HomeMy WebLinkAbout11/27/2024 Notice and Agenda, Council Meeting KAUA`I COUNTY COUNCIL
MEETING NOTICE AND AGENDA
WEDNESDAY, NOVEMBER 27, 2024
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS, HISTORIC COUNTY BUILDING 74 NOV 21 P3 32
4396 RICE STREET, SUITE 201, LIHU`E, KAUAI, HAWAII 96766
MEETING INFORMATION:
• Oral Testimony: Accepted in-person at the Council Chambers. • '0°
• 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 27, 2024
D. MINUTES of the following meeting of the Council:
1. October 23, 2024 Council Meeting
E. INTERVIEWS:
1. SALARY COMMISSION:
• Stacie Naomi Chiba-Miguel— Partial term ending 12/31/2026
• Joshua Norio Kamishita Uvehara— Partial term ending 12/31/2026
• Wayne Kazuo Katavama —Term ending 12/31/2027
F. CONSENT CALENDAR:
1. C 2024-236 Communication (10/11/2024) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Nathan A. Wood (Building/Construction) to the Building Board
of Appeals — Partial term ending 12/31/2024. (See Resolution,
No. 2024-30)
2. C 2024-237 Communication (10/30/2024) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Bernadette Y.A. Akiona Arruda to the Salary Commission —
Partial term ending 12/31/2025. (See Resolution No. 2024-31)
3. C 2024-238 Communication (11/08/2024) from the Director of Finance,
transmitting for Council information, Periods 1 through 9
Financial Reports — Statement of Revenues, Statement of
Expenditures and Encumbrances, Revenue Report, and Detailed
Budget Report for the period of July 1, 2023 through
March 31, 2024, pursuant to Section 21 of Ordinance
No. B-2023-891, relating to the Operating Budget of the County
of Kaua`i for Fiscal Year 2023-2024. (Copies of the Periods 1
through 9 Financial Reports as of March 31, 2024 on file in the
Office of the County Clerk.)
COUNCIL MEETING AGENDA 3 NOVEMBER 27, 2024
4. C 2024-239 Communication (11/13/2024) from the Mayor, transmitting for
Council consideration and confirmation, the following Mayoral
reappointments to various Boards and Commissions for the
County of Kaua`i:
a. Board of Ethics
• Chantal Zarbaugh—Term ending 12/31/2027
• John Latkiewicz—Term ending 12/31/2027
b. Board of Water Supply
• Tom Shigemoto—Term ending 12/31/2027
c. Building Board of Appeals
• Julian M. John Melchor (Electrical) — Term
ending 12/31/2027
d. Charter Review Commission
• Jaclyn K. Kaina—Term ending 12/31/2027
e. Civil Service Commission
• Aimee Lorenzo — Term ending 12/31/2027
• Lauren O'Leary —Term ending 12/31/2027
• Shelley Konishi— Term ending 12/31/2027
f. Cost Control Commission
• Alice E. Luck — Term ending 12/31/2027
• Tyler R. Rodighiero —Term ending 12/31/2027
g. Kaua`i Historic Preservation Review Commission
• Carolyn R. Larson (History) — Term ending
12/31/2027
h. Liquor Control Commission
• Gerald S. Matsunaga— Term ending 12/31/2027
• Paul Endo —Term ending 12/31/2027
COUNCIL MEETING AGENDA 4 NOVEMBER 27, 2024
i. Fire Commission
• Rodney N. Yama — Term ending 12/31/2027
j. Police Commission
• Merrilee Mia Ako —Term ending 12/31/2027
• Lisa C. Knutson— Term ending 12/31/2027
• Laurie Yoshida —Term ending 12/31/2027
(See Resolution No. 2024-32, Resolution No. 2024-33,
Resolution No. 2024-34, Resolution No. 2024-35,
Resolution No. 2024-36, Resolution No. 2024-37,
Resolution No. 2024-38, Resolution No. 2024-39,
Resolution No. 2024-40, Resolution No. 2024-41,
Resolution No. 2024-42, Resolution No. 2024-43,
Resolution No. 2024-44, Resolution No. 2024-45,
Resolution No. 2024-46, Resolution No. 2024-47,
and Resolution No. 2024-48)
5. C 2024-240 Communication (11/14/2024) from Council Chair Rapozo,
transmitting for Council consideration and confirmation, the
following Council reappointments to various Boards and
Commissions for the County of Kaua`i:
a. Kaua`i Historic Preservation Review Commission
• Kathleen Kikuchi-Samonte (At-Large) — Term
ending 12/31/2027
b. Public Access, Open Space, Natural Resources
Preservation Fund Commission
• Manuel L. Cabral (Hanapepe — `Ele ele) — Term
ending 12/31/2027
(See Resolution No. 2024-49 and Resolution
No. 2024-50)
G. C 2024-241 Communication (11/15/2024) from the County Engineer,
transmitting for Council consideration, a Resolution Amending
Resolution No. 2022-44 And Resolution No. 2024-19, 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 `Ele`ele
Subdivision Collection System Rehabilitation, Project
No. C150050-12. (See Resolution No. 2024-51)
COUNCIL MEETING AGENDA 5 NOVEMBER 27, 2024
7. C 2024-242 Communication (11/21/2024) from Councilmember DeCosta,
transmitting for Council consideration, a Resolution Urging The
Mayor's Administration To Consider Adopting Legislation
Similar To That Of Maui County And The City And County Of
Honolulu Relating To `Aina Kupuna. (See Resolution
No. 2024-52)
G. COMMUNICATIONS:
1. C 2024-243 Communication (11/05/2024) from the Chief of Police and
Elliott K. Ke, Assistant Chief of Police, Police Operations Bureau,
requesting Council approval to purchase unbudgeted equipment
of an Axon Training Platform, at a cost of approximately
$314,136.00, which will increase the frequency and level of
training for Kaua`i Police Department (KPD) police officers to
improve performance, proficiency, and decision-making in use of
force encounters.
2. C 2024-244 Communication (11/07/2024) from Council Chair Rapozo,
requesting the presence of the Managing Director, Director of
Finance, and representatives from N&K CPAs, Inc., to discuss the
Annual Comprehensive Financial Report (ACFR), Single Audit
Reports, and Management Advisory Report for the Fiscal Year
Ended June 30, 2023. (Copies of the ACFR, Single Audit Reports,
and Management Advisory Report for the Fiscal Year Ended
June 30, 2023 on file in the Office of the County Clerk.)
3. C 2024-245 Communication (11/07/2024) from the Deputy Chief of Police and
Elliott K. Ke, Assistant Chief of Police, Police Operations Bureau,
requesting Council approval of the indemnification of the
standard of care provision contained in the Thales DIS USA, Inc.
Agreement for Professional Services, to be used to access the
Hawai`i Driver License System (HDLS) which captures
photographs, signatures, and fingerprints of State of Hawai`i
driver license and State identification card applicants.
COUNCIL MEETING AGENDA 6 NOVEMBER 27, 2024
4. C 2024-246 Communication (11/08/2024) from the Emergency Management
Administrator, requesting Council approval to receive and
expend recurring United States Department of Homeland
Security (DHS) grant funds, via the State of Hawai`i Department
of Law Enforcement — Hawai`i Emergency Management
Agency (HI-EMA), in the amount of $150,000.00 with a 50%
cost-match, for the Fiscal Year 2024 Emergency Management
Performance Grant, which will support an existing Kaua`i
Emergency Management Agency (KEMA) staff position
(Emergency Management Staff Specialist), which supports
day-to-day prevention, protection, mitigation, response, and
recovery activities, along with travel for"preparedness" trainings
and exercises that County of Kaua`i staff are offered to attend.
5. C 2024-247 Communication (11/11/2024) from the Emergency Management
Administrator, requesting Council approval of emergency vehicle
designations for two (2) new Kaua`i Emergency Management
Agency (KEMA) response vehicles to allow for installation and
use of siren and flashing lightbar equipment, pursuant to
Chapter 16, Kaua`i County Code, as amended.
6. C 2024-248 Communication (11/13/2024) from the County Engineer,
requesting Council approval to accept reimbursements from the
State of Hawai`i Department of Land and Natural
Resources (DLNR) for two (2) staff members from the
Department of Public Works (DPW) Engineering Division, in the
amount of up to $3,000.00, for airfare, hotel, ground
transportation, and per diem as a result of attending the Hawai`i
Floodplain Managers Conference, held in Honolulu from
November 7, 2024 to November 8, 2024, which increased
awareness about the National Flood Insurance Program (NFIP).
7. C 2024-249 Communication (11/14/2024) from the Planning Director,
requesting Council approval of the indemnification provisions
contained in two (2) software subscription services: 1) Spline; and
2)inCitu. Spline and inCitu are educational software subscription
services to supplement engagement efforts. Spline subscription
services cost $20.00 on a monthly basis. inCitu subscription
services cost $200.00 on a monthly basis.
8. C 2024-250 Communication (11/15/2024) from Darren Rose, Captain,
Investigative Services Bureau, requesting Council approval of the
indemnification provisions contained in the Magnet
Forensics, LLC, GrayKey Software Service Agreement, for
renewal of the GrayKey Software subscription to allow the Kaua`i
Police Department (KPD) to remain equipped with advanced
forensic tools that support KPD's commitment to effective and
timely criminal investigations.
COUNCIL MEETING AGENDA 7 NOVEMBER 27, 2024
H. LEGAL DOCUMENT:
1. C 2024-251 Communication (11/06/2024) from the Director of Economic
Development, recommending Council approval to enter into a
Partnership Agreement with the State of Hawai`i Office of
Planning and Sustainable Development (OPSD), to
collaboratively create an Economic Development District with the
counties of Hawai`i, Honolulu, and Maui which could lead to
funding opportunities from the United States (U.S.) Department
of Commerce Economic Development Administration (EDA).
• Hawai`i Regional Economic Stewardship and
Advancement Economic Development District
Partnership Agreement
I. COMMITTEE REPORT:
1. COMMITTEE OF THE WHOLE:
a. CR-COW 2024-24: on 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) [Approved]
J. RESOLUTIONS:
1. Resolution No. 2024-30 - RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Nathan A. Wood -
Building/Construction)
2. Resolution No. 2024-31 - RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE SALARY COMMISSION (Bernadette Y.A. Akiona Arruda)
3. Resolution No. 2024-32 - RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BOARD OF ETHICS (Chantal Zarbaugh)
4. Resolution No. 2024-33 - RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BOARD OF ETHICS (John Latkiewicz)
COUNCIL MEETING AGENDA 8 NOVEMBER 27, 2024
5. Resolution No. 2024-34 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BOARD OF WATER SUPPLY (Tom Shigemoto)
6. Resolution No. 2024-35 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BUILDING BOARD OF APPEALS (Julian M. John
Melchor—Electrical)
7. Resolution No. 2024-36 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CHARTER REVIEW COMMISSION (Jaclyn K. Kaina)
8. Resolution No. 2024-37 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Aimee Lorenzo)
9. Resolution No. 2024-38 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Lauren O'Leary)
10. Resolution No. 2024-39 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Shelley Konishi)
11. Resolution No. 2024-40 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE COST CONTROL COMMISSION (Alice E. Luck)
12. Resolution No. 2024-41 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE COST CONTROL COMMISSION(Tyler R. Rodighiero)
13. Resolution No. 2024-42 - RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW
COMMISSION (Carolyn R. Larson —History)
14. Resolution No. 2024-43 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Gerald S.
Matsunaga)
15. Resolution No. 2024-44 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Paul Endo)
COUNCIL MEETING AGENDA 9 NOVEMBER 27, 2024
16. Resolution No. 2024-45 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE FIRE COMMISSION (Rodney N. Yama)
17. Resolution No. 2024-46 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Merrilee Mia Ako)
18. Resolution No. 2024-47 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Lisa C. Knutson)
19. Resolution No. 2024-48 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Laurie Yoshida)
20. Resolution No. 2024-49 — RESOLUTION CONFIRMING COUNCIL
REAPPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW
COMMISSION (Kathleen Kikuchi-Samonte—At-Large)
21. Resolution No. 2024-50 — RESOLUTION CONFIRMING COUNCIL
REAPPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES PRESERVATION FUND COMMISSION (Manuel L. Cabral —
Hanapepe— `Eleele)
22. Resolution No. 2024-51 — RESOLUTION AMENDING RESOLUTION
NO. 2022-44 AND RESOLUTION NO. 2024-19, AUTHORIZING THE MAYOR OR
THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER INTO
AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII,
DEPARTMENT OF HEALTH FOR A LOAN FROM THE STATE WATER
POLLUTION CONTROL REVOLVING FUND.FOR THE `ELE`ELE SUBDIVISION
COLLECTION SYSTEM REHABILITATION, PROJECT NO. C150050-12
23. Resolution No. 2024-52 — RESOLUTION URGING THE MAYOR'S
ADMINISTRATION TO CONSIDER ADOPTING LEGISLATION SIMILAR TO
THAT OF MAUI COUNTY AND THE CITY AND COUNTY OF HONOLULU
RELATING TO 'AINA KIJPUNA
COUNCIL MEETING AGENDA 10 NOVEMBER 27, 2024
K. BILL FOR SECOND READING:
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 HAWAI`I, 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) (See also CR-COW 2024-24;
the Committee of the Whole recommended approval on second and final reading.)
L. EXECUTIVE SESSION: Pursuant to Hawai`i 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-1138 Pursuant to Hawai`i Revised Statutes 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 in the litigation entitled Dayne Greene
and Neina Greene v. County of Kaua`i Housing Agency, et al.,
Civil No. 24-00239 JAO-KJM. 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.
M. ADJOURNMENT.
N. 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/CouncillPublic-Hearing-Notices-Minutes.
1. 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
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Mc etng Date 'iwemser 2/.2024 •- ,
Meeting Type County Council Meeting
This notice is intended to satisfy the notice rcouirement of Hawaii Revised Statutes(HRS)Section 92 7
Time
08 30 AM-04 30 PM Add to Calendar c- N5
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Histonc County Building.4396 Rice Street.Suite 201.Lihue.96766 View Map C. _/,i i N..)
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