HomeMy WebLinkAbout05/06/2020 Notice and Agenda, Council Meeting COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Anyl Kaneshiro,Chair ., OF .p=
Ross Kagawa,Vice Chair p Jade K.Fountain-Tanigawa,County Clerk
Arthur Brun p Scott K. Sato,Deputy County Clerk
Mason K.Chock � +i`
Felicia Cowden
Luke A.Evslin ETA Tel'ephone:' • (808)241-4188
KipuKai Kuali`i OF Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
Council Services Division
4396 Rice Street,Suite 209 '20 APR 30 A 6 :51
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). Governor Ige continued suspension of Chapter 92 with his
Sixth Supplementary Emergency Proclamation dated April 25, 2020. 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, Hawai`i 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, MAY 6, 2020
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201 20 APR 30 116 :51
LIHU`E, KAUA`I, HAWAI`I 96766
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. April 22, 2020 Council Meeting
2. April 22, 2020 Public Hearing re: Bill No. 2781 and Bill No. 2782
E. INTERVIEW:
1. LIQUOR CONTROL COMMISSION:
• Dee Crowell— Term ending 12/31/2022
F. CONSENT CALENDAR:
1. C 2020-113 Communication (03/30/2020) from Councilmember Evslin,
transmitting for Council consideration and confirmation, the
appointment of Jonathan Thomas Lucas to the Public Access,
Open Space, Natural Resources Preservation Fund Commission
(Koloa-Po`ipu-Kalaheo) — Term ending 12/31/2022. (See
Resolution No. 2020-25)
2. C 2020-114 Communication (04/09/2020) from the Director of Finance,
transmitting for Council information, the Period 8 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget
Report as of February 29, 2020, 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 8
Financial Reports as of February 29, 2020 on file in the Office of
the County Clerk.)
COUNCIL MEETING AGENDA 2 MAY 6, 2020
3. C 2020-115 Communication (04/16/2020) from the Director of Finance,
transmitting for Council information, the Third Quarter
Statement of Equipment Purchases for Fiscal Year 2019-2020,
pursuant to Section 17 of Ordinance No. B-2019-856, relating to
the Operating Budget of the County of Kaua`i for the Fiscal
Year 2019-2020.
G. COMMUNICATIONS:
1. C 2020-116 Communication (04/07/2020) from the Prosecuting Attorney,
requesting Council approval to receive and expend Federal funds
in the amount of $74,118.00, to be used for salaries/wages and
supplies for the Domestic Violence Prosecution Unit, and to
indemnify the State of Hawai`i, Department of the Attorney
General.
2. C 2020-117 Communication (04/08/2020) from Bryson Ponce, Assistant Chief
of Police, requesting Council approval to use $90,000.00 in
unexpended salaries for the unbudgeted purchase of one hundred
ten (110) ballistic helmets with face shields for patrol officers.
3. C 2020-118 Communication (04/15/2020) from the Executive on Aging,
requesting Council approval of the Agency on Elderly Affairs'
4-Year Area Plan on Aging (from October 1, 2019 through
September 30, 2023), which serves as the blueprint and
framework for the next four (4) years in the planning and
development of aging services and programs for the County of
Kaua`i. (Copies of the 4-Year Area Plan on Aging on file in the
Office of the County Clerk.)
4. C 2020-119 Communication (04/17/2020) from Troy K. Tanigawa, Acting
County Engineer, requesting Council approval to indemnify the
State of Hawai`i as outlined in Condition No. 3 of the State of
Hawai`i Department of Land and Natural Resources' (DLNR)
Emergency CDUP KA-20-14 letter for temporary emergency
erosion control along the damaged section of Aliomanu Road in
Anahola.
5. C 2020-120 Communication (04/22/2020) from the Planning Director,
requesting Council approval to receive and expend State funds in
the amount of $49,500.00, from the State of Hawaii Department
of Health (DOH) Chronic Disease Prevention and Health
Promotion program, and to indemnify the State DOH, for the
Supplemental Nutrition Assistance Program Education (SNAP
Ed) allowable "Quick Build" Demonstration Project.
COUNCIL MEETING AGENDA 3 MAY 6, 2020
6. C 2020-121 Communication (04/23/2020) from Troy K. Tanigawa, Acting
County Engineer, requesting Council approval to apply for,
receive, and expend State funds in the amount of $303,666.23,
from the State of Hawai`i Department of Health (DOH), and to
indemnify the State DOH for the Fiscal Year 2021 grant cycle, for
the HI-5 Deposit Beverage Container program to be used to fund
two (2) HI-5 Recycling Specialist positions.
7. C 2020-122 Communication (04/23/2020) from Bryson Ponce, Assistant Chief
of Police, Investigative Services Bureau, requesting Council
approval to accept ongoing funding reimbursements for joint law
enforcement operations relating to the Hawai`i Internet Crimes
Against Children (HI ICAC) Task Force via a Memorandum of
Understanding (MOU) with the United States Department of
Justice, Office of Juvenile Justice and Delinquency Prevention
(OJJDP).
8. C 2020-123 Communication (04/23/2020) from the Prosecuting Attorney,
requesting Council approval to receive and expend an increase in
funds, from $211,385.00 to $224,353.00, for contract 16-DJ-07,
from the State of Hawaii, Department of the Attorney General, to
continue the Sexual Assault Prosecution Unit to June 15, 2020.
9. C 2020-124 Communication (04/23/2020) from the Housing Director and Life's
Choices Kaua`i Coordinator, requesting Council approval to apply
for, receive, and expend Federal funds, in the amount of
$30,000.00, to supplement the Partnership for Success grant, for
prevention capacity-building activities including the Hawai`i
Coalition Academy Training, Underage Drinking Prevention
Youth Convention, and Statewide Substance Use Prevention
Symposium.
10.C 2020-125 Communication (04/23/2020) from Solomon K. Kanoho, Acting
Fire Chief, requesting Council approval to apply for, receive, and
expend a U.S. Department of Homeland Security, Federal
Emergency Management Agency (FEMA), Assistance to
Firefighters Grant (AFG) to purchase a Raman and Fourier
Transform Infrared (FTIR) system Hazardous Materials (HazMat)
Spectrometer which will be used to identify solid and liquid
chemicals and explosives, and is critical in maintaining the Kaua`i
Fire Department's (KFD) response capabilities to HazMat
incidents. The total budget for this project is $148,950.00 of which
FEMA AFG would cover $135,409.09, and KFD would be
responsible for the remaining $13,540.91, in a ninety percent/ten
percent (90%/10%) cost share based on total FEMA contributions.
COUNCIL MEETING AGENDA 4 MAY 6, 2020
11.C 2020-126 Communication (04/23/2020) from Solomon K. Kanoho, Acting
Fire Chief, requesting Council approval to apply for, receive, and
expend a U.S. Department of Homeland Security, Federal
Emergency Management Agency (FEMA), Assistance to
Firefighters Grant (AFG) to purchase a new Initial Attack
Mini-Pumper apparatus for Kaua`i's rural Wildland Urban
Interface (WUI) population, valued at $293,000.00 of which FEMA
AFG would cover $266,363.64, and KFD would be responsible for
the remaining $26,636.36, in a ninety percent/ten percent
(90%/10%) cost share based on total FEMA contributions.
12.C 2020-127 Communication (04/24/2020) from the Executive on Aging,
requesting Council approval to apply for, receive, and expend
funds, in the amount of $138,184.00, and to indemnify the State
Executive Office on Aging for the Healthy Aging Contract for
State Fiscal Year 2020, which will be used towards
EnhanceFitness and Better Choices Better Health workshops.
13.C 2020-128 Communication (04/24/2020) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend
Federal funds, in the amount of$87,170.00, from the Coronavirus
Emergency Supplemental Funding Program, for the Pastor,
Police, and Pancake Program; grant funds will be shared with the
Kaua`i Police Department and will be used for equipment and
overtime costs in response to COVID-19 for the period
January 20, 2020 through January 19, 2022.
14.C 2020-129 Communication (04/24/2020) from Nalani K. Kaauwai Brun,
Director of Economic Development, requesting Council approval to
apply for, receive, and expend funds, in the amount of
$300,000.00, from the Hawai`i Farm Bureau, for the Kupuna Kare
with Farmer Fare program, which benefits kupuna and farmers
on Kaua`i.
15.C 2020-130 Communication (04/28/2020) from the Director of Finance and
Budget Administrator, transmitting for Council consideration, a
proposed Emergency Ordinance pursuant to Charter Sections
4.02K and 18.02, to reauthorize $957,278.00 from the Reserve
Fund (Disaster Response), to be used for continued funding of
emergency expenditures related to the Novel Coronavirus
COVID-19. (See Proposed Draft Bill (No. 2792))
COUNCIL MEETING AGENDA 5 MAY 6, 2020
H. LEGAL DOCUMENTS:
1. C 2020-131 Communication (04/16/2020) from Troy K. Tanigawa, Acting
County Engineer, recommending Council approval of a Grant of
Easements and Transfer of Sewer Line document and the
indemnity clause under Paragraph 9, to allow the Department of
Public Works Wastewater Management Division to install an
emergency generator adjacent to the Port Allen Sewage Pump
Station.
• Grant of Easements and Transfer of Sewer Line by and
between the County of Kaua`i and Alexander & Baldwin,
LLC and A&B Properties Hawai`i, LLC, Tax Map Key
(TMK) No. (4) 2-001-003: 026, 040.
2. C 2020-132 Communication (04/24/2020) from the Housing Director,
recommending Council approval of a Waiver, Release and
Indemnity Agreement for Tax Map Key (TMK) No. (4) 3-8-005:028
and 029 between the County of Kaua`i and Pua Loke Housing
Partners, L.P., and County of Kaua`i Board of Water Supply. The
purpose of this agreement is to have the County of Kaua`i and Pua
Loke Housing Partners, L.P. waive, release, and indemnify the
Department of Water from any liability for injuries or damages
that might arise during construction activities on the property as
part of the permitting process, and to authorize the County Clerk
to sign legal documents related to the Waiver, Release and
Indemnity Agreement with the Department of Water.
• Waiver, Release and Indemnity Agreement
I. CLAIM:
1. C 2020-133 Communication (04/20/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Kori
White, for damage to her vehicle, pursuant to Section 23.06,
Charter of the County of Kaua`i.
J. COMMITTEE REPORTS:
1. PLANNING COMMITTEE:
a. CR-PL 2020-04: on Bill No. 2777 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO DEFINITIONS (County
of Kauai Planning Department,
Applicant) (ZA-2016-3) [Received for
the Record.]
COUNCIL MEETING AGENDA 6 MAY 6, 2020
b. CR-PL 2020-05: on Bill No. 2778 A BILL FOR AN ORDINANCE
AMENDING SECTION 8-4.3(d), KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO DEVELOPMENT
STANDARDS FOR RESIDENTIAL
STRUCTURES NOT INVOLVING THE
SUBDIVISION OF LAND (County of
Kauai Planning Department, Applicant)
(ZA-2020-13) [Approved.]
K. RESOLUTION:
1. Resolution No. 2020-25 — RESOLUTION CONFIRMING COUNCIL
APPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES PRESERVATION FUND COMMISSION (Jonathan Thomas Lucas)
L. EMERGENCY BILL:
1. Proposed Draft Bill (No. 2792) — AN EMERGENCY ORDINANCE
AMENDING ORDINANCE NO. B-2020-861, RELATING TO THE FUNDING OF
EMERGENCY EXPENDITURES TO MEET THE PUBLIC EMERGENCY
CAUSED BY THE NOVEL CORONAVIRUS "COVID-19," BY REAUTHORIZING
THE AMOUNTS ESTIMATED IN THE GENERAL FUND
M. BILLS FOR SECOND READING:
1. Bill No. 2777 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
DEFINITIONS (County of Kauai Planning Department, Applicant) (ZA-2016-3)
(See also CR-PL 2020-04; the Planning Committee recommended Bill No. 2777 be
received for the record.)
2. Bill No. 2778 — A BILL FOR AN ORDINANCE AMENDING
SECTION 8-4.3(d), KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
DEVELOPMENT STANDARDS FOR RESIDENTIAL STRUCTURES NOT
INVOLVING THE SUBDIVISION OF LAND (County of Kauai Planning
Department, Applicant) (ZA-2020-13) (See also CR-PL 2020-05; the Planning
Committee recommended approval on second and final reading.)
COUNCIL MEETING AGENDA 7 MAY 6, 2020
N. 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.)
O. ADJOURNMENT.
P. PUBLIC HEARING NOTE: Pursuant to the Supplementary Emergency Proclamation dated
March 16, 2020 and the Sixth Supplementary Emergency Proclamation dated April 25, 2020,
both 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://www.kauai.gov/Council/PublicHearings
1. Bill No. 2791 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2019-856, AS AMENDED, RELATING TO THE OPERATING BUDGET OF
THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR
JULY 1, 2019 THROUGH JUNE 30, 2020, BY REVISING THE AMOUNTS
ESTIMATED IN THE G.E. TAX FUND (G.E. Tax Surcharge Reduction (COVID-19)—
($2,000,000.00))
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Wednesday,May 6,2020 Wednesday,May 6,2020
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This notice is intended to satisfy the notice requirement of Hawai'i Revised Statutes(HRS)Section 92-7.
Click on the link below for a PDF file of the posted agenda:
May 6,2020 Council Meeting Agenda
May 6,2020 Committee Meeting Agenda
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