HomeMy WebLinkAbout07/22/2020 Notice and Agenda, Council Meeting COUNTY COUNCIL ftEC.FIVn OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair
Ross Kagawa,Vice Chair /740410‘6.'s`. Jade K Fountain-Tamgawa, County Clerk
Arthur Brun i '� -i Scott K Sato,Deputy County Clerk
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Mason K Chock � �i��,,,
Felicia Cowden to1�'1�!.
Luke A Evslm j Telephone. (808)241-4188
KipuKai Kuali`i t i'F;GE 01 � of - Facsimile (808)241-6349
i4t: k i¢ E-mail cokcouncil@kauai.gov
;OLATY UF' £AUA l Council Services Division
4396 Rice Street, Suite 209
Lihu`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, JULY 22, 2020
8:30 A.M. OR SOON THEREAFTER ,I. 16 A9 *1
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING 1FFACE 4F
4396 RICE STREET, SUITE 201 � F�
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 July 8, 2020 Public Hearing re• Resolution No 2020-28
2 July 8, 2020 Council Meeting
E. CONSENT CALENDAR•
1 C 2020-183 Communication (06/24/2020) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Kelly M Gentry to the Board of Ethics — Term ending 12/31/2022.
(See Resolution No. 2020-31)
2. C 2020-184 Communication (07/08/2020) from the Director of Finance,
transmitting for Council information, the Fourth 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 Fiscal
Year 2019-2020
F COMMUNICATIONS.
1 C 2020-185 Communication (06/30/2020) from the Director of Economic
Development, requesting Council approval to indemnify and hold
harmless Kaua`i Government Federal Credit Union, Gather
Federal Credit Umon, Kaua`i Teachers Federal Credit Umon, and
Hawai`i USA Federal Credit Umon, who will administer the
$5,000,000 00 of Coronavirus Aid, Relief, and Economic
Security (CARES) Act funding for the Small Business Boost
Program
COUNCIL MEETING AGENDA 2 JULY 22, 2020
2 C 2020-186 Communication (07/07/2020) from the Director of Planning,
requesting Council approval to receive and expend Federal/State
funds for the Hawaii Coastal Zone Management (CZM) Program
in an amount up to $365,926 49, and to indemnify the State of
Hawai`i in accordance with the State of Hawai`i General
Conditions (AG-008 103D) for admimstering the program. The
pass-through funding will be utilized to continue the
implementation of the CZM Program on Kaua`i commencing
July 1, 2020 to June 30, 2021 Funding will be expended on
salaries/wages, travel, equipment, and supplies for the CZM
Program, specifically for the implementation and enforcement of
the Special Management Area Rules and Regulations of the
County of Kaua`i and Shoreline Setback provisions of Chapter 8
of the Kaua`i County Code, and an additional scope of service to
allow for the completion of the Fiscal Year (FY) 2019-2020
coastal access inventory update project
3 C 2020-187 Communication (07/13/2020) from the Managing Director,
requesting Council approval to apply for, receive, and expend
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
March 27-28, 2020 rain event
G CLAIMS
1 C 2020-188 Communication (07/13/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Douglas J Glasscock, for damage to his vehicle, pursuant to
Section 23 06, Charter of the County of Kaua`i
2 C 2020-189 Communication (07/13/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Douglas J Glasscock, for damage to his vehicle, pursuant to
Section 23 06, Charter of the County of Kaua`i
COUNCIL MEETING AGENDA 3 JULY 22, 2020
H COMMITTEE REPORTS-
1. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE:
a. CR-FED 2020-05: on FED 2020-04 Communication (06/18/2020) from
Councilmember Kuali'i, requesting the
presence of the Director of Economic
Development, to provide a briefing on any
climate change efforts that the County of
Kaua`i has made, to include the following
• The County's response to the
expected impacts of climate change,
• The types of action the County is
planning to implement; and
• The resources required to
implement the County's efforts and
where they are anticipated to come
from [Received for the Record.]
2. COMMITTEE OF THE WHOLE:
a. CR-COW 2020-16: on 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
[Approved.]
I. 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 (Public Hearing held July 8, 2020)
2 Resolution No 2020-31 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF ETHICS (Kelly M Gentry)
J BILL FOR SECOND READING
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 (See also CR-COW 2020-16; the
Committee of the Whole recommended approval on second and final reading)
COUNCIL MEETING AGENDA 4 JULY 22, 2020
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-1028 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4) and (8), and Kaua`i County Charter Section 3 07(E),
the purpose of this Executive Session is to consult with the
Council's legal counsel to receive legal updates, overviews, and
recommendations for purposes of obtaining Council approval to
settle a workers' compensation claim. This deliberation and/or
decision-making involves matters that require the consideration
of information that must be kept confidential due to significant
privacy interests. The significant privacy interests relate to a
medical history, diagnosis, condition, treatment, and evaluation.
This information is protected from disclosure pursuant to state
or federal law, including the Health Insurance Portability and
Accountability Act.
2 ES-1029 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 with the
Council, to provide the Council with a briefing and request for
settlement authority in the matter of Mark N Begley vs.
County of Kaua`i et al., Civil No CV16-00350, 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
3 ES-1030 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 with the
Council to obtain settlement authority of Robert Adam's real
property tax claim 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
COUNCIL MEETING AGENDA 5 JULY 22, 2020
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 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 pubhc should continue
watching the meeting via the live stream hnk 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 2794 —A BILL FOR AN ORDINANCE AMENDING CHAPTER 10, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO ENFORCEMENT, LEGAL
PROCEDURES,AND PENALTIES
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
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ELECTRONIC COPY
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PLEASE VISIT: WWVV.KAUAI.GOV/WEBCASTMEETINGS
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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 22,2020 Wednesday July 22 2020
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
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
Click on the link below for a PDF file of the posted agenda
July 22,2020 Council Meeting Agenda
July 22,2020 Committee Meeting Agenda
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