The URL can be used to link to this page

Home My WebLink About 09/11/2013 Council Agenda a i COUNCIL MEETING NOTICE AND AGEND*Fr Ivp'n WEDNESDAY, SEPTEMBER 11, 2013 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 13 SEP -5 P3 53 HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 O F CE O LIHU`E, KAUAI, HAWAII 96766 THE COUNTY CLERK COUNTY OF KAUA'! 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. MINUTES of the following meetings of the Council: 1. August 7, 2013 Public Hearing re: Bill No. 2495 F. CONSENT CALENDAR: 1. C 2013-305 Communication (01/14/2013) from the Chief of Engineering, transmitting for Council consideration, a Resolution Establishing "Authorized Parking Only — Tow Away Zone" (No-Parking Zone) at Both Parking Lots Adjacent to the County of Kaua`i Police Department Building and Emergency Operations Center Building, Lihu`e District, County of Kaua`i. (See Resolution No. 2013-68) COUNCIL MEETING AGENDA 2 SEPTEMBER 11, 2013 2. C 2013-306 Communication (08/06/2013) from the County Engineer, transmitting for Council consideration, a Resolution modifying parking restrictions at the three on-street parking stalls on the south side of Rice Street just west of Umi Street to be from 6:00 a.m. to 6:00 p.m. except Saturdays, Sundays, and holidays, and establishing reverse angle parking and bike lanes on Umi Street. (See Resolution No. 2013-69) 3. C 2013-307 Communication (08/15/2013) from the County Engineer, transmitting for Council consideration, a Resolution Authorizing the Mayor or the Director of Finance of the County of Kaua`i to Enter into an Intergovernmental Agreement with the State of Hawai`i, Department of Health, for a Loan from the State Water Pollution Control Revolving Fund for the `Ele`ele Wastewater Treatment Plant Improvements, Project No. C150050-11. (See Resolution No. 2013-70) 4. C 2013-308 Communication (08/19/2013) from Council Chair Furfaro, transmitting for Council consideration, proposed amendments to Chapter 6, Kaua`i County Code 1987, as amended, by establishing a new article Relating to Charges and Fees. (See Proposed Draft Bill (No. 2499)) 5. C 2013-309 Communication (08/23/2013) from the Director of Finance, transmitting for Council consideration, a Bill for an Ordinance to Amend Ordinance No. B-2013-753, as amended, Relating to the Operating Budget of the County of Kauai, State of Hawai`i, for the Fiscal Year July 1, 2013 through June 30, 2014, by Revising the Amounts Estimated in the General Fund. (SHOPO Arbitration) (See Proposed Draft Bill (No. 2500)) 6. C 2013-310 Communication (08/23/2013) from the Director of Finance, transmitting for Council consideration, a Bill for an Ordinance Amending Ordinance No. B-2013-753, as Amended, Relating to the Operating Budget of the County of Kaua`i, State of Hawai`i, for the Fiscal Year July 1, 2013 through June 30, 2014, by Revising the Budget Proviso in Section 2(e) Relating to the Committed Reserve Fund Balance. (See Proposed Draft Bill (No. 2501)) 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 Kaua`i Economic Development Board (KEDB), and consultant Alan Tang, to provide an update on the Comprehensive Economic Development Strategy (CEDS) — Creative Technology Center Business Plan. (Deferred 07/17/2013) COUNCIL MEETING AGENDA 3 SEPTEMBER 11, 2013 2. 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.) (Deferred 08/28/2013) 3. C 2013-311 Communication (08/26/2013) from the Director of Finance, transmitting for Council information, the Condition of the County Treasury Statement quarterly report as of August 1, 2013. 4. EDR 2013-04 Communication (07/29/2013) from Councilmember Rapozo, transmitting for Council consideration, a proposed Bill for an Act to Repeal Section 143-16 of the Hawai`i Revised Statutes (HRS) Relating to the Contract between the County of Kaua`i and Kauai Humane Society, for inclusion in the 2014 County of Kaua`i Legislative Package. (The Economic Development (Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations Committee recommended approval on September 4, 2013.) H. LEGAL DOCUMENT: 1. C 2013-312 Communication (08/22/2013) from the Housing Director, recommending Council approval of a Fourth Amendment of Sewage Treatment Agreement Contract No. 4359 with Kukui`ula South Shore Community Services (KSSC) to establish new rates for sewage treatment services at the Pa'anau Development in Koloa, Kaua`i, Hawai`i. I. CLAIMS: 1. C 2013-313 Communication (08/22/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by DTRIC Insurance Co. Ltd., on behalf of Aqua Engineers, for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. COUNCIL MEETING AGENDA 4 SEPTEMBER 11, 2013 2. C 2013-314 Communication (08/29/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Richard and Melva Arakaki, for damages to their property, pursuant to Section 23.06, Charter of the County of Kaua`i. 3. C 2013-315 Communication (09/04/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Eileen Shavelson, for damages arising out of the alleged negligence and discrimination of the Kaua`i Police Department, pursuant to Section 23.06, Charter of the County of Kaua`i. J. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2013-08: on PL 2013-04 Communication (08/22/2013) from Committee Chair Nakamura, requesting the presence of the Director of Planning, to provide a briefing regarding the Kahuaina Subdivision, Phase II, including the subdivision approval process, approved density, conditions of approval and subdivision maps. This briefing shall also include the determination of the location and terms of the Grant of Pedestrian and Parking Easement from Falko Partners, LLC, including the parking area's distance to the shoreline, the number of parking stalls and responsibility for the maintenance of the public access. [Received for the Record.] b. CR-PL 2013-09: on PL 2013-05 Communication (08/28/2013) 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 regarding any administrative or court proceeding involving TVR applications, certificates or operations. [Received for the Record.] COUNCIL MEETING AGENDA 5 SEPTEMBER 11, 2013 2. ECONOMIC DEVELOPMENT (SUSTAINABILITY / AGRICULTURE / FOOD / ENERGY) & INTERGOVERNMENTAL RELATIONS COMMITTEE: a. CR-EDR 2013-05: on EDR 2013-04 Communication (07/29/2013) from Councilmember Rapozo, transmitting for Council consideration, a proposed Bill for an Act to Repeal Section 143- 16 of the Hawai`i Revised Statutes (HRS) Relating to the Contract between the County of Kaua`i and Kaua`i Humane Society, for inclusion in the 2014 County of Kaua`i Legislative Package. [Approved.] 3. COMMITTEE OF THE WHOLE: a. CR-COW 2013-17: on 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 [Approved.] K. RESOLUTIONS: 1. 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 (Deferred 08/28/2013) 2. Resolution No. 2013-68 — RESOLUTION ESTABLISHING "AUTHORIZED PARKING ONLY — TOW AWAY ZONE" (NO-PARKING ZONE) AT BOTH PARKING LOTS ADJACENT TO THE COUNTY OF KAUAI POLICE DEPARTMENT BUILDING AND EMERGENCY OPERATIONS CENTER BUILDING, LIHU`E DISTRICT, COUNTY OF KAUAI 3. Resolution No. 2013-69 — RESOLUTION MODIFYING PARKING RESTRICTIONS, ESTABLISHING REVERSE ANGLE PARKING, AND ESTABLISHING BIKE LANES ON RICE STREET AND UMI STREET, LIHU`E DISTRICT, COUNTY OF KAUAI COUNCIL MEETING AGENDA 6 SEPTEMBER 11, 2013 4. Resolution No. 2013-70 — RESOLUTION AUTHORIZING THE MAYOR OR THE DIRECTOR OF FINANCE OF THE COUNTY OF KAUAI TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH, FOR A LOAN FROM THE STATE WATER POLLUTION CONTROL REVOLVING FUND FOR THE `ELE`ELE WASTEWATER TREATMENT PLANT IMPROVEMENTS, PROJECT NO. C150050-11 L. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2499) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, KAUAI COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW ARTICLE RELATING TO CHARGES AND FEES 2. Proposed Draft Bill (No. 2500) — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B-2013-753, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2013 THROUGH JUNE 30, 2014, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (SHOPO Arbitration) 3. Proposed Draft Bill (No. 2501) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2013-753, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2013 THROUGH JUNE 30, 2014, BY REVISING THE BUDGET PROVISO IN SECTION 2(E) RELATING TO THE COMMITTED RESERVE FUND BALANCE M. BILLS FOR SECOND READING: 1. 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 (Deferred 08/28/2013) 2. 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 (See also CR-COW 2013-17; the Committee of the Whole recommended approval on second and final reading.) COUNCIL MEETING AGENDA 7 SEPTEMBER 11, 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.) O. 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.