HomeMy WebLinkAbout01/12/2022 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, JANUARY 12, 2022 *22 AN -S A915.
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
f 19
HISTORIC COUNTY BUILDING .q„ i[;- ,
4396 RICE STREET, SUITE 201
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. December 15, 2021 Council Meeting
2. December 15, 2021 Public Hearing re: Bill No. 2841
E. INTERVIEW:
1. FIRE COMMISSION:
• Rodney N. Yama—Term ending 12/31/2024
2. POLICE COMMISSION:
• Andrew M. Bestwick—Term ending 12/31/2024
F. CONSENT CALENDAR:
1. C 2022-01 Communication (12/03/2021) from the Hawai`i State
Association of Counties (HSAC) President, transmitting for
Council approval, HSAC's slate of officers for the HSAC Executive
Committee for the term beginning January 1, 2022 and ending
no later than January 31, 2023, pursuant to Section 5 of the
HSAC Bylaws of the Hawai`i State Association of Counties, Inc.
(See Resolution No. 2022-01)
COUNCIL MEETING AGENDA 2 JANUARY 12, 2022
G. COMMUNICATIONS:
1. C 2022-02 Communication (12/07/2021) from the Director of Human
Resources, requesting Council approval of the indemnification
provisions contained in the Department of Education Application
for Use of School Buildings, Facilities, or Grounds, including but
not limited to: Kapa'a Elementary School, King Kaumuali`i
Elementary School, Elsie H. Wilcox Elementary School, Chiefess
Kamakahelei Middle School, Kaua`i High School, and Waimea
High School, for recruitment testing/examination purposes in
calendar year 2022.
2. C 2022-03 Communication (12/14/2021) from the Housing Director,
requesting Council approval to perform the following:
a. Exercise the County of Kaua`i's first right to
repurchase a residential unit at 4227 Kanikele Street,
Kilauea, Hawai`i, 96754, Kilauea Estates, Tax Map
Key (TMK): (4) 5-2-023-016-001, for a purchase price of
not more than $358,777.00, based on the payoff
calculation in the Calculation of the Formula Price;
b. Leasehold resale of 4227 Kanikele Street, Kilauea,
Hawai`i, 96754, Kilauea Estates, for not more than
$358,777.00; and
c. Authorize the County Clerk to sign legal documents
related to the acquisition and resale transactions.
3. C 2022-04 Communication (12/16/2021) from the Fire Chief, requesting
Council approval to accept a donation from Walter & Tina Marie
Panzirer via the Friends of the Kaua`i Fire Department of eight (8)
Physio-Control Lucas 3 Chest Compression Devices with service
agreement and indemnification provisions, valued at $134,891.44,
to be used by Kaua`i Fire Department personnel.
4. C 2022-05 Communication (12/17/2021) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
in the amount of $5,051.00 for the Fiscal Year 2022, 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 JANUARY 12, 2022
5. C 2022-06 Communication (12/17/2021) from Councilmember Evslin and
Councilmember Chock, transmitting for Council consideration,
A Bill For An Ordinance Amending Chapter 19, Kaua`i County
Code 1987, As Amended, Relating To Public Parks And Recreation,
And Chapter 22, Kaua`i County Code 1987, As Amended, Relating
To General Provisions Relating To Public Health, Safety And
Welfare. (See Proposed Draft Bill (No. 2842))
6. C 2022-07 Communication (12/21/2021) from Director of Parks & Recreation,
transmitting for Council consideration, A Bill For An Ordinance
Amending Section 19-1.9, Kaua`i County Code 1987, As Amended,
Relating To Schedule Of Fees And Deposits, and transmitting for
Council approval, a Resolution Designating Black Pot Beach Park,
Lydgate Beach Park, And Po`ipu Beach Park As Managed Parking
Zones Subject To Parking Fees,to establish managed parking zones
and fees for non-residents at the aforementioned County parks.
(See Resolution No. 2022-02 and Proposed Draft
Bill (No. 2843))
H. LEGAL DOCUMENT:
1. C 2022-08 Communication (12/15/2021) from the Acting County Engineer,
recommending Council approval of the Property Adjustment
Agreement with Niu Pia Land Company for the
Kaua`i Shores Property, to provide parking tire stops (bumpers)
to mitigate the potential impact of the shared-use path
immediately adjacent to the property situated at Tax Map
Key (TMK) No. (4) 4-3-002:012, Kapa`a, Kauai, Hawai`i. The
improvements will be built using Federal Highway
Administration funds.
• Property Adjustment Agreement
I. CLAIMS:
1. C 2022-09 Communication (12/06/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Kahealani Kolo,
for damage to a vehicle and personal property, pursuant to
Section 23.06, Charter of the County of Kaua`i.
2. C 2022-10 Communication (12/20/2021) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Dan Suess, for damage
to his vehicle, pursuant to Section 23.06, Charter of the County of
Kaua`i.
COUNCIL MEETING AGENDA 4 JANUARY 12, 2022
J. RESOLUTIONS:
1. Resolution No. 2022-01 — RESOLUTION APPROVING THE HAWAII
STATE ASSOCIATION OF COUNTIES SLATE OF OFFICERS FOR CALENDAR
YEAR 2022
2. Resolution No. 2022-02 — RESOLUTION DESIGNATING BLACK POT
BEACH PARK, LYDGATE BEACH PARK, AND POIPU BEACH PARK AS
MANAGED PARKING ZONES SUBJECT TO PARKING FEES
K. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2842) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO PUBLIC PARKS AND RECREATION, AND CHAPTER 22, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO GENERAL PROVISIONS
RELATING TO PUBLIC HEALTH, SAFETY AND WELFARE
2. Proposed Draft Bill (No. 2843) — A BILL FOR AN ORDINANCE
AMENDING SECTION 19-1.9, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO SCHEDULE OF FEES AND DEPOSITS
L. 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.)
M. ADJOURNMENT.
COUNCIL MEETING AGENDA 5 JANUARY 12, 2022
N. PUBLIC HEARING NOTE: 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 and Governor David Y. Ige's Emergency Proclamation Related to Sunshine Law
In-Person Meetings dated December 29, 2021, all meetings of the Council will be closed to the
public consistent with social distancing practices due to the COVID-19 pandemic. The public
hearing will be read into the record and 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 will be taken 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. Anyone interested in providing oral testimony shall 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. 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).
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.
[*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. 2834 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE
ZONING ORDINANCE, AND CHAPTER 22, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO PUBLIC HEALTH, SAFETY AND WELFARE
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.
'A A A`
y Count-,9 of Kaua`i ' RESIDENTS+ BUSINESS+ VISITORS+ Q
,. il { I / Ate
COUNCIL CALENDAR(NOT PUBLIC) j * Government/Courriy Council/Council Calendar(Not Public)
Event Detail
«All Events
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,January 12,2022 Wednesday,January 12,2022
Hawaiian Standard Time
Meetings of the Kauai County Council are typically held each Wednesday(unless otherwise noted)beginning at Venue
8:30 a.m.(unless otherwise noted).To sign-up to receive agendas via E-mail and for any other information related Historic County Building
to the Kaua'i County Council,please visit www.kauai.gov/council.Please call the Office of the County Clerk,Council 4396 Rice St.Lihue,HI 96766.USA
Services Division at(808)241-4188 for the current schedule and for any additional information.
Follow And Share
ti This notice is intended to satisfy the notice requirement of
Hawaii Revised Statutes(HRS)Section 92-7. ZLExport to my calendar
L.7•4 4tot::,,,o,„ Rei,
. „r ` t. t Click on the link below for a PDF file of the posted agenda:
N1. • 4 P January 12,2022 Council Meeting Agenda c4$ PV
ii.vi ski
I! � , .
f
a 1-
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair RE L• i.c V E r[1 4c' OF dr
Mason K.Chock,Vice Chair 0 Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. Scott K.Sato,Deputy County Clerk
Felicia Cowden , o‘._ si"
Bill DeCosta JAN —6 A 9 �1�Mn'
Luke A.Evslin 9A' Telephone: (808)241-4188
KipuKai Kuali`i OF Facsimile: (808)241-6349
F' '''k"- E-mail: cokcouncil@kauai.gov
11 _: 4 ,r L iiuncil Services Division
t T Y OF Kiki14396 Rice Street,Suite 209
LThu`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 and Governor David Y. Ige's Emergency Proclamation
Related to Sunshine Law In-Person Meetings dated December 29, 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.
• The meeting will be closed to the public to be consistent with social distancing
practices due to the COVID-19 pandemic.
• 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 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 at the beginning of the meeting on any agenda item 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. Anyone
interested in providing oral testimony shall 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.
• 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