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Home My WebLink About 11/18/2015 Notice and Agenda, Council COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, NOVEMBER 18, 2015 8:30 A.M. OR SOON THEREA1i' ` 12 P6 :33 COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766 A. MEETING CALLED TO ORDER. B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. October 7, 2015 Council Meeting 2. October 21, 2015 Council Meeting 3. October 21, 2015 Public Hearing re: Bill No. 2597 and Bill No. 2598 4. November 4, 2015 Public Hearing re: Bill No. 2599 and Bill No. 2600 E. COMMUNICATIONS: 1. C 2015-278 Communication (10/20/2015) from the Mayor, transmitting for Council consideration for inclusion in the 2016 County of Kaua`i Legislative Package, A Bill for An Act authorizing the issuance of General Obligation Bonds and making an appropriation, in the amount of$7,150,000 for the following: • Adolescent Treatment and Healing Center (Construction & Site Improvements) — $5,000,000 • Centralized Auto Maintenance Facility (Planning, Permitting & Design) — $550,000 • Kauai. Fire Department Helicopter Hangar (Construction) — $500,000 • Salt Pond Master Plan— $400,000 • Veterans Cemetery Facility Construction & Improvements — $700,000 (See also CR-COW 2015-14; the Committee of the Whole recommended approval on November 12, 2015.) COUNCIL MEETING AGENDA 2 NOVEMBER 18, 2015 ,2. C 2015-283 Communication (10/20/2015) from the Director of Finance, requesting Council approval to dispose the following government records from the Department of Finance — Real Property Assessment Division, pursuant to Section 46-43, Hawaii Revised Statutes and Resolution No. 2008-39 (2008) as amended, which has been kept for over seven (7) years and are no longer of use or value: • P-2 Forms (2006 and prior); • P-64 Conveyances & Transfer Deeds (2006 and prior); • Income Exemption & Circuit Breaker Applications (2006 and prior); • Permanent Home Use Dedications (1993 and prior); • Copies of construction plans (all copies — no requirement to save); • Appraiser working papers (2006 and prior); • Long-Term Affordable Rental Applications (2006 and prior); and • Miscellaneous files (2006 and prior). j3. C 2015-284 Communication (10/21/2015) from the Fire Chief, requesting Council approval to accept a donation of eleven (11) APX 7000XE portable radios, valued at eighty-four thousand dollars ($84,000), from Motorola Solutions, Inc., in honor of Kaua`i Fire Department's 2010 and 2014 Benjamin Franklin Fire Service Awards for Valor, which will be used to enhance the communication ability of the Kaua`i Fire Department. 4. C 2015-285 Communication (10/30/2015) from the Prosecuting Attorney, requesting Council approval to correctly reflect State contract amounts and time frames from agenda items (C 2015-152, May 19, 2015 Council Meeting and C 2015-265, October 21, 2015 Council Meeting) as follows: 1. Apply for, receive, and expend state funds, in the total amount of up to $74,434, to fund one (1) Victim / Witness Trainee for the period of July 1, 2015 to September 1, 2015, one (1) Victim / Witness Counselor I for the period of September 2, 2015 to September 15, 2015, and one (1) Victim / Witness Trainee for the period of January 1, 2016 to June 30, 29116; k1 d fringe benefits, for the Kaua`i Victim Witness Assistance Program 16-VW-03 Year 1 and Year 2, for the term July 1, 2015 through June 30, 2017; and 2. To receive and expend State funds in the total amount of up to $222,628, for the period of July 1, 2015 through June 30, 2017, for the continuation of the Kaua`i Career Criminal Prosecution Program. The funding will be expended on the salary and partial fringe benefits for the Special Prosecuting Attorney of the Career Criminal Prosecution staff; and 3. Indemnify the State of Hawaii Department of the Attorney General for the aforementioned program grants. COUNCIL MEETING AGENDA 3 NOVEMBER 18, 2015 5. C 2015-286 Communication (11/04/2015) from the Chief of Police, requesting Council approval to receive and expend funds from the State of Hawai`i Enhanced 911 (E-911) Board, pursuant to Section 138-5, Hawaii Revised Statutes, for the following: • Non-recurring funding, estimated in the amount of $2,300,000, for next generation Public Safety Answering Point (PSAP) software suite which includes integrated Computer Aided Dispatch (CAD), Computer Aided Mobile (Mobile), Records Management System (RMS), and associated necessary hardware and software. • Estimated recurring costs associated with the PSAP:, which includes Master Street Address Guide (MSAG), Imagery License Agreement, CAD Maintenance, Trunk Charges (Primary and Alternate PSAP), Long Distance, Text to 911 Service Charges, and Alternate PSAP Call Routing Services for the following fiscal years (FY): • FY 2016 - $755,729 • FY 2017 - $760,517 • FY 2018 - $941,704 • FY 2019 - $953,698 • FY 2020 - $953,698 6. C 2015-287 Communication (11/05/2015) from the County Engineer, requesting Council approval to apply for, receive, and expend State of Hawai`i Department of Transportation Safe Routes to School (HDOT-SRTS) program funding, which are federal funds provided by Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), as the HDOT is seeking applications to plan, develop, and implement eligible Safe Routes to School projects. 7. C 2015-288 Communication (11/06/2015) from the Director of Finance, transmitting for Council consideration, an amendment to Ordinance No. B-2015-797, as amended, relating to the Capital Budget of the County of Kaua`i for the Fiscal Year 2015-2016, by revising the amounts estimated in the Development Fund CIP to establish the project "Koloa/Po`ipu Intersection Improvements," as identified as condition #24 in Use Permit U-2005-32, Class IV Zoning Permit Z-IV-2005-38 for Po`ipu Realty Partners, LLC, and Kiahuna Mauka Partners, which was approved by the Planning Commission at its meeting held on December 19, 2005. (Koloa/Po`ipu Intersection Improvements, Poipu Realty Partners, LLC — $41,000) (See Proposed Draft Bill (No. 2607)) COUNCIL MEETING AGENDA 4 NOVEMBER 18, 2015 8. C 2015-289 Communication (11/06/2015) from the Director of Finance, transmitting for Council consideration, an amendment to Ordinance No. B-2015-797, as amended, relating to the Capital Budget of the County of Kaua`i for the Fiscal Year 2015-2016, by revising the amounts estimated in the Development Fund CIP to establish the project "Koloa/Po`ipu Intersection Improvements," as identified as condition #24 in Use Permit U-2006-10, Project Development Use Permit P.D. U-2006-11, Class IV Zoning Permit Z-IV-2006-13 for Kiahuna Fairways, LLC, and Kiahuna Mauka Partners, which was approved by the Planning Commission at its meeting held on March 17, 2006. (Koloa/Po ipu Intersection Improvements, Kiahuna Fairways, LLC- $47,750) (See Proposed Draft Bill (No. 2608)) 9. C 2015-290 Communication (11/02/2015) from the County Attorney, requesting authorization to expend additional funds up to $26,500 for Special Counsel's continued services provided in Kauai Police Commission, et al. vs. Bernard P. Carvalho, Jr., in his official capacity as the Mayor of the County of Kauai, Civil No. 12-1-0229 (Fifth Circuit Court), and related matters. 10.C 2015-291 Communication (11/05/2015) from the County Attorney, requesting authorization to expend additional funds up to $40,000 for Special Counsel's continued services provided in Diana Gausepohl-White vs. County of Kauai, et al., Civil No. 13-1-0360 (Fifth Circuit Court), and related matters. 11.C 2015-292 Communication (11/12/2015) from Councilmember Yukimura, transmitting for Council consideration for inclusion in the 2016 County of Kauai Legislative Package, A Bill for An Act authorizing the issuance of General Obligation Bonds and making an appropriation in the amount of $5,000,000 for the purchase of the Courtyards at Waipouli affordable housing project. F. LEGAL DOCUMENTS: 1. C 2015-266 Communication (10/01/2015) from the Director of Parks & Recreation, recommending Council approval of a License Agreement with Boys & Girls Club of Hawai`i, a non-profit Hawai`i corporation, for three (3) portables and a portion of the grounds immediately surrounding the portables located at the Kauai War Memorial Convention Hall in Lihu`e, Kaua`i, Hawai`i, being a portion of Royal Patent 4480, Land Commission Award 7713, Apana, Part I to V. Kamamalu, to be used for youth-related activities in the Lihu`e area. • License Agreement (Deferred November 4, 2015) COUNCIL MEETING AGENDA 5 NOVEMBER 18, 2015 2. C 2015-293 Communication (10/23/2015) from the Housing Director, recommending Council approval of a Second Amendment of Ground Lease with Rice Camp Partners, LP, and Ground Lease with Rice Hoala Partners, LP, for the Development of Rice Camp Senior Housing Phase II, Tax Map Key (TMK) No. (4) 3-6-009-001 and (4) 3-6-004-009, Lihu`e Kaua`i, Hawaii, to include the following: 1. Execute a Second Agreement of Ground Lease with Rice Camp Partners, LP, to acknowledge the assignment, amend portions of Section 18 in the Ground Lease which will no longer be applicable to Rice Camp Partners, LP, and replace Exhibit "A" Property Description with a new Property Description for the Phase I Parcel; 2. Execute a Ground Lease with Rice Hoala Partners, LP, as Lessee for the Phase II Parcel, granting site control under the same terms as the Ground Lease dated March 17, 2014, for the portion of land described in Exhibit "A" Property Description as the Phase II Parcel; and 3. Authorize the County Clerk to sign lease documents for recordation with the Bureau of Conveyances. G. CLAIM: 1. C 2015-294 Communication (10/30/2015) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Haley Kuntz, for damages to her vehicle and personal injuries, pursuant to Section 23.06, Charter of the County of Kauai. H. COMMITTEE REPORTS: 1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2015-16: on PWPR 2015-08 Communication (10/21/2015) from Council Chair Rapozo, requesting the presence of the County Engineer to provide a briefing regarding the Kawaihau, Hau`a`ala, and MA`ilihuna Complete Streets project. [Received for the Record.] COUNCIL MEETING AGENDA 6 NOVEMBER 18, 2015 2. ECONOMIC DEVELOPMENT & INTERGOVERNMENTAL RELATIONS COMMITTEE: a. CR-EDIR 2015-07: on EDIR 2015-02 Communication (10/14/2015) from the Director of Economic Development, requesting agenda time to present the Kauai Tourism Strategic Plan Update for Kauai. [Received for the Record.] 3. BUDGET & FINANCE COMMITTEE a. CR-BF 2015-37: on Bill No. 2600 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, SECTION 5A-11A.1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE BENEFICIAL TAX RATE FOR PROPERTY USED FOR LONG- TERM AFFORDABLE RENTAL [Approved as Amended.] b. CR-BF 2015-38 on Bill No. 2599 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B- 2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Kaua`i Fire Department, Aerial Apparatus Vehicle 10% County Match - $71,909.00) [Approved.] 4. COMMITTEE OF THE WHOLE a. CR-COW 14: on C 2015-278 Communication (10/20/2015) from the Mayor, transmitting for Council consideration for inclusion in the 2016 County of Kaua`i Legislative Package, A Bill for An Act authorizing the issuance of General Obligation Bonds and making an appropriation, in the amount of $7,150,000 for the following: • Adolescent Treatment and Healing Center (Construction & Site Improvements) - $5,000,000 • Centralized Auto Maintenance Facility (Planning, Permitting & Design) - $550,000 COUNCIL MEETING AGENDA 7 NOVEMBER 18, 2015 • Kaua`i Fire Department Helicopter Hangar (Construction) — $500,000 • Salt Pond Master Plan — $400,000 • Veterans Cemetery Facility Construction & Improvements — $700,000 [Approved.] I. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2607) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-797, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE DEVELOPMENT FUND (Koloa/Po`ipu Intersection Improvements, Poipu Realty Partners, LLC— $41,000) 2. Proposed Draft Bill (No. 2608) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-797, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE DEVELOPMENT FUND (Koloa/Po`ipu Intersection Improvements, Kiahuna Fairways, LLC— $47,750) J. BILLS FOR SECOND READING: 1. Bill No. 2599 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Kauai Fire Department, Aerial Apparatus Vehicle 10% County Match — $71,909.00) (See also CR-BF 2015-38; the Budget &Finance Committee recommended approval on second and final reading.) 2. Bill No. 2600, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, SECTION 5A-11A.1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE BENEFICIAL TAX RATE FOR PROPERTY USED FOR LONG-TERM AFFORDABLE RENTAL (See also CR-BF 2015-37; the Budget & Finance Committee recommended approval as amended to Bill No. 2600, Draft 1 on November 12, 2015.) COUNCIL MEETING AGENDA 8 NOVEMBER 18, 2015 K. EXECUTIVE SESSION: Pursuant to Hawaii Revised Statutes (HRS) §92-7(a), the Council may, when deemed necessary, hold an Executive Session on any agenda item without written public notice if the Executive Session was not anticipated in advance. Any such Executive Session shall be held pursuant to HRS§92-4 and shall be limited to those items described in HRS §92-5(a). (Confidential reports on file in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) 1. ES-818 Pursuant to Hawaii Revised Statutes Sections 92-4, 92-5(a)(4), and Section 3.07(E) of the Kauai County Charter, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing on the retention of special counsel to represent Irvin Magayanes in State of Hawaii vs. Irvin Magavanes, Criminal Number CR15-1-0267 (Fifth Circuit Court), and related matters. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. 2. ES-819 Pursuant to Hawaii Revised Statutes Sections 92-4, 92-5(a)(4), and Section 3.07(E) of the Kauai County Charter, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing on Kauai Police Commission, et al. vs. Bernard P. Carvalho, Jr., in his official capacity as the Mayor of the County of Kauai, Civil No. 12-1-0229 (Fifth Circuit Court), and related matters. The 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. 3. ES-820 Pursuant to Hawaii Revised Statutes Sections 92-4, 92-5(a)(4), and Section 3.07(E) of the Kauai County Charter, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing on Diana Gausepohl-White vs. County of Kauai, et al., Civil No. 13-1-0360 (Fifth Circuit Court), and related matters. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. L. ADJOURNMENT. M. NOTE: SPECIAL ACCOMMODATIONS AND SIGN LANGUAGE INTERPRETER AND INTERPRETERS FOR NON-ENGLISH SPEAKING PERSONS ARE AVAILABLE UPON REQUEST FIVE (5) DAYS PRIOR TO THE MEETING DATE, TO THE COUNTY CLERK, 4396 RICE STREET, SUITE 209, LIHU`E, KAUAI, HAWAII 96766. TELEPHONE NO. (808) 241-4188. FACSIMILE NO. (808) 241-6349. *TO VIEW MEETINGS OR MEETING ARCHIVES, PLEASE VISIT: WWW.KAUAI.GOV/WEBCASTMEETINGS.