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HomeMy WebLinkAbout01/29/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA RECEN� WEDNESDAY, JANUARY 29, 2014 9:00 A.M. OR SOON THEREAFTER '14 JAN 23 P 3 :29 COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 OFFICE Or THE COUNTY Y CLERK • LJHUE, KAUAI, HAWAII 96766 CO UNT Y Or t,•le` 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 g g g 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. June 28, 2011 Council Site Visit 2. December 18, 2013 Council Meeting F. CONSENT CALENDAR: 1. C 2014-24 Communication (12/31/2013) from the County Engineer, transmitting for Council consideration, a Resolution Establishing No Parking At Any Time Along A Portion Of Koloa Road, Koloa District, County Of Kauai. (See Resolution No. 2014-01) 2. C 2014-25 Communication (01/06/2014) from the Chief of Police, transmitting for Council consideration, proposed amendments to Ordinance No. B-2013-753, as amended, relatin g to the Fiscal Year 2013-2014 Operating Budget, by Revising the Amounts Estimated in the General Fund. (Police Department Workers Compensation Medical— $110,000) (See Proposed Draft Bill (No. 2529)) COUNCIL MEETING AGENDA 2 JANUARY 29, 2014 3. C 2014-26 Communication (01/21/2014) from Council Chair Furfaro, providing written disclosure of a possible conflict of interest, relating to Ernesto G. Pasion vs. County of Kaua`i, et al., Civil No. 13-1-0340 (Fifth Circuit Court), as he is named in his individual capacity. 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 Hawaii, 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. (See also CR-EPC 2014-01; the Environmental Services / Public Safety / Community Assistance Committee recommended approval on January 22, 2014.) i2. C 2014-27 Communication (11/22/2013) from Council Chair Furfaro, requesting the presence of the Director of Parks and Recreation and the County Engineer, to provide the Council with an update on the Administration's progress and current plans as it relates to the restoration of the former Hanalei Courthouse Facility. This briefing should include, but not be limited to, the following: • The plan/design/construction of sidewalks; • Whether all plans and designs were presented to and accepted by the community; • The requirement for floodwalls, including an assessment of potential impacts such as water run-off; and • A report on the outcome of the planned community meeting to discuss restoration and use of the Hanalei Courthouse Facility. COUNCIL MEETING AGENDA 3 JANUARY 29, 2014 l 3. C 2014-28 Communication (01/03/2014) from Council Chair Furfaro, requesting the presence of the County Engineer, to provide the Council with an update on the status of safety improvements for Lae Road and Wawae Road in Kalaheo (Project No. W12058), in the Fiscal Year 2013-2014 Capital Improvement Projects (CIP) Budget; and the Administration's efforts to address safety concerns relatin g drainage draina a and runoff on Wawae Road in Kalaheo and the need for a guardrail across the property located at 2963 Wawae Road, Kalaheo. 4. C 2014-29 Communication (01/06/2014) from the Acting Director of Personnel Services, transmitting for Council information, the October-December 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 second quarter. / 5. C 2014-30 Communication (01/06/2014) from the Director of Finance, transmitting for Council information, the Second 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 Kaua`i for Fiscal Year 2013-2014. 6. C 2014-31 Communication (01/08/2014) from Jennifer S. Winn, Deputy County Attorney, transmitting for Council information, the Quarterly Report on Settled Claims against the County of Kaua`i from October 1, 2013 through December 31, 2013. 7. C 2014-32 Communication (01/08/2014) from the Salary Commission, transmitting for Council information, the Salary Commission's Resolution No. 2013-2, Relating to the Salaries of Certain Officers and Employees of the County of Kaua`i. /8. C 2014-33 Communication (01/08/2014) from the Director of Parks and Recreation, requesting Council approval to accept a monetary donation in the amount of $1,500 from the M.A. Rikard Charitable Trust for youth programs at the Kalaheo Neighborhood Center/Gymnasium. 9. C 2014-34 Communication (01/09/2014) from the Fire Chief, requesting Council approval to reallocate funds from Account No. 001-1102-566.89-06 (Fire Department, Fire Operations — Public Safety) for the purchase of swiftwater rescue safety gear and equipment in the amount of$15,000. COUNCIL MEETING AGENDA 4 JANUARY 29, 2014 10.C 2014-35 Communication (01/16/2014) from the County Attorney, requesting authorization to expend funds up to $8,000 to retain Special Counsel to represent Henry Barriga in Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. 13-00202 DKW-BMK (U.S. District Court), and related matters. 11.C 2014-36 Communication (01/16/2014) from the County Attorney, requesting authorization to expend funds up to $8,000 to retain Special Counsel to represent Sherwin Perez in Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. 13-00202 DKW-BMK (U.S. District Court), and related matters. H. CLAIMS: 1. C 2014-37 Communication (12/26/2013) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Alamo Rental Damage Recovery Unit, for damages to their vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 2. C 2014-38 Communication (01/06/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Amy Bonvillain, for damages to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORTS: 1. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2014-01: on 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 Hawaii, 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; COUNCIL MEETING AGENDA 5 JANUARY 29, 2014 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. [Approved.] b. CR-EPC 2014-02: on 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 [Amended to Bill No. 2515, Draft 1; 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 2014-02: on 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 [Approved.] b. CR-FED 2014-03: on 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) [Approved as Amended.] COUNCIL MEETING AGENDA 6 JANUARY 29, 2014 c. CR-FED 2014-04: on 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 [Received for the Record.] /d. CR-FED 2014-05: on 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) [Approved.] 3. COMMITTEE OF THE WHOLE /a. CR-COW 2014-02: on COW 2014-01 Communication (01/10/2014) from Councilmember Yukimura, requesting agenda time for a presentation from Families First Hawai`i Services, Inc., on the Feasibility Study for the proposed Residential Adolescent Drug Treatment Center [Received for the Record.] /b. CR-COW 2014-03: on 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 [Approved.] J. RESOLUTION: 1. Resolution No. 2014-01 — RESOLUTION ESTABLISHING NO PARKING AT ANY TIME ALONG PORTION OF KOLOA ROAD, KOLOA DISTRICT, COUNTY OF KAUAI COUNCIL MEETING AGENDA 7 JANUARY 29, 2014 K. BILL FOR FIRST READING: 1. Proposed Draft Bill (No. 2529) — 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 Workers Compensation Medical— $110,000) L. BILLS FOR SECOND READING. 1. Bill No. 2513, Draft 1 — 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) (See also CR-FED 2014-03; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval as amended to Bill No. 2513, Draft 1 on January 22, 2014.) 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 (See also CR-FED 2014-04; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended Bill No. 2514 be received for the record.) 3. Bill No. 2515, Draft 1 — A BILL FOR AN ORDINANCE AMENDING SECTION 21-9.2 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT (See also CR-EPC 2014-02; the Environmental Services / Public Safety / Community Assistance Committee recommended Bill No. 2515, Draft 1 be received for the record.) 4. 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 (See also CR-FED 2014-02; 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 JANUARY 29, 2014 5. 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) (See also CR-FED 2014-05; the Finance & Economic Development (Tourism / Visitor Industr y / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended approval on second and final reading.) 6. 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 (See also CR-COW 2014-03; the Committee of the Whole recommended approval on second and final reading.) 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.) 71. ES-696 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, discussion and consultation regarding the quarterly report on pending and denied claims. 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. 2. ES-697 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 on the retention of Special Counsel to represent Henry Barriga in Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. 13-00202 DKW-BMK (U.S. District 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. 3. ES-698 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Section e 3.07 ( ) 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 Sherwin Perez in Lynell Tokuda, et al. vs. Chris Calio, et al., Civil No. 13-00202 DKW-BMK (U.S. District 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. COUNCIL MEETING AGENDA 9 JANUARY 29, 2014 N. ADJOURNMENT. 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.