HomeMy WebLinkAbout10/21/2020 Notice and Agenda, Council Meeting COUNTY COUNCIL _-� OFFICE OF THE COUNTY CLERK
Amyl Kaneshiro,Chair .1=.`�\
Ross Kagawa,Vice Chair %p �y\ Jade K.Fountain-Tamgawa,County Clerk
Arthur Brun 3 Scott K. Sato,Deputy County Clerk
Mason K. Chock _ i''
Felicia Cowden ,tD�,TQ
Luke A. Evslin tT 15 A9 �r9i, Telephone: (808)241-4188
KipuKai Kuali`i : OF ,/ Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
,,FFICE OF Council Services Division
THE COUNTY CLERK 4396 Rice Street, Suite 209
COUNTY Of KAUAI 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 earlier suspension of Chapter 92.
The suspension of Chapter 92 was subsequently continued through additional
Supplementary Emergency Proclamations, the most recent being his Fourteenth
Supplementary Emergency Proclamation dated October 13, 2020. 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 Kauai 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, OCTOBER 21, 2020
74) OCT
8:30 A.M. OR SOON THEREAFTER 15 A9 X00
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING OFFICE OF
THE O
4396 RICE STREET, SUITE 201 COou�rUNTMNI Y CLERK
Y OF KAuA`i
LIHU`E, KAUAI, HAWAII 96766
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meeting of the Council:
1. October 7, 2020 Council Meeting
E. CONSENT CALENDAR:
1. C 2020-249 Communication (10/01/2020) from the Deputy Director of
Finance, transmitting for Council information, the First Quarter
Statement of Equipment Purchases for Fiscal Year 2020-2021,
pursuant to Section 17 of Ordinance No. B-2020-866, relating to
the Operating Budget of the County of Kaua`i for Fiscal
Year 2020-2021.
2. C 2020-250 Communication (10/06/2020) from Hugo D. Cabrera, Deputy
County Attorney, transmitting for Council information, the
Quarterly Report on Settled Claims filed against the County of
Kaua`i from July 1, 2020 through September 30, 2020.
3. C 2020-251 Communication (10/07/2020) from Councilmember Cowden,
providing written disclosure of a possible conflict of interest and
recusal relating to the Mayoral Reappointment of Dean A.
Toyofuku to the Board of Ethics, due to an interest in a matter
before the Board of Ethics.
COUNCIL MEETING AGENDA 2 OCTOBER 21, 2020
4. C 2020-252 Communication (10/09/2020) from Council Chair Kaneshiro,
transmitting for Council consideration and confirmation, the
reappointment of Aubrey Summers to the Kaua`i Historic
Preservation Review Commission (Architecture) — Term ending
12/31/2023. (See Resolution No. 2020-55)
F. COMMUNICATIONS:
1. C 2020-253 Communication (09/22/2020) from the Director of Finance and
the Budget Administrator, requesting Council approval to accept
and expend the appropriations provided to the County of Kauai
by the State Legislature of 2019 at its Regular Session, Act 40,
as amended by Act 6, SLH 2020 in the amount of
$15,500,000.00, via Appropriation Warrant No. 220 dated
July 7, 2020 and other pertinent attachments.
2. C 2020-254 Communication (09/29/2020) from Mark Begley, Assistant Chief
of Police, Patrol Services Bureau, requesting Council approval to
apply for, receive, and expend Federal funds, in the amount of
$638,771.27, from the recurring National Highway Traffic
Safety Administration (NHTSA) grant to be used towards the
following traffic-related functions: data traffic records,
distracted driver, occupant protection, road blocks, speed, youth
deterrence, traffic services, purchase of equipment, supplies,
training, travel expenses, media expenses, et cetera.
3. C 2020-255 Communication (09/30/2020) from the Executive on
Transportation, requesting Council approval to receive and
expend the Federal Transit Administration (FTA) Section 5311
grant, in the amount of $1,089,829.00, and a FTA Section 5339
grant, in the amount of $1,400,000.00, and to indemnify the
FTA. The 5311 grant will be used to fund the fifty percent (50%)
grant portion of bus driver wages, hourly pay, and fringe benefit
line items along with other bus service needs including
professional cleaning services for all vehicles and transit
facilities. The 5339 grant will be used to fund the eighty
percent (80%) grant portion of vehicle purchases, equipment,
and transit facility maintenance expenses.
COUNCIL MEETING AGENDA 3 OCTOBER 21, 2020
4. C 2020-256 Communication (10/08/2020) from the Director of Finance and
the Budget Administrator, transmitting for Council
consideration, A Bill For An Ordinance Amending Ordinance
No. B-2020-866, As Amended, Relating To The Operating
Budget Of The County Of Kaua`i, State Of Hawai`i, For The
Fiscal Year July 1, 2020 Through June 30, 2021, By Revising
The Amounts Estimated In The General Fund, to provide the
initial funding to award debris removal contracts, fund repair
costs to parks facilities, and replenish protective measure
expenditures as a result of the March 2020 rain event.
Submittal to the Federal Emergency Management
Agency (FEMA) for these expenses is expected to result in a
seventy-five percent (75%) reimbursement of eligible costs. (See
Proposed Draft Bill (No. 2806))
5. C 2020-257 Communication (10/08/2020) from the Director of Finance and
the Budget Administrator, transmitting for Council
consideration, A Bill For An Ordinance Amending Ordinance
No. B-2020-866, As Amended, Relating To The Operating
Budget Of The County Of Kaua`i, State Of Hawai`i, For The
Fiscal Year July 1, 2020 Through June 30, 2021, By Revising
The Amounts Estimated In The General Fund, to fund the
anticipated half year shortfall in Transient Accommodations
Tax (TAT) revenue through December 31, 2020, due to
COVID-19. (See Proposed Draft Bill (No. 2807))
6. C 2020-258 Communication (10/08/2020) from the Director of Finance and
the Budget Administrator, transmitting for Council
consideration, A Bill For An Ordinance Amending Ordinance
No. B-2020-866, As Amended, Relating To The Operating
Budget Of The County Of Kaua`i, State Of Hawai`i, For The
Fiscal Year July 1, 2020 Through June 30, 2021, By Revising
The Amounts Estimated In The General Fund, and A Bill For
An Ordinance Amending Ordinance No. B-2020-867, As
Amended, Relating To The Capital Budget Of The County Of
Kaua`i, State Of Hawai`i, For The Fiscal Year July 1, 2020
Through June 30, 2021, By Revising The Amounts Estimated In
The Bond Fund And General Fund-CIP, to defund the
Ho`olako/Ka`ana Parcel Improvements project and thereby
restore $1,400,000.00 to the General Fund Unassigned Fund
Balance. (See Proposed Draft Bill (No. 2808) and Proposed
Draft Bill (No. 2809))
COUNCIL MEETING AGENDA 4 OCTOBER 21, 2020
7. C 2020-259 Communication (10/08/2020) from the Director of Finance and
the Budget Administrator, transmitting for Council
consideration, A Bill For An Ordinance Amending Ordinance
No. B-2020-866, As Amended, Relating To The Operating
Budget Of The County Of Kaua`i, State Of Hawai`i, For The
Fiscal Year July 1, 2020 Through June 30, 2021, By Revising
The Amounts Estimated In The General Fund, to authorize the
use of General Funds for eleven (11) positions that were
formerly grant-funded to receive retroactive arbitrated awards
as a part of the Hawai`i Government Employees Association
(HGEA). (See Proposed Draft Bill (No. 2810))
8. C 2020-260 Communication (10/08/2020) from the Director of Finance and
the Budget Administrator, transmitting for Council
consideration, A Bill For An Ordinance Amending Ordinance
No. B-2020-866, As Amended, Relating To The Operating
Budget Of The County Of Kaua`i, State Of Hawai`i, For The
Fiscal Year July 1, 2020 Through June 30, 2021, By Revising
The Amounts Estimated In The General Fund, to provide
necessary funding to continue the County's protective measures
in mitigating and managing the impacts of COVID-19 in 2021.
(See Proposed Draft Bill (No. 2811))
9. C 2020-261 Communication (10/08/2020) from the Director of Finance and
the Budget Administrator, transmitting for Council
consideration, A Bill For An Ordinance Amending Ordinance
No. B-2020-867, As Amended, Relating To The Capital Budget
Of The County Of Kaua`i, State Of Hawai`i, For The Fiscal Year
July 1, 2020 Through June 30, 2021, By Revising The Amounts
Estimated In The Bond Fund And General Fund-CIP, to procure
a system to adequately address the Human Resource / Payroll
System needs. (See Proposed Draft Bill (No. 2812))
G. CLAIMS:
1. C 2020-262 Communication (10/01/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Alan
Yamamoto, for damage to his vehicle, pursuant to Section 23.06,
Charter of the County of Kaua`i.
COUNCIL MEETING AGENDA 5 OCTOBER 21, 2020
2. C 2020-263 Communication (10/13/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Wilber & Associates O/B/O USAA as subrogee of Shere-Khan
Smoot, for damage to her vehicle, pursuant to Section 23.06,
Charter of the County of Kaua`i.
3. C 2020-264 Communication (10/13/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Garden Isle Disposal, Inc., for damage to their property,
pursuant to Section 23.06, Charter of the County of Kauai.
H. COMMITTEE REPORTS:
1. PUBLIC WORKS &VETERANS SERVICES COMMITTEE:
a. CR-PWVS 2020-03: on PWVS 2020-03 Communication (09/17/2020) from
Committee Chair Kagawa, requesting
the presence of the Acting County
Engineer and the Acting Solid Waste
Chief, to continue the discussion that
was previously held regarding the
concerns relating to the Solid Waste
Division's scheduling, overtime, and
repair and maintenance to facilities
and equipment at the refuse transfer
stations. [Received for the Record.]
2. HOUSING & INTERGOVERNMENTAL RELATIONS COMMITTEE:
a. CR-HIR 2020-01: on Bill No. 2774, Draft 4 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 7A,
KAUAI COUNTY CODE 1987,
AS AMENDED, RELATING TO
THE HOUSING POLICY FOR
THE COUNTY OF KAUAI
[Approved as Amended.]
3. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE:
a. CR-FED 2020-07: on 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) [Approved.]
COUNCIL MEETING AGENDA 6 OCTOBER 21, 2020
I. RESOLUTION:
1. Resolution No. 2020-55 — RESOLUTION CONFIRMING COUNCIL
REAPPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW
COMMISSION (Aubrey Summers—Architecture)
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2806) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING
THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Parks & Recreation
RAIN20 Event— $660,000.00)
2. Proposed Draft Bill (No. 2807) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING
THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Transient
Accommodations Tax Revenue Reduction (Half Year)— $7,467,500.00)
3. Proposed Draft Bill (No. 2808) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING
THE AMOUNTS ESTIMATED IN THE GENERAL FUND (General Fund
Unassigned Fund Balance (Ho olako/Ka`ana Parcel Improvements)—$1,400,000.00)
4. Proposed Draft Bill (No. 2809) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2020-867, AS AMENDED, RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING
THE AMOUNTS ESTIMATED IN THE BOND FUND AND GENERAL FUND-CIP
(Ho olako/Ka ana Parcel Improvements Defunding— $4,500,000.00)
5. Proposed Draft Bill (No. 2810) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING
THE AMOUNTS ESTIMATED IN THE GENERAL FUND (HGEA Retroactive
Raises— Grant-Funded Positions)
COUNCIL MEETING AGENDA 7 OCTOBER 21, 2020
6. Proposed Draft Bill (No. 2811) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2020-866, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING
THE AMOUNTS ESTIMATED IN THE GENERAL FUND (COVID-19 Funding For
2021 — $2,000,000.00)
7. Proposed Draft Bill (No. 2812) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2020-867, AS AMENDED, RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2020 THROUGH JUNE 30, 2021, BY REVISING
THE AMOUNTS ESTIMATED IN THE BOND FUND AND GENERAL FUND-CIP
(HRMS, Payroll & Personnel System — $1,335,000.00)
K. BILLS FOR SECOND READING:
1. Bill No. 2774, Draft 5 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 7A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
THE HOUSING POLICY FOR THE COUNTY OF KAUAI (See also
CR-HIR 2020-01; the Housing & Intergovernmental Relations Committee
recommended approval of Bill No. 2774, Draft 5 on October 7, 2020.)
2. 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) (See also
CR-FED 2020-07; the Finance & Economic Development Committee recommended
approval on second and final reading.)
L. 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-1036 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
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 consideration of the powers, duties,
privileges, immunities, and/or liabilities of the Council and the
County as they relate to this agenda item.
M. ADJOURNMENT.
COUNCIL MEETING AGENDA 8 OCTOBER 21, 2020
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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Kauai County Council,Council/Committee Meeting Date/Time
Wednesday,October 21,2020 Wednesday,October 21,2020
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
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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:
October 21,2020 Council Meetmg Agenda
October 21,2020 Committee Meetmg Agenda
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