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HomeMy WebLinkAbout 12/18/2013 Council Meeting COUNCIL MEETING NOTICE AND AGENDA RECEIVED WEDNESDAY, DECEMBER 18, 2013 9:00 A.M. OR SOON THEREAFTER '13 DEC 12 P3 :33 COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 OFFICE OF LIHU`E, KAUAI, HAWAI`I 96766 THE COYHTY CLERK COI�?�!1 Y OF 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. July 17, 2013 Council Meeting 2. July 31, 2013 Council Meeting 3. October 8, 2013 Special Council Meeting and Continued on October 15, 2013 Special Council Meeting (Deferred 12/04/2013) 4. November 15, 2013 Special Council Meeting (Deferred 12/04/2013) 5. November 20, 2013 Special Council Meeting 6. November 20, 2013 Council Meeting 7. November 20, 2013 Public Hearing re: Bill No. 2505, Bill No. 2506, Bill No. 2507, and Bill No. 2508 F. CONSENT CALENDAR: 1. C 2013-378 Communication (11/20/2013) from Councilmember Yukimura, transmitting for Council consideration, a proposal to establish a new Article under Chapter 22 of the Kaua`i County Code 1987, as amended, to address regulations and restrictions related to the excessive barking of dogs, while balancing the rights and privileges of dog owners with the rights and privileges of other citizens of the County. (See Proposed Draft Bill (No. 2516)) COUNCIL MEETING AGENDA 2 DECEMBER 18, 2013 2. C 2013-379 Communication (11/27/2013) from Councilmember Yukimura, transmitting for Council consideration, a proposal to establish a new Article under Chapter 22 of the Kaua`i County Code 1987, as amended, relating to a Cat Licensing Program. (See Proposed Draft Bill (No. 2517)) 3. C 2013-380 Communication (12/02/2013) from the Director of Finance, transmitting for Council consideration, proposed amendments to Ordinance No. B-2013-754, as amended, relating to the Capital Budget of the County of Kaua`i for the Fiscal Year (FY) 2013-2014, by revising the amounts estimated in the Special Trust Fund for Parks & Playgrounds — Hanalei District. (Black Pot Park Expansion - $94,427) (See Proposed Draft Bill (No. 2518)) 4. C 2013-381 Communication (12/09/2013) from the Mayor, transmitting for Council consideration, pursuant to Sections 89-11(g) and 89C-5, Hawai`i Revised Statutes (HRS), the cost items for the Collective Bargaining Agreement for Bargaining Unit 11 between July 1, 2011 and June 30, 2017, pursuant to Section 19.13(B) of the Kaua`i County Charter. (See Proposed Draft Bill (No. 2519)) G. COMMUNICATIONS: 1. C 2013-382 Communication (11/12/2013) from the Director of Parks and Recreation, requesting Council approval to accept a donation valued in the amount of $2,365.62, from Mrs. Karen Grillos, Mr. Paul Iwai of Silva's Memorials, and the Marine Corps League for a granite memorial bench at Anini Beach Park in memory of Marine Corps Sergeant Major Bud White, who passed away on January 10, 2013. 2. C 2013-383 Communication (11/22/2013) from the Mayor, requesting agenda time to provide the Council with a brief presentation on the Administration's efforts to implement Ordinance No. 960 (Bill No. 2491, Draft 2), relating to Pesticides and Genetically Modified Organisms (GMOs). 3. C 2013-384 Communication (12/02/2013) from the Acting Director of Personnel Services, transmitting for Council information, the July-September 2013 Department of Personnel Services Quarterly Report, pursuant to Section 19 of the Fiscal Year 2013-2014 Operating Budget, Ordinance No. B-2013-753, which includes new hires, transfers, reallocations, promotions, and vacancies for the first quarter. COUNCIL MEETING AGENDA 3 DECEMBER 18, 2013 4. C 2013-385 Communication (12/11/2013) from the County Attorney, requesting Council approval to expend additional funds up to $10,000 for Special Counsel's continued services provided for Defendant Chris Calio in Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. CV13-00202 DKW BMK (U.S. District Court), and related matters 5. C 2013-386 Communication (12/11/2013) from the County Attorney, requesting Council approval to expend additional funds up to $10,000 to retain Special Counsel to represent the County of Kaua`i in Eric Y. Shibuva vs. County of Kaua`i, et al., Civil No. 13-1-0345 (Fifth Circuit Court), and related matters. H. CLAIMS: 1. C 2013-387 Communication (11/26/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Ernesto G. Pasion, for attorney's fees and medical bills, pursuant to Section 23.06, Charter of the County of Kaua`i. 2. C 2013-388 Communication (12/09/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Clifford Ikeda, for damage to personal property, pursuant to Section 23.06, Charter of the County of Kaua`i. I. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2013-11: on 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 [Approved as Amended.] 2. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2013-13: on 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 [Approved.] COUNCIL MEETING AGENDA 4 DECEMBER 18, 2013 3. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2013-26: on PWPR 2013-19 Communication (10/18/2013) from Committee Chair Kagawa, requesting the presence of the Director of Parks and Recreation to provide an update on all concession contracts, monthly revenues thus far for Fiscal Year 2013-2014, and the status of the removal of the temporary maintenance building that is located near the highway at the Wailua Golf Course. [Received for the Record.] 4. ECONOMIC DEVELOPMENT (SUSTAINABILITY / AGRICULTURE / FOOD / ENERGY) & INTERGOVERNMENTAL RELATIONS COMMITTEE: a. CR-EDR 2013-13: on EDR 2013-11 Communication (12/05/2013) from Councilmember Rapozo requesting agenda time to discuss the Transient Accommodations Tax (TAT) and General Excise Tax (GET) to receive input and comments from Councilmembers and the public in preparation for the Hawai`i State Association of Counties (HSAC) Executive Committee Meeting to be held on December 13, 2013. [Received for the Record.] 5. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2013-21: on 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/Po ipu - $333,528, Po ipu Beach Park - $333,527) [Approved.] COUNCIL MEETING AGENDA 5 DECEMBER 18, 2013 b. CR-FED 2013-22: on 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) [Approved.] c. CR-FED 2013-23: on 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 [Approved.] d. CR-FED 2013-24: on 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) [Approved.] COUNCIL MEETING AGENDA 6 DECEMBER 18, 2013 e. CR-FED 2013-25: on 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 [Approved.] 6. COMMITTEE OF THE WHOLE: a. CR-COW 2013-20: on 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) [Approved as Amended.] b. CR-COW 2013-21: on 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 [Approved.] J. RESOLUTION: 1. Resolution No. 2013-72, Draft 1 — RESOLUTION TO IMPLEMENT AN ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS STUDY (EPHIS), VIA FORMATION OF A PESTICIDE AND GENETIC ENGINEERING JOINT FACT FINDING GROUP (JFFG) (See also CR-COW 2013-20; the Committee of the Whole recommended approval of Resolution No. 2013-72 as amended to Resolution No. 2013-72, Draft 1 on December 11, 2013.) K. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2516) — A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE UNDER CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, ENTITLED BARKING DOGS COUNCIL MEETING AGENDA 7 DECEMBER 18, 2013 2. Proposed Draft Bill (No. 2517) — A BILL FOR AN ORDINANCE TO ESTABLISH A NEW ARTICLE UNDER CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, ENTITLED CAT LICENSING PROGRAM 3. Proposed Draft Bill (No. 2518) — 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 SPECIAL TRUST FUND FOR PARKS & PLAYGROUNDS (Black Pot Park Expansion - $94,427). 4. Proposed Draft Bill (No. 2519) — A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNIT 11 BETWEEN JULY 1, 2011 AND JUNE 30, 2017 L. BILLS FOR SECOND READING: 1. Bill No. 2502, Draft 1 — 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 (See also CR-PL 2013-11; the Planning Committee recommended approval of Bill No. 2502 as amended to Bill No. 2502, Draft 1 on December 11, 2013.) 2. 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, Poipu Beach Park - $333,527) (See also CR-FED 2013-21; 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. 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) (See also CR-FED 2013-22; 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 8 DECEMBER 18, 2013 4. 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 (See also CR-FED 2013-23; 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.) 5. Bill No. 2508 — A BILL FOR AN DI OR NANCE 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) (See also CR-FED 2013-24; 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.) 6. 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 (See also CR-EPC 2013-13; the Environmental Services / Public Safety / Community Assistance Committee recommended approval on second and final reading.) 7. 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 (See also CR-COW 2013-21; the Committee of the Whole recommended approval on second and final reading.) 8. 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 (See also CR-FED 2013-25; 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 9 DECEMBER 18, 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-688 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is to provide the Council with a briefing and request for authority to settle the claim against the County by True Blue Inc., dba Kaua`i Beach Boys, filed on June 4, 2012, 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. 2. ES-689 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 to provide the Council with a briefing regarding the claim against the County by Ron Rawls, filed on April 9, 2013, 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. 3. ES-690 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is to provide the Council with a briefing and request for authority to settle the case of Kathleen M. Ah Quin vs. County of Kaua`i, Department of Transportation, et al., Civil No. 08-00507 JMS BMK, 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. 4. ES-691 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 in Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. CV13-00202 DKW BMK (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 10 DECEMBER 18, 2013 5. ES-692 Pursuant to Hawai`i Revised Statutes (HRS) 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 on the retention of special counsel to represent the County of Kaua`i in Eric Y. Shibuya vs. County of Kaua`i, et al., Civil No. 13-1-0345 (Fifth Circuit Court), and related matters. The 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-693 Pursuant to Hawai`i Revised Statutes 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 allow Special Counsel the opportunity to provide the Council with a briefing regarding Ernesto G. Pasion vs. County of Kaua`i; Jav Furfaro; et al., Civil No. 13-1-0340 (Fifth Circuit Court), 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. N. ADJOURNMENT. O. 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.gov/Government/CountyCouncil/PublicHearingNoticesandMinutes/tabid/599/Default.aspx 1. Bill No. 2512 —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 the County Attorney, Special Counsel - $95,053) 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.