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.