HomeMy WebLinkAbout08/03/2016 Notice and Agenda, Council COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, AUGUST 3, 2016
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LIHU`E, KAUAI, HAWAII 96766
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A. MEETING CALLED TO ORDER.
16 JUL 28 P4 :16
B. ROLL CALL. CF ICE OF
THE CCUH I Y CLERK
C. APPROVAL OF AGENDA. COUNTY OF {A►JA'!
D. MINUTES of the following meeting of the Council:
1. July 6, 2016 Council Meeting
E. SPECIAL ORDER OF THE DAY:
1. C 2016-162 Communication (07/08/2016) from the County Attorney,
requesting authorization to expend additional funds up to
$30,000.00 for Special Counsel's continued representation of
Bernard P. Carvalho, Jr., in his official capacity as the Mayor of
the County of Kaua`i, in Kaua`i Police Commission, et al. vs.
Bernard P. Carvalho, Jr., in his official capacity as the Mayor of
the County of Kaua`i, Civil No. 12-1-0229 (Fifth Circuit Court);
CAAP NOS. CAAP-12-0001123 & 13-0000015 (Hawai`i Supreme
Court, Intermediate Court of Appeals), and related matters.
(Pursuant to Council Rule No. 5(e), Council Absence, Tie
Vote)
2. C 2016-163 Communication (07/08/2016) from the Office of the County
Attorney, requesting authorization to expend additional funds
up to $15,000.00 for Special Counsel's contintied
representation of the Kauai Police Commission and
the Kaua`i Police Commission Members, in their official
capacity, in Kaua`i 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); CAAP NOS.
CAAP-12-0001123 & 13-0000015 (Hawai`i Supreme Court,
Intermediate Court of Appeals) and related matters.
(Pursuant to Council Rule No. 5(e), Council Absence, Tie
Vote)
COUNCIL MEETING AGENDA 2 AUGUST 3, 2016
F. CONSENT CALENDAR:
1. C 2016-167 Communication (07/13/2016) from the Director of Finance,
transmitting for Council information, the Fourth Quarter
Statement of Equipment Purchases for Fiscal Year 2015-2016,
pursuant to Section 17 of Ordinance No. B-2015-796,
the Operating Budget of the County of Kaua`i for Fiscal
Year 2015-2016.
2. C 2016-168 Communication (07/15/2016) from the Acting County Engineer,
transmitting for Council consideration, a Resolution
Establishing A School Zone With A 15-Mile Per Hour (MPH)
Speed Limit For A Portion Of Kukuihale Road, Kawaihau
District, County Of Kauai. (See Resolution No. 2016-52)
3. C 2016-169 Communication (07/20/2016) from the Director of Finance,
transmitting for Council information, the Period 12 Financial
Reports — Detailed Budget Report, Statement of Revenues
(Estimated and Actual), Statement of Expenditures and
Encumbrances, and Revenue Report as of June 30, 2016,
pursuant to Section 21 of Ordinance No. B-2015-796, relating to
the Operating Budget of the County of Kaua`i for the
Fiscal Year 2015-2016. (Copies of the Period 12 Financial
Reports as of June 30, 2016 on file in the County Clerk's Office.)
G. COMMUNICATIONS:
1. C 2016-170 Communication (07/01/2016) from the Director of Economic
Development, requesting Council approval to apply for, receive,
and expend funds, in the amount of $15,000, from the Hawai`i
Lodging and Tourism Authority Charity Walk, to be used
for the 2016-2017 Kauai Tourism Strategic Implementation
Plan.
2. C 2016-171 Communication (07/08/2016) from the Housing Director,
requesting Council approval of the following:
a. The fee simple sale of property located at 2080
Manawalea Street, #604, Lihu`e, Hawaii 96766 Tax Map
Key (TMK): (4) 3-3-003-036-0032, for not more than
$275,000.00, to a participant of the County's Affordable
Housing Waitlist whose household income does not exceed
140% of the Kauai Median Household Income (KMHI);
and
b. Authorize the County Clerk to sign legal documents
related to the sale transaction.
COUNCIL MEETING AGENDA 3 AUGUST 3, 2016
3. C 2016-172 Communication (07/11/2016) from Council Chair Rapozo,
transmitting for Council consideration for inclusion in the 2017
Hawaii State Association of Counties (HSAC) and County of
Kauai Legislative Packages, A Bill for An Act Relating to Tort
Liability, to delete the sunset provision for the liability
exceptions for county lifeguards.
4. C 2016-173 Communication (07/12/2016) from the Executive on Aging,
requesting Council approval to receive and expend State
General Funds for Fiscal Year 2017 and to indemnify the State
Executive Office on Aging, in the amount of $88,863.00 to be
used by the County of Kauai, Agency on Elderly Affairs for the
operating costs of the Aging and Disability Resource Center.
5. C 2016-174 Communication (07/15/2016) from Council Chair Rapozo,
transmitting for Council consideration for inclusion in the 2017
Hawaii State Association of Counties (HSAC) and County of
Kauai Legislative Packages, a proposed amendment to
Chapter 291C, Hawaii Revised Statutes (HRS), that would
direct the traffic fines and forfeitures collected for uncontested
traffic infractions to the county in which the citation was issued.
Further, should the Bill be approved by the State Legislature,
all funds derived from unadjudicated traffic infractions be
directed towards addressing the County's backlog in road
resurfacing, repairs, or reconstruction.
6. C 2016-175 Communication (07/15/2016) from the Deputy Planning
Director, requesting Council approval to apply for, receive, and
expend State Fiscal Year 2017 funds, and indemnify the State of
Hawaii Department of Land and Natural Resources, State
Historic Preservation Division and the National Park Service, in
the amount of $2,000.00 with an anticipated in-kind match of
$1,200.00 from the County of Kauai Planning Department, to be
used to procure services of a consultant to promote historic
preservation at the grass roots level and to nominate the
Hanapepe Bridge to the State of Hawaii and National Register
of Historic Places.
7. C 2016-176 Communication (07/18/2016) from the Executive on Aging,
requesting Council approval to receive and expend Federal
funds for Fiscal Year 2017 and to indemnify the State Executive
Office on Aging, in the amount of $551,641.00 to be used by the
County of Kauai, Agency on Elderly Affairs for the provision of
Title III services of the Older Americans Act which includes
information and referral, outreach, legal assistance, congregate
meals, home delivered meals, evidence based programs such as
EnhanceFitness or Better Choices, Better Health, and caregiver
support services.
COUNCIL MEETING AGENDA 4 AUGUST 3, 2016
8. C 2016-177 Communication (07/21/2016) from Council Chair Rapozo,
transmitting for Council consideration for inclusion in the 2017
Hawai`i State Association of Counties (HSAC) and County of
Kaua`i Legislative Packages, A Bill for An Act making an
appropriation for Emergency Medical Services, to appropriate
funds to the Department of Health for Fiscal Year 2017-2018 for
the purchase of an ambulance vehicle and the operational costs
for one ambulance unit, including equipment, supplies, and
personnel costs for state-certified emergency medical services
personnel, for a 24-hour, 7-days-a-week ambulance unit for the
County of Kauai.
9. C 2016-178 Communication (07/22/2016) from Councilmember Yukimura,
transmitting for Council consideration for inclusion in the 2017
Hawaii State Association of Counties (HSAC) and County of
Kauai Legislative Packages, a proposed amendment to Section
76-77, Hawai`i Revised Statutes (HRS), that would exempt from
civil services positions of non-elected chief executive officers or
heads of the executive branch of county government. This would
facilitate a Council-Manager form of governance should the
people of a county choose to institute that form of government.
10. C 2016-179 Communication (07/25/2016) from Council Vice Chair Kagawa,
transmitting for Council consideration, proposed amendments to
Chapter 19, Kaua`i County Code 1987, as amended, to make
legal both the consumption and purchase of alcohol/intoxicating
liquor beverages throughout the entirety of the Wailua Golf
Course. (See Proposed Draft Bill (No. 2635))
H. CLAIM:
1. C 2016-180 Communication (07/22/2016) from the County Clerk,
transmitting a claim filed against the County of Kauai by
Charles M. Cecil, for damage to his vehicle, pursuant to
Section 23.06, Charter of the County of Kauai.
I. COMMITTEE REPORT:
1. PLANNING COMMITTEE:
a. CR-PL 2016-07: on Bill No. 2627, Draft 1 A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 10, KAUAI
COUNTY CODE 1987, AS
AMENDED, BY ADDING A NEW
ARTICLE 5B, RELATING TO THE
LIHU`E PLANNING DISTRICT
(County of Kauai, Applicant)
[Approved as Amended.]
COUNCIL MEETING AGENDA 5 AUGUST 3, 2016
J. RESOLUTIONS:
1. Resolution No. 2016-50 — RESOLUTION ESTABLISHING A COUNTY
BUS STOP ALONG KAWAIHAU ROAD, KAWAIHAU DISTRICT, COUNTY OF
KAUAI (Deferred July 20, 2016)
2. Resolution No. 2016-52 — RESOLUTION ESTABLISHING A SCHOOL
ZONE WITH A 15-MILE PER HOUR (MPH) SPEED LIMIT FOR A PORTION OF
KUKUIHALE ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI
K. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2635) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO THE WAILUA GOLF COURSE
L. BILL FOR SECOND READING:
1. Bill No. 2627, Draft 2 — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 10, KAUAI COUNTY CODE 1987, AS AMENDED, BY ADDING A
NEW ARTICLE 5B, RELATING TO THE LIHU`E PLANNING DISTRICT
(County of Kauai, Applicant) (See also CR-PL 2016-07; the Planning Committee
recommended approval as amended to Bill No. 2627, Draft 2 on July 27, 2016)
M. 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-862 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4
and 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), on behalf of
the Council, the Office of the County Attorney requests an Executive
Session with the Council to provide the Council with a briefing,
discussion and consultation regarding the Quarterly Report on
Pending and Denied Claims. 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. (Deferred July 20, 2016)
COUNCIL MEETING AGENDA 6 AUGUST 3, 2016
2. ES-863 Pursuant to Hawai`i Revised Statutes Sections (HRS) 92-4 and
92-5(a)(2), (4), and (8), the purpose of this Executive Session is to
consider matters that require confidentiality under state law, to wit,
the hiring of a County Auditor, including interviewing any candidates,
and terms and conditions of employment. The further purpose of this
executive session is to meet with the Council's legal counsel on
questions and issues relating to the Council's powers, duties, privileges
and immunities and/or liabilities, claims and/or potential claims, as
such powers, duties, privileges and immunities and/or liabilities,
claims and or potential claims relate to the foregoing item, and to take
such action as the Council deems appropriate.
N. ADJOURNMENT.
0. 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.