HomeMy WebLinkAbout11/25/2020 Notice and Agenda, Council Meeting COUNTY COUNCIL c-r, 71 1V E D of OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair 190
Ross Kagawa,Vice Chair p �G� Jade K.Fountain-Tanigawa,County Clerk
Arthur Brun ' Scott K. Sato,Deputy County Clerk
Mason K.Chock NOV 19 NO :4 P
Felicia Cowden va R Q
Luke A.Evslin `9j�h 4,a �y Telephone: (808)241-4188
KipuKai Kuali`i T', of Facsimile: (808)241-6349
ERAE-mail: cokcouncil@kauai.gov
0 F K A U Mouncil Services Division
4396 Rice Street,Suite 209
L-1hu`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 Fifteenth
Supplementary Emergency Proclamation dated November 16, 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, Li1hu`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
ROE EIVED
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, NOVEMBER 25, 2020 A10 ;
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
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. November 12, 2020 Council Meeting
2. November 12, 2020 Public Hearing re: Bill No. 2805, Bill No. 2806,
Bill No. 2807, Bill No. 2808, Bill No. 2809, Bill No. 2810, Bill No. 2811, and
Bill No. 2812
E. CONSENT CALENDAR:
* THESE MATTERS HAVE REMAINED INACTIVE ON THE COUNCIL'S
DEFERRED AGENDA LOG AND HAVE BEEN DEEMED OBSOLETE. THEY WILL
BE FORMALLY RECEIVED FOR THE RECORD AND FILED. NO ADDITIONAL
ACTION WILL BE TAKEN ON EACH ITEM.
1. Proposed Draft Bill (No. 2246) (*) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. PM-316-95, RELATING TO ZONING
CONDITIONS ON PROPERTY IN KAPA`A HOMESTEADS, KAUA`I (Referred to
the Planning Commission on November 7, 2007)
2. Bill No. 1993, Draft 1 (*) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 9, KAUA`I COUNTY CODE 1987, RELATING TO PUBLIC
ACCESS-WAYS (Referred to the Planning Department on October 18, 2001)
3. Bill No. 2044 (*) — A BILL FOR AN ORDINANCE TO AMEND OPEN
DISTRICT DESIGNATIONS ON ZONING MAP ZM-PR700 AT PRINCEVILLE,
KAUA`I, HAWAI`I (Referred to the Planning Commission on March 13, 2003)
4. Resolution No. 2004-01 (*) — RESOLUTION PROPOSING A
CHARTER AMENDMENT TO ALLOW MEMBERS OF BOARDS AND
COMMISSIONS UNDER MAYOR-COUNCIL APPOINTMENT PROCESS TO
APPOINT MORE THAN ONE ADDITIONAL MEMBER (Referred to the Charter
Review Commission on March 11, 2004)
COUNCIL MEETING AGENDA 2 NOVEMBER 25, 2020
F. COMMUNICATIONS:
1. C 2020-275 Communication (10/30/2020) from the Chief of Police and
Mark N. Begley, Assistant Chief of Police, Patrol Services
Bureau, requesting Council approval of a Service Agreement
contract and the indemnification provisions contained therein,
between the National Association of Field Training
Officers (NAFTO) and the Kauai Police Department (KPD), for
the training and certification of Field Training Officers for KPD.
2. C 2020-276 Communication (10/30/2020) from Joey Manahan, Hawaii State
Association of Counties (HSAC) President, transmitting for the
Kauai County Council's consideration, the following proposals
to be included in the 2021 HSAC Legislative Package, which
were approved by the HSAC Executive Committee on
October 26, 2020:
• A Bill for An Act Relating to Liquor Fines Collected
Per Year (County of Maui)
• A Bill for An Act Relating to Health Care Insurance
(County of Maui)
• A Bill for An Act Relating to Rental Motor Vehicles
(County of Maui)
• A Bill for An Act Relating to Sunshine Law Boards
(County of Maui)
• A Bill for An Act Relating to Registration of Vehicles
(Vehicle transfer process) (County of Kauai)
• A Bill for An Act Relating to Registration of Vehicles
(U-Drive certificate of registration fee) (County of
Kauai)
• A Bill for An Act Relating to Registration of Vehicles
(Vehicle certificate of registration—payment of
outstanding charges required) (County of Kauai)
• A Bill for An Act Relating to Public Health
Emergency Testing (City & County of Honolulu)
(See Resolution No. 2020-56)
3. C 2020-277 Communication (10/30/2020) from the Director of Parks and
Recreation, requesting Council approval to receive and expend
grant funds, in the amount of$5,000.00, from Stonyfield Organic,
who is working with Beyond Pesticides, to provide direct funding
to help with the initial costs of converting fields to organic
management.
4. C 2020-278 Communication (11/02/2020) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
in the amount of $8,060.00 for program Fiscal Year 2021, for the
Nutrition Services Incentive Program (NSIP) provision of
congregate and home-delivered meals program, and to indemnify
the State Executive Office on Aging.
COUNCIL MEETING AGENDA 3 NOVEMBER 25, 2020
5. C 2020-279 Communication . (11/05/2020) from the Executive on Aging,
requesting Council approval to receive and expend Federal
funds in the amount of $203,007.00 from the State Executive
Office on Aging, to be used for the provision of Title III services
of the Older Americans Act, for the 2021 Federal fiscal year that
began October 1, 2020 through September 30, 2022, and to
indemnify the State Executive Office on Aging.
6. C 2020-280 Communication (11/10/2020) from the Acting County Engineer,
requesting Council approval to use $34,000.00 from the Repair
and Maintenance (R&M) account for the unbudgeted purchase of
a replacement pump for the Fire Station Sewage Pump
Station (SPS), to replace aging equipment which is essential to
restore the designed redundancy for the SPS.
7. C 2020-281 Communication (11/12/2020) from the Director of Finance,
transmitting for Council consideration, A Bill For An
Ordinance Amending Chapter 5A, Kaua`i County Code 1987, As
Amended, Relating To Real Property Taxes to reduce the
assessed value amount from $2,000,000.00 to $1,300,000.00 for
residential homes that fall in the Residential Investor Class.
(See Proposed Draft Bill (No. 2814))
8. C 2020-282 Communication (11/12/2020) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance
Authorizing The Issuance Of General Obligation Refunding
Bonds Of The County Of Kauai For The Purpose Of Refunding
Certain Outstanding General Obligation Bonds And Notes;
Fixing Or Authorizing The Fixing Of The Form, Denominations,
And Certain Other Details Of Such Refunding Bonds And
Providing For The Sale Of Such Bonds To The Public; Providing
For The Retirement Of The Bonds To Be Refunded; And
Authorizing The Taking Of Other Actions Relating To The
Issuance And Sale Of The Refunding Bonds And The Retirement
Of The Bonds To Be Refunded. (See Proposed Draft
Bill (No. 2815))
9. C 2020-283 Communication (11/13/2020) from Council Chair Kaneshiro,
requesting agenda time for a briefing from Spire Hawaii,
LLP (external auditors), to provide a presentation on the Kauai
Fire Department's Performance Audit.
10.C 2020-284 Communication (11/19/2020) from Councilmember Evshn
and Councilmember Chock transmitting for Council
consideration, a Resolution Urging The State Of Hawaii
To Adopt A Revised Safe Reopening Plan For Kauai County
Due To The Coronavirus Disease (COVID-19) Pandemic.
(See Resolution No. 2020-57)
COUNCIL MEETING AGENDA 4 NOVEMBER 25, 2020
G. COMMITTEE REPORTS:
1. PUBLIC WORKS &VETERANS SERVICES COMMITTEE:
a. CR-PVVVS 2020-04: on PWVS 2020-04 Communication (09/15/2020) from
Councilmember Cowden, requesting
the presence of the Acting County
Engineer and the Acting Solid Waste
Chief, to provide a briefing on Act 073
(Session Laws of Hawaii 2020) and
the implications that this legislation
may have on any future planning
efforts by the County of Kauai
Department of Public Works, Solid
Waste Division. [Received for the
Record.]
2. PLANNING COMMITTEE:
a. CR-PL 2020-09: on 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, 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-W100
(WAIMEA), AND ZM-112O0
(HANAPEPE) (WEST KAUA`I
COMMUNITY PLAN) (ZA-2020-07)
[Approved with amendments
made to the West Kauai
Community Plan booklet entitled
"Planning Commission Draft"
dated May 26, 2020 including all
Appendices, as referenced in
Bill No. 2797.]
COUNCIL MEETING AGENDA 5 NOVEMBER 25, 2020
b. CR-PL 2020-10: on Bill No. 2798 A BILL FOR AN ORDINANCE
AMENDING "KAUXI
KAKOU — KAUA`I COUNTY
GENERAL PLAN" (2018) LAND USE
MAPS AND OTHER PROVISIONS
RELATING TO THE WEST KAUA`I
COMMUNITY PLAN (ZA-2020-08)
[Approved.]
c. CR-PL 2020-11: on Bill No. 2799 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)
[Approved.]
d. CR-PL 2020-12: on Bill No. 2800, Draft 1 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) [Approved.]
e. CR-PL 2020-13: on 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)
[Approved.]
f. CR-PL 2020-14: on Bill No. 2802 A BILL FOR AN ORDINANCE
AMENDING ZONING MAP ZM-200
(ZA-2020-12) [Approved.]
COUNCIL MEETING AGENDA 6 NOVEMBER 25, 2020
3. PUBLIC SAFETY& HUMAN SERVICES COMMITTEE:
a. CR-PSHS 2020-04: on PSHS 2020-03 Communication (10/22/2020) from
Committee Chair Cowden, requesting
the presence of the Chief of Police and
the Managing Director, to provide a
briefing on the County of Kaua`i's data
resulting from the State's reopening of
transpacific travel on October 15, 2020,
including the rough percentage of
incoming travelers and residents who
have not been tested for COVID-19,
anticipated challenges with quarantine
enforcement, funding and personnel
strategies, and identifying agencies and
departments that will be conducting
quarantine enforcement. [Received
for the Record.]
4. COMMITTEE OF THE WHOLE:
a. CR-COW 2020-22: on COW 2020-10 Communication (10/29/2020) from
Council Vice Chair Kagawa,
requesting the presence of the
Managing Director, to provide a
briefing on the Administration's
current and future plans to redeploy
County employees unable to perform
their regular duties due to COVID-19
disruptions to services, and the
sustainability of these operational
changes. [Received for the Record.]
H. RESOLUTION:
1. Resolution No. 2020-56 — RESOLUTION APPROVING PROPOSALS
FOR INCLUSION IN THE 2021 HAWAI`I STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE
2. Resolution No. 2020-57 — RESOLUTION URGING THE STATE OF
HAWAI`I TO ADOPT A REVISED SAFE REOPENING PLAN FOR KAUA`I
COUNTY DUE TO THE CORONAVIRUS DISEASE
I. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2814) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAXES (Residential Investor Assessed Value
Reduction)
COUNCIL MEETING AGENDA 7 NOVEMBER 25, 2020
2. Proposed Draft Bill (No. 2815) — A BILL FOR AN ORDINANCE
AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING
BONDS OF THE COUNTY OF KAUA`I FOR THE PURPOSE OF REFUNDING
CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS AND NOTES;
FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS,
AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND
PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC; PROVIDING
FOR THE RETIREMENT OF THE BONDS TO BE REFUNDED; AND
AUTHORIZING THE TAKING OF OTHER ACTIONS RELATING TO THE
ISSUANCE AND SALE OF THE REFUNDING BONDS AND THE RETIREMENT
OF THE BONDS TO BE REFUNDED
J. BILLS FOR SECOND READING:
1. 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, 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-W100 (WAIMEA), AND ZM-H200
(HANAPEPE) (WEST KAU 'I COMMUNITY PLAN) (ZA-2020-07) (The Planning
Committee Approved with amendments made to the West Kauai Community Plan
booklet entitled "Planning Commission Draft" dated May 26, 2020 including all
Appendices, as referenced in Bill No. 2797.)
2. Bill No. 2798 — 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) (See also CR-PL 2020-10; the Planning Committee recommended
approval on second and final reading.)
3. Bill No. 2799 — 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) (See also CR-PL 2020-11; the Planning
Committee recommended approval on second and final reading.)
4. Bill No. 2800, Draft 1 — 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) (See also CR-PL 2020-12, the Planning Committee
recommended approval on second and final reading.)
COUNCIL MEETING AGENDA 8 NOVEMBER 25, 2020
5. 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-H2O0 (HANAPEPE) (ZA-2020-11) (See also CR-PL 2020-13;
the Planning Committee recommended approval on second and final reading.)
6. Bill No. 2802 — A BILL FOR AN ORDINANCE AMENDING ZONING
MAP ZM-200 (ZA-2020-12) (See also CR-PL 2020-14; the Planning Committee
recommended approval on second and final reading.)
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.)
L. ADJOURNMENT.
M. 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,November 25,2020 Wednesday,November 25,2020
Hawaiian Standard Time
Meetings of the Kauai County Council are typically held each Wednesday(unless otherwise Venue
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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:
November 25,2020 Council Meeting Agenda
November 25,2020 Committee Meeting Agenda
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