HomeMy WebLinkAbout01/16/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA
THURSDAY, JANUARY 16, 2014
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS RECEIVED
HISTORIC COUNTY BUILDING
4396 RICE STREET, SUITE 201
LYxu`E, KAUAI, HAWAI`I 96766
14 JAN -9 P 3 :36
A. MEETING CALLED TO ORDER. OFFICE OF
THE COUNTY CLERK
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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 5, 2012 Special Council Meeting
2. November 14, 2013 Special Council Meeting and Continued on
November 16, 2013 Special Council Meeting
3. December 4, 2013 Council Meeting
4. December 4, 2013 Public Hearing re: Bill No. 2509, Bill No. 2510, and
Bill No. 2511
5. December 17, 2013 Special Council Meeting
6. December 18, 2013 Public Hearing re: Bill No. 2512
F. CONSENT CALENDAR:
1. C 2014-01 Communication (12/17/2013) from Councilmember Hooser,
transmitting for Council consideration, proposed amendments to
Chapter 5A, Kaua`i County Code 1987, as amended, relating to
Real Property Taxes, to extend the deadline for homeowners to
apply for the Home Preservation Tax Limit for tax year 2014
from December 31, 2013 to August 31, 2014.
(See Proposed Draft Bill (No. 2520))
COUNCIL MEETING AGENDA 2 JANUARY 16, 2014
2. C 2014-02 Communication (12/23/2013) 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 Housing & Community Development
Revolving Fund. (Housing Agency Grant Funded Bargaining
Unit 13 Increases — $20,891) (See Proposed Draft
Bill (No. 2521))
3. C 2014-03 Communication (12/23/2013) 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. (Fire Department
Bargaining Unit 11 Increases — $617,529) (See Proposed Draft
Bill (No. 2522))
4. C 2014-04 Communication (12/23/2013) 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. (Police Department
Other Post Employment Benefits (OPEB) Replenishment Due to
Bargaining Unit 12 Increases — $987,606) (See Proposed Draft
Bill (No. 2523))
5. C 2014-05 Communication (12/23/2013) 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. (Committed Reserve
Fund Replenishment Due to Bargaining Unit 12 Increases —
$561,864) (See Proposed Draft Bill (No. 2524))
6. C 2014-06 Communication (12/23/2013) 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. (Committed Reserve
Fund Replenishment Due to Bargaining Unit 13 Increases —
$197,072) (See Proposed Draft Bill (No. 2525))
COUNCIL MEETING AGENDA 3 JANUARY 16, 2014
7. C 2014-07 Communication (12/23/2013) 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. (General Fund Other
Post Employment Benefits (OPEB) Replenishment Due to
Bargaining Unit 13 Increases — $ 295,422) (See Proposed
Draft Bill (No. 2526))
8. C 2014-08 Communication (12/23/2013) 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. (Department of Parks
and Recreation, Parks Maintenance Septic System Pumping —
$200,000) (See Proposed Draft Bill (No. 2527))
9. C 2014-09 Communication (12/13/2013) from the County Auditor,
transmitting for Council information, the Comprehensive
Annual Financial Report (CAFR), Single Audit Report, and
Management Advisory Report for the Period Ended
June 30, 2013. (Copies of the CAFR, Single Audit Report, and
Management Advisory Report on file in the County Clerk's
Office.)
10.C 2014-10 Communication (01/06/2014) from Council Chair Furfaro,
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, Administration — Other Services, Kauai Historical
Society Grant— $25,000) (See Proposed Draft Bill (No. 2528))
11.0 2014-11 Communication (12/27/2013) from the Director of Finance,
transmitting for Council information, the Period 1 Financial
Report — Detailed Budget Report, Statement of Revenues
(Estimated and Actual), Statement of Expenditures and
Encumbrances, and Revenue Report as of July 31, 2013,
pursuant to Section 21 of Ordinance No. B-2013-753, relating to
the Operating Budget of the County of Kaua`i for
Fiscal Year 2013-2014. (Copies of the Period 1 Financial Reports
as of July 31, 2013 on file in the County Clerk's Office.)
COUNCIL MEETING AGENDA 4 JANUARY 16, 2014
12.0 2014-12 Communication (12/27/2013) from the Director of Finance,
transmitting for Council information, the Period 2 Financial
Report — Detailed Budget Report, Statement of Revenues
(Estimated and Actual), Statement of Expenditures and
Encumbrances, and Revenue Report as of August 31, 2013,
pursuant to Section 21 of Ordinance No. B-2013-753, relating to
the Operating Budget of the County of Kaua`i for
Fiscal Year 2013-2014. (Copies of the Period 2 Financial Reports
as of August 31, 2013 on file in the County Clerk's Office.)
13.C 2014-13 Communication (12/27/2013) from the Director of Finance,
transmitting for Council information, the Period 3 Financial
Report — Detailed Budget Report, Statement of Revenues
(Estimated and Actual), Statement of Expenditures and
Encumbrances, and Revenue Report as of September 30, 2013,
pursuant to Section 21 of Ordinance No. B-2013-753, relating to
the Operating Budget of the County of Kaua`i for
Fiscal Year 2013-2014. (Copies of the Period 3 Financial Reports
as of September 30, 2013 on file in the County Clerk's Office.)
G. COMMUNICATIONS:
1. C 2014-14 Communication (12/06/2013) from the Civil Defense Manager,
requesting Council approval to receive and expend grant funds
in the amount of $475,000 from the United States Department
of Homeland Security via the State of Hawai`i, Department of
Defense, for the Fiscal Year 2013 State Homeland Security
Grant Program for the following:
1) Continue to enhance the capability of State and local units of
government to prevent, deter, respond to, and recover from
threats and incidents of terrorism involving the use of
chemical, biological, radiological, nuclear and explosive
weapons, and cyber attacks, in addition to day-to-day
all-hazards scenarios;
2) Continue to provide support to Citizen Corps Councils with
planning, outreach, and management of Citizen Corps
programs and activities, such as Community Emergency
Response Teams and Neighborhood Watch.
2. C 2014-15 Communication (12/09/2013) from the Director of Economic
Development, requesting Council approval to receive and expend
matching funds in the amount of $30,000 from the Hawai`i
Tourism Authority's Kukulu Ola Living Hawaiian Culture
Program, and the Hawai`i Community Foundation, for the 2014
Kaua`i Nui Kuapapa Project, to include ahupua'a signage
around Kaua`i, and a website with complimentary information.
COUNCIL MEETING AGENDA 5 JANUARY 16, 2014
3. C 2014-16 Communication (12/10/2013) from the Housing Director,
requesting Council approval for the following:
1) Fee simple acquisition from the owners of the residential
unit situated at 3920 Haoa Street, #312, Lihu`e, for not more
than $186,850;
2) Fee simple resale of the residential unit situated at
3920 Haoa Street, #312, Lihu`e, for not more than $186,850,
to a participant of the Affordable Housing Program Waitlist
whose household income does not exceed 80% of the Kaua`i
Median Household Income (KMHI);
3) Authorize the County Clerk to sign legal documents related
to the acquisition and resale transactions.
4. C 2014-17 Communication (12/06/2013) from the Director of Finance,
transmitting for Council information, the First Quarter
Estimate of Revenues and Expenditures (Periods 1-3) for the
Fiscal Year 2013-2014.
5. C 2014-18 Communication (12/11/2013) from the Director of Finance,
transmitting for Council information, the Condition of the
County Treasury Statement quarterly report as of
November 1, 2013.
6. C 2014-19 Communication (12/19/2013) from the Director of Finance,
transmitting for Council information, the Schedule of Fund
Balances for the Fiscal Year Ended June 30, 2013, pursuant to
Section 19.14 of the Kaua`i County Charter.
7. C 2014-20 Communication (12/27/2013) from the Director of Finance,
transmitting for Council information, the Period 4 Financial
Report — Detailed Budget Report, Statement of Revenues
(Estimated and Actual), Statement of Expenditures and
Encumbrances, and Revenue Report as of October 31, 2013,
pursuant to Section 21 of Ordinance No. B-2013-753, relating to
the Operating Budget of the County of Kauai for
Fiscal Year 2013-2014. (Copies of the Period 4 Financial Reports
as of October 31, 2013 on file in the County Clerk's Office.)
COUNCIL MEETING AGENDA 6 JANUARY 16, 2014
8. C 2014-21 Communication (12/17/2013) from Council Chair Furfaro,
requesting the presence of the County Engineer to provide an
update on the County of Kaua`i's Residential Refuse Collection
Assessment Process, which appeared as Finding 13-03, of the
Management Advisory Report for the Fiscal Year Ended
June 30, 2013. This update should include, but not be limited
to, corrective action to address this finding, enforcement
mechanisms for unpaid Residential Refuse Collection
Assessments, the process for managing the accounts receivables
tied to this fee, any associated penalties, and the personnel
needs necessary to administer this fee collection process.
9. C 2014-22 Communication (12/31/2013) from Councilmember Yukimura,
requesting Council reconsideration of Resolution No. 2013-72,
Draft 2, relating to Implementing an Environmental and Public
Health Impacts Study (EPHIS), Via Formation of a Pesticide
and Genetic Engineering Joint Fact Finding Group (JFFG).
(See Resolution No. 2013-72, Draft 2)
10.C 2014-23 Communication (01/03/2014) from Council Chair Furfaro,
transmitting for Council approval the nomination of
Councilmember Mel Rapozo to fill the National Association of
Counties (NACo) Board of Director vacancy for the remaining
term ending July 14, 2014, pursuant to Section 5A of the
Hawaii State Association of Counties (HSAC) Bylaws.
H. COMMITTEE REPORTS:
1. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR
INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS &
RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT
AREAS) COMMITTEE:
a. CR-FED 2014-01: on 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)
[Approved.]
COUNCIL MEETING AGENDA 7 JANUARY 16, 2014
2. 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.]
(Deferred 12/18/2013)
b. CR-COW 2014-01: on Bill No. 2497 A BILL FOR AN ORDINANCE TO
AMEND THE KAUAI COUNTY
CODE 1987, AS AMENDED, BY
ADDING A NEW ARTICLE TO
CHAPTER 4, RELATING TO THE
REGISTRATION AND
REGULATION OF LOBBYISTS
[Approved as Amended.]
I. RESOLUTION FOR RECONSIDERATION:
1. Resolution No. 2013-72, Draft 2 - RESOLUTION TO IMPLEMENT
AN ENVIRONMENTAL AND PUBLIC HEALTH IMPACTS STUDY (EPHIS), VIA
FORMATION OF A PESTICIDE AND GENETIC ENGINEERING JOINT FACT
FINDING GROUP (JFFG) (Adopted 12/18/2013)
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2520) - A BILL FOR AN ORDINANCE
AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987, AS AMENDED,
RELATING TO REAL PROPERTY TAXES
2. Proposed Draft Bill (No. 2521) - 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 HOUSING & COMMUNITY
DEVELOPMENT REVOLVING FUND (Housing Agency Grant Funded Bargaining
Unit 13 Increases- $20,891)
3. Proposed Draft Bill (No. 2522) - 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 (Fire Department
Bargaining Unit 11 Increases- $617,529)
COUNCIL MEETING AGENDA 8 JANUARY 16, 2014
4. Proposed Draft Bill (No. 2523) - 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 (Police Department
Other Post Employment Benefits (OPEB) Replenishment Due to Bargaining Unit 12
Increases- $987,606)
5. Proposed Draft Bill (No. 2524) - 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 (Committed Reserve
Fund Replenishment Due to Bargaining Unit 12 Increases- $561,864)
6. Proposed Draft Bill (No. 2525) - 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 (Committed Reserve
Fund Replenishment Due to Bargaining Unit 13 Increases- $197,072)
7. Proposed Draft Bill (No. 2526) - 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 (General Fund Other
Post Employment Benefits (OPEB) Replenishment Due to Bargaining Unit 13
Increases- $ 295,422)
8. Proposed Draft Bill (No. 2527) - 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 (Department of Parks
and Recreation, Parks Maintenance Septic System Pumping- $200,000)
9. Proposed Draft Bill (No. 2528) - 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, Administration - Other Services, Kauai Historical Society Grant -
$25,000)
COUNCIL MEETING AGENDA 9 JANUARY 16, 2014
K. BILLS FOR SECOND READING:
1. Bill No. 2497, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND
THE KAUAI COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW
ARTICLE TO CHAPTER 4, RELATING TO THE REGISTRATION AND
REGULATION OF LOBBYISTS (See also CR-COW 2014-01; the Committee of the
Whole recommended approval as amended to Bill No. 2497, Draft 1 on
January 8, 2014.)
2. 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) (See also CR-FED 2014-01; 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.)
L. 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.)
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.gov/Governor ent/CountyCouncil/PublicHearingNoticesandMinutes/tabid/599/Default.aspx
1. 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. 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
COUNCIL MEETING AGENDA 10 JANUARY 16, 2014
3. 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
4. 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
5. 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
6. 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)
7. 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
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.