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HomeMy WebLinkAbout 04/10/2013 Council Agenda RECFIVE0 COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, APRIL 10, 2013 '13 APR -4 P3 :08 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 209 C O3 P J` CQI��I i 1 Lihu`e, Kaua`i, Hawai`i 96766 A. MEETING CALLED TO ORDER. B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: /1. February 27, 2013 Council Meeting 2. March 13, 2013 Public Hearing re: Bill No. 2465 E. CONSENT CALENDAR: /1. C 2013-148 Communication (03/21/2013) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Angela M. Anderson to the Planning Commission of the County of Kaua`i (Environmentalist) — Term ending 12/31/2013. (See Resolution No. 2013-48) 2. C 2013-149 Communication (03/27/2013) from Council Vice Chair Nakamura, providing written disclosure of a possible conflict of interest and recusal, relating to Agenda Items C 2013-118 and Resolution No. 2013-44, Authorizing The Filing Of The Kaua`i County 2013 Action Plan (HOME Investment Partnerships Program) With The Department Of Housing And Urban Development, United States Of America, For A Grant Under Title II Of The Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625), As Amended, as her husband's law firm will be performing work on one of the proposed projects. COUNCIL MEETING 2 APRIL 10, 2013 /3. C 2013-150 Communication (03/28/2013) from Council Vice Chair Nakamura, providing written disclosure of a possible conflict of interest and recusal, relating to any and all Budget matters regarding the Office of Boards and Commissions, due to her husband's law firm's work with this Office. F. COMMUNICATIONS: 1. C 2013-101 Communication (01/12/2013) from the County Engineer, requesting agenda time to discuss the temporary closure of `Eiwa Street at the Rice Street intersection starting in late March or early April 2013 to provide additional parking during the construction of the Lihu`e Civic Center Site, Americans with Disabilities Act (ADA) Improvements Project. (Deferred 03/13/2013) 2. C 2013-151 Communication (03/05/2013) from Council Vice Chair Nakamura and Councilmember Rapozo, requesting Council consideration to release the County Attorney opinion dated February 21, 2013 relating to a legal review of the proposed draft bill regarding Electrical and Plumbing Workers. 3. C 2013-152 Communication (03/12/2013) from the Director of Economic Development, requesting Council approval to allow the Kaua i Independent Food Bank (KIFB) to redirect County Grant Funding in the amount of $28,000.00 from its operating expenses item in the Supplemental Nutrition Assistance Program (SNAP) Electronic Benefit Transfer (EBT) Program budget to pay for personnel expenses in FY 2012-2013. /4. C 2013-153 Communication (03/18/2013) from the Chief, Roads Division, Department of Public Works, requesting Council approval to include the resurfacing of Ola Road, Waimea, at an estimated cost of $110,000.00 to the present Islandwide Road Resurfacing list. 5. C 2013-154 Communication (03/18/2013) from the Fire Chief, requesting Council approval to apply, receive, and expend the Assistance to Firefighters Grant (AFG) Operations and Safety Program funds in the amount of $495,228.00 to purchase ten (10) base station radios with ten (10) base station antennas, twenty-seven (27) mobile radios, one hundred seventeen (117) portable radios, and two hundred thirty-four (234) portable radio batteries. • COUNCIL MEETING 3 APRIL 10, 2013 6. C 2013-155 Communication (03/27/2013) from Council Chair Furfaro, requesting Council consideration of the following: (1) HSAC/NACo/WIR Representatives for Fiscal Year 2013-2014: (a) Hawai`i State Association of Counties (HSAC) • Mel Rapozo — Representative • Ross Kagawa—Alternate (b) National Association of Counties (NACo) Board of Director • Gary L. Hooser— Representative (c) Western Interstate Region (WIR) Board of Director • Mel Rapozo — Representative (2) The proposed HSAC Fiscal Year 2014 Annual Operating Budget, as amended. / 7. C 2013-156 Communication (04/02/2013) from Council Chair Furfaro, requesting the presence of the County Engineer, Deputy County Engineer, Environmental Services Management Engineer, and the Environmental Services Officer to discuss the feasibility, the associated costs, and process to hold a proposed workshop on the potential new landfill and Resource Recovery Park site in May 2013. G. LEGAL DOCUMENT: / 1. C 2013-157 Communication (03/21/2013) from the Chief of Police, requesting Council approval of the Use Agreement between the County of Kaua`i and Easter Seals Hawai`i, for a temporary Waimea Substation located in the renovated Waimea Dispensary at 4590 Ola Road, Waimea, for a period of eight (8) years, commencing on May 1, 2013, and terminating at midnight on April 30, 2021, for a monthly rent of $2,000.00, inclusive of common area maintenance fees and all applicable taxes, with possible extensions of up to two (2) additional one-year terms at a negotiable rental price, including a lump sum payment of $210,000.00 for the build-out of tenant improvements by landlord. H. CLAIMS: 1. C 2013-158 Communication (03/25/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Joseph L. Wildman of Takitani, Agaran & Jorgensen, LLLP, A Law Partnership, for his client Allan L. Albert, for personal injury and medical bills, pursuant to Section 23.06, Charter of the County of Kaua`i. COUNCIL MEETING 4 APRIL 10, 2013 2.fC 2013-159 Communication (04/03/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Marilou B. Udaundo, for loss of income, personal injury, and damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORTS: 1. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2013-03: on EPC 2013-03 Communication (03/14/2013) from ✓ Council Chair Furfaro, requesting the presence of the County Engineer, to provide an update on the Administration's plans for the former Hanalei Courthouse facility. [Received for the Record.] b. CR-EPC 2013-04: on EPC 2013-04 Communication (03/21/2013) from Committee Chair Rapozo, requesting the presence of the Department of Public Works and the County's landfill consultant, AECOM, to discuss the vertical and horizontal expansions of the Kekaha Landfill. This briefing should also include a detailed overview of the discussion between AECOM, the State of Hawaii, Department of Health, and the County of Kaua`i, Department of Public Works which determined the urgent need for a vertical expansion. [Received for the Record.] 2. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2013-12: on PWPR 2013-07 Communication (12/13/2012) from Committee Chair Kagawa, requesting the presence of the Director of Parks & Recreation and the County Engineer, to provide an update on the status of the leaking roof, floor damage, and building maintenance, along with an update on the progress being made with the outside consultant procured to assist in the evaluation of the issues related to Kilauea Gym. [Received for the Record.] COUNCIL MEETING 5 APRIL 10, 2013 i. CR-PWPR 2013-13: on C 2013-135 Communication (03/15/2013) from Council Chair Furfaro, requesting the presence of the Director of Finance and the Director of Parks & Recreation, to provide an overview of the "Parks & Recreation Improvement and Maintenance Revolving Fund," and to provide a report that reconciles the expenses and revenues within the fund. [Received for the Record.] 3. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2013-05: on FED 2013-02 Communication (03/04/2013) from Committee Chair Bynum, requesting agenda time to discuss updated real property tax data and historical trends from Fiscal Year 2004 (Tax Year 2003) through Fiscal Year 2013 (Tax Year 2012) as it relates to the Council's tax rate setting responsibility outlined in Chapter 5A-6.3, Kaua`i County Code 1987, as amended, and as it relates to the Fiscal Year 2013-2014 Budget Session and the general fiscal condition of the County of Kaua`i. [Received for the Record.] b. CR-FED 2013-06: on Bill No. 2473 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 (Vertical Expansion of the Kekaha Landfill, $298,531.00) [Approved.] • COUNCIL MEETING 6 APRIL 10, 2013 4. COMMITTEE OF THE WHOLE: a. CR-COW 2013-04: on COW 2013-01 Communication (03/14/2013) from Council Chair Furfaro, requesting the presence of the Director of Parks & Recreation and the County Attorney, to provide information on the Administration's policies, procedures, and enforcement practices relating to both unpermitted and permitted activities occurring at public parks, including any commercial use of the public park area and facilities. [Received for the Record.] b. CR-COW 2013-05: on COW 2013-02 Communication (03/21/2013) from Council Chair Furfaro and Council Vice Chair Nakamura, requesting the presence of the Director of Parks & Recreation, to provide an update on the status of the repairs of the western comfort station at Po`ipu Beach Park. This briefing shall include an inventory overview of all existing County comfort stations/restrooms, whether a structural assessment has been done of existing park restrooms; and the outcome of those assessments and associated costs. [Received for the Record.] J. RESOLUTIONS: 1. Resolution No. 2013-44 — RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2013 ACTION PLAN (HOME . INVESTMENT PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT (PUBLIC LAW 101-625), AS AMENDED (Deferred 03/27/2013) 2. Resolution No. 2013-45 — RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2013 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED (Deferred 03/27/2013) COUNCIL MEETING 7 APRIL 10, 2013 3. Resolution No. 2013-48 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Angela M. Anderson - Environmentalist) K. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2474) — AN ORDINANCE AMENDING ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING 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 GENERAL FUND AND THE BEAUTIFICATION FUND (General Fund — Department of Finance, General Liability Account — $764,194.00) (Deferred 03/27/2013) 2. Proposed Draft Bill (No. 2475) — AN ORDINANCE AMENDING ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING 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 DEBT SERVICE FUND (Debt Service Fund —$2,100,000.00) (Deferred 03/27/2013) 3. Proposed Draft Bill (No. 2476) — AN ORDINANCE AMENDING ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING 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 GOLF FUND (Golf Fund $51,459.00) (Deferred 03/27/2013) 4. Proposed Draft Bill (No. 2477) — 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 AMENDING AN EXISTING BUDGET PROVISO IN THE CAPITAL BUDGET RELATING TO PROJECTS FUNDED WITH COMMUNITY FACILITIES DISTRICT BONDS (Deferred 03/27/2013) L. BILL FOR SECOND READING: 1. BILL NO. 2473 — 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 (Vertical Expansion of the Kekaha Landfill, $298,531.00) (See also CR-FED 2013-06; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) COUNCIL MEETING 8 APRIL 10, 2013 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). (Con f idential re p orts 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.) 1. ES-610 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 matter and recommendations as 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. (Deferred 03/27/2013) / 2. ES-614 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(2), (4) and (8), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is for the Council to consult with the County Attorney on personnel issues relating to the Office of the County Clerk, including the succession and promotion of individual employees, 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. 73. ES-615 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney, on behalf of the Council, requests an Executive Session with the Council, to consult with Special Counsel relating to the investigation of personnel matters involving the Office of the County Auditor 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 9 APRIL 10, 2013 A. ES-616 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 purpose of this Executive Session is to provide Council with a briefing and request for authority to settle the case of Reid Judson v. Norberto Garcia and County of Kaua`i, Fifth Circuit Court Civil No. 12-1-0129 JKW, 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. 5. ES-617 Pursuant to Hawai`i Revised Statues (HRS) Sections 92-4 and 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is to provide Council with a briefing and request for authority to settle the claim against the County submitted by Allstate Insurance Company, as subrogee of Larry Morris, dated September 12, 2012, 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. O. PUBLIC HEARING NOTE: If the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for public hearings on the following. After the public hearings, 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 County Clerk's Office 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/Govern meat/CountyCou n cil/PublicHearingNoticesandMin utes/tabid/599/Default.aspx 1. Bill No. 2468 — AN ORDINANCE AMENDING ORDINANCE NO. B-2012-736, AS AMENDED, RELATING TO THE OPERATING 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 GENERAL FUND AND THE SOLID WASTE FUND 2. Bill No. 2469 — A BILL FOR AN ORDINANCE AMENDING THE GENERAL PLAN DESIGNATION FOR THAT CERTAIN AREA LOCATED IN PUHI, KAUAI, HAWAII AND IDENTIFIED AS TAX MAP KEY NO. (4) 3-8-002:016 (Island School,Applicant) 3. Bill No. 2470 —A BILL FOR AN ORDINANCE AMENDING SECTION 23-3.7 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO CONCESSIONS AT SPOUTING HORN (Parks and Recreation Improvement and Maintenance Revolving Fund) COUNCIL MEETING 10 APRIL 10, 2013 P. 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.