HomeMy WebLinkAbout06/14/2017 Council minutes COUNCIL MEETING
JUNE 14, 2017
The Council Meeting of the Council of the County of Kaua`i was called to order
by Council Vice Chair Ross Kagawa at the Council Chambers, 4396 Rice Street,
Suite 201, Lihu`e, Kaua`i, on Wednesday, June 14, 2017 at 8:34 a.m., after which the
following Members answered the call of the roll:
Honorable Arthur Brun
Honorable Ross Kagawa
Honorable Arryl Kaneshiro
Honorable Derek S.K. Kawakami (present at 10:35 a.m.;excused at 10:48 a.m.)
Honorable JoAnn A. Yukimura
Excused: Honorable Mason K. Chock
Honorable Mel Rapozo
APPROVAL OF AGENDA.
Councilmember Kaneshiro moved for approval of the agenda as circulated,
seconded by Councilmember Yukimura, and carried by a vote of 4:0:3
(Councilmember Chock, Councilmember Kawakami, and Council Chair
Rapozo were excused).
JADE K. FOUNTAIN-TANIGAWA, County Clerk: Please note that
Councilmember Kawakami is running late, but he will be here today.
Council Vice Chair Kagawa: Okay. Thank you. Next item.
MINUTES of the following meetings of the Council:
April 26, 2017 Council Meeting
May 17, 2017 Council Meeting
May 23, 2017 Public Hearing re: C 2017-125
Councilmember Kaneshiro moved to approve the Minutes as circulated,
seconded by Councilmember Chock.
Council Vice Chair Kagawa: Any discussion or public testimony?
There being no objections, the rules were suspended to take public testimony.
COUNCIL MEETING 2 JUNE 14, 2017
There being no one present to provide testimony, the meeting was called back
to order, and proceeded as follows:
The motion to approve the Minutes as circulated was then put, and carried by
a vote of 4:0:3 (Councilmember Chock, Councilmember Kawakami, and
Council Chair Rapozo were excused).
Council Vice Chair Kagawa: Can we go to the Consent Calendar, please?
CONSENT CALENDAR:
C 2017-135 Communication (05/17/2017) from the Director of Finance,
transmitting for Council information, the following reports:
1. County of Kaua`i Bond Summary of General Long-Term Debt
Amount Outstanding as of July 1, 2016;
2. County of Kaua`i Bond Supplemental Summary of General
Long-Term Debt Amount Outstanding as of June 30, 2017;
and Excluded County of Kaua`i Bond Supplemental Summary
of Long-Term Debt Amount Outstanding as of June 30, 2016:
CFD No. 2008-1 (Kukui`ula Development Project) Special Tax
Bonds, Series 2012, sold April 25, 2012.
Councilmember Kaneshiro moved to receive C 2017-135 for the record,
seconded by Councilmember Brun.
Council Vice Chair Kagawa: Any discussion or 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 2017-135 for the record was then put, and carried by
a vote of 4:0:3 (Councilmember Chock, Councilmember Kawakami, and
Council Chair Rapozo were excused).
Council Vice Chair Kagawa: Clerk, can we please go to the Legal
Document, C 2017-145?
There being no objections, C 2017-145 was taken out of order.
COUNCIL MEETING 3 JUNE 14, 2017
LEGAL DOCUMENTS:
C 2017-145 Communication (05/26/2017) from the County Attorney,
recommending Council approval of an Adopt-A-Park Agreement for stewardship of a
portion of Lucy Wright Park, Tax Map Key (TMK) (4) 1-6-006:003, to allow the
nonprofit corporation Kumano I Ke Ala, via its Director and Po`o, Kaina Makua, to
continue to provide educational and recreational activities to the west side
community through the Kilohana Canoe Club.
• Adopt-A-Park Agreement
Councilmember Brun moved to approve C 2017-145, seconded by
Councilmember Kaneshiro.
Council Vice Chair Kagawa: I will suspend the rules. Mauna Kea will
speak on behalf of the Office of the County Attorney and share any thoughts he has
from the Administration, and then we can have community input, or we could have
it simultaneously if you want to.
There being no objections, the rules were suspended.
MAUNA KEA TRASK, County Attorney: Thank you. For the record,
Mauna Kea Trask, County Attorney. With me, to my right, is Shirley
Simbre-Medeiros.
SHIRLEY SIMBRE-MEDEIROS: My name is Shirley Simbre-Medeiros.
Mr. Trask: We also have Kaina Makua, who is the head
of Kumano I Ke Ala, the nonprofit who is taking kuleana for this stewardship
agreement today. What I am going to do is discuss this document briefly, and then I
will turn it over to the community for them to explain in further depth and answering
any questions that you may have. Real briefly, this agreement was drafted by the
Office of the County Attorney. It follows the same form as all of the other stewardship
agreements that this Council has approved. It begun at the request of the community
in working with Mayor Carvalho and Councilmember Chock, kind of taking it
through the process. Again, I do not want to belabor the point, I want the community
to speak mostly for it. Essentially, if you turn towards the back of the document, this
is page 11, there is a map that was printed off of the County Assessor's website and
it shows the Lucy Wright Park parcels and the mouth of the Waimea River. If you
look to the left, to the west of the Waimea River mouth, there is the Lucy Wright Park
parcel. Within that, there is, highlighted in black, the subject tax map key (TMK).
This TMK is a small parcel, approximately point two seven (0.27) acres and that is
currently and has been historically where the Kilohana Canoe Club has put their
boats. So it has always been there. Although from the community standpoint, it has
COUNCIL MEETING 4 JUNE 14, 2017
always been a part of the park. There is no boundary around it, no fence or anything,
but it is separate parcel. In essence, what we are trying to do is, as the third
paragraph of the second page states, pursuant to State law, outrigger canoe paddling
is a State of Hawai`i team sport. Kilohana, through Kane Turalde, has done a lot of
good work in that area with the kids, with the community, and with the regatta. I do
not know what it is now...Garden Island Canoe Racing Association? Kaina Makua
has taken the reins in this next generation and he does a lot with the community,
educating the kids. This is not just about sports; this is the whole thing for really...
ultimately, he can tell you about this in more detail, but it is an opportunity to reach
out to the community and the kids for education and opportunity to keep them on the
right path and avoid the wrong path. As you know, there is a lot of potential for that
these days. With that, I would like to turn it over to them and they can give you the
bulk of mana o on this, and any other legal questions I can answer on the backhand.
Thank you.
Council Vice Chair Kagawa: Councilmember Yukimura.
Councilmember Yukimura: I just wanted you to clarify the area.
Council Vice Chair Kagawa: Scott is putting up the map.
Councilmember Yukimura: Okay. It is this little square?
Mr. Trask: Yes.
Councilmember Yukimura: It is the little square where the hale will be?
Mr. Trask: It can be, yes. We would allow, under State
and County law, the construction of a canoe hale under indigenous architectural
practices, which is what Mr. Makua wants to do. He is very involved in the...I do not
want to say the wrong word, but he does a lot of work on the Na Pali Coast,
rehabilitating stone structures and Hawaiian hale through indigenous architectural
practices. That is what this is all about, cultural exercise and reclamation.
Councilmember Yukimura: Okay, so the rest of the park is going to be
under the Department of Parks & Recreation?
Mr. Trask: It is all under the Department of Parks &
Recreation and the stewardship is specifically...this is what we are talking about
right here, this parcel. It is within the larger park, but as you know, as-is the practice,
whenever you get the community involved and you allow them a degree of ownership
through formal memoranda or agreement—Mr. Makua takes care of the whole thing.
The presence, they have canoe hale, kupuna, and keiki. We anticipate there will be
COUNCIL MEETING 5 JUNE 14, 2017
a larger communal benefit to this whole area, increased visibility, and decrease the
negative aspects of that.
Council Vice Chair Kagawa: Any more questions on the map?
Councilmember Yukimura: Thank you.
KAINA MAKUA, Po`o of Kumano I Ke Ala: I will let Aunty Shirley talk first.
Ms. Simbre-Medeiros: Aloha. My name is Shirley Simbre-Medeiros.
I have been with Kaina for many years because of my grandchildren. I have watched
him from every aspect from bringing a baby up to as an adult, and raising, coaching,
and teaching of the culture and education. My biggest concern was all of the homeless
people down there. It is an eyesore. If you folks sitting on the side have not seen it,
go down there. It is terrible for our children. Especially because this year, we have
about fifty (50) to sixty (60) kids.
Mr. Makua: Seventy-two (72).
Ms. Simbre-Medeiros: Oh, seventy-two (72) kids out there, looking at
these eyesores. This is pathetic. You get them off the beach and then they go back
to the parks. The kids cannot go to the lua because it is pilau and there are graffiti
on the walls and everything. The pavilion is their kitchen or their gathering place.
Every day from early in the morning, he brings the kids out to practice at 6:00 a.m.
I am there before 6:00 a.m. and they are there. Our kids have no time to enjoy their
park. That is my biggest gripe because there are drugs and fighting. It is terrible,
but I am glad that we are going to start doing something right. I am for my kids, any
west side kids. Any kids that come to the west side, I am for them. I stand up for
them. I do not want to tell you the history of my personal life, but I raised
fourteen (14) of my grandchildren. To see these other kids going there and my kids
going there in that bad environment, we have to get rid of that. We need to help our
keiki so that they do not become those bad kids or those bad adults. I praise Kaina
because my kids go to the lo`i and they learn all about the kalo, from the ground-up,
pulling weeds, harvesting kalo, and learning how to cook it. He is in the high school
also, doing all of this for our keiki. We need help from all of you. I say that west side
has been forgotten; that is true. All of the other canoe clubs have a hale. Where is
the west side's one? In the hot sun, the dry, dessert part of the island. They sit there
and wait. Why? Because they cannot go into the pavilion. Why? Because you have
all of this homeless. I do not think that is fair. We are taxpayers. The homeless
people are taking advantage of our tax money. Thank you. That is all I have to say.
Council Vice Chair Kagawa: Kaina, do you have anything else to share?
COUNCIL MEETING 6 JUNE 14, 2017
Mr. Makua: Kaina Makua. Ka`u mea mua, mahalo ka hui
ana nO kakou. Mahalo nO i ka hele ana mai ke ko nana me makou. Hele mai ane`i,
ka mai (inaudible) kuka i ka makou mea e hana lima me ka (inaudible) 'o Kumano.
First of all, I would just like to thank you folks for having us here today. It is a
privilege. We have been working pretty diligently. Mahalo to Mauna Kea and the
Department of Parks & Recreation men who have allowed this process to take place.
It has been almost thirty (30) years, I think, that we have been at the area that we
are hoping to get the stewardship agreement for. I grew up paddling. I started when
I was third grade. How old is third grade? I started when I was third grade and
Uncle Kane Turalde used to run summer programs, kind of like how I do it, but it
was really low-key and super grassroots. That was something that I gravitated to
when I was a kid. I have been a teacher for eight (8) years and educating kids. When
I left the education system, I knew that I still needed to teach, in whatever capacity
it was; some group of kids needed to learn whatever I had to offer. I was approached
by Uncle Kane and Aunty Gaylynn, maybe in 2012...actually, 2010, when I moved
home, asking me to take over the club. But I told them I had to wait at least four (4)
years. Unfortunately, two and a half(2.5) years later, they really needed a coach, so
I jumped in. I give everything to the kids all of the time, every day, all day, no matter
how long it takes. They are going to get the message, and not only the message of
winning, having a really good work ethic, but also wining in life. The voyage on the
wa a is the same voyage in life that we teach. So we try to make sure that that
message is conveyed and the kids grab it and take it with them. We see a lot of our
west side kids getting into the norm, which you see it everywhere, like drugs and not
going to school. Right now, in our particular area, there needs to be some type of
positive pu`uhonua, a "safe haven" for our kids. With the stewardship agreement, I
think...not "I think"; I know that we are going to make much more progress than we
already have, which speaks volumes already than what we have already done without
an agreement. Now, we can actually put our foot down and tell them, "They are done
already." Prior to this, we really do not have a say because we did not have that
authority footprint, but I think now that we have this solidified, we should be fine
and we can regulate more. It does not have to be the County men coming in; we can
do it now. Like I said, we are always there for the kids. That is why we are there.
That is pretty much what it is. Mahalo.
Council Vice Chair Kagawa: Mahalo. Do you have anything else?
Mr. Trask: If you have any questions, I would be happy
to answer them. Mr. Makua and Aunty Shirley are real humble, so I do not want to
expose them any further, but I can tell you that paddling, for those of you who know,
takes your whole life. You cannot do anything else. I have not been able to paddle
with my canoe club for like ten (10) years now, because I have been here the whole
time. I cannot fundraise, show up to practice, help to set-up the tent, help to carry
the boats, and do all of that stuff. It is a life burden. When I used to paddle, what
Uncle Kane was able to do on the west side with no support, with no formal
COUNCIL MEETING 7 JUNE 14, 2017
agreements—and to the risk of the County, too, to allow them there with no insurance
and no protection...it does not protect the County very well. It does not protect them
very well. What Mr. Makua has been able to do with Kilohana, they are winning
regattas now, because of the strength of the points that the kids make. It is amazing
to see seventy (70) kids show up from the west side, drive all the way to Hanalei Bay,
because all of the regattas are in Hanalei now, and win; take home the win for the
whole club because of the strength of the keiki. It is tremendous. Hawaiian is a legal
language; it is coequal with English in the State of Hawai`i. What Mr. Makua said
in Hawaiian is beautiful. I know this is going to get passed today. I do not want to
come across as "cocky," but this is a good thing. I just want to thank the community
to stepping up forward. Thank you, Administration, the Mayor, and this Council body
for working with the community. Kauai built the stewardship agreement program.
No one else has done this. The willingness of this County to take these opportunities
with the community, and at no cost to the County, redevelop our parks, rehabilitate
our parks, and work with the community through the right people to do this. It has
been an honor to be the County's attorney throughout these proceedings. I just want
to thank you for this.
Council Vice Chair Kagawa: Thank you. Questions? Councilmember
Yukimura.
Councilmember Yukimura: I just want to say thank you so much to Kaina
and Shirley and all of the team over there that is doing such good work with our kids.
I think Mauna Kea himself was modest in describing what your club has achieved
just in the regular varsity competitions. You won five (5) out of seven (7) or something
like that, right? Tell us about it.
Mr. Makua: Our high school kids won four (4) out of six (6)
divisions in the high school paddling.
Councilmember Yukimura: The club is only two (2) years old officially,
right?
Mr. Makua: Which club? High school? It is kind of the
same thing, but Kilohana Canoe Club is roughly...since I have been there, it is like
four (4) years.
Councilmember Yukimura: Four (4) years?
Mr. Makua: Yes.
Councilmember Yukimura: So it is a fairly young competitor in the
regular process, right?
COUNCIL MEETING 8 JUNE 14, 2017
Mr. Makua: For sure. Her grandson was a part of the
thirteen (13) boys that won State's last year.
Councilmember Yukimura: That is right. Thank you for telling us. You
have put Kaua`i on the map, even as a young team, which sort of shows the kind of
commitment and dedication you are getting from the kids because of your dedication
and commitment. It is really wonderful to see.
Mr. Makua: Mahalo.
Councilmember Yukimura: It makes a lot of sense that you would get the
stewardship agreement. I am hoping that the County will rise to its part of the
stewardship agreement to support where needed, like enforcement. I think there are
some Department of Land and Natural Resources (DLNR)/County jurisdictional
issues with respect to the homeless there.
Mr. Trask: Definitely. Real briefly, I did not state this
earlier, but the Director of Parks & Recreation, Mr. Rapozo, is all about this program,
especially because it is sports-related and the canoe club. I have been working with
him and the Kauai Police Department (KPD) to promulgate the Department of Parks
& Recreation's rules regarding closure of parks that would deal with...this is nothing
about homeless, but it is the illegal activity associated with park use, regardless of
homeless or not, and to do it appropriately within the confines of equal rights and the
whole loitering jurisprudence throughout the '60s. It has taken some time because it
is nuance, but we are right there on the cusp. In fact, we just came up with a final
draft that is in review/approval. It is full-pressed to deal with all of these issues
positively.
Councilmember Yukimura: That is good. Our jurisdiction...I do not know
how far our parks jurisdiction goes. Does it go all the way to the water?
Mr. Trask: No. There is unencumbered land right there,
but again, Mr. Rapozo, through his work with the State and the north shore and
everything, it is always an opportunity to improve, but we do have relationships and
the willingness.
Councilmember Yukimura: Very good. I am glad you are on top of it.
Thank you, Lenny, back there. This just also emphasizes the need to do work with
homeless as well on a largescale, in terms of providing housing and managing what
is happening out there. Thank you very much.
Council Vice Chair Kagawa: Any more questions? We are going to have
discussion later as well. Any questions?
COUNCIL MEETING 9 JUNE 14, 2017
Councilmember Brun: I just have discussion, I do not have a
question.
Council Vice Chair Kagawa: Okay. Questions? If not, thank you. Lenny,
since you are here, do you have anything that you want to share with us? I want to
thank you, Lenny. We have been conversing, myself and Councilmember Chock, with
Shirley and other members as well in working with you. I know that as far as when
I have contacted you, you have always been willing to work with them and see how
we can make this work. Thank you for making it happen. I know sometimes things
take longer than what the public wants, but at the end of the day, at least something
has happened.
LEONARD A. RAPOZO, JR., Director of Parks & Recreation: Thank you,
Vice Chair Kagawa. For the record, Director of Parks & Recreation, Lenny Rapozo.
On this island, we are very blessed with different types of athletes, whether you are
a football player, baseball player, basketball player, tennis player, or pickleball
player—this is just another form of recreation or a sport that I think helps place our
young people on the island in a positive environment and allows them to grow and
become a responsible citizen. With this stewardship agreement, it allows not only to
foster this activity and promote this good environment, but it also gives them a sense
of place and allows them to perpetuate a culture of which we all identify with growing
up here on the island of Kaua`i. I am grateful for the community and I thank this
body for the patience, the time, and the willingness to work with the Department of
Parks & Recreation, and of course, County Attorneys to help draft the legal
documents, and working with the community. I think that is what we all strive for
and we do what we do.
Council Vice Chair Kagawa: Lenny, I have a question. Do we have moneys
in the budget to provide for Mr. Makua to build whatever he needs to build or are we
looking at a future date to look for funds to help him?
Mr. Rapozo: Currently, we do not have any moneys
earmarked specifically for this endeavor, but in one of our meetings, he did show me
some renderings of drawings of what he wants to do and I did tell him that we can
make this commitment where we can provide the moneys for the materials, and they
are a nonprofit 501(3)(c), so we can work with them like how we do with other
organizations that we can provide money for materials and then they can do the work.
Depending on what the costs are, that would decide on whether or not I would have
to come back to this body or if we can find moneys within the budget that we have
currently.
Council Vice Chair Kagawa: If you can get that to us as soon as possible, I
think if we get this agreement done and they are ready to go, then let us move and
let us get it done. I think the Council will find the money to support a project like
•
COUNCIL MEETING 10 JUNE 14, 2017
this. I do not think we are just going to give them the land and not proceed forward.
If so, then there is no sense that we do the land.
Mr. Rapozo: Exactly. We can get a number from them as
to what they think they may need.
Council Vice Chair Kagawa: Mahalo. Any other questions?
Councilmember Brun.
Councilmember Brun: Kaina, do you have a cost?
Council Vice Chair Kagawa: You can come up.
Councilmember Brun: I forgot to ask you earlier.
Council Vice Chair Kagawa: Just a rough estimate.
Mr. Makua: Just for the materials?
Councilmember Brun: Yes.
Mr. Makua: For the material, it is probably going to take
ten thousand dollars ($10,000) to fifteen thousand dollars ($15,000) just for the
material. To build an actual thirty (30) by fifty (50), which was built for a Hawaiian
canoe club on Maui, I think that was around forty-five thousand dollars ($45,000) for
everything, like the work, the materials, and all of that.
Councilmember Brun: Okay. We can get some kind of drawing and
estimate together so that we can figure out something. It is almost guarantee that
some community groups and businesses would chip in, too. So we can get some stuff
together. Thank you.
Council Vice Chair Kagawa: We can upgrade it.
Mr. Makua: Sounds good. Mahalo.
Council Vice Chair Kagawa: Any other questions? Seeing none, anyone
from the public wishing to speak on this? Seeing none, the meeting is called back to
order. Discussion? Members? Councilmember Kaneshiro.
There being no objections, the meeting was called back to order, and proceeded
as follows:
COUNCIL MEETING 11 JUNE 14, 2017
Councilmember Kaneshiro: I just want to say that I have all the
confidence in Kaina and his crew. I know Kaina will do a great job and I just want to
thank him for all of his time and commitment to the community. I am sure it takes
a lot of time to volunteer and teach the kids and it is time that he could spend doing
other things, like with his family and maybe things that he wants to do on his own,
but he dedicates his time to help the community. I have all of the confidence in him
to do a great job at that spot. This agreement is easy to support, the Adopt-A-Park
Agreement. The agreement is very clear. It sets out very clearly what is expected of
both sides, both parties, us and Kaina's group. I think in addition to just Kaina doing
a great job out there, having a place for their canoes and the kids, I think it provides
a huge value to the kids and the community. It also builds pride. The kids may pass
that park a few times a week and they are going to say, "This is the park that I help
take care of. This is where I learn how to paddle canoe." I feel it still when I pass
Koloa Park, I always tell people that I used to play football or baseball there. In this
instance, they get to paddle, take care of the place, and take even more pride in it. I
think it is just a great thing overall and I wish you folks all the success in the future.
Good job.
Council Vice Chair Kagawa: Councilmember Brun.
Councilmember Brun: Kaina, I never heard one bad thing about your
club. I live on the west side in Waimea. I see that place every single day. What you
are doing out there is just fantastic, what you are bringing to the kids. My friend
tells me that they go on the weekends at 6:00 a.m. and you work with them, while
you could be doing other things. You have a business to run, but you are out there
for a nonprofit, doing what you do. All of us will support this one hundred percent
(100%). I look at it and I have been working on this homeless issue and drug issue.
Everybody knows that I have been there, done that. I flew to O`ahu for a couple of
meetings to see what we could do. To me, we failed as a County to clean this up.
There is money sitting in the State right now, but we are not getting it because we do
not have a plan; we have no plan. So that is what I am trying to work on. If we kick
them out, they are going to move someplace else. It is family, it is locals, and it is us
that is there. I understand where that is coming from. I do whatever I can to help
these people out and I think that is what we need to do, because they are just going
to move someplace else and keep on moving. It is just the nature of it. We, as a
County, and that is including all of us, we need to figure this out. We have issues
with homeless all over this island. We have businesses calling. They are just going
to move someplace else, like live on somebody's front lawn or something. What are
we going to do as a County to get it done? What you folks are doing down there is
just fantastic. I just talked to Clarence and his brother never did paddle and she is
so excited. You work them like animals, but it shows. That is why you folks are
winning everything. We will support it. Like I said, get us a number. There are a
couple of businesses on the west side that would probably chip in a little and help out
to see what we can do to get this built. Just the foundation that you are building out
COUNCIL MEETING 12 JUNE 14, 2017
there is just fantastic. I knew this club when Kane used to have it. They ran it really
well, but I think you just took it to a next level. You put your heart and soul into it
and congratulations. Your hard work is showing and paying off. Thank you very
much for what you are doing for the west side. Thank you.
Council Vice Chair Kagawa: Councilmember Yukimura.
Councilmember Yukimura: I think the west side and Kaua`i is so lucky to
have you, Kaina and Shirley, and other people there. But especially you, Kaina,
because you hold up that program every day and are out there every day. To think
that there are seventy-two (72) plus kids who are being influenced, who are being
taught the culture and the values, as well as given the ability to strive for excellence
in sports, in canoe paddling. Wow, that is such a gift to our kids; they deserve it and
you are making it happen. Thank you very much and it is wonderful to hear all of
the support that is out there. To be able to visualize the hale completed and serving
all of your needs is a wonderful thing. Thank you. I also want to thank the County,
Mauna Kea, Lenny, and the group that has been supporting this stewardship
agreement. The club and those who are running it really deserves the support. I am
proud that the County is stepping forward, too.
Council Vice Chair Kagawa: Councilmember Brun.
Councilmember Brun: I have something else to add. The cleaning of
the Waimea River was led by Kaina also, and they cleaned that with buckets, not
with escalators or anything else. Thank you folks. It is just great things you are
doing out there.
Council Vice Chair Kagawa: I would just like to close by saying that I think
one of the main reasons why I ran for Council five (5) years ago was because I wanted
the west side to have a voice. I am a west side boy. I grew up in Hanapepe, but my
family is from Waimea Valley. I grew up in the river. We did not have organized
canoe paddling, but what we had was those aluminum boats and we would paddle
with the long stick and that is how we would fish and crab and what have you. I grew
up doing that. I think it is great that now we have an organized competitive sport
that teaches teamwork, fellowship, and values that you have. Kaina, thank you for
sharing that and making it grow and expanding it for the west side community. I
think the whole Kaua`i thanks you for your work and hopefully we can clean up some
of the problems that are there that we know exists. Having them move from Russian
Fort to the river mouth to the pavilion, back to a private property fronting the beach,
it is not solving the problem. We are moving them from place to place and the illegal
drugs and stuff...it does not help them to become not homeless. It is a difficult puzzle,
but we cannot give up on trying to solve this puzzle. It will plague us for years and
it hurts the kids. I think we all have to do more, everybody, from the Police,
Department of Parks & Recreation, the County Attorney, and us. We all have to do
COUNCIL MEETING 13 JUNE 14, 2017
more. What is happening now is unacceptable. I thank you. This is a positive
moment. Let us build on this and let us put that canoe hale up as fast as we can. I
assure you that this Council will support your request. Mahalo.
The motion to approve C 2017-145 was then put, and carried by a vote of 4:0:3
(Councilmember Chock, Councilmember Kawakami, and Council Chair
Rapozo were excused).
Council Vice Chair Kagawa: With that, we will recess this Council Meeting
to present a certificate. Thank you.
There being no objections, the meeting recessed at 9:08 a.m.
The meeting reconvened at 9:23 a.m., and proceeded as follows:
Council Vice Chair Kagawa: Clerk, can we go the next item, please?
Ms. Fountain-Tanigawa: Vice Chair, we are back to page 2, C 2017-136.
COMMUNICATIONS:
C 2017-136 Communication (05/03/2017) from the Housing Director,
requesting Council approval to dispose of the following government records, pursuant
to Hawai`i Revised Statutes (HRS) Section 46-43 and Resolution No. 2008-39 (2008)
as amended, which have been kept for over seven (7) years and are no longer of use
or value:
• Contracts (Contracts closed) (Prior to 2009)
• Statements/deposits (Kalepa/Pa`anau bank statements,
deposits) (1997-2007 and 2007-2009) and (HCDRF deposits,
financial reports) (Prior to 2007)
• Financial reports (Section 8 financial reports)
(Fiscal Year 2009)
• Staff timesheets (Timesheets) (Calendar Year 2008)
• Client and Vendor files (Section 8 archived client and vendor
files) (Prior to 2009)
• Homebuyer files (Homebuyer files (includes income, financial,
and title information)) (Prior to 2009)
Councilmember Kaneshiro moved to approve C 2017-136, seconded by
Councilmember Brun.
COUNCIL MEETING 14 JUNE 14, 2017
Council Vice Chair Kagawa: Is anybody from the Administration here?
Avis is here. Councilmembers, do you have any questions? Anyone from the public
wishing to speak on this?
The motion to approve C 2017-136 was then put, and carried by a vote of 4:0:3
(Councilmember Chock, Councilmember Kawakami, and Council Chair
Rapozo were excused).
Council Vice Chair Kagawa: Next item.
C 2017-137 Communication (05/17/2017) from the Director of Economic
Development, requesting Council approval to apply for, receive, and expend funds in
the amount of $30,000.00, from the State Department of Labor and Industrial
Relations (DLIR), to work with the Department of Education (DOE) — Natural
Resources Pathway and Future Farmers of America (FFA) programs at Kaua`i,
Kapa`a, and Waimea High Schools in providing summer internship programs for
students to work at Kauai farms, ranches, and agriculture-related businesses:
Councilmember Kaneshiro moved to approved C 2017-137, seconded by
Councilmember Brun.
Council Vice Chair Kagawa: Councilmember Yukimura, do you have a
question?
Councilmember Yukimura: Yes.
Council Vice Chair Kagawa: I will suspend the rules.
There being no objections, the rules were suspended.
GEORGE K. COSTA, Director of Economic Development: Aloha. For the
record, George Costa, Director of Economic Development.
Councilmember Yukimura: Hi George. Good morning.
Mr. Costa: Good morning.
Councilmember Yukimura: I do not have any problems with applying for
this grant. In fact, I commend you for your initiative. I was just wondering if you
have anywhere a really clear statement of the goals and purposes of this program.
Mr. Costa: Actually, this program evolved two (2) years
ago and it came through our association with Workforce Development, the
Department of Labor, and I was not aware that the legislature and the Agricultural
Committee on the Department of Labor had provided funds, not only for this
COUNCIL MEETING 15 JUNE 14, 2017
opportunity, but there is a fund that the Agricultural Committee came up with and
is providing to all counties to come up with programs on how we can promote
agriculture. From the Department of Labor, who we work with directly, they
approached myself and Ka`eo Bradford, our Workforce Development Coordinator, to
come up with a program utilizing the Future Farmers of American (FFA) program,
to create an internship program. At the time, I was not aware that only Kaua`i High
School had an FFA program. When I was going to school, almost every high school
had an FFA program. I took on the challenge. I met with Herbert Keamoai, and
when I met with him, it was actually one (1) week away from his retirement, so that
was a surprise. Anyway, the goal really from the legislature and the Department of
Labor and Industrial Relations and the Department of Education is to get our high
school students involved with agriculture again. As I mentioned, it started with the
FFA program two (2)years ago. Last year, they wanted to incorporate more students,
so they opened it up to what is called "The Natural Resources Pathway Program" at
our high schools. Now, the goal is to provide this opportunity to students to
experience various agricultural companies, whether it is farming, ranching, or
value-added; one for the experience; and two, right now, I am working with the
Department of Education and the legislature with hopes to have this program as part
of the curriculum where it is not just a summer internship program, but part of the
curriculum of the school where students can get credit and there is also the thought
by the legislature if a student participates in this program more than one (1) year,
that there may be opportunities for a scholarship to an agricultural-related higher
education facility. Those are the goals right now. As I mentioned, it has been my
honor to have been approached and try to put this agricultural internship program
together. What started out as just two (2) students from Kauai High School in the
FFA program—last year was thirteen (13)—this year, we have thirty-seven (37)
students interested and a lot of it is attributed to our high school principals, Anne
Kane at Kaua`i High School, and Mahina Anguay at Waimea High School, and Daniel
Hashimoto at Kapa'a High School, and their staff. They have four (4) really good
agricultural advisors. You have Greg Harding at Waimea, Craig Duff at Kaua`i High
School, and at Kapa'a High School, you have Waianela Boiser and Kylie Hashizaki,
which recently graduated from Oregon State University with her Master's in
Agriculture. Just from me going to the three (3) high schools and talking to the
students, they are very enthused to want to experience agriculture and I have already
gotten feedback from their parents that some of their kids, it is hard to get them
excited and some of the parents have already advised me that it is unusual for some
of their kids to be excited, especially to be involved in an agriculture endeavor. Again,
that was a lengthy explanation, but that was the goal right now and that was the
vision of the legislature and the Department of Labor, Department of Education, and
I am hoping to some degree that it is our goal to really get our kids involved in
agriculture.
COUNCIL MEETING 16 JUNE 14, 2017
Councilmember Yukimura: Thank you. So the goals are to provide an
opportunity to experience agriculture in the making, provide agricultural curriculum,
possibly at the high school, and possibly provide scholarships.
Mr. Costa: Right.
Councilmember Yukimura: In the provision of opportunities to experience
agriculture, are the kids just going from farm to farm and watching or looking, or are
they actually participating in the agricultural operations?
Mr. Costa: They are actually participating. The
Department of Education, for each student, because they will experience anywhere
from three (3) to six (6) different farm opportunities. The Department of Education
requires work-based learning forms to be completed. So last week we just filled out
two hundred twenty-two (222) packets of eight (8) pages each, required by the
Department of Education that outlines what each farm, each ranch, and each
value-added organization is going to cover in the one week that they spend with the
students. So we had that where they will actually be working in the farm with either
the farmer or the rancher. This year we have Kaua`i Nursery and Landscaping. Their
program, which they have already had in place and they just recently worked with
vocational rehab students, is a two-week program, so we are incorporating their
program into this summer internship program. To answer your question, they will
be working in the farms. They will be learning not only plant propagation, fertilizing,
clearing of land, ranching, but they will also be learning the business aspect of the
farm and ranch, marketing, packaging, and so forth. It is a lot of cover in one (1)
week for these students and I want to just really thank the various farmers, ranchers,
and value-added organizations for really giving their time to spend with these
students. Right now, with the thirty-seven (37) students, we have five (5) groups, an
average of nine (9) students in each group, and then in the case of Valerie Kaneshiro
at Kaneshiro Farms, she had requested that instead of having students rotate every
week, she wanted to see if there were at least two (2) students that would be
interested in spending the entire summer with her and we do have two (2) students
from Kapa'a that we met at Kaneshiro Farms. So they will be spending the entire
summer with Valerie and learning every aspect of hog farming, animal husbandry,
and the business aspect. Again, this is the third year of the program. We really want
to build it, like I said, into the vision that State legislature and the Department of
Education has for these students.
Councilmember Yukimura: Thank you. I have talked to Valerie, and her
case, the students really get an in-depth understanding of the operations. I know she
is a great teacher and I know she is a great teacher and I do want to acknowledge
those farms. It takes a lot of work for the farms to participate in this to prepare for
two (2) to nine (9) students and make sure that the Department of Education criteria
met. I hope that there is a win-win somewhere so that they get some labor and help
COUNCIL MEETING 17 JUNE 14, 2017
in their operations. It is really a dramatic increase from two (2) to thirty-seven (37).
That shows a growing interest, so that is really good to hear. Thank you very much.
Mr. Costa: Thank you.
Council Vice Chair Kagawa: Any further questions? George, I have one.
Does the Kaua`i Department of Education's schools have any information provided to
you regarding what percentage, how much kids from each high school in the past
whatever years have gone into agricultural-related major out of high school. I would
think that if you get that number and it is really low, then we are trying to increase
that number. I teach at the high school and I do not see much students having
interest in an agricultural-related field. I think that would be a really nice target to
hit.
Mr. Costa: I have actually spoken with all three (3)
principles. The first one was Kauai High School. Like I said, in speaking Herbert
Keamoai. When I met with Mr. Keamoai in 2015, he had forty-eight (48) students in
his program. I was actually surprised that only two (2) girls decided to get into the
internship program, but they stayed with it their sophomore and junior summers.
They have since graduated. The numbers are small, but again, just based on the
program itself, the students that were involved with the program, going back to school
the next year and sharing with their fellow students their experiences, and then my
going to the campuses and talking to the students and the teachers. One, I can see
the involvement in the students at Waimea with Mr. Harding. Those of you from the
west side, if you have seen the farm that they have created, it is pretty amazing. Last
year, I actually had eight (8) Waimea students interested. It ended up that only three
(3) went actually went through a program. Unfortunately, it was not our program,
but they actually work with Kaina Makua. In that respect, I am really thankful that
they did get involved with agriculture. Like I said, at Kaua`i High School, we had
twelve (12) students from the two (2), so that is an increase. I have to commend
Kapa'a High School and their staff for really encouraging the students to get involved
and I have spoken to some of the students and they are excited. The goal is
hopefully...right now, Kapa'a High School has twenty-nine (29) involved. Out of the
twenty-nine (29), say thirty percent (30%) stay with agriculture, I think that is a
win-win. The goal is to really get them involved and not only see the hands in the dirt
side of agriculture, but the marketing, the business side. Yesterday, I talked to one
(1) student. The students nowadays are so adapt in social media and technology, so
we want to encourage them that there is more to agriculture than just hands in the
dirt. A drone technology is being incorporated. There is a lot more opportunity for
our kids nowadays.
Council Vice Chair Kagawa: Any more questions? Seeing none, thank you,
George. Anybody from the public wishing to speak on this? Seeing none, Members,
further discussion? Councilmember Kaneshiro.
COUNCIL MEETING 18 JUNE 14, 2017
There being no objections, the meeting was called back to order, and proceeded
as follows:
Councilmember Kaneshiro: For me, I think it is just a great opportunity.
There is nothing like firsthand experience for agriculture. I had to help my dad on
the ranch when I was young and I told myself that I am never going to do that. I
probably went into a career as far away from hands-on agriculture as possible:
accounting, you deal with numbers. You experience it, you appreciate the hard work,
and then look at me—I said I would never want to do it, but now on the weekends I
am at the ranch giving sheep medicine and doing that kind of stuff. Even if they do
not go into that career, I still think that there is a lot of value in having kids
experience firsthand what it is, the hard work, the commitment, and the value that
goes into getting food on the table or raising an animal or dealing with...a lot of
conditions, you cannot control, like the weather. For animals, you have sickness and
all of these things that pop-up that you really do not have much control over, but you
have to deal with it. I think it is just a great opportunity. Again, one of the main
parts that usually gets missed, and I am glad that George is addressing it, is the
business side of it. Are you able to make money? I am sure there is a lot of people
that want to farm and think farming is great, but if you are going to dump money in
and not get anything out of it, then you may as well donate that money to the church
or somewhere else, because you want it to be subsistent. You want to at least break
even on it. The business part of it and allowing the kids to see, "What are my options?
Do I want to be a rancher, be outside, pounding fence posts, and doing that type of
thing? Or maybe I want to work for a seed company, be in the office, and do the
science side of it." The spectrum of opportunities is humongous and I think if you can
get kids interested in it now and they say, "That is something I might want to be,"
then I think we have done our job. Or even just providing them with that value to
know, "Hey, this is how hard it is to produce food or take care of animals." I think
just getting them any type of experience is a great thing, so I am in full support of it.
Council Vice Chair Kagawa: Councilmember Brun.
Councilmember Brun: Yes, I remember back in high school, you got
to pick what your career is going to be. I thought I was going to be a farmer and I
work at Syngenta, so I am a farmer. It is a great, great idea. We have been trying to
work with Waimea High School to bring that program back. You talked about the
garden and we helped them with all of their irrigation up there and they got some
great things. I remember going up to Kapa'a High School like six (6) years ago and
tilling that whole back land, that pasture that they had to try to get them started.
This was about six (6) years ago. We hauled all of our tractors from Kekaha to there
to help them out. It was a great idea and great program. It gives them something to
look forward to. Farmers are a dying breed right now and we need more of it. Thank
you for doing this. Thank you.
COUNCIL MEETING 19 JUNE 14, 2017
Council Vice Chair Kagawa: Councilmember Yukimura.
Councilmember Yukimura: I think I was at the Waimea High School
Carnival and for sale were these microgreens that Mr. Harding and his kids produced
and it is something that I would pay for. It is a wonderful food and it was so good to
see something that our kids are producing. It is very encouraging to see the renewed
interest in agriculture, and seeing the school system respond with these very
dedicated teachers now, who are available when getting the kids excited. This
program of internship is a nice extension of that. I like what Councilmember
Kaneshiro was saying about how you actually experience what farming is. I have
picked cucumbers and harvested bananas. It is hard work, but it is something that
our society needs, and for those kids who are interested, it is a wonderful thing that
they will find careers in it. As Councilmember Kaneshiro said, too, if they decide not
to do agriculture, at least they have a better understanding and appreciation of
agriculture and what it takes to produce food. In all ways, it is very exciting to see.
I believe there is a resurgence. I was reading the Notre Dame Magazine and they
have a minor in sustainability now and the classes are overflowing, and farming is
part of that. Good job.
Council Vice Chair Kagawa: Thank you. I have been at Kapa'a High
School for about fifteen (15)years and have seen numerous teachers come in and they
want to build that agriculture program, and like Councilmember Brun said, I have
seen that place get worked on several times and after it gets cleaned up and the plans
are all in place, and then the weeds all takeover, and start again. It just goes to show
you that agriculture is hard work. A lot of times, the teachers end up being
overwhelmed with the amount that they are tasked with. They feel like it is a
one-man show and they end up dropping the program. I think we have to keep at it,
right? What are we going to do?Are we going to keep on importing all of our produce?
Even if it is from O`ahu, it is still importing. We have to try and increase the amount
that we produce here. Look at Kaneshiro Farms—not because Councilmember
Kaneshiro is my good friend and right next to me—but that is a success story in itself.
The amount of pigs that they provide to the local markets and the restaurants...it is
high quality. The mainland pig does not taste as good as theirs. You know it is
cleaner. You have heard stories about how they raise pigs in the mainland with mass
production and it is pretty gross, actually. It is just mass production and they do not
even get to move around or anything. Kaneshiro Farms is a success story and the
fact that they are participating in it is just amazing. Thank you for having them
included in that. Councilmember Kaneshiro tells me as well that sheep farming is
not that easy either. There is a lot of hard work and there are a lot of things that not
everybody is meant to do. For the students to go through it and see what it is like, I
will tell you that it is a valuable tool, whether they are going to go in it for the
long-haul or not, I thank you for having this program, because I think the Department
of Education needs a boost. They need partners to help build their agriculture
COUNCIL MEETING 20 JUNE 14, 2017
programs. Like I said, I have seen many come and go and the program is pretty much
dead right now, but hopefully it will be revived with Kylie and Waianela. Like the
Waimea one, I know that Coach (inaudible) had it going. At one time, it was
tremendous. Then it kind of went down and now it is going back up. Thank God it is
going back up. I heard it has been at Kaua`i High School for a long time and doing a
good job and keeping that pretty much consistent, but we need to build the interest.
Not everybody is meant to be a teacher or an accountant, or whatever it is. Some
people are more hands-on and they want to get dirty and want to work. If we do not
provide the opportunities for them to learn and see what it is like, then I think we
are not doing them the service. I think this is a great job, trying to provide them with
the hands-on, real life experiences, that hopefully we can get some real interest in
the agricultural field and produce more stuff locally. I think that is the key.
The motion to approve C 2017-137 was then put, and carried by a vote of 4:0:3
(Councilmember Chock, Councilmember Kawakami, and Council Chair
Rapozo were excused).
Council Vice Chair Kagawa: Next item, please.
C 2017-138 Communication (05/19/2017) from the Director of Parks &
Recreation, requesting Council approval to apply for, receive, and expend the
National Park Service Land and Water Conservation Fund grant, in the amount of
$250,000.00 with a match of $250,000.00 from the County of Kaua`i's Capital
Improvement Project (CIP) funds, to resurface tennis and basketball courts at five (5)
parks, for a total amount of $500,000.00: Kalawai, Peter Rayno, Wailua Houselots,
Puhi, and Bryan J. Baptiste Sports Complex: Councilmember Kaneshiro moved to
approve C 2017-138, seconded by Councilmember Yukimura.
Council Vice Chair Kagawa: Any questions? Lenny, do you want to give a
brief overview? I have seen a lot of the basketball and tennis courts. I do not
know...due to Kaua`i's conditions, a lot of cracks occur and you folks do a good job
resurfacing and they reappear. I do not know if it is the clay soil conditions
underneath, but I thank you for trying to address it, using some of these National
Park Service Land and Water Conservation Fund grants that you have. Go ahead.
There being no objections, the rules were suspended.
Mr. Rapozo: Thank you, Vice Chair Kagawa. For the
record, Director of Parks & Recreation, Lenny Rapozo. We are applying or we have
applied for this Land and Water Conservation Fund (LWCF), which is a federal
program that is administered by the Department of Land and Natural Resources of
the State. Our application is in. It has been approved and they are helping us to
complete the application to the feds so that we can get these moneys in and we will
match it with funds in the proposed CIP Budget.
COUNCIL MEETING 21 JUNE 14, 2017
Council Vice Chair Kagawa: Do we have the matching funds in there yet?
Mr. Rapozo: We have the matching funds already in the
proposed CIP Budget. Although these are listed as one (1), two (2), three (3), four (4),
five (5) different parks, it is taken as one (1) project. So we have two (2) line items in
the proposed CIP Budget that would cover the matching funds for this.
Council Vice Chair Kagawa: Thank you. Any further questions for Lenny?
Councilmember Yukimura.
Councilmember Yukimura: It is very commendable that we are using
federal moneys, so that is good. I do know the need, too, for resurfacing our tennis
and basketball courts.
Mr. Rapozo: Yes.
Councilmember Yukimura: Are these based on a maintenance schedule,
that they are the ones that need it the most?
Mr. Rapozo: These are the ones that we have identified as
needed the most, but most importantly, these parks are already been within the
LWCF grant. They have received some form of grants from LWCF.
Councilmember Yukimura: In the past?
Mr. Rapozo: In the past. That would not prevent us or add
anymore restriction that already have been applied to these parks.
Councilmember Yukimura: Yes, so we are sure of federal approval if these
are the parks that go forward.
Mr. Rapozo: Not necessarily federal approval, but like
Lucy Wright, remember back in 2009 when we applied for moneys—Lucy Wright
park, we had some trouble with that, because that was a LWCF park and the County
built something within that park and it was not...
Councilmember Yukimura: Did it disqualify the park?
Mr. Rapozo: Not so much disqualify the park, but for the
sake of a better term, "in violation" of the conditions of when we put moneys in these
LWCF parks.
COUNCIL MEETING 22 JUNE 14, 2017
Councilmember Yukimura: Okay. I have a question that probably Glenn
Mickens would be proud of, but in our specs that guide the resurfacing, I guess we
are using best practices.
Mr. Rapozo: Yes.
Councilmember Yukimura: Okay. So we are sure that the resurfacing will
have the longest life possible then?
Mr. Rapozo: Councilmember Yukimura, in my experiences
and in talking with different consultants and people that pave roads, repaving a
basketball court is very similar. For instance, Hanapepe Heights' basketball and
`Ele`ele Nani's basketball court are two (2) courts that were built at the same time,
same contract, and same year. Yet, the Hanapepe court is almost in dire need of
resurfacing, as opposed to the `Ele`ele Nani one. A lot of it has to do with the ground,
soil, movement of the ground, trees and roots that are growing around the park that
will make a difference as to whether the longevity of the basketball and tennis courts
in need of being resurfaced.
Councilmember Yukimura: Right. If the location cannot be changed, then
you would have to do prep things, like properly cut the roots of trees and that sort of
thing, and you are saying that it matters most when you design, locate, and first-time
construct the facility, right?
Mr. Rapozo: That is what we have learned, yes.
Councilmember Yukimura: So that has to be remedied at the point of
design and construction.
Mr. Rapozo: Correct.
Councilmember Yukimura: I presume you are incorporating those things
into your design and construction parameters.
Mr. Rapozo: Yes, to try and get the most longevity out of
the parks, yes.
Councilmember Yukimura: Then at time of resurfacing, there are other
parameters so that it can last the best possible.
Mr. Rapozo: Yes.
Councilmember Yukimura: You are following those, right?
COUNCIL MEETING 23 JUNE 14, 2017
Mr. Rapozo: We try, yes.
Councilmember Yukimura: Okay. Thank you very much.
Council Vice Chair Kagawa: Further questions? Seeing none, thank you,
Lenny. Anybody from the public wishing to speak on this? Seeing none, the meeting
is called back to order.
There being no objections, the meeting was called back to order, and proceeded
as follows:
Council Vice Chair Kagawa: Further discussion? Councilmember
Kaneshiro.
Councilmember Kaneshiro: I just want to commend Lenny for finding this
matching money. In the CIP Budget, we budgeted two hundred thousand dollars
($200,000) just for the Kalawai Park. In this case, we are able to spend about that
much County money, but we are able to double the money and not only do Kalawai
Park, but we are able to do Peter Rayno, Wailua Houselots, Puhi, and Bryan J.
Baptiste for the same amount of money that we were going to spend just on Kalawai.
I think it is very commendable for us to be able to do this project and get this grant.
Thank you.
Council Vice Chair Kagawa: Further discussion? Councilmember
Yukimura.
Councilmember Yukimura: Thank you, Lenny, for stretching the money.
Council Vice Chair Kagawa: Councilmember Brun?
Councilmember Brun: Thank you.
Council Vice Chair Kagawa: This is another instance where I do not praise
the Administration too much, but with the Department of Parks & Recreation, I am
very honored to be Public Works / Parks & Recreation Committee Chair and work
with Lenny. He is a doer. The accomplishments he has had over his run, you cannot
deny. For example, Kekaha Gardens Park—not touched for how much years and we
have a beautiful park there now. Just numerous things that I do not think you can
criticize Lenny for the job he has done. He has done a lot of things that were neglected
for a while. Keep it up, Lenny. I am honored to work with you and have your
leadership in my Committee. Mahalo for all of you have done.
COUNCIL MEETING 24 JUNE 14, 2017
The motion to approve C 2017-138 was then put, and carried by a vote of 4:0:3
(Councilmember Chock, Councilmember Kawakami, and Council Chair
Rapozo were excused).
Council Vice Chair Kagawa: Next item.
C 2017-139 Communication (05/26/2017) from the Emergency Management
Administrator, requesting Council approval to apply for, receive, and expend Hazard
Mitigation Grant funds from the United States Department of Homeland Security,
via State of Hawai`i Emergency Management Agency, for a total estimated amount
of $428,125.00, to be used for the installation of a stage-only gage at Hanakapi`ai
Stream, and hardening of the Kalaheo Gymnasium and Kaua`i War Memorial
Convention Hall for evacuation shelter purposes: Councilmember Kaneshiro moved
to approve C 2017-139, seconded by Councilmember Yukimura.
Council Vice Chair Kagawa: Any questions? Councilmember Yukimura.
The rules are suspended.
There being no objections, the rules were suspended.
ELTON S. USHIO, Emergency Management Administrator: Aloha. Elton
Ushio, Emergency Management Administrator.
Councilmember Yukimura: Good morning, Elton.
Mr. Ushio: Good morning.
Councilmember Yukimura: You have already told us about this
project...the gage anyway...and the other purposes also sound really good, like
hardening of Kalaheo Gymnasium and the Kaua`i War Memorial Convention Hall. I
remember, at the time of Hurricane Iniki, how inadequate that Convention Hall was
with all its glass, windows, and walls and how we had to keep people there anyway.
I am glad to see that it is going to be improved. Your stage-only gage, the purposes I
recall was to try to give early warning to flooding down below by the trail. Can you
just explain "stage-only?"
Mr. Ushio: So the United States Geological Survey
(USGS) has different types of stream gages. There is one that records both the level
of the stream and the volume of water flowing. The one that we are proposing for
Hanakapi`ai would actually not do the amount of water, but the level or stage-only.
We are told that should be sufficient to provide an early warning of downstream flood
conditions. So an example of where stage-level is used to determine flood conditions
is, the most common one would be Hanalei. We know that if it reaches a certain
threshold upstream, then within an hour or hour-and-a-half or so at the highway,
COUNCIL MEETING 25 JUNE 14, 2017
below, or near the bridge, we will have water, very likely on the roadway. So what
we intend to do with this project is over time develop and identify a threshold
upstream that would result in flood conditions downstream. As even more data is
gathered, weather service will be able to better predict what kind of weather patterns
contribute to those conditions.
Councilmember Yukimura: So the one in Hanalei is a stage-only?
Mr. Ushio: Hanalei does both stage and volume. But
Hanakapi`ai, just in consultation with USGS, they were advising us that either is
possible, but most likely the stage should be adequate.
Councilmember Yukimura: The difference in cost between stage and
volume is considerable, I would guess?
Mr. Ushio: There is a difference. I do not recall off the
top of my head, but it was a several thousand dollar difference between the two (2).
Councilmember Yukimura: Depending on whether data is needed of the
other one and if it is only a few thousand dollars, then it might be wise to put both in.
But the USGS would know how valuable volume data is needed.
Mr. Ushio: They are still doing a site survey
reconnaissance. Depending on the satellite telemetry, if it is adequate, and then the
composition of the stream bed, they may require the other type. But I think initially
they were looking at the stage gage as being our preferred model to go with.
Councilmember Yukimura: Okay. Can you tell us just a little bit about
how a building is hardened?
Mr. Ushio: For hardening, I would beg to defer to some of
the partners we are working with. We have Doug Haigh, from the Department of
Public Works and Lenny Rapozo. I think Doug would be better prepared to answer
and he should be here to support us.
Councilmember Yukimura: I saw him walk in.
DOUG HAIGH, Chief of Buildings: Doug Haigh, Department of Public
Works, Building Division. We are partnering with the Kaua`i Emergency
Management Agency on this project. We are excited that we are able to look at
getting this grant in conjunction with the Department of Parks & Recreation project
of reroofing Kalaheo Gym. We are also partnering with the Department of Parks &
Recreation where the Building Division is serving parks on the Capital Improvement
Project. Hardening—there is in the State Building Code and in our County Code,
COUNCIL MEETING 26 JUNE 14, 2017
there is a section in the code, it is a special appendix that we have added, an
amendment that identifies what needs to be done for sheltering structures and what
degree of protection is required. Primarily, we are looking at being able to withstand
high wind, hurricane conditions. So the code tells you what the minimum wind speed
that the structure needs to be designed for. Therefore, when we go into a reroofing
project, there is an opportunity to meet those wind speeds without hopefully too much
structural modification. Kalaheo Gym is a concrete masonry unit wall structure with
kind of a pre-engineered metal/steel framing system and metal roof. So we actually
had engineers on-island on Monday analyzing the building and the steel structure
and they are going to help us determine if there is any additional reinforcing to the
steel structure to meet the high-wind requirement. That is as basic as getting your
roof and making sure that the roof stays on and making sure that your walls do not
blow in. Fortunately, like I said, it is a concrete masonry unit structure, so it has
good walls. Then we look at any doors and windows and what it would take to ensure
that it would be able to hold up to hurricane forces.
Councilmember Yukimura: Okay. So the Convention Hall's roof is
already due under a separate budget for repair, I think, from the budget? No?
Mr. Haigh: That would be managed by the Department of
Parks & Recreation. I am not aware of all of their budget items.
Councilmember Yukimura: But if you are looking at the roof, that is for
hardening, is there not an interface between the two (2) projects?
Mr. Haigh: I am focusing on the Kalaheo Gym project;
that is what we are servicing. The Kaua`i War Memorial Convention Hall is being
managed by the Department of Parks & Recreation, but I happened to be involved in
a meeting last week Tuesday, State Hazard Mitigation Forum, and we were there
with the Hawai`i Emergency Management Agency (HEMA) talking specifically about
this grant and we included and acknowledged that we need to include in the Kaua`i
War Memorial Convention Hall glass hardening project, also a structural review of
the existing roof structure.
Councilmember Yukimura: Okay.
Mr. Haigh: Now, the type of roofing systems we have at
the Kaua`i War Memorial Convention Hall is mostly a sprayed on foam-type, so that
is typically quite good, as far as resistance to uplift and problems with high wind. We
will have to get a structural engineer to also review the basic framing and whatnot of
the building.
Councilmember Yukimura: Well, and the dome itself, right?
COUNCIL MEETING 27 JUNE 14, 2017
Mr. Haigh: That is part of the structural frame.
Councilmember Yukimura: Okay. Thank you very much.
Mr. Haigh: You are welcome.
Council Vice Chair Kagawa: Any further questions? Seeing none, thank
you. Anybody from the public wishing to speak on this? Further discussion,
Members?
There being no objections, the meeting was called back to order, and proceeded
as follows:
The motion to approve C 2017-139 was then put, and carried by a vote of 4:0:3
(Councilmember Chock, Councilmember Kawakami, and Council Chair
Rapozo were excused).
Council Vice Chair Kagawa: Next item, please.
C 2017-140 Communication (05/26/2017) from the Emergency Management
Administrator, requesting Council approval to accept a donation of a 35 kilowatt (kW)
generator and transfer switch from the American Red Cross, valued at an estimated
$25,000.00, for emergency management/response use: Councilmember Kaneshiro
moved to approve C 2017-140 with a thank-you letter to follow, seconded by
Councilmember Brun.
Council Vice Chair Kagawa: I just wanted to get a little information as far
as the donation. It is a no-brainer for me, but I just wanted to get some information.
Is this a new generator or a used one?
There being no objections, the rules were suspended.
Mr. Ushio: Elton Ushio, Emergency Management
Administrator.
PATRICK GALLAGHER, American Red Cross Director: Patrick Gallagher,
American Red Cross Director. It is not a new generator. I do not have the amount of
hours it was used before we got it, but it was used as a backup for servers on O`ahu.
Council Vice Chair Kagawa: So it came from O`ahu?
Mr. Gallagher: It did. It has a housing and automatic
transfer switch, so that means when power goes out, it automatically comes on. You
do not have to go out and manually switch it on.
COUNCIL MEETING 28 JUNE 14, 2017
Council Vice Chair Kagawa: Elton, can we use it?
Mr. Ushio: We can most definitely use it. We have our
Plans and Ops Officer working on an emergency power prioritization list, looking at
our various facilities, consolidating all of the prior assessments done by U.S. Army
Corps of Engineers, so we know the load requirements of each facility and we will
pick a good spot to use it.
Council Vice Chair Kagawa: Thank you. Councilmember Yukimura.
Councilmember Yukimura: As someone who was Mayor during Hurricane
I know the value of generators. We needed generators for our pumps, we
needed water pumps, generators for our hospital, and just all kinds of...we were not
prepared at that time, so thank you for the donation. Thank you Emergency
Management Agency for the prioritization plan, because that is really important in
finding a good place for it.
Council Vice Chair Kagawa: Further questions? Seeing none, anyone from
the public wishing to speak on this? Go ahead, Alice.
ALICE PARKER: Alice Parker, for the record. Yes, we can
always use generators and the price is right and management knows what they are
doing and may we not have to go through something like Hurricane Iniki again.
Thank you.
Council Vice Chair Kagawa: Further discussion?
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
The motion to approve C 2017-140 was then put, and carried by a vote of 4:0:3
(Councilmember Chock, Councilmember Kawakami, and Council Chair
Rapozo were excused).
Council Vice Chair Kagawa: Next item.
C 2017-141 Communication (06/02/2017) from the Prosecuting Attorney,
requesting Council approval to receive and expend Federal funds, in the amount of
$130,100.00, from the Edward J. Byrne Memorial Justice Assistance Grant (JAG) —
Drug Nuisance Abatement Unit (DNAU) Fiscal Year 2016 application, to be used
towards funding one (1) Full-Time Equivalent (FTE) Special Investigator and one (1)
Full-Time Equivalent (FTE) Legal Clerk I to investigate and process Drug Nuisance
Abatement cases in our community, purchase office supplies, two (2) computers,
COUNCIL MEETING 29 JUNE 14, 2017
two (2) desks, two (2) chairs, and two (2) licenses for the Justware Software program.
The grant period will commence immediately after the current contract expires
(currently set to expire on March 31, 2018) for a minimum period of one year:
Councilmember Kaneshiro moved to approve C 2017-141, seconded by
Councilmember Brun.
Council Vice Chair Kagawa: Members, any questions for Justin?
Councilmember Kaneshiro. The rules are suspended.
There being no objections, the rules were suspended.
Councilmember Kaneshiro: Hi Justin. I just had two (2) real quick
questions. If this is approved and we get bodies, they are going to be housed in your
office?
JUSTIN F. KOLLAR, Prosecuting Attorney: Yes. Good morning, for the
record, Justin Kollar, Prosecuting Attorney. This is actually a continuation grant, so
we are currently in year one of the grant. Because of the timelines, we just got the
funding and just brought the investigator on a few weeks ago. We are still in
recruitment for the clerk. The reason the clerk has not been brought onboard yet is
because of the availability of desk space in our office. Originally, it looked like we
were going to be able to house the unit in space at the Kaua`i Police Department
(KPD), but then the day we had our investigator show up for work, we were told there
is no space over there. So we are currently housing the investigator in an office for
an employee who is on maternity leave. Space is the issue, but we will put them
somewhere in our office.
Councilmember Kaneshiro: It is a continuing grant, so this is not the first
year.
Mr. Kollar: Correct, we are not adding bodies.
Councilmember Kaneshiro: My original question was going to be if we are
not able to get this grant, then that position just goes away?
Mr. Kollar: Yes, there would be no funding for the
positions.
Councilmember Kaneshiro: Okay. Thank you.
Council Vice Chair Kagawa: Further questions? Seeing none, thank you,
Justin.
COUNCIL MEETING 30 JUNE 14, 2017
There being no objections, the meeting was called back to order, and proceeded
as follows:
Ms. Fountain-Tanigawa: Vice Chair, if you could note, the Office of the
Prosecuting Attorney sent over a revised "Exhibit A," which has been circulated.
Council Vice Chair Kagawa: Can we have a motion to amend as circulated?
Councilmember Kaneshiro moved to amend C 2017-141 as circulated, and as
shown in the Floor Amendment, which is attached hereto as Attachment 1,
seconded by Councilmember Brun.
Councilmember Yukimura: So the main motion that was made to receive
this report was pending. So what the motion just now?
Council Vice Chair Kagawa: We approved the original and we are
amending it because there are some minor changes.
Councilmember Yukimura: Did we vote on the motion to approve?
Council Vice Chair Kagawa: No, we did not vote on the main motion yet.
Let us vote on the amendment.
The motion to amend C 2017-141 as circulated, and as shown in the Floor
Amendment, which is attached hereto as Attachment 1 was then put, and
carried by a vote of 4:0:3 (Councilmember Chock, Councilmember Kawakami,
and Council Chair Rapozo were excused).
Council Vice Chair Kagawa: We are back to the main motion. Any further
discussion, Members?
The motion to approve C 2017-141, as amended, was then put, and carried by
a vote of 4:0:3 (Councilmember Chock, Councilmember Kawakami, and Council
Chair Rapozo were excused).
Council Vice Chair Kagawa: Next item.
C 2017-142 Communication (06/02/2017) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend Federal funds in the
amount of$156,285.00, and approval to indemnify the State of Hawai`i, Department
of the Attorney General, for the Sex Assault Prosecution Unit, for the period of
January 1, 2017 through December 31, 2017, to create a Sex Assault Prosecution
Unit, which will consist of a 0.90 Full Time Equivalent (FTE) Special Prosecuting
Attorney, a 1.00 FTE Legal Clerk, fringe benefits, and an increase in the contract
COUNCIL MEETING 31 JUNE 14, 2017
with the YWCA Sexual Assault Treatment Program: Councilmember Kaneshiro
moved to approve C 2017-142, seconded by Councilmember Brun.
Council Vice Chair Kagawa: This is the same as the previous item, we have
a minor change, so can we have a motion to amend as circulated?
Councilmember Kaneshiro moved to C 2017-142 as circulated, and as shown
in the Floor Amendment, which is attached hereto as Attachment 2, seconded
by Councilmember Brun.
Council Vice Chair Kagawa: Let us vote on the amendment.
The motion to amend C 2017-142 as circulated, and as shown in the Floor
Amendment, which is attached hereto as Attachment 2 was then put, and
carried by a vote of 4:0:3 (Councilmember Chock, Councilmember Kawakami,
and Council Chair Rapozo were excused).
Council Vice Chair Kagawa: Okay, motion carried. Back to the main
motion. Any questions on this? Councilmember Yukimura.
Councilmember Yukimura: I think this is the amended one, that in your
description of the project, you mention a pretty rapid increase in caseload from 2008,
where there were thirty-five (35) cases to 2012 where there were two hundred
forty-seven (247) cases. I wondered, number one, what is causing such an increase,
and two, what are the figures for the subsequent years of 2013, 2014, and 2015?
There being no objections, the rules were suspended.
Mr. Kollar: We are look at a draft right now, so we are in
the process of putting together the finalized grant application that is due on the 26th.
We are currently culling those statistics and we will be incorporating them into the
final draft and would be happy to provide you with a copy of that at the time that it
is done. As to the increase between 2008 and 2012, I can only suggest that law
enforcement at that time was doing a better job at getting people to come forward and
report the offenses and doing a more thorough job at investigating and submitting
the cases for prosecution during that era, which I anticipate the increases for
subsequent years would not be as dramatic as the increase from 2008 to 2012, but I
submit that the final numbers will show that it is relatively stable, with perhaps a
slight increase. We are still in the process of finalizing all of those numbers, which
is why you are looking at a draft there.
Councilmember Yukimura: Okay. I would like to get that information.
There is always this issue about more being reported versus actual incidences
COUNCIL MEETING 32 JUNE 14, 2017
increasing and I do not know how you would make the distinction, but if it is, in fact,
more incidences increasing, then that is of concern.
Mr. Kollar: Correct. The other complicating factor with
sex assaults, as you know, is the delayed reporting issue. So we may have incidents
reported in 2015 that actually took place in 2008, 2003, or 1998. So it is hard to
correlate the number of reports in a year with the actual prevalence of the situation
in the community. So in figuring out exactly where those trends line up, it is a
combination of looking at the hard numbers, and then looking at the years where the
incidences were actually alleged to have occurred and then our conversations with
our victims and family members involved in the cases to assess if this is a recent issue
or is this something that happened a long time ago? Are these things happening more
often or is this just a factor of the other factors that play?
Councilmember Yukimura: Do you do that kind of analysis?
Mr. Kollar: Absolutely.
Councilmember Yukimura: Okay. Where you actually track when the
incidences happen, so therefore whether sexual assault incidences are increasing?
Mr. Kollar: I cannot sit here today and tell you whether
or not the incidences themselves are increasing in the community. I can tell you that
the system is doing a better job at picking up the cases and responding to the cases.
It feels like it is a situation where people feel like they can come out of the shadows
more than they used to in the past.
Councilmember Yukimura: Which would mean there is better reporting.
Mr. Kollar: Right, but that does not tell us whether or not
it is actually happening more or happening less. Those are long-term trends that
really require very detailed digging down into information from the past that may
not be available and may not be accurate.
Councilmember Yukimura: Yes, but if you started tracking them from
now, then you have them without...the question is whether you are interested in that
data to track them and whether you think it would be worthwhile.
Mr. Kollar: Absolutely worthwhile, yes.
Councilmember Yukimura: Are you going to start tracking that or are you
already tracking that?
Mr. Kollar: We track that information.
COUNCIL MEETING 33 JUNE 14, 2017
Councilmember Yukimura: Okay. So from the time you started tracking,
can you make that information available?
Mr. Kollar: Sure.
Councilmember Yukimura: Great. Thank you.
Council Vice Chair Kagawa: Further questions? Seeing none, thank you,
Justin. Anybody from the public wishing to speak on this?
Ms. Parker: Alice Parker, for the record. Our County
needs a sex assault prosecution unit, especially because there is an underlying
cultural tacit acceptance of violence against women, to with lyrics of two (2) Pidgin
English songs (inaudible), whose words include, "Papa come home, give mama black
eye," to which I refuse to sing in senior center outreach, and instead shout out, "Papa
give mama a stink eye." Secondly, the lyrics to Maui, Hawaiian Superman, include,
"Maui's (inaudible)"...I do not know how to spell it... squeeze throat until she
screams." Also, I have become tightly close-lipped and refused to sing these
condoning of abuse words. This attitude of acceptance of sexual abuse primarily
against women as they appear to be deemed "lower class citizens" of our community.
I will share with you that I have been raped more than three (3) times. I did get
protective orders from the police, but it really shakes one's confidence in other people.
Thank you. We need the unit.
Council Vice Chair Kagawa: Anybody else from the public wishing to speak
on this?
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
The motion to approve C 2017-142 as circulated, and as shown in the Floor
Amendment, which is attached hereto as Attachment 2 was then put, and
carried by a vote of 4:0:3 (Councilmember Chock, Councilmember Kawakami,
and Council Chair Rapozo were excused).
Council Vice Chair Kagawa: Let us skip C 2017-143 until Councilmember
Kawakami arrives.
There being no objections, C 2017-144 was taken out of order.
Ms. Fountain-Tanigawa: Yes, we are on C 2017-144.
COUNCIL MEETING 34 JUNE 14, 2017
C 2017-144 Communication (05/17/2017) from the Acting County Engineer,
recommending Council approval of a Right-of-Entry Agreement between the County
of Kaua`i and PRW Princeville Development Company, LLC, to allow the County of
Kaua`i to access lands owned by PRW Princeville Development Company, LLC, for
staging equipment and separating various refuse items at the Hanalei Refuse
Transfer Station and continue daily operations in servicing the public.
• Right-of-Entry Agreement
Councilmember Yukimura moved to approve C 2017-144, seconded by
Councilmember Kaneshiro.
Council Vice Chair Kagawa: Any questions for Keith? If not, you are good.
Any one from the public wishing to speak on this?
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 Vice Chair Kagawa: I would just like to thank Keith for taking
charge of the Solid Waste Division. I am sure that he is doing all that he can to
improve our efficiencies. The refuse station in Hanalei is heavily used and is an
invaluable asset. If we did not have that working good, we would have rubbish all
over the place. Let us keep it running. Councilmember Yukimura.
Councilmember Yukimura: I do want to say that I am voting for this,
assuming that this is really going to help the operations of the refuse station and I
just know that because I trust Keith and his management and I, too, appreciate the
fact that there is increased attentions being paid to the operations.
Council Vice Chair Kagawa: Thank you. For me, can you imagine if we
only had Kapa'a to service the north shore? You would see a lot of trash elsewhere.
Thank you for that.
The motion to approve C 2017-144 was then put, and carried by a vote of 4:0:3
(Councilmember Chock, Councilmember Kawakami, and Council Chair
Rapozo were excused).
Council Vice Chair Kagawa: Let us take a ten-minute caption break at this
time.
There being no objections, the meeting recessed at 10:22 a.m.
COUNCIL MEETING 35 JUNE 14, 2017
The meeting reconvened at 10:35 a.m., and proceeded as follows:
(Councilmember Kawakami was noted as present.)
Council Vice Chair Kagawa: Can we go to Claims?
CLAIM:
C 2017-146 Communication (06/01/2017) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by N.F. Kawakami Store, for
property damage, pursuant to Section 23.06, Charter of the County of Kaua`i.
Council Vice Chair Kagawa: Let us go to the next one, Committee Reports,
please.
Ms. Fountain-Tanigawa: On page 5, Committee Reports.
COMMITTEE REPORTS:
PUBLIC WORKS / PARKS & RECREATION COMMITTEE:
A report (No. CR-PWPR 2017-14) submitted by the Public Works / Parks &
Recreation Committee, recommending that the following be Received for the Record:
"PWPR 2017-12 Communication (05/01/2017) from the Acting County
Engineer, requesting agenda time to have Cascadia Consulting Group provide
a briefing on the Waste Characterization Study,"
Councilmember Kaneshiro moved for approval of the report, seconded by
Councilmember Yukimura.
Council Vice Chair Kagawa: Is there any discussion? Is there any public
testimony?
Ms. Fountain-Tanigawa: We have one (1) registered speaker, Ana
Mohamad Des Marais.
There being no objections, the rules were suspended to take public testimony.
Council Vice Chair Kagawa: Thank you.
ANA MOHAMAD DESMARAIS: Aloha Council. I just wanted to say
that this morning while watching the webcast, I was crying tears of happiness and
hope. That is the answer moving forward. Thank you so much. Kudos to all of you
COUNCIL MEETING 36 JUNE 14, 2017
and the Administration and Kaina for all of the work. Just to say that the
stewardship of the land is so important, I feel a solution for the homeless issue also,
to offer that community stewardship, growing their own food, making their own lives,
and belonging to a community. Thank you for taking the initiative to be so
professional on asking Cascadia to come in and to really dive into the way we can
move forward. I feel the community has really good ideas on that and it really starts
at home. It shows that the community cares about the issues and we will do whatever
we need to at home, where it is the smaller way, instead of the transfer stations
having to sort through things. We can do a better job in our own homes. The only
control is that we do not have the ability to reach out to the visitors and the resorts
and all of that that also provide a lot of the trash that goes to the landfill. So a
suggestion is that when the plane lands and there is a movement, you have to stay
buckled in your seats and you cannot get out of our seats yet, so on the way to pull
into the...do you know what I am talking about? The screen can pop up and say,
"Hello everybody. Aloha. Welcome to the beautiful, sacred island of Kaua`i. Please
mind your trash while you are visiting. Anything you bring with you to the beach,
mountain, rivers, or ocean should also leave with you. We are a small island and only
desired to have one (1) landfill. So please be conscious to reduce, reuse, and recycle.
Also, please donate any extra food or goods that you may have upon your departure
to the nearest shelter. Many of you have been provided opportunity to prosperity
that are not equal to the opportunities offered here, so please help if you can. Lastly,
understand that Mother Nature is a powerful force, always to be respected. Your
safety is important to us. Play close attention to any posting on trails and tides of
the ocean. We hope the island embraces you and you are able to bring her with you
in your hearts to wherever you call `home.' Mahalo."
Council Vice Chair Kagawa: Thank you, Ana. Any further discussion,
Members?
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
The motion for approval of the report was then put, and carried by a vote of
5:0:2 (Councilmember Chock and Council Chair Rapozo were excused).
Council Vice Chair Kagawa: Next item, please.
A report (No. CR-PWPR 2017-15) submitted by the Public Works / Parks &
Recreation Committee, recommending that the following be Received for the Record:
"PWPR 2017-13 Communication (05/17/2017) from Council Chair
Rapozo, requesting the presence of the Director of Parks & Recreation and the
County Attorney, to provide a briefing on the Habitat Conservation Plan for
the County of Kaua`i,"
COUNCIL MEETING 37 JUNE 14, 2017
Councilmember Kaneshiro moved for approval of the report, seconded by
Councilmember Yukimura.
Council Vice Chair Kagawa: 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 carried by a vote of
5:0:2 (Councilmember Chock and Council Chair Rapozo were excused).
Council Vice Chair Kagawa: Can we go to C 2017-143, please?
Councilmember Kaneshiro is recused, for the record.
(Councilmember Kaneshiro was noted as recused from C 2017-143.)
There being no objections, C 2017-143 was taken out of order.
C 2017-143 Communication (05/11/2017) from the Life's Choices Kaua`i
Coordinator, recommending Council approval of a Water System Use Agreement
between Grove Farm Company, Inc., and the County of Kaua`i, for the Adolescent
Treatment and Healing Center.
• Water System Use Agreement
Councilmember Kawakami moved to approve C 2017-143, seconded by
Councilmember Kaneshiro.
Council Vice Chair Kagawa: Any questions? Seeing none, any registered
speakers?
Ms. Fountain-Tanigawa: We have one (1) registered speaker, Ana
Mohamad DesMarais.
There being no objections, the rules were suspended.
Ms. DesMarais: I think this is fantastic to bring the solution
to the island; that would be effective and efficient. As far as the Adolescent
Treatment and Healing Center goes, I feel the word "adolescent" does not really need
to be there. There are other solutions that are more practical and can really hit home
COUNCIL MEETING 38 JUNE 14, 2017
to solve the issues that are being passed down from generations. I feel people are
being taught this behavior, just like they can be taught the right way through
athletics and arts on how to provide a beautiful path for their future, and the island
is really doing a lot of work to enable that to happen. So we can place emphasis on
that for the children, but there is a point that is the point of no return, where the
homeless are taking over the pavilions and practicing these awful drug uses. So
maybe it can be a healing center for where there is no more help that can be given in
a practical sense and at home. I feel the veterans should also participate with this,
in having there be a community and a place for them to receive this treatment from
the trauma they have experienced that leads to these drug uses. So maybe there can
be some sort of language on that and not targeting an adolescent group. I do not feel
it is as severe as a problem we are experiencing already in adulthood. I, for one, am
a product of being very busy as a child, going after school to the ministry and going
to the dance studio for hours and rehearing, and then going to the dojo. Martial arts
is a beautiful process also. Athletics is amazing. That is what I want for my children.
I want to help with however I can offer that to the island. I know that there are so
much already with people stepping up and I want to participate in that stepping up.
It just takes a while to acclimate and understand how we can be useful here on the
island when you are not born here. I am learning. I would like that to be a
conversation, instead of targeting the adolescent group.
Council Vice Chair Kagawa: Thank you. Any questions? Councilmember
Brun.
Councilmember Brun: The reason why it is "adolescent," is because
you cannot have adults and adolescents at the same facility. It is more of working
with the adolescents.
Ms. DesMarais: So can the facility be more targeted to the
adults, and then we can use other options to reach the adolescents that are seeming
to be more practical and affective? Is that a possibility for a conversation at this time?
Councilmember Brun: We need a lot of help. We are not going to
solve it at one (1) center. We have a lot of issues.
Ms. DesMarais: So we are still open to the best way for it to be
effective?
Councilmember Brun: Eventually.
Ms. DesMarais: Okay.
Council Vice Chair Kagawa: Thank you. Any discussion, Members?
Councilmember Yukimura.
COUNCIL MEETING 39 JUNE 14, 2017
There being no further testimony, the meeting was called back to order, and
proceeded as follows:
Councilmember Yukimura: As everyone knows, I do not support the
expenditure of six million dollars ($6,000,000) in capital funds and one million three
hundred thousand dollars ($1,300,000) a year in operating costs to support this
Adolescent Treatment and Healing Center, which will house eight (8) to ten (10)
young people a year and is not considered a best practice. Even though it is not a
best practice, it is still available to Kaua`i kids on O`ahu and we could use the money
instead the provide the continuum of care when the kids come out of residential
treatment and use money for other treatment and prevention and uses and reach a
lot more kids. However, because of the absence of Councilmembers and the fact that
we need four (4) votes to pass this issue, and I know that it is the majority's will, I
am not going to use this ancillary issue to stop it, so I will be voting for this approval
of a Water System Use Agreement. I just want to clarify that my stand for the reasons
stated is not in support, but out of respect for the majority and the lack of votes on
this Council, I will be voting "yes" on this issue.
Council Vice Chair Kagawa: Further discussion? Councilmember
Kawakami.
Councilmember Kawakami: I would like to thank Councilmember
Yukimura for looking at the big-picture. I tell you that this is a great example of a
public-private partnership, where we have a private entity and the public, and
private care services coming together to help come together and cure one of our
problems. So I will be supporting this and I am very thankful. Thank you.
Council Vice Chair Kagawa: Councilmember Brun.
Councilmember Brun: I also want to thank you very much,
Councilmember Yukimura, for doing what the majority wants. I know it takes a lot.
I will also be supporting this. We need this. Let us move forward. Thank you.
Council Vice Chair Kagawa: Thank you. I want to thank Councilmember
Yukimura as well and I will be supporting this also. I just read through this
application provided by Justin earlier and it just stood out that he said, "In
March 8, 2016, KPD made arrests using seven (7) pounds worth one million six
hundred thousand dollars ($1,600,000) of crystal meth from a house in a residential
area in Hanamd'ulu," near the area of the treatment center. Then from January to
May, in just five (5) months, six thousand grams of crystal meth was seized by KPD,
in comparison to the whole year of 2015, only two thousand three hundred eighty-
four (2.384), which tells you that either the demand is growing or KPD is just ramping
COUNCIL MEETING 40 JUNE 14, 2017
up its efforts. Either way, a lot of it is out there and we certainly need to do something
and this is something. Thank you. Councilmember Yukimura.
Councilmember Yukimura: I think we all have the common goal of
helping our kids, both resist drugs and be cured, as Councilmember Kawakami said,
from drugs. The issue is what is the most effective way and the podcast I played
showed that at home treatment costs about thirty-eight thousand dollars ($38,000) a
year, whereas residential drug treatment costs about one hundred fifty thousand
dollars ($150,000) to two hundred thousand dollars ($200,000) a year, per child. The
success rate of at-home treatment is one hundred percent (100%) more than this
Adolescent Treatment and Healing Center. That is my concern in this matter and I
am sorry that we are not looking at the evidence or being open to the most recent
information about what is effective. I just want to state that for the record.
Council Vice Chair Kagawa: So noted.
The motion to approve C 2017-143 was then put, and carried by a vote of 4:0:2:1
(Councilmember Chock and Council Chair Rapozo were excused;
Councilmember Kaneshiro was recused).
Council Vice Chair Kagawa: Thank you. We can call Councilmember
Kaneshiro back in.
(Councilmember Kaneshiro was noted as present.)
Council Vice Chair Kagawa: Before we take the next item, I just want to
thank Councilmember Kaneshiro, because I did not do that and I apologize for that,
but I think this is the first time we had a University of Hawai`i at Manoa (UH Manoa)
football coach before any Council, as long as I was working here, and the years prior,
I do not recall June Jones or what have you being here, and for Councilmember
Kaneshiro to have done a certificate and to have Nick Rolovich out of his busy
schedule come here is just really impressive and I am very thankful. Thank you,
Councilmember Kaneshiro. Next item, please.
(Councilmember Kawakami was noted as excused.)
Ms. Fountain-Tanigawa: We are back to the claim, C 2017-146.
C 2017-146 Communication (06/01/2017) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by N.F. Kawakami Store, for
property damage, pursuant to Section 23.06, Charter of the County of Kaua`i:
Councilmember Kaneshiro moved to refer C 2017-146 to the Office of the County
Attorney for disposition and/or report back to the Council, seconded by
Councilmember Yukimura.
COUNCIL MEETING 41 JUNE 14, 2017
Council Vice Chair Kagawa: Any discussion? 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 2017-146 to the Office of the County Attorney for
disposition and/or report back to the Council was then put, and carried by a
vote of 4:0:3 (Councilmember Chock, Councilmember Kawakami, and Council
Chair Rapozo were excused).
Ms. Fountain-Tanigawa: We have one remaining item, Committee
Report on page 5.
COMMUNITY ASSISTANCE & VETERANS SERVICES COMMITTEE:
A report (No. CR-CAVS 2017-01) submitted by the Community Assistance &
Veterans Services Committee, recommending that the following be Received for the
Record:
"CAVS 2017-01 Communication (05/31/2017) from Council Chair
Rapozo, requesting the presence of the Director of Finance and the Housing
Director, to provide a briefing on the County's Long-Term Affordable Rental
Program as it relates to the 2018 Long-Term Affordable Rental Program rental
rates and the Housing and Urban Development (HUD) Program Rental Rates,"
Councilmember Kaneshiro moved for approval of the report, seconded by
Councilmember Yukimura.
Council Vice Chair Kagawa: 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 carried by a vote of
4:0:3 (Councilmember Chock, Councilmember Kawakami, and Council Chair
Rapozo were excused).
COUNCIL MEETING 42 JUNE 14, 2017
Council Vice Chair Kagawa: We have a public hearing at 1:30 p.m. We will
recess until that time. This adjourns the Council Meeting for today. Thank you.
ADJOURNMENT.
There being no further business, the Council Meeting adjourned at 10:50 a.m.
Respectfully submitted,
dirital
JADE fb UNTAIN-TANIGAWA
County Clerk
:cy
DRAFT ATTACHMENT 1
•
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
APPLICATION FOR FY 2016 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART I. TITLE PAGE
A. PROJECT TITLE: Drug Nuisance Abatement Unit-COK
B. APPLICANT AGENCY: County of Kauai,Office of the Prosecuting Attorney
SYSTEM FOR AWARD MANAGEMENT(SAM)
C. REGISTRATION: ® Yes ❑ No DUNS No. Pmen rE Q
D. APPLICATION RANKING WITHIN AGENCY: (as determined by agency head)
E. ADDRESS: 3990 Kaana Street,Suite 210 City Lihue X17 JuN 1 ttip,4 795156
PRIMARY PLACE OF
F. PERFORMANCE: City Kauai State HI Z1 +4 digits 96766-1268
G. PROJECT PERIOD: From April 1 2018 To March 31,2019 ;r< 0111 ! t
H. AUTHORIZED PROGRAM AREA: Prosecution and Court Programs
Reducing drug threats and drug related crimes and
I. PRIORITY AREA: Incorporating multi-agency collaboration
J. TYPE OF APPLICATION: New ❑ Continuation El
K. TOTAL PROJECT AMOUNT: $ 130,100
L. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of funding?Yes ❑ No ® If Les,then provide name of
source and the amount of funds that is being sought: Source Amount S
M. PROJECT DIRECTOR
Name: Justin F.Kollar Title: Prosecuting Attorney
Address: 3990 Kaana Street Suite 210,Lihue HI 96766
Telephone: 808-241-1888 Fax: 808-241-1758
E-Mail: jkollar@kauai.gov
N. FINANCIAL OFFICER
Name: Jamie Olivas Title: Grant Coordinator
Address: 3990 Kaana Street Suite 210,Lihue HI 96766
Telephone: 808-241-1756 Fax: 808-241-1758
E-Mail: jolivas(akauai.gov
FOR CPJAD USE
Date received: Project Number:
EXHIBIT A
AG/CPJAD#1 (Rev 05/15/2017)
Handout,2017-141
Amended Con f ract
DRAFT
APPLICATION FOR FY 2016 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART IL DESCRIPTION OF PROJECT
Note:This form does not provide spell check.
A. THE PROBLEM
In the County of Kauai,the use of illegal drugs, including crystal methamphetamine,
cocaine, marijuana, and heroin presents a major challenge for law enforcement officials.
The drug problem also has considerable impacts on neighborhoods in terms of property
crime and the nuisance associated with drug trafficking and the disruptions it causes to
the fabric of a community. Statistics from the Kauai Police Department(KPD) indicate
a large number of methamphetamine investigations resulting in arrests for possession
and/or distribution since 2010. On March 8, 2016 the KPD made arrests seizing seven
pounds (worth$1.6 million dollars)of crystal methamphetamine from a house in a
residential area in Hanama`ulu. This house was located in a neighborhood and was
repeatedly identified by community members as being a nuisance in their neighborhood.
With a recorded population of 72,029 in 2016, the County of Kauai is a close-knit
community. The greatest distance from the town of Kekaha to the town of Hanalei is just
57 miles, making any high volume of illegal activity apparent on all corners of the island
and affecting the community as a whole.
Just five months into 2016, the KPD has seen a 150% increase in crystal
methamphetamine in comparison to the entire year of 2015. KPD saw an estimated 22%
increase in the seizure of crystal methamphetamine from 2014 to 2015. There was a total
seizure of 102.5 grams of cocaine seized in 2014, 3.8 grams seized in 2015 and in just
five months of 2016 a total of 1006.7 grams have been collected. This increase is quite
alarming and shows that illegal drug activity is a problem for the island of Kauai.
2014 2015 2016 (Jan. to May)
Crystal Methamphetamine(g.) 1965.75 2384.82 6008.35
Cocaine (g.) 102.5 3.8 1006.7
Heroin (g.) 2.5 0.8 0.6
Marijuana (g.) 6261.83 794.93 1152.89
The KPD's Vice Section reports that they made 58 narcotic drug arrests in 2014, 46 drug
arrests in 2015, and from January to May of 2016, 54 drug arrests have already been
made. With the illegal drug activity, the Kaua`i community also experiences an increase
in crimes of family abuse, property damage, and theft. The Office of the Prosecuting
Attorney (OPA) estimates that illegal drug use is the driving force behind at least 80
percent of all crime on Kauai. These crimes involve not only possession and distribution
of illegal drugs,but also theft, robbery, burglary, embezzlement,forgery, murder,
AG/CPJAD#1 (Rev 05/12/2016)
DRAFT
ATTACHMENT 1
domestic violence, and other assaults.
The KPD Vice Unit reports that they receive through the CrimeStoppers hot line and on
their personal phone lines an average of 5-6 complaints per week regarding drug houses
in neighborhoods. It has been reported that local government officials receive complaints
from community members regarding drug houses in their neighborhoods,and community
members often share their thoughts that "the police aren't doing their job" because these
houses still exist and activity still occurs. Due to the lack of staffing with the KPD Vice
Unit,the workload and the time it takes to thoroughly investigate a drug house; additional
resources are needed to assist with the investigation; as prosecution activity cannot occur
until an arrest is made
In order for any nuisance abatement action to be conducted on a drug house,an
investigation needs to take place. This is a detailed process requiring many interviews,
reports, research and surveillance that can take anywhere from a few days to a few
months or longer. Time frames depend on each individual case, but once a complaint is
received, it is noted and an investigation takes place. A thorough investigation must be
completed before our Office can initiate a nuisance abatement action.
The nuisance abatement law, part V(sections 712-1270 through 712-1280) of chapter
712, Hawai'i Revised Statutes, authorizes the Attorney General, the Prosecuting Attorney
of the respective counties,or any citizen of the State to file a civil lawsuit to abate a
nuisance. Under the State of Hawai'i Department of the Attorney General's Criminal
Justice Division, a Drug Nuisance Abatement Unit continues its efforts in discouraging
illegal drug activity on properties throughout the state of Hawai'i which includes the
counties of Oahu,Maui,Kaua'i, and the Big Island. They are committed to working with
all law enforcement agencies and landlords to stop illegal drug activity.
The County of Kaua'i OPA seeks to enhance the efforts of the Attorney General's Drug
Nuisance Abatement Unit and create a unit focused entirely on the County of Kaua'i.
Having a unit focused on the County of Kaua'i will ensure that these illegal drug activities
and the resulting social consequences can be investigated and acted on in an expeditious
fashion with on- island staff and ensure that the communities.concern, safety and
protection is being preserved. Any type of criminal activity that occurs in a neighborhood
has a direct impact to the surrounding families. Until an arrest and a house is shut down,
criminal activity will continue and can bring other crimes into a neighborhood,such as
theft and burglary.
This unit will consist of one full time equivalent Special Investigator who will work in
parallel with the KPD's Vice Unit on complaints, follow up interviews and questions
with an eye towards assembling a related nuisance abatement case. The Special
Investigator will also conduct any further investigations needed by the Deputy Prosecutor
who handles these cases. A full time equivalent Legal Clerk I will assist the unit's Special
Investigator with fielding calls, preparing legal documents and filing the necessary paper
work to further the prosecution.
AC/CPJAD N1 (Rev 05/12/2016)
DRAFT
Continuing this specialized unit would be of great benefit to Kaua`i's community. KPD's
Vice Unit is short-staffed and these investigators are focused on their primary task of
reducing illegal drug activity. Many times they are not able to efficiently respond to
complaints or do follow up investigations due to the limited amount of time and shortage
of man power.
The Drug Nuisance Abatement Unit will work towards protecting and educating the
community through information sharing on how to effectively help address and build
community involvement in responding to illegal drug activity in their neighborhoods and
communities. The OPA will continue to work closely with the KPD's Vice Unit, State,
and Federal law enforcement agencies as well as the County of Kaua`i's Anti-Drug
Coordinator. Located in the same facility as the KPD, and directly across the street of the
5th Circuit Judiciary Building,the OPA has an established relationship with the law
enforcement agencies on Kaua`i. The Special Investigator will attend Drug Enforcement
Meetings as permitted to discuss and review issues on drug crimes that are currently
affecting our county. DNAU personnel will continue to attend community group meetings
and conduct community outreach as well.
B. GOALS AND OBJECTIVES
Goal:
To improve public safety in the County of Kaua`i through efficient and effective
investigations on all drug nuisance abatement complaints, assist in the prosecution of
these complaints and to raise community awareness on how to effectively report drug
nuisance in communities.
Objective:
1) The OPA will continue the Drug Nuisance Abatement Unit(DNAU).
2) The DNAU will initiate an investigation of all complaints within 30 days of
receipt within the project period.
3) The DNAU will respond to 100% of complainants during the project period
within 14 days of the receipt of a complaint.
C. PROJECT ACTIVITIES
1) To continue the Drug Nuisance Abatement Unit consisting of one full time
equivalent(FTE) Special Investigator(SI)and one full-time Legal Clerk I.
2) The DNAU will record all complaints received and schedule interview times
within 30 days of receipt.
AG/CPJAD#1 (Rev 05/12/2016)
ATTACHMENT 1
DRAFT
3) The DNAU will assist the Deputy Prosecuting Attorney who handles the drug
cases and keep track of all cases opened and closed during the grant period.
4) The DNAU will keep record of all complaints received and focus on reducing the
amount of complaints received.
5) The Special Investigator of the Unit will record and attend all Drug Enforcement
Meetings, meet a minimum of once a month with the Prosecuting Attorney, Deputy
Prosecuting Attorney handling drug cases, and KPD Vice Unit to discuss current
community substance abuse issues.
6) The DNAU will create and print out brochures and posters to place around the
community with information on how to assist in reporting drug houses in their
communities .
7) The DNAU will conduct public briefings and informational sessions in
communities on Kaua`i affected by drug houses and other nuisance activities covered by
HRS Section 712, Part V.
8) The DNAU will meet on a minimum monthly basis with the Prosecuting Attorney
and the KPD Vice Unit during the project period. The Anti-Drug Coordinator will also be
invited to the monthly meetings.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Prosecuting Attorney of the County of Kaua`i will manage this project and meet on a
scheduled monthly basis with the Special Investigator of the unit, and with the Deputy
Prosecuting Attorney assigned to handle Nuisance Abatement cases. The Grant
Coordinator will update the the unit regarding funds available,and will submit all fiscal
reports and progress reports to the Attorney General's CAPJD Office.
The office is organized in specified prosecution units. Designated attorney(s)handle
district court matters (traffic,petty misdemeanor, and misdemeanor), family court matters
(including juvenile, domestic violence) and circuit court matters (felony cases). The
office also receives and administers state and federal grants for victim/witness services,
domestic violence and sexual assault prosecution, career criminal prosecution and
juvenile court.
E. PERSONNEL
The DNAU will retain one 1.0 FTE Special Investigator and one 1.0 FTE Legal Clerk I
will be assigned to the unit.
AG/CPJAD f11 (Rev 05/12/2016)
DRAFT
F. BRIEF PERSONNEL BIOGRAPHIES
The Prosecuting Attorney, Justin F. Kollar of the County of Kaua`i will manage this
project. Mr. Kollar was elected as the Prosecuting Attorney in December 2012, and
previously served with the County of Kaua'i's County Attorney's office. This special unit
will function under the direct supervision of the Prosecuting Attorney.
Jamie Olivas is the OPA's Grant Coordinator and has been with the office since 2007.
She has successfully applied, received and managed grants from the State of Hawaii
Department of the Attorney General Crime Prevention Justice Division, Department of
Justice JAG, State of Hawaii Department of Transportation, and State of Hawaii Office
of Youth Services. Funds received have ranged from$10,000 up to $250,000.
On April 16, 2017 Special Investigator Cynthia Reider was assigned to the DNAU. For
two years she served as a Police Officer with the Kaua'i Police Department and prior to
that she was a Detective with the Gwinnett County Police Department for twelve years.
The Legal Clerk I will be responsible for maintaining court files, warrants received and
investigations and interviews conducted, and including but not limited to data entry in
OPA's Justware program,prepping and filing court documents, etc.
Both the Special Investigator, Legal Clerk I, the Prosecuting Attorney and the KPD will
be responsible for working on the drug nuisance abatement information brochures and
posters.
G. PARTICIPATING AGENCIES
In order for the Drug Prosecuting Unit to operate efficiently and effectively, a cooperative
team effort shall be established between the unit's staff and various agencies. Within the
county government system,the Special Investigator and the Legal Clerk I will work
closely with Deputy Prosecuting Attorney handling drug caes, the OPA's Victim/Witness
Program staff, and Kauai Police Department Vice/Narcotics personnel. If and when
necessary the unit will work with other agencies including the Judiciary, Office of the
Public Defender, and any business or communty members affected by the criminal
activity.
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
The OPA Grant Coordinator, with the assistance of the Special Investigator and the
assigned Legal Clerk I will document:
1) Date and time worked for the 1.00 FTE Special Investigator and Legal Clerk I.
Documentation will be kept through bi-monthly time and activity sheets.
AG/CPJAD#1 (Rev 05/12/2016)
ATTACHMENT 1
DRAFT
2) Number of complaints received and interviews scheduled within 30 days of
receipt of complaint.
3) Number of cases at the start of the project period and number of cases pending
and the end of the project period.
4) Date and number of meetings with Law Enforcement Agencies.
5) Date and number of attendees who attend the Drug Enforcement Committee
Meetings.
6) Date and type of office supplies purchased to support the DNAU.
PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM AND
SUSTAINABILITY PLAN
The DNAU will be able to assist in efficient prosecution as it focuses 100%of its energy
on the investigating drug crime affecting the County of Kaua`i. The DNAU will be able
to work alongside the KPD's Vice Unit and complete investigations efficiently and
thorougly. The SI will establish working relationships with the KPD's Vice/Narcotics
Unit and the Anti-Drug Coordinator who will work in collaboration to fight the drug
issues for the County of Kaua`i. The unit will be able to track drug trends and cases,thus
` focusing it's goals on reducing drug related crimes for the County of Kaua`i. It is the
intent of the OPA with the help of KPD to sustain this unit once grant funds are
expended, through funding from the County of Kaua'i.
AC/CPJAD#I (Rev 05/12/2016)
DRAFT
APPLICATION FOR FY 2016 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG)
PART IIL BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT AMOUNT
A.Salaries and Wages
No.of
Position Title Positions Monthly rate Subtotal
Special Investigator 1 $4954 $59448
Legal Clerk I 1 $2603 $31236
$ $
No. of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
$ $
Total Salaries and Wages $90684
B.Fringe Benefits Employee Benefits @42%
No.of
Position Title Positions Monthly Rate Subtotal
Special Investigator 1 $4954 $24968
Legal Clerk I 1 $2603 $13119
No.of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
Total Fringe Benefits $38082
C. Consultants/Contracts
Length of
Consultant/
Estimated Contract
Scope of Consultant/Contract _ Cost Service Select as Appropriate
$ ❑Consultant 0 Contract
$ ❑Consultant ❑Contract
Itemize for mainland/interisland No.of No.of
airfare,ground transportation, Travelers as Days
rental car,per diem Unit Cost applicable Subtotal
_ $ $
$ $
Total Consultants/Contracts $
AMOUNT
AG/CPJAD In (Rev 05/12/2016)
ATTACHMENT 1
DRAFT
• COST ELEMENT
D. Transportation and Subsistence
No.of
Itemize for mainland/interisland Travelers No.of
airfare,ground transportation,rental as Days
car,per diem Unit Cost applicable Subtotal
$ $
$ $
$ $
Total Transportation and Subsistence $
E. Office Supplies
Itemize supplies and related costs such Cost by Unit
as printing,paper,binders,etc. Quantity Subtotal
Paper, pens,folders,etc $ $
$ $
$ $
Total Office Supplies $1334
F. Equipment
Specify equipment that will be
purchased, leased,or rented. Quantity Cost by Unit Subtotal
$ $
$ $
$ $
Total Equipment $
G. Other Costs Quantity Cost by Unit Subtotal
$ $
$ $
$ $
Total Other Costs $
H. Indirect Costs Base Rate(%) Subtotal
$ $
$ $
$ $
$ $
Total Indirect Costs $
TOTAL PROJECT COSTS $130100
AG/CPJAD#1 (Rev 05/12/2016)
DRAFT
BUDGET EXPLANATION:
A. Salaries and Wages
The salary for a 1.0 FTE Special Investigator is $59,448 annually and the base salary for a
Legal Clerk I for a 1.0 FTE Legal Clerk is $31,236/year.
B. Fringe Benefits
The composite fringe benefit rate is at 42%for the Special Investigator and Legal Clerk I (list
positions). The rate consists of the following fringe benefit items and computed rates:
17.00% Employee's Retirement System
7.65%FICA (Social Security)
0.80%Unemployment Fund
3.18% Workers Compensation
8.57%Helath Fund
4.80% OPEB
C. Consultants/Contracts
There will be NO consultants or contracts for the Drug Nuisance Abatement Unit.
D. Transportation and Subsistence
There will be NO transportation and subsistence for the Drug Nuisance Abatement Unit.
E. Office Supplies
File folders,paper,pens,paper clips and other office supplies will be purchased to the
operation of the Drug Nuisance Abatement Unit.
F. Equipment
There will be NO equipment costs for the Drug Nuisance Abatemetn Unit.
G. Other Costs
There will be NO other costs for the Drug Nuisance Abatement Unit.
H. Indirect Costs
There will be NO indirect charges for the Drug Nuisance Abatement Unit.
AG/CPJAD#1 (Rev 05/12/2016)
ATTACHMENT 1
DRAFT
DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF 10% DE MINIMIS INDIRECT COST RATE
Any Grantee that proposes to use federal grant funds to pay for indirect costs but has
never received a federally negotiated indirect cost rate may elect to charge a de minimis
rate of 10%of its modified total direct costs(MTDC) which may be used indefinitely. (2
CFR § 200.414)In order to charge a de minimis rate of 10% of its MTDC, the Grantee
must submit this certification form to the Department of the Attorney General.
I certify that the (name of Grantee)meets the following eligibility criteria to use the 10%
de minimis indirect cost rate:
1. The Grantee has never received a Federally-negotiated indirect cost rate for any federal
awards.
2. The Grantee has received less than$35 million in direct federal funding for the
fiscal year requested.
In addition,the undersigned certifies on behalf of the Grantee that:
I. The de minimis rate of 10%will be applied to the Modified Total Direct Costs(MTDC)
which means all direct salaries and wages, applicable fringe benefits, materials and
supplies, services, travel, and up to the first$25,000 of each subaward(regardless of the
period of performance of the subawards under the award).
2. The MTDC will exclude equipment,capital expenditures,rental costs, and the portion of
each subaward in excess of$25,000. Other items will only be excluded when necessary to
avoid a serious inequity in the distribution of indirect costs, and with the approval of the
cognizant agency for indirect costs.
3. The project costs will be consistently charged as either indirect or direct and will not be
double charged or inconsistently charged as both.
4. The documentation to support the methodology(as set forth in 2 CFR Part 200.403) used
to determine the MTDC (as set forth in 2 CFR Part 200.68) will be provided as part of the
Grantee's budget.
5. The proper use and application of the de minimis rate is the responsibility of
(name of Grantee). The Department of the Attorney General may perform an audit
to ensure compliance with 2 CFR Part 200. If it is determined that the Grantee is
inconsistently charging costs, or is not in compliance with 2 CFR Part 200,the Grantee
may be required to return grant funds.
SUBMITTED BY:
Signature: Date:
Name: Title:
(Head of Grantee Agency or Designee)
AG/CPJAD#37 3/2016
DRAFT ATTACHMENT 2
CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION
DEPARTMENT OF THE ATTORNEY GENERAL
APPLICATION FOR FY 2016 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART I. TITLE PAGE
A. PROJECT TITLE: Sex Assault Prosecution Unit
B. APPLICANT AGENCY: The County of Kaua'i,Of ce Of the PrOSgiuting Att ey
SYSTEM FOR AWARD MANAGEMENT(SAM) •
C. REGISTRATION: ® Yes ❑ No -'DUN 1o. 11 8945
D. APPLICATION RANKING WITHIN AGENCY: ; (as dinermined br,ency head)
E. ADDRESS: 3990 Kaana Street,Suite 210 City Lihu..J L Zip 96766
PRIMARY PLACE OF {sl
F. PERFORMANCE: City Lihue State Hawai Zip+4 digits 96766-1268
G. PROJECT PERIOD: From January l 2018 To December 31,2018
H. AUTHORIZED PROGRAM AREA: Prosecution and Court Programs
Response to sex assault or elder abuse and
I. PRIORITY AREA: Incorporating multi-agency collaboration
J. TYPE OF APPLICATION: New ❑ Continuation
K. TOTAL PROJECT AMOUNT: $ 156,285
L. OTHER FUNDING SOURCES:
Is the proposed project seeking other sources of funding?Yes ❑ No ® If yes,then provide name of
source and the amount of funds that is being sought: Source Amount$
M. PROJECT DIRECTOR
Name: Justin F.Kollar Title: Prosecuting Attorney
Address: 3990 Kaana Street,Suite 210,Lihue HI 96766
Telephone: 808-241-1888 Fax: 808-241-1758
E-Mail: jkollar(a),kauai.gov
N. FINANCIAL OFFICER
Name: Jamie Olivas Title: Grant Coordinator
Address: 3990 Kaana Street,Suite 210,Lihue HI 96766
Telephone: 808-241-1756 Fax: 808-241-1758
E-Mail: jolivas @kauai.gov
FOR CPJAD USE
Date received: Project Number:
EXHIBIT A
AG/CPJAD#1 (Rev 05/15/2017)
Ucii& 0141-
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DRAFT
APPLICATION FOR FY 2016 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART II. DESCRIPTION OF PROJECT
Note:This form does not provide spell check.
A. THE PROBLEM
With a recorded estimated population of 72,029 in 2016,the County of Kaua`i is a small,
closely-knit community. The greatest driving distance between any two population
centers on the island is just 57 miles in driving distance- from the west side town of
Waimea to the north side of Hanalei-making sexual assault a difficult situation for
community members and visitors of our island.
The State of Hawai'i can also be referred to as the"melting pot"of the Pacific. Residents
of the County of Kaua'i represent a wide variety of ethnicities with thirty seven percent
being Asian(Asian Indian, Chinese, Filipino, Japanese, Korean, Vietnamese and/or one
or more races), thirty three percent being Caucasian, nine percent being native Hawaiian
and other Pacific Islander, and one percent being two or more races,and less than one
percent being African American or American Indian.
The OPA, the island's largest law firm, is responsible for prosecuting all cases arising
under state law and county ordinance within Kaua`i's geographical confines. This
includes cases such as speeding violations, use of hand held devices while driving, theft,
domestic abuse, criminal property damage, drugs, murder, etc. With a staff of 15
attorneys, and 14,000 police reports received a year; timeliness of case processing is a
constant concern.
With the unique demographics of the beautiful island of Kaua'i, it is always a priority as
well as a challenge to ensure that services are available for all residents and visitors who
have experienced a devastating act of violence—specifically sexual assault. Because a sex
assault can be a crime that is not often reported, there is not true accurate data indicating
the amount of sex assaults that occur or the amount of sex assaults that occur and are
reported(http://www.huffingtonpost.com/2014/12/15/sexual-assault-
statistics_n_6316802.html.) However,the reality is -that sexual assault occurs and the
County of Kaua'i would like to increase its efforts in having swift, efficient reporting,
exercise vertical prosecution, and ensure that services are available to victims who have
been assaulted.
On the island of Kauai, alone there has been an unfortunate and gradual increase in the
number of Sexual Assault in the First Degree cases received at the Office of the
Prosecuting Attorney (OPA). In 2008 there were thirty five cases received, forty two
cases received in 2009, one hundred nineteen cases received in 2010, ninety three cases
received in 2011, and two hundred forty seven cases received in 2012.
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Currently,when an incident such as sexual assault is committed, victims and/or witnesses
should make a report with the Kauai Police Department. Services offered are completed
through the YWCA, Kaua'i Sexual Assault Treatment Program. The YWCA Kaua'i, is a
non-profit organization that provides support services such as counseling, and financial
support to victims who have experienced sexual assault.
The SATP Hotline received four hundred forty one calls in 2012, five hundred fifty-five
calls in 2013, and four hundred forty three calls in 2014. The SATP served seventy-six
crisis clients in 2012, one hundred fifteen crisis clients in 2013, and one hundred eighteen
crisis clients in 2014. The SATP also provided counseling to one hundred seventy six
clients in 2012,one hundred forty clients in 2013 and one hundred clients in 2014. The
amount of counseling hours spent with clients of SATP are 1103.8 hours in 2012,
1275.12 in 2013,and 1007.62 in 2014.
With the amount of time spent the YWCA Kauai spends providing services and the
importance that the OPA has placed on those affected by sexual assault, it is a high
priority to increase the services that can be provided to the community of Kauai.
There have been cases where victims of sexual assault are homeless and without a means
of communicating. This makes follow up communication between the YWCA
Counselors, Kauai Police Department Detectives and/or the Victim Witness Counselors
and the victims difficult. Communication with the victims ensures that justice can be
pursued but more so,that the victim has a sense of security in being able to call for
assistance when needed. With the help of grant funds, five pre-paid cell phones will be
purchased and will allow victims the ability to make contact to law enforcement agencies
as well as to the YWCA hotline. Funds will also help with purchasing a maximum of
twenty pre-paid cell phones for on-duty officers to utilize should a sex assault occur. It
has been reported that the Kauai Police Department on-duty patrol officers have had to
use their personal phones to give access of services to victims of sexual assault. This has
resulted in these officers having their personal phones confiscated for evidence.
Once a sexual assault is reported to the Kauai Police Department (KPD) and all necessary
information is gathered from an incident,the report is submitted to the County of
Kaua'i's OPA. However,there may be some delays between the time an incident is
reported to the time a report is submitted to the OPA. This delay can be caused by a
number of reasons including needing more information,waiting on interviews with the
victim/witness/perpetrator, etc. and can take anywhere from one week to several months.
The OPA has achieved successful conviction rates in vertical prosecution with cases such
as drug, vehicle, domestic abuse, and career criminal crimes. The OPA believes that
establishing a sex assault prosecution unit will demonstrate best practices for those
affected by sex assaults.
Having a specific unit to focus 0.90 FTE of his/her time on sex assaults will help to
shorten the amount of time the OPA receives the case to the time it takes to bring the case
AG/CPJAD#1 (Rev 05/12/2016)
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to court and charge the perpetrator. Currently, the OPA practices vertical prosecution with
cases involving traffic, domestic violence, career criminal, and drug cases and has proven
to be the most effective and time limiting
Vertical prosecution permits a continuity of contact between the same Special
Prosecuting Attorney, Victim/Witness Counselor,Victims and witnesses throughout the
various stages of prosecution,which creates a good working relationship, and greatly
enhances the chances of successful prosecution in the criminal justice system.
With funds from the Edward Byrne Memorial Justice Assistance Grant, the Office of the
Prosecuting Attorney in collaboration with the Kauai Police Department and the YWCA
Kauai, would like to start a Sexual Assault Prosecution Unit that focuses on sexual
assaults on Kauai, and enhancing the services for the YWCA Kaua'i's Sexual Assault
• Treatment Program.
B. GOALS AND OBJECTIVES
GOALS: To improve public safety on the County of Kaua'i through efficient and effective
prosecution of those who commit crimes of sexual assault and increasing services to
those who are victims of sexual assault.
Objectives:
1) To screen and charge all sexual assault cases within 30 days of receipt.
2) To increase the knowledge and skills of the SPA through trainings on how to
effectively and efficiently prosecute sex assault cases.
3) 75% of all cases involving a sexual assault will result in a conviction.
4) Increase the amount of available resources and/or services available from the
YWCA.
C. PROJECT ACTIVITIES
1) Continue the Sexual Assault Prosecution Unit(SAPU) consisting of one 0.90 full
time equivalent(FTE) Deputy Prosecuting Attorney(DPA)that will employ all their time
to prosecuting sexual assaults.
2) OPA will follow County procurement policies and procedures to establish a
contract agreement between the YWCA, Kaua'i, the OPA, and KPD to expand the
current services offered by the YWCA Kaua'i Sexual Assault Treatment Program. Target
date for expansion of services for the YWCA Kaua'i is scheduled for January 1,2018.
Expanding the YWCA,Kaua'i Sexual Assault Treatment program providing more
services to those that are sexually assaulted through counseling,financing assistance,
housing assistance, therapy,etc. The part time therapist will be partially funded through
funds from this contact. OPA will monitor sub-grantee activities and expenditures
throughout the proejct period.
AG/CPJAD NI (Rev 05/12/2016)
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3) Attend a training that enhances the knowledge of sexual assaults for the SPA..
Once training has been identified, OPA will seek prior approval of seletcted training from
CPJAD before attending/expending funds.
•
4) Purchase office supplies such as paper,toner, folders,pens,paper clips, coloring
books, crayons, stickers, etc.
D. PROJECT ORGANIZATION AND MANAGEMENT
The Prosecuting Attorney of the County of Kaua`i will manage this project and meet on a
monthly basis or as needed with the Special Prosecuting Attorney of the Sexual Assault
Treatment Program. The Grant Coordinator will update the the unit regarding funds
available, and will submit all fiscal reports and progress reports to the Attorney General's
CAPJD Office.
The office is organized in specified prosecution units. Designated attorney(s)handle
district court matters(traffic,petty misdemeanor,and misdemeanor),family court matters
(including juvenile, domestic violence) and circuit court matters (felony cases). The
office also receives and administers state and federal grants for victim/witness services,
domestic violence and sexual assault prosecution, career criminal prosecution and
juvenile court.
E. PERSONNEL
The Office of the Prosecuting Attorney is the primary agency responsible for prosecuting
criminal violations of state laws and county ordinances that occur within the county of
Kaua`i. The office consists of forty-one persons including fourteen attorneys, one victim
witness director, three victim/witness counselors, one program support technician, one
program assistant, three special investigators, eleven legal clerks, two law office
assistants, one grant coordinator, one administrative officer, one process server,one
secretary, and one receptionist.
F. BRIEF PERSONNEL BIOGRAPHIES
The Prosecuting Attorney, Justin F. Kollar of the County of Kaua`i will manage this
project. Mr. Kollar was elected as the Prosecuting Attorney in December 2012, and
previously served with the County of Kaua'i's County Attorney's office. This special unit
will function under the direct supervision of the Prosecuting Attorney.
Jamie Olivas is the OPA's Grant Coordinator and has been with the office since 2007.
She has successfully applied, received and managed grants from the State of Hawai'i
Department of the Attorney General Crime Prevention Justice Division, Department of
Justice JAG, State of Hawai'i Department of Transportation, and State of Hawai'i Office
of Youth Services. Funds received have ranged from $10,000 up to $250,000.
AG/CPJAD#1 (Rev 05/12/2016)
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Keola Siu has been with the County of Kaua'i Office of the Prosecuting Attorney since
G. PARTICIPATING AGENCIES
The Kaua'i Police Department(KPD)utilizes two Detectives to investigate all sexual
assault crimes that are reported. Detective Darren Rose has been with KPD for fifteen
years and Detective Ray Takekawa has been with KPD for eighteen years. Both
Detectives are dedicated to servicing the community of Kaua'i and the majority of their
time is spent investigating sex assault crimes.
The YWCA,Kaua'i is a non-profit organization located on the island of Kaua'i and was
founded in 1921 by Elsie Wilcox. Renae Hamilton has been the Director for the YWCA
Kauai for the past twenty years. She is an advocate for woman's rights and has been a
critical leader in empowering woman on Kaua'i. Currently the Sexual Assault Treatment
Program has 2.75 Full Time Equivalent(FTE)sexual assault therapists,two FTE Sexual
Assault Counselors on staff and a limited availability of volunteer due to the sensitive and
confidential nature of sexual assault cases. This team provides services such as crisis
counseling, assistance with restraining orders, medical inquiries, case management, 24
hour access to assistance via phone, etc. Services provided by the YWCA Kaua'i is
available to victims as long as the victim chooses to continue to utilize their services.
The YWCA, Kaua'i currently services: a Shelter for victims of domestic violence,the
Alternatives to Violence Treatment, Sexual Assault Crisis and Counseling Treatment,
General Counseling Services,Adult and Juvenile Sex Offender Treatment, 24-hour
Domestic Violence and Sexual Assault hotlines, Prevention Education, Youth
Development Programs, Girlz Tech, Girlz Dayz Camp, and Camp Sloggett.
Services provided to victims and/or witnesses by the YWCA Kaua'i, Sexual Assault
Treatment Program(SATP) will continue through the various reporting agencies such as
the Kaua'i Police Department,the Department of Human Services,the Department of
Education, and the Fifth Judicial Circuit Probation Services.
H. PERFORMANCE INDICATORS/OUTCOME MEASURES
1) Number of sexual assault cases received by OPA during the reporting period.
2) Percentage or number of sexual assault cases received that were screened and
charged within 30 days of receipt.
3) Results of sexual assault cases (i.e.,number or percentage of cases that resulted in
conviction, etc.).
4) A contractExecuted between the YWCA, Kaua'i,the OPA, and KPD to will
expand the current services offered by the YWCA Kaua'i Sexual Assault Treatment
Program. Services will help fund to fund part of the therapist position . The amount of
victims that receive services Services that are provided will be recorded for the time
period of the grant.
5) Keep record of all office supplies purchased for the unit.
AG/CPJAD#1 (Rev 05/12/2016)
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The Edward Byrne Memorial Justice Assistance Grant(JAG)Performance Measures
The Edward Byrne Memorial Justice Assistance Grant(JAG)requires grantees to report
quarterly on specific Performance Measures for project activities. Refer to
https://www.bjaperformancetools.org/help/JAGMeasuresQuestionnaire.pdf,to locate the
performance measures to be reported on for Prosecution, Court, Defense, and Indigent
Defense Programs,this project's authorized purpose area.
PROBABILITY TO IMPROVE THE CRIMINAL JUSTICE SYSTEM AND
SUSTAINABILITY PLAN
1) Vertical prosecution permits a continuity of contact between the same Special
Prosecuting Attorney, Victim/Witness Counselor, Victims and witnesses throughout the
various stages of prosecution,which creates a good working relationship, and greatly
enhances the chances of successful prosecution in the criminal justice system.
2) A specialized unit provides the basis for focused and expedited preparation and
prosecution of sexual assault crimes.
3) Expediency in identifying,prosecuting, and sentencing those who commit crimes
of sex assault, provides reassurances to the community that the criminal justice system is
working towards their security and protection.
4) The court system will also benefit by swift prosecution of criminal cases handled
by an experienced well-trained Special Prosecuting Attorney.
AC/CPJAD#1 (Rev 05/12/2016)
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APPLICATION FOR FY 2016 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT(JAG)
PART III. BUDGET DETAIL AND EXPLANATION
BUDGET DETAIL:
COST ELEMENT AMOUNT
A.Salaries and Wages
No.of
Position Title Positions Monthly rate Subtotal
Deputy Prosecuting Atty(0.90 FTE) 1 $8217 $98604
1/1/2018 to 12/31/2018
$ $
$ $
No. of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
$ $
Total Salaries and Wages $98604
B. Fringe Benefits Employee Benefits @35.68%
No. of
Position Title Positions Monthly Rate Subtotal
Deputy Prosecuting Atty 1 $8217 $35181
$ $
No.of No.of
Position Title Positions Hourly Rate Hours Subtotal
$ $
$ $
Total Fringe Benefits $35181
C. Consultants/Contracts
Length of
Consultant/
Estimated Contract
Scope of Consultant/Contract Cost Service Select as Appropriate
YWCA Kaua'i SATP $21000 ❑Consultant ❑
Contract
$ ❑Consultant ❑
Contract
No. of No.of
Itemize for mainland/interisland airfare, Travelers as Days
ground transportation,rental car,per diem Unit Cost applicable Subtotal
•
$ $
$ $
$21000
AG/CPJAD#1 (Rev 05/12/2016)
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Total Consultants/Contracts
COST ELEMENT AMOUNT
D. Transportation and Subsistence
No.of
Travelers No.of
Itemize for mainland/interisland airfare,ground as Days
transportation,rental car,per diem Unit Cost applicable Subtotal
$ $
$ $
$ $
Total Transportation and Subsistence $
E. Office Supplies
Itemize supplies and related costs such as Cost by Unit
printing,paper,binders,etc. Quantity Subtotal
Paper,pens, folders, ink $ $
$ $
$ $
Total Office Supplies $1500
F. Equipment
Specify equipment that will be purchased,
leased,or rented. Quantity Cost by Unit Subtotal
$ $
$ $
$ $
Total Equipment $
G. Other Costs Quantity Cost by Unit Subtotal
$ $
$ $
$ $
Total Other Costs $
H. Indirect Costs Base _ Rate(%) Subtotal
$ $
$ $
$ $
$ $
Total Indirect Costs $
TOTAL PROJECT COSTS $156285
AG/CPJAD#1 (Rev 05/12/2016)
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BUDGET EXPLANATION:
A. Salaries and Wages
Salary for the 0.90 Full Time Equivalent(FTE) DPA is based at$109,560 per year for the
time period of 01/01/18 to 12/31/2018. The remaining 0.10 FTE will be covered by the
County of Kaua'i.
B. Fringe Benefits
The composite fringe benefit rate is at 35.68%for the Deputy Prosecuting Attorney(list
positions). The rate consists of the following fringe benefit items and computed rates:
17.00%Employee's Retirement System
7.65%FICA (Social Security)
0.80% Unemployment Fund
3.18%Workers Compensation
7.05% Health Fund
C. Consultants/Contracts
The current SATP contract with the YWCA, Kaua'i will be expanded to provide increased
needed services. Funds will also partially support the salary of two therapist positions and to
create informational pamphlets and brochures for Sexual Assault programs on Kauai.
D. Transportation and Subsistence
Not Applicable
E. Office Supplies
Office supplies such as paper,pens, folders, etc. will be purchased for the unit to use.
F. Equipment
Not Applicable
G. Other Costs
Not Applicable -
H. Indirect Costs
Not Applicable
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DEPARTMENT OF THE ATTORNEY GENERAL
Crime Prevention and Justice Assistance Division
CERTIFICATION OF 10% DE MINIMIS INDIRECT COST RATE
Any Grantee that proposes to use federal grant funds to pay for indirect costs but has
never received a federally negotiated indirect cost rate may elect to charge a de minimis
rate of 10%of its modified total direct costs (MTDC)which may be used indefinitely. (2
CFR § 200.414)In order to charge a de minimis rate of 10%of its MTDC,the Grantee
must submit this certification form to the Department of the Attorney General.
I certify that the County of Kaua'i Office of the Prosecuting Attorney(name of Grantee)meets
the following eligibility criteria to use the 10%de minimis indirect cost rate:
1. The Grantee has never received a Federally-negotiated indirect cost rate for any federal
awards.
2. The Grantee has received less than$35 million in direct federal funding for the
fiscal year requested.
In addition, the undersigned certifies on behalf of the Grantee that:
1. The de minimis rate of 10% will be applied to the Modified Total Direct Costs (MTDC)
which means all direct salaries and wages, applicable fringe benefits, materials and
supplies, services,travel, and up to the first$25,000 of each subaward (regardless of the
period of performance of the subawards under the award).
2. The MTDC will exclude equipment, capital expenditures, rental costs, and the portion of
each subaward in excess of$25,000. Other items will only be excluded when necessary to
avoid a serious inequity in the distribution of indirect costs, and with the approval of the
cognizant agency for indirect costs.
3. The project costs will be consistently charged as either indirect or direct and will not be
double charged or inconsistently charged as both.
4. The documentation to support the methodology(as set forth in 2 CFR Part 200.403)used
to determine the MTDC (as set forth in 2 CFR Part 200.68)will be provided as part of the
Grantee's budget.
5. The proper use and application of the de minimis rate is the responsibility of
The County of Kaua'i,Office of the Prosecuting Attorney(name of Grantee). The
Department of the Attorney General may perform an audit to ensure compliance with 2
CFR Part 200. If it is determined that the Grantee is inconsistently charging costs, or is
not in compliance with 2 CFR Part 200, the Grantee may be required to return grant
funds.
SUBMITTED BY:
Signature: Date:
Name: Justin F. Kollar Title: Prosecuting Attorney
AG/CPJAD#37 3/2016
DRAFT
(Head of Grantee Agency or Designee)
•
•
AG/CPJAD#37 3/2016