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HomeMy WebLinkAbout 08/28/2013 Council Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, AUGUST 28, 2013 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 Lihu`e, Kauai, Hawai`i 96766 A. MEETING CALLED TO ORDER. 13 AU6 22 P3 26 B. ROLL CALL. OFFICE OF THE COUNTY CLERK COUNTY SF 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 Council Meeting 2. August 14, 2013 Special Council Meeting F. CONSENT CALENDAR: 1. C 2013-290 Communication (07/31/2013) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Anne K. Schneider to the Kaua`i Historic Preservation Review Commission for the County of Kaua`i (Designation — Planning) — Term ending 12/31/2015. (See Resolution No. 2013-66) COUNCIL MEETING AGENDA 2 AUGUST 28, 2013 2. C 2013-291 Communication (08/20/2013) from Council Chair Furfaro, transmitting for Council consideration, a Bill for an Ordinance to Amend the Kaua`i County Code 1987, as amended, by Adding a New Article to Chapter 4, relating to the Registration and Regulation of Lobbyists. (See Proposed Draft Bill (No. 2497)) 3. C 2013-292 Communication (08/20/2013) from Council Vice Chair Nakamura, transmitting for Council consideration, proposed amendments to Chapter 8 of the Kaua`i County Code 1987, as amended, relating to Bus Stops for Commercial Development. (See Proposed Draft Bill (No. 2498)) 4. C 2013-293 Communication (08/22/2013) from Councilmember Yukimura, transmitting for Council consideration, a Resolution Amending Resolution No. 2013-02, relating to the Rules of the Council of the County of Kaua`i for the Organization of Committees and the Transaction of Business. (See Resolution No. 2013-67) G. COMMUNICATIONS: 1. 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. (The Environmental Services / Public Safety / Community Assistance Committee recommended approval on August 7, 2013.) 2. C 2013-294 Communication (07/05/2013) from the County Engineer, requesting agenda time to provide a progress update of the Proposed New Landfill and Resource Recovery Park. 3. C 2013-295 Communication (07/17/2013) from Council Chair Furfaro, requesting the presence of the Director of Economic Development, to provide an update on the East and West Kaua`i Soil and Water Conservation District 2012 Annual Report. COUNCIL MEETING AGENDA 3 AUGUST 28, 2013 4. C 2013-296 Communication (08/01/2013) from the Executive on Transportation, requesting Council approval to receive, indemnify, and expend the Federal Fiscal Year 2013 Federal Transit Administration (FTA) Section 5311 Annual Apportionment provided to the County of Kaua`i for the following: 1) "Formula Grant for Other Than Urbanized Areas" in the amount of$1,000,000 to support public transit operations. 2) "Rural Transit Assistance Program" for an unspecified portion of the statewide award of $95,947, which will be allocated among the State of Hawai`i Department of Transportation (DOT), County of Maui, County of Kaua`i, and County of Hawai`i for transit training and technical assistance. 5. C 2013-297 Communication (08/01/2013) from Jennifer S. Winn, Deputy County Attorney, transmitting for Council information the Quarterly Report on Settled Claims Against the County of Kaua`i from April 1, 2013 through June 30, 2013. 6. C 2013-298 Communication (08/07/2013) from Councilmember Yukimura, requesting Council consideration to release the County Attorney opinion dated May 2, 2013 relating to County Funding Of Trap-Neuter-Release Efforts. 7. C 2013-299 Communication (08/14/2013) from the County Attorney, requesting authorization to expend funds up to $50,000 for Special Counsel's continued services provided in County of Kaua`i vs. Michael Guard Sheehan, et al., Civil No. 11-1-0098 (Condemnation), Fifth Circuit Court, and related matters. 8. C 2013-300 Communication (08/14/2013) from the County Attorney, requesting authorization to expend funds up to $20,000 for Special Counsel's continued services provided for the County of Kaua`i in Jeffrey Sampoang vs. Harvey Brothers, LLC; et al., Civil No. 12-1-0294 JKW (Fifth Circuit Court), and related matters. COUNCIL MEETING AGENDA 4 AUGUST 28, 2013 9. C 2013-301 Communication (08/15/2013) from the Director of Finance, transmitting for Council information, the Inventory Report for the Fiscal Year Ending June 30, 2013. (Copy on file in the Clerk's Office.) 10.EDR 2013-02 Communication (07/24/2013) from Councilmember Yukimura, requesting agenda time to discuss and approve a proposed amendment to Chapter 196, Hawai`i Revised Statutes (HRS), (Solar Water Heating Law for New Single-Family and Duplex Construction) that would require an application for a variance based on consumer choice and energy efficiency, for inclusion in the 2014 County of Kaua`i and Hawai`i State Association of Counties (HSAC) Legislative Packages. (The Economic Development (Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations Committee recommended approval on August 21, 2013.) 11.EDR 2013-03 Communication (07/24/2013) from Councilmember Yukimura, requesting agenda time to discuss and approve a proposed amendment to Senate Bill (S.B.) 16, Senate Draft (S.D.) 2 amending Chapter 196, Hawai`i Revised Statutes (HRS), (Solar Water Heating Law for New Single-Family and Duplex Construction) by requiring variance applications and requirements to be handled by the Counties, for inclusion in the 2014 County of Kaua`i and Hawai`i State Association of Counties (HSAC) Legislative Packages. (The Economic Development (Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations Committee recommended approval on August 21, 2013.) 12.EDR 2013-05 Communication (08/02/2013) from Councilmember Rapozo, transmitting for Council consideration, House Bill (H.B.) 215 Relating to Liability, for inclusion in the 2014 County of Kaua`i and Hawai`i State Association of Counties (HSAC) Legislative Packages. (The Economic Development (Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations Committee recommended approval on August 21, 2013.) COUNCIL MEETING AGENDA 5 AUGUST 28, 2013 H. LEGAL DOCUMENTS: 1. C 2013-302 Communication (08/15/2013) from Ian K. Jung, Deputy County Attorney, recommending Council approval of the following: • Dedication Deed by Kukui`ula Development Company (Hawai`i), LLC, conveying to the County of Kaua`i Roadway Lot 18, Kukui`ula Large Lot Subdivision III (TMK: (4) 2-6-015:018) and Roadway Lot 19, Kukui`ula Large Lot Subdivision III (TMK: (4) 2-6-015:019), K6loa, Kauai, Hawaii. • Dedication Deed by Kukui`ula Development Company (Hawai`i), LLC, conveying to the County of Kauai Lot 427-C, Land Court Application No. 956 (Amended) (TMK: (4) 2-7-003:009), K6loa, Kauai, Hawai`i for the Western Bypass Road Link. • Kukui`ula Improvements Maintenance Agreement with Kukui`ula Development Company (Hawai`i), LLC, TMK: (4) 2-6-015:018, TMK: (4) 2-6-015:019, and TMK: (4) 2-7-003:009, K6loa, Kauai, Hawaii, for maintenance commitments as outlined in the agreement. I. CLAIMS: 1. C 2013-303 Communication (08/09/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Milagros M. Ibanez, for damage to her vehicle, pursuant to Section 23-06, Charter of the County of Kauai. 2. C 2013-304 Communication (08/13/2013) from the Deputy County Clerk, transmitting a claim for reimbursement filed against the County of Kaua`i by Liberty Mutual Fire Insurance Company as subrogee for Kaua`i Island Utility Cooperative, pursuant to Section 23-06, Charter of the County of Kauai. J. COMMITTEE REPORTS: 1. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2013-11: on 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 [Received for the Record.] COUNCIL MEETING AGENDA 6 AUGUST 28, 2013 2. ECONOMIC DEVELOPMENT (SUSTAINABILITY / AGRICULTURE / FOOD / ENERGY) & INTERGOVERNMENTAL RELATIONS COMMITTEE: a. CR-EDR 2013-02: on EDR 2013-02 Communication (07/24/2013) from Councilmember Yukimura, requesting agenda time to discuss and approve a proposed amendment to Chapter 196, Hawai`i Revised Statutes (HRS), (Solar Water Heating Law for New Single-Family and Duplex Construction) that would require an application for a variance based on consumer choice and energy efficiency, for inclusion in the 2014 County of Kauai and Hawai`i State Association of Counties (HSAC) Legislative Packages. [Approved.] b. CR-EDR 2013-03: on EDR 2013-03 Communication (07/24/2013) from Councilmember Yukimura, requesting agenda time to discuss and approve a proposed amendment to Senate Bill (S.B.) 16, Senate Draft (S.D.) 2 amending Chapter 196, Hawai`i Revised Statutes (HRS), (Solar Water Heating Law for New Single-Family and Duplex Construction) by requiring variance applications and requirements to be handled by the Counties, for inclusion in the 2014 County of Kaua`i and Hawai`i State Association of Counties (HSAC) Legislative Packages. [Approved.] c. CR-EDR 2013-04: on EDR 2013-05 Communication (08/02/2013) from Councilmember Rapozo, transmitting for Council consideration, House Bill (H.B.) 215 Relating to Liability, for inclusion in the 2014 County of Kaua`i and Hawai`i State Association of Counties (HSAC) Legislative Packages. [Approved.] COUNCIL MEETING AGENDA 7 AUGUST 28, 2013 3. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2013-13: on 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 [Approved as Amended.] b. CR-FED 2013-14: on 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 [Approved as Amended.] c. CR-FED 2013-15: on Bill No. 2495, Draft 1 A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY [Approved as Amended.] 4. COMMITTEE OF THE WHOLE: a. CR-COW 2013-15: on 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 [Approved.] COUNCIL MEETING AGENDA 8 AUGUST 28, 2013 b. CR-COW 2013-16: on 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 [Approved.] K. RESOLUTIONS: 1. Resolution No. 2013-66 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION (Anne K Schneider) 2. Resolution No. 2013-67 — RESOLUTION AMENDING RESOLUTION NO. 2013-02 RELATING TO THE RULES OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE ORGANIZATION OF COMMITTEES AND THE TRANSACTION OF BUSINESS L. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2497) — A BILL FOR AN ORDINANCE TO AMEND THE KAUAI COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW ARTICLE TO CHAPTER 4, RELATING TO THE REGISTRATION AND REGULATION OF LOBBYISTS 2. Proposed Draft Bill (No. 2498) — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO BUS STOPS FOR COMMERCIAL DEVELOPMENT (Kaua`i County Council, Applicant) M. BILLS FOR SECOND READING: 1. Bill No. 2489, Draft 1 — 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 (See also CR-FED 2013-13; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval as amended to Bill No. 2489, Draft 1 on August 21, 2013.) COUNCIL MEETING AGENDA 9 AUGUST 28, 2013 2. Bill No. 2490, Draft 1 — 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 (See also CR-FED 2013-14; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval as amended to Bill No. 2490, Draft 1 on August 21, 2013.) 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 (See also CR-COW 2013-15; the Committee of the Whole recommended approval on second and final reading.) 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 (See also CR-EPC 2013-11; the Environmental Services / Public Safety / Community Assistance Committee recommended Bill No. 2493 be received for the record.) 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 (See also CR-COW 2013-16; the Committee of the Whole recommended approval on second and final reading.) 6. Bill No. 2495, Draft 2 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, AS AMENDED, RELATING TO REAL PROPERTY TAXES (See also CR-FED 2013-15; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval as amended to Bill No. 2495, Draft 2 on August 21, 2013.) N. 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 10 AUGUST 28, 2013 1. ES-667 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and the 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, discussion and consultation regarding the quarterly report on pending and denied claims. 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. 2. ES-668 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 purpose of this Executive Session is to provide the Council with a briefing on County of Kaua`i vs. Michael Guard Sheehan, et al., Civil No. 11-1-0098 (Condemnation), 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. 3. ES-669 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. 4. ES-670 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 and to discuss legal issues concerning the application and enforcement of Kaua`i County Code Chapter 8, Article 17, specifically the sections enacted under Ordinance Nos. 864, 876 and 904, 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 AGENDA 11 AUGUST 28, 2013 5. ES-671 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 purpose of this Executive Session is to provide Council with a briefing and request for authority to settle claim against the County by Joseph L. Wildman, Esq., on behalf of Allan Albert, filed on February 25, 2013 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-672 Pursuant to Hawai`i Revised Statutes 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 regarding the impact of the Koontz vs. St. Johns River Water Management District on the County's ability to impose exactions on developers and issues relating to the County's liability with respect to public access easements, 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. 0. ADJOURNMENT. P. 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: h ttp://www.kauai.gor/Govern meal/Count yCouncil/PublicHearingNoticesam iMinutes/tabid/599/Default.aspx 1. 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 Q. 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, TQ THE COUNTY TYY CLERK 4396 RICE STREET SUITE 209, LIHU`E, KAUAI, HAWAII' 96766. TELEPHONE NO. (808) 241-4188. FACSIMILE NO. (808) 241-6349.