HomeMy WebLinkAbout 02/06/2019 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, FEBRUARY 6, 2019
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LIHU`E, KAUA`I, HAwAI`I 96766
A. MEETING CALLED TO ORDER.
19 JAN 31 n 9 :20
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. INTERVIEWS:
1. BOARD OF WATER SUPPLY:
• Elesther Calipjo — Term ending 12/31/2021
2. CIVIL SERVICE COMMISSION:
• Beth Ann Tokioka — Term ending 12/31/2021
3. FIRE COMMISSION:
• Jennie Heatley Chahanovich — Term ending 12/31/2021
E. CONSENT CALENDAR:
1. C 2019-30 Communication (01/07/2019) from the Director of Finance,
transmitting for Council information, the Second Quarter
Statement of Equipment Purchases for Fiscal Year 2018-2019,
pursuant to Section 17 of Ordinance No. B-2018-841, relating to
the Operating Budget of the County of Kaua`i for Fiscal
Year 2018-2019.
2. C 2019-31 Communication (01/18/2019) from the County Attorney,
transmitting for Council information, the Quarterly Report on
Settled Claims filed against the County of Kaua`i from
October 1, 2018 through December 31, 2018.
COUNCIL MEETING AGENDA 2 FEBRUARY 6, 2019
3. C 2019-32 Communication (01/24/2019) from the Director of Finance,
transmitting for Council information, the Period 5 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget Report as of
November 30, 2018, pursuant to Section 21 of Ordinance
No. B-2018-841, relating to the Operating Budget of the County of
Kaua`i for Fiscal Year 2018-2019. (Copies of Period 5 Financial
Reports as of November 30, 2018 on file in the Office of the County
Clerk.)
F. COMMUNICATIONS:
1. C 2019-33 Communication (01/11/2019) from the Director of Economic
Development, requesting Council approval to apply for, receive,
and expend funds in the amount of $70,000.00, from the Hawai`i
Tourism Authority's (HTA) Community Enrichment Program, and
to indemnify HTA, for technical and non-substantive guidance for
Kaua`i and Ni`ihau applicants wanting to respond to Requests for
Proposals (RFPs) from the HTA; assistance in promotion of
programs; identification and recruitment of applicants for their
RFPs; and providing a work plan for program evaluation.
2. C 2019-34 Communication (01/14/2019) from the Deputy Fire Chief,
requesting Council approval, to accept a donation from the Kauai
Lifeguard Association (KLA) of one (1) new 2019 Yamaha jet ski
and trailer, valued at $18,409.23, which will benefit the Ocean
Safety Bureau and its patrol operations.
3. C 2019-35 Communication (01/15/2019) from the Executive on
Transportation, transmitting for Council consideration, A Bill For
An Ordinance Amending Ordinance No. B-2018-842, As Amended,
Relating To The Capital Budget Of The County Of Kaua`i, State
Of Hawai`i, For The Fiscal Year July 1, 2018 Through
June 30, 2019, By Revising The Amounts Estimated In The
Development Fund, to create a mechanism to accept funds for
islandwide bus stop/shelter improvements. (See Proposed Draft
Bill (No. 2734))
4. C 2019-36 Communication (01/24/2019) from Councilmember Brun and
Councilmember Chock, transmitting for Council consideration,
A Bill For An Ordinance Amending Section 8-1.5, Kaua`i County
Code 1987, As Amended, Relating To Guest House, to allow for a
kitchen in a Guest House. (See Proposed Draft Bill (No. 2735))
COUNCIL MEETING AGENDA 3 FEBRUARY 6, 2019
G. CLAIM:
1. C 2019-37 Communication (01/24/2019) from the County Clerk, transmitting
a claim filed against the County of Kaua`i by Joel Same, for
damage to his vehicle, pursuant to Section 23.06, Charter of the
County of Kaua`i.
H. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2734) — 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 DEVELOPMENT FUND (Islandwide Bus
Stops/Shelter Improvements - $84,000.00)
2. Proposed Draft Bill (No. 2735) — A BILL FOR AN ORDINANCE
AMENDING SECTION 8-1.5, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO GUEST HOUSE
I. 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-976 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4), and Kauai 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 the case of Rosalyn Martin v.
John Rego, Jr., County of Kaua`i, et al., Civil No. 18-1-0110 (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 4 FEBRUARY 6, 2019
2. ES-977 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 potential claim against Malia Emura for property damage arising
from the vehicle collision that occurred on October 3, 2017, 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-978 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and
92-5(a)(4) and (8), and Kaua`i County Charter Section 3.07(E), the
purpose of this Executive Session is to consult with the Council's legal
counsel to receive legal updates, overviews, and recommendations for
purposes of obtaining Council approval to settle a workers'
compensation claim. This deliberation and/or decision making involves
matters that require the consideration of information that must be
kept confidential due to significant privacy interests. The significant
privacy interests relate to a medical history, diagnosis, condition,
treatment, and evaluation. This information is protected from
disclosure pursuant to State or Federal law, including the Health
Insurance Portability and Accountability Act.
4. ES-979 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.
5. ES-980 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
obtain settlement authority of Dean Rogers' real property tax claim
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.
J. ADJOURNMENT.
COUNCIL MEETING AGENDA 5 FEBRUARY 6, 2019
K. 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.
Click on the link below for a PDF file of the posted agenda:
February 6,2019 Council Meeting Agenda
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https://www.kauai.gov/Calendar/ctl/V iewEvent/mid/3118/Occuranceld/2650 1/31/2019