HomeMy WebLinkAbout 05/29/2019 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, MAY 29, 2019
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING '19 Tf 23 A 1 :16
4396 RICE STREET, SUITE 201
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. Minutes of the April 10, 2019 Council Meeting
2. Minutes of the May 8, 2019 Public Hearing re: Resolution No. 2019-23,
Bill No. 2738, and Bill No. 2739
E. INTERVIEWS:
1. CIVIL SERVICE COMMISSION:
• Ricky R. Watanabe —Term ending 12/31/2022
2. CHARTER REVIEW COMMISSION:
• Reid R. Kawane — Term ending 12/31/2022
F. CONSENT CALENDAR:
1. C 2019-110 Communication (05/08/2019) from the Mayor, submitting his
Supplemental Budget Communication for Fiscal Year 2019-2020
and Proposed Amendments to the Budget Bills, pursuant to
Section 19.02A of the Kaua`i County Charter. (Public hearing
held May 22, 2019)
COUNCIL MEETING AGENDA 2 MAY 29, 2019
2. C 2019-111 Communication (05/06/2019) from Council Chair Kaneshiro,
providing written disclosure of a possible conflict of interest and
recusal relating to Agenda item C 2019-108, "Right-of-Entry
Agreement by and between the County of Kaua`i and Grove
Farm Company, Inc., TMK No. (4) 2-8-005:006," due to his
employment with Grove Farm Company, Inc.
3. C 2019-112 Communication (05/08/2019) from the Director of Finance,
transmitting for Council information, the Condition of the
County Treasury Statement quarterly report as of
February 5, 2019.
4. C 2019-113 Communication (05/09/2019) from Councilmember Cowden,
providing written disclosure of a possible conflict of interest and
recusal relating to Agenda item C 2019-102, a request for
Council approval to accept a donation from the Russian Center
New York for travel-related expenses (approximately
$2,000 - $3,000) to participate in a peace conference as part of a
delegation from the United States of America to Vologda,
Russia.
5. C 2019-114 Communication (05/16/2019) from the Director of Finance,
transmitting for Council information, the Period 7 Financial
Reports — Statement of Revenues, Statement of Expenditures and
Encumbrances, Revenue Report, and Detailed Budget Report as of
January 31, 2019, 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 7 Financial
Reports as of January 31, 2019 on file in the Office of the County
Clerk.)
6. C 2019-115 Communication (05/16/2019) from the Hawai`i State Association
of Counties (HSAC) President, transmitting for Council
approval, HSAC's Fiscal Year 2020 Proposed Operating Budget,
and HSAC's Board of Director nominations for the National
Association of Counties (NACo) and the Western Interstate
Region (WIR) for the 2019-2020 term, pursuant to Section 5,
Section 5A, and Section 5C of the Bylaws of the Hawai`i State
Association of Counties, Inc. (See Resolution No. 2019-36 and
Resolution No. 2019-37)
COUNCIL MEETING AGENDA 3 MAY 29, 2019
G. COMMUNICATIONS:
1. C 2019-116 Communication (04/16/2019) from Ka aina S. Hull, Clerk of the
Planning Commission, transmitting the Planning Commission's
recommendation to amend Chapter 8, Kaua`i County Code 1987,
as amended, relating to Zoning Designation in Puhi, Kaua`i.
(Copies of the Draft Minutes of the April 9, 2019 Planning
Commission Meeting; Director's Report; Supplement #1 to the
Director's Report; and Proposed Amendment to Zoning
Map ZM-P 400, on file in the Office of the County Clerk.)
(See Proposed Draft Bill (No. 2752))
2. C 2019-117 Communication (04/24/2019) from the Deputy County Engineer,
requesting Council approval to apply for, receive, and expend
State funds in the anticipated amount of $461,000.00, from the
State of Hawai`i Department of Health (DOH), and to indemnify
the State DOH for the Fiscal Year 2020 grant cycle for the HI-5
Deposit Beverage Container Program ($301,000.00) and the
Electronic Waste Recycling Program ($160,000.000).
3. C 2019-118 Communication (05/03/2019) from the Mayor, transmitting for
Council consideration, the cost items for the United Public
Workers (UPW) Bargaining Unit 1 for the period July 1, 2019
through June 30, 2021, the additional terms of the Collective
Bargaining Agreement affecting the last two (2) years of the
contract were recently ratified by the employees of Bargaining
Unit 1. (See Proposed Draft Bill (No. 2753))
4. C 2019-119 Communication (05/08/2019) from the Deputy Fire Chief,
requesting Council approval, to accept a donation from the
Friends of Kaua`i Fire Department, of a Low Altitude Rapid
Opening (LARO) parachute system, valued at $7,519.00, for the
County of Kaua`i Fire Department.
5. C 2019-120 Communication (05/16/2019) from the Director of Planning,
requesting Council approval, to receive and expend
Federal/State funds for the Hawai`i Coastal Zone
Management (CZM) Program in an amount up to $335,236.00,
and to indemnify the State of Hawai`i in accordance with the
State of Hawaii General Conditions (AG-008 103D) for
administering the subject program. The pass-through funding
will be utilized to continue the implementation of the CZM
Program on Kaua`i commencing July 1, 2019 to June 30, 2020.
Funding will be expended on salaries/wages, travel, equipment,
and supplies for the CZM Program, specifically for the
implementation and enforcement of the Special Management
Area Rules and Regulations of the County of Kaua`i and
Shoreline Setback provisions of Chapter 8 of the Kaua`i County
Code.
COUNCIL MEETING AGENDA 4 MAY 29, 2019
6. C 2019-121 Communication (05/17/2019) from the Director of Finance,
requesting Council approval, to apply, receive, and expend
Federal Emergency Management Agency (FEMA) funding to
defer disaster related costs due to Hurricane Lane which
occurred in August 2018. The total amount of public assistance
requested for Hurricane Lane is $2,590,206.22.
H. LEGAL DOCUMENT:
1. C 2019-122 Communication (05/02/2019) from the Mayor, requesting
Council approval of Dedication Deed (Kohea Lot — Lot 3B (Sewer
Pump Station)) from D.R. Horton — Schuler Homes, LLC, to the
County of Kauai, located at Hanama`ulu, Lihu`e, Hawaii, Tax
Map Key (TMK) No. (4) 3-7-003-030 (por.).
• Dedication Deed
I. CLAIMS:
1. C 2019-123 Communication (05/06/2019) from the County Clerk,
transmitting a claim filed against the County of Kauai by
Jennifer Tomacder parent of Xoen Duarte, for personal injury,
pursuant to Section 23.06, Charter of the County of Kauai.
2. C 2019-124 Communication (05/09/2019) from the County Clerk,
transmitting a claim filed against the County of Kauai by
James Vaughn, for damage to his vehicle, pursuant to
Section 23.06, Charter of the County of Kauai.
3. C 2019-125 Communication (05/13/2019) from the County Clerk,
transmitting a claim filed against the County of Kauai by
Carlos Canales, for damage to his vehicle, pursuant to
Section 23.06, Charter of the County of Kauai.
4. C 2019-126 Communication (05/21/2019) from the County Clerk,
transmitting a claim filed against the County of Kauai by
Darrel D. Perry, for lost of income, constructive discharge, and
impugned reputation, pursuant Section 23.06, Charter of the
County of Kauai.
COUNCIL MEETING AGENDA 5 MAY 29, 2019
J. COMMITTEE REPORTS:
1. COMMITTEE OF THE WHOLE:
a. CR-COW 2019-10: on COW 2019-01 Communication (05/13/2019) from
Committee of the Whole
Chair Kaneshiro, transmitting the
proposed increases to, deductions
from, and other proposed amendments
(plus/minus sheets) to the Mayor's
Fiscal Year 2019-2020 Annual
Operating and Capital Improvement
Projects Budgets. [Received for the
Record.]
b. CR-COW 2019-11: on Resolution No. 2019-23 RESOLUTION
ESTABLISHING THE REAL
PROPERTY TAX RATES
FOR THE FISCAL YEAR
JULY 1, 2019 TO
JUNE 30, 2020 FOR THE
COUNTY OF KAUAI
[Approved.]
c. CR-COW 2019-12: on Bill No. 2738 A BILL FOR AN ORDINANCE
RELATING TO THE OPERATING
BUDGET AND FINANCING
THEREOF FOR FISCAL YEAR
JULY 1, 2019 TO JUNE 30, 2020
(Fiscal Year 2019-2020 Operating
Budget) [Approved as Amended.]
d. CR-COW 2019-13: on Bill No. 2739 A BILL FOR AN ORDINANCE
RELATING TO CAPITAL
IMPROVEMENTS AND FINANCING
THEREOF FOR THE FISCAL YEAR
JULY 1, 2019 TO JUNE 30, 2020
(Fiscal Year 2019-2020 CIP Budget)
[Approved as Amended.]
K. RESOLUTIONS:
1. Resolution No. 2019-23 — RESOLUTION ESTABLISHING THE
REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2019 TO
JUNE 30, 2020 FOR THE COUNTY OF KAUAI (See also CR-COW 2019-11; the
Committee of the Whole recommended approval on May 22, 2019.)
COUNCIL MEETING AGENDA 6 MAY 29, 2019
2. Resolution No. 2019-36 — RESOLUTION APPROVING THE FISCAL
YEAR 2020 PROPOSED OPERATING BUDGET FOR THE HAWAII STATE
ASSOCIATION OF COUNTIES
3. Resolution No. 2019-37 — RESOLUTION APPROVING NOMINEES TO
THE NATIONAL ASSOCIATION OF COUNTIES BOARD OF DIRECTORS AND
NOMINEES TO THE WESTERN INTERSTATE REGION BOARD OF DIRECTORS
FOR FISCAL YEAR 2020
L. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2752) — A BILL FOR AN ORDINANCE
AMENDING ZONING DESIGNATION IN PUHI, KAUAI (Island School,
Applicant) (ZA-2019-2)
2. Proposed Draft Bill (No. 2753) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 1 BETWEEN JULY 1, 2019 AND JUNE 30, 2021
M. BILLS FOR SECOND READING:
1. Bill No. 2738, Draft 1 — A BILL FOR AN ORDINANCE RELATING
TO THE OPERATING BUDGET AND FINANCING THEREOF FOR FISCAL
YEAR JULY 1, 2019 TO JUNE 30, 2020 (Fiscal Year 2019-2020 Operating Budget)
(See also CR-COW 2019-12; the Committee of the Whole recommended approval as
amended to Bill No. 2738, Draft 1 on May 22, 2019.)
2. Bill No. 2739, Draft 1 — A BILL FOR AN ORDINANCE RELATING
TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL
YEAR JULY 1, 2019 TO JUNE 30, 2020 (Fiscal Year 2019-2020 CIP Budget) (See
also CR-COW 2019-13; the Committee of the Whole recommended approval as
amended to Bill No. 2738, Draft 1 on May 22, 2019.)
N. 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.)
COUNCIL MEETING AGENDA 7 MAY 29, 2019
1. ES-992 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 matter of County of Kaua`i
vs. KAPHA North Shore, LLC, Civil No. 18-1-0031 (Fifth 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.
O. ADJOURNMENT.
P. 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 in 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.gov/Council/PublicHearings
1. Bill No. 2746 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8 AND
CHAPTER 10 OF THE KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO
ENFORCEMENT, LEGAL PROCEDURES,AND PENALTIES
2. Bill No. 2747 —A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 14,
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PUBLIC ACCESS,
OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND
3. Bill No. 2748 — A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE
BARGAINING AGREEMENT FOR BARGAINING UNIT 11 BETWEEN JULY 1, 2019
AND JUNE 30, 2021
Q. 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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• May 29,2019 Council Meeting Agenda
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