HomeMy WebLinkAbout11/12/2020 Notice and Agenda, Council Meeting COUNTY COUNCIL ` OFFICE OF THE COUNTY CLERK
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Arryl Kaneshiro,Chair .l.�'Ross Kagawa,Vice Chair /440
Jade K.Fountain-Tanigawa,County Clerk
Arthur Brun C) 'mss . `:I �', Scott K. Sato,Deputy County Clerk
Mason K.Chock
Felicia Cowden "20 NM -6 A9 29 `. ,r � �•�1
Luke A.Evslin ��� �� Telephone: (808)241-4188
KipuKai Kuali`i 1,. OF_ _ . Facsimile: (808)241-6349
! h i C E E-mail: cokcouncil@kauai.gov
THE ( J UN t Y CLERK Council Services Division
•
COUNTY 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 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
THURSDAY, NOVEMBER 12, 2020 ' p A9 29
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS )t ICF OF
HISTORIC COUNTY BUILDING THE («ANTY CLERK
4396 RICE STREET, SUITE 201 COUNTY OF KAUAI
LIHU`E, KAUA`I, HAWAI`I 96766
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meeting of the Council:
1. October 21, 2020 Council Meeting
E. CONSENT CALENDAR:
1. C 2020-265 Communication (10/20/2020) from the Director of Finance,
transmitting for Council information, the Condition of the County
Treasury Statement quarterly report as of May 7, 2020.
COMMUNICATIONS:
1. C 2020-266 Communication (10/09/2020) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning
Commission's recommendation to amend Chapter 8, Article 27,
Kaua`i County Code 1987, as amended, relating to Shoreline
Setback And Coastal Protection. (Copies of the Draft Ordinance
for Zoning Amendment (ZA 2020-14); Minutes from the
May 12, 2020 Planning Commission Meeting; Director's Report;
and Supplement to the Director's Report #1, on file in the Office of
the County Clerk.) (See Proposed Draft Bill (No. 2813))
2. C 2020-267 Communication (10/15/2020) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation that Proposed Draft Bill (No. 2671) be received
for the record. (See Proposed Draft Bill (No. 2671))
COUNCIL MEETING AGENDA 2 NOVEMBER 12, 2020
3. C 2020-268 Communication (10/18/2020) from the Emergency Management
Administrator, requesting Council approval to receive and
expend State funds, in the amount of $750,000.00, from the
United States Department of Homeland Security, via the State
of Hawai`i Department of Defense, to be used to enhance the
capability of State and local units of government to prevent,
deter, respond to, and recover from threats and incidents of
terrorism, as well as "all hazards" catastrophic preparedness
initiatives.
4. C 2020-269 Communication (10/21/2020) from the Executive on Aging,
requesting Council approval to receive and expend a total of
$100,465.00 in State General Funds for Fiscal Year 2021, and
to indemnify the State Executive Office on Aging, to be used for
the provision of Kupuna Care Services, which includes case
management, adult day care, assisted transportation, attendant
care, homemaker care, kupuna care transportation, personal
care, and home-delivered meals.
5. C 2020-270 Communication (10/21/2020) from the Executive on Aging,
requesting Council approval to accept a monetary donation of
$750.00, from `Aina Ho`okupu 0 Kilauea, to be used by the
Retired and Senior Volunteer Program (RSVP) for the delivery
of fresh produce boxes to eligible seniors island-wide.
F. CLAIMS:
1. C 2020-271 Communication (10/15/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
James A. Tavares, for damage to his property, pursuant to
Section 23.06, Charter of the County of Kaua`i.
2. C 2020-272 Communication (10/19/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Jill
Elmore, for damage to her vehicle, pursuant to Section 23.06,
Charter of the County of Kaua`i.
3. C 2020-273 Communication (10/26/2020) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
George Makaneole, for damage to his vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i.
COUNCIL MEETING AGENDA 3 NOVEMBER 12, 2020
4. C 2020-274 Communication (10/27/2020) from the County Clerk,
transmitting a claim filed against the County of Kauai by
DTRIC Insurance, as subrogee for Noel Butay, for damage to his
vehicle, pursuant to Section 23.06, Charter of the County of
Kaua`i.
G. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2671) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO THE COMPREHENSIVE ZONING ORDINANCE (Shoreline Setback)
(Referred to the Planning Commission October 18, 2017)
2. Proposed Draft Bill (No. 2813) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO THE COMPREHENSIVE ZONING ORDINANCE (County of Kauai Planning
Department, ZA-2020-14) (Shoreline Setback And Coastal Protection)
H. 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.)
I. ADJOURNMENT.
J. PUBLIC HEARING NOTE: Pursuant to Governor David Y. Ige's COVID-19 Supplementary
Emergency Proclamations, the most recent being his Fourteenth Supplementary Emergency
Proclamation dated October 13, 2020, 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
public should continue watching the meeting via the live stream link found at
www.kauai.gov/webcastmeetings.
COUNCIL MEETING AGENDA 4 NOVEMBER 12, 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.kauai.gou/Council/PublicHearings
1. Bill No. 2805 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 19,
ARTICLE 1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
PUBLIC PARKS AND RECREATION
2. 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)
3. 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)
4. 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)
5. 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)
6. 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 5 NOVEMBER 12, 2020
7. 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)
8. 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. 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) lic Government/County Council/Council Calendar(Not Public)
Event Detail
«All Events When&Where
Kauai County Council,Council/Committee Meeting Date/Time
Thursday,November 12,2020 Thursday,November 12,2020
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 Hawai'i Revised Statutes(HRS)Section 92-7.
Click on the link below for a PDF file of the posted agenda.
November 12,2020 Council Meeting Agenda
November 12.2020 Committee Meeting Agenda
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