HomeMy WebLinkAbout08/03/2022 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, AUGUST 3, 2022
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING R E C E VE D
4396 RICE STREET, SUITE 201
LIHU`E, KAUAI, HAWAII 96766
'22 , . 28 A8 30
A. MEETING CALLED TO ORDER.
B. ROLL CALL. a'' + ` ';
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C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. July 20, 2022 Council Meeting
2. July 20, 2022 Public Hearings re: Resolution No. 2022-22, Bill No. 2871, and
Bill No. 2872
E. INTERVIEWS:
1. CIVIL SERVICE COMMISSION:
• Shelley Konishi—Term ending 12/31/2024
2. PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES
PRESERVATION FUND COMMISSION
• Mai Shintani (At-Large)—Term ending 12/31/2023
F. CONSENT CALENDAR:
1. C 2022-163 Communication (07/13/2022) from the Director of Finance,
transmitting for Council information, the following reports:
a. County of Kaua`i Bond Summary of General Long-Term
Debt: Rollforward for Fiscal Year 2022;
b. County of Kaua`i Bond Supplemental Summary of
General Long-Term Debt Amount Outstanding as
of June 30, 2022; and
c. Excluded County of Kaua`i Bond Supplemental
Summary of Long-Term Debt Amount Outstanding as
of June 30, 2022: CFD No. 2008-1 (Kukui`ula
Development Project) Special Tax Bonds, Series 2012,
Series 2019, and Series 2022.
COUNCIL MEETING AGENDA 2 AUGUST 3, 2022
2. C 2022-164 Communication (07/19/2022) from Chris Donahoe, Deputy County
Attorney, transmitting for Council information, the Quarterly
Report on Settled Claims filed against the County of Kaua`i from
April 1, 2022 through June 30, 2022.
3. C 2022-165 Communication (07/20/2022) from the Director of Finance,
transmitting for Council information, Period 12 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget Report as of
June 30, 2022, pursuant to Section 21 of Ordinance No. B-2021-877,
relating to the Operating Budget of the County of Kauai for Fiscal
Year 2021-2022. (Copies of the Period 12 Financial Reports as of
June 30, 2022 on file in the Office of the County Clerk.)
G. COMMUNICATIONS:
1. C 2022-166 Communication (07/11/2022) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Establishing
A Crosswalk And Bicycle Lanes On Po`ipu Road, Establishing
Parking Restrictions And A Crosswalk And Modifying A School
Zone On Pa'anau Road, And Repealing Resolution No. 50-95 And
Resolution No. 2013-53 In Their Entirety, And Amending Item 3,
Section XV Of Resolution No. 54-91, Koloa District, County Of
Kaua`i. (See Resolution No. 2022-27)
2. C 2022-167 Communication (07/11/2022) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Chapter 8, Kaua`i County Code 1987, as
amended, relating to Additional Rental Units. (Copies of the Draft
Ordinance for Zoning Amendment (ZA-2022-8); Planning
Commission Agenda dated June 28, 2022 and Director's Report
dated June 8, 2022; Agency Comments; and Draft Planning
Commission Meeting Minutes (ZA-2022-8), on file in the Office of the
County Clerk.) (See Proposed Draft Bill (No. 2878))
3. C 2022-168 Communication (07/12/2022) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Chapter 8, Kaua`i County Code 1987, as
amended, relating to the Constraint Districts. (Copies of the Draft
Ordinance for Zoning Amendment (ZA-2022-12); Planning
Commission Agenda dated July 12, 2022 and Director's Report
dated July 12, 2022;Agency Comments from the Fire Department
dated June 13, 2022 and from the University of Hawaii Sea Grant
dated June 29, 2022; and Draft Planning Commission Meeting
Minutes (ZA-2022-12), on file in the Office of the County Clerk.)
(See Proposed Draft Bill (No. 2879))
COUNCIL MEETING AGENDA 3 AUGUST 3, 2022
4. C 2022-169 Communication (07/12/2022) from the Executive on
Transportation, requesting Council approval to dispose of the
following government records, which have been kept for over
seven (7) years and are no longer of use or value, pursuant to
Hawai`i Revised Statutes (HRS) Section 46-43 and Resolution
No. 2008-39 (2008) as amended:
• Fuel Documents (Fuel Receipts from July 1, 2013
through December 31, 2014, and July 1, 2014 through
December 31, 2014)
• AP Documents (Shop AP Documents and Reports,
Fiscal Year Small Equipment Disposed Busses, and
Vehicle Maintenance Logs from July 1, 2012 through
June 30, 2015)
• Payroll Documents (Timesheets, half sheets, Weekly
Schedule (Leave of Absence and Overtime Selections,
Daily Change Forms) Leave Requests, Time Sheets
Distribution List from July 1, 2013 through
June 30, 2015)
• Audit Documents (AP, Travel, AEA Quarter/Annual
Reports, P-Card Transactions, Adjusted Journal
Entries from July 1, 2012 through June 30, 2015)
5. C 2022-170 Communication (07/13/2022) from Michael Gibson, Fire Chief,
requesting Council approval to accept a donation from the Kaua`i
Lifeguard Association, a non-profit organization, of one (1) 2023
Kawasaki Mule 4010, 4x4 Utility Terrain Vehicle, valued at
$13,455.49, to be used by local lifeguards to serve the community.
6. C 2022-171 Communication (07/15/2022) from Councilmember Evslin,
transmitting for Council consideration and confirmation, the
reappointment of Jonathan Thomas Lucas to the Public Access,
Open Space, Natural Resources Preservation Fund Commission
(Koloa/Po ipu/Kalaheo) — Term ending December 31, 2025.
(See Resolution No. 2022-28)
7. C 2022-172 Communication (07/21/2022) from the Fire Chief, requesting
Council approval to accept a donation from the Friends of Kaua`i
Fire Service, a non-profit organization, of an air conditioning unit,
inclusive of installation, parts, and the cost of any necessary
permits valued at $10,000.00, for the Hanalei Fire Station.
8. C 2022-173 Communication (07/26/2022) from Council Chair Kaneshiro,
requesting agenda time for a briefing from Spire
Hawaii, LLP (external auditors), to provide a presentation on the
Department of Public Works, Roads Division Performance Audit.
COUNCIL MEETING AGENDA 4 AUGUST 3, 2022
H. CLAIMS:
1. C 2022-174 Communication (07/14/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Waimea Huakai Partners, LP, for property damage, pursuant to
Section 23.06, Charter of the County of Kaua`i.
2. C 2022-175 Communication (07/18/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by,
American Family Insurance, as subrogee of Monte Huff, for vehicle
damage, pursuant to Section 23.06, Charter of the County of
Kaua`i.
3. C 2022-176 Communication (07/21/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Heather Barth, for vehicle damage, pursuant to Section 23.06,
Charter of the County of Kaua`i.
I. COMMITTEE REPORTS:
1. PARKS & RECREATION / TRANSPORTATION COMMITTEE:
a. CR-PRT 2022-04: on 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 [Approved.]
b. CR-PRT 2022-05: on Bill No. 2870 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 23, ARTICLE 3,
KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO PEDDLERS
AND CONCESSIONAIRES [Approved.]
2. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE:
a. CR-FED 2022-05: on Bill No. 2828 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI
COUNTY CODE 1987, AS AMENDED,
ESTABLISHING A COMMERCIAL
VEHICULAR RENTAL REAL PROPERTY
TAX CLASS [Received for the Record.]
J. RESOLUTIONS:
1. Resolution No. 2022-22 — RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO A HOUSING DEVELOPMENT FUND (Public
hearing held on July 20, 2022)
COUNCIL MEETING AGENDA 5 AUGUST 3, 2022
2. Resolution No. 2022-27 — RESOLUTION ESTABLISHING A
CROSSWALK AND BICYCLE LANES ON PO`IPU ROAD, ESTABLISHING
PARKING RESTRICTIONS AND A CROSSWALK AND MODIFYING A SCHOOL
ZONE ON PA'ANAU ROAD, AND REPEALING RESOLUTION NO. 50-95 AND
RESOLUTION NO. 2013-53 IN THEIR ENTIRETY, AND AMENDING ITEM 3,
SECTION XV OF RESOLUTION NO. 54-91, KOLOA DISTRICT, COUNTY OF
KAUA`I
3. Resolution No. 2022-28 — RESOLUTION CONFIRMING COUNCIL
REAPPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES PRESERVATION FUND COMMISSION (Jonathan Thomas Lucas —
(Koloa/Po`ipu/Kalaheo))
K. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2878) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO ADDITIONAL RENTAL UNITS (County of Kauai Planning
Department, Applicant) (ZA-2022-8)
2. Proposed Draft Bill (No. 2879) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, ARTICLE 12, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO CONSTRAINT DISTRICT(S) (County of Kauai
Planning Department, Applicant) (ZA-2022-12)
L. BILLS FOR SECOND READING:
1. Bill No. 2828 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, ESTABLISHING A
COMMERCIAL VEHICULAR RENTAL REAL PROPERTY TAX CLASS (See also
CR-FED 2022-05; the Finance & Economic Development Committee recommended
Bill No. 2828 be received for the record.)
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 (See also
CR-PRT 2022-04; the Parks & Recreation / Transportation Committee recommended
approval on second and final reading.)
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 (See also CR-PRT 2022-05;
the Parks & Recreation / Transportation Committee recommended approval on
second and final reading.)
COUNCIL MEETING AGENDA 6 AUGUST 3, 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§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-1079 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf
of the Council, the Office of the County Attorney requests an
Executive Session with the Council to provide the Council with a
briefing, discussion, and consultation regarding the Quarterly
Report on Pending and Denied Claims. 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.
N. ADJOURNMENT.
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, 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. 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
COUNCIL MEETING AGENDA 7 AUGUST 3, 2022
2. 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. 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
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: WWW.KAUAI.GOV/WEBCASTMEETINGS.
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• COUNCIL CALENDAR (NOT PUBLIC) * Government/County Council/Council Calendar(Not Public)
Event Detail
El I 0 I Jessica Young LQgLul
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When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,August 3,2022 Wednesday,August 3,2022
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 Bui ding
and for any other information related to the Kauai County Council,please visit 4396 Rice St,Lihue,HI 96766,USA
■w,gyyy,Erouncil.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 Hawaii Revised Statutes(HRS)Section 92-7.
■ +Boards and Commissions
Click on the link below for a PDF file of the posted agenda:
August 3,2022 Council Meeting Agenda
■ Arboris Cpmmittee
August 3, 022 Committee Meeting Agenda
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COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair lrs� of 44-
Mason K.Chock,Vice Chair R E lam,€,I y, ,p; 6 Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. o Scott K. Sato,Deputy County Clerk
Felicia Cowden c► O 'i
Bill DeCosta ram"
Luke A.Evslin 622 . .. 2 ,:,j .- 4 Telephone: (808)241-4188
KipuKai Kuali`i OF _,s Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
c."' Council Services Division
4: { 4396 Rice Street,Suite 209
= i Lihu`e,Kauai,Hawaii 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/KauaiCountyCounci1080322.
o Video: Meeting ID: 869 2307 5195; Passcode: z4Aekm
o Dial-In: +1 253 215 8782; Meeting ID: 869 2307 5195; Passcode: 175760
• 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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