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HomeMy WebLinkAbout 06/12/2013 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, JUNE 12, 2013 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS RFCTIVFp HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 Lihu`e, Kauai, Hawaii 96766 13 J14 —6 P2 22 E Q1= A. MEETING CALLED TO ORDER. THE OFFICE' es ERK COUNTY r,,F KAUAI B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. May 8, 2013 Council Meeting 2. May 15, 2013 Special Council Meeting 3. May 15, 2013 Public Hearing re: Resolution No. 2013-41 4. May 22, 2013 Public Hearing re: C 2013-186 5. May 28, 2013 Special Council Meeting E. CONSENT CALENDAR: 1. C 2013-209 Communication (05/13/2013) from the Mayor, transmitting for Council consideration, pursuant to Sections 89-11(g) and 89C-5, Hawai`i Revised Statutes (HRS), the cost items for United Public Workers (UPW) Bargaining Unit 1 between July 1, 2013 and June 30, 2017, pursuant to Section 19.13(B) of the Kaua`i County Charter. (See Proposed Draft Bill (No. 2487)) 2. C 2013-210 Communication (05/13/2013) from the Mayor, transmitting for Council consideration, pursuant to Sections 89-11(g) and 89C-5, Hawaii Revised Statutes (HRS), the cost items for Hawai`i Government Employees Association (HGEA) Bargaining Units 2, 3, and 4 between July 1, 2013 and June 30, 2015, pursuant to Section 19.13(B) of the Kaua`i County Charter. (See Proposed Draft Bill (No. 2488)) COUNCIL MEETING 2 JUNE 12, 2013 3. C 2013-211 Communication (05/20/2013) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Hugh A. Strom to the Board of Water Supply for the County of Kaua`i — Term ending 12/31/2015. (See Resolution No. 2013-56) 4. C 2013-212 Communication (06/06/2013) from Councilmember Yukimura, transmitting for Council consideration, a Resolution Establishing an Affordable Housing Advisory Committee. (See Resolution No. 2013-57) F. COMMUNICATIONS: 1. C 2013-213 Communication (04/30/2013) from Council Vice Chair Nakamura and Council Chair Furfaro, requesting the presence of the Director of Economic Development, representatives from the Kaua`i Economic Development Board, and consultants Joel Huesby and Chuck Wolfe, to provide an update on the Comprehensive Economic Development Strategy (CEDS) — Multi-Species Processing Facility (MSPF) and Commercial Kitchen Business Incubator (CKBI) business plans. 2. C 2013-214 Communication (02/12/2013) from the Chief of Field Operations and Maintenance, Department of Public Works, requesting Council approval to purchase a portable gas engine driven hydraulic operator in the amount of $12,000 from Project No. W08037, Appropriation Account No. 401-2071-624.85-02, to facilitate the raising and lowering of five (5) 60-inch levee slide gates at Gate A in the Waimea Levee. 3. C 2013-215 Communication (05/21/2013) from the Chief of Field Operations and Maintenance, Department of Public Works, requesting Council approval to include as part of the present Islandwide Road Resurfacing list, the reconstruction and resurfacing of 350 square yards of Maluhia Road, near the intersection with Kaumuali`i Highway, at an estimated cost of$33,000. COUNCIL MEETING 3 JUNE 12, 2013 4. C 2013-216 Communication (03/18/2013) from the Fire Chief, requesting Council approval to apply, receive, and expend the Assistance to Firefighters Grant (AFG) Fire Prevention and Safety Grants for the following projects: 1) Five hundred (500) Lithium Battery Smoke Alarms for a fire alarm campaign that targets high risk groups such as the elderly. The total cost of the project is $13,000; the AFG request is $10,400 with the County's obligation being a total of$2,600. 2) Sixty thousand (60,000) Beach Safety Guides translated into Cantonese Chinese, German, Japanese, Korean, and Mandarin Chinese to assist non-English speaking visitors. The total cost of the project is $12,000; the AFG request is $9,600 with the County's obligation being a total of$2,400. 3) One hundred forty (140) Helmet ID Accountability Systems to address firefighter safety. Each unit consists of one (1) leather front and two (2) magnetic side panels with fire company identification numbers. The total cost of the project is $15,120; the AFG request is $12,096 with the County's obligation being a total of$3,024. 5. C 2013-217 Communication (05/23/2013) from the Chief of Police, requesting Council approval to accept and utilize a new vehicle acquired through its collaboration with the United States Marshals Service (USMS) for law enforcement purposes and joint law enforcement operations. 6. C 2013-218 Communication (05/29/2013) from the Fire Chief, requesting Council approval to accept the donation of propane refills from Hawai`i Gas for the Fire Safety and Educational Trailer to continue its participation in public events on Kaua`i. 7. C 2013-219 Communication (05/29/2013) from the Director of Finance, transmitting for Council information the following reports: (1) County of Kaua`i Bond Summary of General Long—Term Debt Amount Outstanding as of July 01, 2012; (2) County of Kaua`i Bond Supplemental Summary of General Long—Term Debt Amount Outstanding as of June 30, 2013; Excluded County of Kaua`i Bond Supplemental Summary of Long—Term Debt Amount Outstanding as of June 30, 2012: CFD No. 2008-1 (Kukui`ula Development Project) Special Tax Bonds, Series 2012, sold April 25, 2012. (Copy on file in the County Clerk's Office.) COUNCIL MEETING 4 JUNE 12, 2013 8. C 2013-220 Communication (06/05/2013) from the County Engineer, requesting Council approval to apply for, receive, and expend State of Hawai`i, Department of Transportation (HDOT) "Safe Routes to School" federal funds provided by Section 1404 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users Extension Act for a total amount of $1,183,000. 9. C 2013-221 Communication (06/06/2013) from the County Attorney, requesting Council approval to expend funds up to $26,000 for Special Counsel's continued services provided for the County of Kauai 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. 10.C 2013-222 Communication (06/06/2013) from the County Attorney, requesting Council approval to expend funds up to $26,000 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. 11.C 2013-223 Communication (06/06/2013) from the County Attorney, requesting Council approval to expend up to $11,000 for Special Counsel's continued services provided for Defendant Shaylene Iseri-Carvalho in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (United States District Court), and related matters. 12.C 2013-224 Communication (06/06/2013) from the County Attorney, requesting Council approval to expend up to $15,000 for Special Counsel's continued services provided for Defendant County of Kauai in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (United States District Court), and related matters. 13.C 2013-225 Communication (06/06/2013) from the County Attorney, requesting Council approval to expend funds up to $29,944 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. COUNCIL MEETING 5 JUNE 12, 2013 G. LEGAL DOCUMENT: 1. C 2013-226 Communication (05/31/2013) from Jodi A. Sayegusa, Deputy County Attorney, recommending Council approval of the following: • Grant of Drainage Easement by KW Kiahuna LLC, conveying to Wainani at Po`ipu Community Association and the County of Kaua`i Easements D-4 and D-5, Wainani at Po`ipu Subdivision, Koloa, Kaua`i, Hawai`i, for draining purposes. H. CLAIMS: 1. C 2013-227 Communication (05/15/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Jeremy Riopta, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 2. C 2013-228 Communication (05/28/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Kyle Schumacher, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 3. C 2013-229 Communication (05/29/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Bruce Stine, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. I. COMMITTEE REPORT: 1. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2013-06: on EPC 2013-05 Communication (05/09/2013) from Committee Chair Rapozo, requesting the presence of the Administration to provide a briefing and an update on the Host Community Benefit Program for the Kekaha community, to include, but not limited to, the amount of funding available, the proposed use of the funds (e.g., consultant fees, proposed projects, etc.), a list of the Citizens Advisory Committee members, and the appropriate County Department that is responsible for managing this project. [Received for the Record.] COUNCIL MEETING 6 JUNE 12, 2013 J. RESOLUTIONS: 1. Resolution No. 2013-55 — RESOLUTION ESTABLISHING A COUNCIL INVESTIGATING COMMITTEE TO INVESTIGATE THE MANAGEMENT AND IMPLEMENTATION OF THE TRANSIENT VACATION RENTAL AND FLOOD/BUILDING PERMIT ORDINANCES WITHIN THE COUNTY OF KAUAI (Deferred 05/15/2013) 2. Resolution No. 2013-56 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Hugh A. Strom) 3. Resolution No. 2013-57 — RESOLUTION ESTABLISHING AN AFFORDABLE HOUSING ADVISORY COMMITTEE K. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2487) — A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 1 BETWEEN JULY 1, 2013 AND JUNE 30, 2017 2. Proposed Draft Bill (No. 2488) — A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNITS 2, 3, AND 4 BETWEEN JULY 1, 2013 AND JUNE 30, 2015 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 05/22/2013) 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 JUNE 12, 2013 1. 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 05/22/2013) 2. 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. (Deferred 05/22/2013) 3. ES-642 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 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. 4. ES-643 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. COUNCIL MEETING 8 JUNE 12, 2013 5. ES-646 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 Shaylene Iseri-Carvalho in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (United States 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-647 Pursuant to Hawai`i Revised Statutes 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 (United States 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. 7. ES-648 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. N. ADJOURNMENT. 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.