Loading...
HomeMy WebLinkAbout03/27/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA THURSDAY, MARCH 27, 2014 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 r- {- , , r- �r' LIHU`E, KAUAI, HAWAI`I 96766 R 1 ` A. MEETING CALLED TO ORDER. '14 MAR 21 P2 :51 B. ROLL CALL. OFFICE ur THE CUUNTY CLERK COUNTY Of KAUAI 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. February 12, 2014 Council Meeting 2. February 12, 2014 Public Hearing re: Bill No. 2520, Bill No. 2521, Bill No. 2522, Bill No. 2523, Bill No. 2524, Bill No. 2525, Bill No. 2526, Bill No. 2527, and Bill No. 2528 3. February 26, 2014 Special Council Meeting 4. February 26, 2014 Public Hearing re: Bill No. 2529 F. CONSENT CALENDAR: 1. C 2014-78 Communication (02/28/2014) from the Clerk of the Planning Commission, transmitting the Planning Commission's recommendation to amend Condition No. 19 of Ordinance No. PM-2004-370, as amended by Ordinance No. PM-2010-400, relating to the Kukui`ula Workforce Housing and Ordinance No. PM-2005-374 (Kukui ula Development Company (Hawaii), LLC and Kauai County Housing Agency, Applicants) (Applicants' petition, Planning Director's Report and Supplement #1 to Planning Director's Report, on file in the County Clerk's Office.) (See Proposed Draft Bill (No. 2539)) COUNCIL MEETING AGENDA 2 MARCH 27, 2014 2. C 2014-79 Communication (03/07/2014) from the Mayor, transmitting for Council consideration and confirmation, the following Mayoral appointees to the various Boards and Commissions for the County of Kaua`i: 1. Civil Service Commission • Nancy P. Golden —Term ending 12/31/2016 2. Liquor Control Commission • Paul N. Endo —Term ending 12/31/2016 3. Public Access, Open Space, and Natural Resources Preservation Fund Commission • Karen M. Ono —Term ending 12/31/2015 4. Salary Commission • Lenie F. P. Nishihira — Term ending 12/31/2016 (See Resolution No. 2014-12, Resolution No. 2014-13, Resolution No. 2014-14, and Resolution No. 2014-15) 3. C 2014-80 Communication (03/10/2014) from the Housing Director, transmitting for Council consideration, a Resolution Authorizing the Filing of the Kaua`i County 2014 Action Plan (Community Development Block Grant) with the Department of Housing and Urban Development, United States of America, for a Grant Under Title I of the Housing and Community Development Act of 1974 and 1987 (Public Laws 93-383 and 100-242), As Amended. (See Resolution No. 2014-16) 4. C 2014-81 Communication (03/14/2014) from the Mayor, transmitting his Fiscal Year 2014-2015 Budget Message, along with the proposed Operating Budget, Capital Improvements Projects (CIP) Budget, and Schedule of Charges and Fees. (Detailed Line Item Budget on file in the County Clerk's Office.) (See Proposed Draft Bill (No. 2537) and Proposed Draft Bill (No. 2538), including the proposed Fiscal Year 2014-2015 Real Property Tax Rate Resolution No. 2014-11) COUNCIL MEETING AGENDA 3 MARCH 27, 2014 5. C 2014-82 Communication (03/14/2014) from the Director of Planning, transmitting for Council consideration, a Bill for an Ordinance to amend Chapter 8, Article 17, Kaua`i County Code 1987, as amended, relating to the Comprehensive Zoning Ordinance, to increase the fee charged by the Planning Department from $500 to $750 for non-conforming use certificate fees charged as a part of the County's Transient Vacation Rental (TVR) program. (See Proposed Draft Bill (No. 2540)) 6. C 2014-83 Communication (03/14/2014) from the Director of Finance, transmitting for Council consideration, a Bill for an Ordinance to amend Chapter 6, Article 14, Kaua`i County Code 1987, as amended, relating to the Public Access, Open Space, and Natural Resources Preservation Fund to establish a floor of one-half percent (0.5%), as stated in the Kaua`i County Charter, and a ceiling of one and one-half percent (1.5%) of the annual certified Real Property Tax revenues appropriated to said Fund. (See Proposed Draft Bill (No. 2541)) 7. C 2014-84 Communication (03/14/2014) from the Director of Finance, transmitting for Council consideration, a Bill for an Ordinance to amend Section 21-9.2 of the Kaua`i County Code 1987, as amended, relating to Integrated Solid Waste Management, to increase the Solid Waste Tipping Fees imposed for business, commercial, and other nonresidential disposal fees. (See Proposed Draft Bill (No. 2542)) 8. C 2014-85 Communication (03/14/2014) from the Director of Finance, transmitting for Council consideration, a Bill for an Ordinance to amend Section 5-2.3 of the Kaua`i County Code 1987, as amended, relating to the Motor Vehicle Weight Tax, to increase the Motor Vehicle Weight Tax rates for both Passenger and • Freight vehicles. (See Proposed Draft Bill (No. 2543)) 9. C 2014-86 Communication (03/14/2014) from Council Chair Furfaro, transmitting for Council consideration, a Resolution requesting that the State of Hawai`i and affected community members expand eradication and prevention efforts regarding Little Fire Ants. (See Resolution No. 2014-17) G. COMMUNICATIONS: 1. C 2014-87 Communication (02/03/2014) from Council Chair Furfaro, requesting the presence of Michael J. Belles, Esq., to provide the Council with the first quarterly progress report relating to the rebuilding of the Coco Palms Hotel by Coco Palms Hui, LLC. COUNCIL MEETING AGENDA 4 MARCH 27, 2014 2. C 2014-88 Communication (03/04/2014) from the Executive on Transportation, requesting Council approval to amend the amount authorized to receive, indemnify, and expend the Federal Fiscal Year 2013 Federal Transit Administration (FTA) Section 5339 Annual Apportionment provided to the County of Kaua`i to support public transit capital expenses, by increasing the amount by $15,833, for a total grant award of$415,833. 3. C 2014-89 Communication (03/05/2014) from Council Chair Furfaro, requesting the presence of the County Engineer, to provide an update on the Ala Kalanikaumaka Street off-site drainage area and the efforts of the Department of Public Works to address the reported problems that occur following heavy rain. 4. C 2014-90 Communication (03/10/2014) from the Fire Chief, requesting Council approval to receive and expend the recurring Volunteer Fire Assistance Program Grant No. 13-DG-11052012-102 in the amount of $50,000, for training and acquisition of equipment and materials. 5. C 2014-91 Communication (03/11/2014) from the Director of Finance, transmitting for Council information, the Second Quarter Estimate of Revenues and Expenditures Report (Periods 4-6) for the Fiscal Year 2013-2014. 6. C 2014-92 Communication (03/14/2014) from the Director of Economic Development, requesting Council approval to accept a donation from the Hawai`i Natural Energy Institute (HNEI) for building energy monitoring at 3990 Ka'ana Street, valued at $64,072, to include hardware, setup, monitoring, data collection, reporting, and suggested retrofit strategies for the facility. 7. C 2014-93 Communication (03/14/2014) from the County Attorney, requesting authorization to expend funds up to $65,000 for Special Counsel's continued services to advise and represent the County Council in matters relating to the investigation of personnel matters involving the County Auditor's Office, and related matters (including Ernesto G. Pasion vs. County of Kaua`i, et al., Civil No. 13-00676 ACK RLP (U.S. District Court)). 8. C 2014-94 Communication (03/20/2014) from the County Attorney, requesting authorization to expend funds up to $10,000 to retain Special Counsel to represent the Office of the County Auditor regarding the release of the Fuel Audit, and related matters. COUNCIL MEETING AGENDA 5 MARCH 27, 2014 H. LEGAL DOCUMENTS: 1. C 2014-95 Communication (02/24/2014) from the County Engineer, requesting Council approval of the State-County Memorandum of Agreement (MOA) Implementation of County Federal-Aid Highway Projects and Programs. 2. C 2014-96 Communication (03/05/2014) from the Director of Economic Development, recommending Council approval of the County of Kaua`i Kilauea Agricultural Park Agreement with Malama Kaua`i and the Kilauea Agricultural Committee relating to the Stewardship of Kilauea Agricultural Park Complex located on real property identified as Tax Map Key (TMK) No: (4) 5-2-004-047 (por.) and (4)-5-2-004-099 (por.), 75 acres of land situated in the Hanalei District, Kaua`i. • County of Kaua`i Kilauea Agricultural Park Agreement for the Stewardship of Kilauea Agricultural Park Complex located on real property identified as Tax Map Key (TMK) No: (4) 5-2-004-047 (por.) and (4)-5-2-004-099 (por.) I. CLAIMS: 1. C 2014-97 Communication (03/07/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Felicia Cowden, for damage to her personal property, pursuant to Section 23.06, Charter of the County of Kaua`i. 2. C 2014-98 Communication (03/10/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Paul Noboru Applegate, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. J. COMMITTEE REPORTS: 1. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS & RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT AREAS) COMMITTEE: a. CR-FED 2014-16: on C 2014-53 Communication (02/05/2014) from Councilmember Bynum, requesting the presence of the Director of Finance and the Budget & Purchasing Director, for a broad discussion and presentation on the budget trend analysis and identified challenges for the upcoming Fiscal Year 2014-2015 budget session for the County of Kaua`i. [Received for the Record.] COUNCIL MEETING AGENDA 6 MARCH 27, 2014 b. CR-FED 2014-17: on 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) [Received for the Record.] c. CR-FED 2014-18: on 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) [Approved.] K. RESOLUTIONS: 1. Resolution No. 2014-11 - RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2014 TO JUNE 30, 2015 FOR THE COUNTY OF KAUAI 2. Resolution No. 2014-12 - RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Nancy P. Golden) 3. Resolution No. 2014-13 - RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Paul N. Endo) COUNCIL MEETING AGENDA 7 MARCH 27, 2014 4. Resolution No. 2014-14 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND COMMISSION (Karen M Ono) 5. Resolution No. 2014-15 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE SALARY COMMISSION (Lenie F. P. Nishihira) 6. Resolution No. 2014-16 — RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2014 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED 7. Resolution No. 2014-17 — RESOLUTION REQUESTING THAT THE STATE OF HAWAII AND AFFECTED COMMUNITY MEMBERS EXPAND ERADICATION AND PREVENTION EFFORTS REGARDING LITTLE FIRE ANTS L. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2537) — A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014 TO JUNE 30, 2015 (Mayor's Operating Budget) 2. Proposed Draft Bill (No. 2538) — A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2014 TO JUNE 30, 2015 (Mayor's CIP Budget) 3. Proposed Draft Bill (No. 2539) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. PM-2004-370, AS AMENDED BY ORDINANCE NO. PM-2010-400, AND ORDINANCE NO. PM-2005-374, RELATING TO THE KUKUI`ULA WORKFORCE HOUSING 4. Proposed Draft Bill (No. 2540) — A BILL FOR AN ORDINANCE AMENDING ARTICLE 17, CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO NONCONFORMING USE CERTIFICATES FOR SINGLE FAMILY VACATION RENTALS 5. Proposed Draft Bill (No. 2541) — A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 14, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND COUNCIL MEETING AGENDA 8 MARCH 27, 2014 6. Proposed Draft Bill (No. 2542) — A BILL FOR AN ORDINANCE AMENDING SECTION 21-9.2 OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO INTEGRATED SOLID WASTE MANAGEMENT 7. Proposed Draft Bill (No. 2543) — A BILL FOR AN ORDINANCE AMENDING SECTION 5-2.3, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE COUNTY MOTOR VEHICLE WEIGHT TAX M. BILLS FOR SECOND READING: 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) (See also CR-FED 2014-17; the Finance & Economic Development (Tourism / Visitor Industry / Small Business Development / Sports & Recreation Development / Other Economic Development Areas) Committee recommended Bill No. 2530 be received for the record.) 2. 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) (See also CR-FED 2014-18; 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 Hawai`i 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-712 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and (8) 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 and for settlement authority as it relates to the investigation of personnel matters involving the Office of the County Auditor, and related matters (including Ernesto G. Pasion vs. County of Kaua`i, et al., Civil No. 13-00676 ACK RLP (U.S. District Court)). 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 27, 2014 2. ES-713 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and (8) 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 as it relates to the investigation of personnel matters involving the Office of the County Auditor, and related matters (including Ernesto G. Pasion vs. County of Kaua`i, et al., Civil No. 13-00676 ACK RLP (U.S. District Court)). 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-714 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and (8) 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 as it relates to the retention of Special Counsel to represent the Office of the County Auditor regarding the release of the Fuel Audit, 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. O. ADJOURNMENT. 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.