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Home My WebLink About12/18/2024 Notice and Agenda, Council MeetingKAUA‘I COUNTY COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, DECEMBER 18, 2024 8:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS, HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201, LĪHU‘E, KAUA‘I, HAWAI‘I 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, Līhu‘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 DECEMBER 18, 2024 D. MINUTES of the following meetings of the Council: 1. November 13, 2024 Council Meeting 2. November 27, 2024 Council Meeting 3. November 27, 2024 Public Hearing re: Bill No. 2935 4. December 2, 2024 Inaugural Meeting E. INTERVIEWS: 1. SALARY COMMISSION: • Paul Gerard Toner – Term ending 12/31/2027 • Nancy Ann Kanna – Partial term ending 12/31/2026 2. BUILDING BOARD OF APPEALS: • Francis Ka‘awa (At-Large) – Partial term ending 12/31/2025 F. CONSENT CALENDAR: 1. C 2025-02 Communication (11/04/2024) from the Mayor, transmitting for Council consideration and confirmation, the appointment of Stacie Naomi Chiba-Miguel to the Salary Commission – Partial term ending 12/31/2026. (See Resolution No. 2025-04) 2. C 2025-03 Communication (11/04/2024) from the Mayor, transmitting for Council consideration and confirmation, the appointment of Wayne Kazuo Katayama to the Salary Commission – Term ending 12/31/2027. (See Resolution No. 2025-05) 3. C 2025-04 Communication (11/06/2024) from the Mayor, transmitting for Council consideration and confirmation, the appointment of Joshua Norio Kamishita Uyehara to the Salary Commission – Partial term ending 12/31/2026. (See Resolution No. 2025-06) COUNCIL MEETING AGENDA 3 DECEMBER 18, 2024 4. C 2025-05 Communication (11/18/2024) from the Director of Finance, transmitting for Council information, Periods 10 through 12 Financial Reports – Statement of Revenues, Statement of Expenditures and Encumbrances, Revenue Report, and Detailed Budget Report for the period of April 1, 2023 through June 30, 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 10 through 12 Financial Reports as of June 30, 2024 on file in the Office of the County Clerk.) 5. C 2025-06 Communication (11/21/2024) 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 Wailua Sewer Collection System Inspection, Project No. C150055-13. (See Resolution No. 2025-07) 6. C 2025-07 Communication (12/04/2024) from Councilmember Carvalho, transmitting for Council consideration, a Resolution Nominating Arryl Kaneshiro As A Director On The Western Interstate Region Board, pursuant to Section 5C of the Bylaws of the Hawai‘i State Association of Counties, Inc. (See Resolution No. 2025-08) 7. C 2025-08 Communication (12/04/2024) from Council Chair Rapozo, transmitting for Council consideration, a Resolution Appointing Bernard P. Carvalho, Jr. As Representative And Felicia Cowden As The Alternate To The Executive Committee Of The Hawai‘i State Association Of Counties, pursuant to Section 5 of the Bylaws of the Hawai‘i State Association of Counties, Inc. (See Resolution No. 2025-09) 8. C 2025-09 Communication (12/10/2024) from Council Chair Rapozo, transmitting for Council consideration, a Resolution Approving A State Bill Relating To The Sunshine Law For Inclusion In The 2025 County Of Kaua‘i Legislative Package. (See Resolution No. 2025-10) COUNCIL MEETING AGENDA 4 DECEMBER 18, 2024 G. COMMUNICATIONS: 1. 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. (Deferred November 27, 2024) 2. C 2025-10 Communication (11/19/2024) from the Director of Human Resources, requesting Council approval of the indemnification provisions contained in the Department of Education Application for Use of School Buildings, Facilities, or Grounds, including but not limited to: Kapa‘a Elementary School, King Kaumuali‘i Elementary School, Elsie H. Wilcox Elementary School, Chiefess Kamakahelei Middle School, Kaua‘i High School, Kapa‘a High School, and Waimea High School, for recruitment testing/examination purposes in calendar years 2025 and 2026. 3. C 2025-11 Communication (11/20/2024) from the Fire Chief, requesting Council approval to purchase non-budgeted equipment of one (1) Type V Fire Engine from Account No. 001-1102-566.89-02 in the amount of $500,000.00, to enhance the Kaua‘i Fire Department’s (KFD’s) capabilities in responding to wildfire mitigation efforts and marks the third phase of KFD’s strategic initiative to replace all eight (8) Brush Trucks stationed at County of Kaua‘i Fire Stations. 4. C 2025-12 Communication (11/20/2024) from the Fire Chief, requesting Council approval to purchase non-budgeted equipment of one (1) Emergency Backup Generator from Account No. 001-1102-566.89-02 in the amount of $60,000.00, which will replace the outdated, non-serviceable unit currently in use, ensuring reliable emergency power for the Līhu‘e Fire Station. 5. C 2025-13 Communication (11/21/2024) from the County Engineer, requesting Council approval to receive and expend United States Environmental Protection Agency (EPA) grant funds, for the Wailua Sewer Collection System Inspection project in the amount of $1,500,000.00, with a $300,000.00 County Match, funded through a Department of Health (DOH) loan from the State Water Pollution Control Revolving Fund, commonly referred to as the State Revolving Fund (SRF). COUNCIL MEETING AGENDA 5 DECEMBER 18, 2024 6. C 2025-14 Communication (12/06/2024) from the Director of Finance, transmitting for Council consideration, A Bill For An Ordinance Amending Chapter 5A, Kaua‘i County Code 1987, As Amended, Relating To Real Property Tax, which provides for the Director of Finance’s settlement and compromise powers under Chapter 5A in a single section, clarifies the authority of the Director of Finance to compromise disputes pertaining to waiving, whether partially or fully, disputes concerning the amount of taxes owed where no appeal has been filed, and clarifies that the Director of Finance may settle, without Council approval, real property tax appeals. (See Proposed Draft Bill (No. 2940)) 7. C 2025-15 Communication (12/06/2024) from the Director of Finance, requesting Council approval of the indemnification provisions contained in the Variphy Software End User License Agreement (EULA) and Stand Alone Terms, which provides Unified Communications tools such as call analytics, team management, call volume reporting, data retention, and reporting solutions for Cisco, Webex, Zoom, and Microsoft Teams. 8. C 2025-16 Communication (12/06/2024) from the Director of Parks & Recreation, 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. (List of various records to be disposed of on file in the Office of the County Clerk.) H. CLAIM: 1. C 2025-17 Communication (12/04/2024) from the County Clerk, transmitting a claim filed against the County of Kaua‘i by Reni Pereira, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kaua‘i. COUNCIL MEETING AGENDA 6 DECEMBER 18, 2024 I. COMMITTEE REPORT: 1. COMMITTEE OF THE WHOLE: a. CR-COW 2025-01: on 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 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 [Approved.] J. RESOLUTIONS: 1. Resolution No. 2025-04 – RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE SALARY COMMISSION (Stacie Naomi Chiba-Miguel) 2. Resolution No. 2025-05 – RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE SALARY COMMISSION (Wayne Kazuo Katayama) 3. Resolution No. 2025-06 – RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE SALARY COMMISSION (Joshua Norio Kamishita Uyehara) 4. Resolution No. 2025-07 – 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 WAILUA SEWER COLLECTION SYSTEM INSPECTION, PROJECT NO. C150055-13 5. Resolution No. 2025-08 – RESOLUTION NOMINATING ARRYL KANESHIRO AS A DIRECTOR ON THE WESTERN INTERSTATE REGION BOARD COUNCIL MEETING AGENDA 7 DECEMBER 18, 2024 6. Resolution No. 2025-09 – RESOLUTION APPOINTING BERNARD P. CARVALHO, JR. AS REPRESENTATIVE AND FELICIA COWDEN AS THE ALTERNATE TO THE EXECUTIVE COMMITTEE OF THE HAWAI‘I STATE ASSOCIATION OF COUNTIES 7. Resolution No. 2025-10 – RESOLUTION APPROVING A STATE BILL RELATING TO THE SUNSHINE LAW FOR INCLUSION IN THE 2025 COUNTY OF KAUA‘I LEGISLATIVE PACKAGE K. BILL FOR FIRST READING: 1. Proposed Draft Bill (No. 2940) – A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA‘I COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (Settlement and Compromise Powers) L. BILL FOR SECOND READING: 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 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 also CR-COW 2025-01; the Committee of the Whole recommended approval on second and final reading.) M. 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-1139 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 in the litigation entitled County of Kaua‘i vs. Pete E. Apor and Rosario J. Apor, Trustees of the Vichez and Tiong Trust dated June 10, 2008, et al., Civil No. 5CCV-21-000046. 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. N. ADJOURNMENT. COUNCIL MEETING AGENDA 8 DECEMBER 18, 2024 O.PUBLIC HEARING: The Council will convene a public hearing on the following item(s) on thismeeting date at approximately 8:30 a.m., or soon thereafter, and will convene or reconvene theCouncil 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 thebulletin board, filed in the Office of the County Clerk, and is available athttps://www.kauai.gov/Government/Council/Public-Hearing-Notices-Minutes. 1.Bill No. 2936 – A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUA‘ICOUNTY CODE 1987, AS AMENDED, RELATING TO ZONING DESIGNATIONS INWAILUA, KAUA‘I (County of Kaua‘i Planning Department, Applicant) (ZA-2024-1) 2.Bill No. 2937 – A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUA‘ICOUNTY CODE 1987, AS AMENDED, RELATING TO ZONING DESIGNATIONS INHANAPĒPĒ, KAUA‘I (County of Kaua‘i Planning Department, Applicant) (ZA-2024-2) 3.Bill No. 2938 – A BILL FOR AN ORDINANCE AMENDING CHAPTER 15A, KAUA‘ICOUNTY CODE 1987, AS AMENDED, RELATING TO THE KAUA‘I COUNTY FIRECODE 4.Bill No. 2939 – A BILL FOR AN ORDINANCE AMENDING ORDINANCENO. B-2024-896, AS AMENDED, RELATING TO THE OPERATING BUDGET OFTHE COUNTY OF KAUA‘I, STATE OF HAWAI‘I, FOR THE FISCAL YEARJULY 1, 2024 THROUGH JUNE 30, 2025, BY REVISING THE AMOUNTSESTIMATED IN THE GENERAL FUND, HIGHWAY FUND, G.E. TAX FUND,SOLID WASTE FUND, SEWER FUND, AND GOLF FUND