HomeMy WebLinkAbout11/14/2018 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, NOVEMBER 14, 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 - :25
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B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. October 10, 2018 Council Meeting
2. October 10, 2018 Public Hearing re: Bill No. 2720 and Bill No. 2722
3. October 24, 2018 Council Meeting
E. CONSENT CALENDAR:
1. C 2018-237 Communication (10/05/2018) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Dean A. Pigao to the Police Commission — Term
ending 12/31/2020. (See Resolution No. 2018-37)
F. COMMUNICATIONS:
1. C 2018-238 Communication (09/25/2018) from the Acting Chief of Police,
requesting Council approval of the indemnification language
contained in the extension of software license agreement for law
enforcement participants of the Cellebrite UFED 4PC and Cloud
Analyzer, which provides the Kaua`i Police Department
authorized use and access to Cellebrite software updates, which
is required for court admissibility of the product usage.
• Cellebrite End User License Agreement
COUNCIL MEETING AGENDA 2 NOVEMBER 14, 2018
2. C 2018-239 Communication (09/26/2018) from the Acting Chief of Police,
requesting Council approval of the indemnification language
contained in the extension of software license agreement for law
enforcement participants of the MSAB XRY Logical & Physical
License Renewal and XRY Cloud License Renewal, which allows
the Kaua`i Police Department authorized use and access to
MSAB software updates, which is required for court
admissibility of the product usage.
• MSAB End User License Agreement
3. C 2018-240 Communication (10/12/2018) from the Director of Economic
Development, requesting Council approval to receive and expend
State funds, in the amount of $75,000.00, and to indemnify the
State of Hawai`i, Department of Agriculture, for maintenance of
the East Kaua`i irrigation system by the East Kaua`i Water
Users Cooperative
4. C 2018-241 Communication (10/18/2018) from the Executive on
Transportation, requesting Council approval to accept the
donation, valued at $23,000.00, of the following items from the
existing system provider RouteMatch, to optimize the use of the
software to serve the community and continue to develop the
tools utilized to effectively and efficiently serve the clients of The
Kaua`i Bus:
• Onsite Advance Consulting Services (ACG), valued at
$14,000; and
• Mobile Device Management System (MDM) and
associated Data Plan Upgrades, valued at $9,000.
5. C 2018-242 Communication (10/19/2018) from the Director of Finance and
the Housing Director, transmitting for Council consideration, a
Proposed Draft Bill to establish a new fund entitled the Special
State CIP Fund, contingent on funding provided through the
execution of the Dwelling Unit Revolving Fund (DURF) Building
Loan Agreement between the Hawai`i Housing Finance and
Development Corporation (HHFDC), pursuant to Hawai`i
Revised Statutes (HRS) Chapter 201H, and the County of
Kaua`i, as adopted by Kaua`i County Council Resolution
No. 2017-43, for the purposes of partially funding the Lima Ola
Workforce Housing Project. (See Proposed Draft
Bill (No. 2726))
COUNCIL MEETING AGENDA 3 NOVEMBER 14, 2018
6. C 2018-243 Communication (10/25/2018) from the Prosecuting Attorney,
requesting Council approval to receive and expend the
supplemental award, an increase of$30,052.00 from $135,285.00
to $165,337.00, from the Fiscal Year (FY) 2016 Edward J. Byrne
Memorial Justice Assistance Grant (JAG) Program/Grants,
contract 16-DJ-07, to continue the Sex Assault Prosecution Unit
to March 31, 2018. The current contract is set to expire on
December 31, 2018.
7. C 2018-244 Communication (10/25/2018) from the Prosecuting Attorney,
requesting Council approval to receive and expend the increase
in funds, from $75,000.00 to $100,000.00, from contract
DHS-16-OYS-624, from the State of Hawai`i, Office of Youth
Services, to continue the Kaua`i Teen Court program, which is
subcontracted to Hale `Opio Kaua`i, with a tentative time period
of December 1, 2018 to November 30, 2019.
8. C 2018-245 Communication (10/29/2018) from the Fire Chief, requesting
Council approval to apply for, receive, and expend the following
two (2) Federal Emergency Management Agency (FEMA)
Assistance to Firefighters Grants (AFG), if awarded, to fill the
gap in current operations:
• Initial Attack Mini-Pumper Vehicle for the isolated
rural community of Ha'ena-Wainiha, valued at
$297,000.00 of which AFG would cover $270,000.00
and the Kaua`i Fire Department (KFD) would be
responsible for the remaining $27,000.00, in a ninety
percent/ten percent (90%/10%) cost share; and
• Heavy-Rescue Extrication Equipment & Training.
The funding will be used to purchase Lithium-Ion
Battery-Operated Cordless Cutter/Spreader
Combination Units, Large/Heavy Commercial Vehicle
Strut Stabilization Systems, Lift Air Bags, and
NFPA 1670 compliant training to all KFD personnel.
The cost of the project is $212,000.00, of which AFG
would cover $192,728.00, and the KFD would be
responsible for the remaining $19,727.00, in a ninety
percent/ten percent (90%/10%) cost share.
9. C 2018-246 Communication (10/31/2018) from the Housing Director,
requesting Council approval to apply for, receive, and expend,
grant money from the United States Department of Housing and
Urban Development (HUD), in the amount of $144,000.00, for
the continuation of the two (2) Housing Choice Voucher Family
Self-Sufficiency (HCVFSS) Program Coordinators' salaries, and
to also indemnify HUD for the use of said funds.
COUNCIL MEETING AGENDA 4 NOVEMBER 14, 2018
10.C 2018-247 Communication (11/02/2018) from the Mayor, requesting Council
approval, to accept an in-kind donation valued at $7,396.58 from
Matson, Inc., and to hold harmless the same, to ship a 1991
Seagraves Fire Truck having a gross vehicle weight (GVW) of
40,500 lbs., length of 29 feet, width of 9 feet, and height of 9 feet 7
inches to the Los Angeles Port, California. The final destination of
the fire truck is the Municipality of Urdaneta, Province of
Pangasinan, Republic of Philippines.
11.C 2018-248 Communication (11/02/2018) from the Director of Finance and the
Acting County Engineer, transmitting for consideration, proposed
amendments to Ordinance No. B-2018-842, as amended, relating
to the Fiscal Year 2018-2019 Capital Improvement
Projects (CIP) Budget, to fund various Wastewater projects,
including National Pollutant Discharge Elimination
System (NPDES) Compliance, rehabilitation design work for
Wailua Sewer Pump Station 1, rehabilitation of Wailua Sewer
Pump Station 3, closed-circuit television (CCTV) system for the
Lihu`e Collection System, and Wailua Wastewater Treatment
Plant Improvements in the amount of $1,000,000.00.
(See Proposed Draft (No. 2727))
12.C 2018-249 Communication (11/02/2018) from the Director of Finance and the
Acting County Engineer, transmitting for Council consideration,
proposed amendments to Ordinance No. B-2018-842, as
amended, relating to the Fiscal Year 2018-2019 Capital
Improvement Projects (CIP) Budget, to fund the Kaua`i Fire
Department helicopter hangar and Kilauea/Kolo Road safety
design work, in the amount of $995,000.00. (See Proposed
Draft (No. 2728))
13. C 2018-250 Communication (11/02/2018) from the Director of Finance and
the Acting County Engineer, transmitting for Council
consideration, proposed amendments to Ordinance
No. B-2018-841, as amended, relating to the Fiscal
Year 2018-2019 Operating Budget and Ordinance No. 2018-842,
as amended, relating to the Fiscal Year 2018-2019 Capital
Improvement Projects (CIP) Budget, to fund the Phase II design
work of the Wailua Wastewater Treatment Plant Improvements,
National Pollutant Discharge Elimination System (NPDES)
compliance requirements, as mandated by the State Department
of Health, in the amount of $530,000.00. (See Proposed Draft
Bill (No. 2729) and Proposed Draft Bill (No. 2730))
COUNCIL MEETING AGENDA 5 NOVEMBER 14, 2018
G. LEGAL DOCUMENTS:
1. C 2018-251 Communication (10/18/2018) from the Acting County Engineer,
recommending Council approval of the State of Hawai`i
Department of Transportation Utility Agreement No. 2258
between the County of Kaua`i Department of Public Works and
the Department of Transportation, to document the removal and
relocation of the Wastewater Management Division sewer line
during the construction of the Hanapepe River bridge.
• Utility Agreement No. 2258
2. C 2018-252 Communication (10/24/2018) from the Director of Parks &
Recreation, recommending for Council approval, a License
between the County of Kaua`i and Club Moto Kaua`i, a Hawai`i
nonprofit corporation, for the Kalepa Motocross Track, Tax Map
Key (TMK): (4) 3-009-002:36 (por.), Lihu`e, Kaua`i, Hawai`i, for a
twenty (20) year license to develop, construct, use, and maintain a
new motocross track. Approval of the License is also requested.
• License
H. CLAIMS:
1. C 2018-253 Communication (10/19/2018) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Farmers Insurance, as subrogee of Loreto Pacol, for damages to
his vehicle, pursuant to Section 23.06, Charter of the County of
Kaua`i.
2. C 2018-254 Communication (10/29/2018) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Lana Papke, for damage to her vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i.
3. C 2018-255 Communication (10/29/2018) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Donna Kanahele, for damage to her vehicle, pursuant to
Section 23.06, Charter of the County of Kauai.
COUNCIL MEETING AGENDA 6 NOVEMBER 14, 2018
I. RESOLUTION:
1. Resolution No. 2018-37 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE POLICE COMMISSION (Dean A. Pigao)
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2726) — A BILL FOR AN ORDINANCE TO
AMEND 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 SPECIAL STATE CIP FUND (Special State
CIP Fund, Lima Ola Affordable Housing Project - $13,000,000.00)
2. Proposed Draft Bill (No. 2727) — 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 (Various Wastewater
Improvements - $1,000,000.00)
3. Proposed Draft Bill (No. 2728) — 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 GENERAL FUND-CIP
(Helicopter Hangar and Kilauea/Kolo Road Improvements - $995,000.00)
4. Proposed Draft Bill (No. 2729) — A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2018-841, AS AMENDED, RELATING TO THE
OPERATING 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 SEWER FUND (Wailua Wastewater
Treatment Plant Improvements (Operating Budget) - $530,000.00)
5. Proposed Draft Bill (No. 2730) — 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 SEWER TRUST FUND (Wailua
Wastewater Treatment Plant Improvements (CIP Budget) - $530,000.00)
COUNCIL MEETING AGENDA 7 NOVEMBER 14, 2018
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.)
1. 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. (Deferred October 24, 2018)
L. ADJOURNMENT.
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.gou/Council/PublicHearings
1. 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. Bill No. 2724 —A BILL FOR AN ORDINANCE AMENDING CHAPTER 15, ARTICLE 4,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO OUTDOOR SIGNS
3. Bill No. 2725 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 7A, KAUAI
COUNTY CODE 1987, AS AMENDED, RELATING TO AFFORDABLE HOUSING
PRESERVATION
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.
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This notice is intended to satisfy the notice requirement of Hawai'i Revised Statutes(HRS)Section 92-7.
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