HomeMy WebLinkAbout07/06/2022 Notice and Agenda, Council Meeting r'r"t:.3r ',''
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, JULY 6, 2022 22 JUN 309 :14
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LIHU`E, KAUAI, HAWAII 96766
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. June 15, 2022 Council Meeting
2. June 15, 2022 Public Hearings re: Bill No. 2861, Bill No. 2862, Bill No. 2863,
Bill No. 2864, Bill No. 2865, Bill No. 2866, and Bill No. 2867
E. CONSENT CALENDAR:
1. C 2022-140 Communication (06/03/2022) from the Mayor, transmitting
for Council consideration and confirmation, Mayoral appointee
John P. Venardos to the Salary Commission — Term
ending 12/31/2024. (See Resolution No. 2022-23)
2. C 2022-141 Communication (06/08/2022) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee Jerry
Ornellas (Environmental) to the Planning Commission for a
partial term ending 12/31/2022. (See Resolution No. 2022-24)
3. C 2022-142 Communication (06/16/2022) from the Director of Finance,
transmitting for Council information, Period 11 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget Report as of
May 31, 2022, pursuant to Section 21 of Ordinance No. B-2021-877,
relating to the Operating Budget of the County of Kaua`i for Fiscal
Year 2021-2022. (Copies of the Period 11 Financial Reports as of
May 31, 2022 on file in the Office of the County Clerk.)
COUNCIL MEETING AGENDA 2 JULY 6, 2022
4. C 2022-143 Communication (06/22/2022) from the Hawai`i State
Association of Counties (HSAC) President, transmitting for
Council consideration, HSAC's nomination of Councilmember
KipuKai Kuali`i, County of Kaua`i, and Councilmember Tommy
Waters, City and County of Honolulu, to serve on the Board of
Directors for the National Association of Counties (NACo), and
nominations of Councilmember Shane Sinenci, County of Maui,
and Councilmember Sue Lee Loy, County of Hawai`i, to serve on
the Board of Directors for the Western Interstate Region (WIR),
pursuant to Section 5A and Section 5C of the Bylaws of the Hawai`i
State Association of Counties, Inc. (See Resolution No. 2022-25)
F. COMMUNICATIONS:
1. C 2022-144 Communication (06/06/2022) from the Managing Director,
transmitting for Council consideration, A Bill For An Ordinance
Adding A New Article To Chapter 15, Kaua`i County Code 1987,As
Amended, Relating To Building And Construction Regulations.
(See Proposed Draft Bill (No. 2873))
2. C 2022-145 Communication (06/08/2022) from the Housing Director,
requesting Council approval to perform the following:
a. Acquire under the County's Community Development
Block Grant (CDBG) Program a residential unit at
3920 Haoa Street, Lihu`e, Hawai`i, 96766, Tax Map
Key (TMK): (4) 3-5-001-165-0030, for a purchase price of
not more than $189,850.00; purchase price is based on the
KCHA Repurchase Disclosure Schedule;
b. Approve the resale of 3920 Haoa Street, Lihu`e, Hawai`i,
96766, by fee simple for not more than $191,650.00 as
determined by the Kaua`i County Housing Agency (KCHA)
Repurchase Disclosure Schedule plus approximately
$20,000.00 for unit rehabilitation; and
c. Authorize the County Clerk to sign legal documents related
to the acquisition and resale transactions.
3. C 2022-146 Communication (06/09/2022) from the Executive on
Transportation, requesting Council approval to apply for (after the
fact), receive, and expend a Federal Transit Administration (FTA)
Section 5311 grant, in the amount of $1,071,873.00, for
operational expenses for the County of Kaua`i Department of
Transportation. The indemnification was previously approved
through C 2022-26 under CKTAMOA-01, and umbrella
Memorandum of Agreement (MOA) for all grants under the FTA
for 2021-2026.
COUNCIL MEETING AGENDA 3 JULY 6, 2022
4. C 2022-147 Communication (06/15/2022) from the Housing
Director, requesting Council approval to receive and
expend Hawai`i Housing Finance and Development
Corporation (HHFDC) funds, in the amount of $1,977,568.00,
from the HOME Investment Partnership Program — American
Rescue Plan (HOME-ARP), which will be used for the Lima Ola,
Phase I Permanently Supportive Housing Development in
`E1e`ele, and to indemnify the HHFDC.
5. C 2022-148 Communication (06/16/2022) from the Executive on
Transportation, requesting Council approval to apply
for, receive, and expend a Fiscal Year 2022 Federal
Transit Administration (FTA) Section 5339(c) Low or No
Emission (Low-No) Bus Program competitive grant, in the
amount of $5,365,214.00, and FTA Section 5339(b) Bus and Bus
Facilities Program competitive grant in the amount of
$6,687,892.00. The 5339(b) grant will provide eighty-five
percent (85%) of the cost to replace four (4) diesel-powered buses
that have exceeded their useful service lives, with four (4)
electric-powered buses, along with charging infrastructure, and
the Agency's base yard expansion projects, as recommended in
the Kaua`i Multimodal Land Transportation Plan and the Kauai
Short-Range Transit Plan.
6. C 2022-149 Communication (06/23/2022) from the Acting County Engineer,
transmitting for Council consideration, A Bill For An Ordinance
Amending Sections 25-11.1, 25-12.1, 25-13.4, And 25-13.9 Of The
Kaua`i County Code 1987, As Amended, Relating To Sewers. (See
Proposed Draft Bill (No. 2874))
7. C 2022-150 Communication (06/28/2022) from Councilmember DeCosta and
Councilmember Evslin, transmitting for Council consideration,
A Bill For An Ordinance Amending Chapter 5A, Sections 5A-6.4,
5A-8.1(g), 5A-9.1, And 5A-11.23(a), Kaua`i County Code 1987, As
Amended, Relating To Real Property Tax. (See Proposed Draft
Bill (No. 2875))
COUNCIL MEETING AGENDA 4 JULY 6, 2022
G. LEGAL DOCUMENT:
1. C 2022-151 Communication (06/09/2022) from the Acting County Engineer,
recommending Council approval of the indemnification provisions
contained in the Grant of Easement for a Shared-Use Path
Easement by and between the County of Kaua`i and Coconut
Plantation Beach Investors, LLC, for perpetual non-exclusive
easement to build, construct, reconstruct, rebuild, repair,
maintain, and operate a bike and pedestrian shared-use path for
public access purposes, including a parking lot, comfort station,
utility connections, and ancillary facilities under, upon, across,
and through a portion of that beforementioned property, situated
at Tax Map Key (TMK) No. (4) 4-3-007:027 (Portion), Kapa`a,
Kauai, Hawai`i.
• Grant of Easement
H. CLAIMS:
1. C 2022-152 Communication (06/09/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Hooklifts Hawai`i LLC, for damage to their equipment rental,
pursuant to Section 23.06, Charter of the County of Kaua`i.
2. C 2022-153 Communication (06/16/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Michaela Widener, for vehicle damage, pursuant to Section 23.06,
Charter of the County of Kaua`i.
3. C 2022-154 Communication (06/24/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Subro
Claims, Inc. o/b/o for Geico Insurance, as subrogee for James
Brown, for vehicle damage, pursuant to Section 23.06, Charter of
the County of Kaua`i.
I. COMMITTEE REPORTS:
1. PLANNING COMMITTEE:
a. CR-PL 2022-06: on Bill No. 2856 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 11A, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO ENVIRONMENTAL
IMPACT FEES (County of Kaua`i
Planning Department, Applicant)
(ZA-2022-5) [Approved.]
COUNCIL MEETING AGENDA 5 JULY 6, 2022
b. CR-PL 2022-07: on Bill No. 2857 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO ADDITIONAL
DWELLING UNIT (County of Kaua`i
Planning Department, Applicant)
(ZA-2022-6) [Approved.]
c. CR-PL 2022-08: on Bill No. 2858 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO A PLANNING
DEPARTMENT TRANSIENT VACATION
RENTAL PROGRAM ACCOUNT (County
of Kauai Planning Department, Applicant)
(ZA-2022-7) [Approved As Amended.]
J. RESOLUTIONS:
1. Resolution No. 2022-23 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE SALARY COMMISSION (John P. Venardos)
2. Resolution No. 2022-24 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Jerry Ornellas —
Environmental)
3. Resolution No. 2022-25 — RESOLUTION APPROVING THE HAWAI`I
STATE ASSOCIATION OF COUNTIES NOMINEES TO THE NATIONAL
ASSOCIATION OF COUNTIES BOARD OF DIRECTORS AND THE WESTERN
INTERSTATE REGION BOARD OF DIRECTORS FOR FISCAL YEAR 2022-2023
K. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2873) — A BILL FOR AN ORDINANCE
ADDING A NEW ARTICLE TO CHAPTER 15, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO BUILDING AND CONSTRUCTION REGULATIONS
2. Proposed Draft Bill (No. 2874) — A BILL FOR AN ORDINANCE
AMENDING SECTIONS 25-11.1, 25-12.1, 25-13.4, AND 25-13.9 OF THE KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO SEWERS
3. Proposed Draft Bill (No. 2875) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, SECTIONS 5A-6.4, 5A-8.1(g), 5A-9.1, AND 5A-11.23(a),
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY
TAX
COUNCIL MEETING AGENDA 6 JULY 6, 2022
L. BILLS FOR SECOND READING:
1. Bill No. 2856 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 11A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
ENVIRONMENTAL IMPACT FEES (County of Kauai Planning Department,
Applicant) (ZA-2022-5) (See also CR-PL 2022-06; the Planning Committee
recommended approval on second and final reading.)
2. Bill No. 2857 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
ADDITIONAL DWELLING UNIT (County of Kauai Planning Department, Applicant)
(ZA-2022-6) (See also CR-PL 2022-07; the Planning Committee recommended
approval on second and final reading.)
3. Bill No. 2858, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO A
PLANNING DEPARTMENT TRANSIENT VACATION RENTAL PROGRAM
ACCOUNT (County of Kauai Planning Department, Applicant) (ZA-2022-7) (See also
CR-PL 2022-08; the Planning Committee recommended approval as amended to
Bill No. 2858, Draft 1 on June 15, 2022.)
M. 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 sC92-4 and shall be limited
to those items described in HRS 092-5(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-1077 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 regarding the
Adolescent Treatment and Healing Center located off of Ma'alo
Road and related matters. 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.
N. ADJOURNMENT.
COUNCIL MEETING AGENDA 7 JULY 6, 2022
O. 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, Hawaii 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. 2868 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO APPLICATION OF
REGULATIONS (County of Kauai Planning Department,Applicant) (ZA-2022-4)
2. Bill No. 2869 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 23,
SECTION 23-3.7, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
CONCESSIONAIRES AT THE SPOUTING HORN
3. Bill No. 2870 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 3,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PEDDLERS AND
CONCESSIONAIRES
P. 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: WVVW.KAUAI.GOV/WEBCASTMEETINGS.
• LOU NCI L CALEN DAR (NOT PUBLIC)iE *- Government/County Council/Council Calendar(Not Public)
Event Detail
121 I 0 I Jessica Young Logciul
«AItntent
When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,July 6,2022 Wednesday,July 6,2022
Hawaiian Standard Time
■ +Office of the Mayor
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 Kauai County Council,please visit 4396 Rice St,Lihue,HI 96766,USA
.w taRbRy{ssouncil.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. _
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Click on the link below for a PDF file of the posted agenda: '" r9
JJy 6,2022 Council Meeting Agenda ^C '""'
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J 6,2022 Committee Meeting Agenda 1 ''' 0
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Copyright 2022-County of Kauai I Privacy Statement I Terms Of Use I Disclaimers I Language Translation
COUNTY COUNCIL e - OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair 10 of $
Mason K.Chock,Vice Chair p 9G� Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. ;� Scott K. Sato,Deputy County Clerk
Felicia Cowden 30 A 9 y'
s ?
Bill DeCosta •
I
Luke A.Evslin �y� A� Telephone: (808)241-4188
KipuKai Kuali`i - oF_ Facsimile: (808)241-6349
+'i! , 3.,_ Y i'LEtcic E-mail: cokcouncil@kauai.gov
ttUNTY t ' ' i nci1 Services Division
4396 Rice Street,Suite 209
LYhu`e,Kaua`i,Hawaii 96766
Effective January 1, 2022, Act 220, Session Laws of Hawaii (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, Hawaii 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/KauaiCountyCounci1070622.
o Video: Meeting ID 815 1131 6957; Passcode: aXTxi2
o Dial-In: +1 253 215 8782; Meeting ID 815 1131 6957; Passcode: 081739
• 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