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HomeMy WebLinkAbout03/12/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, MARCH 12, 2014 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766 RECEIVED A. MEETING CALLED TO ORDER. 14 MAR -6 P 3 :02 B. ROLL CALL. O-Hi,;E OF THE COUNTY CLERK C. APPROVAL OF AGENDA. COUNTY OF KAUAI 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. February 7, 2014 Special Council Meeting 2. February 12, 2014 Special Council Meeting 3. February 19, 2014 Special Council Meeting 4. February 20, 2014 Special Council Meeting F. CONSENT CALENDAR: 1. C 2014-62 Communication (02/18/2014) from the Chair of the Public Access, Open Space, and Natural Resources Preservation Fund Commission, transmitting for Council information, the Commission's 2013 Report, in conformance with the requirement of Ordinance No. 812. (Copies of the Public Access, Open Space, and Natural Resources Preservation Fund Commission's 2013 Report on file in the County Clerk's Office.) COUNCIL MEETING AGENDA 2 MARCH 12, 2014 2. C 2014-63 Communication (02/19/2014) from Councilmember Hooser, transmitting for Council consideration, a Resolution Appointing a Representative and Alternate to the Executive Committee of the Hawai`i State Association of Counties (HSAC) and Nominating a Representative to Serve as a Director on the National Association of Counties (NACo) Board of Directors, pursuant to Section 5 of the Bylaws of the Hawai`i State Association of Counties. (See Resolution No. 2014-09) 3. C 2014-64 Communication (02/21/2014) from the County Engineer, 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, for projected fund deficiencies in the Solid Waste Fund for the following programs: a) Solid Waste Recycling — Greenwaste Diversion ($340,000), Kaua`i Recycles Program ($290,000), R&M of the Kaua`i Resource Center ($40,000), and Abandoned Vehicle Disposal ($30,000) (See Proposed Draft Bill (No. 2534)) b) Solid Waste Disposal — Operation of the Kekaha Landfill ($350,000), Kekaha Landfill Liner Investigation Work Plan ($100,000), Additional Storm Water Testing at the Refuse Transfer Stations ($30,000), and the Lihu`e Transfer Station Sprinkler Line Repair ($20,000) (See Proposed Draft Bill (No. 2535)) 4. C 2014-65 Communication (02/21/2014) from the Director of Finance, 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, to account for both the additional revenue anticipated to be collected and the offsetting expenditures resulting from, the Cat Licensing Program. (See Proposed Draft Bill (No. 2536)) 5. C 2014-66 Communication (02/20/2014) from the Director of Finance, transmitting for Council information, the Period 5 Financial Report — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of November 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 5 Financial Reports as of November 30, 2013 on file in the County Clerk's Office.) COUNCIL MEETING AGENDA 3 MARCH 12, 2014 6. C 2014-67 Communication (02/20/2014) from the Director of Finance, transmitting for Council information, the Period 6 Financial Report — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of December 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 6 Financial Reports as of December 31, 2013 on file in the County Clerk's Office.) 7. C 2014-68 Communication (03/05/2014) from Councilmember Kagawa and Councilmember Rapozo, transmitting for Council consideration, a Resolution relating to ongoing initiatives at the legislative and State administrative levels regarding the management of coastal and marine resources around the island of Ni`ihau. (See Resolution No. 2014-10) G. 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 pending action by the Police Commission 02/12/2014) 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 pending action by the Police Commission 02/12/2014) 3. C 2014-58 Communication (02/14/2014) from the County Attorney, requesting authorization to expend funds up to $15,000 for Special Counsel's continued services provided for Defendant Chris Calio in Lvnell Tokuda, et al. vs. Chris Calio, et al., Civil No. CV13-00202 DKW-BMK (U.S. District Court), and related matters. (Deferred 02/26/2014) COUNCIL MEETING AGENDA 4 • MARCH 12, 2014 4. C 2014-69 Communication (02/13/2014) from the Fire Chief, requesting Council approval to apply for, receive, and expend the 2013 State of Hawai`i, Department of Transportation, Highway Safety Grant in the amount of $1,574.75, for the purchase of twenty-five (25) pairs of Ringor Barrier 1 extrication gloves to provide the Kaua`i Fire Department (KFD) firefighters with the necessary protection to safely mitigate a vehicle accident. 5. C 2014-70 Communication (02/14/2013) from the Executive on Aging, requesting Council approval to receive and expend State funds, and indemnify the State Executive Office on Aging for their intent to award the following to the County of Kaua`i, Agency on Elderly Affairs: 1) Kupuna Care funds in the amount of $174,252 to provide services for case management, transportation, personal care, homemaker, home delivered meals, and adult day health services; 2) Healthy Aging Program funds for EnhanceFitness and Better Choices, Better Health in the amount of$91,097; and 3) Aging and Disability Resource Center (ADRC) funds in the amount of$26,783. 6. C 2014-71 Communication (02/20/2014) from Council Chair Furfaro, requesting the presence of the County Engineer to provide an update on the status of the Comprehensive Road Maintenance Plan. 7. C 2014-72 Communication (02/20/2014) from the Deputy Director of Finance, transmitting for Council information, the 2014 Real Property Assessment List of the County of Kaua`i. (2014 Real Property Assessment List on file in the County Clerk's Office.) 8. C 2014-73 Communication (02/27/2014) from the Director of Finance, transmitting for Council information, supplemental property tax revenue information pertaining to the estimated reduction in real property tax revenues resulting from the Home Preservation Limit tax relief measure enacted by the Kaua`i County Council, based on the Real Property Assessment Certification for Fiscal Year 2015 factored with the existing real property tax rates. COUNCIL MEETING AGENDA 5 MARCH 12, 2014 9. C 2014-74 Communication (02/26/2014) from the Director of Finance, transmitting for Council information, the Period 7 Financial Report — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of January 31, 2014, pursuant to Section 21 of Ordinance No. B-2013-753, relating to the Operating Budget of the County of Kaua`i for Fiscal Year 2014. (Copies of the Period 7 Financial Reports as of January 31, 2014 on file in the County Clerk's Office.) H. LEGAL DOCUMENT: 1. C 2014-75 Communication (02/28/2014) from the Housing Director, requesting Council approval to execute a Ground Lease with Rice Camp Partners, LP (RCP), for Rice Camp Senior Housing situated at Tax Map Key (TMK) Nos. (4) 3-6-009-001 and (4) 3-6-004-009 for a term of sixty-five (65) years for management and operation of the Rice Camp Senior Housing Project. • Ground Lease I. CLAIM: 1. C 2014-76 Communication (02/28/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Glenn Miyasato, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. J. COMMITTEE REPORTS: 1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2014-02: on PWPR 2014-02 Communication (01/31/2014) from Council Chair Furfaro, requesting the presence of the County Engineer, to provide an update on the status of safety improvements for Lae Road and Wawae Road in Kalaheo, efforts to address safety concerns relative to draining and runoff, and the need for a guardrail across the property at 2963 Wawae Road. [Received for the Record.] COUNCIL MEETING AGENDA 6 MARCH 12, 2014 2. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2014-15: on 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) [Approved] K. RESOLUTIONS: 1. Resolution No. 2014-04 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE COST CONTROL COMMISSION (Brandon H. Shimokawa—At-Large) (Deferred 02/26/2014) 2. Resolution No. 2014-09 — RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE EXECUTIVE COMMITTEE OF THE HAWAII STATE ASSOCIATION OF COUNTIES AND NOMINATING A REPRESENTATIVE TO SERVE AS A DIRECTOR ON THE NATIONAL ASSOCIATION OF COUNTIES BOARD OF DIRECTORS 3. Resolution No. 2014-10 — RESOLUTION REQUESTING THAT ISSUES AND EFFORTS AFFECTING THE ISLAND OF NIIHAU BE RESOLVED THROUGH COMMUNITY-BASED DISCUSSIONS AND NEGOTIATIONS AND REQUESTING THE HAWAII STATE LEGISLATURE AND THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO CEASE ONGOING LEGISLATIVE AND ADMINISTRATIVE INITIATIVES TO ADDRESS THE MANAGEMENT OF COASTAL AND MARINE RESOURCES AROUND THE ISLAND OF NIIHAU L. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2534) — 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 AND SOLID WASTE DISPOSAL FUND (Solid Waste Disposal Fund, Solid Waste Recycling — Other Services - $700,000) COUNCIL MEETING AGENDA 7 MARCH 12, 2014 2. Proposed Draft Bill (No. 2535) — 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 AND SOLID WASTE DISPOSAL FUND (Solid Waste Disposal Fund, Solid Waste Disposal — Other Services - $500,000) 3. Proposed Draft Bill (No. 2536) — 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 Finance — Administration, Special Projects — Kauai Humane Society (Cat Licensing Fees) - $10,000) M. BILLS FOR SECOND READING: 1. 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 (Deferred 02/26/2014;Pursuant to Council Rule No. 2(a)) 2. 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) (See also CR-FED 2014-15; 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. N. 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 8 MARCH 12, 2014 1. ES-703 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 regarding the settlement in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (United States District 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. (Deferred 02/26/2014) 2. ES-707 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and (8), and Kauai 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. 13-00202 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. (Deferred 02/26/2014) 3. ES-708 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, on behalf of the Council, requests an Executive Session to allow Special Counsel to provide the Council with a briefing 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. 4. ES-709 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing to discuss the Council's obligations as it relates to Sheilah Miyake's request for payment of attorneys' fees in Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 RLP (United States District 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. 5. ES-710 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 Office of the County Attorney, on behalf of the Council, requests an Executive Session to allow Special Counsel to provide the Council with a briefing in Kaua`i Springs, Inc. v. County of Kauai, et al., Civil No. 07-1-0182 and Kauai Springs, Inc. vs. Planning Commission of the County of Kaua`i, Civil No. 07-1-0042 (Fifth Circuit 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 9 MARCH 12, 2014 0. ADJOURNMENT. P. 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/Government/CountyCouncil/PublicHearingNoticesandMinutes/tabid/599/Default.aspx 1. 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. 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. 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) Q. 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.