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Home My WebLink About06/10/2014 Council Meeting Agenda • C) r COUNCIL MEETING NOTICE AND AGENDA TUESDAY, JUNE 10, 2014 9:00 A.M. OR SOON THEREAFTERI4 JUN -4 P 4 :09 COUNCIL CHAMBERS HISTORIC COUNTY BUILDING OFFICE OF 4396 RICE STREET, SUITE 201 THE COUNTY CLERK LIHUE, KAUAI, HAWAII 96766 COUNTY ;F I<AUA'; A. MEETING CALLED TO ORDER. 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. May 14, 2014 Council Meeting 2. May 14, 2014 Public Hearing re: Resolution No. 2014-22 3. May 21, 2014 Special Council Meeting 4. May 21, 2014 Public Hearing re: C 2014-134 5. May 28, 2014 Public Hearing re: Resolution No. 2014-27, Resolution No. 2014-29, Draft 1, and Bill No. 2544 F. CONSENT CALENDAR: 1. C 2014-171 Communication (05/20/2014) from Council Chair Furfaro and Councilmember Rapozo, transmitting for Council consideration, a Resolution Proposing A Charter Amendment Relating To Any County Council Vacancy In Office. (See Resolution No. 2014-36) COUNCIL MEETING AGENDA 2 JUNE 10, 2014 2. C 2014-172 Communication (05/23/2014) from the Director of Finance, transmitting for Council information, the Third Quarter Estimate of Revenues and Expenditures. G. COMMUNICATIONS: 1. 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 Kauai, et al., Civil No. CV12-00523 JMS-RLP (United States District Court), and related matters. (Deferred 05/28/2014) 2. C 2014-173 Communication (04/25/2014) from the Director of Parks and Recreation, requesting Council approval to accept a monetary donation in the amount of $75.00, from Susan Sulla for Po`ipu Beach Park. 3. C 2014-174 Communication (05/12/2014) from the Housing Director, requesting Council approval for the following: 1) Acquisition of a residential unit at 3560 Pilialoha Street, Hanapepe, Kaua`i, Hawaii, TMK: (4) 1-8-015-066, for a purchase price of not more than $350,000 under the County's Community Development Block Grant (CDBG) Program based on the fee simple market appraisal; 2) Resale of 3560 Pilialoha Street, Hanapepe, Kauai, Hawai`i, by leasehold for not more than the leasehold market appraisal, which will be obtained through this transaction; and 3) Authorize the County Clerk to sign legal documents related to these transactions. 4. C 2014-175 Communication (05/16/2014) from the Fire Chief, requesting Council approval to accept a donation in the amount of approximately $7,200 from the Kauai Lifeguard Association (KLA) for three (3) Beach Safety Displays valued at approximately $2,400 each, these displays will be used for beachgoers at Brennecke's Beach, Po`ipn Beach Park, and Anini Beach Park. COUNCIL MEETING AGENDA 3 JUNE 10, 2014 5. C 2014-176 Communication (05/23/2014) from the Housing Director, requesting Council approval for a leasehold sale of a residential unit located at 5116 Apelila Street, Kapa`a, Kauai, Hawaii, under the County's Community Development Block Grant (CDBG) Program, TMK: (4) 4-6-036-115, to a participant on the Affordable Housing Waitlist whose household income does not exceed 80% of the Kauai Median Household Income (KMHI), and to authorize the County Clerk to sign legal documents related to this transaction. 6. C 2014-177 Communication (05/27/2014) from the Mayor, requesting agenda time for two (2) members from Smith Dawson & Andrews, Inc., President James Smith and Senior Legislative Associate Mary Cronin, to present a recap of the services and activities they provided to the County during the past year as part of their professional services contract. H. LEGAL DOCUMENTS: 1. C 2014-178 Communication (05/15/2014) from the County Engineer, recommending Council approval of a Right-of-Entry Agreement between the County of Kauai and the State of Hawaii Department of Land and Natural Resources (DLNR), to allow the design consultant to conduct and gather the necessary topographic field survey information for the Kanaele Road Shoulder Reconstruction and Slope Stabilization Project, situated at por. of Kapa`a Rice and Kula Lots, Kawaihau, Kauai, Hawaii, TMK (4) 4-5-015:030 and indemnify the State of Hawaii Department of Land and Natural Resources as stated in the Agreement. • Right-of-Entry Agreement • Indemnification provisions contained in the Right-of-Entry Agreement 2. C 2014-179 Communication (05/28/2014) from the County Engineer, recommending Council approval of a Right-of-Entry Agreement between the County of Kauai and the State of Hawaii Department of Education, for the resurfacing of Mailihuna Road, situated at Kapa`a, Hawaf`i, TMK: 4-6-014-031 and indemnify the State of Hawaii Department of Education as stated in the Agreement. • Right-of-Entry Agreement • Indemnification provisions contained in the Right-of- Entry Agreement COUNCIL MEETING AGENDA 4 JUNE 10, 2014 I. CLAIM: 1. C 2014-180 Communication (05/27/2014) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Cameron Raymond, for damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. J. COMMITTEE REPORTS: 1. ECONOMIC DEVELOPMENT (SUSTAINABILITY / AGRICULTURE / FOOD / ENERGY) & INTERGOVERNMENTAL RELATIONS COMMITTEE: a. CR—EDR 2014-02: on EDR 2014-02 Communication (04/22/2014) from the Director of Economic Development, requesting agenda time to present the feasibility study results for the Kauai Made / Kaua`i Grown Retail Outlet & Food Processing Center. [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 2014-26: on 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 [Approved.] K. RESOLUTIONS: 1. Resolution No. 2014-22 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE CODE OF ETHICS (Deferred 05/28/2014) 2. Resolution No. 2014-27 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE COST CONTROL COMMISSION (Public hearing held 05/28/2014) COUNCIL MEETING AGENDA 5 JUNE 10, 2014 3. Resolution No. 2014-29, Draft 1 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO SETTING GOLF COURSE FEES (Public hearing held 05/28/2014) 4. Resolution No. 2014- 36 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO ANY COUNTY COUNCIL VACANCY IN OFFICE L. BILL FOR SECOND READING: 1. 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) (See also CR-FED 2014-26; 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.) 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.) 1. ES-722 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 purpose of this Executive Session is to provide the Council with a briefing concerning the coverage provided by the County's insurance policy with Everest National Insurance company for attorneys' fees arising in connection with the lawsuit Tim Bynum vs. County of Kauai, 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. (Deferred 05/28/2014) N. ADJOURNMENT. COUNCIL MEETING AGENDA 6 JUNE 10, 2014 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. f*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/PublicHearingNoticesandMinutes/tabid/599/Defaultaspx 1. Bill No. 2546 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUAI COUNTY CODE 1987,AS AMENDED, RELATING TO REAL PROPERTY TAXES 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.