HomeMy WebLinkAbout09/23/2020 Notice and Agenda, Council Meeting COUNTY COUNCIL r 11,/ ___ OFFICE OF THE COUNTY CLERK
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Anyl Kaneshiro,Chair w�
Ross Kagawa,Vice Chair \ Jade K Fountain-Tanigawa,County Clerk
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Arthur Brun ;3 Scott K Sato,Deputy County Clerk
Mason K Chock '20 SEP 17 A8 29 A
Felicia Cowden
\‘4\4:-,Luke A.Evshn , c F�` Telephone. (808)241-4188
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KipuKai Kuah`i OF'_.y Facsimile (808)241-6349
4 ' r E mail cokcouncil@kauai.gov
.` ;1 Y AtM 1 Council Services Division
4396 Rice Street, Suite 209
Lihu`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 earher suspension of Chapter 92
The suspension of Chapter 92 was subsequently continued through additional
Supplementary Emergency Proclamations,the most recent being his Twelfth Supplementary
Emergency Proclamation dated August 20, 2020 Chapter 92 of the HRS was suspended to
the extent necessary m order to enable boards to conduct business in-person or through
remote technology without any board members or members of the public physically present
m 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 onhne. 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, SEPTEMBER 23, 2020
8:30 A.M. OR SOON THEREAFTEIRO SEP 17 A8 29"
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING a
4396 RICE STREET, SUITE 201 T "
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. August 26, 2020 Special Council Meeting
2 September 9, 2020 Public Hearing re. Bill No. 2796, Bill No 2797,
Bill No 2798, Bill No. 2799, Bill No. 2800, Bill No. 2801, and Bill No 2802
3 September 9, 2020 Council Meeting
E CONSENT CALENDAR
1 C 2020-234 Communication (09/10/2020) from Councilmember Chock and
Councilmember Kuah`i, transmitting for Council consideration,
a Resolution Supporting `Aina Aloha Economic Futures
Initiative And Transition To A Circular Economy.
(See Resolution No. 2020-43)
F. COMMUNICATIONS•
1. C 2020-235 Communication (08/27/2020) from the Director of Economic
Development, requesting Council approval to apply for, receive,
and expend funds in the amount of $600,000.00, from the United
States Environmental Protection Agency (EPA) Brownfields
Program for planning and assessment of the Kekaha Mill Site.
COUNCIL MEETING AGENDA 2 SEPTEMBER 23, 2020
2. C 2020-236 Communication (08/28/2020) from the Housing Director,
requesting Council approval to perform the following
a Exercise the County of Kaua`i's first right to repurchase a
residential unit at 4277 Lehu Place, Lihu`e, Hawai`i,
96766, Ho`oluana at Kohea Loa, Tax Map Key (TMK) (4)
3-7-012-026 CPR2, for a purchase price of not more than
$447,000 00, based on the payback calculation in the
Repurchase Disclosure,
b Resale by fee simple of 4277 Lehu Place, Lihu`e, Hawai`i,
96766, for not more than $447,000.00, and
c. Authorize the County Clerk to sign legal documents
related to the acquisition and resale transactions
3. C 2020-237 Communication (09/08/2020) from the Emergency Management
Administrator, requesting Council approval to enter into an
Information Sharing Access Agreement (ISAA) between the
Department of Homeland Security / Federal Emergency
Management Agency (DHS/FEMA) Federal Insurance and
Mitigation Administration (FIMA) and the County of Kauai,
and to indemnify the Federal Emergency Management Agency
(FEMA) for information sharing access as it relates to Repetitive
Loss and the National Flood Insurance Program (NFIP)
4 C 2020-238 Communication (09/11/2020) from the County Attorney,
requesting Council authorization to expend funds up to
$50,000 00, to retain Special Counsel to aid the County of Kaua`i
with general legal matters. The representation will include
preparation and filing of a trademark
G COMMITTEE REPORT.
1. COMMITTEE OF THE WHOLE:
a. CR-COW 2020-21: on COW 2020-09 Communication (08/28/2020) from
Councilmember Chock, requesting
agenda time for a briefing from members
of the County's Abandoned/Derehct
Vehicle Task Force, to provide their
findings, recommendations, and action
items to address the abandoned and
derelict vehicle problem on Kaua`i
[Received for the Record.]
COUNCIL MEETING AGENDA 3 SEPTEMBER 23, 2020
H RESOLUTION
1. Resolution No. 2020-43 — RESOLUTION SUPPORTING `AINA
ALOHA ECONOMIC FUTURES INITIATIVE AND TRANSITION TO A
CIRCULAR ECONOMY
I 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-1033 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kauai County Charter Section 3.07(E), the Office
of the County Attorney, on behalf of the County, requests an
Executive Session to consider questions and issues pertaining to
the Council's powers, duties, privileges, immunities, and/or
liabilities as it relates to sewer delinquencies
2 ES-1034 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
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 Council with a briefing on the retention of
Special Counsel to aid the County of Kaua`i with general legal
matters. This representation will include the preparation and
filing of a trademark 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
J ADJOURNMENT
K. PUBLIC HEARING NOTE. Pursuant to Governor David Y Ige's COVID-19 Supplementary
Emergency Proclamations, the most recent being his Twelfth Supplementary Emergency
Proclamation dated August 20, 2020, all meetings of the Council will be closed to the pubhc
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 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 link found at
www kauai gov/webcastmeetings
COUNCIL MEETING AGENDA 4 SEPTEMBER 23, 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 2803 —A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX
(Home Exemption Requirements)
L. 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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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,September 23,2020 Wednesday,September 23,2020
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 agendas., 1k.1
September 23,2020 Council Meeting Agenda VO
September 23,2020 Committee Meeting Agenda
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