HomeMy WebLinkAbout10/23/2024 Notice and Agenda, Council Meeting KAUA`I COUNTY COUNCIL
MEETING NOTICE AND AGENDA
WEDNESDAY, OCTOBER 23, 2024
8:30 A.M. OR SOON THEREAFTER R ;:-":\ ;- r,
COUNCIL CHAMBERS, HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201, LIHU`E, KAUAI, HAWAII 96766
MEETING INFORMATION: 74 OCT 17 P 2 :04
• Oral Testimony: Accepted in-person at the Council Chambers.
• Written Testimony: May be submitted for any meeting via: email:-,toF 0-
counciltestimony@kauai.gov; fax to (808) 241-6349; mail to the Office` C, ERK
County Clerk, Council Services Division at 4396 Rice Street, Suite 20 ,ViihTuYeir K AU A'I
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 OCTOBER 23, 2024
D. MINUTES of the following meetings of the Council:
1. September 25, 2024 Council Meeting
2. October 9, 2024 Public Hearing re: Bill No. 2933
E. CONSENT CALENDAR:
1. C 2024-208 Communication (10/02/2024) from the Director of Finance,
transmitting for Council information, the First Quarter
Statement of Equipment Purchases for Fiscal Year 2024-2025,
pursuant to Section 22 of Ordinance No. B-2024-897, relating to
the Operating Budget of the County of Kaua`i for Fiscal
Year 2024-2025.
2. C 2024-209 Communication (10/03/2024) from Hugo D. Cabrera, Deputy
County Attorney, transmitting for Council information, the
Quarterly Report on Settled Claims filed against the County of
Kaua`i from July 1, 2024 through September 30, 2024.
3. C 2024-210 Communication (10/07/2024) 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 Design And
Construction Of Best Management Practice (BMP) Improvements
At Various Refuse Transfer Stations, Project No. C150059-25.
(See Resolution No. 2024-25)
4. C 2024-211 Communication (10/08/2024) from Council Chair Rapozo,
transmitting for Council consideration, a Resolution Urging The
State Department Of Accounting And General Services To
Unilaterally Survey A Shoreline For The Purpose Of Establishing
A Boundary Of State Land At Anini Beach. (See Resolution
No. 2024-26)
5. C 2024-212 Communication (10/08/2024) from Councilmember Carvalho,
transmitting for Council consideration, a Resolution Supporting
Operation Green Light For Veterans. (See Resolution
No. 2024-27)
6. C 2024-213 Communication (10/16/2024) from Council Chair Rapozo and
Councilmember DeCosta, transmitting for Council consideration,
a Resolution Urging The Planning Department To Evaluate And
Pursue Public Access Easement Interests In Lands Required For
Public Use. (See Resolution No. 2024-28)
COUNCIL MEETING AGENDA 3 OCTOBER 23, 2024
F. COMMUNICATIONS:
1. C 2024-214 Communication (10/01/2024) from the Executive on Aging,
requesting Council approval to receive and expend Federal funds,
for the fourth allotment in the amount of$20.00, Fiscal Year 2024,
and to indemnify the State Executive Office on Aging, for the
Nutrition Services Incentive Program (NSIP) provision of
congregate and home-delivered meals.
2. C 2024-215 Communication (10/02/2024) from Makana A. Rivera, Acting
Assistant Chief, Support Services Bureau, requesting Council
approval to accept and expend Federal funds, in the amount of
$45,493.88, 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 Kaua`i Police
Department.
3. C 2024-216 Communication (10/04/2024) from the Emergency Management
Administrator, requesting Council approval to receive and
expend State funds, in the amount of $780,000.00, from the
United States Department of Homeland Security, via the State of
Hawai`i Department of Law Enforcement, to be used to enhance
the capability of state and local units of government to prevent,
deter, respond to, and recover from threats and incidents of
terrorism, as well as "all hazards" catastrophic preparedness
initiatives. This grant has a three-year performance period with
no cost-share requirement.
4. C 2024-217 Communication (10/04/2024) from the Director of Finance,
requesting Council approval of the indemnification provision in the
Kaseya Unitrends Support Agreement, a developer which provides
the County with reliable backup, disaster recovery and a
centralized management control to monitor and manage all backup
and disaster recovery tasks.
5. C 2024-218 Communication (10/09/2024) from the Fire Chief, requesting
Council approval of the indemnification provisions for renewal of
radio subscription services from Motorola Solutions, Inc., which
provides the Kaua`i Fire Department and Ocean Safety Bureau
with the ability to track the Kauai Fire Department personnel in
real time, elevating operations safety and situational awareness,
and enabling the radios to use the FirstNet cell system to
supplement radio coverage throughout Kaua`i.
COUNCIL MEETING AGENDA 4 OCTOBER 23, 2024
6. C 2024-219 Communication(10/10/2024)from the County Engineer, requesting
Council approval to negotiate and execute an Administrative Order
on Consent (AOC)with the State of Hawai`i, Department of Health
Clean Water Branch, which will address both the Notice of
Violation Order (NOVO) from 2016 and the permit compliance
matters related to the National Pollutant Discharge Elimination
System (NPDES) permit inspections at all Refuse Transfer
Stations (RTS) that began February 2024. The AOC process allows
the opportunity to consider the County of Kaua`i's progress with
NPDES compliance, and the opportunity to review and negotiate
reduced penalties for non-compliance matters.
7. C 2024-220 Communication (10/11/2024) from the Director of Finance,
requesting Council approval to apply for, accept, and expend
Federal Emergency Management Agency (FEMA) funds to elevate
and defer disaster related cost due to the April 2024 flooding event.
To date, estimated projects cost in the process of FEMA submission
total in excess of$7,300,000.00.
8. C 2024-221 Communication (10/11/2024) from the Director of Finance,
requesting Council approval of the indemnification provision in the
Subrecipient Award Memorandum of Agreement (MOA) for the
Federal Emergency Management Agency (FEMA) Public
Assistance Grant Program, for reimbursement of expenses related
to the response to and recovery from the heavy rains and flooding
that occurred on April 11, 2024.
9. C 2024-222 Communication (10/11/2024) from the Director of Finance,
transmitting for Council consideration, A Bill For An Ordinance
Amending Ordinance No. B-2024-896, As Amended, Relating To
The Operating Budget Of The County Of Kaua`i, State Of Hawai`i,
For The Fiscal Year July 1, 2024 Through June 30, 2025, For The
Purposes Of Funding Expenditures Caused By Heavy Rains And
Severe Flooding Which Started On April 11, 2024, By Revising The
Amounts Estimated In The General Fund (See Proposed Draft
Bill (No. 2935))
10.C 2024-223 Communication(10/15/2024)from the County Engineer, requesting
Council approval to receive reimbursements from the Hawai`i Local
Technical Assistance Program (LTAP), for travel-related expenses
incurred as a result of attending various off-island training events
sponsored by the United States (U.S.) Department of
Transportation, Federal Highway Administration (FHWA), during
Fiscal Year 2025. Reimbursements are estimated to range between
$150.00 to $350.00 per person per travel day.
COUNCIL MEETING AGENDA 5 OCTOBER 23, 2024
11. C 2024-224 Communication (10/16/2024) from Council Chair Rapozo,
requesting Council approval to conduct Performance Audits on the
following:
1. Ag Dedication Process and Enforcement;
2. Solid Waste Operational Issues
a. Equipment Issues
b. Staffing;
3. Residential Building Permit Process (Administration's
initiative);
4. Funding for the Agency on Elderly Affairs
(Administration's initiative); and
5. Hiring Practices and Employee Retention
(Administration's initiative).
G. COMMITTEE REPORTS:
1. PARKS & RECREATION / TRANSPORTATION COMMITTEE:
a. CR-PRT 2024-05: on PRT 2024-05 Communication (08/05/2024) from Committee
Chair Bulosan, 'requesting the presence of
Alanna Bauman, Early Childhood Education
System Coordinator, Kaua`i Planning &
Action Alliance and Cheri Nakamura,
Program and Policy Officer, Hawai`i School
Facilities Authority, to provide a briefing
regarding the Ready Keiki initiative.
[Received for the Record.]
2. PLANNING COMMITTEE:
a. CR-PL 2024-05: on Bill No. 2933 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 (Kauai County Council,
Applicant) (ZA-2024-3 Planning Commission
Recommendation) [Approved as
Amended.]
COUNCIL MEETING AGENDA 6 OCTOBER 23, 2024
H. RESOLUTIONS:
1. Resolution No. 2024-25 — RESOLUTION AUTHORIZING THE
MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI 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 DESIGN AND
CONSTRUCTION OF BEST MANAGEMENT PRACTICE (BMP) IMPROVEMENTS
AT VARIOUS REFUSE TRANSFER STATIONS, PROJECT NO. C150059-25
2. Resolution No. 2024-26 — RESOLUTION URGING THE STATE
DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES TO
UNILATERALLY SURVEY A SHORELINE FOR THE PURPOSE OF
ESTABLISHING A BOUNDARY OF STATE LAND AT ANINI BEACH
3. Resolution No. 2024-27 — RESOLUTION SUPPORTING OPERATION
GREEN LIGHT FOR VETERANS
4. Resolution No. 2024-28 — RESOLUTION URGING THE PLANNING
DEPARTMENT TO EVALUATE AND PURSUE PUBLIC ACCESS EASEMENT
INTERESTS IN LANDS REQUIRED FOR PUBLIC USE
I. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2935) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2024-896, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2024 THROUGH JUNE 30, 2025, FOR THE PURPOSES
OF FUNDING EXPENDITURES CAUSED BY HEAVY RAINS AND SEVERE
FLOODING WHICH STARTED ON APRIL 11, 2024, BY REVISING THE AMOUNTS
ESTIMATED IN THE GENERAL FUND
J. BILL FOR SECOND READING:
1. Bill No. 2933, Draft 1 — 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 (Kaua`i County Council, Applicant) (ZA-2024-3 — Planning
Commission Recommendation) (See also CR-PL 2024-05; the Planning Committee
recommended approval as amended to Bill No. 2933, Draft 1 on October 16, 2024.)
COUNCIL MEETING AGENDA 7 OCTOBER 23, 2024
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.)
1. ES-1135 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.
2. ES-1136 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 Council with a briefing and request authority for a possible
settlement proposal in a claim filed by Kaua`i Island Utility
Cooperative (KIUC) 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.
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/Council/Public-Hearing-Notices-Minutes.
1. 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)
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Meeting Type County Council Meeting
This notice is intended to satisfy the notice rr•quirernent of Hawaii Revised Statutes(MRS)Section 92-7.
Time
08:30 AM•04.30^''
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Location ,f^
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Historic County Building.4396 Rice Street.Suite 201.lihue.96766 View Mat) -;CZ • "e
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