HomeMy WebLinkAbout 01/27/2021 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, JANUARY 27, 2021
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201 ' ' L)
LIHUE, KAUAI, HAWAII 96766
'21 JAN 21 A 8 :47
A. MEETING CALLED TO ORDER.
OFFICE OF
B. ROLL CALL. THE COUNTY CLEW
COUNTY OF KAUKI
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. January 13, 2021 Council Meeting
2. January 13, 2021 Public Hearing re: Bill No. 2816
E. CONSENT CALENDAR:
1. C 2021-23 Communication (01/07/2021) from the Director of Finance,
transmitting for Council information, the Condition of the County
Treasury Statement quarterly report as of August 13, 2020.
2. C 2021-24 Communication (01/12/2021) from Aaron D. Larrimore, Deputy
County Attorney, transmitting for Council information, the
Quarterly Report on Settled Claims filed against the County of
Kaua`i from October 1, 2020 through December 31, 2020.
3. C 2021-25 Communication (01/15/2021) from Councilmember Chock,
providing written disclosure of a possible conflict of interest and
recusal relating to ES-1040, relating to the utilization of Public
Access, Open Space, Natural Resources Preservation Fund for
the acquisition of real property for land conservation purposes,
as he was recently on the Board of Directors for Malama Hule`ia
who acts as stewards of the land in Hule`ia, which is on the
Public Access, Open Space, Natural Resources Preservation
Fund Commission's list for potential acquisitions.
4. C 2021-26 Communication (01/15/2021) from Councilmember Evslin,
providing written disclosure of a possible conflict of interest and
recusal relating to ES-1040, relating to the utilization of Public
Access, Open Space, Natural Resources Preservation Fund for
the acquisition of real property for land conservation purposes,
as he was recently on the Board of Directors for Malama Hule`ia
who acts as stewards of the land in Hule`ia, which is on the
Public Access, Open Space, Natural Resources Preservation
Fund Commission's list for potential acquisitions.
COUNCIL MEETING AGENDA 2 JANUARY 27, 2021
F. COMMUNICATIONS:
1. C 2021-27 Communication (01/11/2021) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau,
requesting Council approval to accept funding reimbursements
from the Treasury Executive Office for Asset Forfeiture (TEAOF).
These reimbursed funds are being offered to the County of Kaua`i,
Kaua`i Police Department by the United States Secret Service
based on the Department entering into membership of the
Hawaii-Pacific Cyber Fraud Task Force per Memorandum of
Understanding executed on June 11, 2019. The amount offered is
variable based on available Asset Forfeiture Funds each fiscal
year. These funds are limited to use for digital forensics and cyber
fraud investigations as needed.
2. C 2021-28 Communication (01/11/2021) from the Executive on Aging,
requesting Council approval to receive and expend a total of
$713,668.00 in State General Funds for Fiscal Year 2021, and to
indemnify the State Executive Office on Aging to be used for the
provision of Kupuna Care, which includes case management,
adult day care, assisted transportation, attendant care, kupuna
care transportation, personal care, and home-delivered meals.
3. C 2021-29 Communication (01/11/2021) from the Director of Parks and
Recreation, transmitting for Council consideration, A Bill For
An Ordinance Amending Ordinance No. B-2020-866, As
Amended, Relating To The Operating Budget Of The County Of
Kaua`i, State Of Hawai`i, For The Fiscal Year July 1, 2020
Through June 30, 2021, By Revising The Amounts Estimated In
The General Fund And Golf Fund, to fund an estimated revenue
shortfall of $250,000.00, due to the golf course closures and play
restrictions that resulted from the COVID-19 pandemic. (See
Proposed Draft Bill (No. 2817))
4. C 2021-30 Communication (01/12/2021) from the Fire Chief, requesting
Council approval to apply for, receive, and expend a U.S.
Department of Homeland Security, Federal Emergency
Management Agency (FEMA), Assistance to Firefighters
Grant (AFG) to purchase fifty (50) portable handheld Motorola
radios, totaling $660,000.00; and one (1) Ford F-550 4-Door Crew
Cab 500-GPM Initial Attack Pumper totaling $340,000.00. The
total budget for this project is $1,000,000.00, of which FEMA AFG
would cover $900,000.00, and the Kauai Fire Department (KFD)
would be responsible for the remaining $100,000.00, in a ninety
percent/ten percent (90%/10%) cost share based on total FEMA
contributions.
COUNCIL MEETING AGENDA 3 JANUARY 27, 2021
5. C 2021-31 Communication (01/13/2021) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Chapter 8, Kaua`i County Code 1987,
as amended, relating to commercial uses in the Agriculture
Zoning District. (ZA-2021-1) (Copies of the Draft Ordinance for
Zoning Amendment (ZA-2021-1) (Proposed Draft Bill (No. 2804));
Director's Report (December 29, 2020); and Supplement #1 to the
Director's Report (January 12, 2021),; and testimony received on or
since the public hearing on December 8, 2020, on file in the Office
of the County Clerk.) (See Proposed Draft Bill (No. 2804))
6. C 2021-32 Communication (01/15/2021) from the County Attorney,
requesting authorization to expend additional funds up to
$200,000.00 for Special Counsel's continued services to
represent the County of Kaua`i in general civil litigation
matters. The representation will include cases in Federal Court,
the State Courts, administrative contested cases, agency
hearings, and arbitrations.
G. LEGAL DOCUMENT:
1. C 2021-33 Communication (01/07/2021) from the Housing Director,
recommending Council approval of a Declaration of
Covenants and Restrictions by the County of Kaua`i for the
following HOME Investments Partnerships Program (HOME) and
Housing Trust Fund (HTF) Assisted Projects, and to authorize the
County Clerk to sign all related legal documents:
• Declaration of Covenants and Restrictions for Waimea
Huakai Apartments (HOME) TMK No. (4) 1-6-008-006,
(4) 1-6-008-060, (4) 1-6-008-061 (Waimea Huakai
Partners, LP, Developer)
• Declaration of Covenants and Restrictions for Pua Loke
Apartments (HOME) TMK No. (4) 3-8-005-028,
(4) 3-8-005-029 (Pua Loke Housing Partners LP,
Owners)
• Declaration of Covenants and Restrictions for Pua
Loke Apartments (HTF) TMK No. (4) 3-8-005-028,
(4) 3-8-005-029 (Pua Loke Housing Partners LP,
Developer)
H. CLAIM:
1. C 2021-34 Communication (01/11/2021) from the County Clerk,
transmitting a claim filed against the County of Kaua`i, by
Douglas D. Bosse, for damage to his personal property, pursuant
to Section 23.06, Charter of the County of Kaua`i.
COUNCIL MEETING AGENDA 4 JANUARY 27, 2021
I. COMMITTEE REPORTS:
1. PUBLIC WORKS &VETERANS SERVICES COMMITTEE:
a. CR-PWVS 2021-01: on PWVS 2021-01 Communication (12/30/2020) from
Council Chair Kaneshiro, requesting
the presence of the Acting County
Engineer, to provide a briefing on the
progress of the County's road
resurfacing/repaving projects, update
on upcoming road resurfacing/repaving
projects for calendar years 2021 and
2022, and to discuss the potential
modification in scheduled projects due
to reduced amounts of General Excise
Tax surcharge funding. [Received for
the Record.]
2. PLANNING COMMITTEE:
a. CR-PL 2021-01: on Bill No. 2813 A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUA`I COUNTY CODE 1987,
AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE
(County of Kauai Planning Department,
ZA-2020-14) (Shoreline Setback And Coastal
Protection) [Approved as Amended.]
3. HOUSING & INTERGOVERNMENTAL RELATIONS COMMITTEE:
a. CR-HIR 2021-01: on HIR 2021-01 Communication (12/30/2020) from Council
Chair Kaneshiro, requesting the presence of
the Housing Director, to provide a briefing on
the County's recent affordable housing
accomplishments and an update on future
affordable housing projects. [Received for
the Record.]
COUNCIL MEETING AGENDA 5 JANUARY 27, 2021
4. PUBLIC SAFETY & HUMAN SERVICES COMMITTEE
a. CR-PSHS 2021-01: on PSHS 2021-01 Communication (12/03/2020) from
Councilmember Cowden, requesting the
presence of the Chief of Police, to provide a
briefing on the Police Department
Comprehensive Workload Study,
conducted by Matrix Consulting Group, to
include:
• Summary of Matrix Consulting
Group's findings;
• Synopsis of activity indicators, such
as, call volume, types of calls,
temporary restraining orders,
warrants, et cetera;
• COVID-19 quarantine and
management key points; and
• Significant successes and
challenges. [Received for the
Record.]
5. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE:
a. CR-FED 2021-01: on 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) [Approved.]
6. COMMITTEE OF THE WHOLE:
a. CR-COW 2021-01: on Bill No. 2815 A BILL FOR AN ORDINANCE
AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION REFUNDING
BONDS OF THE COUNTY OF KAUA`I
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 [Approved.]
COUNCIL MEETING AGENDA 6 JANUARY 27, 2021
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2804) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO USES IN THE AGRICULTURE ZONING DISTRICT
2. Proposed Draft Bill (No. 2817) — 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 AND GOLF FUND (Golf
Fund Projected Revenue Deficit—$250,000.00)
K. BILLS FOR SECOND READING:
1. Bill No. 2813, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (County of Kaua`i Planning
Department, ZA-2020-14) (Shoreline Setback And Coastal Protection) (See also
CR-PL 2021-01; the Planning Committee recommended approval of Bill No. 2813,
Draft 1 on January 13, 2021.)
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) (See
also CR-FED 2021-01; the Finance & Economic Development Committee
recommended approval on second and final reading.)
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 (See also CR-COW 2021-01; the Committee of the Whole recommended
approval on second and final reading.)
COUNCIL MEETING AGENDA 7 JANUARY 27, 2021
L. 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 092-4 and shall
be limited to those items described in HRS 092-5(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-1039 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 County of Kaua`i vs. KAPHA
North Shore, LLC, Civil No. 18-1-0031 (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. (Deferred
January 13, 2021)
2. ES-1041 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf of
the Council, the Office of the County Attorney requests an
Executive Session with the Council to provide the Council with a
briefing, discussion and consultation regarding the Quarterly
Report on Pending and Denied Claims. This briefing and
consultation involves consideration of the powers, duties, privileges,
immunities, and/or liabilities of the Council and the County as they
relate to this agenda item.
3. ES-1042 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf of
the Council, the Office of the County Attorney requests an
Executive Session with the Council to provide the Council with a
briefing on Special Counsel's continued services to represent the
County of Kaua`i in general civil litigation matters. The
representation will include cases in Federal Court, the State
Courts, administrative contested cases, agency hearings, and
arbitrations. 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.
M. ADJOURNMENT.
COUNCIL MEETING AGENDA 8 JANUARY 27, 2021
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1/21/2021 Kauai County Council,Council/Committee Meeting
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,t<101:fivonteent When&Where
Kauai County Council,Council/Committee Meeting Date/Time
Wednesday,January 27,2021 Wednesday,January 27,2021
Hawaiian Standard Time
■ +Office of the Mayor
Meetings of the Kaua'i County Council are typically held each Wednesday(unless otherwise Venue
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and for any other information related to the Kaua'i County Council,please visit 4396 Rice St,Lihue,HI 96766,USA
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This notice is intended to satisfy the notice requirement of Hawai'i Revised Statutes(HRS)Section 92-7.
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January 27,2021 Council Meeting Agenda
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COUNTY COUNCIL `f �.�of- OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro, p Chair I T C E I Y E �c��i,-.�'
Mason K.Chock,Vice Chair %pG�\ Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. •
.:•;' Scott K. Sato,Deputy County Clerk
Felicia Cowden ti
Bill DeCosta �21 JAN 21 #,' � T i
Luke A.Evslin1jcc41?V. Telephone: (808)241-4188
KipuKai Kuali`i OF Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
T[ic1.1.4 1 ��` Services Division
COUNTY OF a Street,Suite 209
Lihu`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 Kauai 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.
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