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HomeMy WebLinkAbout 05/19/2015 Notice and Agenda, Council COUNCIL MEETING NOTICE AND AGENDA TUESDAY, MAY 19, 2015 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS , .- HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766 '15 MAY 13 P 3 :36 A. MEETING CALLED TO ORDER. - FFICE OF THE CLERK CC'` Y i' ALIN B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. April 8, 2015 Council Meeting 2. April 29, 2015 Special Council Meeting E. CONSENT CALENDAR: * THIS MATTER HAS REMAINED INACTIVE ON THE COMMITTEE'S DEFERRED AGENDA LOG AND HAS BEEN DEEMED OBSOLETE. IT WILL BE FORMALLY RECEIVED FOR THE RECORD AND FILED VIA COUNCIL APPROVAL OF THE CORRESPONDING COMMITTEE REPORT. NO ADDITIONAL ACTION WILL BE TAKEN ON THIS ITEM. 1. C 2001-220 (*) Communication (05/16/2001) from Cesar C. Portugal, County Engineer, requesting Council approval to dispose the remnant roadway of Papaa Road, TMK 4-9-5:6, 10, 13; 4-9-06:5,7,8,9, 11; 4-9-07:1,7,8, since the remnant roadway services only the Mandalay properties. (See also CR-PWPR 2015-09; the Public Works / Parks & Recreation Committee recommended C 2001-220 be received for the record.) 2. C 2015-148 Communication (04/08/2015) from the County Attorney, transmitting for Council information, the Quarterly Report on Settled Claims against the County of Kauai from January 1, 2015 through March 31, 2015. COUNCIL MEETING AGENDA 2 MAY 19, 2015 3. C 2015-149 Communication (04/29/2015) from Councilmember Kuali`i, providing written disclosure of a possible conflict of interest and recusal, regarding the grant application by the Office of the Prosecuting Attorney for the Kauai Victim Witness Assistance Program 16-VW-03 Year 1, due to his employment with the YWCA of Kauai. 4. C 2015-150 Communication (05/08/2015) from the Mayor, transmitting for Council consideration, pursuant to Sections 89-10(b) and 89C-5, Hawaii Revised Statutes (HRS), the cost items for the Hawaii Government Employees Association (HGEA) Bargaining Units 2, 3, and 4 between July 1, 2015 and June 30, 2017, pursuant to Section 19.13(B) of the Charter of the County of Kauai, as well as Unit 14 costs which are based on the Unit 3 contract pending Unit 14 negotiations; the negotiated wages are in accordance with the procedures contained in Chapter 89, HRS. (See Proposed Draft Bill (No. 2588)) F. COMMUNICATIONS: 1. C 2015-126 Communication (04/10/2015) from the County Attorney, requesting authorization to expend additional funds up to $135,525 for Special Counsel's final billing for services rendered for Defendant County of Kauai in Tim Bynum vs. County of Kauai, et al., Civil No. 12-00523 RLP (U.S. District Court), and related matters. (Deferred May 6, 2015) 2. C 2015-127 Communication (04/10/2015) from the County Attorney, requesting authorization to expend additional funds up to $130,189 for Special Counsel's final billing for services rendered for Defendant Shaylene Iseri-Carvalho in Tim Bynum vs. County of Kauai, et al., Civil No. 12-00523 RLP (U.S. District Court), and related matters. (Deferred May 6, 2015) 3. C 2015-128 Communication (04/10/2015) from the County Attorney, requesting authorization to expend additional funds up to $56,480 for Special Counsel's final billing for services rendered for Defendant Sheilah Miyake in Tim Bynum vs. County of Kauai, et al., Civil No. 12-00523 RLP (U.S. District Court), and related matters. (Deferred May 6, 2015) 4. C 2015-151 Communication (04/24/2015) from the Executive on Transportation, requesting Council approval to receive, indemnify, and expend a Federal Transit Administration (FTA) Section 5311 grant, in the amount of$1,040,000, for operational expenses for the County Transportation Agency, to fund the 50% grant portion of wages, hourly pay, and fringe benefit line items for bus drivers. COUNCIL MEETING AGENDA 3 MAY 19, 2015 5. C 2015-152 Communication (04/28/2015) from the Prosecuting Attorney, requesting Council approval for the following: 1. Apply for, receive, and expend state funds, in the amount of $37,214, to fund one (1) Victim / Witness Trainee for the period of July 1, 2015 to September 1, 2015, one (1) Victim / Witness Counselor I for the period of September 2, 2015 to September 15, 2015, and one (1) Victim /Witness Trainee for the period of January 1, 2016 to June 30, 2016, and fringe benefits, for the Kaua`i Victim Witness Assistance Program 16-VW-03 Year 1, for the term July 1, 2015 through June 30, 2016; and 2. Indemnify the State of Hawaii Department of the Attorney General. 6. C 2015-153 Communication (04/28/2015) from the Director of Economic Development, requesting Council approval to apply for, receive, and expend an estimated amount of $10,000 from the State of Hawaii Department of Labor and Industrial Relations (DLIR), to assist the County of Kaua`i in working with the State of Hawaii Department of Education (DOE) — Future Farmers of America (FFA) programs at Kaua`i High School and Waimea High School in providing summer internship programs for students to work on Kauai farms, ranches, and agricultural-related businesses. 7. C 2015-154 Communication (04/28/2015) from the Director of Economic Development, requesting Council approval to apply for, receive, and expend $20,000 for Calendar Year 2015, from the Hawaii Tourism Authority (HTA), for the 2015 County of Kauai Harbors Greeting Program. 8. C 2015-155 Communication (05/07/2015) from the Mayor, submitting his supplemental budget communication for Fiscal Year 2015-2016 and proposed amendments to the budget bills, pursuant to Section 19.02A of the Kaua`i County Charter. 9. C 2015-156 Communication (05/01/2015) from the Director of Economic Development, requesting Council approval to apply for, receive, and expend an estimated amount of $25,000 from the State of Hawaii Department of Business, Economic Development & Tourism (DBEDT), to study the potential for load shifting at County of Kauai water and wastewater facilities. COUNCIL MEETING AGENDA 4 MAY 19, 2015 10.C 2015-157 Communication (05/07/2015) from Councilmember Yukimura, requesting Council reconsideration of the Minutes of the February 6, 2015 Facilitated Shared Priorities Workshop. • February 6, 2015 Facilitated Shared Priorities Workshop (Minutes of the February 6, 2015 Facilitated Shared Priorities Workshop on file in the County Clerk's Office.) 11.C 2015-158 Communication (05/08/2015) from the President of the Hawai`i State Association of Counties (HSAC), transmitting for Council approval, the slate of officers for the HSAC Executive Committee and Board of Director nominations for the National Association of Counties (NACo) and the Western Interstate Region (WIR) for the 2015-2016 term, pursuant to Section 5, Section 5A, and Section 5c of the Bylaws of the Hawaii State Association of Counties, Inc. G. MINUTES FOR RECONSIDERATION: 1. February 6, 2015 Facilitated Shared Priorities Workshop (Minutes of the February 6, 2015 Facilitated Shared Priorities Workshop on file in the County Clerk's Office.) (Approved May 6', 2015) H. LEGAL DOCUMENT: 1. C 2015-159 Communication (05/05/2015) from the Housing Director, recommending Council approval of an agreement granting Community Planning and Engineering, Inc., access to the Koae Parcel, formerly referred to as Kukui`ula Workforce Housing Parcel, to undertake predevelopment site work on the premises situated at Tax Map Key (TMK) No. (4) 2-6-004:019. • Right-of-Entry Agreement I. COMMITTEE REPORT: 1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2015-09: on C 2001-220 Communication (05/16/2001) from Cesar C. Portugal, County Engineer, requesting Council approval to dispose the remnant roadway of Papaa Road, TMK 4-9-5:6, 10, 13; 4-9-06:5,7,8,9, 11; 4-9-07:1,7,8, since the remnant roadway services only the Mandalay properties. [Received for the Record.] COUNCIL MEETING AGENDA 5 MAY 19, 2015 J. BILL FOR FIRST READING: 1. Proposed Draft Bill (No. 2588) — A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING UNITS 2, 3, AND 4 BETWEEN JULY 1, 2015 AND JUNE 30, 2017 K. 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-794 Pursuant to Hawaii 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 consult with the Council's legal counsel on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and/or liabilities regarding the release of Executive Session Minutes of ES-722 from the June 25, 2014 meeting as it relates to 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. 12-00523 RLP (U.S. District Court), and related matters. 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. (Deferred May 6, 2015) 2. ES-795 Pursuant to Hawaii Revised Statutes (HRS) 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 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. 3. ES-796 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4) and (8), and Kauai County Charter Section 3.07(E), the purpose of this Executive Session is to provide the Council with a briefing and request settlement authority as it relates to Defendant County of Kaua`i in Tim Bynum vs. County of Kauai, et al., Civil No. CV12-00523 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 6 MAY 19, 2015 4. ES-797 Pursuant to Hawaii 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 and request settlement authority as it relates to Defendant Shaylene Iseri-Carvalho in Tim Bynum vs. County of Kauai, et al., Civil No. CV12-00523 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. 5. ES-798 Pursuant to Hawaii 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 and request settlement authority as it relates to Defendant Sheilah Miyake in Tim Bynum vs. County of Kauai, et al., Civil No. CV12-00523 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. 6. ES-799 Pursuant to Hawaii 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 and request authority for settlement as it relates to Defendant Sheilah Miyake in Tim Bynum vs. County of Kauai, et al., Civil No. CV12-00523 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. 7. ES-800 Pursuant to Hawaii 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 and request authority for settlement as it relates to Defendant Shaylene Iseri in Tim Bynum vs. County of Kaua`i et al., Civil No. CV12-00523 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. L. ADJOURNMENT. COUNCIL MEETING AGENDA 7 MAY 19, 2015 M. 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.gou/Government/CountyCouncil/PublicHearingNoticesandMinutes/tabid/599/De/ault.aspx 1. Bill No. 2587 — A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUAI COUNTY CODE 1987,AS AMENDED, RELATING TO HOMESTAYS N. 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.