HomeMy WebLinkAbout07/08/2020 Notice and Agenda, Council Meeting COUNTY COUNCIL ��. OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair o
Ross Kagawa,Vice Chair t p ,G` Jade K. Fountain-Tamgawa, County Clerk
Arthur Brun i;U �;)1 Scott K Sato,Deputy County Clerk
Mason K Chock C, i
Felicia Cowden �'�.�/!.
Luke A.Evslin '2 f. •2 AS 24 `-'9`�:;t:,r="�4.�/ Telephone: (808)241-4188
KipuKai Kuali`i _-= Facsimile (808)241-6349
E-mail cokcouncil@kauai.gov
}t, ' Of Council Services Division
'QTY CLE 396 Rice Street, Suite 209
I .TY OF KAU{ 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, Lzhu`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
LIE
COUNCIL MEETING NOTICE AND AGENDIt C E!VE I
WEDNESDAY, JULY 8, 2020
8:30 A.M. OR SOON THEREAFTER '20 JUL -2 A8 24
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDINGOF
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4396 RICE STREET, SUITE 201M–SligaiTY GLEM
LIHU`E, KAUAI, HAWAII 96766 'Y OF KAP
A. MEETING CALLED TO ORDER
B ROLL CALL
C APPROVAL OF AGENDA
D MINUTES of the following meetings of the Council
1. June 17, 2020 Council Meeting
2. June 17, 2020 Public Hearing re. Bill No 2793
3 June 24, 2020 Special Council Meeting
E INTERVIEW
1 BOARD OF ETHICS
• Kelly M Gentry—Term ending 12/31/2022
F CONSENT CALENDAR.
1 C 2020-172 Communication (06/08/2020) from the Director of Finance,
transmitting for Council information, the Period 10 Financial
Reports – Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget
Report as of April 30, 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 the
Period 10 Financial Reports as of April 30, 2020 on file in the
Office of the County Clerk.)
COUNCIL MEETING AGENDA 2 JULY 8, 2020
2 C 2020-173 Communication (06/10/2020) from Council Chair Kaneshiro,
providing written disclosure of a possible conflict of interest and
recusal relating to C 2020-169, regarding a Right-of-Entry
Agreement 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, as he is employed by Grove Farm
Company, Inc.
3 C 2020-174 Commumcation (06/23/2020) from the Director of Finance,
transmitting for Council information, the Period 11 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget
Report as of May 31, 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 the
Period 11 Financial Reports as of May 31, 2020 on file in the Office
of the County Clerk)
G. COMMUNICATIONS•
1 C 2020-175 Commumcation (06/17/2020) from Bryson Ponce, Assistant Chief
of Police, Investigative Services Bureau, requesting Council
approval of the indemnity provision within the Paul Coverdell
Forensic Science Improvement Grant contract (request to apply
for, receive, and expend grant funds approved during the
February 5, 2020 Council Meeting), which will provide funding
from the State of Hawai`i Department of the Attorney General to
prepare for ANSI-ASQ National Accreditation Board (ANAB) in
the forensic disciplines of Crime Scene Investigation and Friction
Ridge Collection and Enhancement
2. C 2020-176 Communication (06/18/2020) from Councilmember Evslin and
Councilmember Chock, transmitting for Council consideration, a
Proposed Draft Bill to amend Chapter 5A, Article 11, Kaua`i
County Code 1987, as amended, relating to Real Property
Tax (See Proposed Draft Bill (No. 2795))
3 C 2020-177 Communication (06/22/2020) from the Managing Director,
requesting Council approval to accept and expend additional
Emergency Use funding in the amount of$38,542,373.54 from the
State of Hawaii pursuant to Act 12, Session Laws of Hawaii 2018
as amended by Act 35, Session Laws of Hawaii 2019, for disaster
relief and mitigation measures, as a result of the heavy rains and
flooding that occurred in April 2018
COUNCIL MEETING AGENDA 3 JULY 8, 2020
4. C 2020-178 Communication (06/24/2020) from the County Attorney,
requesting Council approval to indemnify and hold harmless, the
eHawan.gov entities from claims of third parties arising out of the
use of the services or materials provided. The agreement will
provide free access to the Bureau of Conveyances LandShark
Platform in order to review deeds of conveyances, grants of
easements, rights of entries, mortgage releases, land leases,
infrastructure agreements, and etcetera
5. C 2020-179 Communication (06/29/2020) from the Managing Director,
requesting Council approval to apply for and receive Federal
funds from the Federal Emergency Management
Agency (FEMA) in an amount not to exceed $2,000,000 00 for
the reimbursement of expenditures related to the COVID-19
pandemic disaster
6 C 2020-180 Communication (06/30/2020) from the Managing Director,
requesting agenda time for a briefing and discussion concerning
the expenditure of $650,000.00 in emergency moneys (from the
$2,000,000 00 previously appropriated by the Council) for the
construction of additional permanent supportive housing units at
Kealaula on Pua Loke
H LEGAL DOCUMENTS
1 C 2020-181 Communication (06/10/2020) from the Emergency Management
Administrator, recommending Council approval of an Issuance
of Immediate Construction and Management Right-of-Entry
Permit and the indemnification provision contained therein, by
and between the County of Kaua`i and the State of Hawai`i
Department of Land and Natural Resources, for a parcel located
at Tax Map Key (TMK) No. (4) 5-8-012.009, Wainiha, Hanalei,
Kaua`i, to allow for the County's contractor to proceed with the
construction of the infrastructure for the Set Aside to the
County of Kaua`i for a proposed site for community gatherings,
baseyard operations, storage, and public parking.
• Issuance of an Immediate Construction and Management
Right-of-Entry Permit
COUNCIL MEETING AGENDA 4 JULY 8, 2020
2 C 2020-182 Communication (06/15/2020) from the Acting County Engineer,
recommending Council approval, of a Limited Right-of-Entry
Permit and associated terms between the County of Kaua`i and
the State of Hawai`i Department of Hawaiian Home
Lands (DHHL), to allow for the removal of approximately
fifteen (15) cubic yards of sand from the Anahola river mouth
area situated at Tax Map Key (TMK) Nos (4) 4-8-12.10 (por.)
and (4) 4-8-18 028 and 029 (por ), for the placement of sand bags
to repair erosion along Aliomanu Road in Anahola
• Limited Right-of-Entry Permit
I COMMITTEE REPORTS
1. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE:
a. CR-FED 2020-04: on FED 2020-03 Communication (05/28/2020) from
Council Chair Kaneshiro, requesting
the presence of the Director of
Finance, to provide a briefing and
overview of the County of Kaua`i's
various Real Property Tax
programs — tax credits, exemptions,
forms, taxpayer education/outreach,
and deadlines [Received for the
Record.]
2. COMMITTEE OF THE WHOLE:
a. CR-COW 2020-14: on COW 2020-04 Communication (05/28/2020) from
Councilmember Cowden, requesting
the presence of the Boards &
Commissions Administrator, to
provide a briefing on the proposed
amendments to the Kaua`i County
Charter under consideration by the
Charter Review Commission
[Received for the Record.]
b. CR-COW 2020-15: on COW 2020-05 Communication (06/09/2020) from
Council Chair Kaneshiro and
Councilmember Chock, requesting the
presence of the Managing Director,
Prosecuting Attorney, and Housing
Director, for a briefing on the status of
the County's Adolescent Treatment
and Healing Center [Received for
the Record.]
COUNCIL MEETING AGENDA 5 JULY 8, 2020
J BILL FOR FIRST READING
1 Proposed Draft Bill (No 2795) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAX (Mixed Use Tax Exemption)
K 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-1027 Pursuant to Hawaii 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 with the
Council, to provide the Council with a briefing and request
authority for a possible settlement proposal in a claim filed by
Progressive Advanced Insurance Company a/s/o James Vaughn
and related matters This briefing and consultation involves
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
M 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 responsibthty 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 mclude
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
COUNCIL MEETING AGENDA 6 JULY 8, 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 J
For a copy of the notice,please go to. http.//www.kauai.gov/Council/PublicHearings
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
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.
Kauai County Council, Council /Committee Meeting Page 1 of 2
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• COUNCIL CALENDAR(NOT PUBLIC) * Government/County Council/Council Calendar(Not Public)
Event Detail
«All Events When&Where
Kauai County Council,Council/Committee Meeting Date/Time
Wednesday,July 8,2020 Wednesday,July 8,2020
Hawaiian Standard Time
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 Kauai County Council,please visit 4396 Rice St,Lihue HI 96766 USA
www kauai.gov/council 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 -[
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Click on the link below for a PDF file of the posted agenda C- l!► 0July 8,2020 Council Meet=Agenda - -g "''
July 8,2020 Committee Meeting Agenda
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