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HomeMy WebLinkAbout 10/09/2013 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, OCTOBER 9, 2013 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 R F' F Il r- LIHUE, KAUAI, HAWAII 96766 '13 OCT -3 P2 22 A. MEETING CALLED TO ORDER. OFFICE OF B. ROLL CALL. THE COUNTY CLERK COUNTY OF K 1LIA1 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. July 9, 2013 Special Council Meeting 2. July 10, 2013 Special Council Meeting 3. July 31, 2013 Public Hearing re: Bill No. 2491 (Deferred 09/25/2013) F. CONSENT CALENDAR: 1. C 2013-332 Communication (09/04/2013) from the County Engineer, transmitting for Council consideration, amendments to the Fiscal Year 2013-2014 Capital Improvements Budget, by Revising the Amounts Estimated in the Bond Fund and Sewer Trust Fund. (Islandwide SCADA System - $371,213.00 (Bond Fund), $365,029.00 (Sewer Trust Fund)) (See Proposed Draft Bill (No. 2503)) 2. C 2013-333 Communication (09/04/2013) from the County Engineer, transmitting for Council consideration, amendments to the Fiscal Year 2013-2014 Capital Improvements Budget, by Revising the Amounts Estimated in the Bond Fund. (Waimea R-1 Water Distribution System Improvements - $209,450.00) (See Proposed Draft Bill (No. 2504)) COUNCIL MEETING AGENDA 2 OCTOBER 9, 2013 G. COMMUNICATIONS: 1. C 2013-334 Communication (09/19/2013) from the Salary Commission, transmitting for Council information, the Salary Commission's Resolution No. 2013-01, Relating to the Salaries of Certain Officers and Employees of the County of Kaua`i. 2. C 2013-335 Communication (09/06/2013) from the County Engineer, requesting Council approval of the following: • Apply for, receive, and expend Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program funds in the amount of$26,500, which is 75% of the total project cost of$36,000, for the development of new wind amendments for the adoption of the 2012 International Building Code (IBC) for the statewide consistency with the design requirements of the 2012 IBC; • Accept the remaining in-kind contributions in the amount of $9,500 (25% match) from the County of Kaua`i, the Structural Engineers Association of Hawai`i, the American Institute of Architects, and participants of the State Building Code Council. 3. C 2013-336 Communication (09/17/2013) from Councilmember Rapozo, requesting Council nominations to the Hawai`i Employer-Union Health Benefits Trust Fund (EUTF) Task Force, pursuant to Section 2 of Act 268, Session Laws of Hawai`i 2013. 4. C 2013-337 Communication (09/18/2013) from the Fire Chief, requesting Council approval to accept a donation of a 2008 Shopbuilt jet ski trailer valued at $1,500 from the Kaua`i Lifeguard Association (KLA) to be used by the Kaua`i Fire Department's (KFD) Ocean Safety Bureau. 5. C 2013-338 Communication (09/18/2013) from the Executive on Transportation, requesting Council approval to receive, indemnify, and expend the Federal Fiscal Year 2013 Federal Transit Administration (FTA) Section 5339 Annual Apportionment provided to the County of Kaua`i in the amount of $400,000 to improve transit operation safety and efficiency through the purchase of a Computer-Aided Dispatch and Automatic Vehicle Locator system for the fleet, additional base yard space procurement and improvements, and maintenance equipment for the transit repair shop, bus stops, and base yard facility. COUNCIL MEETING AGENDA 3 OCTOBER 9, 2013 6. EDR 2013-06 Communication (09/17/2013) from Mel Rapozo, Hawai`i State Association of Counties (HSAC) President, transmitting for Council consideration the following proposals to be included in the 2014 HSAC Legislative Package: 1. A BILL FOR AN ACT RELATING TO PUBLIC AGENCY MEETINGS AND RECORDS (County of Maui) 2. A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR— H.B. 203 (County of Maui) 3. A BILL FOR AN ACT RELATING TO TRANSPORTATION (County of Maui) 4. A BILL FOR AN ACT RELATING TO LIABILITY (County of Kaua`i) 5. A BILL FOR AN ACT RELATING TO TRANSIENT ACCOMMODATIONS TAX (County of Hawai`i) 6. A BILL FOR AN ACT RELATING TO EDUCATION (County of Hawai`i) 7. A BILL FOR AN ACT RELATING TO HEALTH (County of Hawai`i) 8. A BILL FOR AN ACT RELATING TO VIDEOCONFERENCING — H.B. 358, H.D. 1, S.D. 1 (County of Hawai`i) 9. A BILL FOR AN ACT RELATING TO HELMETS (City & County of Honolulu) 10. A BILL FOR AN ACT RELATING TO MOPEDS (City & County of Honolulu) 11. A RESOLUTION/CONCURRENT RESOLUTION URGING THE U.S. DEPARTMENT OF STATE, THE DEPARTMENT OF HOMELAND SECURITY AND THE UNITED STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS FOR THE PEOPLE'S REPUBLIC OF CHINA (City & County of Honolulu) 12. A BILL FOR AN ACT RELATING TO HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES (City & County of Honolulu) 13. A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM (City & County of Honolulu) 14. A BILL FOR AN ACT RELATING TO COUNTY SURCHARGE ON STATE TAX (City & County of Honolulu) (The Economic Development (Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations Committee recommended approval for items 1-5; motion to approve failed for item 6; recommended approval for items 7-8; motion to approve tied for item 9; recommended approval for item 10; motion to approve failed for item 11; recommended approval for items 12-14 on October 2, 2013.) 7. EDR 2013-07 Communication (09/19/2013) from Council Chair Furfaro, transmitting for Council consideration, a proposed Bill for an Act Making an Appropriation for the Regulation of Restricted Use Pesticides, for inclusion in the 2014 Kaua`i County Legislative Package. (The Economic Development (Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations Committee recommended approval on October 2, 2013.) COUNCIL MEETING AGENDA 4 OCTOBER 9, 2013 8. EDR 2013-08 Communication (09/25/2013) from the Mayor, transmitting for Council consideration, a proposed Bill for an Act Relating to Capital Improvement Projects for the Benefit of the Eighth Senatorial District, relating to the construction of sheltered Bus Stops and improvements to the Veterans Cemetery, for inclusion in the 2014 Kaua`i County Legislative Package. (The Economic Development (Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations Committee recommended approval on October 2, 2013.) H. LEGAL DOCUMENT: 1. C 2013-339 Communication (09/06/2013) from the County Engineer, recommending Council approval of the Set-Aside to the County of Kaua`i for Public Park and Ancillary Purposes, Issuance of an Immediate Construction and Management Right-of-Entry pursuant to letter dated June 17, 2013, by the State of Hawai`i Department of Land and Natural Resources to the County of Kaua`i and to provide indemnification to the State of Hawai`i, Department of Land and Natural Resources for repair, reconstruction, and maintenance of the existing Moanakai Road Seawall, [por. Kapa'a Town Lots, 2nd Series, Kapa`a, Kawaihau, Kaua`i, TMK: (4) 4-5-002:023]. I. CLAIMS: 1. C 2013-340 Communication (09/18/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Thursday Hui Inc., for damages to their equipment, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2013-341 Communication (09/24/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Enterprise Holdings, as subrogee of Teresa Tumbaga, for damages to their vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 3. C 2013-342 Communication (09/26/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Haidee A. Sueyasu, for unlawful detention and violation of rights, pursuant to Section 23.06, Charter of the County of Kaua`i. COUNCIL MEETING AGENDA 5 OCTOBER 9, 2013 J. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2013-10: on PL 2013-03 Communication (08/13/2013) from Councilmember Rapozo, requesting the presence of Ian K. Jung, Deputy County Attorney, to discuss the Grant of Pedestrian and Parking Easements that was a condition of the Kahuaina Plantation Subdivision and Kahuaina Plantation Subdivision Phase II, and its impact on the location and the State's establishment of the Ala Loa Hawaiian Trail System. [Received for the Record.] 2. ECONOMIC DEVELOPMENT (SUSTAINABILITY / AGRICULTURE / FOOD / ENERGY) & INTERGOVERNMENTAL RELATIONS COMMITTEE: a. CR-EDR 2013-07: on EDR 2013-06 Communication (09/17/2013) from Mel Rapozo, Hawai`i State Association of Counties (HSAC) President, transmitting for Council consideration the following proposals to be included in the 2014 HSAC Legislative Package: 1. A BILL FOR AN ACT RELATING TO PUBLIC AGENCY MEETINGS AND RECORDS (County of Maui) [Approved.] 2. A BILL FOR AN ACT RELATING TO INTOXICATING LIQUOR — H.B. 203 (County of Maui) [Approved.] 3. A BILL FOR AN ACT RELATING TO TRANSPORTATION (County of Maui) [Approved.] 4. A BILL FOR AN ACT RELATING TO LIABILITY (County of Kaua`i) [Approved.] 5. A BILL FOR AN ACT RELATING TO TRANSIENT ACCOMMODATIONS TAX (County of Hawai`i) [Approved.] COUNCIL MEETING AGENDA 6 OCTOBER 9, 2013 6. A BILL FOR AN ACT RELATING TO EDUCATION (County of Hawai`i) [Motion to Approve, Failed.] 7. A BILL FOR AN ACT RELATING TO HEALTH (County of Hawai`i) [Approved.] 8. A BILL FOR AN ACT RELATING TO VIDEOCONFERENCING — H.B. 358, H.D. 1, S.D. 1 (County of Hawai`i) [Approved.] 9. A BILL FOR AN ACT RELATING TO HELMETS (City & County of Honolulu) [Motion to Approve, Tied.] 10. A BILL FOR AN ACT RELATING TO MOPEDS (City & County of Honolulu) [Approved.] 11. A RESOLUTION/CONCURRENT RESOLUTION URGING THE U.S. DEPARTMENT OF STATE, THE DEPARTMENT OF HOMELAND SECURITY AND THE UNITED STATES ATTORNEY GENERAL TO EASE VISA RESTRICTIONS FOR THE PEOPLE'S REPUBLIC OF CHINA (City & County of Honolulu) [Motion to Approve, Failed.] 12. A BILL FOR AN ACT RELATING TO HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND BOARD OF TRUSTEES (City & County of Honolulu) [Approved.] 13. A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM (City & County of Honolulu) [Approved.] 14. A BILL FOR AN ACT RELATING TO COUNTY SURCHARGE ON STATE TAX (City & County of Honolulu) [Approved.] COUNCIL MEETING AGENDA 7 OCTOBER 9, 2013 a. CR-EDR 2013-08: on EDR 2013-07 Communication (09/19/2013) from Council Chair Furfaro, transmitting for Council consideration, a proposed Bill for an Act Making an Appropriation for the Regulation of Restricted Use Pesticides, for inclusion in the 2014 Kaua`i County Legislative Package. [Approved.] a. CR-EDR 2013-09: on EDR 2013-08 Communication (09/25/2013) from the Mayor, transmitting for Council consideration, a proposed Bill for an Act Relating to Capital Improvement Projects for the Benefit of the Eighth Senatorial District, relating to the construction of sheltered Bus Stops and improvements to the Veterans Cemetery, for inclusion in the 2013 Kaua`i County Legislative Package. [Approved.] 3. COMMITTEE OF THE WHOLE: a. CR-COW 2013-18: on 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 [Approved as Amended.] K. RESOLUTIONS: 1. Resolution No. 2013-55, Draft 1 — RESOLUTION ESTABLISHING A COUNCIL INVESTIGATING COMMITTEE TO INVESTIGATE THE MANAGEMENT AND IMPLEMENTATION OF THE TRANSIENT VACATION RENTAL AND FLOOD/BUILDING PERMIT ORDINANCES WITHIN THE COUNTY OF KAUAI (Deferred 06/12/2013) 2. Resolution No. 2013-67, Draft 1 — 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 (See also CR-COW 2013-18; the Committee of the Whole approved Resolution No. 2013-67 as amended to Resolution No. 2013-67, Draft 1 on October 2, 2013.) 3. 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 (Deferred 09/11/2013) COUNCIL MEETING AGENDA 8 OCTOBER 9, 2013 L. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2503) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2013-754, AS AMENDED, RELATING TO THE CAPITAL 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 BOND FUND AND SEWER TRUST FUND (Islandwide SCADA System - $371,213.00 (Bond Fund), $365,029.00 (Sewer Trust Fund)) 2. Proposed Draft Bill (No. 2504) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2013-754, AS AMENDED, RELATING TO THE CAPITAL 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 BOND FUND (Waimea R-1 Water Distribution System Improvements - $209,450.00) 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.) 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 09/25/2013) 2. ES-681 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 the case against the County regarding Kaua`i Beach Villas — Phase II, LLC vs. County of Kaua`i, et al., Civil No. 12-00483 (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 9 OCTOBER 9, 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.goc/Government/Cou ntyCouncil/PublicHearingNoticesandMinutes/tabid/599/Default.aspx 1. 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. 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. 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 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.