HomeMy WebLinkAbout 09/11/2019 Notice and Agenda, Council Meeting F FJ EO
COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, SEPTEMBER 11, 2019
8:30 A.M. OR SOON THEREAFTE109 SEP -5 P 1 :48
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201 f Y ' { = '
LIHU`E, KAUAI, HAWAII 96766
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. SPECIAL ORDER OF THE DAY.
1. C 2019-194 Communication (08/22/2019) from Councilmember Chock and
Councilmember Kagawa, transmitting for Council consideration
the following measure for inclusion in the 2020 Hawai`i State
Association of Counties (HSAC) Legislative Package:
• A Bill for an Act Relating to the Employees' Retirement
System, to amend Hawai`i Revised Statutes (HRS)
Section 88-21.5(a) by reducing the amount of overtime
that can be considered "compensation" for the purpose of
calculating retirement benefits by fifty per cent (50%) of
overtime earned after June 30, 2020 for those who are
members before July 1, 2012. (Pursuant to Council
Rule No. 5(e), Council Absence, Tie Vote)
E. CONSENT CALENDAR:
1. C 2019-196 Communication (07/31/2019) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Katherine Lewi Otsuji to the Board of Review — Term
ending 12/31/2021. (See Resolution No. 2019-49)
COUNCIL MEETING AGENDA 2 SEPTEMBER 11, 2019
F. COMMUNICATIONS:
1. C 2019-193 Communication (08/15/2019) from Councilmember Chock and
Councilmember Evslin, transmitting for Council consideration the
following measures for inclusion in the 2020 Hawai`i State
Association of Counties (HSAC) Legislative Package and the 2020
County of Kaua`i Legislative Package:
• A Bill for An Act Relating to Highway Safety, to place
the responsibility on the seller of a motor vehicle to
properly report, in a timely manner, the transfer of
ownership of such vehicle to the director of finance;
and (See also CR-HIR 2019-01; the Housing &
Intergovernmental Relations Committee recommended
the measure be Received for the Record on
September 4, 2019.)
• A Bill for An Act Relating to Highway Safety, to
establish a new fee to be paid by U-drive motor
vehicles for each certificate of registration, which has
the effect of assessing all motor vehicles (including
U-drive motor vehicles) the same amount for
beautification and costs related to the disposition of
abandoned and derelict vehicles. (See also
CR-HIR 2019-01; the Housing & Intergovernmental
Relations Committee recommended approval of the
measure as amended for inclusion in the County of
Kauai Legislative Package and approval to forward
the measure as amended to HSAC for inclusion in the
HSAC Legislative Package on September 4, 2019.)
2. C 2019-197 Communication (08/15/2019) from the Executive on
Transportation, transmitting for Council consideration, A Bill
For An Ordinance Amending Chapter 17A, Kaua`i County
Code 1987, As Amended, Relating To County Bus Fares, And
Adding A New Chapter, Relating To County Bus And
Paratransit Code Of Conduct. (See Proposed Draft
Bill (No. 2758))
3. C 2019-198 Communication (08/15/2019) from the Executive on
Transportation, 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:
COUNCIL MEETING AGENDA 3 SEPTEMBER 11, 2019
• Payroll/Timesheets (Timesheets and Leave of Absence
forms from July 1, 2008 through June 30, 2012)
• Weekly Schedules/Daily Change Forms
(Driver/Dispatch/Mechanic Weekly Schedules and
Daily Change Forms for Payroll from July 1, 2010
through June 30, 2012)
• Severed Employees (Employee Files that resigned or
were terminated from July 1, 1995 through
June 30, 2010)
• Budget Files (All Budget Proposals and Related
Documents from Fiscal Year (FY) 2001 through
FY 2008)
• Fixed Asset Disposal (Disposal paperwork up until
FY 2012 from FY 2000 through FY 2012)
• Fixed Asset Inventory (Fixed Asset Inventory up until
2009 from FY 2004 through FY 2009)
• Legal Documents-(2 boxes) (Lawsuit for AnQuin 2010
for 2010)
• Grants 5310 & Federal/State (Federal and
State (5310) Grants from 1997 through 2004)
• UPW Strike (UPW Strike of 2000 for 2000)
• Paratransit Files (Miscellaneous Paratransit Files
from 1995 through 2008)
• Single Audit Reports (CAFR) (Audit Reports (CAFR)
from 2000 through 2008)
• CIP Contracts (Capital Improvement Projects from
2006 through 2008)
• Bus Bids (Bus Bids and Bid Specifications from
2006 through 2007)
• Administrative Documents (Miscellaneous documents
from 1994 through 2009)
• Fuel Receipts (Fuel Receipts for FY 2012 and
July 2012 )
• Grant Audits (Grant Audit Files for FY 2012)
• Baseyard Office Contracts (Contracts for Baseyard
Office and Facility from 1999 through 2010)
• Driver Shifts (Shift Selection Sign Up and Work
Schedules for FY 2004 through FY 2012)
• Interview Materials (Expired Interview Materials and
Applications for FY 2002 through FY 2012
• Salary/DPS Circulars/Union Documents (Salary
Documentation Purchasing Circulars Union
Documents from 1994 through 2009)
• Paratransit Client Files (Client Application and Files
from 1996 through 2012)
COUNCIL MEETING AGENDA 4 SEPTEMBER 11, 2019
4. C 2019-199 Communication (08/21/2019) from the Deputy County Engineer,
requesting Council approval to accept a donation from
Elemental Excelerator of four (4) Juicebox Pro 40c electric
vehicle chargers valued at $999.00 each, for a total of $3,996.00,
which will be utilized by the Department of Public Works, Roads
Division to replace existing broken chargers which will be
attached to existing pedestals in the Pi`ikoi Parking Lot, the
donation is exclusive of the following:
• $10.00/month software cost per charger; and
• Estimated shipping costs of$150.00.
5. C 2019-200 Communication (08/22/2019) from the Mayor, transmitting for
Council consideration the following measures for inclusion in the
2020 Hawai`i State Association of Counties (HSAC) Legislative
Package and the 2020 County of Kaua`i Legislative Package:
• A Bill for An Act Relating to Registration of Vehicles,
Amends Hawai`i Revised Statutes (HRS) Section 286,
to allow the Director of Finance to require payment of
outstanding charges owed to the County for towing,
removal, or disposal of an abandoned or derelict
vehicle within the County before renewal or issuance
of a Motor Vehicle Certificate of Registration; and
• A Bill for An Act Relating to Tort Liability, to provide
an exemption from Tort Liability for the State and
Counties arising from Lifeguard Services, except for
Gross Negligence, Wanton Acts, or Omissions.
6. C 2019-201 Communication (08/27/2019) from the County Attorney,
requesting Council authorization to expend funds up to
$50,000.00, to retain Special Counsel to represent the County of
Kaua`i in general civil litigation matters. The representation
will include cases in Federal Court, the State Courts,
administrative contested cases, agency hearings, and
arbitrations.
7. C 2019-202 Communication (08/28/2019) from the Prosecuting Attorney,
requesting Council approval to receive and expend Federal
funds, in the amount of $27,055.00, from the Edward J. Byrne
Memorial Justice Assistance Grant (JAG) Fiscal Year 2019
Local Solicitation Grant, to continue employment of the 1.00
Full-Time Equivalent (FTE) Process Server to continue process
serving for the Office of the Prosecuting Attorney, purchase
office supplies, and allow officers of the Kaua`i Police
Department to attend training sessions. The grant will
commence October 1, 2018 through September 30, 2022.
COUNCIL MEETING AGENDA 5 SEPTEMBER 11, 2019
8. C 2019-203 Communication (08/28/2019) from the Prosecuting Attorney,
requesting Council approval to receive and expend an
increase of $11,658.00, from $199,727.00 to $211,385.00, for
contract 16-DJ-07, from the State of Hawai`i, Department of the
Attorney General, to continue the Sexual Assault Prosecution
Unit to April 30, 2020.
G. LEGAL DOCUMENT:
1. C 2019-204 Communication (08/26/2019) from the Deputy County Engineer,
recommending Council approval of the following Property
Adjustment Agreements for the Lihu`e Town Core Mobility and
Revitalization Project — TGR-0700(073):
• Property Adjustment Agreement by and between the
County of Kaua`i and Carvalho Enterprises Inc.,
4302 Rice Street, Tax Map Key (TMK)
No. (4) 3-6-003:014; and
• Property Adjustment Agreement by and between the
County of Kaua`i and Satta Gumi LLC, 2991 Umi
Street, TMK No. (4) 3-6-007:024.
H. CLAIMS:
1. C 2019-205 Communication (08/20/2019) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Richard Jasper on behalf of Sun Village-Kaua`i, for damage to
their property, pursuant to Section 23.06, Charter of the County
of Kaua`i.
2. C 2019-206 Communication (08/26/2019) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Tamara Chapman, for reimbursement of funds due to the
increase in her water bill, pursuant to Section 23.06, Charter of
the County of Kaua`i.
3. C 2019-207 Communication (08/26/2019) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by Waste
Management of Hawai`i Inc., for damage to their vehicle,
pursuant to Section 23.06, Charter of the County of Kaua`i.
4. C 2019-208 Communication (08/26/2019) from the County Clerk,
transmitting a claim filed against the County of Kaua`i by
Allstate Insurance as subrogee for Dwight and Penny
Matsushima, for damage to their vehicle, pursuant to
Section 23.06, Charter of the County of Kaua`i.
COUNCIL MEETING AGENDA 6 SEPTEMBER 11, 2019
I. COMMITTEE REPORTS:
1. PLANNING COMMITTEE:
a. CR-PL 2019-10: on Bill No. 2757 A BILL FOR AN ORDINANCE
AMENDING ZONING MAPS AND
DESIGNATIONS IN THE SOUTH
KAUAI COMMUNITY PLAN
(County of Kauai Planning
Department, Applicant) [Approved as
Amended.]
2. HOUSING & INTERGOVERNMENTAL RELATIONS COMMITTEE:
a. CR-HIR 2019-01: on C 2019-193 Communication (08/15/2019) from
Councilmember Chock and
Councilmember Evslin, transmitting
for Council consideration the following
measures for inclusion in the
2020 Hawai`i State Association of
Counties (HSAC) Legislative Package
and the 2020 County of Kaua`i
Legislative Package:
• A Bill for An Act Relating to
Highway Safety, to place the
responsibility on the seller of a
motor vehicle to properly report, in
a timely manner, the transfer of
ownership of such vehicle to the
director of finance; and
[Received for the Record.]
• A Bill for An Act Relating to
Highway Safety, to establish a new
fee to be paid by U-drive motor
vehicles for each certificate of
registration, which has the effect of
assessing all motor vehicles
(including U-drive motor vehicles)
the same amount for beautification
and costs related to the disposition
of abandoned and derelict vehicles.
[Approved the measure as
amended for inclusion in the
County of Kaua`i Legislative
Package and approved to
forward the measure as
amended to HSAC for inclusion
in the HSAC Legislative
Package.]
COUNCIL MEETING AGENDA 7 SEPTEMBER 11, 2019
J. RESOLUTION:
1. Resolution No. 2019-49 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF REVIEW (Katherine Lewi Otsuji)
K. BILL FOR FIRST READING:
1. Proposed Draft Bill (No. 2758) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO COUNTY BUS FARES, AND ADDING A NEW CHAPTER,
RELATING TO COUNTY BUS AND PARATRANSIT CODE OF CONDUCT
L. BILL FOR SECOND READING:
1. Bill No. 2757, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
ZONING MAPS AND DESIGNATIONS IN THE SOUTH KAUAI COMMUNITY
PLAN (County of Kauai Planning Department, Applicant) (See also
CR-PL 2019-10; the Planning Committee recommended approval as amended to
Bill No. 2757, Draft 1 on September 4, 2019.)
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.)
1. ES-1004 Pursuant to Hawai`i Revised Statutes Sections (HRS) 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 case of Brandi Sabedra v. County of Kaua`i, Civil No. RC 19-1-0366
(District Court of the Fifth Circuit), 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-1005 Pursuant to Hawai`i Revised Statutes Sections (HRS) 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 on the retention of Special Counsel
to represent the County of Kauai in general civil litigation matters.
The representation will include cases in Federal Court, the State
Courts, administrative contested cases, agency hearings, and
arbitrations. 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 8 SEPTEMBER 11, 2019
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This notice is intended to satisfy the notice requirement of Hawaii Revised Statutes(HRS)Section 92-7.
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September 11.2019 Council Meeting Agenda
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