HomeMy WebLinkAbout 03/22/2023 Notice and Agenda, Council Meeting KAUA`I COUNTY COUNCIL
MEETING NOTICE AND AGENDA MAR 16 P3 :24
WEDNESDAY, MARCH 22, 2023
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS, HISTORIC COUNTY BUILDING,
4396 RICE STREET, SUITE 201, LIHU`E, KAUAI, HAWAII-96766
MEETING INFORMATION:
• Oral Testimony: Accepted in-person at the Council Chambers.
• Written Testimony: May be submitted before any meeting via: email to
counciltestimony@kauai.gov; fax to (808) 241-6349; mail to the Office of the
County Clerk, Council Services Division at 4396 Rice Street, Suite 209, Lihu`e,
Hawai`i, 96766; or hand-delivery at Suite 209 during regular business
hours (7:45 a.m. to 4:30 p.m., Monday through Friday, excluding holidays).
• Courtesy Livestream, Video, and Minutes: The meeting will be streamed live,
with the recorded video thereafter available, at www.kauai.gov/webcastmeetings.
If the courtesy broadcast connection cannot be maintained or is otherwise
unavailable, the meeting will proceed. Meeting minutes will be completed
pursuant to Hawai`i Revised Statutes Chapter 92 and electronically posted on the
Council's website at www.kauai.gov/council following Council approval.
• For Further Assistance: 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.
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. March 1, 2023 Special Council Meeting
2. March 8, 2023 Public Hearing re: Bill No. 2894
COUNCIL MEETING AGENDA 2 MARCH 22, 2023
E. INTERVIEWS:
1. COST CONTROL COMMISSION:
• Andre N. Lister—Term ending 12/31/2023
• Paul A. Pancho—Term ending 12/31/2023
F. CONSENT CALENDAR:
1. C 2023-66 Communication (03/06/2023) from the Director of Finance,
transmitting for Council information, the County of Kaua`i 2023
Real Property Assessment List pursuant to Section 5A-2.2, Kaua`i
County Code 1987, as amended. (2023 Real Property Assessment
List on file in the Office of the County Clerk.)
2. C 2023-67 Communication (03/13/2023) from the Director of Human
Resources, transmitting for Council information, the
March 15, 2023 Human Resources Report (Vacancy Report and
Recruitment Status Report), pursuant to Section 24 of Ordinance
No. B-2022-886, relating to the Operating Budget of the County of
Kaua`i for Fiscal Year 2022-2023.
3. C 2023-68 Communication (03/15/2023) from the Director of Finance,
transmitting for Council information, supplemental real property
tax revenue information pertaining to the estimated reduction in
real property tax revenues resulting from the Home Preservation
Tax Limitation and Very Low Income Tax Credit relief measures
which have been factored in with the existing real property tax
rates, and based on the certified Real Property Assessment List for
Fiscal Year 2024.
COMMUNICATIONS:
1. C 2023-69 Communication (02/24/2023) from the Housing Director,
requesting Council approval to receive and expend State of Hawai`i
`Ghana Zone funding authorized in 2022 under Act 235, in the
amount of$2,000,000.00, to provide supportive housing and related
services for homeless households on Kaua`i.
2. C 2023-70 Communication (02/24/2023) from the Director of Finance,
requesting Council approval to accept the terms and conditions as
stated in the Equipment Service Agreement from Business
Solutions of Hawaii, Inc.,which provides periodic maintenance and
service to the check folder/sealer machine maintained in the
Accounting Division.
COUNCIL MEETING AGENDA 3 MARCH 22, 2023
3. C 2023-71 Communication (02/24/2023) from the Chief of Police and Mark T.
Ozaki, Acting Assistant Chief of Police, requesting Council
approval to receive and expend State funds, not to
exceed $11,000.00, from the State of Hawai`i, Department of
Health,Alcohol and Drug Abuse Division, as reimbursement for the
enforcement of Hawai`i Revised Statutes (HRS) Section 712-1258,
prohibiting tobacco sales to minors via Memorandum of Agreement
2023-PB-002 effective September 1, 2023 through August 31, 2024.
4. C 2023-72 Communication (03/06/2023) from the Fire Chief, requesting
Council approval to accept a donation from the Kaua`i Lifeguard
Association, a non-profit organization, of one (1) 2022 Yamaha Jet
Ski, valued at $22,443.97, to be used by the Ocean Safety Roving
Patrol operations.
5. C 2023-73 Communication (03/09/2023) from Alan Satta, President of the
Rice Street Business Association, requesting Council approval to
accept a donation from Rice Street Business Association, of
menstrual products, valued at $200.00, to be used to replenish the
dispenser in the women's public restroom in the Historic County
Building.
6. C 2023-74 Communication (03/09/2023) from the Fire Chief, requesting
Council approval to receive and expend State funds, from the
State of Hawai`i, Department of Land and Natural Resources via
a Memorandum of Agreement, for one (1) 4x4 Emergency Vehicle
with lights and sirens, in the amount of$60,000.00, for the Ocean
Safety Bureau for Ke`e Beach Lifeguard Operations.
7. C 2023-75 Communication (03/09/2023) from the Planning Director,
requesting Council approval to apply for, receive, and expend funds
from the State of Hawai`i Department of Transportation (HDOT),
State Planning and Research (SPR) Program Part I — Planning,
under a waiver of the grant program's local match requirement
through the Bipartisan Infrastructure Law (BIL), and non-Federal
match waiver for SPR funds for Complete Streets planning for the
following projects:
• Lihu`e Mauka Road Multi-Modal Corridor Plan
($400,000.00); and
• County Shared Use Path and Access Action Plan
($400,000.00).
COUNCIL MEETING AGENDA 4 MARCH 22, 2023
8. C 2023-76 Communication (03/10/2023) from the Prosecuting Attorney,
requesting Council approval of the indemnification provision
contained in the State Prevention Framework — Partnership for
Success (SPF-PFS) grant, for Fiscal Years 2023 and 2024, which
was previously approved to receive and expend funds on
October 5, 2022.
9. C 2023-77 Communication (03/15/2023) from the Mayor, transmitting his
Fiscal Year 2023-2024 Budget Message, along with the proposed
Operating Budget, Capital Improvement Projects (CIP) Budget,
and Schedule of Charges and Fees. (Detailed Line Item Budget on
file in the Office of the County Clerk.) (See Proposed Draft Bill
(No. 2896), Proposed Draft Bill (No. 2897), and the proposed
Fiscal Year 2023-2024 Real Property Tax Rate Resolution
No. 2023-33)
G. LEGAL DOCUMENT:
1. C 2023-78 Communication (02/27/2023) from the Housing Director,
recommending Council approval of the indemnification provisions
contained in the Grant of Easement in Phase I of the Lima Ola
Workforce Housing Subdivision by and between the County of
Kaua`i and Kaua`i Island Utility Cooperative (KIUC) and Hawaiian
Telcom, Inc., which will contain underground and surface utility
infrastructure to serve the subdivision, situated at Tax Map
Key (TMK) No. (4) 2-1-001:054 (Portion), `Ele`ele, Kaua`i, Hawai`i.
• Grant of Easement
H. COMMITTEE REPORT:
1. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE:
O
1. CR-FED 2023-04: on 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 [Approved.]
COUNCIL MEETING AGENDA 5 MARCH 22, 2023
I. RESOLUTIONS:
1. Resolution No. 2023-29 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF WATER SUPPLY (Micah R. Finnila)
(Deferred March 8, 2023)
2. Resolution No. 2023-33 — RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024
FOR THE COUNTY OF KAUAI
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2896) — A BILL FOR AN ORDINANCE
RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 (Fiscal Year 2023-2024
Operating Budget)
2. Proposed Draft Bill (No. 2897) — A BILL FOR AN ORDINANCE
RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 (Fiscal Year 2023-2024 CIP
Budget)
K. BILL FOR SECOND READING:
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 (See also CR-FED 2023-04;the
Finance & Economic Development Committee 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 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.)
COUNCIL MEETING AGENDA 6 MARCH 22, 2023
1. 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. (Deferred March 8, 2023)
2. ES-1092 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 with the
Council, to provide Council with a briefing and request authority
for a possible settlement proposal in a claim filed by Subro
Claims, Inc. obo for Geico Insurance a/a/o James Brown and
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.
M. ADJOURNMENT.
N. M. PUBLIC HEARING: The Council will convene a public hearing on the following item(s)
on this meeting date at approximately 8:30 a.m., or soon thereafter, and will convene or
reconvene the Council Meeting thereafter. For complete information, including a summary of
the item(s),please refer to the official Notice of Public Hearing,which has been published,posted
on the bulletin board, filed in the Office of the County Clerk, and is available at
www.kauai.gov/council/publichearings.
1. Bill No. 2895 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX
(Mixed-Use Exemption)
3/16/23,3:21 PM Kauai County Council Meeting Notice And Agenda
CAutitil 14Autili
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Kauai County Council Meeting Notice And Agenda Date/Time
Wednesday,March 22,2023 Wednesday,March 22,2023
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
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Thgrifriff fw o0ssatisfy the notice requirement of Hawaii Revised Statutes(HRS)Section
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March 22,2023 Council Meeting Agenda .' '
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