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HomeMy WebLinkAbout 08/14/2013 Council Agenda COUNCIL MEETING NOTICE AND AGE1Fw Fr WEDNESDAY, AUGUST 14, 2013 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 13 AUG -8 P1 :55 HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 _ Lihu`e Kauai Hawai`i 96766 Lt#' C,E O THE :PIT CLERK COUNTY ',. K 1JA`4 A. MEETING CALLED TO ORDER. B. ROLL CALL. 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. CONSENT CALENDAR: 1. C 2013-275 Communication (07/16/2013) from the County Engineer, transmitting for Council consideration, a Resolution Establishing A School Zone For King Kaumuali`i Elementary School, Lihu`e District, County Of Kaua`i. (See Resolution No. 2013-61) 2. C 2013-276 Communication (07/16/2013) from the County Engineer, transmitting for Council consideration, a Resolution Establishing No Parking At Any Time And Tow Away Zones Along Portions of Po`ipu Road, Koloa District, County Of Kaua`i. (See Resolution No. 2013-62) COUNCIL MEETING AGENDA 2 AUGUST 14, 2013 3. C 2013-277 Communication (07/16/2013) from the County Engineer, transmitting for Council consideration, a Resolution Repealing An Existing Crosswalk On Menehune Road Leading To The Wooden Footpath Staircase, Waimea District, County of Kaua`i. (See Resolution No. 2013-63) 4. C 2013-278 Communication (07/18/2013) from the County Engineer, transmitting for Council information, the Administration's recommendation regarding the proposed amendment to clarify the enforcement responsibilities between County Ordinance and State Law as it applies to Bill No. 2485, Relating to the Plumbing Code. 5. C 2013-279 Communication (07/23/2013) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Richard J. Jose to the Kaua`i Civil Service Commission for the County of Kauai (Designation — Skilled/Unskilled Labor) — Term ending 12/31/2014. (See Resolution No. 2013-64) 6. C 2013-283 Communication (08/07/2013) from Councilmember Rapozo, requesting agenda time to discuss the potential closure of the Hanamd'ulu Post Office by the United States Postal Service (USPS). (See Resolution No. 2013-65) F. COMMUNICATIONS: 1. C 2013-280 Communication (07/02/2013) from Council Chair Furfaro, requesting the presence of the Managing Director and the County Auditor, to discuss the following: • Follow-up Audit of the County of Kaua`i, Building Division, Department of Public Works, • Audit of the County Capital Project Management (Kaiakea Fire Station), • Audit of the County Capital Project Management (Road Maintenance Program, Fiscal Year 2006-2007, Phase I). 2. C 2013-281 Communication (07/16/2013) from the Director of Finance, transmitting for Council information, the Fourth Quarter Statement of Equipment Purchases for Fiscal Year 2012-2013, pursuant to Section 17 of Ordinance No. 2012-736, relating to the Operating Budget of the County of Kaua`i for Fiscal Year 2012-2013. COUNCIL MEETING AGENDA 3 AUGUST 14, 2013 3. C 2013-282 Communication (07/17/2013) from the Director of Finance, transmitting for Council information, the Period 12 Financial Report — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of June 30, 2013, pursuant to Section 21 of Ordinance No. 2012-736, relating to the Operating Budget of the County of Kaua`i for Fiscal Year 2012-2013. (Copies of the Period 12 Financial Reports as of June 30, 2013 on file in the County Clerk's Office). 4. C 2013-284 Communication (07/17/2013) from Council Chair Furfaro, requesting the presence of the County Engineer, to provide an update on the Kapaia Swinging Bridge, to include, but not be limited to, the status of the Federal Highway funding, status of the design contract, and the anticipated construction start date. 5. C 2013-285 Communication (08/02/2013) from the County Attorney, requesting authorization to expend additional funds up to $10,000 to enable Special Counsel's continued representation in Kathleen M. Ah Quin vs. County of Kaua`i, Department of Transportation, et al., Civil No. CV08-00507 JMS BMK, U.S. District Court, and related matters. 6. C 2013-286 Communication (08/02/2013) from the County Attorney, requesting authorization to expend funds up to $15,000 for Special Counsel's continued services provided for the County of Kaua`i in Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. 13-1-0049 JRV (Fifth Circuit Court), and related matters. 7. C 2013-287 Communication (08/02/2013) from the County Attorney, requesting authorization to expend funds up to $50,000 to retain Special Counsel to represent the Planning Department in Transient Vacation Rentals (TVR) appeals and related matters. G. LEGAL DOCUMENTS: 1. C 2013-288 Communication (06/28/2013) from the Mayor, recommending for Council approval, the following: • Dedication Deed by Isabel M. Parraga, conveying to the County of Kaua`i Remnant Lot "A," Kalaheo Homesteads, Kalaheo, Koloa, Kaua`i, Hawai`i, for roadway widening purposes. COUNCIL MEETING AGENDA 4 AUGUST 14, 2013 2. C 2013-289 Communication (07/12/2013) from the Mayor, recommending for Council approval, the following: • Dedication Deed by KMN LLC, conveying to the County of Kaua`i Lot 19-B-10, Wailua, Puna, Kaua`i, Hawai`i for utility and roadway purposes. H. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2013-07 on PL 2013-02 Communication (07/24/2013) from Committee Chair Nakamura, requesting the presence of the Director of Planning to provide a status report on the renewal of Transient Vacation Rental (TVR) Certificates and a briefing on any administrative or court proceeding(s) involving TVR applications, certificates, or operations. [Received for the Record.] 2. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2013-10: on 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. [Approved.] 3. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2013-22: on PWPR 2013-12 Communication (05/21/2013) from Committee Chair Kagawa, requesting the presence of the County Attorney to provide an update on the status of the "Roads in Limbo." [Received for the Record.] COUNCIL MEETING AGENDA 5 AUGUST 14, 2013 I. RESOLUTIONS: 1. Resolution No. 2013-61 — RESOLUTION ESTABLISHING A SCHOOL ZONE FOR KING KAUMUALI`I ELEMENTARY SCHOOL, LIHU`E DISTRICT, COUNTY OF KAUAI 2. Resolution No. 2013-62 — RESOLUTION ESTABLISHING NO PARKING AT ANY TIME AND TOW AWAY ZONES ALONG PORTIONS OF PO`IPU ROAD, KOLOA DISTRICT, COUNTY OF KAUAI 3. Resolution No. 2013-63 — RESOLUTION REPEALING AN EXISTING CROSSWALK ON MENEHUNE ROAD, WAIMEA DISTRICT, COUNTY OF KAUAI 4. Resolution No. 2013-64 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Richard J. Jose) 5. Resolution No. 2013-65 — RESOLUTION OPPOSING THE CLOSURE OF THE HANAMA`ULU POST OFFICE J. BILLS FOR SECOND READING: 1. Bill No. 2464, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Deferred 06/05/2013) 2. Bill No. 2485, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PLUMBING CODE (Deferred 07/24/2013) K. 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 6 AUGUST 14, 2013 1. ES-663 Pursuant to Hawai`i Revised Statutes (HRS) Section 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 to allow the Council to consult with the County Attorney and Kaua`i Police Department on the Kaua`i Police Department's protocol and procedures for the handling of drug crimes 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. 2. ES-664 Pursuant to Hawai`i Revised Statutes (HRS) Section 92-4 and 92-5(a)(4), (6) 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 on Kathleen M. Ah Quin v. County of Kaua`i, Department of Transportation, et al., Civil No. 08-00507 JMS BMK, 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. 3. ES-665 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 requests an Executive Session with the Council to provide the Council with a briefing on the retention of special counsel to represent the Planning Department in TVR appeals and related matters. The 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-666 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 Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. 13-1-0049 JRV (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. L. ADJOURNMENT. COUNCIL MEETING AGENDA 7 AUGUST 14, 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://u u-w.kaitai.got!/Gorernnient/CountyCouncil/PublicHearingNoticesandMinu tes/tabid/599/Default.aspx 1. 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. 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. 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 4. 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 5. 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 N. 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.