HomeMy WebLinkAbout 08/18/2021 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, AUGUST 18, 2021
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LIHU`E, KAUAI, HAWAII 96766
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A. MEETING CALLED TO ORDER.
euth�S I: r r!lY Cr- pE i s
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meeting of the Council:
1. August 4, 2021 Council Meeting
E. CONSENT CALENDAR:
1. C 2021-182 Communication (08/04/2021) from Councilmember Kuali`i,
transmitting for Council consideration, a Resolution Authorizing
The Acquisition Of Land For Public Use, To Wit: The 23.5-Acre
Parcel Of Land, Situated At Kilauea, District Of Koolau, County
Of Kauai, Hawai`i, TMK (4) 5-2-005-024, And Determining And
Declaring The Necessity Of The Acquisition Thereof By Eminent
Domain (See Resolution No. 2021-27)
F. COMMUNICATIONS:
1. C 2021-183 Communication (07/08/2021) from the Chief of Police, requesting
Council approval to partner with Corteva Agriscience on a Public
Safety Messaging campaign, whereby Corteva Agriscience, would
make direct payments totaling approximately $9,000.00 to KONG
Radio Station (KQNG FM 93.5), for radio airtime over the course
of the remaining 2021 calendar year, and the Kauai Police
Department (KPD) would create and read messages on the radio
covering various topics (i.e., traffic safety, ocean safety, crime
prevention tips et cetera) directed at residents and visitors to
Kaua`i, in return stating sponsorship by Corteva Agriscience.
COUNCIL MEETING AGENDA 2 AUGUST 18, 2021
2. C 2021-184 Communication (07/23/2021) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau,
requesting Council approval of the indemnification language
contained in the subscription service agreement for use of the
Garmin GPS devices by Kaua`i Police Department detectives for
search and rescue efforts.
3. C 2021-185 Communication (07/23/2021) from the Life's Choices Kaua`i
Coordinator, requesting Council approval to apply for, receive,
and expend additional State funds in the amount of$110,000.00,
and approval to indemnify the State of Hawai`i, Department of
Health, Alcohol and Drug Abuse Division (ADAD), Partnership
for Success (PFS) grant, for the reoccurring grant period of
September 30, 2021 through September 29, 2022, to support
coordination for a Substance Abuse Prevention System (SAPS)
and provide services to build capacity of the substance abuse
prevention system and support implementation of efforts to
address underage drinking.
4. C 2021-186 Communication (07/27/2021) from the Housing Director,
requesting Council approval to receive and expend Federal funds,
in the amount of$3,050,000.00, from the Homeowner Assistance
Program as authorized by the American Rescue Plan Act (ARPA)
of 2021 (Public Law No: 117-2), to mitigate financial hardships
associated with the Coronavirus pandemic by helping
homeowners at risk of losing their housing with payments for
qualified expenses related to mortgage and other housing costs.
The total subsidy per household may not exceed $30,000.00.
5. C 2021-187 Communication (07/28/2021) from the Fire Chief, requesting
Council approval to receive and expend State funds, in the
amount of $344,962.00, to provide lifeguard services at Ke`e
Beach, Ha'ena State Park, from July 1, 2021 through
June 20, 2022.
COUNCIL MEETING AGENDA 3 AUGUST 18, 2021
6. C 2021-188 Communication (07/29/2021) from the Deputy Planning Director,
transmitting for Council approval a request to apply for, receive,
and expend Transient Oriented Development (TOD) Capital
Improvement Program (CIP) Planning Funds in an amount of up
to $500,000.00, for pre-planning, master planning, other planning
studies, and infrastructure assessment for TOD projects and TOD
infrastructure identified through State-County consultation,
coordination, and collaboration aligned with shared TOD goals and
objectives, and to indemnify the State of Hawai`i in accordance with
the State of Hawai`i General Conditions (AG-008 103D) for
administering the subject program.
7. C 2021-189 Communication (07/29/2021) from the Deputy Planning Director,
transmitting the Planning Commission's recommendation to
approve the petition to amend Ordinance No. PM-2006-383, as
amended, by Ordinance No. PM-2009-394, Relating to Zoning
Designation in Nawiliwili, Kaua`i. (Copies of the Draft Ordinance
for Zoning Amendment (ZA-2021-3), Petition for a Boundary
Amendment, Director's Report dated June 30, 2021, Supplemental
Director's Report dated July 12, 2021, Testimony of public hearing
dated July 13, 2021, and an Excerpt of the July 13, 2021 Planning
Commission meeting minutes, on file in the Office of the County
Clerk.) (See Proposed Draft Bill (No. 2831))
8. C 2021-190 Communication (08/03/2021) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance
Amending Chapter 5, Section 5-2.4, Kaua`i County Code 1987, As
Amended, Relating To Motor Vehicle Certificate Of Ownership
And Registration Fees. (See Proposed Draft Bill (No. 2832))
9. C 2021-191 Communication (08/03/2021) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance
Amending Chapter 17, Section 17-1.1 Kaua`i County Code 1987,
As Amended, Relating To The General Provisions Relating To
Motor Vehicles And Traffic Regulations. (See Proposed Draft
Bill (No. 2833))
10.C 2021-192 Communication (08/04/2021) from the Executive on Aging,
requesting Council approval to receive and expend a total of
$210,453.00 in State General Funds for Fiscal Year 2022, and to
indemnify the State Executive Office on Aging, for Kupuna Care
services ($187,843)1.00) and Elder Abuse Case Management
services ($22,610.00), for the period starting July 1, 2021 through
June 30, 2022.
COUNCIL MEETING AGENDA 4 AUGUST 18, 2021
11.C 2021-193 Communication (08/05/2021) from the Executive on Aging,
requesting Council approval to receive and expend a total
of$38,782.00 in State General Funds for State Fiscal Year 2022,
and to indemnify the State Executive Office on Aging; funds will
be used for the provision of the Aging and Disability Resource
Center (ADRC), which includes staff development, outreach,
awareness, education, and collaboration with the No Wrong
Door (NWD) Network.
12.C 2021-194 Communication (08/11/2021) from Councilmember Evslin and
Councilmember Carvalho, transmitting for Council consideration,
A Bill For An Ordinance Amending Chapter 8, Kaua`i County
Code 1987, As Amended, Relating To The Comprehensive Zoning
Ordinance, And Chapter 22, Kaua`i County Code 1987, As
Amended, Relating To Public Health, Safety And Welfare (See
Proposed Draft Bill (No. 2834))
G. LEGAL DOCUMENT:
1. C 2021-195 Communication (08/04/2021) from the Acting County Engineer,
recommending Council approval of a Grant of Easement made by
and between the County of Kaua`i and 4253 Rice Street LLC,
conveying Lihu`e Town Core Project Easement Portion of Tax Map
Key (TMK) No. (4) 3-7-009:036, Lihu`e, Kaua`i, Hawai`i, for a
perpetual non-exclusive easement to build, construct, reconstruct,
rebuild, repair, maintain and operate electrical infrastructure,
curb, and sidewalk improvements for public access purposes.
• Grant of Easement (Easement A-1, "Fairview Business
Tract")
H. CLAIMS:
1. C 2021-196 Communication (08/03/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by McKenna Allen, for
towing fees, pursuant to Section 23.06, Charter of the County of
Kaua`i.
2. C 2021-197 Communication (08/04/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Foster Lee Brown III,
for damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
COUNCIL MEETING AGENDA 5 AUGUST 18, 2021
3. C 2021-198 Communication (08/04/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Russell Morita, for
damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
•
4. C 2021-199 Communication (08/09/2021) from the County Clerk, transmitting
a claim filed against the County of Kauai by Mia Melamed, for
towing fees, pursuant to Section 23.06, Charter of the County of
Kaua`i.
I. RESOLUTION:
1. Resolution No. 2021-27 — RESOLUTION AUTHORIZING THE
ACQUISITION OF LAND FOR PUBLIC USE, TO WIT: THE 23.5-ACRE PARCEL
OF LAND, SITUATED AT KILAUEA, DISTRICT OF KO`OLAU, COUNTY OF
KAUAI, HAWAII, TMK (4) 5-2-005-024, AND DETERMINING AND DECLARING
THE NECESSITY OF THE ACQUISITION THEREOF BY EMINENT DOMAIN
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2831) — A BILL FOR AN ORDINANCE
AMENDING ZONING CONDITIONS IN ORDINANCE NO. PM-2006-383, AS
AMENDED BY ORDINANCE NO. PM-2009-394, RELATING TO ZONING
DESIGNATION IN NAWILIWILI, KAUAI
2. Proposed Draft Bill (No. 2832) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5, SECTION 5-2.4, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO MOTOR VEHICLE CERTIFICATE OF OWNERSHIP
AND REGISTRATION FEES
3. Proposed Draft Bill (No. 2833) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 17, SECTION 17-1.1 KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO THE GENERAL PROVISIONS RELATING TO
MOTOR VEHICLES AND TRAFFIC REGULATIONS
4. Proposed Draft Bill (No. 2834) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE COMPREHENSIVE ZONING ORDINANCE, AND
CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
PUBLIC HEALTH, SAFETY AND WELFARE
COUNCIL MEETING AGENDA 6 AUGUST 18, 2021
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-1059 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, on behalf of the Council, requests an Executive
Session to consult with the County Attorney on matters related to the
Governor's Emergency Proclamation Related to the Covid-19
Response, specifically the vaccine and testing requirements for
County employees. 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 Response
Emergency Proclamation dated August 5, 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. 2825 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A,
SECTION 5A 1.20(b),KAUAI COUNTY CODE 1987,AS AMENDED,RELATING
TO REAL PROPERTY TAXES (Real Property Tax Overpayment)
COUNCIL MEETING AGENDA 7 AUGUST 18, 2021
2. Bill No. 2826 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A,
SECTIONS 5A-12.9 AND 5A-12.10, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO REAL PROPERTY TAXES (Real Property Tax
Appeals)
3. Bill No. 2827 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 6,
SECTION 6-1.3, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
DISPOSITION OF UNCLAIMED MONIES
4. Bill No.2828—A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A,KAUAI
COUNTY CODE 1987, AS AMENDED, ESTABLISHING A COMMERCIAL
VEHICULAR RENTAL REAL PROPERTY TAX CLASS
5. Bill No. 2829 — A BILL FOR AN ORDINANCE ESTABLISHING CHAPTER 5,
ARTICLE 4, KAUAI COUNTY CODE 1987,AS AMENDED, IMPLEMENTING A
COUNTY TRANSIENT ACCOMMODATIONS TAX
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 .�,j OF
OFFICE OF THE COUNTY CLERK
r
Arryl Kaneshiro,Chair ��. .1-
Mason K.Chock,Vice Chair "r`r"-t �' �G Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. Scott K. Sato,Deputy County Clerk
Felicia Cowden
Bill DeCosta �j,, Q
t
Luke A.Evslin '1 ME ?2 P12 .1 Qj �.r � Telephone: (808)241-4188
KipuKai Kuali`i of Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
t f Council Services Division
TAT ,;t1i1N1 Y CLEIV196 Rice Street, Suite 209
-MONTY 1W KAULMiu`e,Kauai,Hawai`i 96766
On August 5, 2021, Governor David Y. Ige issued an Emergency Proclamation related to
COVID-19 Response, which suspended Chapter 92 of the Hawai`i Revised Statutes (HRS),
relating to Public Agency Meetings and Records (also known as the Sunshine Law). 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,
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
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i<,Jb&'er¢ntment When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,August 18,2021 Wednesday,August 18,2021
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
o nowhivR6Ryisouncil.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 Hawai'i Revised Statutes(HRS)Section 92-7.
• +Boards and Commissions
Click on the link below for a PDF file of the posted agenda:
August 18,2021 Council Meeting Agenda
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