HomeMy WebLinkAbout03/23/2022 Notice and Agenda, Council Meeting s r n
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, MARCH 23, 2022
8:30 A.M. OR SOON THEREAFTER 622 . 1 7 in :36
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
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. March 9, 2022 Council Meeting
2. March 9, 2022 Public Hearing re: Bill No. 2844
E. CONSENT CALENDAR:
1. C 2022-53 Communication (02/22/2022) from the Director of Finance,
transmitting for Council information, the County of Kaua`i 2022
Real Property Assessment List pursuant to Section 5A-2.2, Kaua`i
County Code 1987, as amended. (2022 Real Property Assessment
List on file in the Office of the County Clerk.)
2. C 2022-54 Communication (02/23/2022) from the Acting County Engineer,
transmitting for Council consideration, A Resolution
Authorizing The Installation Of A Speed Hump Along
Moanakai Road, Kawaihau District, County Of Kaua`i (See
Resolution No. 2022-11)
3. C 2022-55 Communication (02/23/2022) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Gerald S. Matsunaga to the Liquor Control Commission — Term
ending 12/31/2024. (See Resolution No. 2022-12)
COUNCIL MEETING AGENDA 2 MARCH 23, 2022
4. C 2022-56 Communication (02/24/2022) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Howard J. Leslie to the Salary Commission — Term
ending 12/31/2023. (See Resolution No. 2022-13)
5. C 2022-57 Communication (03/11/2022) from the Director of Finance,
transmitting for Council consideration, a Resolution Approving
The Issuance Of Up To $40,000,000 Aggregate Principal Amount
Of Special Tax Revenue Bonds Of The County Of Kaua`i For The
County's Community Facilities District No. 2008-1 (Kukui`ula
Development Project); Authorizing The Application Of The
Proceeds Of The Bonds, Together With Certain Other Available
Funds, To Refund Certain Special Tax Revenue Bonds Previously
Issued For The District And To Fund The Costs Of Certain
Facilities Relating To Such District; Approving The Forms Of The
Second Supplemental Trust Indenture, Preliminary Official
Statement, Bond Purchase Agreement And Continuing
Disclosure Agreements Relating To The Bonds; And Authorizing
The Taking Of Further Actions Relating To The Bonds. (Second
Supplemental Trust Indenture, Second Amendment to the
Acquisition and Funding Agreement, Preliminary Official
Statement, Appraisal of Real Property Report, Bond Purchase
Agreement, County's Continuing Disclosure Agreement, and
Developer's Continuing Disclosure Agreement on file in the Office
of the County Clerk.) (See Resolution No. 2022-14)
6. C 2022-58 Communication (03/14/2022) from the Director of Finance,
transmitting for Council information, supplemental real property
tax revenue information pertaining to the estimated reduction in
real property tax revenues resulting from the Home Preservation
Tax Limitation and Very Low Income Tax Credit relief measures
which have been factored in with the existing real property tax
rates, and based on the certified Real Property Assessment List for
Fiscal Year 2023.
7. C 2022-59 Communication (03/14/2022) from the Director of Human
Resources, transmitting for Council information, the
March 15, 2022 Human Resources Reports (Vacancy Report and
Recruitment Status Report), pursuant to Section 24 of
Ordinance No. B-2021-877, relating to the Operating Budget of
the County of Kauai for Fiscal Year 2021-2022.
COUNCIL MEETING AGENDA 3 MARCH 23, 2022
F. COMMUNICATIONS:
1. C 2022-60 Communication (01/31/2022) from Council Chair Kaneshiro,
requesting the presence of the Managing Director and the
Director of Finance, to discuss the Annual Comprehensive
Financial Report (ACFR), Single Audit Reports, and Management
Advisory Report for the Fiscal Year Ended June 30, 2021.
2. C 2022-61 Communication (03/02/2022) from the Executive on Aging,
requesting Council approval to receive and expend State funds, in
the amount of$179,322.00, and to indemnify the State Executive
Office on Aging, to be used for the provision of Kupuna Care,
which includes case management, adult day care, assisted
transportation, attendant care, homemaker, Kupuna care
transportation, personal care, and home-delivered meals, for the
period July 1, 2019 and runs through June 30, 2025.
3. C 2022-62 Communication (03/04/2022) from the Executive on Aging,
requesting Council approval to receive and expend State funds,
in the amount of$50,543.00, and to indemnify the State
Executive Office on Aging, to be used by the County of Kaua`i,
Agency on Elderly Affairs to support the functions of the
Aging and Disability Resource Center (ADRC) and be used
for staff development, outreach, awareness, education, and
collaboration with the No Wrong Door (NWD) Network, for the
period June 1, 2020 through May 31, 2022.
4. C 2022-63 Communication (03/10/2022) from the Executive on Aging,
requesting Council approval of the corrected contract time period
of March 1, 2022 to February 29, 2024, for the Senior Center
Services Contract Log No. 22-163 previously approved under
Council agenda item C 2021-234 (October 20, 2021 Council
Meeting).
COUNCIL MEETING AGENDA 4 MARCH 23, 2022
5. C 2022-64 Communication (03/10/2022) from the Housing Director,
requesting Council approval to perform the following:
a. Acquire under the County's Community Development
Block Grant (CDBG) Program a residential unit at
3310 Kanakolu Street, Lihu`e, Hawai`i, 96766, Tax Map
Key (TMK): (4) 3-8-015:023, for a purchase price of not
more than $660,100.00, based on the 2021 County of Kaua`i
For Sale Limits by Bedroom Count, 120% HUD Income
Limits;
b. Resale by leasehold of 3310 Kanakolu Street, Lihu`e,
Hawai`i, 96766, for not more than the leasehold market
appraisal, which will be obtained as part of this
transaction; and
c. Authorize the County Clerk to sign legal documents related
to the acquisition and resale transactions.
6. C 2022-65 Communication (03/10/2022) from the Acting County Engineer,
requesting Council approval to apply for, receive, and expend
United States Department of Transportation Rebuilding American
Infrastructure with Sustainability and Equity (RAISE) grant
funding in the amount of $26,000,000.00, and to indemnify the
United States Department of Transportation, Federal Highway
Administration, and the Hawai`i Department of Transportation, for
the Po`ipu Road Mobility and Safety Project.
7. C 2022-66 Communication (03/11/2022) from the Acting County Engineer,
transmitting for Council consideration, A Bill For An Ordinance
Amending Chapter 14, Kaua`i County Code 1987, As Amended,
Relating To The Plumbing Code. (See Proposed Draft
Bill (No. 2853))
8. C 2022-67 Communication (03/15/2022) from the Mayor, transmitting his
Fiscal Year 2022-2023 Budget Message, along with the proposed
Operating Budget, Capital Improvement Projects (CIP) Budget,
and Schedule of Charges and Fees. (Detailed Line Item Budget on
file in the Office of the County Clerk.) (See Proposed Draft
Bill (No. 2851), Proposed Draft Bill (No. 2852), and the
proposed Fiscal Year 2022-2023 Real Property Tax Rate
Resolution No. 2022-10)
COUNCIL MEETING AGENDA 5 MARCH 23, 2022
G. COMMITTEE REPORTS:
1. PARKS & RECREATION/ TRANSPORTATION COMMITTEE:
a. CR-PRT 2022-02: on PRT 2022-01 Communication (02/10/2022) from
Councilmember Cowden, requesting
agenda time for a discussion on
endangered seabirds, feral cats, and
plans for cat sanctuaries on Kaua`i.
[Received for the Record.]
b. CR-PRT 2022-03: on 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 [Approved as
Amended.]
2. PLANNING COMMITTEE:
a. CR-PL 2022-03: on PL 2022-03 Communication (02/17/2022) from the
Planning Director, requesting agenda
time to present the Waimea 400
Conceptual Master Plan. [Received
for the Record.]
3. HOUSING & INTERGOVERNMENTAL RELATIONS COMMITTEE:
a. CR-HIR 2022-01: on HIR 2022-01 Communication (02/09/2022) from
Councilmember Cowden, requesting
agenda time for an informational
briefing from members who attended
the 2022 National Association of
Counties (NACo)Legislative Conference
held from February 12-16, 2022, in
Washington, D.C. [Received for the
Record.]
H. RESOLUTIONS:
1. Resolution No. 2022-10 — RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023
FOR THE COUNTY OF KAUAI
COUNCIL MEETING AGENDA 6 MARCH 23, 2022
2. Resolution No. 2022-11 — RESOLUTION AUTHORIZING THE
INSTALLATION OF A SPEED HUMP ALONG MOANAKAI ROAD, KAWAIHAU
DISTRICT, COUNTY OF KAUAI
3. Resolution No. 2022-12 — RESOLUTION CONFIRMING
MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION
(Gerald S. Matsunaga)
4. Resolution No. 2022-13 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE SALARY COMMISSION (Howard J. Leslie)
5. Resolution No. 2022-14 — RESOLUTION APPROVING THE
ISSUANCE OF UP TO $40,000,000 AGGREGATE PRINCIPAL AMOUNT OF
SPECIAL TAX REVENUE BONDS OF THE COUNTY OF KAUAI FOR THE
COUNTY'S COMMUNITY FACILITIES DISTRICT NO. 2008-1 (KUKUI`ULA
DEVELOPMENT PROJECT); AUTHORIZING THE APPLICATION OF THE
PROCEEDS OF THE BONDS, TOGETHER WITH CERTAIN OTHER AVAILABLE
FUNDS, TO REFUND CERTAIN SPECIAL TAX REVENUE BONDS PREVIOUSLY
ISSUED FOR THE DISTRICT AND TO FUND THE COSTS OF CERTAIN
FACILITIES RELATING TO SUCH DISTRICT; APPROVING THE FORMS OF
THE SECOND SUPPLEMENTAL TRUST INDENTURE, PRELIMINARY
OFFICIAL STATEMENT, BOND PURCHASE AGREEMENT AND CONTINUING
DISCLOSURE AGREEMENTS RELATING TO THE BONDS; AND AUTHORIZING
THE TAKING OF FURTHER ACTIONS RELATING TO THE BONDS
I. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2851) — A BILL FOR AN ORDINANCE
RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 (Fiscal Year 2022-2023
Operating Budget)
2. Proposed Draft Bill (No. 2852) — A BILL FOR AN ORDINANCE
RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 (Fiscal Year 2022-2023 CIP
Budget)
3. Proposed Draft Bill (No. 2853) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 14, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE PLUMBING CODE
COUNCIL MEETING AGENDA 7 MARCH 23, 2022
J. BILL FOR SECOND READING:
1. Bill No. 2843, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
SECTION 19-1.9, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
SCHEDULE OF FEES AND DEPOSITS (See also CR-PRT 2022-03; the Parks &
Recreation / Transportation Committee recommended approval as amended to Bill
No. 2843, Draft 1 on March 9, 2022.)
K. 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.)
L. ADJOURNMENT.
M. 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, Hawaii 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
COUNCIL MEETING AGENDA 8 MARCH 23, 2022
1. Bill No. 2845—A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, SECTION
5A-11.26, AND SECTION 5A-9.1(a), KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAX(Tree Farm Development Exemption)
2. Bill No. 2846 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI
COUNTY CODE 1987,AS AMENDED, BY REPEALING ARTICLE 10, RELATING TO
VALUATION OF WASTELAND
3. Bill No. 2847 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI
COUNTY CODE 1987, AS AMENDED, BY REPEALING SECTION 5A-11.25,
RELATING TO ORCHARD DEVELOPMENT EXEMPTION
4. Bill No. 2848 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO.B-2021-877,AS AMENDED,RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2021
THROUGH JUNE 30, 2022, BY REVISING THE AMOUNTS ESTIMATED IN THE
PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND
(Kaumumene(Hideaways Beach)Operating Budget—$1,500,000.00)
5. Bill No. 2849 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2021-878, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2021
THROUGH JUNE 30, 2022, BY REVISING THE AMOUNTS ESTIMATED IN THE
PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND
—CIP(Kaumumene(Hideaways Beach)CIP Budget—$1,500,000.00)
N. 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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Event Detail
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«AAbntaent When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,March 23,2022 Wednesday,March 23,2022
Hawaiian Standard Time
■ +Office of the Mayor
Meetings of the Kaua'i County Council are typically held each Wednesday(unless otherwise Venue
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and for any other information related to the Kauai County Council,please visit 4396 Rice St,Lihue,HI 96766,USA
■mwyyslydpRbyisouncil.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
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This notice is intended to satisfy the notice requirement of Hawai'i Revised Statutes(I-IRS)Section 92-7.
■ +Boards and Commissions
Click on the link below for a PDF file of the posted agenda:
March 23,2022 Council Meeting Agenda
March 23,2022 Committee Meeting Agenda
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Copyright 2022-County of Kauai I Privacy Statement I Terms Of Use I Disclaimers I Language Translation
COUNTY COUNCIL � of OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair i 4 ; ; V i � cY h
Mason K.Chock,Vice Chair rp G \ Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho Jr. Scott K.Sato,Deputy County Clerk
•
Felicia Cowden
Bill DeCosta '22 "flR 17 All :3 � .�� 144
Luke A.Evslin 9j � p � Telephone: (808)241-4188
si•KipuKai Kuali`i of Facsimile: (808)241-6349
' E-mail: cokcouncil@kauai.gov
C ,Licetouncil Services Division
etifito Y OF KAU/.# 96 Rice Street,Suite 209
Lihu`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 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, Hawaii 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/KauaiCountyCounci1032322.
o Video: Meeting ID 861 8614 5386; Passcode: m5crg8
o Dial-In: +1 253 215 8782; Meeting ID 861 8614 5386; Passcode: 071267
• 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