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HomeMy WebLinkAbout 04/24/2013 Council Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, APRIL 24, 2013,13 App 18 p 3 :39 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 209 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: A. March 20, 2013 Special Council Meeting -2. March 27, 2013 Public Hearing re: Bill No. 2467 -3. April 3, 2013 Public Hearing re: Bill No. 2473 4. April 10, 2013 Public Hearing re: Bill No. 2468, Bill No. 2469, and Bill No. 2470 E. CONSENT CALENDAR: / 1. C 2013-161 Communication (04/02/2013) from the Planning Director, transmitting for Council information, a Resolution adopted by the Kaua`i Historic Preservation Commission (KHPRC) recommending that a full time Historic Preservation Planner position be established within the County of Kaua`i Planning Department. 2. C 2013-162 Communication (04/08/2013) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointees to the various Boards and Commissions for the County of Kaua`i: (1) Fire Commission: • Heidy K. Huddy-Yamamoto — Term ending 12/31/2013 (2) Cost Control Commission: • Joanne P. Nakashima — Term ending 12/31/2013 (See Resolution No. 2013-49 and Resolution No. 2013-50) COUNCIL MEETING 2 APRIL 24, 2013 F. COMMUNICATIONS: 1. C 2013-163 Communication (04/03/2013) from the Chair of the Board of Ethics (BOE) for authorization to expend funds up to $7,000 to retain special counsel to represent the Board of Ethics in drafting a resolution setting forth the nature and scope of an investigation related to BOE 13-001, providing legal advice during Board meetings pertaining to said investigation, and related matters. /2. C 2013-164 Communication (04/03/2013) from the Chair of the Board of Ethics (BOE) for authorization to expend funds up to $10,000 to retain special counsel for the Board of Ethics to investigate BOE 13-001 and related matters. /3. C 2013-165 Communication (04/03/2013) from the Chief of Police, requesting Council approval to purchase two (2) replacement dispatch console furnishings for the communications center at an estimated cost of$45,000 which will be funded from unexpended funds in account number 001-1001-551.89-06. /4. C 2013-166 Communication (04/08/2013) from the Director of Finance, transmitting for Council information, the Third Quarter Statement of Equipment Purchases for Fiscal Year 2012-2013, pursuant to Section 17, Ordinance No. B-2012-736, the Fiscal Year 2012-2013 Operating Budget of the County of Kaua`i. 5. C 2013-167 Communication (04/10/2013) from the Director of Finance, transmitting for Council information, the Periods 7 & 8 Financial Reports — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of February 28, 2013, 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 7 & 8 Financial Reports as of February 28, 2013 on file in the County Clerk's Office). /6. C 2013-168 Communication (04/16/2013) from the Managing Director of Ho`ike Kaua`i Community Television, Inc., requesting Council approval to accept the donations of four (4) High Definition VADCCU HD19 cameras valued at approximately $22,895 for use in the Historic County Building's Council Chambers for the video production of Council and Committee Meetings. COUNCIL MEETING 3 APRIL 24, 2013 7. C 2013-169 Communication (04/17/2013) from the County Attorney, requesting Council approval to expend funds up to $15,000 for special counsel's continued services to advise and represent the County Council in matters relating to the investigations of personnel matters involving the County Auditor's Office, and related matters. G. LEGAL DOCUMENT: / 1. C 2013-170 Communication (04/10/2013) from the Mayor, recommending for Council approval, the following: • Dedication Deed by Peter F. Fisher, Trustee under that certain Declaration of Trust known as the Peter F. Fisher Trust dated April 24, 2006, and as Successor Trustee under that certain Declaration of Trust known as the Elizabeth A. Fisher-Lavoie Trust dated April 24, 2006, conveying to the County of Kaua`i Lot 55-A-1, Wailua Houselots, Fourth Series, Wailua, Kawaihau, Kaua`i, Hawai`i, for road widening purposes. H. CLAIM: .7 1. C 2013-171 Communication (04/08/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by • Harold Ames, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2013-02: on PL 2013-01 Communication (03/22/2013) from Committee Chair Nakamura, requesting the presence of the Planning Department to provide an overview on the County of Kaua`i's Six—Year Capital Improvement Projects Fiscal Year 2013-2014 to Fiscal Year 2018-2019 Report. [Received for the Record.] COUNCIL MEETING 4 APRIL 24, 2013 b. CR-PL 2013-03: on 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) [Approved.] 2. HOUSING & TRANSPORTATION COMMITTEE a. CR-HT 2013-01: on HT 2013-01 Communication (03/13/2013) from Committee Chair Yukimura, requesting the presence of Mayela Sosa, Assistant Division Administrator, United States Department of Transportation — Federal Highway Administration, to provide an overview on the Moving Ahead for Progress in the 21st Century Act (MAP-21) that was signed into law by President Barack Obama on July 6, 2012. [Received for the Record.] b. CR-HT 2013-02: on HT 2013-02 Communication (03/27/2013) from Committee Chair Yukimura, requesting agenda time to share a full—page feature story on the Ke Ala Hele Makalae Multi-Use Path that appeared in the March 9, 2013, edition of The Seattle Times Travel Section, as it relates to highlighting the value of the p n ath for Kauai residents and the visitor industry. [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 2013-07: on Bill No. 2467 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO REAL PROPERTY TAX [Approved as Amended.] COUNCIL MEETING 5 APRIL 24, 2013 ,b. CR-FED 2013-08: on 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 [Approved.] J. RESOLUTIONS: 1. Resolution No. 2013-49 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Heidy K Huddy-Yamamoto) 2. Resolution No. 2013-50 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Joanne P. Nakashima) 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.) (Deferred 03/13/2013) 2. BILL NO. 2467, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO REAL PROPERTY TAX (See also CR-FED 2013-07; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Develo p ment / Other Economic Develo p ment Areas) Committee recommended approval as amended to Bill No. 2467, Draft 1 on April 17, 2013.) 3. 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 (See also CR-FED 2013-08; 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 6 APRIL 24, 2013 4. 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) (See also CR-PL 2013-03; the Planning Committee recommended approval on second and final reading.) 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.) 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 04/10/2013) 2. ES-619 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(2) and Kauai County Charter Section 3.07(E), the Board of Ethics requests an Executive Session with the Council to provide the Council with a briefing on the retention of special counsel to represent the Board of Ethics in BOE 13-001 and related matters. This briefing and consultation involves the hire, evaluation, discipline or dismissal, or discipline of an officer or employee or of charges brought against an officer or employee where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held. 7 3. ES-620 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(2) and Kaua`i County Charter Section 3.07(E), the Board of Ethics requests an Executive Session with the Council to provide the Council with a briefing on the retention of special counsel for the Board of Ethics in BOE 13-001 and related matters. This briefing and consultation involves the hire, evaluation, discipline or dismissal, or discipline of an officer or employee or of charges brought against an officer or employee where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held. COUNCIL MEETING 7 APRIL 24, 2013 /4. ES-621 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and (8); and Kaua`i 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 provide the Council with a briefing as it relates 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. 5. ES-622 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-5(a)(4) and Kauai County Charter Section 3.07(E), the purpose of this Executive Session is to allow Council to consult with the County Attorney, Human Resources Manager, and Director of Finance on questions and issues pertaining to car allowances 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-623 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and (8); and Kaua`i County Charter Section 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. /7. ES-624 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and (8); and Kaua`i County Charter Section 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. COUNCIL MEETING 8 APRIL 24, 2013 r 8. ES-625 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and (8); and Kaua`i County Charter Section 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-626 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and (8); and Kaua`i County Charter Section 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. / 10.ES-627 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and (8); and Kaua`i County Charter Section 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. COUNCIL MEETING 9 APRIL 24, 2013 N. 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/Government/CountyCouncil/PublicHearingN oticesandMinutes/tabid/599/Defau,lt.aspx 1. RESOLUTION NO. 2013-47, DRAFT 1 — RESOLUTION DETERMINING THE COUNTY OF KAUAI FUEL TAX RATE AND REPEALING RESOLUTION NO. 2004-06, DRAFT 2 2. 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) 3. 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) 4. 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) 5. 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 6. Bill No. 2478 —A BILL FOR AN ORDINANCE TO AMEND SECTION 2, ORDINANCE NO. 891, AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS AND REFUNDING CERTAIN BONDS OF THE COUNTY; FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC 7. Bill No. 2479 — A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-9.2 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT 8. Bill No. 2480 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987,AS AMENDED, RELATING TO BUS FARES COUNCIL MEETING 10 APRIL 24, 2013 9. Bill No. 2481 — A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.4, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO MOTOR VEHICLE CERTIFICATE OF OWNERSHIP AND REGISTRATION FEES 10. Bill No. 2482 — A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.3, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY MOTOR VEHICLE WEIGHT TAX 11. Bill No. 2484 — A BILL FOR AN ORDINANCE AMENDING SECTION 5-1.1, KAUAI COUNTY CODE 1987,AS AMENDED, RELATING TO THE COUNTY FUEL TAX O. 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.