HomeMy WebLinkAbout12/16/2020 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, DECEMBER 16, 2020
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING - -, - `/�-
4396 RICE STREET, SUITE 201 '" "` ""
LIHU`E, KAUAI, HAWAII 96766
"20 DEC 10 MO 23
A. MEETING CALLED TO ORDER.
OFFICE OF
B. ROLL CALL. THE ;T U$TY CLERK
COUNTY OF KAUA1
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. November 18, 2020 Council-Elect Meeting
2. November 25, 2020 Council Meeting
3. December 1, 2020 Inaugural Meeting
E. INTERVIEW:
1. LIQUOR CONTROL COMMISSION:
• Leland K. Kahawai— Term ending 12/31/2022
F. CONSENT CALENDAR:
1. C 2021-02 Communication (10/28/2020) from Darcie Yukimura, Chair of the
Committee on the Status of Women, requesting that the Kaua`i
County Council join efforts that support gender equality principles
in COVID-19 recovery initiatives. (See Resolution
No. 2021-04)
2. C 2021-03 Communication (11/25/2020) from the Housing Director,
transmitting for Council consideration, a Resolution To Receive
And Expend A Special Allocation Of Grant Funds From The
Department Of Housing And Urban Development, United States
of America, Authorized By The Coronavirus Aid, Relief, And
Economic Security Act (CARES Act) Of 2020 (Public
Law 116-136). (See Resolution No. 2021-05)
3. C 2021-04 Communication (12/02/2020) from Council Chair Kaneshiro,
transmitting for Council consideration, a Resolution appointing
Mason K. Chock as Kaua`i's representative and Bernard P.
Carvalho, Jr., as alternate to the Executive Committee of the
Hawai`i State Association of Counties (HSAC). (See Resolution
No. 2021-06)
COUNCIL MEETING AGENDA 2 DECEMBER 16, 2020
4. C 2021-05 Communication (12/02/2020) from Councilmember Cowden,
transmitting for Council consideration, a Resolution Amending
Resolution No. 2021-02 Relating To The Rules Of The Council Of
The County Of Kaua`i For The Organization Of Committees And
The Transaction Of Business. (See Resolution No. 2021-07)
G. COMMUNICATIONS:
1. C 2021-06 Communication (11/24/2020) from the Executive on Aging,
requesting Council approval to receive and expend a total
of$384,285.00 in State General Funds for Fiscal Year 2021, and
to indemnify the State Executive Office on Aging; funds will be
used for the provision of Kupuna Care Services, which includes
adult day care, case management, home-delivered meals,
assisted transportation, homemaker services, personal care, and
kupuna care transportation costs.
2. C 2021-07 Communication (11/30/2020) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau,
requesting Council approval to accept and expend Hawai`i High
Intensity Drug Trafficking Area (HIDTA) discretionary funding
from the Office of National Drug Control Policy, in the amount
of $147,425.00, for payment of overtime, renting vehicles,
training, replacement of old equipment, and the purchase of new
technology.
3. C 2021-08 Communication (12/02/2020) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau,
recommending Council approval to enter into a Memorandum of
Agreement (MOA) with the American Society of Crime Laboratory
Directors (ASCLD) Domestic Accreditation Task Force, to seek
international accreditation of the Kaua`i Police Department Crime
Scene and Laboratory Unit, and to indemnify, hold harmless, and
defend the ASCLD, its elected officials, officers, employees, and
agents from and for any and all losses, claims, actions, judgments
for damages, or injury to persons or property, and losses and
expenses caused or incurred by or arising out of the tortious
conduct of the ASCLD or its elected officials, officers, employees,
or agents.
• Memorandum of Agreement Between the Kaua`i Police
Department (KPD) and the American Society of Crime
Laboratory Directors (ASCLD) Regarding the ASCLD
Domestic Accreditation Task Force (ADATF) and the
KPD Crime Scene and Laboratory Unit (CSLU)
COUNCIL MEETING AGENDA 3 DECEMBER 16, 2020
4. C 2021-09 Communication (12/02/2020) from the Director of Economic
Development, requesting Council approval to indemnify Leidos,
Inc. and the State of Hawai`i pursuant to Hawai`i Energy's
Application Terms and Conditions, as the County moves to
request a rebate for the installation of five (5) dual level II
networked electronic vehicle chargers, which were recently
installed at the Lihu`e Civic Center. The rebate is through
Hawai`i Energy and would provide $4,500.00 per dual charging
unit, for a total of$22,500.00.
5. C 2021-10 Communication (12/03/2020) from the Executive on Aging,
requesting Council approval to receive and expend a total
of$137,636.00 in State General Funds for State Fiscal
Year 2021, and to indemnify the State Executive Office on
Aging; funds will be used for the provision of Kupuna Care and
to support Aging and Disability Resource Center (ADRC)
operations, which includes staff development, outreach,
awareness, education, and collaboration with the No Wrong
Door (NWD) Network.
6. C 2021-11 Communication (12/03/2020) from the Emergency Management
Administrator, requesting Council approval to receive and
expend State funds, in the amount of$150,000.00, for the Fiscal
Year 2020, from the United States Department of Homeland
Security, via the State of Hawai`i Department of Defense —
Hawai`i Emergency Management Agency, to be used to support
two (2) existing Kaua`i Emergency Management Agency staff
positions who are necessary to support day-to-day prevention,
protection, mitigation, response, and recovery activities.
7. C 2021-12 Communication (12/03/2020) from the Emergency Management
Administrator, requesting Council approval to receive and
expend State funds, in the amount of $457,626.46, from the
State of Hawai`i, via Act 9, Session Laws of Hawai`i 2020, for
disaster relief and mitigation, as a result of the heavy rains and
flooding that occurred in April 2018.
8. C 2021-13 Communication (12/03/2020) from the Chief of Police and
Elliott Ke, Assistant Chief of Police, requesting Council approval
to receive and expend State funds, not to exceed $10,000.00, from
the State of Hawaii, Department of Health, Alcohol and Drug
Abuse Division, as reimbursement for the enforcement of Hawai`i
Revised Statutes (HRS) Section 709-908 prohibiting tobacco sales
to minors via Memorandum of Agreement 2019-PB-002
Modification 1 effective August 31, 2020 through August 30, 2021.
COUNCIL MEETING AGENDA 4 DECEMBER 16, 2020
9. C 2021-14 Communication (12/09/2020) from the Acting County Engineer,
transmitting for Council consideration, A Bill For An Ordinance
To Amend Chapter 15, Article 1, Kaua`i County Code 1987, As
Amended, Relating To Floodplain Management, to update Flood
Insurance Rate Maps (FIRM) as required by the Federal
Emergency Management Agency (FEMA), to ensure regulations
meet the minimum requirements of the National Flood
Insurance Program (NFIP), which will be effective
February 26, 2021. (See Proposed Draft Bill (No. 2816))
H. LEGAL DOCUMENT:
1. C 2021-15 Communication (11/16/2020) from the Housing Director,
recommending Council approval of the following legal documents
required by the HOME Investment Partnerships
Program (HOME) and the National Housing Trust Fund (HTF)
Program, and authorize the County Clerk to sign on behalf of the
County Council:
• Amendment to Declaration of Covenants and
Restrictions by the County of Kaua`i (Declarant) and
Kalepa Village Partners (Developer), a Hawai`i Limited
Partnership, by its General Partner Kaua`i Housing
Development Corporation, LLC a Hawai`i Limited
Liability Company, by its Manager Kaua`i Housing
Development Corporation, a Hawai`i nonprofit
Corporation, for Kalepa Village Phase 2B, Tax Map
Key (TMK) No. (4) 3-8-002-023, Lihu`e, Kaua`i,
Hawai`i (HOME);
• Declaration of Covenants and Restrictions by the
County of Kauai (Declarant) and Kaua`i Economic
Opportunity, Incorporated (Recipient), a Hawai`i
nonprofit Corporation, for Transitional and Emergency
Shelter, TMK No: (4) 3-8-005:001 (HOME);
• Declaration of Covenants and Restrictions by the
County of Kaua`i (Declarant) and Koa`e Workforce
Housing LP (Developer), a Hawai`i Limited Partnership,
for Koa`e Makana TMK No. (4) 2-6-004:019 (HOME);
and
• Declaration of Covenants and Restrictions by the
County of Kaua`i (Declarant) and Koa`e Workforce
Housing LP (Developer), a Hawai`i Limited Partnership,
for Koa`e Makana TMK No. (4) 2-6-004:019 (HTF).
I. CLAIM:
1. C 2021-16 Communication (11/20/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Joseph P. Kua, for damage to his vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i.
COUNCIL MEETING AGENDA 5 DECEMBER 16, 2020
J. COMMITTEE REPORTS:
1. PARKS & RECREATION/TRANSPORTATION COMMITTEE:
a. CR-PRT 2020-02: on Bill No. 2805 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 19, ARTICLE 1,
KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO PUBLIC
PARKS AND RECREATION [Approved
as Amended.]
2. COMMITTEE OF THE WHOLE:
a. CR-COW 2020-23: on COW 2020-01 Communication (02/25/2020) from Council
Chair Kaneshiro, requesting the presence
of the Mayor, to provide a briefing on the
County's Administrative Policy
prohibiting disposable plastics on County
property, to include, but not be limited to,
the Administration's plan to educate
employees and members of the public, the
enforcement mechanism, the
consequences for violation, and the
exceptions for compliance, et cetera.
[Received for the Record.]
b. CR-COW 2020-24: on Bill No. 2806 A BILL FOR AN ORDINANCE
AMENDING ORDINANCE
NO. B-2020-866, AS AMENDED,
RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH
JUNE 30, 2021, BY REVISING THE
AMOUNTS ESTIMATED IN THE
GENERAL FUND (Parks & Recreation
RAIN20 Event — $660,000.00)
[Approved.]
c. CR-COW 2020-25: on Bill No. 2807 A BILL FOR AN ORDINANCE
AMENDING ORDINANCE
NO. B-2020-866, AS AMENDED,
RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH
JUNE 30, 2021, BY REVISING THE
AMOUNTS ESTIMATED IN THE
GENERAL FUND (Transient
Accommodations Tax Revenue Reduction
(Half Year)— $7,467,500.00) [Approved.]
COUNCIL MEETING AGENDA 6 DECEMBER 16, 2020
d. CR-COW 2020-26: on Bill No. 2808 A BILL FOR AN ORDINANCE
AMENDING ORDINANCE
NO. B-2020-866, AS AMENDED,
RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH
JUNE 30, 2021, BY REVISING THE
AMOUNTS ESTIMATED IN THE
GENERAL FUND (General Fund
Unassigned Fund Balance
(Ho olako/Ka ana Parcel Improvements) -
$1,400,000.00) [Approved.]
e. CR-COW 2020-27: on Bill No. 2809 A BILL FOR AN ORDINANCE
AMENDING ORDINANCE
NO. B-2020-867, AS AMENDED,
RELATING TO THE CAPITAL BUDGET
OF THE COUNTY OF KAUAI, STATE
OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2020 THROUGH
JUNE 30, 2021, BY REVISING THE
AMOUNTS ESTIMATED IN THE BOND
FUND AND GENERAL FUND-CIP
(Ho olako/Ka ana Parcel Improvements
Defunding- $4,500,000.00) [Approved.]
f. CR-COW 2020-28: on Bill No. 2810 A BILL FOR AN ORDINANCE
AMENDING ORDINANCE
NO. B-2020-866, AS AMENDED,
RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH
JUNE 30, 2021, BY REVISING THE
AMOUNTS ESTIMATED IN THE
GENERAL FUND (HGEA Retroactive
Raises - Grant-Funded Positions)
[Approved.]
COUNCIL MEETING AGENDA 7 DECEMBER 16, 2020
g. CR-COW 2020-29: on Bill No. 2811 A BILL FOR AN ORDINANCE
AMENDING ORDINANCE
NO. B-2020-866, AS AMENDED,
RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI,
STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH
JUNE 30, 2021, BY REVISING THE
AMOUNTS ESTIMATED IN THE
GENERAL FUND (COVID-19 Funding
For 2021 — $2,000,000.00) [Approved as
Amended.]
h. CR-COW 2020-30: on Bill No. 2812 A BILL FOR AN ORDINANCE
AMENDING ORDINANCE
NO. B-2020-867, AS AMENDED,
RELATING TO THE CAPITAL BUDGET
OF THE COUNTY OF KAUAI, STATE
OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2020 THROUGH
JUNE 30, 2021, BY REVISING THE
AMOUNTS ESTIMATED IN THE BOND
FUND AND GENERAL FUND-CIP
(HRMS, Payroll & Personnel System —
$1,335,000.00) [Approved.]
K. RESOLUTIONS:
1. Resolution No. 2021-04 — RESOLUTION SUPPORTING AND
URGING EQUITY, INCLUSION, AND SOCIAL AND ECONOMIC JUSTICE
PRINCIPLES IN COVID-19 RELATED RECOVERY INITIATIVES
2. Resolution No. 2021-05 — RESOLUTION TO RECEIVE AND EXPEND
A SPECIAL ALLOCATION OF GRANT FUNDS FROM DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA,
AUTHORIZED BY THE CORONAVIRUS AID, RELIEF, AND ECONOMIC
SECURITY ACT (CARES ACT) OF 2020 (PUBLIC LAW 116-136)
3. Resolution No. 2021-06 — RESOLUTION AMENDING RESOLUTION
NO. 2020-23, RELATING TO APPOINTING A REPRESENTATIVE AND
ALTERNATE TO THE EXECUTIVE COMMITTEE OF THE HAWAII STATE
ASSOCIATION OF COUNTIES
COUNCIL MEETING AGENDA 8 DECEMBER 16, 2020
4. Resolution No. 2021-07 — RESOLUTION AMENDING RESOLUTION
NO. 2021-02 RELATING TO THE RULES OF THE COUNCIL OF THE COUNTY
OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE
TRANSACTION OF BUSINESS
L. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2816) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 15, ARTICLE 1, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO FLOODPLAIN MANAGEMENT
M. BILLS FOR SECOND READING:
1. Bill No. 2805, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 19, ARTICLE 1, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO PUBLIC PARKS AND RECREATION (See also CR-PRT 2020-02;
the Parks & Recreation / Transportation Committee recommended approval of Bill
No. 2805, Draft 1 on November 25, 2020.)
2. Bill No. 2806 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND (Parks & Recreation RAIN20 Event —
$660,000.00) (See also CR-COW 2020-24; the Committee of the Whole recommended
approval on second and final reading.)
3. Bill No. 2807 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND (Transient Accommodations Tax Revenue
Reduction (Half Year)— $7,467,500.00) (See also CR-COW 2020-25; the Committee of
the Whole recommended approval on second and final reading.)
4. Bill No. 2808 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND (General Fund Unassigned Fund Balance
(Ho olako/Ka ana Parcel Improvements) — $1,400,000.00) (See also
CR-COW 2020-26; the Committee of the Whole recommended approval on second and
final reading.)
COUNCIL MEETING AGENDA 9 DECEMBER 16, 2020
5. Bill No. 2809 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2020-867, AS AMENDED, RELATING TO THE CAPITAL
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING THE AMOUNTS
ESTIMATED IN THE BOND FUND AND GENERAL FUND-CIP (Ho olako/Ka ana
Parcel Improvements Defunding — $4,500,000.00) (See also CR-COW 2020-27; the
Committee of the Whole recommended approval on second and final reading.)
6. Bill No. 2810 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND (HGEA Retroactive Raises —
Grant-Funded Positions) (See also CR-COW 2020-28; the Committee of the Whole
recommended approval on second and final reading.)
7. Bill No. 2811, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND (COVID-19 Funding For 2021 —
$2,000,000.00) (See also CR-COW 2020-29; the Committee of the Whole
recommended approval of Bill No. 2811, Draft 1 on November 25, 2020.)
8. Bill No. 2812 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2020-867, AS AMENDED, RELATING TO THE CAPITAL
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING THE AMOUNTS
ESTIMATED IN THE BOND FUND AND GENERAL FUND-CIP (HRMS, Payroll
& Personnel System — $1,335,000.00) (See also CR-COW 2020-30; the Committee of
the Whole recommended approval on second and final reading.)
N. EXECUTIVE SESSION: Pursuant to Hawaii Revised Statutes (HRS) §92-7(a),
the Council may, when deemed necessary, hold an Executive Session on any agenda
item without written public notice if the Executive Session was not anticipated in
advance. Any such Executive Session shall be held pursuant to HRS §92-4 and shall
be limited to those items described in HRS §92-5(a). (Confidential reports on file at
the Office of the County Attorney and/or the Office of the County Clerk. Discussions
held in Executive Session are closed to the public.)
1. ES-1037 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of
the County Attorney requests an Executive Session with the
Council to provide the Council with a briefing and request for
settlement authority in the matter of Joseph Pimental, Jr. v.
Puamelekule Sagocio, et al., Civil No. 17-1-0107 (Fifth Circuit
Court). This briefing and consultation involves consideration of
the powers, duties, privileges, immunities, and/or liabilities of
the Council and the County as they relate to this agenda item.
COUNCIL MEETING AGENDA 10 DECEMBER 16, 2020
O. ADJOURNMENT.
P. PUBLIC HEARING NOTE: Pursuant to Governor David Y. Ige's COVID-19 Supplementary
Emergency Proclamations, the most recent being his Sixteenth Supplementary Emergency
Proclamation dated November 23, 2020, all meetings of the Council will be closed to the public
consistent with social distancing practices. The public hearing will be read into the record and
testimony may be submitted in writing to counciltestimony@kauai.gov; via facsimile to
(808) 241-6349; or mailed to the Office of the County Clerk, Council Services Division at
4396 Rice Street, Suite 209, Lihu`e, Hawai`i 96766. Oral testimony will be taken via the Zoom
remote technology platform and it shall be the responsibility of the testifier to ensure that the
Zoom software is downloaded prior to the meeting. Anyone interested in providing oral
testimony shall provide a request to the Office of the County Clerk, Council Services Division
at least one (1) hour prior to the meeting to cokcouncil@kauai.gov or by calling (808) 241-4188.
This request shall include your name, telephone number, E-mail address, and the specific
agenda item(s) that you will be testifying on. After oral testimony has been taken, members of
the public should continue watching the meeting via the live stream link found at
www.kauai.gov/webcastmeetings.
The Council will convene into a public hearing on the following item(s) on this meeting date
and will convene/reconvene the Council/Committee Meeting thereafter.
[*For complete information, including a summary of the item,please refer to the official Notice
of Public Hearing. The official Notice of Public Hearing has been published, posted on the
bulletin board, and filed in the Office of the County Clerk as required by law. Notwithstanding
this Council Agenda, the Council may hold a public hearing on any item which has been posted
in advance in compliance with the Sunshine Law.]
For a copy of the notice,please go to: http://www.kauai.gov/Council/PublicHearings
1. Bill No. 2813 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE
ZONING ORDINANCE (County of Kauai Planning Department, ZA-2020-14)
(Shoreline Setback And Coastal Protection)
2. Bill No. 2814—A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES
(Residential Investor Assessed Value Reduction)
3. Bill No. 2815—A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF KAUAI
FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL
OBLIGATION BONDS AND NOTES; FIXING OR AUTHORIZING THE FIXING OF
THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH
REFUNDING BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO
THE PUBLIC; PROVIDING FOR THE RETIREMENT OF THE BONDS TO BE
REFUNDED; AND AUTHORIZING THE TAKING OF OTHER ACTIONS
RELATING TO THE ISSUANCE AND SALE OF THE REFUNDING BONDS AND
THE RETIREMENT OF THE BONDS TO BE REFUNDED
COUNCIL MEETING AGENDA 11 DECEMBER 16, 2020
Q. NOTE: IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER
ACCOMMODATION DUE TO A DISABILITY, OR AN
INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS,
PLEASE CONTACT THE OFFICE OF THE COUNTY CLERK,
COUNCIL SERVICES DIVISION AT (808) 241-4188 OR
COKCOUNCIL@KAUAI.GOV AS SOON AS POSSIBLE.
REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW
ADEQUATE TIME TO FULFILL YOUR REQUEST.
UPON REQUEST, THIS NOTICE IS AVAILABLE IN
ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR
ELECTRONIC COPY.
*TO VIEW MEETINGS OR MEETING ARCHIVES,
PLEASE VISIT: WWW.KAUAI.GOV/WEBCASTMEETINGS.
12/10/2020 Kauai County Council,Council/Committee Meeting
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December 16,2020 Council Meeting Agenda
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COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair R E ' E I V t ' -�
Mason K.Chock,Vice Chair p G'\ Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. % . '� Scott K.Sato,Deputy County Clerk
Felicia Cowden ! 14,,��
Bill DeCosta tw-
'20 10 Al0 �m -,
Luke A.Evslin s'`T.�,,.!v' %y�� Telephone: (808)241-4188
KipuKai Kuali`i -'` of Facsimile: (808)241-6349
i s F I CE OF E-mail: cokcouncil@kauai.gov
THE C t tT Y CL E BA'( Council Services Division
COUNTY OF 1(A U A"j 4396 Rice Street,Suite 209
LThu`e,Kaua`i,Hawaii 96766
On March 16, 2020, Governor David Y. Ige issued a Supplementary Emergency
Proclamation related to COVID-19 which suspended Chapter 92 of the Hawai`i Revised
Statutes (HRS), relating to Public Agency Meetings and Records (also known as the
Sunshine Law). Governor Ige continued the suspension of Chapter 92 with his Sixth
Supplementary Emergency Proclamation dated April 25, 2020. On May 5, 2020, Governor
Ige issued his Seventh Supplementary Emergency Proclamation amending his earlier
suspension of Chapter 92. The suspension of Chapter 92 was subsequently continued
through additional Supplementary Emergency Proclamations, the most recent being his
Sixteenth Supplementary Emergency Proclamation dated November 23, 2020. Chapter 92
of the HRS was suspended to the extent necessary in order to enable boards to conduct
business in-person or through remote technology without any board members or members
of the public physically present in the same location. Boards shall consider reasonable
measures to allow public participation consistent with social distancing practices, such as
providing notice of meetings, allowing the submission of written testimony on items which
have been posted on an agenda, providing board packets available electronically, live
streaming of meetings, and posting minutes of meetings online. Furthermore, if a board
has the staffing, technological, and other resources to hold a secure video teleconference
(video and audio), it must in good faith, attempt to provide the public with the opportunity
to observe the meeting as it happens, and provide an opportunity to deliver oral testimony.
No board deliberation or action shall be invalid, if such good faith efforts to implement
remote technology for public observations and comments do not work.
The meetings of the Kaua`i County Council will be conducted as follows until further notice:
• Meetings will be noticed pursuant to HRS Chapter 92.
• The meeting will be closed to the public to be consistent with social distancing
practices.
• Councilmembers and/or resource individuals may appear via remote technology.
• The meeting will be live streamed and also available as an archived meeting after
completion, at www.kauai.gov/webcastmeetings. Captions will be provided. Please
note video production services or enhancements will not be available.
• Written testimony may be submitted on any agenda item and is appreciated at least
one (1) hour prior to the meeting. Written testimony may be submitted to
counciltestimony@kauai.gov, sent via facsimile to 241-6349, or mailed to the Office
of the County Clerk, Council Services Division at 4396 Rice Street, Suite 209, Lihu`e,
Hawaii 96766. Any testimony received after this time will be incorporated into the
record as appropriate.
• Oral testimony will be taken at the beginning of the meeting on any agenda item via
the Zoom remote technology platform and it shall be the responsibility of the
testifier to ensure that the Zoom software is downloaded prior to the meeting.
Anyone interested in providing oral testimony shall provide a request to the Office of
the County Clerk, Council Services Division at least one (1) hour prior to the
meeting to cokcouncil@kauai.gov or by calling (808) 241-4188. This request shall
include your name, telephone number, E-mail address, and the specific agenda
item(s) that you will be testifying on. After oral testimony has been taken, members
of the public should continue watching the meeting via the live stream link found at
www.kauai.gov/webcastmeetings.
• Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to
the Council's website upon completion and approval.
AN EQUAL OPPORTUNITY EMPLOYER