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HomeMy WebLinkAbout 04/08/2015 Notice and Agenda, Council COUNCIL MEETING NOTICE AND AGENDAf F 1' WEDNESDAY, APRIL 8, 2015 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS '15 APR -2 Pl2 :34 HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 ?t=f- - C LIHU`E, KAUAI, HAWAI`196766 THE Cflf '; A. MEETING CALLED TO ORDER. B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. March 11, 2015 Public Hearing re: Bill No. 2577, Bill No. 2578, and Bill No. 2579 2. April 1, 2015 Public Hearing re: Bill No. 2581 E. CONSENT CALENDAR: 1. C 2015-87 Communication (02/27/2015) from the Acting Director of Finance, transmitting for Council information, the Period 5 and 6 Financial Reports — Detailed Budget Reports, Statements of Revenues (Estimated and Actual), Statements of Expenditures and Encumbrances, and Revenue Reports as of December 31, 2014, pursuant to Section 21 of Ordinance No. B-2014-781, relating to the Operating Budget of the County of Kaua`i for the Fiscal Year 2014-2015. (Copies of the Period 5 and 6 Financial Reports as of December 31, 2014 on file in the County Clerk's Office.) (See also CR-BF 2015-12; the Budget & Finance Committee recommended C 2015-87 be received for the record.) 2. C 2015-91 Communication (03/06/2015) from the Acting 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, 2015, pursuant to Section 21 of Ordinance No. B-2014-781, relating to the Operating Budget of the County of Kaua`i, for the Fiscal Year 2014-2015. (Copies of the Period 7 Financial Reports as of January 31, 2015 on file in the County Clerk's Office.) (See also CR-BF 2015-13; the Budget & Finance Committee recommended C 2015-91 be received for the record.) COUNCIL MEETING AGENDA 2 APRIL 8, 2015 3. C 2015-109 Communication (03/12/2015) from the County Engineer, transmitting for Council consideration, a Resolution Eliminating Left Turns From Hardy Street Onto Kuhio Highway, Lihu`e District, County of Kauai, to work in conjunction with the State of Hawai`i Department of Transportation's Lihu`e Mill Bridge and highway widening project to remove unsafe, inefficient traffic movement. (See Resolution No. 2015-36) 4. C 2015-110 Communication (03/18/2015) from Councilmember Chock, 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 2015-2016 Mayor's Operating Budget Submittal, as he is on the Leadership Council for the Keiki.to Career — Workforce Readiness initiative. 5. C 2015-111 Communication (03/18/2015) 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, 2015, pursuant to Section 21 of Ordinance No. B-2014-781, relating to the Operating Budget of the County of Kauai, for the Fiscal Year 2014-2015. (Copies of the Period 8 Financial Reports as of February 28, 2015 on file in the County Clerk's Office.) 6. C 2015-112 Communication (03/19/2015) from the Director of Finance, transmitting for Council information, the Condition of the County Treasury Statement quarterly report as of February 5, 2015. 7. C 2015-113 Communication (04/01/2015) from Council Chair Rapozo, transmitting for Council consideration, a Resolution Opposing House Bill No. 321, As Amended, Relating To Medical Marijuana, And Senate Bill No. 879, As Amended, Relating to Marijuana. (See Resolution No. 2015-37) F. COMMUNICATIONS: 1. C 2015-107 Communication (03/10/2015) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify, and expend an additional allocation from an existing annual grant award from Federal Transit Administration (FTA) Section 5311 funds provided to the County of Kaua`i in the amount of $1,000,000, for operational and capital expenses. (See also CR-BF 2015-14; the Budget & Finance Committee recommended approval.) COUNCIL MEETING AGENDA 3 APRIL 8, 2015 2. C 2015-114 Communication (03/16/2015) from the Director of Finance, requesting Council approval to dispose of the following government records from the Department of Finance — Accounting Division, which have met the seven (7) and ten (10) year retention periods, pursuant to Section 46-43 (c), Hawaii Revised Statutes (HRS): Seven (7) year retention: • Cash Receipts: July 2005 to, and including December 31, 2007 • Payroll checks cancelled: July 2005 to, and including December 31, 2007 • Accounts Payable cancelled checks: July 2005 to, and including December 31, 2007 • Accounts Payable Registers: July 2005 to, and including December 31, 2007 • Inventory Files: July 2005 to, and including December 31, 2007 Ten (10) year retention: • Accounts Payable: July 2003 to, and including December 31, 2007 3. C 2015-115 Communication (03/18/2015) from the Fire Chief, requesting Council approval to apply for, receive, and expend the 2015 State of Hawai`i Department of Transportation's Highway Safety Grant, in the total amount of $8,739.91, to allow the Kauai Fire Department (KFD) to purchase nine (9) Pelican 9430 Remote Area Lighting Systems to assist in responding to traffic collisions when dark roadway conditions are present, and which would be assigned to each fire station to ensure scene safety and would provide firefighters with the lighting necessary to safely mitigate a vehicle accident at night. 4. C 2015-116 Communication (03/18/2015) from the Fire Chief, requesting Council approval to accept a donation of one (1) trailer from the Kaua`i Lifeguard Association (KLA), valued at $14,001.38, for educational purposes in schools, as well as benefit our Junior Lifeguard Program, and will also be utilized by the Prevention Bureau for any special functions in the community that require education on Ocean Safety Awareness. 5. C 2015-117 Communication (03/18/1015) from the Hawaii State Association of Counties (HSAC) Treasurer, transmitting for Council approval, the proposed HSAC Fiscal Year 2015-2016 Annual Operating Budget, pursuant to Section 21 of the Bylaws of the Hawaii State Association of Counties (HSAC). COUNCIL MEETING AGENDA 4 APRIL 8, 2015 G. LEGAL DOCUMENT: 1. C 2015-118 Communication (03/27/2015) from the Director of Economic Development, recommending Council approval of a License Agreement with the Kaua`i Economic Development Board (KEDB), a non-profit Hawai`i corporation, for a portion of property described as the Kauai War Memorial Convention Hall in Lihu`e, Kauai, Hawaii, being a portion of Royal Patent 4480, Land Commission Award 7713, Apana 2, Part 1 to V. Kamamalu, to assist KEDB in leveraging future funding and grant assistance for the development of the Kaua`i Creative Technology Center (CTC), which will be operated as a community gathering place for arts and creative technology. • License Agreement H. CLAIM: 1. C 2015-119 Communication (03/23/2015) from the Deputy County Clerk, transmitting a claim filed against the County of Kaua`i by Pierre A. Plotkins, for reimbursement of expenses and damages to his vehicle, pursuant to Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORTS: 1. HOUSING & TRANSPORTATION COMMITTEE: a. CR-HT 2015-03: on HT 2015-01 Communication (03/09/2015) from the Housing Director, requesting agenda time to brief the Committee on the process established by the Housing Agency to fast- track eligible projects on Kaua`i, pursuant to Hawai`i Revised Statutes (HRS) Chapter 201H-38. [Received for the Record.] 2. BUDGET & FINANCE COMMITTEE: a. CR-BF 2015-12: on C 2015-87 Communication (02/27/2015) from the Acting Director of Finance, transmitting for Council information, the Period 5 and 6 Financial Reports — Detailed Budget Reports, Statements of Revenues (Estimated and Actual), Statements of Expenditures and Encumbrances, and Revenue Reports as of December 31, 2014, pursuant to Section 21 of Ordinance No. B-2014-781, relating to the Operating Budget of the County of Kauai for the Fiscal Year 2014-2015. (Copies of the Period 5 and 6 Financial Reports as of December 31, 2014 on file in the County Clerk's Office.) [Received for the Record.] COUNCIL MEETING AGENDA 5 APRIL 8, 2015 b. CR-BF 2015-13: on C 2015-91 Communication (03/06/2015) from the Acting 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, 2015, pursuant to Section 21 of Ordinance No. B-2014-781, relating to the Operating Budget of the County of Kaua`i, for the Fiscal Year 2014-2015. (Copies of the Period 7 Financial Reports as of January 31, 2015 on file in the County Clerk's Office.) [Received for the Record.] c. CR-BF 2015-14: on C 2015-107 Communication (03/10/2015) from the Executive on Transportation, requesting Council approval to apply for, receive, indemnify, and expend an additional allocation from an existing annual grant award from Federal Transit Administration (FTA) Section 5311 funds provided to the County of Kaua`i in the amount of $1,000,000, for operational and capital expenses. [Approved.] d. CR-BF 2015-15: on Bill No. 2581 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2014- 781, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2014 THROUGH JUNE 30, 2015, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Office of the County Auditor, Consultant Services - $225,000) [Approved.] J. RESOLUTIONS: 1. Resolution No. 2015-27 — RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2015 ACTION PLAN (HOME INVESTMENT PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT (PUBLIC LAW 101-625), AS AMENDED (Deferred March 25, 2015) 2. Resolution No. 2015-28 — RESOLUTION AUTHORIZING THE FILING OF THE KAUAI COUNTY 2015 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 March 25, 2015) COUNCIL MEETING AGENDA 6 APRIL 8, 2015 3. Resolution No. 2015-32 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE FIRE COMMISSION (Mari L. Yokoi) (Deferred pending interview March 25, 2015) 4. Resolution No. 2015-35 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE POLICE COMMISSION (Savita Agarwal) (Deferred pending interview March 25, 2015) 5. Resolution No. 2015-36 — RESOLUTION ELIMINATING LEFT TURNS FROM HARDY STREET ONTO KUHIO HIGHWAY, LIHU`E DISTRICT, COUNTY OF KAUAI 6. Resolution No. 2015-37 — RESOLUTION OPPOSING HOUSE BILL NO. 321, AS AMENDED, RELATING TO MEDICAL MARIJUANA, AND SENATE BILL NO. 879, AS AMENDED, RELATING TO MARIJUANA K. BILL FOR SECOND READING: 1. Bill No. 2581 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2014-781, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2014 THROUGH JUNE 30, 2015, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Office of the County Auditor, Consultant Services - $225,000) (See also CR-BF 2015-15; the Budget & Finance Committee recommended approval on second and final reading.) L. 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-784 Pursuant to Hawai`i Revised Statutes Sections 92-4, 92-5(a)(4), and Kauai 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 status of claims filed against the County of Kauai. 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 March 25, 2015) COUNCIL MEETING AGENDA 7 APRIL 8, 2015 2. ES-786 Pursuant to Hawaii Revised Statutes 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 to provide information regarding Carl A. Ragasa vs. County of Kaua`i, et al. 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-787 Pursuant to Hawaii Revised Statutes 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 Association of Apartment Owners of Kulana vs. Travelers Casualty and Surety Company of America; County of Kaua`i (Civil No. 12-0027) and related Cross-claims and Counterclaims, as well as a request for approval of a proposed tax compromise for the Association of Apartment Owners of Kulana Condominium. 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/PublicHearingNoticesandMinutes/tabid/599/Default.aspx 1. Bill No. 2580 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 17A, KAUAI COUNTY CODE 1987,AS AMENDED, RELATING TO BUS FARES 0. 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. *TO VIEW MEETINGS, MEETING ARCHIVES, OR TO DOWNLOAD/ACCESS AGENDA ATTACHMENTS, PLEASE VISIT: WWW.KAUAI.GOV/WEBCASTMEETINGS.