HomeMy WebLinkAbout08/19/2020 Notice and Agenda, Council Meeting COUNTY COUNCILOFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair �;~ 43i;; ��;,�`� ;��Y ¢ ,
Ross Kagawa,Vice Chair %p "��'ti Jade K Fountain-Tamgawa,County Clerk
Arthur Brun �' Scott K Sato,Deputy County Clerk
Mason K Chock 9i`'
Felicia Cowden '20 AUG 13 A8 52 Q>
Luke A Evslin e9j Telephone (808)241-4188
KipuKai Kuah`i •of/ Facsimile (808)241-6349
Email cokcouncil@kauai gov
(11.04( Council Services Division
MINTY Of KAUAI 4396 Rice Street, Suite 209
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 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,
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
Cf:
COUNCIL MEETING NOTICE AND AGEN lV
WEDNESDAY, AUGUST 19, 2020
8:30 A.M. OR SOON THEREAFTER '20 NE 13 A8 51
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LIHU E, KAUAI, HAWAII 96766 MN YY A
A MEETING CALLED TO ORDER
B ROLL CALL
C APPROVAL OF AGENDA
D MINUTES of the following meetings of the Council.
1. August 5, 2020 Council Meeting
2 August 5, 2020 Public Hearing re Bill No. 2775, Draft 2 and Bill No. 2795
E CONSENT CALENDAR.
1. C 2020-200 Communication (07/13/2020) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Jennifer Carter to the Civil Service Commission — Term
ending 12/31/2022 (See Resolution No. 2020-33)
2. C 2020-201 Communication (07/31/2020) from Council Chair Kaneshiro,
providing written disclosure of a possible conflict of interest and
recusal relating to C 2020-196, relating to a donation of gift
certificates from Grove Farm Foundation, valued at $10,000.00, to
help Kaua`i's kupuna in need of assistance, as he is a Project
Manager employed by Grove Farm Company, Inc
3. C 2020-202 Communication (08/11/2020) from Councilmember Chock,
transmitting for Council consideration, the following measure for
inclusion in the 2021 Hawaii State Association of
Counties (HSAC) Legislative Package and the 2021 County of
Kaua`i Legislative Package
• A Bill for an Act Relating to Registration of Vehicles, to
amend Hawai`i Revised Statutes (HRS) Section 286-52, by
enhancing the vehicle transfer process requiring both the
transferor and transferee to appear in person to execute the
transfer, which will better protect both parties from fraud
and ensure that Counties keep current and accurate
records of vehicle transfers and ownership (See
Resolution No. 2020-34)
COUNCIL MEETING AGENDA 2 AUGUST 19, 2020
F COMMUNICATIONS
1 C 2020-203 Communication (07/30/2020) from the Housing Director,
requesting Council approval to apply for, receive, and expend
Federal funds, in the amount of $144,000 00, and approval to
indemnify the United States Department of Housing & Urban
Development (HUD), for the continuation of the two (2) Housing
Choice Voucher Family Self-Sufficiency (HCVFSS) Program
Coordinators' salaries and fringe benefits
2 C 2020-204 Communication (08/05/2020) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
for the third, fourth, and fifth allotments in the amount of
$30,725 00 for Fiscal Year 2020 (total amount of funds including
the previous approved awards is $39,517.00), and to indemnify the
State Executive Office on Aging, for the Nutrition Services
Incentive Program (NSIP) provision of congregate and
home-delivered meals
3 C 2020-205 Communication (08/05/2020) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance to
amend Chapter 5A of the Kaua`i County Code 1987, as amended,
relating to real property tax and requirements for the home
exemption (See Proposed Draft Bill (No. 2803))
G LEGAL DOCUMENT
1 C 2020-206 Communication (07/15/2020) from Troy K Tanigawa, Acting
County Engineer, requesting Council acceptance of a gift of land
and approval of the corresponding Dedication Deed, from Lihu`e
Court Townhomes Corporation to the County of Kaua`i, for a
non-taxable road or right-of-way, located at the eastern end of
Hoala Street, Lihu`e, Hawai`i, Tax Map Key (TMK)
No (4) 3-6-003.050,
• Dedication Deed
H CLAIMS.
1 C 2020-207 Communication (08/06/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Jason P. Same, for damage to his vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i
COUNCIL MEETING AGENDA 3 AUGUST 19, 2020
2 C 2020-208 Communication (08/07/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Normandie Yadao, for damage to his vehicle, pursuant to
Section 23 06, Charter of the County of Kaua`i
I COMMITTEE REPORTS.
1. PUBLIC WORKS & VETERANS SERVICES COMMITTEE:
a. CR-PWVS 2020-02: on PWVS 2020-02 Communication (07/06/2020) from
Committee Chair Kagawa, requesting the
presence of the Acting County Engineer, to
provide a briefing on concerns related to
the Solid Waste Division's overtime and
the managerial efforts being made to
reduce overtime costs [Received for the
Record.]
2. PARKS & RECREATION/ TRANSPORTATION COMMITTEE:
a. CR-PRT 2020-01: on PRT 2020-01 Communication (07/07/2020) from
Councilmember Cowden, requesting the
presence of the Director of Parks &
Recreation, to provide a briefing on the
erosion damage occurring to the Ke Ala
Hele Makalae multi-use path, including
the location of current damage,
anticipated damage, estimated repair and
mitigation costs, future mitigation
strategy, and respective timelines
[Received for the Record.]
3. PLANNING COMMITTEE:
a. CR-PL 2020-07: on Bill No 2794 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 10, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO ENFORCEMENT,
LEGAL PROCEDURES, AND
PENALTIES [Approved.]
COUNCIL MEETING AGENDA 4 AUGUST 19, 2020
4. PUBLIC SAFETY & HUMAN SERVICES COMMITTEE:
a. CR-PSHS 2020-03: on PSHS 2020-02 Communication (07/24/2020) from
Committee Chair Cowden, requesting the
presence of the Housing Director, the
Director of Parks & Recreation, the Chief
of Police, the Emergency Management
Administrator, and the Executive on
Transportation, to provide a briefing
regarding "Hale Kokua" initiatives to
assist the houseless and emergency
shelter resources [Received for the
Record.]
5. COMMITTEE OF THE WHOLE:
a. CR-COW 2020-18: on COW 2020-07 Communication (07/10/2020) from
Councilmember Kagawa, requesting the
presence of the Mayor and the Managing
Director, to provide a briefing to discuss
what each County department/agency is
doing to address pension spiking
[Received for the Record.]
J RESOLUTIONS
1 Resolution No 2020-33 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Jennifer Carter)
2 Resolution No. 2020-34 — RESOLUTION APPROVING A STATE BILL
RELATING TO REGISTRATION OF VEHICLES FOR INCLUSION IN THE 2021
COUNTY OF KAUAI LEGISLATIVE PACKAGE AND THE 2021 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE
K. BILL FOR FIRST READING
1. Proposed Draft Bill (No 2803) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAX (Home Exemption Requirements)
COUNCIL MEETING AGENDA 5 AUGUST 19, 2020
L BILL FOR SECOND READING
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 (See also
CR-PL 2020-07; the Planning Committee recommended approval on second and
final reading)
M. 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-1032 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 to provide
a briefing and request settlement authority for an agreement
settling potential claims between Mark Development, Inc., Koa`e
Workforce Housing LP, Hawaii Assisted Housing, Inc , and the
County of Kaua`i, and related matters 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.
N ADJOURNMENT.
O 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.
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Event Detail
«All Events When&Where
Kauai County Council,Council/Committee Meeting Date/Time
Wednesday,August 19,2020 Wednesday,August 19,2020
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 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
Click on the link below for a PDF file of the posted agenda
August 19,2020 Council Meeting
August 19,2020 Committee Meeting Agenda
August 19,2020 Special Housing&Intergovernmental Relations Committee Meeting
(Housing Policy Workshop)Agenda
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