HomeMy WebLinkAbout08/28/2024 Notice and Agenda, Council Meeting KAUA`I COUNTY COUNCIL
MEETING NOTICE AND AGENDA 74 AUG 22 P j ;14
WEDNESDAY, AUGUST 28, 2024
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS, HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201, LIHU`E, KAUA`I, 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.signun@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 AUGUST 28, 2024
D. MINUTES of the following meeting of the Council:
1. July 31, 2024 Council Meeting
E. COMMUNICATIONS:
1. C 2024-163 Communication (08/05/2024) from Elliott K. Ke, Assistant Chief of
Police, Police Operations Bureau, transmitting for Council
consideration, A Bill For An Ordinance Relating To Creation Of
The State Highway Enforcement Program Surcharge Fund,
allowing the Kaua`i Police Department (KPD) to use the funds
for the enforcement of laws and ordinances specifically pertaining
to illegal parking on state highways. (See Proposed Draft
Bill (No. 2931))
2. C 2024-164 Communication (08/08/2024) from Lawrence Borgatti, Arborist
Advisory Committee Chair, transmitting for Council consideration,
A Bill For An Ordinance To Amend Chapter 22, Kaua`i County
Code 1987, As Amended, By Amending Section 22-5.4 To Add To
The List Of Exceptional Trees, adding a single monkey pod tree
(Samanea Saman), located in the center of the Sun Village complex,
situated on Tax Map Key (TMK) No. (4) 3-7-001:017 owned by the
Weinberg Foundation. (See Proposed Draft Bill (No. 2932))
3. C 2024-165 Communication (08/12/2024) from the Director of Finance,
requesting Council approval to dispose of various records,pursuant
to Hawaii Revised Statutes (HRS) Section 46-43 and Resolution
No. 2021-48 (2021), which have been kept for over seven (7) years
and are no longer of use or value. (List of various records to be
disposed of on file in the Office of the County Clerk.)
4. C 2024-166 Communication (08/15/2024) from the Deputy Planning Director,
requesting Council approval to apply for, receive, and expend
Transit Oriented Development (TOD) Capital Improvement
Project (CIP) funds, in the amount of up to $270,000.00, and to
indemnify the State Office of Planning and Sustainable
Development, to be used for a Lihu`e Town Core Housing
Feasibility Study, including master planning and other planning
studies, preparation of environmental review documents, and
infrastructure assessment work for projects and infrastructure
identified through State-County consultation, coordination, and
collaboration that are aligned with shared TOD goals and
objectives.
COUNCIL MEETING AGENDA 3 AUGUST 28, 2024
F. LEGAL DOCUMENTS:
1. C 2024-167 Communication (08/13/2024) from the Housing Director,
recommending Council approval of a Grant of Easement made by
and between the County of Kaua`i and Kaua`i Island Utility
Cooperative of Tax Map Key (TMKs) Nos. (4) 2-1-013:045 and
(4) 2-1-013:002, `Ele`ele, Kaua`i, Hawai`i, for the Lima Ola Family
and Senior Housing Projects in Phase I of the Lima Ola
Subdivision, along with the related indemnification provision
contained therein, to locate, install, build, construct, use, operate,
repair, maintain, and replace poles, wire lines, conduits,
appliances, equipment, and facilities within the easement area.
• Grant of Easement
• Grant of Easement
2. C 2024-168 Communication (08/15/2024) from the Director of Finance,
recommending Council approval of a Quitclaim Deed involving Tax
Map Keys (TMKs) Nos. (4) 3-3-04:20 (por.) and (4) 3-3-03:Road
(por.), a Grant of Non-Exclusive Easement involving
TMK No. (4) 3-3-04:20 (por.), and a Grant of Non-Exclusive
Easement involving TMK No. (4) 3-3-03:43 (por.), granting the
State Department of Transportation's (DOT) Kaumuali`i Highway
Widening Project from Lihu`e to West of Maluhia Road, identified
as Federal Aid Project No. STP-050-1 (26), helping improve traffic
flow and safety for the island's westside commuters.
• Quitclaim Deed
• Grant of Non-Exclusive Easement
• Grant of Non-Exclusive Easement
3. C 2024-169 Communication (08/15/2024) from the Planning Director,
requesting Council acceptance and approval of a Dedication
Deed, from the Association of Apartment Owners (AOAO) of
Kulana, dedicating Roadway Lot 22-A, Tax Map
Key (TMK) No. (4) 4-3-003-027 (por.), of the Hauiki Road
Subdivision for roadway purposes.
• Dedication Deed
COUNCIL MEETING AGENDA 4 AUGUST 28, 2024
4. C 2024-170 Communication (08/15/2024) from the Planning Director,
requesting Council acceptance and approval of Dedication Deeds,
from the Association of Apartment Owners (AOAO) of Kulana, to
convey three (3) roadway lots, located at Tax Map Keys (TMKs)
Nos. (4) 4-3-011-001 (por.) (Lot 21), (4) 4-3-011-001 (por.) (Lot 22),
and (4) 4-3-011-001 (por.) (Lot 23), of the Hauiki Road Subdivision
for roadway purposes.
• Dedication Deed (Lot 21)
• Dedication Deed (Lot 22)
• Dedication Deed (Lot 23)
(Copies of the Dedication Deed (Lot 21), Dedication Deed (Lot 22),
Dedication Deed (Lot 23), and all supporting documents on file in
the Office of the County Clerk.)
G. CLAIMS:
1. C 2024-171 Communication (08/06/2024) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Matthew J. Lowry, for vehicle damage, pursuant to Section 23.06,
Charter of the County of Kaua`i.
2. C 2024-172 Communication (08/08/2024) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Alamo,
for vehicle damage, pursuant to Section 23.06, Charter of the
County of Kaua`i.
3. C 2024-173 Communication (08/12/2024) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Sheralyn Hernandez, for vehicle damage, pursuant to
Section 23.06, Charter of the County of Kaua`i.
H. COMMITTEE REPORT:
1. COMMITTEE OF THE WHOLE:
a. CR-COW 2024-19: on COW 2024-08 Communication (06/06/2024) from
Councilmember Bulosan, requesting
the presence of Amy Miller, President
and Chief Executive Officer of the
Hawaii Foodbank, to provide a briefing
pertaining to the Hawai`i Foodbank's
recent report entitled, The State of
Food Insecurity in Hawaii. [Received
for the Record.]
COUNCIL MEETING AGENDA 5 AUGUST 28, 2024
I. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2931) — A BILL FOR AN ORDINANCE TO
ESTABLISH THE STATE HIGHWAY ENFORCEMENT PROGRAM SURCHARGE
FUND FOR THE COUNTY OF KAUAI
2. Proposed Draft Bill (No. 2932) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 22 OF THE KAUAI COUNTY CODE 1987 BY AMENDING
SECTION 22-5.4 TO ADD TO THE LIST OF EXCEPTIONAL TREES (In the center
of the Sun Village Complex TMK: 3-7-001:017)
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.)
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. 2925 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX
(Residential Leases of State-Owned Property)
2. Bill No. 2926 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, KAUAI
COUNTY CODE 1987,AS AMENDED, RELATING TO THE BUILDING CODE
3. Bill No. 2927 — A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF KAUAI FOR
THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION
BONDS;FIXING OR AUTHORIZING THE FIXING OF THE FORM,DENOMINATIONS,
AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND PROVIDING
FOR THE SALE OF SUCH BONDS TO THE PUBLIC; PROVIDING FOR THE
RETIREMENT OF THE BONDS TO BE REFUNDED; AND AUTHORIZING THE
TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE
REFUNDING BONDS AND THE RETIREMENT OF THE BONDS TO BE REFUNDED
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'24 A 22 P1 :14
Council Meeting Agenia
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Meeting Date August 28, 2024 Cai = K, iiil
Meeting Type County Council Meeting
This is intended to satisfy the notice requirement or Hawaii Revised Statutes (HRS) Seci
Time
08:30 AM - 04:30 PM Add to Calendar
Location
Historic County Building, 4396 Rice Street, Suite 201, Lihue, 96766 View Map
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