HomeMy WebLinkAbout12/06/2023 Notice and Agenda, Council Meeting KAUA`I COUNTY COUNCIL
MEETING NOTICE AND AGENDA
WEDNESDAY, DECEMBER 6, 2023
8:30 A.M. OR SOON THEREAFTER23 NOV 30 P 3 :05
COUNCIL CHAMBERS, HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201, LIHU`E, KAUA`I, HAWAII 96766
MEETING INFORMATION: r,
• Oral Testimony: Accepted in-person at the Council Chambers.
• Written Testimony: May be submitted before any meeting via: email to
counciltestimonv@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:Meeting livestream (recorded video
to follow) is available at www.kauai.gov/Government/Council/Webcast-Meetings.
If the courtesy livestream is unavailable for any reason, the meeting will proceed.
Meeting minutes will be completed pursuant to Hawai`i Revised Statutes (HRS)
Chapter 92 and electronically posted at www.kauai.gov/Government/Council
following Council approval.
• Courtesy Remote Oral Testimony: This is not a remote meeting pursuant to
HRS Section 92-3.7. The option of remote oral testimony is offered as a courtesy
only. To register, testifiers shall sign up via emailing remote.signup@kauai.gov,
indicating the agenda item(s) they would like to provide testimony on.
Registration emails are due no later than 12:00 Noon the day prior to the meeting.
Those who timely register will receive remote testimony access and instructions
via reply email. Those wishing to view the meeting but not provide testimony will
be directed to the courtesy livestream (via the website link above). If the courtesy
remote testimony access is unavailable for any reason, the meeting will proceed.
• Additional Note for Both Methods of Oral Testimony:Generally, each agenda
item is addressed (and oral testimony received) in the order listed in the agenda;
however, agenda items may occur out of order without notice and oral testimony
is not accepted for completed agenda items. Those seeking the guaranteed ability
to testify should report: (1) in-person, and (2) by the meeting start time.
• 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.
COUNCIL MEETING AGENDA 2 DECEMBER 6, 2023
D. MINUTES of the following meetings of the Council:
1. November 1, 2023 Council Meeting
2. November 15, 2023 Council Meeting
3. November 15, 2023 Public Hearing re: Bill No. 2910
E. INTERVIEWS:
1. BOARD OF ETHICS:
• Amber K. Mokuahi—Term ending 12/31/2025
2. CHARTER REVIEW COMMISSION:
• Jan TenBruggencate—Term ending 12/31/2025
3. CIVIL SERVICE COMMISSION:
• Piikea Keves-Saiki—Term ending 12/31/2026
4. BOARD OF REVIEW:
• Christopher A. White—Term ending 12/31/2025
• Jody H.K. Kjeldsen—Term ending 12/31/2026
F. CONSENT CALENDAR:
1. C 2023-242 Communication (10/24/2023) from the Mayor, transmitting for
Council consideration and confirmation, the following Mayoral
reappointments to various Boards and Commissions for the County
of Kaua`i:
a. Board of Ethics
• Ryan de la Pena —Term ending 12/31/2026
b. Board of Review
• Stella Fujita—Term ending 12/31/2026
c. Charter Review Commission
• Coty Trugillo—Term ending 12/31/2026
COUNCIL MEETING AGENDA 3 DECEMBER 6, 2023
d. Civil Service Commission
• Jeffrey S. Iida —Term ending 12/31/2026
e. Cost Control Commission
• Andre N. Lister—Term ending 12/31/2026
• Paul A. Pancho—Term ending 12/31/2026
f. Liquor Control Commission
• Lorna A. Nishimitsu—Term ending 12/31/2026
• Tess Shimabukuro—Term ending 12/31/2026
g. Planning Commission
• Gerald T. Ako (Labor)—Term ending 12/31/2026
• Helen A. Cox (Environmentalist) — Term ending
12/31/2026
h. Police Commission
• Mary Kay Hertog—Term ending 12/31/2026
• Walton D.Y. Hong—Term ending 12/31/2026
(See Resolution No. 2023-67, Resolution No. 2023-68,
Resolution No. 2023-69, Resolution No. 2023-70,
Resolution No. 2023-71, Resolution No. 2023-72,
Resolution No. 2023-73, Resolution No. 2023-74,
Resolution No. 2023-75, Resolution No. 2023-76,
Resolution No. 2023-77, and Resolution No. 2023-78)
2. C 2023-243 Communication (11/06/2023) from Council Chair Rapozo,
transmitting for Council consideration and confirmation, the
reappointments to various Boards and Commissions for the County
of Kaua`i:
a. Kaua`i Historic Preservation Commission
• Lee S. Gately(At-Large)—Term ending 12/31/2026
b. Public Access, Open Space, Natural Resources
Preservation Fund Commission
• William Kinney (Anahola to Helena) — Term
ending 12/31/2026
• Mai Shintani(At-Large)—Term ending 12/31/2026
(See Resolution No. 2023-79, Resolution No. 2023-80,
and Resolution No. 2023-81)
COUNCIL MEETING AGENDA 4 DECEMBER 6, 2023
G. COMMUNICATIONS:
1. C 2023-244 Communication (11/07/2023) from the Fire Chief, transmitting for
Council consideration, A Bill For An Ordinance To Amend
Ordinance No. B-2023-891, As Amended, Relating To The
Operating Budget Of The County Of Kaua`i, State Of Hawai`i, For
The Fiscal Year July 1, 2023 Through June 30, 2024, By Revising
The Amounts Estimated In The General Fund, for the purchase
and delivery of one (1) of factory-made fire engine for the Kalaheo
Fire Station. (See Proposed,Draft Bill (No. 2911))
2. C 2023-245 Communication (11/09/2023) from the Emergency Management
Administrator, requesting Council approval to receive and
expend State funds, in the amount of $780,000.00, from the
United States Department of Homeland Security, via the State of
Hawai`i Department of Defense, to be used to enhance the
capability of state and local units of government to prevent,
deter, respond to, and recover from threats and incidents of
terrorism, as well as "all hazards" catastrophic preparedness
initiatives. This grant has a three-year performance period with
no cost-share requirement.
3. C 2023-246 Communication (11/13/2023) from the Fire Chief, requesting
Council approval to receive, accept, and expend State funds, in the
amount of $580,000.00, from the State Legislature, which will be
used for Water Safety Officer positions and equipment including
vehicles and lifeguard towers at Ke`e Beach, Ha`ena State Park,
from July 1, 2023 through June 30, 2024.
4. C 2023-247 Communication (11/15/2023) from the Housing Director,
requesting Council approval to dispose of various records,
pursuant to Hawaii Revised Statutes (HRS) Section 46-43 and
Resolution No. 2008-39 (2008), as amended, which have been kept
for over seven (7) years and are no longer of use or value, and
includes Finance and Accounting records, which have been
retained more than seven (7) years, and Section 8 Housing Choice
Voucher Program records, which have been retained for at least
three (3) years. (List of various records to be disposed of on file in
the Office of the County Clerk.)
COUNCIL MEETING AGENDA 5 DECEMBER 6, 2023
5. C 2023-248 Communication (11/21/2023) from the County Attorney, requesting
authorization to expend additional funds up to $100,000.00
for Special Counsel's continued services to represent the County
of Kaua`i in condemnation proceedings entitled County of Kaua`i
vs. B & D Properties, LLC et al., Civil No. 5CCV-22-0000013,
Fifth Circuit Court, State of Hawai`i.
6. C 2023-249 Communication (11/21/2023) from the Executive on
Transportation, requesting Council approval to purchase six (6)
non-budgeted buses with Federal Transit Administration (FTA)
Section 5311 American Rescue Plan Act(ARPA)funds. These buses
are beyond the thirteen (13)originally budgeted for and included in
the County's Statement of Equipment Purchases for Fiscal
Year (FY) 2023-2024. The Transportation Agency was provided
additional funds to purchase these additional vehicles without
requesting any additional County funds.
7. C 2023-250 Communication(11/22/2023)from the Deputy Director of Planning,
requesting Council approval to apply for, receive, and expend
National Oceanic and Atmospheric Administration (NOAA)
Coastal Zone Management (CZM) Habitat Protection and
Restoration Bipartisan Infrastructure Law (BIL) Competition
Grant funds in the amount of $409,500.00, and to indemnify the
State of Hawai`i, to be used for Habitat Restoration Planning,
Engineering, and Design for the Historic Salt Pans at Hanapepe,
Kaua`i, Hawai`i. The project aims to develop and implement
immediate design solutions to projected coastal impacts, such as
dune restoration and other mitigative measures, and identify long-
term solutions to preserve the hydrogeologically unique,
historically significant, and actively cultivated wahi pana.
8. C 2023-251 Communication(11/22/2023)from the Deputy Director of Planning,
requesting Council approval to apply for, receive, and expend
National Oceanic and Atmospheric Administration (NOAA)
Climate Resiliency Regional Challenge Grant funds in the amount
of$1,068,510.00, and to indemnify NOAA, to establish a Climate-
Resilient Kauai Collaborative with three (3) staff over a three-year
period. The objective of the program is to build partnerships,
engage stakeholders, secure funding, and empower coastal
communities with the knowledge needed to adapt in the face of
climate change.
COUNCIL MEETING AGENDA 6 DECEMBER 6, 2023
9. C 2023-252 Communication (11/24/2023) from the Director of Parks &
Recreation, requesting Council approval to accept donations from
The Hanalei Initiative, a 501(c)(3) not-for-profit corporation, of a
public playground adjacent to the Hanalei Neighborhood Center,
valued at $112,026.49, and a basketball court at Waioli Town Park,
which includes resurfacing and new backboards, valued at
$97,131.36.
10.C 2023-253 Communication(11/30/2023)from the County Engineer, requesting
Council approval of indemnification and other terms and conditions
for an emergency rental of a bulldozer from Hawthorne Pacific
Corp., to complete required daily tasks for proper refuse
management while the Kekaha Landfill's CAT D8 bulldozer is
repaired.
H. LEGAL DOCUMENT:
1. C 2023-254 Communication (11/24/2023) from the Managing Director,
requesting Council acceptance and approval of a Dedication Deed,
from Alexander & Baldwin, LLC to the County of Kaua`i, land
donation of the parcel, including the viewing platform and the
blowhole known as Spouting Horn, located at Tax Map Key (TMK)
No. (4) 2-6-003-019:
• Dedication Deed
I. CLAIMS:
•
1. C 2023-255 Communication (11/14/2023) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Brad P. Candido, for
vehicle damage, pursuant to Section 23.06, Charter of the County
of Kauai.
2. C 2023-256 Communication (11/20/2023) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Electrical Contractors
Hawai`i, Inc., for damage to their vehicle,pursuant to Section 23.06,
Charter of the County of Kauai.
3. C 2023-257 Communication (11/27/2023) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Jason Matsumoto, for
vehicle damage and personal injury, pursuant to Section 23.06,
Charter of the County of Kaua`i.
COUNCIL MEETING AGENDA 7 DECEMBER 6, 2023
J. COMMITTEE REPORT:
1. PARKS & RECREATION/ TRANSPORTATION COMMITTEE:
a. CR-PRT 2023-05: on Bill No. 2910 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 6,
ARTICLE 13, KAUAI COUNTY
CODE 1987, AS AMENDED,
RELATING TO RECOVERY OF
RESCUE EXPENSES [Approved.]
K. RESOLUTIONS:
1. Resolution No. 2023-67 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BOARD OF ETHICS (Ryan de la Pena)
2. Resolution No. 2023-68 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BOARD OF REVIEW (Stella Fujita)
3. Resolution No. 2023-69 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CHARTER REVIEW COMMISSION (Coty Trugillo)
4. Resolution No. 2023-70 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Jeffrey S. Iida)
5. Resolution No. 2023-71 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE COST CONTROL COMMISSION (Andre N. Lister)
6. Resolution No. 2023-72 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE COST CONTROL COMMISSION (Paul A. Pancho)
7. Resolution No. 2023-73 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Lorna A.
Nishimitsu)
8. Resolution No. 2023-74 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Tess
Shimabukuro)
COUNCIL MEETING AGENDA 8 DECEMBER 6, 2023
9. Resolution No. 2023-75 - RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE PLANNING COMMISSION (Gerald T. Ako- Labor)
10. Resolution No. 2023-76 - RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE PLANNING COMMISSION (Helen A. Cox -
Environmentalist)
11. Resolution No. 2023-77 - RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Mary Kay Hertog)
12. Resolution No. 2023-78 - RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Walton D.Y. Hong)
13. Resolution No. 2023-79 - RESOLUTION CONFIRMING COUNCIL
REAPPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW
COMMISSION (Lee S. Gately-At-Large)
14. Resolution No. 2023-80 - RESOLUTION CONFIRMING COUNCIL
REAPPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES PRESERVATION FUND COMMISSION (William Kinney - Anahola
to Ha ena)
15. Resolution No. 2023-81 - RESOLUTION CONFIRMING COUNCIL
REAPPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES PRESERVATION FUND COMMISSION (Mai Shintani -At-Large)
L. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2911) - A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2023-891, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2023 THROUGH JUNE 30, 2024, BY REVISING THE
AMOUNTS ESTIMATED IN THE GENERAL FUND (Fire Engine #5, Kalaheo
Replacement - $1,000,000.00)
M. BILL FOR SECOND READING:
1. Bill No. 2910 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 6, ARTICLE 13, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO RECOVERY OF RESCUE EXPENSES (See also CR-PRT 2023-05;
the Parks & Recreation / Transportation Committee recommended approval on
second and final reading.)
COUNCIL MEETING AGENDA 9 DECEMBER 6, 2023
N. 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-1112 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of
the County Attorney requests an Executive Session to obtain
settlement authority in the case of Paul Applegate vs. County of
Kaua`i et. al., case number CV21-00364 and related matters. 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.
2. ES-1113 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
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 on Special Counsel's continued
services to represent the County of Kaua`i in condemnation
proceedings entitled County of Kaua`i vs. B & D Properties, LLC, et
al., Civil No. 5CCV-22-0000013, Fifth Circuit Court, State of Hawai`i.
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.
O. ADJOURNMENT.
ti�` RESIDENTS GOVERNMENT BUSINESS VISITORS PRESS RELEASES
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Council Meeting Agenda ?- .,� '' ,-, -�';
Meeting t)ate Uecember 06.2023
Meeting type County Council Meeting
This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes IHRSI Section 92-7
Time
08.26 AM 0430 PM Add to Calendar
Location ►.1
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r+,sto•c County t u ldmg.4396 Rice Street.Suite 201.Lihue.96766 View Mao
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