HomeMy WebLinkAbout 03/22/2017 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA RECEIVED
WEDNESDAY, MARCH 22, 2017
8:30 A.M. OR SOON THEREAFTER 17 MAR 16 P12 36
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING f`-ICE U
4396 RICE STREET, SUITE 201 THE (-CUNT i' CLERK
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LIHU`E, KAUAI, HAWAII 96766 COUNT Y O ;t AU/V f
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. February 22, 2017 Council Meeting
2. March 8, 2017 Council Meeting
E. INTERVIEWS:
1. FIRE COMMISSION:
• Linda Kaauwai-Iwamoto — Term ending 12/31/2019
2. CHARTER REVIEW COMMISSION:
• Isaac K. Cockett—Term ending 12/31/2019
F. CONSENT CALENDAR:
1. C 2017-66 Communication (02/28/2017) from the Acting County Engineer,
transmitting for Council consideration, a Resolution Abandoning
The Kapaia Swinging Bridge g g ge And Granting All Rights And
Responsibilities To And In Favor Of The Kapaia Foundation,
Kapaia, Kauai, Hawai`i, to preserve, restore, and beautify the
Kapaia valley area, which includes the Kapaia Swinging Bridge.
(See Resolution No. 2017-23)
COUNCIL MEETING AGENDA 2 MARCH 22, 2017
2. C 2017-67 Communication (03/03/2017) from Sharon Lasker, Chair of the
Committee on the Status of Women for the County of Kaua`i,
transmitting for Council information, Resolution No. 2017-1,
Resolution Supporting The Principles Of The United Nations'
Convention On The Elimination Of All Forms Of Discrimination
Against Women, to support the elimination of all forms of
discrimination against women, which was adopted by the
Committee on the Status of Women at its February 15, 2017
meeting. (See Resolution No. 2017-24)
3. C 2017-68 Communication (03/06/2017) from Council Chair Rapozo,
transmitting for Council consideration, a Resolution Appointing
Derek S.K. Kawakami As Representative And Mel Rapozo As
Alternate To The Executive Committee Of The Hawaii State
Association Of Counties And Nominating Arryl Kaneshiro To
Serve As A Board Member Of The National Association Of
Counties. (See Resolution No. 2017-26)
4. C 2017-69 Communication (02/21/2017) from the Deputy Director of
Finance, transmitting for Council information, the 2017 Real
Property Assessment List of the County of Kauai pursuant to
Section 5A-2.2, Kaua`i County Code 1987, as amended.
(2017 Real Property Assessment List on file in the Office of the
County Clerk.)
5. C 2017-70 Communication (03/14/2017) from the Director of Finance,
transmitting for Council information, supplemental property tax
revenue information pertaining to the estimated reduction in
real property tax revenues resulting from the Home
Preservation Limit and Very Low Income tax relief measures
enacted by the Kaua`i County Council, based on the Real
Property Assessment Certification for Fiscal Year 2018 factored
with the existing real property tax rates.
6. C 2017-71 Communication (03/14/2017) from the Director of Human
Resources, transmitting for Council information, the
March 15, 2017 Human Resources Reports, pursuant to
Section 19 of Ordinance No. B-2016-812, relating to the
Operating Budget of the County of Kaua`i for the Fiscal
Year 2016-2017, which includes new hires, transfers,
reallocations, promotions, and vacancies for the period of
November 16, 2016 to March 15, 2017.
COUNCIL MEETING AGENDA 3 MARCH 22, 2017
7. C 2017-72 Communication (03/15/2017) from the Community Assistance
and Veterans Services Committee Chair, transmitting for
Council consideration, a Resolution Establishing An Affordable
Housing Special Advisory Committee And Repealing
Resolution No. 2013-57, Draft 1, And Resolution No. 2014-34.
(See Resolution No. 2017-27)
8. C 2017-73 Communication (03/15/2017) from the Director of Finance,
transmitting for Council consideration, two resolutions relating
to a Reserve Fund and Reserve Fund Policy, and a Structurally
Balanced Budget for the County of Kauai.
(See Resolution No. 2017-28 and Resolution No. 2017-29)
G. COMMUNICATIONS:
1. C 2017-74 Communication (02/27/2017) from the Director of Human
Resources, requesting Council approval to indemnify the State
of Hawaii, Department of Education (DOE), for the use of
various DOE school cafeterias and restroom facilities for
Department of Human Resources testing purposes to include,
but not be limited to, the following locations: Elsie H. Wilcox
Elementary School, Kapa`a Elementary School, Chiefess
Kamakahelei Middle School, and Kauai High School, for
Calendar Year 2017 and on January 6, 2018.
2. C 2017-75 Communication (03/02/2017) from the Prosecuting Attorney,
requesting Council approval to indemnify the State of Hawai`i
for contract 15-DJ-05, for the Drug Nuisance Abatement Unit
between the State of Hawai`i Attorney General's Office and the
County of Kauai, Office of the Prosecuting Attorney.
3. C 2017-76 Communication (03/02/2017) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend
Federal Highway Safety funds from the State of Hawai`i
Department of Transportation (DOT), in the amount of
$142,589.00, to be used towards continued funding of 1.00
Full-Time Equivalent (FTE) Traffic Resource Prosecuting
Attorney, travel, and training.
COUNCIL MEETING AGENDA 4 MARCH 22, 2017
4. C 2017-77 Communication (03/03/2017) from the County Attorney,
requesting authorization to expend funds up to $370,000.00 for
Special Counsel services to represent the County of Kaua`i
Housing Agency before the State of Hawai`i Land Use
Commission in order to file a 201H-38 Petition for the Lima Ola
Workforce Housing Project (Resolution No. 2016-53), and related
matters.
5. C 2017-78 Communication (03/07/2017) from the Acting County Engineer,
requesting Council approval to purchase non-budgeted
equipment, a year-end close out model 200 kilowatt (kW)
Emergency Generator for the County of Kaua`i's Coco Palms
Sewage Pump Station, in the amount of $78,000.00, as the
existing 200 kW emergency generator has failed and is
unrepairable, and the current backup 125 kW portable
emergency generator is not sufficient to start both pumps at the
pump station.
6. C 2017-79 Communication (03/14/2017) from the Mayor, transmitting his
Fiscal Year 2017-2018 Budget Message, along with the proposed
Operating Budget, Capital Improvement Projects (CIP) Budget,
and Schedule of Charges and Fees. (Detailed Line Item Budget
on file in the Office of the County Clerk.) (See Proposed
Draft Bill (No. 2645), Proposed Draft Bill (No. 2646), and
the proposed Fiscal Year 2017-2018 Real Property Tax
Rate Resolution No. 2017-25)
7. C 2017-80 Communication (03/15/2017) from the Office of the County
Attorney, on behalf of the Council, requests authority to approve
settlement regarding the claim filed by Darryl D. Perry, Chief of
Police, and related matters.
H. LEGAL DOCUMENT:
1. C 2017-50 Communication (01/17/2017) from the Mayor, recommending
Council approval of a Grant of Pedestrian Access and Parking
Easements from CIRI Land Development Company, conveying
easements to the County of Kaua`i: Easements AU-1, AU-2,
AU-5, AU-6, and A-1 at Weliweli, KSloa, Kaua`i, Hawai`i, Tax
Map Key (TMK) No. (4) 2-8-021:041, 044-068.
• Grant of Pedestrian Access and Parking Easements
(See also CR-PL 2017-04; the Planning Committee
recommended C 2017-50 be approved on
March 15, 2017.)
COUNCIL MEETING AGENDA 5 MARCH 22, 2017
I. CLAIM:
1. C 2017-81 Communication (03/09/2017) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Michael Anthony Yaris, for damage to his vehicle, pursuant to
Section 23.06, Charter of the County of Kauai.
J. COMMITTEE REPORTS:
1. PLANNING COMMITTEE:
a. CR-PL 2017-04: on C 2017-50 Communication (01/17/2017) from the
Mayor, recommending Council
approval of a Grant of Pedestrian
Access and Parking Easements from
CIRI Land Development Company,
conveying easements to the County of
Kauai: Easements AU-1, AU-2, AU-5,
AU-6, and A-1 at Weliweli, K51oa,
Kauai, Hawaii, Tax Map Key (TMK)
No. (4) 2-8-021:041, 044-068.
• Grant of Pedestrian Access
and Parking Easements
[Approved.]
2. ECONOMIC DEVELOPMENT & INTERGOVERNMENTAL RELATIONS
COMMITTEE:
a. CR-EDIR 2017-02: on EDIR 2017-02 Communication (02/13/2017) from
the Director of Economic
Development, requesting agenda
time to have Scott Enright,
Chairperson of the Board of
Agriculture, State of Hawai`i
Department of Agriculture, make a
presentation on the State's Bee
Pollen Study. [Received for the
Record.]
COUNCIL MEETING AGENDA 6 MARCH 22, 2017
K. RESOLUTIONS:
1. Resolution No. 2017-22 — RESOLUTION URGING THE UNITED
STATES POSTAL SERVICE TO CONTINUE POSTAL SERVICES AT THE
LIHU`E POST OFFICE LOCATED ON RICE STREET, LIHU'E, KAUAI
(Deferred March 8, 2017)
2. Resolution No. 2017-23 — RESOLUTION ABANDONING THE
KAPAIA SWINGING BRIDGE AND GRANTING ALL RIGHTS AND
RESPONSIBILITIES TO AND IN FAVOR OF THE KAPAIA FOUNDATION,
KAPAIA, KAUAI, HAWAII
3. Resolution No. 2017-24 — RESOLUTION SUPPORTING THE
PRINCIPLES OF THE UNITED NATIONS' CONVENTION ON THE
ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN
4. Resolution No. 2017-25 — RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2017 TO
JUNE 30, 2018 FOR THE COUNTY OF KAUAI
5. Resolution No. 2017-26 — RESOLUTION APPOINTING DEREK S.K.
KAWAKAMI AS REPRESENTATIVE AND MEL RAPOZO AS ALTERNATE TO
THE EXECUTIVE COMMITTEE OF THE HAWAII STATE ASSOCIATION OF
COUNTIES AND NOMINATING ARRYL KANESHIRO TO SERVE AS A BOARD
MEMBER OF THE NATIONAL ASSOCIATION OF COUNTIES
6. Resolution No. 2017-27 — RESOLUTION ESTABLISHING AN
AFFORDABLE HOUSING SPECIAL ADVISORY COMMITTEE AND
REPEALING RESOLUTION NO. 2013-57, DRAFT 1, AND
RESOLUTION NO. 2014-34
7. Resolution No. 2017-28 — RESOLUTION REVISING THE COUNTY
OF KAUAI RESERVE FUND AND RESERVE FUND POLICY AND REPEALING
CERTAIN SECTIONS OF RESOLUTION NO. 2011-77, DRAFT 1
8. Resolution No. 2017-29 — RESOLUTION SUPPORTING A
STRUCTURALLY BALANCED BUDGET FOR THE COUNTY OF KAUAI
COUNCIL MEETING AGENDA 7 MARCH 22, 2017
L. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2645) — A BILL FOR AN ORDINANCE
RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018 (Fiscal Year 2017-2018
Operating Budget)
2. Proposed Draft Bill (No. 2646) — A BILL FOR AN ORDINANCE
RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2017 TO JUNE 30, 2018 (Fiscal Year 2017-2018 CIP
Budget)
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 at
the Office of the County Attorney and/or the Office of the County Clerk. Discussions
held in Executive Session are closed to the public.)
1. ES-894 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(2)
and (4), and Kauai County Charter Section 3.07(E), the Kaua`i County
Council requests an Executive Session with the County Attorney
pertaining to the process of hiring a County Auditor, and related
matters. This Executive Session pertains to the hiring of a County
Auditor where consideration of matters affecting privacy will be
involved as they relate to this agenda item.
(Deferred February 22, 2017)
2. ES-897 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4),
and Kauai County Charter Section 3.07(E), the Office of the County
Attorney requests an Executive Session with the Council to provide the
Council with a briefing on Special Counsel services to represent the
County of Kauai Housing Agency before the State of Hawai`i Land Use
Commission in order to file a 201H-38 Petition for the Lima Ola
Workforce Housing Project (Resolution No. 2016-53), 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.
COUNCIL MEETING AGENDA 8 MARCH 22, 2017
3. ES-898 Pursuant to Hawaii 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 Council with a briefing and
request authority for a possible settlement proposal in a claim filed by
Darryl D. Perry, Chief of Police, 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.
N. ADJOURNMENT.
O. 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.
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