HomeMy WebLinkAbout09/08/2022 09/07/2022 Council Meeting Follow-Up letterv
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair
Mason K. Chock,Vice Chair Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvalho,Jr. Scott K. Sato,Deputy County Clerk
Felicia Cowden vi
Bill DeCosta t► ,., '1L'4
Luke A.Evslin p . ! p % Telephone: (808)241-4188
KipuKai Kuali`i OF Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
Council Services Division
4396 Rice Street,Suite 209
Lihu`e,Kaua`i,Hawaii 96766
MEMORANDUM
September 8, 2022
TO: Derek S.K. Kawakami, Mayor
FROM: Arryl Kaneshiro, Council Chair AK
RE: SEPTEMBER 7, 2022 COUNCIL MEETING RECAP
This is to inform you of the action taken by the Council at its
September 7, 2022 Council Meeting:
CONSENT CALENDAR:
C 2022-191 Communication (08/08/2022) from the Director of Finance,
transmitting for Council information, the Condition of the County Treasury Statement
quarterly report as of May 12, 2022. (Received for the Record.)
C 2022-192 Communication (08/10/2022) from Councilmember Evslin and
Councilmember Chock, transmitting for Council consideration, a Resolution Urging
Federal, State, And County Elected Officials To Support The Funding And
Implementation Of The Use Of Mosquito Birth Control To Bring Kaua`i's Native
Forest Birds Back From Near-Extinction And Towards Abundance. (Received for
the Record.)
C 2022-193 Communication (08/12/2022) from Councilmember Cowden,
transmitting for Council consideration, the following measure for inclusion in both the
2023 Hawaii State Association of Counties (HSAC) Legislative Package and the 2023
County of Kaua`i Legislative Package:
A Bill for an Act Relating To Emergency Powers, to amend Hawai`i
Revised Statutes (HRS) Section 127A-1(c), Section 127A-13, and
Section 127A-14, clarifying that the powers granted for emergency
purposes shall not be inconsistent with the State Constitution,
provides parameters for the duration of suspension of laws and
requires justification for the suspension; specifies parameters for
when a state of emergency is terminated; and allows the
authorization of the issuance of a proclamation arising from the same
emergency or disaster as a previous proclamation that was
terminated by the legislature, upon request of the governor and
adoption of concurrent resolution by the legislature. (Received for
the Record.)
AN E EM PLOYEROPPORTUNITYEMPLOYR
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Council Meeting Follow-up Memorandum to the Mayor
September 8, 2022
Page 2
C 2022-194 Communication (08/16/2022) from Councilmember Cowden,
transmitting for Council consideration, a Resolution Requesting That The Director
Of The Hawai`i Department Of Commerce And Consumer Affairs Amend The
Administrative Rules Governing The Hawai`i Cable Communication System To
Require Cable Franchisees To Broadcast Public, Educational, And Government
Access Programming In High-Definition At A Video And Audio Quality Equivalent
To All Other Cable Network Programming. (Received for the Record.)
C 2022-195 Communication (08/16/2022) from the Director of Finance and
the Accounting Systems Administrator, transmitting for Council information, the
Inventory Report for the Fiscal Year Ending June 30, 2022. (Received for the
Record.)
C 2022-196 Communication (08/25/2022) from the Housing Director,
transmitting for Council consideration, a Resolution Declaring Intention To Issue
Tax-Exempt Bonds To Finance The Acquisition, Construction, And Development Of
The Lima Ola Project; Declaring Intention To Reimburse Expenditures From The
Proceeds Of Tax-Exempt Bonds; And Authorizing Further Actions Relating To The
Bonds. (Received for the Record.)
COMMUNICATIONS:
C 2022-197 Communication (08/09/2022) from the Housing Director,
requesting Council approval to receive and expend $3,557,201.85 in National
Housing Trust Fund (HTF) Fiscal Year (FY) 2022 funds and to indemnify the
Hawaii Housing Finance and Development Corporation (HHFDC), for the Lima Ola
Phase I, Multi-Family Affordable Housing Development project in `Ele`ele via a
Request for Proposal. (Approved.)
C 2022-198 Communication (08/10/2022) from Councilmember Cowden,
requesting the presence of County Attorney, to provide a briefing on the recent
opioid settlement with various pharmaceutical companies to include the following:
The settlement amount for Kaua`i;
Parameters of spending the settlement; and
Any other community/municipal restrictions associated with the
implementation of programs tied to the settlement. (Received for
the Record.)
C 2022-199 Communication (08/12/2022) 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 $1,012,149.00, for annual recurring
and non-recurring expenditures to operate 911 services as part of the Kauai Police
Department's (KPD's) Public Safety Answering Point (PSAP) and the Alternate
Dispatch Center (ADC), and for travel expenses for designees to attend
Board-approved trainings available out-of-state. (Approved.)
Council Meeting Follow-up Memorandum to the Mayor
September 8, 2022
Page 3
C 2022-200 Communication (08/15/2022) 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 Guest House, as
transmitted by the Kaua`i County Council in Proposed Draft Bill (No. 2860).
Received for the Record.)
C 2022-201 Communication (08/15/2022) from the Housing Director,
requesting Council approval to receive and expend a Fiscal Year (FY) 2022 HOME
Investment Partnership Program (HOME) Community Housing Development
Organization (CHDO) grant in the amount of $450,005.85, and to indemnify the
Hawai`i Housing Finance and Development Corporation (HHFDC), for the Wailua
Scattered Lot Development project via a Request for Proposal. (Approved.)
C 2022-202 Communication (08/18/2022) from Councilmember Evslin,
requesting Council reconsideration of Bill No. 2872, Relating to Real Property Tax,
taken on August 17, 2022, to revise the effective date that the Ordinance would
have taken effect. (Received for the Record.)
C 2022-203 Communication (08/23/2022) from the Councilmember Evslin,
transmitting for Council consideration, A Bill For An Ordinance Amending
Ordinance No. B-2022-886, As Amended, Relating To The Operating Budget Of The
County Of Kaua`i, State Of Hawai`i, For The Fiscal Year July 1, 2022 Through
June 30, 2023, By Revising The Amounts Estimated In The General Fund, for
software necessary to implement a tiered real property tax structure. (Received for
the Record.)
C 2022-204 Communication (08/24/2022) from Ka aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's recommendation to
amend Chapter 8 (Comprehensive Zoning Ordinance), Chapter 12 (Building Code),
and Chapter 13 (Electrical Code), Kaua`i County Code 1987, as amended, relating to
the Electric Vehicle charging infrastructure requirements for parking, as transmitted
by the Kaua`i County Council in Proposed Draft Bill (No. 2877). (Received for the
Record.)
C 2022-205 Communication (08/24/2022) from Patrick Ono, Chair of the
Salary Commission, transmitting for Council consideration, Salary Commission
Resolution No. 2022-1, Relating to the Salaries of Certain Officers and Employees of
the County of Kauai, which was adopted by the Salary Commission at its
July 27, 2022 meeting.
Salary Commission Resolution No. 2022-1 (Received for the
Record.)
C 2022-206 Communication (08/25/2022) from the Housing Director,
requesting Council approval to apply for, receive, and expend Federal funds, in the
amount of$291,545.00, and to indemnify the United States Department of Housing
Urban Development (HUD), for the continuation of the two (2) Housing Choice
Voucher Family Self-Sufficiency (HCVFSS) Program Coordinator's salaries and
fringe benefits. (Approved an Amended amount of$277,662.00.)
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Council Meeting Follow-up Memorandum to the Mayor
September 8, 2022
Page 4
CLAIMS:
C 2022-207 Communication (08/08/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Byron Cleeland, for
vehicle damage, pursuant to Section 23.06, Charter of the County of Kaua`i.
Referred to the Office of the County Attorney for disposition and/or report
back to the Council.)
C 2022-208 Communication (08/10/2022) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Henry H. Furutani for
vehicle damage, pursuant to Section 23.06, Charter of the County of Kaua`i.
Referred to the Office of the County Attorney for disposition and/or report
back to the Council.)
C 2022-209 Communication (08/23/2022) from the County Clerk,
transmitting a claim filed against the County of Kauaci by Progressive Advanced
Insurance Company, as subrogee for Chris Bartlett, for vehicle damage, pursuant to
Section 23.06, Charter of the County of Kauai. (Referred to the Office of the
County Attorney for disposition and/or report back to the Council.)
C 2022-210 Communication (08/26/2022) from the County Clerk,
transmitting a claim filed against the County of Kauai by Eric Phillips and Malissa
Phillips, as parents/legal guardians of Jonas Phillips (a minor), c/o De Costa
Hempey LLC, for personal injury, medical bills, and damages, pursuant to Section
23.06, Charter of the County of Kaua`i. (Referred to the Office of the County
Attorney for disposition and/or report back to the Council.)
COMMITTEE REPORTS: APPROVED.
RESOLUTIONS:
Resolution No. 2022-31 — RESOLUTION URGING FEDERAL, STATE, AND
COUNTY ELECTED OFFICIALS TO SUPPORT THE FUNDING AND
IMPLEMENTATION OF THE USE OF MOSQUITO BIRTH CONTROL TO BRING
KAUAI'S NATIVE FOREST BIRDS BACK FROM NEAR-EXTINCTION AND
TOWARDS ABUNDANCE (Approved.)
Resolution No. 2022-32 — RESOLUTION APPROVING A STATE BILL
RELATING TO EMERGENCY MANAGEMENT FOR INCLUSION IN THE 2023
COUNTY OF KAUAI LEGISLATIVE PACKAGE AND THE 2023 HAWAII STATE
ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE (Amended to
Resolution No. 2022-32, Draft 1;Received for the Record.)
Council Meeting Follow-up Memorandum to the Mayor
September 8, 2022
Page 5
Resolution No. 2022-33 — RESOLUTION REQUESTING THAT THE
DIRECTOR OF THE HAWAII DEPARTMENT OF COMMERCE AND
CONSUMER AFFAIRS AMEND THE ADMINISTRATIVE RULES
GOVERNING THE HAWAII CABLE COMMUNICATION SYSTEM TO REQUIRE
CABLE FRANCHISEES TO BROADCAST PUBLIC, EDUCATIONAL, AND
GOVERNMENT ACCESS PROGRAMMING IN HIGH-DEFINITION AT A VIDEO
AND AUDIO QUALITY EQUIVALENT TO ALL OTHER CABLE NETWORK
PROGRAMMING (Approved.)
Resolution No. 2022-34 — RESOLUTION DECLARING INTENTION TO
ISSUE TAX-EXEMPT BONDS TO FINANCE THE ACQUISITION,
CONSTRUCTION, AND DEVELOPMENT OF THE LIMA OLA PROJECT;
DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE
PROCEEDS OF TAX-EXEMPT BONDS; AND AUTHORIZING FURTHER
ACTIONS RELATING TO THE BONDS (Approved.)
BILLS FOR FIRST READING:
Proposed Draft Bill (No. 2860) — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
GUEST HOUSE (Kauai County Council, Applicant) (Approved on 1st Reading,
Public Hearing scheduled for October 5, 2022, and referred to the Planning
Committee.)
Proposed Draft Bill (No. 2877) — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8 (COMPREHENSIVE ZONING ORDINANCE), CHAPTER 12
BUILDING CODE), AND CHAPTER 13 (ELECTRICAL CODE), KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE REQUIREMENTS FOR PARKING (Approved on 1st
Reading, Public Hearing scheduled for October 5, 2022, and referred to the
Planning Committee.)
Proposed Draft Bill (No. 2887) — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2022-886, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2022 THROUGH JUNE 30, 2023, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND (Real Property Tax Tiered
Software-$150,000) (Approved on 1st Reading, Public Hearing scheduled for
October 5, 2022, and referred to the Committee of the Whole.)
BILL FOR RECONSIDERATION:
Bill No. 2872 —A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY
TAX (Tiered Residential Investor & Vacation Rental Tax Classifications) (Motion to
Reconsider Approved;Approved as Amended to Bill No. 2872, Draft 1.)
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Council Meeting Follow-up Memorandum to the Mayor
September 8, 2022
Page 6
BILLS FOR SECOND READING:
Bill No. 2868 —A BILL FOR AN ORDINANCE AMENDING CHAPTER 8,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO APPLICATION OF
REGULATIONS (County of Kauai Planning Department, Applicant) (ZA-2022-4)
Received for the Record.)
Bill No. 2873, Draft 1 — A BILL FOR AN ORDINANCE ADDING A NEW
ARTICLE TO CHAPTER 15, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO BUILDING AND CONSTRUCTION REGULATIONS (Amended to
Bill No. 2873, Draft 2; Recommitted to the Public Works & Veterans Services
Committee Meeting on October 5, 2022.)
Bill No. 2874 — A BILL FOR AN ORDINANCE AMENDING
SECTIONS 25-11.1, 25-12.1, 25-13.4, AND 25-13.9 OF THE KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO SEWERS (Approved as Amended to
Bill No. 2874, Draft 1.)
Thank you for following up as appropriate, including confidential routing to
any appropriate parties, and please do not hesitate to contact me or Council
Services Staff if you need further information. Please note that this memorandum
presents a summary of the action taken, and reference should be made to the
official minutes for a complete record.
cc: KCT Department Heads (Via E-mail)
KCT CCs (Via E-mail)
Council Services Staff(Via E-mail)