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HomeMy WebLinkAbout 02/27/2013 Council COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, FEBRUARY 27, 21)113 r 21 Q 4 A6 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS -z, HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 209 Lihu`e, Kaua`i, Hawaii 96766 A. MEETING CALLED TO ORDER. B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. January 12, 2011 Public Hearing re: Bill No. 2393 2. May 25, 2011 Public Hearing re: C 2011-159 3. September 5, 2012 Public Hearing re: Bill No. 2443 4. January 30, 2013 Council Meeting 5. February 5, 2013 Special Council Meeting 6. February 13, 2013 Public Hearing re: Bill No. 2462 and Bill No. 2463 E. CONSENT CALENDAR: 1. C 2013-79 Communication (01/23/2013) from Councilmember Kagawa, transmitting for Council consideration, a Resolution supporting Kaua`i's fishermen, ocean gatherers, and recreational ocean users as it relates to their concerns with the Hawaiian Islands Humpback Whale Marine Sanctuary, which is currently in the process of updating its management plan, to include, but not be limited to, the addition of other species to be protected, and additional rules and regulations for activities within the Sanctuary boundaries. (See Resolution No. 2013-38) 2. C 2013-80 Communication (02/04/2013) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Pauline D. Ventura to the Liquor Control Commission of the County of Kaua`i — Term ending 12/31/2015. (See Resolution No. 2013-39) COUNCIL MEETING 2 FEBRUARY 27, 2013 / 3. C 2013-81 Communication (02/06/2013) from Council Vice Chair Nakamura and Councilmember Rapozo, transmitting for Council consideration, a Proposed Draft Bill Relating to the Identification of Licensed Electricians and Plumbers on Construction Job Sites in accordance with Hawai`i Revised Statutes (HRS) Section 444-9.5, to provide the Department of Public Works, Building Division with enforcement authority and to implement penalties for violations. (See Proposed Draft Bill (No. 2466)) 4. C 2013-82 Communication (02/07/2013) from Councilmember Yukimura, transmitting for Council consideration, a Proposed Draft Bill to allow homeowners who previously, but did not file for the additional Low Income Exemption to obtain a credit for the difference between the amount of Real Property Tax assessed on the homeowner's property for the 2013 Tax Year and the amount of the Real Property Tax that would have been assessed had the homeowner applied for the exemption. (See Proposed Draft Bill (No. 2467)) 5. C 2013-83 Communication (02/14/2013) from the Public Access, Open Space and Natural Resources Preservation Fund Commission's Vice Chair, transmitting for Council information, the Commission's 2012 Status Report, in conformance with the requirement of Ordinance 925, the County of Kaua`i, Public Access, Open Space, and Natural Resources Preservation Fund Commission. (Copies of the Public Access, Open Space, and Natural Resources Preservation Fund Commission 2012 Status Report on file in the County Clerk's Office). F. COMMUNICATIONS: 1. C 2013-70 Communication (01/29/2013) from the Deputy Director of Finance, transmitting for Council information, Period 1-5 Financial Reports — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of November 30, 2012, pursuant to Section 21 of the Fiscal Year 2012-2013 Operating Budget Ordinance No. B-2012-736 of the County of Kaua`i. (Copies of the Periods 1-5 Financial as of November 30, 2012 on file in the County Clerk's Office). (Deferred 02/13/2013) 2. C 2013-84 Communication (01/03/2013) from Council Vice Chair Nakamura, requesting the presence of the President and CEO of Kaua`i Planning & Action Alliance to provide a progress report and update on the Arts & Culture, Comprehensive Economic Development Strategy (CEDS) Project. COUNCIL MEETING 3 FEBRUARY 27, 2013 3. C 2013-85 Communication (01/31/2013) from the Executive on Aging, requesting Council approval to receive and expend State of Hawaii, Department of Health funds in the amount of$1,650.00 for lay leader training, monitoring/fidelity training, and an update training of newly revised Stanford University's Chronic Disease Self-Management Program (CDSMP) manuals for leaders. 4. C 2013-86 Communication (02/05/2013) from the Prosecuting Attorney, requesting Council approval to change the use of funds from the State of Hawaii, Department of Human Services, Office of Youth Services, Juvenile Accountability Block Grant (JABG) Program in the amount of $18,694.00, from the Keiki P.O.H.A.K.U. Program, to Kauai Teen Court. f 5. C 2013-87 Communication (02/05/2013) from the Housing Director, requesting Council approval, to sell a residential property situated at 3874 Hunakai Street, Lihu`e, Kauai, Hawaii, TMK: (4)3-3-008:019, at an affordable leasehold sales price of $305,000.00 or the appraised value, whichever is lower and to authorize the County Clerk to sign all legal documents relating to the sale of said property. The property was acquired utilizing the Neighborhood Stabilization Program Funds (NSP) which restricts sales to one hundred twenty percent (120%) and below of the Kauai Median Household Income. d' 6. C 2013-88 Communication (02/12/2013) from the Housing Director, requesting Council approval of a leasehold sale of a residential property situated at 5178 Kome Street, Kapa`a, Kauai, Hawaii to Kauai Economic Opportunity, Inc. (KEO), "as is" in the amount of$180,000.00 for a lease term of twenty (20) years and to authorize the County Clerk to sign all legal documents relating to the sale of said property. 7. C 2013-89 Communication (02/06/2013) from Council Chair Furfaro, requesting the presence of the Director of Planning to provide the Council with an update on the Transient Vacation Rental (TVR) Enforcement Initiatives of the Planning Department. COUNCIL MEETING 4 FEBRUARY 27, 2013 8. C 2013-90 Communication (02/14/2013) from the Prosecuting Attorney, requesting Council approval to apply, receive and expend Federal wa Hi h Safety grant funds from the State of Hawai`i Highway Y g Department of Transportation in the amount of $10,700.00 to be used towards travel and training. 9. C 2013-91 Communication (02/20/2013) from Council Chair Furfaro, requesting the presence of the County Engineer, to discuss the location of the "Speed Limit" signs along Lawa`i Road and related matters. G. LEGAL DOCUMENTS: / 1. C 2013-92 Communication (01/29/2013) from the Fire Chief, requesting Council approval to indemnify the Arch/Diocese, Saint Catherine's, Catholic Mutual and their employees and agents per acceptance of the indemnification language contained in the "Unaffiliated Organization Agreement" and the "Facility Use Indemnity Agreement," for the usage of Saint Catherine's facility for the Community Emergency Response Team (CERT) Training Program. / 2. C 2013-93 Communication (02/01/2013) from the Director of Finance and the IT Manager, requesting Council approval of the State Emergency Management System (EMS) Radio Site License Agreement to formalize the County's relationship with the State EMS public safety partners and their continued use of County radio sites. • License Agreement No. 8829 H. COMMITTEE REPORTS: 1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: . a. CR-PWPR 2013-04: on PWPR 2013-03 Communication (01/24/2013) from Committee Chair Kagawa, requesting the presence of the County Engineer, to provide an update on the plans for the location reviousl occupied b p Y occu ie p by Big Save, Inc., situated at 4444 Rice Street, Suite 301, Lihu`e. [Received for the Record.] COUNCIL MEETING 5 FEBRUARY 27, 2013 /h. CR-PWPR 2013-05: on Bill No. 2460 A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, ENTITLED "BUILDING CODE" [Approved as Amended.] c. CR-PWPR 2013-06: on Bill No. 2463 A BILL FOR AN ORDINANCE AMENDING SECTION 19-1.4, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PARKS AND RECREATION [Approved.] d. CR-PWPR 2013-07: on PWPR 2013-04 Communication (02/13/2013) from Committee Chair Kagawa, requesting the presence of the County Attorney and the Director of Parks & Recreation, to provide an overview and status of the terms and conditions involved in the UNITED STATES OF AMERICA VS. COUNTY OF KAUAI, CR. NO. 10-00614 (Newell's Shearwater Issue) [Received for the Record.] 2. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2013-03: on Bill No. 2462 AN ORDINANCE AMENDING ORDINANCE NO. B-2012-737 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS ESTIMATED IN THE BOND FUND (Hardy Street Improvements $740,000.00) [Approved.] I. RESOLUTIONS: 1. Resolution No. 2013-38 — RESOLUTION SUPPORTING KAUAI'S FISHERMEN, OCEAN GATHERERS, AND RECREATIONAL OCEAN USERS COUNCIL MEETING 6 FEBRUARY 27, 2013 2. Resolution No. 2013-39 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Pauline D. Ventura) J. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2466) — A BILL FOR AN ORDINANCE ESTABLISHING A NEW ARTICLE 7, CHAPTER 12, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO LICENSED ELECTRICAL AND PLUMBING WORKERS 2. Proposed Draft Bill (No. 2467) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO REAL PROPERTY TAX K. BILLS FOR SECOND READING: 1. Bill No. 2460, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 12, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, ENTITLED "BUILDING CODE" (See also CR-PWPR 2013-05; the Public Works/Parks & Recreation Committee recommended approval as amended to Bill No. 2460, Draft 1 on February 20, 2013.) 2. Bill No. 2462 — AN ORDINANCE AMENDING ORDINANCE NO. B-2012-737 AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2012 THROUGH JUNE 30, 2013, BY REVISING THE AMOUNTS ESTIMATED IN THE BOND FUND (Hardy Street Improvements $740,000.00) (See also CR-FED 2013-03; the Finance & Economic Development (Tourism / Visitor Industry / Agriculture / Food /Energy) & Intergovernmental relations Committee recommended approval on second on second and final reading.) 3. Bill No. 2463 — A BILL FOR AN ORDINANCE AMENDING SECTION 19-1.4, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO PARKS AND RECREATION (See also CR-PWPR 2013-06; the Public Works/Parks • & Recreation Committee recommended approval on second and final reading.) it L. 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 in the County Attorney's Office and/or the County Clerk's Office. Discussions held in Executive Session are closed to the public.) COUNCIL MEETING 7 FEBRUARY 27, 2013 1. ES-601 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 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 related to the procurement violation stated in the Management Advisory Report Finding 12-01 "Review Purchasing and Procurement Process of Independent Contractors" and related matters. 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. 2. ES-602 Pursuant to Hawai`i Revised Statutes (HRS) Section 92-4, 92-5(a)(4), and Section 3.07(E) of the Kaua`i County Charter, the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing regarding the claim against the County by Joseph Furfaro, filed on or about October 30, 2012, and previously on the Council's agenda as C 2012-441, and related matters. 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. 3. ES-603 Pursuant to Hawai`i Revised Statutes (HRS) Section 92-4, 92-5(a)(4), and Section 3.07(E) of the Kaua`i County Charter, the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing and update regarding the Puhi Metals Recycling Center issues and related matters. This briefing and consultation involved the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. --4. ES-604 Pursuant to Hawai`i Revised Statutes (HRS) Section 92-4, 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 on implementation of Bill No. 2439 relating to the Planning Department's civil fine authority and methods of investigations and related matters to address questions related to levying and collecting civil fines pursuant to Hawai`i Revised Statutes Section 46-1.5. 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. yea r COUNCIL MEETING 8 FEBRUARY 27, 2013 5. ES-605 Pursuant to Hawaii Revised Statutes (HRS) Section 92-4 and 92-5(a)(4) and (8); and Kauai County Charter §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 of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which p ursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. /6. ES-606 Pursuant to Hawaii Revised Statutes (HRS) Section 92-4 and 92-5(a)(4) and (8); and Kauai County Charter §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 obtainin g approval proposed Council a roval of ro osed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. 7. ES-607 Pursuant to Hawaii Revised Statutes (HRS) Section 92-4 and 92-5(a)(4) and (8); and Kauai County Charter §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 of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability 1 Act, are protected from disclosure. COUNCIL MEETING 9 FEBRUARY 27, 2013 ,S. ES-608 Pursuant to Hawai`i Revised Statutes (HRS) Section 92-4 and 92-5(a)(4) and (8); and Kaua`i County Charter §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 of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. 9. ES-609 Pursuant to Hawai`i Revised Statutes (HRS) Section 92-4 and 92-5(a)(4) and (8); and Kauai County Charter §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 of proposed settlement of a workers' compensation claim. This deliberation and/or decision making involves matters that require the consideration of information that must be kept confidential as, inter alia, it concerns significant privacy interests. The significant privacy interests relate to a medical history, diagnosis, condition, treatment, or evaluation, and which, pursuant to state or federal law, including Health Insurance Portability and Accountability Act, are protected from disclosure. M. ADJOURNMENT. N. 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.