HomeMy WebLinkAbout10/19/2022 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, OCTOBER 19, 202 MT 1 3 A9 �5
8:30 A.M. OR SOON THEREAFTER"
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201 ;., {�. �
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LIHU`E, KAUAI, HAWAII 96766
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meeting of the Council:
1. October 5, 2022 Public Hearings re: Bill No. 2860, Bill No. 2877, and
Bill No. 2887
E. INTERVIEWS:
1. PLANNING COMMISSION:
• Glenda Nogami Streufert (At-Large) —Term ending 12/31/2024
2. LIQUOR CONTROL COMMISSION:
• Paul Endo —Term ending 12/31/2024
F. CONSENT CALENDAR:
1. C 2022-236 Communication (08/30/2022) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee Mary
Kay Hertog to the Police Commission — Term ending 12/31/2023.
(See Resolution No. 2022-42)
2. C 2022-237 Communication (10/04/2022) from Mark L. Bradbury, Deputy
County Attorney, transmitting for Council information, the
Quarterly Report on Settled Claims filed against the County of
Kaua`i from July 1, 2022 through September 30, 2022.
3. C 2022-238 Communication (10/04/2022) from the Director of Parks &
Recreation, transmitting for Council consideration, a Resolution
Naming The Gym At Kilauea Neighborhood Center"Bill Troutman
Gym" In Honor Of The Late William "Bill" Troutman.
(See Resolution No. 2022-43)
COUNCIL MEETING AGENDA 2 OCTOBER 19, 2022
4. C 2022-239 Communication (10/05/2022) from the Acting County Engineer,
transmitting for Council consideration, a Resolution
Authorizing The Mayor Or The Director Of Finance Of
The County Of Kaua`i To Enter Into An Intergovernmental
Agreement With The State Of Hawai`i, Department Of
Health For A Loan From The State Water Pollution
Control Revolving Fund For The `Ele`ele Subdivision
Collection System Rehabilitation, Project No. C150050-12.
(See Resolution No. 2022-44)
5. C 2022-240 Communication (10/05/2022) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Amending
Resolution No. 2018-33, Authorizing The Mayor And The Director
Of Finance Of The County Of Kaua`i To Enter Into An
Intergovernmental Agreement With The State Of Hawai`i,
Department Of Health For A Loan From The State Water Pollution
Control Revolving Fund For The Wailua Sewage Pump
Station (SPS) No. 1 Rehabilitation, Project No. C150055-11.
(See Resolution No. 2022-45)
6. C 2022-241 Communication (10/05/2022) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Amending
Resolution No. 2021-21, Authorizing The Mayor And The Director
Of Finance Of The County Of Kaua`i To Enter Into An
Intergovernmental Agreement With The State Of Hawai`i,
Department Of Health For A Loan From The State Water Pollution
Control Revolving Fund For The Waimea R-1 Wastewater
Distribution System Upgrades, Project No. C150047-09.
(See Resolution No. 2022-46)
7. C 2022-242 Communication (10/05/2022) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Establishing
No Parking Of Certain Vehicles Along Puhi Road, Lihu`e,
restricting parking of vehicles with six (6) wheels or more along a
portion of Puhi Road. (See Resolution No. 2022-47)
8. C 2022-243 Communication (10/05/2022) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Authorizing
The Mayor And The Director Of Finance Of The County Of Kaua`i
To Enter Into An Intergovernmental Agreement With The State Of
Hawai`i, Department Of Health For A Loan From The State Water
Pollution Control Revolving Fund For The Design And
Construction Of Best Management Practice (BMP)
Improvements At Various Kaua`i Refuse Transfer Stations (Project
No. C150059-25) (See Resolution No. 2022-48)
COUNCIL MEETING AGENDA 3 OCTOBER 19, 2022
G. COMMUNICATIONS:
1. 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. (Deferred October 5, 2022)
2. C 2022-244 Communication (09/23/2022) from the Chief of Police and Elliott K.
Ke, Assistant Chief of Police, requesting Council approval, to
receive and expend Federal funds, in the amount of $444,758.99,
from the recurring National Highway Traffic Safety
Administration (NHTSA) grant to be used towards the following
four (4)primary traffic related functions: Traffic Records, Impaired
Driving and Youth Deterrence, Police Traffic Services, and
Occupant Protection, to include purchase of equipment, supplies,
training, and travel expenses.
3. C 2022-245 Communication (10/06/2022) from the Acting County Engineer,
requesting Council approval to purchase unbudgeted equipment
due to urgency to replace equipment as a result of unanticipated
mechanical failure with a total of$389,690.48 for the following:
• Wailua Screw pump — $175,000.00
• Lihu`e Clarifier Replacement parts—$85,222.48
• Lihu`e Diskfilter programmable logic controller—$55,000.00
• `Ele`ele Froth Sprays— $74,468.00
4. C 2022-246 Communication (10/12/2022) from Councilmember Evslin and
Councilmember DeCosta,transmitting for Council consideration,A
Bill For An Ordinance Amending Chapter 5A, Section 5A-6.3(g),
Kaua`i County Code 1987, As Amended, Relating To Real
Property Tax (Niihau Minimum Tax) (See Proposed Draft
Bill (No. 2889))
H. COMMITTEE REPORTS:
1. PLANNING COMMITTEE
a. CR-PL 2022-12: on 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) [Approved.]
COUNCIL MEETING AGENDA 4 OCTOBER 19, 2022
b. CR-PL 2022-13: on Bill No. 2881 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO ZONING DESIGNATION
IN KAPA`A HOMESTEADS, KAUAI
(Manuel DeSilva, Jr., Trustee, Applicant)
(ZA-2022-13) [Approved.]
c. CR-PL 2022-14: on Bill No. 2882 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO CAMPGROUNDS (Kaua`i
County Council, Applicant)
(ZA-2022-10 - Planning Commission
Recommendation) [Approved.]
d. CR-PL 2022-15: on 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) [Approved as Amended.]
e. CR-PL 2022-16: on 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) [Approved as
Amended.]
2. COMMITTEE OF THE WHOLE
a. CR-COW 2022-17: on 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
[Approved.]
b. CR-COW 2022-18: on 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
[Approved.]
COUNCIL MEETING AGENDA 5 OCTOBER 19, 2022
I. RESOLUTIONS:
1. Resolution No. 2022-42 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Mary Kay Hertog)
2. Resolution No. 2022-43 — RESOLUTION NAMING THE GYM AT
KILAUEA NEIGHBORHOOD CENTER "BILL TROUTMAN GYM" IN HONOR OF
THE LATE WILLIAM "BILL" TROUTMAN
3. Resolution No. 2022-44—RESOLUTION AUTHORIZING THE MAYOR
OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
HAWAII, DEPARTMENT OF HEALTH FOR A LOAN FROM THE STATE WATER
POLLUTION CONTROL REVOLVING FUND FOR THE `ELE`ELE SUBDIVISION
COLLECTION SYSTEM REHABILITATION, PROJECT NO. C150050-12
4. Resolution No. 2022-45 — RESOLUTION AMENDING RESOLUTION
NO. 2018-33, AUTHORIZING THE MAYOR AND THE DIRECTOR OF FINANCE
OF THE COUNTY OF KAUAI TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH FOR
A LOAN FROM THE STATE WATER POLLUTION CONTROL REVOLVING FUND
FOR THE WAILUA SEWAGE PUMP STATION (SPS) NO. 1 REHABILITATION,
PROJECT NO. C150055-11
5. Resolution No. 2022-46 — RESOLUTION AMENDING RESOLUTION
NO. 2021-21, AUTHORIZING THE MAYOR AND THE DIRECTOR OF FINANCE
OF THE COUNTY OF KAUAI TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH FOR
A LOAN FROM THE STATE WATER POLLUTION CONTROL REVOLVING FUND
FOR THE WAIMEA R-1 WASTEWATER DISTRIBUTION SYSTEM UPGRADES,
PROJECT NO. C150047-09
6. Resolution No. 2022-47—RESOLUTION ESTABLISHING NO PARKING
OF CERTAIN VEHICLES ALONG PUHI ROAD, LIHU`E
7. Resolution No. 2022-48—RESOLUTION AUTHORIZING THE MAYOR
AND THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
HAWAII , DEPARTMENT OF HEALTH FOR A LOAN FROM THE STATE WATER
POLLUTION CONTROL REVOLVING FUND FOR THE DESIGN AND
CONSTRUCTION OF BEST MANAGEMENT PRACTICE IMPROVEMENTS AT
VARIOUS KAUAI REFUSE TRANSFER STATIONS, PROJECT NO. C150059-25
COUNCIL MEETING AGENDA 6 OCTOBER 19, 2022
J. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2889) - A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, SECTION 5A-6.3(g), KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO REAL PROPERTY TAX (Niihau Minimum Tax)
K. BILLS FOR SECOND READING:
1. Bill No. 2880-A BILL FOR AN ORDINANCE AMENDING THE STATE
LAND USE DISTRICT BOUNDARY CONCERNING A PARCEL IN KAPAA
HOMESTEADS, KAUAI (Manuel DeSilva, Jr., Trustee,Applicant)(A-2022-1) (See also
CR-PL 2022-12; the Planning Committee recommended approval on second and final
reading.)
2. Bill No. 2881 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
ZONING DESIGNATION IN KAPA'A HOMESTEADS, KAUAI (Manuel DeSilva, Jr.,
Trustee, Applicant) (ZA-2022-13) (See also CR-PL 2022-13; the Planning Committee
recommended approval on second and final reading.)
3. 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 - Planning
Commission Recommendation) (See also CR-PL 2022-14; the Planning Committee
recommended approval on second and final reading.)
4. 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 (See also CR-COW 2022-17; the
Planning Committee recommended approval on second and final reading.)
5. 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 (See also CR-COW 2022-18; the
Planning Committee recommended approval on second and final reading.)
6. Bill No. 2885, Draft 1 - 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)(See also
CR-PL 2022-15; the Planning Committee recommended approval of Bill No. 2885,
Draft 1 on second and final reading on October 5, 2022.)
COUNCIL MEETING AGENDA 7 OCTOBER 19, 2022
7. Bill No. 2886, Draft 1 — 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) (See also CR-PL 2022-16; the Planning
Committee recommended approval of Bill No. 2886, Draft 1 on second and final reading
on October 5, 2022.)
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-1082 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 involves 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.
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).
COUNCIL MEETING AGENDA 8 OCTOBER 19, 2022
[*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.gou/Council/PublicHearings
1. Bill No. 2888 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 6,
ARTICLE 9, SECTION 6-9.4, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE HOUSING DEVELOPMENT FUND
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.
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Kauai County Council, Council/Committee Meeting Date/Time
Wednesday,October 19,2022 Wednesday,October 19,2022
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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and for any other information related to the Kaua'i County Council,please visit 4396 Rice St,Lihue,HI 96766,USA
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Copyright 2022-County of Kauai I Privacy Statement I Terms Of Use I Disclaimers I Language Translation
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair of .1-
Mason K.Chock,Vice Chair G Jade K. Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr.
Felicia Cowden si
Bill DeCosta W� l:J4
Luke A.Evslin 922 OCT 13 A 9 Qj NFOAR � Telephone: (808)241-4188
KipuKai Kuali`i of Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
Council Services Division
4
1' 96 Rice Street, Suite 209
vOU�{ Y r1. �4"''L u`e,Kauai,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, 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/KauaiCountyCounci1101922.
o Video: Meeting ID: 892 2398 9366; Passcode: xUnjDO
o Dial-In: +1 253 215 8782; Meeting ID: 892 2398 9366; Passcode: 635304
• 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