HomeMy WebLinkAbout 09/15/2021 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA , a
WEDNESDAY, SEPTEMBER 15, 2021
8:30 A.M. OR SOON THEREAFTER 71 SEP -9 MO :7
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
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. September 1, 2021 Council Meeting
2. September 1, 2021 Public Hearing re: Bill No 2830
E. CONSENT CALENDAR:
1. C 2021-207 Communication (08/11/2021) from the Director of Finance,
transmitting for Council information, the Fourth 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.
F. COMMUNICATIONS:
1. C 2021-208 Communication (08/19/2021) from the Planning Director,
transmitting the Planning Commission's recommendation to
amend Chapter 10, Kaua`i County Code 1987, as amended,
relating to the Lihu`e Town Core Urban Design District. (Copies
of the Draft Ordinance for Zoning Amendment (ZA-2021-4),
Director's Report dated August 10, 2021, Supplemental Director's
Report dated August 10, 2021, Agency Comments from the
Department of Public Works-Engineering Division dated
July 30, 2021, and from the State Department of Health dated
July 16, 2021, and Planning Commission meeting minutes, on file
in the Office of the County Clerk.) (See Proposed Draft
Bill (No. 2836))
COUNCIL MEETING AGENDA 2 SEPTEMBER 15, 2021
2. C 2021-209 Communication (08/30/2021) from the Housing Director,
requesting Council approval to receive and expend Federal funds,
in the amount of $81,112.00, from the Homeowner Assistance
Program as authorized under Section 5001 of the Coronavirus
Aid, Relief, and Economic Security Act ("CARES Act") (Public
Law No: 116-136), to cover costs associated with the
administrative burden of implementing the Homeowner
Assistance Program.
3. C 2021-210 Communication (09/01/2021) from Councilmember Evslin and
Councilmember Chock, transmitting for Council consideration, A
Bill For An Ordinance To Amend Chapter 2, Article 1, Kaua`i
County Code 1987, As Amended, Relating To The Kaua`i County
Housing Agency. (See Proposed Draft Bill (No. 2837))
4. C 2021-211 Communication (09/02/2021) from Council Chair Kaneshiro,
requesting agenda time for a briefing from Spire Hawai`i, LLP
(external auditors), to provide a presentation on the Performance
Audit of the Department of Public Works, Solid Waste Division.
5. C 2021-212 Communication (09/03/2021) from the Managing Director,
requesting agenda time to provide a briefing on the spending
strategy for American Rescue Plan Act Non-Entitlement
Unit (ARPA-NEU) funds received by the County in accordance
with the Council's previous approval of agenda item C 2021-144
on June 16, 2021.
G. LEGAL DOCUMENT:
1. C 2021-213 Communication (09/08/2021) from the Acting County Engineer,
recommending Council approval, of a Limited Right-of-Entry
Permit and associated terms between the County of Kauai and
the State of Hawai`i Department of Hawaiian Home
Lands (DHHL), to allow for the removal of approximately
fifteen (15) cubic yards of sand from the Anahola River mouth
area situated at Tax Map Key (TMK) Nos. (4) 4-8-12:10 (por.) and
(4) 4-8-18:028 and 029 (por.), for the placement of sand bags to
repair erosion along Aliomanu Road in Anahola.
• Limited Right-of-Entry Permit
COUNCIL MEETING AGENDA 3 SEPTEMBER 15, 2021
H. CLAIMS:
1. C 2021-214 Communication (08/19/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Kelsie A. Norton, for
damage to her vehicle, pursuant to Section 23.06, Charter of the
County of Kauai.
2. C 2021-215 Communication (08/25/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Lyrisen and Julian
Brun, for damage to their vehicle, pursuant to Section 23.06,
Charter of the County of Kaua`i.
3. C 2021-216 Communication (08/26/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Darlien Pausch, for
personal injury and potential loss of income, pursuant to
Section 23.06, Charter of the County of Kauai.
I. COMMITTEE REPORTS:
1. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE:
a. CR-FED 2021-05: on 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) [Approved as Amended.]
b. CR-FED 2021-06: on 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) [Approved.]
c. CR-FED 2021-07: on 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 [Approved.]
COUNCIL MEETING AGENDA 4 SEPTEMBER 15, 2021
2. COMMITTEE OF THE WHOLE:
a. CR-COW 2021-09: on 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
[Approved as Amended.]
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2836) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 10, KAUAI COUNTY CODE 1987, AS AMENDED (County
of Kauai Planning Department, ZA-2021-4)
2. Proposed Draft Bill (No. 2837) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 2, ARTICLE 1, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE KAUAI COUNTY HOUSING AGENCY
K. BILLS FOR SECOND READING:
1. Bill No. 2825, Draft 1 — 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) (See also
CR-FED 2021-05; the Finance and Economic Development Committee recommended
approval as amended to Bill No. 2825, Draft 1 on September 1, 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)
(See also CR-FED 2021-06; the Finance and Economic Development Committee
recommended approval on second and final reading.)
3. Bill No. 2827 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 6, SECTION 6-1.3, KAUNI COUNTY CODE 1987, AS AMENDED,
RELATING TO DISPOSITION OF UNCLAIMED MONIES (See also
CR-FED 2021-07; the Finance and Economic Development Committee recommended
approval on second and final reading.)
4. Bill No. 2829, Draft 1—A BILL FOR AN ORDINANCE ESTABLISHING
CHAPTER 5, ARTICLE 4, KAUAI COUNTY CODE 1987, AS AMENDED,
IMPLEMENTING A COUNTY TRANSIENT ACCOMMODATIONS TAX (See also
CR-COW 2021-09; the Committee of the Whole recommended approval as amended to
Bill No. 2829, Draft 1 on September 1, 2021.)
COUNCIL MEETING AGENDA 5 SEPTEMBER 15, 2021
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.)
1. ES-1060 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
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 and request for
settlement authority in the matter of Alison Joan Sanchez v.
County of Kauai, et al., Civil No. 10-1-0265 JKW (Fifth Circuit
Court). This briefing and consultation involves the consideration
of the powers, duties, privileges, immunities, and/or liabilities of
the Council and the County as they relate to this agenda item.
M. ADJOURNMENT.
N. 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
COUNCIL MEETING AGENDA 6 SEPTEMBER 15, 2021
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,
HAWAI`I, TMK(4) 5-2-005-024, AND DETERMINING AND DECLARING THE
NECESSITY OF THE ACQUISITION THEREOF BY EMINENT DOMAIN
2. 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 (Tower Kauai Lagoons Sub 1, LLC; 2014 Kauai Lagoons
Golf, LLC; Tower Kauai Lagoons Land, LLC; Tower Kauai Lagoons Sub 7, LLC,
Applicant) (ZA-2021-3)
3. 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
4. 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
5. Bill No. 2835 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO.B-2021-877,AS AMENDED,RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2021 THROUGH JUNE 30, 2022, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND (Special Election - Prosecuting
Attorney - $475,000.00)
O. 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.
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g<,pb_______ _ When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,September 15,2021 Wednesday,September 15,2021
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
.whgvR4ouncil.Please call the Office of the County Clerk,Council Services Division at
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This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(MR5),Section 92 C7
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Click on the link below for a PDF file of the posted agenda:
September 15,2021 Council Meeting Agenda T +
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September 15,2021 Committee Meeting Agenda .m,
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• 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 , 'j of .,-
Mason K.Chock,Vice Chair f E C E I v E D 0 *, 9 Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. _ ^ "'• Scott K. Sato,Deputy County Clerk
Felicia Cowden +i-
Bill DeCosta ti/
Luke A.Evslin 71 SEP -9 AM 57 I" Telephone: (808)241-4188
KipuKai Kuali`i of Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
t , . of Council Services Division
)itiF i .r N u t 41096 Rice Street,Suite 209
Mt,*`I\ Of K A 1)Altai e,Kaua`i,Hawaii 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.
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