Loading...
HomeMy WebLinkAbout 07/17/2013 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, JULY 17, 2013 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 Lihu`e, Kauai, Hawaii 96766 A. MEETING CALLED TO ORDER. 13 ,lll. 11 P4 53 B. ROLL CALL. lip rMIL;E OE' THE C'C'.jN:T .i CLERK COUNTY E KAUAI C. APPROVAL OF AGENDA. D. PUBLIC COMMENT. Pursuant to Council Rule 13(e), members of the public shall be allowed a total of eighteen (18) minutes on a first come, first served basis to speak on any agenda item. Each speaker shall be limited to three (3) minutes at the discretion of the Chair to discuss the agenda item and shall not be allowed additional time to speak during the meeting. This rule is designed to accommodate those who cannot be present throughout the meeting to speak when the agenda items are heard. After the conclusion of the eighteen (18) minutes, other members of the public shall be allowed to speak pursuant to Council Rule 12(e). E. MINUTES of the following meetings of the Council: 1. June 5, 2013 Special Council Meeting 2. June 12, 2013 Council Meeting 3. June 19, 2013 Special Council Meeting F. CONSENT CALENDAR: 1. C 2013-244 Communication (06/17/2013) from the Director of Finance, transmitting for Council consideration, proposed amendments to Section 2, Ordinance No. 891, relating to the Authorization of the Issuance of General Obligation Bonds of the County of Kaua`i 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. (See Proposed Draft Bill (No. 2492)) COUNCIL MEETING 2 JULY 17, 2013 2. C 2013-245 Communication (06/18/2013) from the Boards and Commissions Administrator, transmitting for Council consideration, proposed amendments to Section 22-5.4 of the Kaua`i County Code 1987, as amended, Relating to the Designation of Exceptional Trees, to correctly identify the boundaries of Exceptional Tree No. K-12. (See Proposed Draft Bill (No. 2493)) 3. C 2013-246 Communication (06/18/2013) from the Boards and Commissions Administrator, transmitting for Council consideration, proposed amendments to Chapter 3, Article 1, of the Kaua`i County Code 1987, as amended, Relating to the Code of Ethics, to incorporate Charter Amendment language which was adopted during the 2010 General Election. (See Proposed Draft Bill (No. 2494)) 4. C 2013-247 Communication (07/11/2013) from the Director of Finance, transmitting for Council consideration, proposed amendments to Chapter 5A of the Kauai County Code 1987, as amended, Relating to Real Property Taxes. (See Proposed Draft Bill (No. 2495)) G. COMMUNICATIONS: 1. C 2013-248 Communication (05/01/2013) from Council Vice Chair Nakamura, requesting the presence of the Director of Economic Development, representatives from the Kauai Economic Development Board (KEDB), and consultant Alan Tang, to provide an update on the Comprehensive Economic Development Strategy (CEDS) — Creative Technology Center Business Plan. 2. C 2013-249 Communication (06/13/2013) from the Director of Finance, transmitting for Council information, the Period 10 Financial Reports — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of April 30, 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 10 Financial Reports as of April 30, 2013 on file in the County Clerk's Office). COUNCIL MEETING 3 JULY 17, 2013 3. C 2013-250 Communication (06/27/2013) from the Director of Finance, transmitting for Council information, the Period 11 Financial Reports — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of May 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 11 Financial Reports as of May 31, 2013 on file in the County Clerk's Office). 4. C 2013-251 Communication (06/21/2013) from the Director of Finance, transmitting for Council information, the Condition of the County Treasury Statement quarterly report as of May 7, 2013. 5. C 2013-252 Communication (06/19/2013) from the Executive on Aging, requesting Council approval to apply for, receive, and expend grant funds from Hawai`i Health Connector's Hi`i Ola Program's Marketplace Assister Grant in the amount of $125,000 to provide assistance to consumers fifty-five (55) years of age and older with health care coverage in accordance with President Obama's Affordable Care Act for the following: 1) Three (3) part-time and one (1) full-time equivalent positions, work-related equipment such as laptop computers, mobile phones with Wi-Fi access, training and related travel expenses, marketing, office supplies, interpreter/translation services for non-English speaking clients as needed, vehicle and ground transportation expenses, and administrative overhead. 6. C 2013-253 Communication (06/20/2013) from the Executive on Aging, requesting Council approval to receive, expend, and indemnify the State Executive Office on Aging for their intent to award State funds to the County of Kaua`i's Agency on Elderly Affairs for Fiscal Years 2013-2015 for the following: 1) Provision of Kupuna Care services in the amount of $1,016,412 or $508,206 per State Fiscal Year. 2) Provision of service to older adults who are at risk of elder abuse in the amount of $45,220 or $22,610 per State Fiscal Year. COUNCIL MEETING 4 JULY 17, 2013 7. C 2013-254 Communication (06/20/2013) from the Executive on Aging, requesting Council approval to receive and expend funds from the grant amendment awarded by the Corporation for National and Community Service to the County of Kaua`i's Agency on Elderly Affairs, Kaua`i Retired and Senior Volunteer Program (RSVP) in the amount of $73,347, including the carry over amount of $9,000 and a one-time augmentation of $1,500, to assist the Kaua`i RSVP in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (Title 42 United States Code (USC), Chapter 22). 8. C 2013-255 Communication (06/20/2013) from the Executive on Aging, requesting Council approval to receive, expend, and indemnify the State Executive Office on Aging for their award to the County of Kaua`i's Agency on Elderly Affairs of additional State funds in the amount of $18,048 for the Kupuna Care Program services. A modification to contract KA2013A02 was processed to reflect the increase in funding which totaled $293,994 in additional funding for the provision of personal care, homemaker, home delivered meals, case management and/or adult day health services. 9. C 2013-256 Communication (06/20/2013) from Council Chair Furfaro, requesting the presence of the Director of Planning, to provide the Council with a briefing on the status of the easement in the Kahuaina Subdivision from Falko Partners that was found to be in favor of the County of Kaua`i, which will provide pedestrian access to the shoreline. 10.C 2013-257 Communication (07/03/2013) from the County Attorney, requesting Council approval to expend funds up to $5,000 for Special Counsel's continued services provided for in the claim against the County of Kaua`i, filed by Shane N. Matias on June 2, 2010 and related matters. 11.C 2013-258 Communication (06/14/2013) from the Chief of Police, requesting Council approval to accept a donation of a twenty-four (24) inch by thirty-six (36) inch (National Institute of Justice (NIJ) LevellllA) Diamond Lite Ballistic Shield from Point Blank Enterprises, Inc. valued at $2,350, for use by patrol officers as the need arises. COUNCIL MEETING 5 JULY 17, 2013 12.C 2013-259 Communication (07/11/2013) from the County Attorney, requesting Council approval to expend additional funds up to $20,000 for Special Counsel's continued services to advise and represent the County Council in matters relating to the investigation of personnel matters involving the County Auditor's Office, and related matters. H. LEGAL DOCUMENT: 1. C 2013-260 Communication (07/10/2013) from the Chief of Police, recommending Council approval of a Right of Entry Permit and indemnification of Grove Farm Company, Inc., or any of its affiliates (including/without limitation to Mahaulepu Farm, LLC; Haupu Land Company, LLC; Haili Moe, Inc.; Visionary, LLC; and Lihu`e Land Company) for Right of Entry access at Grove Farm Company, Inc.'s "Old Koloa Camp." I. CLAIMS: 1. C 2013-261 Communication (06/20/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by the Kaua`i Humane Society, for reimbursement, pursuant to Section 23.06, Charter of the County of Kaua`i. 2. C 2013-262 Communication (07/03/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Ronald J. Barretto, Sr., for funeral expenses, personal injury, medical costs, and emotional distress, pursuant to Section 23.06, Charter of the County of Kaua`i. 3. C 2013-263 Communication (07/05/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Garden Isle Disposal, Inc., for damages to their vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 4. C 2013-264 Communication (07/05/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Katherine Ramos, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. COUNCIL MEETING 6 JULY 17, 2013 J. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2013-05 on 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) [Approved as Amended.] 2. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE a. CR-EPC 2013-07: on Bill No. 2486 A BILL FOR AN ORDINANCE AMENDING CHAPTER 16 AND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ABANDONED VEHICLES [Approved as Amended.] 3. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2013-17: on PWPR 2013-11 Communication (04/04/2013) from Committee Chair Kagawa and Council Chair Furfaro, requesting the presence of the Director of Parks and Recreation to provide an update on the repair and maintenance of the swimming pool facilities located in Kapa'a and Waimea, along with the status of the plans to relocate the Kapa'a Swimming Pool to a new location. [Received for the Record.] COUNCIL MEETING 7 JULY 17, 2013 4. COMMITTEE OF THE WHOLE: a. CR-COW 2013-12: on 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 [Approved as Amended.] b. CR-COW 2013-13: on 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 [Approved as Amended.] K. RESOLUTION: 1. Resolution No. 2013-56 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Hugh A. Strom) (Deferred 06/26/2013) L. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2492) — 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 2. Proposed Draft Bill (No. 2493) — A BILL FOR AN ORDINANCE AMENDING SECTION 22-5.4 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO DESIGNATION OF EXCEPTIONAL TREES 3. Proposed Draft Bill (No. 2494) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 1, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE CODE OF ETHICS 4. Proposed Draft Bill (No. 2495) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES COUNCIL MEETING 8 JULY 17, 2013 M. 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" (Deferred 06/12/2013 pending action taken by the Governor on Senate Bill 586) 2. Bill No. 2483, Draft 1 — 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) (See also CR-PL 2013-05; the Planning Committee recommended approval as amended to Bill No. 2483, Draft 1 on July 10, 2013.) 3. Bill No. 2486, Draft 1 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 16 AND CHAPTER 19, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ABANDONED VEHICLES (See also CR-EPC 2013-07; the Environmental Services / Public Safety / Community Assistance Committee recommended approval as amended to Bill No. 2486, Draft 1 on July 10, 2013.) 4. Bill No. 2487, Draft 1 — A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 1 BETWEEN JULY 1, 2013 AND JUNE 30, 2017 (See also CR-COW 2013-12; the Committee of the Whole recommended approval as amended to Bill No. 2487, Draft 1 on July 10, 2013.) 5. Bill No. 2488, Draft 1 — 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 (See also CR-COW 2013-13; the Committee of the Whole recommended approval as amended to Bill No. 2488, Draft 1 on July 10, 2013.) N. 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 9 JULY 17, 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 06/26/2013) 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 ongoing 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 06/26/2013) 3. ES-635 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Section 3.07(E) of the 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. (Deferred 06/26/2013) 4. 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 06/26/2013) 5. 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 06/26/2013) COUNCIL MEETING 10 JULY 17, 2013 6. ES-656 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 requests an Executive Session with the Council to provide the Council with a briefing regarding the claim against the County of Kaua`i by Shane N. Matias, filed on June 2, 2010 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-657 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 requests an Executive Session with the Council, to provide the Council with a briefing in matters 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. 0. ADJOURNMENT. 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.