HomeMy WebLinkAbout02/09/2022 Notice and Agenda, Council Meeting RECEIVED
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, FEBRUARY 9, 2022 71 FEB -3 A8 :35
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
F ;fit: i
HISTORIC COUNTY BUILDING THE lNTY LER
4396 RICE STREET, SUITE 201 COON I 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. January 26, 2022 Council Meeting
E. CONSENT CALENDAR:
1. C 2022-19 Communication (01/18/2022) from the Director of Finance,
transmitting for Council information, the County of Kaua`i
Schedule of Fund Balances as of June 30, 2021; pursuant to
Kaua`i County Charter Section 19.14.
F. COMMUNICATIONS:
1. C 2022-20 Communication (01/13/2022) from the Director of Finance,
requesting Council approval of the indemnification language
contained in the Property Damage Release and Indemnity
Agreement and to accept payment of $7,737.86 for the
replacement of the damaged air conditioner unit that is located
outside of the Information Technology office facing Kuhio
Highway that sustained damages in an automobile accident on
September 9, 2021.
COUNCIL MEETING AGENDA 2 FEBRUARY 9, 2022
2. C 2022-21 Communication (01/13/2022) from the Housing Director,
requesting Council approval to dispose of the Section 8 Division
Records, in accordance with Section 46-43, Hawai`i Revised
Statutes, and Resolution No. 2021-48, which have met the
three (3) years or more retention period:
• Wait List — Lottery (Applicants not selected by lottery)
from 2014;
• Wait List Pull — Inactive (Applicants mail returned due to
insufficient address with no forwarding address.
Applicants did not respond to waitlist pull letters. Voucher
expired — issued with no tenancy lease up.) from
2014-2017;
• Wait List Reports (Wait list listing by year) from
2008-2011;
• HCV EP Files (Participants files that ended participation
with agency) from 2005-2017;
• HCV EP with Cause Files (Participant files that
participation ended due to program violation) from
2014-2016;
• HCV QC Audit Files — Inspections (Quality Control Audits
on Inspections —participant tenancy) from 2012-2016;
• FSS Closed Files (Participant files that have graduated or
exited the FSS program) from 1998-2016; and
• FSS Homeownership Files (Participants that completed
the FSS Homeownership program) from 2004-2014.
3. C 2022-22 Communication (01/20/2022) from the Fire Chief, requesting
Council approval to accept a donation of sixteen (16) used
televisions, valued at $3,200.00, from the Marriott Waiohai Beach
Club, on behalf of Clinton Makanani, Multi-Site Director of Safety
& Security, which will be distributed to all stations on the island
for recreational use in common areas.
4. C 2022-23 Communication (01/21/2022) from the Fire Chief, requesting
Council approval to apply for, receive, and expend United States
Department of Homeland Security (DHS), Federal Emergency
Management Agency (FEMA) Assistance to Firefighters
Grant (AFG), in the amount of $597,272.73 ($59,727.27 County
Match), to fund the purchase of one (1) fire engine to replace an
existing apparatus at Fire Station 6 at Hanapepe and in the
amount of $112,272.27 ($11,272.73 County Match) for Firefighter
Health and Wellness including behavioral health support, cancer
screenings, and exposure reporting for Kaua`i Firefighters.
5. C 2022-24 Communication (01/21/2022) from the Chief of Police, requesting
Council approval of the indemnification provisions included in
Navigate 360's Terms of Service Agreement for the Crimestoppers
P3 App, which is used to securely manage anonymous tips from the
public to assist law enforcement efforts.
COUNCIL MEETING AGENDA 3 FEBRUARY 9, 2022
6. C 2022-25 Communication (01/24/2022) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance
Amending Chapter 5, Article 4, Kaua`i County Code 1987, As
Amended, Related To County Transient Accommodations Tax, to
align language in the Kaua`i Transient Accommodations
Tax (KTAT) legislation with that of the State and other county
jurisdictions. (See Proposed Draft Bill (No. 2844))
7. C 2022-26 Communication (01/25/2022) from the Executive on
Transportation, requesting Council approval of a revised Base
Memorandum of Agreement (MOA) for all Federal Transit
Administration (FTA) Section 5311 and 5339 grants, and to
indemnify the FTA, which covers grant HI-2021-011 and was
previously approved via C 2019-147 on June 26, 2019, and
C 2021-177 on August 4, 2021 and will remain valid for five (5)
years.
8. C 2022-27 Communication (01/27/2022) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
in the amount of $2,000,000.00, and to indemnify the State
Executive Office on Aging, for the provision of Title III services of
the Older Americans Act, which includes supportive services,
congregate meals, home-delivered meals, preventive health
programs, and the National Family Caregiver Support Program,
for the Federal Fiscal Year 2022 that began February 1, 2022 and
runs through January 31, 2024.
G. CLAIMS:
1. C 2022-28 Communication (01/18/2022) from the County Clerk, transmitting
a claim filed against the County of Kauai by Neil and Michelle
Young, for damage to their vehicle and personal injuries, pursuant
to Section 23.06, Charter of the County of Kaua`i.
2. C 2022-29 Communication (01/20/2022) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Allstate Insurance
Company as subrogee of Allison Jacobson, for damage to her
vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i.
COUNCIL MEETING AGENDA 4 FEBRUARY 9, 2022
H. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2844) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5, ARTICLE 4, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATED TO COUNTY TRANSIENT ACCOMMODATIONS TAX
I. 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-1070 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and 92-5(a)(8), and Kaua`i County Charter
Section 3.07(E), the purpose of this Executive Session is to consult
with the Council's legal counsel to receive legal updates, overviews,
and recommendations for purposes of obtaining Council approval to
settle a workers' compensation claim. This deliberation and/or
decision-making involves matters that require the consideration of
information that must be kept confidential due to significant privacy
interests. The significant privacy interests relate to a medical
history, diagnosis, condition, treatment, and evaluation. This
information is protected from disclosure pursuant to state or federal
law, including the Health Insurance Portability and Accountability
Act.
J. ADJOURNMENT.
K. PUBLIC HEARING NOTE: Effective January 1, 2022, Act 220, Session Laws of
Hawai`i (SLH) 2021 adds a new option to the Sunshine Law that allows boards to hold remote
meetings via interactive conference technology (ICT), such as online meeting platforms,
teleconferences, videoconference, and voice over internet protocol. Pursuant to Act 220,
SLH 2021 and Governor David Y.Ige's Emergency Proclamation Related to COVID-19(Omicron
Variant) dated January 26, 2022, all meetings of the Council will be closed to the public
consistent with social distancing practices due to the COVID-19 pandemic. 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
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 during regular business hours (7:45 a.m. to
4:30 p.m., Monday through Friday, excluding holidays). 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 may continue watching the meeting
via the livestream link found at www.kauai.gov/webcastmeetings. All accommodations pursuant
to Act 220, SLH 2021 shall be submitted to the Office of the County Clerk, Council Services
Division as soon as possible. Requests made as early as possible will allow adequate time to
fulfill your request. Requests can be made via E-mail to cokcouncil@kauai.gov or by calling
(808) 241-4188 during regular business hours (7:45 a.m. to 4:30 p.m., Monday through Friday,
excluding holidays).
COUNCIL MEETING AGENDA 5 FEBRUARY 9, 2022
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.gov/Council/PublicHearings
1. Bill No. 2842 —A BILL FOR AN ORDINANCE AMENDING CHAPTER 19, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO PUBLIC PARKS AND
RECREATION, AND CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO GENERAL PROVISIONS RELATING TO PUBLIC HEALTH,
SAFETY AND WELFARE
2. Bill No. 2843—A BILL FOR AN ORDINANCE AMENDING SECTION 19-1.9, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO SCHEDULE OF FEES AND
DEPOSITS
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.
• COUNCIL CALENDAR(NOT PUBLIC)iE * Government/County Council/Council Calendar(Not Public)
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Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,February 9,2022 Wednesday,February 9,2022
Hawaiian Standard Time
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Meetings of the Kaua'i 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. 2 -,tr,.,., PI,; i C)
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Click on the link below for a PDF file of the posted agenda: C1 X
February 9,2022 Council Meeting Agenda +4`
February 9,2022 Committee Meeting Agenda 1-11 CO rn
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I I I I
COUNTY COUNCIL of OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair p , �� •S-
Mason K.Chock,Vice Chair f � pG� Jade K.Fountain-Tanigawa,County Clerk
Bernard P. Carvalho,Jr. Scott K. Sato,Deputy County Clerk
Felicia Cowden O•
Bill DeCosta : A `
'21 FEB -3 A 8
Luke A.Evslin ?`'"fowno•xv 4. Telephone: (808)241-4188
KipuKai Kuali`i OF Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
"` P 'tt_ OF I ncil Services Division
TUC L °LINTY CL- f• Rice Street,Suite 209
CO
SOUK i Y OF K ude,Kauai,Hawai`i 96766
Effective January 1, 2022, Act 220, Session Laws of Hawai`i (SLH) 2021 adds a new option
to the Sunshine Law that allows boards to hold remote meetings via interactive conference
technology (ICT), such as online meeting platforms, teleconferences, videoconference, and
voice over internet protocol.
Pursuant to Act 220, SLH 2021 and Governor David Y. Ige's Emergency Proclamation
Related to COVID-19 (Omicron Variant) dated January 26, 2022, the meetings of the Kaua`i
County Council will be conducted as follows until further notice:
• Meetings will be noticed pursuant to Hawai`i Revised Statutes (HRS) Chapter 92.
• The meeting will be closed to the public to be consistent with social distancing
practices due to the COVID-19 pandemic.
• 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 during regular business hours
(7:45 a.m. to 4:30 p.m., Monday through Friday, excluding holidays). 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 may continue watching the meeting via the livestream link found at
www.kauai.gov/webcastmeetings.
• All accommodations pursuant to Act 220, SLH 2021 shall be submitted to the Office
of the County Clerk, Council Services Division as soon as possible. Requests made as
early as possible will allow adequate time to fulfill your request. Requests can be
made via E-mail to cokcouncil@kauai.gov or by calling (808) 241-4188 during regular
business hours (7:45 a.m. to 4:30 p.m., Monday through Friday, excluding holidays).
• Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to the
Council's website upon completion and approval.
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