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HomeMy WebLinkAbout02/12/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, FEBRUARY 12, 2014 RECE1v�-n 9:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 14 FEB -6 P3 25 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAI`I 96766 OFFICE OF THE COUI "" A. MEETING CALLED TO ORDER. COUNT Y B. ROLL CALL. C. APPROVAL OF AGENDA. D. PUBLIC COMMENT. Pursuant to Council Rule 13(e), members of the public shall be allowed p e a owed 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 meeting of the Council: l. 1. January 22, 2014 Special Council Meeting F. SPECIAL ORDER OF THE DAY: 1. 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 (Pursuant to Council Rule No. 5(e), Council Absence. Tie Vote) 2. 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 (Pursuant to Council Rule No. 5(e), Council Absence. Tie Vote) COUNCIL MEETING AGENDA 2 FEBRUARY 12, 2014 G. CONSENT CALENDAR: 1. C 2014-39 Communication (01/06/2014) from the Chief of Police, transmitting for Council consideration, proposed amendments to Ordinance No. B-2013-753, as amended, relating to the Operating Budget of the County of Kaua`i for the Fiscal Year 2013-2014, by Revising the Amounts Estimated in the General Fund. (Police Department — Chief's Office, Regular Overtime - $500,000) (See Proposed Draft Bill (No. 2530)) 2. C 2014-40 Communication (01/16/2014) from the County Attorney, transmitting for Council consideration, proposed amendments to Ordinance No. B-2013-753, as amended, relating to the Operating Budget of the County of Kaua`i for the Fiscal Year 2013-2014, by Revising the Amounts Estimated in the General Fund. (Office of the County Attorney, Consultant Services/Special Counsel - $500,000) (See Proposed Draft Bill (No. 2531)) 3. C 2014-41 Communication (01/22/2014) 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 2013-2014, by Revising the Amounts Estimated in the Bond Fund — CIP and Special Trust Fund — CIP for Parks and Playgrounds — Hanalei District. (Black Pot Condemnation Balance - $1,259,905) (See Proposed Draft Bill (No. 2532)) • 4. C 2014-42 Communication (01/21/2014) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointees to the various Boards and Commissions for the County of Kauai: 1. Building Board of Appeals: • Michael Y. Nagano (Fire Safety) — Term ending 12/31/2014 2. Board of Water Supply: • Laurie K. Ho (At-Large)— Term ending 12/31/2016 3. Cost Control Commission: • Brandon H. Shimokawa (At-Large) — Term ending 12/31/2016 4. Salary Commission: • Camilla C. Matsumoto (At-Large) — Term ending 12/31/2014 (See Resolution No. 2014-02, Resolution No. 2014-03, Resolution No. 2014-04, and Resolution No. 2014-05) COUNCIL MEETING AGENDA 3 FEBRUARY 12, 2014 5. C 2014-43 Communication (01/21/2014) from the County Engineer, transmitting for Council consideration, a Resolution Establishing Crosswalks Across `Ulu Maika Street And Kalepa Street, Lihu`e District, County Of Kaua`i. (See Resolution No. 2014-06) H. COMMUNICATIONS: 1. 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. (Deferred 01/29/2014) 2. 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. (Deferred 01/29/2014) 3. C 2014-44 Communication (01/31/2014) from the Fire Chief, requesting Council approval to receive and expend a Staffing for Adequate Fire and Emergency Response (SAFER) grant from the United States Department of Homeland Security in the amount of $944,700, to cover a two (2) year period of salary costs for the hiring of three (3) firefighters to staff the Lihu`e Engine Company and three (3) firefighters for the Lihu`e Rescue Company. These additional positions will help to minimize the margin of compromise, improve the initial fire alarm response, mitigate safety issues associated with limited fire ground personnel, protect the island's critical infrastructure, and bring staffing into compliance with the National Fire Protection Association (NFPA) 1710 standards. 4. C 2014-45 Communication (02/04/2014) from the County Attorney, requesting authorization to expend funds up to $75,000 to retain Special Counsel to represent the County of Kaua`i in Syngenta Seeds, Inc.; a Delaware corporation, et al. vs. County of Kaua`i, Civil No. CV14-00014 BMK (U.S. District Court), and related matters. I. CLAIM: 1. C 2014-46 Communication (01/29/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kauai by Nelly Bautista, for a medical bill, pursuant to Section 23.06, Charter of the County of Kaua`i. COUNCIL MEETING AGENDA 4 FEBRUARY 12, 2014 J. COMMITTEE REPORTS: 1. ENVIRONMENTAL SERVICES / PUBLIC SAFETY / COMMUNITY ASSISTANCE COMMITTEE: a. CR-EPC 2014-03: on EPC 2014-01 Communication (01/21/2014) from Council Chair Furfaro, requesting the presence of the County Engineer, to provide an update on the status of the Administration's efforts to address the odiferous compounds coming from the Coco Palms Sewage Pump Station at the Wailua Wastewater facility (near the entrance of the Wailua Houselots). [Received for the Record.] 2. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2014-01: on PWPR 2014-01 Communication (01/17/2014) from Committee Chair Kagawa, requesting the presence of the County Engineer, to provide an update on the Salt Pond Beach Park. This briefing shall include, but not be limited to, an update on the facilities (i.e., restrooms, cooking grills, septic system(s), etc.), and the status of the illegal campers and homeless persons at the park. [Received for the Record.] K. RESOLUTIONS: 1. Resolution No. 2014-01 — RESOLUTION ESTABLISHING NO PARKING AT ANY TIME ALONG PORTION OF KOLOA ROAD, KOLOA DISTRICT, COUNTY OF KAUAI (Deferred 01/29/2014) 2. Resolution No. 2014-02 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Michael Y. Nagano — Fire Safety) 3. Resolution No. 2014-03 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE BOARD OF WATER SUPPLY (Laurie K Ho—At-Large) COUNCIL MEETING AGENDA 5 FEBRUARY 12, 2014 4. Resolution No. 2014-04 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Brandon H. Shimokawa—At-Large) 5. Resolution No. 2014-05 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE SALARY COMMISSION (Camilla C. Matsumoto — At-Large) 6. Resolution No. 2014-06 — RESOLUTION ESTABLISHING CROSSWALKS ACROSS 'ULU MAIKA STREET AND KALEPA STREET, LIHU`E DISTRICT, COUNTY OF KAUAI L. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2530) — 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 — Chief's Office, Regular Overtime - $500,000) 2. Proposed Draft Bill (No. 2531) — 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, Consultant Services/Special Counsel - $500,000) 3. Proposed Draft Bill (No. 2532) — 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 — CIP AND SPECIAL TRUST FUND — CIP FOR PARKS & PLAYGROUNDS (Black Pot Condemnation Balance - $1,259,905) 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.) COUNCIL MEETING AGENDA 6 FEBRUARY 12, 2014 1. ES-696 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kauai 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. (Deferred 01/29/2014) 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. (Deferred 01/29/2014) 3. ES-698 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 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. (Deferred 01/29/2014) 4. ES-701 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 case of Verna Rita v. County of Kaua`i, Civil No. CV12-00605 JMS RLP (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. 5. ES-702 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 the County of Kaua`i in Syngenta Seeds, Inc.; a Delaware corporation, et al. vs. County of Kaua`i, Civil No. CV14-00014 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 7 FEBRUARY 12, 2014 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: h.ttp://www.kauai.gov/Govern.nien.t,/CountyCouncil/Pit blicHearingNotieesan.dMinutes/tabid/599/Default.aspx 1. Bill No. 2520-A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987,AS AMENDED, RELATING TO REAL PROPERTY TAXES 2. 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. 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) 4. 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. 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. 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. 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) COUNCIL MEETING AGENDA 8 FEBRUARY 12, 2014 8. 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. 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) 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.