HomeMy WebLinkAbout04/09/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, APRIL 9, 2014
10:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING R E�' �,�F��
4396 RICE STREET, SUITE 201
LIHU`E, KAUAI, HAWAII 96766
14 APR -3 P5 :06
A. MEETING CALLED TO ORDER. OFFICE OF
THE CC'JNTY CLERK
COUNTY OF KAUAI
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. February 26, 2014 Council Meeting
2. March 12, 2014 Public Hearing re: Bill No. 2530, Bill No. 2531, and
Bill No. 2532
3. March 27, 2014 Special Council Meeting
F. CONSENT CALENDAR:
1. C 2014-99 Communication (03/07/2014) from the County Engineer,
transmitting for Council consideration, a Resolution Amending
Resolution No. 141 (1975) By Removing and Establishing School
Bus Stops on Piko Road, Lawa`i Ridge Estates, KOloa District, to
provide safer conditions for children waiting on the side of the
road. (See Resolution No. 2014-18)
COUNCIL MEETING AGENDA 2 APRIL 9, 2014
2. C 2014-100 Communication (03/07/2014) from the County Engineer,
transmitting for Council consideration, a Resolution
Establishing a School Bus Stop on Maule Road, Waimea
District, County of Kaua`i, to benefit the many children who
reside in the area. (See Resolution No. 2014-19)
3. C 2014-101 Communication (03/17/2014) 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. Planning Commission
• Sean M. Mahoney (Labor)— Term ending 12/31/2016
2. Civil Service Commission
• Elizabeth Hahn —Term ending 12/31/2016
(See Resolution No. 2014-20 and Resolution No. 2014-21)
4. C 2014-102 Communication (03/19/2014) from the Director of Planning,
transmitting for Council information, the Six-Year Capital
Improvement (CIP) Program Fiscal Year 2014/2015 - 2019/2020
Final Report, as recommended by the Planning Commission.
(Copies of Director's Report and Supplement to the Director's
Report on file in the County Clerk's Office).
5. C 2014-103 Communication (03/21/2014) from Councilmember Yukimura,
transmitting for Council consideration, an amendment to the
Kaua`i County Charter relating to the Code of Ethics, to allow
officers or employees of the County to appear and advocate on
behalf of private interests before those County Boards,
Commissions, or Agencies for which they are not serving or
employed. (See Resolution No. 2014-22)
6. C 2014-104 Communication (03/24/2014) from Councilmember Yukimura,
providing written disclosure of a possible conflict of interest and
recusal from C 2014-80 and Resolution No. 2014-16 on the
March 27, 2014 Council Meeting Agenda, relating to 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 Urban Community
Development Act of 1974 and 1987, as amended, as she is a
member of the Advisory Board of the Boys & Girls Club, who is
listed as a recipient of the funds from this Grant.
COUNCIL MEETING AGENDA 3 APRIL 9, 2014
7. C 2014-105 Communication (03/26/2014) 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. Liquor Control Commission
• Jean A. Iida—Term ending 12/31/2016
2. Board of Ethics
• Ryan M. de la Pena— Term ending 12/31/2016
3. Building Board of Appeals
• Patrick D. Lizama (Fire Safety) — Term
ending 12/31/2016
(See Resolution No. 2014-23, Resolution No. 2014-24, and
Resolution No. 2014-25)
G. COMMUNICATIONS:
1. C 2014-106 Communication (01/27/2014) from Council Chair Furfaro,
requesting the presence of the Department of Public Works to
provide the Council with an update on the Comprehensive Space
Plan and Needs Assessment Report. This briefing will include,
but not be limited to, discussions on the plans for the space
previously occupied by Big Save, Inc.
2. C 2014-107 Communication (03/15/2014) from the Director of Economic
Development, requesting Council approval to apply for, receive,
and expend grant funds in the amount of approximately
$950,000 for a thirty-six (36) month period from the United
States Department of Education for the Native Hawaiian
Education Program to fund a special program designed for
at-risk children and youth and their families, to address the
needs of under-employment, introduce Hawaiian language
instruction, to assist in improving high school graduation rates
and to help them to become sustainable in the Kaua`i
community, and related goals.
3. C 2014-108 Communication (03/17/2014) from Council Vice Chair Chock,
requesting the presence of the Information Technology (IT)
Communication & Project Manager to discuss the costs and
benefits of partitioning the County's computer network system
between the legislative and administrative branches and an
analysis of sub-partitioning the different departments or
divisions within the respective branches.
COUNCIL MEETING AGENDA 4 APRIL 9, 2014
4. C 2014-109 Communication (03/19/2014) from the Director of Finance,
transmitting for Council information, the Condition of the
County Treasury Statement quarterly report as of
February 4, 2014.
5. C 2014-110 Communication (03/28/2014) from the County Engineer,
requesting agenda time for the Department of Public Works, the
Planning Department, and the Transportation Agency to
provide the Council with an update on the plans for Hardy
Street, Eiwa Street, and the surrounding area in Lihu`e.
6. C 2014-111 Communication (03/28/2014) from the County Attorney,
requesting Council authorization to expend funds up to $20,000
to retain Special Counsel to represent the County of Kaua`i in
In Re Application of County of Kaua`i for a Contested Case
Hearing, regarding National Pollutant Discharge Elimination
System (NPDES) Permit No. HI 0020257 and Zone of Mixing
Permit No. ZM-30 for the Wailua Wastewater Treatment Plant
located in Wailua, County of Kaua`i, State of Hawai`i, and
related matters.
7. C 2014-112 Communication (04/01/2014) from Councilmember Rapozo,
requesting Council consideration of the following, relating to the
National Association of Counties (NACo) Dental Discount
Program and Health Discount Program, which will offer
residents who are uninsured affordable alternatives to paying
full price for health and dental care services:
1) Request for approval to enter into a contract with Careington
International Corporation, for the NACo Dental Discount
Program;
2) Request for approval to execute all appropriate documents to
implement the NACo Health Discount Program;
3) Request for approval to indemnify Careington International
Corporation and Caremark PCS Health, L.L.C.;
4) Request for approval to execute all other appropriate
documents to effect the NACo Health Discount Program and
the NACo Dental Discount Program for the County of Kaua`i;
and
5) Provide the County Clerk with the authority to sign any and
all documents relating to these programs.
COUNCIL MEETING AGENDA 5 APRIL 9, 2014
H. LEGAL DOCUMENT:
1. C 2014-113 Communication (03/17/2014) from the County Engineer,
recommending Council approval of the following conveyances by
Kaua`i Lagoons LLC and Mori Golf(Kaua`i), LLC to the County:
1) improvements constructed by Kaua`i Lagoons LLC at the
Lihu`e Wastewater Treatment Plant (WWTP) to upgrade the
WWTP effluent to R-1 water quality for Reuse purposes,
2) an effluent injection well situated on Kaua`i Lagoons LLC
property for use by the County, along with 3) the associated
access easement needed for operation of the injection well:
• Dedication Deed for Sewerage Improvements (Lihu`e
Wastewater Treatment Plant R-1 Reuse Upgrade),
concerning Tax Map Key (TMK) No. (4) 3-5-001:027 (por);
• Conveyance of Sewerage Improvements (Kaua`i Lagoons
Resort Disposal Well, UIC Permit No. UK-1554),
concerning TMK No. (4) 3-5-001:027 (por); and
• Grant of Access Easement (Easement A-1), concerning
TMK No. (4) 3-5-001:027 (por).
I. COMMITTEE REPORTS:
1. PLANNING COMMITTEE:
a. CR-PL 2014-01: on Bill No. 2461 A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987,
AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE
(Amendments to the Shoreline Setback
Ordinance) [Approved as Amended.]
b. CR-PL 2014-02: on PL 2014-01 Communication (03/10/2014) from the
Director of Planning, requesting agenda time
on behalf of the Public Access, Open Space,
and Natural Resources Preservation Fund
Commission to present its 2013 Biennial
Report. [Received for the Record.]
COUNCIL MEETING AGENDA 6 APRIL 9, 2014
2. FINANCE & ECONOMIC DEVELOPMENT (TOURISM / VISITOR
INDUSTRY / SMALL BUSINESS DEVELOPMENT / SPORTS &
RECREATION DEVELOPMENT / OTHER ECONOMIC DEVELOPMENT
AREAS) COMMITTEE:
a. CR-FED 2014-19: on 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) [Approved.]
b. CR-FED 2014-20: on FED 2014-01 Communication (03/18/2014) from Council
Chair Furfaro, requesting the presence of the
Director of Economic Development, to discuss
the 2014 Hawai`i Tourism Authority (HTA)
Spring Marketing Update. [Received for
the Record.]
J. RESOLUTIONS:
1. Resolution No. 2014-12 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Nancy P. Golden)
(Deferred pending interview 03/27/2014)
2. Resolution No. 2014-13 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Paul N. Endo)
(Deferred pending interview 03/27/2014)
3. Resolution No. 2014-18 — RESOLUTION AMENDING
RESOLUTION NO. 141 (1975) BY REMOVING AND ESTABLISHING SCHOOL
BUS STOPS ON PIKO ROAD, LAWAI RIDGE ESTATES, KOLOA DISTRICT
COUNCIL MEETING AGENDA 7 APRIL 9, 2014
4. Resolution No. 2014-19 — RESOLUTION ESTABLISHING A SCHOOL
BUS STOP ON MAULE ROAD, WAIMEA DISTRICT, COUNTY OF KAUAI
5. Resolution No. 2014-20 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE PLANNING COMMISSION (Sean M Mahoney— Labor)
6. Resolution No. 2014-21 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE CIVIL SERVICE COMMISSION (Elizabeth Hahn)
7. Resolution No. 2014-22 — RESOLUTION PROPOSING A CHARTER
AMENDMENT RELATING TO THE CODE OF ETHICS
8. Resolution No. 2014-23 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Jean A. Lida)
9. Resolution No. 2014-24 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BOARD OF ETHICS (Ryan M de la Pena)
10. Resolution No. 2014-25 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE BUILDING BOARD OF APPEALS (Patrick D. Lizama —
Fire Safety)
K. BILLS FOR SECOND READING:
1. Bill No. 2461, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 8, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
COMPREHENSIVE ZONING ORDINANCE (Amendments to the Shoreline Setback
Ordinance) (See also CR-PL 2014-01; the Planning Committee recommended approval
as amended to Bill No. 2461, Draft 1 on April 2, 2014.)
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) (See also CR-FED 2014-19; 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 APRIL 9, 2014
L. 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-715 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 In Re Application of County of
Kaua`i for a Contested Case Hearing, regarding National Pollutant
Discharge Elimination System (NPDES) Permit No. HI 0020257 and
Zone of Mixing Permit No. ZM-30 for the Wailua Wastewater
Treatment Plant located in Wailua, County of Kaua`i, State of Hawai`i,
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.
2. ES-716 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, on behalf of the Council, requests an Executive Session with
the Council to provide the Council with a briefing on the information
contained in the Confidential Attorney-Client communications related
to Bill No. 2531. 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.
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/Government/CountyCouncil/PublicHearingNoticesan.dMinutes/rabid/599/Default.aspx
COUNCIL MEETING AGENDA 9 APRIL 9, 2014
1. 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)
2. 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. 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 — Kaua`i Humane Society (Cat
Licensing Fees) - $10,000)
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.