HomeMy WebLinkAbout10/24/2018 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, OCTOBER 24, 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 OCT 18 P 4 :29
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. September 12, 2018 Council Meeting
2. September 12, 2018 Public Hearing re: Bill No. 2717 and Bill No. 2718
3. September 26, 2018 Council Meeting
4. September 26, 2018 Public Hearing re: Bill No. 2719
E. INTERVIEW:
1. POLICE COMMISSION:
• Dean A. Pigao — Term ending 12/31/2020
F. CONSENT CALENDAR:
1. C 2018-226 Communication (10/01/2018) from the First Deputy County
Attorney, transmitting for Council information, the Quarterly
Report on Settled Claims filed against the County of Kaua`i from
July 1, 2018 through September 30, 2018.
G. COMMUNICATIONS:
1. C 2018-227 Communication (10/03/2018) from the First Deputy County
Attorney, requesting authorization to expend additional funds
up to $200,000.00 from the Claims and Judgments account in
the litigation of Michael Sheehan Kocher, Sr., et al. vs. Kaua`i
Police Department, et al., Civil No. 16-1-0108 (Fifth Circuit
Court), and related matters.
COUNCIL MEETING AGENDA 2 OCTOBER 24, 2018
2. C 2018-228 Communication (10/04/2018) from Council Vice Chair Kagawa,
transmitting for Council consideration, a Proposed Draft Bill to
amend Section 5A-1.1 of the Kaua`i County Code, as amended,
relating to Real Property Tax, by adding the definition of
"claim," to prevent the potential reset of real property tax
benefits as a result of a death when the surviving relative was
also on the title of the property. (See Proposed Draft
Bill (No. 2723))
3. C 2018-229 Communication (10/05/2018) from the Emergency Management
Administrator, requesting Council approval to receive and
expend State funds, in the amount of $780,000.00, from the
United States Department of Homeland Security, via State of
Hawai`i Department of Defense, to be used to enhance the
capability of State and local units of government to prevent,
deter, respond to, and recover from threats and incidents of
terrorism, as well as "all hazards" catastrophic preparedness
initiatives.
4. C 2018-230 Communication (10/09/2018) from the Executive on Aging,
requesting Council approval to receive and expend State
General Funds for Fiscal Year 2019 and to indemnify the State
Executive Office on Aging, in the amount of $72,790.00 to be
used by the County of Kauai, Agency on Elderly Affairs for the
operating costs of the Aging and Disability Resource Center,
which includes consultant services, inter-island travel, travel
expenses for national conferences, postage, printing of a
resource directory, online training programs, promotional items,
replacement of electronic equipment, and supplies.
5. C 2018-231 Communication (10/09/2018) from Adam P. Roversi, Deputy
County Attorney, requesting Council approval of the
indemnification provision contained in the Terms of Service
Agreement for Logikcull, a cloud based eDiscovery software
provider, to help streamline the Office of the County Attorney's
discovery process making it both more efficient and reliable.
• Terms of Service Agreement
6. C 2018-232 Communication (10/12/2018) from Council Chair Rapozo,
transmitting for Council consideration, A Bill For An Ordinance
Amending Chapter 15, Article 4, Kauai County Code 1987, As
Amended, Relating To Outdoor Signs, to allow nonprofit
organizations to post temporary outdoor signs relating to their
upcoming events without the requirement of a signage permit.
(See Proposed Draft Bill (No. 2724))
COUNCIL MEETING AGENDA 3 OCTOBER 24, 2018
7. C 2018-233 Communication (10/15/2018) from the Emergency Management
Administrator, requesting Council approval to accept a donation
from the Federal Emergency Management Agency (FEMA), of
34 pallets of Aqua Liters emergency drinking water, for a total
of 2,550 cases or 30,600 liters of water, valued at $46,240 based
on online pricing.
8. C 2018-234 Communication (10/16/2018) from Councilmember Yukimura
and Council Chair Rapozo, transmitting for Council
consideration, A Bill For An Ordinance Amending Chapter 7A,
Kaua`i County Code 1987, As Amended, Relating To Affordable
Housing Preservation, to preserve the affordability of housing
developed with public (taxpayer) moneys or required by State or
County zoning and planning laws. (See Proposed Draft
Bill (No. 2725))
H. LEGAL DOCUMENT:
1. C 2018-235 Communication (10/12/2018) from the Housing Director,
recommending Council approval of a Dwelling Unit Revolving
Fund (DURF) Loan Agreement and Loan Documents, in the
amount of up to $13,000,000.00, between the County of Kaua`i and
the Hawai`i Housing Finance and Development
Corporation (HHFDC), to fund the infrastructure improvements
for Lima Ola Workforce Housing Development Phase I, and to
authorize the County Clerk to sign the following legal documents
related to the DURF Loan:
• Loan Agreement;
• Mortgage, Security Agreement, and Financing
Statement;
• Note;
• Hazardous Materials Agreement; and
• Monitoring Agreement
I. CLAIM:
1. C 2018-236 Communication (10/03/2018) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Lisa Bargayo-Camalliri, for damage to her vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i.
COUNCIL MEETING AGENDA 4 OCTOBER 24, 2018
J. COMMITTEE REPORTS:
1. PLANNING COMMITTEE:
a. CR-PL 2018-10: on 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 Kaua`i
Planning Department, Applicant)
[Received for the Record.]
2. ECONOMIC DEVELOPMENT & INTERGOVERNMENTAL RELATIONS
COMMITTEE:
a. CR-EDIR 2018-04: on Bill No. 2720 A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 23, KAUAI
COUNTY CODE 1987, AS
AMENDED, RELATING TO
SUNSHINE MARKETS [Approved.]
3. COMMITTEE OF THE WHOLE:
a. CR-COW 2018-05: on 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
[Approved.]
K. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2723) — A BILL FOR AN ORDINANCE TO
AMEND SECTION 5A-1.1 OF THE KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAX
2. Proposed Draft Bill (No. 2724) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 15, ARTICLE 4, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO OUTDOOR SIGNS
_ _ a
COUNCIL MEETING AGENDA 5 OCTOBER 24, 2018
3. Proposed Draft Bill (No. 2725) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 7A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO AFFORDABLE HOUSING PRESERVATION
L. BILLS FOR SECOND READING:
1. 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 Kaua`i Planning Department,
Applicant) (See also CR-PL 2018-10; the Planning Committee recommended Bill
No. 2719 be received for the record.)
2. Bill No. 2720 — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 23, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
SUNSHINE MARKETS (See also CR-EDIR 2018-04; the Economic Development &
Intergovernmental Relations Committee recommended approval on second and final
reading.)
3. 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 (See also CR-COW 2018-05; the Committee of the Whole
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-969 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 in the litigation of Michael Sheehan
Kocher, Sr., vs. Kaua`i Police Department, et al., Civil No. 16-1-0108
(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.
COUNCIL MEETING AGENDA 6 OCTOBER 24, 2018
2. ES-970 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. 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.
3. ES-971 Pursuant to Hawai`i Revised Statutes (HRS) Sections 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, immunities, liabilities, claims, potential claims, as such
powers, duties, privileges, immunities, liabilities, claims, and/or
potential claims relate to the foregoing item, and to take such action as
the Council deems appropriate.
4. ES-972 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 update and request for authority to
settle the case of Michael Sheehan Kocher, Sr., et al. vs. Kauai Police
Department, et al., Civil No. 16-1-0108 (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.
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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This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7. 6Z: J d 81 130 8L
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October 24,2018 Council Meeting Agenda
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