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Home My WebLink About 02/08/2023 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, FEBRUARY 8, 2023 8:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 LIHU`E, KAUA`I, HAWAII 96766 23 _2 a S :03 A. MEETING CALLED TO ORDER. M33lINTY OF ,K4:6A.� B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meeting of the Council: 1. January 25, 2023 Council Meeting E. INTERVIEWS: 1. POLICE COMMISSION: • John C. Calma—Term ending 12/31/2025 2. BOARD OF ETHICS: • Chantal Zarbaugh—Term ending 12/31/2024 F. CONSENT CALENDAR: 1. C 2023-34 Communication (01/25/2023) from Council Chair Rapozo, providing written disclosure of a possible conflict of interest and recusal relating to C 2023-32, relating to a claim filed against the County of Kauai by Robert J. Christensen, Esq., for back pay, loss of future earnings, damage to reputation, mental anguish, loss of enjoyment of life, and punitive damages, due to his prior employment with the Office of the Prosecuting Attorney. COUNCIL MEETING AGENDA 2 FEBRUARY 8, 2023 G. COMMUNICATIONS: 1. C 2023-35 Communication (01/23/2023) from the Fire Chief, requesting Council approval of the indemnification clause contained in Section (4)f, of the Mutual Aid Agreement, between the United States Commander, Navy Region Hawai`i, Pacific Missile Range Facility (PMRF), the County of Kaua`i, and Koa Lani JV, LLC, providing for mutual response to emergencies when requested and within the scope of services provided by each party's fire and emergency services department. 2. C 2023-36 Communication (01/25/2023) from the Director of Finance, transmitting for Council consideration, A Bill For An Ordinance Amending Chapter 17, Section 1.1, Kaua`i County Code 1987, As Amended, Relating To The General Provisions Relating To Motor Vehicles And Traffic Regulations, to align with Hawai`i Revised Statutes (HRS) Section 286-106, which sets forth the renewal periods based on the recipient's age at the time of issuance. (See Proposed Draft Bill (No. 2894) H. COMMITTEE REPORT: 1. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE: 1. CR-FED 2023-02: on FED 2023-01 Communication (01/25/2023) from Council Chair Rapozo, requesting the presence of the Director of Finance, for a briefing and overview of the County of Kaua`i's Real Property Tax system of the following: • Tax relief programs that can assist property owners in reducing their real property tax bills. • Various deadlines and important dates in the real property tax calendar. • Overview of how real property tax valuations are determined. • Overview of tax classifications. [Received for the Record.] COUNCIL MEETING AGENDA 3 FEBRUARY 8, 2023 I. BILL FOR FIRST READING: 1. Proposed Draft Bill (No. 2894) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 17,ARTICLE 1, SECTION 17-1.1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE GENERAL PROVISIONS RELATING TO MOTOR VEHICLES AND TRAFFIC REGULATIONS J. 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.) 1. ES-1088 Pursuant to Hawai`i Revised Statutes Sections 92-4, 92-5(a)(2), 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney on behalf of the Council, requests an Executive Session to enable Council to consult regarding the evaluation of employees of the Council Services Division of the Office of the County Clerk and to consult with the Council's legal counsel. This briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. (Deferred 01/25/2023) 2. ES-1089 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. K. ADJOURNMENT. L. PUBLIC HEARING NOTE: The Council will convene into a public hearing on the following item(s) on this meeting date by approximately 8:30 a.m., or soon thereafter, and will convene/reconvene the Council Meeting thereafter. COUNCIL MEETING AGENDA 4 FEBRUARY 8, 2023 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 Hawaii 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. 2891, Draft 1 —A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (Tax Credit Residential Investor) L. 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 AVAILAB LE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. *TO VIEW MEETINGS OR MEETING ARCHIVES, PLEASE VISIT: WWW.KAUAI.GOV/WEB CAS TMEETINGS. 2/2/23,7:51 AM Kauai County Council Meeting Notice And Agenda • l<.- lit ,,,,, , 4K...wawa CALENDAR OF EVENTS }F Residents/Calendar Of Events Event Detail 0 I 0 I Darrellyne Caldeira Lout ▪<iditettnent When&Where Kauai County Council Meeting Notice And Agenda Date/Time Wednesday,February 8,2023 Wednesday,February 8,2023 Hawaiian Standard Time • +Office of the Mayor Agenda Venue „•,:,,:, -.. �4,, Historic County Building • ' " Meetings of the 4396 Rice St,Lihue,HI 96766,USA mil- Kauai County 014011111 ie.':4 ,, . . Council are Follow And Share r typically held each Wednesday _Expo.rt_to_my_calendar. ,/ r., t y 32r �% ;'1 �; i Y (unless otherwise If - t r. : • .� ' noted)beginning • •, NI' get at 8:30 a.m. ... 'Jrl .!� (unless otherwise .. is noted).To sign-up ^; ill ,r ,�• , to receive agendas `== - ' i via email and for rn s rn 4 any other • RAISE Gran ) information '_ ✓ t• _- related to the _aIIIIIIIIIMIIIIW � ,,. • Kauai County Council,please W Eisk-Wagadoia.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. This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7. • TIGER Grant Click on the link below for a PDF file of the posted agenda: Fe%arv� 20d23Council Meeting Agenda ua s an ornrrnsswns Copyright 2023-County of Kauai I Privacy Statement I Terms Of Use I Disclaimers I Language Translation • Arborist Committee • Board of Ethics https://www.kauai.gov/Calendar/ctlNiewEvent/mid/3118/Occuranceld/6418 1/35 COUNTY COUNCIL MICE-=oF �CE OF 1 HE COUNTY CLERK Mel Rapozo,Chair f906 KipuKai Kuali`i,Vice Chair �G�\ Jade K.Fountain-Tanigawa,County Clerk Addison Bulosan A %? Lyndon M.Yoshioka,Deputy County Clerk Bernard P.Carvalho,Jr. 23 FEB -2 A 8 :03 Felicia Cowdentidy) Bill DeCosta �•�j • .... Telephone: (808)241-4188 Luke A.Evslin of Facsimile: (808)241-6349 Email cokcouncil@kauai.gov Council Services Division E , 4396 Rice Street,Suite 209 Lihu`e,Kauai,Hawaii 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/KauaiCountyCounci12023. o Video: Meeting ID: 795 893 6597; Passcode: 12345 o Dial-In: +1 669 444 9171; Meeting ID: 795 893 6597; Passcode: 12345 • 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