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Home My WebLink About 11/06/2013 Council Agenda COUNCIL MEETING NOTICE AND AGENDA?p-r F IV F WEDNESDAY, NOVEMBER 6, 2013 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 13 OCT 31 P3 :59 HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 r:-F-tcw OF LIHUE, KAUAI, HAWAII 96766 THE COUNTY CLERK COUNTY Jr KAUAI 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. October 8, 2013 Special Council Meeting 2. October 9, 2013 Council Meeting 3. October 9, 2013 Public Hearing re: Bill No. 2499, Bill No. 2500, and Bill No. 2501 4. October 16, 2013 Special Council Meeting 5. October 23, 2013 Council Meeting 6. October 23, 2013 Public Hearing re: Bill No. 2502 F. CONSENT CALENDAR: 1. C 2013-352 Communication (10/07/2013) from the Environmental Services Management Engineer, transmitting for Council consideration, proposed amendments to Section 21-9.2(d) of the Kaua`i County Code 1987, as amended, relating to Integrated Solid Waste Management. (See Proposed Draft Bill (No. 2509)) COUNCIL MEETING AGENDA 2 NOVEMBER 6, 2013 2. C 2013-353 Communication (10/22/2013) from the Mayor, transmitting for Council consideration, pursuant to Sections 89-10(b) and 89C-5, Hawai`i Revised Statutes (HRS), the cost items for Hawai`i Government Employees Association (HGEA) Bargaining Unit 13 between July 1, 2013 and June 30, 2017, pursuant to Section 19.13(B) of the Kaua`i County Charter. (See Proposed Draft Bill (No. 2510)) 3. C 2013-354 Communication (10/24/2013) 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, Sewer Fund, Golf Fund, Highway Fund, Housing and Community Development Fund, Kalepa Housing Fund, and Pa'anau Housing Fund. (See Proposed Draft Bill (No. 2511)) G. COMMUNICATIONS: 1. 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. (Deferred 10/23/2013) 2. C 2013-355 Communication (10/01/2013) from Council Chair Furfaro, requesting the presence of the County Engineer, to participate in a discussion with State Officials on the status of the State Reservoirs that were closed in recent years pursuant to the Dam Safety Act of 1987. 3. C 2013-356 Communication (10/02/2013) from Council Vice Chair Nakamura, requesting Council consideration to release the County Attorney opinion dated September 3, 2013 relating to "Whether the County has the legal authority to establish a Cat License Fee." 4. C 2013-357 Communication (10/08/2013) from the Housing Director, requesting Council approval to sell a residential unit located at 9661 Haina Road, Waimea, which was developed under the Neighborhood Stabilization Program (NSP), TMK: (4) 1-2-008-007-0001, by leasehold to a participant on the Affordable Housing Program Waitlist whose household income does not exceed 120% of the Kauai Median Household Income (KMHI), and to authorize the County Clerk to sign legal documents related to this transaction. COUNCIL MEETING AGENDA 3 NOVEMBER 6, 2013 5. C 2013-358 Communication (10/09/2013) from the Housing Director, requesting Council approval to decline the repurchase of property in Ho`okena at Puhi, 2080 Manawalea Street, Unit No. 708, Lihu`e, Hawai`i, and grant the owner a one-year waiver of the buyback to allow a market sale by the owner. 6. C 2013-359 Communication (10/11/2013) from the Budget and Purchasing Director, transmitting for Council information, the First Quarter Statement of Equipment Purchases for Fiscal Year 2013-2014, pursuant to Section 17 of Ordinance No. B-2013-753, the Operating Budget of the County of Kauai for Fiscal Year 2013-2014. H. LEGAL DOCUMENT: 1. C 2013-360 Communication (10/15/2013) from the Director of Parks and Recreation, recommending Council approval of a Second Amendment to Purchase Agreement Dated May 17, 2010, made by and between the County of Kaua`i and the Apartment Owners of Kapa'a Sands to amend the closing date from sixty (60) days to one hundred twenty (120) days following subdivision approval. I. CLAIMS: 1. C 2013-361 Communication (10/18/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Tracie K. Sakamoto, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 2. C 2013-362 Communication (10/29/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Farmers Insurance of Hawai`i, Inc. as subrogee of Miyoshi Matsuda, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. J. RESOLUTION: 1. Resolution No. 2013-72 — RESOLUTION TO IMPLEMENT AN ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS STUDY (EPHIS), VIA FORMATION OF A PESTICIDE AND GENETIC ENGINEERING JOINT FACT FINDING GROUP (JFFG) (Deferred 10/15/2013) COUNCIL MEETING AGENDA 4 NOVEMBER 6, 2013 K. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2509) — A BILL FOR AN ORDINANCE AMENDING SECTION 21-9.2(D) OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT 2. Proposed Draft Bill (No. 2510) — A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 13 BETWEEN JULY 1, 2013 AND JUNE 30, 2017 3. Proposed Draft Bill (No. 2511) — 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, SEWER FUND, GOLF FUND, HIGHWAY FUND, HOUSING AND COMMUNITY DEVELOPMENT FUND, KALEPA HOUSING FUND, AND PAANAU HOUSING FUND 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-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. (Deferred 10/23/2013) 2. 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. (Deferred 10/23/2013) COUNCIL MEETING AGENDA 5 NOVEMBER 6, 2013 M. ADJOURNMENT. 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/CountyCouncil/PublicHearingNoticesandMinutes/tabid/599/Default.aspx 1. 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. 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) 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.