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Home My WebLink About 06/02/2021 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, JUNE 2, 2021 8:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING RECEIVED 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766 '21 MAY 27 A10 :47 A. MEETING CALLED TO ORDER. fla STYES B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. May 14, 2021 Special Council Meeting 2. May 19, 2021 Council Meeting E. CONSENT CALENDAR: 1. C 2021-114 Communication (05/07/2021) from the Mayor, submitting his Supplemental Budget Communication for Fiscal Year 2021-2022 and Proposed Amendments to the Budget Bills, pursuant to Section 19.02A of the Kaua`i County Charter (Public Hearing held on May 26, 2021) 2. C 2021-122 Communication (05/03/2021) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Tess Kimie Shimabukuro to the Liquor Control Commission — Term ending 12/31/2023. (See Resolution No. 2021-22) 3. C 2021-123 Communication (05/14/2021) from the Hawaii State Association of Counties (HSAC) President, transmitting for Council consideration, HSAC nomination of Councilmember KipuKai Kuali`i, County of Kauai, and Councilmember Tommy Waters, City and County of Honolulu, to serve on the Board of Directors for the National Association of Counties (NACo), and nomination of Councilmember Kelly T. King, County of Maui, and Councilmember Herbert "Tim" Richards, III, County of Hawaii, to serve on the Board of Directors for the Western Interstate Region (WIR), pursuant to Section 5A and Section 5C of the Bylaws of the Hawaii State Association of Counties, Inc. (See Resolution No. 2021-23) COUNCIL MEETING AGENDA 2 JUNE 2, 2021 4. C 2021-124 Communication (05/17/2021) from the Director of Finance, transmitting for Council information, the Period 10 Financial Reports — Statement of Revenues, Statement of Expenditures and Encumbrances, Revenue Report, and Detailed Budget Report as of April 30, 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 10 Financial Reports as of April 30, 2021 on file in the Office of the County Clerk.) 5. C 2021-125 Communication (05/20/2021) from the Hawaii State Association of Counties (HSAC) President, transmitting for Council consideration, HSAC's Fiscal Year 2022 Proposed Operating Budget, pursuant to Section 21 of the Bylaws of the Hawai`i State Association of Counties, Inc. (See Resolution No. 2021-24) F. COMMUNICATIONS: 1. C 2021-126 Communication (05/07/2021) from the Deputy Planning Director, requesting Council approval to receive and expend Federal/State funds for the Hawai`i Coastal Zone Management (CZM) Program in an amount up to $351,692.00, and to indemnify the State of Hawai`i in accordance with the State of Hawai`i General Conditions (AG-008 103D) for administering the program. This pass-through grant funding will be utilized to continue the implementation of the CZM Program on Kaua`i commencing July 1, 2021 to June 30, 2022 and be expended on salaries/wages, travel, equipment, and supplies for the CZM Program, specifically for the implementation and enforcement of the Special Management Area Rules and Regulations of the County of Kaua`i and Shoreline Setback provisions of Chapter 8 of the Kaua`i County Code 1987, as amended. 2. C 2021-127 Communication (05/11/2021) from the Emergency Management Administrator, requesting Council approval to receive and expend State funds, in the amount of$50,000.00, for the Fiscal Year 2020, from the United States Department of Homeland Security, via the State of Hawai`i Department of Defense — Hawai`i Emergency Management Agency, to be used to support ongoing media campaigns to provide information on COVID-19 topics such as testing, vaccines, mental health services, et cetera. COUNCIL MEETING AGENDA 3 JUNE 2, 2021 3. C 2021-128 Communication (05/17/2021) from the Acting County Engineer, requesting Council approval to use $35,000.00 from the Department of Public Works, Wastewater Division's Repair and Maintenance (R&M) account for the unbudgeted equipment purchase of a replacement pump for the Fire Station Sewage Pump Station (SPS) in Hanapepe, to replace aging equipment that is essential to restore the designed redundancy for the SPS. 4. C 2021-129 Communication (05/17/2021) from the Acting County Engineer, requesting Council approval to use $120,000.00 from the Department of Public Works, Wastewater Division's Repair and Maintenance (R&M) account for the unbudgeted equipment purchase of a trailer-mounted bypass pump, to support the emergency needs for the Kapaia Sewage Pump Station (SPS), Marriott SPS, and the Fire Station SPS in Hanapepe. 5. C 2021-130 Communication (05/18/2021) from the Executive on Aging, requesting Council approval to receive and expend a total of $644,815.00 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, homemaker, kupuna care transportation, personal care, and home-delivered meals. 6. C 2021-131 Communication (05/18/2021) from the Prosecuting Attorney, requesting Council approval to receive and expend Federal Funds in the amount of $73,880.00, and to indemnify the State of Hawai`i, Department of the Attorney General, to be used for salaries/wages and supplies for the Domestic Violence Prosecution Unit. This tentative recurring grant and funds will be utilized for the period commencing June 16, 2021 to May 31, 2022. 7. C 2021-132 Communication (05/19/2021) from the Executive on Transportation, requesting Council approval of the unbudgeted equipment purchase of twelve (12) new handheld radios and charging stations, which will replace remaining obsolete models, at a total cost of $53,693.13, in preparation for 2021 Hurricane Season. COUNCIL MEETING AGENDA 4 JUNE 2, 2021 8. C 2021-133 Communication (05/19/2021) from the Chief of Police and Mark Begley, Assistant Chief of Police, Patrol Services Bureau, requesting Council approval to receive and expend recurring State funds with the initial contracted amount of $50,326.42, which funds three (3) Emergency Services Dispatcher positions for the first quarter, with a total anticipated amount for the Fiscal Year of $201,305.68, and approval to indemnify the State of Hawai`i, Department of Health, Emergency Medical Services & Injury Prevention System Branch, for the contracted period of July 1, 2021 to June 30, 2022. 9. C 2021-134 Communication (05/20/2021) from the Acting County Engineer, transmitting for Council consideration, A Bill For An Ordinance Amending Chapter 16, Kaua`i County Code 1987, As Amended, Relating To Traffic Code, to broaden the types of traffic calming measures available to be to employed across the spectrum of road types islandwide. (See Proposed Draft Bill (No. 2824)) 10. C 2021-135 Communication (05/20/2021) from the Director of Finance, requesting Council approval of the "Payment" clause contained in Section 5 of the Datawatch Software License Agreement for the purchase of two (2) software licenses with an estimated cost of $4,000.00, which allows for data extraction from the County's main financial system to be exported into more recognizable and workable formats such as Excel, Comma-Separated Values (CSV) files, Access Database, et cetera, as the current data extraction software is expired and no longer supported by current platforms. G. CLAIMS: 1. C 2021-136 Communication (05/07/2021) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Helena Rachner, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 2. C 2021-137 Communication (05/10/2021) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Kaua`i Air Conditioning & Refrigeration Inc., for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. COUNCIL MEETING AGENDA 5 JUNE 2, 2021 3. C 2021-138 Communication (05/20/2021) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Hawaiian Telcom, Inc., for property damage, pursuant to Section 23.06, Charter of the County of Kaua`i. H. COMMITTEE REPORTS: 1. COMMITTEE OF THE WHOLE: a. CR-COW 2021-04: on 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) [Approved.] b. CR-COW 2021-05: on COW 2021-02 Communication (05/14/2021) from Committee Chair Kaneshiro, transmitting the proposed increases to, deductions from, and other proposed amendments (plus/minus sheets) to the Mayor's Fiscal Year 2021-2022 Annual Operating and Capital Improvement Projects Budgets. [Received for the Record.] c. CR-COW 2021-06: on 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 [Approved.] d. CR-COW 2021-07: on 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) [Approved as Amended.] COUNCIL MEETING AGENDA 6 JUNE 2, 2021 e. CR-COW 2021-08: on 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) [Approved as Amended.] 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 (See also CR-COW 2021-06; the Committee of the Whole recommended approval on May 26, 2021.) 2. Resolution No. 2021-22 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Tess Kimie Shimabukuro) 3. Resolution No. 2021-23 — RESOLUTION APPROVING THE HAWAII STATE ASSOCIATION OF COUNTIES NOMINEES TO THE NATIONAL ASSOCIATION OF COUNTIES BOARD OF DIRECTORS AND WESTERN INTERSTATE REGION BOARD OF DIRECTORS FOR FISCAL YEAR 2021-2022 4. Resolution No. 2021-24 — RESOLUTION APPROVING THE PROPOSED FISCAL YEAR 2021-2022 OPERATING BUDGET FOR THE HAWAII STATE ASSOCIATION OF COUNTIES J. BILL FOR FIRST READING: 1. Proposed Draft Bill (No. 2824) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 16, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO TRAFFIC CODE K. BILLS FOR SECOND READING: 1. Bill No. 2818, Draft 1 — 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) (See also CR-COW 2021-07; the Committee of the Whole recommended approval as amended to Bill No. 2818, Draft 1 on May 26, 2021.) COUNCIL MEETING AGENDA 7 JUNE 2, 2021 2. Bill No. 2819, Draft 1 —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) (See also CR-COW 2021-08; the Committee of the Whole recommended approval as amended to Bill No. 2819, Draft 1 on May 26, 2021.) 3. 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) (See also CR-COW 2021-04; the Committee of the Whole recommended approval on second and final reading.) 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.) 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.KAUALGOV/WEBCASTMEETINGS. • ciunt44 ( . 0 El c- `a3 • LOU NCI L CALEN DAR (NOT PUBLIC)ia }._ Government/County Council/Council Calendar(Not Public) Event Detail MB I 0 I Jessica Young Logout g<fib6reEntsent When&Where Kauai County Council,Council/Committee Meeting Date/Time Wednesday,June 2,2021 Wednesday,June 2,2021 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 Kaua'i County Council,please visit 4396 Rice St,Lihue,HI 96766,USA .w 41.4 yfrsouncil.Please call the Office of the County Clerk,Council Services Division at (808)241-4188 for the current schedule and for any additional information. 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' .11011, ,,,,,ea --Of''''' r ,= may►• ;� P~ / . , 1 ... ......: if • F 11 1 `,- = ri i i 4 Liiiiii ii 14i; VA, ...:11 1111," This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7. ■ Arborist Committee Click on the link below for a PDF file of the posted agenda: June 2,2021 Council Meeting Agenda • Board of Ethics Reviews Add a comment... ■ Board of Review Posting as Jessica Young LogQJ Comment .NRar aieOypfSst one to comment this event! 0 Copyright 2021-County of Kauai I Privacy Statement I Terms Of Use I Disclaimers I Language Translation COUNTY COUNCIL OFFICE OF THE COUNTY CLERK Arryl Kaneshiro,Chair of 4- ` Mason K.Chock,Vice Chair pG ` Jade K.Fountain-Tanigawa,County Clerk Bernard P.Carvalho,Jr. I Scott K.Sato,Deputy County Clerk Felicia Cowden Bill DeCosta 121 mAY 27 „.O :44 Luke A.Evslin �j� �, ' Telephone: (808)241-4188 KipuKai Kuali`i OF Facsimile: (808)241-6349 E-mail: cokcouncil@kauai.gov Council Services Division 4396 Rice Street,Suite 209 Lihu`e,Kauai,Hawai`i 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, 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