HomeMy WebLinkAbout01/29/2020 Notice and Agenda, Council Meeting COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, JANUARY 29, 2020
8:30 A.M. OR SOON THEREAFTER JAN 23 P12 :08
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201t.
•
LIHU`E, KAUAI, HAWAII 96766 t.; " '
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meeting of the Council:
1. January 16, 2020 Public Hearing re: Bill No. 2766 and Bill No. 2767
E. CONSENT CALENDAR:
1. C 2020-19 Communication (11/29/2019) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Melvin I. Chiba to the Planning Commission (Environmental) —
Term ending 12/31/2022. (See Resolution No. 2020-05)
2. C 2020-20 Communication (12/06/2019) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee John
Latkiewicz to the Board of Ethics — Term ending 12/31/2022.
(See Resolution No. 2020-06)
3. C 2020-21 Communication (01/13/2020) from Charles A. Foster, Deputy
County Attorney, transmitting for Council information, the
Quarterly Report on Settled Claims filed against the County of
Kauai from October 1, 2019 through December 31, 2019.
COUNCIL MEETING AGENDA 2 JANUARY 29, 2020
4. C 2020-22 Communication (01/13/2020) from the Deputy County Engineer,
transmitting for Council consideration, a Resolution
Establishing School Zones With 15-Mile Per Hour (MPH) Speed
Limits On Portions Of Kekaha Road And Kala Road, Waimea
District, County Of Kauai. (See Resolution No. 2020-07)
5. C 2020-23 Communication (01/13/2020) from the Deputy County Engineer,
transmitting for Council consideration, a Resolution
Establishing A Crosswalk On Hokua Road At Pu`u Road, Koloa
District, County Of Kaua`i. (See Resolution No. 2020-08)
6. C 2020-24 Communication (01/14/2020) from the Deputy County Engineer,
transmitting for Council consideration, a Resolution
Establishing A No-Parking Zone At The Intersection Of Mano
Street And Hanalima Street, Lihu`e District, County Of Kaua`i.
(See Resolution No. 2020-09)
7. C 2020-25 Communication (01/14/2020) from the Deputy County Engineer,
transmitting for Council consideration, a Resolution
Establishing A New Maximum Speed Limit And Repealing
Existing Speed Restrictions Along Alahula Road, Waimea
District, County Of Kauai. (See Resolution No. 2020-10)
8. C 2020-26 Communication (01/14/2020) from the Deputy County Engineer,
transmitting for Council consideration, a Resolution
Establishing Turn Lanes On Hanama`ulu Road At Kuhio
Highway, Lihu`e District, County Of Kaua`i. (See Resolution
No. 2020-11)
9. C 2020-27 Communication (01/15/2020) from the Director of Finance,
transmitting for Council information, the Period 1 through 3
Financial Reports — Statements of Revenues (Estimated and
Actual), Statements of Expenditures and Encumbrances,
Revenue Reports, and Detailed Budget Report for the
period July 1, 2019 through September 30, 2019, pursuant
to Section 21 of Ordinance No. B-2019-856, relating to the
Operating Budget of the County of Kauai for Fiscal
Year 2019-2020. (Copies of the Periods 1 through 3 Financial
Reports for the Period July 1, 2019 through September 30, 2019
on file in the Office of the County Clerk.)
COUNCIL MEETING AGENDA 3 JANUARY 29, 2020
10. C 2020-28 Communication (01/17/2020) from Councilmember Kuali`i and
Councilmember Cowden, transmitting for Council consideration,
a Resolution Urging The Hawaii State Legislature To Provide
Foreclosure Parity To Native Hawaiian Beneficiaries Of The
Hawaiian Homes Commission Act Of 1920. (See Resolution
No. 2020-12)
11.C 2020-29 Communication (01/21/2020) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Carolyn R. Larson (History) to the Kauai Historic Preservation
Review Commission for a partial term ending 12/31/2022. This
communication supersedes the transmittal dated 12/03/2019 in
which an incorrect term ending date was stated. (See
Resolution No. 2020-13)
F. COMMUNICATIONS:
1. C 2020-30 Communication (12/24/2019) from Council Chair Kaneshiro,
requesting the presence of the Managing Director, Director of
Finance, and representatives from N&K CPAs, Inc., to discuss the
Comprehensive Annual Financial Report (CAFR), Single Audit
Reports, and Management Advisory Report for the Fiscal Year
Ended June 30, 2019. (Copies of the CAFR, Single Audit Reports,
and Management Advisory Report for the Fiscal Year Ended
June 30, 2019 on file in the Office of the County Clerk.)
2. C 2020-31 Communication (01/02/2020) from the Prosecuting Attorney,
requesting Council approval to receive and expend funds, in
the amount of $39,584.00, for contract DHS-20-OYS-037, from
the State of Hawaii, Office of Youth Services, to continue the
Kauai Teen Court program, which is subcontracted to Hale
`Opio Kauai, for a tentative time period of December 1, 2019 to
June 30, 2021.
3. C 2020-32 Communication (01/09/2020) from the Deputy County Engineer,
transmitting for Council consideration, A Bill For An Ordinance
To Amend Ordinance No. B-2019-856, As Amended, Relating
To The Operating Budget Of The County Of Kauai, State Of
Hawaii, For The Fiscal Year July 1, 2019 Through June 30, 2020,
By Revising The Amounts Estimated In The Solid Waste
Fund, to appropriate $1,312,000.00 for the Kekaha Landfill
transition costs and equipment through the end of the fiscal year.
(See Proposed Draft Bill (No. 2770))
COUNCIL MEETING AGENDA 4 JANUARY 29, 2020
4. C 2020-33 Communication (01/13/2020) from the Acting Director of Human
Resources, transmitting for Council consideration, the cost items
for Hawaii Government Employees Association (HGEA)
Bargaining Unit 3 for the period July 1, 2019 to June 30, 2021,
pursuant to Hawaii Revised Statutes (HRS) Section 89-11 and
Kaua`i County Charter Section 19.13B. The terms of the
Collective Bargaining Agreement were recently ratified by the
employees of Bargaining Unit 3. (See Proposed Draft Bill
(No. 2771))
5. C 2020-34 Communication (01/15/2020) from the Director of Parks. &
Recreation, transmitting for Council consideration, A Bill For
An Ordinance To Amend Ordinance No. B-2019-856, As
Amended, Relating To The Operating Budget Of The County Of
Kaua`i, State Of Hawai`i, For The Fiscal Year July 1, 2019
Through June 30, 2020, By Revising The Amounts Estimated
In The General Fund, and A Bill For An Ordinance To
Amend Ordinance No. B-2019-857, As Amended, Relating To The
Capital Budget Of The County Of Kauai, State Of Hawai`i, For
The Fiscal Year July 1, 2019 Through June 30, 2020, By Revising
The Amounts Estimated In The General Fund CIP, to support the
Kapa'a Swimming Pool Renovation project. (See Proposed Draft
Bill (No. 2772) and Proposed Draft Bill (No. 2773))
6. C 2020-35 Communication (01/16/2020) from the Director of Parks &
Recreation, requesting Council approval to receive a grant of
services, totaling $7,500.00, from Beyond Pesticides, a nonprofit
headquartered in Washington D.C., whose mission is to educate
public officials and municipal parks departments in the United
States by promoting alternative pest management strategies in an
effort to reduce or eliminate the use of toxic products, to be used to
create an action plan and train Department of Parks & Recreation
employees at the Kapa'a Beach Park and Captain Cook Park
(adjacent to Waimea High School) in organic turf and landscape
management practices.
7. C 2020-36 Communication (01/16/2020) from Councilmember Kuali`i and
Council Chair Kaneshiro, transmitting for Council consideration,
A Bill For An Ordinance Amending Chapter 7A, Kaua`i County
Code 1987, As Amended, Relating To The Housing Policy For The
County Of Kauai, to reflect the findings and recommendations
contained in the June 17, 2019 Workforce Housing Nexus and
Financial Feasibility Analysis. (See Proposed Draft Bill
(No. 2774))
COUNCIL MEETING AGENDA 5 JANUARY 29, 2020
G. LEGAL DOCUMENT:
1. C 2020-37 Communication (01/13/2020) from the Deputy County Engineer,
recommending Council approval of a Right-of-Entry Agreement,
the associated indemnity provision, and mutually agreed upon
applicable lease extensions between the County of Kauai and the
State of Hawaii, Agribusiness Development Corporation, on State
lands situated at Tax Map Key (TMK) No. (4) 1-2-002:001,
Kekaha, Kauai, Hawaii, to allow the County to operate the
Mobile Kekaha HI5 Certified Redemption Center on Wednesdays
and Sundays from 8:00 a.m. to 4:00 p.m.
• Right-of-Entry Agreement
H. CLAIMS:
1. C 2020-38 Communication (01/13/2020) from the County Clerk,
transmitting a claim filed against the County of Kauai by
Glen Antony Silva, for personal injuries and medical bills,
pursuant to Section 23.06, Charter of the County of Kauai.
2. C 2020-39 Communication (01/15/2020) from the County Clerk,
transmitting a claim filed against the County of Kauai by
Charlene Ventura, for damages to her vehicle, pursuant to
Section 23.06, Charter of the County of Kauai.
3. C 2020-40 Communication (01/17/2020) from the County Clerk,
transmitting a claim filed against the County of Kauai by
Tracy Lee Capman, for damages to her vehicle, pursuant to
Section 23.06, Charter of the County of Kauai.
4. C 2020-41 Communication (01/17/2020) from the County Clerk,
transmitting a claim filed against the County of Kauai by
Rebecca Stulpe, for damages to her vehicle, pursuant to
Section 23.06, Charter of the County of Kauai.
COUNCIL MEETING AGENDA 6 JANUARY 29, 2020
I. COMMITTEE REPORTS:
1. PLANNING COMMITTEE:
a. CR-PL 2020-01: on Bill No. 2764 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 8, KAUA`I
COUNTY CODE 1987, AS AMENDED,
RELATING TO CLASS IV ZONING
PERMITS OF THE COMPREHENSIVE
ZONING ORDINANCE (County of
Kauai, Applicant) (ZA-2020-3)
[Approved.]
2. FINANCE & ECONOMIC DEVELOPMENT COMMITTEE:
a. CR-FED 2020-01: on Bill No. 2767 A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUA`I
COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY
TAXES [Approved as Amended.]
3. COMMITTEE OF THE WHOLE:
a. CR-COW 2020-01: on Bill No. 2765 A BILL FOR AN ORDINANCE
AMENDING ORDINANCE
NO. B-2019-856, AS AMENDED,
RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUA`I,
STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2019 THROUGH
JUNE 30, 2020, BY REVISING THE
AMOUNTS ESTIMATED IN THE
HOUSING DEVELOPMENT FUND
(Waimea Parcel Mowing, Canal Cleaning,
and Security-$230,000.00) [Approved.]
b. CR-COW 2020-02: on Bill No. 2766 A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE
BARGAINING AGREEMENT FOR
BARGAINING UNIT 2 BETWEEN
JULY 1, 2019 AND JUNE 30, 2021
[Approved.]
COUNCIL MEETING AGENDA 7 JANUARY 29, 2020
J. RESOLUTIONS:
1. Resolution No. 2020-05 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Melvin I. Chiba —
Environmental)
2. Resolution No. 2020-06 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF ETHICS (John Latkiewicz)
3. Resolution No. 2020-07 — RESOLUTION ESTABLISHING SCHOOL
ZONES WITH 15-MILE PER HOUR (MPH) SPEED LIMITS ON PORTIONS OF
KEKAHA ROAD AND KALA ROAD, WAIMEA DISTRICT, COUNTY OF KAUAI
4. Resolution No. 2020-08 — RESOLUTION ESTABLISHING A
CROSSWALK ON HOKUA ROAD AT PU`U ROAD, KOLOA DISTRICT, COUNTY
OF KAUAI
5. Resolution No. 2020-09 — RESOLUTION ESTABLISHING A
NO-PARKING ZONE AT THE INTERSECTION OF MANO STREET AND
HANALIMA STREET, LIHU`E DISTRICT, COUNTY OF KAUAI
6. Resolution No. 2020-10 — RESOLUTION REPEALING SECTION XVI,
ITEM 7 OF RESOLUTION NO. 54-91, RELATING TO SPEED LIMITS FOR
COUNTY ROADWAYS IN THE COUNTY OF KAUAI, STATE OF HAWAII, AND
ESTABLISHING A NEW MAXIMUM SPEED LIMIT OF TWENTY MILES PER
HOUR (20 MPH) ALONG ALAHULA ROAD, WAIMEA DISTRICT, COUNTY OF
KAUAI
7. Resolution No. 2020-11 — RESOLUTION ESTABLISHING TURN
LANES ON HANAMAULU ROAD AT KUHIO HIGHWAY LIHU`E DISTRICT,
COUNTY OF KAUAI
8. Resolution No. 2020-12 — RESOLUTION URGING THE HAWAII
STATE LEGISLATURE TO PROVIDE ADEQUATE FORECLOSURE
PROTECTION FOR NATIVE HAWAIIAN BENEFICIARIES OF THE HAWAIIAN
HOMES COMMISSION ACT OF 1920
COUNCIL MEETING AGENDA 8 JANUARY 29, 2020
9. Resolution No. 2020-13 - RESOLUTION AMENDING RESOLUTION
NO. 2020-02, RELATING TO A MAYORAL APPOINTMENT TO THE KAUAI
HISTORIC PRESERVATION REVIEW COMMISSION (Carolyn R. Larson -
History)
K. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2770) - A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2019-856, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2019 THROUGH JUNE 30, 2020, BY REVISING
THE AMOUNTS ESTIMATED IN THE SOLID WASTE FUND (Kekaha Landfill
Transition Funding and Equipment-$1,312,000.00)
2. Proposed Draft Bill (No. 2771) - A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 3 BETWEEN JULY 1, 2019 AND JUNE 30, 2021
3. Proposed Draft Bill (No. 2772) - A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2019-856, AS AMENDED, RELATING TO THE
OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2019 THROUGH JUNE 30, 2020, BY REVISING
THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Kapa`a Swimming Pool
Renovation (Operating Budget) -$750,000.00)
4. Proposed Draft Bill (No. 2773) - A BILL FOR AN ORDINANCE
AMENDING ORDINANCE NO. B-2019-857, AS AMENDED, RELATING TO THE
CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR
THE FISCAL YEAR JULY 1, 2019 THROUGH JUNE 30, 2020, BY REVISING
THE AMOUNTS ESTIMATED IN THE GENERAL FUND-CIP (Kapa`a Swimming
Pool Renovation (CIP Budget) -$1,000,000.00)
5. Proposed Draft Bill (No. 2774) - A BILL FOR AN ORDINANCE
AMENDING CHAPTER 7A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO THE HOUSING POLICY FOR THE COUNTY OF KAUAI
L. BILLS FOR SECOND READING:
1. Bill No. 2764 - A BILL FOR AN ORDINANCE AMENDING
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING
TO CLASS IV ZONING PERMITS OF THE COMPREHENSIVE ZONING
ORDINANCE (County of Kauai, Applicant) (ZA-2020-3) (See also CR-PL 2020-01;
the Planning Committee recommended approval on second and final reading.)
COUNCIL MEETING AGENDA 9 JANUARY 29, 2020
2. Bill No. 2765 — A BILL FOR AN ORDINANCE AMENDING
ORDINANCE NO. B-2019-856, AS AMENDED, RELATING TO THE OPERATING
BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2019 THROUGH JUNE 30, 2020, BY REVISING THE AMOUNTS
ESTIMATED IN THE HOUSING DEVELOPMENT FUND (Waimea Parcel
Mowing, Canal Cleaning, and Security — $230,000.00) (See also CR-COW 2020-01;
the Committee of the Whole recommended approval on second and final reading.)
3. Bill No. 2766 — A BILL FOR AN ORDINANCE APPROVING A
COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 2
BETWEEN JULY 1, 2019 AND JUNE 30, 2021 (See also CR-COW 2020-02; the
Committee of the Whole recommended approval on second and final reading.)
4. Bill No. 2767, Draft 1 — A BILL FOR AN ORDINANCE AMENDING
CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO
REAL PROPERTY TAXES (See also CR-FED 2020-01; the Finance & Economic
Development Committee recommended approval as amended to Bill No. 2767, Draft 1
on January 22, 2020.)
M. 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-1015 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4,
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 in the matter of Matthew
Mannisto, Esq., as Personal Representative of the Estate of
Leslie Gae Lutao, Deceased, et al. vs. County of Kauai, et al., Civil
No. 19-1-0107 JKW (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 10 JANUARY 29, 2020
5. ES-1016 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4,
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 in the matter of
Roy Gal vs. County of Kauai, Kauai Police Department, et al.,
Civil No. CV20-00011 JMS-WRP (U.S. District 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.
6. ES-1017 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and Kauai 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 to discuss the feasibility of conducting a
performance audit of the Department of Water, 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.
7. ES-1018 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4,
92-5(a)(4), and Kauai 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
consideration of the powers, duties, privileges, immunities, and/or
liabilities of the Council and the County as they relate to this agenda
item.
8. ES-1019 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4,
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 obtain settlement authority of Vincente Agcaoili, Cristeta Agcaoili,
and Evangelyn Agacaoili's 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.
N. ADJOURNMENT.
COUNCIL MEETING AGENDA 11 JANUARY 29, 2020
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Kauai County Council, Council/Committee Meeting Date/Time
Wednesday,January 29,2020 Wednesday,January 29,2020
Hawaiian Standard Time
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January 29,2020 Council Meeting Agenda
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