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Home My WebLink About 12/04/2013 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, DECEMBER 4, 2013 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS F ,F I V P-,-� HISTORIC COUNTY BUILDING R 4396 RICE STREET, SUITE 201 LIHUE, KAUAI, HAWAII 96766 •13 WV 27 PP :19 A. MEETING CALLED TO ORDER. THE tt jN _EE K B. ROLL CALL. COUNTY C. . KAUAI 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. September 11, 2013 Council Meeting 2. September 25, 2013 Council Meeting 3. September 26, 2013 Special Council Meeting 4. October 8, 2013 Special Council Meeting and Continued on October 15, 2013 Special Council Meeting 5. November 6, 2013 Council Meeting 6. November 6, 2013 Public Hearing re: Bill No. 2503 and Bill No. 2504 7. November 7, 2013 Special Council Meeting 8. November 15, 2013 Special Council Meeting 9. November 19, 2013 Special Council Meeting F. CONSENT CALENDAR: 1. Resolution No. 2003-31 — RESOLUTION SUPPORTING THE AIR FORCE C-17 GLOBEMASTER III OPERATIONS AT THE PACIFIC MISSILE RANGE FACILITY AT BARKING SANDS ON KAUAI (Deferred 06/26/2003 pending completion of the environmental assessment) (This agenda item has been pending on the Council Deferred Log since 2003 and is no longer applicable.) COUNCIL MEETING AGENDA 2 DECEMBER 4, 2013 2. Resolution No. 2010-10 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Gerald T. Nakasone) (Deferred 01/06/2010 pending interview) (This agenda item has been pending on the Council Deferred Log since 2010 and is no longer applicable.) 3. Resolution No. 2012-34 — RESOLUTION SUPPORTING THE HAWAII STATE ASSOCIATION OF COUNTIES' PROPOSAL OF ESTABLISHING A POSITION FOR THE HAWAII STATE ASSOCIATION OF COUNTIES STATE DIRECTOR (Deferred 03/28/2012 pending Hawaii State Association of Counties (HSAC) information) (This agenda item has been pending on the Council Deferred Log since 2012 and is no longer applicable.) 4. C 2013-370 Communication (11/19/2013) 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. (Office of Economic Development, Executive/Consultant Services (Joint Fact Finding Group (JFFG) Scope-of-Work Environmental Public Health Impact Study (EPHIS)) - $100,000) (See Proposed Draft Bill (No. 2513)) 5. C 2013-371 Communication (11/20/2013) from the Mayor, transmitting for Council consideration and confirmation the following Mayoral Reappointments to the various Boards and Commissions for the County of Kaua`i: (1) Building Board of Appeals • Miles Tanabe — Term ending 12/31/2016 (2) Board of Ethics • Kurt Akamine — Term ending 12/31/2016 • Brad Nagano — Term ending 12/31/2016 (3) Board of Review • Jose Diogo — Term ending 12/31/2016 (4) Board of Water Supply • Clyde Nakaya — Term ending 12/31/2016 (5) Charter Review Commission • Ed Justus, IV— Term ending 12/31/2016 • Charles Stack — Term ending 12/31/2016 (6) Civil Service Commission • John Low — Term ending 12/31/2016 (7) Cost Control Commission • Glen Takenouchi — Term ending 12/31/2016 • Joanne Nakashima — Term ending 12/31/2016 COUNCIL MEETING AGENDA 3 DECEMBER 4, 2013 (8) Fire Commission • Heidy Huddy-Yamamoto — Term ending 12/31/2016 • Eugene Jimenez —Term ending 12/31/2016 (9) Liquor Control Commission • Dane Oda — Term ending 12/31/2016 (10) Planning Commission • Wayne Katayama — Term ending 12/31/2016 • Angela Anderson — Term ending 12/31/2016 (11) Police Commission • Randall Francisco — Term ending 12/31/2016 • Charles Iona — Term ending 12/31/2016 (12) Public Access, Open Space, and Natural Resources Preservation Fund Commission • Luke Evslin — Term ending 12/31/2016 (13) Salary Commission • Sheri Kunioka-Volz —Term ending 12/31/2016 6. C 2013-372 Communication (11/20/2013) from Councilmember Bynum, transmitting for Council consideration, proposed amendments to Chapter 5, Section 5-2.3 of the Kaua`i County Code 1987, as amended, relating to the County Motor Vehicle Weight Tax, effective January 1, 2015, pursuant to Hawai`i Revised Statutes (HRS) Section 249-13. (See Proposed Draft Bill (No. 2514)) 7. C 2013-373 Communication (11/20/2013) from Councilmember Bynum, transmitting for Council consideration, proposed amendments to Section 21-9.2 of the Kaua`i County Code 1987, as amended, relating to Integrated Solid Waste Management, to increase the tipping fees for business, commercial, and other non-residential haulers. (See Proposed Draft Bill (No. 2515)) G. COMMUNICATIONS: 1. C 2013-374 Communication (11/01/2013) from the Chief of Police, requesting Council approval to accept a multi-year grant in the amount of $750,000 from the United States Department of Justice, Office of Community Oriented Policing Services (COPS) for six (6) new police officer positions to establish a new beat in the Kawaihau District. Future funding for the grant is proposed to be allocated as follows: • Year Two (2): $600,000.00 (Grant Funds), $91,357.44 (Asset Forfeiture Funds) • Year Three (3): $150,000 (Grant Funds), $614,847.35 (County Funds) • Year Four (4): $804,604.00 (County Funds) COUNCIL MEETING AGENDA 4 DECEMBER 4, 2013 2. C 2013-375 Communication (11/07/2013) from the County Engineer, requesting Council approval to purchase a replacement Flail Cutter in the amount of $23,000, by utilizing funds in the Department of Public Works, Roads Division, Other Supplies Account No. 201-2072-624.61-02, to assist with the Levee Maintenance Program and other Islandwide Road Resurfacing projects. 3. C 2013-376 Communication (11/19/2013) from the Director of Planning, requesting Council approval to apply for and receive technical assistance from Smart Growth America to conduct a Parking Audit Workshop for the Lihu`e Town Core area that would engage local businesses, property owners, and other key stakeholders by addressing all five (5) elements of parking; demand, supply, economics, enforcement, and administration; to assist local stakeholders to see the issue in the context of overall growth management and economic strategies. H. RESOLUTIONS: 1. Resolution No. 2013-76 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BUILDING BOARD OF APPEALS (Miles Tanabe — At-Large) 2. Resolution No. 2013-77 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF ETHICS (Kurt Akamine) 3. Resolution No. 2013-78 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF ETHICS (Brad Nagano) 4. Resolution No. 2013-79 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF REVIEW (Jose Ricardo da Silva Diogo) 5. Resolution No. 2013-80 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE BOARD OF WATER SUPPLY (Clyde Nakaya) 6. Resolution No. 2013-81 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE CHARTER REVIEW COMMISSION (Ed Justus, IV) COUNCIL MEETING AGENDA 5 DECEMBER 4, 2013 7. Resolution No. 2013-82 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE CHARTER REVIEW COMMISSION (Charles Patrick Stack) 8. Resolution No. 2013-83 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE CIVIL SERVICE COMMISSION (John Low) 9. Resolution No. 2013-84 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE COST CONTROL COMMISSION (Glen H. Takenouchi) 10. Resolution No. 2013-85 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE COST CONTROL COMMISSION (Joanne P. Nakashima) 11. Resolution No. 2013-86 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE FIRE COMMISSION (Heidy K Huddy-Yamamoto) 12. Resolution No. 2013-87 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE FIRE COMMISSION (Eugene Keith Jimenez) 13. Resolution No. 2013-88 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Dane Oda) 14. Resolution No. 2013-89 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PLANNING COMMISSION (Wayne Katayama — Business) 15. Resolution No. 2013-90 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PLANNING COMMISSION (Angela M. Anderson — Environmentalist) 16. Resolution No. 2013-91 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE POLICE COMMISSION (Randall Francisco) 17. Resolution No. 2013-92 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE POLICE COMMISSION (Charles Iona) 18. Resolution No. 2013-93 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND COMMISSION (Luke A. Evslin —At-Large) COUNCIL MEETING AGENDA 6 DECEMBER 4, 2013 19. Resolution No. 2013-94 — RESOLUTION CONFIRMING MAYORAL REAPPOINTMENT TO THE SALARY COMMISSION (Sheri Kunioka-Volz) I. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2513) — 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 (Office of Economic Development, Executive/Consultant Services (Joint Fact Finding Group (JFFG) Scope-of-Work Environmental Public Health Impact Study (EPHIS)) - $100,000) 2. Proposed Draft Bill (No. 2514) — A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.3, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY MOTOR VEHICLE WEIGHT TAX 3. Proposed Draft Bill (No. 2515) — A BILL FOR AN ORDINANCE AMENDING SECTION 21-9.2 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT J. ADJOURNMENT. K. 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: Icttp://www.kauai.goo/Governor ent/CountyCouncil/PublicHearingNoticesandMinutes/tabid/599/Default.aspx 1. 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. 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. 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 COUNCIL MEETING AGENDA 7 DECEMBER 4, 2013 L. 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.