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HomeMy WebLinkAbout 05/22/2013 Council Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, MAY 22, 2013 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 Lihu`e, Kauai, Hawai`i 96766 RECFIVFfl A. MEETING CALLED TO ORDER. 13 MAY 16 P5 :07 B. ROLL CALL. OFF l CE OF THE CCUNTY CLERK COtit rY' (IF KAt1A'I C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: /1. March 13, 2013 Council Meeting 2. April 24, 2013 Council Meeting E. CONSENT CALENDAR: 1. C 2013-186 Communication (05/08/2013) from the Mayor, submitting his supplemental budget communication for Fiscal Year 2013-2014 and proposed amendments to the budget bills, pursuant to Section 19.02A of the Kaua`i County Charter. 2. C 2013-187 Communication (04/10/2013) from the County Engineer, transmitting for Council consideration, proposed amendments to Chapter 14, Kaua`i County Code 1987, as amended, relating to the Plumbing Code. (See Proposed Draft Bill (No. 2485)) 3. C 2013-188 Communication (04/29/2013) from the Chief of Police, transmitting for Council consideration, proposed amendments to Chapters 16 and 19, Kaua`i County Code 1987, as amended, relating to abandoned vehicles. (See Proposed Draft Bill (No. 2486)) COUNCIL MEETING 2 MAY 22, 2013 4. C 2013-189 Communication (05/07/2013) from the Director of Planning, transmitting the Planning Commission's recommendation to amend Chapter 8, Kaua`i County Code 1987, As Amended, to clarify the process for approving or denying a proposed zoning amendment, increasing the processing fee for such amendments, and extending the timeline for decision making by the Planning Commission and County Council for such amendments. (Director's report, Exhibit 1 on file in the County Clerk's Office) (See Proposed Draft Bill (No. 2464)) 5. C 2013-190 Communication (05/07/2013) from the Director of Planning, transmitting the Planning Commission's recommendation to adjust fess charged and levied by the Planning Department, pursuant to Chapters 7, 8, and 9 of the Kaua`i County Code 1987, as amended, and to clarify procedures concerning the timing of renewals. (Director's Report, Supplemental to the Director's Report, and Agency Comments on file in the County Clerk's Office. (See Proposed Draft Bill (No. 2483)) F. COMMUNICATIONS: 1. C 2013-182 Communication (04/23/2013) from Council Chair Furfaro, requesting the presence of the Director of Planning and the Prosecuting Attorney, to provide the Council with a briefing regarding the coordination of efforts between the Planning Department and the Office of the Prosecuting Attorney to enforce the Transient Vacation Rental (TVR) ordinances and their plans for dealing with the various enforcement issues raised by the public and Councilmembers. (Deferred 05/08/2013) / 2. C 2013-191 Communication (05/01/2013) from the Housing Director, requesting Council approval to sell a residential unit located at 2151B Kelikoli Street, #20, Lihu`e, under the Neighborhood Stabilization Program (NSP), TMK: (4) 3-3-003-037-0020, by leasehold to a participant of the Affordable Housing Program Waitlist whose household income does not exceed 120% of the Kaua`i Median Household Income (KMHI), and to authorize the County Clerk to sign legal documents related to the resale of this transaction. 3. C 2013-192 Communication (05/03/2013) from the Chief of Police, requesting Council approval to apply, accept, and expend the Department of Justice, Office of Community Oriented Police Services (COPS) Hiring Program Grant in the amount of $1,668,857.40 for the hiring of seven (7) additional officers to staff one (1) additional beat. COUNCIL MEETING 3 MAY 22, 2013 j4. C 2013-193 Communication (05/06/2013) from Jennifer S. Winn, Deputy County Attorney, transmitting for Council information the Quarterly Report on Settled Claims Against the County of Kaua`i from January 1, 2013 through March 31, 2013. 5. C 2013-194 Communication (05/06/2013) from the Director of Finance, transmitting for Council information, the Period 9 Financial Reports — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of March 31, 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 Period 9 Financial Reports as of March 31, 2013 on file in the County Clerk's Office). /6. C 2013-195 Communication (05/07/2013) from the Hawai`i State Association of Counties (HSAC) President Mel Rapozo, transmitting for Council approval the slate of officers for the Executive Committee for HSAC and Board of Directors for the National Association of Counties (NACo) and the Western Interstate Region (WIR) for Fiscal Year 2013-2014, pursuant to Section 5 of the Bylaws of the Hawai`i State Association of Counties, Inc. , ' 7. C 2013-196 Communication (05/08/2013) from Thomas Takatsuki, the Human Resources Manager, transmitting for Council information the list of all vacant positions for the County of Kaua`i as of March 31, 2013. 8. C 2013-197 Communication (05/14/2013) from the County Attorney, requesting Council approval to expend up to $10,000 for Special Counsel's continued services provided for the County of Kaua`i in Ricky L. Ball vs. Kaua`i Lagoons Resort Company, Ltd., et al., Civil No. 12-1-0289 JKW (Fifth Circuit Court), and related matters. 7 9. C 2013-198 Communication (05/14/2013) from the County Attorney, requesting Council approval to expend up to $10,000 for Special Counsel's continued services provided for Defendant County of Kaua`i in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (U.S. District Court), and related matters. — 10.C 2013-199 Communication (05/14/2013) from the County Attorney, requesting Council approval to expend up to $10,000 for Special Counsel's continued services provided for the County of Kaua`i in Jeffery Sampoang vs. Harvey Brothers, LLC; et al., Civil No. 12-1-0294 JKW (Fifth Circuit Court), and related matters. COUNCIL MEETING 4 MAY 22, 2013 j G. LEGAL DOCUMENTS: 1. C 2013-200 Communication (04/01/2013) from Fay Rapozo, Homebuyer Coordinator, Housing Agency, recommending Council approval of the Release and Cancellation of Ho`okena Resale & Occupancy Restriction and Restrictions on Sale or Transfer, and Use for title insurance purposes for Unit No. 407, Ho`okena at Puhi. • Release and Cancellation of Ho`okena Resale & Occupancy Restriction and Restrictions on Sale or Transfer, and Use 2. C 2013-201 Communication (05/01/2013) from the Executive on Transportation, recommending Council approval of a Right of Entry Agreement with Moloa`a Bay Hui II to provide a safe turn situated at 6020 Ko`olau Road, Anahola (TMK: 4-9-009-009), for the Kaua`i Bus at the Moloa`a Bus Stop. • Right of Entry Agreement ,.3. C 2013-202 Communication (05/03/2013) from the Housing Director, recommending Council approval to execute a 10 year lease of the Historic Waimea Theater to the West Kaua`i Business and Professional Association (WKBPA) for Use, Management, Operation, and Maintenance of the Historic Waimea Theater. • Amended and Restated Lease of the Waimea Theater 4. C 2013-203 Communication (05/03/2013) from the Housing Director, recommending Council approval for site control of the following Vitus Development, LLC, related to the Rice Camp Senior Housing Parcels, TMK: (4) 3-6-4:9 and TMK: (4) 3-6-9:1: 1) Establish Site Control for Vitus Development, LLC (Low Income Housing Tax Credits (LIHTC) financing requirement) 2) Right of Entry Agreement (to conduct re-develo ment p p work) COUNCIL MEETING 5 MAY 22, 2013 H. CLAIMS: 1. C 2013-204 Communication (05/03/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Emily Ramos, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. -2. C 2013-205 Communication (05/06/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by State Farm Insurance, as subrogee for Joy Buccat, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. ., 3. C 2013-206 Communication (05/06/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Enterprise Holdings, for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 4. C 2013-207 Communication (05/09/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Stanley Tomacder, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. I. COMMITTEE REPORTS: 1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2013-16: on Resolution No. 2013-54 — RESOLUTION ESTABLISHING STOP SIGNS AND STOP LINES ON OLOHENA ROAD AT ITS INTERSECTION WITH KA`APUNI ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI [Approved.] 2. ECONOMIC DEVELOPMENT (SUSTAINABILITY / AGRICULTURE / FOOD / ENERGY) & INTERGOVERNMENTAL RELATIONS COMMITTEE: a. CR-EDR 2013-01: on EDR 2013-01 Communication (04/03/2013) from Council Chair Furfaro, requesting the presence of the Administration to discuss the process for tracking legislative measures at the State Legislature. [Received for the Record.] COUNCIL MEETING 6 MAY 22, 2013 J. RESOLUTION: 1. Resolution No. 2013-54 — RESOLUTION ESTABLISHING STOP SIGNS AND STOP LINES ON OLOHENA ROAD AT ITS INTERSECTION WITH KA`APUNI ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI K. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2464) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Referred to the Planning Commission 01/30/2013) 2. Proposed Draft Bill (No. 2483) — A BILL FOR AN ORDINANCE AMENDING CHAPTERS 7, 8, AND 9 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE ADJUSTMENT OF VARIOUS PERMITTING CHARGES AND FEES LEVIED BY THE DEPARTMENT OF PLANNING (ZA-2013-4) (Referred to the Planning Commission 03/27/2013) 3. Proposed Draft Bill (No. 2485) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PLUMBING CODE 4. Proposed Draft Bill (No. 2486) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 16 AND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ABANDONED VEHICLES L. BILL 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" (Deferred 05/08/2013) 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). (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 MAY 22, 2013 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 05/08/2013) 2. ES-628 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), 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 to update the Council in Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. 13-1-0049 RV (Fifth Circuit Court) 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 05/08/2013) 3. ES-629 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(3), and (4), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is for the Council to address issues relating to on-going labor negotiations and related matters and to consult with the County Attorney. 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 05/08/2013) 4. ES-630 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-5(a)(4) and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is to allow Council to consult with the County Attorney and Director of Finance on questions and issues pertaining to car allowances 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 05/08/2013) 5. ES-634 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, discussion and consultation regarding the quarterly report on pending and denied claims. 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. COUNCIL MEETING 8 MAY 22, 2013 6. ES-635 Pursuant to Hawai`i Revised Statutes (HRS) Sections 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 Director of Finance, requests an Executive Session with the Council to provide the Council with a briefing and request for approval of proposed tax compromise with AOAO of Kulana Condominium, 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-636 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Section 3.07(E) of the Kauai County Charter, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing to update the Council in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (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. 8. ES-637 Pursuant to Hawai`i 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 on implementation of Bill No. 2439 relating to Planning Department 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. 9. ES-638 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 provide the Council with a briefing in Ricky L. Ball vs. Kaua`i Lagoons Resort Company, Ltd., et al. Civil No. 12-1-0289 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. 10.ES-639 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 provide the Council with a briefing as it relates to Defendant County of Kaua`i in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (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. COUNCIL MEETING 9 MAY 22, 2013 11.ES-640 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 provide the Council with a briefing in Jeffery Sampoang vs. Harvey Brothers, LLC, et al., Civil No. 12-1-0294 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. 12.ES-641 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 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. N. ADJOURNMENT. 0. PUBLIC HEARING NOTE: If the Council is not finished with this meeting by approximately 8:30 a.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: littp://www.kauai.gou/Government/County Council/PublicHea ringNoticesandMinutes/tabid/599/Default.aspx 1. C 2013-186 — Communication (05/08/2013) from the Mayor, submitting his supplemental budget communication for Fiscal Year 2013-2014 and proposed amendments to the budget bills, pursuant to Section 19.02A of the Kaua`i County Charter. 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.