HomeMy WebLinkAbout11/02/2022 Notice and Agenda, Council Meeting .LY C..i_ . v E i 1
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, NOVEMBER 2, 2022 ,22 OCT 27 Atl3
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201 J iTY OF KAUA 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. October 5, 2022 Council Meeting
2. October 19, 2022 Public Hearing re: Bill No. 2888
E. INTERVIEWS:
1. POLICE COMMISSION:
• Laurie Yoshida—Term ending 12/31/2025
2. PUBLIC ACCESS, OPEN SPACE NATURAL RESOURCES
PRESERVATION FUND COMMISSION:
• William Kinney (Anahola / Ha ena)—Term ending 12/31/2023
F. CONSENT CALENDAR
1. C 2022-247 Communication (08/30/2022) from the Mayor, transmitting for
Council consideration and confirmation, the appointment of
Glenda Nogami Streufert to the Planning Commission (At-Large)—
Term ending 12/31/2024. (See Resolution No. 2022-49)
2. C 2022-248 Communication (09/16/2022) from the Mayor, transmitting for
Council consideration and confirmation, the appointment of
Paul Endo to the Liquor Control Commission — Term
ending 12/31/2024. (See Resolution No. 2022-50)
COUNCIL MEETING AGENDA 2 NOVEMBER 2, 2022
3. C 2022-249 Communication (10/11/2022) from the Director of Finance,
transmitting for Council information, the First Quarter Statement
of Equipment Purchases for Fiscal Year 2022-2023, pursuant
to Section 22 of Ordinance No. B-2022-866, as amended, relating
to the Operating Budget of the County of Kaua`i for Fiscal
Year 2022-2023.
4. C 2022-250 Communication (10/20/2022) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Establishing
No-Parking Zones Along Po`ipu Road And Repealing Resolution
No. 2011-34, Resolution No. 2011-57, Resolution No. 2013-62, And
Resolution No. 2020-38 In Their Entirety, Koloa District, County
Of Kaua`i. (See Resolution No. 2022-51)
5. C 2022-251 Communication (10/20/2022) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Establishing
A Roundabout At The Intersection Of Kawaihau Road, Hau`a`ala
Road, And Mailihuna Road; Establishing Crosswalks On
Kawaihau Road, Hau`a`ala Road, Mailihuna Road, Kolohala Road,
And Pelehu Road; Establishing A Left Turn Only Lane On
Kawaihau Road, Restricting Left Turn Movements To Kawaihau
Road, Establishing Bus Stops On Kawaihau Road, Amending
Resolution Nos. 64 (1952), 68 (1952), 138 (1954), And 65 (1952);
And Repealing Resolution Nos. 2001-048 And 2011-060
In Their Entiriety, Kawaihau District, County Of Kaua`i.
(See Resolution No. 2022-52)
6. C 2022-252 Communication (10/20/2022) from the Acting County Engineer,
transmitting for Council consideration a Resolution Establishing
Roundabouts At The Intersections Of Po`ipu Road And Koloa Road;
Po`ipu Road, Lawa`i Road, And Ala Kalanikaumaka; Po`ipu Road
And Kiahuna Plantation Drive; And Po`ipu Road, Ala Kinoiki, And
Pee Road; Establishing Crosswalks On Po`ipu Road, Koloa Road,
Waikomo Road, Pa'anau Road, Ala Kalanikaumaka, Lawa`i Road,
Kukona A La`a Street, Kapili Road, Kiahuna Plantation Drive,
Hoaka Street,Ho`owili Road, Kiipuka Street,Ala Kinoiki, Pee Road,
Loke Road, And Keleka Road; Establishing A Two-Way Left-Turn
Lane And Left-Turn-Only Lanes On Po`ipu Road; Establishing
Right-Turn-Only And Left-Turn-Only Lanes On Kapili Road And
Ho`owili Road; Prohibiting Left Turn Movements From A Private
Driveway To Po`ipu Road; Establishing Bike Lanes On Po`ipu Road;
Establishing Bus Stops On Po`ipu Road; Establishing A Stop Sign
On Hoaka Street, Amending Resolution 64 (1952); And Repealing
Resolution Nos. 49 (1957), 67-93, And 2010-41 In Their Entirety
Koloa District, County Of Kaua`i, (See Resolution No. 2022-53)
COUNCIL MEETING AGENDA 3 NOVEMBER 2, 2022
G. COMMUNICATIONS:
1. C 2022-253 Communication (09/28/2022) from the Chief of Police and
Bryson Ponce, Assistant Chief of Police, Investigative Services
Bureau, requesting Council approval to receive and expend
recurring Federal funds, in the amount of $38,442.00, from the
Edward J. Byrne Memorial Justice Assistance Grant (JAG)
Project No. 20-DJ-03, and to indemnify the State of Hawai`i,
Department of the Attorney General. Funding will be used for
drug-related investigations.
2. C 2022-254 Communication(10/13/2022)from the County Attorney, requesting
authorization to expend funds up to $50,000.00 to retain Special
Counsel to represent the County of Kaua`i in general civil litigation
matters or to provide specialized legal guidance. The
representation will include cases in Federal Court, the State
Courts, administrative contested cases, agency hearings, and
arbitrations.
3. C 2022-255 Communication (10/17/2022) from Keola Siu, First Deputy
Prosecuting Attorney, requesting Council approval to receive and
expend funds, in the amount of$5,000.00, from the Hawai`i State
Rural Health Association (HSRHA), Hawai`i Opioid & Prevention
Program. These funds will be awarded to the County of Kaua`i's
Life's Choices Program, and will be used to implement a pilot
program addressing jail re-entry to reduce recidivism, through
June 1, 2023.
4. C 2022-256 Communication (10/18/2022) from the Fire Chief, requesting
Council approval to apply for, receive, and expend Community
Wildlife Defense Grant funds in the amount of$85,800.00, from the
Hawaii Wildlife Management Organization and the Division of
Forestry, for the planning and update of a new Community Wildlife
Protection Plan for the island of Kaua`i.
5. C 2022-257 Communication (10/20/2022) from the Housing Director,
requesting Council approval to receive and expend Transit
Oriented Development (TOD) Capital Improvement Project (CIP)
Planning funds, in the amount of$800,000.00, from the State Office
of Planning and Sustainable Development. These funds will be
used to conduct a series of community engagement and planning
meetings, and to complete the required predevelopment studies
such as environmental assessments, cultural and historical impact
surveys, and preliminary engineering studies for the Waimea 400
Affordable Housing Master Plan ($425,000.00) and the Kilauea
Affordable Housing Master Plan ($375,000.00).
COUNCIL MEETING AGENDA 4 NOVEMBER 2, 2022
6. C 2022-258 Communication (10/20/2022)from the Deputy Director of Planning,
transmitting the Public Access, Open Space, Natural Resources
Preservation Fund Commission's recommendation, A Bill For An
Ordinance Amending Ordinance No. B-2022-886, As Amended,
Relating To The Operating Budget Of The County Of Kaua`i,
State Of Hawai`i, For The Fiscal Year JULY 1, 2022 Through
June 30, 2023, By Revising The Amounts Estimated In The Public
Access, Open Space, Natural Resources Preservation Fund.
(Copies of the Director's Report, Supplemental Report 1 and 2 dated
October 3, 2022; Draft Public Access, Open Space, Natural
Resources Preservation Fund Commission Meeting Minutes dated
October 13, 2022; and Draft Bill, on file in the Office of the County
Clerk.) (See Proposed Draft Bill (No. 2890))
H. CLAIMS:
1. C 2022-259 Communication (10/18/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Presley
Wann, for vehicle damage, pursuant to Section 23.06, Charter of
the County of Kaua`i.
2. C 2022-260 Communication (10/21/2022) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Calvin B. Soares, for
damage to his personal property, pursuant to Section 23.06,
Charter of the County of Kaua`i.
I. COMMITTEE REPORTS:
1. PUBLIC WORKS &VETERANS SERVICES COMMITTEE
a. CR-PWVS 2022-06: on Bill No. 2873, Draft 3 A BILL FOR AN
ORDINANCE ADDING A NEW
ARTICLE TO CHAPTER 15,
KAUAI COUNTY CODE 1987,
AS AMENDED, RELATING
TO BUILDING AND
CONSTRUCTION
REGULATIONS [Approved.]
2. PLANNING COMMITTEE
a. CR-PL 2022-17: on Bill No. 2860 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUA`I
COUNTY CODE 1987, AS AMENDED,
RELATING TO GUEST HOUSE (Kauai,
County Council, Applicant) [Approved.]
COUNCIL MEETING AGENDA 5 NOVEMBER 2, 2022
b. CR-PL 2022-18: on 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 [Approved.]
3. COMMITTEE OF THE WHOLE
a. CR-COW 2022-19: on 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)) [Approved.]
J. RESOLUTIONS:
1. Resolution No. 2022-49 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Glenda Nogami Streufert —
At-Large)
2. Resolution No. 2022-50 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Paul Endo)
3. Resolution No. 2022-51 — RESOLUTION ESTABLISHING
NO-PARKING ZONES ALONG POIPU ROAD AND REPEALING RESOLUTION
NO. 2011-34, RESOLUTION NO. 2011-57, RESOLUTION NO. 2013-62, AND
RESOLUTION NO. 2020-38 IN THEIR ENTIRETY KOLOA DISTRICT, COUNTY OF
KAUAI
COUNCIL MEETING AGENDA 6 NOVEMBER 2, 2022
4. Resolution No. 2022-52 — RESOLUTION ESTABLISHING A
ROUNDABOUT AT THE INTERSECTION OF KAWAIHAU ROAD,
HAU`A`ALA ROAD, AND MAILIHUNA ROAD; ESTABLISHING CROSSWALKS ON
KAWAIHAU ROAD, HAU`A`ALA ROAD, MAILIHUNA ROAD, KOLOHALA ROAD,
AND PELEHU ROAD; ESTABLISHING A LEFT TURN ONLY LANE
ON KAWAIHAU ROAD, RESTRICTING LEFT TURN MOVEMENTS TO
KAWAIHAU ROAD, ESTABLISHING BUS STOPS ON KAWAIHAU ROAD,
AMENDING RESOLUTION NOS. 64 (1952), 68 (1952), 138 (1954), AND 65 (1952);
AND REPEALING RESOLUTION NOS. 2001-048 AND 2011-060 IN THEIR
ENTIRETY, KAWAIHAU DISTRICT, COUNTY OF KAUAI
5. Resolution No. 2022-53 — RESOLUTION ESTABLISHING
ROUNDABOUTS AT THE INTERSECTIONS OF POIPU ROAD AND KOLOA
ROAD; POIPU ROAD, LAWAI ROAD, AND ALA KALANIKAUMAKA; POIPU
ROAD AND KIAHUNA PLANTATION DRIVE; AND POIPU ROAD, ALA KINOIKI,
AND PEE ROAD; ESTABLISHING CROSSWALKS ON POIPU ROAD, KOLOA
ROAD, WAIKOMO ROAD, PA'ANAU ROAD, ALA KALANIKAUMAKA, LAWAI
ROAD, KUKONA A LA`A STREET, KAPILI ROAD, KIAHUNA PLANTATION
DRIVE, HOAKA STREET, HO`OWILI ROAD, KIPUKA STREET, ALA KINOIKI,
PEE ROAD, LOKE ROAD, AND KELEKA ROAD; ESTABLISHING A TWO-WAY
LEFT-TURN LANE AND LEFT-TURN-ONLY LANES ON POIPU ROAD;
ESTABLISHING RIGHT-TURN-ONLY AND LEFT-TURN-ONLY LANES ON
KAPILI ROAD AND HO`OWILI ROAD; PROHIBITING LEFT TURN MOVEMENTS
FROM A PRIVATE DRIVEWAY TO POIPU ROAD; ESTABLISHING BIKE LANES
ON POIPU ROAD; ESTABLISHING BUS STOPS ON POIPU ROAD;
ESTABLISHING A STOP SIGN ON HOAKA STREET, AMENDING RESOLUTION
64 (1952); AND REPEALING RESOLUTION NOS. 49 (1957), 67-93, AND 2010-41
IN THEIR ENTIRETY KOLOA DISTRICT, COUNTY OF KAUAI
K. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2890) — 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 PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES PRESERVATION FUND (OSC Waip& Foundation Acquisition of
Halulu Fishpound)
L. BILLS FOR SECOND READING:
1. Bill No. 2860 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO GUEST
HOUSE (See also CR-PL 2022-17; the Planning Committee recommended approval on
second and final reading.)
COUNCIL MEETING AGENDA 7 NOVEMBER 2, 2022
2. Bill No. 2873, Draft 3—A BILL FOR AN ORDINANCE ADDING A NEW
ARTICLE TO CHAPTER 15, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO BUILDING AND CONSTRUCTION REGULATIONS) (See also
CR-PWVS 2022-06; the Public Works & Veterans Services Committee recommended
approval on second and final reading.)
3. 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 (See also CR-PL 2022-18;
the Planning Committee recommended approval on second and final reading.)
4. 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) (See also CR-COW 2022-19; the Committee of the Whole
recommended approval on second and final reading.)
M. 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-1083 Pursuant to Hawai`i 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 to provide the Council with a
briefing on the retention of Special Counsel to represent the
County of Kaua`i in general civil litigation matters or to provide
specialized legal guidance. The representation will include cases
in Federal Court, the State Courts, administrative contested
cases, agency hearings, and arbitrations. 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.
COUNCIL MEETING AGENDA 8 NOVEMBER 2, 2022
N. ADJOURNMENT.
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ACCOMMODATION DUE TO A DISABILITY, OR AN
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UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE
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PLEASE VISIT: WWW.KAUAI.GOV/WEBCASTMEETINGS.
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Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,November 2,2022 Wednesday,November 2,2022
Hawaiian Standard Time
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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
.... „ .`.,. l l
Arryl Kaneshiro,Chair L. OF
��
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Mason K.Chock,Vice Chair ,p Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. ��`
Felicia Cowden '%. o,C� +/`;1,
Bill DeCosta '22 OCT 27 Al T
Luke A.Evslin �� Q��► Telephone: (808)241-4188
KipuKai Kuali`i OF Facsimile: (808)241-6349
i=' _.; ;; E-mail: cokcouncil@kauai.gov
}M :,u N r "±S cil Services Division
COUN I Y OF r;AVA Rice Street,Suite 209
Lihu`e,Kauai,Hawai`i 96766
Effective January 1, 2022, Act 220, Session Laws of Hawaii (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:
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Office of the County Clerk, Council Services Division at 4396 Rice Street, Suite 209,
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