HomeMy WebLinkAbout04/20/2022 Notice and Agenda, Council Meeting RF-cEteED
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, APRIL 20, 202
8:30 A.M. OR SOON THEREAFTER td A8 :Ad
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING `
T tti 11.1NT Y CLERK
4396 RICE STREET, SUITE 201 °f Or Kr
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. April 6, 2022 Council Meeting
2. April 6, 2022 Public Hearing re: Bill No. 2850
E. CONSENT CALENDAR:
1. C 2022-78 Communication (04/05/2022) from Hugo D. Cabrera, Deputy
County Attorney, transmitting for Council information, the
Quarterly Report on Settled Claims filed against the County of
Kaua`i from January 1, 2022 through March 31, 2022.
2. C 2022-79 Communication (04/05/2022) from the Director of Finance,
transmitting for Council information, the Third Quarter
Statement of Equipment Purchases for Fiscal Year 2021-2022,
pursuant to Section 17 of Ordinance No. B-2021-877, relating to
the Operating Budget of the County of Kaua`i for Fiscal
Year 2021-2022.
F. COMMUNICATIONS:
1. C 2022-80 Communication (03/22/2022) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Chapter 8, Kaua`i County Code 1987, as
amended, relating to All-Hazard Statewide Outdoor Warning Siren
Systems. (ZA-2022-2) (Copies of the Draft Ordinance for Zoning
Amendment (ZA-2022-2)(Proposed Draft Bill(No. 2854)), Director's
Report (February 17, 2022), and Draft Planning Commission
Meeting Minutes, on file in the Office of the County Clerk.)
(See Proposed Draft Bill (No. 2854))
COUNCIL MEETING AGENDA 2 APRIL 20, 2022
2. C 2022-81 Communication (03/22/2022) from Ka`aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Chapter 8, Kaua`i County Code 1987, as
amended, relating to Commercial General Zoning District Table of
Uses. (ZA-2022-3) (Copies of the Draft Ordinance for Zoning
Amendment (ZA-2022-3)(Proposed Draft Bill(No. 2855)), Planning
Commission Agenda (March 16, 2022), Director's Report
(February 15, 2022), Agency Comments, and Draft Planning
Commission Meeting Minutes, on file in the Office of the County
Clerk.) (See Proposed Draft Bill (No. 2855))
3. C 2022-82 Communication (04/04/2022) from the Executive on Aging,
requesting Council approval to receive and expend State funds,
in the amount of$53,543.00, 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 2022-83 Communication (04/04/2022) from the Executive on Aging,
requesting Council approval to receive and expend State funds, in
the amount of$183,554.00, 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, Kupuna Care transportation,
personal care, and home-delivered meals, for the period
July 1, 2019 through June 30, 2025.
5. C 2022-84 Communication (04/07/2022) from the Director of Finance,
requesting Council approval to receive and expend funds in the
amount of $50,000.00, from the State of Hawai`i Department of
Commerce and Consumer Affairs (DCCA), and indemnification
provisions contained in the HI-WiFi Program Memorandum of
Understanding, to upgrade or install Wi-Fi connectivity at various
parks or other public locations within the county for the purpose of
increasing access to internet and broadband services.
COUNCIL MEETING AGENDA 3 APRIL 20, 2022
G. LEGAL DOCUMENTS:
1. C 2022-85 Communication (03/31/2022) from the Acting County Engineer,
recommending Council approval of the Property Adjustment
Agreements with William Hyde Rice Ltd. and Cumberland and
Western Resources LLC, respectively, for the K`ipu Bridge
Rehabilitation Project, to repair Kipu Bridge, install new
guardrails, and resurface the asphalt pavement on the bridge and
bridge approaches to the properties situated at Tax Map
Key (TMK) Nos. 3-1-002:001 and (4) 3-3-018:002, Lihu`e, Kaua`i,
Hawai`i.
• Property Adjustment Agreement by and between William
Hyde Rice Ltd. and the County of Kaua`i related to
TMK 3-1-002:001, and
• Property Adjustment Agreement by and between
Cumberland and Western Resources LLC and the County of
Kaua`i related to TMK (4) 3-3-018:002
2. C 2022-86 Communication (04/05/2022) from the Director of Parks &
Recreation, recommending Council approval, of a Right-of-Entry
Agreement and associated terms between the County of Kaua`i
and the State of Hawai`i Department of Transportation for the
Wailua Beach emergency project, situated at Tax Map Key (TMK)
Nos. (4) 4-1-004:001 and (4) 4-1-005:004 (por.), for a public
purpose, to wit: the construction, preservation, and protection of
the highway project known as the Kuhio Highway Emergency
Shoreline Mitigation, Federal Aid Project No. ER-24 (004).
• Right-of-Entry Agreement
H. CLAIMS:
1. C 2022-87 Communication (03/28/2022) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by James Brown, for
damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
2. C 2022-88 Communication (03/31/2022) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Sashalis Catley-Kanei,
for damage to her vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
COUNCIL MEETING AGENDA 4 APRIL 20, 2022
I. COMMITTEE REPORTS:
1. COMMITTEE OF THE WHOLE:
a. CR-COW 2022-04: on 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) [Approved.]
b. CR-COW 2022-05: on 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)
[Approved.]
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2854) - A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO ALL-HAZARD STATEWIDE OUTDOOR WARNING SIREN
SYSTEMS (County of Kauai Planning Department, Applicant) (ZA-2022-2)
2. Proposed Draft Bill (No. 2855) - A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO WAREHOUSES IN THE COMMERCIAL GENERAL ZONING
DISTRICT (County of Kauai Planning Department, Applicant) (ZA-2022-3)
COUNCIL MEETING AGENDA 5 APRIL 20, 2022
K. BILLS FOR SECOND READING:
1. 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) (See also CR-COW 2022-04; the Committee of the Whole recommended
approval on second and final reading.)
2. 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) (See also CR-COW 2022-05; the Committee of the Whole recommended
approval on second and final reading.)
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.)
1. ES-1072 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, discussion, and consultation regarding the Quarterly
Report on Pending and Denied Claims. 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.
2. ES-1073 Pursuant to Hawaii 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 Dylan DePue, et al. vs.
County of Kaua`i, et al., Civil No. 5CCV-21-0000122 (Fifth Circuit
Court). 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.
COUNCIL MEETING AGENDA 6 APRIL 20, 2022
M. ADJOURNMENT.
N. 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. 2853 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 14, KAUAI
COUNTY CODE 1987,AS AMENDED, RELATING TO THE PLUMBING CODE
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.
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• LOUNCIL CALENDAR(NOT PUBLIC) *_ Government/County Council/Council Calendar(Not Public)
Event Detail
IIM I 0 I Jessica Young Lg i
ii<Albreeeinngent When&Where
Kaua'i County Council,Council/Committee Meeting Date/Time
Wednesday,April 20,2022 Wednesday,April 20,2022
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 Kauai County Council,please visit 4396 Rice St,Lihue,HI 96766,USA
•w 15.m. ysouncil.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 satisfythe notice requirement of Hawaii Revised Statutes(HRS)Section 92-7. +..• `.
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• +Boards and Commissions
Click on the link below for a PDF file of the posted agenda: -
C
April 20,2022 Council Meeting Agenda
■ ArbQ20,ri2022 Co Committ
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COUNTY COUNCIL of OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair ��Mason K.Chock,Vice Cf i (T; '^ � p y Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. C, Scott K. Sato,Deputy County Clerk
Felicia Cowden ,
Bill DeCosta to
Luke A.Evslin a�r
'22 APR 14 8 :48 " Telephone: (808)241-4188
KipuKai Kuali`i OF Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
C1}' Council Services Division
THE ,€F kiNN I Y CLERK. 4396 Rice Street,Suite 209
VIUH I Y OF KAUA°I LThu`e,Kaua`i,Hawai`i 96766
Effective January 1, 2022, Act 220, Session Laws of Hawaii (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 Kauai County Council will be conducted
as follows until further notice:
• Meetings will be noticed pursuant to Hawaii 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, Hawaii 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/KauaiCountyCounci1042022.
o Video: Meeting ID 876 3773 3309; Passcode: RsjZy3
o Dial-In: +1 253 215 8782; Meeting ID 876 3773 3309; Passcode: 455810
• 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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