HomeMy WebLinkAbout06/26/2024 Notice and Agenda, Council Meeting KAUA`I COUNTY COUNCIL
MEETING NOTICE AND AGENDA
WEDNESDAY, JUNE 26, 2024 24 , ! 20 MO :07
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS, HISTORIC COUNTY BUILDING.- .`::
4396 RICE STREET, SUITE 201, LIHU`E, KAUAI, HAWAI`I 9f 766ti.."h' .,,'`'•
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.eov/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 JUNE 26, 2024
D. MINUTES of the following meetings of the Council:
1. May 29, 2024 Council Meeting
2. June 12, 2024 Public Hearing re: Bill No. 2921 and Bill No. 2922
3. June 12, 2024 Council Meeting
E. COMMUNICATIONS:
1. C 2024-119 Communication(05/31/2024)from the County Attorney, requesting
authorization to expend funds up to $150,000.00 to retain Special
Counsel to represent the County of Kaua`i in enforcement of the
Comprehensive Zoning Ordinance as it relates to transient
accommodations. (Deferred June 12, 2024)
2. C 2024-124 Communication (06/04/2024) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
in the amount of $291,839.00, and to indemnify the State
Executive Office on Aging, for the provision of Title III services of
the Older Americans Act, which includes supportive services,
congregate meals, home-delivered meals, preventive health
programs, and the National Family Caregiver Support Program,
for the Federal Fiscal Year 2024. This award is through
September 30, 2026.
3. C 2024-125 Communication (06/05/2024) from the Mayor, requesting Council
approval to accept all food, travel, and lodging expenses provided
by the Hunt Institute's Early Learning Nation Policy Fellows for
Local Elected Leaders to attend the Early Childhood Leadership
Summit and Fellows Retreat on September 4-6, 2024 in Las Vegas,
Nevada, an invitation-only learning and networking opportunity,
designed to support bipartisan local elected leaders with the drive
and potential to establish their communities as national leaders for
children.
4. C 2024-126 Communication (06/06/2024) from the Fire Chief, requesting
Council approval of the indemnification provisions for purchase of
APX Next Portable Radios and related subscription services from
Motorola Solutions, Inc.
5. C 2024-127 Communication (06/06/2024) from the Fire Chief, requesting
Council approval to accept a donation from the Okinawa Lifesaving
Association in the estimated amount of$12,500.00, to be used for
all travel expenses, airfare, lodging, and transportation for Ocean
Safety Bureau Chief Kalani Vierra to participate in the Okinawa
Lifesaving Association Rescue Watercraft Training on
June 15-26, 2024 and the Ocean Safety Symposium on
July 22-29, 2024, in Okinawa, Japan.
COUNCIL MEETING AGENDA 3 JUNE 26, 2024
6. C 2024-128 Communication (06/12/2024) from the Chief of Police and Mark T.
Ozaki, Assistant Chief of Police, requesting Council approval to
receive and expend State funds, in the amount of up to $12,000.00,
from the State of Hawai`i, Department of Health, Alcohol and Drug
Abuse Division, as reimbursement associated overtime for the
enforcement of Hawai`i Revised Statutes (HRS) Section 712-1258,
prohibiting tobacco sales to minors via Memorandum of Agreement
2025-PB-002 effective September 1, 2024 through August 31, 2025.
7. C 2024-129 Communication(06/13/2024)from the County Engineer,requesting
Council approval of the indemnification provisions contained in
Paragraph 13 of Hawai`i Gas's Terms of Use, which provides the
fuel supply for the Waimea Levee Pump Station's emergency
generators that serve as the backup power source in the event of an
electric power outage.
8. C 2024-130 Communication (06/16/2024) from the Director of Economic
Development, requesting Council approval of the indemnification
clause and cost of litigation provisions included in the State of
Hawai`i Department of Agriculture General Terms and conditions
Sections 7 and 8, administering support for the mitigation of the
spread of the Coconut Rhinoceros Beetle (CRB).Approval to receive
and expend funding in the amount of$200,000.00 was granted at
the May 29, 2024 Council Meeting.
9. C 2024-131 Communication(06/17/2024)from the County Engineer,requesting
Council approval to apply for, receive, and expend State funds in
the amount of$379,538.40, from the State of Hawai`i Department
of Health (DOH), and to indemnify the State DOH for the Fiscal
Year 2025 grant cycle, for the HI-5 Deposit Beverage Container
program to be used to fund two (2) HI-5 Recycling Specialist
positions and support mobile redemption center operations in
Kekaha and Koloa.
10.C 2024-132 Communication (06/17/2024) from the Deputy Director of
Planning, requesting Council approval to receive and expend
Federal/State funds for the Hawai`i Coastal Zone
Management (CZM) Program in an amount up to $375,345.00,
and to indemnify the State of Hawai`i in accordance with the
State of Hawai`i General Conditions (AG-008 103D) for
administering the program. This reoccurring pass-through grant
will be utilized to continue the implementation of the CZM
Program on Kaua`i commencing July 1, 2024 to June 30, 2025 and
will be expended on salaries/wages, travel, equipment, and
supplies for the CZM Program, specifically for the
implementation and enforcement of the Special Management
Area Rules and Regulations of the County of Kauai and Shoreline
Setback provisions of Chapter 8, Kaua`i County Code 1987, as
amended.
COUNCIL MEETING AGENDA 4 JUNE 26, 2024
F. CLAIMS:
1. C 2024-133 Communication (06/04/2024) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by MNS,
LTD., dba Sueoka Store, for property damage, pursuant to
Section 23.06, Charter of the County of Kaua`i.
2. C 2024-134 Communication (06/07/2024) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Ira
McRoberts, for vehicle damages, pursuant to Section 23.06,
Charter of the County of Kaua`i.
3. C 2024-135 Communication (06/17/2024) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Todd G. Raybuck, for reimbursement of attorney fees, pursuant
to Section 23.06, Charter of the County of Kaua`i.
G. COMMITTEE REPORTS:
1. COMMITTEE OF THE WHOLE:
a. CR-COW 2024-13: on COW 2024-06 Communication (05/02/2024) from
Councilmember DeCosta, requesting
the presence of Beth Amaro, Member
Services and Communications
Manager, Kaua`i Island Utility
Cooperative, to provide a briefing
relating to fire mitigation. [Received
for the Record.]
b. CR-COW 2024-14: on COW 2024-07 Communication (06/06/2024) from
Councilmember Kagawa, requesting
the presence of the Director of
Economic Development, the Director of
Parks & Recreation, the State of
Hawai`i Department of Agriculture,
and the Kaua`i Invasive Species
Committee to provide a briefing to
discuss the effort to curb the spread of
invasive species such as Little Fire Ant,
Coconut Rhinoceros Beetle, and Rose
Ringed Parakeet, also the damage they
cause on food production. [Received
for the Record.]
COUNCIL MEETING AGENDA 5 JUNE 26, 2024
c. CR-COW 2024-15: on Bill No. 2912 A BILL FOR AN ORDINANCE
ADDING A NEW ARTICLE TO
CHAPTER 6, KAUAI COUNTY
CODE 1987, AS AMENDED,
RELATING TO GENERAL
PROVISIONS RELATING TO
FINANCE [Received for the
Record.]
d. CR-COW 2024-16: on Bill No. 2921 AN EMERGENCY 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, FOR THE
PURPOSES OF FUNDING
EMERGENCY EXPENDITURES
CAUSED BY HEAVY RAINS AND
SEVERE FLOODING WHICH
STARTED ON APRIL 11, 2024, BY
REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL
FUND [Approved.]
H. BILLS FOR SECOND READING:
1. Bill No. 2914, Draft 2 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 7A, ARTICLE 9, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO GOVERNMENT ASSISTANCE FOR WORKFORCE HOUSING
(Deferred May 29, 2024)
2. Bill No. 2912 — A BILL FOR AN ORDINANCE ADDING A NEW
ARTICLE TO CHAPTER 6, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO GENERAL PROVISIONS RELATING TO FINANCE (See also
CR-COW 2024-15;the Committee of the Whole recommended Bill No. 2912 be received
for the record.)
3. Bill No. 2921 — AN EMERGENCY 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, FOR THE PURPOSES OF
FUNDING EMERGENCY EXPENDITURES CAUSED BY HEAVY RAINS AND
SEVERE FLOODING WHICH STARTED ON APRIL 11, 2024, BY REVISING THE
AMOUNTS ESTIMATED IN THE GENERAL FUND (See also CR-COW 2024-16;the
Committee of the Whole recommended approved on second and final reading.)
COUNCIL MEETING AGENDA 6 JUNE 26, 2024
I. 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-1130 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kauai County Charter Section 3.07(E), the Office
of the County Attorney requests an Executive Session to provide
a briefing on the retention of Special Counsel to represent the
County of Kaua`i in enforcement of the Comprehensive Zoning
Ordinance as it relates to transient accommodations. The
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. (Deferred
June 12, 2024.)
J. ADJOURNMENT.
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Home i Government / County Council
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Council Meeting AgendaWLEKri
Y OF ttAUkt
Meeting Date June 26, 2024
Meeting Type County Council Meeting
this notice is intended to satisfy the notice requirement of Hawaii Revised Statutes (HRS)
Time
08:30 AM - 04:30 PM Add to Calendar
Location
Historic County Building, 4396 Rice Street, Suite 201, Lihue, 96766 View Map
Related Information
June 26, 2024 Council Meeting Agenda
Section 92-7.