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Home My WebLink About 06/26/2013 Council Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, JUNE 26, 2013 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 ?f CF 1VF Lihu`e, Kaua`i, Hawaii 96766 13 JUN 20 P12 :15 A. MEETING CALLED TO ORDER. OFFICE OF THE COUNTY CLERK B. ROLL CALL. COUNTY OF KAUAI C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. May 1, 2013 Public Hearing re: Bill No. 2471, Bill No. 2472, and Resolution No. 2013-41 2. May 22, 2013 Council Meeting E. CONSENT CALENDAR: 1. C 2013-230 Communication (05/16/2013) from Councilmember Kagawa, transmitting for Council consideration, a Resolution Naming the Softball Field at the Kaumakani Park Sports Complex the "Wally Mito Sonoda Field" in Honor of Wallace "Mito" Sonoda. (See Resolution No. 2013-58) 2. C 2013-231 Communication (06/12/2013) from Council Chair Furfaro, transmitting for Council consideration and confirmation, Council appointee Althea Kalei Lovell Arinaga to the Kaua`i Historic Preservation Review Commission for the County of Kaua`i (Archaeology) — Term ending 12/31/2015. (See Resolution No. 2013-59) 3. C 2013-232 Communication (06/13/2013) from the Director of Finance, transmitting for Council consideration, proposed amendments to Chapter 5A, Kaua`i County Code 1987, as Amended, relating to Low and Moderate-Income Housing and Long Term Affordable Rentals. (See Proposed Draft Bill (No. 2489)) COUNCIL MEETING 2 JUNE 26, 2013 4. C 2013-233 Communication (06/13/2013) from the Director of Finance, transmitting for Council consideration, proposed amendments to Sections 22-10.2, 22-10.4, 22-10.5, and 22-10.6 of the Kauai County Code 1987, as Amended, relating to Dog Licenses and Impound Fees. (See Proposed Draft Bill (No. 2490)) 5. C 2013-234 Communication (06/20/2013) from Councilmember Hooser and Councilmember Bynum, transmitting for Council consideration, a Bill for an Ordinance to Amend the Kaua`i County Code 1987, as Amended, by Adding a New Article 22 to Chapter 22, Relating to Pesticides and Genetically Modified Organisms. (See Proposed Draft Bill (No. 2491)) F. COMMUNICATIONS: 1. C 2013-235 Communication (05/29/2013) from the Mayor, requesting agenda time for Washington D.C. consultants Robert Gaines and Mary Cronin from Smith Dawson & Andrews, Inc. to present a recap of the services and activities they provided to the County of Kaua`i during the past year as part of their Professional Services Contract. 2. C 2013-225 Communication (06/05/2013) 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. (Deferred 06/12/2013) 3. C 2013-236 Communication (04/30/2013) from the Prosecuting Attorney, requesting Council approval of the following: 1) Apply for, receive, and expend federal funds for the Kaua`i Victims of Crime Act (VOCA) Expansion Project 11-VA-3 in the amount of$210,392 for salaries, fringe benefits, training, and travel costs for the Office of the Prosecuting Attorney, Victim/Witness Program for the term commencing October 1, 2013 2) Indemnify the State of Hawai`i, Department of the Attorney General COUNCIL MEETING 3 JUNE 26, 2013 4. C 2013-237 Communication (06/14/2013) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend the Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program Fiscal Year (FY) 2013 Local Solicitation Grant in the amount of $41,778 to allow Deputy Attorneys from the Office of the Prosecuting Attorney and Police Officers from the Kaua`i Police Department to attend training. 5. C 2013-238 Communication (06/05/2013) from Linda Nuland-Ames, Equal Employment Opportunity (EEO)/Americans with Disabilities Act (ADA) Coordinator, requesting Council approval to accept a donation from Deschamps Mat Systems, Inc. of a fifty (50) foot by five (5) foot Mobi-Mat RecPath, which is a portable and removable rollout pathway that provides a stable, firm, and slip resistant path, valued at $2,900, to increase accessibility for pedestrians, people with disabilities, wheelchair users, strollers, bicycles, and vehicles such as golf carts for use during County events in parks and beach parks. G. CLAIMS: 1. C 2013-239 Communication (06/04/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by DIG Operations Inc., for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 2. C 2013-240 Communication (06/07/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Margaret Lacro, for damage to her personal property, p ursuant to Section 23.06, Charter of the County of Kauai. H. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2013-04 on Bill No. 2465 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUAI COUNTY CODE 1987, AS AMENDED, TO ALLOW FOR MULTI-MODAL TRANSPORTATION PRINCIPLES FOR SUBDIVISIONS [Approved as Amended.] COUNCIL MEETING 4 JUNE 26, 2013 2. HOUSING & TRANSPORTATION COMMITTEE: a. CR-HT 2013-08: on HT 2013-03 Communication (05/21/2013) from Committee Chair Yukimura, requesting the presence of the County Engineer to provide an update on the Lihu`e Bypass Feasibility Study. [Received for the Record.] I. RESOLUTIONS: 1. Resolution No. 2013-56 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Hugh A. Strom) (Deferred pending interview on 06/19/2013) 2. Resolution No. 2013-58 — RESOLUTION NAMING THE SOFTBALL FIELD AT THE KAUMAKANI PARK SPORTS COMPLEX THE "WALLY MITO SONODA FIELD" IN HONOR OF WALLACE "MITO" SONODA 3. Resolution No. 2013-59 — RESOLUTION CONFIRMING COUNCIL APPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION (Althea Kalei Lovell Arinaga—Archaeology) J. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2489) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO LOW AND MODERATE-INCOME HOUSING AND LONG TERM AFFORDABLE RENTALS 2. Proposed Draft Bill (No. 2490) — A BILL FOR AN ORDINANCE AMENDING SECTIONS 22-10.2, 22-10.4, 22-10.5, AND 22-10.6 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DOG LICENSES AND REGULATIONS 3. Proposed Draft Bill (No. 2491) — A BILL FOR AN ORDINANCE TO AMEND THE KAUAI COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW ARTICLE 22 TO CHAPTER 22, RELATING TO PESTICIDES AND GENETICALLY MODIFIED ORGANISMS COUNCIL MEETING 5 JUNE 26, 2013 K. BILL FOR SECOND READING: 1. BILL NO. 2465, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 9, KAUAI COUNTY CODE 1987, AS AMENDED, TO ALLOW FOR MULTI-MODAL TRANSPORTATION PRINCIPLES FOR SUBDIVISIONS (See also CR-PL 2013-04; the Planning Committee recommended approval as amended to Bill No. 2465, Draft 1 on June 19, 2013.) 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 05/22/2013) 2. 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 consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. (Deferred 06/12/2013) 3. ES-635 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, 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. (Deferred 05/22/2013) COUNCIL MEETING 6 JUNE 26, 2013 4. ES-641 Pursuant to Hawaii 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 06/12/2013) 5. 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. (Deferred 06/12/2013) 6. 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. (Deferred 06/12/2013) 7. ES-648 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and (8) 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 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. (Deferred 06/12/2013) COUNCIL MEETING 7 JUNE 26, 2013 M. 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/County Council/PublicHearingNoticesandMinutes/tabid/599/Default.aspx 1. Bill No. 2464 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE 2. Bill No. 2483 — A BILL FOR AN ORDINANCE AMENDING CHAPTERS 7, 8, AND 9, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE ADJUSTMENT OF VARIOUS_PERMITTING CHARGES AND FEES LEVIED BY THE DEPARTMENT OF PLANNING (County of Kaua`i,Applicant) 3. Bill No. 2485 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 14, KAUAI COUNTY CODE 1987,AS AMENDED, RELATING TO THE PLUMBING CODE 4. Bill No. 2486 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 16 AND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ABANDONED VEHICLES 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.