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Home My WebLink About11/13/2024 Notice and Agenda, Council Meeting KAUA`I COUNTY COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, NOVEMBER 13, 2024 '24 WV -7 A11 :55 8:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS, HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201, LIHU`E, KAUAI, HAWAII 96766 r. 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 NOVEMBER 13, 2024 D. MINUTES of the following meetings of the Council: 1. October 9, 2024 Public Hearing re: Bill No. 2933 (Deferred October 23, 2024) 2. October 9, 2024 Council Meeting 3. October 23, 2024 Public Hearing re: Bill No. 2934 E. INTERVIEWS: 1. BUILDING BOARD OF APPEALS: • Nathan A. Wood (Building/Construction) - Partial term ending 12/31/2024 2. SALARY COMMISSION: • Bernadette Y.A. Akiona Arruda- Partial term ending 12/31/2025 F. CONSENT CALENDAR: 1. C 2024-225 Communication (10/30/2024) from Nahelani Parsons, Hawai`i State Association of Counties (HSAC) Executive Director, transmitting for the Kaua`i County Council's consideration, the following proposals to be included in the 2025 HSAC Legislative Package, which were approved by the HSAC Executive Committee on October 17, 2024: • A Bill For An Act Relating To Deferred Retirement for Police (County of Maui) • A Bill For An Act Relating to Housing(County of Hawaii) • A Bill For An Act Relating to Cesspools (County of Hawai`i) • A Bill For An Act Relating to the Environment (County of Hawaii) • A Bill For An Act Relating to the Regulation of Tobacco Products (County of Hawaii) • A Bill For An Act Relating to Conveyance Tax (County of Hawaii) • A Bill For An Act Relating to General Excise Tax (County of Hawai`i) (See Resolution No. 20 - f-es 2029-260 COUNCIL MEETING AGENDA 3 NOVEMBER 13, 2024 G. COMMUNICATIONS: 1. C 2024-226 Communication (10/14/2024) from the Director of Human Resources, requesting Council approval to dispose of various records, pursuant to Hawai`i 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 and Official Personnel Folders kept for at least thirty (30) years after termination of employment. (List of various records to be disposed of on file in the Office of the County Clerk.) 2. C 2024-227 Communication (10/21/2024) from Ka`aina S. Hull, Clerk of the Planning Commission, transmitting the Planning Commission's recommendation to amend Zoning Amendment ZA 2024-1 relating to Zoning Designations in Wailua, Kaua`i that would amend Zoning Map ZM-WA 500 (Wailua) Chapter 8, Kaua`i County Code 1987, as amended, relating to Zoning designation in Wailua, Kaua`i (County of Kauai Planning Department, Applicant). (Copies of the Draft Ordinance for Zoning Amendment (ZA-2024-1); Planning Commission's Agenda dated June 4, 2024 and September 10, 2024; Director's Report dated May 20, 2024; Supplement #1 to the Director's Report dated August 29, 2024;and Agency Comments, on file in the Office of the County Clerk.) (See Proposed Draft Bill (No. 2936)) 3. C 2024-228 Communication (10/21/2024) from Ka`aina S. Hull, Clerk of the Planning Commission, transmitting the Planning Commission's recommendation to amend Zoning Amendment ZA 2024-2 relating to Zoning Designations in Hanapepe, Kaua`i that would amend Zoning Map ZM-H200 (Hanapepe) Chapter 8, Kauai County Code 1987, as amended, relating to Zoning designation in Hanapepe, Kaua`i (County of Kauai Planning Department, Applicant). (Copies of the Draft Ordinance for Zoning Amendment (ZA-2024-2); Planning Commission's Agenda dated June 4, 2024 and September 10, 2024; Director's Report dated May 20, 2024; Supplement #1 to the Director's Report dated August 29, 2024; and Agency Comments, on file in the Office of the County Clerk.) (See Proposed Draft Bill (No. 2937)) COUNCIL MEETING AGENDA 4 NOVEMBER 13, 2024 4. C 2024-229 Communication (10/28/2024) from Makana A. Rivera, Acting Assistant Chief, Support Services Bureau, requesting Council approval of the indemnification provision in the Callyo CAPE Drone Software License Agreement, to allow the Kaua`i Police Department (KPD) Incident Management Team to stream live drone footage to a multitude of devices, allowing for real-time situational awareness of an incident. 5. C 2024-230 Communication (10/28/2024) from the Deputy Chief of Police and Elliott K. Ke, Assistant Chief of Police, Police Operations Bureau, requesting Council approval to enter into a Cost Reimbursement Agreement with the Federal Bureau of Investigation (FBI) for reimbursement of overtime incurred by the Kaua`i Police Department officers assigned to the Violent Crime Task Force, formalized under a Memorandum of Understanding (192-HN-C3016411-MOU). 6. C 2024-231 Communication (10/29/2024) from the Director of Parks & Recreation, requesting Council approval to purchase unbudgeted equipment consisting of two (2) pick-up trucks, each in the amount of $65,000.00, to replace vehicles deemed unrepairable by the Automotive Division due to extensive rust on the truck frames; and one (1) automated athletic field liner in the anticipated amount of$35,000.00, to assist with lining athletic fields. 7. C 2024-232 Communication (10/29/2024) from the Fire Chief, transmitting for Council consideration, A Bill For An Ordinance Amending Chapter 15A, Kaua`i County Code 1987, As Amended, Relating To The Kaua`i County Fire Code, to maintain up-to-date fire safety standards throughout Kaua`i. (See Proposed Draft Bill (No. 2938)) 8. C 2024-233 Communication (10/29/2024) from the Director of Finance, requesting Council approval to accept the terms of indemnification contained in the OpenAl Business Agreement for the use of OpenAl free services. 9. C 2024-234 Communication (10/30/2024) from Council Chair Rapozo, requesting the presence of the Housing Director, to provide a briefing regarding the status of the Waimea 400 Affordable Housing Project. COUNCIL MEETING AGENDA 5 NOVEMBER 13, 2024 10.C 2024-235 Communication (10/31/2024) from the Mayor, 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, By Revising The Amounts Estimated In The General Fund, Highway Fund, G.E. Tax Fund, Solid Waste Fund, Sewer Fund, and Golf Fund. (See Proposed Draft Bill (No. 2939)) H. RESOLUTION: 1. Resolution No. 2024-29 — RESOLUTION APPROVING PROPOSALS FOR INCLUSION IN THE 2025 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE I. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2936) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ZONING DESIGNATIONS IN WAILUA, KAUAI (County of Kauai Planning Department, Applicant) (ZA-2024-1) 2. Proposed Draft Bill (No. 2937) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ZONING DESIGNATIONS IN HANAPEPE, KAUAI (County of Kauai Planning Department, Applicant) (ZA-2024-2) 3. Proposed Draft Bill (No. 2938) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 15A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE KAUAI COUNTY FIRE CODE 4. Proposed Draft Bill (No. 2939) — 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, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND, HIGHWAY FUND, G.E. TAX FUND, SOLID WASTE FUND, SEWER FUND, AND GOLF FUND COUNCIL MEETING AGENDA 6 NOVEMBER 13, 2024 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.) 1. ES-1137 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 the Council with a briefing and request authority for a possible settlement proposal in a claim filed by Gregory T. Dominique 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. K. ADJOURNMENT. RESIDENTS GOVERNMENT BUSINESS VISITORS PRESS RELEASES • Search _ r-/\�J E D NOV -7 All :56 OF Jh ` Y CLERK ui%tY OF KAUA I Home I Government / County Council / Council Meeting Agenda Council Meeting Agenda Mcetmg Date November 13.2024 Meeting Type County Council Meeting This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(FIRS)Section 92 7 Time 08:30 AM-04:30 PM Add to Calendar Location r,•.c(Cu'.0.r4C 13^6 R,, Suet;Suite 201.Lihue.96766 View Mag Related Information •v November 13.2024 Council Meeting_