HomeMy WebLinkAbout08/17/2022 Notice and Agenda, Council Meeting RECEIVED
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, AUGUST 17, 2022 '22 s 11 ',9 :27
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. August 3, 2022 Council Meeting
2. August 3, 2022 Public Hearings re: Bill No. 2873, Bill No. 2874, and
Bill No. 2875
E. CONSENT CALENDAR:
1. C 2022-177 Communication (05/23/2022) from the Director of Finance,
transmitting for Council information, Period 10 Financial
Reports — Statement of Revenues, Statement of Expenditures
and Encumbrances, Revenue Report, and Detailed Budget
Report as of April 30, 2022, pursuant to Section 21 of
Ordinance No. B-2021-877, relating to the Operating Budget of the
County of Kaua`i. (Copies of the Period 10 Report as of April 30, 2022
on file in the Office of the County Clerk.)
2. C 2022-178 Communication (07/12/2022) from the Mayor, transmitting for
Council consideration and confirmation, the appointment of
Shelley Konishi to the Civil Service Commission — Term
ending 12/31/2024. (See Resolution No. 2022-29)
3. C 2022-179 Communication (07/25/2022) from Councilmember Evslin,
transmitting for Council consideration and confirmation, the
appointment of Mai Shintani to the Public Access, Open Space,
Natural Resources Preservation Fund Commission (At-Large) —
Term ending 12/31/2023. (See Resolution No. 2022-30)
COUNCIL MEETING AGENDA 2 AUGUST 17, 2022
F. COMMUNICATIONS:
1. C 2022-180 Communication (07/14/2022) from the Mayor, requesting agenda
time for a briefing from Smith Dawson & Andrews, Inc.,
Washington D.C. consultants, to provide a recap of the services and
activities provided to the County during the past year as part of
their professional services contract.
2. C 2022-181 Communication (07/21/2022) from the Chief of Police, Deputy
Chief of Police, and Mark T. Ozaki, Acting Assistant Chief of
Police, requesting Council approval to receive and expend State
funds, not to exceed $11,000.00, from the State of Hawai`i,
Department of Health, Alcohol and Drug Abuse Division, as
reimbursement for the enforcement of Hawai`i Revised Statutes
(HRS) Section 712-1258, prohibiting tobacco sales to minors via
Memorandum of Agreement 2022-PB-002 Modification 1 effective
September 1, 2022 through August 31, 2023.
3. C 2022-182 Communication (07/25/2022) from the Director of Finance,
requesting Council approval of the acceptance of legal terms and
conditions from Quest Kace, vendor for the County's systems
management and systems deployment software.
4. C 2022-183 Communication (07/28/2022) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend the State Land Use District boundary
concerning a parcel in Kapa'a Homesteads, Kaua`i and to amend
Chapter 8, Kaua`i County Code 1987, as amended, to change the
zoning designation for this same parcel from Agriculture
District (A) to Residential District (R-1). (Copies of the Draft
Ordinance for State Land Use Boundary Amendment (A-2022-1)
and Zoning Amendment (ZA-2022-13); Planning Commission's
Agenda dated July 26, 2022, Director's Report dated July 15, 2022
with exhibits, and Draft Planning Commission Meeting Minutes
(A-2022-1 and ZA-2022-13)on file in the Office of the County Clerk.)
(See Proposed Draft Bill (No. 2880) and Proposed Draft
Bill (No. 2881))
5. C 2022-184 Communication (07/29/2022) 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 Educational Campgrounds. (Copies of the
Draft Ordinance for Zoning Amendment (ZA-2022-10); Planning
Commission's Agenda dated July 26, 2022, Director's Report dated
July 1, 2022 with exhibits and Draft Planning Commission Meeting
Minutes(ZA-2022-10),on file in the Office of the County Clerk.)(See
Proposed Draft Bill (No. 2882))
COUNCIL MEETING AGENDA 3 AUGUST 17, 2022
6. C 2022-185 Communication (08/01/2022) from the Director of Human
Resources, transmitting for Council consideration, the cost items
for the State of Hawai`i Organization of Police Officers (SHOPO)
Bargaining Unit 12 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 12 on file in the Office of the County
Clerk.) (See Proposed Draft Bill (No. 2883))
7. C 2022-186 Communication (08/01/2022) from the Director of Human
Resources, transmitting for Council consideration, the cost items
for the Hawai`i Government Employees Association (HGEA)
Bargaining Unit 15 (Ocean Safety Officers)for period July 1, 2021
to June 30, 2025, based on an arbitrated award and in accordance
with the procedures contained in Chapter 89, Hawai`i Revised
Statues (HRS), pursuant to HRS Section 89-11 and Kaua`i County
Charter Section 19.13B. (Arbitration Panel's Award and Decision
for Bargaining Unit 15 on file in the Office of the County Clerk.)
(See Proposed Draft Bill (No. 2884))
8. C 2022-187 Communication (08/03/2022) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Chapter 10, Article 3, Kaua`i County
Code 1987, as amended, relating to the West Kaua`i Community
Plan Implementing Ordinance, to implement Form-Based Code for
Plantation Camps. (Copies of the Draft Ordinance for Zoning
Amendment (ZA-2022-9); Planning Commission's Agendas dated
July 12, 2022 and July 26, 2022, Director's Reports dated
June 30, 2022 and July 18, 2022 and Draft Planning Commission
Meeting Minutes (ZA-2022-9); Agency Comments, on file in the
Office of the County Clerk.) (See Proposed Draft
Bill (No. 2885))
9. C 2022-188 Communication (08/03/2022) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Article 1 of Chapter 8, Kaua`i County
Code 1987, as amended, relating to Definitions in the
Comprehensive Zoning Ordinance (CZO). (Copies of the Draft
Ordinance for Zoning Amendment (ZA-2022-14); Planning
Commission's Agenda dated July 26, 2022, Director's Report dated
July 20, 2022 and Draft Planning Commission Meeting Minutes
(ZA-2022-14), on file in the Office of the County Clerk.) (See
Proposed Draft Bill (No. 2886))
COUNCIL MEETING AGENDA 4 AUGUST 17, 2022
10.C 2022-189 Communication (08/08/2022) from the Chief of Police, Deputy
Chief of Police, and Bryson M. Ponce, Assistant Chief of Police,
requesting Council approval to accept reimbursement, in the
amount of$3,932.38, from the United States Marshals Service via
Memorandum of Understanding (MOU) pursuant to 28 U.S.C.
Section 566(e)(1) and 34 U.S.C. Section 20941, for equipment
costs to conduct countywide sex offender registration enforcement
and compliance.
G. CLAIM:
1. C 2022-190 Communication (07/26/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Clerkin, Sinclair and Mahfouz, LLP for USAA General Indemnity
Company as subrogee for Stephen O'Donnell and Novelita
Peralty, for property damage, pursuant to Section 23.06, Charter
of the County of Kaua`i.
H. COMMITTEE REPORTS:
1. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE:
a. CR-FED 2022-06: 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 [Approved as
Amended.]
b. CR-FED 2022-07: Bill No. 2871 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 23, ARTICLE 4,
KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO COUNTY
BUSINESS LICENSES [Approved.]
c. CR-FED 2022-08: Bill No. 2872 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY
TAX (Tiered Residential Investor &
Vacation Rental Tax Classifications)
[Approved.]
I. RESOLUTIONS:
1. Resolution No. 2022-29 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Shelley Konishi)
2. Resolution No. 2022-30 — RESOLUTION CONFIRMING COUNCIL
APPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES PRESERVATION FUND COMMISSION (Mai Shintani —At-Large)
COUNCIL MEETING AGENDA 5 AUGUST 17, 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 (Kauai County Council, Applicant) (Referred to
the Planning Commission on May 18, 2022)
2. Proposed Draft Bill (No. 2880) — A BILL FOR AN ORDINANCE
AMENDING THE STATE LAND USE DISTRICT BOUNDARY CONCERNING A
PARCEL IN KAPA`A HOMESTEADS, KAUAI (Manuel DeSilva, Jr., Trustee,
Applicant) (A-2022-1)
3. Proposed Draft Bill (No. 2881) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO ZONING DESIGNATION IN KAPAA HOMESTEADS, KAUAI
(Manuel DeSilva, Jr., Trustee, Applicant) (ZA-2022-13)
4. Proposed Draft Bill (No. 2882) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO CAMPGROUNDS (Kauai County Council, Applicant) (ZA-2022-10)
5. Proposed Draft Bill (No. 2883) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 12 BETWEEN JULY 1, 2021 AND JUNE 30, 2025
6. Proposed Draft Bill (No. 2884) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 15 BETWEEN JULY 1, 2021 AND JUNE 30, 2025
7. Proposed Draft Bill (No. 2885) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 10, ARTICLE 3, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO THE WEST KAUAI COMMUNITY PLAN
IMPLEMENTING ORDINANCE (County of Kauai Planning Department, Applicant)
(ZA-2022-9)
8. Proposed Draft Bill (No. 2886) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO COMPREHENSIVE ZONING ORDINANCE DEFINITIONS (County
of Kauai Planning Department, Applicant) (ZA-2022-14)
COUNCIL MEETING AGENDA 6 AUGUST 17, 2022
K. BILLS FOR SECOND READING:
1. Bill No. 2862, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, SECTION 9.2, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAXES (See also CR-FED 2022-06; the Finance &
Economic Development Committee recommended approval of Bill No. 2862, Draft 1 on
second and final reading on August 3, 2022.)
2. Bill No. 2871 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 23, ARTICLE 4, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO COUNTY BUSINESS LICENSES (See also CR-FED 2022-07; the
Finance & Economic Development Committee recommended approval on second and
final reading.)
3. Bill No. 2872 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAX (Tiered Residential Investor & Vacation Rental Tax
Classifications) (See also CR-FED 2022-08; the Finance & Economic Development
Committee recommended approval on second and final reading.)
L. 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-1080 Pursuant to Hawaii 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 in the matter of Grove Farm Company,
Incorporated vs. County of Kaua`i, et al., Civil
No. 5CCV-22-0000057 (Fifth Circuit Court). 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.
M. ADJOURNMENT.
COUNCIL MEETING AGENDA 7 AUGUST 17, 2022
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 Hawaii 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. 2876 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2022-886, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2022 THROUGH JUNE 30, 2023, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND (Department of Public Works Project
Manager Transfer- $118,177.00)
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.KAUALGOV/WEBCASTMEETINGS.
COUNTY COUNCIL RECEIVED of OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair ��
Mason K.Chock,Vice Chair p 9 Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. `'` Scott K. Sato,Deputy County Clerk
Felicia Cowden �i,_.�,�
Bill DeCosta AUG 11 (19 : 10, Q
Luke A.Evslin s 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,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, 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/KauaiCountyCounci1081722.
o Video: Meeting ID: 850 4365 0888; Passcode: z4Aekm
o Dial-In: +1 253 215 8782; Meeting ID: 850 4365 0888; Passcode: 500753
• 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
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• .COUNCIL CALEN DAR (NOT PUBLIC) *- Government/County Council/Council Calendar(Not Public)
Event Detail
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(<,pb6reesnteent When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,August 17,2022 Wednesday,August 17,2022
Hawaiian Standard Time
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Meetings of the Kaua'i 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
■mq}yyihi}iR6ogy,(rsouncil.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 17,2022 Council Meeting Agenda
August 17,2022 Committee Meeting Agenda
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