HomeMy WebLinkAbout 03/08/2023 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA :-
WEDNESDAY, MARCH 8, 2023
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS '23 MAR `2 A10 53
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LIHUE, KAUAI, HAWAII 96766 j Gj m , ;j.j,�; f; ►(
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A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. February 16, 2023 Special Council Meeting
2. February 22, 2023 Council Meeting
3. February 22, 2023 Special Council Meeting
E. CONSENT CALENDAR:
1. C 2023-50 Communication (02/02/2023) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Aimee Lorenzo to the Civil Service Commission — Term
ending 12/31/2024. (See Resolution No. 2023-28)
2. C 2023-51 Communication (02/09/2023) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Micah R. Finnila to the Board of Water Supply — Term ending
12/31/2025. (See Resolution No. 2023-29)
3. C 2023-52 Communication (02/15/2023) from the Hawai`i State Association of
Counties (HSAC) President, transmitting for Council
approval, HSAC's slate of officers for the HSAC Executive
Committee for Calendar Year 2023, pursuant to Section 5 of the
Bylaws of the Hawai`i State Association of Counties, Inc. (See
Resolution No. 2023-30)
COUNCIL MEETING AGENDA 2 MARCH 8, 2023
4. C 2023-53 Communication (02/17/2023) from Councilmember Bulosan,
transmitting for Council consideration, a Resolution Urging The
Hawaii State Legislature To Enact A Statute Exempting Birth
Attendants From State Licensure Requirements. (See Resolution
No. 2023-31)
5. C 2023-54 Communication (02/21/2023) from the Director of Finance,
transmitting for Council information, Periods 1 through 6
Financial Reports — Statements of Revenues (Estimated and
Actual), Statement of Expenditures and Encumbrances, Revenue
Report, and Detailed Budget Report for the period
July 1, 2022 through December 31, 2022, pursuant to
Section 22 of Ordinance No. B-2022-886, relating to the
Operating Budget of the County of Kauai for Fiscal
Year 2022-2023. (Copies of the Periods 1 through 6 Financial
Reports for the Period July 1, 2022 through December 31, 2022 on
file in the Office of the County Clerk.)
6. C 2023-55 Communication (03/01/2023) from Council Vice Chair Kuali`i,
transmitting for Council consideration, a Resolution Pledging
Support For Native Hawaiian Women And Girls. (See
Resolution No. 2023-32)
F. COMMUNICATIONS:
1. C 2023-56 Communication (02/13/2023) from Representative Nakamura,
along with Lance Segawa, Hawaii Health Systems Corporation
(HHSC) Kauai Region Chief Executive Officer (CEO), requesting
agenda time to brief the Council on the Samuel Mahelona Memorial
Hospital (SMMH) Transit-Oriented Development (TOD) Master
Plan Update Project.
2. C 2023-57 Communication (02/15/2023) from the Director of Finance,
requesting Council approval to accept the terms contained in the
U.S. Bank Trust Company's Calculation Agency Agreement, which
will be taking over all responsibilities previously held by Bank of
New York Mellon (BNYM) as it relates to the County's general
obligation and community facilities district bond holdings.
3. C 2023-58 Communication (02/17/2023) from the Housing Director,
requesting Council approval to receive and expend Federal
Emergency Solutions Grant (ESG) funds, in the estimated amount
of up to a maximum of approximately $460,000.00, which may be
used to provide street outreach, emergency shelter, homeless
prevention, rapid rehousing assistance, and data collection via the
Homeless Management Information System (HMIS).
COUNCIL MEETING AGENDA 3 MARCH 8, 2023
4. C 2023-59 Communication (02/22/2023) from the Executive on Aging,
requesting Council approval to receive and expend Federal
funds, for the second allotment in the amount of $29,051.00,
Fiscal Year 2023, and to indemnify the State Executive Office on
Aging, for the Nutrition Services Incentive Program (NSIP)
provision of congregate and home-delivered meals.
5. C 2023-60 Communication (02/23/2023) from the Housing Director,
requesting Council approval to receive and expend
Congressionally Directed Spending, in the amount of
$8,500,000.00, to be used for the construction of the community
center and 40-unit senior housing project at the County's Lima
Ola Affordable Housing Subdivision in `Ele`ele.
6. C 2023-61 Communication (02/27/2023) from Councilmember Bulosan,
requesting the presence of the Executive on Transportation, to
provide an update on the Kaua`i Bus regarding rebranding,
Kaua`i Bus App, and the Kaua`i Bus WiFi.
G. LEGAL DOCUMENT:
1. C 2023-62 Communication (02/24/2023) from the Housing Director,
recommending Council approval to execute the Third Amendment
to the Building Loan Agreement between the Hawai`i Housing
Finance Development Corporation (HHFDC) and the County of
Kaua`i, which seeks to clarify an inconsistency between the current
loan agreement and the intentions of HHFDC and the County
relating to repayment options.
• Third Amendment to the Building Loan Agreement Lima
Ola Workforce Housing Development Phase I Project
(Dwelling Unit Revolving Fund Loan)
H. CLAIMS:
1. C 2023-63 Communication (02/13/2023) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Keith
King, for vehicle damage, pursuant to Section 23.06, Charter of
the County of Kaua`i.
1
COUNCIL MEETING AGENDA 4 MARCH 8, 2023
2. C 2023-64 Communication (02/15/2023) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Joseph
Kua, for mental, physical and emotional injury, pursuant to
Section 23.06, Charter of the County of Kaua`i.
3. C 2023-65 Communication (02/21/2023) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Patti
Thiele, for property damage, pursuant to Section 23.06, Charter
of the County of Kauai.
I. RESOLUTIONS:
1. Resolution No. 2023-23 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Jaclyn K. Kaina)
(Deferred February 22, 2023)
2. Resolution No. 2023-28 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Aimee Lorenzo)
3. Resolution No. 2023-29 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF WATER SUPPLY (Micah R. Finnila)
4. Resolution No. 2023-30 — RESOLUTION APPROVING THE HAWAII
STATE ASSOCIATION OF COUNTIES SLATE OF OFFICERS FOR CALENDAR
YEAR 2023
5. Resolution No. 2023-31 — RESOLUTION URGING THE HAWAI`I
STATE LEGISLATURE TO ENACT A STATUTE EXEMPTING BIRTH
ATTENDANTS FROM STATE LICENSURE REQUIREMENTS
6. Resolution No. 2023-32 — RESOLUTION PLEDGING SUPPORT FOR
NATIVE HAWAIIAN WOMEN AND GIRLS
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.)
COUNCIL MEETING AGENDA 5 MARCH 8, 2023
ES-1091 Pursuant to Hawai`i 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 to brief the Council and
seek approval of a settlement related to the opioid litigation against
CVS, Walgreens, Walmart, Teva, Allergan, and other related matters.
This briefing and consultation involves 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.
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 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. 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
COUNCIL MEETING AGENDA 6 MARCH 8, 2023
M. 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.
3/2/23,10:41 AM Kauai County Council Meeting Notice And Agenda
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CALENDAR OF EVENTS it Residents/Calendar Of Events
Event Detail
0 I 0 I Darrellyne Caldeira Lout
I<iaAlrmtntment When&Where
Kauai County Council Meeting Notice And Agenda Date/Time
Wednesday,March 8,2023 Wednesday, March 8,2023
Hawaiian Standard Time
• +Office of the Mayor
Agenda Venue
Historic County Building
Meetings of the Kauai County Council are typically held each Wednesday(unless otherwise noted) 4396 Rice St,Lihue,HI 96766,USA 1
VORtpaii 60tsa.m.(unless otherwise noted).To sign-up to receive agendas via email and for
any other information related to the Kauai County Council,please visit www.kauai.gov/council. Follow And Share
Please call the Office of the County Clerk,Council Services Division at(808)241-4188 for the
current schedule and for any additional information. _Exp.o.rt to_my_calendar.
Thii + isGail3 satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section
92-7.
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Eli4i@Ilc €bFi , �fc�PDF file of the posted agenda: ' 3
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March 8,2023 Council Meeting Agenda .,,(c;
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Copyright 2023-County of Kauai I Privacy Statement I Terms Of Use I Disclaimer+" r"ir Language)yanslation
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https://www.kauai.gov/Calendar/ctl/ViewEvent/mid/3118/Occuranceld/6434 1/34
COUNTY COUNCIL = OFFICE OF THE COUNTY CLERK
Mel Rapozo,Chair , OF
KipuKai Kuali`i,Vice Chair ` 'r G\ Jade K.Fountain-Tanigawa,County Clerk
Addison Bulosan L ' Lyndon M.Yoshioka,Deputy County Clerk
Bernard P.Carvalho,Jr. ��'' ,°.� -
Felicia Cowden
Bill DeCosta `9j'rHFOAG *vv.v Telephone: (808)241-4188
Ross Kagawa •
of Facsimile: (808)241-6349
j MAR -2 PIO :53 Email: cokcouncil@kauai.gov
Council Services Division
4396 Rice Street,Suite 209
Lihu`e,Kauai,Hawaii 96't66 `
Effective January 1, 2022, Act 220, Session LaagfaW' i LH) 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/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