HomeMy WebLinkAbout 07/17/2019 Notice and Agenda, Council Meeting ° _
COUNCIL
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, JULY 17, 2019
8:30 A.M. OR SOON THEREAFTER 19 AL 11 P1 27
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
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. May 29, 2019 Council Meeting
2. June 13, 2019 Council Meeting
3. June 26, 2019 Public Hearing re: Bill No. 2752 and Bill No. 2753
E. INTERVIEW:
1. PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES
PRESERVATION FUND COMMISSION:
• Taryn A. M. Dizon (Waimea / Kekaha) — Term
ending 12/31/2021
F. CONSENT CALENDAR:
1. C 2019-157 Communication (06/03/2019) from the Boards & Commissions
Administrator, transmitting for Council consideration,
amendments to the term ending dates for the following Mayoral
appointments:
a. Civil Service Commission
• Ricky R. Watanabe —Term ending 12/31/2021
b. Charter Review Commission
• Reid R. Kawane — Term ending 12/31/2021
(See Resolution No. 2019-42 and
Resolution No. 2019-43)
COUNCIL MEETING AGENDA 2 JULY 17, 2019
2. C 2019-158 Communication (06/17/2019) from the Deputy County Engineer,
transmitting for Council consideration, a Resolution
Establishing Two Crosswalks And Repealing An Existing
Crosswalk On Kekaha Road In The Vicinity Of Kekaha
Elementary School, Waimea District, County Of Kaua`i.
(See Resolution No. 2019-44)
3. C 2019-159 Communication (06/24/2019) from the Deputy County Engineer,
transmitting for Council consideration, a Resolution Authorizing
The Mayor Or The Director Of Finance Of The County Of Kaua`i
To Enter Into An Intergovernmental Agreement With The State
Of Hawai`i, Department Of Health For A Loan From The State
Water Pollution Control Revolving Fund For The Lihu`e
Wastewater Treatment Plant (WWTP) Process Improvements,
Project No. C150059-20. (See Resolution No. 2019-45)
4. C 2019-160 Communication (06/24/2019) from the Boards & Commissions
Administrator, transmitting for Council consideration, the
following Mayoral appointments to the various Boards and
Commissions of the County of Kaua`i:
a. Public Access, Open Space, Natural Resources
Preservation Fund Commission
• Taryn A. M. Dizon (Waimea / Kekaha) — Term
ending 12/31/2021
b. Historic Preservation Review Commission
• Stephen Wesley Long (Planning) — Term
ending 12/31/2021
(See Resolution No. 2019-46 and Resolution
No. 2019-47)
5. C 2019-161 Communication (07/05/2019) from Mark L. Ishmael, Deputy
County Attorney, transmitting for Council information, the
Quarterly Report on Settled Claims filed against the County of
Kaua`i from April 1, 2019 through June 30, 2019.
COUNCIL MEETING AGENDA 3 JULY 17, 2019
G. COMMUNICATIONS:
1. C 2019-162 Communication (05/28/2019) from the Deputy Fire Chief,
requesting Council approval of the indemnification provisions
contained in the Department of Education Application for Use of
School Buildings, Facilities, or Grounds relating to: Hanalei,
Kilauea, Koloa, Kalaheo, and `Ele`ele Elementary Schools;
Kapa`a, Waimea and Kaua`i High Schools; and Waimea Canyon
and Kapa'a Middle Schools, to conduct the Community
Emergency Response Training (CERT) program.
2. C 2019-163 Communication (06/03/2019) from Councilmember Evslin,
requesting agenda time for Paul H. Brewbaker, Principal of TZ
Economics, to provide a briefing on overtourism and possible
market-based mechanisms to achieve balance.
3. C 2019-164 Communication (06/19/2019) from Bryson Ponce, Assistant Chief
of Police, Investigative Services Bureau, requesting Council
approval to accept and expend Fiscal Year (FY) 2017 Stop
Violence Against Women Formula Grant funds, in the amount
of $65,731.00, for the Sexual Assault Nurse Examiner (SANE)
Exams, supportive funding, and DNA Analysis programs for the
term commencing July 1, 2019 to May 31, 2020, and approval to
contract with and indemnify the State of Hawaii Department of
the Attorney General.
4. C 2019-165 Communication (06/20/2019) from the Deputy County Engineer,
requesting Council approval to accept a donation of pothole
material from Ted Kawahinehelelani Blake, valued at $3,816.81,
which will be expended by the Department of Public Works,
Roads Division and used to test the product for pothole repair.
5. C 2019-166 Communication (06/20/2019) from Elliott Ke, Captain, Kauai
Police Department, requesting Council approval to accept and
expend funding from the Enhanced 911 (E-911) Board as follows:
a. $723,677.00 for annual recurring expenditures to run
911 services in the Kaua`i Police Department's (KPD's)
primary Communications Center and the Alternate
Dispatch Center (ADC), and travel expenses for
designees to attend monthly board meetings on O`ahu
and board-approved training available out-of-state;
and
b.
c. $300,000.00 for KPD's Alternate Dispatch Center
relocation project, which is included in the E-911
Board 5-year Strategic Budget Plan for Fiscal
Year 2020.
COUNCIL MEETING AGENDA 4 JULY 17, 2019
6. C 2019-167 Communication (06/24/2019) from the Acting Director of Human
Resources, requesting Council approval to dispose of the
following government records, pursuant to Hawai`i Revised
Statutes (HRS) Section 46-43 and Resolution No. 2008-39 (2008)
as amended, which have been kept for over seven (7) years and
are no longer of use or value:
• General Correspondence (General letters and memos
received from internal and external departments and
agencies prior to 2011)
• Payroll Records (Timesheets, Payroll Registers,
Payroll Accruals, Payroll Hours Proof Listing, Payroll
Distribution, Payroll Check Registers, Garnishments,
and Leave Documents prior to 2011)
• Recruitment and Exams (Job Applications, Job
Announcements, Vacancy Reports, Written Exams,
and Leave Documents prior to 2011)
• OSHA Forms (OSHA Logs, Summaries, and
Supplementary Records prior to 2011)
• Workers' Compensation (WC) Records (WC claims
prior to 2010) (last payment longer than 8 years)
• Official Personnel Folders (Personnel files for
terminated employees prior to 1988) (30-year
retention)
7. C 2019-168 Communication (07/08/2019) from Councilmember Evslin and
Councilmember Chock, transmitting for Council consideration,
A Bill For An Ordinance Amending Section 5A-1.1, Kaua`i
County Code 1987, As Amended, Relating To Real Property Tax
Definitions. (See Proposed Draft Bill (No. 2756))
H. CLAIM:
1. C 2019-169 Communication (06/17/2019) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Esaki
Surveying and Mapping, Inc., for damage to their vehicle,
pursuant to Section 23.06, Charter of the County of Kaua`i.
I. COMMITTEE REPORTS:
1. PUBLIC WORKS & VETERANS SERVICES COMMITTEE:
a. CR-PWVS 2019-04: on Bill No. 2612 A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 14, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO THE PLUMBING
CODE [Approved as Amended.]
COUNCIL MEETING AGENDA 5 JULY 17, 2019
2. PLANNING COMMITTEE:
a. CR-PL 2019-07: on Bill No. 2752 A BILL FOR AN ORDINANCE
AMENDING ZONING
DESIGNATION IN PUHI, KAUAI
(Island School, Applicant) (ZA-2019-2)
[Approved.]
3. COMMITTEE OF THE WHOLE:
a. CR-COW 2019-15: on 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
[Approved.]
J. RESOLUTIONS:
1. Resolution No. 2019-42 — RESOLUTION AMENDING RESOLUTION
NO. 2019-38 TO CORRECT THE TERM ENDING DATE FOR A MAYORAL
APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Ricky R. Watanabe)
2. Resolution No. 2019-43 — RESOLUTION AMENDING RESOLUTION
NO. 2019-39 TO CORRECT THE TERM ENDING DATE FOR A MAYORAL
APPOINTMENT TO THE CHARTER REVIEW COMMISSION (Reid R. Kawane)
3. Resolution No. 2019-44 — RESOLUTION ESTABLISHING TWO
CROSSWALKS AND REPEALING AN EXISTING CROSSWALK ON KEKAHA
ROAD IN THE VICINITY OF KEKAHA ELEMENTARY SCHOOL, WAIMEA
DISTRICT, COUNTY OF KAUAI
4. Resolution No. 2019-45 — RESOLUTION AUTHORIZING THE
MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO
ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE
OF HAWAII, DEPARTMENT OF HEALTH FOR A LOAN FROM THE STATE
WATER POLLUTION CONTROL REVOLVING FUND FOR THE LIHU`E
WASTEWATER TREAMENT PLANT (WWTP) PROCESS IMPROVEMENTS,
PROJECT NO. C150059-20
COUNCIL MEETING AGENDA 6 JULY 17, 2019
5. Resolution No. 2019-46 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL
RESOURCES PRESERVATION FUND COMMISSION (Taryn A. M. Dizon —
Waimea / Kekaha)
6. Resolution No. 2019-47 —RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW
COMMISSION (Stephen Wesley Long—Planning)
K. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2756) — A BILL FOR AN ORDINANCE
AMENDING SECTION 5A-1.1, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAX DEFINITIONS
L. BILLS FOR SECOND READING:
1. Bill No. 2612, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
PLUMBING CODE (See also CR-PWVS 2019-04; the Public Works & Veterans
Services Committee recommended approval as amended to Bill No. 2612, Draft 1 on
July 10, 2019.)
2. Bill No. 2752 — A BILL FOR AN ORDINANCE AMENDING ZONING
DESIGNATION IN PUHI, KAUAI (Island School, Applicant) (ZA-2019-2) (See also
CR-PL 2019-07; the Planning Committee recommended approval on second and
final reading.)
3. 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 (See also CR-COW 2019-15; the
Committee of the Whole recommended approval on second and final reading.)
M. EXECUTIVE SESSION: Pursuant to Hawaii 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 JULY 17, 2019
1. ES-995 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
N. ADJOURNMENT.
O. 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. 2693 — A BILL FOR AN ORDINANCE AMENDING SUBSECTION 8-15.1(d),
KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ADDITIONAL
DWELLING UNIT ON OTHER THAN RESIDENTIALLY ZONED LOTS
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*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:
July 17,2019 Council Meeting Agenda
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https://www.kauai.gov/Calendar/ctl/ViewEvent/mid/3118/Occuranceld/2690 7/11/2019