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HomeMy WebLinkAbout04/23/2014 Council Meeting Agenda COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, APRIL 23, 2014 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS RECEIVED HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766 14 APR 17 P 1 14 A. MEETING CALLED TO ORDER. OFFICE OF THC COMI?Y CLERK COUPTY `i^,UA•'I 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. March 27, 2014 Council Meeting 2. April 2, 2014 Special Council Meeting F. CONSENT CALENDAR: 1. C 2014-114 Communication (03/19/2014) from the County Engineer, transmitting for Council consideration, a Resolution establishing a crosswalk, a bus stop, shared-use paths, one-way traffic lane, and intersection modifications on `Eiwa Street, Lihu`e District, County of Kaua`i, based on planning, engineering, traffic investigation, and implementation of complete street concepts. (See Resolution No. 2014-26) COUNCIL MEETING AGENDA 2 APRIL 23, 2014 2. C 2014-115 Communication (04/01/2014) from the Director of Finance, transmitting for Council information, the Period 8 Financial Report — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of February 28, 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 2013-2014. (Copies of the Period 8 Financial Reports as of February 28, 2014 on file in the County Clerk's Office.) 3. C 2014-116 Communication (04/03/2014) from Councilmember Yukimura, transmitting for Council consideration, an amendment to the Kaua`i County Charter relating to the Cost Control Commission, to clarify that "County" government employees would be disqualified, and allow other government service employees to serve on the Commission. (See Resolution No. 2014-27) 4. C 2014-117 Communication (04/09/2014) from the County Engineer, transmitting for Council consideration, a Resolution for establishing crosswalks, reverse angle parking, bicycle lanes, and intersection modifications on Hardy Street, Lihu`e District, County of Kaua`i, based on planning, engineering, traffic investigation, and implementation of complete street concepts. (See Resolution No. 2014-28) 5. C 2014-118 Communication (04/10/2014) from Council Chair Furfaro and Council Vice Chair Chock, transmitting for Council consideration, a proposed Draft Supplemental Money Bill in the amount of $12,000 from the General Fund — Unassigned Fund Balance to the Office of Economic Development for an 89-Day contract hire that would be housed in the Office of Economic Development to assist with the Ka Aha Hula 0 Halauola Conference and the anticipated marketing and coordinating efforts necessary prior to the Conference. (See Proposed Draft Bill (No. 2544)) 6. C 2014-119 Communication (04/10/2014) from Councilmember Yukimura, providing written disclosure of a possible conflict of interest and recusal, relating to the Comprehensive Economic Development Strategies (CEDS) — Keiki to Career Workforce Readiness appropriation in the Office of Economic Development, Fiscal Year 2014 — 2014 Mayor's Operating Budget submittal, as she is on the Leadership Council for the Keiki to Career — Workforce Readiness initiative. COUNCIL MEETING AGENDA 3 APRIL 23, 2014 7. C 2014-120 Communication (04/14/2014) from Councilmember Yukimura, transmitting for Council consideration, an amendment to Article III, Section 3.10 of the Kaua`i County Charter, as amended, relating to the setting of golf course fees, by delegating to the Executive Branch the authority to set fees for the Wailua Golf Course, a power which, under the present Charter, lies exclusively with the County Council. (See Resolution No. 2014-29) G. COMMUNICATIONS: 1. C 2014-121 Communication (04/01/2014) from the Hawai`i State Association of Counties (HSAC) Treasurer, transmitting for Council approval, the proposed HSAC Fiscal Year 2015 Annual Operating Budget, as amended, pursuant to Section 21 of the HSAC bylaws. 2. C 2014-122 Communication (04/07/2014) from the Acting Director of Personnel Services, transmitting for Council information, the January-March 2014 Department of Personnel Services Quarterly Report, pursuant to Section 19 of Ordinance No. B-2013-753, relating to the Operating Budget of the County of Kaua`i for the Fiscal Year 2013-2014, which includes new hires, transfers, reallocations, promotions, and vacancies for the second quarter. 3. C 2014-123 Communication (04/09/2014) from Mauna Kea Trask, First Deputy County Attorney, transmitting for Council information the Quarterly Report on Settled Claims Against the County of Kaua`i from January 1, 2014 through March 31, 2014. 4. C 2014-124 Communication (04/17/2014) from the County Attorney, requesting authorization to expend funds up to $100,000 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. 13-1-0340 (Fifth Circuit Court)), and related matters. COUNCIL MEETING AGENDA 4 APRIL 23, 2014 5. C 2014-125 Communication (04/17/2014) from the County Attorney, requesting authorization to expend funds up to $15,000 to retain Special Counsel to advise the Council concerning coverage under the County's insurance policy with Everest National Insurance Company, in connection with the lawsuit Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 JMS-RLP (United States District Court), and related matters." H. LEGAL DOCUMENTS: 1. C 2014-126 Communication (03/19/2014) from the Chief of Police, recommending for Council approval, a two-year extension beginning December 1, 2013 to December 1, 2015, of the Memorandum of Understanding for use of the Hanapepe Armory facilities and property located at Building 1, 1-3460 Kaumuali`i Highway, Hanapepe, Kaua`i, Hawai`i, as a mini-substation by the Kaua`i Police Department, and to indemnify the Hawai`i Army National Guard (HIARNG). • Extension of Memorandum of Understanding (MOU) between the County of Kaua`i and the Hawai`i Army National Guard (HIARNG) 2. C 2014-127 Communication (03/31/2014) from the County Engineer, recommending Council approval of a Right-of-Entry Agreement with Association of Apartment Owners of Lae Nani, Inc., for the purpose to allow maintenance of an existing drainage system that crosses the Lae Nani property, situated at Tax Map Key (TMK) No: (4)4-3-02:10. • Right-of-Entry Agreement I. CLAIMS: 1. C 2014-128 Communication (03/31/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Kimo M. Keawe, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 2. C 2014-129 Communication (04/07/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Lisa Loketi, for personal injury, pursuant to Section 23.06, Charter of the County of Kaua`i. 3. C 2014-130 Communication (04/07/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Patrick and Lisa McCluskey, for damages done to their vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. COUNCIL MEETING AGENDA 5 APRIL 23, 2014 4. C 2014-131 Communication (04/14/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Tire Warehouse, for damages to their vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. 5. C 2014-132 Communication (04/14/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Kaua`i Island Utility Cooperative, for damage to their property, pursuant to Section 23.06, Charter of the County of Kaua`i. 6. C 2014-133 Communication (04/15/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Farmers Insurance Hawai`i, Inc., as subrogee for Bruce Stine, 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-PL 2014-03: on PWPR 2014-03 Communication (04/09/2014) from Council Chair Furfaro, requesting the presence of the County Engineer, to provide an update on the scope-of-work and future plans for Pouli Road. [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 2014-21: on 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) [Approved.] COUNCIL MEETING AGENDA 6 APRIL 23, 2014 b. CR-FED 2014-22: on 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) [Approved.] c. CR-FED 2014-23: on 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) [Approved.] K. RESOLUTIONS: 1. 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 (Deferred 03/27/2014) 2. Resolution No. 2014-26 — RESOLUTION ESTABLISHING CROSSWALKS, BUS STOP, SHARED-USE PATHS, ONE-WAY TRAFFIC LANE, AND INTERSECTION MODIFICATIONS ON `EIWA STREET, LIHU`E DISTRICT, COUNTY OF KAUAI 3. Resolution No. 2014-27 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE COST CONTROL COMMISSION COUNCIL MEETING AGENDA 7 APRIL 23, 2014 4. Resolution No. 2014-28 — RESOLUTION ESTABLISHING CROSSWALKS, REVERSE ANGLE PARKING, BICYCLE LANES, AND INTERSECTION MODIFICATIONS ON HARDY STREET, LIHUE DISTRICT, COUNTY OF KAUAI 5. Resolution No. 2014-29 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO SETTING GOLF COURSE FEES L. BILL FOR FIRST READING: 1. Proposed Draft Bill (No. 2544) — 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, Wages and Hourly Pay — Ka Aha Hula 0 Halauola Conference Assistant— $12,000) M. BILL 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 03/12/2014) 2. 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) (See also CR-FED 2014-21; 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.) 3. 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) (See also CR-FED 2014-22; 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 23, 2014 4. 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) (See also CR-FED 2014-23; 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.) 1. ES-718 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-719 Pursuant to Hawaii 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. 13-1-0340 (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. 3. ES-720 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and (8) and Kaua`i County Charter Section 3.07(E), the purpose of this Executive Session is to provide 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. 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 APRIL 23, 2014 4. ES-721 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 purpose of this Executive Session is to provide Council with a briefing and to request authority to hire Special Counsel to advise the Council concerning coverage, under the County's insurance policy with Everest National Insurance Company, in connection with the lawsuit Tim Bynum vs. County of Kaua`i, et al., Civil No. CV12-00523 JMS-RLP (United States 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. O. 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: http://www.kauai.gov/Governor ent/CountyCouncil/PublicHearingNoticesandMin utes/tabid/599/Default.aspx 1. 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 2. 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 3. 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 4. 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 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.