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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 ;., {�. � ',�UVia K'Ati-A � i E P'1�46.iA*' 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. 0 , --"- ,, 0 u ntv al KARI-Ka 46 • COUNCIL CALENDAR (NOT PUBLIC) * Government/County Council/Council Calendar(Not Public) Event Detail m I 0 I Jessica Young Logout g<,pbintaent When&Where Kauai County Council, Council/Committee Meeting Date/Time Wednesday,October 19,2022 Wednesday,October 19,2022 Hawaiian Standard Time • +Office of the Mayor 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 Kaua'i County Council,please visit 4396 Rice St,Lihue,HI 96766,USA .wwistibgtiRbowisouncil.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 ;,'ne3R k, . .,. > ,M : + + Export to my calendar • a' ' _/ 4.,i i ,Iii , , - 1 r _ . , f4 .„....e..; 4' * .:-Mc:- ' „, . •.'..,,,,i ' d i �e ¢ I • �� • %�a ` it 4 �•+ •i• w I I, \ • ..: - _ ,-_, ii This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7. ■ +Boards and Commissions ' • 30 _, Orr Click on the link below for a PDF file of the posted agenda: .,4'1C7 _ October 19,2022 Council Meeting Agenda ..,. y..1. October 19,2022 Committee Meeting Agenda *: la)■ Arborist Committee :+f, "1 _- 1 ., Reviews ri IVVl Add a comment... • Board of Ethics Posting as Jessica Young Logout Comment •NgThcc,Q n,ity the first one to comment this event! • 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