HomeMy WebLinkAbout08/05/2020 Notice and Agenda, Council Meeting PI:Tr\IF-rt
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Anyl Kaneshiro,Chair
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Ross Kagawa,Vice Chair .2030P 1 :28!�o _ , G'\� Jade K Fountain-Tanigawa,County Clerk
Arthur Brun ) Scott K Sato,Deputy County Clerk
Mason K Chock ,
Felicia Cowden \�a, �?�7'
LukeA Evslin 47, " •9�,''�-�,,,` �j Telephone. 808 241-4188
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KipuKai Kuali`� E 1 a 4 ,; �_. o Facsimile (808)241-6349
E-mail cokcouncil@kauai gov
Council Services Division
4396 Rice Street,Suite 209
LThu`e,Kaua`i,Hawai`i 96766
On March 16, 2020, Governor David Y Ige issued a Supplementary Emergency Proclamation
related to COVID-19 which suspended Chapter 92 of the Hawaii 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.
The suspension of Chapter 92 was subsequently continued in his Eighth (May 18, 2020),
Ninth (June 10, 2020), and Tenth(July 17, 2020) Supplementary Emergency Proclamations
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, AUGUST 5, 202070 30 P 1 29
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING ' `!CE
�s tY af. KAUAI 4396 RICE STREET, SUITE 201 �'�' �' �(� �
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 July 22, 2020 Council Meeting
2 July 22, 2020 Public Hearing re• Bill No 2794
E INTERVIEW•
1 CIVIL SERVICE COMMISSION•
• Jennifer K Carter —Term ending 12/31/2022
F CONSENT CALENDAR.
1 C 2020-190 Communication (07/02/2020) from the Housing Director,
transmitting a Resolution To Apply For, Receive, And Expend An
Allocation Of Grant Funds From The United States Department
Of Housing And Urban Development, Authorized By The
Additional Supplemental Appropriations For Disaster Relief Act
Of 2019 (Public Law 116-20). (See Resolution No. 2020-32)
2. C 2020-191 Communication (07/13/2020) from Chris Donahoe, Deputy
County Attorney, transmitting for Council information, the
Quarterly Report on Settled Claims filed against the County of
Kaua`i from April 1, 2020 through June 30, 2020
COUNCIL MEETING AGENDA 2 AUGUST 5, 2020
3 C 2020-192 Communication (07/13/2020) from the Director of Finance,
transmitting for Council information, the following reports.
a County of Kaua`i Bond Summary of General
Long-Term Debt for Fiscal Year 2020,
b County of Kaua`i Bond Supplemental Summary of
General Long-Term Debt Amount Outstanding as of
June 30, 2020, and Excluded County of Kaua`i Bond
Supplemental Summary of Long-Term Debt Amount
Outstanding as of June 30, 2020. CFD No. 2008-1
(Kukui`ula Development Project) Special Tax Bonds
Series 2012 and Series 2019
4. C 2020-193 Communication (07/22/2020) from the Director of Finance,
transmitting for Council information, the Period 12 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget
Report as of June 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
Period 12 Financial Reports as of June 30, 2020 on file in the
Office of the County Clerk)
G COMMUNICATIONS.
1. C 2020-194 Communication (07/17/2020) from Ka`aina S Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Chapter 8, Kaua`i County Code 1987,
as amended, Relating to Comprehensive Zoning Ordinance
(Copies of the Draft Ordinance for Zoning Amendment
(ZA-2020-16), Director's Report, and Testimony received on or since
the public hearing on June 9, 2020, on file in the Office of the
County Clerk.) (See Proposed Draft Bill (No. 2796))
2 C 2020-195 Communication (07/20/2020) from the Acting County Engineer,
requesting Council approval to accept a donation from Hawai`i
Pacific Health of two (2) used 500kW Caterpillar emergency
generators, valued at $70,000.00, which would provide the
Department of Public Works, Wastewater Management Division
an added level of reliability for operations and serve as spare
emergency generators to power three (3) of the four (4)
Wastewater Treatment Plants (WWTPs)
3. C 2020-196 Communication (07/22/2020) from the Executive on Aging,
requesting Council approval to receive and expend gift certificates
from Grove Farm Foundation, valued at $10,000 00, to help
Kaua`i's kupuna in need of assistance.
COUNCIL MEETING AGENDA 3 AUGUST 5, 2020
4. C 2020-197 Communication (07/23/2020) from Ka`aina S Hull, Clerk of the
Planning Commission, transmitting the Planning Commision's
recommendation to amend the West Kaua`i Community Plan
• A Bill For An Ordinance Establishing Regulations,
Procedures, Zoning, Development Plans, And Future
Growth Areas For The Hanapepe-`Ele`ele Planning
District And The Waimea-Kekaha Planning District In
Chapter 10, Kaua`i County Code 1987, As Amended, And
Establishing Exceptions, Modifications, And Additions To
Chapter 8 And Chapter 9, Kaua`i County Code 1987, As
Amended, And Amending Zoning Maps ZM-K100
(Kekaha), ZM-W 100 (Waimea), And ZM-H200 (Hanapepe)
(West Kaua`i Community Plan) (ZA-2020-07),
• A Bill For An Ordinance Amending "Kaua`i Kakou —
Kaua`i County General Plan" (2018) Land Use Maps And
Other Provisions Relating To The West Kaua`i Community
Plan (ZA-2020-08),
• A Bill For An Ordinance Amending Chapter 8, Kaua`i
County Code 1987, As Amended, By Establishing A New
Special Treatment Coastal Edge (ST-CE) District And
Amending Zoning Maps ZM-K100 (Kekaha), ZM-W100
(Waimea), ZM-200, And ZM-H200 (Hanapepe)
(ZA-2020-09);
• A Bill For An Ordinance Amending Chapter 8, Kaua`i
County Code 1987, As Amended, By Establishing A New
Plantation Camp (PC) District And Amending Zoning
Map ZM-200 (ZA-2020-10);
• A Bill For An Ordinance To Overlay The Special
Treatment Public Facilities District (ST-P) On A Portion
Of Zoning Map ZM-H200 (Hanapepe) (ZA-2020-11),
• A Bill For An Ordinance Amending Zoning Map ZM-200
(ZA-2020-12) (Copies of the West Kauai Community Plan
and Appendices, Copies of the Draft Ordinance for Zoning
Amendment (ZA-2020-07), Director's Report; and
Supplement to the Director's Report #1-7; Copies of the
Draft Ordinance for Zoning Amendment (ZA-2020-08),
Director's Report; and Supplement to the Director's
Report #1; Copies of the Draft Ordinance for Zoning
Amendment (ZA-2020-09), Director's Report; and
Supplement to the Director's Report #1-2; Copies of the
Draft Ordinance for Zoning Amendment (ZA-2020-10),
Director's Report; and Supplement to the Director's
Report #1-3; Copies of the Draft Ordinance for Zoning
Amendment (ZA-2020-11), Director's Report, and
Supplement to the Director's Report #1; Copies of the Draft
Ordinance for Zoning Amendment (ZA-2020-12), Director's
Report;and Supplement to the Director's Report #1, Minutes
from the February 11, 2020 and February 25, 2020
COUNCIL MEETING AGENDA 4 AUGUST 5, 2020
Planning Commission Meeting, on file in the Office of the
County Clerk) (See Proposed Draft Bill (No. 2797),
Proposed Draft Bill (No. 2798), Proposed Draft
Bill (No. 2799), Proposed Draft Bill (No. 2800),
Proposed Draft Bill (No. 2801), Proposed Draft
Bill (No. 2802))
5. C 2020-198 Communication (07/23/2020) from the Prosecuting Attorney,
requesting Council approval to revise the contract date for the
awarded Fiscal Year (FY) 2018 Project Safe Neighborhood grant
to the period July 1, 2020 through June 30, 2021.
6 C 2020-199 Communication (07/23/2020) from the Prosecuting Attorney,
requesting Council approval to receive and expend Federal funds
for the Fiscal Year (FY) 2020 Coronavirus Emergency
Supplemental Funding (CESF) Program in the amount of
$8,305 00, and approval to indemnify the State of Hawai`i,
Department of the Attorney General to purchase the Protexus
Electrostatic spraying system, face shields, face masks, isolation
gowns, gloves, and touchless light switches for the Office of the
Prosecuting Attorney from August 1, 2020 to December 30, 2020
H. COMMITTEE REPORT
1. COMMITTEE OF THE WHOLE:
a. CR-COW 2020-17: on COW 2020-06 Communication (07/08/2020) from
Councilmember Cowden, requesting the
presence of the Managing Director, to
provide a briefing on the 417 acres of land
in Waimea recently purchased by the
County, the briefing should include, but
not be limited to, what activities are
occurring by the lessees utilizing this
parcel of land. [Received for the
Record.]
I RESOLUTION.
1 Resolution No 2020-32 — RESOLUTION TO APPLY FOR, RECEIVE,
AND EXPEND AN ALLOCATION OF GRANT FUNDS FROM THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
AUTHORIZED BY THE ADDITIONAL SUPPLEMENTAL APPROPRIATIONS
FOR DISASTER RELIEF ACT OF 2019 (PUBLIC LAW 116-20)
COUNCIL MEETING AGENDA 5 AUGUST 5, 2020
JBILLS FOR FIRST READING.
1 Proposed Draft Bill (No 2796) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8 OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO COMPREHENSIVE ZONING ORDINANCE (CZO) (County of
Kaua`ti Planntng Department, Applicant) (ZA-2020-16)
2 Proposed Draft Bill (No 2797) — A BILL FOR AN ORDINANCE
ESTABLISHING REGULATIONS, PROCEDURES, ZONING, DEVELOPMENT
PLANS, AND FUTURE GROWTH AREAS FOR THE HANAPEPE-`ELE`ELE
PLANNING DISTRICT AND THE WAIMEA-KEKAHA PLANNING DISTRICT IN
CHAPTER 10, KAUAI COUNTY CODE 1987, AS AMENDED, AND
ESTABLISHING EXCEPTIONS, MODIFICATIONS, AND ADDITIONS TO
CHAPTER 8 AND CHAPTER 9, KAUAI COUNTY CODE 1987, AS AMENDED,
AND AMENDING ZONING MAPS ZM-K100 (KEKAHA), ZM-W100 (WAIMEA),
AND ZM-H200 (HANAPEPE) (WEST KAUAI COMMUNITY PLAN) (ZA-2020-07)
3 Proposed Draft Bill (No 2798) — A BILL FOR AN ORDINANCE
AMENDING "KAUAI KAKOU — KAUAI COUNTY GENERAL PLAN" (2018)
LAND USE MAPS AND OTHER PROVISIONS RELATING TO THE WEST
KAUAI COMMUNITY PLAN (ZA-2020-08)
4 Proposed Draft Bill (No 2799) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, BY
ESTABLISHING A NEW SPECIAL TREATMENT COASTAL EDGE (ST-CE)
DISTRICT AND AMENDING ZONING MAPS ZM-K100 (KEKAHA),
ZM-W100 (WAIMEA), ZM-200, AND ZM-H200 (HANAPEPE) (ZA-2020-09)
5. Proposed Draft Bill (No. 2800) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, BY
ESTABLISHING A NEW PLANTATION CAMP (PC) DISTRICT AND AMENDING
ZONING MAP ZM-200 (ZA-2020-10)
6. Proposed Draft Bill (No. 2801) — A BILL FOR AN ORDINANCE TO
OVERLAY THE SPECIAL TREATMENT PUBLIC FACILITIES DISTRICT (ST-P)
ON A PORTION OF ZONING MAP ZM-H200 (HANAPEPE) (ZA-2020-11)
7. Proposed Draft Bill (No. 2802) — A BILL FOR AN ORDINANCE
AMENDING ZONING MAP ZM-200 (ZA-2020-12)
COUNCIL MEETING AGENDA 6 AUGUST 5, 2020
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-1031 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf
of the Council, the Office of the County Attorney requests an
Executive Session with the Council to provide the Council with a
briefing, discussion, and consultation regarding the Quarterly
Report on Pending and Denied claims This briefing and
consultation involves the 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, the
Seventh Supplementary Emergency Proclamation dated May 5, 2020, the Eighth
Supplementary Emergency Proclamation dated May 18, 2020, the Ninth Supplementary
Emergency Proclamation dated June 10, 2020, and the Tenth Supplementary Emergency
Proclamation dated July 17, 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, Hawaii 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 calhng (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
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 you/Council/PublicHearings
1 Bill No 2775, Draft 2 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 22,
KAUAI COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW ARTICLE
RESTRICTING THE USE AND SALE OF POLYSTYRENE FOAM FOOD SERVICE
CONTAINERS
COUNCIL MEETING AGENDA 7 AUGUST 5, 2020
2 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)
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.
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0 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 August 5 2020 Wednesday August 5 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 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
August 5,2020 Council Meeting Agenda
August 5,2020 Committee Meeting Agenda
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