HomeMy WebLinkAbout 04/07/2021 Notice and Agenda, Council Meeting RECEIVED
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, APRIL 7, 2021
8:30 A.M. OR SOON THEREAFTL , APR
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COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING OFFICE OF
4396 RICE STREET, SUITE 201 I F:c . y or
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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 24, 2021 Council Meeting
E. INTERVIEWS:
1. LIQUOR CONTROL COMMISSION:
• Lorna A. Nishimitsu— Term ending 12/31/2023
2. PLANNING COMMISSION:
• Gerald T. Ako — Term ending 12/31/2023
F. CONSENT CALENDAR:
1. C 2021-79 Communication (03/10/2021) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Establishing
A Crosswalk On Kakela Makai Drive Near Pua Melia Street,
Koloa District, County Of Kaua`i. (See Resolution
No. 2021-16)
COUNCIL MEETING AGENDA 2 APRIL 7, 2021
2. C 2021-80 Communication (03/17/2021) from the Director of Finance,
transmitting for Council information, the Period 7 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget
Report as of January 31, 2021, pursuant to Section 21 of
Ordinance No. B-2020-866, relating to the Operating Budget of the
County of Kaua`i for Fiscal Year 2020-2021. (Copies of Period 7
Financial Reports as of January 31, 2021 on file in the Office of the
County Clerk.)
3. C 2021-81 Communication (03/17/2021) from the Housing Director,
transmitting for Council consideration, a Resolution Authorizing
The Filing Of The Kaua`i County 2021 Action Plan (Community
Development Block Grant) With The Department Of Housing
And Urban Development, United States of America, For A Grant
Under Title I Of The Housing And Community Development Act
Of 1974 and 1987 (Public Laws 93-383 and 100-242), As
Amended. (See Resolution No. 2021-17)
4. C 2021-82 Communication (03/29/2021) from Council Chair Kaneshiro,
providing written disclosure of a possible conflict of interest and
recusal relating to Bill No. 2818, the Mayor's Proposed Operating
Budget for Fiscal Year 2021-2022, regarding the appropriation to
Kaua`i Soil Conservation in the Department of Public
Works— Grant-In-Aid, as he is a Director for the East Kaua`i Soil
& Water Conservation District.
5. C 2021-83 Communication (03/29/2021) from Council Chair Kaneshiro,
providing written disclosure of a possible conflict of interest and
recusal relating to Bill No. 2818, the Mayor's Proposed Operating
Budget for Fiscal Year 2021-2022, regarding any applicable
appropriation to Puhi Metals Recycling — Soil Testing General
Liabilities in the Department of Finance — Administration and
any applicable 800 MHz Radio Site Lease appropriation in the
Emergency Management Agency, as he is a Project Manager
employed by Grove Farm Company, Inc.
6. C 2021-84 Communication (03/29/2021) from Council Vice Chair Chock,
providing written disclosure of a possible conflict of interest and
recusal relating to Bill No. 2818, the Mayor's Proposed Operating
Budget for Fiscal Year 2021-2022, regarding the appropriation for
Leadership Development & Training in the Office of the Mayor,
as he is a volunteer and facilitator for the annual Leadership
Kaua`i adult class. Additionally, Leadership Kaua`i and his
company, Kupu a`e Leadership Development, are partners in
leadership initiatives on Kauai.
COUNCIL MEETING AGENDA 3 APRIL 7, 2021
7. C 2021-85 Communication (03/29/2021) from Councilmember Kuali`i,
providing written disclosure of a possible conflict of interest and
recusal relating to Bill No. 2818, the Mayor's Proposed Operating
Budget for Fiscal Year 2021-2022, regarding the appropriation to
Sexual Assault/Domestic Violence Community Program in the
Office of Economic Development — Administration, as he is the
Director of Operations for the YWCA. The YWCA may be a
potential applicant for these funds.
G. COMMUNICATIONS:
1. C 2021-86 Communication (03/01/2021) from the Office of the Mayor,
transmitting for Council approval, the donation of a 50-foot utility
pole valued at $1,900.00, from Kaua`i Island Utility Cooperative,
to replace the existing utility pole that is timeworn and requires
replacement at the Hanalei Police/Fire Station, which holds the
radio antennae that is critical for public safety communications
on the North Shore of Kaua`i.
2. C 2021-87 Communication (03/05/2021) from Susan Burriss, Chair of the
Board of Ethics, referring to the Council, pursuant to Kaua`i
County Charter Section 20.05, Complaint No. BOE-20-001, a
Stipulation Related To An Ethics Complaint Against
Councilmember Felicia Cowden.
3. C 2021-88 Communication (03/12/2021) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau,
requesting Council approval to accept on-going Federal fund
reimbursements from Immigration and Customs Enforcement,
Homeland Security Investigations, for the Kaua`i Police
Department's roles and responsibilities when working through
coordinated efforts with local, State, and Federal law enforcement
agencies via a Memorandum of Agreement.
4. C 2021-89 Communication (03/15/2021) from the Director of Economic
Development, requesting Council approval to apply for, receive,
and expend funds in the amount of $25,000.00, 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 in providing
summer internship programs for students to work on Kaua`i farms,
ranches, and agriculture-related businesses.
COUNCIL MEETING AGENDA 4 APRIL 7, 2021
5. C 2021-90 Communication (03/19/2021) from Councilmember Evslin and
Council Vice Chair Chock, transmitting for Council consideration,
A Bill For An Ordinance Amending Chapter 8, Kaua`i County Code
1987, As Amended, Relating To Transient Accommodations. (See
Proposed Draft Bill (No. 2822))
6. C 2021-91 Communication (03/23/2021) from the Director of Finance and the
Budget Administrator, 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, to fund the anticipated second half of the year
shortfall in Transient Accommodations Tax (TAT) revenue
through June 30, 2021, due to COVID-19. (See Proposed Draft
Bill (No. 2823))
7. C 2021-92 Communication (03/24/2021) from Council Vice Chair Chock,
requesting Council approval to submit an application for the 2021
Vacant Property Leadership Institute (VPLI) on behalf of the
County of Kaua`i, to include receipt and expenditure of awarded
program funding.
H. CLAIMS:
1. C 2021-93 Communication (03/19/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Sandra I. Rivera, for
personal injury, pursuant to Section 23.06, Charter of the County
of Kaua`i.
2. C 2021-94 Communication (03/19/2021) from the County Clerk, transmitting
a claim filed against the County of Kauai by Kaua`i Island Utility
Cooperative, for personal property and property damage, pursuant
to Section 23.06, Charter of the County of Kaua`i.
I. RESOLUTIONS:
1. Resolution No. 2021-16 — RESOLUTION ESTABLISHING A
CROSSWALK ON KAKELA MAKAI DRIVE NEAR PUA MELIA STREET, KOLOA
DISTRICT, COUNTY OF KAUAI
COUNCIL MEETING AGENDA 5 APRIL 7, 2021
2. Resolution No. 2021-17—RESOLUTION AUTHORIZING THE FILING
OF THE KAUAI COUNTY 2021 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2822) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO TRANSIENT ACCOMMODATIONS
2. Proposed Draft Bill (No. 2823) — 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 HAWAI`I, 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 (Second Half of the Year)— $7,467,500.00)
K. 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-1049 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4) and (8), and Kauai County Charter section 3.07(E), the
purpose of this Executive Session is to consult with the Council's
legal counsel to receive legal updates, overviews, and
recommendations for purposes of obtaining Council approval to
settle a workers' compensation claim. This deliberation and/or
decision-making involves matters that require the consideration of
information that must be kept confidential due to significant privacy
interests. The significant privacy interests relate to a medical
history, diagnosis, condition, treatment, and evaluation. This
information is protected from disclosure pursuant to state or federal
law, including the Health Insurance Portability and Accountability
Act.
COUNCIL MEETING AGENDA 6 APRIL 7, 2021
2. ES-1050 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 consult with the Council's legal counsel
regarding the stipulation related to the Board of Ethics complaint
against Councilmember Felicia Cowden. 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.
L. ADJOURNMENT.
M. PUBLIC HEARING NOTE: Pursuant to Governor David Y. Ige's COVID-19 Supplementary
Emergency Proclamations, the most recent being his Eighteenth Supplementary Emergency
Proclamation dated February 12, 2021, 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, Hawaii 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 Clerh 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. Resolution No. 2021-13 — RESOLUTION AUTHORIZING THE ACQUISITION OF
EASEMENT INTERESTS IN LAND REQUIRED FOR PUBLIC USE, TO WIT: THE
PEDESTRIAN AND BICYCLE PATH THAT CONSTITUTES PART OF THE
COUNTY'S PUBLIC PARK SYSTEM, WAIPOULI, DISTRICT OF PUNA, COUNTY
OF KAUA`I,HAWAI`I,AND DECLARING THE NECESSITY OF THE ACQUISITION
THEREOF BY EMINENT DOMAIN
COUNCIL MEETING AGENDA 7 APRIL 7, 2021
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.
Event Detail
«All Events When&Where .
Kauai County Council,Council/Committee Meeting Date/Time
Wednesday,April 7,2021 Wednesday,April 7,2021
Hawaiian Standard Time
Meetings of the Kauai County Council are typically held each Wednesday(unless otherwise noted)beginning at Venire
8:30 a.m.(unless otherwise noted).To sign-up to receive agendas via E-mail and for any other information related
Historic County Building
to the Kauai Cohn Council.please visit www.kauai:gov/coundl.Please call the Office of the County Cleric Council 4396 Rice St.Uhue.HI 96766,USA
Services Division at(808)241-4188 for the current schedule and for any additional information.
IwINftJrt��iult'
This notice is intended to satisfy the notice requirement of
Hawaii Revised Statutes(HRS)Section 92-7. ,;*;_Ecport to my calendar
Click on the link below for a PDF file of the posted agenda:
Lulu'.2021 Council Meeting/410dd
April 7.2021 Committee Meeting Agenda
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COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arry1 Kaneshiro,Chair., r`RECY F
Mason K.Chock,Vice Chair G'\ Jade K.Fountain-Tanigawa,County Clerk
o Bernard P.Carvalho,Jr. Scott K. Sato,Deputy County Clerk
•Felicia Cowden
Bill DeCosta 71 APR •1 A `l Q,
Luke A.Evslin - 9j �r a4�' Telephone: (808)241-4188
KipuKai Kuali`i of Facsimile: (808)241-6349
C Fit c
E-mail: cokcouncil@kauai.gov
j 1 i WIT Y goil1 Services Division
Y Of Kleig6,14ice 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 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.
AN EQUAL OPPORTUNITY EMPLOYER