HomeMy WebLinkAbout 05/05/2021 Notice and Agenda, Council Meeting RECTIvED
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, MAY 5, 2021
8:30 A.M. OR SOON THEREAFTER 71 APR 29 A 28
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING ciria
4396 RICE STREET, SUITE 201 0E, VAITY CLOfW
Mini LIHU`E, KAUA`I, HAWAI`I 96766 Of4C0 i
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. April 21, 2021 Council Meeting
2. April 21, 2021 Public Hearing re: Bill No. 2820 and Bill No. 2821
E. CONSENT CALENDAR:
1. C 2021-106 Communication (01/26/2021) from the Director of Finance,
transmitting for Council information, the Period 1 through 5
Financial Reports — Statements of Revenues (Estimated and
Actual), Statements of Expenditures and Encumbrances,
Revenue Reports, and Detailed Budget Report for the period
July 1, 2020 through November 30, 2020, 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 the Periods 1 through 5 Financial
Reports for the Period July 1, 2020 through November 30, 2020 on
file in the Office of the County Clerk.)
2. C 2021-107 Communication (04/13/2021) from the Director of Finance,
transmitting for Council information, the Third Quarter
Statement of Equipment Purchases for Fiscal Year 2020-2021,
pursuant to Section 17 of Ordinance No. B-2020-866, relating
to the Operating Budget of the County of Kaua`i for Fiscal
Year 2020-2021.
COUNCIL MEETING AGENDA 2 MAY 5, 2021
3. C 2021-108 Communication (04/27/2021) 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
Transit Outreach Programs under Transportation Agency —
Administration, as he is the Director of Operations for the YWCA.
F. COMMUNICATIONS:
1. C 2021-109 Communication (04/07/2021) from Council Chair Kaneshiro,
requesting the presence of United States Senator Brian E. Schatz,
to provide an update on Federal and COVID-19-related funding
opportunities that could possibly affect the County of Kauai.
2. C 2021-110 Communication (04/13/2021) from the Acting County Engineer,
requesting Council approval to indemnify the State of Hawai`i as
outlined in Condition No. 2 of the State of Hawaii Department of
Land and Natural Resources' (DLNR) Conservation District Use
Permit (CDUP) KA-3856 letter for the Aliomanu Road Repair and
Revetment Project for erosion control along the damaged section of
Aliomanu Road located in Anahola, Kauai, Hawaii, Tax Map
Key (TMK) Nos. (4) 4-8-018:028 and 029, and seaward.
3. C 2021-111 Communication (04/13/2021) from the Acting County Engineer,
requesting Council approval to indemnify the State of Hawaii as
outlined in Condition No. 2 of the State of Hawaii Department of
Land and Natural Resources' (DLNR) Emergency CDUP KA-21-08
to install emergency sandbags along the damaged section of
Aliomanu Road located in Anahola, Kauai, Hawaii, Tax Map
Key (TMK) Nos. (4) 4-8-018:028 and 029, and seaward.
4. C 2021-112 Communication (04/21/2021) from the Director of Economic
Development, requesting after-the-fact Council approval to apply
for and receive technical assistance from the Department of
Energy's Energy Transitions Initiative Partnership Project, which
provides technical assistance to remote and island communities
around the United States to bolster their energy infrastructure,
reduce the risk of outages, and improve their future energy and
economic outlook.
COUNCIL MEETING AGENDA 3 MAY 5, 2021
G. LEGAL DOCUMENT:
1. C 2021-113 Communication (04/13/2021) from Jodi A. Higuchi Sayegusa,
Deputy Planning Director, requesting Council acceptance and
approval of a Dedication Deed, from B&D Properties, LLC,
Historic Plantation Center, LLC, and Kilauea Shops, LLC, to the
County of Kaua`i, Lot B and Lot E, for roadway purposes, Tax
Map Key (TMK) No. (4) 5-2-23:031 and TMK No. (4) 5-2-23:032:
• Dedication Deed
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.)
1. ES-1053 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 on a discrimination
claim by a Kaua`i Police Department employee, and related matters.
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.
I. ADJOURNMENT.
J. 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/webcastme etings.
COUNCIL MEETING AGENDA 4 MAY 5, 2021
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. 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 HAWAII, 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. 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.
4/29/2021 Kauai County Council,Council/Committee Meeting
• COUNCIL CALENDAR(NOT PUBLIC) * Government/County Council/Council Calendar(Not Public)
Event Detail
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it<Albfeeontsent When&Where
Kauai County Council,Council/Committee Meeting Date/Time
Wednesday,May 5,2021 Wednesday,May 5,2021
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
.w4y4riouncil.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.
• Arborist Committee M c),
Click on the link below for a PDF file of the posted agenda: --,,, ,"`'(r" '
May 5,2021 Council Meeting Agenda . dam.+
May 5,2021 Committee Meeting Agenda f
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Reviews
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https://www.kauai.gov/Council/Calendar/ctl/ViewEvent/mid/3131/Occuranceld/5682 1/30
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
OFF-
Arryl Kaneshiro,Chair F a r ,.,r'F s �i-9
Mason K.Chock,Vice Chair �0v '0 �� G,0\ Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. Scott K. Sato,Deputy County Clerk
Felicia Cowden
Bill DeCosta '21 APR 29 A 8 :2;�,,�;�� ;' a
Luke A.Evslin �•9j, �e. . �, r Telephone: (808)241-4188
KipuKai Kuali`i of Facsimile: (808)241-6349
qM tOF E-mail: cokcouncil@kauai.gov
Tfif rLuncil Services Division
e ` fi' y OF a/ 196 Rice 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 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 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, L3hu`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