HomeMy WebLinkAbout03/25/2020 Notice and Agenda, Council Meeting COUNTY COUNCIL of OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair 4�t 4-.�.
Ross Kagawa,Vice Chair p4� Jade K.Fountain-Tanigawa,County Clerk
Arthur Brun
,ram Scott K.Sato, Deputy County Clerk
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Mason K.Chock _n •i
Felicia CowdenAux �
Luke A.Evslin yj THFo�pp�o' 4 �a r';Teo ho2 808)241-4188
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KipuKai Kuali`i of Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
Council Services Division
4396 Rice Street,Suite 209 i;
Lihu`e, Kauai,Hawaii 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). 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 holding meetings open to the public. 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, live streaming of meetings, and
posting minutes of meetings online. No board deliberation or action shall be invalid,
if such measures are not taken.
The Kaua`i County Council's meetings 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.
• 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
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, MARCH 25, 2020
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LIHU`E, KAUA`I, HAWAI`I 96766
'20 MAR 19 P 2 :29
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. CONSENT CALENDAR:
1. C 2020-81 Communication (02/10/2020) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Helen A. Cox (Environmental) to the Planning Commission —
Term ending 12/31/2020. (See Resolution No. 2020-17)
2. C 2020-82 Communication 02/19/202( 0) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Francis Paul DeGracia, Jr. (Labor) to the Planning Commission
—Term ending 12/31/2022. (See Resolution No. 2020-18)
3. C 2020-83 Communication (02/28/2020) from the Director of Finance,
transmitting for Council information, the 2020 Real Property
Assessment List of the County of Kaua`i, pursuant to
Section 5A-2.2, Kaua`i County Code 1987, as amended. (2020
Real Property Assessment List on file in the Office of the County
Clerk.)
4. C 2020-84 Communication (03/02/2020) from the Director of Finance,
transmitting for Council information, the Period 6 Financial
Reports — Statement of Revenues, Statement of Expenditures
and Encumbrances, Revenue Report, and Detailed Budget
Report as of December 31, 2019, pursuant to Section 21 of
Ordinance No. B-2019-856, relating to the Operating Budget of
the County of Kaua`i for Fiscal Year 2019-2020. (Copies of Period
6 Financial Reports as of December 31, 2019 on file in the Office of
the County Clerk.)
COUNCIL MEETING AGENDA 2 MARCH 25, 2020
5. C 2020-85 Communication (03/03/2020) from the Housing Director,
transmitting for Council consideration, a Resolution
Authorizing The Filing Of The Kaua`i County 2020 Action
Plan (Community Development Block Grant) With The
Department Of Housing And Urban Development, United
States Of America, For A Grant Under Title I Of The Housing
And Community Development Act Of 1974 And 1987
(Public Laws 93-383 And 100-242), As Amended. (See
Resolution No. 2020-19)
6. C 2020-86 Communication (03/04/2020) from the Housing Director,
transmitting for Council consideration, a Resolution
Authorizing The Filing Of The Kauai County 2020 Action Plan
(HOME Investment Partnership Program) With The
Department Of Housing And Urban Development, United
States Of America, For A Grant Under Title II Of The
Cranston-Gonzalez National Affordable Housing Act (Public
Law 101-625), As Amended. (See Resolution No. 2020-20)
7. C 2020-87 Communication (03/04/2020) from the Director of Finance,
transmitting for Council information, the Condition of the
County Treasury Statement quarterly report as of
November 7, 2019.
8. C 2020-88 Communication (03/11/2020) from Council Chair Kaneshiro,
providing written disclosure of a possible conflict of interest and
recusal relating to C 2020-73, regarding the Property
Adjustment Agreements for the clearing of debris and dredged
material from the Waihohonu Stream, as he is employed with
Grove Farm, Incorporated.
9. C 2020-89 Communication (03/12/2020) from Council Chair Kaneshiro,
transmitting for Council consideration, a Resolution Amending
Resolution No. 2019-03 Relating To The Appointment Of The
Chairpersons, Vice Chairpersons, And Members Of The Several
Standing Committees Of The Council Of The County Of Kauai.
(See Resolution No. 2020-21)
10.C 2020-90 Communication (03/13/2020) from Council Chair Kaneshiro,
transmitting for Council consideration, a Resolution Amending
Resolution No. 2019-02, Relating To The Rules Of The
Council Of The County Of Kauai For The Organization Of
Committees And The Transaction Of Business. (See
Resolution No. 2020-22)
COUNCIL MEETING AGENDA 3 MARCH 25, 2020
11.0 2020-91 Communication (03/13/2020) from the Director of Human
Resources, transmitting for Council information, the
March 15, 2020 Vacancy Report, pursuant to Section 24 of
Ordinance No. B-2019-856, relating to the Operating Budget of
the County of Kauai for Fiscal Year 2019-2020.
12.C 2020-92 Communication (03/13/2020) from the Director of Finance,
transmitting for Council information, supplemental real property
tax revenue information pertaining to the estimated reduction in
real property tax revenues resulting from the Home Preservation
Limit and Very Low Income tax relief measures enacted by the
Kaua`i County Council, factored with the existing real property
tax rates, and based on the Real Property Assessment
Certification for Fiscal Year 2021.
E. COMMUNICATIONS:
1. C 2020-93 Communication (02/20/2020) from Elliott K. Ke, Captain, Office of
the Chief of Police, requesting Council approval of the
indemnification provision in the End User License Agreement
(EULA) and Terms and Conditions for the Kauai Police
Department's small Unmanned Aircraft System (sUAS), to allow
the Kauai Police Department (KPD) to procure the software
license for the Pix4D mapping software to produce high quality
visual and measurement images through the use of the
Department's sUAS program.
2. C 2020-94 Communication (02/26/2020) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Chapter 8, Section 8-2.4, Kaua`i
County Code 1987, as amended, relating to the Table of Uses.
(Copies of the Draft Ordinance for Zoning Amendment (ZA-2020-
6); Director's Report; and Supplement to the Director's Report
(February 11, 2020 and February 25, 2020), on file in the Office of
the County Clerk.) (See Proposed Draft Bill (No. 2781)
3. C 2020-95 Communication (02/28/2020) from the Salary Commission,
transmitting for the Council's information and consideration, the
Salary Commission's Resolution No. 2020-1 and
Resolution No. 2020-2, Relating to the Salaries of Certain Officers
and Employees of the County of Kaua`i, which was adopted by the
Salary Commission at its January 23, 2020 meeting.
• Salary Commission Resolution No. 2020-1
• Salary Commission Resolution No. 2020-2
COUNCIL MEETING AGENDA 4 MARCH 25, 2020
4. C 2020-96 Communication (03/03/2020) from the Housing Director,
requesting Council approval to receive and expend the Reversion
of Capital Improvement Project (CIP) Funds from the State
Department of Land and Natural Resources (DLNR) in the
amount of $195,081.48 to the County of Kauai, for the Spark
Matsunaga Memorial at Kealaula located on the Pua Loke project.
5. C 2020-97 Communication (03/04/2020) from the Executive on
Transportation, requesting Council approval to apply for, receive,
and expend, a Fiscal Year 2020 Federal Transit
Administration (FTA) Section 5339(c) Low or No
Emission (Low-No) Bus Program competitive grant, in the
amount of $2,550,000.00, and to indemnify the FTA. This
Section 5339(c) grant will provide eighty-five percent (85%) of
the cost to replace three (3) diesel-powered buses exceeding their
useful service lives with three (3) electric-powered buses, and
provide for the design and construction of depot charger ports
required for electric bus charging.
6. C 2020-98 Communication (03/05/2020) from the Acting County Engineer,
requesting Council approval to use existing budgeted funds to
reprioritize the purchase of a backhoe to an unbudgeted excavator
at a cost of $130,000.00, which will be utilized at the Hanalei
Refuse Transfer Station.
7. C 2020-99 Communication (03/09/2020) from Bryson Ponce, Assistant Chief
of Police, Investigative Services Bureau, recommending Council
approval:
a. To enter into a Letter of Agreement (LOA)
reimbursement program with the Drug Enforcement
Administration (DEA) of the United States Department
of Justice (DOJ), to provide as well as receive assistance
from other Police Departments, State and Federal
Agencies in the fight against drug, gun, and persons
related crimes;
b. To receive $42,000.00 as payment for overtime, vehicle
and aircraft rentals, training, replacement of old
equipment, and purchase of new technology; and
c. Of the indemnification provisions contained in
Agreement Number 2020-59.
COUNCIL MEETING AGENDA 5 MARCH 25, 2020
8. C 2020-100 Communication (03/11/2020) from the Director of Human
Resources, transmitting for Council consideration, the cost items
for the Hawaii Government Employees Association (HGEA)
Bargaining Unit 4 for period July 1, 2019 to June 30, 2021,
pursuant to Hawaii Revised Statutes (HRS) Section 89-11
Kauai County Charter Section 19.13B. The terms of the
Collective Bargaining Agreement were recently ratified by the
employees of Bargaining Unit 4. (See Proposed Draft Bill
(No. 2782))
9. C 2020-101 Communication (03/11/2020) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend
Federal funds in the amount of $284,784.00, and approval to
indemnify the State of Hawaii, Department of Attorney General,
for the Kauai Victims of Crime Act (VOCA) Expansion
Project 18-V2-03 for the period of July 1, 2020 through
June 30, 2021.
10.C 2020-102 Communication (03/13/2020) from the Mayor, transmitting his
Fiscal Year 2020-2021 Budget Message, along with the proposed
Operating Budget, Capital Improvement Projects (CIP) Budget,
and Schedule of Charges and Fees. (Detailed Line Item Budget on
file in the Office of the County Clerk.) (See Proposed Draft Bill
(No. 2779), Proposed Draft Bill (No. 2780), and the proposed
Fiscal Year 2020-2021 Real Property Tax Rate Resolution
No. 2020-16)
11.C 2020-103 Communication (03/13/2020) from the Mayor, transmitting for
Council consideration, the following revenue bills related to
Administration's Fiscal Year 2020-2021 March Budget Submittal:
• A Bill For An Ordinance Amending Chapter 5, Kaua`i
County Code 1987, As Amended, Relating To Motor
Vehicles Certificate Of Ownership And Registration Fees;
• A Bill For An Ordinance Amending ,Chapter 19,
Section 19-1.9, Kauai County Code 1987, As Amended,
Relating To Schedule Of Fees And Deposits;
• A Bill For An Ordinance Amending Chapter 19, Kauai
County Code 1987, As Amended, Relating To Camping On
County Parks And Properties;
• A Bill For An Ordinance Amending Chapter 19,
Section 19-3.2, Kauai County Code 1987, As Amended,
Relating To Playing Fees;
• A Bill For An Ordinance Amending Chapter 19,
Section 19-4.6, Kauai County Code 1987, As Amended,
Relating To Fees;
COUNCIL MEETING AGENDA 6 MARCH 25, 2020
• A Bill For An Ordinance Amending Chapter 21,
Section 21-9.1, Kaua`i County Code 1987, As Amended,
Relating To Integrated Solid Waste Management;
• A Bill For An Ordinance Amending Subsection (a) Of
Section 21-9.2, Kauai County Code 1987, As Amended,
Relating To Integrated Solid Waste Management; and
• A Bill For An Ordinance Amending Subsections Of Section
25-11.1, 25-12.1, 25-13.4 And 25-13.9, Of The Kaua`i
County Code 1987, Relating To Sewers. (See Proposed
Draft Bill (No. 2783), Proposed Draft Bill (No. 2784),
Proposed Draft Bill (No. 2785), Proposed Draft Bill
(No. 2786), Proposed Draft Bill (No. 2787), Proposed
Draft Bill (No. 2788), Proposed Draft Bill (No. 2789),
and Proposed Draft Bill (No. 2790))
F. RESOLUTIONS:
1. Resolution No. 2020-16 — RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2020 TO
JUNE 30, 2021 FOR THE COUNTY OF KAUA`I
2. Resolution No. 2020-17 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Helen A. Cox)
3. Resolution No. 2020-18 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Francis Paul DeGracia, Jr.)
4. Resolution No. 2020-19 — RESOLUTION AUTHORIZING THE
FILING OF THE KAUA`I COUNTY 2020 ACTION PLAN (COMMUNITY
DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED
5. Resolution No. 2020-20 — RESOLUTION AUTHORIZING THE
FILING OF THE KAUA`I COUNTY 2020 ACTION PLAN (HOME INVESTMENT
PARTNERSHIP PROGRAM) WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT (PUBLIC LAW 101-625), AS AMENDED
COUNCIL MEETING AGENDA 7 MARCH 25, 2020
6. Resolution No. 2020-21 — RESOLUTION AMENDING RESOLUTION
NO. 2019-03 RELATING TO THE APPOINTMENT OF THE CHAIRPERSONS,
VICE CHAIRPERSONS, AND MEMBERS OF THE SEVERAL STANDING
COMMITTEES OF THE COUNCIL OF THE COUNTY OF KAUA`I
7. Resolution No. 2020-22 — RESOLUTION AMENDING RESOLUTION
NO. 2019-02 RELATING TO THE RULES OF THE COUNCIL OF THE COUNTY
OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE
TRANSACTION OF BUSINESS
G. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2779) — A BILL FOR AN ORDINANCE
RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021
2. Proposed Draft Bill (No. 2780) — A BILL FOR AN ORDINANCE
RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021
3. Proposed Draft Bill (No. 2781) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 8, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING
TO THE COMMERCIAL ZONING DISTRICT OF THE COMPREHENSIVE
ZONING ORDINANCE TO IMPLEMENT THE 2018 GENERAL PLAN UPDATE
(County of Kauai Planning Department, Applicant) (ZA-2020-6)
4. Proposed Draft Bill (No. 2782) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR HGEA
BARGAINING UNIT 4 BETWEEN JULY 1, 2019 AND JUNE 30, 2021
5. Proposed Draft Bill (No. 2783) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5, KAUA`I COUNTY CODE 1987, AS AMENDED,
RELATING TO MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND
REGISTRATION FEES
•
6. Proposed Draft Bill (No. 2784) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 19, SECTION 19-1.9, KAUA`I COUNTY CODE 1987, AS
AMENDED, RELATING TO SCHEDULE OF FEES AND DEPOSITS
COUNCIL MEETING AGENDA 8 MARCH 25, 2020
7. Proposed Draft Bill (No. 2785) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 19, ARTICLE 2, KAUA`I COUNTY CODE 1987, AS
AMENDED, RELATING TO CAMPING ON COUNTY PARKS AND PROPERTIES
8. Proposed Draft Bill (No. 2786) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 19, SECTION 19-3.2, KAUA`I COUNTY CODE 1987, AS
AMENDED, RELATING TO PLAYING FEES
9. Proposed Draft Bill (No. 2787) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 19, SECTION 19-4.6, KAUA`I COUNTY CODE 1987, AS
AMENDED, RELATING TO FEES
10. Proposed Draft Bill (No. 2788) — A BILL FOR AN ORDINANCE
AMENDING SECTION 21-9.1, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT
11. Proposed Draft Bill (No. 2789) — A BILL FOR AN ORDINANCE
AMENDING SECTION 21-9.2, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO INTEGRATED SOLID WASTE MANAGEMENT
12. Proposed Draft Bill (No. 2790) — A BILL FOR AN ORDINANCE
AMENDING SECTIONS 25-11.1, 25-12.1, 25-13.4, AND 25-13.9 OF THE KAUA`I
COUNTY CODE 1987, AS AMENDED, RELATING TO SEWERS
H. 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.)
I. ADJOURNMENT.
•
COUNCIL MEETING AGENDA 9 MARCH 25, 2020
J. PUBLIC HEARING NOTE: Pursuant to the Supplementary Emergency Proclamation dated
March 16, 2020, issued by Governor David Y. Ige, 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. The Council will convene into
a public hearing on the following item(s) on this meeting date and will reconvene the Council
Meeting to complete any unfinished business 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:l/www.kauai.gov/Council/PublicHearings
1. Bill No. 2755 — A BILL FOR AN ORDINANCE AMENDING SECTION 8-4.3(a),
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DEVELOPMENT
STANDARDS FOR RESIDENTIAL STRUCTURES NOT INVOLVING THE
SUBDIVISION OF LAND (Kaua`i County Council,Applicant) (ZA-2020-5)
2. Bill No. 2775 —A BILL FOR AN ORDINANCE AMENDING CHAPTER 22, KAUA'I
COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW ARTICLE
RESTRICTING THE USE AND SALE OF POLYSTYRENE FOAM FOOD SERVICE
CONTAINERS
K. 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.
3/19/2020 Kauai County Council,Council/Committee Meeting
tin;;;) C (�, U1 S) t)i- IN �,�l IA I .�
CALENDAR OF EVENTS * Residents/Calendar Of Events
iE
Event Detail
e<micRomtt+aient When&Where
Kauai County Council, Council/Committee Meeting Date/Time
Wednesday,March 25,2020 Wednesday,March 25,2020
Hawaiian Standard Time
■ +Office of the Mewl-
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
.wisgbikaissiibgpigg9Hncil.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.
C licilidif a li n below for a PDF file of the posted agenda:
March 25,2020 Council Meeting Agenda
Copyright 2020-County of Kauai I Privacy Statement I Terms Of Use I Disclaimers I Language Translation
• +Boards and Commissions
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