HomeMy WebLinkAbout11/16/2022 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, NOVEMBER 16, 2022
8:30 A.M. OR SOON THEREAFTER, WV 10 P2 38
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
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4396 RICE STREET, SUITE 201 I;J j=` L r 41
LIHU`E, KAUAI, HAWAI`I 96766 MUNIY OF KAUAI
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meeting of the Council:
1. October 19, 2022 Council Meeting
E. INTERVIEW:
1. KAUAI HISTORIC PRESERVATION REVIEW COMMISSION:
• Lee S. Gately (At-Large) —Term ending 12/31/2023
F. CONSENT CALENDAR:
1. C 2022-261 Communication (10/11/2022) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee Laurie
Yoshida to the Police Commission — Term ending 12/31/2025.
(See Resolution No. 2022-54)
2. C 2022-262 Communication (10/20/2022) from Councilmember Evslin,
transmitting for Council consideration and confirmation,
the appointment of William Kinney (Anahola — Ha ena) to
the Public Access, Open Space, Natural Resources Preservation
Fund Commission — Term ending 12/31/2023. (See Resolution
No. 2022-55)
3. C 2022-263 Communication (11/02/2022) from the Director of Finance,
transmitting for Council information, the Fourth Quarter
Statement of Equipment Purchases for Fiscal Year 2021-2022,
pursuant to Section 22 of Ordinance No. B-2021-877, as amended,
relating to the Operating Budget of the County of Kaua`i for Fiscal
Year 2021-2022.
COUNCIL MEETING AGENDA 2 NOVEMBER 16, 2022
4. C 2022-264 Communication (11/03/2022) from Council Vice Chair Chock,
providing written disclosure of a possible conflict of interest and
recusal relating to 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 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 (OSC Waipa
Foundation Acquisition of Halulu Fishpond), as his company
Kupu a`e Leadership Development, sometimes uses Waipa
Foundation property as a site for leadership initiatives.
G. COMMUNICATIONS:
1. C 2022-265 Communication (10/26/2022) from the Acting County Engineer,
requesting Council approval to purchase unbudgeted equipment of
a Trimble GPS tracking equipment specific for the CAT 836k
Compactor at the Kekaha Landfill, at an estimated cost of
$36,500.00. This equipment is vital for proper tracking of landfill
compaction and increasing airspace gain by visualizing current site
conditions allowing landfill staff to best direct operations to be more
effective.
2. C 2022-266 Communication (10/28/2022) from the Housing Director,
requesting Council approval to receive and expend an amended
total amount of up to $16,700,000.00 from the State via the
federal American Rescue Plan Act (ERA2) (originally submitted as
Communication (03/16/2022) C 2022-74 requesting $2,260,000.00
and amended up to $16,000,000.00 during the April 6, 2022
Council Meeting).
3. C 2022-267 Communication (10/28/2022) from Mason K. Chock, Hawai`i State
Association of Counties (HSAC) President, transmitting for the
Kaua`i County Council's consideration, the following proposals to
be included in the 2023 HSAC Legislative Package, which were
approved by the HSAC Executive Committee on October 25, 2022:
• A Bill For An Act Relating To The Employees'
Retirement System (County of Maui)
• A Bill For An Act Relating To Special Management
Areas (County of Maui)
• A Resolution Requesting The Department Of Health To
Adopt Rules For A Permit To Discharge Pollutants That
Consider The Major Factors That Are Considered In
Identifying The Functional Equivalent Of A Direct
Discharge For Point Sources Or Non-Point Sources
(County of Hawai`i)
• A Bill For An Act Relating To The Regulation Of
Tobacco Products (County of Hawai`i)
• A Bill For An Act Relating To Traffic Fines (County of
Hawaii) (See Resolution No. 2022-56)
COUNCIL MEETING AGENDA 3 NOVEMBER 16, 2022
4. C 2022-268 Communication (11/03/2022) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
in the amount of $7,546.00 for the Fiscal Year 2023, and to
indemnify the State Executive Office on Aging, for the Nutrition
Services Incentive Program (NSIP) provision of congregate and
home-delivered meals.
5. C 2022-269 Communication (11/03/2022) from the Executive on Aging,
requesting Council approval to apply for, receive, and expend
Year 3 grant funding awarded by the Corporation for National
and Community Service to the County of Kaua`i, Agency on
Elderly Affairs, Kaua`i Retired and Senior Volunteer
Program (RSVP) for the three-year period of April 1, 2021 to
March 31, 2024, in the amount of $75,000.00 per year, combined
with matching County funds in the amount of $153,679.00, to
assist Kaua`i RSVP in carrying out the national service program
as authorized by the Domestic Volunteer Service Act of 1973, as
amended (42 U.S.C., Chapter 22).
6. C 2022-270 Communication (11/04/2022) from the Director of Finance,
requesting Council approval of the terms contained in the DOXO,
and
the indemnification
Service, including
Inc. Provider Terms of
tax obligation clauses, which is used to process payments to the
County of Kauai for real property taxes as well as sewer payments,
to change the payment method to the County of Kaua`i from check
to automatic clearing house (ACH).
7. C 2022-271 Communication (11/09/2022) from Councilmember Evslin and
Councilmember Chock, transmitting for Council consideration,
A Bill For An Ordinance Amending Chapter 5A, Kaua`i County
Code 1987, As Amended, Relating To Real Property Tax.
(See Proposed Draft Bill (No. 2891))
8. C 2022-272 Communication (11/09/2022) from Councilmember Evslin and
Councilmember Chock, transmitting for Council consideration,
A Bill For An Ordinance Amending Chapter 5A, Section 12.7(B)
And Adding A New Section 12.15, Kaua`i County Code 1987, As
Amended, Relating To Real Property Taxes, Appeals Settled By
Director. (See Proposed Draft Bill (No. 2892))
COUNCIL MEETING AGENDA 4 NOVEMBER 16, 2022
H. LEGAL DOCUMENTS:
1. C 2022-273 Communication (11/02/2022) from the Acting County Engineer,
recommending Council approval of the following Right-of-Entry
Agreement to build, construct, reconstruct, rebuild, repair,
maintain, and operate a bike and pedestrian shared-use path
across Airport-owned land for access (sidewalks and pathways)
purposes for the Nawilili Park-Ahukini Landing Bike/Pedestrian
path segment of Ke Ala Hele Makalae:
• Right-of-Entry Agreement by and between
the County of Kaua`i and Hawai`i Department of
Transportation (HDOT) Airport, Parcels Tax
Map Key Nos. (4) 3-5-001:005 (por.), (4) 3-5-001:008 (por.),
(4) 3-5-001:009 (por.), (4) 3-5-001:109 (por.),
(4) 3-5-001:128 (por.), (4) 3-5-001:158 (por.),
(4) 3-5-001:160 (por.), (4) 3-5-001:092 (por.), and
(4) 3-7-002:999 (por.).
_ Director of Parks &
2022 274 Communication (11/09/2022) from the
2. C
Recreation, recommending Council approval of an
Adopt-A-Park Agreement for stewardship of Kane-I-Olu-Uma
Heiau Complex Po`ipu Beach Mauka Preserve, Tax Map
Key (TMK) (4) 2-8-17:13, 14, 23, and 24, to include additional
lands situated at TMK (4) 2-8-017:011 (por.) into the portions of
the Kane-I-Olu-Uma Heiau Complex.
• Adopt-A-Park Agreement Amendment II
I. CLAIMS:
1. C 2022-275 Communication (10/24/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
DB Insurance Co. Ltd., for damage to personal property, pursuant
to Section 23.06, Charter of the County of Kauai.
2. C 2022-276 Communication (10/28/2022) from the County Clerk, transmitting
a claim filed against the County of Kauai by Patricia Darmody,
for vehicle damage, pursuant to Section 23.06, Charter of the
County of Kaua`i.
COUNCIL MEETING AGENDA 5 NOVEMBER 16, 2022
J. COMMITTEE REPORT:
1. HOUSING & INTERGOVERNMENTAL RELATIONS COMMITTEE
a. CR-HIR 2022-04: on 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 [Approved.]
K. RESOLUTIONS:
1. Resolution No. 2022-54 - RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Laurie Yoshida)
2. Resolution No. 2022-55 - RESOLUTION CONFIRMING
COUNCIL APPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE,
NATURAL RESOURCES PRESERVATION FUND COMMISSION
(William Kinney-Anahola- Ha ena)
3. Resolution No. 2022-56 - RESOLUTION APPROVING PROPOSALS
FOR INCLUSION IN THE 2023 HAWAII STATE ASSOCIATION OF COUNTIES
LEGISLATIVE PACKAGE
L. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2891) - A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAX (Tax Credit Residential Investor)
2. Proposed Draft Bill (No. 2892) - A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, SECTION 12.7(b) AND ADDING A NEW
SECTION 12.15, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAXES, APPEALS SETTLED BY DIRECTOR
M. BILL FOR SECOND READING:
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 (See also
CR-HIR 2022-04;the Housing&Intergovernmental Relations Committee recommended
approval on second and final reading.)
COUNCIL MEETING AGENDA 6 NOVEMBER 16, 2022
N. 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 092-4 and shall be limited
to those items described in HRS 092-5(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-1084 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4) and (8), and Kaua`i County Charter Section 3.07(E), the
purpose of this Executive Session is to consult with the Council's
legal counsel to receive legal updates, overviews, and
recommendations for purposes of obtaining Council approval to
settle a workers' compensation claim. This deliberation and
decision making involves matters that require the consideration
of information that must be kept confidential due to significant
privacy interests. The significant privacy interests relate to a
medical history, diagnosis, condition, treatment, and evaluation.
This information is protected from disclosure pursuant to state or
federal law, including the Health Insurance Portability and
Accountability Act.
2. ES-1085 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4) and (8), and Kauai County Charter Section 3.07(E), the
purpose of this Executive Session is to consult with the Council's
legal counsel to receive legal updates, overviews, and
recommendations for purposes of obtaining Council approval to
settle a workers' compensation claim. This deliberation and
decision making involves matters that require the consideration
of information that must be kept confidential due to significant
privacy interests. The significant privacy interests relate to a
medical history, diagnosis, condition, treatment, and evaluation.
This information is protected from disclosure pursuant to state or
federal law, including the Health Insurance Portability and
Accountability Act.
3. ES-1086 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 with a briefing and request for
settlement authority in the matter of Charles Rapozo vs. County
of Kauai et al., Civil No. 5CC171000136, and related matters.
This briefing and consultation involves consideration of the
powers, duties, privileges, immunities, and/or liabilities of the
Council and the County as they relate to this agenda item.
O. ADJOURNMENT.
COUNCIL MEETING AGENDA 7 NOVEMBER 16, 2022
P. 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).
(*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. 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(Ni`ihau Minimum Tax)
Q.
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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(<,(Tbwntaent When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,November 16,2022 Wednesday,November 16,2022
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 Kaua'i County Council,please visit 4396 Rice St,Lihue,HI 96766,USA
•wwkyity§tart4myfgouncil.Please call the Office of the County Clerk,Council Services Division at
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This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7.
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Click on the link below for a PDF file of the posted agenda:
November 16,2022 Council Meeting Agenda
November 16,2022 Committee Meeting Agenda
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COUNTY COUNCIL of OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair ti�st h'-� r rrt;;- ,
Mason K. Chock,Vice Chair p � G� t 1 § °A Ja�e't�.fountain-Tanigawa,County Clerk
Bernard P. Carvalho,Jr. 4 ' ti
Felicia Cowden
Bill DeCosta tea,. t�'Q NOV/
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Luke A.Evslin 0 P 21�? 1" ePhone: (808)241-4188
KipuKai Kuali`i OF Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
Council Services Divisio `,=;, = j
4396 Rice Street, Suite 20 a - `
UUN
Liu`e,Kaua`i,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, 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/KauaiCountyCounci1112322.
o Video: Meeting ID: 885 2321 3266; Passcode: xA63Q0
o Dial-In: +1 253 215 8782; Meeting ID: 885 2321 3266; Passcode: 518544
• 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.
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