HomeMy WebLinkAbout01/18/2024 Notice and Agenda, Council Meeting KAUAI COUNTY COUNCIL
MEETING NOTICE AND AGENDA
THURSDAY, JANUARY 18, 2024
8:30 A.M. OR SOON THEREAFTER
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COUNCIL CHAMBERS, HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201, LIHU`E, KAUAI, HAWAII 967662 AI
MEETING INFORMATION:
• Oral Testimony: Accepted in-person at the Council Chambers. OF rc
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• Written Testimony: May be submitted before any meeting via �"
counciltestimony@kauai.gov; fax to (808) 241-6349; mail to the 0 IN *� UA�
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 Hawaii 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 JANUARY 18, 2024
D. MINUTES of the following meetings of the Council:
1. December 6, 2023 Council Meeting
2. December 20, 2023 Council Meeting
E. CONSENT CALENDAR:
1. C 2024-01 Communication (11/28/2023) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee Chad
K. Pacheco to the Liquor Control Commission — Term
ending 12/31/2025. (See Resolution No. 2024-01)
2. C 2024-02 Communication (12/15/2023) from the County Engineer,
transmitting for Council consideration, a Resolution Authorizing
The Mayor Or The Director Of Finance Of The County Of Kaua`i To
Enter Into An Intergovernmental Agreement With The State Of
Hawai`i, Department Of Health For A Loan From The State Water
Pollution Control Revolving Fund For The Wailua WWTP
Improvements Phase II, Project No. C150055-08. (See Resolution
No. 2024-02)
3. C 2024-03 Communication (12/18/2023) 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 2024, pursuant to Section 5 of the Bylaws of the
Hawai`i State Association of Counties, Inc. (See Resolution
No. 2024-03)
4. C 2024-04 Communication (01/04/2024) from Charles A. Foster, Deputy
County Attorney, transmitting for Council information, the
Quarterly Report on Settled Claims filed against the County of
Kaua`i from October 1, 2023 through December 31, 2023.
5. C 2024-05 Communication (01/05/2024) from the Director of Finance,
transmitting for Council information, the Second Quarter
Statement of Equipment Purchases for Fiscal Year 2023-2024,
pursuant to Section 22 of Ordinance No. B-2023-891, relating to the
Operating Budget of the County of Kauai for Fiscal
Year 2023-2024.
6. C 2024-06 Communication (01/05/2024) from Council Chair Rapozo,
transmitting for Council consideration, a Resolution Urging The
Hawai`i State Legislature To Expressly Authorize Counties To
Amortize Nonconforming Single-Family Transient Vacation
Rentals (TVRs). (See Resolution No. 2024-04)
COUNCIL MEETING AGENDA 3 JANUARY 18, 2024
F. COMMUNICATIONS:
1. C 2024-07 Communication (12/14/2023) from Council Chair Rapozo,
requesting the presence of the Managing Director, to provide a
briefing regarding the American Rescue Plan Act (ARPA) and all
related COVID-19 funds, including a breakdown of funding
received, an itemization of all expenditures, the balance remaining,
and plans to expend remaining funds.
2. C 2024-08 Communication (12/21/2023) from the Fire Chief, requesting
Council approval of the provisions in the Hangar Facilities Lease
Agreement with the State of Hawai`i, Department of
Transportation, and to indemnify the State of Hawai`i, to designate
an optimal and mutually agreed upon site for the placement of an
aircraft storage hangar intended for the Kaua`i Fire Department
helicopter.
3. C 2024-09 Communication (12/26/2023) from the Emergency Management
Administrator, requesting Council approval to receive
reimbursements from the State of Hawai`i Emergency
Management Agency (HI-EMA) under the Addendum to Act 095 —
Intrastate Mutual Aid System agreement, dated October 27, 2023,
for expenses incurred as a result of extending aid and assistance to
Maui, regarding FEMA-DR-4724-HI.
4. C 2024-10 Communication (12/26/2023) from the Emergency Management
Administrator, requesting Council approval to receive and expend
funding awarded under the Federal Emergency Management
Agency's (FEMA's) Hazard Mitigation Grant Program (HMGP
DR-4549-02-02R)for Phase I of the Hanalei Hill Emergency Access
Road project, in the amount of$65,540.70.
5. C 2024-11 Communication (01/02/2024) from the Director of Economic
Development,requesting Council approval to apply for,receive, and
expend funds from the Hawai`i Tourism Authority, in the amount
of $47,520.00, to support funding for the continuation of
coordination of cruise ship greetings at the Nawiliwili Harbor for
January through May 2024.
COUNCIL MEETING AGENDA 4 JANUARY 18, 2024
6. C 2024-12 Communication (01/10/2024) from Council Chair Rapozo,
requesting the presence of the Planning Director, to provide an
update on the Ka Lei Momi Kapa'a Housing Project.
G. CLAIMS:
1. C 2024-13 Communication (12/11/2023) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Carol Kimura, for
damage to her property, pursuant to Section 23.06, Charter of the
County of Kauai.
2. C 2024-14 Communication (12/19/2023) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by M. Andrea Alfiler, for
vehicle damage, pursuant to Section 23.06, Charter of the County
of Kaua`i.
3. C 2024-15 Communication (12/21/2023) from the County Clerk, transmitting
a claim filed against the County of Kauai by Shantel Duarte, for
personal injury to her child, pursuant to Section 23.06, Charter of
the County of Kauai.
4. C 2024-16 Communication (12/22/2023) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Tyler Carr, for
personal injuries and medical expenses, pursuant to Section 23.06,
Charter of the County of Kaua`i.
H. COMMITTEE REPORTS:
1. PUBLIC WORKS & VETERANS SERVICES COMMITTEE:
a. CR-PWVS 2024-01: on PWVS 2024-01 Communication (11/30/2023) from
Councilmember Kagawa, requesting
the presence of the County Engineer,
the State Department of Land and
Natural Resources (DLNR), and Kaua`i
Island Utility Cooperative (KIUC) to
provide a briefing regarding Awawa
Road in Hanapepe Valley including
overgrown road shoulders and trees
entangled in electrical wires.
[Received for the Record.]
COUNCIL MEETING AGENDA 5 JANUARY 18, 2024
b. CR-PWVS 2024-02: on PWVS 2024-02 Communication (12/13/2023) from
Councilmember Cowden, requesting
the presence of the County Engineer
and the Environmental Services
Manager, to provide a briefing
regarding the plan to address the
stipulations imposed by the Board of
Land and Natural Resources (BLNR)
for the upcoming landfill extension.
[Received for the Record.]
2. COMMITTEE OF THE WHOLE
a. CR-COW 2024-01: on COW 2024-01 Communication (10/30/2023) from
Council Chair Rapozo, requesting the
presence of Kirk K. Deitscheman,
Makai Watch Coordinator, State of
Hawai`i Department of Land and
Natural Resources, Division of
Conservation and Resources
Enforcement, and Makaala
Ka'aumoana, Executive Director,
Hanalei Watershed Hui, to provide a
briefing on the State of Hawai`i
Department of Land and Natural
Resources' Makai Watch program and
participating community programs on
Kaua`i. [Received for the Record.]
I. RESOLUTIONS:
1. Resolution No. 2024-01 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Chad K. Pacheco)
2. Resolution No. 2024-02 — RESOLUTION AUTHORIZING THE MAYOR
OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
HAWAII, DEPARTMENT OF HEALTH FOR A LOAN FROM THE STATE WATER
POLLUTION CONTROL REVOLVING FUND FOR THE WAILUA WWTP
IMPROVEMENTS PHASE II, PROJECT NO. C150055-08
COUNCIL MEETING AGENDA 6 JANUARY 18, 2024
3. Resolution No. 2024-03 — RESOLUTION APPROVING THE HAWAII
STATE ASSOCIATION OF COUNTIES SLATE OF OFFICERS FOR CALENDAR
YEAR 2024
4. Resolution No. 2024-04 — RESOLUTION URGING THE HAWAII
STATE LEGISLATURE TO EXPRESSLY AUTHORIZE COUNTIES TO
AMORTIZE NONCONFORMING SINGLE-FAMILY TRANSIENT VACATION
RENTALS (TVRs)
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-1114 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 provide
a briefing and request for settlement authority in the case of Paul
Applegate vs. County of Kaua`i, et al., Case No. CV21-00364
(United States District Court for the District of Hawai`i), 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-1115 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 involves consideration of the powers, duties,
privileges, immunities, and/or liabilities of the Council and the
County as they relate to this agenda item.
3. ES-1116 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
deliberate and decide on Chief of Police, Todd Raybuck's request
for reimbursement of attorneys' fees from Applegate vs. County
of Kaua`i et al., Case No. CV21-00364. 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.
COUNCIL MEETING AGENDA 7 JANUARY 18, 2024
K. ADJOURNMENT.
L. 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
https://www.kauai.gov/Government/Council/Public-Hearing-Notices-Minutes.
1. 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)
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uoy Data iai,awy 18,2024
Meeting Type County Council Meeting
This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7
Time
0830 AM-04:30 PM Add to Calendar
Location
--....,-,Rice Street`.-,-- 2:,:i _,i• ?r-7,-•
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