HomeMy WebLinkAbout08/22/2018 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, AUGUST 22, 2018
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LIHU`E, KAUAI, HAWAII 96766
A. MEETING CALLED TO ORDER.
18 AtG 16 AID 26
B. ROLL CALL.
C. APPROVAL OF AGENDA. TCOUNTY OF° y,
D. MINUTES of the following meetings of the Council:
1. July 11, 2018 Council Meeting
2. August 8, 2018 Public Hearing re: Bill No. 2715 and Bill No. 2716
E. CONSENT CALENDAR:
1. C 2018-175 Communication (07/13/2018) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Elesther Calipjo to the Planning Commission (Business) —
Partial Term ending 12/31/2019. (See Resolution
No. 2018-27)
2. C 2018-176 Communication (07/26/2018) from Councilmember Chock,
transmitting for Council consideration and confirmation,
Council appointee Aubrey Summers to the Kaua`i Historic
Preservation Review Commission (Architecture) — Term
ending 12/31/2020. (See Resolution No. 2018-28)
F. COMMUNICATIONS:
1. C 2018-177 Communication (06/27/2018) from the Deputy Chief of Police,
requesting Council approval, to accept funding from the
Enhanced 911 (E-911) Board, in the amount up to $312,000.00,
which will be used for the remodel of the Kauai Public Safety
Answering Point (PSAP), as there have been tremendous
advancements in ergonomics, technical functionality, and
equipment for the Emergency Services Dispatchers.
COUNCIL MEETING AGENDA 2 AUGUST 22, 2018
2. C 2018-178 Communication (07/09/2018) from the Chief of Police, requesting
Council approval of the indemnification provision in the
Intergovernmental License Agreement for Law Enforcement
Participants of the Sexual Assault Management
System (SAMS 1.0), by and between the County of Kaua`i and
the City of Portland, which will allow comprehensive tracking of
sexual assault cases and evidence, allowing the Kaua`i Police
Department to better serve victims of sexual assault, increase
efficiency of multi-agency case collaboration and insure
compliance with new sexual assault legislation.
• Intergovernmental License Agreement for Law
Enforcement Participants of the Sexual Assault
Management System (SAMS 1.0)
3. C 2018-179 Communication (07/11/2018) from Michael A. Dahilig, Clerk of
the Planning Commission, transmitting the Planning
Commission's recommendation to amend Chapter 8, Kaua`i
County Code 1987, as amended, to distinguish two (2)
Agriculture Districts, encourage agriculture production, and to
discourage the development of "Gentlemen Estates" on lands
suitable for long-term agriculture production. (Copies of the
Draft Ordinance for Zoning Amendment (ZA-2014-4); Minutes of
the March 25, 2014 and March 27, 2018 Planning Commission
Meetings; Director's Report; and Supplemental to the Director's
Report #1, on file in the Office of the County Clerk.) (See
Proposed Draft Bill (No. 2719))
4. C 2018-180 Communication (07/25/2018) from the Fire Chief, requesting
Council approval, to accept a donation of the following items
from the Kaua`i Lifeguard Association (KLA):
• One (1) solar public announcement system, valued at
$6,510.00, which will be utilized by the Ocean Safety
Bureau to outfit the Pinetrees Tower in Hanalei;
• Eight (8) Bennett surfboards, valued at $10,068.00,
which will be used in the Junior Lifeguard program for
educational and promotional purposes, and for
documentation of lifeguard training exercises; and
• One (1) Canon camera, Model #1053585, valued at
$1,249.99, which will be used in the Junior Lifeguard
program for educational and promotional purposes,
and for documentation of lifeguard training exercises.
5. C 2018-181 Communication (07/26/2018) from the Director of Economic
Development, requesting Council approval to apply for, receive,
and expend funds in the amount of $51,313.00, from the Hawaii
Tourism Authority's (HTA) Kukulu Ola Program, and to
indemnify HTA, for the Ka Leo 0 Na Kupa-Ni`ihau Language
Preservation Program.
COUNCIL MEETING AGENDA 3 AUGUST 22, 2018
6. C 2018-182 Communication (07/31/2018) from the Executive on
Transportation, requesting Council approval to apply for, receive,
and expend Federal Transit Administration (FTA) Section 5311
Non Urbanized Area Formula Program grant funds, in the
amount of $1,068,000.00, and FTA Section 5339 Non Urbanized
Area Formula Program grant funds in the amount of
$900,000.00, and to indemnify the FTA. The Section 5311 grant
will fund fifty percent (50%) of bus driver wages, hourly pay, and
fringe benefit line items, and the Section 5339 grant will fund
eighty percent (80%) of vehicle purchases and miscellaneous
transit facility expenses.
7. C 2018-183 Communication (08/06/2018) from the Fire Chief, requesting
Council approval to accept, receive, and expend Federal funds,
in the amount of $63,025.00, from the Federal Emergency
Management Agency, Assistance to Firefighters Grants (AFG),
to be used by the Kaua`i Fire Department (KFD) to purchase a
Command Certification Program (CPC) administered through a
state-of-the-art Command Training Center (CTC) for Command
& Control Training; and to purchase eight (8) laptop computers,
eight (8) wireless mice, instructor and simulator software,
twelve (12) two-way radios, twelve (12) headsets, three (3)
Teledyne boxes, and subscription services for each KFD officer,
which are all necessary to run the simulations.
8. C 2018-184 Communication (08/13/2018) from Councilmember Kawakami,
transmitting for Council consideration the following measures
for inclusion in the 2019 Hawai`i State Association of
Counties (HSAC) Legislative Package and the 2019 County of
Kaua`i Legislative Package:
• A Bill for An Act Relating to Tort Liability, to make an
exemption from tort liability for the State and
Counties arising from lifeguard services, except for
gross negligence or wanton acts or omissions.
• A Bill for An Act Relating to Taxation, to provide a
taxpayer who hires an individual with a disability a
nonrefundable tax credit for the six-month period after
the individual is initially hired by the taxpayer.
• A Bill for An Act Relating to Taxation, to provide a
taxpayer who hires an elderly individual a
nonrefundable tax credit for the six-month period after
the individual is initially hired by the taxpayer.
• A Bill for An Act Relating to Zoning, to allow Counties
with populations less than one hundred thousand to
enact a zoning ordinance to amortize or phase out
nonconforming single-family transient vacation rental
units over a reasonable period of time.
• A Bill for An Act Relating to Transient
Accommodations, to proscribe licensing requirements
and enforcement provisions for transient vacation
rentals under the department of commerce and
consumer affairs, which takes effect on
January 1, 2020.
COUNCIL MEETING AGENDA 4 AUGUST 22, 2018
9. C 2018-185 Communication (08/13/2018) from Council Chair Rapozo,
transmitting for Council consideration the following measure for
inclusion in the 2019 Hawai`i State Association of
Counties (HSAC) Legislative Package and the 2019 County of
Kaua`i Legislative Package:
• A Bill for An Act Relating to Unadjudicated Traffic
Fines, to transfer certain fines and forfeitures collected
for uncontested traffic infractions to the counties.
10.C 2018-186 Communication (08/13/2018) from Councilmember Kawakami and
Councilmember Kaneshiro, transmitting for Council
consideration, A Bill For An Ordinance Amending Chapter 23,
Kauai County Code 1987, As Amended, Relating to the
Sunshine Market, to expand the list of agricultural products
allowed to be sold at Sunshine Markets to include meat,
shellfish, eggs, and whole fish. (See Proposed Draft
Bill (No. 2720))
G. LEGAL DOCUMENTS:
1. C 2018-187 Communication (07/30/2018) from the Acting County Engineer,
recommending Council approval of a Right-of-Entry Permit
between the County of Kauai and the State of Hawai`i,
Department of Land and Natural Resources (DLNR) and to
indemnify the State DLNR, to allow for construction of the
shared-use path between Elsie H. Wilcox Elementary School, the
Kaua`i War Memorial Convention Hall, and the Lihu`e Ball
Park (Tax Map Key (TMK): (4) 3-6-003:021 & 22 (State-owned)).
• Right-of-Entry Permit (by letter dated April 5, 2018,
addressed to Douglas Haigh, Chief of the Building
Division, signed by Suzanne D. Case, Chairperson,
Board of Land and Natural Resources Commission on
Water Resource Management)
2. C 2018-188 Communication (08/10/2018) from the Acting County Engineer,
recommending Council approval of a Right-of-Entry Agreement
between the County of Kauai and the State of Hawaii,
Department of Transportation, on State lands situated at Tax
Map Key (TMK) (4) 1-8-008:004 (por.) and (4) 1-8-008:076,
Hanapepe, Kauai, Hawai`i, to allow the County to install
protective measures for the Salt Ponds in Hanapepe and assist
in preserving a clean environment for the cultural practice of
salt making.
• Right-of-Entry Agreement
COUNCIL MEETING AGENDA 5 AUGUST 22, 2018
H. CLAIM:
1. C 2018-189 Communication (08/15/2018) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Heather Barth on behalf of Mary K. Off ley, for damage to her
vehicle, pursuant to Section 23.06, Charter of the County of
Kaua`i.
I. COMMITTEE REPORTS:
1. PLANNING COMMITTEE:
a. CR-PL 2018-08: on Bill No. 2687 A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 8,
SECTION 8-2.1(A) AND
SECTION 8-4.2(A), AND
CHAPTER 10, SECTION 10-5A.7(A),
KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO THE
COMPREHENSIVE ZONING
ORDINANCE AND LIHU`E TOWN
CORE URBAN DESIGN DISTRICT
(Approved as Amended.)
2. BUDGET & FINANCE COMMITTEE
a. CR-BF 2018-29: on Bill No. 2715 A BILL FOR AN ORDINANCE
AMENDING ORDINANCE
NO. B-2018-842, AS AMENDED,
RELATING TO THE CAPITAL
BUDGET OF THE COUNTY OF
KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2018
THROUGH JUNE 30, 2019, BY
REVISING THE AMOUNTS
ESTIMATED IN THE BOND FUND
AND HIGHWAY FUND-CIP (Salt
Pond Wastewater Improvements and
Hanapepe Moi Road Pedestrian Safety
Improvement Projects - $765,000.00)
(Approved.)
b. CR-BF 2018-30: on Bill No. 2716 A BILL FOR AN ORDINANCE TO
AMEND SECTION 5A-6.4(C) AND
SECTION 5A-11A.1 OF THE KAUAI
COUNTY CODE 1987, AS
AMENDED, RELATING TO REAL
PROPERTY TAX (Licensed Day Care
Provider Homestead Tax
Classification) (Approved.)
COUNCIL MEETING AGENDA 6 AUGUST 22, 2018
3. COMMITTEE OF THE WHOLE
a. CR-COW 2018-04: on COW 2018-02 Communication (06/27/2018) from the
Mayor, requesting agenda time for a
briefing from Smith Dawson &
Andrews, Inc., Washington, D.C.
consultants, to provide a recap of the
services and activities they provided to
the County during Fiscal
Year 2017-2018 as part of their
professional services contract.
(Received for the Record.)
J. RESOLUTIONS:
1. Resolution No. 2018-27 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Elesther Calipjo —Business)
2. Resolution No. 2018-28 — RESOLUTION CONFIRMING COUNCIL
APPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW
COMMISSION (Aubrey Summers —Architecture)
K. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2719) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO AGRICULTURE DISTRICTS (ZA-2014-4) (County of Kauai
Planning Department, Applicant)
2. Proposed Draft Bill (No. 2720) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 23, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO SUNSHINE MARKETS
L. BILLS FOR SECOND READING:
1. Bill No. 2687, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, SECTION 8-2.1(A) AND SECTION 8-4.2(A), AND CHAPTER 10,
SECTION 10-5A.7(A), KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO THE COMPREHENSIVE ZONING ORDINANCE AND LIHU`E TOWN CORE
URBAN DESIGN DISTRICT (See also CR-PL 2018-08; the Planning Committee
recommended approval as amended to Bill No. 2687, Draft 1 on August 15, 2018.)
COUNCIL MEETING AGENDA 7 AUGUST 22, 2018
2. Bill No. 2715 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2018-842, AS AMENDED, RELATING TO THE CAPITAL
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2018 THROUGH JUNE 30, 2019, BY REVISING THE AMOUNTS
ESTIMATED IN THE BOND FUND AND HIGHWAY FUND-CIP (Salt Pond
Wastewater Improvements and Hanapepe Moi Road Pedestrian Safety Improvement
Projects - $765,000.00) (See also CR-BF 2018-29; the Budget & Finance Committee
recommended approval on second and final reading.)
3. Bill No. 2716 — A BILL FOR AN ORDINANCE TO AMEND
SECTION 5A-6.4(C) AND SECTION 5A-11A.1 OF THE KAUAI COUNTY
CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAX (Licensed
Day Care Provider Homestead Tax Classification) (See also CR-BF 2018-30; the
Budget & Finance Committee recommended approval on second and final reading.)
M. 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.)
1. ES-959 Pursuant to Hawai`i 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 a briefing and request for authority to settle
the case of The Hertz Corporation v. Roselyn Martin, et al., Civil
No. 17-1-0137 (Fifth Circuit Court), 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.
2. ES-960 Pursuant to Hawai`i 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 a briefing on the Habitat Conservation Plan
for the County of Kaua`i and related matters. This briefing and
consultation involves the 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 AUGUST 22, 2018
3. ES-961 Pursuant to Hawai`i 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 a briefing and request for authority to settle
the case of Cameron Raymond v. County of Kaua`i, et al., CV 15-00212
ACK-RLP (United States District Court), 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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August 22,2018 Council Meeting Agenda
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