COUNCIL MEETING November 13, 2024 The Council Meeting of the Council oft the County of Kauai was called to order by Council Chair Rapozo at the Council Chambers, 4396 Rice Street, Suite 201, Lihu'e, Kauai, on Wednesday, November 13, 2024, at 8:40 a.m., after which the following Members answered the call ofthe roll: Honorable Addison Bulosan Honorable Bernard P. Carvalho, Jr. Honorable Felicia Cowden Honorable Bill DeCosta Honorable KipuKai Kualii Honorable Mel Rapozo Honorable Ross Kagawa (Excused at 9:38a.m.) (Note: No one from the public provided oral testimony via the Zoom remote technology platform on any agenda item.) APPROVAL OF AGENDA. Councilmember Kualii moved for approval of the agenda, as circulated, seconded by Councilmember DeCosta. Council Chair Rapozo: Is there any discussion or public testimony? There being no public testimony, the meeting proceeded as follows: The motion for approval of the agenda, as circulated, was then put, and unanimously carried. Council Chair Rapozo: The motion is carried. Next item, please. MINUTES of the following meetings of the Council: October 9, 2024 Public Hearing re: Bill No. 2933 October 9, 2024 Council Meeting October 23, 2024 Public Hearing re: Bill No. 2934 Councilmember Kualii moved to approve the Minutes, as circulated, seconded by Councilmember DeCosta. Council Chair Rapozo: Is there any discussion or public testimony? There being no public testimony, the meeting proceeded as follows: COUNCIL MEETING 2 NOVEMBER 13, 2024 The motion to approve the Minutes, as circulated, was then put, and unanimously carried. Council Chair Rapozo: Motion carries. Clerk, our next item, please. INTERVIEWS: BUILDING BOARD OF APPEALS: Nathan A. Wood bulding/contricton, - Partial term ending 12/31/2024 There being no objections, the rules were suspended: ELLEN CHING, Boards & Commissions Administrator: Good morning. Ellen Ching, Boards & Commissions Administrator. Today, I am pleased to introduce Nathan Wood. Nathan is the Principle Responsible Managing Employee (RME) and owner of Nathan Wood General Contractor and Renewable Energy Technologies. Nathan was born and raised in Kapa'a and graduated at the top ofh his class at Kapa'a High School. While attending college through the University of] Hawaii (UH) system, some ofh his courses were in the trades program at Kaua'i Community College (KCC). During college, Nathan was recruited to work in the then-budding high technology industry by a large Silicon Valley technology firm who was building facilities for the Department of] Defense here on Kauai. It was not long before this son ofar residential spec builder, worked on securing his own general contractor's license. While working in the high-tech field, a large portion of the projects were energy management and advanced electrical systems. During this time, Nathan became a journeyman electrician and honed his skills in electrical systems and energy management. With the slowdown oftechnology and defense work here on Kaua'i, Nathan shifted hisi focus tot the emerging solar photovoltaic (PV) industry armed with a general contractor's license and electrical experience. It was not long before he was licensed as a solar power systems contractor and eventually earned an electrical contractor's license, which has served Nathan and his clients well. Over the years, he has earned a stellar reputation for the highest quality workmanship for his company's PV work, as well as that of a general contractor. Having a fully vertically integrated company allows Nathan to complete solar PV jobs from start to finish completely in-house without relying on subcontractors. This has allowed him to provide a high-level of service, always delivering on what he promises for his clients. While Nathan works all the time, he also enjoys fishing, diving, helping his son at surf competitions, and just spending time with family whenever possible. With his many years of professional work and all of the demands on his time, I truly appreciate his willingness to volunteer and share his technical knowledge and experience with the Building Board of Appeals. Council Chair Rapozo: Mr. Wood: Thank you. Mr. Wood. Good morning. COUNCIL MEETING 3 NOVEMBER 13, 2024 Council Chair Rapozo: Mr. Wood: Do you have any statements? We have your No, I appreciate you folks having me this Are there any questions? Councilmember I am sure that you are aware of what the application and we are happy to have you here. Do you have any comments? morning, andIa am happy to answer any questions you may have. Council Chair Rapozo: Councilmember Cowden: Cowden. Building Board of Appeals is. I feel confident with you in that role, but just for the sake of the people watching, what is your understanding of what you are going tol be doing on the Building Board of Appeals? Mr. Wood: As far as my interest in the Building Board of Appeals, I think it is primarily bringing in the technological background that II have to evaluating new building products. As the industry changes and new products and technologies come out, I think it is important to help evaluate those and how those interact with the Code. If feell I would be a good part of that when either a consumer or the Building Division needs a resource to help make a decision. Councilmember Cowden: deseription ofwhat they do? Ms. Ching: It helps us, the laypeople that are in office, to have a voice from industry, to help us understand it. Would that be a pretty good The Building Board of Appeals would hear an appeal by any individual on the decision of the Building Division. Councilmember Cowden: Ms. Ching: construction, etcetera. Okay. Iti is stipulated that the Board have various community members and volunteers in various disciplines like electrical, plumbing, Councilmember Cowden: We have known each other, actually, the Council Chair, Councilmember Carvalho, me, and you were all in the very first year ofLeadership Kauafiand thatisv where Ifirst got to know you. Ialways paid attention to what you have been doing, and you do an excellent job. I think you are a really good choice for this. Council Chair Rapozo: We all got older, and he never did. Good question, Councilmember Cowden. The reality is, technology changes quicker than the Code changes. Our Building Code does not get updated regularly, sO as technologies change, as practices change, that may not be in compliance with the Code, the contractor has an opportunity to appeal and go before this Board, and then the Board will determine whether or not that new practice or new technology is safe, etcetera. This is a Board that has not been in place for a while, sO we are restarting the Board, we are happy to have you here. Are there any further questions for Mr. Wood? Councilmember DeCosta. COUNCIL MEETING our lifeguards? Mr. Wood: 4 NOVEMBER 13, 2024 Councilmember DeCosta: Are you the person who donated the tower for Yes, and then for the Kealia Fire Station, we Iremember that. Thank you for that. Iserved put some solar energy there to help the lifeguards. Councilmember DeCosta: named Travis Wood. Is that a relative? as a teacher at Kapa'a High School for two and a half (2.5) years and Ihad a student Mr. Wood: That is my son. Councilmember DeCosta: Ido not know much about you, but ifIhad to measure you by the product of your child, excellence to you. He was one of the best students thatIhad. Mr. Wood: Iappreciate that. Councilmember DeCosta: If you show me a good student, you show me ag good parent, not always the other way around, but thank you for that. Mr. Wood: Iappreciate it. Council Chair Rapozo: Mr. Wood: Are there any further questions for Mr. Wood? Thank you very much. Have a good day. You too. The next interview is a nomination Ifnot, thank you very much. Quite painless. Council Chair Rapozo: for the Salary Commission. SALARY COMMISSION: Bernadette Y.A. Akiona Arruda - Partial term ending 12/31/2025 Ms. Ching: Ellen Ching, Boards and Commissions Administrator. I am happy to introduce Bernadette Akiona Arruda. Most of us know her as Berna. Berna was born and raised on O'ahu in Kaneohe and attended Castle High School. Upon graduation, she continued her education at the UH at Manoa and earned a Bachelor's Degree in Human Development with Social Work. She then jumped into the working world as a teller at a downtown bank, the First Federal Savings and Loan. As luck would have it, First Federal Savings and Loan decided to open a branch on Kauaiin Lihu'e, and there was an opening, and the rest is history. Berna married and settled on Kaua'i to raise her three (3) children. After her initial position at the bank, Berna worked in various positions as an Office Manager at Kauai Auto Center before it became King Auto Center; Kuhio Motors as the Warranties Manager; and after Hurricane Iniki, moved to Cybertel which became Ameritech, then Cingular, and then AT&T. In 2004, she decided to change careers and went back to school to become a licensed massage therapist. In 2008, she became COUNCIL MEETING 5 NOVEMBER 13, 2024 an instructor at KCC. While it may have appeared unusual to change from an administrative profession to a healthcare one, for Berna it really was more in alignment with who she is. Berna is always busy helping or taking care of someone. She is also the proud parent of three (3) and grandparent or tutu of five (5): four (4) boys and one (1) girl, all attending Kamehameha Schools, with two (2); just recently graduated. With what little free time she has, she spends it on her anthuriums and orchids. She enjoys traveling, and her favorite trip wasa a drive down the Pacific Coast Highway from Washington to California with her husband of the last eighteen (18) years, Larry Arruda, sampling the sights, sounds, and foods of the small coastal towns. Her favorite food is pastele stew, sO if anyone is willing to share, she would love to buy some from you. With the breadth and depth of her professional and community work, Ia appreciate her Willingness to share her time and mândo with the Salary Commission. Council Chair Rapozo: Mrs. Akiona Arruda: Council Chair Rapozo: Mrs. Akiona Arruda: Council Chair Rapozo: questions for Berna? Councilmember Cowden: Thank you. Welcome. Thank you. Thank you for agreeing to volunteer and serve. Do you have any comments before we open it up for questions? No. We have your application. Are there any Ithink it is always good for the listeners to understand what the Salary Commission is about. The top two (2) positions pretty much are appointed positions, have you followed any of this, we. have a big issue with salary inversion? Mrs. Akiona Arruda: Councilmember Cowden: Actually, I am here to learn. Okay, alright. Well, there is a lot tol learn, but it sounds like you have quite a bit of administrative background, sO you have managed people... Mrs. Akiona Arruda: Councilmember Cowden: As well as salaries. As well as salaries. You have the Human Resources (HR) background and salaries. Ithink some ofthe challenges with salaries, especially the inversion, are pretty straightforward, but you will find it is very unexpected what the challenges you face in this position. Thank you. Council Chair Rapozo: Councilmember Kualii: Thank you. Are there any further questions for Berna? Just a quick one. COUNCIL MEETING 6 Go ahead. NOVEMBER 13, 2024 Council Chair Rapozo: Councilmember Kualii: been your favorite course to teach? Mrs. Akiona Arruda: Councilmember Kualii: Mrs. Akiona Arruda: Councilmember Kualii: Mrs. Akiona Arruda: Council Chair Rapozo: Ms. Ching: Council Chair Rapozo: Mrs. Akiona Arruda: Council Chair Rapozo: You had sixteen (16) years at KCC. What has Massage. Yes. Thank you. Do you teach massage therapy? Ialso work with staff there. Awesome. Are there any further questions? Ellen, I am assuming that there will be Salary Commission Resolution coming over? That is correct. Alright. Thank you. Thank you. With that, can Ihave the next item, please? JADE K. FOUNTAIN-TANIGAWA, County Clerk: The next item is on the Consent Calendar, C 2024-225. There is a member of the public who would like to speak on an item. CONSENT CALENDAR: C2024-225 Communication (10/30/2024) from Nahelani Parsons, HawaiiState Association of Counties (HSAC) Executive Director, transmitting for the Kauai 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 A Bill For. An Act Relating to Housing (County of Hawait) A Bill For An Act Relating to Cesspools (County of Hawait) A Bill For. An Act Relating to the Environment (County of Hawait) A Bill For An Act Relating to the Regulation of' Tobacco Products ABill For An Act Relating to Conveyance Tax (County of Hawait) A Bill For An Act Relating to General Excise Tax (County of (County of Maui) (County of Hawait) Hawait) COUNCIL MEETING 7 NOVEMBER 13, 2024 Councilmember Kualii moved to receive C 2024-225 for the record, seconded by Councilmember DeCosta. Council Chair Rapozo: HOWARD LESLIE: With that, I will suspend the rules. There being no objections, the rules were suspended to take public testimony. speaking. just as a citizen of the County, not representing any affliations or groups thatIam with. There is an item on the Consent Calendar, C 2024-225, A Bill For An Act Relating To Deferred Retirement for Police. Ihave a lot ofl hands-on experience with this type of program, and I can tell you from experience, this is a gamechanger in a police department. This is a type of program that will assist us in retention of our most experienced people with historical knowledge. It will help with recruitment, because it is a huge benefit, and it helps individuals that are serving the community stay in our community after they. leave the department and enjoy the benefits ofwhat they have done for twenty-five (25) to thirty (30) years. Ic cannot over emphasize how a program like this can help us on the police department. Ihave read it once, but it may even help us with salary inversion down the road, sO please...this is one ofthose things thatIreally want to put as: much emphasis on that can really help us: improve. Thank you. My name is Howard Leslie. I am Thank you. Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Can Iask a clarifying question? Clarifying? Yes. This does have to do with the volunteer role that you have in here, but we were, just talking about salary inversion. Did you take ac close look at this, because it seems like it really...when I read it, that is what it addressed. What do you see that it is addressing when you say it will help them in the community, ifit was for anything other than that? me how it could help the salary inversion... Councilmember Cowden: Mr. Leslie: IfI understand your question, you are asking Why does it matter for anything other than Oh, no. It matters because it is a benefit that that? Mr. Leslie: will help us recruit people. It matters because it keeps people from leaving and retiring. They join this program, and we can have them for up to ten (10) more years; our most experienced people that we do not want to lose. Right now, the department is down twenty-eight (28) to thirty-two (32) bodies, and that is a huge number of people not to have out there helping people. Ifwe can keep people from retiring, that is one (1) less person that we have to hire. Council Chair Rapozo: t think you answered the question. We appreciate yourinput. Thank you. The Resolution will come up later and we willl have Councilmember Carvalho share on that, but is there anyone else wishing to testify? COUNCIL MEETING 8 NOVEMBER 13, 2024 There being no further testimony, the meeting was called back to order, and The motion toi receive C2024-225 for the record was then put, and unanimously proceeded as follows: carried. Council Chair Rapozo: COMMUNICATIONS Motion carried. Next item, please. C2024-226 Communication (10/14/2024) from the Director of Human Resources, requesting Council approval to dispose of various records, pursuant to Hawaii 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. Councilmember Kualii moved to approve C 2024-226, seconded by Councilmember Cowden. Council Chair Rapozo: Councilmember Cowden: Is there any discussion or public testimony?. Do you have a question? No. Ihave a little discussion. There being no public testimony, the meeting proceeded as follows: Councilmember Cowden: Iusually do noti react very supportively tot these "getting rid of the records," but Ilooked at the detail and they really are elements that Ifeel are finished and over with, soIfeel comfortable with it. Thirty (30) years is a long time, but even seven (7): years, it seems like they are very basic elements. Council Chair Rapozo: Yes, for the public's information, the majority ofthese documents are prior to 2016 and, in fact, the personnel files are files from prior to 1993, sO it is not anything that is of significant value to the County. Is there any further discussion? The motion to approve C2024-226 was then put, and unanimously carried. Council Chair Rapozo: C2024-227 The motion is carried. Next item, please. 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, Kauai that would amend Zoning Map ZM-WA 500 (Wailua) Chapter 8, Kauai County Code 1987, as amended, relating to Zoning designation in Wailua, Kauai( (County of Kauai Planning Department, Applicant). COUNCIL MEETING 9 NOVEMBER 13, 2024 Councilmember Kualii moved to receive C2024-227 for the record, seconded by Councilmember DeCosta. Council Chair Rapozo: This will come up later. We have two (2) Zoning Amendments (ZAs). Iti is weird that we have ZAs here on the Council, so Ka'aina, ifyou can come up, please. If you can do the overview here, then you do not have to stay for the Bill. We can get you out ofhere. There being no objections, the rules were suspended. KA'AINA S. HULL, Planning Director: Good morning, Council Chair, and Members of the County Council. Ka'aina Hull, on behalfofthe Planning Department, joined with our Open Space Planner Shelea Koga. Thank you for taking the time to review these ZAs. When the Administration first started, I asked staff about three (3), four (4), or five (5) years ago, to take a look at various zoning code requirements, regulations, and standards, and look at areas where there were barriers to entry, particularly for local housing or housing that generally had local families in it. We sent as slew in the beginning of the Administration and sent them up to Council, about forty (40) amendments in the first three (3) years, looking at making more efficient setback standards, height standards and sO forth. This is one (1) of the "tail end" that Shelea approached us with, saying that this is not currently a barrier the way that we interpret it, but it could serve as a barrier in the future and so, both these ZAs are looking at reducing potential review time for dwelling units and Additional Dwelling Units (ADUs) in the Wailua and Hanapepe areas. I will turn it over to Shelea to give a primer on what exactly the ZAis. SHELEA KOGA, Open Space Planner: Good morning, Shelea Koga for the Planning Department. Basically, ZA-2024-1 covers the Wailua area near the park in Wailua Houselots. If you look at the map where the Special Treatment - Public Facilities (ST-P) overlay is, it is over the residential parcels. The ST-P overlay is generally for County- or State-owned facilities or things for the public, and sO the intended purpose ofthe ST-P is conflicting with the residential zoning right now. The ST-P overlay makes the property owners come in for a Use Permit for anything that they propose. Say that you want to build a fence, and your zoning for density is R-4/ST-P. The Planning Department would have to trigger what is essentially a Use Permit, which goes through the Planning Commission, and instead ofa normal review, which is over-the-encounter that the Planning Department could just do in a day for properties that are not zoned as ST-P, it would probably take them months to get through the Planning Commission and cost them more. The Use Permit costs a little over one thousand dollars ($1,000), while a normal permit would cost about thirty dollars ($30), sO we. are proposing to remove the ST-P overlay offt these parcels and leave the R-4 zoning designation. Then, they would be like the neighbors who do not have the ST-P overlay, and they would have the same rights as them. Council Chair Rapozo: tol begin with? Mr. Hull: Do we. know why we put the ST-Poverlay there No. COUNCIL MEETING 10 NOVEMBER 13, 2024 Council Chair Rapozo: Ms. Koga: That portion is already developed, homes are We did a bunch of research and there was already there. No one knows why we didi it? nothing clear that states why we put the ST-Pc overlay, but we can assume from looking at the previous ST-P, it looks like it was supposed to be over the park. However, the park did not have the ST-P overlay and it looks like they could have intended to expand thej park and thati is why that ST-P overlay is over thatarea.. As we know, the residential neighborhood surrounding the park is all built out. Ultimately, they would not be able to expand the park because all the parcels are built out with residential homes. Council Chair Rapozo: Councilmember Cowden: Councilmember Cowden. "Special Treatment - Public Facility," just to clarify that acronym that no one might understand. Thisi is likea al housekeeping measure to take it off. If this was an open field, that would mean maybe we would put a neighborhood center or something right there, but these already have had housing for al long time, SO when it goes to R-4, which is residential four (4) units per acre-that is whati iti is already, sO we are just taking off the old element. Mr. Hull: To correct that, I would say that it is a little more than a housekeeping measure in that I think that previous Administrations or directives did notreally gointot the ST-Poverlay requrements as we. have had tol become more robust in our analysis on all Code requirements. There is a clear requirement in this overlay that any three-dimensional (3D) alteration of land or structure in this overlay requires a Use Permit, a public hearing, and Planning Commission review and action. Like Shelea pointed out, it could be a fence, a shed, or a single-family dwelling, which could necessitate a Use Permit in Hanapèpe Heights. Ifiti is the zoning overlay, itcould trigger a "full-blown" public hearing. Council Chair Rapozo: they require that entire process? For this one in Wailua Houselots, let us say that someone wants to put up an ADU or Additional Residential Unit (ARU), would Mr. Hull: Technically, it could be viewed in that light. In my analysis oft that situation, because Idoi not think that it is appropriate to apply that, Ihave made an interpretation that a single-family structure within a residential neighborhood isi in keeping with the form and character oft the structure, and therefore, is not a substantial 3D alteration of the environment. It is sort of "laying it out there." To speak somewhat candidly, iti is bit "out on a limb, butIam willing to: make that call SO that when someone comes in for a shed or single-family dwelling, they are not subject toa "full-blown" public hearing, but in order for us to not to go all the way "out on that limb," - the overlay would need to be removed. Council Chair Rapozo: Councilmember Cowden: buildings have ST-P overlays? Are there any other questions? Would this building and other government COUNCIL MEETING Mr. Hull: 11 NOVEMBER 13, 2024 Yes, the Civic Center, this building, and across the street, all have ST-P overlay zoning, and rightfully SO. Councilmember Cowden: Rightfully SO. Mr. Hull: Government properties should be held to a higher standard when we are looking at changing and altering the landscape. We should be held to a public hearing, whereas a "mom and pop" residential landowner in Wailua, perhaps not. Councilmember Kualii: Being that we discovered this and that we are addressing it, have we looked across the island to see ifthere are other examples that may need tol be addressed in the same way? Ms. Koga: The other islands, or...Just across our island? Councilmember Kualii: Ms. Koga: in Hanapêpe Heights. entire island? Mr. Hull: Ourisland. On the next one that you will hear, ZA-2024-2, itis the same thing. It will be removing the ST-P overlay, but instead ofin Wailua, itis Councilmember Kualii: Are there others? Have you looked across the There are a couple that we are still reviewing whether or not they are appropriate. Looking at the ST-P overlay, ifthere was a reason- say the Council at the time established that overlay, we will recognize that, but those that seem nebulous and more like a barrier than anything else, there are about two (2) or three (3) more in the hopper." Councilmember Kualii: Whatever your criteria is, will you apply it elsewhere in case it needs the same sort ofcorrection? Mr. Hull: Correct. Councilmember Kualii: Council Chair Rapozo: Thank you. Thank you, Council Chair. Do you think that there is any possibility of finding the original documents that would dictate why this was even placed there? I would agree thatit was probably an expansion ofaj park prior to the homes being built. Itis probably that more than a mistake. I am just curious to know why. Ms. Koga: Idid a lot of research while writing the report and could not find anything. The map when the ST-P overlay was drawn was back in or before 1972. Ithink it was sometime around then. Council Chair Rapozo: That was not that long ago. COUNCIL MEETING Ms. Koga: records get a little cloudy. 12 NOVEMBER 13, 2024 No, that was not that long ago, but our older Councilmember Cowden: Ms. Koga: Did you say 1972? That was when the map was drawn. (Councilmember Bulosan was noted as not present.) Mr. Hull: That is the other part of this. Ifyou had a ZA like this, we could look at the history ofwhy these lands were drawn. These lands were drawn at the adoption of the Comprehensive Zoning Ordinance (CZO) and all zoning regulations, sO there is nothing within that adoption that points or signals to... Council Chair Rapozo: Councilmember Cowden: Council Chair Rapozo: Itwas probably just an expansion of the park. Canl Ia ask one (1) question for the next one? Not for the next one. We cannot. Are there any Goa ahead. other questions on this ZA?Ifnot, is there anyone in the audience wishing to testify? There being no public testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: just the communication. Is there any further discussion? Again, this is The motion to receive C 2024-227 for the record was then put, and unanimously carried. (Pursuant to Rule No. 5(b)of the Rules of the Council of the County of Kauai, Councilmember Bulosan was noted as silent (not present), but shall be C2024-228 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 Hanapepé, Kaua'i that would amend Zoning Map ZM-H200 (Hanapépe) Chapter 8, Kauai County Code 1987, as amended, relating to Zoning designation in Hanapêpe, Kauai recorded as an affirmative for the motion). (County of Kauai Planning Department, Applicant). Councilmember Kualii moved to receive C 2024-228 for the record, seconded by Councilmember Cowden. Council Chair Rapozo: With that, Iwill suspend the rules. We already know whatitis. Go ahead, Councilmember Cowden. There being no objections, the rules were suspended. COUNCIL MEETING 13 NOVEMBER 13, 2024 Councilmember Cowden: thati is also already built out in houses. Iwas just looking at Hanapepe Heights and (Councilmember Bulosan was noted as present.) Councilmember Cowden: Do you think or is there any indication that at one point maybe they wanted to stick some sort of neighborhood facility in there or something? Why would they put that righti in the middle? Was that also drawn in 1972? That looks new. Was that built in 1972? Ido not know that off the top ofmy head. Councilmember Cowden: Ms. Koga: Mr. Hull: Ican get back to you, Councilmember Cowden. Most ofit looks newer than that. Yes. We are assuming, based on itl being drawn on the map, that they might have been thinking that the park could have been moved there or of an expansion of the park, because it all basically surrounds the park. back then there were houses up there or not. You would have been little. Councilmember Cowden: Councilmember Kagawa: Councilmember Cowden: Councilmember Kagawa might remember if Ithink it was in the planning stages. So, it was not built? We can research that. Iwas just curious. Mr. Hull: Councilmember Cowden: Council Chair Rapozo: Councilmember Kualii: Go ahead, Councilmember Kualii. Being that we have lost the ability for the expansion oft the park because iti is no longer that and that is why you are making that change. As the State Department of Hawaiian Homelands (DHHL) is adding more homes there, immediately adjacent, part of the same neighborhood, have you worked with DHHL to potentially get more parks for the entire area? Mr. Hull: We are in discussion with DHHL as they look at expanding both the agricultural (ag) lot component as well as their smaller lot components, and there are park discussions within the area. We have not seen any final plans for that. Councilmember Kualii: Council Chair Rapozo: Ifyou need any help with that, Iwill help. Are there any other questions for the Planning Department? Ifnot, is there anyone in the audience wishing to testify? COUNCIL MEETING 14 NOVEMBER 13, 2024 There being no public testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: You folks are fine; you do not have to come back for the Bills. The motion to receive C2024-228 for the record was then put, and unanimously carried. Council Chair Rapozo: The motion is carried. Next item, please. C2024-229 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 Kauai 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. Councilmember Kualii moved to approve C 2024-229, seconded by Councilmember Cowden. Council Chair Rapozo: Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Is there any discussion or publictestimony? Do you have a question? Ihave a minor discussion. Discussion or question? Iguess I could frame it as a question. There being no objections, the rules were suspended: LANCEI. OKASAKI, JR., District Commander: Lance Okasaki, Kauai Police Department (KPD), on behalfof Assistant ChiefMakana Rivera. Councilmember Cowden: This is an indemnification provision. We already have the software, and we already have this capability, sO we are asking for indemnification. Are we currently allowing for real-time situational awareness of an incident? Mr. Okasaki: are. looking for another. Iti is per license. We currently have one (1). We Okay. The police officers will be able to see That is correct. This will allow us to... Have more than one (1). Councilmember Cowden: what is going on while it is goingon. Mr. Okasaki: Councilmember Cowden: COUNCIL MEETING Mr. Okasaki: 15 NOVEMBER 13, 2024 ..stream one (1), an additional viewpoint. And SO, will officers who are in pursuit of Yes. If we send them the link. Whoever has Councilmember Cowden: Mr. Okasaki: whatever the situation may be, see it on their computer in their car? access can log on and they will be able to see whatever that drone sees. Councilmember Cowden: Council Chair Rapozo: Okay, thank you. Thank you. Are there any further questions?If not, thank you. Is there anyone in the audience wishing to testify? There being no public testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Councilmember Cowden: Is there any discussion? Iam happy to see this. I know when It talk to my son who is in a new police department, what they do is when there is a 9-1-1 call, and iti is a violent situation, those drones go up right as the police officers are initiated, and sO they can see what is going on right as it is going on. Ifthey are chasing someone in an armed robbery or something like that, they know exactly where they go. It can be a little creepy, except that it is effective, and the good news is, if there 1S a violent situation, it gets handled effectively and with greater safety towards the officers and community. Council Chair Rapozo: discussion? Seeing none. Yes. It is a great tool. Is there any further The motion to approve C2024-229 was then put, and unanimously carried. Council Chair Rapozo: The motion is carried. Next item, please. C2024-230 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 Kauai Police Department officers assigned to the Violent Crime Task Force, formalized under a Memorandum ofUnderstanding 12HN-COIGAI.NOUA Councilmember Kualii moved to approve C 2024-230, seconded by Councilmember Cowden. Council Chair Rapozo: Councilmember Cowden: Is there any discussion or public testimony? Ihave one (1) simple question. There being no objections, the rules were suspended: COUNCIL MEETING 16 NOVEMBER 13, 2024 Councilmember Cowden: Thank you. This is another good way for us to stretch our dollars further. Is this recurring or isi it a new relationship? ELLIOTT K. KE, Assistant Chief: up with the Federal Bureau ofInvestigation. Good morning, Council. Kalani Ke, Kauai Police Department. It is a new task force that we are: in the process of standing Councilmember Cowden: Okay, sO the Violent Crime Task Force, is that going to be mostly people from within KPD or will it be people from outside? Counctlmember Carvalho was noted as not present.) Mr. Ke: KPD is a participating agency with the FBI and that partnership allows the FBI to have resources which usually are KPD detectives assigned to work with the FBI ifthey have cases that involve violent crimes. Councilmember Cowden: Okay, sO it is, again, just strengthening our capacity? Mr. Ke: Yes. Councilmember Cowden: And it is new. Okay, thank you for your new effort. Mr. Ke: You are welcome. Council Chair Rapozo: Thank you. Are there further questions? Is there anyone in the audience wishing to testify? There being no public testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there any further discussion? The motion to approve C 2024-230 was then put, and unanimously carried. (Pursuant to Rule No. 5(b) of the Rules of the Council of the County of Kauat, Councilmember Carvalho was noted as silent (not present), but shall be recorded as an affirmative for the motion). Council Chair Rapozo: The motion is carried. Next item, please. C2024-231 Communication (10/29/2024) from the Director of Parks & Recreation, requesting Council approval toj 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. COUNCIL MEETING 17 NOVEMBER 13, 2024 Councilmember Kualii moved to approve C 2024-231, seconded by Councilmember DeCosta. (Councilmember Carvalho was noted as present.) Council Chair Rapozo: Pat, can you provide the Council with an overview? Let me just say that we approved a lot of equipment across this County in the last budget. Iam not sure. how longit will take for these vehicles to get here. Letme just ask, are we getting all the equipment that we asked for in the budget? Are weon track to get those pieces ofequipment this year? There being no objections, the rules were suspended: PATRICK' T. PORTER, Director of Parks & Recreation: Pat Porter, Director of] Parks & Recreation. First, the larger bulk orders for the equipment that is usually through the budget cycle go through the Department of Public Works (DPW), Automotive Division. They do their big Invitation for Proposals (IFPs) that include all the vehicles and equipment into large purchases, big bulk orders. This one is a little different than that order. Those are: in process through DPW, and then this one, we will be handling these under the Department of Parks & Recreation, SO that is a separate procurement process. Council Chair Rapozo: Mr. Porter: Council Chair Rapozo: Mr. Porter: What is your anticipated time for delivery of These particular ones or the bulk? these trucks? There is a reason for my questioning. These. These have not been ordered. These will go through the Department of Parks & Recreation and we will put out the IFPs ourself, through this one. I think it should be a couple months or sO, if we do it "one-offs" like this, rather than the bulk order. Council Chair Rapozo: Mr. Porter: Council Chair Rapozo: Mr. Porter: Council Chair Rapozo: Mr. Porter: procurement. Yes. Itis the large bulk orders that take a while. We waited over a year for ours, that is why I asked. I was curious ifyou had a secret that we do not know about-couple months? Yes. Okay. I do not know who is handling your COUNCIL MEETING 18 NOVEMBER 13, 2024 Council Chair Rapozo: now, are they doing it manually? Mr. Porter: Council Chair Rapozo: Hanapepe field is amazing. And then the automated lining machine-right Yes. They do a great job, Imust say.Iwas up at the field this weekend and the lines were...I thought, "Who does that" and the lines are actually straight; straighter than the lines we see on the highway. By the way, the Councilmember Carvalho: Council Chair Rapozo: punch in the coordinates? Mr. Porter: Awesome. Can you explain how that works? Do you just Government usually lags behind on technology, sO we thought this would be an opportunity for us to get on par with the current technology. Currently, we have the walk-behind field liners that are actually manual, it takes a body to do it. This one has an automated Global Positioning System (GPS), it comes with a tablet, prestored coordinates for every sport, and then you can modify itj per area. Basically,you preprogram iton your tablet, set the unit out, press go, and it goes. Council Chair Rapozo: Mr. Porter: Awesome. We want to try it. We reached out, we did some homework on it. The big benefit is thati it is consistent. You are always going to get the same lines in the same place. Iti is down to a quarter-inch variable, thati is the error on it, soiti is pretty right on. It will free time up for the park caretakers to do other grounds work while the lining is going on. We also found out that since iti is all automated, there are cost savings on the paint, because the spray is always consistent. When you have a body doing it, it depends on how fast you are walking and how often they are spraying while they are walking, sO it can vary that way. On the mainland, there are lots of schools and other parks departments who found cost-savings in using this. We figure to give it a try andIactually think from the homework we did, iti is a good tool. Council Chair Rapozo: Councilmember Cowden: Those trucks have rusted out, is that right? Okay. Thank you. Councilmember Cowden. Thank you for responding to my questions. These trucks are not going tol be for brand new Mr. Porter: trucks, this request is to replace two (2) existing trucks that we had that just recently the Automotive Shop took them offline, saying that they were too dangerous. Back in July was when we received the first notification that the trucks' frames were rusted out and getting dangerous. In October, the Auto Shop sent an email and contacted us saying, "We need to take these offline," that they were too dangerous. It was right after that when we submitted this request. COUNCIL MEETING 19 NOVEMBER 13, 2024 Councilmember Cowden: Okay. I appreciate that you are not asking for a money bill or anything, you are pulling it from some other place that is not affecting the budget. Itis just that when Is saw this early in our budget year, Iwas surprised that we had not anticipated this change. Mr. Porter: Yes. Ithink the Auto Shop was. hoping we could stretch it out another year, but when it went back in October, they told us to take it offline. Councilmember Cowden: Mr. Porter: What types of trucks are they? Full-size trucks. Councilmember Cowden: Council Chair Rapozo: Full-size trucks and we do not have to paint Are there any further questions? If not, thank them green; we are, just going to put a sticker on the side. Okay, thank you. you. Is there anyone in the audience wishing to testify? There being no public testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Members, is there any final discussion? The motion to approve C2024-231 was then put, and unanimously carried. Council Chair Rapozo: The motion is carried. Next item, please. C2024-232 Communication (10/29/2024) from the Fire Chief, transmitting for Council consideration, ABill ForAn Ordinance Amending Chapter 15A, Kauai County Code 1987, As Amended, Relating To The Kauai County Fire Code, to maintain up-to-date fire safety standards throughout Kauai. Councilmember Kualii moved to receive C 2024-232 for the record, seconded by Councilmember Cowden. Council Chair Rapozo: Thisi is the Communication for the Bill that will be coming up. later. Is the Kauai Fire Department (KFD) here? Do you want to come up now, sowe can get you out ofl here as well? Can you start with the process of] how this all worked with the State Fire Code? It: is sort oflike the Building Code. There being no objections, the rules were suspended: Council Chair Rapozo: JUSTIN A. "KAEO" KINOSHITA: Kaeo Kinoshita, Prevention Fire Captain, Kauai Fire Department. Chief Gibson is in interviews all day, sO thank you for having me. Quick summary of this process, our Kauai Amended Codes is a small tool within a big toolbox that we have. National Fire Protection Agency (NFPA) publishes a new edition every three (3) years. We are in a publication year, which is 2024. From when they publish their edition, the State has two (2) years to adopt and COUNCIL MEETING 20 NOVEMBER 13, 2024 make changes to the Fire Code. All the Prevention Chiefs statewide getintoar room and make State-specific amendments. From there, we. have two (2)years from thatadoption date to make County-specific amendments. Itis usually a four-year lag, just like the Building Code. Again, our amended Code is a small tool in a toolbox. The NFPA Code has seven hundred (700) pages; our State amendments have about thirty (30) pages; and I think our Kauai Code amendments has eighteen (18) pages. Within our Kauai County Amendments, we do things over the year that we basically do every day: our processes, our relationships with different organizations, and things we learn throughout the years to make it specific to our island. Councilmember Cowden: Ithought, too, that these were significant, but these are influenced probably by having fires across the country and in the State. Were you able to get that image that I was hoping to see relevant to the plants, because in the section of the clearance of the brush, It think that is significant for our community. Were you able to get that picture? Mr. Kinoshita: Ido, Ihave it. Iwas going to bring it up during You were going to bring it up next time? the Committee Meeting, but I can send it over to you, as well. Councilmember Cowden: Mr. Kinoshita: Councilmember Cowden: Yes. Okay, we will look ati itr next time, sO people can be aware ofhow we handle plants near structures. Ithink thati it isi important for people to be aware of, that it can be a significant change. I sent a question over to the Department ofWater (DOW). Hopefully, they can give the answer to me in writing. Can you speak a little about the fire flow protection thati is on page 16ofour amendment?: If Iam understanding it correctly, raising the amount of gallons per minute relevant to hydrant spacing...am I understanding that correctly?Iknow that it is a little bit more directed to DOW, but this is a big change, right? Mr. Kinoshita: As farasl hydrant spacing, thatis/ DOW'sworld. For us, as the Fire Department (KFD), we think ofit as the distance from the hydrant for us to use with a fire engine responding to a fire. Usually, that "side oft the house"i is the DOW, the hydrant spacing to the street is for the DOW. The practical use of a hydrant in case ofa an emergency, sO the distance, is for the KFD. Councilmember Cowden: We just passed a Bill about adding housing that-I see that this is impacting that, sO that is something we can talk about more in depth during the Committee Meeting. Iwill see ifI can have the DOW send someone. Thank you, sir. Is there anyone in the audience wishing to testify? Again, the Bill will come up later. The public hearing will be scheduled for December 18, 2024, and the Committee Meeting after that, SO we will have a lot oft time to have discussion. Council Chair Rapozo: Are there any further questions for the KFD? There being no public testimony, the meeting was called back to order, and proceeded as follows: COUNCIL MEETING pass the first reading? 21 NOVEMBER 13, 2024 Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: So, when we have it later today, we can just We will send it to a public hearing. Iwant to make a comment, sO that we are all very clear onit. With the addition ofhow plants are placed near buildings, it seems that it could have significant impact, SO while we are in this first reading, this is an opportunity before it goes to a public hearing for the people to have an awareness ofit. The other thing is the spacing oft the hydrants. I am hoping thatIcan see a variance; I can try tol look for the variance, but whenI Iam asking the DOW, ifits such that someone needs to build a new house, they put in an effort to get these guest houses, ifall ofa sudden that someone wants a guest house, but we are not in alignment with the variance of the hydrants, if that will then become a reason to say, "no.Iam curious if our hydrant spacing is somewhat close to this or not. Itis a big deal. We are putting all this effort in, because even ifit is a new building without a guest house, if there 1S a house on a piece of property that is yet to be developed, I am just curious if that will become a barrier. Council Chair Rapozo: Well, it will. The property owner will have to come into compliance by either putting up a water tank or getting a secondary source ofwater. Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Which can be very significant. Iunderstand. If we are looking at neighborhoods, like a couple that we were just talking about-Hanapepe Heights or Wailua Houselots-both seem like normal neighborhoods to me. If there is an empty lot that has yet to have a house, I would like us to have an awareness if this adaptation is going to suddenly become prohibitive ofa house. Council Chair Rapozo: Again, I think that our approval is to become compliant with the State Fire Code, and water issues are for DOW. This is specifically for KFD. The KFD: is not going to: issue a variance for safety. Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Is or is not? Ido not believe SO. Idor not believe SO. When Iwas looking through this, Ifelt that this was potentially a significant change, so hopefully, in the Committee Meeting we can narrow that down. We might not have a choice, but at least to be able toinform people, especially when housing is in such a crisis. Wel have to plan on putting in new pipes, because if we do not put in new pipes, then the one (1) person who is adding the seventh (7th) house on that street certainly cannot afford to make all that change, soIwould like to know. COUNCIL MEETING be DOW's kuleana. 22 NOVEMBER 13, 2024 Council Chair Rapozo: Councilmember Cowden: butI did not give them enough notice. Council Chair Rapozo: Again, that is not KFD's kuleana, that would Thati is right. Idid try to see. ifthey could come, Is there any further discussion? The motion to receive C 2024-232 for the record was then put, and unanimously carried. Council Chair Rapozo: The motion is carried. Next item, please. C2024-233 Communication (10/29/2024) from the Director of Finance, requesting Council approval to accept the terms of indemnification contained in the OpenAI Business Agreement for the use of OpenAI free services. Councilmember Kualii moved to approve C 2024-233, seconded by Councilmember Carvalho. Council Chair Rapozo: Councilmember Kualii: Councilmember Cowden: Del or Department of Finance, who will come up? Chelsie. Iam excited to see that you: folks are doing this, though I get nervous about Artificial Intelligence (AI), and the National Association of Counties (NACo) has identified that as our most pressing issue tol be on top of, thatitis utilized to our benefit and it can have problems. It can be both, SO iti is exciting. Where and how are you seeing this implemented in the County? There being no objections, the rules were suspended: CHELSIE A. SAKAI, Director of Finance: Chelsie Sakai, Director of Finance. We are not entering into any new agreements with the company. This is for the indemnification terms that come with using the free service that people arej probably already using. We: already have a meeting set up: for Friday, November 15, 20241 tos speak with the department heads about AI, what it does, how it gathers its information, cautions about how to use: it, and the sorts of things that it can do. Councilmember Cowden: I did see, just the indemnification. Maybe sometime in the future, we will have you back for a briefing on how we look for different safeguards, because it is easy to play with it and see where it can give you different information on the layering ofquestions that one asks. As we move intoit, Iwould want to ensure that we do not bypass this possibility, but also, do not get lazy, and get the wrong answers. We can do a briefing on that later. of Chat Generative Pre-Trained Transformer (ChatGPT)? Council Chair Rapozo: Is there anyintention to: move to thej paid plans COUNCIL MEETING Ms. Sakai: 23 NOVEMBER 13, 2024 ThatIwill defer to Del. Council Chair Rapozo: The only reason that I ask is because the free version utilizes older information and the paid version uses current information. I do not need to know what you folks will use it for, but at some point, is there an intention to move toward a paid plan? DELSHERMAN, Information Technology Manager: I think with with ChatGPT specifically, there are some very low-cost paid plans that will give you access tot the more updated search engines or GPTs. I suspect that once thisi indemnification is cleared, there may be some departments that may want to make use of those in some limited way. Typically, those plans cost less than one thousand dollars ($1,000) annually, but with ChatGPT, I see very limited deployment of that. In our case, the greater likelihood for. AI for the County would be with Microsoft Copilot services, which have a much tighter integration into things such as Microsoft Teams, Outlook, Word, and Excel, to give a productivity boost. So, Copilot is the more likely direction that we will go. Council Chair Rapozo: BRUCE HART: Are there any further questions? If not, thank Forthe record, Bruce Hart. Idonot know ifany you. Is there anyone in the audience wishing to testify? Mr. Hart. of you have noticed, but whenever I ask a question on Google, AI answers. They are actually offering online findings. Toa certain point, they are: replacing paralegals in law firms with AI. If you go on YouTube, you can watch a robot pick blueberries. I understand Councilmember Cowden's concern. Ifyou really think about it, we are all concerned. It think thati in the future, AI can be a big help, especially for things that are routine and do not: require any intelligence beyond filling out forms and whatever, but you can also see a science fiction future where it is scary because they want these AIs tot teach our children, do almost everything. I do not think that it is good for humanity or the human mind. I do not really want Google or anyone else to take over whatI am supposed to think or how I am supposed to question, but I smile aboutit, because I will go up against any AI, any day. Council Chair Rapozo: Is there anyone else in the audience wishing to testify? There being no further testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Is there any further discussion? The motion to approve C2 2024-233 was then put, and unanimously carried. Council Chair Rapozo: The motion is carried. Next item, please. C2024-234 Communication (10/30/2024) from Council Chair Rapozo, requesting the presence of the Housing Director, to provide a briefing regarding the status ofthe Waimea 400. Affordable Housing Project. COUNCIL MEETING 24 NOVEMBER 13, 2024 Councimember Kagawa was noted as not present.) Councilmember Kualii moved to receive C2 2024-234 for the record, seconded by Councilmember Carvalho. Council Chair Rapozo: Just for everyone'si information, Iasked for this briefing because the Housing Agency is doing a community meeting out on the Westside. Adam will talk about that, and thanks to our wonderful Sunshine Law, only two (2) Councilmembers can attend, legally. That is ridiculous. We will effectively be prohibited from attending ift there are more than two (2) of us here. I wanted a broad overview of the direction that the Housing Agency is heading and to also promote the public meeting that is coming up in a couple of weeks. Adam, thanks for being here. There being no objections, the rules were suspended: ADAM P. ROVERSI, Director of Housing: Aloha, Council Chair. Thank you. Adam Roversi, Director of the Kauai County Housing Agency. Council Chair, as you mentioned, we have our second (2md)community meeting for the Waimea 400A Affordable Housing Project scheduled for next week Thursday, November 21, 2024 from 5:30 p.m. to 7:30 p.m. at the Waimea Middle School cafeteria. A press release went out in late October and banners are going up on the Westside as we speak. I think we. just got our permits today or within the last couple of days. This is our second series of meetings. Our first meeting was back in early last year. It has taken a little longer than we have liked to schedule the next community meeting. Iwill explain why that is the case. The map that is showing on the screen is the initial conceptual master plan that was developed by PBR Hawaii & Associates, Inc. for the Planning Commission as part of the Master Plan for the entire 400-acre parcel that the County acquired back in 2020. (Councilmember Kualit was noted as not present.) Mr. Roversi: Ifyou refer to this map, the area that is in the northeast corner, in green-yellowish color, is the area that was designated in the initial Master Plan broadly for housing. There is also an allowance in the Master Plan to potentially expand the housing area slightly to the west. It is roughly between thirty (30) and forty (40) acres, depending on how you cut the map. Broadly speaking, our current effort is to come up with a detailed community plan and implement that plan for the area that you see in the northeast portion of the map. It is important to know that in parallel with what the Housing Agency is doing for this specific housing Master Plan, DPW is also in parallel with us, working on an Environmental Impact Statement (EIS) and planning process for the entire property. We are both dependent on each other's projects and studies to provide information back and forth. The broad outline of the Housing Agency's goal-as in our Lima Ola Project-to come up with a conceptual plan for that section of the property, go through the process of having it redistricted and rezoned with the 201H application. It will come to the County Council for approval. That will include all the items that are in a typical environmental review, flora and fauna studies, historical, cultural surveys, traffic studies, marketing studies, preliminary engineering, and preliminary subdivision mapping. Right now, we are working towards accomplishing all that, but the first and perhaps the most important COUNCIL MEETING 25 NOVEMBER 13, 2024 part ofit all, is to be sure that we secure all the community's feedback, sO that the final concept plan coming up is reflective upon the desires oft the community. (Councilmember Kualit was noted as present.) Mr. Roversi: Quick note on some of the resources that have put towards this project. We received a four hundred twenty-five thousand dollar ($425,000) transit and development planning grant from the State. We also received one million four thousand dollars ($1,400,000) in Federal Congressionally in directed spending for final engineering and construction drawings. Those funds will be expanded once the concept plan is done; they will be the detailed construction plans on how we accomplish that. Additionally, we. have puti in just under six hundred thousand dollars ($600,000) in County housing development funds to this project, SO far. For the Housing Agency's portion of this work, PBR Hawaii & Associates, Inc. who developed PBR this plan thatyou are seeing, are continuing to work with us. This map and a good view of more information is available on the project's website, which is eaiOhouangon. So far, the work that has been completed in the Housing Agency's portion, we. had ourinitial kick-offcommunity meeting, and that was prefaced by an online survey that was running for a couple of months. We had almost five hundred (500) folks from the community respond to that community survey about their desires for this area. The initial community survey was geared to gather demographic information, mostly on folks from the Waimea and wider community out to Kekaha. We focused most of our outreach on the Westside, sO that we would get input from those folks. The details of all the surveys that I am referring to can be found by clicking on these. I will not go through that because there are pages and pages of survey information, but there isal loto ofgood information, andIencourage both the Council and members of the public to review these surveys. At the upcoming community meeting next week, we will begin by reviewing all the information that has been gathered so far then moving onto the next steps. In addition to the initial online survey, we did an in-person workshop, where we focused mostly on housing preference, feedback from the community on desires for multi-family versus single-family housing, aesthetic looks, and architectural styles ofhomes. Additional work that has been done-we completed a wetlands delineation survey through the United States Army Corps of Engineers (USACE) for a portion of the property that is designated for housing; completed an existing baseline traffic counts and noise measurements; a preliminary existing infrastructure studies to understand connection points of capacities for water, wastewater, electric, etcetera; and a draft market housing study. In the upcoming community meeting, we will be presenting all the information that has been gathered so far and we will be presenting some draft concept plans for that northeast portion of thej property, then we will lay out some differentoptions ofroadway layouts, lotl layouts, and housing styles for the primary purpose of getting community feedback on those plans. The intentis not "pick one (1) ofthe three (3) plans," but to simply use those plans as discussion points, mixing and matching the elements ofand use that the community likes or does not, and that will be geared towards yet another community meeting down the road where we gather all the feedback from that and come back to the community with what we call a "draft final plan" for more community input and discussion. Most importantly,just: to note some ofthe work DPW is also doing on the larger property and the work that has been completed under a separate contract-they have completed a phase 1, EIS hydrogeology study of water flows, geotechnical soil studies, baseline COUNCIL MEETING 26 NOVEMBER 13, 2024 topographic mapping, and a biological survey. I think of those things as sort of the baseline studies that need to be done for any project area regardless of the specific details of the projects. We have to understand what exists now, then once we put together this conceptual master plan, the next level of studies are designed to discuss and understand the impacts ofyour proposed actions. Future studies that the DPW will be completing, which will be integral to the Housing Agency's project as well, are an archeological cultural impact assessment, a more detailed topographic mapping, engineering assessment, a project-wide wetland delineation study, and additional community engagement about the remainders of the property outside of the housing area. DPW: is also engaged in a project-wide EIS, which will include the housing portion of the property as well. If any members of the Council can attend, Iencourage you to come to the community meeting next week, and I appreciate the opportunity to help spread the word to the community, and Iencourage everyone to check out the project area website. There is a good deal ofinformation on there and also an opportunity to sign up or register your email address, sO that you receive all future notifications and information about the project. Again, that is: aabouaingon I would also encourage everyone to check out the survey: results. It has a lot of good information that we received from the Westside community. With that, I would be happy to answer any questions. Council Chair Rapozo: Councilmember DeCosta: Councilmember DeCosta. Iam planning on going to that meeting, thatis my hometown. You mentioned Federal funding again, and I think that I have made it evident that when we develop these communities, we often leave out the middle-class and target low-income and affordable. I am really worried that this is going to be one (1) more housing development for affordable and low-income, and we are going to miss that middle-class target. With that being said, that tax Resolution that Council passed here, with a 5:2 vote, we put in that money toward infrastructure, which is County money, not Federal. Is there a possibility that we can develop the Waimea 400 Affordable Housing Project with County money and not use Federal money, that way we are not tied to put in low-income housing? We tend to miss the market on middle-class housing. When are going to do a development called middle-class housing"? Mr. Roversi: Thank you, Councilmember. We are already Butyou are tyinginl low-income and affordable, Well, iti is a community for everyone. Lunderstand. When are we going to build a doing a development for middle-class housing, sO thati is what is happening at Lima Ola. Councilmember DeCosta: Mr. Roversi: all within the middle-class housing. Am Icorrect? Councilmember DeCosta: community for middle-class housing, like what we have at Puakea and across Costco? When is the County going to focus on that? The middle-class is part of our people, too, notjust the low-income or affordable. COUNCIL MEETING Mr. Roversi: 27 NOVEMBER 13, 2024 At all the County's current housing projects, So, will you have middle-class housing there for Lima Ola, Waimea 400, and Kilauea, we are building housing for all ofour community. the Average Median Income (AMI) that is over one hundred fifty thousand Councilmember DeCosta: dollars ($150,000)? Mr. Roversi: The Housing Agency's directive in our statute is broadly toj provide housing for people up to one hundred twenty percent (120%) ofthe AMI, but alsoincluding the gap group of up to one hundred eighty percent (180%), soi it is our intention to provide a range of housing at price points for all members of our community. Councilmember DeCosta: What is your percentage breakdown? What percentage will be low-income housing, affordable housing, and in between the one hundred twenty percent (120%) and one hundred eighty percent (180%). AMI? Mr. Roversi: There is no breakdown yet. That will be driven by the community meetings that we are having next week and what the community expresses as their desires. Also, supplemented with our market studies, for example, that go. out to the community and try to create an understanding of the community's actual incomes. How much are the people in the community making? What type of housing can they realistically afford? Those sorts ofs studies along with the community's input will drive the final decision-making on unit blend and income mix for the specific area. Cowden. Council Chair Rapozo: Councilmember Kualii: Councilmember Kualii then Councilmember I am following up a little bit, because you answered my question and I assume that the number and type of units, ultimately, while the Housing Agency intends forit tol be mixed, will more or less be determined by the community itself. Hence, the reason for the meetings, right? Mr. Roversi: Councilmember Kualii: Yes. However, based on the fact that we used Housing moneys to help with the original purchase of the four hundred (400) acres in the firstplace, we have to meet some sort ofobligation toj provide housing, right? Do you have a basic idea of the minimum amount of housing units that you are trying to accomplish in this area? Mr. Roversi: Councilmember Kualii: Mr. Roversi: The numbers are somewhat broad. Iknow that it is probably a range. If you look at the existing community next door, because this property abuts an existing subdivision...if we were to build to the COUNCIL MEEMING 28 NOVEMBER 13, 2024 density thatmatched whatisa already there, we would be around two hundred fifty (250) new homes. Councilmember Kualii: Mr. Roversi: Councilmember Kualii: Are there primarily just single-family homes? Correct. Itis a big project. We can expect hundreds of housing units and that will suffice and meet our obligations, because we have already used Federal dollars as part oft the purchase oft the land, right? Mr. Roversi: No Federal moneys has one into this project yet. We have Federal funding to pay for the engineering and construction drawings for the subdivision infrastructure work. The use of those Federal funds does not tie the County to any restrictive AMI levels or price points. Iti is broad Federal infrastructure money for housing development. The types of restrictions that Councilmember DeCosta referenced typically come down thei road ifyou use. Federal moneys, for example, tobuild a multi-family housing project. The use of those funds will impose some sort of restrictions. Councilmember Kualii: If there was a piece in this entire area that had...like Lima Ola Housing has different pieces with the senior housing, low-income housing, transitional housing, then you also have all the single-family housing-ifthere was a piece that you used Federal funds for, it would only apply to that piece? Mr. Roversi: Correct. Councilmember Cowden: Ithink my questions are half answered. We might anticipate roughly two hundred and fifty (250) units? Is that loosely the idea of living units? Mr. Roversi: That is the baseline. I do not want toj prejudge. Again, we want the community's input on the types of homes that they would like to see, the mix of for-sale housing versus rental housing, and a mix ofs single-family versus multi-family housing. We are not trying toj preset those things, but get that information from the community. Councilmember Cowden: Help me with this, because my understanding when we. have this-Iknow that we recently looked at the Samuel Mahelona Memorial Hospital (SMMH), which is State land, but I am sure that the County is going to be helping in that. We have Kilauea and Lima Ola. We have been doing things all over. Good job and thank you. Will it have somewhat of a similarity?I want tol be sure thatI am communicating correctly. My understanding was that there was going tol be another Kealaula at Pua Loke Transitional Housing project out here, when we do the whole range, that there would be...we are trying to address housing for everyone as we are not meant to be competitive with the private sector, right? Do we even know that?I have seen the design and have gone to the meetings. We are wanting to do something similar. Is that right? COUNCIL MEETING Mr. Roversi: 29 NOVEMBER 13, 2024 Well, it is the Administration's goal to have a supportive housing project to serve the homeless community similar to the Kealaula project here in Lihu'e, in every district of the island. It would be an obvious solution to thatifas small portion ofthis project were dedicated to a project like that, but that would require a fraction of the space in the acreage and in the effort. Councilmember Cowden: Mr. Roversi: If people want to come and have input, is it at 5:30 p.m. through 7:30 p.m. at the Waimea 5:30 p.m. through 7:30 p.m., Waimea Canyon 5:00 p.m. at the Waimea Canyon Middle School? Is that the time and place? Canyon Middle School cafeteria on Thursday, November 21, 2024. Middle School cafeteria, next Thursday, November 21, 2024. Councilmember Cowden: Mr. Roversi: Council Chair Rapozo: another press release before then? Mr. Roversi: Yes. I am assuming that you will be putting out Yes, it will be on all the County social media sites, we will do a reminder press release, and as I mentioned, we will be putting up physical road-side banners on the Westside sometime this week. Council Chair Rapozo: When Ilook at this map, and I know the item was posted for the affordable housing component, but there is Zone 1, Zone 2, Zone 3, Zone 4 and Zone 5. Staff, maybe we could make a request to the Administration to provide an update on those as well? Mr. Roversi: Council Chair, that wider area is encompassed Yes, but I think my point is that the housing is in the preliminary studies that DPW: is separately working on. Council Chair Rapozo: the other zones for housing as well? going to be restricted to what is on the map right now, or are you looking at going into Mr. Roversi: The concept plan that the Planning Department put together, envisioned that portions of Zone 4 and Zone 5 could also be utilized lateri in time for housing ifdemand required it. Those are the areas that are the highest in elevation and the least prone to flooding, sO they would be the most appropriate for that. That is being contemplated as part of all the predevelopment studies, but even the area that is designated on this map for housing, it would be our assumption that it would need tol be developed in phases and not all at once. Council Chair Rapozo: Mr. Roversi: Right. It could be ten (10) or fifteen (15) years before the final sections of that property are fully developed and built out. COUNCIL MEETING 30 NOVEMBER 13, 2024 Council Chair Rapozo: Councilmember DeCosta: Mr. Roversi: Are there any further questions? Adam, I am looking at the Waimea Athletic Ib believe that is what is designated in the Field. Is there going to be a nice track around the Waimea Football Field? Planning Departments concept plan. Councilmember DeCosta: Councilmember Carvalho: Thank you for that. The bottom line, Adam, during the community meetings that you will be having, the voice ofthe people are very important to move the decisions forward, right? Mr. Roversi: Yes. Councilmember Carvalho: Overall, that is the bottom line. Obviously, I like the layout and the additional areas of development, recreational activities and all those things are. laid out within this project, right? Mr. Roversi: Council Chair Rapozo: Councilmember Kualii: Yes. Are there any further questions for Adam? This just popped into my mind. Iam looking at the map, at this tan colored area, beautiful with all the affordable housing. When Ilook tot the leftin Zone 5, which is predominantly green and isi in the foothills, have you given any thought to potentially doing ag housing there? Maybe that land is more conducive toa ag, but maybe doing some housing that still supports ag. Mr. Roversi: We would be open to: feedback on thatifthatis It is more a thought for long-term. part oft the community feedback process. Councilmember Kualii: Mr. Roversi: Iknow that DPW's study is presuming that the...not sO much by the highway, which is the most wetland area, but higher up, that area would remain primarily ag use. I do not know that there is a clear vision as to exactly how, how large, or how it would be parceled out, or any oft that. Councilmember Kualii: Just from the Housing Agency stand point, not just pure ag, but housing that is connected to ag. Just a thought for the future. Thank you. Council Chair Rapozo: Again, next week November 21, 2024 from 5:30 p.m. to 7:30 p.m. at the Waimea Canyon Middle School cafeteria. Make sure that you show up. Is there anyone in the audience wishing to testify? Seeing none, Icall the meeting back to order. COUNCIL MEETING 31 NOVEMBER 13, 2024 There being no public testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: Councilmember Kualii: Is there any final discussion? Just for discussion purposes, I want to make known...I know that you had concerns about the Sunshine Law. I think that we can still attend, but we, just cannot participate. Is that how it works? Council Chair Rapozo: Councilmember Kualii: The way that it is written, you cannot even Let me then also say that I am away, soIam attend. not able to attend as Chair of the Housing & Intergovernmental Relations Committee and Councilmember Bulosan who is Vice Chair of that committee is also on O'ahu on that day and is unable to attend. We invite other Councilmembers to please attend, at least two (2)ofyou, and bring back whatever you can to us. Councilmember Cowden: Council Chair Rapozo: Councilmember DeCosta: Councilmember Cowden: Council Chair Rapozo: Iusually always attend these, and I plan tol be there. Perfect. Ithink that the Westside families are excited They generally receive me very well and are to see you there. used to seeing me show up regularly. They appreciate it. Is there any further discussion? The motion to receive C 2024-234 for the record was then put, and carried by a vote of 6:0:1 (Councimember Kagawa was excused). Council Chair Rapozo: C2024-235 The motion is carried. Next item, please. 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 Kauai, State OfHawaii, 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. Councilmember Kualii moved to receive C 2024-235 for the record, seconded by Councilmember DeCosta. Council Chair Rapozo: Again, the Proposed Draft Bill will be coming up in a little bit. Ms. Matsuyama, do you want to come up and give us an overview? Then you do not need to stay for the Proposed Draft Bill. COUNCIL MEETING 32 NOVEMBER 13, 2024 There being no objections, the rules were suspended: REIKO MATSUYAMA, Managing Director: Good morning. Reiko Matsuyama, Office of the Mayor. This Proposed Draft Bill is to fund a settlement agreement with all ofour United Public Workers (UPW) members for temporary hazard pay during the period March 4, 2020 to March 5, 2022. You folks are all familiar with temporary hazard pay and how we have been working hard to try and figure out agreements with the unions. This is our first that we are coming to you for funding for. The six million two hundred thousand dollars ($6,200,000) is a conservative estimate. Itis higher than what we think it will come out to be. At the Committee Meeting, we intend to amend it down to what a more accurate amount will be. The reason for this was, just to try and get it in front ofyou because we know the process takes a couple of months, sO we wanted to get it on the Council floor and "get the ball rolling" sO that payouts can be made more expeditiously. Council Chair Rapozo: Councilmember Cowden: Ms. Matsuyama: Councilmember Cowden: maintenance jobs and things like that? Are there any questions? Councilmember Cowden. This is solely UPW? That is correct. So, when we see the Fire Department, Department of Public Works, Department of Parks & Recreation, these might be Ms. Matsuyama: Yes, that is why you can see which funds are hitin the money bill. These are our Solid Waste Division workers, Waste Water Division workers. The Golf Fund is hit, General Excise Tax (GET) Fund, and some General Fund. Councilmember Cowden: all getting the same amount? Ms. Matsuyama: hours physically present at work. Councilmember Cowden: Ms. Matsuyama: Council Chair Rapozo: How much would a typical person get?. Are they It is fifteen percent (15%) and based on the Fifteen percent (15%) of what they earned that year gross? Yes. Not fifteen percent (15%) ofwhat they earned that year gross. It is fifteen percent (15%) of the hourly rate of the hours that they worked. Ms. Matsuyama: Itis hours worked, so: it excludes vacation. COUNCIL MEETING 33 NOVEMBER 13, 2024 Council Chair Rapozo: Ms. Matsuyama: Council Chair Rapozo: office and not at home, right? Ms. Matsuyama: Itisn not fifteen percent (15%) offt the top oft their gross salary. Itis that they had to work to get the benefit. That is correct. Iti is based on the hours actually worked in the Thati is correct. The UPW workers were mainly I guess when I was asking gross, I meant...I here, SO that is why it is an easier calculation than... Councilmember Cowden: will just pick a number, ifyou get paid forty dollars ($40) per hour, by the time you take itl home, it might be more like thirty dollars ($30), right, but iti is the forty dollars ($40), not the thirty dollars ($30)? Ms. Matsuyama: Councilmember Cowden: Ms. Matsuyama: Councilmember Cowden: Ms. Matsuyama: Councilmember Cowden: That is correct. Iti is for two (2) years ofworking? Yes. Ofwhatever hours they had over those two (2) full years? Yes. I am just asking. Maybe it is not today, but somewhere along the line, are people who are not in any of these unions going to be addressed, or do you have tol be in a union to get a benefit, ifyou are on the front line or whatever way you are doing it? Are you only negotiating with unions? What about people who are not in a union? Ms. Matsuyama: It depends. For the most part, we are focusing on the unions and trying to settle with the unions. There will be people who were working during this time that will be left out and there will be people who are not part ofa union that will be paid. Councilmember Cowden: Council Chair Rapozo: What is the difference on that? What qualifies Hold on. I think that discussion is important, as being left out?Iam curious, because I am getting those questions. but I want to make sure that the question is the money bill that we are currently at...will any ofthese funds be used for non-union people? Ms. Matsuyama: No. COUNCIL MEETING 34 NOVEMBER 13, 2024 Council Chair Rapozo: Okay, sO that discussion is a separate discussion on how non-union employees will be handled, because I have the same concern. Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: On a different day? That is correct. Today is just the money bill for The reason I am asking is because Id do not see the union agreement that the. Administration made with UPW. where it says UPW on this money bill. Am Imissing it? Does it say: itl here?I do not see those words in here. Council Chair Rapozo: This is just the money bill. No, because this is just transferring the money sO that they can be paid. The policy itself is obviously not in the Proposed Draft Bill. Councilmember Cowden: Council Chair Rapozo: Alright. That is a discussion that we would like to have and I would have to check with County Attorney Matthew Bracken at a later time whether iti is in open session or Executive Session. Ibelieve that would be in Executive Session, butl Iwill check with Mr. Bracken. Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Council Chair Rapozo: This is about six million dollars ($6,000,000)? That is correct. Thank you. You are welcome. Are there any other questions for Ms. Matsuyama? Thank you, Ms. Matsuyama. Is there anyone in the audience wishing to testify? Seeing none. Again, this is just the Communication. We will get to the Proposed Draft Bill in a little bit. Is there any further discussion? Seeing none. There being no public testimony, the meeting was called back to order, and The: motion to receive C 2024-235 for the record was then put, and carried by a proceeded as follows: vote of6:0:1 (Councilmember Kagawa was excused). Council Chair Rapozo: have the Resolution, please? The motion is carried. Let us move on. Can we COUNCIL MEETING RESOLUTION: 35 NOVEMBER 13, 2024 Resolution No. 2024-29 - RESOLUTION APPROVING PROPOSALS FOR INCLUSION IN THE 2025 HAWAIT STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Councilmember Kualii moved for adoption of Resolution No. 2024-29, seconded by Councilmember Carvalho. Council Chair Rapozo: With that, I will turn it over to Councilmember Carvalho, our Hawaii State Association of Counties (HSAC) Representative. Councilmember Carvalho: We had heavy discussion on this in various areas of the Resolution. Whether it be retirement policy, relating to housing, all ofit isl listed here. Would you like me to go through each one or in general terms, are there any questions? Council Chair Rapozo: Councilmember Cowden: Do you have any questions? Idefinitely have questions, because Ihavenot been able to go to any of the meetings because of the Sunshine Law. I read the minutes, and the minutes are really deficient. They say hardly anything, soIhave a few questions. Council Chair Rapozo: Councilmember Cowden: Go ahead. On this police element, we touched on it a little bit and it seems like a good idea. Can you explain itjust a little more?Ireadit, sO when it says, "Police officers enrolled in the deferred retirement program," what exactly does it mean?They can defer retirement, so ifthey move up into an appointed position that pays less, they can hold it there, right? Councilmember Carvalho: Councilmember Cowden: Right. If they are third level and they are getting paid better, Iv will just say as an. Assistant Chief(AC) ofPolice and then they become a Deputy ChiefofPolice, they can retire as an AC? Councilmember Carvalho: Councilmember Cowden: Councilmember Carvalho: Councilmember Cowden: Councilmember Carvalho: At this level, yes. That is the main goal of this? That is the bottom line right there. We had a speaker here who said that allows them to go out in the community, what they would not do... No. COUNCIL MEETING 36 NOVEMBER 13, 2024 Councilmember Cowden: Councilmember Carvalho: Councilmember Cowden: Idid not understand that, sO he did not have that right? That is the bottom line, yes. Iwas SO excited about this. Why do we not do this for everything where we have the salary inversion? When we have salary inversion, sO when someone becomes the Planning Director, they are going to have a cut in pay... Councilmember Carvalho: Councilmember Cowden: Councilmember Carvalho: Councilmember Cowden: Does anyone else have a police question? Council Chair Rapozo: Councilmember Cowden: For this one, it was based on this. Just the police? Yes. Okay. Alright, that is my police question. Is there anyone else? Ifn not, moving on to the Okay. I have a question on each of them, next one. actually. The next one: is on housing. This is about the proximity between the housing location and the applicant's place of employment. This makes it similar to how the County does its County rental housing here, sO that people who live and work in an area or ifi it allows them to come back from the Continental United States if they have... Councilmember Carvalho: Councilmember Cowden: Councilmember Carvalho: Councilmember Cowden: Schooling. Ifthey went away for... Ifthey were priced out of the community. Right. So, we allow repatriation through this, but in our County housing policy, we have a fifty percent (50%) breakdown. Fifty percent (50%) get this local workforce opportunity, but did I miss something? Do we have the fifty percent (50%)? It is sort of complicated. in those categories and then the fifty percent (50%). another community, do they lose their standing? Councilmember Carvalho: Councilmember Cowden: Councilmember Carvalho: In general terms, it was just givingpreference If people are on that list and they live in Yes, within that. We went back and forth on itw with the discussion. COUNCIL MEETING 37 NOVEMBER 13, 2024 Councilmember Cowden: IfIl had been in the meeting, I would have argued that a little bit. Does anyone else have a question on that housing bill before Imove on? Council Chair Rapozo: Councilmember Cowden: Councilmember Carvalho: Councilmember Cowden: Councilmember Carvalho: Councilmember Cowden: might be able to get an extra five (5) years? Councilmember Carvalho: Council Chair Rapozo: No. The next one is cesspools. Again, this feels Yes, it is pretty much for the Big Island. We So, giving them an extra five (5) years? like it is really written for the Big Island, because iti is over five thousand (5,000). are all going through 1 it, but as you can see the level 1 and level 2, and looking at the dates. Yes. Ifpeople have really compelling reasons, they Depending on what the... The biggest advantage to this amendment or this proposal is that it will give the Director authority to offer exemptions ifyou can prove it: is not feasible, itis not practical, or you do not have enough room. Councilmember Cowden: Council Chair Rapozo: Iti is not acting up, your cesspool is not getting Right. Your cesspool may be in a location that pumped? does not impact the environment in any way. We heard that from the experts. They said there is no data to show that a cesspool is any better for the environment than a septic system, yet there is a broad stroke right now where if you want to do anything to your house, you need to put in a septic system and add another sixty thousand dollars ($60,000) or seventy thousand dollars ($70,000) to your bill. Out of all ofthis, and you are right, it was sort of geared...Big Island probably introduced it. Councilmember Cowden: Iam looking at a ten-thousand-dollar credit and I am thinking they cost fifty thousand dollars ($50,000) to seventy thousand dollars ($70,000), so Iv was thinking it seems like... Council Chair Rapozo: The best part thatI see in this was that ability where ifI can prove that my cesspool is not an impact and I cannot put it in my small..where Ilive right now, I cannot put a septic system. I do not have room, sO what will I do? For me, that was the biggest thing. Councilmember Carvalho: Councilmember Cowden: You are right. For some, having a cesspool is Nothing in this will make it harder? workable. Iti is okay. You do not have to, but that was part of the... COUNCIL. MEETING 38 No. No. NOVEMBER 13, 2024 Council Chair Rapozo: Councilmember Carvalho: Councilmember Cowden: Okay. There is a loti in here andIam trying to read itall, but we alll know a key word here or there matters.Iam really excited about a new septic sort of thing. Ihave sent you, Council Chair, some things and I want to do a presentation or briefing soon. Council Chair Rapozo: Councilmember Cowden: Council Chair Rapozo: Yes. Ib hoping with my fingers crossed that it is Ido not have a question, but I do want to say good. Does anyone else have a cesspool question? that I have been working with the Speaker of the House Nadine Nakamura to actually relook at the statute in whole, because iti is not practical. She is in agreement that there needs to be some changes. We started the discussion and will continue the discussion. I think the 2050 deadline is not practical, especially when you look at the amount of smaller lots in the counties. That discussion will continue, sO I am glad this is in the package for HSAC. .It think iti is a good start, but I think there is sO much more to do with that statute. Councilmember DeCosta: was also worried when you mentioned Speaker Nakamura with that Bill that they may be trying to push andIam sure they mentioned HSAC, about how the cesspool owners need to start contributing a monthly fee like how the people with sewer contribute, sO that money can go in a coffer which can be used later to fix the cesspool problems. As an advocate for the people who have cesspools, we do not help them when they need to pump their cesspool. Ido not see the County coming in and saying, "You folks need to pump your cesspool, sO here is some money." ." People with sewer pay a fee for their sewer, but the people with a cesspool and the septic systems need to pay their own fee to have their tanks pumped, sO we need to watch out when we make laws that can hurt these people who have cesspools. That was for the public's record. Council Chair Rapozo: Councilmember Cowden: Are there any other questions about the The next one, relating to the environment, is cesspool bill? another wastewater/cesspoo. situation, and it is not my area of expertise. I did take a class last week trying to learn and I was particularly excited about this new possibility that does this denitrification capacity. Councilmember Carvalho: Councilmember Cowden: Yes, it is converting nitrogen to gases. It is this new thing that I looked at that is supposedly seven thousand dollars ($7,000). I just cannot imagine it is that inexpensive, sO I am exuberant and thrilled right now that we might have a good solution, especially if there is a ten-thousand-dollar credit, but the denitrification is COUNCILMELTING 39 NOVEMBER 13, 2024 mostly ifyou are near the shoreline or above a certain footage...five thousand (5,000) years old. This all looks like soil problems on the Big Island. Councilmember Carvalho: Councilmember Cowden: Right. Okay. Does anyone else have a question on that one? With the next one, I am really confused. Ireadi it two (2) or three (3) times. Itisi relating to the regulation oftobacco products. On the second page of this, itl looks like Section 2 was all lined out-it was removed-and had to deal with the State doing it, soIknow that there is a lot of concern in the community about vaping and tobacco products. I read it several times, but I could not tell. Does this say we are shifting the authority primarily to the counties, or what is this tobacco products bill even doing? Councilmember Carvalho: Councilmember Cowden: Itis shifting it to the counties, no? Ifyou look at Section 2 where everything has a line through it removing it, maybe that is just the talk about what the Statewide concern is? Councilmember Carvalho: Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Council Chair Rapozo: Yes, it is a Statewide discussion right now. They removed that. It think iti is like a housekeeping bill. Okay, because Ilooked atit and said, "I do not Ihave never seen a State bill that had a title geti it." "statewide concern." Itis a statement. Itis a worldwide concern. Itis a worldwide concern. Iam not sure. It is one of those when the Legislature is in session and some legislator feels like they need to be part oft the bill sO they add something in. I am not sure why we are wasting time trying to take it out, because iti is one of those that does not do anything. Councilmember Cowden: Councilmember Carvalho: It did not seem like it had a meaning to me. We had all sorts of discussion on this. COUNCIL: MEETING 40 NOVEMBER 13, 2024 Council Chair Rapozo: There is no authority; you gain nothing and you lose nothing by this. It is almost like someone felt they needed to do something and they did. Councilmember Carvalho: Councilmember Cowden: relating to the conveyance... Council Chair Rapozo: Itwas a statewide thing. Alright, because I did not get that one. Now, The best part ofthat statute was, "(c) Nothing in this chapter shall be construed to limitac county'sauthority under section 328J.15," because Ithink it should be a home rule. Ithink it should be the counties and not the State. Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Isaw that, I was good with that. Itis one of those that make you say, "Really? Does anyone else have a question on it? On Okay." the next one which relates to the conveyance tax, this is something that I have been talking about for five (5) years. To me, where we really want to grab the money toj put in some sort ofrevolving fund, and Ihave already said on the floor we need different things, I would probably use it differently. I would make it be these zero (0) interest loans, etcetera, but. with this, help me understand, because this is a long bill with a lot of changes and a lot of numbers. To me, ifI was writing it, I would say, "Someone sells their property at a gain in less than five (5) years, I consider that a speculative investment. If they lose money, okay, maybe they lose their house, we do not take anything, because there is no gain anyway, buti ifthere is a gain...I was trying to see how many years it: is on this conveyance tax and Ilike that they are putting some of the moneys in homeless, because everyone knows I am passionate about that particular challenge. Can you help me understand? It has all these details. Whati is it? Council Chair Rapozo: The State collects a conveyance tax on every property sale. What this does now is it provides ten percent (10%). It is not new money. Councilmember Carvalho: Council Chair Rapozo: Councilmember Cowden: Council Chair Rapozo: aj portion, but that is not up for discussion. Councilmember Carvalho: No. It is existing money. It is the existing conveyance tax and it takes ten percent (10%). Iwant to add. Iwould like to see the State give the counties You are right. The State is providing the counties... COUNCIL MEETING 41 NOVEMBER 13, 2024 Council Chair Rapozo: It is the State, and basically, that ten percent (10%) of the conveyance tax that is currently collected is going into this special homeless services fund. That is all itis. Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Council Chair Rapozo: That is all it is. Alright. That is disappointing tor me. Iv was looking and trying to (inaudible .625 01:43:57). Iti is not a bad thing. It is not a bad thing. ..provided they manage it properly. Provided the State manages that fund properly and uses it for good, but what you are talking about is something that we all would like to see. Councilmember Cowden: Iwant a chunk in there. That is what I would have gone after for our revolving fund is when people are speculating and coming out making sometimes hundreds of thousands of dollars, if not millions of dollars in a short window oftime. What did you say? Councilmember Kualii: Councilmember Cowden: would like to do it as a county. Council Chair Rapozo: You need to run for the Legislature and Okay, well, that was a big issue for me. I In my experience, some of the strategies for champion it. HSAC is trying to put these proposals together that have a chance of passing. Based on the feedback you get back from the Legislature and the experts...in fact, we had a lobbyist. We no longer have a lobbyist, but we did have one. Councilmember Cowden: Councilmember Carvalho: Council Chair Rapozo: We do not have one anymore? We do not. No. We do a better job by ourselves. That is the reality-we do a betterj job by ourselves. The fact that the State is notin a position right now to provide that does not mean we should not go after it. I think that is something that we, as a County, should explore and create a resolution, but at the current time, this is what is in the package. Councilmember Cowden: Council Chair Rapozo: Councilmember Carvalho: Council Chair Rapozo: Okay. Ten percent (10%) of the existing collections... Council Chair Rapozo, you said the county is coming back, right? Yes. COUNCIL MEETING 42 NOVEMBER 13, 2024 Councilmember Cowden: Because Il liked how they put a lot of wording in here talking about Crested Butte and Telluride, Colorado, and other cities that do this. It seems to me our County should be able to do it because when I see where we have the big problem, that is the low-hanging fruit where we can make a big difference. Is that the last one? Council Chair Rapozo: Councilmember Carvalho: Councilmember Cowden: for fifteen (15) years more? Councilmember Carvalho: Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Councilmember Carvalho: Councilmember Cowden: The last is the General Excise (G.E.) Tax. Itis the G.E. Tax surcharge. The G.E. Tax. This says that we get to have it Yes. Okay. Because it is going to sunset. Itis going to sunset, SO... We are, just adding fifteen (15) years. We are being proactive sO if they say, "No," this year, we can say it again next year and the year after, because it really has made atremendous difference, particularly in our roads, soIam supportive oft that. Iwould say that ifI am not going to be allowed in the meetings, I would either like to have quarterly reports or Iv would like tol have meaningful minutes, because as we all know, I am the type of person who likes to do their homework and it has been very frustrating not being allowed to participate in something this important, and I would like to participate sO Ihave that on the record. Council Chair Rapozo: Ithink that is the next HSAC package item. Iti is massaging the Sunshine Law to allow us to have more participation, but that is for another time. Councilmember Kualii: Council Chair Rapozo: Councilmember Carvalho: Councilmember Kualii: Councilmember Cowden: Council Chair Rapozo: Information Practices (OIP). We, as a Council, can put something forward. Yes. Yes. You can attend the meeting even if you are not a voting member. No, you cannot. I get kicked out. That is the ruling from the Office of COUNCIL MEETING 43 NOVEMBER 13, 2024 Councilmember Cowden: Councilmember Kualii: Councilmember Carvalho: Councilmember Kualii: Councilmember Carvalho: Council Chair Rapozo: Councilmember Kualifi: Councilmember Cowden: Councilmember Kualii: Councilmember Cowden: deeply inadequate minutes. Council Chair Rapozo: Iattend, even go to O'ahu, and I am kicked Is it because of the Sunshine Law? out. Yes. They did not kick you out; it is the law. That may change. That may change tomorrow. Iti is the Sunshine Law. Iknow, but I am asked to leave. The Sunshine Law does not mean you got Iwas not allowed to be there and there is Okay, we are: moving on. Thatis the package. kicked out; it means you were not allowed to be there. HSAC requires unanimous consent, which means that everyone needs to vote "yes." Ifone (1) county votes "no," it does not go, sO do you folks want to be a spoiler? Councilmember Cowden: Council Chair Rapozo: Councilmember Cowden: Council Chair Rapozo: Iam not really excited about it, but it is good Sometimes half (1/2) of something is better enough. than all ofnothing. Itis half (1/2) of something. Is there anyone in the audience wishing to testify? Seeing none, is there anyone with further comments? Thank you, Councilmember Carvalho, for your participation on HSAC and I agree with Councilmember Cowden that we should have more participation. With that, roll call. There being no public testimony, the meeting proceeded as follows: COUNCIL MEETING 44 NOVEMBER 13, 2024 The motion for adoption of Resolution No. 2024-29 was then put, and carried by the following vote: FORADOPTION: AGAINST ADOPTION: Bulosan, Carvalho, Cowden, DeCosta, Kualii, Rapozo None TOTAL-6, TOTAL-0, TOTAL-1, TOTAL-0. EXCUSED & NOT VOTING: Kagawa RECUSED & NOT VOTING: None Ms. Fountain-Tanigawa: Council Chair Rapozo: Six (6) ayes, one (1) excused. Okay. Let us, just go through, because we had the discussion already. Iwant tol beat the caption break and we did start a little late, sO can we have the first Proposed Draft Bill? BILLS FOR FIRST READING: Proposed Draft Bill (No. 2936) - A BILL FOR. AN ORDINANCE AMENDING CHAPTER 8, KAUAT COUNTY CODE 1987, AS AMENDED, RELATING TO ZONING DESIGNATIONS IN WAILUA, KAUAT (County of Kauai Planning Department, Applcan)CA-20PA Councilmember Kualii moved for passage of] Proposed Draft Bill (No. 2936) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 18, 2024, and that it thereafter be referred to the Planning Committee, seconded by Councilmember DeCosta. Council Chair Rapozo: Seeing none, roll call. Is there any discussion or public testimony? There being no public testimony, the meeting proceeded as follows: The motion for passage of Proposed Draft Bill (No. 2936) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 18, 2024, and that it be referred to the Planning Committee was then put, and carried by the following vote: FOR PASSAGE: AGAINST PASSAGE: Bulosan, Carvalho, Cowden, DeCosta, Kualii, Rapozo None TOTAL-6, TOTAL-0, TOTAL-1, TOTAL-0. EXCUSED & NOT VOTING: Kagawa RECUSED & NOT VOTING: None Ms. Fountain-Tanigawa: Council Chair Rapozo: Six (6) ayes, one (1) excused. Next Proposed Draft Bill, please. COUNCIL MEETING 45 NOVEMBER 13, 2024 Proposed Draft Bill (No. 2937) - A BILL FORAN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ZONING DESIGNATIONS IN HANAPEPE, KAUAT (County of Kauai Planning PpraAPwUIEAT Councilmember Kualiimoved for passage of Proposed Draft Bill (No. 2937) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 18, 2024, and that it thereafter be referred to the Planning Committee, seconded by Councilmember DeCosta. Council Chair Rapozo: Seeing none, roll call. Is there any discussion or public testimony? There being no public testimony, the meeting proceeded as follows: The motion for passage of Proposed Draft Bill (No. 2937) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 18, 2024, and that it be referred to the Planning Committee was then put, and carried by the following vote: FOR PASSAGE: AGAINST PASSAGE: Bulosan, Carvalho, Cowden, DeCosta, Kualii, Rapozo None TOTAL-6, TOTAL-0, TOTAL-1, TOTAL-0. EXCUSED & NOT VOTING: Kagawa RECUSED & NOTY VOTING: None Ms. ountain-Tangawa: Council Chair Rapozo: Six (6) ayes, one (1) excused. Next Proposed Draft Bill, please. Proposed Draft Bill (No. 2938) - A BILL FOR. AN ORDINANCE AMENDING CHAPTER 15A, KAUAT COUNTY CODE 1987, AS AMENDED, RELATING TO THE KAUAT COUNTY FIRE CODE Councilmember Kualii moved for passage of Proposed Draft Bill (No. 2938) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 18, 2024, and that it thereafter be referred to the Public Safety & Human Services Committee, seconded by Councilmember DeCosta. Council Chair Rapozo: Seeing none, roll call. Is there any discussion or public testimony? There being no public testimony, the meeting proceeded as follows: COUNCIL MEETING 46 NOVEMBER 13, 2024 The motion for passage of] Proposed Draft Bill (No. 2938) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 18, 2024, and that it be referred to the Public Safety & Human Services Committee was then put, and carried by the following vote: FOR PASSAGE: AGAINST PASSAGE: Bulosan, Carvalho, Cowden, DeCosta, Kualii, Rapozo None TOTAL-6, TOTAL-0, TOTAL-1, TOTAL-0. EXCUSED & NOT VOTING: Kagawa RECUSED & NOT VOTING: None Ms. ountain-Tangawa: Council Chair Rapozo: Six (6) ayes, one (1) excused. The final Proposed Draft Bill, please. 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 HAWAIT, 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 Councilmember Kualii moved for passage of Proposed Draft Bill (No. 2939) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 18, 2024, and that it thereafter be referred to the Finance & Economic Development Committee, seconded by Councilmember DeCosta. Council Chair Rapozo: Seeing none, roll call. Is there any discussion or public testimony? There being no public testimony, the meeting proceeded as follows: The motion for passage of Proposed Draft Bill (No. 2939) on first reading, that it be ordered to print, that a public hearing thereon be scheduled for December 18, 2024, and that it be referred to the Finance & Economic Development Committee was then put, and carried by the following vote: FOR PASSAGE: AGAINST PASSAGE: Bulosan, Carvalho, Cowden, DeCosta, Kualii, Rapozo None TOTAL-6, TOTAL-0, TOTAL-1, TOTAL-0. EXCUSED & NOT VOTING: Kagawa RECUSED & NOT VOTING: None Ms. Fountain-Tanigawa: Councilmember Kualii: aj point ofpersonal privilege? Six (6) ayes, one (1) excused. Council Chair, before we adjourn, can Iask for COUNCIL MEETING 47 Sure. NOVEMBER 13, 2024 Council Chair Rapozo: Councilmember Kualii: Ijust wanted toi introduce two (2) ofmy cousins in the audience, Ron Pool and Karen Pool. They are here from Terrace City in British Columbia, Canada. My cousin Ron was a city manager for Terrace City, he currently has a consulting company, and still does work with the government and councils like ours, the business community, and even the First Nations community.. As we adjourn, ifI could ask to take a photograph (photo) with them with the seal in the back for them to take back. Council Chair Rapozo: We have an Executive Session, sO we will be read into Executive Session, and when we break, we will give everyone ten (10) minutes to reconvene in Executive Session and can take the picture. ES-1137 Pursuant to Hawaii 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 ab 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. Councilmember Kualii moved to convene in Executive Session for ES-1137, seconded by Councilmember Carvalho. Council Chair Rapozo: Seeing none, roll call. Is there any discussion or public testimony? There being no public testimony, the meeting proceeded as follows: The motion to convene in Executive Session for ES-1137 was then put, and carried by the following vote: FOR EXECUTIVE SESSION: AGAINST EXECUTIVE SESSION: None EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Ms. Fountain-Tangawa: Council Chair Rapozo: Executive Session. Bulosan, Carvalho, Cowden, DeCosta, Kualii, Rapozo Kagawa None TOTAL-6, TOTAL-0, TOTAL-1, TOTAL-0. Six (6) ayes, one (1) excused. With that, we will recess for ten (10) minutes and then reconvene in the Executive Session room. There being no objections, the meeting recessed at 10:31 a.m. to convene in The meeting reconvened at 10:48 a.m., and proceeded as follows: COUNCIL MEETING 48 NOVEMBER 13, 2024 Council Chair Rapozo: This meeting is called back to order. Mr. Bracken. There being no objections, the rules were suspended. MATTHEW M. BRACKEN, County Attorney: An Executive Session was held regarding a pending claim. At this time, nothing will be disclosed to the public. There being no public testimony, the meeting was called back to order, and proceeded as follows: Council Chair Rapozo: no objections, this meeting is adjourned. Thank you very much. With that, if there are ADJOURNMENT. There being no further business, the Council Meeting adjourned at 10:49 a.m. Respeetfully submitted, JADE K. POUNTAIN-TANIGAWA County Clerk :slr