HomeMy WebLinkAbout 04/21/2021 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, APRIL 21, 2021
8:30 A.M. OR SOON THEREAFTER *21 APR 15 A8 :43
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING ' t". ".
4396 RICE STREET, SUITE 201 , ;; �. sa ' :! E
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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 meetings of the Council:
1. April 7, 2021 Council Meeting
2. April 7, 2021 Public Hearing re: Resolution No. 2021-13
E. CONSENT CALENDAR:
1. C 2021-95 Communication (03/19/2021) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointments to
various Boards and Commissions for the County of Kaua`i:
a. Liquor Control Commission
• Lorna A. Nishimitsu—Term ending 12/31/2023
b. Planning Commission
• Gerald T. Ako (Labor)—Term ending 12/31/2023
(See Resolution No. 2021-18 and
Resolution No. 2021-19)
COUNCIL MEETING AGENDA 2 APRIL 21, 2021
2. C 2021-96 Communication (04/06/2021) from the Director of Finance,
transmitting for Council information, the Period 8 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget
Report as of February 28, 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 8
Financial Reports as of February 28, 2021 on file in the Office of the
County Clerk.)
3. C 2021-97 Communication (04/06/2021) from Mark L. Bradbury, Deputy
County Attorney, transmitting for Council information, the
Quarterly Report on Settled Claims filed against the County of
Kaua`i from January 1, 2021 through March 31, 2021.
4. C 2021-98 Communication (04/12/2021) from Councilmember Cowden,
providing written disclosure of a possible conflict of interest and
recusal relating to C 2021-87 and ES-1050, as these items involve
a stipulation agreement that she was a party to.
5. C 2021-99 Communication (04/14/2021) from Councilmember Evslin and
Councilmember DeCosta, transmitting for Council consideration,
a Resolution Supporting Digital Equity And Urging Development
Of Broadband Infrastructure To Bolster COVID-19 Recovery And
Foster Economic Development. (See Resolution No. 2021-20)
F. COMMUNICATIONS:
1. C 2021-100 Communication (04/06/2021) from the Executive on
Transportation, requesting Council approval to apply for, receive,
and expend a Fiscal Year 2021 Federal Transit
Administration (FTA) Section 5339(c) Low or No
Emission (Low-No) Bus Program competitive grant, in the
amount of$2,550,000.00, and to indemnify the FTA. The 5339(c)
grant will provide eighty-five percent (85%) of the cost to replace
three (3) diesel-powered buses, which have exceeded their useful
service lives with three (3) electric-powered buses.
2. C 2021-101 Communication (04/07/2021) from the Fire Chief, requesting
Council approval to accept a donation of five (5) Custom Surf
Rescue Boards, valued at $10,563.00, from the Kaua`i Lifeguard
Association (KLA), on behalf of the friends and family of Zachary
Rose.
COUNCIL MEETING AGENDA 3 APRIL 21, 2021
G. CLAIMS:
1. C 2021-102 Communication (03/25/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Arnold A. Lane, for
damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
2. C 2021-103 Communication (03/29/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Makai Water
Service's, LLC, for damage to personal property, pursuant to
Section 23.06, Charter of the County of Kaua`i.
3. C 2021-104 Communication (03/31/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Leslie A. Burgermyer,
for damage to her vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
4. C 2021-105 Communication (04/05/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Wendy Nishida, for
damage to her vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
H. COMMITTEE REPORTS:
1. PUBLIC SAFETY& HUMAN SERVICES COMMITTEE:
a. CR-PSHS 2021-02: on PSHS 2021-02 Communication (03/19/2021) from Todd L.
Watts, PE, PMP, Director for Real Property
Investments and Deployments, U.S.
Department of Defense, requesting agenda
time for Dr. Buff Crosby, Charla Schreiber,
and local consultant Dawn Chang,
to present information regarding the
Missile Defense Agency's Homeland
Defense Radar - Hawai`i (HDR-H)
Environmental Impact Statement.
[Received for the Record.]
2. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE:
a. CR-FED 2021-02: on FED 2021-01 Communication (03/05/2021) from the
Director of Economic Development,
requesting agenda time to present an
update on the distribution of Rapid `Ohi`a
Death and status of detections across the
island, as well as share the management
and outreach efforts that are being
undertaken to slow the spread of the
disease. [Received for the Record.]
COUNCIL MEETING AGENDA 4 APRIL 21, 2021
I. RESOLUTIONS:
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 KAUAI, HAWAI`I, AND DECLARING THE NECESSITY OF
THE ACQUISITION THEREOF BY EMINENT DOMAIN (Public hearing held on
April 7, 2021)
2. Resolution No. 2021-18 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Lorna A.
Nishimitsu)
3. Resolution No. 2021-19 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Gerald T. Ako—Labor)
4. Resolution No. 2021-20 — RESOLUTION SUPPORTING DIGITAL
EQUITY AND URGING DEVELOPMENT OF BROADBAND INFRASTRUCTURE
TO BOLSTER COVID-19 RECOVERY AND FOSTER ECONOMIC
DEVELOPMENT
J. 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-1051 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.
COUNCIL MEETING AGENDA 5 APRIL 21, 2021
2. ES-1052 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kauaci 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 on workforce housing requirements for Tax Map Key
No. (4) 2-8-014-032. 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.
K. ADJOURNMENT.
L. PUBLIC HEARING NOTE: Pursuant to Governor David Y. Ige's COVID-19 Supplementary
Emergency Proclamations, the most recent being his Nineteenth Supplementary Emergency
Proclamation dated April 9, 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, 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. 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)
2. Bill No. 2821 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 22,
ARTICLE 10, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DOG
LICENSES AND REGULATION(Dog Microchipping and Regulations)
COUNCIL MEETING AGENDA 6 APRIL 21, 2021
M. 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.
4/15/2021 Kauai County Council,Council/Committee Meeting
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LOUIII NCI L CALEN DAR (NOT PUBLIC)BLIC) I Government/County Council/Council Calendar(Not Public)
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Kauai County Council,Council/Committee Meeting Date/Time
Wednesday,April 21,2021 Wednesday,April 21,2021
Hawaiian Standard Time
• +Office of the Mayor
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
and for any other information related to the Kauai County Council,please visit 4396 Rice St,Lihue,HI 96766,USA
.w,ay50Rgy{4ouncil.Please call the Office of the County Clerk,Council Services Division at
(808)241-4188 for the current schedule and for any additional information. Follow And Share
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This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7.
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Click on the link below for a PDF file of the posted agenda:
April 21,2021 Council Meeting Agenda
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SCopyright 2021-County of Kauai I Privacy Statement I Terms Of Use I Disclaimers I Language Translation
https://www.kauai.gov/Council/Calendar/ctlNiewEvent/mid/3131/Occuranceld/5678 1/30
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair `�-t OF
Mason K.Chock,Vice - \1 r s 411_ ill We, Jade K.Fountain-Tanigawa,County Clerk
Bernard P. Carvalho,Jr. v Scott K. Sato,Deputy County Clerk
Felicia Cowden �'
Bill DeCosta tt+ •
Luke A.Evslin '21 APR 15 A8 :43 Telephone: (808)241-4188
KipuKai Kuali`i44' of Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
i.# f' . 1. Council Services Division
Tfi i ' Cl. 4396 Rice Street,Suite 209
WW1'? Of KAU/441 Llhu`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 Nineteenth
Supplementary Emergency Proclamation dated April 9, 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 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,
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