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Home My WebLink About 07/31/2013 Council Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, JULY 31, 2013 8:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 Lihu`e, Kaua`i, Hawai`i 96766 R F C f'I V F f A. MEETING CALLED TO ORDER. 13 ii 25 P4 :43 OFFICE OF B. ROLL CALL. THE COUNTY CLERK COUNTY OF 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 26, 2013 Public Hearing re: Bill No. 2464, Bill No. 2483, and Bill No. 2486 2. July 10, 2013 Special Council Meeting 3. July 10, 2013 Public Hearing re: Bill No. 2487 and Bill No. 2488 F. CONSENT CALENDAR: 1. C 2013-265 Communication (07/10/2013) from the County Engineer, transmitting for Council consideration, a Resolution Establishing A Crosswalk And Eliminating On-Street Parking on Rice Street, Lihu`e District, County Of Kaua`i (See Resolution No. 2013-60) COUNCIL MEETING AGENDA 2 JULY 31, 2013 2. C 2013-266 Communication (07/12/2013) 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 the State of Hawai`i Organization of Police Officers (SHOPO) Bargaining Unit 12 between July 1, 2011 and June 30, 2017, pursuant to Section 19.13(B) of the Kaua`i County Charter. (See Proposed Draft Bill (No. 2496)) G. COMMUNICATIONS: 1. C 2013-267 Communication (07/24/2013) from the County Clerk, requesting Council approval to execute the Kaua`i Veteran's Center Rental Agreement, which includes a provision for the renter to be responsible for injuries arising out of the Kaua`i County Council's use of the Kaua`i Veterans Center on July 31, 2013 for the public hearing on Bill No. 2491. 2. 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. (Deferred 07/17/2013) 3. C 2013-268 Communication (07/11/2013) from the Director of Parks & Recreation, requesting Council approval to accept a donation of $758 from Jim and Sylvia Thacker to purchase a replacement bench to be located at the Hanalei Pier Pavilion Park. 4. C 2013-269 Communication (07/17/2013) from the Prosecuting Attorney, requesting Council approval to establish and hire one (1) fifty percent (.50) Full-Time Equivalent (FTE) Office of the Prosecuting Attorney (OPA) Special Investigator position on an 89-day contractual basis utilizing funding currently budgeted in OPA. 5. C 2013-270 Communication (07/19/2013) from the County Attorney, requesting Council approval to expend funds up to $32,000 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. COUNCIL MEETING AGENDA 3 JULY 31, 2013 H. LEGAL DOCUMENT: 1. C 2013-271 Communication (07/16/2013) from Ian K. Jung, Deputy County Attorney, recommending Council approval of a Grant of Pedestrian and Parking Easements relating to Kahuaina Plantation Subdivision (S-2007-02) and Kahuaina Plantation Subdivision Phase II Subdivision (S-2009-15): • Grant Of Pedestrian And Parking Easements; concerning real property identified as Lot 15-A (TMK (4) 5-1-003:006), Lot 15-D (TMK (4) 5-1-003:032) and Lot 15-K (TMK (4) 5-1-003:039). I. CLAIMS: 1. C 2013-272 Communication (07/16/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by EAN Holdings, for damages to their vehicle, pursuant to Section 23-06, Charter of the County of Kaua`i. 2. C 2013-273 Communication (07/16/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Aloha Medical Centers, for damages to their property, pursuant to Section 23-06, Charter of the County of Kaua`i. 3. C 2013-274 Communication (07/19/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Regency at Puakea, for property damage, pursuant to Section 23-06, Charter of the County of Kaua`i. J. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2013-06 on Bill No. 2464 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE [Approved as Amended.] COUNCIL MEETING AGENDA 4 JULY 31, 2013 2. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2013-08: on EPC 2013-06 Communication (05/21/2013) from Committee Chair Rapozo and Council Vice Chair Nakamura, requesting the presence of the Civil Defense Manager and the Emergency Management Officer to provide a briefing on the status of the Tsunami Evacuation Maps and an update on the new modeling technologies from the University of Hawaii. [Received for the Record.] b. CR-EPC 2013-09: on EPC 2013-07 Communication (07/11/2013) from Committee Chair Rapozo, requesting the presence of the County Engineer and the Chief, Wastewater Division, Department of Public Works, to provide a briefing on the status of the Administration's efforts to address concerns regarding the odiferous compounds coming from Coco Palms Sewage Pump Station at the Wailua Wastewater facility near the entrance of the Wailua Houselots subdivision. [Received for the Record.] 3. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2013-18: on Bill No. 2485 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PLUMBING CODE [Approved as Amended.] b. CR-PWPR 2013-19: on PWPR 2013-13 Communication (06/25/2013) from Committee Chair Kagawa, requesting the presence of the Director of Parks and Recreation to provide an update on the scoreboards that are being used during athletic events at Hanapepe Stadium, Vidinha Stadium, and Kapa'a Park. This briefing should include, but not be limited to, whether the scoreboards are in need of some form of repair and maintenance, and if so, the timeframe expected for completion of the repair. [Received for the Record.] COUNCIL MEETING AGENDA 5 JULY 31, 2013 c. CR-PWPR 2013-20: on PWPR 2013-14 Communication (06/26/2013) from Committee Chair Kagawa and Council Chair Furfaro, requesting the presence of the Director of Parks and Recreation to provide an update on Black Pot Beach Park. This briefing should include, but not be limited to, any issues associated with the comfort station and septic system at the park. [Received for the Record.] d. CR-PWPR 2013-21: on PWPR 2013-15 Communication (06/26/2013) from Councilmember Yukimura, requesting the presence of the Director of Parks and Recreation to provide an update on the County of Kaua`i's Parks Master Plan. [Received for the Record.] 4. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2013-12: on FED 2013-03 Communication (05/24/2013) from Committee Chair Bynum and Councilmember Yukimura, requesting the presence of the Director of Economic Development to provide an overview on the Office of Economic Development's process for energy and tourism related grants. This briefing should include, but not be limited to, selection criteria for grantees, prioritization of programs, reporting requirements, and all other requirements. [Received for the Record. COUNCIL MEETING AGENDA 6 JULY 31, 2013 5. COMMITTEE OF THE WHOLE: a. CR-COW 2013-14: on COW 2013-04 Communication (06/28/2013) from Council Chair Furfaro, requesting the presence of the Director of Parks and Recreation to provide a briefing on the Administration's plans to restore the former Hanalei Courthouse facility. This briefing should include, but not be limited to the following: • Plans for renovation; • Construction plans, including any necessary site work, such as flood walls, parking, etc.; • The proposed use(s); and • Whether meetings were conducted with the Hanalei community to present the Administration's proposed plans for renovation and use of the facility. [Received for the Record.] K. RESOLUTION: 1. Resolution No. 2013-60 — RESOLUTION ESTABLISHING A CROSSWALK AND ELIMINATING ON-STREET PARKING ON RICE STREET, LIHU`E DISTRICT, COUNTY OF KAUAI L. BILL FOR FIRST READING: 1. Proposed Draft Bill (No. 2496) — A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 12 BETWEEN JULY 1, 2011 AND JUNE 30, 2017 M. EXECUTIVE SESSION: Pursuant to Hawai`i 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 AGENDA 7 JULY 31, 2013 1. ES-659 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. N. ADJOURNMENT. 0. 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. Please note: The location of this public hearing has been moved from the Kaua`i Community College Performing Arts Center to the Kauai Veterans Center located at 3215 Kapule Highway,Lihu`e, Hawai`i 96766. [*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.•//wwu%.kauai..you/Government/CountyCounei1/Public.FlearingNoticesandMinutes/tabid/599/Defau.lt.aspx 1. 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 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.