HomeMy WebLinkAbout10/05/2022 Notice and Agenda, Council Meeting /E D
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, OCTOBER 5, 202222 SEp 29 A7 :37
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING .. t
4396 RICE STREET, SUITE 201 I
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. September 21, 2022 Council Meeting
2. September 21, 2022 Public Hearings re: Bill No. 2880, Bill No. 2881,
Bill No. 2882, Bill No. 2883, Bill No. 2884, Bill No. 2885, and Bill No. 2886
E. INTERVIEW:
1. POLICE COMMISSION:
• Mary Kay Hertog—Term ending 12/31/2023
F. CONSENT CALENDAR:
1. C 2022-221 Communication (09/01/2022) from the Mayor, transmitting for
Council consideration and confirmation, the appointment of Julie
Black Caspillo to the Board of Review — Term ending 12/31/2025.
(See Resolution No. 2022-39)
2. C 2022-222 Communication (09/14/2022) from Councilmember DeCosta,
transmitting for Council consideration, a Resolution
Recognizing The Significant Role That Game Animals And Wild
Cattle Play As A Food Source For The Community.
(See Resolution No. 2022-40)
3. C 2022-223 Communication (09/22/2022) from the Managing Director,
transmitting for Council consideration, a Resolution Inviting The
City Of Mimasaka, Okayama Prefecture, Japan, To Enter Into A
Sister-City Relationship With The County Of Kaua`i, State Of
Hawai`i, United States Of America. (See Resolution
No. 2022-41)
COUNCIL MEETING AGENDA 2 OCTOBER 5, 2022
G. COMMUNICATIONS:
1. C 2022-224 Communication (09/09/2022) from the Chief of Police, requesting
Council approval of the indemnification provision contained in
the Magnet Forensics End User License Agreement, which is
used by CSLS Digital specialists to examine and analyze
information contained in computers, drones, disk drives, and
other forms of electronic media, used in"cold-cases"to re-examine
older evidence with updated tools and methods.
2. C 2022-225 Communication (09/13/2022) from the Chief of Police, requesting
Council approval of the indemnification provision in the Gebco
Hawai`i Terms of Use and Sale Agreement (Indemnity/Limitation
of Liability provision) for the Kaua`i Police Department's
Firearms Section, to ensure that designs created for the photo
identification (I.D.) license card are kept secure, limiting the
potential of counterfeiting.
3. C 2022-226 Communication (09/14/2022) from the Director of Parks &
Recreation, requesting Council approval to use $200,000.00 from
the Department of Parks & Recreation's internal sources of funds
for an unbudgeted equipment purchase of a towable stage, to
replace the aging wooden stage used for community events.
4. C 2022-227 Communication (09/14/2022) from the Prosecuting Attorney,
requesting Council approval to receive and expend State funds, in
the amount of$200,000.00, from the State Prevention Framework
— Partnership for Success (SPF-PFS) grant, to continue
employment of one (1) Full-Time Equivalent (FTE) Prevention
Program Specialist for Fiscal Years 2023 and 2024, purchase
office supplies, and allow Life's Choices Kaua`i staff to attend
training. The grant will cover expenses for the period
September 29, 2023 through September 30, 2025.
5. C 2022-228 Communication (09/15/2022) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
for the fourth allotment in the amount of $111.00 for Fiscal
Year 2022 (total amount of funds including the previous approved
awards is $29,471.00), and to indemnify the State Executive
Office on Aging, for the Nutrition Services Incentive
Program (NSIP) provision of congregate and home-delivered
meals.
COUNCIL MEETING AGENDA 3 OCTOBER 5, 2022
6. C 2022-229 Communication (09/16/2022) from the Emergency Management
Administrator, requesting Council approval to receive and
expend State funds, in the amount of $680,000.00, from the
United States Department of Homeland Security, via the State of
Hawai`i Department of Defense, to be used to enhance the
capability of state and local units of government to prevent, deter,
respond to, and recover from threats and incidents of terrorism,
as well as "all hazards" catastrophic preparedness initiatives.
This grant has a three-year performance period with no
cost-share requirement.
7. C 2022-230 Communication (09/16/2022) from the Acting County Engineer,
requesting Council approval to accept a donation from Grove
Farm of approximately 30,000 cubic yards of soil, valued
from $300,000.00 to $625,000.00, to be used at the Kekaha
Landfill for daily cover, intermediate cover, backfill, and road
construction, which will satisfy the landfill soil needs for
approximately six (6) to eight (8) months.
8. C 2022-231 Communication (09/16/2022) from the Prosecuting Attorney,
requesting Council approval to receive and expend State funds in
the amount of $37,217.00, and indemnify the State of Hawai`i,
Department of Attorney General, to be used towards funding of
one (1) 0.85 Full-Time Equivalent (FTE) Victim Witness
Counselor, for the period of November 1, 2022 through
June 30, 2023.
9. C 2022-232 Communication (09/16/2022) from the Prosecuting Attorney,
requesting Council approval to receive and expend State funds, in
the amount of $111,314.00, to be used towards funding one (1)
0.90 Full-Time Equivalent (FTE) Deputy Prosecuting Attorney
and fringe benefits for the Career Criminal Prosecuting Unit, for
the period October 1, 2022 through June 30, 2023, and to
indemnify the State of Hawai`i, Department of the Attorney
General.
10. C 2022-233 Communication (09/21/2022) from the Deputy Director of Parks
& Recreation, requesting Council approval to apply for, receive,
and expend the National Park Service's Land and Water
Conservation Fund (LWCF) grant, to expand public outdoor
recreation opportunities for the following projects:
• Kapa'a Swimming Pool Improvements — $576,437.50
• Hanapepe Stadium Improvements — $1,000,000.00
• Puhi Park Playcourt Resurfacing— $375,000.00
• Bryan J. Baptiste Sports Complex Playcourt Resurfacing—
$375,000.00
• Wailua Homesteads Park Playcourt Resurfacing —
$300,000.00
• Wailua Houselots Park Playcourt Resurfacing —
$325,000.00
COUNCIL MEETING AGENDA 4 OCTOBER 5, 2022
11.C 2022-234 Communication (09/22/2022) from the Director of Finance,
requesting Council approval to accept standard terms and
conditions of the Sturgis contract, which will be used for
collections and as a back-end reconciliation system to track
payments and outstanding receivables for the Kaua`i Transient
Accommodations Tax (KTAT).
12.C 2022-235 Communication (09/28/2022) from the Managing Director,
requesting Council approval to apply for, receive, and expend the
second allocation of assistance for State, Local, and Tribal
Governments — Coronavirus State and Local Fiscal Recovery
Funds from the United States Department of Treasury, in the
amount of approximately $10,804,436.00, appropriated by the
U.S. Congress as part of the American Rescue Plan Act (ARPA)
of 2021, to be used for budget priorities discussed during this
agenda item.
H. COMMITTEE REPORTS:
1. PARKS & RECREATION / TRANSPORTATION COMMITTEE
a. CR-PRT 2022-06: on PRT 2022-02 Communication (09/12/2022) from
Councilmember Cowden, requesting the
presence of the Director of Parks &
Recreation, to provide a briefing on the
public process and public notification on
the choice to remove the windward walls
from a Hanalei pavilion. [Received for
the Record.]
2. PLANNING COMMITTEE
a. CR-PL 2022-10: on 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)
[Approved.]
b. CR-PL 2022-11: on 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) [Approved as Amended.]
COUNCIL MEETING AGENDA 5 OCTOBER 5, 2022
I. RESOLUTIONS:
1. Resolution No. 2022-39 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF REVIEW (Julie Black Caspillo)
2. Resolution No. 2022-40 — RESOLUTION RECOGNIZING THE
SIGNIFICANT ROLE THAT GAME ANIMALS AND WILD CATTLE PLAY AS A
FOOD SOURCE FOR THE COMMUNITY
3. Resolution No. 2022-41 — RESOLUTION INVITING THE CITY OF
MIMASAKA, OKAYAMA PREFECTURE, JAPAN, TO ENTER INTO A
SISTER-CITY RELATIONSHIP WITH THE COUNTY OF KAUAI, STATE OF
HAWAII, UNITED STATES OF AMERICA
J. BILLS FOR SECOND READING:
1. 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) (See also CR-PL 2022-10; the Planning Committee recommended
approval on second and final reading.)
2. Bill No. 2879, Draft 1 — 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) (See also CR-PL 2022-11; the Planning
Committee recommended approval of Bill No. 2879, Draft 1 on second and final
reading.)
K. EXECUTIVE SESSION: Pursuant to Hawaii Revised Statutes (HRS)092-7(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.)
L. ADJOURNMENT.
M. 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.
COUNCIL MEETING AGENDA 6 OCTOBER 5, 2022
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. 2860 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987,AS AMENDED,RELATING TO GUEST HOUSE(Kaua`i County
Council,Applicant)
2. Bill No. 2877 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8
(COMPREHENSIVE ZONING ORDINANCE), CHAPTER 12(BUILDING CODE),AND
CHAPTER 13 (ELECTRICAL CODE), KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
REQUIREMENTS FOR PARKING
3. Bill No. 2887 — 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(Real Property Tax Tiered Software-$150,000)
N. 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: VVWW.KAUAI.GOV/WEBCASTMEETINGS.
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Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,October 5,2022 Wednesday,October 5,2022
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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October 5,2022 Council Meeting Agenda " tV
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Copyright 2022-County of Kauai I Privacy Statement I Terms Of Use I Disclaimers I Language Translation
COUNTY COUNCIL I j OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair ' ��� OF
Mason K.Chock,Vice Chair p "-9 Jade K.Fountain-Tanigawa,County Clerk
�` Scott K. Sato,Deputy CountyClerk
NieBernard P.Carvalho,Jr. p y
Felicia Cowden "22 A 7
Bill DeCosta SEP 29 AtLuke A.Evslin fq�." %gF44 Telephone: (808)241-4188
KipuKai Kuali`i V of Facsimile: (808)241-6349
';. E-mail: cokcouncil@kauai.gov
' '' ' ' ``1aa cil Services Division
C. 01` ' • 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 Hawaii 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/KauaiCountyCounci1100522.
o Video: Meeting ID: 858 4971 5650; Passcode: W2ckcD
o Dial-In: +1 253 215 8782; Meeting ID: 858 4971 5650; Passcode: 746673
• 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