HomeMy WebLinkAbout 03/24/2021 Notice and Agenda, Council Meeting RECEIVED
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, MARCH 24, 2021 71 Mw 18 A8 :18
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING 1. .`a+`
4396 RICE STREET, SUITE 201 '3 vl^ t t1/41,1
LIHU`E, KAUAI, HAWAII 96766
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meeting of the Council:
1. March 10, 2021 Council Meeting
2. March 17, 2021 Special Council Meeting
E. CONSENT CALENDAR:
1. C 2021-61 Communication (03/09/2021) from Council Chair Kaneshiro,
transmitting for Council consideration and confirmation, the
reappointment of Erica Jolie Anuhea Taniguchi to the Public
Access, Open Space, Natural Resources Preservation Fund
Commission (Anahola - Ha ena) - Term ending 12/31/2023.
(See Resolution No. 2021-15)
2. C 2021-62 Communication (03/09/2021) from the Director of Finance,
transmitting for Council information, the Period 6 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget
Report as of December 31, 2020, pursuant to Section 21 of
Ordinance No. B-2020-866, relating to the Operating Budget of the
County of Kauai for Fiscal Year 2020-2021. (Copies of Period 6
Financial Reports as of December 31, 2020 on file in the Office of the
County Clerk.)
COUNCIL MEETING AGENDA 2 MARCH 24, 2021
3. C 2021-63 Communication (03/09/2021) from the Director of Finance,
transmitting for Council information, the County of Kaua`i 2021
Real Property Assessment List pursuant to Section 5A-2.2, Kaua`i
County Code 1987, as amended. (2021 Real Property Assessment
List on file in the Office of the County Clerk.)
4. C 2021-64 Communication (03/11/2021) from the Director of Human
Resources, transmitting for Council information, the
March 15, 2021 Vacancy Report, pursuant to Section 24 of
Ordinance No. B-2020-866, relating to the Operating Budget of
the County of Kaua`i for Fiscal Year 2020-2021.
5. C 2021-65 Communication (03/12/2021) from the Director of Finance,
transmitting for Council information, supplemental real property
tax revenue information pertaining to the estimated reduction in
real property tax revenues resulting from the Home Preservation
Tax Limitation and Very Low Income Tax Credit relief measures
factored with the existing real property tax rates, and based on the
Real Property Assessment Certification for Fiscal Year 2022.
F. COMMUNICATIONS:
1. C 2021-66 Communication (02/25/2021) from the Director of Finance,
transmitting for Council consideration:
• A Bill For An Ordinance Amending Chapter 22, Article 24,
Kaua`i County Code 1987, As Amended, Relating To Cat
Licensing Program; and
• A Bill For An Ordinance Amending Chapter 22, Article 10,
Kaua`i County Code 1987, As Amended, Relating To Dog
Licenses And Regulations. (See Proposed Draft
Bill (No. 2820) and Proposed Draft Bill (No. 2821))
2. C 2021-67 Communication (03/01/2021) from the Executive on
Transportation, requesting Council approval to receive and expend
a Federal Transit Administration (FTA) Section 5311 Coronavirus
Response and Relief Supplemental Appropriation Act of
2021 (CRRSAA) grant, in the amount of$8,000,270.00, which will
be used to support the continued operation of essential public bus
transit services for the County of Kaua`i.
COUNCIL MEETING AGENDA 3 MARCH 24, 2021
3. C 2021-68 Communication (03/03/2021) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau,
requesting Council approval to receive and expend Federal funds
for Sexual Assault Nurse Examiner (SANE) exams, supportive
funding, and DNA analysis, in the amount of $98,507.00, which
will be used to continue law enforcement efforts to assist in sexual
assault investigations through agency collaboration, and
approval to contract with and indemnify the State of Hawai`i
Department of the Attorney General for the term commencing
July 1, 2021 to May 31, 2022.
4. C 2021-69 Communication (03/09/2021) from the Acting County Engineer,
requesting Council approval to apply for, receive, and expend State
funds in the amount of $313,937.18, from the State of Hawaii
Department of Health (DOH), and to indemnify the State DOH for
the Fiscal Year 2022 grant cycle, for the HI-5 Deposit Beverage
Container program to be .used to fund two (2) HI-5 Recycling
Specialist positions.
5. C 2021-70 Communication (03/09/2020) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
in the amount of$398,681.00, and approval to indemnify the State
Executive Office on Aging, to be used to carry out the provisions of
the Area Plan on Aging for the period October 1, 2020 through
September 30, 2022.
6. C 2021-71 Communication (03/10/2021) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau,
recommending Council approval to receive and expend Federal
funds for the Office of National Drug Control Policy, Hawaii High
Intensity Drug Trafficking Area (HIDTA) Program, in the amount
of$141,600.00. These recurring Federal funds will supplement the
Kauai Police Department's budget with overtime, specialized
training, canine maintenance, services and equipment for use by
personnel directly engaged in narcotic-related investigations for the
term commencing January 1, 2021 to December 31, 2022.
7. C 2021-72 Communication (03/11/2021) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend
Federal funds in the amount of $290,460.00, and approval to
indemnify the State of Hawaii, Department of the Attorney
General, for the Kauai Victims of Crime Act (VOCA) Expansion
Project 19-V2-03 for the period July 1, 2021 through June 30, 2022.
COUNCIL MEETING AGENDA 4 MARCH 24, 2021
8. C 2021-73 Communication (03/11/2021) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend
Federal Highway Safety funds from the State of Hawaii
Department of Transportation (HDOT), in the amount of
$114,094.63, and to indemnify HDOT, for the continued 0.50
funding of a Full-Time Equivalent (FTE) Traffic Safety Resource
Prosecutor, travel, and training. This recurring grant and funds
will be utilized for the term commencing October 1, 202 through
September 30, 2022.
9. C 2021-74 Communication (03/11/2021) from the Prosecuting Attorney,
requesting Council approval to receive and expend Federal funds,
in the amount of $175,000.00, from the Fiscal Year 2019
Edward J. Byrne Memorial Justice Assistance Grant (JAG), and
to indemnify the State of Hawai`i, Department of the Attorney
General, to support the Felony/Career Criminal Prosecution
Program with one (1) Full-Time Equivalent (FTE) Deputy
Prosecuting Attorney, a 0.60 funded FTE Special Investigator,
and to cover a portion of fringe benefit costs. The anticipated
contract date is for the period July 1, 2021 through June 30, 2022.
10.C 2021-75 Communication (03/11/2021) from the Prosecuting Attorney,
requesting Council approval to receive and expend Federal funds,
in the amount of $70,222.00, from the Fiscal Year 2019 Edward
J. Byrne Memorial Justice Assistance Grant (JAG), and to
indemnify the State of Hawai`i, Department of the Attorney
General, to support the Vehicular Crimes Unit with a 0.50 funded
Full Time Equivalent (FTE) Deputy Prosecuting Attorney and to
cover a portion of fringe benefit costs. The anticipated contact
date is for the period of July 1, 2021 through June 30, 2022.
11.C 2021-76 Communication (03/12/2021) from the Mayor, transmitting his
Fiscal Year 2021-2022 Budget Message, along with the proposed
Operating Budget, Capital Improvement Projects (CIP) Budget,
and Schedule of Charges and Fees. (Detailed Line Item Budget on
file in the Office of the County Clerk.) (See Proposed Draft
Bill (No. 2818), Proposed Draft Bill (No. 2819), and the
proposed Fiscal Year 2021-2022 Real Property Tax Rate
Resolution No. 2021-14)
COUNCIL MEETING AGENDA 5 MARCH 24, 2021
G. CLAIMS:
1. C 2021-77 Communication (02/25/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Hanson Hsu, for
damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kauai.
2. C 2021-78 Communication (03/03/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Kaua`i Island Utility
Cooperative, for damage to their property, pursuant to
Section 23.06, Charter of the County of Kauai.
H. COMMITTEE REPORTS:
1. PLANNING COMMITTEE:
a. CR-PL 2021-02: on 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 [Approved.]
2. COMMITTEE OF THE WHOLE:
a. CR-COW 2021-03: on 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) [Approved.]
I. RESOLUTIONS:
1. Resolution No. 2021-14 — RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022
FOR THE COUNTY OF KAUAI
COUNCIL MEETING AGENDA 6 MARCH 24, 2021
2. Resolution No. 2021-15 — RESOLUTION CONFIRMING COUNCIL
REAPPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES PRESERVATION FUND COMMISSION (Erica Jolie Anuhea
Taniguchi) (Anahola— Ha ena)
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2818) — A BILL FOR AN ORDINANCE
RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022 (Fiscal Year 2021-2022
Operating Budget)
2. Proposed Draft Bill (No. 2819) — A BILL FOR AN ORDINANCE
RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022 (Fiscal Year 2021-2022 CIP
Budget)
3. Proposed Draft Bill (No. 2820) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 22, ARTICLE 24, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO CAT LICENSING PROGRAM (Cat Microchipping
Program)
4. Proposed Draft Bill (No. 2821) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 22, ARTICLE 24, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO DOG LICENSES AND REGULATION (Dog
Microchipping and Regulations)
K. BILLS FOR SECOND READING:
1. 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 (See also CR-PL 2021-02;the Planning
Committee recommended approval on second and final reading.)
2. 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) (See also CR-COW 2021-03; the Committee of the Whole
recommended approval on second and final reading.)
COUNCIL MEETING AGENDA 7 MARCH 24, 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§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-1038 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 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. (Deferred
February 24, 2021)
2. 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 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. (Deferred
February 24, 2021)
3. ES-1044 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(3), and Kauaci County Charter Section 3.07(E), the Office of
the County Attorney requests an Executive Session with the Council
to discuss the utilization of public access, open space, natural
resources preservation funds for the acquisition of real property
identified by Tax Map Key No. 3-2-001-001 (55.408 acres) and Tax
Map Key No. 3-1-001-012 (44.641 acres) for land conservation
purposes. 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 February 24, 2021)
COUNCIL MEETING AGENDA 8 MARCH 24, 2021
4. ES-1048 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 Roy Gal vs. County of Kauai, et al., Civil
No. 20-00011 JMS-WRP (U.S. District Court for the District of
Hawai`i). 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.
N. 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.
COUNTY COUNCIL p ^C'. 1 # �.>—of=� OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair ~' = ' �sr Y -`�
Mason K.Chock,Vice Chair p 7Gy\ Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. '';' Scott K. Sato,Deputy County Clerk
•Felicia Cowden .,' = s
Bill DeCosta '21 MAR 18 A •' ,,; 410 ;.;
Luke A.Evslin ��'���ci,� 4�� Telephone: (808)241-4188
KipuKai Kuali`i .. of ? ' Facsimile: (808)241-6349
G> t t U E-mail: cokcouncil@kauai.gov
THE WATT �01'i it Services Division
'. ''ce 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 Eighteenth
Supplementary Emergency Proclamation dated February 12, 2021. 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.
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Kauai County Council,Council/Committee Meeting Date/Time
Wednesday,March 24,2021 Wednesday,March 24,2021
Hawaiian Standard Time
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Meetings of the Kauai County Council are typically held each Wednesday(unless otherwise Venue
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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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March 24,2021 Council Meeting Agenda
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