HomeMy WebLinkAbout 01/13/2021 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA R E r \'F D
WEDNESDAY, JANUARY 13, 2021
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS 21 JPil -7 AO 23
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766OF
OFFICE, Ci.EA.tI
C� Y'"Y OF KAUA
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. December 16, 2020 Council Meeting
2. December 16, 2020 Public Hearing re: Bill No. 2813, Bill No. 2814, and
Bill No. 2815
E. CONSENT CALENDAR:
1. C 2021-17 Communication (11/20/2020) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Leland K. Kahawai to the Liquor Control Commission — Term
ending 12/31/2022. (See Resolution No. 2021-08)
2. C 2021-18 Communication (12/21/2020) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Authorizing
The Mayor And The Director Of Finance Of The County Of
Kaua`i To Enter Into An Intergovernmental Agreement With
The State Of Hawai`i, Department Of Health For A Loan From
The State Water Pollution Control Revolving Fund For The
Waimea R-1 Wastewater Distribution System Upgrades, Project
No. C150047-09. (See Resolution No. 2021-09)
3. C 2021-19 Communication (12/30/2020) from the Director of Finance,
transmitting for Council information, the County of Kaua`i
Schedule of Fund Balances as of June 30, 2020; pursuant to
Kaua`i County Charter Section 19.14.
COUNCIL MEETING AGENDA 2 JANUARY 13, 2021
F. CLAIMS:
1. C 2021-20 Communication (12/22/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i, by
Monika Mitchell, for damage to personal property, pursuant to
Section 23.06, Charter of the County of Kaua`i.
2. C 2021-21 Communication (12/22/2020) from the County Clerk,
transmitting a claim filed against the County of Kauai, by
Rosita B. Fune, for damage to personal property, medical bill,
and personal injuries, pursuant to Section 23.06, Charter of the
County of Kauai.
3. C 2021-22 Communication (12/23/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i, by Glen
Antony Silva, for personal injuries and personal property
damage, pursuant to Section 23.06, Charter of the County of
Kaua`i.
G. RESOLUTIONS:
1. Resolution No. 2021-08 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Leland K.
Kahawai)
2. Resolution No. 2021-09 — RESOLUTION AUTHORIZING THE
MAYOR AND THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI
TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE
STATE OF HAWAII, DEPARTMENT OF HEALTH FOR A LOAN FROM THE
STATE WATER POLLUTION CONTROL REVOLVING FUND FOR THE
WAIMEA R-1 WASTEWATER DISTRIBUTION SYSTEM UPGRADES, PROJECT
NO. C150047-09
H. 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.)
COUNCIL MEETING AGENDA 3 JANUARY 13, 2021
1. ES-1038 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kauai 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 Trevor Wright vs. County of
Kaua`i, et al., Civil No. 19-1-0061 JRV (Fifth Circuit Court). This
briefing and consultation involve the consideration of the powers,
duties, privileges, immunities, and/or liabilities of the Council and
the County as they relate to this agenda item.
2. ES-1039 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kauai 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 County of Kaua`i vs. KAPHA
North Shore, LLC, Civil No. 18-1-0031 (Fifth Circuit Court). This
briefing and consultation involve the consideration of the powers,
duties, privileges, immunities, and/or liabilities of the Council and
the County as they relate to this agenda item.
I. ADJOURNMENT.
J. PUBLIC HEARING NOTE: Pursuant to Governor David Y. Ige's COVID-19 Supplementary
Emergency Proclamations, the most recent being his Seventeenth Supplementary Emergency
Proclamation dated December 16, 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
COUNCIL MEETING AGENDA 4 JANUARY 13, 2021
1. Bill No. 2816—A BILL FOR AN ORDINANCE TO AMEND CHAPTER 15, ARTICLE 1,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO FLOODPLAIN
MANAGEMENT
K. 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.
1/7/2021 Kauai County Council,Council/Committee Meeting
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Meetings of the Kaua'i County Council are typically held each Wednesday(unless otherwise Venue
noted)beginning at 8:30 a.m.(unless otherwise noted).To sign-up to receive agendas via E-mail Historic County Building
ma AePiSiaUVr information related to the Kaua'i County Council,please visit 4396 Rice St,Lihue,HI 96766,USA
www.kauai.gov/council.Please call the Office of the County Clerk,Council Services Division at
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This no is i i ten a to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7.
Click on the link below for a PDF file of the posted agenda:
January 13,2021 Council Meeting Agenda
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January 13,2021 Committee Meeting Agenda
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COUNTY COUNCIL RE( /F 0 OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair . ' of 4,-
�'Mason K.Chock,Vice Chair 9G
o Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. r v, ' Scott K. Sato,Deputy County Clerk
Felicia Cowden ` - A8 c', ! fi
Bill DeCosta 0 ��
Luke A.Evslin qT Telephone: (808)241-4188
KipuKai Kuali`i G r•?CE OF OF Facsimile: (808)241-6349
THE , ,) l-y CLE E-mail: cokcouncil@kauai.gov
COUNIY OF AURI,
uncil Services Division
96 Rice Street,Suite 209
LYhu`e,Kauai,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 Seventeenth
Supplementary Emergency Proclamation dated December 16, 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,
Hawai`i 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