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HomeMy WebLinkAbout 09/25/2013 Council Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, SEPTEMBER 25, 2013 9:00 A.M. OR SOON THEREAFTER, COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 '13 SEP 19 P2 :50 LIHU`E, KAUAI, HAWAII 96766 A. MEETING CALLED TO ORDER. THE C ; ;zNTY CLERK CNN ! - KtfkliAl 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. June 26, 2013 Public Hearing re: Bill No. 2485 2. July 31, 2013 Public Hearing re: Bill No. 2491 3. August 14, 2013 Council Meeting 4. August 14, 2013 Public Hearing re: Bill No. 2489, Bill No. 2490, Bill No. 2492, Bill No. 2493, and Bill No. 2494 5. August 28, 2013 Council Meeting 6. September 4, 2013 Special Council Meeting 7. September 12, 2013 Special Council Meeting 8. September 16, 2013 Special Council Meeting F. CONSENT CALENDAR: 1. C 2013-316 Communication (08/21/2013) from the Kaua`i Planning Commission, transmitting the Planning Commission's recommendation to approve the repeal of Ordinance No. 716, relating to standards, permits, and fees for work on buildings, structures, and property damaged by Hurricane `Iniki. (Director's Report and the Minutes of the July 9, 2013 Planning Commission Meeting on file in the County Clerk's Office.) (See Proposed Draft Bill (No. 2502)) COUNCIL MEETING AGENDA 2 SEPTEMBER 25, 2013 2. C 2013-317 Communication (09/18/2013) from Councilmember Kagawa and Councilmember Rapozo, transmitting for Council consideration, a resolution naming the softball field at Anne Knudsen Park the "Rosie Bukoski Field" in honor of the late Rosemary Bukoski. (See Resolution No. 2013-71) 3. C 2013-318 Communication (09/19/2013) from Councilmember Yukimura, relating to 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. G. COMMUNICATIONS: 1. 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 09/11/2013) 2. C 2013-319 Communication (08/15/2013) from Council Chair Furfaro, requesting the presence of the County Engineer, to provide an update on the Kapaia Swinging Bridge Project to include, but not be limited to, the following: • The results of the review by the Kaua`i Historic Preservation Commission at the September 5, 2013 Commission meeting. • The project's critical path that documents the steps that need to take place in order to begin construction. • The land access options, i.e., grant of easement, lease, or purchase. • Summary of budget costs from the initial appropriation by the Council in FY 2006 to present, and anticipated future costs. 3. C 2013-320 Communication (08/28/2013) from Councilmember Kagawa, requesting the presence of the County Engineer, to provide an update on the status of the Hanapepe Pedestrian Access Bridge Project to include, but not be limited to, the project's critical path, summary of costs from the initial budget appropriation to present, and anticipated costs. COUNCIL MEETING AGENDA 3 SEPTEMBER 25, 2013 4. C 2013-321 Communication (09/04/2013) from the Prosecuting Attorney, requesting Council approval to receive and expend Federal funds in the amount of $130,000 for the Ke `Ahi Pio `Ole project, also known as the Cold Case Unit, for consultants, overtime for Kaua`i Police Department (KPD) Detectives and the Office of the Prosecuting Attorney's (OPA) Special Investigators, training, travel for interviews, DNA submission, digital photographs and/or transcripts, and office supplies to continue work on solving the island's cold cases; and to indemnify the State of Hawai`i, Department of the Attorney General. 5. C 2013-322 Communication (09/06/2013) from the Housing Director, requesting Council approval to apply for and expend grant funding in the amount of $133,000 and to indemnify the United States Department of Housing and Urban Development (HUD) for the continuation of the two (2) Housing Choice Voucher (HCV) Family Self-Sufficiency (FSS) Program Coordinator's salaries which enables participating low-income families to increase their earned income, reduce or eliminate the need for welfare assistance and rental subsidies, and make progress toward economic independence and self-sufficiency. H. LEGAL DOCUMENTS: 1. C 2013-323 Communication (08/26/2013) from the County Engineer, recommending Council approval of a Request for Dedication Agreement, made by and between the County of Kaua`i and the State of Hawai`i Department of Transportation (HDOT) to dedicate to HDOT a four (4) foot wide strip of land from the following properties adjacent to Kuhio Highway for the Lydgate Park to Kapa'a Bike/Pedestrian Path project: • TMK: 4-3-09:41, Kaua`i Kai Association (Lot B-2) • TMK: 4-3-09:71, Creighton S. Fujii (Lots D-2 and E-2) • TMK: 4-3-09:42, Masakatsu & Mieko Katsura (Lots F-2 and G-2) • TMK: 4-3-09:04, Kapa'a Shore Condo (Lots C-1, H-1, J-1, K-1, and L-1) 2. C 2013-324 Communication (09/11/2013) from the Executive on Transportation, requesting Council approval of the indemnification and Limitation of Liability provisions contained in the Equipment Acquisition and Maintenance Agreement, which allows the Parsons Environment and Infrastructure Group to administer the Periodic Motor Vehicle Inspection Program (PMVI) and continue providing the County with vehicle safety inspection services. COUNCIL MEETING AGENDA 4 SEPTEMBER 25, 2013 I. CLAIMS: 1. C 2013-325 Communication (08/30/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Susan F. Rubin, for damages to her property, pursuant to Section 23.06, Charter of the County of Kaua`i. 2. C 2013-326 Communication (09/09/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by William R. Ronaldson, for damages to his property, pursuant to Section 23.06, Charter of the County of Kaua`i. 3. C 2013-327 Communication (09/13/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Mary Ann A. Bender, for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. J. COMMITTEE REPORTS: 1. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2013-12: on 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. [Received for the Record.] 2. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2013-23: on PWPR 2013-16 Communication (07/19/2013) from Committee Chair Kagawa, requesting the presence of the Director of Parks and Recreation to provide an update on the Americans with Disabilities Act (ADA) improvements and food booth for Hanapepe Stadium. This briefing shall include the plans for a new ADA restroom behind the home team bleachers, as well as the plans for an ADA walkway and food booth which the Council approved in the County of Kaua`i's Capital Improvement Projects (CIP) Budget for Fiscal Year 2013-2014. [Received for the Record.] COUNCIL MEETING AGENDA 5 SEPTEMBER 25, 2013 b. CR-PWPR 2013-24: on PWPR 2013-17 Communication (08/12/2013) from Council Chair Furfaro, requesting the presence of the Director of Parks and Recreation to discuss Oceanit's report that addresses the large amount of debris that accumulated in Lydgate Pond from the March 2012 storm events, and their recommendations thereof. This briefing shall include, but not be limited to, the current status of the Pond. [Received for the Record.] c. CR-PWPR 2013-25: on PWPR 2013-18 Communication (09/04/213) from Council Chair Furfaro, requesting the presence of the Director of Parks and Recreation and the County Engineer to discuss the current policies, procedures, and various responsibilities for processing repair and maintenance requests. [Received for the Record.] 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 09/11/2013) 2. Resolution No. 2013-71 — RESOLUTION NAMING THE SOFTBALL FIELD AT ANNE KNUDSEN PARK "ROSIE BUKOSKI FIELD" IN HONOR OF THE LATE ROSEMARY BUKOSKI L. BILL FOR FIRST READING: 1. Proposed Draft Bill (No. 2502) — A BILL FOR AN ORDINANCE TO REPEAL ORDINANCE NO. 716, RELATING TO STANDARDS, PERMITS AND FEES FOR WORK ON BUILDINGS, STRUCTURES AND PROPERTY DAMAGED BY HURRICANE `INIKI COUNCIL MEETING AGENDA 6 SEPTEMBER 25, 2013 M. 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.) 1. 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. (Deferred 09/04/2013) 2. ES-672 Pursuant to Hawaii Revised Statutes Sections 92-4, 92-5(a)(4), and Kauai 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. (Deferred 09/04/2013) 3. ES-677 Pursuant to Hawai`i Revised Statutes 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 to request for authority to settle the case of Verna Rita vs. County of Kaua`i, Civil No. CV12-00605 JMS RLP (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. COUNCIL MEETING AGENDA 7 SEPTEMBER 25, 2013 N. 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://www.kauai.gor/Government/CountyCou rtcil/PublicHearingNoticesan dMinutes/tabid/599/Default.aspx 1. 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 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.