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HomeMy WebLinkAbout 10/23/2013 Council Agenda COUNCIL MEETING NOTICE AND AGENDA R -rF!V r' WEDNESDAY, OCTOBER 23, 2013 8:30 A.M. OR SOON THEREAFTER '13 OCT 17 P4 :39 COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 Of- LIHU`E KAUAI HAWAII 96766 THE ``'J``' CLERK 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. July 31, 2013 Public Hearing re: Bill No. 2491 (Deferred 10/09/2013) 2. August 28, 2013 Public Hearing re: Bill No. 2496 3. September 25, 2013 Public Hearing re: Bill No. 2497 F. CONSENT CALENDAR: 1. C 2013-343 Communication (09/26/2013) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Dorothy R. Bekeart to the Board of Review for the County of Kaua`i (Designation — At-large) — Term ending 12/31/2015. (See Resolution No. 2013-73) 2. C 2013-344 Communication (10/04/2013) from the Director of Finance, transmitting for Council consideration, proposed amendments to Ordinance No. B-2013-754, as amended, relating to the Fiscal Year 2013-2014 Capital Improvements Projects (CIP) Budget, by Revising the Amounts Estimated in the General Fund. (Kaneiolouma Heiau - $805,000, Complete Streets Koloa/Po`ipu - $333,528, Po ipu Beach Park - $333,527) (See Proposed Draft Bill (No. 2505)) COUNCIL MEETING AGENDA 2 OCTOBER 23, 2013 3. C 2013-345 Communication (10/04/2013) from the Director of Finance, transmitting for Council consideration, proposed amendments to Ordinance No. B-2013-754, as amended, relating to the Fiscal Year 2013-2014 Capital Improvements Projects (CIP) Budget, by Revising the Amounts Estimated in the Bond Fund. (Kaneiolouma Heiau - $350,000, Heiau Contingency - $63,407) (See Proposed Draft Bill (No. 2506)) 4. C 2013-346 Communication (10/04/2013) from the Director of Finance, transmitting for Council consideration, proposed amendments to Ordinance No. B-2013-753, as amended, relating to the Fiscal Year 2013-2014 Operating Budget, by Revising the Amounts Estimated in the General Fund, Solid Waste Fund, and Sewer Fund. (See Proposed Draft Bill (No. 2507)) 5. C 2013-347 Communication (10/04/2013) from the Director of Finance, transmitting for Council consideration, proposed amendments to Ordinance No. B-2013-753, as amended, relating to the Fiscal Year 2013-2014 Operating Budget, by Revising the Amounts Estimated in the General Fund. (Licenses & Permits/Dog (Street-Use - General Fund) - $110,000, Kauai Humane Society (Special Projects) - $110,000) (See Proposed Draft Bill (No. 2508)) 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 09/25/2013) 2. 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. (Deferred 10/09/2013) COUNCIL MEETING AGENDA 3 OCTOBER 23, 2013 3. C 2013-348 Communication (10/02/2013) from the Life's Choices Kaua`i Coordinator, requesting agenda time for Sarah C. W. Yuan, PhD, Associate Specialist from the University of Hawai`i at Manoa Center on the Family to present the results of the Strategic Prevention Framework State Incentive Grant (SPF-SIG). 4. C 2013-349 Communication (10/11/2013) from the County Attorney, requesting Council approval to expend additional funds up to $14,000 for Special Counsel's continued services provided for Defendant Shaylene Iseri-Carvalho in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (United States District Court), and related matters. 5. C 2013-350 Communication (10/11/2013) from the County Attorney, requesting Council approval to expend additional funds up to $35,000 for Special Counsel's continued services provided for Defendant County of Kaua`i in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (United States District Court), and related matters. 6. C 2013-351 Communication (10/11/2013) from the County Attorney, requesting Council approval to expend additional funds up to $40,000 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. H. COMMITTEE REPORTS: 1. ECONOMIC DEVELOPMENT (SUSTAINABILITY / AGRICULTURE / FOOD / ENERGY) & INTERGOVERNMENTAL RELATIONS COMMITTEE: a. CR-EDR 2013-10: 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: 9. A BILL FOR AN ACT RELATING TO HELMETS (City & County of Honolulu) [Received for the Record.] COUNCIL MEETING AGENDA 4 OCTOBER 23, 2013 b. CR-EDR 2013-11: on EDR 2013-09 Communication (10/09/2013) from Committee Chair Hooser, requesting agenda time for a presentation from Allen Hershkowitz, Ph.D., Senior Scientist, Urban Program, Natural Resources Defense Council on how to maximize waste diversion to extend the life of the existing landfill. [Received for the Record.] 2. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2013-16: on 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) [Approved.] b. CR-FED 2013-17: on 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 [Approved.] COUNCIL MEETING AGENDA 5 OCTOBER 23, 2013 c. CR-FED 2013-18: on FED 2013-04 Communication (10/10/2013) from Council Vice Chair Nakamura, requesting agenda time to brief the Council on information relating to Kaua`i's Visitor Industry Priorities and Visitor Related Expenses. [Received for the Record.] 3. COMMITTEE OF THE WHOLE: a. CR-COW 2013-19: on 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 [Approved.] I. 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 10/09/2013) 2. Resolution No. 2013-73 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF REVIEW (Dorothy R. Bekeart) J. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2505) — 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 GENERAL FUND CIP (Kaneiolouma Heiau - $805,000, Complete Streets Koloa/Poipu - $333,528, Po ipu Beach Park - $333,527) 2. Proposed Draft Bill (No. 2506) — 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 (Kaneiolouma Heiau - $350,000, Heiau Contingency - $63,407) COUNCIL MEETING AGENDA 6 OCTOBER 23, 2013 3. Proposed Draft Bill (No. 2507) — 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 AMOUNTS ESTIMATED IN THE GENERAL FUND, SOLID WASTE FUND, AND SEWER FUND 4. Proposed Draft Bill (No. 2508) — 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 AMOUNTS ESTIMATED IN THE GENERAL FUND (Licenses & Permits/Dog (Street-Use - General Fund) - $110,000, Kauai Humane Society (Special Projects) - $110,000) K. BILLS FOR SECOND READING: 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 (See also CR-COW 2013-19; the Committee of the Whole recommended approval on second and final reading.) 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) (See also CR-FED 2013-16; the Finance & Economic Development (Tourism / Visitor Industry /Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) 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 (See also CR-FED 2013-17; the Finance & Economic Development (Tourism / Visitor Industry /Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) COUNCIL MEETING AGENDA 7 OCTOBER 23, 2013 L. 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 10/09/2013) 2. ES-678 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(2) & (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 with the Council, to consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved, provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to consult with the Council's attorney regarding questions and issues pertaining to the Council's and County's powers, duties, privileges, immunities, and liabilities as it relates to this agenda item, and to deliberate and take such action as deemed appropriate. (Deferred 10/08/2013) 3. ES-682 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 as it relates to Defendant Shaylene Iseri-Carvalho in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (United States 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 8 OCTOBER 23, 2013 4. ES-683 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 as it relates to Defendant County of Kaua`i in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (United States 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. 5. ES-684 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 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. 6. ES-685 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(2) & (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 with the Council, to consider the evaluation, dismissal, or discipline of the County Auditor or of charges brought against the County Auditor, where consideration of matters affecting privacy will be involved, provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to consult with the Council's attorney regarding questions and issues pertaining to the Council's and County's powers, duties, privileges, immunities, and liabilities as it relates to this agenda item, and to deliberate and take such action as deemed appropriate. 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://www.kauai.gou/Government/CountyCouncil/PublicHearingNoticesandMinutes/tabid/599/Default.aspx 1. 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 N. ADJOURNMENT. COUNCIL MEETING AGENDA 9 OCTOBER 23, 2013 O. 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.