HomeMy WebLinkAbout03/23/2016 Notice and Agenda, Council (Includes Interviews) COUNCIL MEETING NOTICE AND AGENDA
WEDNESDAY, MARCH 23, 2016 RECEIVED
8:30 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
HISTORIC COUNTY BUILDING 16 MAR 17 P2 :05
4396 RICE STREET, SUITE 201
LIHU`E, KAUAI, HAWAII 96766
OFFICE OF
THE COUNTY CLERK
COUNTY OF KAUA`!
A. MEETING CALLED TO ORDER.
B. ROLL CALL.
C. APPROVAL OF AGENDA.
D. MINUTES of the following meetings of the Council:
1. January 13, 2016 Council Meeting
2. February 10, 2016 Council Meeting
3. February 10, 2016 Public Hearing re: Bill No. 2614
4. March 9, 2016 Public Hearing re: Bill No. 2616 and Bill No. 2617
E. INTERVIEWS:
1. CHARTER REVIEW COMMISSION:
• Russell M. Wong —Term ending 12/31/2018
2. FIRE COMMISSION:
• Chad K. Pacheco — Term ending 12/31/2018
F. CONSENT CALENDAR:
1. C 2016-62 Communication (02/17/2016) from the Mayor, transmitting for
Council consideration and confirmation, Mayoral appointee
Gary A. Pacheco to the Liquor Control Commission — Term
ending 12/31/2018. (See Resolution No. 2016-33)
COUNCIL MEETING AGENDA 2 MARCH 23, 2016
2. C 2016-63 Communication (03/02/2016) from the Director of Finance,
transmitting for Council information, the Period 7 Financial
Reports — Detailed Budget Report, Statement of Revenues
(Estimated and Actual), Statement of Expenditures and
Encumbrances, and Revenue Report as of January 31, 2016,
pursuant to Section 21 of Ordinance No. B-2015-796, relating to
the Operating Budget of the County of Kauai for the Fiscal
Year 2015-2016. (Copies of the Period 7 Financial Reports as of
January 31, 2016 on file in the County Clerk's Office.)
3. C 2016-64 Communication (03/10/2016) from Councilmember Kuali`i,
providing written disclosure of a possible conflict of interest
and recusal regarding Resolution No. 2016-30, Kauai
County 2016 Action Plan (Community Development Block
Grant), specifically item f. Economic Development by Workforce
Development (Hawaiian Community Development Corporation),
as he serves as President of the Homestead Community
Development Corporation, and item g. Photovoltaic System &
Air Conditioning Units for Family Violence Shelter (YWCA of
Kauai), due to his employment with the YWCA of Kauai.
4. C 2016-65 Communication (02/19/2016) from the Deputy Director of
Finance, transmitting for Council information, the 2016 Real
Property Assessment List of the County of Kauai pursuant to
Section 5A-2.2, Kauai County Code 1987, as amended.
(2016 Real Property Assessment List on file in the County Clerk's
Office.)
5. C 2016-66 Communication (03/03/2016) from Council Chair Rapozo,
transmitting for Council consideration, a Resolution appointing
a representative and alternate to serve on the Executive
Committee of the Hawaii State Association of Counties (HSAC)
for the term commencing July 1, 2016 through June 30, 2017,
and nominating a representative to serve as a Board Member of
the National Association of Counties (NACo), whose term will
begin on the last day of the 2016 NACo Annual Conference,
pursuant to Section 5 of the Bylaws of the Hawaii State
Association of Counties. (See Resolution No. 2016-34)
6. C 2016-67 Communication (03/11/2016) from the Director of Finance,
transmitting for Council information, supplemental property tax
revenue information pertaining to the estimated reduction in
real property tax revenues resulting from the Home
Preservation Limit and Very Low Income tax relief measure
enacted by the Kauai County Council, based on the Real
Property Assessment Certification for Fiscal Year 2017 factored
with the existing real property tax rates.
COUNCIL MEETING AGENDA 3 MARCH 23, 2016
7. C 2016-68 Communication (03/11/2016) from Councilmember Kuali`i,
transmitting for Council consideration, a Resolution Expressing
The Support Of The Council Of The County Of Kauai For The
Proposed Adolescent Treatment And Healing Center.
(See Resolution No. 2016-36)
G. COMMUNICATIONS:
1. C 2016-44 Communication (02/12/2016) from the Salary Commission,
transmitting for Council information, the Salary Commission's
Resolution No. 2016-01, Relating to the Salaries of Certain
Officers and Employees of the County of Kaua`i for the Fiscal
Year 2016-2017, which was adopted by the Salary Commission
at its February 5, 2016 meeting.
• Salary Commission Resolution No. 2016-1
(See also CR-BF 2016-09; the Budget & Finance
Committee recommended referral on March 16, 2016.)
2. C 2016-69 Communication (02/16/2016) from the Chief of Police, requesting
Council approval of an unbudgeted purchase of a 48 feet
by 20 feet (960 square feet) mezzanine for an approximate cost
of$80,000.00, and subsequent installation at the Kaua`i Police
Department's Station in Lihu`e to address the need for
additional space for evidence storage; $50,000.00 of the cost of
the mezzanine will come from unexpended funds in
Account No. 001-1003-551.43-03, (Kaua`i Police Department,
Administrative & Technical Bureau, Repair and Maintenance
Vehicles), and the remaining $30,000.00 will come from
unexpended funds in Account No. 001-1001-551.01 (Kaua`i
Police Department, Chiefs Office, Regular Salaries) as a result
of vacant positions.
3. C 2016-70 Communication (02/22/2016) from the Chief of Police, requesting
Council approval of an unbudgeted purchase of fifteen (15)
newly marked Ford Explorer patrol vehicles, at an estimated
cost of $50,000.00 to $55,000.00 for each vehicle (total of
$750,000 to $825,000), using unexpended funds anticipated in
Account No. 001-1001-551.01-01 (Kaua`i Police Department,
Chiefs Office, Regular Salaries), to keep the Kauai Police
Department on track with their strategic vehicle replacement
plan which necessitates the purchase of forty-five (45) newly
marked patrol vehicles over the next three (3) years, and with
the understanding that no vehicles will be budgeted in Fiscal
Year 2017.
COUNCIL MEETING AGENDA 4 MARCH 23, 2016
4. C 2016-71 Communication (02/26/2016) from the Fire Chief, transmitting
for Council consideration, amendments to Chapter 15A, Kaua`i
County Code 1987, as amended, relating to adoption of the State
Fire Code, incorporating by reference the 2012 Uniform Fire
Code, and providing for local amendments thereto.
(See Proposed Draft Bill (No. 2623))
5. C 2016-72 Communication (03/01/2016) from the Executive on Aging,
requesting Council approval to apply for, receive, and expend a
continuation of grant funding awarded by the Corporation for
National and Community Service to the County of Kaua`i,
Agency on Elderly Affairs, Kaua`i RSVP from April 1, 2016 to
March 31, 2017, in the amount of $62,847.00 for year 2 of 3, to
assist the Kauai RSVP in carrying out a national service
program as authorized by the Domestic Volunteer Service Act
of 1973, as amended (42 U.S.C., Chapter 22).
6. C 2016-73 Communication (03/01/2016) from the Fire Chief, requesting
Council approval to accept a donation from the Kauai Lifeguard
Association (KLA), valued at $3,649.37, of one (1) Jet Ski
Trailer, to be utilized by the Ocean Safety Bureau for roving
patrol and training purposes, to transport jet skis and rescue
equipment when a roving unit is in operation, and for use by
Training and Prevention Officers for rescue craft training and
any special functions that require lifeguard services or education
on Ocean Safety Awareness.
7. C 2016-74 Communication (03/02/2016) from the Mayor, transmitting for
Council consideration, the cost items for the Hawai`i
Government Employees Association (HGEA) Bargaining Unit 14
for the period July 1, 2015 and June 30, 2017 based on an
arbitrated award and in accordance with the procedures
contained in Chapter 89, Hawaii Revised Statutes (HRS),
pursuant to Section 89-11 of the HRS and Section 19.13B of the
Kauai County Charter. (Arbitration Panel's Award and Decision
for Bargaining Unit 14 on file in the County Clerk's Office.)
(See Proposed Draft Bill (No. 2624)
8. C 2016-75 Communication (03/10/2016) from the Prosecuting Attorney,
requesting Council approval to apply for, receive, and expend
Federal Highway Safety funds from the State of Hawai`i
Department of Transportation, in the amount of $162,529.00, to
be used towards continued funding of 1.00 Full-Time Equivalent
(FTE) Special Prosecuting Attorney, travel, and training.
COUNCIL MEETING AGENDA 5 MARCH 23, 2016
9. C 2016-76 Communication (03/14/2016) from the Mayor, transmitting his
Fiscal Year 2016-2017 Budget Message, along with the proposed
Operating Budget, Capital Improvement Projects (CIP) Budget,
and Schedule of Charges and Fees. (Detailed Line Item Budget
on file in the County Clerk's Office.) (See Proposed
Draft Bill (No. 2625) and Proposed Draft Bill (No. 2626),
including the proposed Fiscal Year 2016-2017 Real
Property Tax Rate Resolution No. 2016-35)
H. COMMITTEE REPORTS:
1. PUBLIC WORKS / PARKS & RECREATION COMMITTEE:
a. CR-PWPR 2016-04: on PWPR 2016-03 Communication (02/04/2016) from
Committee Chair Kagawa, requesting
the presence of the County Engineer
and Deputy County Engineer, to
discuss the circumstances relating to
the Management Advisory Report for
the Fiscal Year Ended June 30, 2015,
Current Findings and
Recommendations, 2015-003 (Improve
Monitoring of Delinquent Receivable
Accounts). [Received for the
Record.]
b. CR-PWPR 2016-05: on PWPR 2016-04 Communication (02/18/2016) from
Council Chair Rapozo, requesting the
presence of the Acting County
Engineer, to provide a briefing and
status update on the Hanapepe
Bridge. [Received for the Record.]
2. BUDGET & FINANCE COMMITTEE:
a. CR-BF 2016-07: on Bill No. 2616 A BILL FOR AN ORDINANCE TO
AMEND SECTION 22-2.4 AND
SECTION 22-10.6, KAUAI COUNTY
CODE 1987, AS AMENDED,
RELATING TO IMPOUNDMENT
FEES [Approved.]
COUNCIL MEETING AGENDA 6 MARCH 23, 2016
b. CR-BF 2016-08: on Bill No. 2617 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 (Kaua`i Humane Society
Barking Dog Enforcement - $33,901)
[Received for the Record.]
c. CR-BF 2016-09: on C 2016-44 Communication (02/12/2016) from the
Salary Commission, transmitting for
Council information, the Salary
Commission's Resolution No. 2016-01,
Relating to the Salaries of Certain
Officers and Employees of the County
of Kaua`i for the Fiscal
Year 2016-2017, which was adopted
by the Salary Commission at its
February 5, 2016 meeting.
• Salary Commission
Resolution No. 2016-1
[Referred to the
March 23, 2016 Council
Meeting.]
3. COMMITTEE OF THE WHOLE:
a. CR-COW 2016-04: on Bill No. 2614, Draft 2 A BILL FOR AN ORDINANCE
TO AMEND CHAPTER 3,
KAUAI COUNTY CODE 1987,
AS AMENDED, BY ADDING A
NEW ARTICLE 6, RELATING
TO THE REGISTRATION OF
LOBBYISTS [Approved as
Amended.]
COUNCIL MEETING AGENDA 7 MARCH 23, 2016
I. RESOLUTIONS:
1. Resolution No. 2016-29 — RESOLUTION AUTHORIZING THE
FILING OF THE KAUAI COUNTY 2016 ACTION PLAN (HOME INVESTMENT
PARTNERSHIPS PROGRAM) WITH THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE II OF THE CRANSTON-GONZALEZ NATIONAL AFFORDABLE
HOUSING ACT (PUBLIC LAW 101-625), AS AMENDED
(Deferred March 9, 2016)
2. Resolution No. 2016-30 — RESOLUTION AUTHORIZING THE
FILING OF THE KAUAI COUNTY 2016 ACTION PLAN (COMMUNITY
DEVELOPMENT BLOCK GRANT) WITH THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT
UNDER TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT
OF 1974 AND 1987 (PUBLIC LAWS 93-383 AND 100-242), AS AMENDED
(Deferred March 9, 2016)
3. Resolution No. 2016-33 — RESOLUTION CONFIRMING MAYORAL
APPOINTMENT TO THE LIQUOR CONTROL COMMISSION (Gary A. Pacheco)
4. Resolution No. 2016-34 — RESOLUTION APPOINTING A
REPRESENTATIVE AND ALTERNATE TO THE EXECUTIVE COMMITTEE OF
THE HAWAII STATE ASSOCIATION OF COUNTIES AND NOMINATING A
REPRESENTATIVE TO SERVE AS A BOARD MEMBER OF THE NATIONAL
ASSOCIATION OF COUNTIES
5. Resolution No. 2016-35 — RESOLUTION ESTABLISHING THE REAL
PROPERTY TAX RATES FOR THE FISCAL YEAR JULY 1, 2016 TO
JUNE 30, 2017 FOR THE COUNTY OF KAUAI
6. Resolution No. 2016-36 — RESOLUTION EXPRESSING THE
SUPPORT OF THE COUNCIL OF THE COUNTY OF KAUAI FOR THE
PROPOSED ADOLESCENT TREATMENT AND HEALING CENTER
J. BILLS FOR FIRST READING:
1. Proposed Draft Bill (No. 2623) — A BILL FOR AN ORDINANCE
AMENDING CHAPTER 15A OF THE KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO THE KAUAI COUNTY FIRE CODE
COUNCIL MEETING AGENDA 8 MARCH 23, 2016
2. Proposed Draft Bill (No. 2624) — A BILL FOR AN ORDINANCE
APPROVING A COLLECTIVE BARGAINING AGREEMENT FOR BARGAINING
UNIT 14 BETWEEN JULY 1, 2015 AND JUNE 30, 2017
3. Proposed Draft Bill (No. 2625) — A BILL FOR AN ORDINANCE
RELATING TO THE OPERATING BUDGET AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2016 TO JUNE 30, 2017 (Fiscal Year 2016-2017
Operating Budget)
4. Proposed Draft Bill (No. 2626) — A BILL FOR AN ORDINANCE
RELATING TO CAPITAL IMPROVEMENTS AND FINANCING THEREOF FOR
THE FISCAL YEAR JULY 1, 2016 TO JUNE 30, 2017 (Fiscal Year 2016-2017 CIP
Budget)
K. BILLS FOR SECOND READING:
1. Bill No. 2614, Draft 3 — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 3, KAUAI COUNTY CODE 1987, AS AMENDED, BY ADDING A NEW
ARTICLE 6, RELATING TO THE REGISTRATION OF LOBBYISTS
(See also CR-COW 2016-04; the Committee of the Whole recommended approval as
amended to Bill No. 2614, Draft 3 on March 16, 2016.)
2. Bill No. 2616 — A BILL FOR AN ORDINANCE TO AMEND
SECTION 22-2.4 AND SECTION 22-10.6, KAUAI COUNTY CODE 1987, AS
AMENDED, RELATING TO IMPOUNDMENT FEES (See also CR-BF 2016-07; the
Budget & Finance Committee recommended approval on second and final reading.)
3. Bill No. 2617 — 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 (Kaua`i Humane Society Barking Dog
Enforcement - $33,901) (See also CR-BF 2016-08; the Budget & Finance Committee
recommended Bill No. 2617 be received for the record.)
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.)
COUNCIL MEETING AGENDA 9 MARCH 23, 2016
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.
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.gov/Council/PublicHearings
1. Bill No. 2618 — 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 (Deputy County Attorney, Kauai Police
Department Legal Support—$30,933)
O. 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, LIHUE,
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.