HomeMy WebLinkAbout05-04-2011 Council Agenda (ds)COUNCIL MEETING NOTICE and AGENDA
WEDNESDAY, MAY 4, 2011
9:00 A.M. OR SOON THEREAFTER
COUNCIL CHAMBERS
3371 -A Wilcox Road
Li-hu`e, Kauai, Hawaii 96766
MEETING CALLED TO ORDER.
ROLL CALL.
APPROVAL OF AGENDA.
MINUTES of the following meeting of the Council:
Special Council Meeting of April 6, 2011— interviews
Council Meeting of April 6, 2011
Special Council Meeting of April 11, 2011
Special Council Meeting of April 12, 2011 — interviews
Special Council Meeting of April 12, 2011
Public Hearing of April 20, 2011 re: Bill No. 2401
Special Council Meeting of April 25, 2011
COMMUNICATIONS:
C 2011 -76 Communication (02/16/2011) from Council Chair Furfaro, requesting
the Administration's presence to provide the Council with an update
on the County's Islandwide Road Resurfacing Program. (Deferred
0412012011)
C 2011 -129 Communication (04/07/2011) from the Chief of the Building Division,
Department of Public Works, transmitting for Council information, the
Building Permit Information Reports for March 2011 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
C 2011 -130 Communication (04/08/2011) from the Chief of the Engineering
Division, Department of Public Works, requesting Council
consideration to establish the installation of a speed hump on Makeke
Road, vicinity of Waimea Neighborhood Center, Waimea District. (See
Resolution No. 2011 -52)
Council Meeting Agenda 2 May 4, 2011
C 2011 -131 Communication (03/28/2011) from the Director of Parks & Recreation,
requesting Council consideration to establish crosswalks, a shared -use
path, and redefine traffic lanes on Ala Road, Niulani Road, Keaka
Road, Makaha Road, Panihi Road, and Moanakai Road. (See
Resolution No. 2011 -53)
C 2011 -132 Communication (04/13/2011) from the Prosecuting Attorney,
requesting Council approval to purchase a 2003 Chevrolet Cavalier
(asset # 9275) that was purchased in 2003 with VOCA grant funds
from the State of Hawaii Attorney General's Office (Grantor) and has
been used exclusively for victims and/or witnesses transportation to
Court, the vehicle has 7,735 miles on it and has an estimated value of
$3,500.00.
C 2011 -133 Communication (04/14/2011) from the Director of Housing, requesting
Council approval to sell the property situated at 3229 -A Unahe Street
which was purchased utilizing CDBG funds at an affordable leasehold
sales price based on a leasehold appraisal of $213,000.00, and to
authorize the County Clerk to sign all legal documents related to the
sale of the property.
C 2011 -134 Communication (04/13/2011) from the Chief of Police, requesting
Council approval to purchase a commercial grade ice maker machine
with a storage bin, which will be part of the department's disaster
preparedness equipment which would produce and store much needed
ice to support continued operations during a disaster or major event.
Ice from the machine will also support regular, planned, field
operations, as well as other departmental functions. The cost of the ice
maker is approximately $10,000.00 and would be purchased with
unexpended funds under the Patrol Services Bureau, account no. 001-
1005- 551.30 -00.
C 2011 -135 Communication (04/28/2011) from Councilmember Chang, providing
written disclosure on the record of a possible conflict of interest and
recusal on Bill No. 2404 (An Ordinance to Appropriate $150,000 to the
Kauai Marathon Grant), because he is the Owner of Wala`au
Productions which tapes and aires footage of the Kauai Marathon and
also he serves as an emcee for the Kauai Marathon at several pre and
post events.
C 2011 -136 Communication (04/28/2011) from Council Chair Furfaro, requesting
agenda time for discussion regarding possible changes in the following:
1) Resolution No. 2011 -02, Draft 1 (Adopting Rules of the Council of
the County of Kauai for the Organization of Committees and the
Transaction of Business).
2) Resolution No. 2011 -49, Draft 1 (Relating to the Appointment of the
Chairpersons, Vice Chairpersons, and Members of the Several
Standing Committees of the Council of the County of Kaua`i).
Council Meeting Agenda 3 May 4, 2011
LEGAL DOCUMENTS:
C 2011 -137 Communication (04/19/2011) from Deputy County Attorney Ian Jung,
recommending Council approval for Grant of Non - Exclusive Pedestrian Beach
Access Easement.
1) Grant of Non - Exclusive Pedestrian Beach Access Easement; Grantor, CTF
Hawaii Hotel Partners Limited Partnership; Grantee, County of Kauai, a
political subdivision of the State of Hawaii; TMK (4) 2 -8 -017, 018 and 019;
with referenced Lot Nos. 175, 176 and 177.
CLAIMS:
C 2011 -138 Communication (04/12/2011) from the County Clerk, transmitting a
claim filed against the County of Kauai by Progressive Direct
Insurance Co., as subrogee for Klaus Burmeister for damages to his
vehicle, pursuant to Section 23.06, Charter of the County of Kauai.
C 2011 -139 Communication (4/13/2011) from the County Clerk, transmitting a
claim filed against the County of Kauai by State Farm Insurance
Company as subrogee of Chad P. & Rufina T. Plowman for damages to
their vehicle, pursuant to Section 23.06, Charter of the County of
Kauai.
C 2011 -140 Communication (4/26/2011) from the County Clerk, transmitting a
claim filed against the County of Kauai by Jared Someda for emotional
distress, loss of enjoyment of life and possible lost wages, pursuant to
Section 23.06, Charter of the County of Kauai.
C 2011 -141 Communication (4/27/2011) from the County Clerk, transmitting a
claim filed against the County of Kauai by Robert Abrew, for damages
to his vehicle, pursuant to Section 23.06, Charter of the County of
Kauai.
COMMITTEE REPORTS:
PLANNING COMMITTEE
CR -PL 2011 -03 on Bill No. 2401 A BILL FOR AN ORDINANCE TO
AMEND CHAPTER 9, KAUAI
COUNTY CODE 1987, AS AMENDED,
RELATING TO THE SUBDIVISION
ORDINANCE
(Approved, as amended)
FINANCE / PARKS & RECREATION /
PUBLIC WORKS PROGRAMS COMMITTEE
CR -FPP 2011 -02 on FPP 2011 -01 Communication (04/20/2011) from
FPP Chair Bynum, requesting
Committee agenda time to discuss the
County's financial condition as it relates
to the Comprehensive Annual Financial
Report (CAFR).
(Received for the record)
Council Meeting Agenda 4
COMMITTEE OF THE WHOLE
May 4, 2011
CR -COW 2011 -14 on COW 2011 -05 Communication (04/20/2011) from
Human Resources Subcommittee Chair
Bynum, transmitting the "Report of the
Human Resources Sub - Committee,"
pursuant to Resolution No. 2011 -04,
Draft 1, as amended by Resolution
No. 2011 -43, for the committee's
information and consideration.
(Received for the record)
RESOLUTIONS:
Resolution No. 2011 -50, RESOLUTION CONFIRMING COUNCIL
APPOINTMENT TO THE KAUAI HISTORIC PRESERVATION REVIEW
COMMISSION (Nancy Ann McMahon — Archaeology designation) (Deferred
0412012011)
Resolution No. 2011 -51, RESOLUTION SUPPORTING THE TRAPPING,
NEUTERING AND RETURN METHOD OF CONTROLLING KAUA`I'S
HOMELESS AND FERAL CAT POPULATION (Deferred 0412012011)
Resolution No. 2011 -52, RESOLUTION ESTABLISHING A SPEED HUMP
INSTALLATION ON MAKEKE ROAD, VICINITY OF WAIMEA
NEIGHBORHOOD CENTER, WAIMEA DISTRICT
Resolution No. 2011 -53, RESOLUTION ESTABLISHING CROSSWALKS, A
SHARED -USE PATH, AND REDEFINING TRAFFIC LANES ON ALA ROAD,
NIULANI ROAD, KEAKA ROAD, MAKAHA ROAD, PANIHI ROAD AND
MOANAKAI ROAD, KAWAIHAU DISTRICT, COUNTY OF KAUAI
BILLS FOR SECOND READING:
Bill No. Bill No. 2401, Draft 1 — A BILL FOR AN ORDINANCE TO AMEND
CHAPTER 9, KAUAI COUNTY CODE 1987, AS AMENDED, RELATING TO THE
SUBDIVISION ORDINANCE (See CR -PL 2011 -03; Planning Committee
recommended approval as amended)
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.)
Council Meeting Agenda 5 May 4, 2011
ES -486 Pursuant to Haw. Rev. Stat. sections 92 -4 and 92- 5(a)(4), and Kauai
County Charter section 3.07(E), the purpose of this executive session is
to provide Council with a briefing and request for authority to settle
claim filed against the County by Garden Isle Disposal on February 23,
2011, 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.
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. 2404 - AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -705, AS AMENDED, RELATING
TO THE OPERATING BUDGET OF THE COUNTY OF KAUA`l, STATE OF HAWAII, FOR THE FISCAL
YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS
ESTIMATED IN THE GENERAL FUND (Kaua`i Marathon grant $150,000.00)
Bill No. 2405 - AN ORDINANCE AMENDING ORDINANCE NO. B- 2010 -705, AS AMENDED, RELATING
TO THE OPERATING BUDGET OF THE COUNTY OF KAUAI, STATE OF HAWAII FOR THE FISCAL
YEAR JULY 1, 2010 THROUGH JUNE 30, 2011, BY REVISING THE SURPLUS AND APPROPRIATIONS
ESTIMATED IN THE GENERAL FUND (Kauai Fire Department rescue trucks $260,538.00)
Bill No. 2406 - A BILL FOR AN ORDINANCE TO AMEND CHAPTER 23, ARTICLE 3, SECTION 23 -3.2
OF THE KAUAI COUNTY CODE 1987, RELATING TO PEDDLERS AND CONCESSIONAIRES
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.
Council Meeting Agenda 6 May 4, 2011
NOTE: If the Council is not finished with this meeting by approximately 5:00 p.m., it will recess for
public hearings on the following. After the public hearings, the Council will reconvene to
complete any unfinished business.
Resolution No. 2011 -45, RESOLUTION ESTABLISHING THE REAL PROPERTY TAX RATES FOR THE
FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012 FOR THE COUNTYOFKAUAI
Bill No. 2402 — A BILL FOR AN ORDINANCE RELATING TO THE OPERATING BUDGET AND
FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012
Bill No. 2403 — A BILL FOR AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND
FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2011 TO JUNE 30, 2012
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.
Council Meeting Agenda 7 May 4, 2011