HomeMy WebLinkAbout 05/17/2017 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, MAY 17, 2017
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LIHU`E, KAUAI, HAWAII 96766
RECEIVED
A. MEETING CALLED TO ORDER.
'17 MAY 11 A10 :10
B. ROLL CALL.
THE COLINIY r tRK
C. APPROVAL OF AGENDA. CNN Y OF 1.c Fa.€A 1
D. MINUTES of the following meeting of the Council:
1. April 12, 2017 Council Meeting
E. INTERVIEW:
1. CHARTER REVIEW COMMISSION:
• Rose Ramos-Benzel — Term ending 12/31/2019
F. CONSENT CALENDAR:
1. C 2017-112 Communication (04/04/2017) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Wyatt B. Angelo to the Charter Review Commission — Term
ending 12/31/2019. (See Resolution No. 2017-34)
2. C 2017-113 Communication (04/13/2017) from the Acting County Engineer,
transmitting for Council consideration, a Resolution
Establishing No-Parking Zones Along A Portion Of Ho`onani
Road, And Repealing Existing Parking Restrictions Along
Ho`onani Road, Koloa District, County Of Kaua`i, to prohibit
parking near Sheraton Kaua`i Resort's loading dock and an
existing walkway and service ramp. (See Resolution
No. 2017-35)
COUNCIL MEETING AGENDA 2 MAY 17, 2017
3. C 2017-114 Communication (04/25/2017) from Councilmember Chock,
providing written disclosure of a possible conflict of interest and
recusal relating to the funding for "Public Services — Namahoe
Leadership Voyaging Program (Leadership Kaua`i)" in the
amount of $35,000, which is part of the funding appropriated in
Resolution No. 2017-33, Resolution Authorizing The Filing Of
The Kaua`i County 2017 Action Plan (Community Development
Block Grant) With The Department Of Housing And Urban
Development, United States Of America, For A Grant Under
Title I Of The Housing And Community Development Act Of
1974 And 1987 (Public Laws 93-383 And 100-242), As Amended,
as he will potentially be contracted by Leadership Kaua`i.
4. C 2017-115 Communication (04/26/2017) from the Director of Finance,
transmitting for Council information, the Period 9 Financial
Reports — Detailed Budget Report, Statement of Revenues
(Estimated and Actual), Statement of Expenditures and
Encumbrances, and Revenue Report as of March 31, 2017,
pursuant to Section 21 of Ordinance No. B-2016-812, relating to
the Operating Budget of the County of Kaua`i for Fiscal
Year 2016-2017. (Copies of the Period 9 Financial Reports as of
March 31, 2017 on file in the Office of the County Clerk.)
5. C 2017-116 Communication (04/27/2017) from the Hawai`i State Association
of Counties (HSAC) President, transmitting for Council
approval, the Board of Director nominations for the National
Association of Counties (NACo) and the Western Interstate
Region (WIR) for the term starting July 1, 2017, pursuant to
Section 5C of the Bylaws of the Hawai`i State Association of
Counties, Inc. (See Resolution No. 2017-36)
6. C 2017-117 Communication (04/28/2017) from the Director of Human
Resources, transmitting for Council information, the
May 1, 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 March 16, 2017 to May 1, 2017.
COUNCIL MEETING AGENDA 3 MAY 17, 2017
G. COMMUNICATIONS:
1. C 2017-118 Communication (04/13/2017) from the Chief of Police, requesting
Council approval to apply for, accept, and expend Federal funds
in the amount of $748,250.00, from the recurring National
Highway Traffic Safety Administration (NHTSA) grant to be
used towards the following traffic related functions: data traffic
records, distracted driver, occupant protection, pedestrian, road
block, speed, youth deterrence, traffic services, purchase of
equipment, supplies, training, travel expenses, media expenses,
et cetera, and the purchase of two (2) unmarked patrol vehicles
for impaired driver enforcement.
2. C 2017-119 Communication (04/17/2017) from the Housing Director,
requesting Council approval to expend and indemnify the 2015
HOME Investment Partnerships Program (HOME) Community
Housing Development Organization (CHDO) funds, in the
amount of $366,478.00, offered by the Hawai`i Housing Finance
and Development Corporation (HHFCD), which is a fifteen
percent (15%) HOME set-aside requirement for each HOME
allocation, reserved for a CHDO engaging in HOME-eligible
activities.
3. C 2017-120 Communication (04/20/2017) from the Mayor, transmitting for
Council consideration, the cost items for the Hawai`i Fire
Fighters Association (HFFA) Bargaining Unit 11 for the period
July 1, 2017 and June 30, 2019 based on an arbitrated award
and in accordance with the procedures contained in Chapter 89,
Hawaii Revised Statutes (HRS), pursuant to Section 89-11 of
the HRS and Section 19.13B of the Kaua`i County Charter.
(Arbitration Panel's Award and Decision for Bargaining Unit 11
on file in the Office of the County Clerk.) (See Proposed Draft
Bill (No. 2650)
4. C 2017-121 Communication (04/20/2017) from the Housing Director,
requesting Council approval for the following:
a. Acquisition under the County's Community
Development Block Grant (CDBG) Program of a
residential unit at 4940 Alii Road, Hanapepe, Kaua`i,
Hawai`i, 96716, Tax Map Key (TMK): (4) 1-8-014-094,
for a purchase price of not more than $397,000.00,
based on the fee simple market appraisal, which will
be obtained through this transaction;
b. Resale of 4940 Alii Road, Hanapepe, Kauai, Hawai`i,
96716, by leasehold market appraisal, which will be
obtained through this transaction; and
c. Authorize the County Clerk to sign legal documents
related to the acquisition and resale transactions.
COUNCIL MEETING AGENDA 4 MAY 17, 2017
5. C 2017-122 Communication (04/25/2017) from the Public Access, Open
Space and Natural Resources Preservation Fund Commission,
transmitting the Commission's recommendation to use its
dossier process to recommend acquisition of a Hanalei coastal
property at Tax Map Key (TMK) (4) 5-8-012:002, Hanalei,
Kaua`i. (Hanalei Coastal Property, Tax Map Key
No: (4) 5-8-012:002) (Copies of the Commission Dossier Letter of
Recommendation for Acquisition to the County Council;
Department of Planning, Preliminary Report; Department of
Planning Supplemental #1 to the Preliminary Report; Minutes
from the January 12, 2017 Commission Meeting; Draft Minutes
of the April 13, 2017 Commission Meeting; and Draft ordinances
for the appropriation of funds for acquisition, on file in the Office
of the County Clerk.) (See Proposed Draft Bill (No. 2651)
and Proposed Draft Bill (No. 2652))
6. C 2017-123 Communication (04/25/2017) from the Public Access, Open
Space and Natural Resources Preservation Fund Commission,
transmitting the Commission's recommendation to use its
dossier process to recommend acquisition of a Kekaha coastal
property at Tax Map Key (TMK) (4) 1-2-013:041, Kekaha,
Kaua`i. (Kekaha Coastal Property, Tax Map Key
No: (4) 1-2-013:041) (Copies of the Department of Planning
Preliminary Report; Department of Planning Supplemental #1 to
the Preliminary Report; Minutes from the November 10, 2016
Commission Meeting; Draft Minutes of the April 13, 2017
Commission Meeting; and Draft ordinances for the appropriation
of funds for acquisition, on file in the Office of the County Clerk.)
(See Proposed Draft Bill (No. 2653) and Proposed Draft
Bill (No. 2654))
7. C 2017-124 Communication (04/28/2017) from the Director of Human
Resources, requesting Council approval to indemnify the State
of Hawai`i Employer-Union Health Benefits Trust Fund (EUTF)
to obtain protected health information for its employees,
beneficiaries, and retirees through a Confidentiality Agreement.
8. C 2017-125 Communication (05/05/2017) from the Mayor, submitting his
Supplemental Budget Communication for Fiscal Year 2017-2018
and Proposed Amendments to the Budget Bills, pursuant to
Section 19.02A of the Kaua`i County Charter.
COUNCIL MEETING AGENDA 5 MAY 17, 2017
H. COMMITTEE REPORTS:
1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE:
a. CR-PWPR 2017-13: on PWPR 2017-11 Communication (04/26/2017) from
Council Chair Rapozo, requesting the
presence of the Acting County
Engineer, to provide a briefing
regarding the Kaua`i Resource Center
and County Recycling contracts,
including the current status of all
related contracts, what actions the
County has taken to address any
reduction in services for residents,
businesses, and what the County's end
goal is for offering recycling services,
et cetera. [Received for the
Record.]
2. ECONOMIC DEVELOPMENT & INTERGOVERNMENTAL RELATIONS
COMMITTEE:
a. CR-EDIR 2017-04: on EDIR 2017-04 Communication (04/24/2017) from
Councilmember Chock, requesting the
presence of Dr. Janet Berreman,
Kaua`i District Health Officer, and Dr.
Sarah Park, State Epidemiologist, to
provide a briefing on the potential risk
of Rat Lungworm disease in Hawai`i.
[Received for the Record.]
3. PUBLIC SAFETY & TRANSPORTATION COMMITTEE:
a. CR-PST 2017-04: on PST 2017-02 Communication (04/13/2017) from
Council Vice Chair Kagawa,
requesting the presence of the Chief of
Police and the Director of Human
Resources, to discuss the recruitment
and hiring practices for Kaua`i police
officers, and the efforts being made to
attract and qualify Kaua`i residents
for these positions. [Received for the
Record.]
COUNCIL MEETING AGENDA 6 MAY 17, 2017
4. COMMITTEE OF THE WHOLE:
a. CR-COW 2017-04: on COW 2017-02 Communication (03/30/2017) from
Council Chair Rapozo, requesting the
presence of the Director of Human
Resources, to provide a briefing on the
negotiated agreements for all
collective bargaining units over the
last twenty (20) years, as it relates to
salary increases, increased benefits,
and other raises received (e.g.,
standard of conduct differential pay,
other allowances, et cetera).
[Received for the Record.]
I. RESOLUTIONS:
1. Resolution No. 2016-60 — RESOLUTION AUTHORIZING THE
ACQUISITION OF A PUBLIC PEDESTRIAN BEACH ACCESS EASEMENT IN
LAND REQUIRED FOR PUBLIC USE, TO WIT: A PUBLIC PEDESTRIAN
BEACH ACCESS EASEMENT TO KUKUI`ULA BAY, KUKUI`ULA, COUNTY OF
KAUAI, HAWAII, AND DETERMINING AND DECLARING THE NECESSITY
OF THE ACQUISITION THEREOF BY EMINENT DOMAIN
(Deferred February 22, 2017)
2. Resolution No. 2017-34 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Wyatt B. Angelo)
3. Resolution No. 2017-35 — RESOLUTION ESTABLISHING
NO-PARKING ZONES ALONG A PORTION OF HO`ONANI ROAD, AND
REPEALING EXISTING PARKING RESTRICTIONS ALONG HO`ONANI ROAD,
KOLOA DISTRICT, COUNTY OF KAUAI
4. Resolution No. 2017-36 — RESOLUTION APPROVING NOMINEES
TO THE NATIONAL ASSOCIATION OF COUNTIES BOARD OF DIRECTORS,
AND NOMINEES TO THE WESTERN INTERSTATE REGION BOARD OF
DIRECTORS FOR FISCAL YEAR 2018
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2650) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 11 BETWEEN JULY 1, 2017 AND JUNE 30, 2019
COUNCIL MEETING AGENDA 7 MAY 17, 2017
2. Proposed Draft Bill (No. 2651) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2016-812, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2016 THROUGH JUNE 30, 2017, BY REVISING
THE AMOUNTS ESTIMATED IN THE PUBLIC ACCESS, OPEN SPACE,
NATURAL RESOURCES PRESERVATION FUND (Hanalei Coastal Property, Tax
Map Key No: (4) 5-8-012:002)
3. Proposed Draft Bill (No. 2652) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2016-813, AS AMENDED, RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2016 THROUGH JUNE 30, 2017, BY REVISING
THE AMOUNTS ESTIMATED IN THE PUBLIC ACCESS, OPEN SPACE,
NATURAL RESOURCES PRESERVATION FUND — CIP (Hanalei Coastal
Property, Tax Map Key No: (4) 5-8-012:002)
4. Proposed Draft Bill (No. 2653) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2016-812, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2016 THROUGH JUNE 30, 2017, BY REVISING
THE AMOUNTS ESTIMATED IN THE PUBLIC ACCESS, OPEN SPACE,
NATURAL RESOURCES PRESERVATION FUND (Kekaha Coastal Property, Tax
Map Key No: (4) 1-2-013:041)
5. Proposed Draft Bill (No. 2654) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2016-813, AS AMENDED, RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2016 THROUGH JUNE 30, 2017, BY REVISING
THE AMOUNTS ESTIMATED IN THE PUBLIC ACCESS, OPEN SPACE,
NATURAL RESOURCES PRESERVATION FUND — CIP (Kekaha Coastal
Property, Tax Map Key No: (4) 1-2-013:041)
K. EXECUTIVE SESSION: Pursuant to Hawai`i Revised Statutes (HRS) §92-7(a),
the Council may, when deemed necessary, hold an Executive Session on any agenda
item without written public notice if the Executive Session was not anticipated in
advance. Any such Executive Session shall be held pursuant to HRS §92-4 and shall
be limited to those items described in HRS §92-5(a). (Confidential reports on file at
the Office of the County Attorney and/or the Office of the County Clerk. Discussions
held in Executive Session are closed to the public.)
L. ADJOURNMENT.
COUNCIL MEETING AGENDA 8 MAY 17, 2017
M. PUBLIC HEARING NOTE: If the Council is not finished with this meeting by
approximately 1:30 p.m., it will recess for a public hearing on the following. After the public
hearing, the Council will reconvene to complete any unfinished business.
(*For complete information, including a summary of the item, please refer to the official Notice
of Public Hearing. The official Notice of Public Hearing has been published, posted on the
bulletin board, and filed at the Office of the County Clerk as required by law. Notwithstanding
this Council Agenda, the Council may hold a public hearing on any item which has been posted
in advance in compliance with the Sunshine Law.]
For a copy of the notice,please go to: http:•//www.kauai.gov/Council/PublicHearings
1. Bill No. 2647 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO ZONING MAP ZM-PO 300 (CIRI
Land Development Company, Applicant)(ZA-2017-2)
2. Bill No. 2648 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2016-812, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2016
THROUGH JUNE 30, 2017, BY REVISING THE AMOUNTS ESTIMATED IN THE
SOLID WASTE FUND (SRF Loan Repayment - $17,595.00)
3. Bill No. 2649 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE
NO. B-2016-812, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE
COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2016
THROUGH JUNE 30, 2017, BY REVISING THE AMOUNTS ESTIMATED IN THE
HOUSING DEVELOPMENT FUND (Housing Agency, 3920 Haoa Street, #113 Purchase)
N. 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.