Loading...
HomeMy WebLinkAbout12-02-2009-Doc16620COUNCIL MEETING NOTICE and AGENDA WEDNESDAY,. DECEMBER 2, 2009 9:00 A.M. OR SOON THEREAFTER COUNCIL CHAMBERS Historic County Building 4396 Rice Street, Room 201 Lihu`e, Kauai, Hawaii MEETING CALLED TO ORDER ~ W-' o . `~~ _~ '; 3 ~ ^~-r, G i a r '9 ~ ~ F~ ~ ,. ROLL CALL ~ ' - - _1 ~ f "' . .. , s~ _ ~ ~ ~: APPROVAL OF AGENDA . . MINUTES of the following meetings of the Council: Council Meeting of November 4, 2009 Public Hearing of November 18, 2009 re: Bills Nos. 2332, 2333, 2334, and 2335 COMMUNICATIONS: / C 2009-373 Communication (10/30/2009) from the Director of Personnel Services, transmitting for Council information, the first quarter reports (July- September 2009) relative to vacancies, established positions, new hires, reallocations, and promotions. (Report on file in the County Clerk's Office.) rC 2009-374 Communication (11/02/2009) from the Chief of the Building Division, Department of Public Works, transmitting for Council information, the Building Permit Information Reports for October 2009 that includes the following: 1) Building Permit Processing Report 2) Building Permit Estimated Value of Plans Summary 3) Building Permits Tracking Report 4) Building Permits Status Council Meeting Agenda 2 December 2, 2009 /C 2009-375 Communication (11/09/2009) from the Housing Director, transmitting for Council approval, a resolution establishing County priorities for the use of Community Development Block Grant (CDBG) Program Funds for program years 2010 and 2011. (See Resolution No. 2009-70) ~ C 2009-376 Communication (11/12/2009) from the Director of Finance, transmitting for Council information the Period 1 Financial Reports - Statement of Revenues as of July 31, 2009. (Statement of Revenues- Estimated and Actual, Statement of Expenditures and Encumbrances, Revenue Report (Listing), .and Detail Budget Report on file in the County Clerk's Office.) /C 2009-377 Communication (11/12/2009) from the Director of Finance, transmitting for Council information the Period 2 Financial Reports - Statement of Revenues as of August 31, 2009. (Statement of Revenues-Estimated and Actual, Statement of Expenditures and Encumbrances, Revenue Report (Listing), and Detail Budget Report on file in the County Clerk's Office.) /C 2009-378 Communication (11/12/2009) from the .Director of Finance, transmitting for Council information the Period 3 Financial Reports - Statement of Revenues as of September 30, 2009. (Statement of Revenues-Estimated and Actual, Statement of Expenditures and Encumbrances, Revenue Report- (Listing), and Detail Budget Report on file in the County Clerk's Office.) /C .2009-379 Communication (11/16/2009) from the Planning Director, transmitting for Council consideration, the Planning Commission's recommendation to re-designate a portion of a property in Kilauea, Kauai, Tax Map Key No. 5-2-017:028, back to its previous land use designation as follows: • "Limited Industrial (I-L) Zoning District" back to the "Open (O) Zoning District" and "Agriculture (A) Zoning District." (See Proposed Draft Bill No. 2340) (Planning Commission's findings, staff report, exhibits, and transcripts on file in the County Clerk's Office.) C 2009-380 Communication (08/31/2009) from the Director of Finance, requesting Council approval to write-off thirty-one (31) finalled (inactive) sewer accounts and one (1) finalled sludge account totaling an uncollectible delinquent amount of $63,457.78, pursuant to Kauai County Code Section 25-14.3. Council Meeting Agenda 3 December 2, 2009 JC 2009-381 Communication (10/22/2009) from the Director of Finance, requesting Council approval to accept services from two (2) to four (4) volunteers from Insights to Success to assist the Information Technology (IT) Division over the coming twelve (12) months, with all costs to be borne by Insights to Success. JC 2009-382 Communication (11/04/2009) from the Housing Director, requesting Council approval to decline repurchase of Unit No. 65, Villas at Puali, located at 4012 Puali Place, Lihu`e, Hawaii, 96766, and provide the owners aone-year waiver of the County's repurchase right effective the date of the Council's decision. 2009-383 Communication (11/12/2009) from the Chief of Police, requesting Council approval to apply for, accept, indemnify, and expend funds from the State of Hawaii, Safe Community Program -Safety Office in the amount of $25,100 which will implement projects for under age drinking. C 2009-384 Communication (11/16/2009) from the Mayor, requesting Council ~ approval to apply for, receive, and expend $1,500,000 from Phase II of the Hawaii Strategic Prevention Framework State Incentive Grant (SPF SIG) administered through the Department of Health-Alcohol and Drug Abuse Division (ADAD). (Report on file in the County Clerk's Office.) ~ C 2009-385 Request (11/24/2009) from the Office of the County Attorney for authorization to expend additional funds up to $6,500 to engage special counsel for King C. Lum v. Kauai County Council, et al., Civ. No. 06-00068 SOMBMK (U.S. District Court, District of Hawaii) and related matters. LEGAL DOCUMENT: i C 2009-386 Communication (11/20/2009) from the Director of the Office of Economic Development, requesting Council approval of the amended West Kauai Technology and Visitor Center lease between K`ikiaola Land Company, Limited, and the County of Kauai to allow the operation of a gift shop. • Amendment to the Indenture of Lease Council Meeting Agenda 4 December 2, 2009 CLAIMS: /C 2009-387 Communication (11/10/2009) from the County Clerk, transmitting a claim filed against the County of Kauai by Cathleen B. Ibanez for damage to her vehicle, pursuant to Section 23.06, Charter of the County of Kauai. COMMITTEE REPORTS: BUDGET & FINANCE CONIlVIITTEE REPORT: ~ CR-B&F 2009-22: on Bill No. 2333 AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($150,000 - Kapa`a - Wailua Development Plan) [Approved.] ~ CR-B&F 2009-23: on Bill No. 2334 AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Transfer $230,000 from Kapa`a New Fire Station to Pi`ikoi Building Design) [Approved.] ECONONIIC DEVELOPMENT/HOUSING CONIlVIITTEE: CR-EDH 2009-10: on EDH 2009-9 Communication (10/20/2009) from Committee Chair Dickie Chang, requesting the presence of Sue Kanoho, .Executive Director, Kauai Visitors Bureau (KVB), to provide an update on Kauai Visitors Bureau's efforts to promote tourism on Kauai since receiving the KVB Economic Stimulus Grant. [Received for the record.] Council Meeting Agenda 5 December 2, 2009 PUBLIC WORKS/ELDERLY AFFAIRS COMNIITTEE: CR-PWE 2009-07: on PWE 2009-4 Communication (11/19/2009) from Committee Chair Tim Bynum, requesting agenda time for a presentation from Howard Wiig, Energy Analyst, Department of Business, Economic Development, and Tourism on the International Energy Conservation Code, as it relates to Bill No. 2332 (Energy Code) [Received for the record.] SCR-PWE 2009-08: on Bill No. 2335 A BILL FOR AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 4, SEC. 13-4.1, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE ELECTRICAL CODE AND ADOPTING THE NATIONAL ELECTRICAL CODE, 2008 EDITION AS A STANDARD FOR ALL ELECTRICAL WORK [Approved.] PUBLIC SAFETY/ENERGY/INTERGOVERNMENTAL RELATIONS ~ CR-SEI 2009-06: on SEI 2009-5 Communication (11/9/2009) from Committee Chair Derek Kawakami, requesting agenda time for a presentation from Renewable Electronics Transportation International on "Time is of the Essence: Changing America's Transportation and Power Alternatives," which is a model energy and transportation program across the United States. [Received for the record.] RESOLUTIONS: Resolution No. 2009-70, RESOLUTION ESTABLISHING COUNTY PRIORITIES FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDS BILLS FOR FIRST READING: Proposed Draft Bill No. 2340 - A BILL FOR AN ORDINANCE RELATING TO ZONING DESIGNATIONS IN ORDINANCE NO. PM-229-91; KILAUEA, KAUAI (County of Kauai, Applicant) Council Meeting Agenda 6 December 2, 2009 BILLS FOR SECOND READING: Bill No. 2333 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND ($150,000 - Kapa`a - Wailua Development Plan) (The Budget & Finance Committee recommended approval of Bill No. 2333; see CR-B&F 2009-22) - Bill No. 2334 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, AS AMENDED, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING THE SURPLUS AND APPROPRIATIONS ESTIMATED IN THE GENERAL FUND (Transfer $230,000 from Kapa`a New Fire Station to Pi`ikoi Building Design) (The Budget & Finance Committee recommended approval of Bill No. 2334; see CR-B&F 2009-23) Bill No. 2335 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 13, ARTICLE 4, SEC. 13-4.1, OF THE KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE ELECTRICAL CODE AND ADOPTING THE NATIONAL ELECTRICAL CODE, 2008 EDITION AS A STANDARD FOR ALL ELECTRICAL WORK (The Public Works/Elderly Affairs Committee recommended approval of Bill No. 2335; see CR-PWE 2009-08) EXECUTIVE SESSION: Pursuant to Haw. Rev.. Stat. ("H.R.S.") §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 H.R.S. §92-4 and shall be limited to those items described in H.R.S. §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.) ES-410 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4), (6) and (8), and Kauai County Charter section 3.07(E), the purpose of this executive session is to provide the Council a briefing on King C. Lum v. Kauai County Council, et al., Civ. No. 06-00068 SOM/BMK (U.S. District Court, District of Hawaii) and related matters. This briefing and consultation involves consideration of the powers, ,duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. Council Meeting Agenda 7 December 2, 2009 ES-411 Pursuant to Haw.Rev.Stat. §§92-4 and 92-5(a)(4),(6) and (8), and Kauai County Charter §3.07(E), the purpose of this executive session is to provide a Council briefing, update, and to request authority relating to a possible settlement proposal in the claim filed against the County of Kauai by Cushnie Construction Company for reimbursement of costs incurred. This briefing and consultation involves consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item. ADJOURNMENT. NOTE: If the Council is not finished with this meeting by approximately 1:30 p.m., it will recess for public hearings on the following. After the public hearings, the Council will reconvene to complete any unfinished business. Bill No. 2336 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE 20, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE TRAFFIC CODE Bill No. 2337 - A BILL FOR AN ORDINANCE AMENDING CHAPTER 5A, KAUA`I COUNTY CODE 1987, RELATING TO LIMITATION OF TAXES ON PROPERTY USED FOR LONG TERM AFFORDABLE RENTAL Bill No. 2338 - AN ORDINANCE AMENDING ORDINANCE NO. B-2009-691, RELATING TO THE CAPITAL BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII, FOR THE FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010, BY REVISING PROJECT DESCRIPTION IN THE GENERAL FUND (Affordable Housing - $1,000,000.00) 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. 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, ROOM 206, LIHU`E, KAUAI. TELEPHONE NO. 241-6371.