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HomeMy WebLinkAbout 08/19/2015 Notice and Agenda, Council COUNCIL MEETING NOTICE AND AGENDA WEDNESDAY, AUGUST 19, 2015 8:30 A.M. OR SOON THEREAFTER R F.C R/F COUNCIL CHAMBERS HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 15 AUG 13 P 3 :07 LIHU`E, KAUA`I, HAWAI`I 96766 OFFICE OF A. MEETING CALLED TO ORDER. THE COi,iNTY ri_ER ( COUNTY Or t;,,J;t't B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meeting of the Council: 1. July 15, 2015 Public Hearing re: Bill No. 2590 E. INTERVIEW: 1. PLANNING COMMISSION: • Roy K. Ho (Labor) — Term ending 12/31/2017 F. CONSENT CALENDAR: 1. C 2015-217 Communication (08/03/2015) from Councilmember Kuali`i, providing written disclosure of a possible conflict of interest and recusal, relating to the Fiscal Year 2014 Edward J. Byrne Memorial Justice Assistance Grant (JAG) to fund the Sex Assault Prosecuting Unit for the Office of the Prosecuting Attorney, due to his employment with the YWCA of Kaua`i. 2. C 2015-218 Communication (08/03/2015) from Councilmember Yukimura, providing written disclosure of a possible conflict of interest and recusal, relating to C 2015-212, a request for approval of the license agreement between the County of Kaua`i and the Boys & Girls Club of Hawai`i, for three (3) portables and a portion of the grounds immediately surrounding the portables located at the Kaua`i Memorial Convention Hall in Lihu`e, as she is on the Kaua`i Advisory Board for the Boys & Girls Club of Hawai`i. COUNCIL MEETING AGENDA 2 AUGUST 19, 2015 3. C 2015-219 Communication (08/03/2015) from the Mayor, transmitting for Council consideration and confirmation, Mayoral appointee Roy K. Ho to the Planning Commission (Labor) for the County of Kaua`i — Term ending 12/31/2017. (See Resolution No. 2015-56) 4. C 2015-220 Communication (08/05/2015) from the Director of Finance, transmitting for Council consideration, a Proposed Draft Bill to amend Ordinance No. B-2015-796, as amended, relating to the Operating Budget of the County of Kaua`i, State of Hawai`i, for the Fiscal Year July 1, 2015 to June 30, 2016, to address the transfer as recommended by the Vacancy Review Committee, of the Abandoned/Derelict Vehicle Coordinator position from the Department of Public Works, Solid Waste Division (Solid Waste Fund) to the Kaua`i Police Department (General Fund), inclusive of salary, wages, associated benefits, and services related to vehicle towing. (Kaua`i Police Department, Abandoned/Derelict Vehicle Coordinator — $140,122.00) (See Proposed Draft Bill (No. 2596)) 5. C 2015-221 Communication (08/11/2015) from Councilmember Kuali`i, transmitting for Council consideration, a Resolution Supporting Economic Justice For Hawai`i's Working Families: Living Wage, Paid Sick Leave, Paid Family And Medical Leave, And Right To Organize. (See Resolution No. 2015-57) G. COMMUNICATIONS: 1. C 2015-222 Communication (07/20/2015) from the Executive on Aging, requesting Council approval, to receive, expend, and indemnify the State Executive Office on Aging for State Kupuna Care Funds for the fiscal biennium 2015-2017, in the amount of $1,016,412 ($508,206 per State fiscal year), to be used for the following Kupuna Care services: • Adult Day Care: $105,430; • Case Management: $110,000; • Home Delivered Meals: $247,540; • Transportation: $251,868; • Homemaker: $104,982; • Personal Care: $115,280; • Area Agency on Aging (AAA) Administration: $20,327; and • Kupuna Care Administration (KCA): $60,985. COUNCIL MEETING AGENDA 3 AUGUST 19, 2015 2. C 2015-223 Communication (07/30/2015) from the Prosecuting Attorney, requesting Council approval to receive and expend Federal funds in the amount of $163,000, and approval to indemnify the State of Hawaii, Department of the Attorney General, for the Sex Assault Prosecution Unit, for the period of January 1, 2016 through December 31, 2016, to create a Sex Assault Prosecution Unit, which will consist of a 0.90 Full Time Equivalent (FTE) Special Prosecuting Attorney and 1.00 FTE Legal Clerk, as well as training, an increase in the contract with the YWCA Sexual Assault Treatment Program, supplies, and equipment. 3. C 2015-224 Communication (07/31/2015) from the Executive on Transportation, requesting Council approval to receive, indemnify, and expend the annual apportionment of Federal Transit Administration (FTA) Section 5339 grant funds, in the amount of $415,833, for the following capital purchases: to fund the cost of buses, transit facility repair and renovation, and maintenance shop equipment. 4. C 2015-225 Communication (07/31/2015) from Dr. Dileep G. Bal, Kaua`i District Health Officer, State of Hawaii, Department of Health, requesting agenda time to provide a briefing on Tropic Care Kaua`i 2016. 5. C 2015-226 Communication (08/03/2015) from the Prosecuting Attorney, requesting Council approval to receive and expend Federal funds in the amount of $95,535, and approval to indemnify the State of Hawaii, Department of the Attorney General, for Ke `Ahi Pio`ole, also known as the Cold Case Unit, for the period of January 1, 2016 to December 31, 2016, to continue the work involved in solving the island's cold cases. The funding will be utilized for consultants, overtime for Kaua`i Police Department Detectives and the Office of the Prosecuting Attorney's Special Investigators, training, travel for interviews, DNA submission, digital photographs and/or transcripts, and office supplies. 6. C 2015-227 Communication (08/11/2015) from Councilmember Kuali`i, requesting agenda time to discuss and approve for inclusion in the 2016 County of Kauai and Hawaii State Association of Counties (HSAC) Legislative Packages, a proposed amendment to Section 387-2, Hawaii Revised Statutes (HRS), that would increase Hawai`i's statewide minimum wage to $15.00, effective January 1, 2019. COUNCIL MEETING AGENDA 4 AUGUST 19, 2015 7. C 2015-228 Communication (08/11/2015) from Councilmember Kuali`i, requesting agenda time to discuss and approve for inclusion in the 2016 County of Kaua`i and Hawai`i State Association of Counties (HSAC) Legislative Packages, a proposed new Chapter to the Hawaii Revised Statutes (HRS) entitled "Paid Sick Leave," which would require many employers to provide a minimum amount of paid sick leave to employees to care for themselves or a family member who is ill, needs medical care, or is the victim of domestic violence, sexual assault, or stalking. H. CLAIMS: 1. C 2015-229 Communication (08/03/2015) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Theresa Caroline Casil, for personal injury, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2015-230 Communication (08/07/2015) from the County Clerk, transmitting a claim filed against the County of Kauai by William J. Steinohrt, for damage to his vehicle, pursuant to Section 23.06, Charter of the County of Kaua`i. I. COMMITTEE REPORTS: 1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2015-11: on PWPR 2015-03 Communication (07/20/2015) from Committee Chair Kagawa, requesting the presence of the County Engineer, to provide a briefing on the Hardy Street Improvements (status of project construction and completion), including an update on the impact on traffic surrounding Elsie H. Wilcox Elementary School (during drop-off and afternoon pick-up times). [Received for the Record.] b. CR-PWPR 2015-12: on PWPR 2015-04 Communication (08/03/2015) from Committee Chair Kagawa, requesting the presence of the County Engineer, to provide an update on concerns related to the operations at the Kekaha Landfill. [Received for the Record.] COUNCIL MEETING AGENDA 5 AUGUST 19, 2015 2. BUDGET & FINANCE COMMITTEE: a. CR-BF 2015-22: on BF 2015-03 Communication (07/17/2015) from Councilmember Hooser, requesting the presence of Department of Water personnel, to provide a briefing on their Capital Improvement Projects, to include the following: • Name and description of each project, including the geographic area to be served by the project. • Whether or not the project is included in the County of Kaua`i's bond issuance. • Timetable for project. • The estimated cost of the project, including funding source (bond issuance, etc.), and the amounts that have been expended/encumbered. [Received for the Record.] 3. COMMITTEE OF THE WHOLE: a. CR-COW 2015-10: on COW 2015-03 Communication (07/09/2015) from Council Chair Rapozo, requesting the presence of the Managing Director and the Office of the County Auditor, to discuss the Audit of Fuel Costs, Consumption, and Management (Report No. 12-01) prepared by the Office of the County Auditor in April 2012, and to respond to the various findings and recommendations cited in the aforementioned audit. [Received for the Record.] b. CR-COW 2015-11: on COW 2015-04 Communication (08/06/2015) from Council Chair Rapozo, requesting agenda time to discuss the process and details that would be included in a comprehensive noise ordinance. [Received for the Record.] J. RESOLUTIONS: 1. Resolution No. 2015-56 — RESOLUTION CONFIRMING MAYORAL APPOINTMENT TO THE PLANNING COMMISSION (Roy K. Ho—Labor) COUNCIL MEETING AGENDA 6 AUGUST 19, 2015 2. Resolution No. 2015-57 — RESOLUTION SUPPORTING ECONOMIC JUSTICE FOR HAWAII'S WORKING FAMILIES: LIVING WAGE, PAID SICK LEAVE, PAID FAMILY AND MEDICAL LEAVE, AND RIGHT TO ORGANIZE K. BILL FOR FIRST READING: 1. Proposed Draft Bill (No. 2596) — 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 SOLID WASTE FUND AND GENERAL FUND (Kaua`i Police Department, Abandoned/Derelict Vehicle Coordinator — $140,122.00) 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.) 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 a public hearing on the following. After the public hearing, 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. Resolution No. 2015-52 — RESOLUTION PROPOSING A CHARTER AMENDMENT RELATING TO TERM LIMITS FOR COUNCILMEMBERS 2. Bill No. 2459 — A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUAI COUNTY CODE 1987, RELATING TO THE COMPREHENSIVE ZONING ORDINANCE (Special Standards For Issuance Of Farm Worker Housing Use Permits) 3. Bill No. 2591 — 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 AND SEWER FUND (Kaua'i Lagoons Resort Wastewater Treatment Capacity Assessment Refund- $758,550) COUNCIL MEETING AGENDA 7 AUGUST 19, 2015 4. Bill No. 2592 — A BILL FOR AN ORDINANCE TO AMEND SECTION 2, ORDINANCE NO. 891 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF KAUAI FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS AND REFUNDING CERTAIN BONDS OF THE COUNTY; FIXING OR AUTHORIZING THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THE SALE OF SUCH BONDS TO THE PUBLIC 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.KAUAI.GOV/WEBCASTMEETINGS.