HomeMy WebLinkAbout03/09/2022 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, MARCH 9, 2022 `fit" �•���i A�
8:30 A.M. OR SOON THEREAFTER R .._ ` E D
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201 72 MAR -3 A 7 :11
LIHU`E, KAUAI, HAWAII 96766
t,1A i Y CiERK
A. MEETING CALLED TO ORDER. !;Out; ' KAUAI
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meeting of the Council:
1. February 23, 2022 Council Meeting
E. SPECIAL ORDER OF THE DAY:
1. Bill No. 2834, Draft 1 — 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 (Pursuant to Council Rule No. 5(e); Council Absence. Tie Vote
(Council Absence or Recusal).)
F. INTERVIEWS:
1. LIQUOR CONTROL COMMISSION:
• Gerald S. Matsunaga—Term ending 12/31/2024
2. SALARY COMMISSION:
• Howard J. Leslie —Term ending 12/31/2023
G. CONSENT CALENDAR:
1. C 2022-39 Communication (02/03/2022) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Monica L. Belz to the Police Commission — Term ending
12/31/2024. (See Resolution No. 2022-05)
COUNCIL MEETING AGENDA 2 MARCH 9, 2022
2. C 2022-40 Communication (02/03/2022) from the Mayor, transmitting for
Council consideration and confirmation, the following Mayoral
appointments to the various Boards and Commissions for the
County of Kaua`i:
a. Charter Review Commission
• Coty "Buffy" Trugillo — Term ending 12/31/2023
b. Board of Review
• Jerry Nishihira — Term ending 12/31/2023
(See Resolution No. 2022-06 and Resolution
No. 2022-0 7)
3. C 2022-41 Communication (02/03/2022) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Rose Ramos-Benzel to the Board of Review — Term ending
12/31/2022. (See Resolution No. 2022-08)
4. C 2022-42 Communication (02/09/2022) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Establishing
A Stop Sign On Pilikai Road At Anahola Road, Kawaihau District,
County Of Kaua`i. (See Resolution No. 2022-09)
5. C 2022-43 Communication (02/22/2022) from the Director of Finance,
transmitting for Council information, Periods 1 through 6 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget
Report for July 1, 2021 through December 31, 2021, pursuant to
Section 21 of Ordinance No. B-2021-877, relating to the Operating
Budget of the County of Kaua`i for Fiscal Year 2021-2022. (Copies
of the Periods 1 through 6 Financial Reports as of
December 31, 2021 on file in the Office of the County Clerk.)
6. C 2022-44 Communication (02/23/2022) from the Director of Finance,
transmitting for Council information, Period 7 Financial
Reports — Statement of Revenues, Statement of Expenditures
and Encumbrances, Revenue Report, and Detailed Budget
Report for January 31, 2022, pursuant to Section 21 of
Ordinance No. B-2021-877, relating to the Operating Budget of the
County of Kaua`i for Fiscal Year 2021-2022. (Copies of the Period 7
Report for as of January 31, 2022 on file in the Office of the County
Clerk.)
COUNCIL MEETING AGENDA 3 MARCH 9, 2022
H. COMMUNICATIONS:
1. C 2022-45 Communication (02/10/2021) from the Chief of Police and
Elliott K. Ke, Assistant Chief of Police, Administrative & Technical
Bureau, requesting Council approval to receive and expend
funding from the Enhanced 911 (E-911) Board, in the amount of
$17,108.80, for annual recurring and non-recurring expenditures
to operate 911 services as part of the Kaua`i Police
Department's (KPD's) Public Safety Answering Point (PSAP)-,
funds will be used for costs associated with the KPD's Computer
Automated Dispatch (CAD) server upgrade and for CAD system
maintenance and support.
2. C 2022-46 Communication (02/16/2022) from the Director of Human
Resources, transmitting for Council consideration, the cost items
for the United Public Workers (UPW) Bargaining Unit 1 for the
period July 1, 2021 through June 30, 2025 which were recently
ratified by the employees of Bargaining Unit 1. (See Proposed
Draft Bill (No. 2850))
3. C 2022-47 Communication (02/17/2022) from the County Clerk, requesting
Council approval to dispose of the following government records,
pursuant to Hawai`i Revised Statutes (HRS) Section 46-43 and
Resolution No. 2008-39 (2008), as amended, which have been kept
for over seven (7)years and no longer of use or value. These records
consist of the Office of the County Clerk, Council Services Division,
pre-2000 non-agenda files which include Council/Committee
follow-up letters, intra- and inter-office communications, requests
to and from Councilmembers, etc.
4. C 2022-48 Communication (02/22/2022) from the Acting Prosecuting
Attorney, requesting Council approval to apply for, receive, and
expend Federal funds in the amount of$296,250.00, and approval
to indemnify the State of Hawai`i, Department of the
Attorney General, for the Kaua`i Victims of Crime Act (VOCA)
Expansion Project 20-V2-03 (Victim/Witness program) for the
period July 1, 2022 through June 30, 2023.
5. C 2022-49 Communication (02/23/2022) from the Human Resources Director,
requesting Council approval of the indemnification provision
contained in the Cooperative Personnel Services (CPS) HR
Consulting Test Rental and Use Agreement for test materials
which will be used for development of civil service promotional
tests.
COUNCIL MEETING AGENDA 4 MARCH 9, 2022
I. CLAIMS:
1. C 2022-50 Communication (02/22/2022) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Linda Kay Ross, for
damage to her vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
2. C 2022-51 Communication (02/24/2022) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Tara Hancock, for
damage to her personal property, pursuant to Section 23.06,
Charter of the County of Kaua`i.
3. C 2022-52 Communication (02/18/2022) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by First Insurance
Company of Hawaii, as subrogee of Kaua`i Air Conditioning, for
damage to their vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
J. COMMITTEE REPORTS:
1. PARKS & RECREATION / TRANSPORTATION COMMITTEE:
a. CR-PRT 2022-01: on 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 [Approved as Amended.]
2. PLANNING COMMITTEE:
a. CR-PL 2022-02: on PL 2022-02 Communication (01/20/2022) from
Councilmember Cowden, requesting the
presence of the Planning Director, to
provide a briefing regarding the Climate
Adaptation Plan. [Received for the
Record.]
COUNCIL MEETING AGENDA 5 MARCH 9, 2022
K. RESOLUTIONS:
1. Resolution No. 2022-05 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Monica L. Belz)
2. Resolution No. 2022-06 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Coty "Buffy"
Trugillo)
3. Resolution No. 2022-07 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF REVIEW (Jerry Nishihira)
4. Resolution No. 2022-08 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF ETHICS (Rose Ramos-Benzel)
5. Resolution No. 2022-09 — RESOLUTION ESTABLISHING A STOP
SIGN ON PILIKAI ROAD AT ANAHOLA ROAD, KAWAIHAU DISTRICT, COUNTY
OF KAUAI
L. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2850) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 1 BETWEEN JULY 1, 2021 AND JUNE 30, 2025
M. BILL FOR SECOND READING:
1. Bill No. 2842, Draft 1 — 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 (See also CR-PRT 2022-01; the
Parks & Recreation / Transportation Committee recommended approval as amended
to Bill No. 2842, Draft 1 on February 23, 2022.)
COUNCIL MEETING AGENDA 6 MARCH 9, 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 §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.)
O. ADJOURNMENT.
P. 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 COVID-19(Omicron
Variant) dated January 26, 2022, 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. 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, 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. 2844—A BILL FOR AN ORDINANCE AMENDING CHAPTER 5,ARTICLE 4,
KAUA`I COUNTY CODE 1987,AS AMENDED,RELATING TO COUNTY TRANSIENT
ACCOMMODATIONS TAX
COUNCIL MEETING AGENDA 7 MARCH 9, 2022
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@KAUALGOV 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.
Kaua`i County Council, Council /Committee Meeting Page 1 of 2
K 4 A' a
,; (----'
otititt.9 of ) , atm ;
GOVERNMENT+ RESIDENTS+ BUSINFSS+ VISITORS+ Q, 1
CALENDAR OF EVENTS *- Residents/Calendar Of Events
Event Detail
«All Events When&Where
Kaua'i County Council, Council/Committee Meeting Date/Time
Wednesday,March 9,2022 Wednesday,March 9,2022
Hawaiian Standard Time
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
www.kauai.gov/council.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
• t. _ Export to my calendar
z. a,E., . i „'
..:- ,,,,.
- -
.4;11
-% -
\ •
Z-.-`
k . i. / .
LA).,c2
VP" I
,,, 1. -.4
. . I
�_ t r>l
lie • fV y3
-,.., 4
This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7.
Click on the link below for a PDF file of the posted agenda:
March 9,2022 Council Meeting Agenda
March 9,2022 Committee Meeting Agenda
Copyright 2022-County of Kauai I Privacy Statement I Terms Of Use I Disclaimers I Language Translation
https://www.kauai.gov/Calendar/ctl/ViewEvent/mid/3118/OccuranceId/5994 3/3/2022
Fn
COUNTY COUNCIL p'^' '� OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair 41
of �-9G Jade K.Fountain-Tanigawa,CountyClerk
Mason K. Chock,Vice Chair p _ : g
Bemard P.Carvalho,Jrr2KAR ,.3 Al •j 1 v .. Scott K. Sato,Deputy County Clerk
Felicia Cowden 'i
�y ,
Bill DeCosta �a�.) �1L''q
9 .,, -` y Telephone: 808 241-4188
Luke A.Evslin �. y P ( )
KipuKaiKuali`i , rid. ,;;;if r Y CLERK OF Facsimile: (808)241-6349
; OtiN'T `( OF KAUA'I E-mail: cokcouncil@kauai.gov
Council Services Division
4396 Rice Street,Suite 209
Llhu`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 and Governor David Y. Ige's Emergency Proclamation
Related to COVID-19 (Omicron Variant) dated January 26, 2022, the meetings of the Kauai
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 (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 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. 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/KauaiCountyCounci1030922 (Meeting ID 843 9846 4334;
Passcode: zk9wew).
• 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