HomeMy WebLinkAbout 12/15/2021 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, DECEMBER 15, 2021
8:30 A.M. OR SOON THEREAFTER 71 OEC -9 18 :17
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING R= `
4396 RICE STREET, SUITE 201 TY'
LIHU`E, KAUA`I, HAWAI`I 96766 I r'� r�
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meeting of the Council:
1. December 1, 2021 Council Meeting
E. CONSENT CALENDAR:
1. C 2021-268 Communication (11/30/2021) from Councilmember Carvalho and
Councilmember DeCosta, transmitting for Council consideration,
a Resolution Acknowledging The Increasing Scourge Of Drugs In
Our Community And Encouraging Heightened Enforcement
Within Drug-Free Zones. (See Resolution No. 2021-51)
F. COMMUNICATIONS:
1. C 2021-269 Communication (11/30/2021) from the Executive on
Transportation, requesting Council approval to receive and expend
the Federal Transit Administration (FTA) Section 5311 American
Rescue Plan Act of 2021 (ARP) grant, in the amount of
$1,879,773.00, and to indemnify the FTA. This Section 5311 grant
will be used to support the continued operation of essential public
bus transit services for the County of Kaua`i.
COUNCIL MEETING AGENDA 2 DECEMBER 15, 2021
2. C 2021-270 Communication (12/01/2021) from the Executive on Aging,
requesting Council approval to apply for, receive, and expend
Year 2 grant funding awarded by the Corporation for National
and Community Service to the County of Kaua`i, Agency on
Elderly Affairs, Kaua`i Retired and Senior Volunteer
Program (RSVP) for the three-year period of April 1, 2021 to
March 31, 2024, in the amount of$75,000.00 per year, combined
with matching County funds in the amount of $181,577.00, to
assist Kaua`i RSVP in carrying out the national service program
as authorized by the Domestic Volunteer Service Act of 1973, as
amended (42 U.S.C., Chapter 22).
3. C 2021-271 Communication (12/03/2021) from the County Attorney on behalf
of the Housing Director, requesting authorization to expend funds
up to $150,000.00 to retain Special Bond Counsel to advise the
Housing Agency on the issuance of tax-exempt Private Activity
Bonds to finance the development of affordable housing.
G. CLAIMS:
1. C 2021-272 Communication (12/01/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Mario Yriarte, for
damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
2. C 2021-273 Communication (12/02/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Wilfred Kaui, Jr., for
personal injury, injury to his horse, and related medical bills,
pursuant to Section 23.06, Charter of the County of Kaua`i.
3. C 2021-274 Communication (12/02/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Aaron Swanson, for
damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
H. COMMITTEE REPORTS:
1. PLANNING COMMITTEE:
a. CR-PL 2021-05: on 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) [Approved as Amended.]
COUNCIL MEETING AGENDA 3 DECEMBER 15, 2021
2. COMMITTEE OF THE WHOLE:
a. CR-COW 2021-12: on Bill No. 2839 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 (General Liability -
$900,000.00) [Approved.]
b. CR-COW 2021-13: on Bill No. 2840 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 (County of Kaua`i
Transient Accommodations Tax -
$9,000,000.00) [Approved.]
I. RESOLUTION:
1. Resolution No. 2021-51 - RESOLUTION ACKNOWLEDGING THE
INCREASING SCOURGE OF DRUGS IN OUR COMMUNITY AND
ENCOURAGING HEIGHTENED ENFORCEMENT WITHIN DRUG-FREE ZONES
J. BILLS FOR SECOND READING:
1. Bill No. 2044 - A BILL FOR AN ORDINANCE TO AMEND OPEN
DISTRICT DESIGNATIONS ON ZONING MAP ZM-PR700 AT PRINCEVILLE,
KAUAI, HAWAII (Deferred Indefinitely on November 25, 2020)
2. Bill No. 2831, Draft 1 - 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) (See also CR-PL 2021-05; the Planning Committee
recommended approval as amended to Bill No. 2831, Draft 1 on December 1, 2021.)
COUNCIL MEETING AGENDA 4 DECEMBER 15, 2021
3. Bill No. 2839 — 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 (General Liability — $900,000.00) (See also
CR-COW 2021-12; the Committee of the Whole recommended approval on second and
final reading.)
4. Bill No. 2840 — 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 (County of Kaua`i Transient
Accommodations Tax— $9,000,000.00) (See also CR-COW 2021-13; the Committee of
the Whole recommended approval on second and final reading.)
K. EXECUTIVE SESSION: Pursuant to Hawai`i 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-1067 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 to provide
a briefing to approve a settlement amount as part of the Opioid
Litigation against McKesson, Cardinal Health,
AmerisourceBerge, Janssen Pharmaceuticals, Inc., and Johnson
& Johnson, 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.
2. ES-1068 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 to provide
a briefing as it relates to the New Kaua`i Landfill Siting, 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.
L. ADJOURNMENT.
COUNCIL MEETING AGENDA 5 DECEMBER 15, 2021
M. PUBLIC HEARING NOTE: Pursuant to Governor David Y. Ige's COVID-19 Emergency
Proclamation dated November 29, 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, Hawaii 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
during regular business hours (7:45 a.m. to 4:30 p.m., Monday through Friday, excluding
holidays). 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. 2841 — 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 (Liability Insurance Premiums -
$315,000.00)
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.
• COUNCIL CALENDAR (NOT PUBLIC) * Government/County Council/Council Calendar(Not Public)
Event Detail
8 I Jessica Young L4gg i
t<Aib&nnment When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,December 15,2021 Wednesday,December 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 Bui ding
and for any other information related to the Kaua'i County Council,please visit 4396 Rice St,Lihue,HI 96766,USA
•�MWThIS�NRieLtiouncil.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. .,.
• +Boards and Commissions
Click on the link below for a PDF file of the posted agenda: C:0
December 15,2021 Council Meeting Agenda
befiNSOCEPT920Etimmittee Meeting Agenda
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COUNTY COUNCIL -- OFFICE OF THE COUNTY CLERK
Anyl Kaneshiro,Chair
Mason K.Chock,Vice Chair %p ,.f*: �'y\ Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. ''; Scott K. Sato,Deputy County Clerk
Felicia Cowden ! ' '
Bill DeCosta
Ott Luke A.Evslin "9 17 y es?, 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
LThu`e,Kaua`i,Hawai`i 96766
On November 29, 2021, Governor David Y. Ige issued an 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). 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 during regular business hours
(7:45 a.m. to 4:30 p.m., Monday through Friday, excluding holidays). 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