HomeMy WebLinkAbout03/27/2024 Notice and Agenda, Council Meeting KAUA`I COUNTY COUNCIL '24 MAR 21 P 3 :32
MEETING NOTICE AND AGENDA
WEDNESDAY, MARCH 27, 2024
8:30 A.M. OR SOON THEREAFTERCON CLERK
OF KAUkt
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 for 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: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. Emails are
due no later than 12:00 Noon the business 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 MARCH 27, 2024
D. MINUTES of the following meetings of the Council:
1. February 28, 2024 Council Meeting
2. March 7, 2024 Special Council Meeting
3. March 13, 2024 Public Hearing re: Bill No. 2912
E. CONSENT CALENDAR:
1. C 2024-62 Communication (02/29/2024) from the Director of Finance,
transmitting for Council information, the County of Kaua`i 2024
Real Property Assessment List pursuant to Section 5A-2.2, Kaua`i
County Code 1987, as amended. (2024 Real Property Assessment
List on file in the Office of the County Clerk.)
2. C 2024-63 Communication (03/14/2024) 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 2025.
3. C 2024-64 Communication (03/15/2024) from the Housing Director,
transmitting for Council consideration, a Resolution Authorizing
The Mayor And The Director Of Finance Of The County Of Kaua`i
To Enter Into An Intergovernmental Agreement With The State Of
Hawai`i And Department Of Health For A Loan From The State
Water Pollution Control Revolving Fund For The Residential
Cesspool Conversion Program (County Of Kaua`i Residential
Cesspool Conversion Program 1), Project No. RCCOOKA-01. (See
Resolution No. 2024-14)
4. C 2024-65 Communication (03/19/2024) from the Director of Human
Resources, transmitting for Council information, the
March 15, 2024 Human Resources Report (Vacancy Report and
Recruitment Status Report), pursuant to Section 24 of Ordinance
No. B-2023-891, relating to the Operating Budget of the County of
Kaua`i for Fiscal Year 2023-2024.
5. C 2024-66 Communication (03/20/2024) from Council Chair Rapozo,
transmitting for Council consideration, a Resolution Repealing
Resolution No. 2023-02 And Amending Resolution No. 2023-26
Relating To Adopting The Rules Of The Kaua`i County Council For
The Organization Of Committees And The Transaction Of
Business, amending Rule No. 13, Relating to Order and Decorum.
(See Resolution No. 2024-15)
COUNCIL MEETING AGENDA 3 MARCH 27, 2024
F. COMMUNICATIONS:
1. C 2024-67 Communication (02/26/2024) from the Chief of Police, Acting
Assistant Chief Paul N. Applegate, Acting Captain Kennison L.
Nagahisa, and Lieutenant Christian D. Jenkins, requesting
Council approval to accept the terms contained in the Avis Rent a
Car System, LLC, Terms & Conditions regarding Section 3.2
Indemnification. The Kaua`i Police Department, Investigative
Services Bureau seeks to engage in a lease rental of two(2)vehicles,
intended for short-term rental leases spanning one (1) year,
providing the flexibility to switch vehicles as necessary, enhancing
operational efficiency without the constraints of a traditional lease.
2. C 2024-68 Communication (02/27/2024) from Councilmember Kagawa,
transmitting for Council consideration, A Bill For An Ordinance
Amending Sections 5A-1.1 And 5A-11.4, Kaua`i County Code 1987,
As Amended, Relating To Real Property Tax. (See Proposed Draft
Bill (No. 2918))
3. C 2024-69 Communication (03/05/2024) from Council Chair Rapozo and
Councilmember DeCosta,transmitting for Council consideration,A
Bill For An Ordinance Amending Chapter 8, Kaua`i County
Code 1987, As Amended, Relating To The Comprehensive Zoning
Ordinance, Including Matters Pertaining To Guest Houses. (See
Proposed Draft Bill (No. 2919))
4. C 2024-70 Communication(03/07/2024) from the Chief of Police and Assistant
Chief of Police Mark T. Ozaki, requesting Council approval to
accept and expend Federal funds, in the amount of$7,139.00, from
the United States Department of Justice, Bureau of Justice
Assistance, Bulletproof Vest Partnership Grant, to replace
bulletproof vests for officer safety. The grant program has a local
match amount of 50% from the Kaua`i Police Department (Account
No. 001-1003-551.65-00, Collective Bargaining) for the acquisition
of the bulletproof (protective) vests and related accessories to be
utilized by the officers of the Kauai Police Department.
COUNCIL MEETING AGENDA 4 MARCH 27, 2024
5. C 2024-71 Communication(03/07/2024)from the County Engineer,requesting
Council approval to purchase unbudgeted equipment of a Flygt
Submersible Pump, as an unanticipated mechanical failure of an
existing pump at the Wailua Wastewater Treatment Plant has
resulted in a loss of redundancy, needed to ensure that the proper
flows can continue going through the plant treatment process, at a
cost of approximately $31,000.00.
6. C 2024-72 Communication(03/08/2024)from the County Engineer,requesting
Council approval to purchase unbudgeted equipment of an Aurora
Series Effluent Pump, at an estimated cost of $52,000.00. This
pump would convey effluent to the Wailua Golf Course for
irrigation purposes, due to an unanticipated mechanical failure of
an existing effluent pump at the Wailua Wastewater Treatment
Plant.
7. C 2024-73 Communication (03/08/2024) from the Executive on
Transportation, requesting Council approval to apply for, receive,
expend, and indemnify the Federal Transit Administration (FTA)
for Section 5339 formula grant in the amount of$2,662,040.00 for
ten (10) diesel/gas buses, and FTA Section 5311 formula grant in
the amount of$1,334,862.00 for five (5) diesel/gas buses, which are
soon to be beyond their useful lives, to be used to fund eighty
percent (80%) of the purchase cost, and twenty percent (20%) from
the Transportation Agency's Fiscal Year 2025 budget request.
8. C 2024-74 Communication (03/11/2024) from Council Chair Rapozo and
Councilmember DeCosta, transmitting for Council consideration,A
Bill For An Ordinance Amending Chapter 5,Article 2, Section 5-2.6
Kaua`i County Code 1987, As Amended, Relating To Beautification
Fees, to offset the tourism-related impacts of rental or U-drive
motor vehicles by standardizing the beautification fee assessed to
all motor vehicles in the County at five dollars ($5)per certificate of
registration. (See Proposed Draft Bill (No. 2920))
9. C 2024-75 Communication (03/15/2024) from the Mayor, transmitting his
Fiscal Year 2024-2025 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. 2916), Proposed Draft Bill (No. 2917), and the
proposed Fiscal Year 2024-2025 Real Property Tax Rate
Resolution No. 2024-13)
COUNCIL MEETING AGENDA 5 MARCH 27, 2024
G. CLAIMS:
1. C 2024-76 Communication (03/11/2024) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Suzanne Kay Smith,
for personal injuries, vehicle damage and medical expenses,
pursuant to Section 23.06, Charter of the County of Kaua`i.
2. C 2024-77 Communication (03/11/2024) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Jaquelynn Sua, for her
mother's loss of life and medical bills, pursuant to Section 23.06,
Charter of the County of Kaua`i.
H. COMMITTEE REPORT:
1. PUBLIC WORKS & VETERANS SERVICES COMMITTEE:
a. CR-PWVS 2024-05: on PWVS 2024-04 Communication (02/28/2024) from
Council Chair Rapozo, requesting the
presence of the County Engineer and
Allison Fraley, Environmental Services
Manager, to provide a briefing
regarding the condition of transfer
stations, including but not limited to,
the status of prior transfer station
Notices of Violation (NOVOs), progress
toward Best Management
Practices (BMPs), and compliance with
the National Pollutant Discharge
Elimination System (NPDES) program
requirements. [Received for the
Record.]
I. RESOLUTIONS:
1. Resolution No. 2024-13 — RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2024 TO JUNE 30, 2025
FOR THE COUNTY OF KAUAI
2. Resolution No. 2024-14—RESOLUTION AUTHORIZING THE MAYOR
AND THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER
INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
HAWAII AND DEPARTMENT OF HEALTH FOR A LOAN FROM THE STATE
WATER POLLUTION CONTROL REVOLVING FUND FOR THE RESIDENTIAL
CESSPOOL CONVERSION PROGRAM (COUNTY OF KAUAI RESIDENTIAL
CESSPOOL CONVERSION PROGRAM 1), PROJECT NO. RCCOOKA-01
COUNCIL MEETING AGENDA 6 MARCH 27, 2024
3. Resolution No. 2024-15 — RESOLUTION REPEALING RESOLUTION
NO. 2023-02 AND AMENDING RESOLUTION NO. 2023-26 RELATING TO
ADOPTING THE RULES OF THE KAUAI COUNTY COUNCIL FOR THE
ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2916) — A BILL FOR AN ORDINANCE
RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2024 TO JUNE 30, 2025 (Fiscal Year 2024-2025
Operating Budget)
2. Proposed Draft Bill (No. 2917) — A BILL FOR AN ORDINANCE
RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2024 TO JUNE 30, 2025 (Fiscal Year 2024-2025 CIP
Budget)
3. Proposed Draft Bill (No. 2918) — A BILL FOR AN ORDINANCE
AMENDING SECTIONS 5A-1.1 AND 5A-11.4, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO REAL PROPERTY TAX
4. Proposed Draft Bill (No. 2919) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE COMPREHENSIVE ZONING ORDINANCE, INCLUDING
MATTERS PERTAINING TO GUEST HOUSES
5. Proposed Draft Bill (No. 2920) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5, ARTCLE 2, SECTION 5-2.6 KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO BEAUTIFICATION FEES
K. 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 7 MARCH 27, 2024
1. ES-1118 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 a briefing on the Claim filed against the County of Kaua`i
by Ashley Conner on February 12, 2024. 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-1119 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 a briefing and request for settlement authority in EEOC
No. 37B-2018-00013 (U.S. Equal Employment Opportunity
Commission), FEPA Charge No. K-19973 (Amended) (Hawai`i Civil
Rights Commission), a complaint by a County employee alleging
gender based discrimination against the County of Kaua`i
Department of Public Works. 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-1120 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 on behalf of Council, requests an Executive
Session to provide a briefing on Hawai`i Government Employees
Association, AFSCME, Local 152 AFL-CIO vs. County of Kaua`i
(5CSP-24-0000001) and the status of all pending temporary hazard
pay grievances. This briefing and consultation involves consideration
of the powers, duties, privileges, immunities, and liabilities of the
Council and the County as they relate to this agenda item.
L. ADJOURNMENT.
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
https://www.kauai.gov/Government/CouncillPublic-Hearing-Notices-Minutes.
1. Bill No. 2913 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 19,
ARTICLE 3, SECTION 19-3.2, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO PLAYING FEES AT THE WAILUA GOLF COURSE
COUNCIL MEETING AGENDA 8 MARCH 27, 2024
2. Bill No. 2914 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 7A,
ARTICLE 9, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
GOVERNMENT ASSISTANCE FOR WORKFORCE HOUSING
3. Bill No. 2915 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 7A,
ARTICLE 5,KAUAI COUNTY CODE 1987,AS AMENDED,RELATING TO HOUSING
ELIGIBILITY AND SELECTION
council Meeting Agenda
Meeting Date March 27, 2024
Meeting Type County Council Meeting
This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes (HRS) Se
Time •
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08:30 AM - 04:30 PM Add to Calendar Ct
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Location N _.=1
Historic County Building, 4396 Rice Street,Suite 201, Lihue, 96766 View Map
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ik March 27, 2024 Council Meeting Agenda