HomeMy WebLinkAbout09/12/2018 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, SEPTEMBER 12, 2018
8:30 A.M. OR SOON THEREAFTER 18 SEP -6 P 1 33
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING :• ` ''-
4396 RICE STREET, SUITE 201 f r
LIHU`E, KAUA`I, HAWAII 96766 co 1`' i
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. July 25, 2018 Council Meeting
2. August 8, 2018 Council Meeting
3. August 22, 2018 Special Emergency Council Meeting
E. CONSENT CALENDAR:
1. C 2018-191 Communication (08/15/2018) from the Director of Finance and
Accounting Systems Administrator, transmitting for Council
information, the Inventory Report for the Fiscal Year Ending
June 30, 2018. (Copy on file in the Office of the County Clerk.)
2. C 2018-192 Communication (08/24/2018) from the Acting County Engineer,
transmitting for Council consideration, a Resolution
Establishing Crosswalks On `Elepaio Road And `Alae Road,
Waimea District, County Of Kaua`i.
(See Resolution No. 2018-29)
3. C 2018-193 Communication (08/24/2018) from the Acting County Engineer,
transmitting for Council consideration, a Resolution
Establishing A Crosswalk On Papalina Road At Pu`u Road,
Koloa District, County Of Kauai.
(See Resolution No. 2018-30)
COUNCIL MEETING AGENDA 2 SEPTEMBER 12, 2018
4. C 2018-194 Communication (08/27/2018) from the Acting County Engineer,
transmitting for Council consideration, a Resolution
Establishing Maximum Speed Limits Of Twenty-Five (25 MPH),
Thirty-Five (35 MPH), Forty (40 MPH), And Forty-Five Miles
Per Hour (45 MPH) Along Ala Kinoiki, Koloa District, County Of
Kaua`i, State Of Hawai`i. (See Resolution No. 2018-31)
5. C 2018-195 Communication (09/04/2018) from Council Chair Rapozo,
transmitting for Council consideration, a Resolution Designating
September 2018 As National Suicide Prevention Month For The
County Of Kaua`i. (See Resolution No. 2018-32)
F. COMMUNICATIONS:
1. 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. (See also CR-EDIR 2018-02; the
Economic Development & Intergovernmental Relations
Committee recommended approval with the exception
of A Bill for An Act Relating to Transient
Accommodations on September 5, 2018.)
COUNCIL MEETING AGENDA 3 SEPTEMBER 12, 2018
2. 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.
(See also CR-EDIR 2018-03; the Economic
Development & Intergovernmental Relations
Committee recommended approval on
September 5, 2018.)
3. C 2018-196 Communication (08/16/2018) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend
Federal funds, in the amount of $27,591.00, from the Edward J.
Byrne Memorial Justice Assistance Grant (JAG) Fiscal Year
2018 Local Solicitation Grant, to continue employment of the
1.00 Full-Time Equivalent (FTE) Process Server to continue
process serving for the Office of the Prosecuting Attorney,
purchase office supplies, and allow officers of the Kaua`i Police
Department to attend training sessions. The grant will
commence October 1, 2017 through September 30, 2021.
4. C 2018-197 Communication (08/21/2018) from Council Chair Rapozo,
transmitting for Council consideration, a Proposed Draft Bill to
authorize the procurement of the services of a contract auditor, a
certified public accountant, or firm of certified public
accountants to conduct the independent audits of all County
funds and accounts as required pursuant to Sections 3.12 and
32.02(A)(1) of the Charter of the County of Kaua`i, as amended,
and the Single Audit Act of 1984 and to approve a contract from
appropriations of a later fiscal year for more than one fiscal
year. (See Proposed Draft Bill (No. 2722))
5. C 2018-198 Communication (08/29/2018) from the Housing Director,
requesting the Council's approval to perform the following:
a. Acquire under the County's Community Development
Block Grant (CDBG) Program a residential unit at
1633 Kuahale Street, Kapa`a, Kaua`i, Hawai`i, 96746,
Tax Map Key (TMK): (4) 4-6-38-45, for a purchase
price of not more than $485,000.00, based on the fee
simple market appraisal, which will be obtained
through this transaction;
b. Resale of 1633 Kuahale Street, Kapa`a, Kaua`i,
Hawai`i, 96746, by leasehold for not more than the
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 SEPTEMBER 12, 2018
6. C 2018-199 Communication (08/29/2018) from the Fire Chief, requesting
Council approval to establish one (1) Temporary As Needed
(TAN) operator position to accommodate emergency staffing
needs, pursuant to the Hawai`i Fire Fighters Association
Contract Agreement as outlined in Section 27, for an additional
brush truck assigned to the Hanalei Fire Station to use in
emergency situations, including but not limited to, incident
management, natural disasters, flooding, emergency
proclamations, evacuation, isolation, and to shelter-in-place.
7. C 2018-200 Communication (08/31/2018) from the County Attorney,
requesting authorization to expend funds of up to $5,000.00 for
Special Counsel services to prepare an amicus brief on behalf of
the County of Kaua`i for the Ninth Circuit appeal entitled
Young v. State of Hawai`i et al.
8. C 2018-201 Communication (08/31/2018) from the First Deputy County
Attorney, requesting Council approval of the indemnification
provisions contained in the User Agreement for the Grammar
Refresher (Self-Paced Tutorial) course, to be taken by each staff
member of the Office of the County Attorney to better support
the needs of the attorneys.
G. LEGAL DOCUMENT:
1. C 2018-202 Communication (08/29/2018) from the Acting County Engineer,
recommending Council approval of a Department of Water
Elevation Agreement and indemnification language contained
therein, between the County of Kaua`i Department of Public
Works and the County of Kaua`i Department of Water, for Tax
Map Key (TMK) (4) 3-8-018:012 (4940-C Maalo Road), Lihu`e,
Kaua`i, Hawai`i, to document that the Department of Public
Works is aware that the subject property is at such an elevation
that it cannot be assured of dependable water supply.
• Elevation Agreement for TMK (4) 3-8-018:012
H. CLAIM:
1. C 2018-203 Communication (08/29/2018) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Kresta Painter, for damage to her vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i.
COUNCIL MEETING AGENDA 5 SEPTEMBER 12, 2018
I. COMMITTEE REPORTS:
1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE:
a. CR-PWPR 2018-09: on PWPR 2018-07 Communication (08/22/2018) from
Council Chair Rapozo, requesting the
presence of the Administration, to
provide a briefing on the
Administration's plans for Salt Pond
Beach Park and surrounding areas.
(Received for the Record.)
b. CR-PWPR 2018-10: on PWPR 2018-08 Communication (08/30/2018) from
Council Chair Rapozo, requesting the
presence of the Acting County
Engineer, to provide a briefing on the
status of the Kaua`i Resource Center
HI5 redemption center and other
recycling programs/locations.
(Received for the Record.)
2. ECONOMIC DEVELOPMENT & INTERGOVERNMENTAL RELATIONS
COMMITTEE:
a. CR-EDIR 2018-02: on 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
COUNCIL MEETING AGENDA 6 SEPTEMBER 12, 2018
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.
(Approved with the exception
of A Bill for An Act Relating to
Transient Accommodations.)
b. CR-EDIR 2018-03: on 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. (Approved.)
3. PUBLIC SAFETY & TRANSPORTATION COMMITTEE:
a. CR-PST 2018-03: on PST 2018-02 Communication (08/09/2018) from
Council Chair Rapozo, requesting the
presence of the Executive on
Transportation, to provide a briefing
on the County Transportation
Agency's request for Council approval
relating to the Fiscal Year 2018
Federal Transit Administration (FTA)
Section 5339(c) Grant to be used to
purchase electric-powered buses.
(Received for the Record.)
COUNCIL MEETING AGENDA 7 SEPTEMBER 12, 2018
J. RESOLUTIONS:
1. Resolution No. 2018-29 — RESOLUTION ESTABLISHING
CROSSWALKS ON `ELEPAIO ROAD AND `ALAE ROAD, WAIMEA DISTRICT,
COUNTY OF KAUAI
2. Resolution No. 2018-30 — RESOLUTION ESTABLISHING A
CROSSWALK ON PAPALINA ROAD AT PU`U ROAD, KOLOA DISTRICT,
COUNTY OF KAUAI
3. Resolution No. 2018-31 — RESOLUTION ESTABLISHING MAXIMUM
SPEED LIMITS OF TWENTY-FIVE (25 MPH), THIRTY-FIVE (35 MPH),
FORTY (40 MPH), AND FORTY-FIVE MILES PER HOUR (45 MPH) ALONG ALA
KINOIKI, KOLOA DISTRICT, COUNTY OF KAUAI, STATE OF HAWAII
4. Resolution No. 2018-32 — RESOLUTION DESIGNATING
SEPTEMBER 2018 AS NATIONAL SUICIDE PREVENTION MONTH FOR THE
COUNTY OF KAUAI
K. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2720) — A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 23, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO SUNSHINE MARKETS (Deferred August 22, 2018)
2. Proposed Draft Bill (No. 2722) — A BILL FOR AN ORDINANCE
AUTHORIZING THE PROCUREMENT OF THE SERVICES OF A CONTRACT
AUDITOR AND APPROVING A CONTRACT FOR A CONTRACT AUDITOR
FROM APPROPRIATIONS OF A LATER FISCAL YEAR FOR MORE THAN ONE
FISCAL YEAR
L. 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.)
COUNCIL MEETING AGENDA 8 SEPTEMBER 12, 2018
1. ES-962 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.
2. ES-963 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 an additional briefing update and
request for authority to settle the case of Klaus H. Burmeister, et al. v.
County of Kaua`i, CV 16-00402 LEK-KJM (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.
3. ES-964 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 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 retention of special counsel services to
prepare an amicus brief on behalf of the County of Kaua`i for the Ninth
Circuit appeal entitled Young v. State of Hawai`i et al., and other
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.
4. ES-965 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 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 regarding the case of
City & County of Honolulu, et. al. v. David Y. Ige, et al.,
Civil No. 18-1-1326-08 DEO (First Circuit Court). 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.
M. ADJOURNMENT.
COUNCIL MEETING AGENDA 9 SEPTEMBER 12, 2018
N. 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.gou/Council/PublicHearings
1. Bill No. 2717—A BILL FOR AN ORDINANCE TO AMEND CHAPTER 13 OF THE KAUAI
COUNTY CODE 1987,AS AMENDED, RELATING TO THE ELECTRICAL CODE
2. Bill No. 2718 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 23, KAUAI
COUNTY CODE 1987,AS AMENDED, RELATING TO TAXICABS
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.
*TO VIEW MEETINGS OR MEETING ARCHIVES,
PLEASE VISIT: WWW.KAUAI.GOV/WEBCASTMEETINGS.
Kauai County Council, Council/ Committee Meeting Page 1 of 2
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Wednesday,September 12,2018 Wednesday,September 12,2018
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This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7. C r -;
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