HomeMy WebLinkAbout04/06/2022 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, APRIL 6, 2022
8:30 A.M. OR SOON THEREAFTER 22 MARS A 8 :37
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LIHU`E, KAUA`I, HAWAI`I 96766
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. March 23, 2022 Council Meeting
2. March 23, 2022 Public Hearings re: Bill No. 2845, Bill No. 2846, Bill No. 2847,
Bill No. 2848, and Bill No. 2849
E. CONSENT CALENDAR:
1. C 2022-68 Communication (03/18/2022) from the Housing Director,
transmitting for Council consideration, a Resolution Authorizing The
Filing Of The Kaua`i County 2022 Action Plan (Community
Development Block Grant) With The Department Of Housing And
Urban Development, United States Of America, For A Grant Under
Title I Of The Housing And Community Development Act Of 1974 And
1987 (Public Laws 93-383 And 100-242), As Amended. (See
Resolution No. 2022-15)
2. C 2022-69 Communication (03/22/2022) from the Director of Finance,
transmitting for Council information, Period 8 Financial
Reports — Statement of Revenues, Statement of Expenditures
and Encumbrances, Revenue Report, and Detailed Budget
Report for February 28, 2022, pursuant to Section 21 of
Ordinance No. B-2021-877, relating to the Operating Budget of the
County of Kauai for Fiscal Year 2021-2022. (Copies of the Period 8
Report for as of February 28, 2022 on file in the Office of the County
Clerk.)
COUNCIL MEETING AGENDA 2 APRIL 6, 2022
3. C 2022-70 Communication (03/23/2022) from Councilmember Kuali`i,
providing written disclosure of a possible conflict of interest and
recusal relating to Bill No. 2851, the Mayor's Proposed Operating
Budget for Fiscal Year 2022-2023, regarding the appropriation to
Sexual Assault/Domestic Violence Community Program in the
Office of Economic Development — Administration, Grant-In-Aid,
as he is the Director of Operations for the YWCA of Kaua`i, a
potential applicant for these funds.
4. C 2022-71 Communication (03/23/2022) from Council Chair Kaneshiro,
providing written disclosure of a possible conflict of interest and
recusal relating to Bill No. 2851, the Mayor's Proposed Operating
Budget for Fiscal Year 2022-2023, regarding the appropriation to
Kaua`i Soil Conservation in the Department of Public Works —
Administration, Grant-In-Aid, as he is the Director for the East
Kaua`i Soil & Water Conservation District.
5. C 2022-72 Communication (03/23/2022) from Council Vice Chair Chock,
providing written disclosure of a possible conflict of interest and
recusal relating to Bill No. 2851, the Mayor's Proposed Operating
Budget for Fiscal Year 2022-2023, regarding the appropriation for
Leadership Development & Training in the Office of the Mayor —
Administration, as he is a volunteer and facilitator for the annual
Leadership Kaua`i adult class. Additionally, Leadership Kaua`i
and his company, Kupu a`e Leadership Development, are partners
in leadership initiatives on Kauai.
6. C 2022-73 Communication (03/24/2022) from the Housing Director,
transmitting for Council consideration, a Resolution Authorizing The
Filing Of The Kaua`i County 2022 Action Plan (Home Investment
Partnership Program) With The Department Of Housing And Urban
Development, United States Of America, For A Grant Under Title II Of
The Cranston-Gonzalez National Affordable Housing Act (Public
Law 101-625), As Amended. (See Resolution No. 2022-16)
F. COMMUNICATIONS:
1. C 2022-74 Communication (03/16/2022) from the Housing Director,
requesting council approval to receive and expend additional
funds in the amount of $2,260,000.00, from the State via the
federal American Rescue Plan (ERA2), which will be used to
continue the emergency rental assistance program that provides
rent and utility assistance for Kaua`i households economically
impacted by the COVID-19 emergency.
COUNCIL MEETING AGENDA 3 APRIL 6, 2022
2. C 2022-75 Communication (03/24/2022) from the Chief of Police and Bryson
Ponce, Assistant Chief of Police, Investigative Services Bureau,
requesting Council approval to receive and expend Fiscal
Year 2021 Stop Violence Against Women (VAWA) Formula grant,
in the amount of $64,919, and to indemnify the State of Hawai`i
Department of the Attorney General, project award
No. 15JOVW-21-GG-00576-STOP, to continue to provide program
support of Sexual Assault Nurse Examiners (SANE) exams,
supportive funding, and DNA analysis, for the anticipated period
of June 1, 2022 to May 31, 2023.
G. CLAIMS:
1. C 2022-76 Communication (03/21/2022) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Carmenia Montano,
for damage to her vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
2. C 2022-77 Communication (03/21/2022) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Martin Hoffman, for
damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
H. COMMITTEE REPORT:
1. COMMITTEE OF THE WHOLE:
a. CR-COW 2022-03: on Bill No. 2844 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5, ARTICLE 4,
KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO COUNTY
TRANSIENT ACCOMMODATIONS
TAX [Approved.]
I. RESOLUTIONS:
1. Resolution No. 2022-15—RESOLUTION AUTHORIZING THE FILING
OF THE KAUAI COUNTY 2022 ACTION PLAN (COMMUNITY DEVELOPMENT
BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974
AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED
COUNCIL MEETING AGENDA 4 APRIL 6, 2022
2. Resolution No. 2022-16 — RESOLUTION AUTHORIZING THE FILING
OF THE KAUAI COUNTY 2022 ACTION PLAN (HOME INVESTMENT
PARTNERSHIP PROGRAM) WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING
ACT (PUBLIC LAW 101-625), AS AMENDED
J. BILL FOR SECOND READING:
1. Bill No. 2844 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5,ARTICLE 4, KAUAI COUNTY CODE 1987,AS AMENDED, RELATING
TO COUNTY TRANSIENT ACCOMMODATIONS TAX (See also CR-COW 2022-03;
the Committee of the Whole recommended approval on second and final reading.)
K. 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 092-4 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-1071 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf
of the Council, the Office of the County Attorney requests an
Executive Session with the Council to provide the Council with a
briefing and to request authority for a possible settlement
proposal in a claim filed by Neil and Michelle Young and related
matters. This briefing and consultation involve the consideration
of the powers, duties, privileges, immunities, and/or liabilities of
the Council and the County as they relate to this agenda item.
L. ADJOURNMENT.
COUNCIL MEETING AGENDA 5 APRIL 6, 2022
M. 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, Hawaii 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. 2850 — A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE
BARGAINING AGREEMENT FOR BARGAINING UNIT 1 BETWEEN JULY 1, 2021
AND JUNE 30, 2025
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.
• OUNCIL CALENDAR (NOT PUBLIC) * Government/County Council/Council Calendar(Not Public)
Event Detail
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«Ali genteent When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,April 6,2022 Wednesday,April 6,2022
Hawaiian Standard Time
• +Office of the Mayor
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
■wlioRouncil.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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April 6,2022 Council Meeting Agenda
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COUNTY COUNCIL oF; OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair01 la' -
Mason K.Chock,Vice Chair p� G�� Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. ! Scott K. Sato,Deputy County Clerk
Felicia Cowden l!�) .; /�,
Bill DeCosta '22 31 A 8 :37 �"i:J' ' �Q
Luke A.Evslin 'a4 FQ,o ' 4: Telephone: (808)241-4188
KipuKai Kuali`i of__ Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
: ..,' i Y CLLI'hCouncil Services Division
CO AUA.14396 Rice Street,Suite 209
Liu`e,Kaua`i,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, 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/KauaiCountyCounci1040622.
o Video: Meeting ID 826 0831 7821; Passcode: 7M2p50
o Dial-In: +1 253 215 8782; Meeting ID 826 0831 7821; Passcode: 700344
• 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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