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HomeMy WebLinkAbout 12/16/2015 Notice and Agenda, Council (Includes Interview) COUNCIL MEETING NOTICE AND AGEND�rCF.IVED WEDNESDAY, DECEMBER 16, 2015 8:30 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS 15 DEC 10 P 1 :12 HISTORIC COUNTY BUILDING 4396 RICE STREET, SUITE 201 OFF ICE OF LIHU`E, KAUAI, HAWAI`196766 THE COUNTY CLERX COUNTY OF HAUA'I A. MEETING CALLED TO ORDER. B. ROLL CALL. C. APPROVAL OF AGENDA. D. MINUTES of the following meetings of the Council: 1. November 18, 2015 Council Meeting 2. December 2, 2015 Public Hearing re: Bill No. 2602, Bill No. 2603, and Bill No. 2605 E. INTERVIEW: 1. POLICE COMMISSION: • Kevin T. Mince — Term ending 12/31/2018 F. CONSENT CALENDAR: 1. C 2015-306 Communication (11/09/2015) from the County Engineer, transmitting for Council consideration, a Resolution Establishing Crosswalks And Bicycle Lanes On Puhi Road, County Of Kauai. (See Resolution No. 2015-64) 2. C 2015-307 Communication (11/16/2015) from the County Engineer, transmitting for Council consideration, a Resolution Establishing A Bicycle Lane Along Olohena Road, Kawaihau District, County Of Kauai, as a result of an engineering study completed as part of the recent resurfacing project on Olohena Road. (See Resolution No. 2015-65) COUNCIL MEETING AGENDA 2 DECEMBER 16, 2015 3. C 2015-308 Communication (11/24/2015) from the County Engineer, transmitting for Council consideration, a Resolution Establishing A Crosswalk Across Rice Street, Lihu`e District, County Of Kauai, to provide improved connectivity for the immediate residential community to businesses and other destinations in the area, which includes rectangular rapid flashing beacons at the crosswalk to make it more visible and increase awareness of motorists traveling on Rice Street. (See Resolution No. 2015-66) 4. C 2015-309 Communication (12/01/2015) from the Director of Finance, transmitting for Council information, the Condition of the County Treasury Statement quaterly report as of November 3, 2015. 5. C 2015-310 Communication (12/03/2015) from Council Chair Rapozo, transmitting for Council consideration and confirmation, the following reappointments to the Kauai Historic Preservation Review Commission for the County of Kaua`i: • Althea Kalei Lovell Arinaga (Archaeology) — Term ending 12/31/2018 • Lawrence Chaffin, Jr. (At-Large) — Term ending 12/31/2018 (See Resolution No. 2015-67 and Resolution No. 2015-68) G. COMMUNICATIONS: 1. C 2015-297 Communication (11/16/2015) from the Director of Human Resources, transmitting for Council information, the November 15, 2015 report, pursuant to Section 19 the Operating Budget Provisos of the County of Kauai for the Fiscal Year 2015-2016, which includes new hires, transfers, reallocations, promotions, and vacancies for the period July 1, 2015 to November 15, 2015. (Deferred December 2, 2015) 2. C 2015-311 Communication (09/14/2015) from the Director of Finance, transmitting for Council consideration, a proposal to establish a new Article under Chapter 5 of the Kaua`i County Code 1987, as amended, to establish a General Excise and Use Tax Surcharge for the County of Kauai. (See Proposed Draft Bill (No. 2610)) COUNCIL MEETING AGENDA 3 DECEMBER 16, 2015 3. C 2015-312 Communication (11/24/2015) from the Hawaii State Association of Counties (HSAC) President, transmitting for Council consideration the following proposals to be included in the 2016 HSAC Legislative Package, which were approved by the HSAC Executive Committee on September 11, 2015 and November 23, 2015: 2016 HSAC LEGISLATIVE PACKAGE: 1. A Bill For An Act Relating To Zoning (Proposed by the County of Kaua`i) 2. A Bill For An Act Relating To Tort Liability (Proposed by the County of Kaua`i) 3. A Bill For An Act Relating To Mopeds (Proposed by the City & County of Honolulu) 4. A Bill For An Act Relating To Counties (Proposed by the County of Maui) 5. A Bill For An Act Relating To Public Agency Meetings And Records (Proposed by the County of Maui) 6. A Bill For An Act Relating To Identification Cards For Persons With Disabilities (Proposed by the County of Maui) 7. A Resolution Requesting The Hawaii State Legislature Urge Hawai`i's Congressional Delegation To Propose And Pass An Amendment Clarifying That Corporations Are Not People With Constitutional Rights, And That Unlimited Campaign Spending Is Not Free Speech (Proposed by the County of Hawaii) (See Resolution No. 2015-69) 4. C 2015-313 Communication (11/30/2015) from the Planning Director, transmitting the Planning Commission's recommendation regarding Proposed Draft Bill (No. 2601), which amends Subsection 8-15.1(d), Kaua`i County Code 1987, as amended, relating to Additional Dwelling Units on Other Than Residentially Zoned Lots, to eliminate the lapse of the special fund created to deposit revenues from the recertification process conducted between December 2014 to February 2015, and also eliminate the ten-year build out requirement for the Additional Dwelling Unit by striking language restricting issuance of building permits past December 15, 2024. (Copies of the Draft Ordinance for Zoning Amendment ZA-2016-2, Director's Reports, and the Excerpt of Minutes from the November 24, 2015 Planning Commission Public Hearing and Action on Above Bill on file in the County Clerk's Office.) COUNCIL MEETING AGENDA 4 DECEMBER 16, 2015 5. C 2015-314 Communication (12/02/2015) from the County Engineer, transmitting for Council consideration, proposed amendments to Ordinance No. B-2015-797, as amended, relating to the Capital Budget of the County of Kaua`i for the Fiscal Year 2015-2016, by revising the amounts estimated in the Bond Fund to appropriate funds to provide the additional required funding for the Hanalei Baseyard Fuel Tank Project. (Hanalei Baseyard Fuel Tank Project — $40,000) (See Proposed Draft Bill (No. 2611)) 6. C 2015-315 Communication (12/07/2015) from the County Attorney, requesting Council authorization to credit bid the judgment obtained in County of Kaua`i vs. Debra Marie Girald et al., Civil No. 15-00204 (United States District Court for the District of Hawaii) and related matters. H. LEGAL DOCUMENTS: 1. C 2015-266 Communication (10/01/2015) from the Director of Parks & Recreation, recommending Council approval of a License Agreement with Boys & Girls Club of Hawai`i, 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, Kaua`i, 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 (Deferred November 18, 2015) 2. C 2015-316 Communication (11/23/2015) from the County Engineer, recommending Council approval of a Limited Right-of-Entry Permit with the Department of Hawaiian Home Lands (DHHL), to allow for the removal of approximately five (5) cubic yards of sand from the Anahola river mouth area situated at Tax Map Key (TMK) Nos. (4) 4-8-012:010 (por.), (4) 4-8-018:028 and 029 (por.), and (4) 4-8-011:001 (por.), for the filling and placement of sand bags to repair erosion on Aliomanu Road in Anahola. • Limited Right-of-Entry Permit COUNCIL MEETING AGENDA 5 DECEMBER 16, 2015 I. CLAIMS: 1. C 2015-317 Communication (11/24/2015) from the County Clerk, transmitting a claim filed against the County of Kaua`i by Maria Susan Ohlen, for personal injuries, pursuant to Section 23.06, Charter of the County of Kauai. 2. C 2015-318 Communication (11/24/2015) from the County Clerk, transmitting a claim filed against the County of Kauai by Damien Freitas, for personal injury, pursuant to Section 23.06, Charter of the County of Kauai. J. COMMITTEE REPORTS: 1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE: a. CR-PWPR 2015-17 on: PWPR 2015-09 Communication (11/05/2015) from Council Chair Rapozo, requesting the presence of the Director of Parks & Recreation, County Engineer, and the Planning Director, to provide a briefing on the work performed adjacent to the Ke Ala Hele Makalae Multi-Use Path and Kuna Bay. [Received for the Record.] 2. BUDGET & FINANCE COMMITTEE: a. CR-BF 2015-39: on Bill No. 2602 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 CRIMINAL ASSETS FORFEITURE FUND (Kauai Police Department, KPAL Youth Center/Interim KPD Training Facility — $300,000.00 (Operating Budget)) [Approved.] COUNCIL MEETING AGENDA 6 DECEMBER 16, 2015 b. CR-BF 2015-40: on Bill No. 2603 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-797, AS AMENDED, RELATING TO THE CAPITAL 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 CIP (Kaua`i Police Department, KPAL Youth Center/Interim KPD Training Facility — $300,000.00 (CIP Budget)) [Approved.] c. CR-BF 2015-41: on Bill No. 2605 A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-797, AS AMENDED, RELATING TO THE CAPITAL 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 DEVELOPMENT FUND CIP (Coco Palms Resort Development Use Permit Conditions — $110,000.00) [Approved.] 3. COMMITTEE OF THE WHOLE: a. CR-COW 2015-15: on COW 2015-08 Communication (12/01/2015) from Councilmember Chock, requesting agenda time to allow David Mora, State Liaison for the International City/County Management Association ("ICMA") to give a presentation on the overview of the council-manager system of government, best practices, costs and benefits, and suggestions on a transition to a council-manager system for the County of Kauai. [Received for the Record.] COUNCIL MEETING AGENDA 7 DECEMBER 16, 2015 b. CR-COW 2015-16: on COW 2015-07 Communication (11/10/2015) from Council Chair Rapozo, requesting the presence of the Mayor, to provide a briefing regarding the Administration's plans to establish a General Excise and Use Tax Surcharge for the County of Kauai. The briefing shall include the following: • A list of proposed projects the Administration has identified that are eligible to be funded with this appropriation, the timeline for each project, and the costs associated with each project. • Clarify whether the Administration intends to utilize the moneys derived from the tax surcharge to reimburse the County's General Fund for the amount of subsidy(ies) appropriated for each project. • Address whether an increase in the General Excise and Use Tax Surcharge can be achieved incrementally or whether Hawai`i Revised Statutes mandates the increase to occur all at once. • Identify what elements are required for the County to implement this General Excise and Use Tax Surcharge. • Include the deadline date by which to accomplish each task. [Received for the Record.] K. RESOLUTIONS: 1. Resolution No. 2015-64 — RESOLUTION ESTABLISHING CROSSWALKS AND BICYCLE LANES ON PUHI ROAD, COUNTY OF KAUAI 2. Resolution No. 2015-65 — RESOLUTION ESTABLISHING A BICYCLE LANE ALONG OLOHENA ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI COUNCIL MEETING AGENDA 8 DECEMBER 16, 2015 3. Resolution No. 2015-66 - RESOLUTION ESTABLISHING A CROSSWALK ACROSS RICE STREET, LIHUE DISTRICT, COUNTY OF KAUAI 4. Resolution No. 2015-67 - RESOLUTION CONFIRMING COUNCIL REAPPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION (Althea Kalei Lovell Arinaga-Archaeology) 5. Resolution No. 2015-68 - RESOLUTION CONFIRMING COUNCIL REAPPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW COMMISSION (Lawrence Chaffin, Jr. -At-Large) 6. Resolution No. 2015-69 - RESOLUTION APPROVING PROPOSALS FOR INCLUSION IN THE 2016 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE L. BILLS FOR FIRST READING: 1. Proposed Draft Bill (No. 2601) - A BILL FOR AN ORDINANCE AMENDING SUBSECTION 8-15.1(d), KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO ADDITIONAL DWELLING UNIT ON OTHER THAN RESIDENTIALLY ZONED LOTS (Referred to the Planning Commission for recommendation and report back to the Council on October 21, 2015) 2. Proposed Draft Bill (No. 2610) - A BILL FOR AN ORDINANCE TO ESTABLISH A GENERAL EXCISE AND USE TAX SURCHARGE FOR THE COUNTY OF KAUAI 3. Proposed Draft Bill (No. 2611) - A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-797, AS AMENDED, RELATING TO THE CAPITAL 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 BOND FUND (Hanalei Baseyard Fuel Tank Project - $40,000) M. BILLS FOR SECOND READING: 1. Bill No. 2602 - 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 CRIMINAL ASSETS FORFEITURE FUND (Kaua`i Police Department, KPAL Youth Center/Interim KPD Training Facility - $300,000.00 (Operating Budget)) (See also CR-BF 2015-39; the Budget & Finance Committee recommended approval on second and final reading.) COUNCIL MEETING AGENDA 9 DECEMBER 16, 2015 2. Bill No. 2603 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-797, AS AMENDED, RELATING TO THE CAPITAL 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 CIP (Kauai Police Department, KPAL Youth Center/Interim KPD Training Facility — $300,000.00 (CIP Budget)) (See also CR-BF 2015-40; the Budget & Finance Committee recommended approval on second and final reading.) 3. Bill No. 2605 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-797, AS AMENDED, RELATING TO THE CAPITAL 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 DEVELOPMENT FUND CIP (Coco Palms Resort Development Use Permit Conditions — $110,000.00) (See also CR-BF 2015-41; the Budget & Finance Committee recommended approval on second and final reading.) N. 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-825 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4, 92-5(a)(4), and Section 3.07(E) of the Kaua`i County Charter, the Office of the County Attorney requests an Executive Session with the Council to provide the Council with a briefing on the foreclosure action County of Kauai vs. Debra Marie Girald et al., Civil No. 15-00204 (United States District Court for the District of Hawai`i) 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. O. ADJOURNMENT. COUNCIL MEETING AGENDA 10 DECEMBER 16, 2015 P. 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. f*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/Council/PublicHearings 1. Bill No. 2607 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-797, AS AMENDED, RELATING TO THE CAPITAL 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 DEVELOPMENT FUND (Koloa/Po'ipu Intersection Improvements, Po'ipu Realty Partners, LLC— $41,000) 2. Bill No. 2608 — A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. B-2015-797, AS AMENDED, RELATING TO THE CAPITAL 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 DEVELOPMENT FUND (KOloa/Poipu Intersection Improvements,Kiahuna Fairways, LLC $47,750) Q. 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.