HomeMy WebLinkAbout12/19/2018 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, DECEMBER 19, 201 $ C 13 P12 :52
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
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HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201 L"„'- 4 "C ,-
LIHU'E, KAUAI, HAWAII 96766
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. November 14, 2018 Council Meeting
2. December 3, 2018 Inaugural Meeting
E. CONSENT CALENDAR:
1. C 2019-03 Communication (12/07/2018) from Derek S.K. Kawakami,
Mayor, transmitting for Council consideration and confirmation,
the following Mayoral reappointments to various Boards and
Commissions for the County of Kaua`i:
a. Board of Ethics
• Mia R. Shiraishi — Term ending 12/31/2021
b. Charter Review Commission
• Virginia M. Kapali — Term ending 12/31/2021
c. Civil Service Commission
• Fely L. Faulkner — Term ending 12/31/2021
d. Cost Control Commission
• Tyler R. Rodighiero — Term ending 12/31/2021
COUNCIL MEETING AGENDA 2 DECEMBER 19, 2018
e. Fire Commission
• Alfredo C. Garces — Term ending 12/31/2021
• Thomas M. Nizo — Term ending 12/31/2021
f. Liquor Control Commission
• William F. Gibson — Term ending 12/31/2021
• Gary A. Pacheco — Term ending 12/31/2021
g. Planning Commission
• Glenda Y. Nogami Streufert (At-Large) — Term
ending 12/31/2021
• Donna A. Apisa (Business) — Term ending
12/31/2021
h. Police Commission
• Kevin T. Mince — Term ending 12/31/2021
• Catherine A. Adams — Term ending 12/31/2021
• Mary K. Hertog— Term ending 12/31/2021
(See Resolution No. 2019-04, Resolution No.
2019-05, Resolution No. 2019-06, Resolution
No. 2019-07, Resolution No. 2019-08,
Resolution No. 2019-09, Resolution No.
2019-10, Resolution No. 2019-11, Resolution
No. 2019-12, Resolution No. 2019-13,
Resolution No. 2019-14, Resolution No.
2019-15, and Resolution No. 2019-16)
2. C 2019-04 Communication (12/04/2018) from Council Chair Kaneshiro,
transmitting for Council consideration, a Resolution appointing
Ross Kagawa as Kaua`i's representative and Arthur Brun as
alternate to the Executive Committee of the Hawai`i State
Association of Counties (HSAC). (See Resolution No. 2019-17)
F. COMMUNICATIONS:
1. C 2019-05 Communication (11/20/2018) from Janine M.Z. Rapozo, Director
of Human Resources, requesting Council approval to indemnify
the State of Hawai`i, Department of Education (DOE), for the
use of various DOE school cafeterias and restroom facilities,
including, but not limited to the following locations: Elsie H.
Wilcox Elementary School, Kaua`i High School, Chiefess
Kamakahelei Middle School, King Kaumuali`i Elementary
School, Waimea High School, and Kapa'a Elementary School,
which will be used by the Department of Human Resources for
testing purposes in calendar year 2019.
COUNCIL MEETING AGENDA 3 DECEMBER 19, 2018
2. C 2019-06 Communication (11/21/2018) from Michael M. Contrades, Acting
Chief of Police, requesting Council approval of a reallocation of
$110,000.00 of unexpended salaries from the budget of the
Kaua`i Police Department, for the procurement of a Rapid DNA
analysis system.
3. C 2019-07 Communication (11/26/2018) from Kanani Fu, 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
1332-B Kamalu Road, Kapa'a Hawai`i, 96746, Tax
Map Key (TMK): (4) 4-4-5-13 CPR 2, for a purchase
price of not more than $549,000.00, based on the fee
simple market appraisal, which will be obtained as
part of this transaction;
b. Resale by leasehold of 1332-B Kamalu Road, Kapa'a
Hawai`i, 96746, for not more than the leasehold
market appraisal, which will be obtained as part of
this transaction; and
c. Authorize the County Clerk to sign legal documents
related to the acquisition and resale transactions.
4. C 2019-08 Communication (11/28/2018) from Leonard A. Rapozo, Jr., then
Director of Parks and Recreation, requesting Council approval of
an Adopt-A-Park Agreement with Halau Ka Lei Mokihana o
Leind'ala, for the stewardship of a 1.182 acre parcel in
Hanapepe, Kaua`i, Tax Map Key (TMK) (4) 1-8-008:063.
5. C 2019-09 Communication (12/04/2018) from Ludvina K. Takahashi,
Executive on Aging, requesting Council approval, to accept an
in-kind donation valued at $400.00, from Elena Anderton,
Owner of Kaua`i Island Shuttle, for transportation services for
senior volunteers from the west side and Lihu`e to attend the
annual Retired and Senior Volunteer Program (RSVP)
recognition luncheon on December 14, 2018 at the Aqua Kaua`i
Beach Resort.
6. C 2019-10 Communication (12/04/2018) from Ludvina K. Takahashi,
Executive on Aging, requesting Council approval to receive and
expend a one-time Criminal History Check (CHC) Surge
Augmentation of $500.00 in federal funds, which are in addition
to the annual federal base funding for the Retired and Senior
Volunteer Program (RSVP) 2018.
COUNCIL MEETING AGENDA 4 DECEMBER 19, 2018
7. C 2019-11 Communication (12/06/2018) from Robbie Melton, Director of
Economic Development, requesting Council approval to apply
for, receive, and expend funds from the Hawai`i Tourism
Authority, in a total amount of $42,049.48, to support funding
for the continuation of coordination of cruise ship greetings at
the Nawiliwili Harbor for Calendar Year 2019, and to indemnify
the State of Hawai`i.
8. C 2019-12 Communication (12/07/2018) from Kanani Fu, Housing Director,
requesting Council approval to execute the Owner's/Borrower's
Affidavit and to indemnify First American Title Insurance
Company for the Lima Ola Workforce Housing Development in
`Ele`ele (Tax Map Key (TMK) 4-2-1-001-054) and to authorize
the County Clerk to sign the First American Title Insurance
Company Owner's/Borrower's Affidavit.
G. LEGAL DOCUMENT:
1. C 2019-13 Communication (11/26/2018) from Lyle Tabata, Acting County
Engineer, recommending Council approval of the Department of
Hawaiian Home Lands (DHHL) License No. 824, for a perpetual
easement (Easement AU-1) for roadway purposes along the
Aliomanu Road Repair and Revetment Project. Indemnification of
DHHL is also requested.
• License No. 824 (Tax Map Key (TMK) Fourth Division
(4) 4-8-018:032 (por))
H. CLAIMS:
1. C 2019-14 Communication (11/20/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of
Kauai by Preston K. Brede, for damage to his vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i.
2. C 2019-15 Communication (11/27/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of
Kaua`i by Sandra Ishii, for damage to her vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i.
3. C 2019-16 Communication (11/30/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of
Kaua`i by Geico Insurance as subrogee for John Rull, for damage
to his vehicle, pursuant to Section 23.06, Charter of the County of
Kaua`i.
COUNCIL MEETING AGENDA 5 DECEMBER 19, 2018
4. C 2019-17 Communication (12/04/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of
Kaua`i by Loreto Pacol, for damage to his vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i.
5. C 2019-18 Communication (12/07/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of
Kaua`i by Eunice M. Apeles, for damage to her vehicle, pursuant
to Section 23.06, Charter of the County of Kaua`i.
6. C 2019-19 Communication (12/10/2018) from Jade K. Fountain-Tanigawa,
County Clerk, transmitting a claim filed against the County of
Kaua`i by Daniel G. Hempey, Esq., for Brandi Sabedra, for
personal injury, pursuant to Section 23.06, Charter of the County
of Kaua`i.
I. COMMITTEE REPORTS:
1. PUBLIC WORKS & VETERANS SERVICES COMMITTEE:
a. CR-PWVS 2019-01: on PWPR 2018-09 Communication (11/02/2018) from
Committee Chair Kagawa, requesting
the presence of the Acting County
Engineer, to provide a briefing on the
wastewater spill that occurred on
November 1, 2018 near the northern
Leho Drive intersection. [Received
for the Record.]
2. PLANNING COMMITTEE:
a. CR-PL 2019-01: on PL 2019-01 Communication (12/04/2018) from
Committee Chair Chock, requesting_ the
presence of Ambyr Mokiao-Lee, Rapid `Ohi`a
Death Statewide Outreach Coordinator,
Research Corporation of the University of
Hawai`i, to provide a briefing explaining
what Rapid `Ohi`a Death is and its impact on
Kaua`i. [Received for the Record.]
J. RESOLUTIONS:
1. Resolution No. 2019-04 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE BOARD OF ETHICS (Mia R. Shiraishi)
COUNCIL MEETING AGENDA 6 DECEMBER 19, 2018
2. Resolution No. 2019-05 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CHARTER REVIEW COMMISSION
(Virginia M. Kapali)
3. Resolution No. 2019-06 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (Fely L. Faulkner)
4. Resolution No. 2019-07 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE COST CONTROL COMMISSION
(Tyler R. Rodighiero)
5. Resolution No. 2019-08 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE FIRE COMMISSION (Alfredo C. Garces)
6. Resolution No. 2019-09 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE FIRE COMMISSION (Thomas M. Nizo)
7. Resolution No. 2019-10 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION
(William F. Gibson)
8. Resolution No. 2019-11 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION
(Gary A. Pacheco)
9. Resolution No. 2019-12 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE PLANNING COMMISSION (Glenda Y. Nogami
Streufert —At-Large)
10. Resolution No. 2019-13 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE PLANNING COMMISSION (Donna A. Apisa —
Business)
11. Resolution No. 2019-14 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Kevin T. Mince)
COUNCIL MEETING AGENDA 7 DECEMBER 19, 2018
12. Resolution No. 2019-15 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Catherine A. Adams)
13. Resolution No. 2019-16 — RESOLUTION CONFIRMING MAYORAL
REAPPOINTMENT TO THE POLICE COMMISSION (Mary K Hertog)
14. Resolution No. 2019-17 — RESOLUTION APPOINTING ROSS
KAGAWA AS REPRESENTATIVE AND ARTHUR BRUN AS ALTERNATE TO
THE EXECUTIVE COMMITTEE OF THE HAWAII STATE ASSOCIATION OF
COUNTIES
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-974 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 at mediation 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-975 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
and immunities and/or liabilities, claims and/or potential claims, as
such powers, duties, privileges and immunities, and/or liabilities,
claims and or potential claims relate to the foregoing item, and to take
such action as the Council deems appropriate.
L. ADJOURNMENT.
COUNCIL MEETING AGENDA 8 DECEMBER 19, 2018
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. 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. 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. 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. 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. 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)
6. Bill No. 2731 — 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
GENERAL FUND (Kauai Fire Department — Two (2) Full-Time Ocean Safety Officer II
and One(1) Ocean Safety Officer I Positions)
COUNCIL MEETING AGENDA 9 DECEMBER 19, 2018
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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Event Detail
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Kauai County Council,Council/Committee Meeting Date/Time
Wednesday,December 19,2018 Wednesday,December 19,2018
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Meetings of the Kauai County Council are typically held each Wednesday(unless otherwise noted) Venue
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for any additional information.
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This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7. +' Pv
Click on the link below for a PDF file of the posted agenda: .-- ,.t iV
December 19,2018 Council Meeting Agenda
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