HomeMy WebLinkAbout06/17/2020 Notice and Agenda, Council Meeting COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro, Chair RECEIVEDof
Ross Ka awa Vice Chau7,,c5;4+46.,:;\,,, Jade K Fountain-Tanigawa,County Clerk
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Arthur Brun �NW" Scott K Sato,Deputy County Clerk
Mason K Chock 74,'
Felicia Cowden .� 10 NO �� tD� � �
Luke A EvshnJIM �� t„;,_� ''4, • Telephone (808)241-4188
KipuKai Kuali`i .. OF . Facsimile (808)241-6349
E-mail cokcouncil@kauai gov
CWCouncil Services Division
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4396 Rice Street,Suite 209
OAA• ihu`e,Kaua`i,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 the suspension of Chapter 92 with his Sixth Supplementary Emergency
Proclamation dated April 25, 2020. On May 5, 2020, Governor Ige issued his Seventh
Supplementary Emergency Proclamation amending his earlier suspension of Chapter 92.
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,
Hawaii 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
'RECEIVED
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, JUNE 17, 2020
8:30 A.M. OR SOON THEREAFTER 120 JUN 10 NO 49
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING ` ', E rifir
4396 RICE STREET, SUITE 201 -*TY CIE*
TY OF KAMM
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. June 3, 2020 Council Meeting
2 June 10, 2020 Special Council Meeting
E CONSENT CALENDAR.
1 C 2020-159 Communication (05/26/2020) from the Acting County Engineer,
transmitting a Resolution Authorizing The Acquisition Of An
Easement Interest In Land Required For Public Use, To Wit The
Pedestrian And Bicycle Path That Constitutes Part Of The
County's Public Park System, Situated At Waipouh, District of
Kawaihau, County of Kaua`i, Hawai`i, And Determining And
Declaring The Necessity Of The Acquisition Thereof By Eminent
Domain (See Resolution No. 2020-28)
2 C 2020-160 Communication (06/05/2020) from the Hawai`i State Association
of Counties (HSAC) President, transmitting for Council
approval, HSAC's slate of officers for the HSAC Executive
Committee and Board of Director nominations for the National
Association of Counties (NACo) and the Western Interstate
Region (WIR) for the 2020-2021 term and HSAC's Fiscal
Year 2021 Proposed Operating Budget, pursuant to Section 5,
Section 5A, Section 5C, and Section 21, respectively, of the
Bylaws of the Hawaii State Association of Counties, Inc (See
Resolution No. 2020-29 and Resolution No. 2020-30)
COUNCIL MEETING AGENDA 2 JUNE 17, 2020
F. COMMUNICATIONS
1 C 2020-161 Communication (05/07/2020) from the Director of Finance,
requesting Council approval to dispose of the following
government records, pursuant to Hawaii Revised Statutes (HRS)
Section 46-43 and Resolution No 2008-39 (2008), as amended,
which have been kept for over seven (7) years and are no longer of
use or value
• Pre-2013 files to include
o Cash Receipts,
o Treasury Trust Fund documents,
o Totals by Pay Class reports,
o Bank Statements,
o Outside Receipts; and
o Daily SII Reports
2. C 2020-162 Communication (05/14/2020) from the Executive on Aging,
requesting Council approval to receive and expend Federal
Coronavirus Aid, Relief, and Economic Security (CARES) Act
funds in the amount of $389,892 00, and to indemnify the State
Executive Office on Aging, to be used by the County of Kaua`i,
Agency on Elderly Affairs to provide Title III Supportive Services,
Title C2 Home-Delivered Meals, and Title III National Family
Caregiver Support, for the period June 1, 2020 through
May 31, 2022
3. C 2020-163 Communication (05/26/2020) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Chapter 10, Kaua`i County Code 1987,
as amended, relating to the Enforcement, Legal Procedures, and
Penalties that Apply to Violations, and Clarifying the Title for
Chapter 10. (Copies of the Draft Ordinance for Zoning Amendment
(ZA-2020-15), Director's Report, and Supplement to the Director's
Report (March 10, 2020 and April 13, 2020), on file in the Office of
the County Clerk.) (See Proposed Draft Bill (No. 2794)
4 C 2020-164 Communication (05/28/2020) from the Acting County Engineer,
requesting Council approval to apply for, receive, and expend
State grant funds, in the amount of$48,000.00, to be used by the
Department of Public Works, Solid Waste Division, to support
Electronic Waste (eWaste) Recycling for Fiscal Year 2021
COUNCIL MEETING AGENDA 3 JUNE 17, 2020
5 C 2020-165 Communication (06/03/2020) from the Chief of Police, requesting
Council approval, to accept a donation from the Wilcox Medical
Center of two hundred (200) face shields, valued at $2,000 00, to
be used by officers with the Kaua`i Police Department.
6 C 2020-166 Communication (06/03/2020) from the Housing Director,
requesting Council approval to receive and expend $1,425,000 00
in National Housing Trust Fund (HTF) Program Year (PY) 2018
funds and to indemnify the Hawai`i Housing Finance and
Development Corporation, for the Pua Loke Affordable Housing
Project
7. C 2020-167 Communication (06/03/2020) from the Planning Director,
requesting Council approval to receive and expend State funds in
the amount of $45,000.00, from the State of Hawai`i Department
of Health, Chromc Disease Prevention and Health Promotion
Division, to fund a "Quick Build" Demonstration Project that
promotes walking, bicycling, and transit through safe, connected
routes, and healthy community design, for the project period of
July 1, 2020 through June 30, 2021
8 C 2020-168 Communication (06/04/2020) from the Executive on Aging,
requesting Council approval to receive and expend State funds, in
the amount of $42,438.00, and to indemnify the State Executive
Office on Aging, for the Healthy Aging Contract No. 20-227,
Modification Order No 1, which will be used towards
EnhanceFitness and Better Choices, Better Health workshops, for
the period June 30, 2020 through June 30, 2022.
G LEGAL DOCUMENT.
1 C 2020-169 Communication (06/01/2020) from the Acting County Engineer,
recommending Council approval of a Right-of-Entry Agreement
by and between the County of Kaua`i and Grove Farm Company,
Inc. to allow access to property located at Tax Map Key (TMK)
No (4) 3-3-018.009, Lihu`e, Kaua`i, Hawai`i to construct and/or
repair portions of Puhi Road for sidewalks and grading, as well
as for construction related to the Puhi Road drainage system.
• Right-Of-Entry Agreement
COUNCIL MEETING AGENDA 4 JUNE 17, 2020
H CLAIM
1. C 2020-170 Communication (06/03/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Patricia J Erickson, for damage to her vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i.
I. COMMITTEE REPORTS
1. PUBLIC SAFETY & HUMAN SERVICES COMMITTEE:
1. CR-PSHS 2020-02: on PSHS 2020-01 Communication (05/21/2020) from
Committee Chair Cowden, requesting
the presence of the Chief of Police, to
provide a comprehensive review of the
Axon Body Camera Officer Safety
Plans (OSP) and associated
technologies [Received for the
Record.]
2. COMMITTEE OF THE WHOLE:
1. CR-COW 2020-13: on COW 2020-03 Communication (05/21/2020) from
Committee Chair Kaneshiro,
requesting the presence of the
Managing Director, to provide a
briefing on the new standard operating
procedures and business hours for all
County departments/agencies, and an
update on the allowable
industries/businesses on Kaua`i as of
June 3, 2020 [Received for the
Record.]
J. RESOLUTIONS.
1 Resolution No 2020-28 — RESOLUTION AUTHORIZING THE
ACQUISITION OF AN EASEMENT INTEREST IN LAND REQUIRED FOR
PUBLIC USE, TO WIT THE PEDESTRIAN AND BICYCLE PATH THAT
CONSTITUTES PART OF THE COUNTY'S PUBLIC PARK SYSTEM, SITUATED
AT WAIPOULI, DISTRICT OF KAWAIHAU, COUNTY OF KAUAI, HAWAII, AND
DETERMINING AND DECLARING THE NECESSITY OF THE ACQUISITION
THEREOF BY EMINENT DOMAIN
COUNCIL MEETING AGENDA 5 JUNE 17, 2020
2 Resolution No. 2020-29 — RESOLUTION APPROVING THE HAWAII
STATE ASSOCIATION OF COUNTIES SLATE OF OFFICERS, NOMINEES TO
THE NATIONAL ASSOCIATION OF COUNTIES BOARD OF DIRECTORS, AND
NOMINEES TO THE WESTERN INTERSTATE REGION BOARD OF
DIRECTORS FOR FISCAL YEAR 2021
3 Resolution No 2020-30 — RESOLUTION APPROVING THE
PROPOSED FISCAL YEAR 2021 OPERATING BUDGET FOR THE HAWAII
STATE ASSOCIATION OF COUNTIES
K. BILL FOR FIRST READING.
1 Proposed Draft Bill (No. 2794) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 10, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO ENFORCEMENT, LEGAL PROCEDURES, AND PENALTIES
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)
M ADJOURNMENT
N PUBLIC HEARING NOTE Pursuant to the Supplementary Emergency Proclamation dated
March 16, 2020, the Sixth Supplementary Emergency Proclamation dated April 25, 2020, and
the Seventh Supplementary Emergency Proclamation dated May 5, 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 Oral testimony will be taken via the Zoom remote technology platform
and it shall be the responsibihty 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 hnk found at www kauai gov/webcastmeetings.
COUNCIL MEETING AGENDA 6 JUNE 17, 2020
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 kauat gov/Council/PublicHearings
1 Bill No 2793 — A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE
BARGAINING AGREEMENT FOR BARGAINING UNIT 14 BETWEEN
JULY 1, 2019 AND JUNE 30, 2021
O. NOTE: IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER
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PLEASE CONTACT THE OFFICE OF THE COUNTY CLERK,
COUNCIL SERVICES DIVISION AT (808) 241-4188 OR
COKCOUNCIL@KAUAI.GOV AS SOON AS POSSIBLE
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ADEQUATE TIME TO FULFILL YOUR REQUEST.
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ELECTRONIC COPY.
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PLEASE VISIT. WWW.KAUAI GOV/WEBCASTMEETINGS.
6/9/2020 Kauai County Council Council/Committee Meeting
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Kauai County Council, Council/Committee Meeting Date/Time
Wednesday,June 17,2020 Wednesday,June 17,2020
• +Office of the Mayor Hawaiian Standard Time
Meetings of the Kauai 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
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This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7
tliat-All 1lalltbelow fora PDF file of the posted agenda
June 17, 2020 Council Meeting Agenda
June 17, 2020 Committee Meeting Agenda
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