) goes to the City and County of Honolulu, and the remaining thirty percent (30%) gets allocated among the other Counties based on population. So you know that Kauai will receive the least amount of CDBG funds. Our priorities are based on a five (5) year consolidated plan, and every year, we come before the COUNCIL MEETING 40 APRIL 26, 2017 County Council with recommendations for projects requested by the community for one (1) year and it is included in an annual Action Plan to HUD for approval. There has been a lot of talk about CDBG recently and the elimination of CDBG. All I can say is that every year, the Council has supported projects that have come before them. They represent a wide range of our diverse community. This year's annual Action Plan, I think, is a very good snapshot of how CDBG funds, with the little funds that we anticipate on receiving, how they benefit the community. For instance, Ae Kamali`i Preschool for our children, Leadership Kauai for our youth and adults, Kauai Economic Opportunity (KEO) for our home-bound seniors, Young Women's Christian Association (YWCA) for victims of domestic violence, and Hawaii Community Assets for those who are seeking homeownership who provides services to people suffering from substance abuse. It is an awesome program and I am privileged to work in this program. Councilmember Kaneshiro: Thank you. Is it true that there is some money that does not get spent in the State and Counties that are using the moneys, spending it based on their projects are able to kind of get some of this extra money that maybe other Counties are not spending? Ms. Barros: I do not recall CDBG funds. Ms. Fu: Thank you for that question. So the allocation of CDBG funds goes, and our Federal funds in general going to Hawai`i Housing & Finance Development Corporation (HHFDC) first and then it filters through. So, it goes to the State and then it filters to the County agencies. There are opportunities with different funds sources such as the HOME Investment Partnerships Program (HOME) fund, CDBG, as well as the Housing Trust Funds, when Counties cannot expend it in a timely manner, the State, HHFDC, will offer the opportunities to other Counties who are ready to go. In the past, we have seized those opportunities whether it be, again, CDBG, HOME, or Housing Trust Fund moneys. It varies depending on the situation of the State and other Counties. CDBG does require timely expenditures of the moneys. That is why we tend to come to you folks way in advance for approval and then get the contracts prepared. All of the legwork that we are doing now is to execute in October. So we need always to stay ahead of the game to do this. Councilmember Kaneshiro: Thank you. Council Chair Rapozo: Councilmember Yukimura and then Councilmember Kagawa. Councilmember Yukimura: I know I have heard of the HOME money being reallocated at the State-level, but it appears that CDBG is actually reallocated at the County-level. This Resolution says that there is six hundred ninety-six thousand dollars ($696,000) plus for 2017 and then additionally, the Housing Agency has made available two hundred forty thousand dollars ($240,000) of unexpended funds from previous years projects. So you actually reallocate them at the County-level, right, not the State-level? COUNCIL MEETING 41 APRIL 26, 2017 Ms. Fu: Yes, with the approval of the State. We can reallocate funds at County-level, but we need to go through the County-level of Action Plan approval and then go through the State to get their approval. In addition, the CDBG funds leverages program income that is received through other programs that we funded. So we see a lot of that coming back now. For example, simple interest being earned and those kind of things. So our budget allocation stays the same, but depending on the projects that we have in the pipeline and projects that we have funded previously, we are starting to see some of that return back to the program, which is why you will see here a greater amount of funds and we are able to serve more projects. Councilmember Yukimura: Yes. Ms. Barros: Just to clarify. CDBG receives grant funds directly from HUD. We do not receive it as a pass-through through the State and HHFDC. Councilmember Yukimura: Thank you. There was some talk at the national-level that President Trump's budget is proposing cuts for CDBG. Is that true? Ms. Barros: The last I heard the word was "elimination of CDBG programs." Councilmember Yukimura: We know that is not something and I guess the President is learning, too, that it is not something that he can do unilaterally. So we are trusting that Congress will protect these moneys because they know how much it helps their State and County communities, but I think it is good to know that it is being proposed and we need to really protect these funds if we can because as you said Kerri, they really are serving very important community needs. Council Chair Rapozo: Are there any other questions? Councilmember Kagawa. Councilmember Kagawa: Thank you. Is there a list of requests from services or facilities that did not make the cut? Ms. Fu: We do. We could provide those who have applied for this program year. That could be provided for you. Councilmember Kagawa: I would just like to see, and I trust your judgment, of course. But was there any requests made to deal with some of the homeless problems that are rapidly occurring? Like in Honolulu, there was that lady sitting by the bus stop. A homeless person, eighty (80) year old, punched her in the face and then Councilmembers heard about two (2) incidents at Lihu`e Baseball Park where youth players were threatened or abused by the homeless right at our Lihu`e park here in recent months. So were there any requests because I think when the County points to the State, the State points to the Federal government, but then as COUNCIL MEETING 42 APRIL 26, 2017 these problems get worse, I am just wondering if we are putting any efforts trying to deal with how we try keep it as peaceful as possible? Were there any requests for homeless on this CDBG? Ms. Barros: There were not any requests this year, but if you recall last program year 2016, we awarded Kaua`i Economic Opportunity for their homeless and transitional housing for operations. A lot of times funds that they cannot get through other funding sources. Councilmember Kagawa: Okay. Ms. Barros: There is a request coming in to extend those services for another six (6) month period, and we are looking at possible additional funding. I also wanted to talk about the applications. For any given year, there are about fourteen (14) to twenty (20) applications that come in for CDBG funding. Over two million (2,000,000) every year, but we have to work with what we get to see that we can get the most amount of programs and services covered with the amount of money that we have. Councilmember Kagawa: Thank you. Councilmember Kagawa: Yes. Again, I would just like to see. I do not know if other Councilmembers want it. I want to see the list that did not make it so if they asked me, at least I know what had happened because sometimes they will come to us after the fact, and we say, "Oh, you were not on the list," but actually you were but you did not make the cut. We can just give them that bit of transparency. Thank you. Thank you, Council Chair Rapozo. Council Chair Rapozo: Councilmember Chock and then Councilmember Brun. Councilmember Chock: Thank you, Council Chair Rapozo. Thank you for the Administration on these funds. It is really important in supporting, and I hope we do retain CDBG funds. We need to fight for them. Use them or lose them. So thank you for getting it through. The question that I have is really a follow-up to Councilmember Kagawa, and it is based on the criteria. A lot of discussion, I think, this budget has been in Grant-In-Aid funds. Is there a criteria that you might be able to share with us? I think I might have read something before, but I do not know that I have recently. I know you have the three (3) sections of funding opportunities. Ms. Barros: Is it criteria for eligibility or scoring? Councilmember Chock: Criteria in terms of selection. I would be interested in both just to take a look at it. Ms. Barros: Okay. Eligibility, CDBG funds must benefit low and moderate income populations or low and moderate income areas on the island. There are four (4) categories that CDBG can fund, and that is Public Services, Economic Development, Housing, and Public Facilities. Our scoring criteria, we have COUNCIL MEETING 43 APRIL 26, 2017 a Selection Committee. It is based on the concept of the project. We have to also look at whether the project will be able to start and complete within a one (1) year period, staffing and qualifications, whether or not they have had grant experience in the past, and that is linked to the timely expenditure and of course, the application itself. Councilmember Chock: Thank you. Council Chair Rapozo: Councilmember Brun. Councilmember Brun: I have a follow-up with the homeless. Is there any other group out there that is trying to work with the homeless besides KEO that you know of that applied for funds? Ms. Barros: There are many groups that come in that we may not think is directly related to homeless, but organizations that CDBG has funded in past like Women in Need, they also serve families that are at-risk of being homelessness or are homeless; Kaua`i Economic Opportunity, Catholic Charities, the Veterans' Administration, and even our own Section 8. There are just so many organizations that directly or indirectly assist with homelessness. Councilmember Brun: I would like that list of the people also, because I know some of the faith groups on the west side are trying to work with the homeless, trying to help them, and trying to do whatever they can. I just want to see if they did apply and what was the criteria if they did not get it or whatever. The van for KEO, we are purchasing the van, but that will stay with them? That will not be a County owned vehicle, right? Okay, thank you. Ms. Barros: No. Councilmember Brun: I see the way some of those vans are being driven and I do not think we would like the liability for that. Thank you. Council Chair Rapozo: Are there any other questions? Thank you very much. Is there anyone wishing to testify? There being no objections, the rules were suspended to take public testimony. There being no further testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Thank you very much. Is there any further discussion?Let us do the discussion and we can wrap this up before the caption break. Let us do the discussion on everything except the Namahoe Leadership Voyaging Program, and then we will excuse Councilmember Chock. Go ahead. Councilmember Kagawa: Regarding some of President Trump's stances and initiatives, I do not agree with a lot of what he says, what he does, or his actions, but even starting the Congressional Delegation to the State Delegation to a lot of the media. I do not think it is for me, personally, my opinion. I do not think it is wise to COUNCIL MEETING 44 APRIL 26, 2017 constantly criticize him on the public floor without trying to work with him first and let us get some real answers. I believe that it is not helping the cause to just publicly always criticize our President, who is going to be there whether we like it or not. I just think there is a better way to try and get our fair share because we are a democratic state of republican presidential help to this island. I think just bashing him all the time is going to get us nothing, and if that fits your personal agenda, that is fine with you, but I think we have a bigger obligation to the people of Kauai and the State of Hawai`i to make sure that our federal tax dollars that are coming out of our hard-earned people's paychecks comes back here and are not held back to the mainland because the President is viewing Hawaii as a bunch of sore losers who constantly want to criticize him for every decision. I do not know. Maybe we have to look for some positive things that he does. I know it might be difficult, but certainly I do not think just bashing the President at all time at all levels is the proper way to go because it is not a good strategy. If I was the President, that would not help the cause. I am not, but I am just saying that I think we have to maybe reanalyze as a State, our methods of trying to deal with the President because I think it is an important issue and I think, yes, holding sides at times is important. I think we have to figure out a better strategy going forward in working with this President because I do not want to see our hard-earned tax dollars go all to the mainland. We deserve our share. We are suffering even more than the people on the mainland because we have to ship everything over to Kaua`i and Hawaii. Thank you, Council Chair Rapozo. Council Chair Rapozo: Councilmember Brun. Councilmember Brun: As far as everything on here, I think I would support each and every one. I think they are great ideas and I will work with Kanani and the Housing Agency on seeing if we can do more to try to help with the homeless situation. We just had another incident in Waimea yesterday. I do not want to say on-air what happened, but it is getting out of hand. We can always push it off to the State or push it off to the government, but nothing is going to happen. We need to do something for ourselves about it. I will work with the Administration and the Housing Agency to see what we can do to help some of this. We are not going to solve it, but help it. I think they are all good projects that are on this. Thank you. Council Chair Rapozo: Councilmember Yukimura. Councilmember Yukimura: I agree that the housing and homeless issue is really the most important issue that we have to address, and wherever I can help, I am available. I want to thank Kern, Kanani, and our Housing Agency for administering this very, very important program that brings moneys into the community for great needs that service our keiki, our youth, our women, our elderly, and everyone else who has great needs. This is a very important program. It is about community based efforts, self-help efforts, and the groups that are benefiting from this are doing so many good things for our community. Thank you for keeping this program going in a very professional way. Thank you to those of you; Penni, Char, and others, who are doing the work on the frontlines. I really appreciate that. Thank you. COUNCIL MEETING 45 APRIL 26, 2017 Council Chair Rapozo: Anyone else? If not, thank you as well. We will take the first vote first on the first item. (Councilmember Chock was noted as recused.) Council Chair Rapozo: I just want to say that CDBG is threatened every year. It is not just this year. It is not just under Trump. It has been under Obama and it has been under everybody. Everybody has been going after CDBG for a long time. Every year, the National Association of Counties spends a lot of money lobbying for the preservation of this CDBG. I have to say Kaua`i, because of our performance and the way we handle it, Kern i and the Housing Agency, we have been very successful in getting the money as compared to some of the jurisdictions throughout the Country. It is something that we have to continue to fight constantly every year. It is not just this President's Administration. This is one of the targets. Like we heard this morning, Councilmembers talking about cutting, cutting, cutting, here and there, it is the same up there. CDBG is always a big target for them. So we just have to continue to fight and urging our Congress to keep that in place. With that, Councilmember Chock has left, so I was going to take the other items first. Well, let us just do the first item first. Mr. Sato: This is roll call vote on the Namahoe Leadership Voyaging Program line item only. The motion for adoption of Resolution No. 2017-33 Public Services — Namahoe Leadership Voyaging Program (Leadership Kaua'i) line item only was then put, and carried by the following vote: FOR ADOPTION: Brun, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL — 6, AGAINST ADOPTION: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: Chock TOTAL— 1. Mr. Sato: Six (6) ayes. Council Chair Rapozo: Can we have Councilmember Chock back in? (Councilmember Chock was noted as present.) Council Chair Rapozo: The motion is to approve all except item A under Public Services. Mr. Sato: This is the second roll call vote on Resolution No. 2017-33, excluding the Namahoe Leadership Voyaging Program line item. COUNCIL MEETING 46 APRIL 26, 2017 The motion for adoption of Resolution No. 2017-33 excluding Public Services — Namahoe Leadership Voyaging Program (Leadership Kaua'i) line item was then put, and carried by the following vote: FOR ADOPTION: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL — 7, AGAINST ADOPTION: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. Mr. Sato: Seven (7) ayes. Council Chair Rapozo: With that, we will take our ten (10) minute caption break. There being no objections, the meeting recessed at 10:33 a.m. The meeting reconvened at 10:47 a.m., and proceeded as follows: Council Chair Rapozo: Next item, please. C 2017-107 Communication (04/13/2017) from the Housing Director, transmitting for Council consideration, a proposed amendment to Ordinance No. B-2016-812, as amended, relating to the Operating Budget of the County of Kauai, for the Fiscal Year 2016-2017, by revising the amounts estimated in the Housing Revolving Fund. (Housing Agency, 3920 Haoa Street, #113 Purchase): Councilmember Chock moved to receive C 2017-107 for the record, seconded by Councilmember Kaneshiro. Council Chair Rapozo: Is there any discussion? Is there any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to receive C 2017-107 for the record, was then put and unanimously carried. (Councilmember Yukimura was noted as not present.) Council Chair Rapozo: Motion carried. Next item, please. The next two (2) items, C 2017-108 and C 2017-109, will be handled after the Executive Sessions. Is there anyone in the audience wishing to testify? I will take the public testimony now. C 2017-108 is requesting the authorization for the County Attorney to expend additional funds up to forty-eight thousand dollars ($48,000) for Special Counsel's continued services provided in State of Hawai`i vs. Irvin Magavanes. The second one is authorization to expend additional funds up to twenty-five thousand COUNCIL MEETING 47 APRIL 26, 2017 dollars ($25,000) for Special Counsel's continued services provided in Eric Y. Shibuya vs. County of Kauai. There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Moving on. Next item. CLAIMS: C 2017-110 Communication (04/11/2017) from the County Clerk, transmitting a claim filed against the County of Kaua`i by CSAA Insurance Exchange as subrogee for Juliana Lundberg, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. (Councilmember Yukimura was noted as present.) C 2017-111 Communication (04/19/2017) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Elaine Walto, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. Council Chair Rapozo: Can I get a motion? Councilmember Kaneshiro moved to refer C 2017-110 and C 2017-111 to the Office of the County Attorney for disposition and/or report back to the Council, seconded by Councilmember Kagawa. Council Chair Rapozo: Is there any discussion? Is there any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion to refer C 2017-110 and C 2017-111 to the Office of the County Attorney for disposition and/or report back to the Council was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. COMMITTEE REPORTS: PLANNING COMMITTEE: A report (No. CR-PL 2017-06) submitted by the Planning Committee, recommending that the following be Received for the Record: COUNCIL MEETING 48 APRIL 26, 2017 "C 2017-91 Communication (03/13/2017) from Councilmember Chock, requesting the presence of the Planning Director, to provide a comprehensive presentation on the duties and responsibilities of the Zoning Board of Appeals, and other related matters," Councilmember Chock moved for approval of the report, seconded by Councilmember Kaneshiro. Council Chair Rapozo: Is there any discussion? Is there any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: The motion for approval of the report was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item. ECONOMIC DEVELOPMENT & INTERGOVERNMENTAL RELATIONS COMMITTEE: A report (No. CR-EDIR 2017-03) submitted by the Economic Development & Intergovernmental Relations Committee, recommending that the following be Received for the Record: "EDIR 2017-03 Communication (04/04/2017) from Committee Chair Kawakami, requesting the presence of the Director of Economic Development and`Aina Ho`okupu o Kilauea, to provide an update on the Kilauea Community Agricultural Center," Councilmember Chock moved for approval of the report, seconded by Councilmember Kaneshiro. Council Chair Rapozo: Is there any discussion? Is there any public testimony? There being no objections, the rules were suspended to take public testimony. Mr. Bernabe: Matt Bernabe, for the record. Just so that I am on the right page, this is just a continuation of the agricultural park, right? Am I on the right agenda item? Council Chair Rapozo: This is the Committee Report from last week's meeting. Mr. Bernabe: Yes. I would just like to testify that I actually am really impressed with what they are doing. My angle, even though it was COUNCIL MEETING 49 APRIL 26, 2017 emotional in the sense of hard-lining, is basically because they do not want to buy into a bigger plan of export when I talked to them on an individual basis. As a County, as somebody who pays tax dollars and we heard throughout their testimony on how they worded it that it is about them, but we want to perpetuate it over, but there is no real component that says, "We are going to tax the people that make the income." They do not have that component. So I wanted a real comprehensive plan that says, "We pulled this much money in, so we expand it here and here,"and eventually we can offset some of the shipping costs that we still will incur if we feed ourselves because we bring clothes in. We bring tires. We bring all of this other things up, and I just wanted a bigger plan. I know they will probably be back for more moneys, so this will probably take place again. But next time they do come to ask for money, I would like to see a little bit stronger on where is your commitment to make this an actual economic development that turns into an industry versus a subsidized garden, because that is what I view it as, as a subsidized garden. Earlier, we had some nonprofits come up. All of those nonprofits, I did not speak against because I support that. The one that this farm does is they incur all the costs for these plots for individuals to have failed business plans so they can be glorified farmers. If that is harsh, I am sorry. That is the world we live in. At the end of the day, I talk to real farmers that make profit and go to the meetings. I am not new to this subject. I have gone to their meetings. I have approached them. I have talked to them. I have been in meetings with them with where their own farmers say I am right, that export is the real way to make money. But they have a vision. That is why they tell me, "Oh, you do not understand us." They want to be isolated. You heard it seep out in their own testimony time and time again. I am a critical thinker. I want a real agricultural industry on this island. I want ten (10) barges going out. I do not just want farmer's markets, and I want to be clear. I am not anti-farm. I am pro "let us go big." If it is seed, or if it is papaya, or if it lettuce. I do not care what it is. I do not care if it is soil to O`ahu. Let us turn that into a compost farm and make money. That is what I want. Council Chair Rapozo: Thank you. Anyone else? There being no further testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there any further discussion? The motion for approval of the report was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. Resolution No. 2017-32 — RESOLUTION APPROVING THE FISCAL YEAR 2018 PROPOSED OPERATING BUDGET FOR THE HAWAII STATE ASSOCIATION OF COUNTIES: Councilmember Kaneshiro moved for adoption of Resolution No. 2017-32, seconded by Councilmember Kagawa. Council Chair Rapozo: Is there any discussion? Councilmember Yukimura. COUNCIL MEETING 50 APRIL 26, 2017 Councilmember Yukimura: Yes. Council Chair Rapozo, I asked some questions, and thank you for giving us the opportunity by scheduling this item accordingly. I think you all have the answers to my questions. If we apply the same kind of rigor of scrutiny to this budget as we do to our budget, and it does include moneys from our budget, we would not approve it. You will see that, for example, the line item National Conference Fund. Actually, can we put it up on the overhead? The National Conference Fund has forty-four thousand dollars ($44,000) in the budget with expenditures to-date of zero dollars ($0). Council Chair Rapozo: Can I get a copy? I do not have it. Is it in the package? Councilmember Yukimura: There it is. Council Chair Rapozo: Oh, sorry. Councilmember Yukimura: The County Leadership Institute Attendee was... Council Chair Rapozo: Let us do one-by-one, Councilmember Yukimura. Councilmember Yukimura: Okay, alright. Council Chair Rapozo: Which was the first question you had? Councilmember Yukimura: It is under "Other" if you look at the revenues collected and expenses paid. Council Chair Rapozo: Okay. Councilmember Yukimura: National Conference Fund of forty-four thousand dollars ($44,000) in the budget, but expenditures to-date is zero dollars ($0). Council Chair Rapozo: Okay. Did you want me to explain that? Councilmember Yukimura: If you would like to. Council Chair Rapozo: Yes. We go through this every year. Every year, we go through the same questions and I have to do the same answers. I told you last year and the year before, this is the fund that is set up when Hawai`i will host a National conference. That is the amount that sits there every year. We did the Western Interstate Region (WIR) two (2) years ago. This sits there in the event Hawaii will host a conference. That is what that is there for, again. Councilmember Yukimura: Well, is there a plan to propose hosting a conference? COUNCIL MEETING 51 APRIL 26, 2017 Council Chair Rapozo: There is always a plan. It is a competitive process. You bid for it. If you get it, you get it. Councilmember Yukimura: But are we going to bid for it this year? Council Chair Rapozo: We did not bid this year, no. Councilmember Yukimura: Are we going to bid next year? Council Chair Rapozo: I am not sure. It depends on who sits on the Board and what the Board decides. That is the decision the Hawai`i State Association of Counties (HSAC) Board makes. Councilmember Yukimura: Well, if we are not planning to do it next year, then we should not put it in the budget for next year. Council Chair Rapozo: Okay. You can vote against it. I am not going to sit here and argue. I am just saying that sits there every year, every year we have the same discussion, and the answer will not change. It is moneys if we decide to host a National conference. Councilmember Yukimura: Well, it seems to me, if we are going to decide to host a national conference, then there should be a special proposal and the various Councils can allocate that. But to have forty-four thousand dollars ($44,000) just sit there makes no sense year after year. We would not allow that in our existing County budget. Then, this County Leadership Institute Attendee, I think it was something initiated by Councilmember Stanley Chang, but I do not think that program has been used. I also think that leadership training can be funded by each respective County. Council Chair Rapozo: Okay. That again, as I answered last year, is a National Association of Counties (NACo) program that offers a curriculum for County legislators if they want to participate. Now, that money is there in the event anybody wants to put in and go to the training. They have these sessions at the conferences and they have these sessions outside of the conferences. It is a program to basically give County legislators an opportunity to become better citizens and better legislators. That fund is there in the event someone puts in. No one has used it yet. I think Stanley may have done it on his own. I guess I would disagree that it has to come out of the County budget. That is why we have a professional organization called HSAC, NACo, and WIR. We use those funds to help out the membership. We can do it ad seriatim. If you want to take one (1) out, we can take the vote. But none of these are new. I will say upfront the only addition to the budget from last year is HSAC Promotion and Outreach, and that is simply because HSAC hired a communications firm this year to assist with the legislative session in getting the media coverage and the communication of what was going on in the Legislature out to the communities. Otherwise, the budget is flat. Councilmember Yukimura: Well, that line item was used to purchase this kind of folder for every single Councilmember in the State. I do not exactly how much it costs, but it makes no sense to me. I mean, I would rather spend money on COUNCIL MEETING 52 APRIL 26, 2017 homeless, or public transportation, or something like that. We do not have to promote it to ourselves. Council Chair Rapozo: Are you suggesting that HSAC take on homeless and transportation? Councilmember Yukimura: No. I am suggesting that we reduce the amount of County dues and membership fees and instead spend that,money on things that we need in the County. Council Chair Rapozo: Okay. Everyone has the right to their opinion. Councilmember Yukimura: We have a budget for one hundred seventy-one thousand dollars ($171,000) and to-date, we have spent sixty-seven thousand dollars ($67,000). Council Chair Rapozo: Which line are you talking about? Councilmember Yukimura: The totals at the bottom. If you want to talk about a padded budget, this is it, and it is our money, our taxpayers' money. Council Chair Rapozo: Okay. I am trying to figure out what you are trying to say. So you are saying the year to-date... Councilmember Yukimura: We are three-quarters (3/4) of the year through. Council Chair Rapozo: And we have three (3) quarters of the year to go. We have a couple of conferences and board meetings that our members still have to fund. Councilmember Yukimura: And they are funded in certain line items already. Council Chair Rapozo: Yes. Go ahead. Councilmember Kaneshiro: In looking at the budget, it is a period of one (1) year, March 1st through March 31st, year to-date, and it is a fiscal year. I do not know if this is going to June, but if you look at it, it looks weird. Councilmember, if you just add up the revenues for the year, it adds up to sixty-seven thousand dollars ($67,000). If you look at the current expenses we spent during the year, it is sixty-seven thousand dollars ($67,000), but if you incorporate our Fund Balance, which maybe it has lapsed in a few years, we may have made more money doing a conference, or we may have not spent as much, then that is this accumulated money of one hundred seven thousand dollars ($107,000). So it is not that we are collecting in excess of one hundred seventy-one thousand dollars ($171,000) a year. It is just they are incorporating the prior year Fund Balance into this budget. But if you look COUNCIL MEETING 53 APRIL 26, 2017 at as far how much revenues we are budgeting now and what our expenses are, it is almost a wash. That is just to clarify it. Council Chair Rapozo: Are there any other questions? Go ahead. Councilmember Kagawa: Yes, so if we keep the forty-four thousand dollars ($44,000) as Councilmember Yukimura brought up in the National Conference Fund, which likely will not be spent, then does that forty-four thousand dollars ($44,000)just kept adding to the Fund Balance? Is that what is happening? Council Chair Rapozo: No. There is no change to the Fund Balance. The Fund Balance is not revenue. It is just a line item in the budget that is allocated or appropriated for that function or that use. I mean, just look at our own budget how much money we put aside and do not spend that year rolls over. It does not increase the budget for next year. In the event that we do have that opportunity, we have the funds available. In other words, at the annual conference, which is going to be in Columbus, Ohio, which I would assume some of you are going to go, there is going to be an opportunity for HSAC to bid for an annual conference. It is hard to bid on an annual conference if you do not know if you will have the funds. So I do not understand this argument. It is it is what it is. You cannot go up there and bid on a project that you may not have the funds. The funds are there so that whoever it is at the time, can actually bid on a conference and bring it to Kaua`i or Honolulu. It is not only for Kauai. It is for Honolulu or Maui, knowing that the funds will be there at least to get that started. I mean, if you want to take that out, we can take it out. It is just going to add forty-four thousand dollars ($44,000) to the Fund Balance. It makes absolutely no sense, but that is fine. If it is a problem for some of you, we will just take it out, the budget will get approved, and it will just be in the Fund Balance. It will take HSAC action to move it from Fund Balance over to a line, that is all. Councilmember Kagawa: I am fine with having the flexibility to bid. Council Chair Rapozo: Councilmember Kaneshiro. Councilmember Kaneshiro: In looking at the fiscal year to-date, which I was wrong saying it is from March 1st. It is probably June. Again, if you look at the revenues to-date, it is sixty-five thousand dollars ($65,000) and you look at the expenses to-date, it is sixty-seven thousand dollars ($67,000). So if we did end up having to sponsor a National Conference Fund, then that money will likely come out of Fund Balance unless we are collecting revenues monthly. We have another three (3) more months of monthly collections, and then that might make up the difference. But if the forty-four thousand dollars ($44,000) is in there or not and we do not spend it, we do not even get a Fund Balance lapse based on looking at the year to-date. Council Chair Rapozo: Right. Councilmember Kaneshiro: There is really no difference. COUNCIL MEETING 54 APRIL 26, 2017 Council Chair Rapozo: Absolutely not. Are there any other questions? I guess as far as the pad-folio and the pen, that was President Victorino's way of saying thank you for the service. I cannot imagine it is costing that much money, and I see you using your, Councilmember Yukimura. Councilmember Yukimura: I am not using mine. Council Chair Rapozo: Oh, you just brought it for the show? Councilmember Yukimura: Yes. Council Chair Rapozo: It is not something that I would have opposed. If the President of HSAC has a Contingency Fund that he can use and he chose to do it, I absolutely do not opposed that. I see no problem giving your Councilmembers, who you represent or who makes up the membership, a pad-folio and pen. I really do not. You need to let me know if it is a problem. I will bring it back to HSAC, but I do not see that being a major problem of expenditures of funds. Keep in mind that these funds are generated. Yes, they come from membership fees or dues, but it also from conferences that we put on. I can tell you that I use mine for HSAC. I think it is a very useful tool for the membership and for Councilmembers. Anyway, that is just my little... Councilmember Chock: I have a question. Council Chair Rapozo: Go ahead. Councilmember Chock: Council Chair Rapozo, what is the annual membership costs? Has it remained the same, been static, or increased? Council Chair Rapozo: No, it has been the same. The dues have been the same. NACo has not raised their dues either. So until NACo raises their dues, will not see an increase in HSAC either. Councilmember Chock: Do you know what the figure is? Council Chair Rapozo: The National dues? I can tell you it should be here. It is twenty-seven thousand dollars ($27,000). We also have WIR due as well, the regional dues. Councilmember Chock: That is what our Council pays? Council Chair Rapozo: Yes, our Council pays our share. We actually have reduced...I think our dues are reduced from the other States because they have made the accommodation. The fact that we have to travel. We have got to fly. They can drive. So accessibility to these conferences are much easier for mainland counties because they do not have to fly. So there is a little reduction in the fees for Hawaii. Are there any other questions? COUNCIL MEETING 55 APRIL 26, 2017 Councilmember Yukimura: I just want to also say that there was discussion at the last Executive Committee about the Prescription Drug Scholarship Program or at least the Prescription Drug Program, and it appears that nothing is really happening on that level. I think we get funds in order to promote the program, but I do not know that anything is happening on that score. Council Chair Rapozo: I can have Aida...we get a quarterly report from NACo of what Kaua`i does. A lot of people use that program in Kauai. A lot of people use the program in Hawaii. There was a little transition. In fact, they are going through the transition right now with CVS Pharmacy. They are the agency that is pretty much the sponsor of this program, but it is moving, and they have added a dental program, which we had talked about last year, I guess it was. So NACo is trying to do as much as they can for our residents and taxpayers that can help them in the medical or dental and drug areas anyway. Councilmember Yukimura: I do not have any objections to the program. I think it does have some opportunities for our residents, but I do not see any real promotions of it, which I think we are supposed to do. If you do have information about how many people are actually enrolled in it on Kaua`i, that would be good information. Council Chair Rapozo: I will ask Aida to forward you the quarterly reports. Councilmember Chock. Councilmember Chock: I just want to again, kind of make sure I understand. According to our revenues, if all the Counties pay, and we pay an average of about ten thousand dollars ($10,000) annually from our County. Council Chair Rapozo: Scott just helped me. It is ten thousand nine hundred twenty dollars ($10,920) to HSAC. Councilmember Chock: In order to be membership and a have a voice on HSAC? Council Chair Rapozo: Yes. Councilmember Chock: Thank you. Council Chair Rapozo: Are there any other questions? For us on Kauai, it is ten thousand nine hundred dollars ($10,900). That is what we pay. Are there any other questions or comments? Anyone in the audience wishing to testify? There being no objections, the rules were suspended to take public testimony. Mr. Bernabe: Matt Bernabe. I just have one (1) kind of a question, but maybe more like a statement that when you folks bring up this discussion of funding a potential for a convention, some of us in the public do not know what the benefit of even having that is. I mean, I kind of do, but I also am a skeptic and could argue both sides that it could be a drain or it could be a positive. COUNCIL MEETING 56 APRIL 26, 2017 So if you folks want to help this discussion, now that you have opened the can, I am sure you will have some people ask. What are the benefits of soliciting this National convention? I mean, you talk about it as all of you know what it is. Some of us do, but a lot of us watching this show, your process, we do not know what that is. I mean, we do not know the benefits. Maybe it is just traffic, maybe we have to add police work. What do we get in return for holding and hosting this convention? If it does not outweigh the potential benefits, then maybe it is something that could be trimmed. I am not saying it either way. I just would like to know. Now that you have peaked my interests, what are the benefits? That is my question/statement. Thank you. Council Chair Rapozo: Thank you. Anyone else? There being on further testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: I guess, let me try to answer your question. The conferences are held in almost every industry, there are conferences whether it is doctors, dentists, or lawyers. HSAC, we belong to the National Association of Counties, which is NACo. You have heard that. NACo has an annual conference. They have a legislative conference every year. They host those. We also have regional conferences. We belong to the Western Interstate Region. We held the Western Regional Conference here in Po`ipn several years ago at Grant Hyatt Kauai Resort and Spa. Number one, it generates tourism dollars. That is just one (1) thing for the benefit. If you are asking what is in it for the community? Obviously, it is that. It is the economic boost and that is one (1) thing, I guess, for the community. The other thing is it provides others to come here and share their experiences. We always have to fly away. We have to fly away. So by having it here, number one, it saves us money from having to fly over there, bring them here to spend their money, and also generate revenue for the association or the organization because these people pay to come to the conference and they pay to participate. We pay the conference expenses and whatever is leftover goes into HSAC or WIR function. So that is what it is. It is like any other industry. It is a lot of work. Councilmember Dickie Chang volunteered us years ago and we ended up with it here. I know all of our staff here as well as the staff from the other Counties worked together to get this going, but I can tell you right now if I asked any one of our staff, "How many of you want me to go up and bid for the next WIR conference," not one (1) of them would raise their hand because it is a ton of work and that is why it is hardly used. I am not ever going to bid for that conference again knowing what our staff had go through, but that is me. I am not sure where we go from here. Like I said, it is not only Kaua`i. Honolulu hosted the NACo, the national conference, in Honolulu at the Convention Center. Thousands of people came to that one and that was a benefit for the Honolulu economy. It is also a benefit for us to be able to communicate and network with these people from all over the Country. So there are a lot of benefits. Just like I said, it will not be me asking to host one here again. I will not do it. For us with the small staff we have, Honolulu can absorb that. We just have a rough time. I hope I answered your question. Is there any other discussion? If not, the motion is to approve. Roll call on this one. COUNCIL MEETING 57 APRIL 26, 2017 The motion for adoption of Resolution No. 2017-32 was then put, and carried by the following vote: FOR ADOPTION: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Rapozo TOTAL— 6, AGAINST ADOPTION: Yukimura TOTAL— 1, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL — 0. Ms. Fountain-Tanigawa: Six (6) ayes, one (1) no. Council Chair Rapozo: Thank you. Next item, please. BILLS FOR FIRST READING: Proposed Draft Bill (No. 2648) —A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2016-812, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2016 THROUGH JUNE 30, 2017, BY REVISING THE AMOUNTS ESTIMATED IN THE SOLID WASTE FUND (SRF Loan Repayment - $17,595.00): Councilmember Kaneshiro moved for passage of Proposed Draft Bill (No. 2648) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 17, 2017, and referred to the Budget & Finance Committee, seconded by Councilmember Brun. Council Chair Rapozo: Is there any discussion? Is there any public testimony? There being no objections, the rules were suspended to take public testimony. There being no one present to provide testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Roll call. The motion for passage of Proposed Draft Bill (No. 2648) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 17, 2017, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL— 7, AGAINST PASSAGE: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. Ms. Fountain-Tanigawa: Seven (7) ayes. Council Chair Rapozo: Next item. COUNCIL MEETING 58 APRIL 26, 2017 Proposed Draft Bill (No. 2649) —A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2016-812, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2016 THROUGH JUNE 30, 2017, BY REVISING THE AMOUNTS ESTIMATED IN THE HOUSING DEVELOPMENT FUND (Housing Agency, 3920 Haoa Street, #113 Purchase): Councilmember Yukimura moved for passage of Proposed Draft Bill (No. 2649) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 17, 2017, and referred to the Budget & Finance Committee, seconded by Councilmember Chock. Council Chair Rapozo: Is there any discussion? Is there any public testimony? Go ahead. Councilmember Kagawa: When it hits Committee, I would just like to know what would be the selection process that we will be following for this individual that plans to be selected from the list. Is it like a lottery or whatever type of system that is going to be choosing the person, or is it the person was first on the list? I just want to know what kind of process we will be following because it seems like a great opportunity, and I want to make sure that we have a fair process in place. Thank you, Council Chair Rapozo. Council Chair Rapozo: Thank you. Is there any other discussion? Seeing none, roll call. The motion for passage of Proposed Draft Bill (No. 2649) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for May 17, 2017, and referred to the Budget & Finance Committee was then put, and carried by the following vote: FOR PASSAGE: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL — 7, AGAINST PASSAGE: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. Ms. Fountain-Tanigawa: Seven (7) ayes. Council Chair Rapozo: Thank you very much. Can we get read into Executive Session, please? EXECUTIVE SESSION: ES-901 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf of the Council, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing, discussion, and consultation regarding the Quarterly Report on Pending and Denied Claims. 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. COUNCIL MEETING 59 APRIL 26, 2017 ES-902 Pursuant to Hawaii Revised (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing in State of Hawaii vs. Irvin Magavanes, Criminal Number CR15-1-0267 (Fifth Circuit Court), and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. ES-903 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing in Eric Y. Shibuva vs. County of Kauai, et al., Civil No. 13-1-0345 (Fifth Circuit Court), and related matters. This briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. Councilmember Chock moved to convene in Executive Session for ES-901, ES-902, and ES-903, seconded by Councilmember Kaneshiro. Council Chair Rapozo: Go ahead. Councilmember Kagawa: Can I have Mauna Kea come up? Council Chair Rapozo: Yes. Before I bring him up, this is what we will do. We have two (2) items that require us to come back into open session. We will go into Executive Session, take care of those two (2) items, come back out, vote on the two (2) items, we can adjourn the Council Meeting, and then we will go back and take care of the Claims. Councilmember Chock has to leave at 12:00 p.m. for a short while, but I think we can get through this relatively quickly. With that, I will suspend the rules. There being no objections, the rules were suspended. Council Chair Rapozo: Councilmember Kagawa. Councilmember Kagawa: In a matter of transparency and the taxpayers, a lot of times they do not know what these lawsuits are about, and yet they are footing the bill when they are settled or whatever. So if you can just explain ES-902 and ES-903. They are both related to the Kauai Police Department (KPD), and just maybe explain what is being alleged and what the status is. (Councilmember Chock was noted as not present.) MAUNA KEA TRASK, County Attorney: For the record, Mauna Kea Trask, County Attorney. I would be happy to. As a matter of public record, these are cases filed with the Fifth Circuit Court, respectively. The first one is State of Hawaii vs. Irvin Magayanes. This is a criminal case regarding the unfortunate incident on or about January 2015, I believe, where the alleged victim was walking home at night time about 8:00, I believe, from Salt Pond Beach Park towards Waimea. COUNCIL MEETING 60 APRIL 26, 2017 It was in the Kaumakani area. He was hit by a member of the public. Yamagata was the name. He broke his leg and was in the middle of the road. Dispatch called for the Police to respond. Officer Magayanes was first on the scene and struck the individual. I believe he was around eighteen (18) or nineteen (19) at the time. Pursuant to Hawai`i Revised Statutes (HRS) 52(d)8 and 9, the Police Commission made a determination that Defendant Irvin Magayanes in this case, was acting within the official scope of his duties, which is their kuleana under State law. That takes some time. In the meantime while we are seeking the determination as required by law from the Police Commission and then bringing it to this body for provision of Special Counsel, he had returned in an attorney, so the request was for reimbursement for those costs. (Councilmember Chock was noted as present.) Mr. Trask: Because the legal determination was made, this Council has been funding that State mandatory case. So that is that one. The second... Councilmember Kagawa: If I can just ask you a question on that one. What is the lawsuit that you can disclose to the public? What is it? Is it the victim's family? Mr. Trask: It is a criminal case. Councilmember Kagawa: A criminal case. Mr. Trask: The Office of the Prosecuting Attorney is bringing it on behalf of the State of Hawaii for negligent homicide. Councilmember Kagawa: Okay. Council Chair Rapozo: They are in deliberations today. Mr. Trask: Yes, they close today. Council Chair Rapozo: They should hopefully be able to get a verdict today. Councilmember Kagawa: Okay. Mr. Trask: A couple of Deputies have been tracking it because there is a tenant civil case that we are involved in with the insurance company, but this is a criminal case. Councilmember Kagawa: Thank you, because when the public sees this on Channel 53, they have no clue, majority of them, because a lot of these court cases are not really highly publicized in The Garden Island. Mr. Trask: No, I appreciate that question... COUNCIL MEETING 61 APRIL 26, 2017 Councilmember Kagawa: Thank you. Mr. Trask: ...because the Office of the County Attorney is not litigating this case. This is a criminal case. Councilmember Kagawa: Okay. Mr. Trask: The County has to, because of. the determination, fund his defense. Councilmember Kagawa: Alright. If you can go to the next one. Mr. Trask: The next one, Eric Y. Shibuva vs. County of Kaua`i is a civil case that has been around for quite a bit. It was filed in 2013, but it arose out of a personnel dispute. There are a lot of allegations in that case. I believe the complaint is about one hundred (100) paragraphs, so I am going to argue about... Councilmember Kagawa: In a nutshell so the public at least has a clue what this lawsuit is about by Mr. Shibuya. Mr. Trask: It is a personnel case arising out of a dispute as far as...now ultimately, the facts show that Plaintiff Shibuya was not disciplined, but he went through a personnel process. At the time when it was filed, the Office of the County Attorney had a very short Litigation Department. So I had represented Chief Perry in his individual capacity, Deputy Chief Begley at the time, was represented by another County Attorney in his individual capacity, and the County was represented by Special Counsel. So we had moved early on to dismiss the individuals in their individual capacity and that was granted October 2014. Now, we are still funding Special Counsel's defense because of the conflicts at the time. Sarah Wang is still on it. Councilmember Kagawa: Thank you. Thank you, Council Chair Rapozo. Council Chair Rapozo: Are there any other questions for the County Attorney? If not, thank you very much. Mr. Trask: Thank you. There being no objections, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there further discussion before we go into Executive Session? If not, roll call. COUNCIL MEETING 62 APRIL 26, 2017 The motion to.convene in Executive Session for ES-901, ES-902, and ES-903 was then put, and carried by the following vote: FOR EXECUTIVE SESSION: Brun, Chock, Kagawa, Kaneshiro, Kawakami, Yukimura, Rapozo TOTAL — 7, AGAINST EXECUTIVE SESSION: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0, RECUSED & NOT VOTING: None TOTAL — 0. Ms. Fountain-Tanigawa: Seven (7) ayes. Council Chair Rapozo: With that, we will take a recess. We will try to shoot for twenty (20) minutes or so, and get out here before Councilmember Chock has to leave at 12:00 p.m. Thank you. There being no objections, the meeting recessed at 11:23 a.m. The meeting reconvened at 11:49 a.m., and proceeded as follows: Council Chair Rapozo: Next item, please. C 2017-108 Communication (04/13/2017) from the County Attorney, requesting Council authorization to expend additional funds up to $48,000.00 for Special Counsel's continued services provided in State of Hawai`i vs. Irvin Magavanes, Criminal Number CR15-1-0267 (Fifth Circuit Court), and related matters. Council Chair Rapozo: Can I get a motion? Councilmember Kagawa moved to approve C 2017-108, seconded by Councilmember Yukimura. Council Chair Rapozo: Is there any discussion? The motion to approve C 2017-108 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. Next item, please. C 2017-109 Communication (04/13/2017) from the County Attorney, requesting Council authorization to expend additional funds up to $25,000.00 for Special Counsel's continued services provided in Eric Y. Shibuya vs. County of Kauai, et al., Civil No. 13-1-0345 (Fifth Circuit Court), and related matters: Councilmember Brun moved to approve C 2017-109, seconded by Councilmember Yukimura. Council Chair Rapozo: Is there any discussion? Councilmember Kagawa. Councilmember Kagawa: I just hope that going forward, we will establish a clear or at least a clearer policy regarding employee lawsuits against the COUNCIL MEETING 63 APRIL 26, 2017 County for discrimination or what have you, because it seems that sometimes we feel like we are right, yet we settle because it is financially the better route to go, and sometimes it seems like we fight it when possibly settling was the better way to go. I think when it is not clear as to what our policy really is that are we going to fight to prove justice, or we are just always going to make the financial decision, which for us in the financial bind, it seems like the right way to go all the way. But then again, I think for the taxpayers, it will be a never-ending bill if we just settle every case. Everybody who has a gripe against the County will be open to file a lawsuit because the County does not care about proving what is right. We only care what is financially feasible, and if you have deep pocket to have an attorney to do pro bono until a settlement is reached, then we will have unlimited lawsuits occurring into the future, and I think that is not sustainable. I think we need to establish a better policy of how we are going to handle these lawsuits by employees going into the future. I think it is very unclear for me and it is just a wide open gate to file a lawsuit anytime you feel like you perhaps have been mistreated. Thank you. Council Chair Rapozo: Thank you. Is there any further discussion? The motion to approve C 2017-109 was then put, and unanimously carried. Council Chair Rapozo: Motion carried. With that, the formal part of the agenda is adjourned. ADJOURNMENT. There being no further business, the Council Meeting adjourned at 11:53 a.m. Respectfully submitted, eta 1 \ JAD OUNTAIN-TANIGAWA County Clerk :aa