HomeMy WebLinkAbout09/25/2024 Notice and Agenda, Council Meeting KAUA`I COUNTY COUNCIL
MEETING NOTICE AND AGENDA
WEDNESDAY, SEPTEMBER 25, 2024 24 SEP 9 A 7 :50
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS, HISTORIC COUNTY BUILDING Lit,Pf c ERK
4396 RICE STREET, SUITE 201, LIHU`E, KAUAI, HAWAII 9M6ii`f OF K AU A'!
MEETING INFORMATION:
• Oral Testimony: Accepted in-person at the Council Chambers.
• Written Testimony: May be submitted for 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. 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 SEPTEMBER 25, 2024
D. MINUTES of the following meetings of the Council:
1. August 14, 2024 Council Meeting
2. September 11, 2024 Council Meeting
3. September 11, 2024 Public Hearing re: Bill No. 2930
E. INTERVIEWS:
1. POLICE COMMISSION:
• Merrilee Mia Ako —Partial term ending 12/31/2024
2. PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES
PRESERVATION FUND COMMISSION:
• Manuel L. Cabral (Hanapepe — `Ele ele) — Partial term ending
12/31/2024
3. BUILDING BOARD OF APPEALS:
• Julian M. John Melchor (Electrical)—Partial term ending 12/31/2024
F. COMMUNICATIONS:
1. C 2024-182 Communication (07/30/2024) from the Mayor, requesting agenda
time for a briefing from Smith Dawson & Andrews, Inc.,
Washington D.C. consultants, to provide a recap of the services and
activities provided to the County during the past year as part of
their professional services contract.
2. C 2024-183 Communication (08/26/2024) from the Prosecuting Attorney,
requesting Council approval to receive and expend State funds in
the amount of $10,000.00, from the Hawai`i State Rural Health
Association (HSRHA), to cover travel expenses and the production
and distribution costs of an educational and informational video
about the dangers of fentanyl and how to administer Naloxone.
COUNCIL MEETING AGENDA 3 SEPTEMBER 25, 2024
3. C 2024-184 Communication (08/29/2024) from the Fire Chief, requesting
approval of the indemnification provision contained in the Newport
Laminates Conditions of Sale for all Towers, to purchase two (2)
prefabricated lifeguard towers from Newport Laminates, Inc.,
which will be used by the Ocean Safety Bureau.
4. C 2024-185 Communication (08/30/2024) from the Director of Parks &
Recreation, requesting Council approval to receive and expend
appropriations from the State Legislature of 2024, in the amount of
$1,650,000.00, of capital improvement funds, to be used for design
and construction for resurfacing of the tennis and basketball courts
at the Kekaha Faye Park, resurfacing of the basketball courts at
the Waimea Athletic Field, and resurfacing of the tennis courts at
the Hanapepe Stadium Park.
5. C 2024-186 Communication (08/30/2024) from the Director of Parks &
Recreation, transmitting for Council consideration, a Bill For An
Ordinance To Amend Ordinance No. B-2024-897, As Amended,
Relating To The Capital Budget Of The County Of Kaua`i, State Of
Hawai`i, For The Fiscal Year July 1, 2024 Through June 30, 2025,
By Revising The Amounts Estimated In The General Fund CIP,
reallocating funds the Islandwide Playcourt Resurfacing to Kekaha
Faye Park, Waimea Athletic Field, and Hanapepe Stadium Park
Resurfacing. (See Proposed Draft Bill (No. 2934))
6. C 2024-187 Communication (09/03/2024) from the Executive on Aging,
requesting Council approval to receive and expend State funds, in
the amount of$535,000.00, and to indemnify the State Executive
Office on Aging, to be used for the provision of Kupuna Care, which
includes case management, adult day care, assisted
transportation, chores, homemaker services, Kupuna care
transportation, personal care, home-delivered meals, respite care,
and caregiver support services for the period July 1, 2019 through
June 30, 2025.
7. C 2024-188 Communication (09/03/2024) from the Executive on Aging,
requesting Council approval to receive and expend State funds,
in the amount of $37,000.00, and to indemnify the State
Executive Office on Aging, to be used by the County of Kaua`i,
Agency on Elderly Affairs to support the functions of the Aging
and Disability Resource Center (ADRC) and be used for staff
development, outreach, awareness, education, and collaboration
with the No Wrong Door (NWD) Network, for the period
June 1, 2024 through May 31, 2025.
COUNCIL MEETING AGENDA 4 SEPTEMBER 25, 2024
8. C 2024-189 Communication (09/04/2024) from the Executive on Aging,
requesting Council approval to apply for, receive, and expend
Year 2 of 3 Year grant funding awarded by the Corporation for
National and Community Service to the County of Kaua`i, Agency
on Elderly Affairs, Kaua`i Retired and Senior Volunteer
Program (RSVP) for the period of April 1, 2025 to March 31, 2026,
in the amount of $77,500.00 per year, combined with matching
County funds in the amount of$183,903.00, to assist Kaua`i RSVP
in carrying out the national service program as authorized by the
Domestic Volunteer Service Act of 1973, as amended (42 U.S.C.,
Chapter 22).
9. C 2024-190 Communication(09/09/2024)from the County Engineer, requesting
Council approval of the indemnification provisions contained in the
Conservation District Use Permit (CDUP) KA-3926 for the
Nawiliwili-Ahukini Shared-Use Path Project made by and between
the County of Kaua`i and the State of Hawai`i, Board of Land and
Natural Resources (BLNR), which is required for the development
of path segments within the Limited Subzone of the State Land
Use (SLU) Conservation District.
10.C 2024-191 Communication (09/10/2024) from the Director of. Finance,
requesting Council approval of the indemnification provisions
contained in the Zoom Terms and Service, which provides video
conferencing tools for users to connect online for meetings,
webinars, and live chat.
11.C 2024-192 Communication (09/10/2024) from the Director of Finance,
requesting Council approval of the Granicus LLC Subscription
Agreement and Terms & Conditions associated with GovMeetings
and LiveCast Encoder services, which provides streaming and
captioning for the Kauai County Council and the Planning
Commission meetings.
12.C 2024-193 Communication (09/10/2024) from the Director of Finance,
requesting Council approval of the indemnification provision
contained in the Adobe Software End User License Agreement,
which provides the County with document management software.
13.C 2024-194 Communication (09/11/2024) from the Prosecuting Attorney,
requesting Council approval to receive and expend State funds in
the amount of $100,000.00, from the State of Hawaii,
Department of Health, Alcohol and Drug Abuse Division (ADAD),
Strategic Prevention Framework—Partnership for Success grant,
which will support prevention programs and coordinate
prevention coalitions in Kaua`i County and allow staff to attend
off-island conferences.
COUNCIL MEETING AGENDA 5 SEPTEMBER 25, 2024
14. C 2024-195 Communication(09/13/2024) from Elliott K. Ke, Assistant Chief of
Police, Police Operations Bureau, requesting Council approval to
accept and expend recurring State funds in the amount of
$201,306.00, which funds three (3) Emergency Services
Dispatcher positions, with a total anticipated amount for the
Fiscal Year of $805,224.00, Hawai`i Department of Health,
Emergency Medical Services &Injury Prevention System Branch,
for the contract period of July 1, 2024 to June 30, 2025.
15. C 2024-196 Communication (09/13/2024) from Council Chair Rapozo,
requesting the presence of the County Engineer and the
Department of Hawaiian Home Lands (DHHL), to provide a
briefing regarding residential and wastewater development plans
for the Lihu`e and Wailua areas.
16.C 2024-197 Communication (09/13/2024) from Jason D. Overmyer,
Lieutenant, Patrol Operations Bureau, requesting Council
approval to receive and expend Federal funds, in the amount of
$591,576.26, from the recurring National Highway Traffic Safety
Administration (NHTSA) grant to be used towards the following
four (4) primary traffic related functions: Traffic Records,
Impaired Driving and Youth Deterrence, Selective Traffic
Enforcement Program (STEP), and Occupant Protection, to
include purchase of equipment, training, and overtime expense,
for the period of October 1, 2024 through September 30, 2025.
G. LEGAL DOCUMENTS:
1. C 2024-198 Communication (09/03/2024) from the Housing Director,
recommending Council approval of a Right-of-Entry permit for
development of Phase II of the successful Kealaula Supportive
Housing Project for Homeless Families and indemnification,
between the County of Kaua`i and the State of Hawai`i
Department of Land and Natural Resources (DLNR) of lands
encumbered under Governor's Executive Order (EO) No. 4663
situated at Tax Map Key (TMK) No. (4) 3-8-005:002 (por.),
Nawiliwili, Kaua`i, Hawai`i, expanding the project by
approximately twenty-four (24) units, completing a new sewer
line and pump station, and constructing an eight-foot chain link
fence between the new housing project and the
DLNR Division of Forestry and Wildlife's baseyard, to maintain
security for facilities and equipment.
• Issuance of Construction Right-of-Entry Permit
COUNCIL MEETING AGENDA 6 SEPTEMBER 25, 2024
2. C 2024-199 Communication (09/17/2024) from the County Engineer,
recommending Council approval to enter into a Memorandum of
Agreement (MOA) with the State of Hawai`i Department of
Transportation (HDOT) Harbors Division, to obtain eleven (11)
sections of the Superferry Ramp, which will be repurposed for
constructing temporary bridges where necessary and
appropriate, estimated value of$135,000.00.
• Memorandum of Agreement for work to be performed
by Department of Transportation, Harbors, as part of
S70160 Removal of Superferry Ramp Nawiliwili
Harbor, Kaua`i, Hawaii
H. CLAIM:
1. C 2024-200 Communication (09/16/2024) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by State Farm Mutual
Automobile Insurance Company as subrogee for Michal
Nakashima, for vehicle damage,pursuant to Section 23.06, Charter
of the County of Kauai.
I. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2934) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2024-897, AS AMENDED, RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE
FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, BY REVISING THE
AMOUNTS ESTIMATED IN THE GENERAL FUND CIP (Kekaha Faye Park,
Waimea Athletic Field, and Hanapepe Stadium Park — $1,650,000.00)
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.
COUNCIL MEETING AGENDA 7 SEPTEMBER 25, 2024
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.2931—A BILL FOR AN ORDINANCE TO ESTABLISH THE STATE HIGHWAY
ENFORCEMENT PROGRAM SURCHARGE FUND FOR THE COUNTY OF KAUA`I
2. 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)
•
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Council Meeting Agenda
Meeting Date September 25, 2024
Meeting Type County Council Meeting
This notice is intended to satisfy the notice requirement of Hawaii Revised Stati
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Historic County Building, 4396 Rice Street,Suite 201,Lihue,96766 View Map
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September 25, 2024 Council Meeting Agenda