HomeMy WebLinkAbout 10/06/2021 Notice and Agenda, Council Meeting CEtV -�_..
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, OCTOBER 6, 2021
8:30 A.M. OR SOON THEREAFTER 71 SEP 30 A8 :48
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING r::* =41...0,-
4396 RICE STREET, SUITE 201 ?. .." ' Y CLJi4
LIHU`E, KAUAI, HAWAII 96766
Y t{A VA'
►
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. September 15, 2021 Council Meeting
2. September 15, 2021 Public Hearing re: Resolution No. 2021-27, Bill No. 2831,
Bill No. 2832, Bill No. 2833, and Bill No. 2835
E. CONSENT CALENDAR:
1. C 2021-217 Communication (09/21/2021) from the Director of Finance,
transmitting for Council information, the Condition of the County
Treasury Statement quarterly report as of June 7, 2021.
2. C 2021-218 Communication (09/24/2021) from the Mayor and the Boards &
Commissions Administrator, transmitting for Council information,
Mayoral appointments to the Kaua`i County Voters with Special
Needs Advisory Committee for the County of Kaua`i:
• Kimberly J. Blaum—Term ending 12/31/2024
• Ann E. Lemke —Term ending 12/31/2023
• Angenette M. Molina—Term ending 12/31/2022
• Joseph D. Thomson—Term ending 12/31/2023
• Marjorie E. Works—Term ending 12/31/2022
COUNCIL MEETING AGENDA 2 OCTOBER 6, 2021
F. COMMUNICATIONS:
1. C 2021-219 Communication (09/08/2021) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
for the third allotment in the amount of $128.00 for Fiscal
Year 2021 (total amount of funds including the previous approved
awards is $41,402.00), and to indemnify the State Executive Office
on Aging, for the Nutrition Services Incentive Program (NSIP)
provision of congregate and home-delivered meals.
2. C 2021-220 Communication (09/09/2021) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
in the amount of$2,109.00, and to indemnify the State Executive
Office on Aging, for the provision of Title III services of the Older
Americans Act, which includes Supportive Services, Congregate
Meals, Home-Delivered Meals, Preventive Health, and for Family
Caregivers, for the Federal Fiscal Year 2021 that began
October 1, 2020 and runs through September 30,.2024.
3. C 2021-221 Communication (09/10/2021) from the Executive on
Transportation, requesting Council approval of the County of
Kaua`i, Transportation Agency's submittal of its current Title VI
program to the Hawai`i Department of Transportation's Office of
Civil Rights, as a recipient of Federal Transit Administration
funds, which has been updated, reviewed, and approved through
consultation with the Office of the County Attorney.
4. C 2021-222 Communication (09/17/2021) from the Clerk of the Planning
Commission, transmitting the Planning Commission's
recommendation to amend Chapter 8, Kaua`i County Code 1987,
as amended, relating to Transient Accommodations. (Copies of the
Draft Ordinance for Zoning Amendment (ZA-2021-2), Planning
Commission Meeting Materials for July 13, 2021 and
September 14, 2021, and public testimony received after the
Planning Commission Action, on file in the Office of the County
Clerk.) (See Proposed Draft Bill (No. 2838))
COUNCIL MEETING AGENDA 3 OCTOBER 6, 2021
5. C 2021-223 Communication (09/21/2021) from the Chief of Police, Stan R.
Olsen, Deputy Chief of Police, and Bryson Ponce, Assistant Chief of
Police, Investigative Services Bureau, requesting Council approval
to receive and expend recurring Federal funds, in the amount of
$44,481.00, from the Edward J. Byrne Memorial Justice Assistance
Grant (JAG) Project No. 19-DJ-03 (2019-DJ-BX-0069), and to
indemnify the State of Hawai`i, Department of the Attorney
General, funding will be used for drug-related investigations,
training, K9 supplies, communication equipment, eradication
projects, and travel to other islands for joint operations with other
law enforcement agencies.
6. C 2021-224 Communication (09/23/2021) from the Director of Finance,
requesting Council approval of the indemnification provision
contained in the Avolve ProjectDox software Terms and Conditions
for upgrade and migration to the latest version of Avolve
ProjectDox, which is used to manage the building permit system.
7. C 2021-225 Communication (09/24/2021) from the Director of Finance,
requesting Council approval of the Bank of Hawai`i Merchant
Application and Terms, which includes indemnification provisions,
unquantifiable fees, and unspecified future obligations for the
collection of the County of Kaua`i's Transient Accommodations
Tax (KTAT) via credit/debit card payments or Automated Clearing
House (ACH) withdrawal.
8. C 2021-226 Communication (09/28/2021) from the Acting County Engineer,
requesting Council approval of the unbudgeted equipment
purchase of a Grader in lieu of the currently budgeted Smooth
Drum Roller to be used at the Kekaha Landfill and soil harvesting
site in Paua Valley. The Smooth Drum Roller is currently budgeted
at $314,000.00 and the Grader will cost $465,000.00, an increase of
$151,000.00 in the annual lease financing payment to be funded
from the unexpended rental budget in the Department of Public
Works, Solid Waste Division.
G. CLAIMS:
1. C 2021-227 Communication (09/03/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Darlene Hatakeyama,
for damage to her vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
COUNCIL MEETING AGENDA 4 OCTOBER 6, 2021
2. C 2021-228 Communication (09/17/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by DB Insurance, as
subrogee of Wendalen Gonzalez, for personal property damage,
pursuant to Section 23.06, Charter of the County of Kaua`i.
H. COMMITTEE REPORT:
1. COMMITTEE OF THE WHOLE:
a. CR-COW 2021-10: on Bill No. 2830 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 3, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO FINANCIAL
DISCLOSURES [Approved.]
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
(Public hearing held on September 15, 2021)
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2822) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED
RELATING TO TRANSIENT ACCOMMODATIONS (Referred to the Planning
Commission on April 7, 2021)
2. Proposed Draft Bill (No. 2838) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO TRANSIENT ACCOMMODATIONS (Kauai County Council,
Applicant) (ZA-2021-2—Planning Commission Recommendation)
K. BILL FOR SECOND READING:
1. Bill No. 2830 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 3, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
FINANCIAL DISCLOSURES (See also CR-COW 2021-10; the Committee of the Whole
recommended approval on second and final reading.)
COUNCIL MEETING AGENDA 5 OCTOBER 6, 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-1061 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 Matthew Mannisto, Esq., as
Personal Representative of the Estate of Leslie Gae Lutao,
Deceased, et al. vs. County of Kaua`i, et al., Civil No. 19-1-0107
JKW(Fifth Circuit Court), and related matters. 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. 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.
,Cauti c . /
(r, ,k' : ArjA Km, a 1
41110
• COUNCIL CALENDAR (NOT PUBLIC) * Government/County Council/Council Calendar(Not Public)
Event Detail
ae I 01 Jessica Young Logout
g<,(It>Bggntgent
When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,October 6,2021 Wednesday,October 6,2021
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
.wApftsboR6R,Nouncil.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
mAt
` •. - ax ort tocalendar
P :�,, 11 -`,`ice _�--�-.-''.'-.—'—`-�}."`""" ,ssa— p my
e.‘MI ./ ii- 110,
721
This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7.
• +Boards and Commissions 3``" ,: 1
Click on the link below fora PDF file of the posted agenda: ' *Ti
October 6,2021 Council Meeting Agenda >' ' •
To
t5cMigrk Rini regrfnittee Meeting Agenda OD
0
Reviews
oard▪ Jsof BAN a comment...
Posting as Jessica Young Logout
Comment
• Board of Review
• No comments,be the first one to comment this event!
COUNTY COUNCIL ® �C�`,G" OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair ! 1 L�' L. $"' Y ToF
Mason K.Chock,Vice Chair Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. o ' Scott K.Sato,Deputy County Clerk
Felicia Cowden 4: O +i
Bill DeCosta 21 SEP 30 A�' a :;
Luke A.Evslin q4 Telephone: (808)241-4188
KipuKai Kuali`i ,�, of Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
�[ cd Services Division
SOW*
" 4396 Rice Street,Suite 209
LYhu`e,Kauai,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 Hawaii 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 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