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Home My WebLink About 08/05/2015 Notice and Agenda, Council COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, AUGUST 5, 2015 8:45 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 LIHU`E, KAUAI, HAWAII 96766 F r .._.. . A. MEETING CALLED TO ORDER. 15 JUL 30 P12 :43 B. ROLL CALL. C. APPROVAL OF AGENDA. r D. MINUTES of the following meeting of the Council: 1. July 1, 2015 Public Hearing re: Bill No. 2589 E. CONSENT CALENDAR: 1. C 2015-200 Communication (07/09/2015) from the Director of Finance, transmitting for Council consideration, proposed amendments to Ordinance No. B-2015-796, as amended, relating to the Fiscal Year 2015-2016 Operating Budget, by Revising the Amounts Estimated in the General Fund, Highway Fund, Liquor Fund, Solid Waste Fund, Sewer Fund, and Golf Fund, to fund collective bargaining increases and related payroll taxes and benefits for Units 2, 3, and 4. (Units 2, 3, and 4 Collective Bargaining Increases — $912,369) (See Proposed Draft Bill (No. 2593)) 2. C 2015-201 Communication (07/14/2015) from the Director of Finance, transmitting for Council information, the Fourth Quarter Statement of Equipment Purchases for Fiscal Year 2014-2015, pursuant to Section 17 of Ordinance No. B-2014-781, the Operating Budget of the County of Kaua`i for Fiscal Year 2014-2015. 3. C 2015-202 Communication (07/15/2015) from Councilmember Hooser, transmitting for Council consideration, a Resolution Proposing A Charter Amendment Relating To The Public Access, Open Space, Natural Resources Preservation Fund. (See Resolution No. 2015-53) COUNCIL MEETING AGENDA 2 AUGUST 5, 2015 4. C 2015-203 Communication (07/17/2015) from Councilmember Kuali`i, providing written disclosure of a possible conflict of interest and recusal, relating to the Kaua`i Victim of Crime Act Expansion Project 15-VA-3 Grant application by the Office of the Prosecuting Attorney, due to his employment with the YWCA of Kauai. 5. C 2015-204 Communication (07/17/2015) from Council Chair Rapozo, transmitting for Council consideration and confirmation, Council appointee Jett James Jasper to the Public Access, Open Space, Natural Resources Preservation Fund Commission (At-Large) for the County of Kauai — Term ending 12/31/2017. (See Resolution No. 2015-54) 6. C 2015-205 Communication (07/20/2015) from the Director of Human Resources, transmitting for Council information, the April-June 2015 Quarterly Report, pursuant to Section 19 of Ordinance No. B-2014-781, relating to the Operating Budget of the County of Kauai for the Fiscal Year 2014-2015, which includes new hires, transfers, reallocations, promotions, and vacancies for the fourth quarter. 7. C 2015-206 Communication (07/24/2015) from the Director of Finance, transmitting for Council consideration, a Proposed Draft Bill to amend Ordinance No. B-2015-796, as amended, relating to Section 19 of the Operating Budget Provisos of the County of Kauai, State of Hawaii, for the Fiscal Year July 1, 2015 to June 30, 2016, to allow the Administration to provide the Council with information related to authorized positions in the Budget Ordinance while at the same time, ensuring that the privacy rights of applicants and employees of the County of Kauai are maintained. (See Proposed Draft Bill (No. 2594)) 8. C 2015-207 Communication (07/24/2015) from Council Chair Rapozo, transmitting for Council consideration, a Proposed Draft Bill to amend Ordinance No. B-2015-796, as amended, relating to the Operating Budget of the County of Kauai, State of Hawai`i, for the Fiscal Year July 1, 2015 to June 30, 2016, to establish a new Legal Analyst position in the Kauai Police Department, inclusive of salaries and related benefits. (Kaua`d Police Department, Legal Analyst — $124,165) (See Proposed Draft Bill (No. 2595)) COUNCIL MEETING AGENDA 3 AUGUST 5, 2015 9. C 2015-208 Communication (07/29/2015) from Council Chair Rapozo, transmitting for Council consideration, a Resolution authorizing a performance audit of the Kaua`i Humane Society, pursuant to Sections 3.12(B) and 32.02(A)(2), Kaua`i County Charter. (See Resolution No. 2015-55) F. COMMUNICATIONS: 1. C 2015-209 Communication (07/13/2015) from the Director of Finance, requesting Council approval, to accept and expend the appropriations provided to the County of Kauai in the General Appropriations Act of 2015 — Act 119, SLH 2015 in the amount of$7,100,000 from the State of Hawaii for the following: • Capital Projects —Appropriation Warrant No. 223 o Motorola 800 MHZ Upgrade — Phase III — $2,100,000 o Sheltered Bus Stops — Construction — $1,500,000 o Moloa`a Well & Post Harvest Facility— $3,050,000 (Pass through funding from the State to the Moloa`a Irrigation Cooperative) o Kaua`i Veteran's Cemetery Renovation — $400,000; and • General Funds —Appropriation Warrant No. 60 o Office of the Prosecuting Attorney Career Criminal Prosecution Unit & Victim Witness Assistance Program — $50,000 2. C 2015-210 Communication (07/15/2015) from the Prosecuting Attorney, requesting Council approval to apply for, receive, and expend Federal funds in the amount of $520,390, and approval to indemnify the State of Hawai`i, Department of the Attorney General, for the Kauai Victim of Crime Act Expansion Project 15-VA-3 for the period of September 1, 2015 through July 31, 2018. 3. C 2015-211 Communication (07/15/2015) from the Director of Finance, transmitting for Council information, the Period 12 Financial Reports — Detailed Budget Report, Statement of Revenues (Estimated and Actual), Statement of Expenditures and Encumbrances, and Revenue Report as of June 30, 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 12 Financial Reports as of June 30, 2015 on file in the County Clerk's Office.) COUNCIL MEETING AGENDA 4 AUGUST 5, 2015 4. C 2015-216 Communication (07/30/2015) from Council Chair Rapozo, requesting the presence of Sina Pruder, P.E., Engineering Program Manager, State of Hawaii, Department of Health, to provide a briefing on Act 120 (2015) relating to cesspools, its impact on Kaua`i residents, and the availability and qualification criteria for the Cesspool Upgrade, Conversion, or Connection Income Tax Credit. G. LEGAL DOCUMENT: 1. C 2015-212 Communication (07/23/2015) from the Director of Parks & Recreation, recommending Council approval of a License Agreement with Boys & Girls Club of Hawaii a non-profit Hawaii corporation, for three (3) portables and a portion of the grounds immediately surrounding the portables located at the Kaua`i War Memorial Convention Hall in Lihu`e Kauai, Hawaii, being a portion of Royal Patent 4480, Land Commission Award 7713, Apana, Part I to V. Kamamalu, to be used for youth-related activities in the Lihu`e area. • License Agreement H. CLAIMS: 1. C 2015-213 Communication (07/09/2015) from the County Clerk, transmitting a claim filed against the County of Kauai by Benjie Bernabe, for personal injury and medical expenses, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2015-214 Communication (07/09/2015) from the County Clerk, transmitting a claim filed against the County of Kauai by Robert J. Cook and Veronica Y. Cook, for damage to their vehicle, pursuant to Section 23.06, Charter of the County of Kauai. 3. C 2015-215 Communication (07/14/2015) from the County Clerk, transmitting a claim filed against the County of Kauai by Crystal Rita, for damage to her vehicle, pursuant tq Section 23.06, Charter of the County of Kauai. I. COMMITTEE REPORTS: 1. PLANNING COMMITTEE: a. CR-PL 2015-15: on PL 2015-02 Communication (06/01/2015) from the Director of Planning, requesting agenda time to brief the Committee on the status of the General Plan Update. [Received for the Record.] COUNCIL MEETING AGENDA 5 AUGUST 5, 2015 b. CR-PL 2015-16: on PL 2015-03 Communication (06/24/2015) from Committee Chair Chock, requesting the presence of the Director of Planning, the Deputy Director of Planning, and the Director of Economic Development, to provide a briefing and an update on proposed agri-tourism legislation that the Administration is developing. [Received for the Record.] 2. COMMITTEE OF THE WHOLE: a. CR-COW 2015-09: on Bill No. 2590 A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, BY REPEALING ARTICLE 25, RELATING TO BARKING DOGS [Approved as Amended.] J. RESOLUTIONS: 1. Resolution No. 2015-53 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND 2. Resolution No. 2015-54 — RESOLUTION CONFIRMING COUNCIL APPOINTMENT TO THE PUBLIC ACCESS, OPEN SPACE, NATURAL RESOURCES PRESERVATION FUND COMMISSION (Jett James Jasper — At-Large) 3. Resolution No. 2015-55 — RESOLUTION AUTHORIZING A PERFORMANCE AUDIT OF THE KAUAI HUMANE SOCIETY, PURSUANT TO SECTIONS 3.12(B) AND 32.02(A)(2), KAUAI COUNTY CHARTER K. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2593) — A BILL FOR AN ORDINANCE TO AMEND ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND, HIGHWAY FUND, LIQUOR FUND, SOLID WASTE FUND, SEWER FUND, AND GOLF FUND (Units 2, 3, and 4 Collective Bargaining Increases — $912,369) COUNCIL MEETING AGENDA 6 AUGUST 5, 2015 2. Proposed Draft Bill (No. 2594) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING SECTION 19 OF THE OPERATING BUDGET PROVISOS 3. Proposed Draft Bill (No. 2595) — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-796, AS AMENDED, RELATING TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2015 THROUGH JUNE 30, 2016, BY REVISING THE AMOUNTS ESTIMATED IN THE GENERAL FUND (Kauai Police Department, Legal Analyst— $124,165) L. BILL FOR SECOND READING: 1. Bill No. 2590, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 22, KAUAI COUNTY CODE 1987, AS AMENDED, BY REPEALING ARTICLE 25, RELATING TO BARKING DOGS (See CR-COW 2015-09; the Committee of the Whole recommended approval as amended to Bill No. 2590, Draft 1 on July 22, 2015.) 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.) N. ADJOURNMENT. 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 OR MEETING ARCHIVES, PLEASE VISIT: WWW.KAUALGOV/WEBCASTMEETINGS.