HomeMy WebLinkAbout05/18/2022 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, MAY 18, 2022
8:30 A.M. OR SOON THEREAFTER RECEIVED
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201 72 MAY 12 A 4 *2
LIHU`E, KAUA`I, HAWAI`I 96766
te C.
A. MEETING CALLED TO ORDER. THE t":11I Ta.Y MEM
et UNTY @F KA A
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. May 4, 2022 Council Meeting
2. May 11, 2022 Public Hearing re: Resolution No. 2022-10, Bill No. 2851, and
Bill No. 2852
E. CONSENT CALENDAR:
1. C 2022-102 Communication (04/28/2022) from the Director of
Human Resources, transmitting for Council information, the
May 1, 2022 Vacancy Report, pursuant to Section 24 of
Ordinance No. B-2021-877, relating to the Operating Budget
of the County of Kaua`i for Fiscal Year 2021-2022.
F. COMMUNICATIONS:
1. C 2022-103 Communication (04/20/2022) from Council Vice Chair Chock and
Councilmember DeCosta, transmitting for Council consideration,
A Bill For An Ordinance Amending Chapter 8, Kaua`i County
Code 1987, As Amended, Relating To Campgrounds, to allow
Educational Camping in the Agricultural District for campers
eighteen (18) years of age or younger via the Use Permit process.
(See Proposed Draft Bill (No. 2859))
2. C 2022-104 Communication (04/20/2022) from Councilmember Carvalho and
Council Vice Chair Chock, transmitting for Council consideration,
A Bill For An Ordinance Amending Chapter 8, Kaua`i County
Code 1987, As Amended, Relating To Guest House, to increase
the allowable square footage from 500 square feet to 800 square
feet and to require that one off-street parking be provided for each
Guest House. (See Proposed Draft Bill (No. 2860))
COUNCIL MEETING AGENDA 2 MAY 18, 2022
3. C 2022-105 Communication (04/25/2022) from the Housing Director,
requesting Council approval to receive and expend funds from the
American Rescue Plan Act (ARPA) Coronavirus State and Local
Fiscal Recovery Funds (SLFRF), in the amount of $5,000,000.00,
which will be used to provide emergency rental assistance, housing
stability services, or other related eligible services to County of
Kaua`i residents.
4. C 2022-106 Communication (04/26/2022) from the Chief of Police and
Mark Ozaki, Acting Assistant Chief of Police, requesting
Council approval of unbudgeted equipment purchases using
unexpended salaries, in the amounts of $109,504.94 and
$19,423.19, respectively, for ten (10) Motorola Model APX 7000
portable radios and a Codan Portable Repeater, which are critical
to improve police operational efficiency and fundamental to
employee safety and accountability.
5. C 2022-107 Communication (05/02/2022) from the Chief of Police, requesting
Council approval to receive and expend funds from the Hawai`i
High Intensity Drug Trafficking Area (HIDTA) Program, in the
amount of $161,400.00, for the payment of overtime, renting of
vehicles and aircraft, training, replacement of old equipment, and
the purchase of new technology.
6. C 2022-108 Communication (05/02/2022) from the Director of Finance,
requesting Council approval to accept the standard
Indemnification, Services, and Default Administration terms as
stated in the Standard Agreement with Stericycle, Inc. for records
disposal services.
7. C 2022-109 Communication (05/04/2022) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance
Amending Chapter 5A, Sections 5A-3.4, 5A-6.1, 5A-6.4, 5A-12.1,
5A-12.3, 5A-12.7, and 5A-12.8, Kaua`i County Code 1987, As
Amended, Relating To Real Property Taxes, requiring appellants
to file with the County Board of Review before appealing to the
State Tax Court. (See Proposed Draft Bill (No. 2861))
8. C 2022-110 Communication (05/04/2022) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance
Amending Chapter 5A, Section 9.2, Kaua`i County Code 1987, As
Amended, Relating to Real Property Taxes, a housekeeping
measure regarding assessments of golf courses, removing the
requirement of the Real Property Assessment Division to account
for "imparted value." (See Proposed Draft Bill (No. 2862))
COUNCIL MEETING AGENDA 3 MAY 18, 2022
9. C 2022-111 Communication (05/04/2022) from the Director of Human
Resources, transmitting for Council consideration, the cost items
for the Hawai`i Government Employees Association (HGEA)
Bargaining Unit 2 for period July 1, 2021 to June 30, 2025,
pursuant to Hawai`i Revised Statutes (HRS) Section 89-11
and Kaua`i County Charter Section 19.13B. The terms of
the Collective Bargaining Agreement were recently ratified by
the employees Bargaining Unit 2. (See Proposed Draft
Bill (No. 2863))
10.C 2022-112 Communication (05/04/2022) from the Director of Human
Resources, transmitting for Council consideration, the cost items
for the Hawaii Government Employees Association (HGEA)
Bargaining Unit 3 for period July 1, 2021 to June 30, 2025,
pursuant to Hawai`i Revised Statutes (HRS) Section 89-11
and Kaua`i County Charter Section 19.13B. The terms of
the Collective Bargaining Agreement were recently ratified by
the employees Bargaining Unit 3. (See Proposed Draft
Bill (No. 2864))
11.C 2022-113 Communication (05/04/2022) from the Director of Human
Resources, transmitting for Council consideration, the cost items
for the Hawaii Government Employees Association (HGEA)
Bargaining Unit 4 for period July 1, 2021 to June 30, 2025,
pursuant to Hawai`i Revised Statutes (HRS) Section 89-11
and Kauai County Charter Section 19.13B. The terms of
the Collective Bargaining Agreement were recently ratified by
the employees Bargaining Unit 4. (See Proposed Draft
Bill (No. 2865))
12.C 2022-114 Communication (05/04/2022) from the Director of Human
Resources, transmitting for Council consideration, the cost items
for the Hawai`i Fire Fighters Association (HFFA) Bargaining
Unit 11 for the period July 1, 2021 through June 30, 2025 based
on an arbitrated award and in accordance with the procedures
contained in Chapter 89, Hawai`i Revised Statutes (HRS),
pursuant to HRS Section 89-11 and Kaua`i County Charter
Section 19.13B. (Arbitration Panel's Award and Decision for
Bargaining Unit 11 on file in the Office of the County Clerk.)
(See Proposed Draft Bill (No. 2866))
COUNCIL MEETING AGENDA 4 MAY 18, 2022
13.C 2022-115 Communication (05/04/2022) from the Director of Human
Resources, transmitting for Council consideration, the cost items
for the Hawai`i Government Employees Association (HGEA)
Bargaining Unit 13 for period July 1, 2021 to June 30, 2025
pursuant to Hawai`i Revised Statutes (HRS) Section 89-11 and
Kaua`i County Charter Section 19.13B. The terms of the
Collective Bargaining Agreement were recently ratified by the
employees of Bargaining Unit 13. (See Proposed Draft
Bill (No. 2867))
G. CLAIMS:
1. C 2022-116 Communication (05/04/2022) from the County Clerk, transmitting
a claim filed against the County of Kauai by Timothy L. Oga, for
damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kauai.
2. C 2022-117 Communication (05/05/2022) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by David Booth, for
damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
H. COMMITTEE REPORTS:
1. PUBLIC WORKS & VETERANS SERVICES COMMITTEE:
a. CR-PWVS 2022-03: on Bill No. 2853 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 14, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO THE PLUMBING
CODE [Approved.]
2. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE
a. CR-FED 2022-03: on Bill No. 2845, Draft 1 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A,
SECTION 5A-11.26, AND
SECTION 5A-9.1(a), KAUAI
COUNTY CODE 1987, AS
AMENDED, RELATING TO
REAL PROPERTY TAX (Tree
Farm Development Exemption)
[Approved.]
COUNCIL MEETING AGENDA 5 MAY 18, 2022
I. RESOLUTION:
1. Resolution No. 2022-17—RESOLUTION APPROVING THE PROPOSED
FISCAL YEAR 2022-2023 OPERATING BUDGET FOR THE HAWAII STATE
ASSOCIATION OF COUNTIES (Deferred May 4, 2022)
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2859) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO CAMPGROUNDS (Kaua`i County Council, Applicant)
2. Proposed Draft Bill (No. 2860) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO GUEST HOUSE (Kaua`i County Council, Applicant)
3. Proposed Draft Bill (No. 2861) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, SECTIONS 5A-3.4, 5A-6.1, 5A-6.4, 5A-12.1, 5A-12.3,
5A-12.7, AND 5A-12.8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO REAL PROPERTY TAXES
4. Proposed Draft Bill (No. 2862) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, SECTION 9.2, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO REAL PROPERTY TAXES
5. Proposed Draft Bill (No. 2863) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 2 BETWEEN JULY 1, 2021 AND JUNE 30, 2025
6. Proposed Draft Bill (No. 2864) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 3 BETWEEN JULY 1, 2021 AND JUNE 30, 2025
7. Proposed Draft Bill (No. 2865) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 4 BETWEEN JULY 1, 2021 AND JUNE 30, 2025
COUNCIL MEETING AGENDA 6 MAY 18, 2022
8. Proposed Draft Bill (No. 2866) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 11 BETWEEN JULY 1, 2021 AND JUNE 30, 2025
9. Proposed Draft Bill (No. 2867) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 13 BETWEEN JULY 1, 2021 AND JUNE 30, 2025
K. BILLS FOR SECOND READING:
1. Bill No. 2845, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, SECTION 5A-11.26, AND SECTION 5A-9.1(a), KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (Tree Farm
Development Exemption) (See also CR-FED 2022-03; the Finance & Economic
Development Committee recommended approval on second and final reading.)
2. Bill No. 2853 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
PLUMBING CODE (See also CR-PWVS 2022-03; the Public Works & Veterans
Services 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-1074 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
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 the Council with a briefing and request for settlement
authority on the issue of attorney's fees in the matter of Roy Gal vs.
County of Kaua`i, et al., Civil No. 20-00011 (United States District
Court for the District of Hawai`i). This briefing and consultation
involve the consideration of the powers, duties, privileges,
immunities, and/or liabilities of the Council and the County as they
relate to this agenda item.
COUNCIL MEETING AGENDA 7 MAY 18, 2022
M. ADJOURNMENT.
N. PUBLIC HEARING NOTE: 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.
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 may be given 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. It is recommended that anyone interested
in providing oral testimony 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 or may listen to the meeting on the oral testimony Zoom
link. All accommodations pursuant to Act 220, Session Laws of Hawai`i 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).
/*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. 2854 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO ALL-HAZARD STATEWIDE
OUTDOOR WARNING SIREN SYSTEMS (County of Kauai Planning Department,
Applicant) (ZA-2022-2)
2. Bill No.2855—A BILL FOR AN ORDINANCE AMENDING CHAPTER 8,KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO WAREHOUSES IN THE COMMERCIAL
GENERAL ZONING DISTRICT (County of Kauai Planning Department, Applicant)
(ZA-2022-3)
O. 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.
Kaua`i County Council, Council / Committee Meeting Page 1 of 2
0 C.ourijor Kauai' I
f;OVERNMENT+ RESIDENTS+ $USINFSS+ VISITORS+ Q j
CALENDAR OF EVENTS * Residents/Calendar Of Events
Event Detail
«All Events When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,May 18,2022 Wednesday,May 18,2022
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
'Vvt _l I l 1, rl ti; � ,�,t _Export to my calendar
i ,,,..? ,,.._..,3. .7..
i .. --r�is'"4
rill in
N
•
•
. . i ;
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:
May 18,2022 Council Meeting Agenda
Copyright 2022-County of Kauai I Privacy Statement I Terms Of Use I Disclaimers I Language Translation
https://www.kauai.gov/Calendar/ctl/ViewEvent/mid/3118/Occuranceld/6045 5/12/2022
COUNTY COUNCIL '22 MAY 12 A 4 :0 ,>-___ OFFICE OF THE COUNTY CLERK
Anyl Kaneshiro,Chair �,S c� of dr.�
Mason K.Chock,Vice Chair /'off \ Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. 1' r`t I'/; `�4 Scott K. Sato,Deputy County Clerk
Felicia Cowden ';{ r U'I Y L "f it
Bill DeCosta OCi Y OF h k\,a•
Luke A.Evslin Telephone: (808)241-4188
KipuKai Kuali`i " of . Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
Council Services Division
4396 Rice Street, Suite 209
Lihu`e,Kaua`i,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, 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.
• 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 (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. Any testimony received after this time will be incorporated
into the record as appropriate.
• Oral testimony will be taken in-person or via the Zoom remote technology platform.
It shall be the responsibility of the testifier to ensure that the Zoom software is
downloaded prior to the meeting. It is recommended that anyone interested in
providing oral testimony 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 or may listen to the meeting on the oral testimony
Zoom link that can be accessed at https://tinyurl.com/KauaiCountyCounci1051822.
o Video: Meeting ID 823 0901 0213; Passcode: 5BN4fa
o Dial-In: +1 253 215 8782; Meeting ID 823 0901 0213; Passcode: 418151
• 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.
AN EQUAL OPPORTUNITY EMPLOYER